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National Park Estate (Southern Region Reservations) Bill 2000

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National Park Estate (Southern Region Reservations) Bill 2000 First print New South Wales National Park Estate (Southern Region Reservations) Bill 2000 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The object of this Bill is to make provision with respect to additions to the national park estate in the Southern region of the State. b00-080-p03.833 National Park Estate (Southern Region Reservations) Bill 2000 Explanatory note Outline of provisions Part 1 Preliminary Clause 1 sets out the name (also called the short title) of the proposed Act. Clause 2 provides for the commencement of the proposed Act on 1 January 2001, unless commenced sooner by proclamation. Clause 3 defines expressions used in the proposed Act. In particular: (a) national park estate is defined to include wilderness areas, national parks, nature reserves, state recreation areas, Crown land reserves and State forest flora reserves. (b) State forest is defined as land currently dedicated under the forestry legislation as a State forest. Part 2 Land transfers to national park estate Clause 4 revokes the dedication, as State forest, of land that is to be transferred to the national park estate. Clause 5 reserves or dedicates certain land in revoked State forests as national park, nature reserve or state recreation area. The land concerned is set out in Schedule 1. Clause 6 reserves or dedicates certain Crown lands as national park, nature reserve or state recreation area. The land concerned is set out in Schedule 2. Clause 7 sets apart certain land in State forests as flora reserves under the Forestry Act 1916. The land concerned is set out in Schedule 3. Clause 8 dedicates certain land in revoked State forests, Crown land and certain other land as a single Crown reserve under the Crown Lands Act 1989 and appoints the Director-General of National Parks and Wildlife as the manager of the reserve trust. The land concerned is set out in Schedule 4. Clause 9 vests certain land in revoked State forests in the Minister administering the National Parks and Wildlife Act 1974 for the purposes of Part 11 of that Act, subject to existing leases. The land concerned is set out in Schedule 5 and comprises two existing quarries. Explanatory note page 2 National Park Estate (Southern Region Reservations) Bill 2000 Explanatory note Clause 10 enables the Director-General of National Parks and Wildlife to adjust the descriptions of land in Schedules 1–6 in order to alter the boundaries of the land for the purposes of the more effective management of national park estate land and State forest land and to adjust boundaries to public roads (so long as the adjustment will not result in any significant reduction in the size or value of any such land). Adjustments are also authorised in connection with easements. Clause 11 effects a number of changes within the national park estate referred to in Schedule 6, namely: (a) the revocation of Wallaga Lake National Park and Goura Nature Reserve and the addition of the land to a new national park to be called Gulaga National Park (a new park to be established under Schedule 1 that comprises land within Gulaga Flora Reserve), and (b) the revocation of the reservation of Burrinjuck State Recreation Area and the dedication of part of the land as Burrinjuck Nature Reserve, with the remainder of the land becoming Crown land dedicated for public recreation. Clause 12 gives effect to Schedule 7, which contains ancillary and special provisions with respect to the land transfers under this Part. Part 3 Miscellaneous Clause 13 provides that the proposed Act binds the Crown. Clause 14 empowers the making of regulations for the purposes of the proposed Act, including regulations of a savings or transitional nature consequent on the enactment of the proposed Act. Clause 15 gives effect to Schedule 8, which amends: (a) the National Parks and Wildlife Act 1974 to add Gulaga National Park to Schedule 14 to that Act (Lands of cultural significance to Aboriginals), and (b) the Native Title (New South Wales) Act 1994 to preserve native title rights and interests in respect of land or waters reserved, dedicated or vested by the operation of the proposed Act. Explanatory note page 3 National Park Estate (Southern Region Reservations) Bill 2000 Explanatory note Schedules Schedule 1 sets out the land whose dedication as State forest is revoked and that is reserved or dedicated as national park, nature reserve or state recreation area. Schedule 2 sets out the Crown lands that are reserved or dedicated as national park, nature reserve or state recreation area. Schedule 3 sets out the land within State forests that is set apart as flora reserves under the Forestry Act 1916. Schedule 4 sets out the land (being land whose dedication as State forest is revoked and certain Crown land and other land) that is dedicated as Crown reserve under the Crown Lands Act 1989. Schedule 5 sets out the land (currently used as quarries) that is vested in the Minister administering the National Parks and Wildlife Act 1974 (being land whose dedication as State forest is revoked). Schedule 6 sets out the land affected by the changes in the national park estate referred to in clause 11. Schedule 7 makes ancillary and special provisions with respect to land transferred under the proposed Act. Schedule 8 contains the amendments to the National Parks and Wildlife Act 1974 and the Native Title (New South Wales) Act 1994 referred to in clause 15. Explanatory note page 4 First print New South Wales National Park Estate (Southern Region Reservations) Bill 2000 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Definitions 2 Part 2 Land transfers to national park estate 4 Revocation of dedication of certain lands as State forest and of reservation of associated flora reserves 3 5 Reservation or dedication of former State forest as national park, nature reserve or state recreation area 3 6 Reservation or dedication of Crown lands as national park, nature reserve or state recreation area 3 7 Setting apart of areas in State forests as flora reserves 4 8 Dedication as Crown reserves under Crown Lands Act 1989 of certain former State forests, Crown land and other land 4 b00-080-p03.833 National Park Estate (Southern Region Reservations) Bill 2000 Contents Page 9 Vesting in NPW Minister of certain former State forests 5 10 Adjustment of description of land transferred to national park estate 5 11 Changes within national park estate 7 12 Land transfers—ancillary and special provisions 7 Part 3 Miscellaneous 13 Act to bind Crown 8 14 Regulations 8 15 Amendment of other Acts 8 Schedules 1 State forest reserved as national park or state recreation area or dedicated as nature reserve 9 2 Crown lands reserved as national park or state recreation area or dedicated as nature reserve 30 3 Parts of State forests set apart as flora reserves under Forestry Act 1916 59 4 State forests and other land dedicated as Crown reserves under Crown Lands Act 1989 61 5 State forests vested in NPW Minister 66 6 Changes within national park estate 67 7 Land transfers—ancillary and special provisions 69 8 Amendment of other Acts 78 Contents page 2 New South Wales National Park Estate (Southern Region Reservations) Bill 2000 No , 2000 A Bill for An Act to transfer certain State forest and other Crown lands in the Southern region of the State to the national park estate, and for other purposes. Clause 1 National Park Estate (Southern Region Reservations) Bill 2000 Part 1 Preliminary The Legislature of New South Wales enacts: 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the National Park Estate (Southern Region Reservations) 4 Act 2000. 5 2 Commencement 6 This Act commences on 1 January 2001, unless commenced sooner by 7 proclamation. 8 3 Definitions 9 In this Act: 10 Crown land means Crown land within the meaning of the Crown 11 Lands Act 1989. 12 national park estate means: 13 (a) land declared as a wilderness area under the Wilderness Act 14 1987 or the National Parks and Wildlife Act 1974, or 15 (b) land reserved or dedicated under the National Parks and 16 Wildlife Act 1974, or 17 (c) land dedicated or set apart as a flora reserve under the Forestry 18 Act 1916, or 19 (d) land dedicated or reserved for a similar public purpose under 20 the Crown Lands Act 1989, or 21 (e) land vested in the Minister administering the National Parks 22 and Wildlife Act 1974 for the purposes of Part 11 of that Act. 23 State forest means land dedicated under the Forestry Act 1916 (or 24 under the former Forestry Act 1909) as a State forest, being a 25 dedication that is in force. 26 Page 2 National Park Estate (Southern Region Reservations) Bill 2000 Clause 4 Land transfers to national park estate Part 2 Part 2 Land transfers to national park estate 1 4 Revocation of dedication of certain lands as State forest and of 2 reservation of associated flora reserves 3 (1) The dedication as State forest of the following lands is revoked: 4 (a) lands described in Schedule 1, 5 (b) lands described in Part 1 of Schedule 4, 6 (c) lands described in Schedule 5. 7 (2) Any notices under section 25A of the Forestry Act 1916 that set apart, 8 as flora reserves, areas of State forests whose dedication is revoked by 9 subsection (1) are also revoked by this Act, but only to the extent to 10 which they relate to flora reserves situated (or partly situated) within 11 the lands referred to in that subsection.
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