Tasmania: Nature Conservation Act 2002 (Tas)

Nature Conservation Act 2002 An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State, to provide for the declaration of national parks and other reserved land 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 Nature Conservation Act 2002 . 2. Commencement This Act commences on the day on which the National Parks and Reserves Management Act 2002 commences. 3. Interpretation (1) In this Act, unless the contrary intention appears – 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; cat means a member of the species Felis catus; class, in relation to reserved land, means the class referred to in section 16 that the reserved land is declared to be under section 11 , 12 , 13 , 14 or 15 ; Commission means the Tasmanian Planning Commission established under section 4 of the Tasmanian Planning Commission Act 1997 ; conservation area means – (a) any land declared under this Act to be reserved land in the class of conservation area; and (b) any land taken to have been so declared; conservation purpose means – (a) any purpose specified in Column 3 of Schedule 1 ; or (b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land; container includes any 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; 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; dingo means a member of the subspecies Canis familiaris dingo; Director means the Director of National Parks and Wildlife appointed under the National Parks and Reserves Management Act 2002 ; dog means a member of the species Canis familiaris; domestic stock means the animals, or the species of animals, prescribed by the regulations to be domestic stock; ferret means a member of the species Mustela putorius; fox means a member of the genus Vulpes; future potential production forest land has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014 ; game means the forms of wildlife that are specified as partly protected wildlife in the wildlife regulations and whose taking is subject to licensing under those regulations; game reserve means – (a) any land declared under this Act to be reserved land in the class of game reserve; and (b) any land taken to have been so declared; geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes; historic site means – (a) any land declared under this Act to be reserved land in the class of historic site; and (b) any land taken to have been so declared; hunting equipment means any weapon, implement, apparatus or material which – (a) is capable of being used for the taking of any wildlife or a product of any wildlife; or (b) is incapable of being so used only by reason of – (i) the absence of, or a defect in, a part; or (ii) the presence of an obstruction; 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 means an area of land held on lease under section 15 ; management agreement, in relation to any private land, means an agreement entered into under section 25 ; management objectives, in relation to any class of reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; managing authority, when used in relation to any reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; Minister for Crown Lands means the Minister for the time being administering the Crown Lands Act 1976 ; mink means a member of the species Mustela vison or Mustela lutreola; national park means – (a) any land declared under this Act to be reserved land in the class of national park; and (b) any land taken to have been so declared; nature recreation area means – (a) any land declared under this Act to be reserved land in the class of nature recreation area; and (b) any land taken to have been so declared; nature reserve means – (a) any land declared under this Act to be reserved land in the class of nature reserve; and (b) any land taken to have been so declared; 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; partly protected wildlife means the species of wildlife prescribed by the regulations as partly protected wildlife; permanent timber production zone land has the same meaning as in the Forest Management Act 2013 ; plant means – (a) a form of vegetation; and (b) an organism belonging to the vegetable kingdom; and (c) a fruit; and (d) a seed; and (e) a product of a plant; and (f) a part of a plant – whether that plant is alive or dead or whether or not capable of growth; prescribed body, in relation to the management of reserved land, has the same meaning as in the National Parks and Reserves Management Act 2002 ; private land means land other than Crown land or land vested in a public authority; private nature reserve means – (a) any land declared under this Act to be reserved land in the class of private nature reserve; and (b) any land taken to have been so declared; 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 means – (a) any land declared under this Act to be reserved land in the class of private sanctuary; and (b) any land taken to have been so declared; products, in relation to wildlife, has the meaning given by subsection (2) ; protected plant means a plant prescribed as a protected plant under section 27 ; public authority means – (a) a council within the meaning of the Local Government Act 1993 ; and (b) another 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; or (b) to any class of reserved land, means the purposes of reservation specified in Schedule 1 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 8 ; Recorder means the Recorder of Titles; regional reserve means – (a) any land declared under this Act to be reserved land in the class of regional reserve; and (b) any land taken to have been so declared; Registrar of Place Names means the Registrar of Place Names appointed under section 7 of the Place Names Act 2020 ; regulations means regulations made and in force under section 76 ; reserved means set aside or acquired for a conservation purpose; reserved land means – (a) any land declared under this Act to be reserved land; and (b) any land taken to have been so declared; resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 2 ; 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; Secretary means the Secretary of the Department; special advisory committee means a special advisory committee established under section 9 ; special species timber harvesting has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014 ; State reserve means – (a) any land declared under this Act to be reserved land in the class of State reserve; and (b) any land taken to have been so declared; statutory power means – (a) a power under an enactment, other than this Act, for – (i) the reservation or dedication of Crown land for any purpose; or (ii) the alienation of, or the grant of private rights in or over, any such land; or (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; trust land means Crown land subject to a trust under section 23 ; wildlife means any living creature other than – (a) a dog or cat; and (b) domestic stock; and (c) fish, within the meaning of the Living Marine Resources Management Act 1995 ; and (d) an animal that – (i) is being farmed under and in accordance with the Biosecurity Act 2019 ; or (ii) has been so farmed and is legally in the possession of any person; wildlife regulations means regulations made for the purposes of Part 4 in respect of the matters referred to in sections 26 , 27 and 28 ; wolf means a member of the genus Canis, other than Canis familiaris. (2) A reference in this Act to the products of any form of wildlife includes a reference to – (a) the dead bodies, and parts of the dead bodies, of that form of wildlife; and (b) any material or thing obtained from the bodies or dead bodies of that form of wildlife; and (c) any eggs of that form of wildlife; and (d) any nests of that form of wildlife. (3) For the purposes of this Act, a form of wildlife may be described by reference to any one or more of the following matters: (a) the species, type or other classification by which it may be described or identified; (b) its sex, age or condition; (c) any of its attributes or characteristics. (4) For the purposes of this Act, a plant may be described by reference to any one or more of the following matters: (a) the species, type or other classification by which it may be described or identified; (b) any of its attributes or characteristics. (5) A reference in this Act to the taking of any wildlife or to 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. (6) 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. (7) 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, seeds, product or part of the plant. (8) 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. (9) A reference in this Act to selling includes a reference to any disposal by way of trade. (10) A reference in this Act to buying includes a reference – (a) to receiving or accepting under a contract to sell; and (b) to offering to receive or accept under a contract to sell; and (c) to causing or suffering to be received or accepted under a contract to sell. (11) For the purposes of this Act, a person is taken to have a thing in his or her possession – (a) if it is in his or her possession, or under his or her 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 him or her; or (ii) used or controlled by him or her 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. (12) 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 In exercising any powers or performing any functions under this Act, a person is to have regard to the resource management and planning system objectives. PART 2 - Administration 6. Functions of the Secretary (1) Subject to this Act, the Secretary has the following functions: (a) keeping the setting aside of land for conservation purposes under review; (b) promoting conservation purposes in relation to the use or development of land generally; (c) carrying out, or arranging for the carrying out of, research and other activities that appear to the Secretary to be desirable in connection with the administration of this Act or the conservation of the fauna, flora or geological diversity of the State; (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) giving advice and assistance to managing authorities for reserved lands; (f) contributing to the preparation of management plans for reserved lands under the National Parks and Reserves Management Act 2002 ; (g) providing effective means for the enforcement of the regulations; (h) negotiating conservation covenants and carrying out functions, as agreed by the Secretary, in relation to land which is, or becomes, the subject of a conservation covenant. (2) The Minister may give directions to the Secretary with respect to the carrying out of his or her functions under this Act and, in carrying out those functions, the Secretary 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 Secretary of any recommendation required under any provision of this Act. 7. Arrangements in respect of National Parks and Reserves Management Act 2002 (1) The Secretary may enter into arrangements with the Director for the purpose of furthering the objectives of the National Parks and Reserves Management Act 2002 . (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. 8. 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 land, or the part of the State, specified in the appointment or authorisation. (5) A ranger appointed under subsection (1) or (2) , or authorised under subsection (3) , in respect of particular land or a particular part of the State is not to perform the functions or exercise the powers of a ranger under this Act in respect of any other land or part of the State. 9. 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 Secretary on such matters arising in relation to the performance of his or her 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 that committee; and (iii) giving the Secretary, or a person nominated by the Secretary, the right to attend meetings of that 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 - Reservation and Acquisition of Land 10. Secretary to consult with Director Before making a recommendation to the Minister in relation to the acquisition or lease of land for a conservation purpose, or for the declaration, naming or revocation of any reserved land, the Secretary is to consult with the Director. 11. Declaration of Crown land as reserved land (1) In this section, Crown land does not include Crown land that is also – (a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or (b) a public reserve. (2) If the Governor is of the opinion that any Crown land should be set aside for a conservation purpose, the Governor, by proclamation, may – (a) declare that land to be reserved land in one of the following classes: (i) national park; (ii) State reserve; (iii) nature reserve; (iv) game reserve; (v) conservation area; (vi) nature recreation area; (vii) regional reserve; (viii) historic site; and (b) give a name to that reserved land; and (c) identify whether the reserve is being declared for the additional purpose of removing carbon dioxide from the atmosphere by all or any of the following means: (i) sequesting carbon in trees in native forest; (ii) avoiding emissions of greenhouse gas attributable to changed forest management practices including the clearing or harvesting of native forest. (2A) For the purposes of subsection (2)(c) – greenhouse gas has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth; native forest has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth. (3) Any name given to reserved land under subsection (2) is to – (a) include the name of the class of that reserved land; and (b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names. (4) A proclamation under subsection (2) may only be made declaring land to be reserved land in a class if the land satisfies the criteria relating to that class set out in section 16 . (5) Subject to any proclamation made under section 21 , any area of reserved land in a class referred to in subsection (2)(a) remains reserved land of that class despite any subsequent disposition of the land or any other dealing in that land. 12. Declaration of private land as reserved land (1) If the Governor is of the opinion that any private land should be set aside for a conservation purpose, the Governor, by proclamation, may – (a) declare that land to be reserved land in one of the following classes: (i) private sanctuary; (ii) private nature reserve; and (b) give a name to that reserved land. (2) Any name given to reserved land under subsection (1) is to – (a) include the name of the class of that reserved land; and (b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names. (3) A proclamation under subsection (1) may only be made declaring land to be reserved land in a class if the land satisfies the criteria relating to that class set out in section 16 . (4) A proclamation may only be made under subsection (1) if the owner of the land has consented. (5) Subject to any proclamation made under section 21 , any area of reserved land in the class of private sanctuary or private nature reserve remains reserved land of that class despite any subsequent disposition of the land or any other dealing in the land. (6) A proclamation made under subsection (1) does not have effect until it is registered in accordance with section 22 . 13. Declaration of land vested in public authority as reserved land (1) In this section, land vested in a public authority does not include Crown land that is also – (a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or (b) a public reserve. (2) If the Governor is of the opinion that any land vested in a public authority should be set aside for a conservation purpose, the Governor, by proclamation, may – (a) declare that land to be reserved land in the class of conservation area; and (b) give a name to that reserved land. (3) Any name given to reserved land under subsection (2) is to – (a) include the name of the class of that reserved land; and (b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names. (4) A proclamation under subsection (2) may only be made declaring land to be reserved land in the class of conservation area if the land satisfies the criteria relating to that class set out in section 16(5) . (5) A proclamation may only be made under subsection (1) if the public authority in which the land is vested consents. (6) Subject to any proclamation made under section 21 , any area of reserved land that is vested in a public authority remains reserved land in the class of conservation area despite any subsequent disposition of the land or any other dealing in that land. 14. Land acquired by Governor as reserved land (1) The Governor may acquire any area of land that, in the opinion of the Governor, should be acquired for a conservation purpose. (2) From the day on which an area of land acquired under subsection (1) is registered in the name of the Crown, the land – (a) is taken to have been set aside for a conservation purpose; and (b) is declared to be reserved land in the class of conservation area. 15. Lease of reserved land (1) If the Minister, on the recommendation of the Secretary, is satisfied that any land should be set aside for a conservation purpose for a specified period, the Minister may, in the name and on behalf of the Crown, take a lease of that land for the term, and on the covenants and conditions, approved by the Minister. (2) For the term of the lease of an area of land under subsection (1) , that land – (a) is taken to have been set aside for a conservation purpose; and (b) is declared to be reserved land in – (i) the class of national park if the land satisfies the criteria relating to that class set out in section 16(1) ; or (ii) the class of State reserve if the land satisfies the criteria relating to that class set out in section 16(2) ; or (iii) the class of nature reserve if the land satisfies the criteria relating to that class set out in section 16(3) ; or (iv) the class of game reserve if the land satisfies the criteria relating to that class set out in section 16(4) ; or (v) the class of historic site if the land satisfies the criteria relating to that class set out in section 16(8) . 16. Classes of reserved land (1) Land may be declared to be reserved land in the class of national park if – (a) the land – (i) possesses the values specified in Column 2 for item 1 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of national park possessing those values; and (b) the land was reserved for – (i) the purpose specified in Column 3 for item 1 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (2) Land may be declared to be reserved land in the class of State reserve if – (a) the land – (i) possesses the values specified in Column 2 for item 2 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of State reserve possessing those values; and (b) the land was reserved for – (i) any one or more of the purposes specified in Column 3 for item 2 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (3) Land may be declared to be reserved land in the class of nature reserve if – (a) the land – (i) possesses the values specified in Column 2 for item 3 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of nature reserve possessing those values; and (b) the land was reserved for – (i) the purposes specified in Column 3 for item 3 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (4) Land may be declared to be reserved land in the class of game reserve if – (a) the land – (i) possesses the values specified in Column 2 for item 4 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of game reserve possessing those values; and (b) the land was reserved for – (i) the purposes specified in Column 3 for item 4 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (5) Land may be declared to be reserved land in the class of conservation area if – (a) the land – (i) possesses the values specified in Column 2 for item 5 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of conservation area possessing those values; and (b) the land was reserved for – (i) the purposes specified in Column 3 for item 5 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (6) Land may be declared to be reserved land in the class of nature recreation area if – (a) the land – (i) possesses the values specified in Column 2 for item 6 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of nature recreation area possessing those values; and (b) the land was reserved for – (i) the purpose specified in Column 3 for item 6 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (7) Land may be declared to be reserved land in the class of regional reserve if – (a) the land – (i) possesses the values specified in Column 2 for item 7 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of regional reserve possessing those values; and (b) the land was reserved for – (i) the purposes specified in Column 3 for item 7 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (8) Land may be declared to be reserved land in the class of historic site if – (a) the land – (i) possesses the values specified in Column 2 for item 8 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of historic site possessing those values; and (b) the land was reserved for – (i) the purposes specified in Column 3 for item 8 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (9) Land may be declared to be reserved land in the class of private sanctuary if – (a) the land – (i) possesses the values specified in Column 2 for item 9 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of private sanctuary possessing those values; and (b) the land was reserved for – (i) the purpose specified in Column 3 for item 9 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) . (10) Land may be declared to be reserved land in the class of private nature reserve if – (a) the owner of the land has given up any right to require that the reservation of that land be revoked; and (b) the land – (i) possesses the values specified in Column 2 for item 10 of Schedule 1 ; or (ii) adjoins an area of reserved land in the class of private nature reserve possessing those values; and (c) the land was reserved for – (i) the purposes specified in Column 3 for item 10 of that Schedule; or (ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (b)(ii) . 17. Alteration of class of reserved land (1) The Governor, by proclamation, may – (a) declare any reserved land, or part of any reserved land, that has been declared to be in one of the classes referred to in section 11(2) to be reserved land in another of the classes specified in that section; and (b) give a name to that reserved land. (2) Any name given to any reserved land under subsection (1) is to – (a) include the name of the class of that reserved land, as specified in section 11(2) ; and (b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names. (3) A proclamation under subsection (1) may only be made declaring land to be reserved land in another class if the land satisfies the criteria relating to that other class as set out in section 16 . 18. Parliamentary approval required for certain draft proclamations (1) A proclamation is not to be made under section 11(2) declaring permanent timber production zone land in existence immediately before the commencement of section 4(2) of the Forestry (Rebuilding the Forest Industry) Act 2014 to be of any class of reserved land unless a draft of the proclamation has been first approved by each House of Parliament. (1A) A proclamation is not to be made under section 11(2) declaring future potential production forest land to be of any class of reserved land unless a draft of the proclamation has been first approved by each House of Parliament. (1B) A proclamation is not to be made under section 11(2) or section 17(1) declaring land other than permanent timber production zone land that was in existence immediately before the commencement of section 4(2) of the Forestry (Rebuilding the Forest Industry) Act 2014 or future potential production forest land to be reserved land in the class of national park, State reserve, nature reserve or historic site unless a draft of the proclamation has been first approved by each House of Parliament. (2) A proclamation is not to be made under section 17(1) declaring any reserved land, or part of any reserved land, in the class of national park, State reserve, nature reserve, game reserve or historic site to be in any other class unless a draft of the proclamation has been first approved by each House of Parliament. (3) For the purposes of subsection (1B) , a House of Parliament is to be taken to have approved a draft of a proclamation if a copy of it has been laid on the table of the House and – (a) it is approved by the House; or (b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or (c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived. 19. Naming of reserved land (1) The Governor, by proclamation, may give a name to any reserved land – (a) that has not been given a name under this Act; or (b) whose name does not include the name of a class of reserved land specified in section 11(2) or section 12(1) . (2) The Governor, by proclamation, may give another name to any reserved land, or part of any reserved land, that has been given a name under this Act. (3) Any name given to any reserved land under subsection (1) or (2) is to – (a) include the name of the class of that reserved land as specified in section 11(2) or section 12(1) ; and (b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names. (4) A proclamation is not to be made under subsection (1) or (2) if that proclamation would have the effect of altering the class of any reserved land. (5) A proclamation made under subsection (1) or (2) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 22 . 20. Prohibition of certain names except in reference to reserved land A person must not use, or cause or permit to be used, alone or in combination with other words, the name of any class of reserved land specified in section 11(2) or section 12(1) in reference to any land – (a) that is not reserved land; or (b) that is not reserved land of that class. Penalty: Fine not exceeding 20 penalty units. 21. Revocation of reservations (1) Subject to this section, the Governor by proclamation may declare that any area of land ceases to be, or to form part of, reserved land. (2) If an area of land is declared under subsection (1) to cease to be, or to form part of, reserved land, that area of land ceases to be, or to form part of, reserved land – (a) in the case of reserved land in the class of private sanctuary or private nature reserve, on the day the proclamation is registered under section 22; or (b) in any other case – (i) on the day specified in the proclamation; or (ii) if a day is not specified in the proclamation, on the day the proclamation is notified in the Gazette. (3) A proclamation may not be made under subsection (1) in respect of a leased reserve. (4) Subject to subsection (5) , a proclamation may not be made under subsection (1) unless a draft of the proclamation has been first approved by each House of Parliament. (5) Subsection (4) does not apply to a proclamation relating to reserved land in the class of private sanctuary. (6) A proclamation may not be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under section 25 for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that – (a) the owner has refunded – (i) any money paid for the purpose of securing that reserve; or (ii) an appropriate proportion of that money; or (b) the owner has refunded – (i) any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or (ii) an appropriate proportion of that money; or (c) the owner has refunded – (i) any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or (ii) an appropriate proportion of that money; or (d) special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money. (7) For the purposes of this section, a House of Parliament is to be taken to have approved a draft of a proclamation that relates to reserved land in the class of conservation area, nature recreation area or regional reserve if a copy of it has been laid on the table of the House and – (a) it is approved by the House; or (b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or (c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived. 22. Registration of proclamation relating to private sanctuary or private nature reserve (1) If a proclamation is made under section 12 declaring any land to be in the class of private sanctuary or private nature reserve, the Minister, as soon as practicable, is to cause the proclamation to be registered in respect of that land. (2) If a proclamation is made under section 19 relating to any reserved land in the class of private sanctuary or private nature reserve, the Minister, as soon as practicable, is to cause the proclamation to be registered in respect of the land to which it relates. (3) If a proclamation is made under section 21(1) by which the whole or any part of reserved land in the class of private sanctuary or private nature reserve ceases to be, or form part of, reserved land, the Minister, as soon as practicable, is to cause the proclamation to be registered in respect of the land to which it relates. (4) The provisions of Schedule 3 have effect in relation to the registration of proclamations referred to in this section. (5) Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of, or as prejudicing or affecting the operation of, any proclamation referred to in this section. 23. Lands subject to trusts (1) Land that may be acquired under section 14 may be so acquired subject to a trust for its use for a conservation purpose. (2) For the purposes of subsection (1) , if land is held by trustees on trust for its use for a conservation purpose those trustees may, unless the instrument under which the land is held otherwise provides, surrender that land subject to its continuing to be held on that trust. 24. Supplementary provisions as to acquisition of land, &c. (1) Land that may be acquired under section 14 may be acquired under and in accordance with the Land Acquisition Act 1993 , or by any means by which land may be surrendered to, or may revert to and revest in, the Crown. (2) If any land that may be acquired under section 14 is held under a single title with other land, the Governor may acquire the whole or any part of that other land. (3) If the Governor is authorised under this Act to acquire any land, that land may be acquired by the exchange for it of any Crown land, other than reserved land. (4) An exchange of land under this section may be made on the terms and conditions agreed, including terms and conditions with respect to the payment, giving or receipt of any sums or other consideration by way of equality of exchange. (5) For the purpose of effecting an exchange of land under this section, the Governor may grant any Crown land for an estate in fee simple. (6) If any land has been acquired under this Part but does not by that acquisition become reserved land, that land, without prejudice to the exercise of any other powers of this Act, may be disposed of or dealt with in accordance with the Crown Lands Act 1976 , or otherwise, as if it were Crown land within the meaning of that Act. 25. Management agreement for private land (1) The Minister may enter into any agreement relating to the use and management of any private land if to do so would, in the opinion of the Minister, tend to promote – (a) conservation purposes in relation to that land; or (b) the purposes for which a private nature reserve or private sanctuary has been set aside under this Act. (2) An agreement entered into under this section may involve the payment of money (whether by way of grant, loan or otherwise) by the Minister to the owner for the purpose of ensuring that – (a) the provisions of any management plan for the private land are complied with; and (b) if there is not a management plan for the private land and it is reserved land, the management objectives for that class of reserved land are met; and (c) any conservation objectives for the private land are met. (3) Money is to be paid under this section on the terms and conditions the Minister, on the recommendation of the Secretary, agrees to. (4) Any terms and conditions referred to in subsection (3) may give the Secretary rights in respect of a private nature reserve or private sanctuary. (5) An agreement under this section may include provision for a conservation covenant under Part 5 . PART 4 - Conservation of Fauna and Flora 26. Wildlife regulations as to fauna (1) Without limiting the matters in respect of which the regulations may be made, the regulations, in relation to wildlife or any form of wildlife, may make provision for the prohibition or control of – (a) the taking of wildlife or any products of wildlife; and (b) the use or having in possession of any hunting equipment intended to be, or capable of being, used for the purpose of taking wildlife or any products of wildlife; and (c) the use of any living thing for the purpose of taking wildlife or any products of wildlife; and (d) the keeping or having in possession of wildlife or any products of wildlife; and (e) the buying or selling of, or other dealings in, wildlife or any products of wildlife; and (f) the exportation or disposal of wildlife or the products of wildlife. (2) The wildlife regulations – (a) may require the payment of royalties in respect of the taking of any form of wildlife; and (b) may make provision for the collection of those royalties. (3) The wildlife regulations may contain – (a) provisions for the preservation of good order among persons engaged in taking wildlife or any form of wildlife; and (b) for the purposes of protecting any crops or property, provisions – (i) for authorising or regulating the taking of any form of wildlife; and (ii) regulating the disposal of the carcass, or any part of the carcass, of any wildlife so taken and the application of the proceeds of that disposal; and (c) for the purposes of protecting fish farming and other fishing activity, provisions prohibiting or controlling the use of devices designed to deter seals from interfering with fish farming and other fishing activities. 27. Wildlife regulations as to flora (1) Without limiting the matters in respect of which the regulations may be made, the regulations may prescribe the plants that are to be protected plants for the purposes of this Act. (2) The wildlife regulations may prohibit or control – (a) the taking or having in possession of a protected plant; and (b) the buying or selling of, or other dealings in, a protected plant; and (c) the exportation or disposal of any protected plant. 28. Supplementary provisions as to wildlife regulations (1) The wildlife regulations may make differing provisions with respect to different places or parts of the State and with respect to different times, places and circumstances. (2) The wildlife regulations may prohibit the doing of any act – (a) during periods, or otherwise than during periods, specified in the wildlife regulations; and (b) in places or parts of the State, or otherwise than in places or parts of the State, specified in the wildlife regulations. (3) The wildlife regulations may confer powers or discretions on the Secretary, rangers, persons employed in the Department and other persons. (4) The power to make provision in the wildlife regulations for the prohibition or control of the doing of any act includes power to make provision for the prohibition of the doing of that act otherwise than under the authority of a licence or permit. (5) For the purposes of subsection (4) , the wildlife regulations may provide for – (a) the terms of a licence or permit referred to in that subsection; and (b) the authority granted by that licence or permit; and (c) the issue, duration, renewal, suspension, cancellation or surrender of that licence or permit; and (d) the circumstances in which, or the conditions under which, that licence or permit may, or may not, be issued or renewed, or refused to be issued or renewed, or suspended, cancelled or surrendered. (6) The wildlife regulations, in relation to any matter that may be made the subject of prohibition or control under the regulations, may provide for – (a) the production, inspection, marking or identification of any wildlife, products of wildlife or protected plant; and (b) the giving of notifications and other information to the Secretary, rangers, persons employed in the Department and other persons; and (c) the keeping and production of records. (7) The wildlife regulations – (a) may require the payment of fees or charges in respect of – (i) the issue or renewal of licences or permits issued under the regulations; and (ii) applications for the issue or renewal of those licences or permits; and (iii) any inspection, marking or identification carried out under the regulations; and (b) may provide for the collection of any such fees or charges. (8) The wildlife regulations may impose penalties for contraventions of any provision of the wildlife regulations and – (a) different penalties may be imposed for successive contraventions of those provisions or any of them; and (b) a daily penalty, not exceeding 1 penalty unit, may be imposed in respect of each day for which the contravention continues; and (c) additional penalties, in addition to any penalty otherwise prescribed, not exceeding 5 penalty units, may be imposed in respect of – (i) each individual creature, the products of each individual creature or each plant; or (ii) each piece of hunting equipment – with respect to which the contravention was committed. (9) Any penalty imposed pursuant to this section in respect of any individual contravention, and the aggregate of all the penalties so imposed, may not exceed 100 penalty units. (10) A reference in this section to the doing of an act includes a reference to the keeping of any thing, the having of any thing in possession and the engaging in any activity or course of conduct. (11) Nothing in the wildlife regulations prejudices or affects the exercise of any authority given by a permit granted under section 29 . 29. Special permits to take wildlife (1) In this section, specified means specified in a permit granted under subsection (2) . (2) The Secretary may grant a permit authorising, subject to compliance with any specified conditions and restrictions, one or more of the following: (a) the taking on specified lands of specified wildlife, specified products of specified wildlife or specified protected plants; (b) the keeping or having in possession by a person of specified wildlife, specified products of specified wildlife or specified protected plants. (3) A permit may not be granted under this section in respect of any reserved land for which a management plan is in force if to do so would be, or would authorise an activity that is, contrary to the management plan. (4) A permit may not be granted under this section – (a) in respect of any reserved land vested in a public authority or any private land, except on the application of, or with the consent of, the public authority in whom the land is vested or the owner of that land; and (b) in respect of any reserved land of which a prescribed body is the managing authority, except on the application of, or with the consent of, that body; and (c) in respect of any reserved land of which a Conservation Management Trust within the meaning of the National Parks and Reserves Management Act 2002 is the managing authority, except on the application of, or with the consent of, that Conservation Management Trust; and (d) in respect of any other reserved land, except on the application of, or with or conditional upon the consent of, the managing authority. (5) A permit granted under subsection (2)(a) is to specify the period (being a period not exceeding 4 years in length) for which it remains in force and, at the end of that period, the permit ceases to be of further effect. (6) A permit granted under subsection (2)(b) may specify the period for which it remains in force and – (a) if the permit does specify such a period, it ceases to be of further effect at the end of that period; and (b) if the permit does not specify such a period, it continues to have effect until revoked. (7) At any time, the Secretary may revoke a permit granted under this section but, if the managing authority was required to be consulted regarding the grant of the permit, it may not be revoked without that managing authority being advised of the intention to revoke it. (8) The wildlife regulations may make provision for the payment of fees on the making of an application for, or the grant of, a permit under this section. 30. Open seasons for partly protected wildlife (1) The Minister, by order, may determine the seasons, dates and places on or at which the taking of any form of partly protected wildlife may – (a) start and stop; or (b) be prohibited; or (c) be permitted. (2) The order may impose conditions and have differential application. (3) A person must not contravene an order. Penalty: Fine not exceeding 50 penalty units. 31. Saving for rights of landowners, &c. The issue of a licence or the granting of a permit under this Part or the wildlife regulations does not render lawful the entering on any land that would have been unlawful if that licence had not been issued or that permit had not been granted. 32. Prohibition on introduction, &c., of certain animals (1) In this section – controlled animal means – (a) a mammal, bird, amphibian and reptile; and (b) any other animal prescribed by the regulations to be a controlled animal – but does not include any restricted animal, dog, cat or domestic stock; restricted animal means – (a) a fox, wolf, dingo and mink; and (b) any other animal prescribed by the regulations to be a restricted animal; and (c) a hybrid of an animal referred to in paragraph (a) or (b) . (2) A person must not bring into the State, or cause or allow to be brought into the State, a restricted animal or a controlled animal unless the importation is in accordance with – (a) the prior written permission of the Secretary; and (b) the Biosecurity Act 2019 . Penalty: In the case of – (a) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. (3) A person must not, except in accordance with the prior written permission of the Secretary – (a) be in possession of a restricted animal; or (b) cause or allow a restricted animal, a ferret or a controlled animal to go at large in the State. Penalty: In the case of – (a) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. (4) A person must not be in possession of a controlled animal that has been brought into the State in contravention of subsection (2) . Penalty: Fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. (5) The Secretary may – (a) grant permission under subsection (2) or (3) subject to any conditions he or she thinks fit; or (b) refuse to grant the permission. (6) The Secretary may only grant permission under subsection (2) or (3) in respect of a restricted animal if the importation, possession or going at large of the restricted animal is required as part of a program to manage feral populations of animals of the same species as that restricted animal. (7) A person who fails to comply with a condition to which a permission is subject is guilty of an offence. Penalty: In the case of – (a) a restricted animal or ferret, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. (8) If a person is in possession of a restricted animal or a controlled animal, that animal is presumed, until the contrary is proved, to have been brought into the State without the prior written permission of the Secretary. (9) If the Secretary, or a person authorised by the Secretary, finds or reasonably suspects that a restricted animal or a controlled animal has been brought into the State by, or is in the possession of, a person contrary to the provisions of this section, the Secretary or authorised person may seize it, destroy it, dispose of it or cause it to be destroyed or disposed of. (10) Without limiting the ways in which an animal may be disposed of under subsection (9) , the animal may be disposed of by giving it, together with a permission under subsection (3) in the case of a restricted animal, to an educational or research institution. (11) Despite subsection (4) , if a controlled animal is disposed of under subsection (9) by giving it to an educational or research institution, the institution may possess that animal subject to any conditions determined by the Director. (12) The Secretary may charge any person with any costs incurred in respect of any seizure, destruction or disposal of an animal carried out under subsection (9) . (13) A person must not, without the prior written permission of the Secretary or a person authorised by the Secretary, remove or take away an animal seized under subsection (9) . Penalty: In the case of – (a) a restricted animal, a fine of not more than 500 penalty units or imprisonment for a term of not more than 5 years, or both, for each animal in respect of which the offence was committed; or (b) a controlled animal, a fine not exceeding 10 penalty units in respect of each animal in respect of which the offence was committed. 32A. Amendment of Schedules (1) The Minister, by order published in the Gazette, may amend any Schedule to regulations made under this Act – (a) by adding the name of an order, family, common name or species; or (b) by amending the name of an order, family, common name or species; or (c) by omitting the name of an order, family, common name or species. (2) An order under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 . PART 5 - Conservation Covenants Division 1 - Interpretation of Part 33. Interpretation of Part In this Part, unless the contrary intention appears – affected owner means an owner of land in respect of which, under section 19(1) of the Forest Practices Act 1985 , an application to the Forest Practices Authority for the certification of a forest practices p