New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Parks and Wildlife
Amendment (Kosciuszko National Park
Roads) Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of National Parks and Wildlife Act 1974 No 80 2
Schedule 1 Amendments 3
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, , 2004
New South Wales
National Parks and Wildlife
Amendment (Kosciuszko National Park
Roads) Bill 2004
Act No , 2004
An Act to amend the National Parks and Wildlife Act 1974 so as to excise land
from Kosciuszko National Park to be used for roads; 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.
National Parks and Wildlife Amendment (Kosciuszko National Park Roads)
Clause 1 Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the National Parks and Wildlife Amendment (Kosciuszko
National Park Roads) Act 2004.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of National Parks and Wildlife Act 1974 No 80
The National Parks and Wildlife Act 1974 is amended as set out in
Schedule 1.
Page 2
National Parks and Wildlife Amendment (Kosciuszko National Park Roads)
Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 184A
Insert after section 184:
184A RTA roads within Kosciuszko National Park
(1) In this section:
the excised land means land in the lots described in
Schedule 16.
Note. The plans referred to in Schedule 16 were, when this section
commenced, held at the RTA Property and Land Information Branch,
Centennial Plaza, Elizabeth Street, Sydney. It is intended that the plans
will be registered as deposited plans.
the RTA means the Roads and Traffic Authority of New
South Wales.
(2) On the commencement of this section:
(a) the reservation under this Act of the excised land as part
of Kosciuszko National Park is revoked, and
(b) the excised land vests in the RTA for an estate in fee
simple, freed and discharged from any trusts,
obligations, estates, interests and rights-of-way or other
easements existing immediately before its vesting.
(3) Without affecting the generality of subsection (2), any lease
or sublease of, or licence relating to, any land that consisted
of or included excised land immediately before the vesting of
the excised land by this section does not apply to the excised
land after the vesting, but is not otherwise affected by the
vesting.
(4) Persons authorised in that behalf by the RTA may enter (and
remain for as long as may reasonably be necessary on) land
adjoining or adjacent to excised land, with or without
vehicles, plant and equipment, after giving reasonable notice
to the Director-General and any lessee or sublessee (or, in an
emergency, without notice), for the purpose of:
(a) inspecting, building, rebuilding, repairing or
maintaining roads on the excised land and ancillary
infrastructure (such as drainage works) on the excised
land or the adjoining or adjacent land, or
Page 3
National Parks and Wildlife Amendment (Kosciuszko National Park Roads)
Bill 2004
Schedule 1 Amendments
(b) inspecting, placing, replacing, removing, repairing,
maintaining or augmenting devices on the adjoining or
adjacent land that measure hydrological features or land
movement relating to use of the excised land for the
purpose of roads.
(5) Despite any lease or licence entered into before or after the
commencement of this section, any such ancillary
infrastructure or device (whether or not a fixture) placed on
the adjoining or adjacent land before or after the
commencement of this section by a person authorised by the
RTA:
(a) is the property of the RTA, and
(b) without giving rise to an action in nuisance, may remain
and be used on that land.
(6) No compensation is payable by the Minister, the RTA or any
lessee, sublessee or licensee, or by any person claiming
through any lessee, sublessee or licensee, as a consequence of
the operation of subsection (2), (3), (4) or (5).
(7) For the purposes only of provisions of this Act and the
regulations (including provisions relating to the control of
traffic) that are necessary for park management purposes and
the collection of fees for park use, the excised land is taken to
be reserved as part of Kosciuszko National Park.
(8) Subsection (7) does not have the effect of:
(a) preventing or restricting the carrying out of
development for the purpose of roads on the excised
land by or on behalf of the RTA, or
(b) restricting the operation of the road transport legislation
with respect to roads or road related areas within the
meaning of the Road Transport (General) Act 1999 or
the operation of the Roads Act 1993 with respect to
public roads, or
(c) authorising the erection of any device if the erection of
the device is inconsistent with a function exercisable
under the Road Transport (Safety and Traffic
Management) Act 1999 with respect to roads or road
related areas within the meaning of that Act or under the
Roads Act 1993 with respect to public roads.
Page 4
National Parks and Wildlife Amendment (Kosciuszko National Park Roads)
Bill 2004
Amendments Schedule 1
(9) This section does not operate to extinguish any native title
rights and interests, within the meaning of the Native Title Act
1993 of the Commonwealth, existing in relation to the excised
land before its vesting by this section.
(10) However, 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.
[2] Schedule 16
Insert after Schedule 15:
Schedule 16 Land vested in the RTA
(Section 184A)
Kosciuszko Road
Lots 101107 in RTA Plan number 0286.119.SS.0129
Lot 201 in RTA Plan number 0286.119.SS.0130
Lots 301313 in RTA Plan number 0286.119.SS.0131
Alpine Way
Lots 401417 in RTA Plan number 0677.435.SS.0006
Lots 501522 in RTA Plan number 0677.435.SS.0007
Lots 601605 in RTA Plan number 0677.435.SS.0008
Lot 701 in RTA Plan number 0677.119.SS.0001
Lots 801809 in RTA Plan number 0677.119.SS.0002
Lot 901 in RTA Plan number 0677.435.SS.0010
Page 5
[Index] [Search] [Download] [Related Items] [Help]