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DEFENCE ACT 1903 - SECT 116ZD By - laws

DEFENCE ACT 1903 - SECT 116ZD

By - laws

  (1)   The Minister may , by legislative instrument, make by - laws, not inconsistent with this Act, for and in relation to the control and management of public areas.

  (2)   Without limiting the generality of subsection   ( 1), by - laws may be made:

  (a)   providing for functions and powers to be conferred, and duties to be imposed, upon rangers;

  (b)   regulating or prohibiting the pollution of soil, air or water in a manner that is, or is likely to be, harmful to people or wildlife in, or to the natural features of, public areas;

  (c)   regulating or prohibiting tourism in public areas;

  (d)   providing for the protection and preservation of public areas and property and things in public areas;

  (e)   regulating or prohibiting access to public areas by persons or classes of persons;

  (f)   providing for the removal of trespassers from public areas;

  (g)   regulating or prohibiting camping in public areas;

  (h)   providing for the safety of persons in public areas;

  (j)   regulating or prohibiting the use of fire in public areas;

  (k)   regulating the conduct of persons in public areas;

  (m)   regulating or prohibiting the carrying on of any trade or commerce in a public area;

  (n)   regulating or prohibiting the use of vehicles in public areas and providing for signs and road markings for those purposes;

  (p)   providing for the removal of vehicles, aircraft or vessels from places in public areas 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;

  (q)   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 public area 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 a State or Territory) is to be, except as provided otherwise, deemed to have committed an offence against the provision so contravened, whether or not he or she in fact contravened that provision;

  (r)   specifying strict liability offences against the by - laws for the purposes of subsection   116ZCA(1);

  (s)   regulating or prohibiting the use of vessels, and the landing and use of aircraft, in public areas;

  (t)   regulating or prohibiting the taking of animals or plants into, or out of, public areas;

  (u)   providing for the impounding, removal, destruction or disposal of animals found straying in public areas;

  (v)   regulating or prohibiting the taking into public areas, and the use in public areas, of weapons, traps, nets, snares, fishing apparatus and other devices;

  (w)   regulating or prohibiting the laying of baits and the use of explosives and poisons in public areas;

  (x)   providing for the collection of specimens and the pursuit of research in public areas for scientific purposes;

  (y)   providing for the issue of licences, permits and authorities, the conditions subject to which they are issued and the charging of fees by the Minister in respect of such licences, permits and authorities;

  (z)   the imposition of charges for:

  (i)   the parking or stopping of vehicles;

  (ii)   the landing of aircraft; and

  (iii)   the use of vehicles and vessels;

    in public areas;

  (za)   providing for penalties, not exceeding a fine of 10 penalty units , for offences against the by - laws; and

  (zb)   providing for any matter incidental to or connected with any of the foregoing.