Version No. 011
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Version incorporating amendments as at 16 December 2003
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1.
2.
3.
4.
1
Title
Objective
Authorising provision
Definitions
1
1
1
1
PART 2—USE OF THE GARDENS
3
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Board may set aside areas
Entry to the Gardens
Camping
Use of amenities
Protection of flora and fauna
General offences
Offences relating to recreational activities
Offences relating to commercial activities
Animals in the Gardens
Vehicles
Safety of the public
Persons to leave on request
Exemptions
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3
3
4
5
5
5
7
8
9
10
11
11
11
ENDNOTES
12
1. General Information
12
2. Table of Amendments
13
3. Explanatory Details
14
i
Version No. 011
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Version incorporating amendments as at 16 December 2003
PART 1—PRELIMINARY
1. Title
These Regulations may be cited as the Royal
Botanic Gardens Regulations 1994.
2. Objective
The objective of these Regulations is to make
provision for the care, protection, management
and improvement of the Botanic Gardens,
Melbourne and Cranbourne and of other land
managed by the Royal Botanic Gardens Board.
3. Authorising provision
These Regulations are made under section 51 of
the Royal Botanic Gardens Act 1991.
4. Definitions
In these Regulations—
"Act" means the Royal Botanic Gardens Act
1991;
"animal" means mammals, birds, reptiles,
amphibians and fish of all kinds;
"Cranbourne Gardens" means the area shown
hatched on the plan in Part 2 of Schedule 1
of the Act;
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Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Part 1—Preliminary
r. 4
Reg. 4 def. of
"Gardens"
amended by
S.R. No.
113/1994
reg. 4.
"Gardens" means1—
(a) the area defined in Part 1 of Schedule 1
of the Act and known as the Royal
Botanic Gardens, Melbourne; and
(b) Cranbourne Gardens; and
(c) managed land defined in Schedule 4 of
the Act; and
(d) any other managed land;
"structure" includes a building, tent, screen,
awning or enclosure.
__________________
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Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Part 2—Use of the Gardens
r. 5
PART 2—USE OF THE GARDENS
5. Board may set aside areas
(1) The Board may from time to time set aside any
part or parts of the Gardens for—
(a) conducting any organised entertainment,
ceremonies or other activity; or
(b) undertaking any works; or
(c) the protection of flora or fauna; or
(d) open access area; or
(e) reasons of public safety; or
(f) areas where dogs are not permitted; or
(g) areas where jogging is permitted.
(2) The Board must cause signs containing particulars
of areas set aside under sub-regulation (1) to be
erected in a place and manner where they are
reasonably likely to be seen by persons affected
by them.
6. Entry to the Gardens
(1) The Gardens are open to the public at times
determined by the Board and indicated by signs
displayed adjacent to all public entrances to the
Gardens.
(2) A person must not enter or remain in any part of
the Gardens that is not open to the public.
Penalty: 5 penalty units.
(3) The Board may determine—
(a) the number of persons who may enter any
part of the Gardens at any time; or
(b) that any part of the Gardens may be closed to
the public at any time.
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S.R. No. 1/1994
Part 2—Use of the Gardens
r. 7
(4) The Board must cause particulars of a
determination made under sub-regulation (3) to
be displayed within or at the entrances to the
Gardens, in such place and manner that the
particulars are reasonably likely to be seen by
persons affected by the determination.
7. Camping
(1) A person must not—
(a) camp or reside in the Gardens; or
(b) erect or occupy or cause to be erected or
occupied, a structure in the Gardens.
Penalty: 5 penalty units.
(2) The Board may direct a person who has
contravened sub-regulation (1)(b) to remove that
structure.
(3) A person who has contravened sub-regulation
(1)(b) must remove the structure, when directed to
do so by the Board.
Penalty: 5 penalty units.
(4) For the purposes of the care, protection and
management of the Gardens, the Board may
remove the structure if a person fails to comply
with a direction given under sub-regulation (2).
(5) The Board must take all reasonable steps to notify
the owner of a structure removed in accordance
with sub-regulation (4) that the structure has been
removed.
(6) Subject to sub-regulation (5), if, after a period of
one month from the date of a direction under subregulation (2), the owner of the structure removed
in accordance with sub-regulation (4), has not
claimed that structure, the Board may dispose of
the structure.
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S.R. No. 1/1994
Part 2—Use of the Gardens
r. 8
8. Use of amenities
(1) A person must not, without reasonable cause,
enter a facility in the Gardens which is set aside
for the use of persons of the opposite sex.
Penalty: 2 penalty units.
(2) Sub-regulation (1) does not apply to the entering
or use of a facility by a child under the age of
6 years when accompanied by an adult.
Reg. 9
substituted by
S.R. No.
12/1996 reg. 4.
9. Protection of flora and fauna
(1) A person must not in the Gardens—
(a) climb upon any tree, plant or other flora; or
(b) remove any dead timber, log or stump,
whether standing or fallen; or
(c) destroy or interfere with the habitat of any
animal.
Penalty: 20 penalty units.
(2) A person must not without reasonable excuse,
interfere with any animal in the Gardens.
Penalty: 20 penalty units.
10. General offences
(1) A person must not in the Gardens—
(a) mark, write on or deface any rock or other
natural feature or surface; or
(b) plant or introduce any seed or plant or any
part of any plant; or
*
*
*
5
*
*
Reg. 10(1)(c)
revoked by
S.R. No.
12/1996 reg. 5.
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Part 2—Use of the Gardens
r. 10
(d) have in his or her possession or carry or use
any firearm, poison, trap or snare.
Penalty: 10 penalty units.
(2) Sub-regulation (1)(b) does not apply to a person
who brings any seed or plant or any part of any
plant into the Gardens—
(a) for the purposes of identification at the
National Herbarium; or
(b) in connection with any display, function or
other activity authorised by the Board.
(3) A person must not in the Gardens—
(a) dig up any soil, mulch, sand, stone or similar
substance; or
(b) cause any damage to any lawn, playing field
or green; or
(c) damage, deface or interfere with any
structure, sign, facility or equipment; or
(d) address a public meeting or demonstration;
or
(e) enter any area that has been set aside by the
Board under regulation 5 for works to be
undertaken; or
(f) climb over, pass under, or break through any
gate, fence, barrier or hedge in order to leave
or enter the Gardens; or
(g) behave in a manner likely to be dangerous to
public health; or
(h) leave the lawns or footpaths in any area that
has not been set aside under regulation 5 as
an open access area; or
(i) leave or set loose any animal; or
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Part 2—Use of the Gardens
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(j) enter any area set aside under regulation 5
for the purposes of the protection of flora or
fauna; or
(k) pollute any drinking fountain or other facility
provided for drinking; or
(l) light any fire otherwise than in fixed cooking
apparatus provided by the Board for that
purpose.
Penalty: 5 penalty units.
(4) Sub-regulation (3)(b) does not apply to a person
who unintentionally causes any damage in the
course of any lawful activity.
(5) Sub-regulation (3)(f) does not apply to a person
who enters or leaves the Gardens if the particular
circumstances reasonably necessitated such entry
or leaving by that person.
11. Offences relating to recreational activities
(1) A person must not in the Gardens—
(a) operate any mechanically propelled model
aircraft, boat or vehicle; or
(b) land any aircraft, hang-glider, hot air balloon
or parachute; or
(c) use any skateboard, roller skates, roller
blades or similar apparatus; or
(d) use any kite; or
(e) operate any radio, cassette or record player
or any instrument at a volume likely to cause
inconvenience or nuisance to any person; or
(f) operate or use a loudspeaker or public
address system or apparatus; or
(g) jog; or
(h) play or practice golf; or
7
Reg. 10(5)
amended by
S.R. No.
113/1994
reg. 5.
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Part 2—Use of the Gardens
r. 12
(i) angle or attempt to take any fish in any lake,
pond, stream or ornamental water; or
(j) bathe, wade, wash or swim in any lake,
pond, stream or ornamental water; or
(k) take any boat onto, or use any boat in any
lake, pond, stream or ornamental water; or
(l) ride a bicycle or tricycle; or
(m) throw, kick or hit any object in a manner
which may cause danger or unreasonable
disturbance to other persons.
Penalty: 5 penalty units.
(2) Sub-regulation (1)(a) does not apply to a disabled
person using a motorised wheelchair.
(3) Sub-regulation (1)(b) does not apply to a person
who lands an aircraft, hand glider, hot air balloon
or parachute if the particular circumstances
reasonably necessitated the landing by that person.
(4) Sub-regulation (1)(g) does not apply to a person
who jogs in an area set aside under regulation 5
for that purpose.
12. Offences relating to commercial activities
A person must not in the Gardens—
(a) collect or attempt to collect money; or
(b) sell or attempt to sell or hire, expose for sale
or hire or solicit for sale or hire papers,
printed matter, food, or other goods or
services; or
(c) conduct, cause, or assist in the operation of,
an amusement, entertainment, instruction or
performance for money or other
consideration; or
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Part 2—Use of the Gardens
r. 13
(d) use television, video, cinematographic or
photographic equipment where the endproduct is intended for commercial
distribution; or
(e) display or distribute any advertising matter,
sign, bill, poster or other printed matter.
Penalty: 20 penalty units.
13. Animals in the Gardens
(1) A person must not bring any animal into, or allow
any animal under that person's control to enter or
remain in the Gardens.
Penalty: 5 penalty units.
(2) Sub-regulation (1) does not apply to a person who
brings a dog into or allows a dog under that
person's control to enter or remain in any part of
the Gardens other than the Cranbourne Gardens.
(3) A person who brings a dog into or allows a dog
under that person's control to enter or remain in
the Gardens must ensure that—
(a) the dog is restrained at all times on a leash
no greater than 120 centimetres in length;
and
(b) the dog is prevented from interfering with or
causing unreasonable disturbance to other
visitors to the Gardens; and
(c) any faeces deposited by that dog in the
Gardens are hygienically disposed of.
Penalty: 5 penalty units.
(4) A person who brings a dog into or allows a dog
under their control to remain in the Gardens must
not allow that dog to enter onto or remain in—
(a) any garden bed; or
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Part 2—Use of the Gardens
r. 14
(b) any area set aside under regulation 5—
(i) for the protection of plants; or
(ii) for the safety of the public; or
(iii) as an area where dogs are not
permitted.
Penalty: 5 penalty units.
(5) Sub-regulations (1), (2), (3) and (4) do not apply
to a person who—
(a) is in control of a dog which is used as a
guide dog; or
(b) brings or allows to remain in the Gardens a
dog or horse that is being used in connection
with police duty.
14. Vehicles
(1) The board may determine that areas within the
Gardens be set aside—
(a) as an area in which the parking of vehicles is
permitted; or
(b) as an area in which vehicles may only travel
in a specified direction and or at no more
than a specified speed.
(2) The Board must cause particulars of a
determination made under sub-regulation (1) to
be displayed within or at the entrances to the
Gardens, in such place and manner that the
particulars are reasonably likely to be seen by
persons affected by the determination.
(3) A person must not—
(a) park a vehicle where parking is not
permitted; or
(b) drive a vehicle in a direction or at a speed
greater than that specified by the Board; or
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Part 2—Use of the Gardens
r. 15
(c) drive or park a vehicle in any place other
than a designated parking area or public
access road.
Penalty: 5 penalty units.
15. Safety of the public
A person who brings a child under 10 years of age
into the Gardens must take all reasonable steps to
ensure that the child is adequately supervised to
ensure the care, protection and management of the
Gardens and the safety of the public.
Penalty: 2 penalty units.
16. Persons to leave on request
(1) If the Board reasonably believes that a person has
committed an offence against these Regulations,
the Board may direct that person to leave the
Gardens.
(2) A person must leave the Gardens when directed to
do so by the Board.
Penalty: 5 penalty units.
17. Exemptions
(1) These Regulations do not apply to any member or
employee of the Board acting in the course of his
or her duties or employment.
(2) A person acting in accordance with a lease,
licence or permit issued under the Act is not
subject to these Regulations, to the extent that the
activities authorised by that lease, licence or
permit are inconsistent with these Regulations.
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Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Endnotes
ENDNOTES
1. General Information
The Royal Botanic Gardens Regulations 1994, S.R. No. 1/1994 were made
on 4 January 1994 by the Governor in Council, on the recommendation of the
Royal Botanic Gardens Board under section 51 of the Royal Botanic
Gardens Act 1991, No. 87/1991 and came into operation on 4 January 1994.
The Royal Botanic Gardens Regulations 1994 will sunset on 3 January 2005:
see the Subordinate Legislation (Royal Botanic Gardens Regulations 1994 –
Extension of Operation) Regulations 2003, S.R. No. 151/2003.
12
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Royal Botanic Gardens
Regulations 1994 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Royal Botanic Gardens (Amendment) Regulations 1994, S.R. No. 113/1994
Date of Making:
2.8.94
Date of Commencement:
2.8.94
Royal Botanic Gardens (Amendment) Regulations 1996, S.R. No. 12/1996
Date of Making:
27.2.96
Date of Commencement:
27.2.96
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
13
Royal Botanic Gardens Regulations 1994
S.R. No. 1/1994
Endnotes
3. Explanatory Details
1
Reg. 4 def. of "Gardens":
(1) At the time of making these Regulations, the
following land was subject to the Regulations:
The Crown land known as the Observatory
Site reserve which was placed under the
control and management of the Royal
Botanic Gardens Board by Orders in Council
dated 15 July 1992 and 5 October 1993 and
published in Government Gazettes No. G27
on 15 July 1992, page 1827 and No. G39 on
7 October 1993, page 2738.
(2) Any other land placed under the control and
management of the Royal Botanic Gardens Board
under section 17 of the Act from time to time may
also be subject to these Regulations.
14