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FORESTRY REVOCATION AND NATIONAL PARK RESERVATION ACT 1996 - SCHEDULE 4

SCHEDULE 4 – Ancillary provisions

(Section 12)

1 Definitions

In this Schedule:
"Forestry Act" means the Forestry Act 1916 .
"NPW Act" means the National Parks and Wildlife Act 1974 .

2 Revocation of dedication of State forest

Section 4 has effect despite the provisions of the Forestry Act.

3 Reservation of lands as national parks

(1) The lands reserved as national parks by section 5 (2)-(10) are, for the purposes of the NPW Act, taken to have been so reserved by proclamation made under section 33 (2) of that Act.
(2) The lands reserved as parts of national parks by sections 5 (11)-(25), 7 and 9 (6) (b) are, for the purposes of the NPW Act, taken to have been so reserved by proclamation made under section 33 (3) of that Act.
(3) A reference in the NPW Act to the publication of a proclamation under section 33 (2) or (3) of that Act is, in relation to a reservation referred to in section 5, 7 or 9, taken to be a reference to the enactment of this Act.
(4) Section 35 of the NPW Act does not apply to a reservation of land as, or as part of, a national park that is effected by this Act.

4 Names of national parks

(1) A name assigned to a national park by section 5 (2)-(10) is taken to have been assigned to that park by a proclamation referred to in section 36 (a) of the NPW Act.
(2) The alteration of the name of a national park by section 8 is taken to have been made by a proclamation referred to in section 36 (b) of the NPW Act.

5 Dedication of lands as nature reserve

(1) The lands dedicated as a nature reserve by section 6 (2) are, for the purposes of the NPW Act, taken to have been so dedicated by proclamation made under section 49 (1) of that Act.
(2) The lands dedicated as part of a nature reserve by section 6 (3) or 9 (6) (b) are, for the purposes of the NPW Act, taken to have been so dedicated by proclamation made under section 49 (2) of that Act.
(3) A reference in the NPW 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 is, in relation to a dedication referred to in section 6 or 9, taken to be a reference to the enactment of this Act.
(4) Section 35 of the NPW Act as applied to nature reserves by section 58 (b) of that Act does not apply to a dedication of land as, or as part of, a nature reserve that is effected by this Act.

6 Name of nature reserve

A name assigned to a nature reserve by section 6 (2) is taken to have been assigned to that reserve by a proclamation referred to in section 51 (a) of the NPW Act.

7 Existing leases under Forestry Act

Section 42 (2) of the NPW Act applies to and in respect of a lease under the Forestry Act, being a lease:

(a) affecting any of the lands described in Schedule 2, 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, affecting lands within a national park.

8 Administration of existing leases and similar interests

(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 Schedule 2, is vested in the Minister administering the NPW Act.
(3) For the purposes of subclause (2), the Minister administering the NPW Act has:
(a) in respect of existing interests under the Forestry Act-the powers of the Minister administering that Act, and
(b) in respect of existing interests under the Crown Lands Act 1989 -the powers of the Minister administering that Act.

9 Saving in relation to revocations

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



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