Document ID: chunk:federal_register_of_legislation:F2015L01818:front:0:p29
Version: federal_register_of_legislation:F2015L01818
Segment Type: other
Provision Reference: 
Character Range: 76353–79142

account to be taken of various matters. In respect to Booderee National Park these matters include:

    * the regulation of the use of the park for the purpose for which it was declared

    * the interests of:

    - the traditional owners of the park

    - any other Indigenous persons interested in the park

    - any person who has a usage right relating to land, sea or seabed in the park that existed (or is derived from a usage right that existed) immediately before the park was declared

    * the protection of the special features of the park, including objects and sites of biological, historical, palaeontological, archaeological, geological and geographical interest

    * the protection, conservation and management of biodiversity and heritage within the park

    * the protection of the park against damage

    * Australia's obligations under agreements between Australia and one or more other countries relevant to the protection and conservation of biodiversity and heritage.

  2.6           IUCN category

In addition to assigning a Commonwealth reserve to an IUCN protected area category, a management plan may divide a Commonwealth reserve into zones and assign each zone to an IUCN category. The category to which a zone is assigned may differ from the category to which the reserve as a whole is assigned (s.367(2)).

The provisions of a management plan must not be inconsistent with the reserve management principles for the IUCN category to which the reserve or zone of the reserve is assigned (s.367(3)). See Section 3.1 for information on Booderee's IUCN categories.

  2.7           Lease agreement

The park was granted to the Wreck Bay Aboriginal Community Council on behalf of the Wreck Bay Aboriginal Community in 1995 and leased to the Director of National Parks as a Commonwealth reserve. The Lease expires on 10 October 2094. With the exception of the term, the provisions of the Lease may be reviewed by the Council and the Director every five years, or at any agreed time. Five years before the Lease expires, the Council and the Director will enter into negotiations for its renewal or extension, unless the Lease has been terminated. The Council and the Director may agree in writing to terminate the Lease at any time.

Where the enactment, repeal or amendment of an Act or Regulation:

    * is inconsistent with the Lease, the management plan, the Council's rights as lessor or the Council's ownership of the fee simple in the park; and

    * is materially prejudicial to the rights of the Council or the Community regarding the ownership, occupation, use, administration, management or control of the park,

the Lease is deemed to be breached.

Such action may lead to termination of the Lease on 18 months notice by the Council. Where