Royal Botanic Gardens Regulations 2024, S.R. No. 110/2024

The Regulations centre on a small number of structural concepts that determine how the Board governs conduct in the Gardens.

Determinations and publication: The Board is empowered to make written determinations setting conditions for physical access, activities and classes of people, things and vehicles (regulation 7(7) lists which regulations attract the term “determination”). When a determination is made under specified provisions (for example regulation 8(1) on opening times, regulation 11(1) on climbable plants, regulation 13(1) on introduction of plants, regulation 19(1) on prohibited items, regulation 27(1) on recreational activities, and regulations 38-40 on vehicle matters), the Board must erect a sign or notice at or near the entrance to the Gardens or relevant area that states the content of the determination, the reason for it and any conditions, and it must publish the determination on its Internet site (regulation 7(3)-(6)). The regulatory design therefore combines delegated discretion with a transparency requirement to place information at entrances and online.

Prohibitions expressed as “must not” offences: The main enforcement mechanism is a catalogue of prohibitions backed by monetary penalties expressed in penalty units. These address conduct directed at plants and beds (regulations 11-13), animals and habitats (regulations 14-18), structures and park fabric (regulations 19-26), temporary occupation and camping (regulations 30-33), organised events and commercial activity (regulations 34-37), vehicles (regulations 38-40) and behaviour that causes nuisance or danger (regulations 27-29). Penalties escalate according to the rule breached, with numerous core garden‑protection rules set at 20 penalty units (for example damaging plants, garden beds, or structures).

Defined scope and imported meanings: Definitions in regulation 5 set the universe of application: “animal” is broadly defined across taxa and life stages except human beings and excludes food for human consumption; “plant” is likewise broad but excludes food for consumption and plant‑manufactured objects; “prohibited item” is a list including fireworks, laser pointers, poisons, fishing equipment, remote‑controlled devices (including model aircraft and RPAs), tools that could be used to take or damage plants or to dig out soil or to damage fixtures, and weapons and firearms as defined under other Acts. Vehicle is defined broadly to include bicycles, pedal vehicles and small conveyances but excludes wheelchairs, motorised wheelchairs, prams and aircraft (regulation 5). Many operative provisions cross‑refer to external legislation, making compliance dependent on those other regimes (regulation 5).

Delegated enforcement actors and procedural safeguards: Enforcement may be carried out by “authorised officers” (meaning as in the Conservation, Forests and Lands Act 1987) or by persons authorised by the Board in writing (regulation 9(1) and regulation 10(1)-(2)). Before directing someone to leave the Gardens, authorised officers or authorised persons must present identification or written authorisation and inform the person of the reason and that non‑compliance is an offence (regulation 9(2)). That procedural requirement creates a modest procedural check on immediate expulsions.

Removal and disposal powers: The Board and Director have express powers to remove prohibited items (regulation 20(1)) and to remove other items that they consider threaten people, animals, plants or the State botanical collection (regulation 20(2)). Structures erected without permission can be ordered removed in writing with not less than seven days to comply (regulation 33(1)-(3)); if not complied with or the person is unknown, the Board may remove the structure and notify the person, and may dispose of unclaimed structures after 28 days (regulation 33(4)-(8)).

Exemptions and interaction with Crown action: Regulation 6 excludes servants and agents of the Crown acting in course of duties, or persons acting under contract, direction or permission of such Crown servants or agents, from the application of the offences in the Regulations; and authorised officers acting in the course of their duties are also exempt. Assistance animals are also exempt from the general prohibition on bringing animals into the Gardens (regulation 17(3)), but the definition of assistance animal is imported from the Disability Discrimination Act 1992 and Equal Opportunity Act 2010 (regulation 17(4)).

Administrative and statutory context: The Regulations sit in a statutory network. They were made under s 51 of the Royal Botanic Gardens Act 1991 (regulation 2) and are subject to the Subordinate Legislation Act 1994 sunset rules , the instrument will sunset ten years after making (Endnotes). The endnotes and Explanatory details also make explicit that penalty amounts are to be calculated by reference to penalty units under the Sentencing Act 1991 and the Monetary Units Act 2004 (Endnotes).

The Regulations reach a broad array of actors who visit, work in, or propose to carry out activities in the Gardens. The language of the instrument identifies who the rules bind and who is carved out.

Primary affected persons and classes

• Daily visitors and the general public: Every person who enters or remains in the Gardens must comply with opening hours determinations (regulation 8), may be directed to leave by authorised officers or authorised persons (regulation 9) and is subject to the prohibitions (for example on walking on garden beds (regulation 12), feeding animals (regulation 16), leaving human waste (regulation 24), lighting fires (regulation 26) and causing nuisance by sound (regulation 28)).
• Commercial operators and event organisers: The Regulations bar organised events (regulation 34) and the carrying on of trade or business in the Gardens (regulation 35) unless otherwise authorised. Commercial filming and photography for commercial purposes is prohibited (regulation 36). Those actors will need express Board determinations or approvals to operate.
• Photographers, filmmakers and creative professionals: Regulation 36 makes it an offence to take still photographs, record film, or create images for commercial purposes in the Gardens without Board authorisation. The definition of “commercial purposes” is not elaborated in the Regulations; the prohibition is absolute unless a determination under the Board’s powers allows otherwise.
• Contractors, landscapers and maintenance personnel: The definition of “prohibited item” includes tools capable of taking, destroying, damaging plants or removing soil and similar material (regulation 5(f)). Those who need to bring tools into the Gardens will need Board determinations permitting possession or use, or to act under an approved function or activity (regulation 19(2)(b)). Contractors acting as servants or agents of the Crown or under contract with the Crown may be exempt if they fall within regulation 6’s carve‑outs, but that depends on the contractual relationship.
• Vehicle operators, cyclists and persons using conveyances: The definition of “vehicle” includes bicycles and pedal‑powered vehicles (regulation 5). Vehicle operation, speed, direction and parking are subject to Board determinations (regulations 38-40). Persons using prams, strollers, mobility devices and wheelchairs are excluded from the vehicle definition and are not subject to vehicle provisions in that respect (regulation 5(c)-(e)).
• Persons with assistance animals: The general ban on bringing animals into the Gardens is subject to a specific exception for assistance animals and assistance dogs (regulation 17(3)), with the meaning of those terms drawn from the Disability Discrimination Act 1992 and Equal Opportunity Act 2010 (regulation 17(4)). Visitors relying on assistance animals must nonetheless be aware of other animal‑related rules (for example not leaving faeces, reg 18).
• People erecting or occupying structures and campers: The Regulations prohibit camping and erecting structures (regulations 30-32). Persons who do erect structures without permission can be directed in writing to remove them within not less than seven days; structures can be removed by the Board and disposed of after 28 days if unclaimed (regulation 33).
• Board employees and authorised officers: The Regulations give the Board authority to authorise employees in writing to exercise powers to direct visitors to leave (regulation 10(1)-(2)). Authorised officers, as defined in the Conservation, Forests and Lands Act 1987, are given functions and must present identification before directing a person to leave (regulation 9(2)).
• Crown servants, agents and contracted persons: Regulation 6 creates an express exclusion from the offences for persons acting as servants or agents of the Crown, or under contract with the Crown or a Crown agent, acting under direction or permission of Crown servants or agents, and authorised officers acting in the course of their duties. This carve‑out can be significant for government contractors or employees undertaking authorised works.

Secondary effects and institutional actors

• The Board and Director: The Board gains significant regulatory tools , determinations, removal powers, authority to set area restrictions and signposting obligations (regulations 7, 20, 33). The Director is specifically empowered under regulation 28(2) to cause a sound‑producing device to be removed if causing nuisance or disturbing animals.
• The State botanical collection and curatorial staff: The Regulations repeatedly reference the care, protection and management of the State botanical collection (regulation 9(1)(d), regulation 20(2)(b)), creating duties for the Board and implications for staff who manage access to specimens.
• Third‑party approvers under other regimes: Several definitions and thresholds depend on other statutes and Commonwealth regulations (for weapons, firearms, RPAs, assistance animals and authorised officers) (regulation 5). Individuals and businesses that operate under those other regimes must ensure they also meet the Board’s determinations and permit requirements.

What the Regulations do not affect directly

• Human beings as animals: The definition of animal expressly excludes human beings (regulation 5).
• Persons acting lawfully as Crown agents or authorised officers: As noted above, many offences do not apply to Crown servants or to authorised officers acting in the course of their duties (regulation 6); the effect is that authorised public servants conducting approved works are outside the regulations’ criminal prohibitions while acting lawfully.

Who pays and who decides

• Who pays: Monetary penalties are payable by persons who breach the regulations; the statutory value of a penalty unit is applied to convert unit counts into dollars (Endnotes). Persons who erect structures without permission may lose structures removed and disposed of after 28 days (regulation 33(4)-(8)), meaning private loss. Businesses seeking to trade, film or hold events will incur compliance costs in obtaining Board determinations or refraining from activities.
• Who decides: The Board is the primary decision‑maker for determinations, with the Director holding specific removal powers. The Board may authorise employees to exercise certain enforcement functions in writing (regulation 10(1)-(2)). Authorised officers under other legislation also have enforcement authority (regulation 9(1)).

This section extracts the principal operational duties placed on the Board and on persons, together with procedural rights embedded in the Regulations.

Duties imposed on the Board

• Make determinations in writing and include date of making (regulation 7(1)). Determinations are explicitly described as being subject to conditions (regulation 7(2)).
• Where a determination concerns certain matters (opening times, closed areas, climbable plants, permitted introductions, allowed prohibited items, restricted recreational activities, vehicle speed/direction or area designations), the Board must erect or display a sign or notice at or near the relevant entrance or area specifying the content of the determination, the reason for it and any conditions; the Board must also publish determinations on its Internet site as soon as practicable, and must publish amendments or revocations (regulation 7(3)-(6)). The duty to publish and erect signage is the principal statutory transparency duty.
• Cause the removal of prohibited items or any items deemed to represent a threat to persons, animals, plants or the State botanical collection (regulation 20(1)-(2)). The Board therefore has an affirmative duty to act where it considers there is a threat.
• Issue written directions to remove structures illegally erected in the Gardens, stipulating a compliance period of not less than seven days (regulation 33(1)-(3)). If the person fails to comply or is unknown, the Board may remove the structure and must take reasonable steps to notify the person and allow 28 days for collection prior to disposal (regulation 33(4)-(8)).
• The Board must authorise in writing any employee to give directions under regulation 9(1) and must be satisfied that the person has adequate skill and experience to do so (regulation 10(1)-(2)). The duty is to ensure authorisations are written and competence‑based.

Duties imposed on persons

• Compliance with determinations: Persons must not enter or remain in the Gardens when they are closed under a determination (regulation 8(2); penalty 10 units). Persons must not enter areas set aside as closed to the public except for specified activities authorised by the Board or where the area is subject to a lease, licence or permit under section 24 of the Act (regulation 8(3)-(4); penalty 5 units).
• Compliance with directions to leave: Persons must comply with directions by authorised officers or authorised persons to leave where reasonable grounds exist relating to public safety, preservation of order, care or protection of the Gardens, State botanical collection or protection of a plant or animal (regulation 9(1), (3); penalty 5 units). Prior to direction, the officer must identify themselves and state the reason and that non‑compliance is an offence (regulation 9(2)).
• Specific prohibitions: The Regulations create multiple specific duties in negative form. Examples include: not climbing plants unless a determination permits it (regulation 11; 20 units); not entering garden beds (regulation 12; 20 units); not knowingly bringing pathogens or plants into the Gardens except under narrow exceptions (regulation 13; 20 units); not interfering with animals unless brought in accordance with the rules (regulation 14; 20 units); not feeding animals unless the animal was brought in accordance with regulation 17 (regulation 16; 10 units); not bringing prohibited items unless a determination allows it (regulation 19; 20 units); not carrying on trade or business (regulation 35; 20 units) and not engaging in commercial filming (regulation 36; 20 units).
• Maintenance duties: A person in control of an animal must not leave faeces in the Gardens and must deposit it in a bin provided (regulation 18; 10 units). Persons must not deposit human remains or human waste except in provided toilets (regulations 13(3) and 24; penalties 10 units). Persons must not light fires except in Board‑provided fireplaces or barbecues (regulation 26; 20 units).

Procedural rights and checks

• Presentation of ID/written authorisation before direction: Authorised officers must show their identification card, and authorised persons must present written authorisation prior to directing a person to leave (regulation 9(2)(a)). That is a minimal procedural protection for visitors.
• Notice and publication obligations: The Board must publish determinations and must erect notices where required (regulation 7(3)-(6)), giving persons constructive notice of the applicable rules. The Board must take reasonable steps to notify a person when it removes a structure they erected and provide 28 days to claim it before disposal (regulation 33(5)-(8)). These duties create limited procedural rights to notification.
• Written authorisation for employees giving directions: The Board must give written authorisations to employees to direct persons to leave (regulation 10(2)). That creates an evidentiary right for persons to request to see the written authorisation when directed (regulation 9(2)(a)(ii)).

Discretion and limits

• The Regulations confer discretion rather than prescribe exhaustive criteria for determinations. For example, the Board “may” set aside areas for closed access, set aside areas for animals, specify permitted items or restricted activities (regulations 8(3), 13(1), 17(1), 19(1), 27(1), 38(1), 39(1), 40(1)). The mandatory signage and publication duties follow from particular enumerated determinations (regulation 7(3)-(6)), but the Regulations do not prescribe an administrative application, fee, timeline or appeal procedure for determinations.
• Exemptions and exceptions are narrowly expressed. For example, the prohibition on bringing animals into the Gardens does not apply to assistance animals or dogs as defined in external Acts (regulation 17(3)-(4)), and offences do not apply to persons acting as Crown servants or agents or authorised officers in course of duties (regulation 6).

Penalty structure and monetary conversion

• Penalties are expressed as penalty units in each offending regulation. The Explanatory details in the Endnotes specify that penalties are calculated under the Sentencing Act 1991 and the Monetary Units Act 2004 and give the penalty unit value for the 2024-25 financial year as $197.59 (Endnotes). The endnotes also state the Treasurer will fix the value for future years and the value must be published in the Government Gazette and a statewide newspaper (Endnotes).

Penalties are expressed throughout the Regulations in terms of penalty units; enforcement is carried out by a combination of authorised officers, Board‑authorised persons and the Board or Director themselves for removal actions.

Penalty structure

• The Regulations use four common penalty levels: 5, 10 and 20 penalty units. Examples:
  • 20 penalty units: climbing plants (regulation 11), entering garden beds (regulation 12), introducing plants/pathogens without permission (regulation 13(2)), protection of animals/habitats interference (regulations 14, 15), damaging structures or natural features (regulation 21), digging or removal of material or introducing material (regulations 22-23), lighting fires except in Board‑provided facilities (regulation 26), engaging in activities likely to cause danger (regulation 27(4)), carrying on trade or business (regulation 35), commercial filming and photography for commercial purposes (regulation 36), obstructing an employee or agent of the Board (regulation 29).
  • 10 penalty units: entering the Gardens when closed (regulation 8(2)), bringing animals into the Gardens in breach (regulation 17(2)), leaving faeces (regulation 18), depositing cremated remains (regulation 13(3)), camping or occupying structures (regulation 30-31), erecting structures or failing to remove them (regulation 33), parking in prohibited areas (regulation 39(3)), vehicle use in prohibited areas (regulation 40(3)).
  • 5 penalty units: entering or remaining in an area set aside as closed when permitted exceptions do not apply (regulation 8(4)), failure to comply with a direction to leave (regulation 9(3)), contravention of vehicle speed and direction requirements (regulation 38(2)-(3)), parking contrary to a restricted designation (regulation 39(2)), use or operation contrary to restricted area determination (regulation 40(2)).

Monetary conversion and variability

• The Endnotes provide the mechanism for converting penalty units to dollars. The Regulations refer to penalty units as defined in the Sentencing Act 1991 (Endnotes). The explanatory details state that the value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and that future values will be fixed by the Treasurer under the Monetary Units Act 2004 and published (Endnotes). Using the 2024-25 value, a 20 penalty unit offence equates to $3,951.80 (20 × $197.59), and a 10 unit offence to $1,975.90, subject to rounding as permitted by the Monetary Units Act 2004 (Endnotes). The Regulations therefore impose penalties that may represent substantial fines for individuals and potentially larger costs for corporate actors.

Enforcement actors and powers

• Authorised officers: The term authorised officer is imported from the Conservation, Forests and Lands Act 1987 (regulation 5). Regulation 9(1) empowers authorised officers to direct persons to leave for listed reasons (preservation of order, public safety, care and protection of the Gardens and State botanical collection, protection of plants or animals).
• Board‑authorised persons: The Board may authorise persons employed or appointed under the Act to give directions under regulation 9(1) if satisfied they have adequate skill and experience; such authorisations must be in writing (regulation 10(1)-(2)). Regulation 9(2) requires presentation of identification (authorised officer) or written authorisation (authorised person) before giving a direction.
• Director and Board removal powers: The Director may cause a sound producing device to be removed if it is causing nuisance or disturbing animals (regulation 28(2)). More broadly, the Board or Director may cause prohibited items to be removed (regulation 20(1)) and may remove any item, matter or thing the Board or Director considers may represent a threat to persons, animals, plants or the State botanical collection (regulation 20(2)). Structures erected without permission may be removed by the Board after the person fails to comply with a written direction to remove (regulation 33(4)-(6)).
• Procedural safeguards: Before directing a person to leave, the authorised officer or authorised person must present ID or written authorisation, inform the person of the reason for the direction, and inform the person that it is an offence to fail to comply (regulation 9(2)). The Board must publish determinations on its website and erect signs at entrances where certain types of determinations are made (regulation 7(3)-(6)), which establishes a baseline of constructive notice for enforcement.

Operational enforcement tools beyond fines

• Removal and disposal: The Board may remove prohibited items and structures and dispose of unclaimed structures after 28 days (regulation 20, regulation 33(4)-(8)). Removal entails the loss and potential disposal of property, which functions as an enforcement tool beyond monetary penalty.
• Direction to leave and immediate compliance: The power to direct a person to leave (regulation 9) and the requirement that persons must comply (regulation 9(3)) provide a low‑cost on‑the‑ground enforcement mechanism for authorised officers and authorised persons.
• On‑site device removal: The Director may remove sound devices (regulation 28(2)); the Board may cause prohibited items to be removed (regulation 20). These are immediate physical enforcement options.

Limits and evidentiary issues

• The Regulations require written authorisation for Board employees to give directions and ID for authorised officers before they direct persons to leave (regulation 9(2), regulation 10(2)). Directions given without meeting these presentation requirements may be open to challenge, at least on procedural grounds.
• The instrument does not set out processes for review, appeal or internal merits review of a determination. It does require publication and signage for many determinations (regulation 7) but leaves contested determinations to the Board’s processes under the Act or general administrative law pathways, which are outside the Regulations’ text.

The Regulations explicitly cross‑link to multiple other pieces of Commonwealth and state legislation and regulatory instruments. Those cross‑references import definitions, provide authorising contexts and create layered compliance obligations.

Primary enabling and contextual statutes

• Royal Botanic Gardens Act 1991: The Regulations are made under section 51 of the Royal Botanic Gardens Act 1991 (regulation 2). Several provisions invoke processes or instruments under that Act; for example, regulation 8(4)(b) notes that persons may remain in areas subject to a lease, licence or permit granted under section 24 of the Act, in accordance with that lease, licence or permit.
• Subordinate Legislation Act 1994: The Endnotes state the Regulations will sunset 10 years after making, per section 5 of the Subordinate Legislation Act 1994 (Endnotes). That creates a statutory expiry unless amended or remade prior to sunset.

Imported definitions and cross‑references

• Conservation, Forests and Lands Act 1987: The term “authorised officer” is adopted from that Act (regulation 5). Practical consequences include that enforcement powers and training or accreditation requirements defined in that Act for authorised officers may govern who may perform enforcement functions in the Gardens.
• Control of Weapons Act 1990 and Firearms Act 1996: The definition of “prohibited item” references “dangerous article”, “prohibited weapon” and “controlled weapon” within the meanings of the Control of Weapons Act 1990 and “firearm” as defined in the Firearms Act 1996 (regulation 5(g)-(j)). That means weapons and firearm classifications under those Acts interact with the Gardens’ rules, so compliance may require satisfying both regimes.
• Civil Aviation Safety Regulations 1998 (Commonwealth): “Model aircraft” and “remotely piloted aircraft” are defined with reference to the Commonwealth Civil Aviation Safety Regulations 1998 (regulation 5). Persons operating model aircraft or RPAs (drones) will therefore need to reconcile CASA rules with Board determinations that may prohibit such devices in the Gardens.
• Disability Discrimination Act 1992 (Commonwealth) and Equal Opportunity Act 2010 (Victoria): Definitions of “assistance animal” and “assistance dog” are imported from these Acts (regulation 17(4)). The Regulations therefore must be read in tandem with those Acts’ definitions and entitlements, which may limit the Board’s ability to apply blanket exclusions in certain circumstances.
• Sentencing Act 1991 and Monetary Units Act 2004: Penalties are expressed in penalty units and converted to dollar amounts by reference to the Sentencing Act 1991 and the Monetary Units Act 2004, per the Endnotes. The monetary value of penalty units is administratively adjusted by the Treasurer and published (Endnotes).

Administrative law and procedural interactions

• Publication and signage duties (regulation 7) interact with general rules of administrative law. The Board’s determinations must be published on the Board’s Internet site and displayed near entrances (regulation 7(5)-(6)). Other administrative law obligations (natural justice, reasonableness, and review rights) are not set out in the Regulations but would be relevant under Victorian administrative law and the enabling Act if the Board’s determinations affect rights or impose liabilities.
• Leases, licences and permits granted under section 24 of the Royal Botanic Gardens Act 1991 are recognised in regulation 8(4)(b). That cross‑reference indicates that persons acting under such instruments may be lawfully present in areas otherwise closed to the public.

Property, tort and criminal law cross‑effects

• Removal and disposal of structures: The Board’s power to remove structures and dispose of them after a notification period (regulation 33) interacts with property law concepts and could raise questions under trespass or conversion doctrines if the Board’s processes are not followed. Regulation 33(5)-(8) sets a statutory process for notification and disposal.
• Interaction with criminal statutes: Weapons and firearm prohibitions are cross‑referenced, which situates certain Gardens offences within broader criminal law frameworks (regulation 5(g)-(j)). Prosecution of offences would be conducted under applicable statutory prosecution regimes and sentencing frameworks.

Operational interactions with Commonwealth regulation

• Use of RPAs and model aircraft: Civil Aviation Safety Regulations 1998 govern the operation of RPAs and model aircraft; the Gardens’ regulations add an overlay prohibiting those devices as “prohibited items” (regulation 5 and regulation 19). Operators must comply with CASA rules and with Board determinations which may further restrict such devices in Gardens airspace or on land.

Interpretation Act and ILA consequences

• The Endnotes note features of the Interpretation of Legislation Act 1984 that affect style, headings and examples (Endnotes). Headings and examples in the Statutory Rule form part of the Rule (Endnotes). That affects how the Regulations are read and the legal status of examples and headings contained in the instrument.

What is not in the Regulations but relevant

• Fee, permit processes and appeal mechanisms: The Regulations empower the Board to make determinations and require publication and signage in some cases, but they do not set out an application, fee schedule, statutory timeframe for decisions, or an internal review or appeal mechanism for determinations. Those processes, if any, are likely to be located in the Royal Botanic Gardens Act 1991 or in Board policy rather than in the Regulations.
• Enforcement cooperation with police: The Regulations empower authorised officers and the Board to remove items, direct persons to leave and require compliance, but they do not specify the involvement of police for enforcement of offences. Interaction with police powers would be governed by general law and by the scope of powers given to authorised officers under the Conservation, Forests and Lands Act 1987.

The textual record in the Regulations and accompanying Endnotes provides a concise amendment and creation history.

Revocation of prior regulations

• The Regulations expressly revoke the Royal Botanic Gardens Regulations 2014 (S.R. No. 170/2014) (regulation 4). No transitional provisions are included in the text of these Regulations, so practitioners should check whether any transitional arrangements were made under the Act or the Board’s policies when replacing the 2014 regulations.

Commencement and making date

• The Regulations were made on 15 October 2024 and came into operation on 18 October 2024 (Endnotes). Regulation 3 restates the commencement date as 18 October 2024.

Amendments recorded in the instrument

• The Table of Amendments in the Endnotes states there are no amendments made to the Royal Botanic Gardens Regulations 2024 by statutory rules, subordinate instruments or Acts (Endnotes, Table of Amendments). The version provided is Version No. 001 and is current as at 18 October 2024.

Sunset and periodic review

• The Endnotes record that the Regulations will sunset 10 years after making , specifically, the instrument will sunset 10 years after 15 October 2024 (that is, on or about 15 October 2034), in accordance with section 5 of the Subordinate Legislation Act 1994 (Endnotes). That creates a statutory review point unless the Regulations are remade or extended.

Penalty unit valuation and administrative updates

• The Explanatory details in the Endnotes set out the mechanism for converting penalty units to dollar amounts under the Sentencing Act 1991 and the Monetary Units Act 2004. For the financial year commencing 1 July 2024 the penalty unit value is stated to be $197.59; the value is to be fixed by the Treasurer for future years and published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year (Endnotes). Because penalty unit values change with each financial year, the practical dollar value of offences under these Regulations will vary over time without textual amendment to the Regulations themselves.

No subsequent subordinate amendments as at Version 001

• The instrument lists no amendments between its making and the current version number (Version No. 001). Practitioners should monitor the Board’s site and the Victorian legislation website for any subsequent statutory rules or amendments up to the sunset date.

Practical implications for future amendment

• Because the instrument delegates substantial discretion to the Board without prescribing application processes or fees, future amendments could add procedural safeguards, set out permit/fee templates, or alter the list of prohibited items. Any such amendments would themselves be made as subordinate instruments under s 51 of the enabling Act and would appear in the table of amendments.

The statutory text and Endnotes provide no record of litigation arising under these Regulations, and there is no case law cited in the instrument.

Source statements

• The Endnotes contain a table of amendments that explicitly states there are no amendments made to the Royal Botanic Gardens Regulations 2024 by statutory rules, subordinate instruments and Acts (Endnotes, Table of Amendments). No litigation history, judicial decisions or appeals are mentioned in the Explanatory details or elsewhere in the text.

What the absence of litigation in the instrument implies for practitioners

• The absence of reported litigation within the instrument does not mean that rights cannot be litigated; it simply records that the instrument itself carries no embedded list of cases. Potential legal challenges could nevertheless arise in future on administrative law grounds (for example, challenging the reasonableness of a Board determination, the adequacy of signage and publication, or procedural defects in the exercise of enforcement powers), or under human rights or discrimination statutes where determinations may impact disability rights (for example, application of animal prohibitions to assistance animals).
• Because the Regulations cross‑reference external statutes (for example on assistance animals, weapons, and authorised officers), contested questions may touch multiple statutory regimes and administrative processes outside the Regulations themselves.

Practical note for advisors

• In the absence of existing case law or litigation history recorded in the instrument, legal advice concerning likely outcomes of disputes will need to draw on general administrative law principles, the Royal Botanic Gardens Act 1991, relevant provisions of the referenced Acts (for example the Disability Discrimination Act 1992 and Control of Weapons Act 1990), and any Board policy or guidance on the exercise of its powers. Given there is no litigation history recorded in the instrument, counsel should be prepared to rely on general doctrine rather than Gardens‑specific precedents.

The Regulations create a number of areas where compliance traps and uncertainties can arise for visitors, businesses and contractors. This section highlights practical issues to watch for, grounded in the text.

Hidden reliance on Board determinations

• Many prohibitions are absolute unless the Board makes or has made a determination allowing the activity. A person can only climb a plant where the Board has determined the plant or class of plant may be climbed (regulation 11(1)-(2)). Similarly, the introduction of plants or pathogens requires a determination or must be authorised as part of an approved display or plant identification service provided by the Board (regulation 13(1)-(2)). The Board’s power to authorise prohibited items or activities is expressed as permissive (“may make a determination”), so absent a published determination a visitor will be subject to the default prohibition. The mitigation is the signage and publication rule (regulation 7(3)-(6)), but in practice determinations may be limited in scope or not immediately obvious to casual visitors if signage is small or placed only at main entrances.

Broad definition of “prohibited item”

• The prohibited item list includes commonly carried tools and remote‑controlled devices (regulation 5(f)-(e)). A landscaper carrying a trowel, a hobbyist with a radio‑controlled vehicle or an amateur drone operator could inadvertently breach regulation 19 unless they have a determination or Board approval. The instrument does not define a permit application process in the Regulations for these items.

Vehicle rules extend to bicycles and pedal vehicles

• The definition of “vehicle” explicitly includes bicycles and other pedal‑powered vehicles (regulation 5). Cyclists must therefore comply with determinations on speed, direction and areas where operation is restricted or prohibited (regulations 38-40). Users of prams, strollers and wheelchairs are excluded (regulation 5(c)-(d)), but the line between a large mobility device and a bicycle or personal transport device could create enforcement friction.

Commercial filming, photography and trade broadly prohibited

• Regulation 36 prohibits still photographs and image/film recording for commercial purposes in the Gardens. Regulation 35 prohibits carrying on a trade or business, including trades authorised under other Acts, within the Gardens. The text does not define “commercial purposes” or “trade or business” in detail; this ambiguity could capture activities like paid portrait photography, wedding photography, or social‑media content produced for sponsored posts. Practitioners should assume Board permission is required and treat these prohibitions as covering a wide range of otherwise ordinary activities.

Assistance animal exception interacts with other statutes

• Regulation 17(3) exempts assistance animals and assistance dogs from the ban on bringing animals into the Gardens, but the meaning is imported from federal and state Acts (regulation 17(4)). Compliance questions may hinge on whether an animal qualifies under those definitions and whether an assistance animal’s behaviour or access conflicts with other rules (for example avoiding damage to plant beds).

Exemptions for Crown servants and contractors

• Regulation 6 removes the application of the Regulations to persons acting as servants or agents of the Crown, under contract with the Crown, under direction or permission of Crown servants, or authorised officers acting in the course of their duties. That carve‑out can create complexity where private contractors are working on Board matters: whether a contractor falls within the carve‑out depends on the contractual and supervisory facts. Contractors should ensure they have written contractual authority and Board direction to avoid uncertainty over enforcement.

Procedural requirement before direction to leave

• Regulation 9(2) requires presentation of ID (authorised officer) or written authorisation (authorised person) and informing the person of the reason prior to directing a person to leave. Directions given without meeting these presentation requirements may be open to procedural challenge. Practitioners advising on enforcement or representing clients removed without seeing ID should assess compliance with regulation 9(2).

Structure removal and property disposal

• If a person erects a structure, the Board must give written direction and at least seven days to comply (regulation 33(2)). If the person fails to comply or is unknown, the Board may remove the structure and must attempt to notify the person; the structure can be disposed of after 28 days if unclaimed (regulation 33(4)-(8)). That creates a risk of property loss. The Regulations place the notification obligation on the Board but prescribe limited steps and timelines; property owners should take care to register contact details if they place any temporary structures.

Signage and publication obligations do not guarantee notice for all determinations

• The Regulations require signage “at or near the entrance” to the Gardens or area for specified determinations (regulation 7(3)-(4)), but do not prescribe minimum signage standards, languages, or confirmatory processes. Visitors could reasonably claim lack of effective notice if signage is not visible or if they entered via a location without clear signage.

Sound device removal and nuisance tests

• Regulation 28(1) prohibits operating sound devices at volumes likely to cause inconvenience, nuisance or disturb animals; the Director can cause the device to be removed (regulation 28(2)). The tests (“likely to cause inconvenience or nuisance”) are subjective and fact‑based; removals by the Director could be challenged on reasonableness in the absence of objective standards set in policy.

No statutory permit, fee or appeal process set in the Regulations

• While the Board may authorise activities by determination, the Regulations do not outline the permit application process, timelines, fees, or review rights. Practitioners need to locate those processes in Board policy, the Royal Botanic Gardens Act 1991, or contact the Board directly.

Penalty unit variability

• Monetary penalties convert via the Sentencing Act and the Monetary Units Act and are subject to annual adjustment. Practitioners must calculate fines using current penalty unit values published by the Treasurer; the Endnotes give the 2024-25 value of $197.59 (Endnotes).

This section gives a practical, compliance‑focused checklist and steps for different categories of actors based on the Regulations’ text. It focuses on actions grounded in the statutory requirements.

Visitors and members of the public

• Check opening hours and signage at entry points before entering. The Board must publish determinations on its Internet site and erect signs where specific determinations are made (regulations 7(3)-(6), 8(1)-(2)). Look for posted notices explaining closed areas and permitted activities.
• Do not enter gardens when closed or enter areas set aside as closed, unless the activity is an approved function or you are in an area subject to a valid lease, licence or permit under s 24 of the Act (regulation 8(2)-(4)).
• Do not climb plants unless the Board has made a determination permitting the class or particular plant to be climbed (regulation 11(1)-(2)).
• Respect garden beds: do not walk on beds, displays or plant collections (regulation 12).
• Do not bring plants, parts of plants or pathogens into the Gardens unless authorised , permitted exceptions include plant identification services provided by the Board, approved displays or Board determinations (regulation 13(2)).
• If you bring an animal, ensure it is allowed in the specified area by Board determination (regulation 17(1)-(2)). Assistance animals are exempt (regulation 17(3)-(4)), but keep faeces cleared and deposited in bins (regulation 18).
• Do not bring prohibited items without a specific determination allowing them (regulation 19(1)-(2)). This includes fireworks, laser pointers, poisons, fishing equipment, remote‑controlled devices and tools capable of damage (regulation 5(f)-(g)).
• Do not camp, erect structures, or occupy structures unless provided for by the Board; if you must erect a temporary structure, seek written Board approval and be ready to comply with removal directions (regulation 30-33).
• Avoid commercial activity, filming or photography for commercial purposes unless you have written Board approval (regulations 35-36).
• Comply immediately if an authorised officer or authorised person directs you to leave; they must show ID or written authorisation and inform you of the reason (regulation 9(2)-(3)).

Event organisers, commercial operators, filmmakers, photographers

• Do not assume authorisation from other licences. The Regulations prohibit carrying on a trade or business and commercial filming and photography unless a Board determination permits it (regulations 35-36). Seek express, written Board determinations and retain them.
• Where a proposal requires the temporary introduction of plants, structures or machinery, apply to the Board for a written determination. The Regulations make clear that certain introductions are lawful only with Board approval (regulation 13(1), regulation 33).
• Allow for lead time. The Regulations do not specify decision timelines; plan for permit application, publication and signage requirements and factor in possible Board conditions.
• Ensure contractors and crew possess written authorisations where relevant. If workers are to direct visitors or otherwise exercise enforcement functions under regulation 9, the Board must authorise them in writing (regulation 10(1)-(2)).

Contractors, landscapers and maintenance staff

• If working under contract with the Crown or as part of Board‑authorised works, ensure the contractual instrument or Board instruction is documented so that regulation 6’s exclusions apply where intended. Confirm in writing whether your activity is carried out “under and in accordance with a contract” with the Crown or a Crown agent (regulation 6).
• Do not bring tools that fall within the “prohibited item” description unless a Board determination permits their use (regulation 19(1)-(2), regulation 5(f)). Where possible, obtain a written determination that covers the class of tools you need to use and ensure it is displayed or carried on site.

Cyclists and vehicle operators

• Check whether the Board has made determinations about maximum speed, direction of travel and restricted areas (regulation 38(1)(a)-(b)). Follow posted speed limits and directional controls; contravention attracts 5 penalty units for speed or direction breaches (regulation 38(2)-(3)).
• Observe parking restrictions set by the Board; those restrictions attract penalties and may be enforced by removal or fines (regulations 39-40).

Organisations and individuals planning to bring animals

• Determine whether a class of animal is allowed into a specific area by a Board determination (regulation 17(1)). If in doubt, contact the Board for a written determination or confirmation.
• Assistance animals are exempt from the general prohibition (regulation 17(3)); ensure you can demonstrate the animal’s status under the Disability Discrimination Act 1992 or Equal Opportunity Act 2010 if required.

When directed to leave or when items are removed

• If an authorised officer or authorised person directs you to leave, ask to inspect the officer’s identification or the authorised person’s written authorisation, and ask for the officer to state the reason for the direction before leaving (regulation 9(2)).
• If the Board removes a structure you erected, respond promptly to the Board’s notification and collect the structure within 28 days to avoid disposal (regulation 33(5)-(8)).

Record keeping and evidence

• Keep copies of any Board determinations, written approvals, licenses and written authorisations. Where a determination is published on the Board’s website (as required for specified determinations, regulation 7(5)-(6)), save or print an archived copy at the time of the activity to guard against later disputes about what was published.
• Retain contract documents if you are working under contract with the Crown or a Crown agent, to evidence regulation 6 carve‑outs.

Calculating fines and financial exposure

• When advising clients about potential monetary exposure, convert penalty units using the current value published by the Treasurer under the Monetary Units Act 2004 and the Sentencing Act 1991. For 2024-25 the Endnotes give the penalty unit value as $197.59 (Endnotes). Advise clients that penalties change annually with the Treasurer’s determination.

Engaging the Board

• For activities requiring authorisation, contact the Board early and request written determinative authority. The Regulations do not establish an application form, fees or timelines; obtain those details from the Board’s website or administrative office.
• If an activity is time‑sensitive (for example commercial filming or an event), document and confirm any oral communications with the Board in writing and request written confirmation of approval or exemption.

Legal risk management

• Consider cross‑checking with other relevant statutes referenced in the Regulations (e.g., weapons and firearm laws, Civil Aviation Safety Regulations for drone operations, Disability Discrimination Act 1992 for assistance animals) to ensure compliance across frameworks.
• If enforcement action occurs (direction to leave, removal of items or structures, issuance of fines), obtain particulars in writing and seek legal advice promptly. Procedural defects (for example, direction without presentation of ID or written authorisation) may be relevant to contesting enforcement.

Practical checklists for common scenarios

• Visiting with a dog or pet: confirm whether the animal is permitted by a current Board determination for the area; if the animal is an assistance animal, retain proof of status and clear up faeces (regulations 17, 18).
• Film or commercial shoot: do not proceed without written Board permission; avoid assuming social‑media monetisation falls outside “commercial purposes” (regulation 36).
• Landscaping works: apply for a determination permitting the necessary tools and the introduction or removal of soil/gravel; confirm whether you are acting under a Crown contract that removes the application of offences (regulations 5(f), 19, 6).
• Erecting a temporary display or stall: treat the activity as carrying on a trade or business unless you have Board permission (regulation 35); seek written determinations and comply with any conditions.

Following these steps will reduce exposure to monetary penalties and the risk of seizure, removal or disposal of property under the Regulations. Where uncertainty remains, seek written confirmation from the Board and retain records of all permissions and determinations.