Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:4_5
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 4 cl 5
Character Range: 56153–58645

5  Continuation of preparation of plans

(1) If, before the commencement of the new Act:
 (a) the Director published a notice under subsection 11(2A) of the Parks Act relating to a park or reserve that later became a Commonwealth reserve because of this Schedule; and
 (b) the Minister administering the Parks Act had not accepted under section 11 of the Parks Act a plan of management for the park or reserve submitted by the Director after the Director published the notice;
Division 4 (the new Division) of Part 15 of the new Act applies in relation to the preparation of a management plan for the Commonwealth reserve with the applicable modifications set out in this item.

(2) The new Division applies as if paragraph 368(1)(a) and subsection 368(2) were omitted from the new Act.

(3) If the Director published a notice under subsection 11(10) of the Parks Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:
 (a) paragraphs 368(1)(b) and (c) and subsection 368(5) were also omitted from the new Act; and
 (b) if the date specified in the notice under paragraph 11(10)(b) of the Parks Act has passed—paragraph 368(1)(d) were also omitted from the new Act.

(4) If subitem (3) does not apply, the new Division applies as if the reference in paragraph 368(1)(b) of the new Act to comments were a reference to representations received in response to the notice referred to in paragraph (1)(a) of this item.

(5) If the Director submitted a plan of management for the park or reserve under subsection 11(12) of the Parks Act to the Minister administering that Act after publishing the notice referred to in paragraph (1)(a) of this item, the new Division applies as if:
 (a) paragraphs 368(1)(d) and (e) were also omitted from the new Act; and
 (b) the plan had been given to the Minister administering the new Division under subsection 370(1) of the new Act when it commenced and subsection 370(2) of the new Act had been complied with in relation to the plan.

(6) If subitem (5) does not apply but subitem (3) does, the new Division applies as if the reference in paragraph 368(1)(e) of the new Act to comments were a reference to representations received in response to the notice under subsection 11(10) of the Parks Act.

(7) Subitems (1) to (6) (inclusive) do not apply to the preparation of a management plan for a Commonwealth reserve after the first approval under the new Division of a management plan for the reserve.