LOCAL GOVERNMENT ACT 1993 - SECT 633
Bathing (including nude bathing) and other water-based recreational activities
LOCAL GOVERNMENT ACT 1993 - SECT 633
Bathing (including nude bathing) and other water-based recreational activities
633 Bathing (including nude bathing) and other water-based recreational
activities
(1) A person who, in a place being--
(a) a public bathing place
under the control of a council, or
(b) a river, watercourse or tidal or
non-tidal water, or
(c) the sea adjacent to (although outside) an area, or
(d) a public place adjacent to any of those places,
fails to comply with the
terms of a notice erected by the council is guilty of an offence.
: Maximum
penalty--10 penalty units.
(2) A person who is in public view in the nude in
any place (other than a designated beach) referred to in subsection (1) is
guilty of an offence unless a notice erected by the council at the place
allows the use of the place (or part of the place) for the purposes of nude
bathing.
: Maximum penalty--10 penalty units.
(3) A council may erect a
notice--
(a) on land vested in or under the control of a council, or
(b) on
any other land, with the consent of the person who owns or controls the land.
(4) The terms of a notice referred to in this section may relate to one or
more of the following--
(a) the conduct and costume of the bathers in the
place,
(b) the use of the place (or any part of the place open to public
view) for the purposes of nude bathing,
(c) the use of water-based
recreational equipment in the place.
(4A) However, a notice referred to in
this section cannot prohibit--
(a) the use of a designated beach for the
purposes of nude bathing, or
(b) a person from otherwise being in the nude at
a designated beach.
(4B) Accordingly, any such notice (whether erected before
or after the commencement of the Local Government Amendment (Nude Bathing) Act
1996 ) that purports to prohibit the use of a designated beach for the
purposes of nude bathing, or that purports to prohibit a person from otherwise
being in the nude at a designated beach, has no effect on or after that
commencement.
(4C) A notice referred to in this section cannot prohibit or
regulate the use of any waters by a vessel (within the meaning of the
Ports and Maritime Administration Act 1995 )--
(a) in the case of a notice
erected after the commencement of this subsection--unless the Minister
administering that Act has consented to the erection of that notice, or
(b)
in the case of a notice erected before that commencement--if the Minister
administering that Act has directed the council to remove the notice.
(5) The
terms of a notice referred to in this section may--
(a) apply generally or be
limited in their application by reference to specified exceptions or factors,
or
(b) apply differently according to different factors of a specified kind,
or may do any combination of those things.
(6) In this section--
"designated beach" means any of the following beaches, or any part of the
following beaches (including the sea adjacent to any such beach)--
