New South Wales Consolidated Acts

LORD HOWE ISLAND ACT 1953 - SECT 38

38 Regulations

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

(2) Without prejudice to the generality of the power conferred by subsection (1), the Governor may make regulations:

(a) for or with respect to:

(i) any power, authority, duty or function conferred or imposed upon the Board by or under this Act,

(ia) the procedures to be followed by the Board at its meetings and in the conduct of its business,

(ii) the introduction into the Island and the use and sale thereon of intoxicating liquor,

(iv) the licensing, control and regulation of tourist accommodation and other commercial undertakings on the Island and the licensing of, and the terms and conditions to be observed by, persons associated with them,

(b) prescribing the forms of licences and of renewals and transfers of licences and of applications for the same,

(c) prescribing the fees to be paid for licences granted under this Act,

(c1) for or with respect to the making of applications under this Act,

(d) applying any or all of the provisions of the Crown Lands Consolidation Act 1913 as amended by subsequent Acts, with such modifications and adaptations as may be necessary to matters arising under the provisions of Part 4,

(e) prohibiting the introduction of any species of fauna or flora to the Island or prescribing conditions in relation to the introduction of any species of fauna or flora,

(f) prohibiting the cutting or removal from any land on the Island of bush, timber, trees, flora or vegetative material or prescribing conditions under which such bush, timber, trees, flora or vegetative material may be cut or removed from any land on the Island,

(g) for or with respect to:

(i) the prohibition, regulation or control of the use of motor vehicles on the Island,

(ii) the prohibition, regulation or control of the removal from the Island of flora or fauna or coral or any other prescribed substance forming part of the Island,

(iii) prohibiting damage to, or the destruction of, flora or fauna or coral or any prescribed substance forming part of the Island, or

(iv) the destruction of plants declared by the regulations to be noxious, and

(2A) Without prejudice to the generality of the power conferred by subsection (1), the Governor may make regulations, not inconsistent with this Act, that are applicable to or in relation to land the subject of a dedication in force under section 19A, being regulations for and with respect to:

(a) the regulation of the use and enjoyment of the land,

(b) the securing of order and decency on the land including the removal of trespassers from the land and the removal from the land of persons causing annoyance or inconvenience thereon,

(c) the regulation, control or prohibition of the taking of animals on the land and public or other roads traversing the land and the permitting or suffering of animals to be on the land or any such roads,

(d) the regulation, control or prohibition of mooring adjacent to, or parking or camping on, the land, the making of charges for any such mooring, parking or camping and the collection and receipt of those charges,

(e) the preservation or protection of, or prevention of damage to, trees, shrubs, ferns, creepers, vines, palms, plants, flowers, herbage or other vegetative cover on the land,

(f) the conditions under which trees or timber may be cut or removed from the land and the amount and payment of royalties, fees and charges in respect thereof,

(g) the preservation or protection of any rocks, soil, sand, stone or other similar substance on or comprising part of the land, or the removal of any such substance from the land and the amount and payment of royalties, fees and charges in respect thereof,

(h) the preservation or protection of any animal or bird, within the meaning of the National Parks and Wildlife Act 1974 , on the land,

(i) the preservation or protection of, or prevention of damage to, any relic within the meaning of the National Parks and Wildlife Act 1974 , that is on the land,

(j) the regulation, control or prohibition of the use on the land of any such relic for commercial purposes,

(k) the making of charges or payment of entrance fees for persons, clubs or associations or for vehicles using or entering the land or any specified part of the land or any public or other road traversing or bounding the land or such a part thereof, and the collection, receipt or waiver of those charges or fees,

(l) the reservation of a part of the land for such separate or exclusive use as is prescribed by the regulations,

(m) the regulation, control or prohibition of the entry of any person or class of persons on the land or a specified part thereof and the conditions to be observed with regard thereto,

(n) the use of roads, tracks, trails and other ways on the land and the circumstances under which they shall be open or may be closed to public traffic or use,

(o) the powers and duties of any officer of the Board in relation to the land,

(p) the regulation or prohibition of the use of vehicles on the land, the conditions under which they may be used on the land and the regulation of the speed of any vehicle permitted on the land,

(q) the protection of signs and other management facilities placed on the land in accordance with the plan of management,

(r) the regulation, control or prohibition of exotic plants on the land,

(s) the collection of scientific specimens, the preservation or protection of marine life (other than fish within the meaning of the Fisheries Management Act 1994 ) and the pursuit of research on the land,

(t) the regulation, control or prohibition of the use of firearms or other weapons on the land and the carrying of firearms or other weapons while on the land,

(u) the management and maintenance of pounds on the land,

(v) the procedure for the impounding of animals on the land and for their subsequent disposal, sale or destruction,

(w) the damage fees, driving charges, sustenance charges, deterrent fees and pound fees chargeable in respect of the impounding of animals on the land, and

(x) the fees chargeable in respect of the sale or offering for sale and in respect of the destruction of animals impounded on the land.

(3) The regulations may provide for the payment of a charge by tourists to the Island. Such charge shall be at such rate as may be prescribed. The regulations may make provisions for and with respect to the levying and collection of the charge by persons for and on behalf of the Board and the remission of the proceeds to the Board.

(4)

(a) The regulations may authorise or require the Board to exercise and discharge such powers, authorities, duties and functions as may be specified therein.

(b) Regulations under this subsection may adopt any of the provisions of the Local Government Act 1993 , or the regulations made under that Act, with such modifications and adaptations as the Governor deems necessary or desirable.

(4A) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person, body or committee,

or may do any combination of those things.

(5) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units.