Ben Lomond Skifield Management Authority Act 1995

Ben Lomond Skifield Management Authority Act 1995

An Act to establish the Ben Lomond Skifield Management Authority

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

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Ben Lomond Skifield Management Authority Act 1995 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act –

Authority means the Ben Lomond Skifield Management Authority established under section 4 ;

authorized officer means an authorized officer within the meaning of the National Parks and Wildlife Act 1970 ;

[Section 3 Amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] Ben Lomond National Park means the national park the boundaries of which are set out in a plan kept in the Central Plan Register;

commencement day means the day on which this Act commences;

Director means the Director of National Parks and Wildlife;

[Section 3 Amended by No. 32 of 2000, s. 4, Applied:16 Jun 2000]

[Section 3 Amended by No. 32 of 2000, s. 4, Applied:16 Jun 2000] employee means an employee appointed under section 9 ;

Fund means the Ben Lomond Skifield Management Fund established under section 13 ;

Management Plan means –

(a) the Ben Lomond National Park and Conservation Area Management Plan 1982 approved under section 19 of the National Parks and Wildlife Act 1970 ; and

(b) any other plan approved under that section altering or substituting that plan;

member means a member of the Authority;

Secretary means the Secretary of the Department;

Skifield Development Area means the area within the Ben Lomond National Park as indicated on Plan No. LD 1579 kept in the Central Plan Register;

Skifield Development Plan means the plan for the management and development of the Skifield Development Area as referred to in the Management Plan.

PART 2 - Ben Lomond Skifield Management Authority

4.   Ben Lomond Skifield Management Authority

(1)  The Ben Lomond Skifield Management Authority is established.

(2)  The Authority is a body corporate with perpetual succession and a common seal.

(3)  The common seal is to be kept and used as authorized by the Authority.

(4)  The Authority may sue and be sued in its corporate name.

(5)  The execution of a document sealed by the Authority is to be attested by 2 members of the Authority.

(6)  All courts and persons acting judicially must –

(a) take judicial notice of the imprint of the common seal on a document; and

(b) presume that the document was duly sealed by the Authority.

5.   Constitution of Authority

(1)  [Section 5 Subsection (1) amended by No. 32 of 2000, s. 5, Applied:16 Jun 2000] The Authority consists of 4 members appointed by the Minister of whom–

(a) [Section 5 Subsection (1) amended by No. 32 of 2000, s. 5, Applied:16 Jun 2000] one is the Director, or his or her nominee; and

(b) [Section 5 Subsection (1) amended by No. 32 of 2000, s. 5, Applied:16 Jun 2000] 3 are persons who have skills or expertise in one or more of the following areas:

(i) skiing;

(ii) the ski industry;

(iii) business and financial management;

(iv) tourism and recreation;

(v) physical infrastructure and engineering;

(vi) recognition of the needs of skiers and visitors to the Skifield Development Area;

(vii) conservation management.

(2)  The Minister is to appoint one of the members as chairperson of the Authority.

(3)  Schedules 1 and 2 have effect with respect to membership and meetings of the Authority.

6.   Effect to be given to Management Plan

(1)  In the performance of its functions and the exercise of its powers the Authority is to –

(a) give effect, as far as practicable, to the Management Plan and the Skifield Development Plan; and

(b) comply with –

(i) directions in writing given by the Minister for the purpose of ensuring that effect is given to the Management Plan and the Skifield Development Plan; and

(ii) other directions in writing, not inconsistent with this Act, the National Parks and Wildlife Act 1970 , the Management Plan or the Skifield Development Plan, given by the Minister.

(2)  Before giving a direction under subsection (1)(b) the Minister must consult the Authority with respect to the matters proposed to be included in the direction.

7.   Functions of Authority

(1)  The functions of the Authority are as follows:

(a) to plan, manage and monitor the development of the Skifield Development Area by means of, and consistent with, the Skifield Development Plan and the Management Plan;

(b) to ensure the conservation of geographically significant, endemic, rare or vulnerable communities, habitats and species indigenous to the Skifield Development Area;

(c) to provide adequate facilities for the use of visitors to the Skifield Development Area;

(d) to ensure the preservation and maintenance of the physical environment and the beauty of the Skifield Development Area;

(e) to promote visitor understanding of the environmental and recreational importance of the Skifield Development Area;

(f) to advise the Minister on any development proposed for the Skifield Development Area;

(g) to carry out, or arrange for the carrying out of, research and other activities necessary for the management of the Skifield Development Area;

(h) to use its best endeavours to secure financial assistance by any means to assist in carrying out its functions.

(2)  The Minister may give directions to the Authority with respect to the performance of its functions.

(3)  The Minister must not give directions under subsection (2) so as to –

(a) require the Authority to do anything that it is not empowered to do by this Act or the National Parks and Wildlife Act 1970 ; or

(b) prevent the Authority from performing any function that it is required by this Act to perform, whether conditionally or unconditionally; or

(c) interfere with the formation by the Authority of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the Authority of any of its functions or powers under this Act.

8.   Powers of Authority

The Authority, in performing its functions, may –

(a) provide and maintain facilities and conveniences for the use or benefit of persons resorting to the Skifield Development Area; and

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

(c) obtain and use any produce of, or materials in, the Skifield Development Area; and

(d) erect any buildings or structure in the Skifield Development Area; and

(e) permit the use of any part of the Skifield Development Area and the interior of any of its buildings for –

(i) the taking of photographs, the making of films and sound recordings and the production of radio or television programme material; and

(ii) the conduct of religious, educational, social or cultural functions, of events connected with State occasions or of charitable or other promotional activities; and

(f) erect, modify, repair, remove or demolish buildings and structures in the Skifield Development Area; and

(g) construct, maintain and eliminate roads and paths in the Skifield Development Area; and

(h) provide and maintain water supply, sewerage, drainage and other services in the Skifield Development Area; and

(i) notwithstanding the National Parks and Wildlife Act 1970 but subject to the Minister's approval –

(i) grant leases and licences to occupy any part of the Skifield Development Area or any building erected on the Skifield Development Area; and

(ii) accept leases and licences to occupy land and buildings; and

(j) purchase or acquire any articles or other things; and

(k) levy and collect fees and charges in relation to –

(i) any of the above matters; and

(ii) admission to the Skifield Development Area; and

(iii) any buildings in the Skifield Development Area; and

(iv) the provision of services; and

(l) impose any conditions it thinks fit in relation to the exercise by it of its powers; and

(m) enter into any contract, agreement or arrangement with any person or body; and

(n) appoint and engage as an independent contractor, on any conditions, any person or group of persons to provide any services the Authority requires in connection with the performance of its functions and the exercise of its powers; and

(o) do any thing necessary or convenient to perform its functions.

9.   Employees of Authority

(1)  [Section 9 Subsection (1) amended by No. 32 of 2000, s. 6, Applied:16 Jun 2000] The Authority may appoint any persons necessary for the performance of its functions or the exercise of its powers.

(2)  Employment under this section may be –

(a) in a permanent or temporary capacity; and

(b) on a full-time or part-time basis.

(3)  Schedule 3 has effect with respect to the appointment and the conditions of employment of persons appointed under this section.

10.   Committees

(1)  The Authority may establish any committee to advise it on –

(a) the planning, management and development of the Skifield Development Area; and

(b) any other matter relating to the performance of its functions as it may specify.

(2)  The Authority may abolish any committee established under subsection (1) .

11.   Authorized officers

[Section 11 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may appoint a State Service officer or State Service employee as an authorized officer for the purposes of the management of the Skifield Development Area.

12.   Delegation

The Authority may delegate to any person, body or committee any of its functions or powers other than this power of delegation.

PART 3 - Financial Provisions

13.   Ben Lomond Skifield Management Fund

(1)  A fund to be known as the Ben Lomond Skifield Management Fund is established.

(2)  The Fund consists of –

(a) money appropriated by Parliament for the purposes of the Authority; and

(b) other money received from any other source by the Authority.

(3)  The Fund is to be administered by the Authority.

14.   Application of Fund

Money in the Fund is to be applied –

(a) in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the Authority in the performance of its functions and the exercise of its powers; and

(b) in the payment of any remuneration payable under this Act.

15.   Authorised deposit-taking institution accounts

[Section 15 Amended by No. 62 of 1996, sched. 1 ][Section 15 Substituted by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] The Authority is to open and maintain in its corporate name such authorised deposit-taking institution accounts as it considers necessary.

16.   Money held on trust

(1)  The Authority may –

(a) accept money or property on trust; and

(b) act as trustee of money or property held by it on trust.

(2)  The Authority may invest any money held by it on trust and any money held by it for which it has no immediate use in any manner in which trustees are authorized to invest trust funds under the Trustee Act 1898 .

17.   Accounts and records

(1)  The Authority is to –

(a) keep proper accounts and records in relation to all its operations; and

(b) ensure all payments made by it are correctly made and properly authorized; and

(c) ensure that adequate control is maintained over –

(i) any assets of, or in the custody of, the Authority; and

(ii) the incurring of liabilities of the Authority.

(2)  The Authority, on or before 31 August in each year, is to –

(a) prepare financial statements with respect to the preceding financial year in the form, and containing the information, determined by the Treasurer; and

(b) provide the Auditor-General with the financial statements.

18.   Audit

The accounts and financial records of the Authority are subject to the Financial Management and Audit Act 1990 .

PART 4 - Offences

19.   Commercial activities not approved by Authority

A person in the Skifield Development Area, without the approval of the Authority, must not –

(a) sell or hire, or offer for sale or hire, any goods; or

(b) provide, or offer to provide, for reward accommodation or other services.

Penalty:  Fine not exceeding 10 penalty units together with a daily penalty of 0·5 penalty unit for each day during which the offence continues.

20.   Damage to Skifield Development Area

A person, without the approval of the Authority, must not –

(a) remove from the Skifield Development Area –

(i) any portion of a building or structure; or

(ii) any building material; or

(b) damage any building or other structure in the Skifield Development Area.

Penalty:  Fine not exceeding 50 penalty units.

21.   Lighting of fires

(1)  The Authority may –

(a) display a sign or notice in the Skifield Development Area designating places in which the lighting of fires is permitted; and

(b) state in that sign or notice the precautions to be taken in connection with the lighting of fires in those places.

(2)  A person must not –

(a) in lighting a fire in a place referred to in subsection (1) , contravene or fail to comply with a sign or notice displayed under that subsection; or

(b) light a fire in a place in the Skifield Development Area other than a place referred to in subsection (1) except with the written permission, and in accordance with any directions, of the Authority.

Penalty:  Fine not exceeding 20 penalty units.

PART 4A - Infringement notices and vehicle infringement notices

21A.   Interpretation

[Section 21A Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000] In this Part –

approved means approved by the Authority;

infringement notice means an infringement notice served under section 21B(1) ;

owner means the person registered as the owner in the record of motor vehicles kept under the Traffic Act 1925 ;

specified penalty means the penalty specified in an infringement notice;

vehicle infringement notice means a vehicle infringement notice served under section 21B(2) ;

withdrawal notice means a withdrawal notice served under section 21C(2) .

21B.   Service and acceptance of infringement notices and vehicle infringement notices

[Section 21B Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  An authorized officer may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence.

(2)  An authorized officer may serve a vehicle infringement notice on the owner of a vehicle if of the opinion that the vehicle has been used in relation to a prescribed offence.

(3)  An infringement notice or vehicle infringement notice is to –

(a) be in an approved form; and

(b) specify –

(i) the offence to which it relates; and

(ii) the penalty for that offence; and

(iii) that payment of the penalty is to be to a court of petty sessions; and

(iv) any other prescribed details.

(4)  An infringement notice or vehicle infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so he or she may be prosecuted for the offence to which the notice relates.

(5)  Subject to subsection (6) , a person may accept an infringement notice or vehicle infringement notice, unless it has been withdrawn, by –

(a) paying within 21 days of being served with the notice the specified penalty to a clerk of petty sessions; or

(b) lodging with a clerk of petty sessions within 21 days of being served with the notice a written undertaking to pay the specified penalty by any instalments or within any time the clerk may direct.

(6)  If an infringement notice or vehicle infringement notice served on a person has not been accepted by the person in either of the ways prescribed in subsection (5) , at the expiry of the appropriate period prescribed in that subsection, the clerk of petty sessions, by written notification to that person, may allow that person an additional period of 14 days commencing on the expiry of the first-mentioned period in which to accept the infringement notice or vehicle infringement notice.

(7)  A clerk of petty sessions may, at any time before a complaint and summons is issued for the relevant offence, accept –

(a) payment of the prescribed penalty; or

(b) a written undertaking to pay the penalty either wholly or by instalments within such time as the clerk may direct.

(8)  If an infringement notice or vehicle infringement notice in respect of a prescribed offence has been served on a person, proceedings are not to be brought against that person for that offence if the notice has been accepted and has not been withdrawn.

(9)  Whether or not an infringement notice or vehicle infringement notice is accepted, proceedings are not to be brought within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period under subsection (6) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period –

unless the notice has been withdrawn.

(10)  If an infringement notice or vehicle infringement notice in respect of an offence has been accepted by a person and has not been withdrawn, that acceptance, in relation to proceedings for any other offence, is to be treated as a conviction for the offence in respect of which the notice was served unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated.

(11)  Acceptance of an infringement notice or vehicle infringement notice is not to be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding.

21C.   Withdrawal of infringement notices and vehicle infringement notices

[Section 21C Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  An infringement notice or vehicle infringement notice that has been served on any person may, whether or not it has been accepted, be withdrawn as provided in subsection (2) at any time within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period under section 21B(6) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period.

(2)  For the purposes of subsection (1) , an infringement notice or vehicle infringement notice served on a person is withdrawn by the service on that person of a withdrawal notice signed by an authorized officer stating that the infringement notice or vehicle infringement notice has been withdrawn.

(3)  If an infringement notice or vehicle infringement notice has been withdrawn under this section and any sum has been paid to a clerk of petty sessions by way of penalty under that notice, the clerk is to repay the sum so paid to the person on whom the notice was served.

(4)  If an infringement notice or vehicle infringement notice has been served in respect of an offence and has been withdrawn, evidence of the service, acceptance or withdrawal of the notice is not admissible in any proceedings for that offence.

(5)  A reference in this Part to the withdrawal of an infringement notice or vehicle infringement notice is a reference to the withdrawal of the notice under this section.

21D.   Effect of undertaking to pay a prescribed penalty

[Section 21D Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  If an undertaking referred to in section 21B(5)(b) is lodged with a clerk of petty sessions, the clerk is to give directions to the person by whom the undertaking is given requiring the person to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions.

(2)  Before giving a direction under subsection (1) with respect to any person, the clerk is to –

(a) consider any representations made to the clerk by or on behalf of that person, whether at the time the undertaking is lodged or otherwise, with respect to the person's financial circumstances; and

(b) give such directions as, having regard to those representations and all the circumstances of the case, the clerk considers just and reasonable.

(3)  If a person fails to comply with any direction given under subsection (1) , similar proceedings may be had in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on the person on summary conviction for an offence.

21E.   Service of notices

[Section 21E Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  An infringement notice or withdrawal notice is to be served on a person by an authorized officer delivering it to the person.

(2)  A vehicle infringement notice may be served by affixing it to the vehicle in respect of which the offence occurred.

(3)  A person must not remove a vehicle infringement notice affixed to a vehicle so that the contents of the notice do not become known to the person in charge of the vehicle.

Penalty:  Fine not exceeding 1 penalty unit.

(4)  A notification under section 21B(6) by a clerk of petty sessions is to be served on a person by sending it by post addressed to the person at the place shown as his or her address in the relevant infringement notice or vehicle infringement notice.

21F.   Penalty to be paid into Consolidated Fund

[Section 21F Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000] Any sum paid to a clerk of petty sessions under this Part by way of penalty is to be paid into the Consolidated Fund.

21G.   Proceedings in relation to motor vehicle offences

[Section 21G Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  Unless the owner of a motor vehicle used in relation to a prescribed offence establishes a defence under this section, the owner is guilty of the offence whether or not the owner was driving, or was in charge of, the motor vehicle at the time of the offence.

(2)  It is a defence to proceedings in relation to a prescribed offence for the defendant to establish that he or she was not driving, or was not in charge of, the motor vehicle at the time of the occurrence of the offence.

(3)  A person is not entitled to rely on a defence under subsection (2) unless, within 21 days of being served with a complaint and summons relating to the offence, the person gives to the clerk of the court specified in the summons –

(a) written notice of the intention to rely on that defence; and

(b) a statutory declaration stating that at the time of the occurrence of the offence –

(i) the motor vehicle was being driven without the person's knowledge or consent; or

(ii) the motor vehicle was in the charge of another person and stating the name of that other person; or

(iii) the first-mentioned person had no right or interest in the motor vehicle.

(4)  Proceedings must not be heard in relation to a prescribed offence unless the defendant referred to in the complaint and summons was, at the time of being served with the complaint and summons, notified in writing of the provisions of this section.

(5)  A complaint and summons to which this section relates is to contain an address at which a notice under subsection (3) may be lodged.

(6)  A statutory declaration under subsection (3)(b) naming a person as being in charge of the motor vehicle is evidence in any proceedings for a prescribed offence that that person was at all relevant times relating to that offence in charge of the motor vehicle.

(7)  If a penalty has been imposed on, or recovered from, any person in relation to a prescribed offence, a further penalty must not be imposed on, or recovered from, any other person in relation to the offence.

21H.   More than one registered owner

[Section 21H Inserted by No. 32 of 2000, s. 7, Applied:16 Jun 2000]

(1)  If there are 2 or more registered owners of a motor vehicle, proceedings for a prescribed offence may be brought against one of those owners or against some or all of those owners jointly.

(2)  If there are 2 or more registered owners of a motor vehicle, a court may find the defendant or each of the defendants guilty of an offence if satisfied that –

(a) an offence has been committed; and

(b) a defence is not established under section 21G(2) .

(3)  If a fine is imposed on 2 or more registered owners of a motor vehicle who have been found guilty of a prescribed offence, the total of any fines imposed in respect of that offence is not to exceed the maximum fine that could have been imposed if only one of them had been found guilty of that offence.

PART 5 - Miscellaneous

22.   Other offences

A person must not enter the Skifield Development Area unless the person –

(a) pays the appropriate charge; or

(b) has the approval of the Authority.

Penalty:  Fine not exceeding 5 penalty units.

23.   Co-ordination of administration with National Parks and Wildlife Act 1970

(1)  The provisions of this Act do not affect –

(a) the status under Part III of the National Parks and Wildlife Act 1970 of any part of the Skifield Development Area; or

(b) the powers conferred on the Minister and on the Director by that Act and the Aboriginal Relics Act 1975 with respect to matters relating to fauna, flora, aboriginal sites and aboriginal relics.

(2)  Subject to subsection (3) , the Governor, by proclamation, may –

(a) declare the whole or part of the Ben Lomond National Park to form part of the Skifield Development Area; or

(b) [Section 23 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] declare any part of the Skifield Development Area to be reserved land in the class of national park within the meaning of the National Parks and Wildlife Act 1970 outside the control of the Authority.

(3)  The Governor may not make a proclamation under Part III of the National Parks and Wildlife Act 1970 altering or otherwise affecting the status of any part of the Skifield Development Area unless the Minister has first obtained from the Authority and the Director their views in relation to the changes proposed to be effected by the proclamation.

(4)  Section 26A of the National Parks and Wildlife Act 1970 and the Management Plan apply in relation to the Skifield Development Area as if references in them to the Secretary or the Director were references to the Authority.

(5)  For the purposes of the National Parks and Wildlife Act 1970 , the Authority is the managing authority for the Skifield Development Area.

23A.   Business licences, leases and licences under National Parks and Wildlife Act 1970

[Section 23A Inserted by No. 6 of 1997, s. 4, Applied:09 May 1997]

(1)  With respect to any business licence, lease or licence in force under the National Parks and Wildlife Act 1970 in relation to the Skifield Development Area, the Authority may exercise any of the powers given to the Minister under section 25F , 25H , 25I , 25J , 26AAA , 26AA or 26AB of that Act as if a reference in those sections to the Minister were a reference to the Authority.

(2)  Any right, obligation or power of the Minister or the Director under, or in connection with, a business licence, lease or licence, or any instrument related to that business licence, lease or licence is a right, an obligation or a power of the Authority.

(3)  A reference in any business licence, lease or licence to the Minister or the Director is taken to be a reference to the Authority.

24.   Powers of employees

(1)  An employee who has reasonable grounds for believing that a person has committed, or is committing, an offence against this Act may require that person to –

(a) state his or her name and address; and

(b) leave, and remove his or her possessions from, the Skifield Development Area.

(2)  A person must comply with a requirement under this section.

Penalty:  Fine not exceeding 2 penalty units.

25.   Seizure of articles

(1)  An employee may seize, or require a person to deliver to the employee, any article which the employee has reasonable grounds for believing was removed from, or brought into, the Skifield Development Area in contravention of this Act.

(2)  A person must comply with a requirement to deliver an article.

Penalty:  Fine not exceeding 2 penalty units.

(3)  An employee may retain any article seized, subject to any directions of the Authority, until the determination of any proceedings under this Act against the person from whom the article was seized.

(4)  A person may apply to a magistrate for the return of an article if proceedings are not instituted against the person for an offence under this Act.

(5)  A magistrate may direct that the article be returned to the person.

26.   Evidence as to extent of Skifield Development Area

In any proceedings for an offence under this Act, any place specified in the complaint as being within the Skifield Development Area is, in the absence of proof to the contrary, taken to be within the Skifield Development Area.

27.   Disclosure of interests

(1)  If a member of the Authority has or acquires any interest that would conflict with the proper performance of the member's functions in relation to a matter being considered or about to be considered by the Authority, the member must disclose the nature of that interest at a meeting of the Authority.

(2)  A disclosure under subsection (1) is to be recorded in the minutes of the meeting of the Authority and the member, unless the Authority otherwise determines, is not to –

(a) be present during any deliberation of the Authority with respect to that matter; or

(b) take part in any decision of the Authority with respect to that matter.

(3)  A member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates must not take part in the making of a determination under subsection (2) .

28.   Protection from liability

(1)  A member of, or person employed by, the Authority is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power or in the performance or purported performance of a function under this or any other Act.

(2)  Subsection (1) does not preclude the Authority from incurring liability that a member of, or person employed by, the Authority would, but for subsection (1) , incur.

29.   Regulations

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

(2)  Regulations under this Act may make provision for or with respect to the following:

(a) the care, control and management of the Skifield Development Area;

(b) the preservation and protection of, and the prevention of damage or injury to, the Skifield Development Area or anything in it;

(c) the prohibition or control of the removal of anything from the Skifield Development Area;

(d) the prohibition or control of the bringing into or over, and the use and possession in or over, the Skifield Development Area of any conveyance or thing;

(e) the conduct of persons in the Skifield Development Area;

(f) the exclusion or ejection of persons from the Skifield Development Area or any part of it;

(fa) [Section 29 Subsection (2) amended by No. 32 of 2000, s. 8, Applied:16 Jun 2000] the issue of infringement notices and vehicle infringement notices for certain offences;

(g) the making and collection of charges for admission to the Skifield Development Area or any part of it or the use of a public highway in the Skifield Development Area.

(3)  The regulations must not prohibit any person from entering, or remaining in, the Skifield Development Area or part of it unless the prohibition is –

(a) imposed because of the conduct or condition of the person; or

(b) on entering, or remaining in, the Skifield Development Area otherwise than in the company of an authorized officer; or

(c) necessary for the proper care, control or management of the Skifield Development Area.

(4)  The regulations may authorize any matter referred to in subsection (2) to be determined, applied or regulated by the Authority or any prescribed person.

(5)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

30.   Administration of Act

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

(a) the administration of this Act is assigned to the Minister for Environment and Land Management; and

(b) the Department responsible to the Minister for Environment and Land Management in relation to the administration of this Act is the Department of Environment and Land Management.

31.   Transitional provisions

The transitional provisions set out in Schedule 4 have effect.

SCHEDULE 1 - Membership of authority

Section 5

1.   Term of appointment

A member, other than the Director, is to be appointed for a period, not exceeding 3 years, specified in the member's instrument of appointment.

2.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; and

(b) accepting any remuneration payable to a member.

3.   Remuneration of members

(1) A member is entitled to receive remuneration, including travelling and subsistence allowances, agreed on by the Minister and the member.

(2) [Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member who is a State Service officer or State Service employee is not entitled to remuneration under subclause (1) except with the approval of the Minister administering the State Service Act 2000.

4.   Vacation of office

(1) A member, other than the Director, vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) or (3) .

(2) The Minister may remove a member, other than the Director, from office if the member –

(a) is absent from 2 consecutive meetings of the Authority without the Authority's permission; or

(b) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(d) fails, without reasonable excuse, to comply with section 27 .

(3) The Minister may remove a member from office if satisfied that the member –

(a) is no longer qualified to be appointed to the Authority; or

(b) is unable to perform adequately or competently the duties of office.

5.   Filling of vacancies

(1) If the office of a member, other than the Director, becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

(2) If a member is unable for any reason to perform the functions of a member, the Minister may appoint a suitable person to act in the office of that member for a period determined by the Minister.

6.   Validity of proceedings

(1) An act or proceeding of the Authority or of a person acting under the direction of the Authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Authority.

(2) An act or proceeding of the Authority or of a person acting under the direction of the Authority is valid even if –

(a) the appointment of a member was defective; or

(b) a person appointed as a member was disqualified from acting as, or incapable of being, a member.

7.   Presumptions

In any proceedings by or against the Authority, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Authority; or

(b) any resolution of the Authority; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Authority.

SCHEDULE 2 - Meetings of Authority

Section 5

1.   Interpretation

In this Schedule meeting means a meeting of the Authority.

2.   Convening of meetings

(1) The chairperson of the Authority –

(a) may convene a meeting at any time; and

(b) must convene a meeting if requested in writing by 2 or more members to do so.

(2) The first meeting of the Authority must be convened in accordance with directions given by the Minister.

3.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Authority is 3 members.

(2) Any duly convened meeting of the Authority at which a quorum is present is competent to transact any business of the Authority.

(3) Questions arising at a meting of the Authority are to be determined by a majority of votes of the members present and voting.

(4) A telephone or video conference between members is a meeting of the Authority at which the members participating in the conference are present.

4.   Chairperson

(1) The chairperson of the Authority is to preside at all meetings of the Authority.

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

(3) The person presiding at a meeting of the Authority has a deliberative vote and, in the event of an equality of votes, the motion is lost.

5.   General procedure

Subject to this Schedule, the procedure for the calling of, or for the conduct of business at, meetings is as determined by the Authority.

SCHEDULE 3 - Appointment and Employment of Employees of the Authority

Section 9

1.   Age of employees

(1) Subject to subclause (2) , the Authority must not appoint a person who is 65 years or older as an employee, and an employee who attains that age ceases to be employed by the Authority.

(2) The Authority may employ in a temporary capacity a person who is 65 years or older if the Authority is satisfied that the person has special qualifications and experience.

2.   General conditions of employment

The Authority may determine the conditions of employment, including remuneration, allowances and leave, of employees subject to any award or industrial agreement relating to persons engaged in the work for which they are employed.

3.   Employees not subject to State Service Act 2000

[Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] An employee, in his or her capacity as an employee of the Authority, is not subject to the provisions of the State Service Act 2000 .

4.   State Service employee appointed as employee of Authority

(1) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] If a State Service officer or State Service employee is appointed as an employee of the Authority–

(a) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] the officer or employee is entitled to retain all existing and accruing rights as if service as an employee of the Authority were a continuation of State Service employment; and

(b) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] section 50 of the State Service Act 2000 applies in respect of the filling of a vacancy under that Act as if service as an employee of the Authority were service as a State Service officer or State Service employee; and

(c) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] for the purposes of that section, the State Service officer or State Service employee is an officer or employee while remaining an employee of the Authority.

(2) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A person's service as an employee of the Authority is service as State Service employment for the purpose of determining any rights as a State Service officer or State Service employee, if the person–

(a) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] was such an officer or employee immediately before being employed by the Authority; and

(b) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] on ceasing to be an employee of the Authority, again becomes a State Service officer or State Service employee.

SCHEDULE 4 - Transitional Provisions

Section 31

1.   Agreements bind Authority

(1) On and after the commencement day, any agreement, contract, lease, licence or undertaking in relation to the Skifield Development Area that immediately before that day, was binding on the Minister or the Director, binds the Authority in substitution for the Minister or the Director.

(2) If immediately before the commencement day proceedings to which the Minister or the Director was a party were pending in any court in relation to a matter arising out of the management of any land forming part of the Skifield Development Area, the Minister or the Director, on and after the commencement day, continues to be a party to those proceedings.

2.   Transfer of assets

(1) On, or as soon as practicable after, the commencement day, the Minister is to transfer to the Authority any of the assets owned by the State and held or used, immediately before that day, in connection with the management by the Director of any land forming part of the Skifield Development Area that are, in the opinion of the Minister, appropriate to be used by the Authority in connection with the performance of its functions.

(2) The Director –

(a) is to execute any instrument required for the purposes of subclause (1) ; and

(b) is not to be personally subjected to any action, liability, claim or demand in respect of the execution in good faith of that instrument.

(3) On the transfer to the Authority of any asset, the Authority is –

(a) liable to satisfy the debts, liabilities and obligations of the State in relation to that asset; and

(b) bound by any covenant or trust in relation to that asset to which the State was subject.

3.   Leases and licences

A lease or licence, in respect of any land which forms part of the Skifield Development Area, that was granted by the Minister, on behalf of the Crown, under the Crown Lands Act 1976 or under any other Act for which that Act was substituted, and had not expired immediately before the commencement day is, on and after that day, taken to be granted, on behalf of the Crown, by the Authority.

4.   Transfer of staff from State Service

(1) The Minister by notice in the Gazette, after taking into consideration any advice given by the Authority and the Secretary, may specify –

(a) the offices of the State Service within the meaning of the Tasmanian State Service Act 1984 the holders of which on the commencement day become employees of the Authority; and

(b) the temporary employees within the meaning of that Act who, on that day, become temporary employees of the Authority.

(2) On the commencement day –

(a) the offices referred to in subclause (1) are abolished; and

(b) the persons holding those offices and the temporary employees referred to in subclause (1) are transferred to the employment of the Authority.

(3) Subject to any other Act or an award made under any other Act, if a person is transferred to the employment of the Authority under subclause (2) , that person –

(a) in respect of that employment, is entitled to the same rights and privileges as if the person had continued to hold an office in the State Service; or

(b) is employed by the Authority on the same terms and conditions as those to which the person was subject immediately before the commencement day.