Nature Conservation Amendment Act 2024 (ACT)
Nature Conservation Amendment Act 2024
A2024-38
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Chapter 6 exceptionsSection 153 (2) (a) (ii) and note 2
5 Section 153 (2) (a) (v), note 2
6 Sections 213 to 215 2
7 Chapter 9 exceptionsSection 252 (2) (a) (ii) and note 5
8 Section 252 (2) (a) (iv), note 5
9 New section 252 (3) 5
10 Chapter 10, note 5
11 Conservator may make activities declarationsSection 256 (1) 5
12 Offence—enter closed reserveSection 260 (1) (b) 6
13 Part 10.2 exceptionsSection 261 (2) (c), except note 6
14 New section 261 (4) 6
15 Direction to leave reserveNew section 325 (2A) 6
16 Section 327 heading 7
17 Section 327 (1), except note 7
18 New section 327 (6) 7
Nature Conservation Amendment Act 2024
A2024-38
An Act to amend the Nature Conservation Act 2014
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Nature Conservation Amendment Act 2024.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Nature Conservation Act 2014.
Chapter 6 exceptions
Section 153 (2) (a) (ii) and notesubstitute
(ii)undertaken in accordance with a management agreement under chapter 12; or
Section 153 (2) (a) (v), note
substitute
NoteFisheries management plan—see the dictionary.
Sections 213 to 215
substitute
Offence—entry fee for reserve not paid
(1)A person commits an offence if—
(a)the Minister has determined an entry fee under section 368 in relation to the person’s entry to a reserve; and
(b)the person enters, or remains in, the reserve; and
(c)the entry fee is not paid.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
(3)A person has the benefit of the chapter 9 exceptions for an offence against this section.
NoteThe chapter 9 exceptions are set out in s 252.
Offence—take or allow non-native animal into reserve
(1)A person commits an offence if—
(a)the person—
(i)takes an animal that is not a native animal into a reserve; or
(ii)allows an animal that is not a native animal to enter, or remain in, a reserve; and
(b)the person is the animal’s keeper.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply if—
(a)the person only travels through the reserve by road in a motor vehicle with the animal; and
(b)the animal is confined in the motor vehicle while in the reserve.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note 1The chapter 9 exceptions are set out in s 252.
Note 2A person does not commit an offence only because the person is accompanied by an assistance animal and takes, or allows, the animal into any part of a reserve that is a public place or public premises (see Domestic Animals Act 2000, s 106C).
Offence—feed animal in reserve
(1)A person commits an offence if the person—
(a)feeds an animal; and
(b)the animal is in a reserve.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply if—
(a)the animal is allowed to enter, or remain in, the reserve under this Act or another law applying in the ACT; and
(b)the person is the animal’s keeper or is allowed by the keeper to feed the animal.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)A person has the benefit of the chapter 9 exceptions for an offence against this section.
NoteThe chapter 9 exceptions are set out in s 252.
(5)In this section:
feed, an animal, includes make food available to the animal.
Chapter 9 exceptions
Section 252 (2) (a) (ii) and notesubstitute
(ii)undertaken in accordance with a management agreement under chapter 12; or
Section 252 (2) (a) (iv), note
omit
New section 252 (3)
after the notes, insert
(3)In this section:
minor public works—see the Planning (General) Regulation 2023, schedule 1, section 1.1.
Chapter 10, note
substitute
NoteIf land in a reserve is public unleased land, the provisions of the Public Unleased Land Act 2013 apply. For example, a person wishing to camp in a reserve may need a public unleased land permit if the camping is not authorised under this Act.
Conservator may make activities declarations
Section 256 (1)substitute
(1)This section applies if the conservator reasonably believes that an activity, if carried out in a reserve, may have a negative impact on—
(a)the reserve; or
(b)a person in the reserve.
Offence—enter closed reserve
Section 260 (1) (b)substitute
(b)the person enters, or remains in, the reserve in contravention of the declaration.
Part 10.2 exceptions
Section 261 (2) (c), except notesubstitute
(c)the conduct constituting the offence is undertaken—
(i)in accordance with—
(A)a cultural resource management plan; or
(B)a management agreement under chapter 12; or
(ii)in carrying out minor public works on a reserve in accordance with a minor public works code approved by the conservator of flora and fauna under section 318A.
New section 261 (4)
after the notes, insert
(4)In this section:
minor public works—see the Planning (General) Regulation 2023, schedule 1, section 1.1.
Direction to leave reserve
New section 325 (2A)insert
(2A)A leave reserve direction must state—
(a)the location of the reserve; and
(b)that the person may return to the reserve only after—
(i)if a closed reserve declaration under section 259 is in force for the reserve—the declaration ends; or
(ii)in any other case—a stated time not more than 24 hours after the direction is given to the person.
NoteIt is an offence to enter, or remain in, a reserve if a closed reserve declaration is in force for the reserve (see s 260).
Section 327 heading
substitute
Direction to stop vehicle
Section 327 (1), except note
substitute
(1)This section applies if a conservation officer suspects on reasonable grounds that a vehicle, or something in a vehicle, is connected with an offence against this Act.
New section 327 (6)
before the note, insert
(6)In this section:
connected—see section 337.
offence—see section 337.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 11 April 2024.
Notification
Notified under the Legislation Act on 12 September 2024.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Nature Conservation Amendment Bill 2024, which was passed by the Legislative Assembly on 27 August 2024.
Clerk of the Legislative Assembly
© Australian Capital Territory 2024
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