National Parks and Wildlife (Co-managed Parks) Amendment Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (22:35): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The National Parks and Wildlife (Co-managed Parks) Amendment Bill 2016provides for important amendments to the co-management provisions of the National Parks and Wildlife Act 1972 and the Wilderness Protection Act 1992. The Bill also provides retrospective approval to two existing mining leases in the Ikara-flinders Ranges National Park, while not allowing for further mining rights to be acquired within the park.

The National Parks and Wildlife Act and the Wilderness Protection Act establish parks and wilderness areas that protect and conserve South Australia's significant natural and cultural values.

In 2004 the National Parks and Wildlife Act was amended to allow for the co-management of parks, an initiative which acknowledges the rights and capacity of Aboriginal communities to manage cultural and natural values on their traditional lands. In 2013 amendments were made to the Wilderness Protection Act 1992 to provide for co-management over the State's wilderness areas.

The State Government has now entered into 12 co-management agreements over 35 of South Australia's parks and reserves, covering 13.5 million hectares, or 64% of the State's reserve system. For 12 years now, co-management has allowed Aboriginal communities to look after and use sacred places in accordance with their traditional culture and values, build land management expertise, and provide a platform for pursuing cultural tourism and other economic benefits.

This Bill provides administrative amendments to strengthen co-management by allowing co-management agreements with Aboriginal people to establish a co-management board over more than one park. This amendment will provide greater flexibility for the Government and Aboriginal people in the negotiation of future co-management agreements.

This amendment will also allow for existing co-management agreements to be updated to allow existing co-management boards to merge. This will be of particular benefit where one Aboriginal community is represented across multiple boards in the same region.

The Bill also improves the clarity of co-management governance arrangements as well as the terminology and role of co-management boards and advisory committees.

In addition to amendments relating specifically to the co-management of parks, the Bill includes an amendment which allows regulations to be made that fix expiation fees for alleged offences against the Act, in addition to the regulations.

Finally, the Bill includes an amendment to the National Parks and Wildlife Act that provides retrospective approval for two existing mining leases in Ikara-Flinders Ranges National Park, while not allowing mining rights to be acquired over any other area of the park.

These two mineral leases were granted by the then Minister for Mines in 1949 to allow the extraction of barite, a mineral that, I am advised is used for both medical and engineering purposes.

In 1970, the Oraparinna National Park was established under the National Parks Act 1966 over the two mineral leases which preserved the existing mining rights. When the National Parks and Wildlife Act 1972 came into operation the Oraparinna National Park ceased to exist and the now Ikara-Flinders Ranges National Park was constituted by statute.

I am advised that by an administrative oversight, the new National Parks and Wildlife Act did not contain any transitional provisions in relation to the preservation of existing mining rights. Consequently, for the following 44 years the mines have been operated, bought and sold, regulated and renewed, as if they were valid.

To correct this oversight, this Bill includes an amendment which preserves and validates the operation of these two mineral leases, while confirming that the extent of mining operations in Ikara-Flinders Ranges National Park cannot extend beyond these existing leases.

I commend this Bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of National Parks and Wildlife Act 1972

3—Amendment of section 5—Interpretation

This clause inserts a definition of co-management advisory committee consequential to the amendment made by clause 7(2) (inserted subsection (2a)(b)(ii)).

4—Amendment of section 38—Management plans

This clause amends section 38(2a)(c) to provide for consultation with a co-management advisory committee in the preparation of a plan of management for a co-managed park where there is no co-management board for the park. The clause also provides for the Minister's powers in relation to the adoption of a plan of management to be subject to consultation with a co-management advisory committee in the place of the other party to a co-management agreement where there is no co-management board for a park.

5—Amendment of section 42—Prohibited areas

This clause provides for the Minister's powers in relation to the declaration of prohibited areas in a reserve to be subject to consultation with a co-management advisory committee in the place of the other party to a co-management agreement where there is no co-management board for a park.

6—Insertion of section 43AC

This clause inserts new section 43AC which deals with rights of entry, prospecting, exploration or mining in respect of the Ikara-Flinders Ranges National Park.

Subclause (1) provides that the acquisition or exercise of relevant mining rights, or purported acquisition or exercise of such rights, in respect of the land constituting the Ikara Flinders Ranges National Park before the day of commencement of the clause are declared, for the purposes of this Act and for the purposes of any other dealings with or in relation to those rights, to have been validly acquired or exercised. Subclause (1) further provides that such declared rights, in existence immediately before the relevant day, may, despite section 43, continue to be exercised in respect of the prescribed land on and after that day.

Subclause (2) provides that, despite section 43, rights of entry, prospecting, exploration or mining may, with the approval of the Minister and the Mining Minister, be acquired pursuant to the Mining Act 1971 in respect of the prescribed land (including, for example, by the renewal of relevant mining rights) and may be exercised in respect of that land. Prescribed land is defined as land subject to Mining Lease 3413 and Mining Lease 3414 under the Mining Act 1971 at the commencement of the clause.

Subclause (3) provides that a person in whom rights are vested under the Mining Act 1971 in respect of the prescribed land must not carry out work in the exercise of those rights that has not previously been authorised unless the Minister and the Mining Minister have approved that work, and such an approval may be subject to such conditions as the Ministers may agree. If the Minister and the Mining Minister cannot agree as to whether to give an approval under subclause (2) or (3), or impose conditions under subclause (3), the Governor may, with the advice and consent of the Executive Council, give an approval or impose conditions in writing under the relevant subsection.

Subclause (5) makes it clear that nothing in this clause authorises or otherwise permits the acquisition or exercise of rights of entry, prospecting, exploration or mining in the Ikara-Flinders Ranges National Park after the commencement of this clause other than those rights referred to in subclauses (1) and (2).

7—Amendment of section 43F—Co-management agreement

This clause makes a number of amendments to section 43F of the National Parks and Wildlife Act 1972 which deals with co-management agreements for co-managed parks.

Subclause (1) provides that a co-management agreement may relate to more than 1 national park or conservation park.

Subclause (2) inserts a new subsection (2a) which provides for governance arrangements of a co-managed park. This new subsection provides that an agreement for a national park or conservation park constituted of, or to be constituted of, Aboriginal owned land must provide for a co-management board for the park. Where a co-managed park is to be constituted of Crown land, the agreement must either provide for a co-management board or for a co-management advisory committee.

Subclause (6) substitutes a new subsection (5) providing for the termination of co-management agreements in light of the introduction of co-management agreements that may apply to more than 1 park.

The clause also makes amendments to section 43F consequential to the introduction of co-management advisory committees.

8—Amendment of section 43G—Establishment of co-management boards by regulation

This clause amends section 43G of the National Parks and Wildlife Act 1972 consequential to the introduction of co-management agreements that may apply to more than 1 park in clause 7(1).

This clause also amends section 43G of the Act to give the functions and powers of a Board, being a board that is either not able to constitute a quorum at a meeting of the Board due to insufficient appointments or for which the regulation establishing the board is disallowed by Parliament, to the Director until the relevant appointments are made or a new Board is established by regulation.

9—Amendment of section 43I—Dissolution or suspension of co-management boards

This clause amends section 43I of the National Parks and Wildlife Act 1972 consequential to the introduction of co-management agreements that may apply to more than 1 park in clause 7(1).

10—Amendment of section 80—Regulations

This clause amends section 80(2)(z) of the Act to provide that the regulations may fix expiation fees for alleged offences against the Act.

Schedule 1—Related amendments and transitional provisions

Part 1—Amendment of Wilderness Protection Act 1992

1—Amendment of section 33A—Co-management of wilderness protection areas or zones

This clause amends section 33A of the Wilderness Protection Act 1992 consequential to the introduction of co-management advisory committees.

Part 2—Transitional provisions

2—Advisory committees—National parks and conservation parks

This clause is a transitional provision to provide that a committee established before the commencement of clause 7(2) to provide advice to the Director in relation to the management of a co-managed park constituted of Crown land under a co-management agreement is taken, after the commencement of clause 7(2), to be a co-management advisory committee within the meaning of the National Parks and Wildlife Act 1972.

3—Advisory committees—Wilderness protection areas and wilderness protection zones

This clause is a transitional provision to provide that a co-management committee within the meaning of section 33A of the Wilderness Protection Act 1992 immediately before the commencement of section 8(2) of this Act is taken, after that commencement, to be a co-management advisory committee for the purposes of Part 3 Division 4 of the Wilderness Protection Act 1992.

Debate adjourned on motion of Hon. S.G. Wade.

At 22:35 the council adjourned until Thursday 1 December 2016 at 11:00.