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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Parks and Wildlife
Amendment (Transfer of Special Areas)
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of National Parks and Wildlife Act 1974
No 80 2
4 Amendment of Sydney Water Catchment Management
Act 1998 No 171 2
Schedules
1 Amendment of National Parks and Wildlife Act 1974 3
2 Amendment of Sydney Water Catchment Management
Act 1998 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
National Parks and Wildlife
Amendment (Transfer of Special Areas)
Bill 2001
Act No , 2001
An Act to amend the National Parks and Wildlife Act 1974 and the Sydney Water
Catchment Management Act 1998 to make ancillary provisions with respect to
plans of management and other matters consequential on the transfer of certain
water catchment management areas to the national park estate; and for other
purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the National Parks and Wildlife Amendment (Transfer of
Special Areas) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of National Parks and Wildlife Act 1974 No 80
The National Parks and Wildlife Act 1974 is amended as set out in
Schedule 1.
4 Amendment of Sydney Water Catchment Management Act 1998 No 171
The Sydney Water Catchment Management Act 1998 is amended as
set out in Schedule 2.
Page 2
National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
Amendment of National Parks and Wildlife Act 1974 Schedule 1
Schedule 1 Amendment of National Parks and Wildlife
Act 1974
(Section 3)
[1] Section 81A Leases, licences and easements subject to plan of
management
Omit "an easement" from section 81A (b).
Insert instead "a lease, licence or easement".
[2] Section 138 Payments into Fund
Insert after section 138 (1) (e):
(e1) any money received from the Sydney Catchment
Authority in connection with carrying out and giving
effect to a plan of management adopted under the
Sydney Water Catchment Management Act 1998,
[3] Section 139 Payments out of Fund
Insert after section 139 (2) (m1):
(m2) the cost of carrying out and giving effect to a plan of
management adopted under the Sydney Water
Catchment Management Act 1998,
[4] Section 153B
Insert after section 153A:
153B Granting of interests in respect of reserved or dedicated lands
that are also water catchment special areas
(1) This section applies to lands reserved or dedicated under this
Act that are also within a special area within the meaning of the
Sydney Water Catchment Management Act 1998 or the Hunter
Water Act 1991.
Page 3
National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
Schedule 1 Amendment of National Parks and Wildlife Act 1974
(2) The Minister may grant leases of, or licences to occupy or use,
or easements or rights of way through, on or in, lands to which
this section applies for the purpose of enabling the Sydney
Catchment Authority, the Sydney Water Corporation or the
Hunter Water Corporation to exercise its functions in relation
to water or wastewater infrastructure on the lands concerned.
(3) Subsection (2) does not authorise the granting of a lease,
licence, easement or right of way for the purpose of enabling
any of the following functions to be exercised in relation to the
land concerned:
(a) the impoundment of water on the land,
(b) the permanent inundation of the land,
(c) the construction of flood mitigation structures on the
land.
(4) For the purposes of subsection (3) (b), permanent inundation
includes any flooding additional to the temporary flooding that
already occurs due to natural rainfall.
(5) The Minister must not grant a lease, licence, easement or right
of way under subsection (2) unless a plan of management for
the lands concerned identifies:
(a) the person to whom, and
(b) the lands in respect of which, and
(c) the purpose and term for which,
the lease, licence, easement or right of way is to be granted.
(6) Subsection (5) does not limit the operation of Part 5.
(7) A lease, licence, easement or right of way under subsection (2)
may be granted subject to such terms and conditions as the
Minister may determine.
(8) The Minister may from time to time revoke or vary any grant
under subsection (2) of an easement or right of way.
(9) Subsection (2) does not authorise the granting of a lease or
licence in relation to land that is within a wilderness area.
(10) The Minister must cause a register to be kept of each lease,
licence, easement or right of way that is granted under
subsection (2).
Page 4
National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
Amendment of National Parks and Wildlife Act 1974 Schedule 1
(11) The register must be kept available for inspection by the public
free of charge, during ordinary office hours, at the Head Office
of the Service.
[5] Section 186 Requirement for examination
Insert "or 153B (2)" after "section 151 (1)" and "section 153 (1)" in section
186 (1) (c) and (e), respectively.
[6] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
National Parks and Wildlife Amendment (Transfer of Special
Areas) Act 2001
[7] Schedule 3, Part 2
Insert after clause 26:
27 Provision consequent on enactment of National Parks and
Wildlife Amendment (Transfer of Special Areas) Act 2001
Anything done or omitted to be done before the
commencement of an amendment made by Schedule 1 [2] or
[3] to the National Parks and Wildlife Amendment (Transfer of
Special Areas) Act 2001 is as valid as it would have been had
the amendment been in force when the thing was done or
omitted.
Page 5
National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
Schedule 2 Amendment of Sydney Water Catchment Management Act 1998
Schedule 2 Amendment of Sydney Water Catchment
Management Act 1998
(Section 4)
[1] Section 24C Payments out of Fund
Insert "(including payment of money to the Director-General of National
Parks and Wildlife in that connection)" after "section 50" in section 24C (b).
[2] Section 50 Operations under plan of management
Omit "the Authority" wherever occurring.
Insert instead "the joint sponsors".
[3] Section 50 (3)
Insert after section 50 (2):
(3) The joint sponsors (together or individually) may engage such
contractors (including government agencies) as may be
necessary or convenient to assist them in carrying out and
giving effect to the plan.
[4] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
National Parks and Wildlife Amendment (Transfer of Special
Areas) Act 2001
Page 6
National Parks and Wildlife Amendment (Transfer of Special Areas)
Bill 2001
Amendment of Sydney Water Catchment Management Act 1998 Schedule 2
[5] Schedule 6, Part 3
Insert after clause 8:
Part 3 Provision consequent on enactment of
National Parks and Wildlife Amendment
(Transfer of Special Areas) Act 2001
9 Operations under plans of management
Anything done or omitted to be done before the
commencement of an amendment made by Schedule 2 [1][3]
to the National Parks and Wildlife Amendment (Transfer of
Special Areas) Act 2001 is as valid as it would have been had
the amendment been in force when the thing was done or
omitted.
Page 7
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