National Parks and Wildlife Regulation 2019

The Regulation relies on a number of defined terms that are essential to understanding its operation. Park is defined broadly in clause 3 to mean a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve, or Aboriginal area, and includes all roads and waters within the boundaries. This definition captures the full range of reserved land under the Act. Park authority is the body responsible for the care, control and management of a particular park; it varies depending on the type of park and whether a trust or local council is involved. For example, for a national park the Secretary is the park authority, but for a state conservation area with a trust, the trust is the authority except in relation to fees and charges (where the Minister retains control). Park user means a person in a park or intending to enter a park. Designated officer includes national parks officers, persons authorised by the park authority, and police officers; this class exercises removal and direction powers under Part 2.

The concept of consent is central. Clause 4 provides that certain approvals under the Filming Approval Act 2004 or a lease or licence under the Act are taken to constitute consent for the purposes of the Regulation. Clause 34 confirms that consent may be given generally or in a particular case, unconditionally or subject to conditions, and may take the form of a notice, permit, licence or other authorisation. Harm is defined in the Act, but clause 5 excludes acts carried out in accordance with the Code of Practice for Archaeological Investigation of Aboriginal Objects from the definition of harm.

Part 7A introduces the concept of declared land which has environmental and cultural values of intergenerational significance. For such land, the Secretary must prepare a conservation action plan (clause 78C) that identifies key risks and required conservation activities. A separate concept of sensitive declared land is introduced by clause 78K, where disclosure of location information is prohibited.

Other important concepts include snow chains (clause 29 imposes a seasonal requirement to carry and use chains on designated roads in Kosciuszko National Park), mobility parking scheme authority (clause 10(7)), and waiver pass (clause 10H allows the Secretary to waive motor vehicle entry fees). The Regulation also defines litter broadly (clause 3) to include any material that makes a place disorderly, and waste includes abandoned vehicles and parts.

The Regulation imposes obligations on a wide range of persons. The most directly affected are park users - any person who enters or intends to enter a park. This includes walkers, campers, drivers, boaters, horse riders, cyclists, and commercial operators. Offences apply to all persons in a park unless a specific exemption or defence is available. Persons who drive vehicles into parks must comply with traffic rules, pay any applicable fees, and park only in designated areas. Those who bring animals into parks must ensure they are assistance animals or otherwise authorised by a plan of management or notice. Campers are limited to 21 consecutive days (or fewer if a notice or plan provides otherwise) and must camp only in designated areas. Anyone conducting research, organising a sporting event, or carrying out any commercial activity must first obtain the consent of the park authority. Photographers taking images for sale or profit are similarly regulated.

Specific categories of persons receive special treatment. Aboriginal people are exempt from certain prohibitions on harming fauna for domestic purposes (clause 64) and on gathering native plants for domestic purposes (clause 65), subject to exceptions for raptors, parrots and threatened species. Persons with disabilities are assisted by exemptions for disability assistance aids (which are permitted vehicles) and for assistance animals (which may be taken into parks despite the prohibition on animals). Police officers and specified officers have powers to carry firearms and other weapons in the course of duty.

Snowy Hydro Limited is directly regulated under Part 4. The Company must comply with the obligations in the Snowy Management Plan, and the Secretary may issue a notice to enforce compliance. Failure to comply without reasonable excuse is a continuing offence. For commercial operators holding a lease or licence, the Regulation provides that the lease or licence constitutes consent to carry out the activity, subject to conditions.

Local Aboriginal Land Councils, boards of management, and trustees of state conservation areas and regional parks are affected by the administrative provisions in Parts 6 and 7, including requirements for meetings, appointments, financial management, and common seals. The Board of the National Parks and Wildlife Conservation Trust is governed by Part 6A, with requirements for composition, disclosure of pecuniary interests, and transaction of business.

Duties under the Regulation are extensive. A fundamental duty is to comply with notices displayed in parks or written notices given to park users (clause 6). Notices may close parks, impose fees, regulate activities, and prohibit collection of deadfalls. A person who enters a closed park, fails to pay a fee, or uses a facility in a prohibited manner commits an offence. Oral directions from a park authority (clause 7) must also be complied with, but clause 35A provides that a person is not guilty of an offence under an oral direction unless the person who gave the direction warned that failure to comply is an offence. A designated officer may direct a person to leave a park for up to 28 days (clause 8), and the Secretary may extend that period beyond 28 days (clause 8A). Other specific duties include: not driving a vehicle except on a road (clause 9), not causing damage to roads or interfering with gates (clause 10), not parking contrary to signs or restrictions (including mobility parking), not operating vessels in prohibited waters, and not mooring vessels except in set-aside areas. There is a duty to ensure vehicles are removed from parks by the applicable time after paying a daily fee (clause 10G). In relation to animals, a person must not take, release, keep or have charge of an animal in a park (except assistance animals or with consent) (clause 11). For flora and heritage, a person must not damage or remove vegetation, interfere with Aboriginal objects, use metal detectors, or deposit objects within Aboriginal areas (clause 19). Caves are heavily protected: clause 27 prohibits entering karst caves without consent, smoking in caves, leaving faeces or equipment, and using fuel stoves or welding equipment. No person may erect structures or moveable dwellings without consent (clause 20). Commercial activities, organised sports and research all require prior consent (clauses 24, 25 and 26). Clause 26A prohibits installation or leaving unattended of recording devices (for video, images or audio) in a park without consent. In relation to Kosciuszko National Park, there is a duty to carry and use snow chains between 1 June and 10 October on designated roads (clause 29).

Rights include the right to apply for consents, permits and licences. An applicant for an Aboriginal heritage impact permit has a right to engage in a consultation process with registered Aboriginal parties (clause 60) and must provide a cultural heritage assessment report (clause 61). Persons may apply for a waiver pass for motor vehicle entry fees (clause 10H). A person given an oral direction must be warned of the offence (clause 35A). A person may use firewood from deadfalls if not prohibited by notice, but clause 13(3)(b)(ii) provides a limited right to collect deadfalls for firewood where timber is not provided at visitor use areas. Aboriginal people have exemptions for domestic hunting and gathering. A person stopped in a park on a public road may carry certain objects (such as paint or cutting equipment) if they do not stop in the park (clause 13(5)). The defences in clause 36 (staff of park authority acting in employment, or acting under direction) and clause 36A (defence of due diligence for harming Aboriginal objects by complying with prescribed codes) are also rights.

The Regulation creates numerous offences, most carrying a maximum penalty of 30 penalty units. A penalty unit under NSW law is currently $110 (as at the date of the Regulation’s commencement, subject to indexation). More serious offences carry 50 penalty units, for example depositing asbestos waste in a park (clause 13(1)(c1)), interference with park management (clause 28), and failure to comply with a removal direction (clause 8(5E)). Clause 51 imposes a maximum penalty of 50 penalty units plus 2 penalty units for each day the offence continues for Snowy Hydro Limited failing to comply with a compliance notice. The offence of damaging Aboriginal objects under the Act carries higher penalty notice amounts: $1,500 for an individual under section 86(2), and $3,300 under section 86(4) (Schedule 1). For corporations, some penalty notice amounts are doubled, e.g. $3,300 for an offence under section 91Q(1)(a).

Enforcement is primarily by penalty notices, which are specified in Schedule 1. The amounts vary for each offence. For example, failing to pay a motor vehicle entry fee (clause 10F(1)) is $100; parking after the expiry of time (clause 10G(1)) ranges from $100 to $300 depending on duration; littering (clause 13(1)(a)) is $500; smoking (clause 18(1)) is $300; and smoking in a cave (clause 27(2)(e)) is $200. Clause 6(2)(b) for remaining in a park after closure is only $100. The Regulation also provides for exclusion from parks for second or subsequent offences. Under clause 37, if a person is convicted of, receives a section 10 order for, or pays a penalty notice for a second or subsequent Part 2 offence, the park authority or Secretary may exclude that person from the park for any period. Re-entering during the exclusion period is an offence (maximum 50 penalty units). The exclusion power applies to any Part 2 offence except clause 51.

Clause 8 also allows designated officers to physically remove persons and their property from a park, including vehicles and equipment. Clause 10(3) allows a designated officer to tow a vehicle if it is parked dangerously and the owner cannot be located and directed. Clause 31 gives the Secretary power to remove unlicensed moorings and recover costs. For public health in Kosciuszko National Park, the Secretary may issue orders under clauses 40 to 43 and the order may be enforced by penalty (30 penalty units for non-compliance) and, in the case of clause 43(3), by ordering evacuation.

For Snowy Hydro Limited, clause 52 allows the Secretary to carry out works if the Company fails to comply with a notice, and recover the reasonable costs as a debt. Clause 78K creates an offence of disclosing information about sensitive declared land that reveals its location or risks its values (50 penalty units). Clause 83(3) makes it an offence to make a false or misleading statement in an application for a permit, licence or registration (30 penalty units).

The Regulation operates alongside and incorporates provisions from numerous other NSW and Commonwealth statutes. The Act itself (National Parks and Wildlife Act 1974) is the primary legislation, and the Regulation gives effect to its provisions. References to the Environmental Planning and Assessment Act 1979 are frequent. For example, determining authority has the same meaning as in Division 5.1 of Part 5 of that Act. The Regulation exempts certain activities in ski resort areas in Kosciuszko National Park from the offence of damaging vegetation or cultural heritage if they are carried out under a development consent or approval under that Act (clauses 13, 19, 20, 21). Clause 58(e) provides a defence to harming Aboriginal objects for exempt development or complying development certificates under the EP&A Act.

The Local Government Act 1993 is incorporated by reference in Part 3 (public health). Clauses 40 to 44 give the Secretary powers to issue orders about healthy premises, waste, and shared accommodation, and clause 44(1) applies specific sections of the Local Government Act (sections 129, 130, 132-137, 139-141, 143-148, 152 and 153(1)) to those orders. Clause 46 gives the Secretary the same entry and inspection powers as a council under Chapter 8 Part 2 of the Local Government Act. Clause 47 confers on the Secretary functions under the Public Health Act 2010, including appointing authorised officers for public health matters.

The Snowy Hydro Corporatisation Act 1997 is central to Part 4. Clause 48 defines Snowy park lease and Snowy Management Plan with reference to sections 37 and 38 of that Act. Clause 13(2)(c) also exempts Snowy Hydro Limited from certain offences if development is carried out under a deemed development consent under section 41(4) of the Snowy Hydro Corporatisation Act.

The Protection of the Environment Operations Act 1997 is relevant for waste offences (asbestos waste) and for penalty notice offences applied under section 156B of the Act. Clause 86(1)(b) provides that an identification card issued under section 189 of the POEO Act is evidence of authority for a national parks officer.

The Rural Fires Act 1997 interacts with the lighting of fires (clause 17 provides a defence if a fire is lit under that Act) and with emergency management provisions that allow acts reasonably necessary to avoid a threat to life or property (clauses 13(2)(d), 21(2)(d)). The Fisheries Management Act 1994 interacts with trapping (clause 14(4)) and with the definition of ex-officio ranger. The Disability Discrimination Act 1992 (Cth) defines assistance animal and that definition is used in clause 3. The Native Title Act 1993 (Cth) is referenced in clause 60(10) regarding Indigenous Land Use Agreements as an alternative consultation process. The Road Transport Act 2013 and Road Rules 2014 are referenced for definitions of registration, number-plates and traffic signs.

The Regulation commenced on 1 September 2019. Since then it has been amended by several instruments. The first amendment was 2021 (25), which made a number of changes. The most significant was the insertion of Division 2A (Motor vehicle fees and charges) into Part 2, adding clauses 10A to 10I. This amendment also replaced references to “Chief Executive” with “Secretary” throughout the Regulation. It also amended clause 3 definitions and clause 13 (littering and damage) and Schedule 1 to add penalty notice amounts for the new motor vehicle fee offences. A second amendment was 2021 No 47, which inserted Part 6A (Board of National Parks and Wildlife Conservation Trust), adding clauses 69A to 69O. This amendment also amended definitions in Part 7A, added clause 87A (prescribing a vehicle entry offence for the purposes of section 197A(3) of the Act), and made other minor changes. The third major amendment was 2025 (329), which added clause 8A (Secretary may revoke or replace direction), inserted clause 26A (installation of recording devices), added clause 78K (prohibited disclosure of information about declared land), and made numerous amendments to clauses 8, 10, 13, 14, 25, 28, 35A, 37, 60, and others. This amendment also updated definitions such as park in clause 10A and added references to Snowy 2.0 lease in clause 48. The Schedule 1 penalty notice amounts were also updated to include new offences.

The source text does not cite any specific judicial decisions. The Regulation itself does not contain references to particular cases. However, practitioners should be aware that judicial interpretation of the Regulation’s provisions may occur in the context of prosecutions for offences. For example, the defence of due diligence under clause 57 (complying with a prescribed code of practice for Aboriginal objects) may be tested in court to determine whether compliance with a code satisfies the statutory defence. Similarly, clause 35A requiring a warning for oral directions may be litigated to determine whether the warning was sufficiently given. The offence of harming an Aboriginal object under section 86(2) of the Act, which clause 58 provides a defence for certain low impact acts, has been the subject of appellate consideration in other cases (though not referenced in this Regulation). The exclusion power in clause 37 may also be challenged on procedural fairness grounds, as the clause requires a designated officer to consider the seriousness and persistence of conduct. No cases are recorded in the source material, so this heading notes that the Regulation does not reference any litigation.

Several provisions contain traps for the unwary. Clause 35A provides that a person is not guilty of an offence for failing to comply with an oral direction unless the person who gave the direction warned the recipient that failure to comply is an offence. This is a procedural safeguard but also a potential loophole: if a designated officer forgets to give the warning, the direction is unenforceable by way of prosecution. However, the person can still be removed under clause 8 if other conditions are met.

Clause 26A makes it an offence to install or leave a recording device unattended in a park without consent. This is a broad prohibition that captures not only obvious surveillance equipment but also trail cameras for wildlife monitoring, unless the operator has obtained park authority consent. Even leaving a camera unattended for a short period could lead to a maximum penalty of 50 penalty units.

The prohibition on knives in clause 23(1)(f) is worded broadly: “without reasonable excuse, carry, use, possess or have custody of a knife”. Clause 23(4) provides that reasonable excuse is limited to food preparation, lawful recreation, or uniform wearing. Clause 23(5) expressly states that self-defence or defence of another is not a reasonable excuse. This means a person carrying a pocketknife for general utility or personal protection in a park may be liable if the excuse does not fit the specified categories.

The definition of park in clause 3 includes all roads and waters within the boundaries. This means that even if a person is simply driving on a public road that traverses a park, they are still subject to the Regulation. Clause 13(5) provides a limited exemption for carrying certain objects (like spray cans or boltcutters) on a road if the person does not stop in the park. But other offences, such as smoking (clause 18) and littering (clause 13), apply on roads within the park.

Clause 12 allows camping in non-designated areas more than 1 kilometre from designated camping areas, car parking areas, picnic areas and vehicular roads, if there is no plan of management. However, clause 12(5) overrides this if a notice prohibits camping. This means that even if a person is far from facilities, a simple notice can make that area off-limits.

For motor vehicle fees, clause 10G(1) makes it an offence to park a motor vehicle in the park after the applicable time or expiry period. The definition of park in clause 10A includes part of a park or a public road traversing a park. This means leaving a car parked on a road within the park after the permitted time, even if the driver has left the area, could constitute parking and thus an offence. The penalty amounts in Schedule 1 for this offence increase with the period parked.

Clause 29 on snow chains applies to motor vehicles but expressly excludes four-wheel drive vehicles. A driver of a four-wheel drive vehicle does not need to carry or use snow chains on designated roads in the winter period, but all other motor vehicles do.

Clause 78K prohibits disclosing information about sensitive declared land if it reveals the location or may risk protection of its values. This is a strict prohibition with no public interest defence; the only exceptions are consent of the Secretary or disclosure in connection with administration of Part 12A of the Act.

Compliance begins with checking all notices at park entrances and on the National Parks and Wildlife Service website before entering. Clause 6(1A) allows closure notices to be published on a website, so a person should verify closure status online even if no physical notice is displayed (clause 6(2A) states the offence applies whether or not a notice has been displayed). For motor vehicle entry, a person must pay the applicable fee (if any) and ensure the vehicle displays a valid receipt, ticket or pass unless it is in electronic form (clause 10I). The vehicle must be removed by the applicable time and date specified in the determination. Where the person holds a waiver pass or is the subject of a waiver determination, they must display any required documentation.

For any activity that is not expressly permitted by the Regulation (such as building a structure, conducting research, filming for profit, or holding a sporting event), the person must obtain the consent of the park authority. The application process should be initiated well in advance. Consent may be given by a written statement, notice, permit or licence (clause 34). Where a lease or licence is granted under Part 11 or 12 of the Act, it is taken to be consent (clause 4). For filming, a filming approval under the Filming Approval Act 2004 is sufficient.

For activities that may harm Aboriginal objects, the person must conduct due diligence in accordance with a prescribed code of practice listed in clause 57. For any activity requiring an Aboriginal heritage impact permit, the applicant must carry out a community consultation process under clause 60, including notifying relevant Aboriginal parties, publishing a notice, providing a proposed methodology for a cultural heritage assessment report, and providing a draft report for comment. The application must be accompanied by the cultural heritage assessment report (clause 61). If the activity is a low impact act listed in clause 58 (such as certain maintenance work on previously disturbed land), a defence to prosecution may be available, but the person should still take care to avoid harming Aboriginal culturally modified trees.

For camping, the person should camp only in designated areas and for no more than 21 consecutive days unless a different period is stated in a notice or plan of management. If camping outside designated areas, the person must ensure they are more than 1 kilometre from any designated facility and that no notice prohibits it. For fires, the person must use designated fireplaces or, if none, maintain a temporary fireplace at least 4.5 metres from any log or stump and 1.5 metres from flammable material, and never during a total fire ban.

For animals, only assistance animals may be taken into parks unless a plan of management allows other animals with conditions. The person must check for any notices prohibiting animals in that park or part.

Commercial operators and organisers of events must obtain prior consent. They should be aware that competing with or hindering existing leaseholders is prohibited (clause 24(1)(c)).

For persons conducting research, clause 26 requires consent. For environmental scientists or students, this means applying to the park authority for a research permit. For researchers installing recording devices (such as camera traps), clause 26A prohibits installation without consent.

For vehicle operation, drivers must stay on formed roads, not park in prohibited zones, and comply with all signs. Snow chains must be carried and used as directed in Kosciuszko National Park during winter. For vessels in Ku-ring-gai Chase National Park, mooring is heavily regulated; only licensed moorings or public moorings (limited to 24 hours) may be used.

For Aboriginal people exercising domestic hunting or gathering rights, they must be aware of the limitations: the exemption does not apply to raptors, parrots or threatened species (clause 64(2)), and they must still comply with any notices or consents required for other activities.

Finally, for corporations and large organisations, compliance programs should include training on the specific prohibitions (such as not leaving equipment unattended in caves, not smoking in parks except in certain accommodation areas, and not damaging Aboriginal objects). The penalty notice amounts are relatively low for individuals but can be doubled for corporations for some offences. Repeated breaches risk exclusion from parks.