Botanic Gardens and Parks Authority Act 1998
Botanic Gardens and Parks Regulations 1999
Western Australia
Botanic Gardens and Parks Regulations 1999
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Definitions1
4.Designated land2
5.Permissions2
Part 2 — Access to designated land
6.Authority may restrict access4
7.Unauthorized entry4
8.Defence5
Part 3 — Regulation of vehicles
9.Traffic signs and directions6
10.Certain classes of vehicles prohibited6
11.Use of motor vehicles7
12.Speed restriction8
13.Standing8
14.Parking8
15.Bicycles10
16.Roller skates etc.10
17.Instruction in driving motor vehicles etc.10
18.Emergency vehicles11
Part 4 — Protection of biological diversity and the environment
19.Protection of flora and fungi12
20.Protection of fauna12
21.General prohibition on animals and birds13
22.Feeding animals and birds13
23.Protection of rocks, soil, etc.14
24.Litter14
25.Dog excrement14
Part 5 — Control of certain activities
26.Unauthorized structures15
27.Unauthorized trading, etc.15
28.Commercial photography15
29.Organized events, meetings etc.16
30.Sporting events16
31.Bill sticking, advertising, etc.17
32.Weapons, etc.17
33.Lighting fires etc.18
34.Explosive devices18
35.Camping18
36.Unauthorized removal of property18
Part 6 — Offensive behaviour
37.Assault19
38.Indecent language19
39.Indecent acts19
40.Nuisance19
41.Dissemination of indecent matter19
42.Offensive noise20
43.Damage to property, etc.20
Part 7 — Miscellaneous
44.Notice under s. 49(3)21
45.Modified penalties21
46.Infringement notice21
47.Withdrawal of infringement notice21
48.Removal of certain notices prohibited21
49.Impersonation of park management officer21
50.Recovery of costs of removing vehicle, etc.22
Schedule 1 — Forms
Schedule 2 — Modified penalties
Notes
Compilation table31
Provisions that have not come into operation31
Defined terms
Western Australia
Botanic Gardens and Parks Authority Act 1998
Botanic Gardens and Parks Regulations 1999
These regulations may be cited as the Botanic Gardens and Parks Regulations 1999.
These regulations come into operation on the day on which the Botanic Gardens and Parks Authority Act 1998 comes into operation.
In these regulations, unless the contrary intention appears —
bicycle means a 2-wheeled or 3-wheeled vehicle that is designed to be propelled solely by human power;
carriageway has the same meaning as it has in the Road Traffic Code 1975;
designated, except in relation to designated land, means designated by traffic signs under regulation 9;
motor vehicle has the same meaning as it has in section 5(1) of the Road Traffic Act 1974;
parking area means an area designated for the parking of vehicles;
permission has a meaning affected by regulation 5;
road has the same meaning as it has in section 5(1) of the Road Traffic Act 1974;
section means section of the Act;
traffic sign means a sign, marking, structure or device for the purpose of —
(a)restricting or regulating the use of roads, tracks or paths on the designated land; or
(b)prohibiting, restricting or regulating the use, standing or parking of vehicles on the designated land;
use, in relation to a vehicle, includes driving a vehicle and riding or pushing a bicycle.
The land described in the Table to this regulation is prescribed for the purposes of the definition of “designated land” in section 3.
Table
All of the land from time to time within Class A Reserve No. 45409 (known as Bold Park). |
(1)Where a provision of these regulations states that an act or activity must not be done or carried on without permission, the reference to permission is to the permission of the Authority.
(2)For the purposes of any such provision, the Authority may refuse permission or in the exercise of the power to grant permission may —
(a)grant permission generally or for any specific instance; or
(b)grant permission on and subject to such terms and conditions as it considers appropriate including terms and conditions as to —
(i)the part of the designated land to which the permission applies;
(ii)the class or description of persons to whom the permission extends; or
(iii)the payment of any fee or charge whether before the act is done or the activity is commenced or otherwise.
(3)The Authority may amend or revoke a permission that has been granted.
(4)A permission must be in writing and must be obtained before the act is done or the activity is commenced.
(5)Where a permission has been given to a person subject to any condition, the permission is to be taken, in any prosecution against that person, to have lapsed during any period when the condition was not observed or performed according to its tenor by that person.
Part 2 — Access to designated land
6.Authority may restrict access
(1)The Authority may by the erection or establishment of signs —
(a)close the designated land or part of the designated land; or
(b)close a road, track or path on the designated land,
to pedestrians or vehicles or both for such period as the Authority thinks fit.
(2)The powers in subregulation (1) may only be exercised for the purpose mentioned in section 53(1)(c).
(3)The Authority must erect and maintain sufficient signs on or in the vicinity of the designated land, a part of the designated land, or a road, track or path, that is closed under this regulation to indicate that entry to that designated land, part of the designated land, road, track or path, as the case requires is prohibited without permission.
(4)The inscription on a sign erected or established under this regulation operates according to its tenor.
(5)A person must not, without permission —
(a)enter the designated land or any part of the designated land that is for the time being closed under this regulation; or
(b)use a road, track or path that is for the time being closed under this regulation.
Penalty: $600.
(1)A person must not, without permission, enter any part of the designated land that is comprised predominantly of native flora except on a road, track or path designated for use by pedestrians or vehicles or both.
Penalty: $600.
(2)A person must not, without permission, enter or attempt to enter the designated land except through an entrance provided by the Authority for that purpose.
Penalty: $600.
(3)A person must not, without permission, enter any part of the designated land that is set apart by the Authority for the cultivation of flowers, plants, shrubs or young trees.
Penalty: $600.
It is a defence to a charge of an offence under regulation 6(5) or 7(1), (2) or (3) for the defendant to prove that the act complained of was necessary to prevent or mitigate injury to a person or damage to property.
Part 3 — Regulation of vehicles
9.Traffic signs and directions
(1)The Authority may erect or establish traffic signs on the designated land.
(2)The inscription on a traffic sign operates according to its tenor.
(3)A person must comply with —
(a)the inscription on a traffic sign erected or established under subregulation (1); or
(b)a signal or direction by a park management officer as to the use, parking or movement of a vehicle that is addressed to the person and that is reasonably required for the regulation of traffic on the designated land.
Penalty: $600.
10.Certain classes of vehicles prohibited
(1)A person must not, without permission, use on the designated land —
(a)an omnibus;
(b)a taxi unless it is being used for the purpose of —
(i)bringing a passenger onto the designated land;
(ii)taking a passenger from the designated land after being called to the land for that purpose; or
(iii)taking up a passenger at one point on the land and setting the passenger down at another point on the land after being called to the land for that purpose,
and it leaves the land in completion of that purpose or when that purpose has been completed, as the case requires;
(c)a motor wagon with an unladen mass in excess of 1 524 kg;
(d)a tractor, whether of a prime mover type or any other type;
(e)a horse-drawn vehicle;
(f)an off-road vehicle;
(g)a vehicle (whether laden or not) ordinarily used for the carrying of goods, materials or merchandise of any kind, unless the vehicle is being used in connection with the delivery of goods, materials or merchandise to —
(i)the Authority; or
(ii)a person who has been granted a lease or licence by the Authority or is authorized by the Authority to use any part of the designated land;
or
(h)a hearse.
Penalty: $600.
(2)In subregulation (1) —
motor wagon means a motor wagon as described in the First Schedule to the Road Traffic Act 1974;
off-road vehicle means a vehicle that is not licensed or deemed to be licensed, or is not the subject of a permit granted, under the Road Traffic Act 1974;
omnibus has the same meaning as it has in section 5(1) of the Road Traffic Act 1974;
taxi means a vehicle that is used for the purpose of standing or plying for hire or otherwise for the carrying of passengers for reward.
A person must not, without permission, use a motor vehicle, or cause or permit a motor vehicle in his or her possession to be used, on the designated land except —
(a)on a road;
(b)on a track designated as a track that may be used by motor vehicles; or
(c)in a parking area.
Penalty: $2 000.
(1)A person must not drive or ride a vehicle on the designated land at a speed in excess of 40 km per hour.
Penalty: $1 000.
(2)Subregulation (1) does not justify the driver of a vehicle driving at a speed that may constitute driving carelessly, recklessly or at a speed, or in a manner, that is dangerous to the public, having regard to all the circumstances.
A person must not, without permission, stand a vehicle on part of a carriageway on the designated land if the standing of vehicles on that part of the carriageway is prohibited by a traffic sign.
Penalty: $600.
(1)A person must not, without permission, park a vehicle, or cause or permit it to be parked, on the designated land —
(a)in a place, other than a parking area, that is off a carriageway;
(b)on part of a carriageway, if the parking of vehicles on that part of the carriageway is prohibited by a traffic sign;
(c)during a period when the person is not on the designated land, whether or not the vehicle is parked in a parking area;
(d)in a place for a period in excess of the time during which a vehicle is permitted by the Authority to be parked in that place;
(e)in a place that is marked with parking bays, unless it is entirely within the confines of such a parking bay;
(f)in an area designated for the parking of vehicles of disabled persons, unless —
(i)a disabled person is the driver of or a passenger in the vehicle; and
(ii)an ACROD sticker is displayed in a prominent position on the vehicle;
(g)in an area that is designated for the parking of vehicles by persons of a particular class, unless the person belongs to that class;
(h)in an area that is designated as an area for the parking of vehicles of a particular class, unless the vehicle belongs to that class;
(i)on part of a carriageway within 18 m of the approach side or 9 m of the departure side of a sign inscribed “Bus Stop” or “Hail Bus Here” unless the vehicle is an omnibus that is taking up or setting down passengers; or
(j)on a carriageway, unless it is as near as practicable to, and parallel with, either boundary of the carriageway and headed in the direction of the movement of traffic on the side of the road on which it is parked.
Penalty: $600.
(2)Despite subregulation (1)(i), where the part of a carriageway referred to in that paragraph is also designated for bus parking or as a bus terminus, a person may park an omnibus on that part of the carriageway for such reasonable time as is necessary in the course of a journey.
(3)In subregulation (1) —
ACROD sticker means a parking sticker issued by ACROD Limited (Western Australian Division), a company limited by guarantee and incorporated in the Australian Capital Territory;
taking up or setting down passengers does not include waiting for passengers.
A person must not, without permission, ride a bicycle on the designated land except —
(a)on a road;
(b)on a track designated for use by vehicles;
(c)on a path designated for use by cyclists; or
(d)in a parking area.
Penalty: $1 000.
A person must not, without permission, ride —
(a)a roller skate; or
(b)any vehicle that is mounted on small wheels or rollers and not fitted with an efficient mechanism for braking,
on the designated land except on a track or path designated for such use.
Penalty: $1 000.
17.Instruction in driving motor vehicles etc.
A person must not, without permission —
(a)use any road on the designated land for the purpose of instructing another person in how to drive a motor vehicle;
(b)repair a motor vehicle on the designated land unless such repair is necessary because the motor vehicle has broken down; or
(c)use the designated land for the purpose of testing or displaying a motor vehicle.
Penalty: $600.
(1)Despite any other provision of these regulations, the driver of an emergency vehicle may, in the course of his or her duties and when it is expedient and safe to do so —
(a)stop, stand or park the vehicle at any place on the designated land and at any time; or
(b)exceed the speed prescribed in regulation 12(1).
(2)In subregulation (1) —
emergency vehicle means a motor vehicle being used in connection with —
(a)urgent police duties;
(b)the fighting of fire or the answering of a fire call;
(c)providing assistance to a sick or injured person; or
(d)any other emergency in which human life is reasonably believed by the driver of the vehicle to be in danger.
Part 4 — Protection of biological diversity and the environment
19.Protection of flora and fungi
(1)A person must not, without permission, or without authorization (however described) under another written law, damage, destroy or take any flora or fungi living or dead on the designated land.
Penalty: $2 000.
(2)A person must not, without permission, remove any stake supporting, any label on or near, or any protective fencing around or near, any flora or fungi living or dead on the designated land.
Penalty: $600.
(3)In this regulation —
flora means any form of plant life including any part, seeds or spores;
take includes gather, pluck, cut, pull up and dig up.
(1)A person must not, without permission, or without authorization (however described) under another written law, injure, kill, take, chase or interfere with any fauna on the designated land.
Penalty: $2 000.
(2)A person must not, without permission, or without authorization (however described) under another written law, carry or have in the person’s possession on the designated land a trap, cage, net, or other device for taking or transporting fauna.
Penalty: $2 000.
(3)A person must not, without permission, or without authorization (however described) under another written law, lay or place any trap, net or other device for the taking of fauna on the designated land.
Penalty: $2 000.
(4)A person must not, without permission, or without authorization (however described) under another written law, interfere with or destroy any nest or habitat of fauna on the designated land.
Penalty: $2 000.
(5)In this regulation —
fauna means any living thing that is not a human being or a plant and the eggs and immature stages of any such living thing;
take includes remove, catch, trap and snare.
21.General prohibition on animals and birds
(1)A person must not, without permission, bring an animal or bird onto the designated land.
Penalty: $1 000.
(2)A person must not, without permission, leave, abandon, or release an animal or bird on the designated land.
Penalty: $1 000.
(3)Subregulation (1) does not apply in relation to a dog if it is effectively restrained at all times by means of a chain, cord or leash not exceeding a length of 2 m.
(1)The Authority may by resolution determine that the feeding of an animal or bird of a kind specified in the resolution is prohibited on the designated land.
(2)A person must not, on the designated land, feed an animal or bird in respect of which a resolution has been made under subregulation (1) if the Authority has —
(a)erected signs on the designated land notifying the public that feeding an animal or bird of that kind is prohibited; or
(b)otherwise notified that person that the feeding of an animal or bird of that kind is prohibited.
Penalty: $600.
23.Protection of rocks, soil, etc.
A person must not, without permission, or without authorization (however described) under another written law —
(a)remove, damage, interfere with or mark any rock or other geological material on the designated land;
(b)remove or displace soil on the designated land; or
(c)otherwise damage or interfere with the natural surface of the designated land.
Penalty: $2 000.
(1)A person must not —
(a)deposit litter, or cause litter to be deposited, on the designated land unless the litter is deposited in a litter receptacle; or
(b)deposit litter, or cause litter to be deposited, in a litter receptacle on the designated land if the litter was not generated on the designated land.
Penalty: $1 000.
(2)In subregulation (1) —
litter has the same meaning as it has in the Litter Act 1979.
A person who brings a dog onto the designated land must not cause or permit any excrement from the dog to be left on the designated land.
Penalty: $600.
Part 5 — Control of certain activities
(1)A person must not, without permission, erect or place a structure on the designated land.
Penalty: $600.
(2)In subregulation (1) —
structure means a building, tent, shelter, fence or other thing that is fixed to land or to anything that is fixed to land.
(1)A person must not, without permission, on the designated land sell, hire, or offer or expose for sale or hire, any goods or services.
Penalty: $1 500.
(2)A person must not, without permission, on the designated land provide any service or conduct any business or activity for fee or reward.
Penalty: $1 500.
(3)A person must not, without permission, on the designated land sell, distribute, or carry or expose for sale or distribution, any printed or written matter.
Penalty: $1 500.
(4)It is immaterial for the purposes of subregulation (3) that any matter is distributed or carried or exposed for distribution free of charge.
A person must not, without permission, take still or motion pictures on the designated land by photographic or electronic means for —
(a)the purpose of public display, broadcast or transmission; or
(b)use in the promotion or sale of goods or services.
Penalty: $1 500.
29.Organized events, meetings etc.
(1)A person must not, without permission —
(a)organize, hold or participate in any fete, picnic, concert, spectator event or public meeting;
(b)engage in any public worship or public speaking;
(c)conduct a marriage ceremony; or
(d)collect money for any purpose,
on the designated land.
Penalty: $1 500.
(2)Subregulation (1)(a) does not apply to a picnic if the number of persons attending the picnic is 25 or less.
(1)A person must not, without permission, organize or hold any sporting event on the designated land.
Penalty: $1 500.
(2)A person must not, without permission, participate in any sporting event on the designated land if the event is —
(a)of a dangerous nature;
(b)likely to constitute an inconvenience or annoyance to persons; or
(c)likely to affect the natural surface of the designated land.
Penalty: $600.
(3)Subregulation (2) does not apply to participation in a sporting event that is organized or held with the permission of the Authority.
(4)In this regulation —
sporting event includes a race, game, motor rally, training session and fitness class.
31.Bill sticking, advertising, etc.
A person must not, without permission —
(a)post, stick, stamp, stencil, paint, or otherwise affix any placard, handbill, notice, advertisement or other document on or to any rock, tree, fence, post, gate, wall, road, track, path, natural surface, or building or other structure, on the designated land;
(b)write, draw or paint on or deface any rock, tree, fence, post, gate, wall, road, track, path, natural surface, or building or other structure, on the designated land; or
(c)cause any of the acts prohibited by paragraph (a) or (b) to be done by another person.
Penalty: $2 000.
(1)A person must not, without permission, carry or discharge any firearm, speargun, catapult or other weapon on the designated land.
Penalty: $2 000.
(2)Subregulation (1) does not apply to the carrying or use of a firearm by a police officer in the course of duty.
(3)A person must not, without permission, throw or release any missile or dangerous object or material of any kind on the designated land.
Penalty: $2 000.
(4)In this regulation —
firearm has the same meaning as it has in the Firearms Act 1973.
A person must not, without permission —
(a)make, light or use a fire except in a fireplace provided by the Authority; or
(b)use a portable gas barbecue or other portable cooker,
on the designated land.
Penalty: $2 000.
A person must not, without permission, possess, throw, set off or ignite a firework, sparkler or other explosive device on the designated land.
Penalty: $2 000.
(1)A person must not, without permission, camp on the designated land.
Penalty: $1 000.
(2)In subregulation (1) —
camp means to stay or lodge, whether in a tent, temporary shelter, vehicle or otherwise.
36.Unauthorized removal of property
A person must not, without permission, remove from the designated land, or disturb or move, any article or property that is lying or left on the designated land and of which the person is not —
(a)the owner; or
(b)legally entitled to possession.
Penalty: $1 000.
(1)A person must not unlawfully assault any person on the designated land.
Penalty: $2 000.
(2)In subregulation (1) —
assault and unlawfully have the same respective meanings as those terms have in Chapter XXX of Part V of The Criminal Code.
A person must not use indecent, obscene, threatening, abusive or insulting language on the designated land.
Penalty: $1 000.
A person must not do or engage in any indecent, offensive, or improper act, conduct or behaviour on the designated land.
Penalty: $1 000.
A person must not act in such a way as to cause a nuisance or annoyance to persons on the designated land.
Penalty: $1 000.
41.Dissemination of indecent matter
A person must not write, draw, print, publish, record, broadcast, distribute, or otherwise disseminate on the designated land indecent or obscene matter of any kind.
Penalty: $1 000.
A person must not, without permission, by the use of any electronic, mechanical or other instrument or machine, or by natural means, on the designated land cause or produce a noise that unreasonably interferes with the convenience, comfort or amenity of another person.
Penalty: $1 000.
A person must not, without permission —
(a)destroy, damage, deface, remove or interfere with —
(i)any building or other structure on the designated land; or
(ii)any property on the designated land owned by, or under the care, control and management of, the Authority;
or
(b)damage, deface or interfere with the surface of a road, track or path on the designated land.
Penalty: $2 000.
A notice given under section 49(3) is to be in the form of Form 1 in Schedule 1.
(1)The offences created by the provisions of these regulations specified in the second column of Schedule 2 are prescribed for the purposes of section 51(2).
(2)The amount specified in the fourth column of Schedule 2 corresponding to an offence created by a provision of these regulations specified in the second column of that Schedule is the modified penalty for that offence.
An infringement notice given under section 51(2) is to be in the form of Form 2 in Schedule 1.
47.Withdrawal of infringement notice
A notice under section 51(7) withdrawing an infringement notice is to be in the form of Form 3 in Schedule 1.
48.Removal of certain notices prohibited
A person, other than the owner, driver or person in charge of a vehicle, must not remove any notice attached to, or left in or on, the vehicle under section 49(4) or 52(2)(b).
Penalty: $600.
49.Impersonation of park management officer
A person must not impersonate a park management officer.
Penalty: $1 000.
50.Recovery of costs of removing vehicle, etc.
The Authority may recover the costs of exercising the power in section 28(2)(c) from the owner of the vehicle, animal or other thing concerned in a court of competent jurisdiction as a debt due to the Authority.
[rr. 44, 46 & 47]
Form 1
Botanic Gardens and Parks Authority Act 1998
Notice to owner of vehicle involved in offence
Date …..../….../…...
To: (1) ......................................................................................................................
of: (2) .......................................................................................................................
It is alleged that on ….../….../…... at (3) .…............................................................
at (4) .................................................…............ your vehicle (5) ..............................
was involved in the commission of the following offence —
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
contrary to regulation (6).................. of the Botanic Gardens and Parks Authority Regulations 1999.
You are required under section 49 of the Botanic Gardens and Parks Authority Act 1998 to identify the person who was the driver or person in charge of the vehicle at the time when the offence is alleged to have been committed.
If you do not prove otherwise, you will be deemed to have committed the offence unless —
(a)within 28 days after being served with this notice —
(i)you inform the chief executive officer of the Botanic Gardens and Parks Authority as to the identity and address of the person who was the driver or person in charge of the vehicle at the time the offence is alleged to have been committed; or
(ii)you satisfy the chief executive officer of the Botanic Gardens and Parks Authority that the vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time the offence is alleged to have been committed;
or
(b)you were given an infringement notice for the alleged offence and the modified penalty specified in it is paid within 28 days after the notice was given or such further time as is allowed.
Name of park management officer giving the notice ...........................................
Signature ...................................................
(1)Name of owner or “owner of (vehicle identification) ”
(2)Address of owner (not required if owner not named)
(3)Time at which offence allegedly committed
(4)Place at which offence allegedly committed
(5)Vehicle identification
(6)Regulation designation
Form 2
Botanic Gardens and Parks Authority Act 1998
Infringement notice
Serial No .........................
Date ……/….../…...
To: (1) ......................................................................................................................
of: (2) .......................................................................................................................
It is alleged that on ….../….../…... at (3) .................................................................
at (4) .........................................................................................................................
you committed the following offence —
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
contrary to regulation (5) ..................... of the Botanic Gardens and Parks Authority Regulations 1999.
The modified penalty for the offence is $ .....................
If you do not wish to have a complaint of the alleged offence heard and determined by a court, the amount of the modified penalty may be paid to an authorized person at (6) .............................................…………………………….……………………….within a period of 28 days after the giving of this notice.
Name of park management officer giving the notice ......................................….
Signature ...................................................
(1)Name of alleged offender [“owner of (vehicle identification) ” suffices if notice given with a notice under section 49 of the Act]
(2)Address of alleged offender [not required if notice given with a notice under section 49 of the Act]
(3)Time at which offence allegedly committed
(4)Place at which offence allegedly committed
(5)Regulation designation
(6)Place where modified penalty may be paid
Form 3
Botanic Gardens and Parks Authority Act 1998
Withdrawal of infringement notice
Serial No .........................
Date ……/….../…...
To: (1) ......................................................................................................................
of: (2) .......................................................................................................................
Infringement notice No. ............................... dated .…../….../…... for the alleged offence of ...............................................................................................................
.................................................................................................................................
.................................................................................................................................
has been withdrawn.
The modified penalty of $ ........................
* has been paid and a refund is enclosed.
* has not been paid and should not be paid.
* Delete as appropriate
Name and title of authorized person giving this notice ........................................
Signature ...................................................
(1)Name of alleged offender to whom infringement notice was given
(2)Address of alleged offender
Schedule 2 — Modified penalties
[r. 45]
Item |
Regulation |
Description of offence |
Modified penalty ($) |
1. |
6(5)(a) |
Entering designated land when closed without permission |
|
2. |
6(5)(b) |
Using road, etc. when closed without permission |
|
3. |
7(1) |
Entering designated land comprised of native flora except on road, track, etc. without permission |
|
4. |
7(2) |
Entering designated land except through entrance provided without permission |
|
5. |
7(3) |
Entering place set apart for cultivation without permission |
|
6. |
9(3)(a) |
Failing to comply with traffic sign |
60 |
7. |
9(3)(b) |
Failing to comply with sign or direction by park management officer |
|
8. |
10 |
Using vehicle of prohibited class without permission |
|
9. |
11 |
Using motor vehicle except on road, etc. without permission |
|
10. |
12 |
Exceeding speed limit — |
|
|
|
(a)by not more than 9 km/h |
50 |
|
|
(b)by more than 9 km/h but not more than 19 km/h |
|
|
|
(c)by more than 19 km/h but not more than 29 km/h |
|
|
|
(d)by more than 29 km/h but not more than 40 km/h |
|
|
|
(e)by more than 40 km/h |
350 |
11. |
13 |
Standing vehicle where prohibited without permission |
|
12. |
14(1)(a) |
Parking off a carriageway without permission |
|
13. |
14(1)(b) |
Parking where prohibited by sign without permission |
|
14. |
14(1)(c) |
Parking when person not on the designated land without permission |
|
15. |
14(1)(d) |
Parking in excess of period permitted without permission |
|
16. |
14(1)(e) |
Parking not entirely within parking bay without permission |
|
17. |
14(1)(f) |
Parking in area designated for disabled persons without permission |
|
18. |
14(1)(g) |
Parking in area designated for parking by persons of particular class without permission |
|
19. |
14(1)(h) |
Parking in area designated for parking of vehicles of particular class without permission |
|
20. |
14(1)(i) |
Parking vehicle other than omnibus within prescribed distance of bus stop, etc. without permission |
|
21. |
14(1)(j) |
Parking in opposite direction to traffic flow without permission |
|
22. |
15 |
Riding bicycle except on road, etc. without permission |
|
23. |
16 |
Riding roller skates, etc. except on designated track or path without permission |
|
24. |
17(a) |
Using road for purpose of driving instruction without permission |
|
25. |
17(b) |
Repairing motor vehicle without permission |
|
26. |
17(c) |
Using designated land for purpose of testing or displaying motor vehicle without permission |
|
27. |
19(1) |
Injuring, etc. flora or fungi without permission or authorization |
|
28. |
19(2) |
Removing stake, label or fencing without permission |
|
29. |
20(1) |
Injuring, etc. fauna without permission or authorization |
|
30. |
20(2) |
Carrying or having trap, etc. without permission or authorization |
|
31. |
20(3) |
Laying trap, etc. without permission or authorization |
|
32. |
20(4) |
Interfering with nest or habitat without permission or authorization |
|
33. |
21(1) |
Bringing animal or bird onto designated land without permission |
|
34. |
21(2) |
Leaving animal or bird on designated land without permission |
|
35. |
22(2) |
Feeding animal or bird when prohibited |
|
36. |
23(a) |
Removal of rock, etc. without permission or authorization |
|
37. |
23(b) |
Removal of soil without permission or authorization |
|
38. |
23(c) |
Damaging natural surface without permission or authorization |
|
39. |
24(1)(a) |
Depositing litter except in litter receptacle |
|
40. |
24(1)(b) |
Depositing litter in litter receptacle when litter not generated on designated land |
|
41. |
25 |
Causing or permitting dog excrement to be left on designated land |
|
42. |
26 |
Erecting structure without permission |
60 |
43. |
27(1) |
Selling etc. goods or services without permission |
|
44. |
27(2) |
Providing service, etc. for fee or reward without permission |
|
45. |
27(3) |
Selling etc. printed or written matter without permission |
|
46. |
28(a) |
Taking pictures for public display, etc. without permission |
|
47. |
28(b) |
Taking pictures for promotional purposes, etc. without permission |
|
48. |
29(1)(a) |
Organizing picnic, fete, etc. without permission |
|
49. |
29(1)(b) |
Engaging in public worship or public speaking without permission |
|
50. |
29(1)(c) |
Conducting marriage ceremony without permission |
|
51. |
29(1)(d) |
Collecting money without permission |
150 |
52. |
30(1) |
Organizing or holding sporting event without permission |
|
53. |
30(2) |
Participating in sporting event without permission |
|
54. |
31(a) |
Posting, sticking, etc. notices on things on designated land without permission |
|
55. |
31(b) |
Writing, drawing, etc. on things on designated land without permission |
|
56. |
31(c) |
Causing act prohibited by regulation 31(a) or (b) to be done without permission |
|
57. |
32(1) |
Carrying or discharging firearm, etc. without permission |
|
58. |
32(3) |
Throwing missile, etc. without permission |
|
59. |
33(a) |
Lighting fire except in fireplace without permission |
|
60. |
33(b) |
Using portable barbecue or cooker without permission |
|
61. |
34 |
Possessing, etc. explosive device without permission |
|
62. |
35(1) |
Camping on designated land without permission |
|
63. |
36 |
Removing property from designated land without permission |
|
64. |
43(a) |
Destroying, etc. property on designated land |
|
65. |
43(b) |
Damaging or defacing road, etc. on designated land |
|
66. |
48 |
Removing notice attached to vehicle |
60 |
67. |
49 |
Impersonating park management officer |
|
1This is a compilation of the Botanic Gardens and Parks Regulations 1999. The following table contains information about those regulations 1a.
Citation |
Gazettal |
Commencement |
Botanic Gardens and Parks Regulations 1999 |
30 Jun 1999 p. 2881‑903 |
1 Jul 1999 (see r. 2 and Gazette 30 Jun 1999 p. 2879) |
1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.
Provisions that have not come into operation
Citation |
Gazettal |
Commencement |
Botanic Gardens and Parks Amendment Regulations 2014 r. 3‑5 2 |
8 Jan 2015 p. 77‑9 |
Operative on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b) (see r. 2(b)) |
2On the date as at which this compilation was prepared, the Botanic Gardens and Parks Amendment Regulations 2014 r. 3‑5 had not come into operation. They read as follows:
3.Regulations amended
These regulations amend the Botanic Gardens and Parks Regulations 1999.
4.Regulation 3 amended
(1)In regulation 3 delete the definitions of:
bicycle
carriageway
motor vehicle
road
(2)In regulation 3 insert in alphabetical order:
bicycle has the meaning given in the Road Traffic Code 2000 regulation 3(1);
carriageway has the meaning given in the Road Traffic Code 2000 regulation 3(1);
motor vehicle has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
road has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
5.Regulation 10 amended
(1)In regulation 10(1):
(a)in paragraph (a) delete “omnibus;” and insert:
omnibus as defined in the Road Traffic (Vehicles) Act 2012 section 130(1); or
(b)in paragraph (c) delete “motor wagon” and insert:
goods vehicle as defined in the Road Traffic (Vehicles) Regulations 2014 regulation 3
(c)in paragraph (f) delete “vehicle;” and insert:
vehicle as defined in the Control of Vehicles (Off‑road Areas) Act 1978 section 3(1); or
(2)In regulation 10(2) delete the definition of:
motor wagon
off‑road vehicle
omnibus
(3)In regulation 10(1) after each of paragraphs (b), (b)(i), (c), (d) and (e) insert:
or
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
ACROD sticker14(3)
assault37(2)
bicycle3
camp35(2)
carriageway3
designated3
emergency vehicle18(2)
fauna20(5)
firearm32(4)
flora19(3)
litter24(2)
motor vehicle3
motor wagon10(2)
off-road vehicle10(2)
omnibus10(2)
parking area3
permission3
road3
section3
sporting event30(4)
structure26(2)
take19(3), 20(5)
taking up or setting down passengers14(3)
taxi10(2)
traffic sign3
unlawfully37(2)
use3