NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 35
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.
(4a) A licence granted
under this section cannot be transferred or otherwise dealt with without the
consent of the relevant authority that granted the licence.
(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.