Botanic Gardens and State Herbarium Regulations 2021

The Regulations rest on several core structural concepts: Board approvals, authorised persons, definitional geography, prohibited acts requiring approval, an offences/expiation scheme and a focused vehicle regime. Each concept is defined or operationalised within the text.

• Board approval as a control node (reg 5): An approval is the connective tissue that permits otherwise prohibited activity. Approvals can be published in the Gazette, given in writing or orally (with an obligation to confirm oral approvals in writing promptly). Approvals may be conditional and can be leases or licences (reg 5(1)-(3)). The person subject to conditions must comply (reg 5(3)). The Board may vary or revoke approvals; the mechanism for variation depends on how the approval was given (Gazette v other notice) (reg 5(1)(c)).
• Authorised persons and identity (regs 9-11): The Board may appoint staff as authorised persons (reg 9(1)). The Director is automatically an authorised person (reg 9(4)). The Board must issue identity cards and an authorised person must produce the card on request (reg 10). Authorised persons are empowered to require names/addresses, to inspect and demand production of approvals, to order people to leave for up to 24 hours in specified circumstances, and to issue expiation notices under the Expiation of Offences Act 1996 (reg 11(1)-(4)). It is an offence to hinder an authorised person (reg 12).
• Definitions fixing scope and geography (reg 3 and reg 31): The Regulations give precise meanings to “Botanic Garden”, listing the fenced areas of Adelaide, Wittunga and Mount Lofty Botanic Gardens (reg 3). “Botanic Reserves” is defined by reference to lands vested in or under control of the Board and a non‑exhaustive note lists specific parcels (reg 3). Part 4 supplies vehicle‑specific definitions (reg 31).
• Prohibitions and approvals across activities (Part 3): The Regulations list many activities that are forbidden unless the Board approves. That list is broad: flora/fauna interference, camping, animals, firearms, fireworks, sporting and recreational activities, commercial activity, advertising, selling goods, public assembly, collection of donations, weddings and memorials and numerous conduct standards (regs 13-30). Where the Board has set aside areas or times, otherwise prohibited activities may be permitted (for example reg 22(2) and reg 23(2)).
• Offences and fixed expiation framework: Most prohibitions carry specified maximum pecuniary penalties and several carry expiation fees (commonly $200). The Expiation of Offences Act 1996 is invoked for the issue of expiation notices by authorised persons (reg 11(4)).
• Vehicle regime and owner liability (Part 4): The Regulations make distinctions between vehicles used for goods, prime movers and vehicles over length thresholds (reg 31). There is an owner‑liability provision for prescribed offences which operates subject to specified procedures, including statutory declarations to identify drivers and procedural notice requirements before commencing proceedings against an owner (reg 36). The Board may set permit zones and parking fees (regs 37-38) and may fix an after‑hours release fee (reg 39).
• Administrative/financial functions (regs 6-8): The Board may operate education and training programs, including registering as a registered training organisation under Commonwealth law (reg 6), may pay rewards up to $1,000 for information leading to conviction (reg 7), and may waive or reduce fees (reg 8).

These concepts combine to create a unitary framework in which public access and private conduct in the Board’s sites are mediated by Board‑issued permissions and regulated by Board staff exercising statutory powers. The scheme mixes discretionary licensing, offences subject to fixed penalties, and administrative revenue levers.

The Regulations specify a set of affected actors and groups, with different obligations and privileges.

• Members of the public and visitors: The default position is that the public may enter Gardens only during displayed hours or at other times determined by the Board (reg 13(1)). The public must observe prohibitions requiring approvals (Part 3). Visitors with children are affected by the supervision rule: children under 15 must be accompanied and under the care of a person aged 15 or more (reg 14). Visitors seeking to access the Conservatory must pay the appropriate admission charge (reg 15(1)). Visitors bringing dogs must keep them under effective control and must remove faeces (reg 18(4)-(5)). Visitors are subject to behaviour rules (reg 24), anti‑litter rules (reg 26) and prohibitions on many recreational activities without approval (regs 22, 25).
• Commercial operators and event organisers: Use of any part of a Garden or Reserve for commercial enterprise, advertising, selling goods or conducting tours requires Board approval (reg 28). Weddings, memorial services and public meetings are similarly controlled (regs 27, 29). The Board may set fees and conditions on approvals (reg 5(1)(b)), and may set parking or permit fees (regs 37-38). Entities that seek to lease or licence land will be subject to the approval/lease/licence framework (reg 5(2)).
• Vehicle owners and drivers: Owners and drivers of vehicles using the Gardens and Reserves are affected by permit zone regimes (reg 37), parking fee regimes (reg 38), speed limits (reg 35) and outright prohibitions on certain vehicle classes (prescribed vehicles , reg 33). Owner liability for prescribed offences means owners can be held responsible unless they follow the statutory‑declaration procedure (reg 36).
• People with disabilities: The Regulations carve out a right for persons who are wholly or partially blind or deaf, or otherwise disabled, to be accompanied by an accredited assistance dog (reg 18(3)). Otherwise animals are generally restricted.
• Board staff and authorised persons: Gardens employees and persons engaged to perform services on behalf of the Board are excluded from the Regulations in relation to the performance of their duties (reg 4). Staff who are appointed as authorised persons acquire inspection, removal and expiation functions and must carry identity cards issued by the Board (regs 9-11).
• Service providers for education and training: The Board is empowered to provide education and training and to act as, or partner with, other bodies to provide vocational training. It can register as a RTO in accordance with Commonwealth law and set fees (reg 6(1)-(2)). Private education/training providers who wish to operate within Gardens may also require approvals under the commercial activity rules (reg 28).
• Police and other enforcing agencies: The Regulations contemplate expiation notices issued by authorised persons pursuant to the Expiation of Offences Act 1996 (reg 11(4)). The Board may also approve activities for the Adelaide Zoo’s transport (reg 18(2)(c)), indicating interactions with other statutory entities.

Who pays: the Regulations give the Board authority to charge admission and facility fees (reg 15), parking fees (reg 38), fees for approvals (reg 5(1)(b)) and a fee to release vehicles after hours (reg 39). The Board may also pay modest rewards for information (reg 7). Persons who breach prohibitions face monetary penalties and expiation fees (numerous regs across Part 3 and Part 4).

Who decides: the Board is the central decision‑maker on approvals, fee determinations, permit zones, and parking regimes (reg 5; regs 32, 37-38). Authorised persons, appointed by the Board, implement and enforce on the ground (regs 9-11).

The Regulations create specific duties for visitors, vehicle owners and users, event organisers and the Board, and set out a small set of statutory rights.

Duties placed on visitors and users

• Comply with opening hours and directions: A person must not enter or remain when a Botanic Garden is not open or in an area cordoned off by the Board without approval (reg 13(3)). The Board may determine hours and close parts of Gardens (reg 13(1)-(2)).
• Accompany children: A person having custody of a child must not permit the child to enter or remain in a Garden unless accompanied by a person aged 15 or older; a child must not enter unaccompanied (reg 14(1)-(2)).
• Pay entry charges where prescribed: Entry to the Conservatory or certain exhibitions/buildings requires payment of the appropriate charge prescribed for the Act (reg 15(1)-(2)).
• Do not disturb flora, fauna or soil: Removing soil, rocks, damaging or taking plants, disturbing nests or releasing fauna requires Board approval (reg 16(1)-(2)).
• Protect Board property and infrastructure: Interfering with labels, signs, seats, statues, structures or stepping on garden beds, climbing fences, or using drains to enter Gardens is prohibited (reg 17(1)-(2)).
• Animal control and hygiene: Generally animals are prohibited unless in areas set aside or with approval (reg 18(1)-(2)); accredited assistance dogs are permitted (reg 18(3)); dogs must be under physical restraint (reg 18(4)) and owners must immediately remove faeces (reg 18(5)).
• Obey camping, firearms, fireworks and noise rules: Camping, weapons and fireworks require prior approval (regs 19, 20-21) and use of loud speakers and public noise is restricted without approval (reg 25).
• No commercial activity, advertising, selling or polling without approval: Use of Gardens for commercial enterprise, advertising, selling goods, distribution of materials or surveys/polls requires approval (reg 28).
• No public assembly, speaking or collection of donations without approval: Activities connected to public assembly, preaching, demonstrations or collecting donations are banned without Board approval (regs 29-30).
• Carry out duties in vehicle use: Vehicles must be used only where public vehicular access is permitted (reg 33), adhere to speed limits (reg 35), and owners face liability for prescribed offences with a statutory method to identify drivers (reg 36).

Duties placed on the Board and authorised persons

• Issue identity cards and appoint authorised persons: The Board must provide identity cards to authorised persons and may appoint staff as authorised persons, including the Director (regs 9-10).
• Determine approvals, fees and permit classes: The Board may determine hours, set aside areas, impose conditions on approvals, set fees for approvals and parking, and establish permit zones and classes (regs 5, 32, 37-38).
• Provide training and comply with registration requirements: If the Board offers vocational education and training it may register and must comply with Commonwealth requirements as necessary (reg 6(2)).
• Issue expiation and enforcement actions: Authorised persons are empowered to issue expiation notices for alleged offences under these Regulations under the Expiation of Offences Act 1996 (reg 11(4)).

Statutory rights and entitlements

• Access for people with disabilities: Persons who are wholly or partially blind or deaf, or otherwise disabled, are expressly entitled to be accompanied by an accredited assistance dog (reg 18(3)).
• Procedural rights for vehicle owners: The owner of a vehicle accused of a prescribed offence receives a procedural right to be notified and to provide a statutory declaration identifying the driver before proceedings are commenced (reg 36(3)-(4)). An owner who provides that statutory declaration is protected from liability unless the declaration was knowingly false (reg 36(6)-(7)).

Other operational rights and obligations

• Waiver and reduction of fees: The Board has power to waive or reduce prescribed fees where it considers appropriate (reg 8).
• Reward payments: The Board may pay up to $1,000 (to persons other than Gardens employees and police) for information leading to a conviction under the Act or these regulations (reg 7).

These duties and rights form a tightly coupled regulatory structure where many public activities are conditional on Board permissions and enforcement is delegated to Board appointees with statutory duties to inspect and expiate breaches.

The Regulations set out a two‑tier enforcement architecture: criminal penalties (expressed as maximum pecuniary penalties) and administrative expiation processes for many contraventions. Enforcement is accomplished largely through Board appointed authorised persons and statutory owner liability provisions for vehicle offences.

Penalty structure

• Maximum penalties: Many contraventions attract a maximum monetary penalty of $2,000 (for example regs 5(3) breach of approval condition; regs 11(5), 12, and most offences listed in Part 3 are $2,000). Vehicle speed and certain vehicle offences carry lower maximums (reg 33 and reg 35 , maximum $1,000; reg 34 , $50).
• Expiation fees: A range of contraventions carry expiation fees enabling on‑the‑spot or notice‑based resolution under the Expiation of Offences Act 1996. Common expiation fees in the instrument are $200 (many Part 3 offences), $150 for certain vehicle offences (reg 33 and reg 35), $50 for dog faeces offences (reg 18(5)), and $25 for wheeled recreational device offences (reg 34).
• Prosecutions: Where not expiated, an offender may be prosecuted and, if convicted, fined up to the maximum specified for the offence.

Enforcement agents and powers

• Authorised persons: The Board appoints authorised persons (reg 9). Authorised persons must carry identity cards and produce them on request (reg 10). Their enforcement powers include requiring full name and usual place of residence, inspecting approvals, ordering removal from Gardens for up to 24 hours, and issuing expiation notices for alleged offences against these Regulations (reg 11(1)-(4)). Hindering or obstructing an authorised person is an offence (reg 12).
• Expiation process: The expiation scheme is implemented under the Expiation of Offences Act 1996, with authorised persons authorised to issue expiation notices for alleged breaches (reg 11(4)). The Regulations reference expiation fees for many offences, establishing the sum payable to avoid prosecution in respect of the alleged offence.
• Vehicle owner liability and procedure: Where a vehicle is involved in a prescribed offence, the owner is guilty of the offence unless the statutory procedure is followed; the owner incurs the same penalty and expiation fee as the principal offence (reg 36(1)). The regulation prevents double conviction of driver and owner for the same circumstances (reg 36(2)). Procedural safeguards include a requirement that the informant send the owner notice with particulars and an invitation to provide a statutory declaration identifying the driver within 21 days before commencing proceedings against the owner (reg 36(3)-(4)). An expiation notice to an owner must be accompanied by an invitation to provide a statutory declaration if the owner was not the driver (reg 36(3)). The statutory‑declaration defence will fail if made knowing it to be false (reg 36(7)).
• Evidence presumptions and confidentiality: The regulations create presumptions in proceedings that a person named in a statutory declaration was the driver absent proof to the contrary (reg 36(10)). The particulars of the statutory declaration provided to someone named as the alleged driver must not include the address of the person who provided the declaration (reg 36(9)). Notices alleging an offence include evidential presumptions about service (reg 36(11)).

Enforcement scope and limits

• Exempt staff: Gardens employees and persons engaged to perform services on behalf of the Board are not subject to the Regulations in relation to the performance of their duties (reg 4). This creates an enforcement boundary between administrative/operational staff and the regulated public.
• Delegated discretion and conditions: The Board’s discretion is broad , it may condition approvals (reg 5(1)(b)), set hours, determine closed‑to‑public areas (reg 13(2)), create permit zones and parking regimes (regs 37-38). Enforcement tends to operate at the Board’s pleasure: whether an activity is permitted often depends on an approval decision and condition‑setting by the Board.

In short, enforcement is a mixture of administrative expiation for many low‑level breaches and prosecution at higher levels; it is implemented by authorised persons and through a procedural vehicle‑owner liability framework that creates pre‑prosecution notice and statutory‑declaration steps.

The Regulations explicitly reference several other State and Commonwealth Acts and subordinate instruments; they operate in tandem with those instruments and sometimes defer to them for definitions or limits.

Cross‑references inside the Regulations

• Botanic Gardens and State Herbarium Act 1978: The Regulations are made under the Act and repeatedly frame powers and functions in that context (see reg 3 definition of “Act” and reg 6 which expressly implements section 13(1)(m) of the Act).
• Expiation of Offences Act 1996: Authorised persons are authorised to issue expiation notices under that Act for alleged offences against these Regulations (reg 11(4)). The expiation scheme and associated fees referenced throughout the Regulations operate through that Act.
• Road Traffic Act 1961 and Motor Vehicles Act 1959: Part 4 uses definitions and concepts from the Road Traffic Act 1961 (drive, owner, vehicle, road) and the Road Traffic Act is referred to for the meaning of “drive” and “road” (reg 31). The Motor Vehicles Act 1959 is cited in the vehicle owner statutory‑declaration provisions as governing transfer of ownership (reg 36(3)(b)). Regulation 35(2) states that the Regulation does not apply where a speed limit applies under the Road Traffic Act 1961.
• Dog and Cat Management Act 1995: The regulation defining “accredited assistance dog” and the restraint requirement for dogs (effective control by physical restraint) point to that Act (reg 18(6) and reg 18(4)). The assistance dog entitlement also refers to accreditation under that Act (reg 18(3)).
• Liquor Licensing Act 1997: Consumption of alcohol is regulated by reference to licensed premises within the meaning of the Liquor Licensing Act; alcohol consumption otherwise requires Board approval (reg 23(1)).
• National Vocational Education and Training Regulator Act 2011 (Commonwealth): The Board may take action to comply with requirements for the provision of education and training, including registering and maintaining registration as an RTO under the Commonwealth Act (reg 6(2)(a)). This is an example where Commonwealth regulatory architecture is invoked for a State Board’s educational functions.
• Road Traffic (Miscellaneous) Regulations 2014: The note to reg 31 points to the Road Traffic (Miscellaneous) Regulations 2014’s definition of wheeled recreation devices and electric personal transporters, affecting the scope of the prohibition in reg 34.

Operational interactions

• Where other statutory schemes apply they may supersede or coexist: For example reg 35(2) preserves speed limits that apply under the Road Traffic Act 1961. The Regulations therefore do not displace speed limits imposed by that Act where they are already applicable.
• Evidence and procedure cross‑over: Expiation notices issued under the Expiation of Offences Act 1996 and the procedural steps in reg 36 rely on processes governed by the Expiation Act and Motor Vehicles Act (transfer of registration), so Board administrative action will interact with those broader statutory enforcement and vehicle‑registration frameworks.
• Licensing regimes: Activities involving alcohol are tied to the Liquor Licensing Act 1997; event organisers therefore need to comply with both the Board’s approval process and liquor licensing requirements if alcohol is involved (reg 23).

Limits of statutory interaction

• The Regulations do not create an appeal mechanism: There is no appeal or merits‑review provision in the Regulations for persons aggrieved by a Board approval, condition or revocation. Where other Acts provide review rights (for example administrative review under general administrative law) those external remedies might be available, but the Regulations themselves are silent on appeal procedures.
• Employees excluded from regulatory reach in performance of duties: The exclusion of Gardens employees and Board contractors in relation to the performance of services (reg 4) means the Regulations operate primarily as a public, not an internal staff, compliance tool.

In short, the Regulations are designed to sit alongside existing State and Commonwealth regulatory frameworks. They rely on external statutes for definitions, enforcement mechanisms and technical registration requirements, and are structured to complement traffic, animal management and liquor licensing laws rather than replace them.

The Regulations are the 2021 successor to the Botanic Gardens and State Herbarium Regulations 2007. The legislative history included in the instrument records the following:

• Revocation of 2007 Regulations: Schedule 1 Part 1 expressly revokes the Botanic Gardens and State Herbarium Regulations 2007 (Schedule 1, part 1, cl 1).
• Transitional and saving provisions: Schedule 1 Part 2 contains transitional arrangements preserving in‑force Board approvals, authorised‑person appointments, and permit arrangements issued under the revoked regulations (Schedule 1, parts 2-5). Specifically:
  • Approvals of the Board given under regulation 5 of the revoked regulations and in force immediately before commencement are taken to be approvals under reg 5 of the 2021 Regulations and continue for the balance of their term under the same conditions (Schedule 1, cl 3).
  • Authorised persons appointed under reg 8 of the revoked regulations are taken to hold appointments under reg 9 of the 2021 Regulations subject to the same conditions (Schedule 1, cl 4).
  • Permits for permit zones issued under the revoked regulations continue for their balance of term under the same conditions as if issued under reg 37 of the 2021 Regulations (Schedule 1, cl 5).
• Commencement: The Regulations came into operation on the day they were made (reg 2). The table in the legislative history shows the principal regulations , No. 135 of 2021 , published in the Gazette 2.9.2021 and commenced 2.9.2021 (Legislative history notes).
• No further amending instruments or subsequent modifications are recorded within the text you provided. The Legislative history section in the instrument is limited to the immediate principal regulations entry and commencement details.

Practical effect of the transitional provisions: Where the Board had issued approvals, appointments or permits under the 2007 framework those arrangements roll over into this new regulatory regime with continuity of term and conditions. The Regulations therefore provided legal continuity at transition while introducing the 2021 architecture for future approvals, enforcement and fees.

Note: The instrument itself contains no history of earlier amendments to the 2007 Regulations or other historical notes beyond the 2021 principal regulations entry.

The regulatory text provided contains no references to judicial decisions, appeals, or case law applying or construing these Regulations. There are no cases named in the instrument and the legislative history included does not record any litigation history. The schedule and clauses reserve transitional treatment of approvals, authorised persons and permits but do not document any disputes or court outcomes.

Implication for practitioners and researchers

• Absence of named cases in the instrument means one cannot derive interpretive guidance from the text itself. Any administrative questions about the operation of approvals, the scope of authorised‑person powers, or the owner‑liability procedure (reg 36) will need to be informed either by general administrative law, the Expiation of Offences Act 1996, relevant traffic or animal law cases, or by future decisions that test these provisions in court or tribunal.
• Where contested enforcement actions are taken (for example, a prosecution for a breach of a condition in an approval under reg 5 or a vehicle owner challenged on reg 36 procedures), the Rules of evidence, procedural rules under the Expiation Act, and ordinary criminal and administrative law processes will apply, but the instrument does not supply judicial interpretation or appellate feedback.

For now, the litigation landscape is blank in the instrument. Users seeking case law must research contemporaneous or subsequent legal databases or court records for decisions interpreting these Regulations in practice.

The Regulations are precise but contain several practical pitfalls and procedural traps for users, licencees, event organisers, vehicle owners and Board-appointed personnel. These "gotchas" are matters that commonly lead to compliance or enforcement disputes.

• Broad approval requirement: Many ordinary behaviours require the Board’s approval. This includes common activities such as busking, conducting guided tours, selling goods, advertising, posting pamphlets, collecting donations, organising public meetings, flying kites, and operating drones (reg 28(1), 28(4), 28(3), 28(2), 30, 29, 22, 22(1)(c)). Failure to obtain approval exposes a person to penalties (usually max $2,000) and often expiation fees. The breadth of the list means participants in recreational, commercial or civic life must proactively check approval requirements.
• Oral approvals must be confirmed: The Board may grant approvals orally but there is a statutory requirement that an oral approval be confirmed in writing "as soon as practicable" (reg 5(1)(a)(iii)). Parties acting on oral approval should obtain written confirmation quickly , otherwise they risk non‑compliance should the Board later impose conditions or dispute the approval’s scope.
• Conditional approvals carry their own offence and penalty: A person must not contravene a condition of approval; contravention of a condition is itself an offence with a maximum penalty of $2,000 (reg 5(3)). That means conditions attached to approvals are enforceable and can trigger penalties independent of the underlying activity.
• Exemption for Gardens employees is narrow: Gardens employees and persons engaged to perform services on behalf of the Board are not subject to the Regulations in relation to the performance of their duties (reg 4). This does not exempt them from all legal obligations , it only excludes misconduct evaluations under these Regulations when acting in performance of duties , and it may still leave other legislative or common‑law responsibilities intact.
• Owner liability for vehicle offences is technically strict but procedural: Reg 36 makes an owner guilty when a vehicle is involved in a prescribed offence, subject to procedural statutory‑declaration defences. Owners must be attentive to notices under reg 36(3)-(4), and comply with the invitation to identify the driver promptly (21 days). Failure to respond or a false statutory declaration exposes an owner to conviction. Also reg 36(2) prevents both owner and driver being convicted for the same circumstances, but does not prevent parallel investigations or complexities where ownership and driving are disputed.
• Speed limits interplay with Road Traffic Act: The Regulations set low speed limits within Gardens (10-20 km/h depending on context) (reg 35(1)), but reg 35(2) confirms they do not apply where speed limits under the Road Traffic Act 1961 apply. Users must determine which limit governs a particular stretch of road, particularly where Gardens roads interface with public roads.
• Parking fees not payable on Sundays/public holidays: The Board may set parking fees but reg 38(3) forbids fees for parking on Sundays or other public holidays. This is an unusual constraint that must be reflected in any automated ticketing or electronic payment systems the Board operates.
• Written particulars withheld in vehicle declarations: Procedural protections in reg 36(9) require that particulars of a statutory declaration provided to the person named as alleged driver must not include the declarant’s address. That protects the declarant’s residential address, but could make validation of the statutory declaration harder for an accused driver.
• Children and custody dual offences: There are mirror offences in reg 14 , both the custodian and the child can be guilty of the offence of being in a Botanic Garden without suitable accompaniment. That drafting choice could give rise to double enforcement or tactical prosecutorial decisions if both are present.
• Multiple overlapping approvals: The Board can grant approvals by Gazette, in writing or orally, and the method of variation or revocation depends on the original mode of approval (reg 5(1)(c)). A Gazette approval can only be varied by Gazette notice; other approvals are varied by direct notice. Operators should carefully note how their approval was granted to understand revocation risk and variation procedures.
• Silence on appeals or internal review: The Regulations do not provide an internal merits review or appeal route against a refusal or condition. That does not preclude rights under general administrative law or other Acts but users should note the absence of a specified internal appeal mechanism in these Regulations.
• Waiver provision creates discretionary risk: The Board may waive or reduce fees (reg 8). While helpful to some users, it means fee‑paying obligations can differ across applicants and raises the risk of ad hoc or unequal treatment if not governed by clear policy.

These gotchas translate into actionable compliance items: document all approvals in writing; track notices and statutory‑declaration invitations using reliable processes; ensure vehicle and parking procedures align with the Sunday/public holiday exclusion; and recognise the broad sweep of activities that are subject to prior Board approval.

This section gives a practical compliance checklist keyed to regulatory provisions and the operational decisions that the Board or regulated parties must take. It is focused on concrete steps, recordkeeping and anticipatory actions.

For individuals and casual visitors

• Respect opening hours and closures: Check signage at entrances and the Board’s notices to confirm opening hours (reg 13(1)). Do not enter fenced areas or cordoned off parts without approval (reg 13(3)).
• Children and supervision: Ensure any child under 15 is accompanied by someone aged at least 15 at all times in a Garden (reg 14).
• Dogs and hygiene: If bringing a dog into permitted areas, keep it under effective physical restraint as per Dog and Cat Management Act 1995 definitions and remove faeces immediately; be aware of where dogs are prohibited (reg 18(1), (4)-(5)).
• Observe behaviour, noise and smoking rules: Avoid intoxicated, disorderly or disruptive conduct and smoking unless Board approval applies (reg 24). Do not use loudspeakers or public audio devices without approval (reg 25).

For event organisers, commercial operators and vendors

• Obtain written approval: Seek the Board’s approval in writing where commercial activities, weddings, memorials, public talks, sales, advertising, filming, busking or guided tours are contemplated (regs 27-29, 28). If you rely on oral approval, obtain written confirmation promptly (reg 5(1)(a)(iii)).
• Expect conditions and fees: Budget for fees and conditions. The Board may impose conditions and charge fees determined by it (reg 5(1)(b)). Ask for a full list of conditions and a fee schedule before committing to bookings.
• Comply with parallel licences: If alcohol is to be consumed, obtain the relevant liquor licence under the Liquor Licensing Act 1997 as well as Board approval (reg 23). If training is proposed, ensure compliance with RTO registration rules if courses are vocational (reg 6(2)(a)).
• Keep clear audit trails: File copies of approvals, lease/licence documents, fee payments, and any Gazette notices. Because Gazette approvals are varied or revoked via Gazette notice (reg 5(1)(c)(i)), a copy of the original Gazette entry is useful evidence.
• Insurance and indemnities: The Regulations do not specify insurance, but many approvals or leases are likely to impose insurance and indemnity obligations as conditions. Negotiate and document these in approvals.

For vehicle owners and commercial transport operators

• Check permit zone and parking rules: Confirm if the area is within a permit zone regulated under reg 37 and whether specific permit classes, fees and conditions apply. If parking is charged, note reg 38(3) , no fee may be charged for parking on Sundays or public holidays.
• Avoid prescribed vehicles where prohibited: Do not bring prescribed vehicles into Gardens without approval (reg 33(1)(c)). If your vehicle meets the “prescribed vehicle” definition in reg 31, seek express Board approval.
• Observe speed limits: Drive within the low speed limits set by the Regulations (10-20 km/h depending on context) unless a Road Traffic Act speed limit governs (reg 35(1)-(2)).
• Respond quickly to notices: If you receive an expiation notice or a notice inviting a statutory declaration under reg 36(3)-(4), act promptly. Provide a statutory declaration identifying the driver within the specified period if you were not the driver to avoid owner liability.
• Record transfers of ownership: If you sell a vehicle before an alleged offence, ensure compliance with the Motor Vehicles Act 1959 transfer rules to rely on the reg 36(3)(b) transfer defence.

For Board staff and authorised persons

• Identity card practice: Carry and present identity cards when exercising powers under these Regulations (reg 10(1)-(2)).
• Compliance with expiation process: When issuing expiations, follow the Expiation of Offences Act 1996 procedures and ensure notices include required particulars and statutory steps for vehicle owners where applicable (reg 11(4); reg 36).
• Document approvals and variations: Ensure approvals given orally are confirmed in writing as soon as practicable (reg 5(1)(a)(iii)). When granting approvals by Gazette, note the specific variation/revocation route set out in reg 5(1)(c)(i).
• Apply conditions consistently: Because contravention of approval conditions is an offence (reg 5(3)), ensure conditions are clear, published to the approved party and capable of being complied with in practice.
• Keep an approvals register: Maintain a register of approvals, their dates, conditions, fees charged, and any revocations or variations. The transitional provisions (Schedule 1) show the importance of preserving continuity and evidence of previous approvals.

For education and training activities

• Comply with Commonwealth registration where necessary: If offering vocational education and training, ensure the Board or partner entity obtains and maintains registration as an RTO under the National Vocational Education and Training Regulator Act 2011 where applicable (reg 6(2)(a)).
• Align course fees and approvals: Set fees and conditions in accordance with Board determinations under reg 6(2)(b) and secure any site approvals under reg 5 where classes occur in Gardens.

Recordkeeping and procedural hygiene (general)

• Always secure written confirmation of approvals and keep signed copies. Oral approvals are statutorily permissible but must be confirmed (reg 5(1)(a)(iii)).
• Create a filing practice to retain notices, Gazettes, expiation notices, statutory declarations and letters of revocation or variation. Reg 36 prescribes procedural notices to vehicle owners before commencing proceedings.
• Train authorised persons in procedural fairness: Although the Regulations allow authorised persons to order removal and issue expiations (reg 11), following consistent processes reduces litigation risk.
• Monitor signage and public notices: Hours, closures and areas set aside must be displayed and notices used to deny public access where appropriate (reg 13(1)-(2)). Accurate signage supports enforcement by authorised persons and lawful denial of access.

Taken together, compliance requires anticipatory action for approvals, strict recordkeeping, prompt responses to notices and awareness of overlapping regulatory regimes (traffic, animal, liquor, and vocational training law). Where doubt exists, seeking written Board approval or confirmation will reduce enforcement exposure.