Acknowledgments 1. Introduction 2. Basic Legal Concepts 3. Campaign Planning and Protest Action 4. Speaking Out In Public 5. Interfering with Business Activities 6. Criminal Offences 7. Inclosed Property 8. On the Street 9. Special Areas 10. "Lock-down" Areas 11. In the Car 12. Forestry Areas 13. National Parks & Protected Areas 14. Commonwealth Land 15. Arrest & Detention 16. Bail 17. Preparing for Court 18. Before the Court Appendix A Appendix B Appendix C Appendix D Index

9 Special Areas

9.1 - Loitering
9.2 - Identification
9.3 - Public Assemblies
9.4 - Trespass
9.5 - Obstruction
9.6 - Offensive Conduct

Increasingly, there are specific NSW and federal laws relating to conduct in special areas, such as the Opera House and iconic locations on the Sydney foreshore. The offences and police powers generally mirror those discussed elsewhere, although their application is uneven. The “grab-bag” nature of the laws reflects the reactive context in which many of them were introduced – in particular, concerns around security for the Sydney Olympics (resulting in powers given to the Sydney Harbour Foreshore Authority) and the “No War”257 protest on the Sydney Opera House.

To make this chapter easier to understand, the key geographical or descriptive element of the laws is highlighted in bold below. Also, you should note:

• The authority of the Sydney Harbour Foreshore Authority extends to The Rocks, Darling Harbour, Pyrmont/Ultimo, the White Bay Power Station, the Rozelle railway yards, Ballast Point and the Australian Technology Park in Redfern. The Authority also manages the Circular Quay promenades, the Conservatorium of Music, King Street Wharf promenade and the Luna Park reserve (see map at Appendix B). However, some powers only apply to public areas within these precincts. These areas are described in this Chapter as the Sydney Harbour foreshore.
• The Royal Botanical Gardens and Domain, and the Centennial Park and Moore Park areas in Sydney are covered by regulations which establish Trusts to administer the lands.258 Sometimes different laws apply to these areas within the same Regulation.259
• Sydney Olympic Park is administered by a corporation, the Sydney Olympic Park Authority, which oversees Telstra Stadium, Sydney Superdome, the Sydney Showground, the Millennium Parklands (including Bicentennial Park), other parks and facilities and the Sydney Olympic Park Development Area.260
• The Sydney Harbour Federation Trust administers a number of old defence sites and other special Commonwealth lands, which are gradually being returned to the public. These are North Head Artillery School, Middle Head - Georges Heights, Woolwich Dock & Parklands, Cockatoo Island, Snapper Island, Macquarie Lightstation and the former Marine Biological Station (at the southern end of Camp Cove). These sites are described in this Chapter as the Sydney Harbour Federation sites.

9.1 Loitering or “Moving People On”

Under laws introduced prior to the Olympics, authorised officers261 may direct you to leave certain public areas on the Sydney Harbour foreshore if you:

• are causing annoyance or inconvenience to others, or
• are trespassing in closed areas, or
• have committed an offence under the Regulation.262

It is an offence not to comply with such a direction, provided you have been warned that failure to comply constitutes an offence.263 The maximum penalty is a fine of up to $2200.264 The police or a ranger may use reasonable force to physically remove you from the area if you fail to comply.265

Authorised officers also have “move on” powers in relation to the following parks in Sydney:

• the Royal Botanical Gardens and Domain
• Centennial Park and Moore Park
• Sydney Olympic Park

If directed,266 you are obliged to leave if you have entered the area unlawfully or are causing annoyance or inconvenience to others.267 If you refuse to leave, you may be removed268 and liable to substantial penalties.269

Authorised officers270 on Sydney Harbour Federation sites have similar powers to direct you to leave the land immediately, and to use reasonable force if you refuse, if they hold a reasonable belief you have committed, or are committing, an offence under the Regulations.271 Officers must identify themselves and give a warning.272 The maximum penalty for non-compliance is $550.273

9.2 Identification

When requested, you must identify yourself in the following areas:

• the Sydney Harbour foreshore,
• the Royal Botanical Gardens and Domain,
• Centennial Park and Moore Park
• Sydney Olympic Park

if an authorised officer reasonably suspects that you have committed an offence.274 Provided that you have been warned, it is an offence, punishable by a fine of up to $2200, to fail to comply with a request that you identify yourself.275

Authorised officers on Sydney Harbour Federation sites again have similar powers, providing they hold a reasonable belief that you have committed, or are committing, an offence under the Regulations.276 It is an offence to fail to comply with a request for identification, provided the officer identifies him/herself and warns you.277 The maximum penalty is $550.278

9.3 Public Assemblies

Permits are required for public assemblies in the following places:

• public areas within the Sydney Harbour foreshore,279
• on Sydney Harbour Federation sites280
• Centennial Park and Moore Park281
• on the Sydney Harbour Bridge and ANZAC Bridge.282

The governing bodies for Centennial Park and Moore Park, the Royal Botanical Gardens and Domain, and Sydney Olympic Park also have the power to reserve parts of the land for organised activities and limit the number of people who may enter any part of the lands.283

You may address public assemblies in the Domain during the day without consent but consent is needed to do so at night.284 Consent is also required to address public assemblies in the Royal Botanical Gardens.285

Consent is also often required to use loudspeakers and public address systems in special areas.286

9.4 Trespass

It is a summary offence punishable by $22,000 or 2 years gaol, or both, to enter or remain at the Sydney Opera House as a trespasser.287 If such trespass is with intent (including attempts) to cause damage, seriously disrupt the operations of the Opera House, or commit any offence punishable by imprisonment or arising under the (NSW) Summary Offences Act 1988, the penalty may be 7 years gaol.288 This substantially increases the penalties for numerous summary offences such as offensive language, so long as they are committed on the grounds of the Opera House as a trespass.289

It is an offence to enter or remain in the Royal Botanical Gardens, Centennial Park, Moore Park and Sydney Olympic Park when they are closed. These offences are punishable by substantial fines.290

On Sydney Harbour Federation sites, you must not enter closed places, or swim or take vessels into the water around the sites without consent.291

Intentionally or recklessly damaging the Sydney Opera House (or attempting to do so) carries a maximum penalty of 5 years gaol.292

The uses of the Royal Botanical Gardens and Domain, as well as Centennial Park and Moore Park are regulated by various provisions prohibiting damage, destruction or interference with things on Trust lands, both natural and built.293

On Sydney Harbour Federation sites, it is an offence to damage, deface, destroy, interfere with or take a variety of natural and built features.294

9.5 Obstruction

Authorised officers may order the removal of obstructions within the following special areas:

• public areas on the Sydney Harbour foreshore295
• Sydney Harbour Federation sites296
• Sydney Olympic Parkland297
• Centennial Park and Moore Park298

The order may be given to the person who caused, or person using, the obstruction or encroachment.299 Failing to comply with an order is an offence.300 In any event, police or others may remove the obstruction and recover from you any reasonable expenses incurred.301

You must not obstruct someone in the performance of their duties or fail to comply with reasonable directions from authorised officers relating to the good order, management and enjoyment of the following areas:

• the Royal Botanical Gardens and Domain302
• Centennial Park and Moore Park303
• Sydney Olympic Park304

9.6 Offensive Conduct and Other Activities

Authorised officers have wide powers to regulate activities on Sydney Harbour Federation sites, Centennial Park and Moore Park and Sydney Olympic Park. It is variously an offence to act in a manner that is disorderly, offensive, indecent, disturbing, annoying, or which unduly interferes with the amenity of the land.305 These complement, or operate in the alternative to, “move on” powers in special areas (see 9.1 above).

Camping, erecting banners and climbing trees without consent are, along with failing to comply with safety directions and other activities, variously banned on Sydney Harbour Federation sites, Sydney Olympic Parkland and in Centennial Park and Moore Park.306

Camping and the erection of structures without consent are banned in the Royal Botanical Gardens and Domain, with authorised officers able to require their removal, or remove them themselves.307

257. Where two protestors scaled the Sydney Opera House and painted the words “No War” on its side.
258. See (NSW) Royal Botanical Gardens and Domain Trust Act 1980 and (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Centennial Park and Moore Park Trust Act 1983 and the (NSW) Centennial Park and Moore Park Trust Regulation 2004.
259. See (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 Parts 3 and 4.
260. (NSW) Sydney Olympic Park Authority Act 2001 and the (NSW) Sydney Olympic Park Regulation 2001.
261. Police, the Authority and rangers possess the power: (NSW) Sydney Harbour Foreshore Regulation 2006cl 24(1).
262. (NSW) Sydney Harbour Foreshore Regulation 2006 cl 23(1).
263. (NSW) Sydney Harbour Foreshore Regulation 2006 cl 23(1) and (4).
264. (NSW) Sydney Harbour Foreshore Regulation 2006cl 23(1).
265. (NSW) Sydney Harbour Foreshore Regulation 2006cl 23(2) and (3).
266. Variously, Rangers, Directors and police officers are basically given the same powers under the regulations: see, for example, (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 3, 15(b), 16 and 17 and (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 26(1).
267. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 16(1); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 26(1); (NSW) Sydney Olympic Park Regulation 2001 cl 22(1).
268. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 16(2); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 26(4); (NSW) Sydney Olympic Park Regulation 2001 cll 22(2) and (3).
269. For the Royal Botanical Gardens and Domain the fine is $550 or, if dealt with by way of a penalty notice, $82: (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 16(1), 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B. For Centennial Park and Moore Park the fine is $1100 or $175 by way of a penalty notice: (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 26(6), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24. For Sydney Olympic Park, the offence is only made out if a person has been warned; if so, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Regulation 2001 cll 22(1), 22(5), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
270. There are a wide range of people who may exercise these powers including employees of the Trust, police and security officers: see (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 27.
271. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(1), (5) and (6).
272. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(3).
273. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 31(2).
274. (NSW) Sydney Harbour Foreshore Regulation 2006cl 22(1); (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 17(1); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 42(1); (NSW) Sydney Olympic Park Regulation 2001 cl 21(1) (where police can also ask for proof of age, where this is relevant).
275. (NSW) Sydney Harbour Foreshore Regulation 2006cl 22(2) and (3) ($2200 fine); (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 17(2), 17(3), 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B ($2200 fine or $110 if dealt with by a penalty notice). There is an additional requirement under the latter for an officer to identify himself or herself, although this will usually be unnecessary: cl 17(3)(a). (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 42(2), 42(3), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (fines of $1100 or $175 by way of penalty notice). For Sydney Olympic Park, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Regulation 2001 cll 21(2), 21(3), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
276. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(1).
277. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(2), (3) and (4).
278. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 30(2) and (3).
279. (NSW) Sydney Harbour Foreshore Regulation 2006cl 5(2). The maximum penalty for proceeding without a permit is $2200.
280. (CTH) Sydney Harbour Federation Trust Regulations 2001 cll 11(1) and 25(1). The maximum penalty for proceeding without a permit is $1100: cl 11(1).
281. (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 13(1)(f). The maximum penalty for proceeding without a permit is $1100 or $230 by way of a penalty notice: (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 13(1)(f), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24.
282. (NSW) Roads (General) Regulation 2000 cl 44(1)(d) (the permit is obtainable from the Roads and Traffic Authority). The maximum penalty for failure to obtain a permit is $550.
283. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 5(d) and 7(1)(a); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 8(1), 10(2)(h); (NSW) Sydney Olympic park Regulation 2001 cl 5(1)(a) and (a1).
284. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 20(1)(b). The maximum penalty is $550 or a fixed fine of $82 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
285. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 19(1)(b), 20(1)(b) and 21. The maximum penalty is $550 or a set fine of $82 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
286. See, for example, (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 11(f) and 21; (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 27(b).
287. (NSW) Sydney Opera House Trust Act 1961 s 28A.
288. (NSW) Sydney Opera House Trust Act 1961 ss 28B and 28D. Offences under 28B and 28D are table 1 offences under section 260(1) of the (NSW) Criminal Procedure Act 1986 – that is, indictable offences that are to be dealt with summarily unless the prosecutor or person charged elects otherwise.
289. The usual penalty for offensive language is a maximum fine of $660: see (NSW) Summary Offences Act 1988 s 4A.
290. For the Royal Botanical Gardens, see (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 18(2) ($550 fine). There is a fixed fine of $55 if dealt with by a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B. For Centennial Park and Moore Park, see (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 11(2), 26(1)(a), 26(6), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 ($1100 fine or $175 by way of a penalty notice). For Sydney Olympic Park, the fine is $2200 or $200 if dealt with as a penalty notice: (NSW) Sydney Olympic Park Regulation 2001 cll 4(2), 22(1)(c), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79.
291. (CTH) Sydney Harbour Federation Trust Regulations 2001 cll 17(1), 19(4), 20(1), 22, 23 and 25. The maximum penalty is either $1100 (regarding vessels) or $550 (entering closed places or swimming).
292. (NSW) Sydney Opera House Trust Act 1961 ss 28C and 28D. If the damage is less than $5000, the offences are table 2 offences under section 260(2) of the (NSW) Criminal Procedure Act 1986 – that is, indictable offences that are to be dealt with summarily unless the prosecutor elects otherwise. If more than $5000 damage, they are table 1 offences under section 260(1) of the (NSW) Criminal Procedure Act 1986 – that is, indictable offences that are to be dealt with summarily unless the prosecutor or person charged elects otherwise.
293. For the Royal Botanical Gardens and Domain, the maximum penalty is $550 or a set fine of $82 if dealt with by a penalty notice: (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cll 10, 23, Schedule 1 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.For Centennial Park and Moore Park, the maximum penalty is $1100 or various fines of between $85 and $500 if dealt with as penalty notices: (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 16, 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24.
294. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 10(1) and (3). The maximum penalty is $1100.
295. (NSW) Sydney Harbour Foreshore Regulation 2006 cl 24(1) and (6)
296. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(1). See also cl 34 regarding the power to direct cars to be moved.
297. (NSW) Sydney Olympic Park Regulation 2001 cl 23(1).
298. (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 15(2).
299. (NSW) Sydney Harbour Foreshore Regulation 2006 cl 24(2); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(2); (NSW) Sydney Olympic Park Regulation 2001 cl 23(2); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 15(2).
300. (NSW) Sydney Harbour Foreshore Regulation 2006 cl 24(3) (the maximum penalty is $2200); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(3) (the maximum penalty is $550); (NSW) Sydney Olympic Park Regulation 2001 cll 23(3), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $2200 or $200 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 15(2), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $115 by way of penalty notice).
301. (NSW) Sydney Harbour Foreshore Regulation 2006cl 24(4) and (5); (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 33(6) and (7); (NSW) Sydney Olympic Park Regulation 2001 cl 23(4) and (5); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 15(3).
302. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 15. The maximum penalty is $550 or a set fine of $110 if dealt with by way of a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.
303. (NSW) Centennial Park and Moore Park Trust Regulation 2004 cl 25(d) and (e), 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $175 by way of penalty notice).
304. (NSW) Sydney Olympic Park Regulation 2001 cll 12(1)(d) and (e), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $1100 or $150 as a penalty notice).
305. (CTH) Sydney Harbour Federation Trust Regulations 2001 cl 19(1) and (2) (a maximum penalty of $550 in all circumstances); (NSW) Sydney Olympic Park Regulation 2001 cll 12(1), 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $1100 or $150 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 25, 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or $115 by way of penalty notice).
306. See (CTH) Sydney Harbour Federation Trust Regulations 2001 cll 19(3), 21, 22, 23 and 25 (the maximum penalty is $550 in all cases); (NSW) Sydney Olympic Park Regulation 2001 cll 3, 25, Schedule 1 and the (NSW) Sydney Olympic Park Authority Act 2001 s 79 (a maximum penalty of $2200 or $200 as a penalty notice); (NSW) Centennial Park and Moore Park Trust Regulation 2004 cll 15, 16, 18, 45 and Schedule 1 and the (NSW) Centennial Park and Moore Park Trust Act 1983 s 24 (a maximum penalty of $1100 or between $85 and $500 by way of penalty notice).
307. (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 cl 8(1), (2) and (3). The maximum penalty is $550 or a set fine of $82 (camping) or $110 (others) if dealt with by way of a penalty notice: see cl 23, Schedule 1 of the (NSW) Royal Botanical Gardens and Domain Trust Regulation 2002 and the (NSW) Royal Botanical Gardens and Domain Trust Act 1980 s 22B.

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