Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


RESERVES (NATIONAL PARKS, CONSERVATION PARKS AND OTHER RESERVES) BILL 2004

                       Western Australia


Reserves (National Parks, Conservation Parks
       and Other Reserves) Bill 2004

                          CONTENTS


      Part 1 -- Preliminary
1.    Short title                                             2
2.    Commencement                                            2
3.    Terms used in this Act                                  2
4.    Plans                                                   2
5.    Registrar of Titles to take certain measures            3
6.    Native title rights and interests                       3
      Part 2 -- National parks
7.    Class A reserve No. 47891 in the Shires of Denmark
      and Plantagenet                                         4
8.    Class A reserve No. 47889 in the Shires of Denmark
      and Manjimup                                            5
9.    Class A reserve No. 47885 in the Shires of
      Bridgetown-Greenbushes, Donnybrook-Balingup and
      Nannup                                                  6
10.   Class A reserve No. 47888 in the Shire of Manjimup      7
11.   Class A reserve No. 40837 in the Shire of Manjimup
      (Mount Frankland National Park)                         8
12.   Class A reserve No. 47887 in the Shires of Busselton
      and Augusta-Margaret River                              8
13.   Class A reserve No. 47886 in the Shires of Manjimup
      and Cranbrook                                           9
14.   Class A reserve 47878 in the Shires of Manjimup and
      Nannup                                                 10
15.   Class A reserve No. 47890 in the Shires of Denmark,
      Manjimup and Plantagenet                               11



                             346--1                          page i
Reserves (National Parks, Conservation Parks and Other Reserves)
Bill 2004



Contents


   16.     Class A reserve No. 47877 in the Shire of Nannup        13
   17.     Class A reserve No. 47956 in the Shire of
           Augusta-Margaret River                                  13
           Part 3 -- Conservation parks
   18.     Class A reserve No. 47892 in the Shire of
           Bridgetown-Greenbushes                                  16
   19.     Reserve No. 47893 in the Shire of
           Donnybrook-Balingup                                     16
           Part 4 -- Other reserves
   20.     Class A nature reserve No. 47879 in the Shires of
           Boyup Brook, Manjimup and Cranbrook                     17
   21.     Reserve No. 46405 in the Shire of Denmark               20




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY



 Reserves (National Parks, Conservation Parks
        and Other Reserves) Bill 2004


                               A Bill for


An Act --
· to excise certain areas of land from State forest, timber reserves
   and other reserves;
· to cancel the purpose of timber reserves and to cancel other
   reserves;
· to reserve land for the purpose of national parks, conservation
   parks, a nature reserve and another reserve; and
· to effect certain other changes to land.



The Parliament of Western Australia enacts as follows:




                                                               page 1
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 1         Preliminary

     s. 1


                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Reserves (National Parks,
                Conservation Parks and Other Reserves) Act 2004.

5    2.         Commencement
          (1)   Subject to subsection (2), this Act comes into operation on the
                day on which it receives the Royal Assent.
          (2)   Section 11 comes into operation on a day fixed by proclamation.

     3.         Terms used in this Act
10              In this Act --
                "CALM Act" means the Conservation and Land Management
                    Act 1984;
                "class A reserve" has the meaning given to that term in the
                    LA Act section 3(1);
15              "conservation park" has the meaning given to that term in the
                    CALM Act sections 6(4) and 16B(3);
                "Crown land" has the meaning given to that term in the
                    LA Act section 3(1);
                "LA Act" means the Land Administration Act 1997;
20              "national park" has the meaning given to that term in the
                    CALM Act sections 6(3) and 16B(3);
                "unallocated Crown land" has the meaning given to that term
                    in the LA Act section 3(1).

     4.         Plans
25        (1)   The plans referred to in this Act are held by the Land Records
                Management section of the Department of Land Information.
          (2)   A reference in this Act to an area of land that is shown as
                coloured green or blue or bordered green or red on a plan is a


     page 2
                Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                        Bill 2004
                                                       Preliminary         Part 1

                                                                                  s. 5


                 reference to that area of land as so shown on that plan on the
                 day referred to in section 2(1).

     5.          Registrar of Titles to take certain measures
                 The Registrar of Titles is to take any necessary measures to
5                register the amendments to, reservations and classifications of,
                 and other changes to land effected by this Act, and for that
                 purpose this Act may be treated as if it were an order under the
                 LA Act.

     6.          Native title rights and interests
10        (1)    In this section --
                 "affect" has the meaning given to that term in the NTA
                      section 227;
                 "native title rights and interests" has the meaning given to
                      that term in the NTA section 223;
15               "NTA" means the Native Title Act 1993 of the Commonwealth.
          (2)    Nothing done by or under this Act operates to affect any native
                 title rights and interests.
          (3)    Subsection (2) does not apply to the extent that the effect on
                 those rights and interests is valid by the operation of, or by
20               anything done under, the NTA or a law of this State.




                                                                            page 3
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 7


                           Part 2 -- National parks
     7.         Class A reserve No. 47891 in the Shires of Denmark and
                Plantagenet
          (1)   State forest No. 64 is amended by excising an area of about
5               36 146 ha, being part of the land in Lots 3060, 3061 and 3062 as
                shown coloured green on Deposited Plan 36450.
          (2)   Reserve No. 2489, comprising an area of 40.468 6 ha reserved
                for the purpose of water, is amended by excising an area of
                about 19 ha, being part of the land in Lot 3060 as shown
10              coloured green on Deposited Plan 36450.
          (3)   Reserve No. 19292, comprising an area of 44.750 6 ha reserved
                for the purpose of the protection of flora (boronia), is cancelled
                under the LA Act.
          (4)   Reserve No. 24660, comprising an area of 35 788 ha reserved
15              for the purpose of water catchment area, Denmark River, is
                amended by excising an area of about 7 814 ha, being part of
                the land in Lots 3060 and 3061 as shown coloured green on
                Deposited Plan 36450.
          (5)   Reserve No. 29660, comprising an area of 54 886 ha reserved
20              for the purpose of Kent River water catchment area, is amended
                by excising an area of about 941 ha, being part of the land in
                Lot 3060 as shown coloured green on Deposited Plan 36450.
          (6)   Reserve No. 30456, comprising an area of about 789.946 4 ha
                reserved for the purpose of native flora, and being the land in
25              Hay Locations 2293, 2294 and 2295, is amended by excising an
                area of about 692 ha, being part of the land in Lots 3061 and
                3062 as shown coloured green on Deposited Plan 36450.
          (7)   Reserve No. 35168, comprising an area of 1 111.276 6 ha
                reserved for the purpose of the conservation of flora and fauna
30              and being the land in Hay Locations 134, 547, 2193, 2194 and
                2334 as shown bordered red on Deposited Plans 91207 and
                119975, is cancelled under the LA Act.

     page 4
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     National parks         Part 2

                                                                                s. 8


           (8)    All those portions of unnamed road as shown on Deposited
                  Plans 80270, 128108, 133788, 208686, 208698 and 230620,
                  comprising an area of about 46 ha and being part of the land in
                  Lot 3062 as shown coloured green on Deposited Plan 36450, are
5                 closed under the LA Act.
           (9)    On the closure of the portions of road mentioned in
                  subsection (8) --
                    (a) all rights of way over the land comprising the former
                          portions of road cease; and
10                  (b) that land becomes unallocated Crown land.
          (10)    The easement shown on Deposited Plan 36450 is granted under
                  the LA Act section 144 to the proprietor of the land (the
                  "benefited land") in Lot 2286 as shown on Deposited
                  Plan 180681 over the land in Lot 3062 as shown coloured green
15                on Deposited Plan 36450 for the purpose of access to the
                  benefited land.
          (11)    The land in Lots 3060, 3061 and 3062 as shown coloured green
                  on Deposited Plan 36450, comprising an area of about
                  39 541 ha, is --
20                  (a) reserved under the LA Act Part 4 for the purpose of a
                         national park; and
                   (b) classified under that Act as class A reserve No. 47891.

     8.           Class A reserve No. 47889 in the Shires of Denmark and
                  Manjimup
25         (1)    State forest No. 41, State forest No. 43, State forest No. 46,
                  State forest No. 47, State forest No. 48 and State forest No. 59
                  are amended by excising an area of about 911 ha, an area of
                  about 8 629 ha, an area of about 9 808 ha, an area of about
                  2 952 ha, an area of about 2 380 ha and an area of about
30                14 189 ha respectively, being the land in Lot 333 as shown
                  coloured green on Deposited Plan 36448.



                                                                             page 5
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 9


          (2)   The area of about 1 724 ha of land comprising State forest
                No. 44 as shown on Deposited Plan 203879 is declared under
                the CALM Act section 9 no longer to be a State forest.
          (3)   All those portions of unnamed road as shown on Deposited
5               Plans 201640, 202992 and 203453, comprising an area of about
                15 ha and being part of the land in Lot 333 as shown on
                Deposited Plan 36448, are closed under the LA Act.
          (4)   All that portion of unsurveyed road No. 3792, comprising an
                area of about 31 ha and being part of the land in Lot 333 as
10              shown on Deposited Plan 36448, is closed under the LA Act.
          (5)   On the closure of the portions of road mentioned in
                subsections (3) and (4) --
                  (a) all rights of way over the land comprising the former
                        portions of road cease; and
15                (b) that land becomes unallocated Crown land.
          (6)   Reserve No. 31501, comprising an area of about 2 216 ha
                reserved for the purpose of water supply and being the land
                shown bordered red on Deposited Plan 219920, is amended by
                excising an area of about 1 522 ha, being part of the land in
20              Lot 333 as shown coloured green on Deposited Plan 36448.
          (7)   The land in Lot 333 as shown coloured green on Deposited
                Plan 36448, comprising an area of about 42 283 ha, is --
                  (a) reserved under the LA Act Part 4 for the purpose of a
                       national park; and
25                (b) classified under that Act as class A reserve No. 47889.

     9.         Class A reserve No. 47885 in the Shires of
                Bridgetown-Greenbushes, Donnybrook-Balingup and
                Nannup
          (1)   State forest No. 34 is amended by excising an area of about
30              2 374 ha, being part of the land in Lot 300 as shown coloured
                green on Deposited Plan 36444.


     page 6
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     National parks         Part 2

                                                                              s. 10


           (2)    All that portion of unnamed road as shown on Deposited
                  Plans 131678 and 131681, comprising an area of about 3.2 ha
                  and being part of the land in Lot 300 as shown coloured green
                  on Deposited Plan 36444, is closed under the LA Act.
5          (3)    On the closure of the portion of road mentioned in
                  subsection (2) --
                    (a) all rights of way over the land comprising the former
                          portion of road cease; and
                    (b) that land becomes unallocated Crown land.
10         (4)    The land in Lot 300 as shown coloured green on Deposited
                  Plan 36444, comprising an area of about 2 377 ha, is --
                    (a) reserved under the LA Act Part 4 for the purpose of a
                         national park; and
                    (b) classified under that Act as class A reserve No. 47885.

15   10.          Class A reserve No. 47888 in the Shire of Manjimup
           (1)    State forest No. 55 and State forest No. 59 are amended by
                  excising an area of about 2 728 ha and an area of about
                  19 323 ha respectively, being part of the land in Lot 3020 as
                  shown coloured green on Deposited Plan 36447.
20         (2)    All that portion of unnamed road as shown on Deposited
                  Plan 225852, comprising an area of about 2.5 ha and being part
                  of the land in Lot 3020 as shown coloured green on Deposited
                  Plan 36447, is closed under the LA Act.
           (3)    On the closure of the portion of road mentioned in
25                subsection (2) --
                    (a) all rights of way over the land comprising the former
                          portion of road cease; and
                    (b) that land becomes unallocated Crown land.




                                                                             page 7
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 11


           (4)   The land in Lot 3020 as shown coloured green on Deposited
                 Plan 36447, comprising an area of about 22 053 ha, is --
                   (a) reserved under the LA Act Part 4 for the purpose of a
                        national park; and
5                  (b) classified under that Act as class A reserve No. 47888.

     11.         Class A reserve No. 40837 in the Shire of Manjimup (Mount
                 Frankland National Park)
           (1)   State forest No. 41, State forest No. 55 and State forest No. 59
                 are amended by excising an area of about 6 017 ha, an area of
10               about 71 ha and an area of about 179 ha respectively, being the
                 land in Lots 310, 311 and 312 as shown coloured green on
                 Deposited Plan 43042.
           (2)   Class A reserve No. 40837, comprising an area of about
                 31 092 ha reserved for the purpose of a national park, is
15               amended by adding the land excised under subsection (1) so that
                 the reserve comprises an area of about 37 359 ha, being --
                   (a) the land in Nelson Locations 13309, 13310 and 13489
                         and Hay Location 2365 as shown bordered red on
                         Deposited Plans 240296, 240297 and 219163; and
20                 (b) the land in Lots 310, 311 and 312 as shown coloured
                         green on Deposited Plan 43042.

     12.         Class A reserve No. 47887 in the Shires of Busselton and
                 Augusta-Margaret River
           (1)   State forest No. 33 is amended by excising an area of about
25               6 330 ha, being part of the land in Lot 301 as shown coloured
                 green on Deposited Plan 43036.
           (2)   All those portions of unnamed road as shown on Deposited
                 Plans 203004 and 203006, comprising an area of about 14 ha
                 and being part of the land in Lot 301 as shown coloured green
30               on Deposited Plan 43036, are closed under the LA Act.




     page 8
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     National parks         Part 2

                                                                               s. 13


           (3)    On the closure of the portions of road mentioned in
                  subsection (2) --
                    (a) all rights of way over the land comprising the former
                          portions of road cease; and
5                   (b) that land becomes unallocated Crown land.
           (4)    The land in Lot 301 as shown coloured green on Deposited
                  Plan 43036, comprising an area of about 6 343 ha, is --
                    (a) reserved under the LA Act Part 4 for the purpose of a
                         national park; and
10                  (b) classified under that Act as class A reserve No. 47887.
           (5)    The reservation and classification of land under subsection (4)
                  are limited to a depth of 200 m from the natural surface of that
                  land.

     13.          Class A reserve No. 47886 in the Shires of Manjimup and
15                Cranbrook
           (1)    State forest No. 55 is amended by excising an area of about
                  9 611 ha, being part of the land in Lot 3065 as shown coloured
                  green on Deposited Plan 36445.
           (2)    All that portion of road No. 3792 as shown on Deposited
20                Plan 225852, comprising an area of about 11 ha and being part
                  of the land in Lot 3065 as shown coloured green on Deposited
                  Plan 36445, is closed under the LA Act.
           (3)    All those portions of unnamed road as shown on Deposited
                  Plan 225878, comprising an area of about 3 ha and being part of
25                the land in Lot 3065 as shown coloured green on Deposited
                  Plan 36445, are closed under the LA Act.
           (4)    On the closure of the portions of road mentioned in
                  subsections (2) and (3) --
                    (a) all rights of way over the land comprising the former
30                        portions of road cease; and
                    (b) that land becomes unallocated Crown land.

                                                                             page 9
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 14


           (5)   The land in Lot 3065 as shown coloured green on Deposited
                 Plan 36445, comprising an area of about 9 625 ha, is --
                   (a) reserved under the LA Act Part 4 for the purpose of a
                        national park; and
5                  (b) classified under that Act as class A reserve No. 47886.

     14.         Class A reserve 47878 in the Shires of Manjimup and
                 Nannup
           (1)   State forest No. 36 and State forest No. 39 are amended by
                 excising an area of about 1 928 ha and an area of about
10               12 015 ha respectively, being part of the land in Lots 3091,
                 3092, 3093 and 3094 as shown coloured green on Deposited
                 Plan 36434.
           (2)   All those portions of unnamed road as shown on Deposited
                 Plans 140405, 175517, 201627, 225781, 225782, 229257 and
15               229270, comprising an area of about 61 ha and being part of the
                 land in Lots 3091, 3093 and 3094 as shown coloured green on
                 Deposited Plan 36434, are closed under the LA Act.
           (3)   On the closure of the portions of road mentioned in
                 subsection (2) --
20                 (a) all rights of way over the land comprising the former
                         portions of road cease; and
                   (b) that land becomes unallocated Crown land.
           (4)   The land in Lots 3091, 3092, 3093 and 3094 as shown coloured
                 green on Deposited Plan 36434, comprising an area of about
25               14 004 ha, is --
                   (a) reserved under the LA Act Part 4 for the purpose of a
                        national park; and
                   (b) classified under that Act as class A reserve No. 47878.




     page 10
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     National parks         Part 2

                                                                                s. 15


     15.          Class A reserve No. 47890 in the Shires of Denmark,
                  Manjimup and Plantagenet
           (1)    State forest No. 43, State forest No. 55, State forest No. 59 and
                  State forest No. 64 are amended by excising an area of about
5                 8 824 ha, an area of about 2 638 ha, an area of about 5 517 ha
                  and an area of about 23 368 ha respectively, being part of
                  the land in Lot 340 as shown coloured green on Deposited
                  Plan 36449.
           (2)    Reserve No. 15167, being reserved for the purpose of timber
10                and being the land in Hay Locations 1615, 1624, 1625, 2327
                  and 2328 and Plantagenet Locations 7357 and 7358 as shown
                  bordered red on Deposited Plan 240077, is cancelled under the
                  LA Act.
           (3)    Reserve No. 19881, being reserved for the purpose of the
15                conservation of flora and fauna and being the land in Hay
                  Locations 2370, 2371 and 2372 as shown bordered red on
                  Deposited Plans 190553 and 240366, is cancelled under the
                  LA Act.
           (4)    Reserve No. 24660, comprising an area of 35 788 ha reserved
20                for the purpose of water catchment area, Denmark River, is
                  amended by excising an area of about 20 994 ha, being part of
                  the land in Lot 340 as shown coloured green on Deposited
                  Plan 36449.
           (5)    Reserve No. 29660, comprising an area of 54 886 ha reserved
25                for the purpose of Kent River catchment area, is amended by
                  excising an area of about 49 813 ha, being part of the land in
                  Lot 340 as shown coloured green on Deposited Plan 36449.
           (6)    Reserve No. 30039, being reserved for the purpose of gravel
                  and being the land in Hay Location 2288 as shown bordered red
30                on Deposited Plan 173795, is cancelled under the LA Act.
           (7)    Reserve No. 38778, being reserved for the purpose of water
                  supply and being the land in Hay Location 2353 as shown



                                                                             page 11
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 15


               bordered green on Deposited Plan 203468, is cancelled under
               the LA Act.
        (8)    Class A reserve No. 45995, being reserved for the purpose of a
               national park and being the land in Hay Location 2404 as shown
5              bordered green on Deposited Plan 220623, is cancelled under
               the LA Act.
        (9)    All that portion of Gum Road as shown on Deposited
               Plans 202994, 202995 and 202998, comprising an area of about
               7 ha and being part of the land in Lot 340 as shown coloured
10             green on Deposited Plan 36449, is closed under the LA Act.
       (10)    All that portion of road No. 8603 as shown on Deposited
               Plans 202982, 202989, 202994 and 202995, comprising an area
               of about 7.5 ha and being part of the land in Lot 340 as shown
               coloured green on Deposited Plan 36449, is closed under the
15             LA Act.
       (11)    All those portions of unnamed road as shown on Deposited
               Plans 202471, 202982, 202985, 202989, 202998, 203402,
               203418, 203468, 207815 and 241456, comprising an area of
               about 75 ha and being part of the land in Lot 340 as shown
20             coloured green on Deposited Plan 36449, are closed under the
               LA Act.
       (12)    On the closure of the portions of road mentioned in
               subsections (9), (10) and (11) --
                 (a) all rights of way over the land comprising the former
25                    portions of road cease; and
                 (b) that land becomes unallocated Crown land.
       (13)    The land in Lot 340 as shown coloured green on Deposited
               Plan 36449, comprising an area of about 127 726 ha, is --
                 (a) reserved under the LA Act Part 4 for the purpose of a
30                    national park; and
                 (b) classified under that Act as class A reserve No. 47890.



     page 12
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     National parks         Part 2

                                                                                 s. 16


     16.          Class A reserve No. 47877 in the Shire of Nannup
           (1)    State forest No. 35 and State forest No. 58 are amended by
                  excising an area of about 2 872 ha and an area of about 109 ha
                  respectively, being part of the land in Lots 3010 and 3011 as
5                 shown coloured green on Deposited Plan 36433.
           (2)    All that portion of Iffley Road as shown on Deposited
                  Plan 229284, comprising an area of about 1 ha and being part of
                  the land in Lot 3011 as shown coloured green on Deposited
                  Plan 36433, is closed under the LA Act.
10         (3)    All those portions of Vasse Highway as shown coloured blue on
                  Deposited Plan 219111, comprising an area of 2.643 9 ha, are
                  closed under the LA Act.
           (4)    On the closure of the portions of road mentioned in
                  subsections (2) and (3) --
15                  (a) all rights of way over the land comprising the former
                          portions of road cease; and
                    (b) that land becomes unallocated Crown land.
           (5)    The land in Lots 3010 and 3011 as shown coloured green on
                  Deposited Plan 36433, comprising an area of about 2 985 ha,
20                is --
                     (a) reserved under the LA Act Part 4 for the purpose of a
                         national park; and
                    (b) classified under that Act as class A reserve No. 47877.

     17.          Class A reserve No. 47956 in the Shire of Augusta-Margaret
25                River
           (1)    State forest No. 56 is amended by excising an area of about
                  1 271 ha, being part of the land in Lots 350, 351 and 352 as
                  shown coloured green on Deposited Plan 36437.
           (2)    Timber reserve No. 60/25 is amended by excising an area of
30                about 2 142 ha, being part of the land in Lot 351 as shown
                  coloured green on Deposited Plan 36437.

                                                                           page 13
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 2         National parks

     s. 17


        (3)    Reserve No. 27710, being the land in Sussex Location 4362 as
               shown on Deposited Plan 32568 and reserved for the purpose of
               water, is cancelled under the LA Act.
        (4)    All that portion of McQueen Road as shown on Deposited
5              Plan 225719, comprising an area of about 2.5 ha and being part
               of the land in Lot 352 as shown coloured green on Deposited
               Plan 36437, is closed under the LA Act.
        (5)    All that portion of River View Road, comprising an area of
               about 1.8 ha and being part of the land in Lot 352 as shown
10             coloured green on Deposited Plan 36437, is closed under the
               LA Act.
        (6)    All that portion of River Road as shown on Deposited
               Plans 201689 and 203031, comprising an area of about 4.3 ha
               and being part of the land in Lot 351 as shown coloured green
15             on Deposited Plan 36437, is closed under the LA Act.
        (7)    All that portion of Rosa Brook Road as shown on Deposited
               Plan 231015, comprising an area of about 12 ha and being part
               of the land in Lot 351 as shown coloured green on Deposited
               Plan 36437, is closed under the LA Act.
20      (8)    All that portion of Neilson Road as shown on Deposited
               Plan 203031, comprising an area of about 1.6 ha and being part
               of the land in Lot 351 as shown coloured green on Deposited
               Plan 36437, is closed under the LA Act.
        (9)    All those portions of unnamed road as shown on Deposited
25             Plans 201689, 207556 and 231025, comprising an area of about
               8.4 ha and being part of the land in Lot 351 as shown coloured
               green on Deposited Plan 36437, are closed under the LA Act.
       (10)    On the closure of the former portions of road mentioned in
               subsections (4) to (9) --
30               (a) all rights of way over the land comprising the former
                      portions of road cease; and
                 (b) that land becomes unallocated Crown land.


     page 14
           Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                   Bill 2004
                                               National parks         Part 2

                                                                       s. 17


    (11)    The land in Lots 350, 351 and 352 as shown coloured green on
            Deposited Plan 36437, comprising an area of about 3 892 ha,
            is --
               (a) reserved under the LA Act Part 4 for the purpose of a
5                  national park; and
              (b) classified under that Act as class A reserve No. 47956.




                                                                    page 15
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 3         Conservation parks

     s. 18


                         Part 3 -- Conservation parks
     18.         Class A reserve No. 47892 in the Shire of
                 Bridgetown-Greenbushes
           (1)   State forest No. 30 is amended by excising an area of about
5                1 480 ha, being part of the land in Lots 324, 325 and 326 as
                 shown coloured green on Deposited Plan 43037.
           (2)   Timber reserve No. 152/25 is amended by excising an area of
                 about 34 ha, being the land in Lot 323 as shown coloured green
                 on Deposited Plan 43037.
10         (3)   The purpose for which timber reserve No. 162/25, comprising
                 an area of about 781 ha, is reserved is cancelled under the
                 CALM Act.
           (4)   The land in Lots 323, 324, 325, 326 and 327 as shown coloured
                 green on Deposited Plan 43037, comprising an area of about
15               2 302 ha, is --
                   (a) reserved under the LA Act Part 4 for the purpose of a
                        conservation park; and
                   (b) classified under that Act as class A reserve No. 47892.

     19.         Reserve No. 47893 in the Shire of Donnybrook-Balingup
20         (1)   State forest No. 29 is amended by excising an area of about
                 307 ha, being the land in Lot 3001 as shown coloured green on
                 Deposited Plan 43038.
           (2)   The land in Lot 3001 as shown coloured green on Deposited
                 Plan 43038, comprising an area of about 307 ha, is reserved
25               under the LA Act Part 4 for the purpose of a conservation park
                 as reserve No. 47893.




     page 16
                 Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                         Bill 2004
                                                     Other reserves         Part 4

                                                                             s. 20


                              Part 4 -- Other reserves
     20.          Class A nature reserve No. 47879 in the Shires of Boyup
                  Brook, Manjimup and Cranbrook
           (1)    In this section --
5                 "relevant easement", in relation to the proprietor of land,
                       means the easement that, on being granted, gives access to
                       that land.
           (2)    State forest No 37, State forest No. 38 and State forest No. 55
                  are amended by excising an area of about 37 773 ha, an area of
10                about 6 312 ha and an area of about 1 359 ha respectively, being
                  part of the land in Lots 3025, 3026, 3027 and 3028 as shown
                  coloured green on Deposited Plan 36435.
           (3)    The purpose for which the following timber reserves, being part
                  of the land in Lots 3025 and 3027 as shown coloured green on
15                Deposited Plan 36435, are reserved is cancelled under the
                  CALM Act --
                    (a) timber reserve No. 130/25, comprising an area of about
                           2 082 ha;
                    (b) timber reserve No. 135/25, comprising an area of about
20                         2 223 ha;
                    (c) timber reserve No. 140/25, comprising an area of about
                           4 724 ha;
                    (d) timber reserve No. 141/25, comprising an area of about
                           65 ha.
25         (4)    Reserve No. 32723, comprising an area of 23.148 4 ha reserved
                  for the purpose of gravel and being the land in Nelson
                  Location 13095 as shown bordered red on Deposited
                  Plan 213145, is cancelled under the LA Act.
           (5)    Reserve No. 19051, comprising an area of 16.187 4 ha reserved
30                for the purpose of water and being the land in Nelson
                  Location 10932, is cancelled under the LA Act.


                                                                          page 17
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 4         Other reserves

     s. 20


        (6)    Reserve No. 30018, comprising an area of 42.492 0 ha reserved
               for the purpose of the conservation of flora and fauna and being
               the land in Nelson Location 13015, is cancelled under the
               LA Act.
5       (7)    Reserve No. 3419, comprising an area of 78.812 0 ha reserved
               for the purpose of government requirements and being the land
               in Nelson Location 13189 as shown bordered red on Deposited
               Plan 183549, is cancelled under the LA Act.
        (8)    Reserve No. 18789, comprising an area of 149.534 4 ha
10             reserved for the purpose of the conservation of flora and fauna
               and being the land in Nelson Location 10930 as shown bordered
               red on Deposited Plan 216083, is cancelled under the LA Act.
        (9)    All that portion of Lake Muir Road as shown on Deposited
               Plans 225839 and 225779, comprising an area of about 22 ha
15             and being part of the land in Lot 3028 as shown coloured green
               on Deposited Plan 36435, is closed under the LA Act.
       (10)    All those portions of Road No. 405 as shown on Deposited
               Plan 228985, comprising an area of about 8 ha and being part of
               the land in Lot 3028 as shown coloured green on Deposited
20             Plan 36435, are closed under the LA Act.
       (11)    All those portions of Road No. 3067, comprising an area of
               about 23 ha and being part of the land in Lot 3027 as shown
               coloured green on Deposited Plan 36435, are closed under the
               LA Act.
25     (12)    All that portion of Road No. 4104, comprising an area of about
               3.4 ha and being part of the land in Lot 3027 as shown coloured
               green on Deposited Plan 36435, is closed under the LA Act.
       (13)    All that portion of Road No. 5176, comprising an area of about
               9 ha and being part of the land in Lot 3027 as shown coloured
30             green on Deposited Plan 36435, is closed under the LA Act.
       (14)    All those portions of Road No. 3080, comprising an area of
               about 15 ha and being part of the land in Lots 3026 and 3027 as


     page 18
            Reserves (National Parks, Conservation Parks and Other Reserves)
                                                                    Bill 2004
                                                Other reserves         Part 4

                                                                        s. 20


             shown coloured green on Deposited Plan 36435, are closed
             under the LA Act.
     (15)    All that portion of Road No. 1240, comprising an area of 3 ha
             and being part of the land in Lot 3026 as shown coloured green
5            on Deposited Plan 36435, is closed under the LA Act.
     (16)    All that portion of unnamed road, comprising an area 1 ha and
             being part of the land in Lot 3025 as shown coloured green on
             Deposited Plan 36435, is closed under the LA Act.
     (17)    On the closure of the former portions of road mentioned in
10           subsections (9) to (16) --
               (a) all rights of way over the land comprising the former
                    portions of road cease; and
               (b) that land becomes unallocated Crown land.
     (18)    The relevant easement shown on Deposited Plan 36435 is
15           granted under the LA Act section 144 to the proprietor of the
             land (the "benefited land") in Lot 5599 as shown on Deposited
             Plan 81634 over the land in Lot 3025 as shown coloured green
             on Deposited Plan 36435 for the purpose of access to the
             benefited land.
20   (19)    The relevant easement shown on Deposited Plan 36435 is
             granted under the LA Act section 144 to the proprietor of the
             land (the "benefited land") in Lot 3681 as shown on Deposited
             Plan 132584 over the land in Lot 3027 as shown coloured green
             on Deposited Plan 36435 for the purpose of access to the
25           benefited land.
     (20)    The land in --
              (a) Lots 3025, 3026, 3027 and 3028 as shown coloured
                    green on Deposited Plan 36435; and
              (b) Nelson Locations 10930 and 13189 as shown bordered
30                  red on Deposited Plans 216083 and 183549,




                                                                     page 19
     Reserves (National Parks, Conservation Parks and Other Reserves)
     Bill 2004
     Part 4         Other reserves

     s. 21


                 comprising an area of about 55 935 ha, is --
                   (c) reserved under the LA Act Part 4 for the purpose of the
                        conservation of flora and fauna; and
                   (d) classified under that Act as class A reserve No. 47879.

5    21.         Reserve No. 46405 in the Shire of Denmark
           (1)   State forest No. 64 is amended by excising an area of about
                 855 ha, being the land in Lots 351, 352, 353, 354 and 355 as
                 shown coloured green on Deposited Plan 43051.
           (2)   Reserve No. 24660, comprising an area of 35 788 ha reserved
10               for the purpose of water catchment area, Denmark River, is
                 amended by excising an area of about 855 ha, being part of the
                 land in Lots 351, 352, 353, 354 and 355 as shown coloured
                 green on Deposited Plan 43051.
           (3)   Reserve No. 2489, comprising an area of 40.468 6 ha reserved
15               for the purpose of water, is amended by excising an area of
                 about 21.468 6 ha, being part of the land in Lot 351 as shown
                 coloured green on Deposited Plan 43051.
           (4)   On the excision under subsection (3) and section 7(2) of the
                 areas of land stated in those provisions from reserve No. 2489,
20               that reserve is cancelled under the LA Act.
           (5)   The land in Lots 351, 352, 353, 354 and 355 as shown coloured
                 green on Deposited Plan 43051, comprising an area of about
                 876 ha --
                   (a) is reserved under the LA Act Part 4 for the purpose of
25                      conservation, recreation, future reservoir and water
                        infrastructure as reserve No. 46405; and
                   (b) under the LA Act, is placed under the care, control and
                        management of the Conservation Commission of
                        Western Australia established under the CALM Act
30                      section 18.




     page 20

 


[Index] [Search] [Download] [Related Items] [Help]