Victorian Current Acts Victorian Current Acts(1) The Governor in Council may make regulations for or with respect to—
S. 48(1)(a) amended by No. 38/1989
ss 15(1)(a), 18(3)(o), substituted by Nos 40/2002 s. 18(a),
40/2020 s. 84(1).
(a) preserving and protecting parks or any matter or thing in any park or a feature of any park;
S. 48(1)(b)(c) repealed by No. 40/2020 s. 84(2).
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S. 48(1)(d) amended by No. 53/2017 s. 28(a).
(d) regulating the proceedings of the National Parks Advisory Council;
S. 48(1)(e) amended by No. 53/2017 s. 28(b), repealed by No. 19/2018 s. 218(1).
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S. 48(1)(f) amended by Nos 38/1989
s. 15(1)(b), 40/2002 s. 18(b), 40/2020 s. 84(3).
(f) the control and management of parks in accordance with section 17, 17A, 17D, 17E, 17F or 18;
(g) protecting from damage or destruction buildings, structures, other permanent works, facilities and amenities in parks;
(h) regulating the entry into parks of persons and regulating or prohibiting the entry into parks of vehicles and vessels and the landing in parks of helicopters and other aircraft and prescribing the periods during which persons, vehicles, vessels, helicopters or other aircraft may remain in parks;
S. 48(1)(ha) inserted by No. 57/1995
s. 15.
(ha) prohibiting or restricting the entry of persons into any specified part of a park;
(i) prescribing the places in parks in which vehicles may be parked or left standing and the periods during which they may be parked or left standing in the places so prescribed;
(j) prescribing tolls, fees and charges for admission of persons vehicles and animals to parks and fees for parking vehicles in parks whether as annual fees or in respect of any other shorter period;
(k) prescribing rules for the collection of prescribed tolls fees and charges;
(l) regulating and controlling the use by the public of parks and prescribing conditions to be observed by persons using parks;
S. 48(1)(la) inserted by No. 45/2013
s. 19(1).
(la) setting aside areas in parks in which specified activities are permitted, restricted or prohibited;
(m) prescribing measures to be taken for the safety of persons using parks;
S. 48(1)(n) amended by Nos 52/1988
s. 161(Sch. 6 item 8.1) (as
amended by No. 20/1993
s. 27(1)(b)) , 65/2010 s. 420 (Sch. 3 item 13).
(n) regulating bathing or prohibiting or regulating spear-fishing or the use of surf boards skiffle boards or other appliances, or the use of surf skis water skis or under-water breathing equipment in such waters as are specified in the regulations and are adjacent to and within 300 metres of a boundary of a park not being waters under the control of a port management body, local port manager or waterway manager within the meaning of the Marine Safety Act 2010 ;
S. 48(1)(o) amended by Nos 10166
s. 19, 12/1989 s. 4(1)(Sch. 2 item 85.2).
(o) prescribing rules prohibiting or restricting the bringing into or allowing the entry into parks of an animal included in a specified class of animals or imposing conditions subject to compliance with which such an animal is permitted to be brought into, allowed to enter or to remain in parks and where, in respect of a park, rules are in force prohibiting the bringing into or allowing the entry into the park of specified animals, prescribing rules permitting an authorized officer where he is satisfied on reasonable grounds that an animal has been brought into or allowed to enter that park in contravention of those first-mentioned rules and that the animal is at large in the park without incurring any liability to shoot or otherwise destroy the animal speedily and without causing it unnecessary suffering or to seize the animal and deliver it to a member of council staff of the municipal council within whose municipal district the park is situated or other appropriate person or body or persons;
S. 48(1)(oa) inserted by No. 45/2013
s. 19(2).
(oa) providing for offences for which the owner of an animal, or a person having care or control of an animal, is guilty if the animal is found in a park in contravention of the regulations;
S. 48(1)(p) repealed by No. 89/1994
s. 39(b),
new s. 48(1)(p) inserted by No. 40/2002 s. 18(c).
(p) for the purposes of section 45A(4), prescribing—
(i) areas of the park described in Part 2 of Schedule Seven; and
(ii) classes of boats; and
(iii) classes of equipment;
S. 48(1)(q) repealed by No. 89/1994
s. 39(b),
new s. 48(1)(q) inserted by No. 40/2002 s. 18(c).
(q) prescribing conditions for approvals under section 45B;
S. 48(1)(r) amended by Nos 10073
s. 10(i), 57/1995
s. 42(5).
(r) prescribing penalties not exceeding 20 penalty units for breaches of the regulations; and
(s) generally prescribing any matters or things authorized or required to be prescribed under this Act.
S. 48(2) substituted by No. 2/1991 s. 4.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstances; and
S. 48(2)(c) substituted by No. 7/1997 s. 13(1).
(c) may confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and
S. 48(2)(ca) inserted by No. 45/2013
s. 19(3), amended by Nos 19/2018 s. 218(2), 42/2021 s. 137.
(ca) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority, including, but not limited to—
(i) the setting aside of areas in parks;
(ii) the granting of permits subject to any reasonable conditions and the revocation of permits; and
S. 48(2)(cb) inserted by No. 45/2013
s. 19(3).
(cb) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—
(i) whether unconditionally or on specified conditions; and
(ii) either wholly or to such an extent as is specified; and
(d) if the regulation is in respect of a toll, fee or charge, may provide for discounts, deductions, concessions or exemptions from the toll, fee or charge.
S. 48(3) substituted by No. 2/1991 s. 4, amended by Nos 7/1997 s. 13(2), 45/2013 s. 19(4).
(3) Despite subsection (2)(c) and (ca), the regulations may not empower any specified person or body or specified class of persons or bodies to increase any toll, fee or charge or to introduce any new toll, fee or charge.
(4) A regulation may be made under this Act in respect of a part of a road that—
(a) is bounded on each side by a park; and
S. 48(4)(b) amended by Nos 9921
s. 255, 44/1989 s. 41(Sch. 2 item 29.5), 12/2004 s. 165(4), 49/2019
s. 186(Sch. 4 item 31.4).
(b) is not a freeway or an arterial road within the meaning of the Road Management Act 2004 or is a freeway or arterial road within the meaning of that Act which has by notice published in the Government Gazette been declared by the Head, Transport for Victoria to be a part of a road to which a regulation under this section may apply—
as if that part of the road formed part of the park.
S. 48(4A) inserted by No. 12/2004 s. 165(5).
(4A) The amendment of subsection (4)(b) by section 165(4) of the Road Management Act 2004 does not affect the operation of any notice published under subsection (4)(b) as in force before the commencement of that amendment.
S. 48(4B) inserted by No. 51/2014 s. 9(Sch. 2 item 13.3).
(4B) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.
S. 48(5) inserted by No. 38/1989
s. 15(2), amended by No. 57/2006 s. 8(1).
(5) Regulations made under this Act may be disallowed in whole or in part, by resolution of either House of Parliament in accordance with the requirements of section 23 of the Subordinate Legislation Act 1994 .
S. 48(6) inserted by No. 38/1989
s. 15(2), amended by No. 57/2006 s. 8(2).
(6) Disallowance of a regulation under subsection (5) must be taken to be disallowance by Parliament for the purposes of the Subordinate Legislation Act 1994 .
S. 48AA inserted by No. 40/2009 s. 39.