Div 4(the new Division) of Part 15 of the new Act applies in relation to the preparation of a management plan for the Commonwealth reserve with the applicable modifications set out in this item.

Division 4 (the new Division) of Part 15 of the new Act applies in relation to the preparation of a management plan for the Commonwealth reserve with the applicable modifications set out in this item. (2) The new Division applies as if paragraph 368(1)(a) and subsection 368(2) were omitted from the new Act. (3) If the Director published a notice under subsection 11(10) of the Parks Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:  (a) paragraphs 368(1)(b) and (c) and subsection 368(5) were also omitted from the new Act; and  (b) if the date specified in the notice under paragraph 11(10)(b) of the Parks Act has passed—paragraph 368(1)(d) were also omitted from the new Act. (4) If subitem (3) does not apply, the new Division applies as if the reference in paragraph 368(1)(b) of the new Act to comments were a reference to representations received in response to the notice referred to in paragraph (1)(a) of this item. (5) If the Director submitted a plan of management for the park or reserve under subsection 11(12) of the Parks Act to the Minister administering that Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:  (a) paragraphs 368(1)(d) and (e) were also omitted from the new Act; and  (b) the plan had been given to the Minister administering the new Division under subsection 370(1) of the new Act when it commenced and subsection 370(2) of the new Act had been complied with in relation to the plan. (6) If subitem (5) does not apply but subitem (3) does, the new Division applies as if the reference in paragraph 368(1)(e) of the new Act to comments were a reference to representations received in response to the notice under subsection 11(10) of the Parks Act. (7) Subitems (1) to (6) (inclusive) do not apply to the preparation of a management plan for a Commonwealth reserve after the first approval under the new Division of a management plan for the reserve. 6  Continuation of Boards for parks and reserves (1) This item effectively continues in existence each of the following Boards (the old Boards) that was established under Part IIA of the Parks Act and was in existence immediately before the commencement of the new Act:  (a) the Board for the park that was declared under Part II of the Parks Act and assigned the name Booderee National Park;  (b) the Board for so much of the reserve declared under Part II of the Parks Act and assigned the name Australian National Botanic Gardens as was in the Jervis Bay Territory;  (c) the Board for the park that was declared under Part II of the Parks Act and assigned the name Kakadu National Park;  (d) the Board for the park that was declared under Part II of the Parks Act and assigned the name Uluru‑Kata Tjuta National Park. (2) A section 14C notice (as defined in Part IIA of the Parks Act) that was in force immediately before the commencement of the new Act continues in force as if:  (a) it had been published in the Gazette under section 377 of the new Act immediately after that commencement; and  (b) it provided for an additional member of the Board, whose qualification for membership is nomination by the Northern Territory, in the case of a section 14C notice relating to Kakadu National Park or Uluru‑Kata Tjuta National Park. (3) The Minister administering Division 4 of Part 15 of the new Act must appoint under that Division a person as a member of the Board referred to in paragraph (2)(b) within 3 months of:  (a) the Northern Territory nominating the person; or  (b) if the Northern Territory informs that Minister it believes that the members of the Board nominated by the traditional owners are unreasonably withholding consent to the appointment—that Minister referring the matter to the person holding the office of Commonwealth Ombudsman under the Ombudsman Act 1976. (4) This item does not prevent amendment of the notice under section 378 of the new Act. (5) For the purposes of the new Act, a person who was a member of an old Board immediately before the commencement of that Act holds office as a member of the Board established because of subitem (2). (6) The person holds office as a member of the Board for so much of the period specified in the instrument appointing him or her a member of the old Board as had not elapsed before the commencement of the new Act. This subitem has effect subject to sections 380 and 382 of that Act. Note: Subsection 14F(2) of the Parks Act provided that certain instruments of appointment were taken to specify a 5 year period of appointment. 7  Continuation of town plans A town plan that was in force for the purposes of section 8C of the Parks Act immediately before the commencement of the new Act continues in force as a town plan for the purposes of the new Act. 8  Continuation of conservation zones A Proclamation under section 8A of the Parks Act declaring an area to be a conservation zone that was in force immediately before the commencement of the new Act continues in force as if it had been made under Division 5 of Part 15 of the new Act immediately after that commencement, so that:  (a) the area; and  (b) the subsoil and seabed (if any) specified in the Proclamation under the area; and  (c) the waters under the sea (if any) in the area; are declared as a conservation zone under the new Act. 9  Continued appointment of wardens, rangers and wildlife inspectors Wardens and rangers (1) An instrument appointing a person as a warden or ranger that was in force under section 37 of the Parks Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 392 of the new Act (so the person is appointed as a warden or ranger (as appropriate) under section 392 of the new Act). (2) An instrument appointing a person as a wildlife inspector that was in force under section 38A of the Parks Act immediately before the commencement of the new Act continues in force for the purposes of the new Act as if it had been made under section 396 of the new Act (so the person is appointed as an inspector under section 396 of the new Act). Appointments terminated if appointee ceases to be officer of the Department (3) A person appointed as a warden, ranger or inspector for the purposes of the new Act because of subitem (1) or (2) ceases to be a warden, ranger or inspector if he or she ceases to be an officer of, or an employee in, a Department administering a provision of the new Act. Persons covered by arrangements under section 36 of Parks Act (4) If a person was appointed as a warden, ranger or inspector for the purposes of the new Act because of subitem (1) or (2) because he or she was an officer or employee referred to in section 36 of the Parks Act, he or she ceases to be a warden, ranger or inspector for the purposes of the new Act:  (a) at the end of the period for which he or she was appointed under the Parks Act, if he or she was appointed for a specified period; or  (b) at the end of the period for which the relevant arrangement under section 36 of the Parks Act would have continued in force if that Act had not been repealed, if the arrangement was in force for a specified period; or  (c) 6 months after the commencement of the new Act, if neither paragraph (a) nor paragraph (b) applies. (5) This item does not prevent the revocation of an instrument of appointment. Identity cards for wardens and rangers (6) An identity card issued under section 39 of the Parks Act to a person who is appointed as a warden or ranger for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 395 of the new Act. (7) An identity card issued under section 39 of the Parks Act to a person who is appointed as an inspector for the purposes of the new Act because of this item continues in force as if it had been issued to the person under section 399 of the new Act. 10  Saving of regulations applied as by‑laws for Aboriginal Land in Jervis Bay Territory The repeal of the Parks Act does not affect any by‑law that:  (a) was made under section 52A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986; and  (b) applied a regulation made under the Parks Act; and  (c) was in force immediately before the commencement of the new Act. 11  Transitional provision—approved wildlife programs (1) In this item: approved management program means a program for the management of a species that was declared to be an approved management program by a declaration in force under regulation 58 of the National Parks and Wildlife Conservation Regulations immediately before the commencement of the new Act. (2) So far as a provision of the new Act listed in subitem (3) relates to the taking of an action:  (a) relating to a species that is:  (i) a subject of an approved management program; and  (ii) either listed under the Division of that Act in which the provision occurs or, in the case of the provision of that Act listed in paragraph (3)(b), a cetacean species; and  (b) in a Territory where the program applies; the provision has effect as if a reference in the provision to the taking of an action not being inconsistent with a wildlife conservation plan for that species that is in force included a reference to the taking of an action not being inconsistent with the program for that species. (3) Subitem (2) applies in relation to the following provisions of the new Act:  (a) subparagraph 216(3)(b)(ii);  (b) subparagraph 238(3)(b)(ii);  (c) subparagraph 258(3)(b)(ii). (4) When taking an action in a Territory where an approved management program applies, a Commonwealth agency (as defined in the new Act) must take all reasonable steps to act in accordance with the program. (5) This item does not apply in relation to an approved management program for a species after:  (a) a recovery plan for the species has been made or adopted for the species under the new Act; or  (b) a wildlife conservation plan for the species has been made or adopted under section 285 of the new Act. 12  Subsection 2(1) Booderee National Park means the Commonwealth reserve of that name within the Jervis Bay Territory under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999. Note 1: The heading to section 38A is altered by omitting “Jervis Bay National Park” and substituting “Booderee National Park”. Note 2: The heading to section 38B is altered by omitting “Jervis Bay National Park” and substituting “Booderee National Park”. 13  Subsection 2(1) (definition of Director) Note: The Director is also an Authority. 14  Subsection 2(1) (definition of Jervis Bay National Park) 15  Subsection 9A(1) Omit “Jervis Bay National Park or the Jervis Bay Botanic Gardens”, substitute “Booderee National Park”. Note: The heading to section 9A is altered by omitting “Jervis Bay National Park etc.” and substituting “Booderee National Park”. 16  Saving To avoid doubt, the amendments of section 9A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 by this Schedule do not affect the validity of a declaration made under that section before the amendments. 17  Subsections 38(2) and (4) Omit “Jervis Bay National Park or the Jervis Bay Botanic Gardens”, substitute “Booderee National Park or the Booderee Botanic Gardens”. 18  Section 38A Omit “the National Parks and Wildlife Conservation Act 1975”, substitute “Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999”. 19  Application The amendments of section 38A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 made by this Schedule do not require the Council and the Director to enter into an agreement relating to land described in a notice published under subsection 9A(3) of that Act if the Council and the Director had made an agreement relating to that land under that section before the commencement of the Environment Protection and Biodiversity Conservation Act 1999. Note: Part 2 of this Schedule converts an agreement between the Council and the Director into an agreement between the Council and the Commonwealth. 20  Section 38C Omit “Jervis Bay National Park or the Jervis Bay Botanic Gardens”, substitute “Booderee National Park”. 21  Subsection 52A(3) Omit “National Parks and Wildlife Conservation Act 1975”, substitute “Environment Protection and Biodiversity Conservation Act 1999”. 22  Saving of by‑laws applying regulations A by‑law that:  (a) was made under section 52A of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 before the commencement of the Environment Protection and Biodiversity Conservation Act 1999; and  (b) applied a regulation made under the National Parks and Wildlife Conservation Act 1975; continues in force despite the amendment of subsection 52A(3) of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 by this Schedule. 23  Subsection 3(1) (definition of conservation zone) conservation zone has the meaning given by the Environment Protection and Biodiversity Conservation Act 1999. 24  Subsection 3(1) (definition of Director) 25  Subsection 3(1) (definition of National Parks Act) 26  Subsection 3(1) (definition of park) 27  Subsection 10(4) 28  Subsection 11(1A) 29  Subsection 12(2A) 30  Subsections 12(2B) and (2C) Omit “the National Parks and Wildlife Conservation Act 1975”, substitute “Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999”. 31  Saving To avoid doubt, the amendments of section 12 of the Aboriginal Land Rights (Northern Territory) Act 1976 made by this Schedule does not affect an agreement mentioned in subsection 12(2B) or (2C) of that Act before the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 32  Subsection 12A(1) Omit “the National Parks and Wildlife Conservation Act 1975”, substitute “Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999”. 33  Application provision Subsection 12A(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 as amended by this Schedule applies whether the estate or interest of the Director in the land ceased to exist before or after the commencement of the Environment Protection and Biodiversity Conservation Act 1999. 34  Paragraph 12B(2)(b) Omit “National Parks and Wildlife Conservation Act 1975”, substitute “Environment Protection and Biodiversity Conservation Act 1999”. 35  Subsection 50(1B) 36  Subsection 73(1) Omit “the National Parks and Wildlife Conservation Act 1975”, substitute “Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999”. 37  Subsection 73(1) Omit “under that Act”, substitute “under or for the purposes of that Division”. Antarctic Treaty (Environment Protection) Act 1980 38  Subsection 7(2) Omit “the National Parks and Wildlife Conservation Act 1975 (other than section 10)”, substitute “Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999”. 39  Subsection 7(3) Omit “under the National Parks and Wildlife Conservation Act 1975”, substitute “for the purposes of section 356 of the Environment Protection and Biodiversity Conservation Act 1999”. 40  Section 8 Omit all the words after “Parks” (first occurring), substitute “about any matter concerning the declaration or management of a Commonwealth reserve under the Environment Protection and Biodiversity Conservation Act 1999”. 41  Subsection 3(1) (definition of appointed member) 42  Subsection 3(1) (definition of conservation zone) After “means”, insert “an area that was”. 43  Subsection 3(1) Director of National Parks means the person holding the appointment as the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999. 44  Subsection 3(1) (at the end of subparagraphs (b)(i) and (ii) of the definition of prescribed instrument) Add “and”. 45  Subsection 3(1) (at the end of subparagraph (b)(iii) of the definition of prescribed instrument) Omit “or”, substitute “and”.