Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:4_6:p1
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 4 cl 6 (pt 1/2)
Character Range: 58645–61212

6  Continuation of Boards for parks and reserves

(1) This item effectively continues in existence each of the following Boards (the old Boards) that was established under Part IIA of the Parks Act and was in existence immediately before the commencement of the new Act:
 (a) the Board for the park that was declared under Part II of the Parks Act and assigned the name Booderee National Park;
 (b) the Board for so much of the reserve declared under Part II of the Parks Act and assigned the name Australian National Botanic Gardens as was in the Jervis Bay Territory;
 (c) the Board for the park that was declared under Part II of the Parks Act and assigned the name Kakadu National Park;
 (d) the Board for the park that was declared under Part II of the Parks Act and assigned the name Uluru‑Kata Tjuta National Park.

(2) A section 14C notice (as defined in Part IIA of the Parks Act) that was in force immediately before the commencement of the new Act continues in force as if:
 (a) it had been published in the Gazette under section 377 of the new Act immediately after that commencement; and
 (b) it provided for an additional member of the Board, whose qualification for membership is nomination by the Northern Territory, in the case of a section 14C notice relating to Kakadu National Park or Uluru‑Kata Tjuta National Park.

(3) The Minister administering Division 4 of Part 15 of the new Act must appoint under that Division a person as a member of the Board referred to in paragraph (2)(b) within 3 months of:
 (a) the Northern Territory nominating the person; or
 (b) if the Northern Territory informs that Minister it believes that the members of the Board nominated by the traditional owners are unreasonably withholding consent to the appointment—that Minister referring the matter to the person holding the office of Commonwealth Ombudsman under the Ombudsman Act 1976.

(4) This item does not prevent amendment of the notice under section 378 of the new Act.

(5) For the purposes of the new Act, a person who was a member of an old Board immediately before the commencement of that Act holds office as a member of the Board established because of subitem (2).

(6) The person holds office as a member of the Board for so much of the period specified in the instrument appointing him or her a member of the old Board as had not elapsed before the commencement of the new Act. This subitem has effect subject to sections 380 and 382 of that Act.

Note: Subsection 14F(2) of the Parks Act provided that certain instruments of appointment were taken