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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
National Parks and Wildlife (Co-managed Parks) Amendment
Bill 2016
A BILL FOR
An Act to amend the
National
Parks and Wildlife Act 1972
; and to make related amendments to the
Wilderness
Protection Act 1992
.
Contents
Part 2—Amendment of National Parks and
Wildlife Act 1972
3Amendment of section
5—Interpretation
4Amendment of section 38—Management
plans
5Amendment of section 42—Prohibited
areas
43ACIkara-Flinders Ranges National
Park
7Amendment of section
43F—Co-management agreement
8Amendment of section 43G—Establishment of
co-management boards by regulation
9Amendment of section 43I—Dissolution or
suspension of co-management boards
10Amendment of section
80—Regulations
Schedule 1—Related amendments and
transitional provisions
Part 1—Amendment of Wilderness
Protection Act 1992
1Amendment of section 33A—Co-management of
wilderness protection areas or zones
Part 2—Transitional
provisions
2Advisory committees—National parks and
conservation parks
3Advisory committees—Wilderness protection
areas and wilderness protection zones
The Parliament of South Australia enacts as
follows:
This Act may be cited as the National Parks and Wildlife (Co-managed
Parks) Amendment Act 2016.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of National Parks and Wildlife
Act 1972
3—Amendment
of section 5—Interpretation
Section 5—after the definition of co-managed park
insert:
co-management advisory committee means a co-management
advisory committee under section 43F(2a)(b)(ii);
4—Amendment
of section 38—Management plans
(1) Section 38(2a)(c)—delete paragraph (c) and substitute:
(c) in the case of a co-managed park—
(i) if there is a co-management board for the park—in collaboration
with the board; and
(ii) if there is a co-management advisory committee for the
park—after consultation with the co-management advisory committee;
and
(iii) in any case—after consultation with the other party to the
co-management agreement for the park.
(2) Section 38(9a)(b)—delete "other party to the co-management
agreement" and substitute:
co-management advisory committee
5—Amendment
of section 42—Prohibited areas
Section 42(1a)(b)—delete "other party to the co-management agreement"
and substitute:
co-management advisory committee
After section 43AB insert:
43AC—Ikara-Flinders Ranges National
Park
(1) The acquisition or
exercise of relevant mining rights, or purported acquisition or exercise of such
rights, in respect of the land constituting the Ikara-Flinders Ranges National
Park before the relevant day are declared, for the purposes of this Act and for
the purposes of any other dealings with or in relation to those rights
(including, for example, the imposition of a bond under the
Mining
Act 1971
), to have been validly acquired or exercised and any such rights in
existence immediately before the relevant day (including a right of renewal of
relevant mining rights) may, despite section 43, continue to be exercised in
respect of the prescribed land on and after that day.
(2) Despite section 43,
rights of entry, prospecting, exploration or mining may, with the approval of
the Minister and the Mining Minister, be acquired pursuant to the
Mining
Act 1971
in respect of the prescribed land (including, for example, by the renewal
of relevant mining rights) and may be exercised in respect of that
land.
(3) A person in
whom rights are vested under the
Mining
Act 1971
in respect of the prescribed land must not carry out work in the exercise
of those rights that has not previously been authorised unless the Minister and
the Mining Minister have approved that work, and such an approval may be subject
to such conditions as the Ministers may agree.
(4) If the Minister and the Mining Minister cannot agree as to whether to
give an approval under
subsection (2)
or
(3)
, or impose conditions under
subsection (3)
, the Governor may, with the advice and consent of the Executive Council,
give an approval or impose conditions in writing under the relevant
subsection.
(5) Nothing in this section authorises or otherwise permits the
acquisition or exercise of rights of entry, prospecting, exploration or mining
in the Ikara-Flinders Ranges National Park after the commencement of this
section other than those rights referred to in
subsections (1)
and
(2)
.
(6) In this section—
Mining Minister means the Minister responsible for the
administration of the
Mining
Act 1971
;
prescribed land means the land that is, at the relevant day,
subject to relevant mining rights;
relevant day means the day of commencement of this
section;
relevant mining rights means the rights of entry,
prospecting, exploration or mining provided for in Mining Lease 3413 and Mining
Lease 3414 under the
Mining
Act 1971
and any mining tenement granted in connection with those leases.
7—Amendment
of section 43F—Co-management agreement
(1) Section 43F(1)—after subsection (1) insert:
(1a) A co-management agreement may relate to more than 1 national park or
conservation park.
(2) Section
43F—after subsection (2) insert:
(2a) A co-management
agreement for a national park or conservation park must set out governance
arrangements for the park as follows:
(a) an agreement for a national park or conservation park constituted of,
or to be constituted of, Aboriginal-owned land must provide for a co-management
board for the park;
(b) an agreement for a
national park or conservation park constituted of Crown land must provide
for—
(i) a co-management board for the park; or
(ii) a committee (a
co-management advisory committee) to advise the Minister and
Director in relation to the park under this Act and as set out in the agreement
(and such a committee may, for example, be a co-management board or
co-management advisory committee having responsibility in relation to 1 or more
other parks).
(3) Section 43F(3)—after "A co-management agreement"
insert:
in relation to a co-managed park
(4) Section 43F(3)(b)—delete "if a co-management board is not to be
established" and substitute:
if there is not to be a co-management board
(5) Section 43F(3)—after paragraph (b) insert:
(ba) if there is to be a co-management advisory committee for the
co-managed park—the constitution of the committee; and
(6) Section 43F(5)—delete subsection (5) and substitute:
(5) The following provisions apply to the termination of a co-management
agreement or, in the case of a co-management agreement that applies to more than
1 co-managed park, the termination of the agreement insofar as it applies to a
particular co-managed park:
(a) if the co-management agreement applies to a co-managed park
constituted of Aboriginal-owned land that was Aboriginal-owned land before the
park was constituted—
(i) the agreement, insofar as it applies to that park, may be terminated
unilaterally; and
(ii) the agreement may specify a minimum period that must elapse before
the agreement, insofar as it applies to that park, may be terminated;
(b) if the co-management agreement applies to a co-managed park
constituted of Aboriginal-owned land that was Crown land before the
co-management agreement was made—
(i) the agreement, insofar as it applies to that park, may only be
terminated by agreement between the Minister and registered proprietor of the
Aboriginal-owned land; and
(ii) the agreement may specify a minimum period that must elapse before
the agreement, insofar as it applies to that park, may be terminated;
(c) if the co-management agreement applies to a co-managed park
constituted of Crown land—the agreement, insofar as it applies to that
park, may only be terminated by the Minister by notice in writing to the other
party to the agreement.
8—Amendment
of section 43G—Establishment of co-management boards by
regulation
(1) Section 43G(1)—delete "a co-managed park" and
substitute:
1 or more co-managed parks
(2) Section 43G(2)(a)—delete "the co-managed park" and
substitute:
each co-managed park to be under the control and management of the
board
(3) Section 43G(4)—delete subsection (4) and substitute:
(4) If a co-management board has been established but appointments of
members to the board, at any time, are not sufficient for the board to
constitute a quorum at a meeting of the Board, the Director has the functions
and powers of the board, subject to the regulations, until the relevant
appointments are made.
(5) If a regulation establishing a co-management board for a co-managed
park is disallowed by either House of Parliament—
(a) the Director will have the functions and powers of the board until a
new board is established for the park; and
(b) the assets and liabilities of the board will be dealt with in
accordance with the directions of the Minister.
9—Amendment
of section 43I—Dissolution or suspension of co-management
boards
(1) Section 43I(2)—delete subsection (2) and substitute:
(2) A co-management board must not be dissolved under this section
unless—
(a) each co-managed park under the control and management of the board is
abolished; or
(b) the co-management agreement for each co-managed park under the control
and management of the board is terminated.
(2) Section 43I(3)—delete "The co-management board for a co-managed
park" and substitute:
A co-management board
10—Amendment
of section 80—Regulations
Section 80(2)(z)—after "against" insert:
this Act or
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment of Wilderness Protection
Act 1992
1—Amendment
of section 33A—Co-management of wilderness protection areas or
zones
(1) Section 33A(6)(a)(i)—after "zone" insert:
, if
(2) Section 33A(6)(a)(i)(A)—delete "if"
(3) Section 33A(6)(h)—delete "an advisory committee (the
co-management committee for the area or zone)" and
substitute:
the co-management advisory committee
(4) Section 33A(6)—delete "co-management committee" wherever
occurring and substitute in each case:
co-management advisory committee
Part 2—Transitional
provisions
2—Advisory
committees—National parks and conservation parks
(1) A committee established before the commencement of
section 7(2)
to provide advice to the Director in relation to the management of a
co-managed park constituted of Crown land under a co-management agreement is
taken, after the commencement of
section 7(2)
, to be a co-management advisory committee within the meaning of the
National
Parks and Wildlife Act 1972
.
(2) In this clause—
co-managed park has the same meaning as in the
National
Parks and Wildlife Act 1972
;
co-management agreement has the same meaning as in the
National
Parks and Wildlife Act 1972
;
Director has the same meaning as in the
National
Parks and Wildlife Act 1972
.
3—Advisory
committees—Wilderness protection areas and wilderness protection
zones
A co-management committee within the meaning of section 33A of the
Wilderness
Protection Act 1992
immediately before the commencement of
section 7(2)
of this Act is taken, after that commencement, to be a co-management
advisory committee for the purposes of Part 3 Division 4 of the
Wilderness
Protection Act 1992
.