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NATURE CONSERVATION ACT 1992 - SECT 175
Regulation-making power
175 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) A
regulation may be made with respect to any of the following matters— (a)
access to protected areas by persons or animals;
(b) the use of land, and
activities, in protected areas;
(c) providing for the safety of persons in
protected areas, including the regulation of access to, and activities in,
protected areas by persons or classes of persons; Example for paragraph (c)—
A regulation might regulate camping in a protected area by children, or adults
accompanying children, to protect children from injury by animals.
(d) the
removal from protected areas of— (i) trespassers; or
(ii) persons who are
believed on reasonable grounds to have contravened this Act;
(e) the presence
and use of vehicles and boats in, and the flight of aircraft over, protected
areas;
(f) the taking of animals or plants into, or out of, protected areas,
and the impounding, removal, destruction or disposal of animals found straying
in protected areas;
(g) the use or development of land, and activities, in an
area identified under the regulation as, or including, a critical habitat or
an area of major interest;
(h) giving effect to, and enforcing compliance
with, management and conservation plans or codes of practice approved or made
under section 174A ;
(i) the taking, keeping or use of wildlife, the moving
of wildlife into, in and out of the State, the release of wildlife into the
wild and other dealing with wildlife;
(j) the records to be kept and returns
to be lodged by the holders of licences, permits and other authorities and
requirements as to the inspection of the records;
(k) the disqualification of
persons from holding a licence, permit or other authority;
(l) the matters in
respect of which fees, costs and charges are payable under this Act, the
amounts of the fees, costs and charges, the persons who are liable to pay the
fees, costs and charges, when the fees, costs and charges are payable, and the
recovery of any amount of the fees, costs and charges not paid;
(m) the
matters in respect of which royalties are payable under this Act, the amounts
of the royalties, the persons who are liable to pay the royalties, when the
royalties are payable, and the recovery of any amount of the royalties not
paid;
(n) the institution and conduct of appeals against decisions under a
regulation;
(o) authorising the taking, keeping or use of a protected animal;
(p) exemption from compliance with provisions of a regulation or a
conservation plan;
(q) prescribing offences for contraventions of a
regulation, and fixing a maximum penalty of a fine of not more than 165
penalty units for such a contravention.
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