8Removal of persons by direction

8 Removal of persons by direction

8 Removal of persons by direction

(1) A designated officer may direct a person to leave a park or any part of a park if, in the reasonable opinion of the designated officer, the person—

(a) is trespassing, or

(b) is causing a nuisance or inconvenience to any other person in the park, or

(c) has contravened, or is about to contravene, the Act or this regulation.

(2) In giving a direction, the designated officer must specify—

(a) the period within which the person must leave the area to which the direction relates, and

(b) the period, not exceeding 28 days, during which the person must not return to the park, or part of the park.

(3) A direction may be given orally to the person or by written notice served on the person.

(4) A direction given under subclause (1) may provide that a person must not enter one or more nearby parks during the period specified under subclause (2)(b) if the designated officer is satisfied it is necessary for one or more of the following reasons—

(a) to protect the public or national parks officers,

(b) to protect the environment,

(c) to prevent damage to a park, or part of a park,

(d) to prevent interference with the care, control and management of a park.

(5) In specifying a period under subclause (2)(b), the designated officer must consider the seriousness and persistence of the person’s conduct.

(5A) A designated officer may, by written notice served on the person to whom a direction was given under this clause, vary or revoke the direction.

(5B) A variation of a direction under subclause (5A) may not specify a period during which a person must not return to the specified area exceeding 28 days from the date on which the direction under subclause (1) was given.

(5C) If a person fails to comply with a direction given under this clause, a designated officer may remove the person from a specified area and remove things belonging to or associated with the person, including equipment or a vehicle.