New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 68

68 Wildlife refuges

(1) Subject to this section, the Governor may, by proclamation published in the Gazette, declare any lands described in the proclamation to be a wildlife refuge.

(2) Lands within a wildlife refuge shall be deemed to be dedicated for the purposes of:

(a) preserving, conserving, propagating and studying wildlife,

(b) conserving and studying natural environments, and

(c) creating simulated natural environments.

(3) A proclamation under subsection (1):

(a) shall not be made:

(i) where the lands are unoccupied Crown lands-without the consent of the Minister administering the Crown Lands Consolidation Act 1913 ,

(ii) where the lands are occupied Crown lands-without the consent of that Minister, the holder and the occupier,

(iii) where the lands are not Crown lands and are not within a State forest-without the consent of the owner and the occupier, or

(iv) where the lands are within a State forest-without the consent of the Forestry Commission, and

(b) may be revoked at any time, and may be varied or amended with the consent of, and shall be revoked at the request of, any person whose consent would, if the lands were, for the time being, not a wildlife refuge, be required for their declaration as such a refuge.

(4) A person who is a holder or occupier of Crown lands shall be deemed, for the purposes of this section, to have given his or her consent, referred to in subsection (3), if, within thirty days of being given notice that his or her consent is sought, the person does not inform the Minister or Director-General that the person gives or withholds his or her consent.

(5) A proclamation under this section may be made so as:

(a) to relate to one or more wildlife refuges specified therein, and

(b) to apply differently according to such factors as may be specified therein.

(6) A revocation, variation or amendment referred to in subsection (3) (b) shall be effected by proclamation of the Governor published in the Gazette.

(7) Where the consent of the Forestry Commission is required under this section, the consent shall not be given without the approval of the Minister administering the Forestry Act 1916 .

(8) The Director-General shall forward a copy of a proclamation under this section to the Valuer-General as soon as practicable after the proclamation is published in the Gazette.