Crown Land (Reserves) (Tour Operator Licence Fee) Regulations 2021

The Regulations build on several recurring concepts. Each of these is defined in the instrument itself or emerges from the interaction of provisions.

• Fee units and conversion. The Regulations express many monetary amounts in fee units. The Explanatory Details explain that fee units are within the meaning of the Monetary Units Act 2004 and give the fee unit values for the financial years commencing 1 July 2024 ($16.33) and 1 July 2025 ($16.81). The calculated monetary amount may be rounded to the nearest 10 cents (Endnotes, Explanatory details). The Regulations therefore link the real dollar cost of licences to an indexed statutory unit rather than to fixed dollar figures in the instrument.
• Two licence streams. The "standard licence" stream (Part 2) is the default. The "competitively allocated licence" stream (Part 3) applies where the land manager determines limits are necessary for environmental, cultural or public safety reasons (regulation 10). The competitive stream authorises allocation by public Expression of Interest documents (regulation 3 definition and regulation 12(1)(a)).
• Distinction between an annual licence fee and a use fee. The annual licence fee is a fixed, periodic fee (set in fee units for each licence type and duration), payable on grant and thereafter in respect of subsequent financial years (regulations 5 and 12). The use fee is a volume variable charge based on the number of persons who, each day, enter the reserved land as part of an organised tour or recreational activity conducted by the licence holder (regulation 3 definition; regulations 6 and 13).
• Child definition and differential charging. The Regulations define "child" as a person under 16 or a person of compulsory school age who is educated at a school (regulation 3). The use fee differentiates children and adults, with the child's per‑day rate set at two‑thirds of the adult rate ($1.60 vs $2.40) (regulations 6(2)-(3), 13(1)).
• Use fee cap applicable only to standard licences. Regulation 7 caps the annual aggregate use fee for a standard licence at 1018.74 fee units. The cap is absent from Part 3, so competitively allocated licences are not expressly covered by the cap in these Regulations.
• Record‑keeping and reporting. Both licence tracks require the licence holder to keep daily records in Form 1 (Schedule 1) and to provide those returns quarterly or annually to the land manager (regulations 9 and 14).
• Land manager discretion. The land manager is the decision maker on competitively allocated fee amounts (subject to a statutory minimum and any Ministerial guidelines), and on waiver, reduction or refund applications, including making decisions on the land manager's own motion (regulations 12(1)(a), 12(3), 15(3), 15(5)).
• Interaction with the Act's enforcement provisions. The Regulations refer to suspension under s 21H and cancellation under s 21J of the Crown Land (Reserves) Act 1978 to disqualify licence holders from fee relief in certain circumstances (regulation 16). The Regulations therefore assume enforcement, suspension and cancellation powers lie in the Act rather than in the Regulations.

These concepts determine how fees are calculated, collected, contested and adjusted. The instruments create both predictable per‑person charges and discretionary administrative fees, while embedding mechanisms for relief and caps that apply asymmetrically between licence tracks.

Primary payers and record keepers

• Tour operators who hold, or apply for, a tour operator licence over land reserved under s 4 of the Crown Land (Reserves) Act 1978. The Regulations apply explicitly to holders of "standard licence" and "competitively allocated licence" licences (regulation 3 definitions, Parts 2 and 3). Those persons must pay the annual licence fees and use fees prescribed, keep the required daily records and submit returns to the land manager (regulations 5-9, 12-14).
• Where a licence is granted to a legal entity, the entity is the responsible licence holder required to comply with the payment and reporting obligations under the Regulations. The text refers repeatedly to "the holder of a licence" and obligations binding that holder (for example regulations 5(2), 6(1), 9(1)).

Secondary affected parties

• Visitors and clients of tour operators. The per‑person use fees are charged to licence holders, but the economic incidence may fall on consumers through higher ticket prices. The Regulations prescribe per‑person rates ($2.40 for adults; $1.60 for children) per day of participation (regulation 6(2)-(3), 13(1)). The law does not prescribe how licence holders should recover those costs from consumers.
• Land managers. The land manager is given administrative, discretionary and revenue roles. The land manager determines when Part 3 applies (regulation 10), fixes the competitively allocated licence fee in Expressions of Interest subject to a minimum (regulation 12), calculates use fees (regulations 6, 13), accepts returns, issues refunds where necessary (regulation 8(2), 17), and adjudicates waiver/reduction/refund applications or acts on the land manager's own motion (regulation 15).
• The Minister. The land manager must have regard to any guidelines issued by the Minister when fixing fees in Expression of Interest documents for competitive licences (regulation 12(1)(a)). The Minister therefore plays a role through guidance rather than directly fixing fees in the Regulations.
• Administrators responsible for fee unit publication. The Treasurer must fix the fee unit value annually under the Monetary Units Act 2004 and publish that value before 1 June in the preceding financial year, which affects the real dollar amount of fee unit denominated fees set in the Regulations (Explanatory details).

Groups with special legal treatment

• Children as a category enjoy a reduced per‑person charge under the use fee regime, with the statutory definition of "child" set in regulation 3.
• Licence holders whose licences have been suspended under s 21H or cancelled under s 21J of the Act face limitations on relief; those persons are ineligible for waiver, reduction or refund for outstanding fees or fees paid, with narrow pro‑rata exceptions (regulation 16).

Timing and expiry consequences

• The Regulations expire on 30 June 2026 (regulation 18). Licence holders and applicants are therefore affected by a time‑limited regime that may be extended, replaced or allowed to lapse, with the result that fee settings or administrative procedures could change after expiry.

Concentration of decision power

• The land manager decides when to limit licences for environmental, cultural or safety reasons (regulation 10), and sets competitive licence fees subject to Ministerial guidelines (regulation 12). This concentrates practical allocation, valuation and relief decisions with land managers and central government guidance.

In short, the Regulations affect tour operators as direct fee payers and record keepers, the land manager and Minister as decision makers, and indirectly affect visitors through per‑person charges that operators will likely internalise into pricing.

Duties imposed on licence holders

• Payment obligations. Licence holders must pay the annual licence fee applicable to their licence type. For a one‑year standard licence, the fee is 20.78 fee units payable on grant (regulation 5(2)). For multi‑year standard licences, the holder must pay 16.3 fee units on grant for the part‑year to 30 June and by 30 June in each subsequent year, with an election to prepay the subsequent year's fee in a lump sum on grant (regulation 5(3)-(5)). For competitively allocated licences the holder must pay the fee fixed by the land manager in the relevant Expression of Interest document, at least 20.78 fee units, on the same timing model or as a lump sum (regulation 12(1)-(3)).
• Payment of use fees. Licence holders must pay use fees calculated from daily participation totals, at $2.40 per non‑child per day and $1.60 per child per day, subject to the cap for standard licences (regulations 6(1)-(3), 13(1)).
• Record‑keeping and returns. Licence holders must maintain daily records of participants for each organised tour or recreational activity in Form 1 (Schedule 1) and provide that record to the land manager quarterly or annually (regulations 9(1)-(2), 14(1)-(2)).
• Submission timing and payment frequency. Use fees may be paid quarterly or annually (regulations 8(1), 13(2)). Annual licence fees have specified timing on grant and by 30 June for subsequent financial years (regulations 5(3)(b), 12(3)(a)).

Rights and procedural protections

• Right to apply for reduction, waiver or refund. Licence holders may apply in writing to the land manager to have a fee waived, reduced or refunded (regulation 15(1)-(2)). The land manager may also act on their own motion to grant relief (regulation 15(5)).
• Factors to be considered in relief decisions. The land manager must have regard to whether payment would cause undue financial hardship, would be manifestly unfair, or whether a natural or unnatural event impacted the holder's ability to conduct activities on reserved land (regulation 15(4)). These are mandatory considerations but do not create a private right to particular outcomes; they constrain the land manager's decision‑making criteria.
• Refund entitlement where payments exceed the cap or where licence is surrendered. If a standard licence holder pays more than the use fee cap the licence holder is entitled to a refund for amounts in excess at the end of the financial year (regulation 8(2)). A pro‑rata refund is available to a holder who surrenders a licence for any non‑commenced year for which fees were paid in advance (regulation 17).
• Limited refund on cancellation. If a licence is cancelled under s 21J, refunds are generally not available. However, if the cancelled licence had been held for more than one year before cancellation and the holder paid fees in advance for a future year, the holder remains eligible for a pro‑rata refund of fees for any non‑commenced year (regulation 16(3)).

Disqualifications and limits on relief

• Suspension or cancellation bars. A holder whose licence is suspended under s 21H is not eligible for waiver, reduction or refund for outstanding fees or any fees paid (regulation 16(1)). A person whose licence has been cancelled under s 21J is similarly ineligible, except for the limited pro‑rata exception in regulation 16(3).
• Competitively allocated licence fee discretion. The land manager may set the competitive fee subject to Ministerial guidelines and the statutory minimum. The Regulations do not constrain the land manager on other aspects such as fee escalation within the Expression of Interest, though the minimum protects a floor (regulation 12(1)-(2)).

Document and publication duties

• Fee unit publication and calculation. The Explanatory Details state that the Treasurer must fix the value of a fee unit for each financial year under the Monetary Units Act 2004 and publish it in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Licence holders and land managers must therefore apply the correct fee unit value when converting fee units to dollars (Explanatory details).

Summary of who decides what

• Land manager: decides when to apply competitive allocation (regulation 10), sets competitively allocated licence fees within bounds (regulation 12), calculates and collects use fees, receives returns, decides waiver/refund applications (regulations 12, 13, 15).
• Minister: issues guidelines that the land manager must have regard to when fixing competitively allocated fees (regulation 12(1)(a)).
• Treasurer: fixes fee unit value under Monetary Units Act 2004 and publishes it (Explanatory details).

These duties create routine administrative compliance obligations for licence holders and reserve significant discretionary and executive functions to the land manager and Minister.

The Regulations themselves do not set express monetary penalties or criminal offences. Instead, enforcement, suspension and cancellation link to statutory powers in the Crown Land (Reserves) Act 1978 and to the land manager's administrative functions under these Regulations. The key enforcement architecture is therefore two‑layered.

No express penalties in the Regulations

• There are no penalty clauses within the Regulations text that specify fines, infringement notices or criminal offences for non‑payment or record‑keeping defaults. The text concentrates on fees, records and relief procedures (Parts 2-4, Schedule 1).

Referral to the Act for enforcement powers

• The Regulations assume and reference the Act for suspension and cancellation. Regulation 16 disqualifies holders suspended under s 21H or cancelled under s 21J of the Act from relief. Those cross references indicate that the Act contains the enforcement mechanisms that may include powers to suspend, cancel or otherwise penalise licence holders, and that the consequences of enforcement under the Act include the loss of eligibility for Administratively‑granted financial relief under these Regulations. Practitioners must therefore consult the Crown Land (Reserves) Act 1978 for the specific enforcement tools, processes and penalties, including any administrative review or appeal rights that attach to actions under the Act.

Administrative enforcement tools available under these Regulations

• Refunds and withholding. The land manager is empowered to calculate use fees and issue refunds where overpayments have occurred, including refunds when the use fee cap is exceeded for standard licences (regulation 8(2)). The land manager also controls pro‑rata refunds on surrender (regulation 17) and limited pro‑rata refunds on cancellation (regulation 16(3)). These mechanisms allow the land manager to adjust financial entitlements and liabilities without resorting to formal penalty notices.
• Waiver and reduction discretion. The land manager's power to waive, reduce or refund fees (regulation 15(3)) is both an enforcement and a remedial power. It can be applied to ameliorate liability where the land manager deems hardship or unfairness exists. Conversely, the land manager's refusal to grant relief effectively enforces collection.
• Record submission and potential audit. The requirement to maintain Form 1 daily returns and provide them quarterly or annually creates an information flow that the land manager can use to verify calculations and to detect under‑reporting of participant numbers (regulations 9 and 14). Non‑compliance with record‑keeping could trigger Act‑based enforcement responses, although the Regulations do not specify the sanction.

Practical enforcement risks and uncertainties

• Enforcement standards and review rights rest in the Act. Because the Regulations do not specify penalties, the severity and process of enforcement (including review, internal reconsideration and merits review) must be determined by reference to the Crown Land (Reserves) Act 1978 and any subsequent policy or administrative practice. The Regulations’ cross references to s 21H and s 21J make those Act provisions essential reading for anyone advising on enforcement risk.
• Discretion and legal challenge. The land manager's broad discretion in deciding to apply competitive allocations (regulation 10), to set competitive licence fees subject to Ministerial guidelines (regulation 12(1)(a)), and to grant or refuse fee relief (regulation 15) can give rise to administrative law challenges if procedural fairness is not observed, or if decisions are made without regard to required statutory considerations. The Regulations themselves list considerations for relief decisions (regulation 15(4)), which the land manager must have regard to; failure to do so could be a ground for review.

Recommended practitioner actions

• Cross‑check enforcement provisions in the Crown Land (Reserves) Act 1978, including s 21H and s 21J and related sections concerning powers of land managers, payment obligations and remedies.
• Ensure that Form 1 returns are maintained and archived to support defence against any under‑reporting allegations, and to satisfy any audit or review initiated by the land manager.
• Where relief is sought, apply in writing and address the considerations specified in regulation 15(4) (hardship, manifest unfairness, and impacts of events) so the land manager's statutory decision‑making framework is engaged.

In short, the Regulations create the payment and documentation framework while delegating punitive and corrective instruments largely to the Act and to land manager administrative processes.

The Regulations operate as subordinate legislation made under s 31 of the Crown Land (Reserves) Act 1978 (regulation 2), and they explicitly reference and rely on other statutes and instruments. The primary interactions are the following.

Crown Land (Reserves) Act 1978

• Foundational instrument. The Regulations are made under s 31 of the Act and repeatedly cross‑refer to licensing, suspension and cancellation provisions in the Act. For example, the Regulations effect how fees interact with a licence under s 21C and s 21D of the Act (regulations 4, 5 and 12 reference s 21C and s 21D), and they disqualify relief for licences suspended under s 21H or cancelled under s 21J (regulation 16). Therefore, the Act contains the substantive licensing, enforcement and cancellation powers that give operational force to these Regulations.

Monetary Units Act 2004

• Fee unit conversion. The Regulations specify amounts in fee units and rely on the Monetary Units Act 2004 for the monetary value of a fee unit. The Explanatory Details state the fee unit value for FY2024 and FY2025, and that the Treasurer will fix and publish the fee unit for subsequent years under section 5 of that Act (Explanatory details). Practically, fee increases or decreases will flow automatically from the fee unit value set under that Act, so operators must monitor Treasurer publications.

Education and Training Reform Act 2006

• Definition alignment. The Regulations import the statutory meaning of "compulsory school age" and "school" from the Education and Training Reform Act 2006 for the definition of "child" (regulation 3). That linkage anchors who qualifies for the reduced child use fee to definitions in the education statute, affecting pricing and reporting categorisation.

Ministerial guidelines and administrative instruments

• Competitively allocated licences. Regulation 12(1)(a) requires the land manager to have regard to any guidelines issued by the Minister when fixing competitive licence fees in Expression of Interest documents. Those Ministerial guidelines, which are not reproduced in the Regulations, will materially affect the fee levels and allocation processes for competitive licences and should be reviewed where relevant.

Regulatory and administrative law

• Administrative decision‑making. The land manager's discretions in determining when Part 3 applies (regulation 10), in fixing competitive fees (regulation 12), and in deciding waiver/refund/reduction applications (regulation 15) are subject to general administrative law principles, including procedural fairness and statutory reasonableness. The Regulations also set out mandatory considerations for relief decisions (regulation 15(4)). Administrative law remedies outside the Regulations are therefore relevant.

Other statutory rules and enabling instruments

• The Regulations have been amended by S.R. No. 41/2023 and S.R. No. 41/2025 (Table of Amendments). Those subordinate instruments amended regulation 18 as noted in the text and the Endnotes. A practitioner should check the consolidated version of both the Regulations and the Act for later changes.

Practical cross‑references and compliance implications

• Conversion of fee units to dollars. Operators must apply the Treasurer’s published fee unit for the relevant financial year to compute actual dollar liabilities under regulation 5, 7 and 12(2). The Explanatory Details prescribe that calculation and rounding rules.
• Enforcement and remedies lie in the Act. Because suspension, cancellation and the consequences for relief eligibility are set by reference to the Act, practitioners advising on compliance, dispute or enforcement must read both instruments together.
• Ministerial guidance as a material instrument. The Minister's guidelines for competitive allocation will be binding upon the land manager to the extent they must be had regard to under regulation 12(1)(a). Those guidelines may alter practical access to competitive licences and the fee levels attached.

In short, the Regulations are not a stand‑alone regime. They convert statutory licensing requirements into dollar and procedural rules, but rely on the Crown Land (Reserves) Act 1978, the Monetary Units Act 2004, the Education and Training Reform Act 2006, and Ministerial guidance for key definitions, enforcement tools and fee conversion mechanics.

The consolidated Regulations incorporate amendments made since original promulgation. The instrument contains its own table of amendments and endnotes which identify dates and statutory rule numbers.

Original making and commencement

• The Regulations were made on 29 June 2021 by the Governor in Council under s 31 of the Crown Land (Reserves) Act 1978 and commenced on 29 June 2021, as noted in the Endnotes (Endnotes, General information).

Subsequent amendments

• S.R. No. 41/2023, Crown Land (Reserves) (Tour Operator Licence Fee) Amendment Regulations 2023. The Table of Amendments records the date of making as 6 June 2023 and date of commencement as 6 June 2023. The consolidated text records that regulation 18 was amended by S.R. No. 41/2023 reg. 3 (the footnote to regulation 18 explicitly references both amendment instruments).
• S.R. No. 41/2025, Crown Land (Reserves) (Tour Operator Licence Fee) Amendment Regulations 2025. The Table of Amendments records the date of making and commencement as 11 June 2025. The consolidated text records that regulation 18 was amended by S.R. No. 41/2025 reg. 3.

Versioning and consolidation

• The front page indicates this is Version No. 003, a version incorporating amendments as at 11 June 2025. The Endnotes advise that the publication incorporates amendments made by statutory rules, subordinate instruments and Acts, and include the two S.R. amendments cited above (Table of Amendments, Endnotes).
• The Endnotes also contain Interpretation of Legislation Act 1984 guidance on statutory style and how headings, punctuation and provision numbers are to be treated as part of the Statutory Rule, which is relevant for formal interpretation and citation (Endnotes, Interpretation of Legislation Act 1984).

Observable amendment targets

• The footnote to regulation 18 specifically indicates it was amended by the 2023 and 2025 Amendment Regulations (Reg. 18 amended by S.R. Nos 41/2023 reg. 3, 41/2025 reg. 3). That suggests the expiry date or timing provisions have been revised by those amendments. The consolidated version now states an expiry of 30 June 2026 (regulation 18).
• No other amendment detail is shown in the body of the consolidated text provided. For full legislative history, practitioners should inspect the S.R. Nos 41/2023 and 41/2025 texts to determine what textual changes were made in those amending instruments, and whether any fee unit quantities, rates, caps or procedural rules were altered.

Practical implications of amendment history

• Time‑limited regime extended. The repeated amendment of the expiry provision suggests the Regulations are intended to be temporary measures or subject to periodic renewal; as consolidated they expire on 30 June 2026 (regulation 18).
• The Explanatory Details provide fee unit values for FY2024 and FY2025 and the mechanism for future fee units, but do not disclose any substantive policy shifts in amendment materials. Where operators have rights or obligations that depend on fee unit values or on expiry, they should track Treasurer notices and any further amending statutory rules.

For advising clients, always check the version history on the statutory database to confirm that no further amending instruments post‑dating the 11 June 2025 consolidation have altered fee levels, caps or procedural rules.

The text supplied contains no references to litigation, cases or judicial decisions arising under these Regulations. There are no judicial determinations cited in the instrument, its Endnotes or Explanatory Details.

What the absence of litigation references means for practitioners

• No named cases in the instrument. Because the statutory rule and its Endnotes do not name any cases, there is no litigation record embedded in the consolidated text for the Regulations. Practitioners should not assume there is no litigation in existence; rather, the instrument itself does not record any.
• Practical search steps. If advising on contested interpretations, administrative decisions under regulation 10, 12 or 15, or on the application of the cap and refund mechanisms, a practical step is to search Victoria legal databases and tribunal/VCAT records for disputes involving the Crown Land (Reserves) Act 1978 and these Regulations, particularly disputes about: (a) land manager discretion in allocating licences and fixing competitive fees; (b) the calculation or application of use fees; (c) denial of waivers or refunds under regulation 15; and (d) enforcement actions under s 21H and s 21J of the Act referenced in regulation 16.

Administrative review and potential merits avenues

• Administrative review and judicial review. Decisions by land managers under these Regulations will be susceptible to administrative law review (merits review where available, and judicial review in the Supreme Court) to the extent statutory decision mechanisms and review rights exist under the Act and general administrative law. The Regulations themselves impose mandatory considerations in relief decisions (regulation 15(4)), which could be relied upon in a review challenge if not observed.
• No statutory appeal procedure in the Regulations. The Regulations do not set out an appeal or merits review mechanism for decisions under the instrument. Any appeal rights will be located in the Crown Land (Reserves) Act 1978 or in general administrative law procedures.

Advising clients

• For clients confronting a denial of fee relief, a suspension, cancellation or a disputed use fee calculation, counsel should examine: the Act for enforcement and review pathways; the land manager's published guidelines and Expression of Interest documents for competitive licences; and any policy documents that evidence the decision maker's exercise of discretion. Absent a known litigation history from the instrument, primary research will be necessary to discover any precedents.

In sum, the consolidated Regulations include no litigation references. Practitioners must search external legal sources and tribunal records to build a litigation picture relevant to specific disputes arising from these Regulations.

The Regulations are relatively compact but contain several practical traps and asymmetries that advisers and operators should note.

Fee unit dependence and timing

• Dollar amounts vary annually. Many fees are expressed in fee units. Fee unit values for FY2024 and FY2025 are published in the Explanatory Details ($16.33 and $16.81 respectively). Fees payable in dollars therefore change with the Treasurer's annual determination under the Monetary Units Act 2004. Practitioners must confirm the applicable fee unit for each financial year before calculating monetary obligations (Explanatory details). Calculations may be rounded to the nearest 10 cents, which is another small but material compliance step in invoicing and bookkeeping.

Asymmetry of the use fee cap

• Cap applies only to standard licences. Regulation 7 caps aggregate use fees at 1018.74 fee units per year for holders of a standard licence. There is no corresponding cap noted in Part 3 for competitively allocated licences. A competitively allocated licence holder therefore potentially faces uncapped exposure to use fees, in addition to the competitively fixed licence fee, unless the Expression of Interest document or Ministerial guidelines create a different arrangement (regulations 7 and 12). Competitively allocated operators should confirm cap treatment in the competitive documentation.

Counting participants, days and double‑counting risk

• Per day charging model. Use fees are charged per person per day of participation. The Form 1 return requires entries for "No. of adults" and "x No. of days/trips", but does not define a "day" or set rules for multi‑day trips spanning reserve boundaries or overlapping activities (regulation 6(2)-(3), Schedule 1). Operators need to adopt and document a consistent counting convention. Discrepancies between operator counting and land manager audit approaches could create disputes.

Definition of child and edge cases

• Child definition blends age and schooling. The Regulations define "child" as either under 16, or of compulsory school age who is educated at a school (regulation 3). That creates edge cases such as 16‑year‑olds who are of compulsory school age in some circumstances, or home‑schooled children. Operators should clarify how to categorise participants and retain documentary evidence for any children classified under the schooling limb.

Competitively allocated licence fee floor but not cap

• Minimum fee for competitive allocation. Regulation 12(2) sets a minimum fee of 20.78 fee units for competitively allocated licences. The land manager otherwise determines the fee in the Expression of Interest subject to Ministerial guidelines (regulation 12(1)(a)). Operators participating in a competitive process should factor in that fees could be materially higher than the minimum because the Regulation places no upper bound.

Relief limitations keyed to Act enforcement

• Suspension and cancellation bar relief. Operators suspended under s 21H are ineligible for waiver, reduction or refund (regulation 16(1)). Cancelled licences under s 21J are generally ineligible too, except in the specific limited pro‑rata situation for longer‑held licences (regulation 16(2)-(3)). Because these bars are tied to Act enforcement, a regime of enforcement under the Act can have the additional effect of eliminating access to administrative relief under the Regulations.

Record form inconsistencies and placeholders

• Schedule 1 contains placeholders. Form 1 in Schedule 1 uses placeholders such as "$XX" in the table headings, while the Regulations fix per‑person rates in regulations 6 and 13. Operators should not rely on the Schedule's printed placeholders for rate determination, but should instead use the statutory rates and convert fee units where necessary (Schedule 1; regulations 6, 13).

Expiry and policy uncertainty

• Time‑limited instrument. The Regulations expire on 30 June 2026 (regulation 18). That creates policy uncertainty for longer‑term business planning. If the Regulations are not renewed in the same form, licence fees, caps and relief regimes might change materially.

Information and audit exposure

• Quarterly or annual reporting window. The Regulations permit quarterly or annual returns; the choice may affect cashflow but also audit exposure. Choosing annual reporting increases the period for potential under‑reporting to accumulate while quarterly reporting increases administrative load. Operators should select and document their reporting cadence and keep back‑up records for potential audits (regulations 9(1)-(2), 14(1)-(2)).

Potential administrative law exposure

• Mandatory considerations for relief decisions. Regulation 15(4) lists factors the land manager must consider when deciding relief. If the land manager fails to consider these, the decision could be vulnerable to administrative review. Operators seeking relief should set out evidence addressing those factors in writing. Conversely, land managers should record reasons demonstrating they have considered the listed factors to mitigate review risk.

Collective activity and operator coordination

• Multiple operators on the same reserve. There is no express mechanism in the Regulations to coordinate fee collection or reporting where multiple licences operate on the same reserve or where tour operators use the same routes. This can create practical overlaps, especially where counting and allocation of participants might be contested.

In short, the main practical "gotchas" are: fee unit variability and conversion, the asymmetrical cap, participant counting rules, the limited relief around suspension and cancellation, Schedule 1 placeholders, and the expiry horizon. Addressing these requires clear operator policies, robust record keeping, and proactive engagement with land managers and Ministerial guidelines.

This section sets out practical steps a licence holder, applicant or advisor should take to comply with the Regulations. Compliance is both procedural and numerical.

Initial steps on application and grant

• Identify licence stream. Determine whether you are applying for a standard licence or a competitively allocated licence. Part 3 applies only if the land manager determines limits are necessary for environmental, cultural or public safety reasons (regulation 10). If the land manager advertises an Expression of Interest document, the application will be under the competitive track and the fee will be the amount set in that document subject to a minimum of 20.78 fee units (regulation 12(1)-(2)).
• Budget for the annual licence fee. For a one‑year standard licence, budget for 20.78 fee units payable on grant (regulation 5(2)). For multi‑year standard licences, budget 16.3 fee units on grant for the part‑year and for each subsequent financial year or choose to pay the subsequent year's fee in a lump sum on grant (regulation 5(3)-(5)). If applying in a competitive process, plan for at least the minimum statutory floor of 20.78 fee units and potential additional competitive payments set in the Expression of Interest document (regulation 12).

Calculate fee unit conversions correctly

• Apply the Treasurer's fee unit. Before converting fee units to dollars, fetch the Treasurer's published fee unit value for the relevant financial year under the Monetary Units Act 2004 and published as required before 1 June (Explanatory details). Use that value in the fee calculations and round to the nearest 10 cents as permitted (Explanatory details).
• Example conversions. The Regulations do not prescribe dollar equivalents, but the Explanatory details give examples for FY2024 and FY2025. For FY2024 a 20.78 fee unit licence equates to approximately 20.78 × $16.33, and for FY2025 approx. 20.78 × $16.81. Always calculate using the current Treasurer‑published fee unit.

Manage per‑person use fees and the cap

• Charge and account for per person per day. Record the number of adults and children on each day of activity and apply $2.40 per adult per day and $1.60 per child per day for use fee accounting (regulations 6(2)-(3), 13(1)). These dollar rates are expressed as fixed dollar amounts in the Regulations.
• Monitor the use fee cap for standard licences. If you hold a standard licence, track cumulative yearly use fees and identify when the 1018.74 fee unit cap would be breached. If you pay more than the cap, you are entitled to a refund at the end of the financial year (regulations 7 and 8(2)). Convert the cap to a dollar figure using the fee unit for the year to know the monetary threshold.

Maintain Form 1 daily records and submission schedule

• Use Schedule 1 Form 1 for record‑keeping. Keep daily records of participants and trips in Form 1 as required by regulations 9(1) and 14(1). Ensure every day the organised tour or recreational activity is conducted is covered by an entry (regulations 9(2)(a), 14(2)(a)).
• Choose reporting cadence and be consistent. Decide whether to submit returns quarterly or annually and stick to that schedule. Submissions must be provided to the land manager on the chosen cadence (regulations 9(2)(c), 14(2)(c)). Maintain electronic and archived backups to respond to any audit or query.
• Record the legal basis for child classification. When a participant is recorded as a "child" under regulation 3, keep documentary evidence where applicable, for instance parental assertions, school attendance confirmation, or age verification, to defend against reclassification risk.

Payment timing and cashflow

• Pay licence fees on grant and by 30 June. Annual licence fees for multi‑year grants must be paid on grant for the part‑year and by 30 June for each subsequent financial year unless prepaid in lump sum on grant for the year (regulation 5(4)(a)-(b), 12(3)(a)-(b)). Use fees may be paid quarterly or annually (regulations 8(1), 13(2)).
• Keep records of prepayments for pro‑rata refund rights. If fees are paid in advance and the licence is surrendered, a pro‑rata refund is available for non‑commenced years (regulation 17). In the event of cancellation where the licence had been held for more than one year, a pro‑rata refund of non‑commenced years may be available (regulation 16(3)). Keep clear records of the dates and amounts of any prepayments.

Applying for waiver, reduction or refund

• Apply in writing and address statutory considerations. Regulation 15(2) requires written applications for fee relief. Regulation 15(4) specifies the matters the land manager must have regard to, including whether payment would cause undue financial hardship, whether payment would be manifestly unfair, and the impact of natural or unnatural events on the operator's ability to conduct tours. Tailor the application to these criteria and include evidence.
• Be aware of disqualifying circumstances. If the licence has been suspended under s 21H or cancelled under s 21J, the holder is ineligible for relief except in the narrow pro‑rata case in regulation 16(3). Do not assume relief is available where enforcement action is underway.

Engage with land manager and Ministerial guidance

• Seek copies of Ministerial guidelines and Expression of Interest documents. For competitively allocated licences, the land manager must have regard to Ministerial guidelines (regulation 12(1)(a)). Obtain and review these documents early to understand fee setting and allocation criteria.
• Clarify ambiguous counting rules with the land manager. Where the Regulations do not define how to count participants on multi‑day trips or overlapping activities, seek written confirmation from the land manager to reduce audit risk.

Record retention and audit preparation

• Retain original source materials. Keep booking records, participant lists, ticket sales, payment receipts and any correspondence with the land manager. Those records will be necessary to substantiate use fee returns in the event of an audit or dispute.
• Reconcile quarterly or annual returns with financial records. Regular reconciliation will prevent surprises at year end when caps, refunds or liabilities are assessed.

Plan for expiry and regulatory change

• Monitor the expiry date and potential renewal. The Regulations expire on 30 June 2026 (regulation 18). Monitor government notices for renewal, replacement or reform that could change fees, caps or reporting obligations.
• Model scenarios. For business planning, model the financial impact of the fee unit rising, of hitting the use fee cap, and of competing in Expression of Interest processes where licence fees may be higher than the statutory minimum.

Final administrative checklist

• Confirm licence type and applicable fees at grant.
• Convert fee units using current Treasurer‑published value and round to nearest 10 cents.
• Maintain daily Form 1 records and choose quarterly or annual submission cadence.
• Track cumulative use fees for cap compliance and refund eligibility.
• Submit written applications for relief that address regulation 15(4) considerations.
• Keep clear records of prepayments to support any pro‑rata refund claims.
• Review Ministerial guidelines and Expression of Interest documents for competitive licences.
• Archive all supporting documents for at least the period within which the land manager may audit or bring enforcement action.

Compliance is therefore a mix of correct arithmetic, disciplined record‑keeping, timely payments and administrative engagement with the land manager and Treasurer‑issued fee unit notices.