Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:38:p1
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 38 (pt 1/2)
Character Range: 37759–40391

38  Camping
 (1) A person must not camp on Aboriginal Land unless the person has the written permission of the Council to do so.
 (2) For subsection (1), in considering an application for permission to install a moveable dwelling or associated structure on any Aboriginal Land, the Council must take the following matters into consideration:
 (a) whether any development approval that is required under:
 (i) the Planning and Development Act 2007 (ACT) as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915; or
 (ii) the Environment Protection Act 1997 (ACT) as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915;
  for the installation of the moveable dwelling or associated structure on the Aboriginal Land has been given;
 (b) whether the installation of the moveable dwelling or associated structure on the Aboriginal Land contravenes the provisions of:
 (i) the Planning and Development Act 2007 (ACT) as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915; or
 (ii) the Environment Protection Act 1997 (ACT) as in force in the Jervis Bay Territory under section 4A of the Jervis Bay Territory Acceptance Act 1915; or
 (iii) any other environmental planning instrument;
 (c) any other matter that the Council considers relevant to its consideration of the application.
 (3) A person must not camp on Aboriginal Land in a place other than a camping area or a camping site:
 (a) described in the Town Plan mentioned in section 13; or
 (b) determined by the Council.
 (4) For subsection (3), the Council may determine, in writing, that a part of Aboriginal Land is a camping area.
 (5) A person must not camp on Aboriginal Land using:
 (a) a tent; or
 (b) a mobile home; or
 (c) a campervan; or
 (d) a caravan; or
 (e) another mobile or temporary structure;
that does not comply with any law in force in the Jervis Bay Territory relating to standards of construction and safety.
 (6) If a person contravenes subsection (1), (3) or (5), a warden may give the person a notice:
 (a) identifying the alleged contravention; and
 (b) requiring the person:
 (i) to vacate the place at which he or she is camping within a specified time; and
 (ii) to remove from the place all material that the person has brought onto the site, or that is under the person's care or control; and
 (c) explaining the effect of subsections (7), (8) and (9).
 (7) A person to whom a warden gives a notice under subsection (6) must comply with the notice within the specified time.
 (8) If a person to whom