Crown Land Management Regulation 2018

This Regulation is the Crown Land Management Regulation 2018.

This Regulation commences on the day on which the Crown Lands Act 1989 is repealed by the Act (except as provided by subclause (2)) and is required to be published on the NSW legislation website.

The following provisions of this Regulation commence on 19 March 2018—

this Part,

clause 26,

clauses 30, 61–63 and 72 and Schedule 1 (but only to the extent of their application to provisions of, or provisions referred to in, Schedule 4 to the Act),

clause 37,

clause 40,

clause 67,

Schedule 4.

Schedule 4 is repealed on 20 March 2018.

In this Regulation—

fee unit—see clause 2 of Part 2 of Schedule 1.

pest has the same meaning as in the Biosecurity Act 2015.

the Act means the Crown Land Management Act 2016.

Western lands lease has the same meaning as in Schedule 3 to the Act.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

In this Division—

authorised person, in relation to dedicated or reserved Crown land, means any of the following—

an authorised officer,

a member of the board or governing body of a responsible manager of the land,

any employee of a responsible manager who is authorised in writing by the manager to exercise the functions of an authorised person under this Division.

employee of a responsible manager includes, if the manager is the Minister, an employee of the Department.

responsible manager of dedicated or reserved Crown land means—

for land with one Crown land manager—the Crown land manager, or

for land with 2 or more Crown land managers—each of the Crown land managers in accordance with any allocation made under section 3.14 of the Act, or

for land with no Crown land managers—the Minister.

Any person who—

held an appointment as an authorised person for the purposes of Division 5 of Part 7 of the Crown Lands Act 1989 immediately before that Act’s repeal, and

is not a person of the kind referred to in paragraph (a), (b) or (c) of the definition of authorised person in subclause (1),

is taken to be an authorised person for the purposes of this Division for the period of 12 months commencing on the day this clause commences.

A responsible manager of dedicated or reserved Crown land may, by a public notice displayed at or adjacent to each entrance to the land, do any of the following—

specify the times during which the land or any part of the land is to be open to the public,

close to the public the whole or any part of the land or any structure or enclosure in or on the land (but only temporarily or periodically if the land is dedicated or reserved for public recreation),

restrict or regulate in any other way the purposes for which the whole or any part of the land, or any structure or enclosure in or on the land, may be used,

prohibit the use of the whole or any part of the land, or any structure or enclosure in or on the land, for any purpose specified in the notice.

A person must not enter or use dedicated or reserved Crown land or any structure or enclosure in or on the land (or any part of the land or a structure or enclosure) in a way that is contrary to a public notice displayed under this clause.

Maximum penalty—50 penalty units.

The responsible manager of dedicated or reserved Crown land may set aside any part of the land (including any building or enclosure in or on the land) for any purpose for which the land may be used.

The setting aside is subject to, and must be consistent with, any plan of management for the dedicated or reserved Crown land.

A responsible manager of dedicated or reserved Crown land may, from time to time, determine the fees or charges payable in respect of any one or more of the following—

the use of the whole or any part of the land or any structure or enclosure in or on the land,

the parking or use of any vehicle or class of vehicles on the land,

the use of electricity, gas and water,

the disposal of rubbish and the cleaning of the land,

the removal of effluent.

A responsible manager of dedicated or reserved Crown land (other than land for a cemetery or crematorium) may, from time to time, determine the fees or charges payable in respect of entry to the whole or any part of the land or any structure or enclosure in or on the land.

In determining fees and charges, the responsible manager is to have regard to any contractual arrangements entered into by a responsible manager of the land.

The fees or charges payable under subclause (1) or (2) must be displayed in a public notice erected at or adjacent to each entrance to the dedicated or reserved Crown land or part of the land, or building or enclosure, to which the fees or charges relate.

If it is not reasonably practicable for fees or charges to be displayed in a public notice as provided by subclause (4), it is sufficient compliance with that subclause if—

the fees and charges are posted on a publicly accessible website, and

the erected public notice indicates that the fees and charges are posted on that website.

The responsible manager may in any particular case waive payment of any fee or charge determined under this clause.

The Minister may serve notice on a Crown land manager that is a responsible manager of the dedicated or reserved Crown land disallowing or varying any fee or charge as set out in the notice and the Crown land manager is to give effect to the Minister’s notice.

A person who enters dedicated or reserved Crown land or a part of the land or any structure or enclosure in or on the land (whether or not on payment of an entrance fee) enters subject to any conditions that—

are determined from time to time by a responsible manager of the land, and

are displayed in public notices erected at or adjacent to each entrance to the land or part or the structure or enclosure.

A responsible manager for the dedicated or reserved Crown land may designate entrance and exit points to and from the land, any part of the land or any structure or enclosure in or on the land by public notices displayed at or near those points.

A person must not enter or leave dedicated or reserved Crown land or part of the land (or a structure or enclosure) for which entrances or exit points have been designated as provided by subclause (2) by any other means than those entrances or points.

Maximum penalty—50 penalty units.

If a responsible manager of dedicated or reserved Crown land has designated an entrance point and determined an entrance fee for the land, any part of the land or any structure or enclosure in or on the land, a person must not enter the land or part or the structure or enclosure unless—

the person pays that entrance fee, and

the person enters as directed by public notices displayed at or adjacent to an entrance point where any entrance fee demanded is payable.

Maximum penalty (subclause (4)): 50 penalty units.

A person must not do any of the following on dedicated or reserved Crown land—

damage, deface or interfere with any structure, sign, public notice, descriptive plate, label, machinery or equipment on the land, or

obstruct any authorised person or employee of, or contractor to, a responsible manager of the land in the performance of the authorised person’s duty or the employee’s or contractor’s work on the land, or

bring in or on to the land any animal that is diseased or a pest, or

walk over, mark, scratch or otherwise mutilate, deface, injure, interfere with, remove or destroy any Aboriginal object in or on the land, or

remain in or on the land or any part of the land or any structure or enclosure in or on the land when reasonably requested to leave by an authorised person, or

bring into or leave on the land any refuse, waste material, scrap metal (including any vehicle or vehicle part), rock, soil, sand, stone or other similar substance.

Maximum penalty—50 penalty units.

It is a defence to the prosecution of an offence against this clause if the defendant proves that there was a reasonable excuse for the conduct that is alleged to give rise to the offence.

In this clause—

Aboriginal object has the same meaning as in the National Parks and Wildlife Act 1974.

A person does not commit an offence against a provision of this Division in relation to dedicated or reserved Crown land if the conduct giving rise to the offence was—

by an authorised officer or a board member, officer or employee of the responsible manager of the land in the exercise of their functions, or

in accordance with the conditions (whether express or implied) of a holding, or

under the direction or with the written consent of a responsible manager of the land.

The consent of a responsible manager may be given generally or in a particular case.

Nothing in this clause permits a responsible manager (or a person referred to in subclause (1) (a)) to consent to the doing of any thing on the land that is prohibited by the Act or any other law (except this Division).

A public notice that had effect for a reserve immediately before the repeal of the Crown Lands (General Reserves) By-law 2006 under a provision of the By-law specified in Column 1 of the following Table continues in effect for the same land under the corresponding provision of this Regulation specified in Column 2 opposite as if the notice had been displayed by the responsible manager of the land—

Table

Column 1

Column 2

Provision of Crown Lands (General Reserves) By-law 2006

Corresponding provision of this Regulation

Clause 16

Clause 5

Clause 18

Clause 7

Clause 19

Clause 8

For the purposes of section 9.2 (1) (g) (ii) of the Act, the following kinds of matter are prescribed—

vehicles or parts of them,

water craft or aircraft or parts of them,

household effects, appliances, materials or waste,

clothing,

agriculture, building, commercial or industrial materials or waste,

machinery, plant or equipment or parts of them,

chemicals or metals,

vegetable matter,

stone, sand, shells, clay, earth or ash,

radioactive material,

hospital or biological waste,

abattoir waste,

toxic or hazardous waste,

computers, televisions, printers and other electronic devices,

liquid waste.