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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 20 September 2019 at 15:45)
Part 10
Part 10 Finance
137   National Parks and Wildlife Fund
The National Parks and Wildlife Fund established under the Act of 1967 shall continue in existence and shall be kept at the Treasury in the Special Deposits Account.
138   Payments into Fund
(1)  There shall be paid into the Fund:
(a)  all money provided by Parliament for the purposes of this Act (including money provided for the expenses incurred or likely to be incurred by boards of management in connection with the preparation of plans of management for, and the care, control and management of, lands reserved or dedicated under Part 4A), the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 (except any money provided by Parliament for the purposes of the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the Threatened Species Conservation Act 1995),
(a1)  all money provided by Parliament for the management of any land for which the National Parks and Wildlife Reserve Trust is the Crown land manager,
(b)  all money received in respect of:
(i)  leases, licences, permits or occupancies within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve, Aboriginal area or land for which the National Parks and Wildlife Reserve Trust is the Crown land manager,
(ii)  leases and licences granted under section 149 (4),
(iii)  royalties, fees and charges under this Act or the regulations, the Wilderness Act 1987, the Snowy Mountains Cloud Seeding Act 2004 or the Threatened Species Conservation Act 1995 or the regulations made under those Acts, except those that are required to be paid into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the Threatened Species Conservation Act 1995,
(iiia)  despite the provisions of any other Act, royalties, fees and charges in respect of land for which the National Parks and Wildlife Reserve Trust is the Crown land manager,
(iv)  franchises granted under section 152,
(v)  easements or rights of way granted under section 153,
(vi)  community service contributions,
(vii)  penalties recovered pursuant to this Act or the Threatened Species Conservation Act 1995 or the regulations made under those Acts, or (despite the provisions of any other Act) under another Act in respect of land for which the National Parks and Wildlife Reserve Trust is the Crown land manager, except penalties recovered pursuant to Part 7A of the Threatened Species Conservation Act 1995 or the regulations under that Part,
(viii)  property forfeited pursuant to this Act or the regulations,
(ix)  costs paid pursuant to an order under section 176 (3),
(x)  amounts paid pursuant to an order under section 177, and
(xi)  policies of insurance under which money is paid to the Minister or the Chief Executive with respect to any national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or any property in the custody or under the control of the Chief Executive,
(b1)  all money received in respect of:
(i)  rent paid by the Minister in respect of lands leased under Part 4A, and
(ii)  matters of a kind referred to in paragraph (b) in respect of those lands,
(c)  any money acquired by the Minister pursuant to section 148, except money required to be paid into the Biodiversity Banking Account under Part 7A of the Threatened Species Conservation Act 1995,
(d)  any money received by the Minister pursuant to section 149, except money required to be paid into the Biodiversity Banking Account under Part 7A of the Threatened Species Conservation Act 1995,
(e)  any other money received in connection with any national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area or any proposed national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area,
(e1)  any money received from the Sydney Catchment Authority in connection with carrying out and giving effect to a plan of management adopted under the Sydney Water Catchment Management Act 1998,
(e2)  any money received by the Chief Executive or a board of management in connection with an order of a court under section 201, 203 or 204 of this Act or section 141J, 141L or 141M of the Threatened Species Conservation Act 1995,
(f)  any money received in connection with any wildlife refuge or conservation area, and
(g)  any other money received in connection with the administration of this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995, other than money received in the prescribed circumstances (if any) or money payable into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the Threatened Species Conservation Act 1995.
(1A)  Within the Fund there is to be a separate account for each area of lands leased under Part 4A.
(1B)  Subject to subsections (2) and (3), any money paid into the Fund, including rent paid by the Minister, in respect of an area of lands leased under Part 4A is to be carried into the separate account in the Fund that relates to that area.
(1C)  Any money referred to in subsection (1B) may, pending its application in accordance with this Act, be invested by the Minister with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds.
(2)  Where any money acquired by the Minister pursuant to section 148 is subject to any condition to which the Minister has agreed, the money shall be carried to a separate account in the Fund and shall be applied in accordance with the condition.
(3)  Any money referred to in subsection (2) may, pending application in accordance with the condition so referred to, be invested by the Minister with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds.
(4)  A reference in subsection (1) (b) (i) or (e) to a regional park does not include a reference to a regional park that is, or is proposed to be, under the care, control and management of a local council.
(5)  Money received in connection with the administration of the biodiversity certification scheme (including any fees paid under the scheme or any monetary contributions made for the purposes of the scheme) is not to be paid into the National Parks and Wildlife Fund.
(6)  In this section:
biodiversity certification scheme means:
(a)  the provisions of Part 7AA of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part, and
(b)  the provisions of Parts 7 and 8 of Schedule 7 to that Act (which relate to biodiversity certification of environmental planning instruments).
139   Payments out of Fund
(1)  No money shall be paid out of the Fund except under the authority of this Act or in accordance with section 52 (2) (b) of the Fire and Rescue NSW Act 1989.
(2)  There may be paid out of the Fund:
(a)  all charges, costs and expenses incurred by the Minister or the Chief Executive in exercising and performing the Minister’s or the Chief Executive’s powers, authorities, duties and functions under this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995, except those incurred under the biodiversity certification scheme and the biobanking scheme,
(b)  all money allocated by the Minister for expenditure by a state conservation area trust in connection with a state conservation area or by a regional park trust in connection with a regional park,
(b1)  all charges, costs and expenses incurred by the National Parks and Wildlife Reserve Trust in exercising its functions in relation to land for which it is the Crown land manager,
(c)  the fees and travelling and other expenses payable to the members of the Council or any committee under this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995,
(d)  the cost of acquiring land for the purposes of this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995,
(e)  the cost of improvement of any land adjoining or in the vicinity of a national park, historic site, regional park, nature reserve, karst conservation reserve, Aboriginal area or state conservation area, where in the opinion of the Minister this is desirable to provide or improve access to the park, site, reserve or area, or to provide or improve facilities or amenities for persons visiting the park, site, reserve or area,
(f)  all money which the Minister directs shall be set aside to provide a reserve for insurance,
(g)  all money allocated by the Minister for expenditure on Aboriginal areas,
(h)  the cost of acquiring Aboriginal objects or land in which Aboriginal objects or Aboriginal places are situated,
(i)  the cost of erecting and maintaining buildings or structures for the safe custody, storage or exhibition of any Aboriginal object,
(j)  the cost of entering into, and giving effect to, agreements under sections 145 and 146,
(k)  the cost of carrying out the purposes for which land is acquired or occupied under section 146,
(l)  all costs incurred under sections 147 and 149 (except in relation to a dealing in land or other property, or an interest in property, the proceeds of which are payable into the Biodiversity Banking Account under Part 7A of the Threatened Species Conservation Act 1995),
(m1)  charges, costs and expenses incurred in the administration of the Marine Estate Management Act 2014,
(m2)  the cost of carrying out and giving effect to a plan of management adopted under the Sydney Water Catchment Management Act 1998,
(m3)  charges, costs and expenses incurred by the Service in connection with cloud seeding operations authorised by the Snowy Mountains Cloud Seeding Act 2004,
(m)  all money allocated by the Minister for use in connection with a wildlife refuge or conservation area, and
(n)  all money to be paid to Local Land Services under section 141.
(3)  Any money set aside, as referred to in subsection (2) (f), may be invested by the Minister with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds.
(4)  Where:
(a)  any lands are acquired under Part 11 out of money wholly or partly provided by Parliament, and
(b)  those lands, or any part thereof, are sold under section 149,
there shall be paid from the Fund to the Treasurer, out of the proceeds of the sale referred to in paragraph (b), such amount as the Treasurer may determine.
(5)  Any money in a separate account kept under section 138 (1B) in respect of lands reserved or dedicated under Part 4A must be applied:
(a)  for the management of the lands (including the preparation of a plan of management for the lands), and
(b)  in accordance with the provisions of any plan of management for the lands.
(6)  In this section:
biobanking scheme means the provisions of Part 7A of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part.
biodiversity certification scheme means:
(a)  the provisions of Part 7AA of the Threatened Species Conservation Act 1995 and any regulations made for the purposes of that Part, and
(b)  the provisions of Parts 7 and 8 of Schedule 7 to that Act (which relate to biodiversity certification of environmental planning instruments).
140   Community service contribution
(1)  The Chief Executive shall from time to time assess the amount of the contribution to be paid by the holder of a lease of or licence to occupy or use lands within a national park, historic site, state conservation area, regional park, nature reserve or karst conservation reserve for the cost of providing or maintaining any community service in the park, site, area or reserve.
(2)  The Chief Executive may levy the contribution payable by the holder of the lease or licence by serving on the holder a written notice of the contribution payable.
(3)  The notice referred to in subsection (2) may:
(a)  relate to one or more types of community service, and
(b)  specify a date by which the contribution must be paid.
(3A)  The amount of the contribution is due and payable to, and is recoverable by, the Chief Executive:
(a)  if a date is specified in the notice referred to in subsection (2)—on that date, or
(b)  if no such date is specified—on the expiration of one month from the service of the notice.
(3B)  Nothing in this section prevents the Chief Executive from issuing separate notices to the same holder of a lease or licence for different types of community service.
(4)  The Minister, on the recommendation of the Chief Executive, may for any reason which to the Minister seems sufficient exempt any such holder from the payment of such a contribution or part thereof.
(5)  In this section, community service includes the following actions or services when undertaken or provided in connection with public health or building safety:
(a)  making an inspection,
(b)  conducting an audit,
(c)  receiving an application,
(d)  granting an approval.
141   Payment of rates to Local Land Services in Western Division
(1)    (Repealed)
(2)  An amount is, subject to this section, payable to Local Land Services equal to the amount that would have been payable to Local Land Services under Part 5 (Rates, levies and contributions) of the Local Land Services Act 2013 by way of rates for any period, in respect of land reserved as national parks or historic sites or dedicated as nature reserves or karst conservation reserves, had the land been rateable land under that Act at all relevant times after they were so reserved or dedicated.
(3)  No amount is payable under subsection (2) except upon an application:
(a)  made to the Chief Executive in the prescribed manner and within the prescribed time, and
(b)  containing the prescribed particulars.
(4)  Any dispute between the Chief Executive and Local Land Services with respect to the particulars contained in an application or the amount payable under this section shall be determined in accordance with such directions as the Minister, after consultation with the Minister for Agriculture, may give.
(5)  Nothing in this section requires or authorises the payment of an amount in relation to any period before the commencement day.
142   Royalty
(1)  Royalty shall, in accordance with the regulations, be payable to the Crown at the prescribed rates upon such species of fauna and the skins of such species of fauna as may be prescribed.
(2)  Notwithstanding subsection (1), royalty shall not be payable under this section in respect of a skin or carcase to which there has been affixed or attached in compliance with a condition of a licence issued under Division 2 of Part 9 a label, tag, slip or other object for which a charge or fee has been paid pursuant to regulations made under section 154 (e).
143   Charges and fees
(1)  Where the Minister, the Chief Executive or an officer of the Service:
(a)  supplies any service, product or commodity,
(b)  grants any licence to carry on a trade, business or occupation,
(c)  gives, varies or transfers any permission, consent or approval or issues any licence, registration certificate or permit,
(d)  furnishes any information,
(e)  processes an application for any permission, consent, approval, licence, registration certificate or permit (including by making an inspection or conducting an audit in connection with the application),
(f)  provides advice on request (including by way of lecture or seminar), or
(g)  provides administrative services on request (including photocopying and the like),
under this Act or the regulations, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995 or the regulations under those Acts or in connection with any national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, the Chief Executive or an officer of the Service may make, demand, levy and recover such charges and fees as may be prescribed or where no charge or fee is prescribed such charges and fees as may be fixed by the Chief Executive, subject to the maximum (if any) prescribed.
(2)  Nothing in this section prevents the Chief Executive or an officer of the Service making, demanding, levying or recovering separate charges or fees in respect of the same person for the supply of different things or carrying out of different activities.
(3)  The services referred to in subsection (1) include, but are not limited to, health or building services provided or maintained by the Chief Executive in a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
144   (Repealed)
144A   Overdue community service contributions, charges, fees and other money
(1)  Interest on overdue money payable in respect of:
(a)  leases, licences, permits or occupancies within reserved or dedicated lands, and
(b)  leases and licences granted under section 149 (4), and
(c)  royalties, fees and charges under this Act, the Wilderness Act 1987 or the Threatened Species Conservation Act 1995, and
(d)  franchises granted under section 152, and
(e)  easements or rights of way granted under section 153, and
(f)  community service contributions under section 140,
shall be payable in accordance with this section.
(2)  If payment of the whole or any part of an amount payable in respect of a matter referred to in subsection (1) has not been made at the date when the amount was due, the balance due from time to time after that date is to attract interest:
(a)  except as provided by paragraph (b)—calculated at the prescribed rate, or
(b)  in the case of interest payable under a lease, agreement or other instrument the terms of which fix a rate of interest that is higher than the prescribed rate—calculated at that higher rate.
(3)  If the Minister, on the recommendation of the Chief Executive, is satisfied that circumstances warrant it, the Minister may:
(a)  direct that an amount due shall not attract interest in accordance with this section, or
(b)  grant an extension of time after the due date during which the amount payable or due for the time being will not attract interest, or
(c)  remit the payment of the whole or any part of any interest payable under this section.
(4)  No refund shall be made as a consequence of a remission under subsection (3) (c).
(5)  This section applies to overdue money payable before, as well as on or after, the commencement of this section, in so far as it is due on and after that commencement, and so applies notwithstanding the terms of any lease, agreement or other instrument under which the money is payable.
(6)  Interest payable under this section may be recovered in the same way as the money in respect of which it is payable.
144B   Annual report
The Service is to include a statement of its operations and expenditure in connection with lands reserved or dedicated under Part 4A in each report it makes under the Annual Reports (Departments) Act 1985.