South Australian Proclamations and Notices

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National Parks and Wildlife (Reserves) (Seal Bay and Vivonne Bay Conservation Parks) Variation Proclamation 2003

under section 43(4) of the National Parks and Wildlife Act 1972

Preamble

1 By proclamation made under Part 3 of the National Parks and Wildlife Act 1972 on 4 November 1993 (see Gazette 4.11.1993 p2175)—

(a) the following land was added to the Seal Bay Conservation Park:

Section 3, Hundred of Seddon;

(b) the following land was added to the Vivonne Bay Conservation Park:

Sections 6 and 125, Hundred of Newland.

2 The proclamation provided that rights of entry, prospecting, exploration and mining under the Mining Act 1971 or under the Petroleum Act 1940 (as it then was) could in certain circumstances be acquired or exercised in relation to the land added to the Conservation Parks.

3 It is now intended that the proclamation be varied so that—

(a) rights of entry, prospecting, exploration or mining under the Mining Act 1971 are no longer able to be acquired in relation to the land added to the Seal Bay Conservation Park; and

(b) rights of entry, prospecting, exploration or mining under the Petroleum Act 1940 (or its successor) are no longer able to be acquired or exercised in relation to the land added to the Seal Bay Conservation Park; and

(c) rights of entry, prospecting, exploration or mining under the Mining Act 1971 or the Petroleum Act 1940 (or its successor) are no longer able to be acquired or exercised in relation to the land added to the Vivonne Bay Conservation Park.

4 Resolutions requesting the making of this proclamation have been passed by both the House of Assembly and the Legislative Council.

Part 1—Preliminary

1—Short title

This proclamation may be cited as the National Parks and Wildlife (Reserves) (Seal Bay and Vivonne Bay Conservation Parks) Variation Proclamation 2003.

2—Commencement

This proclamation comes into operation on the day on which it is made.

3—Variation provisions

In this proclamation, a provision under a heading referring to the variation of a specified proclamation varies the proclamation so specified.

Part 2—Variation of proclamation under National Parks and Wildlife Act 1972 constituting, adding land to, and preserving mining rights in, reserves (Gazette 4.11.1993 p 2175)

4—Variation of clause 2

(1) Clause 2—delete "schedule 2" and substitute:

schedules 2, 3 and 4

(2) Clause 2—delete "of that schedule" and substitute:

of the schedule

5—Insertion of clause 4A

After clause 4 insert:

4A Subject to clause 5, rights of entry, prospecting, exploration or mining under the Mining Act 1971 existing immediately prior to the commencement of this clause may continue to be exercised in respect of the land described in schedule 3.

6—Variation of clause 5

Clause 5—delete "schedules 1 or 2" and substitute:

schedule 1, 2 or 3

7—Variation of Schedule 2

Schedule 2—delete the items relating to Seal Bay Conservation Park and Vivonne Bay Conservation Park

8—Insertion of Schedules 3 and 4

After Schedule 2 insert:

SCHEDULE 3

SCHEDULE 4

Made by the Governor

pursuant to the resolution of both Houses of Parliament referred to in the preamble and with the advice and consent of the Executive Council
on 23 January 2003

EC 02/0058 CS

[Published in the Gazette on 23 January 2003 at page 319]

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