Document ID: chunk:federal_register_of_legislation:C2004A00486:clause:4_3
Version: federal_register_of_legislation:C2004A00486
Segment Type: clause
Provision Reference: sch 4 cl 3
Character Range: 53100–55093

3  Continuation of parks and reserves

(1) A Proclamation under Part II of the Parks Act of an area as a park or reserve that was in force immediately before the commencement of the new Act continues in force as if it had been made under section 344 of the new Act immediately after that commencement, so that the area is declared as a Commonwealth reserve under the new Act.

(2) A Proclamation of an area as a park under the Parks Act continues in force as if it stated that the purposes for which the area was declared were:
 (a) the preservation of the area in its natural condition; and
 (b) the encouragement and regulation of the appropriate use, appreciation and enjoyment of the area by the public.

(3) If, immediately before the commencement of the new Act, an area was proclaimed as a park or reserve under the Parks Act and was managed as a botanic garden (as defined in the Parks Act), the Proclamation of the area continues in force as if it included a statement that the purposes for which the area was declared included the object specified in paragraph 11(8)(ca) of the Parks Act.

(4) This item does not prevent amendment of the Proclamation by another Proclamation made under Division 4 of Part 15 of the new Act.

(5) To avoid doubt, paragraphs 357(1)(a) and (2)(a) of the new Act do not apply to a Commonwealth reserve to which this item relates until the reserve is assigned to an IUCN category by a Proclamation made under Division 4 of Part 15 of the new Act or a management plan made under that Division.

(6) Paragraph 368(3)(a) of the new Act applies in relation to the preparation of a management plan for a Commonwealth reserve to which this item relates as if the reference in the paragraph to a report considered by the Minister under section 351 of that Act included a reference to a report considered by the Executive Council under subsection 7(11) of the Parks Act in relation to the park or reserve taken to have been declared as the Commonwealth reserve.