Part 3Classification and management of reserves
Particular powers of Minister and administering body
59Powers in respect of scientific reserves
Where the Minister has issued a notice under section 21(2)(b) prohibiting entry to a scientific reserve or to any part of such a reserve, he or she may from time to time authorise the administering body, or the Commissioner where there is no administering body, to issue to any person who in the opinion of the administering body or the Commissioner, as the case may be, has the necessary credentials or qualifications a permit affording access to the reserve or to that part for scientific study or for control and management purposes, upon such terms and conditions as the administering body or the Commissioner, as the case may be, may determine.
The administering body of a scientific reserve may from time to time, in the exercise of its functions under section 40 and to the extent necessary to give effect to the principles set out in section 21,—
- appoint officers, servants, and rangers, whether paid or unpaid:
- do such other things, including the erection of buildings, as may be necessary or desirable for the proper and beneficial management, control, and administration of the reserve:provided that the administering body shall not erect any building on the reserve unless it cannot readily be provided outside and in close proximity to the reserve.
The Minister or the administering body of any scientific reserve authorised by the Minister may, where he or she considers it necessary for the purposes specified in section 21(1), by notice in the Gazette, prohibit the anchoring or mooring of boats within a specified area not more than half a nautical mile of the shore of any island that is wholly or principally a scientific reserve, otherwise than in accordance with a permit granted under subsection (7).
No notice given under subsection (3) shall specify any area that is within a marine reserve constituted under the Marine Reserves Act 1971.
The Minister or the administering body, as the case may be, shall not give any notice under subsection (3) without the consent of the Minister of Fisheries given after consultation with an organisation considered by the Minister of Fisheries to be representative of the classes of persons having an interest in the giving of the notice, the consent of the Minister of Transport, and, where the area proposed to be specified in the notice is within the limits of any harbour, the consent of the appropriate harbour board.
Nothing in any notice given under subsection (3) shall affect any right of navigation or apply in an emergency.
Where any notice has been given under subsection (3), the Minister or the administering body, as the case may be, may issue permits allowing any person to anchor or moor a specified vessel or any vessel within any area to which the notice relates, subject to any conditions that are specified in the permit.
Where the giving of any notice under subsection (3) is not in conformity with and contemplated by the approved conservation management strategy, conservation management plan, or management plan for the reserve, the Minister or the administering body, as the case may be, shall give public notice in accordance with section 119 of the proposal to give the notice, and shall give full consideration to all objections and submissions received pursuant to section 120 in relation to the proposal.
Notes
- Section 59(3): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(4): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(5): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(5): amended, on , by section 5(3) of the Fishing Industry Board Repeal Act 2001 (2001 No 34).
- Section 59(6): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(7): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(8): inserted, on , by section 8 of the Reserves Amendment Act 1983 (1983 No 43).
- Section 59(8): amended, on , by section 102 of the Conservation Law Reform Act 1990 (1990 No 31).


