Division 3Division 3 Vesting and reservation of Schedule 14 lands
This Division applies to and in respect of Schedule 14 lands only unless this Act otherwise expressly provides.Note. See Division 4 as to the application of sections 71R–71U to ALR Act lands and Division 8 as to the application of sections 71R–71T to lands added to national parks or other areas reserved or dedicated under this Part.
71N Tabling of proposal if change of land classification involved
(1) This section applies if, as a result of negotiations concerning Schedule 14 lands, it is proposed that the classification of the lands concerned under this Act, as listed in Schedule 14, be changed to another classification (such as, for example, from a nature reserve to a national park) when the lands are vested in an Aboriginal Land Council or Councils under this Part.(2) The Minister is to cause a notification of such a proposal to be laid before each House of Parliament as soon as practicable after the parties to the negotiations decide that the classification of the lands should be changed.(3) If a House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after a notification has been laid before it (whether or not those sitting days occur during the same session) and the resolution disallows the notification, no further action is to be taken in the matter.(4) Nothing in this section prevents the Minister, at some later time, causing to be laid before each House of Parliament in accordance with this Division a notification that has previously been tabled, either with or without amendments.
71O Vesting and reservation of Schedule 14 lands
(1) This section applies if:(a) no change in the classification of the Schedule 14 lands to which negotiations relate is proposed, or(b) no resolution disallowing a notification concerning a change in the classification of the Schedule 14 lands is or can be passed.(2) On completion of negotiations concerning the Schedule 14 lands and preparation of a draft lease in respect of those lands that is acceptable to, and has been executed in escrow by, the Minister and the Aboriginal Land Council or Councils concerned, the Governor may, by proclamation published in the Gazette:(a) revoke the existing reservation under this Act of the lands that are the subject of the proposed lease, and(b) vest those lands in the Aboriginal Land Council or Councils that are to lease the lands to the Minister (and, if more than one, as joint tenants (without the benefit of survivorship)), subject to the following:(i) any native title rights and interests that exist in relation to the lands concerned,(ii) any existing interest within the meaning of section 39,(iii) any licence issued under Part 9,(iv) any lease, licence, franchise or easement granted under Part 12,(v) any authority or consent issued under this Act or the regulations, and(c) reserve or dedicate those lands, with the appropriate classification, under this Act, subject to any matter referred to in paragraph (b) (i)–(v).
71P Effect of publication of proclamation
(1) On publication of the proclamation, the existing reservation under this Act of the lands described in the proclamation is revoked. This subsection has effect despite anything else in this Act.(2) On publication of the proclamation, the lands described in the proclamation vest, by virtue of the proclamation and the operation of this section, in the Aboriginal Land Council or Councils (and, if more than one, as joint tenants (without the benefit of survivorship)) named as lessor or lessors in the lease for an estate in fee simple without the necessity for any further assurance, but subject to the following:(a) any native title rights and interests that exist in relation to the lands concerned,(b) any existing interest within the meaning of section 39,(c) any licence issued under Part 9,(d) any lease, licence, franchise or easement granted under Part 12,(e) any authority or consent issued under this Act or the regulations.(3) On publication of the proclamation, the lease takes effect and is taken to have been executed on, and its term commences to run from, the date of publication of the proclamation.(4) On publication of the proclamation, the lands described in the proclamation are, despite the fact that the lands are vested in the Aboriginal Land Council or Councils, reserved, with the appropriate classification, under this Act in accordance with this Part, subject to any matter referred to in subsection (2) (a)–(e).
71Q Certain other consequences of publication of proclamation
On publication of the proclamation:(a) the Director-General continues, until the establishment of a board of management for the lands, to have the care, control and management of the lands and may exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on the Director-General by or under this or any other Act, and(b) the Service and the officers, employees and contractors of the Minister, the Director-General and the Service may (subject to any plan of management in force with respect to the lands and to any directions given and supervision and oversight exercised by the board of management for the lands) exercise on and with respect to those lands any power, authority, duty or function conferred or imposed on any one or more of them by or under this or any other Act, and(c) any regulations that, immediately before that publication, applied to the lands continue to apply to the lands and may be amended and repealed accordingly, and(d) any plan of management that, immediately before that publication, applied to the lands continues, subject to this Act, to apply to the lands and may be amended, altered or cancelled accordingly, and(e) any existing interest (within the meaning of section 39), any licence issued under Part 9, any lease, licence, franchise or easement granted under Part 12 and any authority or consent issued under this Act or the regulations that affect the lands, or any part of the lands, and that are current at the date of the proclamation continue to have effect and may be terminated or otherwise dealt with in accordance with this Act or the instrument under which they were granted, and(f) any fee, rent or other sum that is payable under or with respect to any matter referred to in paragraph (e) is, despite any other requirement to the contrary, to be paid as required by section 138, and(g) any declaration made under Division 3 of Part 4 or under the Wilderness Act 1987 with respect to the lands, or any part of the lands, continues in force and may be varied or revoked accordingly.
71R Certain provisions not to apply to lands reserved under this Division
(1) The provisions of Division 2 of Part 3, Division 1 of Part 4 and sections 33, 35, 46, 47B–47D, 49, 58, 58K (4)–(6), 58S and 62 do not apply to or in respect of lands reserved under this Division.(2) Sections 47GA–47GG, 47O and 47R–47Y do not apply to or in respect of a state conservation area or a regional park reserved under this Part.(3) Subsection (1) does not limit section 71Q.
71S Application of certain provisions to lands reserved under this Division
The following provisions apply to and in respect of lands reserved under this Division in the same way as they apply to and in respect of lands reserved under Part 4:Sections 37–44, 47G, 47H, 47I, 47J, 47K, 47L, 47P (2), 47Z, 47ZA, 47ZB, 52–55, 58M, 58N, 58O, 58P and 64.
(1) The proclamation laid before Parliament under this Division must assign a name to the Schedule 14 lands (or the part or parts of Schedule 14 lands) proposed to be reserved under this Division.(2) The name so assigned must be the name recommended by the Aboriginal negotiating panel involved in the negotiations for the vesting and leasing of the lands, and may be the same name as, or a different name from, that listed in Schedule 14.(3) The Governor may, on the recommendation of the Aboriginal owner board members for lands reserved under this Division, by proclamation published on the NSW legislation website:(a) alter the name of the lands, and(b) amend Schedule 14 by omitting the former name, and by inserting instead the new name, of the lands.(4) If a part or parts only of Schedule 14 lands are reserved under this Division, the Governor may, by proclamation published on the NSW legislation website, assign a new name for the part or parts of the Schedule 14 lands that are not reserved under this Division.(5) Section 12 (1) of the Geographical Names Act 1966 does not apply to a name assigned under this Division (or that name as altered or amended). The name so assigned, or the name as so altered or amended, is, for the purposes of the Geographical Names Act 1966, the geographical name of the place to which it relates.(6) If, before the reservation under this Division of Schedule 14 lands, the name of the lands is altered pursuant to the publication of a proclamation under Part 4 of this Act, that proclamation or another proclamation published on the NSW legislation website may amend Schedule 14 by omitting the former name, and by inserting instead the new name, of the lands.
71V No consideration payable by Aboriginal Land Council on vesting of lands
(1) No consideration is payable to the Crown by an Aboriginal Land Council or Councils in relation to the vesting in the Council or Councils of lands pursuant to the publication of a proclamation under this Division.(2) No stamp duty under the Stamp Duties Act 1920 is payable by an Aboriginal Land Council or Councils in relation to any such vesting.
71W Reservation of part only of Schedule 14 lands
(1) Nothing in this Part prevents the negotiation of a lease and the reservation under this Part of a part or parts only of Schedule 14 lands.(2) In that event:(a) on the establishment of a board of management for the part or parts of the Schedule 14 lands that are the subject of the lease, the care, control and management of that part or those parts only of the Schedule 14 lands vest in the board of management, and(b) the provisions of this Act relating to the harming of animals and the picking of timber, vegetation, plants and similar things by Aboriginal persons apply to and in respect of the part or parts only of the Schedule 14 lands that are the subject of the lease, and(c) the provisions of this Part relating to Schedule 14 lands that are leased and reserved under this Part apply to and in respect of the part or parts only of the Schedule 14 lands that are the subject of the lease.Note. See sections 31, 47BA, 47OA, 48, 58 (4A), 58K (4A) and 63 as to the vesting of reserved lands on the establishment of a board of management under this Part and sections 45 (6), 56 (7), 57 (7), 58H (7), 58I (7), 58Q (7) and 58R (7) as to the harming of animals and the picking of timber, vegetation, plants and similar things by Aboriginal persons.