An Act to revoke the reservation under the National Parks and Wildlife Act 1974 of an area of land as part of Botany Bay National Park and to facilitate its use for the purposes of a helicopter rescue service base; and for other purposes.
1 Name of Act
This Act is the Botany Bay National Park (Helicopter Base Relocation) Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of this Act
The objects of this Act are:(a) to revoke the reservation under the National Parks and Wildlife Act 1974 of certain land as part of the Botany Bay National Park, being land that is required for the purposes of a helicopter base for emergency aerial evacuation, retrieval and rescue, and(b) to facilitate the use of that land for those purposes.
4 Definitions
(1) In this Act:helicopter facilities includes buildings and installations for the parking, fuelling, servicing and maintenance of helicopters.(2) Words and expressions used in this Act have the same meanings in this Act (other than in section 11) as they have in the Environmental Planning and Assessment Act 1979.
5 Land to which this Act applies
This Act applies to the land shown by cross-hatching on the survey plan that is entitled “PLAN OF PART LOT 5209 DP 704508”, identified as Plan No P572703–L1, dated 13.11.03 and deposited in the head office of the Department of Lands.
6 Revocation of land as national park
The reservation under the National Parks and Wildlife Act 1974 of the land to which this Act applies as part of Botany Bay National Park is revoked.
7 Application of Crown Land Management Act 2016
(1) Any land to which this Act applies that was Crown land immediately before the repeal day continues, on and from that repeal day, to be Crown land under the Crown Land Management Act 2016.(2) In this section:repeal day means the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016.s 7: Subst 2017 No 17, Sch 4.8.
8 Application of environmental planning instruments
An environmental planning instrument cannot prohibit, require development consent for, or otherwise restrict, the development of land to which this Act applies for the purposes of the following:(a) the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,(b) helicopter facilities for those helicopters,(c) accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.
9 Application of section 36 of Aboriginal Land Rights Act 1983
For the avoidance of doubt, the carrying out of the following, on land to which this Act applies, is taken to be an essential public purpose for the purposes of section 36 of the Aboriginal Land Rights Act 1983:(a) development for the purposes of the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,(b) development for the purposes of helicopter facilities for those helicopters,(c) development for the purposes of accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.
10 Minister administering National Parks and Wildlife Act 1974 may grant easement or right of way
For the purpose of enabling access or the provision of services to land to which this Act applies and despite any other Act or law, the Minister administering the National Parks and Wildlife Act 1974 may, on such terms and conditions as that Minister thinks fit, grant an easement or right of way under section 153 of that Act over land reserved under that Act.
11 Saving of native title rights and interests
(1) This Act does not operate to extinguish any native title rights and interests existing in relation to the land to which this Act applies immediately before its vesting by section 7.(2) This section does not affect any extinguishment of native title rights and interests by the operation of the Native Title Act 1993 of the Commonwealth or the Native Title (New South Wales) Act 1994.(3) Words and expressions used in this section have the same meanings as they have in the Native Title Act 1993 of the Commonwealth.
12 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
13 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.(3) Any such provision may, if the regulations so provide, take effect from the date of commencement of this Act or a later date.(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.