Reserve and water management plan reviews

Assessment process
Current assessments


Assessment process

Legislation

National Parks and Reserves Management Act 2002

Management plans for reserves are developed under Part 3 of the National Parks and Reserves Management Act 2002 by the Director of National Parks.  Representations from the public on the draft management plans, and the Director’s recommendations and response to those representations are reviewed by the Commission under section 22 of the Act.

Water Management Act 1999

Water management plans are developed by the Secretary of the Department of Primary Industries, Parks, Water and Environment under Division 2 of the Water Management Act 1999.  The Commission reviews (under section 26 of this Act) any representations received on the draft water management plan and the Secretary’s response.

Wellington Park Act 1993

Under Part 4 of the Wellington Park Act 1993, the Wellington Park Management Trust (the Trust) develops management plans for Wellington Park.  The Commission reviews any representations received on the draft Wellington Park management plan and the Trust’s response

Who undertakes the assessment

The Commission may appoint a panel as its delegate (section 8 of the Tasmanian Planning Commission Act 1997) to carry out the review.  The powers and functions of the Commission which are necessary to do the review are delegated to each panel member.  Panel members are appointed on the basis of skills, experience and expertise relevant to the review.

Process

With draft reserve and water management plans, the relevant Minister directs the Commission to review the draft plan with regard to the representations received, and the Director’s or Secretary’s response to those representations.  The Trust refers its documents to the Commission for consideration.

The Commission’s review function is narrow in scope.  That is, the review is limited to consideration of the representations and the report of the Director, Secretary or the Trust.  This involves a review of the representations and how the Director, Secretary or Trust has responded to issues raised in representations in expressing his / her opinion on the merits of the representations, and whether issues are of sufficient merit to warrant modification of the draft management plan.

The Commission has the discretion to hold a hearing where it is considers a hearing would assist in its review of the representations.  A hearing would not be held to review the draft management plan.  If a hearing is held, it is conducted in accordance with Part 3 of the Tasmanian Planning Commission Act 1997.

For reserve and water draft management plans, the Commission reports to the Minister, and then publishes notification of the report in the Gazette.  In the case of a draft Wellington Park management plan, the Commission reports to the Trust.

The flowchartPDF (PDF, 101.3KB) shows the review process for draft management plans.

The flowchartPDF (PDF, 98.7KB) shows the review process for draft water management plans.

Decision-making

After the Commission’s report on a draft management plan, the Minister or the Trust submits the draft plan or an altered draft plan to the Governor for approval.

In some cases, the draft plan must also be approved by both Houses of Parliament before certain conditions can become effective.

Public participation

Opportunities for public input are through presentations at a Commission hearing, if held.