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This is a Bill, not an Act. For current law, see the Acts databases.


RESERVES (NATIONAL PARKS, CONSERVATION PARKS AND NATURE RESERVES) BILL 2004

                        Western Australia


Reserves (National Parks, Conservation Parks,
Nature Reserves and Other Reserves) Bill 2004

                           CONTENTS


       Part 1 -- Preliminary
 1.    Short title                                              2
 2.    Commencement                                             2
 3.    Terms used in this Act                                   2
 4.    Plans and diagrams                                       3
 5.    Registrar of Titles to take certain measures             3
 6.    Native title rights and interests                        3
       Part 2 -- National parks
 7.    Class A reserve No. 47673 in the Shire of
       Augusta-Margaret River                                   4
 8.    Class A reserve No. 47672 in the Shire of Busselton      5
 9.    Class A reserve No. 47664 in the Shires of Nannup
       and Manjimup                                             5
 10.   Class A reserve No. 47666 in the Shire of Manjimup       6
 11.   Class A reserve No. 47663 in the Shire of Manjimup       8
 12.   Class A reserve No. 46213 in the Shires of Collie and
       Dardanup (Wellington National Park)                      8
 13.   Class A reserve No. 47671 in the Shire of Manjimup      10
 14.   Class A reserve No. 40837 in the Shire of Manjimup
       (Mount Frankland National Park)                         11
 15.   Class A reserve No. 39825 in the Shire of
       Serpentine-Jarrahdale (Serpentine National Park)        11
 16.   Class A reserve No. 47661 in the Shires of
       Donnybrook-Balingup, Boyup Brook and West Arthur        12
 17.   Class A reserve No. 47662 in the Shires of
       Bridgetown-Greenbushes and Boyup Brook                  13
 18.   Class A reserve No. 47665 in the Shire of Manjimup      14


                              306--2                            page i
Reserves (National Parks, Conservation Parks, Nature Reserves and
Other Reserves) Bill 2004



Contents


           Part 3 -- Conservation parks
   19.     Class A reserve No. 46026 in the Shire of Manjimup       16
   20.     Class A reserve No. 46362 in the Shire of West
           Arthur                                                   16
   21.     Class A reserve No. 31088 in the Shire of West
           Arthur                                                   16
   22.     Class A reserve No. 46408 in the Shire of Wandering      17
   23.     Class A reserve No. 46403 in the Shire of Dardanup       18
   24.     Class A reserve No. 46008 in the Shire of Beverley       18
           Part 4 -- Nature reserves
   25.     Class A reserve No. 45923 in the Shire of Nannup         19
   26.     Class A reserve No. 45922 in the Shires of
           Augusta-Margaret River and Nannup                        19
   27.     Class A reserve No. 46040 in the Shire of Denmark        20
   28.     Class A reserve No. 45915 in the Shire of Boyup
           Brook                                                    20
   29.     Class A reserve No. 22797 in the Shire of Harvey
           (Falls Brook Nature Reserve)                             21
   30.     Class A reserve No. 46390 in the Shire of
           Donnybrook-Balingup                                      21
   31.     Class A reserve No. 46399 in the Shire of Murray         21
           Part 5 -- Other Reserves
   32.     Class A reserve No. 39827 in the Shires of Collie,
           Boddington, Waroona and Harvey (Lane Poole
           Reserve)                                                 23
   33.     Class A reserve No. 48049 in the Shire of Dardanup       24




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



 Reserves (National Parks, Conservation Parks,
 Nature Reserves and Other Reserves) Bill 2004


                               A Bill for


An Act to excise certain areas of land from State forest and timber
reserves, to reserve land for the purposes of national parks,
conservation parks, nature reserves and other reserves, and to effect
certain other changes to land.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 1         Preliminary

     s. 1


                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Reserves (National Parks,
                Conservation Parks, Nature Reserves and Other Reserves) Act
5               2004.

     2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on the
                day on which it receives the Royal Assent.
          (2)   Sections 15, 21, 22, 24, 29, 31 and 32 come into operation on a
10              day fixed by proclamation.
          (3)   Different days may be fixed under subsection (2) for different
                provisions.

     3.         Terms used in this Act
                In this Act --
15              "class A reserve" has the meaning given to that term in the
                    Land Administration Act 1997 section 3(1);
                "conservation park" has the meaning given to that term in the
                    Conservation and Land Management Act 1984
                    sections 6(4) and 16B(3);
20              "Crown land" has the meaning given to that term in the Land
                    Administration Act 1997 section 3(1);
                "national park" has the meaning given to that term in the
                    Conservation and Land Management Act 1984
                    sections 6(3) and 16B(3);
25              "unallocated Crown land" has the meaning given to that term
                    in the Land Administration Act 1997 section 3(1).




     page 2
                Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                         Other Reserves) Bill 2004
                                                        Preliminary         Part 1

                                                                                   s. 4


     4.           Plans and diagrams
          (1)     The plans and diagrams referred to in this Act are held by the
                  Land Records Management section of the Department of Land
                  Information.
5         (2)     A reference in this Act to an area of land that is shown as
                  coloured green, or bordered green or red, on a plan or diagram
                  is a reference to that area of land as so shown on that plan or
                  diagram on the day referred to in section 2(1).

     5.           Registrar of Titles to take certain measures
10                The Registrar of Titles is to take any necessary measures to
                  register the amendments to, reservations and classifications of,
                  and other changes to land effected by this Act, and for that
                  purpose this Act may be treated as if it were an order under the
                  Land Administration Act 1997.

15   6.           Native title rights and interests
          (1)     In this section --
                  "affect" has the meaning given to that term in the NTA
                       section 227;
                  "native title rights and interests" has the meaning given to
20                     that term in the NTA section 223;
                  "NTA" means the Native Title Act 1993 of the Commonwealth.
          (2)     Nothing done by or under this Act operates to affect any native
                  title rights and interests.
          (3)     Subsection (2) does not apply to the extent that the effect on
25                those rights and interests is valid by the operation of, or by
                  anything done under, the NTA or a law of this State.




                                                                             page 3
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 7


                           Part 2 -- National parks
     7.         Class A reserve No. 47673 in the Shire of Augusta-Margaret
                River
          (1)   Timber reserve No. 72/25 is amended by excising an area of
5               about 1 305 ha, being part of the land in Lot 5620 as shown
                coloured green on Deposited Plan 36436.
          (2)   Reserve No. 34390, being the land in Sussex Location 4578 as
                shown bordered green on Deposited Plan 213253 and reserved
                for the purpose of government requirements and classified as
10              other than a class A reserve, is cancelled.
          (3)   All those portions of unnamed roads as shown on Deposited
                Plan 140796, comprising an area of about 4 ha and being part of
                the land in Lot 5620 as shown coloured green on Deposited
                Plan 36436, are closed.
15        (4)   All that portion of unsurveyed road, comprising an area of about
                6 ha and being part of the land in Lot 5620 as shown coloured
                green on Deposited Plan 36436, is closed.
          (5)   On the closure of the portions of road mentioned in
                subsections (3) and (4) --
20                (a) all rights of way over the land comprising the former
                        portions of road cease; and
                  (b) that land becomes unallocated Crown land.
          (6)   The land in Lot 5620 as shown coloured green on Deposited
                Plan 36436, comprising an area of about 1 379 ha, is --
25                (a) reserved under the Land Administration Act 1997 Part 4
                       for the purpose of a national park; and
                  (b) classified as class A reserve No. 47673.




     page 4
                Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                         Other Reserves) Bill 2004
                                                     National parks         Part 2

                                                                               s. 8


     8.           Class A reserve No. 47672 in the Shire of Busselton
          (1)     Timber reserve No. 139/25 is amended by excising an area of
                  about 725 ha, being part of the land in Lots 301 and 302 as
                  shown coloured green on Deposited Plan 36438.
5         (2)     Class A reserve No. 7228, comprising an area of about 4 ha
                  reserved for the purpose of water, is cancelled.
          (3)     The land in Lots 301 and 302 as shown coloured green on
                  Deposited Plan 36438, comprising an area of about 729 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
10                       for the purpose of a national park; and
                   (b) classified as class A reserve No. 47672.

     9.           Class A reserve No. 47664 in the Shires of Nannup and
                  Manjimup
          (1)     State forest No. 35 and State forest No. 36 are amended by
15                excising an area of about 2 105.45 ha and an area of about
                  15 731 ha respectively, being part of the land in Lots 13921 and
                  13922 as shown coloured green on Deposited Plan 36422.
          (2)     Class A reserve No. 7692, being the land in Nelson Locations
                  5200, 5201, 5202, 13352, 13354 and 13373 as shown bordered
20                red on Deposited Plans 229269, 217665 and 240351 and
                  reserved for the purpose of a national park, is cancelled.
          (3)     Class A reserve No. 17519, being the land in Nelson
                  Locations 453 and 454 and reserved for the purpose of a
                  national park, is amended by excising an area of about 86.69 ha,
25                being part of the land in Lot 13922 as shown coloured green on
                  Deposited Plan 36422.
          (4)     All those portions of unnamed roads as shown on Deposited
                  Plans 203079, 225697, 225706, 225724, 229274, 229269,
                  229279 and 229285, comprising an area of about 72.21 ha and
30                being part of the land in Lots 13921 and 13922 as shown
                  coloured green on Deposited Plan 36422, are closed.


                                                                            page 5
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 10


           (5)   On the closure of the portions of road mentioned in
                 subsection (4) --
                   (a) all rights of way over the land comprising the former
                         portions of road cease; and
5                  (b) that land becomes unallocated Crown land.
           (6)   The land in Lot 177 as shown on Deposited Plan 246106,
                 comprising an area of 60.767 4 ha and being the land described
                 in Certificate of Title volume 1261 folio 292 --
                   (a) is transferred to and revested in the Crown;
10                 (b) is Crown land; and
                   (c) is part of the land in Lot 13922 as shown coloured green
                         on Deposited Plan 36422.
           (7)   The land in Lots 13921 and 13922 as shown coloured green on
                 Deposited Plan 36422, comprising an area of about 19 270 ha,
15               is --
                    (a) reserved under the Land Administration Act 1997 Part 4
                        for the purpose of a national park; and
                   (b) classified as class A reserve No. 47664.

     10.         Class A reserve No. 47666 in the Shire of Manjimup
20         (1)   State forest No. 39 and State forest No. 41 are amended by
                 excising an area of 5 594 ha and an area of 602 ha respectively,
                 being part of the land in Lots 320 and 321 as shown coloured
                 green on Deposited Plan 36426.
           (2)   All those portions of unnamed roads as shown on Deposited
25               Plans 171549, 203109, 203120, 203137, 203139, 203145,
                 203146, 203151, 225678, 225680, 225681, 225783 and 225784,
                 comprising an area of about 83 ha and being part of the land in
                 Lots 320 and 321 as shown coloured green on Deposited
                 Plan 36426, are closed.




     page 6
           Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                    Other Reserves) Bill 2004
                                                National parks         Part 2

                                                                         s. 10


     (3)     On the closure of the portions of road mentioned in
             subsection (2) --
               (a) all rights of way over the land comprising the former
                     portions of road cease; and
5              (b) that land becomes unallocated Crown land.
     (4)     This subsection applies to --
              (a) the land in Lots 10299 and 10304 as shown on
                    Deposited Plan 203137, comprising an area of
                    82.302 1 ha and being the land described in Certificate
10                  of Title volume 1648 folio 80;
              (b) the land in Lot 12006 as shown on Deposited
                    Plan 203149, comprising an area of 87.816 8 ha
                    and being the land described in Certificate of Title
                    volume 356 folio 192A; and
15            (c) the land in Lot 12619 as shown on Deposited
                    Plan 168069, comprising an area of 28.801 ha and
                    being the land described in Certificate of Title
                    volume 1316 folio 488.
     (5)     The land to which subsection (4) applies --
20             (a)   is transferred to and revested in the Crown;
               (b)   is Crown land; and
               (c)   is part of the land in Lots 320 and 321 as shown
                     coloured green on Deposited Plan 36426.
     (6)     The land in Lots 320 and 321 as shown coloured green on
25           Deposited Plan 36426, comprising an area of about 6 863 ha,
             is --
                (a) reserved under the Land Administration Act 1997 Part 4
                    for the purpose of a national park; and
               (b) classified as class A reserve No. 47666.




                                                                        page 7
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 11


     11.         Class A reserve No. 47663 in the Shire of Manjimup
           (1)   State forest No. 38, State forest No. 39, State forest No. 41 and
                 State forest No. 55 are amended by excising an area of about
                 2 260 ha, an area of about 2 433 ha, an area of about 1 092 ha
5                and an area of about 247.5 ha respectively, being part of the
                 land in Lot 330 as shown coloured green on Deposited
                 Plan 36427.
           (2)   Class A reserve No. 18705, comprising an area of 496.599 5 ha
                 reserved for the purpose of a national park, is amended by
10               excising an area of about 250 ha, being part of the land in
                 Lot 330 as shown coloured green on Deposited Plan 36427.
           (3)   All those portions of unnamed roads as shown on Deposited
                 Plans 81968, 81969, 173063, 225766, 225798, 229250 and
                 229251, comprising an area of about 68 ha and being part of
15               the land in Lot 330 as shown coloured green on Deposited
                 Plan 36427, are closed.
           (4)   On the closure of the portions of road mentioned in
                 subsection (3) --
                   (a) all rights of way over the land comprising the former
20                       portions of road cease; and
                   (b) that land becomes unallocated Crown land.
           (5)   The land in Lot 330 as shown coloured green on Deposited
                 Plan 36427, comprising an area of about 6 408 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
25                      for the purpose of a national park; and
                   (b) classified as class A reserve No. 47663.

     12.         Class A reserve No. 46213 in the Shires of Collie and
                 Dardanup (Wellington National Park)
           (1)   In this section --
30               "granted" means granted under the Land Administration
                      Act 1997 section 144;


     page 8
           Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                    Other Reserves) Bill 2004
                                                National parks         Part 2

                                                                          s. 12


             "relevant easement", in relation to the proprietor of land,
                  means the easement that, on being granted, gives access to
                  that land.
     (2)     State forest No. 25 is amended by excising an area of about
5            13 745 ha, being part of the land in Lots 6263, 6264 and 6265 as
             shown coloured green on Deposited Plan 36421.
     (3)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in
             Lot 3640 as shown on Deposited Plan 143633 over the land in
10           Lot 6263 as shown coloured green on Deposited Plan 36421 for
             the purpose of access to the benefited land.
     (4)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in
             Lot 2983 as shown on Deposited Plan 143171 over the land in
15           Lot 6263 as shown coloured green on Deposited Plan 36421 for
             the purpose of access to the benefited land.
     (5)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in
             Lot 2842 as shown on Deposited Plan 90211 over the land in
20           Lot 6263 as shown coloured green on Deposited Plan 36421 for
             the purpose of access to the benefited land.
     (6)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in
             Lot 2843 as shown on Deposited Plan 143170 over the land in
25           Lot 6263 as shown coloured green on Deposited Plan 36421 for
             the purpose of access to the benefited land.
     (7)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in
             Lot 2965 as shown on Deposited Plan 90210 over the land in
30           Lot 6263 as shown coloured green on Deposited Plan 36421 for
             the purpose of access to the benefited land.
     (8)     The relevant easement shown on Deposited Plan 36421 is
             granted to the proprietor of the land (the "benefited land") in

                                                                        page 9
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 13


                 Lot 352 as shown on Deposited Plan 232982 over the land in
                 Lot 6263 as shown coloured green on Deposited Plan 36421 for
                 the purpose of access to the benefited land.
           (9)   Class A reserve No. 46213, comprising an area of
5                3 044.678 2 ha reserved for the purpose of a national park and
                 being the land in Wellington Location 6056 as shown bordered
                 green on Plan 23203, is amended by adding the land excised
                 under subsection (2) so that the reserve comprises an area of
                 about 16 790 ha, being the land in Lots 6263, 6264 and 6265 as
10               shown coloured green on Deposited Plan 36421.

     13.         Class A reserve No. 47671 in the Shire of Manjimup
           (1)   State forest No. 55 is amended by excising an area of about
                 5 430 ha, being part of the land in Lots 13911 and 13912 as
                 shown coloured green on Deposited Plan 36431.
15         (2)   All that portion of unnamed road as shown on Deposited
                 Plan 229273 and an unsurveyed portion of that road, comprising
                 an area of about 9 ha and being part of the land in Lots 13911
                 and 13912 as shown coloured green on Deposited Plan 36431,
                 are closed.
20         (3)   On the closure of the portions of road mentioned in
                 subsection (2) --
                   (a) all rights of way over the land comprising the former
                         portions of road cease; and
                   (b) that land becomes unallocated Crown land.
25         (4)   The land in Lots 13911 and 13912 as shown coloured green on
                 Deposited Plan 36431, comprising an area of about 5 439 ha,
                 is --
                    (a) reserved under the Land Administration Act 1997 Part 4
                        for the purpose of a national park; and
30                 (b) classified as class A reserve No. 47671.




     page 10
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                      National parks         Part 2

                                                                               s. 14


     14.           Class A reserve No. 40837 in the Shire of Manjimup (Mount
                   Frankland National Park)
           (1)     State forest No. 41 and State forest No. 55 are amended by
                   excising an area of 20.594 9 ha and an area of 241.397 1 ha
5                  respectively, being the land in Nelson Location 13489 as shown
                   bordered red on Plan 19163.
           (2)     Class A reserve No. 40837, comprising an area of about
                   30 830 ha reserved for the purpose of a national park, is
                   amended by adding the land excised under subsection (1) so that
10                 the reserve comprises an area of about 31 092 ha, being the land
                   in Nelson Locations 13309, 13310 and 13489 and Hay
                   Location 2365 as shown bordered red on Reserve Plans 297 and
                   298 and Plan 19163.

     15.           Class A reserve No. 39825 in the Shire of
15                 Serpentine-Jarrahdale (Serpentine National Park)
           (1)     Reserve No. 988, comprising an area of 32.374 9 ha reserved
                   for the purpose of a conservation park and being the land in
                   Cockburn Sound Location 3079 as shown bordered red on
                   Reserve Diagram 1124 and classified as other than a class A
20                 reserve, is cancelled.
           (2)     Reserve No. 32201, comprising an area of 42.928 8 ha reserved
                   for the purpose of government requirements and being the land
                   in Cockburn Sound Location 2271 and classified as other than a
                   class A reserve, is cancelled.
25         (3)     Reserve No. 32202, comprising an area of about 302 ha
                   reserved for the purpose of the conservation of flora and fauna
                   and being the land in Cockburn Sound Locations 654, 736, 813
                   and 2273 and classified as other than a class A reserve, is
                   cancelled.
30         (4)     Class A reserve No. 39825, comprising an area of about
                   3 723.879 9 ha reserved for the purpose of a national park and
                   being the land in Cockburn Sound Locations 672, 814, 961,


                                                                            page 11
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 16


                 2887 and 2888 as shown bordered red on Reserve Diagram 613,
                 is amended --
                    (a) by adding the land comprising the former reserves
                        cancelled under subsections (1), (2) and (3); and
5                  (b) by redescribing the reserve as Cockburn Sound
                        Locations 4548, 4549 and 4676 as shown bordered
                        green on Miscellaneous Plan 20613,
                 so that the reserve comprises an area of about 3 984 ha.

     16.         Class A reserve No. 47661 in the Shires of
10               Donnybrook-Balingup, Boyup Brook and West Arthur
           (1)   State forest No. 11, comprising an area of about 3 587 ha as
                 shown coloured green on Deposited Plan 233072, is cancelled.
           (2)   State forest No. 26 and State forest No. 29 are amended by
                 excising an area of about 4 931 ha and an area of about 2 349 ha
15               respectively, being part of the land in Lots 300 and 301 as
                 shown coloured green on Deposited Plan 36424.
           (3)   Reserve No. 12331, comprising an area of 16.187 4 ha reserved
                 for the purpose of water and classified as other than a class A
                 reserve, is cancelled.
20         (4)   All that portion of unnamed road as shown on Deposited
                 Plan 233072, comprising an area of about 18 ha and being part
                 of the land in Lot 300 as shown coloured green on Deposited
                 Plan 36424, is closed.
           (5)   All that portion of Preston Road as shown on Deposited
25               Plan 232817, comprising an area of 2.42 ha and being part of
                 the land in Lot 300 as shown coloured green on Deposited
                 Plan 36424, is closed.
           (6)   On the closure of the portions of road mentioned in
                 subsections (4) and (5) --
30                 (a) all rights of way over the land comprising the former
                         portions of road cease; and
                   (b) that land becomes unallocated Crown land.

     page 12
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                      National parks         Part 2

                                                                              s. 17


           (7)     Lot 5579, comprising an area of 166.177 9 ha of unallocated
                   Crown land as shown on Deposited Plan 37173 and being the
                   land described in Qualified Certificate of Crown Land Title
                   volume 3089 folio 303, is cancelled.
5          (8)     The easement shown on Deposited Plan 36424 is granted under
                   the Land Administration Act 1997 section 144 to the proprietor
                   of the land (the "benefited land") in Lot 3014 as shown on
                   Deposited Plan 89658 over the land in Lot 301 as shown
                   coloured green on Deposited Plan 36424 for the purpose of
10                 access to the benefited land.
           (9)     The land in Lots 300, 301, 302 and 303 as shown coloured
                   green on Deposited Plan 36424, comprising an area of about
                   11 373 ha, is --
                     (a) reserved under the Land Administration Act 1997 Part 4
15                        for the purpose of a national park; and
                     (b) classified as class A reserve No. 47661.

     17.           Class A reserve No. 47662 in the Shires of
                   Bridgetown-Greenbushes and Boyup Brook
           (1)     State forest No. 37 is amended by excising an area of about
20                 20 499 ha, being part of the land in Lot 331 as shown coloured
                   green on Deposited Plan 36423.
           (2)     Timber reserve No. 186/25, timber reserve No. 205/25 and
                   timber reserve No. 154/25, comprising an area of about 40.8 ha,
                   an area of about 171.5 ha and an area of about 80.14 ha
25                 respectively, are cancelled.
           (3)     Reserve No. 27021, being the land in Nelson location 12786,
                   comprising an area of 133.546 3 ha reserved for the purpose of
                   timber and classified as other than a class A reserve, is
                   cancelled.
30         (4)     Reserve No. 10642, comprising an area of 40.468 6 ha reserved
                   for the purpose of water and classified as other than a class A
                   reserve, is cancelled.


                                                                           page 13
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 2         National parks

     s. 18


           (5)   All those portions of unnamed roads as shown on Deposited
                 Plans 81760, 144428, 203894, 203895, 211248, 211249,
                 135267, 131551, 210615, 210616 and 210617, comprising an
                 area of about 92 ha and being part of the land in Lot 331 as
5                shown coloured green on Deposited Plan 36423, are closed.
           (6)   All that portion of Hamilton Road as shown on Deposited
                 Plan 229145, comprising an area of about 8.49 ha and being part
                 of the land in Lot 331 as shown coloured green on Deposited
                 Plan 36423, is closed.
10         (7)   On the closure of the portions of road mentioned in
                 subsections (5) and (6) --
                   (a) all rights of way over the land comprising the former
                         portions of road cease; and
                   (b) that land becomes unallocated Crown land.
15         (8)   The easement shown on Deposited Plan 36423 is granted under
                 the Land Administration Act 1997 section 144 to the proprietor
                 of the land (the "benefited land") in Lot 9862 as shown on
                 Deposited Plan 153766 over the land in Lot 331 as shown
                 coloured green on Deposited Plan 36423 for the purpose of
20               access to the benefited land.
           (9)   The land in Lots 330, 331 and 332 as shown coloured green on
                 Deposited Plan 36423, comprising an area of about 21 092 ha,
                 is --
                    (a) reserved under the Land Administration Act 1997 Part 4
25                      for the purpose of a national park; and
                   (b) classified as class A reserve No. 47662.

     18.         Class A reserve No. 47665 in the Shire of Manjimup
           (1)   State forest No. 40 and State forest No. 41 are amended by
                 excising an area of about 6 255.3 ha and an area of about 733 ha
30               respectively, being part of the land in Lots 304, 306, 307 and
                 308 as shown coloured green on Deposited Plan 36425.



     page 14
           Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                    Other Reserves) Bill 2004
                                                National parks         Part 2

                                                                        s. 18


     (2)     All those portions of unnamed roads as shown on Deposited
             Plans 81685, 203126, 203127, 203128, 203136, 203138,
             203182, 203183, 203188, 211509, 203116 and 225683,
             comprising an area of 159 ha and being part of the land in
5            Lots 303, 304, 305, 306, 307 and 308 as shown coloured green
             on Deposited Plan 36425, are closed.
     (3)     On the closure of the portions of road mentioned in
             subsection (2) --
               (a) all rights of way over the land comprising the former
10                   portions of road cease; and
               (b) that land becomes unallocated Crown land.
     (4)     Timber reserve No. 185/25, comprising an area of about
             1 155.04 ha and being the land in Nelson Locations 13032 and
             13064, is cancelled.
15   (5)     Reserve No. 33451, being the land in Nelson Location 13060 as
             shown bordered red on Deposited Plan 213453 and reserved for
             the purpose of government requirements and classified as other
             than a class A reserve, is cancelled.
     (6)     The land in Lots 303, 304, 305, 306, 307 and 308 as shown
20           coloured green on Deposited Plan 36425, comprising an area of
             about 11 008 ha, is --
               (a) reserved under the Land Administration Act 1997 Part 4
                    for the purpose of a national park; and
               (b) classified as class A reserve No. 47665.




                                                                     page 15
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 3         Conservation parks

     s. 19


                         Part 3 -- Conservation parks
     19.         Class A reserve No. 46026 in the Shire of Manjimup
           (1)   State forest No. 34 is amended by excising an area of about
                 37.3 ha, being the land in Nelson Location 13597 as shown
5                bordered green on Miscellaneous Plan 20629.
           (2)   The land in Nelson Location 13597 as shown bordered green on
                 Miscellaneous Plan 20629, comprising an area of about 37.3 ha,
                 is --
                    (a) reserved under the Land Administration Act 1997 Part 4
10                      for the purpose of a conservation park; and
                   (b) classified as class A reserve No. 46026.

     20.         Class A reserve No. 46362 in the Shire of West Arthur
           (1)   Timber reserve No. 213/25, comprising an area of about
                 1 040 ha, is cancelled.
15         (2)   Reserve No. 19203, comprising an area of about 627 ha
                 reserved for the purpose of water and classified as other than a
                 class A reserve, is cancelled.
           (3)   The land in Wellington Locations 5699, 5700, 5701, 5702,
                 5703, 5749, 5750 and 5751 as shown bordered red on
20               Plans 18860 and 19077 and Reserve Plan No. 439, comprising
                 an area of about 6 323.325 4 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
                         for the purpose of a conservation park; and
                   (b) classified as class A reserve No. 46362.

25   21.         Class A reserve No. 31088 in the Shire of West Arthur
           (1)   State forest No. 24 is amended by excising an area of
                 1 191.038 1 ha, being part of the land in Wellington
                 Locations 5655, 5656, 5657 and 5660 as shown bordered red on
                 Plans 18553, 18554 and 18555.


     page 16
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                 Conservation parks          Part 3

                                                                               s. 22


           (2)     Reserve No. 31088, comprising an area of 4 039.468 4 ha
                   reserved for the purpose of a water catchment area and
                   classified as other than a class A reserve, is amended --
                     (a) by adding the land excised under subsection (1);
5                    (b) by adding about 289.2 ha of unallocated Crown land;
                     (c) by changing the purpose of the reserve to the purpose of
                            a conservation park; and
                     (d) by changing the classification of the reserve to a class A
                            reserve,
10                 so that the reserve comprises an area of 5 519.677 1 ha, being
                   the land in Wellington Locations 5655, 5656, 5657, 5658, 5659
                   and 5660 as shown bordered red on Plans 18553, 18554 and
                   18555.

     22.           Class A reserve No. 46408 in the Shire of Wandering
15         (1)     Timber reserve No. 145/25, comprising an area of about
                   658.145 6 ha, is cancelled.
           (2)     Timber reserve No. 160/25, comprising an area of
                   3 211.243 3 ha, is cancelled.
           (3)     Reserve No. 18534, comprising an area of about 445.154 2 ha
20                 reserved for the purpose of timber and being the land in Avon
                   Locations 23397 and 28166 and classified as other than a
                   class A reserve, is cancelled.
           (4)     The land in Avon Locations 29547, 29548, 29551 and 29552 as
                   shown bordered green on Miscellaneous Plan 20649,
25                 comprising an area of about 4 314.543 1 ha, is --
                     (a) reserved under the Land Administration Act 1997 Part 4
                          for the purpose of a conservation park; and
                     (b) classified as class A reserve No. 46408.




                                                                            page 17
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 3         Conservation parks

     s. 23


     23.         Class A reserve No. 46403 in the Shire of Dardanup
           (1)   State forest No. 27 is amended by excising an area of about
                 643 ha, being the land in Wellington Location 192 as shown
                 bordered green on Miscellaneous Plan 20644.
5          (2)   The land in Wellington Location 192 as shown bordered green
                 on Miscellaneous Plan 20644, comprising an area of about
                 643 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
                        for the purpose of a conservation park; and
10                (b) classified as class A reserve No. 46403.

     24.         Class A reserve No. 46008 in the Shire of Beverley
           (1)   State forest No. 13 and Reserve No. 6203, a reserve comprising
                 an area of about 64 385.824 3 ha reserved for the purpose of
                 reservoirs, aqueducts, water courses and catchment area and
15               classified as other than a class A reserve, are amended by
                 excising an area of about 3 358 ha, being the land in Avon
                 Location 29445 as shown bordered green on Miscellaneous
                 Plan 20625.
           (2)   The land in Avon Location 29445 as shown bordered green on
20               Miscellaneous Plan 20625, comprising an area of about
                 3 358 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
                        for the purpose of a conservation park; and
                   (b) classified as class A reserve No. 46008.




     page 18
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                     Nature reserves         Part 4

                                                                                 s. 25


                              Part 4 -- Nature reserves
     25.           Class A reserve No. 45923 in the Shire of Nannup
           (1)     State forest No. 63 is amended by excising an area of about
                   366.4 ha, being part of the land in Sussex Location 5306 as
5                  shown bordered green on Miscellaneous Plan 20614.
           (2)     All that portion of unnamed road as shown on Plans 4957 and
                   8479, comprising an area of about 5.6 ha and being part of the
                   land in Sussex Location 5306 as shown bordered green on
                   Miscellaneous Plan 20614, is closed.
10         (3)     On the closure of the portion of road mentioned in
                   subsection (2) --
                     (a) all rights of way over the land comprising the former
                           portion of road cease; and
                     (b) that land becomes unallocated Crown land.
15         (4)     The land in Sussex Location 5306 as shown bordered green on
                   Miscellaneous Plan 20614, comprising an area of about 372 ha,
                   is --
                      (a) reserved under the Land Administration Act 1997 Part 4
                          for the purpose of the conservation of flora and fauna;
20                        and
                     (b) classified as class A reserve No. 45923.

     26.           Class A reserve No. 45922 in the Shires of
                   Augusta-Margaret River and Nannup
           (1)     State forest No. 63 is amended by excising an area of about
25                 1 389.7 ha, being part of the land in Sussex Location 5305 as
                   shown bordered green on Miscellaneous Plan 20617.
           (2)     All that portion of unnamed road as shown on Plan 8479,
                   comprising an area of about 10.3 ha and being part of the land
                   in Sussex Location 5305 as shown bordered green on
30                 Miscellaneous Plan 20617, is closed.


                                                                            page 19
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 4         Nature reserves

     s. 27


           (3)   On the closure of the portion of road mentioned in
                 subsection (2) --
                   (a) all rights of way over the land comprising the former
                         portion of road cease; and
5                  (b) that land becomes unallocated Crown land.
           (4)   The land in Sussex Location 5305 as shown bordered green on
                 Miscellaneous Plan 20617, comprising an area of about
                 1 400 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
10                      for the purpose of the conservation of flora and fauna;
                        and
                   (b) classified as class A reserve No. 45922.

     27.         Class A reserve No. 46040 in the Shire of Denmark
           (1)   Timber reserve No. 214/25, comprising an area of 220.009 8 ha,
15               is cancelled.
           (2)   The land in Plantagenet Locations 4251, 4297, 7496 and 7497
                 as shown bordered green on Miscellaneous Plan 20630,
                 comprising an area of 302.458 7 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
20                      for the purpose of the conservation of flora and fauna;
                        and
                   (b) classified as class A reserve No. 46040.

     28.         Class A reserve No. 45915 in the Shire of Boyup Brook
           (1)   State forest No. 30 is amended by excising an area of
25               662.740 4 ha, being the land in Nelson Location 13270 as
                 shown bordered green on Plan No. 16489.
           (2)   The land in Nelson Location 13270 as shown bordered green on
                 Plan No. 16489, comprising an area of 662.740 4 ha, is --
                   (a) reserved under the Land Administration Act 1997 Part 4
30                      for the purpose of the conservation of flora and fauna;
                        and

     page 20
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                     Nature reserves         Part 4

                                                                               s. 29


                     (b)   classified as class A reserve No. 45915.

     29.           Class A reserve No. 22797 in the Shire of Harvey (Falls
                   Brook Nature Reserve)
           (1)     State forest No. 15 is amended by excising an area of about
5                  203.6 ha, being part of the land in Wellington Location 5998 as
                   shown bordered green on Miscellaneous Plan 20619.
           (2)     Class A reserve No. 22797, comprising an area of about
                   374.388 7 ha reserved for the purpose of the conservation of
                   flora and fauna, is amended by adding the land excised under
10                 subsection (1) so that the reserve comprises an area of about
                   578 ha, being the land in Wellington Locations 5526 and 5998
                   as shown bordered green on Miscellaneous Plan 20619.

     30.           Class A reserve No. 46390 in the Shire of
                   Donnybrook-Balingup
15         (1)     State forest No. 20 is amended by excising an area of
                   399.482 5 ha, being the land in Nelson Location 13683 as
                   shown bordered green on Miscellaneous Plan 20647.
           (2)     The land in Nelson Location 13683 as shown bordered green on
                   Miscellaneous Plan 20647, comprising an area of 399.482 5 ha,
20                 is --
                      (a) reserved under the Land Administration Act 1997 Part 4
                          for the purpose of the conservation of flora and fauna;
                          and
                     (b) classified as class A reserve No. 46390.

25   31.           Class A reserve No. 46399 in the Shire of Murray
           (1)     Reserve No. 21038, comprising an area of about 61.388 3 ha
                   reserved for the purpose of parklands and recreation and being
                   the land in Murray Locations 1384 and 1385 and classified as
                   other than a class A reserve, is amended by excising an area of
30                 44.417 ha, being the land in Murray Location 2261 as shown
                   bordered green on Miscellaneous Plan 20642.


                                                                            page 21
    Reserves (National Parks, Conservation Parks, Nature Reserves and
    Other Reserves) Bill 2004
    Part 4         Nature reserves

    s. 31


       (2)    The land in Murray Location 2261 as shown bordered green on
              Miscellaneous Plan 20642, comprising an area of 44.417 ha,
              is --
                 (a) reserved under the Land Administration Act 1997 Part 4
5                    for the purpose of the conservation of flora and fauna;
                     and
                (b) classified as class A reserve No. 46399.




    page 22
                 Reserves (National Parks, Conservation Parks, Nature Reserves and
                                                          Other Reserves) Bill 2004
                                                     Other Reserves          Part 5

                                                                               s. 32


                              Part 5 -- Other Reserves
     32.           Class A reserve No. 39827 in the Shires of Collie,
                   Boddington, Waroona and Harvey (Lane Poole Reserve)
           (1)     Class A reserve No. 5102, comprising an area of about
5                  220.958 4 ha reserved for the purpose of recreation and
                   parklands, is cancelled.
           (2)     All that portion of Road No. 1909, comprising an area of about
                   5.9 ha and being part of the land in Murray Location 2201 as
                   shown bordered green on Miscellaneous Plan 20337, is closed.
10         (3)     On the closure of the portion of road mentioned in
                   subsection (2) --
                     (a) all rights of way over the land comprising the former
                           portion of road cease; and
                     (b) that land becomes unallocated Crown land.
15         (4)     Class A reserve No. 39827 --
                     (a)   comprising an area of about 12 353 ha reserved for the
                           purpose of recreation and enjoyment of the natural
                           environment and "the agreement" as defined in the
                           Alumina Refinery Agreement Act 1961 section 2; and
20                   (b)   being the land in Murray Locations 232, 351, 352, 353,
                           579, 710, 711, 1012 and 1827 and Wellington Locations
                           1992, 4623, 4624, 4625, 5501, 5502 and 5503 and
                           portions of the land in Wellington Locations 4621, 4622
                           and 4993 as shown bordered red on Reserve Plan 272,
25                 is amended --
                      (c) by adding the land comprising the former reserve
                          cancelled under subsection (1);
                     (d) by adding about 192 ha of unallocated Crown land; and




                                                                             page 23
     Reserves (National Parks, Conservation Parks, Nature Reserves and
     Other Reserves) Bill 2004
     Part 5         Other Reserves

     s. 33


                  (e)   by redescribing the reserve as Murray Location 2201
                        and Wellington Location 5962 as shown bordered green
                        on Miscellaneous Plan 20337,
                 so that the reserve comprises an area of about 12 920 ha.

5    33.         Class A reserve No. 48049 in the Shire of Dardanup
           (1)   State forest No. 25 is amended by excising an area of about
                 684 ha, being part of the land in Lot 3000 as shown coloured
                 green on Deposited Plan 36421.
           (2)   The land in Lot 3000 as shown coloured green on Deposited
10               Plan 36421, comprising an area of about 684 ha --
                   (a) is reserved under the Land Administration Act 1997
                        Part 4 for the purpose of scientific research and
                        education;
                   (b) is classified as class A reserve No. 48049; and
15                 (c) under the Land Administration Act 1997 Part 4, is placed
                        under the care, control and management of the
                        Conservation Commission of Western Australia
                        established under the Conservation and Land
                        Management Act 1984 section 18.
20




 


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