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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
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WILDERNESS PROTECTION (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (17:56): 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 Wilderness Protection (Miscellaneous) Amendment Bill 2012 provides for important amendments to the Wilderness Protection Act 1992 to ensure the ongoing effective protection of wilderness in South Australia.

The area of land forming wilderness protection areas has increased significantly in recent years to what will be 1.8 million hectares following the proclamation of the Nullarbor Wilderness Protection Area in late 2012. This achievement has highlighted some practical matters that are not adequately addressed by the Act. Changes to the Act to address these issues will facilitate the improved administration of existing, and future, wilderness protection areas.

Principal amongst these is the lack of provision for co-operative management of wilderness protection areas between traditional owners and the Minister.

Provisions enabling the co-management of National Parks and Conservation Parks were introduced into the National Parks and Wildlife Act 1972 in 2004. Since then the State has entered into 10 Co-Management Agreements providing for co-management arrangements over 18 parks and reserves. These agreements recognise the important connection to Country of traditional owners and the depth of knowledge and understanding of the land that traditional owners can contribute to protected area management. In addition to the environmental benefits, these agreements provide important recognition of traditional ownership. The potential for co-management over parks and reserves is also recognised as an important contributing factor in the negotiation and resolution of native title claims.

The extension of co-management to the Wilderness Protection Act 1992 is important as a number of conservation parks and national parks have recently become, or are intended to become, wilderness protection areas. An unintended consequence of this is that these reserves can no longer be considered for co-management by virtue of the Wilderness Protection Act 1992.

To facilitate co-management of wilderness protection areas, and ensure consistency of process, the Bill proposes to incorporate the co-management provisions of the National Parks and Wildlife Act 1972 into the Wilderness Protection Act 1992, with consequential amendments to tailor the provisions to the Wilderness Protection Act 1992.

These amendments demonstrate a continuing commitment to the resolution of native title claims. They aim to meet the aspirations of traditional owners for greater access to and connection with Country and strengthen the State's commitment to greater flexibility in the involvement and recognition of traditional owners in cooperative management of protected areas. In particular, the amendments will assist with whole-of-government native title claim resolution processes by providing for co-management of wilderness protection areas. Notably, they will directly facilitate the resolution of the Far West Coast Native Title claim and contribute to whole-of-government native title resolution.

The increased number of wilderness protection areas in South Australia has also highlighted two other practical issues which this Bill seeks to address.

The first is an amendment that recognises that there may be some circumstances where it is appropriate and necessary to preserve existing leases or licences over land on proclamation of a wilderness protection area.

Under subsection 28(2) of the Wilderness Protection Act 1992, all leases and licences are voided upon constitution of a wilderness protection area or zone. While this has not created any issues to date, the proposed Nullarbor Wilderness Protection Area includes infrastructure for the Government Radio Network and other purposes that will need to be retained and licensed into the future.

The Bill allows for leases or licences existing prior to constitution of a wilderness protection area to be preserved by the proclamation constituting the wilderness protection area. Only those leases or licences specifically referenced in the proclamation will be preserved, all others are voided upon constitution of the wilderness protection area in line with the existing provisions of the Act. This will ensure that existing critical infrastructure is not adversely affected by the constitution of a wilderness protection area whilst ensuring that wilderness protection areas are not 'opened up' for development of commercial infrastructure, which is inconsistent with the objects of the Act.

Finally, it is proposed that the Wilderness Protection Act 1992 provide that entrance and camping fees for wilderness protection areas and zones are administered in the same manner as for National Parks and Wildlife Act 1972 reserves, that is set by the Director of National Parks and Wildlife and payable into the General Reserves Trust Fund under that Act.

At present, the Wilderness Protection Act 1992 only allows these fees to be set by regulation and separately accounted for, which imposes an unnecessary level of administration. This amendment will bring administration of the Wilderness Protection Act 1992 into line with the National Parks and Wildlife Act enabling streamlined processes and efficiency of administration.

I commend this Bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Wilderness Protection Act 1992

4—Amendment of section 26—Prohibition of other activities

This clause inserts new section 26(5) into the principal Act, setting out a list of activities that cannot be undertaken in a wilderness protection area or zone without a licence granted by the Director. Contravention of the subsection carries a maximum penalty of $5,000. The clause also inserts new subsection (6), which makes procedural provision in respect of a licence.

5—Amendment of section 28—Control and administration of wilderness protection areas and zones

This clause substitutes or inserts new subsections (4) to (9) into section 28 of the principal Act.

The new subsections allow leases and licences in force before the commencement of this clause to be continued by proclamation, and set out procedural provisions in respect of the making of the proclamation, as well as the leases and licences.

6—Insertion of Part 3 Division 4

This clause inserts new Division 4 into Part 3 of the principal Act.

New section 33A enables certain wilderness protection areas or zones to be co-managed by a co-management board in the same way certain reserves are co-managed under the National Parks and Wildlife Act 1972.

The section applies Part 3 Division 6A of that Act (which provides for the co-management of reserves such as conservation or national parks), subject to the modifications set out in new subsection (3), which reflect the slightly differing nature of a wilderness protection area or zone.

The section also sets out who has control and management of a co-managed wilderness protection area or zone.

New subsection (6) modifies the principal Act as it relates to co-managed wilderness protection areas and zones, reflecting the different underlying status of the relevant land.

7—Insertion of section 38A

This clause inserts new section 38A into the principal Act, providing for the setting of fees in respect of wilderness areas or zones by the Director with the approval of the Minister.

Schedule 1—Further amendments of Wilderness Protection Act 1992

This Schedule modifies the principal Act to increase penalties throughout the Act, and to make the penalty provision consistent with current drafting practice.

Schedule 2—Related amendments of National Parks and Wildlife Act 1972

This Schedule makes amendments to the National Parks and Wildlife Act 1972 that are consequential to this measure.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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