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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 73B
Adoption, amendment and cancellation of plans of management
73B Adoption, amendment and cancellation of plans of management
(1) The Minister may do the following after considering representations made
under section 73A and advice from the appropriate regional advisory committee
and, if provided, advice from the Council-- (a) adopt a plan of management
without alteration,
(b) adopt a plan of management with the alterations the
Minister thinks fit,
(c) refer the plan of management back to the responsible
authority for further consideration.
(1A) For subsection (1), advice received
from the appropriate regional advisory committee and the Council in relation
to land reserved or dedicated under Part 4A must be provided to the Minister
by the responsible authority.
(1B) Despite subsections (1) and (1A) the
Minister may-- (a) if the appropriate regional advisory committee or
responsible authority do not provide advice-- (i) adopt a plan of management,
without alteration or with the alterations the Minister thinks fit, or
(ii)
refer the plan of management back to the responsible authority and the
regional advisory committee for further consideration, or
(b) if the
appropriate regional advisory committee is not properly constituted--adopt a
plan of management, without alteration or with the alterations the Minister
thinks fit, or
(c) consider advice provided by the appropriate
regional advisory committee after the expiration of the period for providing
advice to the Minister under section 73A(9).
(2) The Minister is to refer the
plan of management back to the responsible authority for consideration if the
Minister has not adopted the plan within 12 months after receiving it for
consideration.
(3) The Minister may, on the recommendation of the responsible
authority-- (a) amend or alter a plan of management from time to time, or
(b)
cancel a plan of management, or
(c) cancel a plan of management and
substitute a new plan of management.
(4) If the Minister proposes to amend or
alter a plan of management, or to cancel a plan of management and substitute a
new plan of management, the Minister is to instruct the responsible authority
to cause the amendment, alteration or new plan of management to be prepared.
(5) The responsible authority is to cause the amendment, alteration or new
plan of management to be prepared as soon as possible.
(6) The Minister may
take action under subsection (1), (1B) or (3)-- (a) in relation to a
plan of management for a wildlife refuge--only with the consent in writing of
the owner or holder, and the occupier, of the land to which the
plan of management relates, or
(b) in relation to a plan of management for a
conservation area or proposed conservation area--only with the consent in
writing of the owner of the land to which the plan of management relates, or
(c) in relation to a plan of management for a State forest--only with the
concurrence in writing of the Forestry Corporation.
(7) Section 72AA, 73A,
74, 75 and subsections (1)-(6) apply to and in respect of an amendment,
alteration or substitution of a plan of management in the same way as they
apply to the preparation of a new plan of management.
However, in relation to an amendment or alteration of a plan of management,
the reference in section 73A (2) (c) (as applied) to "60 days" is taken to be
a reference to "42 days".
(8) Despite the other provisions of this section,
the Minister is to cancel a plan of management for a State forest at the
request in writing of the Forestry Corporation.
Note : Sections 74 and 80
include other provisions relating to the adoption, amendment and cancellation
of plans of management for certain land.
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