Wilderness Protection Act 1992

This

Act may be cited as the Wilderness

Protection Act 1992.

In this Act, unless the contrary intention appears—

Aboriginal means of, or pertaining to, the people who inhabited Australia before European colonisation;

Aboriginal object has the same meaning as in the Aboriginal

Heritage Act 1988;

Aboriginal organisation means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people;

Aboriginal site has the same meaning as in the Aboriginal

Heritage Act 1988;

Aboriginal tradition means Aboriginal traditions, observances, customs or beliefs and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;

the

Chief Executive Officer means the person for the time being holding, or acting in, the office of Chief Executive Officer of the Department;

Crown land means—

unalienated land of the Crown; or

land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown;

Department means the administrative unit of the Public Service charged with the administration of this Act;

the

Director means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife;

the

Environment, Resources and Development Committee means the committee of that name established by the Parliamentary

Committees Act 1991;

land includes submerged land and includes an estate or interest in land;

land acquired by the Minister means land that the Minister has acquired for the purposes of this

Act and includes land that the Minister proposes to acquire for those purposes and in relation to which he or she has served a notice of intention to acquire the land under the Land

Acquisition Act 1969;

management in relation to land includes the restoration of the land and its ecosystems to their condition before European colonisation;

mining

Act means the Mining

Act 1971, the Petroleum

Act 2000, the Petroleum (Submerged Lands) Act 1982 or the Offshore

Minerals Act 2000;

mining tenement means a mineral claim, lease, licence, permit or other authority granted under a mining Act and includes rights of entry, prospecting, exploration or mining in relation to an area of land declared to be a private mine under the Mining

Act 1971;

the

Minister means the Minister in whom the administration of the National Parks

Act is vested for the time being;

modern technology includes all forms of human technology except Aboriginal technology;

the

National Parks Act means the National

Parks and Wildlife Act 1972;

native plant has the same meaning as in the National Parks Act;

owner of land means—

in relation to land alienated from the Crown by grant in fee simple—the holder of the fee simple;

in relation to land held under Crown lease or licence—the lessee or licensee;

in relation to land held under an agreement to purchase from the

Crown—the person entitled to the benefit of the agreement;

Parks and Wilderness Council means the Parks and Wilderness Council established under the

National Parks Act;

public notice means notice published on a website determined by the Minister;

reserve means a reserve constituted under the National Parks Act;

vehicle includes—

a caravan or trailer;

an aircraft;

a ship, boat or vessel;

warden means a person for the time being holding the office of warden under this Act;

wilderness means land that meets the wilderness criteria;

the wilderness code of management or the code of management means the wilderness code of management under Part

2 Division 3;

the wilderness criteria—see subsection (2);

wilderness protection area or area means land constituted as a wilderness protection area under this

Act;

wilderness protection zone or zone means land constituted as a wilderness protection zone under this

Act;

wildlife means all native plants and animals indigenous to Australia existing apart from cultivation or domestication;

Wildlife

Conservation Fund means the Wildlife Conservation Fund established by section 11 of the National Parks Act.

The following are the criteria for determining whether or not land should be regarded as wilderness:

the land and its ecosystems must not have been affected, or must have been affected to only a minor extent, by modern technology;

the land and its ecosystems must not have been seriously affected by exotic animals or plants or other exotic organisms.

This

Act binds the Crown not only in right of the State but also, so far as the legislative power of the State permits, in all its other capacities.

The

Minister may, subject to and in accordance with the Land

Acquisition Act 1969, acquire land for the purposes of this Act.

Subject to subsection (4), the Minister may delegate to the Chief Executive Officer, the

Director or any other person any of the Minister's powers under this

Act.

The

Chief Executive Officer may, with the Minister's consent, delegate to the Director or any other person any of the powers delegated to the Chief Executive Officer.

The

Director may delegate to any person any of the Director's powers under this Act, including, with the consent of the person who has delegated the power, a power delegated to the Director under this section.

The

Minister cannot delegate the power to acquire land for the purposes of this Act.

A delegation under this section—

must be in writing;

may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified position in the

Public Service of the State.

A delegation under this section may be revoked at will by the delegator and does not prevent the exercise of any power by the delegator.

The

Minister must cause a report to be prepared annually setting out the following information:

the names and locations of the wilderness protection areas and wilderness protection zones constituted under this Act and the extent to which the wilderness criteria are met by each area and zone; and

the name or some other identification of the former reserves or parts of reserves that have been constituted as wilderness protection areas or zones; and

the extent of mining operations in wilderness protection zones; and

information as to the management of wilderness protection areas and zones and particulars of any activities to restore land and its ecosystems to their condition before European colonisation; and

a list of management plans adopted under this Act; and

the portions (if any) of wilderness protection areas or zones that the

Minister has declared to be prohibited areas and the reasons for making those declarations; and

an account of money received and expended in relation to the management of wilderness protection areas and wilderness protection zones; and

in the case of wilderness protection zones, an account of the royalties (if any) received in respect of the mining tenements in force in those zones and the money expended in administering those mining tenements by an administrative unit of the Public Service.

The report must include a copy of the Wilderness Code of Management in force under Division 3.

The

Minister must—

cause copies of the report to be laid before both Houses of Parliament;

and

provide a copy of the report to the Minister responsible for the administration of the Mining

Act 1971;

and

by public notice specify an address at which copies of the report can be inspected or purchased by members of the public.

The functions of the Parks and Wilderness Council are as follows:

to assess all land in the State to identify those parts of the State that meet the wilderness criteria to a sufficient extent to justify protection under this Act or that warrant restoration to a condition that justifies such protection; and

at the request of a member of the public to assess the extent to which land specified in the request meets the wilderness criteria; and

to report to the Minister on the results of its assessments under paragraphs (a) and (b) and to make recommendations to the Minister as to what land in the State should be constituted as wilderness protection areas or wilderness protection zones; and

to make recommendations to the Minister in relation to the management of wilderness protection areas and zones generally or in relation to a particular wilderness protection area or zone; and

to commission research into the effect of mining, grazing and other forms of primary production and tourism on wilderness and its wildlife and to advise the Minister of the findings of the research;

and

to increase understanding in the community of the significance of wilderness; and

to assist the Minister in relation to the preparation of the annual report under Division

1; and

functions assigned to the Parks and Wilderness Council by other provisions of this Act.

The code of management of wilderness protection areas and wilderness protection zones in force immediately before the commencement of this subsection continues.

The code of management may be varied or substituted at any time by the

Minister in accordance with the requirements and procedures set out in this section.

The code must set out policies that should be implemented in the management of wilderness protection areas and zones in relation to the following:

the preservation of wildlife and ecosystems;

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;

the preservation of Aboriginal sites and Aboriginal objects;

the preservation of historic sites and objects and structures of historic or scientific interest;

the preservation of features of geographical, natural or scenic interest;

the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants;

the control of vermin and exotic animals and other exotic organisms;

the control and eradication of disease of animals and vegetation;

the prevention and suppression of bush fires and other hazards;

the conduct of firefighting and other emergency operations;

the conduct of scientific research;

education of the public as to the significance of wilderness protection areas and zones;

use of wilderness protection areas and zones by members of the public;

hunting in wilderness protection areas and wilderness protection zones by

Aboriginal people;

the entry into and use of wilderness protection areas and zones by

Aboriginal people to observe Aboriginal tradition.

The

Parks and Wilderness Council must, at the request of the Minister and in consultation with the Director, prepare a draft variation or substitution of the code of management (a draft code) for submission to the Minister.

The

Minister must, on receipt of a draft code, give public notice specifying—

an address at which copies of the draft code may be inspected or purchased; and

an address to which submissions in connection with the draft code may be forwarded.

Any person may within three months after publication of the notice, or such longer period as may be specified in the notice, make submissions to the Minister in connection with the draft code.

The

Minister must provide the Environment, Resources and Development

Committee with copies of all submissions made under subsection (4) and must make copies of those submissions available for public inspection or purchase (except for submissions made in confidence) and for that purpose the Minister must, by public notice, specify the place or places at which the copies are available.

After expiration of the period allowed for making submissions the Minister must refer the submissions made in relation to the draft code to the

Parks and Wilderness Council for its comments.

The

Parks and Wilderness Council must, within three months of the referral, provide the Minister with its comments.

The

Minister may—

adopt a draft code—

without alteration; or

with such alterations as the Minister thinks reasonable in view of the submissions made pursuant to subsection (4) or comments made by the Parks and Wilderness Council; or

refer the draft code back to the Parks and Wilderness Council for further advice.

The

Minister must, by notice in the Gazette, declare that a revised or substituted code of management has been adopted under this section.

The

Director must, upon the application of any member of the public and payment of the prescribed fee, provide that person with a copy of the code of management as in force at that time.

The

Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act.

A warden will be appointed for a term specified in the instrument of appointment.

The

Minister may, in the instrument of appointment, authorise the warden to exercise his or her powers in respect of the whole, or any specified portion, of the State.

Where the authority of a warden is limited by the instrument of appointment or by this section to any specified portion of the

State, the powers conferred on the warden under this Act are exercisable only within that portion of the State.

Every person appointed and holding office as a warden under the National

Parks Act is a warden for the purposes of this Act and may exercise his or her powers as a warden throughout the State or in that part of the State to which his or her powers are limited under the

National Parks Act.

Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State.

Where a mining tenement is in force in relation to a wilderness protection zone, a person who has authority to exercise powers in relation to the mining tenement by virtue of being an authorised person or inspector under the Mining

Act 1971, an authorised officer under the Petroleum and Geothermal Energy Act 2000, an inspector under the Petroleum (Submerged Lands) Act 1982 or an inspector under the Offshore

Minerals Act 2000, is a warden competent to exercise powers as such in relation to the wilderness protection zone in relation to which the mining tenement is in force.

A warden must, while acting as such, carry an identity card issued by the Minister under this Act or the National Parks Act or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act.

A warden may request any suitable person to assist the warden in the exercise of powers under this Act.

A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden.

If a warden suspects on reasonable grounds that an offence against this

Act or the National Parks Act is being, has been, or is about to be committed, the warden may—

enter and search any premises or vehicle connected with the suspected offence;

require the person suspected of committing, having committed, or being about to commit the offence to state his or her full name and usual place of residence;

ask any person any question relating to the suspected offence;

in order to facilitate a search of a vehicle or to ask questions of any person in, or on, a vehicle, give—

directions to a person in, on, or in charge of, the vehicle to stop the vehicle or to move it to a particular place;

such other directions as the warden thinks fit;

if the suspect is in a wilderness protection area or wilderness protection zone or is on land acquired by the Minister—order him or her off the wilderness protection area or zone or other land for a stated period (not exceeding 24 hours).

Subject to subsection (3), a person who fails to answer a question asked by a warden under subsection (1) to the best of his or her knowledge, information or belief is guilty of an offence.

Maximum penalty: $2 500.

A person is not obliged to answer a question if the answer would tend to incriminate him or her of an offence.

If a warden suspects on reasonable grounds that a name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence.

For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose—

if authorised by warrant under subsection (6);

or

if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case.

A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on the premises or in the vehicle.

A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence.

Maximum penalty: $2 500.

A warden, or a person assisting a warden, who—

addresses offensive language to any other person; or

without lawful authority, or a reasonable belief as to lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence.

Maximum penalty: $2 500.

Where a person is undertaking or, in the opinion of a warden, is about to undertake an activity in, or adjacent to, a wilderness protection area or wilderness protection zone or on, or adjacent to, land acquired by the Minister and, in the opinion of the warden, the activity constitutes, or will constitute, an offence against this

Act or the National Parks Act or will result in the commission of such an offence if it continues, the warden may direct the person to stop the activity or not to undertake it.

A direction under subsection (1) may be made orally, in writing or in any other convenient manner and remains in force for five days.

As soon as practicable after giving a direction the warden must make a written report to the Minister—

describing the activity and its location; and

stating the name and address (if known) of the person to whom the direction was given; and

stating the date and time at which it was given; and

providing any other information required by the Minister.

When a direction under subsection (1) expires the direction cannot be renewed by a further direction given under that subsection.

Where a person is undertaking or has undertaken an activity in, or adjacent to, a wilderness protection area or wilderness protection zone or on, or adjacent to, land acquired by the Minister or the

Minister has reason to believe that a person is likely to undertake such an activity and, in the opinion of the Minister, the activity constitutes, or will constitute an offence against this Act or the

National Parks Act or will result in the commission of such an offence if it continues, the Minister may, by notice in writing, direct the person to stop the activity or not to undertake it.

The notice must—

state the Minister's reasons for giving the direction; and

state that any interested person may make submissions to the Minister with respect to the direction; and

set out the penalty for failure to comply with the direction.

The notice must be served on the person to whom it is addressed—

personally or by post; or

if the whereabouts of the person are unknown—by publishing the notice—

in a newspaper circulating generally throughout the State; or

on a website determined by the Minister, (as the Minister considers appropriate in the circumstances).

The

Minister must—

give proper consideration to any submissions made with respect to the direction;

if satisfied (whether on the basis of such submissions or otherwise) that the direction should be revoked or modified, revoke or modify the direction accordingly.

A person who contravenes or fails to comply with a direction of the

Minister or a warden under this section is guilty of an offence.

Maximum penalty: $5 000.