National Parks and Wildlife
(Adjustment of Areas) Bill 2005

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are to:

(a) revoke the reservation under the National Parks and Wildlife Act 1974 of areas
of land within Botany Bay National Park, Kosciuszko National Park, Lake
Innes Nature Reserve and South East Forest National Park, and

(b) vest those areas in the Crown as Crown land (in the case of the areas within
Botany Bay National Park) or in the Minister administering Part 11 of the
National Parks and Wildlife Act 1974 (in all other cases), and

(c) amend the National Park Estate (Southern Region Reservations) Act 2000 to
extend deadlines in certain provisions relating to roads within or in the vicinity
of land transferred to the national park estate by that Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 revokes the reservation under the National Parks and Wildlife Act 1974 of
land described in Schedule 1 or 2 as part of the national parks and nature reserve
referred to in those Schedules.

Clause 4 vests land described in Schedule 1 (which is land within Botany Bay
National Park) in the Crown as Crown land.

Clause 5 vests land described in Schedule 2 (which is land within Kosciuszko
National Park, Lake Innes Nature Reserve and South East Forest National Park) in
the Minister administering Part 11 of the National Parks and Wildlife Act 1974.

Clause 6 ensures that the proposed Act does not operate to extinguish native title
rights and interests existing in relation to the excised land immediately before its
vesting under the proposed Act in the Crown as Crown land or in the Minister
administering Part 11 of the National Parks and Wildlife Act 1974.

Clause 7 provides that the proposed Act binds the Crown.

Clause 8 enables the making of regulations for the purposes of the proposed Act,
including regulations of a savings or transitional nature consequent on the enactment
of the proposed Act.

Clause 9 is a formal provision that gives effect to the amendments to the National
Park Estate (Southern Region Reservations) Act 2000 set out in Schedule 3.

Schedule 1 Land within Botany Bay National Park
vested in the Crown as Crown land
This Schedule sets out the land within Botany Bay National Park whose reservation
as national park is revoked and that is vested in the Crown as Crown land.

Schedule 2 Land within national parks or nature
reserve vested in Minister administering
Part 11 of the National Parks and Wildlife
Act 1974
This Schedule sets out the land within national parks and a nature reserve (being land
whose reservation is revoked) that is vested in the Minister administering Part 11 of
the National Parks and Wildlife Act 1974 for the purposes of that Part.

Schedule 3 Amendment of National Park Estate
(Southern Region Reservations) Act
2000
Section 10 of the National Park Estate (Southern Region Reservations) Act 2000
enables the description of land transferred to the national park estate by that Act to
be adjusted, by notice published in the Gazette, for various purposes. Schedule 3 [2]
extends the deadline for adjusting the boundary of land adjoining a public road from
31 December 2005 to 31 December 2007. Schedule 3 [1] makes a consequential
amendment.

Clause 8 of Schedule 7 vests in the Minister administering the National Parks and
Wildlife Act 1974, for the purposes of Part 11 of that Act, certain access roads that
are within former State forests and Crown land transferred to the national park estate
by the National Park Estate (Southern Region Reservations) Act 2000. Under the
clause, that Minister is required to declare which of the access roads are reserved as
part of the national park estate, and which are not, by 31 December 2005. Schedule
3 [3] extends this deadline to 31 December 2007.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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