National Parks Regulations 2024

Version No. 001

National Parks Regulations 2024

S.R. No. 76/2024

Version as at
30 August 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

Division 1—General 1

1 Objectives 1

2 Authorising provisions 2

3 Commencement 2

4 Revocations 2

5 Definitions 2

6 References to park 9

Division 2—Application of Regulations 10

7 Application of Regulations to permit holders etc. 10

8 Persons to whom offences under these Regulations do not apply unless otherwise specified 10

9 Application of these Regulations to traditional owner group members where land is subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010 11

10 Application of these Regulations to Aboriginal group members where land is not subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010 12

Division 3—Common provisions for determinations and permits 13

11 Determinations setting areas aside 13

12 Offence not to comply with conditions of determinations setting areas aside 15

13 Signs and notices 15

14 Offence to enter shaft, tunnel etc. in contravention of sign 16

15 Issuing of permits 16

16 Cancellation of a permit 17

17 Offence not to comply with terms and conditions of a permit 18

Part 2—Access to parks 19

18 Determination to temporarily close park 19

19 Offence to fail to comply with park closure under regulation 18 20

20 Areas where access is prohibited or restricted 20

21 Offence to enter prohibited or restricted access area 21

22 Entering and leaving parks 22

23 Power to give directions 22

24 Offence to disobey a direction 23

Part 3—Protection of animals and fish 24

25 Interfering with animals restricted 24

26 Certain hunting, taking or destroying of animals permitted in certain areas 24

27 Permits to interfere with animals other than fauna 26

28 Areas for collection of bait 27

29 Offering food etc. to animals prohibited 27

30 Areas for indigenous fish preservation 28

31 Fishing in preservation areas restricted 29

Part 4—Hunting and fishing equipment 30

32 Poisons prohibited 30

33 Traps prohibited 30

Part 5—Restrictions on bringing animals into parks 32

Division 1—Preliminary 32

34 Definitions 32

35 Application of this Part 32

Division 2—Restrictions on animals 32

36 Animals prohibited except in specified circumstances 32

37 Use of dogs for certain activities in certain areas permitted 33

38 Animal waste 34

39 Areas for animals 34

Division 3—Seizure or destruction of certain animals 34

40 Authorised officer may seize or destroy animals found at large 34

Part 6—Protection of natural features 36

Division 1—Vegetation 36

41 Interference with vegetation prohibited 36

42 Areas for collecting firewood 36

43 Areas for introducing firewood into parks 37

44 Introduction of vegetation prohibited 37

45 Planting vegetation prohibited 38

Division 2—Rocks and archaeological remains 38

46 Interfering with rocks or similar natural objects prohibited 38

47 Areas for the protection of cultural heritage, Aboriginal cultural heritage and shipwrecks 38

48 Offence to enter prohibited cultural heritage, Aboriginal cultural heritage or shipwreck area 39

49 Offence to enter restricted cultural heritage, Aboriginal cultural heritage or shipwreck area 39

Division 3—Soil and other materials 39

50 Digging or removal of material prohibited 39

51 Introduction of material prohibited 40

Division 4—Caves 40

52 Interference with cave structures and facilities 40

53 Permits to enter caves within restricted or prohibited access areas 41

Part 7—Recreation, safety and amenity 42

Division 1—Sport, recreational activities and events 42

54 Areas where sport or recreational activities prohibited or restricted 42

55 Permits for sport and recreational activities 43

56 Organised events restricted 43

57 Permits for organised events 44

58 Areas for snow sports 44

Division 2—Specific provisions for Lysterfield Park 45

59 Application of Division 45

60 Fishing prohibited 45

61 Swimming prohibited 45

62 Areas where swimming may be allowed 45

Division 3—Public safety 46

63 Areas where glass bottles, containers or utensils prohibited 46

Division 4—Amenity 46

64 Use or operation of certain devices or equipment that produce noise 46

65 Setting aside areas where devices or equipment that produce noise may be operated 47

66 Advertising, soliciting, public speaking etc. restricted 47

67 Permits for advertising and soliciting 48

68 Areas where liquor prohibited 48

Part 8—Buildings and structures 49

69 Erection or construction of buildings, structures etc. prohibited 49

70 Entry, occupation and use of buildings or structures restricted 49

71 Interfering with structures etc. prohibited 50

Part 9—Camping and camp fires 51

Division 1—Camping areas 51

72 Areas for camping 51

73 Camping must be in certain areas 51

74 Restrictions on camping 51

Division 2—Occupation sites 52

75 General requirements for occupation sites 52

Division 3—Camp fires 53

76 Lighting or maintaining fires restricted 53

Part 10—Protection of water supply catchments and water bodies 55

Division 1—Interpretation 55

77 Definitions 55

78 Additional water supply catchment areas 55

Division 2—Specified water supply catchment areas 56

79 Access to specified water supply catchment area prohibited 56

80 Areas where access may be allowed 56

81 Permits to access a specified water supply catchment area 56

Division 3—Water supply catchment areas 56

82 Interference with water in water supply catchment area 56

Division 4—Provisions for all water bodies 57

83 Appropriate disposal of human waste 57

84 Using soap or detergent near water bodies 58

Part 11—Vehicles, vessels and aircraft 59

Division 1—Vehicles 59

85 Areas in which wheel chains must be carried during snow season 59

86 Requirement to fit wheel chains 59

87 Snow season 60

88 Days on which wheel chains are not required for day visitors 60

Division 2—Vessels 61

89 Areas where using vessels restricted or prohibited 61

Division 3—Aircraft 62

90 Operating aircraft prohibited 62

Part 12—Approvals for Point Hicks Marine National Park 64

91 Definition 64

92 Conditions of Minister's approval 64

93 Method of notifying the Minister 65

Part 13—Access to Cape Howe Marine National Park 66

94 Definitions 66

95 Prescribed area and prohibition on being in charge of certain boats 66

═════════════

Endnotes 69

1 General information 69

2 Table of Amendments 71

3 Explanatory details 72

Version No. 001

National Parks Regulations 2024

S.R. No. 76/2024

Version as at
30 August 2024

Part 1—Preliminary

Division 1—General

1 Objectives

The objectives of these Regulations are—

(a) to provide for the management and control of parks and to regulate or prohibit certain conduct in relation to parks, so as to promote—

(i) the preservation and protection of parks, flora, fauna and indigenous fish, cultural heritage and various other landscape features of, and facilities in, parks; and

(ii) the protection of designated water supply catchment areas and other water supply catchment areas; and

(iii) the safety, enjoyment, recreation and education of visitors to parks; and

(b) to prescribe penalties for contravention of requirements in relation to occupation sites; and

(c) to prescribe an area in Cape Howe Marine National Park in which a prescribed class of boat is prohibited; and

(d) to prescribe the conditions for ministerial approvals under section 45B of the National Parks Act 1975; and

(e) to prescribe other matters necessary or required to be prescribed under the National Parks Act 1975.

2 Authorising provisions

These Regulations are made under sections 32AA, 37 and 48 of the National Parks Act 1975.

3 Commencement

These Regulations come into operation on 30 August 2024.

4 Revocations

The following Regulations are revoked—

(a) the National Parks Regulations 2013[1];

(b) the National Parks Amendment Regulations 2015[2];

(c) the National Parks Amendment Regulations 2017[3];

(d) the National Parks Amendment Regulations 2018[4];

(e) the National Parks Amendment (Fisheries) Regulations 2020[5];

(f) the National Parks Amendment (Safety) Regulations 2020[6].

5 Definitions

(1) In these Regulations—

Aboriginal cultural heritage has the same meaning as it has in the Aboriginal Heritage Act 2006;

Aboriginal group member, in relation to an area of a park, means an Aboriginal person who is—

(a) one of the native title holders (within the meaning of the Native Title Act 1993 of the Commonwealth) in relation to the area; or

(b) a group of persons to whom paragraph (c) of the definition of traditional owner group in the Traditional Owner Settlement Act 2010 applies;

Aboriginal person means a person belonging to the indigenous peoples of Australia and any descendants of those peoples;

Aboriginal tradition means any tradition, observance, custom or belief that is part of the body of traditions, observances, customs or beliefs—

(a) of Aboriginal people generally or of a particular community or group of Aboriginal people; and

(b) that relate to particular persons, areas, objects or relationships;

additional water supply catchment area means an area set aside under regulation 78;

agreed activity has the same meaning as it has in section 79 of the Traditional Owner Settlement Act 2010;

aircraft, whether piloted or remote controlled, includes the following—

(a) an aeroplane;

(b) a glider;

(c) a hang glider;

(d) a helicopter;

(e) a hot air balloon;

(f) a model aircraft;

(g) a parachute;

(h) a paraglider;

(i) a remotely piloted aircraft;

animal means any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

appropriate authorisation, in relation to hog deer, wild duck or stubble quail, means—

(a) a game licence issued under section 22A of the Wildlife Act 1975; or

(b) an authorisation to hunt, take or destroy wildlife given under section 28A(1)(a) of that Act for a purpose specified in section 28A(1)(d) or (h) of that Act; or

(c) an authorisation order to hunt, take or destroy wildlife made under section 28G(1)(a) of that Act;

camp means to do any of the following for accommodation purposes, whether occupied or not—

(a) erect, occupy or use a tent, tarpaulin or any form of accommodation, shelter or temporary structure;

(b) use a swag or sleeping bag;

(c) leave in a park a vehicle, vessel or other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

Cape Conran duck hunting area means the part of Cape Conran Coastal Park that is shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑031;

cultural heritage has the same meaning as it has in the Heritage Act 2017;

fauna has the same meaning as it has in the Flora and Fauna Guarantee Act 1988 but does not include fish;

fireplace means a facility or device constructed of stone, metal, concrete or other non‑flammable material that is for the lighting and maintaining of fires;

Fishery Access Licence means an access licence of a class created under section 38 of the Fisheries Act 1995 and the regulations made under that Act;

flora has the same meaning as it has in the Flora and Fauna Guarantee Act 1988;

Gippsland Lakes duck and stubble quail hunting area means those parts of the Gippsland Lakes Coastal Park that are shown hatched and cross‑hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑032;

Gippsland Lakes hog deer hunting area means—

(a) those parts of the Gippsland Lakes Coastal Park that are shown cross‑hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑032; and

(b) those parts of the Gippsland Lakes Coastal Park on the northern side of Lake Reeve between the high water mark of the lake and the park boundary;

horse includes any animal capable of being ridden or carrying a load;

hunt has the same meaning as it has in the Wildlife Act 1975;

indigenous fish means any kind or species of fish indigenous to Victoria;

indigenous fish preservation area means an area set aside by the land manager under regulation 30;

Lake Albacutya hunting area means the part of Lake Albacutya Park that is shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑033;

land manager means—

(a) in relation to land for which an appointment has been made under section 16C of the Act, the Great Ocean Road Coast and Parks Authority; or

(b) in relation to any other land managed under the Act, Parks Victoria;

liquor has the same meaning as it has in the Liquor Control Reform Act 1998;

litter has the same meaning as it has in section 112 of the Environment Protection Act 2017;

motorised wheelchair means a wheelchair propelled by a motor that is—

(a) capable of a speed of not more than 10 kilometres per hour; and

(b) designed solely for the conveyance of a person with mobility difficulties;

occupation site means a building, camping place or other facility erected, set apart or provided in a park in relation to which the land manager may grant a permit under section 21(1) of the Act;

prohibited access area means an area set aside by the land manager under regulation 20(1)(a);

public fireplace means a fireplace provided in a park for the general use of visitors;

skiing includes snowboarding;

snow season means—

(a) the period commencing on 1 June in a year and ending on 31 October in that year; or

(b) if the land manager has declared an alternative period under regulation 87, the period so declared;

the Act means the National Parks Act 1975;

timber has the same meaning as it has in the Forests Act 1958;

traditional owner group has the same meaning as it has in section 3 of the Traditional Owner Settlement Act 2010;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as it has in section 3 of the Traditional Owner Settlement Act 2010;

vegetation means any alga, fungus or flora or part of an alga, fungus or flora, in any stage of biological development and whether alive or dead;

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal‑powered vehicle, trailer, tram‑car and air‑cushion vehicle but does not include—

(a) a railway locomotive or railway rolling stock; or

(b) an aircraft; or

(c) a non‑motorised wheelchair or other non‑motorised device designed solely for the conveyance of a person with mobility difficulties; or

(d) a motorised wheelchair; or

(e) a pram, stroller or other non‑motorised device designed or used for the conveyance of children;

vessel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

website means the Internet site of the land manager.

Note

The web address for the Parks Victoria Internet site is www.parks.vic.gov.au.

The web address for the Great Ocean Road Coast and Parks Authority Internet site is www.greatoceanroadauthority.vic.gov.au.

(2) In these Regulations, a park specified in Column 1 of the following Table means the park described in the Part of the Schedule to the Act specified in the corresponding entry in Column 2 of that Table.

Table

6 References to *park*

In these Regulations, except where otherwise expressly provided, a reference to park includes a reference to—

(a) any land managed under section 32AA of the Act; and

(b) a part of a road in respect of which regulations may be made under section 48(4) of the Act.

Note

In addition to the land referred to in this regulation, certain land managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority under section 19AA, 19A, 19B, 19C, 19D or 19E of the Act may also be subject to these Regulations.

An Order under section 19F of the Act may also make certain land subject to these Regulations.

Division 2—Application of Regulations

7 Application of Regulations to permit holders etc.

A person acting under and in accordance with the terms and conditions of any lease, licence, permit, authorisation, consent or other authority granted under the Act, or an agreement entered into under the Act, is not subject to these Regulations to the extent that the activities authorised by the lease, licence, permit, authorisation, consent, other authority or agreement are inconsistent with these Regulations.

8 Persons to whom offences under these Regulations do not apply unless otherwise specified

These Regulations, other than regulations 23, 40 and 86(1), do not apply to a person who—

(a) is acting as a servant or agent of the Crown; or

(b) is acting under and in accordance with a contract with—

(i) the Crown; or

(ii) a person acting as a servant or agent of the Crown; or

(c) is acting under the direction of a person acting as a servant or agent of the Crown; or

(d) is acting with the permission of a person acting as a servant or agent of the Crown; or

(e) is an authorised officer acting in the course of the authorised officer's duties.

9 Application of these Regulations to traditional owner group members where land is subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

(1) If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in the Table in subregulation (2)) that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which that agreement applies.

(2) For the purpose of subregulation (1), the following Table sets out the specified provisions and the extent to which that provision applies to a member of the traditional owner group.

Table

10 Application of these Regulations to Aboriginal group members where land is not subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

An Aboriginal group member, when undertaking an Aboriginal tradition on land in a park that is not land over which there is an agreement under Part 6 of the Traditional Owner Settlement Act 2010, is exempt from these Regulations, other than the provisions set out in Column 1 of the following Table to the extent set out in Column 2 of the following Table.

Table

Division 3—Common provisions for determinations and permits

11 Determinations setting areas aside

(1) A set aside determination must be in writing and must specify the date on which it is made.

(2) A set aside determination may specify—

(a) that it applies to the whole or a specified area of a park; and

(b) that it applies on specified days or times or for specified periods; and

(c) that it applies to a person or class of person; and

(d) any conditions subject to which the activity or conduct specified in the set aside determination must or must not be carried out; and

(e) if a permit is required to undertake the activity or conduct that is permitted, required, restricted or prohibited.

(3) If the land manager makes a set aside determination under these Regulations, the land manager must, as soon as practicable after making the determination—

(a) cause signs or notices of the determination
to be displayed in accordance with regulation 13; and

(b) publish the determination on the land manager's website.

(4) In this regulation, set aside determination means a determination made under the following—

(a) regulation 20(1);

(b) regulation 28(1);

(c) regulation 30(1);

(d) regulation 39;

(e) regulation 42(1);

(f) regulation 43;

(g) regulation 47(1) and (2);

(h) regulation 54(1);

(i) regulation 58(1);

(j) regulation 62;

(k) regulation 63(1);

(l) regulation 65;

(m) regulation 68(1);

(n) regulation 72;

(o) regulation 76(2);

(p) regulation 78;

(q) regulation 80;

(r) regulation 85(1);

(s) regulation 89(1);

(t) regulation 90(3).

12 Offence not to comply with conditions of determinations setting areas aside

A person who enters or engages in an activity or conduct in an area set aside by a determination under these Regulations, other than a determination under regulation 89(1) or 90(3), must comply with any conditions specified in the determination applying to that area.

Penalty: 10 penalty units.

Note

Regulations 89(2) and 90(2) provide separate offences for failing to act in accordance with a determination setting an area aside under regulation 89(1) or 90(3).

13 Signs and notices

(1) If the land manager makes a determination under these Regulations and is required to display a sign or notice in relation to that determination, that sign or notice must—

(a) be displayed in a place and manner that is likely to be seen by any person affected by the determination; and

Example

A sign may be placed at each entry to an area determined to be set aside.

(b) identify in words or symbols any activity that is prohibited, restricted or permitted in the area under the determination; and

(c) either—

(i) specify the conditions of the activities that are prohibited, restricted or permitted; or

(ii) specify by reference to a determination published under regulation 11(3)(b) the activity that is prohibited, restricted or permitted and any conditions that apply to carrying out that activity.

(2) If the land manager revokes or amends a determination made under these Regulations, the land manager must as soon as practicable cause any sign or notice that has been displayed under these Regulations to be removed or amended to reflect the revocation or amendment of that determination.

14 Offence to enter shaft, tunnel etc. in contravention of sign

(1) The land manager may erect a sign or notice that specifies that entry to any shaft, underground tunnel or magazine, building or fortification in a park is prohibited.

(2) A person must not enter an area contrary to any sign or notice erected under subregulation (1).

Penalty: 10 penalty units.

15 Issuing of permits

(1) If the land manager is authorised to issue a permit under these Regulations, the permit must specify—

(a) the purpose of the permit; and

(b) the date on which the permit commences; and—

(i) the period for which the permit is valid; or

(ii) the date on which the permit expires; and

(c) any conditions imposed under subregulation (2).

(2) A land manager issuing a permit under these Regulations may impose conditions on that permit.

(3) A permit issued under these Regulations must be in writing.

16 Cancellation of a permit

(1) The land manager may cancel a permit issued under these Regulations at any time—

(a) if the holder of the permit has—

(i) contravened a condition of the permit; or

(ii) contravened these Regulations; or

(b) if the continuation of the permit is likely to be detrimental to or interfere with the management and protection of the natural environment, features, or visitors in a park; or

(c) for the purposes of park management.

(2) Before cancelling a permit, the land manager must—

(a) notify the holder that the land manager proposes to cancel the permit; and

(b) allow the holder of the permit an opportunity to make either oral or written submissions about the proposed cancellation.

(3) For the purposes of subregulation (2)(b), the holder of the permit must make any submission within the period specified in the notice, which must not be less than 14 days after the date the notice is issued.

(4) In making a decision as to whether or not to cancel a permit, the land manager must have regard to any submission made under subregulation (2)(b) within the period specified in the notice.

(5) On cancellation of a permit under subregulation (1), the land manager must notify the holder of the permit of the cancellation of the permit within 7 days after the cancellation.

(6) The cancellation of a permit under subregulation (1) comes into effect when the holder of the permit is notified of that cancellation in accordance with subregulation (5).

17 Offence not to comply with terms and conditions of a permit

The holder of a permit issued under these Regulations must comply with any terms and conditions of that permit.

Penalty: 10 penalty units.

Part 2—Access to parks

18 Determination to temporarily close park

(1) The land manager by determination may temporarily close a park or an area of a park to the public—

(a) in the event of flood, fire, natural disaster or other emergency; or

(b) in anticipation of flood, fire, natural disaster or other emergency.

(2) The land manager must not make a determination under subregulation (1) unless the land manager considers the determination is necessary because of risk, or likely risk, to public safety or public health within the park.

(3) The land manager must, as soon as practicable after making a determination under subregulation (1), publish notice of the determination—

(a) in the Government Gazette; and

(b) on the land manager's website.

(4) A determination made under subregulation (1) remains in force for 21 days after it is made, unless revoked earlier by the land manager under subregulation (5).

(5) If the land manager considers the risk, or likely risk, that led to the determination being made under subregulation (1) no longer applies to the park specified in the determination, the land manager must revoke the determination.

(6) The land manager must, as soon as practicable after a determination has been revoked under subregulation (5), publish notice of the revocation—

(a) in the Government Gazette; and

(b) on the land manager's website.

19 Offence to fail to comply with park closure under regulation 18

A person must not enter or remain in a park to which a determination under regulation 18 applies.

Penalty: 20 penalty units.

20 Areas where access is prohibited or restricted

(1) The land manager by determination may set aside a specified area of a park—

(a) as an area to which access for a person or class of persons is prohibited without a permit; or

(b) as an area to which access for a person or class of persons is restricted without a permit.

(2) The land manager must not make a determination under subregulation (1) unless the land manager considers the determination is necessary for the purposes of—

(a) the preservation, protection or management of the park; or

(b) public safety within the park; or

(c) the undertaking of cultural activities by a member of a traditional owner group that is represented by the traditional owner group entity for which the area has been set aside.

(3) Without limiting regulation 11(2), a determination under subregulation (1)(b) may specify—

(a) the maximum number of persons who may enter the area subject to the determination; and

(b) the activities that may be undertaken by persons who may access the area of the park subject to the determination.

Example

An area may be set aside for the access of bird‑watchers to participate in bird‑watching.

(4) The land manager may issue a permit to a person to access an area of a park that has been prohibited or restricted under subregulation (1).

21 Offence to enter prohibited or restricted access area

(1) A person other than a person to whom a permit has been issued under regulation 20(4) or 53 must not enter or remain in an area set aside under regulation 20(1)(a).

Penalty: 10 penalty units.

(2) A person other than a person to whom a permit has been issued under regulation 20(4) or 53 must not enter or remain in an area set aside under regulation 20(1)(b) for a purpose specified in regulation 20(2)(a) or (b) unless that person does so in accordance with the determination under which the area is set aside.

Penalty: 10 penalty units.

(3) A person must not enter or remain in an area set aside under regulation 20(1)(b) for a purpose specified in regulation 20(2)(c) unless that person does so in accordance with the determination under which the area is set aside and that person—

(a) has been issued in writing an invitation from the traditional owner group entity to attend the cultural activity; or

(b) is a member of the traditional owner group for which the area has been set aside.

Penalty: 10 penalty units.

22 Entering and leaving parks

A person must not enter or leave a park or part of a park by climbing over or through or breaching any fence or locked gate.

Penalty: 5 penalty units.

23 Power to give directions

(1) An authorised officer or an appointed employee may direct a person—

(a) to leave a park or an area of a park; or

(b) if it appears unsafe to leave a park or an area of a park, to remain in the park or the area of the park.

(2) A direction given under subregulation (1)(a) may include a direction not to re‑enter the park or an area of the park for a specified period not exceeding 24 hours.

(3) An authorised officer must not give a direction under subregulation (1) unless the authorised officer reasonably believes the direction is necessary for any of the following purposes—

(a) the safety of persons within the park;

(b) the care, protection or management of the park.

(4) An appointed employee must not give a direction under subregulation (1) unless an authorised officer is not available, and the appointed employee reasonably believes the direction is necessary for the safety of persons within the park.

(5) The land manager, in writing, may appoint an employee of the land manager as an appointed employee for the purposes of this regulation.

(6) In this regulation—

appointed employee means a person appointed under subregulation (5).

24 Offence to disobey a direction

(1) A person to whom a direction is given under regulation 23(1) to leave or remain in a park or an area of a park must comply with that direction.

Penalty: 20 penalty units.

(2) A person to whom a direction is given under regulation 23(2) to not re‑enter a park or an area of a park within a period specified in the direction must comply with that direction.

Penalty: 20 penalty units.

Part 3—Protection of animals and fish

25 Interfering with animals restricted

(1) Subject to regulations 26 and 37, a person must not, in a park, disturb, harass, remove, hunt, capture, take, kill, injure or otherwise destroy or interfere with any animal unless that person does so in accordance with subregulation (3).

Penalty: 20 penalty units.

(2) Subject to regulations 26 and 37, a person must not, in a park, destroy, disturb or interfere with the nest, bower, display mound, lair or burrow of any animal unless that person does so in accordance with subregulation (3).

Penalty: 20 penalty units.

(3) A person may undertake an activity prohibited by subregulation (1) or (2) if the person is acting in accordance with—

(a) a permit issued under regulation 27; or

(b) a determination under regulation 28.

26 Certain hunting, taking or destroying of animals permitted in certain areas

(1) A person may hunt, take or destroy duck or stubble quail in the Gippsland Lakes duck and stubble quail hunting area, if—

(a) the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; and

(b) if the person is possessing, carrying and using a firearm to do so, the person is acting in accordance with—

(i) a permit to carry the firearm under section 37 of the Act, if so required; and

(ii) a licence under Part 2 of the Firearms Act 1996 authorising the possession, carriage and use of that firearm.

(2) A person may hunt, take or destroy hog deer in the Gippsland Lakes hog deer hunting area, if—

(a) the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; and

(b) if the person is possessing, carrying and using a firearm to do so, the person is acting in accordance with—

(i) a permit to carry the firearm under section 37 of the Act, if so required; and

(ii) a licence under Part 2 of the Firearms Act 1996 authorising the possession, carriage and use of that firearm.

(3) A person may hunt, take or destroy duck in the Cape Conran duck hunting area, if—

(a) the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; and

(b) if the person is possessing, carrying and using a firearm to do so, the person is acting in accordance with—

(i) a permit to carry the firearm under section 37 of the Act, if so required; and

(ii) a licence under Part 2 of the Firearms Act 1996 authorising the possession, carriage and use of that firearm.

(4) A person may hunt, take or destroy duck in the Lake Albacutya hunting area, if—

(a) the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; and

(b) if the person is possessing, carrying and using a firearm to do so, the person is acting in accordance with—

(i) a permit to carry the firearm under section 37 of the Act, if so required; and

(ii) a licence under Part 2 of the Firearms Act 1996 authorising the possession, carriage and use of that firearm.

(5) A person may hunt, take or destroy rabbits, foxes or cats in the Lake Albacutya hunting area if the person is possessing, carrying and using a firearm to do so, and the person is acting in accordance with—

(a) a permit to carry the firearm under section 37 of the Act, if so required; and

(b) a licence under Part 2 of the Firearms Act 1996 authorising the possession, carriage and use of that firearm.

27 Permits to interfere with animals other than fauna

(1) The land manager may issue a permit to a person to engage in an activity in a park that is prohibited by regulation 25 in relation to an animal other than fauna.

(2) A permit issued under subregulation (1) may include a condition that authorises the holder of the permit to do any of the following in connection with the activity authorised under the permit—

(a) possess, carry or use a poison specified in the permit that the person is otherwise authorised to possess, carry or use;

(b) possess, carry or use a trap, net, snare or similar equipment specified in the permit that the person is otherwise authorised to possess, carry or use;

(c) bring any animal into the park that the person is otherwise authorised to bring into the park.

28 Areas for collection of bait

(1) The land manager by determination may set aside an area of a relevant park as an area for the collection of animals by a hand operated bait pump for use as bait.

(2) In this regulation—

relevant park means any park, or part of a park, other than—

(a) a marine national park; or

(b) a marine sanctuary; or

(c) an indigenous fish preservation area.

29 Offering food etc. to animals prohibited

(1) A person must not, in a park, feed any animal.

Penalty: 10 penalty units.

(2) A person must not, in a park—

(a) offer food or offer any object as food to any animal; or

(b) allow any food in the person's possession to be taken by any animal.

Penalty: 10 penalty units.

(3) A person does not contravene subregulation (1) or (2) by feeding, offering food or offering any object as food to an assistance animal, assistance dog or any animal that the person has brought into the park in accordance with Part 5.

Note

Part 5 allows certain animals to be brought into parks in certain circumstances.

30 Areas for indigenous fish preservation

(1) The land manager by determination may set aside an area of a relevant park as an area for the preservation of indigenous fish.

Note

An area set aside under subregulation (1) is defined in regulation 5(1) as an indigenous fish preservation area.

(2) A determination under subregulation (1) may specify a type of fishing equipment that a person may use to take or attempt to take fish in the indigenous fish preservation area.

(3) If a determination under subregulation (1) specifies a type of fishing equipment for the purposes of subregulation (2), the land manager must erect or display a sign or notice at or near the indigenous fish preservation area indicating the type of fishing equipment that may be used to take or attempt to take fish in that area.

(4) In this regulation—

relevant park means any park other than—

(a) a marine national park; or

(b) a marine sanctuary.

31 Fishing in preservation areas restricted

A person must not take or attempt to take fish in an indigenous fish preservation area unless that person is using a type of fishing equipment that is specified in a determination under regulation 30 in relation to that area.

Penalty: 20 penalty units.

Notes

1 These Regulations do not restrict fishing in areas other than indigenous fish preservation areas, Lysterfield Park (see regulation 60) or water supply catchment areas (see regulation 82).

2 Section 45A of the Act prohibits fishing in marine national parks and marine sanctuaries.

Part 4—Hunting and fishing equipment

32 Poisons prohibited

A person must not possess, carry or use any poison in a park unless the person is authorised to possess, carry or use the poison by a permit issued under regulation 27(1).

Penalty: 20 penalty units.

33 Traps prohibited

(1) Subject to subregulations (2), (3) and (4), a person must not possess, carry or use any trap, snare, net or similar equipment in a park.

Penalty: 20 penalty units.

(2) A person may possess or carry in a marine national park or marine sanctuary any of the following recreational fishing equipment—

(a) a dip net;

(b) a landing net;

(c) in the case of marine waters seaward of the high water mark, a recreational hoop net;

(d) in any other case, not more than 3 recreational hoop nets.

Note

Section 45A of the Act prohibits fishing in marine national parks and marine sanctuaries.

(3) A person may possess, carry or use in an indigenous fish preservation area any of the following recreational fishing equipment—

(a) a dip net;

(b) a landing net;

(c) not more than 3 recreational hoop nets.

(4) A person may possess, carry or use a trap, snare, net or similar equipment in a park if the person is authorised to possess, carry or use the trap, snare, net or other equipment by a permit issued under regulation 27(1).

(5) In this regulation—

dip net has the same meaning as in regulation 5 of the Fisheries Regulations 2019[7];

landing net has the same meaning as in regulation 5 of the Fisheries Regulations 2019;

recreational hoop net has the same meaning as in regulation 5 of the Fisheries Regulations 2019.

Part 5—Restrictions on bringing animals into parks

Division 1—Preliminary

34 Definitions

In this Part—

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

assistance dog has the same meaning as in the Equal Opportunity Act 2010.

35 Application of this Part

Nothing in this Part, other than regulation 38, applies to an assistance animal or an assistance dog.

Division 2—Restrictions on animals

36 Animals prohibited except in specified circumstances

(1) A person must not bring an animal into a park or allow an animal to enter or remain in a park unless a person does so in accordance with subregulation (2).

Penalty: 15 penalty units.

(2) A person may bring an animal into a park if—

(a) the animal is brought into the park in accordance with a permit issued under regulation 27(1) that includes a condition referred to in regulation 27(2)(c); or

(b) the animal is brought into an area of the park set aside under regulation 39; or

(c) the animal is confined in a vehicle being driven through the park; or

(d) the animal is a dog being brought into an area referred to in regulation 26 for the purpose of using the dog in accordance with regulation 37; or

(e) in the case of a horse, the horse is brought onto or allowed to enter and remain on a road or track in the park that is open to motor vehicles; or

(f) in the case of either of the following, the animal is confined in a vessel—

(i) in a marine national park or marine sanctuary; or

(ii) on land described in Schedule Four to the Act that is covered by water.

(3) If a horse is brought into a park or allowed to enter or remain in a park under subregulation (2)(e) by means of a bridal, lead rope, leash, chain or cord, that bridal, lead rope, leash, chain or cord must not exceed 10 metres.

37 Use of dogs for certain activities in certain areas permitted

A person may use a dog for the purpose of—

(a) hunting, flushing or retrieving duck or stubble quail in the Gippsland Lakes duck and stubble quail hunting area, if the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; or

(b) hunting, flushing or retrieving duck in the Cape Conran duck hunting area, if the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; or

(c) hunting, flushing or retrieving duck in the Lake Albacutya hunting area, if the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975; or

(d) hunting, flushing or retrieving rabbits, foxes or cats in the Lake Albacutya hunting area, if the person is doing so in accordance with an appropriate authorisation under the Wildlife Act 1975.

38 Animal waste

(1) Subject to subregulation (2), a person who brings an animal into a park must—

(a) collect and remove from the park any faeces deposited by the animal; or

(b) ensure that any faeces deposited by the animal are placed in a receptacle provided in the park for that purpose.

Penalty: 10 penalty units.

(2) Subregulation (1) does not apply to a person riding a horse on a road or track open to motor vehicles.

39 Areas for animals

The land manager by determination may set aside an area of a park as an area into which animals may be brought.

Division 3—Seizure or destruction of certain animals

40 Authorised officer may seize or destroy animals found at large

(1) An authorised officer may seize an animal other than fauna and deliver it to a member of staff of the municipal council within whose municipal district the park is situated or other appropriate person or body if that authorised officer is satisfied on reasonable grounds that—

(a) the animal has been brought into or allowed to enter or to remain in a park in contravention of these Regulations; and

(b) the animal has been found at large in the park.

(2) If an authorised officer has made reasonable attempts to seize an animal referred to in subregulation (1) and has been unable to do so, an appropriate authorised officer may shoot or otherwise destroy the animal speedily and humanely.

(3) In subregulation (2)—

appropriate authorised officer means an authorised officer who is authorised under section 37(1) of the Act to use a gun in a park.

Part 6—Protection of natural features

Division 1—Vegetation

41 Interference with vegetation prohibited

(1) Subject to subregulation (2) and regulation 42, a person must not cut, fell, pick, remove, take, damage or destroy any vegetation in a park.

Penalty: 20 penalty units.

(2) A person who is hunting duck in the Gippsland Lakes duck and stubble quail hunting area and acting in accordance with an appropriate authorisation may cut, fell, pick, remove, take, damage or destroy any vegetation in that area if the person is authorised to do so by a permit issued under subregulation (3).

(3) The land manager may issue a permit to a person to cut vegetation in the Gippsland Lakes duck and stubble quail hunting area for the purpose of establishing a duck hide.

42 Areas for collecting firewood

(1) For the purposes of section 44A(3)(b) of the Act, the land manager by determination may set aside an area of a park where fallen or felled trees may be cut and taken away for use as firewood within the park.

(2) For the purposes of section 44A(3)(b) of the Act, a person may cut or take away fallen or felled trees from any area determined under subregulation (1) if the person—

(a) cuts no more than 0⸱25 cubic metres of fallen or felled trees per day; and

(b) does not remove the fallen or felled trees from the park from which they are taken or cut.

43 Areas for introducing firewood into parks

The land manager by determination may set aside an area of a park where firewood may be brought into the park for use as firewood within the area.

Note

Regulation 76 prohibits the lighting and maintaining of fires in parks in certain circumstances.

44 Introduction of vegetation prohibited

(1) A person must not knowingly bring vegetation into a park unless the person does so in accordance with subregulation (2).

Penalty: 20 penalty units.

(2) A person may bring vegetation into a park if—

(a) the vegetation is a manufactured wooden object; or

(b) the vegetation—

(i) is firewood; and

(ii) is brought into an area set aside under regulation 43.

(3) In this regulation—

firewood means timber or wood products that are—

(a) free of chemical additives; and

(b) otherwise suitable for burning as firewood;

manufactured wooden object includes a wooden vessel, a wooden fishing rod and a wooden walking stick.

45 Planting vegetation prohibited

A person must not plant any vegetation in a park.

Penalty: 20 penalty units.

Division 2—Rocks and archaeological remains

46 Interfering with rocks or similar natural objects prohibited

(1) A person must not damage, deface, remove or otherwise interfere with any rock or similar natural object in a park.

Penalty: 20 penalty units.

(2) A person does not contravene subregulation (1) if the person is acting under and in accordance with a levee maintenance permit issued under Part 5AA of the Water Act 1989.

47 Areas for the protection of cultural heritage, Aboriginal cultural heritage and shipwrecks

(1) The land manager by determination may set aside an area of a park as an area to which access is prohibited for the purposes of the protection of—

(a) cultural heritage; or

(b) Aboriginal cultural heritage; or

(c) shipwrecks.

(2) The land manager by determination may set aside an area of a park as an area to which access is restricted for the purposes of the protection of—

(a) cultural heritage; or

(b) Aboriginal cultural heritage; or

(c) shipwrecks.

48 Offence to enter prohibited cultural heritage, Aboriginal cultural heritage or shipwreck area

A person, other than a person to whom a permit has been issued under regulation 20(4) or 53, must not enter or remain in an area set aside under regulation 47(1).

Penalty: 20 penalty units.

49 Offence to enter restricted cultural heritage, Aboriginal cultural heritage or shipwreck area

A person, other than a person to whom a permit has been issued under regulation 20(4) or 53, must not enter or remain in an area set aside under regulation 47(2) unless they do so in accordance with the determination.

Penalty: 15 penalty units.

Division 3—Soil and other materials

50 Digging or removal of material prohibited

(1) A person must not dig or remove from a park any gravel, shell, grit, sand, soil or other similar material.

Penalty: 20 penalty units.

(2) A person does not contravene subregulation (1) by—

(a) depositing or burying faeces in accordance with regulation 83; or

(b) using a hand operated bait pump to take bait for fishing in accordance with a determination under regulation 28(1); or

(c) engaging in an activity set out in subregulation (1) under and in accordance with a levee maintenance permit issued under Part 5AA of the Water Act 1989.

51 Introduction of material prohibited

(1) A person must not knowingly bring into a park any gravel, shell, grit, sand, soil or other similar material.

Penalty: 20 penalty units.

(2) A person does not contravene subregulation (1) by engaging in an activity referred to in subregulation (1) under and in accordance with a levee maintenance permit issued under Part 5AA of the Water Act 1989.

Division 4—Caves

52 Interference with cave structures and facilities

(1) A person must not enter a cave in a park unless—

(a) the person enters the cave as part of a group on a guided tour provided by the land manager or the holder of a tour operator licence; or

(b) the person enters or remains in the cave in accordance with a permit issued to the person under regulation 53.

Penalty: 20 penalty units.

(2) A person who is in a cave in a park must not—

(a) modify water levels in sumps; or

(b) divert stream flows.

Penalty: 20 penalty units.

(3) A person who is in a cave in a park must—

(a) use established or marked routes to move around the cave; or

(b) if there are no established or marked routes, only use areas of observable wear to move around the cave.

Penalty: 10 penalty units.

(4) A person who is in a cave in a park must not walk over natural formations.

Penalty: 10 penalty units.

(5) A person who is in a cave in a park must not disturb, touch or interfere with any Karst‑Calcite formation (speleothem) or natural cave decoration.

Penalty: 15 penalty units.

(6) A person must not use any paint, dye or marker in a cave in a park, or release any substance into the waters of a cave in a park.

Penalty: 15 penalty units.

(7) A person must not do any of the following in a cave in a park—

(a) light a fire;

(b) burn any material;

(c) use any tobacco product;

(d) use any e‑cigarette product.

Penalty: 20 penalty units.

53 Permits to enter caves within restricted or prohibited access areas

The land manager may issue a permit to a person to enter and remain in a cave in an area of a park set aside under regulation 20(1)(a) or (b).

Part 7—Recreation, safety and amenity

Division 1—Sport, recreational activities and events

54 Areas where sport or recreational activities prohibited or restricted

(1) The land manager by determination may set aside an area of a park—

(a) as an area in which a sport or recreational activity is prohibited; or

(b) as an area in which a sport or recreational activity is restricted.

(2) A person must not engage in a sport or recreational activity in any area of a park set aside under subregulation (1)(a).

Penalty: 10 penalty units.

(3) A person must not engage in a sport or recreational activity in any area of a park set aside under subregulation (1)(b) unless the person does so in accordance with the determination.

Penalty: 10 penalty units.

(4) A person does not contravene subregulation (2) or (3) if the person participates in a sport or recreational activity or event in an area set aside under subregulation (1), being—

(a) a sport or recreational activity conducted by another person under and in accordance with a permit issued under regulation 55; or

(b) an event conducted by another person under and in accordance with a permit issued under regulation 57.

55 Permits for sport and recreational activities

(1) The land manager may issue a permit to a person to engage in an activity that is prohibited or restricted by a determination made under regulation 54(1).

(2) A person may engage in an activity that is otherwise prohibited or restricted under a determination made under regulation 54 if the person is—

(a) authorised to engage in the activity by a permit issued under subregulation (1); or

(b) participating in an event conducted by a person who is authorised to engage in the activity by a permit issued under regulation 57.

56 Organised events restricted

(1) A person must not conduct or organise an event or function in a park that involves 30 or more persons, if that event or function is—

(a) for entertainment or a show; or

(b) a festival, fete or public meeting; or

(c) a demonstration, training class or similar event; or

(d) an organised motor vehicle event, or

(e) a fishing competition or other competitive sporting or recreational event; or

(f) a wedding or other ceremony.

Penalty: 10 penalty units.

(2) A person does not contravene subregulation (1) by conducting or organising an event or function in a park involving 30 or more persons if—

(a) the person is authorised to do so by a permit issued under regulation 57; or

(b) the land manager in writing waives the requirement for the person to hold a permit.

57 Permits for organised events

(1) The land manager may issue a permit to a person to engage in an activity that is prohibited by regulation 56(1).

(2) Without limiting regulation 15, a permit issued under subregulation (1) may include conditions relating to—

(a) the purpose of the event or function; and

(b) the number of persons permitted to attend the event or function; and

(c) the type and size of any structure or vessel that may be used as part of the event or function; and

(d) the number and type of additional portable toilets required to be supplied by the permit holder to service the event or function.

58 Areas for snow sports

(1) Parks Victoria by determination may set aside an area of a park as an area for—

(a) skiing; or

(b) tobogganing.

(2) A person must not ski in an area of a park unless the person does so in an area set aside under subregulation (1)(a) and in accordance with the determination under which the area is set aside.

Penalty: 5 penalty units.

(3) A person must not toboggan in an area of a park unless the person does so in an area set aside under subregulation (1)(b) and in accordance with the determination under which the area is set aside.

Penalty: 5 penalty units.

Division 2—Specific provisions for
Lysterfield Park

59 Application of Division

This Division only applies to Lysterfield Park.

60 Fishing prohibited

A person must not take or attempt to take fish from waters within Lysterfield Park.

Penalty: 5 penalty units.

61 Swimming prohibited

A person must not swim or bathe in Lysterfield Park in an area that is not set aside under regulation 62.

Penalty: 5 penalty units.

62 Areas where swimming may be allowed

Parks Victoria by determination may set aside an area of Lysterfield Park as an area for swimming or bathing.

Division 3—Public safety

63 Areas where glass bottles, containers or utensils prohibited

(1) The land manager by determination may set aside an area of a park as an area where a person must not possess or carry a glass bottle, glass container or glass utensil.

(2) A person must not possess or carry a glass bottle, glass container or glass utensil in an area of a park set aside under subregulation (1).

Penalty: 5 penalty units.

(3) A person does not contravene subregulation (2) by possessing or carrying any glass bottle, glass container or glass utensil that contains, or is used to administer, medication for the person or another person under the person's care.

Division 4—Amenity

64 Use or operation of certain devices or equipment that produce noise

(1) A person must not, in a park, use or operate any device or equipment that produces noise that is likely to cause inconvenience or nuisance to another person.

Penalty: 10 penalty units.

(2) A person does not contravene subregulation (1) by—

(a) using or operating a device or equipment that produces noise in an area of a park set aside under regulation 65; or

(b) using or operating a device or equipment that produces noise for necessary medical purposes; or

(c) entering or leaving an area of a park in a vehicle or vessel; or

(d) using or operating a device or equipment that produces noise that the person is authorised to use or operate by a permit issued under regulation 57 or 67.

65 Setting aside areas where devices or equipment that produce noise may be operated

The land manager by determination may set aside an area of a park as an area in which a person may use or operate devices or equipment that produce noise and that are specified in the determination.

66 Advertising, soliciting, public speaking etc. restricted

(1) A person must not, in a park—

(a) solicit or collect money; or

(b) display a sign for the purposes of advertising; or

(c) hand out or disseminate any advertising or commercial or promotional material, including pamphlets or handbills.

Penalty: 10 penalty units.

(2) A person does not contravene subregulation (1) by engaging in an activity referred to in that subregulation, if the person is authorised to do so by a permit issued under regulation 67.

(3) A person must not deliver any address in a park in such a manner that the address is likely to disturb or annoy other park visitors.

Penalty: 10 penalty units.

67 Permits for advertising and soliciting

The land manager may issue a permit to a person to engage in an activity referred to in regulation 66(1).

68 Areas where liquor prohibited

(1) The land manager by determination may set aside an area of a park as an area in which a person must not possess liquor.

(2) A person must not possess liquor in an area
of a park that has been set aside under subregulation (1).

Penalty: 20 penalty units.

Part 8—Buildings and structures

69 Erection or construction of buildings, structures etc. prohibited

(1) A person must not erect, construct or install a building or other structure (whether temporary or otherwise) in a park.

Penalty: 10 penalty units.

(2) A person does not contravene subregulation (1) by—

(a) camping in accordance with Division 1 of Part 9; or

(b) conducting an activity that the person is authorised to conduct by a permit issued under regulation 41(3), 55(1), 57 or 67.

70 Entry, occupation and use of buildings or structures restricted

(1) A person must not occupy, use or enter a building or a structure in a park that is not provided for use by the public.

Penalty: 5 penalty units.

(2) A person who occupies, uses or enters a building or structure in a park that is provided for use by the public must not occupy, use or enter the building or structure for a purpose other than the purpose for which the building or structure is provided.

Penalty: 5 penalty units.

(3) A person who occupies, uses or enters a building or structure in a park that is provided for use by the public must not exclude, or attempt to exclude, other persons from occupying, using or entering the building or structure.

Penalty: 5 penalty units.

(4) A person does not contravene subregulation (1), (2) or (3) by occupying, entering or using a building or structure in accordance with a permit issued under regulation 41(3), 55(1) or 57.

71 Interfering with structures etc. prohibited

(1) A person must not remove, cut, displace, damage, deface or interfere with any of the following—

(a) any thing constructed or erected in a park;

(b) any works in a park.

Penalty: 20 penalty units.

(2) A person does not contravene subregulation (1) by carrying out an activity referred to in that subregulation in relation to a thing that the person has constructed or erected when camping in accordance with Division 1 of Part 9.

(3) A person must not—

(a) climb any fence in a park; or

(b) climb any locked gate in a park; or

(c) pass through any fence in a park unless that person does so through a gate or a formal opening in the fence provided for use by members of the public.

Penalty: 10 penalty units.

(4) In this regulation—

works has the same meaning as it has in the Water Act 1989.

Part 9—Camping and camp fires

Division 1—Camping areas

72 Areas for camping

The land manager by determination may set aside an area of a park other than an occupation site as an area for camping.

73 Camping must be in certain areas

A person must not camp in a park, other than—

(a) in an area set aside under regulation 72; or

(b) at an occupation site.

Penalty: 10 penalty units.

Note

See section 21 of the Act and regulation 75 in relation to camping at occupation sites.

74 Restrictions on camping

(1) A person who camps in an area of a park set aside under regulation 72 must not camp—

(a) within 20 metres of any river, stream, well, spring, creek, dam, bore or watercourse; or

(b) within 20 metres landward of the high water mark.

Penalty: 10 penalty units.

(2) If, in a determination under regulation 72, no limitation has been placed on the period for which a person may camp in the area set aside under the determination, a person must not camp in the area for more than 42 consecutive nights.

Penalty: 10 penalty units.

(3) A person who camps on a site within an area of a park set aside under regulation 72 must maintain the site free of litter.

Penalty: 10 penalty units.

(4) A person who camps on a site within an area of a park set aside under regulation 72 must not leave that site unattended overnight unless the person leaves the site in accordance with a permit issued to the person under subregulation (5).

Penalty: 10 penalty units

(5) The land manager may issue a permit to a person to leave a site within an area of a park set aside under regulation 72 unattended overnight.

(6) A person who camps on a site within an area of a park set aside under regulation 72, before vacating the site, must clear from the site all litter and personal equipment for which the person is responsible.

Penalty: 10 penalty units.

Division 2—Occupation sites

75 General requirements for occupation sites

(1) A person must not occupy an occupation site unless the person does so under and in accordance with a permit granted under section 21(1) of the Act.

Penalty: 10 penalty units.

(2) A person who occupies an occupation site must maintain the site free of litter.

Penalty: 10 penalty units.

(3) A person who occupies an occupation site, before vacating the site, must clear from the site all litter and personal equipment for which the person is responsible.

Penalty: 10 penalty units.

Division 3—Camp fires

76 Lighting or maintaining fires restricted

(1) A person must not light or maintain a fire in a park except in a public fireplace or an area set aside under subregulation (2).

Penalty: 20 penalty units.

Notes

1 A person who lights, kindles or maintains a campfire or barbeque, that uses solid fuel and that is in the open air in a park, who does not ensure the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material may be liable for an offence under section 66B(1) of the Forests Act 1958.

2 A person who lights, kindles or maintains a campfire or barbeque, that uses liquid fuel, gaseous fuel or chemical solid fuel and that is in the open air in a park, who does not ensure the ground and airspace within a distance of 1⸱5 metres from the outer perimeter and uppermost point of the fire are clear of flammable material may be liable for an offence under section 66B(2) of the Forests Act 1958.

3 Under regulation 14 of the Forests (Fire Protection) Regulations 2014[8], a person who has lit, kindled or maintained a fire, or is in charge of a fire, in the open air in a park during the prohibited period within the meaning of the Forests Act 1958 must, before leaving the place of the fire, completely extinguish the fire, or ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire. A person who does not do so may be liable for an offence under section 63(1) of the Forests Act 1958 (see section 63(1)(aa) of that Act).

4 Under regulation 15 of the Forests (Fire Protection) Regulations 2014, a person who has lit, kindled or maintained a fire, or who is in charge of a fire, in the open air in a park during the prohibited period within the meaning of the Forests Act 1958 must extinguish the fire immediately when required to do so by an authorised officer. A person who does not do so may be liable for an offence under section 63(1) of the Forests Act 1958 (see section 63(1)(aa) of that Act).

(2) The land manager by determination may set aside an area of a park as an area in which a person may light or maintain a fire in a place other than a public fireplace.

(3) A person does not contravene subregulation (1) by lighting or maintaining a fire in a park—

(a) at a time and during a period when the lighting of fires in that park is not prohibited under any Act; and

(b) in or on a vessel in an area of the park that is seaward of the low water mark.

Part 10—Protection of water supply catchments and water bodies

Division 1—Interpretation

77 Definitions

In this Part—

specified water supply catchment area means a designated water supply catchment area in any of the following parks—

(a) the Great Otway National Park;

(b) the Kinglake National Park;

(c) the Yarra Ranges National Park;

water body includes any river, stream, creek, spring, watercourse, waterway, artificial channel, reservoir, dam or other waterworks;

water supply catchment area means any area of a park that is—

(a) a specified water supply catchment area; or

(b) an additional water supply catchment area set aside under regulation 78.

78 Additional water supply catchment areas

The land manager by determination may set aside an area of a park, other than a designated water supply catchment area, as an area for the protection of a water supply catchment.

Division 2—Specified water supply catchment areas

79 Access to specified water supply catchment area prohibited

(1) A person must not enter or remain in a specified water supply catchment area.

Penalty: 20 penalty units.

(2) A person does not contravene subregulation (1) by entering or remaining in the specified water supply catchment area if the person is—

(a) in an area set aside under regulation 80; or

(b) authorised to do so by a permit issued under regulation 81.

80 Areas where access may be allowed

The land manager by determination may set aside an area in a specified water supply catchment area as an area for the purposes of a walking or cycling track, picnic area or for other specified purposes.

81 Permits to access a specified water supply catchment area

The land manager may issue a permit to a person to enter or remain in an area of a specified water supply catchment area.

Division 3—Water supply catchment areas

82 Interference with water in water supply catchment area

(1) A person must not, in a water supply catchment area, touch, or allow any part of their body to come into contact with, any water body.

Penalty: 20 penalty units.

(2) A person must not, in a water supply catchment area, wash anything in or near any water body.

Penalty: 20 penalty units.

(3) A person must not, in a water supply catchment area, allow any animal to enter any water body.

Penalty: 20 penalty units.

(4) A person must not, in a water supply catchment area—

(a) throw or convey any item into any water body; or

(b) deposit any item adjacent to any water body that may roll, blow, seep or flow into that water body.

Penalty: 20 penalty units.

(5) A person must not, in a water supply catchment area, take or attempt to take fish by any means from any water body.

Penalty: 20 penalty units.

Division 4—Provisions for all water bodies

83 Appropriate disposal of human waste

(1) In a park, other than in an area referred to in subregulation (2), a person must not leave behind or deposit faeces unless—

(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or

(b) if the person is not in an area in which toilet facilities are provided or readily available, the person does so by burying those faeces 100 metres or more away from any water body.

Penalty: 20 penalty units.

(2) A person must not, except in a facility provided for the purpose, leave behind or deposit faeces in—

(a) a water supply catchment area; or

(b) an area in a marine national park or a marine sanctuary that is seaward of the low water mark; or

(c) an area of land specified in Part 1, 2, 3, 4 or 5 of Schedule Four to the Act that is—

(i) covered with water; and

(ii) seaward of the low water mark.

Penalty: 20 penalty units.

84 Using soap or detergent near water bodies

In a park, a person must not use or dispose of any soap, detergent or other cleansing agent—

(a) for a water body that is not the sea, within 50 metres of that water body; or

(b) for the sea—

(i) in an area that is less than 50 metres landward of the high water mark; or

(ii) seaward of the low water mark.

Penalty: 10 penalty units.

Part 11—Vehicles, vessels and aircraft

Division 1—Vehicles

85 Areas in which wheel chains must be carried during snow season

(1) The land manager by determination may set aside an area of a park as an area in which wheel chains must be carried during the snow season.

(2) A person must not use a motor vehicle in an area of a park set aside under subregulation (1) in the snow season unless—

(a) the vehicle is carrying wheel chains capable of being fitted to at least two driving wheels of the vehicle; or

(b) the person is a day visitor to the park and a determination under regulation 88(1) is in force in relation to—

(i) that park; and

(ii) the vehicle or class of vehicle that the person is using.

Penalty: 20 penalty units.

86 Requirement to fit wheel chains

(1) During the snow season in an area of a park set aside under regulation 85(1), an authorised officer, for reasons of safety or for the control or protection of the park, may direct a person using a motor vehicle to properly fit wheel chains to at least two driving wheels of that vehicle, unless—

(a) the person is a day visitor to the park; and

(b) a determination under regulation 88(1) is in force in respect of that vehicle or class of vehicle.

(2) A person who is given a direction by an authorised officer under subregulation (1) must comply with that direction.

Penalty: 20 penalty units.

87 Snow season

The land manager by determination may declare any period in any year specified in the determination to be the snow season in relation to a park.

Note

See the definition of snow season in regulation 5(1).

88 Days on which wheel chains are not required for day visitors

(1) The land manager may determine that day visitors to a park are not required to carry wheel chains on a specified day, if the land manager is satisfied that it is appropriate to do so having regard to public safety considerations including—

(a) the general condition of the roads; and

(b) the extent of any snow or ice on the roads; and

(c) the latest available weather forecasts.

(2) The land manager may make a determination under subregulation (1) on the day specified in the determination or on the day before that day in relation to either—

(a) all vehicles, when entering or remaining in an area set aside under regulation 85(1); or

(b) a class of vehicle that is specified in the determination, when entering or remaining in an area set aside under regulation 85(1).

(3) The land manager must erect or display signs or notices adjacent to roads within the park—

(a) informing the public of a determination made under subregulation (1); and

(b) providing any details of the motor vehicles or classes of motor vehicles to which the determination relates; and

(c) in such a place and manner that those signs and notices are reasonably likely to be seen by any person affected by a determination under subregulation (1).

Division 2—Vessels

89 Areas where using vessels restricted or prohibited

(1) The land manager by determination may set aside an area of a park as an area in which any one or more of the following activities is prohibited or restricted, either for all vessels or for a class of vessel that is specified in the determination—

(a) the launching of vessels;

(b) the landing of vessels;

(c) the loading and unloading of vessels;

(d) the mooring of vessels;

(e) the anchoring of vessels;

(f) the operating of vessels.

(2) A person must not launch, land, load, unload, moor, anchor or operate a vessel in an area of a park to which a determination under subregulation (1) applies unless that person does so in accordance with the determination.

Penalty: 20 penalty units.

Division 3—Aircraft

90 Operating aircraft prohibited

(1) A person must not operate an aircraft or a class of aircraft in a park unless that person does so—

(a) in an area of a park set aside under subregulation (3); or

(b) in accordance with a permit issued under subregulation (4).

Penalty: 20 penalty units.

(2) A person must not operate an aircraft or a class of aircraft in an area of a park to which a determination under subregulation (3) applies unless that person does so in accordance with the determination.

Penalty: 20 penalty units.

(3) The land manager by determination may set aside an area of a park as an area where operating an aircraft or a class of aircraft is permitted.

(4) The land manager may issue a permit authorising a person to operate an aircraft or a class of aircraft in a park.

(5) In this regulation—

operate means—

(a) in respect of an aircraft, other than a model aircraft or remotely piloted aircraft—

(i) to launch or land the aircraft within a park; or

(ii) to deliver anything to a park by the aircraft; and

(b) in respect of a model aircraft or remotely piloted aircraft—

(i) to launch or land the aircraft within a park; or

(ii) to control the aircraft from a park; or

(iii) to deliver anything to a park by the aircraft.

Part 12—Approvals for Point Hicks Marine National Park

91 Definition

In this Part, the Park means Point Hicks Marine National Park.

92 Conditions of Minister's approval

For the purposes of section 45B(3) of the Act, the prescribed conditions are the following—

(a) the approval remains in force for a period of 12 months commencing on the date it is given;

(b) before each occasion on which the person to whom the approval has been given enters the Park, the person must notify the Minister as to—

(i) the number of the Fishery Access Licence under which any priority species carried on the boat has been caught; and

(ii) the person's intention to enter the Park;

(c) on each occasion on which the person to whom the approval has been given leaves the Park, the person must notify the Minister, as soon as practicable after leaving the Park as to—

(i) the number of the Fishery Access Licence under which any priority species carried on the boat has been caught; and

(ii) the person's departure from the Park;

(d) the boat in respect of which the approval has been given—

(i) must not remain stationary in any part of the Park except that part shown hatched and bounded by the thick black line on the plan lodged in the Central Plan Office and numbered LEGL./14‑006; and

(ii) must travel by the shortest practicable route on entering the Park, from its point of entry on the boundary of the park to the boundary of the area shown hatched and bounded by the thick black line on the plan lodged in the Central Plan Office and numbered LEGL./14‑006; and

(iii) must travel by the shortest practicable route when leaving the Park, from the point of exit on the boundary of the area shown hatched and bounded by the thick black line on the plan lodged in the Central Plan Office and numbered LEGL./14‑006, to the boundary of the Park.

93 Method of notifying the Minister

For the purposes of regulation 92(b) and (c), notification to the Minister may be given by telephone, on the telephone number specified by the Minister for that purpose.

Part 13—Access to Cape Howe Marine National Park

94 Definitions

In this Part—

commercial fishing vessels means vessels that are used or intended to be used for taking fish or other living resources of the sea or seabed for profit or reward;

developing fishery has the same meaning as it has in the Fisheries Act 1995;

Iron Prince and Gunshot Reefs area means the area shown unhatched and bounded by the black line between points D, E, C and B on the plan lodged in the Central Plan Office and numbered LEGL./14‑007.

95 Prescribed area and prohibition on being in charge of certain boats

For the purposes of section 45A(4) of the Act—

(a) the prescribed area is the whole of Cape Howe Marine National Park; and

(b) the prescribed class of boats is a commercial fishing vessel other than a vessel that is used or intended to be used—

(i) to take fish from the Iron Prince and Gunshot Reefs area in accordance with a Fishery Access Licence of any of the following classes—

(A) an Abalone Fishery (Eastern Zone) Access Licence under regulation 14(c) of the Fisheries Regulations 2019;

(B) a Rock Lobster Fishery (Eastern Zone) Access Licence under regulation 14(s) of the Fisheries Regulations 2019;

(C) an Ocean Fishery Access Licence under regulation 14(n) of the Fisheries Regulations 2019;

(D) a Sea Urchin Fishery Access Licence under regulation 14(v) of the Fisheries Regulations 2019;

(E) a Wrasse (Ocean) Fishery Access Licence under regulation 14(za) of the Fisheries Regulations 2019;

(F) a Banded Morwong Fishery Access Licence under regulation 14(e) of the Fisheries Regulations 2019;

(G) an Octopus Fishery Access Licence under regulation 14(o) of the Fisheries Regulations 2019; or

(ii) to take fish from the Iron Prince and Gunshot Reefs area in accordance with a statutory fishing right within the meaning of the Fisheries Management Act 1991 of the Commonwealth; or

(iii) to take fish from a developing fishery in the Iron Prince and Gunshot Reefs area in accordance with a general permit issued under section 49 of the Fisheries Act 1995; or

(iv) to conduct research, study or an investigation of matters that relate to the objects of the Act, if the research, study or investigation—

(A) has been promoted by Parks Victoria under section 20 of the Act; and

(B) is being carried out in accordance with any terms and conditions determined by Parks Victoria under that section; or

(v) in accordance with a permit granted under section 21A of the Act.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The National Parks Regulations 2024, S.R. No. 76/2024 were made on 20 August 2024 by the Governor in Council under sections 32AA, 37 and 48 of the National Parks Act 1975, No. 8702/1975 and came into operation on 30 August 2024: regulation 3.

The National Parks Regulations 2024 will sunset 10 years after the day of making on 20 August 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the National Parks Regulations 2024 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

1. Reg. 4(a): S.R. No. 115/2013 as amended by S.R. Nos 18/2015, 16/2017, 125/2018, 8/2020 and 137/2020. ↑

2. Reg. 4(b): S.R. No. 18/2015. ↑

3. Reg. 4(c): S.R. No. 16/2017. ↑

4. Reg. 4(d): S.R. No. 125/2018. ↑

5. Reg. 4(e): S.R. No. 8/2020. ↑

6. Reg. 4(f): S.R. No. 137/2020. ↑

7. Reg. 33(5) def. of dip net: S.R. No. 163/2019 as amended by
   S.R. Nos 51/2020, 161/2020 and 63/2023. ↑

8. Reg. 76(1): S.R. No. 52/2014. Extended in operation by S.R. No. 40/2024.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑