Div 5Control and management of reserves

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.