Water Industry (Reservoir Parks Land) Regulations 2001
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Water Industry (Reservoir Parks Land)
Regulations 2001
S.R. No. 125/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provisions 1
3. Commencement 1
4. Revocations 2
5. Definitions 2
6. Exemptions from the operation of the regulations 3
PART 2—POWERS OF SECRETARY 5
7. Areas set aside for particular purposes 5
8. Areas set aside where access is prohibited 6
9. Areas set aside where certain activities are prohibited 7
10. Fees and charges 7
PART 3—USE AND CONTROL OF RESERVOIR PARKS LAND 8
11. General prohibitions 8
12. Signs and structures etc. 9
13. Commercial activities 10
14. Fire 11
15. Vehicles 12
16. Parking of vehicles 12
17. Vessels 13
18. Animals 13
19. Exercising dogs off-lead 14
20. Additional provisions for horses, donkeys and camels 14
21. Camping 16
22. Fishing 16
23. Sport or recreational activity 16
24. Glass bottles and containers 16
25. Alcohol 17
26. Aircraft 17
27. Generators, air compressors and other equipment 18
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Regulation Page
ii
28. Sporting, demonstration or training events 18
29. Animal shows and competitions 19
30. Special events 20
31. Use of toilets, showers and other facilities 20
32. Stones and objects 21
33. Gates 21
34. Umbrellas 21
35. Digging or removing stone 21
36. Permits 22
37. Directions by authorised officers 22
__________________
SCHEDULE—Fees and charges for reservoir parks 24
═══════════════
ENDNOTES 25
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1
STATUTORY RULES 2001
S.R. No. 125/2001
Water Industry Act 1994
Water Industry (Reservoir Parks Land)
Regulations 2001
The Governor in Council makes the following Regulations:
Dated: 27 November 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 to provide
for the care, protection, management and use of
reservoir parks land1 and the preservation of good
order in reservoir parks land.
2. Authorising provisions
These Regulations are made under sections 136
and 184 of the Water Industry Act 1994.
3. Commencement
These Regulations come into operation on
1 December 2001.
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4. Revocations
The Water Industry (Melbourne Parks and
Waterways) Regulations 1996 2 are revoked.
5. Definitions
In these Regulations—
"aircraft" includes aeroplanes, helicopters,
gliders, hot air balloons, hang gliders and
parachutes;
"camp" means—
(a) to erect, occupy or use a tent or any
similar form of accommodation
including a swag; or
(b) to erect, park, occupy or use a caravan,
camper van or other movable form of
accommodation or temporary structure;
"contractor" includes any sub-contractor of a
contractor;
"fauna" means any animal-life which is
indigenous to Victoria whether vertebrate or
invertebrate and in any stage of biological
development and includes any other living
thing generally classified as fauna, but does
not include humans or fish;
"firearm" has the same meaning as in the
Firearms Act 1996;
"fireplace" means a facility constructed of stone,
metal, concrete or other non-flammable
material for the lighting and maintaining of
fires;
"flora" means any plant-life which is indigenous
to Victoria whether vascular or non-vascular
and in any stage of biological development
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and includes any other living thing generally
classified as flora;
"life-saving aid" includes any life-saving
equipment, life-hook, drag, grapnel,
lifebuoy, warning sign, barrier, fire
extinguisher, hose or similar equipment;
"navigational aid" means any lighthouse,
navigational dolphin, buoy, beacon, signal,
flag or similar equipment and any adjacent
supporting structure or post;
"Parks Victoria" means the body corporate
established by Part 2 of the Parks Victoria
Act 1998;
"Secretary" means the body corporate
established by Part 2 of the Conservation,
Forests and Lands Act 1987;
"stone" has the same meaning as in the
Extractive Industries Development Act
1995;
"vehicle" has the same meaning as in the Road
Safety Act 1986;
"vessel" has the same meaning as in the Marine
Act 1988.
6. Exemptions from the operation of the regulations
(1) These Regulations do not apply to any of the
following persons when acting in the course of
that person's duties—
(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
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Melbourne Water Corporation or Parks
Victoria;
(d) a contractor, volunteer or other person
carrying out any work for or acting on the
instructions of the Secretary, Melbourne
Water Corporation or Parks Victoria;
(e) a person dealing with a fire, flood or other
public emergency, when authorised to do so
by or under an Act of Parliament or
regulations made under such an Act.
(2) A person acting in accordance with a lease,
licence, tenancy or permit granted over any
reservoir parks land is not subject to these
Regulations, to the extent that the activities
authorised by that lease, licence, tenancy or
permit are inconsistent with these Regulations.
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PART 2—POWERS OF SECRETARY
7. Areas set aside for particular purposes
(1) The Secretary may determine that a specified area
or areas in reservoir parks land be set aside for
one or more of the following purposes—
(a) the parking of vehicles or particular classes
of vehicles;
(b) bringing animals into or leaving animals in
or allowing animals to remain in that
particular part of reservoir parks land;
(c) riding, leading or driving horses, donkeys or
camels or drawing vehicles by horses,
donkeys or camels;
(d) leaving horses, donkeys or camels unbridled
or unattended;
(e) exercising dogs off-lead;
(f) the lighting or maintaining of fires or
barbecues using liquid or gaseous fuel;
(g) the conducting of sporting contests,
demonstrations or training classes;
(h) the conducting of animal shows or
competitions;
(i) the launching, landing, loading, unloading,
mooring or operation of vessels generally or
vessels of a particular class;
(j) the landing, launching, flying, controlling or
operating of motorised model aircraft;
(k) fishing.
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(2) The Secretary may—
(a) determine the times at which, or the periods
during which, each area set aside under sub-
regulation (1) may be used for the purpose
for which it is set aside; and
(b) cause signs or notices to be erected or
displayed indicating each area set aside
under sub-regulation (1) and the purpose for
which the area is set aside.
8. Areas set aside where access is prohibited
(1) The Secretary may determine that a specified area
or areas of reservoir parks land be an area or areas
where access is prohibited—
(a) for the protection of flora or fauna;
(b) for the protection of geological,
geomorphological, archaeological, cultural
or historic features or values;
(c) for the planting of trees, shrubs, grass or
other vegetation;
(d) for the protection of—
(i) works; or
(ii) catchments; or
(iii) water quality of waterways or
reservoirs;
(e) for the reclamation of land;
(f) for the re-establishment of vegetation;
(g) for public safety.
(2) The Secretary may—
(a) determine the times at which, or the periods
during which, access is prohibited to each
area set aside under sub-regulation (1); and
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(b) cause signs or notices to be erected or
displayed indicating each area set aside to
which access is prohibited.
9. Areas set aside where certain activities are prohibited
(1) The Secretary may determine that a specified area
or areas of reservoir parks land be an area or areas
where the carrying on of all or any of the
following activities is prohibited—
(a) engaging in a specified sport or a specified
recreational activity;
(b) possessing or carrying glass bottles, glass
containers or glass utensils;
(c) possessing alcohol;
(d) causing vehicles or vehicles of a particular
class to enter or remain in that particular part
of reservoir parks land.
(2) The Secretary may—
(a) determine the times at which, or the periods
during which, the activity is prohibited in
each area set aside under sub-regulation (1);
(b) cause signs or notices to be erected or
displayed indicating each area set aside in
which the activity is prohibited.
10. Fees and charges
(1) The fees and charges payable for the use of
specified facilities are set out in the Schedule.
(2) A person must not use a facility in reservoir parks
land for which a fee or charge is payable, unless
that person has paid that fee or charge.
Penalty: 5 penalty units.
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PART 3—USE AND CONTROL OF RESERVOIR PARKS
LAND
11. General prohibitions
(1) A person must not, in reservoir parks land, fell,
pick, remove or damage any tree, shrub, plant,
wildflower or other vegetation, whether dead or
alive.
Penalty: 10 penalty units.
(2) A person must not, in reservoir parks land,
disturb, harass, capture, kill or injure any animal
or destroy, disturb or interfere with the habitat,
nest or burrow of any animal.
Penalty: 20 penalty units.
(3) A person must not, in reservoir parks land,
remove or damage or interfere with any rock or
natural feature.
Penalty: 10 penalty units.
(4) A person must not, in reservoir parks land,
possess any bow, arrow, firearm, poison, trap,
snare, net, spear gun, spear or similar implement.
Penalty: 20 penalty units.
(5) A person must not, in reservoir parks land, engage
in any activity in a manner that may endanger or
disturb other persons.
Penalty: 20 penalty units.
(6) A person must not, in or from reservoir parks
land, do anything which is likely to pollute any
waterway or reservoir or conduct any activity
which may pollute water.
Penalty: 20 penalty units.
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(7) A person must not, in reservoir parks land,
remove or interfere with any life-saving aid unless
the person does so for the purpose of saving life or
in the course of official duties.
Penalty: 10 penalty units.
(8) A person must not enter an area set aside under
regulation 8(1) as an area to which access is
prohibited.
Penalty: 10 penalty units.
12. Signs and structures etc.
(1) A person must not remove, damage, displace or
interfere with a sign, structure or navigational aid
in reservoir parks land.
Penalty: 20 penalty units.
(2) A person must not, in reservoir parks land, erect
or place any structure or any inflatable castle or
similar inflatable device.
Penalty: 10 penalty units.
(3) Sub-regulation (2) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (2) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
(4) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(2) in the whole or any part of reservoir parks
land.
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13. Commercial activities
(1) In reservoir parks land a person must not—
(a) solicit or collect money; or
(b) display any sign or hand out or disseminate
any material including a pamphlet or hand
bill; or
(c) cause or permit the use of any device to
generate or amplify sounds (including any
loud hailer, public address system or musical
instrument) in a way which may disturb
other people; or
(d) sell, trade or hire, any goods or services, or
advertise, offer or display any goods or
services for sale, trade or hire; or
(e) take any photograph, film, video or audio
recording, or make any television or radio
broadcast for commercial purposes; or
(f) offer or display any vehicle for hire, or carry
passengers for reward; or
(g) undertake any other commercial activity.
Penalty: 10 penalty units.
(2) Sub-regulation (1) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (1) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
(3) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(1) in the whole or any part of reservoir parks
land.
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(4) Sub-regulation (1)(f) does not apply to any person
operating a commercial passenger vehicle within
the meaning of section 86 of the Transport Act
1983.
(5) In this regulation, "commercial activity" does
not include any activity to which regulation 28(1),
29(1) or 30(1) applies.
14. Fire
(1) A person must not light or maintain a fire or
barbecue in reservoir parks land, except in
accordance with sub-regulation (2).
Penalty: 20 penalty units.
(2) A person may light or maintain a fire or
barbecue—
(a) if the person does so at a time and during a
period when the lighting of fires is not
prohibited under any Act; and
(b) if the person does so in a fireplace or
barbecue provided for that purpose, or in a
fireplace or barbecue that is in an area set
aside under regulation 7(1) for that purpose.
(3) If a person lights or maintains a fire or barbecue in
an area set aside under regulation 7(1) for that
purpose, the person must ensure that—
(a) the fire or barbecue is lit and maintained
using liquid or gaseous fuel; and
(b) the fire or barbecue is contained in an
appliance designed and commercially
manufactured to use that fuel; and
(c) when alight, the fire or barbecue is placed in
a stable position; and
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(d) the ground and airspace within a distance of
3 metres of the fire or barbecue are clear of
flammable material.
(4) A person who has lit or maintained a fire or
barbecue in accordance with this regulation must
extinguish that fire or barbecue before leaving the
place of the fire or barbecue.
Penalty: 20 penalty units.
15. Vehicles
(1) A person must not cause a vehicle to enter or
remain in any part of reservoir parks land set aside
under regulation 9(1) as an area in which it is
prohibited to cause vehicles to enter or remain.
Penalty: 20 penalty units.
(2) A person must not cause a vehicle of a particular
class to enter or remain in any part of reservoir
parks land set aside under regulation 9(1) as an
area in which it is prohibited to cause vehicles of
that particular class to enter or remain.
Penalty: 20 penalty units.
16. Parking of vehicles
(1) A person must not park a vehicle in reservoir
parks land except—
(a) in an area set aside under regulation 7(1) for
that purpose; and
(b) in accordance with the terms of the
determination of the Secretary under which
the area has been set aside.
Penalty: 20 penalty units.
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(2) A person must not park a vehicle in an area of
reservoir parks land set aside for the parking of
vehicles of a particular class unless—
(a) that person is parking a vehicle of that class;
and
(b) that person is acting in accordance with the
terms of the determination of the Secretary
under which the area has been set aside.
Penalty: 20 penalty units.
17. Vessels
A person must not launch, land, load, unload,
moor or operate a vessel in reservoir parks land
except—
(a) in an area set aside under regulation 7(1) for
that purpose; and
(b) in accordance with the terms of the
determination of the Secretary under which
the area has been set aside.
Penalty: 20 penalty units.
18. Animals
(1) A person must not bring an animal into reservoir
parks land, or leave or allow an animal to remain
in reservoir parks land, except in an area set aside
under regulation 7(1) for that purpose.
Penalty: 10 penalty units.
(2) A person must not allow an animal in his or her
care and control to stray or wander into reservoir
parks land.
Penalty: 10 penalty units.
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(3) A person who has an animal in his or her care and
control in reservoir parks land must ensure that—
(a) the animal is kept under his or her effective
control; and
(b) subject to regulations 19, 20(2) and 29(3),
the animal is restrained by a lead, halter or
other similar means; and
(c) the animal does not interfere with the use
and enjoyment of that land by other persons
or animals.
Penalty: 10 penalty units.
(4) Sub-regulation (1) does not apply to a disabled
person who brings a dog or other animal into
reservoir parks land to assist that person with
respect to that person's disability.
(5) A person in charge of an animal in reservoir parks
land must take reasonable steps to ensure that any
part of that animal's excrement does not remain in
that land or is placed in a receptacle provided for
that purpose.
Penalty: 5 penalty units.
(6) In this regulation, "animal" includes fish.
19. Exercising dogs off-lead
A person must not exercise a dog off-lead in
reservoir parks land, except in an area set aside
under regulation 7(1) for that purpose.
Penalty: 10 penalty units.
20. Additional provisions for horses, donkeys and camels
(1) A person must not ride, lead or drive a horse,
donkey or camel or draw a vehicle by a horse,
donkey or camel in reservoir parks land except—
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(a) in an area set aside under regulation 7(1) for
that purpose; and
(b) in accordance with the terms of the
determination of the Secretary under which
the area is set aside.
Penalty: 10 penalty units.
(2) A person must not leave a horse, donkey or camel
unbridled or unattended in reservoir parks land
except—
(a) in an area set aside under regulation 7(1) for
that purpose; and
(b) in accordance with the terms of the
determination of the Secretary under which
the area is set aside.
Penalty: 5 penalty units.
(3) A person must not ride or drive a horse, donkey,
or camel abreast of more than one other horse,
donkey or camel on any path, track or road in
reservoir parks land.
Penalty: 10 penalty units.
(4) A person must not ride or drive a horse, donkey or
camel in any manner which may disturb or be
dangerous to any person or fauna or damage flora
in reservoir parks land.
Penalty: 10 penalty units.
(5) A person must not allow a horse, donkey or camel
which is under that person's care or control to
damage any part of a tree or a shrub in reservoir
parks land.
Penalty: 10 penalty units.
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21. Camping
(1) A person must not camp in reservoir parks land.
Penalty: 10 penalty units.
(2) Sub-regulation (1) does not apply to a person
who—
(a) holds a permit to camp in the part of the
reservoir parks land for which the permit is
issued; and
(b) is acting in accordance with the permit.
(3) The Secretary may issue a permit to a person to
camp in the whole or any part of reservoir parks
land.
22. Fishing
A person must not fish or attempt to take fish in or
from reservoir parks land, except in an area set
aside under regulation 7(1) for that purpose.
Penalty: 10 penalty units.
23. Sport or recreational activity
A person must not engage in a specified sport or a
specified recreational activity in any part of
reservoir parks land set aside under regulation
9(1) as an area in which engaging in that specified
sport or recreational activity is prohibited.
Penalty: 10 penalty units.
24. Glass bottles and containers
A person must not possess or carry any glass
bottle, glass container or glass utensil in any part
of reservoir parks land set aside under regulation
9(1) as an area in which the possession or carriage
of glass bottles, glass containers or glass utensils
is prohibited.
Penalty: 5 penalty units.
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25. Alcohol
A person must not possess alcohol in any part of
reservoir parks land set aside under regulation
9(1) as an area in which the possession of alcohol
is prohibited.
Penalty: 20 penalty units.
26. Aircraft
(1) A person must not, in reservoir parks land, land,
launch, fly, control or operate any aircraft.
Penalty: 20 penalty units.
(2) A person must not, in reservoir parks land—
(a) land by parachute; or
(b) deliver any thing by aircraft.
Penalty: 20 penalty units.
(3) Sub-regulation (1) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (1) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
(4) Sub-regulation (2) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (2) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
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(5) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(1) or (2) in the whole or any part of reservoir
parks land.
(6) Sub-regulations (1) and (2) do not apply in an
emergency.
(7) A person must not in reservoir parks land, land,
launch, fly, control or operate a motorised model
aircraft except in an area set aside under
regulation 7(1) for that purpose.
27. Generators, air compressors and other equipment
(1) A person must not, in reservoir parks land, operate
any portable or stationary generator, air
compressor, chainsaw or oxy-acetylene or
electrical cutting or welding apparatus.
Penalty: 5 penalty units.
(2) Sub-regulation (1) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (1) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
(3) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(1) in the whole or any part of reservoir parks
land.
28. Sporting, demonstration or training events
(1) A person must not conduct, in reservoir parks
land, any sporting contest, demonstration or
training class, except in an area set aside under
regulation 7(1) for that purpose.
Penalty: 5 penalty units.
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(2) A person must not, in an area of reservoir parks
land set aside under regulation 7(1) for the
purpose of conducting any sporting contest,
demonstration or training class, conduct such a
sporting contest, demonstration or training class
unless that person—
(a) holds a permit to engage in that activity in
the part of the set aside area for which the
permit is issued; and
(b) is acting in accordance with the permit.
Penalty: 5 penalty units.
(3) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(2) in the whole or any part of any area set aside
under regulation 7(1) for that purpose.
29. Animal shows and competitions
(1) A person must not conduct, in reservoir parks
land, any animal show or competition, except in
an area set aside under regulation 7(1) for that
purpose.
Penalty: 5 penalty units.
(2) A person must not, in an area of reservoir parks
land set aside under regulation 7(1) for the
purpose of conducting an animal show or
competition, conduct such an animal show or
competition unless that person—
(a) holds a permit to engage in that activity in
the part of the set aside area for which the
permit is issued; and
(b) is acting in accordance with the permit.
Penalty: 5 penalty units.
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(3) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(2) in the whole or any part of any area set aside
under regulation 7(1) for that purpose.
30. Special events
(1) A person must not, in reservoir parks land,
conduct any—
(a) fete, carnival, concert or other public event;
or
(b) private event for 100 or more persons; or
(c) commercial event.
Penalty: 5 penalty units.
(2) Sub-regulation (1) does not apply to a person
who—
(a) holds a permit to engage in an activity
referred to in sub-regulation (1) in the part of
the reservoir parks land for which the permit
is issued; and
(b) is acting in accordance with the permit.
(3) The Secretary may issue a permit to a person to
engage in an activity referred to in sub-regulation
(1) in the whole or any part of reservoir parks
land.
(4) In this regulation "commercial event" does not
include an activity to which regulation 28 or 29
applies.
31. Use of toilets, showers and other facilities
(1) A person must not enter or use an amenity or
facility in reservoir parks land designated for the
use of persons of the opposite sex.
Penalty: 20 penalty units.
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(2) Sub-regulation (1) does not apply to the entering
or use of an amenity or facility by a child under
the age of 6 years when accompanied by an adult.
32. Stones and objects
A person must not propel or throw any stone or
other object in or from reservoir parks land in a
manner that is likely to cause danger, disturbance
or damage.
Penalty: 20 penalty units.
33. Gates
A person must not leave any gate in reservoir
parks land open unless the gate is already open.
Penalty: 5 penalty units.
34. Umbrellas
(1) A person must not erect or use an umbrella or
similar device for providing shade or weather
protection in reservoir parks land.
Penalty: 5 penalty units.
(2) Sub-regulation (1) does not apply to a person who
erects or uses an umbrella or similar device that—
(a) is used by holding and controlling the device
by hand; or
(b) is securely anchored—
(i) by means of a bag filled with at least
5 kilograms dry weight of sand, soil or
other substance securely tied to the
device; or
(ii) by means of a device with an
equivalent effect to an anchoring device
referred to in sub-paragraph (i).
35. Digging or removing stone
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A person must not—
(a) dig or remove from reservoir parks land; or
(b) take into reservoir parks land—
any stone.
Penalty: 20 penalty units.
36. Permits
(1) A permit issued under sub-regulation 12(4), 13(3),
21(3), 26(5), 27(3), 28(3), 29(3) or 30(3)
authorises the holder to enter and use a particular
part of reservoir parks land—
(a) for the purpose specified in the permit; and
(b) for the period specified in the permit; and
(c) subject to any terms and conditions in
respect of that entry or use determined by the
Secretary and specified in the permit.
(2) The holder of a permit must comply with any
terms and conditions of that permit.
Penalty: 5 penalty units.
(3) The Secretary may cancel a permit at any time if
the holder of the permit has—
(a) breached the conditions of the permit; or
(b) breached these Regulations.
(4) Upon cancellation under sub-regulation (3) of a
permit, the Secretary must, within a reasonable
time after the cancellation, notify the holder of the
permit in writing of the cancellation of the permit.
37. Directions by authorised officers
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An authorised officer may direct any person
whom that officer believes on reasonable grounds
has contravened these Regulations to leave any
part of reservoir parks land.
__________________
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SCHEDULE
Regulation 10
FEES AND CHARGES FOR RESERVOIR PARKS
Reservoir park Facility Fee or charge
Upper Yarra Camping Adult (16 years of age or
more)—$5.70 per day.
Child (5 years of age or more
but under 16 years of age)—
$3.40 per day.
Family (2 adults and up to
4 children)—$18.40 per day.
Maroondah Rotunda hire Weekends and public
holidays—
• during the period of
daylight savings—
$102.50 per day.
• during the period when
daylight savings does not
apply—$51.30 per day.
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Sch.
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ENDNOTES
1 Reg. 1: Reservoir parks land is defined by the operation of sections 136 and
137 of the Water Industry Act 1994 to mean the land generally
described as reservoir parks in the lease and licence dated 13 April 1995
between Melbourne Water Corporation and the Minister responsible for
administering Part 4 of the Water Industry Act 1994. The names of the
reservoir parks that make up the reservoir parks land are Cardinia Creek,
Devilbend, Fernshaw, Greenvale, Maroondah, Silvan, Sugarloaf, Tarago,
Toorourrong, Upper Yarra, Yan Yean and Thomson.
2 Reg. 4: S.R. No. 99/1996 as amended by S.R. No. 73/1998.
Endnotes
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