Victorian Consolidated Regulations

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ALPINE RESORTS (MANAGEMENT) REGULATIONS 2020 - REG 3

Definitions

In these Regulations—

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

"aircraft" includes an aeroplane, helicopter, glider, hot air balloon, hang-glider, paraglider, parasail, parachute and drone, whether piloted or remote controlled;

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

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

"authorised officer" means a person appointed as an authorised officer under Part 9 of the Conservation, Forests and Lands Act 1987 for the purposes of the Act;

"authorised person "means a person appointed under regulation 27(1) ;

"authority "means an authority issued under these Regulations by the Board of an alpine resort;

"Board "means an Alpine Resort Management Board established under Part 4 of the Act;

"bus" means a motor vehicle with seats for more than 9 persons;

"camp" means—

        (a)     to erect, occupy, or use, for accommodation, a tent, tarpaulin or any similar form of accommodation, shelter or temporary structure; or

        (b)     to occupy or use a swag or sleeping bag; or

        (c)     to occupy or use for accommodation purposes a vehicle, vessel or other moveable form of accommodation;

"campfire or barbecue "means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;

"commercial motor vehicle" has the same meaning as in the Road Safety Act 1986 ;

"cross country skiing" means the activity of skiing across open country, but does not include skiing on downhill ski runs;

"cultural heritage" has the same meaning as in the Heritage Act 2017 ;

"day visitor" means a person who enters an alpine resort after 7.00 a.m. and leaves the alpine resort before midnight on the same day;

"emergency" has the same meaning as in the Emergency Management Act 1986 ;

"emergency activity" has the same meaning as in the Emergency Management Act 1986 ;

"emergency services agency" has the same meaning as in the Emergency Management Act 1986 ;

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

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

"firewood" means dead plant material not attached to a standing plant including a shrub or tree;

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

"inflatable device" means a pneumatic tube or similar device capable of being used for sliding down snow slopes;

"kite ski" means a board, ski or other device that uses the power of a kite or similar equipment to propel a person across the snow;

"liquid fuel, gaseous fuel or chemical fuel "includes any manufactured fuel which can be ignited;

"liquor" has the same meaning as in the Liquor Control Reform Act 1998 ;

"litter" means any solid or liquid domestic or commercial waste, refuse, debris or rubbish and includes any waste glass, metal, plastic, paper, fabric, wood, food, soil, sand, concrete or rocks, abandoned vehicles, abandoned vehicle parts and garden remnants and clippings;

"motor cycle" has the same meaning as in the Road Safety Act 1986 ;

"motor vehicle" has the same meaning as in the Road Safety Act 1986 ;

"pack animal" includes any animal, other than a horse, that is capable of being ridden or carrying a load;

"public fireplace" means a fireplace provided in an alpine resort by a Board for the general use of visitors;

"road" has the same meaning as in section 3(1) of the Road Management Act 2004 ;

"ski-bob" means a non-powered vehicle consisting of a low seat and steering handles and supported by one or 2 skis, that is able to be used for sliding down ski slopes;

"snow feet" means a shoe or boot attachment that is equipped with a ski edge allowing for ease of movement across snow;

"snow season" means—

        (a)     any period declared by the Board of an alpine resort under regulation 8 to be the snow season in respect of the alpine resort in the year or years specified in the declaration; or

        (b)     if a declaration under regulation 8 has not been made in respect of an alpine resort for a particular year, the period commencing on 1 June in the year and ending on 31 October in the year;

"solid fuel" includes—

        (a)     vegetation, wood, coal and coke; and

        (b)     manufactured solid combustible material made from vegetation, wood, coal or coke, including but not limited to, paper, cardboard, sawdust or coal or coke by-products;

"the Act" means the Alpine Resorts (Management) Act 1997 ;

"traditional owner group" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

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

"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"vegetation "means any algae, fungi, non-vascular or vascular plant including any tree, bush, shrub or herb in any stage of biological development and whether alive or dead but does not include—

        (a)     food for human or animal consumption; or

        (b)     plant-based manufactured objects;

"vehicle "has the same meaning as in the Road Safety Act 1986 but does not include any of the following—

        (a)     a wheelchair;

        (b)     a motorised wheelchair;

        (c)     a pram or stroller;

        (d)     any other device used for the conveyance of disabled or injured persons;

"volunteer emergency worker" has the same meaning as in the Emergency Management Act 1986 ;

"waste" includes—

        (a)     any matter whether solid, liquid, gaseous or radio-active which is discharged, emitted or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment; and

        (b)     any greenhouse gas substance emitted or discharged into the environment; and

        (c)     any discarded, rejected, unwanted surplus or abandoned matter; and

        (d)     any otherwise discarded, rejected, unwanted surplus or abandoned matter intended for—

              (i)     recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter; or

              (ii)     sale.

Division 2—Application of Regulations



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