New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 11)
(1) The following land is not reserved by this Act:(a) land that a person holds 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 ,(c) land that is comprised in an incomplete purchase within the meaning of the Crown Lands (Continued Tenures) Act 1989 .
(2) Land that a person holds for an estate in fee simple is not vested in the Crown as Crown land, and made subject to the Crown Lands Act 1989 , by this Act.
(3) 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 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.
(1) The lands reserved as, or as parts of, national parks 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 Division 1 of Part 4 of that Act.
(2) A reference in the National Parks and Wildlife Act 1974 to the publication of a notice under Division 1 of Part 4 of that Act is, in relation to a reservation of any of the lands described in Schedule 1 that is effected by this Act, taken to be a reference to the enactment of this Act.
(3) A name assigned to any national park or state conservation area by this Act is taken to have been assigned to that land by notice published under Division 1 of Part 4 of the National Parks and Wildlife Act 1974 .
(4) Sections 35 and 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 or state conservation area that is effected by this Act.
Section 42 (2) (including section 42 (2) as applied by section 47K) of the National Parks and Wildlife Act 1974 applies 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 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 it applies to a licence or permit under the Forestry Act 1916 .
(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 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 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 March 2006, 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.
(6) The NPW Minister may from time to time revoke or vary the grant of a right of way under subclause (5).
(7) Before 31 December 2009, 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 or state conservation area, or(b) are not so excluded and are reserved as part of the national park 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 .
(8) On the publication of an order under subclause (7):(a) the access roads that are referred to in the order as excluded from reservation as part of a national park 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 or state conservation area within which they are situated.
(9) 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.
(10) 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.
(11) 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 7, 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.
(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 the Department of Environment and Conservation 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 administration of matters relating to perpetual leases (within the meaning of the Crown Lands (Continued Tenures) Act 1989 ) affecting any of the lands described in Schedule 3 and preserved by section 7, is vested in the 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 .
(1) In this clause, "existing interest" means a lease, licence, permit, occupancy, authority or authorisation under the Forestry Act 1916 :(a) affecting any of the land described in Schedule 4 that is vested in the Crown as Crown land and subject to the Crown Lands Act 1989 by the operation of this Act, and(b) current and in force immediately before the commencement of this Act.
(2) An existing interest continues in force under the Forestry Act 1916 until the existing interest is cancelled, surrendered or expires (whichever occurs first) and the Forestry Act 1916 continues to apply in respect of the existing interest until it is cancelled, surrendered or expires.
(3) The administration of existing interests is vested in the Minister administering the Crown Lands Act 1989 .
(4) For the purposes of subclause (3), the Minister administering the Crown Lands Act 1989 has the powers of the Minister administering the Forestry Act 1916 and the Forestry Commission.
(5) Subclauses (3) and (4) do not affect any functions, powers or duties that may be exercised in relation to Crown land under the Forestry Act 1916 by the Minister administering that Act or the Forestry Commission.
Note: The Forestry Act 1916 provides for certain authorities to be granted, and subsequently dealt with, in relation to Crown land, including Crown-timber lands that are not State forests.
(1) The following provisions apply to access roads referred to in clause 5 (2) (a)-(c) within the lands referred to in Schedule 4 immediately before the commencement of this Act:(a) the access roads may continue, subject to this clause and the Crown Lands Act 1989 , to be used for the purposes for which they were used immediately before the commencement of this Act,(b) any such access road must not be closed while it comprises the only practical means of access to a private land holding (within the meaning of clause 5) that is within private ownership,(c) a right over, or interest in, the land may be granted, in accordance with the Crown Lands Act 1989 , for the purpose of its continued use as an access road.
(2) Before 31 March 2006, the Minister administering the Crown Lands Act 1989 must, under section 34 of the Crown Lands Act 1989 , 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.
(3) The Minister administering the Crown Lands Act 1989 may from time to time revoke or vary the grant of a right of way under subclause (2).
(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 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 revocation takes effect.