Western Sydney Parklands Regulation 2019

This Regulation is the Western Sydney Parklands Regulation 2019.

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note.

This Regulation replaces the Western Sydney Parklands Regulation 2013, which is repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

animal means any non-human mammal or any bird, fish, reptile, amphibian, crustacean, insect, arachnid, arthropod or mollusc.

authorised officer means—

a ranger, or

a police officer, or

a person appointed for the time being by the Chief Executive as an authorised officer for the purposes of the provision in which the expression is used.

Note.

A person may be appointed as an authorised officer generally or for the purposes of specific provisions of this Regulation.

building includes any part of a building.

fenced off means surrounded by a fence, barricade or other structure with no open pedestrian or vehicular access.

liquor has the same meaning as in the Liquor Act 2007.

motor vehicle has the same meaning as in the Road Transport Act 2013.

Note.

Motor vehicle includes motorcycle.

relevant authority means the Trust, the Chief Executive or an authorised officer.

sign includes a board, post, banner, notice or painted marking, flag or electronic or similar device, whether temporary or permanent.

the Act means the Western Sydney Parklands Act 2006.

vehicle includes the following—

a motor vehicle,

a bicycle,

a trailer or caravan, whether or not it is in the course of being towed,

an apparatus that is propelled by human or mechanical power, or by the wind, and is wholly or partly used for the conveyance of persons or things, other than a wheelchair, pram or stroller,

a motorised wheelchair that is capable of a speed of more than 10 kilometres per hour over level ground,

a vehicle that is being drawn by an animal,

an animal that is being ridden or is drawing a vehicle,

a boat, raft, canoe, ski, barge or other vessel,

but does not include a train or a wheeled toy or a wheeled recreational device (such as rollerblades or a skateboard).

Note.

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

A reference in this Regulation to Trust land includes a reference to any part of Trust land.

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

For the purposes of section 47 (1) of the Act, the class of persons consisting of persons who are engaged by the Trust under a contract to provide services to the Trust is prescribed.

A person of the class referred to in subclause (1) who is appointed as a ranger under the Act is subject to the control and direction of the Trust while exercising the functions of a ranger.

The Trust or the Chief Executive may—

close Trust land to the public, or

close any building within Trust land to the public.

The Trust or the Chief Executive may take action under this clause by means of the display of a sign on or adjacent to the Trust land or building concerned.

A person must not enter (whether on foot, by vehicle or otherwise) Trust land, or any building within Trust land, that is fenced off, or locked, or closed to the public by a sign displayed under this clause, except with the written permission of the Trust or the Chief Executive.

Maximum penalty—10 penalty units.

The Trust may limit the number of persons who may enter or remain on Trust land or any building within Trust land.

The Trust may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust land or building concerned.

A person must not enter or remain on Trust land, or any building within Trust land, in contravention of a direction given or sign displayed under this clause.

Maximum penalty—10 penalty units.

The Trust or the Chief Executive may designate any Trust land or any building within Trust land (a designated space) for use for the purpose of—

an organised sporting activity, or

an organised entertainment, or

an organised ceremony or other event, or

any other organised activity.

The Trust or the Chief Executive may take action under this clause by means of a direction or the display of a sign on or adjacent to the Trust land or building concerned.

A person may, with the written permission of, and in the manner approved by, the Trust or the Chief Executive—

use a designated space for the purpose for which it is designated, and

designate points on the perimeter of the designated space as entrances for persons attending the organised activity, entertainment, ceremony or event concerned by a sign displayed adjacent to those points, and

prevent people from entering the designated space other than through those entrances, and

prevent people from entering the designated space without paying a fee approved by the Trust or the Chief Executive.

The use of Trust land, or a building within Trust land, in accordance with a permission granted under this clause is not a contravention of clause 17.

The Trust or the Chief Executive may also designate Trust land, or any building within Trust land, as land that may be used for specified activities (such as fishing or riding pedal-cars or similar devices) that are not organised activities by a sign displayed on or near the land concerned.

A person who does any of the following on Trust land must leave the Trust land if directed to do so by a relevant authority—

trespasses,

causes inconvenience to any person,

contravenes this Regulation.

A direction given under this clause may specify any one or more of the following—

the part of Trust land to which the direction relates,

the period within which the person must leave the Trust land concerned,

the period during which the person must not return to the Trust land concerned.

In specifying a period under subclause (2) (b) or (c), a relevant authority must take into consideration the seriousness and persistence of the conduct concerned.

A person who fails to comply with a direction given under this clause may be removed from Trust land by a relevant authority.

A person who leaves or is removed from Trust land under this clause must remove any equipment, vehicle or animal (whether alive or dead), or any other item belonging to or associated with the person, from Trust land.

Maximum penalty—10 penalty units.

A person must not remain on, enter or return to Trust land in contravention of a direction given under this clause.

Maximum penalty—10 penalty units.

The Trust may do any one or more of the following—

prohibit the entry of any vehicle to Trust land,

regulate or otherwise control the entry of any vehicle to Trust land,

refuse to admit any vehicle to Trust land.

The Trust may take action under this clause by means of a direction or the display of a sign.

A person must not do anything in contravention of a direction given or sign displayed under this clause.

Maximum penalty—10 penalty units.

The Trust may designate a point on the perimeter of Trust land as an entrance to Trust land for any vehicle by a sign displayed adjacent to that point.

A person must not drive or ride any vehicle onto Trust land other than at a point designated in accordance with this clause.

Maximum penalty—10 penalty units.

The Trust may designate the times during which a point of entrance to Trust land is open to vehicles (the gate opening times)—

by a sign displayed adjacent to that point, or

by public notice, including by notice published on a website maintained by the Trust.

A person must not drive or ride a vehicle (other than a bicycle) onto or within Trust land outside the gate opening times, except with the permission of a relevant authority.

Maximum penalty—10 penalty units.

The Trust is entitled to require payment of a fee (not exceeding $100) determined by it for the opening of a gate outside the gate opening times to permit the removal of a vehicle from Trust land.

An authorised officer may require and receive any fee determined under subclause (3).

The Trust or the Chief Executive may designate dates and times during which all vehicles or a class of vehicles must not be on Trust land (a vehicle-free period).

The Trust or the Chief Executive may take action under this clause by means of—

the display of a sign, or

public notice, including by notice published on a website maintained by the Trust.

A person must not drive or ride a vehicle onto or within Trust land during a vehicle-free period except with the permission of the Trust or the Chief Executive.

Maximum penalty—10 penalty units.

Without limiting the way in which permission referred to in subclause (3) may be granted, permission may be granted—

by the display of a sign, or

by public notice (including by notice published on a website maintained by the Trust) or advertisement, or

in relation to any function or meeting to be held on Trust land—by notice in writing to the organiser of the function or meeting.

Without limiting clause 36, it is a condition of a permission referred to in subclause (3) that the person driving or riding the vehicle concerned complies with any reasonable directions given by an authorised officer in relation to the vehicle.

The Trust is entitled to require payment of a fee (not exceeding $100) determined by it for the opening of a gate during a vehicle-free period to permit the removal of a vehicle from Trust land.

An authorised officer may require and receive any fee determined under subclause (6).