National Parks (Park) Amendment Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i National Parks (Park) Amendment Regulations 2011 S.R. No. 148/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 Revocations 2 6 New objectives inserted 2 7 Interpretation of park 2 8 New Parts 5 and 6 inserted 3 PART 5—OCCUPATION PERMITS AND USE OF FACILITIES 3 62 Definitions 3 63 Occupation permits and use of facilities 3 64 Requirement to pay a fee 3 65 Reasonable opportunity 4 66 Facilities etc. not to be used unless fee or charge paid 5 PART 6—POINT HICKS MARINE NATIONAL PARK APPROVALS 5 67 Definition 5 68 Conditions of approval of the Minister 5 69 Method of notifying the Minister 7 9 New Schedule 5 inserted 8 SCHEDULE 5—Point Hicks Marine National Park Permitted Stopping Area 8 __________________ SCHEDULES—Revocations 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 148/2011 National Parks Act 1975 National Parks (Park) Amendment Regulations 2011 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 6 December 2011 Responsible Minister: RYAN SMITH Minister for Environment and Climate Change MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the National Parks (Park) Regulations 2003 to provide for— (a) the payment of fees and charges for park occupation permits and the use of park services, facilities and goods under section 21 of the National Parks Act 1975 and other related matters; and (b) the conditions for an approval given by the Minister under section 45B of the National Parks Act 1975 and other related matters. 2 Authorising provision These Regulations are made under section 48 of the National Parks Act 1975. -- 2 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 10 December 2011. 4 Principal Regulations In these Regulations, the National Parks (Park) Regulations 2003 1 are called the Principal Regulations. 5 Revocations The Regulations set out in the Schedule are revoked. 6 New objectives inserted In regulation 1 of the Principal Regulations— (a) in paragraph (c) for "committees." substitute "committees; and"; (b) after paragraph (c) insert— "(d) to provide for fees and charges that are payable for a park occupation permit and the use of park services, facilities and goods under section 21 of the Act and other related matters; and (e) to prescribe the conditions for approvals given by the Minister under section 45B of the Act and other related matters.". 7 Interpretation of park In regulation 6(c)(ii) of the Principal Regulations for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". r. 3 -- 3 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 3 Authorised by the Chief Parliamentary Counsel 8 New Parts 5 and 6 inserted After Part 4 of the Principal Regulations insert— "PART 5—OCCUPATION PERMITS AND USE OF FACILITIES 62 Definitions In this Part— occupation permit means a permit granted under section 21(1) of the Act to occupy an occupation site; occupation site means a building, camping place or other facility erected, set apart or provided in a park that a person requires a permit under section 21(1) of the Act to occupy. 63 Occupation permits and use of facilities (1) A person must not occupy an occupation site unless the person does so under and in accordance with an occupation permit. Penalty: 5 penalty units. (2) It is not an offence for a person to occupy an occupation site without a permit if there was no reasonable opportunity for the person to obtain a permit. 64 Requirement to pay a fee (1) A person to whom an occupation permit is granted must pay the fee or charge determined for the permit under section 21(2) of the Act. Penalty: 5 penalty units. (2) It is not an offence to fail to pay a fee or charge under subregulation (1) if there was no reasonable opportunity to do so. r. 8 -- 4 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 4 Authorised by the Chief Parliamentary Counsel 65 Reasonable opportunity (1) For the purposes of regulation 63(2), a person who occupies an occupation site without a permit has a reasonable opportunity to obtain a permit if— (a) during any part of the period the person occupies the site a sign or notice authorised by the Secretary is clearly displayed at the entrance to the park; and (b) the sign or notice indicates that a person must not enter the park for the purposes of occupying an occupation site, unless he or she has been granted a permit. (2) For the purposes of regulation 64(2), a person has a reasonable opportunity to pay a fee or charge for an occupation permit for an occupation site where an authorised officer is not present, if there is available for use at the site— (a) a receptacle provided by the Secretary to collect the fee or charge; and (b) a receipt form to record the payment of the fee or charge. (3) Subregulation (2) applies regardless of whether or not the person has the exact amount of money required for the fee or charge. (4) For the purposes of regulation 64(2), a person has a reasonable opportunity to pay a fee or charge for an occupation site if asked by an authorised officer to do so. r. 8 -- 5 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 5 Authorised by the Chief Parliamentary Counsel 66 Facilities etc. not to be used unless fee or charge paid (1) A person must not use any services, facilities or goods in a park for which a fee or charge has been determined by the Minister under section 21(3) of the Act, unless the person has paid that fee or charge. Penalty: 5 penalty units. (2) It is not an offence to fail to pay a fee or charge under subregulation (1) if there was no reasonable opportunity for the person to do so. (3) For the purposes of subregulation (2), a person has a reasonable opportunity to pay a fee or charge if asked by an authorised officer to do so. __________________ PART 6—POINT HICKS MARINE NATIONAL PARK APPROVALS 67 Definition In this Part— the Park means Point Hicks Marine National Park described in Part 9 of Schedule Seven to the Act. 68 Conditions of approval of the Minister For the purposes of section 45B(3) of the Act, the prescribed conditions of approval by the Minister are as follows— r. 8 -- 6 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 6 Authorised by the Chief Parliamentary Counsel (a) the approval remains in force for a period of 12 months commencing on the date of its issue; (b) on each occasion on which the person to whom the approval has been given enters the Park he or she must have notified the Minister, before so entering— (i) of the number of the Fishery Access Licence under which the priority species carried on the boat have been caught; and (ii) of his or her intention to enter the Park; (c) on each occasion on which the person to whom the approval has been given leaves the Park he or she must notify the Minister, as soon as practicable after leaving the Park— (i) of the number of the Fishery Access Licence under which any priority species carried on the boat have been caught; and (ii) of his or her departure from the Park; (d) the boat in respect of which the approval has been given must not remain stationary in any part of the Park except that part shown hatched on the plan in Schedule 5; r. 8 -- 7 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (e) the boat in respect of which the approval has been given must travel by the shortest practicable route, on entering the Park, from its point of entry on the boundary of the park to the boundary of the area shown hatched in Schedule 5; (f) the boat in respect of which the approval has been given must travel by the shortest practicable route, when leaving the Park, from the point of exit on the boundary of the area shown hatched in Schedule 5 to the boundary of the Park. 69 Method of notifying the Minister For the purposes of the conditions set out in regulation 68, notification to the Minister may be made by telephone, on the telephone number disseminated for that purpose by the Minister. __________________". r. 8 -- 8 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 8 Authorised by the Chief Parliamentary Counsel 9 New Schedule 5 inserted After Schedule 4 of the Principal Regulations insert— "__________________ SCHEDULE 5 Regulation 68 Point Hicks Marine National Park Permitted Stopping Area ". __________________ r. 9 -- 9 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 9 Authorised by the Chief Parliamentary Counsel SCHEDULE REVOCATIONS Regulation 5 REVOKED REGULATIONS S.R. No. Title 146/2001 National Parks (Fees and Charges) Regulations 2001 108/2002 National Parks (Point Hicks Marine National Park) Regulations 2002 150/2003 National Parks (Fees and Charges) (Amendment) Regulations 2003 142/2004 National Parks (Fees and Charges) (Amendment) Regulations 2004 142/2005 National Parks (Fees and Charges) (Amendment) Regulations 2005 121/2006 National Parks (Fees and Charges) (Amendment) Regulations 2006 139/2007 National Parks (Fees and Charges) (Amendment) Regulations 2007 93/2008 National Parks (Fees and Charges) Amendment Regulations 2008 81/2009 National Parks (Fees and Charges) Amendment Regulations 2009 60/2010 National Parks (Fees and Charges) Amendment Regulations 2010 ═══════════════ Sch. -- 10 of 11 -- S.R. No. 148/2011 National Parks (Park) Amendment Regulations 2011 10 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 74/2003. Endnotes -- 11 of 11 --