NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 1A
NATIONAL PARKS AND WILDLIFE ACT 1974 - SCHEDULE 1A
SCHEDULE 1A – Reservation of 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, regional parks, 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.
Part 2 - Reservation of part of Hunter Wetlands National Park
2 Reservation of land as part of Hunter Wetlands National Park
(1) This clause applies to an area of about 22 hectares, being Lot 22, DP 1150980.
(2) On the commencement of this clause, the land to which this clause applies is reserved as part of Hunter Wetlands National Park.
(3) The reservation is restricted to a depth of 50 metres below the surface of the land.
Part 3 - Land transfers and reservation
3 Relationship to Forestry Act 2012 and Crown Land Management Act 2016
(1) This Part has effect despite--(a) the provisions of the Forestry Act 2012 , in particular provisions that provide for a different procedure for revoking the dedication of State forest, a special management zone or a flora reserve, and(b) the provisions of the Crown Land Management Act 2016 , in particular provisions that provide for a different procedure for revoking the dedication or reservation of Crown land.
(2) Without limiting clause 1, this Part has effect despite provisions of this Act that provide for a different procedure for reserving, or revoking the reservation of, national parks and state conservation areas.
4 Revocation of State forest dedications and reservation as part of Wollemi National Park
(1) The dedication of the land described in subclause (2) as State forest is revoked.
(2) An area of about 2,257 hectares, being part of Newnes State Forest No 748, dedicated by proclamation published in the NSW Government Gazette on 21 May 1920, and part Extensions No 4 and No 5, dedicated on 12 March 1976 and 23 April 2004, respectively, in the County of Cook, Parishes of Cook and Rock Hill, and being designated as 51-01 on the diagram catalogued Misc R 00355 Edition 1 held by the Service, subject to any variation or exceptions noted on the diagram.
(3) The land described in subclause (2) is reserved as part of the Wollemi National Park.
(4) A notice under the Forestry Act 2012 , section 16 or 18 that declares an area of State forest, the dedication of which is revoked by this clause, as a flora reserve or special management zone is also revoked to the extent to which it relates to a flora reserve or special management zone, or a part of either, situated within the land described in subclause (2).
5 Revocation of State forest dedications and reservation as Gardens of Stone State Conservation Area
(1) The dedication of the following land as State forest is revoked--(a) an area of about 6,235 hectares, being part of Ben Bullen State Forest No 434, dedicated by proclamation published in the NSW Government Gazette, being part Extension No 1, No 2, No 3, No 4 and No 6, dedicated on 20 May 1938, 17 June 1955, 8 August 1958, 29 May 1970 and 18 March 1983, respectively, in the Counties of Cook and Roxburgh, Parishes of Ben Bullen, Cox, Cullen Bullen and Lidsdale and being designated as 1201-01 on the diagram catalogued Misc R 00355 Edition 1 held by the Service, subject to any variation or exceptions noted on the diagram,(b) an area of 1053.8 hectares, being Wolgan State Forest No 454, dedicated by proclamation published in the NSW Government Gazette on 25 May 1917, in the County of Cook, Parish of Wolgan and being designated as 1201-02 on the diagram catalogued Misc R 00355 Edition 1 held by the Service, subject to any variation or exceptions noted on the diagram,(c) an area of about 21,033 hectares, being part of Newnes State Forest No 748, dedicated by proclamation published in the NSW Government Gazette on 21 May 1920, and Extension No 1, No 2, No 3, part No 4 and No 5, dedicated 24 March 1921, 7 July 1922, 8 April 1932, 12 March 1976 and 23 April 2004, respectively, in the County of Cook, Parishes of Clwydd, Cook, Cox, Lidsdale, Marrangaroo, Rock Hill and Wolgan, and being designated as 1201-03 on the diagram catalogued Misc R 00355 Edition 1 held by the Service, subject to any variation or exceptions noted on the diagram.
(2) The land described in subclause (1) is reserved as the Gardens of Stone State Conservation Area.
(3) The reservations in this clause are restricted to a depth of 50 metres below the surface of the land.
(4) A notice under the Forestry Act 2012 , section 16 or 18 that declares an area of State forest, the dedication of which is revoked by subclause (1), as a flora reserve or special management zone is also revoked to the extent to which it relates to a flora reserve or special management zone, or a part of either, situated within the land described in subclause (1).
6 Revocation of reserved or dedicated Crown lands as national park or state conservation area
(1) The following Crown land dedicated or reserved under the Crown Land Management Act 2016 , sections 2.3 and 2.8 is revoked--(a) all that piece or parcel of land containing 380 hectares, situated in the County of Cook, Parish of Wolgan being Lot 44, 45 and 47, DP 751666, Lots 1, 2, 3 and 4, DP 722376, and being designated as 87-01 on the diagram catalogued Misc R 00355 Edition 1 held by National Parks and Wildlife Service, subject to any variation or exceptions noted on the diagram,(b) all that piece or parcel of land containing about 126 hectares, situated in the County of Cook, Parishes of Cox and Wolgan being Lot 7300, DP 1139065 and Lot 7003, DP 1026540, and being designated as "Crown land addition" on the diagram catalogued Misc R 00354 held by the Service, subject to any variation or exceptions noted on the diagram.
(2) The land described in subclause (1)(a) is reserved as part of the Gardens of Stone National Park.
(3) The land described in subclause (1)(b) is reserved as the Gardens of Stone State Conservation Area.
(4) The reservation in subclause (1)(b) is restricted to a depth of 50 metres below the surface of the land.
(5) A lease or other interest in the land described in subclause (1) remains in force, as if the land had not been reserved, except as provided under subclause (6).
(6) Crown-timber lands or timber reserves on the land described in subclause (1) are revoked by this clause, to the extent that the lands or reserves, or parts of the lands or reserves, are situated within the land described in subclause (1).
(7) In this clause--
"Crown-timber land" has the same meaning as in the Forestry Act 2012 .
"timber reserve" has the same meaning as in the Forestry Act 2012 .
7 Adjustment of description of transferred land
(1) The Secretary may adjust a description of land in clauses 4(2), 5(1)(a)-(c) and 6(1)(a) and (b) from time to time--(a) to alter the boundaries of the land for the purposes of the effective management of national park estate land, State forests land and Crown lands, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or(b) to adjust the boundary of land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate setback from the carriageway of the road, or(c) to include, remove or change the description of an easement or restriction to which the land is subject, or(d) to provide a more detailed description of the boundaries of the land.
(2) The land description adjustment must be made by notice published in the Gazette.
(3) A notice made under this clause may be published in the Gazette only with the approval of--(a) the Minister, and(b) to the extent the notice relates to a State forest--the Minister administering the Forestry Act 2012 , and(c) to the extent the notice applies to Crown land or a Crown road--the Minister administering the Crown Land Management Act 2016 , and(d) to the extent the notice applies to a classified road--the Minister administering the provisions of the Roads Act 1993 relating to classified roads.
(4) The Secretary is required to certify in a notice under this clause that the adjustments effected by the notice will not result in significant reduction in the size or value of national park estate land or State forest land.
(5) If a part of the land described in clauses 4(2), 5(1)(a)-(c) and 6(1)(a) and (b) is not included in the adjusted land description, the land is taken to never have been subject to or affected by the provisions of this Part applying to the land.
(6) If land included in the adjusted land description includes land not described in clauses 4(2), 5(1)(a)-(c) and 6(1)(a) and (b), the land is taken to have been subject to the provisions of this Part on and from the day on which this Part commences.
(7) The Secretary may, in a notice published under this clause to adjust the boundary of land adjoining a public road, declare that the land described in the notice--(a) is part of the public road and, accordingly, is vested in the roads authority for the public road under the Roads Act 1993 , or is Crown land, or(b) ceases to be part of the public road and is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applying to land described in the relevant Schedule in which the land is included.
(8) A declaration under subclause (7) has effect despite anything to the contrary in the Roads Act 1993 .
(9) A land description adjustment may be made at any time until the day that is 5 years after this Part commences.
(10) In this clause--
"appropriate setback" , in relation to the carriageway of a road, includes a setback that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.
"classified road" has the same meaning as in the Roads Act 1993 .
"land adjoining a public road" includes land in the vicinity of a public road.
"national park estate land" means the following--(a) land reserved under this Act,(b) land vested in the Minister for the purposes of this Act, Part 11.
"public road" has the same meaning as in the Roads Act 1993 .
8 Savings in relation to revocations
A revocation effected by the National Parks and Wildlife Amendment Act 2021 does not affect anything done or omitted to be done before the revocation takes effect.