South Australian Current Acts

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 44

44—Establishment of sanctuaries

        (1)         If the Minister is of the opinion that it is desirable to conserve the animals or plants for which any land is a natural habitat or environment and—

            (a)         where the land is reserved for or dedicated to, a public purpose, the person to whom the care, control and management of that land has been committed has consented to a declaration under this section; or

            (b)         where the land is private land, the owner and occupier of the land have consented to a declaration under this section,

the Minister may, by notice in the Gazette, declare the land to be a sanctuary.

        (1a)         The declaration of land as a sanctuary under subsection (1) on or after 1 January 1994 is subject to native title existing when the declaration was made.

        (2)         The Minister—

            (a)         may revoke any declaration under this section; and

            (b)         where private land constitutes a sanctuary, and the owner of that land, by instrument in writing, requests that the land should cease to be a sanctuary, must revoke the declaration under which that land is constituted a sanctuary.

        (3)         In this section—

"owner" in relation to private land means—

            (a)         in the case of private land that is held in fee simple—the holder of the estate in fee simple; or

            (b)         in the case of private land that is subject to a lease granted under the Crown Land Management Act 2009 or the Pastoral Land Management and Conservation Act 1989 —the lessee under that lease.

        (4)         If, before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009 —

            (a)         a declaration was purportedly made under this section in relation to land subject to a lease under the Crown Lands Act 1929 or the Pastoral Land Management and Conservation Act 1989 ; and

            (b)         the lessee under that lease consented to the making of the declaration,

the declaration will not be taken to be invalid by reason only that the consent of the owner of the land (as defined under subsection (3) as in force before the commencement of Schedule 1 Part 2 of the Crown Land Management Act 2009 ) was not obtained before the making of the declaration.