24Temporary closure of recreational area

24 Temporary closure of recreational area

(1) The managing Authority for a recreational area may determine to close the recreational area, or part of that recreational area, temporarily to the public.

(2) The managing Authority for a recreational area must not make a temporary closure determination unless the managing Authority is satisfied that the determination is necessary for any of the following reasons—

(a) a flood, a fire, a natural disaster or any other emergency is occurring or is anticipated to occur in the recreational area;

(b) to protect or maintain water quality in any waterway in the recreational area;

(c) to carry out maintenance or other works on infrastructure in the recreational area;

(d) to prevent or mitigate any risk to public health or safety in the recreational area, including if—

(i) a state of emergency is declared under section 198 of the Public Health and Wellbeing Act 2008; or

(ii) a pandemic declaration is made under section 165AB of the Public Health and Wellbeing Act 2008; or

(iii) there is a hazard in the recreational area;

(e) for the preservation, protection or management of any of the following within the recreational area—

(i) environmental features;

(ii) historical features;

(iii) Aboriginal cultural heritage;

(iv) Aboriginal intangible heritage.

(3) In making a temporary closure determination for the reasons referred to in subregulation (2)(d), the managing Authority for a recreational area must have regard to—

(a) any direction of an authorised officer under section 165B, 165BA, 190 or 200 of the Public Health and Wellbeing Act 2008 that the managing Authority considers relevant to protecting public health in the recreational area; and

(b) any recommendation made by, or current advice of, the Chief Health Officer, the Department of Health or the Minister responsible for the administration of the Public Health and Wellbeing Act 2008 that the managing Authority considers relevant to any serious risk to public health in the recreational area; and

(c) any other matter that the managing Authority considers relevant.