Regional Forest Agreement (Land Classification) Act 1998

Regional Forest Agreement (Land Classification) Act 1998

An Act to classify certain land pursuant to the Regional Forest Agreement and to amend the Forestry Act 1920 , National Parks and Wildlife Act 1970 and the Crown Lands Act 1976

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Regional Forest Agreement (Land Classification) Act 1998 .

2.   Commencement

(1)  Division 3 of Part 2 and Schedules 6 , 7 , 8 , 9 , 10 , 11 , 12 and 13 commence on a day to be proclaimed.

(2)  Section 6 and Schedule 2 commence on a day to be proclaimed, being a day subsequent to the day proclaimed under subsection (1).

(3)  Division 2 of Part 2 and Schedule 5 commence on a day to be proclaimed, being a day subsequent to the day proclaimed under subsection (2).

(4)  Part 5 commences on the day proclaimed under subsection (3).

(5)  Sections 73 , 75 , 76 , 77 , 80 , 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 and 101 commence on the day proclaimed under subsection (1).

(6)  Sections 31 , 32 , 36 , 40 , 45 , 48 , 49 , 51 and 52 commence on the day proclaimed under subsection (1).

(7)  Sections 33 , 37 , 41 , 74 , 78 and 79 commence on the day proclaimed under subsection (3).

(8)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.   Interpretation

(1)  In this Act, unless the contrary intention appears –

conservation area has the same meaning as in the National Parks and Wildlife Act 1970 ;

forest reserve has the same meaning as in the Forestry Act 1920 ;

former Act means –

(a) in Division 1 of Part 2 , the Forestry Act 1920 as in force immediately before the commencement of section 30; and

(b) in Division 2 of Part 2 and Schedule 5 , the Crown Lands Act 1976 as in force immediately before the commencement of Part 5; and

(c) in Division 3 of Part 2 , the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73;

game reserve has the same meaning as in the National Parks and Wildlife Act 1970 ;

historic site has the same meaning as in the National Parks and Wildlife Act 1970 ;

national park has the same meaning as in the National Parks and Wildlife Act 1970 ;

nature recreation area has the same meaning as in the National Parks and Wildlife Act 1970 ;

nature reserve has the same meaning as in the National Parks and Wildlife Act 1970 ;

private land has the same meaning as in the National Parks and Wildlife Act 1970 ;

private sanctuary has the same meaning as in the National Parks and Wildlife Act 1970 ;

public reserve has the same meaning as in the Crown Lands Act 1976 ;

Regional Forest Agreement means the agreement made on 8 November 1997 between the State of Tasmania and the Commonwealth of Australia relating to the management and use of Tasmanian forests;

Register of Multiple Use Forest Land has the same meaning as in the Forestry Act 1920 ;

reserved land has the same meaning as in the National Parks and Wildlife Act 1970 ;

State forest has the same meaning as in the Forestry Act 1920 ;

State reserve has the same meaning as in the National Parks and Wildlife Act 1970 .

(2)  Except as otherwise provided in this Act, a reference to the Forestry Act 1920 , the Crown Lands Act 1976 or the National Parks and Wildlife Act 1970 is a reference to that Act as amended by Part 4, 5 or 6.

(3)  In Division 3 of Part 2  –

(a) where the words

a conservation area are used, those words refer to a conservation area within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and

(b) where the words

a State reserve are used, those words refer to a State reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and

(c) where the words

a game reserve are used, those words refer to a game reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and

(d) where the words

a local reserve are used, those words refer to a local reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and

(e) where the words

a private reserve are used, those words refer to a private reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73.

(4)  In this Act, a reference to a plan by a number is a reference to the plan so numbered in the Central Plan Register.

PART 2 - Classification of certain land

Division 1 - Forestry Act 1920

4.   Continuation of status of certain land

Any area of land that, immediately before the commencement of this section, was State forest or a forest reserve under the former Act continues as such until or unless –

(a) its dedication as State forest or a forest reserve is revoked under this Act or the Forestry Act 1920 ; or

(b) it ceases, under this Act or the Forestry Act 1920 , to be State forest or a forest reserve.

5.   Dedication of forest reserves revoked

The dedication as a forest reserve of all land, the approximate areas of which are specified in Column 2 of Schedule 1 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is revoked.

6.   Cessation of certain land as State forest

(1)  The dedication as a forest reserve of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.

(2)  Notwithstanding section 14(2) of the Forestry Act 1920 , the dedication as State forest of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.

(3)  Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that became State forest, other than by dedication as such under the Forestry Act 1920 , ceases to be State forest.

(4)  Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Multiple Use Forest Land under the former Act is deleted from that Register.

7.   Certain land to be entered in Register of Multiple Use Forest Land

(1)  The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 3 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.

(2)  All land, the approximate areas of which are specified in Column 2 of Schedule 3 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is entered in the Register of Multiple Use Forest Land and is taken to have been so entered under the Forestry Act 1920 .

8.   Dedication of forest reserves

(1)  The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.

(2)  Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Multiple Use Forest Land under the former Act is deleted from that Register.

(3)  Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was not State forest under the former Act is dedicated under this Act as State forest.

(4)  All land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is dedicated as a forest reserve and is taken to have been so dedicated under the Forestry Act 1920 .

(5)  The Mineral Resources Development Act 1995 applies to all land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule.

Division 2 - Crown Lands Act 1976

9.   Revocation of reserves

The reservation under the former Act of any land specified in Part 1 of Schedule 5 is revoked.

10.   Reservation of public reserves

(1)  In this section,

Crown land has the same meaning as in the Crown Lands Act 1976 .

(2)  The reservation of any area of Crown land, other than the land referred to in section 9 , that, immediately before the commencement of this section was in force under the former Act, is revoked.

(3)  The following areas of Crown land are reserved to the Crown as public reserves and are taken to have been so reserved under the Crown Lands Act 1976 , unless those areas of land are State forest or reserved land:

(a) the land the reservation of which was revoked under subsection (2) ;

(b) any area of Crown land specified in Part 2 of Schedule 5 .

(4)  The Mineral Resources Development Act 1995 applies to any area of Crown land to which that Act applied immediately before the commencement of this Division that is reserved to the Crown as a public reserve under subsection (3) .

Division 3 - National Parks and Wildlife Act 1970

11.   Land ceasing to be reserved land

Any land, the approximate area of which is specified in Column 2 of Schedule 6 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –

(a) ceases to be or to form part of a conservation area; and

(b) ceases to be reserved land.

12.   Removal of status of all land under former Act

(1)  Any area of land that was a conservation area immediately before the commencement of this Division ceases to be or to form part of a conservation area.

(2)  Any area of land that was a State reserve or a game reserve immediately before the commencement of this Division –

(a) ceases to be or to form part of a conservation area; and

(b) ceases to be a State reserve or a game reserve.

(3)  Any area of land that was a private reserve or a local reserve immediately before the commencement of this Division –

(a) ceases to be or to form part of a conservation area; and

(b) ceases to be a private reserve or a local reserve.

13.   Removal of status of certain land under Forestry Act 1920

(1)  The dedication as a forest reserve of any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, is revoked.

(2)  Notwithstanding section 14(2) of the Forestry Act 1920 , the dedication as State forest of any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, is revoked.

(3)  Any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, that became State forest, other than by dedication as such under the Forestry Act 1920 , ceases to be State forest.

(4)  Any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, that was entered in the Register of Multiple Use Forest Land under the former Act is deleted from that Register.

(5)  In this section,

former Act means the Forestry Act 1920 as in force immediately before the commencement of section 30.

14.   Declaration of certain land as national park

(1)  Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "national park" –

(a) is declared to be reserved land in the class of national park and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) continues to be known by the same name.

(2)  Any land, the approximate area of which is specified in Column 2 of Schedule 7 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –

(a) is declared to be reserved land in the class of national park and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 1 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

15.   Declaration of certain land as State reserve

(1)  Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division –

(a) whose name included the expression "State reserve"  –

(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) continues to be known by the same name; or

(b) whose name included the expression "aboriginal site" –

(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(c) whose name did not include the expression "State reserve", "national park", "nature reserve", "historic site" or "aboriginal site" –

(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(d) that has not been given a name under the former Act –

(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act.

(2)  Any land, the approximate area of which is specified in Column 2 of Part 1 of Schedule 8 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Part –

(a) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

(3)  The reservation under the Crown Lands Act 1976 of the reserve specified in Column 1 of Part 2 of Schedule 8 is revoked.

(4)  The land, the approximate area of which is specified in Column 3 of Part 2 of Schedule 8 and is indicated as shown bounded by heavy black lines on the plan listed in Column 4 of that Part –

(a) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

16.   Naming of certain State reserve

The land, the approximate area of which is specified in Column 2 of Part 3 of Schedule 8 and is indicated as shown bounded by heavy black lines on the plan listed in Column 3 of that Part, is to be given the name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

17.   Declaration of certain Crown land as conservation area

(1)  In this section,

Crown land has the same meaning as in the National Parks and Wildlife Act 1970 .

(2)  Except as otherwise provided in this Division, any area of Crown land that was, or formed part of, a conservation area immediately before the commencement of this Division –

(a) whose name included the expression "conservation area" –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) continues to be known by the same name; or

(b) whose name included the expression "wildlife sanctuary" –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(c) whose name did not include either of the expressions referred to in paragraphs (a) and (b)  –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(d) that has not been given a name under the former Act –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act.

(3)  The reservation under the Crown Lands Act 1976 of any reserve specified in Column 1 of Part 1 of Schedule 9 is revoked.

(4)  Any land, the approximate area of which is specified in Column 3 of Part 1 of Schedule 9 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Part –

(a) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

(5)  Any land, the approximate area of which is specified in Column 2 of Part 2 of Schedule 9 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Part –

(a) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

18.   Declaration of certain land vested in public authority as conservation area

Except as otherwise specifically provided in this Division, any area of land vested in a public authority that was, or formed part of, a conservation area immediately before the commencement of this Division –

(a) whose name included the expression "conservation area" –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) continues to be known by the same name; or

(b) whose name did not include the expression "conservation area" –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(c) that has not been given a name under the former Act –

(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act.

19.   Declaration of certain land as nature recreation area

(1)  The reservation under the Crown Lands Act 1976 of any reserve specified in Column 1 of Schedule 10 is revoked.

(2)  Any land, the approximate area of which is specified in Column 3 of Schedule 10 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Schedule –

(a) is declared to be reserved land in the class of nature recreation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 2 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

20.   Declaration of certain land as regional reserve

Any land, the approximate area of which is specified in Column 2 of Schedule 11 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –

(a) is declared to be reserved land in the class of regional reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 1 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

21.   Declaration of certain land as nature reserve

(1)  Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "nature reserve" –

(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) continues to be known by the same name.

(2)  Any land, the approximate area of which is specified in Column 3 of Part 1 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Part, that was a State reserve immediately before the commencement of this Division –

(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

(3)  The land, the approximate area of which is specified in Column 2 of Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the plan listed in Column 3 of that Part –

(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

22.   Declaration of certain land as historic site

(1)  Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "historic site" –

(a) is declared to be reserved land in the class of historic site and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) continues to be known by the same name.

(2)  Any land, the approximate area of which is specified in Column 3 of Schedule 13 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Schedule, that was a State reserve immediately before the commencement of this Division –

(a) is declared to be reserved land in the class of historic site and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given the relevant name specified in Column 2 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .

23.   Declaration of certain land as game reserve

Except as otherwise specifically provided in this Division, any area of land that was a game reserve immediately before the commencement of this Division –

(a) whose name included the expression "game reserve" –

(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) continues to be known by the same name; or

(b) whose name did not include the expression "game reserve" –

(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act; or

(c) that has not been given a name under the former Act –

(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(ii) is to be given a name by proclamation under section 15C(1) of that Act.

24.   Declaration of certain private land as private sanctuary

Except as otherwise specifically provided in this Division, any area of private land that was, or formed part of, a conservation area immediately before the commencement of this Division –

(a) is declared to be reserved land in the class of private sanctuary and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and

(b) is to be given a name by proclamation under section 15C(1) of that Act.

25.   Application of Mineral Resources Development Act 1995

(1)  The Mineral Resources Development Act 1995 applies to all land, the approximate areas of which are specified in Column 2 of Part 2 of Schedule 9 and Schedule 11 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of Part 2 of Schedule 9 and in Schedule 11 .

(2)  The Mineral Resources Development Act 1995 applies to any land to which that Act applied immediately before the commencement of this Division, the approximate area of which is specified in Column 3 of Part 1 of Schedule 9 or Schedule 10 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of Part 1 of Schedule 9 or Schedule 10 .

PART 3 - Miscellaneous

26.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(3)  A provision referred to in subsection (2) may, if the regulations so provide, take effect from the commencement of any provision of this Act or a later day.

27.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act, except Divisions 2 and 3 of Part 2 , is assigned to the Minister for Infrastructure, Energy and Resources, and the Department responsible to that Minister in relation to the administration of this Act, except those Divisions, is Forestry Tasmania; and

(b) the administration of Divisions 2 and 3 of Part 2 is assigned to the Minister for Primary Industries, Water and Environment and the Department responsible to that Minister in relation to the administration of those Divisions is the Department of Primary Industries, Water and Environment.

28.   Transitional provisions

(1)  Any lease, occupation permit or easement in existence in relation to land that was State forest immediately before that land ceased to be State forest or its dedication as such was revoked under Part 2 remains in force until it is discharged or terminated.

(2)  Any lease, occupation permit or easement referred to in subsection (1) is to be administered by the responsible Department in relation to the National Parks and Wildlife Act 1970 .

(3)  Any lease, licence or temporary licence granted under the Crown Lands Act 1976 and in existence immediately before the commencement of Division 2 of Part 2 continues to have effect as if this Act had not been enacted.

(4)  Any contract for the sale of Crown land entered into by the Minister under the Crown Lands Act 1976 and not discharged or otherwise terminated before the commencement of Division 2 of Part 2 continues to have effect as if this Act had not been enacted.

PART 4 - Forestry Act 1920 Amended

29.   Principal Act

In this Part, the Forestry Act 1920 is referred to as the Principal Act.

30.    Section 4 amended (Interpretation)

Section 4(1) of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of apiary permit :

biological diversity means the variety of –

(a) plants, animals and micro-organisms; and

(b) the genes contained in plants, animals and micro-organisms; and

(c) the ecosystems of which plants, animals and micro-organisms form part;

(b) by omitting the definition of deferred forest land ;

(c) by omitting the definition of Forests and Forest Industry Guidelines ;

(d) by inserting the following definition after the definition of functions :

geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes;

(e) by omitting the definition of Register of Deferred Forest Land .

31.    Section 4 amended (Interpretation)

Section 4(1) of the Principal Act is amended by omitting the definition of conservation area .

32.    Section 5 substituted

Section 5 of the Principal Act is repealed and the following section is substituted:

5.   Act not to apply to certain land

This Act does not apply to Crown land that is reserved land within the meaning of the National Parks and Wildlife Act 1970 .

33.    Section 5 substituted

Section 5 of the Principal Act is repealed and the following section is substituted:

5.   Act not to apply to certain land

(1)  This Act does not apply to Crown land that is reserved land within the meaning of the National Parks and Wildlife Act 1970 .

(2)  This Act does not apply to Crown land that is reserved as a public reserve under the Crown Lands Act 1976 .

34.    Section 10 amended (Additional functions and powers)

Section 10(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) "and the Register of Deferred Forest Land under section 17A ";

(b) by omitting from paragraph (d) "and deferred forest land in State forest".

35.    Section 14 amended (Dedication of State forests)

Section 14(1) of the Principal Act is amended by omitting "including deferred forest land".

36.    Section 14 amended (Dedication of State forests)

Section 14 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  The Governor may, by proclamation, dedicate as State forest any Crown land other than reserved land within the meaning of the National Parks and Wildlife Act 1970 .

(b) by omitting subsection (3) .

37.    Section 14 amended (Dedication of State forests)

Section 14 of the Principal Act is amended by inserting after subsection (1) the following subsection:

(1A)  The Governor may, by proclamation, dedicate as State forest any Crown land other than Crown land reserved as a public reserve under the Crown Lands Act 1976 .

38.    Section 15 amended (Revocation of dedication of State forest)

Section 15(3)(b) of the Principal Act is amended as follows:

(a) by omitting from subparagraph (iv) "forest –" and substituting "forest.";

(b) by omitting "or the land is deferred forest land and the reference included an instruction to that Commission that it apply the Forests and Forest Industry Guidelines in making its recommendation.".

39.    Section 17 amended (Register of Multiple Use Forest Land)

Section 17(15) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "reserve;" and substituting "reserve.";

(b) by omitting paragraph (c) .

40.    Section 17 amended (Register of Multiple Use Forest Land)

Section 17 of the Principal Act is amended as follows:

(a) by omitting subsection (15) and substituting the following subsection:

(15)  The following land is not capable of being entered in the register:

(a) Crown land that is reserved land within the meaning of the National Parks and Wildlife Act 1970 ;

(b) land that is dedicated as a forest reserve.

(b) by omitting subsection (16) ;

(c) by omitting subsection (17) and substituting the following subsection:

(17)  Multiple use forest land is not capable of being reserved under the National Parks and Wildlife Act 1970.

41.    Section 17 amended (Register of Multiple Use Forest Land)

Section 17 of the Principal Act is amended as follows:

(a) by omitting subsection (15) and substituting the following subsection:

(15)  The following land is not capable of being entered in the register:

(a) Crown land that is reserved land within the meaning of the National Parks and Wildlife Act 1970 ;

(b) Crown land that is reserved as a public reserve under the Crown Lands Act 1976 ;

(c) land that is dedicated as a forest reserve.

(b) by omitting subsection (17) and substituting the following subsection:

(17)  Multiple use forest land is not capable of being reserved under –

(a) the National Parks and Wildlife Act 1970 ; or

(b) the Crown Lands Act 1976 .

42.    Section 17A repealed

Section 17A of the Principal Act is repealed.

43.    Sections 18 and 19 amended

Sections 18 and 19 of the Principal Act are repealed and the following sections are substituted:

18.   Proclamations may be combined

A proclamation made under a provision of this Act may be combined with a proclamation made under any other provision of this Act.

19.   Register to be available for public inspection

The corporation must, at all reasonable times and free of charge, make the Register of Multiple Use Forest Land available for public inspection at its main office.

44.    Section 20 amended (Forest reserves)

Section 20 of the Principal Act is amended by inserting after subsection (2C) the following subsection:

(2D)  The corporation must manage land that is dedicated as a forest reserve under this section having regard to the management objectives specified in Schedule 3 .

45.    Section 20 amended (Forest reserves)

Section 20 of the Principal Act is amended by omitting subsection (5) .

46.    Section 20AA amended (Minor alterations to boundaries)

Section 20AA(1) of the Principal Act is amended as follows:

(a) by omitting paragraph (b) ;

(b) by omitting from paragraph (c) " paragraph (a) or (b) " and substituting "paragraph (a)".

47.    Section 20A amended (Plans to be lodged in Central Plan Office, &c.)

Section 20A(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) "; and" and substituting " –";

(b) by omitting paragraph (d) .

48.    Section 22A amended (Interpretation)

Section 22A of the Principal Act is amended by omitting the definitions of Council and Director .

49.    Section 22B amended (Corporation may prepare forest management plans)

Section 22B(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) "right; and" and substituting "right.";

(b) by omitting paragraph (d) .

50.    Section 22C amended (Forest management plans)

Section 22C(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) "force." and substituting "force; and";

(b) by inserting the following paragraph after paragraph (c) :

(d) indicate the means by which the management objectives specified in Schedule 3 are to be achieved for any forest reserve to which the plan applies.

51.    Section 22H repealed

Section 22H of the Principal Act is repealed.

52.    Section 22J amended (Amendment of forest management plans)

Section 22J of the Principal Act is amended by omitting subsection (11) .

53.    Schedule 1 repealed

Schedule 1 to the Principal Act is repealed.

54.    Schedule 3 inserted

After Schedule 2 to the Principal Act , the following Schedule is inserted:

SCHEDULE 3 - Objectives for management of forest reserves

Sections 20(2D) and 22C

1.   The objectives for the management of forest reserves are as follows:

(a) to conserve natural biological diversity;

(b) to conserve geological diversity;

(c) to preserve the quality of water and protect catchments;

(d) to conserve sites or areas of cultural significance;

(e) to encourage education based on the reserve's purpose and significance;

(f) to encourage research, particularly that which furthers the purpose of reservation;

(g) to protect the reserve against, and rehabilitate the reserve following, adverse impacts of fire, introduced species, diseases and soil erosion on the reserve's natural and cultural values and on assets within and adjacent to the reserve;

(h) to encourage appropriate tourism, recreational use and enjoyment;

(i) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the reserve's purpose and other reserve management objectives;

(j) to provide for the controlled use of natural resources;

(k) to provide for exploration activities and utilisation of mineral resources;

(l) to provide for the taking on an ecologically sustainable basis of designated game species for commercial and private purposes.

PART 5 - Crown Lands Act 1976 Amended

55.   Principal Act

In this Part, the Crown Lands Act 1976 is referred to as the Principal Act.

56.    Section 2 amended (Interpretation)

Section 2 of the Principal Act is amended as follows:

(a) by inserting the following definition before the definition of assigned land :

Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;

(b) by inserting the following definitions after the definition of assigned land :

biological diversity means the variety of –

(a) plants, animals and micro-organisms; and

(b) the genes contained in plants, animals and micro-organisms; and

(c) the ecosystems of which plants, animals and micro-organisms form part;

Conservation Management Trust means a Conservation Management Trust established under section 12I ;

(c) by inserting the following definition after the definition of Director-General :

geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes;

(d) by inserting the following definition after the definition of improvements :

land includes land covered by the sea or other waters, and the part of the sea or those waters covering that land;

(e) by inserting the following definitions after the definition of Land Valuation Court :

management plan has the meaning assigned to that expression by section 12C(5) ;

managing authority, in relation to any Crown land reserved as a public reserve, means the managing authority for that land pursuant to section 12G ;

(f) by inserting the following definitions after the definition of mining right :

Panel means the Inter-Agency Assessment Panel established under section 12A;

prescribed body means –

(a) a public authority having jurisdiction over the locality in which the Crown land reserved as a public reserve is located; or

(b) a body corporate –

(i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and

(ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority; or

(c) a Conservation Management Trust;

public authority has the same meaning as in the National Parks and Wildlife Act 1970 ;

public reserve means Crown land that has been reserved to the Crown as a public reserve under section 8 ;

purposes of reservation, in relation to any Crown land reserved as a public reserve, means the purposes for which that land was reserved;

resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 3 ;

(g) by omitting "production." from the definition of rural land and substituting "production;";

(h) by inserting the following definitions after the definition of rural land :

statutory power has the same meaning as in the National Parks and Wildlife Act 1970 ;

works includes the following:

(a) any change to the natural or existing condition or topography of land;

(b) any building work within the meaning of the Local Government (Building and Miscellaneous Provisions) Act 1993 ;

(c) any other works the Governor, by proclamation, declares to be works for the purposes of this Act.

57.    Section 2A inserted

After section 2 of the Principal Act , the following section is inserted in Part I:

2A.   Act not to apply to certain land

This Act does not apply to any Crown land that is –

(a) reserved land within the meaning of the National Parks and Wildlife Act 1970 ; or

(b) State forest within the meaning of the Forestry Act 1920 .

58.    Section 3 substituted

Section 3 of the Principal Act is repealed and the following sections are substituted:

3.   Powers of management and sale of Crown land vested in Minister

Subject to this Act, the Minister has power to reserve, set aside, manage, lease, license and transfer or otherwise dispose of Crown land.

3A.   Compliance with resource management and planning system objectives

(1)  In exercising any powers or performing any functions under this Act in relation to any Crown land that is reserved as a public reserve, a person must have regard to the resource management and planning system objectives.

(2)  In the case of a public reserve for which there is a management plan, if there is any inconsistency between the resource management and planning system objectives and the provisions of the management plan, the provisions of the management plan prevail.

(3)  In the case of a public reserve for which there is not a management plan, if there is any inconsistency between the resource management and planning system objectives and the management objectives specified in Schedule 4 or the purposes for which that land was reserved, the latter objectives and the purposes prevail.

59.    Section 8 amended (Purposes for which land may be reserved)

Section 8 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "for –" and substituting "as a public reserve –";

(b) by omitting paragraphs (a) , (b) , (c) , (d) , (e) , (f) , (g) , (h) and (i) from subsection (1) and substituting the following paragraphs:

(a) if the land possesses any of the values specified in Column 2 of Schedule 5 ; and

(b) for any of the purposes specified in Column 3 of Schedule 5 .

(c) by omitting subsection (2) .

60.    Section 9 repealed

Section 9 of the Principal Act is repealed.

61.    Section 10 amended (Power to revoke certain reservations)

Section 10(1) of the Principal Act is amended as follows:

(a) by omitting "reserved for" and substituting "reserved as a public reserve for the purpose of the creation and use of";

(b) by omitting "communications," and substituting "communications";

(c) by omitting "the purpose for which it was reserved" and substituting "that purpose".

62.    Section 11 amended (Bailiffs of Crown lands)

Section 11(1) of the Principal Act is amended by inserting "or a ranger, within the meaning of the National Parks and Wildlife Act 1970 ," after "officer".

63.    Parts IIA and IIB inserted

After section 12 of the Principal Act , the following Parts are inserted:

PART IIA - Assessment of values of Crown land

12A.   Inter-Agency Assessment Panel

(1)  The Director-General may establish an Inter-Agency Assessment Panel for the purpose of advising the Minister and the Director-General on cultural, natural or other environmental values of public reserves and on any other matters relating to public reserves that the Minister considers necessary.

(2)  The Panel is to consist of such persons as the Director-General considers necessary appointed by the Director-General on such terms and conditions as the Director-General determines.

(3)  The Director-General is to –

(a) appoint one of the members to be the chairperson of the Panel; and

(b) fix the number of members who are to constitute a quorum of the Panel.

(4)  The procedure for the calling of meetings of the Panel is to be determined by the Director-General.

(5)  The procedure for the conduct of business at meetings of the Panel is to be determined by the Panel.

12B.   Assessment process

(1)  Before leasing any Crown land reserved as a public reserve or granting a licence or temporary licence relating to any Crown land reserved as a public reserve or revoking an order by which any Crown land was reserved as a public reserve, the Director-General is to request the Panel –

(a) to prepare a report identifying the biophysical, natural, cultural or economic values of the land; and

(b) to consider the effect of –

(i) the leasing or granting of a licence in respect of the land; or

(ii) the revocation of the order by which that land was reserved as a public reserve; and

(c) to forward its report to the Director-General.

(2)  The Panel must comply with the request from the Director-General within 28 days of receiving that request.

(3)  If, after considering the report of the Panel, the Director-General is satisfied that –

(a) any public interest issues relating to the identification of the biophysical, natural, cultural or economic values of the land have been considered by the Panel; and

(b) regard has been had to the resource management and planning system objectives –

the Director-General is to certify to the Minister that any public interest issues have been considered and that regard has been had to the resource management and planning system objectives and is to recommend to the Minister that the lease, licence or temporary licence of the land be granted or that the order be revoked.

(4)  If the Director-General recommends to the Minister that the lease, licence or temporary licence be granted or that the order be revoked, the Minister may grant the lease, licence or temporary licence or revoke the order.

(5)  If the Director-General is not satisfied that –

(a) any public interest issues relating to the identification of the biophysical, natural, cultural or economic values of the land have been considered by the Panel; and

(b) regard has been had to the resource management and planning system objectives –

but is of the opinion that the lease, licence or temporary licence be granted or the order be revoked, the Director-General must apply to the Resource Planning and Development Commission for an order determining whether the lease, licence or temporary licence should be granted or whether the order should be revoked.

(6)  The Resource Planning and Development Commission must make an order within 28 days of receipt of the application and must notify the Director-General of that order.

(7)  If the Resource Planning and Development Commission makes an order determining that the lease, licence or temporary licence be granted or that the order be revoked, the Director-General is to notify the Minister of the order of the Commission.

(8)  On receipt of notification under subsection (7) , the Minister may grant the lease, licence or temporary licence or revoke the order.

(9)  If the Resource Planning and Development Commission makes an order determining that the lease, licence or temporary licence not be granted or that the order not be revoked, the Director-General is to notify the Minister of the order of the Commission.

PART IIB - Management of public reserves

12C.   Management plans

(1)  The Governor, on the recommendation of the Minister, may approve plans for the protection, use, development and management of any Crown land reserved as a public reserve.

(2)  A plan approved under this section may be a plan that in whole or in part rescinds, replaces or alters any plan previously approved under this section.

(3)  A plan approved under this section may relate to –

(a) all Crown land reserved as a public reserve; or

(b) a specified public reserve; or

(c) a specified part of any public reserve; or

(d) a specified group of public reserves.

(4)  If a management plan (the "specific plan") is approved for any public reserve or part of a public reserve that is within a specified group of public reserves for which there is a management plan (the "general plan") or if a management plan has been approved in relation to all Crown land reserved as a public reserve (the "general plan"), the provisions of the specific plan prevail over the provisions of the general plan to the extent of any inconsistency.

(5)  The plans approved under this section and for the time being in force in respect of any Crown land reserved as a public reserve are in this Act referred to as the management plan for that land.

12D.   Formulation of management plans

(1)  The Director-General is to cause to be prepared, with a view to their submission to the Governor by the Minister, the plans referred to in section 12C .

(2)  In preparing a management plan for any Crown land reserved as a public reserve, the Director-General is to have regard to the purposes specified in Column 3 of Schedule 5 and the management objectives specified in Schedule 4 .

(3)  The Governor is not to approve a plan under section 12C unless it is submitted in accordance with this section.

(4)  If the Director-General considers that an Act administered in or by an agency or State authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on –

(a) the responsible officer of the agency or State authority; or

(b) a person employed in the agency or employed by or in the State authority (not being the responsible officer of the agency or State authority); or

(c) the State authority, in the case of an Act administered in or by the State authority; or

(d) the Minister responsible for the administration of the agency or State authority –

the Director-General must, by written notice given to the responsible officer of the agency or State authority, request that officer to provide the Director-General with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving reasons for making the representations.

(5)  For the purposes of subsection (4) ,

responsible officer means –

(a) in relation to an agency, the Head of that agency; and

(b) in relation to a State authority, the president, chairperson or other principal or presiding member of the State authority or, if the State authority comprises a single person, that person.

(6)  If the Director-General considers that –

(a) a private right to take water; or

(b) any land within a municipal area –

will, or may, be affected by a management plan, it must consult with the holder of that private right or with the council of that municipal area.

(7)  The Director-General, in a notice given for the purposes of subsection (4) , may specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given, within which the Director-General is to be provided with representations for the purposes of that subsection.

(8)  A notice given for the purposes of subsection (4) may be sent by post or delivered personally to the person to whom it is directed.

(9)  Before a plan is submitted to the Governor for approval under section 12C , the Minister is to cause to be published in a daily newspaper circulating within the State a notice –

(a) stating that it is proposed to submit a plan in respect of Crown land that is reserved as a public reserve to the Governor for approval; and

(b) specifying the place at which the plan may be inspected and copies obtained; and

(c) stating that representations with respect to the plan may be made to the Minister before a date specified in the notice, not being earlier than 30 days after the publication of the notice.

(10)  If a notice has been published in respect of a plan under subsection (9) , the Director-General, on the payment of any charge the Minister may fix, is to provide a copy of that plan to any person requesting the plan.

(11)  Subject to subsections (13) and (14) , the Minister is to submit a plan to the Governor for approval after the Minister has considered any representations with respect to the plan made to him or her by any person in response to a notice under subsection (9) .

(12)  In considering any representations made to the Minister in respect of a management plan for any Crown land reserved as a public reserve, or in altering any management plan, the Minister is to have regard to the purposes specified in Column 3 of Schedule 5 and the management objectives specified in Schedule 4 .

(13)  A plan submitted for the Governor's approval under section 12C may be an unaltered plan or a plan containing such alterations as, subject to subsection (14) , the Minister thinks desirable, having regard to the representations referred to in subsection (11) .

(14)  The Minister must not make alterations to a plan, being alterations that will affect a restriction on the exercise of a statutory power included in that plan, unless the Minister has consulted the Minister administering the Act under which that statutory power is exercised.

12E.   Contents of management plans

(1)  A management plan for any Crown land reserved as a public reserve –

(a) may indicate the manner in which the powers of the Director-General or other managing authority for that land are to be exercised in relation to that land; and

(b) may prohibit or restrict, in relation to that land or any part of that land, the exercise of those powers; and

(c) may contain any other provisions that are authorised by this Act to be contained in the plan; and

(d) is to specify any or all of the purposes specified in Column 3 of Schedule 5 as the purposes for which that land was reserved as a public reserve; and

(e) is to specify any or all of the management objectives specified in Schedule 4 as the objectives for which that land is to be managed; and

(f) may specify any condition that applies to the application of any objective referred to in paragraph (e) specified in the management plan; and

(g) is to specify the manner in which the objectives referred to in paragraph (e) specified in the management plan are to be achieved.

(2)  A management plan for any Crown land reserved as a public reserve may prohibit or restrict the exercise in relation to that land of any statutory powers.

(3)  Any restriction imposed under this section on the exercise of a statutory power may be a restriction specifying the conditions subject to which it may be exercised, or the circumstances in which it may or may not be exercised.

(4)  Any condition imposed under this section on the exercise of a statutory power may be a condition requiring the carrying out, or designed to facilitate or promote the carrying out, of works and other operations during or after the exercise of that power, or requiring the entering into of contracts or the making of any other arrangements designed to secure the carrying out of those works or operations.

12F.   Notification and taking effect of management plans

(1)  The Minister, as soon as possible after the Governor has approved a management plan, is to cause notice of the approval of the plan to be published in the Gazette.

(2)  A management plan takes effect on the seventh day after the date of notice of its approval has been published as required by subsection (1) .

(3)  If notice of the approval of a management plan has been published under subsection (1) , the Director-General –

(a) on the request of any person and without payment of a fee, is to permit that person to inspect the plan; and

(b) if it is practicable, on the request of any person and on payment by that person of any charge that the Minister fixes, is to provide that person with a copy of the plan.

12G.   Managing authorities for public reserves

(1)  Subject to the orders made under this section, the Director-General is the managing authority for all Crown land reserved as a public reserve.

(2)  The Governor may, by order made with the consent of a prescribed body, declare that body to be the managing authority for any Crown land reserved as a public reserve.

(3)  A prescribed body may only be appointed as a managing authority in respect of Crown land reserved as a public reserve for which there is a management plan.

(4)  An order under this section in respect of any Crown land reserved as a public reserve may make provision with respect to –

(a) the defraying of the expenses incurred under this Act in relation to that land; and

(b) the application of any moneys received under this Act by way of rents, charges, or otherwise, in respect of the land –

and the provisions of this Act and of any enactment relating to any public authority that is the owner of, or the managing authority for, that land or in whom that land is vested have effect subject to the provisions of the order.

(5)  An order under this section may be revoked or varied by a further order of the Governor.

(6)  Notwithstanding anything in this section, the Governor may, by order, declare that, on such date as may be specified in the order, any order under this section by which the Director-General or a prescribed body is the managing authority for any Crown land reserved as a public reserve ceases to have effect and, on that date, the Director-General or the prescribed body, as the case may be, ceases to be the managing authority for that land.

12H.   Functions of managing authority in relation to public reserves

(1)  Subject to this Act, the managing authority for any Crown land reserved as a public reserve –

(a) for which there is a management plan is to manage that land in accordance with that management plan; or

(b) for which there is not a management plan is to manage that land –

(i) in a manner that is consistent with the purposes for which the land was reserved as a public reserve; and

(ii) having regard to the management objectives specified in Schedule 4 .

(2)  For the purpose of discharging its functions in relation to any Crown land reserved as a public reserve, a managing authority may do, or arrange for the doing of, such things as it considers necessary, including the erection or construction of any works and the purchase or other acquisition of any articles or other things.

(3)  Without prejudice to the generality of subsections (1) and (2) , the powers conferred by those subsections are taken to include power to –

(a) provide and maintain facilities and conveniences for the use or benefit of persons resorting to Crown land reserved as a public reserve, and charge for the use of those facilities or conveniences; and

(b) sell or let on hire to, or otherwise provide for the use of, those persons, goods and other articles and things; and

(c) obtain and use for the purpose of the exercise of its powers under this section any produce of, or materials in, Crown land reserved as a public reserve; and

(d) make arrangements with any other person for the doing of anything referred to in paragraph (a) , (b) or (c) .

(4)  The arrangements referred to in subsection (3)(d) may be arrangements pursuant to which any person has the right or obligation to do any of the things referred to in that subsection, and those arrangements may provide for the furnishing of consideration in respect of the giving of that right or the imposition of that obligation.

12I.   Establishment of Conservation Management Trust

(1)  The Minister, by written instrument, may establish a Conservation Management Trust to be the managing authority for any public reserve for which there is a management plan.

(2)  The instrument establishing a Conservation Management Trust is to specify the public reserve in respect of which the Trust is the managing authority.

12J.   Functions of Conservation Management Trust

(1)  The function of a Conservation Management Trust is to manage the land in respect of which it is the managing authority in accordance with the provisions of the management plan for that land.

(2)  The instrument establishing a Conservation Management Trust –

(a) is to specify the functions of the Conservation Management Trust; and

(b) may specify any other matter that the Minister considers necessary.

12K.   Membership of Conservation Management Trust

(1)  A Conservation Management Trust is to consist of any of the following persons appointed by the Minister:

(a) a person nominated by a council or the councils with jurisdiction in the locality where the public reserve is situated;

(b) a person nominated by a Landcare, Bushcare or similar group constituted under the authority of a council or the councils with jurisdiction in the locality where the public reserve is situated;

(c) a person nominated by a body that provides facilities or services to tourists;

(d) a person nominated by a group whose objectives or purposes in the opinion of the Minister are conservation objectives or purposes;

(e) a person nominated by a group whose objectives or purposes in the opinion of the Minister are recreational objectives or purposes;

(f) a person nominated by the Aboriginal Land Council of Tasmania;

(g) the Director-General or a person nominated by the Director-General;

(h) a person nominated by any other group or body that, in the opinion of the Minister, is likely to contribute beneficially to the management of the public reserve.

(2)  The Minister is to appoint one of the persons referred to in subsection (1) as chairperson of the Trust.

(3)  Schedule 6 has effect with respect to the membership and meetings of the Trust.

12L.   Revocation of establishment of Conservation Management Trust

(1)  The Minister may revoke the establishment of a Conservation Management Trust for any reason that the Minister considers necessary by serving a notice to that effect on each of the members of the Trust.

(2)  On or after the revocation of the establishment of a Conservation Management Trust, the Minister may give directions as to –

(a) the disposition of any accounts of the Trust; and

(b) the transfer of any liabilities of the Trust.

64.    Section 29A inserted

After section 29 of the Principal Act , the following section is inserted in Division 1:

29A.   Additional provisions for lease of public reserve

(1)  The Minister must not lease any Crown land reserved as a public reserve for which there is a management plan unless the Minister is satisfied that the management, protection, use and development of that land under the lease –

(a) will be in accordance with the management plan; and

(b) will be consistent with the resource management and planning system objectives.

(2)  The Minister must not lease any Crown land reserved as a public reserve for which there is not a management plan unless the Minister is satisfied that the protection, use and development of that land under the lease will be consistent with –

(a) the purposes for which that land was reserved as a public reserve; and

(b) the management objectives specified in Schedule 4 ; and

(c) the resource management and planning system objectives.

65.    Section 40 amended (Licences to remove gravel and stone, &c.)

Section 40 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:

(1)  The Minister may grant to any person a licence to remove natural materials from any Crown land, or for any other purpose that the Minister thinks fit, on such terms and conditions as the Minister may specify.

(2)  The Minister must not grant a licence in respect of any Crown land reserved as a public reserve for which there is a management plan unless the Minister is satisfied that the protection, use and development of that land under the licence –

(a) will be in accordance with the management plan; and

(b) will be consistent with the resource management and planning system objectives.

(3)  The Minister must not grant a licence in respect of any Crown land reserved as a public reserve for which there is not a management plan unless the Minister is satisfied that the protection, use and development of that land under the licence will be consistent with –

(a) the purposes for which that land was reserved as a public reserve; and

(b) the management objectives specified in Schedule 4 ; and

(c) the resource management and planning system objectives.

66.    Section 42 amended (Temporary licences)

Section 42 of the Principal Act is amended by inserting after subsection (5) the following subsections:

(6)  The Minister must not grant a temporary licence in respect of any Crown land reserved as a public reserve for which there is a management plan unless the Minister is satisfied that the management and use of that land under the licence –

(a) will be in accordance with the management plan; and

(b) will be consistent with the resource management and planning system objectives.

(7)  The Minister must not grant a temporary licence in respect of any Crown land reserved as a public reserve for which there is not a management plan unless the Minister is satisfied that the management and use of that land under the licence will be consistent with –

(a) the purposes for which that land was reserved as a public reserve; and

(b) the management objectives specified in Schedule 4 ; and

(c) the resource management and planning system objectives.

67.    Section 48B amended (Crown Lands Administration Fund)

Section 48B(3) of the Principal Act is amended by inserting after paragraph (c) the following paragraph:

(ca) the assessment of public reserves; and

68.    Section 51 substituted

Section 51 of the Principal Act is repealed and the following section is substituted:

51.   Acquisition of land

(1)  The Minister may purchase, acquire and take, under the provisions of the Land Acquisition Act 1993 or any other Act providing generally for the acquisition of land for public purposes, land –

(a) that possesses any of the values specified in Column 2 of Schedule 5 for any of the purposes specified in Column 3 of Schedule 5 ; or

(b) for any other purpose that the Minister considers necessary.

(2)  Any land purchased, acquired or taken under subsection (1)(a) is taken to have been reserved to the Crown as a public reserve under section 8 .

69.    Section 63 amended (Powers with respect to land acquired under the Land Acquisition Act 1993 )

Section 63(1) of the Principal Act is amended by inserting "as a public reserve" after "reserved".

70.    Section 69 amended (Regulations with respect to the management, &c., of Crown lands)

Section 69 of the Principal Act is amended as follows:

(a) by omitting "may prescribe –" and substituting "may –";

(b) by omitting paragraph (a) and substituting the following paragraphs:

(a) prescribe matters that relate to the protection, management, use and development of –

(i) Crown land that is not a public reserve and the care and control of which is not by law vested in some local body; and

(ii) public reserves for which the Director-General is the managing authority;

(ab) prescribe matters relating to the management of public reserves by a managing authority;

(ac) make provision for or with respect to any purposes specified in Column 3 of Schedule 5 or any management objective specified in Schedule 4 ;

(ad) prescribe matters relating to the preservation of good order and decency in or on Crown land or public reserves;

(c) by omitting from paragraph (b) "conditions" and substituting "prescribe conditions";

(d) by omitting from paragraph (c) "the" first occurring and substituting "prescribe the";

(e) by omitting from paragraph (d) "fines" and substituting "prescribe fines";

(f) by omitting from paragraph (e) "conditions" and substituting "prescribe conditions";

(g) by omitting from paragraph (e) "foreshore reservation, land occupied by or on behalf of the Crown, and".

71.    Schedules 3 , 4 , 5 and 6 inserted

After Schedule 2 to the Principal Act , the following Schedules are inserted:

SCHEDULE 3 - Objectives of the Resource Management and Planning System of Tasmania

Section 2

1.   The objectives of the resource management and planning system of Tasmania are –

(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and

(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and

(c) to encourage public involvement in resource management and planning; and

(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and

(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

2.   In item 1(a) ,

sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

SCHEDULE 4 - Objectives for management of public reserves

Sections 3A , 12D , 12E , 12H , 29A , 40 and 42

	Column 1	Column 2
	Reserve	Management objectives
1.	Public reserve	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage education based on the purposes of reservation and the significance of the public reserve;
		(f) to encourage research, particularly that which furthers the purposes of reservation;
		(g) to protect the public reserve against, and rehabilitate the public reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the public reserve's natural and cultural values and on assets within and adjacent to the public reserve;
		(h) to encourage tourism, recreational use and enjoyment consistent with the conservation of the area's natural and cultural values;
		(i) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives;
		(j) to provide for the taking, on an ecologically sustainable basis, of designated game species for commercial or private purposes, or both;
		(k) to provide for the controlled use of natural resources;
		(l) to provide for exploration activities and utilisation of mineral resources;
		(m) to allow for private, commercial or industrial uses.

SCHEDULE 5 - Purposes of reservation

Sections 8 , 12D , 12E, 51 and 69

	Column 1	Column 2	Column 3
	Reserve	Values of land	Purposes of reservation
1.	Public reserve	An area of Crown land that contains biophysical, natural, cultural or economic values.	The protection and maintenance of any natural, cultural or economic values of the area of land.
			The conservation of the natural biological diversity or geological diversity of the area of land, or both.
			Public recreation, education, scientific research and tourism consistent with conserving the values of the area of land.
			The sustainable development and use of the natural resources of that area of land while protecting and maintaining the values of that area of land.
			The creation and use of public roads or streets, or other internal communications, whether by land or water.

SCHEDULE 6 - Provisions with respect to membership and meetings of a Conservation Management Trust

Section 12K

1.   Interpretation

In this Schedule,

Trust means a Conservation Management Trust established under section 12I .

2.   Terms and conditions of office of members of Trust

(1) A member of a Trust –

(a) is to be appointed for such period as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and

(b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and

(c) may at any time resign his or her office by notice in writing addressed and delivered to the Minister.

(2) The terms and conditions of office of a member of a Trust, with respect to matters not provided for in this Schedule, are as determined by the Minister.

3.   Change of name of body which member of Trust represents

If the body referred to in section 12K(1)(f) changes its name to another name or ceases to exist under the name referred to in that paragraph, the Minister may, by order, amend that paragraph –

(a) by substituting for the name of the body that other name; or

(b) by substituting for the name of that body the name of some other body which he or she is satisfied represents substantially the same interests as those represented by the first-mentioned body.

4.   Appointment of substitute to act during absence of member of Trust

If a member of a Trust is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member of the Trust to act in the place of that member during that period.

5.   Convening of meetings

Meetings of a Trust may be convened by the chairperson of the Trust or by any 2 or more members of the Trust.

6.   Quorum

Five members of a Trust constitute a quorum of the Trust.

7.   Presiding at meetings

(1) The chairperson of a Trust is to preside at all meetings of the Trust at which he or she is present.

(2) If the chairperson of a Trust is not present at a meeting of the Trust, a member of the Trust elected by the members present is to preside at that meeting.

8.   Decision of meeting

A decision carried by a majority of the votes of the members present at a meeting of a Trust is to be a decision of the Trust.

9.   Power of Trust to regulate its own procedure

Subject to this Schedule, the procedure for the calling of meetings of a Trust and for the conduct of business at those meetings is to be as determined by the Trust.

PART 6 - National Parks and Wildlife Act 1970 Amended

72.   Principal Act

In this Part, the National Parks and Wildlife Act 1970 is referred to as the Principal Act.

73.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of aboriginal relic in subsection (1) :

Appeal Tribunal means the Resource Management and Planning Appeal Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;

(b) by inserting the following definition after the definition of authorized officer in subsection (1) :

biological diversity means the variety of –

(a) plants, animals and micro-organisms; and

(b) the genes contained in plants, animals and micro-organisms; and

(c) the ecosystems of which plants, animals and micro-organisms form part;

(c) by omitting the definitions of conservation area and conservation purpose from subsection (1) and substituting the following definitions:

conservation area means any land declared under this Act to be reserved land in the class of conservation area or taken to have been so declared;

Conservation Management Trust means a Conservation Management Trust established under section 23A ;

conservation purpose means –

(a) any purpose specified in Column 3 of Schedule 3 ; or

(b) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of any reserved land;

(d) by omitting the definition of forest management plan from subsection (1) and substituting the following definition:

forest reserve has the same meaning as in the Forestry Act 1920 ;

(e) by omitting the definition of game reserve from subsection (1) and substituting the following definitions:

game reserve means any land declared under this Act to be reserved land in the class of game reserve or taken to have been so declared;

geological diversity means the natural range of geological, geomorphological and soil features, assemblages, systems and processes;

historic site means any land declared under this Act to be reserved land in the class of historic site or taken to have been so declared;

(f) by omitting the definitions of leased reserve and local reserve from subsection (1) and substituting the following definitions:

leased reserve means an area of land held on lease under section 14D ;

management agreement, in relation to any private land, means an agreement entered into under section 25A ;

management objectives, in relation to any class of reserved land, means the objectives specified in Schedule 4 for that class of reserved land;

(g) by inserting the following definitions after the definition of mink in subsection (1) :

national park means any land declared under this Act to be reserved land in the class of national park or taken to have been so declared;

nature recreation area means any land declared under this Act to be reserved land in the class of nature recreation area or taken to have been so declared;

nature reserve means any land declared under this Act to be reserved land in the class of nature reserve or taken to have been so declared;

Nomenclature Board means the Nomenclature Board constituted under the Survey Co-ordination Act 1944 ;

(h) by inserting the following definitions after the definition of plant in subsection (1) :

prescribed body, in relation to the management of any reserved land, means –

(a) the public authority in which that land is vested; or

(b) a public authority having jurisdiction over the locality in which that land is located; or

(c) a body corporate –

(i) whose objectives or purposes in the opinion of the Minister are primarily conservation purposes; and

(ii) that in the opinion of the Minister has a structure and capacity to effectively exercise the functions of a managing authority;

private land means land other than Crown land or land vested in a public authority;

private nature reserve means any land declared under this Act to be reserved land in the class of private nature reserve or taken to have been so declared;

(i) by omitting the definition of private reserve from subsection (1) and substituting the following definition:

private sanctuary means any land declared under this Act to be reserved land in the class of private sanctuary or taken to have been so declared;

(j) by inserting the following definition after the definition of public authority in subsection (1) :

purposes of reservation means –

(a) in relation to any reserved land, the purposes for which that land was reserved; or

(b) in relation to any class of reserved land, the purposes of reservation specified in Schedule 3 in relation to that class;

(k) by omitting the definition of reserved land from subsection (1) and substituting the following definitions:

regional reserve means any land declared under this Act to be reserved land in the class of regional reserve or taken to have been so declared;

reserved means set aside or acquired for a conservation purpose;

reserved land means any land declared to be reserved land by or under this Act or taken to have been so declared;

resource management and planning system objectives means the objectives of the resource management and planning system of Tasmania as set out in Schedule 5 ;

(l) by omitting the definition of State reserve from subsection (1) and substituting the following definition:

State reserve means any land declared under this Act to be reserved land in the class of State reserve or taken to have been so declared;

(m) by omitting "Canis familiaris." from the definition of wolf in subsection (1) and substituting "Canis familiaris;";

(n) by inserting the following definition after the definition of wolf in subsection (1) :

World Heritage Area has the same meaning as in the Public Land (Administration and Forests) Act 1991 .

(o) by omitting subsection (2) .

74.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended by inserting after the definition of public authority the following definition:

public reserve has the same meaning as in the Crown Lands Act 1976 ;

75.    Section 3A inserted

After section 3 of the Principal Act , the following section is inserted in Part I:

3A.   Compliance with resource management and planning system objectives

(1)  In exercising any powers or performing any functions under this Act in relation to any reserved land, a person must have regard to the resource management and planning system objectives.

(2)  In the case of reserved land for which there is a management plan, if there is any inconsistency between the resource management and planning system objectives and the provisions of the management plan, the provisions of the management plan prevail.

(3)  In the case of reserved land for which there is not a management plan, if there is any inconsistency between the resource management and planning system objectives and the management objectives for the class of that reserved land or the purposes for which that land was reserved, the latter objectives and the purposes prevail.

76.    Section 13 repealed

Section 13 of the Principal Act is repealed.

77.    Sections 14 , 15 , 15A , 15B , 16 and 16A substituted

Sections 14 , 15 , 15A , 15B , 16 and 16A of the Principal Act are repealed and the following sections are substituted:

14.   Declaration of Crown land as reserved land

(1)  If the Governor is of the opinion that any Crown land should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in one of the following classes:

(i) national park;

(ii) State reserve;

(iii) nature reserve;

(iv) game reserve;

(v) conservation area;

(vi) nature recreation area;

(vii) regional reserve;

(viii) historic site; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15 .

(4)  This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920 .

(5)  Subject to any proclamation made under section 16 , any area of reserved land in a class referred to in subsection (1)(a) remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land.

14A.   Declaration of private land as reserved land

(1)  If the Governor is of the opinion that any private land should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in the class of –

(i) private sanctuary; or

(ii) private nature reserve; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15 .

(4)  A proclamation is not to be made under subsection (1) without the consent of the owner of the land.

(5)  Subject to any proclamation made under section 16 , any area of reserved land in the class of private sanctuary or private nature reserve remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land.

(6)  A proclamation made under subsection (1) does not have effect until it is registered in accordance with section 16A .

14B.   Land vested in public authority

(1)  If the Governor is of the opinion that any land vested in a public authority should be set aside for a conservation purpose, the Governor, by proclamation, may –

(a) declare that land to be reserved land in the class of conservation area; and

(b) give a name to that reserved land.

(2)  Any name given to reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land as specified in that subsection; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in the class of conservation area if the land satisfies the criteria relating to that class as set out in section 15(5) .

(4)  A proclamation is not to be made under subsection (1) without the consent of the public authority in which the land is vested.

(5)  This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920 .

(6)  Subject to any proclamation made under section 16 , any area of reserved land that is vested in a public authority remains reserved land in the class of conservation area notwithstanding any subsequent disposition of the land or any other dealing in that land.

14C.   Land acquired by Governor as reserved land

(1)  The Governor may acquire any area of land that, in the opinion of the Governor, should be acquired for a conservation purpose.

(2)  Any area of land acquired under subsection (1) , from the date of the registration of the title in the name of the Crown –

(a) is taken to have been set aside for a conservation purpose; and

(b) is declared to be reserved land in the class of conservation area.

14D.   Lease of reserved land

(1)  If the Minister, on the recommendation of the Director, is satisfied that any land should be set aside for a conservation purpose for a specified period, the Minister may, in the name and on behalf of the Crown, take a lease of that land for such term, and on such covenants and conditions, as may be approved by the Minister.

(2)  For the term of the lease of an area of land under subsection (1) , that land is –

(a) taken to have been set aside for a conservation purpose; and

(b) is declared to be reserved land in –

(i) the class of national park if the land satisfies the criteria relating to that class as set out in section 15(1) ; or

(ii) the class of State reserve if the land satisfies the criteria relating to that class as set out in section 15(2) ; or

(iii) the class of nature reserve if the land satisfies the criteria relating to that class as set out in section 15(3) ; or

(iv) the class of game reserve if the land satisfies the criteria relating to that class as set out in section 15(4) ; or

(v) the class of historic site if the land satisfies the criteria relating to that class as set out in section 15(8) .

15.   Classes of reserved land

(1)  Land may be declared to be reserved land in the class of national park if –

(a) the land –

(i) possesses the values specified in item 1 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of national park possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 1 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(2)  Land may be declared to be reserved land in the class of State reserve if –

(a) the land –

(i) possesses the values specified in item 2 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of State reserve possessing those values; and

(b) the land was reserved for –

(i) any one or more of the purposes specified in item 2 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(3)  Land may be declared to be reserved land in the class of nature reserve if –

(a) the land –

(i) possesses the values specified in item 3 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of nature reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 3 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(4)  Land may be declared to be reserved land in the class of game reserve if –

(a) the land –

(i) possesses the values specified in item 4 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of game reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 4 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(5)  Land may be declared to be reserved land in the class of conservation area if –

(a) the land –

(i) possesses the values specified in item 5 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of conservation area possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 5 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(6)  Land may be declared to be reserved land in the class of nature recreation area if –

(a) the land –

(i) possesses the values specified in item 6 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of nature recreation area possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 6 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(7)  Land may be declared to be reserved land in the class of regional reserve if –

(a) the land –

(i) possesses the values specified in item 7 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of regional reserve possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 7 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(8)  Land may be declared to be reserved land in the class of historic site if –

(a) the land –

(i) possesses the values specified in item 8 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of historic site possessing those values; and

(b) the land was reserved for –

(i) the purposes specified in item 8 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(9)  Land may be declared to be reserved land in the class of private sanctuary if –

(a) the land –

(i) possesses the values specified in item 9 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of private sanctuary possessing those values; and

(b) the land was reserved for –

(i) the purpose specified in item 9 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii) .

(10)  Land may be declared to be reserved land in the class of private nature reserve if –

(a) the owner of the land has given up any right to require that the reservation of that land be revoked; and

(b) the land –

(i) possesses the values specified in item 10 of Column 2 of Schedule 3 ; or

(ii) adjoins an area of reserved land in the class of private nature reserve possessing those values; and

(c) the land was reserved for –

(i) the purposes specified in item 10 of Column 3 of that Schedule; or

(ii) any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (b)(ii) .

15A.   Alteration of class of reserved land

(1)  The Governor, by proclamation, may –

(a) declare any reserved land, or part of any reserved land, that has been declared to be in one of the classes referred to in section 14(1) to be reserved land in another of the classes specified in that section; and

(b) give a name to that reserved land.

(2)  Any name given to any reserved land under subsection (1) is to –

(a) include the name of the class of that reserved land, as specified in section 14(1) ; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(3)  A proclamation under subsection (1) may only be made declaring land to be reserved land in another class if the land satisfies the criteria relating to that other class as set out in section 15 .

15B.   Parliamentary approval required for certain draft proclamations

(1)  A proclamation is not to be made under section 14(1) or section 15A(1) declaring land to be reserved land in the class of national park, State reserve, nature reserve or historic site unless a draft of the proclamation has been first approved by each House of Parliament.

(2)  A proclamation is not to be made under section 15A(1) declaring any reserved land, or part of any reserved land, in the class of national park, State reserve, nature reserve, game reserve or historic site to be in any other class unless a draft of the proclamation has been first approved by each House of Parliament.

(3)  For the purpose of subsection (1) , a House of Parliament is to be taken to have approved a draft of a proclamation if a copy of it has been laid on the table of the House and –

(a) it is approved by the House; or

(b) at the expiration of 15 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(4)  Section 47(3) , (3A) , (4) , (5) , (6) and (7) of the Acts Interpretation Act 1931 and the Subordinate Legislation Committee Act 1969 apply to a proclamation referred to in subsection (1) as if the proclamation were a regulation.

15C.   Naming of reserved land

(1)  The Governor, by proclamation, may give a name to any reserved land –

(a) that has not been given a name under this Act; or

(b) whose name does not include the name of a class of reserved land specified in section 14(1) or section 14A(1) .

(2)  The Governor, by proclamation, may give another name to any reserved land, or part of any reserved land, that has been given a name under this Act.

(3)  Any name given to any reserved land under subsection (1) or (2) is to –

(a) include the name of the class of that reserved land as specified in section 14(1) or section 14A(1) ; and

(b) be given on the recommendation of the Minister after consultation with the Nomenclature Board.

(4)  A proclamation is not to be made under subsection (1) or (2) if that proclamation would have the effect of altering the class of any reserved land.

(5)  A proclamation made under subsection (1) or (2) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A .

15D.   Prohibition of certain names except in reference to reserved land

A person must not use, or cause or permit to be used, alone or in combination with other words, the name of any class of reserved land as specified in section 14(1) or section 14A(1) in reference to any land –

(a) that is not reserved land; or

(b) that is not reserved land of that class.

Penalty:  Fine not exceeding 20 penalty units.

16.   Revocation of reservations

(1)  Subject to this section, the Governor by proclamation may declare that, on such day as may be specified in the proclamation or on the day the proclamation is notified in the Gazette, any area of land ceases to be, or to form part of, reserved land and, on that day, that reserved land is abolished or varied accordingly.

(2)  Subject to subsection (5) , a proclamation is not to be made under subsection (1) unless a draft of the proclamation has been first approved by each House of Parliament.

(3)  A proclamation is not to be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under section 25A for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that –

(a) the owner has refunded –

(i) any money paid for the purpose of securing that reserve; or

(ii) an appropriate proportion of that money; or

(b) the owner has refunded –

(i) any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or

(ii) an appropriate proportion of that money; or

(c) the owner has refunded –

(i) any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or

(ii) an appropriate proportion of that money; or

(d) special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money.

(4)  For the purposes of this section, in respect of a proclamation relating to reserved land in the class of conservation area or regional reserve, a House of Parliament is to be taken to have approved a draft of the proclamation if a copy of it has been laid on the table of the House and –

(a) it is approved by the House; or

(b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(5)  Subsection (2) does not apply to a proclamation relating to reserved land in any of the following classes:

(a) nature recreation area;

(b) private sanctuary.

(6)  A proclamation made under subsection (1) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A .

(7)  This section does not apply to leased reserves.

16A.   Registration of proclamations relating to private sanctuaries or private nature reserves

(1)  If a proclamation is made under section 14A declaring any land to be in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of that land.

(2)  If a proclamation is made under section 15C relating to any reserved land in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates.

(3)  If a proclamation is made under section 16(1) by which the whole or any part of reserved land in the class of private sanctuary or private nature reserve ceases to be, or form part of, reserved land, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates.

(4)  The provisions of Schedule 6 have effect in relation to the registration of proclamations referred to in this section.

(5)  Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.

78.    Section 14 amended (Declaration of Crown land as reserved land)

Section 14 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

(4)  This section does not apply to any Crown land that is –

(a) State forest within the meaning of the Forestry Act 1920 ; or

(b) a public reserve.

79.    Section 14B amended (Land vested in public authority)

Section 14B of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:

(5)  This section does not apply to any Crown land that is –

(a) State forest within the meaning of the Forestry Act 1920 ; or

(b) a public reserve.

80.    Section 17 amended (Lands subject to trusts)

Section 17(1) of the Principal Act is amended by omitting " section 14 " and substituting " section 14C ".

81.    Section 18 amended (Supplementary provisions as to acquisition of land, &c.)

Section 18 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "this Part" and substituting " section 14C ";

(b) by omitting from subsection (2) " section 14 " and substituting " section 14C ".

82.    Section 18A inserted

Before section 19 of the Principal Act , the following section is inserted in Part IV:

18A.   Interpretation

In sections 19 , 20 and 21  –

class, in relation to reserved land, includes the class of forest reserve if the reserved land is in the World Heritage Area;

management objectives, in relation to the class of forest reserve, means the objectives specified in Schedule 3 of the Forestry Act 1920 ;

purposes of reservation, in relation to the class of forest reserve, means the purposes specified in section 20(1)(a) of the Forestry Act 1920 ;

reserved land includes land in the class of forest reserve if that land is included in the World Heritage Area.

83.    Section 19 amended (Management plans)

Section 19 of the Principal Act is amended as follows:

(a) by inserting the following subsections after subsection (1) :

(1A)  A plan approved under this section may relate to –

(a) specified reserved land; or

(b) a specified part of any reserved land; or

(c) a specified group of reserved lands; or

(d) a specified class of reserved land.

(1B)  A plan may only be approved under this section in relation to land in the class of forest reserve with the agreement of the Forestry corporation.

(1BA)  Before a plan is approved under this section in relation to any land to which the Mineral Resources Development Act 1995 applies, the Minister is to consult with the Minister responsible for the administration of the Mineral Resources Development Act 1995 .

(1C)  If a management plan (the "specific plan") is approved for any reserved land that is within a specified group of reserved lands or class of reserved land for which there is a management plan (the "general plan"), the provisions of the specific plan prevail over the provisions of the general plan to the extent of any inconsistency.

(1D)  If a forest management plan within the meaning of the Forestry Act 1920 (the "specific plan") is approved for any reserved land that is within a specified group of reserved lands or class of reserved land for which there is a management plan (the "general plan"), the provisions of the specific plan apply to the extent that they are consistent with the provisions of the general plan.

(b) by omitting subsection (2) and substituting the following subsections:

(2)  A plan in respect of any land within a private sanctuary or private nature reserve is not to be approved under this section without the consent of the owner of that land.

(2A)  A plan in respect of any land within a conservation area that includes any land vested in a public authority is not to be approved under this section without the consent of that public authority.

(2B)  If the Director does not receive the consent of the owner of land that is a private nature reserve for a management plan prepared for that reserve within 60 days after consent is sought, the Director may submit the management plan to the Appeal Tribunal for arbitration.

(2C)  Before making a decision on a management plan, the Appeal Tribunal is to consult with the Director and the owner of the land.

(2D)  Any decision of the Appeal Tribunal is binding on all persons.

(c) by omitting subsections (4) and (5) .

84.    Section 20 amended (Formulation of management plans)

Section 20 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Secretary" and substituting "Director";

(b) by omitting from subsection (2A) "Secretary" three times occurring and substituting "Director";

(c) by omitting from subsection (2C) "Secretary" twice occurring and substituting "Director";

(d) by inserting the following subsections after subsection (2D) :

(2E)  A plan may only be prepared under this section in relation to any land in the class of forest reserve in consultation with the Forestry corporation.

(2F)  A plan in respect of any land within a private sanctuary or private nature reserve may only be prepared under this section in consultation with the owner of the land.

(2G)  A plan in respect of any land that is vested in a public authority and that is within a conservation area may only be prepared under this section in consultation with that public authority.

(2H)  In preparing a management plan for any reserved land, the Director is to have regard to –

(a) if the management plan relates to a specified class of reserved land, the purposes of reservation and the management objectives for that class; or

(b) if the management plan relates to more than one class of reserved land, the purposes of reservation and the management objectives for those classes.

(e) by omitting from subsection (4) "Secretary" and substituting "Director";

(f) by inserting the following subsection after subsection (5) :

(5A)  In considering any representations made to the Minister in respect of a management plan for any reserved land, the Minister is to have regard to –

(a) if the management plan relates to a specified class of reserved land, the purposes of reservation and the management objectives for that class; or

(b) if the management plan relates to more than one class of reserved land, the purposes of reservation and the management objectives for those classes.

(g) by inserting the following subsection after subsection (7) :

(8)  Nothing in this section requires a management plan to specify all the management objectives for a class of reserved land as the objectives for which any specified reserved land is to be managed.

85.    Section 21 amended (Contents of management plans)

Section 21 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "may indicate the purposes for which, or the manner in which, that land, or any part thereof, is to be used, developed, or managed, and, in particular";

(b) by inserting in subsection (1)(a) "and" after "thereof;";

(c) by inserting in subsection (1)(b) "and" after "powers;";

(d) by omitting from subsection (1)(ba) "private reserve" and substituting "private sanctuary or private nature reserve";

(e) by inserting the following paragraphs after paragraph (ba) in subsection (1) :

(bb) is to specify the purposes for which that land was reserved; and

(bc) if the management plan relates to a specified class of reserved land, is to specify any or all of the management objectives for that class of reserved land as the objectives for which the land is to be managed; and

(bca) if the management plan relates to a specified class of reserved land, is to specify the reasons for which any management objectives for that class of reserved land –

(i) have been specified in the management plan as the objectives for which that land is to be managed; and

(ii) have not been specified in the management plan as the objectives for which that land is to be managed; and

(bd) if the management plan relates to more than one class of reserved land, is to specify any or all of the management objectives for each class of reserved land as the objectives for which the land in that class is to be managed; and

(bda) if the management plan relates to more than one class of reserved land, is to specify the reasons for which any management objectives for any of those classes –

(i) have been specified in the management plan as the objectives for which the land in that class is to be managed; and

(ii) have not been specified in the management plan as the objectives for which the land in that class is to be managed; and

(be) may specify any condition that applies to the application of any management objective specified in the management plan; and

(bf) is to specify the manner in which the management objectives specified in the management plan are to be achieved; and

(f) by omitting from subsection (2) "applying to" and substituting "for";

(g) by omitting from subsection (2) "in a State reserve or a game reserve" and substituting "within a national park, State reserve, nature reserve, game reserve or historic site";

(h) by omitting from subsection (3) "resolution of";

(i) by inserting the following subsection after subsection (3) :

(3AA)  For the purposes of this section, a House of Parliament is to be taken to have approved the inclusion of provisions in a management plan giving such authority as is referred to in subsection (2) if a copy of the plan with the provisions clearly indicated has been laid on the table of that House and –

(a) such inclusion is approved by that House; or

(b) at the expiration of 5 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(j) by omitting from subsection (3A) "a resolution approving" and substituting "approval of";

(k) by omitting from subsection (3A) "by which the resolution was passed" and substituting "which has granted approval";

(l) by omitting from subsection (4) "in respect of" and substituting "for";

(m) by omitting from subsection (4) "that is not within a State reserve or a game reserve" and substituting "within a conservation area, nature recreation area, regional reserve, private nature reserve or private sanctuary".

86.    Section 21A amended (Notification and taking effect of management plans)

Section 21A(2)(a) of the Principal Act is amended by omitting "resolution of".

87.    Section 22 amended (Managing authorities for reserves)

Section 22 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "other than land in a local reserve or a private reserve or land to which a forest management plan applies." and substituting "other than –";

(b) by inserting the following paragraphs after subsection (1) :

(a) land within a private sanctuary or private nature reserve; or

(b) land vested in a public authority.

(c) by omitting subsection (1A) ;

(d) by omitting from subsection (2) "public authority or a conservation society" and substituting "prescribed body";

(e) by omitting from subsection (2) "authority or society" and substituting "body";

(f) by inserting in subsection (2) "other than land within a national park or nature reserve" after "land";

(g) by omitting subsection (2A) and substituting the following subsections:

(2A)  The Governor, by order made with the consent of a Conservation Management Trust, may declare that Trust to be the managing authority for any class of reserved land specified in section 23A(2) .

(2B)  An order may not be made under subsection (2A) declaring a Conservation Management Trust to be the managing authority for any land unless there is a management plan for that land.

(h) by omitting from subsection (3) "authority for any reserved land within a local reserve or a private reserve." and substituting "authority for –";

(i) by inserting the following paragraphs after subsection (3) :

(a) land within a private sanctuary or private nature reserve; or

(b) land vested in a public authority.

(j) by inserting the following subsections after subsection (3) :

(3A)  An order is not to be made under this section in respect of land within a private sanctuary or private nature reserve without the consent of the owner of that land.

(3B)  An order is not to be made under this section in respect of land vested in a public authority without the consent of the public authority.

(3C)  An order is not to be made under this section in respect of a leased reserve without the consent of the owner of the land.

(k) by omitting from subsection (5) "the foregoing provisions of this section" and substituting " subsection (2) , (3) or (4) ";

(l) by omitting subsection (6) ;

(m) by omitting from subsection (7) "a public authority, or a conservation society" and substituting "a prescribed body or a Conservation Management Trust";

(n) by omitting from subsection (7) "or that authority or society" and substituting "the prescribed body or the Conservation Management Trust".

88.    Section 23 amended (Functions of managing authority in relation to reserved land)

Section 23 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(a) "that is land to which a forest management plan applies is charged with the management and maintenance of that land in a manner designed to promote the purposes for which it is required to be used, developed, or managed under the plan; or" and substituting "for which there is a management plan is to manage that land in accordance with that management plan; or";

(b) by omitting paragraph (b) from subsection (1) and substituting the following paragraph:

(b) for any other reserved land is to manage that land –

(i) in a manner that is consistent with the purposes for which the land was reserved; and

(ii) having regard to the management objectives for the class of that reserved land.

(c) by omitting subsection (1AA) ;

(d) by omitting subsection (2) .

89.    Sections 23A , 23B , 23C and 23D inserted

After section 23 of the Principal Act , the following sections are inserted in Part IV:

23A.   Establishment of Conservation Management Trust

(1)  The Minister, by written instrument, may establish a Conservation Management Trust to be a managing authority for any reserved land for which there is a management plan.

(2)  A Conservation Management Trust may only be the managing authority in respect of the following classes of reserved land:

(a) conservation area;

(b) nature recreation area;

(c) regional reserve.

(3)  The instrument establishing a Conservation Management Trust is to specify the reserved land or group of reserved lands in respect of which the Trust is the managing authority.

23B.   Functions of Conservation Management Trust

(1)  The function of a Conservation Management Trust is to manage the land in respect of which it is the managing authority in accordance with the provisions of the management plan for that reserved land.

(2)  The instrument establishing a Conservation Management Trust –

(a) is to specify the functions of the Conservation Management Trust; and

(b) may specify any other matter that the Minister considers necessary.

23C.   Membership of Conservation Management Trust

(1)  A Conservation Management Trust is to consist of any of the following persons appointed by the Minister:

(a) a person nominated by a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated;

(b) a person nominated by a Landcare, Bushcare or similar group constituted under the authority of a council or the councils with jurisdiction in the locality where the reserved land or group of reserved lands is situated;

(c) a person nominated by a body that provides facilities or services to tourists;

(d) a person nominated by a group whose objectives or purposes in the opinion of the Minister are conservation objectives or purposes;

(e) a person nominated by a group whose objectives or purposes in the opinion of the Minister are recreational objectives or purposes;

(f) a person nominated by the Aboriginal Land Council of Tasmania;

(g) the Director or a person nominated by the Director;

(h) a person nominated by any other group or body that, in the opinion of the Minister, is likely to contribute beneficially to the management of the reserved land.

(2)  The Minister is to appoint one of the persons referred to in subsection (1) as chairperson of the Trust.

(3)  Schedule 7 has effect with respect to the membership and meetings of the Trust.

23D.   Revocation of establishment of Conservation Management Trust

(1)  The Minister may revoke the establishment of a Conservation Management Trust for any reason that the Minister considers necessary by serving a notice to that effect on each of the members of the Trust.

(2)  On or after the revocation of the establishment of a Conservation Management Trust, the Minister may give directions as to –

(a) the disposition of any accounts of the Trust; and

(b) the transfer of any liabilities of the Trust.

90.    Section 24 amended (Dealings with reserved lands)

Section 24 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "State reserve or a game reserve" and substituting "national park, State reserve, nature reserve, historic site or game reserve";

(b) by omitting from subsection (2) "not contained within a State reserve or a game reserve" and substituting "in the class of conservation area, nature recreation area, regional reserve, private sanctuary or private nature reserve";

(c) by omitting from subsection (3) "a State reserve or a game reserve" first occurring and substituting "the class of national park, State reserve, nature reserve, historic site or game reserve";

(d) by omitting from subsection (3) "had not become land contained within a State reserve or a game reserve, as the case may be" and substituting "land contained within any of those classes of reserved land".

91.    Section 25A substituted

Section 25A of the Principal Act is repealed and the following section is substituted:

25A.   Management agreement for private land

(1)  The Minister may enter into any agreement relating to the use and management of any private land if to do so would, in the opinion of the Minister, tend to promote –

(a) conservation purposes in relation to that land; or

(b) the purpose for which a private nature reserve or private sanctuary has been set aside under this Act.

(2)  An agreement entered into under this section in respect of a private nature reserve or private sanctuary may involve the payment of money (whether by way of grant or loan or otherwise) by the Minister to the owner for the purpose of ensuring that –

(a) the provisions of any management plan for that reserved land are complied with; and

(b) if there is not a management plan for that reserved land, the management objectives for that class of reserved land are met.

(3)  Money is to be paid under this section on such terms and conditions as the Minister, on the recommendation of the Director, agrees to.

(4)  Any terms and conditions referred to in subsection (3) may give the Director rights in respect of a private nature reserve or private sanctuary.

(5)  An agreement under this section relating to a private nature reserve may contain a covenant between the owner of the land and the Minister to the effect that the reserve is to be managed in accordance with the management plan for that reserve.

(6)  An agreement under this section relating to private land that is not reserved land may contain a covenant between the owner of the land and the Minister to the effect that the land is to be managed in accordance with the management agreement for that land.

(7)  Any covenant entered into by the owner of land under this section is enforceable against the owner and any person deriving title under the owner in the same manner and to the same extent as if that covenant were entered into by a fee simple owner for the benefit of adjacent land held by the Minister in fee simple that was capable of being developed by the covenant and as if that adjacent land continued to be so held by the Minister.

(8)  Subject to this section, the Minister may, at any time, by agreement with the owner of land against whom a covenant entered into under this section is enforceable, discharge the covenant or may agree to a variation of the covenant.

(9)  If land subject to a covenant has been declared to be a private nature reserve, the Minister may not discharge a covenant or agree to a variation of a covenant which would permit significant detriment to the natural or cultural values of the reserve unless a proclamation under section 16 revoking the declaration of that land as a private nature reserve has taken effect.

92.    Section 25B amended (Business licence)

Section 25B of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "of which the Director is the managing authority";

(b) by omitting subsection (3) and substituting the following subsection:

(3)  In this section, specified area means a part or all of the following classes of reserved land:

(a) national park;

(b) State reserve;

(c) nature reserve;

(d) game reserve;

(e) conservation area;

(f) nature recreation area;

(g) regional reserve;

(h) historic site.

93.    Section 25K amended (Delegation to managing authority)

Section 25K of the Principal Act is amended by omitting "Director" and substituting "managing authority for any reserved land".

94.    Section 26 amended (Minister may grant leases and licences)

Section 26 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) ", with the approval of the Minister for Crown Lands,";

(b) by omitting from subsection (2) " subsections (3) , (4) and (5) " and substituting " subsections (3) and (4) ";

(c) by omitting from subsection (2) "for Crown Lands";

(d) by omitting subsection (5) .

95.    Section 29 amended (Regulations with respect to reserved lands)

Section 29 of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (a) in subsection (1) :

(ab) any conservation purpose or any management objective specified in Schedule 4 ;

(b) by omitting from subsection (5) "apply to reserved land generally, to any class of reserved land, or to any specified reserved land." and substituting "apply to –";

(c) by inserting the following paragraphs after subsection (5) :

(a) specified reserved land; or

(b) a specified part of any reserved land; or

(c) a specified group of reserved lands; or

(d) a specified class of reserved land.

(d) by omitting from subsection (6) "private reserve" and substituting "private sanctuary or private nature reserve";

(e) by omitting subsection (9) .

96.    Section 35 amended (Special permits to take wildlife)

Section 35(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (a) "State reserve" and substituting "national park, State reserve, nature reserve or historic site";

(b) by omitting from paragraph (b) "in a local reserve or a private reserve," and substituting "vested in a public authority or any private land,";

(c) by omitting from paragraph (b) "owner thereof;" and substituting "public authority in whom the land is vested or the owner of that land;";

(d) by omitting from paragraph (c) "conservation society or a public authority" and substituting "prescribed body";

(e) by omitting from paragraph (c) "society or authority." and substituting "body;";

(f) by inserting the following paragraph after paragraph (c) :

(d) in respect of any reserved land of which a Conservation Management Trust is the managing authority, except on the application of or with the consent of that Conservation Management Trust.

97.    Section 37A amended (Interpretation of Part)

Section 37A of the Principal Act is amended by omitting "the protection of a species of flora or fauna" from the definition of conservation covenant and substituting "a conservation purpose".

98.    Section 37B amended (Minister may enter into conservation covenants)

Section 37B of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "the purpose of protecting a taxon of flora or fauna" and substituting "a conservation purpose";

(b) by omitting from subsection (2)(b) " sections 37D and 37E ." and substituting " sections 37D and 37E or in accordance with agreements reached between the Minister and the landowner; and";

(c) by inserting the following paragraph after paragraph (b) in subsection (2) :

(c) provisions relating to the waiver of entitlements to statutory compensation.

99.    Section 37G amended (Conservation covenants)

Section 37G of the Principal Act is amended by inserting after subsection (5) the following subsection:

(6)  If it is expressly provided in a conservation covenant, a covenant may not be varied or discharged without the consent of the Crown in the right of the Commonwealth being first obtained.

100.    Section 37K amended (Offences)

Section 37K(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "covenant." and substituting "covenant; and";

(b) by inserting the following paragraph after paragraph (b) :

(c) must order that person to pay to the Crown such amount as the court considers appropriate of any financial gain made by that person as a result of or in connection with the breach of the covenant.

101.    Schedule 3 substituted

Schedule 3 to the Principal Act is repealed and the following Schedules are substituted:

SCHEDULE 3 - Determination of class of reserved land

Sections 3 and 15

	Column 1	Column 2	Column 3
	Class of reserved land	Values of land	Purposes of reservation
1.	National park	A large natural area of land containing a representative or outstanding sample of major natural regions, features or scenery.	The protection and maintenance of the natural and cultural values of the area of land while providing for ecologically sustainable recreation consistent with conserving those values.
2.	State reserve	An area of land containing any of the following:	The protection and maintenance of any one or more of the following:
		(a) significant natural landscapes;	(a) the natural and cultural values of the area of land;
		(b) natural features;	(b) sites, objects or places of significance to Aboriginal people contained in that area of land;
		(c) sites, objects or places of significance to Aboriginal people.	(b) use of the area of land by Aboriginal people –
			while providing for ecologically sustainable recreation consistent with conserving any of the things referred to in paragraph (a), (b) and (c) as applicable.
3.	Nature reserve	An area of land that contains natural values that –	The conservation of the natural biological diversity or geological diversity of the area of land, or both, and the conservation of the natural values of that area of land that are unique, important or have representative value.
		(a) contribute to the natural biological diversity or geological diversity of the area of land, or both; and
		(b) are unique, important or have representative value.
4.	Game reserve	An area of land containing natural values that are unique, important or have representative value particularly with respect to game species.	The conservation of the natural values of the area of land that are unique, important or have representative value, the conservation of the natural biological diversity or geological diversity of that area of land, or both, and the ecologically sustainable hunting of game species in that area of land.
5.	Conservation area	An area of land predominantly in a natural state.	The protection and maintenance of the natural and cultural values of the area of land and the sustainable use of the natural resources of that area of land.
6.	Nature recreation area	An area of land –	Public recreation and education consistent with conserving the natural and cultural values of the area of land.
		(a) predominantly in a natural state; or
		(b) containing sensitive natural sites of significance for recreation.
7.	Regional reserve	An area of land –	Mineral exploration and the development of mineral deposits in the area of land, and the small-scale use of other natural resources of that area of land, while protecting and maintaining the natural and cultural values of that area of land.
		(a) with high mineral potential or prospectivity; and
		(b) predominantly in a natural state.
8.	Historic site	An area of land of significance for historic cultural heritage.	The conservation of the historic features of the area of land and the presentation of those features for public appreciation and education.
9.	Private sanctuary	An area of land that has significant natural or cultural values, or both.	The protection and maintenance of the natural or cultural values of the area of land, or both, while permitting the carrying out of agricultural or other activities on that land consistent with conserving those values.
10.	Private nature reserve	An area of land that contains natural values that –	The conservation of the natural biological diversity or geological diversity of the area of land, or both, and the conservation of the natural values of that area of land that are unique, important or have representative value.
		(a) contribute to the natural biological diversity or geological diversity of the area of land, or both; and
		(b) are unique, important or have representative value.

SCHEDULE 4 - Objectives for management of reserved land

Section 3 and Part IV

	Column 1	Column 2
	Class of reserved land	Management objectives
1.	National park	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage education based on the purpose of reservation and the natural or cultural values of the national park, or both;
		(f) to encourage research, particularly that which furthers the purpose of reservation;
		(g) to protect the national park against, and rehabilitate the national park following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the national park's natural and cultural values and on assets within and adjacent to the national park;
		(h) to encourage and provide for tourism, recreational use and enjoyment consistent with the conservation of the national park's natural and cultural values;
		(i) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purpose of reservation and the other management objectives;
		(j) to preserve the natural, primitive and remote character of wilderness areas.
2.	State reserve	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives;
		(f) to encourage education based on the purposes of reservation and the natural or cultural values of the State reserve, or both;
		(g) to encourage research, particularly that which furthers the purposes of reservation;
		(h) to protect the State reserve against, and rehabilitate the State reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the State reserve's natural and cultural values and on assets within and adjacent to the State reserve;
		(i) to encourage tourism, recreational use and enjoyment consistent with the conservation of the State reserve's natural and cultural values.
3.	Nature reserve	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage education based on the purposes of reservation and the natural or cultural values of the nature reserve, or both;
		(f) to encourage research, particularly that which furthers the purposes of reservation;
		(g) to protect the nature reserve against, and rehabilitate the nature reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the nature reserve's natural and cultural values and on assets within and adjacent to the nature reserve;
		(h) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives.
4.	Game reserve	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to provide for the taking, on an ecologically sustainable basis, of designated game species for commercial or private purposes, or both;
		(f) to encourage appropriate tourism, recreational use and enjoyment, particularly sustainable recreational hunting;
		(g) to encourage education based on the purposes of reservation and the natural or cultural values of the game reserve, or both;
		(h) to encourage research, particularly that which furthers the purposes of reservation;
		(i) to protect the game reserve against, and rehabilitate the game reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the game reserve's natural and cultural values and on assets within and adjacent to the game reserve;
		(j) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives.
5.	Conservation area	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to provide for the controlled use of natural resources;
		(f) to provide for exploration activities and utilisation of mineral resources subject to appropriate controls;
		(g) to provide for the taking, on an ecologically sustainable basis, of designated game species for commercial or private purposes, or both;
		(h) to provide, in special circumstances, for other small-scale commercial or industrial uses;
		(i) to encourage education based on the purposes of reservation and the natural or cultural values of the conservation area, or both;
		(j) to encourage research, particularly that which furthers the purposes of reservation;
		(k) to protect the conservation area against, and rehabilitate the conservation area following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the conservation area's natural and cultural values and on assets within and adjacent to the conservation area;
		(l) to encourage appropriate tourism, recreational use and enjoyment consistent with the conservation of the conservation area's natural and cultural values;
		(m) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives.
6.	Nature recreation area	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage tourism, recreational use and enjoyment consistent with the conservation of the nature recreation area's natural and cultural values;
		(f) to encourage education based on the purpose of reservation and the natural or cultural values of the nature recreation area, or both;
		(g) to encourage research, particularly that which furthers the purpose of reservation;
		(h) to protect the nature recreation area against, and rehabilitate the nature recreation area following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the nature recreation area's natural and cultural values and on assets within and adjacent to the nature recreation area;
		(i) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purpose of reservation and the other management objectives;
		(j) to provide for exploration activities and utilisation of mineral resources subject to appropriate controls.
7.	Regional reserve	The following objectives:
		(a) to provide for mineral exploration activities and utilisation of mineral resources;
		(b) to provide for the controlled use of other natural resources on a small scale;
		(c) to conserve natural biological diversity;
		(d) to conserve geological diversity;
		(e) to preserve the quality of water and protect catchments;
		(f) to conserve sites or areas of cultural significance;
		(g) to encourage education based on the purposes of reservation and the natural or cultural values of the regional reserve, or both;
		(h) to encourage research, particularly that which furthers the purposes of reservation;
		(i) to protect the regional reserve against, and rehabilitate the regional reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the regional reserve's natural and cultural values and on assets within and adjacent to the regional reserve;
		(j) to encourage tourism, recreational use and enjoyment consistent with the conservation of the regional reserve's natural and cultural values;
		(k) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives;
		(l) to provide for the taking, on an ecologically sustainable basis and where appropriate, of designated game species for commercial or private purposes, or both.
8.	Historic site	The following objectives:
		(a) to conserve sites or areas of historic cultural significance;
		(b) to conserve natural biological diversity;
		(c) to conserve geological diversity;
		(d) to preserve the quality of water and protect catchments;
		(e) to encourage education based on the purposes of reservation and the natural or cultural values of the historic site, or both;
		(f) to encourage research, particularly that which furthers the purposes of reservation;
		(g) to protect the historic site against, and rehabilitate the historic site following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the historic site's natural and cultural values and on assets within and adjacent to the historic site;
		(h) to encourage tourism, recreational use and enjoyment consistent with the conservation of the historic site's natural and cultural values;
		(i) to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives.
9.	Private sanctuary	The following objectives:
		(a) to conserve natural biological diversity;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage research, particularly that which furthers the purpose of reservation;
		(f) to protect the private sanctuary against, and rehabilitate the private sanctuary following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the private sanctuary's natural and cultural values and on assets within and adjacent to the private sanctuary.
10.	Private nature reserve	The following objectives:
		(a) to conserve natural biological diversity, particularly in relation to identified species, communities or habitats;
		(b) to conserve geological diversity;
		(c) to preserve the quality of water and protect catchments;
		(d) to conserve sites or areas of cultural significance;
		(e) to encourage research, particularly that which furthers the purposes of reservation;
		(f) to protect the private nature reserve against, and rehabilitate the private nature reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the private nature reserve's natural and cultural values and on assets within and adjacent to the private nature reserve.

SCHEDULE 5 - Objectives of the resource management and planning system of Tasmania

Section 3

1.   The objectives of the resource management and planning system of Tasmania are –

(a) to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and

(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and

(c) to encourage public involvement in resource management and planning; and

(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and

(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

2.   In item 1(a) ,

sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

SCHEDULE 6 - Registration of Proclamations Referred to in Section 16A

Section 16A

1.   

(1) A proclamation required to be registered under section 16A (1) is to be so registered by lodging with the Recorder –

(a) a copy of the proclamation; and

(b) particulars of the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.

(2) Where a proclamation has been lodged under subclause (1) , the Recorder is to record the proclamation on the folio of the Register constituting the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority.

2.   

(1) Where the whole or any part of the land referred to in clause 1(1)(b) is not under the Land Titles Act 1980 , the Recorder is to bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act .

(2) Where part only of the land referred to in clause 1(1)(b) to which a proclamation relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder is to issue a consolidated title to the whole of the land and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.

(3) The Recorder is not bound, for the purposes of subclause (1) , to investigate the title to any land.

3.   

(1) A proclamation required to be registered under subsection (2) or subsection (3) of section 16A  –

(a) is to contain particulars of the title to the area of the private sanctuary or private nature reserve –

(i) to which it relates, in the case of a proclamation required to be registered under subsection (2) of that section; or

(ii) ceasing to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve by virtue of the proclamation, in any other case; and

(b) is to be so registered by lodging with the Recorder a copy of the proclamation.

(2) Where a proclamation has been lodged under subclause (1) , the Recorder is to record on the folio of the Register constituting the title to the area of the private sanctuary or private nature reserve to which the proclamation relates –

(a) particulars of the alteration or name contained in the proclamation, in the case of a proclamation required to be registered under section 16A (2) ; or

(b) a statement that that area of land has ceased to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve declared by the proclamation previously registered in respect of that land, in any other case.

4.   A fee is not payable in respect of the registration of a proclamation in accordance with this Schedule.

5.   In this Schedule,

Register has the same meaning as it has in the Land Titles Act 1980.

SCHEDULE 7 - Provisions with respect to membership and meetings of a Conservation Management Trust

Section 23C

1.   Interpretation

In this Schedule,

Trust means a Conservation Management Trust established under section 23A .

2.   Terms and conditions of office of members of Trust

(1) A member of a Trust –

(a) is to be appointed for such period as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and

(b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and

(c) may at any time resign his or her office by notice in writing addressed and delivered to the Minister.

(2) The terms and conditions of office of a member of a Trust, with respect to matters not provided for in this Schedule, are as determined by the Minister.

3.   Change of name of body which member of Trust represents

If the body referred to in paragraph (f) of section 23C(1) changes its name to another name or ceases to exist under the name referred to in that paragraph, the Minister may, by order, amend that paragraph –

(a) by substituting for the name of the body that other name; or

(b) by substituting for the name of that body the name of some other body which he or she is satisfied represents substantially the same interests as those represented by the first-mentioned body.

4.   Appointment of substitute to act during absence of member of Trust

If a member of a Trust is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member of the Trust to act in the place of that member during that period.

5.   Convening of meetings

Meetings of a Trust may be convened by the chairperson of the Trust or by any 2 or more members of the Trust.

6.   Quorum

Five members of a Trust constitute a quorum of the Trust.

7.   Presiding at meetings

(1) The chairperson of a Trust is to preside at all meetings of the Trust at which he or she is present.

(2) If the chairperson of a Trust is not present at a meeting of the Trust, a member of the Trust elected by the members present is to preside at that meeting.

8.   Decision of meeting

A decision carried by a majority of the votes of the members present at a meeting of a Trust is to be a decision of the Trust.

9.   Power of Trust to regulate its own procedure

Subject to this Schedule, the procedure for the calling of meetings of a Trust and for the conduct of business at those meetings is to be as determined by the Trust.

SCHEDULE 1 - Forest reserves revoked

Section 5

SCHEDULE 2 - Cessation of certain land as State forest

Section 6

SCHEDULE 3 - Land entered in Register of Multiple Use Forest Land

Section 7

SCHEDULE 4 - Forest reserves dedicated

Section 8

SCHEDULE 5 - Public reserves

Sections 9 and 10

PART 1 - Land ceasing to be reserved under the Crown Lands Act 1976

1.   Any land listed in the Grants of Lands for Ecclesiastical Purposes contained in House of Assembly paper No. 46 of 1866.

2.   Any shack site, within the meaning of the Crown Lands (Shack Sites) Act 1997 , the reservation of which was in force under the former Act immediately before the commencement of section 9 .

PART 2 - Reservation of public reserves

Any area of Crown land that, immediately before the commencement of Division 2 of Part 2 , was shown as a reserve under the former Act on the Tasmanian 1:25 000 map series or the Flinders Island or King Island 1:100 000 map series containing any of the following descriptions:

SCHEDULE 6 - Cessation of certain land as conservation area

Section 11

SCHEDULE 7 - National parks

Sections 13 and 14

SCHEDULE 8 - State reserves

Sections 13 , 15 and 16

PART 1 - Declaration of State reserves

PART 2 - Reserve under Crown Lands Act 1976 reclassified as State reserve

PART 3 - Naming of State reserve

SCHEDULE 9 - Conservation areas

Sections 13 , 17 and 25

PART 1 - Reserves under Crown Lands Act 1976 reclassified as conservation areas

PART 2 - Declaration of conservation areas

SCHEDULE 10 - Nature recreation areas

Section 19

SCHEDULE 11 - Regional reserves

Sections 13 , 20 and 25

SCHEDULE 12 - Nature reserves

Sections 13 and 21

PART 1 - State reserve reclassified as nature reserve

PART 2 - Declaration of nature reserve

SCHEDULE 13 - Historic sites

Section 22

[Second reading presentation speech made in:

House of Assembly on 1 DECEMBER 1998

Legislative Council on 3 DECEMBER 1998]