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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71BC
Addition of lands not already reserved under Act
71BC Addition of lands not already reserved under Act
(1) The Governor may, by proclamation published in the Gazette, reserve or
dedicate, as part of an area leased under this Part any of the following-- (a)
Crown lands,
(b) lands of the Crown,
(c) lands acquired under section 145,
146 or 148,
(d) Aboriginal lands.
(2) On the publication of the
proclamation-- (a) the lands described in the proclamation become Crown lands
to the extent to which they were not Crown lands immediately before that
publication, and
(b) if a trustee of all or any part of the lands so
described was holding office under any this or any other Act immediately
before that publication, the trustee ceases to hold that office in respect of
those lands, and
(c) any by-laws or regulations that, immediately before that
publication, applied to the lands cease to apply so far as they relate to the
lands, and
(d) the lands are reserved as part of the area, and
(e) the lands
are vested, or in the case of Aboriginal lands, remain vested, in the
Aboriginal Land Council or Councils in which the area is vested, and
(f) the
care, control and management of the lands is to be exercised-- (i) by the
board of management for the area, or
(ii) if a board of management has not
been established for the area, by the Secretary until a board of management is
established for the area, and
(g) the lease over the area is taken to extend
and apply to the lands in the same way that it applies to the area, and
(h)
the provisions of this Act and any instrument made under this Act (including
any plan of management or regulations) apply to the lands in the same way that
they apply to the area.
(3) Subsection (2) applies, in relation to the lands
added to the area, subject to the following-- (a) any native title rights and
interests in relation to the lands,
(b) any existing interest within the
meaning of section 39.
(3A) Despite subsection (2) (h), a plan of management
applying to land in an area already leased and reserved under this Part only
applies to lands added to the area if the plan of management already applies
to lands of the same reservation category. Note : For example, if the
plan of management applies only to land reserved as a national park and the
added land is to be reserved as a state conservation area, the
plan of management will not apply to the newly added state conservation area
land.
(4) To the extent to which a reservation (other than a reservation
under Division 4 or this Division), Crown grant or vesting affects lands
described in a proclamation published under this section, the publication
revokes the reservation, grant or vesting, and the instruments of title (if
any) must be surrendered for cancellation or notation.
(5) In this section,
"Aboriginal lands" , in relation to an Aboriginal Land Council or Councils
that are the lessors of an area leased under this Part, means-- (a) lands
owned in fee simple by the Aboriginal Land Council or Councils (other than
lands referred to in paragraph (b)), or
(b) lands granted to the Aboriginal
Land Council or Councils under Part 2 of the Aboriginal Land Rights Act 1983
, whether or not subject to conditions of the kind referred to in section 36A
(2) of that Act,
that the Aboriginal Land Council or Councils have requested,
by written notice served on the Minister, be reserved as part of the area
vested in the Aboriginal Land Council or Councils.
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