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This is a Bill, not an Act. For current law, see the Acts databases.
Wilderness Amendment Bill 2004
No , 2004
A Bill for
An Act to amend the Wilderness Act 1987 with respect to the control and
management of feral animals and noxious weeds in wilderness areas; and for other
purposes.
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Clause 1 Wilderness Amendment Bill 2004
The Legislature of New South Wales enacts: 1
2
1 Name of Act
This Act is the Wilderness Amendment Act 2004. 3
4
2 Commencement
This Act commences on the date of assent. 5
6
3 Amendment of Wilderness Act 1987 No 196
The Wilderness Act 1987 is amended as set out in Schedule 1. 7
Page 2
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Wilderness Amendment Bill 2004
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3)
3
[1] Section 2 Definitions
Insert in alphabetical order in section 2 (1): 4
feral animal means any of the following animals that is living in 5
the wild: 6
(a) pig, 7
(b) dog (other than dingo), 8
(c) cat, 9
(d) goat, 10
(e) rabbit, 11
(f) hare, 12
(g) fox. 13
noxious weed, in relation to a wilderness area, means a plant 14
declared to be a noxious weed in respect of the State, or the part 15
of the State in which the wilderness area is located, under the 16
Noxious Weeds Act 1993. 17
18
[2] Section 9 Management principles for wilderness areas
Insert at the end of section 9 (c): 19
, and 20
(d) to protect native plant and animal communities by 21
reducing or controlling the presence of noxious weeds and 22
feral animals in the area and ameliorating the effects of 23
such weeds and animals on the area. 24
25
[3] Section 25A
Insert after section 25: 26
27
25A Relationship of Act to Noxious Weeds Act 1993
Section 9 (d) of this Act is in addition to, and does not detract 28
from, the operation of the Noxious Weeds Act 1993. 29
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Wilderness Amendment Bill 2004
Schedule 1 Amendments
[4] Sections 31 and 32 1
Insert after section 30: 2
3
31 Transitional provision--wilderness protection agreements and
4
plans of management under this Act
(1) In this section, new management principle means the principle 5
set out in section 9 (d), as inserted by the Wilderness Amendment 6
Act 2004. 7
(2) The new management principle does not affect the validity of a 8
wilderness protection agreement that was entered into, or a plan 9
of management that was made under this Act, before the 10
amendment of section 9 by the Wilderness Amendment Act 2004. 11
(3) The Minister is to review any wilderness protection agreement 12
entered into by the Minister that is in force at the commencement 13
of this section to determine whether the terms of the agreement 14
are consistent with the new management principle. 15
(4) The Director is to: 16
(a) review any plan of management made under this Act for 17
land subject to a wilderness protection agreement that is in 18
force at the commencement of this section to determine 19
whether the terms of the plan are consistent with the new 20
management principle, and 21
(b) if the Director determines that a plan of management is not 22
consistent with the new management principle, develop 23
recommendations about the alterations or amendments 24
that are necessary for the plan to become consistent with 25
the new management principle, and 26
(c) submit those recommendations to the Minister. 27
(5) The reviews referred to in subsections (3) and (4) are to be 28
undertaken as soon as possible after the commencement of this 29
section. 30
(6) If the Minister determines that a wilderness protection agreement 31
is not consistent with the new management principle, the 32
Minister is to use his or her best endeavours to enter into an 33
agreement to vary that agreement, in accordance with this Act, to 34
the extent necessary for that agreement to become consistent with 35
the new management principle. 36
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Wilderness Amendment Bill 2004
Amendments Schedule 1
(7) If the Director, following a review under subsection (4), 1
recommends alterations or amendments to a plan of management 2
made under this Act in order to make the plan consistent with the 3
new management principle, the Minister may alter or amend the 4
plan in accordance with section 18 (5) and (6). 5
6
32 Transitional provision--conservation agreements and plans of
7
management under the National Parks and Wildlife Act 1974
(1) In this section: 8
Director-General has the same meaning as in the National Parks 9
and Wildlife Act 1974. 10
Minister means the Minister administering the National Parks 11
and Wildlife Act 1974. 12
new management principle has the same meaning as in 13
section 31. 14
(2) The new management principle does not affect the validity of a 15
conservation agreement that was entered into, or a plan of 16
management that was made, under the National Parks and 17
Wildlife Act 1974 before the amendment of section 9 of this Act 18
by the Wilderness Amendment Act 2004. 19
(3) The Minister is to review any conservation agreement entered 20
into by the Minister (whether or not the Nature Conservation 21
Trust of New South Wales is a party to the agreement) relating to 22
a wilderness area that is in force at the commencement of this 23
section to determine whether the terms of the agreement are 24
consistent with the new management principle. 25
(4) The Director-General is to: 26
(a) review any plan of management made under the National 27
Parks and Wildlife Act 1974 relating to a wilderness area 28
that is in force at the commencement of this section to 29
determine whether the terms of the plan are consistent with 30
the new management principle, and 31
(b) if the Director-General determines that a plan of 32
management is not consistent with the new management 33
principle, develop recommendations about the alterations 34
or amendments that are necessary for the plan to become 35
consistent with the new management principle, and 36
(c) submit those recommendations to the Minister. 37
(5) The reviews referred to in subsections (3) and (4) are to be 38
undertaken as soon as possible after the commencement of this 39
section. 40
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Wilderness Amendment Bill 2004
Schedule 1 Amendments
(6) If the Minister determines that a conservation agreement is not 1
consistent with the new management principle, the Minister is to 2
use his or her best endeavours to enter into an agreement to vary 3
that agreement, in accordance with the National Parks and 4
Wildlife Act 1974, to the extent necessary for that agreement to 5
become consistent with the new management principle. 6
(7) If the Director-General, following a review under subsection (4), 7
recommends alterations or amendments to a plan of management 8
in order to make the plan consistent with the new management 9
principle, the Minister may alter or amend the plan in accordance 10
with section 73B (3)-(6) of the National Parks and Wildlife Act 11
1974. 12
(8) Sections 72AA, 73A and 74 of the National Parks and Wildlife 13
Act 1974 apply to an alteration or amendment of a plan of 14
management under subsection (7) in the same way as they apply 15
to the preparation of a new plan of management under that Act. 16
(9) For the purposes of the provisions of the National Parks and 17
Wildlife Act 1974 referred to in subsections (7) and (8), the 18
Director-General is taken to be the responsible authority. 19
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