National Parks and Wildlife Amendment Act 2000 (TAS)

National Parks and Wildlife Amendment Act 2000

An Act to amend the National Parks and Wildlife Act 1970 and the Regional Forest Agreement (Land Classification) Act 1998

[Royal Assent 28 April 2000]

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:

1Short titleThis Act may be cited as the National Parks and Wildlife Amendment Act 2000 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the National Parks and Wildlife Act 1970 is referred to as the Principal Act. 4Section 10 amended (Constitution of the Council) Section 10 of the Principal Act is amended as follows: (a) by omitting subsection (5) and substituting the following subsection: (5)  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. (b) by inserting in subsection (13) "and the other members" after "The chairperson". 5Section 15B amended (Parliamentary approval required for certain draft proclamations) Section 15B of the Principal Act is amended as follows: (a) by omitting from subsection (3)(b) "15" and substituting "5"; (b) by omitting from subsection (3)(c) "15" and substituting "5"; (c) by omitting subsection (4) . 6Section 22 amended (Managing authorities for reserves) Section 22(2A) of the Principal Act is amended by omitting "class of reserved land" and substituting "reserved land in a class". 7Section 29 amended (Regulations with respect to reserved lands) Section 29(1)(da) of the Principal Act is amended by inserting ", conservation area or regional reserve" after "reserve". 8Section 35 amended (Special permits to take wildlife) Section 35(2)(b) of the Principal Act is amended by inserting "reserved" after "of any". 9Section 37 amended (Prohibition on introduction of certain creatures and animals) Section 37 of the Principal Act is amended as follows: (a) by inserting the following penalty after subsection (1) :

Penalty:  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.

(b) by inserting the following penalty after subsection (3) :

Penalty:  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.

(c) by omitting from subsection (6) "Any" and substituting "Unless otherwise specified, any". 10Section 37A amended (Interpretation of Part) Section 37A of the Principal Act is amended by inserting after the definition of arbitrator the following definition: authorised person means a person authorised by the Minister under section 37J(1) ; 11Section 37B amended (Minister may enter into conservation covenants) Section 37B of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (b) in subsection (2) : (ba) provisions requiring the repayment of money; and (b) by inserting the following subsection after subsection (2) : (3)  A conservation covenant may be a restrictive covenant or a positive covenant. 12Section 37G amended (Conservation covenants) Section 37G(5) of the Principal Act is amended by omitting ", in consultation with the Minister,". 13Section 37H amended (Registration of conservation covenants) Section 37H of the Principal Act is amended by omitting subsection (2) and substituting the following subsections: (1A)  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)  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)  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. 14Section 37I amended (Recorder may require plan to be deposited) Section 37I(1) of the Principal Act is amended by inserting "or to which a management plan relates" after "covenant". 15Section 37J amended (Power to inspect land subject to conservation covenant) Section 37J of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  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 . (b) by omitting from subsection (2) "authorized employee" and substituting "authorised person"; (c) by inserting the following subsections after subsection (2) : (3)  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)  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)  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. 16Section 50B insertedAfter section 50A of the Principal Act , the following section is inserted in Part VII: 50BDelegation by Minister 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. 17Schedule 3 amended (Determination of class of reserved land)Item 2 of Schedule 3 to the Principal Act is amended by omitting "(b)" second occurring in Column 3 and substituting "(c)". 18Schedule 4 amended (Objectives for management of reserved land) Schedule 4 to the Principal Act is amended as follows: (a) by inserting ", including as an adjunct to utilisation of marine resources" after "resources" in paragraph (e) of item 5 in the table ; (b) by omitting "subject to appropriate controls" from paragraph (f) of item 5 in the table ; (c) by omitting paragraph (h) from item 5 and substituting the following:

(h) to provide for other commercial or industrial uses of coastal areas;

(d) by inserting "(including private uses)" after "enjoyment" in paragraph (l) of item 5 in the table ; (e) by omitting "subject to appropriate controls" from paragraph (j) of item 6 in the table ; (f) by omitting "on a small scale" from paragraph (b) of item 7 in the table . 19Regional Forest Agreement (Land Classification) Act 1998 amended Schedule 7 to the Regional Forest Agreement (Land Classification) Act 1998 is amended by omitting item 23 and substituting:

23.  Tasman National Park 8 275 4215

[Second reading presentation speech made in:

House of Assembly on 2 DECEMBER 1999

Legislative Council on 5 APRIL 2000]