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.
Overview
The National Parks and Wildlife Regulations (Amendment) Statutory Rules 1988 No. 332, enacted under the authority of the Minister for the Arts, Sport, the Environment, Tourism and Territories, address the need for enforcing appropriate park use charges on individuals entering and utilising proclaimed parks and reserves. This amendment to the National Parks and Wildlife Regulations aims to ensure that the policy of imposing these charges, as outlined in the National Parks and Wildlife Conservation Act 1975, can be effectively enforced. The regulation modification mandates that individuals engaging in activities for which a charge is payable must pay the charge when requested by a ranger or warden, with non-compliance incurring a penalty of $500. This legislative change was made necessary as the previous provisions concerning entrance stations and entry permits have become redundant, given that entry and use of parks and reserves are now regulated by the park use charges imposed under the Act.
Scope and Application
The National Parks and Wildlife Regulations (Amendment) Statutory Rules 1988 No. 332 aim to enforce the imposition of park use charges on individuals entering and utilising proclaimed parks and reserves, in accordance with Section 71 of the National Parks and Wildlife Conservation Act 1975. This amendment applies to any person engaging in activities within parks and reserves, such as entering or using a park or reserve, utilising services or facilities provided by the Director in or in connection with a park, reserve or conservation zone, parking or stopping vehicles, mooring or landing vessels, landing aircraft, or using vehicles and vessels in parks and reserves. The application of these regulations extends across Commonwealth jurisdictions, ensuring a uniform approach to park management and charge enforcement throughout the country. Notably, the amendment replaces previous provisions concerning entrance stations and entry permits, which have become obsolete in light of the new charge-based regulatory framework. Non-compliance with the new charge payment requirement carries a penalty of $500, as stipulated in the updated regulations.
Key Provisions
The main operative sections of the amendment to the National Parks and Wildlife Regulations revolve around enforcing park use charges (reg. 2B). Specifically, it requires individuals who engage in activities for which a charge is payable, such as entering or using a park or reserve, to pay the charge when requested by a ranger or warden (subsection 17(1A)). This amendment reflects the legislative intent to ensure the effective enforcement of park use charges as stipulated in the National Parks and Wildlife Conservation Act 1975 (the Act) (s. 71). It effectively replaces the previous regulatory framework that involved entrance stations and entry permits with a system focused on direct payment of charges.
The obligations imposed by this amendment on the parties it governs include ensuring compliance with the new charge payment provisions. Individuals entering or using parks and reserves must pay the applicable charges when requested by a ranger or warden. This requirement is essential for the enforcement of park use charges and aims to streamline the process of accessing and using national parks and reserves by removing the need for entrance stations and permits. The amendment necessitates that all activities covered by the charge, such as parking, mooring vessels, landing aircraft, and using vehicles and vessels in parks and reserves, must be accompanied by the payment of the relevant charges as per the Director’s determination (subsection 17(1A)).
Failure to comply with the new charge payment requirements can result in significant consequences. The penalty for non-compliance is a substantial fine of $500. This penalty underscores the importance of adhering to the new regulations designed to ensure that park use charges are effectively enforced. It serves as a deterrent against non-compliance and reinforces the necessity for individuals to pay the charges when requested by authorised personnel. The strict enforcement of these provisions is vital to maintaining the integrity of the park use charge system and ensuring that the resources required for the maintenance and management of parks and reserves are adequately funded.