{"id":"nsw:act-2004-027","name":"Botany Bay National Park (Helicopter Base Relocation) Act 2004","slug":"botany-bay-national-park-helicopter-base-relocation-act-2004","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"27 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104782,"registerId":"nsw-act-2004-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Botany Bay National Park (Helicopter Base Relocation) Act 2004](/view/html/inforce/current/act-2004-027).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n3 Objects of this Act\n\n> The objects of this Act are:\n> \n> > (a) to revoke the reservation under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) 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\n> \n> > (b) to facilitate the use of that land for those purposes.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act:\n> > \n> > helicopter facilities includes buildings and installations for the parking, fuelling, servicing and maintenance of helicopters.\n> \n> > (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](/view/html/inforce/current/act-1979-203).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Land to which this Act applies","content":"#### 5 Land to which this Act applies\n\n5 Land to which this Act applies\n\n> 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.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Revocation of land as national park","content":"#### 6 Revocation of land as national park\n\n6 Revocation of land as national park\n\n> The reservation under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) of the land to which this Act applies as part of Botany Bay National Park is revoked.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Crown Land Management Act 2016","content":"#### 7 Application of Crown Land Management Act 2016\n\n7 Application of [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)\n\n> > (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](/view/html/inforce/current/act-2016-058).\n> \n> > (2) In this section:\n> > \n> > repeal day means the day on which the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) is repealed by the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> **s 7:** Subst 2017 No 17, Sch 4.8.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of environmental planning instruments","content":"#### 8 Application of environmental planning instruments\n\n8 Application of environmental planning instruments\n\n> 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:\n> \n> > (a) the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,\n> \n> > (b) helicopter facilities for those helicopters,\n> \n> > (c) accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Application of section 36 of Aboriginal Land Rights Act 1983","content":"#### 9 Application of section 36 of Aboriginal Land Rights Act 1983\n\n9 Application of section 36 of [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042)\n\n> 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](/view/html/inforce/current/act-1983-042):\n> \n> > (a) development for the purposes of the taking off, landing and movement of helicopters used for emergency evacuation, retrieval or rescue,\n> \n> > (b) development for the purposes of helicopter facilities for those helicopters,\n> \n> > (c) development for the purposes of accommodation for the crew of those helicopters, including pilots, medical practitioners, nurses and paramedical workers.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Minister administering National Parks and Wildlife Act 1974 may grant easement or right of way","content":"#### 10 Minister administering National Parks and Wildlife Act 1974 may grant easement or right of way\n\n10 Minister administering [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) may grant easement or right of way\n\n> 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](/view/html/inforce/current/act-1974-080) 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.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Saving of native title rights and interests","content":"#### 11 Saving of native title rights and interests\n\n11 Saving of native title rights and interests\n\n> > (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.\n> \n> > (2) This section does not affect any extinguishment of native title rights and interests by the operation of the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth or the [Native Title (New South Wales) Act 1994](/view/html/inforce/current/act-1994-045).\n> \n> > (3) Words and expressions used in this section have the same meanings as they have in the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Act to bind Crown","content":"#### 12 Act to bind Crown\n\n12 Act to bind Crown\n\n> 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.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> > (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.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (3) Any such provision may, if the regulations so provide, take effect from the date of commencement of this Act or a later date.\n> \n> > (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:\n> > \n> > > (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\n> > \n> > > (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.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: facilitating the relocation of the helicopter base from the existing site at Botany Bay. The 2017 amendment (substituting section 7) was purely technical — updating the reference from the repealed Crown Lands Act 1989 to the new Crown Land Management Act 2016. The Act has not expanded beyond its original intent of revoking national park status for a specific parcel and enabling emergency helicopter operations."},"complexity_factors":["Short statute — only 13 sections spanning approximately 4-5 pages","Minimal defined terms — only 2 explicit definitions ('helicopter facilities' and 'repeal day') plus borrowed definitions from other Acts","Single purpose legislation — tightly focused on one specific land transaction and use","Simple conditional logic — primarily declarative statements ('is revoked', 'cannot prohibit') rather than nested conditions","Limited cross-referencing — references to 4 other Acts but only for definitional or operational context, not complex interlocking provisions","One amendment note visible (section 7 substitution in 2017) indicating low maintenance overhead"],"plain_english_summary":"**What this law does:**\n\nThis Act carves out a specific piece of land from Botany Bay National Park in Sydney so it can be used as a helicopter base for emergency medical services — think rescue helicopters, air ambulances, and emergency evacuations.\n\n**Who it affects:**\n\n- **Emergency services and patients:** It enables a dedicated base for helicopters that perform aerial evacuations, retrievals, and rescues.\n- **The local environment:** It removes a small parcel of land from national park protection (a significant step, as national parks are usually tightly protected).\n- **Aboriginal land rights holders:** The Act specifically protects any native title rights that might exist over the land — these rights aren't wiped out by this change.\n- **Local planners and developers:** It overrides normal planning rules — no development consent is needed for the helicopter base, and local environmental planning instruments can't block it.\n\n**Why it matters:**\n\nNormally, you can't just build infrastructure in a national park. This Act creates a legal exception to make way for critical emergency services infrastructure. It also carefully balances this against Aboriginal land rights and ensures the land remains Crown land (government-owned) rather than being sold off privately.\n\n**Key features:**\n- **Revokes national park status** for a specific surveyed parcel of land (about 0.5 hectares near Cape Solander/Bate Bay area)\n- **Fast-tracks the project** by exempting it from usual planning approval processes\n- **Protects native title** — any existing Indigenous land rights remain intact\n- **Allows access rights** through the surrounding national park for roads, power, water, etc."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope aligns with its stated objects (s 3): it revokes the national park reservation for the identified parcel (ss 5–6) and facilitates its use for emergency helicopter operations by limiting planning constraints (s 8), enabling easements (s 10) and confirming applicability under Aboriginal Land Rights (s 9) while saving existing native title rights (s 11)."},"complexity_factors":["Multiple cross‑references to other legislation that affect operation (definitions and meanings drawn from Environmental Planning and Assessment Act 1979 — s 4(2); effect linked to Crown Lands Act repeal/replacement via Crown Land Management Act 2016 — s 7).","Change of land status: revocation of National Park reservation and reliance on an externally‑deposited survey plan to identify the parcel (ss 5–6).","Override of local and state environmental planning instruments for specified helicopter and accommodation uses, narrowing normal planning controls (s 8).","Ministerial discretion to grant easements or rights of way over reserved land on terms the Minister thinks fit, despite other Acts (s 10) — creates administrative decision points and potential negotiation impacts for third parties.","Interaction with Aboriginal land and native title regimes: declares certain development an 'essential public purpose' under the Aboriginal Land Rights Act (s 9) while expressly preserving existing native title rights except as extinguished by broader native title laws (s 11).","Commencement and transitional complexity: commencement by proclamation and dependence on a defined 'repeal day' for Crown land status creates timing dependencies (ss 2, 7).","Regulations power permits savings or transitional provisions that can operate retrospectively subject to statutory limits protecting private rights (s 13(1)–(4))."],"plain_english_summary":"This Act removes a specific parcel from Botany Bay National Park so the land can be used as a helicopter base for emergency aerial evacuation, retrieval and rescue, with associated helicopter facilities and crew accommodation (ss 3, 5–6). It prevents environmental planning instruments from blocking those uses (s 8), authorises the Minister to grant easements for access or services (s 10), preserves existing native title rights (s 11) and binds the Crown (s 12)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the title and available metadata, there is no indication the scope changed from its original intent. The Act appears to have been passed to achieve a single defined outcome — the relocation of a helicopter base — and the metadata shows only minor administrative updates (likely related to ministerial responsibility changes) rather than any substantive expansion or contraction of scope."},"complexity_factors":["Extremely narrow, single-purpose legislation focused on one specific infrastructure relocation","Likely a short Act with few operative provisions","Primarily administrative/property law in nature rather than involving complex regulatory frameworks","Limited text was available to analyse — only metadata was provided, not the actual operative sections","Interaction with existing national parks legislation (National Parks and Wildlife Act 1974) may add a small layer of complexity"],"plain_english_summary":"This short, single‑purpose NSW Act authorises the relocation of a helicopter base in or around Botany Bay National Park. It mainly affects park managers and the base operators, with possible impacts for visitors and nearby residents, by creating a legal pathway around usual national‑park protections that might otherwise block such infrastructure changes. The detailed operative provisions weren’t available in the source."}},"importantCases":[],"_links":{"self":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004","history":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004/history","analysis":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004/analysis","conflicts":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004/conflicts","importantCases":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004/important-cases","documents":"/api/acts/botany-bay-national-park-helicopter-base-relocation-act-2004/documents"}}