35Dealings with reserved lands

### 35 Dealings with reserved lands > > (1)  A statutory power may not be exercised in relation to any land in a national park, State reserve, nature reserve, historic site or game reserve except where – > > > > > > (a) the exercise of the power is authorised by the management plan for that land; or > > > > > > > (b) the power is a power under the [Nature Conservation Act 2002](/view/html/inforce/2026-04-12/act-2002-063) . > > > (2)  Subject to any prohibition or restriction imposed by a management plan under [section 27(6)](#GS27@Gs6@EN) , nothing in this Act prevents the alienation of, or any other dealing in, any reserved land that is in the class of conservation area, nature recreation area, regional reserve, private sanctuary or private nature reserve. > > > (3)  Despite [subsections (1)](#GS35@Gs1@EN) and [(2)](#GS35@Gs2@EN) , if, at the time that any Crown land becomes reserved land or becomes contained within the class of national park, State reserve, nature reserve, historic site or game reserve, there are subsisting in respect of that land any private rights, nothing in this Act prejudices or affects those rights and they continue to subsist and may be dealt with, and the like powers may be exercised in relation to them, as if that land had not become reserved land or land contained within any of those classes of reserved land. > > > (4)  Despite [subsection (3)](#GS35@Gs3@EN) , the power under any Act to terminate, discharge or otherwise abrogate any private right over Crown land that is required for the purposes of any other Act or for any public purpose may be exercised in respect of any such right subsisting over reserved land in any case where the Minister, on the recommendation of the Director, certifies that the land should be freed from that right for the purposes of this Act.