New South Wales Consolidated Acts

FORESTRY REVOCATION AND NATIONAL PARK RESERVATION ACT 1996 - SECT 9

9 Special provision as to access roads

(1) In this section:
"access roads" means the roads, tracks, trails and other means of access referred to in subsection (2) (a)-(o).
"Environment 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 section applies to and in respect of the following roads, tracks, trails and other means of access situated within the lands referred to in Schedule 2 immediately before the commencement of this Act:

(a) all that piece or parcel of land approximately 3 km east of Daunceys Road running roughly south from Mussel Road to Wonboyn River within East Boyd State Forest No 127 indicated on diagram catalogued Misc F 1241 in the Forestry Commission of New South Wales and situated within the proposed additions to Ben Boyd National Park,

(b) all that piece or parcel of land comprising part of Chandlers Creek Fire Trail, Joebill Road, Shannon Creek Road, Marara Road, Middle Creek Road and Quartz Road within Chaelundi State Forest No 996, Boundary Creek State Forest No 627 and Marara State Forest No 628 indicated on diagram catalogued Misc F 1249 in the Forestry Commission of New South Wales and situated within the proposed Chaelundi National Park,

(c) all that piece or parcel of land comprising part of Hanging Rock Road, Kosekai Road and Wilkes Road within Mistake State Forest No 525 indicated on diagram catalogued Misc F 1253 in the Forestry Commission of New South Wales and situated within the proposed Dunggir National Park,

(d) all that piece or parcel of land 10 m wide and approximately 7.5 km long within Fortis Creek State Forest embracing the formation of Wiljulen Trail from Coaldale Road to Portion 16, Parish of Whiteman and situated within the proposed Fortis Creek National Park,

(e) all that piece or parcel of land 20 m wide within Paddys Land State Forest No 362 embracing the formation of Paddys Land Road and situated within the proposed additions to Guy Fawkes River National Park,

(f) all that piece or parcel of land comprising part of Mount Royal Road within Mount Royal State Forest No 297 indicated on diagram catalogued Misc F 1252 in the Forestry Commission of New South Wales and situated within the proposed Mount Royal National Park,

(g) all that piece or parcel of land comprising part of Black Mountain Road within Kangaroo River State Forest No 21 indicated on diagram catalogued Misc F 1251 in the Forestry Commission of New South Wales and all land west of Black Mountain Road between Portion 72, Parish of Bardool and the Nymboida-Kangaroo River Road and situated within the proposed Nymboi-Binderay National Park,

(h) all that piece or parcel of land comprising part of Culmarin Creek Forest Road and Cambridge Plateau Forest Road within Richmond Range State Forest No 610 indicated on diagram catalogued Misc F 1248 in the Forestry Commission of New South Wales and situated within the proposed Richmond Range National Park,

(i) all that piece or parcel of land comprising part of Nitens Road and Bull Road within Glenbog State Forest No 149 indicated on diagram catalogued Misc F 1243 in the Forestry Commission of New South Wales and situated within the proposed South East Forest National Park,

(j) all that piece or parcel of land comprising part of Rockton Fire Trail within the Bondi State Forest No 128 indicated on diagram catalogued Misc F 1247 in the Forestry Commission of New South Wales and situated within the proposed South East Forest National Park,

(k) all that piece or parcel of land comprising part of Farnell Road within Spirabo State Forest No 321 and Morven Fire Trail within Curramore State Forest No 763 indicated on diagram catalogued Misc F 1268 in the Forestry Commission of New South Wales and situated within the proposed additions to Washpool National Park,

(l) all that piece or parcel of land comprising part of the access road from Forbes River Road to Portion 12, Parish of Moorabark within Mount Boss State Forest No 910 indicated on diagram catalogued Misc F 1250 in the Forestry Commission of New South Wales and situated within the proposed additions to Werrikimbe National Park,

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

(n) roads used, immediately before the commencement of this Act, for access to private land holdings within the lands referred to in this section,

(o) roads through the lands referred to in this section to State forests or private land holdings that adjoin or are in the vicinity of the lands.

(3) The access roads to which this section applies are not, on the commencement of this Act, reserved as, or as part of, a national park by the operation of section 5 or dedicated as, or as part of, a nature reserve by the operation of section 6 but vest in the Environment 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 section.

(4) The access roads may continue, subject to this section, to be used for the purposes for which they were used immediately before the commencement of this Act.

(5) Within 6 months after the commencement of this Act (or within such further period as the Environment Minister may, by notice published in the Gazette, notify before the expiration of that period) the Environment Minister must, by one or more orders published in the Gazette, declare which of the access roads to which this section applies:

(a) are excluded from reservation as part of a national park or dedication as part of a nature reserve, or

(b) are not so excluded and are reserved as part of the national park or dedicated as part of the nature reserve in which they are situated.

An order under this subsection may be published only with the concurrence of the Minister administering the Forestry Act 1916 .

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

(a) the access roads that are referred to in the order as excluded from reservation as part of a national park or dedication as part of a nature reserve remain vested in the Environment Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 and may, subject to this section, continue to be used for the purposes for which they were used immediately before the commencement of this Act, and

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

(7) Nothing in this section affects the exercise of any power, authority, duty or function by the Environment 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 section applies.

(8) While a private land holding is in private ownership, nothing in this section authorises the Environment Minister to close any access road that comprises the only means of access to the land holding.

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