Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_350
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 350
Character Range: 1046803–1048817

350  Revocation and alteration of Commonwealth reserves
 (1) The Governor‑General may revoke or amend a Proclamation under this Subdivision by another Proclamation.
Note: Section 351 sets out some prerequisites for making Proclamations.
 (2) Before the Governor‑General makes a Proclamation that results in land, sea or seabed ceasing to be included in a Commonwealth reserve, the Minister must be satisfied:
 (a) that the Proclamation, if made, would be in accordance with a resolution passed by each House of Parliament on a motion; and
 (b) that notice of the motion was given at least 15 sitting days of that House before the motion was moved.
 (3) Subsection (2) does not apply to a Proclamation that results in land, sea or seabed ceasing to be included in one Commonwealth reserve or zone and being included in another Commonwealth reserve or zone.
 (4) If the Director ceases to hold land or seabed in a Commonwealth reserve under lease:
 (a) the land or seabed ceases to be part of the reserve by force of this paragraph; and
 (b) the Governor‑General must make a Proclamation revoking or amending the Proclamation that included the land or seabed in a Commonwealth reserve, to reflect the fact that the land or seabed is no longer part of the reserve.
 (5) Subsection (4) does not apply if the Director ceases to hold the land or seabed under a lease because:
 (a) the Commonwealth becomes the owner of the land or seabed; or
 (b) the Director surrenders the lease in consideration of the grant to the Director of another lease of that land or seabed.
 (6) Except as described in subsection (4), land, sea or seabed in a Commonwealth reserve does not cease to be within the reserve merely because a usage right relating to the land, sea or seabed is transferred, assigned, surrendered, extinguished or changed in any way.
 (7) A usage right is an estate or a legal or equitable charge, power, privilege, authority, licence or permit.
Note: Section 2B of the Acts Interpretation Act 1901 defines estate.