{"id":"tas:act-1987-061","name":"Port Arthur Historic Site Management Authority Act 1987","slug":"port-arthur-historic-site-management-authority-act-1987","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"61 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106437,"registerId":"tas-act-1987-061-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"# Part I Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Port Arthur Historic Site Management Authority Act 1987](/view/html/inforce/2026-04-12/act-1987-061) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  This section and [section 1](#GS1@EN) shall commence on the day on which this Act receives the Royal assent.\n> \n> > (2)  Except as provided in [subsection (1)](#GS2@Gs1@EN) , this Act shall commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \\]**\\[Section 3 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 3 Subsection (1) amended by No. 5 of 1989, s. 4 \\]*In this Act, unless the contrary intention appears –\n> > \n> > > ***adjacent area*** means –\n> > > \n> > > > > (a) the parcel of Crown land at Garden Point, near Port Arthur, delineated and enclosed by a thick black line on Plan No. L.D. 940, a reduced copy of which is set out in [Part III](#JS1@HSIII@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (b) the parcel of land at Port Arthur more particularly described in Certificate of Title Volume 3670 Folio 68 and delineated and enclosed by a thick black line on Plan No. L.D. 947, a reduced copy of which is set out in [Part IV](#JS1@HSIV@EN) of [Schedule 1](#JS1@EN) –\n> > > \n> > > together with any land that, by virtue of [subsection (2)](#GS12@Gs2@EN) of [section 12](#GS12@EN) , is to be taken to form part of the adjacent area but excluding any land that, by virtue of that subsection, is to be taken to have been excised from it;\n> > \n> > > ***the Authority*** means the Port Arthur Historic Site Management Authority established under [section 4](#GS4@EN) ;\n> > \n> > > ***commencing day*** means the day fixed by proclamation under [section 2](#GS2@EN) [(2)](#GS2@Gs2@EN) ;\n> > \n> > > ***employee*** means –\n> > > \n> > > > > (a) the chief executive officer, within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ; and\n> > > > \n> > > > > (b) an employee, within the meaning of the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) ;\n> > \n> > > ***functions*** includes duties;\n> > \n> > > ***historic site*** means the several parcels of Crown land at Port Arthur comprising –\n> > > \n> > > > > (a) the 3 parcels each delineated and enclosed by a thick black line on Plan No. L.D. 943, a reduced copy of which is set out in [Part I](#JS1@HSI@EN) of [Schedule 1](#JS1@EN) ; and\n> > > > \n> > > > > (b) the 2 parcels delineated and shown diagonally hatched on Plan No. L.D. 942, a reduced copy of which is set out in [Part II](#JS1@HSII@EN) of [Schedule 1](#JS1@EN) –\n> > > \n> > > together with any land that, by virtue of [subsection (2)](#GS12@Gs2@EN) of [section 12](#GS12@EN) , is to be taken to form part of the historic site but excluding any land that, by virtue of that subsection, is to be taken to have been excised from it;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC1@EN) ***Management Plan*** means the management plan in force on the day immediately preceding the commencing day under [section 19 of the](/view/html/inforce/2026-04-12/act-1970-047#GS19@EN) [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) in respect of the pre-existing reserve and, subject to this Act, that management plan as modified from time to time and any management plan from time to time adopted under that Act or the [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-999) in substitution for that management plan;\n> > \n> > > ***municipality*** means the council of the municipal area of Tasman;\n> > \n> > > ***pre-existing reserve*** means the Crown land comprising the State reserves that, on the day immediately preceding the commencing day, were collectively known, by virtue of a proclamation made under [section 15A (b) of the](/view/html/inforce/2026-04-12/act-1970-047#GS15A@Hpb@EN) [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) , as the Port Arthur Historic Site;\n> > \n> > > ***subject land*** means the land comprising –\n> > > \n> > > > > (a) the historic site; and\n> > > > \n> > > > > (b) the adjacent area.\n> \n> > (2)  *\\[Section 3 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*A reference in [subsection (1)](#GS3@Gs1@EN) to a plan by number is a reference to the plan so numbered in the official plan collection of the responsible Department in relation to the [Survey Co-ordination Act 1944](/view/html/inforce/2026-04-12/act-1944-086) .","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Designation of historic site and adjacent area","content":"### 3A Designation of historic site and adjacent area\n\n> *\\[Section 3A Inserted by No. 5 of 1989, s. 5 \\]*The historic site and the adjacent area may be respectively referred to, for all purposes, as –\n> \n> > > (a) the Port Arthur Historic Site; and\n> > \n> > > (b) the Port Arthur Historic Site Adjacent Area.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Port Arthur Historic Site Management Authority","content":"# Part II Port Arthur Historic Site Management Authority","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Authority","content":"### 4 Constitution of Authority\n\n> *\\[Section 4 Amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*There is established the Port Arthur Historic Site Management Authority.","sortOrder":6},{"sectionNumber":"5.","sectionType":"section","heading":null,"content":"### 5.\n\n*\\[Section 5 Amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Effect to be given to Management Plan","content":"### 6 Effect to be given to Management Plan\n\n> > (1)  *\\[Section 6 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*In the performance of its functions and the exercise of its powers the Authority must give effect, as far as practicable, to the Management Plan.\n> \n> > (2)  .  .  .  .  .  .  .  .","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Authority","content":"### 7 Functions of Authority\n\n> *\\[Section 7 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 7 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*The functions of the Authority are to occupy, and provide for the care, control, management, maintenance, and improvement of, the subject land.\n> \n> > (2)  *\\[Section 7 Subsection (2) amended by No. 5 of 1989, s. 7 \\]*In the performance of its functions and the exercise of its powers, the Authority shall –\n> > \n> > > > (a) ensure the preservation and maintenance of the historic site as an example of a major British convict settlement and penal institution of the 19th century; and\n> > > \n> > > > (b) co-ordinate archaeological activities on the historic site; and\n> > > \n> > > > (c) promote an understanding of the historical and archaeological importance of the historic site; and\n> > > \n> > > > (d) consistently with the Management Plan, promote the historic site as a tourist destination; and\n> > > \n> > > > (e) provide adequate facilities for visitor use; and\n> > > \n> > > > (f) use its best endeavours to secure financial assistance, by way of grants, sponsorship, and other means, for the carrying out of its functions.\n> > > \n> > > > (g) .  .  .  .  .  .  .  .","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Authority","content":"### 8 Powers of Authority\n\n> *\\[Section 8 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 8 Subsection (1) amended by No. 5 of 1989, s. 8 \\]*Without limiting the generality of its powers as specified in [section 9 of the](/view/html/inforce/2026-04-12/act-1995-022#GS9@EN) [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , the Authority may –\n> > \n> > > > (a) permit the use of any part of the subject land (including the interior of any of its buildings) for –\n> > > > \n> > > > > > (i) the taking of photographs, the making of films and sound recordings, and the production of radio or television programme material; or\n> > > > > \n> > > > > > (ii) the conduct of religious, educational, social, or cultural functions, of events connected with State occasions, or of charitable or other promotional activities;\n> > > \n> > > > (b) obtain, by way of purchase, hire, gift, or loan, from sources within and outside Tasmania, materials (including, in particular, relics, documents, and artefacts) relating to Port Arthur and its historical context;\n> > > \n> > > > (c) exhibit and make available materials of the kind referred to in [paragraph (b)](#GS8@Gs1@Hpb@EN) for display by other persons and for use by other persons in the making of films, video materials, photographs, and other educational or promotional materials;\n> > > \n> > > > (d) dispose of materials of the kind referred to in [paragraphs (b)](#GS8@Gs1@Hpb@EN) and [(c)](#GS8@Gs1@Hpc@EN) , by way of sale, hire, gift, loan, or exchange;\n> > > \n> > > > (e) consistently with the Management Plan, erect, modify, repair, remove, or demolish buildings and structures on the subject land;\n> > > \n> > > > (f) construct, maintain, and eliminate roads and paths on the subject land;\n> > > \n> > > > (g) provide and maintain water supply, sewerage, drainage, and other services on the subject land and in its vicinity;\n> > > \n> > > > (h) provide accommodation, food and other refreshments, and other facilities and conveniences for the use and benefit of –\n> > > > \n> > > > > > (i) persons resorting to the subject land; and\n> > > > > \n> > > > > > (ii) employees of the Authority –\n> > > > \n> > > > and authorize the provision of those services by other persons;\n> > > \n> > > > (i) [*\\[Section 8 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC2@EN) notwithstanding the [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-999) and the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) but subject to [subsection (2)](#GS8@Gs2@EN) –\n> > > > \n> > > > > > (i) grant leases and licences to occupy any part of the subject land or of any building erected on the subject land; and\n> > > > > \n> > > > > > (ii) accept leases and licences to occupy land and buildings;\n> > > \n> > > > (j) sell or let on hire to, or otherwise provide for the use of, persons resorting to the historic site equipment and other goods;\n> > > \n> > > > (k) enter into arrangements with the municipality in relation to the control of land use and building activities on the subject land and in its vicinity;\n> > > \n> > > > (l) levy and collect fees and charges in relation to any of the foregoing matters, including, in particular, charges for admission to the historic site and any of its buildings and for the provision of services; and\n> > > \n> > > > (m) impose such terms and conditions as it thinks fit in relation to the exercise by it of any of the foregoing powers.\n> > > \n> > > > (n) .  .  .  .  .  .  .  .  \n> > > \n> > > > (o) .  .  .  .  .  .  .  .  \n> > > \n> > > > (p) .  .  .  .  .  .  .  .  \n> \n> > (2)  *\\[Section 8 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*Subject to [subsection (3)](#GS8@Gs3@EN) , in the exercise of the power conferred by subsection 1 [(i)](#GS8@Gs1@Hpi@EN) , the Authority is to exercise the authorities conferred by the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) on the Minister.\n> \n> > (3)  *\\[Section 8 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*Notwithstanding any other provision of this Act or the [Government Business Enterprises Act 1995](/view/html/inforce/2026-04-12/act-1995-022) , the Authority shall not, except with the consent of the Minister, grant a lease or licence in respect of the subject land for a period of more than 5 years.","sortOrder":10},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n*\\[Section 9 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":11},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n*\\[Section 10 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":12},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.\n\n*\\[Section 11 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":13},{"sectionNumber":"Part III","sectionType":"part","heading":"Administration of the Historic Site and Adjacent Area","content":"# Part III Administration of the Historic Site and Adjacent Area","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Co-ordination of administration with requirements of  Nature Conservation Act 2002","content":"### 12 Co-ordination of administration with requirements of  Nature Conservation Act 2002\n\n> > (1)  Subject to this section and [clause 5](#JS5@GC5@EN) of [Schedule 5](#JS5@EN) , nothing in this Act shall be taken to affect –\n> > \n> > > > (a) [*\\[Section 12 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpa@EN) the status under [Part 3 of the](/view/html/inforce/2026-04-12/act-2002-999#) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) of any part of the subject land; or\n> > > \n> > > > (b) [*\\[Section 12 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpb@EN) [*\\[Section 12 Subsection (1) amended by No. 17 of 2017, s. 12, Applied:16 Aug 2017\\]*](/view/html/inforce/2017-08-16/act-2017-017#GS12@EN) the powers conferred on the Minister and on the Director of National Parks and Wildlife by the [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-999) and the [Aboriginal Heritage Act 1975](/view/html/inforce/2026-04-12/act-1975-999) with respect to matters relating to fauna, flora and Aboriginal sites and relics.\n> \n> > (2)  [*\\[Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja1@GC1@Hpd@EN) Subject to [subsection (3)](#GS12@Gs3@EN) , the Governor may–\n> > \n> > > > (a) [*\\[Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja1@GC1@Hpa@EN) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpc@EN) in a proclamation made under [Part 3 of the](/view/html/inforce/2026-04-12/act-2002-999#) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) declaring land to be reserved land, declare the whole or part of that land –\n> > > > \n> > > > > > (i) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpd@EN) to form part of the historic site if it is in the class of historic site within the meaning of that Act; or\n> > > > > \n> > > > > > (ii) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpe@EN) to form part of the adjacent area if it is in any other class referred to in that Act; and\n> > > \n> > > > (b) [*\\[Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja1@GC1@Hpb@EN) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpf@EN) by proclamation under that Act, cause any part of the historic site or of the adjacent area to cease to be, or form part of, reserved land as defined in that Act; and\n> > > \n> > > > (c) [*\\[Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja1@GC1@Hpc@EN) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpi@EN) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hph@EN) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpg@EN) by proclamation under that Act and with the consent of the Minister administering the [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-999) declare the whole or part of any existing reserved land as defined in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999)  –\n> > > > \n> > > > > > (i) to form part of the historic site; or\n> > > > > \n> > > > > > (ii) to form part of the adjacent area; and\n> > > \n> > > > (d) [*\\[Section 12 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000\\]*](/view/html/inforce/2000-07-14/act-2000-055#JS1@Ja1@GC1@Hpc@EN) by proclamation declare the whole or part of the historic site or adjacent area –\n> > > > \n> > > > > > (i) [*\\[Section 12 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpj@EN) to be reserved land as defined in the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) in any class as defined in that Act; and\n> > > > > \n> > > > > > (ii) to be outside the control of the Authority.\n> \n> > (3)  [*\\[Section 12 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpl@EN) [*\\[Section 12 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpk@EN) The Governor shall not make a proclamation under [Part 3 of the](/view/html/inforce/2026-04-12/act-2002-999#) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) altering or otherwise affecting the status of any part of the subject land unless the Minister administering that Act has first obtained from the Authority, and communicated to him, the views of the Authority in relation to the changes proposed to be affected by the proclamation.\n> \n> > (4)  [*\\[Section 12 Subsection (4) substituted by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002\\]*](/view/html/inforce/2002-12-31/act-2002-064#JS1@Ja18@GC3@Hpm@EN) [Sections 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28(1), 34, 35, 36 and 55 of the](/view/html/inforce/2026-04-12/act-2002-999#) [National Parks and Reserves Management Act 2002](/view/html/inforce/2026-04-12/act-2002-999) and [section 24 of the](/view/html/inforce/2026-04-12/act-2002-999#) [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-999) and the Management Plan apply in relation to the subject land as if any references in them to the Director of National Parks and Wildlife were references to the Authority.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Consultation by municipality with Authority","content":"### 13 Consultation by municipality with Authority\n\n> *\\[Section 13 Amended by No. 30 of 1995, s. 3 and Sched. 1 \\]*The municipality shall consult, and take into account the views of, the Authority in relation to any application lodged with the municipality in relation to any proposed building works or development on, or subdivision of, any land within the municipal area that does not form part of the subject land, being building works or development, or subdivision, that may affect the amenity of the subject land.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Adoption of emblem for use by Authority","content":"### 14 Adoption of emblem for use by Authority\n\n> > (1)  The Authority may, by by-law under [section 34](#GS34@EN) , determine an emblem to be adopted for use by the Authority.\n> \n> > (2)  A person who, without the permission of the Authority –\n> > \n> > > > (a) has in his possession or under his charge or control any article bearing; or\n> > > \n> > > > (b) uses for the purposes of any business or other activity carried on by him or in which he is engaged –\n> > \n> > the emblem referred to in [subsection (1)](#GS14@Gs1@EN) , is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 penalty unit.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Commercial activities otherwise than in accordance with approval of Authority","content":"### 15 Commercial activities otherwise than in accordance with approval of Authority\n\n> > (1)  A person who, otherwise than in accordance with permission granted by the Authority –\n> > \n> > > > (a) sells or hires, or offers for sale or hire, goods of any description; or\n> > > \n> > > > (b) provides or offers to provide, for reward, accommodation or other services –\n> > \n> > on the subject land is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.\n> \n> > (2)  A person who is convicted under [subsection (1)](#GS15@Gs1@EN) in respect of a continuing offence –\n> > \n> > > > (a) is liable, in addition to the penalty otherwise applicable to that offence, to a fine for each day during which the offence continued of not more than 0·5 penalty units; and\n> > > \n> > > > (b) if the conduct constituting the offence continues after the person is convicted, is guilty of a further offence against [subsection (1)](#GS15@Gs1@EN) and is liable on summary conviction for that further offence, in addition to the penalty otherwise applicable to that further offence, to a fine for each day during which the offence continued after that conviction of not more than 0·5 penalty units.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Damage to, and removal of, property, &c.","content":"### 16 Damage to, and removal of, property, &c.\n\n> A person who, without the approval of the Authority –\n> \n> > > (a) removes any flora or timber from the subject land;\n> > \n> > > (b) damages any relic, artefact, building or other structure, flora, or timber on the subject land; or\n> > \n> > > (c) removes from the subject land –\n> > > \n> > > > > (i) any relic, document, or artefact;\n> > > > \n> > > > > (ii) any portion of a building or structure erected on the subject land; or\n> > > > \n> > > > > (iii) any building material –\n> \n> is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Lighting of fires","content":"### 17 Lighting of fires\n\n> > (1)  The Authority may display signs or notices on the subject land designating the places in which the lighting of fires is permitted and giving directions as to the precautions to be observed in connection with the lighting of fires in those places.\n> \n> > (2)  A person who –\n> > \n> > > > (a) in lighting a fire in a place referred to in [subsection (1)](#GS17@Gs1@EN) , contravenes or fails to comply with a prohibition or restriction, or other direction, contained in a sign or notice displayed in pursuance of that subsection; or\n> > > \n> > > > (b) lights a fire in a place on the subject land other than a place referred to in [subsection (1)](#GS17@Gs1@EN) except with the written permission, and in accordance with the directions, of the Authority –\n> > \n> > is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Other offences","content":"### 18 Other offences\n\n> A person who –\n> \n> > > (a) otherwise than on payment of the appropriate charge or with the approval of the Authority enters the historic site;\n> > \n> > > (b) brings onto the historic site any metal-detecting device; or\n> > \n> > > (c) brings onto the subject land any firearm, crossbow, or other weapon –\n> \n> is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Power to require offenders to disclose identity and leave subject land","content":"### 19 Power to require offenders to disclose identity and leave subject land\n\n> > (1)  Where an employee has reasonable grounds for believing that a person has committed, or is committing, an offence against this Act, he may –\n> > \n> > > > (a) require that person to state his name and the address of his place of abode; and\n> > > \n> > > > (b) require that person to leave, and to remove his possessions from, the subject land.\n> \n> > (2)  A person who –\n> > \n> > > > (a) when required under this section to state his name and the address of his place of abode, fails or refuses to give his full name and that address or gives a name and address that is false; or\n> > > \n> > > > (b) when required under this section to leave, and remove his possessions from, the subject land, fails to do so, or does not do so with reasonable expedition –\n> > \n> > is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Powers of seizure","content":"### 20 Powers of seizure\n\n> > (1)  Where an employee has reasonable grounds for believing that an offence has been committed under this Act with respect to the removal from, or the bringing onto, the subject land of any article, he may seize that article and, subject to the directions of the Authority, retain it until the determination of any proceedings that may be instituted in respect of an offence against this Act against the person from whom the article was seized.\n> \n> > (2)  Where an article, not being the property of the Crown or of the Authority, has been seized from any person under this section and no proceedings have been instituted against that person for an offence on conviction for which it may be forfeited to the Crown, a court of petty sessions, on the application of that person, may direct it to be returned to him, and, on the making of that direction, the authority under [subsection (1)](#GS20@Gs1@EN) to retain it ceases.\n> \n> > (3)  A person who, when required under [subsection (1)](#GS20@Gs1@EN) to do so by an employee, refuses to deliver to that employee an article that the employee is entitled to seize under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 2 penalty units.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Evidence as to extent of subject land","content":"### 21 Evidence as to extent of subject land\n\n> In any proceedings for an offence under this Act, any place specified in the complaint as being within the subject land, or within the historic site or the adjacent area, shall be deemed, in the absence of proof to the contrary, to be within the subject land, or within the historic site or adjacent area, as the case requires.","sortOrder":24},{"sectionNumber":"Part IV","sectionType":"part","heading":"Financial","content":"# Part IV Financial\n\n*\\[Part IV  Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":25},{"sectionNumber":"21A.","sectionType":"section","heading":null,"content":"### 21A.","sortOrder":26},{"sectionNumber":"22.","sectionType":"section","heading":null,"content":"### 22.","sortOrder":27},{"sectionNumber":"23.","sectionType":"section","heading":null,"content":"### 23.","sortOrder":28},{"sectionNumber":"24.","sectionType":"section","heading":null,"content":"### 24.\n\n*\\[Section 24 Repealed by No. 40 of 1991, s. 75 \\]*","sortOrder":29},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n*\\[Section 25 Repealed by No. 40 of 1991, s. 75 \\]*","sortOrder":30},{"sectionNumber":"26.","sectionType":"section","heading":null,"content":"### 26.","sortOrder":31},{"sectionNumber":"27.","sectionType":"section","heading":null,"content":"### 27.","sortOrder":32},{"sectionNumber":"28.","sectionType":"section","heading":null,"content":"### 28.","sortOrder":33},{"sectionNumber":"29.","sectionType":"section","heading":null,"content":"### 29.","sortOrder":34},{"sectionNumber":"30.","sectionType":"section","heading":null,"content":"### 30.\n\n*\\[Section 30 Repealed by No. 40 of 1991, s. 77 \\]*","sortOrder":35},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous and Supplemental","content":"# Part V Miscellaneous and Supplemental","sortOrder":36},{"sectionNumber":"31.","sectionType":"section","heading":null,"content":"### 31.\n\n*\\[Section 31 Repealed by No. 40 of 1991, s. 77 \\]*","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Appropriation of fines, &c.","content":"### 32 Appropriation of fines, &c.\n\n> All fines and penalties enforced or recovered under this Act shall be paid to the Authority.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Recovery of fees or charges","content":"### 33 Recovery of fees or charges\n\n> *\\[Section 33 Amended by No. 5 of 1989, s. 15 \\]**\\[Section 33 Amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*Any fees or charges payable to the Authority under this Act may be recovered by the Authority as a debt or liquidated demand in a court of competent jurisdiction.","sortOrder":39},{"sectionNumber":"34","sectionType":"section","heading":"By-laws","content":"### 34 By-laws\n\n> > (1)  The Authority may make by-laws for the purposes of this Act.\n> \n> > (2)  *\\[Section 34 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 \\]*Without limiting the generality of [subsection (1)](#GS34@Gs1@EN) , by-laws may be made relating to –\n> > \n> > > > (a) the control and management of the subject land;\n> > > \n> > > > (b) .  .  .  .  .  .  .  .  \n> > > \n> > > > (c) .  .  .  .  .  .  .  .  \n> > > \n> > > > (d) the conduct of persons resorting to the subject land; and\n> > > \n> > > > (e) the use of the Authority's emblem.\n> \n> > (3)  By-laws under this section –\n> > \n> > > > (a) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the by-laws, or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified; and\n> > > \n> > > > (b) may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the by-laws and may provide in respect of any such offence for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.","sortOrder":40},{"sectionNumber":"35","sectionType":"section","heading":"Transitional provisions","content":"### 35 Transitional provisions\n\n> The transitional provisions set out in [Schedule 5](#JS5@EN) have effect.","sortOrder":41},{"sectionNumber":"SCHEDULE 1 - Subject Land","sectionType":"part","heading":"SCHEDULE 1 - Subject Land","content":"# SCHEDULE 1 - Subject Land SCHEDULE 1 - Subject Land\n\n[Section 3](#GS3@EN)","sortOrder":42},{"sectionNumber":"SCHEDULE 2","sectionType":"part","heading":"SCHEDULE 2","content":"# SCHEDULE 2 SCHEDULE 2\n\n*\\[Schedule 2 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":47},{"sectionNumber":"SCHEDULE 3","sectionType":"part","heading":"SCHEDULE 3","content":"# SCHEDULE 3 SCHEDULE 3\n\n*\\[Schedule 3 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":48},{"sectionNumber":"SCHEDULE 4","sectionType":"part","heading":"SCHEDULE 4","content":"# SCHEDULE 4 SCHEDULE 4\n\n*\\[Schedule 4 Repealed by No. 52 of 1995, s. 3 and Sched. 1 \\]*","sortOrder":49},{"sectionNumber":"SCHEDULE 5 - Transitional Prov","sectionType":"part","heading":"SCHEDULE 5 - Transitional Provisions","content":"# SCHEDULE 5 - Transitional Prov SCHEDULE 5 - Transitional Provisions\n\n[Section 35](#GS35@EN)\n\n> **1.   **First meeting of Authority****\n> \n> > The first meeting of the Authority shall be convened in accordance with directions given by the Minister.\n\n> **2.   **Agreements, &c., to bind Authority****\n> \n> > > (1) On and after the commencing day, all agreements, contracts, leases, licences, and undertakings in relation to the subject land that were, immediately before that day, binding on the Minister or the Director of the National Parks and Wildlife Service bind the Authority, in substitution for the Minister or the Director, as the case requires.\n> > \n> > > (2) Notwithstanding anything in any other provision of this Act, where, immediately before the commencing day, proceedings to which the Minister or the Director of the National Parks and Wildlife Service was a party were pending in any court in relation to a matter arising out of the management of the pre-existing reserve or any other land forming part of the subject land, the Minister or the Director, as the case requires, continues, on and after the commencing day, as a party to those proceedings.\n\n> **3.   **Transfer of assets, &c.****\n> \n> > > (1) On, or as soon as practicable after, the commencing day, the Minister shall transfer, or cause to be transferred, to the Authority such of the assets owned by the State and held or used, immediately before the commencing day, in connection with the management by the Director of the National Parks and Wildlife Service of the pre-existing reserve or any other land forming part of the subject land as are, in the opinion of the Minister, appropriate to be used by the Authority in connection with the performance of its functions.\n> > \n> > > (2) The Director of the National Parks and Wildlife Service shall execute any instrument required for the purposes of [subclause (1)](#JS5@GC3@Gc1@EN) and shall not be personally subjected to any action, liability, claim, or demand in respect of the execution in good faith of any such instrument.\n> > \n> > > (3) On the transfer to the Authority of any asset in pursuance of [subclause (1)](#JS5@GC3@Gc1@EN) , the Authority is, by force of this clause, liable to pay, satisfy, observe, perform, and discharge the debts, liabilities, and obligations of the State in relation to that asset and is bound by any covenant or trust in relation to that asset to which the State was subject.\n\n> **4.   **Leases and licences****\n> \n> > A lease or licence, in respect of land the whole or part of which forms part of the subject land, that was granted by the Minister, on behalf of the Crown, under the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) or under any other Act for which that Act was substituted, and had not expired on or before the day immediately preceding the commencing day shall, on and after the commencing day, be taken to have been granted, on behalf of the Crown, by the Authority.\n\n> **5.   **Substitution of subject land for pre-existing reserve****\n> \n> > > (1) Notwithstanding anything in the [Crown Lands Act 1976](/view/html/inforce/2026-04-12/act-1976-028) , the [Local Government (Highways) Act 1982](/view/html/inforce/2026-04-12/act-1982-057) , the [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) , or the [Roads and Jetties Act 1935](/view/html/inforce/2026-04-12/act-1935-082) , but subject to [subclause (2)](#JS5@GC5@Gc2@EN) –\n> > > \n> > > > > (a) the portions of the subject land that, immediately before the commencing day, did not form part of the pre-existing reserve are, by force of this subclause, deemed, on and after that day, to have the character of State reserves for the purposes of the [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) ;\n> > > > \n> > > > > (b) any public rights of passage existing immediately before the commencing day over any of those portions are, by force of this subclause, extinguished on and after that day;\n> > > > \n> > > > > (c) the parcels of land that, immediately before the commencing day, formed part of the pre-existing reserve but do not form part of the subject land cease, on that day, to have the character of State reserves for the purposes of the [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) ; and\n> > > > \n> > > > > (d) the proclamation under [section 15A of the](/view/html/inforce/2026-04-12/act-1970-047#GS15A@EN) [National Parks and Wildlife Act 1970](/view/html/inforce/2026-04-12/act-1970-047) that was published as Statutory Rules 1985, No. 46, is, by force of this subclause revoked with effect from the expiration of the day immediately preceding the commencing day.\n> > \n> > > (2) Subject to this Act, nothing in [subclause (1)](#JS5@GC5@Gc1@EN) prevents the exercise, in relation to any land referred to in that subclause, of any power conferred by or under any of the Acts referred to in that subclause.\n\n> **6.   **Transfer of staff from State Service****\n> \n> > > (1) The Minister may, after taking into consideration any advice tendered to him by the Authority and any advice tendered to him by the Secretary, Department of Lands, Parks and Wildlife, by notice in the *Gazette*, specify –\n> > > \n> > > > > (a) the offices of the State Service within the meaning of the [Tasmanian State Service Act 1984](/view/html/inforce/2026-04-12/act-1984-025) the holders of which will on the commencing day become employees of the Authority; and\n> > > > \n> > > > > (b) the temporary employees within the meaning of that Act who will, on that day, become temporary employees of the Authority –\n> > > > \n> > > > and, on that day, notwithstanding that Act –\n> > > > \n> > > > > (c) those offices are abolished; and\n> > > > \n> > > > > (d) the persons holding those offices, and those temporary employees, are transferred to the employment of the Authority, according to the tenor of the notice.\n> > \n> > > (2) Subject to any other Act or an award made under any other Act, where a person is transferred to the employment of the Authority under [subclause (1)](#JS5@GC6@Gc1@EN) , that person –\n> > > \n> > > > > (a) is, in respect of that employment, entitled to the same rights and privileges as if he had continued to hold an office in the State Service; or\n> > > > \n> > > > > (b) shall be employed by the Authority on the same terms and conditions as those to which he was subject immediately before the commencing day –\n> > > \n> > > as the case requires.","sortOrder":50}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The statute’s scope has expanded from a narrowly framed heritage reserve administration to a hybrid conservation‑and‑commercial management role. Amendments and schedules add explicit commercial powers (eg. s 8(i) permitting leases/licences and fee levying), import specific National Parks/Reserves Management Act provisions to apply to the Authority (s 12(4)), and remove earlier financial provisions (Part IV repealed). At the same time ministerial consent limits (s 8(3)) and proclamation powers under the Nature Conservation Act (s 12) introduce new external constraints and coordination points."},"complexity_factors":["Extensive cross‑references to other statutes (Government Business Enterprises Act 1995; Crown Lands Act 1976; National Parks and Reserves Management Act 2002; Nature Conservation Act 2002; Aboriginal Heritage Act 1975), increasing interpretive complexity.","Delegation of broad discretionary powers to the Authority (commercial activities, leases/licences, by‑laws, fees) with statutory limits and conditions (eg. ministerial consent for >5 year leases) (see s 8(1), s 8(3), s 34).","Criminal offences, enforcement powers, seizure and evidentiary presumptions that create compliance and procedural complexity (see ss 15–20, 21).","Transitional provisions transferring assets, contracts, staff and existing leases to the Authority, which raise practical implementation and liability questions (Schedule 5, cl 2–6).","Definitions tied to numbered plans and schedules for the subject land, requiring spatial/legal mapping to identify scope (s 3 and Schedule 1).","Multiple amendments and repeals recorded in the text (1995, 2002, 2017, etc.), altering substantive provisions and requiring historical tracking to ascertain current effect.","Co‑ordination mechanism with Nature Conservation and National Parks Acts that both imports specific statutory provisions to apply to the Authority and permits the Governor to alter reserve status, creating inter‑agency decision points (s 12)."],"plain_english_summary":"This Act creates the Port Arthur Historic Site Management Authority and gives it responsibility for occupying, caring for, controlling and managing defined parcels of Port Arthur and adjacent land, subject to a Management Plan. It authorises the Authority to provide visitor facilities, promote the site, obtain and exhibit historical materials, make by‑laws, charge fees and licence short‑term occupation. The Minister must consent to leases over five years, and other conservation laws can change the reserved status or control of parts of the land."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1987 form. The original Act established a dedicated authority with detailed financial provisions (entirely repealed Part IV), specific staffing arrangements, and standalone governance. The 1995 amendments fundamentally restructured the Authority as a Government Business Enterprise under the Government Business Enterprises Act 1995, importing wholesale governance, financial, and employment frameworks from that Act. This shifted the model from a bespoke statutory authority to a standardised GBE structure. Further amendments in 2002 updated references from the repealed National Parks and Wildlife Act 1970 to the new National Parks and Reserves Management Act 2002 and Nature Conservation Act 2002, changing the environmental law interface. The scope has effectively been 'hollowed out' with core operational matters now governed by external legislation, leaving this Act primarily as a land-management overlay and offence-creating mechanism."},"complexity_factors":["Multiple defined terms in section 3 (9 key definitions) with nested sub-definitions referring to specific land parcels by plan numbers and certificate of title references","Extensive cross-referencing to other Acts including the Government Business Enterprises Act 1995, National Parks and Reserves Management Act 2002, Nature Conservation Act 2002, Crown Lands Act 1976, and Aboriginal Heritage Act 1975","Complex land description mechanics in section 12 allowing Governor to add/remove land from the site through proclamations, with conditions requiring Ministerial consent and Authority consultation","Transitional provisions in Schedule 5 dealing with staff transfers, asset transfers, lease substitutions, and the technical conversion of land status from 'pre-existing reserve' to 'subject land'","Repealed sections and schedules (Part IV entirely repealed, Schedules 2-4 repealed, sections 9-11 repealed) creating a fragmented structure where original intent must be reconstructed from amendment history","Dual governance structure where Authority operates under this Act AND the Government Business Enterprises Act 1995, with powers 'without limiting' the latter"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a special body called the **Port Arthur Historic Site Management Authority** to look after the Port Arthur Historic Site and its surrounding land in Tasmania. Port Arthur is a former British convict settlement and one of Australia's most significant heritage sites.\n\n**Who it affects:**\n\n- **Visitors and tourists** – the Authority manages entry fees, facilities, and rules about behaviour on the site\n- **Local businesses** – anyone wanting to sell goods, hire equipment, or provide services on the land needs Authority permission\n- **The Tasman municipal council** – must consult the Authority about nearby development that might affect the site\n- **Employees of the Authority** – have powers to ask people to leave, seize items, and enforce rules\n\n**Key things the Authority can do:**\n\n- **Preserve history** – maintain the site as an example of 19th-century convict settlement and coordinate archaeological work\n- **Run tourism** – promote the site as a tourist destination, provide accommodation, food, and visitor facilities\n- **Control land use** – grant leases and licences (up to 5 years without Ministerial approval), build and demolish structures, and make by-laws\n- **Collect money** – charge entry fees, recover debts, and keep all fines imposed under the Act\n\n**Important rules for visitors:**\n\n- You can't enter without paying the fee (unless approved)\n- No metal detectors, firearms, or weapons allowed\n- No unauthorised commercial activity (selling things or providing services for money)\n- No removing plants, timber, relics, or artefacts\n- No damaging buildings or structures\n- Fires only in designated areas with proper precautions\n\n**Why it matters:**\n\nThis law ensures Port Arthur is protected as a **national heritage asset** while allowing it to operate sustainably as a tourist destination. It balances conservation with commercial activity – the Authority must follow a **Management Plan** (a formal document setting out how the site should be cared for) and can be flexible about adding or removing land from its control through government proclamations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, the legislation appears to remain focused on its original purpose: establishing and governing the Port Arthur Historic Site Management Authority. There is no indication of significant scope creep beyond the site's management, though the site's cultural significance has grown considerably since 1987 (particularly after 1996), which may have influenced how the Authority operates in practice without necessarily changing the law's formal scope."},"complexity_factors":["Relatively narrow, single-purpose legislation focused on one specific site and authority","Establishes a statutory body (a legally recognised government organisation), which involves some structural and governance complexity","Limited substantive content available in the extracted text — full provisions not visible, making complete analysis difficult","Has been amended over time (amendments table referenced), suggesting some accumulated complexity","Intersects with heritage law, tourism regulation, and potentially World Heritage obligations, adding contextual complexity"],"plain_english_summary":"The Act creates the Port Arthur Historic Site Management Authority, a statutory body given its own legal identity and governance to manage, preserve and operate the Port Arthur Historic Site. It affects visitors, staff, taxpayers, tourism operators and heritage stakeholders by centralising responsibility for conservation, public access and the site’s cultural and commemorative roles.\n\nAs custodian of a UNESCO-listed convict site, the Authority’s work protects a major heritage and tourism asset and ensures accountability to the Tasmanian government."}},"importantCases":[],"_links":{"self":"/api/acts/port-arthur-historic-site-management-authority-act-1987","history":"/api/acts/port-arthur-historic-site-management-authority-act-1987/history","analysis":"/api/acts/port-arthur-historic-site-management-authority-act-1987/analysis","conflicts":"/api/acts/port-arthur-historic-site-management-authority-act-1987/conflicts","importantCases":"/api/acts/port-arthur-historic-site-management-authority-act-1987/important-cases","documents":"/api/acts/port-arthur-historic-site-management-authority-act-1987/documents"}}