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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 19 November 2019 at 11:40)
Part 12 Division 2
Division 2 Granting of leases and licences
151   Leases and licences of reserved lands
(1)  The Minister may grant a lease or licence of land within a reserve (including any buildings or structures on the land).
(2)  A lease or licence granted under this section may authorise any one or more of the following:
(a)  the exclusive use of the land, buildings and structures concerned,
(b)  the erection of a new building or structure on the land concerned,
(c)  the modification of an existing building or structure on the land concerned.
(3)  Without limiting section 2A, in determining whether to grant a lease or licence of land under this section, the Minister is to give effect to the objects of this Act.
Note.
 Section 2A (1) (d) provides that it is an object of this Act that the management of reserved land be in accordance with the applicable management principles.
Section 81A makes it clear that Part 5 (Plans of management) has effect in any part of a reserve that is the subject of a lease or licence under this Part. Section 151C also provides that it is a condition of every lease or licence of land granted under this section that the lessee or licensee must ensure that the provisions of this Act, the regulations and the relevant plan of management are complied with.
151A   Purposes for which a lease or licence may be granted
(1)  A lease or licence of land (other than a nature reserve) may only be granted under section 151 for one or more of the following purposes:
(a)  General purposes
(i)  the provision of buildings for use in connection with any of the following:
(A)  the protection or preservation of land from fire,
(B)  the provision of services relating to the work of rendering first aid to, and the transport of, sick and injured persons,
(C)  a surf life-saving club,
(D)  any purpose of a similar nature,
(ii)  the provision of research facilities or activities for natural heritage (including natural phenomena) and cultural heritage,
(iii)  to enable activities of a recreational, educational or cultural nature to be carried out and the provision of facilities for that purpose,
(iv)  to enable sporting activities to be carried out and the provision of temporary facilities for that purpose,
(v)  to enable activities for natural heritage management, cultural heritage management, park management or fire management to be carried out and the provision of facilities for that purpose,
(vi)  to enable Aboriginal cultural activities to be carried out and the provision of facilities for that purpose,
(vii)  subject to section 151I (Restrictions on grant of lease for residential accommodation), the provision of residential accommodation,
(viii)  any other purpose that is:
(A)  consistent with the relevant management principles for the land set out in Division 2 of Part 4, and
(B)  identified in the relevant plan of management as being a permissible purpose for the land concerned,
(b)  Purposes related to the sustainable visitor or tourist use and enjoyment of reserved land
(i)  the provision of accommodation for visitors and tourists,
(ii)  the provision of the following facilities if the facilities are ancillary to accommodation facilities for visitors or tourists:
(A)  retail outlets,
(B)  facilities to enable the hosting of conferences or functions,
(C)  facilities to enable activities of a sporting nature to be carried out,
(iii)  the provision of facilities and amenities for visitors and tourists, including the following facilities:
(A)  information centres and booking outlets,
(B)  restaurants, cafes, kiosks and other food outlets,
(iv)  the provision of the following facilities if the facilities are ancillary to facilities and amenities for visitors and tourists:
(A)  retail outlets,
(B)  facilities to enable the hosting of conferences or functions,
(c)  Adaptive reuse and use of modified natural areas
any purpose that enables the adaptive reuse of an existing building or structure or the use of a modified natural area.
Note.
 See section 5 (1) for the definitions of “adaptive reuse” and “modified natural area”.
(2)  A lease or licence of land within a nature reserve may only be granted under section 151 for a purpose that is consistent with the relevant management principles for nature reserves set out in section 30J.
(3)  In addition to the purposes set out in subsection (1), a lease or licence of land (other than a nature reserve) may be granted under section 151 to enable any activity or development in a ski resort area (within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979) that is permitted by an environmental planning instrument specifically applying to ski resort areas.
(4)  A licence of land under section 151 for the purpose of a conference, function or event must not be granted if the licence authorises the use of the land for a cumulative period that exceeds 3 months in any 12 month period.
(5)  The Minister must not grant a lease of land under section 151 for any purpose referred to in subsection (1) (b) that authorises the erection of a new building or structure on the land unless:
(a)  the purpose for which the lease is to be granted is identified in the relevant plan of management as being a permissible purpose for the land concerned, and
(b)  the general location for any such new building or structure is identified in that plan of management.
151AA   (Repealed)
151B   Matters that Minister must consider before granting lease or licence
(1)  The Minister must not grant a lease or licence of land (including any buildings or structures on the land) under section 151 unless the Minister is satisfied that:
(a)  the purpose for which the lease or licence is granted is compatible with the natural and cultural values of:
(i)  the land to be leased or licensed, and
(ii)  land reserved under this Act in the vicinity of that land, and
(b)  the lease or licence provides for the sustainable and efficient use of natural resources, energy and water, and
(c)  in relation to any lease or licence that authorises the erection of a new building or structure on the land or the modification of an existing building or structure on the land—the authorised development or activity is appropriate in relation to the built form and scale of the building or structure, including its bulk, height, footprint, setbacks and density.
(2)  In determining whether the Minister is satisfied in relation to any of the matters referred to in subsection (1), the Minister is to have regard to:
(a)  the assessment criteria adopted by the Chief Executive under subsection (3), and
(b)  in relation to a proposal to grant a lease of land—a report prepared by the Chief Executive that addresses the relevant matters referred to in subsection (1) in light of those assessment criteria.
(3)  The Chief Executive:
(a)  must adopt assessment criteria relating to the matters referred to in subsection (1), and
(b)  may vary those criteria, but only if:
(i)  the Chief Executive has consulted with the Council, and
(ii)  the Council has advised the Chief Executive that the proposed variation, on balance, improves or maintains the environmental outcomes provided for under the existing criteria.
(4)  The assessment criteria are to be published on the Office’s website.
(5)  This section does not apply to the following:
(a)  a lease or licence of land within a ski resort area within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979,
(b)  a renewal of a lease of land granted in accordance with an option to renew a current lease,
(c)  a renewal of a lease of land (otherwise than in accordance with an option to renew), but only if:
(i)  the renewed lease is on substantially the same terms and conditions as the current lease, and
(ii)  the term of the lease (including any options to renew) does not exceed 10 years, and
(iii)  there have been no significant breaches of the current lease, this Act or the regulations during the term of the current lease.
151C   Leases and licences subject to conditions
(1)  A lease or licence under section 149, 151 or 151H may be granted subject to conditions.
(2)  It is a condition of every lease or licence of land granted under section 151 that the lessee or licensee must ensure that the provisions of this Act, the regulations and the plan of management for the reserve in which the land is situated are complied with in relation to the land.
151D   Special provisions relating to leases and licences of karst conservation reserves
(1)  The Minister is to include in every lease or licence of land within a karst conservation reserve granted under section 151 a condition requiring:
(a)  the lessee or licensee (in relation to the lands leased or licensed) to comply with the relevant environmental performance standards set out in the plan of management for the reserve, and
(b)  the environmental performance of the lessee or licensee (in relation to the lands leased or licensed) to be measured against the relevant environmental performance indicators set out in that plan of management.
(2)  The Chief Executive is (in relation to a lease or licence to which subsection (1) applies):
(a)  to monitor:
(i)  the lessee’s or licensee’s compliance with the relevant environmental performance standards set out in the relevant plan of management, and
(ii)  the lessee’s or licensee’s environmental performance as measured against the relevant environmental performance indicators set out in that plan of management, and
(b)  to report on the results of that monitoring, annually, by:
(i)  recording the results in the register kept under section 151J, and
(ii)  placing the results on the Office’s website.
151E   Special provisions relating to leases and licences of Aboriginal land
(1)  The Minister may only grant a lease or licence under section 151 of land reserved under Part 4A with the concurrence of the relevant board of management for the land concerned.
(2)  The Minister must not grant a lease or licence under section 151 of land reserved under Part 4A contrary to the terms of the lease of the land to the Minister under that Part.