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STATUTES AMENDMENT (CO-MANAGED PARKS) ACT 2004 (NO 27 OF 2004) - SECT 25

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.



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