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TASMANIA
__________
NATIONAL PARKS AND RESERVES
MANAGEMENT AMENDMENT (PARKS AND
RESERVES AUTHORITY) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - NATIONAL PARKS AND RESERVES MANAGEMENT ACT
2002 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 2, Division 1: Heading amended
6. Sections 6 and 7 substituted
6. Chief Executive, Parks and Reserves Authority
7. Functions of Chief Executive
7A. Arrangements relating to staff
7. Section 8 amended (Arrangements in respect of Nature
Conservation Act 2002)
8. Section 10 amended (Rangers)
9. Section 11 amended (Adoption of emblem for use by Minister)
10. Part 2, Division 2: Heading amended
11. Sections 12, 13, 14, 15 and 16 substituted
12. Establishment of Parks and Reserves Authority
13. Board of Parks and Reserves Authority
[Bill 62]-I
13A. Membership of Board
14. Functions and powers of Board
15. Ministerial statements of expectation
15A. Contents of ministerial statements of expectation
15B. Conduct to be consistent with ministerial statements
of expectation
15C. Audit of functions of Board, &c.
16. Delegation
12. Section 17 amended (Special advisory committees)
13. Section 17A inserted
17A. Committees
14. Sections 18A, 18B, 18C and 18D inserted
18A. Draft strategic plan for parks and reserved land
18B. Final approval of draft parks and reserves strategic
plan
18C. Notification of approval of draft parks and reserves
strategic plan
18D. Amendment of parks and reserves strategic plan
15. Section 19 amended (Management plans)
16. Section 20 amended (Formulation of management plans)
17. Sections 21 and 22 substituted
21. Consideration by Board of representations
22. Review by Board
18. Section 23 amended (Public exhibition)
19. Section 24 substituted
24. Report of Board
24A. Minister may seek further information, &c.
20. Section 25 amended (Submission of management plan)
21. Section 28 amended (Notification and taking effect of
management plans)
22. Section 29 amended (Managing authorities for reserves)
23. Section 30 amended (Functions and powers of managing
authority in relation to reserved land)
24. Section 33 amended (Membership of Conservation Management
Trust)
25. Section 35 amended (Dealings with reserved lands)
26. Section 36 amended (Prohibition on destroying trees)
2
27. Section 40 amended (Granting of business licence)
28. Section 47 substituted
47. Delegation to Chief Executive or managing authority
declared by order
29. Section 48 amended (Minister may grant leases and licences)
30. Section 52 amended (Cancellation of lease where land required
for public or other purposes)
31. Section 54 amended (Compensation payable on non-renewal of
certain leases)
32. Section 55 amended (Improvements on land held under licence)
33. Section 56 amended (Community service contributions payable
by holders of private rights within reserved lands)
34. Section 57 amended (Fencing of reserved Crown land)
35. Section 59 amended (Notable buildings and places)
36. Section 60 amended (Regulations for reserved land)
37. Section 64 amended (Powers and functions of seizure)
38. Section 69 amended (Production and cancellation of licences,
&c., in offence proceedings)
39. Section 72 amended (Forfeiture of articles, &c., on conviction)
40. Section 73 amended (Compensation on conviction for offences)
41. Section 85 amended (Assistance to officers)
42. Section 86 amended (Compensation for injury or death occurring
in the course of official duty, &c.)
43. Section 88 amended (Expenses of Act)
44. Section 89 substituted
89. Delegation by Chief Executive
45. Section 90A inserted
90A. Further amendment of regulations not prevented
46. Section 91 amended (Regulations)
47. Schedules 2A and 2B inserted
SCHEDULE 2A - PROVISIONS WITH RESPECT TO
MEMBERSHIP OF BOARD
SCHEDULE 2B - PROVISIONS WITH RESPECT TO
MEETINGS OF BOARD
48. Schedule 6 inserted
3
SCHEDULE 6 - TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON NATIONAL
PARKS AND RESERVES MANAGEMENT
AMENDMENT (PARKS AND RESERVES
AUTHORITY) ACT 2013
PART 3 - ABORIGINAL RELICS ACT 1975 AMENDED
49. Principal Act
50. Section 2 amended (Interpretation)
51. Section 3 amended (Establishment and functions of the
Aboriginal Relics Advisory Council)
52. Section 6 amended (Proceedings of the Council)
53. Section 7 amended (Declaration of protected sites)
54. Section 8 amended (Management, &c., of protected sites)
55. Section 9 amended (Protection of protected sites)
56. Section 10 amended (Duties of persons owning or finding, &c.,
relics)
57. Section 12 amended (Acquisition of relics by the Crown)
58. Section 13 amended (Dealing with relics vested in the Crown)
59. Section 14 amended (Protection of relics)
60. Section 19 amended (Procedure on seizure of objects)
61. Section 22 amended (Expenses of Act)
62. Section 25 amended (Regulations)
PART 4 - CROWN LANDS (SHACK SITES) ACT 1997 AMENDED
63. Principal Act
64. Section 6 amended (Factors relevant to assessment and
determination)
65. Section 37 amended (Shack site determination process not
impeded by other laws)
PART 5 - EXPLOSIVES REGULATIONS 2012 AMENDED
66. Principal Regulations
67. Schedule 7 amended (Standard conditions of fireworks display
permits)
4
PART 6 - FIREARMS ACT 1996 AMENDED
68. Principal Act
69. Section 39 amended (Requirements relating to recreational
hunting or vermin control)
PART 7 - FIRE SERVICE ACT 1979 AMENDED
70. Principal Act
71. Section 14 amended (State Fire Management Council)
72. Section 45 amended (Powers of authorized national park
officers)
73. Section 67 amended (Revocation, suspension or variation of
permits to light fires)
74. Section 68 amended (Area of extreme fire hazard)
PART 8 - HISTORIC CULTURAL HERITAGE ACT 1995 AMENDED
75. Principal Act
76. Section 6 amended (Constitution of Heritage Council)
PART 9 - NATIONAL PARKS AND RESERVED LAND
REGULATIONS 2009 AMENDED
77. Principal Regulations
78. Regulation 6 amended (Protection of fauna)
79. Regulation 26 amended (Who may authorise in certain
circumstances)
80. Regulation 38 amended (Authorised persons)
PART 10 - NATURE CONSERVATION ACT 2002 AMENDED
81. Principal Act
82. Section 3 amended (Interpretation)
83. Section 7 amended (Arrangements in respect of National Parks
and Reserves Management Act 2002)
84. Section 10 amended (Secretary to consult with Director)
85. Section 32 amended (Prohibition on introduction, &c., of certain
animals)
5
PART 11 - PORT ARTHUR HISTORIC SITE MANAGEMENT
AUTHORITY ACT 1987 AMENDED
86. Principal Act
87. Section 12 amended (Co-ordination of administration with
requirements of Nature Conservation Act 2002)
PART 12 - WELLINGTON PARK ACT 1993 AMENDED
88. Principal Act
89. Section 10 amended (Constitution of Trust)
PART 13 - REPEAL OF ACT
90. Repeal of Act
6
NATIONAL PARKS AND RESERVES
MANAGEMENT AMENDMENT (PARKS AND
RESERVES AUTHORITY) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
12 November 2013
(Brought in by the Minister for Environment, Parks and
Heritage, the Honourable Brian Neal Wightman)
A BILL FOR
An Act to amend the National Parks and Reserves
Management Act 2002 and related legislation
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the National Parks and
Reserves Management Amendment (Parks and
Reserves Authority) Act 2013.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 62] 7
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 3 Part 2 - National Parks and Reserves Management Act 2002 Amended
PART 2 - NATIONAL PARKS AND RESERVES
MANAGEMENT ACT 2002 AMENDED
3. Principal Act
In this Part, the National Parks and Reserves
Management Act 2002* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of authorised officer:
Authority means the Parks and
Reserves Authority established
under section 12;
(b) by inserting the following definition after
the definition of biological diversity:
Board means the Board of the Parks
and Reserves Authority
established under section 13;
(c) by inserting the following definition after
the definition of business licence:
Chief Executive means the Chief
Executive, Parks and Reserves
*No. 62 of 2002
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National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 5
Authority appointed under
section 6;
(d) by omitting the definition of Council;
(e) by omitting the definition of Director;
(f) by inserting the following definition after
the definition of owner:
parks and reserves strategic plan
means a strategic plan prepared
and approved under sections 18A
and 18B, and amended, if
applicable, under section 18D;
5. Part 2, Division 1: Heading amended
Division 1 of Part 2 of the Principal Act is
amended by omitting "Director of National
Parks and Wildlife" from the heading to that
Division and substituting "Chief Executive,
Parks and Reserves Authority".
6. Sections 6 and 7 substituted
Sections 6 and 7 of the Principal Act are
repealed and the following sections are
substituted:
6. Chief Executive, Parks and Reserves
Authority
The Governor may appoint a State
Service officer or State Service employee
9
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 7 Part 2 - National Parks and Reserves Management Act 2002 Amended
to be Chief Executive, Parks and
Reserves Authority and that person holds
office in conjunction with State Service
employment.
7. Functions of Chief Executive
The Chief Executive has the functions
and powers specified in this Act or any
other Act, including responsibility for the
implementation of the parks and reserves
strategic plan and approved management
plans.
7A. Arrangements relating to staff
The Secretary is to arrange for the
services of State Service officers and
State Service employees employed in the
Department to be made available to the
Chief Executive for the purpose of
enabling the functions of the Chief
Executive and the Board under this or
any other Act to be performed.
7. Section 8 amended (Arrangements in respect of
Nature Conservation Act 2002)
Section 8(1) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
10
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 8
8. Section 10 amended (Rangers)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Secretary" and substituting "Chief
Executive";
(b) by omitting from subsection (2)
"Secretary" and substituting "Chief
Executive";
(c) by omitting from subsection (3)
"Secretary" and substituting "Chief
Executive";
(d) by omitting subsection (5) and
substituting the following subsection:
(5) If the managing authority for any
reserved land is not the Minister,
that authority, with the approval
of the Chief Executive, may
appoint a ranger in respect of that
reserved land.
9. Section 11 amended (Adoption of emblem for use by
Minister)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Minister";
11
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 10 Part 2 - National Parks and Reserves Management Act 2002 Amended
(b) by omitting from subsection (2)
"Director" and substituting "Chief
Executive".
10. Part 2, Division 2: Heading amended
Division 2 of Part 2 of the Principal Act is
amended by omitting "National Parks and
Wildlife Advisory Council, &c." from the
heading to that Division and substituting "Parks
and Reserves Authority".
11. Sections 12, 13, 14, 15 and 16 substituted
Sections 12, 13, 14, 15 and 16 of the Principal
Act are repealed and the following sections are
substituted:
12. Establishment of Parks and Reserves
Authority
(1) The Parks and Reserves Authority is
established.
(2) The Authority consists of the Board of
the Parks and Reserves Authority and the
Chief Executive.
(3) The Authority is part of the State's
resource management and planning
system, the objectives of which are set
out in Schedule 2.
12
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 11
(4) The Authority is to further the objectives
for management of reserved land
specified in Schedule 1.
13. Board of Parks and Reserves Authority
The Board of the Parks and Reserves
Authority is established.
13A. Membership of Board
(1) The Board consists of -
(a) the Chief Executive; and
(b) seven members appointed by the
Governor on the nomination of
the Minister.
(2) The persons nominated for membership
of the Board are to include, but are not
limited to, persons who, in the opinion of
the Minister, have skills and experience
in board governance, management of
natural and cultural values, reserve
management, and management of reserve
use including commercial and
recreational use.
(3) The Board is to include at least one
person of each sex.
(4) The Governor, on the nomination of the
Minister, may appoint a member referred
to in subsection (1)(b) as chairperson of
the Board.
13
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 11 Part 2 - National Parks and Reserves Management Act 2002 Amended
(5) The Governor, on the nomination of the
Minister, may appoint a member referred
to in subsection (1)(b) as the deputy
chairperson of the Board.
(6) Schedules 2A and 2B have effect with
respect to the membership and meetings
of the Board.
14. Functions and powers of Board
(1) The functions of the Board are as
follows:
(a) to undertake, upon direction from
the Minister, strategic planning
and management, specifically
via -
(i) development of a draft
parks and reserves
strategic plan; and
(ii) development of draft
management plans in
respect of reserved land;
and
(iii) monitoring, review and
evaluation, in meeting the
objectives in Schedule 1,
of the approved parks and
reserves strategic plan and
management plans in
accordance with
14
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 11
ministerial statements of
expectations;
(b) to advise the Minister on policy
issues and other strategic matters;
(c) to report to the Minister on the
implementation of the parks and
reserves strategic plan and other
functions;
(d) to perform such other functions
as are conferred on it by or under
this Act or any other Act.
(2) The Board has such powers as are
necessary to enable it to perform its
functions.
15. Ministerial statements of expectation
(1) The Minister must provide the Board
with ministerial statements of
expectation with respect to -
(a) the parks and reserves strategic
plan; and
(b) any management plans -
by 31 March in each even-numbered
year.
(2) The Minister may at any time, at his or
her discretion or on receipt of an
application by the Board -
15
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 11 Part 2 - National Parks and Reserves Management Act 2002 Amended
(a) amend a ministerial statement of
expectation; or
(b) revoke a ministerial statement of
expectation and substitute another
ministerial statement of
expectation -
by providing the amendment or
substituted ministerial statement of
expectation to the Board.
(3) In preparing a ministerial statement of
expectation, the Minister must consult
with the Board.
(4) A ministerial statement of expectation or
any amendment to a ministerial statement
of expectation is to be in writing and
signed by the Minister.
(5) A ministerial statement of expectation or
an amendment to a ministerial statement
of expectation takes effect on a day
specified in it, being a day not earlier
than the day on which it is issued to the
Board.
(6) The Board is to make all ministerial
statements of expectation available to the
public in the manner determined by the
Board.
16
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 11
15A. Contents of ministerial statements of
expectation
(1) A ministerial statement of expectation is
to specify the objectives of the Minister
on any matter relating to the functions of
the Board including, but not limited to -
(a) the scope of the parks and
reserves strategic plan, including
mission, objectives and strategies;
and
(b) the scope of management plans
including nature conservation,
research, wildlife management,
historic and Aboriginal heritage,
recreation, tourism, fire
management, carbon
management, access and other
uses; and
(c) timeframes and objectives with
respect to the plans; and
(d) adequate measures for review
with respect to the plans.
(2) A ministerial statement of expectation -
(a) may not prevent the Board from
performing a function it is
required to perform; and
(b) may not extend the functions and
powers of the Board.
17
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 11 Part 2 - National Parks and Reserves Management Act 2002 Amended
15B. Conduct to be consistent with ministerial
statements of expectation
The Board is to conduct its business and
affairs in a manner that is consistent with
all ministerial statements of expectation.
15C. Audit of functions of Board, &c.
(1) Not later than 4 years after the
commencement of the National Parks
and Reserves Management Amendment
(Parks and Reserves Authority) Act 2013
and subsequently at intervals of not less
than 4 years, the Minister is to arrange
for an audit of the functions of the Board,
including an assessment of the furthering
of the objectives for management of
reserved land specified in Schedule 1, to
be conducted by an independent person.
(2) The person conducting the audit is to
provide the Minister with a report of the
audit.
(3) The Minister is to make the report of the
audit publicly available.
16. Delegation
(1) The Board may, by resolution, delegate
any of its functions or powers other than
this power of delegation.
(2) If any services are provided by a delegate
employed in any Agency or State
18
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 12
authority, any fee payable in respect of
those services is payable to the Agency
or State authority in which that person is
employed.
(3) For the purposes of subsection (2) -
State authority has the same meaning
as in the State Service Act 2000.
12. Section 17 amended (Special advisory committees)
Section 17 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"Director" and substituting "Chief
Executive";
(b) by omitting from subsection (2)(b)(iii)
"Director" twice occurring and
substituting "Chief Executive".
13. Section 17A inserted
After section 17 of the Principal Act, the
following section is inserted in Division 2:
17A. Committees
The Board may establish committees,
which may include persons who are not
members of the Board, for the purpose of
advising it on any matter arising in
19
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 14 Part 2 - National Parks and Reserves Management Act 2002 Amended
relation to the performance of its
functions.
14. Sections 18A, 18B, 18C and 18D inserted
After section 18 of the Principal Act, the
following sections are inserted in Part 3:
18A. Draft strategic plan for parks and reserved
land
The Board must -
(a) prepare a draft parks and reserves
strategic plan for parks and other
reserved land, in accordance with
any relevant ministerial statement
of expectation; and
(b) provide an opportunity for public
comment on the draft parks and
reserves strategic plan; and
(c) submit the draft parks and
reserves strategic plan to the
Minister.
18B. Final approval of draft parks and reserves
strategic plan
(1) The Minister, after receipt of a draft
parks and reserves strategic plan, may -
(a) approve the draft parks and
reserves strategic plan; or
20
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 14
(b) refer the draft parks and reserves
strategic plan back to the Board,
with advice on any matter the
Minister considers may require
further action; or
(c) approve the draft parks and
reserves strategic plan subject to
such alterations as the Minister,
on his or her own motion,
considers necessary or expedient.
(2) The Minister is to notify the Board, in
writing, of the approval or, if
subsection (1)(b) applies, the relevant
alterations required.
18C. Notification of approval of draft parks and
reserves strategic plan
If the Minister approves a draft parks and
reserves strategic plan, the Board, by
public notice, must notify -
(a) that the parks and reserves
strategic plan has been approved;
and
(b) the date on which the parks and
reserves strategic plan takes
effect; and
(c) the period during which the parks
and reserves strategic plan is in
force; and
21
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 15 Part 2 - National Parks and Reserves Management Act 2002 Amended
(d) the place at which a copy of the
parks and reserves strategic plan
may be obtained; and
(e) the cost, if any, of obtaining a
copy of the parks and reserves
strategic plan; and
(f) any other information the Board
considers relevant to the parks
and reserves strategic plan.
18D. Amendment of parks and reserves strategic
plan
(1) The Minister may, on his or her own
motion, or on the recommendation of the
Board, amend a parks and reserves
strategic plan at any time, if the Minister
is satisfied that it is necessary or
desirable to do so.
(2) If the Minister amends a parks and
reserves strategic plan of his or her own
motion and not on the recommendation
of the Board, the Minister is to advise the
Board of the reasons for the amendment.
15. Section 19 amended (Management plans)
Section 19 of the Principal Act is amended as
follows:
22
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 16
(a) by omitting from subsection (9)
"Director" twice occurring and
substituting "Board";
(b) by omitting from subsection (10)
"Director" and substituting "Board".
16. Section 20 amended (Formulation of management
plans)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"Director" and substituting "Board";
(b) by omitting from subsection (3)
"Director" and substituting "Board";
(c) by omitting from subsection (4)
"Director" three times occurring and
substituting "Board";
(d) by omitting from subsection (5)
"Director" twice occurring and
substituting "Board";
(e) by omitting from subsection (9)
"Director" and substituting "Board";
(f) by omitting from subsection (11)
"Director" and substituting "Board";
(g) by omitting from subsection (12)
"Minister" first occurring and
substituting "Board";
23
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 17 Part 2 - National Parks and Reserves Management Act 2002 Amended
(h) by omitting paragraph (a) from
subsection (12) and substituting the
following paragraph:
(a) provide the Secretary of the
responsible Department in
relation to the Nature
Conservation Act 2002 with a
copy of the draft management
plan; and
(i) by omitting subparagraphs (iii) and (iv)
from subsection (12)(b) and substituting
the following subparagraph:
(iii) stating that representations in
relation to that draft management
plan may be made to the Board
by any person, including the
Secretary of the responsible
Department in relation to the
Nature Conservation Act 2002,
before a day specified in the
notice that is not earlier than 30
days after the date of publication
of the notice or any further period
the Board allows.
(j) by omitting from subsection (13)
"Director" and substituting "Board".
24
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 17
17. Sections 21 and 22 substituted
Sections 21 and 22 of the Principal Act are
repealed and the following sections are
substituted:
21. Consideration by Board of representations
Within 30 days after the specified day
referred to in section 20(12)(b)(iii) or
within any further period the Board
allows under that section, the Board is to
consider any representations made under
section 20(12)(b)(iii) with reference to
the draft management plan.
22. Review by Board
Within 30 days after the specified day
referred to in section 20(12)(b)(iii) or
within any further period the Board
allows under that section, the Board is to
prepare a report containing -
(a) a summary of the representations;
and
(b) the Board's opinion on the merits
of the representations, including
whether or not it believes the
representations to be of sufficient
merit to warrant modification of
the draft management plan; and
25
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 18 Part 2 - National Parks and Reserves Management Act 2002 Amended
(c) a summary of any proposed
modification to the draft
management plan; and
(d) any additional information the
Board considers relevant.
18. Section 23 amended (Public exhibition)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The Board, as soon as practicable
after preparation of the report
under section 22, is to notify by
public notice -
(a) the places at which copies
of the report and any
representations made
under
section 20(12)(b)(iii) are
to be exhibited; and
(b) the period during which
they are to be exhibited;
and
(c) any other information the
Board considers relevant.
(b) by omitting subsection (3) and
substituting the following subsection:
26
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 19
(3) The Board may make available,
at the places referred to in
subsection (1)(a), any information
that may assist public
consideration of the
representations and the report of
the Board.
19. Section 24 substituted
Section 24 of the Principal Act is repealed and
the following sections are substituted:
24. Report of Board
The Board, within a period determined
by the Minister, is to provide the
Minister with -
(a) a report of its review under
section 22; and
(b) copies of the representations
submitted under
section 20(12)(b)(iii).
24A. Minister may seek further information, &c.
The Minister may, on receipt of the
report of the Board under section 24,
seek and have regard to information or
advice from the Commission or any other
person.
27
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 20 Part 2 - National Parks and Reserves Management Act 2002 Amended
20. Section 25 amended (Submission of management
plan)
Section 25(1) of the Principal Act is amended by
omitting paragraphs (a), (b) and (c) and
substituting the following paragraphs:
(a) the report of the Board provided to the
Minister under section 24; and
(b) copies of the representations provided to
the Minister under that section.
21. Section 28 amended (Notification and taking effect
of management plans)
Section 28(6) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
22. Section 29 amended (Managing authorities for
reserves)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Minister";
(b) by omitting from subsection (5)
"Director" and substituting "Minister";
(c) by omitting from subsection (9)
"Director" twice occurring and
substituting "Minister".
28
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 23
23. Section 30 amended (Functions and powers of
managing authority in relation to reserved land)
Section 30(3)(d) of the Principal Act is amended
by inserting "the Chief Executive or" after
"with".
24. Section 33 amended (Membership of Conservation
Management Trust)
Section 33(1)(g) of the Principal Act is amended
by omitting "Director" twice occurring and
substituting "Chief Executive".
25. Section 35 amended (Dealings with reserved lands)
Section 35(4) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
26. Section 36 amended (Prohibition on destroying
trees)
Section 36 of the Principal Act is amended by
omitting "managing authority" and substituting
"Chief Executive".
27. Section 40 amended (Granting of business licence)
Section 40 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
29
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 28 Part 2 - National Parks and Reserves Management Act 2002 Amended
(1A) Before granting an application for a
business licence under subsection (1), the
Minister must be satisfied that the
granting of the application is consistent
with the parks and reserves strategic plan
for parks and other reserved land, and the
objectives, which apply to that class of
reserved land.
28. Section 47 substituted
Section 47 of the Principal Act is repealed and
the following section is substituted:
47. Delegation to Chief Executive or managing
authority declared by order
The Minister may delegate any of his or
her functions or powers in relation to a
business licence to -
(a) the Chief Executive; or
(b) a prescribed body; or
(c) a Conservation Management
Trust declared under section 29 to
be the managing authority for the
reserved land, or part of the
reserved land, in respect of which
the business licence applies.
30
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 29
29. Section 48 amended (Minister may grant leases and
licences)
Section 48 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) Subject to subsections (5) and (6),
before granting a lease of, or
licence to occupy, reserved land
that is Crown land under
subsection (1), the Minister must
be satisfied that the granting of
the lease or licence is consistent
with the parks and reserves
strategic plan for parks and other
reserved land.
(b) by omitting from subsection (8)
"Director" and substituting "Chief
Executive".
30. Section 52 amended (Cancellation of lease where
land required for public or other purposes)
Section 52 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(b)
"Director" and substituting "Chief
Executive";
31
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 31 Part 2 - National Parks and Reserves Management Act 2002 Amended
(b) by omitting from subsection (5)
"Director" first occurring and
substituting "Chief Executive";
(c) by omitting from subsection (5)(b)
"Director" and substituting "Chief
Executive".
31. Section 54 amended (Compensation payable on
non-renewal of certain leases)
Section 54(3)(a) of the Principal Act is amended
by omitting "Director" and substituting "Chief
Executive".
32. Section 55 amended (Improvements on land held
under licence)
Section 55(2)(a) of the Principal Act is amended
by omitting "Director" and substituting "Chief
Executive".
33. Section 56 amended (Community service
contributions payable by holders of private rights
within reserved lands)
Section 56(2) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
32
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 34
34. Section 57 amended (Fencing of reserved Crown
land)
Section 57 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Chief
Executive";
(b) by omitting from subsection (2)
"Director" three times occurring and
substituting "Chief Executive";
(c) by omitting from subsection (3)
"Director" and substituting "Chief
Executive".
35. Section 59 amended (Notable buildings and places)
Section 59 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Chief
Executive";
(b) by omitting from subsection (2)
"Director" and substituting "Chief
Executive";
(c) by omitting from subsection (3)
"Director" and substituting "Chief
Executive".
33
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 36 Part 2 - National Parks and Reserves Management Act 2002 Amended
36. Section 60 amended (Regulations for reserved land)
Section 60(4)(a) of the Principal Act is amended
by omitting "Director" and substituting "Chief
Executive".
37. Section 64 amended (Powers and functions of
seizure)
Section 64(7) of the Principal Act is amended by
omitting "Director" twice occurring and
substituting "Chief Executive".
38. Section 69 amended (Production and cancellation of
licences, &c., in offence proceedings)
Section 69(5)(b) of the Principal Act is amended
by omitting "Director" and substituting "Chief
Executive".
39. Section 72 amended (Forfeiture of articles, &c., on
conviction)
Section 72(5) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
40. Section 73 amended (Compensation on conviction
for offences)
Section 73(1) of the Principal Act is amended by
omitting "Director" from paragraph (a) of the
34
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 41
definition of appropriate authority and
substituting "Chief Executive".
41. Section 85 amended (Assistance to officers)
Section 85(1) of the Principal Act is amended by
omitting "Director" from the definition of officer
and substituting "Chief Executive".
42. Section 86 amended (Compensation for injury or
death occurring in the course of official duty, &c.)
Section 86 of the Principal Act is amended as
follows:
(a) by omitting "Director" from the
definition of officer in subsection (1) and
substituting "Chief Executive";
(b) by omitting from subsection (5)
"Director" and substituting "Chief
Executive";
(c) by omitting from subsection (7)
"Director" three times occurring and
substituting "Chief Executive".
43. Section 88 amended (Expenses of Act)
Section 88 of the Principal Act is amended as
follows:
35
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 44 Part 2 - National Parks and Reserves Management Act 2002 Amended
(a) by omitting from subsection (2)
"Director" and substituting "Chief
Executive";
(b) by omitting from subsection (3)
"Director" and substituting "Minister";
(c) by omitting from subsection (4)(a)
"Director" and substituting "Minister";
(d) by omitting from subsection (5)
"Director" and substituting "Minister".
44. Section 89 substituted
Section 89 of the Principal Act is repealed and
the following section is substituted:
89. Delegation by Chief Executive
(1) The Chief Executive may delegate any of
his or her functions or powers under this
Act, other than this power of delegation,
to a State Service officer or State Service
employee.
(2) Despite subsection (1), the Chief
Executive may not delegate any of his or
her functions or powers under this Act to
a State Service officer or State Service
employee employed in a State Service
Agency other than the Department unless
the Head of that Agency has consented to
that delegation.
36
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 45
45. Section 90A inserted
After section 90 of the Principal Act, the
following section is inserted in Part 6:
90A. Further amendment of regulations not
prevented
If an Act amending this Act also amends
a provision of any regulations made
under any other Act, the amendment of
the provision of the regulations does not
prevent that provision or any other
provision of the regulations from being
amended or rescinded by a subsequent
regulation made under the other Act.
46. Section 91 amended (Regulations)
Section 91 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) Without limiting subsection (1),
regulations may be made in
relation to the process to be
undertaken in the preparation of
the draft parks and reserves
strategic plan, the preparation of
the plan and the form of the plan.
37
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 47 Part 2 - National Parks and Reserves Management Act 2002 Amended
(b) by omitting from subsection (4)(c)
"Director" and substituting "the Board or
the Chief Executive".
47. Schedules 2A and 2B inserted
After Schedule 2 to the Principal Act, the
following Schedules are inserted:
SCHEDULE 2A - PROVISIONS WITH RESPECT TO
MEMBERSHIP OF BOARD
Section 13A
1. Interpretation
In this Schedule -
appointed member means a member
of the Board referred to in
section 13A(1)(b).
2. Term of appointment
(1) An appointed member is to be appointed
for such term, not exceeding 3 years, as
is specified in the member's instrument
of appointment and, if otherwise
qualified, is eligible for re-appointment.
(2) Despite subclause (1), if an appointed
member has served consecutively 2 terms
in office as an appointed member of the
Board, the appointed member may not be
38
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 47
appointed for a further consecutive term
of office.
3. Provisions requiring devotion of whole of
time to other duties
Where, by or under any Act, provision is
made requiring the holder of an office to
devote the whole of his or her time to the
duties of office under that Act, that
provision does not operate to disqualify
that person from holding that office and
also the office of a member of the Board.
4. Terms and conditions of appointment
(1) Subject to subclause (2), a member of the
Board is entitled to be paid such
remuneration and allowances as the
Governor may from time to time
determine.
(2) The Chief Executive is not entitled to
remuneration under subclause (1) except
with the approval of the Minister
administering the State Service Act 2000.
(3) An appointed member holds office on
such terms and conditions not provided
for in this Act as are determined by the
Governor.
39
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 47 Part 2 - National Parks and Reserves Management Act 2002 Amended
5. Disclosure of interests
(1) If a member of the Board has or acquires
an interest (whether pecuniary or
otherwise) that would conflict with the
proper performance of the member's
functions in relation to a matter being
considered or about to be considered by
the Board, the member must disclose the
nature of that interest at a meeting of the
Board.
(2) A disclosure under subclause (1) is to be
recorded in the minutes of the meeting of
the Board and the member must not,
unless the Board otherwise determines -
(a) be present during any deliberation
of the Board with respect to that
matter; or
(b) take part in any decision of the
Board with respect to that matter.
(3) For the purpose of making a
determination by the Board under
subclause (2) in relation to a member
who has made a disclosure under
subclause (1), a member who has a direct
or indirect pecuniary interest in the
matter to which the disclosure relates
must not take part in the making by the
Board of the determination.
40
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 47
6. Deputies of members
(1) The Governor may appoint a deputy of a
member of the Board other than the
chairperson.
(2) The deputy of -
(a) the Chief Executive must be
nominated by the Chief
Executive; and
(b) a member referred to in
section 13A(1)(b) must be a
person nominated by the Minister
who, in the opinion of the
Minister, has the appropriate
knowledge and experience
necessary to enable the Authority
to perform its functions.
(3) If a member of the Board is unable for
any reason to perform the duties of a
member, the member's deputy may
perform those duties and, when doing so,
is taken to be a member.
(4) If the chairperson is unable for any
reason to perform the duties of
chairperson -
(a) the deputy chairperson may
perform the duties of chairperson
and, when doing so, is taken to be
the chairperson; and
41
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 47 Part 2 - National Parks and Reserves Management Act 2002 Amended
(b) the deputy of the deputy
chairperson may perform the
duties of the deputy chairperson
and, when doing so, is taken to be
the member of the Board holding
the office of deputy chairperson.
(5) A deputy member of the Board holds
office for such term, not exceeding 3
years, and on such conditions, as are
specified in his or her instrument of
appointment.
7. Resignation
An appointed member may resign by
signed notice given to the Governor.
8. Termination of appointment
(1) The Governor may terminate the
appointment of an appointed member if
the member -
(a) becomes mentally or physically
incapable of performing
satisfactorily the duties of office;
or
(b) is convicted in Tasmania, or
elsewhere, of an offence
punishable by imprisonment for 2
years or longer; or
42
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 47
(c) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with his or
her creditors or makes an
assignment of his or her
remuneration or estate for their
benefit; or
(d) fails, without reasonable excuse,
to comply with clause 5.
(2) An appointed member may be removed
from office only in accordance with this
clause.
9. Validity of proceedings, &c.
All acts and proceedings of the Board or
of any person acting pursuant to any
direction of the Board are,
notwithstanding the subsequent
discovery of any defect in the
appointment of any member of the Board
or that any person was disqualified from
acting as, or incapable of being, a
member of the Board, as valid as if the
member had been duly appointed and
was qualified to act as, or capable of
being, a member, and as if the Board had
been fully constituted.
43
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 47 Part 2 - National Parks and Reserves Management Act 2002 Amended
10. Presumptions
In any proceedings by or against the
Board, unless evidence is given to the
contrary, no proof is required of -
(a) the constitution of the Board; or
(b) any resolution of the Board; or
(c) the appointment of any member
of the Board; or
(d) the presence of a quorum at any
meeting of the Board.
SCHEDULE 2B - PROVISIONS WITH RESPECT TO
MEETINGS OF BOARD
Section 13A
1. Convening of meetings of the Board
Meetings of the Board may be convened
by the chairperson of the Board or by any
two members of the Board.
2. Procedure at meetings
(1) Five members of the Board of whom one
must be the chairperson or deputy
chairperson form a quorum at any duly
convened meeting of the Board.
(2) Any duly convened meeting of the Board
at which a quorum is present is
44
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 2 - National Parks and Reserves Management Act 2002 Amended s. 48
competent to transact any business of the
Board.
(3) Questions arising at a meeting of the
Board are to be determined by a majority
of votes of the members of the Board
present and voting.
(4) In the case of an equality of votes, the
chairperson of the Board or, in the
absence of the chairperson, the deputy
chairperson of the Board has a casting
vote.
3. General procedure
The procedure for the calling of, and for
the conduct of business at, meetings of
the Board is, subject to any procedure
that is specified in this Act, to be as
determined by the Board.
48. Schedule 6 inserted
After Schedule 5 to the Principal Act, the
following Schedule is inserted:
45
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 48 Part 2 - National Parks and Reserves Management Act 2002 Amended
SCHEDULE 6 - TRANSITIONAL AND SAVINGS
PROVISIONS CONSEQUENT ON NATIONAL PARKS
AND RESERVES MANAGEMENT AMENDMENT
(PARKS AND RESERVES AUTHORITY) ACT 2013
1. First ministerial statement of expectation
Despite section 15(1), in the financial
year commencing 1 July 2013 the
Minister is to provide the Board with a
ministerial statement of expectation with
respect to the parks and reserves strategic
plan within 3 months after the
commencement of the National Parks
and Reserves Management Amendment
(Parks and Reserves Authority) Act 2013.
2. Appointment of rangers
A person appointed by the Secretary of
the Department, and holding office
immediately before the commencement
of the National Parks and Reserves
Management Amendment (Parks and
Reserves Authority) Act 2013, as a ranger
under section 10 is taken to have been
appointed by the Chief Executive as a
ranger under that section on the same
terms and conditions and for a term
expiring on the same day.
46
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 3 - Aboriginal Relics Act 1975 Amended s. 49
PART 3 - ABORIGINAL RELICS ACT 1975 AMENDED
49. Principal Act
In this Part, the Aboriginal Relics Act 1975* is
referred to as the Principal Act.
50. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of Director;
(b) by inserting the following definition after
the definition of protected site:
Secretary means the Secretary of the
Department;
51. Section 3 amended (Establishment and functions of
the Aboriginal Relics Advisory Council)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(c)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)(d)
"Director" and substituting "Secretary";
*No. 81 of 1975
47
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 52 Part 3 - Aboriginal Relics Act 1975 Amended
(c) by omitting from subsection (3)
"Director" twice occurring and
substituting "Secretary";
(d) by omitting from subsection (5)
"Director" and substituting "Secretary".
52. Section 6 amended (Proceedings of the Council)
Section 6(4) of the Principal Act is amended by
omitting "Director" and substituting "Secretary".
53. Section 7 amended (Declaration of protected sites)
Section 7 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)
"Director" and substituting "Secretary".
54. Section 8 amended (Management, &c., of protected
sites)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)
"Director" and substituting "Secretary";
48
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 3 - Aboriginal Relics Act 1975 Amended s. 55
(c) by omitting from subsection (3)(d)
"Director" and substituting "Secretary";
(d) by omitting from subsection (4)
"Director" and substituting "Secretary";
(e) by omitting from subsection (6)
"Director" twice occurring and
substituting "Secretary";
(f) by omitting from subsection (7)
"Director" and substituting "Secretary";
(g) by omitting from subsection (8)
"Director" and substituting "Secretary";
(h) by omitting from subsection (9)
"Director" twice occurring and
substituting "Secretary";
(i) by omitting from subsection (10)
"Director" and substituting "Secretary";
(j) by omitting from subsection (11)
"Director" twice occurring and
substituting "Secretary";
(k) by omitting from subsection (12)
"Director" twice occurring and
substituting "Secretary";
(l) by omitting from subsection (13)
"Director" and substituting "Secretary".
49
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 55 Part 3 - Aboriginal Relics Act 1975 Amended
55. Section 9 amended (Protection of protected sites)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)
"Director" and substituting "Secretary".
56. Section 10 amended (Duties of persons owning or
finding, &c., relics)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)
"Director" twice occurring and
substituting "Secretary";
(c) by omitting from subsection (3)
"Director" and substituting "Secretary";
(d) by omitting from subsection (4)
"Director" and substituting "Secretary";
(e) by omitting from subsection (6)
"Director" and substituting "Secretary".
50
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 3 - Aboriginal Relics Act 1975 Amended s. 57
57. Section 12 amended (Acquisition of relics by the
Crown)
Section 12(1) of the Principal Act is amended by
omitting "Director" and substituting "Secretary".
58. Section 13 amended (Dealing with relics vested in
the Crown)
Section 13 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Secretary";
(b) by omitting from subsection (2)
"Director" and substituting "Secretary";
(c) by omitting from subsection (4)
"Director" and substituting "Secretary".
59. Section 14 amended (Protection of relics)
Section 14(1) of the Principal Act is amended by
omitting "Director" and substituting "Secretary".
60. Section 19 amended (Procedure on seizure of
objects)
Section 19(2) of the Principal Act is amended by
omitting "Director" and substituting "Secretary".
51
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 61 Part 3 - Aboriginal Relics Act 1975 Amended
61. Section 22 amended (Expenses of Act)
Section 22(1) of the Principal Act is amended by
omitting "Director" and substituting "Secretary".
62. Section 25 amended (Regulations)
Section 25(4)(a) of the Principal Act is amended
by omitting "Director" and substituting
"Secretary".
52
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 4 - Crown Lands (Shack Sites) Act 1997 Amended s. 63
PART 4 - CROWN LANDS (SHACK SITES) ACT 1997
AMENDED
63. Principal Act
In this Part, the Crown Lands (Shack Sites) Act
1997* is referred to as the Principal Act.
64. Section 6 amended (Factors relevant to assessment
and determination)
Section 6(1)(f)(iii) of the Principal Act is
amended by omitting "Director of National
Parks and Wildlife" and substituting "Board of
the Parks and Reserves Authority".
65. Section 37 amended (Shack site determination
process not impeded by other laws)
Section 37(3) of the Principal Act is amended by
omitting "Director of National Parks and
Wildlife" and substituting "Board of the Parks
and Reserves Authority".
*No. 87 of 1997
53
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 66 Part 5 - Explosives Regulations 2012 Amended
PART 5 - EXPLOSIVES REGULATIONS 2012
AMENDED
66. Principal Regulations
In this Part, the Explosives Regulations 2012*
are referred to as the Principal Regulations.
67. Schedule 7 amended (Standard conditions of
fireworks display permits)
Clause 3(1)(f) of Schedule 7 to the Principal
Regulations is amended by omitting "Director of
National Parks and Wildlife" and substituting
"Chief Executive, Parks and Reserves
Authority".
*S.R. 2012, No. 128
54
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 6 - Firearms Act 1996 Amended s. 68
PART 6 - FIREARMS ACT 1996 AMENDED
68. Principal Act
In this Part, the Firearms Act 1996* is referred
to as the Principal Act.
69. Section 39 amended (Requirements relating to
recreational hunting or vermin control)
Section 39(c) of the Principal Act is amended by
omitting "Director of National Parks and
Wildlife" and substituting "Chief Executive,
Parks and Reserves Authority".
*No. 23 of 1996
55
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 70 Part 7 - Fire Service Act 1979 Amended
PART 7 - FIRE SERVICE ACT 1979 AMENDED
70. Principal Act
In this Part, the Fire Service Act 1979* is
referred to as the Principal Act.
71. Section 14 amended (State Fire Management
Council)
Section 14(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (f) "Director
of National Parks and Wildlife" and
substituting "Chief Executive, Parks and
Reserves Authority";
(b) by omitting from paragraph (g) "Director
of National Parks and Wildlife" and
substituting "Chief Executive, Parks and
Reserves Authority".
72. Section 45 amended (Powers of authorized national
park officers)
Section 45(2) of the Principal Act is amended by
omitting "Director of National Parks and
Wildlife" and substituting "Chief Executive,
Parks and Reserves Authority".
*No. 35 of 1979
56
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 7 - Fire Service Act 1979 Amended s. 73
73. Section 67 amended (Revocation, suspension or
variation of permits to light fires)
Section 67(3)(a)(i) of the Principal Act is
amended by omitting "Director of National
Parks and Wildlife" and substituting "Chief
Executive, Parks and Reserves Authority".
74. Section 68 amended (Area of extreme fire hazard)
Section 68(4)(b) of the Principal Act is amended
by omitting "Director of National Parks and
Wildlife" and substituting "Chief Executive,
Parks and Reserves Authority".
57
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 75 Part 8 - Historic Cultural Heritage Act 1995 Amended
PART 8 - HISTORIC CULTURAL HERITAGE ACT
1995 AMENDED
75. Principal Act
In this Part, the Historic Cultural Heritage Act
1995* is referred to as the Principal Act.
76. Section 6 amended (Constitution of Heritage
Council)
Section 6(1)(b) of the Principal Act is amended
by omitting "Director of National Parks and
Wildlife" and substituting "Secretary of the
Department".
*No. 117 of 1995
58
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 9 - National Parks and Reserved Land Regulations 2009 Amended s. 77
PART 9 - NATIONAL PARKS AND RESERVED LAND
REGULATIONS 2009 AMENDED
77. Principal Regulations
In this Part, the National Parks and Reserved
Land Regulations 2009* are referred to as the
Principal Regulations.
78. Regulation 6 amended (Protection of fauna)
Regulation 6(3)(a)(i) of the Principal
Regulations is amended by omitting "Director"
and substituting "Minister".
79. Regulation 26 amended (Who may authorise in
certain circumstances)
Regulation 26 of the Principal Regulations is
amended as follows:
(a) by omitting from subregulation (2)
"Director" and substituting "Minister";
(b) by omitting from subregulation (3)
"Director" and substituting "Minister".
80. Regulation 38 amended (Authorised persons)
Regulation 38(1) of the Principal Regulations is
amended by omitting "Director" and substituting
"Minister".
*S.R. 2009, No. 169
59
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 81 Part 10 - Nature Conservation Act 2002 Amended
PART 10 - NATURE CONSERVATION ACT 2002
AMENDED
81. Principal Act
In this Part, the Nature Conservation Act 2002*
is referred to as the Principal Act.
82. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of biological diversity:
Board means the Board of the Parks
and Reserves Authority
established under the National
Parks and Reserves Management
Act 2002;
(b) by inserting the following definition after
the definition of cat:
Chief Executive means the Chief
Executive, Parks and Reserves
Authority appointed under
section 6 of the National Parks
and Reserves Management Act
2002;
(c) by omitting the definition of Director.
*No. 63 of 2002
60
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 10 - Nature Conservation Act 2002 Amended s. 83
83. Section 7 amended (Arrangements in respect of
National Parks and Reserves Management Act 2002)
Section 7(1) of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
84. Section 10 amended (Secretary to consult with
Director)
Section 10 of the Principal Act is amended by
omitting "Director" and substituting "Chief
Executive".
85. Section 32 amended (Prohibition on introduction,
&c., of certain animals)
Section 32(11) of the Principal Act is amended
by omitting "Director" and substituting "Chief
Executive".
61
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 86 Part 11 - Port Arthur Historic Site Management Authority Act 1987
Amended
PART 11 - PORT ARTHUR HISTORIC SITE
MANAGEMENT AUTHORITY ACT 1987 AMENDED
86. Principal Act
In this Part, the Port Arthur Historic Site
Management Authority Act 1987* is referred to
as the Principal Act.
87. Section 12 amended (Co-ordination of
administration with requirements of Nature
Conservation Act 2002)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b) "the
Director of National Parks and Wildlife
by the National Parks and Reserves
Management Act 2002 and the
Aboriginal Relics Act 1975" and
substituting "the Chief Executive, Parks
and Reserves Authority by the National
Parks and Reserves Management Act
2002 and on the Secretary of the
Department by the Aboriginal Relics Act
1975";
(b) by omitting from subsection (4)
"Sections 18, 19, 20, 21, 22, 23, 24, 25,
26, 27, 28(1), 34, 35, 36 and 55 of the
*No. 61 of 1987
62
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 11 - Port Arthur Historic Site Management Authority Act 1987 s. 87
Amended
National Parks and Reserves
Management Act 2002" and substituting
"Sections 18, 18A, 18B, 18C, 18D, 19,
20, 21, 22, 23, 24, 25, 26, 27, 28(1), 34,
35, 36 and 55 of the National Parks and
Reserves Management Act 2002";
(c) by omitting from subsection (4)
"Director of National Parks and
Wildlife" and substituting "Minister or
the Chief Executive, Parks and Reserves
Authority".
63
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
s. 88 Part 12 - Wellington Park Act 1993 Amended
PART 12 - WELLINGTON PARK ACT 1993 AMENDED
88. Principal Act
In this Part, the Wellington Park Act 1993* is
referred to as the Principal Act.
89. Section 10 amended (Constitution of Trust)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraph:
(c) the Chief Executive, Parks and
Reserves Authority or a person
nominated by the Chief
Executive; and
(b) by omitting from subsection (3)
"Director of National Parks and
Wildlife" and substituting "Chief
Executive, Parks and Reserves
Authority".
*No. 59 of 1993
64
National Parks and Reserves Management Amendment (Parks
and Reserves Authority) Act 2013
Act No. of
Part 13 - Repeal of Act s. 90
PART 13 - REPEAL OF ACT
90. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 65