SCHEDULE 4 - Savings and Transitional Provisions

Section 77

1.    Interpretation

In this Schedule –

commencement day means the day on which the National Parks and Reserves Management Act 2002 and this Act commence;

repealed Act means the National Parks and Wildlife Act 1970 and any subordinate legislation made and in force under that Act immediately before the commencement day.

2.    Reserved land

An area of land that immediately before the commencement day was reserved land, within the meaning of the repealed Act, in a class referred to in section 15 of the repealed Act is taken to be reserved land in the corresponding class under this Act with the same name as it had under the repealed Act.

3.    Licences, permits and other authorities

A licence, permit or other authority issued and in force, immediately before the commencement day, under a provision of the repealed Act in respect of which there is a corresponding provision in this Act is taken to have been issued and to be in force under that corresponding provision of this Act.

4.    Conservation covenants

(1) A conservation covenant, within the meaning of the repealed Act, that was made and in force, immediately before the commencement day, under the repealed Act is taken to have been made and to be in force as a conservation covenant under this Act.

(2) Subject to subclause (4) , a reference in a conservation covenant referred to in subclause (1) to the Director is taken to be a reference to the Secretary.

(3) At any time on or after the commencement day and with the consent of the Director, the Secretary may determine, by notice provided to the owner of the land subject to the conservation covenant affected by the determination, the Director and the Recorder, that a reference in a conservation covenant referred to in subclause (1) to the Director that is taken, by reason of subclause (2) , to be a reference to the Secretary is to be taken to be a reference to the Director.

(4) On and after the day on which the notice of a determination under subclause (3) is provided to the last of the persons required to be provided with that notice under that subsection, the reference to which the determination relates is taken to be a reference to the Director.

5.    Management agreements and other documents related to conservation covenants

(1) A management agreement, within the meaning of the repealed Act, that was made and in force immediately before the commencement day under the repealed Act is taken to have been made and to be in force as a management agreement under this Act.

(2) A document in force immediately before the commencement day relating to a conservation covenant referred to in clause 4(1) , or management agreement, referred to in subclause (1) , is taken to have been made and to be in force under this Act.

(3) Subject to subclause (5) , a reference in a management agreement or document referred to in subclause (1) or (2) to the Director is taken to be a reference to the Secretary.

(4) At any time on or after the commencement day and with the consent of the Director, the Secretary may determine, by notice provided to the owner of the land subject to the conservation covenant affected by the determination and the Director, that a reference in a management agreement or document referred to in subclause (1) or (2) to the Director that is taken, by reason of subclause (3) , to be a reference to the Secretary is to be taken to be a reference to the Director.

(5) On and after the day on which the notice of a determination under subclause (4) is provided to the last of the persons required to be provided with that notice under that subsection, the reference to which the determination relates is taken to be a reference to the Director.

6.    Rangers

The appointment of a ranger under the repealed Act continues and is taken to be an appointment as a ranger under this Act.

7.    Wildlife regulations and other subordinate legislation

The Wildlife Regulations 1999 , and any orders in force immediately before the commencement day under section 35A of the repealed Act, are taken to have been made under this Act.