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NATIONAL PARKS ACT 1975 - SECT 22 Zones in parks

NATIONAL PARKS ACT 1975 - SECT 22

Zones in parks

    (1)     The Governor in Council may make regulations prescribing a name as the name of a zone that may be declared under this section as a zone within a park.

S. 22(2) amended by No. 38/1989 s. 12(2).

    (2)     The Governor in Council may by proclamation published in the Government Gazette declare that specified lands forming part of a park are a zone within that park under a prescribed name, other than the name of "wilderness zone".

    (3)     Lands declared under subsection (2) to be a zone under a prescribed name shall be controlled and managed subject to and in accordance with such conditions as are, subject to this Act, prescribed for the control and management of lands declared to be a zone under that name.

S. 22(4) inserted by No. 38/1989

s. 12(1), amended by No. 40/1992 s. 10(2)(a).

    (4)     If land has become a wilderness zone under subsection (4A) or has been declared under subsection (5) to be a wilderness zone

        (a)     the land is to be used and managed as if it were a wilderness park; and

        (b)     the provisions of this Act apply to the land as if it were a wilderness park.

S. 22(4A) inserted by No. 40/1992 s. 10(1).

    (4A)     The Minister, by notice published in the Government Gazette, may in respect of each Part of Schedule Five appoint a day on which the land described in that Part becomes a wilderness zone for the purposes of this Act.

S. 22(4B) inserted by No. 40/1992 s. 10(1).

    (4B)     Subsection (4A) does not affect or limit the Governor in Council's power to declare land to be a wilderness zone.

S. 22(4C) inserted by No. 40/1992 s. 10(1).

    (4C)     The Minister must not appoint a day on which the land in Part 7 of Schedule Five becomes a wilderness zone that is earlier than the date of commencement of Part 2 of the National Parks (Wilderness) Act 1992 .

S. 22(5) inserted by No. 38/1989 s. 12(1).

    (5)     The Governor in Council, by proclamation published in the Government Gazette may declare specified land forming part of a park to be a wilderness zone if the land—

        (a)     together with the plant and animal community on the land, is in a state that has not been substantially modified by the influences of European settlement or is capable of being restored to such a state; and

        (b)     is of a sufficient size to make its maintenance in such a state feasible; and

        (c)     is capable of providing opportunities for solitude and appropriate self-reliant recreation.

S. 22(6) inserted by No. 38/1989 s. 12(1), amended by No. 40/1992 s. 10(2)(b).

    (6)     The Governor in Council may by proclamation published in the Government Gazette declare that specified land forming a wilderness zone under subsection (4A) or (5) or part of a wilderness zone cease to form that zone or part.

S. 22(7) inserted by No. 38/1989 s. 12(1).

    (7)     A proclamation under subsection (5) or (6) does not have effect unless approved by resolutions of both Houses of the Parliament.

S. 22(8) inserted by No. 38/1989 s. 12(1).

    (8)     Notice of a resolution to approve a proclamation may be given in a House of the Parliament on or before the eighteenth day on which that House sits after the proclamation is made and the resolution must be passed on or before the twelfth day upon which that House sits after notice of the resolution has been given in that House but the power of either House to pass a resolution approving the proclamation shall not be affected by the prorogation or dissolution of the Parliament or of either House of the Parliament and for the purpose of this section the calculation of days upon which a House has sat shall be made as if there had been no such prorogation or dissolution.

S. 22A inserted by No. 40/1992 s. 11.