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National Parks and Wildlife (Miscellaneous) Amendment Act 2000

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National Parks and Wildlife (Miscellaneous) Amendment Act 2000 South Australia ANNo QUADRAGESIMO NONO E1lzABETHAE 11 REGINAE A.D.2000 NATIONAL PARKS AND WILDLIFE (MISCELLANEOUS) AMENDMENT ACT 2000 No. 62 of 2000 [Assented to 27 July 2000] An Act to amend the National Parks and Wildlife Act 1972. 793 Nattonal Parks and Wildlife (Miscellaneous) No. 62 of 2000 Amendment Act 2000 SUMMARY OF PROVISIONS 1. Short title 2. Commencement 3. Amendment of s. U-Wildlife Conservation Fund 4. Substitution of s. 13 13. Information to be included in annual report S. Amendment of s. 22-Powers of wardens 6. Insertion of s. 24A 24A. Offences by wardens, etc. 7. Amendment of s. 26A-Immunity from personal liability 8. Amendment of s. 35-Control and administration of reserves 9. Amendment of s. 43C-Entrance fees etc., for reserves 10. Insertion of heading DIVISION I-DEVELOPMENT TRUSTS 11. Amendment of s. 45A-Interpretation 12. Amendment of s. 45B-Development Trusts 13. Insertion of new section 45BA. The General Reserves Trust 14. Amendment of s. 45F-Functions of a Trust 15. Repeal of s. 45K 16. Insertion of Division 2 of Part 3A DIVISION 2-THE GENERAL RESERVES TRUST FUND 45M. Establishment of the Fund 45N. Investment of the fund 450. Accounts and auditing 17. Insertion of s. 51A 51A. Killing of certain protected animals 18. Insertion of s. 53A 53A. Review of decision of the Minister under section 53 19. Amendment of s. 58-Keeping and sale of protected animals 20. Substitution of s. 61 61. Royalty 21. Amendment of s. 68-Molestation etc., of protected animals 22. Amendment of s. 68A-Hunting Permits 23. Amendment of s. 69-Permits 24. Amendment of s. 70-0bligation to produce permit 25. Insertion of s. 70A 70A. Failure to comply with authority 26. Amendment of s. 72-False or misleading statement 27. Insertion of s. 73A 73A. Liability of vehicle owners and expiation of certain offences 28. Repeal of s. 76 29. Repeal of s. 79A 30. Amendment of s. 80-Regulations 31. Insertion of s. 81 81. Codes of practice, etc. 32. Substitution of Schedules 7, 8 and 9 SCHEDULE 7 Endangered Species SCHEDULE 8 Vulnerable Species SCHEDULE 9 Rare Species 33. Amendment of Schedule IO-Unprotected Species SCHEDULE Further Amendments of Principal Act 794 National Parks and Wildlife (Miscellaneous) No. 62 of 2000 Amendment Act 2000 The Parliament of South Australia enacts as follows: Short title 1. (1) This Act may be cited as the National Parks and Wildlife (Miscellaneous) Amendment Act 2000. (2) The National Parks and Wildlife Act 1972 is referred to in this Act as "the principal Act". Commencement 2. This Act will come into operation on a day to be fixed by proclamation. Amendment of s. It-Wildlife Conservation Fund 3. Section 11 of the principal Act is amended- (a) by inserting the following paragraph and word after paragraph (c) of subsection (2): (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; (b) by inserting the following word and paragraph after paragraph (e) of subsection (2): and (f) interest and accretions arising from investment of the fund.; (c) by inserting the following subsection after subsection (3): (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. Substitution of s. 13 4. Section 13 of the principal Act is repealed and the following section is substituted: Information to be included in annual report 13. (1) Each annual report presented by the Department to the Minister under section 66 of the Public Sector Management Act 1995 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. 795 1'IaooD8l parkS and Wildlife (Miscellaneous) No. 62 of 2000 Amendment Act 2000 Amendment of s. 2l-Powers of wardens 5. Section 22 of the principal Act is amended- (a) by inserting the following paragraphs after paragraph (c) of subsection (1): (ca) subject to subsection (lc), take blood or other material (or authorise any other person to take blood or other material) from an animal, or the carcass or egg of an animal, for the purpose of obtaining a DNA profile; (cb) take photographs, films or video or audio recordings or make a record in any other manner or by any other means.; (b) by inserting the following subsections after subsection (1): (la) Subject to subsection (le), a person who has possession or control of an animal, or the carcass or egg of an animal, must, if a warden requires him or her to do so, permit the warden, or a person authorised by the warden, to take blood or other material pursuant to subsection (l)(ea) from the animal, carcass or egg. (lb) A warden, or a person authorised by a warden, may only take blood or other material from an animal, carcass or egg pursuant to subsection (1) (ca) if he or she does so in a manner that does not injure or cause pain or distress to the animal or damage the carcass or egg to a greater extent than is necessary. (lc) A warden cannot act under subsection (l)(ca) or make a requirement under subsection (la) without the oral or written authority of the Director given by the Director personally. Insertion of s. 24A 6. The following section is inserted after section 24 of the principal Act: Offences by wardens, etc. 24A. Subject to section 26A, a warden, or a person assisting a warden, who- (a) addresses offensive language to any other person; or (b) without lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person, is guilty of an offence. Maximum penalty: $2500. Amendment of s. 26A-Immunity from personal liability 7. Section 26A of the principal Act is amended- (a) by striking out "personal liability" from subsection (1) and substituting "personal criminal or civil liability" ; (b) by striking out "A liability" from subsection (2) and substituting "A civil liability". 796 National Parks and Wildlife (Miscellaneous) No. 62 of 2000 Amendment Act 2000 Amendment of s. 35-Control and admjnjstration of reserves 8. Section 35 of the principal Act is amended by striking out subsections (3) and (4) and substituting the following subsections: (3) The Minister 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 Minister or the Director 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. (5) 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 Minister or Director thinks fit. (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 Minister or the Director under this section. Amendment of s. 43C-Entrance fees etc., for reserves 9. Section 43C of the principal Act is amended- (a) by inserting after "camping in reserves" ", fees for an activity authorised by a permit or permission granted under the regulations"; (b) by inserting after its present contents as amended by this section (now to be designated as subsection (1» the following subsection: (2) Where a fee fixed under subsection (1) is payable, or has been paid, the Director may, if he or she thinks fit, waive or refund the whole or part of the fee. Insertion of heading 10. The following heading is inserted in Part 3A immediately before section 45A of the principal Act: DIVISION I-DEVELOPMENT TRUSTS Amendment of s. 45A-Interpretation 11. Section 45A of the principal Act is amended by inserting the following definition after the definition of "Bookmark Biosphere Trust": "General Reserves Trust" means the General Reserves Trust established by proclamation under section 45B on 30 November 1978 (see Gazette 30 November 1978 p. 2096 and 2097);. Amendment of s. 45B-Development Trusts 12. Section 45B of the principal Act is amended by inserting before "designate" in paragraph (a) of subsection (2) "(except in the case of the General Reserves Trust)". 797 National Parks and Wildlife (Miscellaneous) No. 62 of 2000 Amendment Act 2000 lDsertion of new section 13. The following section is inserted after section 45B of the principal Act: The General Reserves Trust 45BA. The General Reserves Trust will be taken to have been established in relation to all reserves constituted under this Act except those in relation to which another Development Trust is for the time being established by proclamation under section 45B.
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