Royal Botanic Gardens and Domain Trust Regulation 2008

Summary

The Royal Botanic Gardens and Domain Trust Regulation 2008 (the Regulation) repeals and remakes the Royal Botanic Gardens and Domain Trust Regulation 2002 with minor amendments.

The Regulation

The Royal Botanic Gardens and Domain Trust (the Trust) is constituted under the Royal Botanic Gardens and Domain Trust Act 1980. The Act also defines its powers, authorities, duties and functions, and enables land and other property to be vested in the Trust.

The Regulation contains specific provisions enabling the Trust to manage Trust lands and activities of its visitors. In particular, the Regulation deals with the following matters:

• a. the use of Trust lands generally (Part 2);
• b. the use of the Royal Botanic Gardens, the Mount Annan Botanic Garden, the Mount Tomah Botanic Garden and the Mount Tomah Conservation Area (Part 3);
• c. the use of the Domain (Part 4);
• d. penalty notice offences (offences that attract 'on-the-spot' fines) (clause 23 in Part 5 and Schedule 1); and
• e. ancillary and technical matters (Part 1 and remainder of Part 5).

The Regulation introduced a number of changes when it was remade including:

• the redefinition of 'ranger' to 'authorised person' (clause 3), as applying to police officers and any other person appointed in writing by the Trust.
• increasing penalty notice amounts to maintain deterrents relative to current standards of living and those of similar organisations (as detailed below);
• introducing a new offence prohibiting offensive conduct to assist in managing visitors to Trust lands; and
• introducing measures to protect the commercial interests of the Trust including a new offence prohibiting the unauthorised sale and purchase of tickets to any event, activity or ceremony.

Specifically, a number of penalties have been increased and Schedule 1 of the Regulation has been changed in the following ways:

• a. Penalties related to damage to vegetation and animal habitats have been increased substantially to afford greater deterrent from wilful damage (clause 9);
• b. Penalties related to offences for recreational activities have been increased (for example clause 10); and
• c. The range of penalties for commercial activities has been raised substantially (clause 11).

A new clause 11(c) has been introduced to prohibit the sale and purchase of any tickets to any event, activity or ceremony. Clause 11(e) has also been introduced, prohibiting the establishment or operation of any business on Trust lands. Prohibiting selling of tickets or establishing or operating a business ensures that Trust lands are not exploited by unauthorised activities.

A new provision, clause 15, prohibits a person from behaving in a disorderly or indecent manner, using offensive language, or causing another person inconvenience or annoyance whilst on Trust lands. The introduction of clause 15 has been brought about due to the increased popularity and profile of large public events and the necessity to manage some attendees who may become inebriated or abusive.

The Regulation also makes several other miscellaneous changes. For example, clause 9(1) (d) introduces a separate offence for climbing trees. This distinguishes the offence, which causes minor damage only and is generally committed by children, from other offences that generally result in greater damage being caused to the natural features.

Comencement

The Royal Botanic Gardens and Domain Trust Regulation 2008 commenced on 1 March 2008.

Copies of the Regulation

Copies of the Regulation can be accessed on the Parliamentary Counsel's Office website.