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TASMANIA
__________
NATIONAL PARKS AND RESERVES
MANAGEMENT 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
Division 1 Director of National Parks and Wildlife
6. Director of National Parks and Wildlife
7. Functions of Director
8. Arrangements in respect of Nature Conservation Act 2002
9. Appointment of officers
10. Rangers
11. Adoption of emblem for use by Director
Division 2 National Parks and Wildlife Advisory
Council, &c.
12. National Parks and Wildlife Advisory Council
[Bill 97]-X
13. Constitution of Council
14. Functions of Council
15. Assistance to Council
16. Removal of members of Council
17. Special advisory committees
PART 3 MANAGEMENT OF RESERVED LAND
18. Interpretation
19. Management plans
20. Formulation of management plans
21. Review by Director
22. Review by Commission
23. Public exhibition
24. Report of Commission
25. Submission of management plan
26. Management plans for private sanctuaries and private
nature reserves
27. Contents of management plans
28. Notification and taking effect of management plans
29. Managing authorities for reserves
30. Functions and powers of managing authority in relation
to reserved land
31. Establishment of Conservation Management Trust
32. Functions of Conservation Management Trust
33. Membership of Conservation Management Trust
34. Revocation of establishment of Conservation
Management Trust
35. Dealings with reserved lands
36. Prohibition on destroying trees
37. Restriction of public access to reserved land
38. Prohibition on certain activities without business licence
2
39. Application for business licence
40. Granting of business licence
41. Issue of business licence
42. Variation of conditions
43. Term of business licence
44. Renewal of business licence
45. Transfer of business licence
46. Cancellation of business licence
47. Delegation to managing authority
48. Minister may grant leases and licences
49. Transfer of lease or licence
50. Termination or surrender of lease
51. Forfeiture or cancellation of lease for non-payment of
rent or breach of conditions
52. Cancellation of lease where land required for public or
other purposes
53. Compensation for improvements where lease cancelled
for public or other purpose
54. Compensation payable on non-renewal of certain leases
55. Improvements on land held under licence
56. Community service contributions payable by holders of
private rights within reserved lands
57. Fencing of reserved Crown land
58. Saving for leased reserves and trust land
59. Notable buildings and places
60. Regulations for reserved land
PART 4 PROVISIONS RELATING TO ENFORCEMENT
61. Interpretation of "found offending"
62. Power to require offenders to disclose identity and leave
land
63. Production of licences, &c.
3
64. Powers and functions of seizure
65. Powers of entry and search
66. Powers of arrest
67. Commencing proceedings
68. Penalty
69. Production and cancellation of licences, &c., in offence
proceedings
70. Cancellation of firearms licence
71. Contravention of order under section 69(3)(c)
72. Forfeiture of articles, &c., on conviction
73. Compensation on conviction for offences
74. Protection of authorised officers
PART 5 INFRINGEMENT NOTICES AND VEHICLE
INFRINGEMENT NOTICES
75. Interpretation
76. Service and acceptance of infringement notices and
vehicle infringement notices
77. Withdrawal of infringement notices and vehicle
infringement notices
78. Effect of undertaking to pay prescribed penalty
79. Service of notices
80. Penalty to be paid into Consolidated Fund
81. Proceedings in relation to motor vehicle offences
82. More than one registered operator
83. Regulations for this Part
PART 6 MISCELLANEOUS
84. Capacity, &c., to consent
85. Assistance to officers
86. Compensation for injury or death occurring in the course
of official duty, &c.
87. Gifts for conservation purposes
4
88. Expenses of Act
89. Delegation by Director
90. Delegation by Minister
91. Regulations
92. Savings and transitional provisions
93. Administration of Act
94. Acts repealed
SCHEDULE 1 OBJECTIVES FOR MANAGEMENT OF
RESERVED LAND
SCHEDULE 2 OBJECTIVES OF THE RESOURCE
MANAGEMENT AND PLANNING SYSTEM OF
TASMANIA
SCHEDULE 3 PROVISIONS WITH RESPECT TO
MEMBERSHIP AND MEETINGS OF A CONSERVATION
MANAGEMENT TRUST
SCHEDULE 4 SAVINGS AND TRANSITIONAL
PROVISIONS
SCHEDULE 5 ACTS REPEALED
5
6
NATIONAL PARKS AND RESERVES
MANAGEMENT BILL 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to provide for the management of national
parks and other reserved land, to repeal the
National Parks and Wildlife Act 1970 and related
Acts 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 National Parks and
Reserves Management Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. (1) In this Act, unless the contrary intention appears
[Bill 97] 7
s. 3 No. National Parks and Reserves 2002
Management
"Appeal Tribunal" means the Resource
Management and Planning Appeal Tribunal
established under the Resource Management
and Planning Appeal Tribunal Act 1993;
"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;
"building" means anything built or constructed;
"business licence" means a licence issued under
section 41 that is in force;
"Commission" means the Resource Planning and
Development Commission established under
section 4 of the Resource Planning and
Development Commission Act 1997;
"conservation area" has the same meaning as in
the Nature Conservation Act 2002;
"Conservation Management Trust" means a
Conservation Management Trust established
under section 31;
"conservation purpose" means
8
2002 National Parks and Reserves No. s. 3
Management
(a) any purpose specified in Column 3 of
Schedule 1 to the Nature Conservation
Act 2002; and
(b) any purpose that, in the opinion of the
Governor, would promote the better
management or more effective use of any
reserved land;
"conservation society" means a society or other
body having as its objects, or one of its objects,
the promotion or encouragement of the
carrying out of any conservation purpose in
relation to land generally or to any particular
land or particular kind of land;
"container" includes 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;
"Council" means the National Parks and Wildlife
Advisory Council continued by section 12;
"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;
"department" has the same meaning as in the
Administrative Arrangements Act 1990;
"Director" means the Director of National Parks
and Wildlife appointed under section 6;
"forest reserve" has the same meaning as in the
Forestry Act 1920;
9
s. 3 No. National Parks and Reserves 2002
Management
"Forestry corporation" means the corporation
established under section 6 of the Forestry Act
1920;
"functions" includes duties;
"game" has the same meaning as in the Nature
Conservation Act 2002;
"game reserve" has the same meaning as in the
Nature Conservation Act 2002;
"geological diversity" means the natural range of
geological, geomorphological and soil features,
assemblages, systems and processes;
"historic site" has the same meaning as in the
Nature Conservation Act 2002;
"hunting equipment" has the same meaning as in
the Nature Conservation Act 2002;
"improvements" means all work done and
materials used on or for the benefit of any land
which visibly and effectively improve or
increase the value of the land;
"land" includes
(a) land covered by the sea or other waters;
and
(b) the part of the sea or those waters
covering that land;
"leased reserve" has the same meaning as in the
Nature Conservation Act 2002;
"management objectives", in relation to any class
of reserved land, means the management
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2002 National Parks and Reserves No. s. 3
Management
objectives specified in Schedule 1 for that class
of reserved land;
"management plan", in respect of reserved land,
means the plan approved under section 19;
"managing authority" means the managing
authority for reserved land, as specified in
section 29;
"Minister for Crown Lands" means the Minister
for the time being administering the Crown
Lands Act 1976;
"national park" has the same meaning as in the
Nature Conservation Act 2002;
"nature recreation area" has the same meaning
as in the Nature Conservation Act 2002;
"nature reserve" has the same meaning as in the
Nature Conservation Act 2002;
"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;
"plant" has the same meaning as in the Nature
Conservation Act 2002;
"prescribed body", in relation to the management
of reserved land, means
11
s. 3 No. National Parks and Reserves 2002
Management
(a) the public authority in which that land
is vested; and
(b) a public authority having jurisdiction
over the locality in which that land is
located; and
(c) a body corporate
(i) whose objectives or purposes in
the opinion of the Minister are
primarily conservation purposes;
and
(ii) that in the opinion of the Minister
has a structure and capacity to
effectively exercise the functions of
a managing authority;
"private land" means land other than Crown land
or land vested in a public authority;
"private nature reserve" has the same meaning
as in the Nature Conservation Act 2002;
"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
materials beneath the surface of that
land;
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2002 National Parks and Reserves No. s. 3
Management
"private sanctuary" has the same meaning as in
the Nature Conservation Act 2002;
"products", in relation to wildlife, has the same
meaning as in the Nature Conservation Act
2002;
"public authority" means
(a) a council within the meaning of the
Local Government Act 1993; and
(b) any other 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; and
(b) to any class of reserved land, the
purposes of reservation specified in
Column 3 of Schedule 1 to the Nature
Conservation Act 2002 in relation to that
class;
"ranger" means a person appointed as a ranger, or
authorised to perform the functions and
exercise the powers of a ranger, under
section 10;
"regional reserve" has the same meaning as in the
Nature Conservation Act 2002;
13
s. 3 No. National Parks and Reserves 2002
Management
"regulations" means regulations made and in force
under section 91;
"reserved land" has the same meaning as in the
Nature Conservation Act 2002;
"resource management and planning system
objectives" means the objectives of the
resource management and planning system of
Tasmania as set out in Schedule 2;
"restricted area" means reserved land, or a part of
reserved land, declared in a management plan,
under section 37, to be a restricted area;
"Secretary" means the Secretary of the
Department;
"special advisory committee" means a special
advisory committee established under
section 17;
"State reserve" has the same meaning as in the
Nature Conservation Act 2002;
"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;
"statutory power" means
(a) a power under an enactment, other than
this Act, for one or more of the following
purposes:
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2002 National Parks and Reserves No. s. 3
Management
(i) the reservation or dedication of
Crown land for any purpose;
(ii) the alienation of, or the grant of
private rights in or over, any such
land;
(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;
"wildlife" has the same meaning as in the Nature
Conservation Act 2002;
"World Heritage Area" has the same meaning as
in Part 6 of the Public Land (Administration
and Forests) Act 1991.
(2) A reference in this Act to the taking of any
wildlife or 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.
(3) 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.
(4) A reference in this Act to the taking of any plant
includes a reference
15
s. 3 No. National Parks and Reserves 2002
Management
(a) to the destroying or damaging of that plant;
and
(b) to the taking, destroying or damaging of any
fruit or seeds of that plant or any product or
part of that plant.
(5) 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.
(6) For the purposes of this Act, a person is taken to
have a thing in his or her possession
(a) if it is in the person's possession, or under the
person's 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 the
person; or
(ii) used or controlled by the person 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.
(7) Unless the contrary intention appears, a
reference in this Act to a thing includes a reference to a
living thing.
16
2002 National Parks and Reserves No. s. 4
Management
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. (1) In exercising any powers or performing any
functions under this Act in relation to any reserved land, a
person is to have regard to the resource management and
planning system objectives.
(2) In the case of reserved land for which there is a
management plan, if there is any inconsistency between
the resource management and planning system objectives
and the provisions of the management plan, the provisions
of the management plan prevail.
(3) In the case of reserved land for which there is no
management plan, if there is any inconsistency between
the resource management and planning system objectives
and the management objectives for the class of that
reserved land or the purposes for which that land was
reserved, the latter objectives and the purposes prevail.
17
s. 6 No. National Parks and Reserves 2002
Management
PART 2 ADMINISTRATION
Division 1 Director of National Parks and Wildlife
Director of National Parks and Wildlife
6. The Governor may appoint a State Service officer or
State Service employee to be Director of National Parks
and Wildlife and that officer or employee holds that office
in conjunction with State Service employment.
Functions of Director
7. (1) Subject to this Act, the Director has the following
functions:
(a) acting as a managing authority as required
under this Act and giving advice and
assistance to other managing authorities;
(b) keeping the setting aside of land for
conservation purposes under review;
(c) carrying out, or arranging for the carrying out
of, research and other activities that appear to
the Director to be desirable in connection with
the administration of this Act;
(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) providing to the Council and the special
advisory committees such information as they
18
2002 National Parks and Reserves No. s. 8
Management
may require and is reasonably available to the
Director in connection with the carrying out of
his or her functions under this Act;
(f) preparing plans, in relation to reserved lands,
with a view to their submission to the
Governor for approval as management plans
for those lands and keeping the provisions of
management plans under review;
(g) providing effective means for the enforcement
of the regulations;
(h) carrying out functions, as agreed by the
Director, in relation to land which is, or
becomes, the subject of a conservation
covenant under Part 5 of the Nature
Conservation Act 2002.
(2) The Minister may give directions to the Director
with respect to the carrying out of his or her functions
under this Act and, in carrying out those functions, the
Director 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 Director
of any recommendation required under any provision of
this Act.
Arrangements in respect of Nature Conservation Act
2002
8. (1) The Director may enter into arrangements with the
Secretary of the responsible Department in relation to the
Nature Conservation Act 2002 for the purpose of furthering
the objectives of that Act.
(2) An arrangement may be made with respect to
one or more of the following matters:
19
s. 9 No. National Parks and Reserves 2002
Management
(a) the provision of staff and other resources;
(b) any other matter.
Appointment of officers
9. (1) Subject to and in accordance with the State Service
Act 2000, persons may be appointed for the purposes of
this Act.
(2) The Secretary, with the approval of another
Head of a State Service Agency, may appoint a State
Service officer or State Service employee employed in that
Agency to undertake any functions for the purposes of this
Act and that officer or employee may undertake those
functions in conjunction with State Service employment.
Rangers
10. (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.
(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 reserved land specified in the appointment
or authorisation.
20
2002 National Parks and Reserves No. s. 11
Management
(5) If the managing authority for any reserved land
is not the Director, that authority, with the approval of the
Secretary, may appoint a ranger in respect of that
reserved land.
(6) A ranger appointed under subsection (1), (2) or
(5), or a person authorised under subsection (3), in respect
of particular reserved land is not to perform the functions
or exercise the powers of a ranger under this Act in respect
of any other land.
Adoption of emblem for use by Director
11. (1) The Governor, by order, may determine the
authorised emblem to be adopted for use by the Director.
(2) A person must not, without the permission of the
Director
(a) have in his or her possession or under his or
her charge or control any article bearing; or
(b) use for the purposes of any business or other
activity carried on by him or her or in which
he or she is engaged
the authorised emblem or any other emblem that is
capable of being mistaken for that emblem.
Penalty: Fine not exceeding 5 penalty units.
21
s. 12 No. National Parks and Reserves 2002
Management
Division 2 National Parks and Wildlife Advisory
Council, &c.
National Parks and Wildlife Advisory Council
12. The National Parks and Wildlife Advisory Council
established by the National Parks and Wildlife Act 1970 is
continued.
Constitution of Council
13. (1) The Council consists of not more than 12 persons
appointed by the Governor on the nomination of the
Minister.
(2) The persons nominated for membership of the
Council are to be persons who, in the opinion of the
Minister
(a) have an interest in, and an ability to
contribute to, the objectives of this Act; and
(b) have the capacity to offer independent advice,
taking into account community views and
expectations.
(3) The Governor may appoint a member as
chairperson of the Council.
(4) A person appointed as the chairperson is to be so
appointed for the term specified in the instrument of his or
her appointment and, subject to this section, ceases to hold
the office of chairperson at the expiration of that term.
(5) A member continues in office for the term, not
exceeding 3 years, specified in the instrument of
appointment, unless that member sooner resigns, is
removed from office or otherwise ceases to hold office.
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2002 National Parks and Reserves No. s. 13
Management
(6) If a member dies or ceases to hold office
otherwise than by reason of the effluxion of time, the
member appointed to fill the vacancy ceases to hold office
at the expiration of the unexpired term of office of the
member in whose place he or she is appointed.
(7) The members are not, as members, subject to the
State Service Act 2000, but a State Service officer or State
Service employee may hold office as a member of the
Council in conjunction with State Service employment.
(8) At a meeting of the Council, the chairperson of
the Council or, if the chairperson is absent or there is no
chairperson, another member present and chosen by the
members present is to preside.
(9) The chairperson or other member presiding at a
meeting of the Council has a deliberative vote only and, in
the event of an equality of votes on any matter before a
meeting of the Council, that matter stands adjourned to
the next meeting of the Council.
(10) Six members of the Council constitute a quorum
at any meeting of the Council.
(11) The following persons have a right to attend a
meeting of the Council:
(a) the Director, or a person nominated by the
Director;
(b) the Secretary of the responsible Department in
relation to the Nature Conservation Act 2002,
or a person nominated by that Secretary.
(12) Subject to this Act, the Council may regulate its
own proceedings.
(13) The chairperson and the other members
23
s. 14 No. National Parks and Reserves 2002
Management
(a) are to be paid the remuneration determined by
the Governor; and
(b) may be paid the travelling and other
allowances determined by the Governor.
(14) If the chairperson or another member is a State
Service officer or State Service employee, that person is
not entitled to be paid an allowance referred to in
subsection (13)(b) except with the approval of the Head of
the State Service Agency in which he or she is employed.
Functions of Council
14. (1) The functions of the Council are as follows:
(a) to advise the Minister on the administration of
this Act, including on matters referred to it by
the Minister;
(b) to provide a forum for consultation on policy
issues of State significance that are related to
this Act;
(c) to maintain an overview of the relevance of the
Director's role and achievements relative to
public expectations;
(d) to promote understanding and acceptance of
the Director's role and associated programs;
(e) to encourage, and act as a focal point for,
community support for projects carried out
and services provided under this Act;
(f) to review management plans.
(2) Without prejudice to the generality of
subsection (1), where the Minister refers to the Council
any matter related to the administration of this Act, the
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2002 National Parks and Reserves No. s. 15
Management
Council is to consider that matter and report on it to the
Minister with such recommendations as it may consider
appropriate in the circumstances as soon as practicable.
Assistance to Council
15. Subject to this Act, the Minister may make
arrangements to make available to the Council such
accommodation and assistance as it may require.
Removal of members of Council
16. (1) The Governor may remove any member of the
Council from office if the Governor is satisfied that the
member
(a) has become, in the opinion of the Governor,
permanently incapable of carrying out the
functions of his or her office; or
(b) has misconducted himself or herself in the
performance of the functions of his or her
office; or
(c) has, by reason of a change of occupation or
otherwise, ceased to be a person suitable to
represent the interests of the classes of
persons that he or she was appointed to
represent; or
(d) has been absent from 3 or more consecutive
meetings of the Council without leave of the
Council; or
(e) has applied to take, or takes, advantage of any
law relating to bankruptcy, or has
compounded, or entered into an arrangement,
with his or her creditors; or
25
s. 17 No. National Parks and Reserves 2002
Management
(f) has been convicted (whether in this State or
elsewhere) of an offence of a nature that, in
the opinion of the Governor, renders it
improper for the member to continue to hold
his or her office.
(2) Without prejudice to the generality of
subsection (1), a member of the Council is taken to have
misconducted himself or herself in the performance of the
functions of his or her office if
(a) he or she votes on any matter before the
Council in which he or she has, directly or
indirectly, a pecuniary interest; or
(b) he or she takes part in, or is present at, the
discussion of any such matter before the
Council without disclosing his or her
pecuniary interest to the members of the
Council present.
(3) In the case of married persons or de facto
partners, within the meaning of the De Facto Relationship
Act 1999, who are living together, a pecuniary interest of
one spouse or one partner is taken for the purposes of this
section to be a pecuniary interest of the other spouse or the
other partner if the pecuniary interest is known to that
other spouse or other partner.
(4) The Governor may not remove a member of the
Council otherwise than under this section.
Special advisory committees
17. (1) The Minister, by order, may establish special
advisory committees for the purpose of
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2002 National Parks and Reserves No. s. 17
Management
(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 Director, or a managing
authority, on such matters arising in relation
to the performance of his, her or its functions
under this Act as are specified in the order.
(2) An order
(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 the
committee; and
(iii) giving the Director, or a person
nominated by the Director, the right to
attend meetings of the 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
27
s. 17 No. National Parks and Reserves 2002
Management
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.
(8) The members of a special advisory committee are
to be paid such travelling and other allowances as the
Governor determines.
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2002 National Parks and Reserves No. s. 18
Management
PART 3 MANAGEMENT OF RESERVED LAND
Interpretation
18. In sections 19, 20 and 21
"class", in relation to reserved land, means
(a) the class referred to in section 16 of the
Nature Conservation Act 2002 that the
reserved land is declared to be under
that Act; and
(b) the class of forest reserve if the reserved
land is in the World Heritage Area;
"management objectives", in relation to the class
of forest reserve, means the objectives
specified in Schedule 3 to the Forestry Act
1920;
"purposes of reservation", in relation to reserved
land in the class of forest reserve, means the
purposes specified in section 20(1)(a) of the
Forestry Act 1920;
"reserved land" includes land in the class of forest
reserve if that land is included in the World
Heritage Area.
Management plans
19. (1) In this section, "specified", in relation to a plan,
means specified in that plan.
(2) In accordance with this Part
29
s. 19 No. National Parks and Reserves 2002
Management
(a) plans for the use, development and
management of any reserved land may be
approved by the Governor; and
(b) any such plan may be a plan that, in whole or
in part, rescinds, replaces or alters any plan
previously approved under this section in
respect of that land.
(3) A plan approved under this section may relate
to
(a) specified reserved land; or
(b) a specified part of any reserved land; or
(c) a specified group of reserved lands; or
(d) a specified class of reserved land.
(4) Before a plan is approved under this section in
relation to any land to which the Mineral Resources
Development Act 1995 applies, the Minister is to consult
with the Minister having the administration of that Act.
(5) The Governor may not approve a plan under this
section unless it is submitted in accordance with this Part.
(6) A plan relating to land in the class of forest
reserve may only be approved under this section with the
agreement of the Forestry corporation.
(7) A plan relating to any land within a conservation
area that includes any land vested in a public authority
may only be approved under this section with the
agreement of that public authority.
(8) A plan relating to any land within a private
sanctuary or private nature reserve may only be approved
under this section with the agreement of the owner of that
land.
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2002 National Parks and Reserves No. s. 20
Management
(9) If the Director does not receive the agreement of
the owner of land that is a private nature reserve for a
management plan prepared for that reserve within 60
days after the agreement is sought, the Director may
submit the management plan to the Appeal Tribunal for
arbitration.
(10) Before making a decision on a management
plan, the Appeal Tribunal is to consult with the Director
and the owner of the land.
(11) Any decision of the Appeal Tribunal is binding
on all persons.
(12) If a management plan (the "specific plan") is
approved for any reserved land that is within a specified
group of reserved lands or class of reserved land for which
there is a management plan (the "general plan"), the
provisions of the specific plan prevail over the provisions of
the general plan to the extent of any inconsistency.
(13) If a forest management plan within the
meaning of the Forestry Act 1920 (the "specific plan") is
approved for any reserved land that is within a specified
group of reserved lands or class of reserved land for which
there is a management plan (the "general plan"), the
provisions of the specific plan apply to the extent that they
are consistent with the provisions of the general plan.
Formulation of management plans
20. (1) In this section
"Government Business Enterprise" has the same
meaning as in the Government Business
Enterprises Act 1995;
"prepare" includes cause to be prepared;
31
s. 20 No. National Parks and Reserves 2002
Management
"responsible officer" means
(a) in relation to a department or a
statutory authority other than a
Government Business Enterprise that is
an Agency, within the meaning of the
State Service Act 2000, the Head of that
Agency; and
(b) in relation to a statutory authority that
is a Government Business Enterprise,
the chief executive officer of that
Government Business Enterprise; and
(c) in relation to any other statutory
authority, the president, chairman or
other principal or presiding member of
the authority or, if the authority
comprises a single person, that person.
(2) The Director is to prepare draft management
plans with a view to their submission to the Governor.
(3) Before preparing a draft management plan, the
Director is to give a notice to the Secretary of the
responsible Department in relation to the Nature
Conservation Act 2002 stating that a draft management
plan is to be prepared and inviting the Secretary to
provide the information and prescriptions the Secretary
wishes to propose for inclusion in the plan in relation to
flora, fauna or geological diversity.
(4) If the Director considers that an Act
administered in or by means of a department or statutory
authority will or may be affected by a restriction on the
exercise of a statutory power that it is proposed to include
in a management plan, being a statutory power the right
to exercise which is conferred on
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2002 National Parks and Reserves No. s. 20
Management
(a) the responsible officer of the department or
statutory authority; or
(b) a person employed in the department or
employed by or in the statutory authority (not
being the responsible officer of the department
or statutory authority); or
(c) the statutory authority, in the case of an Act
administered in or by means of the statutory
authority; or
(d) the Minister responsible for the
administration of the department or statutory
authority
the Director, by written notice given to the responsible
officer, is to request the responsible officer to provide the
Director with written representations stating whether or
not the officer considers the inclusion of the restriction in
the plan to be necessary or desirable and giving his or her
reasons for those representations.
(5) The Director, in a notice given under
subsection (3) or (4), may specify a time, being not less
than 30 days after the date of the receipt of the notice by
the person to whom it is given or any further time the
Minister allows, in which the information, prescriptions or
representations invited or requested by that notice are to
be given to the Director.
(6) A notice given under subsection (3) or (4) may be
sent by post, or delivered personally, to the person to
whom it is directed.
(7) A draft management plan may only be prepared
in relation to any land in the class of forest reserve in
consultation with the Forestry corporation.
(8) A draft management plan in respect of any land
within a private sanctuary or private nature reserve may
33
s. 20 No. National Parks and Reserves 2002
Management
only be prepared in consultation with the owner of the
land.
(9) In formulating a draft management plan relating
to reserved land the whole or a part of which is the subject
of a conservation covenant in force under Part 5 of the
Nature Conservation Act 2002, the Director is to ensure
that the draft management plan is not inconsistent with
that conservation covenant.
(10) A draft management plan in respect of any land
that is vested in a public authority and that is within a
conservation area may only be prepared in consultation
with that public authority.
(11) In preparing a draft management plan, the
Director is to have regard to the purposes of reservation
and the management objectives which apply to
(a) the class of reserved land to which the land in
respect of which the plan is being prepared
belongs; or
(b) the class of reserved land in respect of which
the plan is being prepared.
(12) Before a draft management plan in respect of
any reserved land is submitted to the Governor for
approval under section 19, the Minister is to
(a) provide the Council, the Commission and the
Secretary of the responsible Department in
relation to the Nature Conservation Act 2002
with a copy of the draft management plan; and
(b) publish in at least 3 newspapers circulating
within the State a notice
(i) stating that it is proposed to submit a
draft management plan in respect of
34
2002 National Parks and Reserves No. s. 20
Management
that land to the Governor for approval;
and
(ii) specifying the place at which that draft
management plan may be inspected and
copies obtained; and
(iii) stating that representations in relation
to that draft management plan may be
made to the Director by any person,
including the Council and the Secretary
of the responsible Department in
relation to the Nature Conservation Act
2002, before a day specified in the notice
that is not earlier than 30 days after the
date of publication of the notice or any
further period the Minister allows; and
(iv) stating that the Council may make
representations directly to the Minister
in relation to that draft management
plan within 30 days after being provided
with a copy of it under this subsection or
any further period the Minister allows.
(13) After a notice has been published in respect of a
draft management plan under subsection (12), the
Director, on the payment of any charge fixed by the
Minister, is to provide a copy of that draft management
plan to any person requesting it.
(14) Nothing in this section requires a draft
management plan to specify all the management objectives
for a class of reserved land as the objectives for which any
specified reserved land is to be managed.
35
s. 21 No. National Parks and Reserves 2002
Management
Review by Director
21. Within 30 days after the specified day referred to in
section 20(12)(b)(iii) or within any further period the
Minister allows, the Director is to forward to the
Commission
(a) a copy of any representation made under that
section; and
(b) a report containing
(i) a summary of the representations; and
(ii) the Director's opinion on the merits of
the representations, including whether
or not he or she believes the
representations to be of sufficient merit
to warrant modification of the draft
management plan; and
(iii) a summary of any proposed modification
to the draft management plan; and
(iv) any additional information the Director
considers relevant.
Review by Commission
22. (1) The Commission, at the direction of the Minister,
is to review the copies of the representations and the
report of the Director forwarded under section 21 with
reference to the draft management plan.
(2) Within 21 days of receipt of the copies of the
representations and the report of the Director, or within
any further period the Minister allows, the Commission is
to decide whether or not to hold a hearing to assist in its
review of the representations.
36
2002 National Parks and Reserves No. s. 23
Management
(3) If the Commission decides to hold a hearing, the
Commission is to notify the Minister of that decision.
(4) If the Commission decides not to hold a hearing,
the Commission, within 14 days of making that decision, is
to give written notice of that decision to
(a) the Director; and
(b) the Minister; and
(c) any person who has made a representation
under section 20(12)(b)(iii).
(5) A hearing is to be conducted in accordance with
Part 3 of the Resource Planning and Development
Commission Act 1997.
Public exhibition
23. (1) The Commission, as soon as practicable after
receipt of the copies of the representations and report of
the Director forwarded under section 21, is to notify by
public notice
(a) the places at which copies of the
representations and report are to be exhibited;
and
(b) the period during which they are to be
exhibited; and
(c) any other information the Commission
considers relevant.
(2) At least one of the places referred to in
subsection (1)(a) is to be near the area specified in the
draft management plan.
37
s. 24 No. National Parks and Reserves 2002
Management
(3) The Director and the Commission may make
available any information that may assist public
consideration of the representations and the report of the
Director at the places referred to in subsection (1)(a).
Report of Commission
24. (1) The Commission, within a period determined by
the Minister, is to provide the Minister with
(a) a report of its review under section 22; and
(b) copies of the representations and the report of
the Director forwarded under section 21.
(2) As soon as practicable after the period referred to
in subsection (1), the Commission is to publish in the
Gazette notice of
(a) the making of its report; and
(b) where copies of its report are available for
inspection by the public.
Submission of management plan
25. (1) The Minister is to submit a draft management
plan to the Governor for approval after the Minister has
considered
(a) the report of the Commission provided to the
Minister under section 24(1); and
(b) copies of the representations and the report of
the Director provided to the Minister under
that section; and
38
2002 National Parks and Reserves No. s. 26
Management
(c) any representations made by the Council
under section 20(12)(b)(iv).
(2) In considering the matters referred to in
subsection (1), the Minister is to have regard to the
purposes of reservation and the management objectives
which apply to
(a) the class of reserved land to which the land in
respect of which the draft management plan is
being prepared belongs; or
(b) the class of reserved land in respect of which
the draft management plan is being prepared.
(3) A draft management plan submitted for the
Governor's approval may be
(a) an unaltered plan; or
(b) a plan containing any alterations the Minister
thinks appropriate having regard to the
matters specified in subsection (1), other than
alterations that may affect a restriction on the
exercise of a statutory power included in the
plan, unless those alterations were the subject
of a previous consultation between the
Minister and the Minister administering the
Act under which that statutory power is
exercised.
Management plans for private sanctuaries and
private nature reserves
26. (1) Section 20(12) and (13) and sections 21, 22, 23, 24
and 25 do not apply in respect of a draft management plan
relating to a private sanctuary or private nature reserve.
39
s. 27 No. National Parks and Reserves 2002
Management
(2) The Minister is to submit a draft management
plan in respect of land which is a private sanctuary or
private nature reserve to the Governor for approval after
the Minister
(a) has considered the purposes of reservation and
the management objectives which apply to
private sanctuaries or private nature reserves;
and
(b) has obtained the agreement of the owner of
that land or a favourable decision from the
Appeal Tribunal under section 19.
Contents of management plans
27. (1) A management plan for any reserved land
(a) may indicate the manner in which the powers
of the managing authority under this Act are
to be exercised in relation to that land, or any
part of that land; and
(b) may prohibit or restrict, in relation to that
land or any part of that land, the exercise of
those powers; and
(c) if the land is a private sanctuary or private
nature reserve, may specify the cases and the
circumstances in which the owner of the land
is bound by the regulations; and
(d) is to specify the purposes for which that land
was reserved; and
(e) if the management plan relates to particular
land of a single class, is to specify any or all of
the management objectives which apply to
40
2002 National Parks and Reserves No. s. 27
Management
land of that class as the objectives for which
the land is to be managed; and
(f) if the management plan relates to particular
land of a single class, is to specify the reasons
for which any management objectives for that
class of reserved land
(i) have been specified in the management
plan as the objectives for which that
land is to be managed; and
(ii) have not been specified in the
management plan as the objectives for
which that land is to be managed; and
(g) if the management plan relates to more than
one class of reserved land, is to specify any or
all of the management objectives for each class
of reserved land as the objectives for which the
land in that class is to be managed; and
(h) if the management plan relates to more than
one class of reserved land, is to specify the
reasons for which any management objectives
for any of those classes
(i) have been specified in the management
plan as the objectives for which the land
in that class is to be managed; and
(ii) have not been specified in the
management plan as the objectives for
which the land in that class is to be
managed; and
(i) may specify any condition that applies to the
application of any management objective
specified in the management plan; and
41
s. 27 No. National Parks and Reserves 2002
Management
(j) is to specify the manner in which the
management objectives specified in the
management plan are to be achieved; and
(k) may contain any other provisions that are
authorised by this Act to be contained in that
plan.
(2) A management plan for any land within a
national park, State reserve, nature reserve, game reserve
or historic site may make provision for the use or
development of that land otherwise than under the powers
conferred by this Act and for that purpose may authorise
the exercise in relation to that land, subject to any
restrictions specified in the plan, of any statutory power.
(3) Any provisions in a management plan giving an
authority referred to in subsection (2) are of no effect
unless the inclusion of those provisions in that plan is
approved by each House of Parliament.
(4) For the purposes of this section, a House of
Parliament is taken to have approved the inclusion of
provisions in a management plan giving an authority
referred to in subsection (2) if a copy of the plan with the
provisions clearly indicated has been laid on the table of
that House and
(a) the inclusion is approved by that House; or
(b) at the expiration of 5 sitting days after the
plan was laid on the table of that House
(i) no notice has been given of a motion to
disallow the inclusion; or
(ii) if such notice has been given, the notice
has been withdrawn or the motion has
been negatived; or
42
2002 National Parks and Reserves No. s. 28
Management
(c) if a notice of a motion to disallow the inclusion
has been given but not withdrawn or
negatived during that period of 5 sitting days,
the notice is withdrawn or the motion is
negatived after the expiration of that period.
(5) Notice of approval under subsection (3) of the
inclusion in a management plan of provisions referred to
in subsection (2) are to be published in the Gazette by the
Clerk of the House which has granted approval as soon as
practicable.
(6) A management plan for any land within a
conservation area, nature recreation area, regional
reserve, private nature reserve or private sanctuary may
prohibit or restrict the exercise in relation to that land of
any statutory powers.
(7) Any restriction imposed by a management plan
under this section on the exercise of a statutory power may
be a restriction specifying the conditions subject to which
it may be exercised, or the circumstances in which it may
or may not be exercised.
(8) Any condition imposed by a management plan
under this section on the exercise of a statutory power may
be a condition requiring the carrying out, or designed to
facilitate or promote the carrying out, of works and other
operations during or after the exercise of that power, or
requiring the entering into of contracts or the making of
any other arrangements designed to secure the carrying
out of those works or operations.
Notification and taking effect of management plans
28. (1) As soon as practicable after the Governor has
approved a management plan under section 19, the
43
s. 28 No. National Parks and Reserves 2002
Management
Minister is to publish in the Gazette notice of the approval
of the plan.
(2) If provisions giving an authority referred to in
section 27(2) are included in a management plan, the
notice of the approval of the plan published under
subsection (1)
(a) is to state whether or not the inclusion of those
provisions in the plan has been approved by
each House of Parliament; and
(b) if the inclusion of those provisions has not
been so approved, is to state that
(i) they are of no effect unless their
inclusion is so approved; and
(ii) an inspection of the plan may be made
pursuant to subsection (6) for the
purpose of obtaining information about
those provisions.
(3) As soon as practicable after the Governor, under
section 19, has approved a management plan for reserved
land the whole or part of which is subject to a conservation
covenant in force under Part 5 of the Nature Conservation
Act 2002, the Minister is to lodge with the Recorder of
Titles a copy of the management plan together with
particulars of title to the reserved land subject to that
covenant.
(4) Subject to the provisions of the Land Titles Act
1980, the Recorder of Titles must register on the folio of
the Register constituting the title to the reserved land
subject to a conservation covenant referred to in
subsection (3) the management plan lodged under that
subsection.
44
2002 National Parks and Reserves No. s. 29
Management
(5) Subject to section 27(3), a management plan
takes effect on the seventh day after the date of notice of
its approval has been published as required by
subsection (1).
(6) When notice of the approval of a management
plan has been published under subsection (1), the
Director
(a) on the request of any person and without
payment of a fee, is to permit that person to
inspect the plan; and
(b) if it is practicable and on the request of any
person and on payment of any charge fixed by
the Minister, is to provide that person with a
copy of the plan.
Managing authorities for reserves
29. (1) Subject to any orders made under this section, the
Director is the managing authority for all reserved land
other than
(a) reserved land that is within a private
sanctuary or private nature reserve; or
(b) reserved land that is vested in a public
authority.
(2) The Governor, by order made with the consent of
a prescribed body, may declare that body to be the
managing authority for any reserved land other than land
within a national park or nature reserve.
(3) The Governor, by order made with the consent of
a Conservation Management Trust, may declare that
Trust to be the managing authority for any reserved land
in a class specified in section 31(2).
45
s. 29 No. National Parks and Reserves 2002
Management
(4) An order may not be made under subsection (3)
declaring a Conservation Management Trust to be the
managing authority for any reserved land unless there is a
management plan for that land.
(5) The Governor, by order, may declare the Director
to be the managing authority for
(a) land within a private sanctuary or private
nature reserve; or
(b) land vested in a public authority.
(6) An order may not be made under this section
(a) in respect of land within a private sanctuary
or private nature reserve without the consent
of the owner of that land; or
(b) in respect of land vested in a public authority
without the consent of the public authority; or
(c) in respect of land within a leased reserve
without the consent of the owner of the land.
(7) An order under this section in respect of any
reserved land may make provision with respect to
(a) the defraying of the expenses incurred under
this Act in relation to that land; and
(b) the application of any moneys received under
this Act by way of rents, charges or otherwise
in respect of the land
and the provisions of this Act and of any enactment
relating to any public authority that is the owner of, or the
managing authority for, that land have effect subject to
the provisions of the order.
46
2002 National Parks and Reserves No. s. 30
Management
(8) An order under this section may be revoked or
varied by a further order of the Governor.
(9) The Governor, by order, may declare that, on the
day specified in the order, an order under this section by
which the Director, a prescribed body or a Conservation
Management Trust is declared to be the managing
authority for any reserved land ceases to have effect and,
on that day, the Director, the prescribed body or the
Conservation Management Trust, as the case may be,
ceases to be the managing authority for that land.
Functions and powers of managing authority in
relation to reserved land
30. (1) Subject to this Act, the managing authority
(a) for any reserved land for which there is a
management plan is to manage that land for
the purpose of giving effect to the management
plan and in accordance with that plan; or
(b) for any other reserved land is to manage that
land
(i) in a manner that is consistent with the
purposes for which the land was
reserved; and
(ii) having regard to the management
objectives for the class of that reserved
land.
(2) For the purpose of the discharge of his, her or its
functions in relation to any reserved land, a managing
authority may do, or arrange for the doing of, all things he,
she or it considers necessary, including the erection or
construction of any buildings or other works and the
purchase or other acquisition of any things.
47
s. 31 No. National Parks and Reserves 2002
Management
(3) Without limiting the generality of subsection (2),
the powers conferred by that subsection include power
(a) to provide and maintain facilities and
conveniences for the use or benefit of persons
resorting to reserved land, and to charge for
the use of those facilities or conveniences; and
(b) to sell or let on hire to those persons, or
otherwise provide for the use of those persons,
goods and other things; and
(c) to obtain and use for the purpose of the
exercise of his, her or its powers under those
subsections any produce of, or materials in,
reserved land; and
(d) to make arrangements with any other person
for the doing of anything referred to in
paragraph (a), (b) or (c).
(4) The arrangements referred to in subsection (3)(d)
may be arrangements pursuant to which any person has
the right or obligation to do any of the things referred to in
subsection (2), and those arrangements may provide for
the furnishing of consideration in respect of the giving of
that right or the imposition of that obligation.
Establishment of Conservation Management Trust
31. (1) The Minister, by written instrument, may
establish a Conservation Management Trust to be a
managing authority for any reserved land for which there
is a management plan.
(2) A Conservation Management Trust may only be
the managing authority in respect of the following classes
of reserved land:
48
2002 National Parks and Reserves No. s. 32
Management
(a) conservation area;
(b) nature recreation area;
(c) regional reserve.
(3) The instrument establishing a Conservation
Management Trust is to specify the reserved land or group
of reserved lands in respect of which the Trust is the
managing authority.
Functions of Conservation Management Trust
32. (1) The function of a Conservation Management Trust
is to manage the land in respect of which it is the
managing authority in accordance with the provisions of
the management plan for that reserved land.
(2) The instrument establishing a Conservation
Management Trust
(a) is to specify the functions of the Conservation
Management Trust; and
(b) may specify any other matter that the
Minister considers necessary.
Membership of Conservation Management Trust
33. (1) A Conservation Management Trust is to consist of
any of the following persons appointed by the Minister:
(a) a person nominated by a council or the
councils with jurisdiction in the locality where
the reserved land or group of reserved lands is
situated;
49
s. 33 No. National Parks and Reserves 2002
Management
(b) a person nominated by a Landcare, Bushcare
or similar group constituted under the
authority of a council or the councils with
jurisdiction in the locality where the reserved
land or group of reserved lands is situated;
(c) a person nominated by a body that provides
facilities or services to tourists;
(d) a person nominated by a group whose
objectives or purposes in the opinion of the
Minister are conservation objectives or
purposes;
(e) a person nominated by a group whose
objectives or purposes in the opinion of the
Minister are recreational objectives or
purposes;
(f) a person nominated by the Aboriginal Land
Council of Tasmania;
(g) the Director or a person nominated by the
Director;
(h) a person nominated by the Secretary of the
responsible Department in relation to the
Nature Conservation Act 2002;
(i) a person nominated by any other group or
body that, in the opinion of the Minister, is
likely to contribute beneficially to the
management of the reserved land.
(2) The Minister is to appoint one of the persons
referred to in subsection (1) as chairperson of the Trust.
(3) Schedule 3 has effect with respect to the
membership and meetings of the Trust.
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2002 National Parks and Reserves No. s. 34
Management
Revocation of establishment of Conservation
Management Trust
34. (1) The Minister may revoke the establishment of a
Conservation Management Trust for any reason that the
Minister considers necessary by serving a notice to that
effect on each of the members of the Trust.
(2) On or after the revocation of the establishment of
a Conservation Management Trust, the Minister may give
directions as to
(a) the disposition of any accounts of the Trust;
and
(b) the transfer of any liabilities of the Trust.
Dealings with reserved lands
35. (1) A statutory power may not be exercised in relation
to any land in a national park, State reserve, nature
reserve, historic site or game reserve except where
(a) the exercise of the power is authorised by the
management plan for that land; or
(b) the power is a power under the Nature
Conservation Act 2002.
(2) Subject to any prohibition or restriction imposed
by a management plan under section 27(6), nothing in this
Act prevents the alienation of, or any other dealing in, any
reserved land that is in the class of conservation area,
nature recreation area, regional reserve, private sanctuary
or private nature reserve.
(3) Despite subsections (1) and (2), if, at the time
that any Crown land becomes reserved land or becomes
contained within the class of national park, State reserve,
51
s. 36 No. National Parks and Reserves 2002
Management
nature reserve, historic site or game reserve, there are
subsisting in respect of that land any private rights,
nothing in this Act prejudices or affects those rights and
they continue to subsist and may be dealt with, and the
like powers may be exercised in relation to them, as if that
land had not become reserved land or land contained
within any of those classes of reserved land.
(4) Despite subsection (3), the power under any Act
to terminate, discharge or otherwise abrogate any private
right over Crown land that is required for the purposes of
any other Act or for any public purpose may be exercised
in respect of any such right subsisting over reserved land
in any case where the Minister, on the recommendation of
the Director, certifies that the land should be freed from
that right for the purposes of this Act.
Prohibition on destroying trees
36. A person must not cut down a tree, or damage or
otherwise destroy a tree or a fallen tree, that is on
reserved land without the approval of the managing
authority.
Penalty: Fine not exceeding 500 penalty units or
imprisonment for a term not exceeding 2
years, or both.
Restriction of public access to reserved land
37. A management plan for any reserved land may declare
that the reserved land, or any part of the reserved land, is
a restricted area to which the public does not have a
general right of access.
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2002 National Parks and Reserves No. s. 38
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Prohibition on certain activities without business
licence
38. (1) A person who is not the holder of a business licence
must not, in reserved land that is also Crown land
(a) sell or hire out, offer or expose for sale or
hiring out, or have in his or her possession for
selling or hiring out, any article, material or
other thing; or
(b) provide, offer to provide or hold himself or
herself out as willing to provide any service or
facility for any monetary or other
consideration; or
(c) take or cause to be taken any photograph or
cine, video, movie or television film for or with
a view to any monetary or other consideration.
Penalty: Fine not exceeding 10 penalty units.
(2) This section does not apply to a person who holds
a lease or licence in force under section 48.
Application for business licence
39. (1) A person may apply to the Minister for a business
licence.
(2) An application is to be
(a) in writing; and
(b) accompanied by any prescribed fee; and
(c) accompanied by any information and
documents the Minister requires; and
(d) lodged with the Minister.
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(3) The Minister may remit any or all of the fee for
an application.
Granting of business licence
40. (1) The Minister may
(a) grant an application for a business licence,
with or without conditions; or
(b) refuse to grant the application.
(2) The Minister, by notice in writing, must notify
the applicant of
(a) the grant of the application; or
(b) the refusal to grant the application and the
reasons for the refusal.
Issue of business licence
41. (1) On granting an application for a business licence,
the Minister is to issue a business licence to the applicant.
(2) A business licence may be in a contractual form
or in any other form the Minister determines.
(3) A business licence may be subject to conditions.
Variation of conditions
42. At any time the Minister, by notice in writing to the
holder of a business licence, may vary the conditions of the
licence.
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2002 National Parks and Reserves No. s. 43
Management
Term of business licence
43. A business licence is in force for the period specified in
the licence.
Renewal of business licence
44. (1) The holder of a business licence may apply, before
the licence ceases to be in force, to the Minister for a
renewal of the licence.
(2) An application for renewal is to be
(a) in writing; and
(b) accompanied by any prescribed fee; and
(c) accompanied by any information and
documents the Minister requires; and
(d) lodged with the Minister.
(3) The Minister may
(a) grant an application, with or without
conditions; or
(b) refuse to grant the application.
(4) A licence is renewed
(a) for a period determined by the Minister; and
(b) subject to any conditions specified in the
licence as renewed.
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Transfer of business licence
45. (1) The holder of a business licence may apply to the
Minister for approval to transfer the licence.
(2) An application for approval to transfer a business
licence is to be
(a) in writing; and
(b) accompanied by any prescribed fee; and
(c) lodged with the Minister within 7 days before
the transfer is to take effect.
(3) The Minister may
(a) approve an application, with or without
conditions; or
(b) refuse to approve the application.
(4) A transfer
(a) is of no effect unless approved by the Minister;
and
(b) if approved, takes effect on the date of the
approval.
Cancellation of business licence
46. The Minister may cancel a business licence if
(a) requested to do so by the holder of the licence;
or
(b) the holder of the licence contravenes any
condition of the licence.
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2002 National Parks and Reserves No. s. 47
Management
Delegation to managing authority
47. The Minister may delegate any of his or her functions
or powers in relation to a business licence to the managing
authority for the reserved land, or part of the reserved
land, in respect of which the business licence applies.
Minister may grant leases and licences
48. (1) The Minister may grant leases of, or licences to
occupy, reserved land that is Crown land.
(2) A lease of, or licence to occupy, reserved land
that is Crown land may be in any form the Minister
determines.
(3) Subject to subsections (4), (5) and (6), a lease or
licence is granted for the period, and on the conditions,
approved by the Minister.
(4) A lease may not be granted for a period
exceeding 99 years.
(5) The Minister may not grant a lease or licence
that authorises or requires the lessee or licensee to erect a
building on land within a national park, State reserve,
nature reserve, game reserve or historic site unless the
erection of the building is permitted under the
management plan or the building is
(a) a building appurtenant to a building already
on the land; or
(b) a building that the Minister is satisfied is
intended to be used primarily for providing
(i) tourist accommodation or
accommodation for people resorting to
that land; or
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Management
(ii) facilities and conveniences for people
resorting to that land.
(6) The Minister may not grant a lease or licence
within a conservation area, nature recreation area or
regional reserve that authorises or requires the lessee or
licensee to erect a building unless the erection of that
building is consistent with
(a) the management objectives for the relevant
class of reserve; and
(b) any applicable management plan.
(7) Nothing in this section is to be construed as
prejudicing or affecting the operation of the Forestry Act
1920 or the Mineral Resources Development Act 1995.
(8) The Minister may delegate his or her powers
under this section to the Director.
Transfer of lease or licence
49. (1) The holder of a lease or licence in force under
section 48 may apply to the Minister for approval to
transfer the lease or licence.
(2) An application for approval to transfer a lease or
licence is to be
(a) in writing; and
(b) accompanied by any prescribed fee; and
(c) lodged with the Minister within 7 days before
the transfer is to take effect.
(3) The Minister may
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2002 National Parks and Reserves No. s. 50
Management
(a) approve an application, with or without
conditions; or
(b) refuse to approve the application.
(4) A transfer
(a) is of no effect unless approved by the Minister;
and
(b) if approved, takes effect on the date of the
approval.
Termination or surrender of lease
50. (1) A lease under section 48 of reserved land that is
Crown land may be
(a) terminated; or
(b) surrendered by the lessee
on terms and conditions agreed between the Minister and
the lessee.
(2) When a lease under section 48 of reserved land
that is Crown land
(a) is surrendered; or
(b) expires; or
(c) is terminated
all improvements on the land vest in the Crown
absolutely.
(3) Subsection (2) does not apply to a termination or
surrender of a lease for the purpose of its consolidation
with any other lease.
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(4) If a lease under section 48 of reserved land that
is Crown land is surrendered or terminated by mutual
agreement of the Minister and the lessee, and the Minister
receives money from the sale of improvements effected by
the lessee, including improvements paid for by the lessee
and taken over from the previous lessee, the Minister may,
in the Minister's absolute discretion
(a) pay to the lessee so much of the value of the
improvements as the Minister thinks fit, being
an amount not exceeding the amount received
by the Minister from the sale of the
improvements; or
(b) refuse to make any payment in respect of the
improvements.
Forfeiture or cancellation of lease for non-payment
of rent or breach of conditions
51. The Minister may cancel a lease, granted under
section 48, of reserved land that is Crown land if
(a) any rent due under the lease is not paid for a
period exceeding one month after it has
become due and remains unpaid at the end of
the period specified in a notice served on the
lessee by the Minister
(i) requesting the lessee to pay the rent
within the period so specified; and
(ii) advising the lessee that the lease will be
cancelled if the rent and any interest on
the rent at the prescribed rate is not
paid within the period so specified; or
(b) the Minister considers that the lessee has
committed a breach of any condition of the
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2002 National Parks and Reserves No. s. 52
Management
lease and, on notice served on the lessee by the
Minister specifying the breach and requiring
the lessee to satisfy the Minister within a
period specified in the notice that the lessee
has not committed the breach, the lessee fails
so to do.
Cancellation of lease where land required for public
or other purposes
52. (1) If, in the opinion of the Minister, reserved land
that is Crown land subject to a lease under section 48
(a) is required for a public purpose; or
(b) is required for the purpose of any other Act; or
(c) should be made available for a purpose which
the Minister considers desirable in the public
interest
the Minister, after giving the lessee the notice referred to
in subsection (2) and by notice in the Gazette, may cancel
the lease in respect of that land.
(2) At least 3 months before cancelling a lease under
subsection (1), the Minister is to give the lessee written
notice specifying
(a) the land or portion of the land which is
required or should be made available; and
(b) the purpose or purposes for which the land is
required or should be made available.
(3) If a lease is cancelled as to a portion of the land
comprised in the lease
(a) the lease has effect in respect of the land
remaining under the lease; and
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(b) the Director is to determine the rent payable
under the lease in respect of that land.
(4) On the determination under subsection (3)(b) of
the rent to be payable, that rent becomes payable under
the lease.
(5) In determining the rent payable under
subsection (3)(b), the Director is to make due allowance for
any diminution in the relative value of the land
(a) by reason of the reduction in the area of land
held under the lease; and
(b) by reason of such other matters as the Director
thinks fit.
(6) A notice under subsection (2) is not a statutory
rule within the meaning of the Rules Publication Act 1953.
Compensation for improvements where lease
cancelled for public or other purpose
53. (1) If a lease under section 48 is cancelled as provided
by section 52, the Minister must pay to the lessee
compensation for improvements effected by the lessee for
the purposes for which the lease was granted, including
any improvements paid for by the lessee and taken over
from the previous lessee, but no compensation is payable
in respect of any improvements effected after the giving of
a notice under section 52(2).
(2) The compensation payable is to be determined by
valuation.
(3) The Minister is to cause notice of the amount of
compensation payable to a lessee to be served on the
lessee.
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2002 National Parks and Reserves No. s. 54
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(4) A lessee who is aggrieved by the amount of
compensation payable to the lessee may apply to the
Magistrates Court (Administrative Appeals Division) for a
review of the determination of the amount of
compensation.
Compensation payable on non-renewal of certain
leases
54. (1) If, on the expiration by effluxion of time of a lease
of reserved land that is Crown land granted under
section 48 for agricultural or grazing purposes, the
Minister decides not to renew the lease, the Minister must
pay to the lessee compensation for the improvements
effected by the lessee for the purposes for which the lease
was granted, including any improvements paid for by the
lessee and taken over from the previous lessee.
(2) Compensation is not payable in respect of any
improvements unless the improvements were approved by
the Minister before being carried out.
(3) The compensation payable is the amount
(a) determined by the Director, on the
recommendation of the Valuer-General, to be
the fair and reasonable value of the
improvements; and
(b) approved by the Minister.
Improvements on land held under licence
55. (1) Compensation is not payable in respect of
improvements carried out on land held or occupied under a
licence granted under section 48 unless the Minister
directs that the land or an improvement on the land is
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s. 55 No. National Parks and Reserves 2002
Management
required for a public purpose, in which case the Minister
must pay compensation for the improvement in accordance
with this section.
(2) Any compensation payable in respect of an
improvement is the amount
(a) determined by the Director, on the
recommendation of the Valuer-General, to be
the fair and reasonable value of the
improvement; and
(b) approved by the Minister.
(3) If a person who has been offered an amount of
compensation assessed in accordance with subsection (2)
(a) does not accept the offer within 30 days of
receiving it; or
(b) informs the Minister that the amount offered
does not represent the fair and reasonable
value of the improvement
the matter is to be taken to be a disputed claim for
compensation within the meaning of the Land Acquisition
Act 1993 and compensation is to be determined in
accordance with that Act as if the improvement were an
estate or interest compulsorily acquired under that Act,
except that in determining the amount of compensation
under that Act regard may only be had to the fair and
reasonable value of the improvement.
(4) If the Minister does not make a direction under
subsection (1), any improvement on the land may be
removed.
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2002 National Parks and Reserves No. s. 56
Management
Community service contributions payable by
holders of private rights within reserved lands
56. (1) In this section, "community service" includes
the supply or provision of access roads, parking areas,
sewerage and garbage disposal services, water, electricity,
piers, jetties and boat ramps.
(2) The Director
(a) from time to time is to determine the
contribution to be paid by the holder of a
private right within reserved land towards the
cost incurred by the managing authority for
the land in providing any community service
from which the holder of that right benefits;
and
(b) on making such a determination, is to cause
notice of the amount of the contribution
payable by the holder of the private right to be
served on him or her personally or by
registered post addressed to him or her at his
or her usual or last-known place of abode or
business.
(3) The amount of a contribution to be paid by the
holder of a private right
(a) is payable on the expiration of 3 months from
the date of the service of the notice on him or
her under subsection (2)(b); and
(b) is recoverable by the managing authority for
the relevant reserved land in a court of
competent jurisdiction.
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Management
Fencing of reserved Crown land
57. (1) If between any reserved lands (being Crown land
or land in a leased reserve) and adjoining lands there is no
sufficient fence or no rabbit-proof fence, the Director, with
the approval of the Minister
(a) may cause
(i) a sufficient fence or a rabbit-proof fence
to be erected between those lands; or
(ii) any fence between those lands to be
converted into a rabbit-proof fence; and
(b) subject to this section, may recover from the
owner of those adjoining lands half the cost
reasonably incurred in erecting that fence, or
converting the existing fence, as a debt due to
the Crown.
(2) The Director is not entitled, under subsection (1),
to recover from the owner of any lands referred to in that
subsection any part of the costs incurred in the erection or
conversion of any fence between reserved lands and those
lands unless the erection or conversion is carried out in a
manner specified in a notice served by the Director on the
owner of those lands at least 30 days before the
commencement of the erection or conversion of the fence or
in such other manner as may be agreed between the
Director and the owner of those lands.
(3) Part IV of the Boundary Fences Act 1908 applies
to any dispute arising under this section as it applies to
disputes arising under that Act and, for the purposes of
the provisions of that Act as so applied, the Director is to
be treated as the owner of the reserved lands to which this
section applies.
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2002 National Parks and Reserves No. s. 58
Management
(4) Section 47 of the Boundary Fences Act 1908
applies to the service of notices under this section as it
applies to the service of notices under that Act.
(5) Words and expressions used in this section have
the same meaning as they have for the purposes of the
Boundary Fences Act 1908.
Saving for leased reserves and trust land
58. Nothing in this Part authorises
(a) the disposition of, or any other dealing with, a
leased reserve contrary to the terms of the
lease under which it is held; or
(b) the disposition of, or any other dealing with,
any trust land in breach of the trust relating to
that land.
Notable buildings and places
59. (1) The Director, with the consent of the owner of any
land affected, may
(a) on any building, structure or tree, place and
maintain plaques, plates, boards or other
notices indicating any matter of historical,
archaeological, architectural or scientific
interest relating to the building, structure or
tree; and
(b) erect and maintain cairns or other monuments
to mark sites of historical or archaeological
interest; and
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Management
(c) restore, repair, preserve or maintain any
grave, monument or tree of historical or
archaeological interest; and
(d) erect and maintain guideposts to any place,
building, structure, tree or object of historical,
archaeological, architectural, scientific or
scenic interest.
(2) In exercising the powers conferred by
subsection (1)(d), the Director is to consult with the chief
executive officer of Tourism Tasmania.
(3) Except with the consent of the Director, a person
must not remove, destroy, damage or disfigure anything
placed, erected, restored, repaired or maintained under
this section.
Penalty: Fine not exceeding 10 penalty units or
imprisonment for a term not exceeding 6
months, or both such fine and
imprisonment.
Regulations for reserved land
60. (1) Without limiting the matters in respect of which
the regulations may be made, the regulations may make
provision with respect to the care, control and
management of any area of reserved land, including but
not limited to
(a) the preservation or protection of the fauna or
flora of, or of any living things kept in, the
area of reserved land; and
(b) any conservation purpose or any management
objective specified in Schedule 1; and
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2002 National Parks and Reserves No. s. 60
Management
(c) the prevention of damage or injury to the area
of reserved land or to the property or other
things in that area; and
(d) the preservation or protection of the area of
reserved land or the property or other things
in that area; and
(e) the prohibition or control of the removal of any
property or other things from the area of
reserved land; and
(f) the prohibition or control of the bringing into,
or over, or the use or possession in or over, the
area of land of any conveyance or thing; and
(g) the taking in the area of reserved land of
wildlife in the form of game, if it is a game
reserve, conservation area or regional reserve;
and
(h) the seizure, destruction or killing of creatures
found in the area of reserved land; and
(i) the conduct of persons in the area of reserved
land; and
(j) the exclusion or ejection of persons from the
area, or any part of the area, of reserved land;
and
(k) the making and collection of charges for
admission to, or the use of a public highway in,
the area, or any part of the area, of reserved
land.
(2) Regulations may not be made prohibiting any
person from entering, or remaining in, any area of
reserved land (other than a restricted area) unless
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(a) that prohibition is imposed on account of his or
her conduct or condition; or
(b) that prohibition is a prohibition on his or her
entering, or remaining in, that area otherwise
than in the company of a ranger or other
prescribed person; or
(c) that prohibition is necessary for the proper
care, control or management of that area.
(3) Regulations made for the purposes specified in
subsection (1) may apply to
(a) specified reserved land; or
(b) a specified part of any reserved land; or
(c) a specified group of reserved lands; or
(d) a specified class of reserved land.
(4) Regulations made for the purposes specified in
subsection (1) may
(a) confer powers and discretions on the Director,
a ranger and any other prescribed person in
relation to the matters referred to in that
subsection; and
(b) provide that a contravention of such a
regulation is an offence; and
(c) in respect of such an offence, provide for the
imposition of a fine not exceeding 50 penalty
units.
(5) A regulation made for the purposes of
subsection (1)(h) may not be made authorising the
destruction or killing of a creature unless
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2002 National Parks and Reserves No. s. 60
Management
(a) that creature is not under the proper and
efficient control of some person; or
(b) its presence on the area of reserved land on
which it is found is, in the opinion of the
person authorised to seize it, causing or likely
to cause injury or damage to, or likely to
disturb
(i) the fauna or flora of any reserved land;
or
(ii) any living things kept on any reserved
land.
(6) Subject to section 27(1)(c), regulations made for
the purposes specified in subsection (1) do not prohibit the
doing of anything in a private sanctuary or private nature
reserve by the owner or occupier of that sanctuary or
reserve, or of any person acting on the owner's authority,
that the owner or person would have been entitled to do if
those regulations had not been made.
(7) Nothing in this section prejudices or affects the
exercise of any authority given by a permit granted under
the Nature Conservation Act 2002.
(8) No action lies in respect of the failure of any
person to exercise a power conferred on him or her by
regulations made for the purposes specified in
subsection (1) to exclude or eject any other person from
any land.
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PART 4 PROVISIONS RELATING TO
ENFORCEMENT
Interpretation of "found offending"
61. 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
62. (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 private sanctuary or
private nature reserve may require any person trespassing
on that sanctuary or reserve who he or she has reasonable
grounds for believing has committed, or is committing, an
offence against this Act
(a) to state his or her name and residential
address; and
(b) to leave that sanctuary or reserve.
(4) A person who, when required under this section
to state his or her name and residential address, fails or
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2002 National Parks and Reserves No. s. 63
Management
refuses to do so or gives a name or residential address that
is false is guilty of an offence.
(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.
63. An authorised officer may require any person to
produce any licence, permit or other document issued to
the person under this Act or the Nature Conservation 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
64. (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 that
wildlife and any products of that wildlife, those products or
that plant.
(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
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Management
licence, permit or other document has committed an
offence under this Act.
(5) An authorised officer may seize any record or
document 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 Director or a
person authorised by the Director, 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 the
officer is entitled to seize under this Act is guilty of an
offence.
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2002 National Parks and Reserves No. s. 65
Management
Powers of entry and search
65. (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) 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.
(3) In exercising the powers conferred, or in
performing the functions imposed, by section 64 or this
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 or on 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 wildlife; or
(ii) that appears to indicate that an offence
under this Act has been, or is being,
committed;
(c) in or on any premises, conveyance or container
lawfully entered, open any container.
(4) 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
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person's employees or agents, to afford the authorised
officer such assistance as he or she may require.
(5) 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.
(6) In exercising the powers conferred, or in
performing the functions imposed, by section 64 or this
section, an authorised officer must not enter any premises,
or any part of premises, used as a principal residence
except where the officer has obtained a warrant under
subsection (7) or the permission of the occupier to enter
the residence.
(7) 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 64 or this section in those premises or
that part.
(8) A warrant issued under subsection (7)
(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
66. An authorised officer may arrest, without warrant,
any person found offending who
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(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.
Commencing proceedings
67. 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
68. Except where otherwise provided, 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
69. (1) The holder of a licence or other document issued
under this Act who is charged with an offence under this
Act must produce the licence 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.
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(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 or other document
issued to the person under this Act;
(b) prohibiting the person from applying for, or
being granted or issued, a licence 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 or other document
under subsection (3) takes effect on the day on which the
order is made.
(5) If a licence or other document is ordered to be
cancelled under subsection (3), the clerk of the court is to,
if that licence or other document is available to the clerk
(a) endorse on that licence or other document a
statement that the licence or other document
has been cancelled; and
(b) cause that licence or other document to be
delivered to the Director.
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2002 National Parks and Reserves No. s. 70
Management
Cancellation of firearms licence
70. (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;
(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 that 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
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business or employment last known to the
server of the notice.
Contravention of order under section 69(3)(c)
71. (1) A person who contravenes or fails to comply with
an order made under section 69(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
(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
72. (1) Any wildlife, products of wildlife or plants taken,
had in possession 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
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2002 National Parks and Reserves No. s. 73
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(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
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 64(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 Director determines.
Compensation on conviction for offences
73. (1) In this section, "appropriate authority" means
(a) in the case of an offence under section 59, the
Director; or
(b) in the case of any other offence that is
committed on reserved land, the managing
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authority for the land or, if there is no
managing authority, the owner of the land; or
(c) in any other case, 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
74. (1) This section applies to authorised officers and
persons prescribed under section 60(4).
(2) No action lies in respect of the giving of advice, or
the failure to give advice, by any person to whom this
section applies while he or she is acting in good faith in the
administration of this Act.
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PART 5 INFRINGEMENT NOTICES AND VEHICLE
INFRINGEMENT NOTICES
Interpretation
75. (1) In this Part
"approved" means approved by the Director;
"infringement notice" means an infringement
notice served under section 76(1);
"registered operator" of a motor vehicle or a
trailer means
(a) the registered operator for the purposes
of the Vehicle and Traffic Act 1999 or the
corresponding law of another State or a
Territory; and
(b) in the case of a vehicle to which a trade
plate or similar device is affixed under
the Vehicle and Traffic Act 1999 or a
corresponding law of another State or a
Territory, the person to whom the trade
plate or similar device was issued; and
(c) in the case of a vehicle for which a short
term unregistered vehicle permit under
the Vehicle and Traffic Act 1999 or a
similar authorisation under the
corresponding law of another State or a
Territory has been issued, the person to
whom the permit or authorisation was
issued;
"specified penalty" means the penalty specified in
an infringement notice;
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"vehicle infringement notice" means a vehicle
infringement notice served under
section 76(2);
"withdrawal notice" means a withdrawal notice
served under section 77(2).
(2) A reference in this Part to the withdrawal of an
infringement notice or a vehicle infringement notice is a
reference to the withdrawal of the notice under section 77.
Service and acceptance of infringement notices and
vehicle infringement notices
76. (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 authorised officer may serve a vehicle
infringement notice on the registered operator of a vehicle
if of the opinion that the vehicle has been used in relation
to a prescribed offence.
(3) An infringement notice or a vehicle 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
(iv) any other prescribed details.
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(4) An infringement notice or a vehicle 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.
(5) Subject to subsection (6), a person may accept an
infringement notice or a vehicle 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.
(6) If an infringement notice or a vehicle
infringement notice served on a person has not been
accepted by the person in either of the ways prescribed in
subsection (5) 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 or vehicle infringement notice.
(7) 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.
(8) If an infringement notice or a vehicle
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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(9) Whether or not an infringement notice or a
vehicle 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 (6); 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.
(10) 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.
(11) Acceptance of an infringement notice or a
vehicle 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 and vehicle
infringement notices
77. (1) An infringement notice or vehicle 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 76(6); or
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2002 National Parks and Reserves No. s. 78
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(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 or a vehicle infringement notice served
on a person is withdrawn by the service on that person of a
withdrawal notice signed by an authorised officer stating
that the infringement notice or vehicle infringement notice
has been withdrawn.
(3) If an infringement notice or a vehicle
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 or a vehicle
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 prescribed penalty
78. (1) If an undertaking referred to in section 76(5)(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.
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(3) In giving directions under subsection (1), the
clerk is to give such directions as, having regard to any
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
79. (1) An infringement notice is to be served on a person
by an authorised officer delivering it to the person.
(2) A vehicle infringement notice may be served by
affixing it to the vehicle in respect of which the offence
occurred.
(3) A person must not remove a vehicle infringement
notice affixed to a vehicle so that the contents of the notice
do not become known to the person in charge of the
vehicle.
Penalty: Fine not exceeding one penalty unit.
(4) A withdrawal notice is to be served on a person
by delivering it to the person or by post.
(5) A notification under section 76(6) 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 or vehicle
infringement notice.
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Penalty to be paid into Consolidated Fund
80. Any sum paid to a clerk of petty sessions under this
Part by way of penalty is to be paid into the Consolidated
Fund.
Proceedings in relation to motor vehicle offences
81. (1) Unless the registered operator of a motor vehicle
used in relation to a prescribed offence establishes a
defence under this section, the registered operator is guilty
of the offence whether or not the registered operator was
driving, or in charge of, the motor vehicle at the time of the
offence.
(2) It is a defence to proceedings in relation to a
prescribed offence for the defendant to establish that he or
she was not driving, or in charge of, the motor vehicle at
the time of the occurrence of the offence.
(3) A person is not entitled to rely on a defence
under subsection (2) unless, within 21 days of being served
with a complaint and summons relating to the offence, the
person gives to the clerk of the court specified in the
summons
(a) written notice of the intention to rely on that
defence; and
(b) a statutory declaration stating that at the time
of the occurrence of the offence
(i) the motor vehicle was being driven
without the person's knowledge or
consent; or
(ii) the motor vehicle was in the charge of
another person and stating the name of
that other person; or
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(iii) the first-mentioned person had no right
or interest in the motor vehicle.
(4) Proceedings must not be heard in relation to a
prescribed offence unless the defendant referred to in the
complaint and summons was, at the time of being served
with the complaint and summons, notified in writing of the
provisions of this section.
(5) A complaint and summons to which this section
relates is to contain an address at which a notice under
subsection (3) may be lodged.
(6) A statutory declaration under subsection (3)(b)
naming a person as being in charge of the motor vehicle is
evidence in any proceedings for a prescribed offence that
that person was at all relevant times relating to that
offence in charge of the motor vehicle.
(7) Subsections (1), (2), (3), (4), (5) and (6) do not
apply if a vehicle infringement notice is served by handing
the notice to a person observed to be driving, or in charge
of, the motor vehicle at the time of, or immediately
following, the alleged commission of the offence.
(8) If a penalty has been imposed on, or recovered
from, any person in relation to a prescribed offence, a
further penalty must not be imposed on, or recovered from,
any other person in relation to the offence.
More than one registered operator
82. (1) If there are 2 registered operators of a motor
vehicle, proceedings for a prescribed offence may be
brought against one of those registered operators or
against both of them jointly.
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(2) If there are 2 registered operators of a motor
vehicle, a court may find the defendant or each of the
defendants guilty of an offence if satisfied that
(a) an offence has been committed; and
(b) a defence is not established under
section 81(2).
(3) If a fine is imposed on 2 registered operators of a
motor vehicle who have been found guilty of a prescribed
offence, the total of any fines imposed in respect of that
offence is not to exceed the maximum fine that could have
been imposed if only one of them had been found guilty of
that offence.
Regulations for this Part
83. 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:
(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 6 MISCELLANEOUS
Capacity, &c., to consent
84. (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
85. (1) In this section, "officer" means the Director, 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.
86. (1) In this section
"dependants" has the same meaning as in the
Workers Rehabilitation and Compensation Act
1988;
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"officer" means the Director, 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 or her 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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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 Director, determines.
(6) Compensation under this section is to be
calculated in accordance with the Workers Rehabilitation
and Compensation Act 1988.
(7) If so required by the Director, a ranger or other
person by whom, or on whose behalf, compensation under
this section is claimed is to submit to the Director such
evidence in support of his or her claim, and such medical
certificates, as the Director 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
87. (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 may not be applied
otherwise than for that purpose.
(2) Any interest arising from the investment of
moneys paid into an account established pursuant to this
section is to be paid into that account.
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2002 National Parks and Reserves No. s. 88
Management
(3) Nothing in this section prejudices or affects the
operation of any trust to which any money or other
property is subject.
Expenses of Act
88. (1) In this section, "special local account" means an
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 Director 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.
(3) In accordance with Part III of the Public Account
Act 1986, special deposit accounts and trust accounts may
be established with respect to specified reserved lands of
which the Director is the managing authority pursuant to
section 29(1).
(4) Except as the Treasurer otherwise directs, there
is to be paid into a special local account established in
respect of any reserved lands
(a) all moneys received by, or on behalf of, the
Director in the exercise of his or her functions
as managing authority for those lands; and
(b) all moneys received by way of rent, or
otherwise, in respect of leases or licences
granted under section 48 in respect of those
lands.
(5) Except as the Treasurer otherwise directs, the
moneys for the time being standing to the credit of a
special local account established in respect of any reserved
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lands are to be applied, as the Director determines, in
meeting expenses incurred in the exercise of his or her
functions as managing authority for those lands.
Delegation by Director
89. (1) The Director may delegate any of his or her
functions or powers under this Act, other than this power
of delegation, to a State Service officer or State Service
employee.
(2) Despite subsection (1), the Director may not
delegate any of his or her functions or powers under this
Act to a State Service officer or State Service employee
employed in a State Service Agency other than the
Department unless the Head of that Agency has consented
to that delegation.
Delegation by Minister
90. Subject to section 47 and section 48(8), the Minister
may delegate to any person any of his or her functions or
powers under this Act other than this power of delegation.
Regulations
91. (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),
the regulations may make provision for or with respect
to
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(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
(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 Director 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.
(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
92. The savings and transitional provisions set out in
Schedule 4 have effect.
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Administration of Act
93. 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 Tourism, Parks and Heritage;
and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Tourism, Parks, Heritage and
the Arts.
Acts repealed
94. The Acts specified in Schedule 5 are repealed.
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SCHEDULE 1 OBJECTIVES FOR MANAGEMENT
OF RESERVED LAND
Section 3(1)
Column 1 Column 2
Class of Management objectives
reserved
land
1. National The following objectives:
park
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
(e) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the national
park, or both;
(f) to encourage research,
particularly that which
furthers the purposes
of reservation;
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Column 1 Column 2
Class of Management objectives
reserved
land
(g) to protect the national
park against, and
rehabilitate the
national park
following, adverse
impacts such as those
of fire, introduced
species, diseases and
soil erosion on the
national park's natural
and cultural values
and on assets within
and adjacent to the
national park;
(h) to encourage and
provide for tourism,
recreational use and
enjoyment consistent
with the conservation
of the national park's
natural and cultural
values;
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2002 National Parks and Reserves No. sch. 1
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Column 1 Column 2
Class of Management objectives
reserved
land
(i) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives;
(j) to preserve the natural,
primitive and remote
character of wilderness
areas.
2. State reserve The following objectives:
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
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land
(e) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives;
(f) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the State
reserve, or both;
(g) to encourage research,
particularly that which
furthers the purposes
of reservation;
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reserved
land
(h) to protect the State
reserve against, and
rehabilitate the State
reserve following,
adverse impacts such
as those of fire,
introduced species,
diseases and soil
erosion on the State
reserve's natural and
cultural values and on
assets within and
adjacent to the State
reserve;
(i) to encourage tourism,
recreational use and
enjoyment consistent
with the conservation
of the State reserve's
natural and cultural
values.
3. Nature The following objectives:
reserve
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
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reserved
land
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
(e) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the nature
reserve, or both;
(f) to encourage research,
particularly that which
furthers the purposes
of reservation;
(g) to protect the nature
reserve against, and
rehabilitate the nature
reserve following,
adverse impacts such
as those of fire,
introduced species,
diseases and soil
erosion on the nature
reserve's natural and
cultural values and on
assets within and
adjacent to the nature
reserve;
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reserved
land
(h) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives.
4. Game reserve The following objectives:
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
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reserved
land
(e) to provide for the
taking, on an
ecologically sustainable
basis, of designated
game species for
commercial or private
purposes, or both;
(f) to encourage
appropriate tourism,
recreational use and
enjoyment, particularly
sustainable
recreational hunting;
(g) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the game
reserve, or both;
(h) to encourage research,
particularly that which
furthers the purposes
of reservation;
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Column 1 Column 2
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reserved
land
(i) to protect the game
reserve against, and
rehabilitate the game
reserve following,
adverse impacts such
as those of fire,
introduced species,
diseases and soil
erosion on the game
reserve's natural and
cultural values and on
assets within and
adjacent to the game
reserve;
(j) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives.
5. Conservation The following objectives:
area
(a) to conserve natural
biological diversity;
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reserved
land
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
(e) to provide for the
controlled use of
natural resources,
including as an adjunct
to utilisation of marine
resources;
(f) to provide for
exploration activities
and utilisation of
mineral resources;
(g) to provide for the
taking, on an
ecologically sustainable
basis, of designated
game species for
commercial or private
purposes, or both;
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Column 1 Column 2
Class of Management objectives
reserved
land
(h) to provide for other
commercial or
industrial uses of
coastal areas;
(i) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the
conservation area, or
both;
(j) to encourage research,
particularly that which
furthers the purposes
of reservation;
(k) to protect the
conservation area
against, and
rehabilitate the
conservation area
following, adverse
impacts such as those
of fire, introduced
species, diseases and
soil erosion on the
conservation area's
natural and cultural
values and on assets
within and adjacent to
the conservation area;
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reserved
land
(l) to encourage
appropriate tourism,
recreational use and
enjoyment (including
private uses) consistent
with the conservation
of the conservation
area's natural and
cultural values;
(m) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives.
6. Nature The following objectives:
recreation
area
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
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Column 1 Column 2
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reserved
land
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
(e) to encourage tourism,
recreational use and
enjoyment consistent
with the conservation
of the nature
recreation area's
natural and cultural
values;
(f) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the nature
recreation area, or
both;
(g) to encourage research,
particularly that which
furthers the purposes
of reservation;
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Column 1 Column 2
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reserved
land
(h) to protect the nature
recreation area
against, and
rehabilitate the nature
recreation area
following, adverse
impacts such as those
of fire, introduced
species, diseases and
soil erosion on the
nature recreation
area's natural and
cultural values and on
assets within and
adjacent to the nature
recreation area;
(i) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives;
(j) to provide for
exploration activities
and utilisation of
mineral resources.
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Class of Management objectives
reserved
land
7. Regional The following objectives:
reserve
(a) to provide for mineral
exploration activities
and utilisation of
mineral resources;
(b) to provide for the
controlled use of other
natural resources;
(c) to conserve natural
biological diversity;
(d) to conserve geological
diversity;
(e) to preserve the quality
of water and protect
catchments;
(f) to conserve sites or
areas of cultural
significance;
(g) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the regional
reserve, or both;
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Column 1 Column 2
Class of Management objectives
reserved
land
(h) to encourage research,
particularly that which
furthers the purposes
of reservation;
(i) to protect the regional
reserve against, and
rehabilitate the
regional reserve
following, adverse
impacts such as those
of fire, introduced
species, diseases and
soil erosion on the
regional reserve's
natural and cultural
values and on assets
within and adjacent to
the regional reserve;
(j) to encourage tourism,
recreational use and
enjoyment consistent
with the conservation
of the regional
reserve's natural and
cultural values;
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Column 1 Column 2
Class of Management objectives
reserved
land
(k) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives;
(l) to provide for the
taking, on an
ecologically sustainable
basis and where
appropriate, of
designated game
species for commercial
or private purposes, or
both.
8. Historic site The following objectives:
(a) to conserve sites or
areas of historic
cultural significance;
(b) to conserve natural
biological diversity;
(c) to conserve geological
diversity;
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reserved
land
(d) to preserve the quality
of water and protect
catchments;
(e) to encourage education
based on the purposes
of reservation and the
natural or cultural
values of the historic
site, or both;
(f) to encourage research,
particularly that which
furthers the purposes
of reservation;
(g) to protect the historic
site against, and
rehabilitate the
historic site following,
adverse impacts such
as those of fire,
introduced species,
diseases and soil
erosion on the historic
site's natural and
cultural values and on
assets within and
adjacent to the historic
site;
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Column 1 Column 2
Class of Management objectives
reserved
land
(h) to encourage tourism,
recreational use and
enjoyment consistent
with the conservation
of the historic site's
natural and cultural
values;
(i) to encourage
cooperative
management programs
with Aboriginal people
in areas of significance
to them in a manner
consistent with the
purposes of reservation
and the other
management
objectives.
9. Private The following objectives:
sanctuary
(a) to conserve natural
biological diversity;
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
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reserved
land
(d) to conserve sites or
areas of cultural
significance;
(e) to encourage research,
particularly that which
furthers the purposes
of reservation;
(f) to protect the private
sanctuary against, and
rehabilitate the private
sanctuary following,
adverse impacts such
as those of fire,
introduced species,
diseases and soil
erosion on the private
sanctuary's natural
and cultural values
and on assets within
and adjacent to the
private sanctuary.
10. Private The following objectives:
nature
reserve
(a) to conserve natural
biological diversity,
particularly in relation
to identified species,
communities or
habitats;
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reserved
land
(b) to conserve geological
diversity;
(c) to preserve the quality
of water and protect
catchments;
(d) to conserve sites or
areas of cultural
significance;
(e) to encourage research,
particularly that which
furthers the purposes
of reservation;
(f) to protect the private
nature reserve against,
and rehabilitate the
private nature reserve
following, adverse
impacts such as those
of fire, introduced
species, diseases and
soil erosion on the
private nature
reserve's natural and
cultural values and on
assets within and
adjacent to the private
nature reserve.
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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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(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 PROVISIONS WITH RESPECT TO
MEMBERSHIP AND MEETINGS OF A
CONSERVATION MANAGEMENT TRUST
Section 33(3)
Interpretation
1. In this Schedule, "Trust" means a Conservation
Management Trust established under section 31.
Terms and conditions of office of members of Trust
2. (1) A member of a Trust
(a) is to be appointed for such period as the
Minister thinks fit and is to hold and vacate
office in accordance with the terms of his or
her appointment or reappointment; and
(b) may be removed from office by the Minister by
notice in writing addressed and delivered to
that member; and
(c) may at any time resign his or her office by
notice in writing addressed and delivered to
the Minister.
(2) The terms and conditions of office of a member of
a Trust, with respect to matters not provided for in this
Schedule, are as determined by the Minister.
Change of name of body which member of Trust
represents
3. If the body referred to in paragraph (f) of section 33(1)
changes its name to another name or ceases to exist under
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the name referred to in that paragraph, the Minister may,
by order, amend that paragraph
(a) by substituting for the name of the body that
other name; or
(b) by substituting for the name of the body the
name of some other body which he or she is
satisfied represents substantially the same
interests as those represented by the first-
mentioned body.
Appointment of substitute to act during absence of
member of Trust
4. If a member of a Trust is unable for any reason to carry
out his or her functions as such a member for any period,
the Minister may appoint a person who, in his or her
opinion, is suitably qualified to act in place of that member
during that period, and that person is, for that period,
taken to be a member of the Trust to act in the place of
that member during that period.
Convening of meetings
5. Meetings of a Trust may be convened by the
chairperson of the Trust or by any 2 or more members of
the Trust.
Quorum
6. Five members of a Trust constitute a quorum of the
Trust.
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Presiding at meetings
7. (1) The chairperson of a Trust is to preside at all
meetings of the Trust at which he or she is present.
(2) If the chairperson of a Trust is not present at a
meeting of the Trust, a member of the Trust elected by the
members present is to preside at that meeting.
Decision of meeting
8. A decision carried by a majority of the votes of the
members present at a meeting of a Trust is to be a decision
of the Trust.
Power of Trust to regulate its own procedure
9. Subject to this Schedule, the procedure for the calling of
meetings of a Trust and for the conduct of business at
those meetings is to be as determined by the Trust.
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SCHEDULE 4 SAVINGS AND TRANSITIONAL
PROVISIONS
Section 92
Interpretation
1. In this Schedule, "repealed Act" means the National
Parks and Wildlife Act 1970.
Leases, licences, warrants and other authorities
2. A lease, licence, warrant or other authority in force
under a provision of the repealed Act that corresponds to a
provision of this Act, or taken to be such a lease, licence,
warrant or other authority, immediately before the
commencement day, is taken to have been made under
that provision of this Act.
Management plans
3. (1) A management plan prepared or approved and in
force, immediately before the commencement day, under
the repealed Act is taken to have been prepared or
approved and to be in force as a management plan under
this Act.
(2) An act done by the Director or any other person
in relation to the preparation or amendment of a
management plan under the repealed Act is taken to have
been done under this Act.
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Director
4. The appointment of the Director of National Parks and
Wildlife that was in effect under the repealed Act
immediately before the commencement day continues
according to its terms and is taken to be an appointment
as the Director under this Act.
Rangers
5. The appointment of a ranger that was in effect under
the repealed Act immediately before the commencement
day continues according to its terms and is taken to be an
appointment as a ranger under this Act.
National Parks and Wildlife Advisory Council
6. The appointment of a person as a member or
chairperson of the National Parks and Wildlife Advisory
Council that was in effect under the repealed Act
immediately before the commencement day continues
according to its terms and is taken to be an appointment
as a member or chairperson of that Council under this Act.
National Parks and Reserved Land Regulations 1999
7. The National Parks and Reserved Land Regulations
1999 are taken to have been made under this Act.
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SCHEDULE 5 ACTS REPEALED
Section 94
National Parks and Wildlife Act 1970 (No. 47 of 1970)
National Parks and Wildlife Amendment Act 2001 (No. 12
of 2001)
National Parks and Wildlife Amendment Act (No. 2) 2001
(No. 32 of 2001)
National Parks and Wildlife Amendment Act (No. 3) 2001
(No. 87 of 2001)
National Parks and Wildlife Amendment (Conservation
Covenants) Act 2002 (No. 18 of 2002)
Government Printer, Tasmania 127