Part 2 Regulation of use of parks
Division 1 Regulation by notices or direction
4 Regulation by public or other notice
(1) A park authority may do any of the following by means of notices displayed in, or at the boundary of, the park or part of the park to which the notices relate or by means of written notices given to park users:(a) designate points of entry to the park,(b) close the park, or any part of the park, to the public,(c) reserve the park, or any part of the park, for a particular use or for the use of particular persons or bodies or a particular sector of the public,(d) impose fees and charges on persons (whether on foot or driving vehicles, horses or camels) entering or using the park, any part of the park or any facilities in the park and on persons driving vehicles, horses or camels who enter or use any public or other road traversing the park,(e) regulate or prohibit the use of any facilities in the park or the carrying out of activities (including driving vehicles, horses or camels or operating or mooring vessels) in the park,(f) grant any consent that is required by this Regulation in relation to the use of the park,(g) impose conditions, including conditions relating to the payment of fees or charges, on persons (whether on foot or driving vehicles, horses or camels) entering or using the park, any part of the park or any facilities in the park,(h) impose conditions relating to the payment of fees or charges by persons driving vehicles, horses or camels who enter or use any public or other road traversing the park,(i) prohibit the collection of deadfalls of timber in the park.(2) A person must not:(a) enter any park or part of a park that is closed to the public in accordance with this clause, or(b) remain, or leave a vehicle parked, in any park or part of a park after the time that it is closed to the public in accordance with this clause, or(c) enter any park or part of a park that is reserved for the use of particular persons or bodies or for a particular sector of the public in accordance with this clause unless the person is a person, or belongs to a body or sector of the public, for whose use it is reserved, or(d) use any park or part of a park for a use other than that for which it is reserved, or(e) enter or use any park or part of a park or any public or other road traversing a park without paying any fee or charge that is imposed in that regard in accordance with this clause, or(f) use any facilities in a park or carry out any activity (including driving a vehicle, horse or camel) in a park in contravention of the terms of a notice under this clause, or(g) enter or use any park, any part of a park, any facilities in a park or any public or other road traversing a park otherwise than in accordance with any conditions imposed in accordance with this clause, or(h) collect deadfalls of timber in the park in contravention of the terms of a notice under this clause.Maximum penalty: 30 penalty units.
(3) A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.(4) A park authority may waive payment by any person or class of persons of any fee or charge imposed under this clause.
(1) A park authority may issue an oral direction to a park user in relation to any of the following:(a) points of entry to the park to be used by the park user,(b) the closing of the park, or any part of the park, to the park user,(c) reserving the park, or any part of the park, for a particular use or for the use of particular persons or bodies or a particular sector of the public,(d) the regulation or prohibition of the use of any facilities in the park or the carrying out of activities (including driving vehicles, horses or camels) in the park,(e) the granting of any consent that is required by this Regulation in relation to the use of the park,(f) the imposition of conditions, including conditions relating to the payment of fees or charges, on the park user (whether on foot or driving vehicles, horses or camels) entering or using the park, any part of the park or any facilities in the park,(g) the regulation or prohibition of the collection of deadfalls of timber in the park.(2) A park user to whom such a direction is given must comply with the direction.Maximum penalty: 30 penalty units.
(3) A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in compliance with a direction under this clause.
Division 2 Regulation of traffic
(1) A person must not drive a vehicle into a park otherwise than on a road leading into or traversing the park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject.
7 Use of vehicles, camels, horses, vessels and machines in parks
(1) A person must not do any of the following in a park:(a) operate, drive or use any vehicle (other than a motor car, motor omnibus, motor truck, motor cycle, motor scooter, bicycle or other human powered wheeled vehicle, quadbike, disability assistance aid or horse drawn carriage),(b) operate, drive, use or have within the person’s possession an oversnow vehicle,(c) drive or park a vehicle that does not clearly display a valid pass for entry into the park,(d) drive or park a vehicle that is not registered,(e) drive or park a vehicle that does not display a valid registration label,(f) drive or park a vehicle that has no number-plate or registration plate or that has its number-plate or registration plate covered or obscured,(g) drive a vehicle, camel or horse, or tether a camel or horse, otherwise than on a road, track, trail or way, or in an area, set aside for that purpose,(h) drive a vehicle, camel or horse in a dangerous or reckless manner,(i) park a vehicle otherwise than in an area set aside for the parking of vehicles,(j) operate or use a vessel on any waters on which the operation or use of such a vessel is prohibited,(k) operate or use a vessel in such a manner as to cause a nuisance or endanger the safety of other users of the park,(l) operate or use a vessel in a commercial operation,(m) tie a vessel by any means to any vegetation,(n) moor a vessel otherwise than in an area set aside for the mooring of vessels,(o) operate or use any heavy or noisy machinery,(p) park a vehicle in a way so as to obstruct the use of a road, track or trail by any other vehicle, or endanger the safety of other park users, or damage or destroy any vegetation.Maximum penalty: 30 penalty units.
(2) A person must not drive or park a vehicle on a road, track, trail or way or in an area in a park if:(a) a gate, barrier or similar device is positioned, or an obstruction has been created by any means, in such a way as to restrict or obstruct vehicular access to the road, track, trail, way or area, or(b) vehicular access to a road, track, trail, way or area is restricted or obstructed in any other way.Maximum penalty: 30 penalty units.
(3) A person must not drive a vehicle so as to cause damage to any road, track, trail, way or area in a park if vehicular access to the road, track, trail, way or area has been prohibited or restricted by the park authority in any way.Maximum penalty: 30 penalty units.
(4) A person must not:(a) open, damage or destroy any gate, barrier or similar device in a park, or(b) remove, shift, damage or destroy any obstruction that has been positioned or created, by any means, so as to restrict or obstruct vehicular access to any road, track, trail, way or area in a park.Maximum penalty: 30 penalty units.
(5) A person does not commit an offence under this clause for anything done with the consent of a park authority and in accordance with any conditions to which the consent is subject.(6) A person does not commit an offence under subclause (1) (i) if no area has been set aside for parking, and the person parks a vehicle on a road, track or trail in such a way as not to obstruct the use of the road, track or trail by other vehicles, or endanger the safety of other park users, or damage or destroy any vegetation.(7) In this clause:horse means any animal of the genus Equus, including an ass.
number-plate means a number-plate issued:
(a) under the Road Transport (Vehicle Registration) Act 1997, or(b) by a competent authority of another jurisdiction.registered means registered:
(a) under the Road Transport (Vehicle Registration) Act 1997, or(b) by a competent authority of another jurisdiction, or(c) in New South Wales under the Interstate Road Transport Act 1985 of the Commonwealth.registration plate means a registration plate issued:
(a) under the Recreation Vehicles Act 1983, or(b) by a competent authority of another jurisdiction.vessel includes a boat, surf board, boogie board, wind surfer, wave jumper, sail board, raft, kayak, canoe, dinghy, jet ski and the like.
Division 3 Regulation of conduct generally
(1) An authorised officer may direct a person to leave a park or any part of a park if, in the opinion of the authorised officer, the person:(a) is trespassing, or(b) is causing annoyance or inconvenience to any other person in the park, or(c) has committed an offence under the Act or this Regulation.(2) A person to whom such a direction is given must comply with the direction.Maximum penalty: 30 penalty units.
(3) An authorised officer may remove from a park, or any part of a park, any person who fails to comply with a direction under this clause and any vehicle, vessel, animal or other property in the possession of the person.(4) A person who has been given a direction under subclause (1), or who has been removed from a park under subclause (3), must not re-enter the park for a period of 24 hours after the direction was given or after he or she was removed from the park, whichever is later.Maximum penalty: 30 penalty units.
(5) A person does not commit an offence under subclause (4) by doing or omitting anything with the consent of an authorised officer and in accordance with any conditions to which that consent is subject.(6) In this clause:authorised officer, in relation to a park, means:
(a) an officer or employee of the National Parks and Wildlife Service, or(b) a person who is authorised by the park authority to exercise the powers conferred by this clause, or(c) a police officer.
9 Taking and keeping of animals in parks
(1) A person must not:(a) take into or release an animal in a park or onto any public or other road traversing a park, or(b) place or keep an animal in a park or on any public or other road traversing a park, or(c) have charge, possession or control of an animal in a park or on any public or other road traversing a park, or(d) fail to prevent an animal of which the person has charge, possession or control from entering a park or entering onto any public or other road traversing a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause:(a) if the animal is an assistance animal, or(b) if a person takes an animal into a park or onto any public or other road traversing a park, in accordance with and subject to any conditions stated in a plan of management for a park, unless a notice erected in the park or given to the person prohibits the taking of animals into the park or any part of the park to which the plan of management relates, or(c) for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(3) Nothing in this clause prevents a park authority for a regional park from prohibiting the things referred to in subclause (1) by means of notices displayed in accordance with this Regulation.(4) In this clause:assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth.
park does not include a regional park.
(1) A person must not camp in a park except in an area set aside for camping.Maximum penalty: 30 penalty units
(2) A person must not camp in a park:(a) for a continuous period of more than 21 days, or(b) if a different maximum number of days is set out in a plan of management for the park but not in any notice erected in the park or given to the person—for more than the maximum number of days for camping in the park set out in the plan of management, or(c) if a different maximum number of days is set out in a notice erected in the park or given to the person—for more than the maximum number of days set out in the notice.Maximum penalty: 30 penalty units.
(3) A person must not permanently reside in a park.Maximum penalty: 30 penalty units.
(4) A person does not commit an offence under this clause:(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or(b) if a plan of management for a park makes provision for camping otherwise than by setting aside an area for camping—the person camps in the park in accordance with the plan of management, or(c) if there is no plan of management for the park—the person camps in a non-designated camping area if that area is more than 1 kilometre from any designated camping area, car parking area or picnic area or from a road, track or trail designated for vehicular use by the public.(5) A person does not commit an offence under subclause (3) if the person has been granted a lease or licence by the Minister under the Act that allows the person to reside in the park.(6) Despite subclause (4) (b) and (c), a person must not camp in a park if a notice erected in the park or given to the person prohibits camping in the park or any part of the park.Maximum penalty: 30 penalty units.
(7) In this clause:camp means reside temporarily (whether or not in a tent, caravan, cabin, vehicle, trailer or other structure) or use any part of a park for the purpose of camping.
(1) A person must not:(a) deposit or leave any litter in a park except in an area or receptacle provided by the park authority for that purpose, or(b) if no area or receptacle for litter is provided by the park authority—fail to remove from the park all litter taken into or created by the person in the park, or(c) deposit or leave any waste in a park, or(d) deposit, discharge or leave in a park any offal, filth, dung or dead animal or any noisome, noxious, offensive or polluting substance, matter or thing, or(e) wilfully break any article of glass, china, pottery or plastic in a park, or(f) write or paint or otherwise mark or affix any bill, notice or advertisement on or to, or deface by painting, carving, scratching or any other means, or damage, destroy, remove or interfere with, any fixture, improvement, rock, tree, equipment, water supply or Aboriginal object in a park, or(g) deposit, leave or abandon a vehicle or part of a vehicle in a park, or(h) interfere with, dig up, cut up, collect or remove for any purpose any soil, sand, gravel, clay, rock, ochre, mineral, timber (whether or not consisting of or including dead timber), gum resin, humus or other natural substance or object in a park, whether on land or on or under water, or(i) dam, divert or pollute the water in any waters or water tank in a park, or(j) carry or possess any soil, sand, gravel, clay, rock, ochre, mineral, timber (whether or not consisting of or including dead timber), gum resin, humus or other natural substance or object in a park, or(k) carry, possess or use any spray cans of paint, or any bolt cutters, oxy-acetylene equipment, angle grinder or other cutting equipment in a park, or(l) possess or have custody of any key or other similar device that is capable of opening any lock or other device securing a gate or barricade located in a park, or(m) discharge stormwater into a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted:(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of:(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979), or(b1) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41 (4) of the Snowy Hydro Corporatisation Act 1997, or(c) if the act or omission was authorised by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.(3) A person does not commit an offence under subclause (1) (j) if the substance or object referred to in that paragraph:(a) was obtained by the person from a person authorised to sell such substances or objects or from an area outside a park, or(b) is firewood:(i) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or(ii) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park.(3A) However, for the avoidance of doubt, subclause (3) (b) (ii) does not permit a person to collect deadfalls of timber for firewood in contravention of a notice (as referred to in clause 4) or an oral direction (as referred to in clause 5).(4) A person does not commit an offence under subclause (1) (k) merely because the person carries or possesses any object referred to in that subclause on a road traversing a park if the person does not stop in the park.(5) For the purposes of subclause (1) (c), waste includes the following:(a) rubbish and refuse,(b) marine craft, aircraft and parts of them,(c) household effects, appliances and materials,(d) clothing,(e) agricultural, building, commercial and industrial materials,(f) machinery, plant and equipment and parts of them,(g) chemicals, minerals and metals,(h) vegetable matter,(i) stone, sand, shells, clay, earth and ash,(j) radioactive material.(6) In this clause:divert includes extract water (whether by means of a pump or not) otherwise than pursuant to, and in accordance with the conditions of, a water licence issued under Division 3 of Part 2 of the Water Act 1912 by a competent authority.
(1) A person must not in a park:(a) carry, lay or set any trap, snare or poison, or drop from an aircraft or otherwise deposit any poison bait or poisonous chemical substance, or(b) hunt, shoot, poison, net, spear, pursue, interfere with, injure, hurt, capture, destroy, trap or snare, or have in the person’s possession, an animal, or(c) take any animal’s nest or egg, or interfere with any animal’s nest or egg or habitation or resting place or any beehive, or(d) set any trap or net for fish in any waters, or have in the person’s possession any fish trap or fishing net other than a landing net, or(e), (f) (Repealed)(g) feed any animal.Maximum penalty: 30 penalty units.
(1A) A person must not in a park or on any public or other road traversing a park:(a) carry, possess or use a spiked collar, a breast plate or radio tracking equipment for use on any dog, or(b) have under the person’s control any dog on which a spiked collar, a breast plate or radio tracking equipment is carried.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(3) A person does not commit an offence under this clause in relation to netting or trapping if that netting or trapping is authorised under or by the Fisheries Management Act 1994.(4) In this clause, interfere with includes brand, chase, harass, herd, mark and tag.
(1) A person must not in a park:(a) behave in a disorderly manner or use insulting or offensive language or commit a nuisance or act of indecency or cause annoyance or inconvenience to other persons, or(b) use, or be affected by, any prohibited drugs (within the meaning of the Drug Misuse and Trafficking Act 1985), or(c) drive, ride, operate or use any machinery, plant, radio, television, cassette player, compact disc player, record player or other equipment for relaying music or sound, or any vehicle, vessel or aircraft (including any model vehicle, vessel or aircraft) in a manner likely to interfere with or cause a nuisance to any person or animal.Maximum penalty: 30 penalty units.
(2) A person must not ride or use a skate board, roller skates, bicycle, scooter or other means of conveyance (other than a disability assistance aid) on a track, trail or way, or in an area, set aside in a park for pedestrian traffic only.Maximum penalty: 30 penalty units.
(3) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.
(1) A person must not in a park:(a) light, maintain or use a fire:(i) if there are fireplaces designated for that purpose by a park authority—elsewhere than in such a fireplace, or(ii) if there are no fireplaces designated for that purpose—elsewhere than in a temporary fireplace situated at least 4.5 metres from any log or stump and at least 1.5 metres from any other flammable material, or(iii) in any case—in contravention of a notice erected or displayed or given to a park user by a park authority regulating the use of fire in the park, or(iv) when a total fire ban has been imposed under the Rural Fires Act 1997, or(b) leave unattended, whether temporarily or otherwise, any fire that the person has lit, maintained or used before the fire is thoroughly extinguished, or(c) fail to call for help to control or extinguish a fire that the person has lit, maintained or used and that is beyond the person’s power to control or extinguish, or(d) handle any inflammable substance (such as petrol, matches or cigarettes) in a manner that is likely to cause a fire in the park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(3) A person does not commit an offence under subclause (1) (a) (iv) by doing anything authorised by or under the Rural Fires Act 1997.
(1) A person must not deposit or leave any bone, shell, charcoal, stone or wood within an Aboriginal area or Aboriginal place.Maximum penalty: 30 penalty units.
(2) A person must not within any Aboriginal area or Aboriginal place have in the person’s possession:(a) any chalk, paint or other colouring substance, matter or thing, or(b) any sieve, spade, shovel, fork, mattock, pick, bar, axe, chisel, hammer or similar implement.Maximum penalty: 30 penalty units.
(3) A person must not in a park:(a) use any metal detector or other apparatus for detecting any metal or metal object, or(b) touch or interfere with or do anything that may cause or assist the mutilation or destruction of any Aboriginal object, or(c) take any rubbing, latex peel or impression by whatever means of any Aboriginal object, or(d) interfere with or remove or assist in the removal of any deposit, object or material evidence relating to the settlement or occupation of New South Wales or a part of New South Wales (not being Aboriginal settlement or occupation) if the deposit, object or material evidence is more than 25 years old at the date of the interference or removal, or(e) deposit or leave any Aboriginal object in a park.Maximum penalty: 30 penalty units.
(4) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(5) A person does not commit an offence under subclause (3) (d) if the interference or removal occurred in a ski resort area in Kosciuszko National Park and was necessary for the carrying out of:(a) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or(b) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979.(6) A person does not commit an offence under subclause (3) (d) if the interference or removal occurred in a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41 (4) of the Snowy Hydro Corporatisation Act 1997.
(1) A person must not:(a) erect, alter, extend or occupy any building in a park, or(b) install, use or occupy a moveable dwelling in a park, or(c) construct, operate or use any structure, installation, engineering work, plant, equipment, amusement device, fixture or improvement in a park, or(d) erect a hoarding or notice, or exhibit any commercial or political advertising matter, sign, bill or poster, in a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted:(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of:(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979), or(c) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41 (4) of the Snowy Hydro Corporatisation Act 1997.(3) A person does not commit an offence under subclause (1) (b) if the person camps in a manner that is not prohibited by clause 10.(4) In this clause, moveable dwelling means any tent or any caravan or other van or other portable device (whether on wheels or not), used for human habitation.
(1) A person must not:(a) gather, pluck, pull up, poison, take, dig up, cut, fell, remove, damage or destroy any vegetation in a park, or(b) have any vegetation in the person’s possession in a park, whether for removal or otherwise, or(c) introduce any exotic vegetation into a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted:(a) with the consent of a park authority and in accordance with any conditions to which the consent is subject, or(b) if the act or omission occurred in or in relation to a ski resort area in Kosciuszko National Park and was necessary for the carrying out of:(i) development in accordance with a development consent (within the meaning of the Environmental Planning and Assessment Act 1979), or(ii) an activity, whether by or pursuant to an approval of a determining authority, if the determining authority has complied with Part 5 of the Environmental Planning and Assessment Act 1979), or(b1) if the act or omission occurred in or in relation to a place in Kosciuszko National Park (other than a ski resort area) and was necessary for the carrying out of development in accordance with a development consent that is taken to have been granted to Snowy Hydro Limited under section 41 (4) of the Snowy Hydro Corporatisation Act 1997, or(c) if the act or omission was authorised by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.(3) A person does not commit an offence under subclause (1) (b) if the person has in his or her possession vegetation (including firewood) that was lawfully obtained from outside the park.(4) A person does not commit an offence under this clause by using firewood:(a) that has been provided at established visitor use areas in the park where the burning of fires is permitted, or(b) that comes from deadfalls of timber, if timber is not provided at established visitor use areas in the park.(4A) However, for the avoidance of doubt, subclause (4) (b) does not permit a person to collect or use deadfalls of timber for firewood in contravention of a notice (as referred to in clause 4) or an oral direction (as referred to in clause 5).(5) In this clause:vegetation means the whole or part of any tree, shrub, fern, creeper, vine, palm, plant or seed, whether alive or dead.
(1) A person must not remove any beehive from, or place any beehive in, a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.
(1) A person must not in a park:(a) unless the person is a police officer—carry or discharge or have in the person’s possession any firearm within the meaning of the Firearms Act 1996 or prohibited weapon within the meaning of the Weapons Prohibition Act 1998, or(b) carry or discharge or have in the person’s possession any airgun, speargun or other lethal weapon, or(c) carry or use or have in the person’s possession any explosive, flare or firework, or(c1) unless the person is a police officer—carry or use or have in the person’s possession any ammunition, or(d) throw or propel by any means any object likely to cause damage or injury to any person, animal or thing, or(e) without reasonable excuse, carry, use, possess or have custody of a knife in a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(3) For the purposes of subclause (1) (e), a person has a reasonable excuse to carry, use, possess or have custody of a knife if:(a) the possession or custody is reasonably necessary in all the circumstances for any of the following:(i) the preparation or consumption of food or drink,(ii) participation in a lawful entertainment, recreation or sport,(iii) the wearing of an official uniform, or(b) the possession or custody is reasonably necessary in the circumstances during travel to or from or incidental to an activity referred to in paragraph (a).(4) For the purposes of subclause (1) (e), it is not a reasonable excuse for a person to have possession or custody of a knife, or to carry or use a knife, solely for the purpose of self defence or the defence of another person.(5) A person does not commit an offence under subclause (1) (b) if the person carries or possesses an unloaded speargun in a park, unless a plan of management for a park or a notice erected in the park or given to the person prohibits the carrying or possession of a speargun (whether loaded or unloaded) in a park or any part of the park.(6) A person does not commit an offence under subclause (1) (c) if the flare is carried in a boat as a part of the boat’s safety equipment as required by or under any other Act or when used as a distress signal.(7) In this clause, unloaded speargun means:(a) an assembled rubber powered speargun that does not have the shaft engaged in the trigger mechanism and the rubbers stretched and engaged in the shaft, or(b) in the case of a pneumatic, spring or gas powered speargun—one that does not have the spear shaft located within the barrel of the speargun.
(1) A person must not in a park:(a) sell or hire, attempt to sell or hire, expose for sale or hire or solicit for sale or hire any article, thing or service to any person, or(b) conduct, or assist in the conduct of, any amusement, entertainment, instruction, performance or activity for money or other consideration of any kind, or(c) compete with or hinder the commercial operations of any person, business or corporate body possessing a lease, licence, occupancy or franchise from the Minister or the Director-General for a specific purpose or purposes, or(d) take any photograph, video, movie or television film for sale, hire or profit.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.
21 Sporting, recreational and other activities
(1) A person must not in a park:(a) conduct or take part in any sporting activity that forms part of an organised competition or tournament, or(b) organise, attend or participate in any concert, public meeting, function, demonstration or gathering involving more than 40 persons or such other number of persons as is stated in a plan of management for the park, or stated in a notice erected in the park or given to a park user, whichever is the lesser, or(c) organise, attend or participate in any group activity involving more than 40 persons, or such other number of persons as is stated in a plan of management for the park, or stated in a notice erected in the park or given to a park user, whichever is the lesser, any manoeuvre whether of a military, naval, aerial nature or otherwise, any course of training or any similar activity, or(d) engage in any activity or recreational pursuit that involves risking the safety of the person or the safety of other persons or damaging the environment.Maximum penalty: 30 penalty units.
(2) Without limiting the generality of subclause (1) (d), the activities and recreational pursuits to which that paragraph applies include abseiling, base jumping, bungy jumping, rock climbing, caving, parachuting, white water boating, paragliding, parasailing and hang gliding.(3) A person does not commit an offence under this clause:(a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or(b) if a plan of management for a park makes provision for the undertaking of an activity in the park, the person undertakes the activity in the park in accordance with the plan of management, or(c) if there is no plan of management for a park, the person undertakes an activity in a park in accordance with a notice erected in the park or given to the person which permits the undertaking of the activity in the park.(4) Despite subclause (3) (b), a person must not undertake an activity in a park if a notice erected in the park or given to the person prohibits the undertaking of the activity in the park or any part of the park.Maximum penalty: 30 penalty units.
(1) A person must not carry out any kind of research in a park.Maximum penalty: 30 penalty units.
(2) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.
(1) A person must not enter or remain in a cave in a park except with the consent of the park authority.Maximum penalty: 30 penalty units.
(2) A person must not in a park:(a) exhibit a number or other identifying mark in or near a cave in a manner that suggests that the number or mark has been allocated to identify the cave, or(b) carry out any excavation, or use any explosive, in or in the vicinity of a cave, or(c) use any string or other thing for the purpose of laying a track in a cave, or(d) remove from a cave:(i) any rocks, soil, sand, stone or other similar substances, or(ii) any flora or fauna, or(iii) any equipment, or(e) interfere with any equipment in a cave, or(f) smoke any substance or any cigar, cigarette, pipe or other device in a cave, or(g) light a fire in a cave, or(h) leave any equipment in a cave whether or not the person intends to return to the cave, or(i) urinate or defecate in a cave, or(j) damage any speleothems in a cave, or(k) vandalise any cave, or(l) interfere with, dig or disturb in a cave or remove from a cave any Aboriginal objects.Maximum penalty: 30 penalty units.
(3) A person does not commit an offence under this clause for anything done or omitted with the consent of a park authority and in accordance with any conditions to which the consent is subject.(4) A person does not commit an offence under subclause (2) (c) if the person is authorised to enter a cave and lays a track as a temporary safety measure and removes the track when the person leaves the cave.
24 Interference with park management
A person must not:(a) destroy, damage or remove any thing that is being used or intended to be used by the park authority for the suppression or destruction of any animals in a park, or(b) interfere with any thing that is being used or intended to be used by the park authority for the suppression or destruction of any animals in a park in a manner that is likely to impair its effectiveness, or(c) remove, relocate, damage, destroy or obscure by any means any sign or notice that has been erected or displayed in a park by a park authority or that has been erected or displayed in a park with the consent of the park authority, or(d) interfere with or obstruct any action taken by a park authority for the purpose of the care, control and management of the park, or(e) attempt to do any of the things referred to in paragraphs (a)–(d).Maximum penalty: 30 penalty units.
25 Use of snow chains in Kosciuszko National Park
(1) A person travelling by motor vehicle on any designated snow/ice risk road within Kosciuszko National Park at any time on or after 1 June and before 11 October in any year must carry snow chains suitable for use on the tyres of the motor vehicle.Maximum penalty: 30 penalty units.
(2) A person travelling by motor vehicle within Kosciuszko National Park between 1 June and 10 October in any year must use snow chains on the tyres of the motor vehicle when directed to do so by an authorised officer or by a notice erected in the park or given to the park user.Maximum penalty: 30 penalty units.
(3) In this clause:authorised officer, in relation to a park, means:
(a) an officer or employee of the National Parks and Wildlife Service, or(b) a person who is authorised by the park authority to exercise the powers conferred by this clause, or(c) a police officer.designated snow/ice risk road means a road on which there is a sign, erected by or on behalf of the Director-General, requiring snow chains to be carried on the road.
motor vehicle does not include a four-wheel drive vehicle.
Division 4 Mooring vessels within Ku-ring-gai Chase National Park
In this Division:Cowan Water includes all tributaries of Cowan Water within the boundaries of the Ku-ring-gai Chase National Park.
licence means a licence issued by the Minister or Director-General to permit occupation for the purpose of placing a mooring.
public mooring means a mooring set up by the Director-General.
set up a mooring includes erect, construct or lay down a mooring.
vessel means any boat, yacht, cruiser, houseboat, barge or other floating craft used for the conveyance of persons or things that has been, or is required to be, registered by the relevant authority, but does not include a raft, kayak, canoe, dinghy or other small floatation device.
(1) The Director-General may grant licences for marinas and moorings in Cowan Water, subject to any terms and conditions that may be imposed by the Director-General.(2) The Director-General may revoke, or vary the terms of, any such licence.(3) Except as authorised by a licence, a person must not set up a marina or mooring in Cowan Water.Maximum penalty: 30 penalty units.
(4) The Director-General may direct a person by whom an unlicensed marina or mooring has been set up or used to remove the mooring.(5) Such a direction may be given to the person to whom it is addressed personally or by leaving it on, or attaching it to, the marina or mooring.(6) A person to whom such a direction is given must not fail to comply with the direction.Maximum penalty: 30 penalty units.
(7) The Director-General may remove from Cowan Water:(a) any unlicensed mooring or marina, or(b) any mooring or marina that has been abandoned or has become submerged, come adrift or fallen into a state of disrepair, or(c) any part of a mooring or marina that has become separated from the mooring or marina or that constitutes, in the opinion of the Director-General, a danger, hazard, impediment or menace to the use of Cowan Water.(8) The Director-General may, in any court of competent jurisdiction, recover the cost and expenses:(a) incurred as a result of a removal authorised by subclause (7) (a)—from the person by whom the unlicensed mooring or marina was set up, or(b) incurred as a result of a removal authorised by subclause (7) (b) or (c)—from the current licensee or (if the licence is no longer in force) the previous licensee.(9) This clause does not apply to a public mooring.(10) For the purposes of this clause, a marina or mooring is unlicensed if:(a) no licence has been issued in relation to it, or(b) a licence has been issued in relation to it subject to terms and conditions that have not been met.
(1) A person must not moor a vessel on any part of Cowan Water otherwise than:(a) at a public mooring, or(b) at a mooring in respect of which the person:(i) is the licensee, or(ii) is the hirer from the licensee of the mooring to which the licence relates, or(iii) has the consent of the licensee or hirer to use the mooring.Maximum penalty: 30 penalty units.
(2) A person must not moor a vessel at a public mooring in Cowan Water for more than 24 hours at any one time.Maximum penalty: 30 penalty units.
(3) A person must not moor at any mooring (not being a mooring forming part of a marina) in Cowan Water:(a) more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring), or(b) any vessel in contravention of the terms and conditions applicable to the licence in respect of the mooring.Maximum penalty: 30 penalty units.
(4) The holder of a licence in respect of a marina must not moor at a mooring forming part of the marina in Cowan Water:(a) more than one vessel (whether or not secured directly to the mooring or to another vessel secured to the mooring), or(b) any vessel in contravention of the terms and conditions applicable to the licence in respect of the marina.Maximum penalty: 30 penalty units.
(5) An authorised officer may direct a person to remove a vessel from a mooring if the vessel is moored in contravention of this clause.(6) A person must not, without reasonable excuse, fail to comply with a direction given under subclause (5).Maximum penalty: 30 penalty units.
(7) In this clause:authorised officer means:
(a) an officer or employee of the National Parks and Wildlife Service, or(b) a person who is authorised by the park authority for Ku-ring-gai Chase National Park to exercise the powers conferred by this clause, or(c) a police officer.
29 Misrepresentation of authority to moor vessel
A person must not falsely represent (by the display of numbers or names, the production of documents or otherwise) that the person is authorised to moor a vessel, or to permit other persons to moor vessels, in Cowan Water.Maximum penalty: 30 penalty units.
(1) The consent of a park authority under this Part may be given:(a) by means of a written statement, or(b) by means of a notice referred to in clause 4, or(c) in the form of a permit, licence, approval or other form of authorisation.(2) Such a consent may be given:(a) either generally or in a particular case, and(b) either unconditionally or subject to conditions.
31 Exercise of park authority’s functions
Any function that is conferred on a park authority by this Part may be exercised by the authority or by any person authorised by the authority to exercise that function.
A person does not commit an offence under this Part for anything done or omitted:(a) by a member of staff of a park authority in the exercise of his or her employment as such, or(b) under the direction of a park authority.
33 Second and subsequent offences
(1) A person who commits (or is, by virtue of section 159 of the Act, guilty of) a second or subsequent offence against this Part is liable to be excluded from a park by the park authority for any period of time determined by the park authority.(2) For the purpose of this clause, a person is taken to have committed (or to be guilty of) an offence against this Part if:(a) a court convicts the person of the offence, or(b) a court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 in respect of the person in relation to the offence, or(c) a penalty notice has been issued in respect of an offence and the penalty notice amount has been paid.(3) A person who has been excluded from a park under this clause must not re-enter the park before the period of exclusion ends.Maximum penalty: 30 penalty units.
(4) This clause does not apply to an offence against clause 43D.