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TASMANIA
__________
NATURE CONSERVATION BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Compliance with resource management and planning
system objectives
PART 2 ADMINISTRATION
6. Functions of the Secretary
7. Arrangements in respect of National Parks and Reserves
Management Act 2002
8. Rangers
9. Special advisory committees
PART 3 RESERVATION AND ACQUISITION OF LAND
10. Secretary to consult with Director
11. Declaration of Crown land as reserved land
12. Declaration of private land as reserved land
13. Declaration of land vested in public authority as reserved
land
[Bill 98]-X
14. Land acquired by Governor as reserved land
15. Lease of reserved land
16. Classes of reserved land
17. Alteration of class of reserved land
18. Parliamentary approval required for certain draft
proclamations
19. Naming of reserved land
20. Prohibition of certain names except in reference to
reserved land
21. Revocation of reservations
22. Registration of proclamation relating to private
sanctuary or private nature reserve
23. Lands subject to trusts
24. Supplementary provisions as to acquisition of land, &c.
25. Management agreement for private land
PART 4 CONSERVATION OF FAUNA AND FLORA
26. Wildlife regulations as to fauna
27. Wildlife regulations as to flora
28. Supplementary provisions as to wildlife regulations
29. Special permits to take wildlife
30. Open seasons for partly protected wildlife
31. Saving for rights of landowners, &c.
32. Prohibition on introduction, &c., of certain animals
PART 5 CONSERVATION COVENANTS
Division 1 Interpretation of Part
33. Interpretation of Part
Division 2 Conservation covenants generally
34. Minister may enter into conservation covenants
35. Variation and discharge of conservation covenants
36. Form of conservation covenants
2
37. Registration of conservation covenants
38. Covenants come into force on registration
Division 3 Covenants arising from refused private
timber reserve applications
39. Covenants for protection of natural or cultural values
Division 4 Covenants arising from forest practices plan
applications
40. Covenants with affected owners
41. Affected owner entitled to apply for compensation
42. Assessment of compensation
43. Payment of compensation
44. Effect of failure to pay compensation
Division 5 Provisions of general application
45. Power to inspect land subject to conservation covenant
46. Offence to contravene conservation covenant
47. Service of applications, &c.
PART 6 PROVISIONS RELATING TO ENFORCEMENT
48. Interpretation of "found offending"
49. Power to require offenders to disclose identity and leave
land
50. Production of licences, &c.
51. Powers and functions of seizure
52. Powers of entry and search
53. Powers of arrest
54. Commencing proceedings
55. Penalty
56. Production and cancellation of licences, &c., in offence
proceedings
57. Cancellation of firearms licence
58. Contravention of order under section 56(3)
59. Forfeiture of articles, &c., on conviction
3
60. Compensation on conviction for offences
61. Protection of authorised officers
PART 7 INFRINGEMENT NOTICES
62. Interpretation
63. Service and acceptance of infringement notices
64. Withdrawal of infringement notices
65. Effect of undertaking to pay a prescribed penalty
66. Service of notices
67. Penalty to be paid into Consolidated Fund
68. Regulations for this Part
PART 8 MISCELLANEOUS
69. Capacity, &c., to consent
70. Assistance to officers
71. Compensation for injury or death occurring in the course
of official duty, &c.
72. Gifts for conservation purposes
73. Aboriginal cultural activities on Aboriginal land
74. Expenses of Act
75. Delegation by Minister
76. Regulations
77. Savings and transitional provisions
78. Administration of Act
SCHEDULE 1 DETERMINATION OF CLASS OF
RESERVED LAND
SCHEDULE 2 OBJECTIVES OF THE RESOURCE
MANAGEMENT AND PLANNING SYSTEM OF
TASMANIA
SCHEDULE 3 REGISTRATION OF PROCLAMATIONS
REFERRED TO IN SECTION 22
SCHEDULE 4 SAVINGS AND TRANSITIONAL
PROVISIONS
4
NATURE CONSERVATION BILL 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to make provision with respect to the
conservation and protection of the fauna, flora and
geological diversity of the State, to provide for the
declaration of national parks and other reserved
land and for related purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Nature Conservation Act
2002.
Commencement
2. This Act commences on the day on which the National
Parks and Reserves Management Act 2002 commences.
THIS BILL IS COGNATE WITH THE NATIONAL PARKS AND RESERVES
MANAGEMENT BILL 2002
[Bill 98] 5
s. 3 No. Nature Conservation 2002
Interpretation
3. (1) In this Act, unless the contrary intention appears
"authorised officer" means
(a) a police officer within the meaning of the
Police Regulation Act 1898; and
(b) a ranger;
"biological diversity" means the variety of
(a) plants, animals and micro-organisms;
and
(b) the genes contained in plants, animals
and micro-organisms; and
(c) the ecosystems of which plants, animals
and micro-organisms form part;
"cat" means a member of the species Felis catus;
"class", in relation to reserved land, means the class
referred to in section 16 that the reserved land
is declared to be under section 11, 12, 13, 14 or
15;
"Commission" means the Resource Planning and
Development Commission established under
section 4 of the Resource Planning and
Development Commission Act 1997;
"conservation area" means
(a) any land declared under this Act to be
reserved land in the class of
conservation area; and
(b) any land taken to have been so declared;
6
2002 Nature Conservation No. s. 3
"conservation purpose" means
(a) any purpose specified in Column 3 of
Schedule 1; or
(b) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of any
reserved land;
"container" includes any wrapping;
"conveyance" means any vehicle, vessel or aircraft,
or any other contrivance intended for the
carriage of persons or goods over land or water
or in the air;
"Crown land" means any land vested in the Crown
(whether or not subject to any private right)
other than land vested in the Crown that is
contracted to be granted in fee simple;
"dingo" means a member of the subspecies Canis
familiaris dingo;
"Director" means the Director of National Parks
and Wildlife appointed under the National
Parks and Reserves Management Act 2002;
"dog" means a member of the species Canis
familiaris;
"domestic stock" means the animals, or the species
of animals, prescribed by the regulations to be
domestic stock;
"ferret" means a member of the species Mustela
putorius;
"fox" means a member of the genus Vulpes;
7
s. 3 No. Nature Conservation 2002
"game" means the forms of wildlife that are
specified as partly protected wildlife in the
wildlife regulations and whose taking is
subject to licensing under those regulations;
"game reserve" means
(a) any land declared under this Act to be
reserved land in the class of game
reserve; and
(b) any land taken to have been so declared;
"geological diversity" means the natural range of
geological, geomorphological and soil features,
assemblages, systems and processes;
"historic site" means
(a) any land declared under this Act to be
reserved land in the class of historic site;
and
(b) any land taken to have been so declared;
"hunting equipment" means any weapon,
implement, apparatus or material which
(a) is capable of being used for the taking of
any wildlife or a product of any wildlife;
or
(b) is incapable of being so used only by
reason of
(i) the absence of, or a defect in, a
part; or
(ii) the presence of an obstruction;
"land" includes
8
2002 Nature Conservation No. s. 3
(a) land covered by the sea or other waters;
and
(b) the part of the sea or those waters
covering that land;
"leased reserve" means an area of land held on
lease under section 15;
"management agreement", in relation to any
private land, means an agreement entered into
under section 25;
"management objectives", in relation to any class
of reserved land, has the same meaning as in
the National Parks and Reserves Management
Act 2002;
"managing authority", when used in relation to
any reserved land, has the same meaning as in
the National Parks and Reserves Management
Act 2002;
"Minister for Crown Lands" means the Minister
for the time being administering the Crown
Lands Act 1976;
"mink" means a member of the species Mustela
vison or Mustela lutreola;
"national park" means
(a) any land declared under this Act to be
reserved land in the class of national
park; and
(b) any land taken to have been so declared;
"nature recreation area" means
9
s. 3 No. Nature Conservation 2002
(a) any land declared under this Act to be
reserved land in the class of nature
recreation area; and
(b) any land taken to have been so declared;
"nature reserve" means
(a) any land declared under this Act to be
reserved land in the class of nature
reserve; and
(b) any land taken to have been so declared;
"Nomenclature Board" means the Nomenclature
Board established by the Survey Co-ordination
Act 1944;
"owner" means
(a) in the case of land vested in the Crown
which is contracted to be granted in fee
simple, the person to whom it is so
contracted; and
(b) in any other case, the person who, under
the Land Acquisition Act 1993 or
otherwise, is entitled to sell, convey or
surrender a freehold estate in that land
to the Crown;
"partly protected wildlife" means the species of
wildlife prescribed by the regulations as partly
protected wildlife;
"plant" means
(a) a form of vegetation; and
(b) an organism belonging to the vegetable
kingdom; and
10
2002 Nature Conservation No. s. 3
(c) a fruit; and
(d) a seed; and
(e) a product of a plant; and
(f) a part of a plant
whether that plant is alive or dead or whether
or not capable of growth;
"prescribed body", in relation to the management
of reserved land, has the same meaning as in
the National Parks and Reserves Management
Act 2002;
"private land" means land other than Crown land
or land vested in a public authority;
"private nature reserve" means
(a) any land declared under this Act to be
reserved land in the class of private
nature reserve; and
(b) any land taken to have been so declared;
"private right", in relation to Crown land, means
any estate, interest or right (not being an
interest arising under a contract for the grant
of an estate in fee simple) pursuant to which
its holder has one or more of the following
rights:
(a) the right to occupy or use that land;
(b) the right to carry out any operations on
that land;
(c) the right to take any products of, or
materials in or on, that land, including
11
s. 3 No. Nature Conservation 2002
materials beneath the surface of that
land;
"private sanctuary" means
(a) any land declared under this Act to be
reserved land in the class of private
sanctuary; and
(b) any land taken to have been so declared;
"products", in relation to wildlife, has the meaning
given by subsection (2);
"protected plant" means a plant prescribed as a
protected plant under section 27;
"public authority" means
(a) a council within the meaning of the
Local Government Act 1993; and
(b) another body corporate established by
an enactment having jurisdiction limited
to a district, locality or part of the State;
and
(c) a statutory authority;
"public reserve" has the same meaning as in the
Crown Lands Act 1976;
"purposes of reservation" in relation
(a) to any reserved land, means the
purposes for which that land was
reserved; or
(b) to any class of reserved land, means the
purposes of reservation specified in
Schedule 1 in relation to that class;
12
2002 Nature Conservation No. s. 3
"ranger" means a person appointed as a ranger, or
authorised to perform the functions and
exercise the powers of a ranger, under
section 8;
"Recorder" means the Recorder of Titles;
"regional reserve" means
(a) any land declared under this Act to be
reserved land in the class of regional
reserve; and
(b) any land taken to have been so declared;
"regulations" means regulations made and in force
under section 76;
"reserved" means set aside or acquired for a
conservation purpose;
"reserved land" means
(a) any land declared under this Act to be
reserved land; and
(b) any land taken to have been so declared;
"resource management and planning system
objectives" means the objectives of the
resource management and planning system of
Tasmania as set out in Schedule 2;
"statutory authority" means an incorporated or
unincorporated body which is established,
constituted or continued by or under an Act or
under the royal prerogative, being a body
which, or of which the governing authority,
wholly or partly comprises a person or persons
appointed by the Governor, a Minister of the
Crown or another statutory authority;
13
s. 3 No. Nature Conservation 2002
"Secretary" means the Secretary of the
Department;
"special advisory committee" means a special
advisory committee established under
section 9;
"State reserve" means
(a) any land declared under this Act to be
reserved land in the class of State
reserve; and
(b) any land taken to have been so declared;
"statutory power" means
(a) a power under an enactment, other than
this Act, for
(i) the reservation or dedication of
Crown land for any purpose; or
(ii) the alienation of, or the grant of
private rights in or over, any such
land; or
(iii) the carrying out of any works or
other operations on any such land;
and
(b) a power that, under an enactment other
than this Act, may be exercised by a
public authority in relation to land
vested in it;
"trust land" means Crown land subject to a trust
under section 23;
"wildlife" means any living creature other than
(a) a dog or cat; and
14
2002 Nature Conservation No. s. 3
(b) domestic stock; and
(c) fish, within the meaning of the Living
Marine Resources Management Act 1995;
and
(d) an animal that
(i) is being farmed under and in
accordance with the Animal
Farming (Registration) Act 1994;
or
(ii) has been so farmed and is legally
in the possession of any person;
"wildlife regulations" means regulations made for
the purposes of Part 4 in respect of the matters
referred to in sections 26, 27 and 28;
"wolf" means a member of the genus Canis, other
than Canis familiaris.
(2) A reference in this Act to the products of any
form of wildlife includes a reference to
(a) the dead bodies, and parts of the dead bodies,
of that form of wildlife; and
(b) any material or thing obtained from the bodies
or dead bodies of that form of wildlife; and
(c) any eggs of that form of wildlife; and
(d) any nests of that form of wildlife.
(3) For the purposes of this Act, a form of wildlife
may be described by reference to any one or more of the
following matters:
(a) the species, type or other classification by
which it may be described or identified;
15
s. 3 No. Nature Conservation 2002
(b) its sex, age or condition;
(c) any of its attributes or characteristics.
(4) For the purposes of this Act, a plant may be
described by reference to any one or more of the following
matters:
(a) the species, type or other classification by
which it may be described or identified;
(b) any of its attributes or characteristics.
(5) A reference in this Act to the taking of any
wildlife or to the taking of a form of wildlife that is game
includes a reference to the killing, destroying, hunting,
pursuing, catching, shooting, netting, snaring or injuring
that wildlife or that form of wildlife.
(6) A reference in this Act to the taking of a product
of any wildlife includes a reference to the carrying out of
any operation
(a) for the purpose of obtaining that product; or
(b) that has the effect of destroying or damaging
that product.
(7) A reference in this Act to the taking of any plant
includes a reference
(a) to the destroying or damaging of that plant;
and
(b) to the taking, destroying or damaging of any
fruit, seeds, product or part of the plant.
(8) A reference in this Act to the taking of any thing
includes a reference to attempting to take, or assisting in
the taking of, that thing.
16
2002 Nature Conservation No. s. 3
(9) A reference in this Act to selling includes a
reference to any disposal by way of trade.
(10) A reference in this Act to buying includes a
reference
(a) to receiving or accepting under a contract to
sell; and
(b) to offering to receive or accept under a contract
to sell; and
(c) to causing or suffering to be received or
accepted under a contract to sell.
(11) For the purposes of this Act, a person is taken
to have a thing in his or her possession
(a) if it is in his or her possession, or under his or
her control, in any place or conveyance,
whether for the use or benefit of the person or
another person; or
(b) if it is
(i) in or on any place or conveyance
occupied, controlled or used by him or
her; or
(ii) used or controlled by him or her in or on
any place or conveyance
even though another person has the actual
possession or custody of the thing, unless the
person proves that he or she had no knowledge
of that thing.
(12) Unless the contrary intention appears, a
reference in this Act to a thing includes a reference to a
living thing.
17
s. 4 No. Nature Conservation 2002
Act binds Crown
4. (1) This Act binds the Crown in right of Tasmania and,
so far as the legislative power of Parliament permits, in all
its other capacities.
(2) Nothing in this Act renders the Crown in right of
Tasmania liable to be prosecuted for an offence against
this Act.
Compliance with resource management and
planning system objectives
5. In exercising any powers or performing any functions
under this Act, a person is to have regard to the resource
management and planning system objectives.
18
2002 Nature Conservation No. s. 6
PART 2 ADMINISTRATION
Functions of the Secretary
6. (1) Subject to this Act, the Secretary has the following
functions:
(a) keeping the setting aside of land for
conservation purposes under review;
(b) promoting conservation purposes in relation to
the use or development of land generally;
(c) carrying out, or arranging for the carrying out
of, research and other activities that appear to
the Secretary to be desirable in connection
with the administration of this Act or the
conservation of the fauna, flora or geological
diversity of the State;
(d) carrying out, or promoting the carrying out of,
educational activities, and providing and
disseminating information, related to the
conservation of the fauna, flora or geological
diversity of the State or other matters arising
in connection with the administration of this
Act;
(e) giving advice and assistance to managing
authorities for reserved lands;
(f) contributing to the preparation of
management plans for reserved lands under
the National Parks and Reserves Management
Act 2002;
(g) providing effective means for the enforcement
of the regulations;
19
s. 7 No. Nature Conservation 2002
(h) negotiating conservation covenants and
carrying out functions, as agreed by the
Secretary, in relation to land which is, or
becomes, the subject of a conservation
covenant.
(2) The Minister may give directions to the
Secretary with respect to the carrying out of his or her
functions under this Act and, in carrying out those
functions, the Secretary is to comply with any such
directions.
(3) The Minister must not give a direction under
subsection (2) with respect to the making by the Secretary
of any recommendation required under any provision of
this Act.
Arrangements in respect of National Parks and
Reserves Management Act 2002
7. (1) The Secretary may enter into arrangements with
the Director for the purpose of furthering the objectives of
the National Parks and Reserves Management Act 2002.
(2) An arrangement may be made with respect to
one or more of the following matters:
(a) the provision of staff and other resources;
(b) any other matter.
Rangers
8. (1) The Secretary may appoint a State Service officer or
State Service employee employed in the Department to be
a ranger and that officer or employee may hold that office
in conjunction with State Service employment.
20
2002 Nature Conservation No. s. 9
(2) The Secretary, with the consent of another Head
of a State Service Agency, may appoint a State Service
officer or State Service employee employed in that Agency
to be a ranger and that officer or employee may hold that
office in conjunction with State Service employment.
(3) The Secretary may authorise a person who is not
a State Service officer or State Service employee to
perform the functions and exercise the powers of a ranger.
(4) An appointment as a ranger under subsection (1)
or (2), or an authorisation under subsection (3), may be
limited to the land, or the part of the State, specified in the
appointment or authorisation.
(5) A ranger appointed under subsection (1) or (2), or
authorised under subsection (3), in respect of particular
land or a particular part of the State is not to perform the
functions or exercise the powers of a ranger under this Act
in respect of any other land or part of the State.
Special advisory committees
9. (1) The Minister, by order, may establish special
advisory committees for the purpose of
(a) advising the Minister on such matters in
relation to the administration of this Act as
are specified in the order; or
(b) advising the Secretary on such matters arising
in relation to the performance of his or her
functions under this Act as are specified in the
order.
(2) An order
21
s. 9 No. Nature Conservation 2002
(a) may specify the number of members of the
special advisory committee to which it relates;
and
(b) subject to this section, may contain
provisions
(i) regulating the appointment of members
of the committee; and
(ii) regulating the proceedings of that
committee; and
(iii) giving the Secretary, or a person
nominated by the Secretary, the right to
attend meetings of that committee.
(3) The members of a special advisory committee are
appointed by the Minister and the Minister may appoint a
member of the committee as its chairperson.
(4) At a meeting of a special advisory committee, the
chairperson or, if the chairperson is absent or there is no
chairperson, another member present and chosen by the
members present is to preside.
(5) The chairperson or other member presiding at a
meeting of a special advisory committee has a deliberative
vote only and, in the event of an equality of votes on any
matter before a meeting of the committee, the matter
stands adjourned to the next meeting of the committee.
(6) At any meeting of a special advisory committee, a
quorum is constituted if at least half the total number of
members of the committee is present.
(7) Subject to this Act, the Minister may make
arrangements to make available to a special advisory
committee such accommodation and assistance as it may
require.
22
2002 Nature Conservation No. s. 9
(8) The members of a special advisory committee are
to be paid such travelling and other allowances as the
Governor determines.
23
s. 10 No. Nature Conservation 2002
PART 3 RESERVATION AND ACQUISITION OF
LAND
Secretary to consult with Director
10. Before making a recommendation to the Minister in
relation to the acquisition or lease of land for a
conservation purpose, or for the declaration, naming or
revocation of any reserved land, the Secretary is to consult
with the Director.
Declaration of Crown land as reserved land
11. (1) In this section, "Crown land" does not include
Crown land that is also
(a) State forest within the meaning of the Forestry
Act 1920; or
(b) a public reserve.
(2) If the Governor is of the opinion that any Crown
land should be set aside for a conservation purpose, the
Governor, by proclamation, may
(a) declare that land to be reserved land in one of
the following classes:
(i) national park;
(ii) State reserve;
(iii) nature reserve;
(iv) game reserve;
(v) conservation area;
(vi) nature recreation area;
24
2002 Nature Conservation No. s. 12
(vii) regional reserve;
(viii) historic site; and
(b) give a name to that reserved land.
(3) Any name given to reserved land under
subsection (2) is to
(a) include the name of the class of that reserved
land; and
(b) be given on the recommendation of the
Minister after consultation with the
Nomenclature Board.
(4) A proclamation under subsection (2) may only be
made declaring land to be reserved land in a class if the
land satisfies the criteria relating to that class set out in
section 16.
(5) Subject to any proclamation made under
section 21, any area of reserved land in a class referred to
in subsection (2)(a) remains reserved land of that class
despite any subsequent disposition of the land or any other
dealing in that land.
Declaration of private land as reserved land
12. (1) If the Governor is of the opinion that any private
land should be set aside for a conservation purpose, the
Governor, by proclamation, may
(a) declare that land to be reserved land in the
one of the following classes:
(i) private sanctuary;
(ii) private nature reserve; and
25
s. 13 No. Nature Conservation 2002
(b) give a name to that reserved land.
(2) Any name given to reserved land under
subsection (1) is to
(a) include the name of the class of that reserved
land; and
(b) be given on the recommendation of the
Minister after consultation with the
Nomenclature Board.
(3) A proclamation under subsection (1) may only be
made declaring land to be reserved land in a class if the
land satisfies the criteria relating to that class set out in
section 16.
(4) A proclamation may only be made under
subsection (1) if the owner of the land has consented.
(5) Subject to any proclamation made under
section 21, any area of reserved land in the class of private
sanctuary or private nature reserve remains reserved land
of that class despite any subsequent disposition of the land
or any other dealing in the land.
(6) A proclamation made under subsection (1) does
not have effect until it is registered in accordance with
section 22.
Declaration of land vested in public authority as
reserved land
13. (1) In this section, "land vested in a public
authority" does not include Crown land that is also
(a) State forest within the meaning of the Forestry
Act 1920; or
(b) a public reserve.
26
2002 Nature Conservation No. s. 14
(2) If the Governor is of the opinion that any land
vested in a public authority should be set aside for a
conservation purpose, the Governor, by proclamation,
may
(a) declare that land to be reserved land in the
class of conservation area; and
(b) give a name to that reserved land.
(3) Any name given to reserved land under
subsection (2) is to
(a) include the name of the class of that reserved
land; and
(b) be given on the recommendation of the
Minister after consultation with the
Nomenclature Board.
(4) A proclamation under subsection (2) may only be
made declaring land to be reserved land in the class of
conservation area if the land satisfies the criteria relating
to that class set out in section 16(5).
(5) A proclamation may only be made under
subsection (1) if the public authority in which the land is
vested consents.
(6) Subject to any proclamation made under
section 21, any area of reserved land that is vested in a
public authority remains reserved land in the class of
conservation area despite any subsequent disposition of
the land or any other dealing in that land.
Land acquired by Governor as reserved land
14. (1) The Governor may acquire any area of land that,
in the opinion of the Governor, should be acquired for a
conservation purpose.
27
s. 15 No. Nature Conservation 2002
(2) From the day on which an area of land acquired
under subsection (1) is registered in the name of the
Crown, the land
(a) is taken to have been set aside for a
conservation purpose; and
(b) is declared to be reserved land in the class of
conservation area.
Lease of reserved land
15. (1) If the Minister, on the recommendation of the
Secretary, is satisfied that any land should be set aside for
a conservation purpose for a specified period, the Minister
may, in the name and on behalf of the Crown, take a lease
of that land for the term, and on the covenants and
conditions, approved by the Minister.
(2) For the term of the lease of an area of land under
subsection (1), that land
(a) is taken to have been set aside for a
conservation purpose; and
(b) is declared to be reserved land in
(i) the class of national park if the land
satisfies the criteria relating to that
class set out in section 16(1); or
(ii) the class of State reserve if the land
satisfies the criteria relating to that
class set out in section 16(2); or
(iii) the class of nature reserve if the land
satisfies the criteria relating to that
class set out in section 16(3); or
28
2002 Nature Conservation No. s. 16
(iv) the class of game reserve if the land
satisfies the criteria relating to that
class set out in section 16(4); or
(v) the class of historic site if the land
satisfies the criteria relating to that
class set out in section 16(8).
Classes of reserved land
16. (1) Land may be declared to be reserved land in the
class of national park if
(a) the land
(i) possesses the values specified in Column
2 for item 1 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of national park possessing those
values; and
(b) the land was reserved for
(i) the purpose specified in Column 3 for
item 1 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(2) Land may be declared to be reserved land in the
class of State reserve if
(a) the land
(i) possesses the values specified in Column
2 for item 2 of Schedule 1; or
29
s. 16 No. Nature Conservation 2002
(ii) adjoins an area of reserved land in the
class of State reserve possessing those
values; and
(b) the land was reserved for
(i) any one or more of the purposes
specified in Column 3 for item 2 of that
Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(3) Land may be declared to be reserved land in the
class of nature reserve if
(a) the land
(i) possesses the values specified in
Column 2 for item 3 ofSchedule 1; or
(ii) adjoins an area of reserved land in the
class of nature reserve possessing those
values; and
(b) the land was reserved for
(i) the purposes specified in Column 3 for
item 3 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(4) Land may be declared to be reserved land in the
class of game reserve if
30
2002 Nature Conservation No. s. 16
(a) the land
(i) possesses the values specified in Column
2 for item 4 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of game reserve possessing those
values; and
(b) the land was reserved for
(i) the purposes specified in Column 3 for
item 4 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(5) Land may be declared to be reserved land in the
class of conservation area if
(a) the land
(i) possesses the values specified in Column
2 for item 5 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of conservation area possessing
those values; and
(b) the land was reserved for
(i) the purposes specified in Column 3 for
item 5 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
31
s. 16 No. Nature Conservation 2002
(6) Land may be declared to be reserved land in the
class of nature recreation area if
(a) the land
(i) possesses the values specified in Column
2 for item 6 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of nature recreation area
possessing those values; and
(b) the land was reserved for
(i) the purpose specified in Column 3 for
item 6 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(7) Land may be declared to be reserved land in the
class of regional reserve if
(a) the land
(i) possesses the values specified in Column
2 for item 7 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of regional reserve possessing those
values; and
(b) the land was reserved for
(i) the purposes specified in Column 3 for
item 7 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
32
2002 Nature Conservation No. s. 16
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(8) Land may be declared to be reserved land in the
class of historic site if
(a) the land
(i) possesses the values specified in Column
2 for item 8 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of historic site possessing those
values; and
(b) the land was reserved for
(i) the purposes specified in Column 3 for
item 8 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(9) Land may be declared to be reserved land in the
class of private sanctuary if
(a) the land
(i) possesses the values specified in Column
2 for item 9 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of private sanctuary possessing
those values; and
(b) the land was reserved for
33
s. 17 No. Nature Conservation 2002
(i) the purpose specified in Column 3 for
item 9 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (a)(ii).
(10) Land may be declared to be reserved land in the
class of private nature reserve if
(a) the owner of the land has given up any right to
require that the reservation of that land be
revoked; and
(b) the land
(i) possesses the values specified in Column
2 for item 10 of Schedule 1; or
(ii) adjoins an area of reserved land in the
class of private nature reserve
possessing those values; and
(c) the land was reserved for
(i) the purposes specified in Column 3 for
item 10 of that Schedule; or
(ii) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of
that land or the adjoining reserved land
referred to in paragraph (b)(ii).
Alteration of class of reserved land
17. (1) The Governor, by proclamation, may
34
2002 Nature Conservation No. s. 18
(a) declare any reserved land, or part of any
reserved land, that has been declared to be in
one of the classes referred to in section 11(2) to
be reserved land in another of the classes
specified in that section; and
(b) give a name to that reserved land.
(2) Any name given to any reserved land under
subsection (1) is to
(a) include the name of the class of that reserved
land, as specified in section 11(2); and
(b) be given on the recommendation of the
Minister after consultation with the
Nomenclature Board.
(3) A proclamation under subsection (1) may only be
made declaring land to be reserved land in another class if
the land satisfies the criteria relating to that other class as
set out in section 16.
Parliamentary approval required for certain draft
proclamations
18. (1) A proclamation is not to be made under
section 11(2) or section 17(1) declaring land to be reserved
land in the class of national park, State reserve, nature
reserve or historic site unless a draft of the proclamation
has been first approved by each House of Parliament.
(2) A proclamation is not to be made under
section 17(1) declaring any reserved land, or part of any
reserved land, in the class of national park, State reserve,
nature reserve, game reserve or historic site to be in any
other class unless a draft of the proclamation has been
first approved by each House of Parliament.
35
s. 19 No. Nature Conservation 2002
(3) For the purposes of subsection (1), a House of
Parliament is to be taken to have approved a draft of a
proclamation if a copy of it has been laid on the table of the
House and
(a) it is approved by the House; or
(b) at the expiration of 5 sitting days after it was
laid on the table of the House, no notice has
been given of a motion to disallow it or, if such
notice has been given, the notice has been
withdrawn or the motion has been negatived;
or
(c) if any notice of a motion to disallow it is given
during that period of 5 sitting days, the notice
is, after the expiration of that period,
withdrawn or the motion is negatived.
Naming of reserved land
19. (1) The Governor, by proclamation, may give a name
to any reserved land
(a) that has not been given a name under this Act;
or
(b) whose name does not include the name of a
class of reserved land specified in section 11(2)
or section 12(1).
(2) The Governor, by proclamation, may give
another name to any reserved land, or part of any reserved
land, that has been given a name under this Act.
(3) Any name given to any reserved land under
subsection (1) or (2) is to
36
2002 Nature Conservation No. s. 20
(a) include the name of the class of that reserved
land as specified in section 11(2) or
section 12(1); and
(b) be given on the recommendation of the
Minister after consultation with the
Nomenclature Board.
(4) A proclamation is not to be made under
subsection (1) or (2) if that proclamation would have the
effect of altering the class of any reserved land.
(5) A proclamation made under subsection (1) or (2)
in relation to reserved land in the class of private
sanctuary or private nature reserve does not have effect
until it is registered in accordance with section 22.
Prohibition of certain names except in reference to
reserved land
20. A person must not use, or cause or permit to be used,
alone or in combination with other words, the name of any
class of reserved land specified in section 11(2) or
section 12(1) in reference to any land
(a) that is not reserved land; or
(b) that is not reserved land of that class.
Penalty: Fine not exceeding 20 penalty units.
Revocation of reservations
21. (1) Subject to this section, the Governor by
proclamation may declare that any area of land ceases to
be, or to form part of, reserved land.
37
s. 21 No. Nature Conservation 2002
(2) If an area of land is declared under subsection (1)
to cease to be, or to form part of, reserved land, that area
of land ceases to be, or to form part of, reserved land
(a) in the case of reserved land in the class of
private sanctuary or private nature reserve, on
the day the proclamation is registered under
section 22; or
(b) in any other case
(i) on the day specified in the proclamation;
or
(ii) if a day is not specified in the
proclamation, on the day the
proclamation is notified in the Gazette.
(3) A proclamation may not be made under
subsection (1) in respect of a leased reserve.
(4) Subject to subsection (5), a proclamation may not
be made under subsection (1) unless a draft of the
proclamation has been first approved by each House of
Parliament.
(5) Subsection (4) does not apply to a proclamation
relating to reserved land in the class of private sanctuary.
(6) A proclamation may not be made under this
section in relation to reserved land in the class of private
nature reserve for which money has been paid under
section 25 for the purpose of securing that reserve unless
the Minister tables with the draft proclamation a
certificate to the effect that
(a) the owner has refunded
(i) any money paid for the purpose of
securing that reserve; or
38
2002 Nature Conservation No. s. 21
(ii) an appropriate proportion of that money;
or
(b) the owner has refunded
(i) any money paid for the purpose of
ensuring that the management
objectives for the class of private nature
reserve are met; or
(ii) an appropriate proportion of that money;
or
(c) the owner has refunded
(i) any money paid for the purpose of
ensuring that the provisions of any
management plan for that private
nature reserve are complied with; or
(ii) an appropriate proportion of that money;
or
(d) special circumstances exist, as specified in the
certificate, that obviate the need for the refund
of any money.
(7) For the purposes of this section, a House of
Parliament is to be taken to have approved a draft of a
proclamation that relates to reserved land in the class of
conservation area, nature recreation area or regional
reserve if a copy of it has been laid on the table of the
House and
(a) it is approved by the House; or
(b) at the expiration of 5 sitting days after it was
laid on the table of the House, no notice has
been given of a motion to disallow it or, if such
notice has been given, the notice has been
39
s. 22 No. Nature Conservation 2002
withdrawn or the motion has been negatived;
or
(c) if any notice of a motion to disallow it is given
during that period of 5 sitting days, the notice
is, after the expiration of that period,
withdrawn or the motion is negatived.
Registration of proclamation relating to private
sanctuary or private nature reserve
22. (1) If a proclamation is made under section 12
declaring any land to be in the class of private sanctuary
or private nature reserve, the Minister, as soon as
practicable, is to cause the proclamation to be registered in
respect of that land.
(2) If a proclamation is made under section 19
relating to any reserved land in the class of private
sanctuary or private nature reserve, the Minister, as soon
as practicable, is to cause the proclamation to be registered
in respect of the land to which it relates.
(3) If a proclamation is made under section 21(1) by
which the whole or any part of reserved land in the class of
private sanctuary or private nature reserve ceases to be, or
form part of, reserved land, the Minister, as soon as
practicable, is to cause the proclamation to be registered in
respect of the land to which it relates.
(4) The provisions of Schedule 3 have effect in
relation to the registration of proclamations referred to in
this section.
(5) Nothing in section 40 of the Land Titles Act 1980
is to be construed as affecting the validity of, or as
prejudicing or affecting the operation of, any proclamation
referred to in this section.
40
2002 Nature Conservation No. s. 23
Lands subject to trusts
23. (1) Land that may be acquired under section 14 may
be so acquired subject to a trust for its use for a
conservation purpose.
(2) For the purposes of subsection (1), if land is held
by trustees on trust for its use for a conservation purpose
those trustees may, unless the instrument under which
the land is held otherwise provides, surrender that land
subject to its continuing to be held on that trust.
Supplementary provisions as to acquisition of land,
&c.
24. (1) Land that may be acquired under section 14 may
be acquired under and in accordance with the Land
Acquisition Act 1993, or by any means by which land may
be surrendered to, or may revert to and revest in, the
Crown.
(2) If any land that may be acquired under
section 14 is held under a single title with other land, the
Governor may acquire the whole or any part of that other
land.
(3) If the Governor is authorised under this Act to
acquire any land, that land may be acquired by the
exchange for it of any Crown land, other than reserved
land.
(4) An exchange of land under this section may be
made on the terms and conditions agreed, including terms
and conditions with respect to the payment, giving or
receipt of any sums or other consideration by way of
equality of exchange.
41
s. 25 No. Nature Conservation 2002
(5) For the purpose of effecting an exchange of land
under this section, the Governor may grant any Crown
land for an estate in fee simple.
(6) If any land has been acquired under this Part but
does not by that acquisition become reserved land, that
land, without prejudice to the exercise of any other powers
of this Act, may be disposed of or dealt with in accordance
with the Crown Lands Act 1976, or otherwise, as if it were
Crown land within the meaning of that Act.
Management agreement for private land
25. (1) The Minister may enter into any agreement
relating to the use and management of any private land if
to do so would, in the opinion of the Minister, tend to
promote
(a) conservation purposes in relation to that land;
or
(b) the purposes for which a private nature
reserve or private sanctuary has been set aside
under this Act.
(2) An agreement entered into under this section in
respect of a private nature reserve or private sanctuary
may involve the payment of money (whether by way of
grant, loan or otherwise) by the Minister to the owner for
the purpose of ensuring that
(a) the provisions of any management plan for
that reserved land are complied with; and
(b) if there is not a management plan for that
reserved land, the management objectives for
that class of reserved land are met.
42
2002 Nature Conservation No. s. 25
(3) Money is to be paid under this section on the
terms and conditions the Minister, on the recommendation
of the Secretary, agrees to.
(4) Any terms and conditions referred to in
subsection (3) may give the Secretary rights in respect of a
private nature reserve or private sanctuary.
(5) An agreement under this section may include
provision for a conservation covenant under Part 5.
43
s. 26 No. Nature Conservation 2002
PART 4 CONSERVATION OF FAUNA AND FLORA
Wildlife regulations as to fauna
26. (1) Without limiting the matters in respect of which
the regulations may be made, the regulations, in relation
to wildlife or any form of wildlife, may make provision for
the prohibition or control of
(a) the taking of wildlife or any products of
wildlife; and
(b) the use or having in possession of any hunting
equipment intended to be, or capable of being,
used for the purpose of taking wildlife or any
products of wildlife; and
(c) the use of any living thing for the purpose of
taking wildlife or any products of wildlife; and
(d) the keeping or having in possession of wildlife
or any products of wildlife; and
(e) the buying or selling of, or other dealings in,
wildlife or any products of wildlife; and
(f) the exportation or disposal of wildlife or the
products of wildlife.
(2) The wildlife regulations
(a) may require the payment of royalties in
respect of the taking of any form of wildlife;
and
(b) may make provision for the collection of those
royalties.
(3) The wildlife regulations may contain
44
2002 Nature Conservation No. s. 27
(a) provisions for the preservation of good order
among persons engaged in taking wildlife or
any form of wildlife; and
(b) for the purposes of protecting any crops or
property, provisions
(i) for authorising or regulating the taking
of any form of wildlife; and
(ii) regulating the disposal of the carcass, or
any part of the carcass, of any wildlife so
taken and the application of the
proceeds of that disposal; and
(c) for the purposes of protecting fish farming and
other fishing activity, provisions prohibiting or
controlling the use of devices designed to deter
seals from interfering with fish farming and
other fishing activities.
Wildlife regulations as to flora
27. (1) Without limiting the matters in respect of which
the regulations may be made, the regulations may
prescribe the plants that are to be protected plants for the
purposes of this Act.
(2) The wildlife regulations may prohibit or control
(a) the taking or having in possession of a
protected plant; and
(b) the buying or selling of, or other dealings in, a
protected plant; and
(c) the exportation or disposal of any protected
plant.
45
s. 28 No. Nature Conservation 2002
Supplementary provisions as to wildlife regulations
28. (1) The wildlife regulations may make differing
provisions with respect to different places or parts of the
State and with respect to different times, places and
circumstances.
(2) The wildlife regulations may prohibit the doing
of any act
(a) during periods, or otherwise than during
periods, specified in the wildlife regulations;
and
(b) in places or parts of the State, or otherwise
than in places or parts of the State, specified
in the wildlife regulations.
(3) The wildlife regulations may confer powers or
discretions on the Secretary, rangers, persons employed in
the Department and other persons.
(4) The power to make provision in the wildlife
regulations for the prohibition or control of the doing of
any act includes power to make provision for the
prohibition of the doing of that act otherwise than under
the authority of a licence or permit.
(5) For the purposes of subsection (4), the wildlife
regulations may provide for
(a) the terms of a licence or permit referred to in
that subsection; and
(b) the authority granted by that licence or
permit; and
(c) the issue, duration, renewal, suspension,
cancellation or surrender of that licence or
permit; and
46
2002 Nature Conservation No. s. 28
(d) the circumstances in which, or the conditions
under which, that licence or permit may, or
may not, be issued or renewed, or refused to be
issued or renewed, or suspended, cancelled or
surrendered.
(6) The wildlife regulations, in relation to any
matter that may be made the subject of prohibition or
control under the regulations, may provide for
(a) the production, inspection, marking or
identification of any wildlife, products of
wildlife or protected plant; and
(b) the giving of notifications and other
information to the Secretary, rangers, persons
employed in the Department and other
persons; and
(c) the keeping and production of records.
(7) The wildlife regulations
(a) may require the payment of fees or charges in
respect of
(i) the issue or renewal of licences or
permits issued under the regulations;
and
(ii) applications for the issue or renewal of
those licences or permits; and
(iii) any inspection, marking or identification
carried out under the regulations; and
(b) may provide for the collection of any such fees
or charges.
(8) The wildlife regulations may impose penalties for
contraventions of any provision of the wildlife regulations
and
47
s. 29 No. Nature Conservation 2002
(a) different penalties may be imposed for
successive contraventions of those provisions
or any of them; and
(b) a daily penalty, not exceeding 1 penalty unit,
may be imposed in respect of each day for
which the contravention continues; and
(c) additional penalties, in addition to any penalty
otherwise prescribed, not exceeding 5 penalty
units, may be imposed in respect of
(i) each individual creature, the products of
each individual creature or each plant;
or
(ii) each piece of hunting equipment
with respect to which the contravention was
committed.
(9) Any penalty imposed pursuant to this section in
respect of any individual contravention, and the aggregate
of all the penalties so imposed, may not exceed 100 penalty
units.
(10) A reference in this section to the doing of an act
includes a reference to the keeping of any thing, the
having of any thing in possession and the engaging in any
activity or course of conduct.
(11) Nothing in the wildlife regulations prejudices or
affects the exercise of any authority given by a permit
granted under section 29.
Special permits to take wildlife
29. (1) In this section, "specified" means specified in a
permit granted under subsection (2).
48
2002 Nature Conservation No. s. 29
(2) The Secretary may grant a permit authorising,
subject to compliance with any specified conditions and
restrictions, one or more of the following:
(a) the taking on specified lands of specified
wildlife, specified products of specified wildlife
or specified protected plants;
(b) the keeping or having in possession by a
person of specified wildlife, specified products
of specified wildlife or specified protected
plants.
(3) A permit may not be granted under this section
in respect of any reserved land for which a management
plan is in force if to do so would be, or would authorise an
activity that is, contrary to the management plan.
(4) A permit may not be granted under this section
(a) in respect of any reserved land vested in a
public authority or any private land, except on
the application of, or with the consent of, the
public authority in whom the land is vested or
the owner of that land; and
(b) in respect of any reserved land of which a
prescribed body is the managing authority,
except on the application of, or with the
consent of, that body; and
(c) in respect of any reserved land of which a
Conservation Management Trust within the
meaning of the National Parks and Reserves
Management Act 2002 is the managing
authority, except on the application of, or with
the consent of, that Conservation Management
Trust; and
49
s. 30 No. Nature Conservation 2002
(d) in respect of any other reserved land, except
on the application of, or with or conditional
upon the consent of, the managing authority.
(5) A permit granted under subsection (2)(a) is to
specify the period (being a period not exceeding 12 months
in length) for which it remains in force and, at the end of
that period, the permit ceases to be of further effect.
(6) A permit granted under subsection (2)(b) may
specify the period for which it remains in force and
(a) if the permit does specify such a period, it
ceases to be of further effect at the end of that
period; and
(b) if the permit does not specify such a period, it
continues to have effect until revoked.
(7) At any time, the Secretary may revoke a permit
granted under this section but, if the managing authority
was required to be consulted regarding the grant of the
permit, it may not be revoked without that managing
authority being advised of the intention to revoke it.
(8) The wildlife regulations may make provision for
the payment of fees on the making of an application for, or
the grant of, a permit under this section.
Open seasons for partly protected wildlife
30. (1) The Minister, by order, may determine the
seasons, dates and places on or at which the taking of any
form of partly protected wildlife may
(a) start and stop; or
(b) be prohibited; or
(c) be permitted.
50
2002 Nature Conservation No. s. 31
(2) The order may impose conditions and have
differential application.
(3) A person must not contravene an order.
Penalty: Fine not exceeding 50 penalty units.
Saving for rights of landowners, &c.
31. The issue of a licence or the granting of a permit
under this Part or the wildlife regulations does not render
lawful the entering on any land that would have been
unlawful if that licence had not been issued or that permit
had not been granted.
Prohibition on introduction, &c., of certain animals
32. (1) In this section
"controlled animal" means
(a) a mammal, bird, amphibian and reptile;
and
(b) any other animal prescribed by the
regulations to be a controlled animal
but does not include any restricted animal,
dog, cat or domestic stock;
"restricted animal" means
(a) a fox, wolf, dingo and mink; and
(b) any other animal prescribed by the
regulations to be a restricted animal;
and
51
s. 32 No. Nature Conservation 2002
(c) a hybrid of an animal referred to in
paragraph (a) or (b).
(2) A person must not bring into the State, or cause
or allow to be brought into the State, a restricted animal or
a controlled animal unless the importation is in accordance
with
(a) the prior written permission of the Secretary;
and
(b) an authority under Part 4 of the Animal
Health Act 1995.
Penalty: In the case of
(a) a restricted animal, a fine of not less
than 200 penalty units and not more
than 500 penalty units or
imprisonment for a term not less than
2 years and not more than 5 years, or
both, for each animal in respect of
which the offence was committed; or
(b) a controlled animal, a fine not
exceeding 10 penalty units in respect
of each animal in respect of which the
offence was committed.
(3) A person must not, except in accordance with the
prior written permission of the Secretary
(a) be in possession of a restricted animal; or
(b) cause or allow a restricted animal, a ferret or a
controlled animal to go at large in the State.
Penalty: In the case of
(a) a restricted animal or ferret, a fine of
not less than 200 penalty units and not
more than 500 penalty units or
52
2002 Nature Conservation No. s. 32
imprisonment for a term not less than
2 years and not more than 5 years, or
both, for each animal in respect of
which the offence was committed; or
(b) a controlled animal, a fine not
exceeding 10 penalty units in respect
of each animal in respect of which the
offence was committed.
(4) A person must not be in possession of a
controlled animal that has been brought into the State in
contravention of subsection (2).
Penalty: Fine not exceeding 10 penalty units in
respect of each animal in respect of which
the offence was committed.
(5) The Secretary may
(a) grant permission under subsection (2) or (3)
subject to any conditions he or she thinks fit;
or
(b) refuse to grant the permission.
(6) The Secretary may only grant permission under
subsection (2) or (3) in respect of a restricted animal if the
importation, possession or going at large of the restricted
animal is required as part of a program to manage feral
populations of animals of the same species as that
restricted animal.
(7) A person who fails to comply with a condition to
which a permission is subject is guilty of an offence.
Penalty: In the case of
(a) a restricted animal or ferret, a fine of
not less than 200 penalty units and not
more than 500 penalty units or
53
s. 32 No. Nature Conservation 2002
imprisonment for a term not less than
2 years and not more than 5 years, or
both, for each animal in respect of
which the offence was committed; or
(b) a controlled animal, a fine not
exceeding 10 penalty units in respect
of each animal in respect of which the
offence was committed.
(8) If a person is in possession of a restricted animal
or a controlled animal, that animal is presumed, until the
contrary is proved, to have been brought into the State
without the prior written permission of the Secretary.
(9) If the Secretary, or a person authorised by the
Secretary, finds or reasonably suspects that a restricted
animal or a controlled animal has been brought into the
State by, or is in the possession of, a person contrary to the
provisions of this section, the Secretary or authorised
person may seize it, destroy it, dispose of it or cause it to
be destroyed or disposed of.
(10) Without limiting the ways in which an animal
may be disposed of under subsection (9), the animal may
be disposed of by giving it, together with a permission
under subsection (3) in the case of a restricted animal, to
an educational or research institution.
(11) Despite subsection (4), if a controlled animal is
disposed of under subsection (9) by giving it to an
educational or research institution, the institution may
possess that animal subject to any conditions determined
by the Director.
(12) The Secretary may charge any person with any
costs incurred in respect of any seizure, destruction or
disposal of an animal carried out under subsection (9).
(13) A person must not, without the prior written
permission of the Secretary or a person authorised by the
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2002 Nature Conservation No. s. 32
Secretary, remove or take away an animal seized under
subsection (9).
Penalty: In the case of
(a) a restricted animal, a fine of not less
than 200 penalty units and not more
than 500 penalty units or
imprisonment for a term not less than
2 years and not more than 5 years, or
both, for each animal in respect of
which the offence was committed; or
(b) a controlled animal, a fine not
exceeding 10 penalty units in respect
of each animal in respect of which the
offence was committed.
55
s. 33 No. Nature Conservation 2002
PART 5 CONSERVATION COVENANTS
Division 1 Interpretation of Part
Interpretation of Part
33. In this Part
"affected owner" means an owner of land in
respect of which, under section 18(1)(b) of the
Forest Practices Act 1985, an application to the
Forest Practices Board for the certification of a
forest practices plan
(a) has been approved subject to
amendments, which have been agreed to
by the applicant, made for the purpose of
protecting a rare or endangered species
of flora or fauna; or
(b) has been approved subject to
amendments made for the purpose of
protecting a rare or endangered species
of flora or fauna, and where an appeal to
the Forest Practices Tribunal under
section 25(1) of that Act in respect of
those amendments has been wholly or
partially dismissed; or
(c) has been refused wholly or partially on
the ground that implementation of the
forest practices plan would threaten a
rare or endangered species of flora or
fauna, and where an appeal to the
Forest Practices Tribunal under section
25(1) of that Act in respect of that
refusal has been wholly or partially
dismissed;
56
2002 Nature Conservation No. s. 33
"arbitrator" means a person nominated by the
Forest Practices Tribunal, as constituted
under section 34(7A) of the Forest Practices
Act 1985, for the purpose of arbitrating
disputes under this Part;
"authorised person" means a person authorised by
the Minister under section 45(1);
"conservation compensation committee" means
a special advisory committee established by
the Minister under section 9 for the purpose of
assessing the amount of compensation that is
to be paid to landowners under Division 4;
"conservation covenant" means
(a) a conservation covenant entered into
under this Part; and
(b) a variation of a conservation covenant;
"Forest Practices Board" means the Forest
Practices Board established under the Forest
Practices Act 1985;
"Forest Practices Code, 1987" means the Forest
Practices Code of March 1987 issued under
section 30 of the Forest Practices Act 1985;
"forest practices plan" has the same meaning as
in the Forest Practices Act 1985;
"Forest Practices Tribunal" means the Forest
Practices Tribunal established under section
34 of the Forest Practices Act 1985;
"landowner" or "owner of land" means any one or
more of the following:
57
s. 33 No. Nature Conservation 2002
(a) in the case of a fee simple estate in land,
the person in whom that estate vested;
(b) in the case of land that is not registered
under the Land Titles Act 1980 and is
subject to a mortgage, the person having
the equity of redemption in that
mortgage, for the time being;
(c) in the case of land held under a tenancy
for life, the person who is the life tenant;
(d) in the case of land held under a lease for
a term of not less than 99 years or for a
term of not less than any other
prescribed period, the person who is the
lessee of the land;
(e) in the case of land held under any other
prescribed interest, the person who is
the holder of the land under that
interest;
"registered" means registered under the Land
Titles Act 1980;
"servient land", in relation to a conservation
covenant entered into between the Minister
and a landowner, means the land of the
landowner that is subject to the covenant;
"taxon" means a taxonomic group of any rank into
which organisms are categorised;
"threatened species" means a taxon of flora or
fauna that is listed in Schedule 3, 4 or 5 to the
Threatened Species Protection Act 1995.
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2002 Nature Conservation No. s. 34
Division 2 Conservation covenants generally
Minister may enter into conservation covenants
34. (1) The Minister on behalf of the Crown may enter
into a conservation covenant with a landowner if the
Minister considers it necessary or desirable to do so for a
conservation purpose.
(2) A conservation covenant may contain such
covenants and other provisions as the Minister and the
landowner agree.
(3) Without limiting the generality of subsection (2),
a conservation covenant may contain
(a) provisions relating to the payment of
compensation or the provision of financial or
other assistance to the landowner; and
(b) provisions relating to the repayment of money
or, if applicable, the waiver of entitlements to
statutory compensation.
(4) A conservation covenant in respect of reserved
land in the class of private sanctuary or private nature
reserve may not contain a provision which is
(a) inconsistent with the management objectives
for that class of reserved land; or
(b) contrary to, or inconsistent with, a
management plan in force in respect of that
reserved land.
(5) A conservation covenant may be a restrictive
covenant or a positive covenant.
(6) A conservation covenant
59
s. 35 No. Nature Conservation 2002
(a) runs with the servient land as if it were a
covenant to which section 102(2) of the Land
Titles Act 1980 applies; and
(b) is enforceable between the parties to it, and
any person deriving title under any such
party, as if the covenant were entered into by
a fee simple owner of land for the benefit of
adjacent land held by the Crown in fee simple
that was capable of being benefited by the
covenant and as if that adjacent land
continued to be so held by the Crown.
Variation and discharge of conservation covenants
35. (1) Subject to this section, the Minister on behalf of
the Crown may vary or discharge a conservation covenant
at any time by agreement with the owner of the land that
is subject to the covenant.
(2) If a conservation covenant so provides, it is not
capable of being varied or discharged without the prior
consent of the Crown in the right of the Commonwealth.
(3) If the land subject to a conservation covenant is a
private nature reserve, the covenant is not capable of
being varied in a way that might threaten the natural or
cultural values of the land, or of being discharged, until
the land ceases to be or form part of a private nature
reserve.
(4) If the landowner has received compensation or
financial payments from the Crown under this Part or any
other enactment in connection with a conservation
covenant, it is not capable of being varied or discharged
unless the Minister, by means of a notice published in the
Gazette, has given at least 30 days' notice of his or her
intention to vary or discharge the covenant.
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2002 Nature Conservation No. s. 36
Form of conservation covenants
36. Despite the provisions of the Land Titles Act 1980 and
Registration of Deeds Act 1935, a conservation covenant,
and any variation or discharge of a conservation covenant,
may be in a form approved by the Recorder.
Registration of conservation covenants
37. (1) As soon as practicable after entering into a
conservation covenant or executing a variation of a
conservation covenant, the Minister must lodge with the
Recorder
(a) an executed copy of the covenant or variation;
and
(b) a copy of any management plan in force in
relation to the servient land or any part of the
servient land; and
(c) particulars of title to the servient land.
(2) As soon as practicable after executing a
discharge of a conservation covenant, the Minister must
lodge an executed copy of the discharge with the Recorder.
(3) Subject to the provisions of the Land Titles Act
1980, the Recorder must register on the folio of the
Register constituting the title to the servient land the
following:
(a) each conservation covenant, and each
variation or discharge of a conservation
covenant, lodged under subsection (1) or (2);
(b) any management plan lodged under
subsection (1).
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s. 38 No. Nature Conservation 2002
(4) If the whole or any part of the servient land is
not under the Land Titles Act 1980, the relevant
conservation covenant may be dealt with by the Recorder
in the same manner as if it were a conveyance on sale
within the meaning of section 17(1)(a) of that Act.
(5) The Recorder may, for the purposes of
subsection (4)
(a) require the Minister to deposit with the
Recorder a plan of any land or part of any land
that is subject to a conservation covenant or to
which a management plan relates; and
(b) further require that the plan be made from
actual survey and certified as correct by a
surveyor who is registered and certificated
under the Land Surveyors Act 1909.
Covenants come into force on registration
38. (1) A conservation covenant or a variation of a
conservation covenant comes into force on the day on
which the covenant or variation is registered by the
Recorder.
(2) A conservation covenant ceases to be enforceable
on the day on which a discharge of the covenant is
registered by the Recorder.
Division 3 Covenants arising from refused private
timber reserve applications
Covenants for protection of natural or cultural
values
39. (1) The Minister on behalf of the Crown may enter
into a conservation covenant with a landowner under and
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2002 Nature Conservation No. s. 40
for the purposes of section 16(3) of the Forest Practices Act
1985.
(2) Divisions 2 and 5 have the same application to a
conservation covenant entered into under this Division,
and any variation or discharge of such a covenant, as they
have to any other conservation covenant entered into
under this Part.
Division 4 Covenants arising from forest practices
plan applications
Covenants with affected owners
40. (1) The Minister on behalf of the Crown may enter
into a conservation covenant with an affected owner who
applies for compensation under this Division.
(2) Divisions 2 and 5 have the same application to a
conservation covenant entered into under this Division,
and any variation or discharge of such a covenant, as they
have to any other conservation covenant entered into
under this Part.
(3) If the Minister and an affected owner fail to
agree on the provisions of a conservation covenant within
6 months of commencing negotiations on the covenant, the
provisions are to be determined by an arbitrator in
accordance with the Commercial Arbitration Act 1986.
(4) The determination of an arbitrator under
subsection (3) is final and binding on the Minister and the
affected owner.
63
s. 41 No. Nature Conservation 2002
Affected owner entitled to apply for compensation
41. (1) A landowner may apply to the Minister for
compensation for any financial loss suffered by that
landowner as a result of becoming an affected owner.
(2) An application for compensation is to be made in
writing to the Minister within 180 days of the day on
which the landowner became an affected owner.
(3) As soon as practicable after receiving an
application for compensation, the Minister must notify the
affected owner that the application is
(a) accepted; or
(b) refused.
Assessment of compensation
42. (1) Any compensation to be paid to a landowner under
this Division is to be assessed, as soon as practicable, by a
conservation compensation committee.
(2) In assessing the amount of compensation that is
to be paid to a landowner under this Division, the
conservation compensation committee
(a) must give the Minister and the landowner a
reasonable opportunity to make submissions
to the committee; and
(b) may have regard to any matters the committee
considers relevant; and
(c) must have regard to the following matters:
(i) the value of any standing timber on the
relevant land;
64
2002 Nature Conservation No. s. 42
(ii) any timber-growing potential of the
relevant land unable to be realised;
(iii) the value of any agricultural activities
being carried out on the relevant land;
(iv) any agricultural potential of the relevant
land unable to be realised;
(v) any government restrictions relating to
threatened species of flora or fauna,
including restrictions under the Forest
Practices Code, 1987 existing as at the
date of commencement of the Public
Land (Administration and Forests) Act
1991;
(vi) the amount of any land tax or municipal
rates payable in respect of the relevant
land, and whether the landowner is
entitled to receive any remission of such
charges;
(vii) the likely impact of a conservation
covenant on the use of other land of the
landowner;
(viii) any reasonable costs incurred, or likely
to be incurred, by the landowner as a
result of the landowner entering into a
conservation covenant in respect of the
relevant land, other than the costs of
any arbitration or legal proceedings.
(3) If
(a) the Minister or the landowner disputes the
amount of compensation assessed by the
conservation compensation committee; and
65
s. 43 No. Nature Conservation 2002
(b) the Minister and the landowner cannot
otherwise agree as to the amount of
compensation
the amount of compensation may be determined by an
arbitrator in accordance with the Commercial Arbitration
Act 1986.
(4) An affected owner who does not accept the
amount of compensation assessed by the conservation
compensation committee and who
(a) refuses to have the amount of compensation
determined by an arbitrator pursuant to
subsection (3); or
(b) does not accept the determination of an
arbitrator made pursuant to subsection (3)
is to be taken to have withdrawn his or her application for
compensation.
Payment of compensation
43. (1) Any compensation paid by the Minister to a
landowner pursuant to a conservation covenant under this
Division is
(a) payable from funds made available for the
purpose by Parliament; and
(b) payable in such manner and over such period
of time as the Minister and the landowner
agree or, failing such agreement, as
determined by an arbitrator in accordance
with the Commercial Arbitration Act 1986.
(2) Despite subsection (1)(b), a conservation
covenant under this Division that provides for the
payment of compensation to a landowner is to provide for
66
2002 Nature Conservation No. s. 44
an initial payment of part of that compensation to be made
to the landowner at the time the covenant comes into
force.
(3) If there is more than one owner of land that is
subject to a conservation covenant under this Division, any
payment of compensation made by the Minister under this
Part is to be divided between those landowners according
to their respective interests.
Effect of failure to pay compensation
44. (1) This section applies to
(a) an affected owner whose application to the
Minister for compensation has been refused by
the Minister pursuant to section 41(3)(b); and
(b) an affected owner in respect of whom the
Minister has not accepted the determination of
an arbitrator made pursuant to section 42(3);
and
(c) an affected owner or other landowner who has
entered into a conservation covenant under
this Division but has not, within the period of
180 days immediately after the day on which
he or she notified the Minister that he or she
would accept an offer of compensation under
this Part, received
(i) any compensation; or
(ii) the full amount of the initial instalment
of compensation provided for in the
covenant.
(2) The 180 day period referred to in
subsection (1)(c) is exclusive of any period of time during
which the affected owner has been a party to any
67
s. 44 No. Nature Conservation 2002
arbitration or legal proceedings in respect of a matter
under this Part.
(3) A landowner to whom subsection (1)(c) applies
may notify the Minister in writing that he or she requires
the conservation covenant referred to in that subsection to
be discharged.
(4) If the Minister receives a notification from a
landowner under subsection (3), the Minister must
(a) if satisfied that there has been a failure to pay
compensation to that landowner; and
(b) if any compensation paid to that landowner
has been repaid to the Minister
lodge an executed discharge of the relevant conservation
covenant with the Recorder without undue delay.
(5) A landowner is not required to pay interest in
respect of any compensation that is repaid to the Minister
under this section.
(6) If a conservation covenant is discharged at the
request of a landowner in accordance with this section, an
action does not lie against the Crown in respect of any
failure to pay compensation to the landowner under this
Part.
(7) A landowner to whom this section applies may
reapply to the Forest Practices Board under section
18(1)(b) of the Forest Practices Act 1985 for the
certification of the relevant forest practices plan.
(8) Subject to subsection (9), if a forest practices plan
is submitted to the Forest Practices Board under
subsection (7), the Forest Practices Board has no power
(a) to refuse to certify the plan on the grounds
that implementation of the plan would
68
2002 Nature Conservation No. s. 44
adversely affect a threatened species of flora or
fauna which has previously been considered by
that Board in respect of that plan; or
(b) to amend the plan for the purpose of protecting
a threatened species of flora or fauna which
has previously been considered by that Board
in respect of that plan
and, if that plan is otherwise certified, the Forest Practices
Board has no power
(c) to amend the plan under section 22 of the
Forest Practices Act 1985 for the purpose of
protecting a threatened species of flora or
fauna which has previously been considered by
that Board in respect of that plan; or
(d) to refuse an application to vary the plan under
section 23 of the Forest Practices Act 1985 on
the ground that implementation of the
variation of the plan would adversely affect a
threatened species of flora or fauna which has
previously been considered by that Board in
respect of that plan.
(9) Nothing in subsection (8) prohibits the Forest
Practices Board from enforcing a restriction contained in
the Forest Practices Code, 1987.
(10) Subsections (7) and (8) have effect despite any
other enactment.
69
s. 45 No. Nature Conservation 2002
Division 5 Provisions of general application
Power to inspect land subject to conservation
covenant
45. (1) Subject to this section, a person who is authorised
by the Minister to do so may, at any reasonable time and
without any interference from the owner of the land or any
other person
(a) enter on and inspect land that is subject to a
conservation covenant; or
(b) enter on and inspect land in respect of which
an affected owner has made an application for
compensation under section 41.
(2) For the purpose of subsection (1), the authorised
person must give reasonable notice of the proposed entry
to the owner of the land.
(3) The Minister and the owner of any land that is
subject to a conservation covenant may enter into an
agreement in relation to the method of access to that land
by an authorised person.
(4) If an agreement is in force under subsection (3)
in relation to any land, the method of access to that land is
to be in accordance with the agreement except
(a) in the case of an emergency; or
(b) if, in the circumstances, the Minister considers
that method of access would be unreasonable.
(5) The Minister is to keep the owner of any land
that is subject to a conservation covenant indemnified
against any loss, damage or legal liability arising from
entry to that land and attributable to any act or omission
of the Minister or an authorised person in respect of
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2002 Nature Conservation No. s. 46
(a) personal injury to, or the death of, any person;
or
(b) any damage to property on that land.
Offence to contravene conservation covenant
46. (1) A person against whom a conservation covenant is
enforceable must not contravene that covenant.
Penalty: Fine not exceeding 100 penalty units.
(2) A court that convicts a person of an offence under
subsection (1), in addition to any penalty it imposes under
that subsection
(a) must order that person to pay to the Crown
the amount the court considers appropriate
having regard to any compensation that has
been paid to that person, or to any previous
owner of the land that is subject to the
covenant, by virtue of the covenant; and
(b) may order that person to pay to the Crown the
amount the court considers appropriate having
regard to any loss, or costs, incurred by the
Crown as a result of the breach of the
covenant; and
(c) must order that person to pay to the Crown
the amount the court considers appropriate of
any financial gain made by that person as a
result of or in connection with the breach of
the covenant.
71
s. 47 No. Nature Conservation 2002
Service of applications, &c.
47. An application, notification or other document
required to be served on a person under this Part may be
sent by post or delivered personally.
72
2002 Nature Conservation No. s. 48
PART 6 PROVISIONS RELATING TO
ENFORCEMENT
Interpretation of "found offending"
48. Section 55(5) of the Police Offences Act 1935 applies in
respect of this Part as it applies in respect of that section
as if the reference in that subsection to that Act were a
reference to this Act.
Power to require offenders to disclose identity and
leave land
49. (1) If an authorised officer has reasonable grounds for
believing that a person has committed, or is committing,
an offence against this Act, he or she may require that
person to state his or her name and residential address.
(2) If a person is found offending within any
reserved land against any provision of this Act, an
authorised officer may require the person to leave the
reserved land.
(3) The owner or occupier, or an employee or agent
of an owner or occupier, of any land may require any
person trespassing on that land whom he or she has
reasonable grounds for believing has committed, or is
committing, an offence against this Act
(a) to state his name and residential address; and
(b) to leave that land.
(4) A person who, when required under this section
to state his or her name and residential address, fails or
refuses to do so, or gives a name or residential address
that is false, is guilty of an offence.
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s. 50 No. Nature Conservation 2002
(5) A person who, when required under this section
to leave any land, refuses to do so, or does not do so with
reasonable expedition, is guilty of an offence.
Production of licences, &c.
50. An authorised officer may require any person to
produce any licence, permit or other document issued to
the person under this Act or the National Parks and
Reserves Management Act 2002 and any person who fails
or refuses to comply with such a requirement is guilty of
an offence.
Powers and functions of seizure
51. (1) If an authorised officer has reasonable grounds for
believing that an offence has been committed under this
Act with respect to any wildlife, the products of any
wildlife or any plant, the authorised officer may seize one
or more of the following:
(a) that wildlife, those products or that plant;
(b) any products of that wildlife.
(2) An authorised officer is to seize any hunting
equipment that the officer has reasonable grounds for
believing has been or is being used in, or in connection
with, the commission of an offence under this Act.
(3) An authorised officer may seize any thing that
the officer has reasonable grounds for believing has been
taken by, or is in the possession of, a person contrary to
the provisions of this Act.
(4) An authorised officer may seize a licence, permit
or other document issued under this Act if the officer has
reasonable grounds for believing that the holder of the
74
2002 Nature Conservation No. s. 51
licence, permit or other document has committed an
offence under this Act.
(5) An authorised officer may seize any record or
document
(a) relating to trade in wildlife or other wildlife
matters; or
(b) that appears to indicate that an offence under
this Act has been, or is being, committed.
(6) An authorised officer may seize any living thing
that he or she has reasonable grounds for believing has
been used for the purpose of taking wildlife contrary to the
provisions of this Act.
(7) If any hunting equipment, licence, permit, record
or other document or any other animate or inanimate
thing is seized under this Act, the person by whom it was
seized may, subject to the directions of the Secretary or
some person authorised by the Secretary, retain it until
the determination of any proceedings that may be
instituted in respect of an offence against this Act against
the person from whom it was seized.
(8) If any hunting equipment, licence, permit, record
or other document or any other animate or inanimate
thing has been seized from any person under this Act and
no proceedings have been instituted against that person
for an offence on conviction for which it may be forfeited to
the Crown, a court of petty sessions, on the application of
that person, may direct it to be returned to that person
and, on the making of that direction, the authority under
subsection (7) to retain it ceases.
(9) A person who, when required to do so by an
authorised officer, refuses to deliver to that officer any
hunting equipment, licence, permit, record or other
document, or any other animate or inanimate thing, that
75
s. 52 No. Nature Conservation 2002
the officer is entitled to seize under this Act is guilty of an
offence.
Powers of entry and search
52. (1) If an authorised officer has reason to believe that
any thing which he or she is entitled to seize under this
Act is in or on any premises, conveyance or container, the
officer may search those premises, that conveyance or that
container.
(2) An authorised officer may inspect and search any
premises or conveyance where
(a) any wildlife, any products of wildlife or any
plants are kept for sale, or offered or exposed
for sale; or
(b) the authorised officer has reasonable grounds
for believing that any wildlife, any products of
wildlife or any plants are kept for sale, or
offered or exposed for sale.
(3) An authorised officer may inspect and search any
premises at which any person, under any licence or permit
issued or granted under the wildlife regulations or
section 29, is authorised to keep or have in possession any
wildlife.
(4) For the purposes of conducting a search under
this section in a conveyance, an authorised officer may
require that conveyance to be stopped and, if it is on
reserved land or on any water, the authorised officer may
bring it, or cause or require it to be brought, to some
convenient place for the search to be carried out.
(5) In exercising the powers conferred, or in
performing the functions imposed, by section 51 or this
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2002 Nature Conservation No. s. 52
section, an authorised officer may do any or all of the
following things at all reasonable times, without warrant:
(a) enter any premises, conveyance or container;
(b) in any premises, conveyance or container
lawfully entered, search for, examine, make
copies of or take extracts from any record or
other document
(i) relating to trade in wildlife or other
wildlife matters; or
(ii) that appears to indicate that an offence
under this Act has been, or is being,
committed;
(c) in any premises, conveyance or container
lawfully entered, open any container.
(6) For the purpose of facilitating the exercise of his
or her powers under this section in respect of any
premises, conveyance or container, an authorised officer
may require the person apparently in charge of those
premises, that conveyance or that container, or any of the
person's employees or agents, to afford the authorised
officer such assistance as he or she may require.
(7) A person who, without reasonable excuse (the
proof of which lies on that person) refuses or fails to
comply with any requirements made to him or her by an
authorised officer under this section is guilty of an offence.
(8) In exercising the powers conferred, or in
performing the functions imposed, by section 51 or this
section, an authorised officer must not enter any premises,
or any part of any premises, used as a principal residence
except where the officer has obtained a warrant under
subsection (9) or the permission of the occupier to enter
the residence.
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s. 53 No. Nature Conservation 2002
(9) If a magistrate or justice is satisfied, on the
application of an authorised officer, that there is
reasonable cause to permit entry to any premises, or any
part of any premises, used as a principal residence, the
magistrate or justice may issue a warrant authorising an
authorised officer to enter the premises or the part of
premises specified in the warrant for the purposes of
exercising the powers conferred, and the functions
imposed, by section 51 or this section in those premises or
that part.
(10) A warrant issued under subsection (9)
(a) is valid for a period of 30 days; and
(b) authorises all persons acting in aid of an
authorised officer to enter the premises, or the
part of premises, specified in the warrant.
Powers of arrest
53. An authorised officer may arrest, without warrant,
any person found offending who
(a) fails or refuses, on demand, to give his or her
full name and residential address; or
(b) gives any name or residential address that the
officer has reasonable grounds for believing is
false; or
(c) does not deliver up to that officer, on demand,
any thing in his or her possession or under his
or her control, that the officer is entitled to
seize under this Act.
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2002 Nature Conservation No. s. 54
Commencing proceedings
54. Despite section 26 of the Justices Act 1959,
proceedings for a summary offence against this Act may be
commenced within 5 years after the act or omission giving
rise to the proceedings occurred.
Penalty
55. A person who is guilty of an offence against this Part
is liable to a fine not exceeding 10 penalty units or
imprisonment for a term not exceeding 6 months, or both.
Production and cancellation of licences, &c., in
offence proceedings
56. (1) The holder of a licence, permit or other document
issued under this Act who is charged with an offence under
this Act must produce the licence, permit or other
document to the court which is hearing the charge except
where the holder has a reasonable excuse for not doing so.
Penalty: Fine not exceeding 2 penalty units.
(2) If a person fails to comply with subsection (1) in
respect of any charge, the court before which he or she is
charged may immediately, and on its own knowledge of
the offence, convict him or her of the offence and impose a
penalty on that conviction.
(3) If a person is convicted of an offence under this
Act, the court may make an order doing any one or more of
the following in addition to, or instead of, imposing any
other penalty:
(a) cancelling any licence, permit or other
document issued to the person under this Act;
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(b) prohibiting the person from applying for, or
being granted or issued, a licence, permit or
other document under this Act for the period
specified in the order;
(c) prohibiting the person from being in
possession or control of any hunting
equipment for the period specified in the order.
(4) The cancellation of a licence, permit or other
document under subsection (3) takes effect on the day on
which the order is made.
(5) If a licence, permit or other document is ordered
to be cancelled under subsection (3), the clerk of the court
is to, if that licence, permit or other document is available
to the clerk
(a) endorse on that licence, permit or other
document a statement that the licence, permit
or other document has been cancelled; and
(b) cause that licence, permit or other document to
be delivered to the Secretary.
Cancellation of firearms licence
57. (1) In this section, "firearms licence" has the same
meaning as in the Firearms Act 1996.
(2) If a person is convicted of an offence against this
Act and the behaviour constituting the offence involved the
use of a firearm, the court may, in addition to imposing
any other penalty, make an order doing any one or more of
the following:
(a) cancelling or suspending a firearms licence
held by that person;
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2002 Nature Conservation No. s. 58
(b) prohibiting the person from applying for, or
being granted or issued, a firearms licence
during the period specified in the order.
(3) The clerk of the court which made an order
under subsection (2) must provide the Commissioner of
Police with a copy of the order.
(4) On receipt of a copy of an order provided under
subsection (3), the Commissioner of Police must, by notice
in writing served on the person to whom the order relates,
notify that person of the terms of the order and require
that person to surrender to the Commissioner of Police any
firearms licence and any firearm held by the person.
(5) The cancellation or suspension of a firearms
licence under this section takes effect when the notice
referred to in subsection (4) is served on the holder of the
licence.
(6) A notice referred to in subsection (4) is effectively
served on a person if it is
(a) given to the person; or
(b) left at, or sent by post to, the person's postal or
residential address or the place or address of
business or employment last known to the
server of the notice.
Contravention of order under section 56(3)
58. (1) A person who contravenes or fails to comply with
an order made under section 56(3)(c) is guilty of an offence.
(2) If an authorised officer has reasonable grounds
for believing that a person has committed an offence under
subsection (1), the authorised officer may, without
warrant
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(a) arrest that person; and
(b) for the purpose of arresting that person
(i) enter, by force if necessary, any premises
on which the authorised officer has
reasonable grounds for believing that
person is present; and
(ii) search those premises.
Forfeiture of articles, &c., on conviction
59. (1) Any wildlife, products of wildlife or plants taken,
had in possession, bought, sold, dealt with, exported or
disposed of in contravention of this Act are forfeited to the
Crown, and the conviction of any person for any such
contravention has effect as a condemnation of that wildlife,
those products or those plants without the necessity of a
complaint being laid for that condemnation.
(2) On the conviction of a person of an offence under
this Act, hunting equipment is forfeited to the Crown
(a) if it was used in, or in connection with, the
commission of that offence; or
(b) if the offence was committed in relation to it.
(3) On convicting a person of an offence under this
Act, the court may order hunting equipment referred to in
subsection (2) to be returned to another person if the court
is satisfied that
(a) the other person owns or has an interest in the
equipment; and
(b) the equipment was used in or in connection
with the commission of the offence, or the
offence was committed in relation to the
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2002 Nature Conservation No. s. 60
equipment, without the consent of the other
person; and
(c) it would be unjust to the other person for the
equipment to be forfeited to the Crown.
(4) On conviction for an offence under this Act, the
court may declare forfeited to the Crown anything seized
under section 51(3).
(5) Any wildlife, products of wildlife, plants, hunting
equipment or other things forfeited under this section are
to be disposed of in the prescribed manner or, if no manner
is prescribed, as the Secretary determines.
Compensation on conviction for offences
60. (1) In this section, "appropriate authority" means
the owner (if any) of the property or creature in respect of
which the sum was ordered to be paid.
(2) If a person is convicted of an offence under this
Act and, in or as a result of the commission of that offence,
damage or injury was caused to any property or any
wildlife was taken, the court by which the person is
convicted may, in addition to, or instead of, imposing any
penalty or making any other order on that conviction,
order that person to pay to the appropriate authority such
sum as it thinks reasonable by way of compensation for
the damage or injury or the taking of the wildlife.
Protection of authorised officers
61. No action lies in respect of the giving of advice, or the
failure to give advice, by any authorised officer while he or
she is acting in good faith in the administration of this Act.
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PART 7 INFRINGEMENT NOTICES
Interpretation
62. (1) In this Part
"approved" means approved by the Secretary;
"infringement notice" means an infringement
notice served under section 63(1);
"specified penalty" means the penalty specified in
an infringement notice;
"withdrawal notice" means a withdrawal notice
served under section 64(2).
(2) A reference in this Part to the withdrawal of an
infringement notice is a reference to the withdrawal of the
notice under section 64.
Service and acceptance of infringement notices
63. (1) An authorised officer may serve an infringement
notice on a person if of the opinion that the person has
committed a prescribed offence.
(2) An infringement notice is to
(a) be in an approved form; and
(b) specify
(i) the offence to which it relates; and
(ii) the penalty for that offence; and
(iii) that payment of the penalty is to be to a
court of petty sessions; and
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2002 Nature Conservation No. s. 63
(iv) any other prescribed details.
(3) An infringement notice is to state that the person
on whom it is served may disregard the notice but that on
doing so he or she may be prosecuted for the offence to
which the notice relates.
(4) Subject to subsection (5), a person may accept an
infringement notice, unless it has been withdrawn, by
(a) paying within 21 days of being served with the
notice the specified penalty to a clerk of petty
sessions; or
(b) lodging with a clerk of petty sessions within 21
days of being served with the notice a written
undertaking to pay the specified penalty by
any instalments or within any time that clerk
may direct.
(5) If an infringement notice served on a person has
not been accepted by the person in either of the ways
prescribed in subsection (4) at the expiry of the
appropriate period prescribed in that subsection, the clerk
of petty sessions, by written notification to that person,
may allow that person an additional period of 14 days
commencing on the expiry of the first-mentioned period in
which to accept the infringement notice.
(6) A clerk of petty sessions may, at any time before
a complaint and summons is issued for the relevant
offence, accept payment of the prescribed penalty or a
written undertaking to pay the penalty either wholly or by
instalments within such time as the clerk may direct.
(7) If an infringement notice in respect of a
prescribed offence has been served on a person,
proceedings are not to be brought against that person for
that offence if the notice has been accepted and has not
been withdrawn.
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(8) Whether or not an infringement notice is
accepted, proceedings are not to be brought within the
period of
(a) 28 days following the service of the notice, if
the person has not been allowed an additional
period under subsection (5); or
(b) 42 days following the service of the notice, if
the person has been allowed such an
additional period
unless the notice has been withdrawn.
(9) If an infringement notice in respect of an offence
has been accepted by a person and has not been
withdrawn, that acceptance, in relation to proceedings for
any other offence, is to be treated as a conviction for the
offence in respect of which the notice was served unless
the court before which those proceedings are taken is
satisfied that it is unjust that it should be so treated.
(10) Acceptance of an infringement notice is not to
be regarded as an admission of liability for the purpose of,
nor in any way affect or prejudice, any civil claim, action or
proceeding.
Withdrawal of infringement notices
64. (1) An infringement notice that has been served on
any person may, whether or not it has been accepted, be
withdrawn as provided in subsection (2) at any time
within the period of
(a) 28 days following the service of the notice, if
the person has not been allowed an additional
period under section 63(5); or
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2002 Nature Conservation No. s. 65
(b) 42 days following the service of the notice, if
the person has been allowed such an
additional period.
(2) For the purposes of subsection (1), an
infringement notice served on a person is withdrawn by
the service on that person of a withdrawal notice signed by
an authorised officer and stating that the infringement
notice has been withdrawn.
(3) If an infringement notice has been withdrawn
under this section and any sums have been paid to a clerk
of petty sessions by way of penalty in pursuance of that
notice, that clerk is to repay the sums so paid to the person
on whom the notice was served.
(4) If an infringement notice has been served in
respect of an offence and has been withdrawn, evidence of
the service, acceptance or withdrawal of the notice is not
admissible in any proceedings for that offence.
Effect of undertaking to pay a prescribed penalty
65. (1) If an undertaking referred to in section 63(4)(b) is
lodged with a clerk of petty sessions, the clerk is to give
directions to the person by whom the undertaking is given
requiring the person to pay the penalty to which the
undertaking relates in such instalments or within such
time as may be specified in the directions.
(2) Before giving a direction under subsection (1)
with respect to any person, the clerk is to consider any
representations made to the clerk by or on behalf of that
person, whether at the time the undertaking is lodged or
otherwise, with respect to the person's financial
circumstances.
(3) In giving directions under subsection (1), the
clerk is to give such directions as, having regard to any
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representations referred to in subsection (2) made to the
clerk and all the circumstances of the case, the clerk
considers just and reasonable.
(4) If a person fails to comply with any direction
given under subsection (1), the like proceedings may be
had in respect of so much of the penalty to which the
directions relate as remains unpaid as if the penalty were
a penalty imposed on the person on summary conviction
for an offence.
Service of notices
66. (1) An infringement notice is to be served on a person
by an authorised officer delivering it to the person.
(2) A withdrawal notice is to be served on a person
by delivering it to the person or by post.
(3) A notification under section 63(5) by a clerk of
petty sessions is to be served on a person by sending it by
post addressed to the person at the place shown as his or
her address in the relevant infringement notice.
Penalty to be paid into Consolidated Fund
67. Any sum paid to a clerk of petty sessions under this
Part by way of penalty is to be paid into the Consolidated
Fund.
Regulations for this Part
68. Without limiting the matters in respect of which the
regulations may be made, the regulations may make
provision for the purposes of this Part, including but not
limited to, the following matters:
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2002 Nature Conservation No. s. 68
(a) providing that a contravention of any of the
regulations is a prescribed offence for the
purposes of this Part;
(b) providing, in respect of such an offence, for the
imposition of a fine not exceeding 10 penalty
units and, in the case of a continuing offence, a
further fine not exceeding 5 penalty units for
each day during which the offence continues.
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PART 8 MISCELLANEOUS
Capacity, &c., to consent
69. (1) A body corporate may give any consent for the
purposes of this Act, notwithstanding that, apart from this
subsection, it would have no power or capacity to give that
consent.
(2) Nothing in this Act entitles the owner of any
land to give any consent for the doing of anything in
relation to that land in derogation of the estate of any
other person in occupation of that land without the
consent of that other person.
Assistance to officers
70. (1) In this section, "officer" means the Secretary, a
person employed in the Department or a ranger.
(2) If a person has been requested to assist an officer
carrying out his or her functions under this Act and is
willing to do so, another person must not, either directly or
indirectly, prevent, dissuade, hinder, impede or obstruct
that person from assisting that officer or from proceeding
to a place for the purpose of assisting that officer.
Compensation for injury or death occurring in the
course of official duty, &c.
71. (1) In this section
"dependants" has the same meaning as it has in
the Workers Rehabilitation and Compensation
Act 1988;
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2002 Nature Conservation No. s. 71
"officer" means the Secretary, a person employed in
the Department or a ranger.
(2) If
(a) a ranger is killed or suffers personal injury in
the course of carrying out official functions or
dies as a result of personal injury so suffered;
or
(b) a person (not being an officer) is killed or
suffers personal injury in the course of
assisting an officer carrying out official
functions under the supervision of that officer,
or dies as a result of personal injury so
suffered
and that ranger or other person is not, or as the case may
be, his or her dependants are not, entitled to compensation
under the Workers Rehabilitation and Compensation Act
1988 in respect of the injury or death, that ranger or other
person is, or in the case of his or her death, his or her
dependants are, entitled to compensation as provided in
this section.
(3) A ranger or other person is taken to be carrying
out official functions
(a) when he or she is carrying out any functions or
exercising any powers conferred on him or her
by this Act; or
(b) while he or she is travelling in either direction
between his place of residence or place of
employment and the place at which those
functions are being, are to be or have been
carried out.
(4) A person is taken to be assisting an officer
carrying out official functions while he or she is travelling
in either direction between his or her place of residence or
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s. 72 No. Nature Conservation 2002
place of employment and the place at which those
functions are being, are to be or have been carried out.
(5) Subject to subsection (6), the compensation
payable to a ranger or other person under this section is to
be such amount as the Governor, on the recommendation
of the Secretary, determines.
(6) Compensation under this section is to be
calculated in accordance with the Workers Rehabilitation
and Compensation Act 1988.
(7) A ranger or other person by whom, or on whose
behalf, compensation under this section is claimed is to, if
so required by the Secretary, submit to the Secretary such
evidence in support of his or her claim, and such medical
certificates, as the Secretary requires, and such other
information, if any, as may be prescribed.
(8) The compensation payable to a ranger or other
person under this section is to be defrayed out of moneys
to be provided by Parliament for the purpose.
Gifts for conservation purposes
72. (1) If any money or other property is given, devised or
bequeathed for any conservation purpose under this Act,
that money, or the proceeds of the realisation of that
property, may be paid into a special deposit account or
trust account established under Part III of the Public
Account Act 1986, and the moneys for the time being
standing to the credit of that account are not to be applied
otherwise than for that purpose.
(2) Any interest arising from the investment of
moneys paid into a special deposit account or trust account
established pursuant to this section is to be paid into that
account.
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2002 Nature Conservation No. s. 73
(3) Nothing in this section prejudices or affects the
operation of any trust to which any money or other
property is subject.
Aboriginal cultural activities on Aboriginal land
73. (1) In this section
"Aboriginal cultural activity" means the activity
of hunting, fishing or gathering undertaken by
an Aboriginal person for his or her personal
use based on Aboriginal custom of Tasmania
as passed down to that Aboriginal person;
"Aboriginal land" has the same meaning as in the
Aboriginal Lands Act 1995;
"Aboriginal person" has the same meaning as in
the Aboriginal Lands Act 1995.
(2) Nothing in this Act precludes an Aboriginal
cultural activity by an Aboriginal person on Aboriginal
land, so long as that activity is not likely, in the opinion of
the Minister, to have a detrimental effect on fauna and
flora and is consistent with this Act.
Expenses of Act
74. (1) In this section, "special account" means a trust
account established under subsection (3).
(2) Except as otherwise expressly provided by this
Act, all moneys received by, or on behalf of, the Minister,
the Minister for Crown Lands or the Secretary under this
Act are to be paid into the Consolidated Fund, and the
expenses incurred in the administration of this Act are to
be defrayed out of moneys provided by Parliament for the
purpose.
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(3) In accordance with Part III of the Public Account
Act 1986, trust accounts may be established with respect
to any matter for which the Secretary has responsibility
under this Act.
(4) Except as the Treasurer otherwise directs, all
moneys received by, or on behalf of, the Secretary for the
purposes of a special account are to be paid into that
account.
(5) Except as the Treasurer otherwise directs, the
moneys for the time being standing to the credit of a
special account are to be applied, as the Secretary
determines, in meeting expenses incurred in connection
with the matter for which the account was established.
Delegation by Minister
75. The Minister may delegate any of his or her functions
or powers under this Act other than this power of
delegation.
Regulations
76. (1) The Governor may make regulations for the
purposes of this Act.
(2) Nothing in the regulations prohibits the doing of
anything required to be done for the purposes of complying
with any other Act.
(3) Without limiting the generality of subsection (1)
regulations made under this subsection may make
provision for or with respect to
(a) the payment and collection of fees by any
person in relation to any act, matter or thing
done or arising under this Act; and
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2002 Nature Conservation No. s. 77
(b) the remission of, or exemption from liability
for, any such fees.
(4) The regulations may
(a) be of general or specially limited application;
and
(b) apply differently according to matters,
limitations or restrictions, whether as to time,
circumstance or otherwise, specified in the
regulations; and
(c) authorise any matter to be from time to time
determined, applied or regulated by the
Minister, the Secretary or another person
performing functions under this Act as
specified in the regulations.
(5) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act or the National Parks and Reserves
Management Act 2002.
(6) A provision referred to in subsection (5) may take
effect on and from the day on which this Act commences or
a later day.
(7) The regulations may rescind regulations or other
subordinate legislation made under the National Parks
and Wildlife Act 1970.
Savings and transitional provisions
77. The savings and transitional provisions set out in
Schedule 4 have effect.
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Administration of Act
78. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
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2002 Nature Conservation No. sch. 1
SCHEDULE 1 DETERMINATION OF CLASS OF
RESERVED LAND
Sections 3 and 16
Column 1 Column 2 Column 3
Class of Values of land Purposes of
reserved reservation
land
1. National park A large natural area The protection and
of land containing a maintenance of the
representative or natural and cultural
outstanding sample values of the area of
of major natural land while providing
regions, features or for ecologically
scenery. sustainable recreation
consistent with
conserving those
values.
2. State reserve An area of land The protection and
containing any of the maintenance of any one
following: or more of the
following:
(a) significant (a) the natural and
natural cultural values of
landscapes; the area of land;
(b) natural features; (b) sites, objects or
places of
significance to
Aboriginal people
contained in that
area of land;
(c) sites, objects or (c) use of the area of
places of land by Aboriginal
significance to people
Aboriginal
people.
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Column 1 Column 2 Column 3
Class of Values of land Purposes of
reserved reservation
land
while providing for
ecologically sustainable
recreation consistent
with conserving any of
the things referred to
in paragraphs (a), (b)
and (c), as applicable.
3. Nature An area of land that The conservation of the
reserve contains natural natural biological
values that diversity or geological
diversity of the area of
land, or both, and the
conservation of the
natural values of that
area of land that are
unique, important or
have representative
value.
(a) contribute to the
natural biological
diversity or
geological
diversity of the
area of land, or
both; and
(b) are unique,
important or
have
representative
value.
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2002 Nature Conservation No. sch. 1
Column 1 Column 2 Column 3
Class of Values of land Purposes of
reserved reservation
land
4. Game reserve An area of land The conservation of the
containing natural natural values of the
values that are area of land that are
unique, important or unique, important or
have representative have representative
value particularly value, the conservation
with respect to game of the natural
species. biological diversity or
geological diversity of
that area of land, or
both, and the
ecologically sustainable
hunting of game
species in that area of
land.
5. Conservation An area of land The protection and
area predominantly in a maintenance of the
natural state. natural and cultural
values of the area of
land and the
sustainable use of the
natural resources of
that area of land.
6. Nature An area of land Public recreation and
recreation education consistent
area with conserving the
natural and cultural
values of the area of
land.
(a) predominantly in
a natural state;
or
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sch. 1 No. Nature Conservation 2002
Column 1 Column 2 Column 3
Class of Values of land Purposes of
reserved reservation
land
(b) containing
sensitive natural
sites of
significance for
recreation.
7. Regional An area of land Mineral exploration
reserve and the development of
mineral deposits in the
area of land, and the
controlled use of other
natural resources of
that area of land, while
protecting and
maintaining the
natural and cultural
values of that area of
land.
(a) with high
mineral potential
or prospectivity;
and
(b) predominantly in
a natural state.
8. Historic site An area of land of The conservation of the
significance for historic features of the
historic cultural area of land and the
heritage. presentation of those
features for public
appreciation and
education.
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2002 Nature Conservation No. sch. 1
Column 1 Column 2 Column 3
Class of Values of land Purposes of
reserved reservation
land
9. Private An area of land that The protection and
sanctuary has significant maintenance of the
natural or cultural natural or cultural
values, or both. values of the area of
land, or both, while
permitting the carrying
out of agricultural or
other activities on that
land consistent with
conserving those
values.
10. Private An area of land that The conservation of the
nature contains natural natural biological
reserve values that diversity or geological
diversity of the area of
land, or both, and the
conservation of the
natural values of that
area of land that are
unique, important or
have representative
value.
(a) contribute to the
natural biological
diversity or
geological
diversity of the
area of land, or
both; and
(b) are unique,
important or
have
representative
value.
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SCHEDULE 2 OBJECTIVES OF THE RESOURCE
MANAGEMENT AND PLANNING SYSTEM OF
TASMANIA
Section 3(1)
1. The objectives of the resource management and
planning system of Tasmania are
(a) to promote the sustainable development of
natural and physical resources and the
maintenance of ecological processes and
genetic diversity; and
(b) to provide for the fair, orderly and sustainable
use and development of air, land and water;
and
(c) to encourage public involvement in resource
management and planning; and
(d) to facilitate economic development in
accordance with the objectives set out in
paragraphs (a), (b) and (c); and
(e) to promote the sharing of responsibility for
resource management and planning between
the different spheres of Government, the
community and industry in the State.
2. In item 1(a), "sustainable development" means
managing the use, development and protection of natural
and physical resources in a way, or at a rate, which
enables people and communities to provide for their social,
economic and cultural wellbeing and for their health and
safety while
(a) sustaining the potential of natural and
physical resources to meet the reasonably
foreseeable needs of future generations; and
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2002 Nature Conservation No. sch. 2
(b) safeguarding the life-supporting capacity of
air, water, soil and ecosystems; and
(c) avoiding, remedying or mitigating any adverse
effects of activities on the environment.
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SCHEDULE 3 REGISTRATION OF
PROCLAMATIONS REFERRED TO IN SECTION 22
Section 22
Interpretation
1. In this Schedule, "Register" has the same meaning as
it has in the Land Titles Act 1980.
Registering proclamations under section 22(1)
2. (1) A proclamation required to be registered under
section 22(1) is to be registered by lodging with the
Recorder
(a) a copy of the proclamation; and
(b) particulars of the title to the land to which the
proclamation relates that is not Crown land or
land vested in a public authority.
(2) If a proclamation has been lodged under
subclause (1), the Recorder is to record the proclamation
on the folio of the Register constituting the title to the land
to which the proclamation relates that is not Crown land
or land vested in a public authority.
Procedure where land not under Land Titles Act
1980
3. (1) If the whole or any part of the land referred to in
clause 1(1)(b) is not under the Land Titles Act 1980, the
Recorder is to bring under that Act so much of the land
that is not under that Act by registering a qualified title to
it in accordance with section 21 of that Act.
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2002 Nature Conservation No. sch. 3
(2) If part only of the land referred to in
clause 1(1)(b) to which a proclamation relates is required
to be brought under the Land Titles Act 1980 by this
clause, the Recorder is to issue a consolidated title to the
whole of the land and for that purpose may call in and
cancel in accordance with section 163 of that Act the
certificates of title to the parts of the land.
(3) The Recorder is not bound, for the purposes of
subclause (1), to investigate the title to any land.
Registering proclamations under section 22(2) and
(3)
4. (1) A proclamation required to be registered under
subsection (2) or (3) of section 22
(a) is to contain particulars of the title to the area
of the private sanctuary or private nature
reserve
(i) to which it relates, in the case of a
proclamation required to be registered
under subsection (2) of that section; or
(ii) ceasing to be, or to form part of, reserved
land in the class of private sanctuary or
private nature reserve by virtue of the
proclamation, in any other case; and
(b) is to be registered by lodging with the
Recorder a copy of the proclamation.
(2) If a proclamation has been lodged under
subclause (1), the Recorder is to record on the folio of the
Register constituting the title to the area of the private
sanctuary or private nature reserve to which the
proclamation relates
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(a) particulars of the alteration or name contained
in the proclamation, in the case of a
proclamation required to be registered under
section 22(2); or
(b) a statement that that area of land has ceased
to be, or to form part of, reserved land in the
class of private sanctuary or private nature
reserve declared by the proclamation
previously registered in respect of that land, in
any other case.
Registration fee not payable
5. A fee is not payable in respect of the registration of a
proclamation in accordance with this Schedule.
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SCHEDULE 4 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 77
Interpretation
1. In this Schedule
"commencement day" means the day on which the
National Parks and Reserves Management Act
2002 and this Act commence;
"repealed Act" means the National Parks and
Wildlife Act 1970 and any subordinate
legislation made and in force under that Act
immediately before the commencement day.
Reserved land
2. An area of land that immediately before the
commencement day was reserved land, within the
meaning of the repealed Act, in a class referred to in
section 15 of the repealed Act is taken to be reserved land
in the corresponding class under this Act with the same
name as it had under the repealed Act.
Licences, permits and other authorities
3. A licence, permit or other authority issued and in force,
immediately before the commencement day, under a
provision of the repealed Act in respect of which there is a
corresponding provision in this Act is taken to have been
issued and to be in force under that corresponding
provision of this Act.
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Conservation covenants
4. (1) A conservation covenant, within the meaning of the
repealed Act, that was made and in force, immediately
before the commencement day, under the repealed Act is
taken to have been made and to be in force as a
conservation covenant under this Act.
(2) Subject to subclause (4), a reference in a
conservation covenant referred to in subclause (1) to the
Director is taken to be a reference to the Secretary.
(3) At any time on or after the commencement day
and with the consent of the Director, the Secretary may
determine, by notice provided to the owner of the land
subject to the conservation covenant affected by the
determination, the Director and the Recorder, that a
reference in a conservation covenant referred to in
subclause (1) to the Director that is taken, by reason of
subclause (2), to be a reference to the Secretary is to be
taken to be a reference to the Director.
(4) On and after the day on which the notice of a
determination under subclause (3) is provided to the last of
the persons required to be provided with that notice under
that subsection, the reference to which the determination
relates is taken to be a reference to the Director.
Management agreements and other documents
related to conservation covenants
5. (1) A management agreement, within the meaning of
the repealed Act, that was made and in force immediately
before the commencement day under the repealed Act is
taken to have been made and to be in force as a
management agreement under this Act.
(2) A document in force immediately before the
commencement day relating to a conservation covenant
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2002 Nature Conservation No. sch. 4
referred to in clause 4(1), or management agreement,
referred to in subclause (1), is taken to have been made
and to be in force under this Act.
(3) Subject to subclause (5), a reference in a
management agreement or document referred to in
subclause (1) or (2) to the Director is taken to be a
reference to the Secretary.
(4) At any time on or after the commencement day
and with the consent of the Director, the Secretary may
determine, by notice provided to the owner of the land
subject to the conservation covenant affected by the
determination and the Director, that a reference in a
management agreement or document referred to in
subclause (1) or (2) to the Director that is taken, by reason
of subclause (3), to be a reference to the Secretary is to be
taken to be a reference to the Director.
(5) On and after the day on which the notice of a
determination under subclause (4) is provided to the last of
the persons required to be provided with that notice under
that subsection, the reference to which the determination
relates is taken to be a reference to the Director.
Rangers
6. The appointment of a ranger under the repealed Act
continues and is taken to be an appointment as a ranger
under this Act.
Wildlife regulations and other subordinate
legislation
7. The Wildlife Regulations 1999, and any orders in force
immediately before the commencement day under
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sch. 4 No. Nature Conservation 2002
section 35A of the repealed Act, are taken to have been
made under this Act.
110 Government Printer, Tasmania