New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 12)
(1) The following land is not reserved or dedicated by this Act:(a) land that a person holds for an estate in fee simple, other than land that immediately before the commencement of this Act was vested in the NPW Minister or Her Majesty for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple,(b) land that a person holds under a perpetual lease, a special lease or a term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 , other than land that immediately before the commencement of this Act was held under such a lease by the NPW Minister or Her Majesty for the purposes of Part 11 of the National Parks and Wildlife Act 1974 ,(c) land that is comprised in an incomplete purchase within the meaning of the Crown Lands (Continued Tenures) Act 1989 .
(2) This clause has effect despite any other provision of this Act.
(1) This Act has effect despite the provisions of the Forestry Act 1916 and, in particular, despite any different procedure under that Act for the following:(a) the revocation of State forests, special management zones, flora reserves, national forests or timber reserves,(b) the declaration of special management zones.
(2) This Act has effect despite the provisions of the National Parks and Wildlife Act 1974 and, in particular, despite any different procedure for reserving, or for vesting, land under that Act.
(3) This Act has effect despite the provisions of the Crown Lands Act 1989 and, in particular, despite any different procedure for revoking the dedication or reservation of land under that Act.
(1) The lands reserved as, or as parts of, national parks, nature reserves or state conservation areas by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by notice published under section 30A (1) of that Act.
(2) A reference in the National Parks and Wildlife Act 1974 to section 30A (1) of that Act is, in relation to a reservation effected by this Act, taken to be a reference to the enactment of this Act.
(3) A name assigned to any national park, nature reserve or state conservation area by this Act is taken to have been assigned to that land by a notice referred to in section 30A (2) of the National Parks and Wildlife Act 1974 .
(4) Section 35 (including section 35 as applied by section 58) and section 47D of the National Parks and Wildlife Act 1974 do not apply to a reservation of land as, or as part of, a national park, nature reserve or state conservation area that is effected by this Act.
Section 42 (2) (including section 42 (2) as applied by section 47K and section 64) and section 55 (2) of the National Parks and Wildlife Act 1974 apply to and in respect of a lease under the Forestry Act 1916 , being a lease:
(a) affecting any of the lands described in Schedule 1 that are reserved as, or as parts of, national parks, nature reserves or state conservation areas by this Act, and
(b) current and in force immediately before the commencement of this Act,in the same way as they apply to a licence or permit under the Forestry Act 1916 .
Section 109 of the Crown Lands Act 1989 does not apply to or in respect of a lease or licence granted by a reserve trust under that Act, being a lease or licence:
(a) affecting any of the lands described in Schedule 2 that are reserved under the National Parks and Wildlife Act 1974 by this Act, and
(b) current and in force immediately before the commencement of this Act.
(1) The administration of matters relating to existing interests affecting any of the lands described in Schedule 4 and preserved by section 8, is vested in NPW Minister.
(2) For the purposes of subclause (1), the NPW Minister has the powers of the Minister administering the Crown Lands (Continued Tenures) Act 1989 .
(3) In this clause, "existing interest" means a perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 (or rights or interests arising under an incomplete purchase within the meaning of that Act).
(1) In this clause:
"access roads" means the roads, tracks, trails and other means of access referred to in subclause (2) (a)-(c).
"private land holding" means land held:(a) by an owner within the meaning of the National Parks and Wildlife Act 1974 , or(b) as a holding within the meaning of the Crown Lands Act 1989 .
(2) This clause applies to and in respect of the following access roads situated within the lands described in Schedule 1, 2 or 6 immediately before the commencement of this Act:(a) roads of access within the meaning of section 33A of the Forestry Act 1916 ,(b) roads, tracks, trails and other means of access used, immediately before the commencement of this Act, for access to private land holdings within those lands,(c) roads, tracks, trails and other means of access through those lands to State forests or private land holdings that adjoin or are in the vicinity of the lands.
(3) The access roads to which this clause applies are not, on the commencement of this Act, reserved as, or as part of, a national park, nature reserve or state conservation area by this Act but vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:(a) all trusts, obligations, estates, interests, rights of way or other easements, and(b) any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.
(4) The access roads may continue, subject to this clause, to be used for the purposes for which they were used immediately before the commencement of this Act.
(5) Before 31 December 2003, the NPW Minister must, under section 149 of the National Parks and Wildlife Act 1974 , grant a right of way over an access road to which this clause applies for the benefit of a private land holding in order to replace any right of way duly granted under section 20A of the Forestry Act 1916 for the benefit of that land holding and in force immediately before the commencement of this Act. The NPW Minister may from time to time revoke or vary the grant of a right of way under this subclause.
(6) Before 31 December 2007, the NPW Minister must, by one or more orders published in the Gazette, declare which of the access roads to which this clause applies:(a) are excluded from reservation as part of a national park, nature reserve or state conservation area, or(b) are not so excluded and are reserved as part of the national park, nature reserve or state conservation area in which they are situated.An order under this subclause may be published only with the concurrence of the Minister administering the Forestry Act 1916 .
(7) On the publication of an order under subclause (6):(a) the access roads that are referred to in the order as excluded from reservation as part of a national park, nature reserve or state conservation area remain vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 and may, subject to this clause, continue to be used for the purposes for which they were used immediately before the commencement of this Act, and(b) the access roads that are not so excluded are reserved as part of the national park, nature reserve or state conservation area within which they are situated.
(8) Nothing in this clause affects the exercise of any power, authority, duty or function by the NPW Minister or any other person under and in accordance with the National Parks and Wildlife Act 1974 in relation to any access road to which this clause applies.
(9) While a private land holding is in private ownership, nothing in this clause authorises the NPW Minister to close any access road that comprises the only practical means of access to the land holding.
(10) This clause has effect despite the provisions of the Forestry Act 1916 .
(1) Any land that is vested by this Act in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 is taken to have been acquired by that Minister under that Part, and may be dealt with by that Minister as if it had been so acquired.
(2) Any such land is, to the extent that it relates to land subject to a lease preserved by section 8, taken to be Crown land reserved from sale for the purpose of any application by the holder of the lease to purchase the land comprised in the lease.
(1) This clause applies to and in respect of land vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 by this Act or by the National Park Estate (Southern Region Reservations) Act 2000 .
(2) For the avoidance of doubt, the purposes for which the NPW Minister’s powers under section 149 of the National Parks and Wildlife Act 1974 may be exercised in respect of land to which this clause applies include enabling an activity to continue to be carried out that was carried out on the land before it was so vested.
(3) The Director-General of National Parks and Wildlife may authorise the use of relevant access roads for the purpose of enabling any lawful activity to be carried out on the land to which this clause applies.
(4) In this clause, "relevant access roads" means roads, tracks, trails and other means of access through any land reserved under the National Parks and Wildlife Act 1974 to land to which this clause applies.
(1) The lands declared as special management zones by this Act are, for the purposes of the Forestry Act 1916 , taken to have been declared by notice under section 21A of that Act.
(2) A name and number assigned to any such special management zone by this Act is taken to have been assigned to that special management zone under the Forestry Act 1916 .
(3) A reference in the Forestry Act 1916 to the publication of a notice under section 21A of that Act is, in relation to a declaration effected by this Act, taken to be a reference to the enactment of this Act.
A revocation effected by this Act does not affect anything done or omitted to be done before the commencement of this Act.
(1) Crown land that is the subject of a claim duly made under Division 2 of Part 2 of the Aboriginal Land Rights Act 1983 on or before 1 November 2002, being a claim that has not been determined before the commencement of this Act, is not reserved, dedicated or vested by this Act.
(2) Subclause (1) does not apply to any land described in Schedule 5 that is transferred to a Local Aboriginal Land Council pursuant to section 9 of this Act.