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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 18 November 2019 at 10:27)
Part 4A Division 8
Division 8 Addition of lands to Schedule 14 lands or ALR Act lands leased under Part
71AX   Application of Division
This Division applies to and in respect of Schedule 14 lands and ALR Act lands that are leased and reserved under this Part.
71AY   Definition of “area”
In this Division, area means lands reserved under this Part as a national park, historic site, state conservation area or regional park or dedicated under this Part as a nature reserve, karst conservation reserve or Aboriginal area.
71AZ   Additions may be made to reserved lands leased under Part
(1)  Nothing in this Act prevents the reservation of lands, in accordance with this Division, as part of an area that has been leased and reserved in accordance with this Part (whether those lands are to be reserved as the same category of reserved lands as the area already leased and reserved or otherwise).
(2)  Lands may be reserved as part of an area referred to in this section only with the consent of:
(a)  the Aboriginal Land Council or Councils in which they are vested, and
(b)  the board of management for the area.
71BA   Addition of lands already reserved under Act
(1)  Lands that are reserved under this Act may be added as part of an area that is leased under this Part only if the lands are listed in Schedule 14.
(2)  The Governor may, by proclamation published in the Gazette, declare that the whole or part of lands listed in Schedule 14, be taken to be reserved as part of an area reserved under this Part.
(3)  On the publication of the proclamation:
(a)  the lands are reserved as part of the area, and
(b)  the lands are vested in the Aboriginal Land Council or Councils in which the area is vested, and
(c)  the care, control and management of the lands is to be exercised:
(i)  by the board of management for the area, or
(ii)  if a board of management has not been established for the area, by the Chief Executive until a board of management is established for the area, and
(d)  the lease over the area negotiated under this Part is taken to extend and apply to the lands in the same way that the lease applies to the area, and
(e)  the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area.
(4)  Subsections (2) and (3) apply, in relation to the lands added to the area, subject to the following:
(a)  any native title rights and interests that exist in relation to the lands,
(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.
(5)  Despite subsection (3) (e), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category.
Note.
 For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land.
71BB   Tabling of proclamation to add lands if change of land classification involved
(1)  A copy of a proclamation published under section 71BA is to be laid before each House of Parliament within 14 sitting days of that House after the publication of the proclamation if the classification of the lands specified in the proclamation is changed from the classification that the lands have in Schedule 14.
(2)  If a House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after a copy of a proclamation has been laid before it under this section (whether or not those sitting days occur during the same session) and the resolution disallows the reservation taken to be effected by the proclamation of any lands:
(a)  the reservation of the lands as part of the area leased under this Part ceases to have effect on the disallowance, and
(b)  the lands cease to be part of the area concerned and revert to the classification, as lands reserved under this Act and listed in Schedule 14, that they had before the publication of the proclamation, and
(c)  the vesting of the lands in an Aboriginal Land Council or Councils is of no effect, and
(d)  the care, control and management of the lands is to be exercised by the person or body that had the care, control and management of the lands before the publication of the proclamation, and
(e)  the lease of the lands does not operate in respect of the lands, and
(f)  the provisions of this Act and any instrument made under this Act that applied to the lands by reason only of the publication of the proclamation cease to apply to the lands.
71BC   Addition of lands not already reserved under Act
(1)  The Governor may, by proclamation published in the Gazette, reserve or dedicate, as part of an area leased under this Part any of the following:
(a)  Crown lands,
(b)  lands of the Crown,
(c)  lands acquired under section 145, 146 or 148,
(d)  Aboriginal lands.
(2)  On the publication of the proclamation:
(a)  the lands described in the proclamation become Crown lands to the extent to which they were not Crown lands immediately before that publication, and
(b)  if a trustee of all or any part of the lands so described was holding office under any this or any other Act immediately before that publication, the trustee ceases to hold that office in respect of those lands, and
(c)  any by-laws or regulations that, immediately before that publication, applied to the lands cease to apply so far as they relate to the lands, and
(d)  the lands are reserved as part of the area, and
(e)  the lands are vested, or in the case of Aboriginal lands, remain vested, in the Aboriginal Land Council or Councils in which the area is vested, and
(f)  the care, control and management of the lands is to be exercised:
(i)  by the board of management for the area, or
(ii)  if a board of management has not been established for the area, by the Chief Executive until a board of management is established for the area, and
(g)  the lease over the area is taken to extend and apply to the lands in the same way that it applies to the area, and
(h)  the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area.
(3)  Subsection (2) applies, in relation to the lands added to the area, subject to the following:
(a)  any native title rights and interests in relation to the lands,
(b)  any existing interest within the meaning of section 39.
(3A)  Despite subsection (2) (h), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category.
Note.
 For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land.
(4)  To the extent to which a reservation (other than a reservation under Division 4 or this Division), Crown grant or vesting affects lands described in a proclamation published under this section, the publication revokes the reservation, grant or vesting, and the instruments of title (if any) must be surrendered for cancellation or notation.
(5)  In this section, Aboriginal lands, in relation to an Aboriginal Land Council or Councils that are the lessors of an area leased under this Part, means:
(a)  lands owned in fee simple by the Aboriginal Land Council or Councils (other than lands referred to in paragraph (b)), or
(b)  lands granted to the Aboriginal Land Council or Councils under Part 2 of the Aboriginal Land Rights Act 1983, whether or not subject to conditions of the kind referred to in section 36A (2) of that Act,
that the Aboriginal Land Council or Councils have requested, by written notice served on the Minister, be reserved as part of the area vested in the Aboriginal Land Council or Councils.
71BD   Application of certain provisions to additional lands
(1)  Sections 71R and 71S apply to and in respect of lands added to an area reserved under this Part in the same way that they apply to and in respect of lands reserved under Division 3 or 4 except as provided in this section.
(2)  Despite subsection (1), sections 34, 47C, 47I (as substituted by the National Parks and Wildlife Amendment Act 1996), 47Q (as inserted by the National Parks and Wildlife Amendment Act 1996), 47Z (as inserted by that Act), 49, 50, 58B and 58N apply to and in respect of lands reserved under this Part.
71BE   Review of lease after addition of lands
(1)  A party to a lease under this Part may request a review of the provisions of the lease if:
(a)  lands are added to the lands originally leased, and
(b)  the next regular review of the lease in accordance with the requirements of Division 5 is not due within the 2 years next following the date of publication of the proclamation by which lands are added to the lands originally leased.
(2)  Section 71AH applies to and in respect of the review of a lease under this section in the same way that it applies to and in respect of a lease referred to in that section.