National Parks and Wildlife Act 1972

Part 1—Preliminary 1—Short title This Act may be cited as the National Parks and Wildlife Act 1972. 5—Interpretation In this Act, unless the contrary intention appears— Aboriginal means of, or pertaining to, the people who inhabited Australia before European colonisation or their descendants; Aboriginal-owned land means land the fee simple in which is vested in— (a) the Aboriginal Lands Trust; or (b) a body that represents the interests of the relevant Aboriginal group; Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent; Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; aircraft includes a glider or balloon capable of carrying a person; appointed member in relation to the Council means a member of the Council appointed by the Governor under Part 2 Division 2; animal includes any species of animal; carcass of an animal means the whole or any part of— (a) the flesh or internal organs of the animal; or (b) the feathers, wool, hair, skin or hide of the animal; or (c) the bones, horns or hooves of the animal; the Chief Executive means the person appointed to, or assigned to act in, the position of Chief Executive of the Department; co‑managed park means a national park or conservation park in relation to which a co‑management agreement is in force under Part 3; co-management advisory committee means a co‑management advisory committee under section 43F(2a)(b)(ii); co‑management agreement means a co‑management agreement under Division 6A of Part 3; co‑management board for a co‑managed park means a board established under Division 6A of Part 3, or under any other Act, to manage the co‑managed park; conservation park means land constituted, and for the time being continuing, as a conservation park under Part 3; controlled species means a species of animal declared to be a controlled species pursuant to this Act; Council means the Parks and Wilderness Council established under section 15; Crown land means— (a) unalienated land of the Crown; or (b) land held by a Minister, agent or instrumentality of the Crown on behalf of the Crown; day means any period of 24 hours, commencing at midnight; the Department means the administrative unit that is responsible for the administration of this Act; device means any trap, net, snare or other device for taking or facilitating the taking of animals and includes any substance that can be used for that purpose; Director means the person for the time being holding, or acting in, the office of Director of National Parks and Wildlife (see section 11A); egg includes any part of an egg or egg shell; endangered species means a species of animal or plant referred to in Schedule 7; firearm includes any device from which any kind of shot, bullet, or other missile can be discharged; forest reserve means a forest reserve within the meaning of the Forestry Act 1950; game reserve means land constituted, and for the time being continuing, as a game reserve under Part 3; land includes waters; marine mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea); mining Act means the Mining Act 1971, the Offshore Minerals Act 2000, the Opal Mining Act 1995, the Petroleum Act 2000 or the Petroleum (Submerged Lands) Act 1982; mining production tenement means— (a) a mining lease, or a miscellaneous purposes licence, granted under the Mining Act 1971; (ab) a registered precious stones claim or a registered opal development lease registered under the Opal Mining Act 1995; (b) a production licence or a pipeline licence granted under the Petroleum Act 2000; (c) a production licence, or pipeline licence, granted under the Petroleum (Submerged Lands) Act 1982; (d) a mining licence (or a works licence for activities that are directly connected with activities that are carried out, or are to be carried out under a mining licence) under the Offshore Minerals Act 2000; mining tenement means a claim, lease, licence, permit or other authority granted under a mining Act; minor alterations or additions to a public road means alterations or additions by way of realignment or reforming of a public road that are desirable in the interests of safety; Murray‑Darling Basin has the same meaning as in the Murray-Darling Basin Act 1993; national park means land constituted, and for the time being continuing, as a national park under Part 3; native plant means any plant that is indigenous to Australia and includes any plant of a species declared by regulation to be a native plant; owner in relation to land, means the holder of any estate or interest in the land, and includes— (a) the occupier of the land; or (b) a person to whom the care, control and management of the land has been committed; plant means vegetation of any species including— (a) its flowers; or (b) its seeds; or (c) any other part of the vegetation; premises includes vacant land; private land means any land except Crown land; prohibited species means a species of animal declared to be a prohibited species pursuant to this Act; protected animal means— (a) any mammal, bird or reptile indigenous to Australia; or (b) any migratory mammal, bird or reptile that periodically or occasionally migrates to, and lives in, Australia; or (c) any animal of a species referred to in Schedule 7, 8 or 9; or (d) any animal of a species declared by regulation to be a species of protected animals, but does not include animals of the species referred to in Schedule 10 or any animals declared by regulation to be unprotected; public notice means notice published on a website determined by the Minister; public road means a road— (a) to which the public has access; and (b) which is under the control of the Commissioner of Highways or a council constituted under the Local Government Act 1999; rare species means a species of animal or plant referred to in Schedule 9; recreation park means land constituted, and for the time being continuing, as a recreation park under Part 3; relevant Aboriginal group, in relation to particular land, means an Aboriginal group or community with a traditional association with that land; relevant mining Minister in relation to a mining tenement means the Minister administering the Act under which the tenement is granted; reserve means any national park, conservation park, game reserve, recreation park or regional reserve constituted under this Act; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; sell means— (a) sell, barter or exchange; (b) agree or offer to sell, barter or exchange; (c) receive, expose, store, have in possession, send, consign or deliver for or in pursuance of sale, barter or exchange, and sale has a corresponding meaning; take— (a) with reference to an animal, includes any act of hunting, catching, restraining, killing or injuring, and any act of attempting or assisting to hunt, catch, restrain, kill or injure; and (b) with reference to a plant means— (i) to remove the plant or part of the plant, from the place in which it is growing; or (ii) to damage the plant; to hunt means to take any mammal or bird that has not been domesticated or brought into captivity; traditional association, in relation to particular land, means an association with that land consisting of social, economic or spiritual affiliations with, and responsibilities for, the land in accordance with Aboriginal tradition; vehicle includes— (a) a caravan or trailer; (b) an aircraft; (c) a ship, boat or vessel; vulnerable species means a species of animal or plant referred to in Schedule 8; warden means a person for the time being holding the office of warden under this Act; wilderness protection area means land constituted as a wilderness protection area under the Wilderness Protection Act 1992; wilderness protection zone means land constituted as a wilderness protection zone under the Wilderness Protection Act 1992; wildlife means all native plants and animals indigenous to Australia existing apart from cultivation or domestication.

Part 2—Administration

Division 1—General administrative powers 6—Constitution of Minister as a corporation sole (1) The Minister is a corporation sole. (2) The Minister is, in that corporate capacity, capable of acquiring, holding and disposing of real and personal property and of performing any other acts that lie within the capacity of a person of full age and capacity. (3) In any legal proceedings a document apparently bearing the signature or the common seal of the Minister will, in the absence of evidence to the contrary, be taken to have been duly executed by the Minister. 9—Power of acquisition (1) The Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of this Act. (2) Where a notice of intention to acquire land has been served, a person who wilfully damages the land or destroys or harms wildlife on the land is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months. (3) Where the Minister has reasonable cause to suspect that a person may act in contravention of subsection (2), the Minister may authorise a warden to enter upon the land and to exercise such force as may be necessary or expedient to prevent the commission of an offence under that subsection. (4) A warden authorised under subsection (3) may enter upon the land and use such force as may be necessary or expedient to prevent the commission of an offence under this section. 10—Research and investigations (1) The Minister may— (a) cause research to be carried out into problems relating to the conservation of wildlife; or (b) collaborate with any other person, body or authority in the conduct of any such research; or (c) cause an investigation to be made into the possibility of establishing further reserves or adding to existing reserves. (2) The Minister may make available to the public the results of any research or investigation conducted under this section. 11—Wildlife Conservation Fund (1) The Wildlife Conservation Fund is established. (2) The fund consists of— (a) money derived by the Minister from any donation or grant made for the purposes of the fund; and (b) money provided by Parliament for the purposes of the fund; and (c) money arising from any sale that the Minister is authorised to make in pursuance of powers conferred by this Act; and (ca) money arising from the sale of an animal, or the carcass or eggs of an animal, surrendered to the Minister, the Director or the Department; and (d) fees paid for permits under Part 5A; and (e) fees and royalties to be paid into the fund under any other provision of this Act; and (f) interest and accretions arising from investment of the fund. (3) Subject to this Act, the Minister may apply any portion of the fund towards— (a) the conservation of wildlife, and land constituting the natural environment or habitat of wildlife, in such manner as the Minister may, upon the recommendation of the Parks and Wilderness Council, determine; and (b) the promotion of research into problems relating to the conservation of wildlife; and (c) any other purpose for which the fund may be applied under this Act. (4) The Minister may invest any money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. 11A—Director of National Parks and Wildlife (1) The Minister may, by notice in the Gazette, appoint a Public Service employee to be the Director of National Parks and Wildlife. (2) The Minister may appoint a Public Service employee to act as the Director during any period for which— (a) no person is for the time being appointed as the Director; or (b) the Director is absent from, or unable to discharge, official duties. 12—Delegation (1) The Minister may delegate to the Chief Executive, the Director, the Council or to any other person any of the Minister's powers under this Act. (2) The Chief Executive may, with the Minister's consent, delegate to the Director, the Council or to any other person any of the powers delegated to the Chief Executive. (3) The Director may delegate to the Council or any other person any of the Director's powers under this Act, including, with the consent of the person who has delegated the power, a power delegated to the Director under this section. (4) A delegation under this section may be expressed as a delegation to a Public Service employee for the time being performing particular duties or holding or acting in a particular position. (5) A delegation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will. 13—Information to be included in annual report (1) The annual report of the Department must include the following information: (a) the aggregate amount of fees paid for entrance to reserves during the relevant year; and (b) the aggregate amount paid pursuant to leases, licences and other agreements referred to in section 35 during the relevant year; and (c) the aggregate amount of fees and other charges paid for camping and other accommodation on reserves during the relevant year; and (d) the aggregate amount paid for guided tours during the relevant year. (2) Every second annual report referred to in subsection (1) must include an assessment of the desirability of amending Schedules 7, 8, 9 and 10. 14—Minister not to administer this Act The Minister administering a mining Act must not assume responsibility for the administration of this Act.

Division 2—The Parks and Wilderness Council 15—Establishment and membership of Council (1) The Parks and Wilderness Council is established. (2) The Council consists of the Director and 8 other members appointed by the Minister being persons who collectively have, in the opinion of the Minister, the knowledge, skills and experience in the following areas necessary to enable the Council to carry out its functions effectively: (a) the establishment and management of reserves, wilderness protection areas and wilderness protection zones; (b) the conservation of animals, plants and ecosystems; (c) the conservation of the marine environment; (d) a scientific field relevant to the conservation of ecosystems and the relationship of wildlife with its environment; (e) Aboriginal culture and traditional associations with land; (f) community engagement and community partnerships; (g) tourism and recreational use of reserves. (3) At least 2 of the members of the Council must be men and 2 must be women. (4) 1 of the members of the Council appointed by the Minister will be appointed as the presiding member of the Council. 16—Terms and conditions of membership (1) A member appointed by the Minister will be appointed on conditions determined by the Minister and for a term, not exceeding 3 years, specified in the instrument of appointment and will, at the expiration of a term of appointment, be eligible for reappointment. (2) The Minister may remove an appointed member from office— (a) for breach of, or non‑compliance with, a condition of appointment; (b) for misconduct; or (c) for failure or incapacity to carry out the duties of his or her office satisfactorily. (3) The office of an appointed member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (2). (4) If the office of an appointed member of the Council becomes vacant a person must be appointed by the Minister in accordance with section 15 to the vacant office. 17—Remuneration A member of the Council is entitled to remuneration, allowances and expenses determined by the Minister. 18—Vacancies or defects in appointment of members An act of the Council is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 19—Direction and control of Minister The Council is subject to the direction and control of the Minister. 19A—Proceedings of Council (1) 5 of the members of the Council constitute a quorum of the Council and no business may be conducted by the Council unless a quorum is present. (2) The Director may nominate a person to attend and vote at a meeting of the Council on his or her behalf. (3) The presiding member will preside at each meeting of the Council at which he or she is present. (4) If the presiding member is absent, a member chosen by the members present will preside at the meeting. (5) A decision carried by a majority of the votes cast by members at a meeting is a decision of the Council. (6) Each member present at a meeting of the Council has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote. (7) A conference by telephone or other electronic means between members will, for the purposes of this section, be taken to be a meeting of the Council at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Council for that purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (8) A proposed resolution of the Council becomes a valid decision of the Council despite the fact that it is not voted on at a meeting of the Council if— (a) notice of the proposed resolution is given to all members in accordance with procedures determined by the Council; and (b) a majority of the members express their concurrence in the proposed resolution by letter, email, telex, facsimile transmission or other written communication setting out the terms of the resolution. (9) The Council must cause accurate minutes to be kept of its proceedings. (10) Subject to this Act, the Council may determine its own procedures. 19B—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with ecologically‑based tourism generally, or a substantial section of those engaged in or associated with ecologically‑based tourism. 19C—Functions of Council (1) The functions of the Council are— (a) to provide advice to the Minister at the Minister's request on any matter relating to the administration of— (i) this Act; and (ii) the Adelaide Dolphin Sanctuary Act 2005; and (iii) the Marine Parks Act 2007; and (iv) the Wilderness Protection Act 1992; and (b) such functions as may be conferred under this Act or any other Act. (2) Without limiting subsection (1)(a)(i), the Council may advise the Minister on the following matters relating to the administration of this Act: (a) planning in relation to the management of reserves; (b) the conservation of wildlife; (c) funding (including matters relating to sponsorship) and the development and marketing of commercial activities; (d) community participation in the management of reserves and the conservation of wildlife; (e) the development of policy; (f) existing or proposed national or international agreements relating to the conservation of animals, plants and ecosystems; (g) the promotion (including public education) of the conservation of wildlife and other natural resources; (h) the Council's assessment of the performance of the Department in administering the Acts referred to in subsection (1)(a); (i) any other matter referred to the Council by the Minister or on which the Council believes it should advise the Minister. 19D—Annual report (1) The Council must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The Minister must, within 12 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.

Division 3—Appointment and powers of wardens 20—Appointment of wardens (1) Subject to subsection (7), the Minister may, by instrument in writing, appoint any person who has prescribed qualifications to be a warden under this Act. (2) A warden will be appointed for a term specified in the instrument of appointment. (3) An appointment under subsection (1) may be subject to conditions or limitations specified in the instrument of appointment that govern the exercise of the appointee's powers as a warden. (5) Every police officer is, while holding office as such, a warden competent to exercise powers as such in any part of the State. (6) A warden must, while acting as such, carry an identity card issued by the Minister or, if the warden is a police officer, the officer's warrant card, and the warden must produce the card for inspection by the person against whom the warden proposes to exercise any of the powers conferred by this Act. (7) The Minister may not appoint a warden with powers limited in application to a co‑managed park except— (a) if there is a co‑management board for the park—with the agreement of the co‑management board; or (b) in any other case—after consultation with the other party to the co‑management agreement for the park. 21—Assistance to warden (1) A warden may request any suitable person to assist the warden in the exercise of powers under this Act. (2) A person, while assisting a warden in response to a request for assistance by the warden, has the powers of a warden. 22—Powers of wardens (1) If a warden suspects on reasonable grounds that an offence against this Act is being, or has been committed, the warden may— (a) enter and search any premises or vehicle connected with the suspected offence; (b) in order to exercise his or her powers under this section or under any other provision of this Act, give directions to a person in, or in charge of, a vehicle to stop the vehicle or to move it to a particular place; (ba) give directions to a person in, or in charge of, a vehicle in order to facilitate a search of the vehicle; (c) require the person suspected of having committed the offence to state his or her full name and usual place of residence; (ca) subject to subsection (1c), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile; (cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means; (d) if the suspect is on a reserve—order him or her off the reserve for a stated period (not exceeding 24 hours). (1a) Subject to subsection (1c), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (1)(ca) from the animal, carcass or egg. (1b) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1)(ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary. (1c) A warden cannot act under subsection (1)(ca) or make a requirement under subsection (1a) without the oral or written authority of the Director given by the Director personally. (2) If a warden suspects on reasonable grounds that a person is about to commit an offence against this Act the warden may require the person to state his or her full name and usual place of residence. (3) If a warden suspects on reasonable grounds that the name or place of residence stated pursuant to this section is false, the warden may require the person to produce evidence of his or her full name or usual place of residence. (4) A warden may— (a) enter and inspect premises— (i) on which a protected animal is kept; or (ii) on which some other activity is carried on in pursuance of a permit under this Act; (b) examine a protected animal kept on such premises; (c) require any person carrying on an activity for which a permit is required under this Act to produce the permit for the warden's inspection. (5) For the purpose of entering and searching premises or a vehicle, a warden may break into the premises or vehicle, or anything on the premises or in the vehicle, using so much force as is necessary for that purpose— (a) if authorised by warrant under subsection (6); or (b) if the warden has reason to believe that urgent action is necessary in the circumstances of the particular case. (6) A justice may, if satisfied on the application of a warden that there is proper ground for the issue of a warrant, issue a warrant authorising the warden to break into and search premises or a vehicle or anything on premises or in a vehicle. (7) A person who contravenes, or fails to comply with, a direction, requirement or order of a warden under this section is guilty of an offence. (8) A warden must not exercise a power under this Act in relation to a co‑managed park contrary to any provision relating to the exercise of the power contained in the co‑management agreement for the reserve. 23—Forfeiture (1) An object is liable to confiscation under this section if— (a) it has been used in the commission, or is likely to be used in the commission, of an offence against this Act; or (b) it furnishes evidence of the commission of an offence against this Act; or (c) where the object is an animal, carcass, egg or plant— (i) it has been taken in contravention of this Act; or (ii) it is, or has been, in the possession of a person in contravention of this Act. (2) A vehicle is liable to confiscation under subsection (1) only in relation to an offence that is punishable by imprisonment. (3) If a warden suspects on reasonable grounds that an object is liable to confiscation under this section, the warden may seize the object. (4) Where an object is seized under subsection (3), the following provisions apply: (a) if proceedings for an offence against this Act in relation to the object seized are not commenced within three months of the date of seizure, the object must be returned to the owner; (b) if such proceedings are commenced against the owner of the object within three months of the date of seizure and the owner is, in the course of those proceedings, convicted of such an offence— (i) the court may order that the object be forfeited to the Crown; and (ii) where the object is an animal, carcass, egg or plant and the prosecutor applies for its forfeiture—the court must order that the object be forfeited to the Crown; (c) the object must be returned to the owner of the object if— (i) in the circumstances referred to in paragraph (b), the owner is not convicted or the court does not make an order for forfeiture; or (ii) in any other circumstances, the object is no longer required to furnish evidence of the commission of an offence; (d) an object forfeited to the Crown may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5) Despite subsection (4)— (a) where a living animal is seized under this section, a warden may release it from captivity; (b) if the Minister is unable, after reasonable inquiry, to ascertain the whereabouts of a person to whom an object is to be returned under subsection (4), the object may be sold or disposed of as the Minister thinks fit and, if sold, the proceeds of sale must be paid into the Wildlife Conservation Fund. (5a) Despite subsection (4) where, in the opinion of the Minister, an animal, carcass, egg or plant confiscated under subsection (1)(c) will suffer a substantial loss in its value before the question of its forfeiture under this section can be determined, the Minister may sell the object (unless it is required for evidentiary purposes) and the proceeds of the sale will be dealt with under this section as if they were the object. convicted includes found guilty without a conviction being recorded; object includes— (a) an animal, carcass or egg; (b) a plant; (c) a vehicle; (d) a cage or container; (e) a firearm or device; (f) a poison or other substance; (g) a document or record; owner in relation to an object seized under this section means either or both of the following persons: (a) a person who has legal title to the object; (b) a person who was, immediately before seizure of the object, legally in possession or control of the object. 24—Hindering of wardens etc (1) A person must not hinder a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. (2) A person must not use abusive, threatening or insulting language to a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. (3) A person must not assault a warden, or a person assisting a warden, in the exercise of powers or functions under this Act. Maximum penalty: $5 000 or imprisonment for 2 years. 24A—Offences by wardens etc Subject to section 26A, a warden, or a person assisting a warden, who— (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence. 25—Power of arrest (1) A warden may, without warrant, arrest a person— (a) who fails to comply with a direction, requirement or order of a warden under this Act; or (b) who hinders a warden in the exercise of powers or functions under this Act. (2) Where a warden arrests a person under this section, the warden must, as soon as possible, take the person, or have the person taken, to the nearest police station at which facilities are continuously available for the care and custody of the person arrested. 26—False representation A person must not, by words or conduct, falsely represent that he or she is a warden. Maximum penalty: $2 000 or imprisonment for 3 months.

Part 3—Reserves and sanctuaries Division 1—National parks 27—Constitution of national parks by statute (1) The areas declared in Schedule 3 to be national parks are constituted national parks. (2) The names assigned in Schedule 3 to the national parks constituted under subsection (1) are, subject to this Division, the names of those national parks. (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name assigned to a national park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a national park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 28—Constitution of national parks by proclamation (a) constitute as a national park any specified Crown land, or specified Aboriginal‑owned land, the Governor considers to be of national significance by reason of the wildlife or natural features of that land; and (b) assign a name to a national park so constituted. (1a) A proclamation must not be made under subsection (1)— (a) constituting a national park of Aboriginal‑owned land unless a co‑management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (a) abolish a national park constituted under this section; or (b) alter the boundaries of a national park constituted under this section; or (c) alter the name of a national park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a national park except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a national park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 28A—Certain co‑managed national parks cease on termination of co‑management agreement (1) This section applies to a co‑managed national park comprised of Aboriginal‑owned land that was Aboriginal‑owned land before it was constituted a national park. (2) If the co‑management agreement for a national park to which this section applies is terminated— (a) the land ceases to be a national park; and (b) the Minister must cause notice of that fact to be published in the Gazette. Division 2—Conservation parks 29—Constitution of conservation parks by statute (1) The areas declared in Schedule 4 to be conservation parks are constituted conservation parks. (2) The names assigned in Schedule 4 to the conservation parks constituted under subsection (1) are, subject to this Division, the names of those conservation parks. (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name assigned to a conservation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. (6) A proclamation must not be made under subsection (3)(b) or (c) in relation to a conservation park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 30—Constitution of conservation parks by proclamation (a) constitute as a conservation park any specified Crown land, or specified Aboriginal‑owned land, that should, in the Governor's opinion, be protected or preserved for the purpose of conserving any wildlife or the natural or historic features of that land; and (b) assign a name to a conservation park so constituted. (1a) A proclamation must not be made under subsection (1)— (a) constituting a conservation park of Aboriginal‑owned land unless a co‑management agreement has been made for the park; or (b) assigning a name to such a park unless the name has been nominated by the registered proprietor of the land. (a) abolish a conservation park constituted under this section; or (b) alter the boundaries of a conservation park constituted under this section; or (c) alter the name of a conservation park constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a conservation park, except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed. (5) A proclamation must not be made under subsection (2)(b) or (c) in relation to a conservation park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 30A—Certain co‑managed conservation parks cease on termination of co‑management agreement (1) This section applies to a co‑managed conservation park comprised of Aboriginal‑owned land that was Aboriginal‑owned land before it was constituted a conservation park. (2) If the co‑management agreement for a conservation park to which this section applies is terminated— (a) the land ceases to be a conservation park; and (b) the Minister must cause notice of that fact to be published in the Gazette. Division 3—Game reserves 31—Constitution of game reserves by statute (1) The areas declared in Schedule 5 to be game reserves are constituted game reserves. (2) The names assigned in Schedule 5 to the game reserves constituted under subsection (1) are, subject to this Division, the names of those game reserves. (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name of a game reserve constituted under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a game reserve, except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. 32—Constitution of game reserves by proclamation (a) constitute as a game reserve any Crown land that should in the Governor's opinion be preserved for the conservation of wildlife and management of game; and (b) assign a name to a game reserve so constituted. (a) abolish a game reserve constituted under this section; or (b) alter the boundaries of a game reserve constituted under this section; or (c) alter the name assigned to a game reserve under this section.

Division 4—Recreation parks 33—Constitution of recreation parks by statute (1) The areas declared in Schedule 6 to be recreation parks are constituted recreation parks. (2) The names assigned in Schedule 6 to the recreation parks constituted under subsection (1) are, subject to this Division, the names of those recreation parks. (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park under this section. (4) A proclamation must not be made under subsection (3)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, the Para Wirra Recreation Park except in pursuance of a resolution passed by both Houses of Parliament. (5) Notice of a motion for a resolution under subsection (4) must be given at least 14 sitting days before the motion is passed. 34—Constitution of recreation parks by proclamation (a) constitute as a recreation park any specified Crown land that should in the Governor's opinion be conserved and managed for public recreation and enjoyment; and (b) assign a name to a recreation park so constituted. (a) abolish a recreation park constituted under this section; or (b) alter the boundaries of a recreation park constituted under this section; or (c) alter the name assigned to a recreation park constituted under this section.

Division 4A—Regional reserves 34A—Constitution of regional reserves by proclamation (a) constitute as a regional reserve any specified Crown land for the purpose of conserving any wildlife or the natural or historic features of that land while, at the same time, permitting the utilisation of the natural resources of that land; and (b) assign a name to a regional reserve so constituted. (a) abolish a regional reserve constituted under this section; or (b) alter the boundaries of a regional reserve constituted under this section; or (c) alter the name of a regional reserve constituted under this section. (3) A proclamation must not be made under subsection (2)(a) or (b) by virtue of which any land ceases to be, or ceases to be included in, a regional reserve except in pursuance of a resolution passed by both Houses of Parliament. (4) Notice of a motion for a resolution under subsection (3) must be given at least 14 sitting days before the motion is passed.

Division 4B—Native title 34B—Native title in relation to reserves (1) The constitution of a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made. (2) The addition of land to a reserve by proclamation under this Part on or after 1 January 1994 is subject to native title existing when the proclamation was made.

Division 5—Control and management of reserves 35—Control of reserves (1) Subject to Part 3A, the Minister has the control of all reserves, other than co‑managed parks, constituted under this Act. (2) All reserves, other than national parks or conservation parks constituted of Aboriginal‑owned land, are vested in the Crown. (2a) A co‑managed park is— (a) if there is a co‑management board for the park—under the control of the board, subject to Division 6A; or (b) in any other case—under the control of the Minister, subject to the provisions of the co‑management agreement for the park. (3) The relevant authority may enter into a lease with another person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the lease for a specified purpose or purposes. (4) The relevant authority may grant a licence to, or enter into an agreement with, a person authorising that person, or a person or persons authorised by that person, to enter and use a specified reserve pursuant to the licence or agreement for a specified purpose or purposes. (4a) A licence granted under this section cannot be transferred or otherwise dealt with without the consent of the relevant authority that granted the licence. (5) Subject to this section, a lease, licence or agreement referred to in subsection (3) or (4) will be subject to such terms, conditions and limitations (including the payment of a fee, a bond or other charge) as the relevant authority thinks fit. (5a) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area, the lease, licence or agreement must be consistent with the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. (5b) If a lease, licence or agreement referred to in subsection (3) or (4) relates to a reserve located wholly or partly within a River Murray Protection Area and is within a class of lease, licence or agreement prescribed by the regulations for the purposes of this provision (which classes may be prescribed so as to consist of applications for all such leases, licences or agreements), the Minister or the Director (as the case may be) must, before granting the lease or licence or entering into the agreement— (a) consult the Minister to whom the administration of the River Murray Act 2003 is committed; and (b) comply with the Minister's directions (if any) in relation to the lease, licence or agreement (including a direction that the lease or licence not be granted or the agreement not be entered into, or that if it is to be granted or entered into, then the lease, licence or agreement be subject to conditions specified by the Minister). (6) Any lease or licence entered into or granted in respect of land constituted as a reserve under this Act that was in force immediately before the land was so constituted continues, subject to its terms and conditions, in force for the remainder of its term as if it had been entered into by the relevant authority under this section. (7) The powers of the Minister under subsections (3), (4), (5) or (6) apply in relation to a co‑managed park for which there is not a co‑management board subject to the provisions of the co‑management agreement for the park. (8) In this section— (a) in relation to a co‑managed park for which there is a co‑management board—the co‑management board for the park; or 36—Management of reserves (1) Subject to this section, and to Part 3A, all reserves, other than co‑managed parks, are under the management of the Director. (2) A co‑managed park is— (a) if there is a co‑management board for the park—under the management of the board, subject to Division 6A and the provisions of the co‑management agreement; or (b) in any other case—under the management of the Director, subject to the provisions of the co‑management agreement for the park. (3) The Director must observe any direction of the Minister or the Chief Executive relating to the management of reserves generally or any particular reserve (provided that, in the case of a co‑managed park, the direction is consistent with the provisions of the co‑management agreement for the park). (4) If there is a co‑management board for the park, the board must comply with any provisions of the co‑management agreement relating to the management of the park. 37—Objectives of management (1) The Minister, the Chief Executive, the Director or a co‑management board must have regard to the following objectives in managing reserves: (a) the preservation and management of wildlife; and (b) the preservation of historic sites, objects and structures of historic or scientific interest within reserves; and (c) the preservation of features of geographical, natural or scenic interest; and (d) the destruction of dangerous weeds and the eradication or control of noxious weeds and exotic plants; and (e) the control of vermin and exotic animals; and (f) the control and eradication of disease of animals and vegetation; and (g) the prevention and suppression of bush fires and other hazards; and (h) the encouragement of public use and enjoyment of reserves and education in, and a proper understanding and recognition of, their purpose and significance; and (i) generally the promotion of the public interest; and (j) in relation to managing a regional reserve—to permit the utilisation of natural resources while conserving wildlife and the natural or historic features of the land; and (k) insofar as a reserve is located wholly or partly within the Murray‑Darling Basin, the promotion of the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and (l) the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within reserves. (2) The Minister, the Chief Executive and the Director must, in managing a reserve that is situated wholly or partly within the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005 (insofar as they may be relevant). 38—Management plans (1) The Minister must— (a) in the case of a reserve that is a co‑managed park—as soon as practicable after the making of the co‑management agreement for the reserve; or (b) in the case of any other reserve—as soon as practicable after the constitution of the reserve, prepare a plan of management in relation to the reserve. (1a) However, the Minister need not prepare a plan of management in relation to a reserve (whether or not the reserve is a co‑managed park) if a plan of management has been adopted under this section in relation to the reserve. (2) The Minister may, at any time, prepare an amendment to a plan of management, or prepare a plan of management to be substituted for a previous plan (and in a subsequent provision of this section, a reference to a plan of management includes a reference to such an amendment or plan to be substituted). (2a) A plan of management must be prepared— (a) after consultation with the State Planning Commission; and (b) having regard to any relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and (c) in the case of a co‑managed park— (i) if there is a co‑management board for the park—in collaboration with the board; and (ii) if there is a co‑management advisory committee for the park—after consultation with the co‑management advisory committee; and (iii) in any case—after consultation with the other party to the co‑management agreement for the park. (3) Where the Minister has prepared a plan of management in respect of a reserve, the Minister must state, by public notice prepared in accordance with subsection (5), that the plan of management has been prepared. (4) The plan of management must— (a) set forth proposals of the Minister in relation to the management and improvement of the reserve; and (b) set forth any other proposals by which the Minister proposes to accomplish the objectives of this Act in relation to the reserve. (4a) The plan of management in respect of a co‑managed park must deal with such matters and include such material as is required by regulation. (5) The notice must— (a) specify an address at which copies of the plan of management may be inspected; and (b) specify an address to which representations in connection with the plan of management may be forwarded. (6) Any person may within three months after publication of the notice, or such longer period as may be specified in the notice, make representations to the Minister in connection with the plan of management. (7) At the expiration of the period during which representations may be made, the Minister must refer the plan of management together with any representations to the Parks and Wilderness Council for its consideration and advice. (8) After consideration by the Council, the plan of management must be forwarded to the Minister together with any comments or suggestions of the Council. (9) The Minister may— (a) adopt a management plan— (i) without alteration; or (ii) with such alterations as the Minister thinks reasonable in view of the representations that were made; or (b) may refer the management plan back to the Council for further consideration. (9a) The Minister may not exercise a power of the Minister under subsection (9) in relation to a proposed plan of management for a co‑managed park except— (a) if there is a co‑management board for the park—with the agreement of the board; or (b) in any other case—after consultation with the co‑management advisory committee for the park. (10) When the Minister adopts a plan of management, notice of that fact must be published in the Gazette. (10a) A plan of management must not provide for the culling of protected animals from the reserve unless— (a) the Minister is of the opinion that the culling of those animals is the only practicable option for controlling an overpopulation of animals of that species in the reserve; and (b) the plan sets out the Minister's reasons for that opinion. (11) The Director must, upon the application of any member of the public and payment of the prescribed fee, furnish that person with a copy of a plan of management adopted under this section. 39—Creation of zones within a reserve (1) A management plan may provide for the division of a reserve into zones. (2) Where a zone is created within a reserve the land within that zone must be kept and maintained in accordance with the conditions, declared by the plan of management to be appropriate to that zone. 40—Implementation of management plan (1) Subject to subsection (2), where the Minister has adopted a plan of management in relation to a reserve— (a) the provisions of the plan must be carried out in relation to that reserve; and (b) operations must not be undertaken in relation to that reserve unless those operations are in accordance with the plan of management. (2) Where a mining tenement has been granted in relation to land that is, or has become, a regional reserve, the management of the reserve is subject to the exercise by the holder of the tenement of rights under the tenement. 40A—Agreement as to conditions (1) The Minister administering this Act and the relevant mining Minister may enter into an agreement with the holder of a mining tenement granted in relation to land that is, or has become, a regional reserve imposing conditions limiting or restricting the exercise of rights under the tenement by the holder of the tenement and by his or her successors in title. (2) If a person contravenes, or fails to comply with, a condition imposed by agreement under subsection (1) in relation to a mining tenement, the relevant mining Minister must, at the request of the Minister administering this Act, serve notice on the holder of the tenement requiring the holder to rectify the contravention or failure in the manner and within the period (which must not exceed three months) set out in the notice. (3) If the holder of a tenement on whom a notice has been served under subsection (2) fails to comply with the notice, the relevant mining Minister may cancel the tenement.

Division 6—Miscellaneous provisions relating to reserves 41—Approval of proposal for constitution of reserve (1) The Minister must— (a) submit any proposal to constitute, or alter the boundaries of, a reserve to the Minister administering the Crown Lands Act 1929 for approval; (b) submit any such proposal to each Minister administering a mining Act and consider the views of that Minister in relation to the proposal; (c) submit any such proposal in respect of a reserve that includes or is to include land within the Murray‑Darling Basin to the Minister to whom the administration of the River Murray Act 2003 is committed and consider the views of that Minister in relation to the proposal. (2) A proposal to constitute, or alter the boundaries of, a reserve that includes or is to include land that is vested in or is under the care, control and management of the Minister administering the Harbors and Navigation Act 1993 must be submitted to, and approved by, that Minister. (3) A proclamation for the purpose of constituting, or altering the boundaries of, a reserve must not be made without the approval or approvals required by this section. 41A—Alteration of boundaries of reserves (1) The Governor may, by proclamation made on the recommendation of the Minister, alter the boundaries of a reserve for the purpose of making, or allowing for the making of, minor alterations or additions to a public road that intersects, or is adjacent to, the reserve. (2) At least two months before making a recommendation to the Governor, the Minister must give public notice— (a) stating the place or places at which a plan showing the proposed alterations is available for inspection; and (b) inviting interested persons to make written submissions to the Minister in relation to the proposal. (3) The Minister must give consideration to any submissions made in response to an advertisement under subsection (2). (4) The Minister must not make a recommendation if the Minister is satisfied that the proposed alteration would— (a) significantly prejudice the fulfilment of the management objectives contained in section 37 as they relate to that reserve; or (b) be contrary to the plan of management prepared in accordance with section 38 in relation to that reserve. (5) No parliamentary resolution is required in relation to a proclamation under this section. (6) The Minister must, as soon as practicable after a proclamation has been made under subsection (1), cause a copy of the proclamation to be laid before each House of Parliament. 42—Prohibited areas (1) Where the Minister is satisfied that it is expedient for the purpose of protecting human life or conserving native plants or animals the Minister may, by notice published in the Gazette, declare any portion of the reserve to be a prohibited area. (1a) Except in an emergency, the Minister may only make a declaration under subsection (1) in relation to a co‑managed park— (a) if there is a co‑management board for the park—with the agreement of the board; or (b) in any other case—after consultation with the co‑management advisory committee for the park. (2) Any notice published under subsection (1) must state the grounds upon which the declaration is made. (3) A person must not be within a prohibited area unless authorised to enter the area by a permit issued by the Minister under this section. (4) The Minister may, on appropriate terms and conditions, issue to any person a permit to be within a prohibited area. (5) The Minister may, at the request of the co‑management board for a co‑managed park, exempt members of the relevant Aboriginal group from the restriction applying to a prohibited area within the co‑managed park under this section. 43—Rights of prospecting and mining (1) Subject to subsection (2), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a reserve. (1a) Subsection (1) does not apply to a regional reserve. (2) The Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a reserve or portion of a reserve, to which subsection (1) applies. (2a) A person must not contravene or fail to comply with a condition of a proclamation under this section. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (3) A proclamation under subsection (2) has effect in accordance with its terms. (4) The Governor may, by proclamation, vary or revoke a proclamation under subsection (2). (5) A proclamation under this section in respect of land constituting a national park, a conservation park or the Para Wirra Recreation Park (except a proclamation revoking a previous proclamation) must not be made unless— (a) the proclamation is made for the purpose of continuing rights of entry, prospecting, exploration or mining vested in any person immediately before the commencement of this Act in respect of that land; or (b) the proclamation is made simultaneously with the proclamation constituting that land a national park or a conservation park; or (c) the proclamation is made in pursuance of a resolution passed by both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed. (7) A proclamation must not be made under this section in relation to a co‑managed park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 43A—Prospecting and mining in regional reserves (1) The relevant mining Minister must not grant an application for a mining tenement in relation to a regional reserve without first submitting the application to the Minister administering this Act. (2) In the case of an application for a mining production tenement in relation to a regional reserve, the relevant mining Minister must not grant the application without the approval of the Minister administering this Act. (3) In the case of an application for any other kind of mining tenement in relation to a regional reserve the relevant mining Minister must not grant the application without considering the views of the Minister administering this Act. (4) If the Minister administering this Act refuses to give the approval required by subsection (2) the relevant mining Minister may refer the matter to the Governor and may, with the Governor's approval, grant the application. (5) The holder of a precious stones prospecting permit under the Opal Mining Act 1995 cannot peg out an area for a precious stones tenement on a regional reserve without the approval of the Minister administering this Act, or if the Minister refuses to give approval, without the approval of the Governor. (6) Subsection (2) does not apply to a petroleum production licence that the Minister administering the Cooper Basin (Ratification) Act 1975 is authorised to grant by section 9 of that Act. (7) A reference in this section to the relevant mining Minister in relation to the granting of a mining tenement is, if the mining Act under which the tenement is granted provides for it to be granted by any authority other than the relevant mining Minister, a reference to that authority. 43AB—Power to prohibit prospecting and mining in the Innamincka Regional Reserve (1) The Governor may, by proclamation, create a zone within the Innamincka Regional Reserve. (2) Rights of entry, prospecting, exploration or mining cannot be acquired or exercised pursuant to a mining Act in respect of land within a zone created under this section. (3) If or when a proclamation is made under subsection (1), the Governor cannot, by subsequent proclamation, expand the area within the zone, or create a second or subsequent zone. (4) However, the Governor may, by subsequent proclamation— (a) vary a proclamation made under subsection (1) to reduce the area of a zone; or (b) revoke a proclamation made under subsection (1). (5) A proclamation must not be made under subsection (4) except in pursuance of a resolution of both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5) must be given at least 14 sitting days before the motion is passed. 43AC—Ikara-Flinders Ranges National Park (1) The acquisition or exercise of relevant mining rights, or purported acquisition or exercise of such rights, in respect of the land constituting the Ikara‑Flinders Ranges National Park before the relevant day are declared, for the purposes of this Act and for the purposes of any other dealings with or in relation to those rights (including, for example, the imposition of a bond under the Mining Act 1971), to have been validly acquired or exercised and any such rights in existence immediately before the relevant day (including a right of renewal of relevant mining rights) may, despite section 43, continue to be exercised in respect of the prescribed land on and after that day. (2) Despite section 43, rights of entry, prospecting, exploration or mining may, with the approval of the Minister and the Mining Minister, be acquired pursuant to the Mining Act 1971 in respect of the prescribed land (including, for example, by the renewal of relevant mining rights) and may be exercised in respect of that land. (3) A person in whom rights are vested under the Mining Act 1971 in respect of the prescribed land must not carry out work in the exercise of those rights that has not previously been authorised unless the Minister and the Mining Minister have approved that work, and such an approval may be subject to such conditions as the Ministers may agree. (4) If the Minister and the Mining Minister cannot agree as to whether to give an approval under subsection (2) or (3), or impose conditions under subsection (3), the Governor may, with the advice and consent of the Executive Council, give an approval or impose conditions in writing under the relevant subsection. (5) Nothing in this section authorises or otherwise permits the acquisition or exercise of rights of entry, prospecting, exploration or mining in the Ikara-Flinders Ranges National Park after the commencement of this section other than those rights referred to in subsections (1) and (2). Mining Minister means the Minister responsible for the administration of the Mining Act 1971; prescribed land means the land that is, at the relevant day, subject to relevant mining rights; relevant day means the day of commencement of this section; relevant mining rights means the rights of entry, prospecting, exploration or mining provided for in Mining Lease 3413 and Mining Lease 3414 under the Mining Act 1971 and any mining tenement granted in connection with those leases. 43B—Entry onto reserves for purpose of investigation and survey (1) The Minister administering a mining Act or a person authorised by that Minister may enter onto any reserve for the purpose of a geological, geophysical or geochemical investigation or survey without the approval of the Minister administering this Act if the investigation or survey will not result in disturbance of the land. (2) A person who wishes to enter onto a reserve pursuant to subsection (1) must, before doing so, consult the Minister administering this Act. (3) This section does not apply to a zone created within the Innamincka Regional Reserve under section 43AB. 43C—Entrance fees etc for reserves (1) Fees for entrance to reserves, fees for camping in reserves, fees for an activity authorised by a permit or permission granted under the regulations and fees for the use of facilities and services provided in reserves may be fixed by the relevant authority with the approval of the Minister. (2) Where a fee fixed under subsection (1) is payable, or has been paid, the relevant authority may, if he or she thinks fit, waive or refund the whole or part of the fee. (a) in relation to a co‑managed park for which there is a co‑management board—the co‑management board for the park; or (b) in any other case—the Director.

Division 6A—Provisions relating to co‑managed parks

Subdivision 1—Preliminary 43D—Application This Division applies to a national park or conservation park, or proposed national park or conservation park, that is or is to be constituted of Aboriginal‑owned land or land with which an Aboriginal group or community has a traditional association. 43E—Objects (1) The principal object of this Division is to provide for effective co‑management of parks to which this Division applies by representatives of the relevant Aboriginal groups and the Minister, and, as far as practicable, to— (a) ensure the continued enjoyment of the parks by the relevant Aboriginal groups for cultural, spiritual and traditional uses; and (b) ensure the continued enjoyment of the parks by members of the public in a manner consistent with the co‑management agreements for the parks; and (c) ensure the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance within the parks; and (d) provide protection for the natural resources, wildlife, vegetation and other features of the parks. (2) The Minister must, in administering this Division, have regard to, and seek to further, the objects.

Subdivision 2—Co‑management agreements 43F—Co‑management agreement (1) The Minister may enter into a co‑management agreement for— (a) a national park or conservation park to be constituted of Aboriginal‑owned land; or (b) a national park or conservation park constituted of land with which an Aboriginal group or community has a traditional association. (1a) A co‑management agreement may relate to more than 1 national park or conservation park. (2) The parties to a co‑management agreement will consist of or include the Minister and— (a) in the case of a national park or conservation park to be constituted of Aboriginal‑owned land—the registered proprietor of the land, or the body in which the land is to be vested; or (b) in the case of a national park or conservation park constituted of Crown land—a body representing the interests of the relevant Aboriginal group. (2a) A co‑management agreement for a national park or conservation park must set out governance arrangements for the park as follows: (a) an agreement for a national park or conservation park constituted of, or to be constituted of, Aboriginal‑owned land must provide for a co‑management board for the park; (b) an agreement for a national park or conservation park constituted of Crown land must provide for— (i) a co‑management board for the park; or (ii) a committee (a co-management advisory committee) to advise the Minister and Director in relation to the park under this Act and as set out in the agreement (and such a committee may, for example, be a co‑management board or co‑management advisory committee having responsibility in relation to 1 or more other parks). (3) A co‑management agreement in relation to a co-managed park under this section may provide for— (a) if a co‑management board is to be established for the co‑managed park—the constitution of the board; and (b) if there is not to be a co‑management board for the co‑managed park—any limitations or conditions applying to the exercise of the Minister's or Director's powers in relation to the park and responsibilities to be assumed by or on behalf of the relevant Aboriginal group; and (ba) if there is to be a co‑management advisory committee for the co‑managed park—the constitution of the committee; and (c) preparation of a plan of management for the co‑managed park; and (d) measures related to the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance; and (e) implementation of the plan of management for the co‑managed park; and (f) funding arrangements relating to the management of the co‑managed park; and (g) the appointment of wardens; and (h) the exercising of powers by wardens in relation to members of the relevant Aboriginal group; and (i) employment of staff; and (j) dispute resolution; and (k) park entrance fees; and (l) access by members of the public to the co‑managed park; and (m) the taking of plants and animals by members of the relevant Aboriginal group; and (n) any other matter specified by the Minister. (4) A co‑management agreement may be varied in accordance with processes set out in the agreement. (5) The following provisions apply to the termination of a co‑management agreement or, in the case of a co‑management agreement that applies to more than 1 co‑managed park, the termination of the agreement insofar as it applies to a particular co‑managed park: (a) if the co‑management agreement applies to a co‑managed park constituted of Aboriginal‑owned land that was Aboriginal‑owned land before the park was constituted— (i) the agreement, insofar as it applies to that park, may be terminated unilaterally; and (ii) the agreement may specify a minimum period that must elapse before the agreement, insofar as it applies to that park, may be terminated; (b) if the co‑management agreement applies to a co‑managed park constituted of Aboriginal‑owned land that was Crown land before the co‑management agreement was made— (i) the agreement, insofar as it applies to that park, may only be terminated by agreement between the Minister and registered proprietor of the Aboriginal‑owned land; and (ii) the agreement may specify a minimum period that must elapse before the agreement, insofar as it applies to that park, may be terminated; (c) if the co‑management agreement applies to a co‑managed park constituted of Crown land—the agreement, insofar as it applies to that park, may only be terminated by the Minister by notice in writing to the other party to the agreement. (6) If a co‑management agreement is entered into or terminated under this section, the Minister must cause notice of that fact to be published in the Gazette. (7) The Minister must, on the application of a member of the public and payment of the prescribed fee, furnish the person with a copy of a co‑management agreement under this section.

Subdivision 3—Co‑management Boards 43G—Establishment of co‑management boards by regulation (1) The Governor may, by regulation, establish a co‑management board for 1 or more co-managed parks. (2) Subject to this section, regulations establishing a co‑management board— (a) must not be inconsistent with the co‑management agreement for each co‑managed park to be under the control and management of the board; and (b) must name the board; and (c) must provide for the appointment, term and conditions of office and removal of the members of the board; and (d) must provide for the procedures governing the board's proceedings; and (e) may limit the powers and functions of the board; and (f) may provide for delegation by the board; and (g) may provide for the remuneration of members; and (h) may require reporting by the board to the Minister; and (i) may make any other provision (not inconsistent with this Act) that is necessary or expedient for the purposes of this Act. (3) The regulations establishing a co‑management board for a co‑managed park constituted of Aboriginal‑owned land must (in addition to providing for the matters required under subsection (2)) provide for— (a) the co‑management board to have a majority of members who are members of the relevant Aboriginal group; and (b) the co‑management board to be chaired by a person nominated by the registered proprietor of the land constituting the co‑managed park; and (c) the quorum of the co‑management board to have a majority of members who are members of the relevant Aboriginal group. (4) If a co‑management board has been established but appointments of members to the board, at any time, are not sufficient for the board to constitute a quorum at a meeting of the board, the Director has the functions and powers of the board, subject to the regulations, until the relevant appointments are made. (5) If a regulation establishing a co‑management board for a co‑managed park is disallowed by either House of Parliament— (a) the Director will have the functions and powers of the board until a new board is established for the park; and (b) the assets and liabilities of the board will be dealt with in accordance with the directions of the Minister. 43H—Corporate nature of co‑management board (1) A co‑management board established under this Division— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) can sue and be sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this or any other Act. (2) If a document appears to bear the common seal of the co‑management board, it will be presumed, in the absence of proof to the contrary, that the common seal of the co‑management board was duly fixed to the document. 43I—Dissolution or suspension of co‑management boards (1) Subject to this section, the Governor may, by regulation, dissolve or suspend a co‑management board established under this Division. (2) A co‑management board must not be dissolved under this section unless— (a) each co‑managed park under the control and management of the board is abolished; or (b) the co‑management agreement for each co‑managed park under the control and management of the board is terminated. (3) A co-management board must not be suspended under this section unless the Minister is satisfied that such action is warranted due to continuing failure by the board properly to discharge its responsibilities. (4) On dissolution and during any suspension of a co‑management board under this section, any assets and liabilities of the board will be dealt with or disposed of in accordance with the directions of the Minister.

Subdivision 4—Miscellaneous 43J—Staff (1) The staffing arrangements for a co‑management board established under this Division will be determined or approved by the Minister after consultation with the relevant Aboriginal group. (2) Any staff under subsection (1) will be— (a) Public Service employees assigned to work with the co‑management board; or (b) if appointments have been made under subsection (3)—the persons holding those appointments. (3) A co‑management board established under this Division may, with the approval of the Minister— (a) appoint persons to the staff of the board; and (b) appoint persons to assist in the management of a co‑managed park. (4) A co‑management board established under this Division may, with the approval of the Minister administering an administrative unit of the Public Service, on terms and conditions mutually arranged, make use of the services of any officer, or use any facilities or equipment, of that unit. (5) A person employed under subsection (3) is not a Public Service employee. 43K—Accounts and audit (1) A co‑management board established under this Division must cause proper accounts to be kept of its financial affairs. (2) The Auditor-General may at any time, and must in respect of each financial year, audit the accounts of the co‑management board. 43L—Annual report (1) A co‑management board established under this Division must, on or before 30 September in each year, prepare and deliver to the Minister a report on its operations during the preceding financial year. (2) The report must include— (a) the audited accounts of the co‑management board; and (b) any other information required by or under the regulations. (3) The Minister must, within 6 sitting days after receiving a report, cause copies of the report to be laid before both Houses of Parliament.

Division 7—Sanctuaries 44—Establishment of sanctuaries (1) If the Minister is of the opinion that it is desirable to conserve the animals or plants for which any land is a natural habitat or environment and— (a) where the land is reserved for or dedicated to, a public purpose, the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or (b) where the land is private land, the owner and occupier of the land have consented to a declaration under this section, the Minister may, by notice in the Gazette, declare the land to be a sanctuary. (1a) The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made. (2) The Minister— (a) may revoke any declaration under this section; and (b) where private land constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary, must revoke the declaration under which that land is constituted a sanctuary. owner in relation to private land means— (a) in the case of private land that is held in fee simple—the holder of the estate in fee simple; or (b) in the case of private land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989—the lessee under that lease. (4) If, before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009— (a) a declaration was purportedly made under this section in relation to land subject to a lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989; and (b) the lessee under that lease consented to the making of the declaration, the declaration will not be taken to be invalid by reason only that the consent of the owner of the land (as defined under subsection (3) as in force before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009) was not obtained before the making of the declaration. 45—Protection of animals and plants in sanctuary (1) A person must not take an animal, or the eggs of an animal, or a native plant within a sanctuary except in pursuance of this section. In the case of an animal, or the eggs of an animal, or a native plant of an endangered species, $10 000 or imprisonment for 2 years. In the case of an animal, or the eggs of an animal, or a native plant of a vulnerable species, $7 500 or imprisonment for 18 months. In the case of an animal, or the eggs of an animal, or a native plant of a rare species, $5 000 or imprisonment for 12 months. (2) The Minister may, if satisfied that it is in the interests of conserving wildlife to do so, grant a permit authorising the holder of the permit to take animals, or the eggs of animals, or native plants within a sanctuary in accordance with the terms of the permit. (3) The owner of land constituting a sanctuary, or a person authorised by the owner, may take an animal, or the eggs of an animal that is not a protected animal in the sanctuary without a permit under subsection (2).

Part 3A—Development Trusts Division 1—Development Trusts 45A—Interpretation and application (1) In this Part— reserve means a park, reserve, wilderness protection area or wilderness protection zone and includes a part of a park, reserve, wilderness protection area or wilderness protection zone or any 2 or more parks, reserves, wilderness protection areas or wilderness protection zones; Trust means a development trust established under section 45B. (2) This Part does not apply to a co‑managed park constituted of Aboriginal‑owned land. 45B—Development Trusts (1) The Governor may, by proclamation, establish a Development Trust in respect of a reserve or reserves. (2) A proclamation under subsection (1) must— (a) designate the reserve, or reserves, in relation to which the Development Trust is to be created; (b) designate the Trust by a distinctive name; (c) fix the number of members of the Trust and the method by which they are appointed or elected; (d) fix the quorum for meetings of the Trust; (e) fix the terms and conditions upon which members of the Trust will hold office; (f) provide for the removal of members of the Trust from office and for the filling of vacant offices. (3) The Governor may, by further proclamation, vary any proclamation made under subsection (1). 45C—Trust to be body corporate (1) A Trust is a body corporate with perpetual succession and a common seal, and— (a) is capable of suing and being sued; and (b) is capable of holding, acquiring, dealing with and disposing of real and personal property; and (c) is capable of acquiring or incurring any other rights and liabilities; and (d) has the powers, rights, duties and functions conferred, imposed or prescribed by or under this Act or any other Act; and (e) holds its property on behalf of the Crown. (2) Where an apparently genuine document purports to bear the common seal of a Trust, it will be presumed in any legal proceedings, in the absence of proof to the contrary, that the common seal of that Trust has been duly affixed to that document. 45D—Appointment of members to a Trust (1) Upon the establishment of a Trust under this Act the members of the Trust must be appointed or elected, as the case may require, in accordance with the proclamation. (2) A member of a Trust is entitled to payment from the funds of the Trust of such remuneration, allowances and expenses as the Governor may determine. (3) An act or proceeding of a Trust is not invalid by reason of a vacancy in its membership or any defect in the appointment or election of a member. (4) No liability attaches to a member of a Trust for an act or omission by the member or the Trust in good faith and in the exercise or purported exercise of functions under this Act. (5) A member of a Trust who is an officer or employee of the Trust will not by reason of that fact be taken to have a financial or material interest in any matter or thing relating to rates of remuneration or other terms and conditions of employment of officers or employees of the Trust. 45E—Chairman and meetings of a Trust (1) The members of a Trust must elect one of their number to be presiding member of the Trust for such period as the Trust may determine. (2) The presiding member, if present at a meeting of the Trust, must preside at that meeting. (3) In the absence of the presiding member, the members present at a meeting must elect one of their number to preside at that meeting. (4) A decision carried by a majority of the votes cast by the members present at a meeting is a decision of the Trust. (5) The person presiding at a meeting of a Trust has, in the event of an equality of votes, a casting vote in addition to a deliberative vote. (6) Subject to this Act, a Trust may conduct its business in such manner as it thinks fit. 45F—Functions of Trust (1) A Trust has the functions assigned to it by the Minister relating to the reserve or reserves for which it is established, including the development of the reserve or reserves and the conservation of animals, native plants or ecosystems of the reserve or reserves. (2) A Trust has and may exercise all such powers as are necessary for or incidental to the performance of its functions. (2a) Without limiting subsection (2), a Trust may charge and recover such amounts as it thinks fit in respect of facilities and services provided to the public by the Trust. (2b) The Minister may direct that money payable under a lease, licence or agreement granted or entered into in relation to a reserve for which a Trust is responsible be paid to the Trust. (2c) A Trust may retain and apply money received by the Trust— (a) pursuant to subsection (2a) or (2b); or (b) being fees paid for entrance to the reserve or reserves in relation to which the Trust has been established (the Trust's reserves); or (c) being fees or other money paid for— (i) the use of the Trust's reserves; or (ii) the use of facilities or services provided by the Trust; or (ca) under the Wilderness Protection Act 1992; or (d) being money that it has borrowed with the approval of the Treasurer for the purposes of the Trust; or (e) as a donation or grant for the purposes of the Trust; or (f) as interest or accretions arising from investment of money held by the Trust, for the purpose of performing and discharging its functions and duties under this or any other Act without further appropriation by Parliament. (2d) A Trust must keep proper accounts of receipts and payments in relation to performing and discharging its functions and duties under this or any other Act and the Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Trust under this subsection. (3) In the exercise of its powers and the performance of its functions a Trust is, except where it is required to make a report to the Minister, subject to the general control and direction of the Minister. 45G—Trust may delegate (1) A Trust may delegate any of its powers, functions or duties to any committee appointed by the Trust, or to any member of the Trust or officer or employee of the Trust. (2) A delegation of powers, functions or duties by a Trust does not derogate from the power of the Trust to act itself in any matter and is revocable by the Trust at will. 45H—Staff of a Trust (1) A Trust may appoint, upon terms and conditions approved by the Minister, such officers and employees as it thinks necessary or desirable for the proper carrying out of the functions and duties of the Trust. (2) The employment of an officer or employee by a Trust will be taken, for the purposes of the Superannuation Act 1988, to be employment to which that Act applies. (3) Where a person becomes an officer or employee of a Trust, that person's existing and accruing rights in respect of recreation leave, sick leave and long service leave will, where employment by the trust follows immediately upon— (a) employment in the Public Service of the State; or (b) employment by another Trust; or (c) any other prescribed employment, continue in full force and effect as if that previous employment were employment with the Trust. 45I—Acquisition of land A Trust may, with the approval of the Minister, acquire land pursuant to a contract with the owner of the land or pursuant to the Land Acquisition Act 1969— (a) for the purposes of carrying out its functions; (b) without limiting paragraph (a)—for the purposes of a reserve or to enlarge or extend an existing reserve. 45J—Financial provisions (1) A Trust may, with the approval of the Treasurer, borrow money for the purpose of enabling it to perform and discharge its functions and duties under this or any other Act. (2) The Treasurer may, at his or her discretion, guarantee the discharge by a Trust of any liability incurred by it in respect of any loan under subsection (1). (3) The Treasurer may, without any authority other than this section, pay out of the Consolidated Account any money required for the purpose of discharging obligations arising by virtue of a guarantee given under this section. (4) A Trust may, with the approval of the Treasurer, invest any of the money of the Trust that is not for the time being required for the purposes of the Trust, in such investments as may be approved by the Treasurer. 45L—Dissolution of a Trust (1) The Governor may, by proclamation, dissolve a Trust. (2) Upon the dissolution of a Trust pursuant to subsection (1), the assets of the Trust will be disposed of and the liabilities of the Trust will be discharged in accordance with the directions of the Governor. Division 2—The General Reserves Fund 45M—Establishment of Fund (1) The General Reserves Trust Fund continues in existence as the General Reserves Fund. (2) The fund is under the management and control of the Minister. (3) The fund consists of— (a) money provided by Parliament for the purposes of the fund; and (b) fees paid for entrance to reserves other than reserves in relation to which a specific Trust has been established and determined that it is to retain such fees; and (c) money that— (i) is payable pursuant to a lease, licence or other agreement entered into by the Minister or Director under section 35 in relation to a reserve other than a reserve in relation to which a specific Trust has been established; and (ii) the Minister or Director has directed be paid into the fund; and (d) fees or other money not referred to in paragraph (c) paid for— (i) the use of a reserve other than a reserve in relation to which a specific Trust has been established; or (ii) the use of facilities or services provided on a reserve other than a reserve in relation to which a specific Trust has been established; and (da) money required to be paid into the Fund under the Wilderness Protection Act 1992; and (e) money borrowed by the Minister with the approval of the Treasurer for the purposes of the fund; and (f) any donation or grant made for the purposes of the fund; and (g) interest and accretions arising from investment of the fund. (4) The Minister may apply the fund— (a) for or in relation to the development and management of one or more reserves; and (b) in repayment of money borrowed by the Minister for the purposes of the fund and interest payable in respect of that money; and (c) for or in relation to the management and control of the fund. 45N—Investment of the fund The Minister may invest any of the money of the fund that is not immediately required for the purposes of the fund in such manner as is approved by the Treasurer. 45O—Accounts and auditing (1) The Minister must keep proper accounts of receipts and payments in relation to the fund. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts kept by the Minister under subsection (1).

Part 4—Conservation of native plants 46—Application of this Part (1) Subject to this section, this Part applies throughout the State. (2) The Governor may, by proclamation, declare that this Part, or any provisions of this Part specified in the proclamation, will not apply at any time or during periods specified in the proclamation— (a) within a part of the State specified in the proclamation; or (b) to a specified species of native plant; or (c) to a specified species of native plant in a specified part of the State, and the operation of this Part will be modified accordingly. (3) The Governor may, by proclamation, revoke or vary a proclamation under this section. 47—Unlawful taking of native plants (1) Subject to this Part, a person must not take a native plant— (a) on any reserve, wilderness protection area or wilderness protection zone; or (b) on any other Crown land; or (c) on any land reserved for or dedicated to public purposes; or (d) on any forest reserve. (2) A person must not take a native plant of a prescribed species on private land. (3) A person who contravenes subsection (1) or (2) is guilty of an offence. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. (4) A person must not take a native plant on private land without the consent of the owner of the land. (5) If in proceedings for an offence against this section it is proved that the defendant was found in possession of a native plant, it will be presumed, in the absence of proof to the contrary, that the defendant took the plant in contravention of this Act. (6) It is a defence to a charge of an offence against this section to prove that the act alleged against the defendant— (a) was neither intentional nor negligent; or (b) was done in pursuance of some statutory authority. 48—Unlawful disposal of native plants (1) A person must not sell or give away a native plant of a prescribed species. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. (2) It is a defence to a charge of an offence against this section to prove that the native plant was taken pursuant to a licence under the Forestry Act 1950. 48A—Illegal possession of native plants (1) A person must not have in his or her possession or control a native plant that has been illegally taken or acquired. In the case of a native plant of a rare species, $5 000 or imprisonment for 12 months. (2) For the purposes of this section, a native plant is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth. (3) In proceedings for an offence against this section the onus lies on the defendant to prove that the native plant was not taken or acquired illegally. 49—Permits (1) The Minister may grant a permit authorising— (a) the taking of native plants; or (b) the sale or gift of native plants, subject to the conditions of the permit. (2) No offence is committed by reason of the taking, or the sale, of native plants in accordance with a permit under this section. 49A—Permits for commercial purposes (1) The Minister may, by notice published in the Gazette and on a website determined by the Minister— (a) declare that this section applies to, and in relation to, a species of plant; and (b) vary or revoke a declaration referred to in paragraph (a). (2) Where this section applies to, and in relation to, a species of plant, the Minister must prepare draft recommendations in relation to the following matters: (a) the effect of taking individual plants for commercial purposes on the species and on the ecosystem of which the plants taken formed part; and (b) the need for research in relation to that species; and (c) the identification of plants and plant products; and (d) any other matters that should, in the opinion of the Minister be addressed, and must make the recommendations available to the public for at least three months for comment before adoption by the Minister. (3) Before adopting the draft recommendation, the Minister must have regard to comments (if any) made by members of the public and may, if the Minister thinks fit, vary the recommendations to take account of those comments. (4) Recommendations adopted by the Minister must be published in the Gazette and on a website determined by the Minister and may be revoked or varied by further recommendations prepared by the Minister in accordance with this section. (5) The taking and sale of plants of a species to which this section applies for commercial purposes pursuant to a permit under section 49 is subject to restrictions or conditions imposed from time to time by regulation or by the Minister when granting the permit. (6) Restrictions and conditions imposed by regulation must implement recommendations adopted by the Minister under this section in relation to the commercial taking and sale of plants of the species concerned. (7) Where a permit granted for commercial purposes relates to plants of a species to which this section applies and a royalty is payable under this Act in respect of the taking of plants of that species, the Minister may require the applicant to pay in advance an amount equal to the total amount of royalty that would be payable if all the plants that could be taken pursuant to the permit were taken.

Part 5—Conservation of native animals Division 1—Application of this Part 50—Application of this Part (1) Subject to this section, this Part applies throughout the State. (2) The Governor may, by proclamation, declare that this Part or any provisions of this Part specified in the proclamation do not apply— (a) within a part of the State defined or referred to in the proclamation; or (b) to a specified species of animal; or (c) to a specified species of animal in a specified part of the State. (3) The Governor may, by proclamation, revoke or vary any proclamation under this Part. Division 2—Restrictions upon the taking of protected animals 51—Taking of protected animals etc (1) Subject to this Part, a person must not take a protected animal or the eggs of a protected animal. In the case of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal), or the eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months. (2) In any prosecution under this section, it is a defence that the defendant did not wilfully or negligently commit the act subject to the charge. 52—Open season (1) The Minister may, by notice published in a newspaper circulating generally throughout the State, declare an open season for the taking of protected animals of a specified species. (2) A notice under this section— (a) must not relate to animals of an endangered species; and (b) does not apply in relation to animals within— (i) a reserve, other than a game reserve; or (ii) a wilderness protection area or wilderness protection zone; and (c) does not apply in relation to animals within a game reserve unless the notice expressly provides that the open season applies in relation to that reserve. (3) A notice under this section— (a) must state— (i) the period of the open season (including, if the Minister thinks fit, the hours of the day during which animals may be taken); and (ii) the parts of the State to which the open season applies; and (iii) whether eggs may be taken; and (b) may prescribe restrictions or conditions applicable to the open season; and (c) may be varied or revoked by the Minister by a subsequent notice published in a newspaper circulating generally throughout the State. (4) It is lawful to take a protected animal in accordance with a notice under this section. 53—Permits to take protected animals (1) The Minister may grant to any person a permit to take protected animals or the eggs of protected animals, if satisfied that it is desirable to grant the permit— (a) to facilitate scientific research; or (b) to enable the person to place bands, marks or tags upon such animals and then to release them; or (c) to permit the destruction or removal of animals that are causing, or are likely to cause, damage to the environment or to crops, stock or other property; or (d) for any other purpose (other than for sale) that the Minister considers proper and not inconsistent with the objectives of this Act. (2) A permit under this section remains in force for such term, not exceeding 12 months, as is specified in the permit. (3) The Minister may at any time revoke a permit granted under this section. (4) A person to whom a permit to take protected animals has been granted must, within 14 days after the expiration or revocation of the permit, deliver to the Minister a report in the prescribed form stating the number of animals of each species taken in pursuance of the permit and the number of eggs of any protected animal taken in pursuance of the permit. (5) Without limiting the conditions subject to which a permit may be granted under this section those conditions may— (a) limit the areas in which protected animals or the eggs of protected animals may be taken; and (b) limit the number of animals or eggs that may be taken in pursuance of the permit. (6) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay in advance an amount equal to the amount of royalty that would be payable in respect of all the animals in respect of which the permit is granted. 53A—Review by Tribunal (1) A person who has applied for a permit under section 53 may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Minister— (a) to refuse to grant the permit; or (b) to grant the permit subject to limitations, restrictions or conditions; or (c) as to the term of the permit; or (d) to revoke the permit. (2) Subject to subsection (4), an application must be made within 2 months after the applicant is notified by the Minister of the decision. (3) The Minister must, if required by the applicant for the review, state in writing the reasons for the decision. (4) If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 2 months of the making of the decision) requires the Minister to state the reasons in writing, the time for making an application to the Tribunal runs from the time at which that person receives the written statement of those reasons. (5) For the purposes of proceedings before the Tribunal under this section, a panel of assessors must be established under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 that consists of persons that have extensive experience in the following: (a) the conservation of animals, plants or other natural resources; (b) the conservation of ecosystems; (c) the management of natural resources; (d) primary production; (e) relevant fields of the biological sciences. (6) In any proceedings under this section, the Tribunal may, if the President so determines, sit with 1 or more assessors selected by the President from the panel referred to in subsection (5). (7) In this section— President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. 54—Dangerous magpies and poisonous reptiles (1) It is lawful for any person without any permit or other authority under this Act, to kill any Australian magpie that has attacked or is attacking any person. (2) It is lawful for any person without any permit or other authority under this Act, to kill any poisonous reptile that— (a) has attacked, is attacking or is likely to attack, any person; or (b) is in dangerous proximity to any person; or (c) is, or has been, in such proximity to a person as to cause reasonable anxiety to that person. Division 3—Release of protected animals 55—Restriction on release of protected animals A person must not release a protected animal or an animal of a species listed in Schedule 10 from captivity unless that person is authorised to do so by a permit granted by the Minister. Expiation fee: $210. Division 4—Prohibitions and restrictions upon the keeping of protected animals and certain dealings in protected animals 58—Keeping and sale of protected animals (1) Subject to this section, a person must not— (a) keep more than one animal that is a protected animal of a prescribed species; or (b) keep a protected animal of any other species, unless authorised to do so by permit granted by the Minister. (2) Subject to this section, a person must not— (a) have possession or control of more than five eggs that are the eggs of a protected animal of a prescribed species; or (b) have possession or control of the eggs of a protected animal of any other species, unless authorised to do so by permit granted by the Minister. (3) Subject to this section, a person must not sell or give away a protected animal or the carcass or eggs of a protected animal unless authorised to do so by permit granted by the Minister. (4) Subsections (1), (2) and (3) do not apply in relation to an animal, or the carcass or eggs of an animal, of a species that is excluded from the operation of those subsections by proclamation. (4a) A proclamation under subsection (4)— (a) may operate in relation to one or two or all of subsections (1), (2) and (3); (b) may operate differently in relation to different classes of persons or in relation to different circumstances specified in the proclamation; (c) is subject to such conditions or restrictions as are specified in the proclamation. (5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (4). (6) A permit granted by the Minister under this section does not apply in relation to an animal, or the carcass or eggs of an animal, taken illegally or brought into this State illegally. (7) The holder of a permit under this section must provide the Minister with such information as is required by regulation. (8) A person who keeps an animal, or has possession or control of the eggs of an animal, taken in pursuance of a permit granted by the Minister to take protected animals, or the eggs of protected animals, for scientific research does not contravene subsection (1). 58A—Restriction on keeping protected animals in certain areas A person must not keep a protected animal in an area declared by regulation to be a prohibited area in relation to animals of that species unless that person is authorised to do so by a permit granted by the Minister. 59—Export and import of protected animals and native plants (1) A person must not— (a) export— (i) a protected animal or the carcass or egg of a protected animal; or (ii) a native plant of a species prescribed by regulation, from a place within the State to a place outside the State except in pursuance of a permit granted under this section; or (b) import into the State— (i) a protected animal or the carcass or egg of a protected animal; or (ii) a native plant of a species prescribed by regulation, from a place outside the State except in pursuance of a permit granted under this section. Expiation fee: $200. (2) The Minister may grant to any person a permit to export from the State or import into the State a protected animal, or the carcass or eggs of a protected animal, of a species specified in the permit or a native plant of a species specified in the permit. to export in relation to an animal, carcass, egg or plant includes to remove the animal, carcass, egg or plant from the State for any reason; to import in relation to an animal, carcass, egg or plant includes to bring the animal, carcass, egg or plant into the State for any reason. 60—Illegal possession of animals etc (1) A person must not have in his or her possession or control— (a) an animal; or (b) the carcass of an animal; or (c) an egg, that has been illegally taken or acquired. In the case of a marine mammal or the carcass of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal, (not being a marine mammal), or the carcass or eggs of an animal, of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal), or the carcass or eggs of an animal, of a rare species—$5 000 or imprisonment for 12 months. (2) For the purposes of this section an animal, carcass or egg is illegally taken or acquired if taken or acquired contrary to this Act or any other Act or law of the State, or contrary to the law of another State or Territory of the Commonwealth. (3) In proceedings for an offence against this section the onus lies on the defendant to prove that the animal, carcass or egg was not taken or acquired illegally. Division 4A—Farming of protected animals 60B—Interpretation In this Division, unless the contrary intention appears— animal means— (a) a protected animal of a species named in Schedule 11; or (b) a protected animal of a species that is the subject of a declaration under section 60BA that is in force; the business of farming animals means the business of farming animals for one or both of the following purposes: (a) to produce carcasses, skins and other products upon slaughter of the animals; (b) to sell live animals or eggs to another person who carries on the business of farming animals of the same species; commercial farming of protected animals means the business of farming protected animals of a species named in Schedule 11; trial farming of protected animals means the business of farming protected animals of a species that is not named in Schedule 11 but that is the subject of a declaration under section 60BA that is in force. 60BA—Declaration of species for trial farming (1) The Governor may by regulation declare that a species of protected animal is a species for the purpose of trial farming under this Division. (2) The Minister must, by notice published in the Gazette, set out conditions to which a permit granted under this Division in relation to animals of the species referred to in a regulation under subsection (1) will be subject. (3) The notice must be published in the same issue of the Gazette as the regulation. (4) Subsection (2) does not limit the imposition of other conditions under section 60C(6). (5) A regulation under subsection (1) expires on the fourth anniversary of its commencement and cannot be remade in relation to the same species of animal. 60C—Permit for farming protected animals (1) The Minister may grant to a person a permit— (a) to take an animal or the eggs of an animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or (b) to keep an animal or to have possession or control of the eggs of an animal; or (c) to sell an animal or the carcass or eggs of an animal, in the course of carrying on the business of farming animals of that species. (2) A person is not entitled to carry on the commercial farming of protected animals pursuant to a permit granted under any other provision of this Act after the expiration of 12 months following the inclusion in Schedule 11 of the species to which the animals belong. (3) The Minister must not grant a permit under subsection (1) for the commercial farming of protected animals— (a) if a code of management has not been adopted by the Minister under this Division in respect of the species of animal to which the permit will relate; or (b) if the permit would, in the Minister's opinion, be seriously at variance with the code of management referred to in paragraph (a). (4) A permit for the trial farming of protected animals of a particular species expires at the expiration of the term for which it was granted or when the declaration under section 60BA in relation to that species expires whichever occurs first. (5) The Minister must not grant a permit under subsection (1) to take an animal or the eggs of an animal from the wild unless he or she is satisfied that the removal of animals or eggs pursuant to the permit is desirable in order to reduce or control a population of animals that is causing, or is likely to cause, damage to the environment or to crops, stock or other property. (6) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or by a notice under section 60BA or are prescribed from time to time by regulation. (7) An animal taken from the wild or an animal raised from an egg taken from the wild cannot be slaughtered or destroyed in any other manner pursuant to a permit granted under subsection (1) except— (a) as a last resort to terminate the animal's suffering; or (b) to prevent the spread of a disease with which the animal is infected. (8) A permit that enables the holder to take an animal or the eggs of an animal from the wild is subject to a condition requiring the holder within 14 days after taking animals or eggs pursuant to the permit to deliver to the Minister a report in the prescribed form stating the number of animals and eggs taken. (9) A permit granted under subsection (1) authorises— (a) the sale of eggs of the species to which the permit relates to a person who carries on the business of farming animals of that species; and (b) the sale of eggs of that species to any other person subject to the written approval of the Minister. (10) It is lawful to— (a) take a protected animal or the eggs of a protected animal from the wild or to slaughter or destroy in any other manner an animal in captivity; or (b) keep a protected animal or to have possession or control of the eggs of a protected animal; or (c) sell a protected animal or the carcass or eggs of a protected animal, pursuant to a permit granted under subsection (1). 60D—Code of management (1) The Minister must prepare a draft code of management in respect of each species of animal named in Schedule 11. (1a) The Minister may prepare a draft code of management in respect of a species of animal that has been declared to be a species for the purpose of trial farming under this Division. (2) A draft code must address the following matters: (a) the effect of taking individual animals or eggs from the wild on the species concerned and on the ecosystem of which they formed part; and (b) the welfare of the animals in captivity; and (c) the need for research in relation to farming the species concerned; and (d) the identification of animals and animal products; and (e) any other matters that should, in the opinion of the Minister, be addressed. (3) A draft code may incorporate the whole or part of the Australian Model Code of Practice for the time being applicable to the welfare of the species to which the draft code relates by reference to the model code or to the relevant parts of it. (4) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft code of management for comment. (5) The Minister must, by public notice— (a) state the place or places at which copies of the draft code can be inspected or purchased; and (b) invite interested persons to provide the Minister with written comments in relation to the draft code. (5a) A draft code must be made available for public comment for at least three months before adoption by the Minister. (6) Before adopting a draft code of management the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft code to take account of those comments. (7) A code of management adopted by the Minister must be published in the Gazette and public notice must be given stating the place or places at which copies of the code may be inspected or purchased. (8) A code of management may be replaced or varied by a further code prepared and adopted by the Minister in accordance with this section. (9) If a draft code of management has been prepared under subsection (1a) and made available to the public for comment within 12 months before the species to which the code relates is named in Schedule 11, the draft code will be taken to have been drafted and made available to the public after the species was named in Schedule 11. 60E—Royalty (1) Where royalty is payable under this Act in respect of a species to which a permit granted under this Division applies, royalty is payable— (a) in respect of an animal or the eggs of an animal of that species taken from the wild pursuant to the permit; and (b) in respect of an animal of that species slaughtered in captivity pursuant to the permit. (2) Where a permit relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be taken or slaughtered, and all the eggs that could be taken, pursuant to the permit were taken or slaughtered. 60F—Application of fees and royalty (1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals or eggs to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund— (a) in payment of the costs of administering this Division; and (b) for the benefit of the industry of farming the species of animal to which the permits relate; and (c) for research into the impact upon the species of animal to which the permits relate of the taking of animals and eggs from the wild pursuant to those permits. (2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits. Division 4B—Harvesting of protected animals 60G—Application of Division (1) The Minister may, by notice published in the Gazette, declare that this Division applies to, and in relation to, animals of one or more of the following species: (a) red kangaroo—macropus rufus; (b) western grey kangaroo—macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—macropus robustus. (2) The Minister may, by subsequent notice published in the Gazette, vary or revoke a notice under subsection (1). (3) The Governor may, by regulation made on the recommendation of the Minister, declare that this Division applies to, and in relation to, protected animals of a species (not being a species referred to in subsection (1)) named in the regulation. (4) The Minister must not make a recommendation under subsection (3) unless he or she is satisfied that there is sufficient scientific knowledge available in relation to the species concerned to enable the matters referred to in section 60I(2)(a), (b), (c) and (d) to be addressed adequately. 60H—Interpretation In this Division, unless the contrary intention appears— harvesting of a protected animal means— (a) to kill the protected animal in the wild; or (b) to capture the protected animal from the wild and then kill it, in order to sell the carcass of the animal or to use it for any other purpose. 60I—Plan of management (1) The Minister must prepare a draft plan of management in relation to the harvesting of each species of protected animal to which this Division applies. (2) The draft plan must— (a) assess the likely impact of harvesting animals of that species— (i) on the species concerned; and (ii) on the ecosystems which animals of that species form part; and (iii) on the diversity of the species of animals and plants comprising those ecosystems; and (iv) on the ability of the species to maintain natural genetic diversity throughout its population; and (b) identify factors that are likely to reduce or increase the number of animals of the species to be harvested; and (c) identify any other factors that will affect the species as a renewable resource for the purposes of harvesting in the future; and (d) assess whether there is a need to reduce the number of animals of the species to protect the environment, crops, stock or other property; and (e) specify humane methods and procedures for the killing, capturing and killing and treatment after capture of animals pursuant to a permit under this Division; and (f) address any other matters that should, in the opinion of the Minister, be addressed. (3) The Minister must provide the Minister administering the Livestock Act 1997 with a copy of the draft plan of management for comment. (4) The Minister must, by public notice— (a) state the place or places at which copies of the draft plan can be inspected or purchased; and (b) invite interested persons to provide the Minister with written comments in relation to the draft plan. (5) A draft plan must be made available for public comment for at least three months before adoption by the Minister. (6) Before adopting a draft plan the Minister must have regard to comments (if any) made by the Minister administering the Livestock Act 1997 or by members of the public and may, if the Minister thinks fit, vary the draft plan to take account of those comments. (7) The Minister must, by public notice, state that a plan of management has been adopted under this section. (7a) A notice under subsection (7) must state the place or places at which copies of the plan may be inspected or purchased. (8) A plan of management may be replaced or varied by a further plan prepared and adopted by the Minister in accordance with this section. 60J—Permit for harvesting protected animals (1) If a plan of management has been adopted by the Minister under this Division in relation to a species of protected animal, the Minister may grant a permit to a person to harvest animals of that species and to sell or use the carcasses of the animals that have been harvested. (2) The Minister must not grant a permit under subsection (1) to take animals on a reserve except animals of the following species— (a) red kangaroo—macropus rufus; (b) western grey kangaroo—macropus fuliginosus melanops; (c) euro (wallaroo) (hill kangaroo)—macropus robustus, and then only if— (d) the Minister has adopted a plan of management under section 38 in relation to the reserve; and (e) the plan of management provides for the culling of animals of the species to which the permit relates in order to preserve animal or plant habitats or wildlife; and (f) the permit only authorises the harvesting of animals that would otherwise be culled from the reserve pursuant to the plan of management. (3) The Minister must not grant a permit under subsection (1) unless he or she is satisfied that the taking of animals of the species concerned pursuant to the permit and all other permits granted under this section or under some other section of this Act— (a) will not adversely affect the ecosystems which animals of that species form part or the diversity of the species of animals and plants comprising those ecosystems; and (b) will not adversely affect the species as a renewable resource for harvesting in the future. (4) A permit granted under subsection (1) is subject to such limitations, restrictions or conditions as are imposed by this section or by the Minister under section 69 or are prescribed from time to time by regulation. (5) A permit granted under subsection (1) is subject to a condition requiring the holder of the permit to use the methods and observe the procedures set out in the management plan for the killing, the capture and killing and the treatment after capture, of animals of the species to which the permit relates. (6) It is lawful to— (a) harvest protected animals; and (b) sell, use or give away the carcass of a protected animal, pursuant to a permit granted under subsection (1). 60K—Royalty Where a permit under this Division relates to animals in respect of which a royalty is payable under this Act, the Minister may require the applicant to pay (when the permit is granted or at any later time) an amount equal to the total amount of royalty that would be payable if all the animals that could be harvested pursuant to the permit were harvested. 60L—Application of fees and royalty (1) Fees paid in respect of permits granted under this Division and royalty paid under this Act in respect of animals to which those permits relate must be paid into the Wildlife Conservation Fund and must be applied from the Fund— (a) in payment of the costs of administering this Division; and (b) for research into the impact on the species of animals to which the permits relate of the harvesting of animals pursuant to those permits. (2) The fees fixed by regulation in respect of permits granted under this Division may exceed the Minister's costs in granting the permits and administering this Division in relation to the permits. Division 5—Royalty 61—Royalty (1) The Governor may, by regulation, declare that royalty is payable to the Wildlife Conservation Fund— (a) on an animal specified in the regulation; or (b) on the carcass or skin of an animal specified in the regulation; or (c) on any egg of an animal specified in the regulation; or (d) on a native plant specified in the regulation, by any person by whom any such animal, carcass, skin, egg or plant is taken. (2) An animal, or the carcass, skin or egg of an animal or a native plant may be specified in a regulation under subsection (1) by reference to the species of the animal or plant or by reference to any other class to which the animal or plant belongs. (3) The amount of royalty fixed by a regulation may vary according to— (a) the species or other class to which the animal or plant belongs; or (b) the size, age, quality, standard or condition of the animal, carcass, skin, egg or plant; or (c) a combination of the factors referred to in paragraphs (a) and (b). (4) Without limiting any other provision of this section, a regulation under this section may provide that it applies only in respect of an animal, or the carcass, skin or egg of an animal, taken in a game reserve. 62—Demand for royalty (1) The Director or a warden may demand orally or in writing that any person pay to the Director all royalty for which that person is liable under this Act. (2) A person who fails to comply with a demand under subsection (1) within 48 hours of the demand is guilty of an offence. (3) In any proceedings under this section the court may order the defendant to pay to the Director any amount fixed by the court by way of royalty under this Act. (4) Where a person fails to comply with a demand under subsection (1), the Director or a warden may seize any animals, carcasses, skins, eggs or plants upon which royalty is unpaid. (5) The Minister may sell any animals, carcasses, skins, eggs or plants seized under this section and must apply any proceeds of the sale in payment of the unpaid royalty and any amount remaining to the owner of the animals, carcasses, skins, eggs or plants. 63—Recovery of royalty by civil action (1) The Minister may, by action in any court of competent jurisdiction, recover, as a debt, from any person an amount of royalty for which that person is liable under this Act. (2) This section does not derogate from any other remedy available to the Minister for the recovery of royalty. Division 6—General provisions 64—Unlawful entry on land (1) A person must not be on any land for the purpose of taking a protected animal, or the eggs of a protected animal, unless the owner of that land has given that person, not more than six months beforehand, permission in writing to be on the land for that purpose. (2) If the owner or occupier of any land, or the servant or agent of the owner of the land, suspects that a person trespassing on the land is committing, has committed, or is about to commit an offence against this Act, he or she may request the trespasser— (a) to state the trespasser's full name and usual place of residence; and (b) to leave the land. (3) A person of whom a request is made under subsection (2) must comply with it forthwith. (4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner. (5) In proceedings for an offence against this section, proof that a person has possession or control of a dog, firearm or device capable of being used for taking a protected animal is evidence that that person was on the land for the purpose of taking a protected animal. owner means— (a) in relation to private land, the owner of the land; and (b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and (c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister. 65—Use of poison (1) A person who, without a permit granted by the Minister, uses poison for the purpose of taking a protected animal is guilty of an offence. (2) If a protected animal is taken as a result of the use of poison by a person without a permit granted by the Minister, that person is guilty of an offence. (3) It is a defence to a charge under subsection (2) that the defendant— (a) used the poison in good faith for the purpose of destroying vermin under the Landscape South Australia Act 2019; and (b) exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid endangering protected animals by the use of poison. (4) In this section— poison means any substance that might endanger the life or health of a protected animal. 66—Restriction on use of certain devices (1) The Governor may, by proclamation, restrict or prohibit the use of firearms or devices of a specified class for the taking of particular species of animals or for the taking of animals generally. (2) A person who contravenes a restriction or prohibition imposed under subsection (1) is guilty of an offence. 67—Devices for the illegal taking of animals (1) A warden may dismantle and remove any device by which animals have been taken illegally or by which animals are in the warden's opinion likely to be taken illegally. (2) Any device removed by a warden pursuant to this section is forfeited to the Crown and may be sold or otherwise disposed of by the Director. 68—Molestation etc of protected animals (1) A person must not— (a) interfere with, harass or molest, or cause or permit the interference with, harassment or molestation of, a protected animal; or (b) undertake or continue an act or activity that is, or is likely to be, detrimental to the welfare of a protected animal after being directed by a warden not to undertake, or to stop, that act or activity; or (c) undertake or continue an act or activity in relation to a protected animal that is contrary to regulations promulgated under this section, unless he or she acts in pursuance of this Act or a permit granted by the Minister under this section or another provision of this Act or in pursuance of some other Act or statutory instrument. In the case of a marine mammal—$100 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal) of an endangered species—$10 000 or imprisonment for 2 years. In the case of an animal (not being a marine mammal) of a vulnerable species—$7 500 or imprisonment for 18 months. In the case of an animal (not being a marine mammal) of a rare species—$5 000 or imprisonment for 12 months. (2) The Minister may grant a permit to a person to undertake an act or activity that would otherwise contravene paragraph (a), (b) or (c) of subsection (1). (3) It is a defence to a charge of an offence against subsection (1)(a) to prove— (a) that the defendant acted in the best interests of the animal concerned; or (b) that the defendant acted reasonably to frighten the animal in order to protect himself or herself or another person or to protect— (i) property comprising plants cultivated for commercial or other purposes or animals; or (ii) property of any other kind. 68AA—Prohibition on destroying, damaging or disturbing wombat burrow (1) Subject to subsection (3), a person must not, without a permit granted by the Minister, destroy, damage or disturb the burrow of a wombat. Maximum penalty: $5 000 or imprisonment for 12 months. (2) It is a defence to a charge of an offence against subsection (1) for the defendant to prove that the defendant exercised such precautions as the defendant might reasonably be expected to have exercised in the circumstances to avoid destroying, damaging or disturbing the burrow. (3) A person does not require a permit under subsection (1) if— (a) the burrow is outside a Wombat Burrow Protection Zone; and (b) the person is— (i) the owner of the land where the burrow is located; or (ii) authorised to destroy, damage or disturb (as the case requires) the burrow by the owner of the land where the burrow is located; and (c) the burrow is causing, or is likely to cause, damage to crops, stock, machinery or infrastructure (including tracks and built structures) or may constitute a safety risk or hazard to people. (4) Where a permit is granted for the purposes of this section, no further authorisation or permission for the destruction, damage or disturbance of the burrow is required pursuant to any other Act or law. (5) This section is in addition to, and does not derogate from, any other provision of this Act or any other Act or law relating to the taking or harming of, or interference with, animals. wombat means an animal of the species Vombatus ursinus or Lasiorhinus latifrons; Wombat Burrow Protection Zone means an area declared by the Minister by notice in the Gazette to be a Wombat Burrow Protection Zone for the purposes of this section.

Part 5A—Hunting Division 1—Hunting generally 68A—Hunting permits (1) Except as provided in subsection (5), a person must not hunt, or have possession of any firearm or device for the purpose of hunting, unless that person holds a permit under this section. (2) The Minister may grant to any person a permit under this section. (3) A permit under this section cannot authorise hunting within the Adelaide Dolphin Sanctuary or the possession by any person, while in that Sanctuary, of a firearm or other device for the purpose of hunting. (4) Where it is proved, in any proceedings for an offence against this section, that the defendant had possession of any firearm or device capable of being used for the purpose of hunting in circumstances that lead to a reasonable suspicion that the defendant had the firearm or device for that purpose, it will be presumed, in the absence of proof to the contrary, that the defendant had possession of that firearm or device for the purpose of hunting. (5) No permit is required under this section for the purpose of— (a) the destruction of animals that are endangering human life; or (b) the destruction of animals (other than protected animals) by the owner of any land, a member of his or her household, or an employee or agent of the owner, that are causing damage to crops, stock or other property on the land; or (c) the taking of an animal in pursuance of any other permit under this Act. 68B—Unlawful entry on land (1) A person must not be on land for the purpose of hunting unless the owner of the land has given that person, within the preceding six months, permission in writing to be on the land for that purpose. (2) If the owner of land reasonably suspects that a person has committed or is about to commit an offence against this Act on the land, the owner may request the person— (a) to state his or her full name and usual place of residence; and (b) to leave the land. (3) A person of whom a request is made under subsection (2) must comply with it forthwith. (4) A person who has been requested to leave land under this section must not re-enter the land without the permission of the owner. (5) Where it is proved, in proceedings for an offence against subsection (1), that, while on the land, the defendant had possession or control of an animal, firearm, device, poison or bait capable of being used for hunting it will be presumed, in the absence of proof to the contrary, that the person was on the land for the purpose of hunting. owner means— (a) in relation to private land, the owner of the land; and (b) in relation to land held by a Minister, agent or instrumentality of the Crown, that Minister, agent or instrumentality or a person authorised by the Minister, agent or instrumentality; and (c) in relation to unalienated land of the Crown, the Minister administering the Crown Lands Act 1929 or a person authorised by that Minister. Division 2—Hunting and food gathering by Aboriginal persons 68C—Interpretation (2) This Division does not apply to the taking of— (a) an animal, or the eggs of an animal, of a prescribed species or a plant of a prescribed species; or (b) an animal, egg or plant by a prescribed means or in prescribed circumstances. 68D—Hunting and food gathering by Aboriginal persons (1) It is not illegal by virtue of section 47(1) or (2) for an Aboriginal person to take a native plant in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone. (2) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, in pursuance of this Division from land that is not a reserve or a wilderness protection area or wilderness protection zone. (3) It is not illegal by virtue of section 47(1) for an Aboriginal person to take a native plant from a reserve (other than a co‑managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the native plant is taken in accordance with a proclamation permitting the taking of the plant from the reserve or wilderness protection area or wilderness protection zone. (4) It is not illegal by virtue of section 51 for an Aboriginal person to take a protected animal, or the eggs of a protected animal, from a reserve (other than a co‑managed park) or from a wilderness protection area or a wilderness protection zone in pursuance of this Division if the animal or eggs are taken in accordance with a proclamation permitting the taking of the animal or eggs from the reserve or wilderness protection area or wilderness protection zone. (5) The Governor may, by proclamation, vary or revoke a proclamation referred to in subsection (3) or (4). (5a) It is not illegal by virtue of section 47(1) or 51 for an Aboriginal person who is a member of the relevant Aboriginal group to take a native plant, protected animal or the eggs of a protected animal in pursuance of this Division from a co‑managed park if the native plant, protected animal or eggs are taken— (a) if there is a co‑management board for the park—in accordance with a permission granted by the board (which may be general or specific and conditional or unconditional); or (b) in accordance with the provisions of the co‑management agreement for the park. (6) An animal, egg or plant is taken in pursuance of this Division if it is taken— (a) for food for the person who takes it or for his or her dependants; or (b) solely for cultural purposes of Aboriginal origin. 68E—Exemption from requirement to hold hunting permit An Aboriginal person is not required to hold a permit under section 68A in relation to hunting if the animal hunted will be used— (a) as food for the hunter or for his or her dependants; or (b) solely for cultural purposes of Aboriginal origin.