Part 3Classification and management of reserves
General powers of Minister and of administering body
47Wilderness areas
The Governor-General may, by Order in Council made on the recommendation of the Minister,—
- set apart the whole or any specified part of a reserve as a wilderness area:
- vary or revoke any order made under this subsection.
Before any reserve or any part of a reserve is set apart as a wilderness area,—
- the Minister (in any case where there is no administering body) or the administering body (if there is one) shall give public notice of the proposal in accordance with section 119,—
- stating that a plan of the proposal is available for inspection at a place and at times specified in the notice; and
- calling upon persons or organisations interested to lodge with the Minister or the administering body written objections to, or written submissions in support of, or suggestions on, the proposal before a specified date, being not less than 3 months after the date of publication of the notice; and
- stating that a plan of the proposal is available for inspection at a place and at times specified in the notice; and
- the Minister shall give full consideration in accordance with section 120 to all objections and submissions in relation to the proposal received pursuant to the said section 120.
No part of a government purpose reserve shall be set apart as a wilderness area without the consent of the Minister appointed under section 22 or section 36 to control and manage that reserve.
Subject to subsections (5) to (7), while any reserve or part of a reserve is set apart as a wilderness area,—
- its indigenous natural resources shall be preserved:
- no building or machinery shall be erected on the area:
- no building, machinery, or apparatus shall be constructed or maintained on the area:
- no livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in the area and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in the area:
- no roads, tracks, or trails shall be constructed on the area.
If—
- the doing of anything in a wilderness area is in conformity with the conservation management strategy or conservation management plan or other management plan for the area; and
- the Minister is satisfied that its doing is desirable or necessary for the preservation of the indigenous natural resources,—
If satisfied that the undertaking of any scientific test or study in a wilderness area is necessary or desirable for the preservation of indigenous natural resources, the Minister may authorise it.
Nothing in subsection (4) prevents the doing of anything necessary for any person's protection or because of some emergency involving any person's property.
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 47: replaced, on , by section 3 of the Reserves Amendment Act 1994 (1994 No 110).
- Section 47(1): replaced, on , by section 9(1) of the Reserves Amendment Act 2013 (2013 No 17).
- Section 47(2)(a): amended, on , by section 9(2) of the Reserves Amendment Act 2013 (2013 No 17).
- Section 47(2)(a)(ii): amended, on , by section 9(3) of the Reserves Amendment Act 2013 (2013 No 17).
- Section 47(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


