PARKS AND RESERVES ACT 1895 - SECT 8

PARKS AND RESERVES ACT 1895 - SECT 8

8 .         By-laws

        (1)         A Board may, with the approval of the Governor, from time to time make, repeal, or alter by-laws for giving effect to this Act in respect of the land placed under its control, and in particular for —

            (a)         the regulation of the meetings and general business of the Board and where a Board is constituted a body corporate under the provisions of section 3 prescribing the manner in which the Seal of the Board may be affixed to documents, and the manner in which documents issued by the Board may be authenticated; and

            (b)         keeping accounts of the receipts and expenditure of the Board; and

            (c)         the management and conservation of the land, including zoological gardens; and

            (d)         the appointment and guidance of keepers or servants employed therein; and

            (e)         prescribing the time at which any such land shall be opened and closed; and

            (f)         the conduct of persons frequenting any such land; and

            (g)         prescribing the days on which, and the bounds or limits within which, sports, games, and gymnastics may be permitted on the land, and otherwise regulating or prohibiting such sports, games and gymnastics; and

            (h)         regulating traffic and the use of vehicles upon roads, and the use of footpaths, and in particular —

                  (i)         prescribing the rules to be observed in respect of any vehicle being driven or used on roads, and the use of footpaths and bridle tracks on the land;

                  (ii)         regulating, prohibiting or restricting the driving of any specified kinds of vehicles or of any vehicles of any specified weights or of any vehicles carrying any specified loads on any road, footpath or bridle track on the land;

                  (iii)         prescribing the places where vehicles of any class or description may or may not be parked on the land;

                and

                  (i)         preventing or regulating the admission of vehicles, birds, horses, dogs, asses, mules, camels, cattle, and animals of any other kind to the land; and

            (j)         preventing or regulating shooting over or on the land; and

            (k)         preventing or regulating matches, or training for racing with horses, dogs, or otherwise upon the land; and

            (l)         enabling authorised persons to remove persons who have committed any breach of any by-law from the land; and

            (m)         prohibiting the wilful obstruction of authorised persons acting in the execution of this Act and prescribing circumstances in which a person shall be treated as having wilfully obstructed an authorised person; and

            (n)         prohibiting the impersonation of authorised persons; and

            (o)         prescribing the circumstances in which where it is alleged that a vehicle has been used, driven, parked, stood or left in breach of any by-law and where —

                  (i)         the identity of the alleged offender is not known; and

                  (ii)         the owner of the vehicle fails within the prescribed time to either satisfy the Board that the vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time the offence is alleged to have been committed or inform the Board or an authorised person as to the identity and address of the person whom he believed was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed,

                the owner shall be deemed to have been the driver or person in charge of the vehicle at the time of the alleged offence; and

            (p)         prohibiting any person other than the owner, driver or person in charge of a vehicle from removing any notice attached to, or left in or on, the vehicle pursuant to section 14; and

            (q)         regulating or preventing the selling or exposing for sale of goods, wares, or merchandise on the land; and

            (r)         prohibiting damage or injury to and destruction of trees, shrubs, plants and flowers on the land; and

            (s)         the prevention of nuisances on the land, and the fouling of any ornamental water on the land; and

            (t)         prescribing the fees to be charged the public for admission to the land, or part thereof, and the occasions when such fees shall be payable, and prohibiting free admission thereto on such occasions; and

            (u)         regulating the payment of, and prescribing the method of the collection of, fees charged pursuant to any regulation; imposing on any prescribed class of persons the duty of collecting fees, on behalf of the Board; and, generally, prescribing all matters that may be necessary or expedient to be prescribed for the purpose of assuring that the fees are collected and paid to the Board.

        (2)         A Board may, by such by-laws, impose pecuniary penalties, not exceeding a fine of $1 000, for breach of any by-law and prescribe sums not exceeding $200 payable by way of penalty by persons who proceed in the manner described in section 14(2)(d).

        (3)         All pecuniary penalties for offences against any by-laws made by a Board in pursuance of this Act shall go to the use of such Board.

        [Section 8 amended: No. 60 of 1947 s. 3; No. 17 of 1955 s. 4; No. 40 of 1963 s. 2; No. 4 of 1972 s. 3; No. 50 of 1978 s. 6; No. 8 of 1985 s. 3; No. 78 of 1995 s. 98; No. 76 of 2003 s. 12; No. 19 of 2010 s. 51.]