(1) (Repealed)(2) For the purposes of section 19 (1) of the Act, an ex-officio ranger (whether a police officer, a fisheries officer within the meaning of the Fisheries Management Act 1994 or an authorised officer within the meaning of the Forestry Act 2012) has the powers, authorities, duties and functions conferred or imposed on officers of the National Parks and Wildlife Service by or under sections 157 (1) and (2) and 158 of the Act.
98 Notice of preparation of plans of management
For the purposes of section 73A of the Act, notice of the preparation of a plan of management is to be given in the form of an advertisement published in the Gazette.
99 Transfer of Aboriginal objects
For the purposes of section 85A (1) (c) of the Act, the following are prescribed:(a) an Aboriginal person,(b) an organisation representing Aboriginal people.Note. Section 85A of the National Parks and Wildlife Act 1974 enables the Director-General of the Department of Environment, Climate Change and Water to dispose of Aboriginal objects (within the meaning of that Act) that are the property of the Crown:(a) by returning the Aboriginal objects to an Aboriginal owner or Aboriginal owners entitled to, and willing to accept possession, custody or control of the Aboriginal objects in accordance with Aboriginal tradition, or(b) by otherwise dealing with the Aboriginal objects in accordance with any reasonable directions of an Aboriginal owner or Aboriginal owners referred to in paragraph (a), or(c) if there is or are no such Aboriginal owner or Aboriginal owners—by transferring the Aboriginal objects to a person, or a person of a class, prescribed by the regulations for safekeeping.
For the purposes of section 135 of the Act, the period within which an appeal is to be made is 28 days after the date of the refusal, cancellation or attaching of the condition or restriction against which the appeal is brought.
(1) An appeal under section 135 of the Act is to be made by delivering a written statement to the Director-General, containing:(a) the appellant’s name and address, and(b) particulars of any application, consent, licence, certificate, condition or restriction relevant to the appeal, and(c) the grounds of the appeal.(2) If a statement is delivered to the Director-General under this clause, the Director-General must as soon as practicable deliver the statement to the Minister.
102 Notification of sites of Aboriginal objects
For the purposes of section 89A of the Act, the prescribed manner of notifying the Director-General of the location of an Aboriginal object is by means of a written notice in a form approved by the Director-General.
103 Terms of interim protection orders
(1) For the purposes of section 91B (3) of the Act, an interim protection order may contain terms of either or both of the following kinds:(a) terms that prohibit the owner or occupier of land subject to the order from doing any one or more of the things listed in subclause (2) or from causing or permitting them to be done,(b) terms that allow the owner or occupier to do any one or more of those things (or to cause or permit them to be done) only with the consent of the Minister or only subject to other conditions.(2) The things that may be prohibited or regulated by an interim protection order are:(a) the total or partial demolition, damaging, defacing, destruction, pulling down or removal of any building, structure or work on the land, and(b) the damaging or despoiling of the land or any part of it, and(c) the carrying on of any activity on the land that would constitute the carrying out of development (within the meaning of Division 12 of Part 4 of the Act) if the land were within a conservation area, whether or not it is within such an area, and(d) the exhibition of any notice or advertisement on the land, and(e) the damaging or destruction of any tree or other vegetation on, or the removal of any tree or other vegetation from, the land, and(f) the carrying on (whether or not within a park) of any activity that may affect the preservation, protection or maintenance of the land or any threatened species, population or ecological community, or its habitat (within the meaning of the Threatened Species Conservation Act 1995), or any fauna, plant, Aboriginal object or place on or within the land.
The rate of interest prescribed for the purposes of section 144A (2) (a) of the Act is the rate for the time being prescribed under section 101 of the Civil Procedure Act 2005 for payment of interest on a judgment debt.
(1) For the purposes of sections 164 and 165 of the Act, the prescribed evidence of a person’s authority is:(a) a written instrument of authority signed by the Director-General that identifies the person so authorised (unless the person has been provided with an identification card as referred to in paragraph (b)), or(b) the identification card provided to the person in respect of the person’s appointment as an authorised officer under section 189 of the Protection of the Environment Operations Act 1997 (as applying under section 156B of the Act).(2) For the purposes of section 164 (1) (a) (iii) of the Act, the prescribed form of receipt is a receipt in Form 1 of Schedule 3 or in any other form that may be approved by the Director-General.
106 Disposal of property seized or delivered up
(1) For the purposes of section 168 (1) (c) of the Act, the court making the conviction is the prescribed court.(2) For the purposes of section 168 (2) of the Act, if the proceedings referred to in section 168 (2) (b):(a) have not been commenced within 2 years after the seizure or delivering up of the property—the Local Court is the prescribed court, or(b) have been dismissed—the court dismissing the proceedings is the prescribed court,Note. Section 168 of the Act provides for the making of applications to a “court prescribed” for an order that property seized under section 164 of the Act or delivered up under section 165 of the Act be delivered to a specified person.
107 Limitations on routine farming practice activities
(1) A routine farming practice activity referred to in section 118G (1) (b) of the Act is limited by excluding the activities of buying, selling, possessing or controlling any animal or plant that is, or is part of, a threatened species or endangered population.(2) A routine farming practice activity referred to in section 118G (1) (b) of the Act is limited by excluding any activity carried out for the purpose of preventing, reducing, minimising or eliminating:(a) damage to or loss of crops, livestock or farming infrastructure (such as dams, fences, buildings, sheds, windmills, bores, air strips, stockyards and farm roads), or(b) injury to the health of livestock,if the activity results in or is likely to result in the harming of:(c) any protected fauna within the meaning of section 98 of the Act, or(d) any animal that is a threatened species or is part of an endangered population or an endangered ecological community.
The National Parks and Wildlife (Savings and Transitional) Regulation 1997 is repealed.
(1) Any act, matter or thing that, immediately before the repeal of the National Parks and Wildlife Regulation 2002, had effect under that Regulation, is taken to have effect under this Regulation.(2) For the avoidance of doubt:(a) a requirement of an officer duly authorised by the Director-General under clause 54 (3) of the National Parks and Wildlife Regulation 2002 is taken to be a requirement of the Director-General under clause 57 (3) of this Regulation, and(b) an authorisation by an officer of the National Parks and Wildlife Service authorised by the Director-General under clause 59 (2) of the National Parks and Wildlife Regulation 2002 is taken to be an authorisation by the Director-General under clause 69 (2) of this Regulation.