El jardín como precursor de la idea de paisaje

Under the Act, Section 6 provides the legislative framework providing the legal mechanism to set aside land for conservation purposes and for the promotion of conservation objectives on that land. The Act also seeks to promote research for the conservation of fauna and flora and seeks to promote and contribute to the development of management plans as well as providing the legislative means for the enforcement of regulations, this is achieved by authorising representatives; Parks and Wildlife Rangers are empowered in this manner. The Minister has the authorisation within this Act to identify land worthy of conservation and to set it aside for conservation purposes. Additionally to name the reserve, which will ultimately define its purposes, such land classifications are outlined below:

 National parks;

 State reserves;

 Nature reserves;

 Game reserves;

 Conservation areas;

 Nature recreational areas;

 Regional reserves; and

86 Under the Nature Conservation Act, 2002, land classification is important, as it sets out the uses or prohibited used on that reserved land. The Act directly prohibits the taking of wildlife or any products of wildlife; and or the keeping or possessing of any wildlife or the exportation or disposal of wildlife or the products of wildlife, except in a game reserve where it must be done in a sustainable manner. Also the Act sets the legislation which controls, and prohibits the removal of any protected plant species. It gives the authority of the governing body to authorise and grant a license and or the discretion to cancel, suspend or renew an existing license, and provides authorised officers with the power to arrest. The Nature Conservation Act, 2002 also provides authorised officers the power to cancelling any license, or permit. Of those reserves mentioned above there are two reserve types which are relevant to this thesis: Game Reserve, and Conservation Area. The first to be described below is the game reserve classification. A game reserve is an area of land set aside by the Minister under the Nature Conservation Act, 2002, in the same manner as other reserves, and is based on the same principles of reserving land for conservation purposes. It is a land that has:

Conservation of the natural values of the area that are unique, important or have representative value: Conservation of the natural biological and or geological diversity and the ecologically sustainable hunting of game species in that area.

The objectives of the reserve are also similar to the objectives of other classified reserves, the objectives are listed below:

 to conserve the natural biological diversity;

 to conserve sites of or areas of cultural significance;

 to provide for the taking on an ecologically sustainable basis, of designated game species for commercial or private purposes or both;

 to encourage appropriate tourism, recreational use and enjoyment, particularly sustainable recreational hunting;

 to encourage education based on the purposes of reservation and the natural or cultural values of the game reserve or both;

 to encourage research, particularly that which further the purposes of reservation;  to protect the game reserve against and rehabilitate the game reserve following

adverse impacts such as those of fire, introduced species, diseases and soil erosion on the game reserve natural and cultural values and on assets within and adjacent to the game reserve;

 to encourage cooperative management programs with aboriginal people in areas of significance to them in a manner consistent with the purposes of reservation and the management objectives.

87 However in a game reserve there is the provision which allows the taking of game on the reserve: To provide for the taking on an ecologically sustainable basis, of designated game species for commercial or private purposes or both.

This allows for the taking of Little Penguins or other species located in the game reserve provided it was accomplished in a sustainable manner. Schedule 2 of the Nature Conservation Act, 2002, (b) sets the parameters for the, taking of game; to provide for the fair, orderly and sustainable use and development of air, land and water. Schedule 2, of the Nature Conservation Act, 2002 Item (a) provides the definition of sustainable development:

Sustainable development means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural wellbeing and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

The Bruny Island case study site is located on a game reserve declared under the Nature Conservation Act 2002. Therefore the site is subjected to the sustainable taking of wildlife; such activities would require research, data collection and monitoring to ensure that the activity was conducted in a sustainable manner.