Public Reserves Act 1997 (NI)

Public Reserves Act 1997

No. 8, 1997

Compilation No. 4

Compilation date: 8 February 2023

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (Fire Control) Ordinance 2023 (F2023L00091)

Note: The formatting of this compilation was updated in 2023 to align with current formatting practices.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Objects

4 Interpretation

5 Application to National Park and Botanic Garden

Part 2—Public reserves

6 Declaration

7 Consistency with Norfolk Island Plan

Part 3—Plans of management

8 Establishment

9 Applying, adopting or incorporating other instruments

10 Draft plans

11 Public consultation

12 Gazette notice

14 Making

15 Notification and commencement

16 Variation

17 Public inspection

Part 4—Management of reserves

Division 1—Officials

18 Conservator of Public Reserves

19 Acting Conservator

20 Functions of Conservator

21 General powers of Conservator

22 Rangers

23 Exercise of powers generally

24 Identity cards

Division 2—Permits for controlled activities

25 Application for permit

26 Determination of applications

27 Notice of determination

28 Duration of permit

29 Surrender

30 Cancellation

31 Review of permit decisions

Division 3—Miscellaneous

32 Directions by rangers

33 Contravention of directions

34 Temporary closure

35 Permits suspended while reserve closed

36 Access to closed reserve

Part 4A—The cemetery

Division 1—Preliminary

36A Definitions

Division 2—Burial

36B Graves

36C Burial fees

Division 3—Miscellaneous

36D Sexton

Part 5—Controlled activities

37 Approvals

38 Littering

39 Depositing commercial waste

40 Lighting fires

41 Camping

42 Interfering with natural features or structures

43 Plants

44 Motor vehicles

45 Horse-riding

46 Commercial activities

47 Activities inconsistent with plan of management

Part 6—Transitional

48 Interpretation

49 Repeal

50 Continuation of former commons and public reserves

Part 7—Miscellaneous

51 False information

52 Obstruction of officials

53 Delegation

54 Regulations

54A Regulations for Part 4A

Endnotes

Public Reserves Act 1997

An Act relating to public reserves

Part 1—Preliminary

1  Short title

  This Act may be cited as the Public Reserves Act 1997.

2  Commencement

 (1) Section 1 and this section commence on the day on which notification of Assent is published in the Gazette.

 (2) The remaining provisions commence on a day, or respective days, fixed by the Administrator by notice in the Gazette.

3  Objects

 (1) The objects of this Act are to protect and conserve public reserves so as to—

 (a) promote the conservation of the natural environment and landscape beauty of Norfolk Island;

 (b) promote the conservation of the heritage of Norfolk Island; and

 (c) preserve the way of life and the quality of life of the people of Norfolk Island.

 (2) In interpreting this Act, a construction that would promote the objects shall be preferred to a construction that would not promote the objects.

4  Interpretation

 (1) In this Act, unless the contrary intention appears—

approved, in relation to a place or thing in a reserve, has the meaning given by section 37.

Conservator means the Conservator of Public Reserves appointed under section 18.

controlled activity means an activity to which Part 5 applies.

Norfolk Island Plan means the Norfolk Island Plan in force under the Planning Act 1996.

permit means a permit in force under this Act.

plan of management, in relation to a reserve, means the plan of management for the reserve in force under this Act.

plant means—

 (a) any member, alive or dead, of the plant kingdom or the fungus kingdom; or

 (b) any part of such a member; or

 (c) seeds.

ranger means a ranger appointed under section 22.

reserve means—

 (a) land for which a declaration under section 6 is in force;

 (b) a former common continuing in existence as a reserve by virtue of section 50; or

 (b) a former reserve continuing in existence as a reserve by virtue of section 50.

structure means a thing constructed by human agency and attached to land, or buried within land.

 (2) A reference in this Act to a closed reserve shall be read as a reference to a reserve, or part of a reserve, for which a declaration under section 34 is in force.

5  Application to National Park and Botanic Garden

  This Act does not apply to land located in the Norfolk Island National Park or the Norfolk Island Botanic Garden.

Part 2—Public reserves

6  Declaration

 (1) The Administrator may declare an area of Crown land to be a public reserve.

 (2) A public reserve declared under subsection 6(1) or continued in existence under section 50 shall be under the care and control of the Administrator.

 (3) A declaration shall be made by notice published in the Gazette specifying the area of land to which it applies.

7  Consistency with Norfolk Island Plan

  An area may not be declared to be public reserve unless its use as a public reserve is consistent with the Norfolk Island Plan.

Part 3—Plans of management

8  Establishment

 (1) There shall be a plan of management for each reserve.

 (2) A plan of management shall promote the objects of this Act and shall include—

 (a) a description of the area of the reserve;

 (b) the objectives of the plan;

 (c) the measures by which the objectives are to be attained; and

 (d) the means by which the effectiveness of those measures is to be assessed.

 (3) Without limiting the generality of subsection 8(1), a plan of management may include—

 (a) a description of any collaborative arrangements between the Conservator and other authorities concerning the management and use of the reserve; and

 (b) general guidelines, consistent with the other provisions of this Act, for the exercise of powers, or the performance of functions, under this Act.

9  Applying, adopting or incorporating other instruments

  A plan of management may make provision in relation to a matter by applying, adopting or incorporating, with or without modification any matter contained in an instrument in force at a particular time or as in force from time to time.

10  Draft plans

  The Chief Executive Officer shall prepare a draft plan of management for a reserve as soon as practicable after the reserve has been declared.

11  Public consultation

  For the purpose of preparing a draft plan of management, the Chief Executive Officer shall ensure that—

 (a) public submissions about the draft plan are invited by notice published in the Gazette; and

 (b) such other measures are taken as he or she considers appropriate for ascertaining public opinion about the draft plan and responding to such opinion.

12  Gazette notice

  The Gazette notice referred to in section 11 shall indicate—

 (a) where and when the draft plan is available for inspection by members of the public; and

 (b) where and by when submissions are to be lodged.

14  Making

  At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.

15  Notification and commencement

 (1) Notice of the making of a plan of management shall be published in the Gazette.

 (2) A provision of a plan of management takes effect—

 (a) on the day on which the notice is published the Gazette; or

 (b) if the plan specifies a later date of effect for the provision—on that later date.

 (3) The notice shall indicate—

 (a) where and when the plan is available for inspection; and

 (b) if paragraph 15(2)(b) applies—when the relevant provision commences.

16  Variation

 (1) The Chief Executive Officer may prepare a draft variation to a plan of management.

 (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.

17  Public inspection

  The Chief Executive Officer shall ensure that a copy of each of the following documents is available for inspection by members of the public free of charge at the office of the Conservator:

 (a) a draft plan of management in respect of which public submissions have been invited by the notice required by paragraph 11(a);

 (b) a draft variation of a plan of management in respect of which public submissions have been invited by the notice required by paragraph 11(a);

 (c) the plan of management for each reserve.

Part 4—Management of reserves

Division 1—Officials

18  Conservator of Public Reserves

 (1) There shall be a Conservator of Public Reserves.

 (2) The Conservator shall be appointed in writing by the Chief Executive Officer.

19  Acting Conservator

 (1) The Chief Executive Officer may, in writing, appoint a person to act as the Conservator—

 (a) during a vacancy in the office of the Conservator, whether or not an appointment has previously been made to the office; or

 (b) during any period, or during all periods, when the Conservator is for any reason unable to perform the functions of the office.

 (2) A person appointed to act as the Conservator during a vacancy in the office of Conservator shall not so act continuously for more than 12 months.

 (3) Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection 19(1) is not invalid on the ground that—

 (a) the appointment was ineffective or had ceased to have effect; or

 (b) the occasion to act had not arisen or had ceased.

20  Functions of Conservator

 (1) Subject to this Act, the Conservator has the following functions:

 (a) to manage each reserve in accordance with the plan of management for the reserve;

 (b) to supervise the rangers;

 (c) to advise the Chief Executive Officer on matters relating to reserves;

 (d) any function conferred on the Conservator by or under this Act or another law of Norfolk Island;

 (e) to do anything incidental or conducive to the performance of the functions mentioned above.

 (2) The Chief Executive Officer may give written directions, not inconsistent with a plan of management, to the Conservator in relation to the performance of his or her functions, either generally or in relation to a particular matter.

 (3) The Conservator shall give effect to any such direction.

21  General powers of Conservator

 (1) The Conservator has power to do all things necessary or convenient to be done in connection with the performance of his or her functions.

 (2) The Conservator may exercise any of the powers of a ranger under this Act or the Regulations.

22  Rangers

  The Chief Executive Officer may, in writing, appoint a person to be a ranger for the purposes of this Act.

23  Exercise of powers generally

  In the exercise of a power, or the performance of a function, under this Act, the Conservator or a ranger (as the case may be) shall have regard to the following matters, in addition to any other relevant matter:

 (a) the objects of this Act;

 (b) the objectives of the plan of management for the reserve concerned;

 (c) any general guidelines in the plan of management concerning the exercise of the power or the performance of the function.

24  Identity cards

 (1) The Chief Executive Officer shall issue to each ranger an identity card that specifies the ranger’s name and office.

 (2) Upon ceasing to be a ranger, a person shall not fail, without reasonable excuse, to return his or her identity card to the Chief Executive Officer.

Penalty for contravention of subsection (2): 5 penalty units.

Division 2—Permits for controlled activities

25  Application for permit

 (1) An application for a permit shall—

 (a) be in writing given to the Conservator setting out particulars of—

 (i) the controlled activity for which the permit is sought; and

 (ii) the grounds on which the application is made; and

 (b) be accompanied by the approved fee (if any).

 (2) For the purpose of determining an application, the Conservator may require an applicant to provide further particulars concerning the activity, by notice in writing given to the applicant.

26  Determination of applications

 (1) The Conservator may, on application in accordance with section 25—

 (a) grant to the applicant an unconditional permit to undertake a specified controlled activity;

 (b) grant to the applicant a permit to undertake a specified controlled activity subject to specified conditions; or

 (c) refuse to grant a permit to the applicant.

 (2) The conditions to which a permit may be subject include conditions about the following matters in relation to the activity:

 (a) the times at which it may be undertaken;

 (b) the area within which it may be undertaken;

 (c) the nature and placement of any associated signs;

 (d) the use of materials or equipment;

 (e) the use of vehicles, vessels or animals;

 (f) scientific research;

 (g) the carrying out of any works;

 (h) where the activity concerns the picking or removal of plants - the type and quantity of those plants.

27  Notice of determination

  The Conservator shall give an applicant written notice of a decision under section 26 in relation to the application.

28  Duration of permit

  A permit—

 (a) takes effect—

 (i) on the day on which it is granted; or

 (ii) if a later date of effect is specified in the permit ‑ on that later date; and

 (b) remains in force subject to this Part for the period, not exceeding 12 months, specified in the permit.

29  Surrender

  A person to whom a permit has been granted may surrender the permit by giving the Conservator written notice of the surrender together with the permit.

30  Cancellation

 (1) The Conservator may cancel a permit granted to a person if—

 (a) the person is convicted of an offence against this Act or the Regulations; or

 (b) the Conservator believes on reasonable grounds that—

 (i) the person has contravened a condition to which the permit is subject; or

 (ii) the circumstances taken into account in granting the permit have so changed as to require the cessation of the activity to which the permit relates.

 (2) The Conservator shall cancel a permit—

 (a) by giving written notice of the cancellation to the person to whom the permit was granted; or

 (b) if the Conservator believes on reasonable grounds that it is not practicable to give such written notice—by notice published in the Gazette.

31  Review of permit decisions

  Application may be made to the Administrative Review Tribunal for the review of the following decisions of the Conservator:

 (a) a decision to grant a permit, so far as the decision relates to the duration of the permit;

 (b) a decision to grant a permit subject to conditions, so far as the decision relates to the imposition of conditions;

 (c) a decision to refuse to grant a permit;

 (d) a decision to cancel a permit, except where the cancellation is because of a conviction of an offence against this Act or the Regulations.

Division 3—Miscellaneous

32  Directions by rangers

 (1) A ranger, who believes on reasonable grounds that a person is undertaking a controlled activity in a reserve, may direct the person to produce a permit for the activity for inspection.

 (2) A person shall be taken to have complied with a direction under subsection 32(1) if he or she produces the permit for inspection at the office of the Conservator within 3 days after the direction was given.

 (3) A ranger, who believes on reasonable grounds that a person in a reserve is committing, or has committed, an offence against this Act or the Regulations, may direct the person—

 (a) to state his or her full name and principal place of residence; or

 (b) to leave the reserve or an area of the reserve specified in the direction.

 (4) A direction under subsection 32(1) or 32(3) may be given orally or in writing.

 (5) A person does not have to comply with a direction under subsection 32(1) or 32(3) if, on request by the person, the ranger does not produce his or her identity card for inspection by the person.

33  Contravention of directions

  A person shall not, without reasonable excuse, contravene a direction under subsection 32 (1) or 32(3).

Penalty: 10 penalty units.

34  Temporary closure

 (1) The Conservator may declare a reserve to be closed to the public for a period not exceeding 3 months if he or she believes on reasonable grounds that it is necessary to do so—

 (a) to protect public safety;

 (b) to protect or conserve the reserve in accordance with the plan of management; or

 (c) to undertake works or other measures in accordance with the plan of management.

 (2) A declaration shall be made by notice published in the Gazette specifying—

 (a) the reserve concerned; and

 (b) the period during which the declaration is to remain in force.

 (3) A declaration—

 (a) takes effect—

 (i) on the day on which it is published in the Gazette; or

 (ii) if it specifies a later date of effect—on that later date; and

 (b) unless revoked, remains in force for the period specified in the declaration.

 (4) In this section—

reserve includes part of a reserve.

35  Permits suspended while reserve closed

  A permit to undertake an activity in a reserve has no effect while the reserve is closed.

36  Access to closed reserve

 (1) A person shall not enter, or remain in, a closed reserve after being informed by a ranger that the reserve is closed.

Penalty: 10 penalty units.

 (2) Subsection 36(1) does not apply to—

 (a) the Conservator;

 (b) a ranger; or

 (c) a person authorised in writing by the Conservator to enter, or remain in, the reserve for a purpose connected with a matter referred to in subsection 34(1).

Part 4A—The cemetery

Division 1—Preliminary

36A  Definitions

  In this Part―

cemetery means that part of the Cemetery Reserve established in accordance with the Public Reserves Act 1997 that is set aside for burial purposes.

the sexton means the person appointed in accordance with section 36D or a person acting in his or her stead.

Division 2—Burial

36B  Graves

  The Regulations may determine arrangements for the designation of sites for, and the digging of graves, within the cemetery.

36C  Burial fees

  The approved fee is payable for burial and grave digging.

Division 3—Miscellaneous

36D  Sexton

 (1) For the purposes of this Act, the Administrator may appoint the sexton.

 (2) The sexton holds office for such period being not more than 3 years, and upon such terms as the Administrator may determine.

 (3) At the expiration of his or her term of appointment the sexton may be reappointed upon the same or different terms.

 (4) The sexton is responsible for the day to day management and control of the cemetery and has such duties as may be determined by law or the terms of appointment.

 (5) Notwithstanding subsection (4), the powers of the sexton must be exercised subject to any lawful directions of the Conservator.

 (6) If at any time the sexton is unable to perform his or her duties under this Act the Administrator may appoint a person to act in the place of the sexton for such time and upon such conditions as the Administrator determines.

Part 5—Controlled activities

37  Approvals

  In this Part, unless the contrary intention appears, a reference to an approval for a purpose in relation to a reserve shall—

 (a) in any case—be read as a reference to an approval for the purpose by or in accordance with—

 (i) the plan of management for the reserve; or

 (ii) a notice published in the Gazette by the Conservator; and

 (b) in relation to a particular person—be read as including a reference to an approval for the purpose by or in accordance with a permit granted to the person.

38  Littering

 (1) A person shall not deposit litter in a reserve except in an area, or a receptacle, approved for the purpose.

Penalty: 10 penalty units.

 (2) In this section—

litter includes—

 (a) refuse, garbage, rubble and waste of any description; and

 (b) any other matter or thing of a like nature that, whilst in or on a reserve, causes or contributes to the defacement or defilement of the reserve.

39  Depositing commercial waste

 (1) A person shall not deposit commercial waste in a reserve except in accordance with an approval.

Penalty: 20 penalty units.

 (2) In this section—

commercial waste means—

 (a) waste resulting from institutional, commercial or industrial activities; or

 (b) waste collected and transported in the course of business.

40  Lighting fires

  A person shall not light, use or maintain a fire in a reserve except in—

 (a) a fireplace approved for the purpose; or

 (b) a portable gas or electric barbecue or a portable gas or electric stove; or

 (c) a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; or

 (d) accordance with the Fire Control Act 2000.

Penalty: 10 penalty units.

41  Camping

  A person shall not camp overnight in a reserve except in an area approved for the purpose.

Penalty: 10 penalty units.

42  Interfering with natural features or structures

 (1) A person shall not interfere with—

 (a) a natural feature in a reserve; or

 (b) a structure in a reserve,

except in accordance with an approval.

Penalty: 10 penalty units.

 (2) In this section—

interfere includes remove, move, damage, deface, obscure and tamper.

43  Plants

  A person shall not—

 (a) pick a plant in a reserve; or

 (b) remove a plant from a reserve,

except in accordance with an approval.

Penalty: 10 penalty units.

44  Motor vehicles

  A person shall not use or leave a motor vehicle in a reserve except in or on an area approved for the purpose.

Penalty: 10 penalty units.

45  Horse-riding

  A person shall not ride a horse, or allow a horse to be, in a reserve except in an area approved for the purpose.

Penalty: 10 penalty units.

46  Commercial activities

 (1) A person shall not undertake a commercial activity in a reserve except in accordance with an approval for the activity.

Penalty: 20 penalty units.

 (2) In this section—

commercial activity means—

 (a) supplying, or offering to supply, goods or services; or

 (b) producing goods;

in the course of a business, trade, profession or calling.

47  Activities inconsistent with plan of management

 (1) A person shall not use an area of a reserve for an activity if its use for such an activity is inconsistent with the plan of management.

 (2) If a plan of management for a reserve provides that an activity of a specified kind shall not be undertaken except in accordance with a permit, a person shall not undertake an activity of that kind in the reserve except in accordance with a permit.

Penalty for a contravention of subsection 47(1) or 47(2): 10 penalty units.

Part 6—Transitional

48  Interpretation

 (1) In this Part—

commencement day means the day on which Part 2 commences.

former Act means the Commons and Public Reserves Act 1936 as in force immediately before the commencement day.

former common means—

 (a) a common in existence under the former Act; or

 (b) land deemed to be declared as a common under the former Act.

former reserve means—

 (a) a public reserve in existence under the former Act; or

 (b) land deemed to be declared as a public reserve under the former Act.

49  Repeal

  The following Acts are repealed:

 (a) Commons and Public Reserves Act 1936;

 (b) Commons and Public Reserves Amendment Act 1994.

50  Continuation of former commons and public reserves

 (1) Despite the repeal of the former Act—

 (a) a former common continues in existence as a reserve with the same name; and

 (b) a former reserve continues in existence as a reserve with the same name;

subject to the other provision of this Act.

 (2) For the purposes of subsection 33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979—

 (a) a reserve to which subsection 50(1) applies shall be taken to have been declared under section 6 on the commencement day; and

 (b) a declaration under section 6 that is expressed to apply to a declaration that is to be taken to have been made on the commencement day has effect as if the latter declaration had been made under section 6.

Part 7—Miscellaneous

51  False information

  A person shall not, in relation to any matter arising under this Act, knowingly make a statement to the Conservator or a ranger, whether orally or in writing, that is false or misleading in a material particular.

Penalty: 10 penalty units or imprisonment for 6 months, or both.

52  Obstruction of officials

  A person shall not, without reasonable excuse, obstruct or hinder the Conservator or a ranger in the exercise of a power or the performance of a function under this Act.

Penalty: 10 penalty units or imprisonment for 6 months, or both.

53  Delegation

  The Conservator may delegate in writing any of the Conservator’s powers under this Act to a ranger.

54  Regulations

 (1) The Administrator may make Regulations, not inconsistent with this Act, 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) The Regulations may prescribe a penalty not exceeding 5 penalty units for a contravention of the Regulations.

54A  Regulations for Part 4A

  For the purposes of Part 4A, the Administrator may make Regulations for or with respect to—

 (a) prescribing rules for or with respect to the general care, protection and management of the cemetery;

 (c) forms;

 (d) prescribing information;

 (e) the protection of public health and the maintenance of public order in the cemetery;

 (f) the care, protection and management of the cemetery;

 (g) the interment or other disposition of human remains in the cemetery;

 (h) the structure, maintenance and management of memorials, places of interment and buildings for ceremonies in the cemetery;

 (i) the disposition or interment of cremated human remains;

 (j) prescribing penalties not exceeding 20 penalty units for a contravention of the Regulations made under this section.

Endnotes

Legislation history

The Public Reserves Act 1997 as shown in this compilation comprises Act No. 8 of 1997 and amendments as indicated in the Tables below.

Note: The amendment history in the Table of Amendments below reflects the amendment of this title by the Norfolk Island Continued Laws Ordinance 2015 (Ord No 2, 2015) incorporating all amendments to the Norfolk Island Continued Laws Ordinance 2015 up to the compilation date. The as amended by information is not referenced in the Table of Amendments but can be seen in the legislation history above.

Table of Amendments