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NATIONAL PARKS AND CROWN LAND (RESERVES) ACTS AMENDMENT ACT 2008 (NO. 54 OF 2008) - SECT 19

New Division 6 of Part 6 inserted

After Division 5 of Part 6 of the Crown Land (Reserves) Act 1978 insert

" Division 6—Further transitional provisions—2008 Act

        64     Definition

In this Part, 2008 Act means the National Parks and Crown Land (Reserves) Acts Amendment Act 2008 .

        65     Roads to cease—Castlemaine Diggings National Heritage Park

On the commencement of section 20 of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 109A/3 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

        66     Transitional provision—Cobboboonee Forest Park

On the commencement of section 22 of the 2008 Act—

        (a)     any reservation, under this or any other Act, of an area of the land described in Division 2 of Part 7 of the Fifth Schedule that was in force immediately before that commencement is revoked; and

        (b)     any regulations made under section 13 of this Act that applied to the land immediately before that commencement are revoked in so far as they apply to the land; and

        (c)     subject to paragraph (d), the land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement; and

        (d)     despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land under the Extractive Industries Development Act 1995 , the Forests Act 1958 , the Geothermal Energy Resources Act 2005 , the Land Act 1958 , the Mineral Resources (Sustainable Development) Act 1990 , the Petroleum Act 1998, the Water Act 1989 or this Act and in force immediately before that commencement continues in force subject to its terms and conditions; and

        (e)     the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./08-010 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

        67     Rights to cease—reserved forest on roads adjacent to Cobboboonee Forest Park

On the commencement of section 22 of the 2008 Act, the lands delineated and coloured brown on the plans lodged in the Central Plan Office and numbered LEGL./08-009 and LEGL./08-010 cease to be reserved forest.

        68     Transitional and saving provisions—Otway Forest Park

        The Order referred to in section 42(2) of this Act (as in force before the commencement of section 22 of the 2008 Act) is deemed always to have had effect as if the land delineated and coloured pink on the plans numbered LEGL./06-453 and LEGL./06-454 did not include Crown Allotment 1H2, Section A, Parish of Yaugher.".



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