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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 25 September 2017 at 01:51)
Part 4 Division 7
Division 7 Karst conservation reserves
58K   Reservation of karst conservation reserves
(1)–(3)    (Repealed)
(4)  On the publication of a notice under Division 1 reserving land as a karst conservation 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, and
(b)  if 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 ceases 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 vests in the Chief Executive for the purposes of this Act except as provided by subsection (4A).
(4A)  On the establishment of a board of management for a karst conservation reserve reserved under Part 4A, the care, control and management of the reserve is vested in the board of management.
(5)  A notice under Division 1 reserving land as a karst conservation reserve may, but need not be, restricted to lands that are wholly or predominantly subterranean lands.
(6)  To the extent to which a reservation (other than a reservation of land under Division 1 as a karst conservation reserve) or vesting affects land described in a notice published under Division 1 reserving land as a karst conservation area, the publication (unless the notice otherwise provides) revokes the reservation or vesting and the instruments of title (if any) must be surrendered for cancellation or notation, as the case requires.
58L   (Repealed)
58M   Revocation or compulsory acquisition of karst conservation reserve
(1)  Notwithstanding anything in any Act:
(a)  the reservation of lands as, or as part of, a karst conservation reserve shall not be revoked, or
(b)  lands within a karst conservation 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 karst conservation reserve if the reservation of the lands as, or as part of, the karst conservation 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.
58N   Restriction on disposal of or dealing with lands within karst conservation reserves
Notwithstanding anything in the Crown Lands Act 1989 or any other Act, no lands within a karst conservation reserve shall be sold, leased or otherwise dealt with except as provided in this Act or in the Snowy Hydro Corporatisation Act 1997.
58O   Mining
The provisions of section 41 apply to and in respect of a karst conservation reserve in the same way as they apply to and in respect of a national park or historic site.
58P   Application of Forestry Act 2012
(1)  The Forestry Act 2012 does not apply to or in respect of lands within a karst conservation reserve.
(2)  Notwithstanding anything in subsection (1), all licences and permits under the Forestry Act 2012 affecting lands within a karst conservation 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.
58Q   Provisions respecting animals in karst conservation reserves
(1)  A person shall not:
(a)  harm any animal that is within a karst conservation reserve, or
(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 karst conservation reserve, or
(c)  carry, discharge or be in possession of any prohibited weapon in a karst conservation reserve, or
(d)  carry or be in possession of any explosive, net, trap or hunting device in a karst conservation reserve, or
(e)  be accompanied by a dog in a karst conservation 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 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 being in possession of a net if the person proves that the net was carried or was 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 karst conservation 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 karst conservation 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 within the reserve an animal 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).
58R   Restrictions as to timber, vegetation, plants etc in karst conservation reserves
(1)  Subject to section 58P (2), a person shall not fell, cut, destroy, injure, pick, remove or set fire to any tree, timber, plant, flower or vegetation in a karst conservation reserve.
(2)  A person shall not be in possession of any native plant within a karst conservation 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 that 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 by or under any Act.
(5)  A person, being a lessee or occupier of any lands within a karst conservation 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 or 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 karst conservation 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).
58S   Application of certain provisions to karst conservation reserves
(1)  The provisions of:
(a)  section 33 (5) and (6),
(b)  section 35,
(c)  section 39,
(d)  sections 43 and 44, and
(e)  section 46,
apply to and in respect of a karst conservation 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:
(f)  a notice under Division 1 reserving land as a national park or historic site were a reference to a notice under that Division reserving land as a karst conservation reserve, and
(g)  a reservation under Division 1 of land as a national park or historic site were a reference to a reservation of land under that Division as a karst conservation reserve.
(2)    (Repealed)