(ii) if a management plan for the reserve has ceased to be in operation, and no further management plan for the reserve has yet come into operation—the most recent management plan that was in operation for the reserve.
(2) The Minister must take the steps he or she thinks fit to resolve the matter.
(3) If the Minister cannot resolve the matter, the Minister must appoint as an arbitrator to inquire into the matter a person whom the Minister thinks is suitably qualified and in a position to deal with the matter impartially.
(4) The person appointed must inquire into the matter and give the Minister a report and recommendations.
(5) After the Minister receives the report and recommendations, he or she must give the Director and the Board:
(a) the directions the Minister thinks appropriate; and
(b) a statement of reasons for giving the directions; and
(c) a copy of the report and recommendations.
(6) The Director and the Board must comply with any directions given by the Minister.
Subdivision E—Approving management plans for Commonwealth reserves
365 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
The Minister may approve a management plan for a Commonwealth reserve prepared by the Director and any Board for the reserve. Before the Minister approves a plan, he or she may modify it.
Before the Director gives a plan to the Minister for approval, there are 2 opportunities for the public and others with an interest in the reserve to comment.
The Minister can resolve any disagreements between the Director and a Board for a reserve over preparation of a plan for the reserve.
366 Obligation to prepare management plans for Commonwealth reserves
Plans required for Commonwealth reserves without Boards
(1) The Director must prepare management plans for each Commonwealth reserve for which there is not a Board to try to ensure that a management plan for the reserve is in operation:
(a) as soon as practicable after the reserve is declared; and
(b) at all times after the first plan for managing the reserve takes effect.
Note: Section 368 specifies steps to be taken in preparing a management plan for a Commonwealth reserve.
Amending or replacing plans for reserves without Boards
(2) The Director may prepare a management plan for a Commonwealth reserve for which there is not a Board:
(a) to amend a management plan that is in operation for the reserve; or
(b) to revoke and replace a management plan that is in operation for the reserve.
Plans required for Commonwealth reserves with Boards
(3) A Board for a Commonwealth reserve must prepare management plans for the reserve in conjunction with the Director, to try to ensure that a management plan for the reserve is in operation:
(a) as soon as practicable after the Board is established; and
(b) at all times after a plan for managing the reserve first takes effect after the establishment of the Board.
Note: Section 368 specifies steps to be taken in preparing a management plan for a Commonwealth reserve.
Amending or replacing plans for reserves with Boards
(4) The Board for a Commonwealth reserve may prepare a management plan for the reserve in conjunction with the Director:
(a) to amend a management plan that is in operation for the reserve; or
(b) to revoke and replace a management plan that is in operation for the reserve.
367 Content of a management plan for a Commonwealth reserve
Mandatory content
(1) A management plan for a Commonwealth reserve must provide for the protection and conservation of the reserve. In particular, the plan must:
(a) assign the reserve to an IUCN category (whether or not a Proclamation has assigned the reserve or a zone of the reserve to that IUCN category); and
(b) state how the reserve, or each zone of the reserve, is to be managed; and
(c) state how the natural features of the reserve, or of each zone of the reserve, are to be protected and conserved; and
(d) if the Director holds land or seabed included in the reserve under lease—be consistent with the Director’s obligations under the lease; and
(e) specify any limitation or prohibition on the exercise of a power, or performance of a function, under an Act in or in relation to the reserve; and
(f) specify any mining operation, major excavation or other work that may be carried on in the reserve, and the conditions under which it may be carried on; and
(g) specify any other operation or activity that may be carried on in the reserve; and
(h) indicate generally the activities that are to be prohibited or regulated in the reserve, and the means of prohibiting or regulating them; and
(i) indicate how the plan takes account of Australia’s obligations under each agreement with one or more other countries that is relevant to the reserve (including the World Heritage Convention and the Ramsar Convention, if appropriate); and
(j) if the reserve includes a National Heritage place:
(i) not be inconsistent with the National Heritage management principles; and
(ii) address the matters prescribed by regulations made for the purposes of paragraph 324S(4)(a); and
(k) if the reserve includes a Commonwealth Heritage place:
(i) not be inconsistent with the Commonwealth Heritage management principles; and
(ii) address the matters prescribed by regulations made for the purposes of paragraph 341S(4)(a).
Plan may assign different zones to different IUCN categories
(2) A management plan for a Commonwealth reserve may divide the reserve into zones and assign each zone to an IUCN category (whether or not a Proclamation has assigned the reserve or each zone of the reserve to that IUCN category). The category to which a zone is assigned may differ from the category to which the reserve is assigned.
Consistency with Australian IUCN reserve management principles
(3) The provisions of a management plan for a Commonwealth reserve that relate to the reserve or a particular zone of the reserve must not be inconsistent with the Australian IUCN reserve management principles for the IUCN category to which the reserve or zone is assigned by the plan.
If zone is in different category from reserve
(4) If the management plan for a Commonwealth reserve assigns the reserve to one IUCN category and assigns a zone of the reserve to a different IUCN category, disregard the IUCN category to which the reserve is assigned for the purposes of the application of subsection (3) in relation to the zone.
(5) A single management plan may be the management plan for more than one Commonwealth reserve.
Plans for proposed extension of reserve
(6) A management plan for a Commonwealth reserve may include provisions relating to an area that is proposed to be included in the reserve, but they do not have effect until the area is included in the reserve.
368 Steps in preparing management plans for Commonwealth reserves
Overview of process
(1) Before the Director gives the Minister a management plan for a Commonwealth reserve for approval:
(a) the Director must publish under subsection (2) an invitation to comment on the proposal to prepare a draft of the plan; and
(b) the Director and the Board (if any) for the reserve must prepare a draft of the plan, taking into account any comments received in response to the invitation; and
(c) the Director must publish under subsection (5) an invitation to comment on the draft; and
(d) the Director must make publicly available copies of the draft free or for a reasonable fee determined by the Director; and
(e) the Director and the Board (if any) must consider any comments received in response to the invitation to comment on the draft and may alter the draft.
Notice inviting comments on proposal to prepare draft
(2) The Director must publish a notice in the Gazette, in a daily newspaper circulating in each State and self‑governing Territory and in accordance with the regulations (if any):
(a) stating that the Director proposes to prepare a draft of a management plan for the Commonwealth reserve; and
(b) inviting comments on the proposal from:
(i) members of the public; and
(ii) the Chair or Chairperson of any land council for indigenous people’s land in the reserve; and
(iii) if the reserve is in a State or self‑governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and
(iv) if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and
(v) if the Director holds any land or seabed in the reserve under lease—anyone the Director is obliged under the lease to consult about management of the land or seabed; and
(c) specifying the address to which comments may be sent; and
(d) specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.
Considerations in preparing a management plan
(3) In preparing a management plan for a Commonwealth reserve, the Director and the Board (if any) for the reserve must take account of:
(a) any report considered by the Minister under section 351 before a Proclamation declaring the reserve was made; and
(b) the regulation of the use of the reserve for the purpose for which it was declared; and
(c) the interests of:
(i) any owner of any land or seabed in the reserve; and
(ii) the traditional owners of any indigenous people’s land in the reserve; and
(iii) any other indigenous persons interested in the reserve; and
(iv) any person who has a usage right relating to land, sea or seabed in the reserve that existed (or is derived from a usage right that existed) immediately before the reserve was declared; and
(d) the protection of the special features of the reserve, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; and
(e) the protection, conservation and management of biodiversity and heritage within the reserve; and
(f) the protection of the reserve against damage; and
(g) Australia’s obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.
Who are the traditional owners of indigenous people’s land?
(4) The traditional owners of indigenous people’s land are:
(a) a local descent group of indigenous persons who:
(i) have common spiritual affiliations to a site on the land under a primary spiritual responsibility for that site and for the land; and
(ii) are entitled by indigenous tradition to forage as of right over the land; or
(b) if the land is in the Jervis Bay Territory—the members of the Wreck Bay Aboriginal Community Council.
Notice inviting comment on draft
(5) The Director must publish a notice in the Gazette, in a daily newspaper circulating in each State and self‑governing Territory and in accordance with the regulations (if any):
(a) stating that the Director has prepared a draft of a management plan for the Commonwealth reserve; and
(b) stating how the draft can be obtained; and
(c) inviting comments on the draft from:
(i) members of the public; and
(ii) the Chair or Chairperson of any land council for any indigenous people’s land in the reserve; and
(iii) if the reserve is in a State or self‑governing Territory—the agency (if any) of the State or Territory that is responsible for managing national parks established in the State or Territory under a law of the State or Territory; and
(iv) if the Minister has established under Division 4 of Part 19 an advisory committee with functions relating to the reserve—the committee; and
(v) if the Director holds any land or seabed in the reserve under lease—anyone the Director is obliged under the lease to consult about management of the land or seabed; and
(d) specifying the address to which comments may be sent; and
(e) specifying a day (at least 30 days after the last day on which the notice is published in the Gazette or in accordance with the regulations (if any)) by which comments must be sent.
369 Resolving disagreements between Director and Board in planning process
(1) The Director and the Board for a Commonwealth reserve must inform the Minister if they cannot agree on:
(a) the content of a management plan they are preparing for the reserve; or
(b) any changes to be made following comment made in response to an invitation to comment on a draft management plan for the reserve; or
(c) whether the Director should give a management plan for the reserve to the Minister for approval (either initially or after the Minister has given the plan back to the Director with suggestions under paragraph 370(3)(b)).
(2) If the Minister is advised by the Director and a Board of a disagreement, the Minister must take the steps the Minister thinks fit to resolve the disagreement.
(3) If the Minister cannot resolve the disagreement, the Minister must appoint as an arbitrator to inquire into the matter a person whom the Minister thinks is suitably qualified and in a position to deal with the matter impartially.
(4) The appointed arbitrator must inquire into the matter and give the Minister a report and recommendations.
(5) After the Minister receives the report and recommendations, he or she must give the Director and the Board:
(a) the directions the Minister thinks appropriate; and
(b) a statement of reasons for giving the directions; and
(c) a copy of the report and recommendations.
(6) The Director and the Board must comply with any directions given by the Minister.
370 Approval of management plans for Commonwealth reserves
Giving management plan to Minister for approval
(1) The Director must give the Minister a management plan for a Commonwealth reserve for approval, but only if the Board (if any) for the reserve agrees. The Director must do so as soon as practicable after considering under paragraph 368(1)(e) the comments (if any) on a draft of the management plan.
Things to be given to Minister with management plan
(2) When the Director gives the plan to the Minister, the Director must also give the Minister:
(a) any comments received in response to the invitation to comment on a draft of the plan; and
(b) the views of the Director and any Board for the reserve on the comments.
Minister’s decision
(3) Within 60 days of the Director giving the plan, the Minister:
(a) must consider the plan and any comments and views given to the Minister under subsection (2); and
(b) must either:
(i) approve the plan; or
(ii) give the plan back to the Director with suggestions for consideration by the Director and any Board for the reserve.
Note: There are some extra rules about giving back to the Director a management plan for a Commonwealth reserve in the Kakadu region, the Uluru region or Jervis Bay Territory. See section 390.
Procedure if Minister gives plan back
(4) If the Minister gives the plan back to the Director with suggestions:
(a) the Director and any Board for the Commonwealth reserve to which the plan relates must consider the suggestions; and
(b) the Director must give the Minister an identical or altered version of the plan, but only if any Board for the reserve agrees; and
(c) the Director must give the Minister, with the plan, the Director’s views on the Minister’s suggestions.
Minister’s decision on re‑submitted plan
(5) As soon as practicable after the Director has given the Minister a version of the plan under subsection (4), the Minister:
(a) must consider it and the views given to the Minister under subsection (4); and
(b) must approve the plan with any modifications the Minister considers appropriate.
Considerations for Minister assigning reserve to IUCN category
(6) When approving a management plan for a Commonwealth reserve to assign the reserve, or a zone of a reserve, to a particular IUCN category, the Minister must be satisfied of the matters specified in section 347 that he or she would have to be satisfied of before the Governor‑General could make a Proclamation to assign the reserve or zone to that IUCN category.
371 Approved management plans are legislative instruments
(1) A management plan for a Commonwealth reserve prepared by the Director, and the Board (if any) for the reserve, and approved by the Minister, is a legislative instrument made by the Minister on the day the plan is approved.
(3) When the management plan is laid before each House of the Parliament, there must also be laid before the House copies of any comments, views, report or recommendations given to the Minister under this Division in relation to the plan that have not been given effect to in the plan.
372 Amendment and revocation of management plans for Commonwealth reserves
A management plan for a Commonwealth reserve may amend or revoke and replace an earlier management plan for the reserve.
373 Expiry of management plans for Commonwealth reserves
A management plan for a Commonwealth reserve ceases to have effect 10 years after it took effect (unless it has already been revoked).
Subdivision F—Boards for Commonwealth reserves on indigenous people’s land
374 Simplified outline of this Subdivision
The following is a simplified outline of this Subdivision:
The Minister must establish a Board for a Commonwealth reserve that is wholly or partly on indigenous people’s land, if the land council for that land (or traditional owners) and the Minister agree that there should be a Board for the reserve.
The Board’s role is to make decisions and plans for management of the reserve, in conjunction with the Director.
A majority of Board members must be indigenous people nominated by traditional owners if the reserve is wholly or mostly on indigenous people’s land.