CROWN LANDS (RECREATION RESERVE) REGULATIONS 1938

The Regulations define several key concepts that structure their operation.

Reserve. Regulation 2 defines “reserve” as “any lands reserved for the recreation or amusement of the public or for any other public purpose”. This is broad, covering not only designated recreation parks but any land set aside under the Crown Lands Ordinance for a public purpose. The term is not limited to land reserved solely for passive recreation; it extends to any public purpose, which might include showgrounds, racecourses or similar facilities. The definition anchors the jurisdiction of the Regulations to lands that have been formally reserved under the Ordinance, not to all Crown land.

Trustees. “Trustees” means trustees appointed under s 103C of the Crown Lands Ordinance 1931-1935 (reg 2). These are not private trustees but statutory office-holders charged with the care, control and management of a specific reserve. They hold a corporate capacity (reg 14 refers to the trustees in their “corporate name”), can own a seal, and can enter into contracts for the use of the reserve. The Regulations do not specify their appointment process or tenure; that is left to the Ordinance.

Meeting. Regulation 2 defines “meeting” to include “agricultural or pastoral show, exhibition, athletic sports, race meeting or other entertainment”. This definition is important because it triggers the trustees’ power to grant exclusive use of the reserve (or part of it) to a person for a meeting under reg 9(2). The definition is expansive: any organised entertainment or exhibition counts as a meeting, allowing the trustees to license events on days when the reserve is closed to the public.

Open and closed periods. The Regulations create a binary: the reserve is open to the public on all days unless either the Administrator or the trustees issue a Gazette notice declaring it not open (reg 8). The trustees’ power to close is capped at 28 days per year and three consecutive days at a time. This gives the trustees flexibility to schedule maintenance, special events or exclusive hiring without permanently restricting public access.

Charging and exclusive use. On days when the reserve is not open to the public, the trustees may charge for admission (with the Administrator’s approval) and may grant exclusive use to a person for a meeting (reg 9). That person may also charge for admission during the exclusive use period. This creates a two-tier access model: free entry when the reserve is open, and paid or restricted entry on closed days. Note that the Regulations do not permit charging the public on days when the reserve is open - only on closed days.

Offence and reasonable suspicion. The regulations create criminal offences with a low penalty cap ($20). Several offences contain a reverse onus clause: the defendant bears the burden of proving lawful excuse or lawful authority (for example, regs 16-19, 21-24). The concept of “reasonably suspected” under reg 25 allows any police officer or authorised person to demand a name and address; refusal is an offence, and compliance is required even if the suspicion later proves unfounded.

The Regulations directly affect several categories of persons and entities.

Trustees. These are the primary duty-holders. Trustees are appointed under s 103C of the Ordinance for each reserve. They bear affirmative obligations: hold meetings at least once every four months (reg 3), keep accounts (reg 6), report to the Minister as directed (reg 5), maintain the reserve and its improvements (regs 12, 13), and seek Administrator consent before building (reg 11). They also hold discretionary powers: to close the reserve (reg 8), to charge for admission on closed days (reg 9), to grant exclusive use (reg 9(2)), to authorise persons to demand identification (reg 25), and to remove offending persons (reg 15). Trustees are subject to audit and inspection of their books by any person authorised by the Administrator (reg 6).

The Minister. The Minister receives reports from trustees as directed (reg 5) and receives audited annual statements (reg 7(2)). The Minister does not directly control day-to-day management but oversees trustee compliance.

The Administrator. The Administrator (of the Northern Territory) holds significant approval and direction powers: approves charges for admission (reg 9), directs erection of fences after consultation (reg 10), and must consent in writing to any building or structural alteration by trustees (reg 11). The Administrator may also close the reserve by Gazette notice (reg 8). These powers give the executive branch indirect control over infrastructure and pricing.

Members of the public. Every person entering or using a reserve is affected by the behavioural prohibitions in regulations 16-24. This includes residents, tourists, event attendees, vendors, persons wishing to camp, graziers, and participants in games or meetings. The public’s primary right is access on days when the reserve is open (reg 8). On closed days, access may be restricted or chargeable. The public also has a right to apply for written permissions from trustees for meetings, sales, erection of structures, and grazing (regs 21-24). However, the Regulations do not oblige trustees to grant any such permission; they are discretionary.

Persons authorised by trustees. Trustees may authorise a person in writing to demand names and addresses from those reasonably suspected of an offence (reg 25). This expands the enforcement net beyond police to any designated individual, potentially including rangers, security guards or council officers.

Police. A member of the Police Force may, without written authorisation, demand a name and address from a person reasonably suspected of an offence (reg 25). Police also enforce the criminal offence provisions, though the low penalty of $20 suggests that in practice enforcement may be limited.

Event organisers and exclusive users. Persons granted exclusive use under reg 9(2) acquire a temporary right to occupy and use the reserve (or part of it) and to charge for admission. They can exclude non-paying persons. This affects commercial event operators, agricultural show societies, and race clubs.

Stock owners and graziers. Anyone wishing to graze horses, cattle, sheep, goats, pigs, camels or other stock on a reserve must obtain the trustees’ written consent (reg 24). This affects pastoralists using reserves for agistment or show purposes.

The Regulations impose a set of positive duties on trustees and grant specific rights to the public and to exclusive users, subject to conditions.

Trustees’ duties. These are largely administrative and maintenance-oriented. Regulation 3 requires trustees to meet at least once every four months for the despatch of business. The quorum is two trustees unless all trustees otherwise determine. This ensures periodic attention to reserve affairs. Regulation 4 governs affixing the corporate seal: only by resolution and in the presence of at least two trustees who must sign the instrument. Regulation 5 obliges trustees to report to the Minister at such times as the Minister directs and on such matters as the Minister specifies. Regulation 6 requires trustees to keep books of account showing all revenue and expenditure connected with the reserve, and to permit inspection and audit by any person authorised by the Administrator. Regulation 7(2) demands an audited statement of receipts and expenditure for the financial year ending 30 June, furnished to the Minister within one month.

Regulation 10 requires trustees to erect fences as directed by the Administrator after consultation. Regulation 11 prohibits trustees from erecting any building or making structural alterations without the Administrator’s written consent. Regulation 12 obliges trustees to keep all buildings, erections, fixtures, fences and other improvements in good and tenantable repair. Regulation 13 mandates that trustees keep the reserve clean, tidy and free from debris, dry herbage, rubbish and other unsightly or offensive matter.

Trustees’ rights and discretions. Trustees may regulate their own meetings and proceedings as they think fit (reg 3). They may close the reserve for up to 28 days per year with a maximum of three consecutive days (reg 8). On closed days they may charge for admission (with Administrator approval) and may grant exclusive use to any person for a meeting on such terms as the trustees think fit (reg 9). They may remove any person who is intoxicated, behaves offensively or uses indecent language (reg 15). They may authorise a person in writing to demand names and addresses from persons reasonably suspected of an offence (reg 25). They may set apart portions of the reserve for games and impose conditions (reg 20). They may grant or refuse written permissions for meetings, erections, sales and grazing (regs 21-24). The discretion is broad; nothing in the Regulations requires trustees to give reasons or to act in a particular manner when granting permissions.

Public rights. The public has a right to access the reserve on all days except those declared closed by Gazette notice (reg 8). This is the central entitlement. The public also has a right to use the reserve for lawful purposes consistent with the Regulations. There is no express right to hold a meeting, sell goods, erect structures, camp, graze stock, or play games outside designated areas - those activities are prohibited unless the trustees grant written permission. The public may also bring dogs into the reserve only if the dog is held by a chain or cord (reg 17(d)).

Rights of exclusive users. A person granted exclusive use under reg 9(2) has the right to occupy and use the reserve (or a portion) for a meeting on terms agreed. That person may charge for admission (with Administrator approval) and may exclude non-payers. This is a temporary property right, though it remains conditional on the trustees’ permission and the Administrator’s pricing approval.

Reverse onus and proof. Several offences place the burden of proof on the defendant. Regulation 16 (damage to property) uses “without lawful excuse (proof whereof shall lie upon him)”. The same formula appears in reg 17(c) (playing instruments, discharging firearms or fireworks), reg 18 (trespassing in prohibited areas), reg 19 (camping), reg 21 (unauthorised meetings), reg 22 (erecting tents, booths, stalls, posts or poles), reg 23 (sales), and reg 24 (grazing). This shifts the evidentiary burden to the accused, a significant departure from the ordinary criminal presumption of innocence. The practical effect is that once the prosecution proves the actus reus, the defendant must prove lawful authority or excuse on the balance of probabilities.

The penalty structure under these Regulations is remarkably low. Regulation 26 provides that any person who commits an offence against or contravenes any provision of the Regulations is liable “to a penalty not exceeding $20”. As at 1 October 1985 (the version date), $20 had negligible deterrent effect. Even adjusted for inflation, the sum is trivial for most activities. This low maximum penalty suggests that these Regulations are primarily regulatory and symbolic, designed to give trustees and police a formal basis for issuing warnings or removing persons rather than prosecuting for significant fines. However, the offence provisions themselves are drafted in absolute terms: a breach of any prohibition is an offence, carrying criminal liability.

List of offences. The Regulations create the following specific offences:

• Interfering with, damaging or destroying trees, shrubs, flowers, plants, grass, notices, placards, seats, gates, posts, fences, tanks, taps, pipes, buildings or other erections, or any property of the Commonwealth or trustees in the reserve (reg 16(a)).
• Cutting or making names, letters or marks on, or affixing bills, papers, documents or notices to, any tree, seat, gate, post, fence, building or other erection, or otherwise defacing them (reg 16(b)).
• Lighting a fire in any reserve except in a place specially provided by the trustees (reg 17(a)).
• Leaving paper, fruit peel, litter, waste food or refuse except in a place specially provided (reg 17(b)).
• Playing any instrument, discharging firearms or fireworks without lawful authority (reg 17(c)).
• Bringing any dog into the reserve unless held by a chain or cord (reg 17(d)).
• Entering any portion of the reserve where a notice prohibits admittance (reg 18(a)).
• Taking a vehicle or riding a horse into any portion except portions specially provided (reg 18(b)).
• Camping on a reserve without lawful authority (reg 19).
• Playing cricket, football or any game or athletic sports except in portions set apart by the trustees (reg 20).
• Holding or taking part in any public assembly or meeting, or preaching at or addressing such assembly, without the trustees’ written permission (reg 21).
• Erecting tents, booths, stalls, posts or poles without the trustees’ written consent (reg 22).
• Offering any article for sale without the trustees’ written consent (reg 23).
• Grazing stock (horses, cattle, sheep, goats, pigs, camels, etc.) without the trustees’ written consent (reg 24).
• Refusing or failing to give a real name or place of abode when required by a police officer or authorised person under reg 25(2).

Enforcement mechanisms. Enforcement is not limited to prosecution and fine. Regulation 15 gives trustees and their servants the power to remove from the reserve any person who is intoxicated, behaves in an offensive, abusive or indecent manner, or uses indecent, profane, obscene or insulting language. This is a summary removal power without the need for a charge or court order. It operates as a civil enforcement tool, distinct from the criminal offences.

Regulation 25 provides a further enforcement tool: a police officer or a person authorised in writing by the trustees may require any person “reasonably suspected of having committed or being about to commit an offence” to give his full name and place of abode. The requirement does not depend on an arrest or formal charge. Refusal is itself an offence. This power extends to suspicion of an imminent offence, giving a preventive dimension.

Burden of proof. As noted, several offences place the burden of proving a lawful excuse, authority or permission on the defendant. This is significant for enforcement because the prosecution need only prove the conduct; the defendant then bears the onus of establishing a defence. This could be challenged under the common law presumption of innocence, but the Regulations have not been amended to remove these reverse-onus clauses.

Practical enforcement constraints. The $20 penalty cap makes prosecution uneconomic for most breaches. In practice, enforcement is likely limited to verbal warnings, removal under reg 15, or denial of permission for future use. The power to demand identification (reg 25) may be used to deter unlawful behaviour even without prosecution.

These Regulations are subordinate legislation made under the Crown Lands Ordinance 1931-1935, which later became regulations under the Crown Lands Act 1992 (as indicated in the header). The parent Act governs the reservation and management of Crown land generally. The Regulations operate within that broader statutory framework. They do not repeal or override the Ordinance or Act; they supplement it by providing specific rules for recreation reserves.

Crown Lands Act 1992 (NT). The parent Act sets out the Minister’s powers to reserve land for public purposes and to appoint trustees. Section 103C of the Ordinance (now likely replaced by equivalent provisions in the Act) provides the authority to appoint trustees. The Regulations fill in the operational details: meetings, accounts, reporting, and the public conduct rules. Any conflict between the Regulations and the Act would normally see the Act prevail.

The Commonwealth. Regulation 16(a) refers to “any property of the Commonwealth or the trustees in a reserve”. This indicates that the Regulations implicitly recognise that Commonwealth-owned property may be located on a reserve (for example, telecommunications infrastructure, defence facilities, or post offices). The Regulations make it a separate offence to interfere with Commonwealth property, though enforcement under these Regulations would be by the NT. There may be jurisdictional issues if Commonwealth property is involved, but the Regulations do not attempt to resolve them.

Police powers and criminal law. The Regulations do not displace general criminal laws. For example, assault, theft or drug offences in a reserve would be dealt with under the NT Criminal Code or Summary Offences Act. The Regulations add specific offences that supplement general law: for instance, damaging a tree may also constitute criminal damage under the Criminal Code, but the Regulations provide a lower threshold offence (reverse onus, low penalty). The removal power under reg 15 overlaps with police powers to remove intoxicated persons from public places under the Liquor Act or Summary Offences Act. The Regulations do not purport to limit those powers.

Local government by-laws. Many recreation reserves in the NT are managed by local councils or by boards of trustees. Local government may also have by-laws applying to parks and reserves. Where a reserve is Crown land under the Regulations, the Regulations apply as a Territory-wide scheme. Local by-laws that are inconsistent with the Regulations would likely be invalid to the extent of the inconsistency. However, the Regulations are relatively minimal and leave room for local rules on matters such as specific park rules, hours of operation (consistent with the 28-day closure cap), and designated game areas.

Land use and planning legislation. The creation of a reserve under the Crown Lands Act is a land-use decision. Once reserved, the land may not be used for other purposes without revocation or amendment. The Regulations do not address planning controls; they assume the land is already reserved. Any development on a reserve would require consent from the Administrator under reg 11, which may interact with the NT Planning Act and development approvals.

Freedom of speech and assembly. Regulation 21 prohibits any public assembly or meeting (including preaching or addressing such an assembly) without the trustees’ written permission. This is a significant limitation on freedom of speech and assembly. It applies to all “public assembly or meeting of any kind”, which could capture political rallies, religious gatherings, sporting crowds, or community consultations. The requirement for written permission is a prior restraint. The Regulations do not provide criteria for granting or refusing permission; it is entirely discretionary. This interacts with the implied constitutional freedom of political communication, which may limit the application of reg 21 to political assemblies on public land. Trustees must be aware that outright prohibition of political gatherings on public reserves could be challenged.

Racial Discrimination Act 1975 (Cth) and other anti-discrimination laws. The Regulations contain no specific non-discrimination provisions. The trustees’ discretion to grant permits for meetings, sales, erections or grazing must be exercised without discrimination on grounds such as race, sex or religion, or it may contravene Commonwealth or NT anti-discrimination laws.

The Regulations were originally made in 1938 and notified in the Commonwealth Gazette on 21 April 1938, commencing on that date. They were made under the Crown Lands Ordinance 1931-1935, a pre-self-government Northern Territory ordinance. The text provided is as in force at 1 October 1985.

First amendments (1965). Two sets of amendments occurred in 1965. Amendment SL No. 5 of 1965 (notified 12 May 1965) and Amendment SL No. 10 of 1965 (notified 23 June 1965) both amended regulation 7. The endnotes show that regulation 7 was amended by No. 5, 1965 and later by Act No. 87, 1973. The precise content of the 1965 amendments is not specified, but they relate to “Expenditure on improvements” - likely adjusting financial reporting requirements or expenditure limits.

Ordinances Revision Ordinance 1973 (Act No. 87, 1973). This Act, assented to 11 December 1973, made formal amendments to several regulations. According to the endnotes, regulations 3 and 4 (meetings of trustees and affixing of seal) were amended by s 11 of Act No. 87, 1973. Regulation 7 was further amended by the same Act (in addition to the 1965 amendments). Regulation 8 (closing of reserve) was also amended by Act No. 87, 1973, s 11. Regulation 26 (penalty) was amended by the same Act, likely to update the penalty amount from an earlier figure (possibly pounds or shillings) to $20 following decimalisation.

Statute Law Revision Act 1985 (Act No. 49, 1985). This Act, assented to 1 October 1985, amended regulation 2 (definitions) by s 3(6). The nature of the amendment is not detailed, but formal amendments of this kind often update references, change terminology (e.g., “Ordinance” to “Act” or similar) or correct errors.

Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018). This later Act made general amendments of a formal nature to regulation 1 (citation). The endnotes note that these amendments are not referred to in the table of amendments to the reprint. This means the reprint as at 1 October 1985 does not include the 2018 changes. The 2018 amendment would have updated the citation to reflect current drafting standards.

Historical context. The Regulations have survived multiple changes to the parent legislation: from the Crown Lands Ordinance 1931-1935 to the Crown Lands Act 1992. Despite the header saying “Regulations under the Crown Lands Act 1992”, the definitions in reg 2 still refer to “the Ordinance meaning the Crown Lands Ordinance 1931-1935”. This suggests that the Regulations have not been comprehensively updated to reflect the new Act. This creates potential uncertainty: are appointments made under s 103C of the Ordinance still valid after the repeal of that Ordinance? Later legislation may have saved the Regulations and continued appointments.

The penalty of $20 has not been increased since at least 1973 (the date of the last amendment to reg 26 shown). This failure to update the penalty cap over decades makes the offence provisions largely symbolic.

The source text provides no information about litigation history. The Regulations are subordinate legislation with a maximum penalty of $20, making them unlikely to generate reported appellate decisions. However, based on the provisions, several potential areas of litigation can be identified, though no specific cases can be cited.

Reverse onus provisions. The five regulations that place the burden of proof on the defendant (regs 16-19, 21-24) could have been challenged as inconsistent with the common law presumption of innocence. In Australia, courts have accepted reverse onus provisions in regulatory offences where the burden is evidential only or where the penalty is minor. Given the trivial $20 penalty, a challenge would likely fail, but no known case is recorded.

Freedom of political communication. Regulation 21 prohibits any public assembly or meeting without the trustees’ permission. If applied to a political rally on a reserve, this could be challenged under the implied constitutional freedom of political communication (implied from the text and structure of the Commonwealth Constitution). Courts have held that laws burdening political communication must be justified. A blanket prohibition on all meetings without criteria for granting permission may be difficult to justify. However, the NT Magistrates Court or Supreme Court would hear such a challenge; no reported decision is known.

Removal power. Regulation 15 allows removal of persons who are intoxicated or behave offensively. This power could be challenged as ultra vires the parent Act or as an unreasonable exercise of discretion. The term “offensive” is subjective and could be applied arbitrarily. Again, no litigation is recorded.

Exclusive use and exclusion. Regulation 9(2) allows trustees to grant exclusive use and charge for admission. If a member of the public is excluded from a reserve on a closed day, they could argue that the Regulations do not give the trustees power to exclude for arbitrary reasons on closed days, only to charge for admission. The distinction between excluding non-payers and excluding others is not explicit. A dispute could arise, but no case law is available.

Enforcement of permits. A person granted written permission under regs 21-24 could sue for breach of contract or injunction if trustees revoke permission without cause, but the Regulations do not create contractual rights. The exclusive use right under reg 9(2) is granted “on such terms as the trustees think fit”, which suggests a contractual relationship. Disputes over those terms could be litigated, but no known cases.

Administrator’s discretion. The Administrator’s powers to approve charges (reg 9), direct fences (reg 10), and consent to buildings (reg 11) are discretionary with no stated criteria. A challenge on administrative law grounds (e.g., unreasonableness, failure to consider relevant matters) is theoretically possible, though the low stakes make it unlikely.

In summary, the Regulations have likely generated very little litigation because the penalty is negligible and the typical enforcement action is removal rather than prosecution. The reverse onus and meeting prohibition are the most legally contestable provisions, but no reported cases exist in the source.

Several features of these Regulations could catch both trustees and members of the public off guard.

Reverse onus of proof. As noted, many offence provisions place the burden on the defendant to prove a lawful excuse, lawful authority, or written permission. For example, a person charged with camping on a reserve under reg 19 must prove “lawful authority (proof whereof shall lie upon him)”. This means the defendant must adduce evidence of permission or legal right, rather than the prosecution having to prove absence of permission. In practice, a person who has no written authority is effectively guilty once the prosecution proves they were camping. This is a trap for those who assume they have a right to camp on Crown land.

Meaning of “reserve”. The definition in reg 2 is broad: “any lands reserved for the recreation or amusement of the public or for any other public purpose”. This could include not just parks but also showgrounds, roadside stops, recreation lakes, or even certain reserves set aside for environmental purposes under the “any other public purpose” limb. A person may inadvertently enter land that is reserved and be subject to the prohibitions. The Regulations do not require that the land be fenced or signed (though reg 18 refers to posted notices prohibiting admittance).

Closure by trustees: 28-day cap and consecutive day limit. Regulation 8 provides that trustees may close the reserve for no more than 28 days in any year and no more than three consecutive days. If trustees close the reserve for four consecutive days, the closure would be invalid from day four. Trustees who over-close may be acting ultra vires. Members of the public could argue that the reserve must be open on the fourth day, or that any admission charge imposed on that day is unlawful.

Charging for admission only on closed days. Trustees cannot charge the public for entry on days when the reserve is open. The power to charge is limited to days or portions of days when the reserve is not open to the public (reg 9). A trustee who attempts to charge an entry fee on a day the reserve is open (even if it is busy or expensive to maintain) exceeds the power.

Exclusive use does not mean public closure. The exclusive use right under reg 9(2) exists only on days when the reserve is not open to the public. A person granted exclusive use cannot exclude the public on a day the reserve is open. The exclusive user’s right is co-extensive with closure. If trustees grant exclusive use on an open day without first closing the reserve, the exclusive user may not be able to exclude the public.

“Servant of the trustee”. Regulation 15 refers to “any trustee of a reserve or any servant of the trustee thereof”. The term “servant” is archaic and would now be read as employee or agent. Trustees should ensure that any person they authorise to remove offensive persons is properly appointed and given clear instructions. The term does not include volunteers unless they are engaged as servants or agents.

Gazette publication requirement. For trustees to close the reserve, they must publish a notice in the Gazette (reg 8(b)). Publishing in a local newspaper is insufficient. The same applies to the Administrator’s closure. If the notice is not gazetted, the closure is invalid, and the reserve remains open. Trustees may be unaware of this requirement.

Dog leash requirement. Regulation 17(d) makes it an offence to bring a dog into a reserve unless the dog is “held by a chain or cord”. Note that it does not require the dog to be under control, only that it is physically held by a chain or cord. A dog held by a chain that is not attached to a collar might arguably not satisfy the requirement. Also, the regulation does not apply to service dogs or police dogs.

Prohibition on “any game”. Regulation 20 prohibits “any game of cricket or football or any other game or athletic sports” except in portions set apart by trustees. This is broad enough to cover frisbee, tag, soccer, and even children’s games. Technically, a child kicking a ball in an undesignated area could be charged. The trustees may set apart portions for games and impose conditions (e.g., times, age limits). The public must check whether the area they are using is designated for games.

Permission must be in writing. Several regulations require the permission to be “in writing” (regs 11, 21, 22, 23, 24). Oral permission is not enough. A person who obtains verbal consent from a trustee but no written document is still committing an offence. The Regulations also place the burden of proof on the defendant for these permissions, so a person claiming consent must produce the writing.

No grandfathering for existing uses. The Regulations apply equally to all persons. A person who has been grazing stock on a reserve for years without consent is still committing an offence. There is no provision for existing use rights.

Penalty cap is a maximum, not a fixed penalty. The $20 is a maximum; the court can impose a lower penalty. But note that $20 may have been increased by later amendments not reflected in this version. Always check the current penalty.

Compliance with these Regulations depends on whether one is a trustee or a member of the public.

For trustees:

• Hold meetings at least once every four months (reg 3). Keep minutes and ensure at least two trustees are present for quorum unless otherwise determined. Regulate proceedings as you think fit.
• For any instrument requiring the corporate seal, pass a resolution and ensure at least two trustees sign the instrument in the presence of each other (reg 4).
• Report to the Minister as directed (reg 5). The Minister may specify matters to be reported. Respond promptly.
• Keep proper books of account showing all revenue and expenditure relating to the reserve (reg 6). Allow inspection and audit by any person authorised by the Administrator. Do not obstruct audits.
• Expend such sums as necessary on improvements and building maintenance, and ensure that within one month after 30 June each year you furnish to the Minister an audited statement of receipts and expenditure for that financial year (reg 7(2)).
• Erect fences as directed by the Administrator after consultation (reg 10).
• Do not erect any building or make structural alterations without the Administrator’s written consent (reg 11). Obtain it before any construction.
• Keep all buildings, erections, fixtures, fences and other improvements in good and tenantable repair (reg 12). Budget for ongoing maintenance.
• Keep the reserve clean, tidy, and free from debris, dry herbage, rubbish and unsightly matter (reg 13). Arrange regular cleaning.
• If you wish to close the reserve, publish a notice in the Gazette (reg 8). Do not close for more than 28 days in any year or more than three consecutive days. Keep records of closures.
• To charge admission, obtain the Administrator’s approval first (reg 9(1)). Admission charges are only permitted on days when the reserve is not open to the public.
• When granting exclusive use to a person for a meeting, do so in writing and specify terms (reg 9(2)). Ensure the exclusive use occurs only on days when the reserve is not open to the public. Ensure the person obtains Administrator approval for any admission charge they intend to levy.
• If you intend to authorise any person (including police) to demand names and addresses, issue a written authorisation specifying the person and the reserve (reg 25).
• When removing a person under reg 15, act only if the person is intoxicated, behaves offensively/abusively/indecently, or uses indecent/profane/obscene/insulting language. Use only reasonable force to remove. Document the incident.
• When setting apart portions of the reserve for games (reg 20), clearly signpost those areas and state any conditions (e.g., times, age limits, booking requirements).
• When deciding whether to grant written permissions for meetings, erections, sales, or grazing (regs 21-24), document the decision-making process to avoid claims of bias or discrimination. Consider whether the activity is compatible with the public purpose of the reserve and with other users.

For members of the public:

• Only enter the reserve on days when it is open. Check the Gazette for closure notices.
• If the reserve is not open and you wish to enter, pay any admission charge that has been approved by the Administrator (reg 9). If you are granted exclusive use by the trustees, you may enter and use the reserve on the terms granted.
• Do not damage or interfere with any tree, shrub, flower, plant, grass, notice, seat, gate, fence, building, or any property of the Commonwealth or trustees (reg 16). Do not carve names or affix bills to any structure.
• Only light fires in places specially provided by the trustees (reg 17(a)). Do not leave litter, fruit peel, waste food or refuse except in bins provided (reg 17(b)).
• Do not play any musical instrument, discharge firearms or fireworks without lawful authority (reg 17(c)).
• Keep any dog on a chain or cord at all times while in the reserve (reg 17(d)).
• Do not enter any portion of the reserve where a notice prohibits admittance (reg 18(a)). Do not take a vehicle or ride a horse in areas not specially provided (reg 18(b)).
• Do not camp on the reserve without lawful authority (reg 19).
• Only play cricket, football or any other game in portions set apart by trustees. Comply with any conditions imposed (reg 20). If uncertain where those areas are, ask the trustees.
• Do not hold or take part in any public assembly or meeting, including preaching or addressing such an assembly, without the trustees’ written permission (reg 21). If in doubt, apply for permission in writing before the event.
• Do not erect tents, booths, stalls, posts or poles without the trustees’ written consent (reg 22). Obtain consent in advance.
• Do not offer any article for sale without the trustees’ written consent (reg 23). This covers commercial vending, not incidental sharing.
• Do not allow any horse, cattle, sheep, goat, pig, camel or other listed animal to graze in the reserve without the trustees’ written consent (reg 24). Note that mere entry by stock may be permitted if they are not allowed to graze, but it is safer to confine stock to vehicles or designated loading areas.
• If asked by a police officer or a person authorised in writing by the trustees, provide your full name and place of abode (reg 25). Do not give false information.
• If you are intoxicated, behave offensively, or use indecent language, you may be removed from the reserve without warning (reg 15). Avoid such conduct.

For persons granted exclusive use (event organisers):

• Ensure the exclusive use period falls on days when the reserve is closed to the public (reg 8 and reg 9(2)).
• Agree terms in writing with the trustees.
• If you wish to charge admission, obtain the Administrator’s approval before doing so (reg 9(2)).
• You may exclude any person who does not pay the admission charge. However, you cannot exclude persons who are not required to pay (e.g., if you choose not to charge certain categories). Ensure compliance with anti-discrimination laws.
• Comply with all other Regulations while on the reserve, including the prohibitions on fire, litter, and damage.