Co‑management of wilderness protection areas or zones
33A Co‑management of wilderness protection areas or zones
A co‑management agreement may be entered into for a wilderness protection area or wilderness protection zone in the same way as a co‑management agreement may be entered into for a park or reserve under the National Parks Act.
A co‑management board for a wilderness protection area or wilderness protection zone that is subject to a co‑management agreement (a co‑managed wilderness protection area or zone) may be established by the Governor by regulation in the same way as a co‑management board may be established for a park or reserve under the National Parks Act.
Part 3
Division 6A of the National Parks Act (together with any definitions contained in the Act of terms used in that Division) applies as if it forms part of this Division, subject to the following modifications:
the objects of the Division are to be read as if they included an additional object of providing, as far as practicable, for the restoration of land and its ecosystems to their condition before
European colonisation and the protection of land and its ecosystems from the effects of modern technology and exotic animals and plants and other exotic organisms;
a reference to a park or reserve is to be read as a reference to a wilderness protection area or zone;
a reference to the Minister is to be read as a reference to the
Minister responsible for the administration of this Act;
a reference to a plan of management for a park or reserve is to be read as a reference to a plan of management for a wilderness protection area or zone under this Act;
a reference to a warden is to be read as a reference to a warden under this Act;
any other modifications prescribed by the regulations.
Whether the Minister or a co‑management board has control of a co‑managed wilderness protection area or zone is to be determined, despite section 28(1), in the same way as for a co‑managed park or reserve under the
National Parks Act.
Whether the Director or a co‑management board has the management of a co‑managed wilderness protection area or zone is to be determined, despite section 29(1), in the same way as for a co‑managed park or reserve under the
National Parks Act.
In its application in relation to land that is, or is to be, constituted as a co‑managed wilderness protection area or zone, this Act is to be read subject to the following modifications:
a proclamation under Part
3 Division 1 or 2 in respect of Aboriginal‑owned land (within the meaning of the
National Parks Act) may only be made—
in the case of a proclamation constituting Aboriginal‑owned land as a wilderness protection area or wilderness protection zone, if—
there is a co‑management agreement providing for the establishment of the area or zone; and
a co‑management board for the area or zone has been, or is to be, established; and
any conditions specified in the co‑management agreement for the making of the proclamation have, in the opinion of the Minister, been met; and
in any case—if the registered proprietor agrees to the making of the proclamation;
section 22(6) does not apply in relation to a co‑managed wilderness protection area or zone comprised of Aboriginal‑owned land and, in such a case, the Minister must instead comply with the following requirements before making a recommendation under section 22(5):
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 provide a copy of the Parks and Wilderness Council's report to the owner of the land to which the proposal relates;
the
Minister must invite the owner of the land to make submissions to the Minister in relation to the Parks and Wilderness Council's report;
the
Minister must refer all submissions made in response to the invitation 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—the Minister must give notice to the owner of the land setting out the reasons for the decision;
a reference in section 26 to the Director is to be read as a reference to the Director or the co‑management board according to whether the Director or the board has responsibility for the management of the land to which the relevant approval or licence relates;
a reference in section 28(6),
to the Minister is to be read as a reference to the Minister or the co‑management board according to whether the Minister or the board has control of the relevant land;
section 28(9) does not apply in relation to a co‑managed wilderness protection area or zone comprised of Aboriginal‑owned land and, in such a case, money payable under a lease or licence in respect of the area or zone is payable to the co‑management board for the area or zone;
any direction given to the Director under section 29(2) must be consistent with the co‑management agreement for the area or zone;
if a co‑management board is responsible for the management of the area or zone, the board must comply with section 30 in the same way as the Director must comply with that section;
if the Director is responsible for the management of the area or zone, the Director must seek or consider the advice of the co-management advisory committee as set out in the co‑management agreement;
the area or zone must be managed in accordance with the co‑management agreement for the area or zone;
the co‑management board or co‑management advisory committee for the area or zone must be involved in the preparation, review, adoption or amendment of a plan of management for the area or zone in the same way as a co‑management board or co‑management advisory committee is involved in the preparation, review, adoption or amendment of a plan of management for a park or reserve under the
National Parks Act;
except in an emergency, the Minister may only make a notice under section 33—
in relation to an area or zone for which there is a co‑management board—if the board has agreed to the making of the notice; or
in relation to an area or zone for which there is a co‑management advisory committee—if the committee has been consulted about the making of the notice;
the
Minister may, at the request of the co‑management board or co‑management advisory committee for the area or zone, exempt members of the relevant Aboriginal group from a restriction applying under section 33 to the area or zone;
a reference in section 38A to the Director is to be read as a reference to the Director or the co‑management board according to whether the Director or the board has responsibility for management of the area to which the fees fixed under that section relate;
section 38A(3) does not apply in relation to an area or zone comprised of
Aboriginal‑owned land, and in such a case, fees fixed under section 38A(1) are payable to the co‑management board for the area or zone.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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