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NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 60 Regulations for reserved land

NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 60

Regulations for reserved land

(1)  Without limiting the matters in respect of which the regulations may be made, the regulations may make provision with respect to the care, control and management of any area of reserved land, including but not limited to –
(a) the preservation or protection of the fauna or flora of, or of any living things kept in, the area of reserved land; and
(b) any conservation purpose or any management objective specified in Schedule 1 ; and
(c) the prevention of damage or injury to the area of reserved land or to the property or other things in that area; and
(d) the preservation or protection of the area of reserved land or the property or other things in that area; and
(e) the prohibition or control of the removal of any property or other things from the area of reserved land; and
(f) the prohibition or control of the bringing into, or over, or the use or possession in or over, the area of land of any conveyance or thing; and
(g) the taking in the area of reserved land of wildlife in the form of game, if it is a game reserve, conservation area or regional reserve; and
(h) the seizure, destruction or killing of creatures found in the area of reserved land; and
(i) the conduct of persons in the area of reserved land; and
(j) the exclusion or ejection of persons from the area, or any part of the area, of reserved land; and
(k) the making and collection of charges for admission to, or the use of a public highway in, the area, or any part of the area, of reserved land.
(2)  Regulations may not be made prohibiting any person from entering, or remaining in, any area of reserved land (other than a restricted area) unless –
(a) that prohibition is imposed on account of his or her conduct or condition; or
(b) that prohibition is a prohibition on his or her entering, or remaining in, that area otherwise than in the company of a ranger or other prescribed person; or
(c) that prohibition is necessary for the proper care, control or management of that area.
(3)  Regulations made for the purposes specified in subsection (1) may apply to –
(a) specified reserved land; or
(b) a specified part of any reserved land; or
(c) a specified group of reserved lands; or
(d) a specified class of reserved land.
(4)  Regulations made for the purposes specified in subsection (1) may –
(a) confer powers and discretions on the Director, a ranger and any other prescribed person in relation to the matters referred to in that subsection; and
(b) provide that a contravention of such a regulation is an offence; and
(c) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units.
(5)  A regulation made for the purposes of subsection (1)(h) may not be made authorising the destruction or killing of a creature unless –
(a) that creature is not under the proper and efficient control of some person; or
(b) its presence on the area of reserved land on which it is found is, in the opinion of the person authorised to seize it, causing or likely to cause injury or damage to, or likely to disturb –
(i) the fauna or flora of any reserved land; or
(ii) any living things kept on any reserved land.
(6)  Subject to section 27(1)(c) , regulations made for the purposes specified in subsection (1) do not prohibit the doing of anything in a private sanctuary or private nature reserve by the owner or occupier of that sanctuary or reserve, or of any person acting on the owner's authority, that the owner or person would have been entitled to do if those regulations had not been made.
(7)  Nothing in this section prejudices or affects the exercise of any authority given by a permit granted under the Nature Conservation Act 2002 .
(8)  No action lies in respect of the failure of any person to exercise a power conferred on him or her by regulations made for the purposes specified in subsection (1) to exclude or eject any other person from any land.