Wellington Park Act 1993

The Governor may make regulations for the purposes of this Act.

Without limiting subsection (1), regulations under this Act may make provision for or with respect to the care, control and management of any part of Wellington Park and, in particular, may make provision for or with respect to – the preservation or protection of the fauna or flora of Wellington Park or of any living things kept in or on Wellington Park; and the preservation and protection of potable water supplies; and the prevention of damage or injury to Wellington Park or the property or other things in or on Wellington Park; and the preservation or protection of the property or other things in or on Wellington Park; and the prohibition or control of the removal of any property or other things from Wellington Park; and the prohibition or control of the bringing into, or over, or the use or possession in or over, Wellington Park of any conveyance or thing; and the conduct of persons in Wellington Park; and the exclusion or rejection of persons from Wellington Park or any part of Wellington Park; and the issuing of licences and permits in connection with the management of Wellington Park for any purpose that is consistent with the purposes for which it is set aside and with any management plan and the transfer, cancellation or suspension of such licences and permits; and the terms and conditions to which a licence or permit referred to in paragraph (i) may be subject; and the making and collection of charges for admission to Wellington Park or any part of Wellington Park or for the use of a public highway in Wellington Park.

Regulations may not be made under this section prohibiting any person from entering, or remaining in, any area of Wellington Park (other than a restricted area) unless – a prohibition is imposed on account of that person's conduct or condition; or the prohibition is a prohibition on that person entering, or remaining in, that area otherwise than in the company of a prescribed person; or that prohibition is necessary for the proper care, control or management of that area.

Regulations made under this section may confer powers and discretions on the Trust and on authorized officers in relation to the matters referred to in subsection (2).

Subject to subsection (6), the powers referred to in subsection (4) include power, in such cases or circumstances as may be prescribed, to seize, destroy or kill creatures found in or on Wellington Park.

Regulations made under this section may not authorize the destruction or killing of a creature unless – that creature is not under the proper and efficient control of some person; or its presence on Wellington Park is, in the opinion of the person authorized to seize it, causing or likely to cause injury to or damage to, or likely to disturb, the fauna or flora of Wellington Park, or any living things kept in or on Wellington Park.

Without limiting the generality of subsection (1), regulations under this section may – make provision for or with respect to – the payment and collection of fees by any person in relation to any Act, matter or thing done or arising under this Act; and the remission of, or exemption from liability for, any such fees; and be of general or specially limited application; and authorize any act, matter or thing in relation to which they may be made to be from time to time determined, applied or regulated by such person as is specified in the regulations for the purpose, being the Minister, the Trust, the Director or an authorized officer.

Regulations under this section may be made subject to such conditions, or be made so as to apply differently according to such factors as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

Regulations under this section may – provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

Action does not lie in respect of the failure of any person to exercise the power conferred on that person by regulations made under this section to exclude or reject any other person from Wellington Park.

Nothing in the regulations made for the purposes of this Act prohibits the doing of anything required to be done for the purposes of complying with any other Act.