National Parks And Wildlife Conservation Act 1975 (Cth)
This compilation was prepared on 21 March 2000
taking into account amendments up to Act No. 156 of 1999
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
This Act may be cited as the
National Parks and Wildlife Conservation Act 1975 .
This Act shall come into operation on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
Aboriginal means a member of the Aboriginal race of Australia and includes a Torres Strait Islander.
Aboriginal land means:
(a) land situated in the Region, and in which an Aboriginal Land Trust established under the
Aboriginal Land Rights (Northern Territory) Act 1976 holds an estate in fee simple; or(b) if the Jervis Bay National Park has been declared to be Aboriginal Land under the
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 —the Jervis Bay National Park; or(c) if the Jervis Bay Botanic Gardens have been declared to be Aboriginal Land under the
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 —the Jervis Bay Botanic Gardens.
agreement includes a treaty or convention.
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
animal means any member, alive or dead, of the animal kingdom (other than man), and includes:
(a) eggs or parts of eggs; and
(b) the skin, feathers, horns, shell or any other part of an animal.
article includes a substance or a mixture of substances.
Australia includes the external Territories to which this Act extends.
Australian aircraft means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft.
Australian coastal sea means any sea or waters the sovereignty in respect of which is declared by theSeas and Submerged Lands Act 1973 to be vested in the Crown in right of the Commonwealth, but does not include any waters referred to in section 14 of that Act.
Australian fishing zone has the same meaning as in theFisheries Management Act 1991 .
Australian national means:
(a) an Australian citizen; or
(b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.
Australian National Botanic Gardens means the areas declared to be a reserve, and to which that name was assigned, by Proclamation under subsection 7(2).
Australian vessel means a vessel that is in Australian control or is an Australian boat within the meaning of theFisheries Management Act 1991 .
botanic garden means a scientific and educational institution the purpose of which is the advancement and dissemination of knowledge and appreciation of plants by:
(a) growing them in a horticultural setting; and
(b) establishing herbarium collections; and
(c) conducting research; and
(d) providing displays and interpretative services.
Conservation Commission means the Conservation Commission of the Northern Territory established by theConservation Commission Act 1980 of the Northern Territory.
conservation zone means a conservation zone declared under section 8A.
continental shelf of Australia has the same meaning as in theSeas and Submerged Lands Act 1973 .
Director means the Director of National Parks and Wildlife.
foreign national means a person other than an Australian national.
foreign vessel means a vessel other than an Australian vessel.
Fund means the Fund established by this Act.
hovercraft means a vehicle designed to be supported on a cushion of air.
in Australian control means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
(c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest.
interest means any legal or equitable interest, including any estate, right, title, claim, charge, encumbrance, power, privilege, authority, licence or permit.
Jervis Bay Botanic Gardens means the part of the Australian National Botanic Gardens that is in the Jervis Bay Territory.
Jervis Bay National Park means the part of the Jervis Bay Territory declared to be a park, and to which that name was assigned, by Proclamation under subsection 7(2).
Kakadu National Park means the area for the time being declared under section 7 to be the park of that name.
mineral means a naturally occurring substance or mixture of substances.
park means a park declared under section 7.
plan of management means a plan of management in force under section 12.
plant means any member, alive or dead, of the plant kingdom or of the fungus kingdom, and includes seeds and parts of plants.
prescribed park or reserve means:
(a) the Ulu
r u - Kata Tjut a National Park; and(ab) the Jervis Bay National Park; and
(ac) the Jervis Bay Botanic Gardens; and
(b) any other park or reserve declared by the regulations to be a prescribed park or reserve for the purposes of this definition.
ranger means a person appointed as a ranger under section 37.
Region means:
(a) so much of the Alligator Rivers Region, within the meaning of the definition of that Region in the
Environment Protection (Alligator Rivers Region) Act 1978 , as does not include:
(i) the area shown as the Arnhem Land Aboriginal Reserve on the map referred to in that definition; and
(ii) the areas (being pastoral leases) described on that map as Mount Bundey and Eva Valley; and
(b) the area of land described under the heading
Uluru in Schedule 1 to theAboriginal Land Rights (Northern Territory) Act 1976 .
reserve means a reserve declared under section 7.
right does not include sovereign rights.
seize includes secure against interference.
Service means the Australian National Parks and Wildlife Service established by this Act.
Territory means an internal Territory or an external Territory to which this Act extends.
Territory Commission means the Conservation Commission of the Northern Territory established by theConservation Commission Act 1980 of the Northern Territory.
this Act includes the regulations.
traditional Aboriginal owners :
(a) in relation to Aboriginal land in the Region—has the same meaning as in the
Aboriginal Land Rights (Northern Territory) Act 1976 ; or(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—means the members of the Wreck Bay Aboriginal Community Council.
uranium mining operations has the same meaning as in theEnvironment Protection (Northern Territory Supreme Court) Act 1978 .
vehicle includes a hovercraft.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through or on water, but does not include a hovercraft.
warden means:
(a) a person appointed as a warden under section 37; or
(b) a person referred to in section 38.
wilderness zone means a wilderness zone declared under section 7.
wildlife means:
(a) animals and plants that are indigenous to Australia;
(b) animals and plants that are indigenous to the Australian coastal sea or the sea-bed and subsoil beneath that sea;
(c) animals and plants that are indigenous to the continental shelf of Australia or the superjacent waters;
(ca) animals and plants that are indigenous to the Australian fishing zone;
(d) migratory animals that periodically or occasionally visit Australia, the Australian coastal sea, the Australian fishing zone or the sea over the continental shelf of Australia;
(e) animals and plants of a kind introduced into Australia, directly or indirectly, by Aboriginals before the year 1788; and
(f) such other animals and plants, not being domesticated animals or cultivated plants, as are prescribed.
wildlife inspector means a person appointed as a wildlife inspector under section 38A.
Wreck Bay Aboriginal Community Council means the council established by section 4 of theAboriginal Land Grant (Jervis Bay Territory) Act 1986 .
(2) In this Act, a reference to the sea-bed includes a reference to the surface of any coral formation, and a reference to the subsoil includes a reference to the coral beneath the surface of any such formation.
(3) In this Act, a reference to public notice is a reference to notice published:
(a) in the
Gazette ;(b) in a local newspaper, if any, circulating in the area concerned; and
(c) in each State and Territory, in a newspaper circulating throughout that State or Territory.
(4) A reference in this Act (other than section 65) to an offence against this Act includes a reference to an offence against section 6, 7 or 7A, or subsection 86(1), of the
Crimes Act 1914 that relates to this Act.
(1) In this Act, subject to subsection (2),
operations for the recovery of minerals means any operations or activities for or in connection with, or incidental to, the mining (whether by underground or surface working) or recovery of minerals or the production of material from minerals and, in particular, without limiting the generality of the foregoing, includes:
(a) prospecting and exploration for minerals, the milling, refining, treatment and processing of minerals and the handling, transportation, storage and disposal of minerals and of material produced from minerals; and
(b) the construction and use of towns, camps, dams, pipelines, power lines or other structures, and the performance of any other work, for the purposes of any such operations or activities.
(2) In this Act,
operations for the recovery of minerals does not include:
(a) anything done for the purposes of building or construction, or the supply of water, in a park or reserve, unless those purposes are connected with, or incidental to, operations for the recovery of minerals;
(b) the transportation of anything in the Kakadu National Park along routes (including air routes) prescribed for the purposes of this paragraph;
(c) the construction and use of pipelines and power lines in Kakadu National Park along routes prescribed for the purposes of this paragraph; or
(d) prescribed activities carried on in Kakadu National Park in connection with, or incidental to, operations for the recovery of minerals carried on outside Kakadu National Park.
This Act extends to every external Territory.
This Act binds the Crown in right of the Commonwealth or of a State.
(1) The object of this Part is to make provision for the establishment and management of parks and reserves:
(a) appropriate to be established by the Commonwealth Government, having regard to its status as a national government;
(b) in the Territories;
(c) in the Australian coastal sea;
(d) for purposes related to the rights (including sovereign rights) and obligations of Australia in relation to the continental shelf of Australia;
(e) for facilitating the carrying out by Australia of obligations under, or exercise by Australia of rights under, agreements between Australia and other countries; or
(f) conducive to the encouragement of tourism between the States and between other countries and Australia;
and this Act shall be administered accordingly.
(2) Land in a State shall not, without the consent of the State, be acquired by the Commonwealth for the purposes of this Part if it is land that is dedicated or reserved under a law of the State for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to Aboriginals.
(3) Land in the Northern Territory, other than land in the Ulu
r u - Kata Tjut a National Park or in the Alligator Rivers Region as defined by theEnvironment Protection (Alligator Rivers Region) Act 1978 , shall not, without the consent of the Territory, be acquired by the Commonwealth for the purposes of this Part if it is land that is dedicated or reserved under a law of the Territory for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to Aboriginals.
(1) In this section,
area means:
(a) an area of land owned or held under lease by the Commonwealth, including any such area that has been dedicated or reserved under a law of a Territory for the purposes of a national park, nature reserve, protected area or wildlife sanctuary or for similar purposes;
(aa) an area of Aboriginal land held under lease by the Director;
(b) an area of the Australian coastal sea in respect of the sea-bed and subsoil beneath which no interest is vested in a person other than the Commonwealth;
(c) an area of sea over a part of the continental shelf of Australia in respect of which no interest is vested in a person other than the Commonwealth; or
(d) an area of land or sea outside the Australian coastal sea in respect of which Australia has, under an agreement between Australia and any other country or countries, obligations relating to wildlife that may appropriately be carried out by the establishment and management of the areas as a park or reserve;
or an area of any such land and any such sea.
(2) Subject to this section, the Governor-General may:
(a) by Proclamation [
see Note 2], declare an area specified in the Proclamation to be a park or a reserve and assign a name to that park or reserve; and(b) by the same or by another Proclamation, declare the whole or a specified part of the park or reserve to be a wilderness zone.
(3) A Proclamation declaring an area to be a reserve may specify the purpose or purposes for which it is so declared.
(4) Where a plan of management is in force in relation to a park or reserve, a declaration shall not be made declaring the whole or a specified part of the park or reserve to be a wilderness zone except in accordance with the plan of management.
(5) A park may be named as a national park or by such other designation as the Governor-General thinks fit.
(6) Where an area is declared by Proclamation to be a park or reserve:
(a) the subsoil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation;
(b) the waters and sea-bed beneath any sea within the area; and
(c) the subsoil beneath any such sea-bed, extending to such depth below the sea-bed as is specified in the Proclamation;
shall be taken to be within that park or reserve.
(7) Upon the declaration of a park or reserve, any interest held by the Commonwealth in respect of the land (including any sea-bed or any subsoil) within the park or reserve, but not in respect of any minerals, becomes, by force of this subsection, vested in the Director.
(7A) Where the Commonwealth acquires any interest in respect of any land (including any sea-bed or any subsoil) within a park or reserve (otherwise than by reason of the surrender or transfer of an interest under subsection 9(3)), that interest becomes, by force of this subsection, vested in the Director, but not to the extent that it is an interest in respect of minerals.
(8) Subject to this section, the Governor-General may, by Proclamation, revoke or amend a Proclamation made under this section.
(9) A Proclamation under this section by virtue of which any land (including any subsoil) or sea, other than land or sea referred to in paragraph (1)(d), ceases to be land or sea within a park or reserve or within a wilderness zone shall not be made except in accordance with a resolution passed by each House of the Parliament in pursuance of a motion of which notice has been given not less than 15 sitting days of that House before the motion is moved.
(10) If, by virtue of a Proclamation made under this section, any land (including any sea-bed or any subsoil), other than Aboriginal land, ceases to be land within a park or reserve, any interest held by the Director in respect of that land becomes, by force of this subsection, vested in the Commonwealth.
(10A) If, by virtue of a Proclamation made under this section, any Aboriginal land (including any sea-bed or any subsoil) ceases to be land within a park or reserve, any leasehold interest held by the Director in respect of that land ceases, by force of this subsection, to exist.
(10AB) Subsections (9), (10) and (10A) do not apply in relation to a Proclamation by virtue of which any land (including any Aboriginal land and any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires.
(10B) Where a leasehold interest held by the Director in respect of any land in a park or reserve ceases to exist (otherwise than by reason of the Director surrendering the interest under subsection 9(2B), surrendering or transferring the interest under subsection 9(3) or acquiring ownership of the land or by reason of the operation of subsection 12(2A) of the
Aboriginal Land Rights (Northern Territory) Act 1976 ), the land ceases, by force of this subsection, to be land within the park or reserve and the Governor-General shall accordingly, by Proclamation, amend or revoke, as the case requires, the Proclamation applying in relation to that land.(11) Subject to subsection (11A), the Governor-General shall not make a Proclamation under this section except after consideration by the Executive Council of a report by the Director in relation to the matter dealt with by the Proclamation.
(11A) Subsection (11) does not apply in relation to the making of:
(a) a Proclamation under subsection (2) in relation to land or sea within the Region;
(b) a Proclamation under subsection (8) in relation to land or sea within the Region, other than a Proclamation, not being a Proclamation to which paragraph (c) applies, by virtue of which particular land (including any Aboriginal land or sea‑bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone; or
(c) a Proclamation by virtue of which any land (including any Aboriginal land or any sea-bed or subsoil) or sea ceases to be land or sea within a park or reserve or within a wilderness zone and becomes land or sea within another park or reserve or another wilderness zone, as the case requires.
(12) Before submitting a report for the purposes of subsection (11), the Director shall:
(a) by public notice:
(i) state the nature of the report and of any recommendations proposed to be made in the report;
(ii) invite interested persons to make representations in connexion with the report by such date, not being less than 60 days after the date of publication of the notice in the
Gazette , as is specified in the notice; and(iii) specify an address to which such representations may be forwarded; and
(b) give due consideration to any representations so made;
and, when submitting the report, he or she shall attach to the report any representations so made, together with his or her comments on those representations.
(13) Where any land is acquired by the Commonwealth for the purposes of this Part, the Minister shall, as soon as practicable after the acquisition, but subject to compliance with subsections (11) and (12) (where applicable), cause the carrying out of that purpose to be submitted for consideration by the Executive Council.
(14) Subject to subsection (10B), where land is within a park or reserve, it does not cease to be within the park or reserve by reason only of a transfer, assignment, surrender or extinguishment of, or any other change of any description in, any interest in respect of that land.
Where, by reason of a Proclamation under section 7, any interest in any land (including any subsoil) in a State or Territory becomes vested in the Director or the Commonwealth or ceases to exist, the Directormay lodge with the Registrar-General, Registrar of Titles or other appropriate officer of the State or Territory a copy of the Proclamation, certified by writing signed by the Director, and the officer with whom it is so lodged may make such entries in his or her registers, and do such other things, as are necessary to reflect the operation of section 7 in relation to the land by virtue of the Proclamation.
(1) The objects of this section are the protection and conservation of wildlife in, and the protection of the natural features of, an area of land or sea in the Region until a decision is made whether or not to declare the area to be a park or reserve.
(2) The Governor-General may, by Proclamation, declare an area within the Region, not being an area within a park or reserve, to be a conservation zone.
(3) Subject to subsection (5), the Governor-General may, by Proclamation, revoke or amend a Proclamation made under subsection (2).
(4) Where an area is declared to be a conservation zone:
(a) the subsoil beneath any land within the area, extending to such depth below the surface as is specified in the Proclamation;
(b) the waters and sea-bed beneath any sea within the area; and
(c) the subsoil beneath any such sea-bed, extending to such depth below the sea-bed as is specified in the Proclamation;
shall be taken to be within that conservation zone.
(5) A Proclamation under subsection (3) by virtue of which an area is to cease to be within a conservation zone shall not be made unless:
(a) a Proclamation is made under section 7, coming into operation immediately after the first-mentioned Proclamation comes into operation, declaring the area to be, or to be included in, a park or reserve; or
(b) the area is to be used for operations for the recovery of minerals, other than prospecting or exploration.
(6) For the purposes of making regulations in relation to conservation zones, subsections 71(2) (other than paragraph (t)) and 71(3) apply, subject to subsection (7) of this section, in relation to conservation zones as they apply in relation to parks and reserves.
(7) For the purposes of subsection (6), paragraphs 71(2)(da), (h), (j), (l), (n) and (s) apply as if the words “or prohibiting” were omitted.
(8) In addition to the powers to make regulations conferred by subsection (6) and section 71, regulations in relation to conservation zones may be made:
(a) regulating or prohibiting operations for the recovery of minerals;
(b) regulating the carrying on of fishing, pastoral or agricultural activities for commercial purposes;
(c) regulating the construction or alteration of buildings and structures;
(d) regulating the construction or establishment of bridges, railways, roads, tracks, port facilities and air-strips and the carrying out of any other works;
(e) regulating the felling or taking of timber;
(f) making provision for and in relation to the powers to be exercised, and the functions and duties to be performed, in and in relation to conservation zones by wardens, rangers and other persons, being persons included in specified classes of persons; and
(g) making provision for and in relation to the giving of securities for compliance with regulations made in pursuance of this section by persons doing, or proposing to do, anything to which those regulations relate.
(9) Subsection (1) does not limit the power to make regulations conferred by paragraph (8)(a).
(10) Where:
(a) regulations made under paragraph (8)(a) have effect in relation to a conservation zone; and
(b) an area is subsequently excised from the zone;
then, except as otherwise provided in the regulations, the regulations continue to apply in relation to the area, and further regulations may be made under that paragraph in relation to the area, as if the area had not been excised.
(11) Regulations made under paragraph (8)(a) have effect notwithstanding:
(a) any other regulations made under this Act; or
(b) any law of the Northern Territory, or any Act, by or under which interests referred to in subparagraph 8B(1)(a)(i) have been created, preserved or otherwise affected.
(12) Regulations made under this section (other than regulations made under paragraph (8)(a)) have no effect to the extent that they are inconsistent with the terms and conditions of:
(a) an interest of either of the following kinds granted before the commencement of the
Lands Acquisition Act 1989 :
(i) a lease or licence granted under section 51 of the
Lands Acquisition Act 1955 ;(ii) a right (however described) to explore or prospect for minerals granted under section 53 of the
Lands Acquisition Act 1955 ; or(b) a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section 124 of the
Lands Acquisition Act 1989 .(13) Any operation for the recovery of minerals on, in or beneath land in a conservation zone in the exercise of an interest referred to in subparagraph 8B(1)(a)(i) shall be deemed, for the purposes of procedures contained in orders made under the
Environment Protection (Impact of Proposals) Act 1974 , to be a proposed action within the meaning of those procedures.
(1) Where any land is within a park, reserve or conservation zone:
(a) subject to paragraph (b), the prescribed provisions of this Act and of the regulations (other than subsection 8A(13) or regulations made under paragraph 8A(8)(a)) and, in the case of a park or reserve, the provisions of the plan of management do not affect:
(i) any interest in respect of that land or in respect of any minerals on, in or beneath that land held immediately before that land was within the park, reserve or conservation zone by any person other than the Commonwealth or the Director; or
(ii) the application of any law of a State or Territory in relation to such an interest; and
(b) notwithstanding anything to the contrary contained in any law of the Commonwealth or of a State or Territory, an interest referred to in subparagraph (a)(i) (not being an interest in respect of minerals beneath the land concerned) shall not be renewed, and the term of such an interest shall not be extended, except with the consent in writing of the Minister and subject to such conditions as the Minister determines.
(2) A person adversely affected by the refusal of the Minister to give consent, or by the imposition of conditions, under paragraph (1)(b) is entitled to be paid reasonable compensation by the Commonwealth.
(3) In this section:
(a) a reference to land shall be read as including a reference to sea-bed and subsoil;
(b) a reference to a prescribed provision shall be read as a reference to a provision that has effect only in relation to:
(i) a particular park, reserve or conservation zone; or
(ii) parks, reserves and conservation zones, or any of them;
(c) a reference to an interest shall be read as including a reference to the exercise of a right arising out of an interest; and
(d) a reference to minerals beneath land that is within a park, reserve or conservation zone shall be read as a reference to minerals situated below the depth specified in relation to that land in pursuance of subsection 7(6) or 8A(4), whichever is applicable.
(4) This section does not apply in relation to:
(a) any interest in respect of any minerals on, in or beneath land within Kakadu National Park; or
(b) any other interest in so far as it relates to operations for the recovery of any such minerals.
(1) Where the plan of management relating to a park or reserve the whole or part of which is within the Region so provides, townships may be established and developed within the park or reserve or that part of the park or reserve, as the case may be, and the succeeding provisions of this section apply accordingly.
(2) A township, other than a township to which subsection (3) applies, may be established and developed:
(a) by the Director; or
(b) by any other person on land held under lease by that person from the Director.
(3) An existing township within a park or reserve may be developed by a person other than the Director, but development of an existing township shall not take place on land that was undeveloped at the commencement of this section unless the land is held under lease from the Director.
(4) A township shall not be established or developed, and no building work shall be carried out in a township, except in accordance with:
(a) the provisions of the plan of management; and
(b) a town plan prepared and approved in the manner provided by the regulations.
(5) The provisions of the plan of management relating to a township shall include provisions for and in relation to:
(a) in the case of a township to be established under paragraph (2)(a) or (b)—the site of the township and the general purposes of the township;
(b) in the case of a township to be established or developed on land held under lease from the Director—the terms and conditions of the lease; and
(c) where the township is to be divided into zones—the respective purposes of the zones.
(6) The town plan shall make detailed provision, not inconsistent with the plan of management or, in the case of a township to be established or developed on land held under lease from the Director, with the lease, for and in relation to the proposed construction or development of the township, including, in particular, the provision (if any) to be made for:
(a) housing, shops, offices and other buildings and structures;
(b) bridges, railways, roads, streets, footpaths and parking areas;
(c) the supply of water, electricity and gas;
(d) the standards to be maintained in the construction and alteration of buildings and structures;
(e) sewerage and drainage;
(f) public amenities for recreation and other purposes; and
(g) any other matters that are specified for the purposes of this paragraph by the plan of management, the regulations or, in the case of a township to be established or developed on land held under lease from the Director, by the lease.
(7) For the purposes of subsection (6), the town plan may apply, adopt or incorporate, with or without modification:
(a) the provisions of any law of, or of a part of, the Northern Territory as in force at a specified time or as in force from time to time, being a law that, but for that application, adoption or incorporation, would not apply in relation to the township; or
(b) any matter contained in any instrument or writing as in force or existing at a specified time.
(8) A town plan may be revoked or amended in the manner provided by the regulations, but a town plan shall not be amended so as to be inconsistent with the plan of management or, in the case of a township established or developed on land held under lease from the Director, with the lease.
(9) In this section:
building work means the construction, alteration or demolition of a building or structure.
existing township , in relation to a park or reserve, means a township that was in existence before its inclusion within the park or reserve.
lease , in relation to a township established or developed on Aboriginal land, means sub-lease.
(1) In this section, unless the contrary intention appears:
Authority means the Jabiru Town Development Authority established by theJabiru Town Development Act 1978 of the Northern Territory.
licence means a licence granted under subsection (2), and includes a licence as varied under subsection (4).
Park means Kakadu National Park.
township means the township referred to in subsection (2).
(2) At any time before a plan of management relating to the Park comes into force, the Director may grant written licences to the Authority authorizing it to do such things within the Park as are specified in the licences, being things that he or she considers necessary or convenient to be commenced, before the plan of management comes into force, for and in relation to the establishment and development of a township at or near a place in the Region known as Jabiru.
(3) The Director shall not grant a licence under subsection (2) unless:
(a) the Authority has informed him or her, in writing, that the Conservation Commission, and each other authority or body established by or under a law of the Northern Territory which the Authority has considered it appropriate to consult in relation to the issue of the licence, have agreed to the issue of the licence; and
(b) where, under the
Aboriginal Land Rights (Northern Territory) Act 1976 , an Aboriginal Land Council has, or Aboriginal Land Councils have, been established for any area or areas wholly or partly within the Park—the Director has consulted with, and had regard to the views of, the Chairperson of that Council or of each of those Councils, as the case may be, in relation to the issue of the licence.(4) In granting a licence under subsection (2), the Director shall impose such conditions as he or she thinks fit providing for such of the objects set out in subsection 11(8) as are applicable.
(5) A licence may be varied at any time by the Director with the consent of the Authority.
(6) At any time when a plan of management relating to the Park is in force, things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the plan is not inconsistent with the licence, also in accordance with the plan.
(7) As soon as practicable after a plan of management relating to the Park comes into force, a town plan relating to the township shall be prepared and approved as provided by section 8C.
(8) On the date of coming into effect of a town plan in pursuance of subsection (7), section 8C applies, subject to this section, in relation to the township as if it were a township established and developed in accordance with subsection (1) of that section.
(9) At any time after the coming into effect of a town plan in pursuance of subsection (7), things authorized to be done by a licence shall be done in accordance with the licence and, to the extent to which the town plan is not inconsistent with the licence, also in accordance with the town plan.
(10) In:
(a) the making of a variation of a licence;
(b) the preparation and consideration of a plan of management relating to the Park; and
(c) the preparation and approval of a town plan in pursuance of subsection (7);
due regard shall be had to buildings, structures and works constructed, erected or carried out, or authorized to be constructed, erected or carried out, in accordance with this section.
(1) Notwithstanding any law of the Commonwealth or of a State or Territory, but subject to subsections (2), (2A), (2B) and (3), no interest held by the Director in respect of land within a park or reserve shall be sold, leased or otherwise disposed of.
(2) Where the plan of management relating to a park or reserve so provides, the Director may grant leases of, or licences in respect of, land in that park or reserve in accordance with the plan of management.
(2A) The Director may, for the purposes of establishing and developing a township as provided by section 8D, grant leases of, or licences in respect of, land in the Kakadu National Park established under this Act in the Northern Territory.
(2B) The Director may surrender a lease of land within a park or reserve in consideration of the grant to the Director of a new lease of land that includes that land.
(3) The Director may, for the purposes of Part II of the
Aboriginal Land Rights (Northern Territory) Act 1976 , surrender or transfer to the Commonwealth any interest held by him or her in respect of land within a park or reserve within the Region.(3A) The
Lands Acquisition Act 1989 does not apply to the grant or surrender of a lease or sub-lease under this section.(4) In this section (other than in subsection (2B)),
lease , in relation to Aboriginal land, means sub-lease.
(1) Subject to sections 8B and 8D, this section has effect notwithstanding any law of the Commonwealth or of a State or Territory.
(1A) No operations for the recovery of minerals shall be carried on in Kakadu National Park.
(1B) Subsection (1A) shall not be taken to prevent the use, development or reconstruction of the township known as Jabiru.
(2) No operations for the recovery of minerals shall be carried on in a park or reserve (not being Kakadu National Park) other than operations that are carried on, with the approval of the Governor‑General, in accordance with the plan of management relating to that park or reserve.
(3) Subject to subsections (4) and (4A):
(a) no excavations shall be carried on;
(b) no building or other structure shall be erected;
(c) no works shall be carried out; and
(d) no timber shall be felled or taken;
in a park or reserve except in accordance with the plan of management relating to that park or reserve.
(4) At a time when no plan of management is in force in relation to a particular park or reserve the whole or part of which is outside the Region, subsection (3) does not prevent the Director from performing his or her functions in the park or reserve or that part of the park or reserve, as the case may be (in this subsection referred to, in either case, as
the area ), for the purpose of preserving or protecting the area, protecting or conserving wildlife in the area, controlling authorized scientific research or protecting persons or property in the area.(4A) At a time when no plan of management is in force in relation to a particular park or reserve the whole or part of which is within the Region, the Director may, subject to any directions of the Minister:
(a) approve the erection of buildings and other structures, and the carrying out of excavations and other works, in the park or reserve or that part of the park or reserve, as the case may be; and
(b) perform his or her functions and exercise his or her powers in and in relation to the park or reserve or that part of the park or reserve, as the case may be.
(5) A wilderness zone shall be maintained in its natural state and shall be used only for scientific research authorized by the Director and such recreational and other purposes, other than the recovery of minerals, as are specified in the plan of management relating to the wilderness zone, but this subsection does not prohibit anything done by the Director in accordance with subsection (6).
(6) Notwithstanding subsections (4) and (4A):
(a) no excavation shall be carried on;
(b) no building or other structure shall be erected;
(c) no works shall be carried out;
(d) no timber shall be felled or taken;
(e) no tracks shall be established; and
(f) no vehicle, aircraft or vessel shall be used;
in a wilderness zone except by the Director, in accordance with the plan of management relating to the zone, for purposes essential to the management of the zone.
(1) Subject to subsection (2), as soon as practicable after a park or reserve has been declared, the Director shall prepare a plan of management in respect of that park or reserve.
(2) Where a Board is established under Part IIA for a prescribed park or reserve, the Board, in conjunction with the Director, shall, as soon as practicable after the Board is established, prepare a plan of management in respect of that park or reserve unless, at the time when the Board is established, there is already a plan of management in force in respect of that park or reserve.
(2A) Before a plan of management is prepared in respect of a park or reserve, the Director shall, by public notice:
(a) state that a plan of management is to be prepared in respect of that park or reserve;
(b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice in the
Gazette , as is specified in the notice; and
(c) specify an address to which such representations may be forwarded;
and, in the case of a plan of management in respect of a park or reserve wholly or partly within a prescribed area, shall serve a copy of the notice on the relevant Chairperson.
(3) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the
Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the proposed plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made.(5) The plan of management may include provisions in relation to an area that is proposed to be added to the park or reserve, but those provisions shall not have effect until the area is added to the park or reserve.
(6) The plan of management shall set out a description of the manner in which it is proposed to manage the park or reserve and shall include:
(a) a description of any existing or proposed buildings, structures, facilities or other development; and
(b) a description of any operations for the recovery of minerals, or excavation, works or other operations, that may be carried on;
in the park or reserve.
(7) Where a plan of management provides for operations for the recovery of minerals or for excavation or other works, the plan shall set out any conditions that are to be applicable.
(8) In the preparation of the plan of management, regard shall be had to the following objects:
(a) in the case of a park—the encouragement and regulation of the appropriate use, appreciation and enjoyment of the park by the public;
(b) in the case of a reserve—the regulation of the use of the reserve for the purpose for which it was declared;
(ba) in the case of a park or reserve wholly or partly within the Region—the interests of the traditional Aboriginal owners of, and of other Aboriginals interested in, so much of the land within the park or reserve as is within the Region;
(bb) in the case of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the interests of the traditional Aboriginal owners of the land;
(c) the preservation of the park or reserve in its natural condition and the protection of its special features, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest;
(ca) in the case of a park or reserve managed as a botanic garden—the increase of knowledge, appreciation and enjoyment of Australia’s plant heritage by establishing, as an integrated resource, a collection of living and herbarium specimens of Australian and related plants for study, interpretation, conservation and display;
(d) the protection, conservation and management of wildlife within the park or reserve; and
(e) the protection of the park or reserve against damage.
(9) The plan of management may provide for the division of the park or reserve into zones and set out the conditions under which each zone shall be kept and maintained.
(10) When the plan of management has been prepared, the Director shall, by public notice:
(a) state that the plan has been prepared;
(b) invite interested persons to make representations in connexion with the plan by such date, not being less than 1 month after the date of publication of the notice in the
Gazette , as is specified in the notice;(c) specify an address or addresses at which copies of the plan may be inspected or purchased; and
(d) specify an address to which representations in connexion with the plan may be forwarded.
(10A) If the plan of management mentioned in subsection (10) is in respect of a park or reserve wholly or partly within the Northern Territory, the Minister must, at least 14 days before the date of publication of the notice in the
Gazette , serve a copy of the plan and notice:
(a) on the Conservation Commission; and
(b) if the park or reserve is also wholly or partly within a prescribed area—on the relevant Chairperson.
(10B) If the plan of management mentioned in subsection (10) is in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must, at least 14 days before the date of publication of the notice in the
Gazette , serve a copy of the plan and notice on the Chairperson of the Wreck Bay Aboriginal Community Council.(11) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the
Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made and, if the Director thinks fit, or the Director and the Board think fit, as the case requires, alter the plan accordingly.(11A) Where the Director and the Board are unable to agree on:
(a) the preparation under subsection (2) of a plan of management in respect of that park or reserve;
(b) the alteration or alterations to be made under subsection (11) to the plan of management in respect of that park or reserve; or
(c) the submission of the plan of management to the Minister under subsection (12);
the Director and the Board shall advise the Minister accordingly.
(11B) Where the Minister is advised under subsection (11A) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement.
(11C) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter.
(11D) A person appointed under subsection (11C) shall inquire into the matter and submit a report, together with the person’s recommendations, to the Minister.
(11E) Where the Minister receives a report and recommendations under subsection (11D), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister’s reasons for giving the directions and a copy of the report and recommendations given to the Minister under subsection (11D).
(11F) The Director and the Board shall comply with any directions given by the Minister under subsection (11E).
(12) The Director shall, subject to subsection (12A), thereupon submit to the Minister:
(a) the plan of management; and
(b) if representations have been made under subsection (11)—those representations, together with the comments of the Director, or the Director and the Board, as the case requires, on those representations.
(12A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (12) without the consent of the Board.
(13) Subject to subsection (20):
(a) in a case where the Minister is satisfied that, in relation to a plan of management in respect of a park or reserve wholly or partly within a prescribed area, there is a substantial difference of opinion between the relevant Chairperson, on the one hand, and the Director, or the Director and the Board, as the case requires, on the other hand, the Minister shall refer the plan to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires; or
(b) in any other case, the Minister may:
(i) accept the plan of management as submitted under subsection (12); or
(ii) refer it to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires.
(14) Where, under subsection (13), the Minister refers to the Director the plan of management in respect of a park or reserve wholly or partly within the Northern Territory, he or she shall cause a copy of his or her suggestions referred to the Director with the plan to be served on the Conservation Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairperson, and the Commission and, as the case may be, the Chairperson may, within the period of 14 days after receiving a copy of the suggestions, make representations to the Director in connexion with the suggestions.
(14A) If, under subsection (13), the Minister refers to the Director a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must serve on the Chairperson of the Wreck Bay Aboriginal Community Council a copy of the suggestions that he or she referred to the Director with the plan. The Chairperson may, within 14 days after receiving a copy of the suggestions, make representations to the Director in relation to the suggestions.
(15) Where the plan of management has been referred to the Director under subsection (13), the Director, or the Director together with the Board, as the case requires, shall, as soon as practicable after receipt of the plan or, in a case to which subsection (14) applies, after the expiration of the period referred to in that subsection, give further consideration to the plan, having regard to the suggestions of the Minister and any representations received under subsection (14), and the Director shall, subject to subsection (15A), again submit the plan, with or without alterations, to the Minister, together with:
(a) his or her comments on the suggestions of the Minister; and
(b) a copy of any representations received under subsection (14), together with his or her comments on those representations.
(15A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (15) without the consent of the Board.
(15B) Where the Director and the Board are unable to agree on the submission of the plan of management to the Minister under subsection (15), the Director and the Board shall advise the Minister accordingly and the provisions of subsections (11B) to (11F) (inclusive) apply to and in relation to the disagreement as if the disagreement were a disagreement of the kind referred to in subsection (11A).
(16) Where, under subsection (15), the Director submits a plan of management, with or without alterations, to the Minister and the plan is in respect of a park or reserve wholly or partly within a prescribed area, the Director shall, not later than the date on which the plan is so submitted to the Minister, serve on the relevant Chairperson copies of the plan and of any comments and representations submitted to the Minister under subsection (15), and the Chairperson may, within the period of 14 days after receiving the copies, submit to the Minister representations in connexion with the plan.
(17) Where the Minister receives representations under subsection (16) and he or she is satisfied that there is a substantial difference of opinion between the relevant Chairperson and the Director in relation to the plan of management, the Minister may appoint a person (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter.
(18) A person appointed under subsection (17) shall inquire into the matter and submit a report, together with his or her recommendations, to the Minister.
(19) Subject to subsection (20), as soon as practicable after the plan of management is submitted to the Minister under subsection (15) or, in a case to which subsection (16) applies, after the expiration of the period referred to in that subsection, the Minister shall accept the plan as so submitted or, if he or she is of the opinion that the plan as so submitted should be altered, the plan as so submitted and altered by him or her in such manner as he or she thinks fit.
(20) The Minister shall not take any action:
(a) under subsection (13)—except after giving due consideration to any representations or comments submitted to him or her under subsection (12); or
(b) under subsection (19)—except after giving due consideration to any representations or comments submitted to him or her under subsection (15) or (16), and to any report and recommendations submitted to him or her under subsection (18).
(21) When a plan of management is laid before both Houses of Parliament under section 12, the Minister shall cause the plan to be accompanied by:
(a) copies of any representations and comments, and of any report and recommendations, submitted to him or her under this section in connexion with the plan, other than those that have been given effect to in the plan; and
(b) in a case where he or she has made alterations to the plan under subsection (19)—a report specifying the alterations and setting out any views in respect of matters to which the alterations relate expressed by the Director and:
(i) in the case of a plan of management in respect of a park or reserve wholly or partly within the Northern Territory:
(A) by the Conservation Commission; and
(B) if the park or reserve is also wholly or partly within a prescribed area—by the relevant Chairperson; and
(ii) in the case of a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—by the Chairperson of the Wreck Bay Aboriginal Community Council.
(22) In this section:
prescribed area means:
(a) an area situated wholly or partly within the Region, and for which an Aboriginal Land Council has been established under the
Aboriginal Land Rights (Northern Territory) Act 1976 ; or(b) the Jervis Bay National Park or the Jervis Bay Botanic Gardens.
relevant Chairperson means:
(a) in relation to a prescribed area wholly or partly within the Region—the Chairperson of the Aboriginal Land Council for the area; or
(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the Chairperson of the Wreck Bay Aboriginal Community Council.
(1) The Minister shall, as soon as practicable after a plan of management has been accepted under section 11, cause it to be laid before both Houses of the Parliament.
(2) Either House of the Parliament, within 20 sitting days of that House after the plan of management has been laid before that House, may, in pursuance of a motion upon notice, pass a resolution disallowing the plan of management.
(3) If neither House of the Parliament passes a resolution in accordance with subsection (2) disallowing the plan of management, the plan of management comes into operation on the day immediately following the last day upon which such a resolution could have been passed by either House.
(4) If, before the expiration of 20 sitting days of a House of the Parliament after the plan of management has been laid before that House:
(a) that House is dissolved or, being the House of Representatives, expires, or the Parliament is prorogued; and
(b) a resolution for the disallowance of the plan of management has not been passed by that House;
the plan of management shall, for the purposes of this section, be deemed to have been laid before that House on the first sitting day of that House after the dissolution, expiry or prorogation, as the case may be.
(5) If either House of the Parliament passes a resolution in accordance with subsection (2) disallowing the plan of management, the Minister shall give to the Director a direction that a fresh plan of management be prepared and, where the Minister gives such a direction, a fresh plan of management shall be prepared in accordance with section 11.
(6) As soon as practicable after a plan of management has come into operation, the Minister shall publish a notice in the
Gazette and in such newspapers as he or she thinks fit, stating that the plan of management has come into operation, specifying an address or addresses where copies of the plan of management may be inspected or purchased and specifying the day (being a day not later than 10 years after the day on which the plan of management came into operation) on which the plan of management is to cease to have effect.(7) The plan of management shall, unless sooner revoked, cease to have effect on the day specified by the Minister in the notice published in the
Gazette .(8) It is the duty of the Director, or of the Director and the Board, as the case requires, to ensure, so far as is practicable, that, on the day on which the plan of management in respect of a park or reserve ceases to have effect under subsection (7) or as soon as practicable thereafter, a new plan of management in respect of that park or reserve comes into operation.
(9) Subsections 11(2A) to (22) (inclusive) and subsections (1) to (8) (inclusive) of this section apply in relation to the new plan of management in like manner as they apply in relation to a plan of management that is not a new plan of management.
(1) Subject to subsection (2), a plan of management may be amended at any time and subsections 11(2A) to (22) (inclusive) and section 12 apply in relation to any such amendment in like manner as they apply in relation to a plan of management.
(2) A plan of management shall not be amended so as to extend the period of operation of the plan to a day later than the day specified under subsection 12(6).
(3) A plan of management in respect of a park or reserve may be revoked by a new plan of management in respect of that park or reserve, but the revocation shall not take effect until the new plan comes into operation.
(1) While a plan of management is in force, the Director shall perform his or her functions and exercise his or her powers in relation to the park or reserve to which the plan relates in accordance with that plan and not otherwise.
(2) Where, in respect of Aboriginal land wholly or partly within the area for which an Aboriginal Land Council has been established under the
Aboriginal Land Rights (Northern Territory) Act 1976 , being an area wholly or partly within the Region, a difference of opinion arises between the Chairperson of that Council and the Director as to whether the Director is performing his or her functions or exercising his or her powers in accordance with a plan of management, the Minister shall appoint a person (being a person whom he or she considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter.(2A) If, in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, a difference of opinion arises between the Chairperson of the Wreck Bay Aboriginal Community Council and the Director as to whether the Director is performing functions or exercising powers in accordance with a plan of management, the Minister must appoint a person (whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter.
(3) A person appointed under subsection (2) shall inquire into the matter and submit a report, together with his or her recommendations, to the Minister.
(4) Upon receipt of a report and recommendations under subsection (3), the Minister shall give the Director such directions in the matter as he or she thinks fit, and the Director shall comply with those directions.
(1) Where:
(a) a Board has been established under Part IIA for a park or reserve; and
(b) the Director is of the opinion that:
(i) the implementation of a decision of the Board is likely to be substantially detrimental to the good management of that park or reserve; or
(ii) a decision of the Board is contrary to the plan of management in respect of that park or reserve;
the Director shall advise the Minister accordingly.
(2) Where the Minister is advised under subsection (1) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement.
(3) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter.
(4) A person appointed under subsection (3) shall inquire into the matter and submit a report, together with the person’s recommendations, to the Minister.
(5) Where the Minister receives a report and recommendations under subsection (4), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister’s reasons for giving the directions and a copy of the report and recommendations given to the Minister under subsection (4).
(6) The Director and the Board shall comply with any directions given by the Minister under subsection (5).
In this Part, unless the contrary intention appears:
relevant Council means:
(a) in relation to Aboriginal land in the Region—the Aboriginal Land Council established under the
Aboriginal Land Rights (Northern Territory) Act 1976 for the area in which the land is situated; or(b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the Wreck Bay Aboriginal Community Council.
relevant preconditions , in relation to an office of member of a Board, means the preconditions that a person must satisfy, in accordance with the section 14C notice in relation to the Board, in order to be eligible for appointment to that office.
section 14C notice means a notice under subsection 14C(1) and includes such a notice as amended or further amended under subsection 14C(4).
(1) Where:
(a) an area of Aboriginal land is situated wholly or partly within a prescribed park or reserve; and
(b) the Minister and the relevant Council in relation to the land:
(i) agree that a Board should be established for that park or reserve; and
(ii) agree on the matters to be specified, in accordance with subsection (2), in the notice in respect of the Board;
the Minister shall, by notice published in the
Gazette , establish a Board for that park or reserve.
(2) A notice under subsection (1) establishing a Board shall:
(a) specify the park or reserve for which the Board is established;
(b) specify the name by which the Board is to be known;
(c) specify the number of persons who are to constitute the Board; and
(d) subject to subsection (5), specify, in relation to each office of member of the Board, the preconditions that a person must satisfy in order to be eligible for appointment to that office.
(3) Subject to subsection (6), the Minister may, by notice published in the
Gazette , revoke a notice under subsection (1) in relation to a Board.(4) Subject to subsections (5) and (6), the Minister may, by notice published in the
Gazette , amend, or further amend, a notice under subsection (1) in relation to a Board so as to:
(a) change the specification of the name by which the Board is to be known;
(b) increase the number of persons who are to constitute the Board and specify, in relation to each additional office of member of the Board so created, the preconditions that a person must satisfy in order to be eligible for appointment to that office;
(c) decrease the number of persons who are to constitute the Board and specify which office or offices of member of the Board is or are abolished; or
(d) change the specification, in relation to an office of member of the Board, of the preconditions that a person must satisfy in order to be eligible for appointment to that office.
(5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a majority of the members of the Board shall be Aboriginals nominated by the traditional Aboriginal owners of that Aboriginal land.
(6) Where a Board is established for a park or reserve, the Minister shall not revoke, amend or further amend a notice under subsection (1) in relation to that park or reserve unless the relevant Council in relation to the Aboriginal land situated in that park or reserve has agreed to the revocation, amendment or further amendment, as the case requires.
(7) Where the Minister, under subsection (4), amends or further amends a notice under subsection (1) in relation to a Board so as to alter the name of the Board or so as to alter the constitution of the Board, section 25B of the
Acts Interpretation Act 1901 applies in relation to that alteration as if the alteration had been made by an Act.(8) The performance of the functions and the exercise of the powers of a Board are not affected by a vacancy or vacancies in the membership of the Board.
(1) The functions of a Board established for a park or reserve are:
(a) to prepare, in conjunction with the Director, plans of management in respect of that park or reserve;
(b) to make decisions, being decisions that are consistent with the plan of management in respect of that park or reserve, in relation to the management of that park or reserve;
(c) to monitor, in conjunction with the Director, the management of that park or reserve; and
(d) to give advice, in conjunction with the Director, to the Minister on all aspects of the future development of that park or reserve.
(2) A Board shall, in performing its functions under this Act, comply with any directions given by the Minister to the Board under section 11, 13 or 14A.
(1) The Minister may, by instrument in writing, appoint to an office of member of a Board a person who satisfies the relevant preconditions in relation to that office.
(2) Where an office of member of a Board becomes vacant, the Minister shall appoint a person to that office in accordance with subsection (1) as soon as practicable after that office becomes vacant.
(3) A member of a Board holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.
(1) A person appointed to an office of member of a Board holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.
(2) Where the instrument of appointment of a member does not specify a period of appointment in accordance with subsection (1), the instrument of appointment shall be deemed to specify that the member holds office for a period of 5 years commencing on the day of appointment.
(3) Where a person is appointed to an office of member of a Board and the person ceases to satisfy the relevant preconditions in respect of the office, the person’s appointment to the office terminates at the time when the person ceases to satisfy those preconditions.
(4) A member of a Board may resign office by writing signed by the member and delivered to the Minister.
(5) The Minister may terminate the appointment of a member of a Board for misbehaviour or physical or mental incapacity.
(6) If a member of a Board is absent, except on leave granted by the Board, from 3 consecutive meetings of the Board of which the member has had notice, the Minister may terminate the appointment of the member.
(7) If a member of a Board fails, without reasonable excuse, to comply with the member’s obligations under section 14J, the Minister shall terminate the appointment of the member.
(8) Where a person is appointed as a member of a Board on the nomination of a particular person, body or group of persons, the Minister shall terminate the appointment of the member if that person, body or group requests the Minister, in writing, to do so.
(9) The appointment of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connection with, the nomination, selection or appointment of the member.
(1) Where an appointment to an office of member of a Board established for a park or reserve may be made only in pursuance of a nomination by the traditional Aboriginal owners of Aboriginal land situated in that park or reserve, those traditional Aboriginal owners may nominate a person who satisfies the relevant preconditions in relation to that office to be the deputy of the member of the Board holding that office.
(2) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, nominate a person who satisfies the relevant preconditions in relation to the member’s office to be the deputy of the member.
(3) Where a person is nominated to be the deputy of a member of a Board, the person so nominated may, if the member is absent from a meeting of the Board, attend that meeting and, when so attending, shall, subject to subsection (4), be deemed to be a member of the Board.
(4) A person who is nominated to be the deputy of a member of a Board shall not preside at a meeting of the Board.
(5) Where the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which a Board is established nominate a person, pursuant to subsection (1), to be the deputy of a member of the Board, those traditional Aboriginal owners may revoke that nomination.
(6) A member of a Board who was appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of Aboriginal land situated in the park or reserve for which the Board is established may, with the approval of the Minister, revoke a nomination made by the member under subsection (2).
(7) The nomination of a person as the deputy of a member of a Board is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in or in connection with the selection or nomination of the person.
(1) A Board may, by resolution, appoint a member of the Board to be the presiding member of the Board.
(2) A member appointed to be presiding member of a Board holds office, subject to subsection (3), for such period as is determined by the Board at the time of the member’s appointment to that office.
(3) A member of a Board ceases to hold office as presiding member of the Board if:
(a) the member resigns that office;
(b) the Board revokes the member’s appointment to that office; or
(c) the member ceases to be a member of the Board.
(1) A member of a Board who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of that interest at a meeting of the Board.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Board.
(1) Meetings of a Board shall be held at such times and places as the Board, from time to time, determines.
(2) The presiding member of a Board may at any time, and, if so directed by the Minister, shall, convene a meeting of the Board.
(3) Subject to the provisions of this Act, a Board shall determine its procedures and determine which persons are to be permitted to attend or participate in meetings of the Board.
(4) Subject to subsections (5) and (6), at a meeting of a Board, a number of members greater than half the number of persons who constitute the Board constitute a quorum.
(5) Where a Board is established for a park or reserve that consists wholly of Aboriginal land, a meeting of the Board shall not be held, or shall not continue, unless the majority of the members of the Board present at the meeting are members appointed pursuant to nominations by the traditional Aboriginal owners of that Aboriginal land.
(6) A meeting of a Board shall not be held, or shall not continue, unless at least one of the members of the Board present at the meeting is a member appointed otherwise than pursuant to a nomination by the traditional Aboriginal owners of the Aboriginal land situated in the park or reserve for which the Board is established.
(7) Subject to subsection (8), the presiding member of a Board shall preside at all meetings of the Board.
(8) If the presiding member of a Board is absent from a meeting of the Board, the members of the Board who are present shall elect one of their number to preside at the meeting.
(9) Decisions of a Board shall be determined by a majority of the members of the Board present and voting.
(10) The member of a Board who is presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(1) There shall be a Director of National Parks and Wildlife, who shall be a corporation with perpetual succession.
Note: Subject to section 15A, the
Commonwealth Authorities and Companies Act 1997 applies to the Director. That Act deals with matters relating to Commonwealth authorities, including reporting and accountability, banking and investment, and conduct of officers.(2) The corporation shall have a seal, and may sue or be sued in its corporate name.
(3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to documents and shall presume that it was duly affixed.
(4) At all times after the first appointment of a person to the office of Director, the corporation continues in existence notwithstanding any vacancy in that office.
(1) Subsection 15(1) provides that the Director is a corporation. The
Commonwealth Authorities and Companies Act 1997 applies (subject to subsections (2) and (3)) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were a director of the corporation for the purposes of that Act.(2) Sections 27F to 27L of the
Commonwealth Authorities and Companies Act 1997 do not apply in relation to the Director.(3) The
Commonwealth Authorities and Companies Act 1997 applies to the Fund as though the Fund were money of the Director.
(1) The functions of the Director are:
(a) to administer, manage and control parks, reserves and conservation zones;
(b) to protect, conserve, manage and control wildlife;
(c) to conduct surveys, and collect statistics, of and in relation to animals and plants;
(d) to co-operate with any country in matters relating to the protection and conservation of animals and plants in that country and the establishment and management of national parks and nature reserves in that country;
(e) to provide, and assist in the provision of, training in the knowledge and skills relevant to the protection, conservation and management of wildlife and the establishment and management of national parks and nature reserves;
(f) to carry out by himself or herself or in co-operation with other institutions and persons, and to arrange for any other institution or person to carry out, research and investigations relevant to the establishment and management of national parks and nature reserves and the protection, conservation and management of wildlife;
(g) to make recommendations to the Minister in relation to:
(i) the establishment and naming of parks and reserves; and
(ii) the protection and conservation of wildlife throughout Australia;
(h) to administer the Fund;
(ha) any other functions conferred on the Director under any other Act; and
(i) to do anything incidental or conducive to the performance of any of the foregoing functions.
(2) Except as otherwise provided by this Act, the Director shall perform his or her functions and exercise his or her powers in accordance with any directions given by the Minister.
(4) In relation to the performance of his or her functions and the exercise of his or her powers with respect to a park, reserve or conservation zone wholly or partly within the Northern Territory, the Director shall, from time to time, consult with, and have regard to the views of, the Conservation Commission and, if the park, reserve or conservation zone is also wholly or partly within an area for which an Aboriginal Land Council has been established under the
Aboriginal Land Rights (Northern Territory) Act 1976 , the Chairperson of the Council.(4A) When performing functions and exercising powers with respect to the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Director must, from time to time, consult with, and have regard to the views of, the Chairperson of the Wreck Bay Aboriginal Community Council.
(1) The Director has power to do all things that are necessary or convenient to be done for or in connexion with the performance of his or her functions and, in particular, has power:
(a) to enter into contracts; and
(b) to erect buildings and structures and carry on works; and
(c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Director; and
(d) to acquire, hold and dispose of real or personal property; and
(da) despite section 49, obtain goods or services on credit from any person by the use of a credit card; and
(e) to accept gifts, devises and bequests made to the Director whether on trust or otherwise, and to act as trustee of moneys or other property vested in the Director upon trust; and
(f) to do anything incidental to any of his or her powers.
(1A) The Director may, subject to the approval of the Minister, determine and impose charges:
(a) for entering or using a park or reserve or part of a park or reserve;
(b) for using services or facilities provided by the Director in or in connexion with a park, reserve or conservation zone; and
(c) for:
(i) the parking or stopping of vehicles;
(ii) the mooring or landing of vessels;
(iii) the landing of aircraft; and
(iv) the use of vehicles and vessels;
in parks and reserves.
(2) Notwithstanding anything contained in this Act, any moneys or property vested in the Director upon trust shall be dealt with in accordance with the powers and duties of the Director as trustee.
(3) The Director has power to perform any of his or her functions in co-operation with a State, with an authority of the Commonwealth or of a State or with a local governing body.
If the Director has a material personal interest in a matter that the Director is considering or is about to consider, the Director must give written notice of the interest to the Minister.
(1) The Director may, by notice in writing served either personally or by post on any person involved in or associated with uranium mining operations in the Region, require the person:
(a) to furnish to him or her, by writing signed by that person, or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, such information in the possession of the person as is specified in the notice; or
(b) to furnish to him or her, within the time and in the manner specified in the notice, such documents in the possession of the person as are specified in the notice;
being information that is, or documents that are, required for the performance of the functions or the exercise of the powers of the Director under this Act so far as those functions or powers relate to those operations.
(2) A person shall not, in purported compliance with a notice served on him or her under subsection (1), knowingly furnish information that is false or misleading.
Penalty: $1,000.
(3) It is a reasonable excuse for a person to fail to furnish information or a document that he or she is required to furnish under this section if the furnishing of the information, or the document, may tend to incriminate him or her.
(1) Sections 1, 2 and 3, subsection 4(2), sections 7, 8, 9, 10, 11, 12, 16 and 17, subsections 18(1) and 25(1), sections 28, 44, 45, 46, 47, 48, 52, 57, 68 and 72, subsection 74(2), sections 75, 77 and 82 and Part IV (other than sections 89, 90, 94 and 95) shall come into operation on the day on which this Act receives the Royal Assent.
(b) TheNational Parks and Wildlife Conservation Act 1975 was amended by subsection 151(1) only of thePublic Service Reform Act 1984 , subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(c) TheNational Parks and Wildlife Conservation Act 1975 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.
(d) TheNational Parks and Wildlife Conservation Act 1975 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1986 , subsection 2(15) of which provides as follows:
(15) The amendment of the
National Parks and Wildlife Conservation Act 1975 made by this Act shall be deemed to have come into operation on 2 September 1985.
(e) TheNational Parks and Wildlife Conservation Act 1975 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act 1988 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) TheNational Parks and Wildlife Conservation Act 1975 was amended by Part 6 (sections 12 and 13) only of theArts, Environment, Tourism and Territories Legislation Amendment Act 1990 , subsection 2(1) of which provides as follows:
(1) Parts 1, 4, 5, 6, 7 and 8 commence on the day on which this Act receives the Royal Assent.
(g) TheNational Parks and Wildlife Conservation Act 1975 was amended by section 3 only of theArts, Sport, Environment, Tourism and Territories Legislation Amendment Act 1991 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) TheNational Parks and Wildlife Conservation Act 1975 was amended by section 5 only of theArts, Environment and Territories Legislation Amendment Act 1993 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(i) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 4 (item 110) and Schedule 5 (items 99-102) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(j) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 1 (item 49) only of theEnvironment, Sport and Territories Legislation Amendment Act 1997 , subsection 2(3) of which provides as follows:
(3) Item 49 of Schedule 1 commences on the day on which this Act receives the Royal Assent only if Schedule 2 to the
Audit (Transitional and Miscellaneous) Amendment Act 1997 has not commenced before then.
(k) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 2 (items 1030-1038) only of theAudit (Transitional and Miscellaneous) Amendment Act 1997 , subsection 2(2) of which provides as follows:
(2) Schedules 1, 2 and 4 commence on the same day as the
Financial Management and Accountability Act 1997 .
(l) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 4 (item 1) only of theEnvironmental Reform (Consequential Provisions) Act 1999 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences when the
Environment Protection and Biodiversity Conservation Act 1999 commences. [see Note 3]
(m) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 1 (item 665‑669) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(n) TheNational Parks and Wildlife Conservation Act 1975 was amended by Schedule 1 (item 665‑669) only of theCorporate Law Economic Reform Program Act 1999 , subsection 2(2) of which provides as follows:
(2) The following provisions commence on a day or days to be fixed by Proclamation:
(a) section 3;
(b) the items in Schedules 1 to 7 (other than item 18 of Schedule 7);
(c) the items in Schedules 10, 11 and 12.
| |
Provision affected | How affected |
S. 3........................................... |
|
S. 3A......................................... | ad. No. 15, 1987 |
Ss. 4, 5..................................... | am. No. 29, 1978 |
S. 6........................................... | am. No. 29, 1978; No. 113, 1994 |
S. 7........................................... |
|
S. 8........................................... | rs. No. 29, 1978 |
| |
S. 8A......................................... | ad. No. 29, 1978 |
am. No. 16, 1987 | |
S. 8B......................................... | ad. No. 29, 1978 |
am. Nos. 15 and 16, 1987 | |
S. 8C........................................ | ad. No. 29, 1978 |
S. 8D........................................ | ad. No. 42, 1979 |
| |
S. 9........................................... |
|
S. 10......................................... |
|
S. 11......................................... |
|
S. 12......................................... | am. No. 94, 1985; No. 43, 1996 |
S. 13......................................... | am. No. 94, 1985 |
S. 14......................................... | am. No. 29, 1978; No. 103, 1995; No. 43, 1996 |
S. 14A....................................... | ad. No. 94, 1985 |
| ad. No. 94, 1985 |
S. 14B....................................... | ad. No. 94, 1985 |
am. No. 103, 1995 | |
S. 14C...................................... | ad. No. 94, 1985 |
am. No. 76, 1986; No. 103, 1995 | |
Ss. 14D-14K............................. | ad. No. 94, 1985 |
Note to s. 15(1) ....................... | ad. No. 152, 1997 |
S. 15A ..................................... | ad. No. 152, 1997 |
am. No. 156, 1999 | |
S. 16......................................... |
|
S. 17......................................... | am. No. 29, 1978; No. 25, 1995; No. 43, 1996 |
S. 17AA ................................... | ad. No. 152, 1997 |
Ss. 17A, 17B............................. | ad. No. 29, 1978 |
am. No. 43, 1996 | |
S. 17C...................................... | ad. No. 29, 1978 |
S. 17D...................................... | ad. No. 29, 1978 |
am. No. 43, 1996 | |
S. 17E....................................... | ad. No. 29, 1978 |
am. No. 63, 1984; No. 43, 1996 | |
S. 17F....................................... | ad. No. 29, 1978 |
Ss. 18, 19................................. | am. No. 29, 1978 |
S. 20......................................... | am. No. 29, 1978; No. 43, 1996 |
S. 21......................................... | am. No. 29, 1978; No. 38, 1988; No. 130, 1992 |
Ss. 23-25.................................. | am. No. 43, 1996 |
S. 26......................................... | rs. No. 179, 1991 |
am. No. 146, 1999 | |
S. 27......................................... | am. No. 43, 1996 |
S. 28......................................... | am. No. 179, 1991; No. 43, 1996 |
S. 29......................................... | am. No. 43, 1996 |
S. 30......................................... | am. No. 29, 1978; No. 43, 1996 |
S. 31......................................... | rep. No. 94, 1985 |
S. 32......................................... | rep. No. 29, 1978 |
Heading to Part IV.................... | am. No. 120, 1992 |
Heading to Div. 1 of Part IV...... | ad. No. 120, 1992 |
S. 33......................................... | am. No. 43, 1996 |
S. 34......................................... | am. No. 63, 1984; No. 146, 1999 |
S. 36......................................... |
|
S. 38......................................... | am. No. 155, 1979; No. 70, 1980 |
S. 38A....................................... | ad. No. 120, 1992 |
S. 39......................................... | am. No. 120, 1992; No. 43, 1996 |
S. 40......................................... | rep. No. 120, 1992 |
Ss. 41, 42................................. | am. No. 29, 1978 |
rep. No. 120, 1992 | |
Ss. 43, 44................................. | rep. No. 120, 1992 |
| ad. No. 120, 1992 |
Ss. 40, 41................................. | ad. No. 120, 1992 |
S. 42......................................... | ad. No. 120, 1992 |
am. No. 195, 1992; No. 6, 1994 | |
Ss. 43, 44, 44A......................... | ad. No. 120, 1992 |
S. 44B....................................... | ad. No. 120, 1992 |
am. No. 195, 1992 | |
Ss. 44C, 44D............................ | ad. No. 120, 1992 |
S. 44E....................................... | ad. No. 120, 1992 |
am. No. 195, 1992 | |
Ss. 44F-44H............................. | ad. No. 120, 1992 |
S. 46......................................... |
|
rs. No. 25, 1995 | |
S. 47......................................... | am. No. 33, 1991; No. 47, 1996 |
rep. No. 152, 1997 | |
S. 48......................................... | am. No. 29, 1978; No. 43, 1996; No. 152, 1997 |
S. 49......................................... | rs. No. 33, 1991 |
S. 49A....................................... | ad. No. 33, 1991 |
rep. No. 152, 1997 | |
S. 50......................................... | am. No. 43, 1996 |
rep. No. 152, 1997 | |
S. 51 ....................................... | rep. No. 152, 1997 |
S. 52......................................... |
|
rs. No. 152, 1997 | |
S. 53......................................... | am. No. 43, 1996 |
rep. No. 152, 1997 | |
S. 54......................................... | am. No. 29, 1978 |
S. 58......................................... | am. No. 43, 1996 |
S. 59......................................... | am. No. 111, 1982; No. 43, 1996 |
S. 60......................................... | am. No. 43, 1996 |
Ss. 61, 62................................. | am. No. 111, 1982; No. 43, 1996 |
Ss. 63, 64................................. | am. No. 43, 1996 |
S. 65......................................... | am. No. 29, 1978 |
S. 66......................................... | rep. No. 29, 1978 |
S. 67......................................... | rep. No. 88, 1990 |
S. 70......................................... | am. No. 29, 1978 |
S. 71......................................... | am. No. 29, 1978; No. 120, 1992; No. 43, 1996 |
Schedule.................................. | am. No. 94, 1985; No. 21, 1992 |
Section 7(2)—The date fixed was 3
March 1993 (
Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999)
The following amendments commence when No. 91 of 1999 comes into operation (16 July 2000 if not proclaimed earlier):
Repeal the Act.
In this Part:
Director means the Director of National Parks and Wildlife established by the Parks Act.
new Act means theEnvironment Protection and Biodiversity Conservation Act 1999 .
Parks Act means theNational Parks and Wildlife Conservation Act 1975 .
(1) A Proclamation under Part II of the Parks Act of an area as a park or reserve that was in force immediately before the commencement of the new Act continues in force as if it had been made under section 344 of the new Act immediately after that commencement, so that the area is declared as a Commonwealth reserve under the new Act.
(2) A Proclamation of an area as a park under the Parks Act continues in force as if it stated that the purposes for which the area was declared were:
(a) the preservation of the area in its natural condition; and
(b) the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public.
(3) If, immediately before the commencement of the new Act, an area was proclaimed as a park or reserve under the Parks Act and was managed as a botanic garden (as defined in the Parks Act), the Proclamation of the area continues in force as if it included a statement that the purposes for which the area was declared included the object specified in paragraph 11(8)(ca) of the Parks Act.
(4) This item does not prevent amendment of the Proclamation by another Proclamation made under Division 4 of Part 15 of the new Act.
(5) To avoid doubt, paragraphs 357(1)(a) and (2)(a) of the new Act do not apply to a Commonwealth reserve to which this item relates until the reserve is assigned to an IUCN category by a Proclamation made under Division 4 of Part 15 of the new Act or a management plan made under that Division.
(6) Paragraph 368(3)(a) of the new Act applies in relation to the preparation of a management plan for a Commonwealth reserve to which this item relates as if the reference in the paragraph to a report considered by the Minister under section 351 of that Act included a reference to a report considered by the Executive Council under subsection 7(11) of the Parks Act in relation to the park or reserve taken to have been declared as the Commonwealth reserve.
(1) A plan of management in force for a park or reserve under Part II of the Parks Act immediately before the commencement of the new Act continues in force after that commencement as a management plan for the corresponding Commonwealth reserve as if:
(a) the Minister administering the new Act had approved it under section 370 of that Act; and
(b) it were not required to be laid before each House of the Parliament and were not able to be disallowed because of section 371 of the new Act.
(2) However, the plan ceases to have effect on the earlier of the following days (or either of them if they are the same):
(a) the day it would have ceased to have had effect if the Parks Act had not been repealed;
(b) the day 7 years after the commencement of the new Act.
(3) This item has effect in relation to a plan even if the plan does not comply with section 367 of the new Act.
(4) This item does not prevent amendment of the plan by another management plan approved under Division 4 of Part 15 of the new Act.
(1) If, before the commencement of the new Act:
(a) the Director published a notice under subsection 11(2A) of the Parks Act relating to a park or reserve that later became a Commonwealth reserve because of this Schedule; and
(b) the Minister administering the Parks Act had not accepted under section 11 of the Parks Act a plan of management for the park or reserve submitted by the Director after the Director published the notice;
Division 4 (the
new Division ) of Part 15 of the new Act applies in relation to the preparation of a management plan for the Commonwealth reserve with the applicable modifications set out in this item.(2) The new Division applies as if paragraph 368(1)(a) and subsection 368(2) were omitted from the new Act.
(3) If the Director published a notice under subsection 11(10) of the Parks Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:
(a) paragraphs 368(1)(b) and (c) and subsection 368(5) were also omitted from the new Act; and
(b) if the date specified in the notice under paragraph 11(10)(b) of the Parks Act has passed—paragraph 368(1)(d) were also omitted from the new Act.
(4) If subitem (3) does not apply, the new Division applies as if the reference in paragraph 368(1)(b) of the new Act to comments were a reference to representations received in response to the notice referred to in paragraph (1)(a) of this item.
(5) If the Director submitted a plan of management for the park or reserve under subsection 11(12) of the Parks Act to the Minister administering that Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:
(a) paragraphs 368(1)(d) and (e) were also omitted from the new Act; and
(b) the plan had been given to the Minister administering the new Division under subsection 370(1) of the new Act when it commenced and subsection 370(2) of the new Act had been complied with in relation to the plan.
(6) If subitem (5) does not apply but subitem (3) does, the new Division applies as if the reference in paragraph 368(1)(e) of the new Act to comments were a reference to representations received in response to the notice under subsection 11(10) of the Parks Act.
(7) Subitems (1) to (6) (inclusive) do not apply to the preparation of a management plan for a Commonwealth reserve after the first approval under the new Division of a management plan for the reserve.
(1) This item effectively continues in existence each of the following Boards (the
old Boards ) that was established under Part IIA of the Parks Act and was in existence immediately before the commencement of the new Act:
(a) the Board for the park that was declared under Part II of the Parks Act and assigned the name Booderee National Park;
(b) the Board for so much of the reserve declared under Part II of the Parks Act and assigned the name Australian National Botanic Gardens as was in the Jervis Bay Territory;
(c) the Board for the park that was declared under Part II of the Parks Act and assigned the name Kakadu National Park;
(d) the Board for the park that was declared under Part II of the Parks Act and assigned the name Ulu
r u‑Kata Tjut a National Park.(2) A section 14C notice (as defined in Part IIA of the Parks Act) that was in force immediately before the commencement of the new Act continues in force as if:
(a) it had been published in the
Gazette under section 377 of the new Act immediately after that commencement; and(b) it provided for an additional member of the Board, whose qualification for membership is nomination by the Northern Territory, in the case of a section 14C notice relating to Kakadu National Park or Ulu
r u‑Kata Tjut a National Park.(3) The Minister administering Division 4 of Part 15 of the new Act must appoint under that Division a person as a member of the Board referred to in paragraph (2)(b) within 3 months of:
(a) the Northern Territory nominating the person; or
(b) if the Northern Territory informs that Minister it believes that the members of the Board nominated by the traditional owners are unreasonably withholding consent to the appointment—that Minister referring the matter to the person holding the office of Commonwealth Ombudsman under the
Ombudsman Act 1976 .(4) This item does not prevent amendment of the notice under section 378 of the new Act.
(5) For the purposes of the new Act, a person who was a member of an old Board immediately before the commencement of that Act holds office as a member of the Board established because of subitem (2).
(6) The person holds office as a member of the Board for so much of the period specified in the instrument appointing him or her a member of the old Board as had not elapsed before the commencement of the new Act. This subitem has effect subject to sections 380 and 382 of that Act.
Note: Subsection 14F(2) of the Parks Act provided that certain instruments of appointment were taken to specify a 5 year period of appointment.
A town plan that was in force for the purposes of section 8C of the Parks Act immediately before the commencement of the new Act continues in force as a town plan for the purposes of the new Act.
A Proclamation under section 8A of the Parks Act declaring an area to be a conservation zone that was in force immediately before the commencement of the new Act continues in force as if it had been made under Division 5 of Part 15 of the new Act immediately after that commencement, so that:
(a) the area; and
(b) the subsoil and seabed (if any) specified in the Proclamation under the area; and
(c) the waters under the sea (if any) in the area;
are declared as a conservation zone under the new Act.
9
Continued appointment of wardens, rangers and wildlife inspectors
Wardens and rangers (1) An instrument appointing a person as a warden or ranger that was in force under section 37 of the Parks Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 392 of the new Act (so the person is appointed as a warden or ranger (as appropriate) under section 392 of the new Act).
Inspectors (2) An instrument appointing a person as a wildlife inspector that was in force under section 38A of the Parks Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 396 of the new Act (so the person is appointed as an inspector under section 396 of the new Act).
Appointments terminated if appointee ceases to be officer of the Department (3) A person appointed as a warden, ranger or inspector for the purposes of the new Act because of subitem (1) or (2) ceases to be a warden, ranger or inspector if he or she ceases to be an officer of, or an employee in, a Department administering a provision of the new Act.
Persons covered by arrangements under section 36 of Parks Act (4) If a person was appointed as a warden, ranger or inspector for the purposes of the new Act because of subitem (1) or (2) because he or she was an officer or employee referred to in section 36 of the Parks Act, he or she ceases to be a warden, ranger or inspector for the purposes of the new Act:
(a) at the end of the period for which he or she was appointed under the Parks Act, if he or she was appointed for a specified period; or
(b) at the end of the period for which the relevant arrangement under section 36 of the Parks Act would have continued in force if that Act had not been repealed, if the arrangement was in force for a specified period; or
(c) 6 months after the commencement of the new Act, if neither paragraph (a) nor paragraph (b) applies.
Termination of appointments (5) This item does not prevent the revocation of an instrument of appointment.
Identity cards for wardens and rangers (6) An identity card issued under section 39 of the Parks Act to a person who is appointed as a warden or ranger for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 395 of the new Act.
Identity cards for inspectors (7) An identity card issued under section 39 of the Parks Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 399 of the new Act.
10
Saving of regulations applied as by‑laws for Aboriginal Land in Jervis Bay Territory The repeal of the Parks Act does not affect any by‑law that:
(a) was made under section 52A of the
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 ; and(b) applied a regulation made under the Parks Act; and
(c) was in force immediately before the commencement of the new Act.
11
Transitional provision—approved wildlife programs
(1) In this item:
approved management program means a program for the management of a species that was declared to be an approved management program by a declaration in force under regulation 58 of the National Parks and Wildlife Conservation Regulations immediately before the commencement of the new Act.(2) So far as a provision of the new Act listed in subitem (3) relates to the taking of an action:
(a) relating to a species that is:
(i) a subject of an approved management program; and
(ii) either listed under the Division of that Act in which the provision occurs or, in the case of the provision of that Act listed in paragraph (3)(b), a cetacean species; and
(b) in a Territory where the program applies;
the provision has effect as if a reference in the provision to the taking of an action not being inconsistent with a wildlife conservation plan for that species that is in force included a reference to the taking of an action not being inconsistent with the program for that species.
(3) Subitem (2) applies in relation to the following provisions of the new Act:
(a) subparagraph 216(3)(b)(ii);
(b) subparagraph 238(3)(b)(ii);
(c) subparagraph 258(3)(b)(ii).
(4) When taking an action in a Territory where an approved management program applies, a Commonwealth agency (as defined in the new Act) must take all reasonable steps to act in accordance with the program.
(5) This item does not apply in relation to an approved management program for a species after:
(a) a recovery plan for the species has been made or adopted for the species under the new Act; or
(b) a wildlife conservation plan for the species has been made or adopted under section 285 of the new Act.
As at 21 March 2000 the amendments are not incorporated in this consolidation.
Audit (Transitional and Miscellaneous) Amendment Act 1997 (No. 152, 1997)
4
Some amendments in Schedule 2 may not take effect or may take effect in a modified way
(3) If:
(a) an Act is amended by Schedule 2; and
(b) the short title of the Act is changed on or before the commencement of that Schedule;
the amendment made by Schedule 2 has effect as an amendment of the Act under its new short title.
This Schedule binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.
2
This Schedule extends to things outside Australia This Schedule extends to acts, omissions, matters and things outside Australia.
In this Schedule, unless the contrary intention appears:
Audit Act means theAudit Act 1901 .
Commercial Activities Fund means the Commercial Activities Fund established by theFinancial Management and Accountability Act 1997 .
Finance Minister means the Minister who administers this Act.
new Loan Fund means the Loan Fund established by theFinancial Management and Accountability Act 1997 .
old Loan Fund means the Loan Fund established by the Audit Act.
old Trust Fund means the Trust Fund established by the Audit Act.
replacement Acts means theAuditor‑General Act 1997 , theFinancial Management and Accountability Act 1997 and theCommonwealth Authorities and Companies Act 1997 .
Reserved Money Fund means the Reserved Money Fund established by theFinancial Management and Accountability Act 1997 .
(1) Money in the old Loan Fund immediately before the commencement of this Schedule must be transferred to the new Loan Fund.
(2) If:
(a) immediately before the commencement of this Schedule, money was in an account (however described) that was established or continued in existence by an Act that is amended by Schedule 2 to this Act; and
(b) that account formed part of the old Trust Fund;
the money must be transferred from that account to the component of the Reserved Money Fund that is established to replace that account.
(3) If an amendment made by Schedule 2 substitutes a component of the Reserved Money Fund for an account (however described), any reference in any Act or other instrument to that component is to be read as including a reference to the account for which it is substituted, unless the context otherwise requires.
(4) Money in the old Trust Fund immediately before the commencement of this Schedule (other than money covered by subitem (2)) must be transferred to components of the Reserved Money Fund and Commercial Activities Fund that are established by determinations under subsections 20(2) and 21(2) of the
Financial Management and Accountability Act 1997 .(5) The disallowance rules in section 22 of the
Financial Management and Accountability Act 1997 do not apply to an original determination made for the purposes of subitem (4) of this item. However, the disallowance rules do apply to any revocation or variation of an original determination.(6) The old Loan Fund and the old Trust Fund are appropriated for the purposes of this item.
The person holding office as Auditor‑General under the Audit Act immediately before the commencement of this Schedule holds office after the commencement of this Schedule as if the person had been properly appointed as Auditor‑General under the
Auditor‑General Act 1997 for the remainder of the period of 10 years that started when the person was appointed under the Audit Act.
(1) This item applies if, immediately before the commencement of this Schedule, an arrangement was in operation under section 48K of the Audit Act for a person to perform the functions of the Independent Auditor under the Audit Act.
(2) The person is taken to be properly appointed on the commencement of this Schedule as the Independent Auditor under the
Auditor‑General Act 1997 .(3) The appointment is for a term that commences on the commencement of this Schedule and ends on the expiry of the arrangement referred to in subitem (1).
(4) While the person holds office as Independent Auditor in accordance with this item, the person is entitled to be paid fees and allowances in accordance with the arrangement referred to in subitem (1), but is not entitled to be paid fees or allowances under clause 3 of Schedule 2 to the
Auditor‑General Act 1997 .
(1) In this item:
preserved provisions means section 70D of the Audit Act and the regulations made for the purposes of that section.
replacement provisions means section 56 of theAuditor‑General Act 1997 , section 46 of theCommonwealth Authorities and Companies Act 1997 and section 58 of theFinancial Management and Accountability Act 1997 .(2) The preserved provisions continue to have effect until the first regulations are in operation for the purposes of the replacement provisions.
(3) If those first regulations, or any of them, are later disallowed by a House of the Parliament, the preserved provisions continue to have effect, to the extent that they cover matters no longer covered by regulations in operation under the replacement provisions, until further regulations are in operation under those provisions that cover those matters.
(1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made:
(a) providing for bank accounts under section 21 of the Audit Act to continue in effect as official accounts for the purposes of the
Financial Management and Accountability Act 1997 ; and(b) for other transitional matters arising out of the repeal of the Audit Act or the enactment of the replacement Acts, or the transition from the Audit Act to the replacement Acts; and
(c) for other transitional matters arising out of the amendments made by Schedules 2 and 3.
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