1 Name of Act
2 Commencement
2A Objects of Act
3 Act binds Crown
4 Repeals, amendments, savings, transitional and other provisions
5 Definitions
5A Notes in text
Division 1 National Parks and Wildlife Service
6 The Service
7 Functions of Director-General relating to reservation of land
8 Miscellaneous functions of Director-General
9 Audit and compliance
10 Officers and employees
11 Use of services of personnel of public authorities
12 Powers and functions of Service
13–15 (Repealed)
Division 3 Ex-officio and honorary rangers
16 Ex-officio rangers
17 Honorary rangers
18 Removal or suspension of ex-officio and honorary rangers
19 Powers and functions of ex-officio rangers
20 Powers and functions of honorary rangers
21 Delegation
Division 1 National Parks and Wildlife Advisory Council
22 The Council
23 Functions and duties of Council
Division 2 Advisory committees
24 Constitution of advisory committees
25 Functions of advisory committees
26 Dissolution of advisory committees
Division 3 Aboriginal Cultural Heritage Advisory Committee
27 Aboriginal Cultural Heritage Advisory Committee
28 Functions of Committee
29, 30 (Repealed)
Division 1 Reservation of land
30A Governor may reserve certain land
30B Land that may be reserved under this Division
30C Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area
30D Limitation on reservation of land as state conservation area
Division 2 Management principles
30E National parks
30F Historic sites
30G State conservation areas
30H Regional parks
30I Karst conservation reserves
30J Nature reserves
30K Aboriginal areas
Division 3 National parks and historic sites
31 Care, control and management of parks and sites
32 (Repealed)
33 Reservation of parks and sites
34 (Repealed)
35 Tabling of notice of reservation, and disallowance
36 (Repealed)
37 Revocation or compulsory acquisition of park or site
38 Limitation on use of name “national park”
39 Existing interests
40 Restrictions on disposal of or dealing with lands within parks or sites
41 Mining
42 Application of Forestry Act 1916
43 Application of Soil Conservation Act 1938
44 Application of Fisheries Management Act 1994
45 Provisions respecting animals in parks and sites
46 Transfer of rights, liabilities and property
47 (Repealed)
Division 4 State conservation areas
47A Definition
47B Reservation of state conservation areas
47BA (Repealed)
47C Care, control and management of state conservation areas reserved under Part 4A
47D Tabling of notification of reservation, and disallowance
47E, 47F (Repealed)
47G Limitation on use of expression “state conservation area”
47GA State conservation area trusts for certain state conservation areas
47GB State conservation area trust boards
47GC Power to grant leases and licences and to purchase land
47GD Reports by state conservation area trusts
47GE Inspection of state conservation area trust
47GF Removal of trust board members and appointment of administrator
47GG Dissolution of state conservation area trusts
47H Existing interests
47I Restrictions on dealing with land in state conservation areas
47J Provisions relating to mining
47K Application of certain other provisions
47L Revocation or compulsory acquisition of state conservation areas
47M Review of classification as state conservation area
47MA Reservation of land in state conservation area as national park or nature reserve
47N Special provisions relating to certain state recreation areas
47O Reservation of regional parks
47OA Care, control and management of regional parks reserved under Part 4A
47P Name of regional park and limitation on use of term “regional park”
47Q (Repealed)
47R Tabling of notice of reservation, and disallowance
47S Regional park trusts
47T Regional park trust boards
47U Power to grant leases and licences and to purchase land
47V Reports
47W Inspection and audit
47X Removal of trust board members or local council and appointment of administrator
47Y Dissolution of regional park trusts and revocation of nomination of local councils
47Z Restrictions on dealing with land within regional parks
47ZA Application of certain provisions to regional parks
47ZB Revocation of regional park
48 Care, control and management of nature reserves
49 Reservation of nature reserves
50, 51 (Repealed)
52 Revocation or compulsory acquisition of nature reserve
53 Restrictions on disposal of or dealing with lands within nature reserves
54 Mining
55 Application of Forestry Act 1916
56 Provisions respecting animals in nature reserves
57 Restrictions as to timber, vegetation, plants etc in nature reserves
58 Application of certain provisions to nature reserves
58A–58J (Repealed)
Division 7 Karst conservation reserves
58K Reservation of karst conservation reserves
58L (Repealed)
58M Revocation or compulsory acquisition of karst conservation reserve
58N Restriction on disposal of or dealing with lands within karst conservation reserves
58O Mining
58P Application of Forestry Act 1916
58Q Provisions respecting animals in karst conservation reserves
58R Restrictions as to timber, vegetation, plants etc in karst conservation reserves
58S Application of certain provisions to karst conservation reserves
Division 8 Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves
58T Definitions
58U Reservation of lands as Abercrombie, Jenolan and Wombeyan Karst Conservation Reserves
58V Establishment of Jenolan Caves Reserve Trust
58W Functions of Trust
58X Funds of Trust
58Y Staff of Trust
58Z Committees
58ZA Jenolan Caves Reserve Trust Board
58ZB Power to grant leases, licences and easements and to purchase land
58ZC Reports by Trust
58ZD Inspection of Trust
58ZE Removal of Trust Board members and appointment of administrator
59, 60 (Repealed)
61 Declaration of wild rivers
61A Effect of declaration of wild river
62 Reservation of Aboriginal areas
63 Care, control and management of Aboriginal areas
64 Mining
Division 5 Protected archaeological areas
65 Declaration of protected archaeological areas
66 Control of protected archaeological areas
67 (Repealed)
68 Wildlife refuges
69 Wildlife management areas
Division 12 Conservation agreements
69A Definitions
69B Conservation agreements
69C Purpose and content of agreements
69D Duration and variation of agreements
69E Agreements to run with land
69F Registration of agreements
69G Enforcement of agreements
69H Register of agreements
69I Proposals by statutory authorities affecting conservation areas
69J Resolution of certain disputes
69K Exhibition of proposed agreements
69KA Application of Environmental Planning and Assessment Act 1979
70 Fauna in wildlife districts, wildlife refuges and other areas
71 Native plants in wildlife refuges, wildlife management areas, conservation areas and certain wilderness areas
71B Definitions
71C Purpose of Part
71D Recognition of cultural significance of certain lands to Aboriginals
Division 2 Negotiations for lease
71E Application of Division
71F Purpose of negotiations
71G Selection of representatives for negotiations before Aboriginal owners identified
71H Selection of representatives for negotiations after Aboriginal owners identified
71I Role of Aboriginal negotiating panel
71J Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
71K Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
71L Preference to vesting in Local Aboriginal Land Council—Schedule 14 lands
Division 3 Vesting and reservation of Schedule 14 lands
71M Application of Division
71N Tabling of proposal if change of land classification involved
71O Vesting and reservation of Schedule 14 lands
71P Effect of publication of proclamation
71Q Certain other consequences of publication of proclamation
71R Certain provisions not to apply to lands reserved under this Division
71S Application of certain provisions to lands reserved under this Division
71T (Repealed)
71U Name of Schedule 14 lands
71V No consideration payable by Aboriginal Land Council on vesting of lands
71W Reservation of part only of Schedule 14 lands
Division 4 Reservation or dedication of ALR Act lands
71X Application of Division
71Y Reservation of ALR Act lands
71Z Effect of publication of notice
71AA Certain other consequences of publication of proclamation
71AB Applications of certain provisions to ALR Act lands
Division 5 Provisions as to leases
71AC Application of Division
71AD Matters to be covered in lease between Aboriginal Land Council and Minister
71AE Rent payable under lease
71AF Dating of lease
71AG Registrar-General to enter particulars of vesting and lease in register
71AH Regular review of lease required
71AI Re-negotiation of lease before expiry of lease term
71AJ Dating and registration of re-negotiated lease
71AK Variation of lease
71AL Holding over under lease
Division 6 Boards of management
71AM Application of Division
71AN Boards of management
71AO Functions of boards of management
71AP Term of office of board members
71AQ Board of management to keep accounts
Division 7 Addition of lands to Schedule 14
71AR Application of Division
71AS Proposals for additions to Schedule 14
71AT Assessment of proposals
71AU Report to Minister
71AV Consideration of report by Minister
71AW Listing of additional lands in Schedule 14
Division 8 Addition of lands to Schedule 14 lands or ALR Act lands leased under Part
71AX Application of Division
71AY Definition of “area”
71AZ Additions may be made to reserved lands leased under Part
71BA Addition of lands already reserved under Act
71BB Tabling of proclamation to add lands if change of land classification involved
71BC Addition of lands not already reserved under Act
71BD Application of certain provisions to additional lands
71BE Review of lease after addition of lands
71BF Application of Division
71BG Aboriginal Land Councils to act with agreement of Aboriginal owner board members
71BH Regard to be had to interests of Aboriginal owners
71BI Land management activities subject to native title
71BJ Arbitration of disputes
71BK Dissolution of Local Aboriginal Land Council
71BL Status of leased lands and board of management
71BM Omission of land from Schedule 14
71BN Review of Part
71BO Definitions
72 Preparation of plans of management
72AA Objectives and content of plans of management
72A Plans of management for combined areas and areas adjoining State borders
73 State forests
73A Public exhibition of and consultation on plans of management
73B Adoption, amendment and cancellation of plans of management
74 Catchment areas and special areas
75, 75A (Repealed)
75B Plans of management for Jenolan Caves Reserve Trust lands
76–79 (Repealed)
79A Lapsing of plans of management
80 Lands submerged by water
81 Operations under plan of management
81A Leases, licences and easements subject to plan of management
82 Concurrence of Forestry Commission
Part 6 Aboriginal objects and Aboriginal places
83 Certain Aboriginal objects to be Crown property
84 Aboriginal places
85 Director-General’s responsibilities as to Aboriginal objects and Aboriginal places
85A Transfer of Aboriginal objects
86 Offences relating to Aboriginal objects
87 Permits relating to Aboriginal objects
88 Australian Museum Trust to have custody of certain Aboriginal objects
89 Preservation or exhibition of certain Aboriginal objects
90 Destruction etc of Aboriginal objects or Aboriginal places
91 Notification of sites of Aboriginal objects
Part 6A Stop work orders and interim protection orders
91AA Director-General may make stop work order
91BB Prior notification of making of stop work order not required
91CC Appeal to Minister
91DD Extension of stop work order
91EE Consultation about modification of proposed detrimental action
91FF Order prevails over other instruments
Division 2 Interim protection orders
91A Interim protection of areas having significant values
91B Interim protection orders
91C Notice of intention to make order not required
91D Duration of interim protection order
91E Revocation of interim protection order
91F Notice of making of interim protection order
91G Failure to comply with interim protection order
91H Appeal against order
91I Register of orders
92 Director-General’s responsibilities as to fauna
92A–92E (Repealed)
93 Amendment of Schedule 11 (unprotected fauna)
94 Amendment of Schedule 12 (threatened interstate fauna)
94A, 95 (Repealed)
96 Locally unprotected fauna
97 Certain protected fauna to be property of the Crown
98 Harming protected fauna, other than threatened species, endangered populations or endangered ecological communities
99 Harming threatened interstate fauna
99A Directions relating to protected fauna
100 Further provisions respecting harming protected fauna (including threatened interstate fauna)
101 Buying, selling or possessing protected fauna
102 Directions respecting protected fauna in confinement
103 Harming fauna for sale
104 Fauna dealers
105 Skin dealers
105A Emu Breeders
106 Importing or exporting protected fauna
107 Exhibiting protected fauna
108 (Repealed)
109 Unlawful liberation of animals
110 Use of certain substances for harming fauna
111 Method of shooting fauna
112 Harming snakes
Part 7A Marine mammals—special provisions
112A Constitution of Marine Mammals Advisory Committee
112B Functions of the Marine Mammals Advisory Committee
112C Preparation of plans of management for marine mammals
112D Adoption etc of plan of management for marine mammals
112E Carrying out of plan of management
112F Restriction on issue of licences to take marine mammals for exhibition etc
112G Approaching marine mammal
113 Definitions
114 Director-General’s responsibilities as to native plants
115 Amendment of Schedule 13 (protected native plants)
115A Management plans for protected native plants
116 Restriction as to licences under Forestry Act 1916
117 Restriction on picking or possession of native plant
118 Restriction on selling of native plant
118A Harming or picking threatened species, endangered populations or endangered ecological communities
118B Buying, selling or possessing threatened species or endangered population
118C Damage to critical habitat
118D Damage to habitat of threatened species, endangered populations or endangered ecological communities
118E Court may order offender to restore habitat
118F Definitions
Part 9 Licensing in respect of fauna, native plants and threatened species
119 Definitions
120 General licence
121 Occupier’s licence
122 (Repealed)
123 Trapper’s licence
124 Fauna dealer’s licence
125 Skin dealer’s licence
125A Emu licence
126 Import and export licences
127 Licence to liberate animals
128 Aviary registration certificates
129 Certain licences authorising shooting etc in national parks etc
130 Certain licences and certificates deemed to authorise possession
131 Licence to pick protected native plants
132 Licence to grow native plants for sale
132A Import and export licences for protected native plants
132B Classes of licences
Division 3A Scientific licences
132C Scientific licences
132D Licence authorises certain actions
132E Definitions
133 Conditions and restrictions attaching to licences and certificates and variation of licences and certificates
134 Cancellation of licence or certificate
135 Appeal
136 Licences do not authorise entry etc
137 National Parks and Wildlife Fund
138 Payments into Fund
139 Payments out of Fund
140 Community service contribution
141 Payment of rates to rural lands protection boards in Western Division
142 Royalty
143 Charges and fees
144 (Repealed)
144A Overdue community service contributions, charges, fees and other money
144B Annual report
Part 11 Acquisition and disposal of property
145 Acquisition of land for reservation or other purposes
146 Acquisition or occupation of lands for certain purposes
147 Application of Public Works Act 1912
148 Power of Minister to accept gifts
149 Disposal of property
150 Minister to be corporation sole for certain purposes
Part 12 Leases, licences, easements etc
151 Leases of and licences over reserved or dedicated lands
151A New head leases for certain lands
151AA Leases of land in Kosciuszko National Park ski resort areas
151B Leases and licences of reserved land in accordance with plan of management
151C Restrictions on grant of lease for residential accommodation
151D Register of certain interests to be publicly available
152 Trade within a national park or historic site
153 Easements
153A Leases etc relating to wilderness areas
153B Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
153C Easements, rights of way and licences for landlocked areas
153D Leases, licences and easements for telecommunications facilities
154 Regulations
155 Regulations relating to parks
155A Kosciuszko National Park
156 General provisions
156A Offence of damaging reserved land
156B Powers of authorised officers
157 Requirement to state name and address
158 Requirement for owner of motor vehicle and others to give information
159 Liability of vehicle owner for parking offences
160 Penalty notice for certain offences
160A Removal of unauthorised structures and occupiers
160B Forfeiture of unauthorised structures and their contents
160C Cost of removing structures and contents
160D Notice to state interest in structure or contents
160E Notice to remove structure
160F Notice prohibiting use of structure
161 Restriction on release of certain information
161A–162 (Repealed)
163 Application of Companion Animals Act 1998
163A (Repealed)
163B Application of certain Acts
164 Powers of entry and seizure
165 Persons to deliver up fauna etc when required
166 Definition of “article” for secs 164 and 165
167 Disposal of fauna and perishable goods when seized or delivered up
168 Disposal of property seized or delivered up
169 Impersonating, assaulting, resisting or obstructing an officer etc
170 Corruption
171 Authority to harm or pick
172 Police officers
173 (Repealed)
174 Service of notices
175 General offence and penalties
175A Offences by directors or managers of corporations
175B Offences by corporations
176 Proceedings for offences
176A Restraint etc of breaches of Act
177 Compensation
178 Recovery of charges
179 Authority to take proceedings
180 Continuance of authority
181 Evidentiary provisions etc
182 Morton National Park
183 Macquarie Pass National Park
184 Bouddi National Park
184A RTA roads within Kosciuszko National Park
185 Catchment areas and special areas
186 Requirement for examination
187 Administration of existing interests in reserved land
188 Administration of existing telecommunications interests
Schedule 3 Savings, transitional and other provisions
Schedule 4 Lands dedicated as karst conservation reserves
Schedule 5 Transfer of assets, rights and liabilities
Schedule 5A Provisions relating to staff of Trust
Schedule 6 Provisions relating to Jenolan Caves Reserve Trust Board
Schedule 8 Advisory committees
Schedule 8A Marine Mammals Advisory Committee
Schedule 9 The Aboriginal Cultural Heritage Advisory Committee
Schedule 9A Transfer of assets, rights and liabilities
Schedule 10 Provisions relating to trust boards
Schedule 12 Threatened interstate fauna
Schedule 13 Protected native plants
Schedule 14 Lands of cultural significance to Aboriginals
Schedule 15 Leases in respect of which head leases may be granted