[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES National Parks and Reserves Management Amendment (Parks and Reserves Authority) Bill 2013 PART 1 PRELIMINARY This Part sets out the Act's short title and commencement. Clause 1: Short Title Provides that the short title of the Act is the National Parks and Reserves Management Amendment (Parks and Reserves Authority) Act 2013. Clause 2: Commencement Provides that the Act commences on a day to be proclaimed. PART 2 NATIONAL PARKS AND RESERVES MANAGEMENT ACT 2002 AMENDED This Part sets out the amendments to the National Parks and Reserves Management Act 2002. Clause 3: Principal Act Provides that the Principal Act referred to in this Part is the National Parks and Reserves Management Act 2002. Clause 4: Section 3 amended (Interpretation) Governs how terms and phrases used in the Act are to be interpreted and applied. In particular, subclause (1): Inserts a definition of the term "Authority", defined to mean the Parks and Reserves Authority established under section 12; Inserts a definition of the term "Board", defined to mean the Board of the Parks and Reserves Authority established under section 13; Inserts a definition of the term "Chief Executive", defined to mean the Chief Executive, Parks and Reserves Authority appointed under section 6; Omits the definition of the terms "Council" and "Director"; Inserts a definition of the term "Parks and Reserves Strategic Plan", defined to mean a strategic plan prepared and approved under sections 18A and 18B, and amended, if applicable, under section 18D. Clause 5: Part 2, Division 1: Heading amended Amends the heading to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority".
Clause 6: Sections 6 and 7 substituted Repeals sections 6 and 7 of the Principal Act which governed the appointment and functions of the Director of National Parks and Wildlife. Substitutes a new section 6 which provides authority for the Governor to appoint a State Service officer or State Service employee to be Chief Executive, Parks and Reserves Authority and a new section 7 which sets out the functions of the Chief Executive. Inserts a new section 7A which provides for arrangements to be made for the services of State Service officers or employees employed in the Department of Primary Industries, Parks, Water and Environment to be made available to the Chief Executive to enable both the Chief Executive and the Board to perform their respective functions. Clause 7: Section 8 amended (Arrangements in respect of Nature Conservation Act 2002) Amends section 8 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 8: Section 10 amended (Rangers) Amends section 10 of the Principal Act to replace "Secretary" with "Chief Executive" in subclauses (1)-(3), to authorise the appointment of rangers by the Chief Executive, and to replace subclause (5) with a new subsection to authorise, in circumstances where the managing authority for any reserved land is not the Minister, the appointment by that authority, with the approval of the Chief Executive, a ranger for that land. Clause 9: Section 11 amended (Adoption of emblem for use by Minister) Amends section 11 of the Principal Act to replace "Director of National Parks and Wildlife" with "Minister" in subsection (1) and with "Chief Executive" in subsection (2) in accordance with the respective powers and functions under the Act. Clause 10: Part 2, Division 2: Heading amended Amends the heading to replace "National Parks and Wildlife Advisory Council, &c." with "Parks and Reserves Authority". Clause 11: Sections 12, 13, 14, 15 and 16 substituted Repeals sections 12, 13, 14, 15 and 16 of the Principal Act which established the National Parks and Wildlife Advisory Council and governed its appointment, functions, assistance and removal of members. Substitutes a new section 12 to establish the Parks and Reserves Authority, consisting of the Board of the Parks and Reserves Authority and the Chief Executive, and confirms that it forms part of the State's resource management and planning system. Provides that the Authority is to further the objectives for management of reserved land specified in Page 2 of 13
Schedule 1 of the Act. Substitutes a new section 13 and 13A to establish the Board of the Parks and Reserves Authority, consisting of seven members appointed by the Governor on the nomination of the Minister and the Chief Executive, and provides for the appropriate skills and experience of Board members. Provides for the appointment of a chairperson and deputy chairperson of the Board, excluding the Chief Executive. Substitutes a new section 14 to set out the functions and powers of the Board. Substitutes new sections 15, 15A and 15B to require the Minister to provide the Board with ministerial statements of expectation in relation to the Parks and Reserves Strategic Plan and any management plans by 31 March in each even- numbered year. Governs the actions to be taken in making a ministerial statement of expectation and the contents of such statements. Provides that a ministerial statement of expectation may not prevent the Board from performing statutory functions and may not extend the functions and powers of the Board. Inserts a new section 15C to require the Minister to arrange for an audit by an independent person of the functions of the Board, including an assessment of the furthering of the objectives for management of reserved land specified in Schedule 1, and to make the audit report publicly available. Substitutes a new section 16 to provide the Board with the power to delegate any of its powers or functions, other than the power of delegation. Clause 12: Section 17 amended (Special advisory committees) Amends section 17(1)(b) and (2)(b)(iii) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 13: Section 17A inserted Inserts a new section 17A to provide that the Board may establish committees, which may includes persons who are not members of the Board, to advise it on any matter relating to its statutory functions. Clause 14: Sections 18A, 18B, 18C and 18D inserted Inserts a new section 18A to provide that the Board must prepare a draft Parks and Reserves strategic Plan, in accordance with any ministerial statement of expectation, and is to provide an opportunity for public comment on the plan. Inserts a new section 18B to provide that, after receipt of a draft Parks and Reserves Strategic Plan, the Minister may approve the plan, refer it back to the Board or approve the plan subject to alterations considered necessary or expedient. Inserts a new section 18C to provide that the Board must Page 3 of 13
provide notification, by public notice, of the approval of the Parks and Reserves Strategic Plan, the period during which it is in force and the place at which a copy may be obtained. Inserts a new section 18D to provide that the Minister may, including on the recommendation of the Board, amend the Parks and Reserves Strategic Plan, but must advise the Board of the reasons for the amendments if of his or her own motion. Clause 15: Section 19 amended (Management Plans) Amends section 19 of the Principal Act to replace "Director of National Parks and Wildlife" with "Board" in subsections (9) and (10) in accordance with the powers and functions under the Act. Clause 16: Section 20 amended (Formulation of management plans) Amends section 20 of the Principal Act to replace "Director of National Parks and Wildlife" with "Board" in subsections (2)-(5), (9), (11) and (13) and to replace "Minister" with "Board" in subsection (12). Amends paragraph (a) of subsection (12) to replace it with a requirement for the Secretary of the Department responsible for the Nature Conservation Act 2002 to be provided with a copy of the draft management plan, and amends paragraph (b) of subsection 12 by omitting subparagraph (iv) and replacing subparagraph (iii) with a requirement for a notice published in a newspaper in relation to a draft management plan to state that representations in relation to the draft management plan may be made to the Board by any person within the period specified, or any further period the Board allows. Clause 17: Sections 21 and 22 substituted Substitutes sections 21 and 22 of the Principal Act to require that the Board is to consider any representations made in respect to a draft management plan and to prepare a report containing a summary of the representations, the Board's opinions on the merits of the representations and any proposed modifications to the draft plan. Clause 18: Section 23 amended (Public exhibition) Amends section 23 of the Principal Act by omitting subsections (1) and (3) and substituting new subsections to require the Board to publicly exhibit its report and any representations, and to make available any information that the Board considers may assist public consideration of both. Clause 19: Section 24 substituted Substitutes section 24 of the Principal Act to require the report of the Board and representations to be provided to the Minister. Inserts a new section 24A to provide that the Minister may, upon receipt of the report of the Board, seek and have regard Page 4 of 13
to information or advice from the Tasmanian Planning Commission or any person. Clause 20: Section 25 amended (Submission of management plan) Amends section 25(1) of the Principal Act by omitting paragraphs (a), (b) and (c) and substituting new paragraphs to require the Minister to submit the draft management plan to the Governor for approval after considering the report of the Board and any representations made. Clause 21: Section 28 amended (Notification and taking effect of management plans) Amends section 28 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 22: Section 29 amended (Managing authorities for reserves) Amends section 29 of the Principal Act to replace "Director of National Parks and Wildlife" with "Minister" in subsections (1), (5) and (9). Clause 23: Section 30 amended (Functions and powers of managing authority in relation to reserved land) Amends section 30(3)(d) of the Principal Act to clarify that the managing authority can make arrangements with the Chief Executive or any other person for the doing of anything referred to in subsection (3) in relation to reserved land, including to provide and maintain facilities and conveniences for the use or benefit of persons resorting to reserved land and to take any steps or undertake any activities that considered necessary or expedient for the purposes of preventing, managing or controlling fire in reserved land . Clause 24: Section 33 amended (Membership of Conservation Management Trust) Amends section 33(1)(g) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 25: Section 35 amended (Dealings with reserved lands) Amends section 35(4) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 26: Section 36 amended (Prohibition on destroying trees) Amends section 36 of the Principal Act to replace "managing authority" with "Chief Executive" in accordance with the powers and functions under the Act. Clause 27: Section 40 amended (Granting of business licence) Inserts a new subsection (1A) to provide that the Minister must be satisfied that the granting of the business licence is consistent with the Parks and Reserves Strategic Plan and the objectives which apply to that class of reserved land. Clause 28: Section 47 substituted Page 5 of 13
Substitutes section 47 of the Principal Act to provide that the Minister may delegate any of his or her functions or powers in relation to a business licence to the Chief Executive, or to a prescribed body or a Conservation Management Trust declared under section 29 to be the managing authority for the reserved land over which the business applies. Clause 29: Section 48 amended (Minister may grant leases and licences) Inserts a new subsection (1A) to provide that, before granting a lease or licence, the Minister must be satisfied that the granting of the lease or licence is consistent with the Parks and Reserves Strategic Plan. The conditions of the remaining subsections continue to apply, including the requirement for consistency with management objectives. Replaces "Director of National Parks and Wildlife" with "Chief Executive" in subsection (8). Clause 30: Section 52 amended (Cancellation of lease where land required for public or other purposes) Amends section 52 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in subsections (3)(b), (5) and (5)(b). Clause 31: Section 54 amended (Compensation payable on non- renewal of certain leases) Amends section 54(3)(a) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 32: Section 55 amended (Improvements on land held under licence) Amends section 55(2)(a) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 33: Section 56 amended (Community service contributions payable by holders of private rights within reserved lands) Amends section 56(2) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 34: Section 57 amended (Fencing of reserved Crown land) Amends section 57 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in subsections (1), (2) and (3). Clause 35: Section 59 amended (Notable buildings and places) Amends section 59 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in subsections (1), (2) and (3). Clause 36: Section 60 amended (Regulations for reserved land) Page 6 of 13
Amends section 60(4)(a) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 37: Section 64 amended (Powers and functions of seizure) Amends section 64(7) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 38: Section 69 amended (Production and cancellation of licences, &c., in offence proceedings) Amends section 69(5)(b) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 39: Section 72 amended (Forfeiture of articles, &c., on conviction) Amends section 72(5) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 40: Section 73 amended (Compensation on conviction for offences) Amends section 73(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in paragraph (a) of the definition of appropriate authority. Clause 41: Section 85 amended (Assistance to officers) Amends section 85(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in the definition of officer. Clause 42: Section 86 amended (Compensation for injury or death occurring in the course of official duty, &c.) Amends section 86 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in the definition of officer in subsection (1) and in subsections (5) and (7). Clause 43: Section 88 amended (Expenses of Act) Amends section 88 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive" in subsection (2) and with "Minister" in subsections (3), (4)(a) and (5). Clause 44: Section 89 substituted Substitutes section 89 of the Principal Act to provide the Chief Executive with the power to delegate any of his or her powers or functions under the Act, other than the power of delegation, to a State Service officer or employee. Clause 45: Section 90A inserted Inserts a new section 90A to provide that, where an Act amending this Act also amends a provision of any regulations, the further amendment of the regulations by a subsequent regulation is not prevented. Page 7 of 13
Clause 46: Section 91 amended (Regulations) Amends section 91 of the Principal Act to clarify that regulations may be made in relation to the process to be undertaken in the preparation of the draft Parks and Reserves Strategic Plan, the preparation of the plan and the form of the plan, and to replace "Director of National Parks and Wildlife" with "the Board or Chief Executive" in subsection (4)(c). Clause 47: Schedules 2A and 2B inserted Inserts a new Schedule 2A to govern matters relevant to membership of the Board, including the term and conditions of appointment, deputies of members, disclosure of interest and termination of appointment. Inserts a new Schedule 2B to govern matters relating to meetings of the Board, including who must preside, what constitutes a quorum and procedures at meetings. Clause 48: Schedule 6 inserted Inserts a new Schedule 6 to provide for transitional and savings arrangements for the National Parks and Reserves Management Amendment (Parks and Reserves Authority) Amendment Act 2013. PART 3 ABORIGINAL RELICS ACT 1975 AMENDED This Part sets out clauses in the Aboriginal Relics Act 1975 to be amended by this Bill. Clause 49: Principal Act Provides that the Principal Act referred to in this Part is the Aboriginal Relics Act 1975. Clause 50: Section 2 amended (Interpretation) Governs how terms and phrases used in the Act are to be interpreted and applied. In particular, subclause (1): Omits the definition of the term "Director"; Inserts a definition of the term "Secretary", defined to mean the Secretary of the Department. Clause 51: Section 3 amended (Establishment and functions of the Aboriginal Relics Advisory Council) Amends section 3 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (2)(c), (2)(d), (3) and (5). Clause 52: Section 6 amended (Proceedings of the Council) Amends section 6(4) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". Clause 53: Section 7 amended (Declaration of protected sites) Page 8 of 13
Amends section 7 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (1) and (2). Clause 54: Section 8 amended (Management, &c., of protected sites) Amends section 8 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (1), (2), (3)(d), (4), (6), (7), (8), (9), (10), (11), (12) and (13). Clause 55: Section 9 amended (Protection of protected sites) Amends section 9 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (1) and (2). Clause 56: Section 10 amended (Duties of persons owning or finding, &c., relics) Amends section 10 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (1), (2), (3), (4) and (6). Clause 57: Section 12 amended (Acquisition of relics by the Crown) Amends section 12(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". Clause 58: Section 13 amended (Dealing with relics vested in the Crown) Amends section 13 of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary" in subsections (1), (2) and (4). Clause 59: Section 14 amended (Protection of relics) Amends section 14(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". Clause 60: Section 19 amended (Procedure on seizure of objects) Amends section 19(2) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". Clause 61: Section 22 amended (Expenses of Act) Amends section 22(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". Clause 62: Section 25 amended (Regulations) Amends section 25(4)(a) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary". PART 4 CROWN LAND (SHACK SITES) ACT 1997 AMENDED This Part sets out clauses in the Crown Land (Shack Sites) Act 1997 to be amended by this Bill. Clause 63: Principal Act Provides that the Principal Act referred to in this Part is the Crown Land (Shack Sites) Act 1997. Page 9 of 13
Clause 64: Section 6 amended (Factors relevant to assessment and determination) Amends section 6(1)(f)(iii) of the Principal Act to replace "Director of National Parks and Wildlife" with "Board of the Parks and Reserves Authority". Clause 65: Section 37 amended (Shack site determination process not impeded by other laws) Amends section 37(3) of the Principal Act to replace "Director of National Parks and Wildlife" with "Board of the Parks and Reserves Authority". PART 5 EXPLOSIVES REGULATIONS 2012 AMENDED This Part sets out clauses in the Explosives Regulations 2012 to be amended by this Bill. Clause 66: Principal Regulations Provides that the Principal Regulations referred to in this Part is the Explosives Regulations 2012. Clause 67: Schedule 7 amended (Standard conditions of fireworks display permits) Amends clause 3(1)(f) of Schedule 7 to the Principal Regulations to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority". PART 6 FIREARMS ACT 1996 AMENDED This Part sets out clauses in the Firearms Act 1996 to be amended by this Bill. Clause 68: Principal Act Provides that the Principal Act referred to in this Part is the Firearms Act 1996. Clause 69: Section 39 amended (Requirements relating to recreational hunting or vermin control) Amends section 39(c) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority". PART 7 FIRE SERVICE ACT 1979 AMENDED This Part sets out clauses in the Fire Service Act 1979 to be amended by this Bill. Clause 70: Principal Act Provides that the Principal Act referred to in this Part is the Fire Service Act 1979. Clause 71: Section 14 amended (State Fire Management Council) Amends section 14(2) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority" in paragraphs (f) and (g). Clause 72: Section 45 amended (Powers of authorised national parks Page 10 of 13
officers) Amends section 45(2) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority". Clause 73: Section 67 amended (Revocation, suspension or variation of permits to light fires) Amends section 67(3)(a)(i) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority". Clause 74: Section 68 amended (Area of extreme hazard fire) Amends section 68(4)(b) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority". PART 8 HISTORIC CULTURAL HERITAGE ACT 1995 AMENDED This Part sets out clauses in the Historic Cultural Heritage Act 1995 to be amended by this Bill. Clause 75: Principal Act Provides that the Principal Act referred to in this Part is the Historic Cultural Heritage Act 1995. Clause 76: Section 6 amended (Constitution of Heritage Council) Amends section 6(1)(b) of the Principal Act to replace "Director of National Parks and Wildlife" with "Secretary of the Department". PART 9 NATIONAL PARKS AND RESERVED LAND REGULATIONS 2009 AMENDED This Part sets out clauses in the National Parks and Reserved Land Regulations 2009 to be amended by this Bill. Clause 77: Principal Regulations Provides that the Principal Regulations referred to in this Part is the National Parks and Reserved Land Regulations 2009. Clause 78: Regulations 6 amended (Protection of fauna) Amends Regulation 6(3)(a)(i) to replace "Director of National Parks and Wildlife" with "Minister". Clause 79: Regulations 26 amended (Who may authorise in certain circumstances) Amends Regulation 26 to replace "Director of National Parks and Wildlife" with "Minister" in subregulation (2) and (3). Clause 80: Regulation 38 amended (Authorised persons) Amends Regulation 38(1) to replace "Director of National Parks and Wildlife" with "Minister". PART 10 NATURE CONSERVATION ACT 2002 This Part sets out clauses in the Nature Conservation Act 2002 to be amended by this Bill. Page 11 of 13
Clause 81: Principal Act Provides that the Principal Act referred to in this Part is the Nature Conservation Act 2002. Clause 82: Section 3 amended (Interpretation) Governs how terms and phrases used in the Act are to be interpreted and applied. In particular, subclause (1): Omits the definition of the term "Director"; Inserts a definition of the term "Board", defined to mean the Board of the Parks and Reserves Authority established under the National Parks and Reserves Management Act 2002; Inserts a definition of the term "Chief Executive", defined to mean the Chief Executive, Parks and Reserves Authority appointed under section 6 of the National Parks and Reserves Management Act 2002. Clause 83: Section 7 amended (Arrangements in respect of National Parks and Reserves Management Act 2002) Amends section 7(1) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 84: Section 10 amended (Secretary to consult with Director) Amends section 10 of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". Clause 85: Section 32 amended (Prohibition on introduction, &c., of certain animals) Amends section 32(11) of the Principal Act to replace "Director of National Parks and Wildlife" with "Chief Executive". PART 11 PORT ARTHUR HISTORIC SITE MANAGEMENT AUTHORITY ACT 198 AMENDED This Part sets out clauses in the Port Arthur Historic Site Management Authority Act 1987 to be amended by this Bill. Clause 86: Principal Act Provides that the Principal Act referred to in this Part is the Port Arthur Historic Site Management Authority Act 1987. Clause 87: Section 12 amended (Co-ordination of administration with requirements of Nature Conservation Act 2002) Amends section 12 of the Principal Act to replace "the Director of National Parks and Wildlife by the National Parks and Reserves Management Act 2002 and the Aboriginal Relics Act 1975" with "the Chief Executive, Parks and Reserves Authority by the National Parks and Reserves Management Act 2002 and on the Secretary of the Department by the Aboriginal Relics Act 1975". Page 12 of 13
Amends subsection (4) to replace "Sections 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28(1), 34, 35, 36 and 55 of the National Parks and Reserves Management Act 2002" with "Sections 18, 18A, 18B, 18C, 18D, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28(1), 34, 35, 36 and 55 of the National Parks and Reserves Management Act 2002". Amends subsection (4) to replace "Director of National Parks and Wildlife" with "Minister or the Chief Executive, Parks and Reserves Authority". PART 12 WELINGTON PARK ACT 1993 AMENDED This Part sets out clauses in the Wellington Park Act 1993 to be amended by this Bill. Clause 88: Principal Act Provides that the Principal Act referred to in this Part is the Wellington Park Act 1993. Clause 89: Section 10 amended (Constitution of Trust) Amends section 10 of the Principal Act to substitute paragraph (c) of subsection (1) with "the Chief Executive, Parks and Reserves Authority or a person nominated by the Chief Executive" and to replace "Director of National Parks and Wildlife" with "Chief Executive, Parks and Reserves Authority" in subsection (3). PART 13 REPEAL OF ACT Provides that this Act is to be repealed 365 days after it commences. Page 13 of 13