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reg 99

Entrance fees for motor vehicles

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Part 8Fees

99 Entrance fees for motor vehicles

(1)

In this regulation —

non‑tour motor vehicle means a motor vehicle that is not a tour vehicle;

on‑demand rank or hail vehicle authorisation means a passenger transport vehicle authorisation (as defined in the Transport (Road Passenger Services) Act 2018 section 4(1)) that authorises the operation of the vehicle for use in providing an on‑demand rank or hail passenger transport service (as defined in that section);

tour vehicle means —

(a)

a vehicle that is fitted with seats for 8 or more adult persons, including the driver, and is being used to carry passengers for separate fares; or

(b)

a vehicle in relation to which an on‑demand rank or hail vehicle authorisation is in force; or

(c)

a vehicle that is licensed to stand or ply for the carriage of passengers for reward; or

(d)

a vehicle that is fitted with seats for 13 or more persons, including the driver of the vehicle, and is being used to carry 13 or more persons, including the driver.

(2)

Subject to subregulations (3) and (4) and Schedule 1 Division 1 —

(a)

the relevant fee specified in Schedule 1 Division 1 item 1, 2 or 5 is payable daily per non‑tour motor vehicle entering an area of CALM land, and the person in charge of the vehicle is liable to pay the relevant fee; and

(b)

the relevant fee specified in Schedule 1 Division 1 item 3, 4, or 6 is payable daily per occupant of a tour vehicle entering an area of CALM land, and the owner or operator of the tour vehicle is liable to pay the fee for every occupant of the tour vehicle.

(3)

Fees are not payable under this regulation unless the CEO has erected —

(a)

signs at or near the entrances to the area of CALM land stating that fees are payable for entry to that area; and

(b)

signs at or near the entrances to the area of CALM land, or at or near the place on CALM land at which the fees are collected, specifying —

(i)

the fees that are payable; and

(ii)

the manner in which the fees are to be paid.

(4)

A person is not liable to pay a fee under this regulation for entry in a non‑tour motor vehicle to an area of CALM land if that person has —

(a)

paid the fee prescribed in Schedule 1 Division 2 for an extended pass for that person to enter that area at the relevant time and complied with any conditions on entry set out in that Division for that fee; or

(b)

been otherwise authorised by the CEO to enter that area.

(5)

A person must pay, in the manner specified on a sign under subregulation (3)(b)(ii), a fee for which the person is liable under this regulation.

Penalty: a fine of $200.

(6)

This regulation does not apply to aircraft.

[Regulation 99 amended: Gazette 29 Sep 2006 p. 4320 and 4334; 3 Dec 2010 p. 6049 and 6052‑4; 28 Jun 2019 p. 2488.]

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