11Plans of management

##### 11 Plans of management (1) Subject to subsection (2), as soon as practicable after a park or reserve has been declared, the Director shall prepare a plan of management in respect of that park or reserve. (2) Where a Board is established under Part IIA for a prescribed park or reserve, the Board, in conjunction with the Director, shall, as soon as practicable after the Board is established, prepare a plan of management in respect of that park or reserve unless, at the time when the Board is established, there is already a plan of management in force in respect of that park or reserve. (2A) Before a plan of management is prepared in respect of a park or reserve, the Director shall, by public notice: (a) state that a plan of management is to be prepared in respect of that park or reserve; (b) invite interested persons to make representations in connection with the proposed plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice; and (c) specify an address to which such representations may be forwarded; and, in the case of a plan of management in respect of a park or reserve wholly or partly within a prescribed area, shall serve a copy of the notice on the relevant Chairperson. (3) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the proposed plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made. (5) The plan of management may include provisions in relation to an area that is proposed to be added to the park or reserve, but those provisions shall not have effect until the area is added to the park or reserve. (6) The plan of management shall set out a description of the manner in which it is proposed to manage the park or reserve and shall include: (a) a description of any existing or proposed buildings, structures, facilities or other development; and (b) a description of any operations for the recovery of minerals, or excavation, works or other operations, that may be carried on; in the park or reserve. (7) Where a plan of management provides for operations for the recovery of minerals or for excavation or other works, the plan shall set out any conditions that are to be applicable. (8) In the preparation of the plan of management, regard shall be had to the following objects: (a) in the case of a park—the encouragement and regulation of the appropriate use, appreciation and enjoyment of the park by the public; (b) in the case of a reserve—the regulation of the use of the reserve for the purpose for which it was declared; (ba) in the case of a park or reserve wholly or partly within the Region—the interests of the traditional Aboriginal owners of, and of other Aboriginals interested in, so much of the land within the park or reserve as is within the Region; (bb) in the case of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the interests of the traditional Aboriginal owners of the land; (c) the preservation of the park or reserve in its natural condition and the protection of its special features, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest; (ca) in the case of a park or reserve managed as a botanic garden—the increase of knowledge, appreciation and enjoyment of Australia’s plant heritage by establishing, as an integrated resource, a collection of living and herbarium specimens of Australian and related plants for study, interpretation, conservation and display; (d) the protection, conservation and management of wildlife within the park or reserve; and (e) the protection of the park or reserve against damage. (9) The plan of management may provide for the division of the park or reserve into zones and set out the conditions under which each zone shall be kept and maintained. (10) When the plan of management has been prepared, the Director shall, by public notice: (a) state that the plan has been prepared; (b) invite interested persons to make representations in connexion with the plan by such date, not being less than 1 month after the date of publication of the notice in the Gazette, as is specified in the notice; (c) specify an address or addresses at which copies of the plan may be inspected or purchased; and (d) specify an address to which representations in connexion with the plan may be forwarded. (10A) If the plan of management mentioned in subsection (10) is in respect of a park or reserve wholly or partly within the Northern Territory, the Minister must, at least 14 days before the date of publication of the notice in the Gazette, serve a copy of the plan and notice: (a) on the Conservation Commission; and (b) if the park or reserve is also wholly or partly within a prescribed area—on the relevant Chairperson. (10B) If the plan of management mentioned in subsection (10) is in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must, at least 14 days before the date of publication of the notice in the Gazette, serve a copy of the plan and notice on the Chairperson of the Wreck Bay Aboriginal Community Council. (11) A person (including the Conservation Commission, the Chairperson of an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 or the Chairperson of the Wreck Bay Aboriginal Community Council) may, not later than the date specified in the notice, make representations to the Director in connexion with the plan of management, and the Director, or the Director together with the Board, as the case requires, shall give due consideration to any representations so made and, if the Director thinks fit, or the Director and the Board think fit, as the case requires, alter the plan accordingly. (11A) Where the Director and the Board are unable to agree on: (a) the preparation under subsection (2) of a plan of management in respect of that park or reserve; (b) the alteration or alterations to be made under subsection (11) to the plan of management in respect of that park or reserve; or (c) the submission of the plan of management to the Minister under subsection (12); the Director and the Board shall advise the Minister accordingly. (11B) Where the Minister is advised under subsection (11A) of a disagreement between the Director and the Board, the Minister shall take such steps as the Minister considers appropriate to resolve the disagreement. (11C) Where the Minister is unable to resolve the disagreement, the Minister shall appoint an arbitrator (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (11D) A person appointed under subsection (11C) shall inquire into the matter and submit a report, together with the person’s recommendations, to the Minister. (11E) Where the Minister receives a report and recommendations under subsection (11D), the Minister shall give such directions as the Minister thinks appropriate to the Director and the Board, together with a statement of the Minister’s reasons for giving the directions and a copy of the report and recommendations given to the Minister under subsection (11D). (11F) The Director and the Board shall comply with any directions given by the Minister under subsection (11E). (12) The Director shall, subject to subsection (12A), thereupon submit to the Minister: (a) the plan of management; and (b) if representations have been made under subsection (11)—those representations, together with the comments of the Director, or the Director and the Board, as the case requires, on those representations. (12A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (12) without the consent of the Board. (13) Subject to subsection (20): (a) in a case where the Minister is satisfied that, in relation to a plan of management in respect of a park or reserve wholly or partly within a prescribed area, there is a substantial difference of opinion between the relevant Chairperson, on the one hand, and the Director, or the Director and the Board, as the case requires, on the other hand, the Minister shall refer the plan to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires; or (b) in any other case, the Minister may: (i) accept the plan of management as submitted under subsection (12); or (ii) refer it to the Director, together with his or her suggestions, for further consideration by the Director, or by the Director together with the Board, as the case requires. (14) Where, under subsection (13), the Minister refers to the Director the plan of management in respect of a park or reserve wholly or partly within the Northern Territory, he or she shall cause a copy of his or her suggestions referred to the Director with the plan to be served on the Conservation Commission and, if the park or reserve is also wholly or partly within a prescribed area, on the relevant Chairperson, and the Commission and, as the case may be, the Chairperson may, within the period of 14 days after receiving a copy of the suggestions, make representations to the Director in connexion with the suggestions. (14A) If, under subsection (13), the Minister refers to the Director a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens, the Minister must serve on the Chairperson of the Wreck Bay Aboriginal Community Council a copy of the suggestions that he or she referred to the Director with the plan. The Chairperson may, within 14 days after receiving a copy of the suggestions, make representations to the Director in relation to the suggestions. (15) Where the plan of management has been referred to the Director under subsection (13), the Director, or the Director together with the Board, as the case requires, shall, as soon as practicable after receipt of the plan or, in a case to which subsection (14) applies, after the expiration of the period referred to in that subsection, give further consideration to the plan, having regard to the suggestions of the Minister and any representations received under subsection (14), and the Director shall, subject to subsection (15A), again submit the plan, with or without alterations, to the Minister, together with: (a) his or her comments on the suggestions of the Minister; and (b) a copy of any representations received under subsection (14), together with his or her comments on those representations. (15A) Where a Board, in conjunction with the Director, is preparing a plan of management in respect of that park or reserve, the Director shall not submit the plan of management to the Minister under subsection (15) without the consent of the Board. (15B) Where the Director and the Board are unable to agree on the submission of the plan of management to the Minister under subsection (15), the Director and the Board shall advise the Minister accordingly and the provisions of subsections (11B) to (11F) (inclusive) apply to and in relation to the disagreement as if the disagreement were a disagreement of the kind referred to in subsection (11A). (16) Where, under subsection (15), the Director submits a plan of management, with or without alterations, to the Minister and the plan is in respect of a park or reserve wholly or partly within a prescribed area, the Director shall, not later than the date on which the plan is so submitted to the Minister, serve on the relevant Chairperson copies of the plan and of any comments and representations submitted to the Minister under subsection (15), and the Chairperson may, within the period of 14 days after receiving the copies, submit to the Minister representations in connexion with the plan. (17) Where the Minister receives representations under subsection (16) and he or she is satisfied that there is a substantial difference of opinion between the relevant Chairperson and the Director in relation to the plan of management, the Minister may appoint a person (being a person whom the Minister considers to be suitably qualified and in a position to deal with the matter impartially) to inquire into the matter. (18) A person appointed under subsection (17) shall inquire into the matter and submit a report, together with his or her recommendations, to the Minister. (19) Subject to subsection (20), as soon as practicable after the plan of management is submitted to the Minister under subsection (15) or, in a case to which subsection (16) applies, after the expiration of the period referred to in that subsection, the Minister shall accept the plan as so submitted or, if he or she is of the opinion that the plan as so submitted should be altered, the plan as so submitted and altered by him or her in such manner as he or she thinks fit. (20) The Minister shall not take any action: (a) under subsection (13)—except after giving due consideration to any representations or comments submitted to him or her under subsection (12); or (b) under subsection (19)—except after giving due consideration to any representations or comments submitted to him or her under subsection (15) or (16), and to any report and recommendations submitted to him or her under subsection (18). (21) When a plan of management is laid before both Houses of Parliament under section 12, the Minister shall cause the plan to be accompanied by: (a) copies of any representations and comments, and of any report and recommendations, submitted to him or her under this section in connexion with the plan, other than those that have been given effect to in the plan; and (b) in a case where he or she has made alterations to the plan under subsection (19)—a report specifying the alterations and setting out any views in respect of matters to which the alterations relate expressed by the Director and: (i) in the case of a plan of management in respect of a park or reserve wholly or partly within the Northern Territory: (A) by the Conservation Commission; and (B) if the park or reserve is also wholly or partly within a prescribed area—by the relevant Chairperson; and (ii) in the case of a plan of management in respect of the Jervis Bay National Park or the Jervis Bay Botanic Gardens—by the Chairperson of the Wreck Bay Aboriginal Community Council. (22) In this section: > prescribed area means: (a) an area situated wholly or partly within the Region, and for which an Aboriginal Land Council has been established under the Aboriginal Land Rights (Northern Territory) Act 1976; or (b) the Jervis Bay National Park or the Jervis Bay Botanic Gardens. > relevant Chairperson means: (a) in relation to a prescribed area wholly or partly within the Region—the Chairperson of the Aboriginal Land Council for the area; or (b) in relation to the Jervis Bay National Park or the Jervis Bay Botanic Gardens—the Chairperson of the Wreck Bay Aboriginal Community Council.