Schedule 2 Amendment of National Parks and Wildlife Act 1974

(Section 4)

[1]   Section 151AA

Insert after section 151A:

  

151AA   Leases of land in Kosciuszko National Park ski resort areas

(1)  This section applies to land in a ski resort area, within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979, which areas are within Kosciuszko National Park.

(2)  Before granting a lease of land to which this section applies, the Minister:

(a)  is to refer the proposal to the Council for advice, and

(b)  is to cause notice of the proposal to be published in a newspaper circulating throughout New South Wales and in a newspaper circulating in the locality in which the land is situated, unless the proposal is required to be advertised by another provision of this Act.

(3)  The notice must contain the following:

(a)  sufficient information to identify the land concerned,

(b)  the purposes for which the land and any building or structure on the land are proposed to be used,

(c)  the term of the proposed lease (taking into account any option to renew),

(d)  the name of the person to whom the lease is proposed to be granted,

(e)  the closing date for making submissions on the proposal (being a date not earlier than 28 days after the date on which the notice is first published),

(f)  the address to which submissions are to be sent,

(g)  any other information that the Minister considers relevant to consideration of the proposal, for example, identification of the provisions of any relevant plan of management that authorises the proposed purposes for which the land, and any building or structure concerned, are to be used.

(4)  The Minister may hold a public hearing into any proposed lease of land to which this section applies if the Minister thinks it appropriate to do so.

(5)  Before determining whether or not to grant any such lease, the Minister must take into account:

(a)  any submission received from the Council within 30 days of referral of the proposal to the Council, and

(b)  any submissions received from anyone else before the notified closing date for submissions under subsection (3), and

(c)  if relevant, any report from, or submissions received at, a public inquiry.

[2]   Section 163B Application of certain Acts

Insert at the end of the section:

  

(2)  This section (except to the extent that it relates to anything authorised by or under the Snowy Hydro Corporatisation Act 1997) does not apply to a ski resort area, within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979.

(3)  An order may not be made under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979, or under Chapter 7 of the Local Government Act 1993, that would prevent or hinder the Director-General from or in carrying out any power, authority, duty, function or responsibility conferred or imposed on the Director-General by or under this Act.