Forests (You Yangs Regional Park) Regulations 2003

i Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 6. Application of Regulations 2 PART 2—MANAGEMENT 4 7. Committee authority 4 8. Restriction of entry 4 9. Setting aside areas for specific purposes 4 10. Directions to leave the park 6 PART 3—OFFENCES 7 11. Offence to enter or remain in park when closed 7 12. Lighting of fires 7 13. Prohibited activities 8 14. Prohibited behaviour 8 15. Construction and excavation activities 9 16. Disturbance of flora and fauna or other natural objects 9 17. Vehicles 10 18. Camping 11 19. Rock climbing, etc. 11 20. Dogs 11 21. Horses 12 22. Other animals 12 23. Commercial activities 13 24. Events and functions 14 __________________ -- 1 of 18 -- Regulation Page ii SCHEDULE—You Yangs Regional Park 15 ═══════════════ ENDNOTES 16 -- 2 of 18 -- 1 STATUTORY RULES 2003 S.R. No. 42/2003 Forests Act 1958 Forests (You Yangs Regional Park) Regulations 2003 The Governor in Council makes the following Regulations: Dated: 27 May 2003 Responsible Minister: JOHN THWAITES Minister for Environment BRIAN TUKE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to provide for the care, protection and management of the You Yangs Regional Park. 2. Authorising provisions These Regulations are made under sections 50, 99 and 99A of the Forests Act 1958. 3. Commencement These Regulations come into operation on 1 June 2003. -- 3 of 18 -- Part 1—Preliminary Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 2 4. Revocation The following regulations are revoked (a) the Forests (You Yangs Regional Park) Regulations 1992 1 ; (b) the Forests (You Yangs Regional Park) (Amendment) Regulations 19942 . 5. Definitions In these Regulations— "Act" means Forests Act 1958; "Committee" means committee of management as appointed from time to time in respect of the park under section 50(3)(a) of the Act; "park" means the land set aside and declared under section 50(1) of the Act to be a regional park and shown on the plan in the Schedule; "vehicle" has the same meaning as in the Road Safety Act 1986. 6. Application of Regulations (1) These Regulations do not apply to (a) an employee or contractor of the Secretary or Committee acting in accordance with his, her or its duties and responsibilities; (b) an authorised officer acting in the course of that officer's duties and responsibilities; (c) a person acting in the course of carrying out volunteer works in the park, if the works are authorised by the Committee, the worker is acting under the supervision of an employee or contractor of the Secretary or Committee and the worker is not acting outside his or her duties and responsibilities as a volunteer worker in the park. r. 4 -- 4 of 18 -- Part 1—Preliminary Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 3 (2) The holder of any lease, licence or permit granted under the Act with respect to the park or his or her employees, agents or contractors may enter any part of the park for the purpose of engaging in activities authorised by that lease, licence or permit. __________________ r. 6 -- 5 of 18 -- Part 2—Management Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 4 PART 2—MANAGEMENT 7. Committee authority (1) The Committee must care for, protect and manage the park. (2) If the regulations confer or impose a power, function or duty on the Committee, the Committee must consider the care, protection and management of the park in the exercise of that power, function or duty. 8. Restriction of entry (1) The Committee or an authorised officer may determine that, in the interests of public safety within the park, the park or any part of the park will be temporarily closed to the public. (2) The Committee may close the park or part of the park to which a determination under sub- regulation (1) applies. (3) The Committee, as far as practicable, must ensure that signs setting out details of a determination made under sub-regulation (1) are displayed, in such a place and manner that the details are reasonably likely to be seen by persons affected by them— (a) at the entrance to or near the areas affected by the determination; and (b) at the entrances to the park. 9. Setting aside areas for specific purposes (1) The Committee may determine that a part of the park be set aside as an area— (a) where the riding, driving, leading or bathing of horses is permitted; r. 7 -- 6 of 18 -- Part 2—Management Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 5 (b) in which vehicles or vehicles of a particular class may only travel in a specified direction or at no more than a specified speed; (c) where the parking of vehicles or vehicles of a particular class is permitted; (d) for the protection of cultural sites and relics and where the entry of persons is prohibited or restricted; (e) for the protection of flora and fauna and where the entry of persons is prohibited or restricted; (f) where fishing or yabbying is permitted; (g) where the lighting or maintaining of fires or the lighting or maintaining of fires of a specified type is permitted; (h) where rock climbing, abseiling or other similar activities are permitted; (i) where dogs are prohibited; (j) for any other purpose in connection with the care, protection and management of the park or for the safety of visitors. (2) The Committee may determine that entry or access to or through any area within the park is to be prohibited or restricted for vehicles generally or vehicles of a particular class. (3) A determination under sub-regulation (1) may specify the times or periods during which the area may or may not be used for the purposes for which it has been set aside. (4) A determination under sub-regulation (2) may specify the times or periods during which entry or access to or through any area within the park is prohibited or restricted. r. 9 -- 7 of 18 -- Part 2—Management Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 6 (5) The Committee must ensure that signs setting out details of a determination made under sub- regulation (1) or (2) are displayed, in such a place and manner that the details are reasonably likely to be seen by persons affected by them— (a) at the entrance to or near the areas affected by the determination; and (b) at the entrances to the park. 10. Directions to leave the park (1) If an authorised officer reasonably believes that a person has contravened these Regulations, the officer may direct that person to leave the park or a part of the park. (2) An authorised officer may, for the reason of safety of persons within the park or for the protection of the park or for the preservation of good order and decency, direct members of the public to leave the park or a part of the park. __________________ r. 10 -- 8 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 7 PART 3—OFFENCES 11. Offence to enter or remain in park when closed (1) A person must not, in contravention of a determination displayed in accordance with regulation 8(3) or 9(5)— (a) enter or remain in the park when it has been closed to the public under regulation 8; or (b) enter an area within the park to which access has been prohibited or restricted under regulation 9(1)(d) or 9(1)(e). Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who acts in accordance with a written authority of the Committee who undertakes an activity referred to in that sub-regulation to the extent that the authority allows that activity. 12. Lighting of fires (1) A person must not light, kindle or maintain a fire within the park. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who lights, kindles or maintains a fire— (a) in a fixed fireplace provided by the Committee; or (b) in an area set aside by the Committee for lighting or maintaining fires or the lighting or maintaining of fires of a specified type. r. 11 -- 9 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 8 13. Prohibited activities (1) A person must not, within the park— (a) intentionally or recklessly mark, write on, deface, damage or destroy any structure, facility or equipment; or (b) carry, use or discharge any firearm, long- bow or cross bow; or (c) keep an apiary; or (d) put up any sign; or (e) take part in hang gliding or paragliding. Penalty: 10 penalty units. (2) Sub-regulations (1)(a), (1)(b) and (1)(d) do not apply to a person acting in accordance with a written authority of the Committee who undertakes an activity referred to in the relevant provision to the extent that the authority allows that activity. (3) Sub-regulation (1)(c) does not apply to a person acting in accordance with a lease, licence or permit under the Act who undertakes the activity referred to in that provision to the extent that the lease, licence or permit allows that activity. 14. Prohibited behaviour (1) A person must not, within the park— (a) behave in a manner likely to cause danger to any person or be dangerous to public health; or (b) cause or produce noise likely to cause unreasonable disturbance to any person. Penalty: 10 penalty units. r. 13 -- 10 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 9 (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee who undertakes an activity referred to in that sub-regulation to the extent that the authority allows that activity. 15. Construction and excavation activities (1) A person must not— (a) within the park construct any building or permanent structure or improvement; or (b) within the park excavate, dig or remove any soil, rocks or stones; or (c) knowingly bring into the park any soil, rocks or stones. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee or a lease, licence or permit under the Act who undertakes an activity referred to in that sub-regulation to the extent that the authority, lease, licence or permit allows that activity. 16. Disturbance of flora and fauna or other natural objects (1) A person must not, within the park— (a) intentionally or recklessly remove, cut or damage a tree or other plant; or (b) knowingly bring into or plant in the park any seed, fern, tree or other plant; or (c) knowingly disturb, interfere with or destroy an animal (including a fish, bird or yabby); or (d) knowingly disturb, interfere with or destroy the lair or nest of an animal (including a fish, bird or yabby); or r. 15 -- 11 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 10 (e) knowingly disturb, damage, interfere with or destroy a natural object. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee or a lease, licence or permit under the Act who undertakes an activity referred to in that sub-regulation to the extent that the authority, lease, licence or permit allows that activity. (3) Sub-regulation (1)(a) does not apply to a tree or other plant that is a noxious weed within the meaning of the Catchment and Land Protection Act 1994. (4) In relation to fish or yabbies, sub-regulations (1)(c) and (1)(d) do not apply to a person who is fishing or yabbying in an area set aside by the Committee for fishing or yabbying. 17. Vehicles (1) A person must not bring a vehicle or a vehicle of a particular class into an area set aside by the Committee as an area where vehicles generally or vehicles of that particular class are prohibited. Penalty: 10 penalty units. (2) A person must not drive a vehicle or a vehicle of a particular class in an area set aside under regulation 9(1)(c) in a direction contrary to, or at a speed in excess of, that specified for vehicles generally or for vehicles of that particular class. Penalty: 10 penalty units. (3) A person must not park a vehicle or a vehicle of a particular class other than in an area set aside for the parking of vehicles generally or vehicles of that particular class. Penalty: 10 penalty units. r. 17 -- 12 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 11 (4) A person must not park a vehicle in a manner that causes an obstruction to a person or vehicle using the park. Penalty: 10 penalty units. 18. Camping (1) A person must not— (a) reside or remain overnight in the park; or (b) camp or erect a tent or use a caravan or other mobile structure for camping in the park. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee. 19. Rock climbing, etc. (1) A person must not take part in rock climbing, abseiling or other similar activities in the park except in an area that is set aside by the Committee for those activities. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee who undertakes an activity referred to in that sub-regulation to the extent that the authority allows that activity. 20. Dogs (1) A person must not bring a dog into, or allow a dog under his or her control to remain in, an area of the park set aside by the Committee as an area where dogs are prohibited. Penalty: 10 penalty units. r. 18 -- 13 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 12 (2) A person must not bring a dog into, or allow a dog to remain in, the park unless the dog is— (a) on a leash, chain or cord which is suitable to restrain the dog; and (b) under the control of that person; and (c) restrained from causing unreasonable disturbance to persons or damage to or interference with property, animals or natural objects. Penalty: 10 penalty units. (3) A person who brings a dog into, or allows a dog under his or her control to enter or remain in the park, must pick up and remove from the park any faeces deposited by the dog. Penalty: 10 penalty units. (4) Sub-regulations (1), (2) and (3) do not apply to a disabled person who brings a dog into the park, or allows a dog to remain in the park, to assist that person with respect to that person's disability. 21. Horses A person must not ride, drive, lead or bathe a horse in the park except in an area set aside by the Committee for that purpose. Penalty: 10 penalty units. 22. Other animals (1) A person must not bring an animal, other than an animal brought into the park in accordance with regulation 20 or 21, into the park or allow any such animal under his or her control to enter or remain in the park. Penalty: 10 penalty units. r. 21 -- 14 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 13 (2) Sub-regulation (1) does not apply to a disabled person who brings an animal into the park to assist that person with respect to that person's disability. (3) A person who has brought or allowed an animal under his or her control to enter or remain in the park in contravention of these Regulations must not allow that animal to remain in the park after a request by the Secretary, a member of the Committee or an authorised officer to remove the animal from the park. Penalty: 10 penalty units. (4) An authorised officer may, if he or she is satisfied on reasonable grounds that an animal has been brought into or allowed to enter or remain in the park in contravention of these Regulations, and the animal is at large within the park, capture, shoot or destroy the animal speedily and without causing it unnecessary suffering. 23. Commercial activities (1) A person must not, within the park— (a) conduct a commercial activity or offer for sale or hire any article or service; or (b) distribute or display any handbills, pamphlets, books, papers or advertising matter or put up or leave any advertising placards or notices; or (c) use any amplifier, public address system, loud hailer or any similar device to deliver an address of a commercial nature; or (d) take photographs, film or videos for commercial purposes. Penalty: 20 penalty units. r. 23 -- 15 of 18 -- Part 3—Offences Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 14 (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee or a lease, licence or permit under the Act who undertakes an activity referred to in that sub-regulation to the extent that the authority, lease, licence or permit allows that activity. 24. Events and functions (1) A person must not, within the park, conduct an organised entertainment or sporting or recreational function, rally, festival, tour, fete or public meeting or similar event. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person acting in accordance with a written authority of the Committee who conducts an event or function referred to in that sub-regulation to the extent that the authority allows that event or function. __________________ r. 24 -- 16 of 18 -- Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 15 SCHEDULE YOU YANGS REGIONAL PARK PARISH OF WURDI-YOUANG ═══════════════ Sch. -- 17 of 18 -- Forests (You Yangs Regional Park) Regulations 2003 S.R. No. 42/2003 16 ENDNOTES 1 Reg. 4(a): S.R. No. 320/1992 as amended by S.R. No. 8/1994. Affected by S.R. No. 59/2000. 2 Reg. 4(b): S.R. No. 8/1994. Endnotes -- 18 of 18 --