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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Wilderness Protection (Miscellaneous) Amendment
Bill 2012
A BILL FOR
An Act to amend the Wilderness
Protection Act 1992; and to make related amendments to the National
Parks and Wildlife Act 1972.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Wilderness
Protection Act 1992
4Amendment of
section 26—Prohibition of other activities
5Amendment of section 28—Control and
administration of wilderness protection areas and zones
6Insertion of Part 3
Division 4
Division 4—Co-management of wilderness
protection areas and zones
33ACo-management of wilderness protection areas or
zones
7Insertion of section
38A
38AEntrance fees etc for
wilderness protection areas or zones
Schedule 1—Further amendments of
Wilderness Protection Act 1992
Schedule 2—Related amendments of
National Parks and Wildlife Act 1972
1Amendment of
section 45A—Interpretation and application
2Amendment of
section 45F—Functions of Trust
3Amendment of
section 45M—Establishment of Fund
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Wilderness Protection (Miscellaneous)
Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Wilderness Protection
Act 1992
4—Amendment
of section 26—Prohibition of other activities
Section 26—after subsection (4) insert:
(5) A person must not
undertake any of the following activities in a wilderness protection area or
wilderness protection zone except in accordance with a licence granted by the
Director:
(a) taking groups of people on sight seeing or scientific
expeditions;
(b) filming for commercial purposes;
(c) conducting tours for fee or reward;
(d) conducting surfing, fishing or any other kind of
competition;
(e) selling or hiring goods or offering goods for sale or hire;
(f) providing, or offering to provide, any service for fee or
reward;
(g) conducting scientific experiments;
(h) an activity of any kind for the purpose of fundraising or making a
profit.
Maximum penalty: $5 000.
Expiation fee: $315.
(6) A licence granted by the Director under
subsection (5)—
(a) may be subject to such conditions as the Director thinks fit and
specifies in the licence; and
(b) may be varied or revoked by the Director as the Director thinks fit;
and
(c) cannot be transferred or otherwise dealt with except with the consent
of the Director.
5—Amendment
of section 28—Control and administration of wilderness protection areas
and zones
(1) Section 28(2)—delete "subsection (3)" and
substitute:
subsections (3) and (4)
(2) Section 28(4) and (5)—delete subsections (4)
and (5) and substitute:
(4) A lease or
licence in force in respect of land immediately before the constitution of the
land as a wilderness protection area or zone, remains in force if the lease or
licence is preserved by the proclamation constituting the land as a wilderness
protection area or zone.
(5) A proclamation must not preserve a lease or licence under
subsection (4)
unless the Governor has considered whether the lease or licence by its operation
will cause, or contribute to, a reduction in the degree to which the land meets
the wilderness criteria.
(6) A lease or licence preserved under
subsection (4)
continues in force—
(a) for the remainder of its term or, if a term is specified in the
proclamation, for that term; and
(b) subject to any modification specified in the proclamation;
and
(c) as if it had been entered into by the Minister under this
section.
(7) Despite any
other Act or law, the Minister may—
(a) renew a lease
or licence preserved under
subsection (4)
on terms and conditions that are substantially the same as the terms and
conditions of the preserved lease or licence; or
(b) if the term of a lease or licence preserved under
subsection (4),
or a lease or licence renewed under
paragraph (a),
has expired—grant a new lease or licence in respect of the same land for
purposes, and on terms and conditions, that are substantially the same as the
preserved lease or licence.
(8) A lease or licence cannot be transferred or otherwise dealt with
except with the consent of the Minister.
(9) The Minister may direct that money paid under a lease or licence be
paid to a Trust established under the National Parks Act.
6—Insertion
of Part 3 Division 4
After section 33 insert:
Division 4—Co-management of wilderness protection
areas and zones
33A—Co-management of wilderness protection areas or
zones
(1) A co-management
agreement may be entered into for a wilderness protection area or wilderness
protection zone in the same way as a co-management agreement may be entered into
for a park or reserve under the National Parks Act.
(2) A co-management board for a wilderness protection area or wilderness
protection zone that is subject to a co-management agreement (a co-managed
wilderness protection area or zone) may be established by the Governor
by regulation in the same way as a co-management board may be established for a
park or reserve under the National Parks Act.
(3) Part 3 Division 6A of the National Parks Act (together with
any definitions contained in the Act of terms used in that Division) applies as
if it forms part of this Division, subject to the following
modifications:
(a) the objects of the Division are to be read as if they included an
additional object of providing, as far as practicable, for the restoration of
land and its ecosystems to their condition before European colonisation and the
protection of land and its ecosystems from the effects of modern technology and
exotic animals and plants and other exotic organisms;
(b) a reference to a park or reserve is to be read as a reference to a
wilderness protection area or zone;
(c) a reference to the Minister is to be read as a reference to the
Minister responsible for the administration of this Act;
(d) a reference to a plan of management for a park or reserve is to be
read as a reference to a plan of management for a wilderness protection area or
zone under this Act;
(e) a reference to a warden is to be read as a reference to a warden under
this Act;
(f) any other modifications prescribed by the regulations.
(4) Whether the Minister or a co-management board has control of a
co-managed wilderness protection area or zone is to be determined, despite
section 28(1), in the same way as for a co-managed park or reserve under
the National Parks Act.
(5) Whether the Director or a co-management board has the management of a
co-managed wilderness protection area or zone is to be determined, despite
section 29(1), in the same way as for a co-managed park or reserve under
the National Parks Act.
(6) In its application in relation to land that is, or is to be,
constituted as a co-managed wilderness protection area or zone, this Act is to
be read subject to the following modifications:
(a) a proclamation under Part 3 Division 1 or 2 in respect
of Aboriginal-owned land (within the meaning of the National Parks Act) may only
be made—
(i) in the case of a proclamation constituting Aboriginal-owned land as a
wilderness protection area or wilderness protection zone—
(A) if there is a co-management agreement providing for the establishment
of the area or zone; and
(B) a co-management board for the area or zone has been, or is to be,
established; and
(C) any conditions specified in the co-management agreement for the making
of the proclamation have, in the opinion of the Minister, been met;
and
(ii) in any case—if the registered proprietor agrees to the making
of the proclamation;
(b) section 22(6) does not apply in relation to a co-managed
wilderness protection area or zone comprised of Aboriginal-owned land and, in
such a case, the Minister must instead comply with the following requirements
before making a recommendation under section 22(5)—
(i) if the Wilderness Advisory Committee has not provided the Minister
with a report setting out its views in relation to the proposal and to the
future management of the land—the Minister must obtain such a report from
the Committee;
(ii) the Minister must provide a copy of the Committee's report to the
owner of the land to which the proposal relates;
(iii) the Minister must invite the owner of the land to make submissions
to the Minister in relation to the Committee's report; and
(iv) the Minister must refer all submissions made in response to the
invitation to the Wilderness Advisory Committee for comment and must, before
making a recommendation to the Governor, consider all submissions and the
comments of the Committee; and
(v) if the Minister decides to defer, or not to proceed with, the
proposal—the Minister must give notice to the owner of the land setting
out the reasons for the decision;
(c) a reference in section 26 to the Director is to be read as a
reference to the Director or the co-management board according to whether the
Director or the board has responsibility for the management of the land to which
the relevant approval or licence relates;
(d) a reference in section 28(5), (6) and (7) to the Minister is
to be read as a reference to the Minister or the co-management board according
to whether the Minister or the board has control of the relevant land;
(e) section 28(8) does not apply in relation to a co-managed
wilderness protection area or zone comprised of Aboriginal-owned land and, in
such a case, money payable under a lease or licence in respect of the area or
zone is payable to the co-management board for the area or zone;
(f) any direction given to the Director under section 29(2) must be
consistent with the co-management agreement for the area or zone;
(g) if a co-management board is responsible for the management of the area
or zone, the board must comply with section 30 in the same way as the
Director must comply with that section;
(h) if the Director is responsible for the management of the area or zone,
the Director must seek or consider the advice of an advisory committee (the
co-management committee for the area or zone) as set out in the
co-management agreement;
(i) the area or zone must be managed in accordance with the co-management
agreement for the area or zone;
(j) the co-management board or co-management committee for the area or
zone must be involved in the preparation, review, adoption or amendment of a
plan of management for the area or zone in the same way as a co-management board
or co-management committee is involved in the preparation, review, adoption or
amendment of a plan of management for a park or reserve under the National Parks
Act;
(k) except in an emergency, the Minister may only make a notice under
section 33—
(i) in relation to an area or zone for which there is a co-management
board—if the board has agreed to the making of the notice; or
(ii) in relation to an area or zone for which there is a co-management
committee—if the committee has been consulted about the making of the
notice;
(l) the Minister may, at the request of the co-management board or
co-management committee for the area or zone, exempt members of the relevant
Aboriginal group from a restriction applying under section 33 to the area
or zone;
(m) a reference in section 38A to the Director is to be read as a
reference to the Director or the co-management board according to whether the
Director or the board has responsibility for management of the area to which the
fees fixed under that section relate;
(n) section 38A(3) does not apply in relation to an area or zone
comprised of Aboriginal-owned land, and in such a case, fees fixed under
section 38A(1) are payable to the co-management board for the area or
zone.
After section 38 insert:
38A—Entrance fees etc for wilderness protection
areas or zones
(1) Fees for
entrance to wilderness protection areas or zones, fees for camping or other
accommodation in wilderness protection areas or zones, fees for activities
authorised by a licence or permit, or permission granted under the regulations
and fees for the use of facilities and services provided in wilderness
protection areas or zones may be fixed by the Director with the approval of the
Minister.
(2) The Director may waive or refund the whole or part of a fee.
(3) A fee payable under
subsection (1)
must be paid to the Trust established for the area or zone under the National
Parks Act.
Schedule 1—Further
amendments of Wilderness Protection
Act 1992
Provision amended |
How amended |
---|---|
Section 15(2), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500. |
Section 15(7), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500. |
Section 15(8), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500. |
Section 16(9), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $5 000. |
Section 18(1), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $5 000. |
Section 18(2), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $5 000. |
Section 18(3), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $10 000 or imprisonment for 2 years. |
Section 20, penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500 or imprisonment for 3 months. |
Section 25(9), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $20 000 or imprisonment for 4 years or
both. |
Section 26(3), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $20 000 or imprisonment for 4 years or
both. |
Section 26(4), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $20 000 or imprisonment for 4 years or
both. |
Section 27, penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $20 000 or imprisonment for 4 years or
both. |
Section 33(3), penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $2 500. |
Section 34, penalty provision |
Delete the penalty provision and substitute: Maximum penalty: $20 000. |
Schedule 2—Related
amendments of National Parks and Wildlife
Act 1972
1—Amendment
of section 45A—Interpretation and application
Section 45A(1), definition of reserve—delete the
definition and substitute:
reserve means a park, reserve, wilderness protection area or
wilderness protection zone and includes a part of a park, reserve, wilderness
protection area or wilderness protection zone or any 2 or more parks,
reserves, wilderness protection areas or wilderness protection zones;
2—Amendment
of section 45F—Functions of Trust
Section 45F(2c)—after paragraph (c) insert:
(ca) under the Wilderness
Protection Act 1992; or
3—Amendment
of section 45M—Establishment of Fund
Section 45M(3)—before paragraph (e) insert:
(da) money required to be paid into the Fund under the Wilderness
Protection Act 1992; and