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


NATIONAL PARKS AND WILDLIFE (FURTHER ADJUSTMENT OF AREAS) BILL 2005





                         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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