71BAAddition of lands already reserved under Act

#### 71BA Addition of lands already reserved under Act 71BA Addition of lands already reserved under Act > > (1) Lands that are reserved under this Act may be added as part of an area that is leased under this Part only if the lands are listed in Schedule 14. > > > (2) The Governor may, by proclamation published in the Gazette, declare that the whole or part of lands listed in Schedule 14, be taken to be reserved as part of an area reserved under this Part. > > > (3) On the publication of the proclamation— > > > > > (a) the lands are reserved as part of the area, and > > > > > (b) the lands are vested in the Aboriginal Land Council or Councils in which the area is vested, and > > > > > (c) the care, control and management of the lands is to be exercised— > > > > > > > (i) by the board of management for the area, or > > > > > > > (ii) if a board of management has not been established for the area, by the Secretary until a board of management is established for the area, and > > > > > (d) the lease over the area negotiated under this Part is taken to extend and apply to the lands in the same way that the lease applies to the area, and > > > > > (e) the provisions of this Act and any instrument made under this Act (including any plan of management or regulations) apply to the lands in the same way that they apply to the area. > > > (4) Subsections (2) and (3) apply, in relation to the lands added to the area, subject to the following— > > > > > (a) any native title rights and interests that exist in relation to the lands, > > > > > (b) any existing interest within the meaning of section 39, > > > > > (c) any licence issued under Part 9, > > > > > (d) any lease, licence, franchise or easement granted under Part 12, > > > > > (e) any authority or consent issued under this Act or the regulations. > > > (5) Despite subsection (3) (e), a plan of management applying to land in an area already leased and reserved under this Part only applies to lands added to the area if the plan of management already applies to lands of the same reservation category. > > > > Note. > > > > For example, if the plan of management applies only to land reserved as a national park and the added land is to be reserved as a state conservation area, the plan of management will not apply to the newly added state conservation area land. > > **s 71BA:** Ins 1996 No 142, Sch 1 \[21\]. Am 2001 No 130, Sch 1 \[74\]; 2010 No 38, Sch 1 \[27\].