Untitled document

Alpine Resorts (Management) (Amendment) Regulations 2005

S.R. No. 31/2005

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Definitions

6.Board may set aside areas for public use

7.Board may grant authority for certain purposes

8.Division 1 of Part 3 substituted

Division 1—Fees for Access or Use of Alpine Resorts

14.Offence to enter an alpine resort as a bus passenger without paying fee

15.Offence to enter an alpine resort in a motor vehicle without paying fee

16.Offence for persons to enter alpine resorts by means other than in buses and motor vehicles without paying fee

16A.Power of Boards to determine annual fee for access or use of alpine resorts

16B.Considerations Board must take into account in determining fees

16C.Classes of person not required to pay access or use fees

16D.Board may reduce or waive fees for access or use of alpine resorts

9.Board may issue helicopter entry permit

10.Revocation of regulations 18 and 19

11.Revocation of Division 3 of Part 3

12.New regulation 54A inserted

54A.Prescribed Board may waive carrying of wheel chains on certain days

13.Revocation of Schedule 2

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 31/2005

Alpine Resorts (Management) Act 1997

Alpine Resorts (Management) (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 17 May 2005

Responsible Minister:

JOHN THWAITES
Minister for Environment

RUTH LEACH

Acting Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Alpine Resorts (Management) Regulations 1998 to—

(a)prescribe maximum fees for persons to access or use set-aside areas in alpine resorts; and

(b)make further provision for the carriage of wheel chains in vehicles; and

(c)make further provision for areas in alpine resorts to be set aside for public use; and

(d)make other miscellaneous and consequential amendments to those regulations.

2.Authorising provision

These Regulations are made under section 57 of the Alpine Resorts (Management) Act 1997.

3.Commencement

These Regulations come into operation on 1 June 2005.

4.Principal Regulations

In these Regulations, the Alpine Resorts (Management) Regulations 1998[1] are called the Principal Regulations.

5.Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

' "commercial motor vehicle" has the same meaning as in the Road Safety Act 1986;

"contractor" includes an employee or sub-contractor of a contractor;

"day visitor" means a person who enters an alpine resort after 7.00 a.m. and leaves the alpine resort before midnight on the same day;

"motor cycle" has the same meaning as in the Road Safety Act 1986;

"motor vehicle" has the same meaning as in the Road Safety Act 1986, but does not include a commercial motor vehicle or a motor cycle;

"prescribed Board" means—

(a)the Lake Mountain Alpine Resort Management Board; or

(b)the Mount Baw Baw Alpine Resort Management Board; or

(c)the Mount Buller and Mount Stirling Alpine Resort Management Board;';

(b)in the definition of "vehicle", omit "within the meaning of the Road Safety Act 1986" where first and secondly occurring;

(c)the definition of "vehicle entry permit" is revoked.

6.Board may set aside areas for public use

(1)In regulation 10(1)(h) of the Principal Regulations, for "is permitted." substitute "is permitted; or".

(2)After regulation 10(1)(h) of the Principal Regulations insert—

"(i)as an area where the parking of vehicles or classes of vehicles is permitted; or

(j)as an area where downhill skiing is permitted during the snow season; or

(k)as an area where any other public use is permitted.".

7.Board may grant authority for certain purposes

In regulation 13(1) of the Principal Regulations, for "regulation 14, 20" substitute "regulation 14(1), 15(1), 16(1)".

8.Division 1 of Part 3 substituted

For Division 1 of Part 3 of the Principal Regulations substitute—

"Division 1Fees for Access or Use of Alpine Resorts—

14.Offence to enter an alpine resort as a bus passenger without paying fee

(1)A person must not enter an alpine resort as a passenger in a bus unless that person has paid the fee determined by the relevant Board in accordance with sub-regulation (2).

Penalty:5 penalty units.

(2)A relevant Board may determine a fee that is payable for persons to access or use areas in the alpine resort for which that Board is responsible that are set aside by or under regulations made under the Act for public use.

(3)The fee determined by the Board under sub-regulation (2) for entry to the alpine resort during the snow season must not exceed $13.25.

(4)The fee determined by the Board under this regulation for entry to the alpine resort in the off-season must not exceed one-third of the amount specified in sub- regulation (3).

15.Offence to enter an alpine resort in a motor vehicle without paying fee

(1)A person must not enter an alpine resort in a motor vehicle unless the fee determined in accordance with sub-regulation (3) by the relevant Board has been paid.

Penalty:5 penalty units.

(2)Sub-regulation (1) does not apply to a person if the person enters the alpine resort in a motor vehicle in respect of which an annual fee determined in accordance with regulation 16A(1) by the relevant Board has been paid.

(3)A relevant Board may determine a fee that is   payable for persons to access or use areas in the   alpine resort for which that Board is responsible   that are set aside by or under regulations made under the Act for public use.

(4)In the case of entry to the alpine resort in a motor vehicle during the snow season, the fee determined by the Board under sub-regulation (3) must not exceed—

(a)$42.00 for the motor vehicle for each day that the motor vehicle remains in the alpine resort; or

(b)if the Board so determines—

(i)if the motor vehicle contains the minimum number (as determined by the Board) of persons or more, $39.75 for the motor vehicle for each day, that the motor vehicle remains in the alpine resort; or

(ii)if the motor vehicle contains less than the minimum number of persons, $13.25 for each person in the motor vehicle for each day that the motor vehicle remains in the alpine resort.

(5)The fee determined by the Board under this   regulation to access or use areas in the alpine resort in the off-season must not exceed one‑third of any amount specified in sub-regulation (4).

16.Offence for persons to enter alpine resorts by means other than in buses and motor vehicles without paying fee

(1)A person must not enter an alpine resort, other than as a passenger in a bus or in a motor vehicle, unless the fee determined in accordance with sub-regulation (2) by the relevant Board has been paid.

Penalty:5 penalty units.

(2)A relevant Board may determine a fee that is payable for persons to access or use areas in the alpine resort for which that Board is responsible that are set aside by or under regulations made under the Act for public use.

(3)In the case of entry to the alpine resort during the snow season, the fee determined by the Board under sub-regulation (2) must not exceed $13.25 for each person for each day that the person remains in that alpine resort.

(4)The fee determined by the Board under this regulation to access or use areas in the alpine resort in the off-season must not exceed one‑third of the amount specified in sub-regulation (3).

16A.Power of Boards to determine annual fee for access or use of alpine resorts

(1)A relevant Board may determine a fee that is payable in respect of a motor vehicle for persons in that motor vehicle to access or use areas, in an alpine resort for which that Board is responsible that are set aside by or under regulations made under the Act for public use, at any time during any period of 12 months determined by the Board.

(2)The fee determined by the Board under sub-regulation (1) must not exceed $504.00.

(3)The Board may determine to reduce or waive the fee determined under sub-regulation (1) if the person applying to pay the fee has paid an annual fee to access or use such set-aside areas in another alpine resort in respect of that vehicle for that year.

16B.Considerations Board must take into account in determining fees

In determining a fee under regulation 14(2), 15(3) or 16(2), a relevant Board must take into account—

(a)any commercial considerations; or

(b)any marketing considerations.

16C.Classes of person not required to pay access or use fees

A person who is in any one of the following classes is not required to pay a fee determined by a relevant Board under this Division in relation to the alpine resort for which that Board is responsible—

(a)a person acting in accordance with an authority issued by the relevant Board that allows that person to access or use the areas in the alpine resort set aside by or under regulations made under the Act for public use without paying the fee for that access or use;

(b)a person authorised to access or use the areas in the alpine resort set aside by or under regulations made under the Act for public use without paying the fee for that access or use by—

(i)a lease, licence or other agreement issued under the Act or a corresponding previous enactment; or

(ii)a lease or licence issued under the Crown Land (Reserves) Act 1978 in respect of the alpine resort;

(c)a person entering the alpine resort during the off-season who is not given a reasonable opportunity to pay the fee for access and use of the areas in the alpine resort set aside by or under regulations made under the Act for public use;

(d)a person travelling directly through the alpine resort to a place outside that resort;

(e)a member, employee, agent or contractor of the Council or the relevant Board of the alpine resort who is acting in the course of his or her duties as such a member, employee, agent or contractor in the alpine resort;

(f)an authorised officer who is acting in the course of his or her duties as such an officer in the alpine resort;

(g)a person who has entered the alpine resort at the request of the Board for the purpose of assisting the Board in search and rescue activities.

16D.Board may reduce or waive fees for access or use of alpine resorts

A relevant Board may determine to reduce or waive a fee determined under this Division that is payable for a person to access or use areas in the alpine resort for which that Board is responsible if the Board is satisfied that—

(a)the person is in the course of conducting official business with the Board; or

(b)the person has been invited by the Board (in the course of carrying out its functions) to enter the resort; or

(c)in respect of any day, a fee has already been paid on that day for that person to access or use areas in another alpine resort; or

(d)the person is a pilot of a helicopter that has entered the alpine resort for the purpose of bringing other persons to the resort to access or use areas in the resort.".

9.Board may issue helicopter entry permit

In regulation 17(1) of the Principal Regulations, for "On payment of a fee determined by the Board under regulation 18, the" substitute "The".

10.Revocation of regulations 18 and 19

Regulations 18 and 19 of the Principal Regulations are revoked.

11.Revocation of Division 3 of Part 3

Division 3 of Part 3 of the Principal Regulations is revoked.

12.New regulation 54A inserted

After regulation 54 of the Principal Regulations insert—

"54A.Prescribed Board may waive carrying of wheel chains on certain days

(1)A prescribed Board may determine that regulation 54 does not apply to day visitors on a specified day in an alpine resort for which the Board is responsible.

(2)The prescribed Board may make a determination under sub-regulation (1) on the day specified in the determination or on the day prior to that day in relation to either—

(a)all vehicles, when entering or remaining in the alpine resort; or

(b)those classes of vehicles that are specified in the determination, when entering or remaining in the alpine resort.

(3)In making a determination under sub-regulation (1), the prescribed Board must take into account public safety considerations, including—

(a)the general conditions of the roads; and

(b)the extent of any snow or ice on the roads; and

(c)the latest available weather forecasts.

(4)The prescribed Board must ensure that signs or notices informing the public of a determination made under sub-regulation (1), including any details relating to the determination, are displayed adjacent to roads within the alpine resort in such a place and manner that those details are reasonably likely to be seen by any person affected by them.".

13.Revocation of Schedule 2

Schedule 2 to the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 46/1998 as amended by S.R. No. 71/2000.