Much protest has revolved around the proposed logging
of pristine areas, with campaigners seeking the protection of the area
through its declaration as a national park. Protest actions may spill
onto national parks, say, where an extension of the park is sought or
a proposed activity within a protected area is opposed (such as filming
within a wilderness area).
There are over 600 national parks and other protected areas situated
in NSW. Of these, only Booderee National Park (formerly Jervis Bay National
Park ) is a Commonwealth Park. For this reason, this Chapter focuses
on the NSW provisions. Comparable Commonwealth provisions are noted in
the footnotes.
NSW Park Authorities have wide powers to regulate conduct and activities
in national parks and other protected areas, such as historic sites,
state conservation areas, regional parks, nature reserves, Karst conservation
reserves or Aboriginal areas (hereafter called "parks"). It is important
to remember that, for second and subsequent offences, you may be excluded
from parks for so long as the authority determines.
13.1 Loitering or “Moving People On”
An authorised officer may direct you to leave a NSW park or any part
of a park if, in the opinion of the authorised officer, you:
are trespassing,
are causing annoyance or inconvenience to others, or
have committed an offence under the Act or Regulation.
It is an offence to fail to comply with such a direction, punishable
by a fine of up to $3300.
An authorised officer may physically remove you (or any car, vessel,
animal or other property with you) if you refuse to "move on".
There is no requirement - as is common elsewhere - for the officer to
tell you who they are or that it is an offence not to comply with their
request. You must not re-enter
a park for 24 hours after being removed or directed to leave.
13.2 Identification
Laws governing NSW parks require you to give your name and address in
two circumstances. Failure to do so or to give false information is an
offence.
First, you must state your name and address if an officer
of the National Parks and Wildlife Service reasonably suspects that an
offence under the relevant Act has been committed. Complementing
this power, authorised officers have broad powers to require the owner
or custodian of a vehicle or, indeed, any other person to assist (including
the writing of a signed statement) in identifying the driver allegedly
guilty of committing an offence under these laws. Failure
to do so or the giving of false information is an offence unless the
person can show that they could not with "reasonable diligence" have
established the name or address of the driver.
Second, if you are driving a car or motor bike in these
areas, you must produce your driver's licence and state your name and
address if requested by an authorised officer.
13.3 Public Assemblies
In NSW parks, it is an offence to organise, attend or participate in
a public meeting, demonstration or gathering involving more than 40 persons
(or such other number as is stated in a plan of management or notice,
or given to a park user, whichever is the lesser). The
maximum penalty is $3300 or $300 if dealt with by penalty notice. You
would need consent to use public address systems or loudspeakers at such
assemblies.
13.4 Erection of Banners
It is an offence to erect or exhibit any political advertising matter,
sign, bill or poster in a NSW park. The
maximum penalty is $3300 or $500 if dealt with by penalty notice.
13.5 Trespass
NSW park authorities may regulate uses within parks by displaying notices
or giving oral directions. These
restrictions may include closing or reserving the park (or sections of
it) to the public, or particular sectors of the public. It
is an offence not to comply with these notices or directions. If
you are trespassing in parks, an authorised officer has the power to
direct you to move, or failing compliance, physically remove you from
the park. The offence is to fail
to comply with the direction to move, rather than the initial trespass
itself.
13.6 Engaging in Dangerous Activities
Certain activities and recreational pursuits that involve risking the
safety of the person or the safety of other persons or damaging the environment
are banned in NSW parks except with permission. These
include abseiling, base jumping, bungy jumping, rock climbing, caving
and hang gliding.
13.7 Interfering with Management Activities
The National Parks and Wildlife Regulation 2009 establishes
several offences relating to interference with park management activities. These
include:
destroying, damaging, removing, or interfering with
things used for the control of animals,
removing, damaging, destroying or obscuring signs or
notices,
interfering with, or obstructing, actions taken by a
park authority for the purpose of the care, control and management
of the park.
The maximum penalty for these offences is $3300 or a $500 flat penalty if dealt with by a penalty notice.
13.8 Offensive Conduct
Various behaviour and activities are regulated in NSW parks. You must not behave in a disorderly manner, use insulting or offensive language, commit a nuisance or an act of indecency or cause annoyance or inconvenience to others, or take drugs. You are also not allowed to use skateboards, roller blades or bikes on walking tracks.
13.9 Camping
Camping in NSW parks must generally be in designated areas and for up to 21 days only. However, camping in accordance with a plan of management or in remote areas may be allowed if not prohibited by a notice.
13.10 Lighting of Fires
The lighting of fires in NSW parks is strictly regulated. Fires must only be lit in designated fireplaces or cleared areas (where no designated fireplaces exist), and in accordance with any notices, and so on.
(NSW) National Parks and Wildlife Regulation 2009 clause 33. It is an offence to attempt to re-enter a park when excluded: clause 34(3). The maximum penalty is $3300 or a $500 flat penalty if dealt with by a penalty notice: see clauses 33(3), 96 and Schedule 2.
(NSW) National Parks and Wildlife Regulation 2009 clause 8(1). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.60(1).
(NSW) National Parks and Wildlife Regulation 2009 clause 8(2). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.60(2) (maximum penalty for failing to comply is $2200) and 12.60(3) (requirements for rangers or wardens to identify themselves).
(NSW) National Parks and Wildlife Regulation 2009 clause 8(3).
See generally (NSW) National Parks and Wildlife Regulation 2009 clause 8.
(NSW) National Parks and Wildlife Regulation 2009 clause 8(4).
(NSW) National Parks and Wildlife Act 1974 s 157(3) (maximum penalty of $1100 or $500 under a penalty notice). For provisions dealing with penalty notices, see (NSW) National Parks and Wildlife Regulation 2009 clause 96 and Schedule 2.
(NSW) National Parks and Wildlife Act 1974 s 157(1). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 14.01(1) - under these regulations you can also be asked for an identification document that proves your name and address. The maximum penalty under the federal laws is $1100 for failing to comply: Reg 14.01(3). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Act 1974 s 158(1).
(NSW) National Parks and Wildlife Act 1974 s 158(3).
(NSW) National Parks and Wildlife Act 1974 s 157(2).
(NSW) National Parks and Wildlife Regulation 2009 clauses 22(1)(b). Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.31(1) and (2)(a),(b) & (c) (where there is a ban on public gatherings of more than 15 people except as organised by the Director, a family gathering or a group gathering that has been determined by the Director to which 12.31(1) does not apply).
(NSW) National Parks and Wildlife Regulation 2009 clauses 22(1)(b), 96 and Schedule 2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.31(1) (where the maximum penalty is $1100). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 clause 13(1)(c) and (3). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.27(1)(b).
(NSW) National Parks and Wildlife Regulation 2009 clause 17(1)(d). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.40(1).
(NSW) National Parks and Wildlife Regulation 2009 clause 17(1), 96 and Schedule 2. See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.40(1) (where the maximum penalty is $550). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 clauses 4 and 5. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.23(4) (where the prohibition or restrictions must usually be published).
(NSW) National Parks and Wildlife Regulation 2009 clause 4(1)(b) and (c). See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.23(3) & (3A).
(NSW) National Parks and Wildlife Regulation 2009 clauses 4(2) and 5(2). The maximum penalty is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 4(2), 5(2), 96 and Schedule 2. See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.23(1) (where the maximum penalty is $5500. This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 clause 8(1)(a). cf (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.60(1) (where there is no express power to physically remove you).
(NSW) National Parks and Wildlife Regulation 2009 clause 8(2). The maximum penalty is $3300 or a $500 flat penalty if dealt with by a penalty notice: see clauses 8(2), 96 and Schedule 2. See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.60(2) (where the maximum penalty is $2200). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 cl 22(1)(d), 22(3) and 22(4). The maximum penalty is $3300 or variously a $300 or $500 flat penalty if dealt with by a penalty notice: see cll 22(1)(d), 22(3), 22(4), 96 and Schedule 2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.26(5) and (6) (where public notice needs to be given of the area set aside and conditions attached). The maximum Commonwealth penalty is $3300: Reg 12.26(2). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 cl 22(2). Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Regs 12.17 and 12.26(1) (where caving is not included as a permissible activity but entering caves etc is not allowed).
(NSW) National Parks and Wildlife Regulation 2009 clause 25. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Regs 12.12 and 12.13 (where the offences are more about damaging, defacing etc the natural features or heritage of the park, as well as signs, objects, roads or tracks and structures). These are not matters that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 clause 25(a) and (b).
(NSW) National Parks and Wildlife Regulation 2009 clause 25(c).
(NSW) National Parks and Wildlife Regulation 2009 clause 25(d).
(NSW) National Parks and Wildlife Regulation 2009 clause 25, 96 and Schedule 2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.12 and 12.13 where the penalties are $5500. These are not matters that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10 .
(NSW) National Parks and Wildlife Regulation 2009 clause 13(1)(a) and 13(1)(c). The maximum penalty is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 13(1)(a), 13(1)(c), 96 and Schedule 2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.26(2). This is not a matter that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
(NSW) National Parks and Wildlife Regulation 2009 clause 13(1)(b). The maximum penalty is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 13(1)(b), 96 and Schedule 2.
(NSW) National Parks and Wildlife Regulation 2009 clause 13(2). The maximum penalty is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 13(2), 96 and Schedule 2.
(NSW) National Parks and Wildlife Regulation 2009 clause 10(1). The maximum penalty for non-compliance is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 10(1), 96 and Schedule 2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Regs 12.28(1) and 12.29. Under the Commonwealth scheme, the maximum penalty for non-compliance or failing to comply with a direction to camp in a designated area is $1100 or a $220 flat penalty if dealt with by a penalty notice: see Reg 14.02, Schedule 10 and section 497(2) of the (CTH) Environment Protection and Biodiversity Conservation Act 1999.
(NSW) National Parks and Wildlife Regulation 2009 clause 10(2)(a), although a plan of management or notice may vary this: (NSW) National Parks and Wildlife Regulation 2009 clause 10(2)(b) and (c). The maximum penalty for camping illegally is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 10(2), 96 and Schedule
2. Compare to (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.28(4)(e) where the length of stay is at the discretion of the Director.
(NSW) National Parks and Wildlife Regulation 2009 clause 10(4)(b).
If there is no plan of management, camping is permitted over one kilometre away from camping spots, picnic areas and roads: (NSW) National Parks and Wildlife Regulation 2009 clause 10(4)(c).
(NSW) National Parks and Wildlife Regulation 2009 clause 10(6). If camping is done in defiance of a notice, the maximum penalty is $3300 or a $300 flat penalty if dealt with by a penalty notice: see clauses 10(6), 96 and Schedule 2.
(NSW) National Parks and Wildlife Regulation 2009 clause 15(1). The maximum penalty for non-compliance is $3300
or (variously) a $300 or $500 flat penalty if dealt with by a penalty notice: see clauses 14(1), 96 and Schedule 2. See also (CTH) Environment Protection and Biodiversity Conservation Regulations 2000 Reg 12.30A. Maximum penalties vary from $1650 (for using fuel prohibited under a management plan) to $5500 for acting contrary to a fire ban, not using designated fireplaces, using portable stoves and BBQs outside of designated areas and leaving fires unattended: Reg 12.30A(1)-(5). These are not matters that can be dealt with by way of penalty notice: see Reg 14.02 and Schedule 10.
