1Objectives

The objectives of these Regulations are—

(a)

to regulate the recreational use of certain regulated watercourse land; and

(b)

to provide for the care, protection and management of certain regulated watercourse land; and

(c)

to provide for the management of campfires on certain regulated watercourse land.

2Authorising provision

These Regulations are made under section 413 of the Land Act 1958.

3Commencement

These Regulations come into operation on 1 September 2021.

4Definitions

In these Regulations—

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

camp means to use or have present in an area, for accommodation purposes, whether occupied or not—

(a)

equipment including a tent, sleeping bag, swag, tarpaulin or any form of accommodation, shelter or temporary structure; or

(b)

a vehicle, vessel or any other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

campfire means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;

dwelling means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it and includes a building that may, in addition to its primary residential use, be used for small-scale commercial activities;

licensed regulated land means regulated land that is under a licence under Division 8 of Part I or section 138 of the Land Act 1958;

miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

occupy, in relation to land, includes a person having the person's possessions on the land;

Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

regulated land means regulated watercourse land other than any of the following—

(a)

a forest park within the meaning of the Crown Land (Reserves) Act 1978;

(b)

a regional park within the meaning of the Crown Land (Reserves) Act 1978;

(c)

any land administered under the National Parks Act 1975;

(d)

any State Wildlife Reserve under the Wildlife Act 1975;

(e)

a metropolitan park within the meaning of the Crown Land (Reserves) (Metropolitan Parks) Regulations 2011;

(f)

a forest reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021^[1];

(g)

the Yarra Tributaries Forest Reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021;

regulated land manager means—

(a)

for regulated land that is Parks Victoria recorded land, Parks Victoria; or

(b)

for all other regulated land, the Secretary;

riparian management works means works to protect regulated land;

Examples

Riparian management works include planting of vegetation and revegetation of land.

tourist fossicking authority has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

unlicensed regulated land means regulated land that is not under a licence under Division 8 of Part I or section 138 of the Land Act 1958;

Note

Unlicensed regulated land may include land which is under a licence issued under section 52 of the Forests Act 1958.

vegetation means any alga, fungus or plant or part of an alga, fungus or plant, in any stage of biological development and whether alive or dead;

watercourse has the same meaning as in Part XII of the Land Act 1958.

5Application of Regulations to employees etc.

These Regulations, other than this Part, do not apply to a person if the person—

(a)

is acting as a servant or agent of the Crown; or

(b)

is acting under and in accordance with a contract with—

(i)

the Crown; or

(ii)

a person who is a servant or agent of the Crown; or

(c)

is acting under the direction of a person (the other person) while the other person is acting as a servant or agent of the Crown; or

(d)

is acting with the permission of a person (the other person) while the other person is acting as a servant or agent of the Crown; or

(e)

is an authorised officer acting in the course of the authorised officer's duties.

6Application of Regulations to licence, etc holders

(1)

A person does not commit an offence against these Regulations (other than a regulation specified in subregulation (2)) when acting under and in accordance with the terms and conditions of any permit, authorisation, lease, licence or consent granted under any Act, or agreement entered into under any Act.

(2)

For the purposes of subregulation (1), the following regulations are specified—

(a)

regulation 15;

(b)

regulation 17.

7Application of Regulations to members of traditional owner groups

(1)

If a traditional owner group entity has entered into a traditional owner group agreement, any of these regulations (other than a regulation specified in subregulation (2)) that provide for an offence to carry out an agreed activity under that agreement do not apply to a member of a traditional owner group—

(a)

who is bound by the agreement; and

(b)

who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.

(2)

For the purposes of subregulation (1), the following regulations are specified—

(a)

regulation 9;

(b)

regulation 15;

(c)

regulation 17;

(d)

regulation 19;

(e)

regulation 21(1) and (2);

(f)

regulation 22(1) and (2);

(g)

regulation 26;

(h)

regulation 31(1) and (2);

(i)

regulation 32(1);

(j)

regulation 33;

(k)

regulation 35;

(l)

regulation 36(1) and (2);

(m)

regulation 39;

(n)

regulation 40(1);

(o)

regulation 44(1).

8Determinations setting aside areas

(1)

If, under a regulation specified in subregulation (3), the regulated land manager is authorised to make a determination to set aside an area of regulated land as an area in which an activity or conduct is permitted, restricted or prohibited, the regulated land manager may include in the determination any conditions subject to which the activity or conduct must or must not be carried out.

(2)

If, under a regulation specified in subregulation (3), the regulated land manager makes a determination setting aside an area of regulated land as an area in which an activity or conduct is permitted, restricted or prohibited, the regulated land manager must erect or display signs or notices at or near the entrance to the area indicating—

(a)

the area that has been set aside under a determination; and

(b)

the nature of the determination; and

(c)

in the case of an activity or conduct that is permitted or restricted, the conditions subject to which the activity or conduct must be carried out.

(3)

For purposes of subregulations (1) and (2), the following regulations are specified—

(a)

regulation 18(1);

(b)

regulation 31(3) and (4);

(c)

regulation 32(2);

(d)

regulation 37(3) and (4)(a);

(e)

regulation 38(4);

(f)

regulation 40(2);

(g)

regulation 41(2);

(h)

regulation 42(2)(a);

(i)

regulation 43(4);

(j)

regulation 44(2).

9Offence not to comply with conditions of determination setting aside area

A person entering, or engaging in conduct or an activity in, an area of regulated land set aside by a determination under these Regulations must comply with any conditions included in the determination applying to the area.

Penalty: 10 penalty units.

10Issuing of permits

(1)

A permit issued under these Regulations authorises the holder to enter and use the area of regulated land specified in the permit—

(a)

for the purpose specified in the permit; and

(b)

for the period specified in the permit; and

(c)

subject to any terms and conditions in respect of the entry or use that are specified in the permit.

(2)

A permit issued under these Regulations must be in writing.

11Offence not to comply with terms and conditions of a permit

The holder of a permit issued under these Regulations must comply with any terms and conditions of the permit.

Penalty: 10 penalty units.

12Authorised officer may direct a person to cease contravention or leave regulated land

(1)

An authorised officer may, if satisfied on reasonable grounds that a person has contravened these Regulations, direct in writing that the person—

(a)

cease contravening these Regulations; or

(b)

leave the regulated land.

(2)

A direction given under subregulation (1)(b) may include a direction not to re-enter the regulated land for a period not exceeding 24 hours.

(3)

An authorised officer must not give a direction under subregulation (1) unless the authorised officer considers the direction is necessary for any of the following purposes—

(a)

to prevent the continuing contravention of these Regulations;

(b)

to avoid a further contravention of these Regulations;

(c)

for the care, protection or management of the regulated land.

(4)

For the purposes of subregulations (1) and (3), a contravention of these Regulations includes—

(a)

contravening a condition of a determination made under these Regulations; and

(b)

contravening a condition of a permit issued under these Regulations.

Land (Regulated Watercourse Land) Regulations 2021

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