New South Wales Consolidated Acts

NATIVE TITLE (NEW SOUTH WALES) ACT 1994 - SECT 104A

104A Saving of native title rights and interests with respect to national parks and other reservations, dedications or declarations

(1) This section applies to the following acts:

(a) a reservation, dedication or vesting of, or declaration over, land or waters by the operation of the Brigalow and Nandewar Community Conservation Area Act 2005 , the Western Sydney Parklands Act 2006 , the Sporting Venues Authorities Act 2008 , the Forestry Revocation and National Park Reservation Act 1996 , the Forestry and National Park Estate Act 1998 , the National Park Estate (Southern Region Reservations) Act 2000 , the National Park Estate (Reservations) Act 2002 , the National Park Estate (Reservations) Act 2003 , the National Park Estate (Lower Hunter Region Reservations) Act 2006 , the National Park Estate (Riverina Red Gum Reservations) Act 2010 , the National Park Estate (South-Western Cypress Reservations) Act 2010 , the National Park Estate (Reservations) Act 2005 , the National Parks and Wildlife (Adjustment of Areas) Act 2006 or Schedule 2 to the National Parks and Wildlife Act 1974 ,

(b) a proclamation or notice under the National Parks and Wildlife Act 1974 that reserves or dedicates land or waters with effect on or after 1 January 1994 (including a provision of an Act that is taken to operate as such a proclamation or notice),

(c) a notification under the Wilderness Act 1987 or the National Parks and Wildlife Act 1974 that declares an area of land or waters to be a wilderness area with effect on or after 1 January 1994 (including a provision of an Act that is taken to operate as such a notification),

(c1) a notice under section 188C of the National Parks and Wildlife Act 1974 that adjusts the boundary of land reserved under that Act, or acquired under Part 11 of that Act, that adjoins a public road,

(c2) an order under section 188D (5) of the National Parks and Wildlife Act 1974 that operates to reserve land under that Act or vest land for the purposes of Part 11 of that Act,

(d) an order under section 24 of the Sporting Venues Authorities Act 2008 that vests land in a sporting venues authority,

(e) a proclamation under the Marine Parks Act 1997 that declares an area of land or waters to be a marine park or part of a marine park (including a provision of an Act that is taken to operate as such a proclamation),

(f) a notice under the Fisheries Management Act 1994 that declares an area to be an aquatic reserve or part of an aquatic reserve,

(g) an order under section 19 of the State Property Authority Act 2006 that vests property in the State Property Authority,

(h) an order under section 34 of the Western Sydney Parklands Act 2006 that vests land in the Western Sydney Parklands Trust.

(2) An act to which this section applies does not operate to extinguish, and is taken never to have operated to extinguish, any native title rights and interests existing in relation to land or waters immediately before the act.

(3) The relevant provisions of the National Parks and Wildlife Act 1974 , the Wilderness Act 1987 , the Marine Parks Act 1997 , the Crown Lands Act 1989 , the Fisheries Management Act 1994 , the State Property Authority Act 2006 and the regulations or other instruments made under those Acts (and any related Act or law) do not apply, and cannot be applied, so as to affect those native title rights and interests. The relevant provisions are those provisions that apply because the land or waters concerned are reserved, dedicated, declared or vested under any such Act.

Note: An act “affects” native title rights and interests if it extinguishes those rights and interests or if it is wholly or partially inconsistent with their continued existence, enjoyment or exercise-see sec 227 NTA and sec 5 of this Act.

(4) To the extent (if any) that an act to which this section applies was invalid because of those native title rights and interests, an act of the same kind is taken to have effect on the commencement of this section, subject to subsections (2) and (3).

(5) However, this section does not affect:

(a) any extinguishment of those native title rights and interests, or

(b) any validation of an act, or

(c) any application of the relevant provisions referred to in subsection (3), or

(d) any other effect on those native title rights and interests,

by the operation of, or by anything done under, the Commonwealth Native Title Act or the other provisions of this Act.