Protection of Lands By-laws 1929 (Amendment)

Overview

The Statutory Rules 1930, No. 79, made under the Seat of Government (Administration) Act 1910 and the Seat of Government (Administration) Act 1930, introduces amendments to the Protection of Lands By-laws, specifically altering the fees for permits related to the removal of substances. Enacted by the Governor-General in Council, this regulation aims to update and streamline the fee structure for permits issued for the removal of substances, addressing the need to adjust the fees to reflect current economic conditions and the practicalities of land management within the seat of government. This legislative instrument serves to ensure that the administration of land use and resource extraction within the federal capital remains efficient and properly regulated.

Scope and Application

The Seat of Government (Administration) Regulations 1930, made under the Seat of Government (Administration) Act 1910 and the Seat of Government (Administration) Act 1930, apply to any person or entity wishing to take substances from land within the Seat of Government, which includes the Australian Capital Territory and its surrounding areas. The regulations specifically concern the fees payable for permits required to remove materials such as soil, sand, or gravel from designated lands. These regulations establish the charges for different durations of permits, ranging from one week to three months, and are intended to manage and regulate the extraction activities in the specified regions. The application of these regulations is confined to the territories governed by the Seat of Government Acts and does not extend to other states or territories within Australia. While the regulations do not explicitly mention exclusions or exemptions, the fees structure implies a distinction based on the duration of the permit required, effectively managing the extraction activities within the administrative jurisdiction of the Seat of Government.

Key Provisions

The main operative sections of these regulations, as they pertain to the amendment of the Protection of Lands By-Laws, are detailed in By-law 7. Section (7) of the by-law sets out the fees payable for permits required to take substances from designated lands. Specifically, the regulation specifies that the fee for a permit valid for one week is five shillings. For a permit valid for one month, the fee is one pound. Additionally, for a permit valid for three months, starting on the 1st of January, 1st of April, 1st of July, or the 1st of October in any given year, the fee is two pounds and ten shillings. This structured fee schedule is designed to accommodate different durations of land use, providing options for short-term and longer-term needs. The regulations impose specific obligations and requirements on parties seeking to obtain permits for the removal of substances from designated lands. The primary obligation is the payment of the specified fees as outlined in By-law 7. Parties must ensure they comply with the fee structure, which varies based on the duration of the permit sought. This requirement ensures that the administrative process is transparent and that the fees are proportionate to the duration of land use, thereby supporting the sustainable management of the lands in question. Failure to comply with the regulations regarding permit fees can result in various civil and criminal consequences. While the specific penalties for non-compliance are not detailed in the text, it is reasonable to infer that breaches of the fee payment obligations could lead to enforcement actions under the Seat of Government (Administration) Act 1910 and the Seat of Government (Administration) Act 1930. These actions might include fines or other administrative penalties designed to ensure adherence to the regulatory framework. Additionally, persistent non-compliance could potentially lead to more severe legal consequences, including prosecution under criminal law, depending on the nature and extent of the breach.