Reserves Act 1977 No 66 (as at 01 November 2008), Public Act

20 Nature reserves
  • (1) It is hereby declared that the appropriate provisions of this Act shall have effect, in relation to reserves classified as nature reserves, for the purpose of protecting and preserving in perpetuity indigenous flora or fauna or natural features that are of such rarity, scientific interest or importance, or so unique that their protection and preservation are in the public interest.

    (2) It is hereby further declared that, having regard to the general purposes specified in subsection (1) of this section, every nature reserve shall be so administered and maintained under the appropriate provisions of this Act that—

    • (a) It shall be preserved as far as possible in its natural state:

    • (b) Except where the Minister otherwise determines, the indigenous flora and fauna, ecological associations, and natural environment shall as far as possible be preserved and the exotic flora and fauna as far as possible be exterminated:

    • (c) For the better protection and preservation of the flora and fauna in its natural state, no person shall enter the reserve, except under the authority of a permit granted under section 48A or section 57 of this Act or in accordance with a notice given under subsection (2) of that section and, for the purposes of this paragraph, the expression enter the reserve shall, in the case of a nature reserve or part of a nature reserve that is an island or that comprises most of an island, be deemed to include any physical contact with the land by a boat; and for this purpose any physical contact with the land shall be deemed to include the attaching (by rope or otherwise) of a boat to the reserve or to a wharf constructed on or partly on the reserve:

    • (d) Where scenic, historic, archaeological, biological, geological, or other scientific features are present on the reserve, those features shall be managed and protected to the extent compatible with the principal or primary purpose of the reserve:

      Provided that nothing in this paragraph shall authorise the doing of anything with respect to fauna that would contravene any provision of the Wildlife Act 1953 or any regulations or Proclamation or notification under that Act, or the doing of anything with respect to archaeological features in any reserve that would contravene any provision of the Historic Places Act 1993:

    • (e) To the extent compatible with the principal or primary purpose of the reserve, its value as a soil, water, and forest conservation area shall be maintained.

    (3) For the purposes of subsection (2)(c) of this section, where the foreshore of any nature reserve which is an island or part of an island does not form part of the reserve which it adjoins, the foreshore shall be deemed to form part of the reserve.

    Subsection (2)(c) was amended, as from 23 September 1981, by section 3(1) Reserves Amendment Act 1981 (1981 No 30) by inserting the expression section 48A or.

    Subsection (2)(c) was amended, as from 27 December 1983, by section 6(2) Reserves Amendment Act 1983 (1983 No 43) by inserting the words or in accordance with a notice given under subsection (2) of that section.

    In subsection (2)(d) the reference to the Historic Places Act 1993 has been substituted for a reference to the Historic Places Act 1954 which was consolidated by the Historic Places Act 1980. That Act was consolidated, as from 1 July 1993, by section 118(1) Historic Places Act 1993 (1993 No 38).