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Authorised Version No. 003
National Parks (Tour Operator Licence Fee)
Regulations 2021
S.R. No. 67/2021
Authorised Version incorporating amendments as at
11 June 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provisions 1
3 Definitions 1
Part 2—Standard licence fees 3
4 Application for standard licence 3
5 Annual licence fee for standard licence 3
6 Use fee for standard licence 4
7 Use fee cap 4
8 Payment of use fee 4
9 Use fee form 5
Part 3—Competitively allocated licence fees 6
10 Application of Part 6
11 Application for competitively allocated licence 6
12 Annual licence fees for competitively allocated licence 6
13 Use fee for competitively allocated licence 7
14 Use fee form 7
Part 4—Reduction, refund and waiver 9
15 Reduction, waiver or refund of licence fees 9
16 Fees cannot be waived, reduced or refunded in certain
circumstances 10
17 Surrender of licence 11
Part 5—Expiry 12
18 Expiry 12
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Regulation Page
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Schedule 1 13
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Endnotes 14
1 General information 14
2 Table of Amendments 16
3 Explanatory details 17
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1
Authorised Version No. 003
National Parks (Tour Operator Licence Fee)
Regulations 2021
S.R. No. 67/2021
Authorised Version incorporating amendments as at
11 June 2025
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe the fees payable in respect of
tour operator licences granted in respect of a
park under the National Parks Act 1975;
and
(b) to provide for the reduction, waiver or refund
of tour operator licence fees.
2 Authorising provisions
These Regulations are made under sections 48
and 48AA of the National Parks Act 1975.
3 Definitions
In these Regulations—
child means—
(a) a person under the age of 16; or
(b) a person of compulsory school age who
is educated at a school;
competitively allocated licence means a tour
operator licence granted to a person
following a competitive licence application
process;
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compulsory school age has the same meaning as
it has in the Education and Training
Reform Act 2006;
Expression of Interest document means an
invitation advertised to the public requesting
persons interested in conducting organised
tours or recreational activities for profit that
are specified in the document to apply for a
competitively allocated licence;
school has the same meaning as it has in the
Education and Training Reform Act 2006;
standard licence means a tour operator licence
granted to a person following a standard
licence application process;
the Act means the National Parks Act 1975;
use fee means the fee payable by the holder of
a tour operator licence calculated by Parks
Victoria based on the number of individuals
who, each day, enter a park as part of an
organised tour or recreational activity for
profit conducted by the holder of the tour
operator licence;
use fee cap means the maximum use fee specified
in regulation 7.
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Part 2—Standard licence fees
4 Application for standard licence
For the purposes of section 27E of the Act, an
applicant for a standard licence is not required to
pay a fee under that section but is required to pay
an annual licence fee under regulation 5 if granted
that licence.
5 Annual licence fee for standard licence
(1) For the purposes of section 27F of the Act, the
annual licence fee for a standard licence granted
for one year comprises—
(a) a fee in accordance with subregulation (2);
and
(b) a use fee in accordance with regulation 6.
(2) The holder of a standard licence granted for one
year must pay a fee of 20·78 fee units on the
granting of the licence.
(3) For the purposes of section 27F of the Act, the
annual licence fee for a standard licence granted
for more than one year comprises—
(a) the relevant fees in accordance with
subregulation (4)(a) and (b); and
(b) a use fee in accordance with regulation 6.
(4) The holder of a standard licence granted for more
than one year must pay a fee of 16·3 fee units—
(a) on the granting of the licence, in respect of
the period commencing on the granting of
the licence and ending on 30 June of the
financial year in which the licence was
granted; and
(b) by 30 June in respect of each subsequent
financial year for which the licence is in
force.
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(5) The holder of a standard licence granted for more
than one year may elect to pay the fee payable
under subregulation (4)(b) in a lump sum on the
granting of the licence.
6 Use fee for standard licence
(1) Subject to regulation 7, the use fee payable on
a standard licence is comprised of the amount
calculated by Parks Victoria under subregulations
(2) and (3).
(2) The use fee payable in respect of each person who
is not a child is $2.40 for each day the person
participates in an organised tour or recreational
activity for which the holder of the standard
licence holds the licence.
(3) The use fee payable in respect of each child is
$1.60 for each day the child participates in an
organised tour or recreational activity for which
the holder of the standard licence holds the
licence.
7 Use fee cap
If the use fees payable under regulation 6 by the
holder of a standard licence at the end of each
financial year exceed the use fee cap of
1018·74 fee units, the holder of the licence is
not liable to pay any use fees in excess of that
use fee cap.
8 Payment of use fee
(1) The holder of a standard licence may pay the use
fees payable under the licence quarterly or
annually.
(2) If the holder of a standard licence pays the use
fees payable under the licence and that licence
holder pays more than the use fee cap, at the end
of the financial year the licence holder is entitled
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to a refund for any amount paid in excess of the
use fee cap.
9 Use fee form
(1) The holder of a standard licence must maintain a
record of the number of persons that participate in
any organised tour or recreational activity for
which the holder of the standard licence holds the
licence.
(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised
tour or recreational activity is conducted; and
(b) be in Form 1 in Schedule 1; and
(c) be provided to Parks Victoria on a quarterly
or an annual basis.
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Part 3—Competitively allocated licence fees
10 Application of Part
This Part applies if Parks Victoria determines that
it is necessary to limit the number of tour operator
licences granted in respect of a park for all or any
of the following—
(a) environmental reasons;
(b) cultural reasons;
(c) to ensure public safety.
11 Application for competitively allocated licence
For the purposes of section 27E of the Act, an
applicant for a competitively allocated licence is
not required to pay a fee under that section but is
required to pay an annual licence fee under
regulation 12 if granted that licence.
12 Annual licence fees for competitively allocated
licence
(1) For the purposes of section 27F of the Act, the
annual licence fee for a competitively allocated
licence comprises—
(a) the fee fixed by Parks Victoria and set out in
the relevant Expression of Interest document
for that competitively allocated licence,
having regard to any guidelines issued by the
Minister; and
(b) a use fee calculated in accordance with
regulation 13.
(2) The fee fixed by Parks Victoria under
subregulation (1)(a) must be a minimum of
20·78 fee units.
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(3) The holder of a competitively allocated
licence must pay the licence fee fixed under
subregulation (1)(a)—
(a) on the granting of the licence in respect of
the period commencing on the granting of
the licence and ending on 30 June of the
financial year in which the licence was
granted, and by 30 June in respect of each
subsequent financial year for which the
licence is in force; or
(b) in a lump sum at the start of the licence
period.
13 Use fee for competitively allocated licence
(1) The use fee payable on a competitively allocated
licence is the amount calculated by Parks Victoria
as follows—
(a) $2.40 in respect of each person who is not a
child for each day the person participates in
an organised tour or recreational activity for
which the holder of the competitively
allocated licence holds the licence;
(b) $1.60 in respect of each child for each day
the child participates in an organised tour or
recreational activity for which the holder of
the competitively allocated licence holds the
licence.
(2) The holder of a competitively allocated licence
may pay the use fee quarterly or annually.
14 Use fee form
(1) The holder of a competitively allocated licence
must maintain a record of the number of persons
who participate in any organised tour or
recreational activity for which the holder of the
competitively allocated licence holds the licence.
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(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised
tour or recreational activity is conducted; and
(b) be in Form 1 in Schedule 1; and
(c) be provided to Parks Victoria on a quarterly
or an annual basis.
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Part 4—Reduction, refund and waiver
15 Reduction, waiver or refund of licence fees
(1) The holder of a standard licence or the holder of a
competitively allocated licence may apply to
Parks Victoria for a fee payable under these
Regulations—
(a) to be waived in full or in part; or
(b) to be reduced; or
(c) to be refunded.
(2) An application under subregulation (1) must be in
writing.
(3) Subject to regulation 16, Parks Victoria may—
(a) waive, in full or in part, a fee payable under
these Regulations; or
(b) reduce a fee payable under these
Regulations; or
(c) refund a fee paid under these Regulations.
(4) Parks Victoria must have regard to the
following when making a decision under
subregulation (3)—
(a) whether payment of the fee would cause, or
has caused, undue financial hardship to the
holder of a licence;
(b) whether payment of the fee by a holder of a
licence would be manifestly unfair;
(c) the impact a natural or unnatural event has
had on the ability of a holder of a licence to
continue to conduct organised tours or
recreational activities in a park.
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(5) A waiver, reduction or refund under subregulation
(3) may be made—
(a) on Parks Victoria's own motion; or
(b) on an application under subregulation (1).
16 Fees cannot be waived, reduced or refunded in
certain circumstances
(1) The holder of a standard licence, or the holder of a
competitively allocated licence, whose licence has
been suspended under section 27J of the Act is not
eligible to have—
(a) outstanding fees payable under these
Regulations waived; or
(b) outstanding fees payable under these
Regulations reduced; or
(c) any fees paid under these Regulations
refunded.
(2) Subject to subregulation (3), a person whose
licence has been cancelled under section 27L of
the Act is not eligible to have—
(a) outstanding fees payable under these
Regulations waived; or
(b) outstanding fees payable under these
Regulations reduced; or
(c) in the case of a licence granted for one
year—any fees paid under these Regulations
refunded; or
(d) in the case of a licence granted for more than
one year—any fees paid for any completed
or commenced year of the licence refunded.
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(3) If a person whose licence has been cancelled
under section 27L of the Act held that licence for
a period greater than one year before that
cancellation, that person remains eligible for a
refund on a pro-rata basis of fees for a
non-commenced year of the licence if that person
paid the fees in advance.
17 Surrender of licence
Parks Victoria may refund to a holder of a licence
on a pro-rata basis for any non-commenced year
of the licence any fees paid in advance under these
Regulations if the holder of the licence surrenders
the licence.
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Part 5—Expiry
18 Expiry
These Regulations expire on 30 June 2026.
Reg. 18
amended by
S.R. Nos
44/2023 reg. 3,
44/2025 reg. 3.
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Schedule 1
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Schedule 1
FORM 1
Regulations 9 and 14
TOUR OPERATOR TRIP RETURN
Licence No.:
Licence Holder:
Date Location Activity
No. of
adults
x No. of
days/
trips
A
x $XX
= Total Total
No. of
students/
children
x No. of
days/
trips Total
B
x $XX
= Total
A + B
totals =
Use fee
total
Use fee
amount: $
I certify that the records above are a true and correct account of all tours
conducted on public land for the period:
Please tick 1 July–30 September 1 January–31 March
1 October–31 December 1 April–30 June
Address of land management agency:
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
The National Parks (Tour Operator Licence Fee) Regulations 2021,
S.R. No. 67/2021 were made on 29 June 2021 by the Governor in Council
under sections 48 and 48AA of the National Parks Act 1975, No. 8702/1975
and came into operation on 29 June 2021.
The National Parks (Tour Operator Licence Fee) Regulations 2021 will
expire on 30 June 2026: see regulation 18 (as amended by S.R. Nos 44/2023
and 44/2025).
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
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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).
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2 Table of Amendments
This publication incorporates amendments made to the National Parks (Tour
Operator Licence Fee) Regulations 2021 by statutory rules, subordinate
instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
National Parks (Tour Operator Licence Fee) Amendment Regulations 2023,
S.R. No. 44/2023
Date of Making: 6.6.23
Date of Commencement: 6.6.23
National Parks (Tour Operator Licence Fee) Amendment Regulations 2025,
S.R. No. 44/2025
Date of Making: 11.6.25
Date of Commencement: 11.6.25
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Endnotes
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3 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004. The amount of the fee is to be
calculated, in accordance with section 7 of that Act, by multiplying the
number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is
$16.33 and for the financial year commencing 1 July 2025 is $16.81. The
amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee 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
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.