New South Wales Consolidated Regulations

NATIONAL PARKS AND WILDLIFE REGULATION 2019

- Made under the National Parks and Wildlife Act 1974
- As at 13 January 2023
- Reg 408 of 2019

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions
   4.      Examples of consent to activities on land
   5.      Exclusion from meaning of "harm" objects and places

   PART 2 - REGULATION OF USE OF PARKS

           Division 1 - Regulation by notices or direction

   6.      Regulation by public or written notices
   7.      Regulation by oral direction
   8.      Removal of persons by direction

           Division 2 - Regulation of traffic

   9.      Entry of vehicles into parks
   10.     Use of vehicles, animals, vessels and machines in parks

           Division 2A - Fees and charges--motor vehicles

   10A.    Definitions
   10B.    Secretary may determine fees and charges
   10C.    Conditions of entry to parks
   10D.    Notification of fees and charges in parks
   10E.    Issue of receipt, ticket or pass on payment of fee or charge
   10F.    Entry without paying fees or charges
   10G.    Failure to comply with conditions of entry
   10H.    Waiver determinations and waiver passes
   10I.    Display of receipt, ticket or pass

           Division 3 - Regulation of conduct

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

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

   30.     Definitions
   31.     Setting up of moorings
   32.     Mooring of vessels
   33.     Misrepresentation of authority to moor vessel

           Division 5 - Miscellaneous

   34.     Consent of park authority
   35.     Exercise of park authority's functions
   36.     Defences
   37.     Second and subsequent offences

   PART 3 - PUBLIC HEALTH IN KOSCIUSZKO NATIONAL PARK

   38.     Definitions
   39.     Object of Part
   40.     Orders requiring the preservation of healthy conditions in the park
   41.     Orders requiring the doing of things to or on premises
   42.     Orders relating to premises used for shared accommodation
   43.     Orders requiring that premises not be used in specified ways
   44.     Procedures to be observed before giving orders and provisions relating to orders generally
   45.     Provision of services relating to health of the public in the park
   46.     Power of entry and inspection
   47.     Functions relating to Public Health Act 2010

   PART 4 - ENFORCEMENT OF OBLIGATIONS OF SNOWY HYDRO COMPANY

   48.     Definitions
   49.     Company to comply with Snowy Management Plan
   50.     Notice to comply with Snowy Management Plan
   51.     Failure to comply with notice
   52.     Secretary may carry out works

   PART 5 - ABORIGINAL LAND, OBJECTS AND PLACES AND EXEMPTIONS FOR ABORIGINAL PEOPLE

           Division 1 - Plans of management for Aboriginal land

   53.     Application of Division
   54.     Use of Mutawintji land for certain community development purposes
   55.     Use of other land for certain community development purposes

           Division 2 - Aboriginal objects and places

   56.     Transfer of Aboriginal objects
   57.     Compliance with codes of practice and other prescribed documents to constitute defence of due diligence to the offence of harming Aboriginal objects
   58.     Defence of low impact acts or omissions to the offence of harming Aboriginal objects
   59.     Notification of sites of Aboriginal objects
   60.     Aboriginal heritage impact permit--requirement for consultation process
   61.     Aboriginal heritage impact permit--requirement for cultural heritage assessment report
   62.     Variation of an Aboriginal heritage impact permit--requirement for consultation process

           Division 3 - Exemptions for Aboriginal people

   63.     Application of Division
   64.     Aboriginal people exempt from prohibition on harming fauna
   65.     Aboriginal people exempt from prohibition on picking or having native plants

   PART 6 - ADVISORY COMMITTEES

   66.     Meetings to be held
   67.     Appointment of officers at annual general meeting
   68.     Presiding member
   69.     Administrative matters

   PART 6A - BOARD OF NATIONAL PARKS AND WILDLIFE CONSERVATION TRUST--THE ACT, S 95(5)

           Division 1 - Preliminary

   69A.    Definitions

           Division 2 - Membership

   69B.    Composition
   69C.    Chairperson and Deputy Chairperson
   69D.    Terms of office
   69E.    Removal from office
   69F.    Vacancy in office of member
   69G.    Remuneration

           Division 3 - Procedure

   69H.    Quorum
   69I.    Presiding member
   69J.    General procedure
   69K.    Voting
   69L.    Disclosure of pecuniary interests
   69M.    Effect of certain other Acts
   69N.    Transaction of business outside meetings or by telephone or other means
   69O.    Seal of Trust

   PART 7 - TRUSTEES

   70.     Meetings to be held
   71.     Special meetings
   72.     Appointment of officers
   73.     Presiding member
   74.     Conduct of meetings
   75.     Committees
   76.     Common seal
   77.     Administrative matters
   78.     Financial matters

   PART 7A - ASSETS OF INTERGENERATIONAL SIGNIFICANCE

           Division 1 - Preliminary

   78A.    Definitions
   78B.    Management of declared land

           Division 2 - Conservation action plans

   78C.    Preparation of conservation action plans
   78D.    Public exhibition of draft conservation action plans
   78E.    Approval of conservation action plans
   78F.    Publication of approved conservation action plans
   78G.    Effect of conservation action plans
   78H.    Amendment of conservation action plans

           Division 3 - Miscellaneous

   78I.    Information relating to health and condition of declared land
   78J.    Review of implementation of conservation action plans

   PART 8 - MISCELLANEOUS

   79.     Ex-officio rangers
   80.     Exemption--persons accompanied by assistance dogs in nature reserves
   81.     Notice of preparation of plans of management
   82.     Terms of interim protection orders
   83.     Applications for permits, licences or registration certificates
   84.     Terms of licences or registration certificates
   85.     Interest on overdue money
   86.     Evidence of authority
   87.     Disposal of property seized or delivered up
   87A.    Vehicle entry offences
   88.     Saving
           SCHEDULE 1
           SCHEDULE 2