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NATURE CONSERVATION ACT 2002 - SECT 21 Revocation of reservations

NATURE CONSERVATION ACT 2002 - SECT 21

Revocation of reservations

(1)  Subject to this section, the Governor by proclamation may declare that any area of land ceases to be, or to form part of, reserved land.
(2)  If an area of land is declared under subsection (1) to cease to be, or to form part of, reserved land, that area of land ceases to be, or to form part of, reserved land –
(a) in the case of reserved land in the class of private sanctuary or private nature reserve, on the day the proclamation is registered under section 22; or
(b) in any other case –
(i) on the day specified in the proclamation; or
(ii) if a day is not specified in the proclamation, on the day the proclamation is notified in the Gazette .
(3)  A proclamation may not be made under subsection (1) in respect of a leased reserve.
(4)  Subject to subsection (5) , a proclamation may not be made under subsection (1) unless a draft of the proclamation has been first approved by each House of Parliament.
(5)  Subsection (4) does not apply to a proclamation relating to reserved land in the class of private sanctuary.
(6)  A proclamation may not be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under section 25 for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that –
(a) the owner has refunded –
(i) any money paid for the purpose of securing that reserve; or
(ii) an appropriate proportion of that money; or
(b) the owner has refunded –
(i) any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or
(ii) an appropriate proportion of that money; or
(c) the owner has refunded –
(i) any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or
(ii) an appropriate proportion of that money; or
(d) special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money.
(7)  For the purposes of this section, a House of Parliament is to be taken to have approved a draft of a proclamation that relates to reserved land in the class of conservation area, nature recreation area or regional reserve if a copy of it has been laid on the table of the House and –
(a) it is approved by the House; or
(b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.