Place Management NSW Regulation 2022

This Regulation is the Place Management NSW Regulation 2022.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Place Management NSW Regulation 2017, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

The Dictionary in Schedule 3 defines words used in this Regulation.

Note—

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

In this Regulation, a reference to the public domain includes a reference to a part of the public domain.

For the Act, section 6(e), the following land is declared to be core land—

land at Ballast Point, Birchgrove bordered by Wharf Road, Ronald Street, Mort Bay and Snails Bay comprising the following lots—

Lots 1–4, DP 115939, excluding the leasehold interest of Energy Australia under registered lease N700214 over part of Lot 1, DP 115939,

Lot 7, DP 132691,

Lot 11, DP 792332,

Lot 413, DP 752049,

land at The Rocks, Circular Quay bordered by George Street, Argyle Street and First Fleet Park, comprising Lots 20–22, DP 787906.

In this Part—

fixture includes the following—

a flagpole,

a sculpture,

a sign,

a temporary structure.

Example—

An awning, decoration, enclosure or screen

A person must not do the following in the public domain—

leave litter, except in a rubbish bin,

bring in waste,

climb a tree,

damage or remove a tree or other vegetation,

suspend a thing from, or attach a thing to, a tree,

dig up soil, sand, stone or a similar substance,

bathe or swim.

Maximum penalty—20 penalty units.

A person must not do the following in the public domain—

damage or remove a building, fixture or piece of equipment,

attach a decoration or sign to a building, fixture or piece of equipment,

erect a fixture,

climb a fixture,

dig up or disturb a sealed surface,

allow a vehicle to leak an unreasonable amount of oil or similar fluid onto a sealed surface.

Maximum penalty—20 penalty units.

In this section—

damage includes paint and graffiti.

unreasonable amount, of oil or similar fluid leaked by a vehicle, means an amount exceeding what a properly maintained vehicle of that kind could reasonably be expected to leak.

A person must not do the following in the public domain—

annoy, capture or injure an animal,

interfere with an animal’s habitat,

abandon an animal,

possess a trap or device for hunting or capturing animals.

Maximum penalty—20 penalty units.

Place Management NSW may use signs to designate an area as—

a no-animals area, or

an off-leash area.

An area may be designated under subsection (1)—

for certain times of the day, and

for different times on different days.

A person must not do the following in the public domain—

bring in, or be in charge of, a dog that is not on a leash, other than in an off-leash area,

bring in, or be in charge of, more than 4 unleashed dogs in an off-leash area,

bring in an animal other than a dog,

leave an animal unattended unless it is tethered,

bring an animal into a no animals area.

Maximum penalty—20 penalty units.

Subsection (3) does not—

prohibit a person with a disability from bringing an assistance animal into the public domain, or

apply to a police officer using an animal for police purposes.

A ranger or a police officer may remove an animal from the public domain if it is brought in or unleashed in contravention of subsection (3).

Note—

See section 41 in relation to the removal of animals that have been abandoned.

A ranger must not, in removing an animal under subsection (5), use force against a person.

A person who is in charge of a dog must properly dispose of faeces deposited by the dog in the public domain.

Maximum penalty—20 penalty units.

In this section—

assistance animal and disability have the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.

A person must not use the following in the public domain—

a public address system, loudspeaker or similar device,

a motorised model aircraft, boat, car or similar thing.

Maximum penalty—20 penalty units.

A person must not do the following in the public domain—

erect a tent or similar temporary structure,

camp or otherwise sleep overnight.

Maximum penalty—20 penalty units.

Place Management NSW may use signs to—

designate an area as a wheeled recreation area, and

specify a maximum speed limit for the area.

The area may be designated—

for certain times of the day, and

for different times on different days.

A person must not use a wheeled recreational device in the public domain unless—

the person is in a wheeled recreation area, and

if Place Management NSW has specified a maximum speed limit for the area—the person complies with the speed limit.

Maximum penalty—20 penalty units.

A person must not do the following in the public domain in a way likely to cause a nuisance—

conduct or participate in a game or other activity,

use a musical instrument or other sound-generating device.

Maximum penalty—20 penalty units.

In this section—

cause a nuisance means—

cause a nuisance to another person in the public domain, or

unreasonably interfere with the amenity of the public domain.

wheeled recreational device has the same meaning as in the Road Rules 2014.

A person must not do the following in the public domain—

light a fire,

light a barbecue or stove, except cooking facilities provided by Place Management NSW,

set off a firework,

land or launch an aircraft, parachute, hang-glider, or similar thing.

Maximum penalty—20 penalty units.

A person must not cause a drone to fly over the public domain.

Maximum penalty—20 penalty units.

In this section—

aircraft means a machine designed to fly, including the following—

a helicopter,

a hot air balloon,

a drone.

A person must not—

launch a small water craft from the public domain into a harbour, or

land a small water craft in the public domain.

Maximum penalty—10 penalty units.