Water Industry (Reservoir Parks Land) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provisions 1 3 Commencement 1 4 Definitions 2 5 Exemption—members of a traditional owner group 4 PART 2—FEES FOR USE OF FACILITIES 5 6 Fees for use of certain facilities 5 PART 3—CAMPING 6 7 Camping 6 8 Use of soap and detergents 6 9 Hygiene 6 PART 4—FIRES AND BARBEQUES 8 10 Fires and barbeques 8 11 Extinguishment of fires and barbeques 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 171/2014 Water Industry Act 1994 Water Industry (Reservoir Parks Land) Regulations 2014 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 21 October 2014 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change YVETTE CARISBROOKE Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to regulate camping and the use of fire on reservoir parks land; and (b) to provide for fees for camping at a specified campsite on certain reservoir parks land. 2 Authorising provisions These Regulations are made under sections 136 and 184 of the Water Industry Act 1994. 3 Commencement These Regulations come into operation on 29 October 2014. -- 2 of 11 -- Part 1—Preliminary Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 2 Authorised by the Chief Parliamentary Counsel 4 Definitions In these Regulations— ANZAC Day has the same meaning as in section 6(h) of the Public Holidays Act 1993; camp means— (a) to erect, occupy or use a tent, tarpaulin or similar kind of shelter or temporary structure, for accommodation; or (b) to occupy or use a swag or sleeping bag for accommodation; or (c) to occupy or use a vehicle or vessel for accommodation; eligible person has the same meaning as in section 3 of the State Concessions Act 2004; fireplace means a facility constructed of stone, metal, concrete or other non-flammable material that is for the lighting and maintaining of fires; Labour Day has the same meaning as in section 6(d) of the Public Holidays Act 1993; Melbourne Cup Day has the same meaning as in section 6(j) of the Public Holidays Act 1993; off-peak season means the period commencing on 1 May and ending on 31 October in each year (excluding any days that are part of peak season or shoulder season); Parks Victoria means Parks Victoria as established under Part 2 of the Parks Victoria Act 1998; r. 4 -- 3 of 11 -- Part 1—Preliminary Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 3 Authorised by the Chief Parliamentary Counsel peak season means the following periods— (a) Friday and Saturday nights during the period commencing on the last Friday in October each year and ending at the end of February of the following year; (b) the Sunday and Monday nights immediately before Melbourne Cup Day; (c) the Friday, Saturday and Sunday nights immediately before Labour Day; (d) if ANZAC Day falls on a Friday, the Thursday night immediately before ANZAC Day, ANZAC Day and the Saturday immediately following ANZAC Day; (e) if ANZAC Day falls on a Monday, the Friday, Saturday and Sunday nights immediately before ANZAC Day; (f) the period between the end of school term one and the beginning of school term two in each year; (g) the period between the end of school term four and the beginning of school term one in the following year; school term means a term defined by the Minister administering the Education and Training Reform Act 2006 under that Act or regulations under that Act; shoulder season means the following periods— (a) the period commencing on 1 November each year and ending on 30 April of the following year (excluding any days that are part of peak season); r. 4 -- 4 of 11 -- Part 1—Preliminary Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 4 Authorised by the Chief Parliamentary Counsel (b) the period between the end of school term three and the beginning of school term four; specified campsite means an individual campsite within a campground on reservoir parks land that is provided and managed by Parks Victoria for the purpose of camping; the Act means the Water Industry Act 1994; traditional owner group has the same meaning as it has in the Traditional Owner Settlement Act 2010; Upper Yarra Reservoir Park means the land delineated by heavy black lines on the plan lodged in the Central Plan Office and numbered LEGL./11-099, excluding the area shown as excluded on that plan. 5 Exemption—members of a traditional owner group Regulation 6 does not apply to a person who is a member of a traditional owner group and who is acting under and in accordance with an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010. __________________ r. 5 -- 5 of 11 -- Part 2—Fees for Use of Facilities Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 5 Authorised by the Chief Parliamentary Counsel PART 2—FEES FOR USE OF FACILITIES 6 Fees for use of certain facilities (1) A person must not use a facility in reservoir parks land for which a fee is payable under this regulation unless the person has paid the fee to the Secretary. Penalty: 5 penalty units. (2) The fee payable for the overnight use by up to 6 persons of a specified campsite at the Upper Yarra Reservoir Park is— (a) during the peak season, 2·86 fee units; or (b) during the off-peak season, 2·57 fee units; or (c) during the shoulder season, 2·71 fee units. (3) The fee payable under subregulation (2) by an eligible person is subject to a 10 per cent discount. __________________ r. 6 -- 6 of 11 -- Part 3—Camping Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 6 Authorised by the Chief Parliamentary Counsel PART 3—CAMPING 7 Camping (1) A person must not camp on reservoir parks land, other than in a specified campsite. Penalty: 10 penalty units. (2) A person must not camp in a specified campsite for more than 30 consecutive nights. Penalty: 10 penalty units. (3) A person who books a specified campsite for overnight use must not allow more than 6 persons to use the campsite overnight. Penalty: 5 penalty units. 8 Use of soap and detergents A person must not use or dispose of any soap, detergent or similar substance on reservoir parks land within 50 metres of any sea, river, stream, creek, well, spring, dam, lake, reservoir, bore or other body of water, except in toilets, showers or other facilities provided for that purpose. Penalty: 10 penalty units. 9 Hygiene A person must not deposit or leave behind faeces in reservoir parks land unless— (a) if toilet facilities are provided and readily available, the person does so in the toilet facilities provided; or r. 7 -- 7 of 11 -- Part 3—Camping Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 7 Authorised by the Chief Parliamentary Counsel (b) if toilet facilities are not provided or are not readily available, the person does so by burying those faeces 100 metres or more away from any sea, river, stream, creek, well, spring, dam, lake, reservoir, bore or other body of water. Penalty: 10 penalty units. __________________ r. 9 -- 8 of 11 -- Part 4—Fires and Barbeques Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 8 Authorised by the Chief Parliamentary Counsel PART 4—FIRES AND BARBEQUES 10 Fires and barbeques (1) A person must not light or maintain a fire or barbeque on reservoir parks land, except in accordance with subregulation (2). Penalty: 20 penalty units. (2) A person may light or maintain a fire or barbeque if— (a) the person does so at a time and during a period when the lighting of fires is not prohibited under any Act; and (b) the person does so— (i) in a fireplace or barbeque constructed for that purpose; or (ii) in accordance with subregulation (3), in an appliance designed and commercially manufactured to use liquid or gaseous fuel. (3) For the purposes of subregulation (2)(b)(ii), the person using the appliance must ensure that— (a) the appliance is lit and maintained using fuel intended to be used in that appliance; and (b) when alight, the appliance is placed in a stable position; and (c) the ground and airspace within a distance of 3 metres of the appliance is clear of flammable material. Penalty: 20 penalty units. r. 10 -- 9 of 11 -- Part 4—Fires and Barbeques Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 9 Authorised by the Chief Parliamentary Counsel 11 Extinguishment of fires and barbeques A person who has lit or maintained a fire or barbeque on reservoir parks land must extinguish the fire or barbeque before leaving the place of the fire or barbeque. Penalty: 20 penalty units. ═══════════════ r. 11 -- 10 of 11 -- Water Industry (Reservoir Parks Land) Regulations 2014 S.R. No. 171/2014 10 Authorised by the Chief Parliamentary Counsel ENDNOTES Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2014 is $13.24. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2014 is $147.61. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 11 of 11 --