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Australia, Tasmania

Tasmania Nature Conservation Act 2002

Statute Details
Printable Version
Citation: Nature Conservation Act 2002 No. 63 of 2002 31.12.2002



Last Checked by Web Center Staff: 07/10

Summary:  

An Act to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State,  to provide for the declaration of national parks and other reserved land and for related purposes.



Statute in Full:

  An Act to make provision with respect to the conservation and
   protection of the fauna, flora and geological diversity of the State,
   to provide for the declaration of national parks and other reserved
   land and for related purposes
  

[Royal Assent 19 December 2002]
   
   Be it enacted by His Excellency the Governor of Tasmania, by and with
   the advice and consent of the Legislative Council and House of
   Assembly, in Parliament assembled, as follows:
   
                            PART 1 - Preliminary
   
   1. Short title
   
   This Act may be cited as the  Nature Conservation Act 2002.
   
   2. Commencement
   
   This Act commences on the day on which the  National Parks and
   Reserves Management Act 2002  commences.
  
    3. Interpretation
  
          (1)  In this Act, unless the contrary intention appears -
  
      "authorised officer"  means -
    
      (a)  a police officer; and
    
      (b)  a ranger;
    
      "biological diversity"  means the variety of -
    
      (a)  plants, animals and micro-organisms; and
    
      (b)  the genes contained in plants, animals and micro-organisms;
     and
    
      (c)  the ecosystems of which plants, animals and micro-organisms
     form part;
    
      "cat"  means a member of the species  Felis catus ;
    
      "class" , in relation to reserved land, means the class referred
     to in section 16 that the reserved land is declared to be under
     section 11, 12, 13, 14 or 15;
    
      "Commission"  means the Tasmanian Planning Commission established
     under section 4 of the  Tasmanian Planning Commission Act 1997 ;
    
      "conservation area"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of conservation area; and
    
      (b)  any land taken to have been so declared;
    
      "conservation purpose"  means -
    
      (a)  any purpose specified in Column 3 of Schedule 1; or
    
      (b)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of any reserved
     land;
    
      "container"  includes any wrapping;
    
      "conveyance"  means any vehicle, vessel or aircraft, or any other
     contrivance intended for the carriage of persons or goods over land
     or water or in the air;
    
      "Crown land"  means any land vested in the Crown (whether or not
     subject to any private right) other than land vested in the Crown
     that is contracted to be granted in fee simple;
    
      "dingo"  means a member of the subspecies  Canis familiaris
     dingo ;
    
      "Director"  means the Director of National Parks and Wildlife
     appointed under the  National Parks and Reserves Management Act
     2002 ;
    
      "dog"  means a member of the species  Canis familiaris ;
    
      "domestic stock"  means the animals, or the species of animals,
     prescribed by the regulations to be domestic stock;
    
      "ferret"  means a member of the species  Mustela putorius ;
    
      "fox"  means a member of the genus  Vulpes ;
    
      "game"  means the forms of wildlife that are specified as partly
     protected wildlife in the wildlife regulations and whose taking is
     subject to licensing under those regulations;
    
      "game reserve"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of game reserve; and
    
      (b)  any land taken to have been so declared;
    
      "geological diversity"  means the natural range of geological,
     geomorphological and soil features, assemblages, systems and
     processes;
    
      "historic site"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of historic site; and
    
      (b)  any land taken to have been so declared;
    
      "hunting equipment"  means any weapon, implement, apparatus or
     material which -
    
      (a)  is capable of being used for the taking of any wildlife or a
     product of any wildlife; or
    
      (b)  is incapable of being so used only by reason of -
    
      (i)  the absence of, or a defect in, a part; or
    
      (ii)  the presence of an obstruction;
    
      "land"  includes -
    
      (a)  land covered by the sea or other waters; and
    
      (b)  the part of the sea or those waters covering that land;
    
      "leased reserve"  means an area of land held on lease under
     section 15;
    
      "management agreement" , in relation to any private land, means an
     agreement entered into under section 25;
    
      "management objectives" , in relation to any class of reserved
     land, has the same meaning as in the  National Parks and Reserves
     Management Act 2002 ;
    
      "managing authority" , when used in relation to any reserved land,
     has the same meaning as in the  National Parks and Reserves
     Management Act 2002 ;
    
      "Minister for Crown Lands"  means the Minister for the time being
     administering the  Crown Lands Act 1976 ;
    
      "mink"  means a member of the species  Mustela vison  or  Mustela
     lutreola ;
    
      "national park"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of national park; and
    
      (b)  any land taken to have been so declared;
    
      "nature recreation area"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of nature recreation area; and
    
      (b)  any land taken to have been so declared;
    
      "nature reserve"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of nature reserve; and
    
      (b)  any land taken to have been so declared;
    
      "Nomenclature Board"  means the Nomenclature Board established by
     the  Survey Co-ordination Act 1944 ;
    
      "owner"  means -
    
      (a)  in the case of land vested in the Crown which is contracted
     to be granted in fee simple, the person to whom it is so
     contracted; and
    
      (b)  in any other case, the person who, under the  Land
     Acquisition Act 1993  or otherwise, is entitled to sell, convey or
     surrender a freehold estate in that land to the Crown;
    
      "partly protected wildlife"  means the species of wildlife
     prescribed by the regulations as partly protected wildlife;
    
      "plant"  means -
    
      (a)  a form of vegetation; and
    
      (b)  an organism belonging to the vegetable kingdom; and
    
      (c)  a fruit; and
    
      (d)  a seed; and
    
      (e)  a product of a plant; and
    
      (f)  a part of a plant -
    
     whether that plant is alive or dead or whether or not capable of
     growth;
    
      "prescribed body" , in relation to the management of reserved
     land, has the same meaning as in the  National Parks and Reserves
     Management Act 2002 ;
    
      "private land"  means land other than Crown land or land vested in
     a public authority;
    
      "private nature reserve"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of private nature reserve; and
    
      (b)  any land taken to have been so declared;
    
      "private right" , in relation to Crown land, means any estate,
     interest or right (not being an interest arising under a contract
     for the grant of an estate in fee simple) pursuant to which its
     holder has one or more of the following rights:
    
      (a)  the right to occupy or use that land;
    
      (b)  the right to carry out any operations on that land;
    
      (c)  the right to take any products of, or materials in or on,
     that land, including materials beneath the surface of that land;
    
      "private sanctuary"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of private sanctuary; and
    
      (b)  any land taken to have been so declared;
    
      "products" , in relation to wildlife, has the meaning given by
     subsection (2);
    
      "protected plant"  means a plant prescribed as a protected plant
     under section 27;
    
      "public authority"  means -
    
      (a)  a council within the meaning of the  Local Government Act
     1993 ; and
    
      (b)  another body corporate established by an enactment having
     jurisdiction limited to a district, locality or part of the State;
     and
    
      (c)  a statutory authority;
    
      "public reserve"  has the same meaning as in the  Crown Lands Act
     1976 ;
    
      "purposes of reservation"  in relation -
    
      (a)  to any reserved land, means the purposes for which that land
     was reserved; or
    
      (b)  to any class of reserved land, means the purposes of
     reservation specified in Schedule 1 in relation to that class;
    
      "ranger"  means a person appointed as a ranger, or authorised to
     perform the functions and exercise the powers of a ranger, under
     section 8;
    
      "Recorder"  means the Recorder of Titles;
    
      "regional reserve"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of regional reserve; and
    
      (b)  any land taken to have been so declared;
    
      "regulations"  means regulations made and in force under
     section 76;
    
      "reserved"  means set aside or acquired for a conservation
     purpose;
    
      "reserved land"  means -
    
      (a)  any land declared under this Act to be reserved land; and
    
      (b)  any land taken to have been so declared;
    
      "resource management and planning system objectives"  means the
     objectives of the resource management and planning system of
     Tasmania as set out in Schedule 2;
    
      "statutory authority"  means an incorporated or unincorporated
     body which is established, constituted or continued by or under an
     Act or under the royal prerogative, being a body which, or of which
     the governing authority, wholly or partly comprises a person or
     persons appointed by the Governor, a Minister of the Crown or
     another statutory authority;
    
      "Secretary"  means the Secretary of the Department;
    
      "special advisory committee"  means a special advisory committee
     established under section 9;
    
      "State reserve"  means -
    
      (a)  any land declared under this Act to be reserved land in the
     class of State reserve; and
    
      (b)  any land taken to have been so declared;
    
      "statutory power"  means -
    
      (a)  a power under an enactment, other than this Act, for -
    
      (i)  the reservation or dedication of Crown land for any purpose;
     or
    
      (ii)  the alienation of, or the grant of private rights in or
     over, any such land; or
    
      (iii)  the carrying out of any works or other operations on any
     such land; and
    
      (b)  a power that, under an enactment other than this Act, may be
     exercised by a public authority in relation to land vested in it;
    
      "trust land"  means Crown land subject to a trust under
     section 23;
    
      "wildlife"  means any living creature other than -
    
      (a)  a dog or cat; and
    
      (b)  domestic stock; and
    
      (c)  fish, within the meaning of the  Living Marine Resources
     Management Act 1995 ; and
    
      (d)  an animal that -
    
      (i)  is being farmed under and in accordance with the  Animal
     Farming (Registration) Act 1994 ; or
    
      (ii)  has been so farmed and is legally in the possession of any
     person;
    
      "wildlife regulations"  means regulations made for the purposes of
     Part 4 in respect of the matters referred to in sections 26, 27 and
     28;
    
      "wolf"  means a member of the genus  Canis , other than  Canis
     familiaris .
    
          (2)  A reference in this Act to the products of any form of
   wildlife includes a reference to -
  
      (a)  the dead bodies, and parts of the dead bodies, of that form
     of wildlife; and
    
      (b)  any material or thing obtained from the bodies or dead bodies
     of that form of wildlife; and
    
      (c)  any eggs of that form of wildlife; and
    
      (d)  any nests of that form of wildlife.
    
          (3)  For the purposes of this Act, a form of wildlife may be
   described by reference to any one or more of the following matters:
  
      (a)  the species, type or other classification by which it may be
     described or identified;
    
      (b)  its sex, age or condition;
    
      (c)  any of its attributes or characteristics.
    
          (4)  For the purposes of this Act, a plant may be described by
   reference to any one or more of the following matters:
  
      (a)  the species, type or other classification by which it may be
     described or identified;
    
      (b)  any of its attributes or characteristics.
    
          (5)  A reference in this Act to the taking of any wildlife or
   to the taking of a form of wildlife that is game includes a reference
   to the killing, destroying, hunting, pursuing, catching, shooting,
   netting, snaring or injuring that wildlife or that form of wildlife.
  
          (6)  A reference in this Act to the taking of a product of any
   wildlife includes a reference to the carrying out of any operation -
  
      (a)  for the purpose of obtaining that product; or
    
      (b)  that has the effect of destroying or damaging that product.
    
          (7)  A reference in this Act to the taking of any plant
   includes a reference -
  
      (a)  to the destroying or damaging of that plant; and
    
      (b)  to the taking, destroying or damaging of any fruit, seeds,
     product or part of the plant.
    
          (8)  A reference in this Act to the taking of any thing
   includes a reference to attempting to take, or assisting in the taking
   of, that thing.
  
          (9)  A reference in this Act to selling includes a reference to
   any disposal by way of trade.
  
          (10)  A reference in this Act to buying includes a reference -
  
      (a)  to receiving or accepting under a contract to sell; and
    
      (b)  to offering to receive or accept under a contract to sell;
     and
    
      (c)  to causing or suffering to be received or accepted under a
     contract to sell.
    
          (11)  For the purposes of this Act, a person is taken to have a
   thing in his or her possession -
  
      (a)  if it is in his or her possession, or under his or her
     control, in any place or conveyance, whether for the use or benefit
     of the person or another person; or
    
      (b)  if it is -
    
      (i)  in or on any place or conveyance occupied, controlled or used
     by him or her; or
    
      (ii)  used or controlled by him or her in or on any place or
     conveyance -
    
     even though another person has the actual possession or custody of
     the thing, unless the person proves that he or she had no knowledge
     of that thing.
    
          (12)  Unless the contrary intention appears, a reference in
   this Act to a thing includes a reference to a living thing.
  
    4. Act binds Crown
  
          (1)  This Act binds the Crown in right of Tasmania and, so far
   as the legislative power of Parliament permits, in all its other
   capacities.
  
          (2)  Nothing in this Act renders the Crown in right of Tasmania
   liable to be prosecuted for an offence against this Act.
  
    5. Compliance with resource management and planning system objectives
  
   In exercising any powers or performing any functions under this Act, a
   person is to have regard to the resource management and planning
   system objectives.
  
                           PART 2 - Administration
  
    6. Functions of the Secretary
  
          (1)  Subject to this Act, the Secretary has the following
   functions:
  
      (a)  keeping the setting aside of land for conservation purposes
     under review;
    
      (b)  promoting conservation purposes in relation to the use or
     development of land generally;
    
      (c)  carrying out, or arranging for the carrying out of, research
     and other activities that appear to the Secretary to be desirable
     in connection with the administration of this Act or the
     conservation of the fauna, flora or geological diversity of the
     State;
    
      (d)  carrying out, or promoting the carrying out of, educational
     activities, and providing and disseminating information, related to
     the conservation of the fauna, flora or geological diversity of the
     State or other matters arising in connection with the
     administration of this Act;
    
      (e)  giving advice and assistance to managing authorities for
     reserved lands;
    
      (f)  contributing to the preparation of management plans for
     reserved lands under the  National Parks and Reserves Management
     Act 2002 ;
    
      (g)  providing effective means for the enforcement of the
     regulations;
    
      (h)  negotiating conservation covenants and carrying out
     functions, as agreed by the Secretary, in relation to land which
     is, or becomes, the subject of a conservation covenant.
    
          (2)  The Minister may give directions to the Secretary with
   respect to the carrying out of his or her functions under this Act
   and, in carrying out those functions, the Secretary is to comply with
   any such directions.
  
          (3)  The Minister must not give a direction under
   subsection (2) with respect to the making by the Secretary of any
   recommendation required under any provision of this Act.
  
    7. Arrangements in respect of National Parks and Reserves Management
   Act 2002
  
          (1)  The Secretary may enter into arrangements with the
   Director for the purpose of furthering the objectives of the  National
   Parks and Reserves Management Act 2002 .
  
          (2)  An arrangement may be made with respect to one or more of
   the following matters:
  
      (a)  the provision of staff and other resources;
    
      (b)  any other matter.
    
    8. Rangers
  
          (1)  The Secretary may appoint a State Service officer or State
   Service employee employed in the Department to be a ranger and that
   officer or employee may hold that office in conjunction with State
   Service employment.
  
          (2)  The Secretary, with the consent of another Head of a State
   Service Agency, may appoint a State Service officer or State Service
   employee employed in that Agency to be a ranger and that officer or
   employee may hold that office in conjunction with State Service
   employment.
  
          (3)  The Secretary may authorise a person who is not a State
   Service officer or State Service employee to perform the functions and
   exercise the powers of a ranger.
  
          (4)  An appointment as a ranger under subsection (1) or (2), or
   an authorisation under subsection (3), may be limited to the land, or
   the part of the State, specified in the appointment or authorisation.
  
          (5)  A ranger appointed under subsection (1) or (2), or
   authorised under subsection (3), in respect of particular land or a
   particular part of the State is not to perform the functions or
   exercise the powers of a ranger under this Act in respect of any other
   land or part of the State.
  
    9. Special advisory committees
  
          (1)  The Minister, by order, may establish special advisory
   committees for the purpose of -
  
      (a)  advising the Minister on such matters in relation to the
     administration of this Act as are specified in the order; or
    
      (b)  advising the Secretary on such matters arising in relation to
     the performance of his or her functions under this Act as are
     specified in the order.
    
          (2)  An order -
  
      (a)  may specify the number of members of the special advisory
     committee to which it relates; and
    
      (b)  subject to this section, may contain provisions -
    
      (i)  regulating the appointment of members of the committee; and
    
      (ii)  regulating the proceedings of that committee; and
    
      (iii)  giving the Secretary, or a person nominated by the
     Secretary, the right to attend meetings of that committee.
    
          (3)  The members of a special advisory committee are appointed
   by the Minister and the Minister may appoint a member of the committee
   as its chairperson.
  
          (4)  At a meeting of a special advisory committee, the
   chairperson or, if the chairperson is absent or there is no
   chairperson, another member present and chosen by the members present
   is to preside.
  
          (5)  The chairperson or other member presiding at a meeting of
   a special advisory committee has a deliberative vote only and, in the
   event of an equality of votes on any matter before a meeting of the
   committee, the matter stands adjourned to the next meeting of the
   committee.
  
          (6)  At any meeting of a special advisory committee, a quorum
   is constituted if at least half the total number of members of the
   committee is present.
  
          (7)  Subject to this Act, the Minister may make arrangements to
   make available to a special advisory committee such accommodation and
   assistance as it may require.
  
          (8)  The members of a special advisory committee are to be paid
   such travelling and other allowances as the Governor determines.
  
                 PART 3 - Reservation and Acquisition of Land
  
    10. Secretary to consult with Director
  
   Before making a recommendation to the Minister in relation to the
   acquisition or lease of land for a conservation purpose, or for the
   declaration, naming or revocation of any reserved land, the Secretary
   is to consult with the Director.
  
    11. Declaration of Crown land as reserved land
  
          (1)  In this section,
  
      "Crown land"  does not include Crown land that is also -
    
      (a)  State forest within the meaning of the  Forestry Act 1920 ;
     or
    
      (b)  a public reserve.
    
          (2)  If the Governor is of the opinion that any Crown land
   should be set aside for a conservation purpose, the Governor, by
   proclamation, may -
  
      (a)  declare that land to be reserved land in one of the following
     classes:
    
      (i)  national park;
    
      (ii)  State reserve;
    
      (iii)  nature reserve;
    
      (iv)  game reserve;
    
      (v)  conservation area;
    
      (vi)  nature recreation area;
    
      (vii)  regional reserve;
    
      (viii)  historic site; and
    
      (b)  give a name to that reserved land.
    
          (3)  Any name given to reserved land under subsection (2) is
   to -
  
      (a)  include the name of the class of that reserved land; and
    
      (b)  be given on the recommendation of the Minister after
     consultation with the Nomenclature Board.
    
          (4)  A proclamation under subsection (2) may only be made
   declaring land to be reserved land in a class if the land satisfies
   the criteria relating to that class set out in section 16.
  
          (5)  Subject to any proclamation made under section 21, any
   area of reserved land in a class referred to in subsection (2)(a)
   remains reserved land of that class despite any subsequent disposition
   of the land or any other dealing in that land.
  
    12. Declaration of private land as reserved land
  
          (1)  If the Governor is of the opinion that any private land
   should be set aside for a conservation purpose, the Governor, by
   proclamation, may -
  
      (a)  declare that land to be reserved land in one of the following
     classes:
    
      (i)  private sanctuary;
    
      (ii)  private nature reserve; and
    
      (b)  give a name to that reserved land.
    
          (2)  Any name given to reserved land under subsection (1) is
   to -
  
      (a)  include the name of the class of that reserved land; and
    
      (b)  be given on the recommendation of the Minister after
     consultation with the Nomenclature Board.
    
          (3)  A proclamation under subsection (1) may only be made
   declaring land to be reserved land in a class if the land satisfies
   the criteria relating to that class set out in section 16.
  
          (4)  A proclamation may only be made under subsection (1) if
   the owner of the land has consented.
  
          (5)  Subject to any proclamation made under section 21, any
   area of reserved land in the class of private sanctuary or private
   nature reserve remains reserved land of that class despite any
   subsequent disposition of the land or any other dealing in the land.
  
          (6)  A proclamation made under subsection (1) does not have
   effect until it is registered in accordance with section 22.
  
    13. Declaration of land vested in public authority as reserved land
  
          (1)  In this section,
  
      "land vested in a public authority"  does not include Crown land
     that is also -
    
      (a)  State forest within the meaning of the  Forestry Act 1920 ;
     or
    
      (b)  a public reserve.
    
          (2)  If the Governor is of the opinion that any land vested in
   a public authority should be set aside for a conservation purpose, the
   Governor, by proclamation, may -
  
      (a)  declare that land to be reserved land in the class of
     conservation area; and
    
      (b)  give a name to that reserved land.
    
          (3)  Any name given to reserved land under subsection (2) is
   to -
  
      (a)  include the name of the class of that reserved land; and
    
      (b)  be given on the recommendation of the Minister after
     consultation with the Nomenclature Board.
    
          (4)  A proclamation under subsection (2) may only be made
   declaring land to be reserved land in the class of conservation area
   if the land satisfies the criteria relating to that class set out in
   section 16(5).
  
          (5)  A proclamation may only be made under subsection (1) if
   the public authority in which the land is vested consents.
  
          (6)  Subject to any proclamation made under section 21, any
   area of reserved land that is vested in a public authority remains
   reserved land in the class of conservation area despite any subsequent
   disposition of the land or any other dealing in that land.
  
    14. Land acquired by Governor as reserved land
  
          (1)  The Governor may acquire any area of land that, in the
   opinion of the Governor, should be acquired for a conservation
   purpose.
  
          (2)  From the day on which an area of land acquired under
   subsection (1) is registered in the name of the Crown, the land -
  
      (a)  is taken to have been set aside for a conservation purpose;
     and
    
      (b)  is declared to be reserved land in the class of conservation
     area.
    
    15. Lease of reserved land
  
          (1)  If the Minister, on the recommendation of the Secretary,
   is satisfied that any land should be set aside for a conservation
   purpose for a specified period, the Minister may, in the name and on
   behalf of the Crown, take a lease of that land for the term, and on
   the covenants and conditions, approved by the Minister.
  
          (2)  For the term of the lease of an area of land under
   subsection (1), that land -
  
      (a)  is taken to have been set aside for a conservation purpose;
     and
    
      (b)  is declared to be reserved land in -
    
      (i)  the class of national park if the land satisfies the criteria
     relating to that class set out in section 16(1); or
    
      (ii)  the class of State reserve if the land satisfies the
     criteria relating to that class set out in section 16(2); or
    
      (iii)  the class of nature reserve if the land satisfies the
     criteria relating to that class set out in section 16(3); or
    
      (iv)  the class of game reserve if the land satisfies the criteria
     relating to that class set out in section 16(4); or
    
      (v)  the class of historic site if the land satisfies the criteria
     relating to that class set out in section 16(8).
    
    16. Classes of reserved land
  
          (1)  Land may be declared to be reserved land in the class of
   national park if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 1 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of national
     park possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purpose specified in Column 3 for item 1 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (2)  Land may be declared to be reserved land in the class of
   State reserve if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 2 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of State
     reserve possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  any one or more of the purposes specified in Column 3 for
     item 2 of that Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (3)  Land may be declared to be reserved land in the class of
   nature reserve if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 3 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of nature
     reserve possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 3 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (4)  Land may be declared to be reserved land in the class of
   game reserve if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 4 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of game
     reserve possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 4 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (5)  Land may be declared to be reserved land in the class of
   conservation area if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 5 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of
     conservation area possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 5 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (6)  Land may be declared to be reserved land in the class of
   nature recreation area if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 6 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of nature
     recreation area possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purpose specified in Column 3 for item 6 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (7)  Land may be declared to be reserved land in the class of
   regional reserve if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 7 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of regional
     reserve possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 7 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (8)  Land may be declared to be reserved land in the class of
   historic site if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 8 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of historic
     site possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 8 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (9)  Land may be declared to be reserved land in the class of
   private sanctuary if -
  
      (a)  the land -
    
      (i)  possesses the values specified in Column 2 for item 9 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of private
     sanctuary possessing those values; and
    
      (b)  the land was reserved for -
    
      (i)  the purpose specified in Column 3 for item 9 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (a)(ii).
    
          (10)  Land may be declared to be reserved land in the class of
   private nature reserve if -
  
      (a)  the owner of the land has given up any right to require that
     the reservation of that land be revoked; and
    
      (b)  the land -
    
      (i)  possesses the values specified in Column 2 for item 10 of
     Schedule 1; or
    
      (ii)  adjoins an area of reserved land in the class of private
     nature reserve possessing those values; and
    
      (c)  the land was reserved for -
    
      (i)  the purposes specified in Column 3 for item 10 of that
     Schedule; or
    
      (ii)  any purpose that, in the opinion of the Governor, would
     promote the better management or more effective use of that land or
     the adjoining reserved land referred to in paragraph (b)(ii).
    
    17. Alteration of class of reserved land
  
          (1)  The Governor, by proclamation, may -
  
      (a)  declare any reserved land, or part of any reserved land, that
     has been declared to be in one of the classes referred to in
     section 11(2) to be reserved land in another of the classes
     specified in that section; and
    
      (b)  give a name to that reserved land.
    
          (2)  Any name given to any reserved land under subsection (1)
   is to -
  
      (a)  include the name of the class of that reserved land, as
     specified in section 11(2); and
    
      (b)  be given on the recommendation of the Minister after
     consultation with the Nomenclature Board.
    
          (3)  A proclamation under subsection (1) may only be made
   declaring land to be reserved land in another class if the land
   satisfies the criteria relating to that other class as set out in
   section 16.
  
    18. Parliamentary approval required for certain draft proclamations
  
          (1)  A proclamation is not to be made under section 11(2) or
   section 17(1) declaring land to be reserved land in the class of
   national park, State reserve, nature reserve or historic site unless a
   draft of the proclamation has been first approved by each House of
   Parliament.
  
          (2)  A proclamation is not to be made under section 17(1)
   declaring any reserved land, or part of any reserved land, in the
   class of national park, State reserve, nature reserve, game reserve or
   historic site to be in any other class unless a draft of the
   proclamation has been first approved by each House of Parliament.
  
          (3)  For the purposes of subsection (1), a House of Parliament
   is to be taken to have approved a draft of a proclamation if a copy of
   it has been laid on the table of the House and -
  
      (a)  it is approved by the House; or
    
      (b)  at the expiration of 5 sitting days after it was laid on the
     table of the House, no notice has been given of a motion to
     disallow it or, if such notice has been given, the notice has been
     withdrawn or the motion has been negatived; or
    
      (c)  if any notice of a motion to disallow it is given during that
     period of 5 sitting days, the notice is, after the expiration of
     that period, withdrawn or the motion is negatived.
    
    19. Naming of reserved land
  
          (1)  The Governor, by proclamation, may give a name to any
   reserved land -
  
      (a)  that has not been given a name under this Act; or
    
      (b)  whose name does not include the name of a class of reserved
     land specified in section 11(2) or section 12(1).
    
          (2)  The Governor, by proclamation, may give another name to
   any reserved land, or part of any reserved land, that has been given a
   name under this Act.
  
          (3)  Any name given to any reserved land under subsection (1)
   or (2) is to -
  
      (a)  include the name of the class of that reserved land as
     specified in section 11(2) or section 12(1); and
    
      (b)  be given on the recommendation of the Minister after
     consultation with the Nomenclature Board.
    
          (4)  A proclamation is not to be made under subsection (1) or
   (2) if that proclamation would have the effect of altering the class
   of any reserved land.
  
          (5)  A proclamation made under subsection (1) or (2) in
   relation to reserved land in the class of private sanctuary or private
   nature reserve does not have effect until it is registered in
   accordance with section 22.
  
    20. Prohibition of certain names except in reference to reserved land
  
   A person must not use, or cause or permit to be used, alone or in
   combination with other words, the name of any class of reserved land
   specified in section 11(2) or section 12(1) in reference to any land -
  
      (a)  that is not reserved land; or
    
      (b)  that is not reserved land of that class.
    
   Penalty:
  
     Fine not exceeding 20 penalty units.
    
    21. Revocation of reservations
  
          (1)  Subject to this section, the Governor by proclamation may
   declare that any area of land ceases to be, or to form part of,
   reserved land.
  
          (2)  If an area of land is declared under subsection (1) to
   cease to be, or to form part of, reserved land, that area of land
   ceases to be, or to form part of, reserved land -
  
      (a)  in the case of reserved land in the class of private
     sanctuary or private nature reserve, on the day the proclamation is
     registered under section 22; or
    
      (b)  in any other case -
    
      (i)  on the day specified in the proclamation; or
    
      (ii)  if a day is not specified in the proclamation, on the day
     the proclamation is notified in the  Gazette .
    
          (3)  A proclamation may not be made under subsection (1) in
   respect of a leased reserve.
  
          (4)  Subject to subsection (5), a proclamation may not be made
   under subsection (1) unless a draft of the proclamation has been first
   approved by each House of Parliament.
  
          (5)  Subsection (4) does not apply to a proclamation relating
   to reserved land in the class of private sanctuary.
  
          (6)  A proclamation may not be made under this section in
   relation to reserved land in the class of private nature reserve for
   which money has been paid under section 25 for the purpose of securing
   that reserve unless the Minister tables with the draft proclamation a
   certificate to the effect that -
  
      (a)  the owner has refunded -
    
      (i)  any money paid for the purpose of securing that reserve; or
    
      (ii)  an appropriate proportion of that money; or
    
      (b)  the owner has refunded -
    
      (i)  any money paid for the purpose of ensuring that the
     management objectives for the class of private nature reserve are
     met; or
    
      (ii)  an appropriate proportion of that money; or
    
      (c)  the owner has refunded -
    
      (i)  any money paid for the purpose of ensuring that the
     provisions of any management plan for that private nature reserve
     are complied with; or
    
      (ii)  an appropriate proportion of that money; or
    
      (d)  special circumstances exist, as specified in the certificate,
     that obviate the need for the refund of any money.
    
          (7)  For the purposes of this section, a House of Parliament is
   to be taken to have approved a draft of a proclamation that relates to
   reserved land in the class of conservation area, nature recreation
   area or regional reserve if a copy of it has been laid on the table of
   the House and -
  
      (a)  it is approved by the House; or
    
      (b)  at the expiration of 5 sitting days after it was laid on the
     table of the House, no notice has been given of a motion to
     disallow it or, if such notice has been given, the notice has been
     withdrawn or the motion has been negatived; or
    
      (c)  if any notice of a motion to disallow it is given during that
     period of 5 sitting days, the notice is, after the expiration of
     that period, withdrawn or the motion is negatived.
    
    22. Registration of proclamation relating to private sanctuary or
   private nature reserve
  
          (1)  If a proclamation is made under section 12 declaring any
   land to be in the class of private sanctuary or private nature
   reserve, the Minister, as soon as practicable, is to cause the
   proclamation to be registered in respect of that land.
  
          (2)  If a proclamation is made under section 19 relating to any
   reserved land in the class of private sanctuary or private nature
   reserve, the Minister, as soon as practicable, is to cause the
   proclamation to be registered in respect of the land to which it
   relates.
  
          (3)  If a proclamation is made under section 21(1) by which the
   whole or any part of reserved land in the class of private sanctuary
   or private nature reserve ceases to be, or form part of, reserved
   land, the Minister, as soon as practicable, is to cause the
   proclamation to be registered in respect of the land to which it
   relates.
  
          (4)  The provisions of Schedule 3 have effect in relation to
   the registration of proclamations referred to in this section.
  
          (5)  Nothing in section 40 of the  Land Titles Act 1980  is to
   be construed as affecting the validity of, or as prejudicing or
   affecting the operation of, any proclamation referred to in this
   section.
  
    23. Lands subject to trusts
  
          (1)  Land that may be acquired under section 14 may be so
   acquired subject to a trust for its use for a conservation purpose.
  
          (2)  For the purposes of subsection (1), if land is held by
   trustees on trust for its use for a conservation purpose those
   trustees may, unless the instrument under which the land is held
   otherwise provides, surrender that land subject to its continuing to
   be held on that trust.
  
    24. Supplementary provisions as to acquisition of land, &c.
  
          (1)  Land that may be acquired under section 14 may be acquired
   under and in accordance with the  Land Acquisition Act 1993 , or by
   any means by which land may be surrendered to, or may revert to and
   revest in, the Crown.
  
          (2)  If any land that may be acquired under section 14 is held
   under a single title with other land, the Governor may acquire the
   whole or any part of that other land.
  
          (3)  If the Governor is authorised under this Act to acquire
   any land, that land may be acquired by the exchange for it of any
   Crown land, other than reserved land.
  
          (4)  An exchange of land under this section may be made on the
   terms and conditions agreed, including terms and conditions with
   respect to the payment, giving or receipt of any sums or other
   consideration by way of equality of exchange.
  
          (5)  For the purpose of effecting an exchange of land under
   this section, the Governor may grant any Crown land for an estate in
   fee simple.
  
          (6)  If any land has been acquired under this Part but does not
   by that acquisition become reserved land, that land, without prejudice
   to the exercise of any other powers of this Act, may be disposed of or
   dealt with in accordance with the  Crown Lands Act 1976 , or
   otherwise, as if it were Crown land within the meaning of that Act.
  
    25. Management agreement for private land
  
          (1)  The Minister may enter into any agreement relating to the
   use and management of any private land if to do so would, in the
   opinion of the Minister, tend to promote -
  
      (a)  conservation purposes in relation to that land; or
    
      (b)  the purposes for which a private nature reserve or private
     sanctuary has been set aside under this Act.
    
          (2)  An agreement entered into under this section may involve
   the payment of money (whether by way of grant, loan or otherwise) by
   the Minister to the owner for the purpose of ensuring that -
  
      (a)  the provisions of any management plan for the private land
     are complied with; and
    
      (b)  if there is not a management plan for the private land and it
     is reserved land, the management objectives for that class of
     reserved land are met; and
    
      (c)  any conservation objectives for the private land are met.
    
          (3)  Money is to be paid under this section on the terms and
   conditions the Minister, on the recommendation of the Secretary,
   agrees to.
  
          (4)  Any terms and conditions referred to in subsection (3) may
   give the Secretary rights in respect of a private nature reserve or
   private sanctuary.
  
          (5)  An agreement under this section may include provision for
   a conservation covenant under Part 5.
  
                   PART 4 - Conservation of Fauna and Flora
  
    26. Wildlife regulations as to fauna
  
          (1)  Without limiting the matters in respect of which the
   regulations may be made, the regulations, in relation to wildlife or
   any form of wildlife, may make provision for the prohibition or
   control of -
  
      (a)  the taking of wildlife or any products of wildlife; and
    
      (b)  the use or having in possession of any hunting equipment
     intended to be, or capable of being, used for the purpose of taking
     wildlife or any products of wildlife; and
    
      (c)  the use of any living thing for the purpose of taking
     wildlife or any products of wildlife; and
    
      (d)  the keeping or having in possession of wildlife or any
     products of wildlife; and
    
      (e)  the buying or selling of, or other dealings in, wildlife or
     any products of wildlife; and
    
      (f)  the exportation or disposal of wildlife or the products of
     wildlife.
    
          (2)  The wildlife regulations -
  
      (a)  may require the payment of royalties in respect of the taking
     of any form of wildlife; and
    
      (b)  may make provision for the collection of those royalties.
    
          (3)  The wildlife regulations may contain -
  
      (a)  provisions for the preservation of good order among persons
     engaged in taking wildlife or any form of wildlife; and
    
      (b)  for the purposes of protecting any crops or property,
     provisions -
    
      (i)  for authorising or regulating the taking of any form of
     wildlife; and
    
      (ii)  regulating the disposal of the carcass, or any part of the
     carcass, of any wildlife so taken and the application of the
     proceeds of that disposal; and
    
      (c)  for the purposes of protecting fish farming and other fishing
     activity, provisions prohibiting or controlling the use of devices
     designed to deter seals from interfering with fish farming and
     other fishing activities.
    
    27. Wildlife regulations as to flora
  
          (1)  Without limiting the matters in respect of which the
   regulations may be made, the regulations may prescribe the plants that
   are to be protected plants for the purposes of this Act.
  
          (2)  The wildlife regulations may prohibit or control -
  
      (a)  the taking or having in possession of a protected plant; and
    
      (b)  the buying or selling of, or other dealings in, a protected
     plant; and
    
      (c)  the exportation or disposal of any protected plant.
    
    28. Supplementary provisions as to wildlife regulations
  
          (1)  The wildlife regulations may make differing provisions
   with respect to different places or parts of the State and with
   respect to different times, places and circumstances.
  
          (2)  The wildlife regulations may prohibit the doing of any
   act -
  
      (a)  during periods, or otherwise than during periods, specified
     in the wildlife regulations; and
    
      (b)  in places or parts of the State, or otherwise than in places
     or parts of the State, specified in the wildlife regulations.
    
          (3)  The wildlife regulations may confer powers or discretions
   on the Secretary, rangers, persons employed in the Department and
   other persons.
  
          (4)  The power to make provision in the wildlife regulations
   for the prohibition or control of the doing of any act includes power
   to make provision for the prohibition of the doing of that act
   otherwise than under the authority of a licence or permit.
  
          (5)  For the purposes of subsection (4), the wildlife
   regulations may provide for -
  
      (a)  the terms of a licence or permit referred to in that
     subsection; and
    
      (b)  the authority granted by that licence or permit; and
    
      (c)  the issue, duration, renewal, suspension, cancellation or
     surrender of that licence or permit; and
    
      (d)  the circumstances in which, or the conditions under which,
     that licence or permit may, or may not, be issued or renewed, or
     refused to be issued or renewed, or suspended, cancelled or
     surrendered.
    
          (6)  The wildlife regulations, in relation to any matter that
   may be made the subject of prohibition or control under the
   regulations, may provide for -
  
      (a)  the production, inspection, marking or identification of any
     wildlife, products of wildlife or protected plant; and
    
      (b)  the giving of notifications and other information to the
     Secretary, rangers, persons employed in the Department and other
     persons; and
    
      (c)  the keeping and production of records.
    
          (7)  The wildlife regulations -
  
      (a)  may require the payment of fees or charges in respect of -
    
      (i)  the issue or renewal of licences or permits issued under the
     regulations; and
    
      (ii)  applications for the issue or renewal of those licences or
     permits; and
    
      (iii)  any inspection, marking or identification carried out under
     the regulations; and
    
      (b)  may provide for the collection of any such fees or charges.
    
          (8)  The wildlife regulations may impose penalties for
   contraventions of any provision of the wildlife regulations and -
  
      (a)  different penalties may be imposed for successive
     contraventions of those provisions or any of them; and
    
      (b)  a daily penalty, not exceeding 1 penalty unit, may be imposed
     in respect of each day for which the contravention continues; and
    
      (c)  additional penalties, in addition to any penalty otherwise
     prescribed, not exceeding 5 penalty units, may be imposed in
     respect of -
    
      (i)  each individual creature, the products of each individual
     creature or each plant; or
    
      (ii)  each piece of hunting equipment -
    
     with respect to which the contravention was committed.
    
          (9)  Any penalty imposed pursuant to this section in respect of
   any individual contravention, and the aggregate of all the penalties
   so imposed, may not exceed 100 penalty units.
  
          (10)  A reference in this section to the doing of an act
   includes a reference to the keeping of any thing, the having of any
   thing in possession and the engaging in any activity or course of
   conduct.
  
          (11)  Nothing in the wildlife regulations prejudices or affects
   the exercise of any authority given by a permit granted under
   section 29.
  
    29. Special permits to take wildlife
  
          (1)  In this section,
  
      "specified"  means specified in a permit granted under
     subsection (2).
    
          (2)  The Secretary may grant a permit authorising, subject to
   compliance with any specified conditions and restrictions, one or more
   of the following:
  
      (a)  the taking on specified lands of specified wildlife,
     specified products of specified wildlife or specified protected
     plants;
    
      (b)  the keeping or having in possession by a person of specified
     wildlife, specified products of specified wildlife or specified
     protected plants.
    
          (3)  A permit may not be granted under this section in respect
   of any reserved land for which a management plan is in force if to do
   so would be, or would authorise an activity that is, contrary to the
   management plan.
  
          (4)  A permit may not be granted under this section -
  
      (a)  in respect of any reserved land vested in a public authority
     or any private land, except on the application of, or with the
     consent of, the public authority in whom the land is vested or the
     owner of that land; and
    
      (b)  in respect of any reserved land of which a prescribed body is
     the managing authority, except on the application of, or with the
     consent of, that body; and
    
      (c)  in respect of any reserved land of which a Conservation
     Management Trust within the meaning of the  National Parks and
     Reserves Management Act 2002  is the managing authority, except on
     the application of, or with the consent of, that Conservation
     Management Trust; and
    
      (d)  in respect of any other reserved land, except on the
     application of, or with or conditional upon the consent of, the
     managing authority.
    
          (5)  A permit granted under subsection (2)(a) is to specify the
   period (being a period not exceeding 12 months in length) for which it
   remains in force and, at the end of that period, the permit ceases to
   be of further effect.
  
          (6)  A permit granted under subsection (2)(b) may specify the
   period for which it remains in force and -
  
      (a)  if the permit does specify such a period, it ceases to be of
     further effect at the end of that period; and
    
      (b)  if the permit does not specify such a period, it continues to
     have effect until revoked.
    
          (7)  At any time, the Secretary may revoke a permit granted
   under this section but, if the managing authority was required to be
   consulted regarding the grant of the permit, it may not be revoked
   without that managing authority being advised of the intention to
   revoke it.
  
          (8)  The wildlife regulations may make provision for the
   payment of fees on the making of an application for, or the grant of,
   a permit under this section.
  
    30. Open seasons for partly protected wildlife
  
          (1)  The Minister, by order, may determine the seasons, dates
   and places on or at which the taking of any form of partly protected
   wildlife may -
  
      (a)  start and stop; or
    
      (b)  be prohibited; or
    
      (c)  be permitted.
    
          (2)  The order may impose conditions and have differential
   application.
  
          (3)  A person must not contravene an order.
  
   Penalty:
  
     Fine not exceeding 50 penalty units.
    
    31. Saving for rights of landowners, &c.
  
   The issue of a licence or the granting of a permit under this Part or
   the wildlife regulations does not render lawful the entering on any
   land that would have been unlawful if that licence had not been issued
   or that permit had not been granted.
  
    32. Prohibition on introduction, &c., of certain animals
  
          (1)  In this section -
  
      "controlled animal"  means -
    
      (a)  a mammal, bird, amphibian and reptile; and
    
      (b)  any other animal prescribed by the regulations to be a
     controlled animal -
    
     but does not include any restricted animal, dog, cat or domestic
     stock;
    
      "restricted animal"  means -
    
      (a)  a fox, wolf, dingo and mink; and
    
      (b)  any other animal prescribed by the regulations to be a
     restricted animal; and
    
      (c)  a hybrid of an animal referred to in paragraph (a) or (b).
    
          (2)  A person must not bring into the State, or cause or allow
   to be brought into the State, a restricted animal or a controlled
   animal unless the importation is in accordance with -
  
      (a)  the prior written permission of the Secretary; and
    
      (b)  an authority under Part 4 of the  Animal Health Act 1995 .
    
   Penalty:
  
     In the case of -
    
      (a)  a restricted animal, a fine of not less than 200 penalty
     units and not more than 500 penalty units or imprisonment for a
     term not less than 2 years and not more than 5 years, or both, for
     each animal in respect of which the offence was committed; or
    
      (b)  a controlled animal, a fine not exceeding 10 penalty units in
     respect of each animal in respect of which the offence was
     committed.
    
          (3)  A person must not, except in accordance with the prior
   written permission of the Secretary -
  
      (a)  be in possession of a restricted animal; or
    
      (b)  cause or allow a restricted animal, a ferret or a controlled
     animal to go at large in the State.
    
   Penalty:
  
     In the case of -
    
      (a)  a restricted animal or ferret, a fine of not less than 200
     penalty units and not more than 500 penalty units or imprisonment
     for a term not less than 2 years and not more than 5 years, or
     both, for each animal in respect of which the offence was
     committed; or
    
      (b)  a controlled animal, a fine not exceeding 10 penalty units in
     respect of each animal in respect of which the offence was
     committed.
    
          (4)  A person must not be in possession of a controlled animal
   that has been brought into the State in contravention of
   subsection (2).
  
   Penalty:
  
     Fine not exceeding 10 penalty units in respect of each animal in
     respect of which the offence was committed.
    
          (5)  The Secretary may -
  
      (a)  grant permission under subsection (2) or (3) subject to any
     conditions he or she thinks fit; or
    
      (b)  refuse to grant the permission.
    
          (6)  The Secretary may only grant permission under
   subsection (2) or (3) in respect of a restricted animal if the
   importation, possession or going at large of the restricted animal is
   required as part of a program to manage feral populations of animals
   of the same species as that restricted animal.
  
          (7)  A person who fails to comply with a condition to which a
   permission is subject is guilty of an offence.
  
   Penalty:
  
     In the case of -
    
      (a)  a restricted animal or ferret, a fine of not less than 200
     penalty units and not more than 500 penalty units or imprisonment
     for a term not less than 2 years and not more than 5 years, or
     both, for each animal in respect of which the offence was
     committed; or
    
      (b)  a controlled animal, a fine not exceeding 10 penalty units in
     respect of each animal in respect of which the offence was
     committed.
    
          (8)  If a person is in possession of a restricted animal or a
   controlled animal, that animal is presumed, until the contrary is
   proved, to have been brought into the State without the prior written
   permission of the Secretary.
  
          (9)  If the Secretary, or a person authorised by the Secretary,
   finds or reasonably suspects that a restricted animal or a controlled
   animal has been brought into the State by, or is in the possession of,
   a person contrary to the provisions of this section, the Secretary or
   authorised person may seize it, destroy it, dispose of it or cause it
   to be destroyed or disposed of.
  
          (10)  Without limiting the ways in which an animal may be
   disposed of under subsection (9), the animal may be disposed of by
   giving it, together with a permission under subsection (3) in the case
   of a restricted animal, to an educational or research institution.
  
          (11)  Despite subsection (4), if a controlled animal is
   disposed of under subsection (9) by giving it to an educational or
   research institution, the institution may possess that animal subject
   to any conditions determined by the Director.
  
          (12)  The Secretary may charge any person with any costs
   incurred in respect of any seizure, destruction or disposal of an
   animal carried out under subsection (9).
  
          (13)  A person must not, without the prior written permission
   of the Secretary or a person authorised by the Secretary, remove or
   take away an animal seized under subsection (9).
  
   Penalty:
  
     In the case of -
    
      (a)  a restricted animal, a fine of not less than 200 penalty
     units and not more than 500 penalty units or imprisonment for a
     term not less than 2 years and not more than 5 years, or both, for
     each animal in respect of which the offence was committed; or
    
      (b)  a controlled animal, a fine not exceeding 10 penalty units in
     respect of each animal in respect of which the offence was
     committed.
    
                       PART 5 - Conservation Covenants
  
                     Division 1 - Interpretation of Part
  
    33. Interpretation of Part
  
   In this Part, unless the contrary intention appears -
  
      "affected owner"  means an owner of land in respect of which,
     under section 19(1) of the  Forest Practices Act 1985 , an
     application to the Forest Practices Authority for the certification
     of a forest practices plan -
    
      (a)  has been approved subject to amendments, which have been
     agreed to by the applicant, made for the purpose of protecting a
     threatened species or protecting a threatened native vegetation
     community from clearance and conversion; or
    
      (b)  has been approved subject to amendments made for the purpose
     of protecting a threatened species or protecting a threatened
     native vegetation community from clearance and conversion, and
     where an appeal to the Forest Practices Tribunal under section
     25(1) of that Act in respect of those amendments has been wholly or
     partially dismissed; or
    
      (c)  has been refused wholly or partially on the ground that
     implementation of the forest practices plan would threaten a
     threatened species or involve the clearance and conversion of a
     threatened native vegetation community, and where an appeal to the
     Forest Practices Tribunal under section 25(1) of that Act in
     respect of that refusal has been wholly or partially dismissed;
    
      "arbitrator"  means a person nominated by the Forest Practices
     Tribunal, as constituted under section 34(7A) of the  Forest
     Practices Act 1985 , for the purpose of arbitrating disputes under
     this Part;
    
      "authorised person"  means a person authorised by the Minister
     under section 45(1);
    
      "conservation compensation committee"  means a special advisory
     committee established by the Minister under section 9 for the
     purpose of assessing the amount of compensation that is to be paid
     to landowners under Division 4;
    
      "conservation covenant"  means -
    
      (a)  a conservation covenant entered into under this Part; and
    
      (b)  a variation of a conservation covenant;
    
      "conservation determination"  means a determination made by the
     Forest Practices Authority under section 19 of the  Forest
     Practices Act 1985  to -
    
      (a)  certify a forest practices plan subject to amendments made
     for the purpose of protecting a threatened species or maintaining a
     threatened native vegetation community; or
    
      (b)  refuse to certify a forest practices plan application wholly
     or partially on the ground that implementation of the proposed
     forest practices plan would threaten a threatened species or
     involve the clearance and conversion of a threatened native
     vegetation community;
    
      "Forest Practices Authority"  means the body referred to in
     section 4AA of the  Forest Practices Act 1985 ;
    
      "Forest Practices Code"  means the code of that name issued under
     section 30 of the  Forest Practices Act 1985 ;
    
      "forest practices plan"  has the same meaning as in the  Forest
     Practices Act 1985 ;
    
      "Forest Practices Tribunal"  means the Forest Practices Tribunal
     established under section 34 of the  Forest Practices Act 1985 ;
    
      "landowner"  or  "owner of land"  means any one or more of the
     following:
    
      (a)  in the case of a fee simple estate in land, the person in
     whom that estate vested;
    
      (b)  in the case of land that is not registered under the  Land
     Titles Act 1980  and is subject to a mortgage, the person having
     the equity of redemption in that mortgage, for the time being;
    
      (c)  in the case of land held under a tenancy for life, the person
     who is the life tenant;
    
      (d)  in the case of land held under a lease for a term of not less
     than 99 years or for a term of not less than any other prescribed
     period, the person who is the lessee of the land;
    
      (e)  in the case of land held under any other prescribed interest,
     the person who is the holder of the land under that interest;
    
      "registered"  means registered under the  Land Titles Act 1980 ;
    
      "relevant conservation determination" , in relation to a
     landowner, means the conservation determination that makes the
     landowner an affected owner;
    
      "servient land" , in relation to a conservation covenant entered
     into between the Minister and a landowner, means the land of the
     landowner that is subject to the covenant;
    
      "taxon"  means a taxonomic group of any rank into which organisms
     are categorised;
    
      "threatened native vegetation community"  means a community of
     native vegetation specified in Schedule 3A;
    
      "threatened species"  means a taxon of flora or fauna that is
     listed in Schedule 3, 4 or 5 to the  Threatened Species Protection
     Act 1995 .
    
                Division 2 - Conservation covenants generally
  
    34. Minister may enter into conservation covenants
  
          (1)  The Minister on behalf of the Crown may enter into a
   conservation covenant with a landowner if the Minister considers it
   necessary or desirable to do so for a conservation purpose.
  
          (2)  A conservation covenant may contain such covenants and
   other provisions as the Minister and the landowner agree.
  
          (3)  Without limiting the generality of subsection (2), a
   conservation covenant may contain -
  
      (a)  provisions relating to the payment of compensation or the
     provision of financial or other assistance to the landowner; and
    
      (b)  provisions relating to the repayment of money or, if
     applicable, the waiver of entitlements to statutory compensation.
    
          (4)  A conservation covenant in respect of reserved land in the
   class of private sanctuary or private nature reserve may not contain a
   provision which is -
  
      (a)  inconsistent with the management objectives for that class of
     reserved land; or
    
      (b)  contrary to, or inconsistent with, a management plan in force
     in respect of that reserved land.
    
          (5)  A conservation covenant may be a restrictive covenant or a
   positive covenant.
  
          (6)  A conservation covenant -
  
      (a)  runs with the servient land as if it were a covenant to which
     section 102(2) of the  Land Titles Act 1980  applies; and
    
      (b)  is enforceable between the parties to it, and any person
     deriving title under any such party, as if the covenant were
     entered into by a fee simple owner of land for the benefit of
     adjacent land held by the Crown in fee simple that was capable of
     being benefited by the covenant and as if that adjacent land
     continued to be so held by the Crown.
    
    35. Variation and discharge of conservation covenants
  
          (1)  Subject to this section, the Minister on behalf of the
   Crown may vary or discharge a conservation covenant at any time by
   agreement with the owner of the land that is subject to the covenant.
  
          (2)  If a conservation covenant so provides, it is not capable
   of being varied or discharged without the prior consent of the Crown
   in the right of the Commonwealth.
  
          (3)  If the land subject to a conservation covenant is a
   private nature reserve, the covenant is not capable of being varied in
   a way that might threaten the natural or cultural values of the land,
   or of being discharged, until the land ceases to be or form part of a
   private nature reserve.
  
          (4)  If the landowner has received compensation or financial
   payments from the Crown under this Part or any other enactment in
   connection with a conservation covenant, it is not capable of being
   varied or discharged unless the Minister, by means of a notice
   published in the  Gazette , has given at least 30 days' notice of his
   or her intention to vary or discharge the covenant.
  
    36. Form of conservation covenants
  
   Despite the provisions of the  Land Titles Act 1980  and  Registration
   of Deeds Act 1935 , a conservation covenant, and any variation or
   discharge of a conservation covenant, may be in a form approved by the
   Recorder.
  
    37. Registration of conservation covenants
  
          (1)  As soon as practicable after entering into a conservation
   covenant or executing a variation of a conservation covenant, the
   Minister must lodge with the Recorder -
  
      (a)  an executed copy of the covenant or variation; and
    
      (b)  a copy of any management plan in force in relation to the
     servient land or any part of the servient land; and
    
      (c)  particulars of title to the servient land.
    
          (2)  As soon as practicable after executing a discharge of a
   conservation covenant, the Minister must lodge an executed copy of the
   discharge with the Recorder.
  
          (3)  Subject to the provisions of the  Land Titles Act 1980 ,
   the Recorder must register on the folio of the Register constituting
   the title to the servient land the following:
  
      (a)  each conservation covenant, and each variation or discharge
     of a conservation covenant, lodged under subsection (1) or (2);
    
      (b)  any management plan lodged under subsection (1).
    
          (4)  If the whole or any part of the servient land is not under
   the  Land Titles Act 1980 , the relevant conservation covenant may be
   dealt with by the Recorder in the same manner as if it were a
   conveyance on sale within the meaning of section 17(1)(a) of that Act.
  
          (5)  The Recorder may, for the purposes of subsection (4) -
  
      (a)  require the Minister to deposit with the Recorder a plan of
     any land or part of any land that is subject to a conservation
     covenant or to which a management plan relates; and
    
      (b)  further require that the plan be made from actual survey and
     certified as correct by a surveyor who is registered and
     certificated under the  Land Surveyors Act 1909 .
    
    38. Covenants come into force on registration
  
          (1)  A conservation covenant or a variation of a conservation
   covenant comes into force on the day on which the covenant or
   variation is registered by the Recorder.
  
          (2)  A conservation covenant ceases to be enforceable on the
   day on which a discharge of the covenant is registered by the
   Recorder.
  
      Division 3 - Covenants arising from refused private timber reserve
                                applications
  
    39. Covenants for protection of natural or cultural values
  
          (1)  The Minister on behalf of the Crown may enter into a
   conservation covenant with a landowner under and for the purposes of
   section 16(3) of the  Forest Practices Act 1985 .
  
          (2)  Divisions 2 and 5 have the same application to a
   conservation covenant entered into under this Division, and any
   variation or discharge of such a covenant, as they have to any other
   conservation covenant entered into under this Part.
  
          Division 4 - Covenants arising from forest practices plan
                                applications
  
    40. Covenants with affected owners
  
          (1)  The Minister on behalf of the Crown may enter into a
   conservation covenant with an affected owner who applies for
   compensation under this Division.
  
          (2)  Divisions 2 and 5 have the same application to a
   conservation covenant entered into under this Division, and any
   variation or discharge of such a covenant, as they have to any other
   conservation covenant entered into under this Part.
  
          (3)  If the Minister and an affected owner fail to agree on the
   provisions of a conservation covenant within 6 months of commencing
   negotiations on the covenant, the provisions are to be determined by
   an arbitrator in accordance with the  Commercial Arbitration Act
   1986 .
  
          (4)  The determination of an arbitrator under subsection (3) is
   final and binding on the Minister and the affected owner.
  
    41. Affected owner entitled to apply for compensation
  
          (1)  A landowner may apply to the Minister for compensation for
   any financial loss suffered by that landowner as a result of becoming
   an affected owner.
  
          (2)  An application for compensation is to be made in writing
   to the Minister within 180 days of the day on which the landowner
   became an affected owner.
  
          (3)  As soon as practicable after receiving an application for
   compensation, the Minister must, subject to section 41A, notify the
   affected owner that the application is -
  
      (a)  accepted; or
    
      (b)  refused.
    
    41A. Restrictions on entitlement to compensation
  
          (1)  A landowner is not entitled to compensation pursuant to
   section 41 unless the Minister is satisfied that -
  
      (a)  the relevant conservation determination has the effect of
     requiring the landowner to exercise a higher duty of care for the
     conservation of natural and cultural values on the relevant land
     than is required under the Forest Practices Code as in force on the
     date of the determination; and
    
      (b)  the landowner is not entitled to any, or adequate, financial
     consideration from other sources (including voluntary, public or
     private, conservation funds) for the financial loss referred to in
     that section.
    
          (2)  Also, without limiting the generality of subsection (1), a
   landowner is not entitled to compensation pursuant to section 41 in so
   far as the relevant conservation determination prevents the complete
   or partial clearance and conversion of a threatened native vegetation
   community unless the Minister is satisfied that -
  
      (a)  at the date of the determination, the proposed clearance and
     conversion was not prohibited under -
    
      (i)  a law of the State other than this Act or the  Forest
     Practices Act 1985 ; or
    
      (ii)  a law of the Commonwealth; and
    
      (b)  for at least 2 years before the date of the determination,
     the landowner was actively managing the relevant land with the
     reasonable intention of undertaking the proposed clearance and
     conversion; and
    
      (c)  the landowner has undertaken to manage the threatened native
     vegetation community under a conservation covenant or management
     agreement.
    
    42. Assessment of compensation
  
          (1)  Any compensation to be paid to a landowner under this
   Division is to be assessed, as soon as practicable, by a conservation
   compensation committee.
  
          (2)  In assessing the amount of compensation that is to be paid
   to a landowner under this Division, the conservation compensation
   committee -
  
      (a)  must give the Minister and the landowner a reasonable
     opportunity to make submissions to the committee; and
    
      (b)  may have regard to any matters the committee considers
     relevant; and
    
      (c)  must have regard to the following matters:
    
      (i)  the value of any standing timber on the relevant land;
    
      (ii)  if the relevant land is forested, any timber-growing
     potential of the relevant land unable to be realised;
    
      (iii)  the value of any agricultural activities being carried out
     on the relevant land;
    
      (iv)  any agricultural potential of the relevant land unable to be
     realised;
    
      (v)  any government restrictions relating to threatened species of
     flora or fauna, including restrictions under the Forest Practices
     Code, 1987 existing as at the date of commencement of the  Public
     Land (Administration and Forests) Act 1991 ;
    
      (va)  any government restrictions relating to the clearance and
     conversion of threatened native vegetation communities, including
     restrictions under the Forest Practices Code as from time to time
     in force;
    
      (vb)  in respect of the conservation of natural and cultural
     values on the relevant land, the extent to which the duty of care
     that the landowner is being required to exercise regarding those
     values exceeds the duty of care required under the Forest Practices
     Code as in force on the date of the relevant conservation
     determination;
    
      (vi)  the amount of any land tax or municipal rates payable in
     respect of the relevant land, and whether the landowner is entitled
     to receive any remission of such charges;
    
      (vii)  the likely impact of a conservation covenant on the use of
     other land of the landowner;
    
      (viii)  any reasonable costs incurred, or likely to be incurred,
     by the landowner as a result of the landowner entering into a
     conservation covenant in respect of the relevant land, other than
     the costs of any arbitration or legal proceedings.
    
          (3)  If -
  
      (a)  the Minister or the landowner disputes the amount of
     compensation assessed by the conservation compensation committee;
     and
    
      (b)  the Minister and the landowner cannot otherwise agree as to
     the amount of compensation -
    
   the amount of compensation may be determined by an arbitrator in
   accordance with the  Commercial Arbitration Act 1986 .
  
          (4)  An affected owner who does not accept the amount of
   compensation assessed by the conservation compensation committee and
   who -
  
      (a)  refuses to have the amount of compensation determined by an
     arbitrator pursuant to subsection (3); or
    
      (b)  does not accept the determination of an arbitrator made
     pursuant to subsection (3) -
    
   is to be taken to have withdrawn his or her application for
   compensation.
  
    43. Payment of compensation
  
          (1)  Any compensation paid by the Minister to a landowner
   pursuant to a conservation covenant under this Division is -
  
      (a)  payable from funds made available for the purpose by
     Parliament; and
    
      (b)  payable in such manner and over such period of time as the
     Minister and the landowner agree or, failing such agreement, as
     determined by an arbitrator in accordance with the  Commercial
     Arbitration Act 1986 .
    
          (2)  Despite subsection (1)(b), a conservation covenant under
   this Division that provides for the payment of compensation to a
   landowner is to provide for an initial payment of part of that
   compensation to be made to the landowner at the time the covenant
   comes into force.
  
          (3)  If there is more than one owner of land that is subject to
   a conservation covenant under this Division, any payment of
   compensation made by the Minister under this Part is to be divided
   between those landowners according to their respective interests.
  
    44. Effect of failure to pay compensation
  
          (1)  This section applies to -
  
      (a)  an affected owner whose application to the Minister for
     compensation has been refused by the Minister pursuant to
     section 41(3)(b); and
    
      (b)  an affected owner in respect of whom the Minister has not
     accepted the determination of an arbitrator made pursuant to
     section 42(3); and
    
      (c)  an affected owner or other landowner who has entered into a
     conservation covenant under this Division but has not, within the
     period of 180 days immediately after the day on which he or she
     notified the Minister that he or she would accept an offer of
     compensation under this Part, received -
    
      (i)  any compensation; or
    
      (ii)  the full amount of the initial instalment of compensation
     provided for in the covenant.
    
          (2)  The 180 day period referred to in subsection (1)(c) is
   exclusive of any period of time during which the affected owner has
   been a party to any arbitration or legal proceedings in respect of a
   matter under this Part.
  
          (3)  A landowner to whom subsection (1)(c) applies may notify
   the Minister in writing that he or she requires the conservation
   covenant referred to in that subsection to be discharged.
  
          (4)  If the Minister receives a notification from a landowner
   under subsection (3), the Minister must -
  
      (a)  if satisfied that there has been a failure to pay
     compensation to that landowner; and
    
      (b)  if any compensation paid to that landowner has been repaid to
     the Minister -
    
   lodge an executed discharge of the relevant conservation covenant with
   the Recorder without undue delay.
  
          (5)  A landowner is not required to pay interest in respect of
   any compensation that is repaid to the Minister under this section.
  
          (6)  If a conservation covenant is discharged at the request of
   a landowner in accordance with this section, an action does not lie
   against the Crown in respect of any failure to pay compensation to the
   landowner under this Part.
  
          (7)  A landowner to whom this section applies may reapply to
   the Forest Practices Authority under section 18(1)(b) of the  Forest
   Practices Act 1985  for the certification of the relevant forest
   practices plan.
  
          (8)  Subject to subsection (9), if a forest practices plan is
   submitted to the Forest Practices Authority under subsection (7), the
   Forest Practices Authority has no power -
  
      (a)  to refuse to certify the plan on the grounds that
     implementation of the plan would adversely affect a threatened
     species of flora or fauna or a threatened native vegetation
     community which has previously been considered by that Authority in
     respect of that plan; or
    
      (b)  to amend the plan for the purpose of protecting a threatened
     species of flora or fauna or a threatened native vegetation
     community which has previously been considered by that Authority in
     respect of that plan -
    
   and, if that plan is otherwise certified, the Forest Practices
   Authority has no power -
  
      (c)  to amend the plan under section 22 of the  Forest Practices
     Act 1985  for the purpose of protecting a threatened species of
     flora or fauna or a threatened native vegetation community which
     has previously been considered by that Authority in respect of that
     plan; or
    
      (d)  to refuse an application to vary the plan under section 23 of
     the  Forest Practices Act 1985  on the ground that implementation
     of the variation of the plan would adversely affect a threatened
     species of flora or fauna or a threatened native vegetation
     community which has previously been considered by that Authority in
     respect of that plan.
    
          (9)  Nothing in subsection (8) prohibits the Forest Practices
   Authority from enforcing a restriction contained in the Forest
   Practices Code, 1987.
  
          (10)  Subsections (7) and (8) have effect despite any other
   enactment.
  
                Division 5 - Provisions of general application
  
    45. Power to inspect land subject to conservation covenant
  
          (1)  Subject to this section, a person who is authorised by the
   Minister to do so may, at any reasonable time and without any
   interference from the owner of the land or any other person -
  
      (a)  enter on and inspect land that is subject to a conservation
     covenant; or
    
      (b)  enter on and inspect land in respect of which an affected
     owner has made an application for compensation under section 41.
    
          (2)  For the purpose of subsection (1), the authorised person
   must give reasonable notice of the proposed entry to the owner of the
   land.
  
          (3)  The Minister and the owner of any land that is subject to
   a conservation covenant may enter into an agreement in relation to the
   method of access to that land by an authorised person.
  
          (4)  If an agreement is in force under subsection (3) in
   relation to any land, the method of access to that land is to be in
   accordance with the agreement except -
  
      (a)  in the case of an emergency; or
    
      (b)  if, in the circumstances, the Minister considers that method
     of access would be unreasonable.
    
          (5)  The Minister is to keep the owner of any land that is
   subject to a conservation covenant indemnified against any loss,
   damage or legal liability arising from entry to that land and
   attributable to any act or omission of the Minister or an authorised
   person in respect of -
  
      (a)  personal injury to, or the death of, any person; or
    
      (b)  any damage to property on that land.
    
    46. Offence to contravene conservation covenant
  
          (1)  A person against whom a conservation covenant is
   enforceable must not contravene that covenant.
  
   Penalty:
  
     Fine not exceeding 100 penalty units.
    
          (2)  A court that convicts a person of an offence under
   subsection (1), in addition to any penalty it imposes under that
   subsection -
  
      (a)  must order that person to pay to the Crown the amount the
     court considers appropriate having regard to any compensation that
     has been paid to that person, or to any previous owner of the land
     that is subject to the covenant, by virtue of the covenant; and
    
      (b)  may order that person to pay to the Crown the amount the
     court considers appropriate having regard to any loss, or costs,
     incurred by the Crown as a result of the breach of the covenant;
     and
    
      (c)  must order that person to pay to the Crown the amount the
     court considers appropriate of any financial gain made by that
     person as a result of or in connection with the breach of the
     covenant.
    
    47. Service of applications, &c.
  
   An application, notification or other document required to be served
   on a person under this Part may be sent by post or delivered
   personally.
  
                 PART 6 - Provisions Relating to Enforcement
  
    48. Interpretation of "found offending"
  
   Section 55(5) of the  Police Offences Act 1935  applies in respect of
   this Part as it applies in respect of that section as if the reference
   in that subsection to that Act were a reference to this Act.
  
    49. Power to require offenders to disclose identity and leave land
  
          (1)  If an authorised officer has reasonable grounds for
   believing that a person has committed, or is committing, an offence
   against this Act, he or she may require that person to state his or
   her name and residential address.
  
          (2)  If a person is found offending within any reserved land
   against any provision of this Act, an authorised officer may require
   the person to leave the reserved land.
  
          (3)  The owner or occupier, or an employee or agent of an owner
   or occupier, of any land may require any person trespassing on that
   land whom he or she has reasonable grounds for believing has
   committed, or is committing, an offence against this Act -
  
      (a)  to state his or her name and residential address; and
    
      (b)  to leave that land.
    
          (4)  A person who, when required under this section to state
   his or her name and residential address, fails or refuses to do so, or
   gives a name or residential address that is false, is guilty of an
   offence.
  
          (5)  A person who, when required under this section to leave
   any land, refuses to do so, or does not do so with reasonable
   expedition, is guilty of an offence.
  
    50. Production of licences, &c.
  
   An authorised officer may require any person to produce any licence,
   permit or other document issued to the person under this Act or the
    National Parks and Reserves Management Act 2002  and any person who
   fails or refuses to comply with such a requirement is guilty of an
   offence.
  
    51. Powers and functions of seizure
  
          (1)  If an authorised officer has reasonable grounds for
   believing that an offence has been committed under this Act with
   respect to any wildlife, the products of any wildlife or any plant,
   the authorised officer may seize one or more of the following:
  
      (a)  that wildlife, those products or that plant;
    
      (b)  any products of that wildlife.
    
          (2)  An authorised officer is to seize any hunting equipment
   that the officer has reasonable grounds for believing has been or is
   being used in, or in connection with, the commission of an offence
   under this Act.
  
          (3)  An authorised officer may seize any thing that the officer
   has reasonable grounds for believing has been taken by, or is in the
   possession of, a person contrary to the provisions of this Act.
  
          (4)  An authorised officer may seize a licence, permit or other
   document issued under this Act if the officer has reasonable grounds
   for believing that the holder of the licence, permit or other document
   has committed an offence under this Act.
  
          (5)  An authorised officer may seize any record or document -
  
      (a)  relating to trade in wildlife or other wildlife matters; or
    
      (b)  that appears to indicate that an offence under this Act has
     been, or is being, committed.
    
          (6)  An authorised officer may seize any living thing that he
   or she has reasonable grounds for believing has been used for the
   purpose of taking wildlife contrary to the provisions of this Act.
  
          (7)  If any hunting equipment, licence, permit, record or other
   document or any other animate or inanimate thing is seized under this
   Act, the person by whom it was seized may, subject to the directions
   of the Secretary or some person authorised by the Secretary, retain it
   until the determination of any proceedings that may be instituted in
   respect of an offence against this Act against the person from whom it
   was seized.
  
          (8)  If any hunting equipment, licence, permit, record or other
   document or any other animate or inanimate thing has been seized from
   any person under this Act and no proceedings have been instituted
   against that person for an offence on conviction for which it may be
   forfeited to the Crown, a court of petty sessions, on the application
   of that person, may direct it to be returned to that person and, on
   the making of that direction, the authority under subsection (7) to
   retain it ceases.
  
          (9)  A person who, when required to do so by an authorised
   officer, refuses to deliver to that officer any hunting equipment,
   licence, permit, record or other document, or any other animate or
   inanimate thing, that the officer is entitled to seize under this Act
   is guilty of an offence.
  
    52. Powers of entry and search
  
          (1)  If an authorised officer has reason to believe that any
   thing which he or she is entitled to seize under this Act is in or on
   any premises, conveyance or container, the officer may search those
   premises, that conveyance or that container.
  
          (2)  An authorised officer may inspect and search any premises
   or conveyance where -
  
      (a)  any wildlife, any products of wildlife or any plants are kept
     for sale, or offered or exposed for sale; or
    
      (b)  the authorised officer has reasonable grounds for believing
     that any wildlife, any products of wildlife or any plants are kept
     for sale, or offered or exposed for sale.
    
          (3)  An authorised officer may inspect and search any premises
   at which any person, under any licence or permit issued or granted
   under the wildlife regulations or section 29, is authorised to keep or
   have in possession any wildlife.
  
          (4)  For the purposes of conducting a search under this section
   in a conveyance, an authorised officer may require that conveyance to
   be stopped and, if it is on reserved land or on any water, the
   authorised officer may bring it, or cause or require it to be brought,
   to some convenient place for the search to be carried out.
  
          (5)  In exercising the powers conferred, or in performing the
   functions imposed, by section 51 or this section, an authorised
   officer may do any or all of the following things at all reasonable
   times, without warrant:
  
      (a)  enter any premises, conveyance or container;
    
      (b)  in any premises, conveyance or container lawfully entered,
     search for, examine, make copies of or take extracts from any
     record or other document -
    
      (i)  relating to trade in wildlife or other wildlife matters; or
    
      (ii)  that appears to indicate that an offence under this Act has
     been, or is being, committed;
    
      (c)  in any premises, conveyance or container lawfully entered,
     open any container.
    
          (6)  For the purpose of facilitating the exercise of his or her
   powers under this section in respect of any premises, conveyance or
   container, an authorised officer may require the person apparently in
   charge of those premises, that conveyance or that container, or any of
   the person's employees or agents, to afford the authorised officer
   such assistance as he or she may require.
  
          (7)  A person who, without reasonable excuse (the proof of
   which lies on that person) refuses or fails to comply with any
   requirements made to him or her by an authorised officer under this
   section is guilty of an offence.
  
          (8)  In exercising the powers conferred, or in performing the
   functions imposed, by section 51 or this section, an authorised
   officer must not enter any premises, or any part of any premises, used
   as a principal residence except where the officer has obtained a
   warrant under subsection (9) or the permission of the occupier to
   enter the residence.
  
          (9)  If a magistrate or justice is satisfied, on the
   application of an authorised officer, that there is reasonable cause
   to permit entry to any premises, or any part of any premises, used as
   a principal residence, the magistrate or justice may issue a warrant
   authorising an authorised officer to enter the premises or the part of
   premises specified in the warrant for the purposes of exercising the
   powers conferred, and the functions imposed, by section 51 or this
   section in those premises or that part.
  
          (10)  A warrant issued under subsection (9) -
  
      (a)  is valid for a period of 30 days; and
    
      (b)  authorises all persons acting in aid of an authorised officer
     to enter the premises, or the part of premises, specified in the
     warrant.
    
    53. Powers of arrest
  
   An authorised officer may arrest, without warrant, any person found
   offending who -
  
      (a)  fails or refuses, on demand, to give his or her full name and
     residential address; or
    
      (b)  gives any name or residential address that the officer has
     reasonable grounds for believing is false; or
    
      (c)  does not deliver up to that officer, on demand, any thing in
     his or her possession or under his or her control, that the officer
     is entitled to seize under this Act.
    
    54. Commencing proceedings
  
   Despite section 26 of the  Justices Act 1959 , proceedings for a
   summary offence against this Act may be commenced within 5 years after
   the act or omission giving rise to the proceedings occurred.
  
    55. Penalty
  
   A person who is guilty of an offence against this Part is liable to a
   fine not exceeding 10 penalty units or imprisonment for a term not
   exceeding 6 months, or both.
  
    56. Production and cancellation of licences, &c., in offence
   proceedings
  
          (1)  The holder of a licence, permit or other document issued
   under this Act who is charged with an offence under this Act must
   produce the licence, permit or other document to the court which is
   hearing the charge except where the holder has a reasonable excuse for
   not doing so.
  
   Penalty:
  
     Fine not exceeding 2 penalty units.
    
          (2)  If a person fails to comply with subsection (1) in respect
   of any charge, the court before which he or she is charged may
   immediately, and on its own knowledge of the offence, convict him or
   her of the offence and impose a penalty on that conviction.
  
          (3)  If a person is convicted of an offence under this Act, the
   court may make an order doing any one or more of the following in
   addition to, or instead of, imposing any other penalty:
  
      (a)  cancelling any licence, permit or other document issued to
     the person under this Act;
    
      (b)  prohibiting the person from applying for, or being granted or
     issued, a licence, permit or other document under this Act for the
     period specified in the order;
    
      (c)  prohibiting the person from being in possession or control of
     any hunting equipment for the period specified in the order.
    
          (4)  The cancellation of a licence, permit or other document
   under subsection (3) takes effect on the day on which the order is
   made.
  
          (5)  If a licence, permit or other document is ordered to be
   cancelled under subsection (3), the clerk of the court is to, if that
   licence, permit or other document is available to the clerk -
  
      (a)  endorse on that licence, permit or other document a statement
     that the licence, permit or other document has been cancelled; and
    
      (b)  cause that licence, permit or other document to be delivered
     to the Secretary.
    
    57. Cancellation of firearms licence
  
          (1)  In this section,
  
      "firearms licence"  has the same meaning as in the  Firearms Act
     1996 .
    
          (2)  If a person is convicted of an offence against this Act
   and the behaviour constituting the offence involved the use of a
   firearm, the court may, in addition to imposing any other penalty,
   make an order doing any one or more of the following:
  
      (a)  cancelling or suspending a firearms licence held by that
     person;
    
      (b)  prohibiting the person from applying for, or being granted or
     issued, a firearms licence during the period specified in the
     order.
    
          (3)  The clerk of the court which made an order under
   subsection (2) must provide the Commissioner of Police with a copy of
   the order.
  
          (4)  On receipt of a copy of an order provided under
   subsection (3), the Commissioner of Police must, by notice in writing
   served on the person to whom the order relates, notify that person of
   the terms of the order and require that person to surrender to the
   Commissioner of Police any firearms licence and any firearm held by
   the person.
  
          (5)  The cancellation or suspension of a firearms licence under
   this section takes effect when the notice referred to in
   subsection (4) is served on the holder of the licence.
  
          (6)  A notice referred to in subsection (4) is effectively
   served on a person if it is -
  
      (a)  given to the person; or
    
      (b)  left at, or sent by post to, the person's postal or
     residential address or the place or address of business or
     employment last known to the server of the notice.
    
    58. Contravention of order under section 56(3)
  
          (1)  A person who contravenes or fails to comply with an order
   made under section 56(3)(c) is guilty of an offence.
  
          (2)  If an authorised officer has reasonable grounds for
   believing that a person has committed an offence under subsection (1),
   the authorised officer may, without warrant -
  
      (a)  arrest that person; and
    
      (b)  for the purpose of arresting that person -
    
      (i)  enter, by force if necessary, any premises on which the
     authorised officer has reasonable grounds for believing that person
     is present; and
    
      (ii)  search those premises.
    
    59. Forfeiture of articles, &c., on conviction
  
          (1)  Any wildlife, products of wildlife or plants taken, had in
   possession, bought, sold, dealt with, exported or disposed of in
   contravention of this Act are forfeited to the Crown, and the
   conviction of any person for any such contravention has effect as a
   condemnation of that wildlife, those products or those plants without
   the necessity of a complaint being laid for that condemnation.
  
          (2)  On the conviction of a person of an offence under this
   Act, hunting equipment is forfeited to the Crown -
  
      (a)  if it was used in, or in connection with, the commission of
     that offence; or
    
      (b)  if the offence was committed in relation to it.
    
          (3)  On convicting a person of an offence under this Act, the
   court may order hunting equipment referred to in subsection (2) to be
   returned to another person if the court is satisfied that -
  
      (a)  the other person owns or has an interest in the equipment;
     and
    
      (b)  the equipment was used in or in connection with the
     commission of the offence, or the offence was committed in relation
     to the equipment, without the consent of the other person; and
    
      (c)  it would be unjust to the other person for the equipment to
     be forfeited to the Crown.
    
          (4)  On conviction for an offence under this Act, the court may
   declare forfeited to the Crown anything seized under section 51(3).
  
          (5)  Any wildlife, products of wildlife, plants, hunting
   equipment or other things forfeited under this section are to be
   disposed of in the prescribed manner or, if no manner is prescribed,
   as the Secretary determines.
  
    60. Compensation on conviction for offences
  
          (1)  In this section,  "appropriate authority"  means the owner
   (if any) of the property or creature in respect of which the sum was
   ordered to be paid.
  
          (2)  If a person is convicted of an offence under this Act and,
   in or as a result of the commission of that offence, damage or injury
   was caused to any property or any wildlife was taken, the court by
   which the person is convicted may, in addition to, or instead of,
   imposing any penalty or making any other order on that conviction,
   order that person to pay to the appropriate authority such sum as it
   thinks reasonable by way of compensation for the damage or injury or
   the taking of the wildlife.
  
    61. Protection of authorised officers
  
   No action lies in respect of the giving of advice, or the failure to
   give advice, by any authorised officer while he or she is acting in
   good faith in the administration of this Act.
  
                        PART 7 - Infringement Notices
  
    62. Infringement notices
  
          (1)  An authorised officer may serve an infringement notice on
   a person if of the opinion that the person has committed a prescribed
   offence.
  
          (2)  An infringement notice is to be in accordance with section
   14 of the  Monetary Penalties Enforcement Act 2005 .
  
    63. Payments into Consolidated Fund
  
   Any payments in respect of an infringement notice are payable into the
   Consolidated Fund.
  
    64. 
  
    65. 
  
    66. 
  
    67. 
  
    68. Regulations for this Part
  
   Without limiting the matters in respect of which the regulations may
   be made, the regulations may make provision for the purposes of this
   Part, including but not limited to, the following matters:
  
      (a)  providing that a contravention of any of the regulations is a
     prescribed offence for the purposes of this Part;
    
      (b)  providing, in respect of such an offence, for the imposition
     of a fine not exceeding 10 penalty units and, in the case of a
     continuing offence, a further fine not exceeding 5 penalty units
     for each day during which the offence continues.
    
                            PART 8 - Miscellaneous
  
    69. Capacity, &c., to consent
  
          (1)  A body corporate may give any consent for the purposes of
   this Act, notwithstanding that, apart from this subsection, it would
   have no power or capacity to give that consent.
  
          (2)  Nothing in this Act entitles the owner of any land to give
   any consent for the doing of anything in relation to that land in
   derogation of the estate of any other person in occupation of that
   land without the consent of that other person.
  
    70. Assistance to officers
  
          (1)  In this section,
  
      "officer"  means the Secretary, a person employed in the
     Department or a ranger.
    
          (2)  If a person has been requested to assist an officer
   carrying out his or her functions under this Act and is willing to do
   so, another person must not, either directly or indirectly, prevent,
   dissuade, hinder, impede or obstruct that person from assisting that
   officer or from proceeding to a place for the purpose of assisting
   that officer.
  
    71. Compensation for injury or death occurring in the course of
   official duty, &c.
  
          (1)  In this section -
  
      "dependants"  has the same meaning as it has in the  Workers
     Rehabilitation and Compensation Act 1988 ;
    
      "officer"  means the Secretary, a person employed in the
     Department or a ranger.
    
          (2)  If -
  
      (a)  a ranger is killed or suffers personal injury in the course
     of carrying out official functions or dies as a result of personal
     injury so suffered; or
    
      (b)  a person (not being an officer) is killed or suffers personal
     injury in the course of assisting an officer carrying out official
     functions under the supervision of that officer, or dies as a
     result of personal injury so suffered -
    
   and that ranger or other person is not, or as the case may be, his or
   her dependants are not, entitled to compensation under the  Workers
   Rehabilitation and Compensation Act 1988  in respect of the injury or
   death, that ranger or other person is, or in the case of his or her
   death, his or her dependants are, entitled to compensation as provided
   in this section.
  
          (3)  A ranger or other person is taken to be carrying out
   official functions -
  
      (a)  when he or she is carrying out any functions or exercising
     any powers conferred on him or her by this Act; or
    
      (b)  while he or she is travelling in either direction between his
     place of residence or place of employment and the place at which
     those functions are being, are to be or have been carried out.
    
          (4)  A person is taken to be assisting an officer carrying out
   official functions while he or she is travelling in either direction
   between his or her place of residence or place of employment and the
   place at which those functions are being, are to be or have been
   carried out.
  
          (5)  Subject to subsection (6), the compensation payable to a
   ranger or other person under this section is to be such amount as the
   Governor, on the recommendation of the Secretary, determines.
  
          (6)  Compensation under this section is to be calculated in
   accordance with the  Workers Rehabilitation and Compensation Act
   1988 .
  
          (7)  A ranger or other person by whom, or on whose behalf,
   compensation under this section is claimed is to, if so required by
   the Secretary, submit to the Secretary such evidence in support of his
   or her claim, and such medical certificates, as the Secretary
   requires, and such other information, if any, as may be prescribed.
  
          (8)  The compensation payable to a ranger or other person under
   this section is to be defrayed out of moneys to be provided by
   Parliament for the purpose.
  
    72. Gifts for conservation purposes
  
          (1)  If any money or other property is given, devised or
   bequeathed for any conservation purpose under this Act, that money, or
   the proceeds of the realisation of that property, may be paid into a
   special deposit account or trust account established under Part III of
   the  Public Account Act 1986 , and the moneys for the time being
   standing to the credit of that account are not to be applied otherwise
   than for that purpose.
  
          (2)  Any interest arising from the investment of moneys paid
   into a special deposit account or trust account established pursuant
   to this section is to be paid into that account.
  
          (3)  Nothing in this section prejudices or affects the
   operation of any trust to which any money or other property is
   subject.
  
    73. Aboriginal cultural activities on Aboriginal land
  
          (1)  In this section -
  
      "Aboriginal cultural activity"  means the activity of hunting,
     fishing or gathering undertaken by an Aboriginal person for his or
     her personal use based on Aboriginal custom of Tasmania as passed
     down to that Aboriginal person;
    
      "Aboriginal land"  has the same meaning as in the  Aboriginal
     Lands Act 1995 ;
    
      "Aboriginal person"  has the same meaning as in the  Aboriginal
     Lands Act 1995 .
    
          (2)  Nothing in this Act precludes an Aboriginal cultural
   activity by an Aboriginal person on Aboriginal land, so long as that
   activity is not likely, in the opinion of the Minister, to have a
   detrimental effect on fauna and flora and is consistent with this Act.
  
    74. Expenses of Act
  
          (1)  In this section,
  
      "special account"  means a trust account established under
     subsection (3).
    
          (2)  Except as otherwise expressly provided by this Act, all
   moneys received by, or on behalf of, the Minister, the Minister for
   Crown Lands or the Secretary under this Act are to be paid into the
   Consolidated Fund, and the expenses incurred in the administration of
   this Act are to be defrayed out of moneys provided by Parliament for
   the purpose.
  
          (3)  In accordance with Part III of the  Public Account Act
   1986 , trust accounts may be established with respect to any matter
   for which the Secretary has responsibility under this Act.
  
          (4)  Except as the Treasurer otherwise directs, all moneys
   received by, or on behalf of, the Secretary for the purposes of a
   special account are to be paid into that account.
  
          (5)  Except as the Treasurer otherwise directs, the moneys for
   the time being standing to the credit of a special account are to be
   applied, as the Secretary determines, in meeting expenses incurred in
   connection with the matter for which the account was established.
  
    75. Delegation by Minister
  
   The Minister may delegate any of his or her functions or powers under
   this Act other than this power of delegation.
  
    76. Regulations
  
          (1)  The Governor may make regulations for the purposes of this
   Act.
  
          (2)  Nothing in the regulations prohibits the doing of anything
   required to be done for the purposes of complying with any other Act.
  
          (3)  Without limiting the generality of subsection (1)
   regulations made under this subsection may make provision for or with
   respect to -
  
      (a)  the payment and collection of fees by any person in relation
     to any act, matter or thing done or arising under this Act; and
    
      (b)  the remission of, or exemption from liability for, any such
     fees.
    
          (4)  The regulations may -
  
      (a)  be of general or specially limited application; and
    
      (b)  apply differently according to matters, limitations or
     restrictions, whether as to time, circumstance or otherwise,
     specified in the regulations; and
    
      (c)  authorise any matter to be from time to time determined,
     applied or regulated by the Minister, the Secretary or another
     person performing functions under this Act as specified in the
     regulations.
    
          (5)  The regulations may contain provisions of a savings or
   transitional nature consequent on the enactment of this Act or the
    National Parks and Reserves Management Act 2002 .
  
          (6)  A provision referred to in subsection (5) may take effect
   on and from the day on which this Act commences or a later day.
  
          (7)  The regulations may rescind regulations or other
   subordinate legislation made under the  National Parks and Wildlife
   Act 1970 .
  
    76A. Amendment of Schedule 3A
  
          (1)  The Minister, by order, may amend Schedule 3A by doing one
   or more of the following:
  
      (a)  inserting an item in the Schedule;
    
      (b)  omitting an item from the Schedule;
    
      (c)  omitting an item from the Schedule and substituting a new
     item.
    
          (2)  The provisions of section 47(3), (3A), (4), (5), (6) and
   (7) of the  Acts Interpretation Act 1931  apply to an order under
   subsection (1) as if the order were regulations within the meaning of
   that Act.
  
          (3)  An order under this section is not an instrument of a
   legislative character for the purpose of the  Subordinate Legislation
   Act 1992 .
  
    77. Savings and transitional provisions
  
   The savings and transitional provisions set out in Schedule 4 have
   effect.
  
    78. Administration of Act
  
   Until provision is made in relation to this Act by order under section
   4 of the  Administrative Arrangements Act 1990  -
  
      (a)  the administration of this Act is assigned to the Minister
     for Primary Industries, Water and Environment; and
    
      (b)  the department responsible to that Minister in relation to
     the administration of this Act is the Department of Primary
     Industries, Water and Environment.
    
             SCHEDULE 1 - Determination of class of reserved land
  
                                                        Sections 3 and 16
  
                                   Column 1
  
                                   Column 2
  
                                   Column 3
  
                            Class of reserved land
  
                                Values of land
  
                           Purposes of reservation
  
   1.
  
   National park
  
   A large natural area of land containing a representative or
   outstanding sample of major natural regions, features or scenery.
  
   The protection and maintenance of the natural and cultural values of
   the area of land while providing for ecologically sustainable
   recreation consistent with conserving those values.
  
   2.
  
   State reserve
  
   An area of land containing any of the following:
  
   The protection and maintenance of any one or more of the following:
  
     (a) significant natural landscapes;
    
     (a)  the natural and cultural values of the area of land;
    
     (b) natural features;
    
     (b)  sites, objects or places of significance to Aboriginal people
     contained in that area of land;
    
     (c) sites, objects or places of significance to Aboriginal people.
    
     (c)  use of the area of land by Aboriginal people -
    
   while providing for ecologically sustainable recreation consistent
   with conserving any of the things referred to in paragraphs (a), (b)
   and (c), as applicable.
  
   3.
  
   Nature reserve
  
   An area of land that contains natural values that -
  
   The conservation of the natural biological diversity or geological
   diversity of the area of land, or both, and the conservation of the
   natural values of that area of land that are unique, important or have
   representative value.
  
     (a) contribute to the natural biological diversity or geological
     diversity of the area of land, or both; and
    
     (b) are unique, important or have representative value.
    
   4.
  
   Game reserve
  
   An area of land containing natural values that are unique, important
   or have representative value particularly with respect to game
   species.
  
   The conservation of the natural values of the area of land that are
   unique, important or have representative value, the conservation of
   the natural biological diversity or geological diversity of that area
   of land, or both, and the ecologically sustainable hunting of game
   species in that area of land.
  
   5.
  
   Conservation area
  
   An area of land predominantly in a natural state.
  
   The protection and maintenance of the natural and cultural values of
   the area of land and the sustainable use of the natural resources of
   that area of land.
  
   6.
  
   Nature recreation area
  
   An area of land -
  
   Public recreation and education consistent with conserving the natural
   and cultural values of the area of land.
  
     (a) predominantly in a natural state; or
    
     (b) containing sensitive natural sites of significance for
     recreation.
    
   7.
  
   Regional reserve
  
   An area of land -
  
   Mineral exploration and the development of mineral deposits in the
   area of land, and the controlled use of other natural resources of
   that area of land, while protecting and maintaining the natural and
   cultural values of that area of land.
  
     (a) with high mineral potential or prospectivity; and
    
     (b) predominantly in a natural state.
    
   8.
  
   Historic site
  
   An area of land of significance for historic cultural heritage.
  
   The conservation of the historic features of the area of land and the
   presentation of those features for public appreciation and education.
  
   9.
  
   Private sanctuary
  
   An area of land that has significant natural or cultural values, or
   both.
  
   The protection and maintenance of the natural or cultural values of
   the area of land, or both, while permitting the carrying out of
   agricultural or other activities on that land consistent with
   conserving those values.
  
   10.
  
   Private nature reserve
  
   An area of land that contains natural values that -
  
   The conservation of the natural biological diversity or geological
   diversity of the area of land, or both, and the conservation of the
   natural values of that area of land that are unique, important or have
   representative value.
  
     (a) contribute to the natural biological diversity or geological
     diversity of the area of land, or both; and
    
     (b) are unique, important or have representative value.
    
       SCHEDULE 2 - Objectives of the Resource Management and Planning
                             System of Tasmania
  
                                                             Section 3(1)
    
    1.  The objectives of the resource management and planning system of
   Tasmania are -
  
      (a)  to promote the sustainable development of natural and
     physical resources and the maintenance of ecological processes and
     genetic diversity; and
    
      (b)  to provide for the fair, orderly and sustainable use and
     development of air, land and water; and
    
      (c)  to encourage public involvement in resource management and
     planning; and
    
      (d)  to facilitate economic development in accordance with the
     objectives set out in paragraphs (a), (b) and (c); and
    
      (e)  to promote the sharing of responsibility for resource
     management and planning between the different spheres of
     Government, the community and industry in the State.
    
      2.  In item 1(a),
  
      "sustainable development"  means managing the use, development and
     protection of natural and physical resources in a way, or at a
     rate, which enables people and communities to provide for their
     social, economic and cultural wellbeing and for their health and
     safety while -
    
      (a)  sustaining the potential of natural and physical resources to
     meet the reasonably foreseeable needs of future generations; and
    
      (b)  safeguarding the life-supporting capacity of air, water, soil
     and ecosystems; and
    
      (c)  avoiding, remedying or mitigating any adverse effects of
     activities on the environment.
    
     SCHEDULE 3 - Registration of Proclamations Referred to in section 22
  
                                                               Section 22
    
    1. Interpretation
  
   In this Schedule,
  
      "Register"  has the same meaning as it has in the  Land Titles Act
     1980 .
    
      2. Registering proclamations under section 22(1)
  
          (1)  A proclamation required to be registered under
   section 22(1) is to be registered by lodging with the Recorder -
  
      (a)  a copy of the proclamation; and
    
      (b)  particulars of the title to the land to which the
     proclamation relates that is not Crown land or land vested in a
     public authority.
    
          (2)  If a proclamation has been lodged under subclause (1), the
   Recorder is to record the proclamation on the folio of the Register
   constituting the title to the land to which the proclamation relates
   that is not Crown land or land vested in a public authority.
    
    3. Procedure where land not under Land Titles Act 1980
  
          (1)  If the whole or any part of the land referred to in
   clause 2(1)(b) is not under the  Land Titles Act 1980 , the Recorder
   is to bring under that Act so much of the land that is not under that
   Act by registering a qualified title to it in accordance with section
   21 of that Act.
  
          (2)  If part only of the land referred to in clause 2(1)(b) to
   which a proclamation relates is required to be brought under the  Land
   Titles Act 1980  by this clause, the Recorder is to issue a
   consolidated title to the whole of the land and for that purpose may
   call in and cancel in accordance with section 163 of that Act the
   certificates of title to the parts of the land.
  
          (3)  The Recorder is not bound, for the purposes of
   subclause (1), to investigate the title to any land.
    
    4. Registering proclamations under section 22(2) and (3)
  
          (1)  A proclamation required to be registered under
   subsection (2) or (3) of section 22 -
  
      (a)  is to contain particulars of the title to the area of the
     private sanctuary or private nature reserve -
    
      (i)  to which it relates, in the case of a proclamation required
     to be registered under subsection (2) of that section; or
    
      (ii)  ceasing to be, or to form part of, reserved land in the
     class of private sanctuary or private nature reserve by virtue of
     the proclamation, in any other case; and
    
      (b)  is to be registered by lodging with the Recorder a copy of
     the proclamation.
    
          (2)  If a proclamation has been lodged under subclause (1), the
   Recorder is to record on the folio of the Register constituting the
   title to the area of the private sanctuary or private nature reserve
   to which the proclamation relates -
  
      (a)  particulars of the alteration or name contained in the
     proclamation, in the case of a proclamation required to be
     registered under section 22(2); or
    
      (b)  a statement that that area of land has ceased to be, or to
     form part of, reserved land in the class of private sanctuary or
     private nature reserve declared by the proclamation previously
     registered in respect of that land, in any other case.
    
      5. Registration fee not payable
  
   A fee is not payable in respect of the registration of a proclamation
   in accordance with this Schedule.
  
            SCHEDULE 3A - Threatened native vegetation communities
  
                                                               Section 33
    
    1.  Alkaline pans
    
    2.   Allocasuarina littoralis  forest
    
    3.   Athrotaxis cupressoides/Nothofagus gunnii  short rainforest
    
    4.   Athrotaxis cupressoides  open woodland
    
    5.   Athrotaxis cupressoides  rainforest
    
    6.   Athrotaxis selaginoides/Nothofagus gunni  short rainforest
    
    7.   Athrotaxis selaginoides  rainforest
    
    8.   Athrotaxis selaginoides  subalpine scrub
    
    9.   Banksia marginata  wet scrub
    
    10.   Banksia serrata  woodland
    
    11.   Callitris rhomboidea  forest
    
    12.  Coastal complex on King Island
    
    13.  Cushion moorland
    
    14.   Eucalyptus amygdalina  forest and woodland on sandstone
    
    15.   Eucalyptus amygdalina  inland forest and woodland on cainozoic
   deposits
     
    16.   Eucalyptus brookeriana  wet forest
     
    17.   Eucalyptus globulus  dry forest and woodland
     
    18.   Eucalyptus globulus  King Island forest
     
    19.   Eucalyptus morrisbyi  forest and woodland
     
    20.   Eucalyptus ovata  forest and woodland
     
    21.   Eucalyptus risdonii  forest and woodland
     
    22.   Eucalyptus tenuiramis  forest and woodland on sediments
     
    23.   Eucalyptus viminalis - Eucalyptus globulus  coastal forest and
   woodland
     
    24.   Eucalyptus viminalis  Furneaux forest and woodland
     
    25.   Eucalyptus viminalis  wet forest
     
    26.  Heathland on calcarenite
     
    27.  Heathland scrub complex at Wingaroo
     
    28.  Highland grassy sedgeland
     
    29.  Highland  Poa  grassland
     
    30.   Melaleuca ericifolia  swamp forest
     
    31.   Melaleuca pustulata  scrub
     
    32.   Notelaea - Pomaderris - Beyeria  forest
     
    33.  Rainforest fernland
     
    34.  Riparian scrub
     
    35.  Seabird rookery complex
     
    36.   Sphagnum  peatland
     
    37.  Subalpine  Diplarrena latifolia  rushland
     
    38.  Subalpine  Leptospermum nitidum  woodland
     
    39.  Wetlands
  
               SCHEDULE 4 - Savings and Transitional Provisions
  
                                                               Section 77
     
    1. Interpretation
  
   In this Schedule -
  
      "commencement day"  means the day on which the  National Parks and
     Reserves Management Act 2002  and this Act commence;
    
      "repealed Act"  means the  National Parks and Wildlife Act 1970
     and any subordinate legislation made and in force under that Act
     immediately before the commencement day.
    
      2. Reserved land
  
   An area of land that immediately before the commencement day was
   reserved land, within the meaning of the repealed Act, in a class
   referred to in section 15 of the repealed Act is taken to be reserved
   land in the corresponding class under this Act with the same name as
   it had under the repealed Act.
     
    3. Licences, permits and other authorities
  
   A licence, permit or other authority issued and in force, immediately
   before the commencement day, under a provision of the repealed Act in
   respect of which there is a corresponding provision in this Act is
   taken to have been issued and to be in force under that corresponding
   provision of this Act.
     
    4. Conservation covenants
  
          (1)  A conservation covenant, within the meaning of the
   repealed Act, that was made and in force, immediately before the
   commencement day, under the repealed Act is taken to have been made
   and to be in force as a conservation covenant under this Act.
  
          (2)  Subject to subclause (4), a reference in a conservation
   covenant referred to in subclause (1) to the Director is taken to be a
   reference to the Secretary.
  
          (3)  At any time on or after the commencement day and with the
   consent of the Director, the Secretary may determine, by notice
   provided to the owner of the land subject to the conservation covenant
   affected by the determination, the Director and the Recorder, that a
   reference in a conservation covenant referred to in subclause (1) to
   the Director that is taken, by reason of subclause (2), to be a
   reference to the Secretary is to be taken to be a reference to the
   Director.
  
          (4)  On and after the day on which the notice of a
   determination under subclause (3) is provided to the last of the
   persons required to be provided with that notice under that
   subsection, the reference to which the determination relates is taken
   to be a reference to the Director.
     
    5. Management agreements and other documents related to conservation
   covenants
  
          (1)  A management agreement, within the meaning of the repealed
   Act, that was made and in force immediately before the commencement
   day under the repealed Act is taken to have been made and to be in
   force as a management agreement under this Act.
  
          (2)  A document in force immediately before the commencement
   day relating to a conservation covenant referred to in clause 4(1), or
   management agreement, referred to in subclause (1), is taken to have
   been made and to be in force under this Act.
  
          (3)  Subject to subclause (5), a reference in a management
   agreement or document referred to in subclause (1) or (2) to the
   Director is taken to be a reference to the Secretary.
  
          (4)  At any time on or after the commencement day and with the
   consent of the Director, the Secretary may determine, by notice
   provided to the owner of the land subject to the conservation covenant
   affected by the determination and the Director, that a reference in a
   management agreement or document referred to in subclause (1) or (2)
   to the Director that is taken, by reason of subclause (3), to be a
   reference to the Secretary is to be taken to be a reference to the
   Director.
  
          (5)  On and after the day on which the notice of a
   determination under subclause (4) is provided to the last of the
   persons required to be provided with that notice under that
   subsection, the reference to which the determination relates is taken
   to be a reference to the Director.
     
    6. Rangers
  
   The appointment of a ranger under the repealed Act continues and is
   taken to be an appointment as a ranger under this Act.
     
    7. Wildlife regulations and other subordinate legislation
  
   The  Wildlife Regulations 1999 , and any orders in force immediately
   before the commencement day under section 35A of the repealed Act, are
   taken to have been made under this Act.
  
                             Table Of Amendments
                                     
   Act Number and year Date of commencement
   Nature Conservation Act 2002 No. 63 of 2002 31.12.2002
   Police Service (Consequential Amendments) Act 2003 No. 76 of 2003
   1.1.2004
   Forest Practices Administrative Reform (Transitional and
   Consequential) Act 2004 No. 56 of 2004 1.7.2005
   Legislation Publication Act 1996 No. 17 of 1996 6.2.2006
   Nature Conservation Amendment (Threatened Native Vegetation
   Communities) Act 2006 No. 36 of 2006 30.4.2007
   Monetary Penalties Enforcement (Transitional Arrangements and
   Consequential Amendments) Act 2007 No. 72 of 2007 28.4.2008
   Resource Planning and Development Commission Legislation
   (Miscellaneous Amendments) Act 2009 No. 28 of 2009 1.9.2009
                                                                         
  
   CURRENT VIEW:  1 Sep 2009   
                                                                         
  
  

 



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