Botany Bay National Park (Helicopter Base Relocation) Act 2004

This Act is the Botany Bay National Park (Helicopter Base Relocation) Act 2004.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are:

to revoke the reservation under the National Parks and Wildlife Act 1974 of certain land as part of the Botany Bay National Park, being land that is required for the purposes of a helicopter base for emergency aerial evacuation, retrieval and rescue, and

to facilitate the use of that land for those purposes.

In this Act:

helicopter facilities includes buildings and installations for the parking, fuelling, servicing and maintenance of helicopters.

Words and expressions used in this Act have the same meanings in this Act (other than in section 11) as they have in the Environmental Planning and Assessment Act 1979.

This Act applies to the land shown by cross-hatching on the survey plan that is entitled “PLAN OF PART LOT 5209 DP 704508”, identified as Plan No P572703–L1, dated 13.11.03 and deposited in the head office of the Department of Lands.

The reservation under the National Parks and Wildlife Act 1974 of the land to which this Act applies as part of Botany Bay National Park is revoked.

Any land to which this Act applies that was Crown land immediately before the repeal day continues, on and from that repeal day, to be Crown land under the Crown Land Management Act 2016.

In this section:

repeal day means the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016.

An environmental planning instrument cannot prohibit, require development consent for, or otherwise restrict, the development of land to which this Act applies for the purposes of the following:

the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,

helicopter facilities for those helicopters,

accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.

For the avoidance of doubt, the carrying out of the following, on land to which this Act applies, is taken to be an essential public purpose for the purposes of section 36 of the Aboriginal Land Rights Act 1983:

development for the purposes of the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,

development for the purposes of helicopter facilities for those helicopters,

development for the purposes of accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.

For the purpose of enabling access or the provision of services to land to which this Act applies and despite any other Act or law, the Minister administering the National Parks and Wildlife Act 1974 may, on such terms and conditions as that Minister thinks fit, grant an easement or right of way under section 153 of that Act over land reserved under that Act.

This Act does not operate to extinguish any native title rights and interests existing in relation to the land to which this Act applies immediately before its vesting by section 7.

This section does not affect any extinguishment of native title rights and interests by the operation of the Native Title Act 1993 of the Commonwealth or the Native Title (New South Wales) Act 1994.

Words and expressions used in this section have the same meanings as they have in the Native Title Act 1993 of the Commonwealth.

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.