Victorian Consolidated Regulations

NATIONAL PARKS REGULATIONS 2013 - REG 5

    (1)     In these Regulations—

"Aboriginal person "means a person belonging to the indigenous peoples of Australia and any descendants of those peoples;

"Aboriginal tradition "means any tradition, observance, custom or belief that is part of the body of traditions, observances, customs or beliefs—

        (a)     of Aboriginal people generally or of a particular community or group of Aboriginal people; and

        (b)     that relate to particular persons, areas, objects or relationships;

"additional water supply catchment area "means an area set aside under regulation 90;

"aircraft "includes an aeroplane, helicopter, glider, hot air balloon, hang glider, paraglider and parachute;

"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 dog" has the same meaning as it has in the Equal Opportunity Act 2010 ;

"Australian Defence Force" means the Defence Force within the meaning of Part III of the Defence Act 1903 of the Commonwealth;

"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;

Reg. 5(1) def. of Chief Health Officer inserted by S.R. No. 137/2020 reg. 4.

"Chief Health Officer" has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008 ;

"fauna" has the same meaning as it has in the Flora and Fauna Guarantee Act 1988 but does not include fish;

"fire" includes any barbecue other than an electric barbecue;

"Fishery Access Licence" means an access licence within the meaning of section 38 of the Fisheries Act 1995 ;

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

"game licence" has the same meaning as it has in the Wildlife Act 1975 ;

horse includes any animal capable of being ridden or carrying a load;

"hunt" has the same meaning as it has in the Wildlife Act 1975 ;

"in transit" means, in relation to a vehicle in a park, a vehicle that is in transit through the park by a route that is usually open to the public for that purpose;

"indigenous fish" means any kind or species of fish indigenous to Victoria;

Reg. 5(1) def. of indigenous fish preservation area amended by S.R. No. 125/2018 reg. 6(a).

"indigenous fish preservation area" means an area set aside by Parks Victoria under regulation 28;

Reg. 5(1) def. of infectious disease inserted by S.R. No. 137/2020 reg. 4.

"infectious disease" has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008 ;

"litter" has the same meaning as it has in the Environment Protection Act 1970 ;

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

"motorised wheelchair" means a wheelchair that is built to be propelled by a motor that forms part of the wheelchair and which is capable of a speed of not more than 10 kilometres per hour;

Reg. 5(1) def. of occupation permit amended by S.R. No. 125/2018 reg. 6(b).

"occupation permit" means a permit granted under section 21(1) of the Act to occupy an occupation site;

Reg. 5(1) def. of occupation site amended by S.R. No. 125/2018 reg. 6(c).

"occupation site" means a building, camping place or other facility erected set apart or provided in a park in relation to which Parks Victoria may grant a permit under section 21(1) of the Act;

"open season" has the same meaning as it has in the Wildlife Act 1975 ;

"pollute" has the same meaning as it has in the Environment Protection Act 1970 ;

Reg. 5(1) def. of prohibited access area amended by S.R. No. 125/2018 reg. 6(d).

"prohibited access area" means an area set aside by Parks Victoria under regulation 20(1)(a);

"public fireplace" means a fireplace provided in a park for the general use of visitors;

"skiing" includes snowboarding;

Reg. 5(1) def. of snow season amended by S.R. No. 125/2018 reg. 6(e).

"snow season" means—

        (a)     the period commencing on 1 June in a year and ending on 31 October in that year; or

        (b)     if Parks Victoria has declared an alternative period under regulation 99 , the period so declared;

"the Act" means the National Parks Act 1975 ;

"timber "has the same meaning as it has in the Forests Act 1958 ;

"traditional owner" means an Aboriginal person who is a member of a traditional owner group;

"traditional owner group" means—

        (a)     a traditional owner group in relation to which the State has entered into a recognition and settlement agreement under the Traditional Owner Settlement Act 2010 ; or

        (b)     in the case of a traditional owner group in relation to which there is no recognition and settlement agreement in force, a traditional owner group within the meaning of paragraph (b) or (c) of the definition of traditional owner group in the Traditional Owner Settlement Act 2010 ;

"vegetation "means any alga, fungus or flora or part of an alga, fungus or flora, in any stage of biological development and whether alive or dead;

"vehicle "means a conveyance that is designed to be propelled or drawn by any means, whether or not capable of being so propelled or drawn, and includes a bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include—

        (a)     a railway locomotive or railway rolling stock; or

        (b)     an aircraft; or

        (c)     a wheelchair, motorised wheelchair, pram, stroller or other device for the conveyance of children or disabled or injured persons;

"vessel" has the same meaning as it has in the Marine Safety Act 2010 ;

Reg. 5(1) def. of website substituted by S.R. No. 125/2018 reg. 6(f).

"website" means the website of Parks Victoria at www.parks.vic.gov.au;

"wheelchair" means a chair with wheels that is designed or intended to be used for the conveyance of a disabled or injured person.

    (2)     In these Regulations, a park specified in Column 1 of the following table means the park described in the Part of the Schedule to the Act specified in the corresponding entry of Column 2 of that table.

Column 1	Column 2
Name of Park	Part number and Schedule number
Cape Conran Coastal Park	Part 2A of Schedule Three
Cape Howe Marine National Park	Part 2 of Schedule Seven
Gippsland Lakes Coastal Park	Part 6 of Schedule Three
Great Otway National Park	Part 31 of Schedule Two
Kinglake National Park	Part 10 of Schedule Two
Lake Albacutya Park	Part 8 of Schedule Three
Lysterfield Park	Part 10 of Schedule Three
Point Hicks Marine National Park	Part 9 of Schedule Seven
Point Nepean National Park	Part 44 of Schedule Two
Yarra Ranges National Park	Part 39 of Schedule Two