Northern Territory Consolidated Acts

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TERRITORY PARKS AND WILDLIFE CONSERVATION ACT - SECT 12

Parks and reserves established by Administrator

    (1)     Subject to this section and to section 14, the Administrator may:

        (a)     by notice in the Gazette , declare an area of land to be a park or reserve, whether or not a person, other than the Territory, holds a right, title or interest, including:

            (i)     a right, title or interest (including a lease) held by the Corporation; and

            (ii)     any native title rights and interests within the meaning of the Native Title Act 1993 of the Commonwealth,

    in respect of the land or a part of the land (including any subsoil);

        (aa)     by the same notice in the Gazette , declare that, notwithstanding subsection (7), a right, title or interest held by the Territory in respect of the land, or a part of the land, (including any subsoil) within the park or reserve does not, on the declaration of the park or reserve, vest in the Corporation; and

        (b)     by the same or by another notice in the Gazette , declare the whole or a specified part of the park or reserve to be a wilderness zone.

    (1A)     Notwithstanding the declaration under subsection (1) of an area of land to be a park or reserve, nothing in this Act is to be taken to affect or derogate from a right, title or interest, including any native title rights and interests within the meaning of the Native Title Act 1993 of the Commonwealth, held by a person other than the Territory or the Corporation in respect of the land or a part of the land (including any subsoil).

    (2)     The Commission may, after receiving a report from the Place Names Committee, assign a name to a park or reserve or a proposed park or proposed reserve.

    (3)     A notice under subsection (1) declaring an area to be a reserve may specify the purpose or purposes for which it is so declared.

    (4)     Where a plan of management is in force in relation to a park or reserve, a declaration shall not be made under subsection (1) in relation to the park or reserve except in accordance with the plan of management.

    (6)     Where an area is declared by notice under subsection (1) to be a park or reserve:

        (a)     the subsoil beneath any land within the area;

        (b)     the bed of any stream, lake, inlet or other water within the area; and

        (c)     the subsoil beneath any such bed,

except in so far as they are, in the notice, expressly declared to be not within that park or reserve, shall be taken to be within that park or reserve.

    (7)     Except where a declaration is made under subsection (1)(aa) in relation to land, on the declaration of a park or reserve under subsection (1), all right, title and interest both legal and beneficial held by the Territory in respect of the land (including any subsoil) within the park or reserve, but not in respect of any minerals, becomes, by force of this subsection, vested in the Corporation.

    (8)     Where any land is acquired by the Territory for the purposes of this section, the Minister shall, as soon as practicable after the acquisition, but subject to compliance with section 14, cause the carrying out of that purpose to be submitted for consideration by the Administrator.



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