Regional Forest Agreement (Land Classification) Act 1998

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.

Division 2 - Crown Lands Act 1976

[Commences: 31 December 2001]

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(a) the land the reservation of which was revoked under subsection (2) ;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

[Commences: 30 April 1999]

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 .

30.   

The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .

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 .

35.   

The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .

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 .

39.   

The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .

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 .

43.   

The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .

44.   

The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .

45.    Section 20 amended (Forest reserves)

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

47.   

The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .

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) .

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) .

54.   

The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .

56.   

The amendments effected by this section have been incorporated into the authorised version of the Crown Lands Act 1976 .

57.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

58.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

59.   

The amendments effected by this section have been incorporated into the authorised version of the Crown Lands Act 1976 .

60.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

61.   

The amendments effected by this section have been incorporated into the authorised version of the Crown Lands Act 1976 .

62.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

63.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

64.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

65.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

66.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

67.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

68.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

69.   

The amendment effected by this section has been incorporated into the authorised version of the Land Acquisition Act 1993 .

70.   

The amendments effected by this section have been incorporated into the authorised version of the Crown Lands Act 1976 .

71.   

The amendment effected by this section has been incorporated into the authorised version of the Crown Lands Act 1976 .

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.