National Parks and Wildlife Act 1970

National Parks and Wildlife Act 1970

An Act to repeal the Scenery Preservation Act 1915 and the Animals and Birds Protection Act 1928 , to make fresh provision with respect to the establishment and management of National Parks and other reserves and with respect to the conservation and protection of the fauna and flora of the State, and to make provision for incidental and consequential matters

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:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the National Parks and Wildlife Act 1970 .

(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Repeal

The Acts specified in Part I of Schedule 1 are repealed.

3.   Interpretation

(1)  [Section 3 Subsection (1) amended by No. 52 of 1980, s. 4 ][Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 18 of 1986, s. 4 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 20 of 1991, s. 3 ][Section 3 Subsection (1) amended by No. 42 of 1991, s. 116 ][Section 3 Subsection (1) amended by No. 52 of 1992, s. 4 ][Section 3 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 112 of 1995, s. 4 ][Section 3 Subsection (1) amended by No. 62 of 1977, s. 2 and s. 20 and Sched. 1 ]In this Act, unless the contrary intention appears –

aboriginal relic means any artefact, painting, carving, midden, or other object made or created by any of the aboriginal inhabitants of any of the islands contained within the State, or any object, site, or place that bears signs of the activities of any such inhabitants;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;

authorized officer means a police officer or ranger;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] biological diversity means the variety of –

(a) plants, animals and micro-organisms; and

(b) the genes contained in plants, animals and micro-organisms; and

(c) the ecosystems of which plants, animals and micro-organisms form part;

business licence means a licence in force under section 25E ;

cat means any member of the species Felis catus;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999]

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] conservation area means any land declared under this Act to be reserved land in the class of conservation area or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] Conservation Management Trust means a Conservation Management Trust established under section 23A ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] conservation purpose means –

(a) any purpose specified in Column 3 of Schedule 3 ; or

(b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land;

conservation society means a society or other body having as its objects, or one of its objects, the promotion or the encouragement, in relation to land generally or to any particular land or particular kind of land, the carrying out of any conservation purpose;

container includes any wrapping;

conveyance means any vehicle, vessel, or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air;

Council means the National Parks and Wildlife Advisory Council established under section 9 ;

Crown land means any land vested in the Crown, whether or not subject to any private rights, but does not include any such land that is contracted to be granted in fee simple;

dingo means a member of the subspecies Canis familiaris dingo;

Director means the Director of National Parks and Wildlife appointed pursuant to section 5 ;

dog means any member of the species Canis familiaris;

ferret means a member of the species Mustella furo;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] forest reserve has the same meaning as in the Forestry Act 1920 ;

fox means a member of the genus Vulpes;

game means the forms of wildlife that are specified as partly protected wildlife in the wildlife regulations and whose taking is subject to licensing under those regulations;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] game reserve means any land declared under this Act to be reserved land in the class of game reserve or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] historic site means any land declared under this Act to be reserved land in the class of historic site or taken to have been so declared;

hunting equipment means any weapon, implement, apparatus or material which –

(a) is capable of being used for the taking of any wildlife or any product of any wildlife; or

(b) is incapable of being so used only by reason of –

(i) the absence of, or a defect in, a part; or

(ii) the presence of an obstruction;

improvements means all work done and materials used on or for the benefit of any land which visibly and effectively improves or increases the value of the land;

land includes land covered by the sea or other waters, and the part of the sea or those waters covering that land;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] leased reserve means an area of land held on lease under section 14D ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] management agreement, in relation to any private land, means an agreement entered into under section 25A ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] management objectives, in relation to any class of reserved land, means the objectives specified in Schedule 4 for that class of reserved land;

management plan has the meaning assigned to that expression by section 19 (3) ;

managing authority, when used in relation to any reserved land, means the managing authority for that land pursuant to section 22 ;

Minister for Crown Lands means the Minister for the time being administering the Crown Lands Act 1976 ;

mink means a member of the genus Mustella;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] national park means any land declared under this Act to be reserved land in the class of national park or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] nature recreation area means any land declared under this Act to be reserved land in the class of nature recreation area or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] nature reserve means any land declared under this Act to be reserved land in the class of nature reserve or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] Nomenclature Board means the Nomenclature Board constituted under the Survey Co-ordination Act 1944 ;

owner, when used in relation to any land vested in the Crown which is contracted to be granted in fee simple, means the person to whom it is so contracted and, in any other case, means the persons who, under the Land Acquisition Act 1993 , or otherwise, are entitled to sell, convey, or surrender a freehold estate in that land to the Crown;

plant has the meaning assigned to that expression by section 31 (4) ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] prescribed body, in relation to the management of any reserved land, means –

(a) the public authority in which that land is vested; or

(b) a public authority having jurisdiction over the locality in which that land is located; or

(c) a body corporate –

(i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and

(ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] private land means land other than Crown land or land vested in a public authority;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] private nature reserve means any land declared under this Act to be reserved land in the class of private nature reserve or taken to have been so declared;

private right, when used in relation to Crown land, means any estate, interest, or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which the holder thereof has the right to occupy or use that land, or to carry out any operations thereon, or to take any products thereof or materials therein, including materials beneath the surface thereof;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] private sanctuary means any land declared under this Act to be reserved land in the class of private sanctuary or taken to have been so declared;

products, when used in relation to wildlife, has the meaning assigned to that expression by section 31 (2) ;

protected plant means a plant prescribed as a protected plant under section 33 ;

public authority means –

(a) any municipality;

(b) any other body corporate established by an enactment having jurisdiction limited to a district, locality, or part of the State; or

(c) any body corporate established under an enactment or in the exercise of the prerogative rights of the Crown to administer or control any department,business, undertaking, or public institution on behalf of the State;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] purposes of reservation means –

(a) in relation to any reserved land, the purposes for which that land was reserved; or

(b) in relation to any class of reserved land, the purposes of reservation specified in Schedule 3 in relation to that class;

ranger means a person appointed as a ranger, or authorized to perform the duties and exercise the powers of a ranger, under section 8 ;

Recorder means the Recorder of Titles;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] regional reserve means any land declared under this Act to be reserved land in the class of regional reserve or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] reserved means set aside or acquired for a conservation purpose;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] reserved land means any land declared to be reserved land by or under this Act or taken to have been so declared;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 5 ;

restricted area has the meaning assigned to that expression by section 25 ;

Secretary means the Secretary of the Department;

special advisory committee means a special advisory committee established under section 12 ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] State reserve means any land declared under this Act to be reserved land in the class of State reserve or taken to have been so declared;

statutory power means –

(a) a power under an enactment, other than an enactment in this Act, for the reservation or dedication of Crown land for any purpose, or for the alienation of, or the grant of private rights in or over, any such land, or for the carrying out of any works or other operations on any such land; or

(b) a power that, under an enactment, other than an enactment in this Act, may be exercised by a public authority in relation to land vested in it;

wildlife has the meaning assigned to that expression by section 31 (1) ;

wildlife regulations has the meaning assigned to that expression by section 31 (6) ;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] wolf means a member of the genus Canis other than Canis familiaris;

[Section 3 Subsection (1) amended by No. 45 of 1998, s. 73, Applied:30 Apr 1999] World Heritage Area has the same meaning as in the Public Land (Administration and Forests) Act 1991 .

(2)  [Section 3 Subsection (2) amended by No. 62 of 1977, s. 2 ][Section 3 Subsection (2) omitted by No. 45 of 1998, s. 73, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(3)  [Section 3 Subsection (3) amended by No. 62 of 1977, s. 2 ]References in this Act to the taking of any wildlife or to the taking of a form of wildlife that is game shall be construed as including references to the killing, destroying, hunting, pursuing, catching, shooting, netting, snaring, or injuring that wildlife or that form of wildlife, and references to the taking of any product of any wildlife shall be construed as including references to the carrying out of any operation for the purpose of obtaining that product, or having the effect of destroying or damaging of that product.

(4)  References in this Act to the taking of any plant shall be construed as including references to the destroying or damaging of that plant, and to the taking, destroying, or damaging of any fruit or seeds of the plant or any product or part of the plant.

(5)  References in this Act to the taking of any thing shall be construed as including references to attempting to take, or assisting in the taking of, that thing.

(6)  References in this Act to selling shall be construed as including references to any disposal by way of trade and references therein to buying shall be construed as including references to receiving or accepting under a contract to sell, and to offering to receive or accept, or causing or suffering to be received or accepted, under such a contract.

(6A)  [Section 3 Subsection (6A) inserted by No. 62 of 1977, s. 2 ]For the purposes of this Act,

have in possession includes having under control in any place or conveyance, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question and, without restricting the generality of the foregoing provisions of this subsection, a person shall be deemed to have a thing in his possession so long as it is in or on any place or conveyance occupied, controlled, or used by that person or is used or controlled by him in or on any place or conveyance, unless he proves that he had no knowledge of that thing.

(7)  Unless the contrary intention appears a reference in this Act to a thing shall be construed as including a reference to a living thing.

3A.   Compliance with resource management and planning system objectives

[Section 3A Inserted by No. 45 of 1998, s. 75, Applied:30 Apr 1999]

(1)  In exercising any powers or performing any functions under this Act in relation to any reserved land, a person must have regard to the resource management and planning system objectives.

(2)  In the case of reserved land for which there is a management plan, if there is any inconsistency between the resource management and planning system objectives and the provisions of the management plan, the provisions of the management plan prevail.

(3)  In the case of reserved land for which there is not a management plan, if there is any inconsistency between the resource management and planning system objectives and the management objectives for the class of that reserved land or the purposes for which that land was reserved, the latter objectives and the purposes prevail.

PART II - Administration

Division 1 - [Part II, Div. 1 Heading substituted by No. 5 of 1990, s. 3 and Sched. 1 ]Director of National Parks and Wildlife

4.   

5.   Director of National Parks and Wildlife

[Section 5 Substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 5 Substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Governor may appoint a State Service officer or State Service employee to be Director of National Parks and Wildlife and that officer or employee is to hold that office in conjunction with State Service employment.

6.   General functions of Director

(1)  [Section 6 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Subject to this Act, the Director has the following duties:

(a) the keeping under review of the setting aside of land for conservation purposes and the promotion of those purposes in relation to the use or development of land generally;

(b) the carrying out, or arranging for the carrying out, of research and other activities that appear to him desirable in connection with the administration of this Act or the conservation of the fauna or flora of the State;

(c) the carrying out, or the promotion of the carrying out, of educational activities, and the provision and dissemination of information, related to the conservation of the fauna or flora of the State or other matters arising in connection with the administration of this Act;

(d) the furnishing of the Council and the special advisory committees with such information as they may require and is reasonably available to him in connection with the carrying out of his functions under this Act;

(e) the preparation, in relation to reserved lands, of plans with a view to their submission to the Governor for approval as management plans for those lands and the keeping under review of the provisions of management plans for the time being in force;

(f) the exercise, in such cases as are provided for in this Act, of the functions of a managing authority for reserved lands, and the giving of advice and assistance to other managing authorities for reserved lands;

(g) the provision of effective means for the enforcement of the wildlife regulations and the other regulations made under this Act.

(2)  The Minister may give directions to the Director with respect to the carrying out of his functions under this Act, and, in carrying out those functions, the Director shall comply with any directions so given.

(3)  No directions shall be given under subsection (2) with respect to the making by the Director of any recommendation required under any provision of this Act.

(4)  [Section 6 Subsection (4) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

7.   Officers of the Service

[Section 7 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of enabling the Director to discharge his functions under this Act or otherwise for the purpose of the administration of this Act.

(2)  [Section 7 Subsection (2) omitted by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  [Section 7 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 7 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary may, with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency to undertake any duties for the purposes of this Act, and such officers and employees may undertake such duties in conjunction with State Service employment.

8.   Rangers

[Section 8 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]

(1)  [Section 8 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 8 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary may appoint State Service officers and State Service employees employed in the Department to be rangers for the purposes of this Act and those officers and employees are to hold office in conjunction with State Service employment.

(1A)  [Section 8 Subsection (1A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 8 Subsection (1A) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Secretary may, with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency to be rangers for the purposes of this Act, and such officers and employees may hold office as rangers in conjunction with State Service employment.

(1B)  [Section 8 Subsection (1B) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 8 Subsection (1B) inserted by No. 29 of 1984, s. 3 and Sched. 1 ]The Secretary may authorize persons, not being State Service officers or State Service employees, to perform the duties and exercise the powers of rangers for the purposes of this Act.

(2)  [Section 8 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]Any person appointed as a ranger or authorized to perform the duties and exercise the powers of a ranger under subsection (1) may be so appointed in respect of specified reserved land.

(3)  [Section 8 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where the managing authority for any reserved land is not the Director, that authority, with the approval of the Secretary, may appoint rangers in respect of that reserved land.

(4)  [Section 8 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]A ranger appointed or authorized under this section in respect of particular reserved land shall not exercise the powers of a ranger under this Act otherwise than in respect of that land.

8A.   Adoption of emblem for use by the Director

[Section 8A Inserted by No. 85 of 1974, s. 2 ][Section 8A Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 8A Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Governor may, by order, determine the emblem to be adopted for use by the Director, that emblem being referred to in this section as "the authorized emblem".

(2)  [Section 8A Subsection (2) amended by No. 10 of 1984, s. 4 ]No person shall, without the permission of the Director –

(a) have in his possession or under his charge or control any article bearing; or

(b) use for the purposes of any business or other activity carried on by him or in which he is engaged –

the authorized emblem or any other emblem that is capable of being mistaken for that emblem.

Penalty:  Fine not exceeding 5 penalty units.

Division 2 - National Parks and Wildlife Advisory Council, &c.

9.   Establishment and functions of the National Parks and Wildlife Advisory Council

(1)  There shall be established a council to be called the National Parks and Wildlife Advisory Council.

(2)  [Section 9 Subsection (2) substituted by No. 93 of 1995, s. 4 ]The functions of the Council are as follows:

(a) to advise the Minister on the administration of this Act, including matters referred to it by the Minister;

(b) to provide a forum for consultation on policy issues of State significance that are related to this Act;

(c) to maintain an overview of the relevance of the Director's role and achievements relative to public expectations;

(d) to promote understanding and acceptance of the Director's role and associated programs;

(e) to encourage, and act as a focal point for, community support for projects carried out and services provided under this Act;

(f) to review management plans for reserved land.

(3)  Without prejudice to the generality of the provisions of subsection (2) , where the Minister refers to the Council any matter related to the administration of this Act, it shall, as soon as practicable, consider that matter and make a report thereon to the Minister with such recommendations as it may consider appropriate in the circumstances.

(4)  Subject to this Act, the Minister may make arrangements to render available to the Council such accommodation and assistance as it may require.

10.   Constitution of the Council

[Section 10 Subsection (13) amended by No. 93 of 1995, s. 5 ]

(1)  [Section 10 Subsection (1) substituted by No. 93 of 1995, s. 5 ]The Council consists of not more than 12 persons nominated by the Minister.

(2)  [Section 10 Subsection (2) substituted by No. 93 of 1995, s. 5 ]The persons nominated for membership of the Council are to be persons who, in the opinion of the Minister –

(a) have an interest in, and an ability to contribute to, the objectives of this Act; and

(b) have the capacity to offer independent advice, taking into account community views and expectations.

(3)  [Section 10 Subsection (3) substituted by No. 93 of 1995, s. 5 ]The members are appointed by the Governor.

(3A)  [Section 10 Subsection (3A) inserted by No. 93 of 1995, s. 5 ]The Governor may appoint a member as chairperson of the Council.

(4)  [Section 10 Subsection (4) amended by No. 93 of 1995, s. 5 ]A person appointed as the chairperson shall be so appointed for the term specified in the instrument of his or her appointment and, subject to this section, ceases to hold office as such at the expiration of that term.

(5)  [Section 10 Subsection (5) substituted by No. 1 of 2000, s. 4, Applied:28 Apr 2000] Subject to subsection (6) , a member of the Council, unless that member sooner resigns or is removed from office or otherwise ceases to hold office, continues in office for the term, not exceeding 3 years, specified in the instrument of appointment.

(6)  Where a member of the Council dies or ceases to hold office otherwise than by reason of the effluxion of time, the member appointed to fill the vacancy ceases to hold office at the expiration of the unexpired term of office of the member in whose place he is appointed.

(7)  [Section 10 Subsection (7) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 10 Subsection (7) substituted by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The members of the Council are not, as such, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Council in conjunction with State Service employment.

(8)  [Section 10 Subsection (8) amended by No. 93 of 1995, s. 5 ]The chairperson of the Council, or, if the chairperson is absent or there is no chairperson, such one of the other members present as they may choose, shall preside at each meeting of the Council.

(9)  [Section 10 Subsection (9) amended by No. 93 of 1995, s. 5 ]The chairperson or other person presiding at a meeting of the Council has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Council, that matter stands adjourned to the next meeting of the Council.

(10)  Six members of the Council constitute a quorum at any meeting of the Council.

(11)  The Director, or a person nominated by him, has a right to attend any meeting of the Council.

(12)  Subject to this Act, the Council may regulate its own proceedings.

(13)  [Section 10 Subsection (13) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 10 Subsection (13) amended by No. 1 of 2000, s. 4, Applied:28 Apr 2000] [Section 10 Subsection (13) amended by No. 29 of 1984, s. 3 and Sched. 1 ]The chairperson and the other members of the Council shall be paid such remuneration as the Governor may approve, and the chairperson and the other members of the Council may be paid such travelling or other allowances as may be so approved but no allowances shall be paid to a member of the Council who is a State Service officer or State Service employee except with the approval of the Head of the State Service Agency in which the officer or employee is employed.

11.   Removal of members of the Council

(1)  The Governor may remove any member of the Council from office if he is satisfied that that member –

(a) has become, in the opinion of the Governor, permanently incapable of carrying out the duties of his office;

(b) has misconducted himself in the performance of the duties of his office;

(c) has, by reason of a change of occupation or otherwise, ceased to be a person suitable to represent the interests of the classes of persons that he was appointed to represent;

(d) without leave of the Council, has been absent from 3 or more consecutive meetings of the Council;

(e) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his creditors; or

(f) has been convicted (whether in this State or elsewhere) of an offence of such a nature that, in the opinion of the Governor, renders it improper for him to continue to hold his office.

(2)  Without prejudice to the generality of the provisions of subsection (1) (b) , a member of the Council shall be deemed to have misconducted himself in the performance of the duties of his office if –

(a) he votes on any matter before the Council in which he has, directly or indirectly, a pecuniary interest; or

(b) he takes part in, or is present at, the discussion of any such matter before the Council without disclosing his pecuniary interest to the members of the Council present.

(3)  In the case of married persons living together a pecuniary interest of one spouse shall, if known to the other, be deemed for the purposes of this section to be also a pecuniary interest of that other spouse.

(4)  The Governor shall not remove a member of the Council otherwise than under this section.

12.   Special advisory committees

(1)  The Minister may, by order, establish special advisory committees for the purpose of –

(a) advising the Minister on such matters in relation to the administration of this Act as may be specified in the order; or

(b) advising the Director, or a managing authority for any reserved land, on such matters arising in relation to the exercise of his or its functions under this Act as may be so specified.

(2)  An order under this section may specify the number of members of the special advisory committee to which it relates, and, subject to this section, may contain provisions regulating the appointment of members of the committee and the proceedings of that committee, and giving the Director, or a person nominated by him in that behalf, the right to attend meetings of the committee.

(3)  The members of a special advisory committee shall be appointed by the Minister, and the chairman of the committee shall be such member thereof as the Minister may appoint in that behalf.

(4)  At any meeting of a special advisory committee, the chairman or, if he is absent or there is no chairman, such one of the other members present, as they may choose, shall preside at the meeting.

(5)  The chairman or other person presiding at a meeting of a special advisory committee has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the committee, the matter stands adjourned to the next meeting of the committee.

(6)  At any meeting of a special advisory committee a quorum is constituted if at least half the number of members of the committee, as determined pursuant to subsection (2) , is present.

(7)  Subject to this Act, the Minister may make arrangements to render available to a special advisory committee such accommodation and assistance as it may require.

(8)  The members of a special advisory committee may be paid such travelling and other allowances as the Governor may approve.

PART III - Reservation and Acquisition of Land

13.   

14.   Declaration of Crown land as reserved land

[Section 14 Subsection (1A) inserted by No. 62 of 1977, s. 4 ][Section 14 Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  If the Governor is of the opinion that any Crown land should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in one of the following classes:

(i) national park;

(ii) State reserve;

(iii) nature reserve;

(iv) game reserve;

(v) conservation area;

(vi) nature recreation area;

(vii) regional reserve;

(viii) historic site; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15 .

(4)  This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920 .

(5)  Subject to any proclamation made under section 16 , any area of reserved land in a class referred to in subsection (1)(a) remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land.

14A.   Declaration of private land as reserved land

[Section 14A Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  If the Governor is of the opinion that any private land should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in the class of –

(i) private sanctuary; or

(ii) private nature reserve; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15 .

(4)  A proclamation is not to be made under subsection (1) without the consent of the owner of the land.

(5)  Subject to any proclamation made under section 16 , any area of reserved land in the class of private sanctuary or private nature reserve remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land.

(6)  A proclamation made under subsection (1) does not have effect until it is registered in accordance with section 16A .

14B.   Land vested in public authority

[Section 14B Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  If the Governor is of the opinion that any land vested in a public authority should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in the class of conservation area; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in the class of conservation area if the land satisfies the criteria relating to that class as set out in section 15(5) .

(4)  A proclamation is not to be made under subsection (1) without the consent of the public authority in which the land is vested.

(5)  This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920 .

(6)  Subject to any proclamation made under section 16 , any area of reserved land that is vested in a public authority remains reserved land in the class of conservation area notwithstanding any subsequent disposition of the land or any other dealing in that land.

14C.   Land acquired by Governor as reserved land

[Section 14C Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  The Governor may acquire any area of land that, in the opinion of the Governor, should be acquired for a conservation purpose.

(2)  Any area of land acquired under subsection (1) , from the date of the registration of the title in the name of the Crown –

(a) is taken to have been set aside for a conservation purpose; and

(b) is declared to be reserved land in the class of conservation area.

14D.   Lease of reserved land

[Section 14D Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  If the Minister, on the recommendation of the Director, is satisfied that any land should be set aside for a conservation purpose for a specified period, the Minister may, in the name and on behalf of the Crown, take a lease of that land for such term, and on such covenants and conditions, as may be approved by the Minister.

(2)  For the term of the lease of an area of land under subsection (1) , that land is –

(a) taken to have been set aside for aconservation purpose; and

(b) is declared to be reserved land in –

(i) the class of national park if the land satisfies the criteria relating to that class as set out in section 15(1) ; or

(ii) the class of State reserve if the land satisfies the criteria relating to that class as set out in section 15(2) ; or

(iii) the class of nature reserve if the land satisfies the criteria relating to that class as set out in section 15(3) ; or

(iv) the class of game reserve if the land satisfies the criteria relating to that class as set out in section 15(4) ; or

(v) the class of historic site if the land satisfies the criteria relating to that class as set out in section 15(8) .

15.   Classes of reserved land

[Section 15 Subsection (1) amended by No. 62 of 1977, s. 5 ][Section 15 Subsection (1C) substituted by No. 32 of 1992, s. 4 ][Section 15 Subsection (4) amended by No. 62 of 1977, s. 5 ][Section 15 Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  Land may be declared to be reserved land in the class of national park if –

(a) the land –

(i) possesses the values specified in item 1 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of national park possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 1 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(2)  Land may be declared to be reserved land in the class of State reserve if –

(a) the land –

(i) possesses the values specified in item 2 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of State reserve possessing those values; and

(b) the land was reserved for –

(i) any one or more of the purposes specified in item 2 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(3)  Land may be declared to be reserved land in the class of nature reserve if –

(a) the land –

(i) possesses the values specified in item 3 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of nature reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 3 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(4)  Land may be declared to be reserved land in the class of game reserve if –

(a) the land –

(i) possesses the values specified in item 4 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of game reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 4 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(5)  Land may be declared to be reserved land in the class of conservation area if –

(a) the land –

(i) possesses the values specified in item 5 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of conservation area possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 5 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(6)  Land may be declared to be reserved land in the class of nature recreation area if –

(a) the land –

(i) possesses the values specified in item 6 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of nature recreation area possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 6 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(7)  Land may be declared to be reserved land in the class of regional reserve if –

(a) the land –

(i) possesses the values specified in item 7 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of regional reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 7 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(8)  Land may be declared to be reserved land in the class of historic site if –

(a) the land –

(i) possesses the values specified in item 8 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of historic site possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 8 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(9)  Land may be declared to be reserved land in the class of private sanctuary if –

(a) the land –

(i) possesses the values specified in item 9 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of private sanctuary possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 9 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(10)  Land may be declared to be reserved land in the class of private nature reserve if –

(a) the owner of the land has given up any right to require that the reservation of that land be revoked; and

(b) the land –

(i) possesses the values specified in item 10 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of private nature reserve possessing those values; and

(c) the land was reserved for –

(i) the purposes specified in item 10 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (b)(ii) .

15A.   Alteration of class of reserved land

[Section 15A Inserted by No. 62 of 1977, s. 6 ][Section 15A Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  The Governor, by proclamation, may –

(a) declare any reserved land, or part of any reserved land, that has been declared to be in one of the classes referred to in section 14(1) to be reserved land in another of the classes specified in that section; and

(b) give a name to that reserved land.

(2)  Any name given to any reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land, as specified in section 14(1) ; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in another class if the land satisfies the criteria relating to that other class as set out in section 15 .

15B.   Parliamentary approval required for certain draft proclamations

[Section 15B Inserted by No. 62 of 1977, s. 6 ][Section 15B Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 15B Subsection (1) amended by No. 10 of 1984, s. 5 ][Section 15B Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  A proclamation is not to be made under section 14(1) or section 15A(1) declaring land to be reserved land in the class of national park, State reserve, nature reserve or historic site unless a draft of the proclamation has been first approved by each House of Parliament.

(2)  A proclamation is not to be made under section 15A(1) declaring any reserved land, or part of any reserved land, in the class of national park, State reserve, nature reserve, game reserve or historic site to be in any other class unless a draft of the proclamation has been first approved by each House of Parliament.

(3)  For the purpose of subsection (1) , a House of Parliament is to be taken to have approved a draft of a proclamation if a copy of it has been laid on the table of the House and –

(a) it is approved by the House; or

(b) [Section 15B Subsection (3) amended by No. 1 of 2000, s. 5, Applied:28 Apr 2000] at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) [Section 15B Subsection (3) amended by No. 1 of 2000, s. 5, Applied:28 Apr 2000] if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(4)  [Section 15B Subsection (4) omitted by No. 1 of 2000, s. 5, Applied:28 Apr 2000] .  .  .  .  .  .  .  .  

15C.   Naming of reserved land

[Section 15C Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  The Governor, by proclamation, may give a name to any reserved land –

(a) that has not been given a name under this Act; or

(b) whose name does not include the name of a class of reserved land specified in section 14(1) or section 14A(1) .

(2)  The Governor, by proclamation, may give another name to any reserved land, or part of any reserved land, that has been given a name under this Act.

(3)  Any name given to any reserved land under subsection (1) or (2) is to –

(a) include the name of the class of that reserved land as specified in section 14(1) or section 14A(1) ; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(4)  A proclamation is not to be made under subsection (1) or (2) if that proclamation would have the effect of altering the class of any reserved land.

(5)  A proclamation made under subsection (1) or (2) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A .

15D.   Prohibition of certain names except in reference to reserved land

[Section 15D Inserted by No. 45 of 1998, s. 77, Applied:30 Apr 1999] A person must not use, or cause or permit to be used, alone or in combination with other words, the name of any class of reserved land as specified in section 14(1) or section 14A(1) in reference to any land –

(a) that is not reserved land; or

(b) that is not reserved land of that class.

Penalty:  Fine not exceeding 20 penalty units.

16.   Revocation of reservations

[Section 16 Subsection (1) amended by No. 62 of 1977, s. 7 ][Section 16 Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  Subject to this section, the Governor by proclamation may declare that, on such day as may be specified in the proclamation or on the day the proclamation is notified in the Gazette, any area of land ceases to be, or to form part of, reserved land and, on that day, that reserved land is abolished or varied accordingly.

(2)  Subject to subsection (5) , a proclamation is not to be made under subsection (1) unless a draft of the proclamation has been first approved by each House of Parliament.

(3)  A proclamation is not to be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under section 25A for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that –

(a) the owner has refunded –

(i) any money paid for the purpose of securing that reserve; or

(ii) an appropriate proportion of that money; or

(b) the owner has refunded –

(i) any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or

(ii) an appropriate proportion of that money; or

(c) the owner has refunded –

(i) any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or

(ii) an appropriate proportion of that money; or

(d) special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money.

(4)  [Section 16 Subsection (4) amended by No. 12 of 2001, s. 4, Applied:12 Apr 2001] For the purposes of this section, in respect of a proclamation relating to reserved land in the class of conservation area, nature recreation area or regional reserve, a House of Parliament is to be taken to have approved a draft of the proclamation if a copy of it has been laid on the table of the House and –

(a) it is approved by the House; or

(b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(5)  Subsection (2) does not apply to a proclamation relating to reserved land in any of the following classes:

(a) [Section 16 Subsection (5) amended by No. 12 of 2001, s. 4, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(b) private sanctuary.

(6)  A proclamation made under subsection (1) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A .

(7)  This section does not apply to leased reserves.

16A.   Registration of proclamations relating to private sanctuaries or private nature reserves

[Section 16A Inserted by No. 62 of 1977, s. 8 ][Section 16A Subsection (5) amended by No. 19 of 1980, s. 171 and Sched. 1 ][Section 16A Substituted by No. 45 of 1998, s. 77, Applied:30 Apr 1999]

(1)  If a proclamation is made under section 14A declaring any land to be in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of that land.

(2)  If a proclamation is made under section 15C relating to any reserved land in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates.

(3)  If a proclamation is made under section 16(1) by which the whole or any part of reserved land in the class of private sanctuary or private nature reserve ceases to be, or form part of, reserved land, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates.

(4)  The provisions of Schedule 6 have effect in relation to the registration of proclamations referred to in this section.

(5)  Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.

17.   Lands subject to trusts

(1)  [Section 17 Subsection (1) amended by No. 45 of 1998, s. 80, Applied:30 Apr 1999] Land that may be acquired under section 14C may be so acquired subject to a trust for its use for a conservation purpose.

(2)  For the purposes of subsection (1) , where land is held by trustees on trust for its use for a conservation purpose those trustees may, unless the instrument under which the land is held otherwise provides, surrender that land subject to its continuing to be held on that trust.

(3)  Any Crown land subject to a trust under this section is in this Act referred to as "trust land".

18.   Supplementary provisions as to acquisition of land, &c.

(1)  [Section 18 Subsection (1) amended by No. 45 of 1998, s. 81, Applied:30 Apr 1999] [Section 18 Subsection (1) amended by No. 24 of 1993, s. 3 and Sched. 1 ]Land that may be acquired under section 14C may be acquired under and in accordance with the Land Acquisition Act 1993 , or by any means by which land may be surrendered to, or may revert to and revest in, the Crown.

(2)  [Section 18 Subsection (2) amended by No. 45 of 1998, s. 81, Applied:30 Apr 1999] Where any land that may be acquired under section 14C is held under a single title with other land, the Governor may acquire the whole or any part of that other land.

(3)  Where the Governor is authorized under this Act to acquire any land, that land may be acquired by the exchange therefor of any Crown land, not being reserved land.

(4)  An exchange of land under this section may be made on such terms and conditions as may be agreed, including terms and conditions with respect to the payment, giving, or receipt of any sums or other consideration by way of equality of exchange; and, for the purpose of effecting the exchange, the Governor, in the name of the Sovereign, may grant any Crown land for an estate in fee simple.

(5)  [Section 18 Subsection (5) amended by No. 62 of 1977, s. 20 and Sched. 1 ]Any land that has been acquired under this Part and does not thereby become reserved land, may, without prejudice to the exercise of any other powers of this Act, be disposed of or dealt with in accordance with the Crown Lands Act 1976 , or otherwise, as if it were Crown land within the meaning of that Act.

PART IV - Management of Reserved Lands

18A.   Interpretation

[Section 18A Inserted by No. 45 of 1998, s. 82, Applied:30 Apr 1999] In sections 19 , 20 and 21  –

class, in relation to reserved land, includes the class of forest reserve if the reserved land is in the World Heritage Area;

management objectives, in relation to the class of forest reserve, means the objectives specified in Schedule 3 of the Forestry Act 1920 ;

purposes of reservation, in relation to the class of forest reserve, means the purposes specified in section 20(1)(a) of the Forestry Act 1920 ;

reserved land includes land in the class of forest reserve if that land is included in the World Heritage Area.

19.   Management plans

[Section 19 Amended by No. 42 of 1991, s. 117 ]

(1)  In accordance with this Part plans for the use, development, and management of any reserved lands may be approved by the Governor; and any such plan may be a plan that, in whole or in part, rescinds, replaces, or alters any plan previously approved under this section in respect of those lands.

(1A)  [Section 19 Subsection (1A) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] A plan approved under this section may relate to –

(a) specified reserved land; or

(b) a specified part of any reserved land; or

(c) a specified group of reserved lands; or

(d) a specified class of reserved land.

(1B)  [Section 19 Subsection (1B) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] A plan may only be approved under this section in relation to land in the class of forest reserve with the agreement of the Forestry corporation.

(1BA)  [Section 19 Subsection (1BA) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] Before a plan is approved under this section in relation to any land to which the Mineral Resources Development Act 1995 applies, the Minister is to consult with the Minister responsible for the administration of the Mineral Resources Development Act 1995 .

(1C)  [Section 19 Subsection (1C) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] If a management plan (the "specific plan") is approved for any reserved land that is within a specified group of reserved lands or class of reserved land for which there is a management plan (the "general plan"), the provisions of the specific plan prevail over the provisions of the general plan to the extent of any inconsistency.

(1D)  [Section 19 Subsection (1D) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] If a forest management plan within the meaning of the Forestry Act 1920 (the "specific plan") is approved for any reserved land that is within a specified group of reserved lands or class of reserved land for which there is a management plan (the "general plan"), the provisions of the specific plan apply to the extent that they are consistent with the provisions of the general plan.

(2)  [Section 19 Subsection (2) substituted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] A plan in respect of any land within a private sanctuary or private nature reserve is not to be approved under this section without the consent of the owner of that land.

(2A)  [Section 19 Subsection (2A) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] A plan in respect of any land within a conservation area that includes any land vested in a public authority is not to be approved under this section without the consent of that public authority.

(2B)  [Section 19 Subsection (2B) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] If the Director does not receive the consent of the owner of land that is a private nature reserve for a management plan prepared for that reserve within 60 days after consent is sought, the Director may submit the management plan to the Appeal Tribunal for arbitration.

(2C)  [Section 19 Subsection (2C) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] Before making a decision on a management plan, the Appeal Tribunal is to consult with the Director and the owner of the land.

(2D)  [Section 19 Subsection (2D) inserted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] Any decision of the Appeal Tribunal is binding on all persons.

(3)  The plans approved under this section and for the time being in force in respect of any reserved land are in this Act referred to as the management plan for that land.

(4)  [Section 19 Subsection (4) inserted by No. 52 of 1980, s. 5 ][Section 19 Subsection (4) omitted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(5)  [Section 19 Subsection (5) inserted by No. 52 of 1980, s. 5 ][Section 19 Subsection (5) omitted by No. 45 of 1998, s. 83, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

20.   Formulation of management plans

[Section 20 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 20 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 20 Amended by No. 5 of 1990, s. 3 and Sched. 1 ]

(1)  [Section 20 Subsection (1) amended by No. 45 of 1998, s. 84, Applied:30 Apr 1999] [Section 20 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]In accordance with section 6 it is the responsibility of the Director to cause to be prepared, with a view to their submission to the Governor, such plans as are referred to in section 19 (1) .

(2)  The Governor shall not approve a plan under section 19 unless it is submitted to him in accordance with this section.

(2A)  [Section 20 Subsection (2A) amended by No. 45 of 1998, s. 84, Applied:30 Apr 1999] [Section 20 Subsection (2A) inserted by No. 52 of 1980, s. 6 ]Where the Director considers that an Act administered in or by means of a department or State instrumentality or 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, instrumentality, or authority;

(b) a person employed in the department or employed by or in the instrumentality or authority (not being the responsible officer of the department, instrumentality, or authority);

(c) the instrumentality or authority, in the case of an Act administered in or by means of a State instrumentality or authority; or

(d) the Minister responsible for the administration of the department, instrumentality, or authority–

the Director shall, by written notice given to the responsible officer of the department, instrumentality, or authority request him 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 reasons for making the representations.

(2B)  [Section 20 Subsection (2B) inserted by No. 52 of 1980, s. 6 ]For the purposes of subsection (2A) , responsible officer means –

(a) [Section 20 Subsection (2B) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] in relation to an Agency, within the meaning of the State Service Act 2000 , the Head of that Agency; and

(b) in relation to a State instrumentality or authority, the president, chairman, or other principal or presiding member of the instrumentality or authority or, if the instrumentality or authority comprises a single person, that person.

(2C)  [Section 20 Subsection (2C) amended by No. 45 of 1998, s. 84, Applied:30 Apr 1999] [Section 20 Subsection (2C) inserted by No. 52 of 1980, s. 6 ]The Director may, in a notice given by him for the purposes of subsection (2A) , 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, in which the Director shall be provided with representations for the purposes of that subsection.

(2D)  [Section 20 Subsection (2D) inserted by No. 52 of 1980, s. 6 ]A notice given for the purposes of subsection (2A) may be sent by post, or delivered personally, to the person to whom it is directed.

(2E)  [Section 20 Subsection (2E) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] A plan may only be prepared under this section in relation to any land in the class of forest reserve in consultation with the Forestry corporation.

(2F)  [Section 20 Subsection (2F) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] A plan in respect of any land within a private sanctuary or private nature reserve may only be prepared under this section in consultation with the owner of the land.

(2G)  [Section 20 Subsection (2G) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] A plan in respect of any land that is vested in a public authority and that is within a conservation area may only be prepared under this section in consultation with that public authority.

(2H)  [Section 20 Subsection (2H) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] In preparing a management plan for any reserved land, the Director is to have regard to –

(a) if the management plan relates to a specified class of reserved land, the purposes of reservation and the management objectives for that class; or

(b) if the management plan relates to more than one class of reserved land, the purposes of reservation and the management objectives for those classes.

(3)  Before a plan in respect of any reserved land is submitted to the Governor for his approval under section 19 (1) the Minister shall furnish the Council with a copy of the plan that it is proposed to submit to the Governor and shall cause to be published in at least 3 newspapers circulating within the State a notice –

(a) stating that it is proposed to submit a plan in respect of that land to the Governor for his approval;

(b) specifying the place at which the plan may be inspected and copies thereof obtained; and

(c) stating that representations with respect to the plan may be made to the Minister before such date as may be specified in the notice, not being earlier than 30 days after the publication thereof.

(4)  [Section 20 Subsection (4) amended by No. 45 of 1998, s. 84, Applied:30 Apr 1999] [Section 20 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where a notice has been published in respect of a plan under subsection (3) the Director shall, on the payment of such charge (if any) as the Minister may fix, furnish a copy of that plan to any person requesting the same.

(5)  [Section 20 Subsection (5) substituted by No. 52 of 1980, s. 6 ]Subject to subsections (6) and (7) , the Minister shall submit a management plan to the Governor for his approval after the Minister has considered any representations with respect to the plan made to the Minister –

(a) by the Council within 30 days after the Council has been furnished with a copy of the plan or within such further time as the Minister may allow; and

(b) by any other person in response to a notice published in respect of the plan under subsection (3) .

(5A)  [Section 20 Subsection (5A) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] In considering any representations made to the Minister in respect of a management plan for any reserved land, the Minister is to have regard to –

(a) if the management plan relates to a specified class of reserved land, the purposes of reservation and the management objectives for that class; or

(b) if the management plan relates to more than one class of reserved land, the purposes of reservation and the management objectives for those classes.

(6)  [Section 20 Subsection (6) inserted by No. 52 of 1980, s. 6 ]A management plan submitted for the Governor's approval under section 19 may be an unaltered plan or a plan containing such alterations as, subject to subsection (7) , the Minister thinks desirable, having regard to the representations made to him that are referred to in subsection (5) .

(7)  [Section 20 Subsection (7) inserted by No. 52 of 1980, s. 6 ]The Minister shall not make alterations to a management plan, being alterations that will affect a restriction on the exercise of a statutory power included in the plan, unless those alterations have been the subject of a previous consultation between him and the Minister administering the Act under which that statutory power is exercised.

(8)  [Section 20 Subsection (8) inserted by No. 45 of 1998, s. 84, Applied:30 Apr 1999] Nothing in this section requires a 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.

21.   Contents of management plans

[Section 21 Subsection (1) amended by No. 52 of 1980, s. 7 ]

(1)  [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] [Section 21 Subsection (1) amended by No. 62 of 1977, s. 9 ]A management plan for any reserved land–

(a) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] may indicate the manner in which the powers of the managing authority under this Act are to be exercised in relation to that land, or any part thereof; and

(b) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] may prohibit or restrict, in relation to that land, or any part thereof, the exercise of those powers; and

(ba) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] may, if the land is a private sanctuary or private nature reserve, specify the cases and the circumstances in which the owner of the land is bound by regulations under section 29; and

(bb) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] is to specify the purposes for which that land was reserved; and

(bc) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] if the management plan relates to a specified class of reserved land, is to specify any or all of the management objectives for that class of reserved land as the objectives for which the land is to be managed; and

(bca) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] if the management plan relates to a specified class of reserved land, is to specify the reasons for which any management objectives for that class of reserved land –

(i) have been specified in the management plan as the objectives for which that land is to be managed; and

(ii) have not been specified in the management plan as the objectives for which that land is to be managed; and

(bd) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] if the management plan relates to more than one class of reserved land, is to specify any or all of the management objectives for each class of reserved land as the objectives for which the land in that class is to be managed; and

(bda) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] if the management plan relates to more than one class of reserved land, is to specify the reasons for which any management objectives for any of those classes –

(i) have been specified in the management plan as the objectives for which the land in that class is to be managed; and

(ii) have not been specified in the management plan as the objectives for which the land in that class is to be managed; and

(be) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] may specify any condition that applies to the application of any management objective specified in the management plan; and

(bf) [Section 21 Subsection (1) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] is to specify the manner in which the management objectives specified in the management plan are to be achieved; and

(c) may contain any other provisions that are authorized by this Act to be contained in that plan.

(2)  [Section 21 Subsection (2) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] [Section 21 Subsection (2) amended by No. 62 of 1977, s. 9 ]Subject to subsection (3) , a management plan for any land within a national park, State reserve, nature reserve, game reserve or historic site may make provision for the use or development of that land otherwise than under the powers conferred by this Act and for that purpose may authorize the exercise in relation to that land, subject to such restrictions (if any) as may be specified in the plan, of any statutory power.

(3)  [Section 21 Subsection (3) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] Any provisions in a management plan giving such authority as is referred to in subsection (2) are of no effect unless the inclusion of those provisions in that plan is approved by each House of Parliament.

(3AA)  [Section 21 Subsection (3AA) inserted by No. 45 of 1998, s. 85, Applied:30 Apr 1999] For the purposes of this section, a House of Parliament is to be taken to have approved the inclusion of provisions in a management plan giving such authority as is referred to in subsection (2) if a copy of the plan with the provisions clearly indicated has been laid on the table of that House and –

(a) such inclusion is approved by that House; or

(b) at the expiration of 5 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(3A)  [Section 21 Subsection (3A) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] [Section 21 Subsection (3A) inserted by No. 52 of 1980, s. 7 ]Notice of approval of the inclusion in a management plan of provisions referred to in subsection (3) shall be forthwith published in the Gazette by the Clerk of the House which has granted approval.

(4)  [Section 21 Subsection (4) amended by No. 45 of 1998, s. 85, Applied:30 Apr 1999] [Section 21 Subsection (4) amended by No. 62 of 1977, s. 9 ]A management plan for any land within a conservation area, nature recreation area, regional reserve, private nature reserve or private sanctuary may prohibit or restrict the exercise in relation to that land of any statutory powers.

(5)  Any restriction imposed under this section on the exercise of a statutory power may be a restriction specifying the conditions subject to which it may be exercised, or the circumstances in which it may or may not be exercised.

(6)  Any condition imposed under this section on the exercise of a statutory power may be a condition requiring the carrying out, or designed to facilitate or promote the carrying out, of works and other operations during or after the exercise of that power, or requiring the entering into of contracts or the making of any other arrangements designed to secure the carrying out of those works or operations.

(7)  [Section 21 Subsection (7) omitted by No. 52 of 1980, s. 7 ].  .  .  .  .  .  .  .  

21A.   Notification and taking effect of management plans

[Section 21A Inserted by No. 52 of 1980, s. 8 ]

(1)  Subject to subsection (2) , the Minister shall, forthwith after the Governor has approved a management plan under section 19 , cause notice of the approval of the plan to be published in the Gazette.

(2)  Where provisions giving such authority as is referred to in section 21 (2) are included in a management plan, the notice of the approval of the plan published pursuant to subsection (1) –

(a) [Section 21A Subsection (2) amended by No. 45 of 1998, s. 86, Applied:30 Apr 1999] shall state whether or not the inclusion of those provisions in the plan has been approved by each House of Parliament; and

(b) shall, if the inclusion of those provisions has not been so approved, state that –

(i) they are of no effect unless their inclusion is so approved; and

(ii) an inspection of the plan may be made pursuant to subsection (4) for the purpose of obtaining information about those provisions.

(3)  Subject to section 21 (3) , a management plan takes effect on the seventh day after the date of notice of its approval has been published as required by subsection (1) .

(4)  When notice of the approval of a management plan has been published under subsection (1) , the Director –

(a) shall, on the request of any person and without payment of a fee, permit that person to inspect the plan; and

(b) if it is practicable, shall, on the request of any person and on payment by him of such charge (if any) as the Minister may fix, furnish that person with a copy of the plan.

22.   Managing authorities for reserves

[Section 22 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 22 Subsection (1) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] [Section 22 Subsection (1) amended by No. 52 of 1980, s. 9 ]Subject to the orders made under this section the Director is the managing authority for all reserved land, other than –

(a) [Section 22 Subsection (1) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] land within a private sanctuary or private nature reserve; or

(b) [Section 22 Subsection (1) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] land vested in a public authority.

(1A)  [Section 22 Subsection (1A) inserted by No. 52 of 1980, s. 9 ][Section 22 Subsection (1A) omitted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(2)  [Section 22 Subsection (2) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] The Governor may, by order made with the consent of a prescribed body, declare that body to be the managing authority for any reserved land other than land within a national park or nature reserve.

(2A)  [Section 22 Subsection (2A) amended by No. 1 of 2000, s. 6, Applied:28 Apr 2000] [Section 22 Subsection (2A) inserted by No. 52 of 1980, s. 9 ][Section 22 Subsection (2A) substituted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] The Governor, by order made with the consent of a Conservation Management Trust, may declare that Trust to be the managing authority for any reserved land in a class specified in section 23A(2) .

(2B)  [Section 22 Subsection (2B) inserted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] An order may not be made under subsection (2A) declaring a Conservation Management Trust to be the managing authority for any land unless there is a management plan for that land.

(3)  [Section 22 Subsection (3) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] The Governor may, by order, declare the Director to be the managing authority for –

(3A)  [Section 22 Subsection (3A) inserted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] An order is not to be made under this section in respect of land within a private sanctuary or private nature reserve without the consent of the owner of that land.

(3B)  [Section 22 Subsection (3B) inserted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] An order is not to be made under this section in respect of land vested in a public authority without the consent of the public authority.

(3C)  [Section 22 Subsection (3C) inserted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] An order is not to be made under this section in respect of a leased reserve without the consent of the owner of the land.

(a) [Section 22 Subsection (3) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] land within a private sanctuary or private nature reserve; or

(b) [Section 22 Subsection (3) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] land vested in a public authority.

(4)  An order under this section in respect of any reserved land may make provision with respect to –

(a) the defraying of the expenses incurred under this Act in relation to that land; and

(b) the application of any moneys received under this Act by way of rents, charges, or otherwise, in respect of the land –

and the provisions of this Act and of any enactment relating to any public authority that is the owner of, or the managing authority for, that land have effect subject to the provisions of the order.

(5)  [Section 22 Subsection (5) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] An order under subsection (2) , (3) or (4) may be revoked or varied by a further order of the Governor.

(6)  [Section 22 Subsection (6) omitted by No. 45 of 1998, s. 87, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(7)  [Section 22 Subsection (7) amended by No. 45 of 1998, s. 87, Applied:30 Apr 1999] Notwithstanding anything in this section, the Governor may, by order, declare that on such date as may be specified therein, any order under this section by which the Director, a prescribed body or a Conservation Management Trust is the managing authority for any reserved land shall cease to have effect; and, on that date, the Director, the prescribed body or the Conservation Management Trust, as the case may be, ceases to be the managing authority for that land.

23.   Functions of managing authority in relation to reserved land

(1)  [Section 23 Subsection (1) substituted by No. 52 of 1980, s. 10 ]Subject to this Act, the managing authority –

(a) [Section 23 Subsection (1) amended by No. 45 of 1998, s. 88, Applied:30 Apr 1999] for any reserved land for which there is a management plan is to manage that land in accordance with that management plan; or

(b) [Section 23 Subsection (1) amended by No. 45 of 1998, s. 88, Applied:30 Apr 1999] for any other reserved land is to manage that land –

(i) in a manner that is consistent with the purposes for which the land was reserved; and

(ii) having regard to the management objectives for the class of that reserved land.

(1AA)  [Section 23 Subsection (1AA) inserted by No. 52 of 1980, s. 10 ][Section 23 Subsection (1AA) omitted by No. 45 of 1998, s. 88, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(1A)  [Section 23 Subsection (1A) inserted by No. 85 of 1974, s. 3 ][Section 23 Subsection (1A) amended by No. 62 of 1977, s. 10 ][Section 23 Subsection (1A) amended by No. 52 of 1980, s. 10 ]For the purpose of the discharge of his or its functions in relation to any reserved land, a managing authority may do, or arrange for the doing of, such things as he or it considers necessary, including the erection or construction of any buildings or other works and the purchase or other acquisition of any articles or other things.

(2)  [Section 23 Subsection (2) amended by No. 52 of 1980, s. 10 ][Section 23 Subsection (2) omitted by No. 45 of 1998, s. 88, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(3)  [Section 23 Subsection (3) amended by No. 85 of 1974, s. 3 ]Without prejudice to the generality of the foregoing provisions of this section, the powers conferred thereby shall be deemed to include power to –

(a) provide and maintain facilities and conveniences for the use or benefit of persons resorting to reserved land, and charge for the use of those facilities or conveniences;

(b) sell or let on hire to, or otherwise provide for the use of, those persons, goods, and other articles and things;

(c) obtain and use for the purpose of the exercise of its powers under this section any produce of, or materials in, reserved land; and

(d) make arrangements with any other person for the doing of anything referred to in the foregoing provisions of this subsection.

(4)  The arrangements referred to in subsection (3) (d) may be arrangements pursuant to which any person has the right or obligation to do any of the things referred to in that subsection, and those arrangements may provide for the furnishing of consideration in respect of the giving of that right or the imposition of that obligation.

23A.   Establishment of Conservation Management Trust

[Section 23A Inserted by No. 45 of 1998, s. 89, Applied:30 Apr 1999]

(1)  The Minister, by written instrument, may establish a Conservation Management Trust to be a managing authority for any reserved land for which there is a management plan.

(2)  A Conservation Management Trust may only be the managing authority in respect of the following classes of reserved land:

(a) conservation area;

(b) nature recreation area;

(c) regional reserve.

(3)  The instrument establishing a Conservation Management Trust is to specify the reserved land or group of reserved lands in respect of which the Trust is the managing authority.

23B.   Functions of Conservation Management Trust

[Section 23B Inserted by No. 45 of 1998, s. 89, Applied:30 Apr 1999]

(1)  The function of a Conservation Management Trust is to manage the land in respect of which it is the managing authority in accordance with the provisions of the management plan for that reserved land.

(2)  The instrument establishing a Conservation Management Trust –

(a) is to specify the functions of the Conservation Management Trust; and

(b) may specify any other matter that the Minister considers necessary.

23C.   Membership of Conservation Management Trust

[Section 23C Inserted by No. 45 of 1998, s. 89, Applied:30 Apr 1999]

(1)  A Conservation Management Trust is to consist of any of the following persons appointed by the Minister:

(a) a person nominated by a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated;

(b) a person nominated by a Landcare, Bushcare or similar group constituted under the authority of a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated;

(c) a person nominated by a body that provides facilities or services to tourists;

(d) a person nominated by a group whose objectives or purposes in the opinion of the Minister are conservation objectives or purposes;

(e) a person nominated by a group whose objectives or purposes in the opinion of the Minister are recreational objectives or purposes;

(f) a person nominated by the Aboriginal Land Council of Tasmania;

(g) the Director or a person nominated by the Director;

(h) a person nominated by any other group or body that, in the opinion of the Minister, is likely to contribute beneficially to the management of the reserved land.

(2)  The Minister is to appoint one of the persons referred to in subsection (1) as chairperson of the Trust.

(3)  Schedule 7 has effect with respect to the membership and meetings of the Trust.

23D.   Revocation of establishment of Conservation Management Trust

[Section 23D Inserted by No. 45 of 1998, s. 89, Applied:30 Apr 1999]

(1)  The Minister may revoke the establishment of a Conservation Management Trust for any reason that the Minister considers necessary by serving a notice to that effect on each of the members of the Trust.

(2)  On or after the revocation of the establishment of a Conservation Management Trust, the Minister may give directions as to –

(a) the disposition of any accounts of the Trust; and

(b) the transfer of any liabilities of the Trust.

24.   Dealings with reserved lands

[Section 24 Subsection (1) amended by No. 52 of 1980, s. 11 ]

(1)  [Section 24 Subsection (1) amended by No. 45 of 1998, s. 90, Applied:30 Apr 1999] [Section 24 Subsection (1) amended by No. 62 of 1977, s. 11 ]No statutory power shall be exercised in relation to any land in a national park, State reserve, nature reserve, historic site or game reserve except as may otherwise be authorized by the management plan for that land.

(2)  [Section 24 Subsection (2) amended by No. 45 of 1998, s. 90, Applied:30 Apr 1999] [Section 24 Subsection (2) amended by No. 62 of 1977, s. 11 ]Subject to any prohibition or restriction imposed by a management plan pursuant to section 21 (5) , nothing in this Act prevents the alienation of, or any other dealing in, any reserved land that is in the class of conservation area, nature recreation area, regional reserve, private sanctuary or private nature reserve.

(3)  [Section 24 Subsection (3) amended by No. 45 of 1998, s. 90, Applied:30 Apr 1999] [Section 24 Subsection (3) amended by No. 62 of 1977, s. 11 ]Notwithstanding anything in the foregoing provisions of this section, where, at the time that any Crown land becomes reserved land or becomes contained within the class of national park, State reserve, nature reserve, historic site or game reserve, there are subsisting in respect of that land any private rights, nothing in this Act prejudices or affects those rights, and they continue to subsist and may be dealt with, and the like powers may be exercised in relation thereto, as if that land had not become reserved land or land contained within any of those classes of reserved land.

(4)  Notwithstanding anything in subsection (3) , the power under any Act to terminate, discharge, or otherwise abrogate, any private right over Crown land that is required for the purposes of any other Act or for any public purpose may be exercised in respect of any such right subsisting over reserved land in any case where the Minister, on the recommendation of the Director, certifies that that land should, for the purposes of this Act, be freed from that right.

24A.   Prohibition on destruction of trees

[Section 24A Inserted by No. 12 of 2001, s. 5, Applied:12 Apr 2001] A person must not cut down a tree or damage or otherwise destroy a tree or a fallen tree, on reserved land without the approval of the managing authority.

Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not more than 2 years, or both.

25.   Restriction of public access to reserved land

A management plan for any reserved land may declare that that land or any part thereof is a reserve to which the public has not a general right of access; and the area of any land so declared is referred to in this Act as a restricted area.

25A.   Management agreement for private land

[Section 25A Inserted by No. 62 of 1977, s. 12 ][Section 25A Substituted by No. 45 of 1998, s. 91, Applied:30 Apr 1999]

(1)  The Minister may enter into any agreement relating to the use and management of any private land if to do so would, in the opinion of the Minister, tend to promote –

(a) conservation purposes in relation to that land; or

(b) the purpose for which a private nature reserve or private sanctuary has been set aside under this Act.

(2)  An agreement entered into under this section in respect of a private nature reserve or private sanctuary may involve the payment of money (whether by way of grant or loan or otherwise) by the Minister to the owner for the purpose of ensuring that –

(a) the provisions of any management plan for that reserved land are complied with; and

(b) if there is not a management plan for that reserved land, the management objectives for that class of reserved land are met.

(3)  Money is to be paid under this section on such terms and conditions as the Minister, on the recommendation of the Director, agrees to.

(4)  Any terms and conditions referred to in subsection (3) may give the Director rights in respect of a private nature reserve or private sanctuary.

(5)  An agreement under this section relating to a private nature reserve may contain a covenant between the owner of the land and the Minister to the effect that the reserve is to be managed in accordance with the management plan for that reserve.

(6)  An agreement under this section relating to private land that is not reserved land may contain a covenant between the owner of the land and the Minister to the effect that the land is to be managed in accordance with the management agreement for that land.

(7)  Any covenant entered into by the owner of land under this section is enforceable against the owner and any person deriving title under the owner in the same manner and to the same extent as if that covenant were entered into by a fee simple owner for the benefit of adjacent land held by the Minister in fee simple that was capable of being developed by the covenant and as if that adjacent land continued to be so held by the Minister.

(8)  Subject to this section, the Minister may, at any time, by agreement with the owner of land against whom a covenant entered into under this section is enforceable, discharge the covenant or may agree to a variation of the covenant.

(9)  If land subject to a covenant has been declared to be a private nature reserve, the Minister may not discharge a covenant or agree to a variation of a covenant which would permit significant detriment to the natural or cultural values of the reserve unless a proclamation under section 16 revoking the declaration of that land as a private nature reserve has taken effect.

25B.   Business licence

[Section 25B Substituted by No. 112 of 1995, s. 5 ]

(1)  [Section 25B Subsection (1) amended by No. 45 of 1998, s. 92, Applied:30 Apr 1999] A person, who is not the holder of a business licence must not, in a specified area–

(a) sell or hire out, offer or expose for sale or hiring out, or have in his or her possession for selling or hiring out, any article, material or other thing; or

(b) provide, offer to provide or hold himself or herself out as willing to provide, any service or facility for any monetary or other consideration; or

(c) take or cause to be taken any photograph or cine, video, movie or television film for or with a view to any monetary or other consideration.

Penalty:  Fine not exceeding 10 penalty units.

(2)  This section does not apply to a person who holds a lease or licence in force under section 26 .

(3)  [Section 25B Subsection (3) substituted by No. 45 of 1998, s. 92, Applied:30 Apr 1999] In this section, specified area means a part or all of the following classes of reserved land:

(a) national park;

(b) State reserve;

(c) nature reserve;

(d) game reserve;

(e) conservation area;

(f) nature recreation area;

(g) regional reserve;

(h) historic site.

25C.   Application for business licence

[Section 25C Inserted by No. 112 of 1995, s. 5 ]

(1)  A person may apply to the Minister for a business licence.

(2)  An application is to be –

(a) in writing; and

(b) accompanied by the prescribed fee; and

(c) accompanied by any information and documents the Minister requires; and

(d) lodged with the Minister.

(3)  The Minister may remit any or all of the fee for an application.

25D.   Granting of business licence

[Section 25D Inserted by No. 112 of 1995, s. 5 ]

(1)  The Minister may –

(a) grant an application for a business licence, with or without conditions; or

(b) refuse to grant the application.

(2)  The Minister, by notice in writing, must notify the applicant of –

(a) the grant of the application; or

(b) the refusal to grant the application and the reasons for the refusal.

25E.   Issue of business licence

[Section 25E Inserted by No. 112 of 1995, s. 5 ]

(1)  On granting an application for a business licence, the Minister is to issue a business licence to the applicant.

(2)  A business licence may be in a contractual form or in any other form the Minister determines.

25F.   Variation of conditions

[Section 25F Inserted by No. 112 of 1995, s. 5 ]The Minister, by notice in writing to the holder of a business licence, may vary the conditions of the licence.

25G.   Term of business licence

[Section 25G Inserted by No. 112 of 1995, s. 5 ]A business licence is in force for the period specified in the licence.

25H.   Renewal of business licence

[Section 25H Inserted by No. 112 of 1995, s. 5 ]

(1)  The holder of a business licence, before the licence ceases to be in force, may apply to the Minister for a renewal of the licence.

(2)  An application for renewal is to be –

(a) in writing; and

(b) accompanied by the prescribed fee; and

(c) accompanied by any information and documents the Minister requires; and

(d) lodged with the Minister.

(3)  The Minister may –

(a) grant an application, with or without conditions; or

(b) refuse to grant the application.

(4)  A licence is renewed –

(a) for a period determined by the Minister; and

(b) subject to any conditions specified in the licence as renewed.

25I.   Transfer of business licence

[Section 25I Inserted by No. 112 of 1995, s. 5 ]

(1)  The holder of a business licence may apply to the Minister for approval to transfer the licence.

(2)  An application for approval to transfer a business licence is to be –

(a) in writing; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Minister within 7 days before the transfer is to take effect.

(3)  The Minister may –

(a) approve an application, with or without conditions; or

(b) refuse to approve the application.

(4)  A transfer –

(a) is of no effect unless approved by the Minister; and

(b) takes effect, if approved, on the date of the approval.

25J.   Cancellation of business licence

[Section 25J Inserted by No. 112 of 1995, s. 5 ]The Minister may cancel a business licence if –

(a) requested to do so by the holder of the licence; or

(b) the holder of the licence contravenes or fails to comply with any condition of the licence.

25K.   Delegation to Director

[Section 25K Inserted by No. 112 of 1995, s. 5 ][Section 25K Amended by No. 45 of 1998, s. 93, Applied:30 Apr 1999] The Minister may delegate any power in relation to a business licence to the managing authority for any reserved land.

26.   Minister may grant leases and licences

[Section 26 Inserted by No. 20 of 1991, s. 4 ]

(1)  [Section 26 Subsection (1) amended by No. 45 of 1998, s. 94, Applied:30 Apr 1999] The Minister may grant leases of, or licences to occupy, reserved land that is Crown land.

(1A)  [Section 26 Subsection (1A) inserted by No. 112 of 1995, s. 6 ]A lease of, or licence to occupy, reserved land that is Crown land may be in any form the Minister determines.

(2)  [Section 26 Subsection (2) amended by No. 45 of 1998, s. 94, Applied:30 Apr 1999] Subject to subsections (3) and (4) , a lease or licence granted shall be for such period and on such terms and conditions, as the Minister approves.

(3)  A lease shall not be granted for a period exceeding 99 years.

(4)  The Minister shall not grant a lease or licence that authorizes or requires the lessee or licensee to erect a building on land other than –

(a) a building appurtenant to a building already on the land; or

(b) a building that the Minister is satisfied is intended to be used primarily for providing –

(i) tourist accommodation or accommodation for people resorting to that land; or

(ii) facilities and conveniences for people resorting to that land.

(5)  [Section 26 Subsection (5) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 26 Subsection (5) omitted by No. 45 of 1998, s. 94, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

(6)  Nothing in this section is to be construed as prejudicing or affecting the operation of the Forestry Act 1920 or the Mining Act 1929 .

(7)  [Section 26 Subsection (7) inserted by No. 53 of 1995, s. 4 ]The Minister may delegate the Minister's powers under this section to the Director.

26AAA.   Transfer of lease or licence

[Section 26AAA Inserted by No. 112 of 1995, s. 7 ]

(1)  The holder of a lease or licence in force under this Part may apply to the Minister for approval to transfer the lease or licence.

(2)  An application for approval to transfer a lease or licence is to be –

(a) in writing; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Minister within 7 days before the transfer is to take effect.

(3)  The Minister may –

(a) approve an application, with or without conditions; or

(b) refuse to approve the application.

(4)  A transfer –

(a) is of no effect unless approved by the Minister; and

(b) takes effect, if approved, on the date of the approval.

26AA.   Termination or surrender of lease

[Section 26AA Inserted by No. 20 of 1991, s. 4 ]

(1)  A lease of reserved land that is Crown land may be –

(a) terminated; or

(b) surrendered by the lessee –

on terms and conditions agreed between the Minister and the lessee.

(2)  When a lease of reserved land that is Crown land –

(a) is surrendered; or

(b) expires; or

(c) is terminated –

all improvements on the land vest in the Crown absolutely.

(3)  If a lease of reserved land that is Crown land is surrendered or terminated by mutual agreement of the Minister and the lessee, and the Minister receives money from the sale of improvements effected by the lessee, including improvements paid for by the lessee and taken over from the previous lessee, the Minister may, in the Minister's absolute discretion –

(a) pay to the lessee so much of the value of the improvements as the Minister thinks fit, being an amount not exceeding the amount received by the Minister from the sale of the improvements; or

(b) refuse to make any payment in respect of the improvements.

(4)  Subsection (2) does not apply to a termination or surrender of a lease for the purpose of its consolidation with any other lease.

26AB.   Forfeiture or cancellation of lease for non-payment of rent or breach of conditions

[Section 26AB Inserted by No. 20 of 1991, s. 4 ]The Minister may cancel a lease of reserved land that is Crown land if –

(a) any rent due under the lease is not paid for a period exceeding one month after it has become due and remains unpaid at the end of the period specified in a notice served on the lessee by the Minister –

(i) requesting the lessee to pay the rent within the period so specified; and

(ii) advising the lessee that the lease will be cancelled if the rent and any interest on the rent at the prescribed rate is not paid within the period so specified; or

(b) the Minister considers that the lessee has committed a breach of any condition of the lease and, upon notice served on the lessee by the Minister specifying the breach and requiring the lessee to satisfy the Minister within a period specified in the notice that the lessee has not committed the breach, the lessee fails so to do.

26AC.   Termination of lease where land required for public or other purposes

[Section 26AC Inserted by No. 20 of 1991, s. 4 ]

(1)  If, in the opinion of the Minister, reserved land that is Crown land subject to a lease under this Act –

(a) is required for a public purpose; or

(b) is required for the purpose of any other Act; or

(c) should be made available for a purpose which the Minister considers desirable in the public interest –

the Minister may, upon giving the lessee 3 months written notice specifying –

(d) the land or portion of the land which is required or should be made available; and

(e) the purpose or purposes for which the land is so required or should be made so available –

by notice in the Gazette, cancel the lease in respect of the land so required or that should be made so available.

(2)  If a lease is cancelled as to a portion of the land comprised in the lease, the lease shall have effect in respect of the land remaining under the lease and the Director shall determine the rent payable under the lease in respect of that land, and the rent so determined shall thereupon become the rent payable under the lease.

(3)  In determining the rent payable, the Director shall make due allowance for any diminution in the relative value of the land –

(a) by reason of the reduction in the area of land held under the lease; and

(b) by reason of such other matters as the Director thinks fit.

(4)  A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

26AD.   Compensation for improvements where lease is terminated for a public or other purpose

[Section 26AD Inserted by No. 20 of 1991, s. 4 ]

(1)  When a lease is cancelled as provided by section 26AC , the Minister shall pay to the lessee compensation for improvements effected by the lessee for the purposes for which the lease was granted, including any improvements paid for by the lessee and taken over from the previous lessee, but no compensation is payable in respect of any improvements effected after the service of a notice under that section.

(2)  The compensation payable shall be determined by valuation.

(3)  A lessee who is aggrieved by the amount of compensation payable to the lessee by the Minister may, within one month from the date the Minister serves on the lessee notification as to the amount of the compensation payable to the lessee, serve on the Minister written notice requiring the Minister to refer the matter to the Land Valuation Court for its determination of the amount of compensation payable to the lessee.

(4)  When a matter is referred to the Land Valuation Court by the Minister, it shall consider any reports or evidence submitted to it by the Minister and such other reports or evidence that may seem to it to be relevant and determine the amount of compensation payable to the lessee.

(5)  A determination of the Land Valuation Court under this section is final and binding on the Minister and the lessee.

26AE.   Compensation payable on non-renewal of certain leases

[Section 26AE Inserted by No. 20 of 1991, s. 4 ]

(1)  If, upon the expiration by effluxion of time of a lease of reserved land that is Crown land, where the purpose of the lease was for agricultural or grazing purposes, the Minister decides not to renew the lease the Minister shall pay to the lessee compensation for the improvements effected by the lessee for the purposes of which the lease was granted, including any improvements paid for by the lessee and taken over from the previous lessee.

(2)  Compensation is not payable in respect of any improvements unless the improvements were approved by the Minister before being carried out.

(3)  The compensation payable shall be such amount, approved by the Minister, as is determined by the Director, on the recommendation of the Valuer-General, to be the fair and reasonable value of the improvements.

26AF.   Improvements on land held under licence

[Section 26AF Inserted by No. 20 of 1991, s. 4 ]

(1)  Compensation is not payable in respect of improvements carried out on land held or occupied under a licence granted under section 26 (1) unless the Minister directs that the land or an improvement on the land is required for a public purpose, in which case the Minister shall pay compensation for the improvement in accordance with this section.

(2)  Any compensation payable in respect of an improvement shall be such amount, approved by the Minister, as is determined by the Director, on the recommendation of the Valuer-General, to be the fair and reasonable value of the improvement.

(3)  If the Minister –

(a) offers a person an amount of compensation assessed in accordance with subsection (2) ; and

(b) the person offered that amount –

(i) does not accept the offer within 30 days of receiving it; or

(ii) informs the Minister that the amount offered does not represent the fair and reasonable value of the improvement –

the matter shall be taken to be a disputed claim for compensation under section 38 of the Lands Resumption Act 1957 and compensation shall be determined in accordance with that Act as if the improvement were an estate or interest compulsorily acquired under that Act, except that section 31 of that Act shall not apply and regard shall only be had to the fair and reasonable value of the improvement.

(4)  If the Minister does not make a direction under subsection (1) any improvement on the land may be removed.

26A.   Community service contributions payable by holders of private rights within reserved lands

[Section 26A Inserted by No. 62 of 1977, s. 14 ]

(1)  The Director –

(a) shall from time to time determine the contribution to be paid by the holder of a private right within reserved land towards the cost incurred by the managing authority for the land in providing any community service from which the holder of that right benefits; and

(b) shall, on making such a determination, cause notice of the amount of the contribution payable by the holder of the private right to be served on him personally or by certified mail addressed to him at his usual or last-known place of abode or business.

(2)  For the purposes of subsection (1) ,

community service includes the supply or provision of access roads, parking areas, sewerage and garbage disposal services, water, electricity, piers or jetties, and boat ramps.

(3)  The amount of a contribution under subsection (1) is payable by the holder of a private right on the expiration of 3 months from the date of the service of a notice on him under that subsection and is recoverable by the managing authority for the relevant reserved land in a court of competent jurisdiction.

27.   Fencing of reserved Crown land

(1)  Where, between any reserved lands (being Crown land or land in a leased reserve) and adjoining lands, there is no sufficient fence or no rabbit-proof fence, the Director, with the approval of the Minister, may cause –

(a) a sufficient fence or a rabbit-proof fence to be erected between those lands; or

(b) any fence between those lands to be converted into a rabbit-proof fence –

and, subject to this section, may recover, as a debt due to the Crown, from the owner of those adjoining lands, half the cost reasonably incurred in erecting that fence, or converting the existing fence, as the case may be.

(2)  The Director is not entitled, under subsection (1) , to recover from the owner of any lands referred to in that subsection any part of the costs incurred in the erection or conversion of any fence between reserved lands and those lands unless the erection or conversion is carried out in a manner specified in a notice served by the Director on the owner of those lands at least 30 days before the commencement of the erection or conversion of the fence or in such other manner as may be agreed between the Director and the owner of those lands.

(3)  Part IV of the Boundary Fences Act 1908 applies to any dispute arising under this section as it applies to disputes arising under that Act, and for the purposes of the provisions of that Act as so applied the Director shall be treated as the owner of the reserved lands to which this section applies.

(4)  Section 47 of the Boundary Fences Act 1908 applies to the service of notices under this section as it applies to the service of notices under that Act.

(5)  Words and expressions used in this section have the same meaning as they have for the purposes of the Boundary Fences Act 1908 .

28.   Saving for leased reserves and trust land

Nothing in this Part authorizes –

(a) the disposition of, or any other dealing with, a leased reserve contrary to the terms of the lease under which it is held; or

(b) the disposition of, or any other dealing with, any trust land in breach of the trust relating to that land.

29.   Regulations with respect to reserved lands

[Section 29 Subsection (1) amended by No. 62 of 1977, s. 15 ][Section 29 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 29 Subsection (3) amended by No. 100 of 1993, s. 6 ][Section 29 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]

(1)  [Section 29 Subsection (1) amended by No. 85 of 1974, s. 4 ]Regulations under this Act may make provision with respect to the care, control, and management of any area of reserved land and, without prejudice to the generality of the foregoing provisions of this subsection, may make provision with respect to –

(a) the preservation or protection of the fauna or flora thereof, or of any living things kept therein;

(ab) [Section 29 Subsection (1) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] any conservation purpose or any management objective specified in Schedule 4 ;

(b) the prevention of damage or injury thereto or the property or other things therein;

(ba) the preservation or protection of the property or other things therein;

(c) the prohibition or control of the removal of any property or other things therefrom;

(d) the prohibition or control of the bringing into, or over, or the use or possession in or over, that area of land of any conveyance or thing;

(da) [Section 29 Subsection (1) amended by No. 1 of 2000, s. 7, Applied:28 Apr 2000] the taking in that area of land of wildlife in the form of game, if it is a game reserve, conservation area or regional reserve;

(e) the conduct of persons therein;

(f) the exclusion or ejection of persons from the area or any part thereof; and

(g) the making and collection of charges for admission to the area or any part thereof, or for the use of a public highway therein.

(2)  [Section 29 Subsection (2) amended by No. 62 of 1977, s. 15 ]No regulations shall be made under this section prohibiting any person from entering, or remaining in, any area (other than a restricted area) unless –

(a) that prohibition is imposed on account of his conduct or condition;

(b) that prohibition is a prohibition on his entering, or remaining in, that area otherwise than in the company of a ranger or other prescribed person; or

(c) that prohibition is necessary for the proper care, control, or management of that area.

(3)  [Section 29 Subsection (3) amended by No. 10 of 1984, s. 6 ]Regulations made for the purposes of this section may –

(a) confer powers and discretions on the Director and on rangers and other prescribed persons in relation to the matters referred to in subsection (1) ; and

(b) impose fines not exceeding 50 penalty units, in respect of contraventions of the regulations.

(4)  The powers referred to in subsection (3) include power, in such cases or circumstances as may be prescribed, to seize, destroy, or kill creatures found in a reserve, except that no regulations shall be made under this section authorizing the destruction or killing of a creature unless –

(a) that creature is not under the proper and efficient control of some person; or

(b) its presence on the reserved land on which it is found is, in the opinion of the person authorized to seize it, causing or likely to cause injury to or damage to, or likely to disturb, the fauna or flora of any reserved land, or any living things kept thereon.

(5)  [Section 29 Subsection (5) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] Any regulations made under this section may apply to –

(a) [Section 29 Subsection (5) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] specified reserved land; or

(b) [Section 29 Subsection (5) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] a specified part of any reserved land; or

(c) [Section 29 Subsection (5) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] a specified group of reserved lands; or

(d) [Section 29 Subsection (5) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] a specified class of reserved land.

(6)  [Section 29 Subsection (6) amended by No. 45 of 1998, s. 95, Applied:30 Apr 1999] [Section 29 Subsection (6) amended by No. 62 of 1977, s. 15 ]Subject to section 21 (1) (ba) , regulations made under this section do not prohibit the doing of anything in a private sanctuary or private nature reserve by the owner or occupier thereof, or of any person acting on his authority, that he would have been entitled to do if those regulations had not been made.

(7)  Nothing in this section prejudices or affects the exercise of any authority given by a permit granted under section 35 .

(8)  [Section 29 Subsection (8) inserted by No. 85 of 1974, s. 4 ]No action lies in respect of the failure of any person to exercise a power conferred on him by regulations made for the purposes of this section to exclude or eject any other person from any land.

(9)  [Section 29 Subsection (9) inserted by No. 52 of 1980, s. 13 ][Section 29 Subsection (9) omitted by No. 45 of 1998, s. 95, Applied:30 Apr 1999] .  .  .  .  .  .  .  .  

30.   Notable buildings and places

(1)  The Director may, with the consent of the owner of any land affected –

(a) place and maintain on any building, structure, or tree, plaques, plates, boards, or other notices indicating any matter of historical, archaeological, architectural, or scientific interest relating thereto;

(b) erect and maintain cairns or other monuments to mark sites of historical or archaeological interest;

(c) restore, repair, preserve, or maintain any grave, monument, or tree of historical or archaeological interest; and

(d) erect and maintain guide posts to any place, building, structure, tree, or object of historical, archaeological, architectural, scientific, or scenic interest.

(2)  [Section 30 Subsection (2) amended by No. 62 of 1977, s. 16 ][Section 30 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 30 Subsection (2) amended by No. 57 of 1996, s. 55 and Sched. 5 ]In exercising the powers conferred by subsection (1) (d) the Director shall consult with the chief executive officer of Tourism Tasmania.

(3)  [Section 30 Subsection (3) amended by No. 10 of 1984, s. 7 ][Section 30 Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Except with the consent of the Director, no person shall remove, destroy, damage, or disfigure anything placed, erected, restored, repaired, or maintained under this section.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or both such fine and imprisonment.

PART V - Conservation of Fauna and Flora

31.   Interpretation of Part V

[Section 31 Subsection (1) amended by No. 18 of 1986, s. 5 ][Section 31 Subsection (1) amended by No. 11 of 1994, s. 32 ][Section 31 Subsection (1) amended by No. 18 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 31 Subsection (1) amended by No. 85 of 1974, s. 5 ]For the purposes of this Act any living creature, not being –

(a) a dog or cat; or

(b) such stock or species of stock as are prescribed for the purposes of section 37 ; or

(c) any fish within the meaning of the Living Marine Resources Management Act 1995 ; or

(d) an animal that is being farmed under and in accordance with the Animal Farming (Registration) Act 1994 or that has been so farmed and is legally in the possession of any person –

shall be regarded as a form of wildlife, and references in this Act to wildlife shall be construed accordingly.

(2)  References in this Act to the products of any form of wildlife shall be construed as references to the dead bodies, or any parts of the dead bodies, of, or any material or thing obtained from the body of, that form of wildlife, and to any eggs or nests of that form of wildlife.

(3)  For the purposes of this Act forms of wildlife may be described by reference to all or any of the following matters, that is to say, any species, type, or other classification by which they may be described or identified, or their sex, age, or condition, or any of their attributes or characteristics.

(4)  For the purposes of this Act all forms of vegetation and all organisms belonging to the vegetable kingdom shall be regarded as plants, and, unless the contrary intention appears, references in this Act to a plant shall be construed as including references to any fruit, or seed, or any product or part of that plant, and to any such plant, fruit, seed, product, or part that has died or is not capable of growth.

(5)  For the purposes of this Act plants may be described by reference to all or any of the following matters, that is to say, any species, type, or other classification by which they may be described or identified, or any of their attributes or characteristics.

(6)  Regulations made for the purposes of this Part are in this Act referred to as "the wildlife regulations".

32.   Wildlife regulations as to fauna

(1)  The wildlife regulations may, in relation to wildlife or any form of wildlife, make provision for the prohibition or control of –

(a) the taking of the wildlife or any products thereof;

(b) the use or having in possession of any hunting equipment intended to be, or capable of being, used for the purpose of taking the wildlife or any products thereof;

(c) the use of any living thing for the purpose of taking the wildlife or any products thereof; and

(d) the keeping or having in possession of, or the buying or selling of, or other dealings in, or the exportation of, or the disposal of, the wildlife or any products thereof.

(2)  The wildlife regulations may require the payment of royalties in respect of the taking of any form of wildlife and make provision for the collection thereof.

(3)  The wildlife regulations may contain –

(a) provisions for the preservation of good order among persons engaged in taking wildlife or any form of wildlife; and

(b) provisions for authorizing or regulating the taking, for the purposes of protecting any crops or property, of any form of wildlife, and regulating the disposal of the carcase, or any part of the carcase, of any wildlife so taken, and the application of the proceeds thereof.

33.   Wildlife regulations as to flora

(1)  The wildlife regulations may prescribe the plants that are to be protected plants for the purposes of this Act.

(2)  The wildlife regulations may prohibit or control the taking, having in possession, buying or selling of, or other dealings in, or the exportation of, or the disposal of, any protected plant.

34.   Supplementary provisions as to wildlife regulations

[Section 34 Subsection (7) amended by No. 10 of 1984, s. 8 ][Section 34 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 34 Subsection (8) amended by No. 52 of 1992, s. 5 ]

(1)  The wildlife regulations may make differing provisions with respect to different places or parts of the State and with respect to different times, places, and circumstances; and, in particular, may prohibit the doing of any act during specified periods, or otherwise than during specified periods, or in specified places or parts of the State, or otherwise than in specified places or parts of the State.

(2)  [Section 34 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The wildlife regulations may confer powers or discretions on the Director, rangers, persons employed in the Department, and other persons.

(3)  The power to make provision in the wildlife regulations for the prohibition or control of the doing of any act includes power to make provision for the prohibition of the doing of that act otherwise than under the authority of a licence or permit, and, in relation thereto to make provision with respect to –

(a) the terms of any such licences or permits and the authority granted thereby;

(b) the issue, duration, renewal, suspension, cancellation, or surrender of any such licences or permits; and

(c) the circumstances in which, or the conditions under which, any such licences or permits may, or may not, be issued or renewed, or refused to be issued or renewed, or suspended, cancelled, or surrendered.

(4)  [Section 34 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The wildlife regulations, in relation to any matter that may be made the subject of prohibition or control under the regulations, may make provision for –

(a) the production, inspection, marking, or identification of any wildlife or the products thereof, or any protected plant; and

(b) the giving of notifications and other information to the Director, rangers, persons employed in the Department and other persons, and the keeping and production of records.

(5)  The wildlife regulations may require the payment of fees or charges in respect of the issue or renewal of licences or permits issued under the regulations, or in respect of applications for any such issues or renewals, or in respect of any inspection, marking, or identification carried out under the regulations, and may make provision for the collection of any such fees or charges.

(6)  References in this section to the doing of any act shall be construed as including references to the keeping of any thing, the having of any thing in possession and the engaging in any activity or course of conduct.

(7)  [Section 34 Subsection (7) amended by No. 85 of 1974, s. 6 ]The wildlife regulations may impose penalties for contraventions of any of the provisions thereof, and, in pursuance of this subsection –

(a) different penalties may be imposed for successive contraventions of those provisions or any of them;

(b) a daily penalty, not exceeding 1 penalty unit, may be imposed in respect of each day for which the contravention continues; and

(c) additional penalties, in addition to any penalty otherwise prescribed, not exceeding 5 penalty units, may be imposed in respect of –

(i) each individual creature, the products of each individual creature, or each plant; or

(ii) each piece of hunting equipment –

with respect to which the contravention was committed.

(8)  [Section 34 Subsection (8) amended by No. 10 of 1984, s. 8 ]Any penalty imposed pursuant to this section in respect of any individual contravention, and the aggregate of all the penalties so imposed, shall not, in any case, exceed 100 penalty units.

(9)  Nothing in the wildlife regulations prejudices or affects the exercise of any authority given by a permit granted under section 35 .

35.   Special permits to take wildlife

(1)  The Director may grant permits authorizing, subject to compliance with such conditions and restrictions (if any) as may be specified in the permit, the taking, on such lands as may be specified in the permit of such forms of wildlife, or such eggs, or such protected plants, as may be so specified.

(2)  No permit shall be granted under this section –

(a) [Section 35 Subsection (2) amended by No. 45 of 1998, s. 96, Applied:30 Apr 1999] in respect of any land in a national park, State reserve, nature reserve or historic site, except with the consent of the Minister;

(b) [Section 35 Subsection (2) amended by No. 45 of 1998, s. 96, Applied:30 Apr 1999] [Section 35 Subsection (2) amended by No. 1 of 2000, s. 8, Applied:28 Apr 2000] in respect of any reserved land vested in a public authority or any private land, except on the application or with the consent of the public authority in whom the land is vested or the owner of that land;

(c) [Section 35 Subsection (2) amended by No. 45 of 1998, s. 96, Applied:30 Apr 1999] in respect of any reserved land of which a prescribed body is the managing authority, except on the application or with the consent of that body;

(d) [Section 35 Subsection (2) amended by No. 45 of 1998, s. 96, Applied:30 Apr 1999] in respect of any reserved land of which a Conservation Management Trust is the managing authority, except on the application of or with the consent of that Conservation Management Trust.

(3)  A permit granted under subsection (1) shall specify the period (being a period not exceeding 12 months in length) for which it is to remain in force, and, at the end of the period so specified, the permit ceases to be of further effect.

(4)  The Director may grant permits authorizing, subject to compliance with such conditions and restrictions (if any) as may be specified in the permit, the keeping or having in possession by any person of such wildlife, or such products thereof, or such protected plants as may be specified in the permit.

(5)  The Director may, at any time, revoke a permit granted under this section, but where the consent of the Minister was required to the grant of a permit that permit shall not be revoked without his consent.

(6)  The wildlife regulations may make provision for the payment of fees on the making of an application for, or the grant of, a permit under this section.

36.   Saving for rights of landowners, &c.

The issue of any licence or the granting of any permit under this Part or under the wildlife regulations does not render lawful the entering on any land that would have been unlawful if that licence had not been issued or that permit had not been granted.

37.   Prohibition on introduction of certain creatures and animals

[Section 37 Amended by No. 18 of 1986, s. 6 ][Section 37 Amended by No. 53 of 1995, s. 5 ][Section 37 Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 37 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 ]

(1)  [Section 37 Subsection (1) substituted by No. 10 of 1984, s. 9 ]A person shall not bring into the State, cause or allow to be brought into the State, or be in possession of, any fox, wolf, dingo, mink, or an animal prescribed as an animal to which this subsection applies, or a hybrid of any such animal.

Penalty:  [Section 37 Subsection (1) amended by No. 1 of 2000, s. 9, Applied:28 Apr 2000] Fine of not less than 200 penalty units and not more than 500 penalty units or imprisonment for a term not less than 2 years and not more than 5 years, or both, for each animal.

(2)  [Section 37 Subsection (2) substituted by No. 53 of 1995, s. 5 ]A person must not, without the prior permission in writing of the Director –

(a) bring a prescribed creature into the State; or

(b) cause or allow a prescribed creature to be brought into the State.

(2AA)  [Section 37 Subsection (2AA) inserted by No. 53 of 1995, s. 5 ]A person must not be in possession of a prescribed creature that has been brought into the State in contravention of subsection (2) .

(2A)  [Section 37 Subsection (2A) substituted by No. 18 of 1986, s. 6 ]The Director may –

(a) grant permission under subsection (2) subject to such conditions as he thinks fit; or

(b) refuse to grant such permission.

(2B)  [Section 37 Subsection (2B) inserted by No. 10 of 1984, s. 9 ]A person who fails to comply with any condition specified by the Director pursuant to subsection (2A) is guilty of an offence.

(2C)  [Section 37 Subsection (2C) inserted by No. 10 of 1984, s. 9 ]For the purpose of subsection (2) , where a person is in possession of any prescribed creature, that creature is presumed, until the contrary is proved, to have been brought into the State without the permission required under that subsection.

(2D)  [Section 37 Subsection (2D) inserted by No. 10 of 1984, s. 9 ]Where the Director or a person authorized by the Director finds or reasonably suspects that an animal referred to in subsection (1) or a prescribed creature has been brought into the State by, or is in the possession of a person contrary to the provisions of this section, that officer may seize it or cause it to be destroyed or otherwise disposed of.

(2E)  [Section 37 Subsection (2E) inserted by No. 10 of 1984, s. 9 ]The Director may charge any person with any costs incurred on behalf of the Service in respect of any seizure, destruction, or disposal of a prescribed creature carried out pursuant to subsection (2D) .

(2F)  [Section 37 Subsection (2F) inserted by No. 10 of 1984, s. 9 ]A person who, without the permission of the Director or a person authorized by the Director, removes or takes away any prescribed creature seized in accordance with subsection (2D) , is, in addition to any other punishment to which that person may be liable, guilty of an offence.

(3)  [Section 37 Subsection (3) amended by No. 10 of 1984, s. 9 ]No person shall cause, or allow, to go at large in the State any fox, wolf, dingo, mink, ferret, or any hybrid of any such animal.

Penalty:  [Section 37 Subsection (3) amended by No. 1 of 2000, s. 9, Applied:28 Apr 2000] Fine of not less than 200 penalty units and not more than 500 penalty units or imprisonment for a term not less than 2 years and not more than 5 years, or both, for each animal.

(4)  No person shall, without the consent in writing of the Director, cause, or allow, to go at large in the State any prescribed creature.

(5)  [Section 37 Subsection (5) substituted by No. 18 of 1986, s. 6 ]For the purposes of this section –

domestic stock means such stock or species of stock as are prescribed;

prescribed creature means –

(a) any mammal, bird, amphibian, or reptile; or

(b) any other creature prescribed as a creature to which this section applies –

other than a dog or cat, or domestic stock.

(6)  [Section 37 Subsection (6) amended by No. 1 of 2000, s. 9, Applied:28 Apr 2000] [Section 37 Subsection (6) amended by No. 10 of 1984, s. 9 ]Unless otherwise specified, any person guilty of an offence under this section is liable to a fine not exceeding 10 penalty units in respect of each creature in respect of which the offence was committed.

PART VA - Conservation Covenants

37A.   Interpretation of Part

[Section 37A Inserted by No. 42 of 1991, s. 118 ][Section 37A Amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 37A Amended by No. 84 of 1995, s. 4 ]In this Part –

[Section 37A Amended by No. 23 of 1999, s. 45, Applied:01 Jul 1999] affected owner means an owner of land in respect of which an application to the Forest Practices Board, under section 18 (1) (b) of the Forest Practices Act 1985 , for the certification of a forest practices plan–

(a) has been approved subject to amendments, which have been agreed to by the applicant, made for the purpose of protecting a rare or endangered species of flora or fauna; or

(b) has been approved subject to amendments made for the purpose of protecting a rare or endangered species of flora or fauna, and where an appeal to the Forest Practices Tribunal under section 25 (1) of that Act in respect of those amendments has been wholly or partially dismissed; or

(c) [Section 37A Amended by No. 23 of 1999, s. 45, Applied:01 Jul 1999] has been refused wholly or partially on the ground that implementation of the forest practices plan would threaten a rare or endangered species of flora or fauna, and where an appeal to the Forest Practices Tribunal under section 25 (1) of that Act in respect of that refusal has been wholly or partially dismissed;

arbitrator means a person nominated by the Forest Practices Tribunal, as constituted under section 34 (7A) of the Forest Practices Act 1985 , for the purpose of arbitrating disputes under this Part;

[Section 37A Amended by No. 1 of 2000, s. 10, Applied:28 Apr 2000] authorised person means a person authorised by the Minister under section 37J(1) ;

compensation means a payment of compensation made by the Minister to a landowner under this Part;

conservation compensation committee means a special advisory committee established by the Minister pursuant to section 12 for the purpose of assessing the amount of compensation that is to be paid to landowners pursuant to this Part;

[Section 37A Amended by No. 45 of 1998, s. 97, Applied:30 Apr 1999] conservation covenant means a covenant for a conservation purpose entered into pursuant to section 37B , and includes any variation of that covenant;

[Section 37A Amended by No. 23 of 1999, s. 45, Applied:01 Jul 1999]

[Section 37A Amended by No. 23 of 1999, s. 45, Applied:01 Jul 1999] Forest Practices Board means the board of that name established under the Forest Practices Act 1985 ;

Forest Practices Code, 1987 means the Forest Practices Code of March 1987 issued pursuant to section 30 of the Forest Practices Act 1985 ;

[Section 37A Amended by No. 23 of 1999, s. 45, Applied:01 Jul 1999] forest practices plan means a forest practices plan within the meaning of the Forest Practices Act 1985 ;

Forest Practices Tribunal means the tribunal of that name established under section 34 of the Forest Practices Act 1985 ;

landowner or owner of land means one or more of the following:

(a) in the case of the fee simple estate in land – the person in whom that estate vested;

(b) in the case of land that is not registered under the Land Titles Act 1980 and is subject to a mortgage – the person having, for the time being, the equity of redemption in that mortgage;

(c) in the case of land held under a tenancy for life – the person who is the life tenant;

(d) in the case of land held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period – the person who is the lessee of the land;

(e) in the case of land held under any other prescribed interest – the person who is the holder of the land under that interest;

registered means registered under the Land Titles Act 1980 ;

servient land, in relation to a conservation covenant entered into between the Minister and a landowner, means the land of the landowner that is subject to the covenant;

taxon means a taxonomic group of any rank into which organisms are categorised;

threatened species means a taxon of flora or fauna that is listed in Schedule 3 , 4 or 5 to the Threatened Species Protection Act 1995 ;

37B.   Minister may enter into conservation covenants

[Section 37B Inserted by No. 42 of 1991, s. 118 ]

(1)  [Section 37B Subsection (1) amended by No. 45 of 1998, s. 98, Applied:30 Apr 1999] [Section 37B Subsection (1) substituted by No. 84 of 1995, s. 5 ]If the Minister considers it necessary or desirable to do so for a conservation purpose, the Minister may enter into a conservation covenant with an affected owner who applies for compensation under section 37C or any other landowner.

(2)  A conservation covenant may contain –

(a) such covenants and other provisions, including requirements for a management plan or management conditions for the servient land, as the Minister and the landowner agree or, failing such agreement, as determined by an arbitrator in accordance with the Commercial Arbitration Act 1986 ; and

(b) [Section 37B Subsection (2) amended by No. 45 of 1998, s. 98, Applied:30 Apr 1999] provisions relating to the payment of compensation to the landowner determined in accordance with sections 37D and 37E or in accordance with agreements reached between the Minister and the landowner; and

(ba) [Section 37B Subsection (2) amended by No. 1 of 2000, s. 11, Applied:28 Apr 2000] provisions requiring the repayment of money; and

(c) [Section 37B Subsection (2) amended by No. 45 of 1998, s. 98, Applied:30 Apr 1999] provisions relating to the waiver of entitlements to statutory compensation.

(3)  [Section 37B Subsection (3) inserted by No. 1 of 2000, s. 11, Applied:28 Apr 2000] A conservation covenant may be a restrictive covenant or a positive covenant.

37C.   Affected owner entitled to apply for compensation

[Section 37C Inserted by No. 42 of 1991, s. 118 ]

(1)  A landowner may apply to the Minister for compensation for any financial loss suffered by that landowner as a result of becoming an affected owner.

(2)  An application for compensation under subsection (1) is to be made in writing to the Minister within 180 days of the day on which the landowner became an affected owner.

(3)  The Minister must, as soon as practicable after receiving an application for compensation from an affected owner under subsection (1) , notify the affected owner that the application is –

(a) accepted; or

(b) refused.

37D.   Assessment of compensation

[Section 37D Inserted by No. 42 of 1991, s. 118 ]

(1)  Any compensation to be paid to a landowner under this Part is to be assessed, as soon as practicable, by a conservation compensation committee.

(2)  [Section 37D Subsection (2) amended by No. 84 of 1995, s. 6 ]In assessing the amount of compensation that is to be paid to a landowner under this Part, the conservation compensation committee –

(a) must give the Minister and the landowner a reasonable opportunity to make submissions to the committee; and

(b) may have regard to such matters as the committee considers relevant; and

(c) must have regard to the following matters:

(i) the value of any standing timber on the relevant land;

(ii) any timber-growing potential of the relevant land unable to be realized;

(iii) the value of any agricultural activities being carried out on the relevant land;

(iv) any agricultural potential of the relevant land unable to be realized;

(v) any government restrictions relating to threatened species of flora or fauna, including restrictions under the Forest Practices Code 1987 existing as at the date of commencement of the Public Land (Administration and Forests) Act 1991 ;

(vi) the amount of any land tax or municipal rates payable in respect of the relevant land, and whether the landowner is entitled to receive any remission of such charges;

(vii) the likely impact of a conservation covenant on the use of other land of the landowner;

(viii) any reasonable costs incurred, or likely to be incurred, by the landowner as a result of the landowner entering into a conservation covenant in respect of the relevant land, other than the costs of any arbitration or legal proceedings.

(3)  If –

(a) the Minister or the landowner disputes the amount of compensation assessed by the conservation compensation committee; and

(b) the Minister and the landowner cannot otherwise agree as to the amount of compensation –

the amount of compensation may be determined by an arbitrator in accordance with the Commercial Arbitration Act 1986 .

(4)  An affected owner who does not accept the amount of compensation assessed by the conservation compensation committee and who –

(a) refuses to have the amount of compensation determined by an arbitrator pursuant to subsection (3) ; or

(b) does not accept the determination of an arbitrator made pursuant to subsection (3) –

is to be taken to have withdrawn his or her application for compensation.

37E.   Payment of compensation

[Section 37E Inserted by No. 42 of 1991, s. 118 ]

(1)  Any compensation paid by the Minister to a landowner pursuant to a conservation covenant is –

(a) payable from funds made available for the purpose by Parliament; and

(b) payable in such manner and over such period of time as the Minister and the landowner agree or, failing such agreement as determined by an arbitrator in accordance with the Commercial Arbitration Act 1986 .

(2)  Notwithstanding subsection (1) (b) , a conservation covenant that provides for the payment of compensation to a landowner is to provide for an initial payment of part of that compensation to be made to the landowner at the time the covenant comes into force.

(3)  If there is more than one owner of land that is subject to a conservation covenant, any payment of compensation made by the Minister under this Part is to be divided between those landowners according to their respective interests.

37F.   Effect of failure to pay compensation

[Section 37F Inserted by No. 42 of 1991, s. 118 ][Section 37F Subsection (8) amended by No. 84 of 1995, s. 7 ]

(1)  [Section 37F Subsection (1) amended by No. 100 of 1993, s. 6 ]This section applies to –

(a) an affected owner whose application to the Minister for compensation has been refused by the Minister pursuant to section 37C (3) (b) ; and

(b) an affected owner in respect of whom the Minister has not accepted the determination of an arbitrator made pursuant to section 37B (2) (a) or 37D (3) ; and

(c) an affected owner or other landowner who has entered into a conservation covenant but has not, within the period of 180 days immediately after the day on which he or she notified the Minister that he or she would accept an offer of compensation under this Part, received –

(i) any compensation; or

(ii) the full amount of the initial instalment of compensation provided for in the covenant.

(2)  The 180 day period referred to in subsection (1) (c) is exclusive of any period of time during which the affected owner has been a party to any arbitration or legal proceedings in respect of a matter under this Part.

(3)  A landowner to whom subsection (1) (c) applies may notify the Minister in writing that he or she requires the conservation covenant referred to in that subsection to be discharged.

(4)  If the Minister receives a notification from a landowner under subsection (3) the Minister must –

(a) if satisfied that there has been a failure to pay compensation to that landowner; and

(b) if any compensation paid to that landowner has been repaid to the Minister –

lodge an executed discharge of the relevant conservation covenant with the Recorder without undue delay.

(5)  A landowner is not required to pay interest in respect of any compensation that is repaid to the Minister under this section.

(6)  If a conservation covenant is discharged at the request of a landowner in accordance with this section, an action does not lie against the Crown in respect of any failure to pay compensation to the landowner under this Part.

(7)  [Section 37F Subsection (7) amended by No. 23 of 1999, s. 46, Applied:01 Jul 1999] [Section 37F Subsection (7) amended by No. 25 of 1994, s. 45 and Sched. 3 ]A landowner to whom this section applies may reapply to the Forest Practices Board under section 18 (1) (b) of the Forest Practices Act 1985 for the certification of the relevant forest practices plan.

(8)  [Section 37F Subsection (8) amended by No. 23 of 1999, s. 46, Applied:01 Jul 1999] [Section 37F Subsection (8) amended by No. 25 of 1994, s. 45 and Sched. 3 ]Subject to subsection (9) , if a forest practices plan is submitted to the Forest Practices Board pursuant to subsection (7) , the Forest Practices Board has no power–

(a) [Section 37F Subsection (8) amended by No. 23 of 1999, s. 46, Applied:01 Jul 1999] to refuse to certify the plan on the grounds that implementation of the plan would adversely affect a threatened species of flora or fauna which has previously been considered by that Board in respect of that plan; or

(b) to amend the plan for the purpose of protecting a threatened species of flora or fauna which has previously been considered by that Board in respect of that plan–

and, if that plan is otherwise certified, the Forest Practices Board has no power–

(c) to amend the plan under section 22 of the Forest Practices Act 1985 for the purpose of protecting a threatened species of flora or fauna which has previously been considered by that Board in respect of that plan; or

(d) to refuse an application to vary the plan under section 23 of the Forest Practices Act 1985 on the ground that implementation of the variation of the plan would adversely affect a threatened species of flora or fauna which has previously been considered by that Board in respect of that plan.

(9)  [Section 37F Subsection (9) amended by No. 25 of 1994, s. 45 and Sched. 3 ]Nothing in subsection (8) prohibits the Forest Practices Board from enforcing a restriction contained in the Forest Practices Code, 1987 .

(10)  Subsections (7) and (8) have effect notwithstanding any other enactment.

37G.   Conservation covenants

[Section 37G Inserted by No. 42 of 1991, s. 118 ]

(1)  A conservation covenant –

(a) runs with the servient land as if it were a covenant to which section 102 (2) of the Land Titles Act 1980 applies; and

(b) is enforceable between the parties to it, and any person deriving title under any such party, as if the covenant were entered into by a fee simple owner of land for the benefit of adjacent land held by the Crown in fee simple that was capable of being benefited by the covenant and as if that adjacent land continued to be so held by the Crown.

(2)  The Minister may, at any time, on behalf of the Crown by agreement with the owner of land that is subject to a conservation covenant, discharge or vary the covenant.

(3)  A conservation covenant and a variation of a conservation covenant come into force on the day on which they are registered by the Recorder.

(4)  A conservation covenant ceases to be enforceable on the day on which a discharge of the covenant is registered by the Recorder.

(5)  [Section 37G Subsection (5) amended by No. 1 of 2000, s. 12, Applied:28 Apr 2000] Notwithstanding the provisions of the Land Titles Act 1980 and the Registration of Deeds Act 1935 –

(a) a conservation covenant; and

(b) a variation or discharge of a conservation covenant–

are to be in such form as the Recorder approves.

(6)  [Section 37G Subsection (6) inserted by No. 45 of 1998, s. 99, Applied:30 Apr 1999] If it is expressly provided in a conservation covenant, a covenant may not be varied or discharged without the consent of the Crown in the right of the Commonwealth being first obtained.

37H.   Registration of conservation covenants

[Section 37H Inserted by No. 42 of 1991, s. 118 ]

(1)  The Minister must, as soon as practicable, lodge with the Recorder an executed copy of –

(a) each conservation covenant; and

(b) each variation or discharge of a conservation covenant –

entered into by the Minister under this Part, together with particulars of the title to the servient land.

(1A)  [Section 37H Subsection (1A) inserted by No. 1 of 2000, s. 13, Applied:28 Apr 2000] The Minister is to lodge with the Recorder, at the same time as the copy of the conservation covenant is lodged, a management plan or management condition referred to in a conservation covenant, together with particulars of the title to the servient land.

(1B)  [Section 37H Subsection (1B) inserted by No. 1 of 2000, s. 13, Applied:28 Apr 2000] The Minister is to lodge with the Recorder, as soon as practicable after it is approved, a management plan approved under section 19(1) that, in whole or in part, rescinds, replaces or alters any management plan lodged under subsection (1A) , together with particulars of the title to the servient land.

(2)  [Section 37H Subsection (2) substituted by No. 1 of 2000, s. 13, Applied:28 Apr 2000] Subject to the provisions of the Land Titles Act 1980 , the Recorder is to register on the folio of the Register constituting the title to the servient land the following:

(a) each conservation covenant, and each variation or discharge of a conservation covenant, lodged under subsection (1) ;

(b) a management plan lodged under subsection (1A) and a management plan approved under section 19(1) that rescinds, replaces or alters the first-mentioned management plan.

(3)  If the whole or any part of the servient land referred to in subsection (2) is not under the Land Titles Act 1980 , the relevant conservation covenant may be dealt with by the Recorder in the same manner as if it were a conveyance on sale within the meaning of section 17 (1) (a) of that Act .

37I.   Recorder may require plan to be deposited

[Section 37I Inserted by No. 42 of 1991, s. 118 ]

(1)  [Section 37I Subsection (1) amended by No. 1 of 2000, s. 14, Applied:28 Apr 2000] The Recorder may, if the Recorder considers it necessary to do so for the purposes of section 37H , require the Minister to deposit with the Recorder–

(a) a plan of any land; or

(b) a plan of a part of any land–

that is subject to a conservation covenant or to which a management plan relates.

(2)  For the purpose of subsection (1) , the Recorder may require a plan to be made from actual survey and certified as correct by a surveyor who is registered and certificated under the Land Surveyors Act 1909 .

37J.   Power to inspect land subject to conservation covenant

[Section 37J Inserted by No. 42 of 1991, s. 118 ]

(1)  [Section 37J Subsection (1) substituted by No. 1 of 2000, s. 15, Applied:28 Apr 2000] Subject to this section, a person who is authorised by the Minister to do so may at any reasonable time and without any interference from the owner of the land or any other person –

(a) enter upon and inspect land that is subject to a conservation covenant; or

(b) enter upon and inspect land in respect of which an affected owner has made an application for compensation under section 37C .

(2)  [Section 37J Subsection (2) amended by No. 1 of 2000, s. 15, Applied:28 Apr 2000] For the purpose of subsection (1) , the authorised person must give reasonable notice of the proposed entry to the owner of the land.

(3)  [Section 37J Subsection (3) inserted by No. 1 of 2000, s. 15, Applied:28 Apr 2000] The Minister and the owner of any land that is subject to a conservation covenant may enter into an agreement in relation to the method of access to that land by an authorised person.

(4)  [Section 37J Subsection (4) inserted by No. 1 of 2000, s. 15, Applied:28 Apr 2000] If an agreement is in force under subsection (3) in relation to any land, the method of access to that land is to be in accordance with the agreement except –

(a) in the case of an emergency; or

(b) if, in the circumstances, the Minister considers that method of access would be unreasonable.

(5)  [Section 37J Subsection (5) inserted by No. 1 of 2000, s. 15, Applied:28 Apr 2000] The Minister is to keep the owner of any land that is subject to a conservation covenant indemnified against any loss, damage or legal liability arising from entry to that land and attributable to any act or omission of the Minister or an authorised person in respect of –

(a) personal injury to, or the death of, any person; or

(b) any damage to property on that land.

37K.   Offences

[Section 37K Inserted by No. 42 of 1991, s. 118 ]

(1)  A person against whom a conservation covenant is enforceable must not contravene or fail to comply with that covenant.

Penalty:  Fine not exceeding 100 penalty units.

(2)  A court that convicts a person of an offence under subsection (1) , in addition to any penalty it imposes under that subsection –

(a) must order that person to pay to the Crown such amount as the court considers appropriate having regard to any compensation that has been paid to that person, or to any previous owner of the land that is subject to the covenant, by virtue of the covenant; and

(b) [Section 37K Subsection (2) amended by No. 45 of 1998, s. 100, Applied:30 Apr 1999] may order that person to pay to the Crown such amount as the court considers appropriate having regard to any loss, or costs, incurred by the Crown as a result of the breach of the covenant; and

(c) [Section 37K Subsection (2) amended by No. 45 of 1998, s. 100, Applied:30 Apr 1999] must order that person to pay to the Crown such amount as the court considers appropriate of any financial gain made by that person as a result of or in connection with the breach of the covenant.

37L.   Service of applications, &c.

[Section 37L Inserted by No. 42 of 1991, s. 118 ]Any application, notification or other document required to be served on a person under this Part may be sent by post or delivered personally.

PART VI - Provisions Relating to Enforcement

38.   Interpretation of "found offending"

Section 55 (5) of the Police Offences Act 1935 applies in respect of this Part as it applies in respect of that section as if the reference in that subsection to that Act were a reference to this Act.

39.   Power to require offenders to disclose identity and leave land

(1)  Where an authorized officer has reasonable grounds for believing that a person has committed, or is committing, an offence against this Act, he may require that person to state his name and the address of his place of abode.

(2)  Where a person is found offending within any reserved land against any provision of this Act an authorized officer may require him to leave the reserved land.

(3)  The owner or occupier of any land, or an employee or agent of such an owner or occupier, may require any person trespassing on that land whom he has reasonable grounds for believing has committed, or is committing, an offence against this Act –

(a) to state his name and the address of his place of abode; and

(b) to leave that land.

(4)  A person who, when required under this section to state his name and the address of his place of abode, fails or refuses to give his full name and that address or gives a name or address that is false, is guilty of an offence.

(5)  A person who, when required under this section to leave any land, refuses to do so, or does not do so with reasonable expedition, is guilty of an offence.

40.   Production of licences, &c.

[Section 40 Amended by No. 52 of 1992, s. 6 ]An authorized officer may require any person to produce any licence, permit or other document issued to the person under this Act and any person who fails or refuses to comply with such a requirement is guilty of an offence.

41.   Powers and duties of seizure

(1)  Where an authorized officer has reasonable grounds for believing that an offence has been committed under this Act with respect to any wildlife or the products thereof, or any plant, he may seize that wildlife or those products or that plant, or any products of that wildlife.

(2)  [Section 41 Subsection (2) substituted by No. 52 of 1992, s. 7 ]An authorized officer must seize any hunting equipment that the officer has reasonable grounds for believing has been or is being used in, or in connection with, the commission of an offence under this Act.

(2A)  [Section 41 Subsection (2A) inserted by No. 52 of 1992, s. 7 ]An authorized officer may seize any thing that the officer has reasonable grounds for believing has been taken by, or is in the possession of, a person contrary to the provisions of this Act.

(2B)  [Section 41 Subsection (2B) inserted by No. 52 of 1992, s. 7 ]An authorized officer may seize a licence, permit or other document issued under this Act if the officer has reasonable grounds for believing that the holder of the licence or permit has committed an offence under this Act.

(2C)  [Section 41 Subsection (2C) inserted by No. 52 of 1992, s. 7 ]An authorized officer may seize any record or document –

(a) relating to trade in wildlife or other wildlife matters; or

(b) that appears to indicate that an offence under this Act has been, or is being, committed.

(3)  An authorized officer may seize any living thing that he has reasonable grounds for believing has been used for the purpose of taking wildlife contrary to the provisions of this Act.

(4)  [Section 41 Subsection (4) amended by No. 52 of 1992, s. 7 ]Where any hunting equipment, licence, permit or record or other document or any other animate or inanimate thing is seized under this Act, the person by whom it was seized may, subject to the directions of the Director, or some person authorized by him in that behalf, retain it until the determination of any proceedings that may be instituted in respect of an offence against this Act against the person from whom it was seized.

(5)  [Section 41 Subsection (5) amended by No. 52 of 1992, s. 7 ]Where any hunting equipment, licence, permit or record or other document or any other animate or inanimate thing has been seized from any person under this Act and no proceedings have been instituted against that person for an offence on conviction for which it may be forfeited to the Crown, a court of petty sessions, on the application of that person, may direct it to be returned to him, and, on the making of that direction, the authority under subsection (4) to retain it ceases.

(6)  [Section 41 Subsection (6) amended by No. 52 of 1992, s. 7 ]Any person who, when required to do so by an authorized officer, refuses to deliver to that officer any hunting equipment, licence, permit or record or other document or any other animate or inanimate thing the officer is entitled to seize under this Act is guilty of an offence.

42.   Powers of entry and search

(1)  Where an authorized officer has reason to believe that any thing which he is entitled to seize under this Act is in or on any premises, conveyance, or container he may search those premises or that conveyance or container.

(2)  An authorized officer may inspect and search any premises or conveyance where any wildlife or any products thereof, or any plants are kept for sale, or offered or exposed for sale, or where he has reasonable grounds for believing that any wildlife or any products thereof, or any plants are kept for sale, or offered or exposed for sale.

(3)  An authorized officer may inspect and search any premises at which any person is, under any licence or permit issued or granted under the wildlife regulations or under section 35 , authorized to keep or have in possession any wildlife.

(4)  For the purposes of conducting a search under this section in a conveyance an authorized officer may require that conveyance to be stopped and, if it is on reserved land or on any water, he may bring it, or cause or require it to be brought, to some convenient place for the search to be carried out.

(5)  [Section 42 Subsection (5) substituted by No. 52 of 1992, s. 8 ]In exercising the powers conferred, or in performing the duties imposed, by section 41 or this section, an authorized officer may, without warrant, do any or all of the following things at all reasonable times:

(a) enter any premises, conveyance or container;

(b) in any premises, conveyance or container lawfully entered, search for, examine, make copies of or take extracts from any record or document –

(i) relating to trade in wildlife or other wildlife matters; or

(ii) that appears to indicate that an offence under this Act has been, or is being, committed;

(c) in any premises, conveyance or container lawfully entered, open any container.

(6)  For the purpose of facilitating the exercise of his powers under this section in respect of any premises, conveyance, or container, an authorized officer may require the person apparently in charge of those premises, or that conveyance or container, or any of his servants or agents, to afford him such assistance as he may require.

(7)  A person who, without reasonable excuse (proof whereof lies on him) refuses or fails to comply with any requirements made to him by an authorized officer under this section is guilty of an offence.

(8)  [Section 42 Subsection (8) inserted by No. 52 of 1992, s. 8 ]In exercising the powers conferred, or in performing the duties imposed, by section 41 or this section, an authorized officer must not enter any premises or any part of any premises used as a principal residence except where the officer has obtained a warrant under subsection (9) or the permission of the occupier to enter the residence.

(9)  [Section 42 Subsection (9) inserted by No. 52 of 1992, s. 8 ]If a magistrate or justice is satisfied, on the application of an authorized officer, that there is reasonable cause to permit entry to any premises or any part of any premises used as a principal residence, the magistrate or justice may issue a warrant authorizing an authorized officer to enter the premises or the part of premises specified in the warrant for the purposes of exercising the powers conferred, and the duties imposed, by section 41 or this section in those premises or that part.

(10)  [Section 42 Subsection (10) inserted by No. 52 of 1992, s. 8 ]A warrant issued under subsection (9) –

(a) is valid for a period of 30 days; and

(b) authorizes all persons acting in aid of an authorized officer to enter the premises, or the part of premises, specified in the warrant.

43.   Powers of arrest

An authorized officer may arrest without warrant any person found offending who –

(a) fails or refuses, on demand, to give his full name and the address of his place of abode;

(b) gives any name or address that the officer has reasonable grounds for believing is false; or

(c) does not deliver up to that officer, on demand, any thing in his possession or under his control, that the officer is entitled to seize under this Act.

44.   Penalty

[Section 44 Amended by No. 10 of 1984, s. 10 ][Section 44 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who is guilty of an offence against this Part is liable to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment.

45.   Production and cancellation of licences, &c., in offence proceedings

(1)  [Section 45 Subsection (1) substituted by No. 52 of 1992, s. 9 ]The holder of a licence, permit or other document issued under this Act who is charged with an offence under this Act must produce the licence, permit or other document to the court which is hearing the charge except where the holder has a reasonable excuse for not doing so.

Penalty:  Fine not exceeding 2 penalty units.

(2)  Where a person fails to comply with subsection (1) in respect of any charge the court before which he is charged may forthwith, and on its own knowledge of the offence, convict him of the offence and impose a penalty on that conviction.

(3)  [Section 45 Subsection (3) substituted by No. 52 of 1992, s. 9 ]If a person is convicted of an offence under this Act, the court may make an order doing any one or more of the following in addition to, or in lieu of, imposing any other penalty:

(a) cancelling any licence, permit or other document issued to the person under this Act;

(b) prohibiting the person from applying for, or being granted or issued, a licence, permit or other document under this Act for the period specified in the order;

(c) prohibiting the person from being in possession or control of any hunting equipment for the period specified in the order.

(3A)  [Section 45 Subsection (3A) inserted by No. 52 of 1992, s. 9 ]The cancellation of a licence, permit or other document under subsection (3) takes effect on the day on which the order is made.

(4)  [Section 45 Subsection (4) amended by No. 52 of 1992, s. 9 ]Where a licence, permit or other document is ordered to be cancelled under subsection (3) the clerk of the court, if the licence, permit or other document is available to him, shall endorse thereon a statement that the licence, permit or other document has been cancelled and shall cause it to be delivered to the Director.

45A.   Cancellation of firearm licence

[Section 45A Inserted by No. 52 of 1992, s. 10 ]

(1)  In this section,

gun licence means any licence under the Guns Act 1991 .

(2)  Where a person is convicted of an offence against this Act, the court may, in addition to imposing any other penalty, make an order doing any one or more of the following:

(a) cancelling or suspending a gun licence held by that person;

(b) prohibiting the person from applying for, or being granted or issued, a gun licence during the period specified in the order.

(3)  The clerk of the court which made an order under subsection (2) must provide the Commissioner of Police with a copy of the order.

(4)  On receipt of a copy of an order referred to in subsection (3) , the Commissioner of Police must, by notice in writing served on the person to whom the order relates, notify that person of the terms of the order and require that person to surrender to the Commissioner of Police any gun licence and any firearm held by the person.

(5)  The cancellation or suspension of a gun licence under this section takes effect when the notice referred to in subsection (4) is served on the holder of the licence.

(6)  A notice referred to in subsection (4) is effectively served on a person if it is –

(a) given to the person; or

(b) left at, or sent by post to, the person's postal or residential address or the place or address of business or employment last known to the server of the notice.

45B.   Contravention of order under section 45 (3)

[Section 45B Inserted by No. 52 of 1992, s. 10 ]

(1)  A person who contravenes or fails to comply with an order made under section 45 (3) (c) is guilty of an offence.

(2)  If an authorized officer has reasonable grounds for believing that a person has committed an offence under subsection (1) , the authorized officer may, without warrant –

(a) arrest that person; and

(b) for the purpose of arresting that person –

(i) enter, by force if necessary, any premises on which the authorized officer has reasonable grounds for believing that person is present; and

(ii) search those premises.

46.   Forfeiture of articles, &c., on conviction

(1)  Any wildlife or the products thereof, or any plants, taken, had in possession, bought, sold, dealt with, exported, or disposed of, in contravention of any of the provisions of this Act, are forfeited to the Crown, and the conviction of any person for contravention has effect as a condemnation of that wildlife or those products, or those plants, without the necessity of a complaint being laid for that condemnation.

(1A)  [Section 46 Subsection (1A) inserted by No. 52 of 1992, s. 11 ]On the conviction of a person of an offence under this Act, hunting equipment is forfeited to the Crown –

(a) if it was used in, or in connection with, the commission of that offence; or

(b) if the offence was committed in relation to it.

(1B)  [Section 46 Subsection (1B) inserted by No. 52 of 1992, s. 11 ]On convicting a person of an offence under this Act, the court may order hunting equipment referred to in subsection (2A) to be returned to another person if the court is satisfied that –

(a) the other person owns or has an interest in the equipment; and

(b) the equipment was used in or in connection with the commission of the offence, or the offence was committed in relation to the equipment, without the consent of the other person; and

(c) it would be unjust to the other person for the equipment to be forfeited to the Crown.

(2)  [Section 46 Subsection (2) amended by No. 52 of 1992, s. 11 ]On conviction for an offence under this Act, the court may declare forfeited to the Crown anything seized under section 41 (2A) .

(3)  [Section 46 Subsection (3) amended by No. 52 of 1992, s. 11 ]Any wildlife or the products thereof, any plants, hunting equipment or other things forfeited under this section are to be disposed of in the manner prescribed or, if no manner is prescribed, as the Director may determine.

47.   Compensation on conviction for offences

(1)  Where a person is convicted of an offence under this Act, and in or as a result of the commission of that offence, damage or injury was caused to any property, or any wildlife was taken, the court by which he is convicted may, in addition to, or in lieu of, imposing any penalty or making any other order on that conviction, order that person to pay to the appropriate authority such sum as it thinks reasonable by way of compensation for the damage or injury, or the taking of the wildlife, as the case may be.

(2)  In this section appropriate authority means –

(a) in the case of an offence under section 30 , the Director;

(b) in the case of any other offence, being an offence committed on reserved land, the managing authority therefor, or, if there is no managing authority for that land, the owner thereof; or

(c) in any other case, the owner (if any) of the property or creature in respect of which the sum was ordered to be paid.

47A.   

47B.   Protection of authorized officers

[Section 47B Inserted by No. 85 of 1974, s. 7 ]

(1)  No action lies in respect of the giving of advice, or the failure to give advice, by any person to whom this section applies while he is acting in good faith in the administration of this Act.

(2)  This section applies to authorized officers and persons prescribed pursuant to section 29 (3) (a) .

PART VIA - Infringement Notices and Vehicle Infringement Notices

47C.   Interpretation

[Section 47C Inserted by No. 55 of 1995, s. 4 ]In this Part –

approved means approved by the Director;

infringement notice means an infringement notice served under section 47D (1) ;

[Section 47C Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 47C Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] registered operator of a motor vehicle or a trailer means the registered operator for the purposes of the Vehicle and Traffic Act 1999 or the corresponding law of another State or a Territory and includes –

(a) in the case of a vehicle to which a trade plate or similar device is affixed under the Vehicle and Traffic Act 1999 or a corresponding law of another State or a Territory – the person to whom the trade plate or similar device was issued; or

(b) in the case of a vehicle for which a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under the corresponding law of another State or a Territory has been issued – the person to whom the permit or authorisation was issued;

specified penalty means the penalty specified in an infringement notice;

vehicle infringement notice means a vehicle infringement notice served under section 47D (2) ;

withdrawal notice means a withdrawal notice served under section 47E (2) .

47D.   Service and acceptance of infringement notices and vehicle infringement notices

[Section 47D Inserted by No. 55 of 1995, s. 4 ]

(1)  An authorized officer may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence.

(2)  [Section 47D Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] An authorized officer may serve a vehicle infringement notice on the registered operator of a vehicle if of the opinion that the vehicle has been used in relation to a prescribed offence.

(3)  An infringement notice or a vehicle infringement notice is to –

(a) be in an approved form; and

(b) specify –

(i) the offence to which it relates; and

(ii) the penalty for that offence; and

(iii) that payment of the penalty is to be to a court of petty sessions; and

(iv) any other prescribed details.

(4)  An infringement notice or a vehicle infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so he or she may be prosecuted for the offence to which the notice relates.

(5)  Subject to subsection (6) , a person may accept an infringement notice or a vehicle infringement notice, unless it has been withdrawn, by –

(a) paying within 21 days of being served with the notice the specified penalty to a clerk of petty sessions; or

(b) lodging with a clerk of petty sessions within 21 days of being served with the notice a written undertaking to pay the specified penalty by any instalments or within any time that clerk may direct.

(6)  If an infringement notice or a vehicle infringement notice served on a person has not been accepted by the person in either of the ways prescribed in subsection (5) at the expiry of the appropriate period prescribed in that subsection, the clerk of petty sessions, by written notification to that person, may allow that person an additional period of 14 days commencing on the expiry of the first-mentioned period in which to accept the infringement notice or vehicle infringement notice.

(7)  A clerk of petty sessions may, at any time before a complaint and summons is issued for the relevant offence, accept payment of the prescribed penalty or a written undertaking to pay the penalty either wholly or by instalments within such time as the clerk may direct.

(8)  If an infringement notice or a vehicle infringement notice in respect of a prescribed offence has been served on a person, proceedings are not to be brought against that person for that offence if the notice has been accepted and has not been withdrawn.

(9)  Whether or not an infringement notice or a vehicle infringement notice is accepted, proceedings are not to be brought within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period under subsection (6) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period –

unless the notice has been withdrawn.

(10)  If an infringement notice in respect of an offence has been accepted by a person and has not been withdrawn, that acceptance, in relation to proceedings for any other offence, is to be treated as a conviction for the offence in respect of which the notice was served unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated.

(11)  Acceptance of an infringement notice or a vehicle infringement notice is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding.

47E.   Withdrawal of infringement notices and vehicle infringement notices

[Section 47E Inserted by No. 55 of 1995, s. 4 ]

(1)  An infringement notice or vehicle infringement notice that has been served on any person may, whether or not it has been accepted, be withdrawn as provided in subsection (2) at any time within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period under section 47D (6) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period.

(2)  For the purposes of subsection (1) , an infringement notice or a vehicle infringement notice served on a person is withdrawn by the service on that person of a withdrawal notice signed by an authorized officer stating that the infringement notice or vehicle infringement notice has been withdrawn.

(3)  If an infringement notice or a vehicle infringement notice has been withdrawn under this section and any sums have been paid to a clerk of petty sessions by way of penalty in pursuance of that notice, that clerk is to repay the sum so paid to the person on whom the notice was served.

(4)  If an infringement notice or a vehicle infringement notice has been served in respect of an offence and has been withdrawn, evidence of the service, acceptance or withdrawal of the notice is not admissible in any proceedings for that offence.

(5)  A reference in this Part to the withdrawal of an infringement notice or a vehicle infringement notice is a reference to the withdrawal of the notice under this section.

47F.   Effect of undertaking to pay a prescribed penalty

[Section 47F Inserted by No. 55 of 1995, s. 4 ]

(1)  If an undertaking referred to in section 47D (5) (b) is lodged with a clerk of petty sessions, the clerk is to give directions to the person by whom the undertaking is given requiring the person to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions.

(2)  Before giving a direction under subsection (1) with respect to any person, the clerk is to consider any representations made to the clerk by or on behalf of that person, whether at the time the undertaking is lodged or otherwise, with respect to the person's financial circumstances, and is to give such directions as, having regard to those representations and all the circumstances of the case, the clerk considers just and reasonable.

(3)  If a person fails to comply with any direction given under subsection (1) the like proceedings may be had in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on the person on summary conviction for an offence.

47G.   Service of notices

[Section 47G Inserted by No. 55 of 1995, s. 4 ]

(1)  An infringement notice is to be served on a person by an authorized officer delivering it to the person.

(2)  A vehicle infringement notice may be served by affixing it to the vehicle in respect of which the offence occurred.

(3)  A person must not remove a vehicle infringement notice affixed to a vehicle so that the contents of the notice do not become known to the person in charge of the vehicle.

Penalty:  Fine not exceeding one penalty unit.

(4)  A withdrawal notice is to be served on a person by delivering it to the person or by post.

(5)  A notification under section 47D (6) by a clerk of petty sessions is to be served on a person by sending it by post addressed to the person at the place shown as his or her address in the relevant infringement notice or vehicle infringement notice.

47H.   Penalty to be paid into Consolidated Fund

[Section 47H Inserted by No. 55 of 1995, s. 4 ]Any sum paid to a clerk of petty sessions under this Part by way of penalty is to be paid into the Consolidated Fund.

47I.   Proceedings in relation to motor vehicle offences

[Section 47I Inserted by No. 55 of 1995, s. 4 ]

(1)  [Section 47I Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Unless the registered operator of a motor vehicle used in relation to a prescribed offence establishes a defence under this section, the registered operator is guilty of the offence whether or not the registered operator was driving, or in charge of, the motor vehicle at the time of the offence.

(2)  It is a defence to proceedings in relation to a prescribed offence for the defendant to establish that he or she was not driving, or in charge of, the motor vehicle at the time of the occurrence of the offence.

(3)  A person is not entitled to rely on a defence under subsection (2) unless, within 21 days of being served with a complaint and summons relating to the offence, the person gives to the clerk of the court specified in the summons –

(a) written notice of the intention to rely on that defence; and

(b) a statutory declaration stating that at the time of the occurrence of the offence –

(i) the motor vehicle was being driven without the person's knowledge or consent; or

(ii) the motor vehicle was in the charge of another person and stating the name of that other person; or

(iii) the first-mentioned person had no right or interest in the motor vehicle.

(4)  Proceedings must not be heard in relation to a prescribed offence unless the defendant referred to in the complaint and summons was, at the time of being served with the complaint and summons, notified in writing of the provisions of this section.

(5)  A complaint and summons to which this section relates is to contain an address at which a notice under subsection (3) may be lodged.

(6)  A statutory declaration under subsection (3) (b) naming a person as being in charge of the motor vehicle is evidence in any proceedings for a prescribed offence that that person was at all relevant times relating to that offence in charge of the motor vehicle.

(7)  If a penalty has been imposed on, or recovered from, any person in relation to a prescribed offence, a further penalty must not be imposed on, or recovered from, any other person in relation to the offence.

47J.   More than one registered operator

[Section 47J Inserted by No. 55 of 1995, s. 4 ]

(1)  [Section 47J Subsection (1) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] If there are 2 registered operators of a motor vehicle, proceedings for a prescribed offence may be brought against one of those registered operators or against both of them jointly.

(2)  [Section 47J Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] If there are 2 registered operators of a motor vehicle, a court may find the defendant or each of the defendants guilty of an offence if satisfied that–

(a) an offence has been committed; and

(b) a defence is not established under section 47I (2) .

(3)  [Section 47J Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] If a fine is imposed on 2 registered operators of a motor vehicle who have been found guilty of a prescribed offence, the total of any fines imposed in respect of that offence is not to exceed the maximum fine that could have been imposed if only one of them had been found guilty of that offence.

47K.   Regulations

[Section 47K Inserted by No. 55 of 1995, s. 4 ]

(1)  The Governor may make regulations for the purposes of this Part.

(2)  Regulations under this Part may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is a prescribed offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

PART VII - Supplemental

48.   Capacity, &c., to consent

(1)  A body corporate may give any consent for the purposes of this Act, notwithstanding that, apart from this subsection, it would have no power or capacity to give that consent.

(2)  Nothing in this Act entitles the owner of any land to give any consent for the doing of anything in relation to that land in derogation of the estate of any other person in occupation of that land without the consent of that other person.

48A.   Assistance to officers

[Section 48A Inserted by No. 62 of 1977, s. 18 ]

(1)  Where a person has been requested to assist an officer carrying out his duties under this Act and is willing to do so, no person shall, either directly or indirectly, prevent, dissuade, hinder, impede, or obstruct that person from assisting that officer or from proceeding to a place for the purpose of assisting that officer.

(2)  [Section 48A Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]In this section,

officer means the Director, a person employed in the Department or a ranger.

48B.   Compensation for injury or death occurring in the course of official duty, &c.

[Section 48B Inserted by No. 62 of 1977, s. 18 ][Section 48B Subsection (1) amended by No. 42 of 1996, s. 3 and Sched. 1 ]

(1)  [Section 48B Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]If –

(a) a ranger is killed or suffers personal injury in the course of carrying out official duties or dies as a result of personal injury so suffered; or

(b) a person (not being an officer) is killed or suffers personal injury in the course of assisting an officer carrying out official duties under the supervision of that officer, or dies as a result of personal injury so suffered –

and that ranger or other person is not, or as the case may be, his dependants are not, entitled to compensation under the Workers Rehabilitation and Compensation Act 1988 in respect of the injury to or death of the ranger or other person, that ranger or other person is, or in the case of his death, his dependants are, entitled to compensation as provided in this section.

(2)  A ranger or other person shall be deemed to be carrying out official duties –

(a) when he is carrying out any duties or exercising any powers conferred on him by this Act; or

(b) while he is travelling in either direction between his place of residence or place of employment and the place at which those duties are being, are to be, or have been, carried out.

(3)  A person shall be deemed to be assisting an officer carrying out official duties while he is travelling in either direction between his place of residence or place of employment and the place at which those duties are being, are to be, or have been, carried out.

(4)  Subject to subsection (5) , the compensation payable to a ranger or other person under this section shall be such amount as the Governor, on the recommendation of the Director, may determine.

(5)  [Section 48B Subsection (5) substituted by No. 42 of 1996, s. 3 and Sched. 1 ]Compensation under this section is to be calculated in accordance with the Workers Rehabilitation and Compensation Act 1988 .

(6)  A ranger or other person by whom, or on whose behalf, compensation under this section is claimed shall, if so required by the Director, submit to the Director such evidence in support of his claim, and such medical certificates, as the Director may require, and such other information, if any, as may be prescribed.

(7)  The compensation payable to a ranger or other person under this section shall be defrayed out of moneys to be provided by Parliament for the purpose.

(8)  [Section 48B Subsection (8) amended by No. 42 of 1996, s. 3 and Sched. 1 ]In this section –

dependants has the same meaning as it has in the Workers Rehabilitation and Compensation Act 1988 ;

officer has the same meaning as it has in section 48A .

49.   Gifts for conservation purposes

(1)  Where any money or other property is given, devised, or bequeathed for any conservation purpose, that money, and the proceeds of the realization of that property, may be paid into a trust account established under Part IV of the Public Account Act 1957 , and the moneys for the time being standing to the credit of that account shall not be applied otherwise than for that purpose.

(2)  Any interest arising from the investment of moneys paid into a trust account established pursuant to this section shall be paid into that account.

(3)  Nothing in this section prejudices or affects the operation of any trust to which any money or other property is subject.

49A.   Aboriginal cultural activities on Aboriginal land

[Section 49A Inserted by No. 98 of 1995, s. 42 and Sched. 5 ]

(1)  Nothing in this Act precludes an Aboriginal cultural activity by an Aboriginal person on Aboriginal land, within the meaning of the Aboriginal Lands Act 1995 , so long as that activity is, in the opinion of the Minister, not likely to have a detrimental effect on fauna and flora and is consistent with this Act.

(2)  In this section –

Aboriginal cultural activity means the activity of hunting, fishing or gathering undertaken by an Aboriginal person for his or her personal use based on Aboriginal custom of Tasmania as passed down to that Aboriginal person;

Aboriginal person has the same meaning as in the Aboriginal Lands Act 1995 .

50.   Expenses of Act

(1)  [Section 50 Subsection (1) amended by No. 62 of 1977, s. 20 and Sched. 1 ]Except as otherwise expressly provided therein, all moneys received by, or on behalf of, the Minister, the Minister for Crown Lands, or the Director under this Act shall be paid into the Consolidated Fund, and the expenses incurred in the administration of this Act shall be defrayed out of moneys provided by Parliament for the purpose.

(2)  In accordance with Part IV of the Public Account Act 1957 trust accounts may be established with respect to specified reserved lands of which the Director is, pursuant to section 22 (1) , the managing authority; and any such account is referred to in this section as a "special local account".

(3)  Except as the Treasurer may otherwise direct, there shall be paid into a special local account established in respect of any reserved lands –

(a) all moneys received by, or on behalf of, the Director in the exercise of his functions as managing authority for those lands; and

(b) all moneys received by way of rent, or otherwise, in respect of leases or licences granted under section 26 in respect of those lands.

(4)  Except as the Treasurer may otherwise direct, the moneys for the time being standing to the credit of a special local account established in respect of any reserved lands shall be applied, as the Director may determine, in meeting expenses incurred by him in the exercise of his functions as managing authority for those lands.

50A.   Delegation by Director

[Section 50A Inserted by No. 10 of 1989, s. 8 ]

(1)  [Section 50A Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Director may, by written instrument, delegate any of his powers or duties under this Act (except this power of delegation) to a State Service officer or State Service employee employed in the Agency, within the meaning of the State Service Act 2000 , administering this Act.

(2)  A delegation under subsection (1) is revocable at will and does not prevent the exercise by the Director of any power or duty so delegated.

50B.   Delegation by Minister

[Section 50B Inserted by No. 1 of 2000, s. 16, Applied:28 Apr 2000] Subject to section 25K and section 26(7) , the Minister may delegate to any person any of the Minister's powers or duties under this Act, except this power of delegation.

51.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Nothing in the regulations made for the purposes of this Act prohibits the doing of anything required to be done for the purposes of complying with any other Act.

(3)  [Section 51 Subsection (3) inserted by No. 20 of 1991, s. 5 ]Without limiting the generality of subsection (1) regulations made under this subsection may –

(a) make provision for or with respect to –

(i) the payment and collection of fees by any person in relation to any act, matter or thing done or arising under this Act; and

(ii) the remission of, or exemption from liability for, any such fees; and

(b) be of general or specially limited application; and

(c) authorize any act, matter or thing in relation to which they may be made to be from time to time determined, applied or regulated by such person as is there specified for the purpose, being the Minister, the Director or another person performing duties under this Act.

52.   Consequential amendments

The Acts that are specified in Part II of Schedule 1 are amended as respectively specified in that Schedule.

53.   Transitory provisions

(1)  The provisions set out in Schedule 2 have effect for the purposes of the transition to the provisions of this Act from the law in force before the commencement of this Act.

(2)  A licence or an agreement for a licence purportedly entered into under section 25B of this Act between 18 April 1984 and the day on which the National Parks and Wildlife Amendment (Business Licences) Act 1995 commences is taken to be a business licence under this Act.

(3)  A lease of, or licence to occupy, reserved land that is Crown land, or an agreement for such a lease or licence, purportedly entered into under section 26 of this Act between 1 November 1971 and the day on which the National Parks and Wildlife Amendment (Business Licences) Act 1995 commences is taken to be a lease or licence to occupy under this Act.

(4)  A proclamation made under section 14 (1) of this Act before the commencement of the National Parks and Wildlife Act 1977 in which a name is given to land declared to be a conservation area by that proclamation is to be taken to have been made as if the provisions of section 14 (1A) of this Act had then been in force.

(5)  A proclamation made under section 15 (1) of this Act before the commencement of the National Parks and Wildlife Act 1977 in which a prescribed name is given to an area of land declared to be a State reserve by that proclamation is to be taken to have been made as if section 15 of this Act had then authorised the proclamation to give the prescribed name to that State reserve.

(6)  In subsection (5) , prescribed name means a name that includes one of the expressions specified in section 15B (2) of this Act as inserted therein by the National Parks and Wildlife Act 1977 .

(7)  Subject to subsection (8) , where at the commencement of the National Parks and Wildlife Act 1977 land that is, or forms part of, a conservation area is a private reserve within the meaning of this Act, the Minister is, as soon as practicable after that commencement, to cause to be registered in accordance with section 16A (4) of this Act the proclamation under section 14 (1) of this Act by virtue of which that land is, or forms part of, a conservation area.

(8)  The Minister is not required to comply with subsection (7) in relation to a proclamation referred to in that subsection if, at the time when, apart from this subsection, the Minister would be required to cause the proclamation to be registered as provided in that subsection, the relevant land has ceased to be, or form part of, a conservation area pursuant to a proclamation under section 16 (1) of this Act.

(9)  The Minister is not required to comply with section 16A (3) of this Act in relation to a proclamation under section 16 (1) of this Act referred to in subsection (8) .

SCHEDULE 1

Sections 2 and 52

PART I - Acts Repealed

SCHEDULE 2 - Transitory Provisions

Section 53

PART I - General

1.   On the commencement of this Act, the following areas of land become conservation areas, that is to say:

(a) the areas of land that, immediately before that commencement, were Crown reserves or sanctuaries within the meaning of the Animals and Birds Protection Act 1928 ;

(b) the areas that, immediately before that commencement, were districts declared under section 6 (1) (c) of that Act ;

(c) the areas of any lands that, immediately before that commencement, were reserves within the meaning of the Scenery Preservation Act 1915 –

and shall be deemed so to have become by virtue of the provisions of section 14 .

2.   On the commencement of this Act, the areas of the lands referred to in paragraph 1 (c) become State reserves, and shall be deemed so to have become by virtue of the provisions of section 15 .

3.   All moneys that, immediately before the commencement of this Act, stood to the credit of the Animals and Birds Protection Board Account shall be paid into the Consolidated Revenue; and section 26 of the Animals and Birds Protection Act 1928 continues to apply to any moneys due at that commencement, to be paid to, or to any person on behalf of, the Animals and Birds Protection Board, as if this Act had not been enacted.

4.   Subject to this Act, all rights, obligations, and liabilities of the Animals and Birds Protection Board and of the Scenery Preservation Board subsisting at the commencement of this Act are transferred to and vest in the Director; but nothing in this paragraph shall be construed as authorizing or requiring the Director to employ any person.

PART II - Transference of officers

1.   In this Part, unless the contrary intention appears –

Board means the Public Service Appeal Board;

Commissioner means the Public Service Commissioner;

former authority means the Animals and Birds Protection Board or the Scenery Preservation Board.

2.   

(1) Any person who, immediately before the commencement of this Act, was in the employment of a former authority becomes on that commencement an officer of the Public Service in a classification determined by the Public Service Commissioner, being a classification the remuneration and conditions of service attached to which substantially correspond to those which attached to his employment with that authority.

(2) Subparagraph (1) does not apply to persons whose employment with a former authority immediately before the commencement of this Act was of a temporary nature, but, subject to subparagraph (3) , such a person shall be deemed to have been appointed on that commencement a temporary employee under the Public Service Act 1923 .

(3) The foregoing provisions of this paragraph do not apply to persons who, immediately before the commencement of this Act, were not being employed full-time by a former authority, and any such person shall on that commencement be deemed to have become employed under section 7 (2) on the like terms and conditions as he was employed by that authority immediately before that commencement.

(4) For the purpose of giving effect to the foregoing provisions of this paragraph, the Public Service Commissioner shall determine –

(a) whether, for the purposes of subparagraph (1) , a classification is a classification the remuneration and conditions of service attached to which substantially correspond to those which attached to any particular employment with a former authority;

(b) whether any employment with such an authority was of a temporary nature; and

(c) whether any employment with such an authority was not in a full-time capacity –

and, subject to the following provisions of this paragraph, a determination of the Commissioner under this paragraph is final.

(5) Any person who is aggrieved by a determination of the Commissioner under subparagraph (4) in his case may appeal to the Board and the Board, unless it dismisses the appeal, may substitute, for that determination any other determination that it is satisfied that the Commissioner should have made in respect of that person under that paragraph, and any determination so substituted has effect as a determination of the Commissioner in place of the determination in respect of which the appeal is made.

(6) Section 33A (5) , (6) , (8) , (8A) , (9) , and (12) of the Public Service Act 1923 apply in respect of appeals under this paragraph as they apply in respect of appeals under that section, except that a notice of appeal may be lodged with the Commissioner at any time before the expiration of one month commencing on the commencement of this Act or the day on which the appellant was notified of the determination in respect of which the appeal was made, whichever is the later.

(7) In the making of a determination under this paragraph there shall be disregarded and treated as of no effect any decision or determination of a former authority in so far as it appears to have been made to secure to any person any undue advantage under this paragraph.

(8) Any person who becomes an officer of, or temporarily employed in, the Public Service pursuant to this paragraph shall be deemed, on so becoming, to become an officer of the National Parks and Wildlife Service.

3.   

(1) For the purpose of determining the rights of any person under the Public Service Act 1923 the service of that person in the employment of a former authority that terminated on his being appointed Director or on his becoming an officer of, or temporarily employed in, the Public Service under this Act shall be treated as service of a similar nature in the Public Service, and any leave of absence (not being long service leave or leave of absence of a similar nature) granted during that employment for any purpose shall, as far as practicable, be treated as leave of absence for the like purpose granted under that Act.

(2) For the purpose of determining the rights of any person under the Long Service Leave (State Employees) Act 1994 each former authority shall be treated as a State authority within the meaning of that Act, and any long service leave, or leave in the nature of long service leave, granted to an employee of a former authority, and any payment in lieu of the granting of any such leave made to such an employee by such an authority, shall, for the purposes of that Act, be treated as having been granted or paid thereunder in respect of service with that authority.

(3) Nothing in subparagraph (2) authorizes or requires any payment to be made to any person in respect of the termination of his employment (whether by death or otherwise) with a former authority or authorizes or requires any such authority to grant leave of absence to any person.

4.   Where arrangements have been made by a former authority for the provision of superannuation or similar benefits to or in respect of any person who was in the employment of that authority and that person becomes the Director or becomes an officer of the Public Service pursuant to this Part, the Treasurer, on the application of that person, may approve those arrangements, either with or without modification, and may, subject to such conditions as he may specify in giving that approval, make such contributions or other payments as may be provided for in that behalf in the arrangements as so approved.

4A.   A person in respect of whom arrangements are approved under paragraph 4 of this Part shall be deemed not to be an employee within the meaning of the Retirement Benefits Act 1993 .

4B.   Notwithstanding anything in the Retirement Benefits Act 1993 no contributions shall be deducted from the salary of any person who –

(a) notifies the Retirement Benefits Fund Board that he intends to make an application to the Treasurer for the approval of the arrangements referred to in paragraph 4 of this Part; and

(b) makes that application within one month of so notifying the Board of his intention so to do –

unless, on that application, the Treasurer refuses to approve those arrangements under that paragraph.

5.   Where the Commissioner is satisfied that immediately before the commencement ofthis Act an officer of the Public Service was wholly or mainly engaged in carrying out duties in the exercise of the functions of a former authority he may direct that on that day that officer becomes an officer of the National Parks and Wildlife Service.

SCHEDULE 3 - Determination of class of reserved land

Sections 3 and 15

SCHEDULE 4 - Objectives for management of reserved land

Section 3 and Part IV

SCHEDULE 5 - Objectives of the resource management and planning system of Tasmania

Section 3

1.   The objectives of the resource management and planning system of Tasmania are –

(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and

(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and

(c) to encourage public involvement in resource management and planning; and

(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and

(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

2.   In item 1(a) ,

sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

SCHEDULE 6 - Registration of Proclamations Referred to in Section 16A

Section 16A

1.   

(1) A proclamation required to be registered under section 16A (1) is to be so registered by lodging with the Recorder –

(a) a copy of the proclamation; and

(b) particulars of the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.

(2) Where a proclamation has been lodged under subclause (1) , the Recorder is to record the proclamation on the folio of the Register constituting the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.

2.   

(1) Where the whole or any part of the land referred to in clause 1(1)(b) is not under the Land Titles Act 1980 , the Recorder is to bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act .

(2) Where part only of the land referred to in clause 1(1)(b) to which a proclamation relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder is to issue a consolidated title to the whole of the land and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.

(3) The Recorder is not bound, for the purposes of subclause (1) , to investigate the title to any land.

3.   

(1) A proclamation required to be registered under subsection (2) or subsection (3) of section 16A  –

(a) is to contain particulars of the title to the area of the private sanctuary or private nature reserve –

(i) to which it relates, in the case of a proclamation required to be registered under subsection (2) of that section; or

(ii) ceasing to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve by virtue of the proclamation, in any other case; and

(b) is to be so registered by lodging with the Recorder a copy of the proclamation.

(2) Where a proclamation has been lodged under subclause (1) , the Recorder is to record on the folio of the Register constituting the title to the area of the private sanctuary or private nature reserve to which the proclamation relates –

(a) particulars of the alteration or name contained in the proclamation, in the case of a proclamation required to be registered under section 16A (2) ; or

(b) a statement that that area of land has ceased to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve declared by the proclamation previously registered in respect of that land, in any other case.

4.   A fee is not payable in respect of the registration of a proclamation in accordance with this Schedule.

5.   In this Schedule,

Register has the same meaning as it has in the Land Titles Act 1980.

SCHEDULE 7 - Provisions with respect to membership and meetings of a Conservation Management Trust

Section 23C

1.   Interpretation

In this Schedule,

Trust means a Conservation Management Trust established under section 23A .

2.   Terms and conditions of office of members of Trust

(1) A member of a Trust –

(a) is to be appointed for such period as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and

(b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and

(c) may at any time resign his or her office by notice in writing addressed and delivered to the Minister.

(2) The terms and conditions of office of a member of a Trust, with respect to matters not provided for in this Schedule, are as determined by the Minister.

3.   Change of name of body which member of Trust represents

If the body referred to in paragraph (f) of section 23C(1) changes its name to another name or ceases to exist under the name referred to in that paragraph, the Minister may, by order, amend that paragraph –

(a) by substituting for the name of the body that other name; or

(b) by substituting for the name of that body the name of some other body which he or she is satisfied represents substantially the same interests as those represented by the first-mentioned body.

4.   Appointment of substitute to act during absence of member of Trust

If a member of a Trust is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member of the Trust to act in the place of that member during that period.

5.   Convening of meetings

Meetings of a Trust may be convened by the chairperson of the Trust or by any 2 or more members of the Trust.

6.   Quorum

Five members of a Trust constitute a quorum of the Trust.

7.   Presiding at meetings

(1) The chairperson of a Trust is to preside at all meetings of the Trust at which he or she is present.

(2) If the chairperson of a Trust is not present at a meeting of the Trust, a member of the Trust elected by the members present is to preside at that meeting.

8.   Decision of meeting

A decision carried by a majority of the votes of the members present at a meeting of a Trust is to be a decision of the Trust.

9.   Power of Trust to regulate its own procedure

Subject to this Schedule, the procedure for the calling of meetings of a Trust and for the conduct of business at those meetings is to be as determined by the Trust.