Water Industry (Reservoir Parks Land) Regulations 2024

Reservoir parks land. The regulations do not define this term directly, but it must be land under the management of the water industry, likely owned or controlled by water corporations and designated as parks. The only specifically delineated park in the regulations is the Upper Yarra Reservoir Park, defined by reference to a plan lodged in the Central Plan Office (plan number LEGL./11-099) with an excluded area.

Specified campsite. This means a campsite that is both on reservoir parks land and within a campground provided and managed by Parks Victoria. The definition ties the location to Parks Victoria-managed campgrounds only; camping outside such designated areas is prohibited under regulation 6(1) (subject to a penalty of 10 penalty units). The practical effect is that dispersed or backcountry camping on reservoir parks land that does not fall within a Parks Victoria campground is forbidden.

Seasons (peak, shoulder, off-peak). These terms determine the applicable camping fee in Upper Yarra Reservoir Park. Off-peak season is 1 May to 31 October each year, excluding any days that are part of peak or shoulder season. Peak season includes Friday and Saturday nights from the last Friday in October to end of February; the nights before Melbourne Cup Day, Labour Day, and certain ANZAC Day nights (depending on day of week); and the periods between school terms (as defined under the Education and Training Reform Act 2006). Shoulder season is 1 November to 30 April (excluding peak season days) and the gap between school terms three and four. This creates a three-tier pricing structure.

Eligible person. Defined by cross-reference to section 3 of the State Concessions Act 2004, this is the category that attracts a discounted fee (lower fee units per night). The fee difference is modest: peak season eligible fee is 1.85 fee units versus 2.06 for others. Off-peak rates are 1.67 (eligible) and 1.85 (other). Shoulder season 1.76 and 1.96.

Fee units and penalty units. Both are referenced to the Monetary Units Act 2004. The explanatory details in the endnotes give the 2024-25 values: fee unit $16.33; penalty unit $197.59. These values are indexed annually by the Treasurer and published in the Government Gazette and a newspaper. The regulations do not set dollar amounts but rather fixed unit numbers, meaning the actual dollar cost will inflate automatically each financial year. This is a standard Victorian subordinate legislation technique that shifts the cost of future nominal increases to the legislature’s annual indexation decisions rather than requiring amendment of the regulations.

Traditional owner group agreement and agreed activity. Defined via the Traditional Owner Settlement Act 2010. The exemption in regulation 5 only applies if a traditional owner group entity has entered into a traditional owner group agreement that applies to reservoir parks land, and the member carrying out the activity is bound by that agreement and is performing an agreed activity. The exemption covers the fee requirement (regulation 7) and the fire restriction (regulation 10) if the fire is for cultural activities. Note: the fire exemption is not blanket; it only applies if the activity is an agreed activity under the agreement.

Fire declaration. Defined by reference to declarations under section 4 or section 40 of the Country Fire Authority Act 1958. During a fire declaration, regulations 10(1) and 10(2) (the general permission to light fires in barbecues and fireplaces) do not apply. The note directs to Part III of the CFA Act, which imposes its own restrictions. This is likely a drafting mechanism to avoid conflict with CFA-ordered total fire bans, but it produces a counterintuitive effect: normally the regulation prohibits lighting fires except in barbecues/fireplaces; during a fire declaration that prohibition is lifted, but the CFA Act independently prohibits all fires. A user who reads only these regulations might mistakenly think a fire is allowed during a fire declaration in a fireplace; in reality, the CFA Act would prohibit it. This interaction is a compliance trap.

The regulations affect any person who enters or uses reservoir parks land in Victoria. The most direct impact is on campers: anyone who camps in such parks must comply with the siting, duration, occupancy, and fee rules. The fee requirement applies specifically to overnight camping in a specified campsite within Upper Yarra Reservoir Park; other reservoir parks may have different fee arrangements or none under these regulations (though separate instruments or park-specific rules may apply). The maximum of six persons per overnight booking (regulation 6(3)) affects group campers; the restriction does not limit day use or non-camping visits but does constrain group camping capacity. The 30 consecutive night limit (regulation 6(2)) affects longer-stay campers, which may include seasonal workers or tourists.

Parks Victoria is affected as the manager of campgrounds: it receives the fees and must provide and manage the specified campsites. It also faces enforcement obligations (though the penalty provisions are directed at users, not Parks Victoria).

Traditional owner group members are affected but given a partial exemption. If a traditional owner group entity has entered into a traditional owner group agreement covering the reservoir parks land, members bound by that agreement are not required to pay camping fees for specified campsites in Upper Yarra Reservoir Park, and are not subject to the fire restrictions (regulation 10) when lighting or maintaining a fire for cultural activities. This exemption is narrow: it only applies to agreed activities under the agreement. Non-agreed cultural activities or other uses remain fully regulated.

Authorised officers and police officers have a specific power under regulation 11(2) to require a person who has lit, kindled, maintained, used, or is in charge of a fire to extinguish it immediately. Failure to comply carries a 20 penalty unit penalty. This gives enforcement personnel a direct, summary power.

Eligible persons (concession holders under the State Concessions Act 2004) benefit from lower fees for camping in Upper Yarra Reservoir Park. The discount is small (approximately 10-12% in fee unit terms).

The regulations also affect users through hygiene and environmental obligations. Any person using soap, detergent, or similar substance on reservoir parks land must dispose of it in provided facilities or at least 50 metres from any waterway and 50 metres landward of the full supply level of any water storage (regulation 8). Similarly, any person must not deposit or leave behind faeces except in provided toilets or by burial at least 100 metres from any waterway and 100 metres landward of the full supply level (regulation 9). These rules apply to all users, not just campers.

Duties. A person must not camp on reservoir parks land other than in a specified campsite (regulation 6(1)). A person must not camp in a specified campsite for more than 30 consecutive nights (regulation 6(2)). A person who makes an overnight booking must not allow more than 6 persons to camp overnight in the campsite (regulation 6(3)). A person must not camp overnight in a specified campsite in Upper Yarra Reservoir Park unless the applicable fee has been paid to Parks Victoria (regulation 7(1)). The fee amounts are specified in regulation 7(2) in fee units, varying by season and eligibility. A person who uses soap, detergent, or similar substance must dispose of it only in a provided facility or at least 50 metres from any waterway and 50 metres landward of the full supply level (regulation 8). A person must not deposit or leave behind faeces on reservoir parks land except in provided toilets (when in an area where they are provided and readily available) or by burial at least 100 metres from any waterway and 100 metres landward of the full supply level (regulation 9). A person must not light or maintain a fire except in a barbecue with intended fuel or in a fireplace (regulation 10(1)). A person who lights or maintains a fire must ensure it is contained in the barbecue or fireplace (regulation 10(2)). A person who lights, kindles, maintains, or uses a fire must not leave it unless the fire is completely extinguished or another person with the capacity and means to extinguish it remains (regulation 11(1)). A person must extinguish a fire immediately when requested to do so by an authorised officer or police officer (regulation 11(2)). The duties under regulations 10(1) and 10(2) do not apply in areas subject to a fire declaration; however, the CFA Act will independently regulate fires in those areas.

Rights and exemptions. The regulations grant no general right to access reservoir parks land; they impose duties on those who do. However, there is a limited right to camp in specified campsites if the person complies with the occupancy limits and, for Upper Yarra, pays the fee. Traditional owner group members have a right to exemption from fee and fire restrictions when carrying out agreed activities under a relevant traditional owner group agreement (regulation 5). This is not a free-standing right but a carveout from the prohibitions. There is no explicit right to be free from arbitrary enforcement, but penalties require a breach of a duty.

Penalties are set in penalty units, with current value (2024-25) of $197.59 per unit. The penalty amounts are: 20 penalty units for fire-related offences (lighting or maintaining a fire outside permitted means, failure to contain, leaving fire unattended, failure to extinguish on request). That is up to $3,951.80 per offence. Camping outside a specified campsite, exceeding 30 nights, improper disposal of soap/detergent, and improper disposal of faeces each carry 10 penalty units (up to $1,975.90). Allowing more than 6 persons to camp in a booked campsite and camping without paying the fee each carry 5 penalty units (up to $987.95). The regulations do not specify a separate enforcement authority, but the power to direct extinguishment is given to authorised officers (undefined in these regulations but likely officers under the Water Industry Act or Parks Victoria Act) and police officers. The penalty regime relies on the general law: the person charged must be shown to have committed the actus reus. The regulations do not provide for infringement notices (on-the-spot fines) but nothing prevents the enforcement body from issuing them under separate enabling provisions if available. Compliance costs: a camper who fails to pay the fee faces up to a $987.95 fine, which is substantially higher than the fee itself (peak season fee for non-eligible is 2.06 fee units = approximately $33.64). This creates a meaningful deterrent to fee evasion. The penalty for an unauthorised fire is much higher ($3,951.80) reflecting the environmental and safety risks. The maximum total exposure for a single night’s camping breach could be multiple penalties if the person also lit an unauthorised fire and improperly disposed of waste.

The regulations are made under the Water Industry Act 1994, which governs water corporations and their land. They interact with a web of other legislation. Traditional Owner Settlement Act 2010 is central to the exemption in regulation 5; the definitions of traditional owner group, agreement, and agreed activity are imported from that Act. Parks Victoria Act 2018 is relevant because specified campsites are those within campgrounds provided and managed by Parks Victoria; Parks Victoria’s own powers and rules (e.g., park entry fees, other use restrictions) apply in addition to these regulations. Country Fire Authority Act 1958 is directly incorporated via the definition of fire declaration and regulation 10(3). During a fire declaration, the permissive exceptions in regulations 10(1) and (2) do not apply, meaning the CFA Act’s restrictions take primacy. Users may also be subject to local CFA fire danger period restrictions and total fire bans. Monetary Units Act 2004 governs the conversion of fee units and penalty units to dollar amounts, with annual indexation determined by the Treasurer. Sentencing Act 1991 section 110 defines penalty units, and the regulations explicitly reference it to enable consistent calculation. State Concessions Act 2004 defines eligible person, incorporating its means-tested concession criteria. Public Holidays Act 1993 defines ANZAC Day, Labour Day, and Melbourne Cup Day for the purpose of determining peak season days. Education and Training Reform Act 2006 defines school terms, which are used to define certain peak and shoulder season periods. Subordinate Legislation Act 1994 requires this instrument to sunset after 10 years (regulation 6 of that Act). The regulations do not purport to override any other laws; they operate side by side with the general criminal law (e.g., littering offences, pollution laws) and with local government by-laws where reservoir parks land may be subject to multiple layers of regulation. Users should also consider the Water Act 1989, which may impose separate restrictions on activities near waterways, and the Conservation, Forests and Lands Act 1987 which governs public land generally. The regulations do not create a right to exclusive possession; the land remains under the control of the water corporation or Parks Victoria.

The Table of Amendments in the regulations states that there are no amendments made to the Water Industry (Reservoir Parks Land) Regulations 2024 by statutory rules, subordinate instruments, or Acts. The instrument as at 18 December 2024 is Version No. 001, the original version. This is a new instrument that replaced earlier reservoir parks land regulations (likely the previous iterations under the same Water Industry Act, but the earlier version is not cited). The regulations will remain unamended until any future statutory rule amends them. Because the sunset date is 17 December 2034, the regulations have a fixed 10-year life. Any amendment before that date would be a separate statutory rule and would appear in a future Table of Amendments.

No litigation is recorded in the regulation text, and as at the date of writing, the instrument came into operation on 18 December 2024, less than one month before this analysis (assuming mid‑January 2025). There can be no reported case law interpreting its provisions. The earlier regulations under the same enabling power may have generated case law, but the user did not provide that history, and this analysis is grounded solely in the source. Expected areas of future litigation could include interpretation of “agreed activity” under the Traditional Owner Settlement Act 2010, the interaction with CFA Act fire declarations, the definition of “specified campsite” (e.g., whether a particular area is within a campground provided and managed by Parks Victoria), and the application of the maximum occupancy limit to groups that split across multiple bookings. The narrow scope of the regulations suggests litigation is likely to be occasional and fact-specific.

Several traps exist for users and advisors. First, the definition of camp in regulation 4 is very broad: it includes erecting, occupying, or using a tent, tarpaulin, or similar temporary structure; occupying or using a swag or sleeping bag; occupying or using a vehicle, vessel, or other moveable form of shelter. Even sleeping in a vehicle or under a tarp counts as camping, triggering the siting and duration rules. Sleeping in a vehicle in a campground without a booking could be an offence if outside a specified campsite or without paying the fee.

Second, the fire declaration interaction is dangerously counterintuitive. Regulation 10(3) says subregulations (1) and (2) do not apply during a fire declaration. A reader might conclude that during a total fire ban, the restrictions on where you can light a fire are removed, meaning you could light a fire anywhere. In reality, the CFA Act’s own prohibitions on lighting fires during a fire danger period or total fire ban will still apply and carry separate penalties. The note to regulation 10 points to Part III of the CFA Act, but the user must actively consult that Act. This creates a risk that a camper relies solely on these regulations and lights a fire in a fireplace during a fire declaration, only to be prosecuted under the CFA Act.

Third, the 30 consecutive night limit is per campsite, not per park. A person who moves from one specified campsite to another within the same park may be able to avoid the limit, but the regulation says “must not camp in a specified campsite for more than 30 consecutive nights.” It does not aggregate across different campsites. However, if the move is a contrivance to avoid the limit, enforcement authorities could argue it is still a single stay. The risk is that planning enforcement is inconsistent.

Fourth, the maximum 6 persons per booking applies to the person who makes the booking. The penalty is on that person (5 penalty units). It does not directly penalise the other five persons if the booking person exceeds the limit, but they could be liable for aiding and abetting or for camping without authorisation under regulation 6(1) if the campsite is not a lawful specified campsite for that number.

Fifth, the fee is per booking for up to 6 persons. There is no provision for extra persons beyond 6; the only option is to make multiple bookings for separate campsites. But the 6-person limit is per booking, not per campsite? The regulation 6(3) says “must not allow more than 6 persons to camp overnight in the campsite.” It is tied to the booking, not the physical site. So if two separate bookings are made for the same campsite (unlikely under Parks Victoria’s systems), the limit still applies per booking.

Sixth, the soap and faeces disposal rules require distance measurements from waterways and from the full supply level of water storages. The full supply level is a line; the regulation requires measuring landward from that line. The distances are 50 metres for soap, 100 metres for faeces. These distances are not arbitrary but reflect water quality protection for reservoirs. A user who buries faeces 99 metres from a waterway is in breach, even if the burial is thorough.

Seventh, the traditional owner exemption is narrow. It only applies if a traditional owner group agreement exists that applies to the specific reservoir parks land, and the member is carrying out an agreed activity under that agreement. Not all traditional owner group members are exempt at all times. The fire exemption is further limited to fires for “purposes of undertaking cultural activities.” A traditional owner who lights a fire for a non-cultural purpose (e.g., cooking a non-traditional meal) is subject to regulation 10. The burden of proving the exemption will fall on the member if challenged.

Eighth, the fee is not fixed in dollars but in fee units. The explanatory details warn that the fee unit value changes each financial year. A user who books in June and camps in July may face a different dollar amount. The regulation 7 sets the fee units; the dollar amount is determined at the time of payment by reference to the current value. This creates uncertainty for upfront pricing.

For a person planning to camp on reservoir parks land, compliance requires several steps.

1. Identify the land. Confirm that the area is reservoir parks land and not other public land. If it is the Upper Yarra Reservoir Park, the fee regime applies. For other reservoir parks, check if they have specified campsites under Parks Victoria management.

2. Use only designated campsites. Do not camp anywhere except in a specified campsite within a Parks Victoria-managed campground. This means no dispersed camping, no roadside camping, no camping in non-designated areas even if they appear suitable.

3. Book and pay. For Upper Yarra Reservoir Park, make an overnight booking with Parks Victoria and pay the applicable fee before camping. The fee depends on season (check the official seasonal calendar published by Parks Victoria or the Department of Education for school term dates; also check Public Holidays dates for ANZAC Day, Labour Day, Melbourne Cup Day). Determine if you are an eligible person (concession holder). Pay the correct fee in the correct season.

4. Limit occupancy and duration. Do not allow more than 6 persons to camp overnight in the booked campsite. Do not camp for more than 30 consecutive nights in the same specified campsite.

5. Manage hygiene and waste. Use only provided toilet, shower, and waste disposal facilities where available. If using soap or detergent, ensure disposal is in such facilities or at least 50 metres from any waterway and 50 metres landward of the full supply level. For faeces, if toilets are available and readily accessible, use them. If not, bury faeces at least 100 metres from any waterway and 100 metres landward of the full supply level.

6. Control fires. Only light or maintain a fire in a barbecue that is stable and using its intended fuel, or in a constructed fireplace. Ensure the fire is contained within the barbecue or fireplace. Check whether a fire declaration is in force for the area: if so, these regulations do not prohibit a fire in a fireplace, but the Country Fire Authority Act 1958 likely does. The safest approach: never light any outdoor fire during a fire danger period or total fire ban. If you do light a fire, never leave it unattended unless it is completely extinguished or another responsible person remains. If an authorised officer or police officer directs you to extinguish a fire, do so immediately.

7. Traditional owner groups. If you are a member of a traditional owner group and wish to rely on the exemption, first confirm that a traditional owner group agreement covers the specific reservoir parks land you intend to use. Ensure the activity is an agreed activity under that agreement. For fire, ensure the fire is for cultural activities. Keep written evidence of the agreement and the agreed activity.

8. Keep records. Retain booking confirmations, receipts for fee payments, and any permits or agreements. In a dispute, the burden will likely be on the user to show compliance or exemption.

9. Monitor fee unit values. The dollar amount of fees and penalties changes each financial year. Check the current value published in the Government Gazette before paying or assessing risk.

10. Review annual seasonal definitions. Because school term dates and public holidays vary, the peak and shoulder season may shift year to year. Obtain the current schedule from Parks Victoria or the relevant government department before planning a trip that straddles season boundaries.