National Parks and Wildlife Act 1974
81Operations under plan of management
Start here
Get a plain-English read of 81
Turn the raw legal text into a practical explanation grounded in National Parks and Wildlife Act 1974.
81 Operations under plan of management
81 Operations under plan of management
(1) Where the Minister has adopted a plan of management for a national park, historic site, nature reserve, karst conservation reserve, Aboriginal area or wildlife refuge, it shall, subject to subsections (5) and (6), be carried out and given effect to by the Secretary.
(2) Where the Minister has adopted a plan of management for a conservation area, it shall be carried out and given effect to by the Secretary, the owner (within the meaning of Division 7 of Part 4) of the area and any successors in title (within the meaning of section 69E) to the owner.
(3) Where the Minister has adopted a plan of management for a State forest, it shall be carried out and given effect to by the Secretary by arrangement with the Forestry Corporation.
(3A) If the Minister has adopted a plan of management for a state conservation area or a regional park, it is to be carried out and given effect to—
(a) by the Secretary, or
(b) by the relevant state conservation area trust or regional park, trust, or
(c) by the local council (if any) that has the care, control and management of the regional park.
(4) Subject to subsection (4A), despite anything in this or another Act or in an instrument made under this or another Act, if the Minister has adopted a plan of management under this Part, no operations may be undertaken in relation to the lands to which the plan relates unless the operations are in accordance with the plan.
(4A) Subsection (4) does not prevail over section 153G(5) or 185A.
(5) Where any lands to which a plan of management relates are—
(a) lands acquired or proposed to be acquired under Part 11 for any purpose referred to in section 145—operations under the plan shall not be undertaken on or in relation to the lands until they have been reserved as, or as part of, the park, site or reserve, as the case may require, to which the plan relates, or
(b) lands proposed to be acquired or occupied under Part 11 for any purpose referred to in section 146—operations under the plan shall not be undertaken on or in relation to the lands until they have been so acquired or occupied.