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Management and enforcement

Managing visitor access and behaviour on Crown Reserves

Reserve trusts have the authority to manage behaviour and access in order to protect the reserve. This includes enforcing the laws and by-laws which apply to the reserve.  However, those enforcing laws and by-laws must be an authorised person under the Crown Lands Act 1989 (see below).

Under Section 124 of the Crown Lands Act 1989 (the Act), a member of the reserve trust board or a ranger or other employee authorised by the reserve trust can remove a person from the reserve if they are:

  • breaching a by-law that applies to the reserve
  • engaging in disorderly conduct which is causing annoyance or inconvenience to other people using the reserve (including affecting their ability to enter or leave the reserve).

Section 124 specifically authorises that the police service be called in to help.

Situations that may require management include:

  • illegal car races;
  • bonfires – particularly in environmentally sensitive areas or during fire bans;
  • damage to trust property;
  • trail-bike riding;
  • removal of native flora or fauna;
  • dumping of rubbish;
  • building of unauthorised structures;
  • residing illegally on the reserve;
  • grazing stock; or
  • removal of warning signs or other signage.

Penalty notices under the Crown Lands Regulation 2006 (the Regulation) and the Crown Lands (General Reserves) By-law 2006 (the By-law) for behaviour that contravenes the provisions of the Regulation or By-Law may be issued. Penalty notices are, in effect, on-the-spot fines, which can be issued for breach of a list of offences specified in the Regulation and the By-law.

Authorisation of Officers

Members of a trust board or nominated employees must be appointed as authorised persons under s.153 of the Crown Lands Act 1989 before issuing penalty notices. To become an authorised person, individuals need to be trained and accredited to issue penalty notices. Training is offered by both the Crown land (the Department) face to face and online from the State Debt Recovery Office (SDRO). Please note the following Policy in relation to becoming an authorised person:

Reserve Trusts - Self-Enforcing Infringement Notice Scheme (SEINS) policy and procedure (PDF, 70.27 KB)

Internal Training

This training is provided by the Natural Resources Compliance Unit within the Department. The training will assist reserve trust members and reserve employees by providing relevant compliance, operational procedures and best practice when or if issuing penalty notices.

Self Enforcement Infringement Notice Scheme (SEINS) course

The SEINS course is an online training course provided by SDRO for people who are seeking to become authorised to issue infringement notices. The course provides the background information of the Self Enforcement and Infringement Notice Scheme as well as skills in writing an infringement notice.  Reserve trust members and employees must successfully complete this course in order to become authorised under the Crown Lands Act 1989 to issue penalty notices.

Authorisation form

The authorisation form is to be completed by the person seeking to become an authorised person. Accompanying the application form must be documented evidence that the person is a member of the trust and that they are required by the trust to become an authorised officer. The form is also a statutory declaration that the person has not been convicted of an offence punishable by imprisonment for more than 12 months and that the person has completed the SEINS course. Contact details in regards to completing the online SEINS course may be found on the Authorisation form below.

The authorisation form and attached evidence of completion of the SEINS course is to be submitted to the Department for approval on behalf of the Minister. Authorisation from the Minister must be acquired before any penalty notices can be issued.

Authorisation of a person under section 153 of the Crown Lands Act 1989 form (PDF, 225.08 KB)

For more information

Chapter 6 of the Trust Handbook

If you’d like more information about compliance on reserves, or would like to get in touch with the department, please email us or call on 1300 886 235.

 
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