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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Kosciuszko Wild Horse Heritage Bill 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Object of Act 2
Part 2 Wild horse heritage management plan
5 Preparation of draft wild horse heritage management plan 3
6 Public consultation on draft plan 3
7 Consultation with Advisory Council and Heritage Council 3
8 Draft plan and representations to be given to Minister 3
9 Adoption of plan 3
10 Adopted plan must be carried out and given effect to 4
11 Amending or replacing adopted plans 4
Part 3 Miscellaneous
12 Relationship with National Parks and Wildlife Act 1974 5
13 Delegation 5
14 Regulations 5
Schedule 1 Wild Horse Community Advisory Panel 6
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Kosciuszko Wild Horse Heritage Bill 2018
Act No , 2018
An Act to recognise the heritage value of sustainable wild horse populations within parts of
Kosciuszko National Park and to protect that heritage.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Kosciuszko Wild Horse Heritage Act 2018.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
(1) In this Act:
adopted plan means a wild horse heritage management plan adopted by the Minister
under Part 2.
Advisory Council means the National Parks and Wildlife Advisory Council
constituted under the National Parks and Wildlife Act 1974.
Chief Executive means the Chief Executive of the Office of Environment and
Heritage.
function includes a power, authority or duty, and exercise a function includes
perform a duty.
Heritage Council means the Heritage Council of New South Wales constituted
under the Heritage Act 1977.
plan of management means a plan of management prepared under the National
Parks and Wildlife Act 1974.
Note. The Interpretation Act 1987 contains definitions and other provisions that affect the
interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
4 Object of Act
The object of this Act is to recognise the heritage value of sustainable wild horse
populations within parts of Kosciuszko National Park and to protect that heritage.
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Part 2 Wild horse heritage management plan
Part 2 Wild horse heritage management plan
5 Preparation of draft wild horse heritage management plan
(1) The Chief Executive is to cause a draft wild horse heritage management plan to be
prepared for Kosciuszko National Park (the draft plan).
(2) The draft plan is to:
(a) identify the heritage value of sustainable wild horse populations within
identified parts of the park, and
(b) set out how that heritage value will be protected while ensuring other
environmental values of the park (including values identified in the plan of
management for the park) are also maintained, and
(c) take into account the object of this Act, and
(d) take into account the objects of the National Parks and Wildlife Act 1974 and
the matters that are required (by section 72AA of that Act) to be taken into
consideration in the preparation of a plan of management, and
(e) include any other matter prescribed by the regulations.
(3) The Chief Executive is to seek the advice of the Wild Horse Community Advisory
Panel constituted under Schedule 1 in the preparation of the draft plan.
6 Public consultation on draft plan
(1) The Chief Executive is to give notice of the public exhibition of the draft plan by
publishing the notice in the Gazette and in any other manner that the Chief Executive
considers to be appropriate.
(2) The notice is to specify:
(a) how a person may make a representation on the draft plan, and
(b) the period within which representations may be made, being a period of not
less than 30 days from the date on which the notice is published in the Gazette.
7 Consultation with Advisory Council and Heritage Council
The Chief Executive is to provide a copy of the draft plan to the Advisory Council
and the Heritage Council and is to specify a period of not less than 30 days within
which representations on the draft plan may be made to the Chief Executive.
8 Draft plan and representations to be given to Minister
The Chief Executive is, as soon as practicable after the end of the later of the periods
referred to in section 6 or 7, to forward a copy of the following to the Minister for
consideration:
(a) the draft plan,
(b) any representation on the draft plan by the Chief Executive,
(c) any representations received under section 6 or 7,
(d) a summary of any representations received under section 6.
9 Adoption of plan
The Minister may, after considering the following, adopt the draft plan without
alteration or with such alterations as the Minister thinks fit or may refer it back to the
Chief Executive for further consideration:
(a) the draft plan,
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Part 2 Wild horse heritage management plan
(b) any representations made by the Chief Executive, the Advisory Council or the
Heritage Council under this Part,
(c) any representations made by other persons under this Part (or a summary of
those representations).
10 Adopted plan must be carried out and given effect to
An adopted plan must be carried out and given effect to by the Chief Executive.
11 Amending or replacing adopted plans
(1) The Minister may, at any time, direct the Chief Executive to prepare a draft amending
plan to make amendments to an adopted plan or to prepare a new draft plan to replace
an adopted plan.
(2) An amending plan when adopted amends the adopted plan and a new draft plan when
adopted repeals any previous adopted plan.
(3) Sections 6-9 apply to a draft amending plan in the same way as those sections apply
to a draft plan.
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Part 3 Miscellaneous
Part 3 Miscellaneous
12 Relationship with National Parks and Wildlife Act 1974
(1) An adopted plan prevails to the extent of any inconsistency between the adopted plan
and a plan of management.
(2) Without limiting subsection (1), section 81 (4) of the National Parks and Wildlife Act
1974 does not apply in relation to anything done to carry out or give effect to an
adopted plan.
(3) When causing a plan of management for Kosciuszko National Park to be prepared,
the Chief Executive must ensure that the plan of management recognises the heritage
value of sustainable wild horse populations within parts of the park.
13 Delegation
The Chief Executive may delegate the exercise of any function of the Chief
Executive under this Act (other than this power of delegation) to:
(a) any person employed in the Office of Environment and Heritage, or
(b) any person, or any class of persons, authorised for the purposes of this section
by the regulations.
14 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that
is necessary or convenient to be prescribed for carrying out or giving effect to this
Act.
(2) The regulations may contain provisions of a savings or transitional nature consequent
on the enactment of this Act or any Act that amends this Act.
(3) Any such provision may, if the regulations so provide, take effect from the date of
assent to the Act concerned or a later date.
(4) To the extent to which any such provision takes effect from a date that is earlier than
the date of its publication on the NSW legislation website, the provision does not
operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the date of its
publication, or
(b) to impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the date of its
publication.
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Schedule 1 Wild Horse Community Advisory Panel
Schedule 1 Wild Horse Community Advisory Panel
Part 1 General
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Panel.
Deputy Chairperson means the Deputy Chairperson of the Panel.
member means any member of the Panel.
Part 2 Constitution
2 Minister to constitute Panel
The Minister is to constitute a Wild Horse Community Advisory Panel.
3 Composition of Panel
(1) The Panel is to consist of at least 6 but no more than 8 members appointed by the
Minister.
(2) The members of the panel are to include the following persons:
(a) at least 1 Aboriginal person,
(b) 1 representative of the community from the locality around Kosciuszko
National Park,
(c) 1 representative of the Minister,
(d) other persons who, in the opinion of the Minister have expertise and
experience in any 1 or more of the following:
(i) recreational planning and management (including horse riding),
(ii) horse or other animal welfare management,
(iii) alpine tourism planning and management,
(iv) community involvement in conservation.
(3) The Minister is to ensure, as far as is possible, that the composition of the Panel
reflects the expertise and experience referred to in subclause (2).
(4) The Minister is to appoint 1 of the members as a Chairperson of the Panel and 1 of
the members as the Deputy Chairperson of the Panel in the member's instrument of
appointment or by another instrument.
(5) The Chief Executive is to arrange for a senior officer of the National Parks and
Wildlife Service to attend meetings of the Panel and for secretarial support to be
available to the Panel.
4 Functions of Panel
The functions of the Panel are:
(a) to provide advice to the Minister or the Chief Executive (if requested to do so)
on any matter relating to the identification of the heritage value of, and the
management of, sustainable wild horse populations within Kosciuszko
National Park, and
(b) to provide advice to the Chief Executive on the preparation of a draft wild
horse heritage management plan under Part 2 of this Act.
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Schedule 1 Wild Horse Community Advisory Panel
5 Terms of office of members
Subject to this Schedule and the regulations, a member holds office for such period
(not exceeding 4 years) as is specified in the member's instrument of appointment,
but is eligible (if otherwise qualified) for re-appointment.
6 Part-time appointments
Members hold office as part-time members.
7 Remuneration
A member is entitled to be paid such remuneration (including travelling and
subsistence allowances) as the Minister may from time to time determine in respect
of the member.
8 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the Panel of which reasonable notice
has been given to the member personally or by post, except on leave granted
by the Minister or unless the member is excused by the Minister for having
been absent from those meetings, or
(f) becomes a mentally incapacitated person.
(2) The Minister may remove a member from office at any time.
9 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this Act and the
regulations, to be appointed to fill the vacancy.
10 Chairperson and Deputy Chairperson
(1) The Chairperson or Deputy Chairperson vacates office as Chairperson or Deputy
Chairperson if he or she:
(a) is removed from that office by the Minister under this clause, or
(b) resigns that office by instrument in writing addressed to the Minister, or
(c) ceases to be a member of the Panel.
(2) The Minister may at any time remove the Chairperson or Deputy Chairperson from
office as Chairperson or Deputy Chairperson.
11 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to devote the whole
of his or her time to the duties of that office, or
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Schedule 1 Wild Horse Community Advisory Panel
(b) prohibiting the person from engaging in employment outside the duties of that
office,
the provision does not operate to disqualify the person from holding that office and
also the office of a member or from accepting and retaining any remuneration
payable to the person under this Act as a member.
12 Personal liability
A matter or thing done or omitted to be done by the Panel, a member of the Panel or
a person acting under the direction of the Panel does not, if the matter or thing was
done or omitted to be done in good faith for the purpose of executing this or any other
Act, subject a member or a person so acting personally to any action, liability, claim
or demand.
Part 3 Procedure
13 General procedure
The procedure for the calling of meetings of the Panel and for the conduct of business
at those meetings is, subject to this Act and the regulations, to be as determined by
the Panel.
14 Quorum
The quorum for a meeting of the Panel is a majority of its members for the time
being.
15 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson, or
in the absence of both the Chairperson and the Deputy Chairperson, a person elected
by the members of the Panel who are present at a meeting of the Panel) is to preside
at a meeting of the Panel.
(2) The presiding member has a deliberative vote and, in the event of an equality of
votes, has a second or casting vote.
16 Voting
A decision supported by a majority of the votes cast at a meeting of the Panel at
which a quorum is present is the decision of the Panel.
17 Transaction of business outside meetings or by telephone etc
(1) The Panel may, if it thinks fit, transact any of its business by the circulation of papers
among all the members of the Panel for the time being, and a resolution in writing
approved in writing by a majority of those members is taken to be a decision of the
Panel made at a meeting of the Panel.
(2) The Panel may, if it thinks fit, transact any of its business at a meeting at which
members (or some members) participate by telephone or other electronic means, but
only if any member who speaks on a matter before the meeting can be heard by the
other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each other member have the same voting rights as they have at
an ordinary meeting of the Panel.
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Kosciuszko Wild Horse Heritage Bill 2018 [NSW]
Schedule 1 Wild Horse Community Advisory Panel
(4) A resolution approved under subclause (1) is, subject to the regulations, to be
recorded in the minutes of the meetings of the Panel.
(5) Papers may be circulated among the members for the purposes of subclause (1) by
electronic means.
18 First meeting
The Minister may call the first meeting of the Panel in such manner as the Minister
thinks fit.
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