Set aside determination National Parks Regulations - Bay of Islands Coastal Park by greatoceanroadauthority

National Parks Act 1975

National Parks Regulations 2024

Set Aside(s) for Bay of Islands Coastal Park

The National Parks Regulations 2024 have been made under sections 32AA, 37 and 48 of the National Parks Act 1975.

Regulation 11 provides that the Great Ocean Road Coast and Parks Authority may make a determination to set aside an area as an area in which an activity or conduct is permitted, required, restricted or prohibited.

Additional temporary determinations and set asides are put in place from time to time for purposes such as planned burning, seasonal road closures or pest animal control programs. These temporary determinations and set asides operate in conjunction with ongoing determinations for general park management and, where there is a conflict or perceived conflict, the temporary determinations take precedence.

Signed at Torquay by

Name Leia Howes

Title Acting Director of Environment and Coastal Operations

Date 01/11/2024

Areas set aside in Bay of Islands Coastal Park

Regulation(s)

20(1)(a) Areas where access is prohibited or restricted.

Purpose of set aside determination

To set aside an area to which access for a person or class of persons is prohibited without a permit.

20(1)(a) Areas where access is prohibited or restricted.

To set aside an area to which access for a person or class of persons is prohibited without a permit.

28(1) Areas for collection of bait. To set aside an area for the collection of animals by a hand operated bait pump for use as bait for fishing.

30(1) Areas for indigenous fish preservation.

To set aside an area for indigenous fish preservation.

39 Areas for animals. To set aside an area for the bringing of animals.

Area set aside

OFFICIAL

The whole of the park except for the vehicle roads and tracks shown on figure 4 and listed in table 6 of the Port Campbell National Park and Bay of Islands Coastal Park Management Plan 1998 (management plan) (Attachments 1 and 2).

All vehicle roads and tracks proposed for Management Vehicle Only listed in table 6 and shown on figure 4 of the management plan (Attachments 1 and 2).

Details of set aside

Specified conditions

Times or period Other conditions

At all times.

Entry of persons using non-motorised vehicles including bicycles, monocycles, skateboards, roller skates, in-line roller blades or coasters, roller skis and scooters is prohibited from the area set aside.

Further information

Whole of park except intertidal areas of the Special Protection Areas listed in table 1 and shown on figure 2 of the management plan (Attachments 3 and 4).

Intertidal areas in the Special Protection Areas listed in table 1 and shown on figure 2 of the management plan (Attachments 3 and 4).

Bay of Martyrs car park and Sandy Bay and walking tracks and beaches east of Bay of Martyrs.

At all times.

Entry of persons driving or riding motorised vehicles including AWD vehicles, 2WD vehicles, 4WD vehicles, motorbikes, trailbikes and motorised bicycles; is prohibited from the area set aside.

The term ‘non-motorised vehicle’ is defined and administered by Vic Roads

https://www.vicroads.vic.gov.au/

This set aside is for the purposes of the preservation, protection or management of the park.

The term ‘motorised bicycle’ is defined and administered by Vic Roads

https://www.vicroads.vic.gov.au/

This set aside is for the purposes of the preservation, protection or management of the park.

At all times.

The taking of animals for use as bait for fishing is permitted in the area set aside in accordance with the Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic).

At all times.

Fishing is not permitted in the indigenous fishing area.

At all times.

Dogs may be brought and must be on lead and under the immediate control of a person at all times. Dog owners must pick up dog faeces. No other species of animals may be brought.

Regulation(s)

OFFICIAL

Details of set aside

Purpose of set aside determination Area set aside Specified conditions Further information Times or period Other conditions

39 Areas for animals. To set aside an area for the bringing of animals. The Boundary firebreak track between Radford’s Road and the creek situated 1.7km east of Dynon’s Road. Access permitted between dawn and 9am daily.

Horses may be brought and must be under the immediate control of a person at all times. Horses must remain on tracks.

No other species of animals may be brought.

Access:

• Horses must remain on roads and tracks.

• Horses must be on lead when not in a yarded area.

Group Size:

• Maximum group size of 10. Management of horses:

• Horses cannot directly be watered from waterbodies within the park.

• Buckets should be used for drinking if possible.

• Horses must not be washed in or near rivers, streams, aqueducts or other waterbodies. Buckets must be used for washing.

• Nosebags must be used for feeding. Feed type should be selected to minimise the risk of the spread of weeds, such as pellets, certified clean chaff/hay and rolled or cracked, clean grain.

• All waste associated with horses including manure, hay and other feed must be removed from the park and not left in loading and unloading areas in carparks or campsites.

Regulation(s)

OFFICIAL

Details of set aside

Purpose of set aside determination Area set aside Specified conditions Further information Times or period Other conditions

39 Areas for animals. To set aside an area for the bringing of animals. The Bay of Martyrs car park and the Bay of Martyrs beach.

Between sunrise and sunset only.

Horses may be brought and must be under the immediate control of a person at all times.

No other species of animals may be brought.

Access:

• Horses must remain on roads and tracks.

• Horses must be on lead when not in a yarded area.

Group Size:

• Maximum group size of 10. Management of horses:

• Horses cannot directly be watered from waterbodies within the park.

• Buckets should be used for drinking if possible.

• Horses must not be washed in or near rivers, streams, aqueducts or other waterbodies. Buckets must be used for washing.

• Nosebags must be used for feeding. Feed type should be selected to minimise the risk of the spread of weeds, such as pellets, certified clean chaff/hay and rolled or cracked, clean grain.

• All waste associated with horses including manure, hay and other feed must be removed from the park and not left in loading and unloading areas in carparks or campsites.

Regulation(s)

Purpose of set aside determination

76(2) Lighting or maintaining fires restricted. To set aside an area for lighting or maintaining a fire in a place other than a public fireplace.

Area set aside

OFFICIAL

Details of set aside

Specified conditions

Times or period

Carparks within the Conservation and Recreation Zone shown in figure 2 of the management plan (Attachment 4).

At all times.

89(1) Vessels To set aside an area where the launching, landing, loading, unloading, mooring, anchoring or operating of all vessels or classes of vessels is prohibited.

90(3) Aircraft To set aside an area where the launching, landing or delivering anything by aircraft or class of aircraft is permitted.

The waters landward of low water mark at the breaches abutting Flaxman’s Hill Reference Area shown on figure 2 of the management plan (Attachment 4).

At all times.

Other conditions

Fires using gaseous or liquid fuels only are permitted in the area set aside, subject to the Forests Act 1958 and the Forest (Fire Protection) Regulations 2014.

The person in charge of the fire must ensure the ground and airspace within a distance of 1.5 metres from the outer perimeter and uppermost point of the fire is clear of flammable material.

Before leaving the place of the fire, the fire must be completely extinguished.

The landing and launching of all classes of vessels is prohibited in the area set aside.

Further information

The area south of the boundary of the car park at the south end of Mathiesons Road shown on figure 5 of the management plan (Attachment 5).

At all times.

The launching and landing of hanggliders is permitted in the area set aside subject to conditions of licence or permit to the Hang Gliding Federation of Australia.

OFFICIAL

Regulation 9 Application of Regulations to traditional owner group members where land is subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

(1) If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision of these Regulations specified in the Table in subregulation (2)) that provides for an offence for carrying out an activity or doing anything that is an agreed activity does not apply to a member of the traditional owner group

(a) who is bound by the traditional owner group agreement; and

(b) who carries out the agreed activity to which the offence relates in accordance with the traditional owner group agreement and on land to which that agreement applies.

(2) For the purpose of subregulation (1) the following Table sets out the specified provision and the extent to which that provision applies to a member of the traditional owner group

Table

Column 1

Specified regulation

Regulation 14(2)

Regulation 17

Regulation 21(1), (2) and (3)

Regulation 22

Regulation 24(1) and (2)

Regulation 32

Regulation 76(1)

Regulation 79(1)

Regulation 82(1), (2), (3), (4) and (5)

Regulation 83(1) and (2)

Regulation 84

Column 2

Extent to which specified regulation applies

The whole

The whole, except if the member lights or maintains a fire in a park for the purpose of undertaking cultural activities

The whole

OFFICIAL

Regulation 10 Application of Regulations to Aboriginal group members where land is not subject to agreement under Part 6 of the Traditional Owner Settlement Act 2010

An Aboriginal group member, when undertaking an Aboriginal tradition on land in a park that is not land over which there is an agreement under Part 6 of the Traditional Owner Settlement Act 2010, is exempt from these Regulations, other than the provisions set out in Column 1 of the following Table to the extent set out in Column 2 of the following Table.

Table

Column 1

Specified regulation

Regulation 14(2)

Regulation 17

Regulation 21(1), (2) and (3)

Regulation 22

Regulation 24(1) and (2)

Regulation 32

Regulation 76(1)

Regulation 79(1)

Regulation 82(1), (2), (3), (4) and (5)

Regulation 83(1) and (2)

Regulation 84

Column 2

Extent to which specified regulation applies

The whole

The whole, except if the member lights or maintains a fire in a park for the purpose of undertaking cultural activities

The whole

Regulation 11 Determinations setting areas aside

(3) If the land manager makes a set aside determination under the Regulations, the land manager must, as soon as practicable after making the determination:

(a) cause signs or notice of the determination and the conditions they must comply with, to be displayed; and (b) publish the determination on the land manager’s website.

OFFICIAL

Regulation 13 Signs and notices

(1) If the land manager makes a determination under the Regulations and is required to display a sign or notice in relation to that determination, that sign or notice must:

(a) be displayed in a place and manner that is likely to be seen by any person affected by the determination; and

Example

A sign placed at each entry to an area set aside.

(b) identify in words or symbols any activity that is prohibited, restricted or permitted in the area under determination;; and

(i) specify the conditions of the activities that are prohibited, restricted, or permitted; or

(ii) specify by reference to a determination published under regulation 11(3)(b) the activity that is prohibited, restricted or permitted and any conditions that apply to carrying out that activity.

(2) If the land manager revokes or amends a determination made under these Regulations, the land manager must as soon as practicable cause any sign or notice that has been displayed under these Regulations to be removed or amended to reflect the revocation or amendment of that determination.