27Caves

#### 27 Caves 27 Caves > > (1) A person must not enter or remain in a karst cave in a park. > > > > Maximum penalty—30 penalty units. > > > (2) A person must not in a park— > > > > > (a) exhibit a number or other identifying mark in or near a cave in a manner that suggests that the number or mark has been allocated to identify the cave, or > > > > > (b) carry out any excavation, or use any explosive, in or in the vicinity of a cave, or > > > > > (c) use any string or other thing for the purpose of laying a track in a cave, or > > > > > (d) interfere with in a cave or remove from a cave— > > > > > > > (i) any rocks, soil, sand, stone or other similar substances, or > > > > > > > (ii) any flora or fauna, or > > > > > > > (iii) any equipment (other than equipment carried into the cave by the person), or > > > > > > > (iv) any guano, bones or fossil, or > > > > > (e) smoke in a cave, or > > > > > (f) light a fire in a cave, or > > > > > (g) leave any equipment in a cave whether or not the person intends to return to the cave, or > > > > > (h) leave the person’s urine or faeces in a cave, or > > > > > (i) damage any speleothems in a cave, or > > > > > (j) vandalise any cave, or > > > > > (k) interfere with, dig in or disturb a cave or remove from a cave any Aboriginal objects, or > > > > > (l) obstruct, erect a fence or gate in, fill or alter the entrance or passage of a cave, or > > > > > (m) have in the person’s possession in a cave any sieve, spade, shovel, fork, mattock, pick, bar, axe, chisel, hammer or similar implement, or > > > > > (n) in a cave, use any fuel stove, combustion engine, flare, carbide lamp, candle or welding equipment. > > > > Maximum penalty—30 penalty units. > > > (3) A person does not commit an offence under this clause— > > > > > (a) for anything done or omitted to be done with the consent of a park authority and in accordance with any conditions to which the consent is subject, or > > > > > (b) if a plan of management for a park makes provision for the undertaking of an activity in the park, the person undertakes the activity in the park in accordance with the plan of management. > > > (4) Despite subclause (3)(b), a person must not undertake an activity in a park if a notice erected in the park or given to the person prohibits the undertaking of the activity. > > > (5) A person does not commit an offence under subclause (2)(c) if the person lays a track as a temporary safety or conservation measure and either— > > > > > (a) removes the track when the person leaves the cave, or > > > > > (b) within 7 days of leaving the cave, orally or in writing notifies the park authority of the laying of the track. > > > (6) A park authority notified by a person under subclause (5)(b) of the laying of a track may orally or in writing direct the person to remove the track within a period specified in the direction. > > > (7) A person must comply with a direction given under subclause (6) within the period specified in the direction. > > > > Maximum penalty—30 penalty units. > > > (8) In this clause— > > > > cave means any naturally occurring void, cavity, recess or system of interconnected passages, that is— > > > > > (a) beneath the surface of the earth or within a cliff or ledge, and > > > > > (b) large enough to permit a person to enter, whether or not the entrance is naturally formed or human made, and > > > > > (c) wholly or substantially roofed. > > > > karst cave means a cave that has developed in soluble rock (typically limestone dolomite, marble and gypsum) through the processes of solution, abrasion or collapse.