NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 1

NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 1

SCHEDULE 1 – Recategorisation of reserved land

Part 1 - General provisions

1 Reservation of lands as national parks, nature reserves, state conservation areas, regional parks, historic sites or Aboriginal areas

(1) The lands reserved as, or as parts of, national parks, nature reserves or state conservation areas, a regional park, historic sites or Aboriginal areas by this Schedule are, for the purposes of this Act and the Native Title (New South Wales) Act 1994 , taken to have been so reserved by notice published under Division 1 of Part 4.

(2) A reference in this Act to the publication of a notice under Division 1 of Part 4 is, in relation to a reservation of land effected by this Schedule, taken to be a reference to the commencement of the operation of the relevant provision of this Schedule that effects the reservation of the land.

(3) A name assigned to any national park, nature reserve, state conservation area, regional park, historic site or Aboriginal area by this Schedule is taken to have been assigned to that land by a notice published under Division 1 of Part 4.

(4) Section 35 (including section 35 as applied by section 58) and sections 47D and 47R do not apply to a reservation of land as, or as part of, a national park, nature reserve, state conservation area, regional park or historic site that is effected by this Schedule.

2 Current plans of management

(1) This clause applies to a plan of management adopted under Part 5 of this Act, for land the subject of a recategorisation or renaming under this Schedule, before the recategorisation or renaming.

(2) A plan of management to which this clause applies continues to apply, to the extent to which it applied previously, to the land so recategorised or renamed, as a plan of management for the purposes of this Act.

(3) A plan of management to which this clause applies may be amended, altered, cancelled or substituted in accordance with Part 5 of this Act.

3 Pending plans of management

(1) This clause applies to a plan of management for land the subject of a recategorisation or renaming under this Schedule, being a plan of management for which notice had been given under Part 5 of this Act, before the recategorisation or renaming of the land, but that was not finally adopted at that time of the recategorisation or renaming.

(2) A plan of management to which this clause applies may be adopted under Part 5 of this Act for the land so recategorised or renamed as a plan of management for the purposes of this Act.

(3) A plan of management to which this clause applies may be amended, altered, cancelled or substituted in accordance with Part 5 of this Act.

4 Saving in relation to revocations

A revocation effected by a provision of this Schedule does not affect anything done or omitted to be done before the commencement of that provision.

5 Maps and diagrams

In this Schedule, a reference to a map or diagram is a reference to a map or diagram deposited at the Department of Planning, Industry and Environment.

Part 2 - Recategorisation of land by National Parks and Wildlife Amendment (Visitors and Tourists) Act 2010

6 Corramy State Conservation Area (part only) recategorisation

(1) The reservation under this Act of that part of Corramy State Conservation Area to which this clause applies as part of a state conservation area is revoked and the land is reserved as a regional park to be known as Corramy Regional Park.

(2) This clause applies to an area of about 290 hectares, being that part of Corramy State Conservation Area reserved by the National Park Estate (Southern Region Reservations) Act 2000 (as Corramy State Recreation Area), designated as area 642-01 on the diagram Misc R 00082 (Third Edition), subject to any variations or exceptions noted on that diagram.

(3) To avoid doubt, section 10 of, and clause 8 of Schedule 7 to, the National Park Estate (Southern Region Reservations) Act 2000 continue to apply to land to which they applied immediately before the commencement of this clause, despite the enactment of this clause.

(4) In this clause, a reference to land affected by a provision of an Act referred to in subclause (3) is taken to be a reference to the land as adjusted from time to time under any such provision that applies to the land.

7 Limeburners Creek Nature Reserve recategorisation

(1) The reservation under this Act of Limeburners Creek Nature Reserve as a nature reserve is revoked and the land is reserved as a national park to be known as Limeburners Creek National Park.

(2) In this clause--


"Limeburners Creek Nature Reserve" means an area of about 9,223.39 hectares, being the whole of Limeburners Creek Nature Reserve reserved by notices published in the following--

(a) Gazette No 34 of 26 March 1971 at page 1000,

(b) Gazette No 37 of 7 April 1972 at page 1189,

(c) Gazette No 191 of 19 December 1980 at page 6506,

(d) Gazette No 19 of 23 January 1981 at page 433,

(e) Gazette No 51 of 3 April 1981 at page 1964,

(f) Gazette No 82 of 10 June 1983 at page 2572,

(g) Gazette No 137 of 30 September 1983 at page 4461,

(h) Gazette No 175 of 7 November 1986 at page 5388,

(i) Gazette No 104 of 19 June 1987 at page 2992,

(j) Gazette No 35 of 9 March 1990 at page 1992,

(k) Gazette No 139 of 4 October 1991 at page 8504,

(l) Gazette No 115 of 11 October 1996 at page 6940,

(m) Gazette No 27 of 5 March 1999 at pages 1834-1836.

8 Sea Acres Nature Reserve recategorisation

(1) The reservation under this Act of Sea Acres Nature Reserve as a nature reserve is revoked and the land is reserved as a national park to be known as Sea Acres National Park.

(2) In this clause--


"Sea Acres Nature Reserve" means an area of about 76 hectares, being the whole of Sea Acres Nature Reserve reserved by notices published in the following--

(a) Gazette No 54 of 20 March 1987 at pages 1453-1454,

(b) Gazette No 52 of 11 March 1988 at page 1527,

(c) Gazette No 107 of 3 November 1989 at page 9033.

9 Macquarie Nature Reserve (part only) recategorisation

(1) The reservation under this Act of the land to which this clause applies as a nature reserve is revoked and the land is reserved as a historic site to be known as Roto House Historic Site.

(2) This clause applies to an area of about 4 hectares, being that part of the Macquarie Nature Reserve No 45, reserved by notice published in Gazette No 3 of 9 January 1970 at pages 83-84, shown by hatching in diagram Misc R 00106, subject to any variations or exceptions noted on the diagram.

Part 3 - Recategorisation of land by National Parks and Wildlife Legislation Amendment (Reservations) Act 2011

10 Wianamatta Regional Park (part only) recategorisation

(1) This clause applies to an area of about 181.1 hectares of Wianamatta Regional Park, being Lot 2, DP 1057347.

(2) The reservation under this Act of the land to which this clause applies as part of a regional park is revoked and the land is reserved as a nature reserve to be known as Wianamatta Nature Reserve.

Part 4 - Recategorisation of land by National Parks and Wildlife Amendment (Adjustment of Areas) Act 2012

11 Berowra Valley Regional Park (part only) recategorisation

(1) This clause applies to an area of about 3,876 hectares of Berowra Valley Regional Park, being the land shown hatched black on the diagram catalogued Misc R 00327 in the Department of Planning, Industry and Environment, subject to any variations or exceptions noted on that diagram.

(2) The reservation under this Act of the land to which this clause applies as part of a regional park is revoked and the land is reserved as a national park to be known as Berowra Valley National Park.

Part 5 - Recategorisation of land by National Parks and Wildlife Amendment (Adjustment of Areas) Act 2016

12 Ben Halls Gap National Park recategorisation

(1) This clause applies to Ben Halls Gap National Park, which consists of the following land and has a total area of about 3,018 hectares--

(a) Lots 38, 39, 49 and 51, DP 753722,

(b) Lot 113, DP 750925.

(2) The reservation under this Act as national park of the land to which this clause applies is revoked and the land is reserved as a nature reserve to be known as Ben Halls Gap Nature Reserve.

13 Khappinghat Nature Reserve (part only) recategorisation

(1) This clause applies to land having an area of about 2,020 hectares, as shown by hatching on the diagram catalogued Misc R 00335 (dated 5 February 2015).

(2) The reservation under this Act as nature reserve of land to which this clause applies is revoked and the land is reserved as a national park to be known as Khappinghat National Park.