Conservation Act 1987

Question 1

2021

5a. Sections 19 to 23B Conservation Act 1987 describes seven specially protected areas. List
six of these specially protected areas?

Answer 1

Section 19 Conservation parks (½ mark)
Section 20 Wilderness areas (½ mark)
Section 21 Ecological areas (½ mark)
Section 22 Sanctuary areas (½ mark)
Section 23 Watercourse areas (½ mark)
Section 23A Amenity areas (½ mark)
Section 23B Wildlife management areas (½ mark)

Question 2

2021

5b. The nominal width of marginal strips and details of where marginal strips must be
reserved from the sale, or other disposition of any land, by the Crown are covered under
Section 24(1) Conservation Act 1987. What is the nominal width required for marginal
strips and where must they be reserved from sale?

Answer 2

There shall be deemed to be reserved from the sale or other disposition of any land by the
Crown a strip of land 20 metres wide extending along and abutting the landward margin
of – (½ mark)
(a) any foreshore; or (½ mark)
(b) the normal level of the bed of any lake not subject to control by artificial means; or
(½ mark)
(c) the bed of any river or any stream (½ mark) (not being a canal under the control of
a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act
1986 and used by the State enterprise for, or as part of any scheme for, the generation
of electricity), being a bed that has an average width of 3 metres or more. (1 mark)

Question 3

2021

5c. Under Section 24A(1) Conservation Act 1987, who may reduce the width of a marginal
strip, and what is the minimum width to which any marginal strip may be reduced to?

Answer 3

Notwithstanding section 24, in the case of a marginal strip extending along and abutting
the landward margin of the sea or a lake, the Minister (1 mark) may, at any time before
the disposition by the Crown of the land adjoining the marginal strip, approve the
reduction of the width of the strip to not less than 3 metres (1 mark) if he or she is
satisfied that its value in terms of the purposes specified in section 24C will not be
diminished.

Question 4

2021

5d. Section 24C Conservation Act 1987 defines the three purposes for marginal strips.
Describe the three purposes of marginal strips under that section.

Answer 4

(a) for conservation purposes, in particular –
(i) the maintenance of adjacent watercourses or bodies of water; and
(ii) the maintenance of water quality; and
(iii) the maintenance of aquatic life and the control of harmful species of aquatic life;
and
(iv) the protection of the marginal strips and their natural values; and (1 mark)
(b) to enable public access to any adjacent watercourses or bodies of water; and (1
mark)
(c) for public recreational use of the marginal strips and adjacent watercourses or
bodies of water. (1 mark)

Question 5

2021

5e. Section 24G Conservation Act 1987 sets out what occurs when the foreshore, margin of a lake or reservoir, as well as the course of a river or stream is altered, and how that alteration affects an existing marginal strip. Describe what occurs to the adjoining marginal strip when it is affected by the alteration of a river or stream only. (3 marks)

Answer 5

• A new marginal strp shall be deemed to have been reserved simultaneously with every alteration.
• Shall be of such dimensions and be situated as if the marginal strip has been reserved under s24.
• shall extinguish, either in whole or in part, the existing reservation of the existing marginal strip.

Question 6

2019

6a. Section 19(1) Conservation Act 1987 provides management criteria for Conservation Parks. List these management criteria. (2)

Answer 6

Every conservation park shall so be managed—

(a) that its natural and historic resources are protected; and (1 mark)
(b) subject to paragraph (a), to facilitate public recreation and enjoyment. (1 mark)

Question 7

2019

6b. Section 20(1) Conservation Act 1987 list provisions applying to Wilderness Areas. List four of these five provisions.

Answer 7

Subject to subsections (2) to (4), the following provisions apply to every wilderness area:

(a) its indigenous natural resources shall be preserved:
(b) no building or machinery shall be erected on it:
(c) no building, machinery, or apparatus shall be constructed or maintained on it:
(d) no livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in it and no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in it:
(e) no roads, tracks, or trails shall be constructed on it. (½ mark each)

Question 8

2019

6c. Sections 21 to 23B Conservation Act 1987 provides management requirements for five
more Specially Protected Areas. List the names of four of these areas.

Answer 8

Section 21: Ecological areas
Section 22: Sanctuary areas
Section 23: Watercourse areas
Section 23A: Amenity area

Question 9

2019

6d. Section 24(1) Conservation Act 1987 states the nominal width of marginal strips and details where marginal strips must be reserved from the sale, or other disposition of any land, by the Crown. What is the nominal width required for marginal strips and where must they be reserved from sale?

Answer 9

There shall be deemed to be reserved from the sale or other disposition of any land by the Crown a strip of land 20 metres wide extending along and abutting the landward margin of – (½ mark)

(a) any foreshore; or (½ mark)
(b) the normal level of the bed of any lake not subject to control by artificial means; or (½ mark)
(c) the bed of any river or any stream (not being a canal under the control of a State enterprise within the meaning of section 2 of the State-Owned Enterprises Act 1986 and used by the State enterprise for, or as part of any scheme for, the generation of electricity, being a bed that has an average width of 3 metres or more. (½ mark)

Question 10

Conservation Parks (2)

Answer 10

• that its natural and historic resources are protected; and

- to facilitate public recreation and enjoyment.

Question 11

Wilderness Areas (5)

Answer 11

Subject to subsections (2) to (4), the following provisions apply to every wilderness area:

• its indigenous natural resources shall be preserved
• no building or machinery shall be erected on it
• no livestock, vehicles, or motorised vessels (including hovercraft and jet boats) shall be allowed to be taken into or used in it and
• no helicopter or other motorised aircraft shall land or take off or hover for the purpose of embarking or disembarking passengers or goods in it
• no roads, tracks, or trails shall be constructed on it.

Question 12

Ecological Areas (1)

Answer 12

Every ecological area shall so be managed as to protect the value for which it is held.

Question 13

Sanctuary Areas (2)

Answer 13

• to preserve in their natural state the indigenous plants and animals in it, and
• for scientific and other similar purposes.

Question 14

Amenity Areas (3)

Answer 14

• that its indigenous natural resources and its historic resources are protected; and
• to contribute to and facilitate people’s appreciation of its natural resources and its historic resources; and
• foster the recreational attributes of the area

Question 15

Wildlife Management Areas (2)

Answer 15

• that its wildlife and wildlife habitat values are protected; and
• that its indigenous natural resources and its historic resources are protected.