59Application

59  Application The amendment of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 made by this Schedule applies in relation to applications for permits (and, because of section 39 of that Act, to applications for authorities) under that Act made after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. Schedule 4—National Parks and Wildlife Conservation Act 1975: repeal etc. National Parks and Wildlife Conservation Act 1975 Director means the Director of National Parks and Wildlife established by the Parks Act. Parks Act means the National Parks and Wildlife Conservation Act 1975. 3  Continuation of parks and reserves (1) A Proclamation under Part II of the Parks Act of an area as a park or reserve that was in force immediately before the commencement of the new Act continues in force as if it had been made under section 344 of the new Act immediately after that commencement, so that the area is declared as a Commonwealth reserve under the new Act. (2) A Proclamation of an area as a park under the Parks Act continues in force as if it stated that the purposes for which the area was declared were:  (a) the preservation of the area in its natural condition; and  (b) the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public. (3) If, immediately before the commencement of the new Act, an area was proclaimed as a park or reserve under the Parks Act and was managed as a botanic garden (as defined in the Parks Act), the Proclamation of the area continues in force as if it included a statement that the purposes for which the area was declared included the object specified in paragraph 11(8)(ca) of the Parks Act. (4) This item does not prevent amendment of the Proclamation by another Proclamation made under Division 4 of Part 15 of the new Act. (5) To avoid doubt, paragraphs 357(1)(a) and (2)(a) of the new Act do not apply to a Commonwealth reserve to which this item relates until the reserve is assigned to an IUCN category by a Proclamation made under Division 4 of Part 15 of the new Act or a management plan made under that Division. (6) Paragraph 368(3)(a) of the new Act applies in relation to the preparation of a management plan for a Commonwealth reserve to which this item relates as if the reference in the paragraph to a report considered by the Minister under section 351 of that Act included a reference to a report considered by the Executive Council under subsection 7(11) of the Parks Act in relation to the park or reserve taken to have been declared as the Commonwealth reserve. 4  Continuation of plans of management (1) A plan of management in force for a park or reserve under Part II of the Parks Act immediately before the commencement of the new Act continues in force after that commencement as a management plan for the corresponding Commonwealth reserve as if:  (a) the Minister administering the new Act had approved it under section 370 of that Act; and  (b) it were not required to be laid before each House of the Parliament and were not able to be disallowed because of section 371 of the new Act. (2) However, the plan ceases to have effect on the earlier of the following days (or either of them if they are the same):  (a) the day it would have ceased to have had effect if the Parks Act had not been repealed;  (b) the day 7 years after the commencement of the new Act. (3) This item has effect in relation to a plan even if the plan does not comply with section 367 of the new Act. (4) This item does not prevent amendment of the plan by another management plan approved under Division 4 of Part 15 of the new Act. 5  Continuation of preparation of plans (1) If, before the commencement of the new Act:  (a) the Director published a notice under subsection 11(2A) of the Parks Act relating to a park or reserve that later became a Commonwealth reserve because of this Schedule; and  (b) the Minister administering the Parks Act had not accepted under section 11 of the Parks Act a plan of management for the park or reserve submitted by the Director after the Director published the notice;