National Parks (Cape Otway Lightstation Precinct Fee) Regulations 2025

Cape Otway Lightstation Precinct is the physical area to which the fee applies. It is not defined by metes and bounds in the Regulations themselves but by reference to a plan lodged in the Central Plan Office and numbered LEGL./25-008 (regulation 4). This means the precise boundaries are located in an external document. Anyone seeking to ascertain the exact area must inspect that plan; the Regulations do not reproduce it. The term appears in the definitions and throughout Part 2.

Entry fee is the amount payable under regulation 5. The fee is a daily fee, not an annual or multi-day pass. The schedule refers to “Maximum daily entry fee”. The land manager may set a fee lower than the maximum, or waive it entirely, but cannot exceed the cap.

Concession is defined by cross-reference to section 3 of the State Concessions Act 2004. That Act sets out categories of persons eligible for state concessions, generally holders of pensioner concession cards, health care cards, and similar. The concession class of entry in Schedule 1 (item 3) provides a slight discount over the adult rate: 1.23 fee units compared to 1.35 for adults, a reduction of about 9 per cent. The concession rate is still more than double the child rate (0.56 fee units). There is no separate “senior” or “student” category; those would fall under concession if they meet the State Concessions Act definition, otherwise they pay the adult fee.

Land manager means the Great Ocean Road Coast and Parks Authority (regulation 4). This entity is responsible for collecting fees, displaying signage, publishing fees on its website, and exercising the discretion to reduce or waive fees (regulation 5(2)(3)). It is also the body that will enforce the offence provision through authorised officers.

Traditional owner group, traditional owner group entity, and traditional owner group agreement all derive from the Traditional Owner Settlement Act 2010. A traditional owner group entity that has entered into an agreement covering the precinct and that is carrying out an “agreed activity” (as defined in section 79 of that Act) is exempt from the fee (regulation 6(2)(a)). This preserves existing cultural access arrangements and avoids a conflict between the fee and recognition of traditional ownership.

Relevant land Act is a composite definition listing several statutes (Crown Land (Reserves) Act 1978, Forests Act 1958, Land Act 1958, National Parks Act 1975, Wildlife Act 1975, Fisheries Act 1995, and a catch‑all for any other Act providing for use or management of reserved land or land vested in a public authority). This definition is used in the exemptions: a person acting under a lease, licence, permit, or other authority granted under any of those Acts is exempt from the fee (regulation 6(2)(d)(iii)). Similarly, a person acting under an agreement entered into under a relevant land Act is exempt (regulation 6(2)(d)(iv)). This is a broad exemption covering, for example, a research permit holder under the National Parks Act or a leaseholder under the Land Act.

Fee units and penalty units are legislative indexing mechanisms. The fee amounts in Schedule 1 are expressed in fee units. Under the Monetary Units Act 2004, the dollar value of a fee unit is set annually by the Treasurer. For 2025‑26, the value is $16.81. The actual fee is calculated as fee units multiplied by that value, then rounded to the nearest 10 cents. The penalty for the offence in regulation 6(1) is 5 penalty units. A penalty unit for 2025‑26 is $203.51, making the maximum penalty $1,018 (rounded to the nearest dollar). Both values change each financial year without further legislative amendment, so the real cost of the fee and penalty will rise with indexation.

Sunset refers to the automatic repeal of the Regulations on 1 July 2035, 10 years after they were made. If the entry fee regime is to continue, new regulations must be made before that date.

The primary group affected is any person who wishes to enter the Cape Otway Lightstation Precinct. This includes tourists, visitors, researchers, and any member of the public. The fee falls on individuals, not on commercial operators per se, though operators who bring groups (such as tour bus companies) will need to ensure their customers pay or that the operator itself has an arrangement with the land manager. The Regulations do not address group bookings; each person entering must pay according to their class, unless an exemption applies.

Families are a specific target: the family class covers two adults and up to three children. A family of five pays a single fee, which is cheaper than paying separately for each adult and child. For example, paying separately for two adults and three children would be (2 x 1.35) + (3 x 0.56) = 2.70 + 1.68 = 4.38 fee units, whereas the family rate is 3.43 fee units, a saving of about 22 per cent. Families with more than three children would need to pay extra for the additional child or children, as the family cap is only “up to 3 children”. This is a potential trap: a family with four children would have to pay the family rate plus one child fee, which may not be obvious.

Concession holders (pensioners, health care card holders etc.) receive a modest discount compared to adults. The concession rate is 1.23 fee units versus the adult 1.35, a saving of about 9 per cent. That is a small differential compared to the child rate (0.56 fee units). The land manager retains discretion to lower the actual fee further, but that is not guaranteed.

Children aged 5 years or older must pay the child fee. Children under 5 are free, but there is no “infant” or “baby” class; a child under 5 simply does not require a fee. The land manager may still require a ticket or check for age verification, though the Regulations do not mandate proof.

The land manager (Great Ocean Road Coast and Parks Authority) bears the compliance burden: it must determine the actual fee (subject to the maximum), publish it on its website, and erect signs or notices “in a place and in a manner likely to be seen by any persons entering” the precinct (regulation 5(3)(a)). This is a positive obligation but with no penalty for non‑compliance; the offence provision in regulation 6 does not depend on signage being present. A visitor cannot argue that they were unaware of the fee because signs were absent - the duty to pay exists independently. However, if the land manager fails to publish the fee, it may be difficult to enforce the offence, as a person cannot know what amount is payable.

Exempted groups: traditional owner group members engaged in agreed activities; Crown servants or agents; persons acting under a contract with the Crown; lessees, licensees, permit holders, or agreement holders under a relevant land Act; persons acting under the direction or with the permission of a Crown servant or agent; and authorised officers acting in the course of their duties (regulation 6(2)). These exemptions are narrow in scope. For example, a Crown servant or agent must be acting in that capacity, not on a private visit. “Servant or agent of the Crown” is a common law concept that includes public servants but not contractors generally unless they are acting under a contract with the Crown (which is a separate exemption). The practical effect is that many government employees and contractors involved in park management or infrastructure work can enter without paying. Holders of permits under the Wildlife Act or Fisheries Act also gain entry, as do persons with agreements entered into under a relevant land Act.

Duty to pay the entry fee: regulation 5(1) states that the fee payable for a person to enter the precinct is the fee set out in Schedule 1 that corresponds to the person’s class of entry. Read with regulation 6(1), a person must not enter unless that fee (if any) has been paid. The fee is a condition of lawful entry. The Regulations do not specify when or how payment must be made - it may be at a gate, kiosk, online booking, or by automated machine. The land manager has the duty to collect the fee, but the onus is on the entrant to ensure payment.

Duty of the land manager to display signs and publish fees: regulation 5(3) requires the land manager to display signs or notices likely to be seen by persons entering, and to publish the payable fee on its website. This is not merely a best‑endeavours obligation; it is mandatory (“must”). The note provides the URL (www.greatoceanroadauthority.vic.gov.au). If the land manager fails to comply, it may face administrative or public law consequences, but the Regulations create no penalty for breach. The note does not form part of the regulation (see endnotes on interpretation).

Right of the land manager to waive or reduce fees: regulation 5(2) gives the land manager an unfettered discretion to waive or reduce a fee. No criteria are specified. This could be used for promotional discounts, for community groups, for hardship, or for any other reason. The discretion is not reviewable under the Regulations themselves, though it might be subject to general administrative law. The absence of criteria also creates uncertainty: a visitor cannot know in advance whether a waiver will be granted, and inconsistent decisions may lead to perceptions of unfairness.

Rights of exemption: the exemptions in regulation 6(2) are rights to enter without paying the fee. They operate as defences to the offence. A person who meets any of the exemptions (e.g., a traditional owner engaged in an agreed activity) has a right to enter without payment, and does not need to seek the land manager’s permission. However, the exemptions place the burden of proving the exemption on the person if challenged. For example, a person claiming to be a Crown servant may need to produce identification.

Right to know the fee: the land manager’s obligation to publish and display the fee means the public has a right to access that information. The Regulations do not say that a person is entitled to rely on the published fee as the only fee; if the land manager reduces the fee further without updating the website or signs, a person who pays the higher amount would have no recourse under the Regulations. The duty is only to publish the payable fee; it does not impose liability for overpayment.

No private right of action: the Regulations are a statutory instrument that creates an offence but does not confer a private right to sue for breach. A visitor who is wrongfully charged cannot enforce the Regulations in a civil claim for damages; the remedy would be to complain to the land manager or seek judicial review of an administrative decision.

The sole penalty provision is regulation 6(1): a person must not enter the Cape Otway Lightstation Precinct unless the entry fee (if any) for that person’s entry has been paid. The penalty is 5 penalty units. For the 2025‑26 financial year, 5 penalty units equals $1,017.55, rounded to $1,018 (under the rounding rule in the Monetary Units Act 2004 - a penalty is rounded to the nearest dollar). This is a relatively modest penalty, comparable to a parking fine. It suggests the offence is treated as a minor infraction rather than a serious crime.

The offence is likely a strict liability offence. The regulation does not include words such as “knowingly” or “intentionally”. Under section 39 of the Interpretation of Legislation Act 1984, statutory rules that do not specify a fault element are generally strict liability unless a contrary intention appears. This means a person can be liable even if they were unaware of the fee requirement, provided they entered the precinct. However, the exemptions in regulation 6(2) are complete defences. Also, the absence of signage or published fee might be relevant to whether the person had a reasonable excuse, though no such defence is written into the regulation. A court might imply a necessity for the land manager to have taken steps to make the fee known; but on the plain text, the duty to pay exists regardless.

Enforcement is likely by authorised officers under the National Parks Act 1975. The Regulations do not create a power to demand payment or to issue infringement notices; such powers would come from the parent Act or other legislation. The penalty is a maximum for a court upon conviction. The land manager may issue a warning, or a ranger may issue a verbal direction to leave.

The offence is per entry. A person who enters multiple times without paying commits a fresh offence each time. There is no cumulative penalty or daily penalty provision. The low penalty may not be a sufficient deterrent for repeat offenders, but the land manager could also seek to exclude individuals from the precinct under general park management powers.

The exemptions provide a list of circumstances where the offence is not contravened. These are not defences that need to be pleaded; they are part of the offence description. The burden is on the prosecution to prove entry; the person may then raise an exemption, which would be an evidential burden on the balance of probabilities if it is a defence, but since the exemption is drafted as “a person does not contravene subregulation (1) if…”, it is likely that the prosecution must negate the exemption beyond reasonable doubt if there is evidence to support it. This is a fine legal point that will depend on how the courts interpret this language.

The Regulations are made under section 48 of the National Parks Act 1975, which empowers the Governor in Council to make regulations for the purposes of that Act. Section 48 is a broad regulation‑making power. The Regulations are therefore subordinate to the National Parks Act and must be consistent with it. If the Regulations purported to do something beyond the scope of the Act, they would be invalid.

The Traditional Owner Settlement Act 2010 is incorporated by reference for three definitions: “agreed activity”, “traditional owner group”, and “traditional owner group entity”. The exemption in regulation 6(2)(a) directly invokes that Act. This means that the scope of the exemption will depend on the terms of any traditional owner group agreement that covers the precinct. If no such agreement exists, the exemption is inoperative. The Regulations do not create any new rights for traditional owners; they simply preserve existing rights under the 2010 Act.

The State Concessions Act 2004 defines “concession”. This is a dynamic cross‑reference: if that Act is amended to add or remove categories, the definition in the Regulations changes automatically. This is efficient but means a practitioner must check the current version of the State Concessions Act to know who qualifies for the concession rate.

The relevant land Act definition in regulation 4 incorporates several statutes: Crown Land (Reserves) Act 1978, Forests Act 1958, Land Act 1958, National Parks Act 1975, Wildlife Act 1975, Fisheries Act 1995, and a catch‑all for any other Act that provides for use, management or control of reserved land or land vested in a public authority. The exemption in regulation 6(2)(d) allows persons acting under a lease, licence, permit, authority, or agreement under any of these Acts to enter without paying the fee. This coordinates the Regulations with other statutory access regimes. For example, a person holding a firewood collection permit under the Forests Act would be exempt. A researcher with a scientific permit under the National Parks Act would also be exempt.

The Monetary Units Act 2004 governs the calculation of fees and penalties. The fee units in Schedule 1 and the penalty units in regulation 6 are converted to dollars using the annual values set by the Treasurer. Section 7 of that Act requires rounding to the nearest 10 cents for fees and nearest dollar for penalties. This means the actual dollar amounts will change each year automatically, without further amendment to the Regulations.

The Subordinate Legislation Act 1994 imposes a 10‑year sunset on these Regulations: they will automatically expire on 1 July 2035 unless remade. This is a standard provision for Victorian statutory rules. The land manager and the responsible Minister must consider whether to remake, amend, or let them lapse before that date.

The Sentencing Act 1991 is referenced in the explanatory details for the definition of penalty unit: section 110 of that Act provides the value of a penalty unit for the purposes of Victorian legislation.

The Regulations also interact with the general law of tort and contract. A person who enters without paying may be a trespasser if the land manager has revoked any implied licence to enter. The fee creates a contractual obligation if a person pays and is admitted; the land manager must then allow entry.

The version provided is Version No. 001, dated as at 1 July 2025. The endnotes state that there are no amendments made by statutory rules, subordinate instruments, or Acts. The Regulations were made on 1 July 2025 and commenced on the same day. Being a new instrument, there is no amendment history yet. Any future amendments would appear in a subsequent version. The Regulations are subject to the standard process under the Subordinate Legislation Act 1994: they can be amended by later statutory rules, and they will sunset on 1 July 2035. The fee unit values and penalty unit values will change annually by operation of the Monetary Units Act 2004, but that is not technically an amendment to the Regulations. The land manager can also change the actual fee payable (downwards) without amending the Regulations, as long as it remains within the caps.

There is no reported litigation concerning these Regulations. They came into force on 1 July 2025 and there is no mention of any court proceedings in the source. Any existing case law under the National Parks Act 1975 regarding entry fees, offences, or exemptions could be relevant by analogy, but the Regulations themselves are untested. Potential grounds for future challenge might include the adequacy of the definition of the precinct by reference to a plan (if the plan is inaccessible or ambiguous), the reasonableness of the fee as a restriction on access to public land (though it is authorised by statute), or the scope of the “servant or agent of the Crown” exemption. The exemption for those acting with the permission of a Crown servant or agent (regulation 6(2)(f)) is particularly broad and could be open to abuse or challenge if permission is granted informally. But for now, there is no litigation history.

The precinct is defined by an external plan. The definition of “Cape Otway Lightstation Precinct” is the area “shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./25-008”. This plan is not reproduced in the regulations. A visitor, legal practitioner, or even a ranger may need to locate that plan to determine exactly where the fee applies. The Central Plan Office is in Melbourne, under the Department of Environment, Land, Water and Planning. The plan might be available online, but its accessibility is not guaranteed. If the plan is lost, or if the boundary lines are ambiguous, enforcement becomes problematic.

No minimum fee; the land manager could set the fee at zero. Regulation 5(2) allows the land manager to waive or reduce a fee. The land manager could technically set the fee at $0 for all classes, making the precinct effectively free. The offence would then be meaningless because no fee is payable. This is not a gotcha in itself, but it creates uncertainty: the actual fee may vary over time at the land manager’s discretion, and there is no requirement to give notice of a change except the duty to update the website and signs. A person who visits regularly might find the fee has been introduced or increased without warning.

The family class is capped at three children. A family with four or more children cannot purchase a single family entry. They must pay the family rate plus an additional child fee for each extra child. The Regulations do not define “family” further; it could include step‑children, foster children, or other dependents. The land manager will have to develop a policy on what constitutes a “child” for this purpose.

No requirement for the land manager to provide a receipt or proof of payment. A person who pays the fee may have no documentary evidence of payment. If they leave the precinct and return later the same day, could they be required to pay again? The offence is per “entry”. The Regulations do not address re‑entry. A person might have to pay multiple times if they exit and re‑enter, unless the land manager provides a pass or wristband.

The exemption for persons acting with the permission of a person acting as a servant or agent of the Crown is potentially very broad. Regulation 6(2)(f) exempts anyone “acting with the permission of a person acting as a servant or agent of the Crown”. If a park ranger (a Crown servant) gives verbal permission to a friend to enter without paying, that friend is exempt. There is no restriction on who can grant permission or whether it must be in writing. This could be a loophole for abuse or for arbitrary dispensation. Similarly, regulation 6(2)(e) exempts persons acting under the direction of a Crown servant or agent. A tour group leader who is told by a ranger to “go on in” would be exempt.

The concession category uses a cross‑reference that may be narrower than expected. “Concession” means an eligible person under section 3 of the State Concessions Act 2004. That section defines eligibility for state concessions generally, but not all discount cards qualify. For example, a student card or a seniors card from another state may not meet the definition. A person who holds a “Seniors Card Victoria” might not be eligible for the concession rate unless that card is issued under the State Concessions Act. The land manager will need to decide which cards to accept, and the Regulations give no guidance.

The penalty for entering without paying is per person, per entry. If a group of 10 enters without paying, each person is liable for 5 penalty units, for a total of 50 penalty units (over $10,000). The land manager could choose to prosecute each person, not just the organiser. There is no provision for a “group penalty”.

No mechanism for refunds if a person overpays. If a person pays the adult fee but is actually a concession holder and does not realise, there is no right to a refund under the Regulations. The land manager may have a discretion to refund, but it is not obliged.

The signage requirement is imposed on the land manager, but the offence does not depend on it. Regulation 6 creates an absolute duty to pay the fee before entry. The land manager’s failure to display signs or publish the fee does not excuse the offence. A person who enters without seeing any sign and without knowing the fee amount can still be penalised. This is a harsh design, though a court may consider the absence of signage under the general defence of reasonable mistake of fact if the offence is not truly strict. But as drafted, it is a trap for the unwary.

The fee units and penalty units change annually without notice in the Regulations. A person who is familiar with the fee in one year may be surprised to find it has increased the next year. The land manager is required to publish the current fee, but the Regulations themselves do not signal the indexation. The explanatory details explain the mechanism, but that is not part of the operative text.

For a visitor to the Cape Otway Lightstation Precinct, compliance steps are:

1. Determine whether the person falls into one of the exempt categories (regulation 6(2)). If so, no fee is payable, but the person should carry evidence of the exemption (e.g., identification showing they are a Crown servant, or a copy of a permit under a relevant land Act).
2. If not exempt, identify the correct class of entry from Schedule 1: family, adult, concession, or child. Children under 5 years are free and do not need to pay.
3. Check the current daily entry fee on the Great Ocean Road Coast and Parks Authority website (www.greatoceanroadauthority.vic.gov.au) or at the entry signs. The fee will be in dollars, not fee units.
4. Pay the fee before entering. The Regulations do not specify a payment method; the land manager may accept cash, card, or online booking. Keep any receipt or proof of payment, particularly if re‑entry later in the day is possible.
5. If the visitor holds a concession card issued under the State Concessions Act 2004 (e.g., pensioner concession card, health care card), present it at the point of payment to receive the concession rate.
6. If the visitor believes the fee should be reduced or waived, contact the land manager in advance. There is no prescribed form; the land manager has full discretion.
7. When inside the precinct, be aware that the boundary is defined by a plan; the fee may apply only to a specific area that is not fully fenced. Remain on marked paths or within the area to avoid inadvertently entering without payment.

For the land manager (Great Ocean Road Coast and Parks Authority), compliance duties are:

1. Set the actual entry fees for each class of entry at or below the maximums in Schedule 1. Consider whether to set a single flat rate or to differentiate by season, time of day, or event. The fee can be changed at any time, provided the new fee does not exceed the cap.
2. Publish the payable fees on the website in a clear and accessible manner. The URL given in the note is www.greatoceanroadauthority.vic.gov.au.
3. Display signs or notices “in a place and in a manner likely to be seen by any persons entering” the precinct. This likely means at each entry point, at a height and with text size that is legible. The signs should state the current fee and perhaps how to pay. The Regulations do not require the signs to list the exemptions, but doing so would reduce disputes.
4. Decide on a policy for waiving or reducing fees. Although no criteria are mandated, having a clear policy (e.g., for school groups, for volunteers, for residents) reduces inconsistency and avoids allegations of arbitrary decision-making.
5. Enforce the offence: pursue prosecution or issue infringement notices (if authorised under other legislation) against persons who enter without paying. Ensure that authorised officers know the boundaries of the precinct and the evidentiary rules for proving entry.
6. Maintain the plan of the precinct and ensure it remains accessible. If the plan is amended or the precinct boundary changes, the Regulations would need to be amended or replaced.
7. Review the fee units each year when the Treasurer announces the new value, and update the dollar amounts on the website and signs accordingly. The same applies to penalty unit values if enforcing the penalty.

For a holder of a permit or lease under a relevant land Act, ensure that the permit or lease specifically authorises entry to the Cape Otway Lightstation Precinct. The exemption in regulation 6(2)(d) requires the person to be acting in accordance with the terms and conditions of that authority. If the permit does not cover that specific location, the exemption may not apply. Keep a copy of the permit or lease on hand.

For a traditional owner group member, ensure that the group entity has entered into a traditional owner group agreement that applies to the precinct, and that the entry is for the purpose of an “agreed activity” as defined in the Traditional Owner Settlement Act 2010. The member should have written confirmation from the entity that the agreement covers the precinct.

For a contractor working for the Crown, confirm that the contract with the Crown (or with a person acting as a servant or agent of the Crown) is in writing and that entry to the precinct is necessary for performance of the contract. The exemption is for persons acting under the contract, not for subcontractors or employees of the contractor, unless they are also acting as servants or agents of the Crown (unlikely). The contractor should ensure that its workers are covered by the contract exemption or obtain a separate waiver from the land manager.