Port Arthur Historic Site Management Authority Act 1987

Port Arthur Historic Site Management Authority Act 1987

An Act to provide for the establishment of an authority for the management of the Port Arthur historic site and land appurtenant thereto, to prescribe the functions and powers of the Authority, and to provide for related 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

This Act may be cited as the Port Arthur Historic Site Management Authority Act 1987 .

2.   Commencement

(1)  This section and section 1 shall commence on the day on which this Act receives the Royal assent.

(2)  Except as provided in subsection (1) , this Act shall commence on a day to be fixed by proclamation.

3.   Interpretation

[Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 3 Subsection (1) amended by No. 5 of 1989, s. 4 ]In this Act, unless the contrary intention appears –

adjacent area means –

(a) the parcel of Crown land at Garden Point, near Port Arthur, delineated and enclosed by a thick black line on Plan No. L.D. 940, a reduced copy of which is set out in Part III of Schedule 1 ; and

(b) the parcel of land at Port Arthur more particularly described in Certificate of Title Volume 3670 Folio 68 and delineated and enclosed by a thick black line on Plan No. L.D. 947, a reduced copy of which is set out in Part IV of Schedule 1 –

together with any land that, by virtue of subsection (2) of section 12 , is to be taken to form part of the adjacent area but excluding any land that, by virtue of that subsection, is to be taken to have been excised from it;

the Authority means the Port Arthur Historic Site Management Authority established under section 4 ;

commencing day means the day fixed by proclamation under section 2 (2) ;

employee means –

(a) the chief executive officer, within the meaning of the Government Business Enterprises Act 1995 ; and

(b) an employee, within the meaning of the Government Business Enterprises Act 1995 ;

functions includes duties;

historic site means the several parcels of Crown land at Port Arthur comprising –

(a) the 3 parcels each delineated and enclosed by a thick black line on Plan No. L.D. 943, a reduced copy of which is set out in Part I of Schedule 1 ; and

(b) the 2 parcels delineated and shown diagonally hatched on Plan No. L.D. 942, a reduced copy of which is set out in Part II of Schedule 1 –

together with any land that, by virtue of subsection (2) of section 12 , is to be taken to form part of the historic site but excluding any land that, by virtue of that subsection, is to be taken to have been excised from it;

[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] Management Plan means the management plan in force on the day immediately preceding the commencing day under section 19 of the National Parks and Wildlife Act 1970 in respect of the pre-existing reserve and, subject to this Act, that management plan as modified from time to time and any management plan from time to time adopted under that Act or the National Parks and Reserves Management Act 2002 in substitution for that management plan;

municipality means the council of the municipal area of Tasman;

pre-existing reserve means the Crown land comprising the State reserves that, on the day immediately preceding the commencing day, were collectively known, by virtue of a proclamation made under section 15A (b) of the National Parks and Wildlife Act 1970 , as the Port Arthur Historic Site;

subject land means the land comprising –

(a) the historic site; and

(b) the adjacent area.

(2)  [Section 3 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]A reference in subsection (1) to a plan by number is a reference to the plan so numbered in the official plan collection of the responsible Department in relation to the Survey Co-ordination Act 1944 .

3A.   Designation of historic site and adjacent area

[Section 3A Inserted by No. 5 of 1989, s. 5 ]The historic site and the adjacent area may be respectively referred to, for all purposes, as –

(a) the Port Arthur Historic Site; and

(b) the Port Arthur Historic Site Adjacent Area.

PART II - Port Arthur Historic Site Management Authority

4.   Constitution of Authority

[Section 4 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]There is established the Port Arthur Historic Site Management Authority.

5.   

[Section 5 Amended by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

6.   Effect to be given to Management Plan

(1)  [Section 6 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In the performance of its functions and the exercise of its powers the Authority must give effect, as far as practicable, to the Management Plan.

(2)  .  .  .  .  .  .  .  .  

7.   Functions of Authority

[Section 7 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 7 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The functions of the Authority are to occupy, and provide for the care, control, management, maintenance, and improvement of, the subject land.

(2)  [Section 7 Subsection (2) amended by No. 5 of 1989, s. 7 ]In the performance of its functions and the exercise of its powers, the Authority shall –

(a) ensure the preservation and maintenance of the historic site as an example of a major British convict settlement and penal institution of the 19th century; and

(b) co-ordinate archaeological activities on the historic site; and

(c) promote an understanding of the historical and archaeological importance of the historic site; and

(d) consistently with the Management Plan, promote the historic site as a tourist destination; and

(e) provide adequate facilities for visitor use; and

(f) use its best endeavours to secure financial assistance, by way of grants, sponsorship, and other means, for the carrying out of its functions.

(g) .  .  .  .  .  .  .  .  

8.   Powers of Authority

[Section 8 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 8 Subsection (1) amended by No. 5 of 1989, s. 8 ]Without limiting the generality of its powers as specified in section 9 of the Government Business Enterprises Act 1995 , the Authority may –

(a) permit the use of any part of the subject land (including the interior of any of its buildings) for –

(i) the taking of photographs, the making of films and sound recordings, and the production of radio or television programme material; or

(ii) the conduct of religious, educational, social, or cultural functions, of events connected with State occasions, or of charitable or other promotional activities;

(b) obtain, by way of purchase, hire, gift, or loan, from sources within and outside Tasmania, materials (including, in particular, relics, documents, and artefacts) relating to Port Arthur and its historical context;

(c) exhibit and make available materials of the kind referred to in paragraph (b) for display by other persons and for use by other persons in the making of films, video materials, photographs, and other educational or promotional materials;

(d) dispose of materials of the kind referred to in paragraphs (b) and (c) , by way of sale, hire, gift, loan, or exchange;

(e) consistently with the Management Plan, erect, modify, repair, remove, or demolish buildings and structures on the subject land;

(f) construct, maintain, and eliminate roads and paths on the subject land;

(g) provide and maintain water supply, sewerage, drainage, and other services on the subject land and in its vicinity;

(h) provide accommodation, food and other refreshments, and other facilities and conveniences for the use and benefit of –

(i) persons resorting to the subject land; and

(ii) employees of the Authority –

and authorize the provision of those services by other persons;

(i) [Section 8 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] notwithstanding the National Parks and Reserves Management Act 2002 and the Nature Conservation Act 2002 but subject to subsection (2) –

(i) grant leases and licences to occupy any part of the subject land or of any building erected on the subject land; and

(ii) accept leases and licences to occupy land and buildings;

(j) sell or let on hire to, or otherwise provide for the use of, persons resorting to the historic site equipment and other goods;

(k) enter into arrangements with the municipality in relation to the control of land use and building activities on the subject land and in its vicinity;

(l) levy and collect fees and charges in relation to any of the foregoing matters, including, in particular, charges for admission to the historic site and any of its buildings and for the provision of services; and

(m) impose such terms and conditions as it thinks fit in relation to the exercise by it of any of the foregoing powers.

(n) .  .  .  .  .  .  .  .  

(o) .  .  .  .  .  .  .  .  

(p) .  .  .  .  .  .  .  .  

(2)  [Section 8 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to subsection (3) , in the exercise of the power conferred by subsection 1 (i) , the Authority is to exercise the authorities conferred by the Crown Lands Act 1976 on the Minister.

(3)  [Section 8 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding any other provision of this Act or the Government Business Enterprises Act 1995 , the Authority shall not, except with the consent of the Minister, grant a lease or licence in respect of the subject land for a period of more than 5 years.

9.   

[Section 9 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

10.   

[Section 10 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

11.   

[Section 11 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART III - Administration of the Historic Site and Adjacent Area

12.   Co-ordination of administration with requirements of Nature Conservation Act 2002

(1)  Subject to this section and clause 5 of Schedule 5 , nothing in this Act shall be taken to affect –

(a) [Section 12 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] the status under Part 3 of the Nature Conservation Act 2002 of any part of the subject land; or

(b) [Section 12 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 12 Subsection (1) amended by No. 17 of 2017, s. 12, Applied:16 Aug 2017] the powers conferred on the Minister and on the Director of National Parks and Wildlife by the National Parks and Reserves Management Act 2002 and the Aboriginal Heritage Act 1975 with respect to matters relating to fauna, flora and Aboriginal sites and relics.

(2)  [Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] Subject to subsection (3) , the Governor may–

(a) [Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] in a proclamation made under Part 3 of the Nature Conservation Act 2002 declaring land to be reserved land, declare the whole or part of that land –

(i) [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] to form part of the historic site if it is in the class of historic site within the meaning of that Act; or

(ii) [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] to form part of the adjacent area if it is in any other class referred to in that Act; and

(b) [Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] by proclamation under that Act, cause any part of the historic site or of the adjacent area to cease to be, or form part of, reserved land as defined in that Act; and

(c) [Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] by proclamation under that Act and with the consent of the Minister administering the National Parks and Reserves Management Act 2002 declare the whole or part of any existing reserved land as defined in the Nature Conservation Act 2002  –

(i) to form part of the historic site; or

(ii) to form part of the adjacent area; and

(d) [Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] by proclamation declare the whole or part of the historic site or adjacent area –

(i) [Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] to be reserved land as defined in the Nature Conservation Act 2002 in any class as defined in that Act; and

(ii) to be outside the control of the Authority.

(3)  [Section 12 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] The Governor shall not make a proclamation under Part 3 of the Nature Conservation Act 2002 altering or otherwise affecting the status of any part of the subject land unless the Minister administering that Act has first obtained from the Authority, and communicated to him, the views of the Authority in relation to the changes proposed to be affected by the proclamation.

(4)  [Section 12 Subsection (4) substituted by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] Sections 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28(1), 34, 35, 36 and 55 of the National Parks and Reserves Management Act 2002 and section 24 of the Nature Conservation Act 2002 and the Management Plan apply in relation to the subject land as if any references in them to the Director of National Parks and Wildlife were references to the Authority.

13.   Consultation by municipality with Authority

[Section 13 Amended by No. 30 of 1995, s. 3 and Sched. 1 ]The municipality shall consult, and take into account the views of, the Authority in relation to any application lodged with the municipality in relation to any proposed building works or development on, or subdivision of, any land within the municipal area that does not form part of the subject land, being building works or development, or subdivision, that may affect the amenity of the subject land.

14.   Adoption of emblem for use by Authority

(1)  The Authority may, by by-law under section 34 , determine an emblem to be adopted for use by the Authority.

(2)  A person who, without the permission of the Authority –

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

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

the emblem referred to in subsection (1) , is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 penalty unit.

15.   Commercial activities otherwise than in accordance with approval of Authority

(1)  A person who, otherwise than in accordance with permission granted by the Authority –

(a) sells or hires, or offers for sale or hire, goods of any description; or

(b) provides or offers to provide, for reward, accommodation or other services –

on the subject land is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(2)  A person who is convicted under subsection (1) in respect of a continuing offence –

(a) is liable, in addition to the penalty otherwise applicable to that offence, to a fine for each day during which the offence continued of not more than 0·5 penalty units; and

(b) if the conduct constituting the offence continues after the person is convicted, is guilty of a further offence against subsection (1) and is liable on summary conviction for that further offence, in addition to the penalty otherwise applicable to that further offence, to a fine for each day during which the offence continued after that conviction of not more than 0·5 penalty units.

16.   Damage to, and removal of, property, &c.

A person who, without the approval of the Authority –

(a) removes any flora or timber from the subject land;

(b) damages any relic, artefact, building or other structure, flora, or timber on the subject land; or

(c) removes from the subject land –

(i) any relic, document, or artefact;

(ii) any portion of a building or structure erected on the subject land; or

(iii) any building material –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

17.   Lighting of fires

(1)  The Authority may display signs or notices on the subject land designating the places in which the lighting of fires is permitted and giving directions as to the precautions to be observed in connection with the lighting of fires in those places.

(2)  A person who –

(a) in lighting a fire in a place referred to in subsection (1) , contravenes or fails to comply with a prohibition or restriction, or other direction, contained in a sign or notice displayed in pursuance of that subsection; or

(b) lights a fire in a place on the subject land other than a place referred to in subsection (1) except with the written permission, and in accordance with the directions, of the Authority –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.

18.   Other offences

A person who –

(a) otherwise than on payment of the appropriate charge or with the approval of the Authority enters the historic site;

(b) brings onto the historic site any metal-detecting device; or

(c) brings onto the subject land any firearm, crossbow, or other weapon –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

19.   Power to require offenders to disclose identity and leave subject land

(1)  Where an employee has reasonable grounds for believing that a person has committed, or is committing, an offence against this Act, he may –

(a) require that person to state his name and the address of his place of abode; and

(b) require that person to leave, and to remove his possessions from, the subject land.

(2)  A person who –

(a) 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 and address that is false; or

(b) when required under this section to leave, and remove his possessions from, the subject land, fails to do so, or does not do so with reasonable expedition –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.

20.   Powers of seizure

(1)  Where an employee has reasonable grounds for believing that an offence has been committed under this Act with respect to the removal from, or the bringing onto, the subject land of any article, he may seize that article and, subject to the directions of the Authority, 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 the article was seized.

(2)  Where an article, not being the property of the Crown or of the Authority, has been seized from any person under this section 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 (1) to retain it ceases.

(3)  A person who, when required under subsection (1) to do so by an employee, refuses to deliver to that employee an article that the employee is entitled to seize under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.

21.   Evidence as to extent of subject land

In any proceedings for an offence under this Act, any place specified in the complaint as being within the subject land, or within the historic site or the adjacent area, shall be deemed, in the absence of proof to the contrary, to be within the subject land, or within the historic site or adjacent area, as the case requires.

PART IV - Financial - .  .  .  .  .  .  .  .  

[Part IV  Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

21A.   

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22.   

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23.   

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24.   

[Section 24 Repealed by No. 40 of 1991, s. 75 ].  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 40 of 1991, s. 75 ].  .  .  .  .  .  .  .  

26.   

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27.   

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28.   

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30.   

[Section 30 Repealed by No. 40 of 1991, s. 77 ].  .  .  .  .  .  .  .  

PART V - Miscellaneous and Supplemental

31.   

[Section 31 Repealed by No. 40 of 1991, s. 77 ].  .  .  .  .  .  .  .  

32.   Appropriation of fines, &c.

All fines and penalties enforced or recovered under this Act shall be paid to the Authority.

33.   Recovery of fees or charges

[Section 33 Amended by No. 5 of 1989, s. 15 ][Section 33 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]Any fees or charges payable to the Authority under this Act may be recovered by the Authority as a debt or liquidated demand in a court of competent jurisdiction.

34.   By-laws

(1)  The Authority may make by-laws for the purposes of this Act.

(2)  [Section 34 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Without limiting the generality of subsection (1) , by-laws may be made relating to –

(a) the control and management of the subject land;

(b) .  .  .  .  .  .  .  .  

(c) .  .  .  .  .  .  .  .  

(d) the conduct of persons resorting to the subject land; and

(e) the use of the Authority's emblem.

(3)  By-laws under this section –

(a) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the by-laws, or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and

(b) may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the by-laws and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

35.   Transitional provisions

The transitional provisions set out in Schedule 5 have effect.

SCHEDULE 1 - Subject Land

Section 3

PART I - Historic Site – Mason Cove Portions

PART II - Historic Site – Point Puer Portions

PART III - Adjacent Area – Garden Point Portion

PART IV - Adjacent Area – Water-Supply Dam Site

SCHEDULE 2

[Schedule 2 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

SCHEDULE 3

[Schedule 3 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

SCHEDULE 4

[Schedule 4 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

SCHEDULE 5 - Transitional Provisions

Section 35

1.   First meeting of Authority

The first meeting of the Authority shall be convened in accordance with directions given by the Minister.

2.   Agreements, &c., to bind Authority

(1) On and after the commencing day, all agreements, contracts, leases, licences, and undertakings in relation to the subject land that were, immediately before that day, binding on the Minister or the Director of the National Parks and Wildlife Service bind the Authority, in substitution for the Minister or the Director, as the case requires.

(2) Notwithstanding anything in any other provision of this Act, where, immediately before the commencing day, proceedings to which the Minister or the Director of the National Parks and Wildlife Service was a party were pending in any court in relation to a matter arising out of the management of the pre-existing reserve or any other land forming part of the subject land, the Minister or the Director, as the case requires, continues, on and after the commencing day, as a party to those proceedings.

3.   Transfer of assets, &c.

(1) On, or as soon as practicable after, the commencing day, the Minister shall transfer, or cause to be transferred, to the Authority such of the assets owned by the State and held or used, immediately before the commencing day, in connection with the management by the Director of the National Parks and Wildlife Service of the pre-existing reserve or any other land forming part of the subject land as are, in the opinion of the Minister, appropriate to be used by the Authority in connection with the performance of its functions.

(2) The Director of the National Parks and Wildlife Service shall execute any instrument required for the purposes of subclause (1) and shall not be personally subjected to any action, liability, claim, or demand in respect of the execution in good faith of any such instrument.

(3) On the transfer to the Authority of any asset in pursuance of subclause (1) , the Authority is, by force of this clause, liable to pay, satisfy, observe, perform, and discharge the debts, liabilities, and obligations of the State in relation to that asset and is bound by any covenant or trust in relation to that asset to which the State was subject.

4.   Leases and licences

A lease or licence, in respect of land the whole or part of which forms part of the subject land, that was granted by the Minister, on behalf of the Crown, under the Crown Lands Act 1976 or under any other Act for which that Act was substituted, and had not expired on or before the day immediately preceding the commencing day shall, on and after the commencing day, be taken to have been granted, on behalf of the Crown, by the Authority.

5.   Substitution of subject land for pre-existing reserve

(1) Notwithstanding anything in the Crown Lands Act 1976 , the Local Government (Highways) Act 1982 , the National Parks and Wildlife Act 1970 , or the Roads and Jetties Act 1935 , but subject to subclause (2) –

(a) the portions of the subject land that, immediately before the commencing day, did not form part of the pre-existing reserve are, by force of this subclause, deemed, on and after that day, to have the character of State reserves for the purposes of the National Parks and Wildlife Act 1970 ;

(b) any public rights of passage existing immediately before the commencing day over any of those portions are, by force of this subclause, extinguished on and after that day;

(c) the parcels of land that, immediately before the commencing day, formed part of the pre-existing reserve but do not form part of the subject land cease, on that day, to have the character of State reserves for the purposes of the National Parks and Wildlife Act 1970 ; and

(d) the proclamation under section 15A of the National Parks and Wildlife Act 1970 that was published as Statutory Rules 1985, No. 46, is, by force of this subclause revoked with effect from the expiration of the day immediately preceding the commencing day.

(2) Subject to this Act, nothing in subclause (1) prevents the exercise, in relation to any land referred to in that subclause, of any power conferred by or under any of the Acts referred to in that subclause.

6.   Transfer of staff from State Service

(1) The Minister may, after taking into consideration any advice tendered to him by the Authority and any advice tendered to him by the Secretary, Department of Lands, Parks and Wildlife, by notice in the Gazette, specify –

(a) the offices of the State Service within the meaning of the Tasmanian State Service Act 1984 the holders of which will on the commencing day become employees of the Authority; and

(b) the temporary employees within the meaning of that Act who will, on that day, become temporary employees of the Authority –

and, on that day, notwithstanding that Act –

(c) those offices are abolished; and

(d) the persons holding those offices, and those temporary employees, are transferred to the employment of the Authority, according to the tenor of the notice.

(2) Subject to any other Act or an award made under any other Act, where a person is transferred to the employment of the Authority under subclause (1) , that person –

(a) is, in respect of that employment, entitled to the same rights and privileges as if he had continued to hold an office in the State Service; or

(b) shall be employed by the Authority on the same terms and conditions as those to which he was subject immediately before the commencing day –

as the case requires.