Regional Forest Agreement (Land Classification) Act 1998

Sections 14, 15, 15A, 15B, 16 and 16A of the Principal Act are repealed and the following sections are substituted:

14. Declaration of Crown land as reserved land If the Governor is of the opinion that any Crown land should be set aside for a conservation purpose, the Governor, by proclamation, may – declare that land to be reserved land in one of the following classes:national park;State reserve; nature reserve; game reserve; conservation area; nature recreation area; regional reserve; historic site; and give a name to that reserved land. Any name given to reserved land under subsection (1) is to – include the name of the class of that reserved land as specified in that subsection; and be given on the recommendation of the Minister after consultation with the Nomenclature Board. A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15. This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920. Subject to any proclamation made under section 16, any area of reserved land in a class referred to in subsection (1)(a) remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land.14A. Declaration of private land as reserved land If the Governor is of the opinion that any private land should be set aside for a conservation purpose, the Governor, by proclamation, may – declare that land to be reserved land in the class of – private sanctuary; or private nature reserve; and give a name to that reserved land. Any name given to reserved land under subsection (1) is to – include the name of the class of that reserved land as specified in that subsection; and be given on the recommendation of the Minister after consultation with the Nomenclature Board. A proclamation under subsection (1) may only be made declaring land to be reserved land in a class referred to in that subsection if the land satisfies the criteria relating to that class as set out in section 15. A proclamation is not to be made under subsection (1) without the consent of the owner of the land. Subject to any proclamation made under section 16, any area of reserved land in the class of private sanctuary or private nature reserve remains reserved land of that class notwithstanding any subsequent disposition of the land or any other dealing in that land. A proclamation made under subsection (1) does not have effect until it is registered in accordance with section 16A.14B. Land vested in public authority If the Governor is of the opinion that any land vested in a public authority should be set aside for a conservation purpose, the Governor, by proclamation, may – declare that land to be reserved land in the class of conservation area; and give a name to that reserved land. Any name given to reserved land under subsection (1) is to – include the name of the class of that reserved land as specified in that subsection; and be given on the recommendation of the Minister after consultation with the Nomenclature Board. A proclamation under subsection (1) may only be made declaring land to be reserved land in the class of conservation area if the land satisfies the criteria relating to that class as set out in section 15(5). A proclamation is not to be made under subsection (1) without the consent of the public authority in which the land is vested. This section does not apply to any Crown land that is State forest within the meaning of the Forestry Act 1920. Subject to any proclamation made under section 16, any area of reserved land that is vested in a public authority remains reserved land in the class of conservation area notwithstanding any subsequent disposition of the land or any other dealing in that land.14C. Land acquired by Governor as reserved land The Governor may acquire any area of land that, in the opinion of the Governor, should be acquired for a conservation purpose. Any area of land acquired under subsection (1), from the date of the registration of the title in the name of the Crown – is taken to have been set aside for a conservation purpose; and is declared to be reserved land in the class of conservation area.14D. Lease of reserved land If the Minister, on the recommendation of the Director, is satisfied that any land should be set aside for a conservation purpose for a specified period, the Minister may, in the name and on behalf of the Crown, take a lease of that land for such term, and on such covenants and conditions, as may be approved by the Minister. For the term of the lease of an area of land under subsection (1), that land is – taken to have been set aside for a conservation purpose; and is declared to be reserved land in – the class of national park if the land satisfies the criteria relating to that class as set out in section 15(1); or the class of State reserve if the land satisfies the criteria relating to that class as set out in section 15(2); or the class of nature reserve if the land satisfies the criteria relating to that class as set out in section 15(3); or the class of game reserve if the land satisfies the criteria relating to that class as set out in section 15(4); or the class of historic site if the land satisfies the criteria relating to that class as set out in section 15(8).15. Classes of reserved land Land may be declared to be reserved land in the class of national park if – the land – possesses the values specified in item 1 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of national park possessing those values; and the land was reserved for – the purpose specified in item 1 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of State reserve if – the land – possesses the values specified in item 2 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of State reserve possessing those values; and the land was reserved for – any one or more of the purposes specified in item 2 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of nature reserve if – the land – possesses the values specified in item 3 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of nature reserve possessing those values; and the land was reserved for – the purposes specified in item 3 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of game reserve if – the land – possesses the values specified in item 4 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of game reserve possessing those values; and the land was reserved for – the purposes specified in item 4 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of conservation area if – the land – possesses the values specified in item 5 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of conservation area possessing those values; and the land was reserved for – the purposes specified in item 5 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of nature recreation area if – the land – possesses the values specified in item 6 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of nature recreation area possessing those values; and the land was reserved for – the purpose specified in item 6 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of regional reserve if – the land – possesses the values specified in item 7 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of regional reserve possessing those values; and the land was reserved for – the purposes specified in item 7 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of historic site if – the land – possesses the values specified in item 8 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of historic site possessing those values; and the land was reserved for – the purposes specified in item 8 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of private sanctuary if – the land – possesses the values specified in item 9 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of private sanctuary possessing those values; and the land was reserved for – the purpose specified in item 9 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (a)(ii). Land may be declared to be reserved land in the class of private nature reserve if – the owner of the land has given up any right to require that the reservation of that land be revoked; and the land – possesses the values specified in item 10 of Column 2 of Schedule 3; or adjoins an area of reserved land in the class of private nature reserve possessing those values; and the land was reserved for – the purposes specified in item 10 of Column 3 of that Schedule; or any purpose that, in the opinion of the Governor, would promote the better management or more effective use of that land or the adjoining reserved land referred to in paragraph (b)(ii).15A. Alteration of class of reserved land The Governor, by proclamation, may – declare any reserved land, or part of any reserved land, that has been declared to be in one of the classes referred to in section 14(1) to be reserved land in another of the classes specified in that section; and give a name to that reserved land. Any name given to any reserved land under subsection (1) is to – include the name of the class of that reserved land, as specified in section 14(1); and be given on the recommendation of the Minister after consultation with the Nomenclature Board. A proclamation under subsection (1) may only be made declaring land to be reserved land in another class if the land satisfies the criteria relating to that other class as set out in section 15.15B. Parliamentary approval required for certain draft proclamations A proclamation is not to be made under section 14(1) or section 15A(1) declaring land to be reserved land in the class of national park, State reserve, nature reserve or historic site unless a draft of the proclamation has been first approved by each House of Parliament. A proclamation is not to be made under section 15A(1) declaring any reserved land, or part of any reserved land, in the class of national park, State reserve, nature reserve, game reserve or historic site to be in any other class unless a draft of the proclamation has been first approved by each House of Parliament. For the purpose of subsection (1), a House of Parliament is to be taken to have approved a draft of a proclamation if a copy of it has been laid on the table of the House and – it is approved by the House; or at the expiration of 15 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 15 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived. Section 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 and the Subordinate Legislation Committee Act 1969 apply to a proclamation referred to in subsection (1) as if the proclamation were a regulation.15C. Naming of reserved land The Governor, by proclamation, may give a name to any reserved land – that has not been given a name under this Act; or whose name does not include the name of a class of reserved land specified in section 14(1) or section 14A(1). The Governor, by proclamation, may give another name to any reserved land, or part of any reserved land, that has been given a name under this Act. Any name given to any reserved land under subsection (1) or (2) is to – include the name of the class of that reserved land as specified in section 14(1) or section 14A(1); and be given on the recommendation of the Minister after consultation with the Nomenclature Board. A proclamation is not to be made under subsection (1) or (2) if that proclamation would have the effect of altering the class of any reserved land. A proclamation made under subsection (1) or (2) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A.15D. Prohibition of certain names except in reference to reserved land A person must not use, or cause or permit to be used, alone or in combination with other words, the name of any class of reserved land as specified in section 14(1) or section 14A(1) in reference to any land – that is not reserved land; or that is not reserved land of that class. Fine not exceeding 20 penalty units.16. Revocation of reservations Subject to this section, the Governor by proclamation may declare that, on such day as may be specified in the proclamation or on the day the proclamation is notified in the Gazette, any area of land ceases to be, or to form part of, reserved land and, on that day, that reserved land is abolished or varied accordingly. Subject to subsection (5), a proclamation is not to be made under subsection (1) unless a draft of the proclamation has been first approved by each House of Parliament. A proclamation is not to be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under section 25A for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that – the owner has refunded – any money paid for the purpose of securing that reserve; or an appropriate proportion of that money; or the owner has refunded – any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or an appropriate proportion of that money; or the owner has refunded – any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or an appropriate proportion of that money; or special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money. For the purposes of this section, in respect of a proclamation relating to reserved land in the class of conservation area or regional reserve, a House of Parliament is to be taken to have approved a draft of the proclamation if a copy of it has been laid on the table of the House and – it is approved by the House; or at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived. Subsection (2) does not apply to a proclamation relating to reserved land in any of the following classes:nature recreation area; private sanctuary. A proclamation made under subsection (1) in relation to reserved land in the class of private sanctuary or private nature reserve does not have effect until it is registered in accordance with section 16A. This section does not apply to leased reserves.16A. Registration of proclamations relating to private sanctuaries or private nature reserves If a proclamation is made under section 14A declaring any land to be in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of that land. If a proclamation is made under section 15C relating to any reserved land in the class of private sanctuary or private nature reserve, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates. If a proclamation is made under section 16(1) by which the whole or any part of reserved land in the class of private sanctuary or private nature reserve ceases to be, or form part of, reserved land, the Minister, as soon as is practicable, is to cause the proclamation to be registered in respect of the land to which it relates. The provisions of Schedule 6 have effect in relation to the registration of proclamations referred to in this section. Nothing in section 40 of the Land Titles Act 1980 is to be construed as affecting the validity of any proclamation referred to in this section or as prejudicing or affecting the operation of any such proclamation.

The amendment effected by this section has been incorporated into the authorised version of the National Parks and Wildlife Act 1970.