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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 20 November 2019 at 00:15)
Part 11
Part 11 Acquisition and disposal of property
145   Acquisition of land for reservation or other purposes
The Minister may, for the purpose of obtaining land for reservation under Part 4 or Part 4A, of conserving threatened species, populations or ecological communities, or their habitats or of preserving, protecting and preventing damage to Aboriginal objects or Aboriginal places:
(a)  on behalf of Her Majesty, enter into and give effect to an agreement for the vesting in, or surrender to, Her Majesty of any land, or
(b)  acquire land by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
146   Acquisition or occupation of lands for certain purposes
(1)  For the purpose of:
(a)  improving access to any land reserved or dedicated or acquired under this Act,
(b)  the management, maintenance or improvement of any such land, or
(c)  carrying out works for any of those purposes,
the Minister may:
(d)  on behalf of Her Majesty, enter into, and give effect to, an agreement for the vesting in, surrender to, or leasing to, Her Majesty, or for the occupation under licence, of any land adjoining or in the vicinity of the land so reserved or dedicated, or
(e)  acquire any land (including an interest in land) adjoining or in the vicinity of the land so reserved or dedicated by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  For the purpose of obtaining lands for use in connection with the administration of this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995, the Minister may:
(a)  on behalf of Her Majesty, enter into, and give effect to, an agreement for the vesting in, surrender to, or leasing to, Her Majesty, or for the occupation under licence, of any land, or
(b)  acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2A)  The Minister may, on behalf of the Crown, acquire land (including an interest in land) for the purpose of a future lease grant or dealing by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2B)  An acquisition for a future lease grant or dealing is an acquisition:
(a)  to enable the reservation or dedication of land under this Act and the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to the land, or
(b)  to enable the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to land already reserved or dedicated under this Act.
(2C)  The publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for a purpose that is described as a future lease grant or dealing does not:
(a)  to the extent to which the land referred to in the acquisition notice was Crown land immediately before the publication of the acquisition notice, affect the status of the land as Crown land, or
(b)  operate to revoke any reservation as national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve of the land referred to in the acquisition notice.
(2D)  Nothing in this section is taken to mean that the Minister cannot exercise functions in relation to land under this Act unless the Minister first compulsorily acquires the land concerned.
(2E)  Subsection (2A) does not limit the purposes for which land may be acquired under section 145 or any other provision of this Act.
(3)  The Minister or Chief Executive may, for the purpose of the management, maintenance or improvement of any land reserved or dedicated under this Act, enter into and give effect to an agreement with the owner or lessee of the land, as the case requires, concerning the management or care of any land adjoining or in the vicinity of land so reserved or dedicated.
(4)    (Repealed)
147   Application of Public Works Act 1912
(1)  For the purposes of the Public Works Act 1912, any acquisition of land under section 145 or 146 is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(2)  Sections 34, 35, 36 and 37 of the Public Works Act 1912 do not apply in respect of works constructed under this Act.
148   Power of Minister to accept gifts
(1)  The Minister may acquire, by gift inter vivos, devise or bequest, any property for the purposes of this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 and may agree to the condition of any such gift, devise or bequest.
(2)  The rule of law against remoteness of vesting shall not apply to any such condition to which the Minister has agreed.
(3)  Where the Minister acquires property under subsection (1):
(a)  neither an instrument that effects the acquisition nor any agreement pursuant to which the property is acquired is chargeable with duty under the Stamp Duties Act 1920, and
(b)  the property, or the value of property, shall not be included in the dutiable estate of the donor or testator for the purposes of assessing death duty under that Act.
(4)  Notwithstanding anything in Part 4 or Part 4A, lands acquired under this section must not be reserved as, or as part of, a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve in contravention of any such condition to which the Minister has agreed.
149   Disposal of property
(1)  Subject to any conditions of a gift or an agreement by or under which any such property may have been acquired, the Minister may sell, grant leases of, dispose of or otherwise deal with any lands or other property:
(a)  acquired by the Minister, otherwise than on behalf of Her Majesty, under this Part, or
(b)  acquired by the Minister on behalf of Her Majesty for the purposes of this Act or the Threatened Species Conservation Act 1995 by purchase with money from the Fund, by exchange of any property so purchased or by gift,
or any interest in any such lands or other property.
(2)  Nothing in this section applies to or in respect of lands while reserved as, or as part of, a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve.
(3)  Nothing in this section affects the operation of Part 4A.
(4)  Without limiting subsection (1), the Minister may:
(a)  for any purpose specified in section 146 (1) (a), (b) or (c) grant a lease of, or a licence with respect to, lands acquired or occupied under section 146 (1), or
(b)  for use in connection with the administration of this Act grant a lease of, or a licence with respect to, lands referred to in section 146 (2).
150   Minister to be corporation sole for certain purposes
(1)  For the purposes of the exercise and performance of the Minister’s authorities, duties and functions under Part 4A and this Part and under any other provisions of this or any other Act that are identified (by those provisions) for the purposes of this section, the Minister is hereby constituted a corporation sole under the name of “Minister administering the National Parks and Wildlife Act 1974”.
(2)  The corporation sole constituted by this section:
(a)  has perpetual succession,
(b)  shall have an official seal,
(c)  may take proceedings and be proceeded against in the corporate name,
(d)  may, in accordance with this Act (or with such provisions of any other Act as are identified as referred to in subsection (1)), purchase, exchange, hold, dispose of and otherwise deal with property, and
(e)  may do and suffer all other things that a body corporate generally may, by law, do and suffer and that are necessary for or incidental to the purposes for which the corporation sole is constituted.
(3)  The seal of the corporation sole so constituted shall not be affixed to any instrument or document except in the presence of the Minister, and the Minister shall attest by the Minister’s signature the fact and date of the affixing of the seal.
(4)  All courts and persons acting judicially:
(a)  shall take judicial notice of the seal of the corporation sole so constituted that has been affixed to any instrument or document, and
(b)  shall until the contrary is proved presume that seal was properly affixed.