Part 2629 Injuring or removing plants, animals, rocks and soil in or from public place
(1) A person who, without lawful excuse, wilfully or negligently injures, damages or unnecessarily disturbs any plant, animal, rock or soil in a public place is guilty of an offence.Maximum penalty: 20 penalty units.
(2) A person who, without lawful excuse, removes any plant, animal, rock or soil from a public place is guilty of an offence.Maximum penalty: 20 penalty units.
630 Breaking glass and other matter
(1) A person who, without lawful excuse, wilfully breaks a bottle, glass, glass receptacle or syringe in a public place is guilty of an offence.Maximum penalty: 10 penalty units.
(2) A person who, in a public place, throws, places or leaves any bottle, glass, glass receptacle, syringe, broken glass or other matter or thing likely to endanger the safety of or cause injury to any person or animal or damage to any vehicle or property is guilty of an offence.Maximum penalty: 10 penalty units.
(3) A person who:(a) breaks a bottle, glass, syringe or glass receptacle in a public bathing place under the control of the council, and(b) does not collect and remove all portions of the bottle, glass, syringe or glass receptacle either to a receptacle (if any) provided by the council for that purpose, or to a place beyond the public bathing place,is guilty of an offence.Maximum penalty: 10 penalty units.
631 Damaging, defacing or polluting public bathing place
A person who, in a public bathing place under the control of the council does any act which damages, defaces or pollutes the public bathing place or which is likely to damage, deface or pollute the public bathing place or anything relating to the public bathing place is guilty of an offence.Maximum penalty: 10 penalty units.
632 Acting contrary to notices erected by councils
(1) A person who, in a public place within the area of a council, fails to comply with the terms of a notice erected by the council is guilty of an offence.Maximum penalty: 10 penalty units.
(2) The terms of any such notice may relate to any one or more of the following:(a) the payment of a fee for entry to or the use of the place,(b) the taking of a vehicle into the place,(b1) the driving, parking or use of a vehicle in the place,(c) the taking of any animal or thing into the place,(d) the use of any animal or thing in the place,(e) the doing of any thing in the place,(f) the use of the place or any part of the place.(2A) However, a notice:(a) must not prohibit the drinking of alcohol in any public place, including any public road or car park, and accordingly a sign under section 632A or 644C is not a notice under this section, and(b) must not, except as provided by subsection (2B), prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of the Road Transport (General) Act 2005.Note. A council may establish alcohol prohibited areas under section 632A (relating to public places such as parks and beaches) and alcohol-free zones under Part 4 of this Chapter (relating to street drinking).(2B) A notice may prohibit the parking of a vehicle, for the purpose of offering the vehicle for sale, in a public place that is:(a) a road or road related area within the meaning of the Road Transport (General) Act 2005, and(b) in the City of Sydney area or other area (or part of an area) prescribed by the regulations.(3) The terms of a notice referred to in this section may:(a) apply generally or be limited in their application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind,or may do any combination of those things.
632A Confiscation of alcohol in certain public and other places
(1) A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol prohibited area if the officer has reasonable cause to believe that the person:(a) is drinking, or(b) is about to drink, or(c) has recently been drinking,alcohol in the alcohol prohibited area.(2) Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited:(a) if seized by a police officer—to the State, or(b) if seized by an enforcement officer—to the council that employs the officer.(3) Any alcohol seized under this section may:(a) be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or(b) be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).(4) A council may declare any public place (or any part of a public place) in the council’s area to be an alcohol prohibited area for the purposes of this section. However, an alcohol prohibited area cannot be established in relation to a public place that is a public road (or part of a public road) or car park.Note. Alcohol-free zones can be established under Part 4 of this Chapter in relation to public roads or car parks.(5) For the purposes of subsection (4), a public place includes any land comprising open space on public housing land. However, an alcohol prohibited area can only be established in relation to any such land if:(a) the open space is adjacent to an existing alcohol prohibited area (other than an alcohol prohibited area situated on public housing land) or alcohol-free zone, and(b) the open space is a common area (other than a common area within the curtilage of any building) that is available to the public housing tenants, and(c) people can readily gain access to the open space from the adjacent alcohol prohibited area or alcohol-free zone, and(d) the New South Wales Land and Housing Corporation has approved of the open space being established as an alcohol prohibited area.(6) An alcohol prohibited area operates, in accordance with the terms of the declaration establishing the area, during such times or events as are specified in the declaration.(7) An alcohol prohibited area operates only so long as there are erected at the outer limits of the area, and at suitable intervals within the area, conspicuous signs:(a) stating that the drinking of alcohol is prohibited in the area, and(b) specifying the times or events, as specified in the declaration by which the area was established, during which it is to operate.(8) An alcohol prohibited area cannot be established without the approval of the Local Area Commander of Police for the area in which the proposed alcohol prohibited area is situated.(9) If a council is required by the guidelines in force under section 646 to provide the Anti-Discrimination Board with a copy of the council’s proposal to establish an alcohol-free zone, the council cannot establish an alcohol prohibited area unless the council has complied with the consultation requirements set out in those guidelines.(10) For the purposes of subsection (9), the guidelines in force under section 646 apply, with such modifications as are necessary, in relation to a proposed alcohol prohibited area in the same way as they apply in relation to a proposed alcohol-free zone.(11) An alcohol prohibited area is taken to have been established for the public place to which an existing alcohol prohibition notice applies. An existing alcohol prohibition notice is a notice erected under section 632, and in force immediately before the commencement of the Local Government Amendment (Confiscation of Alcohol) Act 2010, prohibiting the drinking of alcohol in a public place.(12) In this section:enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purposes of this section.
public housing land means any land on which public housing within the meaning of the Housing Act 2001 is situated.
633 Bathing (including nude bathing) and other water-based recreational activities
(1) A person who, in a place being:(a) a public bathing place under the control of a council, or(b) a river, watercourse or tidal or non-tidal water, or(c) the sea adjacent to (although outside) an area, or(d) a public place adjacent to any of those places,fails to comply with the terms of a notice erected by the council is guilty of an offence.Maximum penalty: 10 penalty units.
(2) A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection (1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.Maximum penalty: 10 penalty units.
(3) A council may erect a notice:(a) on land vested in or under the control of a council, or(b) on any other land, with the consent of the person who owns or controls the land.(4) The terms of a notice referred to in this section may relate to one or more of the following:(a) the conduct and costume of the bathers in the place,(b) the use of the place (or any part of the place open to public view) for the purposes of nude bathing,(c) the use of water-based recreational equipment in the place.(4A) However, a notice referred to in this section cannot prohibit:(a) the use of a designated beach for the purposes of nude bathing, or(b) a person from otherwise being in the nude at a designated beach.(4B) Accordingly, any such notice (whether erected before or after the commencement of the Local Government Amendment (Nude Bathing) Act 1996) that purports to prohibit the use of a designated beach for the purposes of nude bathing, or that purports to prohibit a person from otherwise being in the nude at a designated beach, has no effect on or after that commencement.(4C) A notice referred to in this section cannot prohibit or regulate the use of any waters by a vessel (within the meaning of the Ports and Maritime Administration Act 1995):(a) in the case of a notice erected after the commencement of this subsection—unless the Minister administering that Act has consented to the erection of that notice, or(b) in the case of a notice erected before that commencement—if the Minister administering that Act has directed the council to remove the notice.(5) The terms of a notice referred to in this section may:(a) apply generally or be limited in their application by reference to specified exceptions or factors, or(b) apply differently according to different factors of a specified kind,or may do any combination of those things.(6) In this section:designated beach means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach):
Lady Bay (Lady Jane) Beach
Cobblers Beach
Obelisk Beach
Werrong Beach
Samurai Beach
633A Use of skateboards, roller blades and roller skates
A person who, in a public place, uses skating equipment so as to obstruct, annoy, inconvenience or cause danger to any other person in that place is guilty of an offence.Maximum penalty: 10 penalty units.
633B Part not to apply to National Park reserves
This Part (section 633 excepted) does not apply to land within a National Parks and Wildlife reserve or land within a State forest or flora reserve within the meaning of the Forestry Act 1916.
633C Part not to affect roads and traffic functions under other Acts
The provisions of this Part:(a) do not limit or restrict the operation of the road transport legislation with respect to roads or road related areas within the meaning of the Road Transport (General) Act 2005 or the Roads Act 1993 with respect to public roads, and(b) do not authorise the erection of any device if the erection of any such device is inconsistent with a function exercisable under the Road Transport (Safety and Traffic Management) Act 1999 with respect to roads or road related areas within the meaning of that Act or under the Roads Act 1993 with respect to public roads.