The regulations are explicitly framed to operate alongside, and not to displace, certain other statutes. Cross‑references and declared authorised persons under other Acts create a network of interaction. The regulations both import definitions from other Acts and preserve the effect of other statutory powers.
Preservation of other statutory authority
- Regulation 7: authorisation under another written law. The regulations provide that a person who has authority under any other written law to do something contrary to these regulations does not commit an offence under these regulations when doing that thing. That is a statutory non‑derogation clause that preserves the operation of other Acts where they confer authorisation that may otherwise conflict with the regulations.
Authorised persons by reference to other Acts
- Regulation 4(2) lists numerous officers authorised under other statutes who are to be treated as authorised persons under these regulations, "for all regulated land within the area in which he or she may exercise functions under the Act referred to in the relevant paragraph": section 4(2)(d)-(l) references the Land Administration Act 1997 (ss 34(1), 139(2)), Conservation and Land Management Act 1984 (s 102), Bush Fires Act 1954 (Chief/Deputy Chief Bush Fire Control Officer), Caravan Parks and Camping Grounds Act 1995, Control of Vehicles (Off‑road Areas) Act 1978, Dog Act 1976, Local Government (Miscellaneous Provisions) Act 1960 Part XX (rangers), Litter Act 1979, and Local Government Act 1995 s 3.39. This turns officers performing functions under those Acts into authorised persons on regulated land, subject to the geographical reach of their enabling statute.
Cross‑referenced definitions
- Several definitions are imported by reference. Regulation 2 adopts "road" and "vehicle" as defined in the Road Traffic (Administration) Act 2008 section 4. Regulation 13(6) takes "fish" and "fishing" from the Fish Resources Management Act 1994. Regulation 10(8) defines "emergency vehicle" by reference to functions under the Fire and Emergency Services Act 1998 (FES activities). Regulation 17(3) references the Street Collections (Regulation) Act 1940 for collections. These cross‑references mean that applicable definitions and, in some cases, procedural frameworks, are those under the named Acts.
Operational overlaps and implied coexistence
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Authorised functions under other Acts remain effective. Because many roles originate from separate statutory regimes, authorised persons may exercise powers under their parent Acts on regulated land and also exercise functions under these regulations. The text does not expressly subordinate one set of powers to the other; instead it recognises and slots those officers into the universe of authorised persons (regulation 4(2), regulation 7). This suggests layered jurisdiction that requires inter‑agency coordination in practice.
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Rights of public navigation preserved. Regulation 21(5) states that nothing in the regulations affects any public right of navigation over tidal water. That preserves common law or statutory navigation rights, limiting the regulations' capacity to exclude navigation where such public rights exist.
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Permits under other Acts required for some conduct. Collecting money is prohibited unless made in accordance with a permit issued under the Street Collections (Regulation) Act 1940 (regulation 17(3)), and fishing remains subject to the Fish Resources Management Act definitions and likely its licence and bag‑limit framework (regulation 13(6)). The regulations therefore sit alongside regulatory regimes that continue to regulate particular activities.
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Emergency services exceptions. Regulation 10(7)-(8) allows emergency vehicle operation contrary to vehicle rules when expedient and safe, referencing urgent police duties and FES activities. That creates an operational exception for emergency responses.
Limits and gaps in interaction set out in the text
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No procedural enforcement machinery in the regulations. The instrument lists fines but does not itself set out the court or infringement notice processes for how fines are imposed and recovered; those processes sit in general prosecutorial or administrative law frameworks beyond the text.
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No hierarchy among authorised persons is specified. When multiple authorised persons from different Acts are present, the regulations confer the ability to act on each but do not establish a protocol for conflicts, leaving coordination to practice or other governing instruments.
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Definitions and scope determined by other Acts. Because the regulations borrow definitions and identify authorised persons under other Acts, users must consult those Acts for the full legal picture. The regulations explicitly require cross‑reading of the Road Traffic (Administration) Act, Fish Resources Management Act, Fire and Emergency Services Act and Street Collections Act where relevant.
In sum, the regulations are designed to operate as part of a mosaic of statutory regimes. They delegate enforcement functions to officers under other Acts, preserve existing statutory authorities, adopt key definitions from other Acts and require that certain activities obtain permits under other legislation. Compliance therefore requires attention to both these regulations and the referenced statutory instruments.