This Act sets up a legal framework for off‑road motorised recreation: the Environment Protection Authority (EPA) can designate land as a "recreation vehicle area" and direct occupiers; Transport for NSW runs a separate registration scheme and issues plates for vehicles used there. Owners and drivers must insure, register and keep vehicles in "registrable condition", obey signage and authorised officers’ directions, pay prescribed fees, and may face fines, plate removal or cancellation for breaches. Appeals are to the Local Court.
The Recreation Vehicles Act 1983 establishes a statutory framework for the designation and management of land for off‑road motor recreational use, the registration and control of motor vehicles used in those areas, and the appointment and powers of authorised officers to enforce the scheme. The Act creates two decision‑makers with distinct roles: the Environment Protection Authority (EPA) decides whether land may be designated as a recreation vehicle area and may issue directions to occupiers of such areas (see s 10, s 11 and s 32A), while Transport for NSW maintains a register and decides on registration of motor vehicles for use in recreation vehicle areas (see s 16 and s 18).
Mechanically the Act does the following:
Enables an occupier of land to apply to the EPA to have the land designated as a recreation vehicle area, subject to compliance with planning law (s 10, s 11(2)). The EPA must publish the designation by Gazette (s 11(1)).
Creates a distinct registration pathway for off‑road vehicles used in recreation vehicle areas. Transport for NSW must keep a register (s 16) and register vehicles that meet statutory requirements, including insurance and being in a "registrable condition" (s 17, s 18).
Imports selected on‑road offences into recreation vehicle areas by applying specified provisions of the Road Transport Act 2013 to those areas (s 23), but otherwise removes the bulk of road transport legislation from applying in recreation vehicle areas (s 5).
Gives authorised officers powers to inspect, test, detain, seize and remove motor vehicles in recreation vehicle areas and on restricted land and to remove registration plates where a vehicle is not in registrable condition (s 33, s 28).
Provides for the EPA to give written directions to occupiers about signage, track demarcation, prohibited activities and other matters stated in s 32A. Those directions take effect on service (s 32A(1)-(2)).
Current sections
Direct links to the current provisions in Recreation Vehicles Act 1983.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3
3 (Repealed)
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
district registry means a motor registry within the meaning of section 176 of the Road Transport Act 2013.
drive, in relation to a motor vehicle, includes—
(a) ride the motor vehicle (otherwise than as a passenger), and
(b) cause the motor vehicle to stand.
identification certificate means—
(a) in relation to a person who is for the time being appointed as an authorised officer under section 6 (1)—a certificate issued to the person pursuant to section 7 (1), or
(b) in relation to a member of the police force—a certificate issued to the member of the police force pursuant to the Police Regulation Act 1899.
motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013.
number-plate, in relation to a motor vehicle registered within the meaning of the Road Transport Act 2013, means a number-plate issued under that Act.
occupier, in relation to land, means any person who is in actual occupation of the land or, where no person is in actual occupation of the land, any person who has the right of immediate occupation of the land or who has the care, control and management of the land.
officer includes employee and servant.
parent, in relation to a child, includes a guardian of the child and any other person who stands in loco parentis to the child.
public authority means a public or local authority constituted by or under any Act, a government Department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body.
public road has the meaning ascribed to that expression in the Roads Act 1993.
recreation vehicle area means land which is designated as a recreation vehicle area pursuant to an order in force under section 11 (1).
register means the register kept pursuant to section 16 (1).
registered motor vehicle means a motor vehicle which is registered under this Act.
registered owner means—
(a) in relation to a motor vehicle which is registered under this Act—the person whose name is entered in the register, pursuant to section 16 (2), in relation to the motor vehicle, or
(b) in relation to a motor vehicle that is registered within the meaning of the Road Transport Act 2013—a registered operator of the vehicle within the meaning of that Act.
registration means registration under section 18 (1), and includes renewal of registration.
registration plate means a registration plate issued under section 19 (1).
regulation means a regulation made under this Act.
restricted land means land which is neither—
(a) a public road, nor
(b) a recreation vehicle area.
(2) In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty,
(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty, and
(c) the occupier of land includes, where there are 2 or more occupiers of that land, a reference to any one of those occupiers.
(3) For the purposes of this Act, a motor vehicle is in registrable condition if, and only if, it complies with such design, construction, equipment and performance standards as are prescribed in relation to motor vehicles of the class to which the motor vehicle belongs.
(4) (Repealed)
s 4: Am 1985 No 140, Sch 1; 1988 No 114, Sch 4; 1991 No 60, Sch 3; 1993 No 33, Sch 1; 1995 No 11, Sch 1; 1997 No 115, Sch 4.17 [1]; 1997 No 119, Sch 2.20 [1] [2] (am 1998 No 26, Sch 1 [13]); 1999 No 19, Sch 2.34 [1] [2]; 2005 No 11, Sch 3.30 [1] [2]; 2013 No 19, Sch 4.69 [1]–[3].
5
Application of road transport legislation
5 Application of road transport legislation
5 Application of road transport legislation
(1) Except as provided by or under this Act, the road transport legislation does not apply to or in respect of a motor vehicle, or the driving of a motor vehicle, in a recreation vehicle area.
(2) Subsection (1) does not limit the operation of section 195 of the Road Transport Act 2013 in respect of offences committed under this Act or the regulations.
(3) In this Act, road transport legislation has the same meaning as it has in the Road Transport Act 2013.
s 5: Am 1988 No 114, Sch 4. Subst 1999 No 19, Sch 2.34 [3]. Am 2005 No 11, Sch 3.30 [3] [4]; 2013 No 19, Sch 4.69 [4] [5].
Part 2
Authorised officers
Part 2 Authorised officers
Part 2 Authorised officers
6
Appointment of authorised officers
6 Appointment of authorised officers
6 Appointment of authorised officers
(1) The Environment Protection Authority may by instrument in writing appoint, as an authorised officer for the purposes of this Act, any person the Environment Protection Authority considers suitably qualified to be so appointed.
(2) As many persons as the Environment Protection Authority considers necessary may be appointed under this section.
s 6: Am 1987 No 48, Sch 32. Subst 1988 No 15, Sch 1 (2).
7
Identification certificates
7 Identification certificates
7 Identification certificates
(1) Upon appointing a person as an authorised officer, the Environment Protection Authority shall issue to the person an identification certificate.
(2) A person appointed as an authorised officer under section 6 (1) shall, upon ceasing to be an authorised officer, surrender the person’s identification certificate to the Environment Protection Authority.
Maximum penalty—1 penalty unit.
(3) An identification certificate referred to in subsection (1) shall be in or to the effect of the prescribed form.
(4) Such a certificate may, at the time it is issued and from time to time thereafter, be endorsed with provisions enlarging the area within which, but for those provisions, the authority of its holder would be confined by section 9.
s 7: Am 1988 No 15, Sch 1 (3); 1992 No 112, Sch 1.
8
Members of police force ex officio authorised officers
8 Members of police force ex officio authorised officers
8 Members of police force ex officio authorised officers
A member of the police force is ex officio an authorised officer.
9
Functions of authorised officers
9 Functions of authorised officers
9 Functions of authorised officers
(1) An authorised officer shall have, and may exercise, such functions as are conferred or imposed on an authorised officer by or under this Act.
(2) Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an employee of a council does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within the council’s area.
(3) Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an officer of a public authority (other than the Environment Protection Authority or a council) does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within land occupied by, or under the care, control and management of, the public authority.
s 9: Am 1988 No 15, Sch 1 (4); 1995 No 11, Sch 1.
Part 3
Recreation vehicle areas
Part 3 Recreation vehicle areas
Part 3 Recreation vehicle areas
10
Applications for designation of land as a recreation vehicle area
10 Applications for designation of land as a recreation vehicle area
10 Applications for designation of land as a recreation vehicle area
(1) An occupier of land may apply to the Environment Protection Authority for the designation of the land as a recreation vehicle area.
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed particulars in relation to the land,
(ii) evidence that any necessary development consent under the Environmental Planning and Assessment Act 1979 has been obtained in relation to the use of that land for the purposes of a recreation vehicle area, and
(iii) the prescribed fee, and
(c) be lodged at an office of the Environment Protection Authority.
11
Designation of land as a recreation vehicle area
11 Designation of land as a recreation vehicle area
11 Designation of land as a recreation vehicle area
(1) Except as provided by subsection (2), the Environment Protection Authority shall, as soon as practicable after receiving an application made in accordance with section 10, by order published in the Gazette, designate the land the subject of the application as a recreation vehicle area.
(2) The Environment Protection Authority shall not designate land as a recreation vehicle area where it appears to the Environment Protection Authority that the use of the land for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act.
12
Applications for rescission or variation of designation
12 Applications for rescission or variation of designation
12 Applications for rescission or variation of designation
(1) An occupier of land which comprises or partly comprises a recreation vehicle area may apply to the Environment Protection Authority for the whole of the land, or such part of the land as is described in the application, to cease to be designated as a recreation vehicle area.
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed particulars in relation to the land, and
(ii) the prescribed fee, and
(c) be lodged at an office of the Environment Protection Authority.
13
Rescission or variation of designation on application of occupier
13 Rescission or variation of designation on application of occupier
13 Rescission or variation of designation on application of occupier
The Environment Protection Authority shall, as soon as practicable after receiving an application made in accordance with section 12, by order published in the Gazette—
(a) where the land described in the application comprises the whole of a recreation vehicle area—rescind the order under section 11 (1) relating to that land, or
(b) where the land described in the application comprises part of a recreation vehicle area—vary the order under section 11 (1) relating to that land by excluding from the operation of that order the land so described.
14
Rescission or variation of designation by Environment Protection Authority
14 Rescission or variation of designation by Environment Protection Authority
14 Rescission or variation of designation by Environment Protection Authority
(1) The Environment Protection Authority shall, by order published in the Gazette—
(a) where it appears to the Environment Protection Authority that the use of the whole of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act—rescind the order under section 11 (1) relating to that land, or
(b) where it appears to the Environment Protection Authority that the use of part of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of that Act or any such instrument—vary the order under section 11 (1) relating to that land by excluding from the operation of that order that part of the land.
(2) If the Environment Protection Authority is satisfied that—
(a) any provision of this Act or the regulations, or any direction given under section 32A, has not been or is not being complied with by the occupier of land comprising a recreation vehicle area, and
(b) as a result of that non-compliance, the safety of persons resorting to or using the area, or of the public, is endangered,
the Environment Protection Authority may, by order published in the Gazette, rescind the order under section 11 (1) relating to that land.
(3) The Environment Protection Authority shall, as soon as practicable after making an order under this section, cause notice of the making of the order to be served on the occupier of the land to which the order relates.
s 14: Am 1988 No 15, Sch 1 (5).
Part 4
Registration of motor vehicles for use in recreation vehicle areas
Part 4 Registration of motor vehicles for use in recreation vehicle areas
Part 4 Registration of motor vehicles for use in recreation vehicle areas
15
Definitions
15 Definitions
15 Definitions
In this Part—
application, in relation to a motor vehicle, means an application under section 17 (1).
approved means approved for the time being by Transport for NSW.
s 15: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
16
Register
16 Register
16 Register
(1) Transport for NSW shall cause a register to be kept for the purposes of this Act.
(2) Transport for NSW registers a motor vehicle under this Act by causing to be entered in the register—
(a) the prescribed particulars in relation to the motor vehicle, and
(b) the name of, and the prescribed particulars in relation to, the applicant for registration of the motor vehicle.
s 16: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
17
Applications
17 Applications
17 Applications
(1) A person (other than a child) may apply to Transport for NSW for the registration of a motor vehicle under this Act.
(2) An application shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed information in relation to the motor vehicle and the applicant,
(ii) a statement, in or to the effect of the prescribed form, by the applicant to the effect that the motor vehicle is in registrable condition,
(3) An application for renewal of registration may be made only on or before September 30th of the year during which the renewal of registration is intended to take effect.
s 17: Am 1985 No 140, Sch 1; 1986 No 16, Sch 23; 1987 No 102, Sch 1; 1988 No 103, Sch 1; 1988 No 114, Sch 4; 1999 No 41, Sch 4.11 [1]; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
18
Registration
18 Registration
18 Registration
(1) Except as provided by subsection (2), Transport for NSW shall register a motor vehicle the subject of an application made in accordance with section 17.
(2) Transport for NSW shall not register a motor vehicle unless Transport for NSW is satisfied that—
(a) the applicant for registration of the motor vehicle is not a child,
(c) the motor vehicle is in registrable condition.
(3) For the purpose of enabling Transport for NSW to ascertain whether or not a motor vehicle is in registrable condition, the applicant for registration of the motor vehicle shall—
(a) furnish to Transport for NSW such information (in addition to such information as is required by section 17 (2) to accompany the application for registration of the motor vehicle) as Transport for NSW may reasonably require in relation to the condition of the motor vehicle, and
(b) permit the motor vehicle to be inspected and tested by such person or persons as Transport for NSW may determine.
(4) Where Transport for NSW refuses to register a motor vehicle, Transport for NSW shall, as soon as practicable after so refusing, cause notice of the refusal, and of the grounds therefor, to be served on the applicant for registration of the motor vehicle.
s 18: Am 1986 No 16, Sch 23; 1987 No 102, Sch 1; 1988 No 103, Sch 1; 1988 No 114, Sch 4; 1999 No 41, Sch 4.11 [2]; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
19
Registration certificates and registration plates
19 Registration certificates and registration plates
19 Registration certificates and registration plates
(1) Upon registering a motor vehicle, Transport for NSW shall issue to the registered owner of the motor vehicle—
(a) a certificate of registration for the motor vehicle, and
(b) the prescribed number of registration plates for the motor vehicle.
(2) A certificate of registration shall be in or to the effect of the approved form.
(3) A registration plate shall—
(a) be in or to the effect of the approved form, and
(b) remain the property of Transport for NSW.
s 19: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
20
Term of registration
20 Term of registration
20 Term of registration
The registration of a motor vehicle—
(a) takes effect—
(i) on the date on which the motor vehicle is registered, or
(ii) in the case of a renewal of registration—on 1 October following the date on which the application for renewal of registration was made, and
(b) ceases to have effect—
(i) subject to any renewal of the registration, on 30 September following the date on which the registration took effect, or
(ii) upon cancellation of the registration,
whichever first occurs.
21
Cancellation of registration
21 Cancellation of registration
21 Cancellation of registration
Transport for NSW may cancel the registration of a motor vehicle—
(a) where the registered owner of the motor vehicle so requests,
(b) where any fee payable under section 17 (2) (b) (iv) in relation to the registration of the motor vehicle is not paid,
(c) where any information furnished to Transport for NSW pursuant to section 17 (2) (b) or 18 (3) (a) in relation to the registration of the motor vehicle is false or misleading in a material particular,
(d) where a registration plate for the motor vehicle has been forwarded to Transport for NSW pursuant to section 30 (2),
(e) where Transport for NSW has registered the motor vehicle in error, or
s 21: Am 1986 No 16, Sch 23; 1987 No 102, Sch 1; 1988 No 103, Sch 1; 1988 No 114, Sch 4; 1999 No 41, Sch 4.11 [3]; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
22
Surrender of registration plates
22 Surrender of registration plates
22 Surrender of registration plates
(1) Within 3 days after the registration of a motor vehicle ceases to have effect, the person who was the registered owner of the motor vehicle immediately before the registration ceased to have effect shall surrender the registration plate or registration plates for the motor vehicle to Transport for NSW.
Maximum penalty—5 penalty units.
(2) Where the registration of a motor vehicle has ceased to have effect, an authorised officer or any person authorised by Transport for NSW in that behalf may seize any registration plate relating to the motor vehicle.
s 22: Am 1988 No 114, Sch 4; 1992 No 112, Sch 1; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
Part 5
Regulation of off-road use of motor vehicles
Part 5 Regulation of off-road use of motor vehicles
Part 5 Regulation of off-road use of motor vehicles
Division 1
Recreation vehicle areas
Division 1 Recreation vehicle areas
Division 1 Recreation vehicle areas
23
Application of certain offences under Road Transport Act 2013
23 Application of certain offences under Road Transport Act 2013
(1) Sections 110, 111A, 112 and 117 of the Road Transport Act 2013 apply to and in respect of the driving of a motor vehicle in a recreation vehicle area in the same manner as those sections apply to and in respect of the driving of a motor vehicle upon a road or road related area within the meaning of that Act.
(2) In the application of sections 110, 111A, 112 and 117 of the Road Transport Act 2013 to or in respect of the driving of a motor vehicle in a recreation vehicle area, a reference in those sections to a road or road related area shall be read and construed as a reference to a recreation vehicle area.
s 23: Am 1988 No 114, Sch 4; 1997 No 115, Sch 4.17 [2]; 1999 No 19, Sch 2.34 [4] [5]; 2013 No 19, Sch 4.69 [6]; 2021 No 3, Sch 2.4.
24
Prohibition of unregistered vehicles in recreation vehicle areas
24 Prohibition of unregistered vehicles in recreation vehicle areas
24 Prohibition of unregistered vehicles in recreation vehicle areas
(1) A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless the motor vehicle is registered under this Act or within the meaning of the Road Transport Act 2013.
Maximum penalty—5 penalty units.
(2) A parent of a child shall not cause or permit the child to drive a motor vehicle in a recreation vehicle area unless the motor vehicle is registered under this Act or within the meaning of the Road Transport Act 2013.
Maximum penalty—5 penalty units.
(3) In any proceedings for an offence against subsection (1) or (2) in relation to a motor vehicle, evidence that no registration plate or number-plate was attached to the motor vehicle at the time the offence is alleged to have been committed is prima facie evidence that the motor vehicle was not registered under this Act or within the meaning of the Road Transport Act 2013 at that time.
(4) For the purposes of subsections (1) and (2), a registered motor vehicle shall be deemed not to be registered under this Act where any registration plate for the motor vehicle—
(a) has been removed from the motor vehicle pursuant to section 28 (1), and
(b) has not been returned to the registered owner of the motor vehicle pursuant to section 30 (1).
s 24: Am 1988 No 114, Sch 4; 1992 No 112, Sch 1; 1997 No 119, Sch 2.20 [3]; 2013 No 19, Sch 4.69 [7].
25
Children under eight years not to drive motor vehicles
25 Children under eight years not to drive motor vehicles
25 Children under eight years not to drive motor vehicles
A person shall not cause or permit any child to drive a motor vehicle in a recreation vehicle area unless the child has attained the age of 8 years.
Maximum penalty—5 penalty units.
s 25: Am 1992 No 112, Sch 1.
26
Registration plates etc to be attached to motor vehicles
26 Registration plates etc to be attached to motor vehicles
26 Registration plates etc to be attached to motor vehicles
A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless—
(a) in the case of a motor vehicle registered under this Act—the motor vehicle’s registration plate or registration plates is or are attached to the motor vehicle in the prescribed manner, or
(b) in the case of a motor vehicle registered within the meaning of the Road Transport Act 2013—the motor vehicle’s number-plate or number-plates is or are attached to the motor vehicle in the manner prescribed under that Act.
Maximum penalty—5 penalty units.
s 26: Am 1988 No 114, Sch 4; 1992 No 112, Sch 1; 1997 No 119, Sch 2.20 [4]; 2013 No 19, Sch 4.69 [8].
27
Motor vehicles not in registrable condition
27 Motor vehicles not in registrable condition
27 Motor vehicles not in registrable condition
A person shall not drive a motor vehicle in a recreation vehicle area, or cause or permit a motor vehicle to be driven in a recreation vehicle area, unless the motor vehicle is in registrable condition.
Maximum penalty—5 penalty units.
s 27: Am 1992 No 112, Sch 1.
28
Removal of registration plates from motor vehicles not in registrable condition
28 Removal of registration plates from motor vehicles not in registrable condition
28 Removal of registration plates from motor vehicles not in registrable condition
(1) Where an authorised officer is of the opinion that a registered motor vehicle which is in a recreation vehicle area is not in registrable condition, the officer may remove from the motor vehicle any registration plate attached thereto.
(2) Upon removing a registration plate from a registered motor vehicle, an authorised officer—
(a) shall—
(i) issue to the driver of the motor vehicle, or
(ii) where no person appears to the officer to be the driver of the motor vehicle—attach to, or leave upon, the motor vehicle,
a notice to the effect that the motor vehicle is not in registrable condition, and
(b) except as provided by section 30 (2)—retain possession of the registration plate.
(3) A notice referred to in subsection (2) (a) shall—
(a) be in or to the effect of the prescribed form,
(b) specify the defect in respect of which the authorised officer is of the opinion that the motor vehicle concerned is not in registrable condition,
(c) specify the address at which the registration plate concerned is being retained, and
(d) be signed by the authorised officer.
29
Applications for return of registration plates
29 Applications for return of registration plates
29 Applications for return of registration plates
(1) A person may apply to an authorised officer for the return of a registration plate removed from a registered motor vehicle by the officer pursuant to section 28 (1).
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed information in relation to the motor vehicle,
(ii) a statement by the registered owner of the motor vehicle concerned to the effect that the defect specified pursuant to section 28 (3) (b) in the relevant notice has been remedied by means of such measures as are described in the application, and
(iii) a statement, in or to the effect of the prescribed form, by the registered owner of the motor vehicle concerned to the effect that the motor vehicle is in registrable condition, and
(c) be lodged at the address specified pursuant to section 28 (3) (c) in the relevant notice.
30
Return of registration plates
30 Return of registration plates
30 Return of registration plates
(1) An authorised officer shall return a registration plate the subject of an application made to the officer in accordance with section 29 to the registered owner of the motor vehicle from which the registration plate was removed pursuant to section 28 (1).
(2) Where an application for the return of a registration plate has not been made in accordance with section 29—
(a) within 21 days after an authorised officer has removed the registration plate from a motor vehicle pursuant to section 28 (1), or
(b) within such longer period as the authorised officer may, upon application made by the registered owner of the motor vehicle concerned, allow,
the authorised officer shall forward the registration plate to Transport for NSW.
s 30: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
Division 2
Restricted land
Division 2 Restricted land
Division 2 Restricted land
31
Use of motor vehicles on restricted land
31 Use of motor vehicles on restricted land
31 Use of motor vehicles on restricted land
(1) A person shall not drive a motor vehicle upon restricted land, or cause or permit a motor vehicle to be driven upon restricted land, in wilful contravention of a direction given (in whatever manner) by the occupier of that land.
Maximum penalty—5 penalty units.
(2) This section does not—
(a) affect rights conferred—
(i) by or under any other Act or law, or
(ii) by or under any covenant or agreement or by user, or
(b) render any person liable to a penalty as a consequence of the exercise of a right so conferred.
s 31: Am 1988 No 15, Sch 1 (6); 1992 No 112, Sch 1.
Part 6
Appeals
Part 6 Appeals
Part 6 Appeals
32
Appeals
32 Appeals
32 Appeals
(1) A person may, in accordance with the regulations, appeal to the Local Court against—
(a) the refusal by Transport for NSW to register a motor vehicle the subject of an application under section 17 (1) by that person,
(b) the cancellation by Transport for NSW of the registration of a motor vehicle of which that person was the registered owner immediately before that registration was cancelled, or
(c) the rescission by the Environment Protection Authority, under section 14 (2), of an order under section 11 (1) in respect of land comprising a recreation vehicle area of which the person is the occupier.
(2) An appeal under subsection (1) shall be in the nature of a rehearing.
(3) An appeal under subsection (1) shall be heard and determined by the Local Court.
(4) The determination of the Local Court is final and is binding on the appellant and on Transport for NSW or the Environment Protection Authority, as the case may be.
s 32: Am 1988 No 15, Sch 1 (7); 1988 No 114, Sch 4; 2007 No 94, Sch 2; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
Part 7
Supplementary
Part 7 Supplementary
Part 7 Supplementary
32A
Directions
32A Directions
32A Directions
(1) The Environment Protection Authority may, by notice in writing served on the occupier of a recreation vehicle area, give one or more directions to the occupier with respect to any one or more of the following—
(a) notices and signs to be erected in the area,
(b) regulating or prohibiting the conduct, by or on behalf of the occupier or with the consent of the occupier, of a sporting activity involving motor vehicles,
(c) the demarcation of tracks and circuits,
(d) any other matter which, in the opinion of the Environment Protection Authority, is calculated to serve the interests of persons resorting to or using the area or of residents in the neighbourhood of the area or the public interest.
(2) A direction under this section takes effect on the day on which the notice by which it is given is served or, if a later day is specified for that purpose in the notice, on that later day.
s 32A: Ins 1988 No 15, Sch 1 (8).
33
Powers of authorised officers: generally
33 Powers of authorised officers: generally
33 Powers of authorised officers: generally
(1) For the purposes of this Act and the regulations, an authorised officer may do any one or more of the following things—
(a) the officer may inspect and test a motor vehicle which is in a recreation vehicle area,
(b) the officer may direct the driver of a motor vehicle which is being driven in a recreation vehicle area or upon restricted land—
(i) to remove the motor vehicle from that area or land,
(ii) to furnish the officer with the name and address of the driver, or
(iii) to furnish the officer with the name and address of the owner of the motor vehicle,
(c) the officer may direct a person not to drive a motor vehicle, or cause or permit a motor vehicle to be driven, in a recreation vehicle area or upon restricted land,
(d) the officer may remove a motor vehicle from a recreation vehicle area or from restricted land.
(2) A person shall not, without reasonable excuse, fail to comply with a direction given to the person pursuant to subsection (1) (b) or (c).
Maximum penalty—5 penalty units.
(3) For the purpose of enabling an authorised officer to exercise the powers conferred on the officer by subsection (1), the officer may do any one or more of the following things—
(a) the officer may enter any recreation vehicle area or restricted land (other than a dwelling),
(b) the officer may stop and detain any motor vehicle which is in a recreation vehicle area or upon restricted land,
(c) the officer may seize, enter and drive any motor vehicle which is in a recreation vehicle area or upon restricted land.
(4) For the purposes of subsection (1) (b) (iii), a reference to the owner of a motor vehicle includes, where the motor vehicle is registered under this Act or within the meaning of the Road Transport Act 2013, a reference to the registered owner of the motor vehicle.
s 33: Am 1988 No 114, Sch 4; 1992 No 112, Sch 1; 1997 No 119, Sch 2.20 [5]; 2013 No 19, Sch 4.69 [9].
34
Identification certificates to be produced for inspection
34 Identification certificates to be produced for inspection
34 Identification certificates to be produced for inspection
An authorised officer shall, upon reasonable request by a person, produce for inspection by the person the officer’s identification certificate.
Maximum penalty—1 penalty unit.
s 34: Am 1992 No 112, Sch 1.
35
Registered owners to identify drivers of registered motor vehicles
35 Registered owners to identify drivers of registered motor vehicles
35 Registered owners to identify drivers of registered motor vehicles
(1) Where a member of the police force suspects or believes that an offence against this Act or the regulations has been committed at any time in relation to a motor vehicle, the member may direct the owner of the motor vehicle to furnish the member with the name and address of the person who was the driver of the motor vehicle at that time.
(2) The owner of a motor vehicle shall not, without reasonable excuse, fail to comply with a direction given to the owner pursuant to subsection (1).
Maximum penalty—5 penalty units.
(3) For the purposes of subsections (1) and (2), a reference to the owner of a motor vehicle includes, where the motor vehicle is registered under this Act or within the meaning of the Road Transport Act 2013, a reference to the registered owner of the motor vehicle.
s 35: Am 1988 No 114, Sch 4; 1992 No 112, Sch 1; 1997 No 119, Sch 2.20 [6]; 2013 No 19, Sch 4.69 [10].
36
Obstruction of authorised officers
36 Obstruction of authorised officers
36 Obstruction of authorised officers
A person shall not hinder or obstruct an authorised officer in the exercise of the functions conferred or imposed on the officer by or under this Act.
Maximum penalty—5 penalty units.
s 36: Am 1992 No 112, Sch 1.
37
False or misleading information
37 False or misleading information
37 False or misleading information
A person shall not, in or in relation to any application under this Act or in purported compliance with any direction under this Act, make any statement or furnish any information which is false or misleading in a material particular.
Maximum penalty—5 penalty units.
s 37: Am 1992 No 112, Sch 1.
38
Liability of authorised officers
38 Liability of authorised officers
38 Liability of authorised officers
An authorised officer is not personally liable for any act or omission done or omitted to be done by the officer in the bona fide exercise of the functions conferred or imposed on the officer by or under this Act.
39
Liability of occupiers of recreation vehicle areas
39 Liability of occupiers of recreation vehicle areas
39 Liability of occupiers of recreation vehicle areas
(1) The occupier of a recreation vehicle area is not liable to any person in respect of loss or damage of any kind suffered by that person or any other person as a consequence of an accident involving a motor vehicle being driven in that recreation vehicle area, whether the accident occurs—
(a) as a consequence of some act or omission of the occupier in relation to the area or any building, structure or work situated in the area, or
(b) otherwise in circumstances that would, but for this section, render the occupier liable in respect of any such loss or damage.
(2) This section does not operate so as—
(a) to affect the liability of the occupier of a recreation vehicle area to any person in respect of loss or damage suffered by an authorised officer in the exercise, in good faith, of the functions conferred or imposed on the officer by or under this Act, or
(b) to exonerate such an occupier from liability for loss or damage suffered by any person as a consequence of any act or omission of the occupier that is—
(i) wilful and malicious, or
(ii) done or omitted with reckless indifference to the safety of persons resorting to or using the area or of the public.
s 39: Subst 1988 No 15, Sch 1 (9).
40
40
40 (Repealed)
41
Service of notices
41 Service of notices
41 Service of notices
A notice that the Environment Protection Authority or Transport for NSW is required, by or under this Act, to cause to be served on a person may be served personally or by means of a letter addressed to the person at the person’s address last known to the Environment Protection Authority or Transport for NSW, as the case may be.
s 41: Am 1984 No 153, Sch 16; 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
42
Proceedings
42 Proceedings
42 Proceedings
Proceedings for an offence against this Act or the regulations may be taken before the Local Court.
s 42: Am 1999 No 31, Sch 4.78; 2007 No 94, Sch 4.
43
Evidence
43 Evidence
43 Evidence
In any proceedings for an offence against this Act or the regulations—
(a) a certificate which purports to have been signed by a prescribed officer of Transport for NSW and which states that on a date specified in the certificate—
(i) a motor vehicle so specified was or was not a registered motor vehicle, or
(ii) a person so specified was or was not the registered owner of a motor vehicle so specified,
(b) a certificate which purports to have been signed by a prescribed officer of the Environment Protection Authority and which states that on a date specified in the certificate—
(i) land so specified was or was not a recreation vehicle area, or
(ii) a person so specified was or was not an officer of the Environment Protection Authority, or
(c) a certificate which purports to have been signed by a prescribed officer of a public authority and which states that on a date specified in the certificate a person so specified was or was not an officer of the public authority,
is, without proof of the signature of the person by whom the certificate purports to have been signed, prima facie evidence of the fact or facts so stated.
s 43: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
44
Regulations
44 Regulations
44 Regulations
(1) The Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the functions of authorised officers,
(b) the keeping of the register,
(c) design, construction, equipment and performance standards for motor vehicles,
(d) the transfer of registration,
(e) the issue of replacement identification certificates, certificates of registration and registration plates,
(f) the control of motor vehicles, and of the driving of motor vehicles, in recreation vehicle areas,
(g) safety measures to be observed by the drivers and passengers of motor vehicles, and by other persons who are in, on or about motor vehicles, in recreation vehicle areas,
(h) the procedures to be followed by the driver of a motor vehicle in the event of an accident involving the motor vehicle occurring in a recreation vehicle area,
(i) the design, construction and exhibition of traffic control signs for use in recreation vehicle areas,
(j) the protection of the environment from the effects of the driving of motor vehicles in recreation vehicle areas, and
(k) the imposition of fees.
(2) A regulation may impose a penalty not exceeding 5 penalty units for any breach thereof.
(3) A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
(d) exempt from the operation of any specified provision of this Act—
(i) any specified person or specified class of persons, or
(ii) any specified motor vehicle or specified class of motor vehicles,
either absolutely or subject to conditions, or
(e) provide that any specified provision of the road transport legislation within the meaning of the Road Transport Act 2013 applies (subject to such variations, if any, as are specified in the regulations under this Act) to and in respect of a motor vehicle, or the driving of a motor vehicle, in a recreation vehicle area,
(f) (Repealed)
or may do any combination of those things.
s 44: Am 1987 No 48, Sch 32; 1988 No 114, Sch 4; 1992 No 112, Sch 1; 1999 No 19, Sch 2.34 [6]; 2005 No 11, Sch 3.30 [5]; 2013 No 19, Sch 4.69 [11].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Recreation Vehicles Act 1983.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
3 (Repealed)
3
s 3: Rep 1988 No 15, Sch 1 (1).
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
area has the meaning ascribed to that expression in the Local Government Act 1993.
authorised officer means—
(a) a person who is for the time being appointed as an authorised officer under section 6 (1), or
(b) a member of the police force.
certificate of registration means a certificate of registration issued under section 19 (1).
child means a person who has not attained the age of 16 years and 9 months.
control includes license and prohibit.
council has the meaning ascribed to that expression in the Local Government Act 1993.
district registry means a motor registry within the meaning of section 176 of the Road Transport Act 2013.
drive, in relation to a motor vehicle, includes—
(a) ride the motor vehicle (otherwise than as a passenger), and
(b) cause the motor vehicle to stand.
identification certificate means—
(a) in relation to a person who is for the time being appointed as an authorised officer under section 6 (1)—a certificate issued to the person pursuant to section 7 (1), or
Sets out offences, penalties and evidentiary presumptions relevant to registration, plate attachment, driver age and compliance with authorised officers (Part 5 and Part 7 generally, including s 24-27, s 31, s 36-37).
Limits occupier liability for accidents occurring in recreation vehicle areas, except for specified exceptions including wilful or reckless acts and injury to authorised officers (s 39).
Establishes appeal rights to the Local Court as a rehearing in defined circumstances (s 32).
The Act is enabled to be fleshed out by regulations that may set design and performance standards, fees, register procedures, exemptions and other specifics (s 44). The Act therefore creates a two‑track regulatory model: land designation, EPA oversight and directions on one side; vehicle registration, inspection and Transport for NSW enforcement on the other.
Main concepts
The Act’s core legal concepts are: recreation vehicle area, registration/registrable condition, authorised officer, restricted land, and the split application of road transport legislation.
Recreation vehicle area: land designated by EPA order and published in the Gazette under s 11. The designation is procedural: occupiers apply (s 10), must supply prescribed particulars, a development consent where needed under the Environmental Planning and Assessment Act 1979 and a fee (s 10(2)). Designation cannot proceed if the proposed use would contravene planning instruments (s 11(2)).
Registrable condition and registration: “registrable condition” is a condition defined in the Act as compliance with prescribed design, construction, equipment and performance standards for the class of vehicle (s 4(3)). Transport for NSW keeps the register (s 16), accepts applications from persons age 16 years and 9 months or older (s 17(1), note the definition of child in s 4(1)), and must be satisfied the vehicle is insured (Motor Accidents Compensation Act 1999) and in registrable condition before registering (s 18(2)(b)-(c)). Registration creates a certificate of registration and registration plates that remain the property of Transport for NSW (s 19).
Authorised officers: appointed by the EPA in writing (s 6) and issued identification certificates (s 7). Members of the police force are ex officio authorised officers (s 8). Their functions and territorial limits are governed by the identification certificate and by ss 9 and 33, which grant broad powers to inspect, test, detain, seize and remove vehicles and to direct drivers and owners to provide name and address information (s 33(1)-(3)). Identification certificates may be endorsed to enlarge territorial scope (s 7(4)).
Restricted land: land that is neither a public road nor a recreation vehicle area (s 4(1)). The occupier of restricted land may give directions forbidding driving; wilful contravention of such a direction is an offence (s 31). Section 31(2) preserves rights conferred by other Acts, covenants or user.
Imported road rules and exclusion of road transport legislation: s 5 excludes the road transport legislation from operating in recreation vehicle areas except as provided by the Act, but s 23 imports specified offences from the Road Transport Act 2013 (ss 110, 111A, 112 and 117) so those offences apply to the driving of motor vehicles in recreation vehicle areas. Section 5(2) preserves the operation of s 195 of the Road Transport Act 2013 in respect of offences under this Act or its regulations.
Enforcement mechanisms and evidentiary presumptions: authorised officers can remove registration plates from vehicles they consider not in registrable condition (s 28), issue notices specifying defects (s 28(2)-(3)), and retain plates until corrective action is demonstrated and Transport for NSW involved (s 29-30). In prosecutions, absence of a plate is prima facie evidence of lack of registration (s 24(3)), and certificates from prescribed officers of Transport for NSW or the EPA are prima facie evidence of register entries or designation (s 43).
Liability, appeals and subsidiary powers: s 39 limits occupier liability for accidents occurring in recreation vehicle areas except for wilful, malicious or reckless conduct and except for authorised officers injured in the exercise of their functions. Appeals to the Local Court are available as a rehearing against certain administrative acts (refusals/cancellations of registration, or EPA rescission of designation) and the Local Court determination is final and binding (s 32).
Regulatory scope: the Governor may make regulations covering a wide range of operational matters including standards, fees, transfer of registration, safety measures, environmental protection and imposition of penalties up to 5 penalty units (s 44). The regulations can create exemptions, delegate determinations and adapt road transport provisions to recreation areas (s 44(3)(c)-(e)).
Who it affects
The Act creates obligations and decision points for several discrete groups and public bodies.
Occupiers of land: An occupier who seeks to have land designated as a recreation vehicle area is the primary private actor affected by the designation regime. Occupiers initiate designation under s 10 and may apply for rescission or variation under s 12. After designation, occupiers receive EPA directions under s 32A and may be subject to rescission if they fail to comply or endanger safety (s 14(2)). Occupiers receive a statutory limitation on civil liability for accidents in recreation vehicle areas (s 39), subject to specific exceptions.
Recreation vehicle users and owners: Individuals who drive or own motor vehicles intended for use in recreation vehicle areas must comply with registration requirements under Part 4. Applicants for registration must be older than the definition of child (s 4(1)) and provide prescribed particulars, a statement that the vehicle is in registrable condition, evidence of relevant motor accident insurance and the prescribed fee (s 17(2)). Registered owners are responsible for attaching registration plates in the prescribed manner (s 26), surrendering plates when registration ceases (s 22), and responding to authorised officer directions to identify drivers (s 35).
Parents and guardians: Parents are explicitly targeted by s 24(2) and s 25. A parent must not cause or permit a child to drive in a recreation vehicle area unless the vehicle is registered (s 24(2)), and no child under eight years may be permitted to drive in a recreation vehicle area (s 25). The definition of child flows from s 4(1) as a person who has not attained 16 years and 9 months, which interacts with s 17(1) that prohibits children from applying to register vehicles.
Environment Protection Authority: The EPA has decision, oversight and enforcement roles. It appoints authorised officers (s 6), issues identification certificates (s 7), designates recreation vehicle areas by Gazette (s 11), receives applications for rescission/variation (s 12-13) and may rescind designations where planning law or safety concerns require it (s 14(1)-(2)). The EPA may serve directions on occupiers regarding signage, prohibited activities, track demarcation and other matters “calculated to serve the interests of persons resorting to or using the area or of residents” (s 32A(1)). It also retains the capacity to appoint many authorised officers as it “considers necessary” (s 6(2)).
Transport for NSW: Transport for NSW keeps the register (s 16), handles applications and renewals, issues certificates of registration and registration plates (s 19), inspects vehicles and can cancel registration for defined reasons (s 21). Transport for NSW also receives registration plates sent by authorised officers under s 30(2) and can rely on certificates signed by prescribed officers as prima facie evidence in proceedings (s 43(a)).
Members of the police force: Police are ex officio authorised officers (s 8) and may direct vehicle owners to identify drivers where a suspected offence under the Act has occurred (s 35). Police may exercise powers alongside EPA‑appointed officers, including powers under s 33.
Third parties and the public: People resorting to or using recreation vehicle areas are protected by EPA directions and safety rules set by regulation (s 32A, s 44(1)(g)). Landowners whose property is restricted land can give directions that carry criminal penalties if wilfully contravened (s 31).
Regulators and courts: The Local Court has authority to hear specified appeals as rehearings, and those determinations are final (s 32). The Governor, through regulation making (s 44), decides many operational and standard‑setting details, which will determine the compliance burden on users and occupiers.
Financially, the Act creates costs for applicants and users: prescribed fees for designation and registration (s 10(2)(b)(iii), s 17(2)(b)(iv), s 44(1)(k)), insurance premiums (s 17(2)(b)(iii)), inspection costs and possible remedial costs to bring vehicles to “registrable condition” (s 18(3)). Non‑compliance exposes persons to penalties commonly capped at 5 penalty units (see multiple provisions).
Key duties and rights
The Act sets out a set of interlocking duties, discretionary powers, and rights that structure private and public behaviour.
Duties to apply and to provide prescribed materials: An occupier who wishes designation must apply in the prescribed form, include prescribed particulars, evidence of development consent where necessary, and pay the prescribed fee (s 10(2)(a)-(b)). Likewise, a person seeking vehicle registration must lodge a prescribed form with prescribed information, a statement that the vehicle is in registrable condition, evidence of specified insurance and the prescribed fee (s 17(2)). Applications for renewal are subject to a seasonal timing rule, because renewals may be made only on or before 30 September of the relevant year (s 17(3)).
Registration duties: Transport for NSW must register a vehicle subject to provisos in s 18. Transport for NSW must be satisfied the applicant is not a child, the vehicle is insured as required, and is in registrable condition (s 18(2)). Applicants must supply additional information and allow inspection and testing to enable Transport for NSW to ascertain registrable condition (s 18(3)). Registered owners are required to keep registration plates attached in the prescribed manner (s 26) and to surrender plates within three days after registration ceases (s 22(1)).
Authorised officer powers and related duties: Authorised officers may inspect and test vehicles, direct drivers to remove vehicles, to supply names and addresses of drivers/owners, inhibit driving in areas or on restricted land and remove vehicles (s 33(1), (3)). Authorised officers may remove registration plates where a vehicle is not in registrable condition and must issue a notice specifying the defect and the place the plate is retained (s 28(1)-(3)). Owners have a procedure to apply for return of plates by demonstrating the defect has been remedied and that the vehicle is in registrable condition (s 29-30).
Duties to comply with directions and to provide identity: Occupiers can lawfully direct people not to drive on their restricted land; wilful contravention is an offence (s 31). Persons must not, without reasonable excuse, fail to comply with authorised officer directions (s 33(2)). Owners must identify drivers upon police direction (s 35); failure without reasonable excuse is an offence.
EPA directions and occupier compliance: The EPA may issue written directions to occupiers of recreation vehicle areas on matters ranging from signage and prohibited activities to track demarcation and “any other matter” the EPA considers serves recreational users, residents or the public interest (s 32A(1)(a)-(d)). The directions take effect on service and must be complied with. Non‑compliance may be a basis for EPA rescission of the designation if safety is endangered (s 14(2)).
Rights and limits on liability: Registered owners and occupiers enjoy administrative rights including appeal rights against refusal or cancellation of registration and against EPA rescission of designation (s 32). Section 39 shields the occupier of a recreation vehicle area from liability for loss or damage suffered as a consequence of an accident in the area, except where the occupier’s act is wilful, malicious or reckless, or where authorised officers are injured in the exercise of their functions. This provision reallocates risk associated with recreational motor vehicle accidents unless one of the specified exceptions applies.
Evidentiary rights: Certificates purporting to be signed by prescribed officers of Transport for NSW or the EPA are prima facie evidence of registered status or designation status respectively (s 43). In prosecutions, absence of a plate provides prima facie evidence of lack of registration (s 24(3)).
Regulatory delegation: The Governor can make regulations filling in technical detail and can authorise persons or bodies to determine matters from time to time (s 44(3)(c)). Regulations can exempt persons or classes of persons or vehicles from parts of the Act (s 44(3)(d)) and can adapt road transport provisions to recreation areas (s 44(3)(e)).
Penalties and enforcement
Enforcement under the Act is a mixture of administrative action, authorised officer powers and criminal penalties, largely enforced in the Local Court.
Penalty scale and typical offences: The Act’s maximum monetary penalty for most contraventions under Parts 5 and 7 is 5 penalty units, which is applied to a wide range of offences: driving an unregistered vehicle in a recreation vehicle area (s 24(1)), permitting a child to drive when not permitted (s 24(2)), failing to attach plates (s 26), driving a vehicle not in registrable condition (s 27), failing to obey authorised officer directions (s 33(2)), hindering or obstructing an authorised officer (s 36), and making false or misleading statements in applications or in compliance with directions (s 37). A smaller penalty of 1 penalty unit applies to surrendering identification certificates on ceasing to be an authorised officer (s 7(2)).
Authorised officer enforcement powers: Authorised officers appointed by the EPA (and police as ex officio authorised officers) can inspect and test vehicles in recreation vehicle areas, direct drivers to remove vehicles, require names and addresses of drivers and owners, direct persons not to drive in particular areas and remove vehicles (s 33(1)(a)-(d)). They may enter recreation vehicle areas and restricted land (other than dwellings), stop and detain vehicles, and seize, enter and drive vehicles (s 33(3)). Where an authorised officer considers a registered motor vehicle is not in registrable condition, the officer may remove registration plates (s 28(1)) and must issue and sign a notice specifying the defect and the address where the plate is retained (s 28(2)-(3)).
Plate removal and return process: The plate removal process is an administrative enforcement mechanism which both prevents immediate further use and creates a remedial obligation. After removal, the registered owner can apply for return by lodging a prescribed form with statements that the defect is remedied and that the vehicle is in registrable condition, and by providing prescribed information (s 29). The authorised officer must return plates where an application complies (s 30(1)). If no proper application is made within 21 days, or longer if the authorised officer allows, the officer must forward the plates to Transport for NSW (s 30(2)).
Interaction with road offence enforcement: The Act imports specific sections of the Road Transport Act 2013 (ss 110, 111A, 112 and 117) to apply in recreation vehicle areas (s 23), bringing certain on‑road offences into the off‑road regulatory space. Section 5 expressly excludes other road transport legislation from applying in recreation vehicle areas except as provided by or under this Act, so primary on‑road enforcement tools will not automatically carry over unless adopted under s 44 or s 23.
Evidentiary mechanisms and procedure: Certificates signed by prescribed officers of Transport for NSW and the EPA are prima facie evidence of registration status and designation (s 43). Notices and decisions by the EPA or Transport for NSW can be served personally or by post to last known addresses (s 41). Proceedings for offences under the Act may be brought in the Local Court (s 42). Appeals under specified grounds are rehearings in the Local Court and the Court’s decision is final and binding (s 32).
Protections for authorised officers and liability limits: Authorised officers are not personally liable for acts or omissions done in the bona fide exercise of their functions (s 38). Occupiers of recreation vehicle areas enjoy broad immunity from liability for accident losses arising from motor vehicle use in the area except for wilful/malicious acts or recklessness, or injuries to authorised officers in the exercise of their functions (s 39). Those exceptions narrow the occupier immunity and leave door open for civil actions where egregious misconduct is established.
Regulatory penalties: The Governor may make regulations under s 44 and impose penalties up to 5 penalty units for breach of regulations (s 44(2)). Regulations may also create exemptions and authorise determinations by specified persons or bodies (s 44(3)), affecting enforcement practice and scope.
How it interacts with other laws
The Act deliberately intersects with multiple other statutory regimes. The cross‑references determine the scope of both administrative oversight and private obligations.
Road transport legislation: The Act excludes the road transport legislation from applying within recreation vehicle areas except as provided under this Act (s 5(1)). It selectively imports certain offences from the Road Transport Act 2013,ss 110, 111A, 112 and 117,so those provisions apply to driving in recreation vehicle areas as if the recreation area were a road or road related area (s 23(1)-(2)). Section 5(2) preserves operation of s 195 of the Road Transport Act 2013 in respect of offences under this Act, which may relate to enforcement or additional procedural provisions.
Motor accident insurance: Registration for recreation vehicles requires evidence the vehicle is an “insured motor vehicle” within the Motor Accidents Compensation Act 1999 (s 17(2)(b)(iii) and s 18(2)(b)). Therefore, the obligations and definitions in the Motor Accidents Compensation Act 1999 affect registration eligibility.
Environmental planning and assessment: A proposed designation cannot proceed where use as a recreation vehicle area would contravene the Environmental Planning and Assessment Act 1979 or any environmental planning instrument under that Act (s 11(2)). Applications must include evidence of any necessary development consent under the EP&A Act (s 10(2)(b)(ii)). Section 14(1)(a)-(b) also permits EPA rescission or variation where use contravenes EP&A provisions.
Local Government Act and local councils: Several definitions (area, council) are taken from the Local Government Act 1993 (s 4(1)). Authorised officer territorial limits are expressed in relation to council areas for officers who are council employees, limiting their functions to within the council’s area unless the identification certificate provides otherwise (s 9(2)). Therefore, local government functions and by‑laws may be implicated where councils operate recreation vehicle areas or supply authorised officers.
Police Regulation Act 1899: The definition of identification certificate for police members refers to certificates issued under the Police Regulation Act 1899 (s 4(1) definition of identification certificate). Police members are ex officio authorised officers under s 8, which interfaces with policing powers under police legislation.
Evidence and administrative procedure: The Act’s s 43 creates prima facie evidentiary certificates by prescribed officers of Transport for NSW, the EPA, or other public authorities that certain facts (register entries, designations, officer status) existed on specified dates. Section 41 provides service rules by personal service or post. Appeals are to the Local Court under s 32 as rehearings.
Regulations under this Act: Section 44 empowers the Governor to make regulations that may import other road transport provisions into recreation vehicle areas (s 44(3)(e)), prescribe vehicle standards (s 44(1)(c)), and impose fees (s 44(1)(k)). Those regulations will ultimately determine the technical relationship between this Act and other statutory standards, including how design and performance standards align with on‑road standards.
Liability law and civil remedies: Section 39 alters civil liability rules for occupiers, insulating them from most claims arising from accidents in recreation vehicle areas, subject to specified exceptions,this interacts with common law tort claims and statutory liability regimes and may affect insurers and risk allocation.
In short, the Act sits between planning law, road transport law, local government functions and insurance law. It excludes general road transport regulation from recreation areas while selectively importing specific on‑road offences and relying on insurance law to condition registration. It also channels land use control back to planning rules by forbidding designations that would contravene EP&A Act instruments.
Amendment history
The text provided includes the enactment structure and marginal amendment notes that indicate later legislative modifications. The marginal notes attached to specific sections show the Act has been amended multiple times since 1983. The Act itself records insertion, substitution and repeal entries captured at the foot of many sections. The source lists the following amendment indicia (these are the amendment annotations printed in the provided Act text):
Section 3: Repealed 1988 No 15, Sch 1(1).
Section 4: Amended by a series of Acts in 1985 No 140, 1988 No 114, 1991 No 60, 1993 No 33, 1995 No 11, 1997 No 115 and No 119, 1998 No 26, 1999 No 19, 2005 No 11, and 2013 No 19. The marginal note lists many specific schedule references.
Section 5: Amended 1988 No 114, 1999 No 19, 2005 No 11, 2013 No 19.
Section 6: Am 1987 No 48; substitution 1988 No 15.
Section 7: Amendments in 1988 No 15 and 1992 No 112.
Section 9: Amendments in 1988 No 15 and 1995 No 11.
Part 4 sections (s 15, s 16, s 17, s 18, s 19, s 20, s 21, s 22): each contain amendment notes showing changes across 1985-2020, with particular later amendments in 2011 No 41 and 2020 No 30 indicating recent administrative adjustments (s 15, s 16, s 17, s 18, s 19, s 21, s 22 carry 2011 and 2020 amendment annotations).
Section 23: Amended at various times and includes 2013 No 19 and 2021 No 3 entries.
Section 24: Amended 1988 No 114, 1992 No 112, 1997 No 119, 2013 No 19.
Sections 25-31: show assorted amendments across 1992, 1997 and 1988.
Part 6 s 32: Amended in 1988, 2007, 2011 and 2020.
Section 32A: Inserted 1988 No 15, Sch 1(8).
Section 33: Amended 1988 No 114, 1992 No 112, 1997 No 119, 2013 No 19.
Section 34: Amended 1992 No 112.
Section 35: Amended 1988 No 114, 1992 No 112, 1997 No 119, 2013 No 19.
Section 36-39: Amendments and substitutions noted in 1992 and 1988 respectively.
Sections 40 and 3 appear as repealed sections (s 40 rep 1987 No 154).
Section 41: Amended several times including 1984 No 153, 1988 No 114, 2011 No 41 and 2020 No 30.
Section 42: Amended 1999 No 31, 2007 No 94.
Section 43: Amended 1988 No 114, 2011 No 41, 2020 No 30.
Section 44: Multiple amendment notes across 1987, 1988, 1992, 1999, 2005 and 2013.
These annotations in the text reflect successive legislative adjustments to definitions, administrative processes, delegated powers and cross‑references to more modern transport and planning statutes. The insertion of s 32A in 1988 explicitly expanded the EPA’s directional powers over occupiers. The Act is also adapted over time to newer statutes: for example the Road Transport Act 2013 is referenced at multiple points as the successor road transport statute, and Transport for NSW’s modern functions and officers are incorporated via amendments in 2011 and 2020.
The text contains specific amendment citations at each section which should be relied on for chronological tracing. The Act as provided includes these marginal notes but does not reproduce consolidated amending enactments in full. For a full legislative amendment history one must inspect the amending Acts and their schedules referenced in the marginal notes: for example see the schedules cited such as Sch 4.69 in 2013 No 19 which modernised cross‑references to the Road Transport Act 2013. The provided extract confirms an evolving regulatory architecture with repeated tweaks to enforcement powers, administrative actors and technical standards delegated to regulation.
Litigation history
The supplied Act text does not list case law or judicial interpretation. The statute contains procedural appeal routes and evidentiary mechanisms but the text does not identify any decided litigation or reported cases. Specific points to note for potential litigation that the Act contemplates are:
Appeals as rehearings: Section 32 provides that a person may appeal to the Local Court against a refusal by Transport for NSW to register a vehicle, cancellation of registration, and rescission by the EPA of a designation. The appeal is in the nature of a rehearing and the Local Court decision is final and binding (s 32(1)-(4)). That licence appeals pathway is likely the main channel for administrative litigation under the Act.
Evidentiary certificates: Section 43 gives statutory weight to certificates by prescribed officers of Transport for NSW and the EPA as prima facie evidence of register entries and designation. In litigation this provision controls evidentiary burden and procedure in prosecutions under the Act.
Liability exclusions and civil claims: Section 39 reduces occupier liability for accidents in recreation vehicle areas, save for wilful, malicious or reckless conduct or for injury to authorised officers. Any civil litigation about occupier liability would therefore need to address whether the conduct falls into an exception. Similarly, the Act’s administrative cancellation (s 21) and plate removal processes (s 28-30) could be the subject of litigation where owners challenge factual determinations about registrable condition or procedural fairness in plate removal and return.
Because the Act confers finality to the Local Court’s determination on appeal (s 32(4)), higher court review would be limited to the usual avenues for judicial review of inferior courts or jurisdictional error, rather than an appeal as of right. The text supplied does not identify any judicial decisions, and no cases are named in the statute itself. For practitioners, locating litigation will require database searches of Local Court decisions, judicial review filings and any reported cases that interpret registrable condition, authorised officer powers, plate removal procedures, and occupier liability under s 39.
Gotchas
This Act contains several drafting and operational features that produce non‑obvious legal effects practitioners should note.
Registrable condition is largely delegated and technical. The Act defines registrable condition by reference to prescribed design, construction, equipment and performance standards (s 4(3)). Those standards are to be set by regulation (s 44(1)(c)). In practice, whether a vehicle is “in registrable condition” depends on the content of delegated instruments and on authorised officer judgment at removal time. That makes compliance contingent on secondary instruments and on unpredictable inspections (s 18(3), s 28).
Split regulatory regimes and selective import of road rules. The Act removes general road transport law from recreation areas (s 5(1)) but imports specified Road Transport Act offences (s 23). The effect is that some road rules apply while many do not, with the details depending on statutory cross‑references and regulations under s 44(3)(e). Practitioners should not assume on‑road rules automatically apply off‑road; must check which clauses are imported or replicated by regulation.
Plate removal has immediate operational consequences. An authorised officer may remove plates where they consider a vehicle not in registrable condition (s 28(1)). Removal is coupled with a statutory presumption: absence of a plate is prima facie evidence of lack of registration (s 24(3)), and a registered vehicle from which a plate has been removed and not returned is deemed not registered for the purposes of s 24(4). This creates a short window when a vehicle is effectively de‑registered pending remedial action and formal return of plates. The owner bears the documentary and remedial burden under s 29 to secure return.
Time limits and annual cycles: renewal applications are constrained,renewals may be made only on or before 30 September for the year in which the renewal is to take effect (s 17(3)). Registration terms operate on a 1 October-30 September year (s 20). Practitioners must mind this seasonality to avoid inadvertent lapses and return obligations under s 22.
Liability shield is broad but not absolute. Section 39 insulates occupiers from liability for accidents except for wilful/malicious or reckless acts and except for authorised officer injuries. This shifts risk allocation and may affect contractual obligations, indemnities and insurance. However, the exceptions are fact‑specific and may be litigated.
Authorised officer powers are extensive. Authorised officers can enter recreation vehicle areas and restricted land (other than dwellings), seize and drive vehicles (s 33(3)(a)-(c)). There is statutory protection from personal liability for authorised officers acting bona fide (s 38), which may reduce prospects for successful suits against officers and shift focus to procedural compliance and remedies.
Broad discretionary standards for EPA directions. Section 32A permits EPA directions on any matter the EPA thinks calculated to serve the interests of users, neighbours or the public. That language is wide and fact dependent. Non‑compliance can lead to rescission of the designation if safety is endangered (s 14(2)), which is an administrative sanction that can remove the economic value of a designation.
Evidence rules and procedural shortcuts. Section 43 allows prescribed officer certificates to be prima facie evidence of registration or designation status. This can streamline prosecutions but also reduces evidentiary burdens for the prosecution in straightforward registration disputes.
Appeals are final at Local Court level. Section 32 provides an appeal by rehearing in the Local Court only, and the Court’s determination is final and binding (s 32(4)). This limits higher‑court appeals as of right and focuses contestation into the Local Court rehearing process.
Interaction with planning law is configuration critical. The EPA must not designate land where use would contravene the EP&A Act or instruments under it (s 11(2)), and must rescind designation where contraventions are apparent (s 14(1)). Occupiers must secure any necessary development consent prior to application (s 10(2)(b)(ii)). For commercial operators seeking designation, this creates a planning precondition and a potential obstacle if local planning instruments restrict motor recreational uses.
How to comply
Below is a practical compliance checklist for occupiers, vehicle owners/users, authorised officers and regulators, mapping statutory duties to concrete actions. Citations refer to the Act’s sections.
For an occupier seeking designation (s 10-13, s 11(2), s 32A)
Before applying, check development consent under the Environmental Planning and Assessment Act 1979. Evidence of necessary development consent must accompany the application (s 10(2)(b)(ii)). If planning instruments prohibit the use, the EPA must not designate the land (s 11(2)).
Prepare the application in the prescribed form with prescribed particulars and pay the prescribed fee, then lodge at an EPA office (s 10(2)(a)-(c)). Anticipate that regulations may specify further required particulars (s 44(1)(k)).
Once designated, expect EPA directions under s 32A. Implement signage, track demarcation and any restrictions the EPA requires. Keep proof of compliance with any EPA directions, because the EPA can rescind designation where non‑compliance endangers safety (s 14(2)).
Maintain records of service addresses and ensure notices from EPA are monitored; service is by personal service or mail to last known address (s 41).
For vehicle owners and users (s 15-22, s 24-30, s 26-27)
Confirm you are eligible to apply: applicants must not be a child as defined in s 4(1); parents are specifically liable for causing or permitting children to drive (s 17(1), s 24(2), s 25).
Prepare registration application in the prescribed form and provide the prescribed information, a statement the vehicle is in registrable condition, evidence that the vehicle is insured per the Motor Accidents Compensation Act 1999, and the prescribed fee (s 17(2)(a)-(b)(iii)-(iv)). Lodge at a district registry (s 17(2)(c)).
Be ready to allow inspection and testing by persons nominated by Transport for NSW to demonstrate registrable condition (s 18(3)(b)). Maintain technical compliance documents for the prescribed design, construction and performance standards made under the regulations (s 4(3), s 44(1)(c)).
Attach registration plates in the prescribed manner and keep them on the vehicle whenever using recreation vehicle areas; absence of plates is prima facie evidence of non‑registration (s 19, s 24(3), s 26).
Monitor registration renewal deadlines: renewals may be made only on or before 30 September for the year the renewal is to take effect and registration runs to 30 September (s 17(3), s 20).
If an authorised officer removes plates under s 28, promptly apply for their return under s 29 with the prescribed statements, including a statement that the defect has been remedied and the vehicle is in registrable condition. Keep contemporaneous repair invoices, inspection certificates and testing results proving remedy.
If registration ceases, surrender plates within three days (s 22(1)). Note penalty for failure to surrender is specified.
For occupiers and owners dealing with authorised officers (s 6-9, s 33-37)
Ensure authorised officers produce identification certificates on reasonable request (s 34) and check the certificate form and any endorsements that enlarge functional territory (s 7(3)-(4)).
Comply with lawful directions from authorised officers to produce names and addresses, remove vehicles, or refrain from driving where directed. Non‑compliance without reasonable excuse attracts penalties (s 33(1)(b)-(c), s 33(2)).
Do not obstruct or hinder authorised officers in the exercise of their functions (s 36) and do not provide false or misleading information in applications or in complying with directions (s 37). Maintain clear records to demonstrate compliance and to rebut allegations.
For occupiers seeking to avoid rescission and manage liability (s 14, s 32A, s 39)
Maintain safety measures, signage, and track demarcation as required by EPA directions and regulations (s 32A(1), s 44(1)(g),(i)). Keep records of safety audits and remedial action.
Maintain appropriate insurance coverage for the operations even though s 39 limits occupier liability for accidents. Note the exceptions for wilful, malicious or reckless acts and for authorised officer injuries. Ensure commercial contracts and waivers reflect the statutory allocation of risk but also do not attempt to contract out of statutory exceptions.
For Transport for NSW and administrative compliance (s 16-21, s 43)
Transport for NSW should maintain accurate registers and prescribed forms and develop inspection/testing protocols to determine registrable condition (s 16, s 18(3)). Ensure officers signing certificates are “prescribed officers” for the purposes of s 43 to facilitate evidentiary proof.
Maintain procedures for plate issuance, plate returns from authorised officers and forwarding plates when applicable after the 21 day period (s 19, s 30). Publish accepted forms and required particulars so that applicants and authorised officers can follow consistent processes.
For legal and compliance teams
Monitor regulations made under s 44 closely. The regulations will define technical standards, fees, exemptions, and could import additional road transport provisions into recreation areas (s 44(3)(e)). Regulatory changes will materially affect compliance obligations.
Keep administrative files documenting interactions with the EPA, Transport for NSW and authorised officers. These records will be central in Local Court rehearings under s 32 and in defending prosecutions where s 43 certificates are tendered.
Plan for seasonal timing of renewals and administrative cycles tied to the 1 October to 30 September registration year to avoid accidental lapses (s 20, s 17(3)).
When acting for occupiers seeking designation, conduct a thorough planning law clearance and secure any required development consent pre‑application (s 10(2)(b)(ii), s 11(2)).
Finally, be aware that much of the Act’s operational detail is delegated to regulations. Compliance therefore requires both statutory compliance and active monitoring of any instruments made under s 44, the prescribed forms, and the standards declared pursuant to s 4(3).
(b) in relation to a member of the police force—a certificate issued to the member of the police force pursuant to the Police Regulation Act 1899.
motor vehicle means a motor vehicle (other than a light rail vehicle) or trailer within the meaning of the Road Transport Act 2013.
number-plate, in relation to a motor vehicle registered within the meaning of the Road Transport Act 2013, means a number-plate issued under that Act.
occupier, in relation to land, means any person who is in actual occupation of the land or, where no person is in actual occupation of the land, any person who has the right of immediate occupation of the land or who has the care, control and management of the land.
officer includes employee and servant.
parent, in relation to a child, includes a guardian of the child and any other person who stands in loco parentis to the child.
public authority means a public or local authority constituted by or under any Act, a government Department or a statutory body representing the Crown, and includes a person exercising functions on behalf of that authority, Department or body.
public road has the meaning ascribed to that expression in the Roads Act 1993.
recreation vehicle area means land which is designated as a recreation vehicle area pursuant to an order in force under section 11 (1).
register means the register kept pursuant to section 16 (1).
registered motor vehicle means a motor vehicle which is registered under this Act.
registered owner means—
(a) in relation to a motor vehicle which is registered under this Act—the person whose name is entered in the register, pursuant to section 16 (2), in relation to the motor vehicle, or
(b) in relation to a motor vehicle that is registered within the meaning of the Road Transport Act 2013—a registered operator of the vehicle within the meaning of that Act.
registration means registration under section 18 (1), and includes renewal of registration.
registration plate means a registration plate issued under section 19 (1).
regulation means a regulation made under this Act.
restricted land means land which is neither—
(a) a public road, nor
(b) a recreation vehicle area.
(2) In this Act, a reference to—
(a) a function includes a reference to a power, authority and duty,
(b) the exercise of a function includes, where that function is a duty, a reference to the performance of that duty, and
(c) the occupier of land includes, where there are 2 or more occupiers of that land, a reference to any one of those occupiers.
(3) For the purposes of this Act, a motor vehicle is in registrable condition if, and only if, it complies with such design, construction, equipment and performance standards as are prescribed in relation to motor vehicles of the class to which the motor vehicle belongs.
(4) (Repealed)
s 4: Am 1985 No 140, Sch 1; 1988 No 114, Sch 4; 1991 No 60, Sch 3; 1993 No 33, Sch 1; 1995 No 11, Sch 1; 1997 No 115, Sch 4.17 [1]; 1997 No 119, Sch 2.20 [1] [2] (am 1998 No 26, Sch 1 [13]); 1999 No 19, Sch 2.34 [1] [2]; 2005 No 11, Sch 3.30 [1] [2]; 2013 No 19, Sch 4.69 [1]–[3].
5 Application of road transport legislation
5 Application of road transport legislation
5 Application of road transport legislation
(1) Except as provided by or under this Act, the road transport legislation does not apply to or in respect of a motor vehicle, or the driving of a motor vehicle, in a recreation vehicle area.
(2) Subsection (1) does not limit the operation of section 195 of the Road Transport Act 2013 in respect of offences committed under this Act or the regulations.
(3) In this Act, road transport legislation has the same meaning as it has in the Road Transport Act 2013.
s 5: Am 1988 No 114, Sch 4. Subst 1999 No 19, Sch 2.34 [3]. Am 2005 No 11, Sch 3.30 [3] [4]; 2013 No 19, Sch 4.69 [4] [5].
Part 2 Authorised officers
Part 2 Authorised officers
Part 2 Authorised officers
6 Appointment of authorised officers
6 Appointment of authorised officers
6 Appointment of authorised officers
(1) The Environment Protection Authority may by instrument in writing appoint, as an authorised officer for the purposes of this Act, any person the Environment Protection Authority considers suitably qualified to be so appointed.
(2) As many persons as the Environment Protection Authority considers necessary may be appointed under this section.
s 6: Am 1987 No 48, Sch 32. Subst 1988 No 15, Sch 1 (2).
7 Identification certificates
7 Identification certificates
7 Identification certificates
(1) Upon appointing a person as an authorised officer, the Environment Protection Authority shall issue to the person an identification certificate.
(2) A person appointed as an authorised officer under section 6 (1) shall, upon ceasing to be an authorised officer, surrender the person’s identification certificate to the Environment Protection Authority.
Maximum penalty—1 penalty unit.
(3) An identification certificate referred to in subsection (1) shall be in or to the effect of the prescribed form.
(4) Such a certificate may, at the time it is issued and from time to time thereafter, be endorsed with provisions enlarging the area within which, but for those provisions, the authority of its holder would be confined by section 9.
s 7: Am 1988 No 15, Sch 1 (3); 1992 No 112, Sch 1.
8 Members of police force ex officio authorised officers
8 Members of police force ex officio authorised officers
8 Members of police force ex officio authorised officers
A member of the police force is ex officio an authorised officer.
9 Functions of authorised officers
9 Functions of authorised officers
9 Functions of authorised officers
(1) An authorised officer shall have, and may exercise, such functions as are conferred or imposed on an authorised officer by or under this Act.
(2) Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an employee of a council does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within the council’s area.
(3) Except as otherwise provided by the identification certificate of the officer, an authorised officer who is an officer of a public authority (other than the Environment Protection Authority or a council) does not have, and may not exercise, any functions conferred or imposed on an authorised officer by or under this Act otherwise than within land occupied by, or under the care, control and management of, the public authority.
s 9: Am 1988 No 15, Sch 1 (4); 1995 No 11, Sch 1.
Part 3 Recreation vehicle areas
Part 3 Recreation vehicle areas
Part 3 Recreation vehicle areas
10 Applications for designation of land as a recreation vehicle area
10 Applications for designation of land as a recreation vehicle area
10 Applications for designation of land as a recreation vehicle area
(1) An occupier of land may apply to the Environment Protection Authority for the designation of the land as a recreation vehicle area.
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed particulars in relation to the land,
(ii) evidence that any necessary development consent under the Environmental Planning and Assessment Act 1979 has been obtained in relation to the use of that land for the purposes of a recreation vehicle area, and
(iii) the prescribed fee, and
(c) be lodged at an office of the Environment Protection Authority.
11 Designation of land as a recreation vehicle area
11 Designation of land as a recreation vehicle area
11 Designation of land as a recreation vehicle area
(1) Except as provided by subsection (2), the Environment Protection Authority shall, as soon as practicable after receiving an application made in accordance with section 10, by order published in the Gazette, designate the land the subject of the application as a recreation vehicle area.
(2) The Environment Protection Authority shall not designate land as a recreation vehicle area where it appears to the Environment Protection Authority that the use of the land for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act.
12 Applications for rescission or variation of designation
12 Applications for rescission or variation of designation
12 Applications for rescission or variation of designation
(1) An occupier of land which comprises or partly comprises a recreation vehicle area may apply to the Environment Protection Authority for the whole of the land, or such part of the land as is described in the application, to cease to be designated as a recreation vehicle area.
(2) An application under subsection (1) shall—
(a) be in or to the effect of the prescribed form,
(b) be accompanied by—
(i) the prescribed particulars in relation to the land, and
(ii) the prescribed fee, and
(c) be lodged at an office of the Environment Protection Authority.
13 Rescission or variation of designation on application of occupier
13 Rescission or variation of designation on application of occupier
13 Rescission or variation of designation on application of occupier
The Environment Protection Authority shall, as soon as practicable after receiving an application made in accordance with section 12, by order published in the Gazette—
(a) where the land described in the application comprises the whole of a recreation vehicle area—rescind the order under section 11 (1) relating to that land, or
(b) where the land described in the application comprises part of a recreation vehicle area—vary the order under section 11 (1) relating to that land by excluding from the operation of that order the land so described.
14 Rescission or variation of designation by Environment Protection Authority
14 Rescission or variation of designation by Environment Protection Authority
14 Rescission or variation of designation by Environment Protection Authority
(1) The Environment Protection Authority shall, by order published in the Gazette—
(a) where it appears to the Environment Protection Authority that the use of the whole of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act—rescind the order under section 11 (1) relating to that land, or
(b) where it appears to the Environment Protection Authority that the use of part of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of that Act or any such instrument—vary the order under section 11 (1) relating to that land by excluding from the operation of that order that part of the land.
(2) If the Environment Protection Authority is satisfied that—
(a) any provision of this Act or the regulations, or any direction given under section 32A, has not been or is not being complied with by the occupier of land comprising a recreation vehicle area, and
(b) as a result of that non-compliance, the safety of persons resorting to or using the area, or of the public, is endangered,
the Environment Protection Authority may, by order published in the Gazette, rescind the order under section 11 (1) relating to that land.
(3) The Environment Protection Authority shall, as soon as practicable after making an order under this section, cause notice of the making of the order to be served on the occupier of the land to which the order relates.
s 14: Am 1988 No 15, Sch 1 (5).
Part 4 Registration of motor vehicles for use in recreation vehicle areas
Part 4 Registration of motor vehicles for use in recreation vehicle areas
Part 4 Registration of motor vehicles for use in recreation vehicle areas
15 Definitions
15 Definitions
15 Definitions
In this Part—
application, in relation to a motor vehicle, means an application under section 17 (1).
approved means approved for the time being by Transport for NSW.
s 15: Am 1988 No 114, Sch 4; 2011 No 41, Sch 5.42; 2020 No 30, Sch 4.82.
16 Register
16 Register
16 Register
(1) Transport for NSW shall cause a register to be kept for the purposes of this Act.
(2) Transport for NSW registers a motor vehicle under this Act by causing to be entered in the register—
(a) the prescribed particulars in relation to the motor vehicle, and
(b) the name of, and the prescribed particulars in relation to, the applicant for registration of the motor vehicle.
**s
This is an opening excerpt, not the complete document.