Koongarra Project Area Act 1981

Act No. 104 of 1981 as amended

This compilation was prepared on 16 March 2012
taking into account amendments up to Act No. 92 of 1999

[Note: Section 3 of this Act is not in force, see s. 2(2) and Note 1]

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting, and Publishing,
Attorney‑General’s Department, Canberra

Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Variation of boundary......................................................................... 1

Notes                                                                                                                                               3

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

1  Short title [see Note 1]

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

2  Commencement [see Note 1]

             (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 subsection 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 subsection (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 subsection (1) of that section to the Proclamation referred to in that subsection, 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.

3  Variation of boundary

             (1)  The Proclamation that:

                     (a)  was made under subsection 7(2) of the National Parks and Wildlife Conservation Act 1975; and

                     (b)  was published in the Gazette on 5 April 1979; and

                     (c)  declared the area specified in the Schedule to the Proclamation to be a park and assigned to that park the name “Kakadu National Park”; and

                     (d)  was continued in force by Part 2 of Schedule 4 to the Environmental Reform (Consequential Provisions) Act 1999 so as to declare the area to be a Commonwealth reserve under the Environment Protection and Biodiversity Conservation Act 1999;

is amended by omitting paragraph (b) of Part I 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 subsection (1) to the Proclamation referred to in that subsection shall be deemed for all purposes to have been made by a Proclamation by the Governor‑General under Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 and to have been made in accordance with that Division.

             (3)  The Commonwealth reserve declared by the Proclamation described in subsection (1) (as amended by that subsection) includes all parts of the area described in the Proclamation (as amended), and the Proclamation (as amended) is valid, even if a part of the area is not an area described in subsection 344(1) of the Environment Protection and Biodiversity Conservation Act 1999.

Notes to the Koongarra Project Area Act 1981

Note 1

The Koongarra Project Area Act 1981 as shown in this compilation comprises Act No. 104, 1981 amended as indicated in the Tables below.

Section 3 of this Act is not in force, see s. 2(2).

Schedule 4 (items 64–66) of the Environmental Reform (Consequential Provisions) Act 1999 (No. 92, 1999) commenced on 16 July 2000 and amended section 3. The amendments are incorporated in this compilation.

Table of Acts

Table of Amendments