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RESERVES (NATIONAL PARKS AND CONSERVATION PARKS) ACT 2004 (NO. 63 OF 2004) - SECT 16

16 .         Class A reserve No. 47881 in the Cities of Armadale and Gosnells and Shire of Kalamunda

        (1)         In this section —

        “granted” means granted under the Land Administration Act 1997 section 144;

        “relevant easement” , in relation to the proprietor or lessee of land, means the easement that, on being granted, gives access to that land.

        (2)         Nothing in this section operates to cancel or otherwise affect the easement shown on Deposited Plan 26582 that —

            (a)         was registered under the Transfer of Land Act 1893 on 11 May 1989 as easement E098676; and

            (b)         benefits —

                  (i)         Lot 702 as shown on Diagram 83203, being the land described in Certificate of Title volume 1971 folio 410; and

                  (ii)         Lot 703 as shown on Diagram 83203, being the land described in Certificate of Title volume 1971 folio 411.

        (3)         State forest No. 7 and State forest No. 22 are amended by excising an area of about 271 ha and an area of about 5 404 ha respectively, being part of the land in Lots 3071, 3073, 3074, 3075, 3076, 3077 and 3078 as shown coloured green on Deposited Plan 36440.

        (4)         Reserve No. 1774, comprising an area of 3 411.013 5 ha reserved for the purpose of Perth water supply and classified as other than a class A reserve, is amended by excising an area of about 2 012 ha, being part of the land in Lot 3071 as shown coloured green on Deposited Plan 36440.

        (5)         Reserve No. 21172, comprising an area of 40.468 6 ha reserved for the purpose of water and classified as other than a class A reserve and being the land in Canning Location 970, is cancelled.

        (6)         The whole of Eden Crescent, View Road, Vernon Road and Alice Road and all those portions of Fitzroy Road, Gladys Road, Mabel Road and Edward Road as shown on Plan 5176 and Deposited Plans 127015, 171447 and 222583, comprising an area of about 7.6 ha and being part of the land in Lot 3070 as shown coloured green on Deposited Plan 36440, are closed.

        (7)         The whole of Hayes Road and all those portions of Carinyah Road, Littelys Road and Springdale Road as shown on Deposited Plans 202184, 226016, 226033 and 226046, comprising an area of about 17.9 ha and being part of the land in Lot 3071 as shown coloured green on Deposited Plan 36440, are closed.

        (8)         All those portions of Alban Road and Walnut Road as shown on Deposited Plan 202177, comprising an area of about 3 ha and being part of the land in Lot 3074 as shown coloured green on Deposited Plan 36440, are closed.

        (9)         All that portion of McCorkill Road as shown on Deposited Plan 89574, comprising an area of about 0.6 ha and being part of the land in Lot 3075 as shown coloured green on Deposited Plan 36440, is closed.

        (10)         All those portions of unnamed road as shown on Deposited Plans 128459, 202198, 202177, 202178 and 202197, comprising an area of about 6.6 ha and being part of the land in Lots 3071, 3074 and 3076 as shown coloured green on Deposited Plan 36440, are closed.

        (11)         On the closure of the roads and portions of road mentioned in subsections (6), (7), (8), (9) and (10) —

            (a)         all rights of way over the land comprising the former roads and portions of road cease; and

            (b)         that land becomes unallocated Crown land.

        (12)         The relevant easement shown on Deposited Plan 36440 is granted to the proprietor of the land (the "benefited land") in Lot 255 as shown on Deposited Plan 250204 over the land in Lot 3071 as shown coloured green on Deposited Plan 36440 for the purpose of access to the benefited land.

        (13)         The relevant easement shown on Deposited Plan 36440 is granted to the lessee of the land (the "benefited land") that is the subject of Mining Lease 70/733 over the land in Lot 3071 as shown coloured green on Deposited Plan 36440 for the purpose of access to the benefited land.

        (14)         The land in each lot or part lot specified in column 1 of Schedule 2, as shown on the corresponding diagram or plan specified in column 2 of Schedule 2 and being the land described in the corresponding certificate of title specified in column 3 of Schedule 2 —

            (a)         is transferred to and revested in the Crown;

            (b)         is Crown land; and

            (c)         is part of the land in Lots 3070, 3071 and 3072 as shown coloured green on Deposited Plan 36440.

        (15)         The land in Lots 3070, 3071, 3072, 3073, 3074, 3075, 3076, 3077 and 3078 as shown coloured green on Deposited Plan 36440, comprising an area of about 6 344 ha, is —

            (a)         reserved under the Land Administration Act 1997 Part 4 for the purpose of a national park; and

            (b)         classified as class A reserve No. 47881.



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