New South Wales Consolidated Acts

NATIONAL PARK ESTATE (RESERVATIONS) ACT 2002 - SECT 11

11 Adjustment of description of land transferred to national park estate

(1) The description of any land in Schedule 1, 2, 3, 4, 6 or 7 (a "relevant Schedule") may be adjusted in accordance with this section.

(2) A description of land may be adjusted from time to time:

(a) to alter the boundaries of the land for the purposes of the effective management of national park estate land and State forest land, 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 any land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the road, or

(c) to include, remove or change a description of any easement or restriction to which the land is subject, or

(d) to provide a more detailed description of the boundaries of land described in Schedule 3.

(3) An adjustment of the description of land is to be made by the Director-General of National Parks and Wildlife by a notice published on the NSW legislation website amends a relevant Schedule.

(4) A notice under this section may only be published with the approval of:

(a) the Minister administering the National Parks and Wildlife Act 1974 , and

(b) the Minister administering the Forestry Act 1916 , and

(c) to the extent that the notice applies to any Crown land-the Minister administering the Crown Lands Act 1989 , and

(d) to the extent that the notice applies to a classified road-the Minister administering the provisions of the Roads Act 1993 relating to classified roads.

(5) The Director-General of National Parks and Wildlife is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.

(6) An adjustment of the description of land may only be made before:

(a) 31 December 2003, except as provided by paragraph (b), or

(b) 31 December 2007, in the case of an adjustment of the description of land in Schedule 4 or of the boundary of land adjoining a public road.

(7) If any of the land described in a relevant Schedule on the commencement of this Act is not included in the adjusted description of the land, the land that is not so included is taken never to have been subject to or affected by this Act or the relevant Schedule (except as provided by subsection (9)).

(8) If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of this Act, the land concerned is taken to have been subject to this Act and the relevant Schedule on the commencement of this Act.

(9) The Director-General of National Parks and Wildlife may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:

(a) any such land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993 or is Crown land, or

(b) any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applicable to the relevant Schedule to this Act in which the land is included.

A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993 .

(10) In this section:
"land adjoining a public road" includes land in the vicinity of a public road.
"national park estate" means:

(a) land reserved under the National Parks and Wildlife Act 1974 , or

(b) land dedicated or set apart as a flora reserve under the Forestry Act 1916 , or

(c) land declared as a special management zone under the Forestry Act 1916 , or

(d) land vested in the Minister administering the National Parks and Wildlife Act 1974 or Her Majesty for the purposes of Part 11 of that Act.

"public road" or "classified road" means a public road or classified road, respectively, within the meaning of the Roads Act 1993 .