New South Wales Consolidated Regulations

NATIONAL PARKS AND WILDLIFE REGULATION 2009 - REG 3

3 Definitions

(1) In this Regulation:
"Aboriginal person" means a person:

(a) who is a member of the Aboriginal race of Australia, and

(b) who identifies as an Aboriginal person, and

(c) who is accepted by the Aboriginal community as an Aboriginal person.

"determining authority" has the same meaning as it has in Part 5 of the Environmental Planning and Assessment Act 1979 .
"Director-General" means the Director-General of the Department of Environment, Climate Change and Water.
"disability assistance aid" means a vehicle other than a motor car designed for use by a disabled person and includes a motorised wheelchair.
"drive" includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal).
"fossil" means any naturally preserved remains or evidence of past life (whether wholly or partially petrified) including bones, shells, impressions and trails.
"hoofed animal" includes a camel.
"litter" includes:

(a) any solid or liquid domestic or commercial refuse, debris or rubbish deposited in or on a place, and includes any glass, metal, cigarette butts, paper, fabric, wood, food, construction or demolition material, garden remnants and clippings, soil, sand or rocks, and

(b) any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place,

whether or not it has any value when or after being deposited in or on the place.
"moor" a vessel includes attach a vessel to a mooring by any means.
"mooring" means any post, stake, pile, float, pontoon or any other object (other than the anchor of a vessel) secured by any direct or indirect means to the waters’ bed or placed on the waters’ bed for the purpose of attaching a vessel to the bed.
"national parks officer" means a member of staff of the Department of Environment, Climate Change and Water who is principally involved in the administration of the following Acts:

(a) the Act,

(b) Threatened Species Conservation Act 1995 ,

(c) Wilderness Act 1987 ,

(d) Marine Parks Act 1997 .

"park":

(a) when used as a noun, means a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or any land acquired by the Minister under Part 11 of the Act, and includes all roads and waters within the boundaries of any such park, site, area, reserve or land, and

(b) when used as a verb, means to park a vehicle or to cause or allow a vehicle to park, stand or wait.

"park authority" means the following:

(a) in relation to a state conservation area:

(i) except when used in connection with the imposition or waiver of fees and charges-the trust having the care, control and management of the area (or, if there is no such trust, the Director-General), or

(ii) when used in connection with the imposition or waiver of fees and charges-the Minister if a trust has the care, control and management of the area (or, if there is no such trust, the Director-General),

(b) in relation to a regional park:

(i) except when used in connection with the imposition or waiver of fees and charges-the trust or local council having the care, control and management of the park (or, if there is no such trust or local council, the Director-General), or

(ii) when used in connection with the imposition or waiver of fees and charges-the Minister if a trust or local council has the care, control and management of the park (or, if there is no such trust or local council, the Director-General),

(c) in relation to the Jenolan Caves Visitor Use and Services Zone for the relevant period (within the meaning of Part 6 of Schedule 3 to the Act)-the administrator appointed by the Minister under clause 58 of that Schedule,

(d) in relation to a national park, historic site, nature reserve, karst conservation reserve (other than a karst conservation reserve to which paragraph (c) applies), Aboriginal area or any land acquired by the Minister under Part 11 of the Act-the Director-General,

(e) in relation to each area of land reserved under Part 4A of the Act:

(i) until such time as a board of management is established, in accordance with Division 6 of Part 4A, for the area-the Director-General, and

(ii) on and from the establishment of the board of management-the board of management.

"park user" means a person in a park or intending to enter a park.
"ski resort area" has the same meaning as in Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979 .
"tag" includes a label, slip or other object for affixing or attaching to the skins or carcases of fauna.
"the Act" means the National Parks and Wildlife Act 1974 .
"trustees", in relation to a state conservation area or regional park, means:

(a) the trustees of the area or regional park appointed under the Act, or

(b) a person appointed as administrator of the area or regional park under the Act, or

(c) if there are no trustees and no administrator of the area or regional park, the Director-General.

"waters" includes a stream, creek, river, estuary, dam, lake or reservoir.

(2) For the purposes of this Regulation, a filming approval granted under the Filming Approval Act 2004 to carry out a filming activity within the meaning of that Act on land reserved or dedicated under the Act is taken to constitute consent to the carrying out of that activity on the land by the park authority for the land in accordance with the conditions of the approval.

(3) For the purposes of this Regulation, a lease or licence granted under any of the following provisions of the Act that authorises a person to carry out an activity in a park (whether granted by the park authority concerned or some other person) is taken to constitute consent to the carrying out of that activity on the land by the park authority for the park in accordance with the conditions of the lease or licence:

(a) Part 11 of the Act,

(b) Part 12 of the Act, except in relation to the following:

(i) any state conservation area for which a trust is the park authority,

(ii) any regional park for which a trust or local council is the park authority,

(iii) the Jenolan Caves Visitor Use and Services Zone for the relevant period within the meaning of Part 6 of Schedule 3 to the Act (being the period during which the administrator appointed by the Minister under clause 58 of that Schedule is the trust authority),

(iv) any area of land reserved under Part 4A of the Act for which a board of management is established in accordance with Division 6 of Part 4A.

(4) However, if before the grant of a lease or licence under Part 12 of the Act in relation to a place referred to in subclause (3) (b) (i)-(iv), the relevant park authority, administrator or board of management has concurred in the grant, the lease or licence is taken to constitute consent to the carrying out of that activity on the land by the park authority for the park in accordance with the conditions of the lease or licence.

(5) Notes in this Regulation do not form part of this Regulation.