sec.238Approval requirement for driving or riding conditionally registered vehicles

sec.238 Approval requirement for driving or riding conditionally registered vehicles

A person must not drive or ride a conditionally registered vehicle in a protected area without the written approval of the chief executive. Maximum penalty—20 penalty units. The chief executive may give an approval mentioned in subsection (1) to a person only if the chief executive considers the conditionally registered vehicle to which the approval applies is to be used— by the person for any of the following purposes in a protected area— for an emergency or rescue activity; for enforcing a law of the State; for the management of the area; for a commercial purpose authorised under the Act ; conducting a commercial activity under a commercial activity permit or commercial activity agreement mustering stock under a stock mustering permit for supporting an organised event conducted under an organised event permit; for providing a service to users of the area; for the sole purpose of going directly through the area to or from land outside the area if— the person owns, occupies or is authorised to enter the land; and the chief executive considers the most direct and reasonable route to or from the land is through the area; or by the person because they are suffering from a permanent condition that is significantly restricting their mobility. However, the chief executive must not give an approval for a purpose mentioned in subsection (2) (a) (iv) to (vii) or (2) (b) if the chief executive considers the use of the conditionally registered vehicle to which the approval applies would be likely to— cause unreasonable damage to a cultural resource of the area; or have a significant adverse effect on a natural resource of the area; or pose a serious risk to the health or safety of the public in the area. For applying subsection (2) (b) , the chief executive may ask a person to give the chief executive a medical certificate or other document issued by a doctor to verify the nature of the person’s condition. This section does not apply in relation to a special wildlife reserve or nature refuge. In this section— conditionally registered vehicle means a vehicle that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 . (sec.238-ssec.1) A person must not drive or ride a conditionally registered vehicle in a protected area without the written approval of the chief executive. Maximum penalty—20 penalty units. (sec.238-ssec.2) The chief executive may give an approval mentioned in subsection (1) to a person only if the chief executive considers the conditionally registered vehicle to which the approval applies is to be used— by the person for any of the following purposes in a protected area— for an emergency or rescue activity; for enforcing a law of the State; for the management of the area; for a commercial purpose authorised under the Act ; conducting a commercial activity under a commercial activity permit or commercial activity agreement mustering stock under a stock mustering permit for supporting an organised event conducted under an organised event permit; for providing a service to users of the area; for the sole purpose of going directly through the area to or from land outside the area if— the person owns, occupies or is authorised to enter the land; and the chief executive considers the most direct and reasonable route to or from the land is through the area; or by the person because they are suffering from a permanent condition that is significantly restricting their mobility. (sec.238-ssec.3) However, the chief executive must not give an approval for a purpose mentioned in subsection (2) (a) (iv) to (vii) or (2) (b) if the chief executive considers the use of the conditionally registered vehicle to which the approval applies would be likely to— cause unreasonable damage to a cultural resource of the area; or have a significant adverse effect on a natural resource of the area; or pose a serious risk to the health or safety of the public in the area. (sec.238-ssec.4) For applying subsection (2) (b) , the chief executive may ask a person to give the chief executive a medical certificate or other document issued by a doctor to verify the nature of the person’s condition. (sec.238-ssec.5) This section does not apply in relation to a special wildlife reserve or nature refuge. (sec.238-ssec.6) In this section— conditionally registered vehicle means a vehicle that is conditionally registered under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 .

• (a) by the person for any of the following purposes in a protected area— (i) for an emergency or rescue activity; (ii) for enforcing a law of the State; (iii) for the management of the area; (iv) for a commercial purpose authorised under the Act ; Examples— • conducting a commercial activity under a commercial activity permit or commercial activity agreement • mustering stock under a stock mustering permit (v) for supporting an organised event conducted under an organised event permit; (vi) for providing a service to users of the area; (vii) for the sole purpose of going directly through the area to or from land outside the area if— (A) the person owns, occupies or is authorised to enter the land; and (B) the chief executive considers the most direct and reasonable route to or from the land is through the area; or
• (i) for an emergency or rescue activity;
• (ii) for enforcing a law of the State;
• (iii) for the management of the area;
• (iv) for a commercial purpose authorised under the Act ; Examples— • conducting a commercial activity under a commercial activity permit or commercial activity agreement • mustering stock under a stock mustering permit
• • conducting a commercial activity under a commercial activity permit or commercial activity agreement
• • mustering stock under a stock mustering permit
• (v) for supporting an organised event conducted under an organised event permit;
• (vi) for providing a service to users of the area;
• (vii) for the sole purpose of going directly through the area to or from land outside the area if— (A) the person owns, occupies or is authorised to enter the land; and (B) the chief executive considers the most direct and reasonable route to or from the land is through the area; or
• (A) the person owns, occupies or is authorised to enter the land; and
• (B) the chief executive considers the most direct and reasonable route to or from the land is through the area; or
• (b) by the person because they are suffering from a permanent condition that is significantly restricting their mobility.
• (i) for an emergency or rescue activity;
• (ii) for enforcing a law of the State;
• (iii) for the management of the area;
• (iv) for a commercial purpose authorised under the Act ; Examples— • conducting a commercial activity under a commercial activity permit or commercial activity agreement • mustering stock under a stock mustering permit
• • conducting a commercial activity under a commercial activity permit or commercial activity agreement
• • mustering stock under a stock mustering permit
• (v) for supporting an organised event conducted under an organised event permit;
• (vi) for providing a service to users of the area;
• (vii) for the sole purpose of going directly through the area to or from land outside the area if— (A) the person owns, occupies or is authorised to enter the land; and (B) the chief executive considers the most direct and reasonable route to or from the land is through the area; or