(1) The Minister may
by order classify a reserve as a class A reserve.
(2) A class A reserve
retains a purpose specified in the relevant order made under section 41 until
that purpose is changed under this section.
(3) Subject to
subsections (5) and (6), the Minister may by order —
(a) add
Crown land to a class A reserve; or
(b)
amend a class A reserve for the purpose of correcting one or more unsurveyed
boundaries of the class A reserve in such a manner that the area of the class
A reserve, if reduced at all, is reduced by not more than 5%; or
(c)
excise 5% or one hectare, whichever is the less, of the area of a class A
reserve for the purpose of public utility services; or
(d)
redescribe locations or lots, or adjust the areas of locations or lots, in a
class A reserve if the external boundaries of the class A reserve remain
unchanged; or
(e)
amalgamate 2 or more class A reserves which have similar purposes and the same
management body.
(4) Subject to
subsections (5) and (6) and section 45, if the Minister proposes —
(a) to
reduce the area of, or excise an area from, a class A reserve for a purpose
other than a purpose referred to in subsection (3)(b) or (c); or
(b) to
excise an area from a class A reserve for the purpose of creating a road; or
(c) to
cancel, or change the purpose or classification of, a class A reserve,
the Minister must
cause that proposal to be laid before each House of Parliament and
section 43(1) then applies.
(5) The Minister must,
not less than 30 days before acting under subsection (3) or (4) in relation to
a class A reserve, advertise the Minister’s intention so to act in a
newspaper circulating throughout the State.
(6) Before acting
under subsection (3) or (4) in relation to a managed reserve, the Minister
must consult the management body of the reserve in accordance with
section 46A.
[Section 42 amended: No. 4 of 2023 s. 19 and 92.]