New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 73B

73B Adoption, amendment and cancellation of plans of management

(1) After considering the representations made under section 73A and any advice from the Council, the Minister may adopt a plan of management without alteration or with such alterations as the Minister may think fit or may refer it back to the responsible authority and the Council for further consideration.

(2) The Minister is to refer the plan of management back to the responsible authority for consideration if the Minister has not adopted the plan within 12 months after receiving it for consideration.

(3) The Minister may, on the recommendation of the responsible authority:

(a) amend or alter a plan of management from time to time, or

(b) cancel a plan of management, or

(c) cancel a plan of management and substitute a new plan of management.

(4) If the Minister proposes to amend or alter a plan of management, or to cancel a plan of management and substitute a new plan of management, the Minister is to instruct the responsible authority to cause the amendment, alteration or new plan of management to be prepared.

(5) The responsible authority is to cause the amendment, alteration or new plan of management to be prepared as soon as possible.

(6) The Minister may take action under subsection (1) or (3):

(a) in relation to a plan of management for a wildlife refuge-only with the consent in writing of the owner or holder, and the occupier, of the land to which the plan of management relates, or

(b) in relation to a plan of management for a conservation area or proposed conservation area-only with the consent in writing of the owner of the land to which the plan of management relates, or

(c) in relation to a plan of management for a State forest-only with the concurrence in writing of the Forestry Commission.

(7) Section 72AA, 73A, 74, 75 and subsections (1)-(6) apply to and in respect of an amendment, alteration or substitution of a plan of management in the same way as they apply to the preparation of a new plan of management.
However, in relation to an amendment or alteration of a plan of management, the reference in section 73A (2) (c) (as applied) to “90 days” is taken to be a reference to “45 days”.

(8) Despite the other provisions of this section, the Minister is to cancel a plan of management for a State forest at the request in writing of the Forestry Commission.

Note: Sections 74 and 80 include other provisions relating to the adoption, amendment and cancellation of plans of management for certain land.