Declaring a Commonwealth reserve

(1)

The Governor-General may, by Proclamation, declare as a Commonwealth reserve:

(a)

an area of land:

(i)

that is owned by the Commonwealth in a Territory; or

(ii)

that is owned by the Commonwealth outside a Territory; or

(iii)

that is held under lease by the Commonwealth or the Director in a Territory; or

(iv)

that is held under lease by the Commonwealth or the Director outside a Territory; or

(v)

outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or

(b)

an area of sea:

(i)

in a Commonwealth marine area; or

(ii)

outside Australia and in respect of which Australia has obligations relating to biodiversity or heritage under an agreement with one or more other countries that may appropriately be met by declaring the area a Commonwealth reserve; or

(c)

an area of land described in paragraph (a) and sea described in paragraph (b).

Note 1: Section 351 sets out some prerequisites for making Proclamations.

Note 2: A reference to Australia generally includes its coastal sea. See section 15B of the Acts Interpretation Act 1901 .

Limits on acquiring land for reservation

(2)

If land:

(a)

is in:

(i)

a State or self-governing Territory (except the Northern Territory); or

(ii)

the Northern Territory outside both Ulu r u-Kata Tju t a National Park and the Alligator Rivers Region (as defined by the Environment Protection (Alligator Rivers Region) Act 1978 ); and

(b)

is dedicated or reserved under a law of the State or Territory for purposes related to nature conservation or the protection of areas of historical, archaeological or geological importance or of areas having special significance in relation to indigenous persons;