41When does a person use public unleased land?—pt 3

41 When does a person use public unleased land?—pt 3 (1) In this part: use, public unleased land—a person uses public unleased land if the person carries on an activity on the public unleased land in a way that excludes some or all members of the public from the place. Examples—using public unleased land 1 placing tables and chairs on the footpath outside a cafe 2 placing a construction skip on a footpath 3 placing a charity bin on a footpath 4 holding markets on unleased land 5 holding a concert in a park 6 holding a wedding in a park 7 parking a car in a park 8 a person carrying on business as a hawker sells goods from their van for more than 30 minutes

(2) However, the Minister may declare that an activity on public unleased land is, or is not, use of the public unleased land for this part. An activity that excludes some members of the public from the land may be declared to not be ‘use’ if carried on in certain circumstances or at a particular time. (3) A declaration is a disallowable instrument.