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Australia, South Australia

South Australia National Parks and Wildlife Act 1972

Statute Details
Printable Version
Citation: National Parks and Wildlife Act 1972



Last Checked by Web Center Staff: 08/2010

Summary:   An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes.


Statute in Full:

South Australia

National Parks and Wildlife Act 1972

An Act to provide for the establishment and management of reserves for public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment; and for other purposes.

 

Contents

Part 1—Preliminary

1 Short title

5 Interpretation

Part 2—Administration

Division 1—General administrative powers

6 Constitution of Minister as a corporation sole

9 Power of acquisition

10 Research and investigations

11 Wildlife Conservation Fund

12 Delegation

13 Information to be included in annual report

14 Minister not to administer this Act

Division 2—The South Australian National Parks and Wildlife Council

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

Division 2A—Advisory committees

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

Division 2B—Consultative committees

19M Establishment of consultative committees

19N Quorum

19O Proceedings of consultative committees

Division 3—Appointment and powers of wardens

20 Appointment of wardens

21 Assistance to warden

22 Powers of wardens

23 Forfeiture

24 Hindering of wardens etc

24A Offences by wardens etc

25 Power of arrest

26 False representation

Part 3—Reserves and sanctuaries

Division 1—National parks

27 Constitution of national parks by statute

28 Constitution of national parks by proclamation

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

Division 2—Conservation parks

29 Constitution of conservation parks by statute

30 Constitution of conservation parks by proclamation

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

Division 3—Game reserves

31 Constitution of game reserves by statute

32 Constitution of game reserves by proclamation

Division 4—Recreation parks

33 Constitution of recreation parks by statute

34 Constitution of recreation parks by proclamation

Division 4A—Regional reserves

34A Constitution of regional reserves by proclamation

Division 4B—Native title

34B Native title in relation to reserves

Division 5—Control and management of reserves

35 Control of reserves

36 Management of reserves

37 Objectives of management

38 Management plans

39 Creation of zones within a reserve

40 Implementation of management plan

40A Agreement as to conditions

Division 6—Miscellaneous provisions relating to reserves

41 Approval of proposal for constitution of reserve

41A Alteration of boundaries of reserves

42 Prohibited areas

43 Rights of prospecting and mining

43A Prospecting and mining in regional reserves

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

43B Entry onto reserves for purpose of investigation and survey

43C Entrance fees etc for reserves

Division 6A—Provisions relating to co-managed parks

Subdivision 1—Preliminary

43D Application

43E Objects

Subdivision 2—Co-management agreements

43F Co-management agreement

Subdivision 3—Co-management Boards

43G Establishment of co-management boards by regulation

43H Corporate nature of co-management board

43I Dissolution or suspension of co-management boards

Subdivision 4—Miscellaneous

43J Staff

43K Accounts and audit

43L Annual report

Division 7—Sanctuaries

44 Establishment of sanctuaries

45 Protection of animals and plants in sanctuary

Part 3A—Development Trusts

Division 1—Development Trusts

45A Interpretation and application

45B Development Trusts

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

Division 2—The General Reserves Trust Fund

45M Establishment of the Fund

45N Investment of the fund

45O Accounts and auditing

Part 4—Conservation of native plants

46 Application of this Part

47 Unlawful taking of native plants

48 Unlawful disposal of native plants

48A Illegal possession of native plants

49 Permits

49A Permits for commercial purposes

Part 5—Conservation of native animals

Division 1—Application of this Part

50 Application of this Part

Division 2—Restrictions upon the taking of protected animals

51 Taking of protected animals etc

52 Open season

53 Permits to take protected animals

53A Review of decision of the Minister under section 53

54 Dangerous magpies and poisonous reptiles

Division 3—Release of protected animals

55 Restriction on release of protected animals

Division 4—Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals

58 Keeping and sale of protected animals

58A Restriction on keeping protected animals in certain areas

59 Export and import of protected animals and native plants

60 Illegal possession of animals etc

Division 4A—Farming of protected animals

60B Interpretation

60BA Declaration of species for trial farming

60C Permit for farming protected animals

60D Code of management

60E Royalty

60F Application of fees and royalty

Division 4B—Harvesting of protected animals

60G Application of Division

60H Interpretation

60I Plan of management

60J Permit for harvesting protected animals

60K Royalty

60L Application of fees and royalty

Division 5—Royalty

61 Royalty

62 Demand for royalty

63 Recovery of royalty by civil action

Division 6—General provisions

64 Unlawful entry on land

65 Use of poison

66 Restriction on use of certain devices

67 Devices for the illegal taking of animals

68 Molestation etc of protected animals

Part 5A—Hunting

Division 1—Hunting generally

68A Hunting permits

68B Unlawful entry on land

Division 2—Hunting and food gathering by Aboriginal persons

68C Interpretation

68D Hunting and food gathering by Aboriginal persons

68E Exemption from requirement to hold hunting permit

Part 6—Miscellaneous provisions

69 Permits

70 Obligation to produce permit

70A Failure to comply with authority

71 Duplicate

72 False or misleading statement

73 Offences against provisions of proclamations and notices

73A Liability of vehicle owners and expiation of certain offences

74 Additional penalty

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

75 Evidentiary provisions

75A Defence

77 Powers of court

78 Financial provision

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

80 Regulations

81 Codes of practice etc

Schedule 3—National parks

Schedule 4—Conservation parks

Schedule 5—Game reserves

Schedule 6—Recreation parks

Schedule 7—Endangered species

Part 1—Animals

Part 2—Plants

Schedule 8—Vulnerable species

Part 1—Animals

Part 2—Plants

Schedule 9—Rare species

Part 1—Animals

Part 2—Plants

Schedule 10—Unprotected species

Schedule 11—Species to which Part 5 Division 4A applies

Legislative history

 

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

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

5—Interpretation

In this Act, unless the contrary intention appears—

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

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

(a) the Aboriginal Lands Trust; or

(b) a body that represents the interests of the relevant Aboriginal group;

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

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

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

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

animal includes any species of animal;

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

(a) the flesh or internal organs of the animal; or

(b) the feathers, wool, hair, skin or hide of the animal; or

(c) the bones, horns or hooves of the animal;

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

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

co-management 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—

(a) unalienated land of the Crown; or

(b) land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown;

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

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

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

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—

(a) a mining lease, or a miscellaneous purposes licence, granted under the Mining Act 1971;

(ab) a registered precious stones claim or a registered opal development lease registered under the Opal Mining Act 1995;

(b) a production licence or a pipeline licence granted under the Petroleum Act 2000;

(c) a production licence, or pipeline licence, granted under the Petroleum (Submerged Lands) Act 1982;

(d) a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000;

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

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

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

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

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

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

(a) the occupier of the land; or

(b) a person to whom the care, control and management of the land has been committed;

plant means vegetation of any species including—

(a) its flowers; or

(b) its seeds; or

(c) any other part of the vegetation;

premises includes vacant land;

private land means any land except Crown land;

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

protected animal means—

(a) any mammal, bird or reptile indigenous to Australia; or

(b) any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or

(c) any animal of a species referred to in Schedule 7, 8 or 9; or

(d) any animal of a species declared by regulation to be a species of protected animals,

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

public road means a road—

(a) to which the public has access; and

(b) which is under the control of the Commissioner of Highways or a council constituted under the Local Government Act 1999;

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

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

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

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

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

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

sell means—

(a) sell, barter or exchange;

(b) agree or offer to sell, barter or exchange;

(c) receive, expose, store, have in possession, send, consign or deliver for or in pursuance of sale, barter or exchange,

and sale has a corresponding meaning;

take

(a) with reference to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure; and

(b) with reference to a plant means—

(i) to remove the plant or part of the plant, from the place in which it is growing; or

(ii) to damage the plant;

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

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

vehicle includes—

(a) a caravan or trailer;

(b) an aircraft;

(c) a ship, boat or vessel;

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

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

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

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

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

Part 2—Administration

Division 1—General administrative powers

6—Constitution of Minister as a corporation sole

(1) The Minister is a corporation sole.

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

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

9—Power of acquisition

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

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

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

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

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

10—Research and investigations

(1) The Minister may—

(a) cause research to be carried out into problems relating to the conservation of wildlife; or

(b) collaborate with any other person, body or authority in the conduct of any such research; or

(c) cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves.

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

11—Wildlife Conservation Fund

(1) The Wildlife Conservation Fund is established.

(2) The fund consists of—

(a) money derived by the Minister from any donation or grant made for the purposes of the fund; and

(b) money provided by Parliament for the purposes of the fund; and

(c) money arising from any sale that the Minister is authorised to make in pursuance of powers conferred by this Act; and

(ca) money arising from the sale of an animal, or the carcass or eggs of an animal, surrendered to the Minister, the Director or the Department; and

(d) fees paid for permits under Part 5A; and

(e) fees and royalties to be paid into the fund under any other provision of this Act; and

(f) interest and accretions arising from investment of the fund.

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

(a) the conservation of wildlife, and land constituting the natural environment or habitat of wildlife, in such manner as the Minister may, upon the recommendation of the South Australian National Parks and Wildlife Council, determine; and

(b) the promotion of research into problems relating to the conservation of wildlife; and

(c) any other purpose for which the fund may be applied under this Act.

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

12—Delegation

(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.

13—Information to be included in annual report

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

(a) the aggregate amount of fees paid for entrance to reserves during the relevant year; and

(b) the aggregate amount paid pursuant to leases, licences and other agreements referred to in section 35 during the relevant year; and

(c) the aggregate amount of fees and other charges paid for camping and other accommodation on reserves during the relevant year; and

(d) the aggregate amount paid for guided tours during the relevant year.

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

14—Minister not to administer this Act

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

Division 2—The South Australian National Parks and Wildlife Council

15—Establishment and membership of the Council

(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—

(a) one must have qualifications or experience in the conservation of animals, plants and ecosystems;

(b) another must be a person selected by the Minister from a panel of two men and two women nominated by the Conservation Council of South Australia Incorporated;

(c) another must have qualifications or experience in the management of natural resources;

(d) another must have qualifications or experience in organising community involvement in the conservation of animals, plants or other natural resources;

(e) another must have qualifications or experience in a field of science that is relevant to the conservation of ecosystems and to the relationship of wildlife with its environment;

(f) each of the remaining two must have qualifications or experience in at least one of the following:

(i) ecologically based tourism; or

(ii) business management; or

(iii) financial management; or

(iv) marketing,

being an area in which the other does not have qualifications or experience.

(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.

16—Conditions of membership

(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—

(a) for misconduct; or

(b) for failure or incapacity to carry out the duties of his or her office satisfactorily.

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

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice to the Minister; or

(d) is removed from office under subsection (2).

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

17—Vacancies or defects in appointment of members

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

18—Direction and control of the Minister

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

19—Proceedings of the Council

(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—

(a) notice of the conference is given to all members in the manner determined by the Council for that purpose; and

(b) each participating member is capable of communicating with every other participating member during the conference.

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

(a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Council; and

(b) a majority of the appointed members express their concurrence in the proposed resolution by letter, telex, facsimile transmission or other written communication setting out the terms of the resolution.

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

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

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

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

19B—Allowances and expenses

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

19C—Functions of the Council

(1) The functions of the Council are—

(a) to provide advice to the Minister at the Minister's request or on its own initiative on any matter relating to the administration of this Act; and

(b) such other functions as are set out in this Act.

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

(a) planning in relation to the management of reserves;

(b) the conservation of wildlife;

(c) funding (including matters relating to sponsorship) and the development and marketing of commercial activities;

(d) community participation in the management of reserves and the conservation of wildlife;

(e) the development of policy;

(f) existing or proposed national or international agreements relating to the conservation of animals, plants and ecosystems;

(g) the promotion (including public education) of the conservation of wildlife and other natural resources;

(h) the Council's assessment of the performance of the Department in administering this Act;

(i) any other matter referred to the Council by the Minister or on which the Council believes it should advise the Minister.

19D—Annual report

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

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

Division 2A—Advisory committees

19E—Establishment of advisory committees

(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—

(a) the classification of species of animals or plants on the basis of the species' risk of extinction;

(b) the management of wildlife including—

(i) the harvesting and farming of wildlife;

(ii) population control of wildlife;

(iii) the reintroduction of particular species of wildlife to parts of the State in which those species once lived or grew;

(iv) the declaration of open seasons in relation to particular species of protected animals;

(v) the issuing of permits under this Act;

(vi) the management of endangered, vulnerable and rare species;

(c) the plan of management for a particular reserve or plans of management generally;

(d) the involvement of Aboriginal people in the management of land and wildlife;

(e) private sector sponsorship for the management of reserves and wildlife.

19F—Members of advisory committees

(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—

(a) for misconduct; or

(b) for failure or incapacity to carry out the duties of his or her office satisfactorily.

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

(a) dies; or

(b) completes a term of office and is not reappointed; or

(c) resigns by written notice to the Minister or to the Council; or

(d) is removed from office under subsection (2).

19G—Quorum

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.

19H—Proceedings of advisory committees

(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.

19I—Direction and control of advisory committees

(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.

19K—Allowances and expenses

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

19L—Annual report

(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.

Division 2B—Consultative committees

19M—Establishment of consultative committees

(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.

19N—Quorum

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.

19O—Proceedings of consultative committees

(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.

Division 3—Appointment and powers of wardens

20—Appointment of wardens

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

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

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

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

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

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

(a) if there is a co-management board for the park—with the agreement of the co-management board; or

(b) in any other case—after consultation with the other party to the co-management agreement for the park.

21—Assistance to warden

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

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

22—Powers of wardens

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

(a) enter and search any premises or vehicle connected with the suspected offence;

(b) in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place;

(ba) give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle;

(c) require the person suspected of having committed the offence to state his or her full name and usual place of residence;

(ca) subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile;

(cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means;

(d) if the suspect is on a reserve—order him or her off the reserve for a stated period (not exceeding 24 hours).

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

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

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

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

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

(4) A warden may—

(a) enter and inspect premises—

(i) on which a protected animal is kept; or

(ii) on which some other activity is carried on in pursuance of a permit under this Act;

(b) examine a protected animal kept on such premises;

(c) require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection.

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

(a) if authorised by warrant under subsection (6); or

(b) if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case.

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

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

Maximum penalty: $1 000.

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

23—Forfeiture

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

(a) it has been used in the commission, or is likely to be used in the commission, of an offence against this Act; or

(b) it furnishes evidence of the commission of an offence against this Act; or

(c) where the object is an animal, carcass, egg or plant—

(i) it has been taken in contravention of this Act; or

(ii) it is, or has been, in the possession of a person in contravention of this Act.

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

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

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

(a) if proceedings for an offence against this Act in relation to the object seized are not commenced within three months of the date of seizure, the object must be returned to the owner;

(b) if such proceedings are commenced against the owner of the object within three months of the date of seizure and the owner is, in the course of those proceedings, convicted of such an offence—

(i) the court may order that the object be forfeited to the Crown; and

(ii) where the object is an animal, carcass, egg or plant and the prosecutor applies for its forfeiture—the court must order that the object be forfeited to the Crown;

(c) the object must be returned to the owner of the object if—

(i) in the circumstances referred to in paragraph (b), the owner is not convicted or the court does not make an order for forfeiture; or

(ii) in any other circumstances, the object is no longer required to furnish evidence of the commission of an offence;

(d) an object forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund.

(5) Despite subsection (4)—

(a) where a living animal is seized under this section, a warden may release it from captivity;

(b) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom an object is to be returned under subsection (4), the object may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund.

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

(6) In this section—

convicted includes found guilty without a conviction being recorded;

object includes—

(a) an animal, carcass or egg;

(b) a plant;

(c) a vehicle;

(d) a cage or container;

(e) a firearm or device;

(f) a poison or other substance;

(g) a document or record;

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

(a) a person who has legal title to the object;

(b) a person who was, immediately before seizure of the object, legally in possession or control of the object.

24—Hindering of wardens etc

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

Maximum penalty: $2 500.

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

Maximum penalty: $2 500.

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

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

24A—Offences by wardens etc

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

(a) addresses offensive language to any other person; or

(b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person,

is guilty of an offence.

Maximum penalty: $2 500.

25—Power of arrest

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

(a) who fails to comply with a direction, requirement or order of a warden under this Act; or

(b) who hinders a warden in the exercise of powers or functions under this Act.

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

26—False representation

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

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

Part 3—Reserves and sanctuaries

Division 1—National parks

27—Constitution of national parks by statute

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

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

(3) The Governor may, by proclamation—

(a) abolish a national park constituted under this section; or

(b) alter the boundaries of a national park constituted under this section; or

(c) alter the name assigned to a national park under this section.

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

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

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

28—Constitution of national parks by proclamation

(1) The Governor may, by proclamation—

(a) constitute as a national park any specified Crown land, or specified Aboriginal-owned land, the Governor considers to be of national significance by reason of the wildlife or natural features of that land; and

(b) assign a name to a national park so constituted.

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

(a) constituting a national park of Aboriginal-owned land unless a co-management agreement has been made for the park; or

(b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land.

(2) The Governor may, by subsequent proclamation—

(a) abolish a national park constituted under this section; or

(b) alter the boundaries of a national park constituted under this section; or

(c) alter the name of a national park constituted under this section.

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

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

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

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

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

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

(a) the land ceases to be a national park; and

(b) the Minister must cause notice of that fact to be published in the Gazette.

Division 2—Conservation parks

29—Constitution of conservation parks by statute

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

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

(3) The Governor may, by proclamation—

(a) abolish a conservation park constituted under this section; or

(b) alter the boundaries of a conservation park constituted under this section; or

(c) alter the name assigned to a conservation park under this section.

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

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

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

30—Constitution of conservation parks by proclamation

(1) The Governor may, by proclamation—

(a) constitute as a conservation park any specified Crown land, or specified Aboriginal-owned land, that should, in the Governor's opinion, be protected or preserved for the purpose of conserving any wildlife or the natural or historic features of that land; and

(b) assign a name to a conservation park so constituted.

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

(a) constituting a conservation park of Aboriginal-owned land unless a co-management agreement has been made for the park; or

(b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land.

(2) The Governor may, by subsequent proclamation—

(a) abolish a conservation park constituted under this section; or

(b) alter the boundaries of a conservation park constituted under this section; or

(c) alter the name of a conservation park constituted under this section.

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

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

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

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

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

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

(a) the land ceases to be a conservation park; and

(b) the Minister must cause notice of that fact to be published in the Gazette.

Division 3—Game reserves

31—Constitution of game reserves by statute

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

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

(3) The Governor may, by proclamation—

(a) abolish a game reserve constituted under this section; or

(b) alter the boundaries of a game reserve constituted under this section; or

(c) alter the name of a game reserve constituted under this section.

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

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

32—Constitution of game reserves by proclamation

(1) The Governor may, by proclamation—

(a) constitute as a game reserve any Crown land that should in the Governor's opinion be preserved for the conservation of wildlife and management of game; and

(b) assign a name to a game reserve so constituted.

(2) The Governor may, by subsequent proclamation—

(a) abolish a game reserve constituted under this section; or

(b) alter the boundaries of a game reserve constituted under this section; or

(c) alter the name assigned to a game reserve under this section.

Division 4—Recreation parks

33—Constitution of recreation parks by statute

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

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

(3) The Governor may, by proclamation—

(a) abolish a recreation park constituted under this section; or

(b) alter the boundaries of a recreation park constituted under this section; or

(c) alter the name assigned to a recreation park under this section.

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

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

34—Constitution of recreation parks by proclamation

(1) The Governor may, by proclamation—

(a) constitute as a recreation park any specified Crown land that should in the Governor's opinion be conserved and managed for public recreation and enjoyment; and

(b) assign a name to a recreation park so constituted.

(2) The Governor may, by subsequent proclamation—

(a) abolish a recreation park constituted under this section; or

(b) alter the boundaries of a recreation park constituted under this section; or

(c) alter the name assigned to a recreation park constituted under this section.

Division 4A—Regional reserves

34A—Constitution of regional reserves by proclamation

(1) The Governor may, by proclamation—

(a) constitute as a regional reserve any specified Crown land for the purpose of conserving any wildlife or the natural or historic features of that land while, at the same time, permitting the utilisation of the natural resources of that land; and

(b) assign a name to a regional reserve so constituted.

(2) The Governor may, by subsequent proclamation—

(a) abolish a regional reserve constituted under this section; or

(b) alter the boundaries of a regional reserve constituted under this section; or

(c) alter the name of a regional reserve constituted under this section.

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

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

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

(a) prepare a report—

(i) assessing the impact of the utilisation of natural resources on the conservation of the wildlife and the natural and historic features of the reserve; and

(ii) assessing the impact, or the potential impact, of the utilisation of the natural resources of the reserve on the economy of the State; and

(iii) making recommendations as to the future status under this Act of the land constituting the reserve; and

(b) cause a copy of the report to be laid before each House of Parliament.

Division 4B—Native title

34B—Native title in relation to reserves

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

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

Division 5—Control and management of reserves

35—Control of reserves

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

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

(2a) A co-managed park is—

(a) if there is a co-management board for the park—under the control of the board, subject to Division 6A; or

(b) in any other case—under the control of the Minister, subject to the provisions of the co-management agreement for the park.

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

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

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

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

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

(a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and

(b) comply with the Minister's directions (if any) in relation to the lease, licence or agreement (including a direction that the lease or licence not be granted or the agreement not be entered into, or that if it is to be granted or entered into, then the lease, licence or agreement be subject to conditions specified by the Minister).

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

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

(8) In this section—

relevant authority means—

(a) in relation to a co-managed park for which there is a co-management board—the co-management board for the park; or

(b) in any other case—the Minister.

36—Management of reserves

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

(2) A co-managed park is—

(a) if there is a co-management board for the park—under the management of the board, subject to Division 6A and the provisions of the co-management agreement; or

(b) in any other case—under the management of the Director, subject to the provisions of the co-management agreement for the park.

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

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

37—Objectives of management

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

(a) the preservation and management of wildlife; and

(b) the preservation of historic sites, objects and structures of historic or scientific interest within reserves; and

(c) the preservation of features of geographical, natural or scenic interest; and

(d) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; and

(e) the control of vermin and exotic animals; and

(f) the control and eradication of disease of animals and vegetation; and

(g) the prevention and suppression of bush fires and other hazards; and

(h) the encouragement of public use and enjoyment of reserves and education in, and a proper understanding and recognition of, their purpose and significance; and

(i) generally the promotion of the public interest; and

(j) in relation to managing a regional reserve—to permit the utilisation of natural resources while conserving wildlife and the natural or historic features of the land; and

(k) insofar as a reserve is located wholly or partly within the Murray-Darling Basin, the promotion of the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and

(l) the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within reserves.

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

38—Management plans

(1) The Minister must—

(a) in the case of a reserve that is a co-managed park—as soon as practicable after the making of the co-management agreement for the reserve; or

(b) in the case of any other reserve—as soon as practicable after the constitution of the reserve,

prepare a plan of management in relation to the reserve.

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

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

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

(a) after consultation with the Development Policy Advisory Committee under the Development Act 1993; and

(b) having regard to—

(i) the principles and policies of the Planning Strategy under the Development Act 1993; and

(ii) the provisions of any relevant Development Plan under that Act; and

(c) in the case of a co-managed park—

(i) for which there is a co-management board—in collaboration with the board; or

(ii) in any case—after consultation with the other party to the co-management agreement for the park.

(3) Where the Minister has prepared a plan of management in respect of a reserve the Minister must 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—

(a) set forth proposals of the Minister in relation to the management and improvement of the reserve; and

(b) set forth any other proposals by which the Minister proposes to accomplish the objectives of this Act in relation to the reserve.

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

(5) The notice must—

(a) specify an address at which copies of the plan of management may be inspected; and

(b) specify an address to which representations in connection with the plan of management may be forwarded.

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

(7) At the expiration of the period during which representations may be made, the Minister must refer the plan of management together with any representations to the 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—

(a) adopt a management plan—

(i) without alteration; or

(ii) with such alterations as the Minister thinks reasonable in view of the representations that were made; or

(b) may refer the management plan back to the Council for further consideration.

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

(a) if there is a co-management board for the park—with the agreement of the board; or

(b) in any other case—after consultation with the other party to the co-management agreement for the park.

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

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

(a) the Minister is of the opinion that the culling of those animals is the only practicable option for controlling an overpopulation of animals of that species in the reserve; and

(b) the plan sets out the Minister's reasons for that opinion.

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

39—Creation of zones within a reserve

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

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

40—Implementation of management plan

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

(a) the provisions of the plan must be carried out in relation to that reserve; and

(b) operations must not be undertaken in relation to that reserve unless those operations are in accordance with the plan of management.

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

40A—Agreement as to conditions

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

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

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

Division 6—Miscellaneous provisions relating to reserves

41—Approval of proposal for constitution of reserve

(1) The Minister must—

(a) submit any proposal to constitute, or alter the boundaries of, a reserve to the Minister administering the Crown Lands Act 1929 for approval;

(b) submit any such proposal to each Minister administering a mining Act and consider the views of that Minister in relation to the proposal;

(c) submit any such proposal in respect of a reserve that includes or is to include land within the Murray-Darling Basin to the Minister to whom the administration of the River Murray Act 2003 is committed and consider the views of that Minister in relation to the proposal.

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

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

41A—Alteration of boundaries of reserves

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

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

(a) giving notice of the place or places at which a plan showing the proposed alterations is available for inspection; and

(b) inviting interested persons to make written submissions to the Minister in relation to the proposal.

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

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

(a) significantly prejudice the fulfilment of the management objectives contained in section 37 as they relate to that reserve; or

(b) be contrary to the plan of management prepared in accordance with section 38 in relation to that reserve.

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

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

42—Prohibited areas

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

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

(a) if there is a co-management board for the park—with the agreement of the board; or

(b) in any other case—after consultation with the other party to the co-management agreement for the park.

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

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

Maximum penalty: $1 000.

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

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

43—Rights of prospecting and mining

(1) Subject to 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—

(a) the proclamation is made for the purpose of continuing rights of entry, prospecting, exploration or mining vested in any person immediately before the commencement of this Act in respect of that land; or

(b) the proclamation is made simultaneously with the proclamation constituting that land a national park or a conservation park; or

(c) the proclamation is made in pursuance of a resolution passed by both Houses of Parliament.

(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.

43A—Prospecting and mining in regional reserves

(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.

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

(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—

(a) vary a proclamation made under subsection (1) to reduce the area of a zone; or

(b) revoke a proclamation made under subsection (1).

(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.

43B—Entry onto reserves for purpose of investigation and survey

(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.

43C—Entrance fees etc for reserves

(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—

(a) in relation to a co-managed park for which there is a co-management board—the co-management board for the park; or

(b) in any other case—the Director.

Division 6A—Provisions relating to co-managed parks

Subdivision 1—Preliminary

43D—Application

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.

43E—Objects

(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—

(a) ensure the continued enjoyment of the parks by the relevant Aboriginal groups for cultural, spiritual and traditional uses; and

(b) ensure the continued enjoyment of the parks by members of the public in a manner consistent with the co-management agreements for the parks; and

(c) ensure the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within the parks; and

(d) provide protection for the natural resources, wildlife, vegetation and other features of the parks.

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

Subdivision 2—Co-management agreements

43F—Co-management agreement

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

(a) a national park or conservation park to be constituted of Aboriginal-owned land; or

(b) a national park or conservation park constituted of land with which an Aboriginal group or community has a traditional association.

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

(a) in the case of a national park or conservation park to be constituted of Aboriginal-owned land—the registered proprietor of the land, or the body in which the land is to be vested; or

(b) in the case of a national park or conservation park constituted of Crown land—a body representing the interests of the relevant Aboriginal group.

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

(a) if a co-management board is to be established for the co-managed park—the constitution of the board; and

(b) if a co-management board is not to be established for the co-managed park—any limitations or conditions applying to the exercise of the Minister's or Director's powers in relation to the park and responsibilities to be assumed by or on behalf of the relevant Aboriginal group; and

(c) preparation of a plan of management for the co-managed park; and

(d) measures related to the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance; and

(e) implementation of the plan of management for the co-managed park; and

(f) funding arrangements relating to the management of the co-managed park; and

(g) the appointment of wardens; and

(h) the exercising of powers by wardens in relation to members of the relevant Aboriginal group; and

(i) employment of staff; and

(j) dispute resolution; and

(k) park entrance fees; and

(l) access by members of the public to the co-managed park; and

(m) the taking of plants and animals by members of the relevant Aboriginal group; and

(n) any other matter specified by the Minister.

(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:

(a) in the case of a co-management agreement for a national park or conservation park constituted of Aboriginal-owned land that was Aboriginal-owned land before the park was constituted—

(i) the agreement may be terminated unilaterally;

(ii) the agreement may specify a minimum period that must elapse before the agreement may be terminated;

(b) in the case of a co-management agreement for a national park or conservation park constituted of Aboriginal-owned land that was Crown land before the co-management agreement was made—

(i) the agreement may only be terminated by agreement between the Minister and registered proprietor of the Aboriginal-owned land;

(ii) the agreement may specify a minimum period that must elapse before the agreement may be terminated;

(c) in the case of a co-management agreement for a national park or conservation park constituted of Crown land—the agreement may only be terminated by the Minister by notice in writing to the other party to the 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.

Subdivision 3—Co-management Boards

43G—Establishment of co-management boards by regulation

(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—

(a) must not be inconsistent with the co-management agreement for the co-managed park; and

(b) must name the board; and

(c) must provide for the appointment, term and conditions of office and removal of the members of the board; and

(d) must provide for the procedures governing the board's proceedings; and

(e) may limit the powers and functions of the board; and

(f) may provide for delegation by the board; and

(g) may provide for the remuneration of members; and

(h) may require reporting by the board to the Minister; and

(i) may make any other provision (not inconsistent with this Act) that is necessary or expedient for the purposes of this Act.

(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—

(a) the co-management board to have a majority of members who are members of the relevant Aboriginal group; and

(b) the co-management board to be chaired by a person nominated by the registered proprietor of the land constituting the co-managed park; and

(c) the quorum of the co-management board to have a majority of members who are members of the relevant Aboriginal group.

(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.

43H—Corporate nature of co-management board

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

(a) is a body corporate; and

(b) has perpetual succession and a common seal; and

(c) can sue and be sued in its corporate name; and

(d) has all the powers of a natural person that are capable of being exercised by a body corporate; and

(e) has the functions and powers assigned or conferred by or under this or any other Act.

(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.

43I—Dissolution or suspension of co-management boards

(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—

(a) the co-managed park is abolished; or

(b) the co-management agreement for the co-managed park is terminated.

(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.

Subdivision 4—Miscellaneous

43J—Staff

(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—

(a) Public Service employees assigned to work with the co-management board; or

(b) if appointments have been made under subsection (3)—the persons holding those appointments.

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

(a) appoint persons to the staff of the board; and

(b) appoint persons to assist in the management of a co-managed park.

(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.

43K—Accounts and audit

(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.

43L—Annual report

(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—

(a) the audited accounts of the co-management board; and

(b) any other information required by or under the regulations.

(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.

Division 7—Sanctuaries

44—Establishment of sanctuaries

(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—

(a) where the land is reserved for or dedicated to, a public purpose, the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or

(b) where the land is private land, the owner and occupier of the land have consented to a declaration under this section,

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—

(a) may revoke any declaration under this section; and

(b) where private land constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary, must revoke the declaration under which that land is constituted a sanctuary.

(3) In this section—

owner in relation to private land means—

(a) in the case of private land that is held in fee simple—the holder of the estate in fee simple; or

(b) in the case of private land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the lessee under that lease.

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

(a) a declaration was purportedly made under this section in relation to land subject to a lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989; and

(b) the lessee under that lease consented to the making of the declaration,

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.

45—Protection of animals and plants in sanctuary

(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:

In the case of an animal, or the eggs of an animal, or a native plant of an endangered species, $10 000 or imprisonment for 2 years.

In the case of an animal, or the eggs of an animal, or a native plant of a vulnerable species, $7 500 or imprisonment for 18 months.

In the case of an animal, or the eggs of an animal, or a native plant of a rare species, $5 000 or imprisonment for 12 months.

In any other case, $2 500 or imprisonment for 6 months.

(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).

Part 3A—Development Trusts

Division 1—Development Trusts

45A—Interpretation and application

(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.

45B—Development Trusts

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

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

(a) (except in the case of the General Reserves Trust) designate the reserve in relation to which the Development Trust is to be created;

(b) designate the Trust by a distinctive name;

(c) fix the number of members of the Trust and the method by which they are appointed or elected;

(d) fix the quorum for meetings of the Trust;

(e) fix the terms and conditions upon which members of the Trust will hold office;

(f) provide for the removal of members of the Trust from office and for the filling of vacant offices.

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

45BA—The General Reserves Trust

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.

45C—Trust to be body corporate

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

(a) is capable of suing and being sued; and

(b) is capable of holding, acquiring, dealing with and disposing of real and personal property; and

(c) is capable of acquiring or incurring any other rights and liabilities; and

(d) has the powers, rights, duties and functions conferred, imposed or prescribed by or under this Act or any other Act; and

(e) holds its property on behalf of the Crown.

(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.

45D—Appointment of members to a Trust

(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.

45E—Chairman and meetings of a 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.

45F—Functions of a Trust

(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—

(a) pursuant to subsection (2b); or

(b) being fees paid for entrance to the reserve or reserves in relation to which the Trust has been established (the Trust's reserves); or

(c) being fees or other money paid for—

(i) the use of the Trust's reserves; or

(ii) the use of facilities or services provided by the Trust; or

(d) being money that it has borrowed with the approval of the Treasurer for the purposes of the Trust; or

(e) as a donation or grant for the purposes of the Trust; or

(f) as interest or accretions arising from investment of money held 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.

45G—Trust may delegate

(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.

45H—Staff of a Trust

(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—

(a) employment in the Public Service of the State; or

(b) employment by another Trust; or

(c) any other prescribed employment,

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

45I—Acquisition of land

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

(a) for the purposes of carrying out its functions;

(b) without limiting paragraph (a)—for the purposes of a reserve or to enlarge or extend an existing reserve.

45J—Financial provisions

(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.

45L—Dissolution of a Trust

(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.

Division 2—The General Reserves Trust Fund

45M—Establishment of the Fund

(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—

(a) money provided by Parliament for the purposes of the fund; and

(b) fees paid for entrance to reserves in relation to which the General Reserves Trust has been established (the Trust's reserves); and

(c) money that is payable pursuant to a lease, licence or other agreement entered into by the Minister or Director under section 35 in relation to a reserve for which the General Reserve Trust is responsible that the Minister or Director has directed be paid into the fund; and

(d) fees or other money not referred to in paragraph (c) paid for—

(i) the use of the Trust's reserves; or

(ii) the use of facilities or services provided on the Trust's reserves; and

(e) money borrowed by the Trust with the approval of the Treasurer for the purposes of the fund; and

(f) any donation or grant made for the purposes of the fund; and

(g) interest and accretions arising from investment of the fund.

(4) The Trust may apply the fund—

(a) for or in relation to the development and management of one or more of its reserves; and

(b) in repayment of money borrowed by the Trust for the purposes of the fund and interest payable in respect of that money; and

(c) for or in relation to the management and control of the fund.

45N—Investment of 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.

45O—Accounts and auditing

(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).

Part 4—Conservation of native plants

46—Application of this Part

(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—

(a) within a part of the State specified in the proclamation; or

(b) to a specified species of native plant; or

(c) to a specified species of native plant in a specified part of the State,

and the operation of this Part will be modified accordingly.

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

47—Unlawful taking of native plants

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

(a) on any reserve, wilderness protection area or wilderness protection zone; or

(b) on any other Crown land; or

(c) on any land reserved for or dedicated to public purposes; or

(d) on any forest reserve.

(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:

In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years.

In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months.

In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months.

In any other case, $2 500 or imprisonment for 6 months.

(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—

(a) was neither intentional nor negligent; or

(b) was done in pursuance of some statutory authority.

48—Unlawful disposal of native plants

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

Maximum penalty:

In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years.

In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months.

In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months.

In any other case, $2 500 or imprisonment for 6 months.

(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.

48A—Illegal possession of native plants

(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:

In the case of a native plant of an endangered species, $10 000 or imprisonment for 2 years.

In the case of a native plant of a vulnerable species, $7 500 or imprisonment for 18 months.

In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months.

In any other case, $2 500 or imprisonment for 6 months.

(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.

49—Permits

(1) The Minister may grant a permit authorising—

(a) the taking of native plants; or

(b) the sale or gift of native plants,

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.

49A—Permits for commercial purposes

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

(a) declare that this section applies to, and in relation to, a species of plant; and

(b) vary or revoke a declaration referred to in paragraph (a).

(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:

(a) the effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part; and

(b) the need for research in relation to that species; and

(c) the identification of plants and plant products; and

(d) any other matters that should, in the opinion of the Minister be addressed,

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.

Part 5—Conservation of native animals

Division 1—Application of this Part

50—Application of this Part

(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—

(a) within a part of the State defined or referred to in the proclamation; or

(b) to a specified species of animal; or

(c) to a specified species of animal in a specified part of the State.

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

Division 2—Restrictions upon the taking of protected animals

51—Taking of protected animals etc

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

Maximum penalty:

In the case of a marine mammal—$100 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal), or the eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal), or the eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months.

In the case of an animal (not being a marine mammal), or the eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months.

In any other case—$2 500 or imprisonment for 6 months.

(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.

52—Open season

(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—

(a) must not relate to animals of an endangered species; and

(b) does not apply in relation to animals within—

(i) a reserve, other than a game reserve; or

(ii) a wilderness protection area or wilderness protection zone; and

(c) does not apply in relation to animals within a game reserve unless the notice expressly provides that the open season applies in relation to that reserve.

(3) A notice under this section—

(a) must state—

(i) the period of the open season (including, if the Minister thinks fit, the hours of the day during which animals may be taken); and

(ii) the parts of the State to which the open season applies; and

(iii) whether eggs may be taken; and

(b) may prescribe restrictions or conditions applicable to the open season; and

(c) may be varied or revoked by the Minister by a subsequent notice published in a newspaper circulating generally throughout the State.

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

53—Permits to take protected animals

(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—

(a) to facilitate scientific research; or

(b) to enable the person to place bands, marks or tags upon such animals and then to release them; or

(c) to permit the destruction or removal of animals that are causing, or are likely to cause, damage to the environment or to crops, stock or other property; or

(d) for any other purpose (other than for sale) that the Minister considers proper and not inconsistent with the objectives of this Act.

(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—

(a) limit the areas in which protected animals or the eggs of protected animals may be taken; and

(b) limit the number of animals or eggs that may be taken in pursuance of the permit.

(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.

53A—Review of decision of the Minister under section 53

(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—

(a) to refuse to grant the permit; or

(b) to grant the permit subject to limitations, restrictions or conditions; or

(c) as to the term of the permit; or

(d) to revoke the permit.

(2) The application must be made—

(a) within two months after the applicant is notified by the Minister of the decision; and

(b) in accordance with the requirements of the Council.

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

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

(a) vary or revoke the decision; or

(b) substitute any other decision that he or she could have made in the first instance for the original decision; or

(c) confirm the original decision.

54—Dangerous magpies and poisonous reptiles

(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) has attacked, is attacking or is likely to attack, any person; or

(b) is in dangerous proximity to any person; or

(c) is, or has been, in such proximity to a person as to cause reasonable anxiety to that person.

Division 3—Release of protected animals

55—Restriction on release of protected animals

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.

Division 4—Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals

58—Keeping and sale of protected animals

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

(a) keep more than one animal that is a protected animal of a prescribed species; or

(b) keep a protected animal of any other species,

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

Maximum penalty: $2 500.

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

(a) have possession or control of more than five eggs that are the eggs of a protected animal of a prescribed species; or

(b) have possession or control of the eggs of a protected animal of any other species,

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)—

(a) may operate in relation to one or two or all of subsections (1), (2) and (3);

(b) may operate differently in relation to different classes of persons or in relation to different circumstances specified in the proclamation;

(c) is subject to such conditions or restrictions as are specified in the proclamation.

(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).

58A—Restriction on keeping protected animals in certain areas

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.

59—Export and import of protected animals and native plants

(1) A person must not—

(a) export—

(i) a protected animal or the carcass or egg of a protected animal; or

(ii) a native plant of a species prescribed by regulation,

from a place within the State to a place outside the State except in pursuance of a permit granted under this section; or

(b) import into the State—

(i) a protected animal or the carcass or egg of a protected animal; or

(ii) a native plant of a species prescribed by regulation,

from a place outside the State except in pursuance of a permit granted under this section.

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.

60—Illegal possession of animals etc

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

(a) an animal; or

(b) the carcass of an animal; or

(c) an egg,

that has been illegally taken or acquired.

Maximum penalty:

In the case of a marine mammal or the carcass of a marine mammal—$100 000 or imprisonment for 2 years.

In the case of an animal, (not being a marine mammal), or the carcass or eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months.

In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months.

In any other case—$2 500 or imprisonment for 6 months.

(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.

Division 4A—Farming of protected animals

60B—Interpretation

In this Division, unless the contrary intention appears—

animal means—

(a) a protected animal of a species named in Schedule 11; or

(b) a protected animal of a species that is the subject of a declaration under section 60BA that is in force;

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

(a) to produce carcasses, skins and other products upon slaughter of the animals;

(b) to sell live animals or eggs to another person who carries on the business of farming animals of the same species;

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.

60BA—Declaration of species for trial farming

(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.

60C—Permit for farming protected animals

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

(a) to take an animal or the eggs of an animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or

(b) to keep an animal or to have possession or control of the eggs of an animal; or

(c) to sell an animal or the carcass or eggs of an animal,

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—

(a) if a code of management has not been adopted by the Minister under this Division in respect of the species of animal to which the permit will relate; or

(b) if the permit would, in the Minister's opinion, be seriously at variance with the code of management referred to in paragraph (a).

(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—

(a) as a last resort to terminate the animal's suffering; or

(b) to prevent the spread of a disease with which the animal is infected.

(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—

(a) the sale of eggs of the species to which the permit relates to a person who carries on the business of farming animals of that species; and

(b) the sale of eggs of that species to any other person subject to the written approval of the Minister.

(10) It is lawful to—

(a) take a protected animal or the eggs of a protected animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or

(b) keep a protected animal or to have possession or control of the eggs of a protected animal; or

(c) sell a protected animal or the carcass or eggs of a protected animal,

pursuant to a permit granted under subsection (1).

60D—Code of management

(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:

(a) the effect of taking individual animals or eggs from the wild on the species concerned and on the ecosystem of which they formed part; and

(b) the welfare of the animals in captivity; and

(c) the need for research in relation to farming the species concerned; and

(d) the identification of animals and animal products; and

(e) any other matters that should, in the opinion of the Minister, be addressed.

(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—

(a) state the place or places at which copies of the draft code can be inspected or purchased; and

(b) invite interested persons to provide the Minister with written comments in relation to the draft code.

(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.

60E—Royalty

(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—

(a) in respect of an animal or the eggs of an animal of that species taken from the wild pursuant to the permit; and

(b) in respect of an animal of that species slaughtered in captivity pursuant to the permit.

(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.

60F—Application of fees and royalty

(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—

(a) in payment of the costs of administering this Division; and

(b) for the benefit of the industry of farming the species of animal to which the permits relate; and

(c) for research into the impact upon the species of animal to which the permits relate of the taking of animals and eggs from the wild pursuant to those permits.

(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.

Division 4B—Harvesting of protected animals

60G—Application of Division

(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:

(a) red kangaroo—macropus rufus;

(b) western grey kangaroo—macropus fuliginosus melanops;

(c) euro (wallaroo) (hill kangaroo)—macropus robustus.

(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.

60H—Interpretation

In this Division, unless the contrary intention appears—

harvesting of a protected animal means—

(a) to kill the protected animal in the wild; or

(b) to capture the protected animal from the wild and then kill it,

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

60I—Plan of management

(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—

(a) assess the likely impact of harvesting animals of that species—

(i) on the species concerned; and

(ii) on the ecosystems which animals of that species form part; and

(iii) on the diversity of the species of animals and plants comprising those ecosystems; and

(iv) on the ability of the species to maintain natural genetic diversity throughout its population; and

(b) identify factors that are likely to reduce or increase the number of animals of the species to be harvested; and

(c) identify any other factors that will affect the species as a renewable resource for the purposes of harvesting in the future; and

(d) assess whether there is a need to reduce the number of animals of the species to protect the environment, crops, stock or other property; and

(e) specify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals pursuant to a permit under this Division; and

(f) address any other matters that should, in the opinion of the Minister, be addressed.

(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—

(a) state the place or places at which copies of the draft plan can be inspected or purchased; and

(b) invite interested persons to provide the Minister with written comments in relation to the draft plan.

(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.

60J—Permit for harvesting protected animals

(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—

(a) red kangaroo—macropus rufus;

(b) western grey kangaroo—macropus fuliginosus melanops;

(c) euro (wallaroo) (hill kangaroo)—macropus robustus,

and then only if—

(d) the Minister has adopted a plan of management under section 38 in relation to the reserve; and

(e) the plan of management provides for the culling of animals of the species to which the permit relates in order to preserve animal or plant habitats or wildlife; and

(f) the permit only authorises the harvesting of animals that would otherwise be culled from the reserve pursuant to the plan of management.

(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—

(a) will not adversely affect the ecosystems which animals of that species form part or the diversity of the species of animals and plants comprising those ecosystems; and

(b) will not adversely affect the species as a renewable resource for harvesting in the future.

(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—

(a) harvest protected animals; and

(b) sell, use or give away the carcass of a protected animal,

pursuant to a permit granted under subsection (1).

60K—Royalty

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.

60L—Application of fees and royalty

(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—

(a) in payment of the costs of administering this Division; and

(b) for research into the impact on the species of animals to which the permits relate of the harvesting of animals pursuant to those permits.

(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.

Division 5—Royalty

61—Royalty

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

(a) on an animal specified in the regulation; or

(b) on the carcass or skin of an animal specified in the regulation; or

(c) on any egg of an animal specified in the regulation; or

(d) on a native plant specified in the regulation,

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—

(a) the species or other class to which the animal or plant belongs; or

(b) the size, age, quality, standard or condition of the animal, carcass, skin, egg or plant; or

(c) a combination of the factors referred to in paragraphs (a) and (b).

(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.

62—Demand for royalty

(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.

63—Recovery of royalty by civil action

(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.

Division 6—General provisions

64—Unlawful entry on land

(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—

(a) to state the trespasser's full name and usual place of residence; and

(b) to leave the land.

(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—

(a) in relation to private land, the owner of the land; and

(b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and

(c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister.

65—Use of poison

(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—

(a) used the poison in good faith for the purpose of destroying vermin in pursuance of the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986; and

(b) exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid endangering protected animals by the use of poison.

(4) In this section—

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

66—Restriction on use of certain devices

(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.

67—Devices for the illegal taking of animals

(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.

68—Molestation etc of protected animals

(1) A person must not—

(a) interfere with, harass or molest, or cause or permit the interference with, harassment or molestation of, a protected animal; or

(b) undertake or continue an act or activity that is, or is likely to be, detrimental to the welfare of a protected animal after being directed by a warden not to undertake, or to stop, that act or activity; or

(c) undertake or continue an act or activity in relation to a protected animal that is contrary to regulations promulgated under this section,

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:

In the case of a marine mammal—$100 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal) of an endangered species—$10 000 or imprisonment for 2 years.

In the case of an animal (not being a marine mammal) of a vulnerable species—$7 500 or imprisonment for 18 months.

In the case of an animal (not being a marine mammal) of a rare species—$5 000 or imprisonment for 12 months.

In any other case—$2 500 or imprisonment for 6 months.

(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—

(a) that the defendant acted in the best interests of the animal concerned; or

(b) that the defendant acted reasonably to frighten the animal in order to protect himself or herself or another person or to protect—

(i) property comprising plants cultivated for commercial or other purposes or animals; or

(ii) property of any other kind.

Part 5A—Hunting

Division 1—Hunting generally

68A—Hunting permits

(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—

(a) the destruction of animals that are endangering human life; or

(b) the destruction of animals (other than protected animals) by the owner of any land, a member of his or her household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land; or

(c) the taking of an animal in pursuance of any other permit under this Act.

68B—Unlawful entry on land

(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—

(a) to state his or her full name and usual place of residence; and

(b) to leave the land.

(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—

(a) in relation to private land, the owner of the land; and

(b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and

(c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister.

Division 2—Hunting and food gathering by Aboriginal persons

68C—Interpretation

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

(a) an animal, or the eggs of an animal, of a prescribed species or a plant of a prescribed species; or

(b) an animal, egg or plant by a prescribed means or in prescribed circumstances.

68D—Hunting and food gathering by Aboriginal persons

(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—

(a) if there is a co-management board for the park—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or

(b) in accordance with the provisions of the co-management agreement for the park.

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

(a) for food for the person who takes it or for his or her dependants; or

(b) solely for cultural purposes of Aboriginal origin.

68E—Exemption from requirement to hold hunting permit

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

(a) as food for the hunter or for his or her dependants; or

(b) solely for cultural purposes of Aboriginal origin.

Part 6—Miscellaneous provisions

69—Permits

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

(a) must make the application in a manner and form determined by the relevant authority; and

(b) must, subject to subsection (2), pay to the relevant authority the appropriate fee fixed by regulation in respect of the permit at the time of the application.

(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—

(a) the applicant is not a fit and proper person to hold the permit; or

(b) to grant the permit would be prejudicial to the interests of conservation; or

(c) the applicant should fulfil certain requirements specified by the relevant authority before the permit is granted and the applicant has not fulfilled those requirements.

(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—

(a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and

(b) comply with the Minister's directions (if any) in relation to the application (including a direction that the application not be granted, or that if it is to be granted, then the permit be subject to conditions specified by the Minister).

(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—

(a) is subject to such limitations, restrictions and conditions as the relevant authority thinks fit and includes in the permit; and

(b) may, if the holder of the permit has in the opinion of the relevant authority contravened or failed to comply with any limitation, restriction or condition of the permit, be revoked by the relevant authority by instrument in writing served personally or by post upon that person; and

(c) may be revoked by the relevant authority by instrument in writing served personally or by post upon the holder of the permit if, in the opinion of the relevant authority, it is in the interests of conservation to do so.

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

(a) provide for marking, or otherwise identifying, animals to which the permit relates; and

(b) require the holder of the permit to report the escape, illness or death of any animal to which the permit relates; and

(c) require the holder of the permit to report to the relevant authority the birth of any progeny to the animals to which the permit relates.

(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—

(a) comes into operation on the day fixed in the permit for its commencement or, if no such day is fixed, on the day on which it is granted; and

(b) expires on the day fixed in the permit for its expiry or, if no such day is fixed, on the expiration of 12 months from the day on which it came into operation.

(6) Where—

(a) a permit is granted for a term of more than 12 months; and

(b) the permit includes a condition that entitles the holder of the permit to surrender it to the relevant authority; and

(c) the holder of the permit surrenders the permit 12 months or more before its specified term expires,

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—

(a) a hunting permit granted under section 68A authorises the hunting of ducks but does not authorise the hunting of any other animal; and

(b) during the whole of a particular year of the term of the permit it is not legally possible to hunt ducks pursuant to the permit because the relevant authority has not declared an open season under section 52 for duck hunting in any part of the State to which the permit applies,

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) in relation to a permit issued by, or to be issued by, a co-management board for a co-managed park constituted of Aboriginal-owned land—the co-management board for the park; or

(b) in any other case—the Minister.

70—Obligation to produce permit

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.

70A—Failure to comply with authority

(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.

71—Duplicate

(1) If the relevant authority is satisfied—

(a) that any permit or other document issued to any person under this Act has been lost, destroyed or defaced; and

(b) that no improper use has been made of that permit or document,

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—

(a) in relation to a co-managed park constituted of Aboriginal-owned land—the co-management board for the park; or

(b) in any other case—the Minister.

72—False or misleading statement

(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.

73—Offences against provisions of proclamations and notices

(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.

73A—Liability of vehicle owners and expiation of certain offences

(1) In this section—

owner, in relation to a vehicle, includes—

(a) a person registered or recorded as an owner of the vehicle under a law of this State or of the Commonwealth or another State or Territory of the Commonwealth; and

(b) a person to whom a trade plate, a permit or other authority has been issued under the Motor Vehicles Act 1959 or a similar law of the Commonwealth or another State or Territory of the Commonwealth, by virtue of which the vehicle is permitted to be driven on roads; and

(c) a person who has possession of the vehicle by virtue of the hire or bailment of the vehicle;

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—

(a) setting out the name and address of the principal offender; or

(b) if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and, in the case of a motor vehicle defined by section 5(1) of the Road Traffic Act 1961, has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).

(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—

(a) setting out particulars of the alleged prescribed offence; and

(b) inviting the owner, if he or she was not the principal offender, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (5).

(7) Subsection (6) does not apply to—

(a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or

(b) proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the principal offender.

(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—

(a) that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or

(b) that—

(i) the driver or operator of the vehicle was not the principal offender or one of the principal offenders; and

(ii) the owner does not know and cannot reasonably be expected to know the identity of the principal offender or of any one of the principal offenders; or

(c) that, at the time of the alleged prescribed offence, the vehicle was being used for a commercial purpose; or

(d) that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.

(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—

(a) an expiation notice is given to a person named as the alleged principal offender in a statutory declaration under this section; or

(b) proceedings are commenced against a person named as the alleged principal offender in such a statutory declaration,

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.

74—Additional penalty

(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—

(a) not more than $1 000 for each animal of an endangered species involved in the commission of the offence; and

(b) not more than $750 for each animal of a vulnerable species involved in the commission of the offence; and

(c) not more than $500 for each animal of a rare species involved in the commission of the offence; and

(d) not more than $250 for each animal (not being an animal referred to in paragraph (a), (b) or (c)) involved in the commission of the offence.

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

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.

75—Evidentiary provisions

(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.

75A—Defence

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

(a) acted in a manner authorised by or under the Native Vegetation Act 1991; or

(b) acted in compliance with a requirement of the Natural Resources Management Act 2004; or

(c) acted in compliance with a requirement of any other Act.

77—Powers of court

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

(a) that any permit of the convicted person be cancelled; and

(b) that the convicted person be disqualified for such period as the court may specify from holding and obtaining a permit under this Act.

78—Financial provision

(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.

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

(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.

80—Regulations

(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—

(a) confer powers, authorities, duties and obligations upon the Minister, the Chief Executive, or the Director, or any officers appointed under this Act, that may be necessary or expedient for the administration or enforcement of this Act; and

(b) regulate the use and enjoyment of reserves; and

(c) provide for the safety of persons in reserves; and

(d) establish standards of conduct to which those who may resort to a reserve must conform while on the reserve; and

(e) provide for the removal of trespassers from reserves; and

(f) restrict or prohibit access to reserves or any portions of reserves; and

(g) provide for the preservation and protection of natural features of reserves; and

(h) provide for the protection, conservation and management of animals and plants in reserves; and

(i) regulate, restrict or prohibit the taking of animals and plants into reserves or the removal of animals and plants from reserves; and

(ia) regulate, restrict or prohibit the removal of wood, mulch or other dead vegetation from reserves; and

(j) provide for the impounding, removal, destruction, or disposal of animals found straying upon reserves; and

(k) regulate, restrict or prohibit the taking of firearms or other devices into, or the use of firearms or other devices in, a reserve or sanctuary; and

(l) provide for the collection of scientific specimens and the pursuit of research in reserves; and

(m) reserve the whole or any portion of a reserve for a separate or exclusive use prescribed by the regulations; and

(n) restrict or prohibit access to a reserve or any portion of a reserve by any person or class of persons; and

(o) regulate, restrict or prohibit the use of roads or tracks in reserves; and

(p) regulate, restrict or prohibit the use of motor vehicles or other vehicles in reserves; and

(pa) empower the Director to fix one or more speed limits for vehicles driven within a reserve or any part of a reserve; and

(q) provide for the impounding, removal or disposal of any vehicle or property found in a reserve in contravention of a regulation; and

(r) prescribe fees or other charges relating to the administration of this Act; and

(ra) provide for the recovery of fees or charges imposed by or under this Act; and

(s) regulate, restrict or prohibit the parking of vehicles in a reserve; and

(t) regulate, restrict or prohibit camping within a reserve; and

(u) regulate, restrict or prohibit the erection of buildings, signs or other structures in reserves; and

(v) provide for the protection and preservation of buildings, structures, signs and other improvements in reserves; and

(w) exempt, conditionally or unconditionally, Aboriginal persons generally, or Aboriginal persons of a specified class, from all or any of the provisions of this Act in such portions of the State as may be specified in the regulations; and

(wa) regulate the taking, keeping or selling of—

(i) protected animals or other animals indigenous to Australia; or

(ii) the eggs or carcasses of protected animals or other animals indigenous to Australia,

(including pursuant to permits granted by the Minister under this Act); and

(x) make any other provision that may in the opinion of the Governor conduce to the preservation or conservation of wildlife; and

(y) prescribe penalties, recoverable summarily, for breach of, or non-compliance with, any regulation; and

(z) fix expiation fees for alleged offences against the regulations.

(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.

81—Codes of practice etc

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—

(a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and

(b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a copy of a document apparently certified by or on behalf of the Minister to be a true copy of the code, standard or other document.

Schedule 3—National parks

The following areas are hereby constituted National Parks:

Lincoln National Park

Hundred Flinders, Section 2, 3, 5, 6, 12–14

Smith Island, Hopkins Island, Lewis Island, Little Island, Owen Island, Albatross Island, Liguanea Island, Rabbit Island (being Section 395, North out of Hundreds)

Curta Rocks

Hundred Flinders, Section 4

Flinders Ranges National Park

Hundred Edeowie, Section 148

Hundred Bunyeroo, Section 177

Hundred Parachilna, Section 61

North out of Hundreds, Section 473

North out of Hundreds, Section 333

North out of Hundreds, Section 106

Gammon Ranges National Park

North out of Hundreds, Section 464

North out of Hundreds, Section 35

Innes National Park

Hundred Warrenben, Section 99–102

Islands of Pondalowie Bay (excluding South Island, being Section 88, Hundred Warrenben)

Coorong National Park

Hundred Glyde, Section 17, 60

Hundred Santo, Section 6

Hundred Glyde, Section 59

Hundred Santo, Section 43

Hundred Santo, Section 52

Canunda National Park

Hundred Rivoli Bay, Section 377, 378, 379, 396

Hundred Mayurra, Section 157

Hundred Benara, Section 386

Flinders Chase National Park

Hundred Border, Section 11

Hundred Gosse, Section 64

Hundred McDonald, Section 17

South out of Hundreds, Section 66

Casuarina Islets (The Brothers)

Mount Remarkable National Park

Hundred Winninowie, Section 176

Hundred Wongyarra, Section 471

Hundred Wongyarra, Section 474, 489

Hundred Wongyarra, Section 488

Hundred Baroota, Section 218

Hundred Baroota, Section 216, 217

Hundred Baroota, Section 180, 210, 219

Schedule 4—Conservation parks

The following areas are hereby constituted Conservation Parks:

Nixon-Skinner Conservation Park

Hundred Myponga, Section 245

Ferries-McDonald Conservation Park

Hundred Freeling, Section 266–268, 103, 271, 272, 238, 241, 242, 245, 246

Fairview Conservation Park

Hundred Woolumbool, Section 93, 98

Waitpinga Conservation Park

Hundred Waitpinga, Section 355

Eric Bonython Conservation Park

Hundred Waitpinga, Section 356, 357

Spring Gully Conservation Park

Hundred Clare, Section 568, 572

Hundred Clare, Section 365

Hincks Conservation Park

Hundred Hincks, Section 2

Hundred Murlong, Section 25

Hundred Nicholls, Section 11

Hundred Nicholls, Section 12

North out of Hundreds, Section 365

Peebinga Conservation Park

Hundred Peebinga, Section 21, 22, 31, 19, 30

Hambidge Conservation Park

Hundred Hambidge, Section 7

North out of Hundreds, Section 364

Kellidie Bay Conservation Park

Hundred Lake Wangary, Section 1–13, 21, 273–277, 295

Mount Rescue Conservation Park

Hundred Archibald, Section 7, 8, 9, 10

Hundred Makin, Section 3, 4

Billiatt Conservation Park

Hundred Auld, Section 26

Hundred Billiatt, Section 15, 18

Cleland Conservation Park

Hundred Adelaide, Section 608

Hundred Adelaide, Section 637

Hundred Adelaide, Section 500

Hundred Onkaparinga, Section 424

Hundred Adelaide, Section 920

Horsnell Gully Conservation Park

Hundred Adelaide, Section 609, 618

The Knoll Conservation Park

Hundred Adelaide, Section 612

Penguin Island Conservation Park

Hundred Rivoli Bay, Section 374

South out of Hundreds, Un-numbered Section (Penguin Island)

Mundoora Conservation Park Hundred Mundoora, Section 439–441

Hundred Mundoora, Section 442

Torrens Island Conservation Park

Hundred Port Adelaide, Section 467

Messent Conservation Park

Hundred Messent, Section 1

Hundred Colebatch, Section 1

Hale Conservation Park

Hundred Barossa, Section 119, 124, 125, 135, 138, 315

Big Heath Conservation Park

Hundred Spence, Section 17–20, 169

Sandy Creek Conservation Park

Hundred Barossa, Section 72

Hundred Barossa, Section 317, 319

Spring Mount Conservation Park

Hundred Encounter Bay, Section 633, 715

Warren Conservation Park

Hundred Barossa, Section 321

Hundred Para Wirra, Section 118, 387, 388

Calectasia Conservation Park

Hundred Short, Section 157

Desert Camp Conservation Park

Hundred Marcollat, Section 87

Hundred Marcollat, Section 105

Guichen Bay Conservation Park

Hundred Waterhouse, Section 360, 361

Jip Jip Conservation Park

Hundred Peacock, Section 86

Mount Magnificent Conservation Park

Hundred Kuitpo, Section 293

Morialta Conservation Park

Hundred Adelaide, Section 833

Hundred Adelaide, Section 834

Elliot Price Conservation Park

North out of Hundreds, Section 49

Mount Boothby Conservation Park

Hundred Colebatch, Section 3

Simpson Desert Conservation Park

North out of Hundreds, Section 48

Ridley Conservation Park

Hundred Ridley, Section 479, 480, 483

Hundred Fisher, Section 144

Yumbarra Conservation Park

North out of Hundreds, Section 457

Beachport Conservation Park

Hundred Lake George, Section 5, 31, 32, 40, 58

Parndana Conservation Park

Hundred Seddon, Section 58

Warrenben Conservation Park

Hundred Warrenben, Section 97

Hundred Warrenben, Section 44, 45, 54

Wittelbee Conservation Park

Hundred Bonython, Section 101

Scott Conservation Park

Hundred Goolwa, Section 218, 347

White's Dam Conservation Park

Hundred Lindley, Section 202

Hundred Lindley, Section 197, 199, 201

Hundred Maude, Section 252

Carcuma Conservation Park

Hundred Carcuma, Section 23

Karte Conservation Park

Hundred Kingsford, Section 3, 4

Piccaninnie Ponds Conservation Park

Hundred Caroline, Section 598, 692

Sleaford Mere Conservation Park

Hundred Sleaford, Section 36

Unnamed Conservation Park

Hundred Messent, Section 14

Hundred Santo, Section 19

Cox's Scrub Conservation Park

Hundred Kondoparinga, Section 1972, 1979–1985

Dudley Conservation Park

Hundred Dudley, Section 294–296, 302, 303

Unnamed Conservation Park

North out of Hundreds, Section 50

Pooginook Conservation Park

Hundred Pooginook, Section 7, 8, 14

Swan Reach Conservation Park

Hundred Fisher, Section 38, 39, 55, 56, 59, 60

Mount Taylor Conservation Park

Hundred Newland, Section 102

Bascombe Well Conservation Park

Hundred Kappawanta, Section 2

Hundred Barwell, Section 29

Hundred Blesing, Section 11

Hundred Cowan, Section 39, 65

Scorpion Springs Conservation Park

Hundred Fisk, Section 16

Hundred Quirke, Section 9, 10

South out of Hundreds, Section 65

Gum Lagoon Conservation Park

Hundred Wells, Section 9, 30

Hundred Petherick, Section 8, 37

Telowie Gorge Conservation Park

Hundred Telowie, Section 439, 491

Penola Conservation Park

Hundred Monbulla, Section 255, 256

Clinton Conservation Park

Hundred Clinton, Section 568

Glen Roy Conservation Park

Hundred Comaum, Section 276, 279, 479

Pinkawillinie Conservation Park

Hundred Pinkawillinie, Section 114

Hundred Panitya, Section 29

Gower Conservation Park

Hundred Hindmarsh, Section 517

Cape Torrens Conservation Park

Hundred Borda, Section 10

Cape Hart Conservation Park

Hundred Dudley, Section 377, 384

Cape Gantheaume Conservation Park

Hundred Haines, Section 258, 275–279, 284

Hundred MacGillivray, Section 66, 67

Hundred Seddon, Section 52 plus Pelorus Island (s.e. from Vivonne Bay)

Western River Conservation Park

Hundred Gosse, Section 8, 47

Vivonne Bay Conservation Park

Hundred Newland, Section 7, 8, 106

Kelly Hill Conservation Park

Hundred Ritchie, Section 5

Hundred Ritchie, Section 9 and 10

Seddon Conservation Park

Hundred Seddon, Section 67

Port Gawler Conservation Park

Hundred Port Gawler, Section 616

Hundred Port Adelaide, Section 483

Kelvin Powrie Conservation Park

Hundred Archibald, Section 34

Hundred Stirling, Section 475

Padthaway Conservation Park

Hundred Parsons, Section 136

Cudlee Creek Conservation Park

Hundred Talunga, Section 57

Montacute Conservation Park

Hundred Onkaparinga, Section 473, 523, 524, 5586, 5587, 5589, 5590

Lowan Conservation Park

Hundred Bowhill, Section 71

Deep Creek Conservation Park

Hundred Waitpinga, Section 130, 216, 217, 365

Lake Gilles Conservation Park

Hundred O'Connor, Section 1–14, 16–20, 43

North out of Hundreds, Pastoral Block 958, Section 316

Whyalla Conservation Park

Hundred Cultana, Section 14

Mount Shaugh Conservation Park

Hundred Shaugh, Section 5

Black Hill Conservation Park

Hundred Adelaide, Section 669, 670, 671

Hundred Onkaparinga, Section 526

Dingley Dell Conservation Park

Hundred MacDonnell, Part Section 138, C.T. Vol. 1231, Fol. 123

Fort Glanville Conservation Park

Hundred Port Adelaide, Part Section 415, C.T. Vol. 1987, Fol. 104

Naracoorte Caves Conservation Park

Hundred Jessie, Section 466

Hundred Joanna, Section 392, 395, 396, 398, 397

Tantanoola Caves Conservation Park

Hundred Hindmarsh, Section 213

Tumby Island Conservation Park

North out of Hundreds, Section 682

Kapunda Island Conservation Park

Hundred Bookpurnong (Kapunda Island) in River Murray

Media Island Conservation Park

Hundred Gordon (Media Island) in River Murray

Rilli Island Conservation Park

Hundred Gordon (Rilli Island) in River Murray

Seal Bay Conservation Park

That portion of Hundred of Seddon, bounded as follows: Commencing at S.W. corner of Section 2, Hundred Seddon, thence generally E. along S. boundary of latter section and across road to S.W. corner of Section 52; generally S.E. along S.W. boundary of latter Section to its intersection with E. boundary of said Hundred; S. along portion of latter boundary to L.W.M.; generally N.W. and W. along portion of said L.W.M. to its intersection with production S.E. of S.W. boundary of Section 2, Hundred Seddon; thence N.W. along said production to point of commencement

Nobby Island

Eba Island Conservation Park

In Streaky Bay, adjacent to Hundred Scott, out of Hundreds

West Island Conservation Park

Hundred Waitpinga, Section 360

Nuyt's Archipelago Conservation Park

Eyre Island

Franklin Islands, Goat Island, Lacey Island, Lound Island, Purdie Island

Isles of St. Francis Conservation Park

Freeling Island, Smooth Island

St. Francis Island (excluding Section 220, North out of Hundreds) Dog Island, Egg Island, Fenelong Island, Masillon Island, West Island, Hart Island

Investigator Group Conservation Park

Topgallant Island, Ward Island, Pearson Island (excluding Section 12 and 13, North out of Hundreds)

Gambier Islands Conservation Park

Three islets S. and W. from Wedge Island

North Island

Sir Joseph Banks Group Conservation Park

Blyth Island, Boucaut Island, Duffield Island, English Island, Sibsey Island

Whidbey Isles Conservation Park

Four Hummocks Islands (excluding Southern-most Island)

Perforated Island, Price Island

Unnamed Island south from Pt. Avoid

Beatrice Islet Conservation Park

Beatrice Islet, N.N.E. from Kingscote

Busby Islet Conservation Park

Busby Islet, N.N.E. from Kingscote

The Pages Conservation Park

The Pages Islands, S.E. from Cape Jervis

Pullen Island Conservation Park

Pullen Island, adjacent Port Elliot

Neptune Islands Conservation Park

North and South Neptunes (excluding southern-most Island of South Neptunes)

Althorpe Islands Conservation Park

Althorpe Islands (excluding Section 13 and 61, South out of Hundreds)

Lipson Island Conservation Park

Lipson Island (N.E. from Tumby Bay)

Olive Island Conservation Park

Olive Island (N.W. from Streaky Bay)

Rocky Island (north) Conservation Park

Rocky Island (N. from Coffin Bay)

Rocky Island (south) Conservation Park

Rocky Island (W. from Four Hummocks)

Sinclair Island Conservation Park

Sinclair Island (E.S.E. from Fowlers Bay)

Cap Island Conservation Park

Cap Island (N.W. from Mount Hope)

Baird Bay Islands Conservation Park

Hundred Wrenfordsley, Section 181, island in Baird Bay

Jones Island

Nuyt's Reef Conservation Park

Hundred Wookata, Nuyt's Reefs south of Cape Adieu

Greenly Island Conservation Park

Hundred Lake Wangary, Greenly Island, 20 miles W.S.W. from Port Whidbey

Mount Dutton Bay Conservation Park

All Islands in Mount Dutton Bay

The Brothers, Goat Island and Rabbit Island

Waldegrave Islands Conservation Park

Waldegrave Island and small island west of Waldegrave Island adjacent to Hundred Ward

Pelican Lagoon Conservation Park

Hundred Dudley, Section 475, 476, 477, 478 and 479

Pigface Island Conservation Park

Pigface Island, Hundred Scott, adjacent to Section 54

Avoid Bay Islands Conservation Park

Black Rocks adjacent Coffin Bay Peninsula and small unnamed islands, S.E. from Section 107 and 108, Hundred Lake Wangary

Bird Islands Conservation Park

Bird Islands, S.W. from Wallaroo, Hundred of Wallaroo

Salt Lagoon Islands Conservation Park

Islands E. of Section 78 and 80, Hundred Baker and waters within 5 chains

Maize Island Lagoon Conservation Park

Section 365, 427, Waikerie Irrigation Area, Holder Division, Hundred Holder

Baudin Rocks Conservation Park

Godfrey Islands, north of town of Robe and west from Hundred Waterhouse

Myponga Conservation Park

Hundred Myponga, Section 269 and 270

Belt Hill Conservation Park

Hundred Rivoli Bay, Section 339

Carribie Conservation Park

Hundred Carribie, Section 153

Goose Island Conservation Park

Goose Island and White Rocks Island N.W. of Wardang Island and N.W. from Port Victoria

Kyeema Conservation Park

Hundred Kuitpo, Section 92, 522, 688, 850 and 302

Hacks Lagoon Conservation Park

Hundred Robertson, Section 249

Schedule 5—Game reserves

The following areas are hereby constituted Game Reserves:

Katarapko Game Reserve

Hundred Katarapko, Cobdogla Irrigation Area, Weigall Division, Section 73, 74

Bool Lagoon Game Reserve

Hundred Robertson, Section 223, 224, Section 356

Coorong Game Reserve

Hundred Santo, that portion of the Coorong situate between a straight line joining Jacks Point to the N.E. corner of Section 5 and a straight line, being the production of the S.E. boundary of Section 5 to the Eastern boundary of the Coorong

Teal Island, North Pelican Island, Halfway Island, Pelican Island and Mellor Island

Hundred Santo, Section 1, 5, 36 and 37, and 150 link reserve adjacent to Section 5 and 13, Pelican Reef, South Reef, Seagull Island, Snipe Island and Wild Dog Island

Hundred Santo, Section 31, 40, 44–48, 50 and 51

Mud Islands Game Reserve

Hundred Baker, Section 642–644, 646–652

Tolderol Game Reserve

Hundred Freeling, Section 349 and 150 link reserve adjacent to section 349

Bucks Lake Game Reserve

Hundred Kongorong, Section 618

Schedule 6—Recreation parks

The following areas are hereby constituted Recreation Parks:

Belair Recreation Park

Hundred Adelaide, Section 675

Para Wirra Recreation Park

Hundred Barossa, Section 311

Hundred Barossa, Section 183–185, 217, 181, 237, 238 and 299

Hundred Para Wirra, Section 423

Hundred Para Wirra, Section 428

Hundred Para Wirra, Section 429

Glossop Recreation Park

Berri Irrigation Area, Section 1444

Totness Recreation Park

Hundred Macclesfield, Section 124

Caratoola Recreation Park

Hundred Haslam, Section 53

Brownhill Creek Recreation Park

Hundred Adelaide, Section 676

Coulthard Recreation Park

Hundred Moorooroo, Part Section 161, C.T. 2362/58

The Elbow Recreation Park

Hundred Adelaide, Part Section 1285, C.T. 1655/79

Ferguson Recreation Park

Hundred Adelaide, Part Section 289, C.T. 367/196, C.T. 2051/195

Greenhill Recreation Park

Hundred Adelaide, Section 578

Kingston Park

Recreation Park Hundred Noarlunga, Section 1540, 1541

Lenswood Recreation Park

Hundred Onkaparinga, Part Section 5148, C.T. 2126/186

Loftia Recreation Park

Hundred Noarlunga, Part Section 421 and 422, C.T. 3635/150

Windy Point Recreation Park

Hundred Adelaide, Section 597

Shepherds Hill Recreation Park

Hundred Adelaide, Part Section 14 and Part Section 35, C.T. 2396/141

Hundred Adelaide, Part Section 15, C.T. 3481/181

Hundred Adelaide, Part Section 36, C.T. 2201/97

Schedule 7—Endangered species

Part 1—Animals

Common name

Species

Mammals

 
 

ACROBATIDAE

Feathertail Glider

Acrobates pygmaeus

   
 

BALAENOPTERIDAE

Blue Whale

Balaenoptera musculus

   
 

DASYURIDAE

Agile Antechinus

Antechinus agilis

Swamp Antechinus

Antechinus minimus

Mulgara

Dasycercus cristicauda cristicauda

Western Quoll

Dasyurus geoffroii

Spotted-tailed Quoll

Dasyurus maculatus

Eastern Quoll

Dasyurus viverrinus

Red-tailed Phascogale

Phascogale calura

Brush-tailed Phascogale

Phascogale tapoatafa

Kangaroo Island Dunnart

Sminthopsis aitkeni

   
 

MACROPODIDAE

Rufous Hare-wallaby

Lagorchestes hirsutus

Eastern Hare-wallaby

Lagorchestes leporides

Tammar Wallaby (mainland South Australia subspecies)

Macropus eugenii eugenii

Toolache Wallaby

Macropus greyi

Crescent Nailtail Wallaby

Onychogalea lunata

Black-footed Rock-wallaby (MacDonnell Ranges race)

Petrogale lateralis (MacDonnell Ranges race)

Tasmanian Pademelon

Thylogale billardierii

   
 

MEGADERMATIDAE

Ghost Bat

Macroderma gigas

   
 

MURIDAE

White-footed Tree-rat

Conilurus albipes

Lesser Stick-nest Rat

Leporillus apicalis

Short-tailed Hopping-mouse

Notomys amplus

Long-tailed Hopping-mouse

Notomys longicaudatus

Shark Bay Mouse

Pseudomys fieldi

Gould's Mouse

Pseudomys gouldii

Heath Rat

Pseudomys shortridgei

Pale Field-rat

Rattus tunneyi

   
 

MYRMECOBIIDAE

Numbat

Myrmecobius fasciatus

   
 

ORNITHORHYNCHIDAE

Platypus

Ornithorhynchus anatinus

   
 

OTARIIDAE

Subantarctic Fur-seal

Arctocephalus tropicalis

   
 

PERAMELIDAE

Pig-footed Bandicoot

Chaeropus ecaudatus

Golden Bandicoot

Isoodon auratus

Lesser Bilby

Macrotis leucura

Western Barred Bandicoot

Perameles bougainville

Desert Bandicoot

Perameles eremiana

Eastern Barred Bandicoot

Perameles gunnii

   
 

PETAURIDAE

Yellow-bellied Glider

Petaurus australis

Squirrel Glider

Petaurus norfolcensis

   
 

POTORIDAE

Burrowing Bettong

Bettongia lesueur

Brush-tailed Bettong (eastern subspecies)

Bettongia penicillata penicillata

Desert Rat-kangaroo

Caloprymnus campestris

Long-nosed Potoroo

Potorous tridactylus

   
 

VESPERTILIONIDAE

Little Pied Bat

Chalinolobus picatus

Eastern Falsistrelle

Falsistrellus tasmaniensis

Large Bent-wing Bat (southern subspecies)

Miniopterus schreibersii bassanii

Southern Myotis

Myotis macropus

Gould's Long-eared Bat

Nyctophilus gouldi

   

Birds

 
 

ACANTHIZIDAE

Chestnut-rumped Heathwren (Mount Lofty Ranges subspecies)

Calamanthus pyrrhopygius parkeri

   
 

ACCIPITRIDAE

Grey Goshawk

Accipiter novaehollandiae

White-bellied Sea-Eagle

Haliaeetus leucogaster

Square-tailed Kite

Lophoictinia isura

Osprey

Pandion haliaetus

   
 

ALCEDINIDAE

Azure Kingfisher

Alcedo azurea

   
 

ANSERANATIDAE

Magpie Goose

Anseranas semipalmata

   
 

ARDEIDAE

Little Bittern

Ixobrychus minutus

   
 

ARTAMIDAE

Pied Currawong (south east subspecies)

Strepera graculina ashbyi

Grey Currawong (north western subspecies)

Strepera versicolor plumbea

   
 

CACATUIDAE

Red-tailed Black-Cockatoo (south east subspecies)

Calyptorhynchus banksii graptogyne

Glossy Black-Cockatoo (Kangaroo Island subspecies)

Calyptorhynchus lathami halmaturinus

   
 

CASUARIIDAE

Kangaroo Island Emu

Dromaius baudinianus

   
 

DICRURIDAE

Satin Flycatcher

Myiagra cyanoleuca

   
 

DIOMEDEIDAE

Yellow-nosed Albatross (Indian Ocean subspecies)

Diomedea chlororhynchos carteri

Yellow-nosed Albatross (Atlantic Ocean subspecies)

Diomedea chlororhynchos chlororhynchos

Royal Albatross (northern subspecies)

Diomedea epomophora sanfordi

Sooty Albatross

Diomedea fusca

   
 

EUPETIDAE

Spotted Quail-thrush (Mount Lofty Ranges subspecies)

Cinclosoma punctatum anachoreta

Spotted Quail-thrush (south east subspecies)

Cinclosoma punctatum punctatum

Western Whipbird (eastern subspecies)

Psophodes nigrogularis leucogaster

   
 

LARIDAE

Little Tern

Sterna albifrons

Fairy Tern

Sterna nereis

   
 

MALURIDAE

Southern Emu-wren (Mount Lofty Ranges subspecies)

Stipiturus malachurus intermedius

Southern Emu-wren (Eyre Peninsula subspecies)

Stipiturus malachurus parimeda

Mallee Emu-wren

Stipiturus mallee

   
 

MELIPHAGIDAE

Yellow Chat

Epthianura crocea

Yellow-throated Miner (Black-eared subspecies)

Manorina flavigula melanotis

Regent Honeyeater

Xanthomyza phrygia

   
 

PACHYCEPHALIDAE

Olive Whistler (westernmost subspecies)

Pachycephala olivacea hesperus

   
 

PEDIONOMIDAE

Plains-wanderer

Pedionomus torquatus

   
 

PHASIANIDAE

King Quail

Coturnix chinensis

   
 

POMATOSTOMIDAE

Grey-crowned Babbler (south east subspecies)

Pomatostomus temporalis temporalis

   
 

PSITTACIDAE

Little Lorikeet

Glossopsitta pusilla

Swift Parrot

Lathamus discolor

Orange-bellied Parrot

Neophema chrysogaster

Night Parrot

Pezoporus occidentalis

Ground Parrot

Pezoporus wallicus

   
 

PTILONORHYNCHIDAE

Spotted Bowerbird

Chlamydera maculata

   
 

STRIGIDAE

Powerful Owl

Ninox strenua

   
 

SYLVIIDAE

Spinifexbird

Eremiornis carteri

   
 

TYTONIDAE

Masked Owl

Tyto novaehollandiae

   

Reptiles

 
 

CHELONIIDAE

Loggerhead Turtle

Caretta caretta

   
 

GEKKONIDAE

Mallee Worm-lizard

Aprasia aurita

Striped Snake-lizard

Delma impar

   
 

SCINCIDAE

Swamp Skink

Egernia coventryi

Cunningham's Skink

Egernia cunninghami

Tjakura

Egernia kintorei

Black-striped Desert Skink

Egernia slateri

Salamander Skink

Nannoscincus maccoyi

Pygmy Bluetongue

Tiliqua adelaidensis

   

Part 2—Plants

Common Name

Species

 

ACANTHACEAE

 

Xerothamnella parvifolia

   
 

AMARANTHACEAE

lamb's tails

Ptilotus exaltatus var. semilanatus

   
 

ASPLENIACEAE

mother spleenwort

Asplenium bulbiferum ssp. gracillimum

   
 

BLECHNACEAE

lance water-fern

Blechnum chambersii

small rasp-fern

Doodia caudata

   
 

CARYOPHYLLACEAE

tufted knawel

Scleranthus diander

   
 

CASUARINACEAE

Mount Compass oak-bush

Allocasuarina robusta

   
 

CHENOPODIACEAE

coral saltbush

Atriplex papillata

black cotton-bush

Maireana decalvans

five-wing bonefruit

Osteocarpum pentapterum

   
 

COMPOSITAE

spiny everlasting

Acanthocladium dockeri

field daisy

Brachyscome decipiens

tall daisy

Brachyscome diversifolia

Corunna daisy

Brachyscome muelleri

milky beauty-heads

Calocephalus lacteus

 

Cassinia rugata

 

Cassinia tegulata

pale everlasting

Helichrysum rutidolepis

sand ixodia

Ixodia achillaeoides ssp. arenicola

moth daisy-bush

Olearia erubescens

sticky daisy-bush

Olearia glutinosa

small-flower daisy-bush

Olearia microdisca

clustered daisy-bush

Olearia suffruticosa

 

Pycnosorus chrysanthes

chamomile everlasting

Rhodanthe anthemoides

Behr's groundsel

Senecio behrianus

 

Senecio helichrysoides

superb groundsel

Senecio megaglossus

   
 

CRASSULACEAE

Sieber's crassula

Crassula sieberiana

   
   
 

CRUCIFERAE

winged peppercress

Lepidium monoplocoides

erect peppercress

Lepidium pseudopapillosum

   
 

CYPERACEAE

bristle-rush

Chorizandra australis

leafy flat-sedge

Cyperus lucidus

button grass

Gymnoschoenus sphaerocephalus

needle bog-rush

Tricostularia pauciflora

   
 

DENNSTAEDTIACEAE

lacy ground-fern

Dennstaedtia davallioides

bat's-wing fern

Histiopteris incisa

   
 

DICKSONIACEAE

soft tree-fern

Dicksonia antarctica

   
 

DILLENIACEAE

 

Hibbertia sessiliflora

 

Hibbertia tenuis

   
 

DRYOPTERIDACEAE

shiny shield-fern

Lastreopsis acuminata

mother shield-fern

Polystichum proliferum

   
 

ERIOCAULACEAE

salt pipewort

Eriocaulon carsonii

   
 

EUPHORBIACEAE

Kangaroo Island turpentine bush

Beyeria subtecta

   
 

GENTIANACEAE

Cleland's gentian

Gentianella clelandii

   
 

GOODENIACEAE

Aldinga dampiera

Dampiera lanceolata var. intermedia

lanky goodenia

Goodenia elongata

creeping fanflower

Scaevola hookeri

   
 

GRAMINEAE

fine-head spear-grass

Austrostipa oligostachya

lake millet

Echinochloa lacunaria

Spalding blown-grass

Lachnagrostis limitanea

   
 

GYROSTEMONACEAE

slender bell-fruit

Codonocarpus pyramidalis

   
 

HALORAGACEAE

prickly raspwort

Haloragis eyreana

clustered milfoil

Myriophyllum glomeratum

   
 

JUNCACEAE

 

Juncus prismatocarpus

   
 

LABIATAE

Monarto mintbush

Prostanthera eurybioides

 

Teucrium grandiusculum ssp. pilosum

   
 

LEGUMINOSAE

spidery wattle

Acacia araneosa

chalky wattle

Acacia cretacea

jumping-jack wattle

Acacia enterocarpa

broom wattle

Acacia genistifolia

hairy-pod wattle

Acacia glandulicarpa

fat-leaf wattle

Acacia pinguifolia

senna wattle

Acacia praemorsa

Spiller's wattle

Acacia spilleriana

three-nerve wattle

Acacia trineura

Whibley's wattle

Acacia whibleyana

mountain scurf-pea

Cullen microcephalum

disjunct bitter-pea

Daviesia sejugata

grey parrot-pea

Dillwynia cinerascens

silky swainson-pea

Swainsona sericea

   
 

LILIACEAE

swamp flax-lily

Dianella callicarpa

late-flowered flax-lily

Dianella tarda

many-flower mat-rush

Lomandra multiflora ssp. multiflora

 

Thysanotus nudicaulis

lagoon Nancy

Wurmbea dioica ssp. lacunaria

 

Wurmbea sinora

one-flower Nancy

Wurmbea uniflora

pygmy yacca

Xanthorrhoea minor ssp. lutea

   
 

LYCOPODIACEAE

bog clubmoss

Lycopodiella serpentina

bushy clubmoss

Lycopodium deuterodensum

   
 

MYRTACEAE

Mount Compass swamp gum

Eucalyptus paludicola

western swamp-paperbark

Melaleuca cuticularis

   
 

NAJADACEAE

water nymph

Najas tenuifolia

   
 

OPHIOGLOSSACEAE

austral moonwort

Botrychium australe

   
 

ORCHIDACEAE

white beauty spider-orchid

Caladenia argocalla

Audas' spider-orchid

Caladenia audasii

pink-lip spider-orchid

Caladenia behrii

limestone spider-orchid

Caladenia calcicola

plain-lip spider-orchid

Caladenia clavigera

coloured spider-orchid

Caladenia colorata

crimson spider-orchid

Caladenia concolor

coast spider-orchid

Caladenia conferta

green-comb spider-orchid

Caladenia dilatata

 

Caladenia fulva

bayonet spider-orchid

Caladenia gladiolata

musky caladenia

Caladenia gracilis

large-club spider-orchid

Caladenia macroclavia

 

Caladenia ornata

Kangaroo Island spider-orchid

Caladenia ovata

small green-comb spider-orchid

Caladenia parva

Little Dip spider-orchid

Caladenia richardsiorum

stiff white spider-orchid

Caladenia rigida

Bordertown spider-orchid

Caladenia sp. Bordertown (R.S.Rogers 788)

 

Caladenia sp. Brentwood (R.J.Bates 53510)

Finniss spider-orchid

Caladenia sp. Finniss (R.Bates 308)

 

Caladenia sp. Monarto South (H.Goldsack 163 AD97708605A)

robust spider-orchid

Caladenia valida

Grampians spider-orchid

Caladenia versicolor

Woolcock's spider-orchid

Caladenia woolcockiorum

yellow-lip spider-orchid

Caladenia xanthochila

Flinders Ranges white caladenia

Caladenia xantholeuca

copper beard-orchid

Calochilus cupreus

green bird-orchid

Chiloglottis cornuta

dainty bird-orchid

Chiloglottis trapeziformis

toothed helmet-orchid

Corybas dentatus

swamp helmet-orchid

Corybas fordhamii

 

Dipodium punctatum

short-leaf donkey-orchid

Diuris brevifolia

 

Diuris chryseopsis

purple donkey-orchid

Diuris punctata var. punctata

 

Eriochilus sp. Swamp (D.E.Murfet 1950b)

swamp midge-orchid

Genoplesium ciliatum

bearded midge-orchid

Genoplesium morrisii

 

Microtis eremaea

black-beak duck-orchid

Paracaleana disjuncta

maroon leek-orchid

Prasophyllum frenchii

Goldsack's leek-orchid

Prasophyllum goldsackii

coast leek-orchid

Prasophyllum litorale

 

Prasophyllum murfetii

 

Prasophyllum rotundiflorum

 

Prasophyllum sp. Enigma (R.Bates 2350)

 

Prasophyllum sp. Waterholes (R.Bates 9037)

 

Prasophyllum sp. West Coast (R.Tate AD96945167)

dense leek-orchid

Prasophyllum spicatum

Hindmarsh Valley greenhood

Pterostylis bryophila

 

Pterostylis chlorogramma

trim greenhood

Pterostylis concinna

leafy greenhood

Pterostylis cucullata

 

Pterostylis despectans

 

Pterostylis falcata

 

Pterostylis lingua

large rufous greenhood

Pterostylis maxima

 

Pterostylis melagramma

 

Pterostylis parviflora

bristly greenhood

Pterostylis setifera

Halbury greenhood

Pterostylis sp. Halbury (R.Bates 8425)

 

Pterostylis sp. Rock ledges (pl. 185, Bates & Weber 1990)

 

Pterostylis sp. Sand plain (D.N. Kraehenbuehl 5670)

 

Pterostylis sp. Triloba (pl. 191, Bates & Weber 1990)

marsh greenhood

Pterostylis uliginosa

great sun-orchid

Thelymitra aristata

naked sun-orchid

Thelymitra circumsepta

 

Thelymitra cyanapicata

 

Thelymitra cyanea

metallic sun-orchid

Thelymitra epipactoides

spotted sun-orchid

Thelymitra ixioides

mauve-tufted sun-orchid

Thelymitra malvina

spiral sun-orchid

Thelymitra matthewsii

 

Thelymitra merraniae

   
 

OSMUNDACEAE

king fern

Todea barbara

   
 

PITTOSPORACEAE

 

Billardiera sp. Yorke Peninsula (P.C.Heyligers 80164)

   
 

PROTEACEAE

 

Grevillea angustiloba

   
 

PSILOTACEAE

skeleton fork-fern

Psilotum nudum

   
 

RHAMNACEAE

MacGillivray spyridium

Spyridium eriocephalum var. glabrisepalum

   
 

RUBIACEAE

 

Asperula sp. A (A.B. Cashmore September 1933)

Maori bedstraw

Galium propinquum

matted nertera

Nertera granadensis

   
 

RUTACEAE

De Mole River correa

Correa calycina var. halmaturorum

Kangaroo Island phebalium

Leionema equestre

glandular phebalium

Phebalium glandulosum ssp. glandulosum

scaly phebalium

Phebalium squamulosum ssp. squamulosum

   
 

SANTALACEAE

 

Leptomeria preissiana

   
 

SAPINDACEAE

 

Dodonaea subglandulifera

   
 

SCROPHULARIACEAE

Derwent speedwell

Derwentia derwentiana ssp. derwentiana

Mount Lofty speedwell

Derwentia derwentiana ssp. homalodonta

Mueller's eyebright

Euphrasia collina ssp. muelleri

Osborn's eyebright

Euphrasia collina ssp. osbornii

swamp eyebright

Euphrasia collina ssp. paludosa

 

Euphrasia collina ssp. trichocalycina

rough eyebright

Euphrasia scabra

Port Lincoln speedwell

Veronica parnkalliana

   
 

STERCULIACEAE

 

Commersonia multiloba

   
 

THYMELAEACEAE

tall riceflower

Pimelea ligustrina ssp. ligustrina

   
 

UMBELLIFERAE

Kangaroo Island pennywort

Hydrocotyle diantha

Australian carraway

Oreomyrrhis eriopoda

   
 

VIOLACEAE

showy violet

Viola betonicifolia ssp. betonicifolia

Schedule 8—Vulnerable species

Part 1—Animals

Common name

Species

Mammals

 
 

BALAENIDAE

Southern Right Whale

Eubalaena australis

   
 

BALAENOPTERIDAE

Sei Whale

Balaenoptera borealis

Fin Whale

Balaenoptera physalus

Humpback Whale

Megaptera novaeangliae

   
 

BURRAMYIDAE

Eastern Pygmy-possum

Cercartetus nanus

   
 

DASYURIDAE

Yellow-footed Antechinus

Antechinus flavipes

Kowari

Dasycercus byrnei

Sandhill Dunnart

Sminthopsis psammophila

   
 

MACROPODIDAE

Yellow-footed Rock-wallaby

Petrogale xanthopus

Swamp Wallaby

Wallabia bicolor

   
 

MOLOSSIDAE

Hairy-rostrum Freetail-bat

Mormopterus species 6 ("hairy rostrum")

   
 

MURIDAE

Greater Stick-nest Rat

Leporillus conditor

Fawn Hopping-mouse

Notomys cervinus

Dusky Hopping-mouse

Notomys fuscus

Plains Mouse

Pseudomys australis

   
 

NOTORYCTIDAE

Southern Marsupial Mole (Itjari-itjari)

Notoryctes typhlops

   
 

OTARIIDAE

Australian Sea-lion

Neophoca cinerea

   
 

PERAMELIDAE

Southern Brown Bandicoot (Nuyts Archipelago subspecies)

Isoodon obesulus nauticus

Southern Brown Bandicoot (SA mainland and Kangaroo Island subspecies)

Isoodon obesulus obesulus

Greater Bilby

Macrotis lagotis

   
 

VESPERTILIONIDAE

Greater Long-eared Bat (south eastern form)

Nyctophilus timoriensis (south eastern form)

   

Birds

 
 

ACANTHIZIDAE

Slender-billed Thornbill (St Vincent Gulf subspecies)

Acanthiza iredalei rosinae

Chestnut-rumped Heathwren (Flinders Ranges subspecies)

Calamanthus pyrrhopygius pedleri

Chestnut-rumped Heathwren (south east subspecies)

Calamanthus pyrrhopygius pyrrhopygius

   
 

ANATIDAE

Freckled Duck

Stictonetta naevosa

   
 

ARDEIDAE

Australasian Bittern

Botaurus poiciloptilus

   
 

CACATUIDAE

Yellow-tailed Black-Cockatoo

Calyptorhynchus funereus

   
 

CHARADRIIDAE

Hooded Plover

Thinornis rubricollis

   
 

DIOMEDEIDAE

Buller's Albatross

Diomedea bulleri

Shy Albatross

Diomedea cauta cauta

Salvin's Albatross

Diomedea cauta salvini

Grey-headed Albatross

Diomedea chrysostoma

Royal Albatross (southern subspecies)

Diomedea epomophora epomophora

Wandering Albatross

Diomedea exulans

Black-browed Albatross (Campbell Island subspecies)

Diomedea melanophrys impavida

Light-mantled Sooty Albatross

Diomedea palpebrata

   
 

ESTRILDIDAE

Diamond Firetail

Stagonopleura guttata

   
 

GRUIDAE

Brolga

Grus rubicunda

   
 

LARIDAE

Great Skua (Macquarie and Heard Island subspecies)

Catharacta skua lonnbergi

   
 

MEGAPODIIDAE

Malleefowl

Leipoa ocellata

   
 

MELIPHAGIDAE

Black-chinned Honeyeater (south eastern subspecies)

Melithreptus gularis gularis

   
 

OTIDIDAE

Australian Bustard

Ardeotis australis

   
 

PETROICIDAE

Scarlet Robin (western subspecies)

Petroica multicolor campbelli

Flame Robin

Petroica phoenicea

   
 

PHASIANIDAE

Brown Quail

Coturnix ypsilophora

   
 

PROCELLARIIDAE

Southern Giant-Petrel

Macronectes giganteus

   
 

PSITTACIDAE

Blue-winged Parrot

Neophema chrysostoma

Princess Parrot

Polytelis alexandrae

Regent Parrot (eastern subspecies)

Polytelis anthopeplus monarchoides

   
 

RALLIDAE

Lewin's Rail

Rallus pectoralis

   
 

RECURVIROSTRIDAE

Banded Stilt

Cladorhynchus leucocephalus

   
 

ROSTRATULIDAE

Painted Snipe

Rostratula benghalensis

   
 

SCOLOPACIDAE

Eastern Curlew

Numenius madagascariensis

   

Reptiles

 
 

CHELIDAE

Broad-shelled Tortoise

Chelodina expansa

Macquarie Tortoise

Emydura macquarii

   
 

CHELONIIDAE

Green Turtle

Chelonia mydas

   
 

DERMOCHELYIDAE

Leathery Turtle

Dermochelys coriacea

   
 

ELAPIDAE

Desert Death Adder

Acanthopis pyrrhus

   
 

SCINCIDAE

Yellow-bellied Water Skink

Eulamprus heatwolei

Musgrave Slider

Lerista speciosa

Glossy Grass Skink

Pseudemoia rawlinsoni

   
 

VARANIDAE

Heath Goanna

Varanus rosenbergi

   

Amphibians

 
 

HYLIDAE

Golden Bell Frog

Litoria raniformis

   
 

MYOBATRACHIDAE

Shoemaker Frog

Neobatrachus sutor

Orange-crowned Toadlet

Pseudophryne occidentalis

Marbled Toadlet

Pseudophryne semimarmorata

   

Part 2—Plants

Common name

Species

 

ADIANTACEAE

dainty maiden-hair

Adiantum capillus-veneris

   
 

AIZOACEAE

ridged noon-flower

Sarcozona bicarinata

   
 

AMARANTHACEAE

pigface hemichroa

Hemichroa mesembryanthema

 

Ptilotus aristatus var. eichlerianus

ironstone mulla mulla

Ptilotus beckerianus

 

Ptilotus robynsianus

 

Ptilotus sp. Cordillo Downs (B.Lay 1487)

   
 

BORAGINACEAE

 

Plagiobothrys orthostatus

   
 

CALLITRICHACEAE

 

Callitriche umbonata

   
 

CAMPANULACEAE

showy lobelia

Lobelia beaugleholei

 

Pratia puberula

naked bluebell

Wahlenbergia gymnoclada

   
 

CARYOPHYLLACEAE

coast colobanth

Colobanthus apetalus

   
 

CHENOPODIACEAE

 

Atriplex humifusa

Koch's saltbush

Atriplex kochiana

 

Atriplex morrisii

 

Halosarcia cupuliformis

bead samphire

Halosarcia flabelliformis

bottle fissure-plant

Maireana excavata

slender soft-horns

Malacocera gracilis

 

Sclerolaena fusiformis

Symon's bindyi

Sclerolaena symoniana

   
 

COMPOSITAE

black-fruit daisy

Brachyscome melanocarpa

swamp buttons

Craspedia paludicola

slender bottle-daisy

Lagenophora gracilis

 

Leptorhynchos melanocarpus

desert daisy-bush

Olearia arida

swamp daisy-bush

Olearia glandulosa

silver daisy-bush

Olearia pannosa ssp. pannosa

 

Ozothamnus pholidotus

 

Ozothamnus scaber

silver candles

Pleuropappus phyllocalymmeus

button podolepis

Podolepis muelleri

drumsticks

Pycnosorus globosus

twin-leaf everlasting

Rhodanthe oppositifolia ssp. oppositifolia

large-fruit groundsel

Senecio macrocarpus

 

Senecio psilocarpus

 

Vittadinia australasica var. oricola

   
 

CONVOLVULACEAE

Tasmanian dodder

Cuscuta tasmanica

   
 

CRUCIFERAE

spade-leaf bitter-cress

Cardamine gunnii

shade peppercress

Lepidium pseudotasmanicum

 

Microlepidium alatum

Nullarbor cress

Phlegmatospermum richardsii

   
 

CYPERACEAE

 

Cyperus dactylotes

tuber spike-rush

Eleocharis atricha

nutty club-rush

Isolepis producta

stiff rapier-sedge

Lepidosperma neesii

medusa bog-rush

Schoenus latelaminatus

   
 

DILLENIACEAE

Ooldea guinea-flower

Hibbertia crispula

 

Hibbertia obtusibracteata

   
 

DROSERACEAE

erect sundew

Drosera sp. Rigid (R.J.Bates 2268)

   
 

ELATINACEAE

 

Bergia occultipetala

   
 

EUPHORBIACEAE

 

Sauropus ramosissimus

   
 

FRANKENIACEAE

 

Frankenia plicata

   
 

GENTIANACEAE

mountain gentian

Gentianella gunniana

   
 

GOODENIACEAE

 

Goodenia lineata

leafless lechenaultia

Lechenaultia aphylla

dune fanflower

Scaevola calendulacea

 

Scaevola obovata

   
 

GRAMINEAE

club spear-grass

Austrostipa nullanulla

prickly spear-grass

Austrostipa pilata

small bent-grass

Deyeuxia minor

ruddy bent-grass

Lachnagrostis scabra

fine-leaf tussock-grass

Poa meionectes

 

Polypogon tenellus

hairy rice-grass

Tetrarrhena distichophylla

   
 

HALORAGACEAE

upright milfoil

Myriophyllum crispatum

   
 

JUNCACEAE

 

Juncus amabilis

wiry rush

Juncus homalocaulis

hoary rush

Juncus radula

pale woodrush

Luzula flaccida

   
 

JUNCAGINACEAE

turret arrowgrass

Triglochin turriferum

   
 

LABIATAE

West Coast mintbush

Prostanthera calycina

Mount Illbilie mintbush

Prostanthera nudula

 

Teucrium grandiusculum ssp. grandiusculum

   
 

LEGUMINOSAE

needle wattle

Acacia carneorum

Arkaroola wattle

Acacia confluens

Menzel's wattle

Acacia menzelii

weeping myall

Acacia pendula

resin wattle

Acacia rhetinocarpa

sweet wattle

Acacia suaveolens

sword bossiaea

Bossiaea ensata

small scurf-pea

Cullen parvum

clover glycine

Glycine latrobeana

variable glycine

Glycine tabacina

 

Hovea linearis

 

Pultenaea villifera var. glabrescens

Behr's swainson-pea

Swainsona behriana

 

Swainsona dictyocarpa

 

Swainsona kingii

small-flower swainson-pea

Swainsona minutiflora

Murray swainson-pea

Swainsona murrayana

Broughton pea

Swainsona procumbens

 

Swainsona vestita

creeping Darling pea

Swainsona viridis

leafy templetonia

Templetonia stenophylla

   
 

LENTIBULARIACEAE

Beauglehole's bladderwort

Utricularia beaugleholei

small bladderwort

Utricularia lateriflora

   
 

LILIACEAE

pale vanilla-lily

Arthropodium milleflorum

eastern blue tinsel-lily

Calectasia intermedia

 

Dianella porracea

nodding grass-lily

Stypandra glauca

tufted lily

Thelionema caespitosum

tuber fringe-lily

Thysanotus tuberosus

broad-leaf Nancy

Wurmbea latifolia ssp. latifolia

 

Wurmbea sp. Nilpinna (F.J.Badman 7107)

   
 

LOGANIACEAE

Kangaroo Island logania

Logania insularis

hairy mitrewort

Mitrasacme pilosa var. pilosa

 

Phyllangium sulcatum

   
 

MALVACEAE

Australian mallow

Althaea australis

 

Alyogyne pinoniana var. microandra

   
 

MENYANTHACEAE

entire marshwort

Nymphoides geminata

Beauglehole's marsh-flower

Villarsia umbricola var. beaugleholei

   
 

MYRTACEAE

southern blue gum

Eucalyptus globulus ssp. bicostata

glaucous long-leaf box

Eucalyptus goniocalyx ssp. exposa

snow gum

Eucalyptus pauciflora ssp. pauciflora

Carpenter Rocks manna gum

Eucalyptus splendens ssp. arcana

   
 

ORCHIDACEAE

 

Caladenia bicalliata ssp. cleistogama

winter spider-orchid

Caladenia brumalis

drooping spider-orchid

Caladenia flaccida

elegant spider-orchid

Caladenia formosa

scented spider-orchid

Caladenia fragrantissima ssp. fragrantissima

large white spider-orchid

Caladenia venusta

large duck-orchid

Caleana major

red beard-orchid

Calochilus paludosus

dune helmet-orchid

Corybas expansus

moose orchid

Cryptostylis subulata

bell-flower hyacinth-orchid

Dipodium campanulatum

leopard hyacinth-orchid

Dipodium pardalinum

Behr's cowslip orchid

Diuris behrii

 

Gastrodia vescula

sharp midge-orchid

Genoplesium despectans

swamp onion-orchid

Microtis orbicularis

small duck-orchid

Paracaleana minor

limestone leek-orchid

Prasophyllum calcicola

plum leek-orchid

Prasophyllum pruinosum

Mount Remarkable leek-orchid

Prasophyllum validum

sandhill greenhood

Pterostylis arenicola

 

Pterostylis sp. Eyre Peninsula (R. Bates 19474)

 

Pterostylis sp. Sandheath (D. Murfet 3190)

 

Pterostylis sp. Veined leaf (R.J. Bates 59781)

 

Pterostylis tasmanica

swamp greenhood

Pterostylis tenuissima

desert greenhood

Pterostylis xerophila

blue star sun-orchid

Thelymitra holmesii

 

Thelymitra inflata

 

Thelymitra peniculata

 

Thelymitra sp. Black buds (R.J.Bates 64389)

   
 

PITTOSPORACEAE

twining finger-flower

Cheiranthera volubilis

   
 

PLANTAGINACEAE

 

Plantago multiscapa

   
 

PORTULACACEAE

waterblinks

Montia fontana ssp. chondrosperma

   
 

POTAMOGETONACEAE

thin pondweed

Potamogeton australiensis

   
 

PROTEACEAE

rough spider-flower

Grevillea muricata

scarlet grevillea

Grevillea treueriana

   
 

RANUNCULACEAE

mountain clematis

Clematis aristata

shining buttercup

Ranunculus glabrifolius

large river buttercup

Ranunculus papulentus

smooth-fruit ferny buttercup

Ranunculus pumilio var. politus

annual buttercup

Ranunculus sessiliflorus var. pilulifer

   
 

RESTIONACEAE

 

Baloskion tetraphyllum ssp. tetraphyllum

bundled cord-rush

Desmocladus diacolpicus

flat cord-rush

Eurychorda complanata

   
 

RHAMNACEAE

 

Pomaderris halmaturina ssp. continentis

Kangaroo Island pomaderris

Pomaderris halmaturina ssp. halmaturina

Marble Range spyridium

Spyridium bifidum var. Marble Range (W.R.Barker 7601)

Wanilla spyridium

Spyridium bifidum var. Wanilla (K.Clipstone 88)

butterfly spyridium

Spyridium coactilifolium

cloaked spyridium

Spyridium erymnocladum

rusty spyridium

Spyridium tricolor

   
 

RUBIACEAE

broad-leaf woodruff

Asperula euryphylla var. tetraphylla

   
 

RUTACEAE

downy star-bush

Asterolasia phebalioides

desert lime

Citrus glauca

Hindmarsh correa

Correa calycina var. calycina

Deep Creek correa

Correa eburnea

Lowan phebalium

Phebalium lowanense

small-leaf wax-flower

Philotheca difformis ssp. difformis

Bendigo wax-flower

Philotheca verrucosa

   
 

SANTALACEAE

sandalwood

Santalum spicatum

   
 

SAPINDACEAE

trailing hop-bush

Dodonaea procumbens

   
 

SCHIZAEACEAE

forked comb-fern

Schizaea bifida

narrow comb-fern

Schizaea fistulosa

   
 

SCROPHULARIACEAE

purple eyebright

Euphrasia collina ssp. collina

 

Glossostigma sp. Long stout-pedicelled (W.R.Barker 2481)

granite mudwort

Limosella granitica

swamp mazus

Mazus pumilio

slender speedwell

Veronica gracilis

 

Veronica sp. Narrow-linear leaves (B.G.Briggs 2531)

   
 

SOLANACEAE

 

Nicotiana burbidgeae

   
 

STACKHOUSIACEAE

annual candles

Stackhousia annua

   
 

STERCULIACEAE

 

Rulingia craurophylla

   
 

STYLIDIACEAE

slender stylewort

Levenhookia sonderi

 

Stylidium desertorum

 

Stylidium inaequipetalum

   
 

THYMELAEACEAE

 

Pimelea hewardiana

   
 

UMBELLIFERAE

 

Centella uniflora

blue devil

Eryngium rostratum

   

Schedule 9—Rare species

Part 1—Animals

Common name

Species

Mammals

 
 

BALAENOPTERIDAE

Minke Whale

Balaenoptera acutorostrata

Bryde's Whale

Balaenoptera edeni

   
 

DASYURIDAE

Lesser Hairy-footed Dunnart

Sminthopsis youngsoni

   
 

DELPHINIDAE

Short-finned Pilot Whale

Globicephala macrorhynchus

Risso's Dolphin

Grampus griseus

False Killer Whale

Pseudorca crassidens

   
 

EMBALLONURIDAE

Yellow-bellied Sheathtail Bat

Saccolaimus flaviventris

Hill's Sheathtail Bat

Taphozous hilli

   
 

KOGIIDAE

Pygmy Sperm Whale

Kogia breviceps

Dwarf Sperm Whale

Kogia simas

   
 

MACROPODIDAE

Eastern Grey Kangaroo

Macropus giganteus

Red-necked Wallaby

Macropus rufogriseus

Black-footed Rock Wallaby

Petrogale lateralis pearsoni

   
 

MURIDAE

Swamp Rat

Rattus lutreolus

   
 

NEOBALAENIDAE

Pygmy Right Whale

Caperea marginata

   
 

OTARIIDAE

Australian Fur-seal

Arctocephalus pusillus

   
 

PETAURIDAE

Sugar Glider

Petaurus breviceps

   
 

PHALANGERIDAE

Common Brushtail Possum

Trichosurus vulpecula

   
 

PHOCIDAE

Leopard Seal

Hydrurga leptonyx

Southern Elephant Seal

Mirounga leonina

   
 

PHYSETERIDAE

Sperm Whale

Physeter macrocephalus

   
 

POTORIDAE

Brush-tailed Bettong (western subspecies)

Bettongia penicillata ogilbyi

   
 

PTEROPODIDAE

Grey-headed Flying-fox

Pteropus poliocephalus

Little Red Flying-fox

Pteropus scapulatus

   
 

VOMBATIDAE

Common Wombat

Vombatus ursinus

   
 

ZIPHIIDAE

Arnoux's Beaked Whale

Berardius arnouxi

Southern Bottlenose Whale

Hyperoodon planifrons

Andrew's Beaked Whale

Mesoplodon bowdoini

Gray's Beaked Whale

Mesoplodon grayi

Hector's Beaked Whale

Mesoplodon hectori

Shepherd's Beaked Whale

Tasmacetus shepherdi

Cuvier's Beaked Whale

Ziphius cavirostris

   

Birds

 
 

ACANTHIZIDAE

Slender-billed Thornbill (eastern subspecies)

Acanthiza iredalei hedleyi

Slender-billed Thornbill (western subspecies)

Acanthiza iredalei iredalei

Chestnut-breasted Whiteface

Aphelocephala pectoralis

Shy Heathwren (Shy Hylacola)

Calamanthus cautus

Rufous Bristlebird (south east SA subspecies)

Dasyornis broadbenti broadbenti

Western Gerygone

Gerygone fusca

White-throated Gerygone

Gerygone olivacea

   
 

ACCIPITRIDAE

Letter-winged Kite

Elanus scriptus

Black-breasted Buzzard

Hamirostra melanosternon

   
 

ANATIDAE

Australasian Shoveler

Anas rhynchotis

Musk Duck

Biziura lobata

Cape Barren Goose

Cereopsis novaehollandiae

Blue-billed Duck

Oxyura australis

   
 

ANHINGIDAE

Darter

Anhinga melanogaster

   
 

ARDEIDAE

Cattle Egret

Ardea ibis

Intermediate Egret

Ardea intermedia

Little Egret

Egretta garzetta

Eastern Reef Egret

Egretta sacra

   
 

BURHINIDAE

Bush Stone-curlew

Burhinus grallarius

   
 

CACATUIDAE

Major Mitchell's Cockatoo

Cacatua leadbeateri

   
 

CAMPEPHAGIDAE

White-bellied Cuckoo-shrike

Coracina papuensis

   
 

CHARADRIIDAE

Great Sand Plover

Charadrius leschenaultii

Lesser Sand Plover

Charadrius mongolus

Pacific Golden Plover

Pluvialis fulva

   
 

CLIMACTERIDAE

White-browed Treecreeper

Climacteris affinis

   
 

COLUMBIDAE

Spinifex Pigeon

Geophaps plumifera

Flock Bronzewing

Phaps histrionica

   
 

CORCORACIDAE

White-winged Chough

Corcorax melanorhamphos

   
 

DICRURIDAE

Restless Flycatcher

Myiagra inquieta

   
 

ESTRILDIDAE

Painted Finch

Emblema pictum

Beautiful Firetail

Stagonopleura bella

   
 

EUPETIDAE

Chestnut Quail-thrush (eastern subspecies)

Cinclosoma castanotus castanotus

Western Whipbird (Kangaroo Island subspecies)

Psophodes nigrogularis lashmari

   
 

FALCONIDAE

Grey Falcon

Falco hypoleucos

Peregrine Falcon

Falco peregrinus

   
 

HAEMATOPODIDAE

Sooty Oystercatcher

Haematopus fuliginosus

Pied Oystercatcher

Haematopus longirostris

   
 

LARIDAE

Kelp Gull

Larus dominicanus

Common Tern

Sterna hirundo

   
 

MALURIDAE

Grey Grasswren

Amytornis barbatus

Striated Grasswren

Amytornis striatus

Southern Emu-wren (Kangaroo Island subspecies)

Stipiturus malachurus halmaturinus

Southern Emu-wren (south east SA subspecies)

Stipiturus malachurus polionotum

Rufous-crowned Emu-wren

Stipiturus ruficeps

   
 

MELIPHAGIDAE

Grey Honeyeater

Conopophila whitei

Blue-faced Honeyeater

Entomyzon cyanotis

Painted Honeyeater

Grantiella picta

Purple-gaped Honeyeater (mainland subspecies)

Lichenostomus cratitius occidentalis

Brown Honeyeater

Lichmera indistincta

Black-chinned Honeyeater (northern subspecies)

Melithreptus gularis laetior

Little Friarbird

Philemon citreogularis

Striped Honeyeater

Plectorhyncha lanceolata

Bassian Thrush

Zoothera lunulata

   
 

ORIOLIDAE

Olive-backed Oriole

Oriolus sagittatus

   
 

PACHYCEPHALIDAE

Crested Shrike-tit

Falcunculus frontatus

Gilbert's Whistler

Pachycephala inornata

Red-lored Whistler

Pachycephala rufogularis

   
 

PETROICIDAE

Hooded Robin (south east subspecies)

Melanodryas cucullata cucullata

Jacky Winter (south east subspecies)

Microeca fascinans fascinans

Scarlet Robin (eastern subspecies)

Petroica multicolor boodang

   
 

PODICIPEDIDAE

Great Crested Grebe

Podiceps cristatus

   
 

POMATOSTOMIDAE

Grey-crowned Babbler (northern subspecies)

Pomatostomus temporalis rubeculus

   
 

PROCELLARIIDAE

Fleshy-footed Shearwater

Puffinus carneipes

   
 

PSITTACIDAE

Red-winged Parrot

Aprosmictus erythropterus

Elegant Parrot

Neophema elegans

Rock Parrot

Neophema petrophila

Scarlet-chested Parrot

Neophema splendida

Blue Bonnet (western subspecies)

Northiella haematogaster narethae

   
 

PTILONORHYNCHIDAE

Western Bowerbird

Chlamydera guttata

   
 

RALLIDAE

Spotless Crake

Porzana tabuensis

   
 

SCOLOPACIDAE

Common Sandpiper

Actitis hypoleucos

Ruddy Turnstone

Arenaria interpres

Sanderling

Calidris alba

Pectoral Sandpiper

Calidris melanotos

Long-toed Stint

Calidris subminuta

Great Knot

Calidris tenuirostris

Latham's Snipe

Gallinago hardwickii

Grey-tailed Tattler

Heteroscelus brevipes

Bar-tailed Godwit

Limosa lapponica

Black-tailed Godwit

Limosa limosa

Whimbrel

Numenius phaeopus

Ruff

Philomachus pugnax

Wood Sandpiper

Tringa glareola

Terek Sandpiper

Xenus cinereus

   
 

STRIGIDAE

Barking Owl

Ninox connivens

   
 

THRESKIORNITHIDAE

Glossy Ibis

Plegadis falcinellus

   
 

TURNICIDAE

Red-chested Button-quail

Turnix pyrrhothorax

Painted Button-quail

Turnix varia

   
 

TYTONIDAE

Grass Owl

Tyto capensis

   

Reptiles

 
 

AGAMIDAE

Jacky Lizard

Amphibolurus muricatus

Spotted Dragon

Ctenophorus maculatus

McKenzie's Dragon

Ctenophorus mckenziei

Claypan Dragon

Ctenophorus salinarum

   
 

BOIDAE

Woma

Aspidites ramsayi

Carpet Python

Morelia spilota

   
 

ELAPIDAE

Channel Country Whipsnake

Demansia sp. 'Channel Country Whipsnake'

White-lipped Snake

Drysdalia coronoides

Bardick

Echiopsis curta

Spotted Brown Snake

Pseudonaja guttata

Western Black-naped Snake

Simoselaps bimaculatus

Common Bandy-Bandy

Vermicella annulata

   
 

GEKKONIDAE

Northern Snake-lizard

Delma borea

Patchwork Gecko

Diplodactylus pulcher

Map Gecko

Diplodactylus steindachneri

Pernatty Knob-tailed Gecko

Nephrurus deleani

Marbled Velvet Gecko

Oedura marmorata

Bronzeback Legless Lizard

Ophidiocephalus taeniatus

   
 

SCINCIDAE

Western Three-lined Skink

Bassiana trilineata

Ashy-downs Ctenotus

Ctenotus astarte

Giant Desert Ctenotus

Ctenotus grandis

Greer's Ctenotus

Ctenotus greeri

Blacksoil Ctenotus

Ctenotus joanae

Paleface Ctenotus

Ctenotus piankai

Southern Water Skink

Eulamprus tympanum

Beach Slider

Lerista arenicola

Speckled Slider

Lerista baynesi

Dwarf four-toed Slider

Lerista distinguenda

Long-legged Slider

Lerista microtis

Desert Glossy Skink

Notoscincus ornatus

Blacksoil Skink

Proablepharus kinghorni

Bight Coast Skink

Pseudemoia baudini

Tussock Skink

Pseudemoia pagenstecheri

   
 

VARANIDAE

Short-tailed Pygmy Goanna

Varanus brevicauda

Tree Goanna

Varanus varius

   

Amphibians

 
 

HYLIDAE

Knife-footed Frog

Cyclorana cultripes

Smooth Frog

Geocrinia laevis

Brown Toadlet

Pseudophryne bibroni

Small-headed Toadlet

Uperoleia capitulata

   

Part 2—Plants

Common name

Species

 

ADIANTACEAE

annual fern

Anogramma leptophylla

   
 

AMARANTHACEAE

 

Ptilotus aristatus var. aristatus

Barker's mulla mulla

Ptilotus barkeri

hairy-tails

Ptilotus erubescens

 

Ptilotus schwartzii f. schwartzii

Symon's mulla mulla

Ptilotus symonii

   
 

ARACEAE

 

Typhonium alismifolium

   
 

ASPLENIACEAE

common spleenwort

Asplenium trichomanes

   
 

BAUERACEAE

wiry bauera

Bauera rubioides

   
 

BLECHNACEAE

fishbone water-fern

Blechnum nudum

hard water-fern

Blechnum wattsii

   
 

BORAGINACEAE

 

Embadium johnstonii

 

Embadium stagnense

   
 

CALLITRICHACEAE

matted water starwort

Callitriche sonderi

   
 

CAMPANULACEAE

swamp isotome

Isotoma fluviatilis ssp. australis

salt isotome

Isotoma scapigera

 

Lobelia heterophylla

poison lobelia

Lobelia pratioides

poison pratia

Pratia concolor

   
 

CARYOPHYLLACEAE

rayless starwort

Stellaria multiflora

swamp starwort

Stellaria palustris var. tenella

prickly starwort

Stellaria pungens

   
 

CENTROLEPIDACEAE

cushion centrolepis

Centrolepis cephaloformis ssp. cephaloformis

cushion centrolepis

Centrolepis cephaloformis ssp. murrayi

smooth centrolepis

Centrolepis glabra

   
 

CERATOPHYLLACEAE

hornwort

Ceratophyllum demersum

   
 

CHENOPODIACEAE

 

Atriplex australasica

Eichler's saltbush

Atriplex eichleri

papery goosefoot

Chenopodium erosum

 

Halosarcia lepidosperma

black-fruit bluebush

Maireana melanocarpa

slender fissure-plant

Maireana pentagona

Rohrlach's bluebush

Maireana rohrlachii

lax bluebush

Maireana suaedifolia

wingless bonefruit

Osteocarpum acropterum var. deminutum

Black's bindyi

Sclerolaena blackiana

 

Sclerolaena fontinalis

five-spine bindyi

Sclerolaena muricata var. villosa

   
 

COMPOSITAE

Kangaroo Island river daisy

Achnophora tatei

swamp daisy

Allittia cardiocarpa

 

Allittia uliginosa

 

Basedowia tenerrima

swamp daisy

Brachyscome basaltica var. gracilis

short-stem daisy

Brachyscome breviscapis

 

Brachyscome ciliaris var. subintegrifolia

 

Brachyscome eriogona

grass daisy

Brachyscome graminea

coast daisy

Brachyscome parvula

Reader's daisy

Brachyscome readeri

Nullarbor daisy

Brachyscome tatei

yellow-fruit daisy

Brachyscome xanthocarpa

pale beauty-heads

Calocephalus sonderi

yellow burr-daisy

Calotis lappulacea

tufted burr-daisy

Calotis scapigera

wingwort

Ceratogyne obionoides

salt button-daisy

Chondropyxis halophila

shiny elachanth

Elachanthus glaber

 

Gratwickia monochaeta

dogwood haeckeria

Haeckeria cassiniiformis

small nut-heads

Haegiela tatei

 

Hyalosperma stoveae

 

Leiocarpa pluriseta

 

Leptinella reptans

lanky buttons

Leptorhynchos elongatus

 

Leptorhynchos orientalis

annual buttons

Leptorhynchos scaber

wiry buttons

Leptorhynchos tenuifolius

musk daisy-bush

Olearia adenolasia

velvet daisy-bush

Olearia pannosa ssp. cardiophylla

sticky daisy-bush

Olearia passerinoides ssp. glutescens

rasp daisy-bush

Olearia picridifolia

squat picris

Picris squarrosa

showy copper-wire daisy

Podolepis jaceoides

gypsum groundsel

Senecio gypsicola

   
 

CRASSULACEAE

large-fruit crassula

Crassula exserta

purple crassula

Crassula peduncularis

   
 

CRUCIFERAE

annual bitter-cress

Cardamine paucijuga

slender bitter-cress

Cardamine tenuifolia

Kangaroo Island cress

Irenepharsus phasmatodes

bushy peppercress

Lepidium desvauxii

 

Lepidium pseudoruderale

 

Menkea lutea

hairy shepherd's-purse

Microlepidium pilosulum

spreading cress

Phlegmatospermum eremaeum

forest bitter-cress

Rorippa dictyosperma

jagged bitter-cress

Rorippa laciniata

   
 

CYPERACEAE

pale twig-rush

Baumea acuta

slender twig-rush

Baumea gunnii

lax twig-rush

Baumea laxa

 

Bulbostylis pyriformis

 

Bulbostylis turbinata

mountain sedge

Carex gunniana

leafy twig-rush

Cladium procerum

downs flat-sedge

Cyperus bifax

 

Cyperus castaneus

 

Cyperus concinnus

flaccid flat-sedge

Cyperus flaccidus

 

Cyperus lhotskyanus

 

Cyperus nervulosus

dark flat-sedge

Cyperus sanguinolentus

 

Cyperus sphaeroideus

 

Eleocharis geniculata

 

Eleocharis papillosa

 

Eleocharis plana

summer fringe-rush

Fimbristylis aestivalis

tall saw-sedge

Gahnia clarkei

spiky saw-sedge

Gahnia hystrix

thatch saw-sedge

Gahnia radula

 

Gahnia sp. West Bay (B.M.Overton 2685)

remote sword-sedge

Lepidosperma avium

 

Lepidosperma leptophyllum

tiny bog-rush

Schoenus discifer

 

Schoenus laevigatus

slender bog-rush

Schoenus lepidosperma ssp. lepidosperma

gimlet bog-rush

Schoenus sculptus

grassy bog-rush

Schoenus tesquorum

   
 

DENNSTAEDTIACEAE

ruddy ground-fern

Hypolepis rugosula

   
 

DILLENIACEAE

Central Australian guinea-flower

Hibbertia glaberrima

 

Hibbertia sp. Humilis (H.R.Toelken 9196)

   
 

DROSERACEAE

forked sundew

Drosera binata

early sundew

Drosera praefolia

   
 

ELATINACEAE

waterwort

Elatine gratioloides

   
 

EPACRIDACEAE

Cleland's beard-heath

Leucopogon clelandii

hairy beard-heath

Leucopogon hirsutus

 

Leucopogon revolutus

pink swamp-heath

Sprengelia incarnata

   
 

EUPHORBIACEAE

snowdrop spurge

Phyllanthus calycinus

fringed pseudanthus

Pseudanthus micranthus

   
 

FRANKENIACEAE

 

Frankenia cinerea

 

Frankenia cupularis

 

Frankenia subteres

   
 

GERANIACEAE

 

Erodium sp. Blesing (J.R.Wheeler 471)

 

Geranium sp. Linear segments (K.Preiss 128)

   
 

GLEICHENIACEAE

coral fern

Gleichenia microphylla

   
 

GOODENIACEAE

 

Dampiera roycei

 

Goodenia anfracta

Bentham's goodenia

Goodenia benthamiana

 

Goodenia brunnea

 

Goodenia chambersii

 

Goodenia glandulosa

spreading goodenia

Goodenia heteromera

Flinders Range goodenia

Goodenia saccata

myrtle fanflower

Scaevola myrtifolia

 

Velleia cycnopotamica

   
 

GRAMINEAE

pointed swamp wallaby-grass

Amphibromus archeri

long-nosed swamp wallaby-grass

Amphibromus macrorhinus

dark swamp wallaby-grass

Amphibromus recurvatus

 

Aristida arida

 

Aristida australis

smooth wallaby-grass

Austrodanthonia laevis

short-awn wallaby-grass

Austrodanthonia tenuior

cane spear-grass

Austrostipa breviglumis

foxtail spear-grass

Austrostipa densiflora

spiny spear-grass

Austrostipa echinata

 

Austrostipa gibbosa

 

Austrostipa multispiculis

Flinders Range spear-grass

Austrostipa petraea

 

Austrostipa plumigera

 

Austrostipa tenuifolia

Tucker's spear-grass

Austrostipa tuckeri

Vickery's spear-grass

Austrostipa vickeryana

red-leg grass

Bothriochloa macra

heath bent-grass

Deyeuxia densa

rough-bearded grass

Echinopogon ovatus

barren cane-grass

Eragrostis infecunda

purple love-grass

Eragrostis lacunaria

Bentham's fescue

Festuca benthamiana

narrow-leaf blown-grass

Lachnagrostis punicea var. filifolia

 

Lachnagrostis punicea var. punicea

tall blown-grass

Lachnagrostis robusta

woolly mulga-grass

Neurachne lanigera

five-awn spear-grass

Pentapogon quadrifidus var. quadrifidus

knotted poa

Poa drummondiana

scaly poa

Poa fax

soft tussock-grass

Poa morrisii

velvet tussock-grass

Poa rodwayi

 

Poa sieberiana var. sieberiana

shade tussock-grass

Poa umbricola

gummy spinifex

Triodia pungens

 

Zoysia macrantha ssp. walshii

   
 

GUTTIFERAE

matted St John's wort

Hypericum japonicum

   
 

HALORAGACEAE

shade raspwort

Gonocarpus humilis

creeping raspwort

Gonocarpus micranthus ssp. micranthus

swamp raspwort

Haloragis brownii

Eichler's raspwort

Haloragis eichleri

 

Haloragis myriocarpa

broad milfoil

Myriophyllum amphibium

tiny milfoil

Myriophyllum integrifolium

robust milfoil

Myriophyllum papillosum

varied milfoil

Myriophyllum variifolium

   
 

HYDROCHARITACEAE

waterthyme

Hydrilla verticillata

swamp lily

Ottelia ovalifolia ssp. ovalifolia

   
 

ISOETACEAE

plain quillwort

Isoetes drummondii ssp. drummondii

   
 

JUNCACEAE

austral rush

Juncus australis

tall rush

Juncus procerus

 

Luzula ovata

   
 

JUNCAGINACEAE

Alcock's water-ribbons

Triglochin alcockiae

tiny arrowgrass

Triglochin minutissimum

   
 

LABIATAE

slender mint

Mentha diemenica

native pennyroyal

Mentha satureioides

 

Microcorys macrediana

green mintbush

Prostanthera chlorantha

dwarf skullcap

Scutellaria humilis

   
 

LEGUMINOSAE

Alcock's wattle

Acacia alcockii

 

Acacia ammobia

Baratta wattle

Acacia barattensis

hop-bush wattle

Acacia dodonaeifolia

prickly wattle

Acacia erinacea

Georgina gidgea

Acacia georginae

graceful wattle

Acacia gracilifolia

ploughshare wattle

Acacia gunnii

Helm's wattle

Acacia helmsiana

 

Acacia hemiteles

six-nerve spine-bush

Acacia hexaneura

feathery wattle

Acacia imbricata

Flinders Ranges wattle

Acacia iteaphylla

Coonavittra wattle

Acacia jennerae

Latz's wattle

Acacia latzii

streaked wattle

Acacia lineata

nealie

Acacia loderi

Mitchell's wattle

Acacia mitchellii

mallee wattle

Acacia montana

 

Acacia mutabilis ssp. angustifolia

Pickard's wattle

Acacia pickardii

Quorn wattle

Acacia quornensis

dagger-leaf wattle

Acacia rhigiophylla

minni ritchi

Acacia rhodophloia

 

Acacia simmonsiana

hop wattle

Acacia stricta

Symon's wattle

Acacia symonii

 

Acacia tenuior

 

Acacia tenuissima

 

Acacia toondulya

mallee bitter-pea

Daviesia benthamii ssp. humilis

zig-zag bitter-pea

Daviesia pectinata

Flinders Ranges bitter-pea

Daviesia stricta

 

Hovea purpurea

clustered bush-pea

Pultenaea dentata

Tothill bush-pea

Pultenaea kraehenbuehlii

rough bush-pea

Pultenaea scabra

tufted bush-pea

Pultenaea trichophylla

leafless globe-pea

Sphaerolobium minus

 

Swainsona fuscoviridis

Lee's swainson-pea

Swainsona leeana

wild violet

Swainsona microcalyx

 

Swainsona oligophylla

yellow swainson-pea

Swainsona pyrophila

spiny templetonia

Templetonia battii

native broom

Viminaria juncea

   
 

LENTIBULARIACEAE

yellow bladderwort

Utricularia australis

violet bladderwort

Utricularia violacea

   
 

LILIACEAE

pale grass-lily

Caesia parviflora var. minor

sand lily

Corynotheca licrota

 

Dianella longifolia var. grandis

wattle mat-rush

Lomandra filiformis ssp. coriacea

grassy fringe-lily

Thysanotus tenellus

Eyre Peninsula fringe-lily

Thysanotus wangariensis

trailing Nancy

Wurmbea decumbens

desert Nancy

Wurmbea deserticola

 

Wurmbea latifolia ssp. vanessae

 

Wurmbea stellata

Tate's grass-tree

Xanthorrhoea semiplana ssp. tateana

desert grass-tree

Xanthorrhoea thorntonii

   
 

LOGANIACEAE

rock logania

Logania saxatilis

rough logania

Logania scabrella

tiny mitrewort

Phyllangium distylis

   
 

LYCOPODIACEAE

slender clubmoss

Lycopodiella lateralis

pigmy clubmoss

Phylloglossum drummondii

   
 

LYTHRACEAE

purple loosestrife

Lythrum salicaria

   
 

MALVACEAE

 

Abutilon oxycarpum var. incanum

showy lawrencia

Lawrencia berthae

 

Sida sp. Wakaya Desert (C.Dunlop 1984)

   
 

MARSILEACEAE

austral pillwort

Pilularia novae-hollandiae

   
 

MENYANTHACEAE

wavy marshwort

Nymphoides crenata

   
 

MYOPORACEAE

 

Eremophila praecox

Blue Range emubush

Eremophila barbata

coccid emubush

Eremophila gibbifolia

Hill's emubush

Eremophila hillii

 

Eremophila interstans var. interstans

small-leaf emubush

Eremophila parvifolia

 

Eremophila pentaptera

twiggy emubush

Eremophila polyclada

green-flower emubush

Eremophila subfloccosa ssp. glandulosa

creeping boobialla

Myoporum parvifolium

   
 

MYRTACEAE

prickly bottlebrush

Callistemon brachyandrus

Kangaroo Island heath-myrtle

Calytrix smeatoniana

white box

Eucalyptus albens

broad-leaf box

Eucalyptus behriana

Spafford's square-fruit mallee

Eucalyptus calycogona ssp. spaffordii

 

Eucalyptus canescens ssp. beadellii

Port Lincoln mallee

Eucalyptus conglobata

Darke Peak mallee

Eucalyptus cretata

candlebark gum

Eucalyptus dalrympleana ssp. dalrympleana

 

Eucalyptus diversifolia ssp. hesperia

pink gum

Eucalyptus fasciculosa

Mount Lindsay gum

Eucalyptus gillenii

Kingsmill mallee

Eucalyptus kingsmillii ssp. alatissima

whipstick mallee

Eucalyptus leptopoda ssp. elevata

large-fruit blue gum

Eucalyptus leucoxylon ssp. megalocarpa

red stringybark

Eucalyptus macrorhyncha ssp. macrorhyncha

ribbed white mallee

Eucalyptus percostata

 

Eucalyptus phenax ssp. compressa

 

Eucalyptus sp. Flinders Ranges (D.Nicolle 562)

manna gum

Eucalyptus viminalis ssp. viminalis

green mallee

Eucalyptus viridis ssp. viridis

Wimmera mallee

Eucalyptus wimmerensis

Wyola Lake mallee

Eucalyptus wyolensis

needle-leaf honey-myrtle

Melaleuca armillaris ssp. akineta

wrinkled honey-myrtle

Melaleuca fulgens ssp. corrugata

pungent honey-myrtle

Melaleuca leiocarpa

dwarf-leaf honey-myrtle

Melaleuca nanophylla

pointed-leaf honey-myrtle

Melaleuca oxyphylla

swamp honey-myrtle

Melaleuca squamea

bottlebrush tea-tree

Melaleuca squarrosa

Wilson's honey-myrtle

Melaleuca wilsonii

fringed heath-myrtle

Micromyrtus ciliata

   
 

OLACACEAE

 

Olax obcordata

   
 

OPHIOGLOSSACEAE

large adder's-tongue

Ophioglossum polyphyllum

   
 

ORCHIDACEAE

 

Caladenia bicalliata ssp. bicalliata

black-tongue caladenia

Caladenia congesta

hooded caladenia

Caladenia cucullata

late spider-orchid

Caladenia necrophylla

pygmy caladenia

Caladenia pusilla

 

Caladenia sanguinea

star spider-orchid

Caladenia stellata

plain caladenia

Caladenia vulgaris

plains beard-orchid

Calochilus campestris

small helmet-orchid

Corybas unguiculatus

tiger orchid

Diuris sulphurea

potato orchid

Gastrodia sesamoides

yellow onion-orchid

Microtis atrata

sweet onion-orchid

Microtis rara

austral leek-orchid

Prasophyllum australe

tawny leek-orchid

Prasophyllum constrictum

fertile leek-orchid

Prasophyllum fecundum

cryptic leek-orchid

Prasophyllum occultans

pale leek-orchid

Prasophyllum pallidum

blunt greenhood

Pterostylis curta

slender greenhood

Pterostylis foliata

 

Pterostylis striata

austral lady's tresses

Spiranthes australis

frog-mouth sun-orchid

Thelymitra batesii

small pink sun-orchid

Thelymitra carnea

twisted sun-orchid

Thelymitra flexuosa

giant sun-orchid

Thelymitra grandiflora

plum sun-orchid

Thelymitra mucida

western sky sun-orchid

Thelymitra occidentalis

   
 

OROBANCHACEAE

native broomrape

Orobanche cernua var. australiana

   
 

PITTOSPORACEAE

eastern apple-berry

Billardiera scandens var. scandens

white rhytidosporum

Rhytidosporum procumbens

   
 

PLANTAGINACEAE

 

Plantago sp. A (A.C.Robinson 704)

   
 

POLYGONACEAE

spiny lignum

Muehlenbeckia horrida ssp. horrida

wiry dock

Rumex dumosus

   
 

PORTULACACEAE

bead purslane

Calandrinia sphaerophylla

 

Calandrinia stagnensis

white purslane

Neopaxia australasica

   
 

POTAMOGETONACEAE

blunt pondweed

Potamogeton ochreatus

   
 

PRIMULACEAE

desert samolus

Samolus eremaeus

   
 

PROTEACEAE

 

Grevillea anethifolia

prickly grevillea

Grevillea aquifolium

 

Grevillea halmaturina ssp. halmaturina

 

Grevillea halmaturina ssp. laevis

 

Grevillea lavandulacea ssp. rogersii

 

Grevillea pauciflora ssp. leptophylla

Kangaroo Island hakea

Hakea aenigma

hooked needlewood

Hakea tephrosperma

   
 

PTERIDACEAE

tender brake

Pteris tremula

   
 

RANUNCULACEAE

river buttercup

Ranunculus inundatus

slender buttercup

Ranunculus robertsonii

   
 

RESTIONACEAE

Kangaroo Island scale-rush

Lepyrodia valliculae

   
 

RHAMNACEAE

long-flower cryptandra

Cryptandra sp. Long hypanthium (C.R. Alcock 10626)

 

Pomaderris forrestiana

 

Spyridium bifidum var. integrifolium

rough spyridium

Spyridium halmaturinum var. scabridum

silvery spyridium

Spyridium leucopogon

spoon-leaf spyridium

Spyridium spathulatum

   
 

RUBIACEAE

water woodruff

Asperula subsimplex

Southern Flinders woodruff

Asperula syrticola

tight bedstraw

Galium curvihirtum

dwarf nertera

Leptostigma reptans

   
 

RUTACEAE

rough star-bush

Asterolasia muricata

 

Boronia nana var. hyssopifolia

 

Boronia nana var. pubescens

swamp boronia

Boronia parviflora

hairy boronia

Boronia pilosa ssp. torquata

hairy correa

Correa aemula

white correa

Correa alba var. pannosa

 

Correa backhouseana var. orbicularis

 

Correa glabra var. leucoclada

wilga

Geijera parviflora

Mount Lofty phebalium

Leionema hillebrandii

 

Leionema microphyllum

narrow-leaf wax-flower

Philotheca angustifolia ssp. angustifolia

 

Zieria veronicea ssp. insularis

 

Zieria veronicea ssp. veronicea

   
 

SANTALACEAE

yellow-flower sour-bush

Choretrum glomeratum var. chrysanthum

spiked sour-bush

Choretrum spicatum

pale-fruit cherry

Exocarpos strictus

   
 

SCROPHULARIACEAE

showy speedwell

Derwentia decorosa

Kangaroo Island speedwell

Derwentia derwentiana ssp. anisodonta

stalked brooklime

Gratiola pedunculata

glandular brooklime

Gratiola pubescens

dwarf brooklime

Gratiola pumilo

small monkey-flower

Mimulus prostratus

Haegi's stemodia

Stemodia sp. Haegii (J.Z.Weber 9055)

   
 

SOLANACEAE

narrow-leaf ray-flower

Anthocercis angustifolia

Port Lincoln ray-flower

Anthocercis anisantha ssp. anisantha

 

Nicotiana truncata

rare nightshade

Solanum eremophilum

   
 

STERCULIACEAE

western tar-vine

Gilesia biniflora

   
 

STYLIDIACEAE

 

Levenhookia stipitata

Beauglehole's trigger-plant

Stylidium beaugleholei

 

Stylidium ecorne

Kangaroo Island trigger-plant

Stylidium tepperianum

   
 

THELYPTERIDACEAE

soft shield-fern

Christella dentata

   
 

THYMELAEACEAE

 

Pimelea curviflora var. subglabrata

sandhill riceflower

Pimelea penicillaris

Williamson's riceflower

Pimelea williamsonii

   
 

UMBELLIFERAE

prostrate blue devil

Eryngium vesiculosum

fringe-fruit pennywort

Hydrocotyle comocarpa

spreading pennywort

Hydrocotyle crassiuscula

 

Neosciadium glochidiatum

Kangaroo Island platysace

Platysace heterophylla var. tepperi

native parsnip

Trachymene anisocarpa

southern xanthosia

Xanthosia tasmanica

   
 

XYRIDACEAE

tall yellow-eye

Xyris operculata

   
 

ZANNICHELLIACEAE

 

Zannichellia palustris

   
 

ZOSTERACEAE

garweed

Zostera muelleri ssp. mucronata

   
 

ZYGOPHYLLACEAE

thick twinleaf

Zygophyllum crassissimum

small-fruit twinleaf

Zygophyllum humillimum

 

Zygophyllum hybridum

   

Schedule 10—Unprotected species

Zebra Finch (Poephila guttata)

Budgerygah (Melopsittacus undulatus)

Red Wattlebird (Anthochaera carunculata)

Grey-backed Silvereye (Zosterops lateralis halmaturina)

Galah (Cacatua roseicapilla)

Little Corella (Cacatua sanguinea)

Australian Raven (Corvus coronoides)

Little Crow (Corvus bennetti)

Australian Crow (Corvus orru cecilae)

Little Raven (Corvus mellori)

Wild Dog (Dingo) (Canis familiaris)

Schedule 11—Species to which Part 5 Division 4A applies

Emu

DROMAIUS NOVAEHOLLANDIAE

Legislative history

Notes

• This version is comprised of the following:

Part 1

1.7.2005

Part 2

1.2.2010

Part 3

1.6.2010

Part 3A

1.7.2005

Part 4

24.11.2003 (Reprint No 11)

Part 5

21.2.2008

Part 5A

4.6.2005

Part 6

1.7.2005

Schedules

21.2.2008

• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Legislation repealed by principal Act

The National Parks and Wildlife Act 1972 repealed the following:

Fauna and Flora Reserve Act 1919

Fauna and Flora Reserve Act Amendment Act 1940

Fauna Conservation Act 1964

Fauna Conservation Act Amendment Act 1965

National Parks Act 1966

The National Pleasure Resorts Act 1914

National Pleasure Resorts Act Amendment Act 1960

Native Plants Protection Act 1936

Legislation amended by principal Act

The National Parks and Wildlife Act 1972 amended the following:

The Lands for Public Purposes Acquisition Act 1914

Statute Law Revision Act 1935

Principal Act and amendments

New entries appear in bold.

Year

No

Title

Assent

Commencement

1972

56

National Parks and Wildlife Act 1972

27.4.1972

3.7.1972 (Gazette 29.6.1972 p2689)

1974

130

National Parks and Wildlife Act Amendment Act 1974

12.12.1974

1.2.1975 (Gazette 30.1.1975 p341)

1978

35

National Parks and Wildlife Act Amendment Act 1978

6.4.1978

8.6.1978 (Gazette 8.6.1978 p1973)

1978

100

National Parks and Wildlife Act Amendment Act (No. 2) 1978

7.12.1978

14.8.1980 (Gazette 14.8.1980 p528)

1981

19

National Parks and Wildlife Act Amendment Act 1981

19.3.1981

2.4.1981 (Gazette 2.4.1981 p1017)

1981

54

National Parks and Wildlife Act Amendment Act (No. 2) 1981

25.6.1981

25.6.1981

1987

94

National Parks and Wildlife Act Amendment Act 1987

17.12.1987

17.12.1987 (Gazette 17.12.1987 p1851) except ss 29, 30, 32 and 37—1.7.1988 (Gazette 23.6.1988 p1983)

1991

(57)

National Parks and Wildlife Endangered, Vulnerable and Rare Species (Amendment of Schedules) Regulations 1991 (Gazette 16.5.1991 p1590)

16.5.1991

1992

28

Wilderness Protection Act 1992

21.5.1992

25.6.1992 (Gazette 18.6.1992 p1756)

1992

71

Statutes Amendment (Expiation of Offences) Act 1992

19.11.1992

1.3.1993 (Gazette 18.2.1993 p600)

1993

45

National Parks and Wildlife (Miscellaneous) Amendment Act 1993

20.5.1993

1.8.1993 (Gazette 22.7.1993 p598)

1993

54

Statutes Repeal and Amendment (Development) Act 1993

27.5.1993

15.1.1994 (Gazette 27.10.1993 p1889)

1996

13

National Parks and Wildlife (Miscellaneous) Amendment Act 1996

24.4.1996

23.5.1996 (Gazette 23.5.1996 p2534)

1996

34

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

2.5.1996

Sch (cl 25)—3.2.1997 (Gazette 19.12.1996 p1923)

1998

54

National Parks and Wildlife (Bookmark Biosphere Trust) Amendment Act 1998

3.9.1998

3.9.1998

2000

11

Offshore Minerals Act 2000

4.5.2000

4.5.2002 (s 7(5) Acts Interpretation Act 1915)—certain amendments contained in Sch 2 were rendered nugatory by the prior amendment of ss 5, 14 & 43 of the principal Act by 62/2000 Sch

2000

62

National Parks and Wildlife (Miscellaneous) Amendment Act 2000

27.7.2000

24.8.2000 (Gazette 24.8.2000 p592)

2003

35

River Murray Act 2003

31.7.2003

Sch (cl 14)—24.11.2003 (Gazette 20.11.2003 p4203)

2003

44

Statute Law Revision Act 2003

23.10.2003

Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)

2003

63

National Parks and Wildlife (Innamincka Regional Reserve) Amendment Act 2003

11.12.2003

22.7.2004 (Gazette 22.7.2004 p2594)

2004

27

Statutes Amendment (Co-managed Parks) Act 2004

29.7.2004

Pt 3 (ss 13—38)—29.7.2004 (Gazette 29.7.2004 p2682)

2004

34

Natural Resources Management Act 2004

5.8.2004

Sch 4 (cl 23)—1.7.2005 (Gazette 30.6.2005 p2093)

2005

5

Adelaide Dolphin Sanctuary Act 2005

14.4.2005

Sch 2 (cll 42, 44—47)—4.6.2005, (cll 43 & 48)—1.7.2005 (Gazette 2.6.2005 p1684)

2005

20

Statutes Amendment (Environment and Conservation Portfolio) Act 2005

9.6.2005

Pt 3 (ss 9—24) & Sch 3—23.6.2005 (Gazette 23.6.2005 p1901)

2008

(16)

National Parks and Wildlife (Amendment of Schedules 7, 8 and 9 of Act) Regulations 2008 (Gazette 21.2.2008 p581)

21.2.2008: r 2

2009

20

Crown Land Management Act 2009

4.6.2009

Sch 1 (cl 2)—1.6.2010 (Gazette 18.2.2010 p816)

2009

84

Statutes Amendment (Public Sector Consequential Amendments) Act 2009

10.12.2009

Pt 95 (ss 220—225)—1.2.2010 (Gazette 28.1.2010 p320)

Provisions amended since 3 February 1976

• Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 7 of The Public General Acts of South Australia 1837-1975 at page 540.

• Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 11 July 1988. A schedule of these alterations was laid before Parliament on 16 August 1988.

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision

How varied

Commencement

Pt 1

   

ss 2 and 3

deleted in pursuance of the Acts Republication Act 1967 as their function is now exhausted

11.7.1988

s 4

amended by 35/1978 s 3

8.6.1978

 

amended by 100/1978 s 3

14.8.1980

 

deleted by 94/1987 Sch

17.12.1987

s 5

   

Aboriginal

inserted by 27/2004 s 13(1)

29.7.2004

Aboriginal-owned land

inserted by 27/2004 s 13(1)

29.7.2004

Aboriginal person

inserted by 27/2004 s 13(1)

29.7.2004

Adelaide Dolphin Sanctuary

inserted by 5/2005 Sch 2 (cl 42)

4.6.2005

aircraft

inserted by 94/1987 s 3(a)

17.12.1987

appointed member

inserted by 13/1996 s 3(a)

23.5.1996

the Advisory Council

deleted by 100/1978 s 4(b)

14.8.1980

appointed member

deleted by 100/1978 s 4(a)

14.8.1980

carcass

substituted by 94/1987 s 3(b)

17.12.1987

the Chief Executive Officer

inserted by 94/1987 s 3(j)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

co-managed park

inserted by 27/2004 s 13(2)

29.7.2004

co-management agreement

inserted by 27/2004 s 13(2)

29.7.2004

co-management board

inserted by 27/2004 s 13(2)

29.7.2004

the Council

deleted by 100/1978 s 4(b)

14.8.1980

 

inserted by 13/1996 s 3(b)

23.5.1996

Crown lands

deleted by 94/1987 Sch

17.12.1987

Crown land

inserted by 94/1987 Sch

17.12.1987

the Department

substituted by 94/1987 s 3(k)

17.12.1987

 

substituted by 13/1996 s 3(c)

23.5.1996

device

amended by 13/1996 s 3(d)

23.5.1996

the Director

amended by 94/1987 s 3(l)

17.12.1987

endangered species

inserted by 94/1987 s 3(c)

17.12.1987

land under the jurisdiction of the Minister of Marine

deleted by 62/2000 Sch

24.8.2000

marine mammal

inserted by 45/1993 s 3

1.8.1993

mining Act

inserted by 62/2000 Sch

24.8.2000

 

amended by 20/2005 Sch 3

23.6.2005

mining production tenement

inserted by 94/1987 s 3(d)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

 

amended by 11/2000 Sch 2

4.5.2002

 

amended by 20/2005 Sch 3

23.6.2005

mining tenement

inserted by 94/1987 s 3(d)

17.12.1987

 

substituted by 62/2000 Sch

24.8.2000

the Minister

deleted by 94/1987 s 3(m)

17.12.1987

minor alterations or additions to a public road

inserted by 94/1987 s 3(d)

17.12.1987

Murray-Darling Basin

inserted by 35/2003 Sch cl 14(a)

24.11.2003

the Permanent Head

deleted by 94/1987 s 3(n)

17.12.1987

plant

substituted by 94/1987 s 3(e)

17.12.1987

premises

inserted by 94/1987 s 3(e)

17.12.1987

protected animal

amended by 94/1987 s 3(f)

17.12.1987

protected native plant

deleted by 94/1987 s 3(g)

17.12.1987

protected wildflower

deleted by 94/1987 s 3(g)

17.12.1987

public road

inserted by 94/1987 s 3(g)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

rare species

substituted by 94/1987 s 3(g)

17.12.1987

relevant Aboriginal group

inserted by 27/2004 s 13(3)

29.7.2004

relevant mining Minister

inserted by 62/2000 Sch

24.8.2000

the repealed Fauna and Flora Reserve Act

deleted by 62/2000 Sch

24.8.2000

the repealed National Parks Act

deleted by 62/2000 Sch

24.8.2000

reserve

substituted by 94/1987 s 3(h)

17.12.1987

River Murray Protection Area

inserted by 35/2003 Sch cl 14(b)

24.11.2003

the Reserves Advisory Committee

inserted by 100/1978 s 4(c)

14.8.1980

 

deleted by 13/1996 s 3(e)

23.5.1996

the Committee

inserted by 100/1978 s 4(c)

14.8.1980

 

deleted by 13/1996 s 3(e)

23.5.1996

take

amended by 94/1987 s 3(i)

17.12.1987

threatened species

deleted by 94/1987 s 3(o)

17.12.1987

traditional association

inserted by 27/2004 s 13(4)

29.7.2004

vehicle

inserted by 94/1987 s 3(p)

17.12.1987

vulnerable species

inserted by 94/1987 s 3(p)

17.12.1987

wilderness protection area

inserted by 28/1992 Sch 1

25.6.1992

wilderness protection zone

inserted by 28/1992 Sch 1

25.6.1992

wildflower

deleted by 94/1987 s 3(q)

17.12.1987

Pt 2

   

Pt 2 Div 1

heading amended by 94/1987 s 4

17.12.1987

s 6

   

s 6(1)

substituted by 94/1987 Sch

17.12.1987

s 6(2)

amended by 94/1987 Sch

17.12.1987

ss 7 and 8

deleted by 94/1987 Sch

17.12.1987

s 9

   

s 9(2)

substituted by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 10

   

s 10(2)

amended by 94/1987 Sch

17.12.1987

s 11

   

s 11(2)

amended by 13/1996 s 4(a)

23.5.1996

 

amended by 62/2000 s 3(a), (b)

24.8.2000

s 11(3)

amended by 100/1978 s 5

14.8.1980

 

amended by 94/1987 Sch

17.12.1987

 

amended by 13/1996 s 4(b)—(d)

23.5.1996

s 11(4)

inserted by 62/2000 s 3(c)

24.8.2000

s 12

substituted by 94/1987 s 5

17.12.1987

s 12(1)

amended by 13/1996 s 5(a)

23.5.1996

 

amended by 62/2000 Sch

24.8.2000

s 12(2)

amended by 13/1996 s 5(b)

23.5.1996

 

amended by 62/2000 Sch

24.8.2000

s 12(3)

amended by 13/1996 s 5(c)

23.5.1996

 

substituted by 20/2005 s 9

23.6.2005

s 12(4)

amended by 84/2009 s 220

1.2.2010

s 13

substituted by 94/1987 s 6

17.12.1987

 

substituted by 62/2000 s 4

24.8.2000

s 13(1)

amended by 84/2009 s 221

1.2.2010

s 14

substituted by 94/1987 s 6

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

Pt 2 Div 2

substituted by 100/1978 s 6

14.8.1980

 

amended by 94/1987 s 7, Sch

17.12.1987

 

substituted by 13/1996 s 6

23.5.1996

s 19A

substituted by 84/2009 s 222

1.2.2010

s 19D

   

s 19D(2)

amended by 20/2005 s 10

23.6.2005

Pt 2 Div 2A

inserted by 13/1996 s 6

23.5.1996

s 19J

deleted by 84/2009 s 223

1.2.2010

s 19L

   

s 19L(2)

amended by 20/2005 s 11

23.6.2005

Pt 2 Div 2B

inserted by 13/1996 s 6

23.5.1996

s 19P

deleted by 84/2009 s 224

1.2.2010

Pt 2 Div 3

   

s 20

   

s 20(1)

amended by 94/1987 s 8(a)

17.12.1987

 

amended by 27/2004 s 14(1)

29.7.2004

s 20(2)

amended by 94/1987 Sch

17.12.1987

s 20(3)

amended by 94/1987 Sch

17.12.1987

 

substituted by 27/2004 s 14(2)

29.7.2004

s 20(4)

amended by 94/1987 Sch

17.12.1987

 

deleted by 27/2004 s 14(2)

29.7.2004

s 20(5)

amended by 94/1987 Sch

17.12.1987

 

amended by 20/2005 Sch 3

23.6.2005

s 20(6)

inserted by 94/1987 s 8(b)

17.12.1987

 

amended by 20/2005 Sch 3

23.6.2005

s 20(7)

inserted by 27/2004 s 14(3)

29.7.2004

s 21

substituted by 94/1987 s 9

17.12.1987

s 22

substituted by 94/1987 s 10

17.12.1987

s 22(1)

amended by 13/1996 s 7

23.5.1996

 

amended by 62/2000 s 5(a)

24.8.2000

s 22(1a)—(1c)

inserted by 62/2000 s 5(b)

24.8.2000

s 22(7)

amended by 62/2000 Sch

24.8.2000

s 22(8)

inserted by 27/2004 s 15

29.7.2004

s 23

amended by 19/1981 s 3

2.4.1981

 

substituted by 94/1987 s 11

17.12.1987

s 23(4)

amended by 13/1996 s 8(a)—(d)

23.5.1996

s 23(5)

amended by 62/2000 Sch

24.8.2000

s 23(5a)

inserted by 13/1996 s 8(e)

23.5.1996

 

amended by 62/2000 Sch

24.8.2000

s 24

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 12

17.12.1987

s 24(1)—(3)

amended by 62/2000 Sch

24.8.2000

s 24A

inserted by 62/2000 s 6

24.8.2000

s 25

substituted by 94/1987 s 13

17.12.1987

s 26

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 26A before deletion by 84/2009

inserted by 94/1987 s 14

17.12.1987

s 26A(1)

amended by 62/2000 s 7(a)

24.8.2000

s 26A(2)

amended by 62/2000 s 7(b)

24.8.2000

s 26A

deleted by 84/2009 s 225

1.2.2010

Pt 3

   

Pt 3 Div 1

   

s 27

   

s 27(2)

amended by 94/1987 Sch

17.12.1987

s 27(4)

amended by 20/2005 s 12

23.6.2005

s 27(6)

inserted by 27/2004 s 16

29.7.2004

s 28

   

s 28(1)

amended by 27/2004 s 17(1)

29.7.2004

s 28(1a)

inserted by 27/2004 s 17(2)

29.7.2004

s 28(3)

amended by 20/2005 s 13

23.6.2005

s 28(5)

inserted by 27/2004 s 17(3)

29.7.2004

s 28A

inserted by 27/2004 s 18

29.7.2004

Pt 3 Div 2

   

s 29

   

s 29(2)

amended by 94/1987 Sch

17.12.1987

s 29(4)

amended by 20/2005 s 14

23.6.2005

s 29(6)

inserted by 27/2004 s 19

29.7.2004

s 30

   

s 30(1)

amended by 27/2004 s 20(1)

29.7.2004

s 30(1a)

inserted by 27/2004 s 20(2)

29.7.2004

s 30(3)

amended by 20/2005 s 15

23.6.2005

s 30(5)

inserted by 27/2004 s 20(3)

29.7.2004

s 30A

inserted by 27/2004 s 21

29.7.2004

Pt 3 Div 3

   

s 31

   

s 31(2)

amended by 94/1987 Sch

17.12.1987

s 31(4)

substituted by 94/1987 s 15

17.12.1987

 

amended by 20/2005 s 16

23.6.2005

Pt 3 Div 4

   

s 33

   

s 33(2)

substituted by 94/1987 Sch

17.12.1987

s 33(4)

amended by 62/2000 Sch

24.8.2000

 

amended by 20/2005 s 17

23.6.2005

Pt 3 Div 4A

inserted by 94/1987 s 16

17.12.1987

s 34A

   

s 34A(3)

amended by 20/2005 s 18

23.6.2005

Pt 3 Div 4B

inserted by 13/1996 s 9

23.5.1996

Pt 3 Div 5

   

s 35

   

s 35(1)

amended by 35/1978 s 4

8.6.1978

 

amended by 27/2004 s 22(1)

29.7.2004

s 35(2)

substituted by 27/2004 s 22(2)

29.7.2004

s 35(2a)

inserted by 27/2004 s 22(3)

29.7.2004

s 35(3)

substituted by 94/1987 Sch

17.12.1987

 

substituted by 62/2000 s 8

24.8.2000

 

amended by 27/2004 s 22(4)

29.7.2004

s 35(4)

substituted by 62/2000 s 8

24.8.2000

 

amended by 27/2004 s 22(5)

29.7.2004

s 35(5)

inserted by 62/2000 s 8

24.8.2000

 

amended by 35/2003 Sch cl 14(c)

24.11.2003

 

amended by 27/2004 s 22(6)

29.7.2004

s 35(5a) and (5b)

inserted by 35/2003 Sch cl 14(d)

24.11.2003

s 35(6)

inserted by 62/2000 s 8

24.8.2000

 

amended by 27/2004 s 22(7)

29.7.2004

s 35(7) and (8)

inserted by 27/2004 s 22(8)

29.7.2004

s 36 before substitution by 27/2004

   

s 36(1)

amended by 35/1978 s 5

8.6.1978

s 36(2)

substituted by 94/1987 s 17

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 36

substituted by 27/2004 s 23

29.7.2004

s 37

   

s 37(1)

s 37 amended by 94/1987 s 18, Sch

17.12.1987

 

s 37 amended by 62/2000 Sch

24.8.2000

 

s 37 amended by 35/2003 Sch cl 14(e)

24.11.2003

 

s 37 amended by 27/2004 s 24

29.7.2004

 

s 37 redesignated as s 37(1) by 5/2005 Sch 2 (cl 43)

1.7.2005

s 37(2)

inserted by 5/2005 Sch 2 (cl 43)

1.7.2005

s 38

   

s 38(1)

substituted by 94/1987 Sch

17.12.1987

 

substituted by 27/2004 s 25(1)

29.7.2004

s 38(1a)

inserted by 27/2004 s 25(1)

29.7.2004

s 38(2)

amended by 27/2004 s 25(2)

29.7.2004

s 38(2a)

inserted by 54/1993 s 11

15.1.1994

 

amended by 35/2003 Sch cl 14(f), (g)

24.11.2003

 

substituted by 27/2004 s 25(3)

29.7.2004

s 38(3)

amended by 13/1996 s 10(a)

23.5.1996

 

amended by 27/2004 s 25(4), (5)

29.7.2004

s 38(4a)

inserted by 27/2004 s 25(6)

29.7.2004

s 38(6)

amended by 94/1987 s 19

17.12.1987

 

amended by 13/1996 s 10(b)

23.5.1996

s 38(7)

amended by 100/1978 s 7(a)

14.8.1980

 

amended by 94/1987 Sch

17.12.1987

 

amended by 13/1996 s 10(c)

23.5.1996

s 38(8)

amended by 100/1978 s 7(b), (c)

14.8.1980

 

amended by 13/1996 s 10(d)

23.5.1996

s 38(9)

amended by 100/1978 s 7(d)

14.8.1980

 

substituted by 94/1987 Sch

17.12.1987

 

amended by 13/1996 s 10(e)

23.5.1996

s 38(9a)

inserted by 27/2004 s 25(7)

29.7.2004

s 38(10)

substituted by 94/1987 Sch

17.12.1987

s 38(10a)

inserted by 13/1996 s 10(f)

23.5.1996

s 40

   

s 40(1)

s 40 amended and redesignated as s 40(1) by 94/1987 s 20

17.12.1987

s 40(2)

inserted by 94/1987 s 20(b)

17.12.1987

s 40A

inserted by 94/1987 s 21

17.12.1987

s 40A(1)—(3)

amended by 62/2000 Sch

24.8.2000

Pt 3 Div 6

heading substituted by 63/2003 s 4

29.7.2004

s 41

   

s 41(1)

substituted by 94/1987 s 22

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

 

amended by 35/2003 Sch cl 14(h)

24.11.2003

s 41(2)

substituted by 62/2000 Sch

24.8.2000

s 41A

inserted by 94/1987 s 23

17.12.1987

s 42

   

s 42(1a)

inserted by 27/2004 s 26(1)

29.7.2004

s 42(3)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 42(4)

amended by 94/1987 Sch

17.12.1987

s 42(5)

inserted by 27/2004 s 26(2)

29.7.2004

s 43

   

s 43(1)

amended by 94/1987 s 24(a)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 43(1a)

inserted by 94/1987 s 24(b)

17.12.1987

s 43(2)

amended by 94/1987 s 24(c)

17.12.1987

s 43(2a)

inserted by 94/1987 s 24(d)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 43(5)

amended by 62/2000 Sch

24.8.2000

s 43(7)

inserted by 27/2004 s 27

29.7.2004

s 43A

inserted by 94/1987 s 25

17.12.1987

s 43A(1)—(5)

amended by 62/2000 Sch

24.8.2000

s 43A(6)

substituted by 62/2000 Sch

24.8.2000

s 43A(7)

inserted by 62/2000 Sch

24.8.2000

s 43AB

inserted by 63/2003 s 5

29.7.2004

s 43B

inserted by 94/1987 s 25

17.12.1987

s 43B(1)

amended by 62/2000 Sch

24.8.2000

s 43B(3)

inserted by 63/2003 s 6

29.7.2004

s 43C

inserted by 13/1996 s 11

23.5.1996

s 43C(1)

s 43C amended and redesignated as s 43C(1) by 62/2000 s 9(a), (b)

24.8.2000

 

amended by 27/2004 s 28(1)

29.7.2004

s 43C(2)

inserted by 62/2000 s 9(b)

24.8.2000

 

amended by 27/2004 s 28(2)

29.7.2004

s 43C(3)

inserted by 27/2004 s 28(3)

29.7.2004

Pt 3 Div 6A

inserted by 27/2004 s 29

29.7.2004

Pt 3 Div 7

   

s 44

   

s 44(1a)

inserted by 13/1996 s 12

23.5.1996

s 44(3)

inserted by 94/1987 s 26

17.12.1987

owner

substituted by 20/2009 Sch 1 cl 2(1)

1.6.2010

s 44(4)

inserted by 20/2009 Sch 1 cl 2(2)

1.6.2010

s 45

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 27

17.12.1987

s 45(1)

amended by 62/2000 Sch

24.8.2000

Pt 3A

inserted by 35/1978 s 6

8.6.1978

Pt 3A Div 1

heading inserted by 62/2000 s 10

24.8.2000

s 45A

   

s 45A(1)

s 45A redesignated as s 45A(1) by 27/2004 s 30

29.7.2004

Bookmark Biosphere Trust

inserted by 54/1998 s 2

3.9.1998

 

deleted by 20/2005 s 19(1)

23.6.2005

General Reserves Trust

inserted by 62/2000 s 11

24.8.2000

Man and the Biosphere Program

inserted by 54/1998 s 2

3.9.1998

 

deleted by 20/2005 s 19(2)

23.6.2005

s 45A(2)

inserted by 27/2004 s 30

29.7.2004

s 45B

   

s 45B(2)

amended by 62/2000 s 12

24.8.2000

s 45BA

inserted by 62/2000 s 13

24.8.2000

s 45D

   

s 45D(2) and (4)

substituted by 94/1987 Sch

17.12.1987

s 45D(5)

amended by 62/2000 Sch

24.8.2000

s 45E

   

s 45E(1)

amended by 62/2000 Sch

24.8.2000

s 45E(2)

substituted by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 45E(3)

amended by 62/2000 Sch

24.8.2000

s 45F

   

s 45F(1)

amended by 13/1996 s 13(a)

23.5.1996

 

amended by 54/1998 s 3(a)

3.9.1998

 

amended by 62/2000 s 14(a)

24.8.2000

s 45F(1a)

inserted by 54/1998 s 3(b)

3.9.1998

 

deleted by 20/2005 s 20

23.6.2005

s 45F(1b)

inserted by 62/2000 s 14(b)

24.8.2000

s 45F(2a)

inserted by 13/1996 s 13(b)

23.5.1996

s 45F(2b)—(2d)

inserted by 62/2000 s 14(c)

24.8.2000

s 45H

   

s 45H(2)

substituted by 62/2000 Sch

24.8.2000

s 45I

substituted by 54/1998 s 4

3.9.1998

s 45J

   

s 45J(3)

amended by 62/2000 Sch

24.8.2000

s 45K

amended by 94/1987 Sch

17.12.1987

 

deleted by 62/2000 s 15

24.8.2000

Pt 3A Div 2

inserted by 62/2000 s 16

24.8.2000

Pt 4

heading amended by 94/1987 s 28

17.12.1987

s 46

   

s 46(2)

amended by 94/1987 s 29

1.7.1988

s 47

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 30

1.7.1988

s 47(1)

amended by 28/1992 Sch 1

25.6.1992

s 47(3)

amended by 62/2000 Sch

24.8.2000

s 47(4)

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 48

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 31

17.12.1987

s 48(1)

amended by 62/2000 Sch

24.8.2000

s 48A

inserted by 94/1987 s 32

1.7.1988

s 48A(1)

amended by 62/2000 Sch

24.8.2000

s 49

substituted by 94/1987 s 33

17.12.1987

s 49A

inserted by 13/1996 s 14

23.5.1996

Pt 5

   

Pt 5 Div 2

   

s 51

   

s 51(1)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 34

17.12.1987

 

amended by 45/1993 s 4

1.8.1993

 

amended by 62/2000 Sch

24.8.2000

 

amended by 5/2005 Sch 2 (cl 44)

4.6.2005

s 51(1a)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

deleted by 94/1987 s 34

17.12.1987

s 51A

inserted by 13/1996 s 15

23.5.1996

 

expired: s 51A(7)

(23.5.2000)

 

inserted by 62/2000 s 17

24.8.2000

 

expired: s 51A(9)—omitted under Legislation Revision and Publication Act 2002

(24.8.2005)

s 52

substituted by 94/1987 s 35

17.12.1987

s 52(1)

amended by 13/1996 s 16(a)

23.5.1996

s 52(2)

amended by 28/1992 Sch 1

25.6.1992

s 52(3)

amended by 13/1996 s 16(b)

23.5.1996

s 53

   

s 53(1)

amended by 94/1987 s 36, Sch

17.12.1987

s 53(2)

amended by 94/1987 Sch

17.12.1987

s 53(4)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 53(6)

amended by 94/1987 Sch

17.12.1987

s 53A

inserted by 62/2000 s 18

24.8.2000

Pt 5 Div 3

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 37

1.7.1988

s 55

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

Pt 5 Div 4

   

s 58

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 38

17.12.1987

s 58(1)—(3)

amended by 62/2000 Sch

24.8.2000

s 58(4a)

inserted by 62/2000 s 19

24.8.2000

s 58(9)

deleted by 13/1996 s 17

23.5.1996

s 58A

inserted by 94/1987 s 38

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 59

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

substituted by 13/1996 s 18

23.5.1996

s 60

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 39

17.12.1987

s 60(1)

amended by 45/1993 s 5

1.8.1993

 

amended by 62/2000 Sch

24.8.2000

 

amended by 5/2005 Sch 2 (cl 45)

4.6.2005

Pt 5 Div 4A

inserted by 45/1993 s 6

1.8.1993

s 60A

deleted by 13/1996 s 19

23.5.1996

s 60B

   

animal

inserted by 13/1996 s 20(a)

23.5.1996

commercial farming of protected animals

inserted by 13/1996 s 20(b)

23.5.1996

trial farming of protected animals

inserted by 13/1996 s 20(b)

23.5.1996

s 60BA

inserted by 13/1996 s 21

23.5.1996

s 60C

   

s 60C(2)

amended by 13/1996 s 22(a)

23.5.1996

s 60C(3)

amended by 13/1996 s 22(b)

23.5.1996

s 60C(4)

substituted by 13/1996 s 22(c)

23.5.1996

s 60C(6)

amended by 13/1996 s 22(d)

23.5.1996

s 60D

   

s 60D(1a)

inserted by 13/1996 s 23(a)

23.5.1996

s 60D(4)

amended by 62/2000 Sch

24.8.2000

s 60D(5)

substituted by 13/1996 s 23(b)

23.5.1996

s 60D(5a)

inserted by 13/1996 s 23(b)

23.5.1996

s 60D(6)

amended by 62/2000 Sch

24.8.2000

s 60D(9)

inserted by 13/1996 s 23(c)

23.5.1996

Pt 5 Div 4B

inserted by 13/1996 s 24

23.5.1996

s 60I

   

s 60I(3) and (6)

amended by 62/2000 Sch

24.8.2000

s 60I(7)

substituted by 20/2005 s 21

23.6.2005

s 60I(7a)

inserted by 20/2005 s 21

23.6.2005

Pt 5 Div 5

   

s 61

amended by 13/1996 s 25

23.5.1996

 

substituted by 62/2000 s 20

24.8.2000

s 62

   

s 62(2)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 62(4) and (5)

amended by 13/1996 s 26

23.5.1996

Pt 5 Div 6

   

s 64

   

s 64(1)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 s 40(a), Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 64(3) and (4)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 64(5)

substituted by 94/1987 Sch

17.12.1987

s 64(6)

inserted by 94/1987 s 40(b)

17.12.1987

owner

amended by 62/2000 Sch

24.8.2000

s 65

   

s 65(1) and (2)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 Sch

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 66

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 41

17.12.1987

s 66(2)

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 68

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

substituted by 45/1993 s 7

1.8.1993

s 68(1)

amended by 62/2000 s 21(a), Sch

24.8.2000

 

amended by 5/2005 Sch 2 (cl 46)

4.6.2005

s 68(3)

inserted by 62/2000 s 21(b)

24.8.2000

Pt 5A

   

Pt 5A Div 1

heading inserted by 94/1987 s 42

17.12.1987

s 68A

   

s 68A(1)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 68A(3)

deleted by 62/2000 s 22

24.8.2000

 

inserted by 5/2005 Sch 2 (cl 47)

4.6.2005

s 68A(4)

amended by 94/1987 Sch

17.12.1987

s 68A(5)

amended by 94/1987 s 43

17.12.1987

s 68B

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 44

17.12.1987

s 68B(1), (3) and (4)

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 68B(6)

   

owner

amended by 62/2000 Sch

24.8.2000

Pt 5A Div 2

inserted by 94/1987 s 45

17.12.1987

 

heading amended by 27/2004 s 31

29.7.2004

s 68C

   

s 68C(1)

deleted by 27/2004 s 32

29.7.2004

s 68D

   

s 68D(1) and (2)

amended by 28/1992 Sch 1

25.6.1992

 

amended by 27/2004 s 33(1)

29.7.2004

s 68D(3)

amended by 28/1992 Sch 1

25.6.1992

 

amended by 27/2004 s 33(1), (2)

29.7.2004

s 68D(4)

amended by 28/1992 Sch 1

25.6.1992

 

amended by 27/2004 s 33(1), (3)

29.7.2004

s 68D(5a)

inserted by 27/2004 s 33(4)

29.7.2004

s 68E

amended by 27/2004 s 34

29.7.2004

Pt 6

   

s 69

   

s 69(1)

amended by 27/2004 s 35(1)

29.7.2004

s 69(2)

amended by 94/1987 Sch

17.12.1987

 

amended by 27/2004 s 35(1)

29.7.2004

s 69(2a)

inserted by 13/1996 s 27

23.5.1996

 

amended by 27/2004 s 35(1), (2)

29.7.2004

s 69(2b)

inserted by 35/2003 Sch cl 14(i)

24.11.2003

s 69(2c)

inserted by 35/2003 Sch cl 14(i)

24.11.2003

 

amended by 27/2004 s 35(1)

29.7.2004

 

amended by 20/2005 Sch 3

23.6.2005

s 69(2d) and (2e)

inserted by 5/2005 Sch 2 (cl 48)

1.7.2005

s 69(3) and (4)

amended by 27/2004 s 35(1)

29.7.2004

s 69(4a)

inserted by 62/2000 s 23(a)

24.8.2000

s 69(5)

substituted by 94/1987 Sch

17.12.1987

s 69(6) and (7)

inserted by 62/2000 s 23(b)

24.8.2000

 

amended by 27/2004 s 35(1)

29.7.2004

s 69(8)

inserted by 27/2004 s 35(3)

29.7.2004

s 70

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 s 46

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 s 24, Sch

24.8.2000

s 70A

inserted by 62/2000 s 25

24.8.2000

s 70A(1)

substituted by 20/2005 s 22

23.6.2005

s 70A(2)

amended by 27/2004 s 36

29.7.2004

s 71

   

s 71(1)

amended by 94/1987 Sch

17.12.1987

 

amended by 27/2004 s 37(1)

29.7.2004

s 71(3)

inserted by 27/2004 s 37(2)

29.7.2004

s 72

   

s 72(1)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 Sch

17.12.1987

 

amended by 13/1996 s 28

23.5.1996

 

substituted by 62/2000 s 26(a)

24.8.2000

s 72(1a)

inserted by 62/2000 s 26(a)

24.8.2000

s 72(2)

amended by 62/2000 s 26(b)

24.8.2000

s 73

   

s 73(1)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

amended by 94/1987 s 47, Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

s 73(2)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 Sch

17.12.1987

 

amended by 71/1992 s 3(1) (Sch)

1.3.1993

 

amended by 62/2000 Sch

24.8.2000

 

deleted by 20/2005 s 23

23.6.2005

s 73A

inserted by 62/2000 s 27

24.8.2000

s 74

   

s 74(2)

amended by 19/1981 s 4 (Sch)

2.4.1981

 

substituted by 94/1987 Sch

17.12.1987

s 74A

inserted by 28/1992 Sch 1

25.6.1992

s 75

   

s 75(2)

amended by 28/1992 Sch 1

25.6.1992

s 75A

inserted by 94/1987 s 48

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

 

amended by 34/2004 Sch 4 cl 23

1.7.2005

s 76

deleted by 62/2000 s 28

24.8.2000

s 78

   

s 78(1)

amended by 94/1987 s 49(a)

17.12.1987

s 78(2)

amended by 94/1987 s 49(b)

17.12.1987

 

amended by 62/2000 Sch

24.8.2000

s 79

substituted by 94/1987 s 50

17.12.1987

s 79(1)

amended by 62/2000 Sch

24.8.2000

 

amended by 27/2004 s 38(1)

29.7.2004

s 79(2)

amended by 27/2004 s 38(2)

29.7.2004

s 79A

inserted by 94/1987 s 50

17.12.1987

 

deleted by 62/2000 s 29

24.8.2000

s 80

   

s 80(1)

amended by 94/1987 Sch

17.12.1987

s 80(2)

amended by 94/1987 s 51(a)—(d)

17.12.1987

 

amended by 34/1996 s 4 (Sch cl 25)

3.2.1997

 

amended by 62/2000 s 30(a), Sch

24.8.2000

 

amended by 20/2005 s 24(1), (2)

23.6.2005

s 80(2a)

inserted by 94/1987 s 51(e)

17.12.1987

 

substituted by 13/1996 s 29

23.5.1996

s 80(2b)

inserted by 62/2000 s 30(b)

24.8.2000

s 80(4)

inserted by 62/2000 s 30(c)

24.8.2000

s 81

inserted by 62/2000 s 31

24.8.2000

Schs 1 and 2

deleted in pursuance of the Acts Republication Act 1967 as their function is now exhausted

11.7.1988

Sch 3

heading substituted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Sch 4

heading substituted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Sch 5

heading substituted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Sch 6

heading substituted by 44/2003 s 3(1) (Sch 1)

24.11.2003

Sch 7

substituted by 94/1987 s 52

17.12.1987

 

amended by 57/1991 r 3

16.5.1991

 

substituted by 62/2000 s 32

24.8.2000

Pt 1

amended by 16/2008 r 4(1)

21.2.2008

Pt 2

amended by 16/2008 r 4(2)

21.2.2008

Sch 8

substituted by 54/1981 s 2

25.6.1981

 

substituted by 94/1987 s 52

17.12.1987

 

amended by 57/1991 r 4

16.5.1991

 

substituted by 62/2000 s 32

24.8.2000

Pt 1

amended by 16/2008 r 5(1)

21.2.2008

Pt 2

amended by 16/2008 r 5(2)

21.2.2008

Sch 9

substituted by 94/1987 s 52

17.12.1987

 

amended by 57/1991 r 5

16.5.1991

 

substituted by 62/2000 s 32

24.8.2000

Pt 1

amended by 16/2008 r 6(1)

21.2.2008

Pt 2

amended by 16/2008 r 6(2)

21.2.2008

Sch 10

amended by 62/2000 s 33

24.8.2000

Sch 11

inserted by 45/1993 s 8

1.8.1993

Transitional etc provisions associated with Act or amendments

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5—Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Historical versions

Reprint—11.7.1988

 

Reprint No 1—1.10.1991

 

Reprint No 2—25.6.1992

 

Reprint No 3—1.3.1993

 

Reprint No 4—1.8.1993

 

Reprint No 5—15.1.1994

 

Reprint No 6—23.5.1996

 

Reprint No 7—3.2.1997

 

Reprint No 8—3.9.1998

 

Reprint No 9—24.8.2000

 

Reprint No 10—4.5.2002

 

Reprint No 11—24.11.2003

 

22.7.2004 (electronic only)

 

29.7.2004

 

4.6.2005

 

23.6.2005 (electronic only)

 

1.7.2005

 

21.2.2008

 

1.2.2010

 



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