104ASaving of native title rights and interests with respect to national parks and other reservations, dedications or declarations

#### 104A Saving of native title rights and interests with respect to national parks and other reservations, dedications or declarations 104A Saving of native title rights and interests with respect to national parks and other reservations, dedications or declarations > > (1) This section applies to the following acts— > > > > > (a) a reservation, dedication or vesting of, or declaration over, land or waters by the operation of the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056), the [Western Sydney Parklands Act 2006](/view/html/inforce/current/act-2006-092), the [Sporting Venues Authorities Act 2008](/view/html/inforce/current/act-2008-065), the [Forestry Revocation and National Park Reservation Act 1996](/view/html/inforce/current/act-1996-131), the [Forestry and National Park Estate Act 1998](/view/html/inforce/current/act-1998-163), the [National Park Estate (Southern Region Reservations) Act 2000](/view/html/inforce/current/act-2000-103), the [National Park Estate (Reservations) Act 2002](/view/html/inforce/current/act-2002-137), the [National Park Estate (Reservations) Act 2003](/view/html/inforce/current/act-2003-024), the [National Park Estate (Lower Hunter Region Reservations) Act 2006](/view/html/inforce/current/act-2006-090), the [National Park Estate (Riverina Red Gum Reservations) Act 2010](/view/html/inforce/current/act-2010-022), the [National Park Estate (South-Western Cypress Reservations) Act 2010](/view/html/inforce/current/act-2010-112), the [National Park Estate (Reservations) Act 2005](/view/html/inforce/current/act-2005-084), the [National Parks and Wildlife (Adjustment of Areas) Act 2006](/view/html/repealed/current/act-2006-015) or Schedule 2 to the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), > > > > > (b) a proclamation or notice under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) that reserves or dedicates land or waters with effect on or after 1 January 1994 (including a provision of an Act that is taken to operate as such a proclamation or notice), > > > > > (c) a notification under the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196) or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) that declares an area of land or waters to be a wilderness area with effect on or after 1 January 1994 (including a provision of an Act that is taken to operate as such a notification), > > > > > (c1) a notice under section 188C of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) that adjusts the boundary of land reserved under that Act, or acquired under Part 11 of that Act, that adjoins a public road, > > > > > (c2) an order under section 188D (5) of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) that operates to reserve land under that Act or vest land for the purposes of Part 11 of that Act, > > > > > (d) an order under section 24 of the [Sporting Venues Authorities Act 2008](/view/html/inforce/current/act-2008-065) that vests land in a sporting venues authority, > > > > > (e) a proclamation under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) that declares an area of land or waters to be a marine park or part of a marine park (including a provision of an Act that is taken to operate as such a proclamation), > > > > > (f) a notice under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) that declares an area to be an aquatic reserve or part of an aquatic reserve, > > > > > (g) an order under the [Property and Development NSW Act 2006](/view/html/inforce/current/act-2006-040), section 19 that vests property in Property and Development NSW, > > > > > (h) an order under section 34 of the [Western Sydney Parklands Act 2006](/view/html/inforce/current/act-2006-092) that vests land in the Western Sydney Parklands Trust, > > > > > (i) the validation of an affected mineral claim under the [Mining Act 1992](/view/html/inforce/current/act-1992-029), Schedule 6, Part 28. > > > (2) An act to which this section applies does not operate to extinguish, and is taken never to have operated to extinguish, any native title rights and interests existing in relation to land or waters immediately before the act. > > > (3) The relevant provisions of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196), the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072), the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006), the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), the [Property and Development NSW Act 2006](/view/html/inforce/current/act-2006-040) and the regulations or other instruments made under those Acts (and any related Act or law) do not apply, and cannot be applied, so as to affect those native title rights and interests. The relevant provisions are those provisions that apply because the land or waters concerned are reserved, dedicated, declared or vested under any such Act. > > > > Note— > > > > An act “affects” native title rights and interests if it extinguishes those rights and interests or if it is wholly or partially inconsistent with their continued existence, enjoyment or exercise—see sec 227 NTA and sec 5 of this Act. > > > (4) To the extent (if any) that an act to which this section applies was invalid because of those native title rights and interests, an act of the same kind is taken to have effect on the commencement of this section, subject to subsections (2) and (3). > > > (5) However, this section does not affect— > > > > > (a) any extinguishment of those native title rights and interests, or > > > > > (b) any validation of an act, or > > > > > (c) any application of the relevant provisions referred to in subsection (3), or > > > > > (d) any other effect on those native title rights and interests, > > > > by the operation of, or by anything done under, the Commonwealth Native Title Act or the other provisions of this Act. > > **s 104A:** Ins 1998 No 163, Sch 11. Am 2000 No 86, Sch 8 \[1\] \[2\]; 2000 No 103, Sch 8.2 \[1\] \[2\]; 2000 No 113, Sch 2 \[1\] \[2\]; 2002 No 137, Sch 9.2 \[1\]–\[3\]; 2003 No 24, sec 13; 2005 No 56, Sch 12.5; 2005 No 84, sec 15; 2006 No 15, sec 6; 2006 No 40, Sch 3.2 \[1\] \[2\]; 2006 No 90, sec 14; 2006 No 92, Sch 5.3 \[1\] \[2\]; 2008 No 65, Sch 6.2 \[1\] \[2\]; 2010 No 22, Sch 10.3; 2010 No 38, Sch 3.11; 2010 No 77, Sch 2; 2010 No 112, Sch 9.3; 2014 No 72, Sch 4.9 \[1\]–\[3\]; 2017 No 17, Sch 4.64; 2023 No 29, Sch 2; 2024 No 27, Sch 2.9\[1\] \[2\].