Forestry Regulations 2013

These regulations may be cited as the

Forestry

Regulations 2013.

In these regulations, unless the contrary intention appears—

Act means the Forestry Act 1950;

aircraft includes any hang‑glider, para‑glider, ultra‑light aircraft, gas or hot air balloon, or other similar craft;

animal includes any amphibian, bird, crustacean, fish, mollusc or reptile, but does not include an insect;

boat means any vessel or craft that is used, or is capable of being used, as a means of transportation on water;

drive includes be in control of;

firearm means a device from which any kind of shot, arrow, bullet or other missile can be discharged;

forest reserve includes a native forest reserve;

fossicking means the gathering of minerals—

as a recreation; and

without any intention to sell the minerals or to utilise them for a commercial or industrial purpose, but does not include the gathering of minerals by any means involving the disturbance of land or water by machinery or explosives;

lawful authority means authority pursuant to the

Act or these regulations and includes authority pursuant to—

a permit or other authority issued or provided by the Corporation;

or

a lease, licence, easement or other interest granted by the

Corporation;

minerals includes stone but does not include soil;

motor bike means a motor vehicle with

2 wheels, and includes a 2 wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel;

motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle;

night means the period between sunset on one day and sunrise on the next day;

ride, in relation to a motor bike or bicycle or an animal‑drawn vehicle, includes be in control of;

soil includes sand, clay and similar material;

take, in relation to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure;

trapping device means a trap, net, snare or other device designed to take or facilitate the taking of animals;

unprotected animal means an animal that is not a protected animal within the meaning of the National Parks and Wildlife Act 1972;

vehicle has the same meaning as in the

Road Traffic

Act 1961.

Nothing in these regulations derogates from the power of the

Corporation—

to deny a person access to, or require a person to leave, a forest reserve or part of a forest reserve as the Corporation thinks fit for the proper control and management of the forest reserve but subject to any lease, licence, easement or other interest, or any permit, granted and in force under the Act or these regulations; or

to authorise entry to or an activity in a forest reserve otherwise than by a permit under these regulations.

A person must not, without lawful authority, enter or remain in a forest reserve on a day on which the lighting or maintaining of fires in the open air for any purpose is banned under the Fire and Emergency Services Act 2005 throughout the State or a part of the State in which the forest reserve is situated.

Maximum penalty: Maximum penalty: $750.

Expiation fee: $105.

A person must not, without lawful authority, enter or remain in a forest reserve or part of a forest reserve contrary to the terms of notices erected with the approval of the Corporation at the entrances to that reserve or that part of the reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

In subregulation (1), a reference to an entrance to a forest reserve or part of a forest reserve is a reference to a place at which any established road or track intersects the boundary of that forest reserve or that part of the forest reserve.

A person must not, without lawful authority—

camp in a forest reserve overnight; or

enter a forest reserve before sunrise on any day; or

enter or remain in a forest reserve after sunset on any day.

Maximum penalty: Maximum penalty: $750.

Expiation fee: $105.

A person must not, without lawful authority, enter or remain in a cave or sinkhole in a forest reserve.

Maximum penalty: Maximum penalty: $750.

Expiation fee: $105.

A person must not, without lawful authority, light, maintain or use a fire in the open air in a native forest reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, at any time during the month of November, December, January, February, March or April in any year light, maintain or use a fire in the open air, or use a gas or electrical cooking appliance, heater or lamp in the open air, in a forest reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, light, maintain or use a fire in a forest reserve unless—

the fire is for cooking or personal comfort; and

the fire is contained—

in a fire place in the reserve that has been constructed by the

Corporation for that purpose; or

in a portable cooking appliance; and

the space immediately around and above the fire is cleared of all flammable material to a distance of at least 4 metres; and

the fire does not occupy an area in excess of

1 square metre; and

a person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;

and

an appropriate agent adequate to extinguish the fire is at hand. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, drive or ride a vehicle in a forest reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

Subregulation (1) does not apply to a person who drives or rides a vehicle in a forest reserve other than a native forest reserve—

on an established road or track (other than a road or track or part of a road or track that has been closed off by a sign or barrier erected with the approval of the Corporation); or

within 5 metres either side of such a road or track for the purpose only of parking or turning the vehicle.

A person must not leave a vehicle in a position that obstructs other vehicles from entering, leaving or proceeding along a road or track in a forest reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A warden may remove, or cause to be removed, a vehicle left in contravention of subregulation (3) and the Corporation may recover the reasonable costs of removal from the owner of the vehicle as a debt due to the

Corporation.

A person must not, without lawful authority, use a boat on any stream, creek, dam, reservoir, lake, sinkhole or other body of water in a forest reserve.

Maximum penalty: Maximum penalty: $750.

Expiation fee: $105.

A person must not, without lawful authority, land or otherwise use an aircraft in a forest reserve except in the case of an emergency. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, fly a drone or other unmanned aerial vehicle in a forest reserve. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, jump into a forest reserve from an aircraft or drop an object into a forest reserve from an aircraft. Maximum penalty: Maximum penalty: $750. Expiation fee: $105.

A person must not, without lawful authority, have control of, carry or use—

a firearm or trapping device; or

fireworks or explosives, in a forest reserve.

Maximum penalty: Maximum penalty: $750.

Expiation fee: $105.