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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 25 August 2017 to date (accessed 20 September 2017 at 15:28)
Part 2
Part 2 Administration
Division 1 National Parks and Wildlife Service
6   The Service
The National Parks and Wildlife Service consists of the following:
(a)  the Chief Executive,
(b)  those persons employed in the Office who are principally involved in the administration of the national parks legislation,
(c)  the persons in respect of whom any arrangements under section 11 are for the time being in force.
7   Functions of Chief Executive relating to reservation of land
(1)  The Chief Executive is to consider, and may investigate, proposals for the addition of areas to any land reserved under Part 4 or for the reservation of any new areas under Part 4.
(2)  When considering or investigating any such proposal, the Chief Executive is to have regard to the following:
(a)  the desirability of protecting the full range of natural heritage and the maintenance of natural processes,
(b)  whether the proposal is consistent with the establishment of a comprehensive, adequate and representative reserve system,
(c)  the desirability of protecting cultural heritage,
(d)  providing opportunities for appropriate public appreciation and understanding, and sustainable visitor or tourist use and enjoyment, of land reserved under this Act,
(e)  the opportunities for promoting the integration of the management of natural and cultural values,
(f)  the desirability of protecting wilderness values,
(g)  the objects of this Act,
(h)  the desirability of protecting world heritage properties and world heritage values.
8   Miscellaneous functions of Chief Executive
(1)–(2A)    (Repealed)
(3)  The Chief Executive shall in the case of every national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve and Aboriginal area:
(a)  promote such educational activities as the Chief Executive considers necessary in respect thereof,
(b)  arrange for the carrying out of such works as the Chief Executive considers necessary for or in connection with the management and maintenance thereof, and
(c)  undertake such scientific research as the Chief Executive considers necessary for or in connection with the preservation, protection, management and use thereof.
(4)  The Chief Executive may promote such educational activities, and undertake such scientific research, in respect of Aboriginal objects and Aboriginal places as the Chief Executive thinks fit, either separately or in conjunction with other persons or bodies.
(4A)  The Chief Executive is to promote opportunities for partnerships and agreements between Aboriginal people and land owners and managers in relation to places, objects and features of significance to Aboriginal people (whether on land reserved or acquired under this Act or not).
(5)  As soon as practicable after an Aboriginal object is discovered on any land reserved under this Act, the Chief Executive, after such consultation with the Australian Museum Trust as appears necessary or expedient, is required to assess the scientific importance of the Aboriginal object.
(6)  The Chief Executive may consider and investigate proposals in relation to existing or proposed Aboriginal places, wilderness areas, wild rivers, wildlife refuges and interim protection orders.
(6A)  The Chief Executive may:
(a)  consider and investigate proposals in relation to existing or proposed conservation areas,
(b)  enter into negotiations on behalf of the Minister in relation to existing or proposed conservation areas, and
(c)  in the case of every conservation area, but subject to the terms of the conservation agreement concerned:
(i)  promote such educational activities as the Chief Executive considers necessary in respect of the area,
(ii)  arrange for the carrying out of such works as the Chief Executive considers necessary for or in connection with the management and maintenance of the area,
(iii)  undertake such scientific research as the Chief Executive considers necessary for or in connection with the preservation, protection, management and use of the area, and
(iv)  take such other action as the Chief Executive considers necessary for or in connection with the carrying out of directions by the Minister relating to existing or proposed conservation agreements.
(7)  The Chief Executive:
(a)  may promote such educational activities as the Chief Executive considers necessary to awaken and maintain an appreciation of the value of and the need to conserve animal and plant life, including to conserve threatened species, populations and ecological communities, and their habitats,
(b)  may enter into arrangements for the carrying out of such works as the Chief Executive considers necessary for or in connection with the protection and care of fauna and the protection of native plants,
(c)  may undertake such scientific research as the Chief Executive considers necessary for or in connection with the preservation, protection and care of fauna and the protection of native plants and other flora, either separately or in conjunction with other persons or bodies, and
(d)  shall co-operate with the trustees of any lands dedicated or reserved under the Crown Lands Consolidation Act 1913, or the Closer Settlement Acts, in connection with:
(i)  the preservation of, the protection and care of, and the promotion of the study of, fauna, and
(ii)  the protection of, and the promotion of the study of, native plants and other flora,
and generally shall co-operate with any other persons or bodies in the establishment, care and development of areas of lands set apart for the conservation and preservation of wildlife.
(8)  The Chief Executive may promote such educational activities as the Chief Executive considers necessary for the instruction and training of ex-officio rangers, honorary rangers and prospective honorary rangers.
(9)  Without affecting the generality of any other provision of this Act conferring powers on the Chief Executive, the Chief Executive may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or performance by the Chief Executive or the Service of the Chief Executive’s or its responsibilities, powers, authorities, duties or functions conferred or imposed by or under this or any other Act.
(10)  The Chief Executive shall, in the exercise and discharge of the powers, authorities, duties and functions conferred or imposed on the Chief Executive by or under this or any other Act, be subject to the control and direction of the Minister.
(11), (12)    (Repealed)
9   Audit and compliance
(1)  The Minister is to establish an Audit and Compliance Committee to oversee the compliance of the Chief Executive with his or her obligations under this or any other Act.
(2)  The Minister may also request the Audit and Compliance Committee to oversee the investigation of any matter relating to the Chief Executive’s obligations under this or any other Act.
(2A)  The Audit and Compliance Committee has such other functions as may be conferred or imposed on it by this or any other Act.
(3)  The Audit and Compliance Committee may request the Chief Executive to provide any document or information in the Chief Executive’s possession to assist the Committee in the exercise of its functions. The Chief Executive must, unless the Minister directs otherwise, provide such documents or information to the Committee.
(4)  The members of the Committee are to comprise the Chief Executive (or the Chief Executive’s delegate) and the following members appointed by the Minister:
(a)  1 member of the Council,
(b)    (Repealed)
(c)  1 member with expertise in the protection of natural or cultural heritage who is not a person employed in the Public Service,
(d)  1 member with scientific qualifications and expertise in nature conservation, not being an officer of the Service,
(e)  1 member with legal or financial experience and expertise, not being a person employed in the Public Service,
(f)  2 officers of the Service.
(5)  The members of the Committee referred to in subsection (4) (a), (c), (d) and (e) are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.
(6)  An appointed member of the Committee holds office for such period, and on such terms, as are specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
(7)  The Audit and Compliance Committee is to report to the Minister at least every 2 years from the commencement of this section.
10   (Repealed)
11   Use of services of personnel of public authorities
(1)    (Repealed)
(2)  The Minister or the Chief Executive may, with the approval of the statutory corporation or council concerned, on such terms as may be arranged, make use of the services of any of the officers, employees or servants of a statutory corporation or of a council or county council under the Local Government Act 1993.
(3)    (Repealed)
(4)  The Minister or the Chief Executive may, with the approval of the trustees of any state conservation area, on such terms as may be arranged, make use of the services of any of the officers, employees or servants of those trustees.
(5)  The services of any person may only be used under this section for the purposes of the national parks legislation.
12   Powers and functions of Service
The Service is to carry out such works and activities as the Minister may direct, either generally or in a particular case, in relation to the following:
(a)  the conservation and protection of land reserved under this Act or acquired for reservation under this Act and of land for which the National Parks and Wildlife Reserve Trust is the trustee,
(b)  the conservation and protection of wildlife (including threatened species, populations and ecological communities, and their habitats),
(c)  the conservation and protection of wilderness areas and wild rivers,
(d)  the identification, conservation and protection of, and prevention of damage to, Aboriginal objects and Aboriginal places,
(e)  conservation agreements and conservation areas,
(f)  the provision of facilities and opportunities for sustainable visitor or tourist use and enjoyment on land reserved under this Act,
(g)  the identification and protection of buildings, places and objects of non-Aboriginal cultural values on land reserved under this Act,
(h)  the conduct of research into and the monitoring of any of the matters referred to in paragraphs (a)–(e),
(i)  the undertaking of public education in relation to any of the matters referred to in paragraphs (a)–(e).
Division 2
13–15   (Repealed)
Division 3 Ex-officio and honorary rangers
16   Ex-officio rangers
(1)  Unless removed from office under this Division, each police officer, each authorised officer within the meaning of the Forestry Act 2012 and each fisheries officer within the meaning of the Fisheries Management Act 1994 shall, by virtue of his or her office, be a ranger.
(2)    (Repealed)
17   Honorary rangers
(1)  The Chief Executive may, by instrument in writing, appoint honorary rangers.
(2)  Where the term for which an honorary ranger is to hold office is specified in the instrument of the honorary ranger’s appointment, the honorary ranger shall, unless he or she is sooner removed from office under this Division, cease to hold office upon the expiration of that term.
(3)  An honorary ranger shall, unless the honorary ranger is sooner removed from office under this Division, cease to hold office if the honorary ranger resigns the office by instrument in writing addressed to the Chief Executive.
18   Removal or suspension of ex-officio and honorary rangers
(1)  The Chief Executive may, by instrument in writing, remove or suspend from office any ex-officio ranger or honorary ranger.
(2)  An ex-officio ranger or honorary ranger who is suspended from office under this section shall not exercise any of the powers, authorities, duties and functions of an ex-officio ranger or honorary ranger, as the case may be, during the period of his or her suspension.
(3)  The Chief Executive may, by instrument in writing, reinstate any ex-officio ranger or honorary ranger suspended from office under this section.
19   Powers and functions of ex-officio rangers
(1)  In addition to any other powers, authorities, duties and functions conferred or imposed upon an ex-officio ranger by or under this or any other Act, an ex-officio ranger shall have and may exercise and perform such of the powers, authorities, duties and functions as are conferred or imposed by or under this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 on officers of the Service and as are specified or described in the regulations for the purposes of this subsection, but subject to such limitations and restrictions (if any) as are specified or described therein.
(2)  Without affecting the generality of section 156 (2), a regulation made in relation to any matter referred to in subsection (1) may apply generally or to any ex-officio ranger or class of ex-officio rangers specified or described therein.
20   Powers and functions of honorary rangers
In addition to any other powers, authorities, duties and functions conferred or imposed upon an honorary ranger by or under this or any other Act, an honorary ranger shall have and may exercise and perform such of the powers, authorities, duties and functions as are conferred or imposed by or under this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 on officers of the Service and as are specified or described in the instrument of his or her appointment, but subject to such limitations and restrictions (if any) as are specified or described therein.
Division 4 Delegation
21   Delegation
(1)  The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to:
(a)  the Chief Executive, or
(b)  a person employed in the Office, or
(c)  a board of management, or
(c1)  a state conservation area trust or a regional park trust, or
(c2)  the Chairperson of the Environment Protection Authority, or
(c3)  a member of staff of the Environment Protection Authority, or
(d)  any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
(2)  The Chief Executive may delegate the exercise of any function of the Chief Executive under this Act (other than this power of delegation) to:
(a)  a person employed in the Office, or
(b)  a board of management, or
(b1)  the Chairperson of the Environment Protection Authority, or
(b2)  a member of staff of the Environment Protection Authority, or
(c)  any person, or any class of persons, authorised for the purposes of this subsection by the regulations.
(3)  The power to delegate under subsection (1) or (2) extends to the following functions of the Minister or the Chief Executive, as the case may be:
(a)  functions conferred or imposed by Acts that substantially provide for the reservation of land under this Act, or the vesting of land in the Minister for the purposes of Part 11 (for example, the Brigalow and Nandewar Community Conservation Area Act 2005, the National Park Estate (Reservations) Act 2002 and the National Park Estate (Southern Region Reservations) Act 2000),
(b)  functions conferred or imposed by Acts, that are exercisable:
(i)  by the Minister as owner or occupier of land, being land acquired, or the subject of other dealings, by the Minister (whether on behalf of Her Majesty or on the Minister’s own behalf) under Part 11, or
(ii)  by the Chief Executive as an occupier of land, being land of which the Chief Executive has care, control and management under this Act,
(c)  functions conferred or imposed:
(i)  on the Minister by clause 9 (2) or 10 (2) of Schedule 7A to the Crown Lands (Continued Tenures) Act 1989, or
(ii)  on the Chief Executive by section 14 (1A) of the Dividing Fences Act 1991, or
(iii)  on the Chief Executive (as an impounding authority) by the Impounding Act 1993 (other than by section 26 (1)), or
(iv)  on the Chief Executive by section 36A (3) (d) (ii), 36B (4) (d) (ii) or 36D (3) (d) (ii) of the Local Government Act 1993, or
(v)  on the Chief Executive by section 15 (4) or (5) of the Plantations and Reafforestation Act 1999, or
(vi)  on the Chief Executive under the Public Health Act 2010 in relation to burials on land reserved or acquired under this Act, or
(vii)  on the Chief Executive by section 47 (1) (d) or 100K (1) (b) of the Rural Fires Act 1997, or
(viii)  on the Chief Executive by section 25 (2) of the State Records Act 1998, or
(ix)  on the Chief Executive (as an enforcement agency) by or under the Food Act 2003.