1Objectives

The objectives of these Regulations are—

(a)

to provide for the management and control of parks and to regulate or prohibit certain conduct in relation to parks, so as to promote—

(i)

the preservation and protection of parks, flora, fauna and indigenous fish, cultural heritage and various other landscape features of, and facilities in, parks; and

(ii)

the protection of designated water supply catchment areas and other water supply catchment areas; and

(iii)

the safety, enjoyment, recreation and education of visitors to parks; and

(b)

to prescribe penalties for contravention of requirements in relation to occupation sites; and

(c)

to prescribe an area in Cape Howe Marine National Park in which a prescribed class of boat is prohibited; and

(d)

to prescribe the conditions for ministerial approvals under section 45B of the National Parks Act 1975; and

(e)

to prescribe other matters necessary or required to be prescribed under the National Parks Act 1975.

2Authorising provisions

These Regulations are made under sections 32AA, 37 and 48 of the National Parks Act 1975.

3Commencement

These Regulations come into operation on 30 August 2024.

4Revocations

The following Regulations are revoked—

(a)

the National Parks Regulations 2013^[1];

(b)

the National Parks Amendment Regulations 2015^[2];

(c)

the National Parks Amendment Regulations 2017^[3];

(d)

the National Parks Amendment Regulations 2018^[4];

(e)

the National Parks Amendment (Fisheries) Regulations 2020^[5];

(f)

the National Parks Amendment (Safety) Regulations 2020^[6].

5Definitions

(1)

In these Regulations—

Aboriginal cultural heritage has the same meaning as it has in the Aboriginal Heritage Act 2006;

Aboriginal group member, in relation to an area of a park, means an Aboriginal person who is—

(a)

one of the native title holders (within the meaning of the Native Title Act 1993 of the Commonwealth) in relation to the area; or

(b)

a group of persons to whom paragraph (c) of the definition of traditional owner group in the Traditional Owner Settlement Act 2010 applies;

Aboriginal person means a person belonging to the indigenous peoples of Australia and any descendants of those peoples;

Aboriginal tradition means any tradition, observance, custom or belief that is part of the body of traditions, observances, customs or beliefs—

(a)

of Aboriginal people generally or of a particular community or group of Aboriginal people; and

(b)

that relate to particular persons, areas, objects or relationships;

additional water supply catchment area means an area set aside under regulation 78;

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

aircraft, whether piloted or remote controlled, includes the following—

(a)

an aeroplane;

(b)

a glider;

(c)

a hang glider;

(d)

a helicopter;

(e)

a hot air balloon;

(f)

a model aircraft;

(g)

a parachute;

(h)

a paraglider;

(i)

a remotely piloted aircraft;

animal means any animal except any human or fish, whether vertebrate or invertebrate, in any stage of biological development and whether alive or dead;

appropriate authorisation, in relation to hog deer, wild duck or stubble quail, means—

(a)

a game licence issued under section 22A of the Wildlife Act 1975; or

(b)

an authorisation to hunt, take or destroy wildlife given under section 28A(1)(a) of that Act for a purpose specified in section 28A(1)(d) or (h) of that Act; or

(c)

an authorisation order to hunt, take or destroy wildlife made under section 28G(1)(a) of that Act;

camp means to do any of the following for accommodation purposes, whether occupied or not—

(a)

erect, occupy or use a tent, tarpaulin or any form of accommodation, shelter or temporary structure;

(b)

use a swag or sleeping bag;

(c)

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

Cape Conran duck hunting area means the part of Cape Conran Coastal Park that is shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑031;

cultural heritage has the same meaning as it has in the Heritage Act 2017;

fauna has the same meaning as it has in the Flora and Fauna Guarantee Act 1988 but does not include fish;

fireplace means a facility or device constructed of stone, metal, concrete or other non‑flammable material that is for the lighting and maintaining of fires;

Fishery Access Licence means an access licence of a class created under section 38 of the Fisheries Act 1995 and the regulations made under that Act;

flora has the same meaning as it has in the Flora and Fauna Guarantee Act 1988;

Gippsland Lakes duck and stubble quail hunting area means those parts of the Gippsland Lakes Coastal Park that are shown hatched and cross‑hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑032;

Gippsland Lakes hog deer hunting area means—

(a)

those parts of the Gippsland Lakes Coastal Park that are shown cross‑hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑032; and

(b)

those parts of the Gippsland Lakes Coastal Park on the northern side of Lake Reeve between the high water mark of the lake and the park boundary;

horse includes any animal capable of being ridden or carrying a load;

hunt has the same meaning as it has in the Wildlife Act 1975;

indigenous fish means any kind or species of fish indigenous to Victoria;

indigenous fish preservation area means an area set aside by the land manager under regulation 30;

Lake Albacutya hunting area means the part of Lake Albacutya Park that is shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./13‑033;

land manager means—

(a)

in relation to land for which an appointment has been made under section 16C of the Act, the Great Ocean Road Coast and Parks Authority; or

(b)

in relation to any other land managed under the Act, Parks Victoria;

liquor has the same meaning as it has in the Liquor Control Reform Act 1998;

litter has the same meaning as it has in section 112 of the Environment Protection Act 2017;

motorised wheelchair means a wheelchair propelled by a motor that is—

(a)

capable of a speed of not more than 10 kilometres per hour; and

(b)

designed solely for the conveyance of a person with mobility difficulties;

occupation site means a building, camping place or other facility erected, set apart or provided in a park in relation to which the land manager may grant a permit under section 21(1) of the Act;

prohibited access area means an area set aside by the land manager under regulation 20(1)(a);

public fireplace means a fireplace provided in a park for the general use of visitors;

skiing includes snowboarding;

snow season means—

(a)

the period commencing on 1 June in a year and ending on 31 October in that year; or

(b)

if the land manager has declared an alternative period under regulation 87, the period so declared;

the Act means the National Parks Act 1975;

timber has the same meaning as it has in the Forests Act 1958;

traditional owner group has the same meaning as it has in section 3 of 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 it has in section 3 of the Traditional Owner Settlement Act 2010;

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

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal‑powered vehicle, trailer, tram‑car and air‑cushion vehicle but does not include—

(a)

a railway locomotive or railway rolling stock; or

(b)

an aircraft; or

(c)

a non‑motorised wheelchair or other non‑motorised device designed solely for the conveyance of a person with mobility difficulties; or

(d)

a motorised wheelchair; or

(e)

a pram, stroller or other non‑motorised device designed or used for the conveyance of children;

vessel has the same meaning as it has in section 3(1) of the Marine Safety Act 2010;

website means the Internet site of the land manager.

Note

The web address for the Parks Victoria Internet site is www.parks.vic.gov.au.

The web address for the Great Ocean Road Coast and Parks Authority Internet site is www.greatoceanroadauthority.vic.gov.au.

(2)

In these Regulations, a park specified in Column 1 of the following Table means the park described in the Part of the Schedule to the Act specified in the corresponding entry in Column 2 of that Table.

Table

Column 1 Name of Park	Column 2 Part number and Schedule number
Cape Conran Coastal Park	Part 2A of Schedule Three
Cape Howe Marine National Park	Part 2 of Schedule Seven
Gippsland Lakes Coastal Park	Part 6 of Schedule Three
Great Otway National Park	Part 31 of Schedule Two
Kinglake National Park	Part 10 of Schedule Two
Lake Albacutya Park	Part 8 of Schedule Three
Lysterfield Park	Part 10 of Schedule Three
Point Hicks Marine National Park	Part 9 of Schedule Seven
Yarra Ranges National Park	Part 39 of Schedule Two

6References to park

In these Regulations, except where otherwise expressly provided, a reference to park includes a reference to—

(a)

any land managed under section 32AA of the Act; and

(b)

a part of a road in respect of which regulations may be made under section 48(4) of the Act.

Note

In addition to the land referred to in this regulation, certain land managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority under section 19AA, 19A, 19B, 19C, 19D or 19E of the Act may also be subject to these Regulations.

An Order under section 19F of the Act may also make certain land subject to these Regulations.

7Application of Regulations to permit holders etc.

A person acting under and in accordance with the terms and conditions of any lease, licence, permit, authorisation, consent or other authority granted under the Act, or an agreement entered into under the Act, is not subject to these Regulations to the extent that the activities authorised by the lease, licence, permit, authorisation, consent, other authority or agreement are inconsistent with these Regulations.

8Persons to whom offences under these Regulations do not apply unless otherwise specified

These Regulations, other than regulations 23, 40 and 86(1), do not apply to a person who—

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

(c)

is acting under the direction of a person acting as a servant or agent of the Crown; or

(d)

is acting with the permission of a person 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.

9Application of these Regulations to traditional owner group members where land is subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

(1)

If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in the Table in subregulation (2)) that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the 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 that agreement applies.

(2)

For the purpose of subregulation (1), the following Table sets out the specified provisions and the extent to which that provision applies to a member of the traditional owner group.

Table

Column 1 Specified regulation	Column 2 Extent to which specified regulation applies
Regulation 14(2)	The whole
Regulation 17	The whole
Regulation 21(1), (2) and (3)	The whole
Regulation 22	The whole
Regulation 24(1) and (2)	The whole
Regulation 32	The whole

Regulation 76(1)	The whole, except if the member lights or maintains a fire in a park for the purposes of undertaking cultural activities
Regulation 79(1)	The whole
Regulation 82(1), (2), (3), (4) and (5)	The whole
Regulation 83(1) and (2)	The whole
Regulation 84	The whole

10Application of these Regulations to Aboriginal group members where land is not subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

An Aboriginal group member, when undertaking an Aboriginal tradition on land in a park that is not land over which there is an agreement under Part 6 of the Traditional Owner Settlement Act 2010, is exempt from these Regulations, other than the provisions set out in Column 1 of the following Table to the extent set out in Column 2 of the following Table.

Table

Column 1 Specified regulation	Column 2 Extent to which specified regulation applies
Regulation 14(2)	The whole
Regulation 17	The whole
Regulation 21(1), (2) and (3)	The whole
Regulation 22	The whole
Regulation 24(1) and (2)	The whole
Regulation 32	The whole
Regulation 76(1)	The whole, except if the member lights or maintains a fire in a park for the purposes of undertaking cultural activities
Regulation 79(1)	The whole
Regulation 82(1), (2), (3), (4) and (5)	The whole
Regulation 83(1) and (2)	The whole
Regulation 84	The whole

11Determinations setting areas aside

(1)

A set aside determination must be in writing and must specify the date on which it is made.

(2)

A set aside determination may specify—

(a)

that it applies to the whole or a specified area of a park; and

(b)

that it applies on specified days or times or for specified periods; and

(c)

that it applies to a person or class of person; and

(d)

any conditions subject to which the activity or conduct specified in the set aside determination must or must not be carried out; and

(e)

if a permit is required to undertake the activity or conduct that is permitted, required, restricted or prohibited.

(3)

If the land manager makes a set aside determination under these Regulations, the land manager must, as soon as practicable after making the determination—

(a) cause signs or notices of the determination to be displayed in accordance with regulation 13; and

(b)

publish the determination on the land manager's website.

(4)

In this regulation, set aside determination means a determination made under the following—

(a)

regulation 20(1);

(b)

regulation 28(1);

(c)

regulation 30(1);

(d)

regulation 39;

(e)

regulation 42(1);

(f)

regulation 43;

(g)

regulation 47(1) and (2);

(h)

regulation 54(1);

(i)

regulation 58(1);

(j)

regulation 62;

(k)

regulation 63(1);

(l)

regulation 65;

(m)

regulation 68(1);

(n)

regulation 72;

(o)

regulation 76(2);

(p)

regulation 78;

(q)

regulation 80;

(r)

regulation 85(1);

(s)

regulation 89(1);

(t)

regulation 90(3).

12Offence not to comply with conditions of determinations setting areas aside

A person who enters or engages in an activity or conduct in an area set aside by a determination under these Regulations, other than a determination under regulation 89(1) or 90(3), must comply with any conditions specified in the determination applying to that area.

Penalty: 10 penalty units.

Note

Regulations 89(2) and 90(2) provide separate offences for failing to act in accordance with a determination setting an area aside under regulation 89(1) or 90(3).

National Parks Regulations 2024

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