Part 2 The Community Conservation Area
Division 1 Zone 1—Conservation and recreation
5 Reservation of former State forests as national park
The lands described in Part 1 of Schedule 1 are reserved under the National Parks and Wildlife Act 1974 as national park.
6 Reservation of Crown land as national park
The lands described in Part 2 of Schedule 1 are reserved under the National Parks and Wildlife Act 1974 as national park.
7 Reservation of NPW Minister land as national park
The lands described in Part 3 of Schedule 1 are reserved under the National Parks and Wildlife Act 1974 as national park.
Division 2 Zone 2—Conservation and Aboriginal culture
8 Reservation of former State forest as Aboriginal area
The lands described in Part 1 of Schedule 2 are reserved under the National Parks and Wildlife Act 1974 as Aboriginal area.
Division 3 Zone 3—Conservation, recreation and mineral extraction
9 Reservation of former State forest as state conservation area
(1) The lands described in Part 1 of Schedule 3 are reserved under the National Parks and Wildlife Act 1974 as state conservation area.
10 Reservation of Crown land as state conservation area
The lands described in Part 2 of Schedule 3 are reserved under the National Parks and Wildlife Act 1974 as state conservation area.
Division 4 Zone 4—Forestry, recreation and mineral extraction
Schedule 4 describes land within areas of State forests that is within Zone 4.
Division 5 Vesting in NPW Minister and other reservations
12 Vesting in NPW Minister of certain former State forests
(1) The lands described in Schedule 5 vest in the Minister administering the National Parks and Wildlife Act 1974 on behalf of the Crown for the purposes of Part 11 of that Act 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.(2) Despite subsection (1), lands described in Schedule 5 are not freed and discharged from any perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 (or from rights or interests arising under an incomplete purchase within the meaning of that Act) to which the lands were subject immediately before their vesting under this section.(3) Divisions 1–3 do not apply to land described in Part 1 of Schedules 1–3 (or in Schedule 6) that is also described in Schedule 5.
13 Reservation of former State forests as part of existing national parks
The lands described in Schedule 6 are reserved under the National Parks and Wildlife Act 1974 as part of national parks (as indicated in that Schedule).
14 Reservation of Crown land as part of existing national parks or nature reserves
The lands described in Schedule 7 are reserved under the National Parks and Wildlife Act 1974 as part of national parks or nature reserves (as indicated in that Schedule).
15 Reservation of NPW Minister land as part of existing or new national park or nature reserve
The lands described in Schedule 8 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks or nature reserves (as indicated in that Schedule).
16 Future additions to zones of Community Conservation Area
(1) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 1, 2, 3 or 4 to add descriptions of land in the Community Conservation Area to:(a) Part 4 of Schedule 1, or(b) Part 2 of Schedule 2, or(c) Part 3 of Schedule 3, or(d) Schedule 4.(2) Land may only be added to Schedule 1, 2 or 3 if:(a) it is the whole or any part of land reserved under Part 4 of the National Parks and Wildlife Act 1974, or(b) it is land vested in Her Majesty, or the Minister administering the National Parks and Wildlife Act 1974 on behalf of the Crown, for the purposes of Part 11 of that Act.(3) Land may only be added to Schedule 4 if it is the whole or any part of State forest.(4) Land (or part of land) described in Schedule 3 may be omitted from Schedule 3 by a proclamation under this section that adds that land (or part) to Part 4 of Schedule 1 following its reservation as national park under section 47MA of the National Parks and Wildlife Act 1974.
17 Land ceasing to be in zone of Community Conservation Area
(1) Land in Zone 1, 2 or 3 ceases to be in that zone if its reservation as national park, Aboriginal area or state conservation area is revoked by or under an Act of Parliament. This subsection is subject to section 16 (4).(2) Land in Zone 4 ceases to be in that zone if it ceases to be State forest.
18 Community Conservation Area not to be declared wilderness areas
Land in Zone 1, 2, 3 or 4 is not eligible to be identified or proposed for identification, or declared, as a wilderness area under the Wilderness Act 1987 or the National Parks and Wildlife Act 1974.
19 Zone 1, 2 or 3 land not eligible for nomination as Schedule 14 land under NPW Act
Land in Zone 1, 2 or 3 is not eligible to be proposed under section 71AS of the National Parks and Wildlife Act 1974 for listing in Schedule 14 to that Act.
20 Revocation of State forests (and any flora reserves, national forests or special management zones)
(1) The dedication as State forest of the following lands is revoked:(a) lands described in Part 1 of Schedule 1,(b) lands described in Part 1 of Schedule 2,(c) lands described in Part 1 of Schedule 3,(d) lands described in Schedule 5,(e) lands described in Schedule 6.(2) Any notices under section 25A of the Forestry Act 1916 that set apart, as flora reserves, areas of State forests whose dedication is revoked by subsection (1) are also revoked, but only to the extent to which they relate to flora reserves or parts of flora reserves situated within the lands referred to in that subsection.(3) Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to special management zones or parts of special management zones situated within the lands referred to in that subsection.(4) Any notifications under section 19A of the Forestry Act 1916 that declare, as national forests, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to national forests or parts of national forests situated within the lands referred to in that subsection.
21 Revocation of timber reserves
Any timber reserves (within the meaning of the Forestry Act 1916) with respect to land described in Part 2 of Schedule 1, Part 2 of Schedule 3 or Schedule 7 are revoked by this Act, but only to the extent to which they relate to timber reserves or parts of timber reserves situated within that land.
22 Adjustment of description of transferred land
(1) The description of any land described in the following Schedules (a relevant Schedule) may be adjusted in accordance with this section:(a) Parts 1–3 of Schedule 1,(b) Part 1 of Schedule 2,(c) Parts 1 and 2 of Schedule 3,(d) Schedules 4–8.(2) A description of land may be adjusted from time to time:(a) to alter the boundaries of the land for the purposes of the effective management of the land, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or(b) to adjust the boundary of any land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the road, or(c) to include, remove or change a description of any easement or restriction to which the land is subject, or(d) to provide a more detailed description of the boundaries of the land.(3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment and Conservation by a notice published on the NSW legislation website that amends a relevant Schedule.(4) A notice under this section may only be published with the approval of:(a) the Minister administering the National Parks and Wildlife Act 1974, and(b) the Minister administering the Forestry Act 1916, and(c) to the extent that the notice applies to any Crown land reserved for use as a road—the Minister administering the Crown Lands Act 1989, and(d) to the extent that the notice applies to a classified road—the Minister administering the provisions of the Roads Act 1993 relating to classified roads.(5) The Director-General of the Department of Environment and Conservation is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of the land reserved under the National Parks and Wildlife Act 1974 or as State forest.(6) An adjustment of the description of land may only be made before:(a) 31 December 2005, except as provided by paragraph (b), or(b) 31 December 2011, in the case of an adjustment of the description of the boundary of land adjoining a public road.(7) If any of the land described in a relevant Schedule on the commencement of this Act is not included in the adjusted description of the land, the land that is not so included is taken never to have been subject to or affected by the provisions of this Act applying to land described in the relevant Schedule.(8) If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of this Act, the land concerned is taken to have been subject, on and from the commencement of this Act, to the provisions of this Act applying to land described in the relevant Schedule.(9) The Director-General of the Department of Environment and Conservation may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:(a) any such land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993 or is Crown land, or(b) any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applying to land described in the relevant Schedule in which the land is included.A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993.
(9A) This section extends to land included in Schedule 1, 2 or 3 by the National Park Estate (South-Western Cypress Reservations) Act 2010. For that purpose, an adjustment may be made under this section at any time before 1 January 2014.(10) In this section:classified road and public road have the same meanings as in the Roads Act 1993.
land adjoining a public road includes land in the vicinity of a public road.
22A Review of classification as Zone 3
(1) This section applies to land within Zone 3 of the Community Conservation Area that was reserved by the National Park Estate (South-Western Cypress Reservations) Act 2010.(2) The Director-General of the Department of Environment, Climate Change and Water and the Director-General of the Department of Industry and Investment are required to conduct a joint review, before 1 January 2012, of the status of the land to which this section applies.(3) The review is to determine which areas of the land should remain as Zone 3 and which areas of the land should be reserved as Zone 1, having regard to evidence of the mineral values of the land. The determination (and the reasons for the determination) are required to be publicly notified by those Directors-General.(4) On 1 January 2012, the land to which this section applies (other than any land which it is determined under subsection (3) should remain as Zone 3) is taken to be reserved as Zone 1 under this Act (and the reservation of the land as Zone 3 is revoked).(5) A determination under this section may apply to part only of a particular description of land within Zone 3.(6) The Director-General of the Department of Environment, Climate Change and Water may, by notice published on the NSW legislation website, amend Schedules 1 and 3 to give effect to subsection (4) and to make any necessary consequential changes.
23 Land transfers—ancillary and special provisions
Schedule 9 has effect.