(4)The amendment or cancellation has effect from the day the regulation has effect. (3)If the other agreement requires land to be removed from the recreation area or cancels the recreation area agreement, the Governor in Council must, by regulation, revoke the declaration of the recreation area to the extent required by the amendment or cancellation. (2)If the other agreement does not require land to be removed from the recreation area, the amendment has effect- (a)if the other agreement states a day the amendment takes effect-from the day stated or (b)if no day is stated-from the day the other agreement is signed. (2)In this section- land-holder’s successor in title, for land, includes a person who acquires title to the land whether or not the title is of a different tenure.ġ2 Amending or cancelling agreements (1)All of the parties to a recreation area agreement may, by signing another agreement, amend or cancel the recreation area agreement. (2)The registrar of titles must record details of the notice in a way that a search of the relevant register will show the existence of the agreement.ġ1 Agreements attach to land (1)A recreation area agreement, notice of which is recorded under section 10, attaches to the land and binds- (a)the land-holder who entered into the agreement and the land-holder’s successors in title and (b)each other person who has an interest in the land.
(2)The regulation must- (a)describe the land included in the recreation area and (b)give a name to the recreation area and (c)state the management intent for the recreation area.ġ0 Recording particulars of agreements (1)As soon as practicable after entering into a recreation area agreement, the chief executive must give notice of the agreement to the registrar of titles. (4)In this section- land-holder means a person who would be an area land-holder if the land were included in a recreation area.ħ Declaration of recreation area (1)Subject to section 6, a regulation may declare an area to be a recreation area. (3)A recreation area agreement must- (a)include any conditions of the inclusion and (b)be consistent with this Act and (c)not be incompatible with the tenure of the land and any conditions of the tenure and (d)in relation to land subject to an exclusive possession determination-be in the form of an indigenous land use agreement under the Native Title Act 1993 (Cwlth).
(2)However, land other than State land can not be included in a recreation area unless the land-holder enters into a written agreement (a recreation area agreement) with the State for its inclusion. (2)This Act does not make the Commonwealth, the State or another State liable to be prosecuted for an offence.Ħ Agreement for inclusion of land in recreation area (1)Any land may be included in a recreation area. (2)The purpose is to be achieved mainly by- (a)providing for the declaration, planning and management of recreation areas, as far as practicable, in consultation with, and having regard to the views and interests of, area land-holders and other interested groups and persons, including relevant Aboriginal and Torres Strait Islander entities for the area and (b)recognising the rights and obligations of area land-holders and (c)ensuring the management of, and activities permitted in, a recreation area are not incompatible with the tenure of all land in the recreation area and (d)providing for access to recreation areas, including the use of recreation areas and facilities and services for recreation and (e)providing for the payment of fees and charges for the use of recreation areas and facilities and services for recreation and (f)publishing information about recreation areas and facilities and services for recreation and (g)enforcing compliance with this Act.ĥ Act binds all persons (1)This Act binds all persons, including the State, and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States. 1 Short title This Act may be cited as the Recreation Areas Management Act 2006.Ģ Commencement This Act commences on a day to be fixed by proclamation.ģ Definitions The dictionary in the schedule defines particular words used in this Act.Ĥ Purpose of Act (1)The main purpose of this Act is- (a)the establishment, maintenance and use of recreation areas and (b)to provide, coordinate, integrate and improve recreational planning, recreational facilities and recreational management for recreation areas, having regard to- (i)the conservation, cultural, educational, production and recreational values of the areas and (ii)the interests of area land-holders.
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