The regulation defines several key terms in section 3. “Zoological park land” means land vested in or held by the Board on which a zoological park is established or maintained. This is the physical domain to which all the rules apply. “Director” means the Director of the Board, and “member of staff” includes the Director and any employee of the Board. “Vegetation” is defined exhaustively to include trees, shrubs, ferns, creepers, vines, palms, plants, flowers, herbage or other vegetative cover. Notably, the term “animal” is not defined in the regulation itself, leaving its meaning to the Act or the Interpretation Act 1987. The regulation also introduces operational concepts such as “visitors’ entrance” (section 5), which the Board may designate by notice, and “designated road” (section 19), which the Board may designate for driving or parking vehicles. The concept of “shared vehicle” (section 21) includes Board-operated conveyances such as the Sky Safari cable car and Pride Lands Patrol truck. A further concept of “entertainment” is defined broadly in section 14(2) to include amusement, event, promotion, instruction and performance, making it possible for the Board to treat almost any organised activity as commercial or public. The regulation does not define “public meeting”, “promotional material”, “reasonable direction”, or “indecent or offensive way” in section 22, leaving those terms to ordinary meaning or judicial interpretation. The savings provision in section 25 preserves acts, matters and things that had effect under the repealed 2019 regulation, so existing booking arrangements, signs, and approvals remain valid without re-issue. The structure of the regulation is divided into five parts: preliminary, entry to zoological park land, conduct on zoological park land, vehicles, and miscellaneous. Each offence provision references the specific head of power in the Act (section 30(2) and its subparagraphs) under which the regulation is made, making the legislative chain explicit.

The regulation directly affects every person who enters any zoological park land in New South Wales, including day visitors, annual pass holders, school groups, commercial tour operators, event organisers, photographers, drone operators, street performers, and anyone who seeks to conduct a public activity on the premises. It also affects employees and contractors of the Board, who are exempt from most offences when acting in the course of their employment (section 24). The compliance burden falls asymmetrically on visitors rather than on the Board itself. For ordinary visitors, the regulation imposes duties to pay fees, use only designated entrances, avoid prohibited items (animals, drones, balloons, liquor, scooters, rollerblades, and any part of an animal or vegetation deemed a threat), and avoid a long list of conduct restrictions. This creates a compliance cost in terms of both awareness and behavioural change. For businesses and commercial operators, the regulation imposes a more significant burden. Section 14 prohibits selling or hiring goods or services, using audio equipment, broadcasting equipment, or a camera for a commercial purpose, displaying or distributing promotional material, and holding or addressing a public meeting, function, demonstration, or other public activity without Board authorisation. This effectively gives the Board a monopoly over commercial activity on its land and requires all commercial actors to seek prior consent. The Board has no obligation to grant such consent, and the regulation provides no criteria or appeal mechanism if consent is refused. For drone operators, section 7(d) prohibits bringing a motorised remotely piloted aircraft onto the land, and section 15(b) prohibits operating one there. This affects recreational and commercial drone users alike. For vehicle owners, the regulation requires payment of parking charges, restricts driving and parking to designated roads only, and empowers the Board to direct removal of unlawfully parked vehicles. For persons who are intoxicated, behave indecently, or contravene any provision, the Board can direct them to leave and physically remove them if they refuse (section 22). The regulation also affects those who wish to fish from the Taronga “Pump” Wharf, which is absolutely prohibited (section 16). Overall, the regulation creates a tightly controlled environment with few carve-outs and broad Board discretion.

The regulation imposes a dense set of duties on persons present on zoological park land. The primary duties are: pay the applicable entrance fee (section 4(2)), enter only through a designated visitors’ entrance (section 5(2)), not enter or remain on closed land if the person knows it is closed (section 6(3)), and not bring prohibited items onto the land (section 7). On the land, persons must not obstruct a Board member of staff exercising functions (section 8), must comply with reasonable directions given by the Board (section 9), must not create excessive noise likely to disturb persons or animals, and must not operate a loudspeaker or public address system (section 10). The regulation prohibits damage to or removal of vegetation, dead timber, logs, stumps, rocks, soil, sand or stone; leaving rubbish except in bins; damaging notices or improvements; lighting fires (section 11); feeding, interfering with, capturing, injuring or destroying animals; opening, entering or damaging animal enclosures, holding areas or other containment structures (section 12). Camping or residing on the land is prohibited, as is erecting or occupying a tent, screen, awning, enclosure or similar thing (section 13). Commercial and public activities are broadly prohibited unless authorised (section 14). Other duties include not using scooters, skateboards, rollerskates, rollerblades or similar devices; not operating drones; not climbing structures; not throwing objects; not bathing, wading, washing or swimming in water features (section 15); not mooring vessels to or fishing from the Taronga “Pump” Wharf (section 16); paying parking charges (section 17); complying with vehicle notices, barriers and directions (section 18); driving and parking only on designated roads (section 19); removing vehicles when directed (section 20); paying for and not interfering with shared vehicles or the comfort of others (section 21); and leaving the land when directed for contravening the regulation, being apparently intoxicated, or behaving indecently or offensively (section 22). The regulation provides no corresponding rights to visitors. There is no right to enter without paying a fee determined by the Board, no right to use facilities, no right to engage in any activity unless the Board consents, and no right to a refund if the land is closed. The Board’s rights are extensive: it may set any fee for any reason, designate entrances, close land by notice or barrier (including online notice), give “reasonable directions” (not defined), require removal of vehicles and persons, and authorise or exempt certain activities. The Board may also delegate the exercise of all these functions to the Director or any authorised staff member (section 23). The savings provision (section 25) ensures continuity of existing administrative actions.

Every offence in the regulation carries a maximum penalty of one penalty unit, which under the Crimes (Sentencing Procedure) Act 1999 is currently $110. This uniform penalty applies to all offences, from failing to pay an entrance fee (section 4(2)) to interfering with a shared vehicle (section 21(2)). There is no escalation for repeat offences, no corporate penalty multiplier, and no provision for infringement notices or on-the-spot fines. The low penalty amount raises questions about deterrence. For a commercial operator who might earn significant revenue from filming or selling goods on zoo land without authorisation, a $110 maximum penalty is unlikely to outweigh the potential profit. The regulation therefore relies heavily on the Board’s ability to remove persons and vehicles rather than monetary sanctions. Enforcement powers are administrative: the Board may direct a person to leave (section 22), and if the person fails to comply, the Board may remove them physically (section 22(3)). Similarly, the Board may direct removal of unlawfully parked vehicles (section 20). There is no power to seize property or impose banning orders, though the practical effect of removal may achieve a similar result. Most offences are strict liability; they do not require proof of intention or knowledge, except where specific mental elements appear. For example, entering closed land requires that the person “knows the land is closed” (section 6(3)), and a person is taken to know if they pass a notice or barrier (section 6(5)). However, other offences such as bringing prohibited items (section 7) have no fault element. The maximum penalty of one penalty unit is low compared to equivalent provisions in national park regulations, which often carry penalties of 5 to 10 penalty units. This may reflect an assessment that the Board prefers administrative removal over court enforcement, or it may simply be an oversight in the drafting. Enforcement is likely to be by Board staff exercising delegated functions under section 23, and they are themselves exempt from liability when acting in the course of employment (section 24). The regulation does not provide for review of directions or removal decisions, leaving visitors without an obvious internal merits review path.

The Zoological Parks Regulation 2025 is made under section 30(2) of the Zoological Parks Board Act 1973, and each specific provision references the particular paragraph of that section that authorises it. The Act itself remains the primary source of the Board’s powers; the regulation merely fills in the detail. The regulation explicitly interacts with the Liquor Act 2007 by prohibiting the bringing of liquor onto zoological park land as defined in that Act (section 7(f)). This means that the Liquor Act’s provisions regarding supply, consumption, and licensing still apply, but the regulation creates an additional prohibition on bringing it onto the land. The regulation also interacts with the Subordinate Legislation Act 1989, which mandates the repeal of the 2019 regulation on 1 September 2025 and the commencement of the new one. The savings provision (section 25) ensures that actions taken under the old regulation continue to have effect under the new one, so there is no gap in enforcement. The regulation does not purport to override other environmental or planning legislation. For example, the removal of vegetation or disturbance of soil on zoological park land may still require approval under the Biodiversity Conservation Act 2016 or the Environmental Planning and Assessment Act 1979 if those laws apply, but the regulation does not address that interaction. Similarly, the prohibition on feeding animals (section 12(a)) may intersect with animal welfare laws under the Prevention of Cruelty to Animals Act 1979, but no cross-reference is made. The regulation’s broad prohibition on public meetings and demonstrations (section 14(1)(e)) could interact with implied constitutional freedom of political communication, though that is a matter for judicial interpretation rather than statutory interaction. The regulation does not interact with the Work Health and Safety Act 2011 in any explicit way, but Board staff may have duties under that Act that override the regulation’s exemption in section 24. The regulation is silent on the application of the Privacy and Personal Information Protection Act 1998 to the Board’s collection of fees and charges. Overall, the regulation occupies a narrow field of localised conduct rules and leaves broader legal frameworks unaffected, but without express coordination clauses, there may be gaps or overlaps.

The source text is the Zoological Parks Regulation 2025 as made and presented for public access. It contains no amendment history because it is a new instrument that commences on 1 September 2025, at which point it wholly replaces the Zoological Parks Regulation 2019. The regulation itself has not yet been amended since its making. The only legislative action noted in the text is the repeal of the 2019 regulation under the Subordinate Legislation Act 1989, section 10(2). The 2025 regulation appears to be a remaking of the 2019 instrument with some adjustments, though the publicly available source does not include a comparison table or explanatory memorandum. The savings provision (section 25) suggests that the drafters intended continuity of effect rather than a fresh regulatory start. Without access to the 2019 version, we cannot identify specific changes. However, a few provisions in the 2025 regulation appear designed to address contemporary issues: section 7(d) prohibiting drones and remotely piloted aircraft, and section 15(b) prohibiting their operation, are likely additions or clarifications reflecting increased drone use since 2019. The prohibition on balloons (section 7(e)) may also be new, as balloons pose a known ingestion risk to zoo animals. The definition of “entertainment” in section 14(2) is broad and may have been expanded. The regulation does not include a provision for the Board to issue licences or permits for commercial activities, unlike some public land regulations; it simply provides that the Board may give consent generally or for a particular purpose (section 24(2)). This structural choice may have changed from the 2019 version, but without comparison material we cannot confirm. The uniform penalty of one penalty unit is unchanged from many older zoo regulations. There is no indication that the regulation has been the subject of any parliamentary disallowance, amendment, or review. As a newly made instrument, its amendment history will begin only after commencement.

The source text for the Zoological Parks Regulation 2025 provides no litigation history. Because the regulation has not yet commenced (it starts on 1 September 2025), there cannot be any court decisions interpreting its provisions. The preceding Zoological Parks Regulation 2019 may have been the subject of prosecutions or appeals, but the source does not mention any such cases. In the absence of specific data, we can note potential litigation risks inherent in the regulation’s language. Several terms are undefined and may be challenged. The phrase “reasonable direction” in section 9(1) is not defined in the regulation or the Act; whether a direction is reasonable could be litigated under administrative law principles or as an element of a criminal defence. The phrase “appears to be intoxicated” in section 22(1)(b) is subjective and could lead to disputes over whether a direction to leave was lawfully given. The prohibition on “indecent or offensive way” in section 22(1)(c) is similarly vague and could be challenged as an unreasonable restriction on personal behaviour or expression. The prohibition on public meetings and demonstrations in section 14(1)(e) may face constitutional challenge if a person argues it impermissibly burdens the implied freedom of political communication, though the High Court has allowed such restrictions if they are for a legitimate purpose and proportionate. The low penalty amount makes it unlikely that a criminal defence would be funded, but a civil challenge to the validity of a direction or a fee determination could be brought by an affected commercial operator. Also, the Board’s power to close land by publishing a notice on a website (section 6(1)(c)) without immediate physical signage could be challenged if a person enters before the physical notice is displayed “as soon as practicable” (section 6(2)). The definition of “knowledge” of closure in section 6(5) (passing a notice or barrier) does not apply to online notice, creating a potential gap. These are potential areas for litigation, but no cases are reported.

Several provisions in the Zoological Parks Regulation 2025 contain traps for the unwary. The most notable is the sweeping prohibition on “balloons” in section 7(e). This is absolute: there is no exception for children’s parties, educational balloons, or biodegradable products. A parent bringing a single helium balloon for a child would commit an offence carrying a maximum penalty of $110. Similarly, the prohibition on “part of an animal, vegetation or other living thing that is a threat to the preservation or protection of animals or vegetation on the land” (section 7(b)) is vague. It could catch a person carrying an apple core or a rose, depending on the Board’s interpretation. The term “threat” is not defined and vests enormous interpretive discretion in Board staff. Another gotcha is the interaction between sections 6(3) and 6(5) on closure. A person is deemed to know that land is closed if they pass a notice or barrier. However, if the Board closes the land only by a website notice (permitted under section 6(1)(c)) and a person enters before a physical notice is displayed, the person might not have “knowledge” as defined. But subsection (4) says subsection (3) applies “whether or not a notice has been displayed in accordance with subsection (2).” This could be read to mean that a person can be convicted even if no physical notice exists, as long as the person “knows” the land is closed by some other means. This creates uncertainty about the evidential burden. Section 14(1)(a) prohibits conducting “entertainment” on zoological park land, with entertainment defined to include “amusement, event, promotion, instruction and performance.” This is extremely broad. A tour guide providing informal instruction about animals, a street performer doing magic tricks, or a musician playing a guitar could be caught if the Board chooses to interpret the rule strictly. Section 14(1)(e) prohibits holding or addressing a “public meeting, function, demonstration or other public activity.” This could cover a small group of friends gathering for a birthday celebration if the Board deems it a public function. The prohibition on climbing “a building, fence, seat, table, enclosure or other structure” (section 15(c)) could catch children climbing on playground equipment or a person standing on a bench to take a photo. Section 15(e) prohibits bathing, wading, washing or swimming in lakes, ponds, streams or ornamental water. This is a strict liability offence that could catch a child wading in a shallow puddle or a visitor washing their hands in a decorative fountain. Section 21(2)(c) prohibits interfering with the enjoyment or comfort of other persons travelling or waiting to travel in a shared vehicle. This is subjective and could be used to sanction loud conversation or even an unpleasant odour. Finally, section 22(1)(b) allows the Board to direct a person to leave if the person “appears to be intoxicated”, without requiring any objective impairment. This gives staff broad power to remove persons on the basis of appearance alone, with no right to challenge the determination before removal.

Compliance with the Zoological Parks Regulation 2025 requires both pre-visit planning and on-site awareness. For a private visitor, the initial step is to ascertain the correct entrance fee. The Board may set different fees based on any criteria it chooses (section 4(1)(b)). The visitor must pay that fee before entering (section 4(2)). Payment alone, however, does not guarantee the right to enter; the Board may close the land at any time, including after a ticket is purchased, and the regulation does not provide for refunds. The visitor must enter only through a designated visitors’ entrance (section 5(2)). Before entering, the visitor must ensure they do not bring onto the land any of the prohibited items listed in section 7. This means leaving all pets and other animals at home; not bringing any part of an animal or any vegetation that could be a threat; ensuring that scooters, skateboards, rollerskates, rollerblades and similar devices are left behind; that no drones or remotely piloted aircraft are carried; that no balloons (including party balloons) are on the person; and that no liquor as defined in the Liquor Act 2007 is in the visitor’s possession. For photography enthusiasts, the regulation does not prohibit amateur photography, but using a camera “for a commercial purpose” (section 14(1)(c)(iii)) without Board consent is an offence. Anyone intending to film or photograph for profit should obtain prior written consent from the Board, as should anyone planning to sell goods, hire equipment, use audio or broadcasting equipment, display promotional material, or hold any kind of public meeting, function, demonstration, or entertainment (section 14). Event organisers should seek express authorisation under section 24(2), which allows the Board to give consent generally or for a particular purpose. On the land, visitors must comply with any reasonable direction given by the Board (section 9), which may include directions to evacuate, to move, or to stop a particular activity. They must not operate radios or electronic devices at a volume likely to disturb others or animals, and must not operate loudspeakers or public address systems at all (section 10). They must not damage any vegetation, dead timber, logs, stumps, rocks, soil, sand, stone, buildings, notices, or other improvements; must not leave rubbish except in bins; and must not light fires (section 11). Feeding, interfering with, capturing, injuring, or destroying animals is prohibited, as is opening or entering animal enclosures, holding areas, or other containment structures (section 12). Camping, residing, or erecting any structure is prohibited (section 13). The visitor must not climb any building, fence, seat, table, enclosure, or other structure; must not throw or project stones or other objects; and must not bathe, wade, wash, or swim in any water body (section 15). Fishing from or mooring vessels to the Taronga “Pump” Wharf is absolutely prohibited (section 16). For vehicle drivers, compliance requires paying the applicable parking charge (section 17), entering and parking only on designated roads (section 19), and complying with all displayed notices, barriers, and directions from Board staff (sections 18 and 19). If directed to remove a vehicle because it is unlawfully on the land, the driver must do so promptly (section 20). For those using Board-operated shared vehicles (such as the Sky Safari or Pride Lands Patrol), the charge must be paid, and the person must not interfere with the operation of the vehicle or the enjoyment or comfort of other passengers (section 21). If the Board directs a person to leave a shared vehicle for contravening these rules, the person must comply (section 21(4)). Finally, if at any point a person contravenes the regulation, appears to be intoxicated, or behaves indecently or offensively, the Board may direct them to leave the land (section 22). That direction must be complied with immediately, and if it is not, the Board may physically remove the person. The safest path to compliance is to treat the zoological park land as a highly regulated environment where all discretionary activities require prior Board authorisation. Keeping records of any consent given by the Board under section 24(2) is prudent for commercial operators and event organisers.