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Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2004

S.R. No. 172/2004

TABLE OF PROVISIONS

Regulation  Page

1.      Objective

2.Authorising provision

3.Principal Regulations

4.Amendment to Schedule of Offences (You Yangs Regional
Park)

5.Amendment to Schedule of Offences (Parks)

6.Amendments to Schedule of Offences (Reservoir Parks)

7.Amendment to Schedule of Offences (Vehicle Control)

8.Amendment to Schedule of Offences (Phillip Island Nature
Park)

9.Amendments to Schedule of Offences (Anglesea Heath)

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 172/2004

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

JOHN THWAITES
Minister for Environment

DIANE CASEY

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 offences against a relevant law for which an infringement notice may be served;

(b)to prescribe penalties for those prescribed offences.

2.Authorising provision

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

3.Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.

4.Amendment to Schedule of Offences (You Yangs Regional Park)

For items 103 to 108 of Schedule 2 to the Principal Regulations substitute

"103 6807 An offence under regulation 11(1) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit enter or remain in the You Yangs Regional Park when it has been closed to the public or enter an area within the park to which access has been prohibited or restricted, other than in accordance with a written authority of the Committee
104 6808 An offence under regulation 12(1) of the Forests (You Yangs Regional Park) Regulations 2003 2 penalty units light, kindle or maintain a fire within the You Yangs Regional Park other than in accordance with regulation 12(2) of the Forests (You Yangs Regional Park) Regulations 2003
105 6809 An offence under regulation 13(1)(c) of the Forests (You Yangs Regional Park) Regulations 2003 2 penalty units keep an apiary within the You Yangs Regional Park other than in accordance with a lease, licence or permit under the Forests Act 1958
106 6810 An offence under regulation 13(1)(d) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit put up any sign within the You Yangs Regional Park other than in accordance with a written authority of the Committee

107

6811 An offence under regulation 13(1)(e) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit take part in hang gliding or paragliding within the You Yangs Regional Park
108 6812 An offence under regulation 15(1)(a) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit construct any building or permanent structure or improvement within the You Yangs Regional Park other than in accordance with a written authority of the Committee or a lease, licence or permit under the Forests Act 1958
108A 6813 An offence under regulation 15(1)(b) of the Forests (You Yangs Regional Park) Regulations 2003 1·5 penalty units excavate, dig or remove any soil, rocks or stones within the You Yangs Regional Park other than in accordance with a written authority of the Committee or a lease, licence or permit under the Forests Act 1958
108B 6814 An offence under regulation 17(1) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit bring a vehicle or a vehicle of a particular class into an area set aside by the Committee as an area where vehicles generally or vehicles of that particular class are prohibited
108C 6815 An offence under regulation 17(2) of the Forests (You Yangs Regional Park) Regulations 2003 that a person must not drive a vehicle or a vehicle of a particular class in an area set aside under regulation 9(1)(c) in a direction contrary to that specified for vehicles generally or for vehicles of that particular class 1 penalty unit drive a vehicle or a vehicle of a particular class in an area set aside for the parking of vehicles, in a direction contrary to that specified for vehicles generally or for vehicles of that particular class

108D

6816 An offence under regulation 17(3) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit park a vehicle or a vehicle of a particular class other than in an area set aside for the parking of vehicles generally or vehicles of that particular class
108E 6817 An offence under regulation 17(4) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit park in a manner that causes an obstruction to a person or vehicle using the You Yangs Regional Park
108F 6818 An offence under regulation 18(1)(a) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit reside or remain overnight in the You Yangs Regional Park other than in accordance with a written authority of the Committee
108G 6819 An offence under regulation 18(1)(b) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit camp or erect a tent or use a caravan or other mobile structure for camping in the You Yangs Regional Park other than in accordance with a written authority of the Committee
108H 6820 An offence under regulation 19(1) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit take part in rock climbing, abseiling or other similar activities in the You Yangs Regional Park other than in an area set aside for those activities or in accordance with a written authority of the Committee

108I

6821 An offence under regulation 20(1) of the Forests (You Yangs Regional Park) Regulations 2003 1·5 penalty units bring a dog into, or allow a dog under the person's control to remain in, an area of the You Yangs Regional Park set aside by the Committee as an area where dogs are prohibited, other than where a disabled person brings a dog into or allows a dog to remain in the park to assist that person with respect to that person's disability
108J 6822 An offence under regulation 20(2) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit bring a dog into, or allow a dog to remain in, the You Yangs Regional Park where the dog is not on a leash, chain or cord or not adequately under the control of the person other than where a disabled person brings a dog into or allows a dog to remain in the park to assist that person with respect to that person's disability
108K 6823 An offence under regulation 20(3) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit fail to pick up and remove from the You Yangs Regional Park 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 park other than where a disabled person brings a dog into, or allows a dog to remain in, the park to assist that person with respect to that person's disability
108L 6824 An offence under regulation 21 of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit ride, drive, lead or bathe a horse in the You Yangs Regional Park except in an area set aside by the Committee for that purpose
108M 6825 An offence under regulation 22(1) of the Forests (You Yangs Regional Park) Regulations 2003 1·5 penalty units bring an animal into the You Yangs Regional Park other than an animal brought into the park in accordance with regulation 20 or 21, or allow any such animal under the person's control to enter or remain in the park other than where a disabled person brings a dog into, or allows a dog to remain in, the park to assist that person with respect to that person's disability
108N 6826 An offence under regulation 23(1) of the Forests (You Yangs Regional Park) Regulations 2003 2 penalty units

within the You Yangs Regional Park—

(a)  conduct a commercial activity or offer for sale or hire any article or service; or

(b)  distribute or display any handbills, pamphlets, books, papers or advertising matter or put up or leave any advertising placards or notices; or

(c)  use any amplifier, public address system, loud hailer or any similar device to deliver an address of a commercial nature; or

(d)  take photographs, film or videos for commercial purposes—

other than in accordance with a written authority of the Committee or a lease, licence or permit under the Forests Act 1958

108O 6827 An offence under regulation 24(1) of the Forests (You Yangs Regional Park) Regulations 2003 1 penalty unit within the You Yangs Regional Park, conduct an organised entertainment or sporting or recreational function, rally, festival, tour, fete or public meeting or similar event other than in accordance with a written authority of the Committee".

5.Amendment to Schedule of Offences (Parks)

For items 217 to 242 of Schedule 2 to the Principal Regulations substitute

"217 6763 An offence under regulation 9(1) of the National Parks (Park) Regulations 2003 2 penalty units in a park, disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any fauna or other animal or destroy, disturb or interfere with the nest, bower, display, mound, lair or burrow of any fauna or other animal other than in accordance with regulation 9(3) of the National (Parks) Park Regulations 2003
218 6764 An offence under regulation 9(2)(a) of the National Parks (Park) Regulations 2003 1 penalty units in a park, feed, offer food or offer any object as food to any fauna or other animal in a park, where that animal was not lawfully brought into that park
219 6765 An offence under regulation 9(2)(b) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, permit or allow food to be taken from the person's possession by any fauna or other animal
220 6766 An offence under regulation 10(1) of the National Parks (Park) Regulations 2003 1·5 penalty units in a park, possess, carry or use any poison or any trap, snare, net (other than a net designed to be used for fishing) or similar equipment other than in accordance with a permit issued by the Secretary
221 6767 An offence under regulation 11(1) of the National Parks (Park) Regulations 2003 1·5 penalty units in a park, use a net designed to be used for fishing other than in accordance with regulation 11(2) of the National Parks (Park) Regulations 2003
222 6768 An offence under regulation 12(1) of the National Parks (Park) Regulations 2003 2 penalty units take or attempt to take a fish in an indigenous fish preservation area other than in accordance with regulation 12(2) of the National Parks (Park) Regulations 2003
223 6769 An offence under regulation 13(1) of the National Parks (Park) Regulations 2003 2 penalty units in a park, cut, fell, pick, remove, take, destroy or damage any flora or other vegetation whether alive or dead other than in accordance with regulation 13(2) of the National Parks (Park) Regulations 2003
224 6770 An offence under regulation 17(1)(a) of the National Parks (Park) Regulations 2003 2 penalty units dig or remove from a park any gravel, shell, grit, sand, soil or other similar material other than in accordance with regulation 17(2) of the National Parks (Park) Regulations 2003
225 6771 An offence under regulation 18 of the National Parks (Park) Regulations 2003 1·5 penalty units remove, cut, displace, deface or interfere with any thing constructed or erected in a park
226 6772 An offence under regulation 19(1) of the National Parks (Park) Regulations 2003 1 penalty unit enter into or remain in a prohibited access area
227 6773 An offence under regulation 19(2) of the National Parks (Park) Regulations 2003 1 penalty unit enter into or remain in a restricted access area other than in accordance with the determination of the Secretary under the National Parks (Park) Regulations 2003 under which the area is set aside
228 6774 An offence under regulation 20(1) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, leave an identified track for walking or riding when an erected sign or notice requires persons to remain on the track, other than in accordance with a permit issued by the Secretary or a determination of the Secretary under the National Parks (Park) Regulations 2003
229 6775 An offence under regulation 21(1) of the National Parks (Park) Regulations 2003 1 penalty unit possess or carry a glass bottle, glass container or glass utensil in an area of a park where those items are prohibited
230 6776 An offence under regulation 23(1) of the National Parks (Park) Regulations 2003 1 penalty unit possess liquor in an area of a park where possession of liquor is prohibited
231 6777 An offence under regulation 25(1) of the National Parks (Park) Regulations 2003 2 penalty units light or maintain a fire in a park other than in accordance with regulation 25(2) of the National Parks (Park) Regulations 2003
232 6781 An offence under regulation 26(1) of the National Parks (Park) Regulations 2003 1 penalty unit engage in a sport or recreational activity in an area of a park where that sport or recreational activity is prohibited other than in accordance with a permit issued by the Secretary or at an event conducted by a person who has been issued with a permit by the Secretary
233 6782 An offence under regulation 27(1) of the National Parks (Park) Regulations 2003 1 penalty unit conduct in a park an organised entertainment, show, festival, tour, fete, public meeting, or a demonstration, training class or similar event, or a wedding or similar ceremony or a car rally, fishing competition or similar event other than in accordance with a permit issued by the Secretary
234 6783 An offence under regulation 27(2) of the National Parks (Park) Regulations 2003 1 penalty unit conduct in a park a private function, that is not a wedding or similar ceremony, for 30 or more persons other than in accordance with a permit issued by the Secretary
235 6784 An offence under regulation 30(1) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, erect or construct a building or other structure or an inflatable castle or similar inflatable device other than in accordance with regulation 26, 27, 34, 45 or 54 of the National Parks (Park) Regulations 2003
236 6785 An offence under regulation 31(1) of the National Parks (Park) Regulations 2003 0·5 penalty units occupy, use or enter a building or structure in a park other than in accordance with regulation 31(2) of the National Parks (Park) Regulations 2003
237 6786 An offence under regulation 32(1) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, enter or use a toilet, shower or other facility designated solely for the use of persons of the opposite sex other than in accordance with regulation 32(2) of the National Parks (Park) Regulations 2003
238 6787 An offence under regulation 34(1) of the National Parks (Park) Regulations 2003 1 penalty unit camp in a park in an area that is not set aside by the Secretary for the purposes of camping
239 6788 An offence under regulation 34(4) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, in an area set aside for camping, camp within 20 metres of a river, stream, well, spring, creek, dam, bore or watercourse or within 20 metres landward of the high water mark other than in accordance with the determination setting aside the area under regulation 34(3) of the National Parks (Park) Regulations 2003
240 6789 An offence under regulation 37(2) of the National Parks (Park) Regulations 2003 1·5 penalty units bring a dog into a park or allow a dog to remain in a park other than in accordance with regulation 37(6) of the National Parks (Park) Regulations 2003
241 6790 An offence under regulation 37(4) of the National Parks (Park) Regulations 2003 1 penalty unit bring a horse into a park or allow a horse to remain in a park other than in accordance with regulation 37(6) of the National Parks (Park) Regulations 2003
242 6791 An offence under regulation 38(1) of the National Parks (Park) Regulations 2003 2 penalty units bring a cat into a park or allow a cat to remain in a park other than in accordance with regulation 38(6) of the National Parks (Park) Regulations 2003
242A 6792 An offence under regulation 38(3) of the National Parks (Park) Regulations 2003 1·5 penalty units bring an animal (that is not a dog, horse or cat) into a park other than in accordance with regulations 38(5) and 38(6) of the National Parks (Park) Regulations 2003
242B 6793 An offence under regulation 40(2) of the National Parks (Park) Regulations 2003 1 penalty unit being in charge of a vehicle, cause the vehicle to enter into or remain in an area of a park in contravention of a determination of the Secretary under regulation 40(1) of the National Parks (Park) Regulations 2003
242C 6794 An offence under regulation 40(3) of the National Parks (Park) Regulations 2003 that a person who is in charge of a vehicle in a park must not operate that vehicle in contravention of a notice or sign that specifies the direction of movement of vehicles in that park 1 penalty unit being in charge of a vehicle, operate the vehicle in a park in contravention of a notice or sign that specifies the direction of movement of vehicles in that park
242D 6795 An offence under regulation 41(1) of the National Parks (Park) Regulations 2003 1 penalty unit park or leave a vehicle standing in a park in an area that is not set aside by the Secretary for that purpose other than in accordance with regulation 41(2) of the National Parks (Park) Regulations 2003
242E 6796 An offence under regulation 42(3) of the National Parks (Park) Regulations 2003 1 penalty unit being in charge of a regulated vehicle, cause the vehicle to enter or remain in a wheel chain carrying area during a wheel chain carrying period without the vehicle carrying wheel chains suitable to be properly fitted to not less than 2 drive wheels of the vehicle
242F 6797 An offence under regulation 42(5) of the National Parks (Park) Regulations 2003 1 penalty unit fail to comply with a direction by an authorised officer to properly fit wheel chains to at least 2 drive wheels of a regulated vehicle
242G 6798 An offence under regulation 43(2) of the National Parks (Park) Regulations 2003 1 penalty unit launch, land, load, unload, moor, anchor, or operate a vessel in an area of a park in contravention of a determination of the Secretary under regulation 43(1) of the National Parks (Park) Regulations 2003
242H 6799 An offence under regulation 44(2) of the National Parks (Park) Regulations 2003 1 penalty unit in a park, launch or land an aircraft or deliver anything by an aircraft other than in accordance with regulation 44 of the National Parks (Park) Regulations 2003
242I 6800 An offence under regulation 48(2) of the National Parks (Park) Regulations 2003 2 penalty units

in a designated water supply catchment area or in an area set aside by the Secretary as a water supply catchment area do any of the following in relation to the water in a river, stream, creek, spring, watercourse, waterway, artificial channel, reservoir, dam or other waterworks in that area—

(a)  touch, or allow any part of the person's body to come into contact with, that water;

(b)  wash anything in or near that water;

(c)  throw, or allow to enter, into the water any dog or other animal;

(d)  throw, convey or permit to flow or be thrown or conveyed into that water any rubbish, dirt or anything likely to pollute that water; or

(e)  take or attempt to take fish by any means from that water

242J 6801 An offence under regulation 57(1) of the National Parks (Park) Regulations 2003 2 penalty units enter or remain in any area of the designated water supply catchment area in the Kinglake National Park other than in accordance with regulation 57 of the National Parks (Park) Regulations 2003
242K 6802 An offence under regulation 58(1) of the National Parks (Park) Regulations 2003 2 penalty units enter or remain in any area of the designated water supply catchment area in the Yarra Ranges National Park other than in accordance with regulation 58 of the National Parks (Park) Regulations 2003".

6.Amendments to Schedule of Offences (Reservoir Parks)

(1)For item 259 of Schedule 2 to the Principal Regulations substitute

"259 6851 An offence under regulation 11(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 2 penalty units in reservoir parks land, fell, pick, remove or damage any tree, shrub, plant, wildflower or other vegetation, whether dead or alive".

(2)For item 261 of Schedule 2 to the Principal Regulations substitute

"261 6852 An offence under regulation 14(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 2 penalty units light or maintain a fire or barbecue in reservoir parks land other than in accordance with regulation 14(2) of the Water Industry (Reservoir Parks Land) Regulations 2001".

(3)For item 267 of Schedule 2 to the Principal Regulations substitute

"267 6853 An offence under regulation 18(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 1·5 penalty units bring an animal into reservoir parks land, or leave or allow an animal to remain in reservoir parks land other than in an area set aside for that purpose under regulation 7(1) of the Water Industry (Reservoir Parks Land) Regulations 2001 or in accordance with regulation 18(4) of those regulations".

7.Amendment to Schedule of Offences (Vehicle Control)

For item 283 of Schedule 2 to the Principal Regulations substitute

"283 6828 An offence under regulation 6(1) of the Land Conservation (Vehicle Control) Regulations 2003 1 penalty unit cause or permit any motor vehicle to be within an area of public land where motor vehicles are forbidden other than in accordance with regulation 6 of the Land Conservation (Vehicle Control) Regulations 2003".

8.Amendment to Schedule of Offences (Phillip Island Nature Park)

In Schedule 2 to the Principal Regulations, after item 298 insert the following items—

"298A 6837 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 9(4) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units fail to comply with a determination made under regulation 9(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298B 6838 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 10(4) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units fail to comply with a determination made under regulation 10(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 by accessing or entering a prohibited or restricted area
298C 6839 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 12(5) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units enter the reserve or use the improvements, services or facilities within the reserve without paying the appropriate fee
298D 6840 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 14(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units bring an animal into, or allow an animal under the person's control to enter or remain in the reserve other than in accordance with regulation 14(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298E 6841 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 14(4) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units fail to remove from the reserve any faeces deposited by a dog brought by the person into the reserve, or fail to place the faeces in a receptacle which is provided for that purpose by the Committee
298F 6842 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 15(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units drive a vehicle in the reserve other than in an area of the reserve that is set aside for the passage or parking of vehicles
298G 6843 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 15(3) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units park or leave a vehicle standing in the reserve other than in an area of the reserve that is set aside for the parking of vehicles in accordance with the times and manner determined by the Committee
298H 6844 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 19(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units light or maintain a fire in the reserve other than in accordance with regulation 19(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298I 6845 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 20(1)(a) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units take, cut, damage, displace, deface or interfere with any timber, tree, shrub, plant, wildflower or other vegetation other than in accordance with regulation 20(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298J 6846 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 20(1)(d) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units take, destroy or damage any lair or nest or take any fauna or its lair or nest or take any skeletal remains other than in accordance with regulation 20(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298K 6847 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 20(1)(e) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·4 penalty units move or interfere with any sign, noticeboard, equipment, seat, table, gate, post, fence, bridge, facility, building or structure other than in accordance with regulation 20(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298L 6848 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 20(1)(g) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units take any stone including any sand, soil or gravel other than in accordance with regulation 20(2) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000
298M 6849 An offence under section 13(5) of the Crown Land (Reserves) Act 1978 constituted by contravention of regulation 26(1) of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000 0·5 penalty units

in the reserve do any of the following—

(a)  sell or offer any article for sale;

(b)  take photographs for gain or commercial purposes;

(c)  ply any vehicle for hire or carry any passengers for fee or reward;

(d)  conduct any school or provide any form of instruction for gain;

(e)  display, advertise for sale or trade or hire any article, device, service or thing;

(f)   solicit or collect any money or orders for goods or services or other purposes;

(g)  take part in or advertise any entertainment for gain;

(h)  give out, distribute, erect, leave set up or display any handbill, placard, notice, pamphlet, book, paper, advertising matter or any like thing;

(i)   offer for hire any article, device or thing;

(j)   conduct a tour for gain or for commercial purposes—

other than in accordance with a permit issued under Part 2 of the Crown Land Reserves (Phillip Island Nature Park) Regulations 2000".

9.Amendments to Schedule of Offences (Anglesea Heath)

(1)In Schedule 2 to the Principal Regulations, after item 299 insert the following item—

"299A 6830 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 9(4)(b) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 by digging or removing from the Anglesea Heath any gravel, stone, shell, grit, sand, loam or other like material 1 penalty unit dig or remove from the Anglesea Heath any gravel, stone, shell, grit, sand, loam or other like material".

(2)For item 300 of Schedule 2 to the Principal Regulations substitute

"300 6829 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 9(8) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 1 penalty unit enter an area in the Anglesea Heath set aside under regulation 8(2) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 to which access is prohibited".

(3)For items 302 to 305 of Schedule 2 to the Principal Regulations substitute

"302 6832 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 15 of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 1 penalty unit camp or use a tent, caravan or other mobile structure for camping in the Anglesea Heath
303 6833 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 17(1) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 1 penalty unit bring a dog into or allow a dog under the person's control to enter or allow a dog to remain in the Anglesea Heath other than in accordance with regulation 17(2) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000
304 6834 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 18(1) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 1 penalty unit bring an animal, other than a dog in accordance with regulation 17(2) of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000, into or allow any such animal to enter or remain in the Anglesea Heath other than in accordance with regulation 18(2) of those Regulations
305 6835 An offence under section 82(5) of the Conservation, Forests and Lands Act 1987 constituted by a contravention of regulation 19 of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 1 penalty unit bring a vehicle into or leave a vehicle standing in an area of the Anglesea Heath set aside under regulation 8 of the Conservation, Forests and Lands (Anglesea Heath) Regulations 2000 for a purpose set out in paragraphs (a)–(e) of regulation 19 of those Regulations".

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ENDNOTES


[1] Reg. 3: S.R. No. 48/2002. Subsequently amended by S.R. Nos 17/2003, 122/2003, 11/2004 and 88/2004.

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