Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the National Parks and Wildlife Act 1974 (the
NP&W Act) as follows:

(a) to provide that licences and franchises to carry on commercial activities may
be granted in relation to lands that are state conservation areas, regional parks,
karst conservation reserves or Aboriginal areas under the NP&W Act,

(b) to provide that leases, and licences to occupy or use land, may be granted in
relation to Aboriginal lands reserved as state conservation areas or regional
parks under Part 4A of the NP&W Act.

Section 81 (4) of the NP&W Act will continue to provide that, despite anything in
that or any other Act, or in any instrument made under that or any other Act, if a plan
of management has been adopted under Part 5 of the NP&W Act, no operations are
to be undertaken in relation to the lands to which the plan relates unless the
operations are in accordance with that plan.

This Bill also makes a statute law revision amendment.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision that gives effect to the amendments to the NP&W Act
set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Amendment relating to leasing and licensing of Aboriginal lands
reserved as state conservation areas and regional parks
Under Part 4A of the NP&W Act, certain Aboriginal lands may be vested in one or
more Aboriginal Land Councils then simultaneously leased to the Minister
administering the NP&W Act (the Minister) and reserved under that Act, for
example as state conservation areas or regional parks.

Existing provisions (sections 47GC and 47U) of the NP&W Act that provide that a
state conservation area trust or a regional park trust may, with the written consent of
the Director-General of the Department of Environment and Climate Change (the
Director-General), grant leases of, or licences to occupy or use, land in its state
conservation area or regional park, do not apply to any such Aboriginal land.

Schedule 1 [5] inserts a new section into the NP&W Act to provide that the
Director-General may grant such leases and licences in relation to state conservation
areas and regional parks reserved under Part 4A of the NP&W Act.

Section 81 (4) of the NP&W Act (which is within Part 5 (Plans of management) of
that Act) provides that, despite anything in that or any other Act, or in any instrument
made under that Act or any other Act, if a plan of management has been adopted
under Part 5, no operations are to be undertaken in relation to the lands to which the
plan relates unless the operations are in accordance with that plan.

Schedule 1 [6] amends section 81A of the NP&W Act as a consequential amendment
to make it clear that Part 5 of that Act has effect with respect to any part of a state
conservation area or regional park that is the subject of a lease or licence granted
under the proposed new section.

Schedule 1 [1] and [2] insert notes into other provisions of the NP&W Act relating
to leases and licences in state conservation areas and regional parks to point the
reader to the proposed new section dealing with Part 4A land.

Amendments relating to licences and franchises for commercial
activities in state conservation areas, regional parks, karst
conservation reserves and Aboriginal areas
At present, section 152 of the NP&W Act provides that:

(a) the Director-General may grant licences to carry on trades, businesses or
occupations within a national park or historic site, and

(b) the Minister may grant franchises for the sale of goods and services, the
provision of public transportation or the supply of other facilities and
amenities within a national park or historic site.

Schedule 1 [7] and [9] amend section 152 to provide that such licences and
franchises may also be granted in relation to lands that are reserved as state
conservation areas, regional parks, karst conservation reserves and Aboriginal areas.

In the case of state conservation areas and regional parks under the care, control and
management of a trust, Schedule 1 [8] inserts a provision to provide that the trust
concerned (rather than the Director-General) may, with the written consent of the
Director-General, grant such licences.

Schedule 1 [10] makes a consequential amendment.

Statute law revision amendment
Schedule 1 [3] and [4] amend two sections of the NP&W Act to correct incorrect
references to “proclamations” under Division 4 of Part 4A of that Act instead of
“notices” under that Division.

Savings and transitional provision
Schedule 1 [11] allows regulations of a savings or transitional nature to be made as
a consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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