New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 12)
(1) Land that:(a) a person holds for an estate in fee simple, or(b) 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 , or(c) is comprised in an incomplete purchase within the meaning of the Crown Lands (Continued Tenures) Act 1989 ,is not reserved or dedicated by the operation of this Act.
(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 for the revocation of State forests, flora reserves, national forests or timber reserves under that Act or the setting apart of flora reserves under that Act.
(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 dedicating, 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 dedicating land under that Act.
(1) The lands reserved as national parks by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by proclamation made under section 33 (2) of that Act. A name assigned to any such national park by this Act is taken to have been assigned to that park by a proclamation referred to in section 36 (a) of the National Parks and Wildlife Act 1974 .
(2) The lands reserved as parts of national parks by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so reserved by proclamation made under section 33 (3) of that Act.
(3) A reference in the National Parks and Wildlife Act 1974 to the publication of a proclamation under section 33 (2) or (3) of that Act is, in relation to a reservation effected by this Act, taken to be a reference to the enactment of this Act.
(4) Section 35 of the National Parks and Wildlife Act 1974 does not apply to a reservation of land as, or as part of, a national park that is effected by this Act.
(1) The lands dedicated as a nature reserve by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so dedicated by proclamation made under section 49 (1) of that Act. A name assigned to any such nature reserve by this Act is taken to have been assigned to that reserve by a proclamation referred to in section 51 (a) of the National Parks and Wildlife Act 1974 .
(2) The lands dedicated as part of a nature reserve by this Act are, for the purposes of the National Parks and Wildlife Act 1974 , taken to have been so dedicated by proclamation made under section 49 (2) of that Act.
(3) A reference in the National Parks and Wildlife Act 1974 , being a reference to, or a reference to be construed as a reference to, the publication of a proclamation under section 49 (1) or (2) of that Act is, in relation to a dedication referred to in Part 2 of this Act, taken to be a reference to the enactment of this Act.
(4) Section 35 of the National Parks and Wildlife Act 1974 , as applied to nature reserves by section 58 (b) of that Act, does not apply to a dedication of land as, or as part of, a nature reserve that is effected by this Act.
(1) The lands reserved as state recreation 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 47B (1) (a) of that Act. A name assigned to any such state recreation area by this Act is taken to have been assigned to that area by a notice referred to in section 47F of the National Parks and Wildlife Act 1974 .
(2) The lands reserved as parts of state recreation 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 47B (1) (b) of that Act.
(3) A reference in the National Parks and Wildlife Act 1974 to the publication of a notice under section 47B of that Act is, in relation to a reservation effected by this Act, taken to be a reference to the enactment of this Act.
(4) Section 47D of the National Parks and Wildlife Act 1974 does not apply to a reservation of land as, or as part of, a state recreation area that is effected by this Act.
Section 42 (2) 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, 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 , affecting lands within a national park.
(1) In this clause, "existing interest" means a lease, licence, permit, authority, authorisation or occupancy current and in force immediately before the commencement of this Act.
(2) The administration of matters relating to existing interests:(a) to the extent that those interests affect any of the lands described in Schedule 1 or 2, or(b) to the extent that those interests affect any of the lands described in Schedule 5 and are preserved by the operation of section 9,is vested in the Minister administering the National Parks and Wildlife Act 1974 .
(3) For the purposes of subclause (2), the Minister administering the National Parks and Wildlife Act 1974 has:(a) in respect of existing interests under the Forestry Act 1916 -the powers of the Minister administering that Act and of the Forestry Commission, and(b) in respect of existing interests under the Crown Lands Act 1989 -the powers of the Minister administering that Act, and(c) in respect of existing interests under the Crown Lands (Continued Tenures) Act 1989 -the powers of the Minister administering that Act.
(4) The amendments made to subclause (3) by the National Parks and Wildlife Amendment Act 2001 are taken to have had effect on and from the commencement of that subclause and anything done on or after that commencement under that subclause that could have been validly done under that subclause as so amended is taken to have been validly done.
(1) In this clause:
"access roads" means the roads, tracks, trails and other means of access referred to in subclause (2) (a)-(c).
"NPW Minister" means the Minister administering the National Parks and Wildlife Act 1974 .
"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 referred to in Schedule 1 or 2 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 recreation area or dedicated as, or as part of, a nature reserve by the operation of 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 by the operation of this clause.
(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 30 June 2001, 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 landholding 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 or state recreation area or dedication as part of a nature reserve, or(b) are not so excluded and are reserved as part of the national park or state recreation area or dedicated as part of the nature reserve 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 or state recreation area or dedication as part of a nature reserve 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 recreation area or dedicated as part of the nature reserve 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 Minister administering the National Parks and Wildlife Act 1974 for the purposes of Part 11 of that Act 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 the operation of section 9, taken to be Crown lands reserved from sale for the purpose of any application by the holder of the lease to purchase the land comprised in the lease.
The lands set apart as, or as part of, a flora reserve under this Act are, for the purposes of the Forestry Act 1916 , taken to have been set apart by notice under section 25A of that Act. A name assigned to any such flora reserve by this Act is taken to have been assigned to that flora reserve by a notice under that section.
(1) The reserve trust established by section 8, and appointed as trustee under section 8, is taken to have been established and named, and appointed as trustee, under section 92 of the Crown Lands Act 1989 .
(2) The appointment by section 8 of the Director-General of National Parks and Wildlife to manage the affairs of the reserve trust is taken to have been made under section 95 of the Crown Lands Act 1989 .
(3) The following provisions apply to access roads referred to in clause 8 (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) the reserve trust may not close any such access road while it comprises the only practical means of access to a land holding in private ownership (within the meaning of clause 8),(c) the reserve trust may, in accordance with the Crown Lands Act 1989 , grant any right over, or interest in, the land for the purpose of its continued use as an access road.
A revocation effected by this Act does not affect anything done or omitted to be done before the commencement of this Act.
(1) In this clause:
"relevant acquiring authority" means any person or body that is authorised to acquire land for the purposes of a sewage treatment facility by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .
"the Principal Act" means the National Parks and Wildlife Act 1974 .
(2) A relevant acquiring authority may acquire, by compulsory process, land for the purposes of a sewage treatment facility, comprising either or both of the following:(a) an area (not exceeding 6 hectares) within Conjola National Park that adjoins Red Head Road (also known as Bendalong Road),(b) an area (not exceeding 6 hectares) within Kangaroo River Nature Reserve that adjoins Bendeela Road.
(3) The Director-General of National Parks and Wildlife may authorise a relevant acquiring authority to conduct surveys and investigations of an area of land referred to in subclause (2) for the purposes of determining the location of a sewage treatment facility.
(4) Land cannot be acquired under this clause unless the acquisition is approved by the Minister administering the Principal Act.
(5) The acquisition of an area of land in accordance with this clause operates to revoke the reservation or dedication of that area of land under the Principal Act as national park or nature reserve.
(6) This section has effect despite anything to the contrary in the Principal Act.
(7) Land may only be acquired under this clause before 31 December 2010.
(1) In this clause:
"relevant acquiring authority" means any person or body that is authorised to acquire land for the purposes of a road in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .
"the Principal Act" means the National Parks and Wildlife Act 1974 .
(2) A relevant acquiring authority may acquire, by compulsory process, land for the purposes of widening or re-aligning Naval College Road in Jervis Bay National Park, comprising any part of the area identified as 90-01 on the diagram catalogued Misc R 00087 in the New South Wales National Parks and Wildlife Service.
(3) The Director-General of National Parks and Wildlife may authorise a relevant acquiring authority to conduct surveys and investigations of an area of land referred to in subclause (2) for the purposes of determining the location of any addition to or re-alignment of Naval College Road.
(4) Land cannot be acquired under this clause unless the acquisition is approved by the Minister administering the Principal Act.
(5) The acquisition of an area of land in accordance with this clause operates to revoke the reservation of that area of land under the Principal Act as national park.
(6) This section has effect despite anything to the contrary in the Principal Act.
(7) Land may only be acquired under this clause before 31 December 2010.
(1) This clause has effect for the purposes of section 11 (2).
(2) A reserve trust is taken to be established under Part 5 of the Crown Lands Act 1989 , with the name “Burrinjuck Waters State Park Trust”, in respect of the land dedicated for the purposes of public recreation under that Part by section 11 (2) (b) of this Act.
(3) A SRA trust under Division 1A of Part 4 of the National Parks and Wildlife Act 1974 that is trustee of lands to which section 11 (2) of this Act applies is dissolved.
(4) On the dissolution of the SRA trust, any assets, rights or liabilities of that trust become the assets, rights and liabilities of the reserve trust established by subclause (2).
Clauses 4 and 5 of Schedule 9A to the National Parks and Wildlife Act 1974 apply to any such transfer of assets, rights and liabilities as if it were a transfer to which those clauses apply.
(5) If any question arises as to the operation of subclause (4) with respect to any particular asset, right or liability, the question may be referred to the Ministers administering the Crown Lands Act 1989 and the National Parks and Wildlife Act 1974 . A determination of the question by those Ministers is conclusive.
(6) Section 47N of the National Parks and Wildlife Act 1974 ceases to apply to the land to which section 11 (2) of this Act applies.
Crown land that is the subject of a claim duly made under Division 2 of Part 6 of the Aboriginal Land Rights Act 1983 before 14 April 2000, being a claim that has not been determined before the commencement of this Act, is not reserved or dedicated by the operation of this Act.