Schedule 3 substituted
101 Schedule 3 substituted
Schedule 3 to the Principal Act is repealed and the following Schedules are substituted:
Determination of class of reserved land Sections 3 and 15
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Class of reserved land | Values of land | Purposes of reservation | |
| National park | A large natural area of land containing a representative or outstanding sample of major natural regions, features or scenery. | The protection and maintenance of the natural and cultural values of the area of land while providing for ecologically sustainable recreation consistent with conserving those values. | |
| State reserve | An area of land containing any of the following: | The protection and maintenance of any one or more of the following: | |
| significant natural landscapes; | (a) the natural and cultural values of the area of land; | ||
| natural features; | (b) sites, objects or places of significance to Aboriginal people contained in that area of land; | ||
| sites, objects or places of significance to Aboriginal people. | (b) use of the area of land by Aboriginal people – | ||
| while providing for ecologically sustainable recreation consistent with conserving any of the things referred to in paragraph (a), (b) and (c) as applicable. | |||
| Nature reserve | An area of land that contains natural values that – | The conservation of the natural biological diversity or geological diversity of the area of land, or both, and the conservation of the natural values of that area of land that are unique, important or have representative value. | |
| contribute to the natural biological diversity or geological diversity of the area of land, or both; and | |||
| are unique, important or have representative value. | |||
| Game reserve | An area of land containing natural values that are unique, important or have representative value particularly with respect to game species. | The conservation of the natural values of the area of land that are unique, important or have representative value, the conservation of the natural biological diversity or geological diversity of that area of land, or both, and the ecologically sustainable hunting of game species in that area of land. | |
| Conservation area | An area of land predominantly in a natural state. | The protection and maintenance of the natural and cultural values of the area of land and the sustainable use of the natural resources of that area of land. | |
| Nature recreation area | An area of land – | Public recreation and education consistent with conserving the natural and cultural values of the area of land. | |
| predominantly in a natural state; or | |||
| containing sensitive natural sites of significance for recreation. | |||
| Regional reserve | An area of land – | Mineral exploration and the development of mineral deposits in the area of land, and the small-scale use of other natural resources of that area of land, while protecting and maintaining the natural and cultural values of that area of land. | |
| with high mineral potential or prospectivity; and | |||
| predominantly in a natural state. | |||
| Historic site | An area of land of significance for historic cultural heritage. | The conservation of the historic features of the area of land and the presentation of those features for public appreciation and education. | |
| Private sanctuary | An area of land that has significant natural or cultural values, or both. | The protection and maintenance of the natural or cultural values of the area of land, or both, while permitting the carrying out of agricultural or other activities on that land consistent with conserving those values. | |
| Private nature reserve | An area of land that contains natural values that – | The conservation of the natural biological diversity or geological diversity of the area of land, or both, and the conservation of the natural values of that area of land that are unique, important or have representative value. | |
| contribute to the natural biological diversity or geological diversity of the area of land, or both; and | |||
| are unique, important or have representative value. |
Objectives for management of reserved land Section 3 and Part IV
| Column 1 | Column 2 | |
|---|---|---|
| Class of reserved land | Management objectives | |
| National park | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage education based on the purpose of reservation and the natural or cultural values of the national park, or both; | ||
| to encourage research, particularly that which furthers the purpose of reservation; | ||
| to protect the national park against, and rehabilitate the national park following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the national park's natural and cultural values and on assets within and adjacent to the national park; | ||
| to encourage and provide for tourism, recreational use and enjoyment consistent with the conservation of the national park's natural and cultural values; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purpose of reservation and the other management objectives; | ||
| to preserve the natural, primitive and remote character of wilderness areas. | ||
| State reserve | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the State reserve, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the State reserve against, and rehabilitate the State reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the State reserve's natural and cultural values and on assets within and adjacent to the State reserve; | ||
| to encourage tourism, recreational use and enjoyment consistent with the conservation of the State reserve's natural and cultural values. | ||
| Nature reserve | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the nature reserve, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the nature reserve against, and rehabilitate the nature reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the nature reserve's natural and cultural values and on assets within and adjacent to the nature reserve; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives. | ||
| Game reserve | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to provide for the taking, on an ecologically sustainable basis, of designated game species for commercial or private purposes, or both; | ||
| to encourage appropriate tourism, recreational use and enjoyment, particularly sustainable recreational hunting; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the game reserve, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the game reserve against, and rehabilitate the game reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the game reserve's natural and cultural values and on assets within and adjacent to the game reserve; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives. | ||
| Conservation area | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to provide for the controlled use of natural resources; | ||
| to provide for exploration activities and utilisation of mineral resources subject to appropriate controls; | ||
| to provide for the taking, on an ecologically sustainable basis, of designated game species for commercial or private purposes, or both; | ||
| to provide, in special circumstances, for other small-scale commercial or industrial uses; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the conservation area, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the conservation area against, and rehabilitate the conservation area following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the conservation area's natural and cultural values and on assets within and adjacent to the conservation area; | ||
| to encourage appropriate tourism, recreational use and enjoyment consistent with the conservation of the conservation area's natural and cultural values; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives. | ||
| Nature recreation area | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage tourism, recreational use and enjoyment consistent with the conservation of the nature recreation area's natural and cultural values; | ||
| to encourage education based on the purpose of reservation and the natural or cultural values of the nature recreation area, or both; | ||
| to encourage research, particularly that which furthers the purpose of reservation; | ||
| to protect the nature recreation area against, and rehabilitate the nature recreation area following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the nature recreation area's natural and cultural values and on assets within and adjacent to the nature recreation area; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purpose of reservation and the other management objectives; | ||
| to provide for exploration activities and utilisation of mineral resources subject to appropriate controls. | ||
| Regional reserve | The following objectives: | |
| to provide for mineral exploration activities and utilisation of mineral resources; | ||
| to provide for the controlled use of other natural resources on a small scale; | ||
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the regional reserve, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the regional reserve against, and rehabilitate the regional reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the regional reserve's natural and cultural values and on assets within and adjacent to the regional reserve; | ||
| to encourage tourism, recreational use and enjoyment consistent with the conservation of the regional reserve's natural and cultural values; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives; | ||
| to provide for the taking, on an ecologically sustainable basis and where appropriate, of designated game species for commercial or private purposes, or both. | ||
| Historic site | The following objectives: | |
| to conserve sites or areas of historic cultural significance; | ||
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to encourage education based on the purposes of reservation and the natural or cultural values of the historic site, or both; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the historic site against, and rehabilitate the historic site following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the historic site's natural and cultural values and on assets within and adjacent to the historic site; | ||
| to encourage tourism, recreational use and enjoyment consistent with the conservation of the historic site's natural and cultural values; | ||
| to encourage cooperative management programs with Aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the other management objectives. | ||
| Private sanctuary | The following objectives: | |
| to conserve natural biological diversity; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage research, particularly that which furthers the purpose of reservation; | ||
| to protect the private sanctuary against, and rehabilitate the private sanctuary following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the private sanctuary's natural and cultural values and on assets within and adjacent to the private sanctuary. | ||
| Private nature reserve | The following objectives: | |
| to conserve natural biological diversity, particularly in relation to identified species, communities or habitats; | ||
| to conserve geological diversity; | ||
| to preserve the quality of water and protect catchments; | ||
| to conserve sites or areas of cultural significance; | ||
| to encourage research, particularly that which furthers the purposes of reservation; | ||
| to protect the private nature reserve against, and rehabilitate the private nature reserve following, adverse impacts such as those of fire, introduced species, diseases and soil erosion on the private nature reserve's natural and cultural values and on assets within and adjacent to the private nature reserve. |
Objectives of the resource management and planning system of Tasmania Section 3 The objectives of the resource management and planning system of Tasmania are – to promote the sustainable development of natural and physical resources and the maintenance of ecological processes and genetic diversity; and to provide for the fair, orderly and sustainable use and development of air, land and water; and to encourage public involvement in resource management and planning; and to facilitate economic development in accordance with the objectives set out in paragraphs (a), (b) and (c); and to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State. In item 1(a),sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while – sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and safeguarding the life-supporting capacity of air, water, soil and ecosystems; and avoiding, remedying or mitigating any adverse effects of activities on the environment. Registration of Proclamations Referred to in Section 16A Section 16A A proclamation required to be registered under section 16A(1) is to be so registered by lodging with the Recorder – a copy of the proclamation; and particulars of the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority. Where a proclamation has been lodged under subclause (1), the Recorder is to record the proclamation on the folio of the Register constituting the title to the land to which the proclamation relates that is not Crown land or land vested in a public authority. Where the whole or any part of the land referred to in clause 1(1)(b) is not under the Land Titles Act 1980, the Recorder is to bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act. Where part only of the land referred to in clause 1(1)(b) to which a proclamation relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder is to issue a consolidated title to the whole of the land and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land. The Recorder is not bound, for the purposes of subclause (1), to investigate the title to any land. A proclamation required to be registered under subsection (2) or subsection (3) of section 16A – is to contain particulars of the title to the area of the private sanctuary or private nature reserve – to which it relates, in the case of a proclamation required to be registered under subsection (2) of that section; or ceasing to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve by virtue of the proclamation, in any other case; and is to be so registered by lodging with the Recorder a copy of the proclamation. Where a proclamation has been lodged under subclause (1), the Recorder is to record on the folio of the Register constituting the title to the area of the private sanctuary or private nature reserve to which the proclamation relates – particulars of the alteration or name contained in the proclamation, in the case of a proclamation required to be registered under section 16A(2); or a statement that that area of land has ceased to be, or to form part of, reserved land in the class of private sanctuary or private nature reserve declared by the proclamation previously registered in respect of that land, in any other case. A fee is not payable in respect of the registration of a proclamation in accordance with this Schedule. In this Schedule,Register has the same meaning as it has in the Land Titles Act 1980. Provisions with respect to membership and meetings of a Conservation Management Trust Section 23C Interpretation In this Schedule,Trust means a Conservation Management Trust established under section 23A. Terms and conditions of office of members of Trust A member of a Trust – is to be appointed for such period as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and may be removed from office by the Minister by notice in writing addressed and delivered to that member; and may at any time resign his or her office by notice in writing addressed and delivered to the Minister. The terms and conditions of office of a member of a Trust, with respect to matters not provided for in this Schedule, are as determined by the Minister. Change of name of body which member of Trust represents If the body referred to in paragraph (f) of section 23C(1) changes its name to another name or ceases to exist under the name referred to in that paragraph, the Minister may, by order, amend that paragraph – by substituting for the name of the body that other name; or by substituting for the name of that body the name of some other body which he or she is satisfied represents substantially the same interests as those represented by the first-mentioned body. Appointment of substitute to act during absence of member of Trust If a member of a Trust is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member of the Trust to act in the place of that member during that period. Convening of meetings Meetings of a Trust may be convened by the chairperson of the Trust or by any 2 or more members of the Trust. Quorum Five members of a Trust constitute a quorum of the Trust. Presiding at meetings The chairperson of a Trust is to preside at all meetings of the Trust at which he or she is present. If the chairperson of a Trust is not present at a meeting of the Trust, a member of the Trust elected by the members present is to preside at that meeting. Decision of meeting A decision carried by a majority of the votes of the members present at a meeting of a Trust is to be a decision of the Trust. Power of Trust to regulate its own procedure Subject to this Schedule, the procedure for the calling of meetings of a Trust and for the conduct of business at those meetings is to be as determined by the Trust.
The amendment effected by this section has been incorporated into the authorised version of the National Parks and Wildlife Act 1970.
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