NATIONAL PARKS AND WILDLIFE ACT 1972 TABLE OF PROVISIONS PART 1--Preliminary 1. Short title 5. Interpretation PART 2--Administration Division 1--General administrative powers 6. Constitution of Minister as a corporation sole 9. Power of acquisition 10. Research and investigations 11. Wildlife Conservation Fund 12. Delegation 13. Information to be included in annual report 14. Minister not to administer this Act Division 2--The South Australian National Parks and Wildlife Council 15. Establishment and membership of the Council 16. Conditions of membership 17. Vacancies or defects in appointment of members 18. Direction and control of the Minister 19. Proceedings of the Council 19A. Conflict of interest 19B. Allowances and expenses 19C. Functions of the Council 19D. Annual report Division 2A--Advisory committees 19E. Establishment of advisory committees 19F. Members of advisory committees 19G. Quorum 19H. Proceedings of advisory committees 19I. Direction and control of advisory committees 19J. Conflict of interest 19K. Allowances and expenses 19L. Annual report Division 2B--Consultative committees 19M. Establishment of consultative committees 19N. Quorum 19O. Proceedings of consultative committees 19P. Conflict of interest Division 3--Appointment and powers of wardens 20. Appointment of wardens 21. Assistance to warden 22. Powers of wardens 23. Forfeiture 24. Hindering of wardens etc 24A. Offences by wardens etc 25. Power of arrest 26. False representation 26A. Immunity from personal liability PART 3--Reserves and sanctuaries Division 1--National parks 27. Constitution of national parks by statute 28. Constitution of national parks by proclamation 28A. Certain co-managed national parks cease on termination of co-management agreement Division 2--Conservation parks 29. Constitution of conservation parks by statute 30. Constitution of conservation parks by proclamation 30A. Certain co-managed conservation parks cease on termination of co-management agreement Division 3--Game reserves 31. Constitution of game reserves by statute 32. Constitution of game reserves by proclamation Division 4--Recreation parks 33. Constitution of recreation parks by statute 34. Constitution of recreation parks by proclamation Division 4A--Regional reserves 34A. Constitution of regional reserves by proclamation Division 4B--Native title 34B. Native title in relation to reserves Division 5--Control and management of reserves 35. Control of reserves 36. Management of reserves 37. Objectives of management 38. Management plans 39. Creation of zones within a reserve 40. Implementation of management plan 40A. Agreement as to conditions Division 6--Miscellaneous provisions relating to reserves 41. Approval of proposal for constitution of reserve 41A. Alteration of boundaries of reserves 42. Prohibited areas 43. Rights of prospecting and mining 43A. Prospecting and mining in regional reserves 43AB. Power to prohibit prospecting and mining in the Innamincka Regional Reserve 43B. Entry onto reserves for purpose of investigation and survey 43C. Entrance fees etc for reserves Division 6A--Provisions relating to co-managed parks Subdivision 1--Preliminary 43D. Application 43E. Objects Subdivision 2--Co-management agreements 43F. Co-management agreement Subdivision 3--Co-management Boards 43G. Establishment of co-management boards by regulation 43H. Corporate nature of co-management board 43I. Dissolution or suspension of co-management boards Subdivision 4--Miscellaneous 43J. Staff 43K. Accounts and audit 43L. Annual report Division 7--Sanctuaries 44. Establishment of sanctuaries 45. Protection of animals and plants in sanctuary PART 3A--Development Trusts Division 1--Development Trusts 45A. Interpretation and application 45B. Development Trusts 45BA. The General Reserves Trust 45C. Trust to be body corporate 45D. Appointment of members to a Trust 45E. Chairman and meetings of a Trust 45F. Functions of a Trust 45G. Trust may delegate 45H. Staff of a Trust 45I. Acquisition of land 45J. Financial provisions 45L. Dissolution of a Trust Division 2--The General Reserves Trust Fund 45M. Establishment of the Fund 45N. Investment of the fund 45O. Accounts and auditing PART 4--Conservation of native plants 46. Application of this Part 47. Unlawful taking of native plants 48. Unlawful disposal of native plants 48A. Illegal possession of native plants 49. Permits 49A. Permits for commercial purposes PART 5--Conservation of native animals Division 1--Application of thisPART 50. Application of this Part Division 2--Restrictions upon the taking of protected animals 51. Taking of protected animals etc 52. Open season 53. Permits to take protected animals 53A. Review of decision of the Minister under section 53 54. Dangerous magpies and poisonous reptiles Division 3--Release of protected animals 55. Restriction on release of protected animals Division 4--Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals 58. Keeping and sale of protected animals 58A. Restriction on keeping protected animals in certain areas 59. Export and import of protected animals and native plants 60. Illegal possession of animals etc Division 4A--Farming of protected animals 60B. Interpretation 60BA. Declaration of species for trial farming 60C. Permit for farming protected animals 60D. Code of management 60E. Royalty 60F. Application of fees and royalty Division 4B--Harvesting of protected animals 60G. Application of Division 60H. Interpretation 60I. Plan of management 60J. Permit for harvesting protected animals 60K. Royalty 60L. Application of fees and royalty Division 5--Royalty 61. Royalty 62. Demand for royalty 63. Recovery of royalty by civil action Division 6--General provisions 64. Unlawful entry on land 65. Use of poison 66. Restriction on use of certain devices 67. Devices for the illegal taking of animals 68. Molestation etc of protected animals PART 5A--Hunting Division 1--Hunting generally 68A. Hunting permits 68B. Unlawful entry on land Division 2--Hunting and food gathering by Aboriginal persons 68C. Interpretation 68D. Hunting and food gathering by Aboriginal persons 68E. Exemption from requirement to hold hunting permit PART 6--Miscellaneous provisions 69. Permits 70. Obligation to produce permit 70A. Failure to comply with authority 71. Duplicate 72. False or misleading statement 73. Offences against provisions of proclamations and notices 73A. Liability of vehicle owners and expiation of certain offences 74. Additional penalty 74A. Maximum penalties in relation to wilderness protection areas and zones 75. Evidentiary provisions 75A. Defence 77. Powers of court 78. Financial provision 79. Wilful damage to reserve or property of Minister or relevant board 80. Regulations 81. Codes of practice etc SCHEDULE 3--National parks SCHEDULE 4--Conservation parks SCHEDULE 5--Game reserves SCHEDULE 6--Recreation parks SCHEDULE 7--Endangered species SCHEDULE 8--Vulnerable species SCHEDULE 9--Rare species SCHEDULE 10--Unprotected species SCHEDULE 11--Species to which Part 5 Division 4A applies Legislative history NATIONAL PARKS AND WILDLIFE ACT 1972 - LONG TITLE An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 1 1--Short title This Act may be cited as the National Parks and Wildlife Act 1972. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 5 5--Interpretation In this Act, unless the contrary intention appears-- "Aboriginal" means of, or pertaining to, the people who inhabited Australia before European colonisation or their descendants; "Aboriginal-owned land" means land the fee simple in which is vested in-- (a) the Aboriginal Lands Trust; or (b) a body that represents the interests of the relevant Aboriginal group; "Aboriginal person" means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent; "Adelaide Dolphin Sanctuary" has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; "aircraft" includes a glider or balloon capable of carrying a person; "appointed member" in relation to the Council means a member of the Council appointed by the Governor under Part 2 Division 2; "animal" includes any species of animal; "carcass" of an animal means the whole or any part of-- (a) the flesh or internal organs of the animal; or (b) the feathers, wool, hair, skin or hide of the animal; or (c) the bones, horns or hooves of the animal; "the Chief Executive" means the person appointed to, or assigned to act in, the position of Chief Executive of the Department; "co-managed park" means a national park or conservation park in relation to which a co-management agreement is in force under Part 3; "co-management agreement" means a co-management agreement under Division 6A of Part 3; "co-management board" for a co-managed park means a board established under Division 6A of Part 3, or under any other Act, to manage the co-managed park; "conservation park" means land constituted, and for the time being continuing, as a conservation park under Part 3; "controlled species" means a species of animal declared to be a controlled species pursuant to this Act; "the Council" means the South Australian National Parks and Wildlife Council established by this Act; "Crown land" means-- (a) unalienated land of the Crown; or (b) land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown; "day" means any period of 24 hours, commencing at midnight; "the Department" means the administrative unit that is responsible for the administration of this Act; "device" means any trap, net, snare or other device for taking or facilitating the taking of animals and includes any substance that can be used for that purpose; "the Director" means the person for the time being holding, or acting in, the office of, Director of National Parks and Wildlife; "egg" includes any part of an egg or egg shell; "endangered species" means a species of animal or plant referred to in Schedule 7; "firearm" includes any device from which any kind of shot, bullet, or other missile can be discharged; "forest reserve" means a forest reserve within the meaning of the Forestry Act 1950; "game reserve" means land constituted, and for the time being continuing, as a game reserve under Part 3; "land" includes waters; "marine mammal" means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea); "mining Act" means the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; "mining production tenement" means-- (a) a mining lease, or a miscellaneous purposes licence, granted under the Mining Act 1971; (ab) a registered precious stones claim or a registered opal development lease registered under the Opal Mining Act 1995; (b) a production licence or a pipeline licence granted under the Petroleum Act 2000; (c) a production licence, or pipeline licence, granted under the Petroleum (Submerged Lands) Act 1982; (d) a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000; "mining tenement" means a claim, lease, licence, permit or other authority granted under a mining Act; "minor alterations or additions to a public road" means alterations or additions by way of realignment or reforming of a public road that are desirable in the interests of safety; "Murray-Darling Basin" has the same meaning as in the Murray-Darling Basin Act 1993; "national park" means land constituted, and for the time being continuing, as a national park under Part 3; "native plant" means any plant that is indigenous to Australia and includes any plant of a species declared by regulation to be a native plant; "owner" in relation to land, means the holder of any estate or interest in the land, and includes-- (a) the occupier of the land; or (b) a person to whom the care, control and management of the land has been committed; "plant" means vegetation of any species including-- (a) its flowers; or (b) its seeds; or (c) any other part of the vegetation; "premises" includes vacant land; "private land" means any land except Crown land; "prohibited species" means a species of animal declared to be a prohibited species pursuant to this Act; "protected animal" means-- (a) any mammal, bird or reptile indigenous to Australia; or (b) any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or (c) any animal of a species referred to in Schedule 7, 8 or 9; or (d) any animal of a species declared by regulation to be a species of protected animals, but does not include animals of the species referred to in Schedule 10 or any animals declared by regulation to be unprotected; "public road" means a road-- (a) to which the public has access; and (b) which is under the control of the Commissioner of Highways or a council constituted under the Local Government Act 1999; "rare species" means a species of animal or plant referred to in Schedule 9; "recreation park" means land constituted, and for the time being continuing, as a recreation park under Part 3; "relevant Aboriginal group", in relation to particular land, means an Aboriginal group or community with a traditional association with that land; "relevant mining Minister" in relation to a mining tenement means the Minister administering the Act under which the tenement is granted; "reserve" means any national park, conservation park, game reserve, recreation park or regional reserve constituted under this Act; "River Murray Protection Area" means a River Murray Protection Area under the River Murray Act 2003; "sell" means-- (a) sell, barter or exchange; (b) agree or offer to sell, barter or exchange; (c) receive, expose, store, have in possession, send, consign or deliver for or in pursuance of sale, barter or exchange, and "sale" has a corresponding meaning; "take"-- (a) with reference to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure; and (b) with reference to a plant means-- (i) to remove the plant or part of the plant, from the place in which it is growing; or (ii) to damage the plant; "to hunt" means to take any mammal or bird that has not been domesticated or brought into captivity; "traditional association", in relation to particular land, means an association with that land consisting of social, economic or spiritual affiliations with, and responsibilities for, the land in accordance with Aboriginal tradition; "vehicle" includes-- (a) a caravan or trailer; (b) an aircraft; (c) a ship, boat or vessel; "vulnerable species" means a species of animal or plant referred to in Schedule 8; "warden" means a person for the time being holding the office of warden under this Act; "wilderness protection area" means land constituted as a wilderness protection area under the Wilderness Protection Act 1992; "wilderness protection zone" means land constituted as a wilderness protection zone under the Wilderness Protection Act 1992; "wildlife" means all native plants and animals indigenous to Australia existing apart from cultivation or domestication. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 6 6--Constitution of Minister as a corporation sole (1) The Minister is a corporation sole. (2) The Minister is, in that corporate capacity, capable of acquiring, holding and disposing of real and personal property and of performing any other acts that lie within the capacity of a person of full age and capacity. (3) In any legal proceedings a document apparently bearing the signature or the common seal of the Minister will, in the absence of evidence to the contrary, be taken to have been duly executed by the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 9 9--Power of acquisition (1) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act. (2) Where a notice of intention to acquire land has been served, a person who wilfully damages the land or destroys or harms wildlife on the land is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months. (3) Where the Minister has reasonable cause to suspect that a person may act in contravention of subsection (2), the Minister may authorise a warden to enter upon the land and to exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection. (4) A warden authorised under subsection (3) may enter upon the land and use such force as may be necessary or expedient to prevent the commission of an offence under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 10 10--Research and investigations (1) The Minister may-- (a) cause research to be carried out into problems relating to the conservation of wildlife; or (b) collaborate with any other person, body or authority in the conduct of any such research; or (c) cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves. (2) The Minister may make available to the public the results of any research or investigation conducted under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 11 11--Wildlife Conservation Fund (1) The Wildlife Conservation Fund is established. (2) The fund consists of-- (a) money derived by the Minister from any donation or grant made for the purposes of the fund; and (b) money provided by Parliament for the purposes of the fund; and (c) money arising from any sale that the Minister is authorised to make in pursuance of powers conferred by this Act; and (ca) money arising from the sale of an animal, or the carcass or eggs of an animal, surrendered to the Minister, the Director or the Department; and (d) fees paid for permits under Part 5A; and (e) fees and royalties to be paid into the fund under any other provision of this Act; and (f) interest and accretions arising from investment of the fund. (3) Subject to this Act, the Minister may apply any portion of the fund towards-- (a) the conservation of wildlife, and land constituting the natural environment or habitat of wildlife, in such manner as the Minister may, upon the recommendation of the South Australian National Parks and Wildlife Council, determine; and (b) the promotion of research into problems relating to the conservation of wildlife; and (c) any other purpose for which the fund may be applied under this Act. (4) The Minister may invest any money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 12 12--Delegation (1) The Minister may delegate to the Chief Executive, the Director, the Council, an advisory committee or to any other person any of the Minister's powers under this Act. (2) The Chief Executive may, with the Minister's consent, delegate to the Director, the Council, an advisory committee or to any other person any of the powers delegated to the Chief Executive. (3) The Director may delegate to the Council, an advisory committee or any other person any of the Director's powers under this Act, including, with the consent of the person who has delegated the power, a power delegated to the Director under this section. (4) A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified position in the Public Service of the State. (5) A delegation under this section may be revoked at will by the delegator and does not prevent the exercise of any power by the delegator. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 13 13--Information to be included in annual report (1) Each annual report presented by the Department to the Minister under section 66 of the Public Sector Management Act 1995 must include the following information: (a) the aggregate amount of fees paid for entrance to reserves during the relevant year; and (b) the aggregate amount paid pursuant to leases, licences and other agreements referred to in section 35 during the relevant year; and (c) the aggregate amount of fees and other charges paid for camping and other accommodation on reserves during the relevant year; and (d) the aggregate amount paid for guided tours during the relevant year. (2) Every second annual report referred to in subsection (1) must include an assessment of the desirability of amending Schedules 7, 8, 9 and 10. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 14 14--Minister not to administer this Act The Minister administering a mining Act must not assume responsibility for the administration of this Act. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 15 15--Establishment and membership of the Council (1) The South Australian National Parks and Wildlife Council is established. (2) The Council consists of eight members seven of whom will be appointed by the Governor on the recommendation of the Minister. (3) The other member of the Council is the Director. (4) Of the appointed members-- (a) one must have qualifications or experience in the conservation of animals, plants and ecosystems; (b) another must be a person selected by the Minister from a panel of two men and two women nominated by the Conservation Council of South Australia Incorporated; (c) another must have qualifications or experience in the management of natural resources; (d) another must have qualifications or experience in organising community involvement in the conservation of animals, plants or other natural resources; (e) another must have qualifications or experience in a field of science that is relevant to the conservation of ecosystems and to the relationship of wildlife with its environment; (f) each of the remaining two must have qualifications or experience in at least one of the following: (i) ecologically based tourism; or (ii) business management; or (iii) financial management; or (iv) marketing, being an area in which the other does not have qualifications or experience. (5) Each of the appointed members of the Council must be a person who, in the opinion of the Minister, has a commitment to the conservation of animals, plants and other natural resources. (6) At least two of the members of the Council must be men and two must be women. (7) One of the appointed members of the Council will be appointed by the Governor, on the recommendation of the Minister, to be the presiding member of the Council. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 16 16--Conditions of membership (1) A member appointed by the Governor will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Governor may remove an appointed member from office-- (a) for misconduct; or (b) for failure or incapacity to carry out the duties of his or her office satisfactorily. (3) The office of an appointed member becomes vacant if the member-- (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). (4) If the office of an appointed member of the Council becomes vacant a person must be appointed by the Governor in accordance with section 15 to the vacant office. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 17 17--Vacancies or defects in appointment of members An act of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 18 18--Direction and control of the Minister The Council is subject to the direction and control of the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19 19--Proceedings of the Council (1) Five of the members of the Council appointed by the Governor constitute a quorum of the Council and no business may be conducted by the Council unless a quorum is present. (2) The presiding member will preside at each meeting of the Council at which he or she is present. (3) If the presiding member is absent, an appointed member chosen by the appointed members present will preside at the meeting. (4) A decision carried by a majority of the votes cast by appointed members at a meeting is a decision of the Council. (5) Each appointed member present at a meeting of the Council has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (6) The Director is not entitled to vote at a meeting of the Council. (7) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if-- (a) notice of the conference is given to all members in the manner determined by the Council for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (8) A proposed resolution of the Council becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if-- (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Council; and (b) a majority of the appointed members express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Council must cause accurate minutes to be kept of its proceedings. (10) Subject to this Act, the Council may determine its own procedures. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19A 19A--Conflict of interest (1) A member of the Council who has a direct or indirect pecuniary or personal interest in a matter decided or under consideration by the Council-- (a) must disclose the nature of the interest to the Council; and (b) must not take part in any deliberations or decisions of the Council on the matter. Maximum penalty: $4 000. (2) It is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter. (3) A disclosure under this section must be recorded in the minutes of the Council. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19B 19B--Allowances and expenses The appointed members of the Council are entitled to such allowances and expenses as may be determined by the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19C 19C--Functions of the Council (1) The functions of the Council are-- (a) to provide advice to the Minister at the Minister's request or on its own initiative on any matter relating to the administration of this Act; and (b) such other functions as are set out in this Act. (2) Without limiting subsection (1)(a), the Council may advise the Minister on the following matters relating to the administration of this Act: (a) planning in relation to the management of reserves; (b) the conservation of wildlife; (c) funding (including matters relating to sponsorship) and the development and marketing of commercial activities; (d) community participation in the management of reserves and the conservation of wildlife; (e) the development of policy; (f) existing or proposed national or international agreements relating to the conservation of animals, plants and ecosystems; (g) the promotion (including public education) of the conservation of wildlife and other natural resources; (h) the Council's assessment of the performance of the Department in administering this Act; (i) any other matter referred to the Council by the Minister or on which the Council believes it should advise the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19D 19D--Annual report (1) The Council must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19E 19E--Establishment of advisory committees (1) The Minister may establish one or more advisory committees to advise the Minister on any matter relating to the administration of this Act. (2) The Minister may, at the request of the Council, establish one or more advisory committees to advise the Council on any matter relating to the performance by the Council of its functions. (3) An advisory committee may, but need not, consist of, or include, members of the Council. (4) Without limiting the matters on which an advisory committee may advise the Minister or the Council, a committee may provide advice as to-- (a) the classification of species of animals or plants on the basis of the species' risk of extinction; (b) the management of wildlife including-- (i) the harvesting and farming of wildlife; (ii) population control of wildlife; (iii) the reintroduction of particular species of wildlife to parts of the State in which those species once lived or grew; (iv) the declaration of open seasons in relation to particular species of protected animals; (v) the issuing of permits under this Act; (vi) the management of endangered, vulnerable and rare species; (c) the plan of management for a particular reserve or plans of management generally; (d) the involvement of Aboriginal people in the management of land and wildlife; (e) private sector sponsorship for the management of reserves and wildlife. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19F 19F--Members of advisory committees (1) Members of committees will be appointed by the Minister for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Minister may remove a member of a committee from office-- (a) for misconduct; or (b) for failure or incapacity to carry out the duties of his or her office satisfactorily. (3) The office of a member becomes vacant if the member-- (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister or to the Council; or (d) is removed from office under subsection (2). NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19G 19G--Quorum The quorum for the transaction of business at a meeting of an advisory committee is determined by dividing the number of members of the committee by two, disregarding any fraction and adding one. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19H 19H--Proceedings of advisory committees (1) Meetings of advisory committees must be held in accordance with procedures prescribed by regulation. (2) To the extent that procedures are not prescribed by regulation, meetings must be held in accordance with directions of the Minister. (3) Subject to procedures prescribed by regulation or directed by the Minister, an advisory committee may determine its own procedures. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19I 19I--Direction and control of advisory committees (1) Subject to subsection (2), advisory committees are under the direction and control of the Minister. (2) An advisory committee established by the Minister at the request of the Council is under the direction and control of the Council. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19J 19J--Conflict of interest (1) A member of a committee who has a direct or indirect pecuniary or personal interest in a matter decided or under consideration by the committee must disclose the nature of the interest to the committee. Maximum penalty: $4 000. (2) It is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter. (3) A disclosure under this section must be recorded in the minutes of the committee. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19K 19K--Allowances and expenses The members of a committee are entitled to such allowances and expenses as may be determined by the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19L 19L--Annual report (1) A committee must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. (3) Subsection (1) does not apply to a committee that is established on or after 1 July in a financial year and is dissolved before 30 June in the same year. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19M 19M--Establishment of consultative committees (1) The Minister may establish consultative committees to represent the community interest in the management of reserves and the conservation of animals, plants and ecosystems in a particular part of the State. (2) The members of a consultative committee must be persons who, in the opinion of the Minister, have local knowledge that is relevant to, or who are interested in, the management of reserves or the conservation of animals, plants and ecosystems in the part of the State in relation to which the consultative committee is established. (3) Members of consultative committees hold office at the pleasure of the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19N 19N--Quorum The quorum for the transaction of business at a meeting of a consultative committee is determined by dividing the number of members of the committee by two, disregarding any fraction and adding one. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19O 19O--Proceedings of consultative committees (1) Meetings of consultative committees must be held in accordance with procedures prescribed by regulation. (2) To the extent that procedures are not prescribed by regulation meetings must be held in accordance with directions of the Minister. (3) Subject to procedures prescribed by regulation or directed by the Minister, a consultative committee may determine its own procedures. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 19P 19P--Conflict of interest (1) A member of a consultative committee who has a direct or indirect pecuniary or personal interest in a matter decided or under consideration by the committee must disclose the nature of the interest to the committee. Maximum penalty: $4 000. (2) It is a defence to a charge of an offence against subsection (1) to prove that the defendant was not, at the time of the alleged offence, aware of his or her interest in the matter. (3) A disclosure under this section must be recorded in the minutes of the committee. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 20 20--Appointment of wardens (1) Subject to subsection (7), the Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act. (2) A warden will be appointed for a term specified in the instrument of appointment. (3) An appointment under subsection (1) may be subject to conditions or limitations specified in the instrument of appointment that govern the exercise of the appointee's powers as a warden. (5) Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State. (6) A warden must, while acting as such, carry an identity card issued by the Minister or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act. (7) The Minister may not appoint a warden with powers limited in application to a co-managed park except-- (a) if there is a co-management board for the park--with the agreement of the co-management board; or (b) in any other case--after consultation with the other party to the co-management agreement for the park. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 21 21--Assistance to warden (1) A warden may request any suitable person to assist the warden in the exercise of powers under this Act. (2) A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 22 22--Powers of wardens (1) If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may-- (a) enter and search any premises or vehicle connected with the suspected offence; (b) in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place; (ba) give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle; (c) require the person suspected of having committed the offence to state his or her full name and usual place of residence; (ca) subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile; (cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means; (d) if the suspect is on a reserve--order him or her off the reserve for a stated period (not exceeding 24 hours). (1a) Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg. (1b) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary. (1c) A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally. (2) If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence. (3) If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence. (4) A warden may-- (a) enter and inspect premises-- (i) on which a protected animal is kept; or (ii) on which some other activity is carried on in pursuance of a permit under this Act; (b) examine a protected animal kept on such premises; (c) require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection. (5) For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose-- (a) if authorised by warrant under subsection (6); or (b) if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case. (6) A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle. (7) A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence. Maximum penalty: $1 000. (8) A warden must not exercise a power under this Act in relation to a co-managed park contrary to any provision relating to the exercise of the power contained in the co-management agreement for the reserve. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 23 23--Forfeiture (1) An object is liable to confiscation under this section if-- (a) it has been used in the commission, or is likely to be used in the commission, of an offence against this Act; or (b) it furnishes evidence of the commission of an offence against this Act; or (c) where the object is an animal, carcass, egg or plant-- (i) it has been taken in contravention of this Act; or (ii) it is, or has been, in the possession of a person in contravention of this Act. (2) A vehicle is liable to confiscation under subsection (1) only in relation to an offence that is punishable by imprisonment. (3) If a warden suspects on reasonable grounds that an object is liable to confiscation under this section, the warden may seize the object. (4) Where an object is seized under subsection (3), the following provisions apply: (a) if proceedings for an offence against this Act in relation to the object seized are not commenced within three months of the date of seizure, the object must be returned to the owner; (b) if such proceedings are commenced against the owner of the object within three months of the date of seizure and the owner is, in the course of those proceedings, convicted of such an offence-- (i) the court may order that the object be forfeited to the Crown; and (ii) where the object is an animal, carcass, egg or plant and the prosecutor applies for its forfeiture--the court must order that the object be forfeited to the Crown; (c) the object must be returned to the owner of the object if-- (i) in the circumstances referred to in paragraph (b), the owner is not convicted or the court does not make an order for forfeiture; or (ii) in any other circumstances, the object is no longer required to furnish evidence of the commission of an offence; (d) an object forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5) Despite subsection (4)-- (a) where a living animal is seized under this section, a warden may release it from captivity; (b) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom an object is to be returned under subsection (4), the object may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5a) Despite subsection (4) where, in the opinion of the Minister, an animal, carcass, egg or plant confiscated under subsection (1)(c) will suffer a substantial loss in its value before the question of its forfeiture under this section can be determined, the Minister may sell the object (unless it is required for evidentiary purposes) and the proceeds of the sale will be dealt with under this section as if they were the object. (6) In this section-- "convicted" includes found guilty without a conviction being recorded; "object" includes-- (a) an animal, carcass or egg; (b) a plant; (c) a vehicle; (d) a cage or container; (e) a firearm or device; (f) a poison or other substance; (g) a document or record; "owner" in relation to an object seized under this section means either or both of the following persons: (a) a person who has legal title to the object; (b) a person who was, immediately before seizure of the object, legally in possession or control of the object. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 24 24--Hindering of wardens etc (1) A person must not hinder a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $2 500. (2) A person must not use abusive, threatening or insulting language to a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $2 500. (3) A person must not assault a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $5 000 or imprisonment for 2 years. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 24A 24A--Offences by wardens etc Subject to section 26A, a warden, or a person assisting a warden, who-- (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence. Maximum penalty: $2 500. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 25 25--Power of arrest (1) A warden may, without warrant, arrest a person-- (a) who fails to comply with a direction, requirement or order of a warden under this Act; or (b) who hinders a warden in the exercise of powers or functions under this Act. (2) Where a warden arrests a person under this section, the warden must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 26 26--False representation A person must not, by words or conduct, falsely represent that he or she is a warden. Maximum penalty: $2 000 or imprisonment for 3 months. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 26A 26A--Immunity from personal liability (1) No personal criminal or civil liability attaches to a warden, or a person assisting a warden, for an act or omission in good faith and in the exercise or discharge, or purported exercise or discharge, of the powers or functions of a warden under this Act. (2) A civil liability that would, but for subsection (1), lie against a warden or other person lies instead against the Crown. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 27 27--Constitution of national parks by statute (1) The areas declared in Schedule 3 to be national parks are constituted national parks. (2) The names assigned in Schedule 3 to the national parks constituted under subsection (1) are, subject to this Division, the names of those national parks. (3) The Governor may, by proclamation-- (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name assigned to a national park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a national park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 28 28--Constitution of national parks by proclamation (1) The Governor may, by proclamation-- (a) constitute as a national park any specified Crown land, or specified Aboriginal-owned land, the Governor considers to be of national significance by reason of the wildlife or natural features of that land; and (b) assign a name to a national park so constituted. (1a) A proclamation must not be made under subsection (1)-- (a) constituting a national park of Aboriginal-owned land unless a co-management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (2) The Governor may, by subsequent proclamation-- (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name of a national park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a national park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 28A 28A--Certain co-managed national parks cease on termination of co-management agreement (1) This section applies to a co-managed national park comprised of Aboriginal-owned land that was Aboriginal-owned land before it was constituted a national park. (2) If the co-management agreement for a national park to which this section applies is terminated-- (a) the land ceases to be a national park; and (b) the Minister must cause notice of that fact to be published in the Gazette. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 29 29--Constitution of conservation parks by statute (1) The areas declared in Schedule 4 to be conservation parks are constituted conservation parks. (2) The names assigned in Schedule 4 to the conservation parks constituted under subsection (1) are, subject to this Division, the names of those conservation parks. (3) The Governor may, by proclamation-- (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name assigned to a conservation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a conservation park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 30 30--Constitution of conservation parks by proclamation (1) The Governor may, by proclamation-- (a) constitute as a conservation park any specified Crown land, or specified Aboriginal-owned land, that should, in the Governor's opinion, be protected or preserved for the purpose of conserving any wildlife or the natural or historic features of that land; and (b) assign a name to a conservation park so constituted. (1a) A proclamation must not be made under subsection (1)-- (a) constituting a conservation park of Aboriginal-owned land unless a co-management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (2) The Governor may, by subsequent proclamation-- (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name of a conservation park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a conservation park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 30A 30A--Certain co-managed conservation parks cease on termination of co-management agreement (1) This section applies to a co-managed conservation park comprised of Aboriginal-owned land that was Aboriginal-owned land before it was constituted a conservation park. (2) If the co-management agreement for a conservation park to which this section applies is terminated-- (a) the land ceases to be a conservation park; and (b) the Minister must cause notice of that fact to be published in the Gazette. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 31 31--Constitution of game reserves by statute (1) The areas declared in Schedule 5 to be game reserves are constituted game reserves. (2) The names assigned in Schedule 5 to the game reserves constituted under subsection (1) are, subject to this Division, the names of those game reserves. (3) The Governor may, by proclamation-- (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name of a game reserve constituted under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a game reserve, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 32 32--Constitution of game reserves by proclamation (1) The Governor may, by proclamation-- (a) constitute as a game reserve any Crown land that should in the Governor's opinion be preserved for the conservation of wildlife and management of game; and (b) assign a name to a game reserve so constituted. (2) The Governor may, by subsequent proclamation-- (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name assigned to a game reserve under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 33 33--Constitution of recreation parks by statute (1) The areas declared in Schedule 6 to be recreation parks are constituted recreation parks. (2) The names assigned in Schedule 6 to the recreation parks constituted under subsection (1) are, subject to this Division, the names of those recreation parks. (3) The Governor may, by proclamation-- (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, the Para Wirra Recreation Park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 34 34--Constitution of recreation parks by proclamation (1) The Governor may, by proclamation-- (a) constitute as a recreation park any specified Crown land that should in the Governor's opinion be conserved and managed for public recreation and enjoyment; and (b) assign a name to a recreation park so constituted. (2) The Governor may, by subsequent proclamation-- (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park constituted under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 34A 34A--Constitution of regional reserves by proclamation (1) The Governor may, by proclamation-- (a) constitute as a regional reserve any specified Crown land for the purpose of conserving any wildlife or the natural or historic features of that land while, at the same time, permitting the utilisation of the natural resources of that land; and (b) assign a name to a regional reserve so constituted. (2) The Governor may, by subsequent proclamation-- (a) abolish a regional reserve constituted under this section; or (b) alter the boundaries of a regional reserve constituted under this section; or (c) alter the name of a regional reserve constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a regional reserve except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) The Minister must, in relation to each regional reserve constituted under this Act, at intervals of not more than ten years-- (a) prepare a report-- (i) assessing the impact of the utilisation of natural resources on the conservation of the wildlife and the natural and historic features of the reserve; and (ii) assessing the impact, or the potential impact, of the utilisation of the natural resources of the reserve on the economy of the State; and (iii) making recommendations as to the future status under this Act of the land constituting the reserve; and (b) cause a copy of the report to be laid before each House of Parliament. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 34B 34B--Native title in relation to reserves (1) The constitution of a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made. (2) The addition of land to a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 35 35--Control of reserves (1) Subject to Part 3A, the Minister has the control of all reserves, other than co-managed parks, constituted under this Act. (2) All reserves, other than national parks or conservation parks constituted of Aboriginal-owned land, are vested in the Crown. (2a) A co-managed park is-- (a) if there is a co-management board for the park--under the control of the board, subject to Division 6A; or (b) in any other case--under the control of the Minister, subject to the provisions of the co-management agreement for the park. (3) The relevant authority may enter into a lease with another person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the lease for a specified purpose or purposes. (4) The relevant authority may grant a licence to, or enter into an agreement with, a person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the licence or agreement for a specified purpose or purposes. (5) Subject to this section, a lease, licence or agreement referred to in subsection (3) or (4) will be subject to such terms, conditions and limitations (including the payment of a fee, a bond or other charge) as the relevant authority thinks fit. (5a) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area, the lease, licence or agreement must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (5b) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area and is within a class of lease, licence or agreement prescribed by the regulations for the purposes of this provision (which classes may be prescribed so as to consist of applications for all such leases, licences or agreements), the Minister or the Director (as the case may be) must, before granting the lease or licence or entering into the agreement-- (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the lease, licence or agreement (including a direction that the lease or licence not be granted or the agreement not be entered into, or that if it is to be granted or entered into, then the lease, licence or agreement be subject to conditions specified by the Minister). (6) Any lease or licence entered into or granted in respect of land constituted as a reserve under this Act that was in force immediately before the land was so constituted continues, subject to its terms and conditions, in force for the remainder of its term as if it had been entered into by the relevant authority under this section. (7) The powers of the Minister under subsections (3), (4), (5) or (6) apply in relation to a co-managed park for which there is not a co-management board subject to the provisions of the co-management agreement for the park. (8) In this section-- "relevant authority" means-- (a) in relation to a co-managed park for which there is a co-management board--the co-management board for the park; or (b) in any other case--the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 36 36--Management of reserves (1) Subject to this section, and to Part 3A, all reserves, other than co-managed parks, are under the management of the Director. (2) A co-managed park is-- (a) if there is a co-management board for the park--under the management of the board, subject to Division 6A and the provisions of the co-management agreement; or (b) in any other case--under the management of the Director, subject to the provisions of the co-management agreement for the park. (3) The Director must observe any direction of the Minister or the Chief Executive relating to the management of reserves generally or any particular reserve (provided that, in the case of a co-managed park, the direction is consistent with the provisions of the co-management agreement for the park). (4) If there is a co-management board for the park, the board must comply with any provisions of the co-management agreement relating to the management of the park. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 37 37--Objectives of management (1) The Minister, the Chief Executive, the Director or a co-management board must have regard to the following objectives in managing reserves: (a) the preservation and management of wildlife; and (b) the preservation of historic sites, objects and structures of historic or scientific interest within reserves; and (c) the preservation of features of geographical, natural or scenic interest; and (d) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; and (e) the control of vermin and exotic animals; and (f) the control and eradication of disease of animals and vegetation; and (g) the prevention and suppression of bush fires and other hazards; and (h) the encouragement of public use and enjoyment of reserves and education in, and a proper understanding and recognition of, their purpose and significance; and (i) generally the promotion of the public interest; and (j) in relation to managing a regional reserve--to permit the utilisation of natural resources while conserving wildlife and the natural or historic features of the land; and (k) insofar as a reserve is located wholly or partly within the Murray-Darling Basin, the promotion of the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and (l) the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within reserves. (2) The Minister, the Chief Executive and the Director must, in managing a reserve that is situated wholly or partly within the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant). NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 38 38--Management plans (1) The Minister must-- (a) in the case of a reserve that is a co-managed park--as soon as practicable after the making of the co-management agreement for the reserve; or (b) in the case of any other reserve--as soon as practicable after the constitution of the reserve, prepare a plan of management in relation to the reserve. (1a) However, the Minister need not prepare a plan of management in relation to a reserve (whether or not the reserve is a co-managed park) if a plan of management has been adopted under this section in relation to the reserve. (2) The Minister may, at any time, prepare an amendment to a plan of management, or prepare a plan of management to be substituted for a previous plan (and in a subsequent provision of this section, a reference to a plan of management includes a reference to such an amendment or plan to be substituted). (2a) A plan of management must be prepared-- (a) after consultation with the Development Policy Advisory Committee under the Development Act 1993; and (b) having regard to-- (i) the principles and policies of the Planning Strategy under the Development Act 1993; and (ii) the provisions of any relevant Development Plan under that Act; and (c) in the case of a co-managed park-- (i) for which there is a co-management board--in collaboration with the board; or (ii) in any case--after consultation with the other party to the co-management agreement for the park. (3) Where the Minister has prepared a plan of management in respect of a reserve the Minister must cause notice that the plan of management has been prepared to be published in the Gazette and in a newspaper circulating generally throughout the State. (4) The plan of management must-- (a) set forth proposals of the Minister in relation to the management and improvement of the reserve; and (b) set forth any other proposals by which the Minister proposes to accomplish the objectives of this Act in relation to the reserve. (4a) The plan of management in respect of a co-managed park must deal with such matters and include such material as is required by regulation. (5) The notice must-- (a) specify an address at which copies of the plan of management may be inspected; and (b) specify an address to which representations in connection with the plan of management may be forwarded. (6) Any person may within three months after publication of the notice, or such longer period as may be specified in the notice, make representations to the Minister in connection with the plan of management. (7) At the expiration of the period during which representations may be made, the Minister must refer the plan of management together with any representations to the South Australian National Parks and Wildlife Council for its consideration and advice. (8) After consideration by the Council, the plan of management must be forwarded to the Minister together with any comments or suggestions of the Council. (9) The Minister may-- (a) adopt a management plan-- (i) without alteration; or (ii) with such alterations as the Minister thinks reasonable in view of the representations that were made; or (b) may refer the management plan back to the Council for further consideration. (9a) The Minister may not exercise a power of the Minister under subsection (9) in relation to a proposed plan of management for a co-managed park except-- (a) if there is a co-management board for the park--with the agreement of the board; or (b) in any other case--after consultation with the other party to the co-management agreement for the park. (10) When the Minister adopts a plan of management, notice of that fact must be published in the Gazette. (10a) A plan of management must not provide for the culling of protected animals from the reserve unless-- (a) the Minister is of the opinion that the culling of those animals is the only practicable option for controlling an overpopulation of animals of that species in the reserve; and (b) the plan sets out the Minister's reasons for that opinion. (11) The Director must, upon the application of any member of the public and payment of the prescribed fee, furnish that person with a copy of a plan of management adopted under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 39 39--Creation of zones within a reserve (1) A management plan may provide for the division of a reserve into zones. (2) Where a zone is created within a reserve the land within that zone must be kept and maintained in accordance with the conditions, declared by the plan of management to be appropriate to that zone. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 40 40--Implementation of management plan (1) Subject to subsection (2), where the Minister has adopted a plan of management in relation to a reserve-- (a) the provisions of the plan must be carried out in relation to that reserve; and (b) operations must not be undertaken in relation to that reserve unless those operations are in accordance with the plan of management. (2) Where a mining tenement has been granted in relation to land that is, or has become, a regional reserve, the management of the reserve is subject to the exercise by the holder of the tenement of rights under the tenement. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 40A 40A--Agreement as to conditions (1) The Minister administering this Act and the relevant mining Minister may enter into an agreement with the holder of a mining tenement granted in relation to land that is, or has become, a regional reserve imposing conditions limiting or restricting the exercise of rights under the tenement by the holder of the tenement and by his or her successors in title. (2) If a person contravenes, or fails to comply with, a condition imposed by agreement under subsection (1) in relation to a mining tenement, the relevant mining Minister must, at the request of the Minister administering this Act, serve notice on the holder of the tenement requiring the holder to rectify the contravention or failure in the manner and within the period (which must not exceed three months) set out in the notice. (3) If the holder of a tenement on whom a notice has been served under subsection (2) fails to comply with the notice, the relevant mining Minister may cancel the tenement. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 41 41--Approval of proposal for constitution of reserve (1) The Minister must-- (a) submit any proposal to constitute, or alter the boundaries of, a reserve to the Minister administering the Crown Lands Act 1929 for approval; (b) submit any such proposal to each Minister administering a mining Act and consider the views of that Minister in relation to the proposal; (c) submit any such proposal in respect of a reserve that includes or is to include land within the Murray-Darling Basin to the Minister to whom the administration of the River Murray Act 2003 is committed and consider the views of that Minister in relation to the proposal. (2) A proposal to constitute, or alter the boundaries of, a reserve that includes or is to include land that is vested in or is under the care, control and management of the Minister administering the Harbors and Navigation Act 1993 must be submitted to, and approved by, that Minister. (3) A proclamation for the purpose of constituting, or altering the boundaries of, a reserve must not be made without the approval or approvals required by this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 41A 41A--Alteration of boundaries of reserves (1) The Governor may, by proclamation made on the recommendation of the Minister, alter the boundaries of a reserve for the purpose of making, or allowing for the making of, minor alterations or additions to a public road that intersects, or is adjacent to, the reserve. (2) At least two months before making a recommendation to the Governor, the Minister must cause to be published in the Gazette and in a newspaper circulating generally throughout the State an advertisement-- (a) giving notice of the place or places at which a plan showing the proposed alterations is available for inspection; and (b) inviting interested persons to make written submissions to the Minister in relation to the proposal. (3) The Minister must give consideration to any submissions made in response to an advertisement under subsection (2). (4) The Minister must not make a recommendation if the Minister is satisfied that the proposed alteration would-- (a) significantly prejudice the fulfilment of the management objectives contained in section 37 as they relate to that reserve; or (b) be contrary to the plan of management prepared in accordance with section 38 in relation to that reserve. (5) No parliamentary resolution is required in relation to a proclamation under this section. (6) The Minister must, as soon as practicable after a proclamation has been made under subsection (1), cause a copy of the proclamation to be laid before each House of Parliament. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 42 42--Prohibited areas (1) Where the Minister is satisfied that it is expedient for the purpose of protecting human life or conserving native plants or animals the Minister may, by notice published in the Gazette, declare any portion of the reserve to be a prohibited area. (1a) Except in an emergency, the Minister may only make a declaration under subsection (1) in relation to a co-managed park-- (a) if there is a co-management board for the park--with the agreement of the board; or (b) in any other case--after consultation with the other party to the co-management agreement for the park. (2) Any notice published under subsection (1) must state the grounds upon which the declaration is made. (3) A person must not be within a prohibited area unless authorised to enter the area by a permit issued by the Minister under this section. Maximum penalty: $1 000. (4) The Minister may, on appropriate terms and conditions, issue to any person a permit to be within a prohibited area. (5) The Minister may, at the request of the co-management board for a co-managed park, exempt members of the relevant Aboriginal group from the restriction applying to a prohibited area within the co-managed park under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43 43--Rights of prospecting and mining (1) Subject to subsection (2), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a reserve. (1a) Subsection (1) does not apply to a regional reserve. (2) The Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a reserve or portion of a reserve, to which subsection (1) applies. (2a) A person must not contravene or fail to comply with a condition of a proclamation under this section. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (3) A proclamation under subsection (2) has effect in accordance with its terms. (4) The Governor may, by proclamation, vary or revoke a proclamation under subsection (2). (5) A proclamation under this section in respect of land constituting a national park, a conservation park or the Para Wirra Recreation Park (except a proclamation revoking a previous proclamation) must not be made unless-- (a) the proclamation is made for the purpose of continuing rights of entry, prospecting, exploration or mining vested in any person immediately before the commencement of this Act in respect of that land; or (b) the proclamation is made simultaneously with the proclamation constituting that land a national park or a conservation park; or (c) the proclamation is made in pursuance of a resolution passed by both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed. (7) A proclamation must not be made under this section in relation to a co-managed park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43A 43A--Prospecting and mining in regional reserves (1) The relevant mining Minister must not grant an application for a mining tenement in relation to a regional reserve without first submitting the application to the Minister administering this Act. (2) In the case of an application for a mining production tenement in relation to a regional reserve, the relevant mining Minister must not grant the application without the approval of the Minister administering this Act. (3) In the case of an application for any other kind of mining tenement in relation to a regional reserve the relevant mining Minister must not grant the application without considering the views of the Minister administering this Act. (4) If the Minister administering this Act refuses to give the approval required by subsection (2) the relevant mining Minister may refer the matter to the Governor and may, with the Governor's approval, grant the application. (5) The holder of a precious stones prospecting permit under the Opal Mining Act 1995 cannot peg out an area for a precious stones tenement on a regional reserve without the approval of the Minister administering this Act, or if the Minister refuses to give approval, without the approval of the Governor. (6) Subsection (2) does not apply to a petroleum production licence that the Minister administering the Cooper Basin (Ratification) Act 1975 is authorised to grant by section 9 of that Act. (7) A reference in this section to "the relevant mining Minister in relation to the granting of a mining tenement is, if the mining Act under which the tenement is granted provides for it to be granted by any authority other than the relevant mining Minister, a reference to that authority. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43AB 43AB--Power to prohibit prospecting and mining in the Innamincka Regional Reserve (1) The Governor may, by proclamation, create a zone within the Innamincka Regional Reserve. (2) Rights of entry, prospecting, exploration or mining cannot be acquired or exercised pursuant to a mining Act in respect of land within a zone created under this section. (3) If or when a proclamation is made under subsection (1), the Governor cannot, by subsequent proclamation, expand the area within the zone, or create a second or subsequent zone. (4) However, the Governor may, by subsequent proclamation-- (a) vary a proclamation made under subsection (1) to reduce the area of a zone; or (b) revoke a proclamation made under subsection (1). (5) A proclamation must not be made under subsection (4) except in pursuance of a resolution of both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5) must be given at least 14 sitting days before the motion is passed. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43B 43B--Entry onto reserves for purpose of investigation and survey (1) The Minister administering a mining Act or a person authorised by that Minister may enter onto any reserve for the purpose of a geological, geophysical or geochemical investigation or survey without the approval of the Minister administering this Act if the investigation or survey will not result in disturbance of the land. (2) A person who wishes to enter onto a reserve pursuant to subsection (1) must, before doing so, consult the Minister administering this Act. (3) This section does not apply to a zone created within the Innamincka Regional Reserve under section 43AB. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43C 43C--Entrance fees etc for reserves (1) Fees for entrance to reserves, fees for camping in reserves, fees for an activity authorised by a permit or permission granted under the regulations and fees for the use of facilities and services provided in reserves may be fixed by the relevant authority with the approval of the Minister. (2) Where a fee fixed under subsection (1) is payable, or has been paid, the relevant authority may, if he or she thinks fit, waive or refund the whole or part of the fee. (3) In this section-- "relevant authority" means-- (a) in relation to a co-managed park for which there is a co-management board--the co-management board for the park; or (b) in any other case--the Director. Subdivision 1--Preliminary NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43D 43D--Application This Division applies to a national park or conservation park, or proposed national park or conservation park, that is or is to be constituted of Aboriginal-owned land or land with which an Aboriginal group or community has a traditional association. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43E 43E--Objects (1) The principal object of this Division is to provide for effective co-management of parks to which this Division applies by representatives of the relevant Aboriginal groups and the Minister, and, as far as practicable, to-- (a) ensure the continued enjoyment of the parks by the relevant Aboriginal groups for cultural, spiritual and traditional uses; and (b) ensure the continued enjoyment of the parks by members of the public in a manner consistent with the co-management agreements for the parks; and (c) ensure the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within the parks; and (d) provide protection for the natural resources, wildlife, vegetation and other features of the parks. (2) The Minister must, in administering this Division, have regard to, and seek to further, the objects. Subdivision 2--Co-management agreements NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43F 43F--Co-management agreement (1) The Minister may enter into a co-management agreement for-- (a) a national park or conservation park to be constituted of Aboriginal-owned land; or (b) a national park or conservation park constituted of land with which an Aboriginal group or community has a traditional association. (2) The parties to a co-management agreement will consist of or include the Minister and-- (a) in the case of a national park or conservation park to be constituted of Aboriginal-owned land--the registered proprietor of the land, or the body in which the land is to be vested; or (b) in the case of a national park or conservation park constituted of Crown land--a body representing the interests of the relevant Aboriginal group. (3) A co-management agreement under this section may provide for-- (a) if a co-management board is to be established for the co-managed park--the constitution of the board; and (b) if a co-management board is not to be established for the co-managed park--any limitations or conditions applying to the exercise of the Minister's or Director's powers in relation to the park and responsibilities to be assumed by or on behalf of the relevant Aboriginal group; and (c) preparation of a plan of management for the co-managed park; and (d) measures related to the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance; and (e) implementation of the plan of management for the co-managed park; and (f) funding arrangements relating to the management of the co-managed park; and (g) the appointment of wardens; and (h) the exercising of powers by wardens in relation to members of the relevant Aboriginal group; and (i) employment of staff; and (j) dispute resolution; and (k) park entrance fees; and (l) access by members of the public to the co-managed park; and (m) the taking of plants and animals by members of the relevant Aboriginal group; and (n) any other matter specified by the Minister. (4) A co-management agreement may be varied in accordance with processes set out in the agreement. (5) The following provisions apply to the termination of a co-management agreement: (a) in the case of a co-management agreement for a national park or conservation park constituted of Aboriginal-owned land that was Aboriginal-owned land before the park was constituted-- (i) the agreement may be terminated unilaterally; (ii) the agreement may specify a minimum period that must elapse before the agreement may be terminated; (b) in the case of a co-management agreement for a national park or conservation park constituted of Aboriginal-owned land that was Crown land before the co-management agreement was made-- (i) the agreement may only be terminated by agreement between the Minister and registered proprietor of the Aboriginal-owned land; (ii) the agreement may specify a minimum period that must elapse before the agreement may be terminated; (c) in the case of a co-management agreement for a national park or conservation park constituted of Crown land--the agreement may only be terminated by the Minister by notice in writing to the other party to the agreement. (6) If a co-management agreement is entered into or terminated under this section, the Minister must cause notice of that fact to be published in the Gazette. (7) The Minister must, on the application of a member of the public and payment of the prescribed fee, furnish the person with a copy of a co-management agreement under this section. Subdivision 3--Co-management Boards NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43G 43G--Establishment of co-management boards by regulation (1) The Governor may, by regulation, establish a co-management board for a co-managed park. (2) Subject to this section, regulations establishing a co-management board-- (a) must not be inconsistent with the co-management agreement for the co-managed park; and (b) must name the board; and (c) must provide for the appointment, term and conditions of office and removal of the members of the board; and (d) must provide for the procedures governing the board's proceedings; and (e) may limit the powers and functions of the board; and (f) may provide for delegation by the board; and (g) may provide for the remuneration of members; and (h) may require reporting by the board to the Minister; and (i) may make any other provision (not inconsistent with this Act) that is necessary or expedient for the purposes of this Act. (3) The regulations establishing a co-management board for a co-managed park constituted of Aboriginal-owned land must (in addition to providing for the matters required under subsection (2)) provide for-- (a) the co-management board to have a majority of members who are members of the relevant Aboriginal group; and (b) the co-management board to be chaired by a person nominated by the registered proprietor of the land constituting the co-managed park; and (c) the quorum of the co-management board to have a majority of members who are members of the relevant Aboriginal group. (4) If a regulation establishing a co-management board is disallowed by either House of Parliament, the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43H 43H--Corporate nature of co-management board (1) A co-management board established under this Division-- (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (2) If a document appears to bear the common seal of the co-management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co-management board was duly fixed to the document. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43I 43I--Dissolution or suspension of co-management boards (1) Subject to this section, the Governor may, by regulation, dissolve or suspend a co-management board established under this Division. (2) The co-management board for a co-managed park must not be dissolved under this section unless-- (a) the co-managed park is abolished; or (b) the co-management agreement for the co-managed park is terminated. (3) The co-management board for a co-managed park must not be suspended under this section unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities. (4) On dissolution and during any suspension of a co-management board under this section, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister. Subdivision 4--Miscellaneous NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43J 43J--Staff (1) The staffing arrangements for a co-management board established under this Division will be determined or approved by the Minister after consultation with the relevant Aboriginal group. (2) Any staff under subsection (1) will be-- (a) Public Service employees assigned to work with the co-management board; or (b) if appointments have been made under subsection (3)--the persons holding those appointments. (3) A co-management board established under this Division may, with the approval of the Minister-- (a) appoint persons to the staff of the board; and (b) appoint persons to assist in the management of a co-managed park. (4) A co-management board established under this Division may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit. (5) A person employed under subsection (3) is not a Public Service employee. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43K 43K--Accounts and audit (1) A co-management board established under this Division must cause proper accounts to be kept of its financial affairs. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co-management board. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43L 43L--Annual report (1) A co-management board established under this Division must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The report must include-- (a) the audited accounts of the co-management board; and (b) any other information required by or under the regulations. (3) The Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 44 44--Establishment of sanctuaries (1) If the Minister is of the opinion that it is desirable to conserve the animals or plants for which any land is a natural habitat or environment and-- (a) where the land is reserved for or dedicated to, a public purpose, the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or (b) where the land is private land, the owner and occupier of the land have consented to a declaration under this section, the Minister may, by notice in the Gazette, declare the land to be a sanctuary. (1a) The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made. (2) The Minister-- (a) may revoke any declaration under this section; and (b) where private land constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary, must revoke the declaration under which that land is constituted a sanctuary. (3) In this section-- "owner" in relation to private land means the holder of an estate in fee simple in the land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45 45--Protection of animals and plants in sanctuary (1) A person must not take an animal, or the eggs of an animal, or a native plant within a sanctuary except in pursuance of this section. Maximum penalty: In the case of an animal, or the eggs of an animal, or a native plant of an endangered species, $10 000 or imprisonment for 2 years. In the case of an animal, or the eggs of an animal, or a native plant of a vulnerable species, $7 500 or imprisonment for 18 months. In the case of an animal, or the eggs of an animal, or a native plant of a rare species, $5 000 or imprisonment for 12 months. In any other case, $2 500 or imprisonment for 6 months. (2) The Minister may, if satisfied that it is in the interests of conserving wildlife to do so, grant a permit authorising the holder of the permit to take animals, or the eggs of animals, or native plants within a sanctuary in accordance with the terms of the permit. (3) The owner of land constituting a sanctuary, or a person authorised by the owner, may take an animal, or the eggs of an animal that is not a protected animal in the sanctuary without a permit under subsection (2). NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45A 45A--Interpretation and application (1) In this Part-- "General Reserves Trust" means the General Reserves Trust established by proclamation under section 45B on 30 November 1978 (see Gazette 30.11.1978 p2096 and 2097); "reserve" includes part of a reserve, or any two or more reserves; "Trust" means a development trust established under section 45B. (2) This Part does not apply to a co-managed park constituted of Aboriginal-owned land. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45B 45B--Development Trusts (1) The Governor may, by proclamation, establish a Development Trust in respect of a reserve. (2) A proclamation under subsection (1) must-- (a) (except in the case of the General Reserves Trust) designate the reserve in relation to which the Development Trust is to be created; (b) designate the Trust by a distinctive name; (c) fix the number of members of the Trust and the method by which they are appointed or elected; (d) fix the quorum for meetings of the Trust; (e) fix the terms and conditions upon which members of the Trust will hold office; (f) provide for the removal of members of the Trust from office and for the filling of vacant offices. (3) The Governor may, by further proclamation, vary any proclamation made under subsection (1). NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45BA 45BA--The General Reserves Trust The General Reserves Trust will be taken to have been established in relation to all reserves constituted under this Act except those in relation to which another Development Trust is for the time being established by proclamation under section 45B. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45C 45C--Trust to be body corporate (1) A Trust is a body corporate with perpetual succession and a common seal, and-- (a) is capable of suing and being sued; and (b) is capable of holding, acquiring, dealing with and disposing of real and personal property; and (c) is capable of acquiring or incurring any other rights and liabilities; and (d) has the powers, rights, duties and functions conferred, imposed or prescribed by or under this Act or any other Act; and (e) holds its property on behalf of the Crown. (2) Where an apparently genuine document purports to bear the common seal of a Trust, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of that Trust has been duly affixed to that document. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45D 45D--Appointment of members to a Trust (1) Upon the establishment of a Trust under this Act the members of the Trust must be appointed or elected, as the case may require, in accordance with the proclamation. (2) A member of a Trust is entitled to payment from the funds of the Trust of such remuneration, allowances and expenses as the Governor may determine. (3) An act or proceeding of a Trust is not invalid by reason of a vacancy in its membership or any defect in the appointment or election of a member. (4) No liability attaches to a member of a Trust for an act or omission by the member or the Trust in good faith and in the exercise or purported exercise of functions under this Act. (5) A member of a Trust who is an officer or employee of the Trust will not by reason of that fact be taken to have a financial or material interest in any matter or thing relating to rates of remuneration or other terms and conditions of employment of officers or employees of the Trust. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45E 45E--Chairman and meetings of a Trust (1) The members of a Trust must elect one of their number to be presiding member of the Trust for such period as the Trust may determine. (2) The presiding member, if present at a meeting of the Trust, must preside at that meeting. (3) In the absence of the presiding member, the members present at a meeting must elect one of their number to preside at that meeting. (4) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Trust. (5) The person presiding at a meeting of a Trust has, in the event of an equality of votes, a casting vote in addition to a deliberative vote. (6) Subject to this Act, a Trust may conduct its business in such manner as it thinks fit. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45F 45F--Functions of a Trust (1) Subject to this section and the other provisions of this Act, the functions of a Trust are to perform such duties in relation to the development or management of the reserve in relation to which it was established as are from time to time assigned to it by the Minister by notice in writing. (1b) It is an additional function of the General Reserves Trust to manage and control the General Reserves Trust Fund established under Division 2. (2) A Trust has and may exercise all such powers as are necessary for or incidental to the performance of its functions. (2a) Without limiting subsection (2), a Trust may charge and recover such amounts as it thinks fit in respect of facilities and services provided to the public by the Trust. (2b) Where the Minister has entered into a lease, or the Minister or the Director has granted a licence or entered into an agreement, in relation to a reserve under section 35, the Minister or Director may direct that money payable pursuant to the lease, licence or agreement be paid to the Trust that has been established in relation to the reserve. (2c) A Trust (not being the General Reserves Trust) may retain and apply money received by the Trust-- (a) pursuant to subsection (2b); or (b) being fees paid for entrance to the reserve or reserves in relation to which the Trust has been established (the Trust's reserves); or (c) being fees or other money paid for-- (i) the use of the Trust's reserves; or (ii) the use of facilities or services provided by the Trust; or (d) being money that it has borrowed with the approval of the Treasurer for the purposes of the Trust; or (e) as a donation or grant for the purposes of the Trust; or (f) as interest or accretions arising from investment of money held by the Trust, for the purpose of performing and discharging its functions and duties under this or any other Act without further appropriation by Parliament. (2d) A Trust must keep proper accounts of receipts and payments in relation to performing and discharging its functions and duties under this or any other Act and the Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under this subsection. (3) In the exercise of its powers and the performance of its functions a Trust is, except where it is required to make a report to the Minister, subject to the general control and direction of the Minister. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45G 45G--Trust may delegate (1) A Trust may delegate any of its powers, functions or duties to any committee appointed by the Trust, or to any member of the Trust or officer or employee of the Trust. (2) A delegation of powers, functions or duties by a Trust does not derogate from the power of the Trust to act itself in any matter and is revocable by the Trust at will. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45H 45H--Staff of a Trust (1) A Trust may appoint, upon terms and conditions approved by the Minister, such officers and employees as it thinks necessary or desirable for the proper carrying out of the functions and duties of the Trust. (2) The employment of an officer or employee by a Trust will be taken, for the purposes of the Superannuation Act 1988, to be employment to which that Act applies. (3) Where a person becomes an officer or employee of a Trust, that person's existing and accruing rights in respect of recreation leave, sick leave and long service leave will, where employment by the trust follows immediately upon-- (a) employment in the Public Service of the State; or (b) employment by another Trust; or (c) any other prescribed employment, continue in full force and effect as if that previous employment were employment with the Trust. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45I 45I--Acquisition of land A Trust may, with the approval of the Minister, acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969-- (a) for the purposes of carrying out its functions; (b) without limiting paragraph (a)--for the purposes of a reserve or to enlarge or extend an existing reserve. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45J 45J--Financial provisions (1) A Trust may, with the approval of the Treasurer, borrow money for the purpose of enabling it to perform and discharge its functions and duties under this or any other Act. (2) The Treasurer may, at his or her discretion, guarantee the discharge by a Trust of any liability incurred by it in respect of any loan under subsection (1). (3) The Treasurer may, without any authority other than this section, pay out of the Consolidated Account any money required for the purpose of discharging obligations arising by virtue of a guarantee given under this section. (4) A Trust may, with the approval of the Treasurer, invest any of the money of the Trust that is not for the time being required for the purposes of the Trust, in such investments as may be approved by the Treasurer. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45L 45L--Dissolution of a Trust (1) The Governor may, by proclamation, dissolve a Trust. (2) Upon the dissolution of a Trust pursuant to subsection (1), the assets of the Trust will be disposed of and the liabilities of the Trust will be discharged in accordance with the directions of the Governor. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45M 45M--Establishment of the Fund (1) The General Reserves Trust Fund is established. (2) The fund is under the management and control of the General Reserves Trust. (3) The fund consists of-- (a) money provided by Parliament for the purposes of the fund; and (b) fees paid for entrance to reserves in relation to which the General Reserves Trust has been established (the Trust's reserves); and (c) money that is payable pursuant to a lease, licence or other agreement entered into by the Minister or Director under section 35 in relation to a reserve for which the General Reserve Trust is responsible that the Minister or Director has directed be paid into the fund; and (d) fees or other money not referred to in paragraph (c) paid for-- (i) the use of the Trust's reserves; or (ii) the use of facilities or services provided on the Trust's reserves; and (e) money borrowed by the Trust with the approval of the Treasurer for the purposes of the fund; and (f) any donation or grant made for the purposes of the fund; and (g) interest and accretions arising from investment of the fund. (4) The Trust may apply the fund-- (a) for or in relation to the development and management of one or more of its reserves; and (b) in repayment of money borrowed by the Trust for the purposes of the fund and interest payable in respect of that money; and (c) for or in relation to the management and control of the fund. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45N 45N--Investment of the fund The Trust may invest any of the money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 45O 45O--Accounts and auditing (1) The Trust must keep proper accounts of receipts and payments in relation to the fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under subsection (1). NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 46 46--Application of this Part (1) Subject to this section, this Part applies throughout the State. (2) The Governor may, by proclamation, declare that this Part, or any provisions of this Part specified in the proclamation, will not apply at any time or during periods specified in the proclamation-- (a) within a part of the State specified in the proclamation; or (b) to a specified species of native plant; or (c) to a specified species of native plant in a specified part of the State, and the operation of this Part will be modified accordingly. (3) The Governor may, by proclamation, revoke or vary a proclamation under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 47 47--Unlawful taking of native plants (1) Subject to this Part, a person must not take a native plant-- (a) on any reserve, wilderness protection area or wilderness protection zone; or (b) on any other Crown land; or (c) on any land reserved for or dedicated to public purposes; or (d) on any forest reserve. (2) A person must not take a native plant of a prescribed species on private land. (3) A person who contravenes subsection (1) or (2) is guilty of an offence. Maximum penalty: In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years. In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. In any other case, $2 500 or imprisonment for 6 months. (4) A person must not take a native plant on private land without the consent of the owner of the land. Maximum penalty: $1 000. Expiation fee: $150. (5) If in proceedings for an offence against this section it is proved that the defendant was found in possession of a native plant, it will be presumed, in the absence of proof to the contrary, that the defendant took the plant in contravention of this Act. (6) It is a defence to a charge of an offence against this section to prove that the act alleged against the defendant-- (a) was neither intentional nor negligent; or (b) was done in pursuance of some statutory authority. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 48 48--Unlawful disposal of native plants (1) A person must not sell or give away a native plant of a prescribed species. Maximum penalty: In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years. In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. In any other case, $2 500 or imprisonment for 6 months. (2) It is a defence to a charge of an offence against this section to prove that the native plant was taken pursuant to a licence under the Forestry Act 1950. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 48A 48A--Illegal possession of native plants (1) A person must not have in his or her possession or control a native plant that has been illegally taken or acquired. Maximum penalty: In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years. In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. In any other case, $2 500 or imprisonment for 6 months. (2) For the purposes of this section, a native plant is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth. (3) In proceedings for an offence against this section the onus lies on the defendant to prove that the native plant was not taken or acquired illegally. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 49 49--Permits (1) The Minister may grant a permit authorising-- (a) the taking of native plants; or (b) the sale or gift of native plants, subject to the conditions of the permit. (2) No offence is committed by reason of the taking, or the sale, of native plants in accordance with a permit under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 49A 49A--Permits for commercial purposes (1) The Minister may, by notice published in the Gazette and in a newspaper circulating generally throughout the State-- (a) declare that this section applies to, and in relation to, a species of plant; and (b) vary or revoke a declaration referred to in paragraph (a). (2) Where this section applies to, and in relation to, a species of plant, the Minister must prepare draft recommendations in relation to the following matters: (a) the effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part; and (b) the need for research in relation to that species; and (c) the identification of plants and plant products; and (d) any other matters that should, in the opinion of the Minister be addressed, and must make the recommendations available to the public for at least three months for comment before adoption by the Minister. (3) Before adopting the draft recommendation, the Minister must have regard to comments (if any) made by members of the public and may, if the Minister thinks fit, vary the recommendations to take account of those comments. (4) Recommendations adopted by the Minister must be published in the Gazette and in a newspaper circulating generally throughout the State and may be revoked or varied by further recommendations prepared by the Minister in accordance with this section. (5) The taking and sale of plants of a species to which this section applies for commercial purposes pursuant to a permit under section 49 is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit. (6) Restrictions and conditions imposed by regulation must implement recommendations adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned. (7) Where a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken pursuant to the permit were taken. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 50 50--Application of this Part (1) Subject to this section, this Part applies throughout the State. (2) The Governor may, by proclamation, declare that this Part or any provisions of this Part specified in the proclamation do not apply-- (a) within a part of the State defined or referred to in the proclamation; or (b) to a specified species of animal; or (c) to a specified species of animal in a specified part of the State. (3) The Governor may, by proclamation, revoke or vary any proclamation under this Part. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 51 51--Taking of protected animals etc (1) Subject to this Part, a person must not take a protected animal or the eggs of a protected animal. Maximum penalty: In the case of a marine mammal--$100 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of an endangered species--$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a vulnerable species--$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a rare species--$5 000 or imprisonment for 12 months. In any other case--$2 500 or imprisonment for 6 months. (2) In any prosecution under this section, it is a defence that the defendant did not wilfully or negligently commit the act subject to the charge. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 52 52--Open season (1) The Minister may, by notice published in a newspaper circulating generally throughout the State, declare an open season for the taking of protected animals of a specified species. (2) A notice under this section-- (a) must not relate to animals of an endangered species; and (b) does not apply in relation to animals within-- (i) a reserve, other than a game reserve; or (ii) a wilderness protection area or wilderness protection zone; and (c) does not apply in relation to animals within a game reserve unless the notice expressly provides that the open season applies in relation to that reserve. (3) A notice under this section-- (a) must state-- (i) the period of the open season (including, if the Minister thinks fit, the hours of the day during which animals may be taken); and (ii) the parts of the State to which the open season applies; and (iii) whether eggs may be taken; and (b) may prescribe restrictions or conditions applicable to the open season; and (c) may be varied or revoked by the Minister by a subsequent notice published in a newspaper circulating generally throughout the State. (4) It is lawful to take a protected animal in accordance with a notice under this section. NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 53 53--Permits to take protected animals (1) The Minister may grant to any person a permit to take protected animals or the eggs of protected animals, if satisfied that it is desirable to grant the permit-- (a) to facilitate scientific research; or (b) to enable the person to place bands, marks or tags upon such animals and then to release them; or (c) to permit the destruction or removal of animals that are