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Koongarra Project Area Act 1981

Authoritative Version
Act No. 104 of 1981 as made
-- An Act to vary the boundary of the Kakadu National Park for the purposes of the Koongarra Project
Administered by: Sustainability, Environment, Water, Population and Communities
Date of Assent 24 Jun 1981
Date of repeal 31 Mar 2013
Repealed by Completion of Kakadu National Park (Koongarra Project Area Repeal) Act 2013

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Koongarra Project Area Act 1981

No. 104 of 1981

 

An Act to vary the boundary of the Kakadu National Park for the purposes of the Koongarra Project

[Assented to 24 June 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Koongarra Project Area 1981.

Commencement

2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Section 3 shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Minister for Aboriginal Affairs and the relevant Land Council have consented, in writing, for the purposes of sub-section 40 (1) of the Aboriginal Land Rights (Northern Territory) Act 1976, to the making of a grant of a mining interest in respect of the relevant land, whether or not that consent also applies to the making of the grant of a mining interest in respect of any other land.


 

(3) In sub-section (2) —

“relevant land” means the land that will be excluded from the Kakadu National Park by reason of the amendment that, if section 3 comes into operation, will be made by sub-section (1) of that section to the Proclamation referred to in that sub-section, other than land that was excluded from that park by that Proclamation as it had effect on the day on which this Act received the Royal Assent;

“relevant Land Council” means the Aboriginal Land Council established by or under the Aboriginal Land Rights (Northern Territory) Act 1976 for the area in which the relevant land is situated.

Variation of boundary

3. (1) The Proclamation by the Governor-General published in the Gazette on 5 April 1979 by which, pursuant to sub-section 7 (2) of the National Parks and Wildlife Conservation Act 1975, the Governor-General declared the area specified in the Schedule to the Proclamation to be a park and assigned to that park the name “Kakadu National Park” is amended by omitting paragraph (b) of Part 1 of that Schedule and substituting the following paragraph:

“(b) all that piece of land in the Northern Territory of Australia containing an area of 1197 hectares more or less and bounded by an imaginary line commencing at the intersection of the parallel of south latitude 12° 52’ 20” with the meridian of east longitude 132° 49’ 41”; thence northeasterly by a straight line to the intersection of the parallel of south latitude 12° 51’27” with the meridian of east longitude 132° 51’ 44”; thence southeasterly by a straight line to the intersection of the parallel of south latitude 12° 52’ 54” with the meridian of east longitude 132° 52’ 17”; thence southwesterly by a straight line to the intersection of the parallel of south latitude 12° 53’ 58” with the meridian of east longitude 132° 50’ 37”; thence northwesterly by a straight line to the point of commencement;”.

(2) The amendment made by sub-section (1) to the Proclamation referred to in that sub-section shall be deemed for all purposes to have been made by a Proclamation by the Governor-General under sub-section 7 (8) of the National Parks and Wildlife Conservation Act 1975 and to have been made in accordance with the requirements of section 7 of that Act.

(3) If, on the date of commencement of this section, any part of the area declared to be a park by the Proclamation referred to in sub-section (1) as amended by that sub-section is not an area as defined by sub-section 7 (1) of the National Parks and Wildlife Conservation Act 1975, that Proclamation, as so amended, shall be deemed for all purposes to be a valid Proclamation under section 7 of that Act to the intent that the area declared to be a park by the Proclamation as so amended constitutes that part, notwithstanding that part of that area is not an area as defined by sub-section 7 (1) of that Act.

(4) Any interest, other than an interest in respect of any minerals, held by the Commonwealth in respect of any land (including any subsoil) that, by


 

reason of the amendment made by sub-section (1) to the Proclamation referred to in that sub-section, is within the park referred to in that sub-section (not being land that was within that park immediately before the commencement of this section) is, by force of this sub-section, vested in the Director of National Parks and Wildlife and, for the purposes of section 8 of the National Parks and Wildlife Conservation Act 1975, that interest shall be deemed to have become vested in the Director of National Parks and Wildlife by reason of a Proclamation under section 7 of that Act.