sec.41Preparation of plans by authority

### sec.41 Preparation of plans by authority The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part. The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate. A management plan may divide the area in respect of which it is made into management zones. A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example— prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and exempting and prescribing acts for section 56 (3) , definition prohibited act . Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan. Without limiting subsection (5) , a management plan may— impose requirements about— entering into a cooperative management agreement for the purposes of the management plan; or the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— a party to the agreement; land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land. To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan. s 41 amd 1995 No. 40 s 27 ; 2012 No. 25 s 195 sch; 2023 No. 6 s 139 (sec.41-ssec.1) The authority must prepare a management plan for the wet tropics area as soon as practicable after the commencement of this part. (sec.41-ssec.2) The authority may prepare such other management plans for the wet tropics area, or any part of the area, as the authority considers appropriate. (sec.41-ssec.3) A management plan may divide the area in respect of which it is made into management zones. (sec.41-ssec.4) A management plan may make provision for any matter for which a regulation may be made under this Act, including, for example— prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and exempting and prescribing acts for section 56 (3) , definition prohibited act . (sec.41-ssec.5) Also, a management plan may make provision for any matter relating to cooperative management agreements entered into, or proposed to be entered into, by the authority, for the purposes of the management plan. (sec.41-ssec.6) Without limiting subsection (5) , a management plan may— impose requirements about— entering into a cooperative management agreement for the purposes of the management plan; or the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— a party to the agreement; land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land. (sec.41-ssec.7) To remove any doubt, it is declared that subsection (5) does not prevent the authority from entering into a cooperative management agreement other than for the purposes of a management plan. - (a) prescribing offences for contraventions of the plan, and fixing a maximum penalty of a fine of not more than 165 penalty units for the contravention; and - (b) exempting and prescribing acts for section 56 (3) , definition prohibited act . - (a) impose requirements about— (i) entering into a cooperative management agreement for the purposes of the management plan; or (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies - (i) entering into a cooperative management agreement for the purposes of the management plan; or - (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies - (b) provide for a cooperative management agreement mentioned in paragraph (a) to apply in a way that is inconsistent with particular provisions of the management plan, including, in relation to the following— (i) a party to the agreement; (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land. - (i) a party to the agreement; - (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land. - (i) entering into a cooperative management agreement for the purposes of the management plan; or - (ii) the content of a cooperative management agreement entered into, or proposed to be entered into, for the purposes of the management plan; or Example of a requirement for subparagraph (ii) — a requirement that a cooperative management agreement states it is an agreement to which a particular provision of the management plan applies - (i) a party to the agreement; - (ii) land that is the subject of the agreement, including, for example, in relation to an activity that may be carried out on the land.