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NATIONAL PARK ESTATE (RIVERINA RED GUM RESERVATIONS) ACT 2010 - SCHEDULE 9

SCHEDULE 9 – Land transfers--ancillary and special provisions

1 Exclusion of freehold and certain leasehold interests

(1) The following land is not reserved by this Act:
(a) land that a person holds for an estate in fee simple,
(b) land that a person holds under a continued perpetual lease, a continued special lease or a continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 ,
(c) land that a person holds under a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016 ,
(d) land that is comprised in an incomplete purchase within the meaning of the Crown Land Management Act 2016 if the land was formerly under a lease of the kind referred to in paragraph (b) or (c),
(e) land that has been transferred to Murrumbidgee Irrigation Limited by operation of the order of the Minister for Land and Water Conservation under section 78 of the Irrigation Corporations Act 1994 dated 26 June 1997.
(2) This clause has effect despite any other provision of this Act.
(3) However, this clause does not apply to any interest in land of the NPW Minister or the Water Administration Ministerial Corporation.

2 Application of Act

(1) This Act has effect despite the provisions of the Forestry Act 1916 and, in particular, despite any different procedure under that Act for the revocation of State forests, national forests, special management zones, flora reserves or timber reserves.
(2) This Act has effect despite the provisions of the National Parks and Wildlife Act 1974 and, in particular, despite any different procedure for reserving or vesting, or revoking the reservation of, land under that Act.

3 Reservation of lands as national parks, regional parks or state conservation areas

(1) The lands reserved as, or as parts of, national parks, regional parks or state conservation areas by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by notice published under Division 1 of Part 4 of that Act.
(2) A reference in the National Parks and Wildlife Act 1974 to the publication of a notice under Division 1 of Part 4 of that Act is, in relation to a reservation of any of the lands described in Schedule 1, 4 or 7 that is effected by this Act, taken to be a reference to the commencement of the operation of the Schedules.
(3) A name assigned to any national park, regional park or state conservation area by this Act is taken to have been assigned to that land by notice published under Division 1 of Part 4 of the National Parks and Wildlife Act 1974 .
(4) Sections 35, 47D and 47R of the National Parks and Wildlife Act 1974 do not apply to a reservation of land as, or as part of, a national park, regional park or state conservation area that is effected by this Act.

4 Existing leases under Forestry Act 1916 affecting lands reserved as national parks

Section 42 (2) of the National Parks and Wildlife Act 1974 applies to and in respect of a lease under the Forestry Act 1916 , being a lease:

(a) affecting any of the lands described in Schedule 1 or 4 that are reserved as, or as parts of, national parks by this Act, and
(b) current and in force immediately before 1 July 2010,
in the same way as that section applies to a licence or permit under the Forestry Act 1916 .

5 Access roads within national parks or regional parks

(1) In this clause:

"access roads" means the roads, tracks, trails and other means of access referred to in subclause (2) (a)-(c).

"private land holding" means land held:
(a) by an owner within the meaning of the National Parks and Wildlife Act 1974 , or
(b) as a holding within the meaning of the Crown Land Management Act 2016 .
(2) This clause applies to and in respect of the following access roads situated within the lands described in Schedule 1, 2 or 4 immediately before 1 July 2010:
(a) roads of access within the meaning of section 33A of the Forestry Act 1916 ,
(b) roads, tracks, trails and other means of access used, immediately before 1 July 2010, for access to private land holdings within those lands,
(c) roads, tracks, trails and other means of access through those lands to State forests or private land holdings that adjoin or are in the vicinity of the lands.
(3) The access roads to which this clause applies are not, on 1 July 2010, reserved as, or as part of, a national park or regional park by this Act but vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:
(a) all trusts, obligations, estates, interests, rights of way or other easements, and
(b) any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.
(4) The access roads may continue, subject to this clause, to be used for the purposes for which they were used immediately before 1 July 2010.
(5) The NPW Minister must, under section 149 of the National Parks and Wildlife Act 1974 , grant a right of way over an access road to which this clause applies for the benefit of a private land holding in order to replace any right of way duly granted under section 20A of the Forestry Act 1916 for the benefit of that land holding and in force immediately before 1 July 2010.
(6) The NPW Minister may from time to time revoke or vary the grant of a right of way under subclause (5).
(7) Before 1 July 2015 the NPW Minister must, by one or more orders published in the Gazette, declare which of the access roads to which this clause applies:
(a) are excluded from reservation as part of a national park or regional park, or
(b) are not so excluded and are reserved as part of the national park or regional park in which they are situated.
An order under this subclause may be published only with the concurrence of the Minister administering the Forestry Act 1916 .
(8) On the publication of an order under subclause (7):
(a) the access roads that are referred to in the order as excluded from reservation as part of a national park or regional park remain vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 and may, subject to this clause, continue to be used for the purposes for which they were used immediately before 1 July 2010, and
(b) the access roads that are not so excluded are reserved as part of the national park or regional park within which they are situated.
(9) Nothing in this clause affects the exercise of any power, authority, duty or function by the NPW Minister or any other person under and in accordance with the National Parks and Wildlife Act 1974 in relation to any access road to which this clause applies.
(10) While a private land holding is in private ownership, nothing in this clause authorises the NPW Minister to close any access road that comprises the only practical means of access to the land holding.
(11) This clause has effect despite the provisions of the Forestry Act 1916 .

6 Status of land vested in NPW Minister

(1) Any land that is vested by this Act in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 is taken to have been acquired by that Minister under that Part, and may be dealt with by that Minister as if it had been so acquired.
(2) Any such land is, to the extent that it relates to land subject to a lease preserved by section 7 or 10, taken to be Crown land reserved from sale for the purpose of any application by the holder of the lease to purchase the land comprised in the lease.

7 Provisions relating to activities carried out on land vested in NPW Minister

(1) This clause applies to and in respect of land vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 by this Act.
(2) For the avoidance of doubt, the purposes for which the NPW Minister's powers under section 149 of the National Parks and Wildlife Act 1974 may be exercised in respect of land to which this clause applies include enabling an activity to continue to be carried out that was carried out on the land before it was so vested.
(3) The Director-General of the Department of Environment, Climate Change and Water may authorise the use of relevant access roads for the purpose of enabling any lawful activity to be carried out on the land to which this clause applies.
(4) In this clause,
"relevant access roads" means roads, tracks, trails and other means of access through any land reserved under the National Parks and Wildlife Act 1974 to land to which this clause applies.

8 Administration of existing interests affecting land vested in NPW Minister

(1) The administration of matters relating to existing interests affecting any of the lands described in Schedule 3 or 6, and preserved by section 7 or 10, is vested in the NPW Minister.
(2) For the purposes of subclause (1), the NPW Minister has the powers of the Minister administering the Crown Land Management Act 2016 .
(3) In this clause,
"existing interest" means a continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind) or a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016 .

9 Saving in relation to revocations

A revocation effected by this Act does not affect anything done or omitted to be done before the revocation takes effect.

10 Non-application of section 138 of Roads Act 1993

Section 138 of the Roads Act 1993 does not apply to anything done under a provision of this Act in relation to a road that is, or is on, land reserved under this Act.

11 Provisions relating to certain existing access roads

(1) In this clause:

"access road" means an access road to which clause 5 of this Schedule applies.

"exclusion order" means an order under clause 5 (7) of this Schedule that excludes an access road from reservation under this Act.
(2) At the time an exclusion order is made, the NPW Minister may, by order published in the Gazette, determine a width (not being a width greater than 30 metres) for an access road that is to be excluded from reservation under this Act by the exclusion order.
(3) An order under subclause (2) may:
(a) be made only with the concurrence of the Minister administering the Forestry Act 1916 , and
(b) be made by the same order that constitutes the exclusion order concerned, and
(c) be made only if the NPW Minister has determined it is appropriate after considering:
(i) the objects of the National Parks and Wildlife Act 1974 , and
(ii) whether a road of the determined width is necessary to provide access to land in the vicinity of the road or to provide an appropriate setback (within the meaning of section 13) from the carriageway of the road.
(4) On the making of an order under subclause (2):
(a) land of the determined width that follows the centreline of the access road (as it existed before the order was made) vests, if it is not already vested, in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:
(i) all trusts, obligations, estates, interests, rights of way or other easements, and
(ii) any dedication, reservation, Crown grant or vesting to which the land is subject, and any such dedication, reservation, grant or vesting is revoked, and
(b) the land referred to in paragraph (a) is taken to be an access road and may continue to be used for the purposes for which it was used immediately before the making of the order, and
(c) if any land was vested in the NPW Minister by virtue of being an access road, but is not covered by the land referred to in paragraph (a), the land is reserved as part of the reserved land within which it is situated.



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