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Sydney Harbour Federation Trust Regulations 2001

Authoritative Version
SR 2001 No. 296 Regulations as amended, taking into account amendments up to SLI 2010 No. 48
Administered by: Agriculture, Water and the Environment
Registered 29 Mar 2010
Start Date 27 Mar 2010

Sydney Harbour Federation Trust Regulations 2001

Statutory Rules 2001 No. 296 as amended

made under the

Sydney Harbour Federation Trust Act 2001

This compilation was prepared on 27 March 2010
taking into account amendments up to SLI 2010 No. 48

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra


Contents

Part 1                    Preliminary                                                                 

                        1  Name of Regulations [see Note 1]                                        5

                        2  Commencement                                                                 5

                        3  Definitions                                                                         5

                        4  Application of the Criminal Code                                          6

                        5  Application of road transport legislation                                6

Part 2                    Activities on Trust land                                           

Division 2.1             Prohibited or regulated activities                                   

                        6  Building activities etc                                                          7

                        7  Commercial activities                                                          7

                        8  Hazardous activities                                                           8

                        9  Possession of firearms                                                       9

                       10  Damage to or removal of things from Trust land                     9

                       11  Public assemblies                                                            10

                       12  Dumping of waste, littering etc                                           10

                       13  Use of poisonous substances                                            11

                       14  Animals on Trust land                                                       12

                    14A  Protection of animals on Trust land                                    12

                       15  Plants on Trust land                                                          13

                       16  Use of vehicles on Trust land                                             14

                       17  Use of vessels etc                                                            14

                       18  Taking marine life                                                             15

                       19  Other activities                                                                 15

                       20  Closure of a place on Trust land                                         16

                       21  Failing to comply with safety directions                              17

                       22  Trust may erect notices                                                    17

                    22A  Parking control signs                                                        19

                    22B  Meaning of certain information on parking control signs        20

                       23  Activities that are not offences under this Division                21

                       24  Limit on prosecution                                                         21

                    24A  Offences involving a vehicle or vessel — liability of owner      22

                    24B  Copy of statutory declaration to be served                           25

Division 2.2             Licences and permits                                                     

                       25  Trust may issue licences or permits                                   26

                       26  Contravention of licence or permit conditions                       26

Division 2.3             Offences relating to parking of vehicles                         

                    26A  Definitions                                                                        27

                    26C  Parking for longer than indicated                                        28

                    26D  Parking outside times indicated                                         29

                    26E  Provision for people with disabilities                                    29

                     26F  Parking in ticket parking areas                                           30

                    26G  Stopping or parking in restricted access area                      31

                    26H  Restricted access areas and conditions for stopping or parking in them  32

                      26I  Parking within parking spaces                                           33

Part 3                    Enforcement                                                              

Division 3.1             Rangers                                                                          

                       27  Appointment of rangers                                                     35

                       28  Arrangements for performance of the powers etc of rangers  35

                       29  Identity cards [see Note 2]                                                36

Division 3.2             Powers of rangers                                                          

                       30  Request to state name and address                                   36

                       31  Removal of certain persons from Trust land                         37

                       32  Removal of certain animals from Trust land                         38

                       33  Removal of obstructions etc from Trust land                        38

                       34  Direction to move vehicle                                                   39

                       35  Removal of certain vehicles and abandoned property from Trust land       40

                       36  Disposal of abandoned property                                         41

Division 3.3             Orders                                                                            

                       37  Trust may give orders                                                        42

                       38  Form etc of order                                                              43

                       39  Contravention of order                                                       43

                       40  Trust may carry out work if order is contravened                  44

Division 3.4             Infringement notices                                                      

                    40A  Purpose and effect of Division                                            45

                    40B  Definitions                                                                        45

                    40C  Infringement notice offences                                              45

                    40D  Infringement penalty                                                          46

                    40E  When infringement notices can be issued                           46

                     40F  Contents of infringement notice                                          46

                    40G  Method of serving infringement notices                               47

                    40H  Time for payment of infringement notice penalty                  48

                      40I  Extension of time to pay penalty                                        49

                     40J  Withdrawal of infringement notice                                       49

                    40K  Notice of withdrawal of infringement notices                        50

                     40L  Refund of infringement notice penalty                                 51

                    40M  Effect of payment of infringement penalty                            51

                    40N  Payment of infringement notice penalty — cheques             51

                    40O  Evidentiary certificates                                                      51

Part 4                    Miscellaneous                                                           

                       41  Fees                                                                               53

                       42  Delegation                                                                       53

Notes                                                                                                          54

 


 

 

Part 1                 Preliminary

  

1              Name of Regulations [see Note 1]

                These Regulations are the Sydney Harbour Federation Trust Regulations 2001.

2              Commencement

                These Regulations commence on 12 October 2001.

3              Definitions

                In these Regulations, unless the contrary intention appears:

Act means the Sydney Harbour Federation Trust Act 2001.

assistance animal means an animal trained to help a person who has a disability to lessen the effects of the disability.

Note   A guide dog is an example of an assistance animal.

cultural feature means a feature on Trust land that has cultural heritage significance, and includes features such as:

                (a)    indigenous rock art; and

               (b)    indigenous middens; and

                (c)    inscriptions or carvings made by convicts, or military personnel, before the land was transferred to the Trust.

engage in conduct means:

                (a)    do an act; or

               (b)    omit to perform an act.

identity card, for a ranger, means an identity card issued to the ranger under regulation 29.

infringement notice means an infringement notice served under subregulation 40G (1).

parking control sign has the meaning given by regulation 22A.

ranger means a person appointed under regulation 27.

ranger identification number, for a person appointed as a ranger, means a ranger identification number allocated to the person under subregulation 27 (2).

road means a road that is open to the public but does not include a path for the use of cyclists or pedestrians.

trailer includes a caravan.

Trust officer means an employee of the Trust who:

                (a)    is employed at Trust classification level 6 or higher; and

               (b)    is not a ranger.

vehicle includes the following:

                (a)    a motor vehicle;

               (b)    a bicycle;

                (c)    an animal-drawn vehicle, and an animal that is drawing a vehicle;

               (d)    for a particular vehicle — a trailer attached to the vehicle.

vessel includes a charter boat, water taxi or ferry.

watercraft includes a raft, sailboard, jet ski, parasail, hovercraft or motorised diving aid.

4              Application of the Criminal Code

                On and after 12 October 2001, Chapter 2 of the Criminal Code applies to all offences against these Regulations.

Note   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

5              Application of road transport legislation

         (1)   These Regulations (other than subregulation (2)) do not affect the operation of the road transport legislation (within the meaning of the Road Transport (General) Act 2005 of New South Wales) in relation to roads and road-related areas on Trust land.

         (2)   However, a parking control sign erected by the Trust has effect in the area to which it applies according to its terms.


 

Part 2                 Activities on Trust land

Division 2.1           Prohibited or regulated activities

6              Building activities etc

         (1)   A person must not do any of the following on Trust land:

                (a)    erect a permanent or temporary building or other structure;

               (b)    carry out works;

                (c)    carry on an excavation;

               (d)    introduce, disturb or remove minerals, clay, sand, stone or other earth materials;

                (e)    dig up or disturb the surface of any road or other area.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

7              Commercial activities

         (1)   A person must not do any of the following on Trust land:

                (a)    sell or hire, or offer for sale or hire, any goods;

               (b)    use any audio, loudspeaker or broadcasting equipment or camera (whether photographic, cinematic or video), for a commercial purpose;

                (c)    provide, or offer to provide, any services for fee, gain or reward;

               (d)    distribute any advertising matter or display any advertisement (whether on a billboard or otherwise);

                (e)    conduct any wedding;

                (f)    collect or attempt to collect money;

                (g)    busk.

Penalty:   10 penalty units.

         (2)   Paragraph (1) (d) does not apply to an advertisement displayed:

                (a)    on clothing worn, or personal items carried, by a person; or

               (b)    on a vehicle driven or parked by a person, not being a vehicle driven or parked wholly or mainly for the purpose of displaying the advertisement.

Note   A defendant bears an evidential burden in relation to the matters in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

8              Hazardous activities

         (1)   A person must not do any of the following on Trust land:

                (a)    light any fire, barbecue or stove;

               (b)    carry or set off any firework;

                (c)    land or launch any hot air balloon;

               (d)    land or take-off any other aircraft.

Penalty:   10 penalty units.

         (2)   Paragraph (1) (a) does not apply to a fire, barbecue or stove that is part of cooking facilities provided by the Trust.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

9              Possession of firearms

         (1)   A person must not, on Trust land, carry, discharge or be in possession of, a firearm.

Penalty:   10 penalty units.

         (2)   Subregulation (1) does not apply to:

                (a)    a police officer; or

               (b)    a person who:

                          (i)    is the holder of a licence under the Security Industry Act 1997 of New South Wales; and

                         (ii)    is carrying out functions authorised by the licence.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

10            Damage to or removal of things from Trust land

         (1)   A person commits an offence if:

                (a)    the person does an act; and

               (b)    the act results in the defacement or destruction of, or damage to, or interference with, any building, structure, equipment, notice, sign, barrier, buoy, cultural feature, natural feature, tree, plant or other vegetation on Trust land.

Penalty:   10 penalty units.

         (3)   A person must not remove from Trust land any building, structure, equipment, notice, sign, barrier, buoy, cultural feature, natural feature, tree, plant or other vegetation on the land.

Penalty:   10 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

11            Public assemblies

         (1)   A person must not organise or participate in a public assembly on Trust land.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

         (3)   In subregulation (1):

public assembly means:

                (a)    an organised assembly of persons for the purpose of holding a meeting, demonstration, procession or performance; or

               (b)    a sporting event.

12            Dumping of waste, littering etc

         (1)   A person must not discharge or leave on Trust land:

                (a)    any minerals, mineral waste or other solid waste; or

               (b)    any noxious, offensive or polluting substance.

Penalty:   10 penalty units.

         (2)   A person must not release liquid or gaseous material on Trust land if the release is likely:

                (a)    to pollute the air, soil, water or a watercourse; or

               (b)    to be harmful to any plant or animal; or

                (c)    be harmful or offensive to another person.

Penalty:   10 penalty units.

         (3)   A person must not leave any litter, dung or other refuse on Trust land.

Penalty:   10 penalty units.

         (4)   Subregulations (1) and (2) do not apply to a substance that is a herbicide, pesticide or other poisonous substance.

         (5)   Subregulation (3) does not apply to refuse left in an area or receptacle approved or provided for that purpose by the Trust.

         (6)   An offence against subregulation (1), (2) or (3) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   A defendant bears an evidential burden in relation to a matter in subregulation (4) or (5) (see subsection 13.3 (3) of the Criminal Code).

Note 3   As to the use of herbicides, pesticides or other poisonous substances, see regulation 13.

Note 4   For general circumstances in which an activity will not constitute an offence, see regulation 23.

13            Use of poisonous substances

         (1)   A person must not use on Trust land, or bring onto Trust land, a pesticide, herbicide or other poisonous substance.

Penalty:   10 penalty units.

         (2)   Subregulation (1) does not apply to a pesticide, herbicide or other poisonous substance brought on to Trust land, or reasonably used on Trust land, for a domestic purpose.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

14            Animals on Trust land

         (1)   A person must not cause or allow an animal owned by, or in the charge of, the person, to enter or remain on Trust land.

Penalty:   10 penalty units.

         (2)   Subregulation (1) does not apply to an assistance animal that:

                (a)    is used by a person with a disability; and

               (b)    is at all times restrained on a lead or by other reasonable means.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   A person who, in accordance with a permit or other authority under these Regulations, brings an animal onto Trust land or has charge of an animal on Trust land, must not:

                (a)    allow the animal to be at large; or

               (b)    fail to remove the animal from the Trust land:

                          (i)    if the person lives on the Trust land — when the person ceases to live there; or

                         (ii)    in any other case — when the person leaves the Trust land.

Penalty:   10 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

14A         Protection of animals on Trust land

         (1)   A person must not do any of the following on Trust land:

                (a)    carry or set a trap;

               (b)    deposit any poisonous bait;

                (c)    hunt, interfere with, hurt, or capture an animal on Trust land;

               (d)    have an animal in his or her possession;

                (e)    take or interfere with an animal’s nest, egg, habitation or resting place (including beehives);

                (f)    feed an animal.

Penalty:   10 penalty units.

         (2)   A person must not drop onto Trust land any poisonous bait from an aircraft.

Penalty:   10 penalty units.

      (2A)   Paragraphs (1) (d) and (f) do not apply to a person with a disability in relation to an assistance animal used by the person.

         (3)   Paragraph (1) (d) does not apply to a person who has an animal in his or her possession in accordance with a licence or permit issued under regulation 25.

         (4)   Paragraph (1) (f) does not apply to a person who feeds an animal in accordance with a licence or permit issued under regulation 25.

         (5)   An offence against subregulation (1) or (2) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

15            Plants on Trust land

         (1)   A person must not bring a plant onto, or possess a plant on, Trust land.

Penalty:   10 penalty units.

         (2)   Subregulation (1) does not apply to bringing a plant onto Trust land as food.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code).

         (3)   A person must not cultivate or propagate a plant on Trust land.

Penalty:   10 penalty units.

         (4)   An offence against subregulation (1) or (3) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

16            Use of vehicles on Trust land

         (1)   A person must not drive, ride or tow a vehicle on Trust land that is not a road.

Penalty:   10 penalty units.

      (1A)   A person must not park a vehicle on Trust land that is not a parking area within the meaning of regulation 26A.

Penalty:   5 penalty units.

         (2)   An offence against subregulation (1) or (1A) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

17            Use of vessels etc

         (1)   A person must not, in any waters on Trust land:

                (a)    use, anchor or moor any vessel or other watercraft; or

               (b)    secure a vessel to a wharf of the Trust.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

         (3)   In subregulation (1):

wharf of the Trust means a wharf (including a pier, jetty, landing stage or dock) that is:

                (a)    vested in or managed by the Trust; and

               (b)    within Trust land.

18            Taking marine life

         (1)   A person must not, in any waters on Trust land:

                (a)    fish; or

               (b)    take or remove any marine life; or

                (c)    use, or set, any fishing net, fish trap or other equipment for fishing.

Penalty:   10 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

19            Other activities

         (1)   A person must not, on Trust land:

                (a)    conduct, or participate in, any game or other activity; or

               (b)    operate or use any radio, television, record-player, musical instrument or other sound-generating device;

in a manner that unduly interferes with the amenity of the land.

Penalty:   5 penalty units.

         (2)   A person must not, on Trust land, do any act in a manner that:

                (a)    is disorderly, offensive or indecent; or

               (b)    disturbs or annoys any person engaged in the lawful use of the land.

Penalty:   5 penalty units.

         (3)   A person must not do any of the following on Trust land:

                (a)    cause a remotely controlled device to be flown or operated;

               (b)    camp or use facilities for sleeping overnight;

                (c)    erect any tent or other temporary shelter for accommodation;

               (d)    paint, erect or affix any decoration, sign or other equipment;

                (e)    climb any tree, sculpture, decoration, flagpole or other fixture;

                (f)    ride or use any skate board, roller skates, in-line skates or similar equipment.

Penalty:   5 penalty units.

         (4)   A person must not swim in any waters on Trust land.

Penalty:   5 penalty units.

      (4A)   A person must not, on Trust land, sell or supply liquor to a person who is under 18 years of age.

Penalty:   10 penalty units.

         (5)   An offence against subregulation (1), (2), (3), (4) or (4A) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

20            Closure of a place on Trust land

         (1)   A person commits an offence if:

                (a)    a place on Trust land is closed in accordance with this regulation; and

               (b)    the person enters that place.

Penalty:   5 penalty units.

         (2)   An offence against subregulation (1) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

         (3)   The Trust may close a place on Trust land for the purposes of this regulation.

         (4)   In deciding whether to close a place on Trust land, the Trust must have regard to the objects of the Trust set out in section 6 of the Act.

         (5)   A closure must be indicated by signs, notices, barriers or buoys, or by a combination of any of them.

21            Failing to comply with safety directions

         (1)   If a ranger believes that the safety of a person on Trust land is, or is likely to be, endangered, the ranger may give to the person or another person directions necessary to ensure the safety of the person.

         (2)   A person must not fail to comply with a direction given under subregulation (1) to the person.

Penalty:   5 penalty units.

         (3)   Subregulation (2) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

22            Trust may erect notices

         (1)   The Trust may erect a notice, or cause a notice to be erected, at a place on Trust land for the purposes of these Regulations.

         (2)   A notice must:

                (a)    be clearly legible; and

               (b)    be placed:

                          (i)    where it relates to the whole of an area of Trust land — at each entrance to the area, or in a conspicuous place in or in the vicinity of the area; or

                         (ii)    where it relates to part only of an area of Trust land — at each entrance to that part, or in a conspicuous place in or in the vicinity of that part; or

                         (iii)    where it relates to a building — at or near the entrance to the building.

         (3)   The terms of a notice may relate to any 1 or more of the following:

                (a)    the use of a vehicle, vessel or watercraft in the place;

               (b)    the taking of any animal or thing into the place;

                (c)    the use of any animal or thing in the place;

               (d)    the conduct of any person in the place;

                (e)    entry to, or the use of, the place or any part of the place;

                (f)    the charging of an entry fee for:

                          (i)    a particular event on Trust land; or

                         (ii)    entry onto Trust land on a particular day;

                (g)    the charging of a fee for parking on Trust land;

                (h)    providing for a part of Trust land to be an alcohol‑free zone.

         (4)   The terms of a notice may:

                (a)    apply generally or in a way that is limited by reference to specified exceptions or factors; or

               (b)    apply differently according to specified factors of a specified kind; or

                (c)    do any combination of the things mentioned in paragraphs (a) and (b).

         (5)   Without limiting subregulations (3) and (4), a notice may specify the days and times during which, and the conditions on which:

                (a)    a wharf of the Trust may be used to secure vessels; or

               (b)    vehicles may be used or parked on an area, or part of an area, of Trust land to which the notice applies; or

                (c)    persons may enter an area, or part of an area, of Trust land, or a building, to which the notice applies.

         (6)   A person on Trust land must comply with the terms of a notice.

Penalty:   10 penalty units.

      (6A)   However, subregulation (6) does not apply to a parking control sign.

Note   For non-compliance with a parking control sign, see Division 2.3.

         (7)   An offence against subregulation (6) is an offence of strict liability.

Note 1   For strict liability, see section 6.1 of the Criminal Code.

Note 2   For general circumstances in which an activity will not constitute an offence, see regulation 23.

22A         Parking control signs

                A parking control sign is a sign erected by the Trust under regulation 22 for the purpose of regulating parking, or the use of vehicles, on Trust land.

Examples of parking control signs

 (for a length of road)

 (for an area)

 

 (for a length of road)

Note 1   A parking control sign will have a number within the bordered area in the examples (see regulation 22B).

Note 2   A parking control sign may, in comparison with the examples:

(a)   have different dimensions; or

(b)   have something on it that is different; or

(c)   have additional information on it; or

(d)   have a different number of panels; or

(e)   be combined on a single panel with 1 or more other signs; or

(f)    have words, figures, symbols or anything else on the sign, differently arranged; or

(g)   have an arrow pointing in a different direction.

22B         Meaning of certain information on parking control signs

         (1)   This regulation explains the meaning of certain information on a parking control sign applying to a length of road or an area on Trust land.

Note   This regulation explains the meaning of information on a parking control sign that may need to be explained.  Any other information on a parking control sign has effect according to its terms.

         (2)   A whole number, fraction, or whole number and fraction, immediately to the left of the letter ‘P’ indicates that a person must not park a vehicle on the length of road, or in the area, continuously for longer than the period of hours, or fraction of an hour, equal to the number, fraction, or number and fraction, shown.

         (3)   A number, together with the word ‘minute’, immediately to the right of the letter ‘P’ indicate that a person must not park a vehicle on the length of road, or in the area, continuously for longer than the number of minutes shown.

         (4)   The word ‘ticket’ or the words ‘ticket area’ on a sign indicate that a fee is payable for parking a vehicle by buying a ticket for the length of time the vehicle will be parked and correctly displaying the ticket.

         (5)   A reference on a parking control sign to a marked space, for parking, is a reference to a parking space within the meaning of regulation 26A.

         (6)   A sign with the words ‘every day’ on it means that it applies on every day, including a public holiday.

23            Activities that are not offences under this Division

                An offence provision in this Division does not apply to an activity that:

                (a)    is provided for by, and carried out in accordance with, a plan in effect for the area where the activity is carried out; or

               (b)    is provided for by, and carried out in accordance with, a lease granted by the Trust; or

                (c)    is authorised by the terms of a notice erected by the Trust under regulation 22; or

               (d)    is authorised by a licence or permit in force under regulation 25; or

                (e)    is carried out by or on behalf of, or at the request of, the Trust, or by a ranger; or

                (f)    is carried out for the construction, repair or maintenance of a public utility or facility and is authorised by the Trust; or

                (g)    is carried out by an agency of the Commonwealth, or of New South Wales, and is reasonably necessary for law enforcement; or

                (h)    is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or

                 (i)    occurs because of an accident, other than an accident caused by negligent or reckless behaviour of the person engaging in the activity; or

                (j)    is carried out by a person who is complying with a direction given to the person by:

                          (i)    a ranger; or

                         (ii)    a police officer or an emergency services officer in the performance of his or her duties.

Note   A defendant bears an evidential burden in relation to a matter in this regulation (see subsection 13.3 (3) of the Criminal Code).

24            Limit on prosecution

                A prosecution must not be brought against a person for an offence mentioned in this Division in respect of an activity that is the subject of an order given under regulation 37.

24A         Offences involving a vehicle or vessel — liability of owner

         (1)   The owner of a vehicle or vessel at the time when an offence relating to the vehicle or vessel under these Regulations (a relevant offence) is committed is taken to have committed the offence.

Known user declaration

         (2)   However, the owner of the vehicle or vessel is not taken to have committed a relevant offence if:

                (a)    the vehicle or vessel was, at the time of the offence, stolen or illegally taken or used; or

               (b)    for an owner who is not a body corporate — within 14 days after service of an infringement notice or a summons for the alleged offence, the owner makes, and gives to a Trust officer, a statutory declaration stating:

                          (i)    that it is made for this regulation; and

                         (ii)    that he or she was not in charge of the vehicle or vessel at the time of the alleged offence; and

                         (iii)    the name and address of the person who was in charge of the vehicle or vessel at that time; or

                (c)    for an owner that is a body corporate — within 14 days after service of an infringement notice or a summons for the alleged offence, a director, manager or secretary of the body corporate makes, and gives to a Trust officer, a statutory declaration stating:

                          (i)    that it is made for this regulation; and

                         (ii)    that the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and

                         (iii)    the name and address of the person who was in charge of the vehicle or vessel at that time.

Unknown user declaration

         (3)   If an infringement notice, or a summons, has been served on the owner of a vehicle or vessel for an alleged relevant offence:

                (a)    if the owner is a not a body corporate — the owner (or another person having knowledge of the facts) may within 14 days after service of the notice or summons make, and give to a Trust officer, a statutory declaration stating:

                          (i)    that it is made for this regulation; and

                         (ii)    that the owner was not in charge of the vehicle or vessel at the time of the alleged offence; and

                         (iii)    that the owner (and the declarant, if the declarant is not the owner) has not been able to find out who was in charge of the vehicle or vessel at that time; and

                        (iv)    the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time; or

               (b)    if the owner is a body corporate — a director, manager or secretary of the body corporate may, within 14 days after service of the notice or summons, make, and give to a Trust officer, a statutory declaration stating:

                          (i)    that it is made for this regulation; and

                         (ii)    that, to the knowledge of the declarant, from the facts as set out in the declaration, the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and

                         (iii)    that the declarant and the body corporate have not been able to find out who was in charge of the vehicle or vessel at that time; and

                        (iv)    the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time.

         (4)   At the hearing of a prosecution for a relevant offence against the owner of a vehicle or vessel:

                (a)    if a statutory declaration under paragraph (3) (a) has been given to a Trust officer — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

                          (i)    the owner was not in charge of the vehicle or vessel at the time of the alleged offence; and

                         (ii)    the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time were reasonable in the circumstances of the case and were carried out with due diligence; or

               (b)    if a statutory declaration under paragraph (3) (b) has been given to a Trust officer — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

                          (i)    the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and

                         (ii)    the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time were reasonable in the circumstances of the case and were carried out with due diligence.

         (5)   At the hearing of a prosecution for a relevant offence, a certificate signed by a Trust officer stating that a person named in the certificate has not, in relation to that offence, given a Trust officer a statutory declaration for a provision of this regulation is evidence of the matter so stated.

         (6)   For subregulation (5), a document that purports to have been signed by a Trust officer is to be taken to have been so signed unless the contrary is proved.

         (7)   This regulation does not affect the liability of a person who actually committed the offence if the person was not the owner of the vehicle or vessel involved in the offence but, if a penalty has been imposed on or recovered from any person for the offence, no further penalty may be imposed on or recovered from anyone else for the same offence.

         (8)   In this regulation:

owner, for a vehicle or vessel, means:

                (a)    for a motor vehicle apparently registered under a law of a State or Territory for the registration of motor vehicles — the registered owner; or

               (b)    for a vessel apparently registered under a law of a State or Territory for the registration of vessels — the registered owner; or

                (c)    for any other vehicle or vessel — the person who is legally entitled to possession of the vehicle or vessel.

24B         Copy of statutory declaration to be served

         (1)   This regulation applies if a person is named in a statutory declaration given under paragraph 24A (2) (b) or (c) as being the person who was in charge of a vehicle or vessel at the time of an alleged offence involving the vehicle or vessel.

         (2)   A copy of the statutory declaration must:

                (a)    if an infringement notice for the offence is to be served on the person after the statutory declaration is given — be attached to the infringement notice when it is served; or

               (b)    if the person is to be prosecuted for the offence and paragraph (c) does not apply — be attached to the summons for the offence when it is served on the person; or

                (c)    if the person is to be prosecuted for the offence and a summons for the offence was served on the person before the statutory declaration was given — be served on the person at least 3 days before the commencement of the hearing for the offence.

         (3)   The statutory declaration is admissible in evidence in a prosecution for the offence against the person and is evidence that the person was in charge of the vehicle or vessel at that time.

Division 2.2           Licences and permits

25            Trust may issue licences or permits

         (1)   The Trust may grant a licence or permit authorising a person to carry out on Trust land an activity that would, in the absence of a licence or permit, be prohibited under Division 2.1.

Note   For limitations relating to the grant of a licence before plans for an area take effect, see section 38B of the Act.

         (2)   An application for a licence or permit must:

                (a)    be in writing; and

               (b)    if a fee is charged under subregulation 41 (2) in respect of the application, be accompanied by the fee.

         (3)   In considering whether to grant a licence or permit, the Trust must have regard to the objects of the Trust set out in section 6 of the Act.

         (4)   If a licence or permit is granted, the Trust must issue a licence or permit document to the person to whom it is granted.

         (5)   A licence or permit is subject to the conditions (if any) specified in the licence or permit document.

         (6)   If the Trust refuses to grant a licence or permit, the Trust must give notice in writing of the refusal to the applicant, giving reasons for the refusal.

         (7)   A person may apply to the Administrative Appeals Tribunal for the review of a decision by the Trust:

                (a)    to refuse to grant a licence or permit under this Regulation; or

               (b)    to grant a licence or permit subject to conditions.

26            Contravention of licence or permit conditions

         (1)   A person commits an offence if:

                (a)    a licence or permit has been granted to the person under regulation 25; and

               (b)    the licence or permit is subject to a condition to be complied with by the person; and

                (c)    the person engages in conduct; and

               (d)    the person’s conduct contravenes the condition.

Penalty:   10 penalty units.

         (2)   Strict liability applies to paragraphs (1) (a) and (b).

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 2.3           Offences relating to parking of vehicles

26A         Definitions

                In this Division:

controlled parking hours, in relation to a parking area, means the periods (as set out in an applicable parking control sign) during which a vehicle may not be parked in the parking area unless the appropriate parking fee has been paid.

driver has the meaning given by regulation 26B.

driver’s vehicle, for a driver, means the vehicle being driven by the driver.

mobility parking scheme authority means a mobility parking scheme authority issued under a law of a State, Territory or a foreign country for the use of:

                (a)    a person with a disability; or

               (b)    an organisation in connection with the conveyance of a person with a disability.

park, for a driver, includes stop.

parking area means a length of road or an area designed for parking vehicles.

parking permit for people with disabilities means a permit, issued under the law of a State, Territory or foreign country, that includes a people with disabilities symbol.

parking space means an area for parking a single vehicle that is indicated by road markings consisting of lines, studs, pads, strips or in some other way.

parking ticket means a ticket issued by the Trust (by means of a ticket vending machine) for display in or on a vehicle as evidence of payment of a fee for parking in a ticket parking area.

people with disabilities symbol means a picture of a person seated in a wheelchair, as in the following diagrams:

stop, for a driver, includes park.

ticket parking area has the meaning given by subregulation 26F (2).

26B         Meaning of driver and rider

         (1)   A driver is a person who is driving a vehicle (except a person who is riding a motor cycle, bicycle or animal-drawn vehicle).

         (2)   A rider is a person who is riding a motor cycle, bicycle or animal-drawn vehicle, but does not include a passenger.

         (3)   Drive, and ride, includes be in control of.

         (4)   Unless otherwise expressly stated in this Division:

                (a)    each reference in this Division (other than in this regulation) to a driver includes a reference to a rider; and

               (b)    each reference in this Division (other than in this regulation) to driving includes a reference to riding

26C         Parking for longer than indicated

         (1)   A driver must not park continuously on a length of road, or in an area, to which a parking control sign applies for longer than the period indicated by information on the sign.

Penalty:   5 penalty units.

Note   For how a period is indicated, see subregulations 22B (2) and (3).

         (2)   Subregulation (1) does not apply if regulation 26E applies to the driver.

         (3)   If a parking control sign does not indicate a period and does not indicate that it applies at particular times, or at particular times on particular days, a driver may, at any time, park continuously on a length of road, or in an area, to which the sign applies, unless:

                (a)    another parking control sign applies to the length of road or area; and

               (b)    the driver is prohibited from parking on the length of road, or in the area, under these Regulations.

         (4)   For this regulations, a driver parks continuously on a length of road, or in an area, to which a parking control sign applies, from the time when the driver parks on the length of road, or in the area, until the driver, or another driver, moves the vehicle off the length of road, or out of the area, to which the parking control sign applies.

         (5)   An offence against subregulation (1) is an offence of strict liability.

26D         Parking outside times indicated

                If a parking control sign indicates that it applies at particular times, or at particular times on particular days, a driver may park on the length of road, or in an area, to which the sign applies at a time, or at a time on a day, when the sign does not apply, unless:

                (a)    another parking control sign applies to the length of road or area; and

               (b)    the driver is prohibited from parking on the length of road, or in the area, at that time, or at that time on that day, under these Regulations.

26E         Provision for people with disabilities

         (1)   This regulation applies to a driver if:

                (a)    the driver’s vehicle displays a current parking permit for people with disabilities; and

               (b)    if the permit is a mobility parking scheme authority — the driver’s vehicle is being used for:

                          (i)    the conveyance of the disabled person to whom the authority was issued; or

                         (ii)    the conveyance of a disabled person by an organisation to which the authority was issued; and

                (c)    the driver complies with the conditions of use of the permit.

         (2)   The driver may park continuously on a length of road, or in an area, to which a parking control sign applies for an unlimited period of time.

26F         Parking in ticket parking areas

         (1)   A driver must not park in a ticket parking area unless a current parking ticket is displayed on the dashboard of the vehicle in a manner that the ticket’s date and expiry time are clearly visible to persons outside the driver’s vehicle.

Penalty:   5 penalty units.

         (2)   A ticket parking area is a parking area designated by one or more parking control signs where information on the sign or signs includes the word ‘TICKET’, but does not include any part of the parking area in which the parking of vehicles is prohibited by another provision of these Regulations.

         (3)   A driver does not contravene subregulation (1) if the driver parks in a ticket parking area before obtaining a parking ticket, so long as the driver obtains and displays a current parking ticket in accordance with this regulation immediately after parking the driver’s vehicle.

         (4)   A driver must not allow the driver’s vehicle to remain parked in a ticket parking area after the expiry of the parking ticket displayed in or on the vehicle.

Penalty:   5 penalty units.

         (5)   A driver must not allow the driver’s vehicle to remain parked in a ticket parking area for more than the period of time indicated on the parking control sign or signs that designate the area as the maximum time for which a vehicle may be parked in the area.

Penalty:   5 penalty units.

Note   For how a period of time is indicated, see subregulations 22B (2) and (3).

         (6)   A driver who parks in a ticket parking area does not contravene this regulation if:

                (a)    the driver parks for a period not exceeding the period (if any) for which no fee is payable for parking in the area; or

               (b)    the driver parks outside the controlled parking hours for the area; or

                (c)    regulation 26E applies to the driver.

         (7)   Nothing in this regulation prevents a driver from parking in different parts of the same ticket parking area while displaying the same parking ticket (if the ticket has not expired).

         (8)   This regulation does not apply to the rider of a motor cycle.

         (9)   An offence against subregulation (1), (4) or (5) is an offence of strict liability.

26G         Stopping or parking in restricted access area

         (1)   A driver must not stop or park in a restricted access area unless the driver satisfies the conditions mentioned in regulation 26H for stopping or parking that apply to the restricted access area.

Penalty:   5 penalty units.

         (2)   A restricted access area is a parking area to which a parking control sign applies that permits a driver to stop or park in the area only if particular conditions are satisfied.

         (3)   An offence against subregulation (1) is an offence of strict liability.

26H         Restricted access areas and conditions for stopping or parking in them

                The kinds of restricted access areas, and the conditions for stopping or parking in them, are set out in the following table.

 

Item

Kind of restricted access area

Conditions for stopping or parking in the area

1

Loading zone

1.1  The driver is driving a vehicle that:

   (a)  is dropping off, or picking up, goods; or

   (b)  if a parking control sign with the words ‘authorised deliveries only’ on it applies to the parking area — is dropping off goods that are for the Trust or another occupant of Trust land

1.2  The driver must not stay continuously in the parking area for longer than:

   (a)  30 minutes; or

   (b)  if information on a parking control sign applying to the parking area indicates another time — the indicated time

2

Drop off/pick up zone

2.1  The driver is driving:

   (a)  a vehicle that is dropping off, or picking up, passengers; or

   (b)  a vehicle that a person is getting into or out of or getting on or off

 

 

2.2  A driver must not stay continuously in the parking area for longer than:

   (a)  5 minutes; or

   (b)  if information on a parking control sign applying to the parking area indicates another time — the indicated time

3

Reserved parking zone

The driver’s vehicle is authorised by the Trust to stop or park in the parking area

4

Authorised access zone

The driver’s vehicle is authorised by the Trust to stop or park in the parking area

5

Parking area for people with disabilities

Regulation 26E applies to the driver

6

Parking area for long vehicles

The vehicle is of the kind covered by a parking control sign that applies to the parking area

7

Motor cycle parking area

The vehicle is a motor cycle

26I           Parking within parking spaces

         (1)   A driver must not park a vehicle in a parking space in a way that:

                (a)    any part of the vehicle lies over the road markings by which the parking space is indicated; or

               (b)    is not in accordance with information on a parking control sign that applies to the parking space.

Penalty:   5 penalty units.

Examples for paragraph (b)

1   If a parking control sign that applies to a parking space includes the words ‘park rear to kerb’, or similar words, a vehicle is not parked in accordance with the information on the sign unless the vehicle is parked so that the rear of the vehicle is nearest the kerb.

2   If a parking control sign that applies to a parking space includes words indicating that a vehicle must be parked at a particular angle to the kerb, a vehicle is not parked in accordance with the information on the sign unless the vehicle is parked at an angle to the kerb as near as practicable to the angle mentioned on the sign.

Note   Vehicle includes a trailer: see definition of vehicle in regulation 3.

         (2)   A driver of a vehicle that includes a trailer must not detach the trailer from the vehicle so as to leave the trailer in a parking space in a way that:

                (a)    any part of the trailer lies over the road markings by which the parking space is indicated; or

               (b)    is not in accordance with information on a parking control sign that applies to the parking space.

Penalty:   5 penalty units.

Note   Drivers of vehicles with trailers should park in a long vehicle parking area.

         (3)   An offence against subregulation (1) or (2) is an offence of strict liability.


 

Part 3                 Enforcement

Division 3.1           Rangers

27            Appointment of rangers

         (1)   The Trust may, in writing, appoint as a ranger:

                (a)    an employee of the Trust; or

               (b)    a person covered by an arrangement made under subsection 48 (3) of the Act; or

                (c)    a person covered by an arrangement made under regulation 28; or

               (d)    a person who is the holder of a licence under the Security Industry Act 1997 of New South Wales.

         (2)   The Trust must allocate a ranger identification number to a person appointed as a ranger.

28            Arrangements for performance of the powers etc of rangers

         (1)   The Trust may make arrangements with:

                (a)    the Secretary of a Department of the Australian Public Service; or

               (b)    an authority of the Commonwealth;

for the performance or exercise of all or any of the functions or powers of rangers under these Regulations by employees or officers in that Department or authority, as the case may be.

         (2)   The Trust may enter into an arrangement with the appropriate Minister of New South Wales for:

                (a)    officers or employees in:

                          (i)    the Public Service of that State; or

                         (ii)    an authority of that State; or

                         (iii)    an affected council; or

               (b)    members of the police force of New South Wales;

to perform or exercise all or any of the functions or powers of rangers under these Regulations.

29            Identity cards [see Note 2]

         (1)   The Trust must issue to each ranger (except a member of a police force) an identity card.

         (2)   The identity card must include:

                (a)    a recent photograph of the face of the person to whom it is issued; and

               (b)    the person’s full name; and

                (c)    the year of issue of the card; and

               (d)    a statement that the person has been appointed as a ranger for the purposes of these Regulations.

         (3)   If a person ceases to be a ranger, the person must, as soon as is practicable, return his or her identity card to the Trust.

         (4)   A person commits an offence if the person:

                (a)    is required to return his or her identity card under subregulation (3); and

               (b)    does not return the identity card.

Penalty:   2 penalty units.

         (5)   Strict liability applies to paragraph (4) (a).

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 3.2           Powers of rangers

30            Request to state name and address

         (1)   A ranger who believes on reasonable grounds that a person on Trust land has committed, or is committing, an offence against these Regulations may request the person to state his or her full name and residential address.

         (2)   A person must not fail to comply with a request made to the person under subregulation (1).

Penalty:   5 penalty units.

         (3)   A person must not, in purported compliance with a request made to the person under subregulation (1), give information that the person knows to be false or misleading.

Penalty:   5 penalty units.

         (4)   However, a person does not commit an offence under subregulation (2) or (3) unless the ranger, at the time of making the request:

                (a)    produced his or her identity card, or identification as a police officer; and

               (b)    warned the person that the failure to comply with the request is an offence.

         (5)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

31            Removal of certain persons from Trust land

         (1)   A ranger who believes on reasonable grounds that a person on Trust land has committed, or is committing, an offence against these Regulations may request the person to leave the Trust land immediately.

         (2)   A person must comply with a request made to the person under subregulation (1).

Penalty:   5 penalty units.

         (3)   Despite subregulation (2), a person does not commit an offence under that subregulation unless the ranger, at the time of making the request:

                (a)    produced his or her identity card, or identification as a police officer; and

               (b)    warned the person that the failure to comply with the request is an offence.

         (4)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (5)   A person who fails to comply with a request made to the person may be removed from Trust land by a ranger.

         (6)   However, in effecting a person’s removal, no more force is to be used than is reasonably necessary.

32            Removal of certain animals from Trust land

                A ranger may remove from Trust land any domestic animal that is unattended or at large on the land.

33            Removal of obstructions etc from Trust land

         (1)   A ranger may order the removal from Trust land of anything that the ranger believes, on reasonable grounds, is:

                (a)    causing an obstruction to persons, vehicles or vessels on Trust land; or

               (b)    encroaching on Trust land.

         (2)   The order may be given to either or both of the following:

                (a)    the person who caused the obstruction or encroachment;

               (b)    a person using the thing causing the obstruction or encroachment.

         (3)   A person to whom an order is given in accordance with subregulations (1) and (2) must not fail to comply with the order.

Penalty:   5 penalty units.

         (4)   It is a defence to a prosecution for an offence against subregulation (3) if the defendant complies with the order to the extent to which he or she is capable.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

         (5)   An offence against subregulation (3) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (6)   If a person to whom an order is given in accordance with subregulations (1) and (2) fails to comply with the order, a ranger may remove the obstruction or encroachment.

         (7)   The Trust may recover from either of the persons referred to in subregulation (2) the Trust’s reasonable costs and expenses incurred in removing an obstruction or encroachment.

         (8)   If a ranger removes an obstruction or encroachment, neither the ranger, nor any person who assists him or her to do so, nor the Trust, is liable for any loss of, or damage to, anything causing the obstruction or encroachment that occurs while it is being removed with reasonable care and in accordance with this regulation.

         (9)   This regulation does not apply to an obstruction or encroachment if its presence on Trust land is authorised:

                (a)    by the Trust; or

               (b)    by or under the Act or any other law;

and its presence has not ceased to be so authorised.

34            Direction to move vehicle

         (1)   A ranger who believes, on reasonable grounds, that a vehicle:

                (a)    is being, or has been, used; or

               (b)    is parked;

on Trust land in contravention of these Regulations may direct the driver of the vehicle to move the vehicle.

         (2)   The driver of a vehicle must comply with a direction given to the driver under subregulation (1).

Penalty:   5 penalty units.

         (3)   Despite subregulation (2), a person does not commit an offence under that subregulation unless the ranger, at the time of giving the direction:

                (a)    produced his or her identity card, or identification as a police officer; and

               (b)    warned the person that the failure to comply with the direction is an offence.

         (4)   It is a defence to a prosecution for an offence against subregulation (2) if the defendant complies with the direction to the extent to which he or she is capable.

Note   A defendant bears an evidential burden in relation to the matter in subregulation (4) (see subsection 13.3 (3) of the Criminal Code).

         (5)   An offence against subregulation (2) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

         (6)   In this regulation:

driver includes any adult who appears to be the driver of the vehicle, whether or not he or she is sitting in the driver’s seat of the vehicle.

35            Removal of certain vehicles and abandoned property from Trust land

         (1)   This regulation applies to the following (property):

                (a)    a vehicle mentioned in subregulation 34 (1), the driver of which:

                          (i)    fails to comply with a direction mentioned in subregulation 34 (1); or

                         (ii)    cannot be found after such inquiries by a ranger as are reasonable in the circumstances;

               (b)    any property on Trust land (including any vehicle, vessel, watercraft, structure or materials) that a ranger believes, on reasonable grounds, to have been abandoned.

      (1A)   A ranger (with whatever assistance is reasonably necessary) may move property to a place on Trust land or some other place.

         (2)   The ranger must take reasonable steps to identify the owner of the property and inform the owner of the removal.

         (3)   If the owner of the property cannot be identified, the steps may include publishing, in a newspaper circulating generally in an appropriate place, an advertisement that includes:

                (a)    a description of the property; and

               (b)    the date when, and location of the Trust land from which, the property was removed.

      (3A)   For subregulation (3), an appropriate place is:

                (a)    if the property is a motor vehicle registered in a State or Territory — that State or Territory; or

               (b)    in any other case — New South Wales.

         (4)   The Trust must release the property to its owner on payment to the Trust of the Trust’s reasonable costs of the removal and storage of the property.

         (5)   An amount payable to the Trust is a debt due to the Trust recoverable in a court of competent jurisdiction.

         (6)   The Trust is not required to return the property to a person claiming it unless the person pays the amount due to the Trust under this regulation.

         (7)   If a ranger removes property under this regulation, neither the ranger, nor any person who assists him or her to do so, nor the Trust, is liable for any loss of, or damage to, the property that occurs while it is being moved with reasonable care, and stored, in accordance with this regulation.

36            Disposal of abandoned property

         (1)   The Trust may dispose of property removed under regulation 35 after the expiry of the claim period for the property if, within that period, the costs of removal and storage of the property have not been paid.

         (2)   In subregulation (1):

claim period, for property removed under regulation 35, means 1 month from:

                (a)    the day on which the owner is informed of the removal of the property; or

               (b)    the later of:

                          (i)    if the owner cannot be contacted — the day on which the property was removed; or

                         (ii)    if the owner cannot be identified — the day on which an advertisement mentioned in subregulation 35 (3) was published.

         (3)   The Trust must, as soon as practicable after the end of the financial year in which the Trust sells property under this regulation, give to the Commonwealth the proceeds of the sale, less the reasonable cost of moving, storing and disposing of the property.

Division 3.3           Orders

37            Trust may give orders

         (1)   Subject to this regulation and to regulation 38, the Trust may order any person engaged in promoting, conducting or carrying out an activity on Trust land:

                (a)    not to promote, conduct or carry out the activity; or

               (b)    to cease promoting, conducting or carrying out the activity; or

                (c)    to do, or not to do, such things, in relation to the activity, as are specified in the order and in a way, if any, specified in the order.

         (2)   The Trust may give an order under subregulation (1) only if any of the circumstances mentioned in subregulation (3) exist.

         (3)   For subregulation (2), the circumstances are that there are reasonable grounds for believing that the activity:

                (a)    contravenes these Regulations; or

               (b)    contravenes a condition of a licence or permit granted to the person; or

                (c)    constitutes, or is likely to constitute, a public hazard or a threat to public health or safety; or

               (d)    is causing, or is likely to cause, pollution or environmental damage, or further pollution or environmental damage, on Trust land or elsewhere.

         (4)   If an order is made under paragraph (1) (a) or (b) in respect of an activity, an order may be made under paragraph (1) (c) in respect of the same activity.

         (5)   Without limiting paragraph (1) (c), an order may be given under that paragraph to:

                (a)    demolish, repair or remove a structure on Trust land; or

               (b)    collect, remove or dispose of any plant, noxious substance, litter, refuse or waste on Trust land; or

                (c)    repair any environmental damage on Trust land.

         (6)   A person may apply to the Administrative Appeals Tribunal for the review of a decision by the Trust to give an order under this regulation.

38            Form etc of order

         (1)   An order given under regulation 37 must be in writing.

         (2)   Subject to subregulation (3), the order must specify a reasonable period within which the terms of the order are to be complied with.

         (3)   An order may require immediate compliance in circumstances where there is:

                (a)    a serious risk to health or safety; or

               (b)    a serious risk of pollution or environmental damage; or

                (c)    an emergency.

39            Contravention of order

         (1)   A person commits an offence if:

                (a)    the person is subject to an order given under regulation 37; and

               (b)    the person engages in conduct; and

                (c)    the person’s conduct contravenes the terms of the order.

Penalty:   10 penalty units.

         (2)   Strict liability applies to paragraph (1) (a).

Note   For strict liability, see section 6.1 of the Criminal Code.

40            Trust may carry out work if order is contravened

         (1)   If a person fails to comply with the terms of an order given under regulation 37, the Trust may do anything that is necessary or convenient to give effect to the terms of the order, including any work required by the order.

         (2)   Any expenses incurred by the Trust under subregulation (1) (less the proceeds of any sale under this regulation) together with the costs of recovery, may be recovered by the Trust in a court of competent jurisdiction as a debt due to the Trust.

         (3)   If the Trust gives effect to an order by:

                (a)    removing a structure; or

               (b)    removing any materials or other thing from Trust land;

the Trust may sell any part of the structure, or the materials or other thing, unless the expenses of the Trust in relation to the removal and sale are paid to the Trust within 14 days after the removal.

         (4)   If the proceeds of sale exceed the expenses of the Trust in relation to the removal and sale, the Trust:

                (a)    may deduct from the proceeds an amount equal to those expenses; and

               (b)    must pay the surplus to the owner on demand.

         (5)   If the proceeds of sale do not exceed those expenses, the Trust may:

                (a)    retain the proceeds; and

               (b)    recover the deficiency (if any), together with its costs of recovery, in a court of competent jurisdiction as a debt due to the Trust.

         (6)   Any structure, materials or other thing removed under this regulation that cannot be sold may be destroyed or otherwise disposed of.

         (7)   The Trust may exercise its functions under this regulation whether or not the person concerned has been prosecuted for an offence under regulation 39.

Division 3.4           Infringement notices

40A         Purpose and effect of Division

         (1)   The purpose of this Division is to establish an infringement notice scheme, as an alternative to prosecution, for infringement notice offences.

         (2)   This Division does not:

                (a)    require an infringement notice to be issued to a person for an offence; or

               (b)    affect the liability of a person to be prosecuted for an offence if an infringement notice is not issued to the person for the offence; or

                (c)    prevent the issue of 2 or more infringement notices to a person for an offence; or

               (d)    affect the liability of a person to be prosecuted for an offence if the person does not comply with an infringement notice for the offence; or

                (e)    limit or otherwise affect the penalty that may be imposed by a court on a person convicted of an offence.

40B         Definitions

                In this Division:

infringement notice offence has the meaning given by regulation 40C.

infringement penalty has the meaning given by regulation 40D.

40C         Infringement notice offences

         (1)   Subject to subregulation (2), an offence under Division 2.1, 2.3 or 3.2 is an infringement notice offence.

         (2)   An offence against subregulation 29 (4) is not an infringement notice offence.

Note   Subregulation 29 (4) relates to the return of a ranger’s identity card.

40D         Infringement penalty

                The infringement penalty that is payable under an infringement notice is 20% of the maximum amount of the fine that a court could impose for the offence.

40E         When infringement notices can be issued

                If a ranger has reasonable grounds to believe that a person has committed an infringement notice offence, the ranger may, within 12 months of the alleged commission of the offence, issue the person with an infringement notice for the offence.

40F         Contents of infringement notice

         (1)   An infringement notice must:

                (a)    be identified by a unique number; and

               (b)    state that the notice is issued under these Regulations on behalf of the Trust; and

                (c)    state the ranger identification number of the ranger who issued the notice; and

               (d)    be signed by the ranger who issued the notice; and

                (e)    unless the notice is served in accordance paragraph 40G (4) (b) — state the name and address of the person to whom it is issued; and

                (f)    set out brief details of the offence the person is alleged to have committed, including:

                          (i)    the provision of these Regulations that was allegedly contravened; and

                         (ii)    the maximum penalty that may be imposed by a court for the offence; and

                         (iii)    the time (if known) and the day on which the offence was allegedly committed; and

                        (iv)    the place on Trust land where the offence was allegedly committed; and

                (g)    if a vehicle or vessel was involved in the alleged offence — state its registration number; and

                (h)    state the amount of the infringement penalty that is payable under the notice; and

                 (i)    state how and where the infringement penalty can be paid, including, if the penalty can be paid by posting the payment, the place to which it should be posted; and

                (j)    state that if the person pays the infringement penalty in time:

                          (i)    any liability of the person for the offence is discharged; and

                         (ii)    a prosecution of the offence may not be brought against the person; and

                         (iii)    the person is not regarded as having admitted guilt or liability for the offence; and

                        (iv)    the person is not regarded as having been convicted of the offence; and

               (k)    state that the person may apply to a Trust officer for an extension of time in which to pay the penalty; and

                 (l)    set out how the notice is withdrawn; and

               (m)    state that if the notice is withdrawn:

                          (i)    any amount of penalty paid under the notice must be refunded to the person; and

                         (ii)    the person may be prosecuted in a court for the offence; and

                (n)    state that the person may apply in writing to a Trust officer requesting the withdrawal of the notice.

         (2)   An infringement notice may contain any other information that the Trust considers necessary.

40G         Method of serving infringement notices

         (1)   An infringement notice must be served on the person to whom it is issued.

         (2)   An infringement notice may be served on an individual:

                (a)    personally or by post; or

               (b)    by leaving the notice:

                          (i)    at the last-known place of residence or business of the person; and

                         (ii)    with a person, apparently over the age of 16 years, who appears to live or work at the place.

         (3)   An infringement notice may be served on a corporation:

                (a)    by leaving it at, or by sending it by post to, the address of the head office, a registered office or a principal office, of the corporation; or

               (b)    by giving it, at an office mentioned in paragraph (a), to someone who is, or who the person serving the notice reasonably believes is, an officer or employee of the corporation.

         (4)   For an offence involving a motor vehicle or a vessel, an infringement notice may be served:

                (a)    personally on a person who appears to be in charge of the vehicle or vessel; or

               (b)    by securely placing the notice on the vehicle or vessel in a conspicuous place; or

                (c)    by posting it to the address of the person who is registered as the owner or operator of the vehicle or vessel; or

               (d)    if a statutory declaration under subregulation 24A (2) has been given to a Trust officer — by serving the notice personally on the person named in the statutory declaration as being the person in charge of the vehicle at the time of the alleged offence or posting it to the address of the person given in the statutory declaration.

         (5)   A person must not remove, deface or interfere with an infringement notice placed on a vehicle or vessel under paragraph (4) (b) unless the person is:

                (a)    in charge of the vehicle or vessel; or

               (b)    authorised to do so by the person in charge of the vehicle or vessel.

Penalty:   2 penalty units.

40H         Time for payment of infringement notice penalty

                The penalty specified in an infringement notice must be paid:

                (a)    within 28 days after the day on which the notice is served on the person to whom it is issued; or

               (b)    if an extension of time in which to pay the penalty is granted — within the extension period granted; or

                (c)    if the person applies for an extension of time in which to pay the penalty and the application is refused — within 7 days after the notice of the refusal is served on the person; or

               (d)    if the person applies for the notice to be withdrawn and the application is refused — within 28 days after the notice of the refusal is served on the person.

40I           Extension of time to pay penalty

         (1)   A person served with an infringement notice may apply, in writing, to a Trust officer for an extension of time of up to 28 days in which to pay the penalty specified in the notice.

         (2)   If the application is made after the end of the 28-day period specified in the notice for payment of the penalty, the application must include a statement explaining why the person could not deal with the notice within that period.

         (3)   Within 14 days after receiving the application, the Trust officer must:

                (a)    grant or refuse an extension of time to pay the penalty; and

               (b)    notify the person in writing of the decision, and, if the decision is a refusal, the reasons for it.

         (4)   Notice of the decision may be served on the person in any way in which the infringement notice could have been served on the person.

         (5)   A Trust officer may also grant an extension of time to pay a penalty specified in an infringement notice without an application having been made if he or she believes it is appropriate to do in all the circumstances of the case.

40J         Withdrawal of infringement notice

         (1)   Before the end of 28 days after receiving an infringement notice, a person may apply, in writing, to a Trust officer for the infringement notice to be withdrawn.

         (2)   Within 14 days after receiving the application, the Trust officer must:

                (a)    withdraw, or refuse to withdraw, the notice; and

               (b)    notify the person in writing of the decision, and, if the decision is a refusal, the reasons for the decision.

         (3)   Before withdrawing, or refusing to withdraw, a notice, the Trust officer must consider:

                (a)    whether the person has been convicted previously of an offence against these Regulations; and

               (b)    the circumstances of the offence stated in the notice; and

                (c)    whether the person has previously paid a penalty under an infringement notice issued to the person for an offence of the same type as the offence mentioned in the notice; and

               (d)    any other relevant matter.

         (4)   A Trust officer may also withdraw an infringement notice without an application having been made if he or she believes it is appropriate to do so in all the circumstances of the particular case.

40K         Notice of withdrawal of infringement notices

         (1)   Notice of the withdrawal of an infringement notice may be served on a person in any way in which the infringement notice could have been served on the person.

         (2)   A notice withdrawing an infringement notice served on a person for an offence:

                (a)    must include the following information:

                          (i)    the name and address of the person;

                         (ii)    the number of the infringement notice;

                         (iii)    the date of issue of the infringement notice; and

               (b)    must state that the notice is withdrawn; and

                (c)    if it is proposed that a prosecution be brought against the person for the offence — must state that the person may be prosecuted in a court for the offence.

40L         Refund of infringement notice penalty

                If an infringement notice is withdrawn after the penalty specified in it has been paid, the Trust must refund the amount of the penalty to the person who paid it.

40M        Effect of payment of infringement penalty

                If a person served with an infringement notice pays the penalty specified in the notice within the period specified in the notice (or such further period of time allowed under regulation 40I):

                (a)    any liability of the person for the offence is discharged; and

               (b)    a prosecution of the offence may not be brought against the person for the offence; and

                (c)    the person is not regarded as having admitted guilt or liability for the offence; and

               (d)    the person is not regarded as having been convicted of the offence.

40N         Payment of infringement notice penalty — cheques

                If a person pays an infringement penalty by cheque, payment is not taken to have been made until the cheque has been honoured on presentation.

40O         Evidentiary certificates

         (1)   A Trust officer may sign a certificate that states any of the following in relation to an infringement notice served on a person:

                (a)    that the infringement penalty specified in the infringement notice was not paid by the person within the time specified in the notice;

               (b)    that the Trust officer granted, or refused to grant, an extension of time to the person to pay the infringement penalty;

                (c)    that the infringement penalty was not paid by the person within the period specified in the extension;

               (d)    that the infringement notice was withdrawn under regulation 40J on a day specified in the certificate.

         (2)   At a hearing of a prosecution for an offence mentioned in an infringement notice, a certificate signed by a Trust officer in accordance with subregulation (1) is evidence of the matters specified in the certificate.

         (3)   A certificate that purports to be signed by a Trust officer is taken to have been signed by the Trust officer unless the contrary is proved.


 

Part 4                 Miscellaneous

  

41            Fees

         (1)   The Trust may charge a reasonable fee in respect of a service or facility provided by the Trust on, or in connection with, Trust land.

         (2)   The Trust may charge a fee in respect of an application for a licence, permit or other authority under these Regulations.

         (3)   A fee charged under subregulation (2) must not exceed the reasonable administrative costs of processing the application.

         (4)   In addition to any fee charged under subregulation (2), the Trust may charge a reasonable fee in respect of the carrying out on Trust land of any activity authorised by a licence or permit granted by the Trust.

         (5)   The amount of any fee may be recovered by the Trust as a debt due to the Trust in a court of competent jurisdiction.

42            Delegation

         (1)   The Trust may, by writing, delegate to:

                (a)    the Executive Director; or

               (b)    an SES employee of the Department; or

                (c)    a person employed under section 48 of the Act;

all or any of the functions and powers conferred on the Trust by these Regulations.

         (2)   The Executive Director must report to the Trust at least once every 6 months on the exercise of functions and powers delegated under subregulation (1).


Notes to the Sydney Harbour Federation Trust Regulations 2001

Note 1

The Sydney Harbour Federation Trust Regulations 2001 (in force under the Sydney Harbour Federation Trust Act 2001) as shown in this compilation comprise Statutory Rules 2001 No. 296 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

2001 No. 296

9 Oct 2001

12 Oct 3002

 

2002 No. 312

19 Dec 2002

19 Dec 2002

2009 No. 191

31 July 2009 (see F2009L02985)

1 Aug 2009

2010 No. 48

26 Mar 2010 (see F2010L00746)

27 Mar 2010

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

R. 3.........................................

am. 2002 No. 312; 2009 No. 191; 2010 No. 48

R. 5.........................................

rs. 2010 No. 48

Part 2

 

Division 2.1

 

R. 6.........................................

am. 2009 No. 191

R. 7.........................................

am. 2009 No. 191

R. 8.........................................

am. 2009 No. 191

R. 9.........................................

am. 2009 No. 191

R. 10.......................................

am. 2009 No. 191

R. 11.......................................

am. 2009 No. 191

R. 12.......................................

am. 2009 No. 191

R. 14.......................................

am. 2009 No. 191; 2010 No. 48

R. 14A....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 15.......................................

am. 2009 No. 191

R. 16.......................................

am. 2009 No. 191; 2010 No. 48

R. 17.......................................

am. 2009 No. 191

R. 18.......................................

am. 2009 No. 191

R. 19.......................................

am. 2009 No. 191

R. 20.......................................

am. 2009 No. 191

R. 21.......................................

am. 2002 No. 312

R. 22.......................................

am. 2009 No. 191; 2010 No. 48

R. 22A....................................

ad. 2010 No. 48

R. 22B....................................

ad. 2010 No. 48

R. 23.......................................

am. 2002 No. 312

R. 24A....................................

ad. 2010 No. 48

R. 24B....................................

ad. 2010 No. 48

Division 2.3

 

Division 2.3...........................

ad. 2010 No. 48

R. 26A....................................

ad. 2010 No. 48

R. 26B....................................

ad. 2010 No. 48

R. 26C....................................

ad. 2010 No. 48

R. 26D....................................

ad. 2010 No. 48

R. 26E....................................

ad. 2010 No. 48

R. 26F....................................

ad. 2010 No. 48

R. 26G....................................

ad. 2010 No. 48

R. 26H....................................

ad. 2010 No. 48

R. 26I......................................

ad. 2010 No. 48

Part 3

 

Division 3.1

 

Heading to Div. 3.1..............

rs. 2002 No. 312

Heading to r. 27...................

rs. 2002 No. 312

R. 27.......................................

am. 2002 No. 312; 2010 No. 48

Heading to r. 28...................

rs. 2002 No. 312

R. 28.......................................

am. 2002 No. 312

R. 29.......................................

am. 2002 No. 312; 2009 No. 191

Division 3.2

 

Heading to Div. 3.2..............

rs. 2002 No. 312

R. 30.......................................

am. 2002 No. 312

R. 31.......................................

am. 2002 No. 312; 2009 No. 191

R. 32.......................................

am. 2002 No. 312

R. 33.......................................

am. 2002 No. 312; 2010 No. 48

R. 34.......................................

am. 2002 No. 312; 2009 No. 191

Heading to r. 35...................

rs. 2010 No. 48

R. 35.......................................

am. 2002 No. 312; 2010 No. 48

Division 3.4

 

Division 3.4...........................

ad. 2009 No. 191

R. 40A....................................

ad. 2009 No. 191

R. 40B....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40C....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40D....................................

ad. 2009 No. 191

R. 40E....................................

ad. 2009 No. 191

R. 40F....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40G....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40H....................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40I......................................

ad. 2009 No. 191

 

am. 2010 No. 48

R. 40J.....................................

ad. 2009 No. 191

R. 40K....................................

ad. 2009 No. 191

R. 40L....................................

ad. 2009 No. 191

R. 40M....................................

ad. 2009 No. 191

R. 40N....................................

ad. 2009 No. 191

R. 40O....................................

ad. 2009 No. 191

Note 2

Regulation 29 (2) (b) — Schedule 1 [item 18] of the Sydney Harbour Federation Trust Amendment Regulations 2010 (No. 1) (2010 No. 48) provides as follows:

[18]         After paragraph 29 (2) (b)

substitute

               (b)    the person’s ranger identification number; and

The proposed amendment was misdescribed and is not incorporated in this compilation.