Recreation Areas Management Act 2006 – 25 May 2016
Recreation Areas Management Act 2006 – 25 May 2016
Recreation Areas Management Regulation 2007 – 5 September 2016
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Land may be included in a recreation area. However, land other than State land cannot be included in a recreation area unless the land-holder enters into a written agreement (‘a recreation area agreement’) with the State for its inclusion. Pursuant to this Act, a recreation area agreement must: include any conditions of the inclusion; and be consistent with this Act; and not be incompatible with the tenure of the land and any conditions of the tenure; and in relation to land subject to an exclusive possession determination – be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth). Note: A recreation area agreement attaches to the land and binds: the land-holder who entered into the agreement and the land-holder’s successors in title; and each other person who has an interest in the land. After a recreation area is established, the government is to management plan for the area pursuant to section 18 of the Act.
- Sections 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, 23, 31, 32, 99, 114, 226
The government may issue the following permits for a recreation area: (a) camping permit; (b) vehicle access permit; (c) organised event permit; (d) commercial activity permit. An application for a camping permit is made pursuant to section 36 of the Act. For vehicle access permits, see section 41 of the Act. For applications relating to organised event permits, refer to section 45 of the Act. Note: The government may only grant an application for an organised event permit if the government considers there is adequate insurance cover for the activities proposed to be conducted under the permit. To apply for a commercial activity permit, see section 49 of the Act. The requirements for holding a commercial activity permit are provided for by section 50 of the Act. In relation to most permits, they are not transferable pursuant to section 68 of the Act. For the definitions of ‘camp’, ‘commercial activity’, ‘insurance cover’ and ‘organised event’, refer to the Schedule of the Act.
- Sections 3, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 55A, 55F, 58, 59, 60, 68, 99, 105, 108, 109, 110, 111, 114, 115, 116, 133, 137, 204, 219, Schedule; Regulations 6, 7, 9, 17, 18, 19, 36, 41, 44
The government may, for the State, enter into an agreement (‘a commercial activity agreement’) with a person authorising the person to conduct a commercial activity in a recreation area. A commercial activity agreement must be consistent with this Act and the management intent for the recreation area it concerns. In addition, a commercial activity agreement must not: create an interest in land in a recreation area; or authorise the carrying out of major earthworks, or the installation of a permanent structure, in a recreation area. Note: A commercial activity agreement must not be for a term longer than 15 years from the day the agreement commences.
- Sections 69, 70, 71, 72, 73, 80, 81, 82, 85, 86, 87, 88, 89, 94, 95, 96, 97, 98, 99, 105, 111, 112, 114, 139, 204, 226
A person must not interfere with a cultural or natural resource of a recreation area unless the person has the government’s written approval. For the definitions of ‘cultural resources’ and ‘natural resources’, refer to the Schedule of the Act.
- Sections 3, 113, Schedule
A person must not, at any time, light, keep or use a fire on a beach adjoining a lake in a recreation area. Further, a person must not light, keep or use a fire in a place, in a recreation area, other than: a barbecue or fireplace provided by the government; or if a barbecue or fireplace is not provided – a place that is more than 2m from flammable material. For the special definition of ‘lake’, refer to the Schedule of the Act. For the restrictions on what plants may be used for a fire, refer to regulation 26 of the Recreation Areas Management Regulation 2007.
- Sections 3, 115, 116, 117, Schedule; Regulations 26, 29
A person in a recreation area must not, without the government’s written approval, feed an animal that is dangerous, venomous or capable of injuring a person.
- Sections 118, 119, 120
A person must not, other than in accordance with the government’s written approval or a corresponding authority: (a) take a live animal into a recreation area; or (b) keep a live animal in a recreation area.
- Section 121; Regulation 24
A person who takes a dog into, or keeps a dog in, a recreation area must, if the dog defecates in the area: (a) immediately collect the faeces deposited by the dog and enclose them in a secure bag or wrapping; and (b) deposit the enclosed faeces in 1 of the bins provided in the area or in the way prescribed under a regulatory notice.
- Section 122
A person must not pollute a dam, lake or watercourse in a recreation area. A person pollutes a dam, lake or watercourse if the person: discharges waste from a boat into the dam, lake or watercourse; or uses soap, detergent or shampoo in the dam, lake or watercourse; or puts oil, grease or a harmful or dangerous substance in the dam, lake or watercourse; or washes a vehicle, clothing, cooking utensils or another thing in the dam, lake or watercourse. In addition, a person must not deposit litter in the recreation area unless the person has a reasonable excuse. Also, a person must not break glass in a recreation area. For the definition of ‘litter’, refer to Schedule 4 of the Recreation Areas Management Regulation 2007.
- Section 124; Regulations 3, 27, 28, 30, Schedule 4
A person must not dump or abandon a vehicle or vessel, or part of a vehicle or vessel, in a recreation area. Further, A person must not dump or abandon used or waste materials, including for example, building materials, fencing materials, drums or vegetation, in a recreation area.
- Sections 126, 127
A person must not use a generator, compressor or other similar motor in a recreation area unless its use is permitted under, and it is used in accordance with: (a) a regulatory notice; or (b) the government’s written approval; or (c) a corresponding authority; or (d) a regulation.
- Section 128; Regulation 34
A person must not use a radio, tape recorder or other sound or amplifier system in a way that may cause unreasonable disturbance to a person or native animal in a recreation area.
- Section 129
A person must not possess or use in a recreation area: (a) a bow, catapult or weapon; or (b) an explosive device; or (c) a net, snare or trap.
- Section 130; Regulation 35
A person must not use or operate a recreational craft in a recreation area unless the use or operation is authorised: (a) by the government’s written approval; or (b) under a regulation.
- Section 131; Regulation 10
A person in a recreation area must not, unless the person has a reasonable excuse: (a) be disorderly or create a disturbance; or (b) do anything that interferes, or is likely to interfere, with the safety or health of the person or someone else in the area.
- Section 133
A person in a recreation area must not ride or travel in or on something being towed by a moving motor vehicle.
- Regulation 15
A person must not solicit donations or information in a recreation area without the written approval of the government. In addition, A person must not, in a recreation area, display, distribute, drop, scatter, throw down or leave a notice, handbill, or other printed or written matter, without the written approval of the government.
- Regulation 32
Reason for law
For: (a) the establishment, maintenance and use of recreation areas; and (b) to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to: (i) the conservation, cultural, educational, production and recreational values of the areas; and (ii) the interests of area land-holders. (Section 4)
Section 53 enables an application to the government to be refused on the basis of demerit points. This may not be a common practice.
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