Division 2In this Division:joint sponsors means the Director-General of the Department of Environment and Climate Change and the SCA.
Ministers means the Minister and the Minister for the Environment.
public agency means the Governor, a Minister, or a public authority.
(1) The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare an area of land specified in the order to be a special area.Editorial note. For orders under sec 44 (1) see Gazette No 92 of 25.7.2008, p 7326.(2) The Minister may not recommend the making of such an order unless the Minister certifies that the Minister is satisfied that the making of the order is necessary for either or both of the following purposes:(a) protecting the quality of stored waters, whether intended for use for drinking or other purposes,(b) maintaining the ecological integrity of an area of land to be declared to be a special area in a manner that is consistent with the SCA’s objectives.(3) The Minister must cause a copy of an order made under this section, including an order amending an order, to be tabled in each House of Parliament within 14 sitting days of that House after the order has been published in the Gazette.(4) A special area must not be reduced in size, and an order declaring an area of land to be a special area must not be repealed, unless authorised by an Act of Parliament.(5) The area of land at Warragamba declared to be a special area by the order published in Gazette No 122 of 4 September 1942 at page 2499, and amended by orders published in Gazette No 1 of 7 January 1944 at page 1 and Gazette No 77 of 4 August 1944 at page 1365, is reduced in size by the excision from that area of the land shown hatched as the area for deproclamation on Map 687_1.5 entitled “Area outside of Warragamba Catchment for Deproclamation”, a copy of which is deposited in the head office of the SCA.(6) The Governor may, on the recommendation of the Minister, by order published in the Gazette, declare that any previous order specified in Schedule 7 is repealed on the date specified in the later order.
45 Restriction on alienation of land in special areas
(1) The SCA must not alienate, mortgage, charge or demise land in a special area that is owned by or vested in the SCA unless:(a) to or in favour of the Minister administering the National Parks and Wildlife Act 1974 (at no cost to that Minister), or(b) authorised by an Act of Parliament.(2) As soon as practicable after the commencement of this section, the Minister is to review all the land referred to in clause 5 (1) of Schedule 6 that is owned by or vested in the SCA.(3) If, as a result of the review, the Minister determines that the objectives of the SCA would be more effectively attained if the land concerned were vested in the Minister administering the National Parks and Wildlife Act 1974, the SCA is to transfer the land under subsection (1) (a) as soon as practicable after the determination is made.(4) Nothing in subsection (1) operates:(a) to extinguish or otherwise affect any existing lease or other interest in the land in a special area, or(b) to prevent the renewal of any such lease or other interest, or(c) to prevent the grant of a lease or other interest in the land in accordance with any plan of management prepared in relation to the land under this Act.
46 Crown land in special areas
(1) Action may not be taken under the Crown Lands Act 1989 in relation to land in a special area unless the SCA has given written approval and any conditions to which the approval is subject are complied with.(2) The SCA may, in a special area, exercise the functions of a person or body appointed to manage the affairs of a reserve trust under Part 5 of the Crown Lands Act 1989 without being appointed as such.
47 Exercise of functions by public agencies in special areas
(1) A public agency may not, in relation to land within a special area, exercise functions other than functions under this Act unless notice is first given to the SCA.(2) On receiving a notice referred to in this section, the SCA may make such representations to the public agency as the SCA thinks fit.(3) A public agency may not exercise functions contrary to any such representations unless, before the exercise of the functions, not less than 28 days’ notice has been given to the SCA of the functions intended to be exercised.(4) If a public agency has functions with regard to a development application or an application for a complying development certificate relating to land within a special area to which an environmental planning instrument applies, the forwarding of the application or a copy of it to the SCA, whether by the public agency or the applicant, is taken also to be the giving of notice for the purposes of this section.(5) This section does not apply to a public agency’s functions with regard to the making of an environmental planning instrument in relation to land within a special area.(6) This section does not apply to a public agency’s functions with regard to a development application, if an environmental planning instrument applying in the special area prevents the development application from being determined by the granting of consent without the concurrence of the SCA.
48 Regulations concerning special areas
(1) The regulations may make provision for or with respect to special areas, including charges or payments for abstraction of water and the regulation or prohibition of abstracting, using, polluting or contaminating waters or polluting or contaminating land within such areas.(2) A regulation made under this Division prevails to the extent of any inconsistency with an instrument made under another Act, other than a SEPP under the Environmental Planning and Assessment Act 1979.
(1) The joint sponsors are jointly required to cause a plan of management to be prepared for each special area as soon as practicable after it has been declared to be a special area.(2) When a plan of management has been prepared, the joint sponsors must give notice of the plan in a newspaper circulating throughout New South Wales and must, in that notice:(a) specify the address of the place at which copies of the plan of management may be inspected, and(b) specify the address to which representations concerning the plan of management may be forwarded.(3) Any person may, within 30 days or such longer period as may be specified in the notice, make representations to the joint sponsors concerning the plan of management.(4) The joint sponsors must, on the expiration of the period referred to in subsection (3), and before submitting the plan of management to the Ministers, consider any representations made under this section.(5) The Ministers may adopt a plan of management without alteration or with such alterations as the Ministers think fit or may refer it back to the joint sponsors for further consideration.(6) If the Ministers refer a plan of management back for further consideration, the joint sponsors must resubmit it after considering it further and making any appropriate alterations.(7) The Ministers may:(a) amend or alter a plan of management from time to time, or(b) cancel a plan of management, or(c) cancel a plan of management and substitute a new plan.(8) Before doing any of the things referred to in subsection (7), the Ministers may consult with any person or body (including persons or bodies other than the joint sponsors) that the Ministers think fit.(9) Subsections (2)–(4) apply to an amendment or alteration of a plan of management in the same way as they apply to a plan of management.
50 Operations under plan of management
(1) A plan of management adopted under this Act for a special area must be carried out and given effect to by the joint sponsors.(2) Subject to the requirements of any other Act or any instrument under any other Act, no operations are to be undertaken by the joint sponsors in relation to the lands within the special area unless the operations are in accordance with the plan.(3) The joint sponsors (together or individually) may engage such contractors (including government agencies) as may be necessary or convenient to assist them in carrying out and giving effect to the plan.