Part 23Amendment of National Parks and Wildlife Act 1972

Part 23—Amendment of National Parks and Wildlife Act 1972 52—Amendment of long title Long title—delete "public benefit and enjoyment; to provide for the conservation of wildlife in a natural environment;" and substitute: the conservation of wildlife and for public benefit and enjoyment, 53—Amendment of section 1—Short title Section 1—delete "and Wildlife" 54—Amendment of section 5—Interpretation (1) Section 5, definition of Aboriginal person—delete the definition and substitute: Aboriginal person has the same meaning as in the Biodiversity Act 2025; (2) Section 5, definition of aircraft—delete the definition (3) Section 5, definition of carcass—delete the definition (4) Section 5—after the definition of co‑management board insert: conservation of wildlife includes the restoration and recovery of wildlife and ecosystems; (5) Section 5, definition of controlled species—delete the definition (6) Section 5—after the definition of Council insert: craft includes— (a) a glider or balloon capable of carrying a person; and (b) a drone; (7) Section 5, definition of Director—delete "and Wildlife" (8) Section 5, definition of endangered species—delete the definition (9) Section 5, definition of firearm—delete the definition and substitute: ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993; firearm has the same meaning as in the Firearms Act 2015; (10) Section 5, definition of forest reserve—delete the definition (11) Section 5—after the definition of game reserve insert: information discovery order means an information discovery order issued under Part 2 Division 3 Subdivision 2; (12) Section 5, definition of marine mammal—delete the definition (13) Section 5, definition of Murray‑Darling Basin—delete "1993" and substitute: (14) Section 5, definition of native plant—delete the definition and substitute: (15) Section 5, definition of plant—delete the definition and substitute: plant has the same meaning as in the Biodiversity Act 2025; (16) Section 5, definitions of prohibited species and protected animal—delete the definitions and substitute: protected animal has the same meaning as in the Biodiversity Act 2025; (17) Section 5, definition of rare species—delete the definition (18) Section 5, definitions of sell, take and to hunt—delete the definitions and substitute: take has the same meaning as in the Biodiversity Act 2025 and, in relation to a plant, includes clearance within the meaning of that Act; (19) Section 5, definition of vehicle—delete the definition and substitute: (20) Section 5, definition of vulnerable species—delete the definition (21) Section 5, definition of wildlife—delete the definition and substitute: wildlife means protected animals and native plants. 55—Amendment of section 10—Research and investigation (1) Section 10(1)—delete subsection (1) and substitute: (1) The Minister may cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves. (2) Section 10(2)—delete "research or" 56—Repeal of section 11 Section 11—delete the section 57—Amendment of section 11A—Director of National Parks and Wildlife (1) Section 11A, heading—delete "and Wildlife" (2) Section 11A(1)—delete "and Wildlife" 58—Amendment of section 12—Delegation (1) Section 12(2)—delete subsection (2) (2) Section 12(3)—delete ", including, with the consent of the person who has delegated the power, a power delegated to the Director under this section" (3) Section 12(5)—after paragraph (b) insert: (ba) if the instrument of delegation so provides, may be further delegated by the delegate; and 59—Amendment of section 13—Information to be included in annual report Section 13(2)—delete subsection (2) 60—Amendment of section 14—Minister not to administer this Act (1) Section 14, heading—delete "Minister not to administer this" and substitute: Administration of (2) Section 14—after its present contents (now to be designated as subsection (1)) insert: (2) This Act must be administered by the same Minister that administers the Biodiversity Act 2025. 61—Amendment of section 19C—Functions of Council Section 19C(2)(f)—delete paragraph (f) 62—Insertion of Subdivision heading Before section 20 insert: Subdivision 1—Wardens 63—Substitution of sections 21 to 26 Sections 21 to 26 (inclusive)—delete the sections and substitute: 21—Powers of wardens (1) A warden may, as may reasonably be required in connection with the administration, operation or enforcement of this Act, at any reasonable time— (a) enter and inspect any place; and (b) enter and inspect any vehicle and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the warden, and board any vessel or craft; and (c) inspect (including open) any thing that is in or on any place or vehicle, including a package in the postal system; and (d) use reasonable force to break into or open any part of, or anything in or on, any place or vehicle, but only if the warden— (i) is exercising the power on the authority of a warrant issued by the Magistrates Court or a justice; or (ii) is acting with the permission of the owner of the relevant land or the person apparently in charge of the vehicle (as the case requires); or (iii) reasonably believes that immediate action is required in the circumstances (including in order to prevent the destruction of, or otherwise preserve, evidence of a contravention of this Act); and (e) give directions with respect to the stopping, securing or movement of a vehicle, plant, equipment or other thing; and (f) with the authority of a warrant issued by the Magistrates Court or a justice, stop and search a person who is reasonably suspected of having, on or about their person, any thing that constitutes evidence of the commission of an offence against this Act; and (g) take measurements or place any markers, pegs, buoys or other items or equipment at any place; and (h) take samples of any substance or thing from any place (including under any land) or vehicle; and (i) dig up any land by the use of hand‑held equipment for the purpose of taking samples; and (j) with the authority of a warrant issued by the Magistrates Court or a justice, to the extent to which it is reasonably required, take mechanical equipment on to any land and dig up the land, or any part of it, for the purposes of taking samples that the warden reasonably suspects may constitute evidence of a contravention of this Act; and (k) require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; and (l) examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; and (m) take photographs, films, audio, video or other recordings; and (n) examine or test any vehicle, plant, equipment, fitting or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing; and (o) seize and retain anything that the warden reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act, or require a person to surrender, either immediately or within a specified period and at a specified place, anything held or maintained in contravention of this Act; and (p) without limiting the operation of paragraph (o), if the warden finds any animals or plants that are being held or maintained contrary to any requirement or provision of the Biodiversity Act 2025, or that are prohibited from being in the State under any other Act or law, seize and remove the animals or plants or take measures for their destruction or control; and (q) require a person who the warden reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and (r) require a person who the warden reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act— (i) to answer questions in relation to those matters; or (ii) to attend at a specified place at a specified time and answer questions in relation to those matters; and (s) give directions reasonably required in connection with the exercise of a power conferred by any of the above paragraphs or otherwise in connection with the administration, operation or enforcement of this Act; and (t) request a person holding or required to hold a consent, permit or other authority under this Act, or acting in reliance of a consent, permit or other authority under this Act, to produce the consent, permit or authority for inspection; and (u) give expiation notices under the Expiation of Offences Act 1996 for alleged offences against this Act; and (v) if a person who the warden reasonably suspects has committed, is committing or is about to commit, a contravention of this Act is on a reserve—order that person off the reserve for a stated period (not exceeding 24 hours); and (w) exercise any power prescribed by the regulations. (2) A warden, in exercising powers under this section, may be accompanied by such assistants as are reasonably required in the circumstances. (3) Where a warden is a police officer, the powers under this section apply in addition to any powers that the police officer has under any other Act or law. 22—Issue of warrants (1) The Magistrates Court or a justice must not issue a warrant for the purposes of this Part unless— (a) satisfied that the warrant is reasonably required in the circumstances; and (b) in the case of a warrant authorising a warden to take action under section 21(1)(j)—satisfied that there are reasonable grounds to believe that a person may have committed a contravention of this Act. (2) An application for the issue of a warrant may be made either personally or by telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) An application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally. (5) If an application for the issue of a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the Magistrates Court or justice of their name and identify themself as a warden, and the Magistrates Court or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a warden; (b) the applicant must inform the Magistrates Court or justice of the grounds on which the applicant seeks the issue of the warrant; (c) if it appears to the Magistrates Court or justice from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the Magistrates Court or justice must inform the applicant of the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the Magistrates Court or justice may then make out and sign a warrant, noting on the warrant the facts on which the Magistrates Court or justice relies as grounds for the issue of the warrant; (e) the warrant will be taken to have been issued, and will come into force, when signed by the Magistrates Court or justice; (f) the Magistrates Court or justice must inform the applicant of the terms of the warrant; (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the Magistrates Court or justice an affidavit verifying the facts referred to in paragraph (c). (6) A warden who executes a warrant must, as soon as practicable after execution of the warrant— (a) prepare a notice in the prescribed form containing— (i) the warden's own name and a statement that they are a warden under this Act; and (ii) the name of the person who issued the warrant and the date and time of its issue; and (iii) a description of the authority conferred by the warrant; and (b) give the notice to the person affected by the warrant. (7) A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires. 23—Provisions relating to seizure (1) If a thing has been seized under this Subdivision, the following provisions apply: (a) the thing must be held pending proceedings under this Act related to the thing seized, unless the Minister, on the Minister's own motion or on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, the court may— (i) order that it be forfeited to the Minister; or (ii) if it has been released in accordance with paragraph (a)— (A) if the thing is an animal, animal product, egg or plant—order that it be forfeited to the Minister; or (B) in any other case—order that the person to whom it was released, or the person who is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, pay to the Minister an amount equal to its market value at the time of its seizure; (c) if proceedings under this Act relating to the thing are instituted within the prescribed period after its seizure and a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act, the Minister may recover from the person the costs of having retained the thing; (d) if— (i) proceedings are not instituted under this Act relating to the thing within the prescribed period after its seizure; or (ii) proceedings have been so instituted but— (A) no person is, as a result of the proceedings, convicted or found guilty of an offence or otherwise found to have contravened this Act; or (B) a person is, as a result of the proceedings, convicted or found guilty of an offence or is otherwise found to have contravened this Act but no order for forfeiture is made under paragraph (b); or (C) the thing is no longer required to furnish evidence for the purposes of the proceedings, then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged, destroyed, released or otherwise disposed of, compensation of an amount equal to its market value at the time of its seizure; (e) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom a thing is to be returned, the thing may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the General Reserves Fund; (f) if, in the opinion of the Minister, an animal, animal product, egg or plant seized under this Act will suffer a loss in its value before the question of its forfeiture under this section can be determined, the thing may be sold or disposed of as the Minister thinks fit (unless it is required for evidentiary purposes) and, if sold, the proceeds of the sale will be dealt with under this section as if they were the thing; (g) if a living animal is seized under this section, the Minister may make arrangements for— (i) the animal's care; or (ii) if, in the opinion of the Minister— (A) it is in the best interests of the welfare of the animal to be released into the wild—its release into the wild; or (B) it is necessary for the welfare of the animal to be destroyed—its destruction. animal product has the same meaning as in the Biodiversity Act 2025; owner in relation to an object seized under this section means either or both of the following persons: (a) a person who has legal title to the object; (b) a person who was, immediately before seizure of the object, legally in possession or control of the object; prescribed period means 12 months or such longer period as the ERD Court may, on application by the Minister, allow; thing includes— (a) an animal, animal product or egg; and (b) a plant; and (c) a vehicle; and (d) a cage or container; and (e) a firearm or taking device (within the meaning of the Biodiversity Act 2025); and (f) a poison or other substance; and (g) a document or record. 24—Offence to hinder etc wardens (1) A person who— (a) hinders or obstructs a warden, or a person assisting a warden, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to a warden, or a person assisting a warden; or (c) refuses or fails to comply with a requirement or direction of a warden under this Act; or (d) when required by a warden under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that they are a warden, is guilty of an offence. Maximum penalty: $15 000. (2) A person who assaults a warden, or a person assisting a warden in the exercise of powers under this Act, is guilty of an offence. Maximum penalty: $15 000 or 2 years imprisonment. 25—Self‑incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by an individual with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 64—Insertion of Part 2 Division 3 Subdivision 2 Before Part 3 insert: Subdivision 2—Power to require or obtain information 26—Information discovery orders (1) A warden may issue an information discovery order under this Subdivision for the purpose of obtaining information reasonably required for the administration, operation or enforcement of this Act. (2) An information discovery order may be issued to any person who the warden reasonably suspects has knowledge of matters, or has possession or control of a document dealing with matters, in respect of which information is required. (3) An information discovery order— (b) must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and (c) may require information, as specified in the order, to be furnished to the warden in such manner and within such period as is specified in the order; and (d) must state the purpose for which the information is required; and (e) must state that the person may, within 14 days, appeal to the ERD Court against the order. (4) If an information discovery order has been issued to a person by a warden, the warden may, by written notice served on the person, vary or revoke the order. (5) A person to whom an information discovery order is issued must comply with the order. Maximum penalty: $8 000. 26A—Obtaining of information on non‑compliance with order (1) If a person— (a) fails to furnish information as required by an information discovery order; or (b) being required by such an order to furnish information, furnishes information that is inaccurate or incomplete, the warden who issued the order may take such action as is reasonably required to obtain the information. (2) The reasonable costs and expenses incurred by a warden in taking action under this section may be recovered by the warden as a debt from the person whose failure gave rise to the action. 26B—Appeal to ERD Court (1) A person to whom an information discovery order has been issued may appeal to the ERD Court against the order or any variation of the order. (2) An appeal must be made in a manner and form determined by the Court, setting out the grounds of the appeal. (3) Subject to this section, an appeal under this section must be made within 14 days after the order is issued or the variation is made. (4) The ERD Court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that an appeal be made within the period fixed by this section. (5) An appeal must be referred in the first instance to a conference under section 16 of the Environment, Resources and Development Court Act 1993 (and the provisions of that Act will then apply in relation to the appeal). 65—Amendment of heading to Part 3 Heading to Part 3—delete "and sanctuaries" 66—Amendment of section 37—Objectives of management (1) Section 37(1)(a)—delete "preservation" and substitute: conservation (2) Section 37(1)—after paragraph (l) insert: and (m) the promotion of the objects of the Biodiversity Act 2025. 67—Amendment of section 38—Management plans Section 38(10a)—delete subsection (10a) 68—Amendment of section 42—Prohibited areas (1) Section 42(3)—delete "unless authorised to enter the area by a permit issued by the Minister under this section" and substitute: except with the written permission of the Minister (2) Section 42(4)—delete ", on appropriate terms and conditions, issue to any person a permit to be within a prohibited area" and substitute: grant a written permission to a person for the purposes of subsection (3) on such terms and conditions as the Minister thinks fit 69—Insertion of section 43BA After section 43B insert: 43BA—Culling of protected animals (1) The Minister may make a declaration under this section if the Minister is satisfied that— (a) in order to meet the objectives of management under section 37 in respect of a reserve, it is necessary to control the population of a species of protected animal in the reserve or any part of the reserve; and (b) culling of the animals is the only practicable option for achieving that population control. (2) The Minister may, by notice in the Gazette, declare that culling of a specified species of protected animal will be permitted in a specified reserve (or a specified part of a reserve) subject to any conditions specified in the notice. The notice may, for example, impose conditions relating to the number of the protected animals to be culled or the period during which culling can occur. (3) In this section— culling includes harvesting within the meaning of the Biodiversity Act 2025. 70—Repeal of Part 3 Division 7 Part 3 Division 7—delete Division 7 71—Amendment of section 45M—Establishment of Fund Section 45M(3)—after paragraph (g) insert: and (h) any penalty or expiation fee payable in respect of an offence or alleged offence under this Act. 72—Repeal of Parts 4 and 5 Parts 4 and 5—delete the Parts 73—Substitution of Part 5A