EXPLANATORY STATEMENT
STATUTORY RULES 1987 No. 226
NATIONAL PARKS AND WILDLIFE REGULATIONS (AMENDMENT)
(Issued under the authority of the Minister of State for the Arts, Sport, the Environment, Tourism and Territories)
The purpose of the National Parks and Wildlife Protection (Amendment) is to address concerns raised by the Senate Standing Committee on the Scrutiny of Bills, relating to the necessity for strict liability offences, reconsideration and review rights of persons on being notified of a primary decision, and identification cards for Police officers who are wardens “ex officio” under the Principal Regulations.
The amendments will also facilitate public awareness of the nature of the species in Schedule 1 of the Principal Regulations by reflecting the common name of the families and classes of animals included in it, and require persons to make an application to the Director for a permit to land fixed-wing and rotary-winged aircraft in parks or reserves.
Regulation 1 Formal. Provides interpretation.
Regulation 2 Amends existing Regulation 2B by inserting in subregulation (4) “except in an emergency”, after “not”.
Regulation 3 Amends existing Regulation 4 to provide that the offences in parks and reserves will arise only where there is no reasonable excuse defence.
Regulation 4 Amends existing Regulation 6 (offences relating to vehicles) by inserting in sub-regulations (1), (1A) and (2) “except in an emergency” after “not”.
Regulation 5 Amends existing Regulation 6A (grant of permits to land aircraft) to require a person to apply to the Director for a permit to land fixed-winged or rotary-winged aircraft.
Regulation 6 Amends existing Regulation 7 by inserting in subregulation (5) “knowingly” after “not” to provide that the offence of taking animals or plants into a park or a reserve will arise where there is no reasonable excuse defence. Sub-regulations (2) and (9) have not been amended as strict liability should remain in the case of the carriage of firearms and in the case of having dogs at large in a park or reserve where the Director has given his or her consent.
Regulation 7 Amends existing Regulation 7D to provide that the offence of defacing or damaging an archaeological site or removing an archaeological artefact from an archaeological site will arise only where there is no reasonable excuse defence.
Regulation 8 Amends existing Regulation 8A to provide that the offence of using a road or track which has been designated for the use of authorised persons only, will not arise in cases of an emergency.
Regulation 9 Amends existing Regulation 9 to provide that the offence of entering an area of water in which a declaration is in force under subregulation (1) will not arise in cases of an emergency.
Regulation 10 Amends existing Regulation 10 to provide that the offence of taking fish from waters in a park or reserve will not arise in cases of an emergency.
Regulation 11 Amends existing Regulation 16AI (offences relating to protected animals and plants) to provide that offences will occur only where there is no reasonable excuse defence. Commercial dealings, such as the sale or purchase of protected animals, will remain the subject of strict liability.
Regulation 12 Amends existing Regulation 16AK to provide that “written evidence of the fact that that person is a member of that police force” refers to the usual means of police identification when acting as wardens, in order to help secure the enforcement system and deter imposters.
Regulation 13 Amends existing Regulation 20D to provide for persons who are entitled to seek internal review of a decision, or who are obliged to seek a review before appealing to the Administrative Appeals Tribunal, to be advised of this right when being given notice of the decision.
Regulation 14 Amends existing Schedule 1 by including the common name of the families and classes referred to in it, to facilitate public awareness of the nature of the species listed.