Victorian Current Acts

NATIONAL PARKS ACT 1975 - SECT 43

    (1)     A person must not, in a park, carry on a trade or business, including a trade or business authorised, permitted or licensed under any other Act or law, unless the trade or business—

        (a)     is being carried out under and in accordance with a licence, permit, tenancy, agreement or any other authority granted, made or given under this Act; or

        (b)     is authorised under subsection (2).

Penalty:     60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

    (2)     For the purposes of subsection (1)(b), the following trades or businesses are authorised—

        (a)     a trade or business carried out in accordance with—

S. 43(2)(a)(i) amended by No. 40/2020 s. 83(a).

              (i)     an access licence within the meaning of the Fisheries Act 1995 granted in respect of the carrying out of an activity in a park described in Part 2 of Schedule 3 or Part 1, 2, 4 or 5 of Schedule Four; or

              (ii)     an access licence within the meaning of the Fisheries Act 1995 that is not subject to a restriction specified in section 38(1A) of that Act or that is not an access licence referred to in section 38(1B) of that Act; or

              (iii)     an aquaculture licence within the meaning of the Fisheries Act 1995 that is not subject to a restriction specified in section 43(1AA) of that Act; or

S. 43(2)(a)(iv) amended by No. 40/2020 s. 83(a).

              (iv)     a general permit issued under section 49 of the Fisheries Act 1995 in respect of the carrying out of an activity in a park described in Part 2 of Schedule 3 or Part 1, 2, 4 or 5 of Schedule Four; or

              (v)     a general permit issued under section 49 of the Fisheries Act 1995 that is not subject to a restriction specified in section 49(2A) of that Act; or

S. 43(2)(a)(vi) amended by No. 40/2020 s. 83(b).

              (vi)     a statutory fishing right within the meaning of the Fisheries Management Act 1991 of the Commonwealth in a park described in Part 2 of Schedule Three or Part 1 or 2 of Schedule Four;

S. 43(2)(b) amended by Nos 12/2016 s. 33(a), 40/2020 s. 83(c).

        (b)     a trade or business carried out in accordance with a licence, permit or other authority granted under the Geothermal Energy Resources Act 2005 , the Greenhouse Gas Geological Sequestration Act 2008 , the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 in a park described in Part 8 of Schedule Four or Part 1 of Schedule Nine;

S. 43(2)(c) inserted by No. 12/2016 s. 33(b).

        (c)     a trade or business carried out in accordance with a bee site licence granted under section 142 of the Land Act 1958 .

    (3)     In this section, "trade or business" does not include a trade or business to which Division 3A of Part III applies.

Note

See also section 45A which includes offences relating to marine national parks and marine sanctuaries and section 27C which includes an offence relating to an organised tour or recreational activity conducted for profit in a park.

S. 44 substituted by No. 9247 s. 7, amended by No. 10073
s. 10(c).