Overview of process

(1)

Before the Director gives the Minister a management plan for a Commonwealth reserve for approval:

(a)

the Director must publish under subsection (2) an invitation to comment on the proposal to prepare a draft of the plan; and

(b)

the Director and the Board (if any) for the reserve must prepare a draft of the plan, taking into account any comments received in response to the invitation; and

(c)

the Director must publish under subsection (5) an invitation to comment on the draft; and

(d)

the Director must make publicly available copies of the draft free or for a reasonable fee determined by the Director; and

(e)

the Director and the Board (if any) must consider any comments received in response to the invitation to comment on the draft and may alter the draft.

Notice inviting comments on proposal to prepare draft

(2)

The Director must publish a notice in the Gazette , in a daily newspaper circulating in each State and self-governing Territory and in accordance with the regulations (if any):

(a)

stating that the Director proposes to prepare a draft of a management plan for the Commonwealth reserve; and

(b)

inviting comments on the proposal from:

(i)

members of the public; and

(ii)

the Chair or Chairperson of any land council for indigenous people's land in the reserve; and

(iii)

if the reserve is in a State or self-governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and

(iv)

if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and

(v)

if the Director holds any land or seabed in the reserve under lease—anyone the Director is obliged under the lease to consult about management of the land or seabed; and

(c)

specifying the address to which comments may be sent; and

(d)

specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.

Considerations in preparing a management plan

(3)

In preparing a management plan for a Commonwealth reserve, the Director and the Board (if any) for the reserve must take account of:

(a)

any report considered by the Minister under section 351 before a Proclamation declaring the reserve was made; and

(b)

the regulation of the use of the reserve for the purpose for which it was declared; and

(c)

the interests of:

(i)

any owner of any land or seabed in the reserve; and

(ii)

the traditional owners of any indigenous people's land in the reserve; and

(iii)

any other indigenous persons interested in the reserve; and

(iv)

any person who has a usage right relating to land, sea or seabed in the reserve that existed (or is derived from a usage right that existed) immediately before the reserve was declared; and

(d)

the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and

(e)

the protection, conservation and management of biodiversity and heritage within the reserve; and

(f)

the protection of the reserve against damage; and

(g)

Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.

Who are the traditional owners of indigenous people's land?

(4)

The traditional owners of indigenous people's land are:

(a)

a local descent group of indigenous persons who:

(i)

have common spiritual affiliations to a site on the land under a primary spiritual responsibility for that site and for the land; and

(ii)

are entitled by indigenous tradition to forage as of right over the land; or

(b)

if the land is in the Jervis Bay Territory—the members of the Wreck Bay Aboriginal Community Council.

Notice inviting comment on draft

(5)

The Director must publish a notice in the Gazette , in a daily newspaper circulating in each State and self-governing Territory and in accordance with the regulations (if any):

(a)

stating that the Director has prepared a draft of a management plan for the Commonwealth reserve; and

(b)

stating how the draft can be obtained; and

(c)

inviting comments on the draft from:

(i)

members of the public; and

(ii)

the Chair or Chairperson of any land council for any indigenous people's land in the reserve; and

(iii)

if the reserve is in a State or self-governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and

(iv)

if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and

(v)

if the Director holds any land or seabed in the reserve under lease—anyone the Director is obliged under the lease to consult about management of the land or seabed; and

(d)

specifying the address to which comments may be sent; and

(e)

specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.