New South Wales Consolidated Regulations

NATIONAL PARKS AND WILDLIFE REGULATION 2009

- Made under the National Parks and Wildlife Act 1974
- As at 1 October 2011
- Reg 427 of 2009

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   3A.     Exclusion from meaning of “harm” objects and places

   PART 2 - REGULATION OF USE OF PARKS

           Division 1 - Regulation by notices or direction

   4.      Regulation by public or other notice
   5.      Regulation by oral direction

           Division 2 - Regulation of traffic

   6.      Entry of vehicles to parks
   7.      Use of vehicles, hoofed animals, vessels and machines in parks

           Division 3 - Regulation of conduct generally

   8.      Removal of certain persons
   9.      Taking and keeping of animals in parks
   10.     Camping and residing
   11.     Littering and damage
   12.     Protection of animals
   13.     Offensive conduct
   14.     Consuming alcohol in alcohol free areas
   15.     Lighting of fires
   16.     Cultural heritage
   17.     Erection and occupation of structures
   18.     Protection of vegetation
   19.     Beehives
   20.     Weapons
   21.     Commercial activities
   22.     Sporting, recreational and other activities
   23.     Research activities
   24.     Caves
   25.     Interference with park management
   26.     Use of snow chains in Kosciuszko National Park

           Division 4 - Mooring vessels within Ku-ring-gai Chase National Park

   27.     Definitions
   28.     Setting up of moorings
   29.     Mooring of vessels
   30.     Misrepresentation of authority to moor vessel

           Division 5 - Miscellaneous

   31.     Consents
   32.     Exercise of park authority’s functions
   33.     Defences
   34.     Second and subsequent offences

   PART 3 - PUBLIC HEALTH IN KOSCIUSZKO NATIONAL PARK

   35.     Definitions
   36.     Object of Part
   37.     Orders requiring the preservation of healthy conditions in the park
   38.     Orders requiring the doing of things to or on premises
   39.     Orders relating to premises used for shared accommodation
   40.     Orders requiring that premises not be used in specified ways
   41.     Procedures to be observed before giving orders and provisions relating to orders generally
   42.     Provision of services relating to the health of the public in the park
   43.     Power of entry and inspection
   44.     Functions relating to Public Health Act 1991

   PART 4 - ENFORCEMENT OF OBLIGATIONS OF SNOWY HYDRO COMPANY

   45.     Definitions
   46.     Company to comply with Snowy Management Plan
   47.     Notice to comply with Snowy Management Plan
   48.     Offence-Company failing to comply with notice
   49.     Carrying out of works-Company failing to comply with notice

   PART 5 - LICENCES AND CERTIFICATES

   50.     Applications for permits, licences or registration certificates
   51.     Terms of licences or registration certificates

   PART 6 - FAUNA PROTECTION

           Division 1 - Licences and certificates

   52.     Issue of tags
   53.     Supply of tags to commercial fauna harvesters
   54.     Grounds for refusing import or export licence
   55.     Grounds for cancelling import or export licence
   56.     False receipts and records

           Division 2 - Care and protection of fauna

   57.     Caging and confinement of protected fauna
   58.     Native waterfowl not to be interbred with non-native waterfowl

           Division 3 - Protection of certain marine mammals

   59.     Definitions
   60.     Application of Division
   61.     Prescribed approach distances to marine mammals
   62.     Operation of prohibited vessels
   63.     Operation of vessels that are not prohibited vessels
   64.     Operation of aircraft in vicinity of marine mammals
   65.     Feeding marine mammals
   66.     Swimming with cetaceans
   67.     Approaching special interest marine mammals

           Division 4 - Miscellaneous

   68.     Notification of possession of certain animals
   69.     Prescribed substances
   70.     Notice of preparation of plan of management for marine mammals
   71.     (Repealed)

   PART 7 - EXEMPTIONS IN FAVOUR OF ABORIGINAL PEOPLE

   72.     Exemption: section 70
   73.     Exemption: section 71
   74.     Exemption: section 98
   75.     Exemption: section 117

   PART 8 - ABORIGINAL LAND

           Division 1 - (Repealed)
           None

           Division 2 - Plans of management

   79.     Land for community development purposes-Mutawintji
   80.     Land for community development purposes-other Part 4A land

   PART 8A - ABORIGINAL OBJECTS AND ABORIGINAL PLACES

   80A.    Defence of compliance with codes of practice or other prescribed documents: section 87 (3)
   80B.    Defence of carrying out certain low impact activities: section 87 (4)
   80C.    Consultation process to be undertaken before applying for Aboriginal heritage impact permit
   80D.    Application for Aboriginal heritage impact permit to be accompanied by cultural heritage assessment report
   80E.    Consultation process to be undertaken before applying for a variation of Aboriginal heritage impact permit

   PART 9 - ADVISORY COMMITTEES

   81.     Application of Part
   82.     Meetings to be held
   83.     Appointment of officers
   84.     Presiding member
   85.     Administrative matters

   PART 10 - TRUSTEES

   86.     Application of Part
   87.     Meetings to be held
   88.     Special meetings
   89.     Appointment of officers
   90.     Presiding member
   91.     Conduct of meetings
   92.     Committees
   93.     Common seal
   94.     Administrative matters
   95.     Financial matters

   PART 11 - PENALTY NOTICES

   96.     Penalty notice offences

   PART 12 - MISCELLANEOUS

   97.     Ex-officio rangers
   98.     Notice of preparation of plans of management
   99.     Transfer of Aboriginal objects
   100.    Appeal period
   101.    Appeals
   102.    Notification of sites of Aboriginal objects
   103.    Terms of interim protection orders
   104.    Interest on overdue money
   105.    Evidence of authority
   106.    Disposal of property seized or delivered up
   107.    Limitations on routine farming practice activities
   108.    Repeal
   109.    Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4