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