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Sydney Harbour Federation Trust Regulations 2021

Authoritative Version
Regulations as made
This instrument remakes regulations made under the Sydney Harbour Federation Trust Act 2001 and deals with certain activities on Sydney Harbour Federation Trust (Trust) land, as well as the powers and functions of the Trust and rangers in relation to Trust land. It also deals with the use and parking of vehicles on Trust land, the appointment, and functions and powers, of rangers and miscellaneous matters such as the charging of fees by the Trust.
Administered by: Agriculture, Water and the Environment
Registered 13 Sep 2021

Commonwealth Coat of Arms of Australia

 

Sydney Harbour Federation Trust Regulations 2021

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 02 September 2021

David Hurley

Governor‑General

By His Excellency’s Command

Sussan Ley

Minister for the Environment

 

 

 

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

5............ Simplified outline of this instrument.............................................................................. 1

6............ Definitions..................................................................................................................... 2

7............ Meaning of driver and rider.......................................................................................... 4

Part 2—Activities on Trust land                                                                                                              5

Division 2.1—Simplified outline of this Part                                                                               5

8............ Simplified outline of this Part........................................................................................ 5

Division 2.2—Licences and permits                                                                                                5

9............ Trust may grant licences or permits............................................................................... 5

10.......... Conditions of licences and permits................................................................................ 6

11.......... Variation and revocation of licences and permits........................................................... 6

12.......... Notice and review of decisions relating to licences and permits.................................... 7

Division 2.3—Activities that are not offences under this Part                                          8

13.......... Activities that are not offences under Division 2.4 or Division 2.5............................... 8

Division 2.4—Prohibited or regulated activities                                                                      8

14.......... Building activities etc..................................................................................................... 8

15.......... Commercial activities etc............................................................................................... 9

16.......... Hazardous activities....................................................................................................... 9

17.......... Possession etc. of firearms............................................................................................ 9

18.......... Damage to or removal of things from Trust land......................................................... 10

19.......... Public assemblies........................................................................................................ 10

20.......... Dumping of waste, littering etc.................................................................................... 11

21.......... Use of poisonous substances...................................................................................... 11

22.......... Animals on Trust land................................................................................................. 12

23.......... Protection of animals on Trust land............................................................................. 13

24.......... Plants on Trust land..................................................................................................... 13

25.......... Use of vehicles on Trust land...................................................................................... 14

26.......... Use of vessels etc........................................................................................................ 14

27.......... Taking marine life........................................................................................................ 14

28.......... Sale and supply of liquor on Trust land....................................................................... 14

29.......... Other activities............................................................................................................. 15

30.......... Closure of a place on Trust land.................................................................................. 16

31.......... Failing to comply with safety directions...................................................................... 16

32.......... Trust may erect notices................................................................................................ 16

33.......... Limit on prosecution.................................................................................................... 17

Division 2.5—Parking of vehicles                                                                                                   17

Subdivision A—General                                                                                                                   17

34.......... Parking control signs................................................................................................... 17

35.......... Meaning of certain information on parking control signs............................................ 18

36.......... Provision for persons with disability........................................................................... 19

Subdivision B—Offences                                                                                                                  19

37.......... Parking in areas other than parking areas.................................................................... 19

38.......... Parking for longer than indicated................................................................................. 19

39.......... Parking in ticket parking areas..................................................................................... 19

40.......... Stopping or parking in restricted access area............................................................... 20

41.......... Restricted access areas and conditions for stopping or parking in them...................... 21

42.......... Parking within parking spaces..................................................................................... 22

Division 2.6—Liability for offences involving a vehicle or vessel                                 22

43.......... Offences involving a vehicle or vessel—liability of owner......................................... 22

44.......... Copy of statutory declaration to be served................................................................... 24

Part 3—Enforcement                                                                                                                                   26

Division 3.1—Simplified outline of this Part                                                                             26

45.......... Simplified outline of this Part...................................................................................... 26

Division 3.2—Rangers                                                                                                                          26

46.......... Appointment of rangers............................................................................................... 26

47.......... Arrangements for exercise of powers etc. of rangers.................................................. 26

48.......... Identity cards............................................................................................................... 27

Division 3.3—Powers of rangers                                                                                                    28

49.......... Request to state name and address............................................................................... 28

50.......... Removal of certain persons from Trust land................................................................ 28

51.......... Removal of certain animals from Trust land................................................................ 28

52.......... Removal of obstructions etc. from Trust land.............................................................. 28

53.......... Ranger may remove obstructions etc. if order not complied with................................ 29

54.......... Direction to move vehicle............................................................................................ 30

55.......... Ranger may remove vehicle if direction not complied with......................................... 30

56.......... Removal of certain vehicles and abandoned property from Trust land........................ 31

57.......... Disposal of certain vehicles and abandoned property.................................................. 32

Part 4—Miscellaneous                                                                                                                                 33

58.......... Simplified outline of this Part...................................................................................... 33

59.......... Fees............................................................................................................................. 33

60.......... Delegation................................................................................................................... 34

Part 5—Application and transitional provisions                                                                         35

61.......... Licences and permits................................................................................................... 35

62.......... Closure of places on Trust land................................................................................... 35

63.......... Appointment of rangers............................................................................................... 35

64.......... Delegations.................................................................................................................. 35

65.......... Other things done under the Sydney Harbour Federation Trust Regulations 2001..... 35

66.......... Conduct, event, circumstances occurring before commencement................................ 36

Schedule 1—Repeals                                                                                                                                     37

Sydney Harbour Federation Trust Regulations 2001                                                                  37

 


Part 1Preliminary

  

1  Name

                   This instrument is the Sydney Harbour Federation Trust Regulations 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

14 September 2021

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Sydney Harbour Federation Trust Act 2001.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Simplified outline of this instrument

This instrument deals with certain activities on Trust land, as well as the powers and functions of the Trust and rangers in relation to Trust land.

The Trust may grant a licence or permit authorising activities on Trust land that would otherwise be prohibited under Part 2.

Activities that, in the absence of a licence, permit or defence under Part 2, are prohibited on Trust land include the following:

       (a)     certain building and commercial activities on Trust land;

      (b)     the destruction of, damage to or removal of things from Trust land;

       (c)     bringing certain animals, plants or poisonous substances onto Trust land.

Part 2 also deals with the use and parking of vehicles on Trust land.

Part 3 deals with the appointment, and functions and powers, of rangers.

Part 4 deals with miscellaneous matters such as the charging of fees by the Trust.

6  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    affected council;

(b)    Executive Director;

(c)    Trust;

(d)    Trust land.

                   In this instrument:

Act means the Sydney Harbour Federation Trust Act 2001.

assistance animal has the same meaning as in the Disability Discrimination Act 1992.

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

claim period: see subsection 57(2).

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

covered by a disability exemption: see section 36.

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.

dispose of an object: see subsection 57(2).

domestic purpose: see subsection 21(3).

drive: see subsection 7(3).

driver: see subsection 7(1).

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

identity card, for a ranger, means an identity card issued to the ranger under section 48.

liquor means:

                     (a)  a beverage which, at 20° Celsius, contains more than 1.15% ethanol by volume; or

                     (b)  any thing that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits.

long vehicle means a vehicle that, together with any load or projection, is 7.5 metres long, or longer.

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 disability; or

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

owner, in Division 2.6: see subsection 43(8).

park, for a driver, includes stop.

parking area means:

                     (a)  for vehicles that are not bicycles—a length of road or an area designed for parking vehicles other than bicycles; or

                     (b)  for vehicles that are bicycles—an area designed for parking bicycles, including bicycle racks.

parking control sign: see subsection 34(1).

parking permit for persons with disability means a permit, issued under the law of a State, Territory or foreign country, that includes a persons with disability 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 on the dashboard of a vehicle as evidence of payment of a fee for parking in a ticket parking area.

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

 

A blue square with the International Symbol of Access, being an outline of a person seated in a wheelchair, overlaid in white

A white square with the International Symbol of Access, being an outline of a person seated in a wheelchair, overlaid in blue

public assembly: see subsection 19(5).

ranger means a person appointed as a ranger under section 46.

ranger identification number, for a person appointed as a ranger, means a ranger identification number allocated to the person under subsection 46(2).

restricted access area: see subsection 40(2).

ride: see subsection 7(3).

rider: see subsection 7(2).

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

ticket parking area: see subsection 39(2).

trailer includes a caravan.

Trust officer means an employee of the Trust who:

                     (a)  is employed at Trust classification level 5 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.

wharf of the Trust: see subsection 26(3).

7  Meaning of driver and rider

             (1)  A driver is a person who is driving a vehicle (except a person who is riding a motorcycle, bicycle or animal‑drawn vehicle) and includes any adult who appears to be the driver of the vehicle, whether or not the adult is sitting in the driver’s seat of the vehicle.

             (2)  A rider is a person who is riding a motorcycle, 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 instrument:

                     (a)  each reference in this instrument (other than in this section) to a driver includes a reference to a rider; and

                     (b)  each reference in this instrument (other than in this section) to driving includes a reference to riding.

Part 2Activities on Trust land

Division 2.1Simplified outline of this Part

8  Simplified outline of this Part

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 the licence or permit, be prohibited under this Part.

A licence or permit may be granted subject to conditions to be complied with by the holder of the licence or permit. Certain decisions of the Trust are reviewable, including a decision to not grant a licence or permit or a decision to revoke a licence or permit.

Activities that, in the absence of a licence, permit or defence under this Part, are prohibited on Trust land include the following:

       (a)     certain building and commercial activities on Trust land;

      (b)     the destruction of, damage to or removal of things from Trust land;

       (c)     bringing certain animals, plants or poisonous substances onto Trust land.

The Trust may close places on Trust land and give directions necessary to ensure the safety of persons on Trust land. The Trust may also erect notices on Trust land for the purposes of informing persons about a requirement or matter in this instrument or the Act.

This Part also deals with the use and parking of vehicles on Trust land, including the erection of parking control signs and the designation of ticket parking areas.

In certain circumstances, the owner of a vehicle or vessel at the time when an offence against this instrument relating to the vehicle or vessel is committed is taken to have committed the offence.

Division 2.2Licences and permits

9  Trust may grant 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 the licence or permit, be prohibited under Division 2.4 or 2.5.

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 be in writing.

             (3)  The Trust is not required to deal with an application for a licence or permit if any fee payable under section 59 in respect of the application is unpaid.

             (4)  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.

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

10  Conditions of licences and permits

             (1)  A licence or permit granted under section 9 is subject to the conditions (if any) specified in the licence or permit document.

             (2)  A licence or permit document must not specify conditions that would have the effect of authorising an activity mentioned in subsection 28(2).

             (3)  A person commits an offence if:

                     (a)  a licence or permit has been granted to the person under section 9; and

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

                     (c)  the person does an act or omits to perform an act; and

                     (d)  the person’s act or omission contravenes the condition.

Penalty:  10 penalty units.

             (4)  Strict liability applies to subsection (3).

11  Variation and revocation of licences and permits

             (1)  The Trust may vary or revoke a licence or permit granted under section 9:

                     (a)  on the Trust’s own initiative; or

                     (b)  on written request from the holder of the licence or permit.

             (2)  In deciding whether to vary or revoke a licence or permit, the Trust may have regard to the following matters:

                     (a)  whether the variation or revocation is consistent with the objects of the Trust set out in section 6 of the Act;

                     (b)  whether the holder of the licence or permit has complied with the conditions (if any) specified in the licence or permit document;

                     (c)  in the case of a revocation—whether a force majeure or other event has occurred, or is occurring, which means it is not safe, practicable or desirable to carry out the activity authorised by the licence or permit.

             (3)  If the Trust varies a licence or permit, the Trust must issue a new licence or permit document to the holder of the licence or permit.

             (4)  The new licence or permit document may specify conditions in accordance with section 10.

12  Notice and review of decisions relating to licences and permits

Written notice of certain decision of Trust

             (1)  The Trust must give the applicant for a licence or permit written notice of a decision of the Trust under section 9 to refuse to grant the licence or permit.

             (2)  The Trust must give the holder of a licence or permit written notice of the following decisions of the Trust:

                     (a)  a decision under section 11 to refuse to vary or revoke the licence or permit as requested;

                     (b)  a decision under section 11 to vary the licence or permit on the Trust’s own initiative;

                     (c)  a decision under section 11 to revoke the licence or permit.

             (3)  The written notice must include the reasons for the decision.

Review of certain decisions of Trust

             (4)  Applications may be made to the Administrative Appeals Tribunal for review of the following decisions of the Trust:

                     (a)  a decision under section 9 to refuse to grant a licence or permit;

                     (b)  a decision under section 10 to grant a licence or permit subject to conditions;

                     (c)  a decision under section 11 to refuse to vary or revoke a licence or permit as requested;

                     (d)  a decision under section 11 to vary or revoke a licence or permit other than as requested (including on the Trust’s own initiative).

Division 2.3Activities that are not offences under this Part

13  Activities that are not offences under Division 2.4 or Division 2.5

                   An offence provision in Division 2.4 or Division 2.5 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 or licence granted by the Trust; or

                     (c)  is authorised by, and carried out in accordance with, a licence or permit in force under section 9; or

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

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

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

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

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

                      (i)  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 the officer’s duties.

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

Division 2.4Prohibited or regulated activities

14  Building activities etc.

             (1)  A person commits an offence if the person does any of the following on Trust land:

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

                     (b)  carries out works;

                     (c)  carries on an excavation;

                     (d)  introduces, disturbs or removes minerals, clay, sand, stone or other earth materials;

                     (e)  digs up or disturbs the surface of any road or other area.

Penalty:  10 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

15  Commercial activities etc.

             (1)  A person commits an offence if the person does any of the following on Trust land:

                     (a)  sells or hires, or offers for sale or hire, any goods;

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

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

                     (d)  distributes any advertising matter or displays any advertisement (whether on a billboard or otherwise);

                     (e)  conducts any wedding;

                      (f)  collects, or attempts to collect, money;

                     (g)  busks;

                     (h)  conducts, or participates in, an organised sporting activity or event.

Penalty:  10 penalty units.

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

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

                     (b)  on a vehicle driven or parked by the 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 subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

16  Hazardous activities

             (1)  A person commits an offence if the person does any of the following on Trust land:

                     (a)  lights any fire, barbecue or stove that is not, or is not part of, a cooking facility provided by the Trust;

                     (b)  carries or sets off any firework;

                     (c)  lands or launches any hot air balloon;

                     (d)  lands, launches or takes‑off any other aircraft.

Penalty:  10 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

17  Possession etc. of firearms

             (1)  A person commits an offence if the person carries, discharges, or is in possession of, a firearm on Trust land.

Penalty:  10 penalty units.

             (2)  Subsection (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 (NSW); and

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

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

             (3)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

18  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.

             (2)  A person commits an offence if the person removes any building, structure, equipment, notice, sign, barrier, buoy, cultural feature, natural feature, tree, plant or other vegetation from Trust land.

Penalty:  10 penalty units.

             (3)  Strict liability applies to subsections (1) and (2).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

19  Public assemblies

             (1)  A person must notify the Trust if the person intends to hold a public assembly on Trust land.

             (2)  The Trust may, after being notified of a public assembly under subsection (1), prohibit the public assembly, if the public assembly is a type of assembly covered by any of the following paragraphs:

                     (a)  the assembly is a commercial activity;

                     (b)  the proposed number of participants in the assembly may result in public safety concerns due to the size or area of Trust land where the assembly is proposed to be held;

                     (c)  the assembly is likely to:

                              (i)  result in violence; or

                             (ii)  endanger the safety or security of individuals; or

                            (iii)  severely damage Trust land or property; or

                            (iv)  interfere with the rights of other persons to enjoy Trust land.

             (3)  If the Trust decides to prohibit a public assembly, the Trust must give the person mentioned in subsection (1) written notice of:

                     (a)  the decision to prohibit the public assembly; and

                     (b)  the reasons for the decision.

             (4)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Trust under this section to prohibit a public assembly.

             (5)  In this section:

public assembly means an organised assembly of persons for the purpose of holding a meeting, demonstration, procession or performance.

20  Dumping of waste, littering etc.

             (1)  A person commits an offence if the person discharges or leaves 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 commits an offence if:

                     (a)  the person releases liquid or gaseous material on Trust land; and

                     (b)  the release is likely:

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

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

                            (iii)  be harmful or offensive to another person.

Penalty:  10 penalty units.

             (3)  A person commits an offence if the person leaves any litter, dung or other refuse on Trust land, or in an area or receptacle on Trust land, that is not approved or provided for that purpose by the Trust.

Penalty:  10 penalty units.

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

Note 1:       For the use of herbicides, pesticides or other poisonous substances, see section 21.

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

             (5)  Strict liability applies to subsections (1), (2) and (3).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

21  Use of poisonous substances

             (1)  A person commits an offence if the person uses on Trust land, or brings onto Trust land, a pesticide, herbicide or other poisonous substance.

Penalty:  10 penalty units.

             (2)  Subsection (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 subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  A domestic purpose includes the use of a pesticide, herbicide or other poisonous substance for an activity such as cleaning or gardening by, or on behalf of, persons who:

                     (a)  live on Trust land; or

                     (b)  operate a business on Trust land, for which such an activity is a reasonable part of the business operations.

             (4)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

22  Animals on Trust land

             (1)  A person commits an offence if the person causes or allows an animal owned by, or in the charge of, the person to enter or remain in any of the following places on Trust land:

                     (a)  Cockatoo Island;

                     (b)  North Head Sanctuary;

                     (c)  Georges Heights Oval;

                     (d)  Middle Head Oval;

                     (e)  Drill Hall Common;

                      (f)  a building.

Penalty:  10 penalty units.

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

                     (a)  is being used by a person with 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 subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  A person commits an offence if:

                     (a)  the person causes or allows an animal owned by, or in the charge of, the person to enter or remain in a place on Trust land, other than a place mentioned in subsection (1); and

                     (b)  the animal is not at all times restrained on a lead or by other reasonable means.

Penalty:  10 penalty units.

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

                     (a)  brings an animal onto, or has charge of an animal on, Trust land; and

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

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

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

Penalty:  10 penalty units.

             (5)  Strict liability applies to subsections (1), (3) and (4).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

23  Protection of animals on Trust land

             (1)  A person commits an offence if the person does any of the following on Trust land:

                     (a)  carries or sets a trap;

                     (b)  deposits any poisonous bait;

                     (c)  hunts, interferes with, hurts or captures an animal;

                     (d)  takes or interferes with an animal’s nest, egg, habitation or resting place (including beehives);

                     (e)  feeds an animal.

Penalty:  10 penalty units.

             (2)  A person commits an offence if the person drops any poisonous bait from an aircraft onto Trust land.

Penalty:  10 penalty units.

             (3)  Paragraph (1)(e) does not apply to a person in relation to an animal owned by, or in the charge of, the person.

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

             (4)  Strict liability applies to subsections (1) and (2).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

24  Plants on Trust land

             (1)  A person commits an offence if the person brings a plant onto, or possesses a plant on, Trust land.

Penalty:  10 penalty units.

             (2)  Subsection (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 subsection (2) (see subsection 13.3(3) of the Criminal Code).

             (3)  A person commits an offence if the person cultivates or propagates a plant on Trust land.

Penalty:  10 penalty units.

             (4)  Strict liability applies to subsections (1) and (3).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

25  Use of vehicles on Trust land

             (1)  A person commits an offence if the person drives a vehicle on Trust land that is not:

                     (a)  for a vehicle that is not a bicycle—a road; or

                     (b)  for a vehicle that is a bicycle—a road or a path for the use of cyclists.

Penalty:  10 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

26  Use of vessels etc.

             (1)  A person commits an offence if, in any waters within Trust land, the person:

                     (a)  uses, anchors or moors any vessel or other watercraft; or

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

Penalty:  10 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

             (3)  In subsection (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.

27  Taking marine life

             (1)  A person commits an offence if the person does any of the following in any waters within Trust land:

                     (a)  fish;

                     (b)  takes or removes any marine life;

                     (c)  uses, or sets, any fishing net, fish trap or other equipment for fishing.

Penalty:  10 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

28  Sale and supply of liquor on Trust land

             (1)  A person commits an offence if the person, on Trust land, sells or supplies liquor.

Penalty:  10 penalty units.

             (2)  A person commits an offence if the person, on Trust land, sells or supplies liquor to a person who is under 18 years of age.

Penalty:  10 penalty units.

             (3)  Strict liability applies to subsections (1) and (2).

Note 1:       For general circumstances in which an activity will not constitute an offence, see section 13.

Note 2:       A licence or permit granted under section 9 must not specify conditions that would have the effect of authorising an activity mentioned in subsection (2) of this section (see subsection 10(2)).

29  Other activities

             (1)  A person on Trust land commits an offence if the person:

                     (a)  conducts, or participates in, any game or other activity; or

                     (b)  operates or uses 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 on Trust land commits an offence if the person does 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 commits an offence if the person does any of the following on Trust land:

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

                     (b)  camps or uses facilities for sleeping overnight;

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

                     (d)  paints, erects or affixes any decoration, sign or other equipment;

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

                      (f)  rides or uses any skate board, roller skates, in‑line skates or similar equipment;

                     (g)  plays or practices golf.

Penalty:  5 penalty units.

             (4)  A person commits an offence if the person swims in any waters within Trust land.

Penalty:  5 penalty units.

             (5)  Strict liability applies to subsections (1), (2), (3) and (4).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

30  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 section; and

                     (b)  the person enters that place.

Penalty:  5 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

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

             (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.

             (6)  Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Trust under this section to close a place on Trust land.

31  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 commits an offence if:

                     (a)  the person is given a direction under subsection (1); and

                     (b)  the person fails to comply with the direction.

Penalty:  5 penalty units.

             (3)  Strict liability applies to subsection (2).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

32  Trust may erect notices

             (1)  The Trust may, at a place on Trust land, erect a notice, or cause a notice to be erected, for the purposes of informing persons about a requirement or a matter in the Act or prescribed by this instrument.

             (2)  A notice must:

                     (a)  be clearly legible; and

                     (b)  be placed:

                              (i)  for a notice that 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)  for a notice that 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)  for a notice that relates to a building—at or near the entrance to the building.

             (3)  A notice may:

                     (a)  use any combination of words, numbers or symbols to inform persons about a requirement or matter; and

                     (b)  relate to more than one requirement or matter.

33  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 section 65B of the Act.

Division 2.5Parking of vehicles

Subdivision AGeneral

34  Parking control signs

             (1)  The Trust may erect, or cause to be erected, a sign (a parking control sign) at a place on Trust land for the purpose of regulating parking, or the use of vehicles, on Trust land.

Examples of parking control signs

             (2)  Without limiting what a parking control sign may look like, a parking control sign may look like one of the following examples:

 

For a length of road

For an area

For a length of road

A white rectangular sign with portrait orientation. In the upper left corner is an empty portrait rectangle with a dashed line border. In the upper right corner is a capital P in green. At the bottom of the sign is a green arrow pointing towards the left

A white rectangular sign with portrait orientation. At the top of the sign, the words PARKING AREA are written in black capital letters. Beneath this heading, the sign has an empty square with a dashed line border in the upper left corner and a capital P in green in the upper right corner

A white rectangular sign with portrait orientation. In the upper left corner is a capital P in green. In the upper right corner is an empty square with a dashed line border. Beneath this square, the word MINUTE is written in green capital letters. At the bottom of the sign is a green arrow pointing towards the left

Note 1:       A parking control sign will have a number within the bordered area in the examples (see section 35).

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 one 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.

Form and terms of parking control signs

             (3)  A parking control sign must:

                     (a)  be clearly legible; and

                     (b)  be placed:

                              (i)  for a sign that 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)  for a sign that 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)  for a sign that relates to a length of road on Trust land—at the beginning and end of that length of road, or in a conspicuous place or places along that length of road.

             (4)  The terms of a parking control sign may do any of the following:

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

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

             (5)  Without limiting subsections (3) and (4), a parking control sign may specify the days and times during which, and the conditions on which, vehicles may be used or parked in the area or part of an area of Trust land, or on the length of road on Trust land, to which the notice relates.

             (6)  Without limiting subsections (3) and (4), a parking control sign may specify the fee to be paid to park in the area or part of an area of Trust land, or on the length of road on Trust land, to which the notice relates.

35  Meaning of certain information on parking control signs

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

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

             (3)  The word ‘ticket’, or the words ‘ticket area’, on a parking control sign indicates that a fee is payable for parking a vehicle on the length of road, or in the area, to which the sign relates.

             (4)  A reference on a parking control sign to a marked space, for parking, is a reference to a parking space.

             (5)  The words ‘every day’ on a parking control sign indicates that the sign applies on every day, including a public holiday.

             (6)  Any other information on a parking control sign has effect according to its terms.

36  Provision for persons with disability

                   A driver is covered by a disability exemption if:

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

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

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

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

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

Subdivision BOffences

37  Parking in areas other than parking areas

             (1)  A driver commits an offence if the driver parks a vehicle in an area of, or on a length of road on, Trust land that is not a parking area.

Penalty:  5 penalty units.

             (2)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

38  Parking for longer than indicated

             (1)  A driver commits an offence if the driver:

                     (a)  parks a vehicle on a length of road, or in an area, to which a parking control sign relates; and

                     (b)  does so continuously for longer than the period indicated by information on the sign.

Penalty:  3 penalty units.

             (2)  Subsection (1) does not apply if the driver is covered by a disability exemption.

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

             (3)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

39  Parking in ticket parking areas

             (1)  A driver commits an offence if the driver:

                     (a)  parks the driver’s vehicle in a ticket parking area; and

                     (b)  does not display a current parking ticket on the dashboard of the driver’s vehicle in such a manner that the ticket’s date and expiry time are clearly visible to persons outside the vehicle.

Penalty:  3 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 words ‘ticket’ or ‘ticket area’, but does not include any part of the parking area in which the parking of vehicles is prohibited by another provision of this instrument.

             (3)  Subsection (1) does not apply if a 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 section immediately after parking the driver’s vehicle.

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

             (4)  A driver commits an offence if the driver allows the driver’s vehicle to remain parked in a ticket parking area after the time indicated by the expiry time on the parking ticket displayed on the dashboard of the driver’s vehicle.

Penalty:  3 penalty units.

             (5)  A driver commits an offence if:

                     (a)  the driver allows the driver’s vehicle to remain parked in a ticket parking area for a period of time; and

                     (b)  that period is longer than the period of time indicated on the parking control sign or signs that relate to the area as the maximum time for which a vehicle may be parked in the area.

Penalty:  3 penalty units.

             (6)  This section does not apply to a driver who parks in a ticket parking area 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)  the driver is covered by a disability exemption.

Note:          A defendant bears an evidential burden in relation to a matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

             (7)  Nothing in this section prevents a driver from parking in different parts of the same ticket parking area while displaying the same parking ticket (if the period of time indicated on the parking ticket has not ended).

             (8)  This section does not apply to the rider of a motorcycle.

             (9)  Strict liability applies to subsections (1), (4) and (5).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

40  Stopping or parking in restricted access area

             (1)  A driver commits an offence if the driver:

                     (a)  stops or parks a vehicle in a restricted access area; and

                     (b)  does not satisfy the conditions mentioned in section 41 for stopping or parking that apply to the restricted access area.

Penalty:  5 penalty units.

             (2)  A restricted access area is a parking area, or one or more parking spaces, to which a parking control sign relates that permits a driver to stop or park a vehicle in the area or space only if particular conditions are satisfied.

             (3)  Strict liability applies to subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

41  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 reserved parking zone

4

Authorised access zone

The driver’s vehicle is authorised by the Trust to access, stop or park in the authorised access zone

5

Parking area for persons with disability

The driver is covered by a disability exemption

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

Motorcycle parking area

The vehicle is a motorcycle

42  Parking within parking spaces

             (1)  A driver commits an offence if the driver parks 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 relates to the parking space.

Penalty:  5 penalty units.

             (2)  A driver of a vehicle that includes a trailer commits an offence if the driver detaches 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 relates to the parking space.

Penalty:  5 penalty units.

             (3)  Strict liability applies to subsections (1) and (2).

Example 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 and an offence would be committed under subsection (1).

Example 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 and an offence would be committed under subsection (1).

Note:          For general circumstances in which an activity will not constitute an offence, see section 13.

Division 2.6Liability for offences involving a vehicle or vessel

43  Offences involving a vehicle or vessel—liability of owner

             (1)  The owner of a vehicle or vessel at the time when an offence against this instrument relating to the vehicle or vessel (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 the 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 offence, the owner makes, and gives to a Trust officer, a statutory declaration stating:

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

                             (ii)  that the owner 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 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 section; 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 a 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 section; and

                             (ii)  that the owner was not in charge of the vehicle or vessel at the time of the 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 section; 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 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 a 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 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 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 a 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 under this section is prima facie evidence of the matters stated in the certificate.

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

             (7)  This section 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. However, 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 section:

owner, for a vehicle or vessel, means:

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

                     (b)  for a vessel 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.

Note:          Infringement notices for offences against this instrument are given under Part 5 of the Regulatory Powers Act as it applies in accordance with Part 9A of the Act.

44  Copy of statutory declaration to be served

             (1)  This section applies if a person is named in a statutory declaration given under paragraph 43(2)(b) or (c) as being the person who was in charge of a vehicle or vessel at the time of an 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)  At a hearing of a prosecution for the offence against the person, the statutory declaration is prima facie evidence that the person was in charge of the vehicle or vessel at the time of the offence.

Part 3Enforcement

Division 3.1Simplified outline of this Part

45  Simplified outline of this Part

The Trust may appoint certain persons as rangers, or make arrangements for Commonwealth or New South Wales employees or officers to perform or exercise the functions or powers of rangers.

The functions and powers of rangers include the following:

       (a)     requesting certain persons to leave Trust land;

      (b)     ordering the removal of obstructions or encroachments on Trust Land;

       (c)     directing a driver to move a vehicle on Trust land.

If a request, order or direction is not complied with, a ranger may remove the person, obstruction, encroachment or vehicle from Trust land. A ranger may also remove from Trust land certain domestic animals or any property that the ranger reasonably believes to be abandoned.

A person who contravenes an order or direction may be liable, by way of penalty, to pay to the Trust an amount equal to so much of the costs incurred by the Trust in rectifying the contravention as are reasonable.

Division 3.2Rangers

46  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 section 47 of this instrument; or

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

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

47  Arrangements for exercise of powers etc. of rangers

             (1)  The Trust may make arrangements with:

                     (a)  the Secretary of a Department of State of the Commonwealth; or

                     (b)  an authority of the Commonwealth;

for the performance or exercise of all or any of the functions or powers of rangers under this instrument 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 this instrument.

48  Identity cards

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

Form of identity card

             (2)  The identity card must contain:

                     (a)  a photograph of the ranger that is no more than 5 years old; and

                     (b)  the person’s full name and ranger identification number; 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 this instrument.

Offence

             (3)  A person commits an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be a ranger; and

                     (c)  the person does not return the identity card to the Trust within 14 days after ceasing to be a ranger.

Penalty:  2 penalty units.

             (4)  Strict liability applies to subsection (3).

Exception—card lost or destroyed

             (5)  Subsection (3) does not apply if the identity card was lost or destroyed.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code.

Ranger must carry card

             (6)  A ranger (except a member of a police force) must carry the ranger’s identity card at all times when performing functions or exercising powers under this instrument as a ranger.

Division 3.3Powers of rangers

49  Request to state name and address

                   A ranger who believes on reasonable grounds that a person on Trust land has committed, or is committing, an offence against this instrument may request the person to state the person’s full name and residential address.

Note:          Chapter 7 of the Criminal Code creates offences relating to false and misleading information.

50  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 this instrument may request the person to leave the Trust land immediately.

             (2)  A person commits an offence if:

                     (a)  a request is made to the person under subsection (1); and

                     (b)  the person fails to comply with the request.

Penalty:  5 penalty units.

             (3)  Subsection (2) does not apply unless the ranger, at the time of making the request:

                     (a)  produced the ranger’s identity card, or identification as a police officer; and

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

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

             (4)  Strict liability applies to subsection (2).

             (5)  A person who fails to comply with a request under subsection (1) 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.

51  Removal of certain animals from Trust land

                   A ranger may remove, or cause to be removed, from Trust land any domestic animal that is unattended or at large on the land.

52  Removal of obstructions etc. from Trust land

             (1)  A ranger may order the removal from Trust land of any thing 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)  If a ranger gives a person an order in accordance with subsections (1) and (2), the ranger must inform the person of the consequences, under subsection (4) and section 53, of failing to comply with the order.

             (4)  A person commits an offence if:

                     (a)  the person is given an order in accordance with subsections (1) and (2); and

                     (b)  the person fails to comply with the order.

Penalty:  5 penalty units.

             (5)  Subsection (4) does not apply if the defendant complies with the order to the extent to which the defendant is capable.

             (6)  This section 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.

Note:          A defendant bears an evidential burden in relation to the matters in subsections (5) and (6) (see subsection 13.3(3) of the Criminal Code).

             (7)  Strict liability applies to subsection (4).

53  Ranger may remove obstructions etc. if order not complied with

             (1)  If:

                     (a)  a person is given an order under section 52 to remove an obstruction or encroachment; and

                     (b)  the person fails to comply with the order;

a ranger may (with whatever assistance is reasonably necessary) remove the obstruction or encroachment.

             (2)  A person who contravenes an order under section 52 is liable, by way of penalty, to pay to the Trust, on behalf of the Commonwealth, an amount equal to so much of the costs incurred by the Trust in rectifying the contravention as are reasonable.

             (3)  An amount under subsection (2) may be recovered by the Trust as a debt due to the Trust, on behalf of the Commonwealth, in:

                     (a)  the Federal Court of Australia; or

                     (b)  the Federal Circuit and Family Court of Australia (Division 2); or

                     (c)  a court of a State or Territory that has jurisdiction in relation to the matter.

             (4)  If a ranger removes an obstruction or encroachment, none of the following are 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 section:

                     (a)  the ranger;

                     (b)  any person who assists the ranger;

                     (c)  the Trust.

             (5)  The Trust may exercise its functions or powers under this section whether or not the person referred to in subsection (1) has been prosecuted for an offence under subsection 52(4).

54  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 this instrument may direct the driver of the vehicle to move the vehicle.

             (2)  If a ranger gives a person a direction under subsection (1), the ranger must inform the person of the consequences, under subsection (3) and section 55, of failing to comply with the order.

             (3)  A person commits an offence if:

                     (a)  the person is given a direction under subsection (1); and

                     (b)  the person fails to comply with the direction.

Penalty:  5 penalty units.

             (4)  Subsection (3) does not apply unless the ranger, at the time of giving the direction:

                     (a)  produced the ranger’s identity card, or identification as a police officer; and

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

             (5)  Subsection (3) does not apply if the defendant complies with the direction to the extent to which the defendant is capable.

Note:          A defendant bears an evidential burden in relation to the matters in subsections (4) and (5) (see subsection 13.3(3) of the Criminal Code).

             (6)  Strict liability applies to subsection (3).

55  Ranger may remove vehicle if direction not complied with

             (1)  If:

                     (a)  a person is given a direction under section 54 to move a vehicle; and

                     (b)  the person fails to comply with the direction;

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

             (2)  A person who contravenes a direction under section 54 is liable, by way of penalty, to pay to the Trust, on behalf of the Commonwealth, an amount equal to so much of the costs incurred by the Trust in rectifying the contravention as are reasonable.

             (3)  An amount under subsection (2) may be recovered by the Trust as a debt due to the Trust, on behalf of the Commonwealth, in:

                     (a)  the Federal Court of Australia; or

                     (b)  the Federal Circuit and Family Court of Australia (Division 2); or

                     (c)  a court of a State or Territory that has jurisdiction in relation to the matter.

             (4)  If a ranger moves a vehicle, none of the following are liable for any loss of, or damage to, the vehicle that occurs while it is being moved with reasonable care and in accordance with this section:

                     (a)  the ranger;

                     (b)  any person who assists the ranger;

                     (c)  the Trust.

             (5)  The Trust may exercise its functions or powers under this section whether or not the person referred to in subsection (1) has been prosecuted for an offence under subsection 54(3).

56  Removal of certain vehicles and abandoned property from Trust land

             (1)  A ranger (with whatever assistance is reasonably necessary) may move the following objects to a place on Trust land or some other place:

                     (a)  a vehicle mentioned in subsection 54(1), the driver of which cannot be found after such inquiries by the ranger as are reasonable in the circumstances;

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

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

             (3)  If the owner of the object 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 object; and

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

             (4)  For the purposes of subsection (3), an appropriate place is:

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

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

             (5)  The Trust must release the object to its owner if the owner claims the object.

Note:          The Trust may dispose of property that is not claimed within the claim period (see section 57).

             (6)  If a ranger moves an object under this section, none of the following are liable for any loss of, or damage to, the object that occurs while it is being moved with reasonable care, and stored, in accordance with this section:

                     (a)  the ranger;

                     (b)  any person who assists the ranger;

                     (c)  the Trust.

57  Disposal of certain vehicles and abandoned property

             (1)  The Trust may dispose of an object moved on, or removed from, Trust land under section 56 after the expiry of the claim period for the object.

             (2)  In subsection (1):

claim period, for an object moved or removed under section 56, means the period of one month beginning on:

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

                     (b)  the later of:

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

                             (ii)  if the owner cannot be identified—the day on which an advertisement mentioned in subsection 56(3) was published.

dispose of an object means destroy or get rid of the object.

Part 4Miscellaneous

  

58  Simplified outline of this Part

This Part deals with the charging of fees by the Trust and the delegation of the Trust’s functions and powers.

59  Fees

             (1)  For the purposes of paragraphs 73(2)(f) and (n) of the Act, the Trust may charge the fee set out in column 2 of an item in the table in subsection (3) of this instrument in respect of the service, facility, licence, permission, permit or authority set out in column 1 of the item.

             (2)  The amount of any fee may be recovered by the Trust as a debt due to the Trust, on behalf of the Commonwealth, in:

                     (a)  the Federal Court of Australia; or

                     (b)  the Federal Circuit and Family Court of Australia (Division 2); or

                     (c)  a court of a State or Territory that has jurisdiction in relation to the matter.

             (3)  The following table sets out the fees for the purposes of subsection (1).

 

Fees charged by the Trust

 

Item

Column 1

Service, facility, licence, permit or other authority

Column 2

Fee

Application for planning permit for building activities etc. on Trust land

1

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works does not exceed $5,000

$110

2

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $5,000 and not $50,000

$170 plus $3 for each $1,000, or part of $1,000, by which the estimated cost exceeds $5,000

3

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $50,000 and not $250,000

$352 plus $3.64 for each $1,000, or part of $1,000, by which the estimated cost exceeds $50,000

4

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $250,000 and not $500,000

$1,160 plus $2.34 for each $1,000, or part of $1,000, by which the estimated cost exceeds $250,000

5

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $500,000 and not $1,000,000

$1,745 plus $1.64 for each $1,000, or part of $1,000, by which the estimated cost exceeds $500,000

6

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $1,000,000 and not $10,000,000

$2,615 plus $1.44 for each $1,000, or part of $1,000, by which the estimated cost exceeds $1,000,000

7

Application for a planning permit for building activities etc. on Trust land if the estimated cost of the works exceeds $10,000,000

$15,875 plus $1.19 for each $1,000, or part of $1,000, by which the estimated cost exceeds $10,000,000

Permit for sale and supply of liquor on Trust land

8

1‑year permit for the sale and supply of liquor on premises on Trust land to one to 74 patrons per day

$1,250

9

1‑year permit for the sale and supply of liquor on premises on Trust land to 75 or more patrons per day

$1,750

10

Special event permit for the sale and supply of liquor on Trust land to one to 74 patrons per day for an event lasting 1 to 4 days

$500

11

Special event permit for the sale and supply of liquor on Trust land to 75 or more patrons per day for an event lasting 1 to 4 days

$1,000

12

Special event permit for the sale and supply of liquor on Trust land to one to 74 patrons per day for an event lasting 5 or more days

$1,250

13

Special event permit for the sale and supply of liquor on Trust land to 75 or more patrons per day for an event lasting 5 or more days

$1,750

60  Delegation

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

                     (a)  the Executive Director; or

                     (b)  an SES employee, or acting SES employee, of the Department; or

                     (c)  a person employed under section 48 of the Act who holds, or is acting in, an Executive Level 2 position or higher;

all or any of the functions and powers conferred on the Trust by this instrument.

Note 1:       The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Note 2:       Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

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

Part 5Application and transitional provisions

  

61  Licences and permits

             (1)  A licence or permit granted under section 25 of the Sydney Harbour Federation Trust Regulations 2001 that was in force immediately before the commencement of this instrument continues in force, after that commencement, as if the licence or permit were granted under Division 2.2 of this instrument.

             (2)  An application for a licence or permit under section 25 of the Sydney Harbour Federation Trust Regulations 2001 made before the commencement of this instrument is taken to be, after that commencement, an application for a licence or permit under section 9 of this instrument, if a decision on the application was not made before that commencement.

62  Closure of places on Trust land

                   A decision of the Trust to close a place on Trust land for the purposes of section 20 of the Sydney Harbour Federation Trust Regulations 2001 that was in force immediately before the commencement of this instrument continues in force, after that commencement, as if it were a decision to close that place for the purposes of section 30 of this instrument.

63  Appointment of rangers

                   An appointment of a ranger made under section 27 of the Sydney Harbour Federation Trust Regulations 2001 that was in force immediately before the commencement of this instrument continues in force, after that commencement, as if the appointment were made under section 46 of this instrument.

64  Delegations

                   A delegation made under section 42 of the Sydney Harbour Federation Trust Regulations 2001 that was in force immediately before the commencement of this instrument continues in force, after that commencement, as if it were made under section 60 of this instrument.

65  Other things done under the Sydney Harbour Federation Trust Regulations 2001

             (1)  If:

                     (a)  a thing was done for a particular purpose under the Sydney Harbour Federation Trust Regulations 2001 as in force immediately before that instrument was repealed; and

                     (b)  the thing could be done for that particular purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done for that particular purpose under this instrument.

             (2)  Without limiting subsection (1), a reference in that subsection to a thing being done (other than a thing referred to in section 61, 62, 63 or 64 of this instrument) includes a reference to a notice, approval or other instrument being given or made.

66  Conduct, event, circumstances occurring before commencement

             (1)  To avoid doubt, a function or duty may be performed, or a power exercised, under this instrument in relation to conduct engaged in, an event that occurred, or a circumstance that arose, before this instrument commences.

Note:          For example:

(a)    the Trust may, under section 11, revoke a licence or permit as a result of a force majeure or other event that occurred before that commencement; and

(b)    a ranger may, under section 52, order the removal from Trust land of an obstruction or encroachment that occurred on Trust land before that commencement.

             (2)  This section does not limit section 65 of this instrument or section 7 of the Acts Interpretation Act 1901 (as that Act applies in relation to this instrument because of paragraph 13(1)(a) of the Legislation Act 2003).


Schedule 1Repeals

  

Sydney Harbour Federation Trust Regulations 2001

1  The whole of the instrument

Repeal the instrument.