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National Parks and Wildlife Amendment (National Parks Volunteer Service) Bill 2006 No , 2006 A Bill for An Act to amend the National Parks and Wildlife Act 1974 to provide for the establishment and operation of a National Parks Volunteer Service and to confer on it certain functions in relation to national parks.
National Parks and Wildlife Amendment (National Parks Volunteer Service) Clause 1 Bill 2006 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the National Parks and Wildlife Amendment (National Parks 3 Volunteer Service) Act 2006. 4 2 Commencement 5 This Act commences on the date of assent. 6 3 Amendment of National Parks and Wildlife Act 1974 No 80 7 The National Parks and Wildlife Act 1974 is amended as set out in 8 Schedule 1. 9 4 Repeal of Act 10 (1) This Act is repealed on the day following the day on which this Act 11 commences. 12 (2) The repeal of this Act does not, because of the operation of section 30 13 of the Interpretation Act 1987, affect any amendment made by this Act. 14 Page 2
National Parks and Wildlife Amendment (National Parks Volunteer Service) Bill 2006 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 5 Definitions 3 Insert in alphabetical order in section 5 (1): 4 national parks volunteer means a person appointed to the 5 National Parks Volunteer Service under Division 3A of Part 2. 6 [2] Section 8 Miscellaneous functions of Director-General 7 Insert ", national parks volunteers" after "prospective honorary rangers" in 8 section 8 (8). 9 [3] Part 2, Division 3A 10 Insert after Division 3: 11 Division 3A National Parks Volunteer Service 12 20A Definitions 13 In this Division: 14 exercise a function includes perform a duty. 15 function includes a power, authority or duty. 16 20B Appointment of volunteers 17 The Director-General may, by instrument in writing, appoint 18 such persons as the Director-General considers suitable to the 19 National Parks Volunteer Service. 20 20C Terms of service 21 (1) A person appointed to the National Parks Volunteer Service has 22 and may exercise the functions of a national parks volunteer for 23 the term specified in the instrument of the person's appointment 24 to the National Parks Volunteer Service unless the person's 25 appointment is sooner revoked. 26 (2) The Director-General may, at any time and for any reason, 27 revoke a person's appointment as a national parks volunteer. 28 20D Functions 29 (1) A national parks volunteer has any functions that may be 30 determined by the Director-General from time to time, subject to 31 the regulations. 32 Page 3
National Parks and Wildlife Amendment (National Parks Volunteer Service) Bill 2006 Schedule 1 Amendments (2) Without limiting subsection (1), those functions may include any 1 of the following activities in relation to the management of land 2 reserved, or acquired for reservation, under this Act: 3 (a) the control of pests, including feral animals (not being 4 protected fauna), 5 (b) the control of weeds, 6 (c) bush fire hazard reduction, 7 (d) the maintenance of tracks and trails, 8 (e) the maintenance of facilities, 9 (f) the removal of rubbish, 10 (g) the carrying out of public relations activities, including 11 guided tours. 12 (3) The functions of a national parks volunteer may, but need not, be 13 exercised under the supervision of a member of staff of the 14 Department of Environment and Conservation. 15 20E Employment status 16 (1) A person appointed as a national parks volunteer is not, as a result 17 of the appointment: 18 (a) a worker for the purposes of the Workers Compensation 19 Act 1987 or the Workplace Injury Management and 20 Workers Compensation Act 1998, or 21 (b) an employee (however described) for the purposes of the 22 Industrial Relations Act 1996 or any other Act or law. 23 (2) Despite subsection (1), the Law Reform (Vicarious Liability) Act 24 1983 and the Occupational Health and Safety Act 2000 apply in 25 relation to a national parks volunteer in the same way as those 26 Acts apply in relation to a person who is employed in the 27 Department of Environment and Conservation. 28 [4] Section 154 Regulations 29 Insert "national parks volunteers," after "honorary rangers," in section 154 (a). 30 [5] Section 169 Impersonating, assaulting, resisting or obstructing an 31 officer etc 32 Insert after section 169 (1): 33 (1A) A national parks volunteer is not to be regarded, for the purposes 34 of subsection (1), as impersonating a person referred to in that 35 subsection merely because the volunteer is exercising his or her 36 powers, authorities, duties or functions as a volunteer. 37 Page 4
National Parks and Wildlife Amendment (National Parks Volunteer Service) Bill 2006 Amendments Schedule 1 [6] Schedule 3 Savings, transitional and other provisions 1 Insert at the end of clause 1 (1): 2 National Parks and Wildlife Amendment (National Parks 3 Volunteer Service) Act 2006 4 Page 5
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