EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 332
NATIONAL PARKS AND WILDLIFE REGULATIONS (AMENDMENT)
(Issued under the Authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories.)
The purpose of this amendment to the National Parks and Wildlife Regulations is to ensure that the policy of imposing appropriate park use charges on persons who enter and use proclaimed Parks and Reserves can be effectively enforced.
Section 71 of the National Parks and Wildlife Conservation Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The National Parks and Wildlife Regulations (the Regulations) are made under section 71 of the Act.
Subsection 17(1A) of the Act enables the Director of National Parks and Wildlife, subject to the Minister’s approval, to determine and impose charges -
(a) for entering or using a park or reserve or part of a park or reserve;
(b) for using services or facilities provided by the Director in or in connexion with a park, reserve or conservation zone; and
(c) for-
(i) the parking or stopping of vehicles;
(ii) the mooring or landing of vessels;
(iii) the landing of aircraft; and
(iv) the use of vehicles and vessels,
in parks and reserves.
In order to ensure that a charge imposed by the Director under subsection 17(1A) of the Act can be enforced, the Regulations have now been amended to require a person who engages in an activity referred to in subsection 17(1A),
in relation to which a charge is payable, to pay the amount of the charge when requested to do so by a ranger or warden. The penalty for non-compliance is $500.
Provisions of the Act relating to the appointment and powers of rangers and wardens are contained in sections 37-44 of the Act.
The amendment to the Regulations has been achieved by repealing regulation 2B and replacing it with the new provisions.
The former regulation 2B, before repeal, provided for the establishment of entrance stations through which persons could enter parks and reserves and for the granting of permits authorizing entry to a park or reserve otherwise than through an entrance station. As entry to and use of parks and reserves are now to be regulated by means of park use charges imposed under subsection 17(1A) of the Act, the provisions relating to entrance stations and entry permits are no longer necessary.