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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 23 September 2017 at 08:25)
Part 4 Division 6
Division 6 Nature reserves
48   Care, control and management of nature reserves
(1)  The Chief Executive has the care, control and management of all nature reserves except as provided by subsection (2).
(2)  On the establishment of a board of management for a nature reserve reserved under Part 4A, the care, control and management of the reserve is vested in the board of management.
49   Reservation of nature reserves
(1)–(3)    (Repealed)
(4)  On the publication of a notice under Division 1 reserving land as a nature reserve:
(a)  the lands described in the notice become Crown lands to the extent to which they were not Crown lands immediately before that publication,
(b)  where a trustee of all or any part of the lands so described was holding office under any other Act immediately before that publication, the trustee shall cease to hold that office in respect of those lands or that part, as the case may be, and
(c)  the care, control and management of the lands so described shall vest in the Chief Executive for the purposes of this Act.
(5)  To the extent to which a dedication, reservation (other than a reservation of land as a nature reserve under Division 1), Crown grant or vesting affects lands described in a notice published under Division 1 reserving land as a nature reserve, the publication revokes the dedication, reservation, grant or vesting, and the instruments of title (if any) shall be surrendered for cancellation or notation, as the case may require.
(6)  A notice under Division 1 may be made in relation to one or more nature reserves.
50, 51   (Repealed)
52   Revocation or compulsory acquisition of nature reserve
(1)  Notwithstanding anything in any Act:
(a)  the dedication of lands as, or as part of, a nature reserve shall not be revoked, or
(b)  lands within a nature reserve shall not be compulsorily acquired,
except by an Act of Parliament.
(1A)  Nothing in subsection (1) prevents the compulsory acquisition under this Act of lands within a nature reserve if the dedication of the lands as, or as part of, the nature reserve is not affected by the compulsory acquisition.
(2)  Nothing in subsection (1) prevents the withdrawal of land from or the termination of any lease, licence or occupancy in accordance with the terms and conditions thereof.
53   Restrictions on disposal of or dealing with lands within nature reserves
(1)  Notwithstanding anything in the Crown Lands Consolidation Act 1913 or any other Act, no lands within a nature reserve shall be sold, leased or otherwise dealt with except as provided in this Act or in the Snowy Hydro Corporatisation Act 1997.
(2)  No permit to graze over any part of a travelling stock reserve or camping reserve under the control of Local Land Services, which reserve is situated within the external boundaries of a nature reserve, shall be granted except with the concurrence in writing of the Chief Executive.
(3)  A permit referred to in subsection (2) may be granted subject to such conditions as the Chief Executive determines.
54   Mining
The provisions of section 41 apply to and in respect of a nature reserve in the same way as they apply to and in respect of a national park or historic site.
55   Application of Forestry Act 2012
(1)  The Forestry Act 2012 does not apply to or in respect of lands within a nature reserve.
(2)  Notwithstanding anything in subsection (1), all licences and permits under the Forestry Act 2012 affecting lands within a nature reserve shall, unless sooner cancelled under that Act, continue in force until the expiration of the respective terms for which they were granted, and that Act shall continue to apply to and in respect of those licences and permits until they respectively expire or are cancelled.
56   Provisions respecting animals in nature reserves
(1)  A person shall not:
(a)  harm any animal that is within a nature reserve,
(b)  use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any animal that is within a nature reserve,
(c)  carry, discharge or have in the person’s possession any prohibited weapon in a nature reserve,
(d)  carry or have in the person’s possession any explosive, net, trap or hunting device in a nature reserve, or
(e)  be accompanied by a dog in a nature reserve.
(2)  A person who commits an offence arising under subsection (1) is liable to the penalty prescribed by section 175 for an offence against this Act or to imprisonment for a term not exceeding 6 months or both.
(3)  A person shall not be convicted of an offence arising under subsection (1) if the person proves that the act constituting the offence was done, or that the state of affairs constituting the offence existed:
(a)  under and in accordance with or by virtue of the authority conferred by a general licence under section 120, an occupier’s licence under section 121, a commercial fauna harvester’s licence under section 123 or a scientific licence under section 132C, or
(b)  in pursuance of a duty imposed on the person by or under any Act.
(4)  A person shall not be convicted of an offence arising under subsection (1) in respect of the carrying or having in the person’s possession of a net if the person proves that the net was carried or in the person’s possession for the purpose only of taking, or attempting to take, fish from any waters.
(5)  A person, being a lessee or occupier of any lands within a nature reserve, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) in respect of the harming of an animal that is within those lands (other than fauna or an animal of a threatened species).
(6)  The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1).
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a nature reserve are held by one or more Aboriginal Land Councils in accordance with Part 4A, or
(b)  any other Aboriginal person who has the consent of the Aboriginal owner board members,
from harming an animal within the reserve for domestic purposes or for ceremonial or cultural purposes (other than an animal of a threatened species or an animal protected by the plan of management for the reserve).
57   Restrictions as to timber, vegetation, plants etc in nature reserves
(1)  Subject to section 55 (2), a person shall not fell, cut, destroy, injure, pick, remove or set fire to any tree, timber, plant, flower or vegetation in a nature reserve.
(2)  A person shall not have in the person’s possession any native plant within a nature reserve.
(3)  A person who commits an offence arising under subsection (1) or (2) is liable to the penalty prescribed by section 175 for an offence against this Act or to imprisonment for a term not exceeding 6 months or both.
(4)  A person shall not be convicted of an offence arising under subsection (1) or (2) if the person proves that the act constituting the offence was done, or the state of affairs constituting the offence existed:
(a)  under and in accordance with or by virtue of the authority conferred by a licence issued under Division 3 of Part 9 or section 132C, or
(b)  in pursuance of a duty imposed on the person by or under any Act.
(5)  A person, being a lessee or occupier of any lands within a nature reserve, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) or (2) in respect of the felling, cutting, destroying, injuring, picking, removing of, or setting fire to any tree, timber, plant, flower or vegetation, or the possession of a native plant (not being a plant of a threatened species), that is or was growing within those lands.
(6)  The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1) or (2) or both.
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a nature reserve are held by one or more Aboriginal Land Councils in accordance with Part 4A, or
(b)  any other Aboriginal person who has the consent of the Aboriginal owner board members,
from picking within the reserve any tree, timber, plant (including a native plant), flower or vegetation for food for domestic purposes or for ceremonial or cultural purposes (including a protected native plant but not including a plant of a threatened species or a plant protected by the plan of management for the reserve).
58   Application of certain provisions to nature reserves
The provisions of sections 33 (5) and (6), 35, 39, 43, 44 and 46 apply to and in respect of a nature reserve in the same way as they apply to and in respect of a national park or historic site and so apply as if a reference in those provisions to:
(a)  a notice under Division 1 reserving land as a national park or historic site were a reference to a notice under Division 1 reserving land as a nature reserve, and
(b)  a reservation of land under Division 1 as a national park or historic site were a reference to a reservation of land under that Division as a nature reserve.
58A–58J   (Repealed)