Water (Recreational Area) Regulations 2023

The objectives of these Regulations are—

to provide for the control, management and use of recreational areas under the control and management of an Authority; and

to prescribe water infringement offences and infringement penalties for the purposes of the Water Act 1989.

For the purposes of subregulation (1)(a), the control, management and use of recreational areas includes—

the protection of the land, services and facilities in recreational areas; and

the protection and maintenance of water quality in waterways in recreational areas; and

the conservation and preservation of flora, fauna and habitat in recreational areas, including the biodiversity of that flora, fauna and habitat; and

the protection of the health and safety of visitors to recreational areas; and

the promotion of the enjoyment and recreation of visitors to recreational areas; and

the protection and promotion of Aboriginal cultural heritage and Aboriginal intangible heritage in recreational areas; and

the protection and promotion of any other heritage features in recreational areas; and

the facilitation of the participation of traditional owner groups in the management of recreational areas, including in accordance with any agreements under the Traditional Owner Settlement Act 2010 that apply to recreational areas; and

ensuring that recreational areas are managed and used in a way that respects and upholds the rights and aspirations of traditional owner groups who have a connection to the recreational areas.

In these Regulations—

is designed and manufactured for cooking or heating; and

uses solid, liquid or gaseous fuel;

a tent, sleeping bag, swag, tarpaulin or any other form of shelter or temporary structure;

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

a period declared under section 4 of the Country Fire Authority Act 1958 to be a fire danger period in respect of that area;

a declaration of total fire ban under section 40 of the Country Fire Authority Act 1958 in respect of that area;

floats on a waterway; and

is connected to the bed of a waterway by a cable, chain or rope; and

does not have a motor;

any poison;

a firearm;

a bow, catapult, spear, spear gun or other similar weapon;

a trap, snare, net or other similar item of equipment;

a non-motorised wheelchair or other non-motorised device designed or used for the conveyance of a person with a disability or an injury;

a motorised wheelchair;

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

railway locomotive or railway rolling stock;

In these Regulations, a person has express permission to do a thing in a recreational area if that person is permitted to do that thing in the recreational area by any of the following—

a lease, licence or permit granted or issued under the Act to the person by the managing Authority for that recreational area;

a contract or other agreement entered into under the Act between the person and the managing Authority for that recreational area;

any other authorisation given to the person under the Act by the managing Authority for that recreational area;

a permit issued to the person under these Regulations by the managing Authority for that recreational area.

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—

who is bound by the agreement; and

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

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

regulation 38(3);

regulation 40;

regulation 42(1) and (3);

regulation 55(1);

regulation 58(1), (2), (3) and (4);

regulation 66(1);

regulation 67;

regulation 73(1) and (2);

regulation 75(1), (3) and (4);

regulation 76(1);

regulation 77(1), (3) and (4);

regulation 78(1);

regulation 80;

regulation 86(1);

regulation 88;

regulation 89(1), (2), (3), (4), (5) and (6);

regulation 92;

regulation 93(1);

regulation 95(1), (2) and (3);

regulation 97(5).

The managing Authority for a recreational area must prepare a management plan for that area within 24 months of the later of—

the commencement of these Regulations; or

the making of a determination under section 122ZA of the Act that the relevant land is a recreational area under the control and management of that Authority.

The managing Authority for a recreational area may apply a management plan prepared by the managing Authority for that area to any other recreational areas under the control and management of that Authority.

A management plan comes into operation on the date specified in the management plan.

to protect the land, services and facilities in the area; and

to protect and maintain water quality in waterways in the area; and

to conserve and preserve flora, fauna and habitat in the area, including the biodiversity of that flora, fauna and habitat; and

to protect the health and safety of visitors to the area; and

to promote the enjoyment and recreation of visitors to the area; and

to protect and promote Aboriginal cultural heritage and Aboriginal intangible heritage in the area; and

to protect and promote any other heritage features in the area; and

to facilitate the participation of traditional owner groups in the management of that area, including in accordance with any agreements under the Traditional Owner Settlement Act 2010 that apply to the area; and

to ensure that the area is managed and used in a way that respects and upholds the rights and aspirations of traditional owner groups who have a connection to the area.

A management plan for a recreational area must—

specify measures for managing the recreational area that promote the objectives of the management plan; and

specify procedures for monitoring the effectiveness of those measures in promoting the objectives of the management plan.

A management plan for a recreational area may specify measures for managing the recreational area that are agreed between the managing Authority for that area and a traditional owner group for that area, including any of the following—

measures for implementing traditional owner rights recognised in any recognition and settlement agreement within the meaning of the Traditional Owner Settlement Act 2010 that applies to the recreational area;

measures for implementing rights under any traditional owner group agreement, other agreement under the Traditional Owner Settlement Act 2010 or determination of native title that applies to the recreational area;

measures for facilitating the participation of the traditional owner group in the joint management of the recreational area;

measures for facilitating the exercise of rights by members of the traditional owner group in the recreational area in accordance with any agreement under the Traditional Owner Settlement Act 2010 or any determination of native title;

procedures for the managing Authority to consult and engage with the traditional owner group in the management of the area and enforcement of these Regulations.

any recognition and settlement agreement that applies to land to which the management plan will apply;

any Aboriginal cultural heritage land management agreement within the meaning of the Aboriginal Heritage Act 2006 that is recorded on the Victorian Aboriginal Heritage Register under section 145 of that Act and that applies to land to which the management plan will apply;

any determination of native title that applies to land to which the management plan will apply;

any plan which a traditional owner group for the recreational area has prepared in relation to land to which the management plan will apply.

if any land in the recreational area is owned by a public statutory body, that public statutory body;

if any land in the recreational area is Crown land, the Minister responsible for that land;

if there is a specified Aboriginal party for an area that is wholly or partly within the recreational area, a representative of that specified Aboriginal party;

if the managing Authority considers that the interests of any other person, community group or public statutory body are likely to be affected by the management plan, that person, community group or public statutory body.

give a copy of the management plan to the Secretary to the Department; and

publish the management plan on the managing Authority's Internet site.