Water Industry (Melbourne Parks and Waterways) Regulations 1996

i Water Industry (Melbourne Parks and Waterways) Regulations 1996 S.R. No. 99/1996 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provisions 1 103. Commencement 2 104. Definitions 2 105. Application 2 106. Exempt persons 2 PART 2—OPEN SPACES AND PARKS 3 201. Access to parks 3 202. General prohibitions 4 203. Fishing 7 204. Camping 7 205. Animals 7 206. Horses 8 207. Interference with fauna 8 208. Events 9 209. Directions by authorised officers 9 210. Unattended property 10 211. Written authorities 11 212. Continuing offence 11 ═══════════════ -- 1 of 13 -- 1 STATUTORY RULES 1996 S.R. No. 99/1996 Water Industry Act 1994 Water Industry (Melbourne Parks and Waterways) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 24 September 1996 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management N. C. WHITE Acting Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are— (a) to provide for the care, preservation, protection, management and use of, and the preservation of good order in, open space and parks under the management and control of Melbourne Parks and Waterways; (b) to prescribe penalties and other matters authorised to be prescribed by the Act. 102. Authorising provisions These Regulations are made under sections 149 and 184 of the Water Industry Act 1994. -- 2 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 2 103. Commencement These Regulations come into operation on 1 October 1996. 104. Definitions In these Regulations— "authorised officer" means an officer of MPW authorised by MPW either generally or for the purpose of the provision in which the expression appears; "MPW" means Melbourne Parks and Waterways; "the Act" means the Water Industry Act 1994; "vehicle" has the same meaning as in the Road Safety Act 1986. 105. Application These Regulations apply in all open spaces and parks owned, managed or controlled by MPW, but do not apply to Crown lands managed by MPW under section 14 of the Crown Land (Reserves) Act 1978. 106. Exempt persons 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 officer of MPW; (c) a contractor, volunteer or other person carrying out any work for, or acting on the instructions of, MPW; (d) a person dealing with a fire, flood or other public emergency. _______________ r. 103 -- 3 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 3 PART 2—OPEN SPACES AND PARKS 201. Access to parks (1) MPW may enclose or set aside any area in an open space or park— (a) to protect or conserve any flora or fauna; (b) to protect any catchment or works; (c) to protect members of the public; (d) to reclaim or re-vegetate any land; (e) for bringing animals or walking dogs or riding, leading or driving horses, camels or donkeys; (f) for roads, tracks or parking areas; (g) for structures, amenities or facilities; (h) in which camping, cricket, golfing or other recreational activities are permitted; (i) to protect the interests of a lessee or licensee of land controlled by MPW; (j) to be used exclusively for a specified recreational use; (k) to preserve and protect the features of the open space or park. (2) MPW may prohibit or restrict access to or through all or any building, structure or area within an open space or park— (a) to vehicles generally or vehicles of a particular class; or (b) to members of the public; or (c) to all animals or particular species, types or classes of animals. r. 201 -- 4 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 4 (3) When making any determination for the purposes of sub-regulation (1) or (2), MPW must have regard to the reasonable needs of the public to enter and enjoy an open space or park. (4) A determination under sub-regulation (1) may specify the times or periods during which the area may be used for the purposes or activities for which it has been enclosed or set aside or must not be used for the purposes or activities specified. (5) A determination under sub-regulation (2) may specify the times or periods during which entry or access to or through all or any building, structure or area within an open space or park is prohibited or restricted. (6) MPW must cause signs or notices to be erected or displayed indicating the areas enclosed or set aside under sub-regulation (1) and the times and circumstances in which access is restricted or prohibited under sub-regulation (2) in such a place and manner that the particulars of the restrictions or prohibitions are likely to be seen by persons affected by them. (7) A person must not— (a) enter any area enclosed or set aside by MPW under sub-regulation (1); or (b) enter an open space or park or a building, structure or area within an open space or park to which access has been prohibited or restricted under sub-regulation (2)— in contravention of a notice or sign displayed in accordance with sub-regulation (6) unless the person is authorised in writing by MPW. Penalty applying to this sub-regulation: 10 penalty units. 202. General prohibitions r. 201 r. 202 -- 5 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 5 (1) A person must not on or in any open space or park without the prior written authorisation of MPW— (a) undertake any commercial activity; or (b) sell, trade or hire, or advertise, offer or display for sale, trade or hire, any good or service; or (c) take any photograph, film, video or audio- recording, television or radio broadcast for commercial purposes; or (d) offer or display any vehicle for hire or carry passengers for reward; or (e) solicit or collect money; or (f) drive, ride, use, moor or park a vehicle or vessel other than in a place enclosed or set aside under regulation 201(1) as a place where the public may drive, ride, use, moor or park a vehicle or vessel; or (g) display any sign or hand out or disseminate any material; or (h) erect any structure; or (i) dig up or remove any rock, clay, sand or soil; or (j) cut, fell, pick, remove or intentionally destroy or damage any wild flower, plant, shrub, tree or other vegetation whether alive or dead; or (k) introduce and leave in the open space or park any vegetation, bird or fish; or (l) cause or permit a beehive to be placed. Penalty: 10 penalty units. -- 6 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 6 (2) Sub-regulation (1)(d) does not apply to any person operating a commercial passenger vehicle within the meaning of section 86 of the Transport Act 1983. (3) A person must not on or in any open space or park— (a) damage, interfere with or remove any structure, building, sign, equipment or other property of MPW; or (b) light, maintain or use a fire except in a fireplace provided, or in an area enclosed or set aside under regulation 201(1), for that purpose by MPW; or (c) cause or permit— (i) 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 (ii) any activity which may disturb or be dangerous to other people or flora or fauna; or (iii) any activity which may interfere with or obstruct any event or activity authorised under regulation 208; or (d) behave in an indecent or offensive manner; or (f) harass, capture, kill or injure any bird or animal; or (g) destroy, disturb or interfere with the habitat, nest or burrow of any bird or animal. Penalty applying to this sub-regulation: 20 penalty units. r. 202 -- 7 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 7 203. Fishing A person must not in any area enclosed or set aside under regulation 201(1) for the protection or conservation of flora or fauna use any— (a) fishing rod, line or net; or (b) vessel, raft, pontoon or similar device for the purpose of fishing. Penalty: 10 penalty units. 204. Camping A person must not camp in any open space or park except in an area enclosed or set aside under regulation 201(1) for camping purposes. Penalty: 10 penalty units. 205. Animals (1) A person must not— (a) bring, or cause to be brought, any animal into an open space or park; or (b) leave any animal in an open space or park; or (c) allow any animal to stray or wander into an open space or park. Penalty: 10 penalty units. (2) Sub-regulation (1)(a) does not apply— (a) to a disabled person bringing a dog into an open space or park to assist that person with respect to the person's disability; or (b) to a person who brings an animal into any part of an open space or park enclosed or set aside under regulation 201(1) for that purpose by MPW if that person ensures that— r. 203 -- 8 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 8 (i) the animal is at all times under the effective control of that person; (ii) when the animal is not participating in a show or competition, it is kept on a leash or halter; (iii) the animal does not interfere with the use of and enjoyment of the open space or park by other people or animals. (3) A person in charge of an animal in an open space or park must take reasonable steps to ensure that any part of that animal’s excrement does not remain on the open space or park. Penalty applying to this sub-regulation: 5 penalty units. 206. Horses A person must not in any open space or park— (a) leave a horse unbridled or unattended by a person except in an area enclosed or set aside under regulation 201(1) for that purpose; or (b) ride or drive a horse abreast of more than one other horse on any path or road; or (c) ride or drive a horse recklessly or in any manner which may disturb or be dangerous to any person or endanger flora or fauna. Penalty: 5 penalty units. 207. Interference with fauna A person must not in any open space or park possess, or use to hunt, kill or injure any bird or animal, any hunting knife, bow, arrow, firearm, r. 206 -- 9 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 9 poison, trap, snare or net unless authorised in writing by MPW. Penalty: 20 penalty units. 208. Events (1) A person must not take part in organising or conducting any— (a) sporting contest, demonstration or training class other than in an area enclosed or set aside under regulation 201(1) for that purpose by MPW; or (b) fete, carnival, concert or other public event; or (c) social event for 100 or more persons; or (d) commercial event— in an open space or park unless written authority for the activity or event has first been obtained from MPW. Penalty: 5 penalty units. (2) In deciding whether to grant authority under sub- regulation (1), MPW must have regard to the reasonable needs of the public to enter and enjoy the open space or park. 209. Directions by authorised officers (1) A person must comply with any reasonable direction given by an authorised officer to that person to take action to comply with these Regulations. Penalty: 5 penalty units. (2) A person must leave an open space or park if instructed to do so by an authorised officer if that r. 208 -- 10 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 10 authorised officer suspects on reasonable grounds that the person has contravened these Regulations. Penalty: 5 penalty units. 210. Unattended property (1) A person must not— (a) abandon; or (b) leave unattended in an open space or park for more than 24 hours— any vehicle, vessel, temporary structure or any item that interferes with the amenity of the open space or park or is dangerous to park visitors. Penalty: 10 penalty units. (2) If MPW considers that any property in any open space or park— (a) has been abandoned or left unattended as described in sub-regulation (1); or (b) is derelict and will or is likely to interfere with the proper or safe management or use of any part of the open space or park— it may cause the property to be moved or removed from the open space or park notwithstanding that notice under sub-regulation (3) or (4) has not been given. (3) If MPW can reasonably discover the name and address of the owner of any property moved or removed under sub-regulation (2), it may serve written notice on the owner requiring the owner to take possession of and to remove the property within the time specified in the notice. (4) If MPW cannot reasonably discover the name or address of the owner of any property then it must place a notice on or near the property and place an advertisement in a newspaper circulating in the r. 210 -- 11 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 11 local area requiring the owner to take possession of and to remove the property within the time specified in the notice. (5) If the owner fails to comply with the notice given under sub-regulation (3) or (4) within the time specified in the notice MPW may sell the property or dispose of the property. 211. Written authorities (1) MPW may issue written authorities for the purposes of these Regulations. (2) An authority given in writing by MPW under these Regulations— (a) is subject to such conditions as MPW determines; and (b) may be revoked by MPW by notice given in writing to the holder of the authority for any failure to comply with the authority. (3) A person to whom written authority is given under these Regulations must— (a) carry that authority at all times while the person is in any open space or park to which that authority relates; and (b) produce that authority whenever requested to do so by an authorised officer; and (c) comply with every condition of that authority. Penalty: 5 penalty units. 212. Continuing offence If a person contravenes or fails to comply with a provision of these Regulations and the contravention or failure is of a continuing nature, the person is liable for an additional penalty not exceeding 5 penalty units for each day on which r. 211 -- 12 of 13 -- S.R. No. 99/1996 Water Industry (Melbourne Parks and Waterways) Regulations 1996 12 the offence continues after conviction of the person for the offence. ═══════════════ r. 212 -- 13 of 13 --