New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE (ADJUSTMENT OF AREAS) ACT 2001 - SECT 5

5 Land to vest in Minister

(1) On the revocation under this Act of the reservation or dedication of land as national park or nature reserve, the land whose reservation or dedication is so revoked ( "the excised land") vests in the Minister administering the National Parks and Wildlife Act 1974 ( "the Minister") for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, and rights of way or other easements.

(2) The Minister may sell, grant leases of, dispose of or otherwise deal with the excised land.

(3) Proceeds of any dealing by the Minister with the excised land are to be paid into the National Parks and Wildlife Fund established under that Act.

(4) This section is identified for the purposes of section 150 of the National Parks and Wildlife Act 1974 .

(5) This subsection applies to any excised land that is part of Myall Lakes National Park, Brunswick Heads Nature Reserve or Karuah Nature Reserve. The Minister is not to transfer under this section any such excised land, or an interest in any such excised land, for the purposes of upgrading the Pacific Highway unless the Minister first enters into an agreement with the Minister for Roads for the transfer of other land into the national park estate as compensation for the excision of that land (being other land that the first mentioned Minister is satisfied is of equal or greater conservation value in terms of natural and cultural heritage).

(6) This subsection applies to any excised land that is part of Barren Grounds Nature Reserve. The Minister is not to transfer under this section any such excised land, or an interest in any such excised land, to or for the benefit of an owner of adjoining land unless the Minister first enters into an agreement with that owner for the transfer of other land into the national park estate as compensation for the excision of that land (being other land the Minister is satisfied is of equal or greater conservation value in terms of natural and cultural heritage).

(7) This subsection applies to any excised land:

(a) that is part of Blue Mountains National Park, Brisbane Water National Park, Georges River National Park or Mount Warning National Park, or

(b) that is part of Kororo Nature Reserve, Munghorn Gap Nature Reserve, Wamberal Lagoon Nature Reserve or Wee Jasper Nature Reserve. The Minister is not to transfer under this section any such excised land, or an interest in any such excised land, unless other land is first transferred into the national park estate as compensation for the excision of that land (being other land the Minister is satisfied is of equal or greater conservation value in terms of natural and cultural heritage).

(8) For the purposes of this section, the national park estate comprises land reserved or dedicated under the National Parks and Wildlife Act 1974 or land acquired by the Minister under Part 11 of that Act for the purposes of its reservation or dedication under that Act.