71Regulations

##### 71 Regulations (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), regulations may be made: (a) providing for functions and powers to be conferred, and duties to be imposed, upon wardens, rangers and wildlife inspectors; (b) providing for the protection and conservation of wildlife; (c) regulating trade and commerce in connexion with wildlife in a Territory; (d) regulating or prohibiting the pollution of soil, air or water in a manner that is, or is likely to be, harmful to people or wildlife in, or to the natural features of, parks and reserves; (da) regulating or prohibiting tourism in parks and reserves; (e) providing for the protection and preservation of parks and reserves and property and things in parks and reserves; (f) regulating or prohibiting access to the whole or part of a park or reserve by persons or classes of persons; (g) providing for the removal of trespassers from parks and reserves; (h) regulating or prohibiting camping in parks and reserves; (i) providing for the safety of persons in parks and reserves; (j) regulating or prohibiting the use of fire in parks and reserves; (k) regulating the conduct of persons in parks and reserves; (l) regulating or prohibiting the carrying on of any trade or commerce in a park or reserve; (n) regulating or prohibiting the use of vehicles in parks and reserves and providing for signs and road markings for those purposes; (p) providing for the removal of vehicles, aircraft or vessels from places in parks and reserves where they have been left in contravention of the regulations or have been abandoned and for the impounding of such vehicles, aircraft or vessels; (q) making provision to the effect that, where a contravention of a provision of the regulations relating to the parking or stopping of vehicles in a park or reserve occurs in respect of a motor vehicle, the person who is to be regarded as the owner of the motor vehicle for the purposes of the regulations (who may, in accordance with the regulations, be or include a person in whose name the motor vehicle is registered under the law of a State or Territory) is to be, except as provided otherwise, deemed to have committed an offence against the provision so contravened, whether or not he or she in fact contravened that provision; (r) enabling a person who is alleged to have contravened a provision of the regulations relating to: (i) littering; (ii) the use of vehicles or vessels; (iii) the parking or stopping of vehicles; (iv) the mooring or landing of vessels; or (v) the landing, use or flying of aircraft; to pay to the Director, as an alternative to prosecution, a specified penalty, not exceeding the maximum penalty by which a contravention of that provision is otherwise punishable; (s) regulating or prohibiting the use of vessels in, and the passage of vessels through, parks and reserves and the landing and use of aircraft in, and the flying of aircraft over, parks and reserves; (t) providing for giving effect to plans of management in relation to parks and reserves; (u) regulating or prohibiting the taking of animals or plants into, or out of, parks and reserves; (v) providing for the impounding, removal, destruction or disposal of animals found straying in parks and reserves; (w) regulating or prohibiting the taking into parks and reserves, and the use in parks and reserves, of weapons, traps, nets, snares, fishing apparatus and other devices; (x) regulating or prohibiting the laying of baits and the use of explosives and poisons in parks and reserves; (y) providing for the collection of specimens and the pursuit of research in parks and reserves for scientific purposes; (z) providing for the issue of licences, permits and authorities, the conditions subject to which they are issued and the charging of fees by the Director in respect of such licences, permits and authorities; and (za) providing for any matter incidental to or connected with any of the foregoing. (3) A provision of the regulations regulating or prohibiting the flying of aircraft over a park or reserve does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law. (3A) A law of a Territory has effect to the extent to which it is not inconsistent with a provision of the regulations having effect in that Territory, but such a law shall not be taken for the purposes of this subsection to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision. (4) Regulations with respect to a matter shall be regulations applicable to that matter only so far as that matter may be dealt with under the powers of the Parliament, including its powers with respect to: (a) the government of a Territory; (b) places acquired by Australia for public purposes; (c) the Australian coastal sea; (d) matters arising out of the rights (including sovereign rights) of Australia in relation to the continental shelf of Australia; (e) trade and commerce with other countries including the import or export of animals and plants; (f) fisheries in Australian waters beyond territorial limits; and (g) statistics relating to animals and plants. (5) The power to make regulations conferred by this Act may be exercised: (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case. (6) The power to make regulations conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that: (a) a provision is made by this Act in relation to that matter or another matter; or (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter. (7) The regulations may provide, in respect of an offence against the regulations, for the imposition of: (a) a fine not exceeding $5,000; or (b) a fine not exceeding $1,000 for each day during which the offence continues. (8) The limitation imposed by subsection (7) on the penalties that may be prescribed by the regulations does not prevent the regulations from requiring a person to make a statutory declaration.