2006
2006
s05-483
2011-08-26
Sydney Harbour Foreshore Authority Act
1998
act-1998-170
reg
none
reprint
act-2010-040
allinforce
website
Gazette No 103 of 18 August 2006, page
6301
1
2011-09-01
2011-08-26
statrule
sl-2011-0466
sl-2006-0457
156dba7f-27fb-4978-8779-221419b39962
53bca616-50e6-428f-8f2e-46b0e507200f
Repeal:
The Regulation was repealed by cl 28 (1) of the
Sydney Harbour Foreshore Authority
Regulation 2011 (466) (LW 26.8.2011) with effect from
26.8.2011.
Part 1Preliminary
1Name of
Regulation
This Regulation is the Sydney Harbour Foreshore Authority Regulation
2006.
2Commencement
This Regulation commences on 1 September
2006.
Note—
This Regulation replaces the Sydney Harbour Foreshore Authority Regulation
1999 which is repealed on 1 September 2006 by section 10
(2) of the Subordinate Legislation Act
1989.
3Definitions
(1)
In this Regulation:
liquor means liquor within the
meaning of the Liquor Act
2007.
personal
watercraft means a power-driven vessel that:
(a)
has a fully enclosed hull,
and
(b)
does not retain water taken on if it capsizes,
and
(c)
is designed to be operated by a person standing,
sitting astride or kneeling on the vessel but not seated within the
vessel.
public
area means any part of the foreshore area (being the area
described in Schedule 1 to the Act) that is vested in or managed by the
Authority and that the public uses or is entitled to use, whether on payment
of a fee or charge or otherwise.
ranger means a person appointed
under section 32 of the Act as a ranger for the purposes of the
Act.
the
Act means the Sydney Harbour
Foreshore Authority Act 1998.
(2)
A reference in this Regulation to land managed by
the Authority is a reference to managed land within the meaning of section 8
of the Act.
(3)
The notes in the text of this Regulation do not
form part of this Regulation.
cl 3: Am 2009 No 106,
Sch 5.23.
Part 2Regulation of activities in
public areas
4Commercial and other
activities
(1)
A person must not do any of the following in a
public area, except as authorised by the Authority:
(a)
sell or hire, or offer for sale or hire, any
goods,
(b)
use any audio, loudspeaker or broadcasting
equipment or camera (whether photographic, cinematic or video), for a
commercial purpose,
(c)
provide, or offer to provide, any services for
fee, gain or reward,
(d)
distribute any advertising matter or display any
advertisement (other than on a vehicle driven by the person or on any clothing
or personal effect worn or carried by the person),
(e)
conduct any wedding,
(f)
collect or attempt to collect
money,
(g)
busk,
(h)
conduct, or participate in, any game or other
activity in a manner that unduly interferes with the amenity of the
area,
(i)
operate or use any radio, television,
music-player, musical instrument or other sound-generating device in a manner
that unduly interferes with the amenity of the area,
(j)
camp or use facilities for sleeping
overnight,
(k)
erect any tent or other temporary
structure,
(l)
paint, erect or affix any decoration, sign or
other equipment,
(m)
climb any tree, sculpture, decoration, flagpole
or other fixture,
(n)
light any fire, barbecue or stove (not being
cooking facilities provided by the Authority),
(o)
set off any firework,
(p)
carry or discharge or have in the person’s
possession any firearm or imitation firearm within the meaning of the Firearms Act 1996, unless the person is
a police officer of the State or the Commonwealth or unless the person is the
holder of a licence under the Security Industry
Act 1997 and is carrying out functions authorised by the
licence,
(q)
land or launch any hot air
balloon,
(r)
ride or use any skate board, roller skates,
in-line skates or similar equipment,
(s)
damage, destroy or remove any tree, plant or
other vegetation,
(t)
damage, destroy or remove any building, structure
or equipment,
(u)
dig up or disturb the surface of any road or
other land.
Maximum penalty: 20 penalty
units.
(2)
The Authority may determine the charges (if any)
to be imposed for any activities authorised by the Authority under this
clause.
cl 4: Am 2010 No 40,
Sch 3.22.
5Public
assemblies
(1)
In this clause:
public
assembly means:
(a)
an organised assembly of persons for the purposes
of holding a meeting, procession or performance, or
(b)
a sporting event.
(2)
A person must not, except as authorised by the
Authority, conduct or participate in any public assembly in a public
area.
Maximum penalty: 20 penalty
units.
(3)
The Authority may determine:
(a)
the days and times during which, and the
conditions on which, persons may conduct or participate in a public assembly
in a public area, and
(b)
the charges (if any) to be imposed for the
conduct of a public assembly in a public area, and
(c)
the charges (if any) to be imposed for entry into
the part of the public area within which a public assembly is to be
conducted.
6Use of land by
buses
(1)
The Authority may set aside any land within a
public area for use by buses.
(2)
The Authority may determine:
(a)
the days and times during which, and the
conditions on which, any such land may be used by buses,
and
(b)
the charges (if any) to be imposed for the use by
buses of any such land.
(3)
A person must not, except as authorised by the
Authority, contravene any conditions of use of any such land that are
displayed in, or at the places of entry into, that land.
Maximum penalty: 20 penalty
units.
7Closing of public
areas
(1)
The Authority may, by means of signs, barriers or
buoys, close temporarily the whole or any part of a public area (other than a
public road) to the public.
(2)
A person must not enter any part of a public area
that has been closed to the public under this or any other provision of this
Regulation, except as authorised by the Authority or by a ranger or police
officer.
Maximum penalty: 20 penalty
units.
8New Year’s Eve and other
activities
(1)
This clause applies to special event activities,
that is:
(a)
New Year’s Eve activities occurring on 31
December or the following 1 or 2 January, or
(b)
Australia Day activities occurring on 26 January
or the following 27 January,
being activities promoted, organised or conducted within
a public area by the Authority in the exercise of its functions under section
12 (1) (c) of the Act.
(2)
The Authority may, for the purpose of special
event activities, do any one or more of the following:
(a)
limit the number of persons who may enter public
areas or any particular public area,
(b)
close any particular public area to the
public,
(c)
charge admission to public areas or any
particular public area,
(d)
prohibit persons from entering public areas or
any particular public area if they are in possession of liquor or any other
specified thing.
(3)
Nothing in this clause limits any other function
of the Authority under this Regulation.
9Prohibition on
liquor
(1)
The Authority may prohibit the drinking of liquor
in any part of a public area (either at any time or at any particular time).
The Authority is to give public notice of any such
prohibition.
(2)
A person must not drink liquor in a public area
in contravention of any such prohibition.
Maximum penalty: 1 penalty
unit.
(3)
A person is not guilty of an offence under this
clause unless it is established that on the day of the contravention a ranger
or police officer warned the person that the drinking of liquor was prohibited
in the area and that the person commenced to drink, continued to drink or
resumed drinking liquor in contravention of the
prohibition.
(4)
The Authority may prohibit persons from entering
any part of a public area during the conduct of a particular activity that is
promoted, organised or conducted by the Authority if they are in possession of
liquor.
10Securing of vessels to wharves
of the Authority
(1)
A person must not, except as authorised by the
Authority, secure a vessel to a wharf of the Authority.
Maximum penalty: 20 penalty
units.
(2)
The Authority may determine:
(a)
the days and times during which, and the
conditions on which, a wharf of the Authority may be used to secure vessels,
and
(b)
the charges (if any) to be imposed for the use of
a wharf of the Authority to secure vessels.
(3)
This clause does not apply to a vessel that is
secured to a wharf of the Authority at the direction or with the permission of
any person or body entitled to give such a direction or
permission.
(4)
In this clause:
vessel includes a charter boat,
water taxi or ferry.
wharf of
the Authority means a wharf (including a pier, jetty,
landing stage or dock) that is vested in or managed by the Authority and that
is within a public area.
11Acting contrary to
notices
(1)
The Authority has, in relation to a public area,
the same function as a local council under section 632 of the Local Government Act
1993.
Note—
Section 632 of the Local
Government Act 1993 authorises the erection of notices
with respect to the payment of entry or use fees, the use of vehicles, the
taking of animals or other actions in or uses of public places. Section 633C
of that Act, however, prevents any such notice affecting roads or traffic
functions under other Acts.
(2)
A person who, in a public area, fails to comply
with the terms of a notice erected by the Authority in the exercise of that
function is guilty of an offence.
Maximum penalty: 5 penalty
units.
(3)
This clause does not prevent the erection of a
notice in a public area by a local council under the Local
Government Act 1993. A notice erected by the Authority may
be combined with a notice erected by a local council.
(4)
If a failure to comply with the terms of a notice
also constitutes an offence against another provision of this Regulation or
against the Local Government Act
1993, a person who fails to comply with the terms of the
notice is not liable to be convicted of both offences.
Part 3Special provisions relating to
Darling Harbour
12Application
(1)
This Part applies to the areas and facilities
referred to in this Part so long as they remain part of or within a public
area.
(2)
This Part does not limit the application of the
other provisions of this Regulation to those areas and
facilities.
13Definitions of Darling Harbour
area and Pyrmont Bridge
In this Part:
Darling
Harbour area means the following areas:
(a)
the Chinese Garden,
(b)
Tumbalong Park,
(c)
Cockle Bay Promenade,
(d)
Pyrmont Bridge,
(e)
Cockle Bay,
(f)
any other public area in the Development Area
(within the meaning of the Darling Harbour Authority Act
1984 immediately before its
repeal).
Pyrmont
Bridge includes:
(a)
the piles marking the channels approaching the
Bridge, and
(b)
the abutments of the Bridge,
and
(c)
the extension of the Bridge to Market Street and
King Street, and
(d)
the Bicentennial Flagpole and its
base.
14Dogs or other animals in
Darling Harbour area
(1)
A person must not, except as authorised by the
Authority, bring any dog or other animal into the Darling Harbour
area.
Maximum penalty: 20 penalty
units.
(2)
This clause does not prohibit a person with a
disability from taking an assistance animal into the Darling Harbour
area.
(3)
Any unattended dog or other animal may be removed
from the Darling Harbour area by a ranger or police
officer.
(4)
In this clause:
assistance animal means an animal
referred to in section 9 of the Disability Discrimination Act
1992 of the Commonwealth.
disability has the same meaning as
it has in the Disability Discrimination Act 1992 of
the Commonwealth.
15Fishing in Darling Harbour
area
A person must not, except as authorised by the
Authority, take or attempt to take, or harm, any fish in the Darling Harbour
area (other than in Cockle Bay).
Maximum penalty: 20 penalty
units.
16Tumbalong
Park
A person must not use the stage in Tumbalong Park
or its facilities, except as authorised by the Authority.
Maximum penalty: 20 penalty
units.
17The Chinese
Garden
(1)
The Authority may determine:
(a)
the days and times during which, and the
conditions on which, persons may enter the Chinese Garden,
and
(b)
the maximum number of persons who may visit the
Chinese Garden at any one time, and
(c)
the charges (if any) to be imposed for entry
into, or for the conduct of any function or other activity in, the Chinese
Garden.
(2)
A person must not, except as authorised by the
Authority, contravene any conditions of entry into the Chinese Garden that are
displayed in, or at the places of entry into, the Chinese
Garden.
Maximum penalty: 20 penalty
units.
18Activities within Cockle
Bay
A person must not do any of the following, except
as authorised by the Authority:
(a)
swim or paddle in the waters of Cockle
Bay,
(b)
sail a sailboard, windsurfer or other like craft
in the waters of Cockle Bay,
(c)
deposit or throw any article or substance into
the waters of Cockle Bay,
(d)
ride a personal watercraft in the waters of
Cockle Bay,
(e)
row or paddle any row boat, canoe, kayak or
similar craft in the waters of Cockle Bay,
(f)
participate in any activity in the waters of
Cockle Bay involving the use of a vessel to tow a person (such as water skiing
or paragliding).
Maximum penalty: 20 penalty
units.
19Activities on Pyrmont
Bridge
A person must not do any of the following, except
as authorised by the Authority:
(a)
go on to any portion of Pyrmont Bridge other than
its footway,
(b)
fish from any portion of Pyrmont
Bridge,
(c)
go on to the swing span of Pyrmont Bridge while
it is in motion or in any open position,
(d)
stand or climb on the safety gates at the
entrance to the swing span of Pyrmont Bridge,
(e)
obstruct the movement of the gates at the
entrance to the swing span of Pyrmont Bridge.
Maximum penalty: 20 penalty
units.
20Movement of vessels beneath
Pyrmont Bridge
(1)
The Authority may cause to be displayed, on or in
the vicinity of Pyrmont Bridge, a notice containing directions with respect to
the movement or berthing of vessels beneath the Bridge.
(2)
Such a notice does not have effect unless:
(a)
it is prominently displayed on or in the vicinity
of that part of Pyrmont Bridge to which it is intended to apply,
and
(b)
the directions contained in it are clearly
legible to those persons to whom it is intended to
apply.
(3)
A person must not contravene any direction given
by the Authority under this clause.
Maximum penalty: 20 penalty
units.
(4)
A person must not, except as authorised by the
Authority, moor any vessel to any portion of, or beneath, Pyrmont
Bridge.
Maximum penalty: 20 penalty
units.
21Berthing of vessels within
Cockle Bay
(1)
A person must not, except as authorised by the
Authority, berth a vessel (including any charter boat, water taxi or ferry)
within the waters of Cockle Bay.
Maximum penalty: 20 penalty
units.
(2)
The Authority may determine:
(a)
the days and times during which, and the
conditions on which, vessels may be berthed in the waters of Cockle Bay,
and
(b)
the charges (if any) to be imposed for the
berthing of vessels in the waters of Cockle Bay.
(3)
Without limiting the generality of subclause (2)
(a), a condition referred to in that paragraph may relate to any one or more
of the following:
(a)
the use of a berthed vessel for tourist
purposes,
(b)
the bunkering of a berthed
vessel,
(c)
the disposal of garbage and sewage from a berthed
vessel.
(4)
A condition relating to the use of a berthed
vessel for tourist purposes may regulate the fee that a tourist may be charged
in relation to that use.
Part 4Miscellaneous
22Requirement to state name and
address
(1)
A ranger or police officer who suspects on
reasonable grounds that a person in a public area has committed an offence
against this Regulation may require the person to state his or her full name
and residential address.
(2)
A person must not:
(a)
fail without reasonable excuse to comply with a
requirement under this clause, or
(b)
in purported compliance with such a requirement,
furnish information that the person knows to be false or
misleading.
Maximum penalty: 20 penalty
units.
(3)
A person is not guilty of an offence under this
clause unless it is established that the ranger or police officer warned the
person that the failure to comply with the requirement is an
offence.
23Removal of certain persons
from public areas
(1)
A person who:
(a)
causes annoyance or inconvenience to other
persons in a public area, or
(b)
contravenes any provision of this Regulation in a
public area, or
(c)
trespasses on any part of a public area closed to
the public,
must leave the area forthwith when requested to do so by
a ranger or police officer.
Maximum penalty: 20 penalty
units.
(2)
A person who fails to comply with such a request
may be removed from a public area by a ranger or police
officer.
(3)
Reasonable force may be used to effect the
person’s removal.
(4)
A person is not guilty of an offence under this
clause unless it is established that the ranger or police officer warned the
person that the failure to comply with the request is an
offence.
24Removal of obstructions from
public areas
(1)
The Authority, or a ranger or police officer, may
order the removal of anything which obstructs or encroaches on a public
area.
(2)
The order may be given to either or both of the
following:
(a)
the person who caused the obstruction or
encroachment,
(b)
a person using the thing causing the obstruction
or encroachment.
(3)
A person to whom such an order is given must
comply with the order.
Maximum penalty: 20 penalty
units.
(4)
The Authority, or a ranger or police officer, may
remove the obstruction or encroachment whether or not an order for its removal
has been given under this clause.
(5)
The Authority may recover from either of the
persons referred to in subclause (2) the Authority’s reasonable costs
and expenses incurred in removing an obstruction or
encroachment.
(6)
This clause does not apply to a motor
vehicle.
(7)
This clause does not apply to an obstruction or
encroachment if its presence in the public area is authorised:
(a)
by the Authority, or
(b)
by the person or body in whom the public area is
vested, or
(c)
by or under the Act or any other
Act,
and its presence has not ceased to be so
authorised.
25Activities not affected by
Regulation
An act or omission does not constitute a
contravention of this Regulation:
(a)
if it is done or omitted by the Authority or if
it is authorised, expressly or impliedly, by the terms of any lease, licence
or other authority granted by the Authority, or
(b)
in the case of land vested in a person other than
the Authority—if it is done or omitted by that person or if it is
authorised, expressly or impliedly, by the terms of any lease, licence or
other authority granted by that person, or
(c)
in the case of a public road—if it is done
or omitted by the relevant roads authority under the Roads
Act 1993 or if it is authorised, expressly or impliedly,
by the terms of any lease, licence or other authority granted by the roads
authority, or
(d)
in the case of any waters—if it is
authorised by or under the marine legislation (within the meaning of the
Ports Corporatisation and Waterways Management Act
1995).
26Declaration of core land:
section 6 (e) of the Act
The following land is declared to be core
land:
Land at Ballast Point, Birchgrove that is
bordered by Wharf Road, Ronald Street, Mort Bay and Snails Bay comprising Lots
1–4, DP 115939 (excluding the leasehold interest of Energy Australia
under registered lease N700214 over part of Lot 1, DP 115939), Lot 7, DP
132691, Lot 11, DP 792332 and Lot 413, DP 752049.
Land at The Rocks, Circular Quay that is bordered
by George Street, Argyle Street and First Fleet Park, comprising Lots
20–22, DP 787906.
27Penalty notice offences and
penalties
For the purposes of section 43A of the
Act:
(a)
each offence created by a provision specified in
Column 1 of Schedule 1 is an offence for which a penalty notice may be served,
and
(b)
the penalty prescribed for each such offence is
the amount specified opposite the provision in Column 2 of that
Schedule.
28Savings
provision
Any act, matter or thing that, immediately before
the repeal of the Sydney Harbour Foreshore Authority
Regulation 1999 had effect under that Regulation continues
to have effect under this Regulation.
Schedule 1Penalty notice
offences
(Clause 27)
Column
1
Column
2
Offence
Penalty
Clause 4
(1) (a)–(o), (q), (r), (t) and (u)
$220
Clause 4
(1) (p) and (s)
$440
Clause 5
(2)
$220
Clause 6
(3)
$220
Clause 7
(2)
$220
Clause 9
(2)
$70
Clause 10
(1)
$220
Clause 11
(2)
$110
Clause 14
(1)
$220
Clause
15
$110
Clause
16
$220
Clause 17
(2)
$220
Clause 18
(a)
$110
Clause 18
(b) and (d)–(f)
$220
Clause 18
(c)
$440
Clause 19
(a), (b) and (e)
$110
Clause 19
(c) and (d)
$220
Clause 20
(3) and (4)
$220
Clause 21
(1)
$220
Clause 22
(2) (a) and (b)
$220
Clause 23
(1) (a)–(c)
$220
Clause 24
(3)
$220
Historical
notes
Table of amending
instruments
Sydney Harbour
Foreshore Authority Regulation 2006 (457). GG No 103 of
18.8.2006, p 6301. Date of commencement, 1.9.2006, cl 2. This Regulation has
been amended as follows:
2009
No
106
Statute Law
(Miscellaneous Provisions) Act (No 2) 2009. Assented to
14.12.2009.
Date of commencement of Sch 5, 8.1.2010, sec 2
(2).
2010
No
40
Weapons and
Firearms Legislation Amendment Act 2010. Assented to
15.6.2010.
Date of commencement, 9.7.2010, sec 2 and 2010 (351) LW
9.7.2010.
Table of
amendments
Cl
3
Am 2009 No
106, Sch 5.23.
Cl
4
Am 2010 No
40, Sch 3.22.