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Nature Conservation (Protected Areas Management) Regulation 2024
1Short title
This regulation may be cited as the Nature Conservation (Protected Areas Management) Regulation 2024.
2Commencement
This regulation commences on 22 September 2024.
3Dictionary
The dictionary in schedule 10 defines particular words used in this regulation.
4Meaning of character of an area
(1)
In this regulation, the character, of an area, means the characteristics of the area that affect the enjoyment or experience of a person using the area for a purpose for which it is normally used.
(2)
For subsection (1), each of the following characteristics of an area affect the enjoyment or experience of a person using the area—
(a)
the extent to which the natural condition of the area has been, or is likely to be, modified by human activity, including, for example, by—
(i)
roads or other access routes; or
(ii)
buildings or other structures; or
(iii)
litter; or
(iv)
noise from human activity;
(b)
the extent to which the person is likely to experience social interaction with other people in the area, having regard to the normal amount of social interaction that would be reasonably expected in the area;
(c)
the extent of regulation of activities within the area, including, in particular, through signs, regulatory notices and enforcement activities.
5Meaning of commercial activity
(1)
An activity is a commercial activity in relation to a protected area if—
(a)
the activity is conducted for gain in, over or adjacent to the area; or
(b)
the activity is advertising or promoting the use of the area for gain.
Examples—
1 the hire or sale of goods or services in a protected area
2 a guided tour, scenic flight or cruise in, over or adjacent to a protected area
3 commercial photography of a protected area
4 advertising a protected area to promote a tour, scenic flight, tourist facility or resort
(2)
However, a commercial activity does not include—
(a)
an activity for which the use of a protected area is incidental to, and not integral to, the conducting of the activity; or
Examples for paragraph (a)—
1 a scheduled bus service through a protected area that is not a part of a tour
2 a trade service provided in a protected area for the chief executive or a person authorised to use the area
3 a vehicle towing or repair service provided in a protected area for a visitor to the area
(b)
an exempt media activity.
(3)
In this section—
exempt media activity means either of the following activities—
(a)
filming or photography—
(i)
that involves no more than 10 persons; and
(ii)
that does not involve the construction or use of prescribed equipment;
(b)
filming or photography in relation to an event—
(i)
that is conducted when, or as soon as practicable after, the event happens; and
(ii)
that is conducted for publishing a report of the event—
(A)
on television or in a newspaper, magazine or similar publication; and
(B)
to inform the public about the event; and
(iii)
that is a type of filming or photography the chief executive has stated is an exempt media activity on the department’s website.
6Meaning of organised event
(1)
An organised event is an event involving activities, other than commercial activities—
(a)
that includes the organised use of a protected area or part of a protected area; and
(b)
that is likely—
(i)
to have a detrimental impact on the area or part; or
(ii)
to affect the use of the area or part by other people.
Examples of events that may be organised events—
a showcase of historical vehicles, a trail run, training exercises conducted by the Australian Defence Force
(2)
For considering the impact or effect of an event mentioned in subsection (1) under this regulation, regard must be had to the following matters—
(a)
the location of the protected area or part;
(b)
the number of people, vehicles, animals or other resources involved in the event or likely to be in the area or part when the event is conducted;
(c)
the type of event;
(d)
the timing of the event;
(e)
any likely disturbance to the area or part as a result of conducting the event;
(f)
the extent to which conducting the event may restrict access to the area or part by the general public.
(3)
However, an organised event does not include an event involving activities conducted—
(a)
by a community or group of Aboriginal people under Aboriginal tradition in a protected area with which the community or group has a traditional, customary or historical link under Aboriginal tradition; or
(b)
by a community or group of Torres Strait Islander peoples under Ailan Kastom in a protected area with which the community or group has a traditional, customary or historical link under Ailan Kastom.
7Meaning of protected area authority
(1)
A protected area authority means any of the following permits for a protected area—
(a)
a resources permit;
(b)
an apiary permit;
(c)
a permit that is an activity permit under subsection (3).
(2)
A resources permit is a permit to take, use, keep or interfere with cultural or natural resources of a protected area.
(3)
An activity permit is any of the following permits for a protected area—
(a)
a camping permit;
(b)
a commercial activity permit;
(c)
an organised event permit;
(d)
a permit to enter a national park (scientific);
(e)
a permit to solicit donations or information;
(f)
a permit to use recreational craft;
(g)
a restricted access area permit;
(h)
a special activity permit;
(i)
a stock grazing permit;
(j)
a stock mustering permit;
(k)
a travelling stock permit.
8Meaning of relevant person
A relevant person, for the holder of a protected area authority, is—
(a)
if the holder is an individual—an employee or agent of the individual acting under the direction of the individual; or
(b)
if the holder is a corporation—an executive officer, employee or agent of the corporation acting for the corporation.
9Recreational craft—Act, schedule
For the schedule of the Act, definition recreational craft, paragraph (c), a land yacht is prescribed to be a recreational craft.
10References to wildlife
(1)
In this regulation, a reference to a species, category or class of wildlife is a reference to—
(a)
if the wildlife is an animal—the species, category or class of animal under the Nature Conservation (Animals) Regulation 2020; or
(b)
if the wildlife is a plant—the species or class of plant under the Nature Conservation (Plants) Regulation 2020.
(2)
The scientific names used for wildlife mentioned in this regulation follow the scientific references stated—
(a)
for an animal—in the Nature Conservation (Animals) Regulation 2020, section 7; or
(b)
for a plant—in the Nature Conservation (Plants) Regulation 2020, section 8.
11Measurement of position under regulation
(1)
In this regulation, position is defined by reference to GDA2020.
(2)
In this section—
GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
12Rounding of amounts expressed as numbers of fee units
(1)
This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.
(2)
For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—
(a)
if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or
(b)
if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(c)
if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or
(d)
if the result is more than $500—to the nearest dollar (rounding one-half upwards).
