National Parks and Wildlife Amendment Act (No. 2) 2001 (TAS)

National Parks and Wildlife Amendment Act (No. 2) 2001

An Act to amend the National Parks and Wildlife Act 1970

[Royal Assent 29 June 2001]

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 (No. 2) 2001 . 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 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of biological diversity : building means anything built or constructed; (b) by inserting the following definition after the definition of cat : Commission means the Resource Planning and Development Commission established under section 4 of the Resource Planning and Development Commission Act 1997 ; 5Section 20 amended (Formulation of management plans) Section 20 of the Principal Act is amended as follows: (a) by inserting in subsection (2C) "or any further time the Minister allows" after "is given"; (b) by omitting subsection (2H) and substituting the following subsection: (2H)  In preparing a management plan, the Director is to have regard to the purposes of reservation and the management objectives which apply to – (a) the class of reserved land to which the land in respect of which the plan is being prepared belongs; or (b) the class of reserved land in respect of which the plan is being prepared. (c) by inserting in subsection (3) "and the Commission" after "furnish the Council"; (d) by omitting paragraph (c) from subsection (3) and substituting the following paragraphs: (c) stating that representations in relation to the plan may be made to the Director by any person or the Council before a specified date that is not earlier than 30 days after the date of publication of the notice or any further period the Minister allows; and (d) stating that the Council may make representations directly to the Minister in relation to the plan within 30 days after being furnished with a copy of the plan under this subsection or any further period the Minister allows. (e) by omitting subsections (5) , (5A) , (6) and (7) . 6Sections 20A , 20B , 20C , 20D and 20E insertedAfter section 20 of the Principal Act , the following sections are inserted in Part IV: 20AReview by Director The Director, within 30 days after the specified date referred to in section 20(3)(c) or within any further period the Minister allows, is to forward to the Commission – (a) a copy of any representation made under section 20(3)(c) ; and (b) a report containing – (i) a summary of the representations; and (ii) the Director’s opinion on the merits of the representations including whether or not he or she believes the representations to be of sufficient merit to warrant modification of the management plan; and (iii) a summary of any proposed modification to the management plan; and (iv) any additional information the Director considers relevant. 20BReview by Commission (1)  The Commission, at the direction of the Minister, is to review the copies of the representations and the report of the Director made under section 20A with reference to the management plan. (2)  The Commission, within 21 days of receipt of the copies of the representations and the report of the Director, or within any further period the Minister allows, is to decide whether or not to hold a hearing to assist in its review of the representations. (3)  If the Commission decides to hold a hearing, the Commission is to notify the Minister of that decision. (4)  If the Commission decides not to hold a hearing, the Commission, within 14 days of making that decision, is to give written notice of that decision to – (a) the Director; and (b) the Minister; and (c) any person who has made a representation under section 20(3)(c) . (5) A hearing is to be conducted in accordance with Part 3 of the Resource Planning and Development Commission Act 1997 . 20CPublic exhibition (1)  The Commission, as soon as practicable after receipt of copies of representations and the report of the Director under section 20A , is to notify by public notice – (a) the places at which copies of the representations and report are to be exhibited; and (b) the period during which they are to be exhibited; and (c) any other information the Commission considers relevant. (2)  At least one of the places referred to in subsection (1)(a) is to be near the area specified in the plan. (3)  The Director and the Commission may make available any information that may assist public consideration of the representations and the report of the Director at the places referred to in subsection (1)(a). 20DReport of Commission (1)  The Commission, within a period determined by the Minister, is to provide the Minister with – (a) a report of its review under section 20B ; and (b) copies of representations and the report of the Director forwarded under section 20A . (2)  As soon as practicable after the period referred to in subsection (1), the Commission is to publish in the Gazette notice of – (a) the making of its report; and (b) where copies of its report are available for inspection by the public. 20ESubmission of management plan (1)  The Minister is to submit a management plan to the Governor for approval after the Minister has considered – (a) the report of the Commission forwarded to the Minister under section 20D(1)(a) ; and (b) copies of the representations and the report of the Director forwarded to the Minister under section 20D(1)(b) ; and (c) any representations made by the Council under section 20(3)(d) . (2)  In considering the matters referred to in subsection (1) , the Minister is to have regard to the purposes of reservation and the management objectives which apply to – (a) the class of reserved land to which the land in respect of which the plan is being prepared belongs; or (b) the class of reserved land in respect of which the plan is being prepared. (3)  A management plan submitted for the Governor’s approval may be – (a) an unaltered plan; or (b) a plan containing any alterations the Minister thinks appropriate having regard to the matters specified in subsection (1) , other than alterations that may affect a restriction on the exercise of a statutory power included in the plan, unless those alterations were the subject of a previous consultation between the Minister and the Minister administering the Act under which that statutory power is exercised. 7Section 21 amended (Contents of management plans) Section 21(1) of the Principal Act is amended as follows: (a) by omitting paragraph (bc) and substituting the following paragraph: (bc) if the management plan relates to particular land of a single class, is to specify any or all of the management objectives which apply to land of that class as the objectives for which the land is to be managed; and (b) by omitting from paragraph (bca) "a specified class of reserved land" and substituting "particular land of a single class". 8Section 26 amended (Minister may grant leases and licences) Section 26 of the Principal Act is amended as follows: (a) by inserting in subsection (4) "within a national park, State reserve, nature reserve, game reserve or historic site unless the erection of the building is permitted under the management plan" after "on land"; (b) by inserting the following subsection after subsection (4) : (5)  The Minister is not to grant a lease or licence within a conservation area, nature recreation area or regional reserve that authorises or requires the lessee or licensee to erect a building unless the erection of that building is consistent with – (a) the management objectives for the relevant class of reserve; and (b) any applicable management plan. (c) by omitting from subsection (6) " Mining Act 1929 " and substituting " Mineral Resources Development Act 1995 ". 9Section 35A insertedAfter section 35 of the Principal Act , the following section is inserted in Part V: 35AOpen seasons for partly protected wildlife (1)  The Minister, by order, may determine the seasons, dates and places on or at which the taking of any form of partly protected wildlife may – (a) start and stop; or (b) be prohibited; or (c) be permitted. (2)  The Minister may impose any condition to an order. (3)  A person must comply with an order.

Penalty:  Fine not exceeding 50 penalty units.

10Section 45A amended (Cancellation, &c., of gun licence) Section 45A of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  In this section, firearms licence means a firearms licence as defined in the Firearms Act 1996 . (b) by omitting from subsection (2)(a) "gun licence" and substituting "firearms licence"; (c) by omitting from subsection (2)(b) "gun licence" and substituting "firearms licence"; (d) by omitting from subsection (4) "gun licence" and substituting "firearms licence"; (e) by omitting from subsection (5) "gun licence" and substituting "firearms licence". 11Section 46 amended (Forfeiture of articles, &c., on conviction) Section 46(1B) of the Principal Act is amended by omitting " subsection (2A) " and substituting "subsection (1A)". 12Section 47I amended (Proceedings in relation to motor vehicle offences) Section 47I of the Principal Act is amended by inserting after subsection (6) the following subsection: (6A)  Subsections (1) , (2) , (3) , (4) , (5) and (6) do not apply if a vehicle infringement notice is served by handing the notice to a person observed to be driving, or in charge of, the motor vehicle at the time of, or immediately following, the alleged commission of the offence. 13Schedule 3 amended (Determination of class of reserved land) Schedule 3 to the Principal Act is amended by omitting "small-scale" from item 7 and substituting "controlled".

[Second reading presentation speech made in:

House of Assembly on 23 MAY 2001

Legislative Council on 31 MAY 2001]