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Provisions) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act.
Clause 4 revokes the reservation of certain land as part of the Morton
National Park. A reservation of land as a national park may only be revoked
by an Act of Parliament. Currently the land is used as part of the Braidwood
to Nowra road and is also proposed to be used for the purposes of the Eastern
Gas pipeline. The land should have been excluded by the existing reservation
of the lands from the National Park for the purposes of the road. However,
the road was not built entirely on the land so reserved. The effect of the
revocation of the reservation is that the land will become available for use for
the purposes of the pipeline, in accordance with the Pipelines Act 1967.
Clause 5 adds to the Morton National Park land reserved for the purposes of
the Braidwood to Nowra road but not used for the purposes of the road.
Clause 6 varies the declaration of certain land as part of the Ettrema
Wilderness Area. The purpose of the variation is to clarify that the area does
not include land used as part of the Braidwood to Nowra road and also
proposed to be used for the purposes of the Eastern Gas pipeline.
Clause 7 prevents compensation or consideration being paid in respect of
land added to the Morton National Park or the Ettrema Wilderness Area by
the proposed Act.
Clause 8 enables the Minister administering the National Parks and Wildlife
Act 1974 to grant easements under the National Parks and Wildlife Act 1974
for the purposes of the construction or operation of the Eastern Gas pipeline
in relation to land situated in the Morton National Park.
Clause 9 extends the defences available under the National Parks and
Wildlife Act 1974 in relation to offences under sections 98 (Harming
protected fauna, other than threatened species, populations or ecological
communities), 1 18A (Harming or picking threatened species, populations or
ecological communities), 118C (Damage critical habitat) and 118D (Damage
habitat of threatened species, population or ecological community). A person
will have a defence if the act constituting the offence concerned was essential
for the carrying out of an activity relating to the construction or operation of
the Eastern Gas pipeline and did not contravene a condition of a permit or
licence granted under the Pipelines Act 1967 in respect of the pipeline.
Clause 10 provides for the review of the proposed Act after the period of 5
years from the date of assent to the proposed Act.
Explanatory note page 2
Schedule 1
Areas excluded from Morton National Park
The proposed Schedule describes the land to be excluded from Morton
National Park.
Schedule 2
Areas added to Morton National Park
The proposed Schedule describes the land to be added to the Morton National
Park.
Schedule 3
Variation of Ettrema Wilderness Area
The proposed Schedule describes the variation of a boundary of the Ettrema
Wilderness Area.
Explanatory note page 3