Alpine Resorts (Management) Regulations 1998

i Alpine Resorts (Management) Regulations 1998 S.R. No. 46/1998 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocations 2 5. Definitions 2 6. Application of Regulations 4 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 8 12. Determination may be amended or revoked 8 13. Board may grant authority for certain purposes 9 PART 3—ENTRY AND PERMITS FOR OTHER PURPOSES 10 Division 1—Vehicle entry permits 10 14. Board may issue vehicle entry permit 10 15. Board may determine fee for vehicle entry permit 11 16. Board may reduce or waive fee for annual vehicle entry permit 12 Division 2—Helicopter entry permits 12 17. Board may issue helicopter entry permit 12 18. Board may determine fee for helicopter entry permit 13 19. Board may reduce or waive fee for helicopter entry permit 14 -- 1 of 46 -- Regulation Page ii Division 3—Entry fees for pedestrians and bicycles 14 20. Pedestrians and cyclists to pay entry fee 14 21. Board may determine entry fee 15 Division 4—Permits to use areas set aside for public use 15 22. Board may issue cross country ski trail permit 15 23. Board may determine fee for cross country ski trail permit 16 24. Board may reduce or waive fee for use of cross country ski trail 17 25. Board may issue four wheel drive vehicle permit 17 26. Board may determine fee for four wheel drive vehicle permit 19 27. Board may issue a permit for use of vehicle for access etc. in certain areas 19 28. Board may determine fee for vehicle permit under regulation 27 21 29. Board may issue camping permit 21 30. Board may determine fee for camping permit 22 31. Board may issue oversnow vehicle permit 22 32. Board may waive fee for permit for use of oversnow vehicle 23 Division 5—General matters relating to entry and permits 23 33. All permits to be affixed to vehicle 23 34. Board may issue replacement permit 24 PART 4—GENERAL USE AND CONTROL OF ALPINE RESORTS 25 35. Offence relating to entry and use of certain areas 25 36. Behaviour 25 37. Damaging or defacing property etc. 25 38. Games and activities 26 39. Alcohol 27 40. Camping 27 41. Hygiene and use of fireplaces 27 42. Dogs 28 43. Horses and camels 29 44. Other animals 30 45. Apiculture 31 46. Firearms and other weapons 31 47. Skiing and snowplay in certain areas 32 48. Use of toboggans, sleds, ski-bobs or inflatable devices 32 49. Ski equipment to be fitted with certain mechanisms 32 50. Use of ski lifts 33 51. Hang-gliding, parasailing and paragliding, landing of aircraft and by parachute 33 52. Offences relating to roads, works, etc. in an alpine resort 34 53. Vehicles 35 -- 2 of 46 -- Regulation Page iii 54. Use of wheel chains on vehicles 36 55. Authorised officer may request person to leave area in an alpine resort 37 56. Authorised officer may direct person to cease doing an activity in an alpine resort 37 57. Powers of authorised officers in relation to vehicles 38 PART 5—TRANSITIONAL 39 58. Transitional provision 39 __________________ SCHEDULES 40 SCHEDULE 1—Revoked Regulations 40 SCHEDULE 2—Fees for vehicle entry permit 41 SCHEDULE 3—Fees for cross country ski trail permit 42 ═══════════════ NOTES 43 -- 3 of 46 -- 1 STATUTORY RULES 1998 S.R. No. 46/1998 Alpine Resorts (Management) Act 1997 Alpine Resorts (Management) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 28 April 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN 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 this Act. 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 30 April 1998. -- 4 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 2 4. Revocations The Regulations listed in Schedule 1 are revoked. 5. Definitions In these Regulations— "Act" means the Alpine Resorts (Management) Act 1997; "authority" means a written authority issued by a Board under regulation 13 in respect of the alpine resort for which that Board is responsible; "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; "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; "cross country ski trail permit" means a permit issued by the relevant Board under regulation 22; "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; "helicopter entry permit" means a permit issued by the relevant Board under regulation 17; "horse" includes a mule or donkey; r. 4 -- 5 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 3 "inflatable device" means a pneumatic tube or similar device capable of being used for sliding down snow slopes; "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; "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 (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 one 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 r. 5 -- 6 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 4 (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; "vehicle" includes— (a) a motor vehicle within the meaning of the Road Safety Act 1986; (b) a motor cycle within the meaning of the Road Safety Act 1986; (c) a bicycle, cart, trailer, caravan or horse- drawn vehicle; (d) a recreation vehicle within the meaning of the Road Safety Act 1986; "vehicle entry permit" means a permit issued by a Board under regulation 14(1). 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 r. 6 -- 7 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 5 Country Fire Authority when acting in the course of his or her duty. _______________ r. 6 -- 8 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 6 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 sub-regulation (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. (3) A determination under sub-regulation (1) must specify— r. 7 -- 9 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 7 (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 sub-regulation (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 (d) as a cross country ski trail during the snow season; or r. 9 -- 10 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 8 (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. (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. 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 r. 11 r. 12 -- 11 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 9 (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, 20, 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 sub-regulation (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. (3) A Board may, in writing, revoke an authority issued under sub-regulation (1). _______________ -- 12 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 10 PART 3—ENTRY AND PERMITS FOR OTHER PURPOSES Division 1—Vehicle entry permits 14. Board may issue vehicle entry permit (1) On payment of a fee determined by the Board under regulation 15, the relevant Board may issue a permit authorising entry of a vehicle into the alpine resort for which that Board is responsible. (2) A person must not bring a vehicle into, or use a vehicle within, an alpine resort unless that person is the holder of a current valid vehicle entry permit issued under sub-regulation (1). Penalty: 5 penalty units. (3) Sub-regulation (2) does not apply to a person who brings or drives a vehicle into an alpine resort if that person— (a) is acting in accordance with an authority that allows entry to the alpine resort without a permit; or (b) 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 (ii) a lease or licence issued under the Crown Land (Reserves) Act 1978 in respect of an alpine resort; or (c) is entering during the off-season, and was not given a reasonable opportunity to purchase a permit; or (d) is travelling directly through the alpine resort to a place outside that resort. r. 14 -- 13 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 11 (4) A vehicle entry permit— (a) may authorise entry by the vehicle specified in the permit to areas where entry of vehicles is permitted in the whole of that alpine resort, any part of that alpine resort or all alpine resorts, as specified in the permit; and (b) may apply for a period of 12 months or any part of a period of 12 months that is specified in the permit; and (c) is subject to any other conditions specified in the permit. (5) A person must comply with a vehicle entry permit. Penalty: 5 penalty units. (6) This regulation does not apply to a vehicle which is a bicycle. 15. Board may determine fee for vehicle entry permit (1) The relevant Board may determine the fee for a vehicle entry permit to the alpine resort for which that Board is responsible. (2) A fee determined by a Board under sub-regulation (1) must not exceed, for a vehicle entry permit for the type of vehicle specified in column 2 of the Table in Schedule 2— (a) to enter that alpine resort for a period of 12 months, the amount specified in column 4 of the Table in that Schedule; or (b) to enter that alpine resort for any other period during the snow season, the amount specified in column 3 of the Table in that Schedule; or r. 15 -- 14 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 12 (c) to enter that alpine resort in the off-season, one third of the amount specified in column 3 of the Table in that Schedule. (3) In determining a fee under sub-regulation (1), a Board must take into account— (a) commercial and marketing considerations; (b) seasonal conditions. 16. Board may reduce or waive fee for annual vehicle entry permit The relevant Board may reduce or waive the fee payable for an annual vehicle entry permit to the alpine resort for which that Board is responsible if the person applying for the entry permit holds an annual vehicle entry permit from another alpine resort for that year. Division 2—Helicopter entry permits 17. Board may issue helicopter entry permit (1) On payment of a fee determined by the Board under regulation 18, 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) Sub-regulation (2) does not apply to a person who— (a) lands a helicopter in an alpine resort in an emergency; or r. 16 -- 15 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 13 (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 (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. 18. Board may determine fee for helicopter entry permit (1) The relevant Board may determine the fee for a helicopter entry permit to the alpine resort for which that Board is responsible. (2) A fee determined by a Board under sub-regulation (1) must not exceed $7.00 per day for each passenger in the helicopter. r. 18 -- 16 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 14 (3) In determining a fee under sub-regulation (1), a Board must take into account— (a) commercial and marketing considerations; (b) seasonal conditions. 19. Board may reduce or waive fee for helicopter entry permit The relevant Board may reduce or waive the fee for a helicopter entry permit after considering— (a) the number of times per day the helicopter lands in the alpine resort; and (b) the place in which the helicopter lands; and (c) the purpose for which the helicopter is entering the alpine resort. Division 3—Entry fees for pedestrians and bicycles 20. Pedestrians and cyclists to pay entry fee (1) A person must not enter an alpine resort as a pedestrian without paying the entry fee determined by the relevant Board in accordance with regulation 21 for entry by a person as a pedestrian. Penalty: 5 penalty units. (2) A person must not enter an alpine resort on a bicycle without paying the entry fee determined by the relevant Board in accordance with regulation 21 for entry on a bicycle. Penalty: 5 penalty units. (3) Sub-regulations (1) and (2) do not apply to a person who enters an alpine resort as a pedestrian or on a bicycle if that person— (a) is authorised to enter the alpine resort without paying an entry fee under— r. 19 -- 17 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 15 (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; or (b) is entering during the off-season and was not given a reasonable opportunity to pay the entry fee; or (c) is travelling directly through the alpine resort to a place outside that resort. 21. Board may determine entry fee (1) The relevant Board may determine an entry fee for entry to the alpine resort for which that Board is responsible by a person entering as a pedestrian. (2) The relevant Board may determine an entry fee for entry to the alpine resort for which that Board is responsible by a person entering on a bicycle. (3) A fee determined by a Board under sub-regulation (1) or (2) must not exceed $7.00 per day for each person. (4) In determining a fee under sub-regulation (1) or (2), a Board must take into account— (a) commercial and marketing considerations; (b) seasonal conditions. Division 4—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 r. 21 -- 18 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 16 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) Sub-regulation (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. (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 sub-regulation (1) must not exceed, for a cross country ski trail permit of the type specified in column 2 of the Table in Schedule 3— r. 23 -- 19 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 17 (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 sub-regulation (1), a Board must take into account— (a) commercial and marketing considerations; (b) seasonal conditions; (c) whether the permit is for mid-week use or week-end 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 1986. 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 r. 24 -- 20 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 18 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. (3) Sub-regulation (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 r. 25 -- 21 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 19 (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. (2) A fee determined by a Board under sub-regulation (1) must not exceed— (a) for a four wheel drive permit allowing access to a Village, $260.00; and (b) for a permit allowing access to and parking in a Village, being a four wheel drive (transferable) permit, $1500.00; and (c) for a four wheel drive permit allowing access to and parking in a Village, $450.00. (3) In determining a fee under sub-regulation (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 r. 26 -- 22 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 20 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 sub-regulation (1). Penalty: 20 penalty units. (3) Sub-regulation (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 r. 27 -- 23 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 21 (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. 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 sub-regulation (1) must not exceed— (a) for a permit allowing access to a Village, $260.00; and (b) for a permit allowing access to and parking in a Village, being a permit which is transferable to another vehicle, $1500.00; and (c) for a permit allowing access to and parking in the Village, $450.00. (3) In determining a fee under sub-regulation (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 r. 28 -- 24 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 22 (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 (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 sub-regulation (1) must not exceed $3.00 per day for each person to which that permit applies. (3) In determining a fee under sub-regulation (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 r. 30 -- 25 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 23 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 sub-regulation (1) in respect of that oversnow vehicle. Penalty: 20 penalty units. (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 5—General matters relating to entry and permits 33. All permits to be affixed to vehicle r. 32 -- 26 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 24 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. 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 sub-regulation (1) must be accompanied by a fee of $20.00. (3) On receipt of an application in accordance with sub-regulations (1) and (2), the relevant Board may issue a replacement permit. _______________ r. 34 -- 27 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 25 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) Sub-regulation (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 r. 35 -- 28 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 26 (c) any skiing facilities, equipment or property of a Board. Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to a person who undertakes an activity specified in that sub- regulation— (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. r. 38 -- 29 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 27 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) Sub-regulation (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 (c) camp not less than 20 metres from any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse; and r. 39 -- 30 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 28 (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) Sub-regulation (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 (c) a lease or licence issued under the Crown Land (Reserves) Act 1978 in respect of an alpine resort— r. 42 -- 31 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 29 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) Sub-regulation (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) Sub-regulation (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 (b) in accordance with— (i) an authority; or r. 43 -- 32 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 30 (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) Sub-regulation (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 sub- regulation (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. (2) Sub-regulation (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— r. 44 -- 33 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 31 (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) Sub-regulation (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. (2) Sub-regulation (1) does not apply to a person who— r. 45 -- 34 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 32 (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) Sub-regulation (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. 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. r. 47 -- 35 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 33 (2) Sub-regulation (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. (2) Sub-regulation (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— r. 50 r. 51 -- 36 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 34 (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 sub-regulation (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. (3) Sub-regulation (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. r. 52 -- 37 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 35 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) Sub-regulations (1), (2) or (3) do not apply to a person who undertakes an activity specified in any of those sub-regulations 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. 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. -- 38 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 36 (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) Sub-regulations (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. 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 r. 54 -- 39 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 37 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 sub-regulation (2), ensure that wheel chains are properly fitted to the vehicle in the manner directed by that officer. Penalty: 20 penalty units. 55. 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 sub-regulation (1) or (2). Penalty: 5 penalty units. 56. 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. r. 55 -- 40 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 38 (2) A person must comply with a direction of an authorised officer under sub-regulation (1). Penalty: 20 penalty units. 57. 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 sub-regulation (1). Penalty: 20 penalty units. _______________ r. 57 -- 41 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 39 PART 5—TRANSITIONAL 58. Transitional provision (1) Despite the commencement of regulation 4, an authority given under regulation 11 of the Alpine Resorts (General) Regulations 1996 1 and in force immediately before the commencement of regulation 4 continues to have effect for the period for which it was given as if it were an authority granted under regulation 13 of these Regulations. (2) Despite the commencement of regulation 4, an entry permit or other permit issued under Part 4 of the Alpine Resorts (General) Regulations 19962, for the 1998 snow season and in force immediately before the commencement of regulation 4 is deemed to have effect as if it were an entry permit or other permit issued under Part 3 of these Regulations. __________________ r. 58 -- 42 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 40 SCHEDULES SCHEDULE 1 REVOKED REGULATIONS S.R. No. Title 103/1990 Alpine Resorts (Application Fees) Regulations 1990 79/1991 Alpine Resorts (Cross Country Trail Fees) Regulations 1991 123/1993 Alpine Resorts Advisory Council (Remuneration, Expenses and Allowances) Regulations 1993 109/1994 Alpine Resorts (Fees) Regulations 1994 176/1994 Alpine Resorts (Register of Interests) Regulations 1994 52/1995 Alpine Resorts (Cross Country Trail Fees) (Amendment) Regulations 1995 43/1996 Alpine Resorts (General) Regulations 1996 121/1996 Alpine Resorts (Remuneration, Expenses and Allowances) Regulations 1996 147/1996 Alpine Resorts (Leasing) Regulations 1996 39/1997 Alpine Resorts (Cross Country Trail Fees) (Amendment) Regulations 1997 38/1997 Alpine Resorts (General) (Amendment) Regulations 1997 __________________ Sch. 1 -- 43 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 41 SCHEDULE 2 FEES FOR VEHICLE ENTRY PERMIT Column 1 Item No. Column 2 Type of vehicle Column 3 Maximum fee per day Column 4 Maximum fee per annum (if applicable) 1. Bus authorised under the Transport Act 1983 to operate a regular scheduled service to an alpine resort $5.00 for each passenger not applicable 2. Bus (other than a bus authorised under the Transport Act 1983 to operate a regular scheduled service to an alpine resort) $7.00 for each passenger not applicable 3. Motor vehicle $21.00 $252.00 4. Motorcycle or trailer $7.00 $84.00 __________________ Sch. 2 -- 44 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 42 SCHEDULE 3 FEES FOR CROSS COUNTRY SKI TRAIL PERMIT Column 1 Item No. Column 2 Type of permit Column 3 Maximum fee for daily permit Column 4 Maximum fee for season permit (if applicable) 1. Family (up to 6 people with a maximum of 2 adults) $20.00 $240.00 2. Adult $8.00 $100.00 3. Child (aged between 5 and 17 years) $4.00 $50.00 ═══════════════ Sch. 3 -- 45 of 46 -- S.R. No. 46/1998 Alpine Resorts (Management) Regulations 1998 43 NOTES 1 Reg. 58(1): S.R. No. 43/1996. Subsequently amended by S.R. No. 38/1997. 2 Reg. 58(2): S.R. No. 43/1996. Subsequently amended by S.R. No. 38/1997. Notes -- 46 of 46 --