Commonwealth Numbered Acts

NATIONAL PARKS AND WILDLIFE CONSERVATION ACT 1975 No. 12, 1975 - SECT 71

71. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.

(2) Without limiting the generality of sub-section (1), regulations may be
made-

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

   (b)  providing for the protection and conservation of wildlife;

   (c)  regulating trade and commerce in connexion with wildlife in a
        Territory;

   (d)  regulating or prohibiting the pollution of water in a manner harmful
        to wildlife in parks, reserves or wilderness areas;

   (e)  providing for the protection and preservation of parks and reserves
        and property and things in parks and reserves;

   (f)  regulating or prohibiting access to the whole or part of a park or
        reserve by persons or classes of persons;

   (g)  providing for the removal of trespassers from parks and reserves;

   (h)  regulating or prohibiting camping in parks and reserves;

        (i)    providing for the safety of persons in parks and reserves;

   (j)  regulating or prohibiting the use of fire in parks and reserves;

   (k)  regulating the conduct of persons in parks and reserves;

   (l)  regulating or prohibiting the carrying on of any trade or commerce in
        a park or reserve;

   (m)  providing for fees and charges to be imposed by the Director upon
        persons entering or using a park or reserve or part of a park or
        reserve or using services or facilities provided by the Director in or
        in connexion with a park or reserve;

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

   (o)  providing for the imposition and collection of charges for-

        (i)    the parking or stopping of vehicles;

        (ii)   the mooring of vessels;

        (iii)  the landing of aircraft; and

        (iv)   the use of vehicles and vessels,

in parks and reserves;

   (p)  providing for the removal of vehicles, aircraft or vessels from places
        in parks and reserves where they have been left in contravention of
        the regulations 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 regulations relating to the parking or stopping of
        vehicles in a park or reserve 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 regulations (who may, in accordance with the
        regulations, 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 in fact contravened that
        provision;

   (r)  enabling a person who is alleged to have contravened a provision of
        the regulations relating to-

        (i)    littering;

        (ii)   the use of vehicles or vessels;

        (iii)  the parking or stopping of vehicles;

        (iv)   the mooring or landing of vessels; or

        (v)    the landing, use or flying of aircraft,

to pay to the Director, as an alternative to prosecution, a specified penalty,
not exceeding the maximum penalty by which a contravention of that provision
is otherwise punishable;

   (s)  regulating or prohibiting the use of vessels in, and the passage of
        vessels through, parks and reserves and the landing and use of
        aircraft in, and the flying of aircraft over, parks and reserves;

   (t)  providing for giving effect to plans of management in relation to
        parks and reserves;

   (u)  regulating or prohibiting the taking of animals or plants into, or out
        of, parks and reserves;

   (v)  providing for the impounding, removal, destruction or disposal of
        animals found straying in parks and reserves;

   (w)  regulating or prohibiting the taking into parks and reserves, and the
        use in parks and reserves, of weapons, traps, nets, snares, fishing
        apparatus and other devices;

   (x)  regulating or prohibiting the laying of baits and the use of
        explosives and poisons in parks and reserves;

   (y)  providing for the collection of specimens and the pursuit of research
        in parks and reserves for scientific purposes;

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

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

(3) A provision of the regulations regulating or prohibiting the flying of
aircraft over a park or reserve does not have any force or effect to the
extent to which it is inconsistent with a law of Australia, but such a
provision shall not be taken for the purposes of this sub-section to be
inconsistent with such a law if it can be complied with without contravention
of that law.

(4) Regulations with respect to a matter shall be regulations applicable to
that matter only so far as that matter may be dealt with under the powers of
the Parliament, including its powers with respect to-

   (a)  the government of a Territory;

   (b)  places acquired by Australia for public purposes;

   (c)  the Australian coastal sea;

   (d)  matters arising out of the rights (including sovereign rights) of
        Australia in relation to the continental shelf of Australia;

   (e)  trade and commerce with other countries including the import or export
        of animals and plants;

   (f)  fisheries in Australian waters beyond territorial limits; and

   (g)  statistics relating to animals and plants.

(5) The power to make regulations conferred by this Act may be exercised-

   (a)  in relation to all cases to which the power extends, or in relation to
        all those cases subject to specified exceptions, or in relation to any
        specified cases or classes of case; and

   (b)  so as to make, as respects the cases in relation to which it is
        exercised, the same provision for all those cases or different
        provision for different cases or classes of case.

(6) The power to make regulations conferred by this Act shall not be taken, by
implication, to exclude the power to make provision for or in relation to a
matter by reason only of the fact that-

   (a)  a provision is made by this Act in relation to that matter or another
        matter; or

   (b)  power is expressly conferred by this Act to make provision by
        regulation for or in relation to another matter.

(7) The regulations may provide, in respect of an offence against the
regulations, for the imposition of-

   (a)  a fine not exceeding $5,000; or

   (b)  a fine not exceeding $1,000 for each day during which the offence
        continues.

(8) The limitation imposed by sub-section (7) on the penalties that may be
prescribed by the regulations does not prevent the regulations from requiring
a person to make a statutory declaration.

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