Part 33Amendment of Wilderness Protection Act 1992

Part 33—Amendment of Wilderness Protection Act 1992 100—Amendment of section 3—Interpretation (1) Section 3(1), definition of the Director—delete "and Wildlife" (2) Section 3(1)—after the definition of the Environment, Resources and Development Committee insert: General Reserves Fund means the General Reserves Fund continued in existence under the National Parks Act; (3) Section 3(1), definition of the National Parks Act—delete "and Wildlife" (4) Section 3(1), definition of native plant—delete "National Parks Act" and substitute: (5) Section 3(1)—after the definition of public notice insert: relevant Aboriginal group has the same meaning as in the National Parks Act; (6) Section 3(1)—after the definition of reserve insert: 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; (7) Section 3(1), definition of vehicle—delete the definition and substitute: (8) Section 3(1), definition of wildlife—delete the definition and substitute: wildlife has the same meaning as in the National Parks Act. (9) Section 3(1), definition of Wildlife Conservation Fund—delete the definition 101—Amendment of section 17—Forfeiture (1) Section 17(4)(d)—delete "Wildlife Conservation" and substitute: (2) Section 17(5)—delete "Wildlife Conservation" and substitute: 102—Insertion of section 25A After section 25 insert: 25A—Taking of plants and animals by Aboriginal persons (a) a plant of a species prescribed for the purposes of section 43(1)(a) of the Biodiversity Act 2025; or (b) a plant by a means or in circumstances prescribed for the purposes of section 43(1)(b) of the Biodiversity Act 2025; or (c) an animal, or an egg of an animal, of a species prescribed for the purposes of section 66(1)(a) of the Biodiversity Act 2025; or (d) an animal, or an egg of an animal, by a means or in circumstances prescribed for the purposes of section 66(1)(b) of the Biodiversity Act 2025. (2) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a native plant from a wilderness protection area or a wilderness protection zone in accordance with this section if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the wilderness protection area or wilderness protection zone. (3) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a wilderness protection area or a wilderness protection zone in accordance with this section if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the wilderness protection area or wilderness protection zone. (4) The Governor may, by proclamation, amend or repeal a proclamation referred to in subsection (2) or (3). (5) Despite any other provision of this Act or any other Act or law, it is not illegal for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in accordance with this section from a co‑managed wilderness protection area or zone if the native plant, protected animal or eggs are taken— (a) if there is a co‑management board for the area or zone—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or (b) in accordance with the provisions of the co‑management agreement for the area or zone. (6) A plant, animal or egg is taken in accordance with this section if it is taken for the purposes of using the plant, animal or egg for a non‑commercial cultural or spiritual practice (which may include using the plant, animal or egg as food in the course of that practice). (7) Nothing in this section prevents a native title holder from taking a plant, animal or egg in the exercise of their native title rights and interests. Aboriginal person has the same meaning as in the Biodiversity Act 2025; native title holder has the same meaning as in the Native Title (South Australia) Act 1994. 103—Amendment of section 38A—Entrance fees etc for wilderness protection areas or zones Section 38A(3)—delete subsection (3) and substitute: (3) A fee payable under subsection (1) must be paid into the General Reserves Fund. 104—Amendment of section 39—Financial provision Section 39(2)—delete "Wildlife Conservation" and substitute: