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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 (Further Adjustment of Areas) Bill 2005 Contents Page 1 Name of Act 2 2 Commencement 2 3 Revocation of reservation of certain land as state conservation area or national park 2 4 Land within Illawarra Escarpment State Conservation Area to vest in Crown as land subject to Crown Lands Act 1989 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 Schedule 1 Land within Illawarra Escarpment State Conservation Area vested in Crown as land subject to Crown Lands Act 1989 4 Schedule 2 Land within national parks vested in Minister administering Part 11 of the National Parks and Wildlife Act 1974 5 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 (Further 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 state conservation area or national park; 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 (Further Adjustment of Areas) Bill 2005 The Legislature of New South Wales enacts: 1 Name of Act This Act is the National Parks and Wildlife (Further 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 state conservation area or national park The reservation under the National Parks and Wildlife Act 1974 as state conservation area or national park of land described in Schedule 1 or 2 is revoked. 4 Land within Illawarra Escarpment State Conservation Area to vest in Crown as land subject to Crown Lands Act 1989 On the revocation under this Act of the reservation as state conservation area 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 subject to the Crown Lands Act 1989. 5 Land to vest in Minister (1) On the revocation under this Act of the reservation as national park 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 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 (Further 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. 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. (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. Page 3 National Parks and Wildlife (Further Adjustment of Areas) Bill 2005 Schedule 1 Land within Illawarra Escarpment State Conservation Area vested in Crown as land subject to Crown Lands Act 1989 Schedule 1 Land within Illawarra Escarpment State Conservation Area vested in Crown as land subject to Crown Lands Act 1989 (Sections 3 and 4) The land within: (a) lot 2 in DP 1083121, and (b) those parts of lot 31 in DP 1083116 that were within Illawarra Escarpment State Conservation Area immediately before the commencement of section 3. Page 4 National Parks and Wildlife (Further Adjustment of Areas) Bill 2005
and within national parks vested in Minister administering Part 11 of the Schedule 2 National Parks and Wildlife Act 1974 Schedule 2 Land within national parks vested in Minister administering Part 11 of the National Parks and Wildlife Act 1974 (Sections 3 and 5) 1 Jerrawangala National Park The land within lots 31-33 in DP 1075211. 2 Morton National Park The land within lots 64-68 in DP 1075869, lots 100-111 in DP 1078152 and lots 11-32 in DP 1080225. Page 5
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