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This is a Bill, not an Act. For current law, see the Acts databases.
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Parks and Land Management)
Contents
Page
2024
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Environment, Parks and Land Management)
Nature Conservation Amendment Bill 2024
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Nature Conservation Amendment Act 2024
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
.
4 Chapter 6
exceptions
Section 153 (2) (a) (ii) and note
substitute
(ii) undertaken in accordance with a management agreement under chapter 12; or
5 Section 153 (2) (a) (v), note
substitute
Note Fisheries management plan—see the dictionary.
substitute
213 Offence—entry fee for reserve not paid
(1) A person commits an offence if—
(a) the Minister has determined an entry fee under section 368 in relation to the person’s entry to a reserve; and
(b) the person enters, or remains in, the reserve; and
(c) the entry fee is not paid.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
(3) A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note The chapter 9 exceptions are set out in s 252.
214 Offence—take or allow non-native animal into reserve
(1) A person commits an offence if—
(a) the person—
(i) takes an animal that is not a native animal into a reserve; or
(ii) allows an animal that is not a native animal to enter, or remain in, a reserve; and
(b) the person is the animal’s keeper.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if—
(a) the person only travels through the reserve by road in a motor vehicle with the animal; and
(b) the animal is confined in the motor vehicle while in the reserve.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see
, s 58).
(4) A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note 1 The chapter 9 exceptions are set out in s 252.
Note 2 A person does not commit an offence only because the person is accompanied by an assistance animal and takes, or allows, the animal into any part of a reserve that is a public place or public premises (see Domestic Animals Act 2000
, s 106C).
215 Offence—feed animal in reserve
(1) A person commits an offence if the person—
(a) feeds an animal; and
(b) the animal is in a reserve.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply if—
(a) the animal is allowed to enter, or remain in, the reserve under this Act or another law applying in the ACT; and
(b) the person is the animal’s keeper or is allowed by the keeper to feed the animal.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (3) (see
, s 58).
(4) A person has the benefit of the chapter 9 exceptions for an offence against this section.
Note The chapter 9 exceptions are set out in s 252.
(5) In this section:
feed, an animal, includes make food available to the animal.
7 Chapter 9
exceptions
Section 252 (2) (a) (ii) and note
substitute
(ii) undertaken in accordance with a management agreement under chapter 12; or
8 Section 252 (2) (a) (iv), note
omit
after the notes, insert
(3) In this section:
minor public works—see the Planning (General) Regulation 2023
, schedule 1, section 1.1.
substitute
Note If land in a reserve is public unleased land, the provisions of
the
apply. For example, a person wishing to camp in a reserve may need a public unleased land permit if the camping is not authorised under this Act.
11 Conservator may make activities
declarations
Section 256 (1)
substitute
(1) This section applies if the conservator reasonably believes that an activity, if carried out in a reserve, may have a negative impact on—
(a) the reserve; or
(b) a person in the reserve.
12 Offence—enter closed
reserve
Section 260 (1) (b)
substitute
(b) the person enters, or remains in, the reserve in contravention of the declaration.
13 Part 10.2
exceptions
Section 261 (2) (c), except note
substitute
(c) the conduct constituting the offence is undertaken—
(i) in accordance with—
(A) a cultural resource management plan; or
(B) a management agreement under chapter 12; or
(ii) in carrying out minor public works on a reserve in accordance with a minor public works code approved by the conservator of flora and fauna under section 318A.
after the notes, insert
(4) In this section:
minor public works—see the Planning (General) Regulation 2023
, schedule 1, section 1.1.
15 Direction to leave
reserve
New section 325 (2A)
insert
(2A) A leave reserve direction must state—
(a) the location of the reserve; and
(b) that the person may return to the reserve only after—
(i) if a closed reserve declaration under section 259 is in force for the reserve—the declaration ends; or
(ii) in any other case—a stated time not more than 24 hours after the direction is given to the person.
Note It is an offence to enter, or remain in, a reserve if a closed reserve declaration is in force for the reserve (see s 260).
substitute
327 Direction to stop vehicle
17 Section 327 (1), except note
substitute
(1) This section applies if a conservation officer suspects on reasonable grounds that a vehicle, or something in a vehicle, is connected with an offence against this Act.
before the note, insert
(6) In this section:
connected—see section 337.
offence—see section 337.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 11 April 2024.
2 Notification
Notified under the
on 2024.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2024
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