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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Arkaroola Protection Bill 2011
A BILL FOR
An Act to provide for the establishment of the Arkaroola Protection Area;
to provide for the proper management of the Arkaroola Protection Area and
prohibit mining activities in the Arkaroola Protection Area; to make related
amendments to the Development
Act 1993, the Natural
Resources Management Act 2004 and the Pastoral
Land Management and Conservation Act 1989; and for other
purposes.
Contents
1Short title
2Commencement
3Interpretation
4Objects
5Administration
of Act
6Interaction with other Acts
7Management plan
8Review of
Development Plans
9Prohibition of mining operations and regulated
activities
10Regulations
Part 1—Preliminary
1Amendment
provisions
Part 2—Amendment of
Development Act 1993
2Amendment of section 22—The Planning
Strategy
3Amendment of section 24—Council or
Minister may amend a Development Plan
Part 3—Amendment of
Natural Resources Management Act 2004
4Amendment of section
75—Regional NRM plans
Part 4—Amendment of
Pastoral Land Management and Conservation Act 1989
5Amendment of
section 22—Conditions of pastoral leases
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Arkaroola Protection
Act 2011.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Arkaroola Protection Area means the area delineated in the
plan deposited in the General Registry Office at Adelaide as GRO plan
number 32/2011 (as that plan exists on
19 October 2011);
custodian means a person or body with the care, control and
management of land;
leasehold land means land subject to a lease under the Crown
Land Management Act 2009 or a pastoral lease;
mining Act means—
(a) the Mining
Act 1971; or
(b) the Opal
Mining Act 1995; or
(c) the Petroleum
and Geothermal Energy Act 2000;
mining operations means mining operations within the meaning
of the
Mining
Act 1971 or the Opal
Mining Act 1995, but does not include operations for the
rehabilitation of land or operations that are directly related to operations for
the rehabilitation of land;
native title holder has the same meaning as in the Native
Title (South Australia) Act 1994;
pastoral land means land subject to a pastoral
lease;
pastoral lease means a lease under the Pastoral
Land Management and Conservation Act 1989;
regulated activities has the same meaning as in the Petroleum
and Geothermal Energy Act 2000;
rehabilitation of land includes the filling in or sealing of
an excavation (including an open-cut excavation), the reinstatement, levelling,
contouring and revegetation of land, and the erection of signs and
fences.
The objects of this Act are—
(a) to provide for the
conservation of nature in the Arkaroola Protection Area, including the
conservation of—
(i) habitat, ecosystems and ecosystem processes; and
(ii) biological diversity at the community, species and genetic levels;
and
(iii) landforms of significance, including geological features and
processes; and
(iv) landscapes and natural features of significance; and
(b) to support the
conservation of objects, places or features of cultural value to the
Adnyamathanha people within the Arkaroola Protection Area; and
(c) to support scientific research and environmental monitoring in the
Arkaroola Protection Area (consistently with the preceding objects);
and
(d) to foster public appreciation, understanding and enjoyment of nature
and objects, places or features of cultural value in the Arkaroola Protection
Area (consistently with the preceding objects); and
(e) to ensure that—
(i) development in the Arkaroola Protection Area; and
(ii) the management of pastoral land and other land in the Arkaroola
Protection Area,
are consistent with the preceding objects.
The administration of this Act must be committed to the Minister
administering the National
Parks and Wildlife Act 1972.
Except where the contrary intention is expressed in this or any other Act,
this Act is in addition to and does not limit or derogate from the provisions of
any other Act.
(1) The Minister must, as soon as practicable after the commencement of
this section, develop a management plan for the Arkaroola Protection
Area.
(2) The management plan must be consistent with, and seek to further, the
objects of this Act.
(3) The Minister must,
before commencing to develop or to alter the management plan under this section,
undertake consultation with persons or bodies who hold interests in the
Arkaroola Protection Area in such manner as the Minister thinks fit.
(4) In addition to the
consultation required under
subsection (3), the
Minister must also undertake consultation with persons or bodies who hold
interests in an area that is adjacent to the Arkaroola Protection Area in such
manner as the Minister thinks fit.
(5) The Minister must,
once a draft of the proposed management plan or a draft of a proposed alteration
to the management plan, has been prepared, undertake public consultation
(including consultation with persons or bodies referred to in
subsections (3) and
(4)) in relation to the
draft in such manner as the Minister thinks fit.
(6) Following
public consultation under
subsection (5), the
Minister may adopt the proposed management plan or alteration—
(a) without change; or
(b) with such changes as the Minister thinks reasonable in view of any
representations made in the course of the public consultation (but if it appears
to the Minister that the changes are significant or substantial then the
Minister must undertake additional consultation with persons or bodies who hold
interests in the Arkaroola Protection Area in such manner as the Minister thinks
fit before adopting the proposed plan or alteration).
(7) The management plan
developed under this section, and any alteration to the plan, will have effect
from the day on which it is published in the Gazette.
(8) The management plan under this section is an expression of policy and
does not in itself affect rights or liabilities (whether of a substantive,
procedural or other nature).
(9) A person or body involved in the administration of an Act must, in
exercising powers and functions in relation to the Arkaroola Protection Area,
act consistently with and seek to further the management plan under this
section.
(10) For the purposes of this section, a person or body holds an interest
in the Arkaroola Protection Area, or in an adjacent area (as the case requires),
if the person or body is, in relation to any part of the area—
(a) a native title holder; or
(b) an owner of land; or
(c) a lessee of leasehold land; or
(d) a holder of a tenement in relation to land; or
(e) a custodian of land.
(1) The Minister responsible for the administration of the Development
Act 1993 must ensure that any Development Plan under that Act that
relates to the Arkaroola Protection Area, or a part of the Arkaroola Protection
Area, is reviewed within 6 months after the management plan is first
published in the Gazette under
section 7(7) for the
purpose of determining whether any amendments should be made to the Development
Plans to promote consistency with the management plan.
(2) The Minister responsible for the administration of the Development
Act 1993 must consult with, and have regard to, the views of the
Minister responsible for the administration of this Act in relation to the
reviews conducted under this section.
9—Prohibition
of mining operations and regulated activities
(1) After the
commencement of this section, rights to undertake mining operations or regulated
activities cannot be acquired or exercised pursuant to a mining Act in respect
of land within the Arkaroola Protection Area.
(2)
Subsection (1) has
effect despite the provisions of any other Act.
(3) However, nothing in this Act affects the rights of an adjacent
tenement holder in respect of any land comprised in the tenement that is outside
the Arkaroola Protection Area.
(1) The Governor may
make such regulations as are contemplated by, or necessary or expedient for the
purposes of, this Act.
(2) The regulations may—
(a) prohibit or restrict the undertaking of a specified activity, or an
activity of a specified class, within the Arkaroola Protection Area or a
specified part of the Arkaroola Protection Area (despite any other Act or
law);
(b) provide that a
person undertaking a specified activity, or an activity of a specified class, or
proposing to undertake a specified activity, or an activity of a specified
class, within the Arkaroola Protection Area or a specified part of the Arkaroola
Protection Area comply with any prescribed requirement or condition (despite any
other Act or law);
(c) prescribe fines (not exceeding $10 000) for offences against the
regulations;
(d) provide for facilitation of proof of the commission of offences
against the regulations.
(3) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or any
other person or body.
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Development
Act 1993
2—Amendment
of section 22—The Planning Strategy
Section 22(3a)—before "and the appropriate Minister"
insert:
and
(d) the objects of the Arkaroola
Protection Act 2011,
3—Amendment
of section 24—Council or Minister may amend a Development
Plan
(1) Section 24(1)—before paragraph (fc) insert:
(fbc) where the purpose of the amendment is to promote consistency with
the management plan under the Arkaroola
Protection Act 2011—by the Minister; or
(2) Section 24(3)—after the final paragraph insert:
or
(e) relates to any part of the Arkaroola Protection Area, within the
meaning of the Arkaroola
Protection Act 2011—the Minister must consult with and have
regard to the views of the Minister responsible for the administration of that
Act.
Part 3—Amendment of Natural Resources
Management Act 2004
4—Amendment
of section 75—Regional NRM plans
Section 75(5)—after paragraph (f) insert:
(fa) if the plan relates to any part of the Arkaroola Protection Area
under the Arkaroola
Protection Act 2011—the management plan under that Act;
and
Part 4—Amendment of Pastoral Land
Management and Conservation Act 1989
5—Amendment
of section 22—Conditions of pastoral leases
Section 22(1)(b)—after subparagraph (vi) insert:
(vii) in the case of a pastoral lease relating to land in the Arkaroola
Protection Area under the Arkaroola
Protection Act 2011—the lessee's obligation to use the land
in accordance with the management plan under that Act;