sec.23Approval requirement for driving or riding conditionally registered vehicles

sec.23 Approval requirement for driving or riding conditionally registered vehicles

A person must not drive or ride a conditionally registered vehicle in a State forest or timber reserve without the written approval of the chief executive. Maximum penalty—20 penalty units. The chief executive may give an approval mentioned in subsection (1) to a person only if — the chief executive considers the conditionally registered vehicle to which the approval applies is to be used by the person for any of the following purposes in a State forest or timber reserve— for an emergency or rescue activity; for enforcing a law of the State; for the management of the forest or reserve; for a commercial purpose under an authority under the Act ; for a commercial purpose under an authority under another Act to use land in the forest or reserve; using a vehicle to muster stock in a State forest or timber reserve under a permit to graze stock under the Land Act 1994 for supporting an organised event conducted under an organised event permit ; for providing a service to users of the forest or reserve; for the sole purpose of going directly through the forest or reserve to or from land outside the forest or reserve if— the person owns, occupies or is authorised to enter the land; and the chief executive considers the most direct and reasonable route to or from the land is through the forest or reserve; or the chief executive considers the conditionally registered vehicle to which the approval applies is to be used by the person because they are suffering from a permanent condition that is significantly restricting their mobility; or the conditionally registered vehicle to which the approval applies— is a side-by-side vehicle; and is to be driven by the person to participate for recreation in an activity— conducted under an organised event permit; and for which the vehicle is to operate in compliance with conditions stated for the code described as ‘LO6(A)’ under the conditional registration guideline under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . However, the chief executive must not give an approval for a purpose mentioned in subsection (2) (a) (iv) to (viii) , (b) or (c) if the chief executive considers the use of the conditionally registered vehicle to which the approval applies would be likely to— cause unreasonable damage to a State forest or timber reserve; or pose a serious risk to the health or safety of the public in a forest or reserve. For applying subsection (2)(b) , the chief executive may ask a person to give the chief executive a medical certificate or other document issued by a doctor to verify the nature of the person’s condition. In this section— conditionally registered vehicle means a vehicle that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . side-by-side vehicle means a motor vehicle— that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 as a utility off-road vehicle; and that has— 2 axles only; and a power-to-weight ratio of not more than 115kW per tonne. (sec.23-ssec.1) A person must not drive or ride a conditionally registered vehicle in a State forest or timber reserve without the written approval of the chief executive. Maximum penalty—20 penalty units. (sec.23-ssec.2) The chief executive may give an approval mentioned in subsection (1) to a person only if — the chief executive considers the conditionally registered vehicle to which the approval applies is to be used by the person for any of the following purposes in a State forest or timber reserve— for an emergency or rescue activity; for enforcing a law of the State; for the management of the forest or reserve; for a commercial purpose under an authority under the Act ; for a commercial purpose under an authority under another Act to use land in the forest or reserve; using a vehicle to muster stock in a State forest or timber reserve under a permit to graze stock under the Land Act 1994 for supporting an organised event conducted under an organised event permit ; for providing a service to users of the forest or reserve; for the sole purpose of going directly through the forest or reserve to or from land outside the forest or reserve if— the person owns, occupies or is authorised to enter the land; and the chief executive considers the most direct and reasonable route to or from the land is through the forest or reserve; or the chief executive considers the conditionally registered vehicle to which the approval applies is to be used by the person because they are suffering from a permanent condition that is significantly restricting their mobility; or the conditionally registered vehicle to which the approval applies— is a side-by-side vehicle; and is to be driven by the person to participate for recreation in an activity— conducted under an organised event permit; and for which the vehicle is to operate in compliance with conditions stated for the code described as ‘LO6(A)’ under the conditional registration guideline under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . (sec.23-ssec.3) However, the chief executive must not give an approval for a purpose mentioned in subsection (2) (a) (iv) to (viii) , (b) or (c) if the chief executive considers the use of the conditionally registered vehicle to which the approval applies would be likely to— cause unreasonable damage to a State forest or timber reserve; or pose a serious risk to the health or safety of the public in a forest or reserve. (sec.23-ssec.4) For applying subsection (2)(b) , the chief executive may ask a person to give the chief executive a medical certificate or other document issued by a doctor to verify the nature of the person’s condition. (sec.23-ssec.5) In this section— conditionally registered vehicle means a vehicle that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . side-by-side vehicle means a motor vehicle— that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 as a utility off-road vehicle; and that has— 2 axles only; and a power-to-weight ratio of not more than 115kW per tonne.