AustLII Tasmanian Consolidated Acts

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NATURE CONSERVATION ACT 2002 - SECT 11

Declaration of Crown land as reserved land

(1)  In this section,
Crown land does not include Crown land that is also –
(a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
(b) a public reserve.
(2)  If the Governor is of the opinion that any Crown land should be set aside for a conservation purpose, the Governor, by proclamation, may –
(a) declare that land to be reserved land in one of the following classes:
(i) national park;
(ii) State reserve;
(iii) nature reserve;
(iv) game reserve;
(v) conservation area;
(vi) nature recreation area;
(vii) regional reserve;
(viii) historic site; and
(b) give a name to that reserved land; and
(c) identify whether the reserve is being declared for the additional purpose of removing carbon dioxide from the atmosphere by all or any of the following means:
(i) sequesting carbon in trees in native forest;
(ii) avoiding emissions of greenhouse gas attributable to changed forest management practices including the clearing or harvesting of native forest.
(2A)  For the purposes of subsection (2)(c)  –
greenhouse gas has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth;
native forest has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 of the Commonwealth.
(3)  Any name given to reserved land under subsection (2) is to –
(a) include the name of the class of that reserved land; and
(b) be given on the recommendation of the Minister after consultation with the Registrar of Place Names.
(4)  A proclamation under subsection (2) may only be made declaring land to be reserved land in a class if the land satisfies the criteria relating to that class set out in section 16 .
(5)  Subject to any proclamation made under section 21 , any area of reserved land in a class referred to in subsection (2)(a) remains reserved land of that class despite any subsequent disposition of the land or any other dealing in that land.



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