National Parks and Wildlife Act 1972

Protected areas of South Australia consists of protected areas located within South Australia and its immediate onshore waters and which are managed by South Australian Government agencies. As of June 2016, South Australia contains 353 separate protected areas declared under the National Parks and Wildlife Act 1972, the Crown Land Management Act 2009 and the Wilderness Protection Act 1992 which have a total land area of 19,235,345 ha (47,531,570 acres) or 19.6% of the state’s area.

The jurisdiction for legislation of protected areas within South Australia and the immediate onshore waters known officially as ‘the coastal waters and waters within the limits of South Australia' belongs to the South Australian government. The major piece of legislation concerned with the creation and the subsequent management of protected areas is the National Parks and Wildlife Act 1972. Protected areas created by this Act form the majority of South Australia’s contribution to the National Reserve System.

Other state legislation that may create protected areas include the following: Forestry Act 1950, Wilderness Protection Act 1992, Historic Shipwrecks Act 1981, River Murray Act 2003, Adelaide Dolphin Sanctuary Act 2005, Fisheries Management Act 2007, Marine Parks Act 2007, Crown Land Management Act 2009, Arkaroola Protection Act 2012 and Native Vegetation Act 1991.

While the Australian Government does not have the power under the Australian constitution to legislate for protected areas within South Australia, its treaty obligations and its constitutional responsibilities do permit it to develop policy for protected areas and to enter into agreements concerning protected areas. Examples include nomination of sites under the Convention on Wetlands of International Importance (also known as the Ramsar Convention) and establishment of agreements for Indigenous Protected Areas.

The National Parks and Wildlife Act 1972 (also known as the ‘National Parks Act’) is the principal legislation in South Australia in respect to the establishment and management of protected areas. The act uses the term ‘reserve’ in lieu of the term ‘protected area’ while the agency which administers the act generally uses the term 'park'. It is concerned with the establishment and management of reserves, establishment of sanctuaries, conservation of native plants and animals, declaration of protected animals, the management of protected animals in respect to taking, keeping, farming and harvesting, and the control of hunting.

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