New South Wales Consolidated Acts

FORESTRY REVOCATION AND NATIONAL PARKS RESERVATION ACT 1984 - SCHEDULE 5

SCHEDULE 5 – Ancillary provisions

(Section 6)

1 Revocations of State forests

Sections 2 and 3 have effect notwithstanding the provisions of the Forestry Act 1916 .

2 Reservation of lands as parts of national parks

(1) The lands reserved as parts of national parks by section 4 shall, for the purposes of the National Parks and Wildlife Act 1974 (other than section 35 of that Act), be deemed to have been so reserved by proclamation made under section 33 (3) of that Act.

(2) A reference in the National Parks and Wildlife Act 1974 (other than in section 35 of that Act), to the publication of a proclamation under section 33 (3) of that Act shall, in relation to a reservation referred to in section 4, be deemed to be a reference to the enactment of this Act.

3 Dedication of lands as nature reserve

(1) The lands dedicated as a nature reserve by section 5 (1) shall, for the purposes of the National Parks and Wildlife Act 1974 (other than section 35 of that Act as applied to nature reserves by section 58 (b) of that Act), be deemed to have been so dedicated by proclamation made under section 49 (1) of that Act.

(2) The lands dedicated as parts of a nature reserve by section 5 (2) shall, for the purposes of the National Parks and Wildlife Act 1974 (other than section 35 of that Act as applied to nature reserves by section 58 (b) of that Act), be deemed to have been so dedicated by proclamation made under section 49 (2) of that Act.

(3) A reference in the National Parks and Wildlife Act 1974 (other than in section 35 of that Act), being a reference to, or a reference to be construed as a reference to, the publication of a proclamation under section 49 (1) or (2) of that Act shall, in relation to a dedication referred to in section 5, be deemed to be a reference to the enactment of this Act.

4 Name of nature reserve

The name assigned to a nature reserve by section 5 (1) shall be deemed to have been assigned to that reserve by a proclamation referred to in section 51 (a) of the National Parks and Wildlife Act 1974 .

5 Existing leases under the Forestry Act 1916

(1) Section 42 (2) of the National Parks and Wildlife Act 1974 , applies to and in respect of a lease under the Forestry Act 1916 , being a lease:

(a) affecting any of the lands described in Parts 1-4 of Schedule 1, and

(b) current and in force immediately before the commencement of this Act,

in the same way as it applies to a licence or permit under the Forestry Act 1916 , affecting lands within a national park.

(2) Section 55 (2) of the National Parks and Wildlife Act 1974 , applies to and in respect of a lease under the Forestry Act 1916 , being a lease:

(a) affecting any of the lands described in Parts 5 and 6 of Schedule 1, and

(b) current and in force immediately before the commencement of this Act,

in the same way as it applies to a licence or permit under the Forestry Act 1916 , affecting lands within a nature reserve.

6 Administration of existing leases etc

(1) In this clause, "existing interest" means a lease, licence, permit or occupancy current and in force immediately before the commencement of this Act.

(2) The administration of matters relating to existing interests, to the extent that those interests affect any of the lands described in Schedules 1-4, is vested in the Minister administering the National Parks and Wildlife Act 1974 .

(3) For the purposes of subclause (2), the Minister administering the National Parks and Wildlife Act 1974 , shall have:

(a) in respect of existing interests under the Forestry Act 1916 -the powers of the Minister administering that Act, and

(b) in respect of existing interests under the Crown Lands Consolidation Act 1913 -the powers of the Minister administering that Act.

7 Saving

A revocation effected by this Act does not affect anything done or omitted to be done before the commencement of this Act.