Alpine Resorts (Management) Interim Regulations 2009
i
Alpine Resorts (Management) Interim Regulations
2009
S.R. No. 47/2009
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Revocation 2
5 Definitions 2
6 Application of Regulations 5
PART 2—POWERS OF BOARDS IN RELATION TO ALPINE
RESORTS 6
7 Board may declare snow season for alpine resorts 6
8 Board may determine parts of alpine resort to which entry is
prohibited 6
9 Board may determine places in alpine resort for entry and
parking of vehicles 7
10 Board may set aside areas for public use 7
11 Board must display signs and notices 9
12 Determination may be amended or revoked 9
13 Board may grant authority for certain purposes 9
PART 3—ENTRY AND PERMITS FOR OTHER PURPOSES 11
Division 1—Fees for access or use of alpine resorts 11
14 Offence to enter an alpine resort as a bus passenger without
paying fee 11
15 Offence to enter an alpine resort in a motor vehicle without
paying fee 11
16 Offence for persons to enter alpine resorts by means other
than in buses and motor vehicles without paying fee 13
17 Power of Boards to determine annual fee for access or use of
alpine resorts 13
18 Considerations Board must take into account in determining
fees 14
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19 Classes of person not required to pay access or use fees 14
20 Board may reduce or waive fees for access or use of alpine
resorts 15
Division 2—Helicopter entry permits 16
21 Board may issue helicopter entry permit 16
Division 3—Permits to use areas set aside for public use 17
22 Board may issue cross country ski trail permit 17
23 Board may determine fee for cross country ski trail permit 18
24 Board may reduce or waive fee for use of cross country ski trail 19
25 Board may issue four wheel drive vehicle permit 19
26 Board may determine fee for four wheel drive vehicle permit 20
27 Board may issue a permit for use of vehicle for access etc. in
certain areas 21
28 Board may determine fee for vehicle permit under regulation 27 23
29 Board may issue camping permit 23
30 Board may determine fee for camping permit 24
31 Board may issue oversnow vehicle permit 24
32 Board may waive fee for permit for use of oversnow vehicle 25
Division 4—General matters relating to entry and permits 25
33 All permits to be affixed to vehicle 25
34 Board may issue replacement permit 26
PART 4—GENERAL USE AND CONTROL OF ALPINE
RESORTS 27
35 Offence relating to entry and use of certain areas 27
36 Behaviour 27
37 Damaging or defacing property etc. 27
38 Games and activities 28
39 Alcohol 29
40 Camping 29
41 Hygiene and use of fireplaces 29
42 Dogs 30
43 Horses and camels 31
44 Other animals 32
45 Apiculture 33
46 Firearms and other weapons 33
47 Skiing and snowplay in certain areas 34
48 Use of toboggans, sleds, ski-bobs or inflatable devices 34
49 Ski equipment to be fitted with certain mechanisms 35
50 Use of ski lifts 35
51 Hang-gliding, parasailing and paragliding, landing of aircraft
and by parachute 36
52 Offences relating to roads, works, etc. in an alpine resort 37
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53 Vehicles 38
54 Use of wheel chains on vehicles 39
55 Prescribed Board may waive carrying of wheel chains on
certain days 39
56 Authorised officer may request person to leave area in an
alpine resort 40
57 Authorised officer may direct person to cease doing an
activity in an alpine resort 41
58 Powers of authorised officers in relation to vehicles 41
PART 5—REVOCATION 42
59 Revocation 42
__________________
SCHEDULES 43
SCHEDULE 1—Revoked Regulations 43
SCHEDULE 2—Fees for Cross Country Ski Trail Permit 44
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1
STATUTORY RULES 2009
S.R. No. 47/2009
Alpine Resorts (Management) Act 1997
Alpine Resorts (Management) Interim Regulations
2009
The Governor in Council makes the following Regulations:
Dated: 12 May 2009
Responsible Minister:
GAVIN JENNINGS
Minister for Environment and Climate Change
RYAN HEATH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to provide
for the protection, management and control of
alpine resorts by—
(a) regulating the general use and control of
alpine resorts; and
(b) prescribing fees for the purposes of the
Alpine Resorts (Management) Act 1997.
2 Authorising provision
These Regulations are made under section 57 of
the Alpine Resorts (Management) Act 1997.
3 Commencement
These Regulations come into operation on the day
that they are made.
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4 Revocation
The Regulations listed in Schedule 1 are revoked.
5 Definitions
In these Regulations—
authorised officer means a person appointed by
the Secretary as an authorised officer under
section 83 of the Conservation, Forests and
Lands Act 1987 for the purposes of the Act;
authority means a written authority issued by a
Board under regulation 13 in respect of the
alpine resort for which that Board is
responsible;
bus has the same meaning as it has in the Road
Safety Act 1986;
camel includes a llama or alpaca;
camping permit means a permit issued by the
relevant Board under regulation 29;
commercial motor vehicle has the same meaning
as in the Road Safety Act 1986;
contractor includes an employee or subcontractor
of a contractor;
cross country ski trail permit means a permit
issued by the relevant Board under
regulation 22;
day visitor means a person who enters an alpine
resort after 7.00 a.m. and leaves the alpine
resort before midnight on the same day;
firearm has the same meaning as in the Firearms
Act 1996;
four wheel drive vehicle permit means a permit
issued by the relevant Board under
regulation 25;
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helicopter entry permit means a permit issued by
the relevant Board under regulation 21;
horse includes a mule or donkey;
inflatable device means a pneumatic tube or
similar device capable of being used for
sliding down snow slopes;
motor cycle has the same meaning as in the Road
Safety Act 1986;
motor vehicle has the same meaning as in the
Road Safety Act 1986, but does not include
a commercial motor vehicle or a motor
cycle;
off-season means the period outside the snow
season;
oversnow vehicle means a vehicle specifically
designed for use on or over snow;
oversnow vehicle permit means a permit issued by
the relevant Board under regulation 31;
prescribed Board means—
(a) the Lake Mountain Alpine Resort
Management Board; or
(b) the Mount Baw Baw Alpine Resort
Management Board; or
(c) the Mount Buller and Mount Stirling
Alpine Resort Management Board;
relevant Board means the Alpine Resort
Management Board established under Part 4
of the Act in respect of a particular alpine
resort;
road means—
(a) a thoroughfare or way under the control
of a Board within an alpine resort; and
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(b) a declared road within the meaning of
the Transport Act 1983;
ski-bob means a non-powered vehicle consisting
of a low seat and steering handles and
supported by 1 or 2 skis, that is used for
sliding down ski slopes;
ski lift means any mechanism (not being a
vehicle) provided for the transport of
members of the public up and between ski
slopes;
snow season means—
(a) any period declared by a Board under
regulation 7 to be the snow season in
respect of the alpine resort for which it
is responsible in the year or years
specified in the declaration; or
(b) if a declaration under regulation 7 has
not been made in respect of an alpine
resort for a particular year, the period
commencing on 1 June in each year and
ending on 31 October in that year;
the Act means the Alpine Resorts (Management)
Act 1997;
vehicle includes—
(a) a motor vehicle;
(b) a motor cycle;
(c) a bicycle, cart, trailer, caravan or horse-
drawn vehicle;
(d) a motor vehicle that is used or intended
to be used in a public place that is not a
tractor as defined in the Road Safety
Act 1986.
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6 Application of Regulations
(1) These Regulations do not apply to make the
Council, a Board, or any employee or agent of the
Council or of a Board or an authorised officer,
who is acting in the course of duty, liable for an
offence.
(2) Parts 3 and 4 of these Regulations do not apply
to—
(a) an officer, contractor, agent or employee of
VicRoads while the officer is carrying out or
engaged in works connected with the
management of access roads to alpine
resorts; or
(b) an officer or employee of the Secretary, a
member of the police force, ambulance
services, State Emergency Service or
Country Fire Authority when acting in the
course of his or her duty.
__________________
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PART 2—POWERS OF BOARDS IN RELATION TO ALPINE
RESORTS
7 Board may declare snow season for alpine resorts
The relevant Board may, by instrument in writing,
declare any period in any year specified in the
declaration, to be the snow season for the alpine
resort for which that Board is appointed.
8 Board may determine parts of alpine resort to which
entry is prohibited
(1) The relevant Board may determine that any area
forming part of the alpine resort for which that
Board is responsible is an area where entry—
(a) is prohibited completely; or
(b) is prohibited during the times determined by
the Board; or
(c) is prohibited for certain persons or classes of
person or certain vehicles or classes of
vehicle as determined by the Board.
(2) A determination under subregulation (1) may be
made for all or any of the following—
(a) reasons of public safety; or
(b) the re-establishment of vegetation or the
protection, conservation or preservation of
flora, fauna or natural features; or
(c) the carrying out of works or improvements
or the protection of works, improvements,
facilities or amenities; or
(d) any other purpose connected with the
protection, control and management of the
alpine resort.
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(3) A determination under subregulation (1) must
specify—
(a) the times or periods during which entry is
prohibited; and
(b) the reasons why entry is prohibited; and
(c) the persons or class of persons or vehicles or
class of vehicles to which entry to that part
of the alpine resort is prohibited (if any).
9 Board may determine places in alpine resort for
entry and parking of vehicles
(1) The relevant Board may determine that a place in
the alpine resort for which that Board is
responsible is an area where the entry or parking
of vehicles is permitted during the times
determined by the Board.
(2) A determination under subregulation (1) must
specify—
(a) the times or periods during which entry or
parking is permitted; and
(b) the details of any restrictions applying to the
entry or parking of vehicles in that area.
10 Board may set aside areas for public use
(1) The relevant Board may determine that a specified
area or areas in the alpine resort for which that
Board is responsible be set aside for public use—
(a) as an area where camping in tents, caravans
or other vehicles is permitted; or
(b) as an area where tobogganing or the use of a
sled or inflatable device is permitted; or
(c) as an area where the use of oversnow
vehicles is permitted during the snow season;
or
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(d) as a cross country ski trail during the snow
season; or
(e) as an area where access by particular classes
of vehicle is permitted; or
(f) as an area where the landing of helicopters is
permitted; or
(g) as an area where the landing of aircraft
(other than a helicopter), hang-gliding,
parasailing or paragliding is permitted; or
(h) as an area where the riding or bringing of
horses or camels is permitted; or
(i) as an area where the parking of vehicles or
classes of vehicles is permitted; or
(j) as an area where downhill skiing is permitted
during the snow season; or
(k) as an area where any other public use is
permitted.
(2) The relevant Board may determine that a specified
area or areas in the alpine resort for which that
Board is responsible be set aside for public use—
(a) as an area in which skiing or the use of a
snowboard or other snowplay activities is
prohibited; or
(b) as an area in which the possession or
consumption of alcohol is prohibited.
(3) A determination under this regulation must
specify—
(a) the times or periods during which the area is
set aside for public use; and
(b) the purposes for which the area has been set
aside; and
(c) any determination made or other conditions
applying to the use of that area.
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11 Board must display signs and notices
A Board must ensure that signs or notices
informing the public of a determination under
regulation 8, 9 or 10 including any details relating
to the determination are displayed in such a place
and manner that those details are reasonably likely
to be seen by any person affected by them.
12 Determination may be amended or revoked
(1) A determination under regulation 8, 9 or 10 may
be amended or revoked by the relevant Board.
(2) If a Board amends a determination under
regulation 8, 9 or 10, the Board must ensure that
the details of the amendment are included on any
signs erected under regulation 11.
(3) If a Board revokes a determination under
regulation 8, 9 or 10, the Board must ensure that
any signs erected under regulation 11 relating to
that determination are removed.
13 Board may grant authority for certain purposes
(1) The relevant Board may issue an authority for a
person to undertake an activity which would
otherwise contravene regulation 14(1), 15(1),
16(1), 35(1), 37(1), 42(1), 43(1), 44(1), 46(1),
51(1)(a) or (b), 52(1), (2) or (3) or 53(1),
(2) or (3).
(2) An authority issued under subregulation (1) may
be subject to any conditions the Board considers
necessary—
(a) for the effective management, protection and
control of the alpine resort or of any
operations or works in the alpine resort; or
(b) for the safety of persons or property within
the alpine resort.
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(3) A Board may, in writing, revoke an authority
issued under subregulation (1).
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PART 3—ENTRY AND PERMITS FOR OTHER PURPOSES
Division 1—Fees for access or use of alpine resorts
14 Offence to enter an alpine resort as a bus passenger
without paying fee
(1) A person must not enter an alpine resort as a
passenger in a bus unless that person has paid the
fee determined by the relevant Board in
accordance with subregulation (2).
Penalty: 5 penalty units.
(2) A relevant Board may determine a fee that is
payable for persons to access or use areas in the
alpine resort for which that Board is responsible
that are set aside by or under regulations made
under the Act for public use.
(3) The fee determined by the Board under
subregulation (2) for entry to the alpine resort
during the snow season must not exceed $13.25.
(4) The fee determined by the Board under this
regulation for entry to the alpine resort in the off-
season must not exceed one-third of the amount
specified in subregulation (3).
15 Offence to enter an alpine resort in a motor vehicle
without paying fee
(1) A person must not enter an alpine resort in a
motor vehicle unless the fee determined in
accordance with subregulation (3) by the relevant
Board has been paid.
Penalty: 5 penalty units.
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(2) Subregulation (1) does not apply to a person if the
person enters the alpine resort in a motor vehicle
in respect of which an annual fee determined in
accordance with regulation 17(1) by the relevant
Board has been paid.
(3) A relevant Board may determine a fee that is
payable for persons to access or use areas in the
alpine resort for which that Board is responsible
that are set aside by or under regulations made
under the Act for public use.
(4) In the case of entry to the alpine resort in a motor
vehicle during the snow season, the fee
determined by the Board under subregulation (3)
must not exceed—
(a) $42.00 for the motor vehicle for each day
that the motor vehicle remains in the alpine
resort; or
(b) if the Board so determines—
(i) if the motor vehicle contains the
minimum number (as determined by
the Board) of persons or more, $39.75
for the motor vehicle for each day, that
the motor vehicle remains in the alpine
resort; or
(ii) if the motor vehicle contains less than
the minimum number of persons,
$13.25 for each person in the motor
vehicle for each day that the motor
vehicle remains in the alpine resort.
(5) The fee determined by the Board under this
regulation to access or use areas in the alpine
resort in the off-season must not exceed one-third
of any amount specified in subregulation (4).
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16 Offence for persons to enter alpine resorts by means
other than in buses and motor vehicles without
paying fee
(1) A person must not enter an alpine resort, other
than as a passenger in a bus or in a motor vehicle,
unless the fee determined in accordance with
subregulation (2) by the relevant Board has been
paid.
Penalty: 5 penalty units.
(2) A relevant Board may determine a fee that is
payable for persons to access or use areas in the
alpine resort for which that Board is responsible
that are set aside by or under regulations made
under the Act for public use.
(3) In the case of entry to the alpine resort during the
snow season, the fee determined by the Board
under subregulation (2) must not exceed $13.25
for each person for each day that the person
remains in that alpine resort.
(4) The fee determined by the Board under this
regulation to access or use areas in the alpine
resort in the off-season must not exceed one-third
of the amount specified in subregulation (3).
17 Power of Boards to determine annual fee for access
or use of alpine resorts
(1) A relevant Board may determine a fee that is
payable in respect of a motor vehicle for persons
in that motor vehicle to access or use areas, in an
alpine resort for which that Board is responsible
that are set aside by or under regulations made
under the Act for public use, at any time during
any period of 12 months determined by the Board.
(2) The fee determined by the Board under
subregulation (1) must not exceed $504.00.
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(3) The Board may determine to reduce or waive the
fee determined under subregulation (1) if the
person applying to pay the fee has paid an annual
fee to access or use such set-aside areas in another
alpine resort in respect of that vehicle for that
year.
18 Considerations Board must take into account in
determining fees
In determining a fee under regulation 14(2), 15(3)
or 16(2), a relevant Board must take into
account—
(a) any commercial considerations; or
(b) any marketing considerations.
19 Classes of person not required to pay access or use
fees
A person who is in any one of the following
classes is not required to pay a fee determined by
a relevant Board under this Division in relation to
the alpine resort for which that Board is
responsible—
(a) a person acting in accordance with an
authority issued by the relevant Board that
allows that person to access or use the areas
in the alpine resort set aside by or under
regulations made under the Act for public
use without paying the fee for that access or
use;
(b) a person authorised to access or use the areas
in the alpine resort set aside by or under
regulations made under the Act for public
use without paying the fee for that access or
use by—
(i) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
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(ii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of the alpine resort;
(c) a person entering the alpine resort during the
off-season who is not given a reasonable
opportunity to pay the fee for access and use
of the areas in the alpine resort set aside by
or under regulations made under the Act for
public use;
(d) a person travelling directly through the
alpine resort to a place outside that resort;
(e) a member, employee, agent or contractor of
the Council or the relevant Board of the
alpine resort who is acting in the course of
his or her duties as such a member,
employee, agent or contractor in the alpine
resort;
(f) an authorised officer who is acting in the
course of his or her duties as such an officer
in the alpine resort;
(g) a person who has entered the alpine resort at
the request of the Board for the purpose of
assisting the Board in search and rescue
activities.
20 Board may reduce or waive fees for access or use of
alpine resorts
A relevant Board may determine to reduce or
waive a fee determined under this Division that is
payable for a person to access or use areas in the
alpine resort for which that Board is responsible if
the Board is satisfied that—
(a) the person is in the course of conducting
official business with the Board; or
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(b) the person has been invited by the Board (in
the course of carrying out its functions) to
enter the resort; or
(c) in respect of any day, a fee has already been
paid on that day for that person to access or
use areas in another alpine resort; or
(d) the person is a pilot of a helicopter that has
entered the alpine resort for the purpose of
bringing other persons to the resort to access
or use areas in the resort.
Division 2—Helicopter entry permits
21 Board may issue helicopter entry permit
(1) The relevant Board may issue a permit authorising
entry by a helicopter into the alpine resort for
which that Board is responsible.
(2) A person in charge of a helicopter must not enter
an alpine resort in the helicopter unless the person
is the holder of a current valid helicopter entry
permit.
Penalty: 20 penalty units.
(3) Subregulation (2) does not apply to a person
who—
(a) lands a helicopter in an alpine resort in an
emergency; or
(b) lands a helicopter in an alpine resort in the
course of rescue or safety operations or
exercises; or
(c) is otherwise authorised to enter the alpine
resort without a permit under—
(i) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
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(ii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
(4) A helicopter entry permit—
(a) may authorise entry to the alpine resort that
is specified in the permit by the helicopter
specified in the permit; and
(b) is subject to the condition that the helicopter
lands in an area that has been set aside as an
area where the landing of helicopters is
permitted under regulation 10; and
(c) is subject to any other conditions specified in
the permit.
(5) A person must comply with a helicopter entry
permit.
Penalty: 20 penalty units.
Division 3—Permits to use areas set aside for public use
22 Board may issue cross country ski trail permit
(1) On payment of a fee determined by the Board
under regulation 23, the relevant Board may issue
a permit authorising the use of cross country ski
trails in the alpine resort for which that Board is
responsible.
(2) A person must not use a cross country ski trail in
an alpine resort unless that person is the holder of
a current valid cross country ski trail permit.
Penalty: 5 penalty units.
(3) Subregulation (2) does not apply to a person who
uses a cross country ski trail without a cross
country ski trail permit if that person is a child
aged less than 5 years.
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(4) A cross country ski trail permit—
(a) may authorise the use of cross country ski
trails in that alpine resort; and
(b) may apply for the whole of the snow season
or any part of the snow season as specified in
the permit; and
(c) is subject to any other conditions specified in
the permit.
(5) A person must comply with a cross country ski
trail permit.
Penalty: 5 penalty units.
23 Board may determine fee for cross country ski trail
permit
(1) The relevant Board may determine the fee for a
cross country ski trail permit for the use of cross
country ski trails in the alpine resort for which that
Board is responsible.
(2) A fee determined by a Board under subregulation
(1) must not exceed, for a cross country ski trail
permit of the type specified in column 2 of the
Table in Schedule 2—
(a) to use cross country ski trails in that alpine
resort for a day during the snow season, the
amount specified in column 3 of the Table in
that Schedule; or
(b) to use cross country ski trails in that alpine
resort for that snow season, the amount
specified in column 4 of the Table in that
Schedule.
(3) In determining a fee under subregulation (1), a
Board must take into account—
(a) commercial and marketing considerations;
(b) seasonal conditions;
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(c) whether the permit is for mid-week use or
weekend use;
(d) whether the persons to whom the permit is to
be issued are—
(i) school children on an official group
visit arranged with the relevant Board;
or
(ii) eligible pensioners within the meaning
of the State Concessions Act 2004.
24 Board may reduce or waive fee for use of cross
country ski trail
The relevant Board may reduce or waive the fee
payable for a season permit for the use of a cross
country ski trail in the alpine resort for which that
Board is responsible if the person applying for
that permit holds a season permit for the use of a
cross country ski trail in another alpine resort for
that snow season.
25 Board may issue four wheel drive vehicle permit
(1) On payment of a fee determined by the Board
under regulation 26, the relevant Board may issue
a permit authorising the use of a four wheel drive
vehicle for access to or access to and parking in,
areas that have been set aside as areas where
access by four wheel drive vehicles is permitted in
the alpine resort for which that Board is
responsible.
(2) A person must not, during the snow season, use or
park a vehicle in an area in an alpine resort that
has been set aside as an area where access by four
wheel drive vehicles is permitted unless that
vehicle is a four wheel drive vehicle in respect of
which a four wheel drive vehicle permit has been
issued.
Penalty: 20 penalty units.
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(3) Subregulation (2) does not apply to a person who
uses or parks a vehicle in an area of an alpine
resort set aside where access by four wheel drive
vehicles is permitted in accordance with—
(a) a lease, licence or other agreement issued
under this Act or a corresponding previous
enactment; or
(b) a lease or licence issued under the Crown
Land (Reserves) Act 1978 in respect of an
alpine resort.
(4) A four wheel drive vehicle permit—
(a) may authorise the use by the vehicle
specified in the permit (or other four wheel
drive vehicle in the case of a transferable
permit) for access to, or access to and
parking in the areas in that alpine resort that
have been set aside as areas where access by
four wheel drive vehicles is permitted; and
(b) may specify that the permit is, or is not,
transferable to other vehicles; and
(c) applies for the snow season that is specified
in the permit; and
(d) is subject to any other conditions specified in
the permit.
(5) A person must comply with a four wheel drive
vehicle permit.
Penalty: 20 penalty units.
26 Board may determine fee for four wheel drive
vehicle permit
(1) The relevant Board may determine the fee for a
four wheel drive vehicle permit for the alpine
resort for which that Board is responsible.
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(2) A fee determined by a Board under
subregulation (1) must not exceed—
(a) for a four wheel drive permit allowing access
to a Village, $286.00; and
(b) for a permit allowing access to and parking
in a Village, being a four wheel drive
(transferable) permit, $1650.00; and
(c) for a four wheel drive permit allowing access
to and parking in a Village, $495.00.
(3) In determining a fee under subregulation (1), a
Board must take into account—
(a) commercial and marketing considerations;
(b) whether the vehicle is being used for
commercial or private purposes;
(c) the manner and the places in which the
vehicle may be used or parked.
27 Board may issue a permit for use of vehicle for
access etc. in certain areas
(1) On payment of a fee determined by the Board
under regulation 28, the relevant Board may issue
a permit authorising the use of a vehicle for access
to, or access to and parking in, an area which has
been set aside under regulation 10(1)(e) in the
alpine resort for which that Board is responsible
and which area is specified in the permit.
(2) A person must not, during the snow season—
(a) use a vehicle for access to; or
(b) park a vehicle in—
an area set aside under regulation 10(1)(e) unless
that vehicle is a vehicle in respect of which a
permit has been issued under subregulation (1).
Penalty: 20 penalty units.
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(3) Subregulation (2) does not apply to a person who
uses or parks a vehicle in an area of an alpine
resort set aside under regulation 10(1)(e) in
accordance with—
(a) a lease, licence or other agreement issued
under the Act or a corresponding previous
enactment; or
(b) a lease or licence issued under the Crown
Land (Reserves) Act 1978 in respect of an
alpine resort.
(4) A vehicle permit issued under this regulation—
(a) may authorise the use by the vehicle
specified in the permit (or other vehicle in
the case of a transferable permit) for access
to, or access to and parking in the areas in
that alpine resort that have been set aside as
areas where access by those classes of
vehicles is permitted; and
(b) may specify that the permit is, or is not,
transferable to other vehicles; and
(c) applies for the snow season that is specified
in the permit; and
(d) is subject to any other conditions specified in
the permit.
(5) A person must comply with a vehicle permit
issued under this regulation.
Penalty: 20 penalty units.
(6) This regulation does not apply to a vehicle which
is a bicycle.
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28 Board may determine fee for vehicle permit under
regulation 27
(1) The relevant Board may determine the fee for a
vehicle permit under regulation 27 for the alpine
resort for which that Board is responsible.
(2) A fee determined by a Board under
subregulation (1) must not exceed—
(a) for a permit allowing access to a Village,
$286.00; and
(b) for a permit allowing access to and parking
in a Village, being a permit which is
transferable to another vehicle, $1650.00;
and
(c) for a permit allowing access to and parking
in the Village, $495.00.
(3) In determining a fee under subregulation (1), a
Board must take into account—
(a) commercial and marketing considerations;
(b) whether the vehicle is being used for
commercial or private purposes;
(c) the manner and the places in which the
vehicle may be used or parked.
29 Board may issue camping permit
(1) On payment of a fee determined by the Board
under regulation 30, the relevant Board may issue
a permit authorising the use of an area set aside in
the alpine resort for camping in the alpine resort
for which that Board is responsible.
(2) A camping permit—
(a) may authorise the use of an area or areas that
have been set aside for camping in the alpine
resort that is specified in the permit and by
the person specified in the permit; and
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(b) applies for the period that is specified in the
permit; and
(c) is subject to any other conditions specified in
the permit.
(3) A person must comply with a camping permit.
Penalty: 5 penalty units.
30 Board may determine fee for camping permit
(1) The relevant Board may determine a fee for a
camping permit to camp in the alpine resort for
which that Board is responsible.
(2) A fee determined by a Board under
subregulation (1) must not exceed $3.30 per day
for each person to which that permit applies.
(3) In determining a fee under subregulation (1), a
Board must take into account—
(a) commercial and marketing considerations;
(b) seasonal conditions.
31 Board may issue oversnow vehicle permit
(1) On payment of a fee of $20.00, the relevant Board
may issue a permit authorising the use of an
oversnow vehicle in areas that have been set aside
as areas where the use of oversnow vehicles is
permitted in the alpine resort for which that Board
is responsible.
(2) A person must not use an oversnow vehicle in an
alpine resort unless a permit has been issued under
subregulation (1) in respect of that oversnow
vehicle.
Penalty: 20 penalty units.
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(3) An oversnow vehicle permit—
(a) may authorise the use of an oversnow
vehicle specified in the permit in areas of
that alpine resort that have been set aside as
areas where the use of oversnow vehicles is
permitted; and
(b) applies for the snow season that is specified
in the permit; and
(c) is subject to any other conditions specified in
the permit.
(4) A person must comply with an oversnow vehicle
permit.
Penalty: 20 penalty units.
32 Board may waive fee for permit for use of oversnow
vehicle
If a person is required, under the terms or
conditions of an authority or an agreement with
the relevant Board, to provide oversnow vehicles
in connection with the purposes of that authority
or agreement, the Board may reduce or waive the
fee for the issue of a permit for the use of one or
more oversnow vehicles in that alpine resort.
Division 4—General matters relating to entry and permits
33 All permits to be affixed to vehicle
A person who uses a vehicle or an oversnow
vehicle for which a permit has been issued under
this Part must take reasonable steps to ensure that
the permit remains affixed to the windscreen, side
window or other prominent place of the vehicle to
which the permit relates at all times while the
vehicle is within the alpine resort.
Penalty: 5 penalty units.
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34 Board may issue replacement permit
(1) If a permit under this Part is lost, stolen or
damaged, the person to whom the permit was
issued may apply in writing for a replacement
permit to the Board which issued the permit.
(2) An application under subregulation (1) must be
accompanied by a fee of $20.00.
(3) On receipt of an application in accordance with
subregulations (1) and (2), the relevant Board may
issue a replacement permit.
__________________
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PART 4—GENERAL USE AND CONTROL OF ALPINE
RESORTS
35 Offence relating to entry and use of certain areas
(1) Subject to the Act and these Regulations, a person
must comply with a determination of a Board
under regulation 8, 9 or 10.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
does not comply with a determination—
(a) pursuant to an authority; or
(b) pursuant to—
(i) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
(ii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
36 Behaviour
A person must not, in an alpine resort, behave in a
riotous, indecent, offensive, threatening, abusive
or insulting manner or in a manner that is likely to
cause danger or unreasonable disturbance to other
persons.
Penalty: 20 penalty units.
37 Damaging or defacing property etc.
(1) A person must not in an alpine resort intentionally
deface or damage—
(a) any natural rock surface or flora; or
(b) a building, seat, table, post, fence, tower,
railing, pillar or other structure; or
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(c) any skiing facilities, equipment or property
of a Board.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
undertakes an activity specified in that
subregulation—
(a) in accordance with an authority; or
(b) in accordance with—
(i) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
(ii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
38 Games and activities
(1) A person must not in an alpine resort—
(a) throw a stone or missile; or
(b) play a game; or
(c) take part in any activity—
in a manner which is intended to cause danger,
injury or unreasonable disturbance to any other
person.
Penalty: 20 penalty units.
(2) A person must not in an alpine resort—
(a) throw a stone or missile; or
(b) play a game—
in a manner that is likely to damage any
equipment, structure, flora or natural rock surface.
Penalty: 20 penalty units.
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39 Alcohol
A person must not possess or consume alcohol in
an area that the Board has determined is an area
set aside for public use in which the possession or
consumption of alcohol is prohibited.
Penalty: 5 penalty units.
40 Camping
(1) A person must not, in an alpine resort, camp, erect
a tent or use a caravan or other mobile structure
for camping unless he or she—
(a) is the holder of a current valid camping
permit; and
(b) does so in an area that has been set aside as
an area where camping is permitted under
regulation 10.
Penalty: 5 penalty units.
(2) Subregulation (1) does not apply to a person who
camps or erects a tent in any alpine resort in an
emergency.
41 Hygiene and use of fireplaces
(1) A person who camps in or occupies a camping
area or other amenity or uses a fireplace in an
alpine resort must—
(a) maintain the site occupied in a clean and tidy
condition at all times; and
(b) before vacating a site that has been used or
occupied by that person, clear and remove all
litter from the site and extinguish any fires;
and
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(c) camp not less than 20 metres from any river,
stream, well, spring, creek, lake, lagoon,
swamp, marsh, dam, bore or watercourse;
and
(d) dispose of any soap, detergent or similar
substance not less than 50 metres from any
river, stream, well, spring, creek, lake,
lagoon, swamp, marsh, dam, bore or
watercourse; and
(e) not use any soap, detergent or similar
substance in any river, stream, well, spring,
creek, lake, lagoon, swamp, marsh, dam,
bore or watercourse.
Penalty: 20 penalty units.
(2) A person in an alpine resort in which toilet
facilities are not readily accessible must bury all
faeces not less than 100 metres from any river,
stream, creek, lake, lagoon, swamp, marsh, well,
spring, dam, bore or watercourse.
Penalty: 20 penalty units.
42 Dogs
(1) A person must not—
(a) bring a dog into an alpine resort; or
(b) allow a dog under that person's control to
enter or remain in an alpine resort.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who,
in accordance with—
(a) an authority; or
(b) a lease, licence or other agreement issued
under the Act or a corresponding previous
enactment; or
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(c) a lease or licence issued under the Crown
Land (Reserves) Act 1978 in respect of an
alpine resort—
brings or allows a dog under his or her control to
enter or remain in an alpine resort, if the dog—
(d) is kept on a leash and is under that person's
effective control at all times; or
(e) is restrained from causing—
(i) danger or unreasonable disturbance to
other persons; and
(ii) damage or interference to property; and
(iii) disturbance or injury to wildlife.
(3) Subregulation (1) does not apply to a person who
brings or allows a dog under his or her control to
enter or remain in an alpine resort if the person—
(a) is visually or hearing impaired and is using
that dog as a guide dog; or
(b) is transporting a dog through an alpine resort
in a vehicle.
43 Horses and camels
(1) A person must not ride, bring or lead a horse or
camel into an alpine resort or allow a horse or
camel under that person's control to enter or
remain in an alpine resort.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
rides, brings or leads a horse or camel in an alpine
resort—
(a) in an area set aside under regulation 10 as an
area where horses or camels are permitted;
and
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(b) in accordance with—
(i) an authority; or
(ii) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
(iii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
(3) Subregulation (1) does not apply to a person who
rides, brings or leads a horse or camel in an alpine
resort—
(a) for the sole purpose of mustering or droving
cattle through an alpine resort; or
(b) if the person is transporting horses or camels
through an alpine resort in a vehicle.
(4) A person who rides, brings or leads a horse or
camel in an alpine resort in accordance with
subregulation (2) or (3) must do so in a manner
that does not endanger any other person or animal.
Penalty: 20 penalty units.
44 Other animals
(1) A person must not—
(a) bring any animal into an alpine resort other
than a dog brought into an alpine resort in
accordance with regulation 42 or a horse or
camel in accordance with regulation 43; or
(b) allow an animal (other than a dog, horse or
camel) under his or her control to remain in
an alpine resort.
Penalty: 20 penalty units.
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(2) Subregulation (1) does not apply to a person who
brings or allows to remain in an alpine resort, an
animal other than a horse, dog or camel—
(a) if the person is a drover in charge of cattle,
who is passing through an alpine resort with
those cattle; or
(b) if the person is transporting the animal
through an alpine resort in a vehicle; or
(c) if the person is acting in accordance with—
(i) an authority; or
(ii) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
(iii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
45 Apiculture
(1) A person must not keep an apiary in an alpine
resort.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
keeps an apiary in accordance with a licence
issued under the Crown Land (Reserves) Act
1978.
46 Firearms and other weapons
(1) A person must not in an alpine resort—
(a) carry or discharge a firearm or bow; or
(b) carry or discharge a missile, explosive or
firework.
Penalty: 20 penalty units.
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(2) Subregulation (1) does not apply to a person
who—
(a) carries or discharges a firearm, bow, missile,
explosive or firework—
(i) if the person is a member of the police
force acting in the course of his or her
duty; or
(ii) if the person is participating in safety or
rescue operations or exercises; or
(iii) in accordance with an authority; or
(b) discharges a flare in an emergency.
47 Skiing and snowplay in certain areas
A person must not ski or use a snowboard or
engage in other snowplay activities in an area that
the Board has determined is an area set aside for
public use in which those activities are prohibited.
Penalty: 20 penalty units.
48 Use of toboggans, sleds, ski-bobs or inflatable
devices
(1) A person must not in an alpine resort use a
toboggan, sled, ski-bob or inflatable device.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
uses a toboggan, sled or inflatable device in an
alpine resort in an area that has been set aside
under regulation 10 where the use of those devices
is permitted.
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49 Ski equipment to be fitted with certain mechanisms
(1) A person who uses skis, a snowboard or other
device for skiing in an alpine resort, must ensure
that it is fitted with a strap or other mechanism
that is designed for and capable of stopping the
skis, snowboard or other device if it becomes
unattached from the skier.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to a person who
uses cross country skis or a snowboard that is
attached to the skier by a mechanism incapable of
automatic release.
50 Use of ski lifts
(1) A person must not in an alpine resort—
(a) embark on or disembark from a ski lift other
than at the place where the ski lift
commences or finishes; or
(b) throw or drop any object from a ski lift; or
(c) while on or embarking on or disembarking
from a ski lift, behave in a manner—
(i) that is likely to interfere with the safe
operation of the ski lift; or
(ii) that is likely to cause danger to any
other person; or
(d) place in an uphill track of a J-bar, T-bar,
platter pull, rope tow or any other surface
lift, any object that could cause another skier
to fall; or
(e) embark on a ski lift that is indicated by signs
to be closed at that time.
Penalty: 20 penalty units.
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(2) Subregulation (1) (a) does not apply to a person
who embarks on or disembarks from a ski lift—
(a) in the event of a stoppage of the ski lift and
under the instruction of the ski lift operator;
or
(b) in an emergency.
51 Hang-gliding, parasailing and paragliding, landing
of aircraft and by parachute
(1) A person must not in an alpine resort—
(a) land an aircraft (other than a helicopter); or
(b) land by parachute or deliver any person or
thing by aircraft or other means by air; or
(c) take part in hang-gliding, parasailing or
paragliding.
Penalty: 20 penalty units.
(2) Paragraphs (a) and (b) of subregulation (1) do not
apply to a person who lands an aircraft or
parachute—
(a) in an emergency; or
(b) in the course of rescue or safety operations
or exercises; or
(c) in accordance with—
(i) an authority; or
(ii) a lease, licence or other agreement
issued under the Act or a corresponding
previous enactment; or
(iii) a lease or licence issued under the
Crown Land (Reserves) Act 1978 in
respect of an alpine resort.
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(3) Subregulation (1)(c) does not apply to a person
who takes part in hang-gliding, parasailing
or paragliding in an area set aside under
regulation 10 as an area where those activities are
permitted.
52 Offences relating to roads, works, etc. in an alpine
resort
(1) A person must not place any obstruction across a
road in an alpine resort.
Penalty: 20 penalty units.
(2) A person must not damage or obstruct any bridge,
sewer pipe, water pipe, gas pipe or any other
works of a Board on, over, under or along any
road in an alpine resort.
Penalty: 20 penalty units.
(3) A person must not in an alpine resort—
(a) remove or damage any sign, gate, barrier or
lock; or
(b) damage a road, ski trail or other area within
an alpine resort; or
(c) drive a vehicle beyond a locked gate or
barrier within an alpine resort.
Penalty: 20 penalty units.
(4) Subregulations (1), (2) or (3) do not apply to a
person who undertakes an activity specified in any
of those subregulations in accordance with—
(a) an authority; or
(b) a lease, licence or other agreement issued
under the Act or a corresponding previous
enactment; or
(c) a lease or licence issued under the Crown
Land (Reserves) Act 1978 in respect of an
alpine resort.
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53 Vehicles
(1) A person must not, in an alpine resort, park or
drive a vehicle so as to obstruct, impede or
interfere with the operations or works of a Board,
its employees or contractors.
Penalty: 20 penalty units.
(2) A person must not drive on, park or leave a
vehicle standing on any grassland or rehabilitated
surface in an alpine resort.
Penalty: 20 penalty units.
(3) A person must not drive on, park or leave a
vehicle standing on any area set aside as a cross
country ski trail in an alpine resort during the
snow season.
Penalty: 20 penalty units.
(4) Subregulations (2) and (3) do not apply to a
person who, in accordance with—
(a) an authority; or
(b) a lease, licence or other agreement issued
under the Act or a corresponding previous
enactment; or
(c) a lease or licence issued under the Crown
Land (Reserves) Act 1978 in respect of an
alpine resort—
drives on, parks or leaves a vehicle standing—
(d) on any grassland or rehabilitated surface; or
(e) on a cross country ski trail during the snow
season.
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54 Use of wheel chains on vehicles
(1) A person in charge of a vehicle who enters an
alpine resort must at all times during the snow
season, carry wheel chains suitable to be properly
fitted to that vehicle.
Penalty: 20 penalty units.
(2) An authorised officer may, at any time, for
reasons of safety or for the control or protection of
an alpine resort, direct a person in charge of a
vehicle to ensure that wheel chains are properly
fitted to the drive wheels of that vehicle or, in the
case of a four wheel drive vehicle, to either the
front or rear wheels of that vehicle.
(3) A person in charge of a vehicle entering or in an
alpine resort during the snow season must, when
directed to do so by an authorised officer under
subregulation (2), ensure that wheel chains are
properly fitted to the vehicle in the manner
directed by that officer.
Penalty: 20 penalty units.
55 Prescribed Board may waive carrying of wheel
chains on certain days
(1) A prescribed Board may determine that
regulation 54 does not apply to day visitors on a
specified day in an alpine resort for which the
Board is responsible.
(2) The prescribed Board may make a determination
under subregulation (1) on the day specified in the
determination or on the day prior to that day in
relation to either—
(a) all vehicles, when entering or remaining in
the alpine resort; or
(b) those classes of vehicles that are specified in
the determination, when entering or
remaining in the alpine resort.
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(3) In making a determination under
subregulation (1), the prescribed Board must take
into account public safety considerations,
including—
(a) the general conditions of the roads; and
(b) the extent of any snow or ice on the roads;
and
(c) the latest available weather forecasts.
(4) The prescribed Board must ensure that signs or
notices informing the public of a determination
made under subregulation (1), including any
details relating to the determination, are displayed
adjacent to roads within the alpine resort in such a
place and manner that those details are reasonably
likely to be seen by any person affected by them.
56 Authorised officer may request person to leave area
in an alpine resort
(1) An authorised officer may, if satisfied on
reasonable grounds that a person, in an area in an
alpine resort to which entry has been prohibited
under regulation 8, has contravened or is
contravening regulation 35, request that person to
leave that area.
(2) An authorised officer may, if satisfied on
reasonable grounds that it is in the interests of
safety to do so, request a person to leave an area
in an alpine resort that has been set aside for
public use under regulation 10.
(3) A person must comply with a request of an
authorised officer under subregulation (1) or (2).
Penalty: 5 penalty units.
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57 Authorised officer may direct person to cease doing
an activity in an alpine resort
(1) An authorised officer may, if satisfied on
reasonable grounds that it is in the interests of
safety to do so, direct a person who, in an alpine
resort, undertakes any activity that is permitted in
that alpine resort, to cease doing that activity
immediately.
(2) A person must comply with a direction of an
authorised officer under subregulation (1).
Penalty: 20 penalty units.
58 Powers of authorised officers in relation to vehicles
(1) An authorised officer may, if satisfied on
reasonable grounds that it is in the interests of
safety to do so, or for the management, protection
or control of an alpine resort, give directions to a
person in charge of a vehicle in relation to the
movement, direction, speed, stopping or parking
of the vehicle in an alpine resort.
(2) A person driving or in charge of a vehicle on a
road or track in an alpine resort must immediately
comply with a direction of an authorised officer in
relation to the movement, direction, speed,
stopping or parking of the vehicle, given under
subregulation (1).
Penalty: 20 penalty units.
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r. 57
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Part 5—Revocation
Alpine Resorts (Management) Interim Regulations 2009
S.R. No. 47/2009
42
PART 5—REVOCATION
59 Revocation
These Regulations are revoked on 4 November
2009.
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r. 59
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Alpine Resorts (Management) Interim Regulations 2009
S.R. No. 47/2009
43
SCHEDULES
SCHEDULE 1
REVOKED REGULATIONS
S.R. No. Title
71/2000 Alpine Resorts (Management) (Fees) Regulations 2000
31/2005 Alpine Resorts (Management) (Amendment) Regulations
2005
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Sch. 1
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Alpine Resorts (Management) Interim Regulations 2009
S.R. No. 47/2009
44
SCHEDULE 2
Regulation 23(2)
FEES FOR CROSS COUNTRY SKI TRAIL PERMIT
Column 1 Column 2 Column 3 Column 4
Item No. Type of permit
Maximum fee
for daily permit
Maximum fee for
season permit
(if applicable)
1 Family (up to 6 people
with a maximum of
2 adults)
$22.00 $264.00
2 Adult $8.80 $110.00
3 Child (aged between
5 and 17 years)
$4.40 $55.00
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Sch. 2 Endnotes
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