Untitled document

Conservation, Forests and Lands (Infringement Notice) (Royal Botanic Gardens) Regulations 2005

S.R. No. 172/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Amendments to Schedule 2

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 172/2005

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) (Royal Botanic Gardens) Regulations 2005

The Lieutenant-Governor, having assumed the administration of the government of the State, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 December 2005

Responsible Minister:

JOHN THWAITES
Minister for Environment

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a)to prescribe further offences against a relevant law for which an infringement notice may be served;

(b)to prescribe penalties for those prescribed offences;

(c)to make other changes.

2.Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3.Amendments to Schedule 2

In Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1]—

(a)items 109 to 114 are revoked; and

(b)items 128 to 131 are revoked; and

(c)for items 132 to 152 substitute—

"

Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty	Column 5 Summary of Offence
132	6876	An offence under section 50A(a) of the Royal Botanic Gardens Act 1991	4 penalty units	take, destroy or damage any item in the State botanical collection
133	6877	An offence under section 50A(b) of the Royal Botanic Gardens Act 1991	4 penalty units	take, destroy or damage any flora in the botanic gardens
134	6878	An offence under section 50A(c) of the Royal Botanic Gardens Act 1991	4 penalty units	take, destroy or injure any fauna in the botanic gardens
135	6879	An offence under section 50B(3)(b) of the Royal Botanic Gardens Act 1991	1 penalty unit	in response to a request under section 50B(1) of the Royal Botanic Gardens Act 1991 state a name that is false in a material detail
Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty	Column 5 Summary of Offence
136	6880	An offence under section 50B(3)(c) of the Royal Botanic Gardens Act 1991	1 penalty unit	in response to a request under section 50B(1) of the Royal Botanic Gardens Act 1991 state an address that is not the full and correct address of his or her ordinary place of residence or business

137	6881	An offence under regulation 7(3) of the Royal Botanic Gardens Regulations 2004		1 penalty unit		enter or remain in any part of the Gardens that is closed to the public other than when attending a private function approved by the Board or other than in accordance with the written authority of the Board
138	6882	An offence under regulation 9(1)(a) of the Royal Botanic Gardens Regulations 2004	1 penalty unit		in the Gardens, climb upon any plant whether alive or dead other than in accordance with a determination of the Board or a written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences		Column 4 Penalty		Column 5 Summary of Offence
139	6883	An offence under regulation 10(b) of the Royal Botanic Gardens Regulations 2004	1 penalty unit		in the Gardens, destroy or interfere with the habitat of any animal including any nest, bower, display mound, lair or burrow other than in accordance with the written authority of the Board

140	6884	An offence under regulation 11 of the Royal Botanic Gardens Regulations 2004	1 penalty unit		in the Gardens, feed or offer food or any object as food to any animal other than in accordance with the written authority of the Board
141	6885	An offence under regulation 12(a) of the Royal Botanic Gardens Regulations 2004	2 penalty units		in the Gardens, damage, deface, remove or displace any sign, structure, facility, equipment or natural feature other than in accordance with the written authority of the Board
142	6886	An offence under regulation 12(b) of the Royal Botanic Gardens Regulations 2004		2 penalty units	in the Gardens, dig up or remove any soil, mulch, sand, stone or similar substance other than in accordance with the written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences		Column 4 Penalty		Column 5 Summary of Offence
143	6887	An offence under regulation 13(1)(a) of the Royal Botanic Gardens Regulations 2004		1 penalty unit	in the Gardens, camp or reside other than in accordance with the written authority of the Board
144	6888	An offence under regulation 13(1)(b) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, occupy any building that is not set aside for public use other than in accordance with the written authority of the Board
145	6889	An offence under regulation 13(1)(c) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, erect or occupy a structure or cause a structure to be erected or occupied other than in accordance with the written authority of the Board
146	6890	An offence under regulation 14(1) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, leave the lawns, pathways, walking tracks, roads or other thoroughfares in any area other than under and in accordance with the written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty		Column 5 Summary of Offence
147	6891	An offence under regulation 14(2) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, climb over, pass under or break through any gate, fence, barrier or hedge in order to leave or enter the Gardens
148	6892	An offence under regulation 14(3) of the Royal Botanic Gardens Regulations 2004	2 penalty units	in the Gardens, light any fire or use any flame other than in cooking apparatus or other equipment approved by the Board or with the written authority of the Board
149	6893	An offence under regulation 15(1) of the Royal Botanic Gardens Regulations 2004	2 penalty units	in the Gardens, possess, carry or use any poison or weapon, trap or snare other than under and in accordance with the written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty		Column 5 Summary of Offence
150	6894	An offence under regulation 16(2) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, engage in a recreational or sporting activity in contravention of a determination of the Board under regulation 16(1) of the Royal Botanic Gardens Regulations 2004 other than in accordance with regulation 16(2) of those regulations
151	6895	An offence under regulation 17(a) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, conduct an organised entertainment or show other than under and in accordance with the written authority of the Board
152	6896	An offence under regulation 17(b) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, conduct a festival, tour, fete or public meeting other than under and in accordance with the written authority of the Board
152A	6897	An offence under regulation 17(c) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, conduct a demonstration, training class or similar event other than under and in accordance with the written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty		Column 5 Summary of Offence
152B	6898	An offence under regulation 17(e) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, conduct a rally, competition or similar event other than under and in accordance with the written authority of the Board
152C	6899	An offence under regulation 20(a) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, conduct a commercial activity or offer for sale or hire any article or service other than when acting under and in accordance with the written authority of the Board
152D	6900	An offence under regulation 20(b) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, take a photograph, make a film or video or make an image, a drawing or a painting for commercial purposes other than when acting under and in accordance with the written authority of the Board
152E	6901	An offence under regulation 21(a) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, solicit or collect money other than under and in accordance with the written authority of the Board
Column 1 Item	Column 2 Identifying Number	Column 3 Offences	Column 4 Penalty		Column 5 Summary of Offence
152F	6902	An offence under regulation 21(b) of the Royal Botanic Gardens Regulations 2004	1 penalty unit	in the Gardens, distribute or display any handbills, pamphlets, books, papers or advertising matter or erect or display any advertising placard or notice other than under and in accordance with the written authority of the Board
152G	6903	An offence under regulation 22(3) of the Royal Botanic Gardens Regulations 2004		1 penalty unit	fail to pick up and remove from the Gardens any faeces deposited by a dog that is brought by the person into, or that is under the person's control and that the person allowed to enter or remain in, the Gardens
152H	6904	An offence under regulation 23(1) of the Royal Botanic Gardens Regulations 2004		1 penalty unit	bring an animal that is not a dog into, or allow that animal under the person's control to enter or remain in, the Gardens
152I	6905	An offence under regulation 24(3)(a) of the Royal Botanic Gardens Regulations 2004		1 penalty unit	in the Gardens, park a vehicle in contravention of a determination under regulation 24(1) of the Royal Botanic Gardens Regulations 2004
Column 1 Item	Column 2 Identifying Number	Column 3 Offences		Column 4 Penalty		Column 5 Summary of Offence
152J	6906	An offence under regulation 24(4) of the Royal Botanic Gardens Regulations 2004		1 penalty unit	in the Gardens, drive a vehicle that is not being driven— (a)     on a public access road; or (b) in accordance with a determination under regulation 24(1) of the Royal Botanic Gardens Regulations 2004; or (c)     under and in accordance with a  written authority of the Board
152K	6907	An offence under regulation 27(2) of the Royal Botanic Gardens Regulations 2004	1 penalty unit		enter the Australian Garden without having paid the fee or concessional charge (as the case requires)

"; and

(d)items 195 to 212 are revoked.

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ENDNOTES

[1] Reg. 3: S.R. No. 48/2002.  Reprint No. 1 as at 14 December 2004  Reprinted to S.R. No. 172/2004 and subsequently amended by S.R. No. 48/2005.