Territory Parks and Wildlife Conservation By-Laws 1984

In these By‑laws:

airboat means a vessel propelled by an aircraft-type propeller or fan.

Aquaculture licence, see by-law 27A.

authorised officer, for Part 5A, see by‑law 46A.

authorised receptacle means a receptacle for the disposal of rubbish provided on a park or reserve.

camp includes:

(a) stay overnight in a vehicle, vessel, tent or other temporary shelter; and

(c) prepare a temporary shelter or park or moor a vehicle or vessel for the purpose of staying overnight.

camping area means a part of a park or reserve designated under by‑law 8(1) as a camping area.

category A means a camping area with a high degree of site maintenance and facilities provided by the Commission which includes showers and septic, chemical or sewered toilets, and may include lawned areas, receptacles, picnic tables, cooking facilities or serviced barbecues, tap water and individual camp sites.

category B means a camping area:

(a) with a basic to moderate degree of site maintenance and facilities provided by the Commission, which may include toilet facilities, picnic tables, tap water and barbecues; or

(b) classified by the Commission as a youth camping area or an outdoor education camping area and that has a variable degree of site maintenance and facilities.

category C means a camping area:

(a) that is managed commercially under a permit issued by the Commission under by-law 13; and

category D means a camping area:

(a) that is classified by the Commission as a premium campground that has a variable degree of site maintenance and facilities; and

(b) that provides an exclusive camping experience, by reason of having a locked gate, being limited in quantity or being in an exceptional location.

commercial fishing licence, see by-law 27A.

declared park or reserve means a park or reserve declared by the Commission under by-law 6A(1).

designated under by‑law 51, for an area, means designated under a sign or notice erected, placed or displayed in a park or reserve under by‑law 51.

driver, for a vehicle or vessel, means a person in control of the vehicle or vessel.

fire means a fire consuming a gaseous, liquid or solid fuel.

firearm, see section 3(1) of the Firearms Act 1997.

Fishing Tour Operator licence, see by-law 27A.

infringement notice, see by-law 46B.

infringement offence, means an offence against a provision of these By‑laws specified in Schedule 4.

licence means a licence granted under the Motor Vehicles Act 1949 to drive a motor vehicle.

Limmen Bight Marine Park, see by-law 27A.

motor vehicle has the same meaning as in the Traffic Act 1987.

owner, for Part 5A, see by‑law 46A.

park or reserve includes land committed under a law of the Territory to the care, control and management of the Commission or which, under section 76(1) of the Crown Lands Act 1992, may be managed, regulated or controlled by the Commission.

parks pass, see by-law 6A(1).

possession, for an item, includes having control of the item.

prescribed amount, for an infringement offence, means the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 4.

provided means provided by the Commission.

relevant law, for Part 5A, see by‑law 46A.

tourist operator means a person conducting tours under a permit issued under by-law 13.

trap means a device that is made, adapted or used for capturing or constraining an animal.

vehicle has the same meaning as in the Traffic Act 1987.

vehicle pound means a yard or other place declared under by‑law 36 to be a vehicle pound.

weapon means an instrument capable of inflicting harm to a person or wildlife, and includes a device that is capable of discharging a projectile.

(1) Subject to by-law 6, unless otherwise provided in its plan of management, a park or reserve is open to the public:

(a) if the park or reserve is specified in Schedule 2 – during the times specified in Schedule 2 opposite the name of the park or reserve; or

(b) if the park or reserve is not specified in Schedule 2 – at all times.

(2) A person must not enter or remain in a park or reserve, or part of a park or reserve, other than at a time when the park or reserve, or the part of the park or reserve, is open to the public.

Maximum penalty: 4 penalty units.

(3) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse.

Note for by-law 5

A person's access to a park or reserve may be subject to a parks pass under by‑law 6A.

(1) The Commission may prohibit access to a park or reserve or part of a park or reserve if it is of the opinion that:

(b) the protection and preservation of the park or reserve or that part of the park or reserve may be interfered with; or

(c) disadvantage to the good order and management of the park or reserve may be caused;

by access to the park or reserve or that part of the park or reserve.

(2) The Commission may prohibit access to a park or reserve or part of a park or reserve by a person or persons included in a class of persons where it is of the opinion that:

(b) the protection and preservation of the park or reserve or that part of the park or reserve may be interfered with;

by access to the park or reserve or that part of the park or reserve by that person or persons included in that class of persons.

(b) prominently displayed at all entrances to the park or reserve or part of the park or reserve to which the prohibition relates.

(4) A person who, or a person included in a class of persons which, is prohibited under clause (1) or (2) from entering a park or reserve or part of a park or reserve must not enter the park or reserve or that part of the park or reserve.

Maximum penalty: 8 penalty units.

(5) It is a defence to a prosecution for an offence against clause (4) if the defendant proves that his or her presence in the park or reserve or the part of the park or reserve was:

(1) The Commission may, by Gazette notice, declare a park or reserve to be a park or reserve for which a parks pass is required to access the park or reserve.

(2) A person must obtain a parks pass to access a declared park or reserve unless the person is a resident of the Territory.

(3) The person may, on payment of a fee, obtain a parks pass from the Commission.

(3A) A tourist operator may, on payment of a fee, obtain a parks pass from the Commission on behalf of each person who is part of a tour conducted by the tourist operator.

(4) The person's access to the declared park or reserve under the parks pass is subject to by-laws 5 and 6.

resident of the Territory means a person whose usual place of residence is in the Territory.

(1) The Commission may declare an area of water in a park or reserve to be a prohibited area if it is of the opinion that the entry of a person into that area of water would be likely to:

(a) result in the exposure of the person to danger or to a health hazard; or

(b) give rise to circumstances constituting a hazard to the health or safety of other persons.

(2) If the Commission makes a declaration under clause (1), it must cause to be erected, as close to the area of water as is reasonably practicable, a sign bearing:

(3) A person must not enter an area of water in respect of which a declaration is in force under clause (1).

Maximum penalty for an offence against clause (3):

8 penalty units.

(1) The Commission may, by means of clearly marked signs, designate an area within a park or reserve as a camping area.

(1A) The Commission must classify a camping area as category A, category B, category C or category D.

(a) in a camping area, in accordance with a camping booking receipt issued by the Commission; or

Maximum penalty: 8 penalty units and 1 penalty unit for each day during which the offence continues.

Note for clause (2)

A person who contravenes a condition of a camping booking receipt or permit commits an offence under this clause.

(3) A person must not camp in a camping area for more than 14 days in a 28 day period.

Maximum penalty: 8 penalty units and 1 penalty unit for each day during which the offence continues.

(4) If a conservation officer reasonably believes a person has contravened clause (2) or (3), the officer may direct the person to remove anything used for camping in contravention of clause (2) or (3) to a place specified by the officer.

Maximum penalty: 8 penalty units and 1 penalty unit for each day during which the offence continues.

(6) An offence against clause (2), (3) or (5) is a regulatory offence.

(1) The Commission may prohibit the use of vehicles in a park or reserve or part of a park or reserve:

(b) prominently displayed at all entrances to the park or reserve or the part of the park or reserve to which the prohibition relates.

(3) A person must not use a vehicle in contravention of a prohibition that is in force.

Maximum penalty: 8 penalty units.

(4) It is a defence to a prosecution for an offence against clause (3) if the defendant proves the use of the vehicle was due to the existence of an emergency.

(1) The Commission may, if it is of the opinion that the use of vessels propelled by power, or vessels included in a class of vessels propelled by power, would be likely to damage a park or reserve or interfere with the management of wildlife or with the enjoyment or safety of other persons, determine that an area of water in a park or reserve is an area in which the use of vessels:

is prohibited.

(2) The power of the Commission to specify a vessel or a class of vessels propelled by power includes a power to specify a class by reference to:

(a) the manner in which the vessel or the class of vessels is so propelled; and

(b) the type, size, capacity or power of the engine by which the vessel or class of vessels is so propelled.

(3) If the Commission makes a determination under clause (1), it must cause to be erected, as close to the area of water as is reasonably practicable, a sign bearing:

(b) where the determination relates to vessels included in a class of vessels propelled by power – a description of the class of vessels the use of which is prohibited; and

(5) A person must not, except in accordance with a permit issued by the Commission:

(a) use a vessel propelled by power on an area of water in respect of which a determination under clause (1)(a) is in force; or

(b) where a determination in respect of a class of vessels propelled by power is in force, use a vessel included in that class of vessels on an area of water in respect of which the determination is in force.

Maximum penalty: 4 penalty units.

(6) It is a defence to a prosecution for an offence against clause (5) if the defendant proves that the use of the vessel or, for an offence against clause (5)(b), the use of a vessel included in a class of vessels in respect of which a determination is in force, was due to the existence of an emergency.

(1) The fees set out in Schedule 3 are payable in respect of the activities and services specified opposite.

(1A) Despite clause (1), the Commission may from time to time, as it thinks fit, determine that special rates may be applied in relation to a fee set out in Schedule 3 by way of a discount to or waiver of the fee in respect of a class or group of persons, such as educational, scientific or special interest groups, pensioners, students, families, tourist operators, residents of a locality or visitors returning to a park and the Commission must publish the special rates in a notice at the entrance to a park or reserve or at or near a place where fees are payable in a park or reserve, and in such other manner as it thinks fit.

(2) A person must not participate in or undertake an activity for which a fee is set out in Schedule 3 without having first paid that fee.

Maximum penalty: 1 penalty unit.

(3) A fee is not refundable where permission to participate in or undertake an activity in a park or reserve is revoked, or the person paying the fee does not take advantage of the facility or service for which the person has paid.

adult means a person who has attained the age of 18 years.

child means a person who has attained the age of 5 years but has not attained the age of 18 years.

family means not more than 2 adults and 4 children.