Land (Regulated Watercourse Land) Regulations 2021
S.R. No. 109/2021
Version as at
1 September 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
Part 2—Application of Regulations 5
5 Application of Regulations to employees etc. 5
6 Application of Regulations to licence, etc holders 5
7 Application of Regulations to members of traditional owner groups 6
Part 3—Common provisions for determinations and permits 7
8 Determinations setting aside areas 7
9 Offence not to comply with conditions of determination setting aside area 8
10 Issuing of permits 8
11 Offence not to comply with terms and conditions of a permit 8
Part 4—Powers of authorised officers 9
12 Authorised officer may direct a person to cease contravention or leave regulated land 9
13 Authorised officer may direct a person to remove equipment or vehicle 10
14 Authorised officer may give directions regarding safety 10
15 Offence not to comply with direction of authorised officer 11
Part 5—Access 12
16 Temporary closure of regulated land 12
17 Offence not to comply with regulated land closure 13
18 Areas where access is restricted or prohibited 13
19 Offence to enter prohibited access area 14
Part 6—Use of regulated land 15
Division 1—General behaviour 15
20 Protection of vegetation 15
21 Introduction and planting of vegetation 15
22 Interference with livestock 16
23 Soil, sand, gravel and rocks 16
24 Good order 16
25 Interference with structures 17
26 Closure of gates 17
27 Erection of barriers 17
28 Erection or display of signs 17
29 Commercial use of regulated land 17
30 Cancellation of commercial activity permit 18
Division 2—Hygiene and waste 19
31 Disposal of human waste 19
32 Disposal of soap and detergent 20
33 Removal of waste and personal property 20
Division 3—Campfires 21
34 Campfires prohibited—land subject to riparian management works 21
Part 7—Use of licensed regulated land 22
Division 1—General behaviour 22
35 Cultivated land 22
36 Animals 22
Division 2—Camping 24
37 Camping permitted—areas set aside 24
38 Camping offences 25
Division 3—Campfires 27
39 Campfires prohibited—land being cultivated 27
40 Campfires prohibited except in areas set aside 27
Part 8—Use of unlicensed regulated land 29
41 Camping prohibited in areas set aside 29
42 Camping permitted with a permit in areas set aside 29
43 Camping offences 30
44 Campfires prohibited—areas set aside 31
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Endnotes 32
1 General information 32
2 Table of Amendments 34
3 Amendments Not in Operation 35
4 Explanatory details 36
Version No.001
Land (Regulated Watercourse Land) Regulations 2021
S.R. No. 109/2021
Version as at
1 September 2021
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to regulate the recreational use of certain regulated watercourse land; and
(b) to provide for the care, protection and management of certain regulated watercourse land; and
(c) to provide for the management of campfires on certain regulated watercourse land.
2 Authorising provision
These Regulations are made under section 413 of the Land Act 1958.
3 Commencement
These Regulations come into operation on 1 September 2021.
4 Definitions
In these Regulations—
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
camp means to use or have present in an area, for accommodation purposes, whether occupied or not—
(a) equipment including a tent, sleeping bag, swag, tarpaulin or any form of accommodation, shelter or temporary structure; or
(b) a vehicle, vessel or any other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;
campfire means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;
dwelling means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it and includes a building that may, in addition to its primary residential use, be used for small-scale commercial activities;
licensed regulated land means regulated land that is under a licence under Division 8 of Part I or section 138 of the Land Act 1958;
miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;
occupy, in relation to land, includes a person having the person's possessions on the land;
Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;
regulated land means regulated watercourse land other than any of the following—
(a) a forest park within the meaning of the Crown Land (Reserves) Act 1978;
(b) a regional park within the meaning of the Crown Land (Reserves) Act 1978;
(c) any land administered under the National Parks Act 1975;
(d) any State Wildlife Reserve under the Wildlife Act 1975;
(e) a metropolitan park within the meaning of the Crown Land (Reserves) (Metropolitan Parks) Regulations 2011;
(f) a forest reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021[1];
(g) the Yarra Tributaries Forest Reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021;
regulated land manager means—
(a) for regulated land that is Parks Victoria recorded land, Parks Victoria; or
(b) for all other regulated land, the Secretary;
riparian management works means works to protect regulated land;
Examples
Riparian management works include planting of vegetation and revegetation of land.
tourist fossicking authority has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;
traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
unlicensed regulated land means regulated land that is not under a licence under Division 8 of Part I or section 138 of the Land Act 1958;
Note
Unlicensed regulated land may include land which is under a licence issued under section 52 of the Forests Act 1958.
vegetation means any alga, fungus or plant or part of an alga, fungus or plant, in any stage of biological development and whether alive or dead;
watercourse has the same meaning as in Part XII of the Land Act 1958.
Part 2—Application of Regulations
5 Application of Regulations to employees etc.
These Regulations, other than this Part, do not apply to a person if the person—
(a) is acting as a servant or agent of the Crown; or
(b) is acting under and in accordance with a contract with—
(i) the Crown; or
(ii) a person who is a servant or agent of the Crown; or
(c) is acting under the direction of a person (the other person) while the other person is acting as a servant or agent of the Crown; or
(d) is acting with the permission of a person (the other person) while the other person is acting as a servant or agent of the Crown; or
(e) is an authorised officer acting in the course of the authorised officer's duties.
6 Application of Regulations to licence, etc holders
(1) A person does not commit an offence against these Regulations (other than a regulation specified in subregulation (2)) when acting under and in accordance with the terms and conditions of any permit, authorisation, lease, licence or consent granted under any Act, or agreement entered into under any Act.
(2) For the purposes of subregulation (1), the following regulations are specified—
(a) regulation 15;
(b) regulation 17.
7 Application of Regulations to members of traditional owner groups
(1) If a traditional owner group entity has entered into a traditional owner group agreement, any of these regulations (other than a regulation specified in subregulation (2)) that provide for an offence to carry out an agreed activity under that agreement do not apply to a member of a traditional owner group—
(a) who is bound by the agreement; and
(b) who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.
(2) For the purposes of subregulation (1), the following regulations are specified—
(a) regulation 9;
(b) regulation 15;
(c) regulation 17;
(d) regulation 19;
(e) regulation 21(1) and (2);
(f) regulation 22(1) and (2);
(g) regulation 26;
(h) regulation 31(1) and (2);
(i) regulation 32(1);
(j) regulation 33;
(k) regulation 35;
(l) regulation 36(1) and (2);
(m) regulation 39;
(n) regulation 40(1);
(o) regulation 44(1).
Part 3—Common provisions for determinations and permits
8 Determinations setting aside areas
(1) If, under a regulation specified in subregulation (3), the regulated land manager is authorised to make a determination to set aside an area of regulated land as an area in which an activity or conduct is permitted, restricted or prohibited, the regulated land manager may include in the determination any conditions subject to which the activity or conduct must or must not be carried out.
(2) If, under a regulation specified in subregulation (3), the regulated land manager makes a determination setting aside an area of regulated land as an area in which an activity or conduct is permitted, restricted or prohibited, the regulated land manager must erect or display signs or notices at or near the entrance to the area indicating—
(a) the area that has been set aside under a determination; and
(b) the nature of the determination; and
(c) in the case of an activity or conduct that is permitted or restricted, the conditions subject to which the activity or conduct must be carried out.
(3) For purposes of subregulations (1) and (2), the following regulations are specified—
(a) regulation 18(1);
(b) regulation 31(3) and (4);
(c) regulation 32(2);
(d) regulation 37(3) and (4)(a);
(e) regulation 38(4);
(f) regulation 40(2);
(g) regulation 41(2);
(h) regulation 42(2)(a);
(i) regulation 43(4);
(j) regulation 44(2).
9 Offence not to comply with conditions of determination setting aside area
A person entering, or engaging in conduct or an activity in, an area of regulated land set aside by a determination under these Regulations must comply with any conditions included in the determination applying to the area.
Penalty: 10 penalty units.
10 Issuing of permits
(1) A permit issued under these Regulations authorises the holder to enter and use the area of regulated land specified in the permit—
(a) for the purpose specified in the permit; and
(b) for the period specified in the permit; and
(c) subject to any terms and conditions in respect of the entry or use that are specified in the permit.
(2) A permit issued under these Regulations must be in writing.
11 Offence not to comply with terms and conditions of a permit
The holder of a permit issued under these Regulations must comply with any terms and conditions of the permit.
Penalty: 10 penalty units.
Part 4—Powers of authorised officers
12 Authorised officer may direct a person to cease contravention or leave regulated land
(1) An authorised officer may, if satisfied on reasonable grounds that a person has contravened these Regulations, direct in writing that the person—
(a) cease contravening these Regulations; or
(b) leave the regulated land.
(2) A direction given under subregulation (1)(b) may include a direction not to re-enter the regulated land for a period not exceeding 24 hours.
(3) An authorised officer must not give a direction under subregulation (1) unless the authorised officer considers the direction is necessary for any of the following purposes—
(a) to prevent the continuing contravention of these Regulations;
(b) to avoid a further contravention of these Regulations;
(c) for the care, protection or management of the regulated land.
(4) For the purposes of subregulations (1) and (3), a contravention of these Regulations includes—
(a) contravening a condition of a determination made under these Regulations; and
(b) contravening a condition of a permit issued under these Regulations.
13 Authorised officer may direct a person to remove equipment or vehicle
(1) An authorised officer, if satisfied on reasonable grounds that a person has contravened a regulation specified in subregulation (2), may direct the person—
(a) if the contravention relates to equipment or a structure used for camping, to dismantle and remove it from the regulated land; or
(b) if the contravention relates to a vehicle, vessel or other moveable form of accommodation, to remove it from the regulated land.
(2) The purposes of subregulation (1), the following regulations are specified—
(a) regulation 37(1) and (2);
(b) regulation 38(1), (2) and (3);
(c) regulation 41(1);
(d) regulation 42(1);
(e) regulation 43(1), (2), (3) and (5).
14 Authorised officer may give directions regarding safety
An authorised officer may, if the authorised officer considers it necessary for the safety of persons using regulated land for recreation, direct a person to—
(a) leave the regulated land; or
(b) not enter the regulated land.
15 Offence not to comply with direction of authorised officer
A person to whom a direction has been given under regulation 12(1), 13(1) or 14 must comply with the direction.
Penalty: 20 penalty units.
Part 5—Access
16 Temporary closure of regulated land
(1) The regulated land manager by determination may temporarily close an area of regulated land to the public in the anticipation of, or event of, flood, fire, natural disaster or other emergency.
(2) The regulated land manager must not make a determination under subregulation (1) unless the regulated land manager considers the determination is necessary because of the risk, or likely risk, to public safety on the regulated land.
(3) The regulated land manager must, as soon as practicable after making a determination under subregulation (1)—
(a) publish notice of the determination in the Government Gazette; and
(b) as far as practicable, display signs or notices setting out details of the determination in such a place and manner that the signs or notices are reasonably likely to be seen by persons entering the regulated land.
(4) A determination under subregulation (1) remains in force for the period specified in the notice but not more than 14 days after it is made.
(5) If the regulated land manager considers that the risk, or likely risk, that led to the determination being made under subregulation (1) no longer applies to the regulated land specified in the determination, the regulated land manager must revoke the determination.
(6) The regulated land manager must, as soon as practicable after a determination has been revoked under subregulation (5)—
(a) publish notice of the revocation in the Government Gazette; and
(b) remove the signs or notices referred to in subregulation (3)(b).
17 Offence not to comply with regulated land closure
A person must not enter or remain on regulated land to which a determination under regulation 16 applies.
Penalty: 20 penalty units.
18 Areas where access is restricted or prohibited
(1) The regulated land manager by determination may set aside an area of regulated land—
(a) as an area to which access for recreational use is restricted; or
(b) as an area to which access for recreational use is prohibited.
(2) The regulated land manager must not make a determination under subregulation (1) unless the regulated land manager considers the determination is necessary for the purposes of—
(a) managing the recreational use of the regulated land to—
(i) preserve or protect natural values of the regulated land; or
(ii) protect or allow revegetation or restoration of the regulated land; or
(iii) protect or maintain water quality;
(iv) preserve or protect cultural values of the regulated land; or
(v) manage or prevent the likely occurrence of a biosecurity risk on the regulated land; or
(b) public safety on the regulated land.
(3) Subregulation (1) does not apply if a person is acting in accordance with a permit issued by the regulated land manager.
(4) For the purposes of subregulation (3), the regulated land manager may issue a permit to a person to enter and use an area set aside under subregulation (1) for the recreation specified in the permit.
19 Offence to enter prohibited access area
A person other than a person to whom a permit has been issued under regulation 18(4) must not enter or remain in an area set aside under regulation 18(1)(b).
Penalty: 10 penalty units.
Part 6—Use of regulated land
Division 1—General behaviour
20 Protection of vegetation
A person must not cut, fell, pick, uproot, take, damage or destroy any vegetation, whether alive or dead, on regulated land.
Penalty: 20 penalty units.
21 Introduction and planting of vegetation
(1) A person must not knowingly bring vegetation onto regulated land.
Penalty: 20 penalty units.
(2) A person must not plant any vegetation on regulated land.
Penalty: 20 penalty units.
(3) Subregulation (1) does not apply if a person brings vegetation onto regulated land that is—
(a) firewood; or
(b) a manufactured wooden object.
(4) In this regulation—
firewood means timber or wood products that are—
(a) free of chemical additives; and
(b) otherwise suitable for burning as firewood;
manufactured wooden object includes a wooden vessel, a wooden fishing rod and a wooden walking stick.
22 Interference with livestock
(1) A person must not injure, disturb or interfere with any livestock on regulated land.
Penalty: 20 penalty units.
(2) A person must not prevent any livestock on regulated land from accessing a watercourse.
Penalty: 10 penalty units.
23 Soil, sand, gravel and rocks
(1) A person must not dig or cut any soil, sand, gravel or rock or similar material on regulated land.
Penalty: 15 penalty units.
(2) A person must not bring onto, or remove from, regulated land any soil, sand, gravel or rock or similar material.
Penalty: 15 penalty units.
(3) Subregulation (1) does not apply if a person is digging—
(a) for the purposes of burying faeces in accordance with regulation 31(1)(c)(i) or (ii); or
(b) in the course of acting in accordance with a miner's right or a tourist fossicking authority.
24 Good order
(1) A person must not behave on regulated land in a manner that is likely to be a nuisance to any person.
Penalty: 20 penalty units.
(2) A person must not behave on regulated land in a manner likely to cause danger or injury to any person.
Penalty: 20 penalty units.
25 Interference with structures
A person must not move, displace or interfere with any building, gate, fence, barrier, sign or other structure or works on regulated land.
Penalty: 20 penalty units.
26 Closure of gates
A person must immediately close a gate on regulated land that the person has opened.
Penalty: 10 penalty units.
27 Erection of barriers
A person must not erect a barrier on regulated land that prevents access to the regulated land for recreation.
Penalty: 10 penalty units.
28 Erection or display of signs
A person must not erect or display a sign on regulated land.
Penalty: 10 penalty units.
29 Commercial use of regulated land
(1) A person using regulated land for recreation must not engage in a commercial activity unless that person—
(a) does so in accordance with a permit issued by the regulated land manager; or
(b) is the holder of a tour operator licence and acting in accordance with that licence.
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1), the regulated land manager may issue a permit to a person to engage in the commercial activity specified in the permit.
30 Cancellation of commercial activity permit
(1) The regulated land manager may cancel a permit issued under regulation 29 at any time—
(a) if the holder of the permit has—
(i) contravened any condition of the permit; or
(ii) contravened these Regulations; or
(b) if the continuation of the permit is likely to be detrimental to or interfere with the protection and management of the natural environment, natural or cultural features, or visitors on the regulated land; or
(c) for the purposes of management of the regulated land.
(2) Before cancelling a permit, the regulated land manager must—
(a) notify the holder of the permit that it is proposed to cancel the permit; and
(b) allow the holder of the permit an opportunity to make either oral or written submissions about the proposed cancellation.
(3) For the purposes of subregulation (2)(b), the holder of the permit must make any submission within the period specified in the notice, which must not be less than 14 days after the date the notice is issued.
(4) In deciding whether or not to cancel a permit, the regulated land manager must have regard to any submission made under subregulation (2)(b) within the period specified in the notice.
(5) On cancellation of a permit under subregulation (1), the regulated land manager must notify the holder of the permit of the cancellation of the permit within 7 days after the cancellation.
(6) The cancellation of a permit under subregulation (1) comes into effect when the holder of the permit is notified of the cancellation in accordance with subregulation (5).
Division 2—Hygiene and waste
31 Disposal of human waste
(1) A person must not deposit or leave behind faeces on regulated land or in any watercourse, bog, bore, dam or spring unless the person—
(a) is in an area in which toilet facilities are provided and the person deposits faeces in those facilities; or
(b) deposits the faeces in a portable toilet located 50 metres or more from any watercourse, bog, bore, dam or spring; or
(c) subject to any determination made under subregulation (3), deposits the faeces—
(i) by burying the faeces at a distance from any watercourse, bog, bore, dam or spring equal to or more than the distance specified in a determination made under subregulation (4); or
(ii) if there is no determination made under subregulation (4), by burying the faeces 100 metres or more from any watercourse, bog, bore, dam or spring.
Penalty: 20 penalty units.
(2) A person must not dispose of a portable toilet or its contents on regulated land or in any watercourse, bog, bore, dam or spring unless the person is in an area in which toilet facilities are provided and the person deposits the contents of the portable toilet in those facilities.
Penalty: 20 penalty units.
(3) The regulated land manager by determination may set aside an area of regulated land as an area where a person must not bury faeces.
(4) For the purposes of subregulation (1)(c)(i), the regulated land manager by determination may set aside an area of regulated land as an area where a person must not deposit or leave behind faeces at a distance less than the distance specified in the determination setting aside the area.
32 Disposal of soap and detergent
(1) A person must not use or dispose of any soap, detergent or similar substance on regulated land—
(a) less than the distance from any watercourse, bog, bore, dam or spring specified in a determination made under subregulation (2); or
(b) if there is no determination made under subregulation (2), less than 50 metres from any watercourse, bog, bore, dam or spring.
Penalty: 5 penalty units.
(2) For the purposes of subregulation (1)(a), the regulated land manager by determination may set aside an area of regulated land as an area where a person must not use or dispose of any soap, detergent or similar substance on the regulated land at a distance less than the distance specified in the determination setting aside the area.
33 Removal of waste and personal property
A person who uses regulated land for recreation must, before vacating the regulated land, clear from the regulated land all waste and personal property for which the person is responsible.
Penalty: 10 penalty units.
Division 3—Campfires
34 Campfires prohibited—land subject to riparian management works
A person must not light, cause to be lit or maintain a campfire on any part of regulated land that contains riparian management works.
Penalty: 20 penalty units.
Part 7—Use of licensed regulated land
Division 1—General behaviour
35 Cultivated land
A person must not use for recreation any part of licensed regulated land that is being cultivated, unless the person has the written permission of the regulated land manager.
Penalty: 10 penalty units.
36 Animals
(1) Subject to subregulation (2), a person who uses or intends to use licensed regulated land for recreation must not bring a dog onto that licensed regulated land unless the dog is—
(a) a gundog within the meaning of the Wildlife (Game) Regulations 2012[2] and—
(i) the person in control of the dog is crossing the licensed regulated land for the purposes of hunting or taking game ducks or Stubble Quail in accordance with the Wildlife Act 1975 on land that can only be accessed by passage over the licensed regulated land; and
(ii) the circumstances referred to in regulation 19(1) or (2) of the Wildlife (State Game Reserves) Regulations 2014[3] apply; or
(b) a gundog within the meaning of the Wildlife (Game) Regulations 2012 and—
(i) the dog has been brought for the purposes of hunting or taking game ducks in accordance with the Wildlife Act 1975 and with the permission of the licensee; and
(ii) the circumstances referred to in regulation 19(1) of the Wildlife (State Game Reserves) Regulations 2014 apply.
Penalty: 10 penalty units.
(2) A person who uses or intends to use licensed regulated land for recreation that is set aside for camping under regulation 37 must not bring any animal onto that licensed regulated land unless the animal is a gundog within the meaning of the Wildlife (Game) Regulations 2012 and—
(a) the person in control of the dog is crossing the licensed regulated land for the purposes of hunting or taking game ducks or Stubble Quail in accordance with the Wildlife Act 1975 on land that can only be accessed by passage over the licensed regulated land; and
(b) the circumstances referred to in regulation 19(1) or (2) of the Wildlife (State Game Reserves) Regulations 2014 apply.
Penalty: 10 penalty units.
(3) In this regulation—
***animal*** does not include an assistance animal within the meaning of the Disability Discrimination Act 1992 of the Commonwealth;
dog does not include an assistance dog within the meaning of the Equal Opportunity Act 2010.
Division 2—Camping
37 Camping permitted—areas set aside
(1) A person who uses licensed regulated land for recreation must not camp unless the person does so in an area set aside under subregulation (3) as an area where camping is permitted.
Penalty: 10 penalty units.
(2) A person who uses licensed regulated land for recreation must not camp in an area set aside under subregulation (4) as an area where a permit is required to camp unless the person is acting in accordance with a permit issued by the regulated land manager that permits the person to camp in the area set aside.
Penalty: 10 penalty units.
(3) For the purposes of subregulation (1), the regulated land manager by determination may set aside an area of licensed regulated land as an area where camping is permitted.
(4) For the purposes of subregulation (2), the regulated land manager—
(a) by determination may set aside an area of licensed regulated land as an area where a person must not camp unless the person holds a permit that permits the person to camp; and
(b) may issue a permit to a person to camp in an area of licensed regulated land set aside as an area where a permit is required to camp.
(5) Before making a determination under subregulation (3) or (4)(a), the regulated land manager must—
(a) give the relevant registered Aboriginal party written notice of the proposed determination to set aside an area for camping; and
(b) consider any written submission made by the relevant registered Aboriginal party received within 60 days (or any longer period agreed to by the regulated land manager) of receiving the notice under paragraph (a).
(6) On making a determination under subregulation (3) or (4)(a), the regulated land manager must notify in writing the relevant registered Aboriginal party of the regulated land manager's decision.
(7) Subregulations (5) and (6) do not apply to any determination made before 1 October 2021.
(8) In this regulation—
registered Aboriginal party has the same meaning as in the Aboriginal Heritage Act 2006;
relevant registered Aboriginal party means the registered Aboriginal party for the area to which the proposed determination relates.
38 Camping offences
(1) A person must not camp on licensed regulated land set aside for camping under regulation 37—
(a) less than the distance from any watercourse, bog, bore, dam or spring specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), less than 20 metres from any watercourse, bog, bore, dam or spring.
Penalty: 10 penalty units.
(2) A person must not camp on the licensed regulated land set aside for camping under regulation 37—
(a) less than the distance from any dwelling specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), less than 200 metres from any dwelling.
Penalty: 10 penalty units.
(3) A person must not camp in or otherwise occupy the same area of licensed regulated land for more than—
(a) the number of consecutive nights specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), 14 consecutive nights.
Penalty: 10 penalty units.
(4) For the purposes of subregulation (1)(a), (2)(a) or (3)(a), the regulated land manager by determination may set aside an area of licensed regulated land as an area where a person must not—
(a) camp at a distance less than the distance specified in the determination setting aside the area; or
(b) camp for more than the number of consecutive nights specified in the determination setting aside the area.
Division 3—Campfires
39 Campfires prohibited—land being cultivated
A person must not light, cause to be lit or maintain a campfire on any part of licensed regulated land that is being cultivated.
Penalty: 20 penalty units.
40 Campfires prohibited except in areas set aside
(1) A person must not light, cause to be lit or maintain a campfire on any area of licensed regulated land unless that person does so in an area set aside under subregulation (2).
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1), the regulated land manager by determination may set aside an area of licensed regulated land that is set aside for camping under regulation 37 as an area where the lighting or maintaining of a campfire is permitted.
(3) Without limiting regulation 8(1), a determination under subregulation (2) may—
(a) specify the types of fuel that may be used in a campfire; or
(b) specify the types of appliances that may be used to contain a campfire; or
(c) require that only appliances designed and commercially manufactured be used; or
(d) in the case of campfires not contained in an appliance that is designed and commercially manufactured, specify the manner in which such a campfire may be lit and maintained.
Notes
1 The Forests (Fire Protection) Regulations 2014[4] apply to regulated land that is in a fire protected area.
2 Sections 66A, 66B and 66C of the Forests Act 1958 contain offences relating to campfires and barbeques that apply to regulated land that is in a fire protected area.
Part 8—Use of unlicensed regulated land
41 Camping prohibited in areas set aside
(1) A person who uses unlicensed regulated land for recreation must not camp in an area set aside under subregulation (2) as an area where camping is prohibited.
Penalty: 10 penalty units.
(2) For the purposes of subregulation (1), the regulated land manager by determination may set aside an area of unlicensed regulated land as an area where camping is prohibited.
42 Camping permitted with a permit in areas set aside
(1) A person who uses unlicensed regulated land for recreation must not camp in an area set aside under subregulation (2) as an area where a permit is required to camp unless the person is acting in accordance with a permit issued by the regulated land manager that permits the person to camp in the area set aside.
Penalty: 10 penalty units.
(2) For the purposes of subregulation (1), the regulated land manager—
(a) by determination may set aside an area of unlicensed regulated land as an area where a person must not camp unless the person holds a permit that permits the person to camp; and
(b) may issue a permit to a person to camp in an area of unlicensed regulated land set aside as an area where a permit is required to camp.
43 Camping offences
(1) A person must not camp on unlicensed regulated land—
(a) less than the distance from any watercourse, bog, bore, dam or spring specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), less than 20 metres from any watercourse, bog, bore, dam or spring.
Penalty: 10 penalty units.
(2) A person must not camp on unlicensed regulated land—
(a) less than the distance from any dwelling specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), less than 200 metres from any dwelling.
Penalty: 10 penalty units.
(3) A person must not camp in or otherwise occupy the same area of unlicensed regulated land for more than—
(a) the number of consecutive nights specified in a determination made under subregulation (4); or
(b) if there is no determination made under subregulation (4), 28 consecutive nights.
Penalty: 10 penalty units.
(4) For the purposes of subregulation (1)(a), (2)(a) or (3)(a), the regulated land manager by determination may set aside an area of unlicensed regulated land as an area where a person must not—
(a) camp at a distance less than the distance specified in the determination setting aside the area; or
(b) camp for more than the number of consecutive nights specified in the determination setting aside the area.
(5) A person must not camp on any part of unlicensed regulated land that contains riparian management works.
Penalty: 10 penalty units.
44 Campfires prohibited—areas set aside
(1) A person must not light, cause to be lit or maintain a campfire on any area of unlicensed regulated land set aside under subregulation (2).
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1), the regulated land manager by determination may set aside an area of unlicensed regulated land as an area where the lighting or maintaining of a campfire is prohibited.
Notes
1 The Forests (Fire Protection) Regulations 2014 apply to regulated land that is in a fire protected area.
2 Sections 66A, 66B and 66C of the Forests Act 1958 contain offences relating to campfires and barbeques that apply to regulated land that is in a fire protected area.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Land (Regulated Watercourse Land) Regulations 2021, S.R. No. 109/2021 were made on 31 August 2021 by the Governor in Council under section 413 of the Land Act 1958, No. 6284/1958 and came into operation on 1 September 2021: regulation 3.
The Land (Regulated Watercourse Land) Regulations 2021 will sunset 10 years after the day of making on 31 August 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Land (Regulated Watercourse Land) Regulations 2021 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Reg. 4 def. of regulated land: S.R. No. 44/2021. ↑
Reg. 36(1)(a): S.R. No. 99/2012 as amended by S.R. Nos 161/2012, 53/2014, 2/2018, 19/2018 and 148/2020. ↑
Reg. 36(1)(a)(ii): S.R. No. 190/2014 as amended by S.R. Nos 16/2015, 50/2018 and 128/2018. ↑
Reg. 40: S.R. No. 52/2014.
——
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑