(2) The Minister must give a management plan for a Commonwealth reserve back to the Director with suggestions under paragraph 370(3)(b) if the Minister is satisfied that there is a substantial difference of opinion between:
(a) the Chair or Chairperson of a land council for indigenous people’s land in the reserve, on the one hand; and
(b) the Director, or the Director and the Board for the reserve (if it is a jointly managed reserve), on the other hand.
(3) If the Minister gives the plan back to the Director with suggestions under paragraph 370(3)(b) (whether because of subsection (2) or not), the Minister must:
(a) give a copy of the suggestions to:
(i) the Chair or Chairperson of each land council for indigenous people’s land in the reserve; and
(ii) the Parks and Wildlife Commission of the Northern Territory, if the plan is for a Commonwealth reserve wholly or partly in the Territory; and
(b) invite each person to whom the Minister gave a copy of the suggestions to give the Director comments on the suggestions within 14 days.
(4) When considering the Minister’s suggestions as required by paragraph 370(4)(a), the Director and any Board for the reserve must also consider any comments made in response to the Minister’s invitation.
(5) When the Director gives the Minister an identical or altered version of the plan under paragraph 370(4)(b), the Director must also:
(a) give the Minister a copy of the comments (if any) made in response to the Minister’s invitation, and the Director’s views on those comments; and
(b) give the Chair or Chairperson of each land council for indigenous people’s land in the reserve a copy of the version of the plan given to the Minister and of the comments and views (if any) being given to the Minister under paragraph (a).
(6) The Chair or Chairperson of a land council for indigenous people’s land in the reserve may make comments to the Minister relating to the version of the plan within 14 days of receiving the copy of it.
(7) If the Minister receives comments from the Chair or Chairperson of a land council for indigenous people’s land in the reserve and the Minister is satisfied that there is a substantial difference of opinion between the Chair or Chairperson and the Director over the plan:
(a) the Minister may appoint a person the Minister considers to be suitably qualified and in a position to deal with the matter impartially to inquire into the matter; and
(b) the person appointed must inquire into the matter and give the Minister a report and recommendations.
(8) The Minister:
(a) must also consider:
(i) the comments (if any) made to the Minister by the Chair or Chairperson under subsection (6); and
(ii) the report and recommendations (if any) given to the Minister under subsection (7);
when considering under subsection 370(5) the version of the plan given to the Minister under paragraph 370(4)(b); and
(b) must not approve the plan before the end of the period described in subsection (6).
390A Appointment of Northern Territory nominee to Board
(1) This section makes special provision for the appointment of a person nominated by the Northern Territory as a member of the Board for a Commonwealth reserve consisting wholly or mostly of indigenous people’s land held by the Director under lease in the Territory.
(2) Despite subsection 379(1), the Minister must not appoint the person unless:
(a) the members of the Board nominated by the traditional owners of the land consent to the appointment; or
(b) the appointment has been recommended under subsection (5).
(3) The Northern Territory may inform the Minister if it believes that the members of the Board nominated by the traditional owners of the land are unreasonably withholding consent to the appointment.
(4) If the Northern Territory informs the Minister, he or she must refer the matter to the person (the Ombudsman) holding the office of Commonwealth Ombudsman under the Ombudsman Act 1976.
(5) If the Ombudsman is satisfied that the members of the Board nominated by the traditional owners of the land are unreasonably withholding consent to the appointment, the Ombudsman must recommend to the Minister that the Minister make the appointment.
Division 5—Conservation zones
390B Simplified outline of this Division
The following is a simplified outline of this Division:
The Governor‑General can proclaim a Commonwealth area to be a conservation zone, to protect biodiversity in the area while it is being assessed for inclusion in a Commonwealth reserve.
Regulations can be made to regulate a wide range of activities in a conservation zone.
People who have rights relating to an area that is later included in a conservation zone can continue to exercise those rights in the zone.
A conservation zone can be revoked if the Minister is satisfied the area concerned should not be included in a Commonwealth reserve. It is revoked automatically if it is included in a Commonwealth reserve.
390C Object of this Division
The object of this Division is to provide for the protection of biodiversity, other natural features and heritage in Commonwealth areas while they are being assessed for inclusion in a Commonwealth reserve.
390D Proclamation of conservation zones
(1) The Governor‑General may, by Proclamation, declare a Commonwealth area outside a Commonwealth reserve to be a conservation zone.
(2) Before the Governor‑General makes a Proclamation declaring a Commonwealth area to be a conservation zone, the Minister must be satisfied that the area should be assessed to determine whether the biodiversity, other natural features and heritage in the area should be protected by including the area in a Commonwealth reserve.
390E Regulating activities generally
(1) The regulations may:
(a) regulate or prohibit the pollution of soil, air or water in a manner that is, or is likely to be, harmful to:
(i) people, biodiversity or heritage in conservation zones; or
(ii) the natural features of conservation zones; and
(b) regulate tourism in conservation zones; and
(c) provide for the protection and preservation of conservation zones and property and things in conservation zones; and
(d) provide for the protection and conservation of biodiversity in conservation zones; and
(e) regulate or prohibit access to all or part of a conservation zone by persons or classes of persons; and
(f) provide for the removal of trespassers from conservation zones; and
(g) regulate camping in conservation zones; and
(h) provide for the safety of persons in conservation zones; and
(i) regulate the use of fire in conservation zones; and
(j) regulate the conduct of persons in conservation zones; and
(k) regulate the carrying on of any trade or commerce in a conservation zone; and
(l) regulate the use of vehicles in conservation zones and provide for signs and road markings for those purposes; and
(m) provide for:
(i) the removal of vehicles, aircraft or vessels from places in conservation zones where they have been left in contravention of the regulations or have been abandoned; and
(ii) the impounding of such vehicles, aircraft or vessels; and
(n) provide that the person taken for the purposes of the regulations to be the owner of a motor vehicle involved in a contravention of a provision of the regulations relating to the parking or stopping of vehicles in a conservation zone is, except as provided otherwise, taken to commit an offence against the provision; and
(o) provide for a person to be taken to be the owner of a motor vehicle for the purposes of regulations made under paragraph (n) (including a person in whose name the motor vehicle is registered under the law of a State or Territory); and
(p) regulate the use of vessels in, and the passage of vessels through, conservation zones; and
(q) regulate the landing and use of aircraft in, and the flying of aircraft over, conservation zones; and
(r) regulate or prohibit the taking of animals or plants into or out of conservation zones; and
(s) provide for the impounding, removal, destruction or disposal of animals found straying in conservation zones; and
(t) regulate or prohibit the taking into conservation zones, and the use in conservation zones, of weapons, traps, nets, snares, fishing apparatus and other devices; and
(u) regulate or prohibit the laying of baits and the use of explosives and poisons in conservation zones; and
(v) provide for the collection of specimens and the pursuit of research in conservation zones for scientific purposes; and
(w) provide for the issue of licences, permits and authorities relating to activities in conservation zones, the conditions subject to which they are issued and the charging of fees by the Commonwealth in respect of such licences, permits and authorities; and
(x) provide for any matter incidental to or connected with a matter described in another paragraph.
(2) Regulations relating to conservation zones may also:
(a) regulate the carrying on of mining operations, fishing, pastoral or agricultural activities for commercial purposes; and
(b) regulate the construction or alteration of buildings and structures; and
(c) regulate the construction or establishment of bridges, railways, roads, tracks, port facilities and air‑strips and the carrying out of any other works; and
(d) regulate the felling or taking of timber; and
(e) provide for and in relation to the powers to be exercised, and the functions and duties to be performed, in and in relation to conservation zones by wardens, by rangers and by other persons included in specified classes of persons; and
(f) provide for and in relation to the giving of securities for compliance with regulations made for the purposes of this section by persons doing, or proposing to do, anything to which those regulations relate.
(3) Regulations made for the purposes of this section have no effect to the extent that they are inconsistent with the terms and conditions of a right (however described) to explore for minerals, or to mine for or recover minerals, granted under section 124 of the Lands Acquisition Act 1989.
390F Charges for activities in conservation zones
Subject to the approval of the Minister, the Director may determine and impose charges for using services or facilities provided by the Director in or in connection with a conservation zone.
390G Other laws and regulations made for this Division
Regulations regulating aircraft subject to other Commonwealth laws
(1) A provision of the regulations regulating the flying of aircraft over a conservation zone does not have any effect so far as it is inconsistent with a law of the Commonwealth. For this purpose, a provision is not inconsistent with such a law if it can be complied with without contravention of the law.
Territory laws subject to regulations
(2) A law of a Territory has effect so far as it is not inconsistent with a provision of the regulations made for the purposes of this Division and having effect in that Territory. For this purpose, such a law is not inconsistent with the provision so far as it can operate concurrently with the provision.
390H Prior usage rights relating to conservation zones continue to have effect
(1) None of the following provisions affect a usage right that was held by a person (other than the Commonwealth) in relation to land or seabed immediately before the land or seabed was included in a conservation zone:
(a) provisions of this Division that relate to the zone (whether or not they also relate to another conservation zone);
(b) provisions of the regulations made for the purposes of this Division that relate to the zone (whether or not they also relate to another conservation zone).
(2) None of the provisions covered by subsection (1) affect the application of a law of a State or Territory in relation to the usage right.
(3) The usage right may be renewed or have its term extended only:
(a) with the Minister’s written consent; and
(b) subject to any conditions determined by the Minister.
This subsection has effect despite subsections (1) and (2) and any other law of the Commonwealth, a State or a Territory.
(4) Subsections (1) and (2) apply in relation to a usage right relating to minerals on, in or under land or seabed included in a conservation zone as if the usage right were a usage right relating to the land or seabed.
(5) This section applies to a right arising out of a usage right in the same way as it applies to the usage right.
390J Revoking and altering conservation zones
Proclamations to revoke or amend declaring Proclamation
(1) The Governor‑General may, by Proclamation, revoke or amend a Proclamation made under section 390D (declaring a Commonwealth area to be a conservation zone).
Limit on making Proclamations
(2) Before the Governor‑General makes a Proclamation under subsection (1) causing a Commonwealth area to cease to be within a conservation zone, the Minister must be satisfied that the area should not be included in a Commonwealth reserve.
Declaration of Commonwealth reserve revokes conservation zone
(3) A Commonwealth area ceases to be a conservation zone by force of this subsection if the area becomes or is included in a Commonwealth reserve.
Conservation zone ends if it ceases to be in Commonwealth area
(4) If land, waters, seabed or airspace in a conservation zone cease to be a Commonwealth area, the land, waters, seabed or airspace cease to be (or be in) a conservation zone by force of this subsection.
Proclamation to reflect cessation of conservation zone
(5) If land, waters, seabed or airspace cease to be a conservation zone by force of subsection (3) or (4), the Governor‑General must make a Proclamation revoking or amending the Proclamation that included the land, waters, seabed or airspace in a conservation zone, to reflect the fact that the land, waters, seabed or airspace are no longer part of the conservation zone.
Chapter 5A—The List of Overseas Places of Historic Significance to Australia
Part 15A—The List of Overseas Places of Historic Significance to Australia
390K The List of Overseas Places of Historic Significance to Australia
(1) The Minister must keep a written record of places in accordance with this Part. The record is called the List of Overseas Places of Historic Significance to Australia.
(2) The List of Overseas Places of Historic Significance to Australia is not a legislative instrument.
390L Inclusion of places in the List of Overseas Places of Historic Significance to Australia
(1) The Minister may, by notice published in the Gazette, include a place, and a statement of its historic significance to Australia, in the List of Overseas Places of Historic Significance to Australia if, and only if:
(a) the place is outside the Australian jurisdiction; and
(b) the Minister is satisfied that the place is of outstanding historic significance to Australia.
(2) The regulations may specify matters the Minister is to have regard to in considering whether he or she is satisfied as mentioned in paragraph (1)(b).
390M Removal of places from the List of Overseas Places of Historic Significance to Australia or variation of statement of historic significance
(1) The Minister may, by notice published in the Gazette, do either of the following in relation to a place that is included in the List of Overseas Places of Historic Significance to Australia:
(a) remove the place, and the statement of its historic significance to Australia, from the List;
(b) vary the statement of the place’s historic significance to Australia.
(2) The regulations may specify matters the Minister is to have regard to in considering whether to take action under subsection (1).
390N Inviting comments from other Ministers before taking action
(1) Before taking action in relation to a place under section 390L or 390M, the Minister (the Environment Minister) must:
(a) inform the following other Ministers of the action the Environment Minister proposes to take:
(i) the Minister for Foreign Affairs;
(ii) any other Minister whom the Environment Minister believes should be informed; and
(b) invite those other Ministers to give the Environment Minister comments on the proposed action; and
(c) take any comments from those other Ministers into account.
(2) In this section:
Minister for Foreign Affairs means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
390P Minister may ask Australian Heritage Council for advice etc.
(1) The Minister may ask the Australian Heritage Council for advice relating to action that the Minister is considering taking under section 390L or 390M in relation to a place, and may take that advice into account in deciding what action (if any) to take under that section in relation to the place.
(2) The Minister may also seek, and have regard to, information or advice from any other source.
390Q List of Overseas Places of Historic Significance to Australia to be publicly available
The Minister must ensure that:
(a) up‑to‑date copies of the List of Overseas Places of Historic Significance to Australia are available for free to the public on request; and
(b) an up‑to‑date copy of the List is available on the internet.
390R Disclosure of Australian Heritage Council’s assessments and advice
(1) A member of the Australian Heritage Council has a duty not to disclose advice under section 390P to a person other than the Minister, an employee in the Department whose duties relate to the Council or another member of the Council.
(2) However, the duty not to disclose the advice does not exist after the Minister has decided whether to take the action to which the advice relates.