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National Parks (Fees and Charges) Regulations 2001

Legislation · Victoria · 2020
i National Parks (Fees and Charges) Regulations 2001 S.R. No. 146/2001 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 PART 2—OCCUPATION PERMITS AND USE OF FACILITIES 4 6. Sites not to be occupied without a permit 4 7. Facilities not to be used unless fee or charge paid 5 PART 3—ENTRY FEES 7 8. Fees for park entry—day passes 7 9. Payment of fees 9 10. Annual pass 9 11. National parks annual pass 9 12. Conditions applying to day, annual and national parks annual passes 10 13. Removal of vehicles from parks 10 14. Exemptions and discounts 11 __________________ SCHEDULES 12 SCHEDULE 1—Regulations revoked 12 SCHEDULE 2—Vehicle entry fees—day passes 13 SCHEDULE 3—Entry fees for people (day passes) 16 SCHEDULE 4—Entry fees—annual passes 17 ═══════════════ -- 1 of 18 -- 1 STATUTORY RULES 2001 S.R. No. 146/2001 National Parks Act 1975 National Parks (Fees and Charges) Regulations 2001 The Governor in Council makes the following Regulations: Dated: 11 December 2001 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is— (a) to require the payment of fees and charges for park occupation permits and the use of park services, facilities and goods; and (b) to set entry fees relating to certain parks. 2. Authorising provision These Regulations are made under section 48 of the National Parks Act 1975. 3. Commencement These Regulations come into operation on 18 December 2001. -- 2 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 2 4. Revocation The Regulations in Schedule 1 are revoked. 5. Definitions (1) In these Regulations— "Act" means the National Parks Act 1975; "annual pass" means a pass issued under regulation 10; "Baw Baw National Park–Mt St Gwinear area" means the part of the Baw Baw National Park accessed by the Mt St Gwinear Access Road between the Thompson Valley Road and the Mt St Gwinear car park; "car" means a motor vehicle having seats for up to 9 people; "large bus" means a motor vehicle having seats for 30 or more people; "Mornington Peninsula National Park–Ocean Beaches" means all of the following parts of the Mornington Peninsula National Park— (a) Portsea Ocean Beach, which is located at the end of Back Beach Road, Portsea; (b) Sorrento Ocean Beach, which is located at the end of the Ocean Beach Road, Sorrento; (c) Rye Ocean Beach, which is located at the southern end of Dundas Street, Rye; (d) Gunnamatta Ocean Beach, which is located at the end of Truemans Road, Rye; r. 4 -- 3 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 3 "Mornington Peninsula National Park–Point Nepean" means the part of the Mornington Peninsula National Park at the western end of Point Nepean Road; "national parks annual pass" means a pass issued under regulation 11; "park" includes part of a park; "small bus" means a motor vehicle with seats for more than 9 people and less than 30 people; "Yarra Ranges National Park–Mount Donna Buang area" means the part of the Yarra Ranges National Park accessed by the Mount Donna Buang Road leading to the summit of Mount Donna Buang. (2) A reference in any of these Regulations to a park, where a part of a park is identified for the purposes of the relevant regulation, is a reference to that part of the park. ______________ r. 5 -- 4 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 4 PART 2—OCCUPATION PERMITS AND USE OF FACILITIES 6. Sites not to be occupied without a permit (1) This regulation applies if— (a) it is determined under section 21 of the Act that a building, camping place or other facility that is erected, set apart or provided in a park is not to be occupied by a person unless the person is granted a permit by the Secretary under section 21(1)(a) of the Act; and (b) a fee or charge has been determined by the Minister under section 21(2) of the Act in respect of the permit. (2) A person must not occupy the building, camping place or other facility— (a) except in accordance with a permit granted under section 21(1)(a) of the Act; or (b) unless there was no reasonable opportunity for the person to obtain a permit. Penalty: 5 penalty units. (3) A person must not occupy the building, camping place or other facility unless— (a) the person has paid the fee or charge; or (b) there was no reasonable opportunity to pay the fee or charge. Penalty: 5 penalty units. r. 6 -- 5 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 5 (4) If the circumstances described in sub-regulation (3)(b) apply, the person must pay the fee or charge on being asked to do so by an authorised officer while the person is in the park. Penalty: 5 penalty units. (5) Sub-regulation (2)(b) does not apply in respect of a park during any period in which there is clearly displayed at the entrance to the park a sign or notice authorised by the Secretary that indicates that a person must not enter the park for the purposes of occupying a building, camping place or other facility, unless he or she has been granted a permit. (6) For the purposes of sub-regulation (3)(b), a person has a reasonable opportunity to pay a fee or charge at a site in a park at which 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— regardless of whether or not the person has the exact amount of money required for the fee or charge. 7. Facilities 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— (a) the person has paid that fee or charge; or (b) there was no reasonable opportunity for the person to pay the fee or charge. Penalty: 5 penalty units. r. 7 -- 6 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 6 (2) If the circumstances described in sub-regulation (1)(b) apply, the person must pay the fee or charge on being asked to do so by an authorised officer while the person is in the park. Penalty: 5 penalty units. _______________ r. 7 -- 7 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 7 PART 3—ENTRY FEES 8. Fees for park entry—day passes (1) A person entering a park listed in column 2 of Schedule 2 in a vehicle is liable to pay the relevant fee specified in Schedule 2. (2) A person entering the Mornington Peninsula National Park–Point Nepean is liable to pay the relevant fee specified in Schedule 3. (3) For the purposes of Schedule 3— (a) a child of or under 4 years of age is exempted from any fee; and (b) the family fee applies to 2 adults and up to 4 children aged 5 to 15 years. (4) A person is only liable to pay a fee once under this regulation in respect of entry into a park on a particular day. (5) Despite sub-regulation (4)— (a) a person who has paid a fee under sub- regulation (1) for entry to the Mornington Peninsula National Park–Ocean Beaches on a particular day is liable to pay another fee for entry to the Mornington Peninsula National Park–Point Nepean on that day; (b) a person who has paid a fee under sub- regulation (2) for entry to the Mornington Peninsula National Park–Point Nepean on a particular day is liable to pay another fee for entry to the Mornington Peninsula National Park–Ocean Beaches on that day. r. 8 -- 8 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 8 (6) The following people, when acting in the course of their duties, are not liable to pay a fee under this regulation— (a) a member of the police force; (b) an authorised officer; (c) a person employed under Part 3 of the Public Sector Management and Employment Act 1998 or an employee of Parks Victoria; (d) a person dealing with a fire or flood or other public emergency, when authorised to do so by or under an Act of Parliament. (7) The following people are not liable to pay a fee under sub-regulation (1)— (a) a person who holds a valid relevant annual pass or a national parks annual pass; or (b) a person who holds a permit to occupy a building, camping place or other facility granted under section 21(1)(a) of the Act that applies to the day the person enters the park; or (c) a person who holds a multiple day pass referred to in Schedule 2 that applies to the day the person enters the park; or (d) a person who is acting in accordance with a lease, licence, permit, authority or consent granted under the Act where that lease, licence, permit, authority or consent exempts that person from the payment of an entry fee; or (e) a contractor or other person carrying out work for, or acting on the instructions of, the Secretary of Parks Victoria; or r. 8 -- 9 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 9 (f) a supplier of goods or services carrying out work for a person referred to in paragraph (d). 9. Payment of fees (1) If a person is liable to pay a fee under regulation 8, the person must pay the fee— (a) on entering the park; or (b) if there is no reasonable opportunity for the person to pay the fee on entering the park, on being asked to do so by an authorised officer while the person is in the park. Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply to a person if arrangements have been made with the Secretary to pay the fee in some other way. 10. Annual pass (1) The Secretary may issue to a person a pass permitting the person to enter a park specified in Schedule 4 in a car or bus for each day in a period of 12 months commencing on the date of purchase of the pass. (2) The fee for the pass is the relevant fee set out in Schedule 4. 11. National parks annual pass (1) The Secretary may issue to a person a pass permitting the person to enter any park specified in items 1 to 7 in Schedule 2 in a car for each day in a period of 12 months commencing on the date of purchase of the pass. (2) The fee for the pass is $63.00. r. 9 -- 10 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 10 12. Conditions applying to day, annual and national parks annual passes (1) Neither a day pass, an annual pass nor a national parks annual pass authorises a person to leave a vehicle overnight in a park. (2) A day pass, an annual pass or a national parks annual pass covers, on any particular day, all the people in the vehicle accompanying the holder of the pass on that day. 13. Removal of vehicles from parks (1) A person who, on a particular day, brings a vehicle to a place in a park in respect of which a fee is payable under regulation 8 must remove that vehicle, or cause that vehicle to be removed, from the park— (a) before the closing time of the park on that day; or (b) if the park has no closing time, by midnight of that day. Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply to a person who holds a permit to occupy a building, camping place or other facility granted under section 21(1)(a) of the Act with respect to any night for which the permit has been granted. (3) A person who was granted a permit to occupy a building, camping place or other facility in respect of a park under section 21(1)(a) of the Act must— (a) before the closing time of the park on; or (b) if the park has no closing time, by midnight of— the day following the last night for which the permit has been granted, remove, or cause to be r. 12 -- 11 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 11 removed, from the park any vehicle brought into the park by him or her. Penalty: 5 penalty units. 14. Exemptions and discounts (1) The Secretary may, by written notice— (a) wholly or partially exempt a class of person from liability to pay a fee under regulation 8; (b) wholly or partially exempt any person or class of person entering a park from liability to pay a fee under regulation 8 in respect of the park for a particular period or in particular circumstances; (c) discount any fee imposed by these Regulations for a particular period, for a particular class of person or for particular circumstances. (2) The Secretary must ensure that a copy of the notice, other than a notice relating to a particular person entering a park who is exempted from liability to pay a fee under sub-regulation (1)(b)— (a) is clearly displayed at the entrance to any place at which fees imposed by these Regulations are collected if the notice relates, or might possibly relate, to those fees; and (b) is available for public inspection at the office of the Secretary during business hours. __________________ r. 14 -- 12 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 12 SCHEDULES SCHEDULE 1 Regulation 4 REGULATIONS REVOKED S.R. No Title 140/1991 National Parks (Fees and Charges) (Amendment) Regulations 1991 268/1991 National Parks (Fees and Charges) (Amendment No. 2) Regulations 1991 59/1994 National Parks (Fees and Charges) (Amendment) Regulations 1994 139/1995 National Parks (Fees and Charges) (Amendment) Regulations 1995 128/1996 National Parks (Fees and Charges) (Amendment) Regulations 1996 54/1998 National Parks (Fees and Charges) (Amendment) Regulations 1998 67/2000 National Parks (Fees and Charges) (Amendment) Regulations 2000 ————————— Sch. 1 -- 13 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 13 SCHEDULE 2 Regulation 8(1) VEHICLE ENTRY FEES—DAY PASSES Column 1 Column 2 Column 3 Column 4 Column 5 Item No. Name of park Type of vehicle Type of pass Entry fee 1. Wilson's Promontory National Park Motor cycle Motor cycle Car Car Car Small bus Small bus Small bus Large bus Large bus Large bus Day pass 2 day pass (consecutive) Day pass 2 day pass (consecutive) 5 day pass (consecutive) Day pass 2 day pass (consecutive) 5 day pass (consecutive) Day pass 2 day pass (consecutive) 5 day pass (consecutive) $2.50 $4.00 $9.00 $14.00 $27.00 $29.00 $44.00 $87.00 $50.00 $75.00 $150.00 2. Mount Buffalo N i l P k Motor cycle Day pass $2.50 Sch. 2 -- 14 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 14 Column 1 Column 2 Column 3 Column 4 Column 5 Item No. Name of park Type of vehicle Type of pass Entry fee National Park (when ski lifts not operating) Car Car Car Small bus Large bus Day pass 2 day pass (consecutive) 3 day pass (consecutive) Day pass Day pass $9.00 $14.00 $18.00 $29.00 $50.00 3. Mount Buffalo National Park (when ski lifts operating) Motor cycle Car Car Car Small bus Large bus Day pass Day pass 2 day pass (consecutive) 3 day pass (consecutive) Day pass Day pass $3.00 $12.50 $19.00 $25.00 $47.00 $71.00 4. Mount Buffalo National Park Small bus Large bus Off season multiple day pass (1 October– 30 June) Off season multiple day pass (1 October– 30 June) $94.00 $161.00 Column 1 Column 2 Column 3 Column 4 Column 5 Type of Sch. 2 -- 15 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 15 Item No. Name of park vehicle Type of pass Entry fee 5. Baw Baw National Park– Mt St Gwinear area Car Small bus Large bus Day pass Day pass Day pass $9.00 $29.00 $50.00 6. Mornington Peninsula National Park– Ocean Beaches Motor cycle Car Small bus Large bus Day pass Day pass Day pass Day pass $1.50 $4.00 $12.00 $20.00 7. Yarra Ranges National Park– Mount Donna Buang area Car Motor cycle Small bus Large bus Day pass Day pass Day pass Day pass $7.00 $2.00 $22.00 $38.00 ————————— Sch. 2 -- 16 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 16 SCHEDULE 3 Regulation 8(2) ENTRY FEES FOR PEOPLE (DAY PASSES) Column 1 Column 2 Column 3 Column 4 Item No. Name of park Type of entry Entry fee (per person unless specified) 1. Mornington Peninsula National Park–Point Nepean Adult—day pass Children 5–15 years of age—day pass Children under age of 5—day pass Family—day pass $7.00 $3.50 Free $17.50 ————————— Sch. 3 -- 17 of 18 -- S.R. No. 146/2001 National Parks (Fees and Charges) Regulations 2001 17 SCHEDULE 4 Regulation 10 ENTRY FEES—ANNUAL PASSES Column 1 Column 2 Column 3 Column 4 Item No. Name of park Type of entry Entry fee 1. Mornington Peninsula National Park–Ocean Beaches Vehicle entry (car) $20.00 2. Mount Buffalo National Park Vehicle entry (car) Vehicle entry (small bus) Vehicle entry (large bus) $45.00 $257.00 $413.00 3. Wilson's Promontory National Park Vehicle entry (car) Vehicle entry (small bus) Vehicle entry (large bus) $45.00 $203.00 $350.00 ═══════════════ Sch. 4 -- 18 of 18 --