Recreation Areas Management Act 2006

This Act may be cited as the Recreation Areas Management Act 2006.

This Act commences on a day to be fixed by proclamation.

The dictionary in the schedule defines particular words used in this Act.

The main purpose of this Act is—

the establishment, maintenance and use of recreation areas; and

to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to—

the conservation, cultural, educational, production and recreational values of the areas; and

the interests of area land-holders.

The purpose is to be achieved mainly by—

providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area; and

recognising the rights and obligations of area land-holders; and

ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area; and

providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation; and

providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation; and

publishing information about recreation areas and facilities and services for recreation; and

enforcing compliance with this Act.

This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

This Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence.

Any land may be included in a recreation area.

However, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement) with the State for its inclusion.

A recreation area agreement must—

include any conditions of the inclusion; and

be consistent with this Act; and

not be incompatible with the tenure of the land and any conditions of the tenure; and

in relation to land subject to an exclusive possession determination—be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth).

In this section—

land-holder means a person who would be an area land-holder if the land were included in a recreation area.

Subject to section 6, a regulation may declare an area to be a recreation area.

The regulation must—

describe the land included in the recreation area; and

give a name to the recreation area; and

state the management intent for the recreation area.

A regulation may—

amalgamate recreation areas and give a name to the amalgamated area; or

divide a recreation area into 2 or more recreation areas and give a name to each of the areas.

The regulation must also describe the land included in each resulting recreation area.

A recreation area agreement for land in the area amalgamated or divided still has effect for the land to which it relates.

A regulation may change the name of a recreation area.

A regulation may revoke all or part of the declaration of a recreation area, whether or not an area land-holder asks for the revocation.

As soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles.

The registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement.

A recreation area agreement, notice of which is recorded under section 10, attaches to the land and binds—

the land-holder who entered into the agreement and the land-holder’s successors in title; and

each other person who has an interest in the land.

In this section—

land-holder’s successor in title, for land, includes a person who acquires title to the land whether or not the title is of a different tenure.