Wilderness Protection Regulations 2021

These regulations may be cited as the

Wilderness Protection

Regulations 2021.

These regulations come into operation on the day on which they are made.

In these regulations, unless the contrary intention appears—

Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim

Aboriginal descent;

Act means the Wilderness

Protection Act 1992;

aircraft includes a glider or balloon capable of carrying a person;

cave means a cave in a wilderness protection area or wilderness protection zone and includes any natural cavity in the earth's surface;

co‑managed wilderness protection area means a wilderness protection area in relation to which a co‑management agreement is in force under Part 3 Division 4 of the

Act;

co‑managed wilderness protection zone means a wilderness protection zone in relation to which a co‑management agreement is in force under Part 3 Division 4 of the

Act;

co‑management agreement means a co‑management agreement under Part 3 Division 4 of the

Act;

co‑management board for a co‑managed wilderness protection area or co‑managed wilderness protection zone means a board established under Part 3 Division 4 of the Act;

drive includes ride;

exotic plant means a plant that is not a native plant;

filming means taking moving or still pictures by any means;

motor vehicle has the same meaning as in the

Motor Vehicles

Act 1959;

protected animal has the same meaning as in the

National Parks and Wildlife

Act 1972;

relevant authority means—

in relation to a co‑managed wilderness protection area or a co‑managed wilderness protection zone for which there is a co‑management board—the co‑management board for the wilderness protection area or the wilderness protection area; or

in any other case—the Director;

take has the same meaning as in the

National Parks and Wildlife

Act 1972;

unprotected animal means an animal (including fish and invertebrates) that is not a protected animal;

vessel includes a boat, jet‑ski, sailboard, raft, pontoon and hovercraft.

If the co‑management board for a co‑managed wilderness protection area or co‑managed wilderness protection zone is suspended under the Act (by virtue of section 43I of the

National Parks and Wildlife

Act 1972 as that section applies under section 33A of the Act), a reference in these regulations to the

relevant authority will be taken to be a reference to the

Director.

These regulations do not apply to a co‑managed wilderness protection area or co‑managed wilderness protection zone constituted of

Aboriginal‑owned land.

A warden is not subject to these regulations in relation to the performance of the warden's functions or the exercise of the warden's powers as a warden and a person who is an employee of the Department is not subject to these regulations in relation to the performance of the duties of the person's employment.

For the purposes of section 13(1) of the Act, a person has prescribed qualifications if the person—

has completed satisfactorily the training necessary for appointment as a police officer of the Commonwealth or a State or a Territory of the

Commonwealth; or

is an employee of the Australian Border Force of the Commonwealth;

or

is a customs officer of the Commonwealth Department of Immigration and Border Protection; or

is an employee or has, within the 2 years preceding the appointment, been an employee in an administrative unit or department of the government of another State or a Territory of the Commonwealth if the unit or department is responsible for wildlife conservation; or

holds any other qualification approved by the

Minister.

A person must not enter or remain in a wilderness protection area or wilderness protection zone unless the appropriate entrance fee fixed by the relevant authority has been paid in respect of the person's entry into the area or zone.

Maximum penalty: Maximum penalty: $1 250.

Expiation fee: $150.

The relevant authority may, by notice in the Gazette—

give notice of the hours during which a wilderness protection area or wilderness protection zone is open to the public; and

vary or revoke a notice under paragraph (a).

The relevant authority may close a wilderness protection area or wilderness protection zone, or part of such an area or zone—

if a total fire ban is in force in an area that includes all or

part of the area or zone, or the risk of uncontrolled fire in the area or zone is, in the relevant authority's opinion, extreme; or

if the staff necessary to patrol the area or zone are unavailable;

or

if it is, in the relevant authority's opinion, in the interest of public safety to close the area or zone; or

if the closure is in accordance with a plan of management for the area or zone.

A person must not, without the permission of the relevant authority, enter or remain in a wilderness protection area or wilderness protection zone when the area or zone is closed to the public. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

A person must not, without the permission of the relevant authority, enter or remain in a particular part of a wilderness protection area or wilderness protection zone when that part of the area or zone is closed to the public. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

The relevant authority may set aside—

a wilderness protection area, or part of an area; or

a wilderness protection zone, or part of a zone, as an area in which a particular activity may be undertaken by persons visiting the wilderness protection area or wilderness protection zone (as the case requires).

One method by which the relevant authority may set aside the whole or part of a wilderness protection area or wilderness protection zone under subregulation (1) is by notice in the Gazette setting aside the wilderness protection area, or part of that area, or the wilderness protection zone, or a part of that zone, (as the case requires) for that purpose.

A notice may impose conditions in relation to the activity and the relevant authority may vary or revoke a notice at any time by subsequent notice in the Gazette.

A person must not contravene or fail to comply with a condition. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

A person must not, without the permission of the relevant authority, drive or tow a vehicle in a wilderness protection area or wilderness protection zone except on a road or track set aside for that purpose by the relevant authority. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $150.

A person must not, without the permission of the relevant authority, drive a vehicle in a wilderness protection area or wilderness protection zone—

at a speed exceeding the speed fixed by the relevant authority as the speed limit; or

if no speed limit has been fixed by the relevant authority—at a speed exceeding 40 kilometres per hour. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $150.

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 wilderness protection area or wilderness protection zone. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $150.

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

A person must not, without the permission of the relevant authority, use an aircraft on land or water in a wilderness protection area or wilderness protection zone. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

A person must not, without the permission of the relevant authority, jump into a wilderness protection area or wilderness protection zone from an aircraft or use an aircraft for the purpose of dropping or lowering an object into such an area or zone. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $150.

A person must not, without the permission of the relevant authority, fly a drone or other remotely piloted aircraft over a wilderness protection area or wilderness protection zone. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

This regulation is subject to any law of the Commonwealth to the contrary.

A person must not, without the permission of the relevant authority, launch, or use, a vessel on a lake, river or other body of water in a wilderness protection area or wilderness protection zone unless the water has been set aside by the relevant authority for the use of vessels of that kind.

Maximum penalty: Maximum penalty: $1 250.

Expiation fee: $100.

A person must not, without the permission of the relevant authority, camp in a wilderness protection area or wilderness protection zone except in an area set aside for that purpose by the relevant authority. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.

A person must not camp in a wilderness protection area or wilderness protection zone unless the appropriate camping fee fixed by the relevant authority has been paid in respect of the person's use of the camping site. Maximum penalty: Maximum penalty: $1 250. Expiation fee: $100.