Land (Regulated Watercourse Land) Regulations 2021

Regulated land: The Regulations apply to "regulated watercourse land" subject to several explicit exclusions, such as national parks, metropolitan and regional parks and certain forest reserves (regulation 4, definition of regulated land). The regulated land manager is either Parks Victoria (for Parks Victoria recorded land) or otherwise the Secretary (regulation 4). These definitions determine who decides and who enforces.

Determinations and permits: The regulated land manager can make determinations setting aside areas where activities are permitted, restricted or prohibited and attach conditions to those determinations (regulation 8(1)). Where determinations set aside areas, the manager must erect or display signs or notices at or near the entrance indicating the area, the nature of the determination and any conditions (regulation 8(2)). Permits must be in writing and authorise entry or use for a specified purpose, period and subject to terms and conditions (regulation 10). Permit holders must comply with permit terms (regulation 11). Many specific prohibitions throughout the instrument are subject to these determinations and permits (see the schedule of regulations that reference determinations in regulation 8(3)).

Authorised officers: Authorised officers are empowered to give written directions to stop contraventions or to leave regulated land (regulation 12), to remove camping equipment or vehicles in specified contraventions (regulation 13), and to issue safety directions (regulation 14). Non‑compliance with those directions is an offence (regulation 15). There are procedural constraints: directions under regulation 12(1)(b) may include a prohibition on re‑entry for up to 24 hours (regulation 12(2)), and a direction must be considered necessary for prevention of continuing or further contraventions, or for care, protection or management of the regulated land (regulation 12(3)).

Behavioural rules: The Regulations enumerate prohibited acts and corresponding penalty levels. Examples include damaging vegetation (20 penalty units at regulation 20), knowingly bringing or planting vegetation (20 penalty units at regulation 21), interfering with livestock (20 and 10 penalty units at regulation 22), digging or removing soil, sand, gravel or rock (15 penalty units at regulation 23), behaving in a nuisance or dangerous manner (20 penalty units at regulation 24), moving structures (20 penalty units at regulation 25), failing to close a gate (10 penalty units at regulation 26) and erecting barriers or signs (10 penalty units at regulations 27 and 28). Many of these prohibitions are absolute unless a determination or permit authorises the conduct.

Camping and campfires: The Regulations treat camping and campfires as distinct regulated activities. The definition of camp is expansive and expressly includes a vehicle or vessel used as accommodation (regulation 4, definition of camp). For licensed regulated land, camping is allowed only in areas set aside by determination (regulation 37), subject to distance limits, occupancy time limits and potential permit requirements (regulation 38). Default separation distances and occupancy limits apply where the regulated land manager has not made a determination (eg, 20 metres from water and 200 metres from dwellings on licensed land, and 14 consecutive nights default on licensed land (regulation 38)). On unlicensed regulated land, the default maximum consecutive nights is 28 (regulation 43(3)). Campfire prohibitions apply to riparian management works (regulation 34), land being cultivated (regulation 39), and more generally, campfires on licensed land are permitted only in areas set aside for campfires under regulation 40, with scope to specify fuel types and appliances (regulation 40(3)). Notes record that the Forests (Fire Protection) Regulations 2014 and sections of the Forests Act 1958 continue to apply where the land is in a fire protected area (regulation 40 notes).

Exemptions and interactions: The Regulations exclude certain actors or activities from offences. Employees acting as servants or agents of the Crown, those acting under contract with the Crown, and authorised officers acting in the course of their duties are not subject to the Regulations except Part 2 (regulation 5). Licence, permit or consent holders acting under and in accordance with the terms of their instrument do not commit offences under the Regulations except for regulations 15 (non‑compliance with an authorised officer direction) and 17 (non‑compliance with closure) (regulation 6). Traditional owner group members acting under a traditional owner group agreement have an exemption from many regulations where the conduct is an agreed activity, subject to an express list of regulations that are not excused (regulation 7 and the list in regulation 7(2)).

Penalty unit framing: The Regulations use penalty units to set fines (see many penalty provisions). The endnotes state the penalty unit value for 2021-22 is $181.74 under the Monetary Units Act 2004; that figure should be used only as a temporal example and the Treasurer fixes subsequent years’ values (Endnotes, Penalty Units).

The Regulations identify multiple affected parties and differentiate their obligations and exemptions.

• Recreational visitors: Individuals using regulated land for recreation are the principal class regulated. They must observe prohibitions on damaging vegetation (regulation 20), planting vegetation (regulation 21), interfering with livestock (regulation 22), removing or bringing soil/gravel/rock (regulation 23), litter and waste removal duties (regulation 33), and campsite and campfire restrictions (Part 7 and Part 8). The definition of camp includes vehicles and vessels (regulation 4), so vehicle‑based camping falls squarely within the regulatory scope.

• Regulated land managers: The regulated land manager (Parks Victoria or the Secretary) makes determinations under the Regulations (regulation 8 and many downstream provisions), issues written permits (regulation 10), must publish Government Gazette notices for temporary closures (regulation 16(3)(a)) and erect signage for determinations (regulation 8(2)). The manager also decides on permit cancellations and must follow procedural steps before cancelling a commercial permit (regulation 30).

• Authorised officers: Officers with authorisation under the relevant administrative framework exercise on‑the‑ground enforcement powers, including issuing written directions to stop contraventions or leave (regulation 12), directing removal of camping equipment or vehicles in specified contraventions (regulation 13), and giving safety directions (regulation 14). They also enforce offences by issuing directions and, where necessary, taking steps under the Land Act or other instruments.

• Commercial operators and tour operators: Persons using regulated land for recreation who engage in commercial activity must do so under a permit from the regulated land manager or hold a tour operator licence (regulation 29). Permit cancellation procedures (regulation 30) impose both substantive and procedural obligations on commercial operators.

• Traditional owner groups and members: Where a traditional owner group entity has entered a traditional owner group agreement, members carrying out agreed activities in accordance with the agreement are exempt from most offences in the Regulations (regulation 7(1)), except for a list of specified regulations (regulation 7(2)). The Regulations also require the regulated land manager to give the relevant registered Aboriginal party written notice before making certain determinations to set aside camping areas on licensed land and to consider written submissions (regulation 37(5)-(6)).

• Crown servants and contractors: Regulation 5 excludes persons acting as servants or agents of the Crown, persons acting under contracts with the Crown, or those acting under the direction or with permission of Crown servants, from the operation of the Regulations (other than Part 2). Authorised officers acting in the course of their duties are also excluded (regulation 5).

• Licence and permit holders under other instruments: Persons acting under and in accordance with permits, authorisations, leases, licences or consents granted under any Act generally do not commit offences under these Regulations, except those specified in regulation 6(2) (regulation 6(1)-(2)). The two regulations listed are regulation 15 (offence not to comply with direction of authorised officer) and regulation 17 (offence not to comply with regulated land closure). That means holders of other statutory licences still must comply with authorised officer directions and closures.

Who pays: The immediate financial burden of breaches is the fine based on penalty units; for example, a 20 unit fine was valued at $181.74 per unit in 2021, making a 20‑unit offence $3,634.80 in that financial year (Endnotes, Penalty Units). Regulated land managers bear the administrative cost of determinations, signage and Gazette notices (regulations 8(2), 16(3)(a)(b)). Commercial operators bear permit application and compliance costs, and risk of cancellation under regulation 30.

Who decides: The regulated land manager decides on determinations and permit issuance (regulations 8, 10, 37, 41, 42). Authorised officers make frontline compliance decisions and can issue directions under regulations 12-14, subject to the requirement that a direction be necessary for prevention or management (regulation 12(3)). The Secretary or Parks Victoria have statutory discretion to set and enforce localised rules under the instrument.

Behaviour changes: The Regulations’ explicit prohibitions (vegetation, waste, campfires, camping distances and durations, and commercial use) are designed to alter visitor behaviour by turning many previously permissive acts into regulated acts requiring either spatial avoidance (areas set aside), compliance with conditions, or a written permit. The determinations framework converts general rules into fine‑tunable spatial rules, which shifts the decision‑making to the regulated land manager and creates perimeter and signage as primary compliance signals (regulation 8(2), regulation 16(3)(b)).

Duties imposed on land users and managers are both prescriptive and procedural. Rights are primarily permit‑related rights and the right to be heard in permit cancellation cases.

Primary duties on recreational users

• Comply with determinations and permit conditions: Persons entering areas set aside by determination must comply with any conditions in the determination (regulation 9). Permit holders must comply with permit terms (regulation 11).
• Respect vegetation and soil: Do not cut, pick, uproot or damage vegetation (regulation 20); do not knowingly bring vegetation onto regulated land and do not plant vegetation, subject to exceptions for firewood and manufactured wooden objects (regulation 21).
• Waste and hygiene duties: Do not leave faeces except in specified circumstances (regulation 31(1)); use portable toilets and dispose contents only in areas with toilet facilities (regulation 31(2)); do not use soap or detergent within distances specified by determination or 50 metres by default (regulation 32).
• Camping and campfire duties: Camp only where permitted by determination or permit; observe minimum distances from watercourses and dwellings and consecutive night limits as specified by determination or default (regulations 37-38 for licensed land; regulations 41-43 for unlicensed land). Do not light campfires where prohibited (regulations 34, 39-40, 44).
• General conduct: Do not act in a manner likely to be a nuisance or dangerous (regulation 24); do not move or interfere with structures, gates, barriers or signs (regulation 25); close any gate immediately after opening it (regulation 26); remove all waste and personal property before vacating the land (regulation 33).

Duties on the regulated land manager

• Make and display determinations and signs: If the manager sets aside an area, it must erect or display signs or notices indicating the area, the nature of the determination and conditions (regulation 8(2)). For temporary closures the manager must publish in the Government Gazette and, as far as practicable, display notices (regulation 16(3)).
• Make determinations only where necessary: Temporary closures must be considered necessary because of risks to public safety (regulation 16(2)). Setting aside areas to restrict or prohibit access must be considered necessary for preservation of natural, cultural, water quality or biosecurity values, or for public safety (regulation 18(2)).
• Permit and cancellation procedure: The regulated land manager may issue permits (regulation 10), and must follow a notice and submission process before cancelling a commercial activity permit, including giving written notice, allowing at least 14 days for submissions, considering those submissions and notifying the holder within 7 days of cancellation (regulation 30(1)-(6)).

Rights created by the instrument

• Limited rights to enter and use subject to permit: A permit in writing confers the right to enter and use the specified area for the purpose and period described and subject to terms and conditions (regulation 10(1)-(2)). Those are the principal positive rights the instrument gives private parties.
• Procedural right to make submissions before a permit is cancelled: A permit holder whose permit is proposed to be cancelled under regulation 30 must be notified and given opportunity to make oral or written submissions within the period specified (which must not be less than 14 days) and the regulated land manager must consider any submissions (regulation 30(2)-(4)). The cancellation takes effect on notification to the holder (regulation 30(6)).

Constraints and non‑derogable rules

• Direction and closure obligations override other rights: Regulation 6 exempts persons acting in accordance with other statutory permits or licences from most offences under the Regulations, but retains regulation 15 (do not disobey an authorised officer) and regulation 17 (do not enter lands closed under regulation 16) as offences that still apply. That means even statutory permit holders must obey authorised officer directions and closure determinations.

Definitions that shape duties

• The definition of camp includes vehicles and vessels used for accommodation (regulation 4), which brings vehicular camping within the Regulations’ camping and campfire regime.
• Occupy includes having possessions on the land (regulation 4), which can be material for enforcement of camping prohibitions.

Documentary form requirements

• Permits must be in writing (regulation 10(2)). Directions to cease contravention or leave must be in writing (regulation 12(1)). The written formality creates documentary evidence but also procedural requirements for enforcement.

Sanctions for non‑compliance

• The instrument specifies fines in penalty units for each contravention. Non‑compliance with authorised officer directions attracts 20 penalty units (regulation 15) while other offences carry 5, 10, 15 or 20 units depending on seriousness (see regulations 9, 11, 17, 19, 20-28, 31-34, 38-40, 44).

Structure of enforcement powers

• Authorised officers exercise primary enforcement on the ground and may give written directions to cease contraventions or leave (regulation 12), direct removal of equipment or vehicles when camping contraventions occur (regulation 13), and issue safety directions (regulation 14). The directions must be in writing in the case of leaving under regulation 12(1), and non‑compliance is an offence (regulation 15).
• The regulated land manager determines restricted and prohibited areas by determination (regulations 8 and 18). Publication and signage duties exist to give public notice of closures and determinations (regulation 8(2), regulation 16(3)), which are central to enforceability: entering an area set aside as prohibited without a permit is an offence (regulation 19).

Penalties: quantum and examples

• The Regulations fix penalty units rather than dollar amounts. The endnotes provide the penalty unit value for 2021-22 as $181.74. Using that 2021 value, the monetary equivalents are:
  • 20 penalty units = $3,634.80 (for example, regulation 15 for non‑compliance with an authorised officer direction; regulation 20 for damaging vegetation; regulation 24 for nuisance or dangerous behaviour; regulation 34 for campfires on riparian management works; regulation 39 for campfires on land being cultivated; regulations 40(1) and 44(1) for unlawful campfires).
  • 15 penalty units = $2,726.10 (for digging or cutting soil/sand/gravel/rock, regulations 23(1)-(2)).
  • 10 penalty units = $1,817.40 (per 2021 figure) for many offences including failing to close a gate (regulation 26), entering a prohibited access area (regulation 19), camping in unauthorised areas under various regulations (regulations 37(1), 41(1), etc.), and failing to comply with conditions of determinations and permits (regulations 9 and 11).
  • 5 penalty units = $908.70 (2021 figure) for disposing of soap or detergent within prohibited distances (regulation 32).
• The endnotes caution that the Treasurer fixes future values and that amounts may be rounded to the nearest dollar (Endnotes, Penalty Units). Practitioners should check the current penalty unit value when calculating fines.

Procedural enforcement features

• Written directions: Regulations require written directions for some enforcement acts (regulation 12(1)). That produces evidence but also establishes procedural form for authorised officers.
• Short‑term removal and re‑entry limits: Directions to leave may include a prohibition against re‑entry for up to 24 hours (regulation 12(2)). This is a time‑limited exclusion rather than a long‑term ban, subject to further action if necessary.
• Specific removal powers: Where contraventions relate to camping or vehicle occupancy, authorised officers can direct dismantling and removal, or vehicle removal, under regulation 13(1), where the contravention is one of a specified list of camping offences (regulation 13(2) references various camping rules).
• Temporary closures and revocation: Temporary closures for hazards must be published in the Government Gazette and posted where practicable (regulation 16(3)), are limited to 14 days unless revoked earlier (regulation 16(4)-(5)), and must be revoked when the risk no longer applies (regulation 16(5)). Failure to comply with a closure is an offence carrying 20 penalty units (regulation 17).
• Cancellation of permits: The regulated land manager may cancel a commercial activity permit on specified grounds (regulation 30(1)), but must notify the holder, allow at least 14 days for submissions, consider submissions, and notify of cancellation within 7 days (regulation 30(2)-(6)). Cancellation takes effect on notification (regulation 30(6)). These procedural steps provide limited procedural protection to permit holders.

Limits on enforcement

• Applicability exceptions: Regulation 5 exempts Crown servants, contractors to the Crown and authorised officers themselves (where acting in duties) from the Regulations other than Part 2, so enforcement cannot be used to restrain authorised conduct by those persons under the instrument. Regulation 6 protects persons acting under other statutory permits from committing offences under these Regulations while acting in accordance with their permit, but still requires compliance with closure and authorised officer directions (regulation 6(2) lists regulations 15 and 17).
• Necessity threshold for directions: An authorised officer must satisfy a necessity test before issuing a direction under regulation 12(1), namely to prevent continuing contravention, avoid further contravention, or for care, protection or management of the land (regulation 12(3)). That provides a statutory reason requirement shaping the exercise of on‑the‑spot enforcement.

Transparency and notice obligations

• Signage and Gazette publication are the main notice mechanisms: determinations setting aside areas require signs at or near entrances indicating the area and the nature of the determination and conditions (regulation 8(2)). Temporary closures must be published in the Government Gazette and displayed where practicable (regulation 16(3)). These obligations create the evidentiary and fairness baseline for enforcement actions.

Enforcement risk and discretion

• Many powers are discretionary: the regulated land manager may make determinations (regulation 8(1)), issue or cancel permits (regulations 10 and 30), and set spatial rules (regulations 37, 40, 41, 42, 44). Authorised officers have discretion to issue directions, remove equipment, or close areas. The instrument contains procedural checks, but the exercise of discretion will materially shape enforcement outcomes on the ground.

Authorising Act and cross‑references

• The Regulations are made under section 413 of the Land Act 1958 (regulation 2). The Land Act and Part XII definitions are relevant because the Regulations define watercourse with the same meaning as in Part XII of the Land Act (regulation 4). Practitioners must therefore read the Regulations in the context of the Land Act 1958 for definitions and delegation of land management powers.

Interaction with traditional owner arrangements

• The Regulations adopt the concepts of agreed activity and traditional owner group from the Traditional Owner Settlement Act 2010 and create specific exemptions where a traditional owner group entity has a traditional owner group agreement. Regulation 7 provides that if a traditional owner group entity has entered an agreement, many regulations (except a listed subset) do not apply to members of that group when carrying out agreed activities in accordance with the agreement. That mechanism creates an interlocking relationship between negotiated traditional owner land use agreements and the Regulations.

Interaction with Aboriginal heritage process

• Regulation 37 requires the regulated land manager to give the relevant registered Aboriginal party written notice of proposed determinations to set aside camping areas on licensed regulated land and to consider submissions before making the determination; the term registered Aboriginal party is defined by reference to the Aboriginal Heritage Act 2006. That creates a statutory procedural link to Aboriginal heritage governance.

Overlap with other environmental and fire laws

• The Regulations expressly note that Forests (Fire Protection) Regulations 2014 apply to regulated land that is in a fire protected area and that sections 66A-66C of the Forests Act 1958 contain offences relating to campfires and barbecues that apply where relevant (regulation 40 notes and regulation 40(3) cross reference). The definition of Parks Victoria recorded land refers to the Conservation, Forests and Lands Act 1987. The Mineral Resources (Sustainable Development) Act 1990 is referenced for miner's rights and tourist fossicking authorities, with specific exceptions carved into regulation 23(3) for those activities.

Permits and other statutory licences

• Regulation 6 protects persons acting under and in accordance with the terms of permits, authorisations, leases, licences or consents granted under any Act from committing offences under these Regulations (subject to regulations 15 and 17). This means that other statutory regulatory regimes (such as mining permits, forestry licences or lease instruments) may authorise activity that would otherwise be an offence under these Regulations. However, holders of other instruments still must obey authorised officer directions and land closures under regulations 15 and 17.

Procedural overlay for cancellations

• The cancellation of a permit under regulation 30 requires notice and an opportunity to make submissions, but the Regulations do not specify an internal merits review or external appeal mechanism. That means affected permit holders should look to the parent Act or other administrative law remedies (judicial review under general administrative law) for relief. The instrument itself establishes a minimum procedural standard for cancellation (notification and at least 14 days to make submissions).

Exclusions and exceptions

• The Regulations carve out specific land categories from the definition of regulated land (regulation 4), including national park land administered under the National Parks Act 1975, State Wildlife Reserves under the Wildlife Act 1975, forest parks and regional parks under the Crown Land (Reserves) Act 1978, and certain forest reserves. Where land falls into one of those excluded categories, these Regulations do not apply, but the excluded land will be governed by the statutory regime relevant to that land (for example, National Parks Act or Wildlife Act instruments).

Consistency with Commonwealth law

• The Regulations adopt Commonwealth‑defined concepts such as "assistance animal" from the Disability Discrimination Act 1992 for the purposes of defining what an animal does not include in regulation 36(3). They also adopt the Equal Opportunity Act 2010 definition for "dog" not including assistance dogs. Those cross‑references integrate certain Commonwealth or other state instruments into the operation of these Regulations.

Administrative law and evidence

• The requirement that a direction be in writing in some circumstances (regulation 12(1)) and that permits be in writing (regulation 10(2)) creates documentary evidence that will be relevant to enforcement, challenges and review. Gazette publication requirements for temporary closures (regulation 16(3)(a)) and signage obligations for determinations (regulation 8(2)) similarly provide statutory notice mechanisms that affect whether an enforcement action is sustainable.

The Regulations are version number 001, made on 31 August 2021 and commenced 1 September 2021 (regulation 3; Endnotes, General information). The Series of endnotes in the published text records:

• There are no amendments made to the Regulations by subsequent statutory rules, subordinate instruments or Acts as of the version in the source (Endnotes, Table of Amendments).
• The Regulations will sunset 10 years after their making on 31 August 2031 under section 5 of the Subordinate Legislation Act 1994 (Endnotes, General information). That sunset date is embedded in the endnotes and thus should be treated as part of the legal lifecycle: renewal or replacement will be required before that date to continue the instrument in force.
• The Explanatory details identify technical antecedents for some definitions and cross‑references (for example, the regulated land definition, and the historical references to earlier statutory rules for the Wildlife game regulations and the Forests Recreation regulations). Those notes provide tracing for particular subordinate instruments but record no substantive amendments to this statutory rule itself (Endnotes, Explanatory details).

Practitioner implications

• Because the instrument is newly made and unamended at this version, case law and interpretive history specific to these Regulations is likely to be sparse (see Litigation history below). Any future amendments or ministerial determinations could materially change default rules (for example, default camping distances and occupancy limits are often altered by determinations under regulation 38(4) and regulation 43(4)). The fixed sunset date creates an administrative horizon for potential legislative review or replacement.

The text supplied contains no recorded litigation history. The endnotes do not list any court decisions and do not identify statutory appeal mechanisms or reported cases construing or challenging the Regulations. Because the Regulations were made and commenced in late 2021, case law specifically interpreting them may be limited or absent at this version number (Endnotes, Table of Amendments and General information confirm the instrument’s recent origin).

Consequences for practitioners

• Absence of reported litigation in the source means that interpretation will rely on the plain text of the Regulations, their definitions, and interaction with the Land Act 1958 and other referenced statutes (Traditional Owner Settlement Act 2010, Aboriginal Heritage Act 2006, Forests Act 1958, Mineral Resources (Sustainable Development) Act 1990, Conservation, Forests and Lands Act 1987, etc.). Administrative decisions made by regulated land managers and decisions by authorised officers will generate factual patterns that may later be litigated.
• Where permits are cancelled under regulation 30, the instrument prescribes a procedural notice and submission opportunity. Challenges to cancellation decisions would likely be pursued via judicial review or other administrative law remedies in the absence of a specific review mechanism embedded in these Regulations. Practitioners advising affected parties should therefore consider remedies under general administrative law and the Land Act 1958 as applicable.

Indicative issues that could generate litigation

• Enforcement actions where signage or Gazette publication was inadequate (regulation 8(2) and regulation 16(3)) may prompt challenges on notice and fairness grounds.
• Cases turning on the scope of "camp" (definition in regulation 4) and whether a vehicle or vessel constitutes a camp might arise when authorised officers direct removal of vehicles under regulation 13.
• Disputes about the applicability of the traditional owner group exemptions under regulation 7, including whether an activity is an "agreed activity" under a traditional owner group agreement, could generate litigation or administrative review.
• Permit cancellation procedure sufficiency , whether the regulated land manager’s notice and consideration of submissions met the regulation 30 requirements , could be the focus of judicial review in individual cases.

Because the source contains no cases, practitioners must rely on textual analysis, adjacent statutory instruments and general administrative law principles to anticipate legal argumentation.

Definitions and breadth of "camp": The definition of camp expressly includes vehicles and vessels used for accommodation whether or not they are movable (regulation 4). A vehicle left on regulated land with possessions or used overnight can therefore be captured by camping rules, and authorised officers have power to direct removal (regulation 13). Practitioners should note that "occupy" includes having possessions on the land (regulation 4) which increases the risk that transient occupation becomes a contravention.

Determinative power concentrated in the regulated land manager: The regime repeatedly delegates spatial rule‑making to the regulated land manager through determinations (see regulation 8(1) and the long list of regulations in regulation 8(3)). Determinations can change default distances, occupancy limits and campfire permissions and may include conditions. While the Regulations require signage (regulation 8(2)) and some consultation with registered Aboriginal parties before certain determinations (regulation 37(5)-(6)), the determinations mechanism vests significant on‑the‑ground rule‑making power in the manager. Users should check for local determinations before assuming default rules apply.

Exemptions that are narrower than they appear: Regulation 6 gives statutory licence or permit holders a broad exemption from many offences when acting in accordance with their instrument, but it preserves regulation 15 (failure to comply with direction of authorised officer) and regulation 17 (failure to comply with closure) as offences that still apply. Practically, this means even statutory licence holders must obey directions to leave and must not enter during a temporary closure.

Traditional owner group carve‑outs have a specific exceptions list: Regulation 7 provides exemptions for members of traditional owner groups executing agreed activities under a traditional owner group agreement, but a defined list of regulations are expressly excluded from that exemption (regulation 7(2) lists 15 specific regulations). That creates a partial, not full, exemption and requires careful cross‑checking of which prohibitions remain in force for traditional owner group members.

Vegetation and plant introductions: Regulation 21(1) prohibits knowingly bringing vegetation onto regulated land and regulation 21(2) prohibits planting. There is an explicit exception for firewood and manufactured wooden objects (regulation 21(3)-(4)). Practitioners advising event organisers, packers or groups bringing plants or saplings for revegetation must be aware that planting is a blanket prohibition unless authorised by determination or permit.

Human waste rules are distance‑sensitive and conditional on determinations: Regulation 31 forbids leaving faeces except where deposited in municipal toilet facilities, in portable toilets at least 50 metres from water bodies, or buried at specified distances. If the regulated land manager makes a determination specifying a different minimum distance, that determination controls (regulation 31(1)(c)(i)-(ii) and 31(3)-(4)). Failure to verify whether a determination exists can lead visitors to rely on default distances that the local manager may have altered.

Different default camping time limits between licensed and unlicensed land: Licensed regulated land defaults to a maximum of 14 consecutive nights (regulation 38(3)(b) absent a determination), whereas unlicensed regulated land defaults to 28 consecutive nights (regulation 43(3)(b) absent a determination). This asymmetry is a common source of confusion and can have material consequences for long‑stay campers and operators offering stays or services.

Campfire complexity and overlap with other fire laws: Campfires are prohibited in riparian management works (regulation 34) and in cultivated licensed land (regulation 39). On licensed land campfires are allowed only in areas set aside (regulation 40(1)-(2)) and the manager may specify fuels and appliances (regulation 40(3)). However, Forests (Fire Protection) Regulations 2014 and sections of the Forests Act continue to apply where the land is in a fire protected area (regulation 40 notes), which may impose parallel or stricter requirements. Practitioners must check both instruments.

Permit formality and compliance: Permits must be in writing (regulation 10(2)). Non‑compliance with permit terms is an offence with a 10 penalty unit fine (regulation 11). Operators who rely on verbal permission risk contravening the permit rule.

Signage and Gazette publication are binding practical prerequisites: Determinations and temporary closures have explicit signage and Gazette publication steps to make them enforceable (regulation 8(2), regulation 16(3)). Failure to publish or sign appropriately could affect the legal standing of an enforcement action and provides a compliance checklist for regulated land managers and a potential defence for users.

Commercial activity cancellation procedure may be perfunctory if not carefully followed: Regulation 30 requires written notice and at least a 14‑day window for submissions before cancellation. If the regulated land manager fails to follow these steps, the holder may have grounds to challenge a cancellation. Practitioners should ensure procedural requirements are met.

Penalty unit variability: The monetary amount of penalties depends on the statutory penalty unit value fixed annually by the Treasurer (Endnotes). Calculations based on the 2021 figure ($181.74) are only illustrative. Practitioners must verify the current penalty unit value at the time of advising clients or calculating fines.

Checklist and practical steps for compliance on regulated land

1. Identify land status and manager:

   • Confirm whether the land is “regulated land” as defined in regulation 4 and whether it is licensed or unlicensed regulated land. Check exclusions (National Parks Act land, State Wildlife Reserves, forest parks, metropolitan and regional parks, some forest reserves).
   • Identify the regulated land manager: Parks Victoria for Parks Victoria recorded land; otherwise the Secretary (regulation 4). Contact the manager to obtain up‑to‑date determinations, closures and permit procedures.

2. Check determinations and signage:

   • Before visiting or organising activities, check whether the regulated land manager has made determinations setting aside areas (regulation 8(1) and regulation 8(3) list many regulations driven by determinations).
   • Look for signs at or near entrances indicating the area and conditions that apply (regulation 8(2)). For temporary closures expect Government Gazette notice and on‑site signs (regulation 16(3)(a)-(b)).

3. Obtain written permits where required:

   • If an activity is commercially oriented, obtain a permit from the regulated land manager or ensure you hold a tour operator licence (regulation 29(1)).
   • If camping in areas where a permit is required, obtain a written permit (regulations 37(2), 42(1)). Permits must be in writing (regulation 10(2)) and specify the purpose, period and any conditions (regulation 10(1)).

4. Observe camping and occupancy rules:

   • For licensed regulated land, camp only in areas set aside for camping under regulation 37 and observe distance limits from watercourses, dwellings and maximum consecutive nights set either by determination or default (regulation 38). Default: 20 metres from water; 200 metres from dwellings; 14 consecutive nights where no determination exists (regulation 38(1)-(3)).
   • For unlicensed regulated land, check whether camping is prohibited or permitted only by permit (regulations 41-42). Default: 20 metres from water; 200 metres from dwellings; 28 consecutive nights where no determination exists (regulation 43(1)-(3)). Do not camp on riparian management works on unlicensed land (regulation 43(5)).

5. Comply with campfire rules:

   • Do not light a campfire in areas containing riparian management works (regulation 34) or on cultivated licensed land (regulation 39).
   • On licensed regulated land, light campfires only in areas set aside for campfires by determination (regulation 40(1)-(2)); if a determination exists, observe specified fuel types and appliance requirements (regulation 40(3)). If the land is in a fire protected area consult the Forests (Fire Protection) Regulations 2014 and relevant sections of the Forests Act 1958 (regulation 40 notes).

6. Manage hygiene and waste:

   • Do not leave faeces; use provided toilet facilities or bury faeces at distances specified by determination or at least 100 metres from watercourses where no determination exists (regulation 31(1)(a), (c)(ii)). If using a portable toilet, ensure it is located 50 metres or more from water (regulation 31(1)(b)) and dispose of contents only in appropriate toilet facilities (regulation 31(2)).
   • Avoid using soap or detergent within distances specified by a determination or the default 50 metres from water features (regulation 32).
   • Clear all waste and personal property before leaving (regulation 33).

7. Avoid prohibited introductions and environmental damage:

   • Do not bring vegetation onto regulated land knowingly or plant on regulated land (regulation 21(1)-(2)), unless the material is firewood or a manufactured wooden object (regulation 21(3)-(4)).
   • Do not dig, remove or bring soil, sand, gravel or rock except where permitted for burying faeces in accordance with regulation 31 or under a miner’s right/tourist fossicking authority (regulation 23(3)).

8. Be prepared to comply with authorised officer directions:

   • Always comply with written directions to cease contravention or leave issued by an authorised officer (regulation 12(1) and regulation 15). Directions may prevent re‑entry for up to 24 hours (regulation 12(2)).
   • If directed to remove equipment or vehicles for camping contraventions, do so promptly (regulation 13(1)).

9. Maintain good order and respect structures:

   • Do not behave in a manner likely to be a nuisance or cause danger (regulation 24).
   • Do not move or interfere with structures, gates, signs or barriers, and always close a gate immediately after opening it (regulations 25 and 26).
   • Do not erect barriers or signs (regulations 27-28) without authorisation.

10. For commercial operators , maintain permit compliance and document submissions:

    • Ensure permits for commercial activities specify conditions and that you act consistently with them (regulation 29).
    • Be prepared to respond to proposed cancellation notices; the regulated land manager must give at least 14 days to make submissions and must consider submissions in deciding whether to cancel (regulation 30(2)-(4)). Keep records of compliance and communications to support any procedural defence.

11. For traditional owner groups , check agreement scope:

    • If operating under a traditional owner group agreement, identify whether the activity is an “agreed activity” for which specific Regulations are disapplied under regulation 7(1). Verify the list of regulations that are not excused (regulation 7(2)), and ensure activities are carried out strictly pursuant to the agreement and on applicable land.

12. Check cross‑applicable laws:

    • Verify whether other statutes or instruments apply (Forests Act, National Parks Act, Wildlife Act, Mineral Resources Act, Aboriginal Heritage Act). Where the land is governed by another Act or instrument, those regimes may permit or impose additional obligations; but remember that authorised officer directions and temporary closures under these Regulations still apply where relevant (regulations 15 and 17; regulation 6 preserves certain offences).

13. Keep up to date on penalty unit values:

    • When advising on fines or exposure, check the current monetary value of a penalty unit as fixed by the Treasurer under the Monetary Units Act 2004, because the endnotes record the 2021 value only for that financial year (Endnotes, Penalty Units).

Practical compliance record‑keeping

• Keep written permits and evidence of compliance with permit conditions on hand when conducting permitted activities (regulation 10(2), regulation 11).
• If making submissions or responding to a proposed permit cancellation, use the minimum 14‑day window required by regulation 30(3) and retain copies of all communications and submissions.
• Photograph or retain evidence of signage, determinations and any interactions with authorised officers (directions must be in writing for some measures; regulation 12(1)).

By working through the above checklist before and during activity on regulated land, a recreational user, commercial operator, or traditional owner group member will substantially reduce the risk of contravention under the Regulations and be better positioned to demonstrate compliance if enforcement follows.