Bylaws

106 Bylaws

(1)

The Minister may from time to time, by notice in the Gazette, prescribe model bylaws for the control of reserves, and those bylaws may make provision for—

(a)

the management, safety, preservation, and use of the reserve or any part thereof and the preservation of the flora and fauna and the scenic, historic, archaeological, biological, geological, or other scientific or natural features therein, and for the preservation of the natural environment:

(b)

the exclusion of horses, dogs, or other animals therefrom, and their destruction if intruding therein:

(c)

prescribing the conditions on which persons shall have access to or be excluded from any reserve or any part of a reserve, or on which persons may use any facility (including any building) in a reserve, and fixing charges for the admission of persons to any part of a reserve and for the use of any such facility:

(d)

regulating the times of admission thereto and exclusion therefrom of persons, horses, dogs, or other animals, and vehicles or boats or aircraft or hovercraft of any description:

(e)

the control of all persons, horses, dogs, and other animals, and vehicles or boats or aircraft or hovercraft of any description using or frequenting a reserve:

(f)

prohibiting the bringing into a reserve or the possession or consumption in a reserve of alcohol (within the meaning of section 5(1) of the Sale and Supply of Alcohol Act 2012), either generally or on specified occasions or during specified periods:

(g)

prescribing the safety devices to be fitted to any machinery or devices operating in a reserve under the authority of any agreement, lease, or licence, and regulating the operation and maintenance of such machinery or devices:

(h)

prescribing conditions on which persons may be permitted to enter and remain on any wilderness area within a reserve:

(i)

prescribing conditions upon which operators and pilots in command of aircraft and persons in charge of hovercraft may set down or pick up or recover within the reserve any person, livestock, carcass, or article of any description:

(j)

generally regulating the use of a reserve, and providing for the preservation of order therein, the prevention of any nuisance therein, and for the safety of people using the reserve.

(2)

Subject to section 108, every administering body may with respect to the reserve under its control make bylaws for all or any of the purposes specified in subsection (1) in the form prescribed pursuant to that subsection, with such variations of or additions to the prescribed form of bylaws as the Minister considers necessary for the proper control and administration of the reserve.

(2A)

For the avoidance of doubt it is hereby declared that the power to make bylaws conferred on administering bodies by this section is in addition to and not in substitution for any power to make bylaws relating to the reserve under any other Act.

(3)

The Minister may from time to time, by notice, make bylaws with respect to any reserve that is not under the administration and control of an administering body, and those bylaws may provide for all or any of the matters specified in subsection (1) with such variations of or additions as the Minister considers necessary for the proper administration and control of the reserve.

(4)

Bylaws under subsection (3) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

(5)

See section 108(3) for the status under the Legislation Act 2019 of bylaws made under subsection (2).

Compare: 1953 No 69 s 53

Legislation Act 2019 requirements for secondary legislation made under this section that is drafted by the PCO under an agreement with the Agency
PublicationThe maker must publish it in the GazetteLA19 ss 67(d)(iii), 73, 74(1)(a), Sch 1 cls 14, 23
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Legislation Act 2019 requirements for all other secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 106(1)(c): replaced, on 10 April 1990, by section 104 of the Conservation Law Reform Act 1990 (1990 No 31).

Section 106(1)(f): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 106(2A): inserted, on 27 December 1983, by section 13 of the Reserves Amendment Act 1983 (1983 No 43).

Section 106(3): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 106(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 106(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).