National Parks and Wildlife Separation (Consequential Amendments) Act 2002
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
[Royal Assent 19 December 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:
This Act may be cited as the National Parks and Wildlife Separation (Consequential Amendments) Act 2002 .
This Act commences on the day on which the National Parks and Reserves Management Act 2002 commences.
3. Land Use Planning and Approvals Amendment Act (No. 2) 2001 or Land Use Planning and Approvals Act 1993 amended
(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".
4. Consequential amendments to Acts
The Acts specified in Schedule 1 are amended as specified in that Schedule.
5. Consequential amendments to subordinate legislation
The subordinate legislation specified in Schedule 2 is amended as specified in that Schedule.
SCHEDULE 1 - Consequential Amendments to ActsAnimal 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. 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:Animal Welfare Act 1993(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 ".
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 ".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:Firearms Act 1996(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
1. Section 39 is amended by omitting paragraph (c) and substituting the following paragraph:(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 ".
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:(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:Land Acquisition Act 1993(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".
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 ".Mining (Strategic Prospectivity Zones) Act 1993
1. Section 7 is amended as follows:Plant Quarantine Act 1997(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 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 ".
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:Pollution of Waters by Oil and Noxious Substances Act 1987(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 ".
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:Threatened Species Protection Act 1995(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 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 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.
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 :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".
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";(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:(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".
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".
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:Whales Protection Act 1988(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.
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";(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:(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".
SCHEDULE 2 - Consequential Amendments to Subordinate LegislationAdministrative Arrangements Order (No. 2) 2002
1. Schedule 1 is amended as follows:Crown Lands Regulations 2001(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
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
1. Regulation 3 is amended as follows:Inland Fisheries (Recreational Fishing) Regulations 1999(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 ".
1. Regulation 3 is amended as follows:National Parks and Reserved Land Regulations 1999(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 ".
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 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 –(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";(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:Wellington Park Regulations 1999(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:(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 ;
1. Regulation 3 is amended as follows:Wildlife Regulations 1999(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 .
1. Regulation 3 is amended as follows:(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".
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".
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".
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";(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";(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";(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";(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";(d) by omitting from subregulation (5) "Director" and substituting "Secretary".
35. Regulation 57 is amended by omitting " Part VIA " and substituting "Part 7".
[Second reading presentation speech made in:
House of Assembly on 21 NOVEMBER 2002
Legislative Council on 28 NOVEMBER 2002]