sec.175Regulation-making power

### sec.175 Regulation-making power The Governor in Council may make regulations under this Act. A regulation may be made with respect to any of the following matters— access to protected areas by persons or animals; the use of land, and activities, in protected areas; providing for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons; A regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals. the removal from protected areas of— trespassers; or persons who are believed on reasonable grounds to have contravened this Act; the presence and use of vehicles and boats in, and the flight of aircraft over, protected areas; the taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas; the use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest; giving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ; the taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife; the records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records; the disqualification of persons from holding a licence, permit or other authority; the matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid; the matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid; the institution and conduct of appeals against decisions under a regulation; authorising the taking, keeping or use of a protected animal; exemption from compliance with provisions of a regulation or a conservation plan; prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention. s 175 amd 1994 No. 42 s 47 ; 1995 No. 57 s 4 sch 1 ; 2000 No. 44 s 36 ; 2003 No. 96 ss 24 , 28 sch ; 2004 No. 48 s 186 ; 2005 No. 53 s 159 sch ; 2011 No. 6 s 105 ; 2013 No. 50 s 20 ; 2019 No. 8 s 35 ; 2022 No. 21 s 22 (sec.175-ssec.1) The Governor in Council may make regulations under this Act. (sec.175-ssec.2) A regulation may be made with respect to any of the following matters— access to protected areas by persons or animals; the use of land, and activities, in protected areas; providing for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons; A regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals. the removal from protected areas of— trespassers; or persons who are believed on reasonable grounds to have contravened this Act; the presence and use of vehicles and boats in, and the flight of aircraft over, protected areas; the taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas; the use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest; giving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ; the taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife; the records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records; the disqualification of persons from holding a licence, permit or other authority; the matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid; the matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid; the institution and conduct of appeals against decisions under a regulation; authorising the taking, keeping or use of a protected animal; exemption from compliance with provisions of a regulation or a conservation plan; prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention. - (a) access to protected areas by persons or animals; - (b) the use of land, and activities, in protected areas; - (c) providing for the safety of persons in protected areas, including the regulation of access to, and activities in, protected areas by persons or classes of persons; Example for paragraph (c) — A regulation might regulate camping in a protected area by children, or adults accompanying children, to protect children from injury by animals. - (d) the removal from protected areas of— (i) trespassers; or (ii) persons who are believed on reasonable grounds to have contravened this Act; - (i) trespassers; or - (ii) persons who are believed on reasonable grounds to have contravened this Act; - (e) the presence and use of vehicles and boats in, and the flight of aircraft over, protected areas; - (f) the taking of animals or plants into, or out of, protected areas, and the impounding, removal, destruction or disposal of animals found straying in protected areas; - (g) the use or development of land, and activities, in an area identified under the regulation as, or including, a critical habitat or an area of major interest; - (h) giving effect to, and enforcing compliance with, management and conservation plans or codes of practice approved or made under section 174A ; - (i) the taking, keeping or use of wildlife, the moving of wildlife into, in and out of the State, the release of wildlife into the wild and other dealing with wildlife; - (j) the records to be kept and returns to be lodged by the holders of licences, permits and other authorities and requirements as to the inspection of the records; - (k) the disqualification of persons from holding a licence, permit or other authority; - (l) the matters in respect of which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid; - (m) the matters in respect of which royalties are payable under this Act, the amounts of the royalties, the persons who are liable to pay the royalties, when the royalties are payable, and the recovery of any amount of the royalties not paid; - (n) the institution and conduct of appeals against decisions under a regulation; - (o) authorising the taking, keeping or use of a protected animal; - (p) exemption from compliance with provisions of a regulation or a conservation plan; - (q) prescribing offences for contraventions of a regulation, and fixing a maximum penalty of a fine of not more than 165 penalty units for such a contravention. - (i) trespassers; or - (ii) persons who are believed on reasonable grounds to have contravened this Act;