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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 18 November 2019 at 17:42)
Part 13
Part 13 Regulations
154   Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that, by this Act, is required or permitted to be prescribed by regulations or that is necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the powers, authorities, duties and functions of the Chief Executive, the officers of the Service, ex-officio rangers, honorary rangers, the Council, advisory committees or the Aboriginal Cultural Heritage Advisory Committee,
(b)  the procedure for the calling of meetings of the Council, advisory committees or the Aboriginal Cultural Heritage Advisory Committee and the conduct of business at those meetings,
(c)–(j)    (Repealed)
(k)  the records to be kept and returns to be furnished by persons holding Aboriginal heritage impact permits,
(l)  tendering for leases and licences under Part 11 or 12,
(m)  the form and design of signs, symbols, emblems, insignia and uniforms for use in connection with the administration of this Act and the regulations, and the regulation, control or prohibition of the making, reproducing or using of those signs, symbols, emblems, insignia and uniforms, and
(n)  the forms or other documents to be used for the purposes of this Act and the regulations.
155   Regulations relating to parks
(1)  In this section, park means national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
(2)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that, by this Act, is required or permitted to be prescribed by regulations or that is necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the regulation of the use and enjoyment of parks,
(b)  the securing of decency and order in parks,
(c)  the removal of trespassers and other persons causing annoyance or inconvenience in parks,
(d)  the regulation or prevention of the taking of intoxicants into, and the consuming thereof in, parks,
(e)  the regulation, control or prohibition of the taking of animals on or into parks and public and other roads traversing parks or the permitting or suffering of animals to be on or in parks and any such roads,
(f)  the regulation, control or prohibition of mooring, parking, camping or residing in parks, the making of charges for mooring, parking, camping or residing in parks and the collecting and receiving of those charges by the Minister or by other persons,
(g)  the preservation or protection of, or prevention of damage to, trees, shrubs, ferns, creepers, vines, palms, plants, flowers, herbage or other vegetative cover in parks,
(h)  the conditions under which trees or timber may be cut or removed from parks and the amount of royalties, fees and charges payable in respect thereof,
(i)  the preservation or protection of any rocks, soil, sand, stone, or other similar substance on or under or comprising part of a park, or the removal of any such substance from a park and the amount of royalties, fees and charges payable in respect thereof,
(j)  the preservation or protection of any animals in parks,
(k)  the preservation or protection of, or prevention of damage to, any Aboriginal object or Aboriginal place in a park,
(l)  the regulation, control or prohibition of the use of any Aboriginal object or Aboriginal place for commercial purposes in a park,
(m)  the making of charges or entrance fees for persons, clubs or associations or for vehicles using or entering a park, or any specified part of a park, or any public or other road traversing or bounding a park or such a part, and the collecting, receiving and waiving of those charges and fees by the Chief Executive or by other persons,
(n)  the reservation of any portion of a park for such separate or exclusive use as the regulations may prescribe,
(o)  the closing of, or the regulation, control or prohibition of the entry of any person or class of persons into, a park or parts of a park and the conditions to be observed with regard thereto,
(p)  the regulation, control or prohibition of private trading in a park,
(q)  the use of roads, tracks, trails and other ways within a park and the circumstances under which roads, tracks, trails and other ways therein shall be open or may be closed to public traffic or use,
(r)  the powers and duties of any officer of the Service appointed in respect of a park,
(s)  the regulation of the use of vehicles and the conditions under which they may be used in a park,
(t)  the regulation of the speed of vehicles in a park,
(u)  the regulation of the use of chair lifts, surface tows and ski jumps and the conditions under which they may be used in a park,
(v)  the regulation, control or prohibition of the erection of buildings, marinas, structures, signs or other improvements in a park,
(w)  the protection of buildings, marinas, structures, signs and other improvements in parks,
(x)  the regulation, control or prohibition of exotic plants in parks,
(y)  the collection of scientific specimens, the preservation or protection of marine life (other than fish within the meaning of the Fisheries Management Act 1994), and the pursuit of research in parks,
(z)  the regulation, control or prohibition of the use of firearms or other weapons and the carrying of firearms or other weapons in parks,
(aa)  the management and maintenance of pounds within a park,
(bb)  the procedure for the impounding of cattle, horses, asses, mules, sheep, goats, swine and dogs within a park and for their subsequent disposal, sale or destruction,
(cc)  the damage fees, driving charges, sustenance charges, deterrent fees and pound fees chargeable in respect of the impounding of cattle, horses, asses, mules, sheep, goats, swine and dogs within a park,
(dd)  the fees chargeable in respect of the sale or offering for sale and in respect of the destruction of cattle, horses, asses, mules, sheep, goats, swine and dogs impounded within a park, and
(ee)    (Repealed)
(2A)  Without affecting the generality of subsection (2), a regulation made in pursuance of subsection (2) (v):
(a)  may include provisions for or with respect to site, design, methods of construction and any matters which a council under the Local Government Act 1993 may take into consideration in exercising its functions under that Act.
(b)    (Repealed)
(2B)  Where any lands, not being a park or part of a park, are acquired or occupied by the Minister under Part 11, the Governor may, in relation to any such lands, make regulations not inconsistent with this Act or with any reservation or condition subject to which the lands were acquired or occupied, for or with respect to any matter specified in subsection (2) in relation to a park.
(2C)  Without limiting the generality of subsection (2), the Governor may, in relation to any state conservation area or regional park, make regulations for or with respect to any matter for or with respect to which regulations may be made for the purposes of section 9.25 of the Crown Land Management Act 2016 in relation to dedicated or reserved Crown land.
(2D)  If an agreement under section 146 relates to land adjoining or in the vicinity of lands reserved or dedicated under this Act, the Governor may make regulations for or with respect to that land, not inconsistent with this Act or with any Act affecting the land:
(a)  for the purpose of giving effect to the agreement, and
(b)  for or in respect of a matter (not relating to the imposition of fees, charges or royalties) for which regulations may be made under subsection (2) in relation to a park.
(3)  Without affecting the generality of section 156 (2) or (3), regulations:
(a)  made under subsection (2) for or with respect to parks, or
(b)  made under subsection (2B) for or with respect to other lands acquired or occupied by the Minister,
may be made to apply generally to all parks or to all such other lands so acquired or occupied or may be limited to any park or any particular lands so acquired or occupied, or any specified part of any such park or other lands, and unless so limited shall be taken to apply generally to all parks or to all such other lands, as the case may be.
(4)  Where any provision of a regulation made to apply to any specified park or any particular lands acquired or occupied by the Minister, or any part thereof, is inconsistent with a provision of any regulation relating to parks or to any such lands generally, the firstmentioned provision shall prevail.
155A   Kosciuszko National Park
The regulations may confer or impose on the Chief Executive, with any necessary modifications, any function relating to the health of the public in Kosciuszko National Park that is, or but for being modified would be, the same as a function conferred or imposed on a council constituted by the Local Government Act 1993 in relation to the health of the public in its area.
156   General provisions
(1)  A regulation may:
(a)  impose a penalty for any breach thereof and also distinct penalties in case of successive breaches thereof but no such penalty shall exceed 50 penalty units, and
(b)  impose also a daily penalty for any continuing breach thereof not exceeding 2 penalty units per day.
(2)  A regulation may be made so as to apply differently according to such factors as may be specified therein.
(3)  A regulation may be made so as to apply to or in respect of:
(a)  any matter, or all matters, or any class of matters specified or described therein, or
(b)  all matters, or any class of matters, so specified or described other than:
(i)  any matter so specified or described that is expressed to be excluded, or
(ii)  any class of matters so specified or described that is expressed to be excluded.
(4)  A regulation may authorise any matter or thing to be from time to time determined, applied or regulated by any person or body specified therein.