Local Law No. 5 - Murray to Mountains Rail Trail

Overview

The purpose of this Local Law is to:

  1. Prohibit, regulate and control activities which may be dangerous or unsafe or detrimental to the enjoyment and use of the Rail Trail;
  2. Prohibit, regulate and control access to, behaviour on and use of, the Rail Trail; and
  3. Provide for the peace, order and good governance of the municipal district.
  4. Repeal Local Law No. 5 of 13 October 2009
  5. Replace all references to the Section 86 Committee of Management with references to Indigo Shire Council, in accordance with Council’s resolution from 28 June 2016

Prohibited or Restricted Entry or Access

A person must not, without a permit, enter or remain in an area of the Rail Trail Reserve to which entry or access has been prohibited or restricted in accordance with any areas Council has determined as prohibited or restricted. (See full document)

Driving or Parking Vehicles

1. A person must not within the Rail Trail Reserve –

1. Use, control or drive a vehicle; or
2. Park or leave a vehicle standing, Unless in an area set aside for that use under those set aside by Council for particular uses (see full document) or where a permit has been issued under this Local Law for a specified purpose.

2. Sub-clause 1 does not apply to –
          1. A bicycle, unicycle, tricycle or scooter;
          2. A battery powered bicycle or scooter with a power source of less than 200 watts;
          3. A disabled person using a 4-wheel motor bike or motorised wheel chair, provided the maximum speed travelled by that vehicle does           not exceed 20km/per hour; or
          4. Any motorised vehicle for that section of the Rail Trail Reserve signed as a shared zone

Aircraft, Helicopters and Airborne Craft

A person must not, without a permit or license, launch, fly, land, control or operate any model aircraft, model helicopter, aircraft, helicopter, glider, hang glider or similar flying machine, kite, hot air balloon or parachute within the Rail Trail Reserve.

Camping

A person must not camp within the Rail Trail Reserve unless in accordance with a permit or license and in an area set aside by Council for a specific use. (See full document) 

Fire

  1. A person must not light or maintain a fire in the Rail Trail Reserve unless –
    1. At a time and during a period when the lighting of fires is not prohibited under any Act;
    2. In a fireplace provided by Council; and
    3. In an area set aside for a specific use by Council.
  2. A person must not leave unextinguished or unattended a fire which that person has lit or maintained in the manner referred to in clause 1

Erecting or Using Buildings and Structures

A person must not, without the authority, a permit or license, within the Rail Trail Reserve –

  1. Erect or place any building or structure, including a fence; or
  2. Enter, occupy or use the whole or any part of any building or structure unless it is set aside as an amenity or facility for public use as specified by Council 

Games or Sports

A person must not, without a permit, engage in any game or sport within the Rail Trail Reserve unless in an area set aside for that use as specified by Council. 

Organised Function, Fete or Public Meeting

A person must not participate in an organised function, concert, festival, tour, fete or public meeting or similar event within the Rail Trail Reserve unless in accordance with a permit and in an area set aside for that use as specified by Council. 

Public Address

A person must not, without a permit, preach or deliver an address or use any amplifier, public address system, loud hailer or similar device within the Rail Trail Reserve.

Commercial Activities

A person must not within the Rail Trail Reserve –

  1. Sell or offer any article for sale;
  2. Ply any vehicle for hire or carry any passengers for fee or reward;
  3. Conduct any school or provide any form of instruction for gain;
  4. Display, advertise for sale or trade or hire any article, device, service or thing;
  5. Solicit or collect money or orders for goods or services or other purposes;
  6. Take part in or advertise any entertainment for gain;
  7. Give out, distribute, erect, leave set up or display any handbill, placard, notice, pamphlet, book, paper, advertising matter or any like thing;
  8. Offer for hire any article, device or thing;
  9. Conduct a tour for gain or for commercial purposes; or
  10. Cultivation and/or planting of crops for harvest unless in accordance with a permit or approval, and in an area set aside for that use as specified by Council.

Machinery and Power Tools

A person must not, without a permit or license, operate any portable or stationary generator, air-compressor, chainsaw, oxy-acetylene or electrical cutting or welding apparatus or other machinery within the Rail Trail Reserve.

Horses

A person must not ride, drive or lead a horse, mule, donkey or camel, whether in a vehicle or not, within the Rail Trail Reserve unless in an area set aside for that use as specified by Council.

Livestock

A person must not, without a permit or license, drove, allow to be driven, allow to stand, or graze any livestock on the Rail Trail Reserve.

Hay Making

A person must not, without a permit, cut and bale hay.

Fire Minimisation

Fuel reduction burns must not be carried out on the Rail Trail without a permit from the Department of Environment, Land, Water and Planning.

Natural, Cultural and Other Assets

  1. A person must not within the Rail Trail Reserve
    1. Take, cut, damage, displace, deface or interfere with any timber, tree, shrub, plant, wildflower or other vegetation;
    2. Enter any area which is set aside as specified by Council –
      1.  for the re-establishment or planting of trees, shrubs, grass or other vegetation; or
      2. for the protection of flora or fauna, geological or geomorphological features or cultural values;
    3. Plant or knowingly introduce any seed, tree, shrub, fern or other vegetation or any part of any tree, shrub or other vegetation;
    4. Take, destroy or damage any lair or nest or take any fauna or its lair or nest or take any skeletal remains;
    5. Move or interfere with any sign, notice-board, equipment, seat, table, gate, post, fence, bridge, facility, building or structure;
    6. Take any stone including any soil, sand or gravel or bricks from bridge or drainage structures; or
    7. Disturb the soil for activities such as cropping.
  2. Fire minimisation does not apply to a person acting in accordance with a lease, license, permit or other authority under the Extractive Industries Development Act 1995, the Mineral Resources Development Act 1990 or the Petroleum Act 1958.

Use of Amenity or Facility

A person must not enter or use an amenity or facility set aside for use of persons of the opposite sex within the Rail Trail Reserve unless the person is a child under the age of 6 years who is accompanied by an adult.

Gates

A person must not within the Rail Trail Reserve leave any gate open except where the gate is already open, or in accordance with a sign authorised by Council.

Firearms and Traps

A person must not within the Rail Trail Reserve possess or carry or use any firearm, trap or snare.