CROWN LAND (RESERVES) ACT 1978 - SECT 13 Regulations
CROWN LAND (RESERVES) ACT 1978 - SECT 13
Regulations(1) Where any land has been reserved under this Act—
(a) the trustees thereof or the Minister and the trustees (as the case may be) with the approval of the Governor in Council; or
(b) where the land has not been granted to trustees, the Minister—
may make regulations for and with respect to—
(i) the proceedings of any committee of management;
(ii) the care protection and management of the land;
(iii) the preservation of good order and decency on the land;
S. 13(1)(b)(iiia) inserted by No. 51/2016 s. 9(1).
(iiia) setting aside areas on the land in which specified activities are permitted, restricted or prohibited;
(iv) the provision of services and facilities on the land and the conditions under which any services or facilities so provided shall be available to or be used by any person;
(v) the carrying out of works and improvements;
(vi) the safety of persons on the land or occupying or using any structure or building or any part of any structure or building on the land;
(vii) issuing permits and licences and entering into agreements in relation to the land;
(viii) the inspection and approval by a committee of management (if any) of plans and specifications for buildings structures or other works or extensions of buildings structures or other works required or permitted to be erected on such land;
(ix) the removal of any buildings structures or other works which do not comply with the requirements of the committee of management or in respect of which a permit, licence or agreement has expired or has been cancelled;
S. 13(1)(b)(x) substituted by No. 51/2016 s. 9(2).
(x) the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of—
(A) entry upon such land (including any waters on such land) or any specified part of such land by any persons, animals, vehicles, boats or aircraft; or
(B) any improvement, services or facilities on such land (including carparks); or
(C) permits for the use of such land or any part of such land;
S. 13(1)(b)(xa) inserted by No. 51/2016 s. 9(2).
(xa) imposing penalties not exceeding 20 penalty units for contravention of the regulations;
Note
See section 34 for transitional provisions relating to penalties.
S. 13(1)(b)(xi) amended by Nos 67/1995 s. 58(Sch. 1 item 5), 6/2009 s. 48.
(xi) the fixing and collection of charges or royalties, whether in advance or otherwise, for the taking of any stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990 from such land;
S. 13(1)(b)(xii) substituted by No. 79/2013 s. 15(1).
(xii) extending or applying regulations made under this subsection in respect of any land referred to in paragraph (b) to any other land referred to in that paragraph.
S. 13(1A) inserted by No. 79/2013 s. 15(2).
(1A) Regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may apply to one or more areas of land reserved under section 4.
S. 13(2) amended by No. 51/2016 s. 9(3).
(2) Any regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may confer and impose upon the committee of management of the land and upon any officer or servant of such committee or any specified person or body or class of specified person or body such powers functions authorities restrictions and duties as the Minister thinks necessary or expedient for the purposes of such regulations.
S. 13(2A) inserted by No. 51/2016 s. 9(4).
(2A) Regulations made under subsection (1) may—
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstances; and
(c) provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether—
(i) unconditionally or on specified conditions; and
(ii) either wholly or to any specified extent.
(3) Regulations under paragraph (x) of subsection (1) imposing tolls fees rents or other charges shall not be made in respect of any lands reserved for public recreation and granted to the Corporation of the city of Melbourne either alone or jointly with the Minister or in respect of any public parks or gardens vested in trustees or jointly in the Minister and trustees, unless the Governor in Council is satisfied that there are special reasons justifying such regulations.
S. 13(3A) inserted by No. 51/2016 s. 9(5).
(3A) Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed under regulations made under subsection (1)(b)(x).
(4) Regulations made under this section and any revocation of any such regulations shall be published in the Government Gazette.
S. 13(5) amended by No. 10/2004 s. 15(Sch. 1 item 4.1), repealed by No. 51/2016 s. 9(6)(a).
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S. 13(6) amended by No. 10/2004 s. 15(Sch. 1 item 4.2), repealed by No. 51/2016 s. 9(6)(b).
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S. 13(7) amended by Nos 41/1987 s. 103(Sch. 4 items 9.5, 9.6), 57/1989 s. 3(Sch. item 47.1(a)), 37/2014 s. 10(Sch. item 42.2).
(7) Any person who contravenes or fails to comply with any regulation made under this section and who after he has been warned by an authorised officer or by any police officer does not desist therefrom may be forthwith apprehended by such authorised officer or police officer and taken before a bail justice or the Magistrates' Court to be dealt with according to law.
S. 13(8) amended by Nos 41/1987 s. 103(Sch. 4 item 9.7), 57/1989 s. 3(Sch. item 47.1(b)), 68/2009 s. 97(Sch. item 41.1), 37/2014 s. 10(Sch. item 42.2).
(8) Every officer or servant employed by the committee of management of any land and every officer or servant of the trustees of any land and every authorised officer and every police officer shall have and may exercise all powers and authorities necessary to take proceedings prosecute or file a charge-sheet containing a charge in respect of any contravention or failure to comply with any regulations made under this section.
(9) Any money recovered by fine for breach of any regulation made under this section shall be paid—
S. 13(9)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 9.5), 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2), 37/2014 s. 10(Sch. item 42.2).
(a) where the charge-sheet is filed by a police officer or an authorised officer—into the Consolidated Fund;
S. 13(9)(b) amended by Nos 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2).
(b) where the charge-sheet is filed by an officer or servant employed by the committee of management of any land—into the funds of the committee of management;
S. 13(9)(c) amended by No. 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2).
(c) where the charge-sheet is filed by any officer or servant employed by the trustees of the land—into the funds of the trustees.
S. 13(10) inserted by No. 51/2014 s. 9(Sch. 2 item 2.3).
(10) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.
No. 6284 ss 220, 221.