Conservation, Forests and Lands (Infringement Notice) (Royal Botanic Gardens) Regulations 2005
i
Conservation, Forests and Lands (Infringement
Notice) (Royal Botanic Gardens) Regulations 2005
S.R. No. 172/2005
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 1
3. Amendments to Schedule 2 2
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1
STATUTORY RULES 2005
S.R. No. 172/2005
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement
Notice) (Royal Botanic Gardens) Regulations 2005
The Lieutenant-Governor, having assumed the administration
of the government of the State, with the advice of the
Executive Council, makes the following Regulations:
Dated: 20 December 2005
Responsible Minister:
JOHN THWAITES
Minister for Environment
RUTH LEACH
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend
Schedule 2 to the Conservation, Forests and Lands
(Infringement Notice) Regulations 2002—
(a) to prescribe further offences against a
relevant law for which an infringement
notice may be served;
(b) to prescribe penalties for those prescribed
offences;
(c) to make other changes.
2. Authorising provision
These Regulations are made under section 99 of
the Conservation, Forests and Lands Act 1987.
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Conservation, Forests and Lands (Infringement Notice) (Royal
Botanic Gardens) Regulations 2005
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3. Amendments to Schedule 2
In Schedule 2 to the Conservation, Forests and
Lands (Infringement Notice) Regulations 20021 —
(a) items 109 to 114 are revoked; and
(b) items 128 to 131 are revoked; and
(c) for items 132 to 152 substitute—
"
Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
132 6876 An offence under
section 50A(a) of
the Royal Botanic
Gardens Act 1991
4
penalty
units
take, destroy or
damage any item in
the State botanical
collection
133 6877 An offence under
section 50A(b) of
the Royal Botanic
Gardens Act 1991
4
penalty
units
take, destroy or
damage any flora
in the botanic
gardens
134 6878 An offence under
section 50A(c) of
the Royal Botanic
Gardens Act 1991
4
penalty
units
take, destroy or
injure any fauna in
the botanic gardens
135 6879 An offence under
section 50B(3)(b)
of the Royal
Botanic Gardens
Act 1991
1
penalty
unit
in response to a
request under
section 50B(1) of
the Royal Botanic
Gardens Act 1991
state a name that is
false in a material
detail
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
136 6880 An offence under
section 50B(3)(c)
of the Royal
Botanic Gardens
Act 1991
1
penalty
unit
in response to a
request under
section 50B(1) of
the Royal Botanic
Gardens Act 1991
state an address
that is not the full
and correct address
of his or her
ordinary place of
residence or
business
137 6881 An offence under
regulation 7(3) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
enter or remain in
any part of the
Gardens that is
closed to the public
other than when
attending a private
function approved
by the Board or
other than in
accordance with
the written
authority of the
Board
138 6882 An offence under
regulation 9(1)(a)
of the Royal
Botanic Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
climb upon any
plant whether alive
or dead other than
in accordance with
a determination of
the Board or a
written authority of
the Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
139 6883 An offence under
regulation 10(b) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
destroy or interfere
with the habitat of
any animal
including any nest,
bower, display
mound, lair or
burrow other than
in accordance with
the written
authority of the
Board
140 6884 An offence under
regulation 11 of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens, feed
or offer food or any
object as food to
any animal other
than in accordance
with the written
authority of the
Board
141 6885 An offence under
regulation 12(a) of
the Royal Botanic
Gardens
Regulations 2004
2
penalty
units
in the Gardens,
damage, deface,
remove or displace
any sign, structure,
facility, equipment
or natural feature
other than in
accordance with the
written authority of
the Board
142 6886 An offence under
regulation 12(b) of
the Royal Botanic
Gardens
Regulations 2004
2
penalty
units
in the Gardens, dig
up or remove any
soil, mulch, sand,
stone or similar
substance other
than in accordance
with the written
authority of the
Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
143 6887 An offence under
regulation 13(1)(a)
of the Royal
Botanic Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
camp or reside
other than in
accordance with the
written authority of
the Board
144 6888 An offence under
regulation 13(1)(b)
of the Royal
Botanic Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
occupy any
building that is not
set aside for public
use other than in
accordance with the
written authority of
the Board
145 6889 An offence under
regulation 13(1)(c)
of the Royal
Botanic Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
erect or occupy a
structure or cause a
structure to be
erected or occupied
other than in
accordance with the
written authority of
the Board
146 6890 An offence under
regulation 14(1) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
leave the lawns,
pathways, walking
tracks, roads or
other thoroughfares
in any area other
than under and in
accordance with the
written authority of
the Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
147 6891 An offence under
regulation 14(2) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
climb over, pass
under or break
through any gate,
fence, barrier or
hedge in order to
leave or enter the
Gardens
148 6892 An offence under
regulation 14(3) of
the Royal Botanic
Gardens
Regulations 2004
2
penalty
units
in the Gardens,
light any fire or use
any flame other
than in cooking
apparatus or other
equipment
approved by the
Board or with the
written authority of
the Board
149 6893 An offence under
regulation 15(1) of
the Royal Botanic
Gardens
Regulations 2004
2
penalty
units
in the Gardens,
possess, carry or
use any poison or
weapon, trap or
snare other than
under and in
accordance with the
written authority of
the Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
150 6894 An offence under
regulation 16(2) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
engage in a
recreational or
sporting activity in
contravention of a
determination of
the Board under
regulation 16(1) of
the Royal Botanic
Gardens
Regulations 2004
other than in
accordance with
regulation 16(2) of
those regulations
151 6895 An offence under
regulation 17(a) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
conduct an
organised
entertainment or
show other than
under and in
accordance with the
written authority of
the Board
152 6896 An offence under
regulation 17(b) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
conduct a festival,
tour, fete or public
meeting other than
under and in
accordance with the
written authority of
the Board
152A 6897 An offence under
regulation 17(c) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
conduct a
demonstration,
training class or
similar event other
than under and in
accordance with the
written authority of
the Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
152B 6898 An offence under
regulation 17(e) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
conduct a rally,
competition or
similar event other
than under and in
accordance with the
written authority of
the Board
152C 6899 An offence under
regulation 20(a) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
conduct a
commercial activity
or offer for sale or
hire any article or
service other than
when acting under
and in accordance
with the written
authority of the
Board
152D 6900 An offence under
regulation 20(b) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens, take
a photograph, make
a film or video or
make an image, a
drawing or a
painting for
commercial
purposes other than
when acting under
and in accordance
with the written
authority of the
Board
152E 6901 An offence under
regulation 21(a) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
solicit or collect
money other than
under and in
accordance with the
written authority of
the Board
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
152F 6902 An offence under
regulation 21(b) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
distribute or display
any handbills,
pamphlets, books,
papers or
advertising matter
or erect or display
any advertising
placard or notice
other than under
and in accordance
with the written
authority of the
Board
152G 6903 An offence under
regulation 22(3) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
fail to pick up and
remove from the
Gardens any faeces
deposited by a dog
that is brought by
the person into, or
that is under the
person's control and
that the person
allowed to enter or
remain in, the
Gardens
152H 6904 An offence under
regulation 23(1) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
bring an animal that
is not a dog into, or
allow that animal
under the person's
control to enter or
remain in, the
Gardens
152I 6905 An offence under
regulation 24(3)(a)
of the Royal
Botanic Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
park a vehicle in
contravention of a
determination under
regulation 24(1) of
the Royal Botanic
Gardens
Regulations 2004
r. 3
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Column 1
Item
Column 2
Identifying
Number
Column 3
Offences
Column 4
Penalty
Column 5
Summary of Offence
152J 6906 An offence under
regulation 24(4) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
in the Gardens,
drive a vehicle that
is not being
driven—
(a) on a public
access road; or
(b) in accordance
with a
determination
under
regulation
24(1) of the
Royal Botanic
Gardens
Regulations
2004; or
(c) under and in
accordance
with a written
authority of the
Board
152K 6907 An offence under
regulation 27(2) of
the Royal Botanic
Gardens
Regulations 2004
1
penalty
unit
enter the Australian
Garden without
having paid the fee
or concessional
charge (as the case
requires)
"; and
(d) items 195 to 212 are revoked.
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ENDNOTES
1 Reg. 3: S.R. No. 48/2002. Reprint No. 1 as at 14 December 2004
Reprinted to S.R. No. 172/2004 and subsequently amended by
S.R. No. 48/2005.
Endnotes
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