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Alpine Resorts (General) Regulations 1996

Legislation · Victoria · 2020
i Alpine Resorts (General) Regulations 1996 S.R. No. 43/1996 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 4. Revocations 2 5. Definitions 2 6. Application of Regulations 4 PART 2—POWERS OF COMMISSION 5 7. Commission may declare snow season for alpine resorts 5 8. Commission may set aside areas in alpine resorts where entry or access is prohibited or restricted 5 9. Commission may set aside areas in alpine resorts for certain purposes 5 10. Commission must notify of details of determination 6 11. Commission may grant authorities for certain purposes 7 PART 3—GENERAL USE AND CONTROL OF ALPINE RESORTS 8 12. Offence to enter or remain in area where entry or access is prohibited or restricted 8 13. Behaviour 8 14. General offences 8 15. Games and activities 9 16. Camping 9 17. Hygiene 10 18. Dogs 11 19. Horses and camels 12 20. Other animals 12 21. Apiculture 13 22. Firearms and other weapons 13 23. Authorised officer may direct person to leave an area in an alpine resort 14 24. Use of toboggans, ski-bobs, sleds and inflatable devices 14 -- 1 of 32 -- Regulation Page ii 25. Hang gliding, parasailing and paragliding, landing of aircraft and by parachute 14 26. Vehicles and vessels 15 27. Powers of authorised officers in relation to vehicles 15 28. Use of wheel chains on vehicles 16 29. General offences relating to roads, works, etc in alpine resort 16 PART 4—ENTRY AND OTHER PERMITS 18 30. Commission may issue permits for entry to alpine resorts during snow season 18 31. Commission may determine maximum charges for permit to enter alpine resort 18 32. Offence to enter alpine resort without entry permit during the snow season 19 33. Commission may issue permits for use of facilities at Mt Buller Alpine Resort 19 34. Commission may issue snowmobile permit 20 35. All permits to be affixed to vehicle 21 36. Commission may issue replacement permits 21 PART 5—MATTERS REQUIRED TO BE PRESCRIBED 22 37. Service of notices 22 38. Prescribed form 22 39. Prescribed manner and time for payment of contributions 23 40. Prescribed rate of interest on debts due to Commission 23 PART 6—TRANSITIONAL 25 41. Transitional provision 25 SCHEDULES 26 SCHEDULE 1—Regulations revoked 26 SCHEDULE 2—Table of maximum charges for entry permits during the snow season 27 SCHEDULE 3—Notice of contributions under section 30 29 ═══════════════ NOTES 30 -- 2 of 32 -- 1 STATUTORY RULES 1996 S.R. No. 43/1996 Alpine Resorts Act 1983 Alpine Resorts (General) Regulations 1996 The Governor in Council, on the recommendation of the Alpine Resorts Commission, makes the following Regulations: Dated: 4 June 1996 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management A. WILTSHIRE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to provide for the development, protection, improvement, management and control of alpine resorts by— (i) regulating the general use and control of alpine resorts; and (ii) prescribing fees and charges for entry to alpine resorts; and (b) to prescribe various other matters required to be prescribed by the Act. -- 3 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 2 2. Authorising provisions These Regulations are made under sections 30 and 42 of the Alpine Resorts Act 1983. 3. Commencement These Regulations come into operation on 4 June 1996. 4. Revocations The Regulations listed in Schedule 1 are revoked to the extent specified in that Schedule. 5. Definitions In these Regulations— "Act" means the Alpine Resorts Act 1983; "authority" means— (a) a lease, licence, permit or other authority issued by the Commission under the Act; or (b) a written authority granted by the Commission under regulation 11; "authorised officer" means a person appointed by the Commission to be an authorised officer under section 39(1) of the Act; "firearm" means any weapon designed or adapted to discharge shot or a bullet or other missile by the expansion of gases produced in the weapon by the ignition of strongly combustible materials or by compressed air or other gases whether stored in the weapon in pressurised containers or produced in the weapon by mechanical means; "horse" includes a mule or a donkey; r. 2 -- 4 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 3 "inflatable device" means a pneumatic tube or similar device capable of being used for sliding down snow slopes; "school day" has the same meaning as in the Education Act 1958; "ski-bob" means an articulated, non-powered vehicle consisting of a low seat and steering handles and supported by one or two skis, that is used for sliding down snow slopes; "snow season" means— (a) any period declared by the Commission under regulation 7 to be the snow season in respect of a specified alpine resort in the year or years specified in the declaration; or (b) if a declaration under regulation 7 has not been made by the Commission in respect of an alpine resort for a particular year, the period commencing on 8 June and ending on 31 October in that year; "road" means— (a) a thoroughfare or way under the control of the Commission within an alpine resort; or (b) a declared road within the meaning of the Transport Act 1983; "vehicle" means a conveyance designed to be propelled or drawn by any means and includes— (a) a motor vehicle within the meaning of the Road Safety Act 1986; and (b) a motor cycle within the meaning of the Road Safety Act 1986; and r. 5 -- 5 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 4 (c) a bicycle, cart, trailer, caravan or horse-drawn vehicle; and (d) any vehicle designed for or capable of use in, on or over snow; and (e) a recreation vehicle within the meaning of the Road Safety Act 1986; "vessel" has the same meaning as in the Marine Act 1988. 6. Application of Regulations (1) These Regulations do not apply to make the Commission, or any employee or agent of the Commission, who is acting in the course of duty, liable for an offence. (2) Part 4 of these Regulations does not apply to— (a) officers, contractors, agents and employees of VicRoads while those officers are carrying out or engaged in works connected with the management of access roads to alpine resorts; or (b) officers and employees of the police force, ambulance services, State Emergency Service or Country Fire Authority acting in the course of duty; or (c) officers or employees of bodies responsible for the supply of water, gas, electricity or telecommunications to alpine resorts, when acting in the course of their duty. _______________ r. 6 -- 6 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 5 PART 2—POWERS OF COMMISSION 7. Commission may declare snow season for alpine resorts The Commission may, by instrument in writing, declare any period in any year specified in the declaration to be the snow season for any alpine resort specified in the declaration. 8. Commission may set aside areas in alpine resorts where entry or access is prohibited or restricted The Commission may determine that a specified area or areas within an alpine resort be set aside as an area where access or entry is prohibited or restricted— (a) for the bringing or parking of vehicles generally or vehicles of a particular class; or (b) to any person for skiing or use of a snowboard; or (c) for reasons of public safety; or (d) for the re-establishment of vegetation, or the protection, conservation or preservation of flora, fauna or natural features; or (e) for the carrying out of works or improvements or the protection of works, improvements, facilities or amenities; or (f) for other purposes in connection with the management, control, development or protection of an alpine resort. 9. Commission may set aside areas in alpine resorts for certain purposes The Commission may determine that a specified area or areas within an alpine resort be set aside— (a) as an area where camping is permitted; or r. 7 -- 7 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 6 (b) as an area where tobogganing, the use of a ski bob, sled or inflatable device is permitted; or (c) as an area where hang gliding, parasailing or paragliding is permitted; or (d) as an area where the riding or bringing of horses or camels is permitted; or (e) as an area where other specified recreational activities are permitted. 10. Commission must notify of details of determination (1) A determination under regulation 8 must specify— (a) the times or periods during which the entry or access is prohibited or restricted to an area; and (b) the reasons why entry or access is prohibited or restricted; and (c) the vehicles or vessels or classes of vehicles or vessels to which access to an area is prohibited or restricted, if any. (2) A determination under regulation 9 must specify— (a) the times or periods during which the area is set aside; and (b) the purpose for which the area has been set aside. (3) The Commission must ensure that signs or notices informing the public of any determination under regulation 8 or 9, including all details relating to the determination specified under sub-regulation (1) or (2), are displayed in such a place and manner that those details are reasonably likely to r. 10 -- 8 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 7 be seen by any person affected by the determination. 11. Commission may grant authorities for certain purposes (1) The Commission may, in writing, grant to any person or class or classes of persons, an authority to undertake any activity or class or classes of activity which would otherwise contravene regulations 12(1), 14(1), 16(1), 18(1), 19(1), 20(1), 21(1), 22(1), 25(1), 26(2), 29(1), (2) or (3) or 32(1). (2) An authority under sub-regulation (1) may be subject to any conditions the Commission considers necessary— (a) to ensure consistency with any management plan; or (b) for the protection of an alpine resort or any operations or works in an alpine resort; or (c) for the safety of persons and property within an alpine resort. (3) The Commission may, in writing, revoke an authority granted under sub-regulation (1). _______________ r. 11 -- 9 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 8 PART 3—GENERAL USE AND CONTROL OF ALPINE RESORTS 12. Offence to enter or remain in area where entry or access is prohibited or restricted (1) Subject to these Regulations, a person must not enter or remain in an area to which entry or access has been prohibited or restricted under regulation 8 in respect of which a notice or notices are displayed in accordance with regulation 10. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who, in accordance with an authority, enters or remains in any area to which entry or access is prohibited or restricted in contravention of a determination under regulation 8. 13. Behaviour A person must not in an alpine resort behave in a riotous, indecent, offensive, threatening, abusive or insulting manner or in a manner likely to cause danger or unreasonable disturbance to other persons. Penalty: 10 penalty units. 14. General offences (1) A person must not in an alpine resort— (a) mark, deface or in any way damage any natural rock surface or flora; or (b) mark, deface or in any way damage any building, seat, table, post, fence, tower, railing, pillar or other structure; or r. 12 -- 10 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 9 (c) mark, deface or in any way damage any skiing facilities, equipment or any property of the Commission; or (d) collect firewood. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who undertakes an activity specified in that sub-regulation in accordance with an authority. 15. 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 likely to cause danger, injury or unreasonable disturbance to any person. Penalty: 10 penalty units. (2) 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 likely to damage any equipment, structure, flora or natural rock surface. Penalty: 10 penalty units. 16. Camping (1) A person must not in an alpine resort camp, erect a tent or use a caravan or other mobile structure for camping. Penalty: 10 penalty units. r. 15 -- 11 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 10 (2) Sub-regulation (1) does not apply to a person who camps, erects a tent or uses a caravan— (a) in an area set aside by the Commission under regulation 9 as an area where camping is permitted; and (b) in accordance with an authority granted by the Commission. (3) Sub-regulation (1) does not apply to a person who camps or erects a tent in an alpine resort in an emergency. 17. Hygiene (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 or used 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 (c) camp not less than 20 metres from any river, stream, well, spring, creek, lake, lagoon, swamp, marsh, dam, bore or watercourse; and (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: 10 penalty units. r. 17 -- 12 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 11 (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: 10 penalty units. 18. 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: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who, in accordance with an authority, brings or allows a dog under his or her control to enter or remain in an alpine resort, if the dog— (a) is kept on a leash and is under that person’s effective control at all times; and (b) 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. r. 18 -- 13 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 12 19. 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 an alpine resort. Penalty: 10 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 9 as an area where horses or camels are permitted; and (b) as part of an organised trail ride conducted in accordance with an authority. (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: 10 penalty units. 20. Other animals (1) A person must not— (a) bring any animal into an alpine resort other than a dog, horse or camel brought into an alpine resort in accordance with regulations 18 and 19; or r. 19 -- 14 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 13 (b) allow an animal (other than a dog, horse or camel) under his or her control to remain in an alpine resort. Penalty: 10 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— (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 animals through an alpine resort in a vehicle; or (c) if the person is acting in accordance with an authority. 21. Apiculture (1) A person must not keep an apiary in an alpine resort. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who keeps an apiary in accordance with an authority. 22. 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: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who— (a) carries or discharges a firearm, bow, missile, explosive or firework— r. 21 -- 15 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 14 (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. 23. Authorised officer may direct person to leave an area in an alpine resort An authorised officer may, if satisfied on reasonable grounds that it is in the interests of safety to do so, direct a person to leave an area in an alpine resort that has been set aside under regulation 9— (a) as an area where the use of toboggans, ski-bobs, sleds, or inflatable devices is permitted; or (b) as an area where hang gliding, parasailing or paragliding is permitted. 24. Use of toboggans, ski-bobs, sleds and inflatable devices (1) A person must not in an alpine resort use a toboggan, sled, ski-bob or inflatable device. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who uses a toboggan, sled, ski-bob or inflatable device in an alpine resort in an area that has been set aside under regulation 9 where the use of those devices is permitted. 25. Hang gliding, parasailing and paragliding, landing of aircraft and by parachute (1) A person must not in an alpine resort— r. 23 -- 16 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 15 (a) land a helicopter or other aircraft; 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: 10 penalty units. (2) Sub-regulations (1)(a) and (b) do not apply to a person who lands a helicopter or other aircraft— (a) in an emergency; or (b) in accordance with an authority. (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 9 as an area where those activities are permitted. 26. Vehicles and vessels 1 (1) A person must not, in an alpine resort, drive a vehicle so as to obstruct, impede or interfere with the operations or works of the Commission, its employees or contractors. Penalty: 10 penalty units. (2) A person must not park, or leave a vehicle or vessel standing on any grassland or rehabilitated surface. Penalty: 10 penalty units. (3) Sub-regulation (2) does not apply to a person who, in accordance with an authority, parks or leaves a vehicle or vessel standing on any grassland or rehabilitated surface. 27. Powers of authorised officers in relation to vehicles (1) For reasons of safety or for the management, protection and control of an alpine resort, an authorised officer may give directions to a person r. 26 -- 17 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 16 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 any direction of an authorised officer in relation to the movement, direction, speed, stopping or parking of the vehicle, given under sub-regulation (1). Penalty: 10 penalty units. 28. 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: 10 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 fitted to the drive wheels of that vehicle. (3) A person in charge of a vehicle entering an alpine resort during the snow season must, when directed to do so by an authorised officer, ensure that wheel chains are properly fitted to the drive wheels of the vehicle. 29. General offences relating to roads, works, etc in alpine resort (1) A person must not place any obstruction across any road in an alpine resort. Penalty: 10 penalty units. (2) A person must not damage or obstruct any bridge, sewer pipe, water pipe or any other works of the r. 28 -- 18 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 17 Commission on, over, under or along any road in an alpine resort. Penalty: 10 penalty units. (3) A person must not— (a) remove or damage any gate, barrier, or lock; or (b) damage or interfere with any road, ski trail or other area within an alpine resort; or (c) drive a vehicle beyond a gate or barrier within an alpine resort. 10 penalty units. (4) Sub-regulations (1), (2) and (3) do not apply to a person who undertakes an activity specified in any of those sub-regulations in accordance with an authority. _______________ r. 29 -- 19 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 18 PART 4—ENTRY AND OTHER PERMITS 30. Commission may issue permits for entry to alpine resorts during snow season (1) On payment of the charge determined by the Commission under regulation 31, if any, the Commission may issue a permit authorising entry during the snow season to an alpine resort or resorts specified in the permit by— (a) a vehicle specified in the permit; or (b) 2 vehicles specified in the permit that are registered either in the name of one person or in the names of 2 persons residing at the same address; or (c) a vehicle specified in the permit, that is to be used by a person employed in the alpine resort during that snow season. (2) A permit under sub-regulation (1) must specify— (a) the alpine resort or resorts to which the permit applies; and (b) the areas within the alpine resort that access is permitted to; and (c) the period for which the permit applies. (3) In this regulation, a reference to a vehicle does not include a snowmobile. 31. Commission may determine maximum charges for permit to enter alpine resort The Commission may determine any charge not exceeding the maximum charge specified in column 3 of the table in Schedule 2, in respect of the type of vehicle specified in column 2 of that table, for a permit to enter any specified alpine resort or alpine resorts during the snow season. r. 30 -- 20 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 19 32. Offence to enter alpine resort without entry permit during the snow season (1) A person must not, during the snow season, bring or drive a vehicle in respect of which a charge or fee is payable for entry under this Part into an alpine resort unless that person does so in accordance with a valid current entry permit issued by the Commission under regulation 30. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who brings or drives a vehicle in respect of which a fee or charge is payable for entry under this Part into an alpine resort if that person is acting in accordance with an authority which allows entry without paying a fee or charge in respect of a vehicle. (3) Sub-regulation (1) does not apply to a person who brings or drives a vehicle in respect of which a fee or charge is payable under this Part, into the Mt Hotham alpine resort, if the person is travelling through that alpine resort to a place outside the resort. (4) In this regulation, a reference to a vehicle does not include a snowmobile. 33. Commission may issue permits for use of facilities at Mt Buller Alpine Resort (1) A person may apply to the Commission for a permit of the type specified in the table, for use of facilities during the snow season by the vehicle specified in the permit, in the Mt Buller Alpine Resort. r. 32 -- 21 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 20 Table Type of permit Charge 4 wheel drive—commercial permit $147.00 4 wheel drive—Village access permit $230.00 4 wheel drive—Village permit $395.00 (2) The Commission may, on payment of the appropriate charge specified in sub-regulation (1), issue a permit to the applicant. (3) A permit issued under sub-regulation (2) may be subject to such conditions as are determined by the Commission with regard to— (a) the manner in which the vehicle may be used; and (b) the places in which the vehicle may be used; and (c) the purposes for which the vehicle may be used. (4) The holder of a permit issued under sub- regulation (2) must comply with any conditions of the permit. 34. Commission may issue snowmobile permit (1) A person may, on payment of an application fee of $15.00, apply to the Commission for a permit to use a snowmobile at any specified alpine resort for a specified snow season. (2) The Commission may, on receipt of an application under sub-regulation (1) issue the applicant with a permit to ride or drive a snowmobile at any alpine resort specified in the permit for the snow season specified in the permit, if the snowmobile is r. 34 -- 22 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 21 registered in accordance with the Road Safety Act 1986 and regulations under that Act. (3) A permit issued under sub-regulation (2) may be subject to such conditions as are determined by the Commission with regard to— (a) the manner in which the snowmobile may be used; and (b) the places in which the snowmobile may be used; and (c) the purposes for which the snowmobile may be used. (4) The holder of a permit issued under sub- regulation (2) must comply with any conditions of the permit. 35. All permits to be affixed to vehicle A person who holds a permit under this Part must take reasonable steps to ensure that the permit remains affixed to the windscreen or side window of the vehicle to which the permit relates at all times while the vehicle is within the alpine resort. 36. Commission may issue replacement permits (1) If a permit issued under this Part is lost, stolen or damaged, the holder of the permit may apply in writing to the Commission for a replacement permit. (2) An application under sub-regulation (2) must be accompanied by a fee not exceeding $5.00, as determined by the Commission. (3) The Commission may, on receipt of an application in accordance with sub-regulation (2), issue a replacement permit. _______________ r. 35 -- 23 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 22 PART 5—MATTERS REQUIRED TO BE PRESCRIBED 37. Service of notices If, for the purposes of the Act or the regulations, a notice is required to be given to or served on a person, the notice may be given or served— (a) by delivering it to the person; or (b) by sending it by the pre-paid post address of the person, if any, specified by the person for the serving of notices for the purposes of the Act or the regulations; or (c) if no such address is specified, at the person’s usual or last known place of residence or that person’s last known place of business; or (d) if, in the opinion of the chief executive officer, the person cannot be found, or is keeping out of the way to avoid service, by notice published in a newspaper generally circulating in the location; or (e) if the person is a corporation, in addition to any of the means specified in paragraphs (a) to (d), by giving or sending the notice to the registered office of that corporation, to a person apparently in the service of the corporation to whom the notice is required to be given or served. 38. Prescribed form For the purposes of section 30(3) of the Act, the prescribed form is the form in Schedule 3. r. 37 -- 24 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 23 39. Prescribed manner and time for payment of contributions (1) For the purposes of section 30(4) of the Act, a lessee of Crown land in an alpine resort must ensure that— (a) all moneys payable under section 30 (1)(a) of the Act are paid to the Commission not more than 30 days after the date of the notice of the amounts fixed by the Commission; and (b) all moneys payable under section 30(1)(b) of the Act are paid to the Commission in equal instalments on 28 February, 30 June and 31 August in each year for the period fixed by the Commission. (2) For the purposes of section 30(4) of the Act, an occupier of other land in an alpine resort must ensure that— (a) all moneys payable under section 30 (1)(a) of the Act are paid to the Commission no more than 30 days after the date the Commission notified the occupier of the amounts fixed by the Commission; and (b) all moneys payable under section 30(1)(b) of the Act are paid to the Commission in equal instalments on 28 February, 30 June and 31 August in each year for the period fixed by the Commission. 40. Prescribed rate of interest on debts due to Commission For the purposes of section 30(4) (b) of the Act, the prescribed rate of interest on debts due to the Commission in default of payment of moneys payable under section 30 of the Act— r. 39 -- 25 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 24 (a) is the rate fixed by section 2 of the Penalty Interest Rates Act 1983 as in force from time to time; and (b) is calculated pro rata for each day from the date on which the payment is due until the date on which the payment in full is received by the Commission. _______________ r. 40 -- 26 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 25 PART 6—TRANSITIONAL 41. Transitional provision (1) Despite the revocation of the 2 Alpine Resorts (General) Regulations 1985, an authority given under regulation 29 of those Regulations continues to have effect for the period for which it was given as if it were an authority granted under regulation 11 of these Regulations. (2) Despite the revocation of the 3 Alpine Resorts (General) Regulations 1985, a snow season declared under those Regulations and in force immediately before the commencement of these Regulations is deemed to be a snow season declared under regulation 7 of these Regulations. (3) Despite the revocation of the 4 Alpine Resorts (Entry) Regulations 1985, a current entry permit issued under those Regulations continues to have effect for the duration of the period specified in the permit as if it were a valid current entry permit issued under these Regulations. __________________ r. 41 -- 27 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 26 SCHEDULES SCHEDULE 1 Regulations revoked S.R. No. Regulations Title Extent of revocation 204/1985 Alpine Resorts (General) Regulations 1985 Whole 205/1985 Alpine Resorts (Entry) Regulations 1985 Whole 243/1985 Alpine Resorts (Prescribed Forms) Regulations 1985 Whole 130/1986 Alpine Resorts (Entry) (Amendment) Regulations 1986 Whole 101/1987 Alpine Resorts (Entry) (Amendment) Regulations 1987 Whole 175/1988 Alpine Resorts (Entry) (Amendment) Regulations 1988 Whole 41/1989 Alpine Resorts (Entry) (Amendment) Regulations 1989 Whole 105/1990 Alpine Resorts (Entry) (Amendment) Regulations 1990 Whole 80/1991 Alpine Resorts (Entry) (Amendment) Regulations 1991 Whole 100/1993 Alpine Resorts (Entry) (Amendment) Regulations 1993 Whole 109/1994 Alpine Resorts (Fees) Regulations 1994 Regulation 3 166/1994 Alpine Resorts (Prescribed Forms) (Amendment) Regulations 1994 Whole __________________ Sch. 1 -- 28 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 27 SCHEDULE 2 Table of maximum charges for entry permits during the snow season Column 1 Item No. Column 2 Type of Vehicle Column 3 Maximum Charges (all resorts unless otherwise specified) 1.0 Buses— 1.1 Seating capacity of 7-15 passengers Day of arrival $50.00 Each subsequent consecutive day or part day $16.00 If used for school excursion (on school days) A fee not exceeding half of amount applicable for the day or arrival and each subsequent day or part day 1.2 Seating capacity of 16-29 passengers Day of arrival $90.00 Each subsequent consecutive day or part day $20.00 If used for school excursion (on school days) A fee not exceeding half of amount applicable for the day of arrival and each subsequent day or part day 1.3 Seating capacity of 30 or more passengers Day of arrival $200.00 Each subsequent consecutive day or part day $20.00 Sch. 2 -- 29 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 28 Column 1 Item No. Column 2 Type of Vehicle Column 3 Maximum Charges (all resorts unless otherwise specified) If used for school excursion (on school days) A fee not exceeding half of amount applicable for the day of arrival and each subsequent day or part day. 1.4 Bus authorised under the Transport Act 1983 to operate a regular scheduled service to alpine resort Each passenger aged more than 14 years of age $3.50 Each passenger aged 14 years and under A fee not exceeding half of the amount applicable to a passenger aged over 14 years of age 2.0 Motor Vehicles Day of arrival $16.00 Each subsequent consecutive day or part day $8.00 Season's pass $200.00 3.0 Motorcycles Day of arrival $5.00 Each subsequent consecutive day or part day $2.50 __________________ Sch. 2 -- 30 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 29 SCHEDULE 3 Notice of contributions under section 30 .................................................................Alpine Resort (Insert name of alpine resort) Invoice Number....................... Date of Notice.......................... Debtor Number........................ Name of Lessee of Crown land................................................................. ................................................................................................................. In accordance with section 30 (1) of the Alpine Resorts Act 1983, the Commission has fixed the amounts specified in the table below which are payable by you as contributions towards the costs incurred by the Commission in providing community services in alpine resorts and in the administration of the Alpine Resorts Act 1983, including the supply and maintenance of community services within alpine resorts, during the period specified in the Table. Table Period of contribution Amount payable under section 30(1)(a) Amount payable under section 30(1)(b) ═══════════════ Sch. 3 -- 31 of 32 -- S.R. No. 43/1996 Alpine Resorts (General) Regulations 1996 30 NOTES 1 The parking of vehicles and other matters relating to vehicles in alpine resorts are regulated under the Road Safety Act 1986 and Regulations under that Act. 2 S.R. No. 204/1985 amended by S.R. No. 243/1985 and extended by S.R. No. 65/1995. Revoked by these Regulations. 3 S.R. No. 204/1985 amended by S.R. No. 243/1985 and extended by S.R. No. 65/1995. Revoked by these Regulations. 4 S.R. No. 205/1985 reprinted to S.R. No. 109/1994 and extended by S.R. No. 64/1995. Revoked by these Regulations. -- 32 of 32 --