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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Conservation Legislation Amendment Bill 2010 CONTENTS Part 1 -- Preliminary matters 1. Short title 2 2. Commencement 2 Part 2 -- Conservation and Land Management Act 1984 amended 3. Act amended 3 4. Section 3 amended 3 5. Section 4 amended 6 6. Part II heading replaced 6 Part II -- Land subject to this Act 7. Section 5 amended 7 8. Sections 8A, 8B and 8C inserted 7 8A. CEO may agree to manage private or other land 7 8B. Effect of s. 8A agreements 12 8C. Certain land may be put under CEO's management 14 9. Section 14 amended 14 10. Sections 16, 16A and 16B deleted 14 11. Section 17 amended 15 12. Section 19 amended 15 13. Section 20 amended 17 14. Section 26B amended 18 15. Section 26D amended 20 16. Section 33 amended 20 17. Section 33A amended 22 18. Section 53 amended 23 19. Section 54 amended 24 20. Section 56A inserted 25 174--2 page i Conservation Legislation Amendment Bill 2010 Contents 56A. Management plans may require CEO to manage land jointly 25 21. Section 56 amended 27 22. Section 57A inserted 28 57A. Ascertaining value of land to Aboriginal persons 28 23. Section 57 amended 29 24. Section 59 amended 29 25. Section 59A inserted 31 59A. Plans to be submitted to Minister 31 26. Section 60 amended 31 27. Section 62 amended 32 28. Section 64 amended 35 29. Part VIII Division 1A inserted 35 Division 1A -- General matters 86A. Restrictions on performance of functions 35 30. Section 87 amended 36 31. Section 87A amended 36 32. Section 97 amended 37 33. Section 97A amended 37 34. Section 98 amended 38 35. Section 99 amended 38 36. Section 99A amended 39 37. Section 100 amended 39 38. Section 101 amended 40 39. Section 102 amended 40 40. Sections 103A and 103B inserted 40 103A. Aboriginal persons may do things for customary purposes 40 103B. People acting under s. 8A agreements, defence for 44 41. Section 103 amended 44 42. Section 126 amended 45 43. Section 128A inserted 45 128A. Regulations as to s. 8C land 45 44. Section 130 amended 46 45. Section 130B inserted 46 130B. Relationship to regulations made under the Land Administration Act 1997 46 46. Section 143 inserted 46 143. Review of amendments made by Conservation Legislation Amendment Act 2010 46 page ii Conservation Legislation Amendment Bill 2010 Contents Part 3 -- Wildlife Conservation Act 1950 amended 47. Act amended 48 48. Section 6 amended 48 49. Section 23 replaced 48 23. Aboriginal persons may take flora and fauna for customary purposes 48 page iii Western Australia LEGISLATIVE COUNCIL (As amended in Committee) Conservation Legislation Amendment Bill 2010 A Bill for An Act to amend the Conservation and Land Management Act 1984 and the Wildlife Conservation Act 1950. The Parliament of Western Australia enacts as follows: page 1 Conservation Legislation Amendment Bill 2010 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Conservation Legislation Amendment Act 2010. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Part 1 -- on the day on which this Act receives the 7 Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 3 1 Part 2 -- Conservation and Land Management Act 1984 2 amended 3 3. Act amended 4 This Part amends the Conservation and Land Management 5 Act 1984. 6 4. Section 3 amended 7 (1) In section 3 delete the definitions of: 8 associated body 9 conservation park 10 marine management area 11 marine nature reserve 12 marine park 13 national park 14 nature reserve 15 State forest 16 timber reserve 17 (2) In section 3 insert in alphabetical order: 18 19 Aboriginal person means a person wholly or partly 20 descended from the original inhabitants of Australia; 21 associated body means each person or body that, 22 jointly with either the Conservation Commission or the 23 Marine Authority -- 24 (a) is vested with land, or land and waters; or 25 (b) has the care, control and management of land, 26 or land and waters; 27 conservation park means land that is a conservation 28 park under section 6(4) or is treated as a conservation 29 park under section 8B(2); page 3 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 4 1 exclusive native title, in relation to an area of land or 2 waters, means native title rights and interests (as 3 defined in section 223 of the NT Act) -- 4 (a) that exist in relation to the area, whether or not 5 they have been determined under the NT Act to 6 exist; and 7 (b) that confer possession, occupation, use and 8 enjoyment of the area on the holders of the 9 native title rights and interests to the exclusion 10 of all others; 11 intertidal zone means the land, or the land and waters, 12 below the high water mark and above the low water 13 mark; 14 land to which this Act applies has the meaning given 15 in sections 5(1) and 8B(2) and (3); 16 marine management area means waters, land, or land 17 and waters, that are a marine management area under 18 section 6(6); 19 marine nature reserve means waters, land, or land and 20 waters, that are a marine nature reserve under 21 section 6(6); 22 marine park means waters, land, or land and waters, 23 that are a marine park under section 6(6); 24 Minister for Indigenous Affairs means the Minister to 25 whom the administration of the Aboriginal Affairs 26 Planning Authority Act 1972 and the Aboriginal 27 Heritage Act 1972 is committed, or each of the 28 Ministers to whom their administration is committed; 29 national park means land that is a national park under 30 section 6(3) or is treated as a national park under 31 section 8B(2); 32 nature reserve means land that is a nature reserve 33 under section 6(5) or is treated as a nature reserve 34 under section 8B(2); page 4 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 4 1 non-exclusive native title, in relation to an area of land 2 or waters, means native title rights and interests (as 3 defined in section 223 of the NT Act) -- 4 (a) that exist in relation to the area, whether or not 5 they have been determined under the NT Act to 6 exist; and 7 (b) that do not confer possession, occupation, use 8 and enjoyment of the area on the holders of the 9 native title rights and interests to the exclusion 10 of all others; 11 NT Act means the Native Title Act 1993 12 (Commonwealth); 13 section 8A agreement means an agreement made under 14 section 8A; 15 section 8A land means land, waters, or land and 16 waters, that are the subject of a section 8A agreement; 17 section 8C land means land that, under an order made 18 under section 8C, is managed by the CEO; 19 State forest means land that is a State forest under 20 section 6(1) or is treated as a State forest under 21 section 8B(2); 22 timber reserve means land that is a timber reserve 23 under section 6(2) or is treated as a timber reserve 24 under section 8B(2); 25 page 5 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 5 1 5. Section 4 amended 2 After section 4(4) insert: 3 4 (5) Nothing in this Act or in a management plan or in a 5 section 8A agreement -- 6 (a) prevents the CEO or any other person from 7 taking any action permitted under the 8 Aboriginal Heritage Act 1972 -- 9 (i) in respect of land to which this Act 10 applies or section 8A land or section 8C 11 land; or 12 (ii) in respect of any decision made under 13 that Act in respect of that land; 14 or 15 (b) limits any action the CEO or any other person 16 may take under that Act in respect of that land; 17 or 18 (c) prevents the CEO, or any other person, who is 19 authorised under that Act to do any act in 20 respect of that land from doing the act. 21 22 6. Part II heading replaced 23 Delete the heading to Part II and insert: 24 25 Part II -- Land subject to this Act 26 page 6 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 7 1 7. Section 5 amended 2 In section 5(1)(h) delete "Authority" and insert: 3 4 Authority, whether solely or jointly with 5 another person. 6 7 8. Sections 8A, 8B and 8C inserted 8 At the end of Part II Division 1 insert: 9 10 8A. CEO may agree to manage private or other land 11 (1) In this section -- 12 agreed area, in relation to an agreement made under 13 this section, means the eligible land to which the 14 agreement applies; 15 alienated land has the meaning given in the Land 16 Administration Act 1997 section 3(1); 17 Crown land has the meaning given in the Land 18 Administration Act 1997 section 3(1); 19 eligible land means land, waters, or land and waters, 20 that are above the low water mark and are -- 21 (a) alienated land; or 22 (b) Crown land unless it is -- 23 (i) land to which this Act applies; or 24 (ii) section 8C land; 25 person responsible, for eligible land, means -- 26 (a) if the land is alienated land, each of these 27 persons -- 28 (i) the owner; page 7 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 8 1 (ii) any person who has an interest in the 2 land that is registered under the Transfer 3 of Land Act 1893 or the Registration of 4 Deeds Act 1856; 5 (iii) the lessee, if any, of the land; 6 (b) if the land is Crown land, each of these 7 persons -- 8 (i) the Land Administration Minister; 9 (ii) the management body (as defined in the 10 Land Administration Act 1997 11 section 3(1)), if any, of the land under 12 that Act; 13 (iii) the person, if any, in whom the land is 14 vested under a written law other than 15 that Act; 16 (iv) the person, if any, who has the control 17 and management of the land under a 18 written law other than that Act; 19 (v) the lessee, if any, of the land; 20 (vi) if exclusive native title has been 21 determined under the NT Act to exist in 22 relation to the land, the registered native 23 title body corporate (as defined in 24 section 253 of the NT Act) in respect of 25 the native title rights and interests 26 concerned. 27 (2) This section does not affect the operation of the 28 NT Act in relation to any person who claims or holds 29 exclusive native title or non-exclusive native title. 30 (3) An agreement may be made under this section in 31 respect of Crown land that is the subject of an interest 32 (as defined in the Land Administration Act 1997 33 section 3(1)) granted or entered into under that Act, 34 notwithstanding that Act. page 8 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 8 1 (4) An agreement made under this section cannot apply to 2 any land, waters, or land and waters to which a mining 3 lease, or a general purpose lease, granted under the 4 Mining Act 1978, applies. 5 (5) The CEO may enter into an agreement under which the 6 CEO agrees to manage an area of eligible land, either 7 alone or jointly with one or more other persons -- 8 (a) as if the agreed area were one of these 9 categories of land under this Act -- 10 (i) a State forest; 11 (ii) a timber reserve; 12 (iii) a national park; 13 (iv) a conservation park; 14 (v) a nature reserve; 15 or 16 (b) for a public purpose that is consistent with this 17 Act. 18 (6) An agreement made under this section cannot agree to 19 manage an area of eligible land as if it were -- 20 (a) a marine management area; or 21 (b) a marine nature reserve; or 22 (c) a marine park. 23 (7) An agreement made under this section may require the 24 Conservation Commission to assess the 25 implementation of the management plan for the agreed 26 area. 27 (8) The parties to an agreement made under this section 28 must include -- 29 (a) the person responsible, or at least one of the 30 persons responsible, for the agreed area; and 31 (b) the CEO; and page 9 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 8 1 (c) if it provides for the CEO to manage the agreed 2 area jointly with one or more other persons, 3 each such person who is not already a party; 4 and 5 (d) if it requires the Conservation Commission to 6 assess the implementation of the management 7 plan for the agreed area, the Conservation 8 Commission. 9 (9) An agreement made under this section has no effect 10 unless the Minister for Fisheries, the Minister for 11 Forest Products, the Minister for Indigenous Affairs, 12 the Minister for Mines and the Minister (Water 13 Resources) have each been given -- 14 (a) in writing, notice of, and an invitation to give 15 the CEO submissions about, the proposed 16 agreement; and 17 (b) a reasonable time to respond. 18 (10) An agreement made under this section has no effect 19 unless the local government of each local government 20 district in which the agreed area is situated -- 21 (a) is a party to the agreement; or 22 (b) was given, before the agreement was made -- 23 (i) in writing, notice of, and an invitation to 24 give the CEO submissions about, the 25 proposed agreement; and 26 (ii) a reasonable time to respond. 27 (11) An agreement made under this section in respect of any 28 eligible land has no effect unless -- 29 (a) each person responsible for the land is either a 30 party, or has given written approval, to it; and 31 (b) the Minister has given written approval to it. page 10 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 8 1 (12) If the agreed area under an agreement made under this 2 section is or includes the intertidal zone, the agreement 3 has no effect in relation to that land unless -- 4 (a) the chief executive officer of the Fisheries 5 Department is a party to it; or 6 (b) the Minister for Fisheries has given written 7 approval to it. 8 (13) An agreement made under this section that says the 9 CEO is to manage the agreed area jointly with another 10 person must include, in addition to any other terms, 11 terms that do the following -- 12 (a) establish a joint management body to manage 13 the area; 14 (b) state the members of the body which must 15 include at least -- 16 (i) the CEO or a person nominated by the 17 CEO; and 18 (ii) a person to represent the interests of 19 each other party to the agreement; 20 (c) establish the body's procedures. 21 (14) An agreement made under this section for the 22 management of land for a public purpose that is 23 consistent with this Act must include, in addition to 24 any other terms, terms that -- 25 (a) state the purpose for which the agreed area is to 26 be managed; and 27 (b) state the policies or guidelines to be followed, 28 and summarise the operations to be undertaken, 29 in the management of the agreed area. 30 (15) If an agreement made under this section applies to land 31 to which a pastoral lease, or a lease for grazing 32 purposes, granted under the Land Administration 33 Act 1997, applies, the lessee remains entitled to use the page 11 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 8 1 land for grazing purposes in accordance with the lease, 2 except to the extent that the agreement otherwise 3 provides. 4 8B. Effect of s. 8A agreements 5 (1) A section 8A agreement has no effect to the extent it 6 binds the CEO to do anything in relation to the 7 section 8A land concerned that is inconsistent with or 8 contrary to the provisions of section 56(1) that relate to 9 the land by virtue of it being treated, under 10 subsection (2), as if it were of a category of land 11 referred to in section 56(1). 12 (2) If under a section 8A agreement the section 8A land 13 concerned is to be managed as if it were land of a 14 category listed in section 8A(5)(a) -- 15 (a) the land is to be treated under this Act as if it 16 were land, waters, or land and waters, as the 17 case requires, of that category and reserved for 18 that category's purpose; and 19 (b) the land becomes land to which this Act applies 20 for the purposes of this Act, 21 but -- 22 (c) the land does not become land of that category, 23 or land reserved for that category's purpose, or 24 land to which this Act applies, for the purposes 25 of any written law other than this Act; and 26 (d) sections 9 and 17 do not apply to the land; and 27 (e) the land is not Crown land for the purposes of 28 Part VIII Division 1 by reason only of 29 paragraph (b) of the definition of Crown land 30 in section 87(1); and 31 (f) the land does not vest in the Conservation 32 Commission; and page 12 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 8 1 (g) a party to the agreement who is not a person 2 responsible for the land (as defined in 3 section 8A(1)) is not an occupier of the land for 4 the purposes of the Mining Act 1978; and 5 (h) any right (whether arising before or after the 6 agreement is made) a person has under this Act 7 or another written law that may be exercised on 8 or in relation to the land is not affected unless 9 the person is a party to the agreement and the 10 agreement provides otherwise; and 11 (i) any right a person has under the common law to 12 carry out recreational fishing on the land is not 13 affected. 14 (3) If under an agreement made under section 8A(5)(b) the 15 section 8A land concerned is to be managed for a 16 public purpose that is consistent with this Act, the land 17 becomes land to which this Act applies for the 18 purposes of this Act but -- 19 (a) the land does not become land to which this Act 20 applies for the purposes of any written law 21 other than this Act; and 22 (b) section 17 does not apply to the land; and 23 (c) the land is not Crown land for the purposes of 24 Part VIII Division 1 by reason only of 25 paragraph (a) of the definition of Crown land 26 in section 87(1); and 27 (d) a party to the agreement who is not a person 28 responsible for the land (as defined in 29 section 8A(1)) is not an occupier of the land for 30 the purposes of the Mining Act 1978; and 31 (e) any right (whether arising before or after the 32 agreement is made) a person has under this Act 33 or another written law that may be exercised on 34 or in relation to the land is not affected unless page 13 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 9 1 the person is a party to the agreement and the 2 agreement provides otherwise; and 3 (f) any right a person has under the common law to 4 carry out recreational fishing on the land is not 5 affected. 6 8C. Certain land may be put under CEO's management 7 (1) In this section -- 8 eligible land means any Crown land, as defined in the 9 Land Administration Act 1997 section 3, that is -- 10 (a) unallocated Crown land as defined in that 11 section; or 12 (b) an unmanaged reserve as defined in that 13 section. 14 (2) On the recommendation of the Minister and the Land 15 Administration Minister, the Governor, by order -- 16 (a) may place any eligible land under the 17 management of the CEO; and 18 (b) may specify the CEO's functions in relation to 19 managing the land. 20 (3) On the recommendation of the Minister and the Land 21 Administration Minister, the Governor, by order, may 22 vary or cancel an order made under subsection (2). 23 24 9. Section 14 amended 25 In section 14(2d) before "apply" insert: 26 27 and (2) 28 29 10. Sections 16, 16A and 16B deleted 30 Delete sections 16, 16A and 16B. page 14 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 11 1 11. Section 17 amended 2 In section 17(2) delete "vested" and insert: 3 4 vested, or which has the care, control and management 5 of the land, 6 7 12. Section 19 amended 8 (1) In section 19(1): 9 (a) delete "Commission are --" and insert: 10 11 Commission are as follows -- 12 13 (b) in paragraph (b) delete "it;" and insert: 14 15 it, whether solely or jointly with another person; 16 17 (c) in paragraph (c)(iii) delete "and (e);" and insert: 18 19 and (e) and (2); 20 21 (d) delete paragraphs (e), (f) and (g) and insert: 22 23 (e) in accordance with section 17, to consider any 24 cancellation or change of purpose, or boundary 25 alteration, of land vested in or under the care, 26 control and management of the Conservation 27 Commission, whether solely or jointly with an 28 associated body; 29 (f) in accordance with Part V, to prepare and deal 30 with proposed management plans for land 31 vested in or under the care, control and 32 management of the Conservation Commission, page 15 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 12 1 whether solely or jointly with an associated 2 body; 3 (g) in relation to management plans for land vested 4 in or under the care, control and management of 5 the Conservation Commission, whether solely 6 or jointly with an associated body -- 7 (i) to develop guidelines for monitoring; 8 and 9 (ii) to set performance criteria for 10 evaluating; and 11 (iii) to conduct periodic assessments of, 12 the implementation of the management plans 13 by those responsible for implementing them, 14 including the CEO and, if the land is State 15 forest or a timber reserve, the Forest Products 16 Commission; 17 (ha) if a section 8A agreement requires the 18 Conservation Commission to assess the 19 implementation of the management plan for the 20 section 8A land concerned, to do so in 21 accordance with the agreement; 22 23 (e) delete paragraph (k) and insert: 24 25 (k) upon request, to provide advice on matters 26 relating to land vested in or under the care, 27 control and management of the Conservation 28 Commission, whether solely or jointly with an 29 associated body, to any body or person, if to do 30 so is in the public interest and it is practicable 31 for the Conservation Commission to provide it; 32 page 16 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 13 1 (f) after paragraph (c)(i) insert: 2 3 and 4 5 (2) In section 19(7): 6 (a) in paragraph (a) delete "reserve or to enter into an 7 agreement under section 16 for the management of land 8 as a State forest, timber reserve, national park, 9 conservation park or nature"; 10 (b) after paragraph (a) insert: 11 12 (ba) any proposal to enter into a section 8A 13 agreement under which land will be managed 14 as if it were a State forest, timber reserve, 15 national park, conservation park or nature 16 reserve; and 17 18 (3) In section 19(9) after "vested in" insert: 19 20 or under the care, control and management of 21 22 13. Section 20 amended 23 In section 20(6) delete "in, or land the care, control and 24 management of which are placed with," and insert: 25 26 in or under the care, control and management of 27 page 17 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 14 1 14. Section 26B amended 2 (1) In section 26B(1): 3 (a) delete "Authority are --" and insert: 4 5 Authority are as follows -- 6 7 (b) in paragraph (aa) delete "it;" and insert: 8 9 it, whether solely or jointly with another person; 10 11 (c) in paragraph (b)(iv) delete "and (e);" and insert: 12 13 and (e) and (2); 14 15 (d) delete paragraph (c) and insert: 16 17 (c) in accordance with section 17, to consider any 18 cancellation or change of purpose, or boundary 19 alteration, of land and waters vested in or under 20 the care, control and management of the Marine 21 Authority, whether solely or jointly with an 22 associated body; 23 24 (e) delete paragraphs (e), (f) and (g) and insert: 25 26 (e) in accordance with Part V, to prepare and deal 27 with proposed management plans for land and 28 waters vested in or under the care, control and 29 management of the Marine Authority, whether 30 solely or jointly with an associated body; page 18 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 14 1 (f) in relation to management plans for land and 2 waters vested in or under the care, control and 3 management of the Marine Authority, whether 4 solely or jointly with an associated body -- 5 (i) to develop guidelines for monitoring; 6 and 7 (ii) to set performance criteria for 8 evaluating; and 9 (iii) to conduct periodic assessments of, 10 the implementation of the management plans 11 by those responsible for implementing them, 12 including the CEO; 13 (g) upon request, to provide advice on matters 14 relating to land and waters vested in or under 15 the care, control and management of the Marine 16 Authority, whether solely or jointly with an 17 associated body, to any body or person, if to do 18 so is in the public interest and it is practicable 19 for the Marine Authority to provide it; 20 21 (f) in paragraph (i) delete "advice; and" and insert: 22 23 advice; 24 25 (g) after each of paragraph (b)(i) and (ii) insert: 26 27 and 28 page 19 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 15 1 (2) In section 26B(4) delete "The Marine Authority shall not advise 2 the Minister on any matter to which this subsection applies" and 3 insert: 4 5 If the Minister, in writing, directs the Marine Authority 6 to advise the Minister on a matter, it must not advise 7 the Minister on the matter 8 9 (3) Delete section 26B(5). 10 (4) In section 26B(7) after "vested in" insert: 11 12 or under the care, control and management of 13 14 15. Section 26D amended 15 In section 26D(6) after "vested in" insert: 16 17 or under the care, control and management of 18 19 16. Section 33 amended 20 (1) In section 33(1): 21 (a) delete paragraph (a) and insert: 22 23 (a) to manage -- 24 (i) land to which this Act applies; and 25 (ii) subject to the relevant section 8A 26 agreement, section 8A land; and 27 (iii) subject to the relevant order made under 28 section 8C, section 8C land, 29 and the associated fauna, flora and forest 30 produce; 31 page 20 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 16 1 (b) delete paragraph (cb)(iii) and insert: 2 3 (iii) operations, in accordance with the 4 provisions of section 56(1) applicable to 5 the land, on land vested in or under the 6 care, control and management of the 7 Conservation Commission, whether 8 solely or jointly with an associated 9 body, that is State forest, a timber 10 reserve or land referred to in 11 section 5(1)(g) or (h); 12 13 (2) Delete section 33(2) and insert: 14 15 (2) If any land to which this Act applies or any section 8A 16 land -- 17 (a) is not the subject of a management plan; or 18 (b) is the subject of a management plan that, due to 19 an exemption given under section 57A(2), was 20 not prepared in accordance with section 56(2), 21 then, despite subsections (1) and (3), the management 22 of it and the associated forest produce, fauna and flora 23 shall be carried out in a manner that -- 24 (a) protects and conserves the value of the land to 25 the culture and heritage of Aboriginal persons, 26 in particular from any material adverse effect 27 caused by -- 28 (i) entry on or the use of the land by other 29 persons; or 30 (ii) the taking or removal of the land's 31 fauna, flora or forest produce; 32 but page 21 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 17 1 (b) does not have an adverse effect on the 2 protection or conservation of the land's fauna 3 and flora. 4 (3A) Functions the CEO has in relation to managing 5 section 8C land in accordance with the relevant order 6 made under section 8C shall be performed in a manner 7 that -- 8 (a) protects and conserves the value of the land to 9 the culture and heritage of Aboriginal persons 10 from any material adverse effect caused by 11 performing the functions; but 12 (b) does not have an adverse effect on the 13 protection or conservation of the land's fauna 14 and flora. 15 16 (3) In section 33(3)(b)(iii) delete "section 56" and insert: 17 18 section 56(1) 19 20 17. Section 33A amended 21 Delete section 33A(1) and insert: 22 23 (1) In section 33(1)(cb) and (3)(b) necessary operations on 24 land or waters, means those that are necessary -- 25 (a) to protect or preserve persons, property, land, 26 waters, flora or fauna; or 27 (b) in the case of land or waters for which a 28 management plan is required but not yet 29 approved under this Act, for the preparation of 30 a management plan for the land or waters; or page 22 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 18 1 (c) to protect or conserve the value of the land or 2 waters to the culture and heritage of Aboriginal 3 persons. 4 5 18. Section 53 amended 6 (1) In section 53 insert in alphabetical order: 7 8 responsible body for land means -- 9 (a) if the land is vested in or under the care, control 10 and management of a controlling body solely, 11 the controlling body; 12 (b) if the land is vested in or under the care, control 13 and management of a controlling body jointly 14 with an associated body, the controlling body 15 and the associated body acting jointly; 16 (c) if the land is section 8A land and, under the 17 relevant section 8A agreement, is to be 18 managed by the CEO alone as if the land were 19 of a category listed in section 8A(5)(a), the 20 Conservation Commission; 21 (d) if the land is section 8A land and, under the 22 relevant section 8A agreement, is to be 23 managed by the CEO alone for a public 24 purpose that is consistent with this Act, the 25 CEO; 26 (e) if the land is section 8A land and, under the 27 relevant section 8A agreement, is to be 28 managed jointly, the joint management body 29 established by the agreement. 30 page 23 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 19 1 (2) In section 53 in the definition of relevant water utility delete 2 "Act 1995." and insert: 3 4 Act 1995; 5 6 19. Section 54 amended 7 (1) Delete section 54(1) and (2) and insert: 8 9 (1) A management plan prepared and approved under this 10 Part is required for -- 11 (a) all land that is vested in or under the care, 12 control and management of a controlling body, 13 whether solely or jointly with an associated 14 body; and 15 (b) all section 8A land. 16 (2) The responsible body for land referred to in 17 subsection (1) is responsible for -- 18 (a) the preparation of the initial and every other 19 proposed management plan; and 20 (b) the review of each expiring management plan, 21 for the land. 22 23 (2) In section 54(3): 24 (a) in paragraph (a)(i) delete "controlling" and insert: 25 26 responsible 27 28 (b) in paragraph (a)(ii) delete "Conservation Commission" 29 and insert: 30 31 responsible body for that land 32 page 24 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 20 1 (c) in paragraph (a)(iii) delete "Conservation Commission" 2 and insert: 3 4 responsible body for that land 5 6 (3) After section 54(3) insert: 7 8 (4) Without limiting subsection (3), proposed management 9 plans for section 8A land that, under the relevant 10 section 8A agreement, is to be managed jointly as if it 11 were land of a category listed in section 8A(5)(a) shall 12 be prepared by the responsible body for the land 13 through the agency of the CEO in consultation with the 14 controlling body in which the land would be vested 15 under section 7 if the land were of that category. 16 17 20. Section 56A inserted 18 After section 55 insert: 19 20 56A. Management plans may require CEO to manage 21 land jointly 22 (1) A management plan for land (other than section 8A 23 land) may require the CEO to manage the land jointly 24 with one or more other persons specified in the plan. 25 (2) Subsection (1) applies even if the land is vested in or 26 under the care, control and management of a 27 controlling body solely. 28 (3) If under subsection (1) a management plan for land 29 requires the CEO to manage the land jointly, the plan 30 must have attached to it an agreement (a section 56A 31 agreement) for the joint management of the land to be page 25 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 20 1 signed as soon as practicable after the plan is approved 2 under section 60. 3 (4) The parties to a section 56A agreement for the joint 4 management of the land must be the CEO and each 5 person who is to manage the land jointly with the CEO. 6 (5) If land is vested in or under the care, control and 7 management of a controlling body jointly with an 8 associated body, this section does not prevent the 9 associated body from being a party to a section 56A 10 agreement for the land. 11 (6) A section 56A agreement for land must include, in 12 addition to any other terms, terms that do the 13 following -- 14 (a) establish a joint management body to manage 15 the land; 16 (b) specify the members of the body which must 17 include at least -- 18 (i) the CEO or a person nominated by the 19 CEO; and 20 (ii) a person to represent the interests of 21 each other party to the agreement; 22 (c) establish the body's procedures. 23 (7) A section 56A agreement for land has no effect 24 unless -- 25 (a) the controlling body in which the land is vested 26 or that has the care, control and management of 27 the land has given written approval to the 28 agreement; and 29 (b) any associated body in which the land is vested, 30 or that has the care, control and management of 31 the land, jointly with the controlling body, is 32 either a party, or has given written approval, to 33 the agreement; and page 26 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 21 1 (c) the Minister has given written approval to the 2 agreement. 3 4 21. Section 56 amended 5 (1) In section 56(1) delete the passage that begins with "A 6 controlling" and ends with "designed --" and insert: 7 8 In preparing a proposed management plan for any land, 9 the responsible body for the land shall have the 10 objective of achieving or promoting the purpose for 11 which the land is reserved and in particular the 12 proposed plan shall be designed -- 13 14 (2) In section 56(1)(e) delete "body." and insert: 15 16 body, whether solely or jointly. 17 18 (3) After section 56(1) insert: 19 20 (2) In preparing a proposed management plan for any land, 21 the responsible body for the land shall have the 22 objectives of -- 23 (a) protecting and conserving the value of the land 24 to the culture and heritage of Aboriginal 25 persons, in particular from any material adverse 26 effect caused by -- 27 (i) entry on or the use of the land by other 28 persons; or 29 (ii) the taking or removal of the land's 30 fauna, flora or forest produce; 31 but page 27 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 22 1 (b) in a manner that does not have an adverse effect 2 on the protection or conservation of the land's 3 fauna and flora. 4 (3) If an objective set out in subsection (1) conflicts or is 5 inconsistent with an objective set out in subsection (2), 6 the objective set out in subsection (2) prevails. 7 8 22. Section 57A inserted 9 After section 56 insert: 10 11 57A. Ascertaining value of land to Aboriginal persons 12 (1) In preparing a proposed management plan for any land, 13 the responsible body for the land may consult any 14 person for the purposes of determining the value of the 15 land to the culture and heritage of Aboriginal persons. 16 (2) If the Minister is satisfied that the time needed to 17 determine the value of any land to the culture and 18 heritage of Aboriginal persons is likely to delay 19 unreasonably the process provided in sections 57 to 60 20 in relation to a management plan for the land, the 21 Minister, in writing, may exempt the responsible body 22 from complying with section 56(2) in relation to the 23 proposed management plan for the land. 24 (3) If the responsible body is exempted from complying 25 with section 56(2) in relation to the proposed 26 management plan for any land, the proposed 27 management plan must state that the exemption has 28 been given. 29 (4) A responsible body that is exempted from complying 30 with section 56(2) must, within the period (if any) 31 specified by the Minister in the exemption or, if no page 28 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 23 1 period is specified, as soon as practicable after being 2 exempted -- 3 (a) amend the proposed management plan; or 4 (b) subject to section 61, take steps to have the 5 management plan amended or to have it 6 revoked and a new plan substituted for it, 7 as the case requires, and in doing so comply with 8 section 56(2). 9 (5) The Minister, in writing, may vary or cancel an 10 exemption given under this section. 11 12 23. Section 57 amended 13 In section 57(2)(d) delete "controlling" and insert: 14 15 responsible 16 17 24. Section 59 amended 18 (1) In section 59(1) delete "controlling" and insert: 19 20 responsible 21 22 (2) In section 59(2) delete "controlling" and insert: 23 24 responsible 25 page 29 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 24 1 (3) Delete section 59(3) and insert: 2 3 (3) In the case of section 8A land, the responsible body 4 must submit the proposed management plan -- 5 (a) to any party to the relevant section 8A 6 agreement who, under the agreement, is not 7 involved in managing the land; and 8 (b) if the land is or includes the intertidal zone, to 9 the Minister for Fisheries; and 10 (c) if the land includes an Aboriginal site, as 11 defined in the Aboriginal Heritage Act 1972 12 section 4, to the Minister for Indigenous 13 Affairs. 14 15 (4) Delete section 59(4) and insert: 16 17 (4) If a person to whom a proposed plan is referred under 18 subsection (1) or (3) considers the responsible body 19 should vary the plan or make any addition to or delete 20 any provision from the plan, the person, within one 21 month after the date of receiving the plan, may request 22 the responsible body in writing to make the variation, 23 addition or deletion. 24 25 (5) In section 59(5) delete "Marine Authority" and insert: 26 27 responsible body 28 29 (6) In section 59(6) delete "Conservation Commission" and insert: 30 31 responsible body 32 page 30 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 25 1 (7) In section 59(7) delete "Conservation Commission" and insert: 2 3 responsible body 4 5 (8) In section 59(8) delete "controlling" and insert: 6 7 responsible 8 9 25. Section 59A inserted 10 After section 59 insert: 11 12 59A. Plans to be submitted to Minister 13 (1) Subject to this Part, the responsible body for land must 14 submit a proposed management plan for the land, 15 modified as it thinks fit to give effect to submissions 16 made under section 58 and any request made under 17 section 59(4), to the Minister for approval together 18 with a copy of all requests so made. 19 (2) If a plan submitted under subsection (1) relates to 20 section 8A land that, under the relevant section 8A 21 agreement, is to be managed jointly as if it were land of 22 a category listed in section 8A(5)(a), the Minister may 23 refer the plan to the Conservation Commission with a 24 request that the Commission give the Minister a written 25 report about the plan to enable the Minister to make a 26 decision under section 60(2) about the plan. 27 28 26. Section 60 amended 29 (1) Delete section 60(1). page 31 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 27 1 (2) In section 60(2) delete "the proposed plan" and insert: 2 3 a proposed management plan submitted under section 59A 4 5 (3) In section 60(2a): 6 (a) delete "controlling body" and insert: 7 8 relevant responsible body 9 10 (b) delete "park or a marine management area," and insert: 11 12 park, or a marine management area, or section 8A land 13 that is or includes the intertidal zone, 14 15 (c) in paragraph (a) delete "area; and" and insert: 16 17 area or intertidal zone; and 18 19 (4) In section 60(2b) delete "controlling body" and insert: 20 21 Marine Authority 22 23 27. Section 62 amended 24 (1) In section 62(1): 25 (a) delete the passage that begins with "Subject" and ends 26 with "Commission as --" and insert: 27 28 Subject to this section, the Minister may, on the 29 recommendation of the responsible body (as defined in 30 section 53) for land to which this subsection applies, by page 32 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 27 1 notice published in the Gazette, classify the land or a 2 part of it as -- 3 4 (b) in paragraph (f) delete "Conservation Commission," and 5 insert: 6 7 responsible body, 8 9 (2) After section 62(1) insert: 10 11 (1aaa) Subsection (1) applies to land that is -- 12 (a) a State forest; or 13 (b) a timber reserve; or 14 (c) a national park; or 15 (d) a conservation park; or 16 (e) a nature reserve; or 17 (f) land referred to in section 5(1)(g) and vested in 18 the Conservation Commission; or 19 (g) land referred to in section 5(1)(h) and under the 20 care, control and management of the 21 Conservation Commission; or 22 (h) land that, under an agreement made under 23 section 8A(5)(b), is managed for a public 24 purpose that is consistent with this Act. 25 26 (3) Delete section 62(2) and insert: 27 28 (2) A classification of land as a temporary control area 29 under subsection (1)(d) -- 30 (a) shall be made for only one or more of these 31 purposes -- 32 (i) public safety; page 33 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 27 1 (ii) protecting flora or fauna, or both flora 2 and fauna; 3 (iii) protecting the value of the land to the 4 culture and heritage of Aboriginal 5 persons; 6 and 7 (b) shall not have effect for more than 90 days but 8 may be made more than once for the same 9 purpose and for the same land. 10 11 (4) In section 62(3): 12 (a) in paragraph (a) delete "section 56" and insert: 13 14 section 56(1) 15 16 (b) after paragraph (a) insert: 17 18 (ba) unless it is in conformity with section 56(2); 19 and 20 21 (c) delete paragraph (b) and insert: 22 23 (b) in the case of section 8A land, unless each 24 person responsible (as defined in section 8A) 25 for the land, has given written approval to the 26 classification or the amended classification; and 27 28 (d) after paragraph (a) insert: 29 30 and 31 page 34 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 28 1 28. Section 64 amended 2 In section 64(1): 3 (a) in paragraph (d) delete "vested in the Conservation 4 Commission" and insert: 5 6 vested in or under the care, control and 7 management of the Conservation Commission, 8 9 (b) in paragraph (da) delete "vested in the Marine 10 Authority; and" and insert: 11 12 vested in or under the care, control and 13 management of the Marine Authority, whether 14 solely or jointly with an associated body; and 15 16 29. Part VIII Division 1A inserted 17 At the beginning of Part VIII insert: 18 19 Division 1A -- General matters 20 86A. Restrictions on performance of functions 21 (1) Subsection (2) does not apply in relation to land if it is 22 the subject of a management plan prepared in 23 accordance with section 56(2). 24 (2) The functions of the Minister and the CEO under this 25 Part in relation to land must be performed in a manner 26 that -- 27 (a) protects and conserves the value of the land to 28 the culture and heritage of Aboriginal persons, 29 in particular from any material adverse effect 30 caused by -- 31 (i) entry on or the use of the land by other 32 persons; or page 35 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 30 1 (ii) the taking or removal of the land's 2 fauna, flora or forest produce, 3 under any permit, licence, contract, lease or 4 other authority granted under this Part; but 5 (b) does not have an adverse effect on the 6 protection or conservation of the land's fauna 7 and flora. 8 9 30. Section 87 amended 10 Delete section 87(2) and insert: 11 12 (2) Despite subsection (1) and section 11, the Governor, by 13 order, may declare to be Crown land, for the purposes 14 of this Division, any land that is section 8C land. 15 16 31. Section 87A amended 17 In section 87A(1): 18 (a) after paragraph (c) insert: 19 20 (da) in the case of section 8A land, consistently with 21 the relevant section 8A agreement; and 22 (db) in the case of section 8C land, consistently with 23 the order made under section 8C that relates to 24 the land; and 25 26 (b) after each of paragraphs (a), (b) and (c) insert: 27 28 and 29 page 36 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 32 1 32. Section 97 amended 2 After section 97(1) insert: 3 4 (2A) The CEO cannot grant a lease under subsection (1) of 5 any section 8A land. 6 7 33. Section 97A amended 8 (1) In section 97A(1) delete "to which this Division applies." and 9 insert: 10 11 within State forest or a timber reserve. 12 13 (2) In section 97A(2) delete "to which this Division applies." and 14 insert: 15 16 within State forest or a timber reserve. 17 18 (3) In section 97A(4) delete "to which this Division applies," and 19 insert: 20 21 within State forest or a timber reserve, 22 23 (4) In section 97A(6) delete "to which this Division applies --" and 24 insert: 25 26 within State forest or a timber reserve -- 27 page 37 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 34 1 34. Section 98 amended 2 Delete section 98(1)(b) and insert: 3 4 (b) section 8C land, 5 6 35. Section 99 amended 7 In section 99(1): 8 (a) in paragraph (aa) after "vested in" insert: 9 10 or under the care, control and management of 11 12 (b) delete paragraph (ab) and insert: 13 14 (ab) in the case of land vested in or under the care, 15 control and management of the Marine 16 Authority, after consultation with the Marine 17 Authority and, where applicable, an associated 18 body; and 19 20 (c) delete paragraph (b) and insert: 21 22 (b) in the case of section 8A land, consistently with 23 the relevant section 8A agreement; and 24 (baa) in the case of section 8C land, consistently with 25 the order made under section 8C that relates to 26 the land; and 27 28 (d) after each of paragraphs (a), (aa) and (ac) insert: 29 30 and 31 page 38 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 36 1 36. Section 99A amended 2 (1) In section 99A(1) delete "vested in the Conservation 3 Commission." and insert: 4 5 vested in or under the care, control and management of 6 the Conservation Commission, whether solely or 7 jointly with an associated body. 8 9 (2) In section 99A(3) delete "section 56" and insert: 10 11 section 56(1) 12 13 (3) In section 99A(6) delete "vested in the Conservation 14 Commission." and insert: 15 16 vested in or under the care, control and management of 17 the Conservation Commission, whether solely or 18 jointly with an associated body. 19 20 37. Section 100 amended 21 After section 100(1) insert: 22 23 (2A) The CEO cannot grant a lease under subsection (1) of 24 any section 8A land. 25 (2B) The CEO cannot grant a lease under subsection (1) of 26 any section 8C land. 27 page 39 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 38 1 38. Section 101 amended 2 In section 101(1e)(b) delete "vested in the Conservation 3 Commission" and insert: 4 5 vested in or under the care, control and management of the 6 Conservation Commission, whether solely or jointly with an 7 associated body, 8 9 39. Section 102 amended 10 In section 102(1) in the definition of land to which this Part 11 applies: 12 (a) delete paragraph (b) and insert: 13 14 (b) section 8C land; and 15 (ca) land owned by, vested in or under the care, 16 control and management of the Executive 17 Body, whether solely or jointly with another 18 body; and 19 20 (b) after paragraph (a) insert: 21 22 and 23 24 40. Sections 103A and 103B inserted 25 At the end of Part IX Division 1 insert: 26 27 103A. Aboriginal persons may do things for customary 28 purposes 29 (1) In this section -- 30 Aboriginal customary purpose means -- 31 (a) preparing or consuming food customarily eaten 32 by Aboriginal persons; or page 40 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 40 1 (b) preparing or using medicine customarily used 2 by Aboriginal persons; or 3 (c) engaging in artistic, ceremonial or other 4 cultural activities customarily engaged in by 5 Aboriginal persons; or 6 (d) engaging in activities incidental to a purpose 7 stated in paragraph (a), (b) or (c); 8 exclusive native title holder, for an area in relation to 9 which exclusive native title exists, means -- 10 (a) the registered native title body corporate (as 11 defined in section 253 of the NT Act) in respect 12 of the native title rights and interests concerned; 13 or 14 (b) if there is no such body corporate, each person 15 who holds the native title rights and interests 16 concerned or a person acting with the authority 17 of each such person; 18 managed land means any land, waters or any land and 19 waters, that are the subject of a management plan; 20 protected thing means any flora, fauna, forest produce 21 or other naturally occurring thing, the taking or 22 removal of which from land to which this Part applies 23 is prohibited or restricted by this Act; 24 relevant act, on land to which this Part applies, 25 means -- 26 (a) entering the land; 27 (b) driving or riding a vehicle or navigating a 28 vessel on the land; 29 (c) bringing an animal on to the land; 30 (d) camping temporarily on the land; 31 (e) lighting or kindling a fire on the land; 32 (f) taking or removing a protected thing on the 33 land; page 41 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 40 1 take, in relation to fauna, includes the following -- 2 (a) to capture, injure, interfere with and kill fauna; 3 (b) to attempt to do any such act; 4 (c) to hunt fauna even though no fauna is captured, 5 injured or killed; 6 (d) to cause or permit any such act to be done; 7 take, in relation to any protected thing other than fauna, 8 includes the following -- 9 (a) to cut, damage, destroy, dig up, gather, pick and 10 uproot the thing; 11 (b) to attempt to do any such act; 12 (c) to cause or permit any such act to be done; 13 vehicle has the meaning given in section 81. 14 (2) This section does not affect the operation of the 15 Wildlife Conservation Act 1950. 16 (3) It is a defence to a charge of an offence against this Act 17 that is alleged to have been committed on land to 18 which this Part applies and that is constituted by a 19 relevant act on the land to prove -- 20 (a) the accused is an Aboriginal person; and 21 (b) the accused did the relevant act for an 22 Aboriginal customary purpose; and 23 (c) in doing the relevant act the accused complied 24 with any regulations that restrict or exclude the 25 operation of this subsection; and 26 (d) if the offence is alleged to have been committed 27 in an area in relation to which exclusive native 28 title exists, the accused either -- 29 (i) held the exclusive native title alone or 30 with other persons; or page 42 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 40 1 (ii) did the relevant act with the consent of 2 the exclusive native title holder; 3 and 4 (e) if the offence is alleged to have been committed 5 on section 8A land, the accused, under the 6 relevant section 8A agreement, was permitted 7 to do the act on the land for an Aboriginal 8 customary purpose. 9 (4) If, but for this subsection, the defence provided by 10 subsection (3) would entitle an Aboriginal person to do 11 an act that is inconsistent with the continued existence, 12 enjoyment or exercise of any native title rights and 13 interests (as defined in section 223 of the NT Act) held 14 by another Aboriginal person, the defence does not 15 apply to that act. 16 (5) An Aboriginal person who takes or removes a 17 protected thing for an Aboriginal customary purpose 18 must not sell the thing, or any part of it, unless, under 19 the regulations, the sale is excepted or the person is 20 authorised or licensed to do so. 21 Penalty: a fine of $4 000. 22 (6) Regulations made under Part X -- 23 (a) may, by reference to time, place, protected 24 thing, circumstances or class of person, or to a 25 combination of them, restrict or exclude the 26 operation of subsection (3); and 27 (b) may restrict or exclude the operation of 28 subsection (3) in relation to the taking or 29 removal of protected things by reference to any 30 of, or a combination of, the following -- 31 (i) the kind of protected thing taken or 32 removed; 33 (ii) the class of person taking or removing 34 the protected thing; page 43 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 41 1 (iii) the time of taking or removal; 2 (iv) the place of taking or removal; 3 (v) the manner of taking or removal; 4 (vi) the quantity of a protected thing taken 5 or removed; 6 (vii) the circumstances of the taking or 7 removal, 8 but must not restrict or exclude the operation of 9 subsection (3) in respect of managed land except for a 10 purpose that is consistent with the management plan 11 for the land. 12 103B. People acting under s. 8A agreements, defence for 13 It is a defence to a charge of an offence against this Act 14 alleged to have been committed on section 8A land to 15 prove -- 16 (a) the accused was a party to the relevant 17 section 8A agreement or was acting with the 18 authority of such a party; and 19 (b) the agreement authorised the party to do the act 20 or make the omission constituting the offence. 21 22 41. Section 103 amended 23 In section 103(2b): 24 (a) delete paragraph (c) and insert: 25 26 (c) in the case of section 8A land, consistently with 27 the relevant section 8A agreement; and 28 page 44 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 42 1 (b) delete paragraph (d) and insert: 2 3 (d) in conformity with section 33(2) and (3). 4 5 (c) after each of paragraphs (a) and (b) insert: 6 7 and 8 9 42. Section 126 amended 10 After section 126(1) insert: 11 12 (2A) The regulations may apply to any or all of the 13 following -- 14 (a) land to which this Act applies; 15 (b) section 8C land; 16 (c) land owned by, vested in or under the care, 17 control and management of the Executive 18 Body, whether solely or jointly with another 19 body; 20 (d) public land as defined in section 81; 21 (e) Crown land as defined in section 87(1); 22 (f) land to which section 131 applies. 23 24 43. Section 128A inserted 25 After section 127 insert: 26 27 128A. Regulations as to s. 8C land 28 Regulations that apply to section 8C land may 29 prescribe only matters that are consistent with the page 45 Conservation Legislation Amendment Bill 2010 Part 2 Conservation and Land Management Act 1984 amended s. 44 1 functions that the CEO has in respect of the land under 2 the relevant order made under section 8C. 3 4 44. Section 130 amended 5 Delete section 130(2) and insert: 6 7 (2) Regulations made under subsection (1) that apply to 8 section 8A land apply only to the extent the relevant 9 section 8A agreement says they apply. 10 11 45. Section 130B inserted 12 At the end of Part X insert: 13 14 130B. Relationship to regulations made under the Land 15 Administration Act 1997 16 If a regulation made under this Act that applies to 17 section 8A land or section 8C land is inconsistent with 18 a regulation made under the Land Administration 19 Act 1997 that also applies to the land, the regulation 20 made under this Act prevails to the extent of the 21 inconsistency. 22 23 46. Section 143 inserted 24 At the end of Part XI insert: 25 143. Review of amendments made by Conservation 26 Legislation Amendment Act 2010 27 (1) The Minister must review the operation of the 28 amendments made to this Act by the Conservation 29 Legislation Amendment Act 2010 (the amendment Act) page 46 Conservation Legislation Amendment Bill 2010 Conservation and Land Management Act 1984 amended Part 2 s. 46 1 as soon as is practicable after 5 years after the date on 2 which the amendment Act receives the Royal Assent. 3 (2) When doing the review the Minister must consider -- 4 (a) whether the policy objectives upon which the 5 amendments made to this Act by the 6 amendment Act were based remain valid; and 7 (b) whether those amendments remain appropriate 8 to achieve those objectives. 9 (3) The Minister must prepare a report based on the review 10 and, as soon as practicable after the report is prepared 11 and in any event not more than 2 years after the expiry 12 of the period referred to in subsection (1), cause it to be 13 laid before each House of Parliament. page 47 Conservation Legislation Amendment Bill 2010 Part 3 Wildlife Conservation Act 1950 amended s. 47 1 Part 3 -- Wildlife Conservation Act 1950 amended 2 47. Act amended 3 This Part amends the Wildlife Conservation Act 1950. 4 48. Section 6 amended 5 (1) In section 6(1) delete the definitions of: 6 nature reserve 7 wildlife sanctuary 8 (2) In section 6(1) in the definition of wildlife officer delete "that 9 Act;" and insert: 10 11 that Act. 12 13 49. Section 23 replaced 14 Delete section 23 and insert: 15 16 23. Aboriginal persons may take flora and fauna for 17 customary purposes 18 (1) In this section -- 19 Aboriginal customary purpose means -- 20 (a) preparing or consuming food customarily eaten 21 by Aboriginal persons; or 22 (b) preparing or using medicine customarily used 23 by Aboriginal persons; or 24 (c) engaging in artistic, ceremonial or other 25 cultural activities customarily engaged in by 26 Aboriginal persons; or 27 (d) engaging in activities incidental to a purpose 28 stated in paragraph (a), (b) or (c); page 48 Conservation Legislation Amendment Bill 2010 Wildlife Conservation Act 1950 amended Part 3 s. 49 1 Aboriginal person means a person wholly or partly 2 descended from the original inhabitants of Australia; 3 CALM Act means the Conservation and Land 4 Management Act 1984; 5 CALM Act land means -- 6 (a) land, or land and waters, listed in the CALM 7 Act section 5; and 8 (b) land that, under the CALM Act section 8C, is 9 under the management of the CEO; and 10 (c) land to which the CALM Act section 131 11 applies; 12 exclusive native title, in relation to an area of land or 13 waters, means native title rights and interests (as 14 defined in section 223 of the NT Act) -- 15 (a) that exist in relation to the area, whether or not 16 they have been determined under the NT Act to 17 exist; and 18 (b) that confer possession, occupation, use and 19 enjoyment of the area on the holders of the 20 native title rights and interests to the exclusion 21 of all others; 22 exclusive native title holder, for an area in relation to 23 which exclusive native title exists, means -- 24 (a) the registered native title body corporate (as 25 defined in section 253 of the NT Act) in respect 26 of the native title rights and interests concerned; 27 or 28 (b) if there is no such body corporate, each person 29 who holds the native title rights and interests 30 concerned or a person acting with the authority 31 of each such person; 32 NT Act means the Native Title Act 1993 33 (Commonwealth). page 49 Conservation Legislation Amendment Bill 2010 Part 3 Wildlife Conservation Act 1950 amended s. 49 1 (2) This section does not affect the operation of the CALM 2 Act. 3 (3) It is a defence to a charge of an offence against this Act 4 of taking fauna or flora to prove -- 5 (a) the accused is an Aboriginal person; and 6 (b) the accused took the fauna or flora for an 7 Aboriginal customary purpose; and 8 (c) in taking the fauna or flora the accused 9 complied with any regulations that restrict or 10 exclude the operation of this subsection; and 11 (d) if the offence is alleged to have been committed 12 on land other than CALM Act land, the person 13 who has control or management of the land 14 consented to the taking of the fauna or flora; 15 and 16 (e) if the offence is alleged to have been committed 17 in an area in respect of which exclusive native 18 title exists, the accused either -- 19 (i) held the exclusive native title alone or 20 with other persons; or 21 (ii) took the fauna or flora with the consent 22 of the exclusive native title holder. 23 (4) If, but for this subsection, the defence provided by 24 subsection (3) would entitle an Aboriginal person to do 25 an act that is inconsistent with the continued existence, 26 enjoyment or exercise of any native title rights and 27 interests (as defined in section 223 of the NT Act) held 28 by another Aboriginal person, the defence does not 29 apply to that act unless it is proved the accused did the 30 act in order to obtain fauna or flora sufficient only for 31 food for the accused and his or her family, but not for 32 sale. page 50 Conservation Legislation Amendment Bill 2010 Wildlife Conservation Act 1950 amended Part 3 s. 49 1 (5) An Aboriginal person who takes fauna or flora for an 2 Aboriginal customary purpose must not sell the flora or 3 fauna, or any part of it, unless, under the regulations, 4 the sale is excepted or the person is authorised or 5 licensed to do so. 6 Penalty: a fine of $4 000. 7 (6) Regulations made under section 28 may restrict or 8 exclude the operation of subsection (3) by reference to 9 any of, or a combination of, the following -- 10 (a) the fauna or flora taken; 11 (b) the class of person taking the fauna or flora; 12 (c) the time of taking; 13 (d) the place of taking; 14 (e) the manner of taking; 15 (f) the quantity of fauna or flora taken; 16 (g) the circumstances of the taking. 17
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