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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 24 September 2019 at 19:13)
Part 4A Division 4
Division 4 Reservation or dedication of ALR Act lands
71X   Application of Division
(1)  This Division applies to and in respect of lands to which section 36A of the Aboriginal Land Rights Act 1983 applies and to ALR Act lands only.
(2)  This Division applies to lands only if:
(a)  the Minister is satisfied that the lands proposed to be reserved under this Act are of sufficient natural conservation value to justify such reservation, and
(b)  negotiations under Division 2 concerning the preparation of a draft lease in respect of the lands have been concluded and a lease, prepared as the result of the negotiations, has been executed in escrow by the Minister and the Aboriginal Land Council or Councils concerned.
Note.
 Section 36A of the Aboriginal Land Rights Act 1983 applies to certain Crown lands having nature conservation value that are the subject of a claim under that Act.
71Y   Reservation of ALR Act lands
The Governor may, on the grant under the Aboriginal Land Rights Act 1983 of ALR Act lands that are referred to in section 71X (2), by notice published in the Gazette, reserve the lands under this Act and in accordance with this Part as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
71Z   Effect of publication of notice
(1)  On publication of the notice, the lease of the lands takes effect and is taken to have been executed on, and its term commences to run from, the date of publication of the notice.
(2)  On publication of the notice, the lands described in the notice are, despite the fact that the lands are vested in the Aboriginal Land Council or Councils, reserved under this Act according to the tenor of the notice.
(3)  The leasing and vesting of ALR Act lands under this section is 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.
71AA   Certain other consequences of publication of proclamation
On publication of a proclamation under this Division:
(a)  the Chief Executive has, until the establishment of a board of management for the lands, 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 Chief Executive by or under this or any other Act, and
(b)  officers of 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.
71AB   Applications of certain provisions to ALR Act lands
(1)  Sections 71R and 71S apply to and in respect of ALR Act lands in the same way that they apply to and in respect of Schedule 14 lands.
(2)  Section 71U (1)–(4) applies to and in respect of ALR Act lands in the same way that it applies to and in respect of Schedule 14 lands except that:
(a)  references in those subsections to a proclamation under Division 3 are to be read as references to a proclamation under this Division, and
(b)  references in those subsections to Schedule 14 lands are to be read as references to ALR Act lands.