NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71BC Addition of lands not already reserved under Act

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 71BC

71BC Addition of lands not already reserved under Act

(1) The Governor may, by proclamation published in the Gazette, reserve or dedicate, as part of an area leased under this Part any of the following--

(a) Crown lands,

(b) lands of the Crown,

(c) lands acquired under section 145, 146 or 148,

(d) Aboriginal lands.

(2) On the publication of the proclamation--

(a) the lands described in the proclamation become Crown lands to the extent to which they were not Crown lands immediately before that publication, and

(b) if a trustee of all or any part of the lands so described was holding office under any this or any other Act immediately before that publication, the trustee ceases to hold that office in respect of those lands, and

(c) any by-laws or regulations that, immediately before that publication, applied to the lands cease to apply so far as they relate to the lands, and

(d) the lands are reserved as part of the area, and

(e) the lands are vested, or in the case of Aboriginal lands, remain vested, in the Aboriginal Land Council or Councils in which the area is vested, and

(f) the care, control and management of the lands is to be exercised--

(i) by the board of management for the area, or

(ii) if a board of management has not been established for the area, by the Secretary until a board of management is established for the area, and

(g) the lease over the area is taken to extend and apply to the lands in the same way that it applies to the area, and

(h) the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area.

(3) Subsection (2) applies, in relation to the lands added to the area, subject to the following--

(a) any native title rights and interests in relation to the lands,

(b) any existing interest within the meaning of section 39.

(3A) Despite subsection (2) (h), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category.

Note : For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land.

(4) To the extent to which a reservation (other than a reservation under Division 4 or this Division), Crown grant or vesting affects lands described in a proclamation published under this section, the publication revokes the reservation, grant or vesting, and the instruments of title (if any) must be surrendered for cancellation or notation.

(5) In this section,
"Aboriginal lands" , in relation to an Aboriginal Land Council or Councils that are the lessors of an area leased under this Part, means--

(a) lands owned in fee simple by the Aboriginal Land Council or Councils (other than lands referred to in paragraph (b)), or

(b) lands granted to the Aboriginal Land Council or Councils under Part 2 of the Aboriginal Land Rights Act 1983 , whether or not subject to conditions of the kind referred to in section 36A (2) of that Act,

that the Aboriginal Land Council or Councils have requested, by written notice served on the Minister, be reserved as part of the area vested in the Aboriginal Land Council or Councils.