South Australian Current Acts

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43F

43F—Co-management agreement

        (1)         The Minister may enter into a co-management agreement for—

            (a)         a national park or conservation park to be constituted of Aboriginal-owned land; or

            (b)         a national park or conservation park constituted of land with which an Aboriginal group or community has a traditional association.

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

        (2)         The parties to a co-management agreement will consist of or include the Minister and—

            (a)         in the case of a national park or conservation park to be constituted of Aboriginal-owned land—the registered proprietor of the land, or the body in which the land is to be vested; or

            (b)         in the case of a national park or conservation park constituted of Crown land—a body representing the interests of the relevant Aboriginal group.

        (2a)         A co-management agreement for a national park or conservation park must set out governance arrangements for the park as follows:

            (a)         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;

            (b)         an agreement for a national park or conservation park constituted of Crown land must provide for—

                  (i)         a co-management board for the park; or

                  (ii)         a committee (a "co-management advisory committee") to advise the Minister and Director in relation to the park under this Act and as set out in the agreement (and such a committee may, for example, be a co-management board or co-management advisory committee having responsibility in relation to 1 or more other parks).

        (3)         A co-management agreement in relation to a co-managed park under this section may provide for—

            (a)         if a co-management board is to be established for the co-managed park—the constitution of the board; and

            (b)         if there is not to be a co-management board for the co-managed park—any limitations or conditions applying to the exercise of the Minister's or Director's powers in relation to the park and responsibilities to be assumed by or on behalf of the relevant Aboriginal group; and

            (ba)         if there is to be a co-management advisory committee for the co-managed park—the constitution of the committee; and

            (c)         preparation of a plan of management for the co-managed park; and

            (d)         measures related to the preservation and protection of Aboriginal sites, features, objects and structures of spiritual or cultural significance; and

            (e)         implementation of the plan of management for the co-managed park; and

            (f)         funding arrangements relating to the management of the co-managed park; and

            (g)         the appointment of wardens; and

            (h)         the exercising of powers by wardens in relation to members of the relevant Aboriginal group; and

                  (i)         employment of staff; and

            (j)         dispute resolution; and

            (k)         park entrance fees; and

            (l)         access by members of the public to the co-managed park; and

            (m)         the taking of plants and animals by members of the relevant Aboriginal group; and

            (n)         any other matter specified by the Minister.

        (4)         A co-management agreement may be varied in accordance with processes set out in the agreement.

        (5)         The following provisions apply to the termination of a co-management agreement or, in the case of a co-management agreement that applies to more than 1 co-managed park, the termination of the agreement insofar as it applies to a particular co-managed park:

            (a)         if the co-management agreement applies to a co-managed park constituted of Aboriginal-owned land that was Aboriginal-owned land before the park was constituted—

                  (i)         the agreement, insofar as it applies to that park, may be terminated unilaterally; and

                  (ii)         the agreement may specify a minimum period that must elapse before the agreement, insofar as it applies to that park, may be terminated;

            (b)         if the co-management agreement applies to a co-managed park constituted of Aboriginal-owned land that was Crown land before the co-management agreement was made—

                  (i)         the agreement, insofar as it applies to that park, may only be terminated by agreement between the Minister and registered proprietor of the Aboriginal-owned land; and

                  (ii)         the agreement may specify a minimum period that must elapse before the agreement, insofar as it applies to that park, may be terminated;

            (c)         if the co-management agreement applies to a co-managed park constituted of Crown land—the agreement, insofar as it applies to that park, may only be terminated by the Minister by notice in writing to the other party to the agreement.

        (6)         If a co-management agreement is entered into or terminated under this section, the Minister must cause notice of that fact to be published in the Gazette.

        (7)         The Minister must, on the application of a member of the public and payment of the prescribed fee, furnish the person with a copy of a co-management agreement under this section.