Div 1General administrative powers

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.