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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 184A
TfNSW roads within Kosciuszko National Park
(1) In this section--
"TfNSW" means Transport for NSW constituted under the
Transport Administration Act 1988 .
"the excised land" means land in the lots described in Schedule 16. Note : The
plans referred to in Schedule 16 were, when this section commenced, held at
the RTA Property and Land Information Branch, Centennial Plaza, Elizabeth
Street, Sydney. It is intended that the plans will be registered as deposited
plans.
(2) On the commencement of this section-- (a) the reservation under
this Act of the excised land as part of Kosciuszko National Park is revoked,
and
(b) the excised land vests in the Roads and Traffic Authority for an
estate in fee simple, freed and discharged from any trusts, obligations,
estates, interests and rights-of-way or other easements existing immediately
before its vesting.
Note : The excised land is now vested in TfNSW as the
successor to the RTA and RMS.
(3) Without affecting the generality of
subsection (2), any lease or sublease of, or licence relating to, any land
that consisted of or included excised land immediately before the vesting of
the excised land by this section does not apply to the excised land after the
vesting, but is not otherwise affected by the vesting.
(4) Persons authorised
in that behalf by TfNSW may enter (and remain for as long as may reasonably be
necessary on) land adjoining or adjacent to excised land, with or without
vehicles, plant and equipment, after giving reasonable notice to the Secretary
and any lessee or sublessee (or, in an emergency, without notice), for the
purpose of-- (a) inspecting, building, rebuilding, repairing or maintaining
roads on the excised land and ancillary infrastructure (such as drainage
works) on the excised land or the adjoining or adjacent land, or
(b)
inspecting, placing, replacing, removing, repairing, maintaining or augmenting
devices on the adjoining or adjacent land that measure hydrological features
or land movement relating to use of the excised land for the purpose of roads.
(5) Despite any lease or licence entered into before or after the commencement
of this section, any such ancillary infrastructure or device (whether or not a
fixture) placed on the adjoining or adjacent land before or after the
commencement of this section by a person authorised by TfNSW-- (a) is the
property of TfNSW, and
(b) without giving rise to an action in nuisance, may
remain and be used on that land.
(6) No compensation is payable by the
Minister, TfNSW or any lessee, sublessee or licensee, or by any person
claiming through any lessee, sublessee or licensee, as a consequence of the
operation of subsection (2), (3), (4) or (5).
(7) For the purposes only of
provisions of this Act and the regulations (including provisions relating to
the control of traffic) that are necessary for park management purposes and
the collection of fees for park use, the excised land is taken to be reserved
as part of Kosciuszko National Park.
(8) Subsection (7) does not have the
effect of-- (a) preventing or restricting the carrying out of development for
the purpose of roads on the excised land by or on behalf of TfNSW, or
(b)
restricting the operation of the road transport legislation with respect to
roads or road related areas within the meaning of section 4 (1) of the
Road Transport Act 2013 or the operation of the Roads Act 1993 with respect
to public roads, or
(c) authorising the erection of any device if the
erection of the device is inconsistent with a function exercisable under the
Road Transport Act 2013 with respect to roads or road related areas within the
meaning of section 4 (1) of that Act or under the Roads Act 1993 with respect
to public roads.
(9) This section does not operate to extinguish any native
title rights and interests, within the meaning of the Native Title Act 1993
of the Commonwealth, existing in relation to the excised land before its
vesting by this section.
(10) However, this section does not affect any
extinguishment of native title rights and interests by the operation of the
Native Title Act 1993 of the Commonwealth or the Native Title (New South
Wales) Act 1994 .
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