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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Park Estate (Reservations)
Bill 2005
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Land transfers
4 Revocation of State forests 3
5 Reservation of former State forests as national park or state
conservation area 3
6 Reservation of Crown land as part of Tallaganda State
Conservation Area 3
7 Vesting in NPW Minister of certain former State forests 3
8 Former State forests to be subject to Crown Lands Act 1989 4
9 Areas in State forests declared as special management
zones 4
National Park Estate (Reservations) Bill 2005
Contents
Page
10 Adjustment of description of land transferred to national
park estate 4
11 Land transfers--ancillary and special provisions 6
Part 3 Miscellaneous
12 Act to bind Crown 7
13 Regulations 7
14 Amendment of National Park Estate (Reservations) Act
2002 No 137 7
15 Amendment of Native Title (New South Wales) Act 1994
No 45 7
Schedule 1 State forests reserved as national park or state
conservation area 8
Schedule 2 Crown land reserved as part of Tallaganda
State Conservation Area 10
Schedule 3 State forests vested in NPW Minister 11
Schedule 4 State forests made subject to the Crown
Lands Act 1989 14
Schedule 5 Areas in State forests declared as special
management zones under Forestry Act 1916 16
Schedule 6 Land transfers--ancillary and special
provisions 17
Contents page 2
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, , 2005
New South Wales
National Park Estate (Reservations)
Bill 2005
Act No , 2005
An Act to transfer certain State forest lands 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 Park Estate (Reservations) Bill 2005
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the National Park Estate (Reservations) Act 2005.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
(1) In this Act:
Crown land has the same meaning as in the Crown Lands Act 1989.
NPW Minister means the Minister administering Divisions 1 and 2 of
Part 4 of the National Parks and Wildlife Act 1974.
State forest means land dedicated under the Forestry Act 1916 (or under
the former Forestry Act 1909) as a State forest, being a dedication that
is in force.
(2) Notes included in this Act do not form part of this Act.
Page 2
National Park Estate (Reservations) Bill 2005 Clause 4
Land transfers Part 2
Part 2 Land transfers
4 Revocation of State forests
The dedication as State forest of the following lands is revoked:
(a) lands described in Schedule 1,
(b) lands described in Schedule 3,
(c) lands described in Schedule 4.
5 Reservation of former State forests as national park or state
conservation area
(1) The lands described in Schedule 1 are reserved under the National
Parks and Wildlife Act 1974 as, or as part of, national parks or state
conservation areas (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that
is also described in Schedule 3.
6 Reservation of Crown land as part of Tallaganda State Conservation
Area
(1) The land described in Schedule 2 is reserved under the National Parks
and Wildlife Act 1974 as part of Tallaganda State Conservation Area.
(2) Any timber reserves (within the meaning of the Forestry Act 1916) with
respect to land referred to in subsection (1) are revoked by this Act, but
only to the extent to which they relate to timber reserves or parts of
timber reserves situated within that land.
7 Vesting in NPW Minister of certain former State forests
(1) The lands described in Schedule 3 vest in the NPW Minister on behalf
of the Crown for the purposes of Part 11 of the National Parks and
Wildlife Act 1974 for an estate in fee simple, freed and discharged from:
(a) all trusts, obligations, estates, interests, rights of way or other
easements, and
(b) any dedication, reservation, Crown grant or vesting to which the
lands were subject, and any such dedication, reservation, grant or
vesting is revoked.
(2) Despite subsection (1), the lands described in Part 1 of Schedule 3 are
not freed and discharged from any perpetual lease within the meaning
of the Crown Lands (Continued Tenures) Act 1989 to which the lands
were subject immediately before their vesting under this section.
Page 3
Clause 8 National Park Estate (Reservations) Bill 2005
Part 2 Land transfers
8 Former State forests to be subject to Crown Lands Act 1989
The lands described in Schedule 4 are vested in the Crown as Crown
land and are subject to the Crown Lands Act 1989.
9 Areas in State forests declared as special management zones
The lands described in Schedule 5 that are within State forests are
declared to be special management zones under section 21A of the
Forestry Act 1916.
10 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedule 1, 2, 3, 4 or 5 (a relevant
Schedule) may be adjusted in accordance with this section.
(2) A description of land may be adjusted from time to time:
(a) to alter the boundaries of the land for the purposes of the effective
management of national park estate land and State forest land,
including adjustments to enable boundaries to follow distinctive
land features, to provide access to land or to rationalise the
boundaries of similar areas of land, or
(b) to adjust the boundary of any land adjoining a public road,
including adjustments to enable the boundary to follow the
formed path of the road or to provide an appropriate set back from
the carriageway of the road, or
(c) to include, remove or change a description of any easement or
restriction to which the land is subject, or
(d) to provide a more detailed description of the boundaries of the
land.
(3) An adjustment of the description of land is to be made by the
Director-General of the Department of Environment and Conservation
by a notice published in the Gazette that amends a relevant Schedule.
(4) A notice under this section may only be published with the approval of:
(a) the NPW Minister, and
(b) the Minister administering the Forestry Act 1916, and
(c) to the extent that the notice applies to any Crown land described
in Schedule 4--the Minister administering the Crown Lands Act
1989, and
(d) to the extent that the notice applies to a classified road--the
Minister administering the provisions of the Roads Act 1993
relating to classified roads.
Page 4
National Park Estate (Reservations) Bill 2005 Clause 10
Land transfers Part 2
(5) The Director-General of the Department of Environment and
Conservation is required to certify in any notice under this section that
the adjustments effected by the notice will not result in any significant
reduction in the size or value of national park estate land or State forest
land.
(6) An adjustment of the description of land may only be made before:
(a) 31 March 2006, except as provided by paragraph (b), or
(b) 31 December 2009, in the case of an adjustment of the
description of land in Schedule 3 or of the boundary of land
adjoining a public road.
(7) If any of the land described in a relevant Schedule on the
commencement of this Act is not included in the adjusted description of
the land, the land that is not so included is taken never to have been
subject to or affected by the provisions of this Act applying to land
described in the relevant Schedule.
(8) If land included in the adjusted description of the land includes any land
not described in a relevant Schedule on the commencement of this Act,
the land concerned is taken to have been subject, on and from the
commencement of this Act, to the provisions of this Act applying to
land described in the relevant Schedule.
(9) The Director-General of the Department of Environment and
Conservation may, in a notice published under this section for the
purpose of adjusting the boundary of land adjoining a public road,
declare that:
(a) any such land (described in the notice) is part of the public road
and, accordingly, is vested in the roads authority for that public
road under the Roads Act 1993 or is Crown land, or
(b) any such land (described in the notice) ceases to be part of that
public road and, accordingly, is divested from the relevant roads
authority or the Crown and becomes part of the land subject to the
provisions of this Act applying to land described in the relevant
Schedule in which the land is included.
A declaration under this subsection has effect according to its tenor,
despite anything to the contrary in the Roads Act 1993.
(10) In this section:
classified road and public road have the same meanings as in the Roads
Act 1993.
land adjoining a public road includes land in the vicinity of a public
road.
Page 5
Clause 11 National Park Estate (Reservations) Bill 2005
Part 2 Land transfers
national park estate land means:
(a) land reserved under the National Parks and Wildlife Act 1974, or
(b) land dedicated or set apart as a flora reserve under the Forestry
Act 1916, or
(c) land declared as a special management zone under the Forestry
Act 1916, or
(d) land vested in the NPW Minister for the purposes of Part 11 of
the National Parks and Wildlife Act 1974.
11 Land transfers--ancillary and special provisions
Schedule 6 has effect.
Page 6
National Park Estate (Reservations) Bill 2005 Clause 12
Miscellaneous Part 3
Part 3 Miscellaneous
12 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as
the legislative power of the Parliament of New South Wales permits, the
Crown in all its other capacities.
13 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from
the commencement of this Act or a later date.
(4) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
14 Amendment of National Park Estate (Reservations) Act 2002 No 137
The National Park Estate (Reservations) Act 2002 is amended by
omitting "Part 1 of" from section 4 (1) (b).
15 Amendment of Native Title (New South Wales) Act 1994 No 45
The Native Title (New South Wales) Act 1994 is amended by omitting
from section 104A (1) (a) the words "or the National Park Estate
(Reservations) Act 2003" and by inserting instead the words ", the
National Park Estate (Reservations) Act 2003 or the National Park
Estate (Reservations) Act 2005".
Page 7
National Park Estate (Reservations) Bill 2005
Schedule 1 State forests reserved as national park or state conservation area
Schedule 1 State forests reserved as national park
or state conservation area
(Sections 4 and 5)
1 Additions to Deua National Park
(1) Part Dampier State Forest No 926
An area of about 3947 hectares, comprising part of Dampier State
Forest No 926, dedicated 20 July 1951 and part of No 4 Extension to
that State forest dedicated 15 February 1980, in the Parishes of Bumbo
West, Coondella, Gulph, Jillaga and Wamban, County of Dampier, and
being the land designated as 4701 on the diagram catalogued
Misc R 00275 (3rd Edition) in the Department of Environment and
Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Part Moruya State Forest No 139
An area of about 2 hectares, comprising part of Moruya State Forest
No 139, No 5 Extension dedicated 31 August 1979, in the Parish of
Bergalia, County of Dampier, and being the land designated as 4702
on the diagram catalogued Misc R 00276 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
2 Addition to Illawarra Escarpment State Conservation Area: Kembla State
Forest No 943
An area of about 172 hectares, comprising Kembla State Forest No 943,
dedicated 3 December 1954, in the Parish of Kembla, County of
Camden, and being the land designated as 62001 on the diagram
catalogued Misc R 00265 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
3 Addition to Monga National Park: Parts Monga State Forest No 144
An area of about 1321 hectares, comprising part of Monga State Forest
No 144 dedicated 4 November 1914, and the whole or part of the
extensions to that State forest listed below (with their dedication dates
shown in brackets), in the Parish of Monga, County of St Vincent, and
being the land designated as 16901 on the diagrams catalogued
Misc R 00270 (3rd Edition) and Misc R 00271 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on those diagrams.
Page 8
National Park Estate (Reservations) Bill 2005
State forests reserved as national park or state conservation area Schedule 1
The Extensions are:
No 1 (31 August 1923)
No 3 (29 August 1952)
No 4 (29 August 1952)
No 7 (20 September 1974)
4 Monga State Conservation Area: Parts Monga State Forest No 144
An area of about 1005 hectares, comprising the whole or part of the
extensions to Monga State Forest No 144 listed below (with their
dedication dates shown in brackets), in the Parishes of Budawang and
Coghill, County of St Vincent, and being the lands designated as
102601 on the diagram catalogued Misc R 00270 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
The Extensions are:
No 5 (24 August 1973)
No 6 (22 March 1974)
5 Addition to Murramarang National Park: Part South Brooman State
Forest No 830
An area of about 292 hectares, comprising part of South Brooman State
Forest No 830, dedicated 19 December 1930, in the Parish of Termeil,
County of St Vincent, and being the land designated as 2501 on the
diagram catalogued Misc R 00273 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
6 Addition to Tallaganda National Park: Part Tallaganda State Forest
No 577
An area of about 1 hectare, comprising part of Tallaganda State Forest
No 577, No 16 Extension dedicated 23 August 1974, in the Parish of
Ballallaba, County of Murray, and being the land designated as 17001
on the diagram catalogued Misc R 00269 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
Page 9
National Park Estate (Reservations) Bill 2005
Schedule 2 Crown land reserved as part of Tallaganda State Conservation Area
Schedule 2 Crown land reserved as part of
Tallaganda State Conservation Area
(Section 6)
An area of about 4 hectares, comprising parts of the bed of Mulloon Creek, in the
Parishes of Mulloon and Palerang, County of Murray, and being the lands designated
as 26201 on the diagram catalogued Misc R 00268 (3rd Edition) in the Department
of Environment and Conservation, subject to any variations or exceptions noted on
that diagram.
Page 10
National Park Estate (Reservations) Bill 2005
State forests vested in NPW Minister Schedule 3
Schedule 3 State forests vested in NPW Minister
(Sections 4 and 7)
Part 1 Land subject to existing leases
1 Parts Badja State Forest No 567
An area of about 542 hectares, comprising the whole or part of the
extensions to Badja State Forest No 567 listed below (with their
dedication dates shown in brackets), in the Parishes of Big Badja and
Hill, County of Beresford, and being the lands designated as V05 on
the diagram catalogued Misc R 00274 (3rd Edition) in the Department
of Environment and Conservation, subject to any variations or
exceptions noted on that diagram.
The Extensions are:
No 8 (4 August 1972)
No 13 (30 March 1990)
2 Parts Monga State Forest No 144
An area of about 698 hectares, comprising the whole or part of the
extensions to Monga State Forest No 144 listed below (with their
dedication dates shown in brackets), in the Parishes of Budawang and
Monga, County of St Vincent, and being the lands designated as V03
on the diagram catalogued Misc R 00270 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
The Extensions are:
No 3 (29 August 1952)
No 8 (27 June 1975)
3 Parts Tallaganda State Forest No 577
An area of about 636 hectares, comprising the whole or part of the
extensions to Tallaganda State Forest No 577 listed below (with their
dedication dates shown in brackets), in the Parishes of Jinglemoney and
Mulloon, County of Murray, and being the lands designated as V01 on
the diagram catalogued Misc R 00268 (3rd Edition) in the Department
of Environment and Conservation, subject to any variations or
exceptions noted on that diagram.
The Extensions are:
No 18 (12 March 1976)
No 28 (27 May 1988)
Page 11
National Park Estate (Reservations) Bill 2005
Schedule 3 State forests vested in NPW Minister
Part 2 Other
4 Part Currambene State Forest No 148
An area of about 253 hectares, comprising part of Currambene State
Forest No 148 dedicated 4 November 1914, in the Parishes of
Currambene and Numbaa, County of St Vincent, and being the land
designated as V08 on the diagram catalogued Misc R 00266
(3rd Edition) in the Department of Environment and Conservation,
subject to any variations or exceptions noted on that diagram.
5 Part Dampier State Forest No 926
An area of about 2 hectares, comprising part of Dampier State Forest
No 926, dedicated 20 July 1951 in the Parish of Bumbo West, County
of Dampier, and being the land designated as V06 on the diagram
catalogued Misc R 00275 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
6 Part Monga State Forest No 144
(1) An area of 1 hectare, comprising part of Monga State Forest No 144,
No 3 Extension dedicated 29 August 1952, in the Parish of Monga,
County of St Vincent, and being the land designated as V04 on the
diagram catalogued Misc R 00270 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
(2) An area of about 2 hectares, comprising part of Monga State Forest
No 144, No 3 Extension dedicated 29 August 1952, in the Parish of
Monga, County of St Vincent, and being the land designated as V07
on the diagram catalogued Misc R 00270 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
7 Part Nowra State Forest No 423
An area of about 129 hectares, comprising part of Nowra State Forest
No 423 dedicated 20 April 1917, in the Parish of Currambene, County
of St Vincent, and being the land designated as V09 on the diagram
catalogued Misc R 00266 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
Page 12
National Park Estate (Reservations) Bill 2005
State forests vested in NPW Minister Schedule 3
8 Parts Tallaganda State Forest No 577
An area of about 1 hectare, comprising parts of Tallaganda State Forest
No 577, No 12 Extension dedicated 30 July 1971, in the Parish of
Jinglemoney, County of Murray, and being the lands designated as
V02 on the diagram catalogued Misc R 00268 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
Page 13
National Park Estate (Reservations) Bill 2005
Schedule 4 State forests made subject to the Crown Lands Act 1989
Schedule 4 State forests made subject to the Crown
Lands Act 1989
(Sections 4 and 8)
1 Part Currambene State Forest No 148
An area of about 142 hectares, comprising part of Currambene State
Forest No 148 dedicated 4 November 1914, in the Parishes of
Currambene and Numbaa, County of St Vincent, and being the land
designated as CR03 on the diagram catalogued Misc R 00266 (3rd
Edition) in the Department of Environment and Conservation, subject
to any variations or exceptions noted on that diagram.
2 Parts Flat Rock State Forest No 834
An area of about 76 hectares, comprising parts of Flat Rock State Forest
No 834, No 1 Extension dedicated 8 April 1971, in the Parish of Boyne,
County of St Vincent, and being the lands designated as CR07 on the
diagram catalogued Misc R 00272 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
3 Part Moruya State Forest No 139
An area of about 440 hectares, comprising part of Moruya State Forest
No 139, No 5 Extension dedicated 31 August 1979, in the Parish of
Bergalia, County of Dampier, and being the land designated as CR09
on the diagram catalogued Misc R 00276 (3rd Edition) in the
Department of Environment and Conservation, subject to any variations
or exceptions noted on that diagram.
4 Parts Nowra State Forest No 423
An area of about 281 hectares, comprising part of Nowra State Forest
No 423 dedicated 20 April 1917, and the whole or part of the extensions
to that State forest listed below (with their dedication dates shown in
brackets), in the Parishes of Currambene and Nowra, County of
St Vincent, and being the lands designated as CR02 on the diagram
catalogued Misc R 00266 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
The Extensions are:
No 1 (2 December 1949)
No 2 (14 August 1953)
Page 14
National Park Estate (Reservations) Bill 2005
State forests made subject to the Crown Lands Act 1989 Schedule 4
5 Part Shoalhaven State Forest No 916
An area of about 41 hectares, comprising part of Shoalhaven State
Forest No 916 dedicated 7 July 1950, in the Parish of Nowra, County of
St Vincent, and being the land designated as CR01 on the diagram
catalogued Misc R 00266 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
6 Part Tallaganda State Forest No 577
An area of about 314 hectares, comprising the whole or part of the
extensions to Tallaganda State Forest No 577 listed below (with their
dedication dates shown in brackets), in the Parish of Ballallaba, County
of Murray, and being the land designated as CR05 on the diagram
catalogued Misc R 00269 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
The Extensions are:
No 16 (23 August 1974)
No 23 (11 May 1984)
7 Part Yerriyong State Forest No 920
An area of about 75 hectares, comprising part of Yerriyong State Forest
No 920 dedicated 16 March 1951, and No 7 Extension to that State
forest dedicated 12 June 1981, in the Parish of Jerrawangala, County of
St Vincent, and being the land designated as CR04 on the diagram
catalogued Misc R 00267 (3rd Edition) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
Page 15
National Park Estate (Reservations) Bill 2005
Schedule 5 Areas in State forests declared as special management zones under
Forestry Act 1916
Schedule 5 Areas in State forests declared as
special management zones under
Forestry Act 1916
(Section 9)
1 Eden Region
The parts of the State forests designated as special management zones
and shown by red tint on the diagram catalogued Misc F1405 in the
Forestry Commission.
2 South Coast Subregion of Southern Region
The parts of the State forests designated as special management zones
and shown by red tint on the diagram catalogued Misc F1404 in the
Forestry Commission.
3 Tumut Subregion of Southern Region
The parts of the State forests designated as special management zones
and shown by red tint on the diagram catalogued Misc F1403 in the
Forestry Commission.
Page 16
National Park Estate (Reservations) Bill 2005
Land transfers--ancillary and special provisions Schedule 6
Schedule 6 Land transfers--ancillary and special
provisions
(Section 11)
1 Exclusion of freehold and certain leasehold interests
(1) The following land is not reserved by this Act:
(a) land that a person holds for an estate in fee simple,
(b) land that a person holds under a perpetual lease, a special lease or
a term lease within the meaning of the Crown Lands (Continued
Tenures) Act 1989,
(c) land that is comprised in an incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act 1989.
(2) Land that a person holds for an estate in fee simple is not vested in the
Crown as Crown land, and made subject to the Crown Lands Act 1989,
by this Act.
(3) This clause has effect despite any other provision of this Act.
2 Application of Act
(1) This Act has effect despite the provisions of the Forestry Act 1916 and,
in particular, despite any different procedure under that Act for the
following:
(a) the revocation of State forests or timber reserves,
(b) the declaration of special management zones.
(2) This Act has effect despite the provisions of the National Parks and
Wildlife Act 1974 and, in particular, despite any different procedure for
reserving, or for vesting, land under that Act.
3 Reservation of lands as national parks or state conservation areas
(1) The lands reserved as, or as parts of, national parks or state conservation
areas by this Act are, for the purposes of the National Parks and Wildlife
Act 1974, taken to have been so reserved by notice published under
Division 1 of Part 4 of that Act.
(2) A reference in the National Parks and Wildlife Act 1974 to the
publication of a notice under Division 1 of Part 4 of that Act is, in
relation to a reservation of any of the lands described in Schedule 1 that
is effected by this Act, taken to be a reference to the enactment of this
Act.
Page 17
National Park Estate (Reservations) Bill 2005
Schedule 6 Land transfers--ancillary and special provisions
(3) A name assigned to any national park or state conservation area by this
Act is taken to have been assigned to that land by notice published under
Division 1 of Part 4 of the National Parks and Wildlife Act 1974.
(4) Sections 35 and 47D of the National Parks and Wildlife Act 1974 do not
apply to a reservation of land as, or as part of, a national park or state
conservation area that is effected by this Act.
4 Existing leases under Forestry Act 1916 affecting lands reserved as
national parks or state conservation areas
Section 42 (2) (including section 42 (2) as applied by section 47K) of
the National Parks and Wildlife Act 1974 applies to and in respect of a
lease under the Forestry Act 1916, being a lease:
(a) affecting any of the lands described in Schedule 1 that are
reserved as, or as parts of, national parks or state conservation
areas by this Act, and
(b) current and in force immediately before the commencement of
this Act,
in the same way as it applies to a licence or permit under the Forestry
Act 1916.
5 Access roads within national parks and state conservation areas
(1) In this clause:
access roads means the roads, tracks, trails and other means of access
referred to in subclause (2) (a)(c).
private land holding means land held:
(a) by an owner within the meaning of the National Parks and
Wildlife Act 1974, or
(b) as a holding within the meaning of the Crown Lands Act 1989.
(2) This clause applies to and in respect of the following access roads
situated within the lands described in Schedule 1 immediately before
the commencement of this Act:
(a) roads of access within the meaning of section 33A of the Forestry
Act 1916,
(b) roads, tracks, trails and other means of access used, immediately
before the commencement of this Act, for access to private land
holdings within those lands,
(c) roads, tracks, trails and other means of access through those lands
to State forests or private land holdings that adjoin or are in the
vicinity of the lands.
Page 18
National Park Estate (Reservations) Bill 2005
Land transfers--ancillary and special provisions Schedule 6
(3) The access roads to which this clause applies are not, on the
commencement of this Act, reserved as, or as part of, a national park or
state conservation area by this Act but vest in the NPW Minister on
behalf of the Crown for the purposes of Part 11 of the National Parks
and Wildlife Act 1974 for an estate in fee simple, freed and discharged
from:
(a) all trusts, obligations, estates, interests, rights of way or other
easements, and
(b) any dedication, reservation, Crown grant or vesting to which the
lands were subject, and any such dedication, reservation, grant or
vesting is revoked.
(4) The access roads may continue, subject to this clause, to be used for the
purposes for which they were used immediately before the
commencement of this Act.
(5) Before 31 March 2006, the NPW Minister must, under section 149 of
the National Parks and Wildlife Act 1974, grant a right of way over an
access road to which this clause applies for the benefit of a private land
holding in order to replace any right of way duly granted under section
20A of the Forestry Act 1916 for the benefit of that land holding and in
force immediately before the commencement of this Act.
(6) The NPW Minister may from time to time revoke or vary the grant of a
right of way under subclause (5).
(7) Before 31 December 2009, the NPW Minister must, by one or more
orders published in the Gazette, declare which of the access roads to
which this clause applies:
(a) are excluded from reservation as part of a national park or state
conservation area, or
(b) are not so excluded and are reserved as part of the national park
or state conservation area in which they are situated.
An order under this subclause may be published only with the
concurrence of the Minister administering the Forestry Act 1916.
(8) On the publication of an order under subclause (7):
(a) the access roads that are referred to in the order as excluded from
reservation as part of a national park or state conservation area
remain vested in the NPW Minister for the purposes of Part 11 of
the National Parks and Wildlife Act 1974 and may, subject to this
clause, continue to be used for the purposes for which they were
used immediately before the commencement of this Act, and
Page 19
National Park Estate (Reservations) Bill 2005
Schedule 6 Land transfers--ancillary and special provisions
(b) the access roads that are not so excluded are reserved as part of
the national park or state conservation area within which they are
situated.
(9) Nothing in this clause affects the exercise of any power, authority, duty
or function by the NPW Minister or any other person under and in
accordance with the National Parks and Wildlife Act 1974 in relation to
any access road to which this clause applies.
(10) While a private land holding is in private ownership, nothing in this
clause authorises the NPW Minister to close any access road that
comprises the only practical means of access to the land holding.
(11) This clause has effect despite the provisions of the Forestry Act 1916.
6 Status of land vested in NPW Minister
(1) Any land that is vested by this Act in the NPW Minister for the purposes
of Part 11 of the National Parks and Wildlife Act 1974 is taken to have
been acquired by that Minister under that Part, and may be dealt with by
that Minister as if it had been so acquired.
(2) Any such land is, to the extent that it relates to land subject to a lease
preserved by section 7, taken to be Crown land reserved from sale for
the purpose of any application by the holder of the lease to purchase the
land comprised in the lease.
7 Provisions relating to activities carried out on land vested in NPW
Minister
(1) This clause applies to and in respect of land vested in the NPW Minister
for the purposes of Part 11 of the National Parks and Wildlife Act 1974
by this Act.
(2) For the avoidance of doubt, the purposes for which the NPW Minister's
powers under section 149 of the National Parks and Wildlife Act 1974
may be exercised in respect of land to which this clause applies include
enabling an activity to continue to be carried out that was carried out on
the land before it was so vested.
(3) The Director-General of the Department of Environment and
Conservation may authorise the use of relevant access roads for the
purpose of enabling any lawful activity to be carried out on the land to
which this clause applies.
(4) In this clause, relevant access roads means roads, tracks, trails and
other means of access through any land reserved under the National
Parks and Wildlife Act 1974 to land to which this clause applies.
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Land transfers--ancillary and special provisions Schedule 6
8 Administration of perpetual leases affecting land vested in NPW Minister
(1) The administration of matters relating to perpetual leases (within the
meaning of the Crown Lands (Continued Tenures) Act 1989) affecting
any of the lands described in Schedule 3 and preserved by section 7, is
vested in the NPW Minister.
(2) For the purposes of subclause (1), the NPW Minister has the powers of
the Minister administering the Crown Lands (Continued Tenures) Act
1989.
9 Existing interests affecting land subject to Crown Lands Act 1989
(1) In this clause, existing interest means a lease, licence, permit,
occupancy, authority or authorisation under the Forestry Act 1916:
(a) affecting any of the land described in Schedule 4 that is vested in
the Crown as Crown land and subject to the Crown Lands Act
1989 by the operation of this Act, and
(b) current and in force immediately before the commencement of
this Act.
(2) An existing interest continues in force under the Forestry Act 1916 until
the existing interest is cancelled, surrendered or expires (whichever
occurs first) and the Forestry Act 1916 continues to apply in respect of
the existing interest until it is cancelled, surrendered or expires.
(3) The administration of existing interests is vested in the Minister
administering the Crown Lands Act 1989.
(4) For the purposes of subclause (3), the Minister administering the Crown
Lands Act 1989 has the powers of the Minister administering the
Forestry Act 1916 and the Forestry Commission.
(5) Subclauses (3) and (4) do not affect any functions, powers or duties that
may be exercised in relation to Crown land under the Forestry Act 1916
by the Minister administering that Act or the Forestry Commission.
Note. The Forestry Act 1916 provides for certain authorities to be granted, and
subsequently dealt with, in relation to Crown land, including Crown-timber lands
that are not State forests.
10 Access roads within land vested in the Crown as Crown land
(1) The following provisions apply to access roads referred to in clause 5
(2) (a)(c) within the lands referred to in Schedule 4 immediately before
the commencement of this Act:
(a) the access roads may continue, subject to this clause and the
Crown Lands Act 1989, to be used for the purposes for which
they were used immediately before the commencement of this
Act,
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National Park Estate (Reservations) Bill 2005
Schedule 6 Land transfers--ancillary and special provisions
(b) any such access road must not be closed while it comprises the
only practical means of access to a private land holding (within
the meaning of clause 5) that is within private ownership,
(c) a right over, or interest in, the land may be granted, in accordance
with the Crown Lands Act 1989, for the purpose of its continued
use as an access road.
(2) Before 31 March 2006, the Minister administering the Crown Lands Act
1989 must, under section 34 of the Crown Lands Act 1989, grant a right
of way over an access road to which this clause applies for the benefit
of a private land holding in order to replace any right of way duly
granted under section 20A of the Forestry Act 1916 for the benefit of
that land holding and in force immediately before the commencement
of this Act.
(3) The Minister administering the Crown Lands Act 1989 may from time
to time revoke or vary the grant of a right of way under subclause (2).
11 Declaration of special management zones
(1) The lands declared as special management zones by this Act are, for the
purposes of the Forestry Act 1916, taken to have been declared by
notice under section 21A of that Act.
(2) A reference in the Forestry Act 1916 to the publication of a notice under
section 21A of that Act is, in relation to a declaration effected by this
Act, taken to be a reference to the enactment of this Act.
12 Saving in relation to revocations
A revocation effected by this Act does not affect anything done or
omitted to be done before the revocation takes effect.
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