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NATIONAL PARKS AND WILDLIFE CONSERVATION ACT 1975 No. 12, 1975 - SECT 7 Parks and reserves established by Governor-General.

NATIONAL PARKS AND WILDLIFE CONSERVATION ACT 1975 No. 12, 1975 - SECT 7

Parks and reserves established by Governor-General.
7. (1) In this section, ''area'' means-

   (a)  an area of land, including an area that has been dedicated or reserved
        for the purposes of a national park, nature reserve or wildlife
        sanctuary or for similar purposes under a law of a Territory, in
        respect of which all right, title and interest is vested in Australia;

   (b)  an area of the Australian coastal sea in respect of the sea-bed and
        subsoil beneath which no right, title or interest is vested in a
        person other than Australia;

   (c)  an area of sea over a part of the continental shelf of Australia in
        respect of which no right, title or interest is vested in a person
        other than Australia; or

   (d)  an area of land or sea outside the Australian coastal sea in respect
        of which Australia has, under an agreement between Australia and any
        other country or countries, obligations relating to wildlife that may
        appropriately be carried out by the establishment and management of
        the area as a park or reserve, or an area of any such land and any
        such sea.

(2) Subject to this section, the Governor-General may-

   (a)  by Proclamation, declare an area specified in the Proclamation to be a
        park or a reserve and assign a name to that park or reserve; and

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

(3) A Proclamation under sub-section (2) 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 paragraph (2) (b) in relation to the park
or reserve except in accordance with the plan of management.

(5) A park may be named as a national park or by such other designation as the
Governor-General thinks fit.

(6) Where an area is declared by Proclamation under sub-section (2) to be a
park or reserve-

   (a)  the subsoil beneath any land within the area, extending to such depth
        below the surface as is specified in the Proclamation;

   (b)  the waters and sea-bed beneath any sea within the area; and

   (c)  the subsoil beneath any such sea-bed, extending to such depth below
        the sea-bed as is specified in the Proclamation, shall be taken to be
        within that park or reserve.

(7) Upon the declaration of a park or reserve under sub-section (2), all
right, title and interest held by Australia in respect of the land (including
any sea-bed or any subsoil) within the park or reserve, but not in respect of
any minerals, becomes, by force of this sub-section, vested in the Director.

(8) Subject to this section, the Governor-General may, by Proclamation, revoke
or amend a Proclamation made under sub-section (2).

(9) A Proclamation under sub-section (8) by virtue of which any land
(including any subsoil) or sea, other than land or sea referred to in
paragraph (1) (d), ceases to be land or sea within a park or reserve or within
a wilderness zone shall not be made except in accordance with a resolution
passed by each House of the Parliament in pursuance of a motion of which
notice has been given not less than 15 sitting days of that House before the
motion is moved.

(10) If, by virtue of a Proclamation made under sub-section (8), any land
(including any sea-bed or any subsoil) ceases to be land within a park or
reserve, all right, title and interest held by the Director in respect of that
land becomes, by force of this sub-section, vested in Australia.

(11) The Governor-General shall not make a Proclamation under this section
except after consideration by the Executive Council of a report by the
Director in relation to the matter dealt with by the Proclamation.

(12) Before submitting a report for the purposes of sub-section (11), the
Director shall-

   (a)  by public notice-

        (i)    state the nature of the report and of any recommendations
               proposed to be made in the report;

        (ii)   invite interested persons to make representations in connexion
               with the report by such date, not being less than 60 days after
               the date of publication of the notice in the Gazette, as is
               specified in the notice; and

        (iii)  specify an address to which such representations may be
               forwarded; and

   (b)  give due consideration to any representations so made, and, when
        submitting the report, he shall attach to the report any
        representations so made, together with his comments on those
        representations.

(13) Where any land is acquired by Australia for the purposes of this Part,
the Minister shall, as soon as practicable after the acquisition, but subject
to compliance with sub-sections (11) and (12), cause the carrying out of that
purpose to be submitted for consideration by the Executive Council.