Alpine Resorts (Management) Interim Regulations 2009

Version No. 001

Alpine Resorts (Management) Interim Regulations 2009

S.R. No. 47/2009

Version as at 12 May 2009

table of provisions

Regulation Page

iii

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Revocation 1

5 Definitions 1

6 Application of Regulations 4

Part 2—Powers of Boards in Relation to Alpine Resorts 6

7 Board may declare snow season for alpine resorts 6

8 Board may determine parts of alpine resort to which entry is prohibited 6

9 Board may determine places in alpine resort for entry and parking of vehicles 7

10 Board may set aside areas for public use 7

11 Board must display signs and notices 9

12 Determination may be amended or revoked 9

13 Board may grant authority for certain purposes 9

Part 3—Entry and Permits for Other Purposes 11

Division 1—Fees for access or use of alpine resorts 11

14 Offence to enter an alpine resort as a bus passenger without paying fee 11

15 Offence to enter an alpine resort in a motor vehicle without paying fee 11

16 Offence for persons to enter alpine resorts by means other than
in buses and motor vehicles without paying fee 13

17 Power of Boards to determine annual fee for access or use of alpine resorts 13

18 Considerations Board must take into account in determining
fees 14

19 Classes of person not required to pay access or use fees 14

20 Board may reduce or waive fees for access or use of alpine resorts 15

Division 2—Helicopter entry permits 16

21 Board may issue helicopter entry permit 16

Division 3—Permits to use areas set aside for public use 17

22 Board may issue cross country ski trail permit 17

23 Board may determine fee for cross country ski trail permit 18

24 Board may reduce or waive fee for use of cross country ski trail 19

25 Board may issue four wheel drive vehicle permit 19

26 Board may determine fee for four wheel drive vehicle permit 20

27 Board may issue a permit for use of vehicle for access etc. in certain areas 21

28 Board may determine fee for vehicle permit under regulation 27 23

29 Board may issue camping permit 23

30 Board may determine fee for camping permit 24

31 Board may issue oversnow vehicle permit 24

32 Board may waive fee for permit for use of oversnow vehicle 25

Division 4—General matters relating to entry and permits 25

33 All permits to be affixed to vehicle 25

34 Board may issue replacement permit 26

Part 4—General use and Control of Alpine Resorts 27

35 Offence relating to entry and use of certain areas 27

36 Behaviour 27

37 Damaging or defacing property etc. 27

38 Games and activities 28

39 Alcohol 29

40 Camping 29

41 Hygiene and use of fireplaces 29

42 Dogs 30

43 Horses and camels 31

44 Other animals 32

45 Apiculture 33

46 Firearms and other weapons 33

47 Skiing and snowplay in certain areas 34

48 Use of toboggans, sleds, ski-bobs or inflatable devices 34

49 Ski equipment to be fitted with certain mechanisms 35

50 Use of ski lifts 35

51 Hang-gliding, parasailing and paragliding, landing of aircraft
and by parachute 36

52 Offences relating to roads, works, etc. in an alpine resort 37

53 Vehicles 38

54 Use of wheel chains on vehicles 39

55 Prescribed Board may waive carrying of wheel chains on
certain days 39

56 Authorised officer may request person to leave area in an alpine resort 40

57 Authorised officer may direct person to cease doing an activity
in an alpine resort 41

58 Powers of authorised officers in relation to vehicles 41

Part 5—Revocation 42

59 Revocation 42

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SCHEDULES 43

SCHEDULE 1—Revoked Regulations 43

SCHEDULE 2—Fees for Cross Country Ski Trail Permit 44

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ENDNOTES 45

1. General Information 45

2. Table of Amendments 46

3. Explanatory Details 47

iii

Version No. 001

Alpine Resorts (Management) Interim Regulations 2009

S.R. No. 47/2009

Version as at 12 May 2009

Part 2—Powers of Boards in Relation to Alpine Resorts

Alpine Resorts (Management) Interim Regulations 2009

S.R. No. 47/2009

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to provide for the protection, management and control of alpine resorts by—

(a) regulating the general use and control of alpine resorts; and

(b) prescribing fees for the purposes of the Alpine Resorts (Management) Act 1997.

2 Authorising provision

These Regulations are made under section 57 of the Alpine Resorts (Management) Act 1997.

3 Commencement

These Regulations come into operation on the day that they are made.

4 Revocation

The Regulations listed in Schedule 1 are revoked.

5 Definitions

In these Regulations—

authorised officer means a person appointed by the Secretary as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987 for the purposes of the Act;

authority means a written authority issued by a Board under regulation 13 in respect of the alpine resort for which that Board is responsible;

bus has the same meaning as it has in the Road Safety Act 1986;

camel includes a llama or alpaca;

camping permit means a permit issued by the relevant Board under regulation 29;

commercial motor vehicle has the same meaning as in the Road Safety Act 1986;

contractor includes an employee or subcontractor of a contractor;

cross country ski trail permit means a permit issued by the relevant Board under regulation 22;

day visitor means a person who enters an alpine resort after 7.00 a.m. and leaves the alpine resort before midnight on the same day;

firearm has the same meaning as in the Firearms Act 1996;

four wheel drive vehicle permit means a permit issued by the relevant Board under regulation 25;

helicopter entry permit means a permit issued by the relevant Board under regulation 21;

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horse includes a mule or donkey;

inflatable device means a pneumatic tube or similar device capable of being used for sliding down snow slopes;

motor cycle has the same meaning as in the Road Safety Act 1986;

motor vehicle has the same meaning as in the Road Safety Act 1986, but does not include a commercial motor vehicle or a motor cycle;

off-season means the period outside the snow season;

oversnow vehicle means a vehicle specifically designed for use on or over snow;

oversnow vehicle permit means a permit issued by the relevant Board under regulation 31;

prescribed Board means—

(a) the Lake Mountain Alpine Resort Management Board; or

(b) the Mount Baw Baw Alpine Resort Management Board; or

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relevant Board means the Alpine Resort Management Board established under Part 4 of the Act in respect of a particular alpine resort;

road means—

(a) a thoroughfare or way under the control of a Board within an alpine resort; and

(b) a declared road within the meaning of the Transport Act 1983;

ski-bob means a non-powered vehicle consisting of a low seat and steering handles and supported by 1 or 2 skis, that is used for sliding down ski slopes;

ski lift means any mechanism (not being a vehicle) provided for the transport of members of the public up and between ski slopes;

snow season means—

(a) any period declared by a Board under regulation 7 to be the snow season in respect of the alpine resort for which it is responsible in the year or years specified in the declaration; or

(b) if a declaration under regulation 7 has not been made in respect of an alpine resort for a particular year, the period commencing on 1 June in each year and ending on 31 October in that year;

the Act means the Alpine Resorts (Management) Act 1997;

vehicle includes—

(a) a motor vehicle;

(b) a motor cycle;

(d) a motor vehicle that is used or intended to be used in a public place that is not a tractor as defined in the Road Safety Act 1986.

6 Application of Regulations

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(1) These Regulations do not apply to make the Council, a Board, or any employee or agent of the Council or of a Board or an authorised officer, who is acting in the course of duty, liable for an offence.

(2) Parts 3 and 4 of these Regulations do not apply to—

(a) an officer, contractor, agent or employee of VicRoads while the officer is carrying out or engaged in works connected with the management of access roads to alpine resorts; or

(b) an officer or employee of the Secretary, a member of the police force, ambulance services, State Emergency Service or Country Fire Authority when acting in the course of his or her duty.

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Part 2—Powers of Boards in Relation to Alpine Resorts

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7 Board may declare snow season for alpine resorts

The relevant Board may, by instrument in writing, declare any period in any year specified in the declaration, to be the snow season for the alpine resort for which that Board is appointed.

8 Board may determine parts of alpine resort to which entry is prohibited

(1) The relevant Board may determine that any area forming part of the alpine resort for which that Board is responsible is an area where entry—

(a) is prohibited completely; or

(b) is prohibited during the times determined by the Board; or

(c) is prohibited for certain persons or classes of person or certain vehicles or classes of vehicle as determined by the Board.

(2) A determination under subregulation (1) may be made for all or any of the following—

(a) reasons of public safety; or

(b) the re-establishment of vegetation or the protection, conservation or preservation of flora, fauna or natural features; or

(d) any other purpose connected with the protection, control and management of the alpine resort.

(3) A determination under subregulation (1) must specify—

(a) the times or periods during which entry is prohibited; and

(b) the reasons why entry is prohibited; and

(c) the persons or class of persons or vehicles or class of vehicles to which entry to that part of the alpine resort is prohibited (if any).

9 Board may determine places in alpine resort for entry and parking of vehicles

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(1) The relevant Board may determine that a place in the alpine resort for which that Board is responsible is an area where the entry or parking of vehicles is permitted during the times determined by the Board.

(2) A determination under subregulation (1) must specify—

(a) the times or periods during which entry or parking is permitted; and

(b) the details of any restrictions applying to the entry or parking of vehicles in that area.

10 Board may set aside areas for public use

(1) The relevant Board may determine that a specified area or areas in the alpine resort for which that Board is responsible be set aside for public use—

(a) as an area where camping in tents, caravans or other vehicles is permitted; or

(b) as an area where tobogganing or the use of a sled or inflatable device is permitted; or

(d) as a cross country ski trail during the snow season; or

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(e) as an area where access by particular classes of vehicle is permitted; or

(f) as an area where the landing of helicopters is permitted; or

(g) as an area where the landing of aircraft (other than a helicopter), hang-gliding, parasailing or paragliding is permitted; or

(h) as an area where the riding or bringing of horses or camels ispermitted; or

(i) as an area where the parking of vehicles or classes of vehicles is permitted; or

(j) as an area where downhill skiing is permitted during the snow season; or

(k) as an area where any other public use is permitted.

(2) The relevant Board may determine that a specified area or areas in the alpine resort for which that Board is responsible be set aside for public use—

(a) as an area in which skiing or the use of a snowboard or other snowplay activities is prohibited; or

(b) as an area in which the possession or consumption of alcohol is prohibited.

(3) A determination under this regulation must specify—

(a) the times or periods during which the area is set aside for public use; and

(b) the purposes for which the area has been set aside; and

11 Board must display signs and notices

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A Board must ensure that signs or notices informing the public of a determination under regulation 8, 9 or 10 including any details relating to the determination are displayed in such a place and manner that those details are reasonably likely to be seen by any person affected by them.

12 Determination may be amended or revoked

(1) A determination under regulation 8, 9 or 10 may be amended or revoked by the relevant Board.

(2) If a Board amends a determination under regulation 8, 9 or 10, the Board must ensure that the details of the amendment are included on any signs erected under regulation 11.

(3) If a Board revokes a determination under regulation 8, 9 or 10, the Board must ensure that any signs erected under regulation 11 relating to that determination are removed.

13 Board may grant authority for certain purposes

(1) The relevant Board may issue an authority for a person to undertake an activity which would otherwise contravene regulation14(1), 15(1), 16(1), 35(1), 37(1), 42(1), 43(1), 44(1), 46(1), 51(1)(a) or (b), 52(1), (2) or (3) or 53(1), (2)or(3).

(2) An authority issued under subregulation (1) may be subject to any conditions the Board considers necessary—