Lane Cove National Park (Sugarloaf Point Additions) Act 1996 (NSW)

An Act to reserve, as part of the Lane Cove National Park, the land known as Sugarloaf Point and certain other land.

Part 1Preliminary1Name of Act

This Act is the Lane Cove National Park (Sugarloaf Point Additions) Act 1996.

2Commencement

This Act commences on the date of assent.

3Definitions

In this Act:

Director-General means the Director-General of National Parks and Wildlife.

Marine Ministerial Holding Corporation means the Marine Ministerial Holding Corporation constituted under the Ports Corporatisation and Waterways Management Act 1995.

the map means the map marked “Lane Cove National Park (Sugarloaf Point Additions) 1996” and presented to the Speaker of the Legislative Assembly (by or on behalf of the Member of the Assembly who introduced the Bill for this Act) when the Bill was read a second time in the Assembly.

4Notes

Notes in this Act do not form part of the Act.

Part 2Reservation of additional land as part of Lane Cove National Park5Reservation of land as national park(1)

The land shown on the map by heavy black edging (whether with or without hatching) is reserved as part of the Lane Cove National Park.

(2)

This section does not apply to so much of the land concerned as is not prescribed lands (within the meaning of section 33 of the National Parks and Wildlife Act 1974) or is a public road.

Note—

In section 33 of the National Parks and Wildlife Act 1974prescribed lands means:

• (a)

  Crown lands within the meaning of the Crown Lands Consolidation Act 1913, or

• (b)

  those parts of the seabed and of the waters beneath which it is submerged that are within the territorial jurisdiction of New South Wales and not within the Eastern Division described in the Second Schedule to the Crown Lands Consolidation Act 1913, or

• (c)

  lands vested in a Minister of the Crown or in a public authority, or

• (d)

  lands acquired under section 145, 146 or 148 of the National Parks and Wildlife Act 1974.

6Preparation of formal description of land reserved(1)

Within 6 months after the commencement of this Act (or such other period as the Minister may allow), the Director-General is to cause to be prepared, as accurately as is reasonably possible, a metes and bounds or other appropriate description of all of the land shown on the map by heavy black edging.

(2)

A description of land under this section may include a description of any easement or restriction to which the land is subject.

7Publication in the Gazette of formal description of land reserved(1)

Within the period referred to in section 6, the Minister is to cause to be published in the Gazette a notification containing the description referred to in that section together with a certificate of a registered surveyor to the effect that the land in the description substantially accords with the land shown on the map by heavy black edging.

(2)

On publication of the notification, the description in the notification is taken to replace the map.

8Date reservation takes effect(1)

A reservation of land under this Act takes effect:

• (a)

  in the case of the land shown on the map by heavy black edging and hatching—on the commencement of this Act, and

• (b)

  in the case of the land shown on the map by heavy black edging without hatching—on the date of publication in the Gazette under section 7 of a notification describing the land shown on the map by heavy black edging.

(2)

If any of the land shown on the map by heavy black edging and hatching is not included in the notification describing the land published in the Gazette under section 7, the land that is not so included is taken never to have been reserved under this Act.

(3)

If the description in that notification includes any land not shown on the map by heavy black edging and hatching (other than the land shown by heavy black edging without hatching), the land concerned is taken to have been reserved under this Act on the commencement of this Act.

Part 3Ancillary provisions9Land reserved to mean low water mark

So much of the land reserved under this Act as adjoins tidal waters is reserved to the mean low water mark.

10Land taken to be reserved under National Parks and Wildlife Act 1974(1)

Land reserved as part of the Lane Cove National Park under this Act is, for the purposes of the National Parks and Wildlife Act 1974, taken to have been so reserved by a proclamation made under section 33 (3) of that Act.

(2)

A reference in the National Parks and Wildlife Act 1974 to the publication of a proclamation under section 33 (3) of that Act is, in relation to a reservation of land under this Act, taken to be a reference to the enactment of this Act.

(3)

Section 35 of the National Parks and Wildlife Act 1974 does not apply in relation to a reservation of land under this Act.

(4)

This Act has effect despite section 34 (2) of the National Parks and Wildlife Act 1974.

11Transfer of certain rights, liabilities and property

Section 46 of the National Parks and Wildlife Act 1974 applies in relation to so much of the land reserved under this Act as was, immediately before that reservation, vested in the Marine Ministerial Holding Corporation, as if a reference in section 46 to persons ceasing to hold office as trustees of lands reserved as part of a national park included a reference to that Corporation.

12No compensation payable in respect of reserved land

No compensation or other consideration of any kind is payable, directly or indirectly, by the Minister or by any other person, to the Marine Ministerial Holding Corporation, or to any other person, for land reserved under this Act.