Definitions

Current

(1)

In these Regulations—

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

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

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

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

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

assistance dog has the same meaning as in the Equal Opportunity Act 2010;

barbecue means any device or appliance that—

(a)

is designed and manufactured for cooking or heating; and

(b)

uses solid, liquid or gaseous fuel;

camp means to use or have present in a recreational area any of the following for accommodation purposes, whether occupied or not—

(a)

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

(b)

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

campfire means a fire that is lit or maintained for the purpose of preparing meals or providing personal comfort;

campground means an area within a recreational area which has been set aside by the managing Authority as an area in which camping is permitted;

Chief Health Officer has the same meaning as in the Public Health and Wellbeing Act 2008;

emergency has the same meaning as in the Emergency Management Act 2013;

express permission has the meaning given by subregulation (2);

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

fire restriction, in relation to a recreational area, means any of the following—

(a)

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

(b)

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

firearm has the same meaning as in the Firearms Act 1996;

firewood has the same meaning as in the Forests Act 1958;

fish has the same meaning as in the Fisheries Act 1995;

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

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

management plan means a plan prepared in accordance with Part 2;

managing Authority, in relation to land which is determined to be a recreational area, means the Authority that is specified in the determination as having management and control of that recreational area;

pontoon means a structure that—

(a)

floats on a waterway; and

(b)

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

(c)

does not have a motor;

Examples

A platform for entering the water for swimming, mooring a vessel, or supporting an irrigation pump or infrastructure.

prohibited access area means an area set aside under regulation 30(1)(a);

prohibited access determination means a determination to set aside an area under regulation 30(1)(a);

properly constructed fireplace means a fireplace that is constructed of stone, metal, concrete or any other non-flammable material so as to contain the perimeter of any fire lit or maintained within the fireplace;

public fireplace means a properly constructed fireplace provided for public use;

remotely piloted aircraft means an RPA within the meaning of the Civil Aviation Safety Regulations 1998 of the Commonwealth;

restricted access area means an area set aside under regulation 30(1)(b);

restricted access determination means a determination to set aside an area under regulation 30(1)(b);

restricted item means any of the following—

(a)

any poison;

(b)

a firearm;

(c)

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

(d)

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

sound producing device means a device that has a primary function of producing or amplifying sound;

temporary closure determination means a determination under regulation 24(1);

the Act means the Water Act 1989;

toxic shot has the same meaning as in the Wildlife (Game) Regulations 2012;

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

unsafe vessel has the same meaning as in the Marine Safety Act 2010;

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 the following—

(a)

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

(b)

a motorised wheelchair;

(c)

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

(d)

railway locomotive or railway rolling stock;

vessel has the same meaning as in the Marine Safety Act 2010;

waste has the same meaning as in the Environment Protection Act 2017.

(2)

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)

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

(b)

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

(c)

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

(d)

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

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4 Definitions