25—Amendment of section 38—Management plans
(1)
Section 38(1)—delete subsection (1) and substitute:
(1) The Minister
must—
(a) in
the case of a reserve that is a co-managed park—as soon as practicable
after the making of the co-management agreement for the reserve; or
(b) in
the case of any other reserve—as soon as practicable after the
constitution of the reserve,
prepare a plan of management in relation to the reserve.
(1a) However, the
Minister need not prepare a plan of management in relation to a reserve
(whether or not the reserve is a co-managed park) if a plan of management has
been adopted under this section in relation to the reserve.
(2)
Section 38(2)—after "previous plan" insert:
(and in a subsequent provision of this section, a reference to a plan of
management includes a reference to such an amendment or plan to be
substituted)
(3)
Section 38(2a)—delete subsection (2a) and substitute:
(2a) A plan of
management must be prepared—
(a)
after consultation with the Development Policy Advisory Committee under the
Development Act 1993 ; and
(b)
having regard to—
(i)
the principles and policies of the Planning Strategy
under the Development Act 1993 ; and
(ii)
the provisions of any relevant Development Plan under
that Act; and
(c) in
the case of a co-managed park—
(i)
for which there is a co-management board—in
collaboration with the board; or
(ii)
in any case—after consultation with the other party
to the co-management agreement for the park.
(4)
Section 38(3)—delete "(whether the plan is the original plan of
management or in substitution for a previous plan of management) or any
amendment to a plan of management"
(5)
Section 38(3)—delete ", or the amendment,"
(6)
Section 38—after subsection (4) insert:
(4a) The plan of
management in respect of a co-managed park must deal with such matters and
include such material as is required by regulation.
(7)
Section 38—after subsection (9) insert:
(9a) The Minister may
not exercise a power of the Minister under subsection (9) in relation to a
proposed plan of management for a co-managed park except—
(a) if
there is a co-management board for the park—with the agreement of the
board; or
(b) in
any other case—after consultation with the other party to the
co-management agreement for the park.