Part 2: Administration
Conservation Management Trusts (section 31): A Conservation Management Trust may be established for specified reserved land. The Trust manages the land in accordance with this Act and any applicable management plan. The Trust can hold land on behalf of the Crown and is subject to ministerial directions.
Special advisory committees: The Minister may establish special advisory committees to advise on the management of reserved land. Committees must include members with particular expertise or representing particular interests, and operate subject to quorum and decision-making requirements.
Part 3: Management of reserved land
Management plans (section 19): Management plans for reserved land may be approved by the Governor. A plan may cover specified areas, parts, groups or classes of reserved land. Before approving a plan covering land subject to the Mineral Resources Development Act 1995 (Tas), the Minister must consult with the minister administering that Act. Plans for land vested in a public authority require that authority's agreement.
Formulation of management plans (section 20): The Director prepares management plans, which must go through a prescribed consultation and public exhibition process before being submitted to the Governor for approval.
Leases of reserved land (sections 48 to 54): The Minister may grant leases of reserved land for conservation purposes and certain other approved purposes. Leases are subject to conditions. Compensation is payable to lessees on compulsory termination (section 53) and on non-renewal for agricultural or grazing leases (section 54).
Business licences (sections 41 to 47): Commercial operators must hold a business licence to carry on business activities on reserved land. The Minister may:
- Grant or refuse applications (section 41).
- Impose and vary conditions (sections 41, 42).
- Specify the term of the licence (section 43).
- Refuse to renew (section 44).
- Approve or refuse transfers (section 45).
- Suspend or cancel licences for breach of conditions or other grounds (sections 46, 47).
Licences under section 40: Other licences (not business licences) may be issued for specific activities on reserved land.
Part 4: Enforcement
Requiring identification and leaving land (section 62): An authorised officer with reasonable grounds for believing an offence has been or is being committed may require the person to state their name and residential address and, if the offence is on reserved land, to leave the land. Failure to comply is an offence.
Seizure powers (section 64): Authorised officers may seize wildlife, products of wildlife, plants, hunting equipment, licences, documents and other things used in or providing evidence of an offence under the Act.
Production of licences (section 63): An authorised officer may require production of any licence or permit issued under the Act or the Nature Conservation Act 2002. Failure to produce is an offence.
Part 5: Infringement notices
The Act provides for an infringement notice regime allowing authorised officers to issue infringement notices for prescribed offences, enabling payment of a fixed penalty without prosecution.