Royal Botanic Gardens and Domain Trust Regulation 2020
In ForceNSW
Jurisdiction
New South Wales
Act Number
513 of 2020
Collection
regulation
Plain English Summary
5/10 complexity
This Regulation sets rules for public access and permitted uses of the Royal Botanic Gardens and Domain Trust lands. It gives the Trust and the Executive Director authority to close or designate areas, impose conditions, charge fees, permit or prohibit activities (commercial, recreational, vehicular, animal, noise and alcohol), and remove persons or equipment for breaches.
It affects all visitors, commercial operators and event organisers. The Trust decides permissions and fees (clauses 4, 8, 41–42); visitors must follow conditions or face directions, removal, penalty notices or prosecution (clauses 9, 19, 43; Schedule 1).
This Regulation sets the on-the-ground rules for entry, use, activities, vehicles, animals, conduct, fees, permissions and enforcement on Trust lands administered under the Royal Botanic Gardens and Domain Trust Act 1980 (the Act). It defines key terms (clause 3), prescribes who may exercise powers (the Trust, the Executive Director, authorised persons; see clauses 3, 4(1), 8(1), 42(1)), and establishes a broad permit/permission regime for almost all commercial, organised and many recreational activities (see clauses 7, 8, 18, 22-27, 37-40). The Trust or the Executive Director may close, limit access to, or designate parts of Trust lands for particular uses by sign, direction or public notice (clauses 4, 6, 7, 8, 12, 13).
Mechanically, the Regulation does the following:
Grants the Trust and the Executive Director delegated regulatory control over access and use of its lands: to close land or buildings (clause 4), limit numbers (clause 6), impose entry conditions (clause 7), designate spaces for organised activities and allocate entrances and fees (clause 8).
Creates a general permit requirement for a wide array of commercial, public and recreational activities, including but not limited to selling, busking, commercial filming, personal training, races, weddings (clauses 18, 20, 21, 25, 26, 37-40). Many of these activities are offences if undertaken without written permission in the manner approved by the Trust or Executive Director (see repeated formulation across Part 4-7).
Regulates vehicle access, parking and speed, including vehicle-free periods and gate opening times; authorises fees for after-hours gate openings (clauses 10-17).
Imposes behavioural and environmental protections: prohibitions on damage, nuisance, noise, possession of firearms and other dangerous conduct; powers to remove persons and equipment (clauses 28-36, 32 in particular).
Current sections
Direct links to the current provisions in Royal Botanic Gardens and Domain Trust Regulation 2020.
(e) a fountain, sculpture, statue, ornament or vase.
relevant authority means the Trust, the Executive Director or an authorised person.
sea wall means the part of the stone wall bordering Farm Cove (and separating Sydney Harbour from the Royal Botanic Garden Sydney and part of the Domain) that runs from the Queen Elizabeth II Gate entrance to the Royal Botanic Garden Sydney to the rocks on Mrs Macquarie’s Point.
sign includes a board, post, banner, notice or painted marking, flag or electronic or similar device, whether temporary or permanent.
the Domain means that part of the Trust lands known as the Domain.
the Gardens means that part of the Trust lands known as—
(a) the Royal Botanic Garden Sydney, or
(b) the Australian Botanic Garden Mount Annan, or
(c) the Blue Mountains Botanic Garden Mount Tomah, or
(d) the Mount Tomah Conservation Area.
the Mount Tomah Conservation Area means that part of the Trust lands being Lot 35, DP 232476 and being approximately 189 hectares located north of the Bells Line of Road opposite the Blue Mountains Botanic Garden Mount Tomah.
vehicle includes the following—
(a) a motor vehicle,
(b) a bicycle,
(c) a trailer or caravan, whether or not it is in the course of being towed,
(d) an apparatus that is propelled by human or mechanical power, or by the wind, and is wholly or partly used for the conveyance of persons or things, other than a wheelchair, pram or stroller,
(e) a motorised wheelchair that is capable of a speed of more than 10 kilometres per hour over level ground,
(f) a vehicle that is being drawn by an animal,
(g) an animal that is being ridden or is drawing a vehicle,
(h) a boat, raft, canoe, ski, barge or other vessel,
but does not include a train or a wheeled toy or a wheeled recreational device (such as rollerblades or a skateboard).
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) A reference in this Regulation to the Trust lands includes a reference to any part of the Trust lands.
(3) In this Regulation, a person is responsible for an animal if the person is in charge of the animal or otherwise has the animal under the person’s control.
(4) Notes included in this Regulation do not form part of this Regulation.
Part 2
Entry onto Trust lands
Part 2 Entry onto Trust lands
Part 2 Entry onto Trust lands
4
Trust lands and buildings may be closed to public
4 Trust lands and buildings may be closed to public
4 Trust lands and buildings may be closed to public
(1) The Trust or the Executive Director may—
(a) close the Trust lands to the public, or
(b) close any building within the Trust lands to the public.
(2) The Trust or the Executive Director may take action under this clause by means of the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person must not enter (whether on foot, by vehicle or otherwise) the Trust lands, or any building within the Trust lands, that is fenced off, locked, or closed to the public by a sign displayed under this clause, except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
5
Entry into Royal Botanic Garden Sydney by sea wall
5 Entry into Royal Botanic Garden Sydney by sea wall
5 Entry into Royal Botanic Garden Sydney by sea wall
(1) A person must not, without the written permission of the Trust, enter or leave the Royal Botanic Garden Sydney by means of the sea wall.
Maximum penalty—10 penalty units.
(2) This clause does not apply in the case of an emergency.
6
Limit on number of persons who may enter Trust lands
6 Limit on number of persons who may enter Trust lands
6 Limit on number of persons who may enter Trust lands
(1) The Trust may limit the number of persons who may enter or remain on the Trust lands or any building within the Trust lands.
(2) The Trust may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person must not enter or remain on Trust lands, or any building within the Trust lands, in contravention of a direction given or sign displayed under this clause.
Maximum penalty—10 penalty units.
7
Trust may impose conditions on entry
7 Trust may impose conditions on entry
7 Trust may impose conditions on entry
(1) The Trust may give a direction imposing conditions subject to which the public may enter any part of the Trust lands.
(2) If the Trust has imposed a condition, a person who enters that part of the Trust lands must comply with the condition unless the person has the written permission of the Trust.
Maximum penalty—10 penalty units.
8
Trust lands may be used for designated purposes
8 Trust lands may be used for designated purposes
8 Trust lands may be used for designated purposes
(1) The Trust or the Executive Director may designate the Trust lands or any building within Trust lands (a designated space) for use for the purpose of—
(a) an organised sporting activity, or
(b) an organised entertainment, or
(c) an organised ceremony or other event, or
(d) any other organised activity.
(2) The Trust or the Executive Director may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person may, with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) use a designated space for the purpose for which it is designated, and
(b) designate points on the perimeter of the designated space as entrances for persons attending the organised activity, entertainment, ceremony or event concerned by a sign displayed adjacent to those points, and
(c) prevent people from entering the designated space other than through those entrances, and
(d) prevent people from entering the designated space without paying a fee approved by the Trust or the Executive Director.
(4) The use of the Trust lands in accordance with a permission granted under this clause is not a contravention of clause 18.
(5) The Trust or the Executive Director may also designate the Trust lands, or any building within the Trust lands, as lands that may be used for specified activities (such as fishing or riding pedal-cars or similar devices) that are not organised activities by a sign displayed on or near the lands or building concerned.
9
Removal of certain persons from Trust lands
9 Removal of certain persons from Trust lands
9 Removal of certain persons from Trust lands
(1) A person who does any of the following on the Trust lands must leave the Trust lands if directed to do so by a relevant authority—
(a) trespasses,
(b) causes inconvenience to any person,
(c) contravenes this Regulation.
(2) A direction given under this clause may specify any one or more of the following—
(a) the part of the Trust lands to which the direction relates,
(b) the period within which the person must leave the Trust lands concerned,
(c) the period within which the person must not return to the Trust lands concerned.
(3) In specifying a period under subclause (2)(b) or (c), a relevant authority must take into consideration the seriousness and persistence of the conduct concerned.
(4) A person who fails to comply with a direction given under this clause may be removed from the Trust lands by a relevant authority.
(5) A person who leaves or is removed from the Trust lands under this clause must remove any equipment, vehicle or animal (whether alive or dead), or any other item belonging to or associated with the person, from the Trust lands.
Maximum penalty—10 penalty units.
(6) A person must not remain on, enter or return to the Trust lands in contravention of a direction given under this clause.
Maximum penalty—10 penalty units.
Part 3
Use of vehicles on Trust lands
Part 3 Use of vehicles on Trust lands
Part 3 Use of vehicles on Trust lands
10
Trust may prohibit and regulate entry of vehicles
10 Trust may prohibit and regulate entry of vehicles
10 Trust may prohibit and regulate entry of vehicles
(1) The Trust may do any one or more of the following—
(a) prohibit the entry of vehicles to the Trust lands,
(b) regulate or otherwise control the entry of a vehicle to the Trust lands,
(c) refuse to admit a vehicle to the Trust lands.
(2) The Trust may take action under this clause by means of a direction or the display of a sign.
(3) A person must not do anything in contravention of a direction given or sign displayed under this clause.
Maximum penalty—10 penalty units.
11
Vehicles may enter or exit only at designated points
11 Vehicles may enter or exit only at designated points
11 Vehicles may enter or exit only at designated points
(1) The Trust may designate a point on the perimeter of the Trust lands as an entrance or exit for any vehicle by a sign displayed adjacent to that point.
(2) A person must not drive or ride any vehicle onto or out of the Trust lands other than at a point designated in accordance with this clause.
Maximum penalty—10 penalty units.
12
Vehicles may enter only while gates are open
12 Vehicles may enter only while gates are open
12 Vehicles may enter only while gates are open
(1) The Trust may designate the times during which an entrance to the Trust lands is open to vehicles (the gate opening times)—
(a) by a sign displayed adjacent to the entrance, or
(b) by public notice, including by notice published on a website maintained by the Trust.
(2) A person must not drive or ride a vehicle (other than a bicycle) onto or within the Trust lands outside the gate opening times, except with the permission of the Trust.
Maximum penalty—10 penalty units.
(3) The Trust is entitled to require payment of a fee (not exceeding $100) determined by the Trust for the opening of a gate outside the gate opening times to permit the removal of a vehicle from the Trust lands.
(4) An authorised person may require and receive any fee determined under subclause (3).
13
Vehicle-free periods
13 Vehicle-free periods
13 Vehicle-free periods
(1) The Trust or the Executive Director may designate dates and times during which all vehicles or a class of vehicles must not be on the Trust lands (a vehicle-free period).
(2) The Trust or the Executive Director may take action under this clause by means of—
(a) the display of a sign, or
(b) public notice, including by notice published on a website maintained by the Trust.
(3) A person must not drive or ride a vehicle onto or within the Trust lands during a vehicle-free period, except with the permission of the Trust or the Executive Director.
Maximum penalty—10 penalty units.
(4) Without limiting the way in which permission referred to in subclause (3) may be granted, permission may be granted—
(a) by the display of a sign, or
(b) by public notice (including by notice published on a website maintained by the Trust) or advertisement, or
(c) in relation to any function or meeting to be held on the Trust lands—by notice in writing to the organiser of the function or meeting.
(5) Without limiting clause 42, it is a condition of a permission referred to in subclause (3) that the person driving or riding the vehicle concerned complies with any reasonable directions given by an authorised person in relation to the vehicle.
(6) The Trust is entitled to require payment of a fee (not exceeding $100) determined by the Trust for the opening of a gate during a vehicle-free period to permit the removal of a vehicle from the Trust lands.
(7) An authorised person may require and receive any fee determined under subclause (6).
14
Driving and parking vehicles
14 Driving and parking vehicles
14 Driving and parking vehicles
(1) The Trust or the Executive Director may—
(a) designate part of the Trust lands for use for the purpose of driving or parking vehicles by a sign displayed on or near the area, and
(b) regulate the parking of vehicles on any part of the Trust lands by a sign displayed on or adjacent to the Trust lands concerned.
(2) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) drive, ride, stand or park a vehicle other than on a sealed road or part of the Trust lands designated under subclause (1),
(b) cause or permit a vehicle to be driven, ridden, stood or parked other than on a sealed road or part of the Trust lands designated under subclause (1),
(c) drive, ride or park a vehicle contrary to, or act contrary to, a sign displayed by the Trust or the Executive Director that regulates the movement or parking of vehicles or the movement or confinement of animals,
(d) connect a vehicle to a water or electricity supply located on the Trust lands,
(e) abandon a vehicle,
(f) park or leave a vehicle parked on the Trust lands outside the times designated as gate opening times under clause 12,
(g) park or leave a vehicle during a vehicle-free period under clause 13.
Maximum penalty—10 penalty units.
(3) Without limiting the way in which the Trust or the Executive Director may grant a permission referred to in subclause (2), permission may be granted—
(a) by public notice, including by notice published on a website maintained by the Trust, or
(b) in relation to any function or meeting to be held on the Trust lands—by notice in writing to the organiser of the function or meeting.
(4) Without limiting clause 42, it is a condition of a permission referred to in subclause (2) that the person driving or riding the vehicle concerned complies with any reasonable directions given by an authorised person in relation to the vehicle.
15
Speed of vehicles
15 Speed of vehicles
15 Speed of vehicles
(1) The Trust may determine the maximum speed at which a person may drive or ride a vehicle on the Trust lands.
(2) The Trust is to specify the maximum speed—
(a) on a sign displayed on that land, or
(b) by means of a numeral or other symbol painted or otherwise placed on a road on that land.
(3) A person must not, except with the written permission of, and in the manner approved by, the Trust, drive or ride a vehicle on the Trust lands at a speed exceeding that determined by the Trust in respect of the land concerned.
Maximum penalty—10 penalty units.
16
Other restrictions on driving and riding vehicles
16 Other restrictions on driving and riding vehicles
16 Other restrictions on driving and riding vehicles
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) teach a person to drive or ride a motor vehicle,
(b) learn to drive or ride a motor vehicle,
(c) drive an omnibus or a motor vehicle—
(i) with a tare weight of more than 3 tonnes, or
(ii) with a height of more than 4 metres.
Maximum penalty—10 penalty units.
17
Exceptions for emergency vehicles
17 Exceptions for emergency vehicles
17 Exceptions for emergency vehicles
(1) A provision of this Regulation concerning vehicles or drivers of vehicles does not apply to or in respect of an emergency vehicle if—
(a) in the circumstances the driver is taking reasonable care and it is reasonable that the provision should not apply, and
(b) in the case of a moving emergency vehicle—the emergency vehicle is displaying a flashing light or sounding an alarm.
(2) Subclause (1)(b) does not apply if, in the circumstances, it is reasonable for the emergency vehicle—
(a) not to display the light or sound the alarm, or
(b) not to be equipped with a flashing light or an alarm.
(3) In this clause, emergency vehicle means a vehicle driven by a person who is—
(a) a police officer acting in the course of the person’s duties as a police officer, or
(b) a member of the Ambulance Service rendering or providing emergency transport for sick or injured persons, or
(c) a member of a fire brigade providing transport in the course of an emergency, or
(d) a ranger acting in the course of the person’s duties as a ranger, or
(e) an authorised person acting in the course of the person’s duties as an authorised person.
Part 4
Commercial and public activities on Trust lands
Part 4 Commercial and public activities on Trust lands
Part 4 Commercial and public activities on Trust lands
18
Prohibited commercial and public activities
18 Prohibited commercial and public activities
18 Prohibited commercial and public activities
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) sell or hire, or attempt to sell or hire, any goods or services,
(b) establish or operate a business,
(c) use any audio, loudspeaker or broadcasting equipment or camera (whether photographic, cinematic or video) for a commercial purpose,
(d) collect a petition or conduct a survey,
(e) distribute any advertising matter or display any advertisement (including by means of a mobile billboard or other vehicle that is designed or, while on the Trust lands, used for the primary purpose of displaying advertisements),
(f) collect or attempt to collect money,
(g) busk,
(h) conduct or cause the conduct of an amusement, entertainment, event, promotion, instruction or performance, whether or not conducted for profit,
(i) organise or participate in, or cause to be organised, a public meeting, function, demonstration or other public activity,
(j) purchase or attempt to purchase a ticket to any activity, ceremony or other event.
Maximum penalty—10 penalty units.
19
Removal of equipment used for prohibited activities
19 Removal of equipment used for prohibited activities
19 Removal of equipment used for prohibited activities
(1) A person who uses equipment in the course of committing an offence under clause 18 must, if directed to do so by a relevant authority, immediately remove the equipment from the Trust lands.
Maximum penalty—10 penalty units.
(2) If a person fails to comply with a direction under this clause, a relevant authority may remove the equipment—
(a) to the care of the person to whom the direction was given, or
(b) to a place of safe keeping at the expense of the owner or the person responsible for it.
(3) A relevant authority acting under subclause (2) is not responsible for the safe keeping of, or for any damage to, equipment removed under this clause.
20
Organising and conducting races
20 Organising and conducting races
20 Organising and conducting races
A person must not, except with the written permission of, and in the manner approved by, the Trust or the Executive Director, organise or conduct a foot race, bicycle race, horse race, wheelchair race, fun run, rollerblade run or similar event on the Trust lands, whether or not the race or event is conducted for profit.
Maximum penalty—10 penalty units.
21
Weddings and organised ceremonies
21 Weddings and organised ceremonies
21 Weddings and organised ceremonies
(1) The Trust may from time to time designate an area on the Trust lands—
(a) where persons may get married or conduct an organised ceremony without the written consent of the Trust and without paying a fee, and
(b) where persons may get married or conduct an organised ceremony, but only with the written consent of the Trust and on payment of a fee determined by the Trust.
(2) A person must not do any of the following—
(a) get married in a part of the Trust lands not designated for that activity under subclause (1)(a),
(b) get married in a part of the Trust lands designated under subclause (1)(b) without the written permission of the Trust or payment of the fee determined by the Trust,
(c) conduct an organised ceremony other than a wedding in a part of the Trust lands not designated for that activity under subclause (1)(a),
(d) conduct an organised ceremony other than a wedding in a part of the Trust lands designated under subclause (1)(b) without the written permission of the Trust or payment of the fee determined by the Trust.
Maximum penalty—10 penalty units.
Part 5
Recreational activities on Trust lands
Part 5 Recreational activities on Trust lands
Part 5 Recreational activities on Trust lands
22
Recreational activities
22 Recreational activities
22 Recreational activities
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) play or practise golf,
(b) fish in the ponds of the Gardens, in the waters of Sydney Harbour from the Gardens or in a part of the Domain that has not been designated for fishing under clause 8,
(c) practise or demonstrate (using a fishing rod or line) the casting of a fishing line,
(d) bathe, wade, wash or swim, or operate a boat, canoe, kayak or any other water craft, vessel or flotation device, in any lake, pond, stream or other watercourse or ornamental water,
(e) use a land sailing vehicle,
(f) fly a kite except in an area designated for that activity under clause 8,
(g) operate a motorised model aircraft, boat, car, drone, or any similar thing,
(h) operate or attempt to operate a hang-glider,
(i) launch or land an aircraft, helicopter, airship, hot air balloon or parachute,
(j) use a metal detector or any apparatus for the detecting of metal objects,
(k) set up or discharge fireworks,
(l) use a starting pistol except in an area designated under clause 8 for an activity that involves the use of a starting pistol,
(m) throw or propel by any means a javelin, shot put, sharp instrument or other object that is likely to cause damage or injury to any person, animal or thing,
(n) erect a tent, marquee or similar structure except in an area designated under clause 8,
(o) enter land that is situated within any lake, pond or stream or in any ornamental water,
(p) conduct, or participate in, any game or other activity in a manner that unduly interferes with the amenity of the area.
Maximum penalty—10 penalty units.
23
Use of bicycles, skateboards and rollerblades
23 Use of bicycles, skateboards and rollerblades
23 Use of bicycles, skateboards and rollerblades
(1) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) ride a bicycle, segway, hoverboard, scooter or skateboard, or use rollerblades, except in an area designated for that activity under clause 8,
(b) ride a bicycle, scooter or skateboard, or use rollerblades, without wearing a protective helmet,
(c) ride a bicycle or skateboard, or use rollerblades—
(i) alongside 2 or more persons, or
(ii) closer than 3 metres behind, or while holding onto, a moving motor vehicle (that is, slipstreaming), or
(iii) in a group of more than 16 persons,
(d) ride a bicycle or skateboard, or use rollerblades, on an area in which the activity is prohibited by the Trust or the Executive Director by a sign displayed on or near the area.
Maximum penalty—10 penalty units.
(2) For the purposes of subclause (1)(c)(ii), holding onto a moving motor vehicle includes being towed behind the motor vehicle by means of a rope or similar item.
(3) In this clause—
bicycle includes a motor-assisted bicycle but does not include a motorcycle.
rollerblades include rollerskates.
24
Camping and erection of tents and structures
24 Camping and erection of tents and structures
24 Camping and erection of tents and structures
(1) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) camp or reside,
(b) erect or occupy, or cause to be erected or occupied, a building, tent, screen, awning, enclosure or other structure or thing.
Maximum penalty—10 penalty units.
(2) A person who erects or occupies, or causes to be erected or occupied, a building, tent, screen, awning, enclosure or other structure or thing in contravention of this clause must, if directed to do so by a relevant authority, immediately remove the building, tent, screen, awning, enclosure or other structure or thing.
Maximum penalty—10 penalty units.
(3) If a person fails to comply with a direction given under this clause, a relevant authority may remove, or cause to be removed, the building, tent, screen, awning, enclosure or other structure or thing—
(a) to the care of the person to whom the direction was given, or
(b) to a place of safe keeping at the expense of the owner or the person responsible for it.
(4) A relevant authority acting under this clause is not responsible for the safe keeping of, or for any damage to, a building, tent, screen, awning, enclosure or other structure or thing removed under this clause.
25
Personal training
25 Personal training
25 Personal training
A person must not do any of the following, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) conduct a fitness assessment, exercise class, personal training session or other exercise program in the Gardens or the Domain, except in an area designated for that activity under clause 8,
(b) use any exercise equipment in the Gardens,
(c) leave any exercise equipment unattended on Trust lands for more than 1 hour.
Maximum penalty—10 penalty units.
26
Jogging or running in the Gardens
26 Jogging or running in the Gardens
26 Jogging or running in the Gardens
A person must not do any of the following in the Gardens, except with the written permission of the Trust or the Executive Director—
(a) jog or run other than on a road, path or specifically designed circuit,
(b) jog or run in a group of more than 10 persons.
Maximum penalty—10 penalty units.
27
Throwing, kicking or hitting balls
27 Throwing, kicking or hitting balls
27 Throwing, kicking or hitting balls
(1) A person must not throw, kick or hit any ball or other object in the Domain, except with the written permission of the Trust or the Executive Director, or if the person does so in the course of, and as a normal incident of—
(a) an organised activity on any part of the Domain that is for the time being used for an organised activity under clause 8, or
(b) an informal game or sporting activity that is not likely to endanger the safety of other persons.
Maximum penalty—10 penalty units.
(2) A person must not throw, kick or hit any ball or other object in the Gardens without the written permission of the Trust or the Executive Director.
Maximum penalty—10 penalty units.
Part 6
Offensive and dangerous conduct on Trust lands
Part 6 Offensive and dangerous conduct on Trust lands
Part 6 Offensive and dangerous conduct on Trust lands
28
Personal conduct
28 Personal conduct
28 Personal conduct
A person must not do any of the following on the Trust lands—
(a) use indecent, obscene, insulting or threatening language,
(b) behave in an offensive or indecent manner,
(c) cause serious alarm or affront to a person by disorderly or unsafe conduct,
(d) obstruct a person in the performance of that person’s work or duties under the Act.
Maximum penalty—10 penalty units.
29
Failure to comply with direction
29 Failure to comply with direction
29 Failure to comply with direction
A person must not fail to comply with a reasonable direction given to the person on the Trust lands for the purpose of securing the good order, security and safety, management and enjoyment of the Trust lands by—
(a) a relevant authority, verbally to the person concerned, or
(b) the Trust or the Executive Director, in writing (generally or to the person concerned) or by means of a sign displayed on or adjacent to the land concerned.
Maximum penalty—10 penalty units.
30
Addressing public gatherings
30 Addressing public gatherings
30 Addressing public gatherings
(1) A person must not, during the relevant period, address a public function, meeting, demonstration or other public gathering on the Trust lands except—
(a) with the written permission of, and in the manner approved by, the Trust or the Executive Director, or
(b) in an area designated for that activity under clause 8.
Maximum penalty—10 penalty units.
(2) In this clause—
relevant period means—
(a) in the case of the Gardens—at all times, and
(b) in the case of the Domain—before sunrise or after sunset.
31
Causing noise
31 Causing noise
31 Causing noise
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) operate a radio or other electronic device that emits sound, at a volume likely to cause nuisance or annoyance to a person,
(b) play a musical instrument in circumstances where it is likely to cause a disturbance or annoyance or interfere with the amenity of the Trust lands,
(c) operate a public address system or similar device,
(d) sound, or cause or allow to be sounded, a vehicle intruder alarm or sounding device continuously or intermittently for more than 90 seconds after the alarm or device has first sounded.
Maximum penalty—10 penalty units.
32
Causing damage
32 Causing damage
32 Causing damage
(1) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) damage a lawn, playing field or green except in the course of, and as a normal incident of, recreational or sporting activity on any part of the Trust lands designated for use for that activity under clause 8,
(b) remove, uproot, damage, remove a part from, or otherwise interfere with, a tree, shrub, fern, creeper, vine, palm, plant or other vegetation,
(c) plant, or attempt to plant, a tree or other vegetation,
(d) remove any timber, log or stump, standing or fallen,
(e) bring in, deface, dig up or remove any rock, soil, sand, stone or similar substance,
(f) damage, deface, interfere with, destroy or remove any part of the Trust lands or any thing situated on the Trust lands (including roads, paths, signs, machinery or equipment),
(g) climb on any tree, building or protected structure (other than play equipment),
(h) block or inhibit (whether wholly or partially) access through, to or on a gate, access-way, path or road,
(i) pass through or step over any temporary or permanent fencing or any barricade or other structure regulating access to any part of the Trust lands or any building within the Trust lands by foot or vehicle,
(j) light a fire—
(i) at a time when the lighting of fires on the Trust lands is prohibited by the Trust or the Executive Director by signs displayed on or near the Trust lands or a time when the lighting of fires in the area in which the Trust lands are situated is prohibited by or under the provisions of the Rural Fires Act 1997, or
(ii) at any other time except in a fireplace or on equipment provided for the purpose by the Trust or in portable cooking equipment,
(k) use a drinking fountain or a toilet block for a purpose other than its intended purpose,
(l) deposit any oil, hot liquid or similar product, or any ice or frozen liquid, onto any ground or vegetation,
(m) empty coals or embers from a barbecue onto any ground or vegetation,
(n) deposit or throw any article or substance into any lake, pond, stream or other watercourse or ornamental water,
(o) bring in any waste (including refuse, rubbish or industrial waste),
(p) leave any waste, except in a receptacle provided for the purpose,
(q) in the case of the Gardens—moor a boat to the sea wall in the Royal Botanic Garden Sydney.
Maximum penalty—10 penalty units.
(2) Subclause (1)(g) does not prevent a child from climbing in any part of the Trust lands in which the Trust has directed that climbing is permissible.
(3) Subclause (1)(q) does not apply in the case of an emergency.
33
Affixing items to trees or structures
33 Affixing items to trees or structures
33 Affixing items to trees or structures
A person must not, except with the written permission of, and in the manner approved by, the Trust or the Executive Director, affix any thing (including any sign, hoarding, tape, bicycle or exercise equipment) to a tree, plant or protected structure on the Trust lands.
Maximum penalty—10 penalty units.
34
Entering Trust lands while intoxicated or in possession of prohibited things
34 Entering Trust lands while intoxicated or in possession of prohibited things
34 Entering Trust lands while intoxicated or in possession of prohibited things
(1) The Trust may prohibit any person from entering the Trust lands—
(a) if the person is in possession of any specified thing, or
(b) if, in the opinion of an authorised person, the person is or appears to be intoxicated.
(2) The Trust may take action under this clause by means of a direction or the display of a sign.
(3) A person must not do anything in contravention of a direction given or sign displayed under this clause.
Maximum penalty—10 penalty units.
(4) Nothing in this clause limits any other function of the Trust under this Regulation.
35
Consuming or possessing liquor
35 Consuming or possessing liquor
35 Consuming or possessing liquor
(1) The Trust or the Executive Director may prohibit the consumption of liquor (at any time or at a particular time) on the Trust lands or in any building within the Trust lands.
(2) The Trust or the Executive Director may prohibit persons from being in possession of liquor on the Trust lands during the conduct of an activity that is—
(a) promoted, organised or conducted by or on behalf of the Trust or by a licensee of the Trust, and
(b) conducted in a fenced off part of the Trust lands.
(3) The Trust or the Executive Director may take action under this clause by means of a direction or the display of a sign.
(4) A person must not consume or possess liquor on any part of the Trust lands, or in any building within the Trust lands, in contravention of a direction given or sign displayed under this clause, except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
(5) A person is not guilty of an offence under subclause (4) in respect of the consumption of liquor unless it is established that—
(a) on the day of the contravention, an authorised person warned the person that the consumption of liquor was prohibited on the Trust lands or building concerned, and
(b) the person commenced to consume, continued to consume or resumed the consumption of liquor in contravention of the prohibition after the warning was given.
36
Carrying or possessing firearms
36 Carrying or possessing firearms
36 Carrying or possessing firearms
(1) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) have in the person’s possession (otherwise than on a public road), or discharge, any firearm or imitation firearm within the meaning of the Firearms Act 1996,
(b) have in the person’s possession any prohibited weapon within the meaning of the Weapons Prohibition Act 1998.
Maximum penalty—10 penalty units.
(2) This clause does not apply to—
(a) a police officer of the State or the Commonwealth who is acting in the ordinary course of the person’s duties as a police officer, or
(1) A person must not bring an animal into the Gardens, except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
(2) A person must not bring into the Domain—
(a) an animal (other than stock), unless the animal is kept under the effective control of a competent person by means of an adequate chain, cord, leash or cage, or
(b) stock (including a horse), except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
38
Bringing dogs into prohibited areas
38 Bringing dogs into prohibited areas
38 Bringing dogs into prohibited areas
(1) A person must not bring or allow a dog for which the person is responsible into an area of the Domain that is designated as an area in which dogs are prohibited by a sign displayed on or near the area, except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
Note.
Section 14(1)(a) and (b) of the Companion Animals Act 1998 provides that dogs are prohibited in children’s play areas and food preparation/consumption areas.
(2) This clause does not prohibit a person who has a disability (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth) from bringing an assistance animal (that is, an animal referred to in section 9 of that Act) into the Trust lands or permitting an assistance animal to remain in the Trust lands.
39
Harming animals
39 Harming animals
39 Harming animals
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust—
(a) be in possession of a trap or device for the hunting or capturing of animals,
(b) destroy, capture, injure or annoy an animal,
(c) destroy or interfere with the habitat of an animal.
Maximum penalty—10 penalty units.
40
Other prohibitions relating to animals on Trust lands
40 Other prohibitions relating to animals on Trust lands
40 Other prohibitions relating to animals on Trust lands
A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust—
(a) allow an animal to bathe, wash or swim in any lake, pond, stream or ornamental water,
(b) tie or tether an animal to a tree, plant or protected structure,
(c) lead a dog from a moving vehicle,
(d) abandon an animal (whether alive or dead),
(e) allow stock to graze,
(f) fail to remove and properly dispose of any faeces deposited by an animal for which the person is responsible.
Maximum penalty—10 penalty units.
Part 8
Miscellaneous
Part 8 Miscellaneous
Part 8 Miscellaneous
41
Fees
41 Fees
41 Fees
(1) The Trust may from time to time determine the fees that are payable for—
(a) entering the Trust lands, or
(b) using the Trust lands in accordance with a permission granted by the Trust or the Executive Director.
(2) The Trust may require payment of a fee by a date specified by the Trust (including a date in advance of the date of the relevant entry or use).
(3) Any unpaid fee may be recovered by the Trust from the person liable to pay the fee as a debt in a court of competent jurisdiction.
(4) The Trust may reduce, or waive payment of, a fee payable under this clause.
(5) The Trust may accept, or determine, consideration in kind in lieu of a fee under this clause.
42
Conditions attaching to permission to use Trust lands
42 Conditions attaching to permission to use Trust lands
42 Conditions attaching to permission to use Trust lands
(1) The Trust or the Executive Director may give a permission under this Regulation subject to any conditions the Trust or the Executive Director considers appropriate.
(2) Conditions may relate to, but are not limited to, the following matters—
(a) the period within which any fee payable is to be paid,
(b) the necessary standard of care of the Trust lands,
(c) maintenance of adequate insurance,
(d) site preparation,
(e) provision and disposal of food and beverages,
(f) advertising, signage and merchandising,
(g) vehicle access, control and parking,
(h) security and emergency procedures,
(i) crowd management,
(j) cleaning and waste management services,
(k) noise control,
(l) erection and removal of temporary structures.
(3) The Trust or the Executive Director may require a person to whom a permission is proposed to be given to give security in the amount and form determined by the Trust or the Executive Director for fulfilment of the person’s obligations under the conditions of the permission.
(4) A person who fails to comply with a condition to which a permission is subject is guilty of an offence.
Maximum penalty—10 penalty units.
43
Requirement to state name and address
43 Requirement to state name and address
43 Requirement to state name and address
(1) An authorised person who suspects on reasonable grounds that a person on the Trust lands has committed an offence against the Act or this Regulation may require the person to state the person’s full name and residential address.
(2) A person must not—
(a) fail without reasonable excuse to comply with a requirement under this clause, or
(b) in purported compliance with the requirement, give information that the person knows to be false or misleading in a material particular.
Maximum penalty—10 penalty units.
(3) A person is not guilty of an offence under this clause unless it is established that the authorised person—
(a) identified themselves as an authorised person, and
(b) warned the person that failure to comply with the requirement or giving false information is an offence.
44
Directions given by Trust
44 Directions given by Trust
44 Directions given by Trust
(1) A reference in this Regulation to a direction given by the Trust includes a reference to a direction given verbally by—
(a) an employee of the Trust, or
(b) an authorised person who is authorised by the Trust to give directions under this Regulation.
(2) A person is not guilty of an offence of failing to comply with a direction given verbally by an employee of the Trust, an authorised person or the Executive Director unless it is established that the person who gave the direction—
(a) identified themselves as an employee of the Trust, an authorised person or the Executive Director, and
(b) warned the person that a failure to comply with the direction is an offence, and
(c) showed identification as a person authorised to give the direction (if asked to do so).
45
Staff and authorised persons
45 Staff and authorised persons
45 Staff and authorised persons
(1) Nothing in this Regulation prevents an authorised person from doing, in the exercise of the authorised person’s functions under the Act, any act or thing the doing of which is otherwise prohibited by this Regulation.
(2) This clause does not, however, authorise any authorised person (other than a police officer) to possess a firearm (within the meaning of the Firearms Act 1996) while on the Trust lands except with the written permission of the Trust or the Executive Director.
(3) An act or omission does not constitute an offence under this Regulation if it is done by a member of staff of the Trust, or authorised person exercising functions under the Act, in the course of the person’s employment.
46
Lessees and licensees
46 Lessees and licensees
46 Lessees and licensees
An act or omission does not constitute a contravention of this Regulation, despite any other provision of this Regulation, if the act or omission is authorised expressly or impliedly by the terms or conditions of any lease or licence granted by the Trust or of any agreement entered into by the Trust.
47
Prescribed officer
47 Prescribed officer
47 Prescribed officer
For the purposes of section 22A(2)(a) of the Act, the Executive Director is a prescribed officer.
48
Regulation not to limit other statutory provisions or functions
48 Regulation not to limit other statutory provisions or functions
48 Regulation not to limit other statutory provisions or functions
This Regulation does not limit—
(a) any provision of or made under an Act that applies to conduct on the Trust lands, or
(b) any function exercisable by the Trust as the owner of the Trust lands.
| Column 1 | Column 2 |
| Provision | Penalty |
| Offences under this Regulation |
| Clause 4(3) | $150 |
| Clause 5(1) | $150 |
| Clause 6(3)—other than in respect of a contravention of a verbal direction | $150 |
| Clause 7(2) | $150 |
| Clause 9(5) | $150 |
| Clause 10(3)—other than in respect of a contravention of a verbal direction | $150 |
| Clause 11(2) | $150 |
| Clause 12(2) | $150 |
| Clause 13(3) | $150 |
| Clause 14(2) | $275 |
| Clause 15(3) | $150 |
| Clause 16(a) and (b) | $150 |
| Clause 16(c) | $275 |
| Clause 18(a), (b) and (d)–(j) | $500 |
| Clause 18(c) | $1,100 |
| Clause 19(1) | $150 |
| Clause 20 | $500 |
| Clause 21(2) | $1,100 |
| Clause 22 | $150 |
| Clause 23(1) | $150 |
| Clause 24(1) | $150 |
| Clause 24(2) | $150 |
| Clause 25(a) | $750 |
| Clause 25(b) and (c) | $150 |
| Clause 26 | $150 |
| Clause 27 | $150 |
| Clause 29—other than in respect of a contravention of a verbal direction | $500 |
| Clause 30(1) | $275 |
| Clause 31(a) and (c) | $500 |
| Clause 31(b) and (d) | $150 |
| Clause 32(1)(a)–(f), (j) and (m) | $500 |
| Clause 32(1)(g)–(i), (k), (l) and (n)–(q) | $150 |
| Clause 33 | $150 |
| Clause 34(3)—other than in respect of a contravention of a verbal direction | $150 |
| Clause 35(4)—other than in respect of a contravention of a verbal direction | $275 |
| Clause 36(1) | $500 |
| Clause 37 | $275 |
| Clause 38(1) | $350 |
| Clause 39 | $500 |
| Clause 40(a)–(c), (e) and (f) | $275 |
| Clause 40(d) | $500 |
| Clause 42(4) | $1,100 |
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 Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Royal Botanic Gardens and Domain Trust Regulation 2020.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 September 2020 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Royal Botanic Gardens and Domain Trust Regulation 2013, which is repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
animal means any non-human mammal or any bird, fish, reptile, amphibian, crustacean, insect, arachnid, arthropod or mollusc.
authorised person means—
(a) a police officer, or
(b) any other person appointed in writing by the Trust as an authorised person for the purposes of this Regulation.
Note.
A person may be appointed as an authorised person generally or for the purposes of specific provisions of this Regulation.
building includes any part of a building.
fenced off means surrounded by a fence, barricade or other structure (whether temporary or permanent) with no open pedestrian or vehicular access.
liquor has the same meaning as in the Liquor Act 2007.
motor vehicle has the same meaning as in the Road Transport Act 2013.
Note.
Motor vehicle includes motorcycle.
protected structure means any of the following—
(a) a fence, barrier, gate, post or railing,
(b) a step, stair, wall or building,
(c) a seat or other furniture,
(d) play equipment,
(e) a fountain, sculpture, statue, ornament or vase.
Provides financial and compliance mechanisms: the Trust may fix fees for entry and use and recover unpaid fees as a debt (clause 41); permissions may be conditional and require security and insurance (clause 42); penalty notices may be issued for specified offences with fixed amounts set out in Schedule 1 and applied under section 22B of the Act (Schedule 1 and Schedule application clause 1).
The Regulation centralises decision-making power in the Trust, the Executive Director and authorised persons (clauses 3, 42 and Schedule 1(3)), subject to cross-references to other statutes (see clause 48 and numerous definitions at clause 3). The text states that directions given on Trust lands may be for “securing the good order, security and safety, management and enjoyment of the Trust lands” (clause 29), which frames the stated regulatory purposes for several mandatory behaviours and enforcement powers.
Main concepts
Main statutory concepts are permissions, designation, direction, authorised persons, and penalties.
Permissions and manner of approval
The Regulation repeatedly conditions activity on the Trust’s or Executive Director’s written permission “in the manner approved” (see e.g. clauses 4(3), 7(2), 18, 22, 23, 24, 25, 37). That phrase recurs across Parts 2-7; it means that activity is lawful only where the Trust has authorised it and the authorisation is exercised in the method the Trust prescribes. Permissions may be given by sign, public notice or written notice to an organiser (clauses 8(2)-(3), 12(1), 13(2)-(4), 14(3)).
Designation and signage
The Trust or Executive Director can designate spaces for organised activities or specified uses (clause 8). Designation is effected by sign or public notice. The Trust may also designate vehicle entrances and gate opening times (clauses 11-12). Signs and public notices are key instruments for communicating prohibitions, permissions, conditions and vehicle-free periods (see clauses 4(2), 6(2), 8(2), 12(1), 13(2)).
Directions, removal and compliance
Authorised persons, the Trust and the Executive Director can give directions to secure “good order, security and safety, management and enjoyment” (clause 29). A person who trespasses, causes inconvenience, or contravenes the Regulation must leave if so directed (clause 9(1)). Failure to comply permits removal by a relevant authority (clause 9(4)). Removal and seizure powers also attach to equipment and structures used in contravention (clauses 19, 24).
Authorised persons and lines of decision
“Authorised person” is defined to include a police officer or anyone appointed in writing by the Trust (clause 3). The Regulation explicitly prescribes the Executive Director as a “prescribed officer” for purposes of s22A(2)(a) of the Act (clause 47). For penalty notices, the Executive Director and authorised persons are prescribed officers for offences in Schedule 1 (Schedule application clause 1(3)). The Regulation therefore delegates execution and enforcement to a mix of Trust staff, appointed authorised persons and police.
Fees, security and conditional permissions
The Trust may determine fees for entering Trust lands or using them under permission (clause 41). The Trust may require payment by a specified date and recover unpaid fees as a debt (clause 41(2)-(3)). The Trust may require security (clause 42(3)) and attach conditions that include insurance, site preparation, crowd management, waste disposal, advertising and noise control (clause 42(2)). Specific small fee caps appear for some operational tasks: gate opening outside normal times is capped at $100 (clause 12(3)) and opening a gate during a vehicle-free period to remove a vehicle is capped at $100 (clause 13(6)).
Penalty framework
Most offences in the Regulation carry a maximum penalty of 10 penalty units (repeated across many clauses). Schedule 1 converts many of those offences into penalty notice offences with fixed dollar amounts for immediate issuance rather than court prosecution (Schedule 1 and its application clause 1(1)). The Schedule also draws a distinction where offences committed in contravention of a verbal direction are treated differently for issuing penalty notices (see multiple entries qualified “other than in respect of a contravention of a verbal direction”).
Cross-references to other Acts
Definitions and limits reference other statutes: liquor (Liquor Act 2007), motor vehicle (Road Transport Act 2013), firearms (Firearms Act 1996), weapons (Weapons Prohibition Act 1998), companion animals (Companion Animals Act 1998) and rural fire restrictions (Rural Fires Act 1997) (clause 3 and elsewhere). Clause 48 makes clear the Regulation is not intended to limit other statutory provisions.
Saves and continuity
The Regulation replaces the 2013 Regulation and commenced 1 September 2020 (clause 2). Clause 49 preserves acts or things in force under the previous Regulation as continuing under this Regulation.
These core concepts establish an administrative model where an owner-governor (the Trust) plus an Executive Director set usage rules, condition permissions, levy fees and delegate enforcement to authorised officers and police. The model relies heavily on signage, public notices and written permissions as the mechanisms for notifying and binding both the public and organisers to the rules and conditions.
Who it affects
Listed by role and activities, the Regulation affects the following actors and interests:
Visitors and casual users
Every person who enters Trust lands is affected. The Regulation prescribes general behavioural requirements (clause 28), restrictions on noise and damage (clauses 31, 32), prohibitions on camping and erecting structures (clause 24), rules on alcohol possession and consumption where prohibited (clause 35), and the obligation to comply with directions from relevant authorities for “good order, security and safety, management and enjoyment” (clause 29).
Commercial operators, entrepreneurs and vendors
Clause 18 makes selling, hiring, operating a business, commercial filming, advertising and collecting money or tickets offences unless the Trust gives written permission in the approved manner. Organisers who want to use designated spaces for organised activities must obtain permission and may be charged fees (clauses 8, 18). Personal trainers, fitness instructors and providers of exercise equipment are specifically regulated by clause 25 and require written permission except where an area has been designated under clause 8. Filming for commercial purposes is prohibited without permission (clause 18(c)).
Event organisers and wedding providers
Clause 8 authorises designation of spaces for organised activities; clause 21 creates a regime for weddings and organised ceremonies and allows the Trust to designate areas where weddings may occur free or subject to fees. Clause 42 authorises a range of conditions for permissions for events including crowd management, waste management, noise control and security. Organisers bear compliance and possible security obligations (clause 42(2)-(3)).
Recreational participants and sports groups
Many recreational activities are prohibited without written permission: fishing, boating, flying kites except in designated areas, operating drones and motorised models, camping, jogging off paths or in large groups (clauses 22-27). Race organisers (running, cycling, horse, wheelchair, rollerblade, etc.) must obtain written permission (clause 20). These provisions affect clubs, sporting event promoters and informal recreation groups.
Vehicle drivers and transport providers
Drivers must enter at designated vehicle entry/exit points (clause 11), adhere to gate opening times (clause 12), observe vehicle-free periods (clause 13), park only in designated areas or on sealed roads (clause 14), and comply with speed limits set by the Trust (clause 15). Fees can apply for after-hours gate opening and removal of vehicles during vehicle-free periods (clauses 12(3) and 13(6)).
People with animals, pet owners, stock holders
Clause 37 prohibits bringing animals into the Gardens except with permission; clause 37(2) governs animals in the Domain, requiring effective control or permission for stock. Clause 38 designates dog-prohibited areas and references the Companion Animals Act for children’s play areas and food areas. Clause 40 imposes obligations such as removing animal faeces and prohibiting tethering to trees or protected structures (clause 40(f)). Those responsible for animals face penalties if they do not comply.
Lessees, licensees and Trust contractors
Clause 46 provides that acts authorised by a lease or licence granted by the Trust are not contraventions of the Regulation. Lessees and licensees will be regulated primarily by their contractual terms with the Trust, not the general prohibition regime, but specific conditions in permissions and safety obligations under clause 42 still bear on contractors and licensees.
Trust staff, authorised persons and police
Trust staff and authorised persons carry enforcement responsibilities; authorised persons are defined in clause 3 and may be appointed in writing by the Trust. Clause 45(1) clarifies an authorised person may do acts in exercise of their functions even if the acts would otherwise be prohibited. Clause 43 grants authorised persons power to require a person’s name and address in certain circumstances. The Executive Director is prescribed as an officer for certain functions under the Act (clause 47). Schedule 1(1)(3) prescribes the Executive Director and authorised persons as officers for issuing penalty notices.
People organising commercial filming, advertising or surveys
Clause 18 expressly targets commercial use of audio/visual equipment and canvassing or surveys. Filming for commercial purposes is an offence without permission (clause 18(c)). Distributing advertising matter or using mobile billboards is prohibited without permission (clause 18(e)).
Those affected pay in various ways: fees (clause 41); potential security deposits and insurance requirements attached to permissions (clause 42(2)-(3)); monetary penalties either set as penalty notices (Schedule 1) or court-imposed penalties up to 10 penalty units where no penalty notice or greater sanction applies. Decision-making is concentrated in the Trust and Executive Director, who determine permissions, conditions, fees and signage, and appoint authorised persons to give directions and issue penalty notices (clauses 3, 8, 41, 42, Schedule application clause 1(3)).
Key duties and rights
Duties placed on the public
Obtain written permission in the manner approved by the Trust or the Executive Director before engaging in activities listed as prohibited without permission. These include selling or hiring goods or services, operating a business (clause 18(a)-(b)), most organised events (clauses 8, 20), personal training (clause 25), camping (clause 24), and bringing animals into the Gardens (clause 37).
Comply with conditions attached to permissions. Permissions may be subject to conditions covering insurance, site preparation, crowd management, noise control and more (clause 42(1)-(2)). Failure to comply with a condition is an offence (clause 42(4)).
Comply with signs, public notices and directions given by relevant authorities, including written and verbal directions (clauses 4(2), 6(2), 12(1), 13(2), 44(1)). Failure to comply with a reasonable direction is an offence (clause 29).
When required by an authorised person who suspects an offence, state full name and residential address (clause 43(1)). There is an offence for failure to comply or for providing false information, but the authorised person must first identify themselves and warn of the offence (clause 43(3)).
Rights and immunities
The Trust may specify areas where weddings or organised ceremonies can occur without written consent and fees, and other areas where they can occur with consent/fee (clause 21(1)). That creates a right to marry in certain designated areas without payment.
Lessees and licensees retain the rights granted expressly or impliedly in their leases or licences; acts authorised by those agreements do not constitute contraventions of this Regulation (clause 46).
Staff and authorised persons do not commit offences in performing their functions under the Act (clause 45(3)).
The Regulation preserves legal effects of acts done under the previous 2013 Regulation (clause 49).
Administrative powers and discretion of the Trust/Executive Director
The Trust and Executive Director have broad discretion to close lands or buildings (clause 4), limit numbers (clause 6), designate spaces for organised activities and restrict access to designated entrances (clause 8), regulate vehicle entry/parking and gate times (clauses 10-15), impose vehicle-free periods (clause 13), and prohibit entry for people in possession of specified items or apparently intoxicated (clause 34). They may charge fees for entry or use (clause 41) and impose conditions including security and insurance (clause 42). Permissions can be granted by different methods including by sign, public notice or written notice (various clauses).
Enforcement tools and duties of authorised persons
Authorised persons and police may give directions, require removal of equipment, remove persons, require name and address, and require or receive specified fees for gate openings (clauses 9, 12(3), 13(6), 19, 24, 43). Clause 44 specifies procedural requirements for verbal directions to be enforceable (identification, warning, display of authorisation if requested).
Monetary and remedial duties
The Trust may determine fees and require payment by a specified date; unpaid fees may be recovered as a debt (clause 41(1)-(3)). The Trust may reduce or waive fees or accept in-kind consideration (clause 41(4)-(5)). The Trust may require security to ensure compliance with conditions (clause 42(3)).
Limits and exceptions
Emergency exceptions apply for seawall entry and other cases: clause 5(2) exempts emergencies from the seawall entry prohibition; clause 17 exempts emergency vehicles from vehicle provisions where reasonable; clause 32(1)(q) exempts mooring to the sea wall in case of emergency.
Disability exceptions are recognised: clause 38(2) permits assistance animals under the Commonwealth Disability Discrimination Act 1992.
The Regulation does not authorise possession of firearms by authorised persons (other than police) without Trust written permission (clause 45(2)), and does not limit other statutes applying to Trust lands (clause 48).
Procedural safeguards for enforcement
Verbal directions are enforceable only if the person giving a direction identifies themselves and warns that failure to comply is an offence and shows identification if asked (clause 44(2)). For name-and-address requirements to be actionable, the authorised person must have identified themselves and warned of the consequences (clause 43(3)).
In sum, duties are mostly negative (do not engage in listed activities without permission), subject to a permission-and-condition regime managed by the Trust and Executive Director. Rights are primarily contractual (leases/licences), limited statutory exceptions (weddings in designated areas without fee), and protections for authorised persons exercising functions. The Trust retains substantial administrative discretion, with procedural checks on verbal directions and name/address demands.
Penalties and enforcement
Penalty structure
The Regulation sets maximum penalties for many offences at 10 penalty units (repeated in most substantive provisions, e.g. clauses 4(3), 5(1), 9(5), 18, 20, 24(1)). Schedule 1 converts specified offences into penalty notice offences for the purposes of s22B of the Act and fixes the monetary amounts for those penalty notices (Schedule 1 and Schedule application clause 1(1)). Schedule 1 also specifies amounts for each listed clause and variation depending on offence type; amounts range from $150 to $1,100 for the listed penalty-notice offences.
Penalty notices and issuing officers
The Schedule application provides that each offence specified in Schedule 1 is an offence for which a penalty notice may be issued and specifies the amount payable (Schedule 1 application clause 1(1)). It qualifies that where a provision is restricted to limited kinds of offences, the penalty notice may only be issued for those limited kinds or for offences committed in those circumstances (Schedule 1 application clause 1(2)). For the purposes of s22B(1) of the Act, the Executive Director and an authorised person are prescribed as officers who may issue penalty notices for the offences in Schedule 1 (Schedule 1 application clause 1(3)).
Enforcement agents and powers
Authorised persons (defined at clause 3) and police are empowered to give directions, require removal of equipment, and remove persons (clauses 9, 19, 24). Clause 45(1) allows authorised persons to do acts in exercise of their functions even if those acts would otherwise be prohibited by this Regulation; clause 45(3) exempts staff and authorised persons from offences under the Regulation when acting in the course of their employment or functions under the Act.
Procedural safeguards for enforcement actions
For enforcement actions based on verbal directions, the person who gave the direction must have identified themselves, warned that failure to comply is an offence, and shown identification if asked (clause 44(2)). For name and address requirements under clause 43, the authorised person must have identified themselves and warned the subject that failure to comply or giving false information is an offence (clause 43(3)). These procedural prerequisites condition the enforceability of certain powers.
Removal and disposal powers
Equipment used in prohibited activities must, when directed, be immediately removed by the person using it (clause 19(1)). If the person fails to remove it, a relevant authority may remove the equipment to the care of that person or to safe keeping at the owner’s expense (clause 19(2)). The relevant authority is not responsible for safe keeping or damage to equipment removed (clause 19(3)). Equivalent removal and disposal powers exist for tents and other structures erected in contravention (clause 24(2)-(4)).
Fee recovery and debts
The Trust may require payment of fees for entry or use and may recover unpaid fees as a debt in court (clause 41(2)-(3)). The Trust may reduce or waive fees and accept in-kind consideration (clause 41(4)-(5)). Specific fees (e.g. gate opening outside normal times) are capped (clause 12(3), clause 13(6)) and may be required and received by an authorised person (clause 12(4), clause 13(7)).
Distinguishing penalty notices from maximum penalties
Many offences carry a maximum penalty of 10 penalty units at court. Schedule 1 provides for penalty notices (in effect an on-the-spot fine) at statutory dollar amounts that diverge from a penalty unit calculation. The Schedule also differentiates offences committed in contravention of verbal directions from others for the purposes of penalty notices; for instance, clause 6(3) is listed with the note “other than in respect of a contravention of a verbal direction” (Schedule 1). This creates a two-track enforcement possibility: immediate penalty notices for many routine contraventions, with court proceedings and traditional penalty unit maxima available for others or for escalated matters.
Emergency and statutory exceptions
Emergency exceptions apply for certain prohibitions, and emergency vehicles may be exempted from vehicle provisions where it is reasonable (clauses 5(2), 17). Clause 48 preserves the operation of other Acts to the extent they apply to conduct on Trust lands.
Who enforces and who pays
Enforcement is carried out by police and authorised persons appointed by the Trust. Penalty notices can be issued by the Executive Director and authorised persons (Schedule application clause 1(3)). Persons who violate the Regulation pay fines (via penalty notices or court penalties), removal or storage costs for seized items, and may be required to pay fees or security to obtain permissions. The Trust can recover unpaid fees as a debt (clause 41(3)).
Practical enforcement risks and burdens
The Regulation places procedural burdens on authorised persons when enforcing verbal directions or requiring name/address. It also creates enforcement discretion because authorised persons may be Trust appointees with varying training and mandates. The Schedule’s differentiation for verbal directions affects when a penalty notice can be issued, increasing the importance of the authorised person complying with identification and warning steps (clauses 44(2), 43(3), Schedule 1 qualifiers). The Trust is not liable for damage to goods it removes (clauses 19(3), 24(4)), which shifts risk and costs back to visitors and organisers.
How it interacts with other laws
Cross-references and definitional links
The Regulation imports definitions and concepts from other New South Wales and Commonwealth statutes. “Liquor” uses the Liquor Act 2007 (clause 3). “Motor vehicle” references the Road Transport Act 2013 (clause 3). Firearms and weapons references appear to the Firearms Act 1996 and Weapons Prohibition Act 1998 respectively (clause 36(1)). Companion Animals Act 1998 is referenced in the context of dog prohibitions in children’s play areas and food preparation/consumption areas (clause 38(1) note). The Rural Fires Act 1997 is cited when addressing lighting fires (clause 32(1)(j)(i)). The Regulation explicitly states that it does not limit any provision of or made under an Act that applies to conduct on the Trust lands (clause 48(a)).
Mutual conditioning with the Act
The Regulation operates under the umbrella of the Royal Botanic Gardens and Domain Trust Act 1980 (the Act). It prescribes the Executive Director as a “prescribed officer” for the purposes of s22A(2)(a) of the Act (clause 47). Schedule 1 operates for the purposes of s22B of the Act (Schedule application clause 1(1)). The Act therefore provides enabling and enforcement architecture; the Regulation populates operational detail.
Effect on licences, leases and contractual obligations
Clause 46 provides that acts authorised by the terms of any lease or licence granted by the Trust, or by agreement entered into by the Trust, are not contraventions of the Regulation. That means contractual rights arising from leases/licences may override general prohibitions in the Regulation to the extent of the contractual authorisation. However, conditions attached to permissions (clause 42) and other statutory obligations remain applicable; the Regulation does not extinguish other statutory requirements (clause 48).
Interaction with Commonwealth disability law
Clause 38(2) recognises the Commonwealth Disability Discrimination Act 1992 by not prohibiting assistance animals (as defined in s9 of that Act) from entering Trust lands. This creates a statutory carve-out consistent with Commonwealth anti-discrimination obligations.
Consistency with policing and emergency statutes
Enforcement roles for police are anticipated: police are authorised persons (clause 3) and emergency vehicle exceptions are calibrated in clause 17. Clause 17 exempts emergency vehicles from vehicle provisions where reasonable, and provides conditions in which the flashing light/alarm requirement may not apply.
Overlap with other local or state rules
The Trust’s sign-based powers to designate, prohibit or permit activities (clauses 4, 6, 8, 12, 13) operate alongside other statutory regimes regulating public order, safety, environment and traffic. The Regulation does not limit other Acts (clause 48), so overlapping obligations (for example, local council bylaws, environmental protection laws, traffic laws) remain in force as applicable.
Penalties and cross-Act enforcement
Penalty notices under Schedule 1 are issued under s22B of the Act (Schedule application clause 1(1)). The Executive Director is prescribed for s22A and the Executive Director and authorised persons are prescribed for s22B(1) in Schedule application clause 1(3). This couples the Regulation’s enforcement scheme to the enforcement framework in the governing Act.
Liability and indemnities
The Regulation shifts storage, removal and damage risk to the owner when the Trust or a relevant authority removes equipment or structures (clauses 19(2)-(3), 24(3)-(4)). This interacts with civil liability regimes: the Trust disclaims responsibility for safe keeping or damage where it removes property under these clauses.
Practical implication of interactions
Practitioners, event organisers and operators must map permissions and conditions in this Regulation against other applicable obligations: liquor licensing, food safety, firearms/weapon regulatory regimes, rural fire restrictions for open flames, disability access requirements, and traffic laws for vehicle movements. Clause 48 preserves other statutory requirements; the Regulation should be treated as adding a layer of site-specific administrative control rather than as a freestanding or exhaustive regime.
Amendment history
Commencement and replacement
The Regulation commenced on 1 September 2020 (clause 2). Clause 2 states expressly that this Regulation replaces the Royal Botanic Gardens and Domain Trust Regulation 2013, which was repealed on 1 September 2020 by section 10(2) of the Subordinate Legislation Act 1989. Clause 49 (Saving) preserves any act, matter or thing that had effect immediately before repeal of the 2013 Regulation as continuing to have effect under this Regulation.
Prescribed officer designation
Clause 47 makes a specific statutory appointment for administrative purposes: “For the purposes of section 22A(2)(a) of the Act, the Executive Director is a prescribed officer.” That is an internal designation within the regulatory architecture and is part of the 2020 Regulation’s text.
Schedule 1 and administrative details
Schedule 1 enumerates the penalty notice offences and their amounts. The application clause to Schedule 1 prescribes the Executive Director and authorised persons as officers for the purposes of s22B of the Act in relation to the Schedule’s offences (Schedule application clause 1(3)). Those operational designations are part of the Regulation as enacted.
Savings and continuity
Clause 49 preserves existing effects: acts, matters or things that had effect under the 2013 Regulation continue under this Regulation. That suggests an intent to preserve continuity of permissions, leases or similar arrangements that were operative immediately before the replacement.
No other amendments recorded in the provided text
The text supplied contains no further amendment history, schedules of prior variations, or transitional provisions beyond what is described at clauses 2 and 49. The Regulation’s own commencement note clarifies replacement of the 2013 instrument. Any later amendments or repeals are not part of the supplied material and are therefore not summarised here.
Practical note for users seeking amendment details
The Regulation itself identifies its commencement date and the instrument it replaced. For later amendment history (if any), practitioners should consult the official legislation database and amendment registers. This note is limited to the amendment material present in the supplied text: commencement (clause 2), replacement of the 2013 Regulation, and the saving provision (clause 49).
Litigation history
No litigation material is referred to in the Regulation text supplied. The Regulation does not cite any judicial decisions, nor does it summarise court interpretations or litigation outcomes. The text also does not list any case law or statutory interpretation guidance.
What the Regulation does include that bears on potential litigation
Procedural preconditions for enforcement: clauses 43 and 44 require authorised persons to identify themselves and warn persons before certain powers are enforceable. Failure by authorised persons to comply with these steps could be a factual basis for contesting a penalty or a subsequent prosecution. These provisions are administrative safeguards that, in practice, might be raised in litigation if enforcement did not follow the prescribed identification and warning steps.
Discretion and reasonableness language: many elements depend on “reasonable” directions or circumstances (clause 17, exemption for emergency vehicles; clause 29, failure to comply with a reasonable direction). This opens factual disputes about what measures were reasonable and whether an authorised person properly exercised discretion , the kind of issue likely to appear in contested enforcement cases.
Penalty notice scheme and court penalties: Schedule 1 creates a two-track enforcement environment (penalty notices and maximum penalties). Litigated cases would typically concern whether the issuance of a penalty notice complied with procedural preconditions and whether, in circumstances of contest, the matter should proceed to a court for determination of guilt and sentence within the statutory maximum.
Absence of judicial gloss in supplied text
Because the supplied Regulation does not include any case citations or notes of judicial consideration, there is no recorded litigation history within the instrument itself. Any judicial decisions interpreting particular clauses, or decisions about the boundary between permission and prohibition, would need to be researched outside this text.
Practical implication
Practitioners should be aware that procedural requirements (identification and warnings), the range of discretionary decisions the Trust may make, and the interplay between penalty notices and court prosecutions are the likely legal flashpoints. To identify any litigated interpretations or precedents, review of court databases, judgments and administrative tribunal records beyond this Regulation is required.
Gotchas
Broad and recurring “written permission in the manner approved” formulation
The recurring requirement that activities be carried out only with the Trust’s “written permission, and in the manner approved by” the Trust or Executive Director (e.g. clauses 4(3), 7(2), 18, 22-27, 37) is a single-liner that masks potentially extensive procedural requirements. The Regulation gives the Trust latitude to set the manner of approval (by sign, written notice, public notice, organiser notice , see clause 8(2)-(3), clause 14(3)). Practitioners should not assume “written permission” is a simple form; the Trust may require conditions (clause 42), security (clause 42(3)) and particular methods of notification. Failing to satisfy the Trust’s prescribed manner of approval can make an activity unlawful even where permission in a different form was obtained.
Sign and public-notice as de facto authorisations
The Trust can communicate permissions, restrictions and gate times by sign or public notice (clauses 4(2), 6(2), 12(1), 13(2), 14(3)). This places an onus on organisers and regular users to monitor signs and the Trust’s website for notices. Reliance on prior practice or verbal assurances without written or sign-based confirmation exposes participants to penal risk, and the Schedule differentiates offences committed “other than in respect of a contravention of a verbal direction” , showing the regulation treats verbal directions differently for enforcement (Schedule 1 qualifiers and clauses 43-44).
Verbal directions are enforceable only if procedural steps are observed
For a verbal direction to be enforceable, the person giving it must identify as an employee/authorised person/Executive Director, warn the individual that failure to comply is an offence, and show identification if asked (clause 44(2)). Similarly, the name-and-address power is unconclusive unless the authorised person identified themselves and warned of the offence (clause 43(3)). Failure by an authorised person to follow these procedural steps may preclude a penalty or make a penalty notice contestable.
Two-tier enforcement: penalty notices vs maximum penalties
The presence of Schedule 1 amounts for penalty notices and the simultaneous availability of 10 penalty units as a maximum fine mean that an offence can be dealt with out of court (penalty notice at a fixed amount) or in court (higher penalties may be applied). The Schedule qualifications (e.g. “other than in respect of a contravention of a verbal direction”) change when a penalty notice is available. Practitioners should check whether a contravention is listed in Schedule 1 and whether the circumstances (such as whether the breach was of a verbal direction) disqualify it from penalty notice treatment.
Permissions may impose costly conditions and security
Clause 42 allows the Trust to require maintenance of adequate insurance and the giving of security in amount and form determined by the Trust (clause 42(2)(c) and 42(3)). Event organisers should anticipate insurance, security bonds or cash deposits to secure compliance. The Trust can also attach detailed conditions covering crowd and waste management, noise control and temporary structure erection and removal (clause 42(2)(i), (j), (k), (l)). These are potential cost drivers.
Fee variability and recovery as debt
The Trust may determine fees for entry and use (clause 41(1)), require payment by specified dates (clause 41(2)), recover unpaid fees as a debt (clause 41(3)) and accept in-kind consideration (clause 41(4)-(5)). There is a small cap ($100) on gate opening fees for removal of vehicles after hours (clause 12(3), 13(6)) but no statutory cap on general fees. Practitioners cannot assume fees will be nominal.
Removal and risk transfer for equipment/structures
If a relevant authority removes equipment or structures, the authority is not responsible for safe keeping or damage to the items removed (clauses 19(3), 24(4)). Where organisers leave equipment or erect structures without permission they risk loss or damage with no recourse against the Trust. The Regulation also permits removal to a place of safe keeping at the owner’s expense (clauses 19(2), 24(3)).
Overlap with leases and licences
Clause 46 provides that an act authorised by a lease or licence granted by the Trust is not a contravention of the Regulation. However, permissions granted by the Trust under the Regulation (clause 42) may still apply. Parties should reconcile contractual entitlements with the Regulation’s conditional permission model: a lease/licence may permit activity, but conditions around public safety set in clause 42 can still be applied.
Substantial delegation to authorised persons
“Authorised person” may be any person appointed by the Trust in writing (clause 3). This could create inconsistent enforcement depending on appointment practices and training. The Regulation requires identification and warnings to be given when verbal directions or name/address requests are used, but does not prescribe training or accreditation standards for authorised persons.
Emergency exceptions require factual assessment
Clauses 5(2), 17 and 32(3)(q) provide emergency exceptions; whether a situation qualifies as an emergency is a factual question. Practitioners should be cautious in assuming broad exemptions and should document emergency-related factual circumstances if relying on those clauses.
Interplay with other statutes
Clause 48 saves the operation of other Acts; obligations under liquor, firearms, weapons, companion animals and rural fire statutes still apply. The Regulation sometimes defers to those Acts (for example, cl 32(1)(j)(i) refers to Rural Fires Act 1997). Users must account for concurrent regulatory regimes.
Record-keeping and proof
Many powers (permissions, denial, conditions, signage) operate by sign or public notice. In disputes, proof of the content, timing and location of signs/public notices and of the Trust’s communications will be pivotal. Written permissions and proof of payment or security will mitigate enforcement risk.
Do not rely on verbal assurances. Clause 18 and numerous other clauses require “written permission of, and in the manner approved by, the Trust or the Executive Director.” Confirm with the Trust the precise procedural steps and documentation required (clause 8(3), 14(3), 42(1)).
Anticipate and meet conditions:
Expect conditions under clause 42 that cover insurance, site preparation, food/beverage provision, signage, vehicle access, crowd management, cleaning/waste management and noise control. Provide evidence of adequate insurance and be prepared to post security where required (clause 42(2)-(3)).
Pay and document fees:
Identify any fees under clause 41. Pay by the dates specified and retain receipts. Where a fee might be required in advance, ensure payment is made and acceptance confirmed in writing. For gate-opening outside normal times, note the capped fee of $100 (clause 12(3), 13(6)).
Comply with signage and public notices:
Monitor the Trust’s website and on-site signage for designations, vehicle-free periods, gate opening times and prohibited areas (clauses 8(2), 12(1), 13(2)). Ensure site plans and ingress/egress routes conform to any perimeter entrance designations (clause 8(3)(b)).
Safety and emergency planning:
Prepare crowd-management, security and emergency procedures, and coordinate with authorised persons and the Executive Director as required under clause 42(2)(h)-(i).
Vehicle and access compliance:
Use designated vehicle entrances and adhere to gate opening times (clauses 11-12). Do not drive or park outside sealed roads or designated areas (clause 14(2)(a)-(b)). Respect vehicle-free periods unless permission has been granted (clause 13).
Environmental and heritage protection:
Avoid damage to vegetation, structures and protected items (clause 32). Do not affix items to trees or protected structures without written permission (clause 33).
Animal management:
If bringing animals, comply with clauses 37-40, including leash requirements and faeces removal. Obtain permissions for stock movements and for any animal-related activity.
Special activities:
For commercial filming, busking, collecting money, surveys, and advertising, obtain specific written permission (clause 18(c), (d), (e), (f), (g)). For personal training and fitness activities, ensure area is designated or permission obtained (clause 25).
Procedural compliance with authorised persons:
If a relevant authority gives a verbal direction, check that they identify themselves and have given the required warning and identification if asked (clause 44(2)). If asked for name and address, the authorised person must have provided the identification/warning required by clause 43(3).
Practical compliance checklist (for lessees/licensees and contractors)
Align contract terms with Regulation:
Ensure leases and licences expressly authorise the specific acts you will undertake on Trust lands to avoid reliance on permissions (clause 46). However, be prepared to comply with safety and public-order conditions set out in clause 42.
Insurance and security:
Provide proof of insurance and any security required by the Trust under clause 42(2)-(3) before undertaking activities.
Documentation and record-keeping:
Keep copies of written permissions, conditions, payment receipts, public notices relied upon, and records of communications with the Trust and authorised persons.
Dealing with enforcement and penalty notices
On receipt of a penalty notice (Schedule 1):
Check whether the offence is one for which a penalty notice may be issued under Schedule 1 and whether the circumstances (e.g. contravention of a verbal direction) prevent penalty notice treatment (Schedule application clause 1(2)). Determine whether the issuing officer was authorised (Schedule application clause 1(3)) and whether the authorised person observed identification/warning prerequisites (clauses 43(3), 44(2)).
Contesting a penalty:
If contesting, gather evidence: photographs of signage and the activity, written permissions or lack thereof, communications with the Trust, and evidence regarding whether the authorised person complied with identification/warning prerequisites.
Operational and compliance risk management
Undertake a pre-event compliance audit:
Map required permissions, likely conditions (insurance, security), vehicle access regime, waste management and noise control obligations against the Trust’s rules and site designations.
Liaise early with the Trust:
Because the Trust controls permissions, conditions and fees, early engagement reduces the risk of last-minute denial or onerous conditions. Ask for written confirmation of permissions and conditions.
Training for staff and contractors:
Ensure staff understand gate opening times, vehicle entrance points, signage directions and removal obligations. Document chain-of-command for dealing with authorised persons.
Contingency budgeting:
Budget for possible security deposits, insurance premiums, gate-opening fees ($100 cap for removal operations), and potential penalty notice exposure.
Summary
Treat the Regulation as a site-specific, administratively driven permit regime. Secure written permissions early, budget for conditional costs (insurance, security), adhere strictly to signage and authorised-person directions, and preserve documentary evidence to defend against penalty notices or court proceedings.
Section 4Trust lands and buildings may be closed to public
relevant authority means the Trust, the Executive Director or an authorised person.
sea wall means the part of the stone wall bordering Farm Cove (and separating Sydney Harbour from the Royal Botanic Garden Sydney and part of the Domain) that runs from the Queen Elizabeth II Gate entrance to the Royal Botanic Garden Sydney to the rocks on Mrs Macquarie’s Point.
sign includes a board, post, banner, notice or painted marking, flag or electronic or similar device, whether temporary or permanent.
the Act means the Royal Botanic Gardens and Domain Trust Act 1980.
the Domain means that part of the Trust lands known as the Domain.
the Gardens means that part of the Trust lands known as—
(a) the Royal Botanic Garden Sydney, or
(b) the Australian Botanic Garden Mount Annan, or
(c) the Blue Mountains Botanic Garden Mount Tomah, or
(d) the Mount Tomah Conservation Area.
the Mount Tomah Conservation Area means that part of the Trust lands being Lot 35, DP 232476 and being approximately 189 hectares located north of the Bells Line of Road opposite the Blue Mountains Botanic Garden Mount Tomah.
vehicle includes the following—
(a) a motor vehicle,
(b) a bicycle,
(c) a trailer or caravan, whether or not it is in the course of being towed,
(d) an apparatus that is propelled by human or mechanical power, or by the wind, and is wholly or partly used for the conveyance of persons or things, other than a wheelchair, pram or stroller,
(e) a motorised wheelchair that is capable of a speed of more than 10 kilometres per hour over level ground,
(f) a vehicle that is being drawn by an animal,
(g) an animal that is being ridden or is drawing a vehicle,
(h) a boat, raft, canoe, ski, barge or other vessel,
but does not include a train or a wheeled toy or a wheeled recreational device (such as rollerblades or a skateboard).
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) A reference in this Regulation to the Trust lands includes a reference to any part of the Trust lands.
(3) In this Regulation, a person is responsible for an animal if the person is in charge of the animal or otherwise has the animal under the person’s control.
(4) Notes included in this Regulation do not form part of this Regulation.
Part 2 Entry onto Trust lands
Part 2 Entry onto Trust lands
Part 2 Entry onto Trust lands
4 Trust lands and buildings may be closed to public
4 Trust lands and buildings may be closed to public
4 Trust lands and buildings may be closed to public
(1) The Trust or the Executive Director may—
(a) close the Trust lands to the public, or
(b) close any building within the Trust lands to the public.
(2) The Trust or the Executive Director may take action under this clause by means of the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person must not enter (whether on foot, by vehicle or otherwise) the Trust lands, or any building within the Trust lands, that is fenced off, locked, or closed to the public by a sign displayed under this clause, except with the written permission of, and in the manner approved by, the Trust or the Executive Director.
Maximum penalty—10 penalty units.
5 Entry into Royal Botanic Garden Sydney by sea wall
5 Entry into Royal Botanic Garden Sydney by sea wall
5 Entry into Royal Botanic Garden Sydney by sea wall
(1) A person must not, without the written permission of the Trust, enter or leave the Royal Botanic Garden Sydney by means of the sea wall.
Maximum penalty—10 penalty units.
(2) This clause does not apply in the case of an emergency.
6 Limit on number of persons who may enter Trust lands
6 Limit on number of persons who may enter Trust lands
6 Limit on number of persons who may enter Trust lands
(1) The Trust may limit the number of persons who may enter or remain on the Trust lands or any building within the Trust lands.
(2) The Trust may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person must not enter or remain on Trust lands, or any building within the Trust lands, in contravention of a direction given or sign displayed under this clause.
Maximum penalty—10 penalty units.
7 Trust may impose conditions on entry
7 Trust may impose conditions on entry
7 Trust may impose conditions on entry
(1) The Trust may give a direction imposing conditions subject to which the public may enter any part of the Trust lands.
(2) If the Trust has imposed a condition, a person who enters that part of the Trust lands must comply with the condition unless the person has the written permission of the Trust.
Maximum penalty—10 penalty units.
8 Trust lands may be used for designated purposes
8 Trust lands may be used for designated purposes
8 Trust lands may be used for designated purposes
(1) The Trust or the Executive Director may designate the Trust lands or any building within Trust lands (a designated space) for use for the purpose of—
(a) an organised sporting activity, or
(b) an organised entertainment, or
(c) an organised ceremony or other event, or
(d) any other organised activity.
(2) The Trust or the Executive Director may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust lands or building concerned.
(3) A person may, with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) use a designated space for the purpose for which it is designated, and
(b) designate points on the perimeter of the designated space as entrances for persons attending the organised activity, entertainment, ceremony or event concerned by a sign displayed adjacent to those points, and
(c) prevent people from entering the designated space other than through those entrances, and
(d) prevent people from entering the designated space without paying a fee approved by the Trust or the Executive Director.
(4) The use of the Trust lands in accordance with a permission granted under this clause is not a contravention of clause 18.
(5) The Trust or the Executive Director may also designate the Trust lands, or any building within the Trust lands, as lands that may be used for specified activities (such as fishing or riding pedal-cars or similar devices) that are not organised activities by a sign displayed on or near the lands or building concerned.
9 Removal of certain persons from Trust lands
9 Removal of certain persons from Trust lands
9 Removal of certain persons from Trust lands
(1) A person who does any of the following on the Trust lands must leave the Trust lands if directed to do so by a relevant authority—
(a) trespasses,
(b) causes inconvenience to any person,
(c) contravenes this Regulation.
(2) A direction given under this clause may specify any one or more of the following—
(a) the part of the Trust lands to which the direction relates,
(b) the period within which the person must leave the Trust lands concerned,
(c) the period within which the person must not return to the Trust lands concerned.
(3) In specifying a period under subclause (2)(b) or (c), a relevant authority must take into consideration the seriousness and persistence of the conduct concerned.
(4) A person who fails to comply with a direction given under this clause may be removed from the Trust lands by a relevant authority.
(5) A person who leaves or is removed from the Trust lands under this clause must remove any equipment, vehicle or animal (whether alive or dead), or any other item belonging to or associated with the person, from the Trust lands.
Maximum penalty—10 penalty units.
(6) A person must not remain on, enter or return to the Trust lands in contravention of a direction given under this clause.
Maximum penalty—10 penalty units.
Part 3 Use of vehicles on Trust lands
Part 3 Use of vehicles on Trust lands
Part 3 Use of vehicles on Trust lands
10 Trust may prohibit and regulate entry of vehicles
10 Trust may prohibit and regulate entry of vehicles
10 Trust may prohibit and regulate entry of vehicles
(1) The Trust may do any one or more of the following—
(a) prohibit the entry of vehicles to the Trust lands,
(b) regulate or otherwise control the entry of a vehicle to the Trust lands,
(c) refuse to admit a vehicle to the Trust lands.
(2) The Trust may take action under this clause by means of a direction or the display of a sign.
(3) A person must not do anything in contravention of a direction given or sign displayed under this clause.
Maximum penalty—10 penalty units.
11 Vehicles may enter or exit only at designated points
11 Vehicles may enter or exit only at designated points
11 Vehicles may enter or exit only at designated points
(1) The Trust may designate a point on the perimeter of the Trust lands as an entrance or exit for any vehicle by a sign displayed adjacent to that point.
(2) A person must not drive or ride any vehicle onto or out of the Trust lands other than at a point designated in accordance with this clause.
Maximum penalty—10 penalty units.
12 Vehicles may enter only while gates are open
12 Vehicles may enter only while gates are open
12 Vehicles may enter only while gates are open
(1) The Trust may designate the times during which an entrance to the Trust lands is open to vehicles (the gate opening times)—
(a) by a sign displayed adjacent to the entrance, or
(b) by public notice, including by notice published on a website maintained by the Trust.
(2) A person must not drive or ride a vehicle (other than a bicycle) onto or within the Trust lands outside the gate opening times, except with the permission of the Trust.
Maximum penalty—10 penalty units.
(3) The Trust is entitled to require payment of a fee (not exceeding $100) determined by the Trust for the opening of a gate outside the gate opening times to permit the removal of a vehicle from the Trust lands.
(4) An authorised person may require and receive any fee determined under subclause (3).
13 Vehicle-free periods
13 Vehicle-free periods
13 Vehicle-free periods
(1) The Trust or the Executive Director may designate dates and times during which all vehicles or a class of vehicles must not be on the Trust lands (a vehicle-free period).
(2) The Trust or the Executive Director may take action under this clause by means of—
(a) the display of a sign, or
(b) public notice, including by notice published on a website maintained by the Trust.
(3) A person must not drive or ride a vehicle onto or within the Trust lands during a vehicle-free period, except with the permission of the Trust or the Executive Director.
Maximum penalty—10 penalty units.
(4) Without limiting the way in which permission referred to in subclause (3) may be granted, permission may be granted—
(a) by the display of a sign, or
(b) by public notice (including by notice published on a website maintained by the Trust) or advertisement, or
(c) in relation to any function or meeting to be held on the Trust lands—by notice in writing to the organiser of the function or meeting.
(5) Without limiting clause 42, it is a condition of a permission referred to in subclause (3) that the person driving or riding the vehicle concerned complies with any reasonable directions given by an authorised person in relation to the vehicle.
(6) The Trust is entitled to require payment of a fee (not exceeding $100) determined by the Trust for the opening of a gate during a vehicle-free period to permit the removal of a vehicle from the Trust lands.
(7) An authorised person may require and receive any fee determined under subclause (6).
14 Driving and parking vehicles
14 Driving and parking vehicles
14 Driving and parking vehicles
(1) The Trust or the Executive Director may—
(a) designate part of the Trust lands for use for the purpose of driving or parking vehicles by a sign displayed on or near the area, and
(b) regulate the parking of vehicles on any part of the Trust lands by a sign displayed on or adjacent to the Trust lands concerned.
(2) A person must not do any of the following on the Trust lands, except with the written permission of, and in the manner approved by, the Trust or the Executive Director—
(a) drive, ride, stand or park a vehicle other than on a sealed road or part of the Trust lands designated under subclause (1),
(b) cause or permit a vehicle to be driven, ridden, stood or parked other than on a sealed road or part of the Trust lands designated under subclause (1),
(c) drive, ride or park a vehicle contrary to, or act contrary to, a sign displayed by the Trust or the Executive Director that regulates the movement or parking of vehicles or the movement or confinement of animals,
(d) connect a vehicle to a water or ele
This is an opening excerpt, not the complete document.