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NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 38

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 State Planning Commission; and

            (b)         having regard to any relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016 ; and

            (c)         in the case of a co-managed park—

                  (i)         if there is a co-management board for the park—in collaboration with the board; and

                  (ii)         if there is a co-management advisory committee for the park—after consultation with the co-management advisory committee; and

                  (iii)         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 state, by public notice prepared in accordance with subsection (5), that the plan of management has been prepared.

        (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 Parks and Wilderness 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 co-management advisory committee 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.