New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SCHEDULE 7

SCHEDULE 7 – Land transfers-ancillary and special provisions

(Section 13)

1 Exclusion of freehold and certain leasehold interests

(1) Land that a person holds:

(a) for an estate in fee simple, or

(b) under a perpetual lease, a special lease or a term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 ,

is not reserved or dedicated by the operation of Part 2 of this Act.

(2) This clause has effect despite any other provision of Part 2 of this Act.

2 Application of Part 2

(1) Part 2 of this Act has effect despite the provisions of the Forestry Act 1916 and, in particular, despite any different procedure for the revocation of State forests, flora reserves or national forests under that Act or the setting apart of flora reserves under that Act.

(2) Part 2 of 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 dedicating, or for vesting, land under that Act.

(3) Part 2 of this Act has effect despite the provisions of the Crown Lands Act 1989 and, in particular, despite any different procedure for dedicating land under that Act.

3 Reservation of lands as national parks or historic sites

(1) The lands reserved as national parks or historic sites by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by proclamation made under section 33 (2) of that Act. A name assigned to any such national park or historic site by this Act is taken to have been assigned to that park or site by a proclamation referred to in section 36 (a) of the National Parks and Wildlife Act 1974 .

(2) The lands reserved as parts of national parks or historic sites by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by proclamation made under section 33 (3) of that Act.

(3) A reference in the National Parks and Wildlife Act 1974 to the publication of a proclamation under section 33 (2) or (3) of that Act is, in relation to a reservation effected by this Act, taken to be a reference to the enactment of this Act.

(4) Section 35 of the National Parks and Wildlife Act 1974 does not apply to a reservation of land as, or as part of, a national park or historic site that is effected by this Act.

4 Dedication of lands as nature reserve

(1) The lands dedicated as a nature reserve by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so dedicated by proclamation made under section 49 (1) of that Act. A name assigned to any such nature reserve by this Act is taken to have been assigned to that reserve by a proclamation referred to in section 51 (a) of the National Parks and Wildlife Act 1974 .

(2) The lands dedicated as part of a nature reserve by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so dedicated by proclamation made under section 49 (2) of that Act.

(3) A reference in the National Parks and Wildlife Act 1974 , being a reference to, or a reference to be construed as a reference to, the publication of a proclamation under section 49 (1) or (2) of that Act is, in relation to a dedication referred to in Part 2 of this Act, taken to be a reference to the enactment of this Act.

(4) Section 35 of the National Parks and Wildlife Act 1974 , as applied to nature reserves by section 58 (b) of that Act, does not apply to a dedication of land as, or as part of, a nature reserve that is effected by this Act.

5 Existing leases under Forestry Act 1916

Section 42 (2) 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, and

(b) current and in force immediately before the commencement of Part 2 of this Act,

6 Administration of existing leases and similar interests

(1) In this clause, "existing interest" means a lease, licence, permit, authority, authorisation or occupancy current and in force immediately before the commencement of Part 2 of this Act.

(2) The administration of matters relating to existing interests:

(a) to the extent that those interests affect any of the lands described in Schedule 1 or 2, or

(b) to the extent that those interests affect any of the lands described in Schedule 5 and are preserved by the operation of section 10,

is vested in the Minister administering the National Parks and Wildlife Act 1974 .

(3) For the purposes of subclause (2), the Minister administering the National Parks and Wildlife Act 1974 has:

(a) in respect of existing interests under the Forestry Act 1916 -the powers of the Minister administering that Act and of the Forestry Commission, and

(b) in respect of existing interests under the Crown Lands Act 1989 -the powers of the Minister administering that Act, and

(c) in respect of existing interests under the Crown Lands (Continued Tenures) Act 1989 -the powers of the Minister administering that Act.

(4) The amendments made to subclause (3) by the National Parks and Wildlife Amendment Act 2001 are taken to have had effect on and from the commencement of that subclause and anything done on or after that commencement under that subclause that could have been validly done under that subclause as so amended is taken to have been validly done.

7 Special provision as to access roads within national parks etc

(1) In this clause:
"access roads" means the roads, tracks, trails and other means of access referred to in subclause (2) (a)-(c).
"NPW Minister" means the Minister administering the National Parks and Wildlife Act 1974 .
"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 roads, tracks, trails and other means of access situated within the lands referred to in Schedule 1 or 2 immediately before the commencement of Part 2 of this Act:

(a) roads of access within the meaning of section 33A of the Forestry Act 1916 ,

(b) roads used, immediately before the commencement of Part 2, for access to private land holdings within those lands,

(c) roads through those lands to State forests or private land holdings that adjoin or are in the vicinity of the lands.

(3) The access roads to which this clause applies are not, on the commencement of Part 2 of this Act, reserved as, or as part of, a national park or historic site or dedicated as or as part of a nature reserve by the operation of Part 2 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 by the operation of this clause.

(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 Part 2 of this Act.

(5) Within 12 months after the commencement of Part 2 of this Act (or within such further period as the NPW Minister may, by notice published in the Gazette, notify before the expiration of that period) 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 historic site or dedication as part of a nature reserve, or

(b) are not so excluded and are reserved as part of the national park or historic site or dedicated as part of the nature reserve 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 .

(6) On the publication of an order under subclause (5):

(a) the access roads that are referred to in the order as excluded from reservation as part of a national park or historic site or dedication as part of a nature reserve 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 Part 2 of this Act, and

(b) the access roads that are not so excluded are reserved as part of the national park or historic site or dedicated as part of the nature reserve within which they are situated.

(7) 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.

(8) 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.

(9) This clause has effect despite the provisions of the Forestry Act 1916 .

8 Status of land vested in NPW Minister

(1) Any land that is vested by this Act in the Minister administering the National Parks and Wildlife Act 1974 for the purposes of Part 11 of that Act 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 the operation of section 10, taken to be Crown lands reserved from sale for the purpose of any application by the holder of the lease to purchase the land comprised in the lease.

9 Setting apart of flora reserves

The lands set apart as, or as part of, a flora reserve under this Act are, for the purposes of the Forestry Act 1916 , taken to have been set apart by notice under section 25A of that Act. A name assigned to any such flora reserve by this Act is taken to have been assigned to that flora reserve by a notice under that section.

10 Dedication of reserves under Crown Lands Act 1989

(1) The reserve trust established by section 9, and appointed as trustee under section 9, is taken to have been established and named, and appointed as trustee, under section 92 of the Crown Lands Act 1989 .

(2) The appointment by section 9 of the Director-General of National Parks and Wildlife to manage the affairs of the reserve trust is taken to have been made under section 95 of the Crown Lands Act 1989 .

(3) The following provisions apply to access roads referred to in clause 7 (2) (a)-(c) within the lands referred to in Schedule 4 immediately before the commencement of Part 2 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 Part 2 of this Act,

(b) the reserve trust may not close any such access road while it comprises the only practical means of access to a land holding in private ownership (within the meaning of clause 7),

(c) the reserve trust may, in accordance with the Crown Lands Act 1989 , grant any right over, or interest in, the land for the purpose of its continued use as an access road.

11 Saving in relation to revocations

A revocation effected by Part 2 of this Act does not affect anything done or omitted to be done before the commencement of that Part.