1 Short title

5 Interpretation

6 Constitution of Minister as a corporation sole

9 Power of acquisition

10 Research and investigations

11 Wildlife Conservation Fund

12 Delegation

13 Information to be included in annual report

14 Minister not to administer this Act

15 Establishment and membership of the Council

16 Conditions of membership

17 Vacancies or defects in appointment of members

18 Direction and control of the Minister

19 Proceedings of the Council

19A Conflict of interest under Public Sector (Honesty and Accountability) Act

19B Allowances and expenses

19C Functions of the Council

19D Annual report

19E Establishment of advisory committees

19F Members of advisory committees

19G Quorum

19H Proceedings of advisory committees

19I Direction and control of advisory committees

19K Allowances and expenses

19L Annual report

19M Establishment of consultative committees

19N Quorum

19O Proceedings of consultative committees

20 Appointment of wardens

21 Assistance to warden

22 Powers of wardens

23 Forfeiture

24 Hindering of wardens etc

24A Offences by wardens etc

25 Power of arrest

26 False representation

27 Constitution of national parks by statute

28 Constitution of national parks by proclamation

28A Certain co-managed national parks cease on termination of co-management agreement

29 Constitution of conservation parks by statute

30 Constitution of conservation parks by proclamation

30A Certain co-managed conservation parks cease on termination of co-management agreement

31 Constitution of game reserves by statute

32 Constitution of game reserves by proclamation

33 Constitution of recreation parks by statute

34 Constitution of recreation parks by proclamation

34A Constitution of regional reserves by proclamation

34B Native title in relation to reserves

35 Control of reserves

36 Management of reserves

37 Objectives of management

38 Management plans

39 Creation of zones within a reserve

40 Implementation of management plan

40A Agreement as to conditions

41 Approval of proposal for constitution of reserve

41A Alteration of boundaries of reserves

42 Prohibited areas

43 Rights of prospecting and mining

43A Prospecting and mining in regional reserves

43AB Power to prohibit prospecting and mining in the Innamincka Regional Reserve

43B Entry onto reserves for purpose of investigation and survey

43C Entrance fees etc for reserves

43D Application

43E Objects

43F Co-management agreement

43G Establishment of co-management boards by regulation

43H Corporate nature of co-management board

43I Dissolution or suspension of co-management boards

43J Staff

43K Accounts and audit

43L Annual report

44 Establishment of sanctuaries

45 Protection of animals and plants in sanctuary

45A Interpretation and application

45B Development Trusts

45BA The General Reserves Trust

45C Trust to be body corporate

45D Appointment of members to a Trust

45E Chairman and meetings of a Trust

45F Functions of a Trust

45G Trust may delegate

45H Staff of a Trust

45I Acquisition of land

45J Financial provisions

45L Dissolution of a Trust

45M Establishment of the Fund

45N Investment of the fund

45O Accounts and auditing

46 Application of this Part

47 Unlawful taking of native plants

48 Unlawful disposal of native plants

48A Illegal possession of native plants

49 Permits

49A Permits for commercial purposes

50 Application of this Part

51 Taking of protected animals etc

52 Open season

53 Permits to take protected animals

53A Review of decision of the Minister under section 53

54 Dangerous magpies and poisonous reptiles

55 Restriction on release of protected animals

58 Keeping and sale of protected animals

58A Restriction on keeping protected animals in certain areas

59 Export and import of protected animals and native plants

60 Illegal possession of animals etc

60B Interpretation

60BA Declaration of species for trial farming

60C Permit for farming protected animals

60D Code of management

60E Royalty

60F Application of fees and royalty

60G Application of Division

60H Interpretation

60I Plan of management

60J Permit for harvesting protected animals

60K Royalty

60L Application of fees and royalty

61 Royalty

62 Demand for royalty

63 Recovery of royalty by civil action

64 Unlawful entry on land

65 Use of poison

66 Restriction on use of certain devices

67 Devices for the illegal taking of animals

68 Molestation etc of protected animals

68A Hunting permits

68B Unlawful entry on land

68C Interpretation

68D Hunting and food gathering by Aboriginal persons

68E Exemption from requirement to hold hunting permit

69 Permits

70 Obligation to produce permit

70A Failure to comply with authority

71 Duplicate

72 False or misleading statement

73 Offences against provisions of proclamations and notices

73A Liability of vehicle owners and expiation of certain offences

74 Additional penalty

74A Maximum penalties in relation to wilderness protection areas and zones

75 Evidentiary provisions

75A Defence

77 Powers of court

78 Financial provision

79 Wilful damage to reserve or property of Minister or relevant board

80 Regulations

81 Codes of practice etc

This Act may be cited as the National Parks and Wildlife Act 1972.

In this Act, unless the contrary intention appears—

Aboriginal means of, or pertaining to, the people who inhabited Australia before European colonisation or their descendants;

Aboriginal-owned land means land the fee simple in which is vested in—

Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;

aircraft includes a glider or balloon capable of carrying a person;

appointed member in relation to the Council means a member of the Council appointed by the Governor under Part 2 Division 2;

animal includes any species of animal;

carcass of an animal means the whole or any part of—

the Chief Executive means the person appointed to, or assigned to act in, the position of Chief Executive of the Department;

co-managed park means a national park or conservation park in relation to which a co-management agreement is in force under Part 3;

co-management agreement means a co-management agreement under Division 6A of Part 3;

co-management board for a co-managed park means a board established under Division 6A of Part 3, or under any other Act, to manage the co-managed park;

conservation park means land constituted, and for the time being continuing, as a conservation park under Part 3;

controlled species means a species of animal declared to be a controlled species pursuant to this Act;

the Council means the South Australian National Parks and Wildlife Council established by this Act;

Crown land means—

day means any period of 24 hours, commencing at midnight;

the Department means the administrative unit that is responsible for the administration of this Act;

device means any trap, net, snare or other device for taking or facilitating the taking of animals and includes any substance that can be used for that purpose;

the Director means the person for the time being holding, or acting in, the office of, Director of National Parks and Wildlife;

egg includes any part of an egg or egg shell;

endangered species means a species of animal or plant referred to in Schedule 7;

firearm includes any device from which any kind of shot, bullet, or other missile can be discharged;

forest reserve means a forest reserve within the meaning of the Forestry Act 1950;

game reserve means land constituted, and for the time being continuing, as a game reserve under Part 3;

land includes waters;

marine mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);

mining Act means the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982;

mining production tenement means—

mining tenement means a claim, lease, licence, permit or other authority granted under a mining Act;

minor alterations or additions to a public road means alterations or additions by way of realignment or reforming of a public road that are desirable in the interests of safety;

Murray-Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993;

national park means land constituted, and for the time being continuing, as a national park under Part 3;

native plant means any plant that is indigenous to Australia and includes any plant of a species declared by regulation to be a native plant;

owner in relation to land, means the holder of any estate or interest in the land, and includes—

plant means vegetation of any species including—

premises includes vacant land;

private land means any land except Crown land;

prohibited species means a species of animal declared to be a prohibited species pursuant to this Act;

protected animal means—

but does not include animals of the species referred to in Schedule 10 or any animals declared by regulation to be unprotected;

public road means a road—

rare species means a species of animal or plant referred to in Schedule 9;

recreation park means land constituted, and for the time being continuing, as a recreation park under Part 3;

relevant Aboriginal group, in relation to particular land, means an Aboriginal group or community with a traditional association with that land;

relevant mining Minister in relation to a mining tenement means the Minister administering the Act under which the tenement is granted;

reserve means any national park, conservation park, game reserve, recreation park or regional reserve constituted under this Act;

River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003;

sell means—

and sale has a corresponding meaning;

take—

to hunt means to take any mammal or bird that has not been domesticated or brought into captivity;

traditional association, in relation to particular land, means an association with that land consisting of social, economic or spiritual affiliations with, and responsibilities for, the land in accordance with Aboriginal tradition;

vehicle includes—

vulnerable species means a species of animal or plant referred to in Schedule 8;

warden means a person for the time being holding the office of warden under this Act;

wilderness protection area means land constituted as a wilderness protection area under the Wilderness Protection Act 1992;

wilderness protection zone means land constituted as a wilderness protection zone under the Wilderness Protection Act 1992;

wildlife means all native plants and animals indigenous to Australia existing apart from cultivation or domestication.

(1) The Minister is a corporation sole.

(2) The Minister is, in that corporate capacity, capable of acquiring, holding and disposing of real and personal property and of performing any other acts that lie within the capacity of a person of full age and capacity.

(3) In any legal proceedings a document apparently bearing the signature or the common seal of the Minister will, in the absence of evidence to the contrary, be taken to have been duly executed by the Minister.

(1) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act.

(2) Where a notice of intention to acquire land has been served, a person who wilfully damages the land or destroys or harms wildlife on the land is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 12 months.

(3) Where the Minister has reasonable cause to suspect that a person may act in contravention of subsection (2), the Minister may authorise a warden to enter upon the land and to exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection.

(4) A warden authorised under subsection (3) may enter upon the land and use such force as may be necessary or expedient to prevent the commission of an offence under this section.

(1) The Minister may—

(2) The Minister may make available to the public the results of any research or investigation conducted under this section.

(1) The Wildlife Conservation Fund is established.

(2) The fund consists of—

(3) Subject to this Act, the Minister may apply any portion of the fund towards—

(4) The Minister may invest any money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer.

(1) The Minister may delegate to the Chief Executive, the Director, the Council, an advisory committee or to any other person any of the Minister's powers under this Act.

(2) The Chief Executive may, with the Minister's consent, delegate to the Director, the Council, an advisory committee or to any other person any of the powers delegated to the Chief Executive.

(3) The Director may delegate to the Council, an advisory committee or any other person any of the Director's powers under this Act, including, with the consent of the person who has delegated the power, a power delegated to the Director under this section.

(4) A delegation under this section may be expressed as a delegation to a Public Service employee for the time being performing particular duties or holding or acting in a particular position.

(5) A delegation under this section may be revoked at will by the delegator and does not prevent the exercise of any power by the delegator.

(1) The annual report of the Department must include the following information:

(2) Every second annual report referred to in subsection (1) must include an assessment of the desirability of amending Schedules 7, 8, 9 and 10.

The Minister administering a mining Act must not assume responsibility for the administration of this Act.

(1) The South Australian National Parks and Wildlife Council is established.

(2) The Council consists of eight members seven of whom will be appointed by the Governor on the recommendation of the Minister.

(3) The other member of the Council is the Director.

(4) Of the appointed members—

(5) Each of the appointed members of the Council must be a person who, in the opinion of the Minister, has a commitment to the conservation of animals, plants and other natural resources.

(6) At least two of the members of the Council must be men and two must be women.

(7) One of the appointed members of the Council will be appointed by the Governor, on the recommendation of the Minister, to be the presiding member of the Council.

(1) A member appointed by the Governor will be appointed for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.

(2) The Governor may remove an appointed member from office—

(3) The office of an appointed member becomes vacant if the member—

(4) If the office of an appointed member of the Council becomes vacant a person must be appointed by the Governor in accordance with section 15 to the vacant office.

An act of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.

The Council is subject to the direction and control of the Minister.

(1) Five of the members of the Council appointed by the Governor constitute a quorum of the Council and no business may be conducted by the Council unless a quorum is present.

(2) The presiding member will preside at each meeting of the Council at which he or she is present.

(3) If the presiding member is absent, an appointed member chosen by the appointed members present will preside at the meeting.

(4) A decision carried by a majority of the votes cast by appointed members at a meeting is a decision of the Council.

(5) Each appointed member present at a meeting of the Council has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.

(6) The Director is not entitled to vote at a meeting of the Council.

(7) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if—

(8) A proposed resolution of the Council becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if—

(9) The Council must cause accurate minutes to be kept of its proceedings.

(10) Subject to this Act, the Council may determine its own procedures.

A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with ecologically-based tourism generally, or a substantial section of those engaged in or associated with ecologically-based tourism.

The appointed members of the Council are entitled to such allowances and expenses as may be determined by the Minister.

(1) The functions of the Council are—

(2) Without limiting subsection (1)(a), the Council may advise the Minister on the following matters relating to the administration of this Act:

(1) The Council must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year.

(2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.

(1) The Minister may establish one or more advisory committees to advise the Minister on any matter relating to the administration of this Act.

(2) The Minister may, at the request of the Council, establish one or more advisory committees to advise the Council on any matter relating to the performance by the Council of its functions.

(3) An advisory committee may, but need not, consist of, or include, members of the Council.

(4) Without limiting the matters on which an advisory committee may advise the Minister or the Council, a committee may provide advice as to—

(1) Members of committees will be appointed by the Minister for a term, not exceeding three years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment.

(2) The Minister may remove a member of a committee from office—

(3) The office of a member becomes vacant if the member—

The quorum for the transaction of business at a meeting of an advisory committee is determined by dividing the number of members of the committee by two, disregarding any fraction and adding one.

(1) Meetings of advisory committees must be held in accordance with procedures prescribed by regulation.

(2) To the extent that procedures are not prescribed by regulation, meetings must be held in accordance with directions of the Minister.

(3) Subject to procedures prescribed by regulation or directed by the Minister, an advisory committee may determine its own procedures.

(1) Subject to subsection (2), advisory committees are under the direction and control of the Minister.

(2) An advisory committee established by the Minister at the request of the Council is under the direction and control of the Council.

The members of a committee are entitled to such allowances and expenses as may be determined by the Minister.

(1) A committee must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year.

(2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.

(3) Subsection (1) does not apply to a committee that is established on or after 1 July in a financial year and is dissolved before 30 June in the same year.

(1) The Minister may establish consultative committees to represent the community interest in the management of reserves and the conservation of animals, plants and ecosystems in a particular part of the State.

(2) The members of a consultative committee must be persons who, in the opinion of the Minister, have local knowledge that is relevant to, or who are interested in, the management of reserves or the conservation of animals, plants and ecosystems in the part of the State in relation to which the consultative committee is established.

(3) Members of consultative committees hold office at the pleasure of the Minister.

The quorum for the transaction of business at a meeting of a consultative committee is determined by dividing the number of members of the committee by two, disregarding any fraction and adding one.

(1) Meetings of consultative committees must be held in accordance with procedures prescribed by regulation.

(2) To the extent that procedures are not prescribed by regulation meetings must be held in accordance with directions of the Minister.

(3) Subject to procedures prescribed by regulation or directed by the Minister, a consultative committee may determine its own procedures.

(1) Subject to subsection (7), the Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act.

(2) A warden will be appointed for a term specified in the instrument of appointment.

(3) An appointment under subsection (1) may be subject to conditions or limitations specified in the instrument of appointment that govern the exercise of the appointee's powers as a warden.

(5) Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State.

(6) A warden must, while acting as such, carry an identity card issued by the Minister or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act.

(7) The Minister may not appoint a warden with powers limited in application to a co-managed park except—

(1) A warden may request any suitable person to assist the warden in the exercise of powers under this Act.

(2) A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden.

(1) If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may—

(1a) Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg.

(1b) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary.

(1c) A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally.

(2) If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence.

(3) If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence.

(4) A warden may—

(5) For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose—

(6) A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle.

(7) A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence.

Maximum penalty: $1 000.

(8) A warden must not exercise a power under this Act in relation to a co-managed park contrary to any provision relating to the exercise of the power contained in the co-management agreement for the reserve.

(1) An object is liable to confiscation under this section if—

(2) A vehicle is liable to confiscation under subsection (1) only in relation to an offence that is punishable by imprisonment.

(3) If a warden suspects on reasonable grounds that an object is liable to confiscation under this section, the warden may seize the object.

(4) Where an object is seized under subsection (3), the following provisions apply:

(5) Despite subsection (4)—

(5a) Despite subsection (4) where, in the opinion of the Minister, an animal, carcass, egg or plant confiscated under subsection (1)(c) will suffer a substantial loss in its value before the question of its forfeiture under this section can be determined, the Minister may sell the object (unless it is required for evidentiary purposes) and the proceeds of the sale will be dealt with under this section as if they were the object.

(6) In this section—

convicted includes found guilty without a conviction being recorded;

object includes—

owner in relation to an object seized under this section means either or both of the following persons:

(1) A person must not hinder a warden, or a person assisting a warden, in the exercise of powers or functions under this Act.

Maximum penalty: $2 500.

(2) A person must not use abusive, threatening or insulting language to a warden, or a person assisting a warden, in the exercise of powers or functions under this Act.

Maximum penalty: $2 500.

(3) A person must not assault a warden, or a person assisting a warden, in the exercise of powers or functions under this Act.

Maximum penalty: $5 000 or imprisonment for 2 years.

Subject to section 26A, a warden, or a person assisting a warden, who—

is guilty of an offence.

Maximum penalty: $2 500.

(1) A warden may, without warrant, arrest a person—

(2) Where a warden arrests a person under this section, the warden must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested.

A person must not, by words or conduct, falsely represent that he or she is a warden.

Maximum penalty: $2 000 or imprisonment for 3 months.

(1) The areas declared in Schedule 3 to be national parks are constituted national parks.

(2) The names assigned in Schedule 3 to the national parks constituted under subsection (1) are, subject to this Division, the names of those national parks.

(3) The Governor may, by proclamation—

(4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament.

(5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed.

(6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a national park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.

(1) The Governor may, by proclamation—

(1a) A proclamation must not be made under subsection (1)—

(2) The Governor may, by subsequent proclamation—

(3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament.

(4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed.

(5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a national park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.

(1) This section applies to a co-managed national park comprised of Aboriginal-owned land that was Aboriginal-owned land before it was constituted a national park.

(2) If the co-management agreement for a national park to which this section applies is terminated—

(1) The areas declared in Schedule 4 to be conservation parks are constituted conservation parks.

(2) The names assigned in Schedule 4 to the conservation parks constituted under subsection (1) are, subject to this Division, the names of those conservation parks.

(3) The Governor may, by proclamation—

(4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament.

(5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed.

(6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a conservation park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.

(1) The Governor may, by proclamation—

(1a) A proclamation must not be made under subsection (1)—

(2) The Governor may, by subsequent proclamation—

(3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament.

(4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed.

(5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a conservation park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.

(1) This section applies to a co-managed conservation park comprised of Aboriginal-owned land that was Aboriginal-owned land before it was constituted a conservation park.

(2) If the co-management agreement for a conservation park to which this section applies is terminated—

(1) The areas declared in Schedule 5 to be game reserves are constituted game reserves.

(2) The names assigned in Schedule 5 to the game reserves constituted under subsection (1) are, subject to this Division, the names of those game reserves.

(3) The Governor may, by proclamation—

(4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a game reserve, except in pursuance of a resolution passed by both Houses of Parliament.

(5) Notice of motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed.

(1) The Governor may, by proclamation—

(2) The Governor may, by subsequent proclamation—

(1) The areas declared in Schedule 6 to be recreation parks are constituted recreation parks.

(2) The names assigned in Schedule 6 to the recreation parks constituted under subsection (1) are, subject to this Division, the names of those recreation parks.

(3) The Governor may, by proclamation—

(4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, the Para Wirra Recreation Park except in pursuance of a resolution passed by both Houses of Parliament.

(5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed.

(1) The Governor may, by proclamation—

(2) The Governor may, by subsequent proclamation—

(1) The Governor may, by proclamation—

(2) The Governor may, by subsequent proclamation—

(3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a regional reserve except in pursuance of a resolution passed by both Houses of Parliament.

(4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed.

(5) The Minister must, in relation to each regional reserve constituted under this Act, at intervals of not more than ten years—

(1) The constitution of a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made.

(2) The addition of land to a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made.

(1) Subject to Part 3A, the Minister has the control of all reserves, other than co-managed parks, constituted under this Act.

(2) All reserves, other than national parks or conservation parks constituted of Aboriginal-owned land, are vested in the Crown.

(2a) A co-managed park is—

(3) The relevant authority may enter into a lease with another person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the lease for a specified purpose or purposes.

(4) The relevant authority may grant a licence to, or enter into an agreement with, a person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the licence or agreement for a specified purpose or purposes.

(5) Subject to this section, a lease, licence or agreement referred to in subsection (3) or (4) will be subject to such terms, conditions and limitations (including the payment of a fee, a bond or other charge) as the relevant authority thinks fit.

(5a) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area, the lease, licence or agreement must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

(5b) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area and is within a class of lease, licence or agreement prescribed by the regulations for the purposes of this provision (which classes may be prescribed so as to consist of applications for all such leases, licences or agreements), the Minister or the Director (as the case may be) must, before granting the lease or licence or entering into the agreement—

(6) Any lease or licence entered into or granted in respect of land constituted as a reserve under this Act that was in force immediately before the land was so constituted continues, subject to its terms and conditions, in force for the remainder of its term as if it had been entered into by the relevant authority under this section.

(7) The powers of the Minister under subsections (3), (4), (5) or (6) apply in relation to a co-managed park for which there is not a co-management board subject to the provisions of the co-management agreement for the park.

(8) In this section—

relevant authority means—

(1) Subject to this section, and to Part 3A, all reserves, other than co-managed parks, are under the management of the Director.

(2) A co-managed park is—

(3) The Director must observe any direction of the Minister or the Chief Executive relating to the management of reserves generally or any particular reserve (provided that, in the case of a co-managed park, the direction is consistent with the provisions of the co-management agreement for the park).

(4) If there is a co-management board for the park, the board must comply with any provisions of the co-management agreement relating to the management of the park.

(1) The Minister, the Chief Executive, the Director or a co-management board must have regard to the following objectives in managing reserves:

(2) The Minister, the Chief Executive and the Director must, in managing a reserve that is situated wholly or partly within the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant).

(1) The Minister must—

prepare a plan of management in relation to the reserve.

(1a) However, the Minister need not prepare a plan of management in relation to a reserve (whether or not the reserve is a co-managed park) if a plan of management has been adopted under this section in relation to the reserve.

(2) The Minister may, at any time, prepare an amendment to a plan of management, or prepare a plan of management to be substituted for a previous plan (and in a subsequent provision of this section, a reference to a plan of management includes a reference to such an amendment or plan to be substituted).

(2a) A plan of management must be prepared—

(3) Where the Minister has prepared a plan of management in respect of a reserve the Minister must cause notice that the plan of management has been prepared to be published in the Gazette and in a newspaper circulating generally throughout the State.

(4) The plan of management must—

(4a) The plan of management in respect of a co-managed park must deal with such matters and include such material as is required by regulation.

(5) The notice must—

(6) Any person may within three months after publication of the notice, or such longer period as may be specified in the notice, make representations to the Minister in connection with the plan of management.

(7) At the expiration of the period during which representations may be made, the Minister must refer the plan of management together with any representations to the South Australian National Parks and Wildlife Council for its consideration and advice.

(8) After consideration by the Council, the plan of management must be forwarded to the Minister together with any comments or suggestions of the Council.

(9) The Minister may—

(9a) The Minister may not exercise a power of the Minister under subsection (9) in relation to a proposed plan of management for a co-managed park except—

(10) When the Minister adopts a plan of management, notice of that fact must be published in the Gazette.

(10a) A plan of management must not provide for the culling of protected animals from the reserve unless—

(11) The Director must, upon the application of any member of the public and payment of the prescribed fee, furnish that person with a copy of a plan of management adopted under this section.

(1) A management plan may provide for the division of a reserve into zones.

(2) Where a zone is created within a reserve the land within that zone must be kept and maintained in accordance with the conditions, declared by the plan of management to be appropriate to that zone.

(1) Subject to subsection (2), where the Minister has adopted a plan of management in relation to a reserve—

(2) Where a mining tenement has been granted in relation to land that is, or has become, a regional reserve, the management of the reserve is subject to the exercise by the holder of the tenement of rights under the tenement.

(1) The Minister administering this Act and the relevant mining Minister may enter into an agreement with the holder of a mining tenement granted in relation to land that is, or has become, a regional reserve imposing conditions limiting or restricting the exercise of rights under the tenement by the holder of the tenement and by his or her successors in title.

(2) If a person contravenes, or fails to comply with, a condition imposed by agreement under subsection (1) in relation to a mining tenement, the relevant mining Minister must, at the request of the Minister administering this Act, serve notice on the holder of the tenement requiring the holder to rectify the contravention or failure in the manner and within the period (which must not exceed three months) set out in the notice.

(3) If the holder of a tenement on whom a notice has been served under subsection (2) fails to comply with the notice, the relevant mining Minister may cancel the tenement.

(1) The Minister must—

(2) A proposal to constitute, or alter the boundaries of, a reserve that includes or is to include land that is vested in or is under the care, control and management of the Minister administering the Harbors and Navigation Act 1993 must be submitted to, and approved by, that Minister.

(3) A proclamation for the purpose of constituting, or altering the boundaries of, a reserve must not be made without the approval or approvals required by this section.

(1) The Governor may, by proclamation made on the recommendation of the Minister, alter the boundaries of a reserve for the purpose of making, or allowing for the making of, minor alterations or additions to a public road that intersects, or is adjacent to, the reserve.

(2) At least two months before making a recommendation to the Governor, the Minister must cause to be published in the Gazette and in a newspaper circulating generally throughout the State an advertisement—

(3) The Minister must give consideration to any submissions made in response to an advertisement under subsection (2).

(4) The Minister must not make a recommendation if the Minister is satisfied that the proposed alteration would—

(5) No parliamentary resolution is required in relation to a proclamation under this section.

(6) The Minister must, as soon as practicable after a proclamation has been made under subsection (1), cause a copy of the proclamation to be laid before each House of Parliament.

(1) Where the Minister is satisfied that it is expedient for the purpose of protecting human life or conserving native plants or animals the Minister may, by notice published in the Gazette, declare any portion of the reserve to be a prohibited area.

(1a) Except in an emergency, the Minister may only make a declaration under subsection (1) in relation to a co-managed park—

(2) Any notice published under subsection (1) must state the grounds upon which the declaration is made.

(3) A person must not be within a prohibited area unless authorised to enter the area by a permit issued by the Minister under this section.

Maximum penalty: $1 000.

(4) The Minister may, on appropriate terms and conditions, issue to any person a permit to be within a prohibited area.

(5) The Minister may, at the request of the co-management board for a co-managed park, exempt members of the relevant Aboriginal group from the restriction applying to a prohibited area within the co-managed park under this section.

(1) Subject to subsection (2), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a reserve.

(1a) Subsection (1) does not apply to a regional reserve.

(2) The Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a reserve or portion of a reserve, to which subsection (1) applies.

(2a) A person must not contravene or fail to comply with a condition of a proclamation under this section.

Maximum penalty: $10 000 or imprisonment for 2 years, or both.

(3) A proclamation under subsection (2) has effect in accordance with its terms.

(4) The Governor may, by proclamation, vary or revoke a proclamation under subsection (2).

(5) A proclamation under this section in respect of land constituting a national park, a conservation park or the Para Wirra Recreation Park (except a proclamation revoking a previous proclamation) must not be made unless—

(6) Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed.

(7) A proclamation must not be made under this section in relation to a co-managed park constituted of Aboriginal-owned land except with the agreement of the registered proprietor of the land.

(1) The relevant mining Minister must not grant an application for a mining tenement in relation to a regional reserve without first submitting the application to the Minister administering this Act.

(2) In the case of an application for a mining production tenement in relation to a regional reserve, the relevant mining Minister must not grant the application without the approval of the Minister administering this Act.

(3) In the case of an application for any other kind of mining tenement in relation to a regional reserve the relevant mining Minister must not grant the application without considering the views of the Minister administering this Act.

(4) If the Minister administering this Act refuses to give the approval required by subsection (2) the relevant mining Minister may refer the matter to the Governor and may, with the Governor's approval, grant the application.

(5) The holder of a precious stones prospecting permit under the Opal Mining Act 1995 cannot peg out an area for a precious stones tenement on a regional reserve without the approval of the Minister administering this Act, or if the Minister refuses to give approval, without the approval of the Governor.

(6) Subsection (2) does not apply to a petroleum production licence that the Minister administering the Cooper Basin (Ratification) Act 1975 is authorised to grant by section 9 of that Act.

(7) A reference in this section to the relevant mining Minister in relation to the granting of a mining tenement is, if the mining Act under which the tenement is granted provides for it to be granted by any authority other than the relevant mining Minister, a reference to that authority.

(1) The Governor may, by proclamation, create a zone within the Innamincka Regional Reserve.

(2) Rights of entry, prospecting, exploration or mining cannot be acquired or exercised pursuant to a mining Act in respect of land within a zone created under this section.

(3) If or when a proclamation is made under subsection (1), the Governor cannot, by subsequent proclamation, expand the area within the zone, or create a second or subsequent zone.

(4) However, the Governor may, by subsequent proclamation—

(5) A proclamation must not be made under subsection (4) except in pursuance of a resolution of both Houses of Parliament.

(6) Notice of a motion for a resolution under subsection (5) must be given at least 14 sitting days before the motion is passed.

(1) The Minister administering a mining Act or a person authorised by that Minister may enter onto any reserve for the purpose of a geological, geophysical or geochemical investigation or survey without the approval of the Minister administering this Act if the investigation or survey will not result in disturbance of the land.

(2) A person who wishes to enter onto a reserve pursuant to subsection (1) must, before doing so, consult the Minister administering this Act.

(3) This section does not apply to a zone created within the Innamincka Regional Reserve under section 43AB.

(1) Fees for entrance to reserves, fees for camping in reserves, fees for an activity authorised by a permit or permission granted under the regulations and fees for the use of facilities and services provided in reserves may be fixed by the relevant authority with the approval of the Minister.

(2) Where a fee fixed under subsection (1) is payable, or has been paid, the relevant authority may, if he or she thinks fit, waive or refund the whole or part of the fee.

(3) In this section—

relevant authority means—

This Division applies to a national park or conservation park, or proposed national park or conservation park, that is or is to be constituted of Aboriginal-owned land or land with which an Aboriginal group or community has a traditional association.

(1) The principal object of this Division is to provide for effective co-management of parks to which this Division applies by representatives of the relevant Aboriginal groups and the Minister, and, as far as practicable, to—

(2) The Minister must, in administering this Division, have regard to, and seek to further, the objects.

(1) The Minister may enter into a co-management agreement for—

(2) The parties to a co-management agreement will consist of or include the Minister and—

(3) A co-management agreement under this section may provide for—

(4) A co-management agreement may be varied in accordance with processes set out in the agreement.

(5) The following provisions apply to the termination of a co-management agreement:

(6) If a co-management agreement is entered into or terminated under this section, the Minister must cause notice of that fact to be published in the Gazette.

(7) The Minister must, on the application of a member of the public and payment of the prescribed fee, furnish the person with a copy of a co-management agreement under this section.

(1) The Governor may, by regulation, establish a co-management board for a co-managed park.

(2) Subject to this section, regulations establishing a co-management board—

(3) The regulations establishing a co-management board for a co-managed park constituted of Aboriginal-owned land must (in addition to providing for the matters required under subsection (2)) provide for—

(4) If a regulation establishing a co-management board is disallowed by either House of Parliament, the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister.

(1) A co-management board established under this Division—

(2) If a document appears to bear the common seal of the co-management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co-management board was duly fixed to the document.

(1) Subject to this section, the Governor may, by regulation, dissolve or suspend a co-management board established under this Division.

(2) The co-management board for a co-managed park must not be dissolved under this section unless—

(3) The co-management board for a co-managed park must not be suspended under this section unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities.

(4) On dissolution and during any suspension of a co-management board under this section, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister.

(1) The staffing arrangements for a co-management board established under this Division will be determined or approved by the Minister after consultation with the relevant Aboriginal group.

(2) Any staff under subsection (1) will be—

(3) A co-management board established under this Division may, with the approval of the Minister—

(4) A co-management board established under this Division may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit.

(5) A person employed under subsection (3) is not a Public Service employee.

(1) A co-management board established under this Division must cause proper accounts to be kept of its financial affairs.

(2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co-management board.

(1) A co-management board established under this Division must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year.

(2) The report must include—

(3) The Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.

(1) If the Minister is of the opinion that it is desirable to conserve the animals or plants for which any land is a natural habitat or environment and—

the Minister may, by notice in the Gazette, declare the land to be a sanctuary.

(1a) The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made.

(2) The Minister—

(3) In this section—

owner in relation to private land means—

(4) If, before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009—

the declaration will not be taken to be invalid by reason only that the consent of the owner of the land (as defined under subsection (3) as in force before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009) was not obtained before the making of the declaration.

(1) A person must not take an animal, or the eggs of an animal, or a native plant within a sanctuary except in pursuance of this section.

Maximum penalty:

(2) The Minister may, if satisfied that it is in the interests of conserving wildlife to do so, grant a permit authorising the holder of the permit to take animals, or the eggs of animals, or native plants within a sanctuary in accordance with the terms of the permit.

(3) The owner of land constituting a sanctuary, or a person authorised by the owner, may take an animal, or the eggs of an animal that is not a protected animal in the sanctuary without a permit under subsection (2).

(1) In this Part—

General Reserves Trust means the General Reserves Trust established by proclamation under section 45B on 30 November 1978 (see Gazette 30.11.1978 p2096 and 2097);

reserve includes part of a reserve, or any two or more reserves;

Trust means a development trust established under section 45B.

(2) This Part does not apply to a co-managed park constituted of Aboriginal-owned land.

(1) The Governor may, by proclamation, establish a Development Trust in respect of a reserve.

(2) A proclamation under subsection (1) must—

(3) The Governor may, by further proclamation, vary any proclamation made under subsection (1).

The General Reserves Trust will be taken to have been established in relation to all reserves constituted under this Act except those in relation to which another Development Trust is for the time being established by proclamation under section 45B.

(1) A Trust is a body corporate with perpetual succession and a common seal, and—

(2) Where an apparently genuine document purports to bear the common seal of a Trust, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of that Trust has been duly affixed to that document.

(1) Upon the establishment of a Trust under this Act the members of the Trust must be appointed or elected, as the case may require, in accordance with the proclamation.

(2) A member of a Trust is entitled to payment from the funds of the Trust of such remuneration, allowances and expenses as the Governor may determine.

(3) An act or proceeding of a Trust is not invalid by reason of a vacancy in its membership or any defect in the appointment or election of a member.

(4) No liability attaches to a member of a Trust for an act or omission by the member or the Trust in good faith and in the exercise or purported exercise of functions under this Act.

(5) A member of a Trust who is an officer or employee of the Trust will not by reason of that fact be taken to have a financial or material interest in any matter or thing relating to rates of remuneration or other terms and conditions of employment of officers or employees of the Trust.

(1) The members of a Trust must elect one of their number to be presiding member of the Trust for such period as the Trust may determine.

(2) The presiding member, if present at a meeting of the Trust, must preside at that meeting.

(3) In the absence of the presiding member, the members present at a meeting must elect one of their number to preside at that meeting.

(4) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Trust.

(5) The person presiding at a meeting of a Trust has, in the event of an equality of votes, a casting vote in addition to a deliberative vote.

(6) Subject to this Act, a Trust may conduct its business in such manner as it thinks fit.

(1) Subject to this section and the other provisions of this Act, the functions of a Trust are to perform such duties in relation to the development or management of the reserve in relation to which it was established as are from time to time assigned to it by the Minister by notice in writing.

(1b) It is an additional function of the General Reserves Trust to manage and control the General Reserves Trust Fund established under Division 2.

(2) A Trust has and may exercise all such powers as are necessary for or incidental to the performance of its functions.

(2a) Without limiting subsection (2), a Trust may charge and recover such amounts as it thinks fit in respect of facilities and services provided to the public by the Trust.

(2b) Where the Minister has entered into a lease, or the Minister or the Director has granted a licence or entered into an agreement, in relation to a reserve under section 35, the Minister or Director may direct that money payable pursuant to the lease, licence or agreement be paid to the Trust that has been established in relation to the reserve.

(2c) A Trust (not being the General Reserves Trust) may retain and apply money received by the Trust—

for the purpose of performing and discharging its functions and duties under this or any other Act without further appropriation by Parliament.

(2d) A Trust must keep proper accounts of receipts and payments in relation to performing and discharging its functions and duties under this or any other Act and the Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under this subsection.

(3) In the exercise of its powers and the performance of its functions a Trust is, except where it is required to make a report to the Minister, subject to the general control and direction of the Minister.

(1) A Trust may delegate any of its powers, functions or duties to any committee appointed by the Trust, or to any member of the Trust or officer or employee of the Trust.

(2) A delegation of powers, functions or duties by a Trust does not derogate from the power of the Trust to act itself in any matter and is revocable by the Trust at will.

(1) A Trust may appoint, upon terms and conditions approved by the Minister, such officers and employees as it thinks necessary or desirable for the proper carrying out of the functions and duties of the Trust.

(2) The employment of an officer or employee by a Trust will be taken, for the purposes of the Superannuation Act 1988, to be employment to which that Act applies.

(3) Where a person becomes an officer or employee of a Trust, that person's existing and accruing rights in respect of recreation leave, sick leave and long service leave will, where employment by the trust follows immediately upon—

continue in full force and effect as if that previous employment were employment with the Trust.

A Trust may, with the approval of the Minister, acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969—

(1) A Trust may, with the approval of the Treasurer, borrow money for the purpose of enabling it to perform and discharge its functions and duties under this or any other Act.

(2) The Treasurer may, at his or her discretion, guarantee the discharge by a Trust of any liability incurred by it in respect of any loan under subsection (1).

(3) The Treasurer may, without any authority other than this section, pay out of the Consolidated Account any money required for the purpose of discharging obligations arising by virtue of a guarantee given under this section.

(4) A Trust may, with the approval of the Treasurer, invest any of the money of the Trust that is not for the time being required for the purposes of the Trust, in such investments as may be approved by the Treasurer.

(1) The Governor may, by proclamation, dissolve a Trust.

(2) Upon the dissolution of a Trust pursuant to subsection (1), the assets of the Trust will be disposed of and the liabilities of the Trust will be discharged in accordance with the directions of the Governor.

(1) The General Reserves Trust Fund is established.

(2) The fund is under the management and control of the General Reserves Trust.

(3) The fund consists of—

(4) The Trust may apply the fund—

The Trust may invest any of the money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer.

(1) The Trust must keep proper accounts of receipts and payments in relation to the fund.

(2) The Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under subsection (1).

(1) Subject to this section, this Part applies throughout the State.

(2) The Governor may, by proclamation, declare that this Part, or any provisions of this Part specified in the proclamation, will not apply at any time or during periods specified in the proclamation—

and the operation of this Part will be modified accordingly.

(3) The Governor may, by proclamation, revoke or vary a proclamation under this section.

(1) Subject to this Part, a person must not take a native plant—

(2) A person must not take a native plant of a prescribed species on private land.

(3) A person who contravenes subsection (1) or (2) is guilty of an offence.

Maximum penalty:

(4) A person must not take a native plant on private land without the consent of the owner of the land.

Maximum penalty: $1 000.

Expiation fee: $150.

(5) If in proceedings for an offence against this section it is proved that the defendant was found in possession of a native plant, it will be presumed, in the absence of proof to the contrary, that the defendant took the plant in contravention of this Act.

(6) It is a defence to a charge of an offence against this section to prove that the act alleged against the defendant—

(1) A person must not sell or give away a native plant of a prescribed species.

Maximum penalty:

(2) It is a defence to a charge of an offence against this section to prove that the native plant was taken pursuant to a licence under the Forestry Act 1950.

(1) A person must not have in his or her possession or control a native plant that has been illegally taken or acquired.

Maximum penalty:

(2) For the purposes of this section, a native plant is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth.

(3) In proceedings for an offence against this section the onus lies on the defendant to prove that the native plant was not taken or acquired illegally.

(1) The Minister may grant a permit authorising—

subject to the conditions of the permit.

(2) No offence is committed by reason of the taking, or the sale, of native plants in accordance with a permit under this section.

(1) The Minister may, by notice published in the Gazette and in a newspaper circulating generally throughout the State—

(2) Where this section applies to, and in relation to, a species of plant, the Minister must prepare draft recommendations in relation to the following matters:

and must make the recommendations available to the public for at least three months for comment before adoption by the Minister.

(3) Before adopting the draft recommendation, the Minister must have regard to comments (if any) made by members of the public and may, if the Minister thinks fit, vary the recommendations to take account of those comments.

(4) Recommendations adopted by the Minister must be published in the Gazette and in a newspaper circulating generally throughout the State and may be revoked or varied by further recommendations prepared by the Minister in accordance with this section.

(5) The taking and sale of plants of a species to which this section applies for commercial purposes pursuant to a permit under section 49 is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit.

(6) Restrictions and conditions imposed by regulation must implement recommendations adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned.

(7) Where a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken pursuant to the permit were taken.

(1) Subject to this section, this Part applies throughout the State.

(2) The Governor may, by proclamation, declare that this Part or any provisions of this Part specified in the proclamation do not apply—

(3) The Governor may, by proclamation, revoke or vary any proclamation under this Part.

(1) Subject to this Part, a person must not take a protected animal or the eggs of a protected animal.

Maximum penalty:

(2) In any prosecution under this section, it is a defence that the defendant did not wilfully or negligently commit the act subject to the charge.

(1) The Minister may, by notice published in a newspaper circulating generally throughout the State, declare an open season for the taking of protected animals of a specified species.

(2) A notice under this section—

(3) A notice under this section—

(4) It is lawful to take a protected animal in accordance with a notice under this section.

(1) The Minister may grant to any person a permit to take protected animals or the eggs of protected animals, if satisfied that it is desirable to grant the permit—

(2) A permit under this section remains in force for such term, not exceeding 12 months, as is specified in the permit.

(3) The Minister may at any time revoke a permit granted under this section.

(4) A person to whom a permit to take protected animals has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of animals of each species taken in pursuance of the permit and the number of eggs of any protected animal taken in pursuance of the permit.

Maximum penalty: $1 000.

Expiation fee: $150.

(5) Without limiting the conditions subject to which a permit may be granted under this section those conditions may—

(6) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay in advance an amount equal to the amount of royalty that would be payable in respect of all the animals in respect of which the permit is granted.

(1) The South Australian National Parks and Wildlife Council may, on the application of a person who has applied for a permit under section 53, review a decision of the Minister—

(2) The application must be made—

(3) The Council may, following the review, make recommendations to the Minister.

(4) The Minister may, after considering the Council's recommendations—

(1) It is lawful for any person without any permit or other authority under this Act, to kill any Australian magpie that has attacked or is attacking any person.

(2) It is lawful for any person without any permit or other authority under this Act, to kill any poisonous reptile that—

A person must not release a protected animal or an animal of a species listed in Schedule 10 from captivity unless that person is authorised to do so by a permit granted by the Minister.

Maximum penalty: $2 500.

Expiation fee: $210.

(1) Subject to this section, a person must not—

unless authorised to do so by permit granted by the Minister.

Maximum penalty: $2 500.

(2) Subject to this section, a person must not—

unless authorised to do so by permit granted by the Minister.

Maximum penalty: $2 500.

(3) Subject to this section, a person must not sell or give away a protected animal or the carcass or eggs of a protected animal unless authorised to do so by permit granted by the Minister.

Maximum penalty: $2 500.

(4) Subsections (1), (2) and (3) do not apply in relation to an animal, or the carcass or eggs of an animal, of a species that is excluded from the operation of those subsections by proclamation.

(4a) A proclamation under subsection (4)—

(5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (4).

(6) A permit granted by the Minister under this section does not apply in relation to an animal, or the carcass or eggs of an animal, taken illegally or brought into this State illegally.

(7) The holder of a permit under this section must provide the Minister with such information as is required by regulation.

(8) A person who keeps an animal, or has possession or control of the eggs of an animal, taken in pursuance of a permit granted by the Minister to take protected animals, or the eggs of protected animals, for scientific research does not contravene subsection (1).

A person must not keep a protected animal in an area declared by regulation to be a prohibited area in relation to animals of that species unless that person is authorised to do so by a permit granted by the Minister.

Maximum penalty: $2 500.

(1) A person must not—

Maximum penalty: $2 000.

Expiation fee: $200.

(2) The Minister may grant to any person a permit to export from the State or import into the State a protected animal, or the carcass or eggs of a protected animal, of a species specified in the permit or a native plant of a species specified in the permit.

(3) In this section—

to export in relation to an animal, carcass, egg or plant includes to remove the animal, carcass, egg or plant from the State for any reason;

to import in relation to an animal, carcass, egg or plant includes to bring the animal, carcass, egg or plant into the State for any reason.

(1) A person must not have in his or her possession or control—

that has been illegally taken or acquired.

Maximum penalty:

(2) For the purposes of this section an animal, carcass or egg is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth.

(3) In proceedings for an offence against this section the onus lies on the defendant to prove that the animal, carcass or egg was not taken or acquired illegally.

In this Division, unless the contrary intention appears—

animal means—

the business of farming animals means the business of farming animals for one or both of the following purposes:

commercial farming of protected animals means the business of farming protected animals of a species named in Schedule 11;

trial farming of protected animals means the business of farming protected animals of a species that is not named in Schedule 11 but that is the subject of a declaration under section 60BA that is in force.

(1) The Governor may by regulation declare that a species of protected animal is a species for the purpose of trial farming under this Division.

(2) The Minister must, by notice published in the Gazette, set out conditions to which a permit granted under this Division in relation to animals of the species referred to in a regulation under subsection (1) will be subject.

(3) The notice must be published in the same issue of the Gazette as the regulation.

(4) Subsection (2) does not limit the imposition of other conditions under section 60C(6).

(5) A regulation under subsection (1) expires on the fourth anniversary of its commencement and cannot be remade in relation to the same species of animal.

(1) The Minister may grant to a person a permit—

in the course of carrying on the business of farming animals of that species.

(2) A person is not entitled to carry on the commercial farming of protected animals pursuant to a permit granted under any other provision of this Act after the expiration of 12 months following the inclusion in Schedule 11 of the species to which the animals belong.

(3) The Minister must not grant a permit under subsection (1) for the commercial farming of protected animals—

(4) A permit for the trial farming of protected animals of a particular species expires at the expiration of the term for which it was granted or when the declaration under section 60BA in relation to that species expires whichever occurs first.

(5) The Minister must not grant a permit under subsection (1) to take an animal or the eggs of an animal from the wild unless he or she is satisfied that the removal of animals or eggs pursuant to the permit is desirable in order to reduce or control a population of animals that is causing, or is likely to cause, damage to the environment or to crops, stock or other property.

(6) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or by a notice under section 60BA or are prescribed from time to time by regulation.

(7) An animal taken from the wild or an animal raised from an egg taken from the wild cannot be slaughtered or destroyed in any other manner pursuant to a permit granted under subsection (1) except—

(8) A permit that enables the holder to take an animal or the eggs of an animal from the wild is subject to a condition requiring the holder within 14 days after taking animals or eggs pursuant to the permit to deliver to the Minister a report in the prescribed form stating the number of animals and eggs taken.

(9) A permit granted under subsection (1) authorises—

(10) It is lawful to—

pursuant to a permit granted under subsection (1).

(1) The Minister must prepare a draft code of management in respect of each species of animal named in Schedule 11.

(1a) The Minister may prepare a draft code of management in respect of a species of animal that has been declared to be a species for the purpose of trial farming under this Division.

(2) A draft code must address the following matters:

(3) A draft code may incorporate the whole or part of the Australian Model Code of Practice for the time being applicable to the welfare of the species to which the draft code relates by reference to the model code or to the relevant parts of it.

(4) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft code of management for comment.

(5) The Minister must, by notice published in the Gazette and in a newspaper circulating generally throughout the State—

(5a) A draft code must be made available for public comment for at least three months before adoption by the Minister.

(6) Before adopting a draft code of management the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft code to take account of those comments.

(7) A code of management adopted by the Minister must be published in the Gazette and a notice stating the place or places at which copies of the code may be inspected or purchased must be published in a newspaper circulating generally throughout the State.

(8) A code of management may be replaced or varied by a further code prepared and adopted by the Minister in accordance with this section.

(9) If a draft code of management has been prepared under subsection (1a) and made available to the public for comment within 12 months before the species to which the code relates is named in Schedule 11, the draft code will be taken to have been drafted and made available to the public after the species was named in Schedule 11.

(1) Where royalty is payable under this Act in respect of a species to which a permit granted under this Division applies, royalty is payable—

(2) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be taken or slaughtered, and all the eggs that could be taken, pursuant to the permit were taken or slaughtered.

(1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals or eggs to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund—

(2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits.

(1) The Minister may, by notice published in the Gazette, declare that this Division applies to, and in relation to, animals of one or more of the following species:

(2) The Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under subsection (1).

(3) The Governor may, by regulation made on the recommendation of the Minister, declare that this Division applies to, and in relation to, protected animals of a species (not being a species referred to in subsection (1)) named in the regulation.

(4) The Minister must not make a recommendation under subsection (3) unless he or she is satisfied that there is sufficient scientific knowledge available in relation to the species concerned to enable the matters referred to in section 60I(2)(a), (b), (c) and (d) to be addressed adequately.

In this Division, unless the contrary intention appears—

harvesting of a protected animal means—

in order to sell the carcass of the animal or to use it for any other purpose.

(1) The Minister must prepare a draft plan of management in relation to the harvesting of each species of protected animal to which this Division applies.

(2) The draft plan must—

(3) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft plan of management for comment.

(4) The Minister must, by notice published in the Gazette and in a newspaper circulating generally throughout the State—

(5) A draft plan must be made available for public comment for at least three months before adoption by the Minister.

(6) Before adopting a draft plan the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft plan to take account of those comments.

(7) Notice that a plan of management has been adopted by the Minister must be published in the Gazette and a newspaper circulating generally throughout the State.

(7a) A notice under subsection (7) must state the place or places at which copies of the plan may be inspected or purchased.

(8) A plan of management may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section.

(1) If a plan of management has been adopted by the Minister under this Division in relation to a species of protected animal, the Minister may grant a permit to a person to harvest animals of that species and to sell or use the carcasses of the animals that have been harvested.

(2) The Minister must not grant a permit under subsection (1) to take animals on a reserve except animals of the following species—

and then only if—

(3) The Minister must not grant a permit under subsection (1) unless he or she is satisfied that the taking of animals of the species concerned pursuant to the permit and all other permits granted under this section or under some other section of this Act—

(4) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or are prescribed from time to time by regulation.

(5) A permit granted under subsection (1) is subject to a condition requiring the holder of the permit to use the methods and observe the procedures set out in the management plan for the killing, the capture and killing and the treatment after capture, of animals of the species to which the permit relates.

(6) It is lawful to—

pursuant to a permit granted under subsection (1).

Where a permit under this Division relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be harvested pursuant to the permit were harvested.

(1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund—

(2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits.

(1) The Governor may, by regulation, declare that royalty is payable to the Wildlife Conservation Fund—

by any person by whom any such animal, carcass, skin, egg or plant is taken.

(2) An animal, or the carcass, skin or egg of an animal or a native plant may be specified in a regulation under subsection (1) by reference to the species of the animal or plant or by reference to any other class to which the animal or plant belongs.

(3) The amount of royalty fixed by a regulation may vary according to—

(4) Without limiting any other provision of this section, a regulation under this section may provide that it applies only in respect of an animal, or the carcass, skin or egg of an animal, taken in a game reserve.

(1) The Director or a warden may demand orally or in writing that any person pay to the Director all royalty for which that person is liable under this Act.

(2) A person who fails to comply with a demand under subsection (1) within 48 hours of the demand is guilty of an offence.

Maximum penalty: $1 000.

(3) In any proceedings under this section the court may order the defendant to pay to the Director any amount fixed by the court by way of royalty under this Act.

(4) Where a person fails to comply with a demand under subsection (1), the Director or a warden may seize any animals, carcasses, skins, eggs or plants upon which royalty is unpaid.

(5) The Minister may sell any animals, carcasses, skins, eggs or plants seized under this section and must apply any proceeds of the sale in payment of the unpaid royalty and any amount remaining to the owner of the animals, carcasses, skins, eggs or plants.

(1) The Minister may, by action in any court of competent jurisdiction, recover, as a debt, from any person an amount of royalty for which that person is liable under this Act.

(2) This section does not derogate from any other remedy available to the Minister for the recovery of royalty.

(1) A person must not be on any land for the purpose of taking a protected animal, or the eggs of a protected animal, unless the owner of that land has given that person, not more than six months beforehand, permission in writing to be on the land for that purpose.

Maximum penalty: $1 000.

Expiation fee: $150.

(2) If the owner or occupier of any land, or the servant or agent of the owner of the land, suspects that a person trespassing on the land is committing, has committed, or is about to commit an offence against this Act, he or she may request the trespasser—

(3) A person of whom a request is made under subsection (2) must comply with it forthwith.

Maximum penalty: $1 000.

Expiation fee: $150.

(4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner.

Maximum penalty: $1 000.

Expiation fee: $150.

(5) In proceedings for an offence against this section, proof that a person has possession or control of a dog, firearm or device capable of being used for taking a protected animal is evidence that that person was on the land for the purpose of taking a protected animal.

(6) In this section—

owner means—

(1) A person who, without a permit granted by the Minister, uses poison for the purpose of taking a protected animal is guilty of an offence.

Maximum penalty: $2 000.

(2) If a protected animal is taken as a result of the use of poison by a person without a permit granted by the Minister, that person is guilty of an offence.

Maximum penalty: $2 000.

(3) It is a defence to a charge under subsection (2) that the defendant—

(4) In this section—

poison means any substance that might endanger the life or health of a protected animal.

(1) The Governor may, by proclamation, restrict or prohibit the use of firearms or devices of a specified class for the taking of particular species of animals or for the taking of animals generally.

(2) A person who contravenes a restriction or prohibition imposed under subsection (1) is guilty of an offence.

Maximum penalty: $1 000.

Expiation fee: $150.

(1) A warden may dismantle and remove any device by which animals have been taken illegally or by which animals are in the warden's opinion likely to be taken illegally.

(2) Any device removed by a warden pursuant to this section is forfeited to the Crown and may be sold or otherwise disposed of by the Director.

(1) A person must not—

unless he or she acts in pursuance of this Act or a permit granted by the Minister under this section or another provision of this Act or in pursuance of some other Act or statutory instrument.

Maximum penalty:

(2) The Minister may grant a permit to a person to undertake an act or activity that would otherwise contravene paragraph (a), (b) or (c) of subsection (1).

(3) It is a defence to a charge of an offence against subsection (1)(a) to prove—

(1) Except as provided in subsection (5), a person must not hunt, or have possession of any firearm or device for the purpose of hunting, unless that person holds a permit under this section.

Maximum penalty: $1 000.

Expiation fee: $150.

(2) The Minister may grant to any person a permit under this section.

(3) A permit under this section cannot authorise hunting within the Adelaide Dolphin Sanctuary or the possession by any person, while in that Sanctuary, of a firearm or other device for the purpose of hunting.

(4) Where it is proved, in any proceedings for an offence against this section, that the defendant had possession of any firearm or device capable of being used for the purpose of hunting in circumstances that lead to a reasonable suspicion that the defendant had the firearm or device for that purpose, it will be presumed, in the absence of proof to the contrary, that the defendant had possession of that firearm or device for the purpose of hunting.

(5) No permit is required under this section for the purpose of—

(1) A person must not be on land for the purpose of hunting unless the owner of the land has given that person, within the preceding six months, permission in writing to be on the land for that purpose.

Maximum penalty: $1 000.

Expiation fee: $150.

(2) If the owner of land reasonably suspects that a person has committed or is about to commit an offence against this Act on the land, the owner may request the person—

(3) A person of whom a request is made under subsection (2) must comply with it forthwith.

Maximum penalty: $1 000.

Expiation fee: $150.

(4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner.

Maximum penalty: $1 000.

Expiation fee: $150.

(5) Where it is proved, in proceedings for an offence against subsection (1), that, while on the land, the defendant had possession or control of an animal, firearm, device, poison or bait capable of being used for hunting it will be presumed, in the absence of proof to the contrary, that the person was on the land for the purpose of hunting.

(6) In this section—

owner means—

(2) This Division does not apply to the taking of—

(1) It is not illegal by virtue of section 47(1) or (2) for an Aboriginal person to take a native plant in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone.

(2) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone.

(3) It is not illegal by virtue of section 47(1) for an Aboriginal person to take a native plant from a reserve (other than a co-managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the reserve or wilderness protection area or wilderness protection zone.

(4) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a reserve (other than a co-managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the reserve or wilderness protection area or wilderness protection zone.

(5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (3) or (4).

(5a) It is not illegal by virtue of section 47(1) or 51 for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in pursuance of this Division from a co-managed park if the native plant, protected animal or eggs are taken—

(6) An animal, egg or plant is taken in pursuance of this Division if it is taken—

An Aboriginal person is not required to hold a permit under section 68A in relation to hunting if the animal hunted will be used—

(1) An applicant for a permit under this Act—

(2) The relevant authority may, if satisfied that there are special reasons for doing so, remit the whole or any portion of any fee payable in respect of the grant of a permit under this Act.

(2a) The relevant authority may refuse to grant a permit under any provision of this Act if, in the relevant authority's opinion—

(2b) If a permit granted under any provision of this Act relates to an activity that is to be, or may be, undertaken within a River Murray Protection Area, the permit must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

(2c) If an application for a permit under any provision of this Act relates to an activity that is to be, or may be, undertaken within a River Murray Protection Area and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the relevant authority must, before making a decision on the application—

(2d) If a permit granted under any provision of this Act relates to an activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary, the permit must be consistent with the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005.

(2e) If an application for a permit under any provision of this Act relates to an activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary and is within a class of applications prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all such permits), the Minister must, before making a decision on the application, consult with and have regard to the views of the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed.

(3) A permit—

(4) Without limiting the conditions upon which a permit relating to animals may be granted under this Act, those conditions may—

(4a) A condition of a permit may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.

(5) A permit—

(6) Where—

a proportionate part of the fee paid for the permit reflecting each complete year of the unexpired term is payable by the relevant authority to the former holder of the permit.

(7) Where—

the term of the permit is extended by one year without the payment of a fee in respect of the extension.

(8) In this section—

relevant authority means—

A person required by this Act to hold a permit, or to have written permission, must if requested by a warden, produce the permit or written permission for inspection by the warden as soon as practicable after the request is made.

Maximum penalty: $1 000.

Expiation fee: $150.

(1) If the holder of an authority, or a person acting in the employment or with the authority of the holder of an authority, contravenes or fails to comply with a limitation, restriction, condition or provision of the authority, the holder of the authority is guilty of an offence.

Maximum penalty: $2 500.

Expiation fee: $210.

(2) In this section—

authority means a permit, permission or other authority granted by the Director, the Minister or a co-management board under this Act or other law.

(1) If the relevant authority is satisfied—

the relevant authority may on the application of that person, and on payment of the prescribed fee, issue a duplicate of the permit or other document.

(2) A duplicate issued under this section has the same force and effect as the original of which it is a duplicate.

(3) In this section—

relevant authority means—

(1) A person must not make, or cause to be made, a false or misleading statement in relation to the administration of this Act.

Maximum penalty: $2 500.

(1a) Without limiting subsection (1), a person must not make, or cause to be made, a false or misleading statement in an application, return or other document under this Act.

Maximum penalty: $2 500.

(2) It is a defence to a charge for an offence under this section that the defendant believed on reasonable grounds that the statement was true.

(1) A person must not contravene, or fail to comply with, any provision or condition of a proclamation or notice under this Act.

Maximum penalty: $1 000.

Expiation fee: $150.

(1) In this section—

owner, in relation to a vehicle, includes—

prescribed offence means an offence against a provision of this Act prescribed by regulation for the purposes of this definition;

principal offender means a person who has committed a prescribed offence.

(2) Without derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.

(3) Where there are two or more owners of the same vehicle a prosecution for an offence against subsection (2) may be brought against one of the owners or against some or all of the owners jointly as co-defendants.

(4) The owner of a vehicle and the principal offender are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the principal offender and conversely conviction of the principal offender exonerates the owner.

(5) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the principal offender, to provide the person specified in the notice, within the period specified in the notice, with a statutory declaration—

(6) Before proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice—

(7) Subsection (6) does not apply to—

(8) Where a person is found guilty of, or expiates, a prescribed offence or an offence against this section, neither that person nor any other person is liable to be found guilty of, or to expiate, an offence against this section or a prescribed offence in relation to the same incident.

(9) Subject to subsection (10), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—

(10) The defence in subsection (9)(d) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.

(11) If—

the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged principal offender.

(12) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the principal offender.

(13) In proceedings against the owner or the principal offender for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.

(14) A vehicle will be taken to be involved in a prescribed offence for the purposes of subsection (2) if it was used in, or in connection with, the commission of the offence.

(15) Without limiting subsection (14), a vehicle will be taken to be used in connection with the commission of an offence if it is used to convey the principal offender or equipment, articles or other things used in the commission of the offence to the place where, or to the general area in which, the offence was committed.

(1) Where a person is convicted of an offence involving any unlawful act in relation to animals and the court is satisfied that more than one animal was involved in the offence, it must, in addition to imposing a penalty authorised by the provisions of this Act under which the offence arises, impose an additional fine based on the number of animals involved in the commission of the offence.

(2) The amount of the additional fine is—

The maximum penalties prescribed by sections 47(3) and 51 are increased by one half of those penalties in respect of the taking of a native plant or a protected animal or the eggs of a protected animal in a wilderness protection area or wilderness protection zone.

(1) In any proceedings for an offence against this Act, an apparently genuine document purporting to be signed by the Director, and to state that at any specified time or during any specified period a person was or was not the holder of a permit under this Act is proof of the matter so stated in the absence of proof to the contrary.

(2) In any proceedings for an offence against this Act, an allegation in a complaint that a place referred to in the complaint is, or was at a time specified in the complaint, a reserve or sanctuary under this Act or a wilderness protection area or wilderness protection zone or is situated within a reserve, sanctuary, wilderness protection area or zone, will be accepted as proved in the absence of proof to the contrary.

(3) Where in any proceedings for an offence against this Act, any question arises as to whether the defendant was duly authorised pursuant to this Act to perform the action subject to the charge, the onus of proving that authorisation lies upon the defendant.

(4) In any proceedings for an offence against this Act, an allegation in the complaint that a person named in the complaint is, or was at a time specified in the complaint, a warden will be accepted as proved in the absence of proof to the contrary.

(5) In proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was a protected animal, or that a carcass or egg referred to in the complaint was the carcass or egg of a protected animal, will be accepted as proved in the absence of proof to the contrary.

(6) In any proceedings for an offence against this Act, an allegation in the complaint that an animal referred to in the complaint was of a specified species, or that a carcass or egg referred to in the complaint was the carcass or egg of an animal of a specified species, will be accepted as proved in the absence of proof to the contrary.

It is a defence to a charge of an offence against this Act to prove that the defendant—

Upon convicting any person for an offence against this Act, the court may, in addition to imposing any other penalty, order—

(1) Subject to this Act, the money required for the purposes of this Act will be paid out of money provided by Parliament for those purposes.

(2) Any money received or recovered by the Minister, the Chief Executive or the Director under this Act must, except as otherwise provided by this Act, be paid into the Consolidated Account.

(1) A person who, intentionally and without lawful authority, destroys or damages any part of a reserve or any property of the Minister or a co-management board on a reserve is guilty of an offence.

Maximum penalty: $2 000 or imprisonment for 6 months.

(2) Upon convicting a person for an offence against this section, the court may order the convicted person to pay to the Minister or a co-management board such sum as the court thinks just by way of compensation.

(1) The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes or objects of this Act.

(2) Without limiting the generality of subsection (1), the regulations may—

(2a) The Governor may, by regulation, amend Schedule 7, 8, 9 or 10 by deleting species of animals or plants from, or including species of animals or plants in, the Schedule.

(2b) A regulation may require compliance with a specified code of practice, standard or other document as in force at a specified time or as in force from time to time.

(3) Any fees prescribed under this Act may be differential, varying according to any factor stated in the regulation.

(4) A fee specifically prescribed to recover the cost of issuing a permit under this Act in the form of a plastic card may, when recovered, be retained by the Director and applied for the purposes of administering this Act without further appropriation by Parliament.

Subject to this Act, where a code of practice, standard or other document is incorporated into or referred to in this Act, the regulations or a permit granted under this Act—