ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 356 Regulations controlling activities relating to Commonwealth reserves

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 356

  (1)   The regulations may:

  (a)   regulate or prohibit the pollution of soil, air or water in a manner that is, or is likely to be, harmful to:

  (i)   people, biodiversity or heritage in Commonwealth reserves; or

  (ii)   the natural features of Commonwealth reserves; and

  (b)   regulate or prohibit tourism in Commonwealth reserves; and

  (c)   provide for the protection and preservation of Commonwealth reserves and property and things in Commonwealth reserves; and

  (d)   provide for the protection and conservation of biodiversity in Commonwealth reserves; and

  (e)   regulate or prohibit access to all or part of a Commonwealth reserve by persons or classes of persons; and

  (f)   provide for the removal of trespassers from Commonwealth reserves; and

  (g)   regulate or prohibit camping in Commonwealth reserves; and

  (h)   provide for the safety of persons in Commonwealth reserves; and

  (i)   regulate or prohibit the use of fire in Commonwealth reserves; and

  (j)   regulate the conduct, or prohibit certain kinds of conduct, of persons in Commonwealth reserves; and

  (k)   regulate or prohibit the carrying on of any trade or commerce in a Commonwealth reserve; and

  (l)   regulate or prohibit the use of vehicles in Commonwealth reserves and provide for signs and road markings for those purposes; and

  (m)   provide for:

  (i)   the removal of vehicles, aircraft or vessels from places in Commonwealth reserves where they have been left in contravention of the regulations or have been abandoned; and

  (ii)   the impounding of such vehicles, aircraft or vessels; and

  (n)   provide that the person taken for the purposes of the regulations to be the owner of a motor vehicle involved in a contravention of a provision of the regulations relating to the parking or stopping of vehicles in a Commonwealth reserve is, except as provided otherwise, taken to commit an offence against the provision; and

  (o)   provide for a person to be taken to be the owner of a motor vehicle for the purposes of regulations made under paragraph   (n) (including a person in whose name the motor vehicle is registered under the law of a State or Territory); and

  (p)   regulate or prohibit the use of vessels in, and the passage of vessels through, Commonwealth reserves; and

  (q)   regulate or prohibit the landing and use of aircraft in, and the flying of aircraft over, Commonwealth reserves; and

  (r)   provide for the giving of effect to management plans for Commonwealth reserves; and

  (s)   regulate or prohibit the taking of animals or plants into or out of Commonwealth reserves; and

  (t)   provide for the impounding, removal, destruction or disposal of animals found straying in Commonwealth reserves; and

  (u)   regulate or prohibit the taking into Commonwealth reserves, and the use in Commonwealth reserves, of weapons, traps, nets, snares, fishing apparatus and other devices; and

  (v)   regulate or prohibit the laying of baits and the use of explosives and poisons in Commonwealth reserves; and

  (w)   provide for the collection of specimens and the pursuit of research in Commonwealth reserves for scientific purposes; and

  (x)   provide for the issue of licences, permits and authorities relating to activities in Commonwealth reserves, the conditions subject to which they are issued and the charging of fees by the Commonwealth in respect of such licences, permits and authorities; and

  (y)   provide for any matter incidental to or connected with a matter described in another paragraph.

  (2)   A provision of the regulations regulating or prohibiting the flying of aircraft over a Commonwealth reserve does not have any effect so far as it is inconsistent with a law of the Commonwealth. For this purpose, a provision is not inconsistent with such a law if it can be complied with without contravention of the law.

  (3)   A law of a Territory has effect so far as it is not inconsistent with a provision of the regulations having effect in that Territory. For this purpose, such a law is not inconsistent with the provision so far as it can operate concurrently with the provision.