National Parks and Wildlife Regulation 2019 (2019-408) (NSW)

National Parks and Wildlife Regulation 2019

Part 1 Preliminary

1 Name of Regulation This Regulation is the National Parks and Wildlife Regulation 2019.

2 Commencement This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the National Parks and Wildlife Regulation 2009, which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— aircraft means any airborne craft, including a fixed wing craft, helicopter, gyrocopter, glider, hang glider, hot air balloon, airship or unmanned aircraft. assistance animal means an animal referred to in section 9 (Carer, assistant, assistance animal and disability aid definitions) of the Disability Discrimination Act 1992 of the Commonwealth. determining authority has the same meaning as in Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979. disability assistance aid means a vehicle other than a motor car designed for use by a person with a disability and includes a motorised wheelchair. drive includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal). fossil means any naturally preserved remains or evidence of past life (whether wholly or partially petrified) including bones, shells, impressions and trails. litter, whether or not it has any value when or after being deposited in or on a place, includes— (a) any solid or liquid domestic or commercial refuse, debris or rubbish deposited in or on a place, and includes any glass, metal, cigarette butts, paper, fabric, wood, food, construction or demolition material, garden remnants and clippings, soil, sand or rocks, and (b) any other material, substance or thing deposited in or on a place if its size, shape, nature or volume makes the place where it is deposited disorderly or detrimentally affects the proper use of that place. moor a vessel includes attach a vessel to a mooring by any means. mooring means any post, stake, pile, float, pontoon or any other object (other than the anchor of a vessel) secured by any direct or indirect means to the waters' bed or placed on the waters' bed for the purpose of attaching a vessel to the bed. national parks officer means a person employed in the Department of Planning, Industry and Environment who is principally involved in the administration of the following Acts— (a) the Act, (b) Biodiversity Conservation Act 2016, (c) Wilderness Act 1987, (d) Marine Estate Management Act 2014. park— (a) when used as a noun, means a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or any land acquired by the Minister under Part 11 of the Act, and includes all roads and waters within the boundaries of any such park, site, area, reserve or land, and (b) when used as a verb, means to park a vehicle or to cause or allow a vehicle to park, stand or wait. park authority means the following— (a) in relation to a state conservation area for which a trust has the care, control and management of the area— (i) when used in connection with the imposition or waiver of fees and charges—the Minister, or (ii) when used in connection with other circumstances—the trust, (b) in relation to a regional park for which a trust or local council has the care, control and management of the park— (i) when used in connection with the imposition or waiver of fees and charges—the Minister, or (ii) when used in connection with other circumstances—the trust or local council, (c) in relation to a state conservation area or a regional park for which there is no trust or local council with the care, control and management of the park—the Secretary, (d) in relation to the Jenolan Caves Visitor Use and Services Zone for the relevant period (within the meaning of Part 6 of Schedule 3 to the Act)—the administrator appointed by the Minister under clause 58 of that Schedule, (e) in relation to a national park, historic site, nature reserve, karst conservation reserve (other than a karst conservation reserve to which paragraph (d) applies), Aboriginal area or any land acquired by the Minister under Part 11 of the Act—the Secretary, (f) in relation to each area of land reserved under Part 4A of the Act— (i) until such time as a board of management is established, in accordance with Division 6 of Part 4A, for the area—the Secretary, and (ii) on and from the establishment of the board of management—the board of management. park user means a person in a park or intending to enter a park. ski resort area has the same meaning as in Part 8A of Schedule 1 to the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017. smoke means smoke, hold or otherwise have control over, an ignited or heated smoking substance. smoking substance means any tobacco or other substance that is intended to be smoked. tag includes a label, slip or other object for affixing or attaching to the skins or carcases of fauna. the Act means the National Parks and Wildlife Act 1974. trustees, in relation to a state conservation area or regional park, means— (a) the trustees of the area or regional park appointed under the Act, or (b) a person appointed as administrator of the area or regional park under the Act, or (c) if there are no trustees and no administrator of the area or regional park, the Secretary. unmanned aircraft means any unmanned airborne craft, including a drone or other remotely piloted airborne craft. vessel means a water craft of any description that is used or capable of being used as a means of transportation on water but does not include an aircraft that is capable of landing on water. waters includes a stream, creek, river, estuary, dam, lake or reservoir.