Tasmania: National Parks and Reserves Management Act 2002 (Tas)

National Parks and Reserves Management Act 2002 An Act to provide for the management of national parks and other reserved land, to repeal the National Parks and Wildlife Act 1970 and related Acts and for related purposes [Royal Assent 19 December 2002] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the National Parks and Reserves Management Act 2002 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; authorised officer means – (a) a police officer; and (b) a ranger; biological diversity means the variety of – (a) plants, animals and micro-organisms; and (b) the genes contained in plants, animals and micro-organisms; and (c) the ecosystems of which plants, animals and micro-organisms form part; building means anything built or constructed; business licence means a licence issued under section 41 that is in force; Commission means the Tasmanian Planning Commission established under section 4 of the Tasmanian Planning Commission Act 1997 ; conservation area has the same meaning as in the Nature Conservation Act 2002 ; Conservation Management Trust means a Conservation Management Trust established under section 31 ; conservation purpose means – (a) any purpose specified in Column 3 of Schedule 1 to the Nature Conservation Act 2002 ; and (b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land; conservation society means a society or other body having as its objects, or one of its objects, the promotion or encouragement of the carrying out of any conservation purpose in relation to land generally or to any particular land or particular kind of land; container includes wrapping; conveyance means any vehicle, vessel or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air; Council means the National Parks and Wildlife Advisory Council continued by section 12 ; Crown land means any land vested in the Crown (whether or not subject to any private right) other than land vested in the Crown that is contracted to be granted in fee simple; department has the same meaning as in the Administrative Arrangements Act 1990 ; Director means the Director of National Parks and Wildlife appointed under section 6 ; functions includes duties; game has the same meaning as in the Nature Conservation Act 2002 ; game reserve has the same meaning as in the Nature Conservation Act 2002 ; geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; historic site has the same meaning as in the Nature Conservation Act 2002 ; hunting equipment has the same meaning as in the Nature Conservation Act 2002 ; improvements means all work done and materials used on or for the benefit of any land which visibly and effectively improve or increase the value of the land; land includes – (a) land covered by the sea or other waters; and (b) the part of the sea or those waters covering that land; leased reserve has the same meaning as in the Nature Conservation Act 2002 ; management objectives, in relation to any class of reserved land, means the management objectives specified in Schedule 1 for that class of reserved land; management plan, in respect of reserved land, means the plan approved under section 19 ; managing authority means the managing authority for reserved land, as specified in section 29 ; Minister for Crown Lands means the Minister for the time being administering the Crown Lands Act 1976 ; national park has the same meaning as in the Nature Conservation Act 2002 ; nature recreation area has the same meaning as in the Nature Conservation Act 2002 ; nature reserve has the same meaning as in the Nature Conservation Act 2002 ; owner means – (a) in the case of land vested in the Crown which is contracted to be granted in fee simple, the person to whom it is so contracted; and (b) in any other case, the person who, under the Land Acquisition Act 1993 or otherwise, is entitled to sell, convey or surrender a freehold estate in that land to the Crown; plant has the same meaning as in the Nature Conservation Act 2002 ; prescribed body, in relation to the management of reserved land, means – (a) the public authority in which that land is vested; and (b) a public authority having jurisdiction over the locality in which that land is located; and (c) a body corporate – (i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and (ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority; private land means land other than Crown land or land vested in a public authority; private nature reserve has the same meaning as in the Nature Conservation Act 2002 ; private right, in relation to Crown land, means any estate, interest or right (not being an interest arising under a contract for the grant of an estate in fee simple) pursuant to which its holder has one or more of the following rights: (a) the right to occupy or use that land; (b) the right to carry out any operations on that land; (c) the right to take any products of, or materials in or on, that land, including materials beneath the surface of that land; private sanctuary has the same meaning as in the Nature Conservation Act 2002 ; products, in relation to wildlife, has the same meaning as in the Nature Conservation Act 2002 ; public authority means – (a) a council within the meaning of the Local Government Act 1993 ; and (b) any other body corporate established by an enactment having jurisdiction limited to a district, locality or part of the State; and (c) a statutory authority; public reserve has the same meaning as in the Crown Lands Act 1976 ; purposes of reservation, in relation – (a) to any reserved land, means the purposes for which that land was reserved; and (b) to any class of reserved land, the purposes of reservation specified in Column 3 of Schedule 1 to the Nature Conservation Act 2002 in relation to that class; ranger means a person appointed as a ranger, or authorised to perform the functions and exercise the powers of a ranger, under section 10 ; regional reserve has the same meaning as in the Nature Conservation Act 2002 ; regulations means regulations made and in force under section 91 ; reserved land has the same meaning as in the Nature Conservation Act 2002 ; resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 2 ; restricted area means reserved land, or a part of reserved land, declared in a management plan, under section 37 , to be a restricted area; Secretary means the Secretary of the Department; special advisory committee means a special advisory committee established under section 17 ; special species timber harvesting has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014; State reserve has the same meaning as in the Nature Conservation Act 2002 ; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority; statutory power means – (a) a power under an enactment, other than this Act, for one or more of the following purposes: (i) the reservation or dedication of Crown land for any purpose; (ii) the alienation of, or the grant of private rights in or over, any such land; (iii) the carrying out of any works or other operations on any such land; and (b) a power that, under an enactment other than this Act, may be exercised by a public authority in relation to land vested in it; wildlife has the same meaning as in the Nature Conservation Act 2002 ; World Heritage Area has the same meaning as in Part 6 of the Public Land (Administration and Forests) Act 1991 . (2) A reference in this Act to the taking of any wildlife or the taking of a form of wildlife that is game includes a reference to the killing, destroying, hunting, pursuing, catching, shooting, netting, snaring or injuring that wildlife or that form of wildlife. (3) A reference in this Act to the taking of a product of any wildlife includes a reference to the carrying out of any operation – (a) for the purpose of obtaining that product; or (b) that has the effect of destroying or damaging that product. (4) A reference in this Act to the taking of any plant includes a reference – (a) to the destroying or damaging of that plant; and (b) to the taking, destroying or damaging of any fruit or seeds of that plant or any product or part of that plant. (5) A reference in this Act to the taking of any thing includes a reference to attempting to take, or assisting in the taking of, that thing. (6) For the purposes of this Act, a person is taken to have a thing in his or her possession – (a) if it is in the person's possession, or under the person's control, in any place or conveyance, whether for the use or benefit of the person or another person; or (b) if it is – (i) in or on any place or conveyance occupied, controlled or used by the person; or (ii) used or controlled by the person in or on any place or conveyance – even though another person has the actual possession or custody of the thing, unless the person proves that he or she had no knowledge of that thing. (7) Unless the contrary intention appears, a reference in this Act to a thing includes a reference to a living thing. 4. Act binds Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) Nothing in this Act renders the Crown in right of Tasmania liable to be prosecuted for an offence against this Act. 5. Compliance with resource management and planning system objectives (1) In exercising any powers or performing any functions under this Act in relation to any reserved land, a person is to have regard to the resource management and planning system objectives. (2) In the case of reserved land for which there is a management plan, if there is any inconsistency between the resource management and planning system objectives and the provisions of the management plan, the provisions of the management plan prevail. (3) In the case of reserved land for which there is no management plan, if there is any inconsistency between the resource management and planning system objectives and the management objectives for the class of that reserved land or the purposes for which that land was reserved, the latter objectives and the purposes prevail. PART 2 - Administration Division 1 - Director of National Parks and Wildlife 6. Director of National Parks and Wildlife The Governor may appoint a State Service officer or State Service employee to be Director of National Parks and Wildlife and that officer or employee holds that office in conjunction with State Service employment. 7. Functions of Director (1) Subject to this Act, the Director has the following functions: (a) acting as a managing authority as required under this Act and giving advice and assistance to other managing authorities; (b) keeping the setting aside of land for conservation purposes under review; (c) carrying out, or arranging for the carrying out of, research and other activities that appear to the Director to be desirable in connection with the administration of this Act; (d) carrying out, or promoting the carrying out of, educational activities, and providing and disseminating information, related to the conservation of the fauna, flora or geological diversity of the State or other matters arising in connection with the administration of this Act; (e) providing to the Council and the special advisory committees such information as they may require and is reasonably available to the Director in connection with the carrying out of his or her functions under this Act; (f) preparing plans, in relation to reserved lands, with a view to their submission to the Governor for approval as management plans for those lands and keeping the provisions of management plans under review; (g) providing effective means for the enforcement of the regulations; (h) carrying out functions, as agreed by the Director, in relation to land which is, or becomes, the subject of a conservation covenant under Part 5 of the Nature Conservation Act 2002 . (2) The Minister may give directions to the Director with respect to the carrying out of his or her functions under this Act and, in carrying out those functions, the Director is to comply with any such directions. (3) The Minister must not give a direction under subsection (2) with respect to the making by the Director of any recommendation required under any provision of this Act. 8. Arrangements in respect of Nature Conservation Act 2002 (1) The Director may enter into arrangements with the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 for the purpose of furthering the objectives of that Act. (2) An arrangement may be made with respect to one or more of the following matters: (a) the provision of staff and other resources; (b) any other matter. 9. Appointment of officers (1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed for the purposes of this Act. (2) The Secretary, with the approval of another Head of a State Service Agency, may appoint a State Service officer or State Service employee employed in that Agency to undertake any functions for the purposes of this Act and that officer or employee may undertake those functions in conjunction with State Service employment. 10. Rangers (1) The Secretary may appoint a State Service officer or State Service employee employed in the Department to be a ranger and that officer or employee may hold that office in conjunction with State Service employment. (2) The Secretary, with the consent of another Head of a State Service Agency, may appoint a State Service officer or State Service employee employed in that Agency to be a ranger and that officer or employee may hold that office in conjunction with State Service employment. (3) The Secretary may authorise a person who is not a State Service officer or State Service employee to perform the functions and exercise the powers of a ranger. (4) An appointment as a ranger under subsection (1) or (2) , or an authorisation under subsection (3) , may be limited to the reserved land specified in the appointment or authorisation. (5) If the managing authority for any reserved land is not the Director, that authority, with the approval of the Secretary, may appoint a ranger in respect of that reserved land. (6) A ranger appointed under subsection (1) , (2) or (5) , or a person authorised under subsection (3) , in respect of particular reserved land is not to perform the functions or exercise the powers of a ranger under this Act in respect of any other land. 11. Adoption of emblem for use by Director (1) The Governor, by order, may determine the authorised emblem to be adopted for use by the Director. (2) A person must not, without the permission of the Director – (a) have in his or her possession or under his or her charge or control any article bearing; or (b) use for the purposes of any business or other activity carried on by him or her or in which he or she is engaged – the authorised emblem or any other emblem that is capable of being mistaken for that emblem. Penalty: Fine not exceeding 5 penalty units. Division 2 - National Parks and Wildlife Advisory Council, &c. 12. National Parks and Wildlife Advisory Council The National Parks and Wildlife Advisory Council established by the National Parks and Wildlife Act 1970 is continued. 13. Constitution of Council (1) The Council consists of not more than 12 persons appointed by the Governor on the nomination of the Minister. (2) The persons nominated for membership of the Council are to be persons who, in the opinion of the Minister – (a) have an interest in, and an ability to contribute to, the objectives of this Act; and (b) have the capacity to offer independent advice, taking into account community views and expectations. (3) The Governor may appoint a member as chairperson of the Council. (4) A person appointed as the chairperson is to be so appointed for the term specified in the instrument of his or her appointment and, subject to this section, ceases to hold the office of chairperson at the expiration of that term. (5) A member continues in office for the term, not exceeding 3 years, specified in the instrument of appointment, unless that member sooner resigns, is removed from office or otherwise ceases to hold office. (6) If a member dies or ceases to hold office otherwise than by reason of the effluxion of time, the member appointed to fill the vacancy ceases to hold office at the expiration of the unexpired term of office of the member in whose place he or she is appointed. (7) The members are not, as members, subject to the State Service Act 2000 , but a State Service officer or State Service employee may hold office as a member of the Council in conjunction with State Service employment. (8) At a meeting of the Council, the chairperson of the Council or, if the chairperson is absent or there is no chairperson, another member present and chosen by the members present is to preside. (9) The chairperson or other member presiding at a meeting of the Council has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Council, that matter stands adjourned to the next meeting of the Council. (10) Six members of the Council constitute a quorum at any meeting of the Council. (11) The following persons have a right to attend a meeting of the Council: (a) the Director, or a person nominated by the Director; (b) the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 , or a person nominated by that Secretary. (12) Subject to this Act, the Council may regulate its own proceedings. (13) The chairperson and the other members – (a) are to be paid the remuneration determined by the Governor; and (b) may be paid the travelling and other allowances determined by the Governor. (14) If the chairperson or another member is a State Service officer or State Service employee, that person is not entitled to be paid an allowance referred to in subsection (13)(b) except with the approval of the Head of the State Service Agency in which he or she is employed. 14. Functions of Council (1) The functions of the Council are as follows: (a) to advise the Minister on the administration of this Act, including on matters referred to it by the Minister; (b) to provide a forum for consultation on policy issues of State significance that are related to this Act; (c) to maintain an overview of the relevance of the Director's role and achievements relative to public expectations; (d) to promote understanding and acceptance of the Director's role and associated programs; (e) to encourage, and act as a focal point for, community support for projects carried out and services provided under this Act; (f) to review management plans. (2) Without prejudice to the generality of subsection (1) , where the Minister refers to the Council any matter related to the administration of this Act, the Council is to consider that matter and report on it to the Minister with such recommendations as it may consider appropriate in the circumstances as soon as practicable. 15. Assistance to Council Subject to this Act, the Minister may make arrangements to make available to the Council such accommodation and assistance as it may require. 16. Removal of members of Council (1) The Governor may remove any member of the Council from office if the Governor is satisfied that the member – (a) has become, in the opinion of the Governor, permanently incapable of carrying out the functions of his or her office; or (b) has misconducted himself or herself in the performance of the functions of his or her office; or (c) has, by reason of a change of occupation or otherwise, ceased to be a person suitable to represent the interests of the classes of persons that he or she was appointed to represent; or (d) has been absent from 3 or more consecutive meetings of the Council without leave of the Council; or (e) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded, or entered into an arrangement, with his or her creditors; or (f) has been convicted (whether in this State or elsewhere) of an offence of a nature that, in the opinion of the Governor, renders it improper for the member to continue to hold his or her office. (2) Without prejudice to the generality of subsection (1) , a member of the Council is taken to have misconducted himself or herself in the performance of the functions of his or her office if – (a) he or she votes on any matter before the Council in which he or she has, directly or indirectly, a pecuniary interest; or (b) he or she takes part in, or is present at, the discussion of any such matter before the Council without disclosing his or her pecuniary interest to the members of the Council present. (3) In the case of a member of the Council who has a spouse or is in a personal relationship, within the meaning of the Relationships Act 2003 , a pecuniary interest of the spouse or the other party to the personal relationship is taken for the purposes of this section to be a pecuniary interest of the member if the interest is known to that member. (4) The Governor may not remove a member of the Council otherwise than under this section. 17. Special advisory committees (1) The Minister, by order, may establish special advisory committees for the purpose of – (a) advising the Minister on such matters in relation to the administration of this Act as are specified in the order; or (b) advising the Director, or a managing authority, on such matters arising in relation to the performance of his, her or its functions under this Act as are specified in the order. (2) An order – (a) may specify the number of members of the special advisory committee to which it relates; and (b) subject to this section, may contain provisions – (i) regulating the appointment of members of the committee; and (ii) regulating the proceedings of the committee; and (iii) giving the Director, or a person nominated by the Director, the right to attend meetings of the committee. (3) The members of a special advisory committee are appointed by the Minister and the Minister may appoint a member of the committee as its chairperson. (4) At a meeting of a special advisory committee, the chairperson or, if the chairperson is absent or there is no chairperson, another member present and chosen by the members present is to preside. (5) The chairperson or other member presiding at a meeting of a special advisory committee has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the committee, the matter stands adjourned to the next meeting of the committee. (6) At any meeting of a special advisory committee, a quorum is constituted if at least half the total number of members of the committee is present. (7) Subject to this Act, the Minister may make arrangements to make available to a special advisory committee such accommodation and assistance as it may require. (8) The members of a special advisory committee are to be paid such travelling and other allowances as the Governor determines. PART 3 - Management of Reserved Land 18. Interpretation In sections 19 , 20 and 21 – class, in relation to reserved land, means the class, referred to in section 16 of the Nature Conservation Act 2002 , that the reserved land is declared to be under that Act. 19. Management plans (1) In this section, specified, in relation to a plan, means specified in that plan. (2) In accordance with this Part – (a) plans for the use, development and management of any reserved land may be approved by the Governor; and (b) any such plan may be a plan that, in whole or in part, rescinds, replaces or alters any plan previously approved under this section in respect of that land. (3) A plan approved under this section may relate to – (a) specified reserved land; or (b) a specified part of any reserved land; or (c) a specified group of reserved lands; or (d) a specified class of reserved land. (4) Before a plan is approved under this section in relation to any land to which the Mineral Resources Development Act 1995 applies, the Minister is to consult with the Minister having the administration of that Act. (5) The Governor may not approve a plan under this section unless it is submitted in accordance with this Part. (6) . . . . . . . . (7) A plan relating to any land within a conservation area that includes any land vested in a public authority may only be approved under this section with the agreement of that public authority. (8) A plan relating to any land within a private sanctuary or private nature reserve may only be approved under this section with the agreement of the owner of that land. (9) If the Director does not receive the agreement of the owner of land that is a private nature reserve for a management plan prepared for that reserve within 60 days after the agreement is sought, the Director may submit the management plan to the Appeal Tribunal for arbitration. (10) Before making a decision on a management plan, the Appeal Tribunal is to consult with the Director and the owner of the land. (11) The decision of the Appeal Tribunal in relation to a management plan submitted to it is final and section 136 of the Tasmanian Civil and Administrative Tribunal Act 2020 does not apply. (12) If a management plan (the "specific plan") is approved for any reserved land that is within a specified group of reserved lands or class of reserved land for which there is a management plan (the "general plan"), the provisions of the specific plan prevail over the provisions of the general plan to the extent of any inconsistency. (13) . . . . . . . . 20. Formulation of management plans (1) In this section – Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ; prepare includes cause to be prepared; responsible officer means – (a) in relation to a department or a statutory authority other than a Government Business Enterprise that is an Agency, within the meaning of the State Service Act 2000 , the Head of that Agency; and (b) in relation to a statutory authority that is a Government Business Enterprise, the chief executive officer of that Government Business Enterprise; and (c) in relation to any other statutory authority, the president, chairman or other principal or presiding member of the authority or, if the authority comprises a single person, that person. (2) The Director is to prepare draft management plans with a view to their submission to the Governor. (3) Before preparing a draft management plan, the Director is to give a notice to the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 stating that a draft management plan is to be prepared and inviting the Secretary to provide the information and prescriptions the Secretary wishes to propose for inclusion in the plan in relation to flora, fauna or geological diversity. (4) If the Director considers that an Act administered in or by means of a department or statutory authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on – (a) the responsible officer of the department or statutory authority; or (b) a person employed in the department or employed by or in the statutory authority (not being the responsible officer of the department or statutory authority); or (c) the statutory authority, in the case of an Act administered in or by means of the statutory authority; or (d) the Minister responsible for the administration of the department or statutory authority – the Director, by written notice given to the responsible officer, is to request the responsible officer to provide the Director with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving his or her reasons for those representations. (5) The Director, in a notice given under subsection (3) or (4) , may specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given or any further time the Minister allows, in which the information, prescriptions or representations invited or requested by that notice are to be given to the Director. (6) A notice given under subsection (3) or (4) may be sent by post, or delivered personally, to the person to whom it is directed. (7) . . . . . . . . (8) A draft management plan in respect of any land within a private sanctuary or private nature reserve may only be prepared in consultation with the owner of the land. (9) In formulating a draft management plan relating to reserved land the whole or a part of which is the subject of a conservation covenant in force under Part 5 of the Nature Conservation Act 2002 , the Director is to ensure that the draft management plan is not inconsistent with that conservation covenant. (10) A draft management plan in respect of any land that is vested in a public authority and that is within a conservation area may only be prepared in consultation with that public authority. (11) In preparing a draft management plan, the Director is to have regard to the purposes of reservation and the management objectives which apply to – (a) the class of reserved land to which the land in respect of which the plan is being prepared belongs; or (b) the class of reserved land in respect of which the plan is being prepared. (12) Before a draft management plan in respect of any reserved land is submitted to the Governor for approval under section 19 , the Minister is to – (a) provide the Council, the Commission and the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 with a copy of the draft management plan; and (b) publish in at least 3 newspapers circulating within the State a notice – (i) stating that it is proposed to submit a draft management plan in respect of that land to the Governor for approval; and (ii) specifying the place at which that draft management plan may be inspected and copies obtained; and (iii) stating that representations in relation to that draft management plan may be made to the Director by any person, including the Council and the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 , before a day specified in the notice that is not earlier than 30 days after the date of publication of the notice or any further period the Minister allows; and (iv) stating that the Council may make representations directly to the Minister in relation to that draft management plan within 30 days after being provided with a copy of it under this subsection or any further period the Minister allows. (13) After a notice has been published in respect of a draft management plan under subsection (12) , the Director, on the payment of any charge fixed by the Minister, is to provide a copy of that draft management plan to any person requesting it. (14) Nothing in this section requires a draft management plan to specify all the management objectives for a class of reserved land as the objectives for which any specified reserved land is to be managed. 21. Review by Director Within 30 days after the specified day referred to in section 20(12)(b)(iii) or within any further period the Minister allows, the Director is to forward to the Commission – (a) a copy of any representation made under that section; and (b) a report containing – (i) a summary of the representations; and (ii) the Director's opinion on the merits of the representations, including whether or not he or she believes the representations to be of sufficient merit to warrant modification of the draft management plan; and (iii) a summary of any proposed modification to the draft management plan; and (iv) any additional information the Director considers relevant. 22. Review by Commission (1) The Commission, at the direction of the Minister, is to review the copies of the representations and the report of the Director forwarded under section 21 with reference to the draft management plan. (2) Within 21 days of receipt of the copies of the representations and the report of the Director, or within any further period the Minister allows, the Commission is to decide whether or not to hold a hearing to assist in its review of the representations. (3) If the Commission decides to hold a hearing, the Commission is to notify the Minister of that decision. (4) If the Commission decides not to hold a hearing, the Commission, within 14 days of making that decision, is to give written notice of that decision to – (a) the Director; and (b) the Minister; and (c) any person who has made a representation under section 20(12)(b)(iii) . (5) A hearing is to be conducted in accordance with Part 3 of the Tasmanian Planning Commission Act 1997 . 23. Public exhibition (1) The Commission, as soon as practicable after receipt of the copies of the representations and report of the Director forwarded under section 21 , is to notify by public notice – (a) the places at which copies of the representations and report are to be exhibited; and (b) the period during which they are to be exhibited; and (c) any other information the Commission considers relevant. (2) At least one of the places referred to in subsection (1)(a) is to be near the area specified in the draft management plan. (3) The Director and the Commission may make available any information that may assist public consideration of the representations and the report of the Director at the places referred to in subsection (1)(a) . 24. Report of Commission (1) The Commission, within a period determined by the Minister, is to provide the Minister with – (a) a report of its review under section 22 ; and (b) copies of the representations and the report of the Director forwarded under section 21 . (2) As soon as practicable after the period referred to in subsection (1) , the Commission is to publish in the Gazette notice of – (a) the making of its report; and (b) where copies of its report are available for inspection by the public. 25. Submission of management plan (1) The Minister is to submit a draft management plan to the Governor for approval after the Minister has considered – (a) the report of the Commission provided to the Minister under section 24(1) ; and (b) copies of the representations and the report of the Director provided to the Minister under that section; and (c) any representations made by the Council under section 20(12)(b)(iv) . (2) In considering the matters referred to in subsection (1) , the Minister is to have regard to the purposes of reservation and the management objectives which apply to – (a) the class of reserved land to which the land in respect of which the draft management plan is being prepared belongs; or (b) the class of reserved land in respect of which the draft management plan is being prepared. (3) A draft management plan submitted for the Governor's approval may be – (a) an unaltered plan; or (b) a plan containing any alterations the Minister thinks appropriate having regard to the matters specified in subsection (1) , other than alterations that may affect a restriction on the exercise of a statutory power included in the plan, unless those alterations were the subject of a previous consultation between the Minister and the Minister administering the Act under which that statutory power is exercised. 26. Management plans for private sanctuaries and private nature reserves (1) Section 20(12) and (13) and sections 21 , 22 , 23 , 24 and 25 do not apply in respect of a draft management plan relating to a private sanctuary or private nature reserve. (2) The Minister is to submit a draft management plan in respect of land which is a private sanctuary or private nature reserve to the Governor for approval after the Minister – (a) has considered the purposes of reservation and the management objectives which apply to private sanctuaries or private nature reserves; and (b) has obtained the agreement of the owner of that land or a favourable decision from the Appeal Tribunal under section 19 . 27. Contents of management plans (1) A management plan for any reserved land – (a) may indicate the manner in which the powers of the managing authority under this Act are to be exercised in relation to that land, or any part of that land; and (b) may prohibit or restrict, in relation to that land or any part of that land, the exercise of those powers; and (c) if the land is a private sanctuary or private nature reserve, may specify the cases and the circumstances in which the owner of the land is bound by the regulations; and (d) is to specify the purposes for which that land was reserved; and (e) if the management plan relates to particular land of a single class, is to specify any or all of the management objectives which apply to land of that class as the objectives for which the land is to be managed; and (f) if the management plan relates to particular land of a single class, is to specify the reasons for which any management objectives for that class of reserved land – (i) have been specified in the management plan as the objectives for which that land is to be managed; and (ii) have not been specified in the management plan as the objectives for which that land is to be managed; and (g) if the management plan relates to more than one class of reserved land, is to specify any or all of the management objectives for each class of reserved land as the objectives for which the land in that class is to be managed; and (h) if the management plan relates to more than one class of reserved land, is to specify the reasons for which any management objectives for any of those classes – (i) have been specified in the management plan as the objectives for which the land in that class is to be managed; and (ii) have not been specified in the management plan as the objectives for which the land in that class is to be managed; and (i) may specify any condition that applies to the application of any management objective specified in the management plan; and (j) is to specify the manner in which the management objectives specified in the management plan are to be achieved; and (k) may contain any other provisions that are authorised by this Act to be contained in that plan. (2) A management plan for any land within a national park, State reserve, nature reserve, game reserve or historic site may make provision for the use or development of that land otherwise than under the powers conferred by this Act and for that purpose may authorise the exercise in relation to that land, subject to any restrictions specified in the plan, of any statutory power. (3) Any provisions in a management plan giving an authority referred to in subsection (2) are of no effect unless the inclusion of those provisions in that plan is approved by each House of Parliament. (4) For the purposes of this section, a House of Parliament is taken to have approved the inclusion of provisions in a management plan giving an authority referred to in subsection (2) if a copy of the plan with the provisions clearly indicated has been laid on the table of that House and – (a) the inclusion is approved by that House; or (b) at the expiration of 5 sitting days after the plan was laid on the table of that House – (i) no notice has been given of a motion to disallow the inclusion; or (ii) if such notice has been given, the notice has been withdrawn or the motion has been negatived; or (c) if a notice of a motion to disallow the inclusion has been given but not withdrawn or negatived during that period of 5 sitting days, the notice is withdrawn or the motion is negatived after the expiration of that period. (5) Notice of approval under subsection (3) of the inclusion in a management plan of provisions referred to in subsection (2) are to be published in the Gazette by the Clerk of the House which has granted approval as soon as practicable. (6) A management plan for any land within a conservation area, nature recreation area, regional reserve, private nature reserve or private sanctuary may prohibit or restrict the exercise in relation to that land of any statutory powers. (7) Any restriction imposed by a management plan under this section on the exercise of a statutory power may be a restriction specifying the conditions subject to which it may be exercised, or the circumstances in which it may or may not be exercised. (8) Any condition imposed by a management plan under this section on the exercise of a statutory power may be a condition requiring the carrying out, or designed to facilitate or promote the carrying out, of works and other operations during or after the exercise of that power, or requiring the entering into of contracts or the making of any other arrangements designed to secure the carrying out of those works or operations. 28. Notification and taking effect of management plans (1) As soon as practicable after the Governor has approved a management plan under section 19 , the Minister is to publish in the Gazette notice of the approval of the plan. (2) If provisions giving an authority referred to in section 27(2) are included in a management plan, the notice of the approval of the plan published under subsection (1) – (a) is to state whether or not the inclusion of those provisions in the plan has been approved by each House of Parliament; and (b) if the inclusion of those provisions has not been so approved, is to state that – (i) they are of no effect unless their inclusion is so approved; and (ii) an inspection of the plan may be made pursuant to subsection (6) for the purpose of obtaining information about those provisions. (3) As soon as practicable after the Governor, under section 19 , has approved a management plan for reserved land the whole or part of which is subject to a conservation covenant in force under Part 5 of the Nature Conservation Act 2002 , the Minister is to lodge with the Recorder of Titles a copy of the management plan together with particulars of title to the reserved land subject to that covenant. (4) Subject to the provisions of the Land Titles Act 1980 , the Recorder of Titles must register on the folio of the Register constituting the title to the reserved land subject to a conservation covenant referred to in subsection (3) the management plan lodged under that subsection. (5) Subject to section 27(3) , a management plan takes effect on the seventh day after the date of notice of its approval has been published as required by subsection (1) . (6) When notice of the approval of a management plan has been published under subsection (1) , the Director – (a) on the request of any person and without payment of a fee, is to permit that person to inspect the plan; and (b) if it is practicable and on the request of any person and on payment of any charge fixed by the Minister, is to provide that person with a copy of the plan. 29. Managing authorities for reserves (1) Subject to any orders made under this section, the Director is the managing authority for all reserved land other than – (a) reserved land that is within a private sanctuary or private nature reserve; or (b) reserved land that is vested in a public authority. (2) The Governor, by order made with the consent of a prescribed body, may declare that body to be the managing authority for any reserved land other than land within a national park or nature reserve. (3) The Governor, by order made with the consent of a Conservation Management Trust, may declare that Trust to be the managing authority for any reserved land in a class specified in section 31(2) . (4) An order may not be made under subsection (3) declaring a Conservation Management Trust to be the managing authority for any reserved land unless there is a management plan for that land. (5) The Governor, by order, may declare the Director to be the managing authority for – (a) land within a private sanctuary or private nature reserve; or (b) land vested in a public authority. (6) An order may not be made under this section – (a) in respect of land within a private sanctuary or private nature reserve without the consent of the owner of that land; or (b) in respect of land vested in a public authority without the consent of the public authority; or (c) in respect of land within a leased reserve without the consent of the owner of the land. (7) An order under this section in respect of any reserved land may make provision with respect to – (a) the defraying of the expenses incurred under this Act in relation to that land; and (b) the application of any moneys received under this Act by way of rents, charges or otherwise in respect of the land – and the provisions of this Act and of any enactment relating to any public authority that is the owner of, or the managing authority for, that land have effect subject to the provisions of the order. (8) An order under this section may be revoked or varied by a further order of the Governor. (9) The Governor, by order, may declare that, on the day specified in the order, an order under this section by which the Director, a prescribed body or a Conservation Management Trust is declared to be the managing authority for any reserved land ceases to have effect and, on that day, the Director, the prescribed body or the Conservation Management Trust, as the case may be, ceases to be the managing authority for that land. 30. Functions and powers of managing authority in relation to reserved land (1) Subject to this Act, the managing authority – (a) for any reserved land for which there is a management plan is to manage that land for the purpose of giving effect to the management plan and in accordance with that plan; or (b) for any other reserved land is to manage that land – (i) in a manner that is consistent with the purposes for which the land was reserved; and (ii) having regard to the management objectives for the class of that reserved land. (2) For the purpose of the discharge of his, her or its functions in relation to any reserved land, a managing authority may do, or arrange for the doing of, all things he, she or it considers necessary, including the erection or construction of any buildings or other works and the purchase or other acquisition of any things. (3) Without limiting the generality of subsection (2) , the powers conferred by that subsection include power – (a) to provide and maintain facilities and conveniences for the use or benefit of persons resorting to reserved land, and to charge for the use of those facilities or conveniences; and (b) to sell or let on hire to those persons, or otherwise provide for the use of those persons, goods and other things; and (c) to obtain and use for the purpose of the exercise of his, her or its powers under that subsection any produce of, or materials in, reserved land; and (ca) to take any steps or undertake any activities that the managing authority considers necessary or expedient for the purposes of preventing, managing or controlling fire in reserved land, having regard to the management objectives for that reserved land; and (d) to make arrangements with any other person for the doing of anything referred to in paragraph (a) , (b) , (c) or (ca) . (3A) Subsection (3)(ca) does not apply to fire in reserved land that originates in, and is confined to, a structure, as defined in the Fire Service Act 1979 , in that reserved land. (4) The arrangements referred to in subsection (3)(d) may be arrangements pursuant to which any person has the right or obligation to do any of the things referred to in subsection (2) , and those arrangements may provide for the furnishing of consideration in respect of the giving of that right or the imposition of that obligation. 31. Establishment of Conservation Management Trust (1) The Minister, by written instrument, may establish a Conservation Management Trust to be a managing authority for any reserved land for which there is a management plan. (2) A Conservation Management Trust may only be the managing authority in respect of the following classes of reserved land: (a) conservation area; (b) nature recreation area; (c) regional reserve. (3) The instrument establishing a Conservation Management Trust is to specify the reserved land or group of reserved lands in respect of which the Trust is the managing authority. 32. Functions of Conservation Management Trust (1) The function of a Conservation Management Trust is to manage the land in respect of which it is the managing authority in accordance with the provisions of the management plan for that reserved land. (2) The instrument establishing a Conservation Management Trust – (a) is to specify the functions of the Conservation Management Trust; and (b) may specify any other matter that the Minister considers necessary. 33. Membership of Conservation Management Trust (1) A Conservation Management Trust is to consist of any of the following persons appointed by the Minister: (a) a person nominated by a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated; (b) a person nominated by a Landcare, Bushcare or similar group constituted under the authority of a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated; (c) a person nominated by a body that provides facilities or services to tourists; (d) a person nominated by a group whose objectives or purposes in the opinion of the Minister are conservation objectives or purposes; (e) a person nominated by a group whose objectives or purposes in the opinion of the Minister are recreational objectives or purposes; (f) a person nominated by the Aboriginal Land Council of Tasmania; (g) the Director or a person nominated by the Director; (h) a person nominated by the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 ; (i) a person nominated by any other group or body that, in the opinion of the Minister, is likely to contribute beneficially to the management of the reserved land. (2) The Minister is to appoint one of the persons referred to in subsection (1) as chairperson of the Trust. (3) Schedule 3 has effect with respect to the membership and meetings of the Trust. 34. Revocation of establishment of Conservation Management Trust (1) The Minister may revoke the establishment of a Conservation Management Trust for any reason that the Minister considers necessary by serving a notice to that effect on each of the members of the Trust. (2) On or after the revocation of the establishment of a Conservation Management Trust, the Minister may give directions as to – (a) the disposition of any accounts of the Trust; and (b) the transfer of any liabilities of the Trust. 35. Dealings with reserved lands (1) A statutory power may not be exercised in relation to any land in a national park, State reserve, nature reserve, historic site or game reserve except where – (a) the exercise of the power is authorised by the management plan for that land; or (b) the power is a power under the Nature Conservation Act 2002 . (2) Subject to any prohibition or restriction imposed by a management plan under section 27(6) , nothing in this Act prevents the alienation of, or any other dealing in, any reserved land that is in the class of conservation area, nature recreation area, regional reserve, private sanctuary or private nature reserve. (3) Despite subsections (1) and (2) , if, at the time that any Crown land becomes reserved land or becomes contained within the class of national park, State reserve, nature reserve, historic site or game reserve, there are subsisting in respect of that land any private rights, nothing in this Act prejudices or affects those rights and they continue to subsist and may be dealt with, and the like powers may be exercised in relation to them, as if that land had not become reserved land or land contained within any of those classes of reserved land. (4) Despite subsection (3) , the power under any Act to terminate, discharge or otherwise abrogate any private right over Crown land that is required for the purposes of any other Act or for any public purpose may be exercised in respect of any such right subsisting over reserved land in any case where the Minister, on the recommendation of the Director, certifies that the land should be freed from that right for the purposes of this Act. 36. Prohibition on destroying trees A person must not cut down a tree, or damage or otherwise destroy a tree or a fallen tree, that is on reserved land without the approval of the managing authority. Penalty: Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years, or both. 37. Restriction of public access to reserved land A management plan for any reserved land may declare that the reserved land, or any part of the reserved land, is a restricted area to which the public does not have a general right of access. 38. Prohibition on certain activities without business licence (1) A person who is not the holder of a business licence must not, in reserved land that is also Crown land – (a) sell or hire out, offer or expose for sale or hiring out, or have in his or her possession for selling or hiring out, any article, material or other thing; or (b) provide, offer to provide or hold himself or herself out as willing to provide any service or facility for any monetary or other consideration; or (c) take or cause to be taken any photograph or cine, video, movie or television film for or with a view to any monetary or other consideration. Penalty: Fine not exceeding 10 penalty units. (2) This section does not apply to a person who holds a lease or licence in force under section 48 . 39. Application for business licence (1) A person may apply to the Minister for a business licence. (2) An application is to be – (a) in writing; and (b) accompanied by any prescribed fee; and (c) accompanied by any information and documents the Minister requires; and (d) lodged with the Minister. (3) The Minister may remit any or all of the fee for an application. 40. Granting of business licence (1) The Minister may – (a) grant an application for a business licence, with or without conditions; or (b) refuse to grant the application. (2) The Minister, by notice in writing, must notify the applicant of – (a) the grant of the application; or (b) the refusal to grant the application and the reasons for the refusal. 41. Issue of business licence (1) On granting an application for a business licence, the Minister is to issue a business licence to the applicant. (2) A business licence may be in a contractual form or in any other form the Minister determines. (3) A business licence may be subject to conditions. 42. Variation of conditions At any time the Minister, by notice in writing to the holder of a business licence, may vary the conditions of the licence. 43. Term of business licence A business licence is in force for the period specified in the licence. 44. Renewal of business licence (1) The holder of a business licence may apply, before the licence ceases to be in force, to the Minister for a renewal of the licence. (2) An application for renewal is to be – (a) in writing; and (b) accompanied by any prescribed fee; and (c) accompanied by any information and documents the Minister requires; and (d) lodged with the Minister. (3) The Minister may – (a) grant an application, with or without conditions; or (b) refuse to grant the application. (4) A licence is renewed – (a) for a period determined by the Minister; and (b) subject to any conditions specified in the licence as renewed. 45. Transfer of business licence (1) The holder of a business licence may apply to the Minister for approval to transfer the licence. (2) An application for approval to transfer a business licence is to be – (a) in writing; and (b) accompanied by any prescribed fee; and (c) lodged with the Minister within 7 days before the transfer is to take effect. (3) The Minister may – (a) approve an application, with or without conditions; or (b) refuse to approve the application. (4) A transfer – (a) is of no effect unless approved by the Minister; and (b) if approved, takes effect on the date of the approval. 46. Cancellation of business licence The Minister may cancel a business licence if – (a) requested to do so by the holder of the licence; or (b) the holder of the licence contravenes any condition of the licence. 47. Delegation to managing authority The Minister may delegate any of his or her functions or powers in relation to a business licence to the managing authority for the reserved land, or part of the reserved land, in respect of which the business licence applies. 48. Minister may grant leases and licences (1) The Minister may grant leases of, or licences to occupy, reserved land that is Crown land. (2) A lease of, or licence to occupy, reserved land that is Crown land may be in any form the Minister determines. (3) Subject to subsections (4) , (5) and (6) , a lease or licence is granted for the period, and on the conditions, approved by the Minister. (4) A lease may not be granted for a period exceeding 99 years. (5) The Minister may not grant a lease or licence that authorises or requires the lessee or licensee to erect a building on land within a national park, State reserve, nature reserve, game reserve or historic site unless the erection of the building is permitted under the management plan or the building is – (a) a building appurtenant to a building already on the land; or (b) a building that the Minister is satisfied is intended to be used primarily for providing – (i) tourist accommodation or accommodation for people resorting to that land; or