National Parks (Tour Operator Licence Fee) Regulations 2021

The Regulations hinge on a small set of legal and accounting concepts that determine cost exposure and administrative obligations.

Licence classes and allocation route

• Standard licence: defined in reg 3 as a tour operator licence granted following a standard licence application process. The standard route carries specific per-grant and per-year fee formulas (reg 5), a per-person use fee with an annual cap (regs 6-7), and prescribed recordkeeping (reg 9).
• Competitively allocated licence: defined in reg 3 and governed by Part 3. This route is used where Parks Victoria determines limiting licences is necessary for environmental, cultural or public safety reasons (reg 10). The fee for competitive licences is set in the Expression of Interest document and must be at least 20.78 fee units (reg 12(1)(a), (2)).

Fee composition and mechanics

• Annual licence fee: For standard licences, the annual licence fee comprises a fixed fee expressed in fee units plus the use fee (reg 5(1)). For one-year standard licences, the fixed component is 20.78 fee units paid on grant (reg 5(2)). For multi-year standard licences, the fixed component is 16.3 fee units pro rata for the grant year and for each subsequent financial year (reg 5(3)-(4)), with an election to pay future-year fees as a lump sum on grant (reg 5(5)).
• For competitively allocated licences, the annual licence fee has two components: the fee fixed in the Expression of Interest (minimum 20.78 fee units) and the per-person use fee (reg 12(1)-(2)). Payment may be staged or taken as a lump sum (reg 12(3)).
• Use fee: a per-person, per-day charge, fixed in dollars, not in fee units. The use fee is $2.40 per adult per day and $1.60 per child per day, applied to both licence classes (regs 6(2)-(3), 13(1)). For standard licences only, the aggregate use fee liability for a financial year is capped at 1018.74 fee units; payments in excess must be refunded (reg 7, reg 8(2)).
• Fee units and conversion: most fixed licence amounts and the cap are expressed in fee units. The Monetary Units Act process determines the dollar value of a fee unit annually; the explanatory details in the endnotes provide the fee unit values for 2024 and 2025 and require publication of the fee unit value before 1 June each year (Endnotes, Fee Units).

Recordkeeping and reporting

• Licence holders must maintain daily records of persons participating in tours (adults and children separately) in Form 1 and provide those records to Parks Victoria quarterly or annually (regs 9(1)-(2), 14(1)-(2); Schedule 1, Form 1). Form 1 is the statutory trip return and specifies reporting periods.

Discretion, relief and exclusions

• Parks Victoria may on its own motion or on application waive, reduce or refund fees, but must have regard to financial hardship, manifest unfairness, and the impact of natural or unnatural events on the operator’s ability to conduct tours (reg 15(3)-(4), (5)). There are express ineligibility rules that prevent waiver or refund where a licence is suspended (reg 16(1)) and in most cases where it is cancelled (reg 16(2)-(3)).

Temporal limit

• The Regulations expire on 30 June 2026 (reg 18), so the fee settings are temporary or require renewal/extension to continue beyond that date.

Interplay of quantitative and discretionary elements

• The instrument mixes formulaic charges (per-person dollar rates and fee-unit amounts) with discretionary administrator decisions (competitive allocation, EOI fee-setting, waivers). That combination produces predictability for recurrent per-person charges and fee-unit-based licence fees, but leaves room for concentrated adjustments through competitive allocations and discretionary waivers.

Definitions that matter operationally

• Child is defined in reg 3 as under 16 or of compulsory school age and educated at a school, which affects who attracts the lower $1.60 rate. The Act, the Monetary Units Act and the Education and Training Reform Act are incorporated by reference for contexts such as fee-unit valuation and compulsory school age (reg 2 and Endnotes).

These concepts set the incentives for pricing and compliance: per-day per-person charges create variable costs aligned to usage; fee-unit expressed fixed licence charges produce a predictable fixed cost component that varies with the Treasurer’s fee unit value; the use fee cap limits exposure for standard licence holders but does not apply to competitive licences. Parks Victoria controls entry through competitive allocation and can use waivers to mitigate hardship or event impacts.

Primary affected parties

• Tour operators who conduct organised tours or recreational activities for profit within parks are the primary regulated cohort. They are the persons who must hold a tour operator licence under the National Parks Act and, if granted a licence, will be liable for the fees prescribed by these Regulations (regs 4, 11, 5, 12).
• Parks Victoria is the administering body. It determines when competitive allocation is necessary (reg 10), sets competitively allocated licence fees in an Expression of Interest as informed by Ministerial guidelines (reg 12(1)(a)), assesses waiver and refund applications (reg 15), collects fees, administers refunds for prepayments and caps, and receives the trip returns prescribed by Schedule 1.

Secondary affected parties

• Consumers of tour operator services: the Regulations set per-person fees that operators incur, which may be passed through to customers. The per-person use fees are small per day ($2.40/$1.60), but cumulative charges and licence fees could influence tour pricing, availability or conduct patterns.
• Competing land managers or private operators outside parks: these Regulations affect the relative cost structure of operating within parks compared to alternative venues.
• Local communities and custodians: the environmental, cultural and public safety reasons in reg 10 indicate that certain parks may have constrained capacity, affecting local businesses that rely on park visitation.

Who bears the costs

• Licence holders are legally responsible for payment of licence fees and use fees (regs 5, 6, 12, 13). For standard licences, the holder bears limited exposure due to the use fee cap (reg 7). For competitively allocated licences, there is no cap specified in the Regulations, so holders face uncapped use fee exposure plus the competitively set licence fee (reg 12, reg 13).
• If Parks Victoria elects to recover costs by setting a higher expression-of-interest fee for scarce licences, the winners of those licences bear the upfront cost and the incumbents who do not win may be excluded from the market. The Regulations permit a minimum fee but not an upper cap on the competitive allocation fee (reg 12(1)(a), (2)).

Who decides

• Parks Victoria: decides allocation method, sets competitive fees in an EOI, collects fees, decides waivers, and receives records (regs 10, 12, 15, 9, 14).
• The Treasurer: sets the annual dollar value of a fee unit under the Monetary Units Act, which affects the dollar amounts of all fee-unit-expressed licence fees and the use fee cap (Endnotes, Fee Units).

Regulatory exclusions and limits on relief

• Holders whose licences are suspended under s 27J of the Act cannot obtain waivers or refunds for outstanding or paid fees (reg 16(1)).
• Holders whose licences are cancelled under s 27L are also, subject to a narrow exception, ineligible for waivers, reductions or refunds of outstanding or paid fees; if a cancelled licence had been held for more than one year and fees for a non-commenced year were pre-paid, a pro‑rata refund remains available (reg 16(2)-(3)).

Temporal and administrative reach

• The Regulations have a defined sunset date of 30 June 2026 (reg 18). That temporal limit means parties should plan for fee continuity or change beyond that date and watch for any replacement instrument.

In short, the Regulations allocate routine financial obligations to operators and administrative discretion to Parks Victoria, with the Treasurer’s fee-unit determination amplifying the fiscal effect of the fee-unit components.

Duties imposed on licence holders

• Pay fees when due: licence holders must pay the annual licence fee components set out in regs 5 and 12 and the use fee as prescribed in regs 6 and 13. For example, a holder of a standard licence granted for one year must pay 20.78 fee units on grant (reg 5(2)). For licences longer than one year, holders must pay 16.3 fee units on grant in respect of the grant-year period and by 30 June for each subsequent financial year (reg 5(3)-(4)). Competitively allocated licence holders must pay the fee fixed in the EOI as specified (reg 12(1)-(3)).
• Maintain and provide records: hold and maintain daily records of the number of participants (adults and children) in organised tours or recreational activities in Form 1 (Schedule 1), and provide those records to Parks Victoria quarterly or annually (regs 9(1)-(2), 14(1)-(2), Schedule 1).
• Payment options: use fees may be paid quarterly or annually (reg 8(1) for standard licences; reg 13(2) for competitive licences), and in some situations licence fees for multi-year licences may be paid as a lump sum on grant (reg 5(5), reg 12(3)(b)).

Rights and entitlements

• Right to seek waiver, reduction or refund: holders may apply in writing to Parks Victoria for a waiver, reduction or refund of fees (reg 15(1)-(2)). Parks Victoria may also grant relief on its own motion (reg 15(5)).
• Parks Victoria must consider specified factors: when deciding an application under reg 15, Parks Victoria must have regard to whether payment would cause undue financial hardship, whether payment would be manifestly unfair, and the impact of natural or unnatural events on the holder’s ability to operate (reg 15(4)). These mandatory considerations provide operators with defined grounds to present in support of relief.
• Refund entitlement for overpayment beyond the cap: a holder of a standard licence who has paid use fees in excess of the cap is entitled to a refund for the amount paid in excess at the end of the financial year (reg 8(2)).
• Pro‑rata refund on surrender or prepayment: Parks Victoria may refund, on a pro‑rata basis, fees paid in advance for any non-commenced year if a licence holder surrenders the licence (reg 17). For cancelled licences held more than one year, a holder remains eligible for a pro‑rata refund of fees for a non-commenced year if those fees were paid in advance (reg 16(3)).

Administrative discretions that affect rights

• Parks Victoria’s discretion to limit licence numbers triggers the competitive allocation regime (reg 10). Where that regime is used, Parks Victoria fixes the licence fee in the EOI, subject to Ministerial guidelines (reg 12(1)(a)). The Minister’s guidelines, where issued, are a factor Parks Victoria must regard to when setting the EOI fee; the Regulations do not limit how those guidelines may instruct Parks Victoria.
• Parks Victoria may exercise waiver or refund powers on its own motion (reg 15(5)). The Regulations do not specify procedural timelines for decisions or appeals mechanisms for waiver denials.

Compliance and preventative obligations

• Operators must ensure accurate trip returns and day-by-day records in Form 1, and maintain evidence for any child classification as defined in reg 3 to justify the $1.60 rate. The required periodic submission (quarterly or annually) is an administrative duty likely to require internal processes and potentially record-keeping systems adapted to the Form 1 format.

Limitations and prohibitions

• No waiver or refund for suspended holders: a licence holder whose licence is suspended under s 27J is not eligible for waiver, reduction or refund of outstanding or paid fees (reg 16(1)).
• Cancellation largely extinguishes relief: cancellation under s 27L generally disqualifies the person from waiver, reduction or refund of outstanding or paid fees, save for the narrow pro‑rata refund for pre-paid non-commenced years where the licence was held for more than a year (reg 16(2)-(3)).

Procedural duties

• Applications for waivers, reductions or refunds must be in writing (reg 15(2)). The Regulations do not set minimum content requirements beyond that, but they do set out the considerations Parks Victoria must have regard to (reg 15(4)).

Together these duties and rights create a predictable recording and payment regime while inserting administrative discretion in Parks Victoria to adjust burdens for individual operators in specified circumstances.

The Regulations themselves do not create express penalties for failure to pay fees, failure to keep records in Form 1, or failure to provide returns. Instead, enforcement is located in cross-reference to the National Parks Act 1975 and the administrative powers conferred on Parks Victoria. The text to hand contains the following enforcement-relevant signals.

References to suspension and cancellation

• Regulation 16 makes entitlement to waiver, reduction or refund conditional on the licence status under the Act, explicitly referring to licences suspended under s 27J and licences cancelled under s 27L of the Act (reg 16(1)-(2)). The Regulations therefore assume that the Act contains enforcement sanctions including suspension and cancellation, and they impose consequence rules for relief eligibility where those sanctions have been applied.

Administrative enforcement levers

• Parks Victoria is vested with multiple operational levers:
  • it determines when licences should be limited on environmental, cultural or public safety grounds (reg 10), a decision that can be enforced procedurally through allocation processes;
  • it fixes competitive allocation fees and administers the EOI process (reg 12(1)(a));
  • it adjudicates and grants waivers, reductions and refunds (reg 15(3));
  • it administers refunds where overpayment occurs or fees were pre-paid and a licence is surrendered (regs 8(2), 17).

Procedural consequences implicit in the Regulations

• Recordkeeping and reporting obligations (regs 9 and 14; Schedule 1) are stated as duties. While the Regulations do not specify penalties for non-compliance with these duties, failure to comply with statutory recordkeeping requirements would be likely to attract enforcement action under the Act’s licensing enforcement provisions (the Regulations reference Act sections for suspension and cancellation). Users should assume that breaches of licence conditions and regulatory requirements can be dealt with under the Act’s administrative sanctioning mechanisms, though the Regulations do not restate those penalties.

Absence of monetary penalties in this instrument

• The instrument does not specify monetary penalties, infringement notices or criminal offences for non-payment or recordkeeping failures. Any such sanctions would therefore depend upon the Act or other instruments of governance rather than upon these Regulations.

Discretionary eligibility restrictions as an enforcement consequence

• The ineligibility to receive waivers or refunds where licences are suspended or cancelled (reg 16) functions as a collateral enforcement tool. It reduces the economic incentives for misconduct: if a licence is suspended or cancelled, the holder will lose the right to financial relief under these Regulations for outstanding or paid fees.

Refund and cap enforcement

• The use-fee cap (reg 7) and the refund entitlement for overpayment (reg 8(2)) impose a post-factum financial protection mechanism for standard licence holders. Parks Victoria carries the administrative responsibility to reconcile payments and issue refunds where applicable at the financial year end (reg 8(2)).

Practical enforcement risk and implementation considerations

• Because the Regulations place primary recordkeeping responsibility on licence holders and require quarterly or annual submission, practical enforcement will likely depend on the administrative systems of Parks Victoria to reconcile trip returns, calculate use fees and identify underpayment or overpayment. The absence of explicit administrative timelines or prescribed audit powers in these Regulations suggests that enforcement will depend on the broader administrative framework in which Parks Victoria and the Act operate.

In sum, enforcement is primarily through the Act’s licensing machinery and Parks Victoria’s administrative powers. The Regulations set economic consequences (fees and relief rules) and procedural duties (records and returns) but do not themselves set out monetary penalties or court-based offences.

Direct statutory foundations and cross-references

• These Regulations are made under sections 48 and 48AA of the National Parks Act 1975 (reg 2). Many operational features therefore interact with that Act: licensing thresholds, suspension (s 27J) and cancellation (s 27L) processes, and the requirement to hold tour operator licences are set out in the Act and referenced in the Regulations (reg 4, reg 11, reg 16).
• The Regulations depend on the Monetary Units Act 2004 to convert fee-unit figures into dollar amounts. Fee units specified in the Regulations (for licence fees and the use-fee cap) must be multiplied by the value of a fee unit fixed under section 5 of the Monetary Units Act and published as required (Endnotes, Fee Units). The Regulations therefore interact with the Treasurer’s annual determination and the statutory process for publishing fee unit values.
• The definition of compulsory school age and the term school are linked to the Education and Training Reform Act 2006 by explicit definition cross-reference for the meaning of child and compulsory school age (reg 3). That interaction determines who qualifies for the child rate of $1.60.

Procedural and administrative interfaces

• Expression of Interest documents that set the competitively allocated licence fee are administrative instruments which will in practice be produced by Parks Victoria and may be subject to other administrative law constraints, including Ministerial guidelines and open-government rules (reg 12(1)(a)). The Regulations state Parks Victoria must have regard to any guidelines issued by the Minister when fixing the fee set out in the EOI (reg 12(1)(a)). The substance and force of those Ministerial guidelines will affect fee-setting and interact with administrative law principles about reasonableness and proper exercise of powers.

Fiscal and taxation interactions

• The per-person use fees and licence fees are regulatory charges, not taxes per se, and are payable to Parks Victoria. How operators account for these charges for GST, income tax and other accounting purposes is not specified in the Regulations; usual taxation law and ATO practice will apply. The Regulations’ reference to fee units and the Treasurer’s determination affects the dollar quantum but does not change the legal character of the charge vis-à-vis taxation law.

Records and privacy

• The requirement to maintain Form 1 records and provide quarterly or annual returns to Parks Victoria will intersect with privacy and record-keeping laws if personal information is contained in the returns. The Schedule’s Form 1 as printed does not demand personal identifiers beyond numbers of adults and children; operators should nonetheless consider Privacy Act obligations where additional information is retained.

Other regulatory regimes and land-use instruments

• The Regulations address fees for authorised tour operation within parks under the National Parks Act. Tour operators who operate across multiple land tenures may face parallel permitting or licensing regimes administered by other land managers, local councils, marine authorities or Aboriginal land councils. The Regulations do not displace those regimes and operators must manage compliance with multiple overlapping instruments.

Temporal interaction and sunset

• The explicit expiry of the Regulations on 30 June 2026 (reg 18) means this instrument interacts with any successor instruments or legislative changes expected before that date. Operators and advisers must monitor subordinate instrument amendments and any Act amendments that could change licensing practices or fee authorities.

Interaction in enforcement landscape

• The Regulations reference s 27J and s 27L of the National Parks Act in relation to suspension and cancellation (reg 16). Any enforcement, appeal, review or judicial oversight of those actions will be governed by the Act and general administrative law principles. The Regulations do not create separate appeal routes for fee disputes; remedies will be those available under the Act and general administrative law.

In summary, the Regulations operate inside a framework of other statutes: the National Parks Act (licensing and enforcement), the Monetary Units Act (fee unit valuation), and the Education and Training Reform Act (child definition). They also rely on administrative instruments such as EOIs and Ministerial guidelines, and therefore interact with broader administrative law and fiscal processes.

This instrument has been amended since its original making. The source includes a table of amendments and an endnote describing when the Regulations were made and when amendments took effect.

Key milestones from the source:

• Original making and commencement: The National Parks (Tour Operator Licence Fee) Regulations 2021 were made on 29 June 2021 and commenced on that date (Endnotes, General information).
• Amendment instruments recorded in the table of amendments:
  • National Parks (Tour Operator Licence Fee) Amendment Regulations 2023, S.R. No. 44/2023. Date of making: 6 June 2023. Date of commencement: 6 June 2023 (Endnotes, Table of Amendments).
  • National Parks (Tour Operator Licence Fee) Amendment Regulations 2025, S.R. No. 44/2025. Date of making: 11 June 2025. Date of commencement: 11 June 2025 (Endnotes, Table of Amendments).
• Specific amendment effect cited in the Regulations:
  • Regulation 18 (the expiry provision) was amended by S.R. Nos 44/2023 reg 3 and 44/2025 reg 3 (reg 18 footnote). The editions and the authorised version incorporated amendments as at 11 June 2025 (cover page), indicating the 2025 amendment is reflected in the authorised version.

Implications of the amendment history as recorded

• The Regulations have been updated twice since the original 2021 instrument. The recorded amendments specifically include changes to the expiry provision (reg 18), which fits a pattern of extending or adjusting the temporal scope of the instrument. The presence of amendment S.R. No. 44/2025 with a commencement shortly before the authorised version date suggests ongoing maintenance of this subordinate instrument.
• The endnotes include explanatory details that were incorporated at least for fee unit information. The explanatory details state the value of a fee unit for financial years commencing 1 July 2024 ($16.33) and 1 July 2025 ($16.81), and specify the statutory mechanism for future fee unit values to be fixed by the Treasurer and published (Endnotes, Fee Units). Those explanatory details were included in the authorised version and are relevant to interpreting the fee‑unit-expressed monetary obligations.

Practical reading of the amendment record

• When advising clients or preparing compliance systems, practitioners must check the latest authorised version and any new subordinate instruments because the fee-unit conversion mechanism means dollar amounts can change annually without an amendment to these Regulations: the fee unit’s dollar value is set by the Treasurer under the Monetary Units Act and published in advance (Endnotes, Fee Units).
• The amendment history recorded here is limited to the two statutory rules cited; any further changes after 11 June 2025 will not be reflected in this authorised version and must be checked against the government legislation register.

The source gives no further detail about the precise text changed in S.R. Nos 44/2023 or 44/2025 beyond identifying that reg 18 was amended, nor does it name any other affected clauses. For full historical tracing of textual changes to other provisions, one must consult the individual amendment statutory rules referenced in the Endnotes.

The supplied instrument and its endnotes do not contain any case law or litigation history. The Regulations do not cite or summarise any judicial decisions, and the endnotes and table of amendments list only subordinate instruments and dates. There are therefore no cases, appeals, or reported judicial determinations referenced in the text provided.

Practical implications of the absence of litigation history in the source

• There are no precedents cited that interpret these Regulations, their application, the scope of Parks Victoria’s discretions, or disputes about fee calculations in the material supplied. Advice and compliance must therefore rely on the plain text of the Regulations, the National Parks Act provisions they reference, administrative practice by Parks Victoria, and general administrative law principles until judicial interpretation emerges.
• Where disputes arise about waiver decisions, fee calculations, or the use of competitive allocation, remedies and procedural routes will be those available under the National Parks Act and judicial review avenues in administrative law. Because no litigation history is supplied, practitioners should monitor court databases and administrative tribunal decisions for developments relating to these Regulations and to s 27J/s 27L actions under the National Parks Act.

If precedent is required for litigation or challenge planning, a practitioner must search externally for cases involving s 27J or s 27L of the National Parks Act or disputes over licence fees in park management contexts; the Regulations themselves do not provide such material.

The Regulations are compact but contain several operational and legal features likely to catch operators and advisers if not carefully noted. The following are specific “gotchas” grounded in the text.

1. Dual price mechanisms: fixed fee units and fixed-dollar use fees

• Licence fees and the use-fee cap are expressed in fee units (regs 5, 7, 12(2)), whereas the per-person use fees are fixed dollar amounts ($2.40/$1.60) (regs 6(2)-(3), 13(1)). Fee-unit expressed amounts change in dollar terms annually when the Treasurer sets a fee unit value (Endnotes, Fee Units). Operators may miscalculate obligations if they treat all charges as fixed in dollars.

2. Use-fee cap applies only to standard licences

• The cap in reg 7 limits aggregate annual use-fee liability only for holders of standard licences. There is no equivalent cap for competitively allocated licences. Operators who enter competitive licences therefore face uncapped use-fee exposure unless the EOI or other instrument provides a cap (no such cap appears in the Regulations).

3. Competitive allocation raises upfront cost risk and discretion

• For parks where Parks Victoria decides limitation is necessary, competitive allocation may significantly alter entry costs. Parks Victoria fixes the fee in the EOI "having regard to any guidelines issued by the Minister" (reg 12(1)(a)). The Regulations impose a minimum of 20.78 fee units but no upper bound. That creates potential for concentrated financial outlays for winners of EOIs.

4. Recordkeeping specificity and reporting frequency

• The Regulations require daily records in Form 1 and impose quarterly or annual reporting (regs 9(1)-(2), 14(1)-(2); Schedule 1). The Schedule’s Form 1 uses placeholders for $XX, suggesting the Form should be used with the applicable monetary rates, but operators must ensure records match the statutory per-person rates and are retained and submitted in the specified reporting window. Failure to keep daily records or to use Form 1 may compromise entitlement to refunds or produce enforcement action under the Act.

5. Definitions matter for the child rate

• The definition of child is more nuanced than a simple age cut-off: it includes persons under 16 or persons of compulsory school age who are educated at a school (reg 3). Operators must retain evidence for any child classification that is not strictly under-16 (for example, those of compulsory school age) to apply the $1.60 rate.

6. Waiver and refund eligibility restricted by suspension/cancellation

• Licence suspension under s 27J renders a holder ineligible for waiver, reduction or refund of outstanding or paid fees (reg 16(1)). Cancellation under s 27L similarly disqualifies, save for a narrow pro‑rata refund for pre-paid non-commenced years where the licence had been held for more than one year (reg 16(2)-(3)). Operators who risk suspension or cancellation may therefore be unable to rely on fee relief.

7. Parks Victoria’s own-motion power to grant relief

• Parks Victoria can grant waivers or refunds on its own motion as well as on application (reg 15(5)). That is beneficial as a discretionary relief mechanism but leaves the timing and criteria of relief largely administrative. Operators should not assume an entitlement unless there is clear evidence of application consideration.

8. No explicit timelines or internal review for waiver decisions

• The Regulations do not prescribe decision timeframes, decision review steps or appeal rights for waiver denials. This lacuna implies that remedies will be those available under the Act or general administrative law; operators should document applications, grounds and communications carefully.

9. Rounding rule for fee-unit conversion

• The explanatory details state that calculated fees may be rounded to the nearest 10 cents. This rounding rule may produce small variances in payable amounts and reconciliation complexities, especially for bulk or aggregated invoices (Endnotes, Fee Units).

10. Sunset clause

• The instrument expires on 30 June 2026 (reg 18). Operators should plan for regulatory uncertainty beyond that date and watch for replacement regulations or Act amendments that could change fee structures or administrative practices.

11. The Schedule’s Form 1 is the required format

• The requirement to use Form 1 (Schedule 1) is explicit (regs 9(2)(b), 14(2)(b)). Operators who submit records in another format risk challenge or administrative rejection.

12. Interaction with Ministerial guidelines

• Parks Victoria must have regard to Ministerial guidelines when setting competitive fees (reg 12(1)(a)). Operators should procure and review any applicable guidelines because the content of those guidelines will materially affect EOI fee-setting but is not disclosed in these Regulations.

13. Confusion between application fee and annual licence fee

• Both application processes (standard and competitive) are stated to be not subject to an application fee under s 27E of the Act (regs 4 and 11), but successful applicants become liable for annual licence fees. Practitioners and applicants must not confuse the absence of an application fee with the absence of any fee obligation upon grant.

These specific points are drawn from the text of the Regulations and the Endnotes and will be the most common operational pitfalls for operators, advisers and Parks Victoria in administering and complying with the instrument.

This section supplies a practical compliance checklist and procedural steps grounded in the Regulations. It is designed for operators, in‑house counsel, accountants and compliance officers.

1. Determine licence type and allocation regime

• Confirm whether activities require a tour operator licence under the National Parks Act and whether the relevant park is subject to a standard or competitive allocation regime. Parks Victoria determines whether limiting licences is necessary (reg 10). If a competitive allocation is announced, obtain and review the Expression of Interest document because it sets the competitively allocated licence fee (reg 12(1)(a)).

2. Understand fee structure applicable to your licence

• Standard licences:
  • One-year grant: fixed fee of 20.78 fee units payable on granting (reg 5(2)) plus the use fee (reg 5(1)(b)); use fees are $2.40 per adult per day and $1.60 per child per day (regs 6(2)-(3)); aggregate use-fee exposure for the financial year is capped at 1018.74 fee units (reg 7).
  • Multi-year grant: pay 16.3 fee units on granting in respect of the period to 30 June of the grant year and by 30 June for each subsequent financial year (reg 5(3)-(4)); may elect to pay future-year fees as a lump sum on grant (reg 5(5)).
• Competitively allocated licences:
  • Pay the fee fixed by Parks Victoria in the EOI (minimum 20.78 fee units) and the same per-person use fees (reg 12(1)-(3), reg 13(1)).
• Note that the licence fee components expressed in fee units must be converted to dollar amounts using the Treasurer’s published fee-unit value for the relevant financial year (Endnotes).

3. Monitor fee-unit values and convert accurately

• Each year, obtain the Treasurer’s published fee-unit value (published in Government Gazette and a Victorian newspaper before 1 June; Endnotes, Fee Units) and multiply the fee-unit quantities in the Regulations by that value. Apply rounding to the nearest 10 cents as authorised (Endnotes, Fee Units).

Example calculations from the explanatory details (for planning):

• Using the fee-unit values provided in the Endnotes:
  • For financial year commencing 1 July 2024, fee unit = $16.33:
    • Standard one-year licence fee: 20.78 × $16.33 ≈ $339.30 (rounded to nearest 10 cents).
    • Standard annual fee for multi-year licences: 16.3 × $16.33 ≈ $266.20.
    • Use-fee cap: 1018.74 × $16.33 ≈ $16,636.00.
  • For financial year commencing 1 July 2025, fee unit = $16.81:
    • Standard one-year licence fee: 20.78 × $16.81 ≈ $349.30.
    • Standard annual fee for multi-year licences: 16.3 × $16.81 ≈ $274.00.
    • Use-fee cap: 1018.74 × $16.81 ≈ $17,125.00.
• Recompute annually using the current fee-unit value.

4. Set up accounting flows for licence and use fees

• Create accounting lines or journal items for:
  • Licence fee fixed component (fee-unit-based).
  • Use fees collected (per-person payments or accruals payable to Parks Victoria).
  • Reconciliation to the use-fee cap if holding a standard licence.
• Decide payment frequency: use fees may be paid quarterly or annually (reg 8(1) for standard licences; reg 13(2) for competitive licences). For multi-year licence fees, decide whether to pay subsequent-year fees by 30 June each year or to elect a lump-sum on grant (reg 5(5), reg 12(3)(b)).

5. Implement recordkeeping and reporting to Schedule 1 (Form 1)

• Maintain daily records of numbers of adults and children participating in each organised tour or recreational activity as the holder of the licence (regs 9(1), 14(1)).
• Use Form 1 in Schedule 1 for trip returns. The Form requires daily tallies, multiplication by applicable use-fee rates, and periodic certification (Schedule 1).
• Submit trip returns to Parks Victoria quarterly or annually, aligning submission dates with payment cycles to support accurate fee calculation and refunds (regs 9(2)(c), 14(2)(c)).

6. Evidence for child classification

• Keep documentation to verify that persons counted as children fall within reg 3’s definition (under 16 or of compulsory school age and educated at a school). Photographic IDs may not be appropriate; instead maintain booking records, booking terms, or attendance lists that capture age or school status where relevant.

7. Apply for waivers, reductions or refunds when appropriate

• Applications must be in writing (reg 15(2)). Address the mandatory considerations Parks Victoria must have regard to: undue financial hardship, manifest unfairness, and impacts of natural or unnatural events on the ability to operate (reg 15(4)).
• Keep contemporaneous records of events (weather, park closures, natural events) that materially affect operations to support an application.
• Understand ineligibility rules: suspension under s 27J and cancellation under s 27L generally disqualify relief (reg 16). Seek legal advice before surrendering licences or before incurring conduct that might trigger suspension or cancellation if fee relief is expected.

8. Manage surrender and prepayment exposures

• If electing to prepay multi-year fees, configure accounting to track non-commenced years because Parks Victoria may refund pre-paid fees on a pro-rata basis if the licence is surrendered (reg 17) or, in limited circumstances, if cancelled and held more than one year (reg 16(3)).
• Before surrendering, confirm the exact refund calculation method with Parks Victoria to avoid mismatch.

9. Prepare for competitive allocation processes

• If operating in a park where competitive allocation is used, obtain the EOI, review Ministerial guidelines (if any), budget for minimum and potentially significantly higher EOI fees (reg 12(1)-(2)), and consider competitive bid advice.
• Understand that successful bidders will be liable for the competitively set licence fee and the ongoing use fee without the protection of the standard licence cap unless the EOI specifies otherwise.

10. Build administrative controls and audit trails

• Implement reconciliations at financial year end to confirm whether use-fee payments exceeded the cap (reg 8(2)).
• Retain copies of trip returns, payment receipts, waiver applications, and any correspondence with Parks Victoria to support appeals or audit queries.
• Consider periodic internal audits to ensure daily records and Form 1 submissions are accurate and timely.

11. Monitor regulatory developments and expiry

• The Regulations expire on 30 June 2026 (reg 18). Track any replacement instrument or extension, changes to fee-unit valuations published by the Treasurer (Endnotes), and any Ministerial guidelines relevant to competitive allocations.

12. Seek advice where uncertainties arise

• For questions about the application of s 27J and s 27L or the scope of Parks Victoria’s discretions, seek legal advice referencing the National Parks Act and any administrative practice statements by Parks Victoria.

Following these steps will align an operator’s processes with the express duties and options in the Regulations and reduce the risk of inadvertent non-compliance or unexpected financial exposure.