Alpine Resorts (Management) Regulations 2020 (Victoria)

These Regulations set out the detailed, operational rules that give effect to the Alpine Resorts (Management) Act 1997. Mechanically they do four broad things.

First, they create the legal machinery for Boards of alpine resorts to control access and use of resort land. That machinery comprises (a) set aside determinations , written determinations by a Board that reserve particular areas for specified uses or prohibit access (see reg 9 and the list in reg 7); (b) authorities , written permissions issued by a Board authorising specified persons, vehicles or aircraft to enter, use or carry out activities in set-aside areas (reg 11); and (c) signage and publication obligations tied to those determinations (regs 9(2)-(4), 15(2), 23A(6)).

Second, the Regulations specify a suite of offences and regulatory requirements that apply to visitors, drivers and commercial users in alpine resorts. Examples include offences for entering closed areas (reg 16(3)), failing to pay entry fees (reg 19(1)), failing to comply with authority conditions (reg 14), failing to carry or fit wheel chains during the snow season (regs 24-26), contraventions concerning fires (regs 44-47), camping limits and location restraints (reg 42), and protection of flora, fauna and cultural heritage (regs 58-66). Many offences carry fixed penalty units (see provisions throughout; examples: reg 15(3) 20 penalty units, reg 24 20 penalty units, reg 10 10 penalty units).

Third, the Regulations authorise operational enforcement powers and procedures. Authorised officers, authorised persons and police are empowered to direct people to leave or remain in areas (reg 17), direct drivers in relation to vehicle movement and fitting of wheel chains (regs 26, 28), remove or cause removal of obstructing vehicles and impound them pending payment of reasonable removal and storage costs (reg 29), seize animals found at large (reg 35), and direct people to extinguish or remove fires (reg 47). The Board may appoint authorised persons in writing (reg 27) and may set aside impound storage areas (reg 29(1)).

Version No. 002

Alpine Resorts (Management) Regulations 2020

S.R. No. 128/2020

Version incorporating amendments as at
16 August 2022

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

Division 1—General 1

1 Objective 1

2 Authorising provision 2

3 Definitions 2

Division 2—Application of Regulations 8

4 Application of Regulations to parties to certain agreements 8

5 Offences do not apply to certain persons acting in the course of their duties 8

6 Application of Regulations to members of traditional owner groups 9

Division 3—Common provisions for determinations and authorities 10

7 What is a set aside determination? 10

8 Board may declare snow season for alpine resorts 10

9 Determinations setting areas aside 11

10 Offence not to comply with conditions of determinations setting areas aside 12

11 Issuing of authorities 12

12 Board may issue replacement authority 12

13 Surrender and cancellation of authorities 13

14 Offence to fail to comply with an authority 14

Part 2—Entry into alpine resorts 15

Division 1—Entry generally 15

15 Temporary closure of alpine resort to entry 15

16 Board may determine parts of alpine resort to which entry is prohibited 17

17 Authorised officer or police officer may direct person to remain or leave an alpine resort or an area of an alpine resort 17

Division 2—Fees for entry to alpine resorts 18

18 Board may determine fees for entry 18

19 Offence to enter an alpine resort without paying a fee determined by the Board 20

Part 3—Vehicles and aircraft 22

Division 1—Using, driving or parking vehicles in alpine resorts 22

20 Using, driving or parking vehicles in alpine resorts 22

21 Board may determine fees for the use, driving or parking of vehicles 23

22 Board may waive fee for the use, driving or parking of vehicles 24

Division 2—Wheel chains in alpine resorts 24

23 Definitions in this Division 24

23A Determination of devices that are wheel chains by the Mount Buller and Mount Stirling Alpine Resort Management Board 25

24 Requirement to carry wheel chains during the snow season 26

25 Requirement to fit wheel chains during the snow season 28

26 Powers of authorised officers, authorised persons or police officers in relation to wheel chains 28

Division 3—Powers to direct or remove vehicles 29

27 Appointment of authorised person 29

28 Powers of authorised officers, authorised persons or police officers in relation to vehicles 30

29 Power of authorised officers to remove vehicles 30

Division 4—Restrictions on use of aircraft 31

30 Using aircraft prohibited without an authority 31

Part 4—Restrictions on bringing animals into alpine resorts 32

31 Riding and bringing horses or pack animals into an alpine resort 32

32 Bringing dogs into alpine resorts 33

33 Bringing other animals into alpine resorts 33

34 Appropriate disposal of animal faeces 34

35 Seizure and impounding of live animals 34

Part 5—Recreation 36

Division 1—Snowplay 36

36 Areas for skiing, snowboarding and other snowplay activities 36

37 Use of toboggans, sleds, ski-bobs, inflatable devices, kite skis or snow feet 36

38 Cross country skiing 37

39 Board may determine fee for use of area set aside for cross country skiing 37

40 Ski equipment to be fitted with certain mechanisms 39

41 Use of ski lifts 39

Division 2—Camping 40

42 Camping 40

43 Board may determine fee for camping in an alpine resort 42

Division 3—Fires 42

44 Areas for lighting or maintaining fires 42

45 Campfires or barbecues using solid fuel 43

46 Campfires or barbecues using liquid fuel, gaseous fuel or chemical fuel 44

47 Extinguishment of campfires and barbecues 45

48 Litter and pollution 45

Part 6—General use and control of alpine resorts 47

Division 1—Public safety and amenity 47

49 Dangerous or disturbing activities 47

50 Firearms, weapons and other dangerous objects 47

51 Prohibition on possessing or consuming liquor 47

52 Hygiene 48

53 Buildings, structures and signs 48

54 Obstruction 50

55 Advertising, soliciting and public speaking 50

56 Organised events 51

57 Authorised officer or police officer may direct person to cease an activity in an alpine resort 52

Division 2—Protection of natural features 52

58 Interfering with animals 52

59 Interfering with vegetation 53

60 Introduction and planting of vegetation 54

61 Interfering with rocks or similar natural objects 55

62 Interfering with cultural heritage 55

63 Digging or taking of material 56

64 Introduction of material 56

65 Beehive prohibited in an alpine resort 56

66 Use of soap, detergent or similar substance 57

Schedule 1—Maximum fees for entry to an alpine resort 58

Schedule 2—Maximum fees for cross country skiing 59

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Endnotes 60

1 General information 60

2 Table of Amendments 62

3 Explanatory details 63

Version No. 002

Alpine Resorts (Management) Regulations 2020

S.R. No. 128/2020

Version incorporating amendments as at
16 August 2022

Part 1—Preliminary

Division 1—General

1 Objective

The objective of these Regulations is to provide for the protection, management and control of alpine resorts by—

(a) prohibiting access to areas of alpine resorts or parts of alpine resorts by persons and vehicles; and

(b) setting aside areas in alpine resorts for public use for—

(i) the use and parking of vehicles; and

(ii) camping; and

(iii) cross country skiing; and

(iv) skiing and snowboarding; and

(v) the use of snowplay equipment; and

(vi) the landing of aircraft; and

(vii) riding and leading horses; and

(d) prescribing offences for—

(i) the protection of flora and fauna and water supply catchments in alpine resorts; and

(ii) regulating the behaviour of persons in alpine resorts; and

(e) prescribing fees for—

(i) entry into alpine resorts; and

(ii) access and use of areas set aside for public use; and

(f) prescribing other matters to give effect to the Alpine Resorts (Management) Act 1997; and

(g) preserving traditional owner rights and customs where a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010.

2 Authorising provision

These Regulations are made under section 57 of the Alpine Resorts (Management) Act 1997.

3 Definitions

In these Regulations—

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

aircraft includes an aeroplane, helicopter, glider, hot air balloon, hang-glider, paraglider, parasail, parachute and drone, whether piloted or remote controlled;

animal means any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

authorised officer means a person appointed as an authorised officer under Part 9 of the Conservation, Forests and Lands Act 1987 for the purposes of the Act;

authorised person means a person appointed under regulation 27(1);

authority means an authority issued under these Regulations by the Board of an alpine resort;

Board means an Alpine Resort Management Board established under Part 4 of the Act;

bus means a motor vehicle with seats for more than 9 persons;

camp means—

(a) to erect, occupy, or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or

(b) to occupy or use a swag or sleeping bag; or

campfire or barbecue means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;

commercial motor vehicle has the same meaning as in the Road Safety Act 1986;

cross country skiing means the activity of skiing across open country, but does not include skiing on downhill ski runs;

cultural heritage has the same meaning as in the Heritage Act 2017;

day visitor means a person who enters an alpine resort after 7.00 a.m. and leaves the alpine resort before midnight on the same day;

emergency has the same meaning as in the Emergency Management Act 1986;

emergency activity has the same meaning as in the Emergency Management Act 1986;

emergency services agency has the same meaning as in the Emergency Management Act 1986;

fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988;

firearm has the same meaning as in the Firearms Act 1996;

firewood means dead plant material not attached to a standing plant including a shrub or tree;

flora has the same meaning as in the Flora and Fauna Guarantee Act 1988;

inflatable device means a pneumatic tube or similar device capable of being used for sliding down snow slopes;

kite ski means a board, ski or other device that uses the power of a kite or similar equipment to propel a person across the snow;

liquid fuel, gaseous fuel or chemical fuel includes any manufactured fuel which can be ignited;

liquor has the same meaning as in the Liquor Control Reform Act 1998;

litter means any solid or liquid domestic or commercial waste, refuse, debris or rubbish and includes any waste glass, metal, plastic, paper, fabric, wood, food, soil, sand, concrete or rocks, abandoned vehicles, abandoned vehicle parts and garden remnants and clippings;

motor cycle has the same meaning as in the Road Safety Act 1986;

motor vehicle has the same meaning as in the Road Safety Act 1986;

pack animal includes any animal, other than a horse, that is capable of being ridden or carrying a load;

public fireplace means a fireplace provided in an alpine resort by a Board for the general use of visitors;

road has the same meaning as in section 3(1) of the Road Management Act 2004;

ski-bob means a non-powered vehicle consisting of a low seat and steering handles and supported by one or 2 skis, that is able to be used for sliding down ski slopes;

snow feet means a shoe or boot attachment that is equipped with a ski edge allowing for ease of movement across snow;

snow season means—

(a) any period declared by the Board of an alpine resort under regulation 8 to be the snow season in respect of the alpine resort in the year or years specified in the declaration; or

(b) if a declaration under regulation 8 has not been made in respect of an alpine resort for a particular year, the period commencing on 1 June in the year and ending on 31 October in the year;

solid fuel includes—

(a) vegetation, wood, coal and coke; and

(b) manufactured solid combustible material made from vegetation, wood, coal or coke, including but not limited to, paper, cardboard, sawdust or coal or coke by-products;

the Act means the Alpine Resorts (Management) Act 1997;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

vegetation means any algae, fungi, non-vascular or vascular plant including any tree, bush, shrub or herb in any stage of biological development and whether alive or dead but does not include—

(a) food for human or animal consumption; or

(b) plant-based manufactured objects;

vehicle has the same meaning as in the Road Safety Act 1986 but does not include any of the following—

(a) a wheelchair;

(b) a motorised wheelchair;

(d) any other device used for the conveyance of disabled or injured persons;

volunteer emergency worker has the same meaning as in the Emergency Management Act 1986;

waste includes—

(a) any matter whether solid, liquid, gaseous or radio-active which is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment; and

(b) any greenhouse gas substance emitted or discharged into the environment; and

(d) any otherwise discarded, rejected, unwanted surplus or abandoned matter intended for—

(i) recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or

(ii) sale.

Division 2—Application of Regulations

4 Application of Regulations to parties to certain agreements

A person acting under the terms and conditions of any agreement entered into under the Act, or a lease or licence granted over or in relation to an alpine resort, is not subject to these Regulations to the extent that the activities authorised by that agreement, lease or licence are inconsistent with these Regulations.

5 Offences do not apply to certain persons acting in the course of their duties

The following persons do not commit an offence under these Regulations when acting in the course of their duties or functions—

(a) the Alpine Resorts Co-ordinating Council or a Board;

(b) an employee of the Alpine Resorts Co‑ordinating Council or a Board;

(c) a contractor, agent or volunteer or other person carrying out any work for or acting on the authority or instruction of the Alpine Resorts Co-ordinating Council or a Board;

(d) an authorised officer;

(e) a police officer;

(f) a person employed under Part 3 of the Public Administration Act 2004 who is carrying out a duty or function under a relevant law within the meaning of the Conservation, Forests and Lands Act 1987;

(g) an operational staff member within the meaning of the Ambulance Services Act 1986;

(h) an officer, agent, contractor or employee of VicRoads while carrying out or engaged in works connected with the management of access roads to alpine resorts;

(i) an officer, employee or volunteer emergency worker of an emergency services agency when engaged in an emergency activity or discharge of a responsibility, function or other role in relation to an emergency;

(j) an authorised officer within the meaning of the Aboriginal Heritage Act 2006.

6 Application of Regulations to members of traditional owner groups

(1) If a traditional owner group entity has a traditional owner group agreement, any provision of these Regulations (other than a regulation specified in subregulation (2)) that provides for an offence in relation to an activity that is an agreed activity within the meaning of that Part does not apply to a member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.

(2) For the purposes of subregulation (1) the following regulations are specified—

(a) regulation 17;

(b) regulation 20;

(d) regulation 25;

(e) regulation 26;

(f) regulation 28;

(g) regulation 32(3);

(h) regulation 47;

(i) regulation 57.

Division 3—Common provisions for determinations and authorities

7 What is a set aside determination?

In this Division, set aside determination means a determination made by the Board of an alpine resort under any of the following—

(a) regulation 16(1);

(b) regulation 20(1);

(d) regulation 30(1);

(e) regulation 31(1);

(f) regulation 36(1);

(g) regulation 37(1);

(h) regulation 38(1);

(i) regulation 42(1);

(j) regulation 44(1);

(k) regulation 51(1);

(l) regulation 59(3).

8 Board may declare snow season for alpine resorts

The Board of an alpine resort may, by instrument, declare any period in any years specified in the declaration, to be the snow season for the alpine resort.

9 Determinations setting areas aside

(1) A set aside determination may specify all or any of the following—

(a) that it applies to the whole of the alpine resort or a specific area or areas of the alpine resort;

(b) that it applies on all days, times or periods or on specific days, times or periods;

(d) that it applies to all equipment or a class of equipment;

(e) any conditions to which the use of the area set aside is subject.

(2) A set aside determination must be in writing.

(3) The Board of an alpine resort must ensure that signs or notices informing the public of a set aside determination are displayed in such places and in such a manner that the signs or notices are likely to be seen by any person affected by the determination.

(4) A sign or notice displayed under subregulation (3) must indicate—

(a) the nature of the determination; and

(b) any conditions to which the use of the area set aside is subject.

(5) The Board of an alpine resort may amend or revoke a set aside determination.

(6) If a Board of an alpine resort amends or revokes a set aside determination the Board must ensure that any sign or notice displayed under subregulation (3) is amended or removed to reflect that amendment or revocation.

10 Offence not to comply with conditions of determinations setting areas aside

A person entering or engaging in conduct or an activity in an area set aside by a set aside determination, other than by a set aside determination under regulation 16(1), must comply with any conditions included in the set aside determination applying to that area.

Penalty: 10 penalty units.

Note

There is a separate offence under regulation 16(3) for contravention of a set aside determination made under regulation 16(1).

11 Issuing of authorities

(1) An authority issued by the Board of an alpine resort authorises the holder to enter the alpine resort or use an area of the alpine resort or engage in an activity in the alpine resort specified in the authority—

(a) for the purposes specified in the authority; and

(b) for the period specified in the authority; and

(2) An authority issued by the Board of an alpine resort must be in writing.

12 Board may issue replacement authority

(1) If an authority issued under these Regulations is lost, stolen or damaged, the person to whom the authority was issued may apply for a replacement authority to the Board which issued the authority.

(2) A Board of an alpine resort may determine a fee that is payable to it by a person to make an application under subregulation (1).

(3) A fee determined by a Board under subregulation (2) must not exceed 2·43 fee units.

13 Surrender and cancellation of authorities

(1) The holder of an authority issued under these Regulations may surrender the authority by writing given to the Board.

(2) The Board of an alpine resort may cancel an authority issued by the Board by written notice served on the holder of the authority—

(a) if the holder of the authority has—

(i) breached the conditions of the authority; or

(ii) breached these Regulations; or

(b) if the continuation of the authority is likely to be detrimental to, or interfere with the management and protection of, the natural environment, features, or visitors in an alpine resort; or

(3) The notice of the cancellation must be served on the holder—

(a) by delivering it personally to the person; or

(b) by leaving it at the person's usual or last known place of residence or business with someone who is apparently—

(i) over the age of 16 years; and

(ii) residing at that place or, in the case of a place of business, in charge of or employed at that place; or

(d) if the person has given an electronic address as an available means of service, by electronic communication to that electronic address.

(4) Cancellation of the authority takes effect—

(a) if the notice is served personally, at the time of service; or

(b) if the notice is left at the person's usual or last known place of residence or business, at the time it is left; or

(d) if the person has given an electronic address as an available means of service, at the time of electronic communication to that electronic address.

14 Offence to fail to comply with an authority

The holder of an authority must comply with the authority.

Penalty: 10 penalty units.

Part 2—Entry into alpine resorts

Division 1—Entry generally

15 Temporary closure of alpine resort to entry

(1) The Board of an alpine resort may by determination temporarily close the alpine resort or an area of the alpine resort to entry by the public if, in the opinion of the Board, there is likely to be a significant danger to public safety due to—

(a) a fire, avalanche, land slip, earthquake or other disaster; or

(b) a threat of a fire, avalanche, land slip, earthquake or other disaster; or

(2) The Board of an alpine resort must, as soon as practicable after making a determination under subregulation (1)—

(a) publish notice of the determination in one or more of the following ways—

(i) in a newspaper generally circulating in the Melbourne metropolitan area and in the locality to which the notice relates;

(ii) by means of a broadcast from a broadcasting station in the State;

(iii) by publication on the website of the alpine resort; and

(b) as far as practicable, ensure that signs or notices setting out details of the determination are displayed in such a place and manner that the details are reasonably likely to be seen by persons affected by them at the entrances to the alpine resort.

(3) A person must not enter the alpine resort or an area of the alpine resort to which a determination under subregulation (1) applies.

Penalty: 20 penalty units.

(4) A determination made under subregulation (1) remains in force for 14 days after it is made, unless revoked earlier by the Board under subregulation (5).

(5) If the circumstances that led to the determination being made under subregulation (1) no longer apply, the Board must, as soon as practicable, revoke the determination and reopen the alpine resort or area of the alpine resort to entry by the public.

(6) The Board of an alpine resort must, as soon as practicable after a determination has been revoked under subregulation (5)—

(a) publish notice of the revocation in one or more of the following ways—

(i) in a newspaper generally circulating in the Melbourne metropolitan area and in the locality to which the notice relates;

(ii) by means of a broadcast from a broadcasting station in the State;

(iii) by publication on the website of the alpine resort; and

(b) cause the signs and notices referred to in subregulation (2)(b) to be removed.

16 Board may determine parts of alpine resort to which entry is prohibited

(1) The Board of an alpine resort may by determination set aside an area of an alpine resort as an area where entry is—

(a) prohibited; or

(b) restricted.

(2) A determination under subregulation (1) may be made for all or any of the following—

(a) reasons of public safety;

(b) to re-establish vegetation or to protect, conserve or preserve flora, fauna or natural features;

(d) to protect water supply catchments or waterways or the water quality of water supply catchments or waterways;

(e) any other purpose connected with the protection, control and management of the alpine resort.

(3) A person must not enter an area in an alpine resort in contravention of a determination made under subregulation (1).

Penalty: 10 penalty units.

17 Authorised officer or police officer may direct person to remain or leave an alpine resort or an area of an alpine resort

(1) Subject to subregulation (3), an authorised officer or police officer may direct a person—

(a) to leave an alpine resort or an area of an alpine resort; or

(b) to remain in an area of an alpine resort which appears to be safe; or

(2) A direction given under subregulation (1)(a) may include a direction not to re-enter an alpine resort or an area of an alpine resort for a specific period not exceeding 24 hours.

(3) An authorised officer or police officer may give a direction under subregulation (1) only if the authorised officer or police officer considers the direction is necessary for all or any of the following purposes—

(a) to avoid a contravention of these Regulations;

(b) to prevent the continuing contravention of these Regulations;

(d) the care, protection and management of an alpine resort.

(4) A person to whom a direction is given under subregulation (1) or (2) must comply with that direction.

Penalty: 20 penalty units.

Division 2—Fees for entry to alpine resorts

18 Board may determine fees for entry

(1) The Board of an alpine resort may determine fees that are payable for persons to enter the alpine resort—

(a) as a passenger in a bus; or

(b) in a motor vehicle other than a bus; or

(2) Any fee determined under subregulation (1) must not exceed the amount specified in—

(a) Column 3 of the table in Schedule 1, for each day that the person remains in the alpine resort; or

(b) Column 4 of the table in Schedule 1, for entry in a motor vehicle other than a bus, at any time during a period of 12 months.

(3) A determination made under subregulation (1) may specify different fees according to differences in time, place or circumstances, including—

(a) time of year, including seasons, or days of the week or length of stay within the alpine resort; and

(b) class of persons, including age or student enrolment status; and

(4) The Board of an alpine resort may grant an exemption from or a waiver or reduction, in whole or in part, of any fee determined under subregulation (1), including if the person applying to pay the fee has paid an annual fee to enter or use public areas in another alpine resort in respect of that vehicle for that year.

(5) If a Board makes a determination under subregulation (1), the Board must—

(a) cause signs or notices to be displayed in a place and in a manner likely to be seen by any persons affected by the determination; and

(b) publish any fee imposed on the website of the alpine resort.

19 Offence to enter an alpine resort without paying a fee determined by the Board

(1) A person must not, unless that person has paid the relevant entry fee, if any, determined by the Board of an alpine resort under this Division—

(a) enter an alpine resort; or

(b) bring a motor vehicle into an alpine resort.

Penalty: 5 penalty units.

(2) A person does not commit an offence against subregulation (1) if that person—

(a) is travelling directly through the alpine resort to a place outside that resort; or

(b) is a driver of a bus, commercial motor vehicle or aircraft, who has entered the alpine resort for the purpose of bringing persons to that alpine resort; or

(c) is a person entering the alpine resort outside the snow season who is not given a reasonable opportunity to pay the fee for entry or use of the public areas in the alpine resort; or

(d) is acting under an authority issued by the Board under subregulation (3); or

(e) is a member of a traditional owner group who is bound by a traditional owner group agreement and is entering the alpine resort for the purpose of carrying out an agreed activity.

(3) The Board of an alpine resort may issue an authority authorising a person to enter an alpine resort without paying a fee.

(4) The person in charge of a motor vehicle for which a fee is paid under subregulation (1) must display any ticket issued for payment of the fee on the windscreen, side window or other prominent place on the vehicle at all times while the vehicle is in the alpine resort.

Penalty: 5 penalty units.

(5) An offence against subregulation (1)(b) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

Part 3—Vehicles and aircraft

Division 1—Using, driving or parking vehicles in alpine resorts

20 Using, driving or parking vehicles in alpine resorts

(1) The Board of an alpine resort may by determination set aside any area in the alpine resort as an area where—

(a) using, driving or parking a vehicle or a vehicle of a class is permitted without an authority of the Board; or

(b) using, driving or parking a vehicle or a vehicle of a class is prohibited unless the person using, driving or parking the vehicle holds an authority issued under subregulation (3).

(2) A person must not use, drive or park a vehicle in an alpine resort unless—

(a) that person does so in an area set aside under subregulation (1) for that specified purpose; and

(b) if the area is set aside under subregulation (1)(b), that person—

(i) uses, drives or parks the vehicle in accordance with an authority issued under subregulation (3); and

(ii) has paid the fee determined by the Board under regulation 21.

Penalty: 10 penalty units.

(3) The Board of an alpine resort may issue an authority to a person to use, drive or park a vehicle, or a vehicle of a class, in an area set aside under subregulation (1)(b).

(4) A person who uses, drives or parks a vehicle in accordance with an authority issued under subregulation (3) must ensure that the authority remains displayed on the windscreen, side window or other prominent place of the vehicle to which the authority relates—

(a) if the authority relates to the whole of the alpine resort, at all times while the vehicle is within the alpine resort; or

(b) if the authority relates to an area or areas set aside under subregulation (1), at all times while the vehicle is within the area or areas.

Penalty: 5 penalty units.

(5) An offence against subregulation (2) or (4) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

21 Board may determine fees for the use, driving or parking of vehicles

(1) The Board of an alpine resort may determine fees for using, driving or parking vehicles under an authority.

(2) A fee determined by the Board for—

(a) using and driving a vehicle in accordance with an authority must not exceed 33·15 fee units per year; or

(b) using, driving and parking a vehicle in accordance with an authority must not exceed 57·37 fee units per year; or

(c) using, driving and parking a vehicle in accordance with an authority that is transferable to another vehicle must not exceed 191·22 fee units per year; or

(d) using, driving and parking a vehicle specifically designed for use on or over snow in accordance with an authority must not exceed 2·32 fee units per year.

(3) A determination under subregulation (1) may be of general application or may apply to a specified class or classes of cases.

(4) In determining a fee under subregulation (1), the Board must take into account—

(a) commercial and marketing considerations; and

(b) whether the vehicle is being used or driven for commercial or private purposes; and

22 Board may waive fee for the use, driving or parking of vehicles

If a person is required, under the terms or conditions of a lease, a licence, an authority or an agreement with the Board of an alpine resort, to provide a vehicle in connection with the purposes of that lease, licence, authority or agreement, the Board may reduce or waive any fee payable for using, driving or parking that vehicle in the alpine resort under an authority.

Division 2—Wheel chains in alpine resorts

23 Definitions in this Division

In this Division—

4 wheel drive vehicle includes an all-wheel drive vehicle;

snow tyre means a tyre whose tread pattern, tread compound and structure are specifically designed to achieve better performance, on a road affected by snow or ice, than that of a normal tyre with regard to its ability to initiate, maintain or stop vehicle motion;

Reg. 23 def. of wheel chains substituted by S.R. No. 67/2022 reg. 4.

wheel chains means any devices designed to be fitted to wheels of a motor vehicle to increase the directional stability and traction of the wheels of that vehicle on a road affected by snow or ice that are—

(a) if the motor vehicle is within the Mount Buller Alpine Resort or the Mount Stirling Alpine Resort, devices determined to be wheel chains in any determination made under regulation 23A that applies to the Resort; and

(b) in any other case, devices made up of chains in a diamond pattern.

Reg. 23A inserted by S.R. No. 67/2022 reg. 5.

23A Determination of devices that are wheel chains by the Mount Buller and Mount Stirling Alpine Resort Management Board

(1) The Mount Buller and Mount Stirling Alpine Resort Management Board (the Board) may determine that devices are wheel chains for motor vehicles for the purposes of this Division within the Mount Buller Alpine Resort or the Mount Stirling Alpine Resort or both of those alpine resorts.

(2) A determination made under subregulation (1) must specify the following—

(a) either or both of the alpine resorts referred to in subregulation (1) to which the determination applies;

(b) the type or description of the devices that are determined to be wheel chains;

(3) In making a determination under subregulation (1), the Board must have regard to—

(a) the safety of the public; and

(b) the suitability of the devices to be used according to the general conditions of the roads within an alpine resort to which the determination applies during the snow season.

(4) A determination made under subregulation (1) must be published in the Government Gazette.

(5) A determination made under subregulation (1) comes into effect on the date it is published in the Government Gazette or any later date specified in the determination.

(6) As soon as practicable after a determination made under subregulation (1) is published in the Government Gazette, the Board must—

(a) publish the details of the determination on any website maintained by the Board; and

(b) display a copy of the determination at the entrance to an alpine resort to which the determination applies.

(7) The Board may vary or revoke a determination made under subregulation (1) at any time during which the determination is in force.

(8) A determination made under subregulation (1) ceases to have effect on 31 October 2022, unless revoked earlier under subregulation (7).

24 Requirement to carry wheel chains during the snow season

(1) Subject to subregulation (2), the driver of a motor vehicle who enters an alpine resort must at all times during the snow season carry in the motor vehicle wheel chains suitable to be properly fitted to that motor vehicle.

Penalty: 20 penalty units.

(2) The Southern Alpine Resort Management Board may determine that subregulation (1) does not apply to the driver of a motor vehicle who is a day visitor on a specified day in an alpine resort for which the Board is responsible.

(3) A determination made under subregulation (2) may specify that the determination applies to—

(a) all motor vehicles, when entering or remaining in the alpine resort; or

(b) a class or classes of motor vehicles, when entering or remaining in the alpine resort.

(4) In making a determination under subregulation (2), the Southern Alpine Resort Management Board must take into account public safety considerations, including—

(a) the general conditions of the roads; and

(b) the extent of any snow or ice on the roads; and

(5) The Board must ensure that signs or notices informing the public of a determination made under subregulation (2) and providing any details of the motor vehicles or classes of motor vehicles to which the determination relates, are displayed adjacent to roads within the alpine resort in such a place and manner that those signs and notices are reasonably likely to be seen by any person affected by the determination.

25 Requirement to fit wheel chains during the snow season

(1) The Board of an alpine resort may erect a sign or notice in an alpine resort during the snow season (a fit wheel chains sign), requiring the driver of a motor vehicle to ensure that wheel chains are properly fitted to that motor vehicle.

(2) The driver of a motor vehicle must not drive past a fit wheel chains sign unless—

(a) the motor vehicle is properly fitted with wheel chains; or

(b) the fit wheel chains sign exempts the class of motor vehicle the driver is driving from the requirement to fit wheel chains.

Penalty: 20 penalty units.

Example

A fit wheel chains sign could exempt vehicles that have snow tyres fitted to all wheels.

(3) The Board of an alpine resort must ensure that a fit wheel chains sign—

(a) is displayed adjacent to roads within the alpine resort in such a place and manner that the sign is reasonably likely to be seen by any person affected; and

(b) provides details of the vehicles or classes of vehicles to which the sign relates.

(4) An offence against subregulation (2) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

26 Powers of authorised officers, authorised persons or police officers in relation to wheel chains

(1) An authorised officer, police officer or authorised person may, at any time during the snow season, for reasons of safety or for the management, protection or control of an alpine resort, direct the driver of a motor vehicle—

(a) to produce wheel chains suitable to be properly fitted to that motor vehicle; or

(b) to ensure that wheel chains are properly fitted to the drive wheels of that motor vehicle or, in the case of a 4 wheel drive vehicle, to either the front or rear wheels of that vehicle; or

(2) The driver of a motor vehicle must comply with a direction of an authorised officer, authorised person or police officer made under subregulation (1).

Penalty: 20 penalty units.

(3) Subregulations (1) and (2) do not apply to a driver of a motor vehicle who is acting in accordance with a determination made under regulation 24(2) or driving a vehicle specified in a fit wheel chains sign under regulation 25(2)(b).

Division 3—Powers to direct or remove vehicles

27 Appointment of authorised person

(1) The Board of an alpine resort may appoint an employee, contractor or agent of that Board as an authorised person for the purpose of giving directions under regulation 26(1) or 28(1).

(2) An appointment under subregulation (1) must be in writing.

28 Powers of authorised officers, authorised persons or police officers in relation to vehicles

(1) An authorised officer, authorised person or police officer may 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) An authorised officer, authorised person or police officer must not give a direction under subregulation (1) unless the authorised officer, authorised person or police officer is satisfied on reasonable grounds that it is—

(a) in the interests of safety to do so; or

(b) for the management, protection or control of an alpine resort.

(3) A person in charge of a vehicle must comply with a direction given under subregulation (1).

Penalty: 20 penalty units.

29 Power of authorised officers to remove vehicles

(1) The Board of an alpine resort may by determination set aside an area in the alpine resort as an area where impounded vehicles may be stored under this regulation.

(2) A person must not enter an area set aside by the Board of an alpine resort under subregulation (1) without the permission of the Board.

Penalty: 10 penalty units.

(3) An authorised officer may, in an alpine resort, remove or cause to be removed by means of lifting and carrying, or towing a vehicle to a part of the resort set aside under subregulation (1), if satisfied on reasonable grounds that the vehicle has been parked or left standing in a way that obstructs—

(a) a road; or

(b) a right of way; or

(4) The Board of an alpine resort may impound a vehicle removed under subregulation (3) until the owner of the vehicle has paid a fee to the Board representing the reasonable costs incurred in removing and impounding the vehicle.

Division 4—Restrictions on use of aircraft

30 Using aircraft prohibited without an authority

(1) The Board of an alpine resort may by determination set aside an area of the alpine resort as an area where aircraft may be landed or used with an authority of the Board.

(2) The Board of an alpine resort may issue an authority to a person to land or use an aircraft in an area of an alpine resort set aside under subregulation (1).

(3) A person must not land or use an aircraft in an alpine resort unless—

(a) the aircraft is landed or used in an area set aside under subregulation (1) for that purpose; and

(b) the person does so in accordance with an authority issued under subregulation (2).

Penalty: 20 penalty units.

Part 4—Restrictions on bringing animals into alpine resorts

31 Riding and bringing horses or pack animals into an alpine resort

(1) The Board of an alpine resort may by determination set aside any area of the alpine resort as an area where horses or pack animals are permitted with an authority of the Board.

(2) The Board of an alpine resort may issue an authority to a person to bring a horse or pack animal into, or lead or ride a horse or pack animal in, an area of the alpine resort set aside under subregulation (1).

(3) A person must not bring a horse or pack animal into, or lead or ride a horse or pack animal in, an alpine resort unless that person does so—

(a) in an area set aside under subregulation (1) for that purpose; and

(b) under an authority issued under subregulation (2).

Penalty: 20 penalty units.

(4) A person who brings a horse or pack animal into, or leads or rides a horse or pack animal in, an alpine resort must do so in a manner that does not endanger any other person or animal.

Penalty: 20 penalty units.

(5) The person in charge of a horse or pack animal must ensure that, in an alpine resort, the horse or pack animal is under the immediate control of that person at all times.

Penalty: 20 penalty units.

(6) Subregulations (3) and (5) do not apply if the horse or pack animal—

(a) is confined to a vehicle that is in transit through an alpine resort; or

(b) is an assistance animal.

32 Bringing dogs into alpine resorts

(1) The Board of an alpine resort may issue an authority to a person to bring a dog into, or allow a dog under that person's control to enter or be in an alpine resort.

(2) A person must not bring a dog into, or allow a dog under that person's control to enter or be in an alpine resort unless that person does so under an authority issued under subregulation (1).

Penalty: 10 penalty units.

(3) The owner of a dog, or if another person has the care and control of the dog, the person in charge of a dog must ensure that, in an alpine resort, the dog is under the immediate control of that person at all times.

Penalty: 10 penalty units.

(4) Subregulations (2) and (3) do not apply if the dog—

(a) is confined to a vehicle that is in transit through an alpine resort; or

(b) is an assistance animal.

33 Bringing other animals into alpine resorts

(1) The Board of an alpine resort may issue an authority to a person to bring an animal into, or allow an animal under that person's control to be in an alpine resort.

(2) A person must not bring an animal into, or allow an animal under that person's control to enter or be in an alpine resort unless that person does so under an authority issued under subregulation (1).

Penalty: 15 penalty units.

(3) The owner of an animal, or if another person has the care and control of the animal, the person in charge of an animal, must ensure that the animal is under the immediate control of that person at all times in an alpine resort.

Penalty: 15 penalty units.

(4) Subregulations (2) and (3) do not apply if the animal—

(a) is confined to a vehicle that is in transit through an alpine resort; or

(b) is an assistance animal.

(5) In this regulation, animal does not include a dog, horse or pack animal.

34 Appropriate disposal of animal faeces

A person who brings an animal into an alpine resort must—

(a) collect and remove from the alpine resort any faeces deposited by that animal; or

(b) ensure that any faeces deposited by that animal are placed in a receptacle provided in the alpine resort for that purpose.

Penalty: 10 penalty units.

35 Seizure and impounding of live animals

(1) An authorised officer or police officer may seize a live animal found at large in an alpine resort if the authorised officer or police officer is satisfied on reasonable grounds that the live animal—

(a) has been brought into, allowed to enter, or allowed to remain in an alpine resort in contravention of these Regulations; or

(b) is not fauna; or

(c) is likely to damage, destroy, harass or cause harm to the resort including any flora, fauna or people using the resort, other animals, property or water supply catchments in the resort.

(2) An authorised officer or police officer may deliver a live animal seized under subregulation (1) to a member of staff of the municipal council whose municipal district abuts the alpine resort.

Part 5—Recreation

Division 1—Snowplay

36 Areas for skiing, snowboarding and other snowplay activities

(1) The Board of an alpine resort may by determination set aside any area of the alpine resort as an area where skiing, snowboarding or engaging in other snowplay activities is permitted.

(2) A person must not ski, snowboard or engage in snowplay activities in an alpine resort unless that person does so in an area set aside under subregulation (1) for that purpose.

Penalty: 10 penalty units.

37 Use of toboggans, sleds, ski-bobs, inflatable devices, kite skis or snow feet

(1) The Board of an alpine resort may by determination set aside any area of the alpine resort as an area where the use of toboggans, sleds, ski-bobs, inflatable devices, kite skis, snow feet, or other snowplay equipment is permitted.

(2) A person, in an alpine resort, must not use a toboggan, sled, ski-bob, inflatable device, kite ski, snow feet or other snowplay equipment unless that person does so in an area set aside under subregulation (1) for that purpose.

Penalty: 10 penalty units.

Note

Under regulation 9(1) the determination could specify a class of equipment that may be used in the area set aside. For example, an area could be set aside for the use of toboggans and sleds only.

38 Cross country skiing

(1) The Board of an alpine resort may by determination set aside an area of the alpine resort as an area where—

(a) cross country skiing is permitted without an authority of the Board; or

(b) cross country skiing is prohibited unless the person holds an authority issued under subregulation (3).

(2) A person must not cross country ski in an alpine resort unless—

(a) that person does so in an area set aside under subregulation (1); and

(b) if the area is set aside as an area in which an authority is required under subregulation (1)(b), that person cross country skis—

(i) under an authority issued under subregulation (3); and

(ii) has paid the fee determined by the Board under regulation 39.

Penalty: 10 penalty units.

(3) The Board of an alpine resort may issue an authority to a person to cross country ski in an area set aside under subregulation (1)(b).

39 Board may determine fee for use of area set aside for cross country skiing

(1) The Board of an alpine resort may determine fees for using an area set aside for cross country skiing under an authority during the snow season.

(2) A fee determined by the Board under subregulation (1)—

(a) to use an area set aside for cross country skiing in the alpine resort for a day during the snow season in accordance with an authority of the type specified in Column 2 of the table in Schedule 2, must not exceed the amount specified in Column 3 of that table in respect of that type of authority; or

(b) to use an area set aside for cross country skiing in the alpine resort at any time during the snow season in accordance with an authority of the type specified in Column 2 of the table in Schedule 2, must not exceed the amount specified in Column 4 of that table in respect of that type of authority.

(3) In determining a fee under subregulation (1), the Board must take into account—

(a) commercial and marketing considerations; and

(b) seasonal conditions; and

(d) whether the persons to whom the authority is to be issued are—

(i) school children on an official group visit arranged with the Board; or

(ii) eligible pensioners within the meaning of the State Concessions Act 2004.

40 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 the device is fitted with a strap or other mechanism that is designed for and capable of stopping the device if the device becomes detached from the person.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to a person who uses cross country skis or a snowboard that is attached to the person by a mechanism incapable of automatic release.

41 Use of ski lifts

(1) A person in an alpine resort must not embark on or disembark from a ski lift other than at the place where the ski lift commences or finishes.

Penalty: 20 penalty units.

(2) A person in an alpine resort must not throw or intentionally drop any object from a ski lift.

Penalty: 20 penalty units.

(3) A person in an alpine resort must not, while on, or embarking on, or disembarking from a ski lift, behave in a manner that is likely to—

(a) interfere with the safe operation of the ski lift; or

(b) cause danger to any other person.

Penalty: 20 penalty units.

(4) A person in an alpine resort must not place any object in an uphill track of a J-bar, T-bar, platter pull, rope tow or any other surface lift.

Penalty: 20 penalty units.

(5) A person in an alpine resort must not embark on a ski lift that is indicated by signs or notices to be closed at that time.

Penalty: 20 penalty units.

(6) Subregulation (1) 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.

Division 2—Camping

42 Camping

(1) The Board of an alpine resort may by determination set aside an area of the alpine resort as an area where—

(a) camping is permitted without an authority of the Board; or

(b) camping is prohibited unless the person holds an authority issued under subregulation (3).

(2) A person must not camp in an alpine resort unless—

(a) that person does so in an area set aside under subregulation (1) for that specified purpose; and

(b) if the area is set aside as an area in which an authority is required under subregulation (1)(b), that person camps—

(i) under an authority issued under subregulation (3); and

(ii) has paid the fee determined by the Board under regulation 43.

Penalty: 10 penalty units.

(3) The Board of an alpine resort may issue an authority to a person to camp in an area set aside under subregulation (1)(b).

(4) Despite anything in a determination made under subregulation (1), a person who camps in or occupies a camping area or other amenity must not do so within 20 metres of any river, stream, creek, well, spring, dam, lake, reservoir, lagoon, pond, swamp, marsh, bore water body or watercourse.

Penalty: 10 penalty units.

(5) Subregulations (2) and (4) do not apply to a person who camps in the alpine resort in an emergency.

(6) If an authority issued under subregulation (3) does not specify a period for which a person may camp under the authority, a person must not camp under the authority for more than 21 consecutive nights.

Penalty: 5 penalty units.

(7) An authorised officer may, if satisfied on reasonable grounds that a person has contravened subregulation (2), (4) or (6), direct that person to—

(a) if the contravention relates to a structure or tent, dismantle and remove it from the site; and

(b) if the contravention relates to a vehicle, vessel or other moveable form of accommodation, remove it from the site.

(8) It is an offence for a person to fail to comply with a direction of an authorised officer under subregulation (7).

Penalty: 10 penalty units.

43 Board may determine fee for camping in an alpine resort

(1) The Board of an alpine resort may determine a fee for camping in an area of an alpine resort set aside for camping under regulation 42.

(2) A fee determined by the Board under subregulation (1) must not exceed 1·03 fee units for each night in the alpine resort, for a maximum of 6 people.

(3) In determining a fee under subregulation (1), the Board must take into account—

(a) commercial and marketing considerations; and

(b) seasonal conditions and the cost of fee collection.

Division 3—Fires

44 Areas for lighting or maintaining fires

(1) The Board of an alpine resort may by determination set aside an area of the alpine resort as an area where lighting, kindling or maintaining a fire in a place other than a public fireplace is permitted.

(2) A person must not light, kindle or maintain a fire in the open air in an alpine resort.

Penalty: 20 penalty units.

(3) Subregulation (2) does not apply to a person who lights, kindles or maintains a fire in an alpine resort at a time and during a period when the lighting or maintaining of fires is not prohibited under any Act and the person does so in—

(a) a public fireplace; or

(b) an area set aside under subregulation (1).

(4) In addition to any conditions imposed under regulation 9(1)(e), it is a condition of the use of an area set aside under a determination made under subregulation (1) that a person who lights, kindles or maintains a fire in an alpine resort under subregulation (3) must not do so within 20 metres of any river, stream, creek, well, spring, dam, lake, reservoir, lagoon, pond, swamp, marsh, bore water body or watercourse.

Note

Conditions of use in an area set aside by determination must be displayed in accordance with regulation 9(4)(b). Contravention of a condition of use is an offence under regulation 10.

45 Campfires or barbecues using solid fuel

(1) A person who lights, kindles or maintains a campfire or barbecue that uses solid fuel and that is in the open air in an alpine resort must ensure that—

(a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and

(b) the area of the campfire or barbecue is not in excess of 1 square metre; and

(c) the dimension of any piece of solid fuel that is being used in the campfire or barbecue is not more than 1 metre in any direction.

Penalty: 20 penalty units.

(2) The person in charge of a campfire or barbecue that uses solid fuel and that is in the open air in an alpine resort must not—

(a) be outside the line of sight of the campfire or barbecue; or

(b) be more than 50 metres from the perimeter of the campfire or barbecue.

Penalty: 20 penalty units.

46 Campfires or barbecues using liquid fuel, gaseous fuel or chemical fuel

(1) A person who lights, kindles or maintains a campfire or barbecue that uses liquid fuel, gaseous fuel or chemical fuel and that is in the open air in an alpine resort must ensure that—

(a) the ground and airspace within a distance of 1·5 metres from the outer perimeter and uppermost point of the fire are clear of flammable material; and

(b) if the fire is lit or maintained in an area of an alpine resort set aside under regulation 44(1)—

(i) the fire is contained in an appliance designed and commercially manufactured to use that fuel; and

(ii) the appliance when alight is placed in a stable position.

Penalty: 20 penalty units.

(2) The person in charge of a campfire or barbecue that uses liquid fuel, gaseous fuel or chemical fuel and that is in the open air in an alpine resort must not—

(a) be outside the line of sight of the campfire or barbecue; or

(b) be more than 50 metres from the perimeter of the campfire or barbecue.

Penalty: 20 penalty units.

47 Extinguishment of campfires and barbecues

(1) A person who has lit, kindled, maintained or used a campfire or barbecue in an alpine resort must remain within the line of sight of the campfire or barbecue and within 50 metres of the perimeter of the campfire or barbecue unless—

(a) the fire is completely extinguished; or

(b) another person who has the capacity and means to extinguish the fire is in charge of the fire.

Penalty: 20 penalty units.

(2) A person who has lit, kindled, maintained or used a campfire or barbecue or who has been left in charge of a campfire or barbecue in an alpine resort must extinguish the fire immediately when requested to do so by an authorised officer or police officer.

Penalty: 20 penalty units.

48 Litter and pollution

(1) A person who camps in or occupies a camping area or other amenity, or lights, kindles or maintains a fire in an alpine resort, must maintain the site clear of litter at all times.

Penalty: 10 penalty units.

(2) A person who camps in or occupies a camping area or other amenity, or lights, kindles or maintains a fire in an alpine resort, must before vacating that site, clear from that site—

(a) all litter; and

(b) any equipment for which that person is responsible.

Penalty: 10 penalty units.

Part 6—General use and control of alpine resorts

Division 1—Public safety and amenity

49 Dangerous or disturbing activities

(1) A person in an alpine resort must not engage in any activity in a manner that causes, or is likely to cause, danger to any person.

Penalty: 20 penalty units.

(2) A person in an alpine resort must not engage in any activity in a manner that causes, or is likely to cause, unreasonable disturbance to any person.

Penalty: 10 penalty units.

50 Firearms, weapons and other dangerous objects

(1) A person in an alpine resort must not possess or carry a firearm, bow or missile.

Penalty: 10 penalty units.

(2) A person in an alpine resort must not use a firearm, bow or missile.

Penalty: 20 penalty units.

(3) Subregulations (1) and (2) do not apply to a person who is acting under an authority issued under subregulation (4).

(4) The Board of an alpine resort may issue an authority authorising a person to possess, carry or use a firearm, bow or missile in the alpine resort.

51 Prohibition on possessing or consuming liquor

(1) The Board of an alpine resort may by determination set aside an area of the alpine resort as an area where the possession or consumption of liquor is prohibited.

(2) A person must not possess or consume liquor in an area set aside under subregulation (1) where the possession or consumption of liquor is prohibited.

Penalty: 5 penalty units.

52 Hygiene

A person must not leave behind or deposit faeces in an area of an alpine resort unless—

(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or

(b) if the person is not in an area in which toilet facilities are provided or readily available, the person does so by burying those faeces to a depth of at least 20 centimetres and at least 100 metres away from any river, stream, creek, well, spring, dam, lake, reservoir, lagoon, pond, swamp, marsh, bore water body or watercourse.

Penalty: 15 penalty units.

53 Buildings, structures and signs

(1) A person in an alpine resort must not erect, construct or place any building or similar structure (that is not a temporary structure) on, over or under the land.

Penalty: 10 penalty units.

(2) A person in an alpine resort must not destroy, remove, damage, displace, deface or interfere with anything erected or constructed in the alpine resort by or on behalf of the Board of the alpine resort.

Penalty: 20 penalty units.

(3) A person in an alpine resort must not erect, construct or place any temporary structure on, over or under the land unless that person does so—

(a) in the course of camping in accordance with regulation 42; or

(b) under an authority issued under subregulation (6).

Penalty: 10 penalty units.

(4) A person in an alpine resort must not erect, construct or place any sign or similar structure on, over or under the land unless that person does so under an authority issued under subregulation (6).

Penalty: 10 penalty units.

(5) A person in an alpine resort must not enter, occupy or use the whole or any part of any building or similar structure provided for public use, unless that person does so—

(a) in accordance with the purpose for which the building or similar structure is provided; or

(b) under an authority issued under subregulation (6).

Penalty: 5 penalty units.

(6) The Board of an alpine resort may issue an authority authorising a person to engage in an activity prohibited by subregulation (1), (2), (3), (4) or (5).

54 Obstruction

(1) A person, other than a person acting in accordance with an authority issued under subregulation (2), must not obstruct a road, right of way or area set aside for cross country skiing managed by the Board of an alpine resort.

Penalty: 20 penalty units.

(2) The Board of an alpine resort may issue an authority to a person to obstruct a road, right of way or area set aside for cross country skiing managed by the Board of the alpine resort.

(3) A person must not, in an alpine resort, obstruct, impede or interfere with the operations or works of—

(a) the Board of the alpine resort; or

(b) a person who is acting as—

(i) an employee of the Board; or

(ii) a contractor of the Board; or

(iii) a subcontractor of a contractor of the Board; or

(iv) an employee of a contractor of the Board or a subcontractor of a contractor of the Board.

Penalty: 10 penalty units.

55 Advertising, soliciting and public speaking

(1) A person, other than a person acting in accordance with an authority issued under subregulation (2), must not in an alpine resort—

(a) solicit or collect money; or

(b) display a sign for the purposes of advertising; or

(d) use any amplifier, public address system, loud hailer or any similar device to deliver an address of a commercial nature.

Penalty: 10 penalty units.

(2) The Board of an alpine resort may issue an authority authorising a person to engage in an activity referred to in subregulation (1).

56 Organised events

(1) A person must not in an alpine resort, conduct or organise an event or function that involves 30 or more persons, unless that person does so under an authority issued under subregulation (2).

Penalty: 10 penalty units.

(2) The Board may issue an authority authorising a person to conduct or organise an event or function that involves 30 or more persons.

(3) Without limiting regulation 11(1), an authority issued under subregulation (2) may include conditions relating to the—

(a) purpose of the event or function; and

(b) number of persons permitted to attend the event or function; and

(d) number and type of additional portable toilets required to be supplied by the applicants to service the event or function.

(4) In this regulation, an event or function includes—

(a) an entertainment or show; and

(b) a festival, rave party, fete, or public meeting; and

(d) a car rally, fishing competition or other competitive event; and

(e) a wedding or other ceremony; and

(f) a sport or recreational event.

57 Authorised officer or police officer may direct person to cease an activity in an alpine resort

(1) If satisfied on reasonable grounds that it is in the interests of safety to do so, an authorised officer or police officer may direct a person in an alpine resort who is engaging in an activity to cease engaging in the activity.

(2) A person must comply with a direction of an authorised officer or police officer under subregulation (1).

Penalty: 20 penalty units.

Division 2—Protection of natural features

58 Interfering with animals

(1) A person, other than a person acting in accordance with an authority issued under subregulation (3), must not in an alpine resort disturb, harass, hunt, capture, take, kill, injure or otherwise destroy or interfere with any animal.

Penalty: 20 penalty units.

(2) A person, other than a person acting in accordance with an authority issued under subregulation (3), must not in an alpine resort destroy, disturb, take or interfere with the nest, bower, display mound, lair or burrow of any animal.

Penalty: 20 penalty units.

(3) The Board of an alpine resort may issue an authority to a person to engage in an activity prohibited by subregulation (1) or (2).

59 Interfering with vegetation

(1) A person must not, in an alpine resort, cut, fell, pick, take, destroy or damage any vegetation.

Penalty: 20 penalty units.

(2) Subregulation (1) does not apply to—

(a) a person cutting and taking away firewood in an area set aside under subregulation (3); or

(b) a person cutting, felling, picking, taking, destroying or damaging any vegetation under and in accordance with an authority issued under subregulation (4).

(3) The Board of an alpine resort by determination may set aside an area of an alpine resort as an area where collecting firewood for the purposes of lighting or maintaining an indoor fireplace, campfire or barbecue within the resort in accordance with regulation 44 is permitted.

(4) The Board of an alpine resort may issue an authority authorising a person to engage in an activity prohibited by subregulation (1).

(5) A person who collects firewood in an alpine resort must not—

(a) remove the firewood from the alpine resort; or

(b) cut or take more than 0·25 cubic metres of firewood in a day; or

(d) cut or take away fallen or felled trees that are visibly hollow; or

(e) cut or take away fallen or felled trees growing moss or fungi; or

(f) tow or winch fallen or felled trees along the ground.

Penalty: 20 penalty units.

60 Introduction and planting of vegetation

(1) A person, other than a person acting in accordance with an authority issued under subregulation (3), must not knowingly bring any vegetation into an alpine resort.

Penalty: 20 penalty units.

(2) A person, other than a person acting in accordance with an authority issued under subregulation (3), must not plant or cultivate any vegetation in an alpine resort.

Penalty: 20 penalty units.

(3) The Board of an alpine resort may issue an authority to a person to engage in an activity prohibited by subregulation (1) or (2).

(4) A person does not commit an offence against subregulation (1) by bringing vegetation into an alpine resort if—

(a) the vegetation is a manufactured wooden object; or

(b) the vegetation is firewood and is brought into an alpine resort for the purposes of lighting or maintaining a fire in accordance with regulation 44.

61 Interfering with rocks or similar natural objects

(1) A person, other than a person acting in accordance with an authority issued under subregulation (2), must not—

(a) damage, deface or otherwise interfere with any rock or similar natural object in an alpine resort; or

(b) remove any rock or similar natural object from an alpine resort.

Penalty: 20 penalty units.

(2) The Board of an alpine resort may issue an authority to a person to engage in an activity prohibited by subregulation (1).

62 Interfering with cultural heritage

(1) A person, other than a person acting in accordance with an authority issued under subregulation (2), must not—

(a) excavate, damage, deface or otherwise interfere with any cultural heritage in an alpine resort; or

(b) remove any cultural heritage from an alpine resort.

Penalty: 20 penalty units.

(2) The Board of an alpine resort may issue an authority to a person to engage in an activity prohibited by subregulation (1).

(3) In this regulation, cultural heritage does not include Aboriginal cultural heritage within the meaning of the Aboriginal Heritage Act 2006.

63 Digging or taking of material

(1) A person must not dig or take from an alpine resort any gravel, shell grit, sand, soil or other similar material.

Penalty: 10 penalty units.

(2) A person does not commit an offence against subregulation (1) by—

(a) depositing or burying faeces in accordance with regulation 52; or

(b) camping or erecting a temporary structure in accordance with regulation 42 or 53; or

(d) acting in accordance with an authority issued under subregulation (3).

(3) The Board of an alpine resort may issue an authority to a person to engage in an activity prohibited by subregulation (1).

64 Introduction of material

A person must not knowingly bring into an alpine resort any gravel, shell grit, sand, soil or other similar material.

Penalty: 10 penalty units.

65 Beehive prohibited in an alpine resort

A person must not bring a beehive into an alpine resort or keep a beehive in an alpine resort.

Penalty: 10 penalty units.

66 Use of soap, detergent or similar substance

(1) A person must not use any soap, detergent or similar substance in any river, stream, creek, well, spring, dam, lake, reservoir, lagoon, pond, swamp, marsh, bore water body or watercourse in an alpine resort.

Penalty: 10 penalty units.

(2) A person who uses any soap, detergent or similar substance outdoors in an alpine resort must dispose of that substance—

(a) at least 50 metres away from any river, stream, well, spring, creek, dam, bore or watercourse; and

(b) at least 50 metres landward of the high-water mark of any pond, lake or reservoir.

Penalty: 10 penalty units.

Schedule 1—Maximum fees for entry to an alpine resort

Regulation 18(2)

Column 1	Column 2	Column 3	Column 4
Item No.	Form of entry	Maximum entry fee (per day)	Maximum annual entry fee
1	Passenger in a bus	1·31 fee units
2	Motor vehicle	4·14 fee units	49·67 fee units
3	Other	1·31 fee units

Schedule 2—Maximum fees for cross country skiing

Regulation 39(2)

Column 1	Column 2	Column 3	Column 4
Item No.	Type of Authority	Maximum fee for daily authority	Maximum fee for season authority (if applicable)
1	Family (up to 6 persons with a maximum of 2 adults)	2·55 fee units	30·60 fee units
2	Adult	1·02 fee units	12·75 fee units
3	Child (aged between 5 and 17 years)	$7.72	6·37 fee units

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Alpine Resorts (Management) Regulations 2020, S.R. No. 128/2020 were made on 17 November 2020 by the Governor in Council under section 57 of the Alpine Resorts (Management) Act 1997, No. 89/1997 and came into operation on 17 November 2020.

The Alpine Resorts (Management) Regulations 2020 will sunset 10 years after the day of making on 17 November 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Alpine Resorts (Management) Regulations 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Alpine Resorts (Management) Amendment Regulations 2022, S.R. No. 67/2022

Date of Making:	16.8.22
Date of Commencement:	16.8.22

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

1 Alpine Resorts (Management) Regulations 2020

Version No. 002

Alpine Resorts (Management) Regulations 2020

S.R. No. 128/2020

Version incorporating amendments as at
16 August 2022

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

Division 1—General 1

1 Objective 1

2 Authorising provision 2

3 Definitions 2

Division 2—Application of Regulations 8

4 Application of Regulations to parties to certain agreements 8

5 Offences do not apply to certain persons acting in the course of their duties 8

6 Application of Regulations to members of traditional owner groups 9

Division 3—Common provisions for determinations and authorities 10

7 What is a set aside determination? 10

8 Board may declare snow season for alpine resorts 10

9 Determinations setting areas aside 11

10 Offence not to comply with conditions of determinations setting areas aside 12

11 Issuing of authorities 12

12 Board may issue replacement authority 12

13 Surrender and cancellation of authorities 13

14 Offence to fail to comply with an authority 14

Part 2—Entry into alpine resorts 15

Division 1—Entry generally 15

15 Temporary closure of alpine resort to entry 15

16 Board may determine parts of alpine resort to which entry is prohibited 17

17 Authorised officer or police officer may direct person to remain or leave an alpine resort or an area of an alpine resort 17

Division 2—Fees for entry to alpine resorts 18

18 Board may determine fees for entry 18

19 Offence to enter an alpine resort without paying a fee determined by the Board 20

Part 3—Vehicles and aircraft 22

Division 1—Using, driving or parking vehicles in alpine resorts 22

20 Using, driving or parking vehicles in alpine resorts 22

21 Board may determine fees for the use, driving or parking of vehicles 23

22 Board may waive fee for the use, driving or parking of vehicles 24

Division 2—Wheel chains in alpine resorts 24

23 Definitions in this Division 24

The text builds on a small set of recurring concepts that structure the regulatory regime. Understanding these concepts is central to operationalising compliance and enforcement.

Set aside determination (reg 7 and reg 9): This is the primary instrument by which a Board allocates land within an alpine resort for particular purposes or restricts access. A set aside determination must be in writing (reg 9(2)), can cover whole resorts or defined areas (reg 9(1)(a)), can be time-limited or continuous (reg 9(1)(b)), and can apply to classes of persons, vehicles or equipment (reg 9(1)(c)-(d)). The Board must display signage or notices in places likely to be seen by affected persons and the notices must indicate the nature of the determination and any conditions of use (reg 9(3)-(4)). A Board may amend or revoke determinations and must update signage accordingly (reg 9(5)-(6)).

Authority (reg 11-14): An authority is a written permission issued by a Board that authorises entry, use of an area or engagement in an activity, subject to specified purposes, period and conditions (reg 11(1)-(2)). Authorities may be replaced if lost (reg 12), surrendered (reg 13(1)), or cancelled for breach or management reasons (reg 13(2)). Holders must comply with authorities (reg 14). The authority regime intersects with fee collection (see regs 18-21, 39, 43).

Snow season and wheel chains (regs 8 and 23-26): Boards may declare a snow season (reg 8). During the snow season the driver of a motor vehicle must carry wheel chains suitable for their vehicle (reg 24(1)), unless a Southern Alpine Resort Management Board determines otherwise for specified day visitors or vehicle classes (reg 24(2)-(4)). Boards may erect fit wheel chains signs requiring drivers to fit chains (reg 25) and authorised officers may require drivers to produce or fit wheel chains or leave the resort (reg 26). A specific power exists for the Mount Buller and Mount Stirling Board to determine particular devices that count as wheel chains (reg 23A).

Fees and fee caps (Part 2 Division 2; regs 18-21; Schedules 1-2): Boards may determine entry fees, vehicle use and parking fees and cross-country skiing fees, subject to maximums in the Schedules (reg 18(1)-(2), reg 21(2), reg 39(2)). Fees may be varied by time, place, class of person or vehicle and Boards may grant exemptions, waivers or reductions (reg 18(3)-(4), 21(3)-(4)). Fee units translate numeric maxima into monetary amounts by reference to the Monetary Units Act 2004; the Explanatory Details give the fee unit value for 2022 (endnotes).

Operator onus regime (regs 19(5), 20(5), 25(4)): Certain offences are declared to be operator onus offences for the purposes of Part 6AA of the Road Safety Act 1986. The Regulations therefore import that statutory mechanism for proving some vehicle- or driver-related offences; the text identifies which offences so qualify.

Rights and exemptions for particular actors (regs 4-6): Parties acting under agreements, leases or licences under the Act are not subject to inconsistent provisions of the Regulations (reg 4). A wide class of public actors , Boards, the Alpine Resorts Co-ordinating Council, employees, authorised officers, police, certain public servants, emergency services staff, and specified contractors , do not commit offences when acting in the course of their duties (reg 5). Members of traditional owner groups are exempt from most offence provisions when acting in accordance with a traditional owner group agreement, subject to specified exceptions (reg 6(1)-(2)).

Enforcement powers and procedural form (multiple regs): Authorised officers and police have a range of powers to direct people to remain or leave (reg 17), direct vehicle movement and parking (reg 28), require wheel chain fitting (reg 26), remove and impound vehicles (reg 29), seize animals (reg 35), and direct cessation of dangerous activities (reg 57). Many of these powers are conditioned by the requirement that the officer be satisfied on reasonable grounds that the direction is necessary for safety, prevention of contraventions, or management of the resort (see regs 17(3), 28(2), 29(3)).

Protection of natural features and public amenity (Parts 4-6): Numerous prohibitions protect vegetation, animals, water quality, cultural heritage and natural objects (regs 58-66). The regime also prescribes conduct to protect public amenity and safety: restrictions on fires and litter (regs 44-48), limits on camping location and duration (reg 42), rules about ski-lift behaviour and equipment (regs 40-41), and controls on advertising, events and obstruction (regs 55-56, 54).

Administrative formality obligations for Boards (regs 9, 12, 13, 15, 18): The Regulations repeatedly require Boards to put determinations and fee notices in writing, publish them and display signage; authorities must be written and displayed when authorising vehicle use (reg 11(2), reg 20(4)); replacement authorities may attract a capped fee (reg 12(2)-(3)); cancellation notices must be served by specified means and take effect at specified times (reg 13(3)-(4)); temporary closure determinations require publication and signage (reg 15(2)).

Collectively, these concepts allocate decision-making to local Boards, tie discretionary powers to written determinations and signage, create a layered offence and penalty structure, and provide enforcement tools and procedural protections for authorities and cancellations.

The Regulations create obligations and decision rights that fall on multiple discrete groups. The practical allocation of duties and rights is best understood by listing the principal affected actors and the ways in which the Regulations change their behaviour or choices, with references.

Boards and Alpine Resort Management Boards (reg 3 definition; regs 7-13, 15, 18-21, 23A, 29, 42, 44, 51): Boards are decision-makers. They may make set aside determinations (reg 9), declare the snow season (reg 8), issue, replace, cancel and surrender authorities (regs 11-13), determine and publish fees (regs 18, 21, 39), set aside impound areas (reg 29(1)), and determine camping, fires, animal and liquor restrictions (eg regs 42, 44, 51). Boards must display or publish determinations and fee notices (reg 9(3)-(4), reg 15(2), reg 18(5)). Boards must also appoint authorised persons in writing (reg 27) and, for Mount Buller/Mount Stirling, may determine what devices qualify as wheel chains (reg 23A).

Visitors and day visitors (regs 3 defn of day visitor; regs 15, 18, 19, 24): Visitors must comply with set-aside determinations, pay entry fees where imposed (regs 9, 18-19), carry wheel chains during the snow season (reg 24), and obey directions from authorised officers and police (regs 17, 26, 28, 57). Day visitors are a defined class; reg 24(2) allows the Southern Alpine Resort Management Board to exempt day visitors from the wheel-chains carrying requirement on specified days.

Drivers and vehicle owners/operators (regs 18-21, 24-29): Drivers bringing vehicles into resorts must ensure payment of entry fees where applicable (reg 19), display tickets on the vehicle (reg 19(4)), carry and fit wheel chains if required (regs 24-26), hold authorities where required to use or park in particular areas (reg 20), display vehicle authorities on the vehicle (reg 20(4)), and comply with directions about vehicle movement, speed, stopping and parking from authorised officers or police (reg 28). Operators can face operator-onus offences (regs 19(5), 20(5), 25(4)).

Commercial operators, event organisers and contractors (regs 5, 18(4), 21(4), 55-56): Commercial vehicle drivers, ski operators, tour operators and event organisers that bring passengers or arrange events must secure the relevant authorities, comply with fee requirements, and seek authorisations for organised events of 30+ persons (reg 56). The Board can take commercial considerations into account when setting fees (regs 21(4), 39(3)). Where an activity is authorised under an agreement or lease under the Act, the person acting under that agreement is not subject to inconsistent regulations (reg 4).

Traditional owner group members and traditional owner group entities (reg 3 definitions and reg 6): Members bound by a traditional owner group agreement are exempt from most offence provisions when carrying out agreed activities in accordance with the agreement and on land to which the agreement applies (reg 6(1)). However, specified regulations are carved out from that exemption (reg 6(2); list includes reg 17, reg 20, reg 24, reg 25, reg 26, reg 28, reg 32(3), reg 47, reg 57).

Boards’ employees, authorised officers, police, emergency services and certain public servants (reg 5): The Regulations state that these persons do not commit offences under the Regulations when acting in the course of their duties (reg 5). That creates an operational exemption for enforcement, emergency response and some public works.

Animals, flora and fauna (Parts 4 and 6, regs 58-66): Although not actors in a legal-person sense, the Regulations create protections that affect owners and handlers (eg prohibitions on bringing animals without authority, controls on taking flora, prohibition of planting or introducing vegetation, limits on firewood collection) and provide enforcement powers to seize animals (reg 35).

Local councils and municipal staff (reg 35(2)): The Regulations permit authorised officers or police to deliver seized live animals to staff of the municipal council whose district abuts the resort (reg 35(2)), bringing local councils into the enforcement chain.

General public and recreational users (Parts 5-6): People intending to ski, snowboard, cross-country ski or engage in snowplay must do so only in areas set aside by Boards (regs 36-38). Campers must camp only in set-aside areas and observe location and duration limits (reg 42). Visitors must comply with hygiene, litter, fire safety, and behaviour rules (regs 44-48, 49, 52).

Fee and penalty system administrators and finance staff (regs 12(2)-(3), 21, Schedules 1-2, explanatory details): Persons responsible for fee collection must calculate charges using fee units (explanatory details) and must observe the maximum rates set in Schedules 1 and 2. Replacement authority fees are capped at 2.43 fee units (reg 12(3)). Penalties are expressed in penalty units and must be converted to dollar amounts in the relevant financial year (explanatory details).

Overall, the Regulations affect those who make resort management decisions (Boards and their agents), those who operate vehicles, commercial operators and event organisers who rely on public access and facilities, visitors (including day visitors), traditional owner group members, enforcement agencies and local councils. The practical burden is greatest on vehicle drivers, campers, event organisers and anyone proposing to engage in activities that may intrude on vegetation, animals or water supplies.

This section lists the principal, enforceable duties created by the Regulations and the reciprocal administrative rights granted to Boards and authorised officers.

Key duties imposed on visitors and users

Comply with set aside determinations and any conditions specified (regs 9, 10). Failure to comply with a set-aside determination is an offence; reg 10 prescribes a 10 penalty unit penalty for non-compliance with conditions (note that specific set-aside prohibitions such as reg 16(3) have separate offences and penalties).
Pay entry fees where determined by the Board (reg 18(1) and reg 19(1)). The person in charge of a vehicle must display any entry ticket on the vehicle while in the resort (reg 19(4)). Failure to pay carries a 5 penalty unit offence (reg 19(1)).
Comply with vehicle use and parking rules: do not use, drive or park outside areas set aside for that purpose; where an authority is required the person must hold an authority and have paid any fee (reg 20(2), penalty 10 units). If an authority applies to a vehicle, it must be displayed prominently on the vehicle (reg 20(4), penalty 5 units).
Carry and fit wheel chains in the snow season: drivers must carry wheel chains suitable for their vehicle during the snow season (reg 24(1), penalty 20 units) and must not drive past a fit wheel chains sign unless properly fitted or exempted (reg 25(2), penalty 20 units). Authorised officers may require production or fitting of chains or direct the driver to leave (reg 26).
Follow directions from authorised officers or police to leave, to remain, to cease activities, or to alter behaviour (regs 17, 26, 28, 57). Many such directions are penalised on non-compliance (eg reg 17(4) penalty 20 units; reg 26(2) penalty 20 units; reg 28(3) penalty 20 units; reg 57(2) penalty 20 units). The Regulations require that the directing officer be satisfied on reasonable grounds of necessity (see regs 17(3), 26(1), 28(2), 57(1)).
Observe camping and fire rules: camp only in set-aside areas (reg 42(2) penalty 10 units), not within 20 metres of specified water bodies (reg 42(4) penalty 10 units), and not for more than 21 consecutive nights unless the authority specifies otherwise (reg 42(6) penalty 5 units). For fires, fires in the open air are prohibited except in public fireplaces or in areas set aside and subject to specific clearance and containment requirements (regs 44-46), and persons who light fires must remain within sight or ensure someone capable of extinguishing remains (reg 47).
Do not interfere with flora, fauna, cultural heritage or natural objects without an authority (regs 58-63). Penalties are generally 20 penalty units.
Maintain hygiene and dispose of waste properly, do not use soap in watercourses and observe disposal distances (regs 52, 66).

Rights and administrative powers granted to Boards

Make set-aside determinations for a wide array of purposes including public safety, environmental protection, works, and water supply protection (reg 16(2), reg 9).
Issue, replace, waive, reduce and cancel authorities for entry and use (regs 11-13, 18(4)-(5), 21(1)-(4), 22).
Determine fees up to specified maxima (reg 18(2), reg 21(2), reg 39(2), Schedules 1 and 2), and grant exemptions, waivers or reductions (reg 18(4)).
Erect signage and publish notices and determinations; the Regulations provide specifics about how and where information must be displayed (reg 9(3)-(4), reg 15(2), reg 18(5), reg 23A(6)).
Appoint authorised persons in writing for the purpose of making directions and enforcement (reg 27).
Impound vehicles removed for obstruction and charge reasonable removal/impounding costs (reg 29(3)-(4)).
Set aside areas where specific activities (eg camping, fires, skiing, cross-country skiing, aircraft landing, horse riding) may be permitted or prohibited, and attach conditions to those uses (see regs 36, 37, 38, 42, 44, 30, 31).

Officer powers and procedural rights

Authorised officers, authorised persons and police have powers to direct, inspect, remove and impound, and to seize animals in certain circumstances (regs 17, 26, 28, 29, 35). Where the officer is exercising powers under the Regulations they do not commit offences by acting in the course of their duties (reg 5).
There are specified service rules for cancellation of authorities (reg 13(3)-(4)). Cancellation takes effect depending on the method of service. These are administrative procedural rights for Boards.

Special statutory interactions and exceptions

Parties acting under agreements, leases or licences entered under the Act are not subject to inconsistent provisions of the Regulations (reg 4). This acts as an exemption where contractual instruments under the Act authorise activities inconsistent with a regulation.
Traditional owner group members bound by a traditional owner group agreement are exempt from most offences when engaging in agreed activities in accordance with the agreement and on land covered by the agreement (reg 6(1)), subject to a specified list of regulations excluded from the exemption (reg 6(2)).

Formal drafting and compliance duties

Authorities and set-aside determinations must be in writing (regs 9(2), 11(2)), replacement authorities may attract a capped fee (reg 12(2)-(3)), and signs must indicate the nature and conditions of determinations (reg 9(3)-(4)). These are documentary duties on Boards.

Taken together, the duties require prospective visitors to check signage and web notices, secure authorities and pay fees where required, carry and fit equipment during the snow season, and follow directions of authorised officers. The rights allocated to Boards are substantial and administrative: they control access, impose and collect fees, appoint authorised persons and manage impounding and cancellation processes under prescribed service rules.

The Regulations employ a mixture of monetary penalties expressed in penalty units, administrative enforcement powers vested in authorised officers and police, and operator-onus provisions referencing the Road Safety Act 1986. This section summarises the primary enforcement mechanisms and the scale and form of sanctions.

Penalty architecture

Penalties throughout the Regulations are expressed as penalty units. The Explanatory Details specify the value of a penalty unit for the financial year commencing 1 July 2022 as $184.92 and identify the method for calculating monetary amounts (endnotes). Readers must convert penalty units to dollars by reference to the Monetary Units Act 2004 and the Treasurer’s published fee unit and penalty unit values for the applicable financial year.
Typical penalty amounts in the Regulations: 20 penalty units for serious public safety or environmental offences (eg reg 15(3) for entering an area closed due to significant danger; reg 24 for failing to carry wheel chains; reg 26(2) failure to comply with directions about wheel chains; reg 40(1) ski equipment safety; reg 41(1)-(6) ski lift rules). Lesser offences carry 10 or 5 penalty units (eg reg 10 non-compliance with conditions 10 penalty units; reg 19 failure to pay entry fee 5 penalty units).

Enforcement powers and procedures

Directions and removals: Authorised officers and police may direct persons to leave or remain (reg 17). They may direct vehicle movement, speed, stopping or parking (reg 28). Failure to comply with these directions is an offence carrying 20 penalty units in many cases (eg reg 17(4), reg 28(3)).
Wheel chains enforcement: During the snow season, authorised officers, police or authorised persons can demand production of wheel chains or require fitting; failure to comply is a 20 penalty unit offence and may result in direction to leave the resort (regs 24-26). Fit wheel chains signage creates an on-the-spot legal obligation (reg 25(2)).
Removal and impoundment of vehicles: An authorised officer may remove a vehicle obstructing roads or rights of way and cause it to be towed to an area set aside for impounded vehicles (reg 29(3)). The Board may impound removed vehicles until reasonable removal and impoundment costs are paid (reg 29(4)). The Board must set aside an impound storage area by determination (reg 29(1)) and may prohibit entry to that area without permission (reg 29(2)).
Seizure of animals: An authorised officer or police officer may seize live animals found at large if brought into or left in contravention or likely to cause damage or harm; seized animals can be delivered to municipal council staff of an adjoining municipal district (reg 35). This creates an operational chain for animal enforcement and disposal.
Cease activities and extinguish fires: Authorised officers or police may direct cessation of activity where safety interests require (reg 57). Persons who light or maintain fires must extinguish when requested by an authorised officer or police officer (reg 47(2)). Non-compliance carries 20 penalty units.

Operator-onus offences

Certain offences are declared operator onus offences for the purposes of Part 6AA of the Road Safety Act 1986 (regs 19(5), 20(5), 25(4)). The Regulations adopt that statutory mechanism for proving certain vehicle-related offences. The text does not restate the Road Safety Act mechanism; it incorporates that regime by reference. Practically this affects evidential burdens and enforcement processes relating to vehicle and wheel-chain offences.

Administrative enforcement and procedural safeguards

Many of the Boards’ enforcement actions are quasi-administrative and accompanied by procedural formality: authorities must be in writing (reg 11(2)), cancellation is by written notice with specified service methods and takes effect on service (reg 13(2)-(4)), and determinations must be publicly displayed and published as soon as practicable (regs 9(3)-(4), 15(2), 23A(4)-(6)).
The Regulations also recognise exemptions and limitations: persons acting under agreements, employees, contractors, authorised officers, police and emergency workers acting within duties do not commit offences when acting in the course of their duties (reg 5). Traditional owner group members have broad exemptions for agreed activities (reg 6(1)) except in relation to a specified list of regulations (reg 6(2)).

Recovery of enforcement costs and fines

For vehicle removal and impoundment, the Board may require payment of fees representing reasonable costs incurred in removing and impounding the vehicle (reg 29(4)). The Regulations do not set a fixed schedule for those costs; Boards must calculate reasonable costs.
Monetary penalties (converted from penalty units) will be payable under the usual enforcement and prosecution processes for summary offences in Victorian law. The Regulations do not set out collection mechanics for penalty unit amounts beyond their expression in units.

Signage, publication and public notice as enforcement adjuncts

Several provisions require Boards to publish and display signs and notices that both create the obligations and operationalise enforcement. Temporary closures must be published in newspapers, broadcasts or on the resort website and posted at entrances (reg 15(2)). Set-aside determinations must be displayed in places likely to be seen and include the determination’s nature and conditions (reg 9(3)-(4)). Failure to publish or display will impede notice to the public and may be relevant to enforcement and defences.

In sum, the Regulations combine criminalised prohibitions (penalty-unit offences), administrative enforcement powers for authorised officers and police, cost recovery for impoundment, and the operator-onus mechanism for specified vehicle offences. The consistency of signage and publication by Boards is central to effective enforcement because many prohibitions apply only in specified set-aside areas or during a Board-declared snow season.

The Regulations are heavily cross-referenced to other statutes and operate within a network of complementary and supervisory legal instruments. The text embeds cross-links that affect interpretation, enforcement and exemptions.

Primary authorising Act

The Regulations are made under s 57 of the Alpine Resorts (Management) Act 1997 (reg 2). They are subordinate legislation created to give effect to the Act. The Act governs the establishment, powers and functions of Alpine Resort Management Boards and the scope within which the Regulations can operate.

Interplay with Traditional Owner Settlement Act 2010

The Regulations preserve traditional owner rights where there is a traditional owner group agreement under Part 6 of the Traditional Owner Settlement Act 2010. Reg 3 defines relevant terms and reg 6 provides that most offence provisions do not apply to members of a traditional owner group who are bound by an agreement when carrying out agreed activities in accordance with that agreement on land to which it applies. Reg 6(2) lists regulations that remain applicable regardless of such traditional owner status (eg regs 17, 20, 24, 25, 26, 28, 32(3), 47, 57). This creates an exception framework that preserves negotiated customary rights but maintains public-safety or management-related controls for certain activities.

Operator onus and the Road Safety Act 1986

Several offences are declared operator onus offences under Part 6AA of the Road Safety Act 1986 (regs 19(5), 20(5), 25(4)). This means the procedural and evidentiary provisions in the Road Safety Act attach to these regulatory offences. The Road Safety Act mechanism affects how liability is established and imposes an evidential or legal burden shift on operators in certain circumstances; the Regulations adopt that statutory overlay without restating it.

Authorised officers and conservation law

The definition of authorised officer references appointments under Part 9 of the Conservation, Forests and Lands Act 1987 (reg 3). That links the enforcement role in alpine resorts to the broader statutory regime for authorised officers within conservation law and supplies the authorisation framework by which persons may be appointed as authorised officers.

Aboriginal Heritage Act 2006 and Heritage Act 2017

The definition of cultural heritage uses the Heritage Act 2017 (reg 3). Reg 5 exempts authorised officers within the meaning of the Aboriginal Heritage Act 2006 from committing offences when acting in the course of their duties. Reg 62 addresses cultural heritage interference in alpine resorts but expressly excludes Aboriginal cultural heritage as defined in the Aboriginal Heritage Act 2006 (reg 62(3)). As a consequence, activities affecting Aboriginal cultural heritage may be subject to the Aboriginal Heritage Act rather than the Regulations, and authorised officers under that Act are accounted for in reg 5.

Emergency Management Act 1986

Definitions and exemptions relating to emergency activities and emergency services agencies reference that Act (reg 3 and reg 5(i)). The Regulations exempt volunteer emergency workers and authorised emergency services personnel acting in emergencies from committing offences under the Regulations when acting in the course of their duties (reg 5). The temporary closure power for Boards in regulation 15 explicitly covers emergencies and requires a publication/notice regime.

Road Management Act 2004 and Road Safety Act 1986

Definitions of road and vehicle-related terms refer to the Road Management Act 2004 and Road Safety Act 1986 respectively (reg 3). Road-related regulatory interactions (eg operator onus) bring in the traffic regulation framework. Boards must consider road management when making determinations about vehicle movement and parking and when authorising vehicle access in the resort.

Monetary Units Act 2004 and Sentencing Act 1991

Fees and penalties are expressed in fee units and penalty units. The Explanatory Details instruct conversion of fee units to dollar amounts using rules in the Monetary Units Act 2004 and set out the value of a fee unit and penalty unit for 2022 (endnotes). The Sentencing Act 1991 is referenced for the definition of penalty units (explanatory details).

Public Administration Act 2004 and other public-sector statutes

Reg 5 exempts certain public servants employed under the Public Administration Act 2004 who are carrying out duties under relevant laws within the meaning of the Conservation, Forests and Lands Act 1987. That creates interlocks between resort enforcement and broader public-sector employment law.

Aboriginal Heritage Act and Traditional Owner exemptions

The Regulations deliberately carve out certain heritage matters and leave Aboriginal cultural heritage governed by the Aboriginal Heritage Act (reg 62(3)). The traditional owner exemptions in reg 6 must therefore be read alongside the Aboriginal Heritage Act and any relevant traditional owner group agreements.

Contractual agreements and the Act

Reg 4 preserves the primacy of agreements, leases or licences entered under the Act: persons acting under the terms and conditions of such agreements are not subject to these Regulations to the extent that the activities authorised by the agreement are inconsistent with the Regulations. This creates a contractual overlay where the Act and agreements under it may authorise activities inconsistent with the Regulations.

Interpretation of subordinate legislation

The Endnotes reference the Interpretation of Legislation Act 1984 as affecting headings, notes, examples and punctuation. Those interpretative rules are relevant in disputes about the scope and meaning of the Regulations’ provisions.

Taken together, the Regulations do not operate in isolation: they are embedded in a matrix of Victorian statutes governing roads, heritage, conservation, emergency management, sentencing, monetary units and the public service. Practitioners must therefore consider overlapping statutory duties (eg duties under the Aboriginal Heritage Act, road traffic laws and conservation statutes) when advising clients or designing compliance systems.

The published Version No. 002 incorporates amendments as at 16 August 2022. The endnotes and table of amendments in the text identify the key changes and the instruments that made them.

Key dates and instruments

Original making and commencement: The Alpine Resorts (Management) Regulations 2020 (S.R. No. 128/2020) were made on 17 November 2020 and came into operation on 17 November 2020 (Endnotes 1).
Sunset: The Regulations will sunset 10 years after making, on 17 November 2030, by operation of s 5 of the Subordinate Legislation Act 1994 (Endnotes 1).
Amendment recorded: Alpine Resorts (Management) Amendment Regulations 2022, S.R. No. 67/2022, made on 16 August 2022 and commencing 16 August 2022 (Endnotes 2 Table of Amendments).

Amendments introduced by S.R. No. 67/2022

The 2022 Amendment Regulations substituted parts of the definition regime for wheel chains and inserted a new regulation enabling the Mount Buller and Mount Stirling Alpine Resort Management Board to determine what devices are wheel chains for the purposes of Division 2 of Part 3. Specifically:
- Reg 23 definition of wheel chains was substituted by S.R. No. 67/2022 reg 4 (see reg 23 note "Reg. 23 def. of wheel chains substituted by S.R. No. 67/2022 reg. 4").
- Reg 23A was inserted by S.R. No. 67/2022 reg 5. Reg 23A enables the Mount Buller and Mount Stirling Board to determine devices that are wheel chains within those resorts, sets out matters that must be specified in the determination (including vehicle classes and device descriptions), requires publication in the Government Gazette and on the Board website and display at entrances, requires the Board to have regard to safety and road suitability, and contains a temporal expiry provision in subreg 8 that the determination ceases to have effect on 31 October 2022 unless revoked earlier (reg 23A(8)).

Temporal detail and potential renewals

Reg 23A(8) in the consolidated text shows that an inserted determination had a default cessation date of 31 October 2022 unless revoked. The insertion of reg 23A gave the Mount Buller and Mount Stirling Board a devolved power to define wheel chains for those resorts. Practitioners should check post-16 August 2022 records for any determinations made under 23A, any variations or revocations under 23A(7), and whether the 31 October 2022 expiry was exceeded by subsequent instruments or renewals. The consolidated version notes inclusion of amendments up to 16 August 2022; subsequent S.R.s could have further altered reg 23A or related provisions.

Other amendment mechanics

The Endnotes include a Table of Amendments and Explanatory Details indicating how fee units and penalty units are to be calculated and the value for the 2022-23 financial year. These explanatory details are not themselves legislative content but provide operational guidance and indicate how fee and penalty amounts map to dollar values.

Practical points for compliance and advice arising from amendment history

Where a provision contains an express temporal limitation (eg reg 23A(8)), Boards and users must either rely on a current determination within the regulation’s scope or investigate whether a renewal or new determination has been made post the termination date.
Substitution of definitions (as occurred with reg 23) alters the scope of regulatory obligations for users , here, what qualifies as a wheel chain for specified resorts. Advice must be tied to the operative definitions and any determinations made under them.
Because fee and penalty unit amounts change annually by Treasurer’s proclamation under the Monetary Units Act 2004 and Sentencing Act 1991 mechanics (Explanatory Details), fee limits expressed in fee units will have dollar equivalents that vary by year. Entities should maintain procedures that convert fee-unit maxima to current-dollar values.

The consolidation indicates the Regulations have already been amended in 2022 and practitioners should consult the latest consolidated version and the Government Gazette for subsequent S.R.s or determinations made by Boards under the Regulations.

The Regulations as provided do not record any litigation, judicial decisions, or tribunal determinations arising under or interpreting these Regulations. The printed Statutory Rule text, endnotes and explanatory details do not cite cases or include summaries of judicial consideration.

Practical note for researchers and practitioners

Absence of litigation references in the statute text is not evidence that no litigation exists. This document merely consolidates the Regulations and their amendments up to 16 August 2022. To identify any judicial interpretation, infringement proceedings, or administrative reviews involving determinations, authorities, enforcement actions, operator-onus prosecutions or conflicts with other statutes, one must search case law databases, tribunal records and enforcement registers for prosecutions under the Regulations or for judicial review of Board decisions (eg cancellation of authorities, impoundment or fee determinations).
Where the Regulations interact with the Road Safety Act 1986 operator-onus regime (regs 19(5), 20(5), 25(4)), relevant case law under the Road Safety Act about evidential burdens and operator onus may be instructive. However, the present text does not provide any such case listings.
Similarly, disputes concerning traditional owner group agreements and the interplay with reg 6 (exemptions) may give rise to litigation under the Traditional Owner Settlement Act 2010 or other heritage-related statutes. None are recited in the document.

Researchers should therefore supplement this statutory text with targeted searches of Victorian criminal and administrative law reports, VCAT decisions, local court records and the Victorian Magistrates’ Court for infringement and prosecutions to build an evidentiary litigation history for advising clients or assessing enforcement risk.

The Regulations are detailed and contain several provisions that can produce operational or legal pitfalls if overlooked. This section highlights specific practical traps and the concrete mechanism by which they cause compliance risk, grounded in the Regulation text.

Signage and publication obligations are an enforcement precursor (regs 9(3)-(4), 15(2), 18(5), 23A(6))
- Mechanism: Many prohibitions apply only in areas set aside by a determination and Boards must ensure signs and notices are displayed in a manner likely to be seen by affected persons (reg 9(3)). Temporary closure determinations require publication in newspapers or broadcast and website posting (reg 15(2)). Failure to publish or properly sign-post may affect whether an individual had reasonable notice and may be relevant in prosecutions or civil claims. Practitioners should note that signage content must indicate nature and conditions of determinations (reg 9(4)).
Operator onus offences import a specialised evidential regime (regs 19(5), 20(5), 25(4))
- Mechanism: The Regulations declare certain offences to be operator onus offences under Part 6AA of the Road Safety Act 1986. That means special evidential and burden-shifting rules apply; failing to understand those rules may lead to incorrect enforcement steps. Defence strategies and evidence collection should anticipate the Road Safety Act procedures.
Fee caps expressed in fee units require up-to-date conversions (regs 18(2), 21(2), Schedules 1-2; explanatory details)
- Mechanism: Schedules set maxima in fee units. Fee unit dollar values change annually under the Monetary Units Act 2004 and the Treasurer’s proclamation. For example, the Explanatory Details state a fee unit equals $15.29 for 2022-23. Boards and payors must convert fee units to dollars using the current fee unit; failure to do so may result in overcharging or undercharging, or challenges to fees.
Reg 23A’s temporal provision and its localised effect (reg 23A(8))
- Mechanism: The Mount Buller / Mount Stirling Board’s determination power under reg 23A included an express cessation date (31 October 2022) in the inserted text. If a practitioner relies on a 23A determination after that date without verifying renewal or revocation, they risk advising on an instrument that has expired. Always check the Government Gazette and Board websites for current determinations.
Traditional owner exemptions are broad but selectively restricted (reg 6)
- Mechanism: Reg 6 exempts traditional owner group members from most offences for agreed activities, but reg 6(2) lists regulations that still apply. Practitioners must not assume blanket exemption; the exceptions (including vehicle and wheel-chain rules reg 20, 24-26) preserve public-safety controls and may override customary activity in certain respects.
Boards’ discretion and variable local determinations create patchwork rules (multiple regs)
- Mechanism: Boards may set aside areas for diverse purposes and tailor conditions (reg 9(1)(e)). That produces significant local variation , e.g., different fees, camping areas, fit wheel chains signs, and impound areas across resorts. Compliance therefore requires resort-specific checks of determinations, authorities and signage.
Authority display obligations on vehicles and the risk of operator onus (regs 20(4), 19(4))
- Mechanism: Where authorities or tickets are required, they must be displayed on the vehicle in a prominent position or else an operator onus offence may be engaged (reg 20(4), reg 19(4), reg 19(5)). For commercial operators this creates a front-line compliance duty to display proof of payment or authority.
Cancellation procedure timing and service methods (reg 13(2)-(4))
- Mechanism: Cancellation of an authority by a Board requires written notice served by prescribed methods; the cancellation takes effect based on the method and time of service (reg 13(3)-(4)). Poorly executed service can create disputes about the effective cancellation time and jeopardise enforcement steps taken based on presumed cancellation.
Impoundment cost recovery lacks a fixed schedule (reg 29(4))
- Mechanism: The Board may impound vehicles removed under reg 29(3) and require payment of a fee representing reasonable costs of removal and impounding. However, the Regulations do not fix a fee schedule. Boards must therefore document and justify “reasonable costs” to avoid disputes about overcharging and to enable recovery through enforcement or court action.
Cross-textual obligations require multi-statute compliance (reg 62(3), reg 5, definitions)
- Mechanism: The Regulations carve out Aboriginal cultural heritage and link to the Aboriginal Heritage Act 2006. Activities affecting Aboriginal cultural heritage may fall under a different statutory regime with distinct consent and offence mechanics. Practitioners must check overlapping statutory obligations (heritage, road rules, conservation) before advising or operating.
Camping and waterbody buffer rules are strict and may not be intuitive (reg 42(4))
- Mechanism: Camping is prohibited within 20 metres of listed water bodies. The list is broad and includes springs, bores, ponds and marshes. Simple assumptions about campsite location can result in 10 penalty unit offences.
Multiple distinct offenders and exemptions (reg 5)
- Mechanism: Reg 5 lists many categories of persons who do not commit offences when acting in the course of their duties; that creates complexity in enforcement where, for example, contractors or employees may be exempt while a member of the public performing similar conduct would not. Proof of acting “in the course of duties” may be contested.

Each of these “gotchas” flows directly from the regulatory text. The practical remedy is routine: verify local determinations; maintain signage and publication compliance; check fee/penalty unit conversions annually; ensure authorities and service processes are correctly documented; and build operational procedures to produce wheel chains, tickets and written authorities on demand.

This section provides a practical, source-grounded checklist and suggested procedures for the principal actors who must comply with the Regulations: Boards, commercial operators, vehicle drivers and generic visitors. Each recommendation is tied to the Regulation provisions cited.

For Boards and resort managers

Maintain a determinations register and update signage promptly (reg 9(2)-(6)). Hold each set aside determination in writing, record its purpose, area, time-period, classes affected and conditions, and maintain a public-facing register on the resort website. When amending or revoking, ensure signage is removed or updated as required (reg 9(5)-(6)).
Publish temporary closure notices and ensure entrance signage (reg 15(2)). For emergency closures under reg 15(1), publish in newspapers, radio or resort website as soon as practicable and post notices at entrances. Keep records of publication dates and content.
Convert fee-unit maxima to current-dollar amounts each financial year and publish them (reg 18(2), Schedules 1-2, explanatory details). Ensure web pages and entrance signage show the dollar amount visitors must pay and the classes for which exemptions or annual passes apply (reg 18(3)-(5)). For 2022-23 the explanatory details provide fee unit and penalty unit values; update annually.
Issue written authorities and maintain a secure authority database (reg 11(2), reg 12). All authorities should be in writing, specify period, purpose and conditions, and require display on vehicles where applicable (reg 20(4)). Provide a mechanism for replacement authorities and collect the capped replacement fee where applicable (reg 12(2)-(3)).
Document and justify impoundment costs (reg 29(4)). If a vehicle is removed, maintain invoices and time-stamped records to support the “reasonable costs” charged for removal and impounding.
Appoint authorised persons in writing and provide training (reg 27). Ensure they understand the limits of their powers (eg must be satisfied on reasonable grounds for directions under regs 17, 26, 28), and record appointments and delegations.
For Mount Buller and Mount Stirling, check whether a reg 23A determination exists and is current (reg 23A(4)-(7)). If using reg 23A determinations, publish the determination in the Government Gazette and on the Board’s website and display copies at the resort entrance as required (reg 23A(4)-(6)).

For vehicle drivers, commercial operators and event organisers

Check local determinations before travel. Determine whether the resort or parts of it are set aside, whether authorities are needed for vehicle use or parking (reg 20(1)-(3)), and whether temporary closures or fit wheel chains signage are in force (regs 15, 25).
Pay entry and vehicle fees and display tickets or authorities on the vehicle windscreen or a prominent place at all times while the vehicle is in the resort (reg 19(4), reg 20(4)). For large-scale or seasonal operations consider purchasing annual authorities within the Schedule 1 caps (reg 18(2)).
Carry suitable wheel chains during the snow season and fit them when required by signage or an authorised officer (regs 24-26). If operating in Mount Buller/Mount Stirling, verify whether specified non-chain devices qualify as wheel chains under a reg 23A determination.
For events involving 30 or more persons, obtain an authority and comply with any conditions (reg 56). Conditions may include attendee numbers and portable toilet requirements (reg 56(3)(d)).
For camping, obtain an authority if required, camp only in set-aside areas, avoid camping within 20 metres of listed water bodies and observe the 21-night limit for unspecified periods (reg 42).

For general visitors and recreational users

Observe set-aside area limits for skiing, snowplay, tobogganing and cross-country skiing (regs 36-38). Do not engage in snowplay outside areas designated for such use (reg 36(2)).
Use safety equipment correctly: ensure skis, snowboards and devices have stopping mechanisms (reg 40(1)). Follow ski-lift operator instructions and do not embark on a closed lift (reg 41).
Comply with hygiene, faeces disposal and soap-use rules: use provided toilet facilities where available or bury faeces at least 20 cm deep and 100 metres from watercourses; do not use soap in watercourses and dispose of detergents at least 50 metres away from water (regs 52, 66).
Refrain from interfering with vegetation, fauna, cultural heritage or rocks unless authorised (regs 58-63). If activity requires cutting firewood, do so only in areas set aside and observe the 0.25 cubic metre per day limit and the restrictions on selling or removing firewood (reg 59(3)-(5)).

Administrative and compliance systems that cut across actors

Recordkeeping: retain copies of all authorities issued, cancelled and replaced; maintain logs of signage placement and website postings; and keep records of fees collected and conversions from fee units to dollars.
Staff training: train resort staff, contractors and authorised persons in the powers and limits in regs 17, 26, 28, 57, and the required approach to directions, searches or impoundments.
Communication and public information: maintain up-to-date web pages with current determinations, fee schedules in dollar terms, snow-season declarations, fit wheel chains signage status and event-authority procedures. Display signage at entrances in accordance with reg 9(3)-(4).
Liaison with emergency services and local councils: ensure procedures align with emergency management responsibilities under the Emergency Management Act 1986 and local municipal procedures for seized animals (reg 35(2)).
Review traditional owner agreements and account for reg 6 exemptions: where activities fall within traditional owner group agreements, ensure conformity with the agreement and be aware of the exceptions listed in reg 6(2).
Legal review of fees and penalties annually: confirm fee maxima in Schedules and fee unit/penalty unit values for the current financial year; adjust systems and published fees accordingly.

Practical checklist for a visiting driver

Before travel, check the resort website and local signage for current set-aside determinations, temporary closures and snow season declarations (regs 8, 9, 15).
Confirm whether an entry fee or vehicle authority is required and, if so, purchase and display the ticket or authority on the vehicle (regs 18-20).
During the snow season, carry wheel chains suitable for your vehicle and be prepared to fit them at a fit wheel chains sign or on direction from an authorised officer (regs 24-26).
Park only in set-aside parking areas and obey directions from authorised officers or police (reg 20, reg 28).
If you plan to camp, get an authority where required and observe the 20-metre buffer around water bodies (reg 42). Extinguish fires on demand and clear all litter (regs 47-48).

Following the above steps, founded on the Regulations’ text, will materially reduce enforcement risk for Boards, operators and visitors. Boards should document compliance procedures, publish them publicly, and ensure authorised officers follow the Regulations’ procedural prescriptions when issuing directions, cancelling authorities or impounding vehicles.

Alpine Resorts (Management) Regulations 2020

Plain English Summary

Deep Dive

What it does

Current sections

Alpine Resorts (Management) Regulations 2020

Source text: opening excerpt

1 Alpine Resorts (Management) Regulations 2020

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply