Constitution of wilderness protection areas and wilderness protection zones
22 Constitution of wilderness protection areas and wilderness protection zones
The
Governor may, by proclamation made on the recommendation of the
Minister—
constitute as a wilderness protection area or a wilderness protection zone—
a reserve, or part of a reserve or any other Crown land;
any other land if the proclamation is made with the consent of the owner of the land and of all other persons who have an interest in the land registered under the Real
Property Act 1886;
and
assign a name to the wilderness protection area or zone so constituted.
The
Governor may, on the recommendation of the Minister, by subsequent proclamation—
abolish a wilderness protection area or wilderness protection zone constituted under this section; or
alter the boundaries of a wilderness protection area or wilderness protection zone constituted under this section; or
alter the name of a wilderness protection area or wilderness protection zone constituted under this section.
A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or to be included in, a wilderness protection area or wilderness protection zone unless—
the proclamation is made in pursuance of a resolution passed by both
Houses of Parliament; or
in the case of land comprising the whole or part of a wilderness protection zone—the proclamation constitutes the land as a wilderness protection area or part of a wilderness protection area.
Notice of a motion for a resolution under subsection (3)(a)—
must not be given until the Minister has notified the Environment,
Resources and Development Committee in writing of the proposed abolition, or alteration in the boundaries, of the wilderness protection area or zone; and
must be given at least 14 sitting days before the resolution is passed.
Where, in the opinion of the Minister, land should be constituted as a wilderness protection area or a wilderness protection zone under this section—
—
because it meets the wilderness criteria to a sufficient extent to justify its protection as wilderness under this Act; or
to enable it to be restored to a condition that justifies its protection as wilderness under this Act; or
in order to provide a buffer zone to protect land of a kind referred to in paragraph (a);
or
to enable the adoption of convenient boundaries for a wilderness protection area or wilderness protection zone, the
Minister may recommend to the Governor that he or she constitute the land as a wilderness protection area or wilderness protection zone under subsection (1) or alter the boundaries of an existing wilderness protection area or zone by adding the land to the area or zone under subsection (2).
Before making a recommendation under subsection (5), the Minister must comply with the following requirements:
if, in the Minister's opinion, an Aboriginal organisation has a particular interest in the land to which the proposal relates, the
Minister must consult that organisation in relation to the proposal;
if the Parks and Wilderness Council 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 Council;
the
Minister must by public notice—
identify the land to which the proposal relates and set out the Minister's reasons for the proposal; and
set out the text of the Parks and Wilderness Council's report; and
invite interested persons to make submissions to the Minister in relation to the proposal within a period of three months following publication of the notice;
the
Minister must give a copy of the notice to the Environment,
Resources and Development Committee and to the holder of a mining tenement (if any) in force in respect of the land;
the
Minister must make copies of all submissions made in response to the notice available for public inspection or purchase (except for submissions made in confidence) and for that purpose the Minister must, by public notice, give notice of the place or places at which the copies are available;
the
Minister must refer all submissions made in response to the notice to the Parks and Wilderness Council for comment and must before making a recommendation to the Governor consider all submissions and the comments of the Council;
if the Minister decides to defer, or not to proceed with, the proposal he or she must give public notice setting out the reasons for the decision.
Upon constitution of a reserve, or part of a reserve, as a wilderness protection area or wilderness protection zone the land ceases to be a reserve, or part of a reserve, under the National Parks Act.
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