ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 350 Revocation and alteration of Commonwealth reserves

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 350

Revocation and alteration of Commonwealth reserves

(1): The Governor-General may revoke or amend a Proclamation under this Subdivision by another Proclamation.

: Note: Section 351 sets out some prerequisites for making Proclamations.

(2): Before the Governor-General makes a Proclamation that results in land, sea or seabed ceasing to be included in a Commonwealth reserve, the Minister must be satisfied:

(a): that the Proclamation, if made, would be in accordance with a resolution passed by each House of Parliament on a motion; and
(b): that notice of the motion was given at least 15 sitting days of that House before the motion was moved.

(3): Subsection (2) does not apply to a Proclamation that results in land, sea or seabed ceasing to be included in one Commonwealth reserve or zone and being included in another Commonwealth reserve or zone.
(4): If the Director ceases to hold land or seabed in a Commonwealth reserve under lease:

(a): the land or seabed ceases to be part of the reserve by force of this paragraph; and
(b): the Governor-General must make a Proclamation revoking or amending the Proclamation that included the land or seabed in a Commonwealth reserve, to reflect the fact that the land or seabed is no longer part of the reserve.

(5): Subsection (4) does not apply if the Director ceases to hold the land or seabed under a lease because:

(a): the Commonwealth becomes the owner of the land or seabed; or
(b): the Director surrenders the lease in consideration of the grant to the Director of another lease of that land or seabed.

(6): Except as described in subsection (4), land, sea or seabed in a Commonwealth reserve does not cease to be within the reserve merely because a usage right relating to the land, sea or seabed is transferred, assigned, surrendered, extinguished or changed in any way.
(7): A usage right is an estate or a legal or equitable charge, power, privilege, authority, licence or permit.

: Note: Section 22 of the Acts Interpretation Act 1901 defines estate .

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