NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 146 Acquisition or occupation of lands for certain purposes

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 146

146 Acquisition or occupation of lands for certain purposes

(1) For the purpose of--

(a) improving access to any land reserved or dedicated or acquired under this Act,

(b) the management, maintenance or improvement of any such land, or

(c) carrying out works for any of those purposes,

the Minister may--

(d) on behalf of Her Majesty, enter into, and give effect to, an agreement for the vesting in, surrender to, or leasing to, Her Majesty, or for the occupation under licence, of any land adjoining or in the vicinity of the land so reserved or dedicated, or

(e) acquire any land (including an interest in land) adjoining or in the vicinity of the land so reserved or dedicated by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(2) For the purpose of obtaining lands for use in connection with the administration of this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 , the Minister may--

(a) on behalf of Her Majesty, enter into, and give effect to, an agreement for the vesting in, surrender to, or leasing to, Her Majesty, or for the occupation under licence, of any land, or

(b) acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(2A) The Minister may, on behalf of the Crown, acquire land (including an interest in land) for the purpose of a future lease grant or dealing by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(2B) An acquisition for a future lease grant or dealing is an acquisition--

(a) to enable the reservation or dedication of land under this Act and the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to the land, or

(b) to enable the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to land already reserved or dedicated under this Act.

(2C) The publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for a purpose that is described as a future lease grant or dealing does not--

(a) to the extent to which the land referred to in the acquisition notice was Crown land immediately before the publication of the acquisition notice, affect the status of the land as Crown land, or

(b) operate to revoke any reservation as national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve of the land referred to in the acquisition notice.

(2D) Nothing in this section is taken to mean that the Minister cannot exercise functions in relation to land under this Act unless the Minister first compulsorily acquires the land concerned.

(2E) Subsection (2A) does not limit the purposes for which land may be acquired under section 145 or any other provision of this Act.

(3) The Minister or Secretary may, for the purpose of the management, maintenance or improvement of any land reserved or dedicated under this Act, enter into and give effect to an agreement with the owner or lessee of the land, as the case requires, concerning the management or care of any land adjoining or in the vicinity of land so reserved or dedicated.