Crown Lands Regulations 2021

Crown Lands Regulations 2021

8 November 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Crown Lands Act 1976.

These regulations may be cited as the Crown Lands Regulations 2021.

These regulations take effect on 30 November 2021.

In these regulations –

Act means the Crown Lands Act 1976;

authorised person, in relation to Crown land, means – the Director-General; or a bailiff; or if the Crown land is a public reserve, the managing authority of the public reserve; or a ranger;

authority means an authority in force under Division 5 of Part 2;

bailiff means a bailiff of Crown lands specified in or appointed under section 11 of the Act;

camping means residing temporarily in a tent, caravan, cabin, vehicle, trailer or other similar structure or conveyance;

chainsaw includes any mechanical device that is capable of cutting timber;

drive includes ride, take, use and be in charge or control of a vehicle;

Government House land means the area of Crown land described in Schedule 1 to the Government House Land Act 1964;

hunting equipment means any implement, weapon, apparatus or material that – is capable of being used for the taking of any wildlife or any product of wildlife; or is incapable of being so used because of – the absence of, or a defect in, a part of the implement, weapon, apparatus or material; or the presence of an obstruction;

product of wildlife has the same meaning as in the Nature Conservation Act 2002;

ranger has the same meaning as in the National Parks and Reserves Management Act 2002;

road, in relation to Crown land, means – a road or track constructed by, or on behalf of, an authorised person, in relation to the Crown land, with a surface suitable for the use of vehicles; or a place set aside by an authorised person, in relation to the Crown land, for the parking of vehicles;

stock includes – goats, horses, oxen, sheep, swine, cervids and camelids; and poultry of any kind; and oysters, mussels, abalone, scallops and clams; and fish of the family Salmonidae and goldfish;

structure includes a hide constructed, or used, to conceal a person;

vehicle has the same meaning as in the Traffic Act 1925;

vessel has the same meaning as in the Marine and Safety Authority Act 1997;

wildlife has the same meaning as in the Nature Conservation Act 2002.

These regulations do not apply to Crown land that is set aside in accordance with section 12 of the Act.

Except in accordance with an authority, a person must not, in a public reserve, drive a vehicle off a road. Fine not exceeding 5 penalty units.

An authority may specify the place to, and the route along which, a vehicle may, in a public reserve, be driven off a road.

The holder of an authority to drive a vehicle, in a public reserve, off a road must comply with the authority. Fine not exceeding 5 penalty units.

The managing authority of a public reserve may display any sign or notice in the public reserve – prohibiting or restricting the driving, or leaving, of vehicles in the public reserve; or giving instructions as to the use of a road, in the public reserve, by vehicles.

A person must comply with a sign or notice displayed in a public reserve under subregulation (1). Fine not exceeding 5 penalty units.

An authorised person may direct a person driving a vehicle in a public reserve not to drive on, or allow the vehicle to remain on, a road or part of a road, or to remove the vehicle from a road or part of a road, for the purpose of – regulating the use of a road in the public reserve; or avoiding inconvenience, or risk of danger, to a person in the public reserve.

A person must comply with each direction given to the person by an authorised person under subregulation (1). Fine not exceeding 5 penalty units.

A person is not guilty of an offence under these regulations in respect of failing to comply with a sign, or notice, displayed under these regulations if – an authorised person gives a direction under subregulation (1) that is inconsistent with the sign or notice; and the person has failed to comply with the sign or notice solely due to complying with the direction of the authorised person.

The managing authority of a public reserve may close a road in the public reserve by – erecting a barrier; or displaying a sign or notice.

A person must not drive a vehicle on a road in a public reserve if that road is closed. Fine not exceeding 5 penalty units.

Subregulation (2) does not apply to a person driving a vehicle on a road, that is closed under this regulation, in accordance with an authority.

The managing authority of a public reserve may give directions to an authorised person in relation to the removal or towing away of vehicles from the public reserve or a part of the public reserve.

Subject to a direction given by the managing authority, or an authorised person, under this Division, an authorised person may take charge of, and remove or tow away, a vehicle from a public reserve, if the authorised person believes on reasonable grounds that the vehicle is – a danger to a person, an animal or property; or an unattended obstruction to traffic; or unattended and abandoned.

The managing authority of a public reserve may display a sign or notice at or near water in the public reserve – prohibiting or restricting the use of vessels on all, or part, of the water; or giving directions with regard to the use of vessels on the water.

For the purpose of regulating the use of vessels on water in a public reserve, or for avoiding inconvenience or risk of danger to other persons in the public reserve, an authorised person may give directions to a person using, or proposing to use, a vessel – prohibiting the vessel from being taken on, or being allowed to remain on, the water; or requiring the removal of the vessel from the water.

A person using, or proposing to use, a vessel on water in a public reserve must comply with – each sign or notice, displayed under this regulation, in respect of the water or public reserve; and each direction given under this regulation in respect of the water. Fine not exceeding 5 penalty units.

Except in accordance with an authority, a person must not –

land an aircraft on, or take off in an aircraft from, a place in a public reserve, other than in an emergency; or land a remote-controlled flying device on, or enable a remote-controlled flying device to take off from, a place in a public reserve; or drop any article from an aircraft, or remote-controlled flying device, into a public reserve; or take an aircraft, or remote-controlled flying device, over a public reserve for the purpose of dropping an article into the public reserve.

Fine not exceeding 5 penalty units.