Conservation Act 1987

Transitional, consequential amendments, and savings

63: Certain land may become protected area without public notification

You could also call this:

“The Minister can protect some land without telling the public first.”

The Minister can make some land a protected area without telling the public first. You need to know that this can happen if the Minister of Lands or the Minister of Forests agreed in writing before 1 April 1987 that the land should become a special area. The Minister can declare the land to be held for a special purpose under section 18(1) without giving public notice.

The Minister can also declare that some land is held for a special purpose by putting a notice in the Gazette. This can happen if the land is listed in Schedule 4 for protection as a special area. You can find the purpose for which the land is held in the third column of Schedule 4.

If the boundary of the land is not clear, the Minister will describe the land in the notice after looking at certain documents. The Minister can also make adjustments to the description of the land if needed. The Minister can add land to an existing area held for a special purpose if the new land is listed in Schedule 4 as an extension to the existing land.

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"Land that was once government land is managed for conservation until officially declared"


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"What happens to existing leases and licences when a conservation area is created"

Part 8 Transitional, consequential amendments, and savings

63Certain land may become protected area without public notification

  1. Notwithstanding section 18(2), where—

  2. before the commencement of this Act, the Minister of Lands (in respect of any Crown land) or the Minister of Forests (in respect of any State forest land) has approved in writing that any specified Crown land or State forest land should become an ecological area, an amenity area, or a wilderness area after 1 April 1987; and
    1. that land has subsequently become a conservation area,—
      1. the Minister may, under section 18(1), declare the land to be held for any of the purposes specified in that subsection without giving public notice of intention to do so.

      2. The Minister may, by notice in the Gazette, declare that any land—

      3. identified in the first column of Schedule 4 for protection as an ecological area, amenity reserve, wildlife corridor, or wildlife management reserve; and
        1. held and managed as a conservation area under section 7 or section 61 or section 62 or as a reserve under the Reserves Act 1977
          1. is held for the purpose of an ecological area under section 21 or an amenity area under section 23A or a wildlife management area under section 23B; and, subject to this Act, it shall thereafter be so held and, in the case of any land that was a reserve under the Reserves Act 1977, the reservation of the land as a reserve shall thereupon be deemed to have been revoked in accordance with that Act.

          2. The purpose for which any land identified in Schedule 4 is held shall be as specified in the third column of that schedule.

          3. Where any boundary of any land is identified in any document referred to in the fourth column of Schedule 4, the boundary identified in the document shall be conclusive for the purposes of this Act.

          4. Where any boundary of any land is not identified in any document referred to in the fourth column in Schedule 4, the Minister shall describe the land in the notice given under this section after having regard,—

          5. in the case of any land identified as Category A in Appendix C of the Final Report of the West Coast Forests Working Party dated 31 October 1986, to the maps contained or referred to in that report:
            1. in the case of any land identified as Category B in the said Appendix C, to the maps contained or referred to in the discussion document dated 17 January 1987 issued pursuant to the said Final Report by the Acting Director-General of Forests.
              1. If the boundary of any land cannot be identified in accordance with subsection (4) or subsection (5), the Minister shall, after consultation with such persons or organisations as the Minister considers appropriate, describe the land in the notice given under this section after having regard to such documents as he or she considers appropriate.

              2. Notwithstanding subsections (4), (5), and (6), the Minister may, by notice in the Gazette, make any necessary or practical or appropriate adjustments to the description of any land under this section.

              3. Where any land identified in Schedule 4 is identified as an extension to any existing land held for a special purpose under Part 4, the Minister may, by notice in the Gazette, add the land identified in that schedule to the existing land.

              4. Notwithstanding section 18(2), the Minister may make a declaration under subsection (2) without giving public notice of the intention to declare the land as being held for the proposed purpose.

              Notes
              • Section 63(2): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(3): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(4): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(5): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(6): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(7): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(8): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).
              • Section 63(9): added, on , by section 44 of the Conservation Amendment Act 1996 (1996 No 1).