National Parks and Reserves Management Act 2002

• Tasmanian Parks and Wildlife Service rangers who manage reserved land.
• Commercial tourism operators, tour guides and other businesses operating on reserved land who require business licences.
• Landholders with private nature reserves or private sanctuaries on their land.
• Visitors to national parks and reserves who are subject to rules set by management plans and regulations.
• Conservation organisations that may become Conservation Management Trusts.
• Mineral resources companies seeking access to reserved land.
• Federal environmental regulators, as the management of Tasmanian reserves is a subject of interaction with the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and Regional Forest Agreements.

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.

Governor's power to approve management plans (section 19(2)): Management plans are approved by the Governor on submission by the Director. The Governor may not approve a plan that is not submitted in accordance with the Part 3 process.

Minister's powers over business licences (sections 41-47): The Minister holds broad discretionary powers over the grant, renewal, transfer, suspension and cancellation of business licences.

Ministerial direction to Conservation Management Trusts: The Minister may give directions to Conservation Management Trusts on management matters.

Director's seizure functions: The Director may direct how seized items are dealt with after seizure by authorised officers.

Tasmanian Civil and Administrative Tribunal (section 19(9)): Where a private nature reserve owner does not agree to a management plan within 60 days of being approached, the Director may submit the plan to TCAT for arbitration. TCAT's decision on management plan arbitration is final (section 19(11)).

The Act relies primarily on ranger enforcement. Specific offences under the enforcement provisions (Part 4) include:

• Failing to state name and address when required (section 62(4)): offence.
• Refusing to leave reserved land when required (section 62(5)): offence.
• Failing to produce a licence when required (section 63): offence.

Infringement notices may be issued for prescribed offences under Part 5.

The regulations made under section 91 may prescribe additional offences and penalties for contraventions of management plan requirements and conditions of licences.

• Management plan approval: No fixed statutory deadline, but the process requires Director preparation, public consultation, and Governor approval.
• Private nature reserve agreement (section 19(9)): Owner has 60 days to agree to a management plan before the Director can refer the matter to TCAT.
• Business licence applications: No fixed statutory timeframe; Minister decides in accordance with the Act.
• Compensation on lease termination (section 53): Determined by valuation; aggrieved lessees may apply to TCAT for review.

Nature Conservation Act 2002 (Tas): The classification of reserved land, the purposes for which each class may be managed, and the establishment of new reserves are governed by the Nature Conservation Act. The National Parks and Reserves Management Act provides the management framework after classification.

Environment Protection and Biodiversity Conservation Act 1999 (Cth): Management actions on reserved land may trigger the EPBC Act where they might have a significant impact on a matter of national environmental significance (such as World Heritage values, threatened species or national heritage). The Tasmanian Aboriginal Centre and Bob Brown Foundation litigations illustrate this interaction.

Regional Forest Agreement (Tasmania-Commonwealth): The Tasmanian RFA may affect which forestry operations on or near reserved land require approval under the EPBC Act. The Bob Brown Foundation case examined whether the Tasmanian RFA remained valid and whether it exempted forestry operations from EPBC approval requirements.

Mineral Resources Development Act 1995 (Tas): Section 19(4) requires consultation with the relevant Minister before approving a management plan for land subject to the Mineral Resources Development Act.

Police Offences Act 1935 (Tas): Section 61 of this Act applies the Police Offences Act's "found offending" provisions (section 55(5)) to enforcement under Part 4.

Tasmanian Civil and Administrative Tribunal Act 2020 (Tas): TCAT is the appeal tribunal under the Act following amendments by the 2021 transitional legislation.

Management plans are legally binding on the Parks and Wildlife Service: Once approved, a management plan sets the objectives and permissible uses for reserved land. The Tasmanian Aboriginal Centre v Secretary litigation illustrates that opening tracks contrary to management plan objectives can attract significant legal scrutiny, including under the EPBC Act. The Service cannot simply ignore management plan objectives by administrative decision without following the plan amendment process.

Specific management plans prevail over general plans (section 19(12)): Where a specific management plan is approved for land within an area also covered by a general plan, the specific plan prevails to the extent of inconsistency. Practitioners and operators need to check which plan applies to specific parcels.

Business licence suspension does not require conviction: The Minister may suspend a business licence for breach of conditions without criminal conviction. Commercial operators whose licences are suspended lose operating rights immediately.

Private nature reserve management plans can be arbitrated by TCAT (section 19(9)): Landholders who decline to agree to a management plan for their private nature reserve do not have an absolute veto. After 60 days, the Director can refer the plan to TCAT for arbitration, and TCAT's decision is final (section 19(11)).

Example 1 (management plan and track opening): The Parks and Wildlife Service wishes to open a track in a conservation area to recreational vehicles. The management plan for the area must authorise this use. If the plan does not authorise the use, the Service must amend the plan (requiring Governor approval and public consultation) before proceeding. Proceeding without plan authority may constitute a breach of the Act and may also trigger EPBC Act obligations if the area has heritage or threatened species values.

Example 2 (business licence for ecotourism operator): An ecotourism company wants to run guided walks in a national park. The company must apply for a business licence under section 41. The Minister will consider whether the proposed activity is consistent with the relevant management plan and may impose conditions (such as guide qualifications, group size limits and equipment restrictions).

Example 3 (private nature reserve management plan): A landholder owns a property declared as a private nature reserve under the Nature Conservation Act. The Director prepares a management plan for the reserve. The landholder has 60 days to agree or disagree. If the landholder refuses to agree, the Director may refer the plan to TCAT under section 19(9). TCAT will consult with both the Director and the landholder before deciding, and the decision is final.

Example 4 (enforcement action): A ranger observes a person collecting plants from a national park without a permit. The ranger (as an authorised officer) may require the person to identify themselves (section 62(1)) and seize the collected plants (section 64(3)). The person must comply; failure to state their name or leave the park when required is a separate offence under section 62(4) and (5).