You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (1974 - 80)
National Parks and Wildlife Act 1974 No 80
Current version for 25 August 2017 to date (accessed 22 November 2017 at 02:50)
Part 4 Division 5
Division 5 Regional parks
47O   Reservation of regional parks
(1), (2)    (Repealed)
(3)  On the publication of a notice under Division 1 reserving land as a regional park:
(a)  the land described in the notice becomes Crown land to the extent to which it was not Crown land immediately before that publication, and
(b)  if trustees of all or any of the land so described were holding office under any other Act in respect of the land immediately before that publication, those trustees cease to hold office in respect of that land, and
(c)  the care, control and management of the land so described vests:
(i)  in the Chief Executive, or
(ii)  if a regional park trust is established in respect of the land—in the regional park trust, or
(iii)  if a local council has, with the concurrence of the council, been nominated by the Minister in the notice—in the council.
(4)  To the extent to which a dedication, reservation (other than a reservation under Division 1 reserving land as a regional park) or vesting affects land described in a notice published under Division 1 reserving land as a regional park, the publication revokes the dedication, reservation or vesting, and the instruments of title (if any) are to be surrendered for cancellation or notation.
(5)  A notice under Division 1 reserving land as a regional park may be made in relation to one or more regional parks.
(6)  Schedule 9A (Transfer of assets, rights and liabilities) has effect.
(7)  A local council may not be nominated by the Minister under subsection (3) (c) (iii) in respect of a regional park if the regional park is wholly or partly within the area of another local council, except with the consent of the other council.
(8)  A local council nominated under subsection (3) (c) (iii) by the Minister:
(a)  has, subject to this Act, the care, control and management of the regional park concerned, and
(b)  has the powers and functions conferred or imposed on it by or under this Act, and
(c)  is, in the exercise of such powers and functions, subject to the control and direction of the Minister.
47OA   Care, control and management of regional parks reserved under Part 4A
(1)  Despite section 47O, on the publication of a notice under Part 4A reserving lands as a regional park, the Chief Executive has the care, control and management of the regional park until such time as a board of management is established for the regional park.
(2)  On the establishment of a board of management for the regional park, the board of management has the care, control and management of the regional park.
47P   Name of regional park and limitation on use of term “regional park”
(1)    (Repealed)
(2)  The term regional park is not to be used either alone or in conjunction with other words as the name of any land used for the purpose of public recreation and enjoyment unless the land is within a regional park reserved under this Division.
47Q   (Repealed)
47R   Tabling of notice of reservation, and disallowance
(1)  A copy of a notice published under Division 1 reserving land as a regional park must be laid before each House of Parliament within 14 sitting days (whether or not they occur in the same session) after publication of the notice.
(2)  If either House of Parliament passes a resolution of which notice has been given within 15 sitting days after such a copy has been laid before it (whether or not those sitting days occur in the same session) and the resolution disallows the reservation effected by the notice of any land as a particular regional park:
(a)  the reservation ceases to have effect, and
(b)  the land ceases to be, or ceases to be part of, a regional park.
(3)  If any land ceases to be, or to be part of, a regional park by virtue of the disallowance of a reservation under Division 1:
(a)  the Chief Executive, or any regional park trust appointed as trustee of the land, or any local council nominated by the Minister under section 47O, ceases to have the care, control and management of the land, and
(b)  the land may be dealt with as if it had been acquired under Part 11.
47S   Regional park trusts
(1)  The Minister may, by notice published in the Gazette, establish and name a regional park trust and appoint it as trustee of any one or more specified regional parks or any one or more parts of a regional park.
(2)  A regional park trust established under this section is constituted by this Act as a corporation having as its corporate name the name assigned to the trust in the notice of its establishment. The Minister may, by notice published in the Gazette, change the corporate name of a regional park trust.
(3)  A regional park trust:
(a)  has the care, control and management of any regional park (or part of a regional park) of which it is appointed trustee, and
(b)  has the powers and functions conferred or imposed on it by or under this or any other Act.
(4)  If the Chief Executive had the care, control and management of the regional park immediately before the establishment of the regional park trust, any thing done or entered into by the Chief Executive in connection with the regional park is taken to have been done or entered into by the regional park trust.
(5)  If a regional park trust is appointed as trustee of more than one regional park (or more than one part of a regional park), a reference in this Act to the regional park (or part of the park) in relation to the regional park trust includes a reference to any one or more of the regional parks (or any one or more of the parts of the regional park) of which the trust has been appointed as trustee.
47T   Regional park trust boards
(1)  There is to be a trust board established in respect of each regional park trust.
(2)  A regional park trust board is to consist of:
(a)  at least 3, but no more than 7, members appointed by the Minister, and
(b)  the holder of any office, or the holders of any offices, that the Minister considers appropriate.
(3)  The affairs of a regional park trust are to be managed by the trust board.
(4)  A trust board is subject to the control and direction of the Chief Executive.
(5)  Schedule 10 has effect with respect to the members and procedure of a trust board.
47U   (Repealed)
47V   Reports
(1)  A regional park trust must:
(a)  provide reports to the Chief Executive at such times, concerning such matters, and specifying such information, as may be required by the Chief Executive, and
(b)  keep such records as may be required by the Chief Executive.
(2)  A regional park trust must, at the request of the Chief Executive:
(a)  give the Chief Executive such information as the Chief Executive requires in relation to the operations of the trust, and
(b)  send to the Chief Executive such records kept by the regional park trust as the Chief Executive requires (including accounting records).
(3)  If a local council has the care, control and management of a regional park, the council must:
(a)  provide reports to the Minister at such times, concerning such matters, and specifying such information, as may be required by the Minister, and
(b)  keep such records as may be required by the Minister, and
(c)  at the Minister’s request, give the Minister such information as the Minister requires in relation to the care, control and management of the park by the council, and
(d)  at the Minister’s request, send to the Minister such records kept by the council in relation to the care, control and management of the park as the Minister requires.
47W   Inspection and audit
(1)  The Chief Executive may appoint a person to inquire into, or carry out an audit of, any of the affairs of a regional park trust.
(2)  If a local council has the care, control and management of a regional park, the Minister may appoint a person to inquire into, or carry out an audit of, any of the affairs of the council in relation to the park.
(3)  The appointed person may, for the purposes of the inquiry or audit:
(a)  inspect and take copies of or extracts from any records (including accounting records) of the trust or the local council in respect of the regional park, and
(b)  require any person concerned in the management of the regional park trust or the local council to give information and answer questions relating to the affairs of the regional park trust or the local council in respect of the regional park.
(4)  The power of the appointed person to inspect the records of a regional park trust or local council includes the power to inspect the records of a lessee or licensee which the trust or council has power to inspect under the lease or licence.
(5)  A person must not:
(a)  without lawful excuse, refuse or fail to allow the appointed person access to records to which the appointed person is entitled, or
(b)  without lawful excuse, refuse or fail to give information or answer questions, as required by the appointed person, or
(c)  wilfully obstruct or delay the appointed person in the exercise of a power under this section.
Maximum penalty: 5 penalty units.
47X   Removal of trust board members or local council and appointment of administrator
(1)  The Minister may, by notice published in the Gazette:
(a)  remove any or all of the members of a regional park trust board from office, or
(b)  remove all the members of a regional park trust board from office and appoint a person as the administrator of the regional park trust concerned.
(2)  If an administrator is appointed:
(a)  the affairs of the regional park trust are to be managed by the administrator, and
(b)  the administrator has and may exercise all the functions of the regional park trust.
(3)  The Minister may, by notice published in the Gazette, appoint an administrator:
(a)  to have the care, control and management of a regional park instead of a local council as nominated by the Minister under section 47O (3) (c) (iii), and
(b)  to exercise any of the functions of the local council in respect of the regional park.
(4)  Subject to this Act, an administrator holds office for such period as may be specified in the administrator’s instrument of appointment.
(5)  The Minister may remove an administrator from office at any time.
(6)  An administrator is entitled to be paid such remuneration as the Minister may direct. The office of an administrator is not, for the purposes of any Act, an office or place of profit under the Crown.
47Y   Dissolution of regional park trusts and revocation of nomination of local councils
(1)  The Minister may, by notice published in the Gazette, dissolve a regional park trust. A notice takes effect on the date of publication or such later date as is specified in the notice.
(2)  On such a notice taking effect, Schedule 9A (Transfer of assets, rights and liabilities) has effect.
(3)  The Minister may, by notice published in the Gazette, revoke the nomination of a local council under section 47O (3) (c) (iii) and transfer the care, control and management of the regional park concerned to the Chief Executive. Any such notice takes effect on the date of publication or such later date as is specified in the notice.
(4)  On the date that a notice under subsection (3) takes effect, the care, control and management of the regional park concerned is vested in the Chief Executive and the following provisions have effect:
(a)  any act, matter or thing done or omitted to be done before that date by, to or in respect of the local council in relation to the park is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Chief Executive, and
(b)  a reference in any instrument of any kind to the local council (in so far as it relates to the care, control and management of the park) is to be read as a reference to the Chief Executive.
47Z   Restrictions on dealing with land within regional parks
(1)  Despite anything in this or any other Act, land within a regional park is not to be dealt with except as provided under this Act.
(2)  Without limiting the generality of subsection (1), land within a regional park is not to be dedicated, reserved or otherwise dealt with under Part 5 of the Crown Lands Act 1989.
47ZA   Application of certain provisions to regional parks
The provisions of sections 39, 41, 42, 43 and 44 apply to and in respect of a regional park in the same way as they apply to and in respect of a national park or historic site.
47ZB   Revocation of regional park
(1)  Despite anything in this or any other Act:
(a)  the reservation of land as (or as part of) a regional park is not to be revoked, and
(b)  land within a regional park is not to be appropriated or resumed,
except by an Act of Parliament.
(2)  Nothing in subsection (1) prevents:
(a)  the compulsory acquisition under this Act of land within a regional park if the reservation of the land as, or as part of, the regional park is not affected by the compulsory acquisition, or
(b)  the withdrawal of land from, or the termination of, any lease, licence or occupancy in accordance with its terms and conditions.