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TASMANIA
__________
NATIONAL PARKS AND WILDLIFE
SEPARATION (CONSEQUENTIAL
AMENDMENTS) BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Land Use Planning and Approvals Amendment Act (No.
2) 2001 or Land Use Planning and Approvals Act 1993
amended
4. Consequential amendments to Acts
5. Consequential amendments to subordinate legislation
Schedule 1 Consequential Amendments to Acts
Schedule 2 Consequential Amendments to Subordinate
Legislation
[Bill 99]-VII
2
NATIONAL PARKS AND WILDLIFE
SEPARATION (CONSEQUENTIAL
AMENDMENTS) BILL 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend certain Acts consequent on the
enactment of the National Parks and Reserves
Management Act 2002 and the Nature Conservation
Act 2002
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:
Short title
1. This Act may be cited as the National Parks and
Wildlife Separation (Consequential Amendments) Act 2002.
Commencement
2. This Act commences on the day on which the National
Parks and Reserves Management Act 2002 commences.
THIS BILL IS COGNATE WITH THE NATIONAL PARKS AND RESERVES
MANAGEMENT BILL 2002
[Bill 99] 3
s. 3 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
Land Use Planning and Approvals Amendment Act
(No. 2) 2001 or Land Use Planning and Approvals
Act 1993 amended
3. (1) If this Act commences before section 4 of the Land
Use Planning and Approvals Amendment Act (No. 2) 2001
commences, that section is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
(2) If section 4 of the Land Use Planning and
Approvals Amendment Act (No. 2) 2001 commences before
this Act commences, section 4(2) of the Land Use Planning
and Approvals Act 1993 is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
Consequential amendments to Acts
4. The Acts specified in Schedule 1 are amended as
specified in that Schedule.
Consequential amendments to subordinate
legislation
5. The subordinate legislation specified in Schedule 2 is
amended as specified in that Schedule.
4
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
TO ACTS
Section 4
Animal Farming (Registration) Act 1994
1. Section 8(7) is amended by omitting "Director of
National Parks and Wildlife" and substituting "Secretary
of the responsible Department in relation to the Nature
Conservation Act 2002".
2. Section 9(2) is amended by omitting "Director of
National Parks and Wildlife" and substituting "Secretary
of the responsible Department in relation to the Nature
Conservation Act 2002".
3. Section 30(1) is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" from the definition of "wildlife" and
substituting "Nature Conservation Act 2002";
(b) by omitting "section 35(4) of the National
Parks and Wildlife Act 1970" from the
definition of "wildlife possession permit" and
substituting "section 29(2)(b) of the Nature
Conservation Act 2002";
(c) by omitting "section 35(1) of the National
Parks and Wildlife Act 1970" from the
definition of "wildlife taking permit" and
substituting "section 29(2)(a) of the Nature
Conservation Act 2002".
4. Section 31(2) is amended by omitting "Director of
National Parks and Wildlife" and substituting "Secretary
of the responsible Department in relation to the Nature
Conservation Act 2002".
5
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
5. Sections 32 and 33 are repealed.
Animal Health Act 1995
1. Section 46(3)(f) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
2. Section 47(4)(a) is amended by omitting "Director of
National Parks and Wildlife" and substituting "Secretary
of the responsible Department in relation to the Nature
Conservation Act 2002".
3. Section 50(4)(f) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
4. Section 81 is amended as follows:
(a) by omitting from subsection (1) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(b) by omitting from subsection (2) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(c) by omitting from subsection (2) "Director of
National Parks and Wildlife" and substituting
"Secretary of the responsible Department in
relation to the Nature Conservation Act 2002".
6
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
Animal Welfare Act 1993
1. Section 12(4)(a) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
2. Section 39(1)(c) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
Crown Lands Act 1976
1. Section 2 is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" from the definition of "public authority"
and substituting "National Parks and Reserves
Management Act 2002";
(b) by omitting "National Parks and Wildlife Act
1970" from the definition of "statutory power"
and substituting "National Parks and Reserves
Management Act 2002".
2. Section 2A(a) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
3. Section 11(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "National Parks
and Reserves Management Act 2002".
7
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
Crown Lands (Shack Sites) Act 1997
1. Section 3(1) is amended by omitting "National Parks
and Wildlife Act 1970" from the definition of "Parks
Minister" and substituting "National Parks and Reserves
Management Act 2002".
2. Section 16(1)(b) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "National
Parks and Reserves Management Act 2002".
3. Section 30(2)(a) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "National
Parks and Reserves Management Act 2002".
4. Section 37(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "National Parks
and Reserves Management Act 2002".
Dog Control Act 2000
1. Section 3 is amended by omitting paragraph (d) from
the definition of "authorised person" and substituting:
(d) a person who is a ranger under the Nature
Conservation Act 2002; or
(da) a person who is a ranger under the National
Parks and Reserves Management Act 2002; or
Firearms Act 1996
1. Section 39 is amended by omitting paragraph (c) and
substituting the following paragraph:
8
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
(c) the Director of National Parks and Wildlife; or
2. Section 157(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002 or the National Parks and Reserves
Management Act 2002".
Fire Service Act 1979
1. Section 18(2)(d) is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" and substituting "Nature Conservation
Act 2002";
(b) by omitting "that Act" and substituting "the
National Parks and Reserves Management Act
2002".
2. Section 45(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
3. Section 65 is amended as follows:
(a) by omitting from subsection (1)(b) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(b) by omitting from subsection (3) "National
Parks and Wildlife Act 1970" and substituting
"National Parks and Reserves Management Act
2002".
4. Section 65A(1)(b) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
9
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
5. Section 66(2) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
6. Section 67(3)(a) is amended as follows:
(a) by omitting from subparagraph (i) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(b) by omitting from subparagraph (ii) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002".
7. Section 68(4)(b) is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" first occurring and substituting "Nature
Conservation Act 2002";
(b) by omitting "National Parks and Wildlife Act
1970" second occurring and substituting
"National Parks and Reserves Management Act
2002".
8. Section 128(2)(d) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "National
Parks and Reserves Management Act 2002".
Forest Practices Act 1985
1. Section 4Z(3)(c) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
2. Section 16 is amended as follows:
10
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
(a) by omitting from subsection (3) "Division 3 of
Part VA of the National Parks and Wildlife Act
1970" and substituting "Division 3 of Part 5 of
the Nature Conservation Act 2002";
(b) by omitting "National Parks and Wildlife Act
1970" from the definition of "Minister" in
subsection (11) and substituting "Nature
Conservation Act 2002".
3. Section 34(2A)(b) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
Forestry Act 1920
1. Section 5(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
2. Section 14(1) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
3. Section 17 is amended as follows:
(a) by omitting from subsection (15)(a) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(b) by omitting from subsection (17)(a) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002".
11
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
Land Acquisition Act 1993
1. Section 75(2) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
Land Tax Act 2000
1. Section 19(d) is amended by omitting "Part VA of the
National Parks and Wildlife Act 1970" and substituting
"Part 5 of the Nature Conservation Act 2002".
Living Marine Resources Management Act 1995
1. Section 105(2) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002 and the Minister responsible for the
administration of the National Parks and Reserves
Management Act 2002".
Mineral Resources Development Act 1995
1. Section 5(9) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
2. Section 157(2) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "National Parks
and Reserves Management Act 2002".
12
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
Mining (Strategic Prospectivity Zones) Act 1993
1. Section 7 is amended as follows:
(a) by omitting paragraph (c) from subsection (4)
and substituting the following paragraphs:
(c) is subject to any change of status
or the grant of an occupation right
under the Crown Lands Act 1976
or the Forestry Act 1920, if that
change or occupation right would
limit the operation of the Mineral
Resources Development Act 1995;
or
(ca) is subject to any change of class
under the Nature Conservation Act
2002 that limits the operation of
the Mineral Resources
Development Act 1995; or
(cb) is subject to the grant of an
occupation right under the
National Parks and Reserves
Management Act 2002 that limits
the operation of the Mineral
Resources Development Act 1995;
or
(b) by omitting from subsection (5)(b) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002";
(c) by omitting paragraph (d) from subsection (5)
and substituting the following paragraph:
(d) is subject to the grant of an
occupation right under the Crown
Lands Act 1976, the Forestry Act
13
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
1920 or the National Parks and
Reserves Management Act 2002
which would not limit the
operation of the Mineral Resources
Development Act 1995; or
(d) by omitting from subsection (8) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002".
Plant Quarantine Act 1997
1. Section 77 is amended by omitting "National Parks and
Wildlife Act 1970" and substituting "Nature Conservation
Act 2002".
2. Section 97 is amended as follows:
(a) by omitting from subsection (1) "Director of
National Parks and Wildlife within the
meaning of the National Parks and Wildlife
Act 1970" and substituting "Secretary of the
responsible Department in relation to the
Nature Conservation Act 2002";
(b) by omitting from subsection (2)(a) "National
Parks and Wildlife Act 1970" and substituting
"Nature Conservation Act 2002 or the National
Parks and Reserves Management Act 2002".
14
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
Pollution of Waters by Oil and Noxious
Substances Act 1987
1. Section 35(2)(c)(x) is amended by omitting "National
Parks and Wildlife Act 1970" and substituting "Nature
Conservation Act 2002".
Port Arthur Historic Site Management Authority
Act 1987
1. Section 3(1) is amended by inserting "under that Act or
the National Parks and Reserves Management Act 2002"
after "adopted" in the definition of "Management Plan".
2. Section 8(1)(i) is amended by omitting "National Parks
and Wildlife Act 1970" and substituting "National Parks
and Reserves Management Act 2002 and the Nature
Conservation Act 2002".
3. Section 12 is amended as follows:
(a) by omitting from subsection (1)(a) "Part III of
the National Parks and Wildlife Act 1970" and
substituting "Part 3 of the Nature
Conservation Act 2002";
(b) by omitting paragraph (b) from subsection (1)
and substituting the following paragraph:
(b) the powers conferred on the
Minister and on the Director of
National Parks and Wildlife by the
National Parks and Reserves
Management Act 2002 and the
Aboriginal Relics Act 1975 with
respect to matters relating to
15
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
fauna, flora and Aboriginal sites
and relics.
(c) by omitting from subsection (2)(a) "section
14(1) of the National Parks and Wildlife Act
1970" and substituting "Part 3 of the Nature
Conservation Act 2002";
(d) by omitting from subsection (2)(a)(i) "section
15 of";
(e) by omitting from subsection (2)(a)(ii) "that
section" and substituting "that Act";
(f) by omitting from subsection (2)(b) "section 16
of that Act" and substituting "that Act";
(g) by inserting in subsection (2)(c) "under that
Act" after "proclamation";
(h) by omitting from subsection (2)(c) "National
Parks and Wildlife Act 1970" first occurring
and substituting "National Parks and Reserves
Management Act 2002";
(i) by omitting from subsection (2)(c) "National
Parks and Wildlife Act 1970" second occurring
and substituting "Nature Conservation Act
2002";
(j) by omitting subparagraph (i) from subsection
(2)(d) and substituting the following
subparagraph:
(i) to be reserved land as defined in
the Nature Conservation Act 2002
in any class as defined in that Act;
and
(k) by omitting from subsection (3) "Part III of the
National Parks and Wildlife Act 1970" and
16
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
substituting "Part 3 of the Nature
Conservation Act 2002";
(l) by inserting in subsection (3) "administering
that Act" after "Minister";
(m) by omitting subsection (4) and substituting the
following subsection:
(4) Sections 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28(1), 34, 35, 36 and 55 of the National
Parks and Reserves Management Act 2002 and
section 24 of the Nature Conservation Act 2002
and the Management Plan apply in relation to
the subject land as if any references in them to
the Director of National Parks and Wildlife
were references to the Authority.
Threatened Species Protection Act 1995
1. Section 3(1) is amended as follows:
(a) by omitting "section 8 of the National Parks
and Wildlife Act 1970" from the definition of
"authorised officer" and substituting "the
Nature Conservation Act 2002 or under the
National Parks and Reserves Management Act
2002";
(b) by omitting "Director" from the definition of
"critical habitat" and substituting "Secretary";
(c) by omitting the definition of "Director";
(d) by inserting the following definition after the
definition of "SAC":
17
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
"Secretary" means the Secretary of the
Department;
2. Section 7 is amended by omitting "Director" and
substituting "Secretary".
3. Section 8 is amended as follows:
(a) by omitting from subsection (2) "Director" and
substituting "Secretary";
(b) by omitting from subsection (6) "Director" and
substituting "Secretary".
4. Section 10(1) is amended by omitting "Director" and
substituting "Secretary".
5. Section 11 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(b) "Director"
and substituting "Secretary";
(c) by omitting from subsection (3) "Director" and
substituting "Secretary";
(d) by omitting from subsection (4) "Director" and
substituting "Secretary".
6. Section 12(1) is amended by omitting "Director" and
substituting "Secretary".
7. Section 21(3) is amended as follows:
(a) by omitting "Director" first occurring and
substituting "Secretary";
(b) by omitting from paragraph (c) "Director" and
substituting "Secretary".
18
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
8. Section 22 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary";
(c) by omitting from subsection (4) "Director" and
substituting "Secretary".
9. Section 23 is amended as follows:
(a) by omitting from subsection (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary";
(c) by omitting from subsection (3) "Director"
twice occurring and substituting "Secretary";
(d) by omitting from subsection (5) "Director" and
substituting "Secretary";
(e) by omitting from subsection (6) "Director" and
substituting "Secretary";
(f) by omitting from subsection (7) "Director" and
substituting "Secretary".
10. Section 24(1) is amended by omitting "Director" and
substituting "Secretary".
11. Section 25 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(c) "Director"
and substituting "Secretary";
19
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(c) by omitting from subsection (3) "Director" and
substituting "Secretary";
(d) by omitting from subsection (4) "Director" and
substituting "Secretary";
(e) by omitting from subsection (5) "Director" and
substituting "Secretary";
(f) by omitting from subsection (6) "Director" and
substituting "Secretary".
12. Section 26 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary".
13. Section 27 is amended as follows:
(a) by omitting from subsection (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary";
(c) by omitting from subsection (4) "Director" and
substituting "Secretary".
14. Section 28 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary".
15. Section 29 is amended as follows:
20
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(c) "Director"
and substituting "Secretary";
(c) by omitting from subsection (3) "Director" and
substituting "Secretary";
(d) by omitting from subsection (4) "Director" and
substituting "Secretary".
16. Section 30 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(c)(i) "Director"
and substituting "Secretary".
17. Section 31 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary";
(c) by omitting from subsection (3) "Director" and
substituting "Secretary".
18. Section 32(7) is amended by omitting "Director" twice
occurring and substituting "Secretary".
19. Section 36 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary".
21
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
20. Section 40 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary".
21. Section 41 is amended by omitting "Director" twice
occurring and substituting "Secretary".
22. Section 42 is amended as follows:
(a) by omitting from subsection (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary";
(c) by omitting from subsection (3) "Director" and
substituting "Secretary".
23. Section 44 is amended as follows:
(a) by omitting from subsection (2)(b) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary".
24. Section 51 is amended as follows:
(a) by omitting from subsection (1)(d) "section 37B
of the National Parks and Wildlife Act 1970"
and substituting "Part 5 of the Nature
Conservation Act 2002";
(b) by omitting from subsection (3) "Director" and
substituting "Secretary".
25. Section 55(1) is amended by omitting "Director" and
substituting "Secretary".
22
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
26. Section 56 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director"
twice occurring and substituting "Secretary";
(c) by omitting from subsection (3) "Director" and
substituting "Secretary".
27. Section 58 is amended by omitting "Director" and
substituting "Secretary".
28. Section 59(1) is amended by omitting "Director" twice
occurring and substituting "Secretary".
29. Section 60 is amended by omitting "Director" twice
occurring and substituting "Secretary".
Vermin Control Act 2000
1. Section 5 is amended by omitting "National Parks and
Wildlife Act 1970" and substituting "Nature Conservation
Act 2002".
2. Section 19(1) is amended by omitting "section 37(2) or
(2AA) of the National Parks and Wildlife Act 1970" and
substituting "section 32 of the Nature Conservation Act
2002".
Wellington Park Act 1993
1. Section 3 is amended as follows:
23
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(a) by omitting the definition of "authorized
officer" from subsection (1) and substituting
the following definition:
"authorized officer" means a police
officer, a ranger within the
meaning of the National Parks
and Reserves Management Act
2002, a ranger within the meaning
of the Nature Conservation Act
2002 or a person appointed as an
authorized officer under section
13;
(b) by omitting from subsection (2) "National
Parks and Wildlife Act 1970" and substituting
"National Parks and Reserves Management Act
2002";
(c) by omitting subsection (3) and substituting the
following subsection:
(3) Section 3(2), (3), (4), (5), (6), (7), (8),
(9), (10), (11) and (12) of the Nature
Conservation Act 2002 apply to this Act in the
same way as they apply to that Act.
Whales Protection Act 1988
1. Section 3 is amended as follows:
(a) by omitting paragraph (b) from the definition
of "authorized person";
(b) by omitting "Director" from paragraph (c) of
the definition of "authorized person" and
substituting "Secretary";
24
2002 National Parks and Wildlife Separation No. sch. 1
(Consequential Amendments)
(c) by omitting the definition of "Director";
(d) by omitting the definition of "officer";
(e) by omitting the definition of "ranger" and
substituting the following definitions:
"ranger" means a person appointed as a
ranger under the Nature
Conservation Act 2002 or the
National Parks and Reserves
Management Act 2002;
"Secretary" means the Secretary of the
Department;
2. Section 4 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary".
3. Section 5 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2) "Director" and
substituting "Secretary".
4. Section 8(1) is amended as follows:
(a) by omitting from paragraph (c) "Director"
three times occurring and substituting
"Secretary";
(b) by omitting from paragraph (d) "Director"
twice occurring and substituting "Secretary".
5. Section 9 is amended as follows:
25
sch. 1 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(a) "Director"
twice occurring and substituting "Secretary";
(c) by omitting from subsection (2)(b) "Director"
and substituting "Secretary";
(d) by omitting from subsection (3) "Director" and
substituting "Secretary".
6. Section 10 is amended as follows:
(a) by omitting from subsection (1) "Director" and
substituting "Secretary";
(b) by omitting from subsection (2)(a) "Director"
twice occurring and substituting "Secretary";
(c) by omitting from subsection (2)(b) "Director"
and substituting "Secretary".
7. Section 11 is amended by omitting "Director" and
substituting "Secretary".
8. Section 17 is amended by omitting "Section 48B of the
National Parks and Wildlife Act 1970" and substituting
"Section 71 of the Nature Conservation Act 2002".
9. Section 23(3) is amended by omitting "Director" and
substituting "Secretary".
10. Section 24(3) is amended by omitting "Director" and
substituting "Secretary".
26
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
SCHEDULE 2 CONSEQUENTIAL AMENDMENTS
TO SUBORDINATE LEGISLATION
Section 5
Administrative Arrangements Order (No. 2) 2002
1. Schedule 1 is amended as follows:
(a) by omitting "Tourism, Parks, Heritage and the
Arts under the Minister for Tourism, Parks
and Heritage" from the entry relating to the
Regional Forest Agreement (Land
Classification) Act 1998 in the list of Acts
specified under Forestry Tasmania which
appears under the heading "MINISTER FOR
ECONOMIC DEVELOPMENT, ENERGY
AND RESOURCES" and substituting
"Primary Industries, Water and Environment
under the Minister for Primary Industries,
Water and Environment";
(b) by inserting, in correct alphabetical position,
in the list of Acts specified under the
Department of Primary Industries, Water and
Environment which appears under the
heading "MINISTER FOR PRIMARY
INDUSTRIES, WATER AND
ENVIRONMENT" the following Acts:
Regional Forest Agreement (Land Classification) Act 1998
Divisions 2 and 3 of Part 2 (otherwise see Forestry
Tasmania under the Minister for Economic Development,
Energy and Resources)
Threatened Species Protection Act 1995
27
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
Whales Protection Act 1988
(c) by omitting from the list of Acts specified
under the Department of Tourism, Parks,
Heritage and the Arts which appears under
the heading "MINISTER FOR TOURISM,
PARKS AND HERITAGE" the following
entries:
Regional Forest Agreement (Land Classification) Act 1998
Divisions 2 and 3 of Part 2 (otherwise see Forestry
Tasmania under the Minister for Economic Development,
Energy and Resources)
Threatened Species Protection Act 1995
Whales Protection Act 1988
Crown Lands Regulations 2001
1. Regulation 3 is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" from the definition of "ranger" and
substituting "National Parks and Reserves
Management Act 2002";
(b) by omitting "National Parks and Wildlife Act
1970" from the definition of "wildlife" and
substituting "Nature Conservation Act 2002".
28
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
Inland Fisheries (Recreational Fishing)
Regulations 1999
1. Regulation 3 is amended as follows:
(a) by omitting the definition of "national park"
and substituting the following definition:
"national park" has the same meaning
as in the Nature Conservation Act
2002;
(b) by omitting "National Parks and Wildlife Act
1970" from paragraph (a) of the definition of
"world heritage area" and substituting
"National Parks and Reserves Management Act
2002".
National Parks and Reserved Land Regulations
1999
1. Regulation 3 is amended as follows:
(a) by omitting the definition of "Act" and
substituting the following definition:
"Act" means the National Parks and
Reserves Management Act 2002;
(b) by omitting the definition of "Macquarie Island
Nature Reserve" and substituting the
following definition:
"Macquarie Island Nature Reserve"
means the area of land of that
name that is reserved land in the
29
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
class of nature reserve under the
Nature Conservation Act 2002;
2. Regulation 6 is amended as follows:
(a) by inserting in subregulation (1) "and it is
either specifically allowed, or not specifically
prohibited, under the Nature Conservation Act
2002" after "Director";
(b) by inserting in subregulation (2) "and it is
either specifically allowed, or not specifically
prohibited, under the Nature Conservation Act
2002" after "Director".
3. Regulation 7 is amended by omitting subregulation (3)
and substituting the following subregulation:
(3) Subregulation (1) does not apply to
(a) the keeping of stock on Crown land
under a private right; and
(b) a restricted animal, within the meaning
of section 32 of the Nature Conservation
Act 2002, that is on the reserved land as
part of a program referred to in
subsection (6) of that section and in
respect of which a permission has been
granted under that section.
4. Regulation 17(1)(c) is amended by omitting "sections
21(4) and 24(1)" and substituting "sections 27(6) and
35(1)".
5. Regulation 19 is amended by omitting subregulation (6)
and substituting the following subregulation:
(6) The taking of game under a game
authority is subject to, and is to be in accordance
with
30
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
(a) the Wildlife Regulations 1999; and
(b) all relevant orders under section 30 of
the Nature Conservation Act 2002.
6. Regulation 26(3) is amended by omitting "section
29(3)(a)" and substituting "section 60(4)(a)".
7. Regulation 27 is amended by inserting after
subregulation (2) the following subregulation:
(2A) Subregulation (1)(b) does not apply to a
restricted animal, within the meaning of section 32
of the Nature Conservation Act 2002, that is on the
reserved land as part of a program referred to in
subsection (6) of that section and in respect of which
a permission has been granted under that section.
8. Regulation 30 is amended by omitting "Part VIA of the
National Parks and Wildlife Act 1970" and substituting
"Part 5 of the Act".
Threatened Species Protection Regulations 1996
1. Regulation 4 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (3)(a)
"Director" and substituting "Secretary".
2. Regulation 5 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
31
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(b) by omitting from subregulation (2) "Director"
three times occurring and substituting
"Secretary".
3. Regulation 6 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
twice occurring and substituting "Secretary".
4. Regulation 8(3) is amended by omitting "Director" and
substituting "Secretary".
Traffic (Road Rules) Regulations 1999
1. Schedule 6 is amended as follows:
(a) by omitting paragraph (d) from clause 2 of
Division 1 of Part 2 and substituting the
following paragraphs:
(d) a ranger appointed under, or a
person appointed or employed for
the purposes of, the Nature
Conservation Act 2002; or
(e) a ranger appointed under, or a
person appointed or employed for
the purposes of, the National
Parks and Reserves Management
Act 2002.
(b) by omitting paragraph (h) from clause 1 of
Part 4 and substituting the following
paragraphs:
32
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
(h) the responsible Department in
relation to the Nature
Conservation Act 2002;
(ha) the responsible Department in
relation to the National Parks and
Reserves Management Act 2002;
Wellington Park Regulations 1999
1. Regulation 3 is amended as follows:
(a) by omitting "National Parks and Wildlife Act
1970" from the definition of "fauna" and
substituting "Nature Conservation Act 2002";
(b) by omitting "National Parks and Wildlife Act
1970" from the definition of "flora" and
substituting "Nature Conservation Act 2002";
(c) by omitting the definition of "have in
possession" and substituting the following
definition:
"have in possession" has the same
meaning as in section 3(6) of the
National Parks and Reserves
Management Act 2002;
(d) by omitting the definition of "plant".
Wildlife Regulations 1999
1. Regulation 3 is amended as follows:
33
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(a) by omitting "National Parks and Wildlife Act
1970" from the definition of "Act" in
subregulation (1) and substituting "Nature
Conservation Act 2002";
(b) by omitting "Director" from the definition of
"inspector" in subregulation (1) and
substituting "Secretary";
(c) by omitting "section 35A" from the definition of
"open season" in subregulation (1) and
substituting "section 30";
(d) by omitting subregulations (3) and (4) and
substituting the following subregulations:
(3) The animals specified in Schedule 5
are prescribed to be restricted animals for the
purposes of section 32 of the Act.
(4) The animals specified in Schedule 7
are prescribed to be domestic stock.
2. Regulation 6 is amended as follows:
(a) by omitting from subregulation (2) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (6) "Director"
and substituting "Secretary";
(d) by omitting from subregulation (8) "Director"
and substituting "Secretary";
(e) by omitting from subregulation (10) "Director"
and substituting "Secretary".
34
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
3. Regulation 7(1) is amended by omitting "Director" and
substituting "Secretary".
4. Regulation 8 is amended by omitting "Director" and
substituting "Secretary".
5. Regulation 9(1) is amended by omitting "Director" and
substituting "Secretary".
6. Regulation 10 is amended by omitting "Director" twice
occurring and substituting "Secretary".
7. Regulation 11 is amended as follows:
(a) by omitting from subregulation (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (3) "Director"
twice occurring and substituting "Secretary".
8. Regulation 12 is amended as follows:
(a) by omitting from subregulation (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (1) "Director's"
and substituting "Secretary's";
(c) by omitting from subregulation (2) "Director"
and substituting "Secretary".
9. Regulation 13 is amended as follows:
(a) by omitting from subregulation (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
and substituting "Secretary".
35
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
10. Regulation 22 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
twice occurring and substituting "Secretary".
11. Regulation 23 is amended as follows:
(a) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (5) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (6)(b)
"Director" and substituting "Secretary".
12. Regulation 24 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (3) "Director"
twice occurring and substituting "Secretary";
(d) by omitting from subregulation (4) "Director"
and substituting "Secretary";
(e) by omitting from subregulation (5) "Director"
and substituting "Secretary";
(f) by omitting from subregulation (6) "Director"
twice occurring and substituting "Secretary";
(g) by omitting from subregulation (7) "Director"
and substituting "Secretary".
36
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
13. Regulation 25(4)(a) is amended by omitting "Director"
and substituting "Secretary".
14. Regulation 27 is amended by omitting "Director" three
times occurring and substituting "Secretary".
15. Regulation 28 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (5) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (6) "Director"
and substituting "Secretary";
(d) by omitting from subregulation (7) "Director"
and substituting "Secretary".
16. Regulation 29 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (5) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (6) "Director"
and substituting "Secretary".
17. Regulation 30(2) is amended by omitting "Director"
and substituting "Secretary".
18. Regulation 32(4) is amended by omitting "Director"
and substituting "Secretary".
19. Regulation 33 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
37
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(b) by omitting from subregulation (5) "Director"
and substituting "Secretary".
20. Regulation 36 is amended as follows:
(a) by omitting from subregulation (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(d) by omitting from subregulation (4)(a)
"Director" twice occurring and substituting
"Secretary";
(e) by omitting from subregulation (4)(c)
"Director" twice occurring and substituting
"Secretary";
(f) by omitting from subregulation (4)(d)
"Director" and substituting "Secretary".
21. Regulation 38 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
three times occurring and substituting
"Secretary".
22. Regulation 39 is amended as follows:
(a) by omitting from subregulation (1) "Director"
twice occurring and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
38
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
(c) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(d) by omitting from subregulation (4) "Director"
and substituting "Secretary".
23. Regulation 40(1) is amended by omitting "Director"
twice occurring and substituting "Secretary".
24. Regulation 41 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (2)(b)
"Director" and substituting "Secretary";
(c) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(d) by omitting from subregulation (4) "Director"
twice occurring and substituting "Secretary".
25. Regulation 42 is amended as follows:
(a) by omitting from paragraph (a) "Director" and
substituting "Secretary";
(b) by omitting from paragraph (b) "Director" and
substituting "Secretary".
26. Regulation 43 is amended as follows:
(a) by omitting from subregulation (1)(a)
"Director" and substituting "Secretary";
(b) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (3) "Director"
twice occurring and substituting "Secretary";
39
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(d) by omitting from subregulation (4) "Director"
and substituting "Secretary";
(e) by omitting from subregulation (5) "Director"
and substituting "Secretary".
27. Regulation 45(1)(b) is amended by omitting "Director"
and substituting "Secretary".
28. Regulation 46 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (4)(b)
"Director" and substituting "Secretary";
(d) by omitting from subregulation (8) "Director"
and substituting "Secretary";
(e) by omitting from subregulation (9) "Director"
and substituting "Secretary".
29. Regulation 47 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (4) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (5) "Director"
twice occurring and substituting "Secretary".
30. Regulation 49 is amended as follows:
(a) by omitting from subregulation (2) "Director"
and substituting "Secretary";
40
2002 National Parks and Wildlife Separation No. sch. 2
(Consequential Amendments)
(b) by omitting from subregulation (4) "Director"
and substituting "Secretary";
(c) by omitting from subregulation (5) "Director"
twice occurring and substituting "Secretary";
(d) by omitting from subregulation (6) "Director"
twice occurring and substituting "Secretary";
(e) by omitting from subregulation (7) "Director"
and substituting "Secretary".
31. Regulation 50 is amended as follows:
(a) by omitting from subregulation (3)(b)
"Director" and substituting "Secretary";
(b) by omitting from subregulation (1) "Director"
and substituting "Secretary".
32. Regulation 51 is amended as follows:
(a) by omitting from subregulation (1) "Director"
and substituting "Secretary";
(b) by omitting from subregulation (3) "Director"
and substituting "Secretary".
33. Regulation 52(1) is amended by omitting "Director"
and substituting "Secretary".
34. Regulation 53 is amended as follows:
(a) by omitting from subregulation (1)(a)
"Director" and substituting "Secretary";
(b) by omitting from subregulation (3)(b)
"Director" twice occurring and substituting
"Secretary";
(c) by omitting from subregulation (4) "Director"
and substituting "Secretary";
41
sch. 2 No. National Parks and Wildlife Separation 2002
(Consequential Amendments)
(d) by omitting from subregulation (5) "Director"
and substituting "Secretary".
35. Regulation 57 is amended by omitting "Part VIA" and
substituting "Part 7".
42 Government Printer, Tasmania