South Australia: National Parks and Wildlife Act 1972 (SA)

South Australia National Parks and Wildlife Act 1972 An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes. Contents Part 1—Preliminary 1 Short title 5 Interpretation Part 2—Administration Division 1—General administrative powers 6 Constitution of Minister as a corporation sole 9 Power of acquisition 10 Research and investigations 11 Wildlife Conservation Fund 11A Director of National Parks and Wildlife 12 Delegation 13 Information to be included in annual report 14 Minister not to administer this Act Division 2—The Parks and Wilderness Council 15 Establishment and membership of Council 16 Terms and conditions of membership 17 Remuneration 18 Vacancies or defects in appointment of members 19 Direction and control of Minister 19A Proceedings of Council 19B Conflict of interest under Public Sector (Honesty and Accountability) Act 19C Functions of Council 19D Annual report Division 3—Appointment and powers of wardens 20 Appointment of wardens 21 Assistance to warden 22 Powers of wardens 23 Forfeiture 24 Hindering of wardens etc 24A Offences by wardens etc 25 Power of arrest 26 False representation Part 3—Reserves and sanctuaries Division 1—National parks 27 Constitution of national parks by statute 28 Constitution of national parks by proclamation 28A Certain co‑managed national parks cease on termination of co‑management agreement Division 2—Conservation parks 29 Constitution of conservation parks by statute 30 Constitution of conservation parks by proclamation 30A Certain co‑managed conservation parks cease on termination of co‑management agreement Division 3—Game reserves 31 Constitution of game reserves by statute 32 Constitution of game reserves by proclamation Division 4—Recreation parks 33 Constitution of recreation parks by statute 34 Constitution of recreation parks by proclamation Division 4A—Regional reserves 34A Constitution of regional reserves by proclamation Division 4B—Native title 34B Native title in relation to reserves Division 5—Control and management of reserves 35 Control of reserves 36 Management of reserves 37 Objectives of management 38 Management plans 39 Creation of zones within a reserve 40 Implementation of management plan 40A Agreement as to conditions Division 6—Miscellaneous provisions relating to reserves 41 Approval of proposal for constitution of reserve 41A Alteration of boundaries of reserves 42 Prohibited areas 43 Rights of prospecting and mining 43A Prospecting and mining in regional reserves 43AB Power to prohibit prospecting and mining in the Innamincka Regional Reserve 43AC Ikara-Flinders Ranges National Park 43B Entry onto reserves for purpose of investigation and survey 43C Entrance fees etc for reserves Division 6A—Provisions relating to co‑managed parks Subdivision 1—Preliminary 43D Application 43E Objects Subdivision 2—Co‑management agreements 43F Co‑management agreement Subdivision 3—Co‑management Boards 43G Establishment of co‑management boards by regulation 43H Corporate nature of co‑management board 43I Dissolution or suspension of co‑management boards Subdivision 4—Miscellaneous 43J Staff 43K Accounts and audit 43L Annual report Division 7—Sanctuaries 44 Establishment of sanctuaries 45 Protection of animals and plants in sanctuary Part 3A—Development Trusts Division 1—Development Trusts 45A Interpretation and application 45B Development Trusts 45C Trust to be body corporate 45D Appointment of members to a Trust 45E Chairman and meetings of a Trust 45F Functions of Trust 45G Trust may delegate 45H Staff of a Trust 45I Acquisition of land 45J Financial provisions 45L Dissolution of a Trust Division 2—The General Reserves Fund 45M Establishment of Fund 45N Investment of the fund 45O Accounts and auditing Part 4—Conservation of native plants 46 Application of this Part 47 Unlawful taking of native plants 48 Unlawful disposal of native plants 48A Illegal possession of native plants 49 Permits 49A Permits for commercial purposes Part 5—Conservation of native animals Division 1—Application of this Part 50 Application of this Part Division 2—Restrictions upon the taking of protected animals 51 Taking of protected animals etc 52 Open season 53 Permits to take protected animals 53A Review by Tribunal 54 Dangerous magpies and poisonous reptiles Division 3—Release of protected animals 55 Restriction on release of protected animals Division 4—Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals 58 Keeping and sale of protected animals 58A Restriction on keeping protected animals in certain areas 59 Export and import of protected animals and native plants 60 Illegal possession of animals etc Division 4A—Farming of protected animals 60B Interpretation 60BA Declaration of species for trial farming 60C Permit for farming protected animals 60D Code of management 60E Royalty 60F Application of fees and royalty Division 4B—Harvesting of protected animals 60G Application of Division 60H Interpretation 60I Plan of management 60J Permit for harvesting protected animals 60K Royalty 60L Application of fees and royalty Division 5—Royalty 61 Royalty 62 Demand for royalty 63 Recovery of royalty by civil action Division 6—General provisions 64 Unlawful entry on land 65 Use of poison 66 Restriction on use of certain devices 67 Devices for the illegal taking of animals 68 Molestation etc of protected animals 68AA Prohibition on destroying, damaging or disturbing wombat burrow Part 5A—Hunting Division 1—Hunting generally 68A Hunting permits 68B Unlawful entry on land Division 2—Hunting and food gathering by Aboriginal persons 68C Interpretation 68D Hunting and food gathering by Aboriginal persons 68E Exemption from requirement to hold hunting permit Part 6—Miscellaneous provisions 69 Permits 70 Obligation to produce permit 70A Failure to comply with authority 71 Duplicate 72 False or misleading statement 73 Offences against provisions of proclamations and notices 73A Liability of vehicle owners and expiation of certain offences 74 Additional penalty 74A Maximum penalties in relation to wilderness protection areas and zones 75 Evidentiary provisions 75A Defence 77 Powers of court 78 Financial provision 79 Wilful damage to reserve or property of Minister or relevant board 80 Regulations 81 Codes of practice etc Schedule 3—National parks Schedule 4—Conservation parks Schedule 5—Game reserves Schedule 6—Recreation parks Schedule 7—Endangered species Part 1—Animals Part 2—Plants Schedule 8—Vulnerable species Part 1—Animals Part 2—Plants Schedule 9—Rare species Part 1—Animals Part 2—Plants Schedule 10—Unprotected species Schedule 11—Species to which Part 5 Division 4A applies Schedule 12—Dissolution of General Reserves Trust 1 Interpretation 2 Dissolution of General Reserves Trust 3 Vesting of property etc in Minister Schedule 13—Transitional provision relating to Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 1 Transitional regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the National Parks and Wildlife Act 1972. 5—Interpretation In this Act, unless the contrary intention appears— Aboriginal means of, or pertaining to, the people who inhabited Australia before European colonisation or their descendants; Aboriginal-owned land means land the fee simple in which is vested in— (a) the Aboriginal Lands Trust; or (b) a body that represents the interests of the relevant Aboriginal group; Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent; Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; aircraft includes a glider or balloon capable of carrying a person; appointed member in relation to the Council means a member of the Council appointed by the Governor under Part 2 Division 2; animal includes any species of animal; carcass of an animal means the whole or any part of— (a) the flesh or internal organs of the animal; or (b) the feathers, wool, hair, skin or hide of the animal; or (c) the bones, horns or hooves of the animal; the Chief Executive means the person appointed to, or assigned to act in, the position of Chief Executive of the Department; co‑managed park means a national park or conservation park in relation to which a co‑management agreement is in force under Part 3; co-management advisory committee means a co‑management advisory committee under section 43F(2a)(b)(ii); co‑management agreement means a co‑management agreement under Division 6A of Part 3; co‑management board for a co‑managed park means a board established under Division 6A of Part 3, or under any other Act, to manage the co‑managed park; conservation park means land constituted, and for the time being continuing, as a conservation park under Part 3; controlled species means a species of animal declared to be a controlled species pursuant to this Act; Council means the Parks and Wilderness Council established under section 15; Crown land means— (a) unalienated land of the Crown; or (b) land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown; day means any period of 24 hours, commencing at midnight; the Department means the administrative unit that is responsible for the administration of this Act; device means any trap, net, snare or other device for taking or facilitating the taking of animals and includes any substance that can be used for that purpose; Director means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife (see section 11A); egg includes any part of an egg or egg shell; endangered species means a species of animal or plant referred to in Schedule 7; firearm includes any device from which any kind of shot, bullet, or other missile can be discharged; forest reserve means a forest reserve within the meaning of the Forestry Act 1950; game reserve means land constituted, and for the time being continuing, as a game reserve under Part 3; land includes waters; marine mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea); mining Act means the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; mining production tenement means— (a) a mining lease, or a miscellaneous purposes licence, granted under the Mining Act 1971; (ab) a registered precious stones claim or a registered opal development lease registered under the Opal Mining Act 1995; (b) a production licence or a pipeline licence granted under the Petroleum Act 2000; (c) a production licence, or pipeline licence, granted under the Petroleum (Submerged Lands) Act 1982; (d) a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000; mining tenement means a claim, lease, licence, permit or other authority granted under a mining Act; minor alterations or additions to a public road means alterations or additions by way of realignment or reforming of a public road that are desirable in the interests of safety; Murray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; national park means land constituted, and for the time being continuing, as a national park under Part 3; native plant means any plant that is indigenous to Australia and includes any plant of a species declared by regulation to be a native plant; owner in relation to land, means the holder of any estate or interest in the land, and includes— (a) the occupier of the land; or (b) a person to whom the care, control and management of the land has been committed; plant means vegetation of any species including— (a) its flowers; or (b) its seeds; or (c) any other part of the vegetation; premises includes vacant land; private land means any land except Crown land; prohibited species means a species of animal declared to be a prohibited species pursuant to this Act; protected animal means— (a) any mammal, bird or reptile indigenous to Australia; or (b) any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or (c) any animal of a species referred to in Schedule 7, 8 or 9; or (d) any animal of a species declared by regulation to be a species of protected animals, but does not include animals of the species referred to in Schedule 10 or any animals declared by regulation to be unprotected; public notice means notice published on a website determined by the Minister; public road means a road— (a) to which the public has access; and (b) which is under the control of the Commissioner of Highways or a council constituted under the Local Government Act 1999; rare species means a species of animal or plant referred to in Schedule 9; recreation park means land constituted, and for the time being continuing, as a recreation park under Part 3; relevant Aboriginal group, in relation to particular land, means an Aboriginal group or community with a traditional association with that land; relevant mining Minister in relation to a mining tenement means the Minister administering the Act under which the tenement is granted; reserve means any national park, conservation park, game reserve, recreation park or regional reserve constituted under this Act; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; sell means— (a) sell, barter or exchange; (b) agree or offer to sell, barter or exchange; (c) receive, expose, store, have in possession, send, consign or deliver for or in pursuance of sale, barter or exchange, and sale has a corresponding meaning; take— (a) with reference to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure; and (b) with reference to a plant means— (i) to remove the plant or part of the plant, from the place in which it is growing; or (ii) to damage the plant; to hunt means to take any mammal or bird that has not been domesticated or brought into captivity; traditional association, in relation to particular land, means an association with that land consisting of social, economic or spiritual affiliations with, and responsibilities for, the land in accordance with Aboriginal tradition; vehicle includes— (a) a caravan or trailer; (b) an aircraft; (c) a ship, boat or vessel; vulnerable species means a species of animal or plant referred to in Schedule 8; warden means a person for the time being holding the office of warden under this Act; wilderness protection area means land constituted as a wilderness protection area under the Wilderness Protection Act 1992; wilderness protection zone means land constituted as a wilderness protection zone under the Wilderness Protection Act 1992; wildlife means all native plants and animals indigenous to Australia existing apart from cultivation or domestication. Part 2—Administration Division 1—General administrative powers 6—Constitution of Minister as a corporation sole (1) The Minister is a corporation sole. (2) The Minister is, in that corporate capacity, capable of acquiring, holding and disposing of real and personal property and of performing any other acts that lie within the capacity of a person of full age and capacity. (3) In any legal proceedings a document apparently bearing the signature or the common seal of the Minister will, in the absence of evidence to the contrary, be taken to have been duly executed by the Minister. 9—Power of acquisition (1) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act. (2) Where a notice of intention to acquire land has been served, a person who wilfully damages the land or destroys or harms wildlife on the land is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months. (3) Where the Minister has reasonable cause to suspect that a person may act in contravention of subsection (2), the Minister may authorise a warden to enter upon the land and to exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection. (4) A warden authorised under subsection (3) may enter upon the land and use such force as may be necessary or expedient to prevent the commission of an offence under this section. 10—Research and investigations (1) The Minister may— (a) cause research to be carried out into problems relating to the conservation of wildlife; or (b) collaborate with any other person, body or authority in the conduct of any such research; or (c) cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves. (2) The Minister may make available to the public the results of any research or investigation conducted under this section. 11—Wildlife Conservation Fund (1) The Wildlife Conservation Fund is established. (2) The fund consists of— (a) money derived by the Minister from any donation or grant made for the purposes of the fund; and (b) money provided by Parliament for the purposes of the fund; and (c) money arising from any sale that the Minister is authorised to make in pursuance of powers conferred by this Act; and (ca) money arising from the sale of an animal, or the carcass or eggs of an animal, surrendered to the Minister, the Director or the Department; and (d) fees paid for permits under Part 5A; and (e) fees and royalties to be paid into the fund under any other provision of this Act; and (f) interest and accretions arising from investment of the fund. (3) Subject to this Act, the Minister may apply any portion of the fund towards— (a) the conservation of wildlife, and land constituting the natural environment or habitat of wildlife, in such manner as the Minister may, upon the recommendation of the Parks and Wilderness Council, determine; and (b) the promotion of research into problems relating to the conservation of wildlife; and (c) any other purpose for which the fund may be applied under this Act. (4) The Minister may invest any money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. 11A—Director of National Parks and Wildlife (1) The Minister may, by notice in the Gazette, appoint a Public Service employee to be the Director of National Parks and Wildlife. (2) The Minister may appoint a Public Service employee to act as the Director during any period for which— (a) no person is for the time being appointed as the Director; or (b) the Director is absent from, or unable to discharge, official duties. 12—Delegation (1) The Minister may delegate to the Chief Executive, the Director, the Council or to any other person any of the Minister's powers under this Act. (2) The Chief Executive may, with the Minister's consent, delegate to the Director, the Council or to any other person any of the powers delegated to the Chief Executive. (3) The Director may delegate to the Council or any other person any of the Director's powers under this Act, including, with the consent of the person who has delegated the power, a power delegated to the Director under this section. (4) A delegation under this section may be expressed as a delegation to a Public Service employee for the time being performing particular duties or holding or acting in a particular position. (5) A delegation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. 13—Information to be included in annual report (1) The annual report of the Department must include the following information: (a) the aggregate amount of fees paid for entrance to reserves during the relevant year; and (b) the aggregate amount paid pursuant to leases, licences and other agreements referred to in section 35 during the relevant year; and (c) the aggregate amount of fees and other charges paid for camping and other accommodation on reserves during the relevant year; and (d) the aggregate amount paid for guided tours during the relevant year. (2) Every second annual report referred to in subsection (1) must include an assessment of the desirability of amending Schedules 7, 8, 9 and 10. 14—Minister not to administer this Act The Minister administering a mining Act must not assume responsibility for the administration of this Act. Division 2—The Parks and Wilderness Council 15—Establishment and membership of Council (1) The Parks and Wilderness Council is established. (2) The Council consists of the Director and 8 other members appointed by the Minister being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience in the following areas necessary to enable the Council to carry out its functions effectively: (a) the establishment and management of reserves, wilderness protection areas and wilderness protection zones; (b) the conservation of animals, plants and ecosystems; (c) the conservation of the marine environment; (d) a scientific field relevant to the conservation of ecosystems and the relationship of wildlife with its environment; (e) Aboriginal culture and traditional associations with land; (f) community engagement and community partnerships; (g) tourism and recreational use of reserves. (3) At least 2 of the members of the Council must be men and 2 must be women. (4) 1 of the members of the Council appointed by the Minister will be appointed as the presiding member of the Council. 16—Terms and conditions of membership (1) A member appointed by the Minister will be appointed on conditions determined by the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Minister may remove an appointed member from office— (a) for breach of, or non‑compliance with, a condition of appointment; (b) for misconduct; or (c) for failure or incapacity to carry out the duties of his or her office satisfactorily. (3) The office of an appointed member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). (4) If the office of an appointed member of the Council becomes vacant a person must be appointed by the Minister in accordance with section 15 to the vacant office. 17—Remuneration A member of the Council is entitled to remuneration, allowances and expenses determined by the Minister. 18—Vacancies or defects in appointment of members An act of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 19—Direction and control of Minister The Council is subject to the direction and control of the Minister. 19A—Proceedings of Council (1) 5 of the members of the Council constitute a quorum of the Council and no business may be conducted by the Council unless a quorum is present. (2) The Director may nominate a person to attend and vote at a meeting of the Council on his or her behalf. (3) The presiding member will preside at each meeting of the Council at which he or she is present. (4) If the presiding member is absent, a member chosen by the members present will preside at the meeting. (5) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Council. (6) Each member present at a meeting of the Council has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (7) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Council for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (8) A proposed resolution of the Council becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Council; and (b) a majority of the members express their concurrence in the proposed resolution by letter, email, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Council must cause accurate minutes to be kept of its proceedings. (10) Subject to this Act, the Council may determine its own procedures. 19B—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with ecologically‑based tourism generally, or a substantial section of those engaged in or associated with ecologically‑based tourism. 19C—Functions of Council (1) The functions of the Council are— (a) to provide advice to the Minister at the Minister's request on any matter relating to the administration of— (i) this Act; and (ii) the Adelaide Dolphin Sanctuary Act 2005; and (iii) the Marine Parks Act 2007; and (iv) the Wilderness Protection Act 1992; and (b) such functions as may be conferred under this Act or any other Act. (2) Without limiting subsection (1)(a)(i), the Council may advise the Minister on the following matters relating to the administration of this Act: (a) planning in relation to the management of reserves; (b) the conservation of wildlife; (c) funding (including matters relating to sponsorship) and the development and marketing of commercial activities; (d) community participation in the management of reserves and the conservation of wildlife; (e) the development of policy; (f) existing or proposed national or international agreements relating to the conservation of animals, plants and ecosystems; (g) the promotion (including public education) of the conservation of wildlife and other natural resources; (h) the Council's assessment of the performance of the Department in administering the Acts referred to in subsection (1)(a); (i) any other matter referred to the Council by the Minister or on which the Council believes it should advise the Minister. 19D—Annual report (1) The Council must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament. Division 3—Appointment and powers of wardens 20—Appointment of wardens (1) Subject to subsection (7), the Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act. (2) A warden will be appointed for a term specified in the instrument of appointment. (3) An appointment under subsection (1) may be subject to conditions or limitations specified in the instrument of appointment that govern the exercise of the appointee's powers as a warden. (5) Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State. (6) A warden must, while acting as such, carry an identity card issued by the Minister or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act. (7) The Minister may not appoint a warden with powers limited in application to a co‑managed park except— (a) if there is a co‑management board for the park—with the agreement of the co‑management board; or (b) in any other case—after consultation with the other party to the co‑management agreement for the park. 21—Assistance to warden (1) A warden may request any suitable person to assist the warden in the exercise of powers under this Act. (2) A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden. 22—Powers of wardens (1) If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may— (a) enter and search any premises or vehicle connected with the suspected offence; (b) in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place; (ba) give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle; (c) require the person suspected of having committed the offence to state his or her full name and usual place of residence; (ca) subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile; (cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means; (d) if the suspect is on a reserve—order him or her off the reserve for a stated period (not exceeding 24 hours). (1a) Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg. (1b) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary. (1c) A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally. (2) If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence. (3) If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence. (4) A warden may— (a) enter and inspect premises— (i) on which a protected animal is kept; or (ii) on which some other activity is carried on in pursuance of a permit under this Act; (b) examine a protected animal kept on such premises; (c) require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection. (5) For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose— (a) if authorised by warrant under subsection (6); or (b) if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case. (6) A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle. (7) A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence. Maximum penalty: $1 000. (8) A warden must not exercise a power under this Act in relation to a co‑managed park contrary to any provision relating to the exercise of the power contained in the co‑management agreement for the reserve. 23—Forfeiture (1) An object is liable to confiscation under this section if— (a) it has been used in the commission, or is likely to be used in the commission, of an offence against this Act; or (b) it furnishes evidence of the commission of an offence against this Act; or (c) where the object is an animal, carcass, egg or plant— (i) it has been taken in contravention of this Act; or (ii) it is, or has been, in the possession of a person in contravention of this Act. (2) A vehicle is liable to confiscation under subsection (1) only in relation to an offence that is punishable by imprisonment. (3) If a warden suspects on reasonable grounds that an object is liable to confiscation under this section, the warden may seize the object. (4) Where an object is seized under subsection (3), the following provisions apply: (a) if proceedings for an offence against this Act in relation to the object seized are not commenced within three months of the date of seizure, the object must be returned to the owner; (b) if such proceedings are commenced against the owner of the object within three months of the date of seizure and the owner is, in the course of those proceedings, convicted of such an offence— (i) the court may order that the object be forfeited to the Crown; and (ii) where the object is an animal, carcass, egg or plant and the prosecutor applies for its forfeiture—the court must order that the object be forfeited to the Crown; (c) the object must be returned to the owner of the object if— (i) in the circumstances referred to in paragraph (b), the owner is not convicted or the court does not make an order for forfeiture; or (ii) in any other circumstances, the object is no longer required to furnish evidence of the commission of an offence; (d) an object forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5) Despite subsection (4)— (a) where a living animal is seized under this section, a warden may release it from captivity; (b) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom an object is to be returned under subsection (4), the object may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5a) Despite subsection (4) where, in the opinion of the Minister, an animal, carcass, egg or plant confiscated under subsection (1)(c) will suffer a substantial loss in its value before the question of its forfeiture under this section can be determined, the Minister may sell the object (unless it is required for evidentiary purposes) and the proceeds of the sale will be dealt with under this section as if they were the object. (6) In this section— convicted includes found guilty without a conviction being recorded; object includes— (a) an animal, carcass or egg; (b) a plant; (c) a vehicle; (d) a cage or container; (e) a firearm or device; (f) a poison or other substance; (g) a document or record; owner in relation to an object seized under this section means either or both of the following persons: (a) a person who has legal title to the object; (b) a person who was, immediately before seizure of the object, legally in possession or control of the object. 24—Hindering of wardens etc (1) A person must not hinder a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $2 500. (2) A person must not use abusive, threatening or insulting language to a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $2 500. (3) A person must not assault a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $5 000 or imprisonment for 2 years. 24A—Offences by wardens etc Subject to section 26A, a warden, or a person assisting a warden, who— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence. Maximum penalty: $2 500. 25—Power of arrest (1) A warden may, without warrant, arrest a person— (a) who fails to comply with a direction, requirement or order of a warden under this Act; or (b) who hinders a warden in the exercise of powers or functions under this Act. (2) Where a warden arrests a person under this section, the warden must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested. 26—False representation A person must not, by words or conduct, falsely represent that he or she is a warden. Maximum penalty: $2 000 or imprisonment for 3 months. Part 3—Reserves and sanctuaries Division 1—National parks 27—Constitution of national parks by statute (1) The areas declared in Schedule 3 to be national parks are constituted national parks. (2) The names assigned in Schedule 3 to the national parks constituted under subsection (1) are, subject to this Division, the names of those national parks. (3) The Governor may, by proclamation— (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name assigned to a national park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a national park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 28—Constitution of national parks by proclamation (1) The Governor may, by proclamation— (a) constitute as a national park any specified Crown land, or specified Aboriginal‑owned land, the Governor considers to be of national significance by reason of the wildlife or natural features of that land; and (b) assign a name to a national park so constituted. (1a) A proclamation must not be made under subsection (1)— (a) constituting a national park of Aboriginal‑owned land unless a co‑management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (2) The Governor may, by subsequent proclamation— (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name of a national park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a national park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 28A—Certain co‑managed national parks cease on termination of co‑management agreement (1) This section applies to a co‑managed national park comprised of Aboriginal‑owned land that was Aboriginal‑owned land before it was constituted a national park. (2) If the co‑management agreement for a national park to which this section applies is terminated— (a) the land ceases to be a national park; and (b) the Minister must cause notice of that fact to be published in the Gazette. Division 2—Conservation parks 29—Constitution of conservation parks by statute (1) The areas declared in Schedule 4 to be conservation parks are constituted conservation parks. (2) The names assigned in Schedule 4 to the conservation parks constituted under subsection (1) are, subject to this Division, the names of those conservation parks. (3) The Governor may, by proclamation— (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name assigned to a conservation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a conservation park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 30—Constitution of conservation parks by proclamation (1) The Governor may, by proclamation— (a) constitute as a conservation park any specified Crown land, or specified Aboriginal‑owned land, that should, in the Governor's opinion, be protected or preserved for the purpose of conserving any wildlife or the natural or historic features of that land; and (b) assign a name to a conservation park so constituted. (1a) A proclamation must not be made under subsection (1)— (a) constituting a conservation park of Aboriginal‑owned land unless a co‑management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (2) The Governor may, by subsequent proclamation— (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name of a conservation park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a conservation park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 30A—Certain co‑managed conservation parks cease on termination of co‑management agreement (1) This section applies to a co‑managed conservation park comprised of Aboriginal‑owned land that was Aboriginal‑owned land before it was constituted a conservation park. (2) If the co‑management agreement for a conservation park to which this section applies is terminated— (a) the land ceases to be a conservation park; and (b) the Minister must cause notice of that fact to be published in the Gazette. Division 3—Game reserves 31—Constitution of game reserves by statute (1) The areas declared in Schedule 5 to be game reserves are constituted game reserves. (2) The names assigned in Schedule 5 to the game reserves constituted under subsection (1) are, subject to this Division, the names of those game reserves. (3) The Governor may, by proclamation— (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name of a game reserve constituted under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a game reserve, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. 32—Constitution of game reserves by proclamation (1) The Governor may, by proclamation— (a) constitute as a game reserve any Crown land that should in the Governor's opinion be preserved for the conservation of wildlife and management of game; and (b) assign a name to a game reserve so constituted. (2) The Governor may, by subsequent proclamation— (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name assigned to a game reserve under this section. Division 4—Recreation parks 33—Constitution of recreation parks by statute (1) The areas declared in Schedule 6 to be recreation parks are constituted recreation parks. (2) The names assigned in Schedule 6 to the recreation parks constituted under subsection (1) are, subject to this Division, the names of those recreation parks. (3) The Governor may, by proclamation— (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, the Para Wirra Recreation Park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. 34—Constitution of recreation parks by proclamation (1) The Governor may, by proclamation— (a) constitute as a recreation park any specified Crown land that should in the Governor's opinion be conserved and managed for public recreation and enjoyment; and (b) assign a name to a recreation park so constituted. (2) The Governor may, by subsequent proclamation— (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park constituted under this section. Division 4A—Regional reserves 34A—Constitution of regional reserves by proclamation (1) The Governor may, by proclamation— (a) constitute as a regional reserve any specified Crown land for the purpose of conserving any wildlife or the natural or historic features of that land while, at the same time, permitting the utilisation of the natural resources of that land; and (b) assign a name to a regional reserve so constituted. (2) The Governor may, by subsequent proclamation— (a) abolish a regional reserve constituted under this section; or (b) alter the boundaries of a regional reserve constituted under this section; or (c) alter the name of a regional reserve constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a regional reserve except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. Division 4B—Native title 34B—Native title in relation to reserves (1) The constitution of a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made. (2) The addition of land to a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made. Division 5—Control and management of reserves 35—Control of reserves (1) Subject to Part 3A, the Minister has the control of all reserves, other than co‑managed parks, constituted under this Act. (2) All reserves, other than national parks or conservation parks constituted of Aboriginal‑owned land, are vested in the Crown. (2a) A co‑managed park is— (a) if there is a co‑management board for the park—under the control of the board, subject to Division 6A; or (b) in any other case—under the control of the Minister, subject to the provisions of the co‑management agreement for the park. (3) The relevant authority may enter into a lease with another person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the lease for a specified purpose or purposes. (4) The relevant authority may grant a licence to, or enter into an agreement with, a person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the licence or agreement for a specified purpose or purposes. (4a) A licence granted under this section cannot be transferred or otherwise dealt with without the consent of the relevant authority that granted the licence. (5) Subject to this section, a lease, licence or agreement referred to in subsection (3) or (4) will be subject to such terms, conditions and limitations (including the payment of a fee, a bond or other charge) as the relevant authority thinks fit. (5a) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area, the lease, licence or agreement must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (5b) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area and is within a class of lease, licence or agreement prescribed by the regulations for the purposes of this provision (which classes may be prescribed so as to consist of applications for all such leases, licences or agreements), the Minister or the Director (as the case may be) must, before granting the lease or licence or entering into the agreement— (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the lease, licence or agreement (including a direction that the lease or licence not be granted or the agreement not be entered into, or that if it is to be granted or entered into, then the lease, licence or agreement be subject to conditions specified by the Minister). (6) Any lease or licence entered into or granted in respect of land constituted as a reserve under this Act that was in force immediately before the land was so constituted continues, subject to its terms and conditions, in force for the remainder of its term as if it had been entered into by the relevant authority under this section. (7) The powers of the Minister under subsections (3), (4), (5) or (6) apply in relation to a co‑managed park for which there is not a co‑management board subject to the provisions of the co‑management agreement for the park. (8) In this section— relevant authority means— (a) in relation to a co‑managed park for which there is a co‑management board—the co‑management board for the park; or (b) in any other case—the Minister. 36—Management of reserves (1) Subject to this section, and to Part 3A, all reserves, other than co‑managed parks, are under the management of the Director. (2) A co‑managed park is— (a) if there is a co‑management board for the park—under the management of the board, subject to Division 6A and the provisions of the co‑management agreement; or (b) in any other case—under the management of the Director, subject to the provisions of the co‑management agreement for the park. (3) The Director must observe any direction of the Minister or the Chief Executive relating to the management of reserves generally or any particular reserve (provided that, in the case of a co‑managed park, the direction is consistent with the provisions of the co‑management agreement for the park). (4) If there is a co‑management board for the park, the board must comply with any provisions of the co‑management agreement relating to the management of the park. 37—Objectives of management (1) The Minister, the Chief Executive, the Director or a co‑management board must have regard to the following objectives in managing reserves: (a) the preservation and management of wildlife; and (b) the preservation of historic sites, objects and structures of historic or scientific interest within reserves; and (c) the preservation of features of geographical, natural or scenic interest; and (d) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; and (e) the control of vermin and exotic animals; and (f) the control and eradication of disease of animals and vegetation; and (g) the prevention and suppression of bush fires and other hazards; and (h) the encouragement of public use and enjoyment of reserves and education in, and a proper understanding and recognition of, their purpose and significance; and (i) generally the promotion of the public interest; and (j) in relation to managing a regional reserve—to permit the utilisation of natural resources while conserving wildlife and the natural or historic features of the land; and (k) insofar as a reserve is located wholly or partly within the Murray‑Darling Basin, the promotion of the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and (l) the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within reserves. (2) The Minister, the Chief Executive and the Director must, in managing a reserve that is situated wholly or partly within the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant). 38—Management plans (1) The Minister must— (a) in the case of a reserve that is a co‑managed park—as soon as practicable after the making of the co‑management agreement for the reserve; or (b) in the case of any other reserve—as soon as practicable after the constitution of the reserve, prepare a plan of management in relation to the reserve. (1a) However, the Minister need not prepare a plan of management in relation to a reserve (whether or not the reserve is a co‑managed park) if a plan of management has been adopted under this section in relation to the reserve. (2) The Minister may, at any time, prepare an amendment to a plan of management, or prepare a plan of management to be substituted for a previous plan (and in a subsequent provision of this section, a reference to a plan of management includes a reference to such an amendment or plan to be substituted). (2a) A plan of management must be prepared— (a) after consultation with the State Planning Commission; and (b) having regard to any relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and (c) in the case of a co‑managed park— (i) if there is a co‑management board for the park—in collaboration with the board; and (ii) if there is a co‑management advisory committee for the park—after consultation with the co‑management advisory committee; and (iii) in any case—after consultation with the other party to the co‑management agreement for the park. (3) Where the Minister has prepared a plan of management in respect of a reserve, the Minister must state, by public notice prepared in accordance with subsection (5), that the plan of management has been prepared. (4) The plan of management must— (a) set forth proposals of the Minister in relation to the management and improvement of the reserve; and (b) set forth any other proposals by which the Minister proposes to accomplish the objectives of this Act in relation to the reserve. (4a) The plan of management in respect of a co‑managed park must deal with such matters and include such material as is required by regulation. (5) The notice must— (a) specify an address at which copies of the plan of management may be inspected; and (b) specify an address to which representations in connection with the plan of management may be forwarded. (6) Any person may within three months after publication of the notice, or such longer period as may be specified in the notice, make representations to the Minister in connection with the plan of management. (7) At the expiration of the period during which representations may be made, the Minister must refer the plan of management together with any representations to the Parks and Wilderness Council for its consideration and advice. (8) After consideration by the Council, the plan of management must be forwarded to the Minister together with any comments or suggestions of the Council. (9) The Minister may— (a) adopt a management plan— (i) without alteration; or (ii) with such alterations as the Minister thinks reasonable in view of the representations that were made; or (b) may refer the management plan back to the Council for further consideration. (9a) The Minister may not exercise a power of the Minister under subsection (9) in relation to a proposed plan of management for a co‑managed park except— (a) if there is a co‑management board for the park—with the agreement of the board; or (b) in any other case—after consultation with the co‑management advisory committee for the park. (10) When the Minister adopts a plan of management, notice of that fact must be published in the Gazette. (10a) A plan of management must not provide for the culling of protected animals from the reserve unless— (a) the Minister is of the opinion that the culling of those animals is the only practicable option for controlling an overpopulation of animals of that species in the reserve; and (b) the plan sets out the Minister's reasons for that opinion. (11) The Director must, upon the application of any member of the public and payment of the prescribed fee, furnish that person with a copy of a plan of management adopted under this section. 39—Creation of zones within a reserve (1) A management plan may provide for the division of a reserve into zones. (2) Where a zone is created within a reserve the land within that zone must be kept and maintained in accordance with the conditions, declared by the plan of management to be appropriate to that zone. 40—Implementation of management plan (1) Subject to subsection (2), where the Minister has adopted a plan of management in relation to a reserve— (a) the provisions of the plan must be carried out in relation to that reserve; and (b) operations must not be undertaken in relation to that reserve unless those operations are in accordance with the plan of management. (2) Where a mining tenement has been granted in relation to land that is, or has become, a regional reserve, the management of the reserve is subject to the exercise by the holder of the tenement of rights under the tenement. 40A—Agreement as to conditions (1) The Minister administering this Act and the relevant mining Minister may enter into an agreement with the holder of a mining tenement granted in relation to land that is, or has become, a regional reserve imposing conditions limiting or restricting the exercise of rights under the tenement by the holder of the tenement and by his or her successors in title. (2) If a person contravenes, or fails to comply with, a condition imposed by agreement under subsection (1) in relation to a mining tenement, the relevant mining Minister must, at the request of the Minister administering this Act, serve notice on the holder of the tenement requiring the holder to rectify the contravention or failure in the manner and within the period (which must not exceed three months) set out in the notice. (3) If the holder of a tenement on whom a notice has been served under subsection (2) fails to comply with the notice, the relevant mining Minister may cancel the tenement. Division 6—Miscellaneous provisions relating to reserves 41—Approval of proposal for constitution of reserve (1) The Minister must— (a) submit any proposal to constitute, or alter the boundaries of, a reserve to the Minister administering the Crown Lands Act 1929 for approval; (b) submit any such proposal to each Minister administering a mining Act and consider the views of that Minister in relation to the proposal; (c) submit any such proposal in respect of a reserve that includes or is to include land within the Murray‑Darling Basin to the Minister to whom the administration of the River Murray Act 2003 is committed and consider the views of that Minister in relation to the proposal. (2) A proposal to constitute, or alter the boundaries of, a reserve that includes or is to include land that is vested in or is under the care, control and management of the Minister administering the Harbors and Navigation Act 1993 must be submitted to, and approved by, that Minister. (3) A proclamation for the purpose of constituting, or altering the boundaries of, a reserve must not be made without the approval or approvals required by this section. 41A—Alteration of boundaries of reserves (1) The Governor may, by proclamation made on the recommendation of the Minister, alter the boundaries of a reserve for the purpose of making, or allowing for the making of, minor alterations or additions to a public road that intersects, or is adjacent to, the reserve. (2) At least two months before making a recommendation to the Governor, the Minister must give public notice— (a) stating the place or places at which a plan showing the proposed alterations is available for inspection; and (b) inviting interested persons to make written submissions to the Minister in relation to the proposal. (3) The Minister must give consideration to any submissions made in response to an advertisement under subsection (2). (4) The Minister must not make a recommendation if the Minister is satisfied that the proposed alteration would— (a) significantly prejudice the fulfilment of the management objectives contained in section 37 as they relate to that reserve; or (b) be contrary to the plan of management prepared in accordance with section 38 in relation to that reserve. (5) No parliamentary resolution is required in relation to a proclamation under this section. (6) The Minister must, as soon as practicable after a proclamation has been made under subsection (1), cause a copy of the proclamation to be laid before each House of Parliament. 42—Prohibited areas (1) Where the Minister is satisfied that it is expedient for the purpose of protecting human life or conserving native plants or animals the Minister may, by notice published in the Gazette, declare any portion of the reserve to be a prohibited area. (1a) Except in an emergency, the Minister may only make a declaration under subsection (1) in relation to a co‑managed park— (a) if there is a co‑management board for the park—with the agreement of the board; or (b) in any other case—after consultation with the co‑management advisory committee for the park. (2) Any notice published under subsection (1) must state the grounds upon which the declaration is made. (3) A person must not be within a prohibited area unless authorised to enter the area by a permit issued by the Minister under this section. Maximum penalty: $1 000. (4) The Minister may, on appropriate terms and conditions, issue to any person a permit to be within a prohibited area. (5) The Minister may, at the request of the co‑management board for a co‑managed park, exempt members of the relevant Aboriginal group from the restriction applying to a prohibited area within the co‑managed park under this section. 43—Rights of prospecting and mining (1) Subject to subsec