Victorian Numbered Acts Victorian Numbered ActsAfter Part 9 of the Conservation, Forests and Lands Act 1987 insert —
In this Part—
"other relevant regulation" means either of the following—
(a) a regulation made under section 13 of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment to section 13 of that Act;
(b) a regulation made under section 50(5) of the Forests Act 1958 ;
"recorded land" means land which is specified in the Parks Victoria land record as land in respect of which regulations may be made under this section.
(1) The Governor in Council may make regulations for any recorded land for or with respect to—
(a) the care, protection and management of any recorded land or any matter or thing in or on any recorded land or a feature of any recorded land; and
(b) protecting buildings, structures, other permanent works, facilities and amenities on any recorded land from damage or destruction; and
(c) regulating or prohibiting the entry of persons into any recorded land or any area in any recorded land; and
(d) the provision of services and facilities on any recorded land or any area in any recorded land and the conditions under which any services or facilities provided are to be available to or used by any person; and
(e) the carrying out of works and improvements on any recorded land; and
(f) issuing permits and entering into agreements in relation to any recorded land or any area in any recorded land; and
(g) regulating or prohibiting—
(i) the entry of vehicles and vessels into any recorded land or any area in any recorded land; and
(ii) the landing of helicopters and other aircraft in any recorded land or any area in any recorded land; and
(h) prescribing periods during which persons, animals, vehicles, vessels, helicopters or other aircraft may remain in any recorded land or any area in any recorded land; and
(i) prescribing—
(i) any area in any recorded land in which vehicles may be parked or left standing; and
(ii) the periods during which vehicles may be so parked or left standing; and
(j) the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of—
(i) admitting persons, animals or vehicles to any recorded land or area of any recorded land; and
(ii) parking vehicles in any recorded land or area of any recorded land; and
(iii) any improvement, services or facilities on any recorded land or area of any recorded land; and
(iv) permits for the use of any recorded land or area of any recorded land; and
(k) prohibiting or regulating the use by persons of any recorded land or areas of any recorded land and prescribing conditions to be observed by persons using any recorded land or area; and
(l) setting aside areas in any recorded land in which specified activities are permitted, regulated or prohibited; and
(m) prescribing measures to be taken for the safety of persons using any area of recorded land; and
(n) prohibiting or regulating bringing animals into or allowing animals to enter and remain in any recorded land or any area of any recorded land; and
(o) providing for any authorised officer to shoot, destroy or seize an animal, if the authorised officer is satisfied on reasonable grounds that—
(i) the animal has been brought into or allowed to enter or remain in any recorded land in contravention of regulations under paragraph (n); and
(ii) the animal is at large in the recorded land; and
(p) providing that the power for an authorised officer to shoot or destroy an animal in regulations made under paragraph (o) can be exercised without incurring any liability, if the authorised officer shoots or destroys the animal speedily and without causing it unnecessary suffering; and
(q) providing that the power for an authorised officer to seize an animal in regulations made under paragraph (o) can be exercised without incurring any liability if the authorised officer delivers the animal—
(i) to a member of council staff of the municipal council within whose municipal district the recorded land is situated; or
(ii) to another appropriate person or body; and
(r) 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 any recorded land or any area in any recorded land in contravention of the regulations; and
(s) prescribing penalties not exceeding 20 penalty units for a breach of or for failing to comply with the regulations.
(2) Regulations made under subsection (1) may apply to more than one area of recorded land.
(3) Regulations made under subsection (1) may—
(a) be of general or limited application; and
(b) differ according to differences in time, place or circumstance; and
(c) provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether—
(i) unconditionally or on specified conditions; and
(ii) either wholly or to any specified extent; and
(d) provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed; and
(e) confer a discretionary authority or impose a duty on a specified person or body, or a specified class of person or body.
(4) Despite subsection (3)(e), the regulations must not empower any specified person or body, or specified class of persons or bodies, to increase any toll, fee, rent or charge or to introduce any new toll, fee, rent or charge.
(5) If a regulation made under the power in this section applies to an area of land and there is any other relevant regulation applying to the land that deals with the same matter as the regulation made under this section or that is inconsistent with the regulation made under this section, the other relevant regulation ceases to apply to that area of land for the period that the regulation under this section is in force.".