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Nature Conservation Act 2002
21Revocation of reservations
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### 21 Revocation of reservations
> > (1) Subject to this section, the Governor by proclamation may declare that any area of land ceases to be, or to form part of, reserved land.
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> > (2) If an area of land is declared under [subsection (1)](#GS21@Gs1@EN) to cease to be, or to form part of, reserved land, that area of land ceases to be, or to form part of, reserved land –
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> > > > (a) in the case of reserved land in the class of private sanctuary or private nature reserve, on the day the proclamation is registered under section 22; or
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> > > > (b) in any other case –
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> > > > > > (i) on the day specified in the proclamation; or
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> > > > > > (ii) if a day is not specified in the proclamation, on the day the proclamation is notified in the *Gazette*.
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> > (3) A proclamation may not be made under [subsection (1)](#GS21@Gs1@EN) in respect of a leased reserve.
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> > (4) Subject to [subsection (5)](#GS21@Gs5@EN) , a proclamation may not be made under [subsection (1)](#GS21@Gs1@EN) unless a draft of the proclamation has been first approved by each House of Parliament.
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> > (5) [Subsection (4)](#GS21@Gs4@EN) does not apply to a proclamation relating to reserved land in the class of private sanctuary.
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> > (6) A proclamation may not be made under this section in relation to reserved land in the class of private nature reserve for which money has been paid under [section 25](#GS25@EN) for the purpose of securing that reserve unless the Minister tables with the draft proclamation a certificate to the effect that –
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> > > > (a) the owner has refunded –
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> > > > > > (i) any money paid for the purpose of securing that reserve; or
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> > > > > > (ii) an appropriate proportion of that money; or
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> > > > (b) the owner has refunded –
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> > > > > > (i) any money paid for the purpose of ensuring that the management objectives for the class of private nature reserve are met; or
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> > > > > > (ii) an appropriate proportion of that money; or
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> > > > (c) the owner has refunded –
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> > > > > > (i) any money paid for the purpose of ensuring that the provisions of any management plan for that private nature reserve are complied with; or
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> > > > > > (ii) an appropriate proportion of that money; or
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> > > > (d) special circumstances exist, as specified in the certificate, that obviate the need for the refund of any money.
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> > (7) For the purposes of this section, a House of Parliament is to be taken to have approved a draft of a proclamation that relates to reserved land in the class of conservation area, nature recreation area or regional reserve if a copy of it has been laid on the table of the House and –
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> > > > (a) it is approved by the House; or
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> > > > (b) at the expiration of 5 sitting days after it was laid on the table of the House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
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> > > > (c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.