71By-laws

71 By-laws (1) Subject to subsection (1A), the Commission may make by-laws, not inconsistent with this Act or the regulations, prescribing all matters required or permitted by this Act to be prescribed by by-laws or necessary or convenient to be so prescribed for carrying out or giving effect to the functions and powers of the Commission. (1A) The Commission shall not make a by-law under this section relating to operations for the recovery or processing of minerals in a park or reserve or a sanctuary, other than fossicking, and no by-laws made by the Commission shall be construed so as to limit the rights or activities of the holder of a mining interest, or his workmen, servants or agents, in relation to land comprising the whole or a part of a park or reserve or sanctuary in pursuance of that mining (2) Without limiting the generality of subsection (1) but subject to subsection (1A), by-laws may be made: (a) providing for the prohibition or the regulation of fishing in parks or on reserves or part of parks or reserves; Territory Parks and Wildlife Conservation Act 1976 74 (b) providing for the prohibition of the use of firearms in parks or (c) providing for the prohibition of the setting of traps in parks or (d) providing for the requiring of persons, upon entering parks or reserves, to declare all items of fishing equipment, firearms, ammunition and traps in their possession; (e) providing for the prohibition or the regulation of the carrying of fishing equipment, firearms, ammunition and traps in parks or (f) providing for the seizing of fishing equipment, firearms, ammunition and traps reasonably suspected of being carried or used in contravention of a by-law; (g) regulating or prohibiting the pollution of water in a manner harmful to wildlife in parks, reserves or wilderness areas; (h) providing for the protection and preservation of parks and reserves and property and things in parks and reserves; (i) providing opening times and closing times for parks and reserves; (j) regulating or prohibiting access to the whole or part of a park or reserve by persons or classes of persons; (k) providing for the removal from parks and reserves of persons who are believed on reasonable grounds to be trespassers or to have contravened or failed to comply with this Act or a by-law; (l) regulating or prohibiting camping in parks and reserves; (m) providing for the safety of persons in parks and reserves; (n) regulating or prohibiting the use of fire in parks and reserves; (o) regulating the conduct of persons in parks and reserves; (p) providing for the prevention or control of nuisances in parks and reserves and of the fouling of water in parks and reserves; (q) regulating or prohibiting the carrying on of any trade or commerce in a park or reserve; Territory Parks and Wildlife Conservation Act 1976 75 (r) providing for fees and charges to be imposed by the Commission upon persons entering, camping in or using a park or reserve or part of a park or reserve or using services or facilities provided by the Commission in or in connection with a park or reserve; (s) regulating or prohibiting the use of vehicles in parks and reserves and providing for signs and road markings for those purposes; (t) regulating or prohibiting, and providing for the imposition and collection of charges for: (i) the parking or stopping of vehicles; (ii) the mooring of vessels; (iii) the landing of aircraft; and (iv) the use of vehicles and vessels, in parks and reserves; (u) providing for the removal of vehicles, aircraft or vessels from places in parks and reserves where they have been left in contravention of the by-laws or have been abandoned and for the impounding of such vehicles, aircraft or vessels; (v) making provision to the effect that, where a contravention of a provision of the by-laws relating to the parking or stopping of vehicles in a park or reserve occurs in respect of a motor vehicle, the person who is to be regarded as the owner of the motor vehicle for the purposes of the by-laws (who may, in accordance with the by-laws, be or include a person in whose name the motor vehicle is registered under the law of the Territory) is to be, except as provided otherwise, deemed to have committed an offence against the provision so contravened, whether or not he in fact contravened that provision; (x) regulating or prohibiting the use of vessels in, and the passage of vessels through, parks and reserves and the landing and use of aircraft in, and the flying of aircraft over, parks and reserves; (y) regulating or prohibiting the taking of animals or plants into, or out of, parks and reserves and providing for the control of animals in parks and reserves; (z) providing for the impounding, removal, destruction or disposal of animals found straying in parks and reserves; Territory Parks and Wildlife Conservation Act 1976 76 (za) regulating or prohibiting the taking into parks and reserves, and the use in parks and reserves, of weapons, traps, nets, snares, fishing apparatus and other devices; (zb) regulating or prohibiting the laying of baits and the use of explosives and poisons in parks and reserves; (zc) providing for the collection of specimens and the pursuit of research in parks and reserves for scientific purposes; (zca) providing for fossicking in parks and reserves; and (zd) providing for any matter incidental to or connected with any of the foregoing. (3) A provision of the by-laws regulating or prohibiting the flying of aircraft over a park or reserve does not have any force or effect to the extent to which it is inconsistent with a law of Australia, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law if it can be complied with without contravention of that law. (4) The power to make by-laws conferred by this Act may be exercised: (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different cases or classes of case. (5) The power to make by-laws conferred by this Act shall not be taken, by implication to exclude the power to make provision for or in relation to a matter by reason only of the fact that: (a) a provision is made by this Act in relation to that matter or another matter; or (b) power is expressly conferred by this Act to make provision by by-laws for or in relation to another matter. (6) The by-laws may provide, in respect of an offence against the by-laws, for the following: (a) a maximum penalty of, or of not more than an amount equal to, 40 penalty units; Territory Parks and Wildlife Conservation Act 1976 77 (b) a maximum penalty of, or of not more than an amount equal to, 8 penalty units for each day during which the offence continues. (6A) The by-laws may, for an offence against the by-laws, provide for the (a) the offence to be a regulatory offence; (b) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for the offence, the service of a notice relating to payment of the amount on a person alleged to have committed the offence and the particulars to be included in the notice. (7) The limitation imposed by subsection (6) on the penalties that may be prescribed by the by-laws does not prevent the by-laws from requiring a person to make a statutory declaration. (8) In this section park or reserve shall be taken to include, and to have always included, land the care, control and management of which (however described), by or under this or any other Act (including by agreement with the owner of the land), lies with the