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NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 20 Formulation of management plans

NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 - SECT 20

Formulation of management plans

(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;
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 –
(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)  .  .  .  .  .  .  .  .  
(8)  A draft management plan in respect of any land within a private sanctuary or private nature reserve may 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 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.