Reserves Act and Reserves Amendment Act 1984 (WA)
WESTERN AUSTRALIA.
RESERVES ACT AND
RESERVES.
No. 6 of 1984
AN ACT relating to certain Reserves and other lands
and to amend the Reserves Act (No. 3) 1939.
[Assented to 17 May 1984.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the Reserves Act and Snort title.
Reserves Amendment Act 1984.
2. Reserve No. 1653, classified as of Class A, con- Ms eir6v5e3
taining 1.557 6 hectares, and set apart for "Parking" Bridgetown.
is hereby cancelled.
| No. 6.] | Reserves Act and Reserves. | [1984. |
Reserve
Reserve No. 8606, classified as of Class A, con- taining 1.802 8 hectares or thereabouts, set apart for "Recreation" and vested in the Shire of Busselton is hereby cancelled.
| No. 8606 at | 3. |
Busselton.
Reserve
Reserve No. 9719, classified as of Class A, con- taining 7 752 square metres or thereabouts, set apart for "Recreation" and vested in the Shire of Busselton is hereby cancelled.
| No. 9719 at | 4. |
Busselton.
Reserve
| No. 9338 at | 5. | Reserve No. 9338, classified as of Class A, con- |
| Subteen | taining 2.862 4 hectares and set apart for "Educa- tional" is hereby cancelled. |
| Reserve No. |
Reserve No. 17672, classified as of Class A, containing 4 047 square metres, set apart for "Protection of Flora (King Jarrah)" and vested in the Shire of Manjimup is hereby cancelled.
| 17672 near | 6. |
Manjimup.
Reserve No.
Reserve No. 23630, classified as of Class A, containing 197.081 9 hectares set apart for "National Park" and vested in the Shire of Manjimup is hereby cancelled.
| 23630 near | 7. |
Manjimup.
Reserve
Reserve No. 20167, classified as of Class A, containing 280.851 8 hectares, set apart for "Camp- ing and Recreation" and placed under the control of the Shire of Manjimup is hereby cancelled.
| No. 20167 | 8. |
south of
Northcliffe.
Reserve
Reserve No. 30523, classified as of Class A, containing 4 101.784 9 hectares or thereabouts and set apart for "Conservation of Flora and Fauna" is hereby cancelled.
| No. 30523 | 9. |
south of
Northcliffe.
Reserve
| No. 24158 | 10. Reserve No. 24158, classified as of Class A, |
| south of |
| Northcliffe. | containing 29.946 7 hectares and set apart for "Camping and Water" is hereby cancelled. |
| 1984.] 11. (1) Reserve No. 10433, classified as of Class | Reserves Act and Reserves. | [No. 6. |
Reserve
Nos. 10433 and 4561 at
| C, containing 1.849 1 hectares or thereabouts and | Bedfordale. |
| set apart for "Gravel" is hereby cancelled. | |
| (2) Reserve No. 4561, classified as of Class A, con- taining 450.837 8 hectares or thereabouts, set apart for "Parklands" and vested in the Town of Armadale is hereby amended by including the land referred to in subsection (1) of this section. |
12. (1) Reserve No. 38190, classified as of Class C, Was: r3v8eig 0
containing 8 936 square metres, set apart for '',1,,d21.1)201g.
"Recreation" and vested in the City of Nedlands is
hereby cancelled.
(2) Reserve No. 27250, classified as of Class A, containing 8 600 square metres, set apart for "Re- creation" and vested in the City of Nedlands is hereby amended by including the land referred to in subsection (1) of this section.
13. (1) Reserve No. 27871, classified as of Class N ose 27671
C, containing 206.270 8 hectares, set apart for tivigit2:291 "Conservation of Flora and Fauna" and vested in Watheroo.
the Western Australian Wildlife Authority is hereby
cancelled.
(2) Reserve No. 24491, classified as of Class A, containing 39 788 hectares or thereabouts, set apart for "National Park" and vested in the National Parks Authority of Western Australia is hereby amended by including the land referred to in subsection (1) of this section.
| (1) Reserve No. 36912, classified as of Class C, containing 83.4 hectares or thereabouts, set apart for | Nos. 36912 |
| Reserve | |
| and 36915 | |
| in the | |
| "Recreation" and vested in the Minister for the | Dampier |
| Archipelago. | |
| Environment is hereby cancelled. | |
| (2) Reserve No. 36915, classified as of Class A, containing 4 352 hectares or thereabouts, set apart for "Conservation of Flora and Fauna" and vested |
14.
| No. 6.] | Reserves Act and Reserves. | [1984. |
in the Western Australian Wildlife Authority is hereby amended by including the land referred to in subsection (1) of this section.
Reserve
(1) Reserve No. 38421, classified as of Class A, containing 5 109 square metres, set apart for "Perth Mint" and vested in the Director of the Perth Mint is hereby cancelled.
| Nos. 38421 | 15. |
and 3293 at
East Perth.
(2) Reserve No. 3293, classified as of Class A, con- taining 6 778 square metres, set apart for "Mint" and vested in the Director of the Perth Mint is hereby amended by including the land referred to in subsection (1) of this section.
Reserve
(1) Reserve No. 15677, classified as of Class (2) Reserve No. 31362, classified as of Class A, containing 17 670.455 0 hectares or thereabouts, set apart for "National Park" and vested in the National Parks Authority of Western Australia is hereby amended by including the land referred to in sub- section (1) of this section.
| Nos. 15677 | 16. |
and 31362
| near | A, containing 742.665 3 hectares and set apart for |
| Nornalup. | "Protection of Flora—Red Flowering Gum" is hereby cancelled. |
| Reserve |
Reserve No. 1275, classified as of Class A, containing 9 631 square metres and set apart for "Recreation and Parklands" is hereby amended by including an area of 1 012 square metres comprising Wyndham Lot 1042.
| No. 1275 at | 17. |
Wyndham.
Reserve
Reserve No. 7214, classified as of Class A, containing 12.413 8 hectares, set apart for "Recrea- tion" and vested in the City of Subiaco is hereby amended by including an area of 7 093 square metres comprising Swan Location 10211.
| No. 7214 at | 18. |
Shenton
Park.
Reserve
| No. 10922 | 19. Reserve No. 10922, classified as of Class A, containing 122.564 2 hectares or thereabouts, set apart for "National Park" and vested in the National |
| south of | |
| Yallingup. |
| 19841 | Reserves Act and Reserves. | [No. 6. |
Parks Authority of Western Australia is hereby amended by including an area of 16.640 2 hectares or thereabouts comprising Sussex Location 4783.
| Reserve No. 18527, classified as of Class A, containing 1.572 3 hectares, set apart for "Recrea- | Reserve No. 18527 at |
| Donnybrook. | |
| tion" and vested in the Shire of Donnybrook- Balingup is hereby amended by including an area of 592 square metres comprising Donnybrook Lot 480. |
20.
| Reserve No. 24306, classified as of Class A, containing 14.556 0 hectares or thereabouts set apart | Reserve |
| No. 24306 at | |
| Coogee | |
| Beach. | |
| for "Recreation and Purposes Incidental Thereto" and vested in the City of Cockburn is hereby amended by including an area of 3 254 square metres comprising Clarence Lot 144. |
21.
22. Reserve No. 26650, classified as of Class A, Res 26650
by including an area of 2 225 square metres compris- ing Plantagenet Location 7473.
containing 1 264.787 9 hectares, set apart for near Green
"National Park" and vested in the National Parks
23. Reserve No. 26808, classified as of Class A, Reserve
containing 104 406.861 4 hectares, set apart for pi 31lia.
"Conservation of Flora and Fauna" and vested in
the Western Australian Wildlife Authority is hereby
amended by including an area of 137 hectares or
thereabouts comprising Hardey Location 3.
24. Reserve No. 27956, classified as of Class A, Reserve56
containing 4 635.227 6 hectares or thereabouts, set eAttgry.
apart for "Conservation of Fauna" and vested in
the Western Australian Wildlife Authority is hereby
amended by including an area of 7.482 2 hectares
comprising Plantagenet Location 7429.
| No. 6.] | Reserves Act and Reserves. | [1984. |
Reserve
Reserve No. 31737, classified as of Class A, comprising 234 314.968 0 hectares or thereabouts, set apart for "National Park" and placed under the control of the National Parks Authority of Western Australia is hereby amended by including an area of 64.764 9 hectares comprising Kent Location 2090.
| No. 31737 | 25. |
north of
Bremer Bay.
| Reserve | 26. |
Reserve No. 35637, classified as of Class A, containing 49 878.546 6 hectares, set apart for "National Park" and vested in the National Parks Authority of Western Australia is hereby amended by including an area of 10 477 hectares comprising Edjudina Location 8.
No. 35637 north of Kalgoorlie.
Reserve
Reserve No. 15513, classified as of Class A, containing 21.870 7 hectares or thereabouts, set apart for "Recreation and Showground" and vested in the Shire of Denmark is hereby amended by including an area of 8 628 square metres comprising Denmark Lots 915, 916, 917, 918, 919, 920, 921, 922 and 923.
| No. 15513 at | 27. |
Denmark.
| Reserve | 28. |
Reserve No. 36128, classified as of Class A, "Conservation of Flora and Fauna" and vested in the Western Australian Wildlife Authority is hereby amended by including an area of 122.031 5 hectares comprising Roe Locations 3084, 3085 and 3086.
No. 36128
between the
| Shires of | containing 32 096.733 6 hectares, set apart for |
| Lake Grace | |
| and Kulin. | |
| Reserve |
| No. 18987 | 29. |
Reserve No. 18987, classified as of Class A, containing 2 401.064 9 hectares, set apart for "Porongurup National Park" and vested in the National Parks Authority of Western Australia is hereby amended by including
north of
Albany.
| (a) | an area of 40.468 6 hectares comprising Plantagenet Location 7 526; and |
| (b) | an area of 69.664 1 hectares comprising Porongurup Estate Lot 25. |
| 1984.] | Reserves Act and Reserves. | [No. 6. |
Reserve
| Reserve No. 3868, classified as of Class A, containing 2.124 6 hectares and set apart for "School | No. 3868 at |
| Boulder. | |
| Site" is hereby amended by including the closed portions of Moran Street and Wittenoom Street con- tained in Boulder Lot 3629 as surveyed and shown on Lands and Surveys Diagram 84244. | |
| Reserve |
30.
31.
| Reserve No. 1916, classified as of Class A, containing 247.410 2 hectares, set apart for "Water" | No. 1916 north west |
| of Rocky | |
| and vested in the Minister for Water Resources is | Gully. |
| hereby amended by including an area of 2.812 6 hectares being the closed portion of Road No. 1632 shown coloured blue on Lands and Surveys Plan 15166. |
32. Reserve No. 19082 classified as of Class A, ggn9882
| containing 697.273 4 hectares or thereabouts, set Yur t | in%kung. |
| apart for "Conservation of Flora and Fauna" and vested in the Western Australian Wildlife Authority is hereby amended by including an area of 22.679 6 hectares or thereabouts, being closed portions of Road No. 7574, so that the reserve is comprised of the whole of Williams Location 15716 as shown on Lands and Surveys Plan No. 15321. |
33. Reserve No. 25886, classified as of Class A, gnr5v8861,
containing 153.570 3 hectares, set apart for "Con- Nglifien:t_
servation of Flora and Fauna" and vested in the Tarrandale.
Western Austrailan Wildlife Authority is hereby amended by including an area of 2.333 4 hectares or thereabouts, being a closed road, so that the reserve is comprised of the whole of Peel Estate Lot 1348 as surveyed and shown on Lands and Surveys Plan 15931.
34. Reserve No. 2738, classified as of Class A, Nos e217373 at
set apart for "Conservation of Flora and Fauna" erg? of 29.500 0 hectares being the whole of Murray Loca- tion 1776 as shown on Lands and Surveys Diagram
and vested in the Western Australian Wildlife
| No. 6.] | Reserves Act and Reserves. | [1984. |
Reserve
Reserve No. 15556, classified as of Class A, containing 508.689 9 hectares or thereabouts, set apart for "Fauna Conservation and Research and Drainage" and vested in the Western Australian Wildlife Authority, is hereby amended to comprise an area of 538.475 1 hectares being Cockburn Sound Location 2726 as surveyed and shown on Lands and Surveys Plan No. 15761.
| No. 15556 at | 35. |
Jandakot.
Reserve
Reserve No. 4486, classified as of Class A, containing 5.564 4 hectares or thereabouts, set apart for "Recreation" and vested in the Shire of Serpen- tine-Jarrandale is hereby amended by including an area of 5 778 square metres or thereabouts so that the reserve is comprised of the whole of Mundijong Lot 217 as surveyed and shown on Lands and Surveys Diagram 84562.
| No. 4486 at | 36. |
Mundijong.
Reserve
Reserve No. 8176, classified as of Class A, containing 1.416 4 hectares and set apart for "Recreation" is hereby amended by including an area of 1.815 6 hectares so that the reserve is comprised of the whole of Broome Lot 1317 as surveyed and shown on Lands and Surveys Plan 14367.
| No. 8176 at | 37. |
Broome.
Reserve
Reserve No. 22527, classified as of Class A, containing 3.642 2 hectares or thereabouts, set apart for "Recreation" and vested in the City of Nedlands is hereby amended by including an area of 2 138 square metres or thereabouts so that the reserve is comprised of the whole of Swan Location 5168 as shown bordered red on Lands and Surveys Reserve Diagram 505.
| No. 22527 at | 38. |
Nedlands.
| Reserve | 39. |
Reserve No. 34322, classified as of Class A, containing 3.108 6 hectares or thereabouts, set apart for "Recreation" and vested in the City of Subiaco is hereby amended by including an area of 130 square metres or thereabouts so that the reserve is comprised of Swan Locations 9514, 10020 and 10021 as shown bordered red on Lands and Surveys Reserve Diagram 506.
No. 34322 at
Crawley.
| 1984.] 40. Reserve No. 1668, classified as of Class A, | Reserves Act and Reserves. | [No. 6. |
Reserve
No. 1668 at
| containing 14.141 1 hectares, set apart for "Recrea- | Dalketth. |
| tion" and vested in the City of Nedlands is hereby amended by excising an area of 1863 square metres comprising Swan Location 10307. | |
| Reserve | |
| 41. Reserve No. 8431, classified as of Class A, containing 530.7309 hectares and set apart for | No. 8431 at |
| Prevelly. | |
| "Protection and Preservation of Caves and Flora and for Health and Pleasure Resort" is hereby amended by excising an area of 1165 square metres comprising |
(a) Sussex Location 4782; and
| (b) | the road widening shown coloured dark brown on Lands and Surveys Diagram 85834. |
Reserve
| 42. The purpose of Reserve No. 23234, classified as of Class A, containing 102.102 2 hectares and set | No. 23234 south of |
| Manj1mup. | |
| apart for "Stopping Place and National Park" is hereby changed to "Recreation and Parklands". | |
| Reserve | |
| 43. The purpose of Reserve No. 13289, classified as of Class A, containing 22.662 4 hectares and set | No. 13289 south of |
| Tambellup. | |
| apart for "Water and Camping" is hereby changed to "Water and Conservation of Flora and Fauna". | |
| 44. The purpose of Reserve No. 17125, classified as of Class A, containing 19.247 9 hectares and set | Reserve |
| No. 17125 | |
| near | |
| Boddington. | |
| apart for "National Park" is hereby changed to "Parkland". | |
| 45. The purpose of Reserve No. 22624, classified as of Class A, containing 8.526 2 hectares, set apart | ReserveNo. 22624 at |
| Busselton. | |
| for "Camping and Recreation" and vested in the Shire of Busselton is hereby changed to "Parklands and Recreation". |
| No. 6.] | Reserves Act and Reserves. | [1984. |
Purpose of
| certain | 46. The purpose set out in column 2 of the |
| Reserves |
| changed to | Schedule to this Act opposite and corresponding to |
| "Conserva- | |
| tion of | each of the Reserves classified as of Class A and |
| Flora and | |
| Fauna". | specified in column 1 of that Schedule, is changed from the purpose so set out to the purpose "Conser- vation of Flora and Fauna". |
| Reserve | |
| Nos. 20171 | 47. (1) Reserve No. 20171, classified as of Class "National Park" and vested in the National Parks Authority of Western Australia is hereby cancelled. |
| and 8428 | |
| south of | A, containing 312.093 6 hectares, set apart for |
| Ya/lingup. | |
| (2) Reserve No. 8428, classified as of Class A, containing 68.391 9 hectares, set apart for "National Park" and vested in the National Parks Authority of Western Australia is hereby amended by |
| (a) | including the land referred to in subsection (1) of this section; |
| (b) | including an area of 29.956 5 hectares comprising Sussex Location 4750; and |
| (c) | excising an area of 24.022 8 hectares comprising Sussex Location 4751. |
Reserve
| No. 13375 and | 48. (1) Reserve No. 17827, classified as of Class |
| 17827 at |
| East Perth. | A, containing 1 816 square metres or thereabouts and set apart for "Park and Gardens" is hereby cancelled. |
| (2) Reserve No. 13375, classified as of Class A, containing 7.529 9 hectares or thereabouts, set apart for "Roads, Parks and Public Recreation" and vested in the City of Perth is hereby amended by including |
| (a) | the land referred to in subsection (1) of this section; and |
| (b) |
an area of 2.491 7 hectares or thereabouts, so that the reserve is comprised of the whole of Perth Lot 951 as surveyed and shown on Lands and Surveys Plan No. 15845.
| 1984.] | Reserves Act and Reserves. | [No. 6. |
(3) The purpose of Reserve No. 13375 is hereby amended to "Park, Public Recreation and Vehicle Parking".
49. (1) Reserve No. 5132, classified as of Class A, r9131 at
containing 1.618 7 hectares, set apart for "Shire Int is hereby amended by excising an area of 9 707 square metres comprising Nelson Location 13210.
(2) The Governor may grant the land comprising Nelson Location 13210 for an estate in fee simple to the registered proprietor of that portion of Nelson Location 8440 shown as Lot 3 on Lands and Surveys Diagram No. 65034 in exchange for an area of 9 705 square metres being all that portion Nelson Location 8440 referred to in this subsection.
(3) Upon the transfer to the Crown of that portion of Nelson Location 8440 referred to in subsection (2) of this section, that land is revested in Her Majesty as of Her former estate and is removed from the operation of the Transfer of Land Act 1893 and that land shall thereupon, by operation of this subsection, be included in Reserve No. 5132.
(4)
The purpose of Reserve No. 5132 is hereby changed to "Recreation".
Reserve
| 50. (1) Reserve No. 15860, classified as of Class A, containing 1.127 6 hectares and set apart for | No. 15860 at |
| Bridgetown. | |
| "Parklands and Recreation" is hereby amended by excising an area of 885 square metres comprising Bridgetown Lot 890. |
(2) Upon
| (a) | the surrender to Her Majesty under section 37A (1) of the Land Act 1933 of an area of 370 square metres comprising Bridgetown Lot 889; and |
| (b) | the grant under section 37A (2) of the Land Act 1933 of Bridgetown Lot 890 for an estate in fee simple in trust to the Bridgetown Bowling Club Inc., |
| No. 6.] | Reserves Act and Reserves. | [1984. |
the land surrendered will revest in Her Majesty as of Her former estate, will be removed from the operation of the Transfer of Land Act 1893 and will thereupon be included in Reserve No. 15860.
| Boulder | 51. |
Boulder Town Lot 75, described in Certificate of Title Volume CXXVI Folio 139 and held for an estate in fee simple by the Uniting Church in Australia Property Trust (W.A.) upon trust that the land shall be used and held solely for "Ecclesiastical Purposes", may be sold and trans- ferred by the Uniting Church in Australia Property Trust (W.A.) for such consideration as it thinks fit, and upon the registration in the Office of Titles of a transfer pursuant to this section the land so trans- ferred is freed and discharged from the trust and the Registrar of Titles appointed under section 7 of the Transfer of Land Act 1893 shall cancel the certificate of title issued under that Act in respect of Boulder Town Lot 75 and make out to the transferee a certificate of title to the land so transferred.
Town Lot 75.
Section 12
| of Act No. 33 | 52. | (1) The proviso to section 12 of the Reserves |
| of 1939 |
| amended. | Act (No. 3) 1939 is repealed. |
| (2) The proceeds of the sale of Cottesloe Lot 163 and the accumulated income therefrom shall be |
| (a) | held and invested by the trustees of the Independent Order of Oddfellows in such a manner; and |
| (b) | used by the trustees of the Independent Order of Oddfellows for such purposes, |
as are recommended by the trustees and approved by
the Minister from time to time.
Swan
| Location | 53. Swan Location 7561, described in Certificate of Title Volume 1636 Folio 137, held for an estate in fee simple upon trust for "Institutional Purposes (Slow Learning Children's Group)" by the Slow |
| 7561. |
| 1984.] | Reserves Act and Reserves. | [No. 6. |
Learning Children's Group of Western Australia (Incorporated) ("the Group") and upon the condi- tion that the land shall not be leased or mortgaged in whole or in part without the consent of the Governor shall, upon surrender by the Group to Her Majesty under section 37A (1) of the Land Act 1933 of 4.223 9 hectares or thereabouts being those parts of Swan Locations 7561 and 7562 required for road and pipeline purposes, be freed and discharged of that trust and condition and, subject to the condi- tion that all proceeds of sale of that land by the Group shall be used for the purposes of the Group, may be dealt with for an estate in fee simple accordingly.
54. (1) Reserve No. 17495, classified as of Class A, Me.17495
containing 770.630 1 hectares or thereabouts, set Wttgffe. an area of 90.430 5 hectares comprising Nelson Loca- tion 12439.
apart for "Camping and Recreation" vested in the
(2)
The purpose of Reserve No. 17495 is hereby changed to "National Park".
(3) The land excised by subsection (1) is hereby reserved for the purpose of "Recreation, Camping, Caravan Park and Holiday Cottages" and classified as of Class A.
(4)
A lease of land contained in Nelson Location 12439 on which a holiday cottage is erected shall be taken to be for the purpose of a holiday cottage notwithstanding that the lease is for such a term as entitles the lessee to occupy the land on a con- tinuous basis or for a substantial part of the year and any lease of the land referred to entered into before the coming into operation of this section shall be as valid and as effective as if this section had been in operation when the lease was entered into.
| No. 6.] | Reserves Act and Reserves. | [1984. |
SCHEDULE (section 46).
| Column 1 | Column 2 |
| Reserve No. | Purpose |
| 619 (area 48.562 3 hectares) | Flora |
| 2736 (area 250.773 6 hectares) | Conservation of Flora |
| 9708 (area 80.937 1 hectares) | Protection of Flora |
| 10930 (area 40.468 6 hectares, vested in Western Australian Wildlife Authority) | Conservation of Flora |
| 19673 (area 89.319 1 hectares) | Flora (Boronia) |
| 24185 (area 29.891 1 hectares) | Conservation of Flora |
| 24707 (area 10.805 1 hectares) | Protection of Flora |
| 25212 (area 43.695 9 hectares) | Protection of |
Indigenous Fauna
0
0
0