National Parks Amendment Regulations 2018S.R. No. 125/2018

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Principal Regulations 25 Objectives of Principal Regulations amended 26 Definitions 27 Meaning of park 28 Application of Regulations to employees etc. 39 Determinations setting areas aside 310 Cancellation of a permit 311 Temporary closure of park 312 Areas where access is prohibited or restricted 313 Permits to enter caves within restricted or prohibited access

areas 414 Permits to interfere with animals other than fauna 415 Areas for collection of bait 416 Areas for indigenous fish preservation 417 Circumstances under which poisons and traps may be

possessed, carried or used 418 Areas for dogs 419 Areas for horses 420 Areas for collecting firewood for campfires 521 Areas for introducing firewood into parks 522 Areas where bathing is prohibited or restricted 523 Areas where spears or spear guns prohibited or restricted 524 Areas where surfing etc. prohibited or restricted 525 Areas where scuba diving etc. prohibited or restricted 526 Crossing area by way other than an identified track prohibited 527 Areas where sport or recreation prohibited 528 Areas where sport or recreation restricted 529 Permits for sport and recreation 630 Permits for organised events 631 Areas for snow sports 632 Areas where glass bottles, containers or utensils prohibited 633 Areas where noisy devices and equipment may be operated 634 Permits to operate noisy devices and equipment 635 Permits for advertising and soliciting 6

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36 Areas where liquor prohibited 637 Areas for dispersed camping 738 Lighting or maintaining fires restricted 739 Additional water supply catchment areas 740 Road and track closures to some or all vehicles 741 One-way roads or tracks 742 Parking restrictions 743 Areas in which wheel chains must be carried during snow

season 744 Snow season 745 Days on which wheel chains are not required for day visitors 746 Areas where using vessels restricted or prohibited 847 Areas where aircraft may be used 848 Areas of unexploded ordnance 849 Signs etc. must be obeyed 850 Areas where swimming may be allowed 851 Gippsland Lakes Coastal Park—construction of hides 852 Areas where access may be allowed 853 Permits to access the designated water supply catchment area 854 Areas where access may be allowed 955 Permits to access the designated water supply catchment area 956 Areas where access may be allowed 957 Permits to access the designated water supply catchment area 958 Definitions 959 Part 18 revoked 9

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Endnotes 10

STATUTORY RULES 2018

S.R. No. 125/2018

National Parks Act 1975

National Parks Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 11 September 2018

Responsible Minister:

LILY D'AMBROSIOMinister for Energy, Environment and Climate Change

ANDREW ROBINSONClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the National Parks Regulations 2013—

(a) to reflect amendments made to the National Parks Act 1975 by the Parks Victoria Act 2018; and

(b) to allow a person holding a Wrasse (Ocean) Fishery Access Licence under regulation 12(x) of the Fisheries Regulations 2009 to transit Cape Howe Marine National Park.

2 Authorising provision

These Regulations are made under section 48 of the National Parks Act 1975.

3 Commencement

These Regulations come into operation on 12 September 2018.

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4 Principal Regulations

In these Regulations, the National Parks Regulations 20131 are called the Principal Regulations.

5 Objectives of Principal Regulations amended

Regulation 1(c) of the Principal Regulations is revoked.

6 Definitions

In regulation 5(1) of the Principal Regulations—

(a) in the definition of indigenous fish preservation area, for "the Secretary" substitute "Parks Victoria";

(b) in the definition of occupation permit, for "section 21(1)(a)" substitute "section 21(1)";

(c) in the definition of occupation site—

(i) for "the Secretary" substitute "Parks Victoria";

(ii) for "section 21(1)(a)" substitute "section 21(1)";

(d) in the definition of prohibited access area, for "the Secretary" substitute "Parks Victoria";

(e) in the definition of snow season, for "the Secretary" substitute "Parks Victoria";

(f) for the definition of website substitute—

"website means the website of Parks Victoria at www.parks.vic.gov.au;".

7 Meaning of park

In the Note at the foot of regulation 6 of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

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8 Application of Regulations to employees etc.

In regulation 8(1)(a), (b)(i), (b)(ii) and (c) of the Principal Regulations omit "or Parks Victoria".

9 Determinations setting areas aside

In regulation 10(1) and (2) of the Principal Regulations, for "the Secretary" (where twice occurring) substitute "Parks Victoria".

10 Cancellation of a permit

(1) In regulation 13(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

(2) In regulation 13(2), (4) and (5) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

11 Temporary closure of park

(1) In regulation 15(1), (3) and (6) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

(2) In regulation 15(2) of the Principal Regulations—

(a) for "The Secretary" substitute "Parks Victoria";

(b) for "the Secretary" substitute "Parks Victoria".

(3) In regulation 15(4) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

(4) In regulation 15(5) of the Principal Regulations for "the Secretary" (where twice occurring) substitute "Parks Victoria".

12 Areas where access is prohibited or restricted

(1) In regulation 20(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

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(2) In regulation 20(2) of the Principal Regulations—

(a) for "The Secretary" substitute "Parks Victoria";

(b) for "the Secretary" substitute "Parks Victoria".

13 Permits to enter caves within restricted or prohibited access areas

In regulation 22 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

14 Permits to interfere with animals other than fauna

In regulation 24(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

15 Areas for collection of bait

In regulation 25(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

16 Areas for indigenous fish preservation

(1) In regulation 28(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

(2) In regulation 28(3) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

17 Circumstances under which poisons and traps may be possessed, carried or used

In regulation 31(1) and (3) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

18 Areas for dogs

In regulation 35 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

19 Areas for horses

In regulation 39 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

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20 Areas for collecting firewood for campfires

In regulation 49(1) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

21 Areas for introducing firewood into parks

In regulation 50 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

22 Areas where bathing is prohibited or restricted

In regulation 58(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

23 Areas where spears or spear guns prohibited or restricted

In regulation 59(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

24 Areas where surfing etc. prohibited or restricted

In regulation 60(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

25 Areas where scuba diving etc. prohibited or restricted

In regulation 61(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

26 Crossing area by way other than an identified track prohibited

In regulation 64 of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

27 Areas where sport or recreation prohibited

In regulation 65(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

28 Areas where sport or recreation restricted

In regulation 66(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

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29 Permits for sport and recreation

In regulation 67(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

30 Permits for organised events

In regulation 69 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

31 Areas for snow sports

(1) In regulation 70(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

(2) In regulation 70(2) and (3) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

32 Areas where glass bottles, containers or utensils prohibited

In regulation 72(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

33 Areas where noisy devices and equipment may be operated

In regulation 74 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

34 Permits to operate noisy devices and equipment

In regulation 75 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

35 Permits for advertising and soliciting

In regulation 77 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

36 Areas where liquor prohibited

In regulation 78(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

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37 Areas for dispersed camping

In regulation 82 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

38 Lighting or maintaining fires restricted

In regulation 86(2) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

39 Additional water supply catchment areas

In regulation 90 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

40 Road and track closures to some or all vehicles

In regulation 93(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

41 One-way roads or tracks

In regulation 95(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

42 Parking restrictions

In regulation 96(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

43 Areas in which wheel chains must be carried during snow season

In regulation 97(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

44 Snow season

In regulation 99 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

45 Days on which wheel chains are not required for day visitors

(1) In regulation 100(1) of the Principal Regulations—

(a) for "The Secretary" substitute "Parks Victoria";

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(b) for "the Secretary" substitute "Parks Victoria".

(2) In regulation 100(2) and (3) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

46 Areas where using vessels restricted or prohibited

In regulation 101(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

47 Areas where aircraft may be used

In regulation 103(1) and (2) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

48 Areas of unexploded ordnance

In regulation 104(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

49 Signs etc. must be obeyed

In regulation 106(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

50 Areas where swimming may be allowed

In regulation 109 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

51 Gippsland Lakes Coastal Park—construction of hides

In regulation 112(1) of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

52 Areas where access may be allowed

In regulation 116 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

53 Permits to access the designated water supply catchment area

In regulation 117 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

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54 Areas where access may be allowed

In regulation 119 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

55 Permits to access the designated water supply catchment area

In regulation 120 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

56 Areas where access may be allowed

In regulation 122 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

57 Permits to access the designated water supply catchment area

In regulation 123 of the Principal Regulations, for "The Secretary" substitute "Parks Victoria".

58 Definitions

(1) In regulation 128(a)(i), (ii), (iii) and (iv) of the Principal Regulations, for "within the meaning of" substitute "under".

(2) For regulation 128(a)(v) of the Principal Regulations substitute—

"(v) a Wrasse (Ocean) Fishery Access Licence under regulation 12(x) of the Fisheries Regulations 2009;

(vi) a statutory fishing right within the meaning of the Fisheries Management Act 1991 of the Commonwealth;".

(3) In regulation 128(c)(i) and (ii) of the Principal Regulations, for "the Secretary" substitute "Parks Victoria".

59 Part 18 revoked

Part 18 of the Principal Regulations is revoked.

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Endnotes

Endnotes

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1 Reg. 4: S.R. No. 115/2013 as amended by S.R. Nos 18/2015 and 16/2017.