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.