1Short title
This Act may be cited as the Reserves (National Parks and Conservation Parks) Act 2004.
This Act may be cited as the Reserves (National Parks and Conservation Parks) Act 2004.
Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent.
Section 11 comes into operation on a day fixed by proclamation.
In this Act —
class A reserve has the meaning given to that term in the Land Administration Act 1997 section 3(1);
conservation park has the meaning given to that term in the Conservation and Land Management Act 1984 sections 6(4) and 16B(3);
Crown land has the meaning given to that term in the Land Administration Act 1997 section 3(1);
national park has the meaning given to that term in the Conservation and Land Management Act 1984 sections 6(3) and 16B(3);
unallocated Crown land has the meaning given to that term in the Land Administration Act 1997 section 3(1).
The plans and diagrams 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 bordered green or red, on a plan or diagram is a reference to that area of land as so shown on that plan or diagram on the day referred to in section 2(1).
The Registrar of Titles is to take any necessary measures to 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 Land Administration Act 1997.
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;
NTA means the Native Title Act 1993 of the Commonwealth.
Nothing done by or under this Act operates to affect any native title rights and interests.
Subsection (2) does not apply to the extent that the effect on those rights and interests is valid by the operation of, or by anything done under, the NTA or a law of this State.
State forest No. 32 is amended by excising an area of about 11 645 ha, being part of the land in Lot 5560 as shown coloured green on Deposited Plan 36428.
The land in Lot 5560 as shown coloured green on Deposited Plan 36428, comprising an area of about 11 645 ha, is —
reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and
classified as class A reserve No. 47667.
The reservation and classification of land under subsection (2) are limited to a depth of 200 m from the natural surface of that land.
State forest No. 35 and State forest No. 58 are amended by excising an area of about 1 281.52 ha and an area of about 15 680.48 ha respectively, being part of the land in Lot 13908 as shown coloured green on Deposited Plan 36430.
The land in Lot 13908 as shown coloured green on Deposited Plan 36430, comprising an area of about 16 962 ha, is —
reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and
classified as class A reserve No. 47668.
The reservation and classification of land under subsection (2) are limited to a depth of 200 m from the natural surface of that land.
State forest No. 58 is amended by excising an area of about 18 669 ha, being part of the land in Lot 13920 as shown coloured green on Deposited Plan 36429.
All those portions of unnamed road as shown on Deposited Plans 204962, 204955, 204954 and 204953, comprising an area of about 23 ha and being part of the land in Lot 13920 as shown coloured green on Deposited Plan 36429, are closed.
On the closure of the portions of road mentioned in subsection (2) —
all rights of way over the land comprising the former portions of road cease; and
that land becomes unallocated Crown land.
The land in Lot 13920 as shown coloured green on Deposited Plan 36429, comprising an area of about 18 692 ha, is —
reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and
classified as class A reserve No. 47669.
The reservation and classification of land under subsection (4) are limited to a depth of 200 m from the natural surface of that land.
State forest No. 32, State forest No. 33, State forest No. 58 and State forest No. 63 are amended by excising an area of about 8 094 ha, an area of about 734 ha, an area of about 1 201 ha and an area of about 8 494 ha respectively, being part of the land in Lots 5561, 5562 and 5563 as shown coloured green on Deposited Plan 36432.
Timber reserve No. 201/25 and Timber reserve No. 129/25 are amended by excising an area of about 1 186.77 ha and an area of about 109.4 ha respectively, being part of the land in Lot 5561 as shown coloured green on Deposited Plan 36432.
Class A reserve No. 8910, comprising an area of 247.808 4 ha reserved for the purpose of camping, is amended by excising an area of about 231 ha, being Lot 3000 on Deposited Plan 36432.
Reserve No. 39754, being the land in Sussex Location 4826 as shown bordered red on Plan 15500 and reserved for the purpose of public recreation and classified as other than a class A reserve, is amended by excising an area of about 18.5 ha, being part of the land in Lot 5561 as shown coloured green on Deposited Plan 36432.
All those portions of unnamed road as shown on Deposited Plans 203019, 203820, 203169 and 82004, comprising an area of about 58.5 ha and being part of the land in Lots 5561 and 5563 as shown coloured green on Deposited Plan 36432, are closed.
On the closure of the portions of road mentioned in subsection (5) —
all rights of way over the land comprising the former portions of road cease; and
that land becomes unallocated Crown land.
The land in Lots 3000, 5561, 5562 and 5563 as shown coloured green on Deposited Plan 36432, comprising an area of about 20 477 ha, is —
reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and
classified as class A reserve No. 47670.
The reservation and classification of land under subsection (7) are limited to a depth of 200 m from the natural surface of that land.
State forest No. 26 is amended by excising an area of about 1 252 ha, being part of the land in Lot 305 as shown coloured green on Deposited Plan 40689.
Reserve No. 11683, comprising an area of 40.468 7 ha reserved for the purpose of water and classified as other than a class A reserve, is cancelled.
Class A reserve No. 47661, comprising an area of about 11 373 ha reserved for the purpose of a national park, is amended by adding —
the land excised under subsection (1); and
the land comprising the former reserve cancelled under subsection (2),
so that the reserve comprises an area of about 12 665 ha, being the land in Lot 305 as shown coloured green on Deposited Plan 40689 and the land in Lots 300, 301, 302 and 303 as shown coloured green on Deposited Plan 36424.
State forest No. 7 and State forest No. 13 are amended by excising an area of about 4 914 ha and an area of about 248 ha respectively, being part of the land in Lots 3051, 3052 and 3053 as shown coloured green on Deposited Plan 36441.
Reserve No. 6203, comprising an area of about 61 024.56 ha reserved for the purpose of reservoir, aqueduct, water course and catchment area and classified as other than a class A reserve, is amended by excising an area of about 5 097 ha, being part of the land in Lots 3051, 3052 and 3053 as shown coloured green on Deposited Plan 36441.
Class A reserve No. 39824 (Dale Conservation Park), comprising an area of about 5 798 ha reserved for the purpose of a conservation park and “the agreement” as defined in the Alumina Refinery Agreement Act 1961 section 2, and being the land in Avon Location 28913 as shown bordered red on Deposited Plan 91611, is cancelled.
The land in Avon Location 10383 as shown on Deposited Plans 224342 and 224344, comprising an area of 3 209.746 4 ha and being the land described in Certificate of Title volume 1041 folio 474 —
is transferred to and revested in the Crown;
is Crown land; and
is part of the land in Lot 3053 as shown coloured green on Deposited Plan 36441.
The land in Lots 3051, 3052 and 3053 as shown coloured green on Deposited Plan 36441, comprising an area of about 12 255 ha, is —
reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and
classified as class A reserve No. 47882.
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