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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Parks and Wildlife
(Adjustment of Areas) Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Revocation of reservation of certain land as national park
or nature reserve 2
4 Land within Botany Bay National Park to vest in Crown as
Crown land 2
5 Land to vest in Minister 2
6 Saving of native title rights and interests 3
7 Act to bind Crown 3
8 Regulations 3
9 Amendment of National Park Estate (Southern Region
Reservations) Act 2000 No 103 4
Schedule 1 Land within Botany Bay National Park vested in the
Crown as Crown land 5
Schedule 2 Land within national parks or nature reserve vested
in Minister administering Part 11 of the National Parks
and Wildlife Act 1974 6
National Parks and Wildlife (Adjustment of Areas) Bill 2005
Contents
Page
Schedule 3 Amendment of National Park Estate (Southern Region
Reservations) Act 2000 8
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
National Parks and Wildlife
(Adjustment of Areas) Bill 2005
Act No , 2005
An Act to revoke the reservation under the National Parks and Wildlife Act 1974 of
certain areas of land as national park or nature reserve; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 National Parks and Wildlife (Adjustment of Areas) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the National Parks and Wildlife (Adjustment of Areas)
Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Revocation of reservation of certain land as national park or nature
reserve
The reservation under the National Parks and Wildlife Act 1974 as
national park or nature reserve of land described in Schedule 1 or 2 is
revoked.
4 Land within Botany Bay National Park to vest in Crown as Crown land
On the revocation under this Act of the reservation as national park of
land described in Schedule 1, that land:
(a) is vested in the Crown for an estate in fee simple, freed and
discharged from all trusts, obligations, estates, interests and
rights of way or other easements, and
(b) is Crown land within the meaning of the Crown Lands Act 1989.
5 Land to vest in Minister
(1) On the revocation under this Act of the reservation as national park or
nature reserve of land described in Schedule 2, that land vests in the
Minister administering Part 11 of the National Parks and Wildlife Act
1974 on behalf of the Crown for the purposes of that Part for an estate
in fee simple, freed and discharged from:
(a) all trusts, obligations, estates, interests, rights of way or other
easements, and
(b) any dedication, reservation, Crown grant or vesting to which the
land was subject, and any such dedication, reservation, grant or
vesting is revoked.
(2) The Minister is not to transfer under Part 11 of the National Parks and
Wildlife Act 1974:
(a) the whole or any part of the land described in clauses 1 and 2 of
Schedule 2, or
(b) any interest in that land,
unless other land is first transferred into the national park estate as
compensation for the excision of that land (being other land the Minister
Page 2
National Parks and Wildlife (Adjustment of Areas) Bill 2005 Clause 6
is satisfied is of equal or greater conservation value in terms of natural
and cultural heritage).
(3) For the purposes of subsection (2), the national park estate comprises
land reserved under the National Parks and Wildlife Act 1974 or land
acquired by the Minister under Part 11 of that Act for the purposes of its
reservation under that Act.
(4) Any access roads within the land described in clause 3 of Schedule 2
may continue to be used for the purposes for which they were used
immediately before the commencement of this Act.
(5) Nothing in this section affects the exercise of any power, authority, duty
or function by the Minister administering Part 11 of the National Parks
and Wildlife Act 1974 or any other person under and in accordance with
the National Parks and Wildlife Act 1974 in relation to any such access
road.
6 Saving of native title rights and interests
(1) This Act does not operate to extinguish any native title rights and
interests existing in relation to the land described in Schedule 1 or 2
immediately before its vesting by section 4 or 5.
(2) This section does not affect any extinguishment of native title rights and
interests by the operation of the Native Title Act 1993 of the
Commonwealth or the Native Title (New South Wales) Act 1994.
(3) Words and expressions used in this section have the same meanings as
they have in the Native Title Act 1993 of the Commonwealth.
7 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
8 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from
the date of commencement of this Act or a later date.
Page 3
Clause 9 National Parks and Wildlife (Adjustment of Areas) Bill 2005
(4) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
9 Amendment of National Park Estate (Southern Region Reservations) Act
2000 No 103
The National Park Estate (Southern Region Reservations) Act 2000 is
amended as set out in Schedule 3.
Page 4
National Parks and Wildlife (Adjustment of Areas) Bill 2005
and within Botany Bay National Park vested in the Crown as Crown land Schedule 1
Schedule 1 Land within Botany Bay National Park
vested in the Crown as Crown land
(Sections 3 and 4)
All those pieces or parcels of land containing about 716 square metres situated in the
County of Cumberland, Parish of Botany and local government area of Randwick,
being that part of Lot 5209 DP 704508 described as hatched areas "PTC" and "PTD"
in miscellaneous plan R00104 held at the office of the Parks and Wildlife Division
of the Department of Environment and Conservation.
Page 5
National Parks and Wildlife (Adjustment of Areas) Bill 2005
Schedule 2 Land within national parks or nature reserve vested in Minister administering
Part 11 of the National Parks and Wildlife Act 1974
Schedule 2 Land within national parks or nature
reserve vested in Minister administering
Part 11 of the National Parks and Wildlife
Act 1974
(Sections 3 and 5)
1 Kosciuszko National Park
All that piece or parcel of land containing 184 hectares, situated in the
Counties of Selwyn and Buccleuch, Parishes of Buddong and Boraig
and local government area of Tumut, being the area bounded by Lot 5
DP 235380, then by Lot 18 DP 728290, then by the left bank of the
Tumut River generally east to the westerly prolongation of the southern
boundary of Lot 14 DP 750974, then by that line east for a distance of
45.5 metres, then by a line bearing (grid north) 192 degrees 38 minutes
40 seconds for a distance of 72.74 metres, then by a line bearing 194
degrees 22 minutes 40 seconds for a distance of 67.1 metres, then by a
line bearing 187 degrees 50 minutes 40 seconds for a distance of 103.22
metres, then by a line bearing 212 degrees 30 minutes 30 seconds for a
distance of 88.95 metres, then by a line bearing 215 degrees 44 minutes
for a distance of 119.36 metres, then by a line bearing 211 degrees 41
minutes for a distance of 144.94 metres, then by a line bearing 190
degrees 31 minutes 30 seconds for a distance of 62.17 metres, then by a
line bearing 161 degrees 45 minutes for a distance of 139.12 metres,
then by a line bearing 171 degrees 25 minutes 20 seconds for a distance
of 232.64 metres, then by a line bearing 148 degrees 7 minutes 40
seconds for a distance of 529.92 metres, then by a line bearing 246
degrees 53 minutes 30 seconds for a distance of 65.35 metres, then by a
line bearing 207 degrees 4 minutes 20 seconds for a distance of 71.46
metres, then by a line bearing 121 degrees 16 minutes 30 seconds for a
distance of 52.65 metres, then by a line bearing 170 degrees 11 minutes
30 seconds for a distance of 46.24 metres, then by a line bearing 183
degrees 50 minutes for a distance of 41.03 metres, then by a line bearing
149 degrees 16 minutes 40 seconds for a distance of 90.14 metres, then
by a line bearing 254 degrees 59 minutes 40 seconds for a distance of
147.8 metres, then by a line bearing 182 degrees 37 minutes for a
distance of 103.58 metres and by a line to the southern most south
eastern corner of Lot 5 DP 235380.
Page 6
National Parks and Wildlife (Adjustment of Areas) Bill 2005
and within national parks or nature reserve vested in Minister administering Schedule 2
Part 11 of the National Parks and Wildlife Act 1974
2 Lake Innes Nature Reserve
All that piece or parcel of land containing an area of about 2.89 hectares,
situated in the Parish and County of Macquarie and local government
area of Hastings, being Lot 1 DP 1072284 and that part of Lake Innes
Nature Reserve (notified in the Gazette of 15 November 1985) east of
Lot 1 DP 1072284.
3 South East Forest National Park
(1) All that piece or parcel of land containing an area of about 6.8 hectares,
situated in the County of Auckland, Parish of Colombo and local
government area of Bega Valley Shire, being a strip 20 metres wide
embracing the formation of Nitens Road within South East Forest
National Park.
(2) All that piece or parcel of land containing an area of about 6.2 hectares,
situated in the County of Wellesley, Parish of Burrimbucco and local
government area of Bombala, being a strip 20 metres wide embracing
the formation of Coolangubra Forest Way within South East Forest
National Park.
(3) All that piece or parcel of land containing an area of about 22 hectares,
situated in the County of Auckland, Parishes of Boyd, Nullica and
Imlay and local government area of Bega Valley Shire, being a strip 20
metres wide embracing the formation of Ben Boyd Road (in 2 parts)
within South East Forest National Park.
Page 7
National Parks and Wildlife (Adjustment of Areas) Bill 2005
Schedule 3 Amendment of National Park Estate (Southern Region Reservations) Act
2000
Schedule 3 Amendment of National Park Estate
(Southern Region Reservations) Act
2000
(Section 9)
[1] Section 10 Adjustment of description of land transferred to national park
estate
Insert "or (c)" after "paragraph (b)" in section 10 (6) (a).
[2] Section 10 (6) (b) and (c)
Omit section 10 (6) (b). Insert instead:
(b) in the case of an adjustment of the description of any land
in or to be included in Schedule 5--31 December 2005, or
(c) in the case of an adjustment of the boundary of land
adjoining a public road--31 December 2007.
[3] Schedule 7 Land transfers--ancillary and special provisions
Omit "2005" from clause 8 (6). Insert instead "2007".
Page 8
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