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Kosciusko State Park Act 1944

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KOSCIUSKO STATE PARK ACT. Act No. 14, 1944. An Act to reserve certain land as a State Park to be known as Kosciusko State Park; to make provision for the use of such land; to constitute a Trust to be known as the Kosciusko State Park Trust; to constitute a Kosciusko State Park Fund and to provide for the application of that Fund; for these and other purposes to amend the Crown Lands Consolidation Act, 1913, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 19th April, 1944.] E it enacted by the King's Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :— 1. (1) This Act may be cited as the "Kosciusko State Park Act, 1944." (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette. 2. In this Act unless the context or subject matter otherwise indicates or requires— "Available Crown lands" means Crown lands which are not— (a) lands held under any lease or license from the Crown (other than a snow lease or permissive occupancy); or (b) within any reserve under the control of a pastures protection board, or any reserve for trigonometrical purposes, commonage, cemetery, cemetery pur­ poses or general cemetery; or (c) (c) within the boundaries of the villages of Kiandra, Ravine or Yarrangobilly. "Crown lands" means Crown lands as defined in the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts. "Prescribed" means prescribed by this Act, or by the regulations. "Regulations" means regulations made under this Act. "Trust" means the Kosciusko State Park Trust constituted under this Act. 3. (1) The following lands are hereby permanently reserved for a State Park to be known as the Kosciusko State Park:— (a) All lands within the external boundaries of the lands described in the Schedule to this Act which are, at the commencement of this Act, available Crown lands. (b) The Crown lands reserved for the Kosciusko State Park by section seven of this Act. (c) Any lands within the external boundaries of the lands described in the Schedule to this Act winch become available Crown lands after the commencement of this Act. (d) Any available Crown lands outside the external boundaries of the lands described in the Schedule to this Act which are reserved and added to the Kosciusko State Park by the Governor by proclamation published in the Gazette, which proclamation he is hereby authorised to make. (2) Any lands reserved for Kosciusko State Park under or in pursuance of this section shall remain so reserved unless the reservation is revoked by Act of Parliament: Provided that where the Minister, with the concurrence of the Trust, declares by notification published pursuant to section twenty-eight of the Crown Lands Consolidation Act, 1913, as amended by subsequent Acts, that any Crown lands within the Kosciusko State Park are temporarily temporarily reserved from sale for any public purpose, the lands to which the notification relates shall cease to be part of the Kosciusko State Park. 4. (1) There shall be a Kosciusko State Park Trust which shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed on the Trust by or under this Act. (2) The Minister shall be a member of the Trust and the chairman thereof. The remaining members of the Trust shall be appointed by the Governor. (3) Of the members so appointed— (a) one shall be appointed on the nomination of the Minister and shall be an officer of the Depart­ ment of Lands; (b) one shall be appointed on the nomination of the Premier and shall be an officer of the Public Service; (c) one shall be appointed on the nomination of the Minister for the time being charged with the administration of the Forestry Act, 1916, as amended by subsequent Acts, and shall be the person for the time being constituting the Forestry Commission of New South Wales or an officer of that Commission; (d) one shall be appointed on the nomination of the Minister for the time being charged with the administration of the Soil Conservation Act, 1938, and shall be the Director of the Soil Conser­ vation Service or an officer employed in that Service; (e) one shall be appointed on the nomination of the Minister for the time being charged with the administration of the department by which the Government Tourist Bureau is administered, and shall be an officer of that Bureau; (f) two shall be appointed on the nomination of the Minister. (4) The member referred to in paragraph (a) of subsection three of this section shall be the deputy chair­ man of the Trust. D (5) (5) No person of or above the age of seventy years shall be eligible for appointment by the Governor pur­ suant to a nomination under paragraph (f) of subsection three of this section and any person appointed by the Governor pursuant to any such nomination shall cease to hold office on the day upon which he attains the ago of seventy years. (6) All meetings of the Trust shall be called by direction of the chairman, or in his absence, by direction of the deputy chairman. (7) At any meeting of the Trust the chairman of- deputy chairman and any four other members shall form a quorum; and any meeting at which a quorum is present shall have all the powers and authorities conferred upon the Trust by this Act. (8) The chairman shall preside at any meeting of the Trust at which he is present. In the absence of the chairman the deputy chairman shall preside. (9) The chairman, or the deputy chairman (when presiding at any meeting) shall have an original vote on any question before the Trust, and in the case of an equality of votes shall have a second or casting vote. (10) No act or proceeding of the Trust shall be invalidated or prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced there was a vacancy in the office of any member. (11) The procedure for the calling of meetings of the Trust and for the conduct of business at such meetings shall, subject to any regulations in relation thereto, be as determined by the Trust. (12) (a) In the case of the illness or absence of any member of the Trust, other than the chairman, the Governor may appoint a deputy to act in the place of such member during his illness or absence. (b) Any deputy appointed under this subsec­ tion, while he acts as such deputy, may exercise all the powers and authorities of the member in whose place he acts. (13) The members referred to in paragraph (f) of subsection three of this section shall be paid such fees and travelling expenses as may be prescribed. 5. 5. (1) Subject to this Act the Trust shall have the care, control and management of the Kosciusko State Park. (2) The Trust may carry out any work in connec­ tion with the improvement, development and mainten­ ance of the Kosciusko State Park, including the opening of roads, tracks and paths, the development of ski trails, the erection of hostels and other buildings and structures, the prevention and control of fires, and such other works and functions as may from time to time be prescribed. (3) The Trust may retain as a primitive area such part of the Kosciusko State Park (not exceeding one- tenth of the area of that Park) as it may think fit. 6. The Trust may arrange with the Minister of any Government department or with any statutory corpora­ tion for the carrying out by such department or statutory corporation of any work required or authorised by or under this Act to be carried out by the Trust. In this section "statutory corporation" includes The Commissioner for Railways, The Commissioner for Main Roads, the Water Conservation and Irrigation Commis­ sion, the Forestry Commission of Now South Wales, and any county, municipal or shire council. 7. (1) Notwithstanding any provision contained in the Forestry Act, 1916-1935, as amended by subsequent Acts, the dedication of all State forests and the reserva­ tion of all timber reserves within the external boundaries of the land described in the Schedule to this Act are hereby revoked and the lands comprised therein shall become Crown lands reserved for Kosciusko State Park. (2) As from the commencement of this Act the Forestry Act, 1916-1935, as amended by subsequent Acts, shall not, except as in this subsection provided, apply to and in respect of any land within the Kosciusko State Park: Provided that all licenses and permits under the Forestry Act, 1916-1935, as amended by subsequent Acts, affecting land within the Kosciusko State Park (whether or not such land is within the boundaries of any State forest or timber reserve the dedication or reservation of which is revoked by subsection one of this section) shall, shall, unless sooner cancelled under that Act, continue in force until the expiration of the respective terms for which they were granted, and the provisions of that Act shall continue in force for all purposes of or relating to such licenses and permits until the same respectively expire or are cancelled. 8. (1) The land within Kosciusko State Park is hereby exempted from occupation under any miner's right or business license issued under the provisions of the Mining Act, 1906-1935.
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