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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 13 November 2019 at 21:21)
Part 14
Part 14 Miscellaneous
156A   Offence of damaging reserved land
(1)  A person must not, on or in land reserved under this Act or acquired under Part 11:
(a)  remove any water other than for purposes authorised by or under any Act or for the purposes of personal use on the land, or
(b)  damage or remove any vegetation, rock, soil, sand, stone or similar substance, or
(c)  damage any object or place of cultural value, or
(d)  cause or permit any removal or damage referred to in paragraph (a), (b) or (c).
Maximum penalty:
(a)  in the case of a corporation—10,000 penalty units, or
(b)  in the case of an individual—1,000 penalty units or 6 months imprisonment, or both.
Note.
 An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 175B.
(2)  It is a defence to a prosecution for an offence under subsection (1) if the accused proves that the removal or damage concerned:
(a)  was done in accordance with the consent of the Chief Executive or of a person or body that has the care, control and management of the land concerned under this Act, or
(b)  was authorised to be done, and was done in accordance with, a licence under this Act or a licence granted under the Threatened Species Conservation Act 1995, or
(c)  was essential for the carrying out of:
(i)  development in accordance with a development consent within the meaning of the Environmental Planning and Assessment Act 1979, or
(ii)  an activity, whether by a determining authority or pursuant to an approval of a determining authority within the meaning of Part 5 of that Act if the determining authority has complied with that Part, or
(iii)  a project approved under Part 3A of the Environmental Planning and Assessment Act 1979, or
(iv)  State significant infrastructure approved under Part 5.1 of the Environmental Planning and Assessment Act 1979, or
(d)  was authorised to be done by or under Part 2 of the Rural Fires Act 1997, the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.
(3)  It is a defence to a prosecution for an offence under subsection (1) if the offence relates to the damage of an object or place of cultural value and the accused proves that he or she did not know, and could not reasonably have known, that the object or place concerned had cultural value.
(4), (5)    (Repealed)
156B   Powers of authorised officers
(1)  The Chief Executive may appoint any person (including a class of persons) to be an authorised officer for the purposes of national parks legislation. Such an appointment is to be made under Chapter 7 of the Protection of the Environment Operations Act 1997 (the POEO Act) as applied under this section.
(2)  An authorised officer has and may exercise the functions of an authorised officer under Chapter 7 (except Part 7.6) of the POEO Act for the following purposes:
(a)  for determining whether there has been compliance with or a contravention of national parks legislation,
(b)  for obtaining information or records for purposes connected with the administration of national parks legislation,
(c)  generally for administering national parks legislation.
(3)  The provisions of Chapter 7 of the POEO Act apply to and in respect of national parks legislation as if those provisions were part of this Act, but modified so that:
(a)  references in those provisions to an authorised officer were references to authorised officers appointed as referred to in this section, and
(b)  references in those provisions to “this Act” were references to an Act or regulation forming part of the national parks legislation, and
(c)  references in those provisions to the EPA were references to the Chief Executive, and
(d)  the Chief Executive were the appropriate regulatory authority for matters concerning national parks legislation.
(3A)  Section 319A of the POEO Act applies in respect of notices given by an authorised officer pursuant to subsection (2) in the same way as it applies to notices given under that Act or the regulations under that Act, except that in so applying that section a reference to a regulatory authority is to be read as a reference to the Chief Executive.
(3B)  For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 of the POEO Act (as applying under this section) is to be taken as if the offence were an offence under this Act.
(4)  The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of national parks legislation, taken to be functions under national parks legislation.
(5)  If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of national parks legislation, the fact that there is a restriction on the exercise of a function under national parks legislation does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act.
(6)    (Repealed)
156C   Exclusion of personal liability
(1)  Anything done or omitted to be done by:
(a)  the Minister, or
(b)  the Chief Executive or a person acting under the direction of the Chief Executive, or
(c)  an officer of the Service, or
(d)  an ex-officio ranger, or
(e)  an honorary ranger, or
(f)  a member of the Council or a person acting under the direction of the Council or a member of the Council, or
(g)  an advisory committee, a member of such a committee or a person acting under the direction of any such committee or member of such a committee,
does not subject the Minister, Chief Executive, officer, ranger, member of the Council or of the advisory committee, or person so acting, personally to any action, liability, claim or demand if the thing was done, or omitted to be done, in good faith for the purpose of exercising functions under the national parks legislation.
(2)  However, any such liability attaches instead to the Crown.
157   Requirement to state name and address
(1)  The Chief Executive or any officer of the Service, or any person duly authorised by the Minister in that behalf, may require a person whom he or she suspects on reasonable grounds to be offending against this Act or the regulations to state the person’s full name and residential address.
(2)  The Chief Executive, any officer of the Service duly authorised by the Chief Executive in that behalf or any person duly authorised by the Minister in that behalf may require the driver of a motor vehicle in a national park, historic site, state conservation area, regional park, nature reserve or Aboriginal area to produce his or her driver licence and to state his or her full name and residential address.
(3)  A person shall not:
(a)  fail or refuse to comply with a requirement under subsection (1) or (2), or
(b)  in purported compliance with such a requirement, state a name that is not the person’s name or an address that is not the person’s residential address.
Penalty for an offence against this subsection: 10 penalty units.
158   Requirement for owner of motor vehicle and others to give information
(1)  Where the driver of a motor vehicle is alleged to be guilty of an offence against this Act or the regulations, the Chief Executive or any other officer of the Service, or any person duly authorised by the Minister in that behalf, may:
(a)  require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give forthwith information (which shall, if so required, be given in the form of a statement in writing, signed by that owner or person) as to the name and residential address of the driver, or
(b)  require any other person to give any information which it is in that other person’s power to give and which may lead to the identification of the driver.
(2)  A person shall not:
(a)  fail or refuse to comply with a requirement under subsection (1), or
(b)  in purported compliance with such a requirement, give any information that is false or misleading in a material particular.
Penalty: 10 penalty units.
(3)  In a prosecution for an offence in respect of a failure or refusal to comply with a requirement under subsection (1) (a), it is a defence if the defendant proves to the satisfaction of the court that the defendant did not know and could not with reasonable diligence have ascertained the name or residential address of the driver concerned or both, as the case may require.
(4)  Where a statement in writing purporting to be furnished under subsection (1) (a) and to contain particulars of the name and residential address of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regulations is produced in any court in proceedings against the person named therein as the driver for the offence, the statement shall, if that person does not appear before the court, be evidence without proof of signature that the person was the driver of the vehicle at that time.
159   Liability of vehicle owner for parking offences
(1)  In this section:
owner of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.
parking offence means the offence committed by a person who, in contravention of the regulations made under this Act:
(a)  moors or parks a vehicle, or
(b)  causes or permits a vehicle to be moored or parked or to stand or wait.
(2)  Where a parking offence occurs, the person who, at the time of the occurrence of the offence, is the owner of the vehicle to which the offence relates is, by virtue of this section, guilty of an offence under the regulation relating to the parking offence in all respects as if the owner were the actual offender guilty of the parking offence unless:
(a)  in any case where the parking offence is dealt with under section 192, the owner satisfies the prescribed person referred to in that section that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or
(b)  in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.
(3)  Nothing in this section affects the liability of an actual offender in respect of a parking offence but, where a penalty has been imposed on, or recovered from, any person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.
(4)  Notwithstanding anything in subsection (2) or (3), no owner of a vehicle is, by virtue of this section, guilty of an offence if:
(a)  in any case where the offence is dealt with under section 192, the owner:
(i)  within 21 days after service on the owner of a notice under that section in respect of the offence, gives a prescribed person referred to in that section an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or
(ii)  satisfies the prescribed person so referred to that the owner does not know, and cannot with reasonable diligence ascertain, that name and address, or
(b)  in any other case, the owner:
(i)  within 21 days after service on the owner of a court attendance notice for the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or
(ii)  satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address.
(4A)  Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 192 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.
(4B)  If the owner of a vehicle supplies an approved nomination notice to a prescribed person or an informant for the purposes of this section, a prescribed person or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination document.
(5)  An approved nomination notice or a statutory declaration that relates to more than one parking offence is taken not to be an approved nomination notice or a statutory declaration supplying a name and address for the purposes of subsection (4) or (4B).
(6)  Where a statutory declaration supplying the name and address of a person for the purposes of subsection (4B) is produced in any proceedings against that person in respect of the parking offence to which the statutory declaration relates, the statutory declaration is prima facie evidence that that person was, at all relevant times relating to that parking offence, in charge of the vehicle to which the parking offence relates.
(7)  The provisions of this section shall be construed as supplementing, and not as derogating from, any other provision of this Act or the regulations or any other Act or regulation, by-law or ordinance under any other Act.
(8)  In this section:
approved nomination notice has the same meaning as in section 38 of the Fines Act 1996.
159A   Liability of landholder for certain harming and picking offences
In any criminal proceedings for an offence under section 98 or Part 8A, the landholder of any land on which the offence is alleged to have occurred is taken to have carried out the activity constituting the alleged offence unless it is established that:
(a)  the activity was carried out by another person, and
(b)  the landholder did not cause or permit the other person to carry out the activity.
This section does not prevent proceedings being taken against the person who actually carried out the activity.
159B   Causing or permitting certain harming and picking offences
A person who causes or permits, by act or omission, another person to commit an offence under section 98 or a provision of Part 8A is guilty of an offence under the provision and is liable on conviction to the same penalty applicable to an offence under that provision.
160   
(Renumbered as sec 192)
160A   Removal of unauthorised structures and occupiers
(1)  In sections 160A–160F:
prescribed land means:
(a)  a national park, historic site, nature reserve, karst conservation reserve, Aboriginal area, state conservation area or regional park, or
(b)  land acquired or occupied under Part 11.
structure includes a part of a structure.
(2)  The Minister may cause any structure that is on prescribed land without lawful authority and its contents (if any) to be removed from the land or to another place on prescribed land.
(3)  The Minister may cause any person making use without lawful authority of a structure that is on prescribed land to be removed from the structure or from the immediate vicinity of the structure.
(4)  For the purpose of removing a person under this section:
(a)  reasonable force may be used, and
(b)  the assistance of the police may be requested.
(5)  This section does not affect any other power to remove structures or persons from prescribed land.
(6)  It is not necessary for a notice under section 160D, 160E or 160F to have been served, displayed or published before the Minister causes a structure or person to be removed under this section.
160B   Forfeiture of unauthorised structures and their contents
(1)  Any property removed under section 160A is forfeited to the Crown on its being so removed.
(2)  The Minister may cause anything so forfeited:
(a)  to be destroyed, sold or stored, or
(b)  to be returned to any person considered by the Minister to have been entitled to possess it immediately before it was forfeited.
160C   Cost of removing structures and contents
The Minister may recover as a debt due to the Crown any expense incurred under section 160A or 160B:
(a)  from any person who without lawful authority erected or placed or was, immediately before its removal, maintaining the structure concerned on prescribed land or who caused it to be so erected, placed or maintained, or
(b)  from any person who has made use of the structure after the expiration of the period specified in a notice prohibiting use of the structure:
(i)  served on the person under section 160F, or
(ii)  displayed on or adjacent to the structure under that section (but, in such a case, only if it is proved that the person knew, or ought reasonably to have known, about the notice).
160D   Notice to state interest in structure or contents
(1)  The Minister may cause to be displayed or published a notice requiring any person:
(a)  who claims to have been authorised to erect, place or maintain a structure that is on prescribed land, or
(b)  who claims any other interest in such a structure or an interest in its contents,
to deliver to the Minister a written statement signed by the person setting out by what authority the person erected or placed, or is entitled to maintain, the structure or by what authority the person claims any other interest in the structure, or an interest in its contents.
(2)  Any such notice shall be:
(a)  displayed on or adjacent to the structure, or
(b)  published in a manner determined in writing by the Minister having regard to the object of bringing notices of that kind to the attention of persons of the kind referred to in subsection (1).
(3)  A person who has not delivered such a statement to the Minister within one month after display or publication of the notice has no claim against the Minister or any other person if the structure and its contents (if any) are dealt with under section 160A or 160B.
160E   Notice to remove structure
(1)  If the Minister believes on reasonable grounds that a person, without lawful authority, has erected or placed, or is maintaining, a structure that is on prescribed land, the Minister may cause a notice:
(a)  to be served on the person, or
(b)  to be displayed on or adjacent to the structure,
requiring the person to remove the structure and its contents (if any) and to rehabilitate within a specified period the land on which the structure is situated.
(2)  A notice relating to a structure may be served or displayed under this section whether or not a notice under section 160D relating to the same structure has been displayed or published.
(3)  A notice under this section may be served:
(a)  in any case, personally on the person to whom it is directed, or
(b)  if that person has delivered a statement under section 160D relating to the structure:
(i)  by post to any address for contacting the person that is specified in the statement, or
(ii)  by email to an email address specified by the person for the service of notices of that kind.
(4)  The person to whom a notice served or displayed under this section is directed shall, unless the structure to which the notice relates was erected or placed, or is being maintained, with lawful authority by the person:
(a)  remove the structure and its contents (if any), and
(b)  rehabilitate the land on which the structure is situated,
within such period and in such manner (if any) as are specified in the notice.
Maximum penalty: 20 penalty units and, in the case of a continuing offence, a further penalty of 2 penalty units for each day the offence continues.
(5)  The defendant has the onus of establishing the existence of lawful authority in any proceedings for an offence against this section.
160F   Notice prohibiting use of structure
(1)  If the Minister believes on reasonable grounds that a structure that is on prescribed land is being used without lawful authority, the Minister may cause a notice:
(a)  to be served on the person, prohibiting use after a specified period of the structure by the person, or
(b)  to be displayed on or adjacent to the structure, prohibiting use after a specified period of the structure by any person.
(2)  Any such notice may be served:
(a)  in any case, personally on the person to whom it is directed, or
(b)  if that person has delivered a statement under section 160D relating to the structure:
(i)  by post to any address for contacting the person that is specified in the statement, or
(ii)  by email to an email address specified by the person for the service of notices of that kind.
(3)  A person who is prohibited from using a structure by a notice that has been served or displayed under this section shall not, without lawful authority, use the structure after the expiration of the period specified in the notice.
Maximum penalty: 20 penalty units and, in the case of a continuing offence, a further penalty of 2 penalty units for each day the offence continues.
(4)  The defendant has the onus of establishing the existence of lawful authority in any proceedings for an offence against this section.
161   Restriction on release of certain information
(1)  The Chief Executive may, by notice in writing, advise the Minister that the Chief Executive is of the opinion that specified documents in the possession of the Service relating to:
(a)  the location of threatened species, populations or ecological communities or Aboriginal objects, or
(b)  the cultural values of an Aboriginal place or Aboriginal object,
should be withheld in the public interest.
(2)  The Chief Executive may declare in the notice that information contained in the documents concerned is information for which there is a conclusive presumption of overriding public interest against disclosure for the purposes of the Government Information (Public Access) Act 2009.
(3)  The Chief Executive must not give a notice under this section in relation to documents relating to the location of Aboriginal objects or the cultural values of an Aboriginal place or Aboriginal object unless the Chief Executive has consulted with the Aboriginal people who the Chief Executive is aware have an interest in the documents concerned.
161A–162   (Repealed)
163   Application of Companion Animals Act 1998
Part 7 (Procedures for dealing with seized animals) of the Companion Animals Act 1998 does not apply in respect of an animal seized in a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area by an officer of the Service unless the officer causes the animal to be delivered as provided by section 62 (Seized animals to be returned to owner or taken to council pound) of that Act.
163A   (Repealed)
163B   Application of certain Acts
(1)  Division 2A (Orders) of Part 6 of the Environmental Planning and Assessment Act 1979 and Chapter 7 (What are the regulatory functions of councils?) of the Local Government Act 1993 do not apply to lands reserved or dedicated (other than lands dedicated under section 58U) under this Act.
(2)  This section (except to the extent that it relates to anything authorised by or under the Snowy Hydro Corporatisation Act 1997) does not apply to a ski resort area, within the meaning of Part 8A of Schedule 6 to the Environmental Planning and Assessment Act 1979.
(3)  An order may not be made under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979, or under Chapter 7 of the Local Government Act 1993, that would prevent or hinder the Chief Executive from or in carrying out any power, authority, duty, function or responsibility conferred or imposed on the Chief Executive by or under this Act.
164   Powers of entry and seizure
(1)  An authorised officer:
(a)  may at all times, if he or she suspects on reasonable grounds that an offence against any of the provisions of this Act or the regulations has been or is being committed and that any animal, native plant, Aboriginal object or article in respect of which the suspected offence has been or is being committed or which has been or is being used in connection with the suspected offence is likely to be in or upon any premises or vehicle, on production of the prescribed evidence of his or her authority:
(i)  stop any such vehicle,
(ii)  enter and search any such premises or vehicle, and
(iii)  subject to his or her giving a receipt in the prescribed form seize any such animal, native plant, Aboriginal object (not being real property) or article found therein or thereon together with any books, papers or records relating to the suspected offence and make copies of, or take extracts from, any such papers, books or records,
(b)  may at all times, on production of the prescribed evidence of his or her authority, enter any premises or vehicle for the purpose of:
(i)  inspecting any premises registered under section 124, 125 or 128,
(ii)  inspecting any premises in which fauna are housed or caged under the authority of a licence under section 120 or 125A,
(iii)  inspecting any lands on which protected native plants are grown under the authority of a licence under section 132, or
(iv)  searching for and inspecting any articles that are being or could be used in contravention of this Act or the regulations, and
(b1)  may, at all times, on production of the prescribed evidence of authority, enter any premises for the purposes of:
(i)  identifying and mapping critical habitat, and
(ii)  inspecting any lands that are the subject of an application for a licence under Part 6 of the Threatened Species Conservation Act 1995, and
(iii)  inspecting any lands that are the subject of proposed development or an activity (within the meaning of the Environmental Planning and Assessment Act 1979) and in respect of the grant of development consent or approval to which the Minister or the Chief Executive has been consulted or is (or is acting as) a concurrence authority in accordance with that Act, and
(iv)  inspecting any lands for the purpose of investigating the presence or condition of threatened species, populations or ecological communities, and their habitats, for the purposes of the Threatened Species Conservation Act 1995 or this Act,
(c)  may, for the enforcement of the provisions of this Act or the regulations, exercise the powers and authority of a constable.
(2)  Subsection (1) does not:
(a)  apply in relation to an offence of a class or description prescribed for the purposes of this subsection,
(b)  authorise the seizure of a vehicle within the meaning of paragraph (a), (b), (c) or (e) of the definition of vehicle in section 5 (1) or any prescribed article, or
(c)  authorise any person to enter in or upon that portion of a building that is used for residential purposes except with the permission of the occupier or under the authority of a search warrant issued under this section.
(3)  For the purposes of subsection (1) (a) (iii), the authorised officer may direct the occupier of the premises where, or owner of the vehicle on or in which, the animal, native plant, Aboriginal object or article is seized:
(a)  for a specified period (not exceeding 28 days):
(i)  to retain the animal, native plant, Aboriginal object or article in or on those premises, that vehicle or at another place under the control of the occupier or owner, and
(ii)  to feed, house or maintain (as appropriate) the animal, native plant, Aboriginal object or article, and
(b)  on a specified day within that period, deliver to the authorised officer the animal, native plant, Aboriginal object or article.
(4)  The power of seizure under subsection (1) (a) may be exercised without exercising any of the other powers under subsection (1) (a).
(5)  An authorised officer or a police officer may apply to an issuing officer for a search warrant if the authorised officer or police officer believes on reasonable grounds:
(a)  that an offence against a provision of this Act or the regulations has been committed, and
(b)  that there may be an animal, native plant, Aboriginal object or article in respect of which any such offence has been committed, or which has been used in connection with any such offence, on any premises or vehicle.
(6)  An issuing officer to whom an application is made under subsection (5) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the applicant to enter and search the premises or vehicle.
(7)  A person executing a search warrant issued under this section may exercise the power of seizure under subsection (1) (a).
(8)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(9)  In this section:
issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
165   Persons to deliver up fauna etc when required
(1)  Where an authorised officer suspects on reasonable grounds any person to be committing an offence against any of the provisions of this Act or the regulations, he or she may, on production of the prescribed evidence of his or her authority, require that person to deliver up:
(a)  any animal, native plant, Aboriginal object (not being real property) or article in that person’s possession, or which it is within that person’s power to deliver up, in respect of which the suspected offence is being committed or which is being used in connection with the suspected offence, or
(b)  any books, papers or records in that person’s possession, or which it is within that person’s power to deliver up, relating to the suspected offence.
(2)  Any such person after being so required shall not fail to deliver up forthwith any animal, native plant, Aboriginal object (not being real property), article, books, papers or records to the Chief Executive or person requiring him or her so to do.
166   Definition of “article” for secs 164 and 165
(1)  In sections 164 and 165, article means prohibited weapon, firearm, explosive, net, trap, hunting device, substance, mixture, preparation, instrument, implement or any other thing.
(2)  A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.
167   Disposal of fauna and perishable goods when seized or delivered up
(1)  Where any property seized under section 164 or delivered up under section 165 is fauna or is perishable, it may forthwith be disposed of, by way of sale or otherwise, by an authorised officer.
(2)  The proceeds of any sale under subsection (1) shall be paid into the Fund.
(3)  The payment to a person from the Fund of an amount equal to the proceeds of the sale of any property under subsection (1) operates as a discharge of any obligation to deliver up that property to that person and such a payment in discharge of any such obligation imposed by an order of the court prescribed in relation to the property under section 168 is hereby authorised.
(4)  Without affecting the generality of subsection (1), fauna may be disposed of under subsection (1) by being destroyed or returned to its natural environment.
(5)  When any fauna or perishable property is sold or otherwise disposed of under subsection (1):
(a)  the buyer obtains the ownership of the fauna or property freed and discharged from any right, interest, trust or obligation to which it was subject immediately before its sale or disposal, and
(b)  the person who was the owner of the fauna or property immediately before its sale or disposal ceases to have any claim in respect of the fauna or property or any right of action in respect of the sale or disposal except as specifically provided by this Act.
(6)  A person is not prevented from recovering damages from the Crown in respect of the sale or disposal of any fauna or perishable property under subsection (1) if the person establishes that the authorised officer who effected the sale or disposal did not act in good faith or acted without reasonable care.
168   Disposal of property seized or delivered up
(1)  Subject to this section, where:
(a)  a person is convicted of an offence against this Act or the regulations,
(b)  property relating to the offence, or in the possession of the offender at the time of the commission of the offence, has been seized under section 164 or delivered up under section 165, and
(c)  any person applies to the court prescribed in relation to the property for an order that the property be delivered to a specified person,
that court may, whether or not it is the court making the conviction, make such an order.
(2)  Subject to this section, where:
(a)  property has been seized under section 164 or delivered up under section 165, and
(b)  proceedings for an offence (being an offence on or after a conviction for which an order could be made under subsection (1) in respect of the property):
(i)  have not been commenced within 2 years after the seizure or delivering up of the property, or
(ii)  have been dismissed by a court,
the court prescribed in relation to the property (whether or not it is the court dismissing the proceedings in the case of property relating to proceedings referred to in paragraph (b) (ii)) may, on the application of any person, order that the property be delivered to a specified person.
(3)  An application for an order under subsection (1) may be made at the time of the conviction referred to in that subsection if the court making the conviction is the court prescribed in relation to the property to which the application relates.
(4)  An application for an order under subsection (1) or (2) may not be made:
(a)  in the case of an application for an order under subsection (1)—later than 1 month after the conviction referred to in that subsection, or
(b)  in the case of an application for an order under subsection (2) (b) (i)—later than 3 months after the expiration of the period of 2 years referred to in that subparagraph, or
(c)  in the case of an application for an order under subsection (2) (b) (ii)—later than 1 month after the date on which the proceedings were dismissed.
(5)  Where property has been seized under section 164 or delivered up under section 165 and:
(a)  no application for an order under subsection (1) or (2) has been duly made, or
(b)  such an application has been duly made and such an order has been refused,
the property the subject of the application and, where the property has been sold under section 167, the proceeds of the sale, shall be deemed to have been forfeited.
(6)  For the purposes of this section:
(a)  the value of any property sold under section 167 is an amount equal to the amount of the net proceeds of sale, and
(b)  the court prescribed in relation to any property is such court as would, if the value of the property were the amount of a debt, be a court of competent jurisdiction for the recovery of that debt.
(7)  An order shall not be made by a court under this section in relation to fauna seized or delivered up in connection with an offence under section 102 unless the court is satisfied that the fauna will be adequately cared for by the person to whom the fauna is to be delivered under the order.
(8)  An order shall not be made by a court under this section in relation to fauna that has been destroyed or returned to its natural environment under section 167, but if the order is nevertheless made, it does not have any effect.
169   Impersonating, assaulting, resisting or obstructing an officer etc
(1)  A person shall not impersonate the Chief Executive, any other officer of the Service, an ex-officio ranger or honorary ranger.
(2)  A person shall not:
(a)  assault, threaten, resist, delay, hinder, obstruct or use abusive language to, or
(b)  incite or encourage any other person to assault, threaten, resist, delay, hinder, obstruct or use abusive language to,
the Chief Executive, any other officer of the Service, an ex-officio ranger or honorary ranger, in the exercise of any of his or her powers, authorities, duties or functions under this Act or the regulations, the Wilderness Act 1987 or regulations under that Act or the Threatened Species Conservation Act 1995 or the regulations under that Act.
Maximum penalty: 200 penalty units or 3 months imprisonment, or both.
(3)  Without affecting the generality of subsection (2) (a), a person shall not, upon a request for information or other reasonable assistance being made by the Chief Executive, any other officer of the Service, an ex-officio ranger or honorary ranger in the exercise of any powers, authorities, duties or functions under this Act or the regulations, the Wilderness Act 1987 or regulations under that Act or the Threatened Species Conservation Act 1995 or the regulations under that Act, refuse to give the information or other assistance requested or knowingly give any information that is false or misleading in a material particular.
(4)  A person shall not incite or encourage another person to contravene subsection (3).
170   Corruption
A person shall not, without lawful authority, offer, make or give to an officer of the Service, an ex-officio ranger or honorary ranger any payment, gratuity or present in consideration that the officer or ranger will do or omit to do any act or thing pertaining to his or her powers, authorities, duties or functions as such an officer or ranger.
Maximum penalty: 10 penalty units or imprisonment for 1 year or both.
171   Authority to harm or pick
(1)  The Chief Executive may authorise any person:
(a)  to harm:
(i)  animals within a national park, historic site, nature reserve, karst conservation reserve, state conservation area, regional park, Aboriginal area, wildlife refuge or conservation area, or
(ii)  protected fauna outside a park, site, reserve, area or refuge referred to in subparagraph (i), other than fauna that are not the property of the Crown,
(b)  to fell, cut, destroy, injure, remove or set fire to any tree, timber or vegetation within a nature reserve or karst conservation reserve, or
(c)  to pick or have in the person’s possession any native plant within a nature reserve or karst conservation reserve.
(1A)  The Chief Executive may, in an authority given under subsection (1) or in another instrument served on the person to whom the authority is given, limit the kinds or numbers of animals, trees, timber, vegetation or native plants with respect to which an authority has effect.
(1B)  An authority under subsection (1) authorising game birds to be harmed does not extend to the harming of game birds for sporting or recreational purposes. However, an authority can authorise a sporting or recreational shooter to harm game birds for any other specified lawful purpose.
(2)  A person shall not be convicted of an offence against this Act if the person proves that the act constituting the offence was done, or the state of affairs constituting the offence existed, under the authority of the Chief Executive under this section.
(3)  For the purposes of this Act, the Chief Executive shall be deemed to be authorised under subsection (1) with respect to all animals, and all trees, timber, vegetation and native plants, to which that subsection relates or may relate.
(4)  Except in so far as the Chief Executive otherwise directs, the Chief Executive’s authorisation of a person under subsection (1) also authorises that person to do, in connection with the authorised activity, any act referred to in section 45 (1) or 56 (1).
(5)  Subsection (1) (a) (i) does not apply with respect to an animal that is not the property of the Crown unless the animal apparently has no owner and is not under control or unless an officer of the Service believes on reasonable grounds that the animal is endangering, or likely to endanger, any other animals or any persons or property within the park, site, reserve, area or refuge referred to in subsection (1) (a) (i).
(6)  Nothing in this section affects the provisions of section 155 (2) (bb).
172   Police officers
A police officer shall not be convicted of an offence against this Act in respect of an act done in pursuance of or as part of his or her duties as a police officer.
173   (Repealed)
174   Service of notices
Any notice given under or for the purposes of this Act or the regulations may, unless otherwise specially provided, be given in any one of the following ways:
(a)  personally to the person to whom the notice is addressed, or
(b)  by letter sent through the post by mail and directed to the last known residential or business address of the person to whom the notice is addressed, or
(c)  by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person.
175   General offence and penalties
(1)  A person who:
(a)  does that which by this Act (Parts 2, 3 and 5 excepted) the person is forbidden to do, or
(b)  fails or neglects to do that which by this Act (Parts 2, 3 and 5 excepted) the person is required or directed to do,
is guilty of an offence against this Act.
(2)  A person guilty of an offence against this Act, whether pursuant to subsection (1) or otherwise, is, where no other penalty is prescribed, liable to a penalty not exceeding 100 penalty units, in the case of an individual, or 200 penalty units in the case of a corporation.
175A   Offences by directors or managers of corporations
(1)  If a person contravenes any provision of this Act or the regulations:
(a)  while acting in the capacity of a director, a person concerned in the management, or an employee or an agent, of a corporation, or
(b)  at the direction or with the consent or agreement (whether express or implied) of such a director, person, employee or agent,
the corporation shall be taken to have contravened the same provision.
(2)  A corporation may be proceeded against and convicted under a provision pursuant to subsection (1), whether or not the director, person, employee or agent has been proceeded against or convicted under that provision.
(3)  Nothing in this section affects any liability imposed on a person for an offence committed by the person against this Act or the regulations.
175B   Liability of directors etc for offences by corporation—offences attracting executive liability
(1)  For the purposes of this section, an executive liability offence is an offence against any of the following provisions of this Act that is committed by a corporation:
(a)  section 86 (1), (2) or (4),
(b)  section 90J (1) or (2),
(c)  section 91AA (6),
(d)  section 91G,
(e)  section 91Q (1),
(f)  section 91R,
(g)  section 99 (1),
(h)  section 118A (1) or (2),
(i)  section 118B (1),
(j)  section 118C (1),
(k)  section 118D (1),
(l)  section 133 (4),
(m)  section 156A (1).
(2)  A person commits an offence against this section if:
(a)  a corporation commits an executive liability offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the executive liability offence, and
(c)  the person:
(i)  knows or ought reasonably to know that the executive liability offence (or an offence of the same type) would be or is being committed, and
(ii)  fails to take all reasonable steps to prevent or stop the commission of that offence.
Maximum penalty: The maximum penalty for the executive liability offence if committed by an individual.
(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the executive liability offence.
(5)  This section does not affect the liability of the corporation for the executive liability offence, and applies whether or not the corporation is prosecuted for, or convicted of, the executive liability offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are accessories to the commission of the executive liability offence or are otherwise concerned in, or party to, the commission of the executive liability offence.
(7)  In this section:
director has the same meaning it has in the Corporations Act 2001 of the Commonwealth.
reasonable steps, in relation to the commission of an executive liability offence, includes, but is not limited to, such action (if any) of the following kinds as is reasonable in all the circumstances:
(a)  action towards:
(i)  assessing the corporation’s compliance with the provision creating the executive liability offence, and
(ii)  ensuring that the corporation arranged regular professional assessments of its compliance with the provision,
(b)  action towards ensuring that the corporation’s employees, agents and contractors are provided with information, training, instruction and supervision appropriate to them to enable them to comply with the provision creating the executive liability offence so far as the provision is relevant to them,
(c)  action towards ensuring that:
(i)  the plant, equipment and other resources, and
(ii)  the structures, work systems and other processes,
relevant to compliance with the provision creating the executive liability offence are appropriate in all the circumstances,
(d)  action towards creating and maintaining a corporate culture that does not direct, encourage, tolerate or lead to non-compliance with the provision creating the executive liability offence.
175C   Evidence as to state of mind of corporation
(1)  Without limiting any other law or practice regarding the admissibility of evidence, evidence that an officer, employee or agent of a corporation (while acting in his or her capacity as such) had, at any particular time, a particular state of mind, is evidence that the corporation had that state of mind.
(2)  In this section, the state of mind of a person includes:
(a)  the knowledge, intention, opinion, belief or purpose of the person, and
(b)  the person’s reasons for the intention, opinion, belief or purpose.
176   
(Renumbered as sec 189)
176A   
(Renumbered as sec 193)
176B   Ancillary offences
(1)  A person who:
(a)  aids, abets, counsels or procures another person to commit, or
(b)  attempts to commit, or
(c)  conspires to commit,
an offence under another provision of this Act or the regulations is guilty of an offence under that other provision and is liable, on conviction, to the same penalty applicable to an offence under that other provision.
(2)  A person does not commit an offence because of this section for any act or omission that is an offence under section 176C.
176C   Liability of directors etc for offences by corporation—accessory to the commission of the offences
(1)  For the purposes of this section, a corporate offence is an offence against this Act or the regulations that is capable of being committed by a corporation, whether or not it is an executive liability offence referred to in section 175B.
(2)  A person commits an offence against this section if:
(a)  a corporation commits a corporate offence, and
(b)  the person is:
(i)  a director of the corporation, or
(ii)  an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and
(c)  the person:
(i)  aids, abets, counsels or procures the commission of the corporate offence, or
(ii)  induces, whether by threats or promises or otherwise, the commission of the corporate offence, or
(iii)  conspires with others to effect the commission of the corporate offence, or
(iv)  is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.
Maximum penalty: The maximum penalty for the corporate offence if committed by an individual.
(3)  The prosecution bears the legal burden of proving the elements of the offence against this section.
(4)  The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.
(5)  This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.
(6)  This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.
177   (Repealed)
178   Recovery of charges
(1)  Any charge, fee or money recoverable by the Chief Executive or an officer of the Service under the provisions of this Act or the regulations may be recovered as a debt or liquidated demand in a court of competent jurisdiction.
(2)  The amount of any royalty due and payable under this Act or the regulations and unpaid may be recovered as a debt due to the Chief Executive from the person liable to pay that amount in a court of competent jurisdiction.
(3)    (Repealed)
179   
(Renumbered as sec 191)
180   Continuance of authority
Any person duly authorised by the Chief Executive under any section of this Act to do any act or thing or take any proceedings shall continue to be so authorised notwithstanding that the Chief Executive who authorised that person has ceased to hold office as Chief Executive, but any such authority may be cancelled at any time by the person for the time being occupying the office of Chief Executive.
181   
(Renumbered as sec 197)
182   Morton National Park
(1)  In this section:
Authority means the Sydney Catchment Authority.
Park means Morton National Park.
(2)  The following provisions shall apply to and in respect of the Park:
(a)  the Authority may continue and complete surveys and investigations for determining the location of a dam for water supply purposes and of a reservoir and ancillary works in connection therewith including pipelines and power lines, situated wholly or partly within the Park,
(b)  the site of the dam and of the reservoir and ancillary works shall be determined by agreement between the Minister and the Authority,
(c)  where the site has been so determined, the Governor may, notwithstanding section 37, by notification published in the Gazette:
(i)  revoke the reservation of the Park as to so much of the lands reserved as are within that site, and
(ii)  declare those lands to be vested in the Authority,
and thereupon those lands shall vest in the Authority, and
(d)  the Minister may, from time to time, grant to the Authority such easements and licences over lands within the Park for pipelines, power lines and other purposes as may be necessary for or in connection with the use and operation of the dam and reservoir and ancillary works.
(3)  Anything done under or for the purposes of section 21 (2) of the Act of 1967 shall be deemed to have been done under or for the purposes of this section.
183   Macquarie Pass National Park
(1)  In this section:
Commission means the Water Resources Commission.
Park means Macquarie Pass National Park.
(2)  The following provisions shall apply to and in respect of the Park:
(a)  the Commission may continue and complete surveys and investigations for determining the location of a dam for domestic, stock and irrigation purposes and ancillary works in connection therewith including pipelines and power lines, situated wholly or partly within the Park,
(b)  the site of the dam and ancillary works shall be determined by agreement between the Minister and the Commission, and
(c)  the Minister may, from time to time, upon such terms as the Minister thinks fit grant to the Commission such easements and licences over lands within the Park for pipelines, power lines and other purposes as may be necessary for or in connection with the use and operation of the dam and ancillary works.
(3)  Anything done under or for the purposes of section 21 (3) of the Act of 1967 shall be deemed to have been done under or for the purposes of this section.
184   Bouddi National Park
(1)  The Governor may, by proclamation published in the Gazette, declare that this section applies to such of the lands comprised in Bouddi National Park as are described in the proclamation.
(2)  Upon the publication of the proclamation under subsection (1), the lands described in the proclamation shall cease to be part of Bouddi National Park and shall be deemed to have been reserved as a national park.
(3)  Without affecting the generality of section 36, a reference in that section to a proclamation includes a reference to the proclamation under subsection (1).
184A   RMS roads within Kosciuszko National Park
(1)  In this section:
RMS means Roads and Maritime Services constituted under the Transport Administration Act 1988.
the excised land means land in the lots described in Schedule 16.
Note.
 The plans referred to in Schedule 16 were, when this section commenced, held at the RTA Property and Land Information Branch, Centennial Plaza, Elizabeth Street, Sydney. It is intended that the plans will be registered as deposited plans.
(2)  On the commencement of this section:
(a)  the reservation under this Act of the excised land as part of Kosciuszko National Park is revoked, and
(b)  the excised land vests in RMS for an estate in fee simple, freed and discharged from any trusts, obligations, estates, interests and rights-of-way or other easements existing immediately before its vesting.
(3)  Without affecting the generality of subsection (2), any lease or sublease of, or licence relating to, any land that consisted of or included excised land immediately before the vesting of the excised land by this section does not apply to the excised land after the vesting, but is not otherwise affected by the vesting.
(4)  Persons authorised in that behalf by RMS may enter (and remain for as long as may reasonably be necessary on) land adjoining or adjacent to excised land, with or without vehicles, plant and equipment, after giving reasonable notice to the Chief Executive and any lessee or sublessee (or, in an emergency, without notice), for the purpose of:
(a)  inspecting, building, rebuilding, repairing or maintaining roads on the excised land and ancillary infrastructure (such as drainage works) on the excised land or the adjoining or adjacent land, or
(b)  inspecting, placing, replacing, removing, repairing, maintaining or augmenting devices on the adjoining or adjacent land that measure hydrological features or land movement relating to use of the excised land for the purpose of roads.
(5)  Despite any lease or licence entered into before or after the commencement of this section, any such ancillary infrastructure or device (whether or not a fixture) placed on the adjoining or adjacent land before or after the commencement of this section by a person authorised by RMS:
(a)  is the property of RMS, and
(b)  without giving rise to an action in nuisance, may remain and be used on that land.
(6)  No compensation is payable by the Minister, RMS or any lessee, sublessee or licensee, or by any person claiming through any lessee, sublessee or licensee, as a consequence of the operation of subsection (2), (3), (4) or (5).
(7)  For the purposes only of provisions of this Act and the regulations (including provisions relating to the control of traffic) that are necessary for park management purposes and the collection of fees for park use, the excised land is taken to be reserved as part of Kosciuszko National Park.
(8)  Subsection (7) does not have the effect of:
(a)  preventing or restricting the carrying out of development for the purpose of roads on the excised land by or on behalf of RMS, or
(b)  restricting the operation of the road transport legislation with respect to roads or road related areas within the meaning of section 4 (1) of the Road Transport Act 2013 or the operation of the Roads Act 1993 with respect to public roads, or
(c)  authorising the erection of any device if the erection of the device is inconsistent with a function exercisable under the Road Transport Act 2013 with respect to roads or road related areas within the meaning of section 4 (1) of that Act or under the Roads Act 1993 with respect to public roads.
(9)  This section does not operate to extinguish any native title rights and interests, within the meaning of the Native Title Act 1993 of the Commonwealth, existing in relation to the excised land before its vesting by this section.
(10)  However, this section does not affect any extinguishment of native title rights and interests by the operation of the Native Title Act 1993 of the Commonwealth or the Native Title (New South Wales) Act 1994.
185   Catchment areas and special areas
(1)  In this section, the Acts means the Sydney Water Act 1994, the Sydney Water Catchment Management Act 1998, the Hunter Water Act 1991 and the Water Management Act 2000.
(2)  Nothing in this Act affects the operation of any of the provisions of any of the Acts in relation to lands within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, in so far as those provisions relate to catchment areas or special areas.
(3)  Without affecting the generality of subsection (2), nothing in this Act:
(a)  affects, or affects the operation of, any order or regulation under any of the Acts relating to a catchment area or special area and in force at the time of the reservation of any lands as, or as part of, a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, being lands to which the order or regulation relates, or
(b)  affects the power of the Governor to make any order or regulation under any of the Acts in relation to any lands within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area.
(4)  Despite any other provision of this Act, a lease, licence, easement or right of way must not be granted under this Act in respect of any land within a special area within the meaning of:
(a)  the Sydney Water Catchment Management Act 1998, except with the concurrence of the Sydney Catchment Authority, or
(b)  the Hunter Water Act 1991, except with the concurrence of the Hunter Water Corporation and the Secretary of the Department of Industry, Skills and Regional Development.
(5)  Notwithstanding subsection (2) or (3) or any provision of any of the Acts, neither the Sydney Water Corporation nor the Sydney Catchment Authority nor the Hunter Water Corporation nor the Secretary of the Department of Industry, Skills and Regional Development shall, except with the concurrence in writing of the Chief Executive, undertake or arrange for the cutting and marketing of timber of commercial value on lands within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area that are also lands within a catchment area or special area.
185A   Special areas under the Hunter Water Act 1991
(1)  This section applies to land that:
(a)  is reserved as a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, and
(b)  is wholly or partly within a special area within the meaning of the Hunter Water Act 1991.
(2)  Except as provided by this section, nothing in any provision of, or made under, this Act prevents or prohibits, or requires authorisation for, development for the purpose of the extraction, treatment, reticulation or replenishment of groundwater if the development is:
(a)  carried out, by or on behalf of the Hunter Water Corporation, on land to which this section applies, and
(b)  authorised or permitted under the Environmental Planning and Assessment Act 1979 (whether before, on or after the commencement of this section).
(3)  Subsection (2) extends to:
(a)  development for the purpose of any pumping station, or other infrastructure, that is connected with or incidental to the extraction, treatment, reticulation or replenishment of groundwater, or
(b)  development for the purpose of the installation, replacement or maintenance of sealed sewerage pipes and of pumps, and the use of those pipes and pumps for conveying sewage (but not any other development for the purpose of sewage discharge or treatment).
(4)  For the avoidance of doubt, a lease, licence to occupy or use, or an easement or right of way through, on or in, land to which this section applies is not required to enable development to be carried out in accordance with this section.
(5)  Development carried out in accordance with this section may be carried out despite any plan of management applying to the land to which this section applies. However, no operations (including any development) are to be carried out on that land, on or after the adoption of any such plan prepared by the Chief Executive (or a local council) and the Chief Executive Officer of the Hunter Water Corporation as referred to in section 75, unless the operations are in accordance with the plan.
(6)  If an environmental planning instrument provides that development referred to in subsection (2) is permitted on the land to which this section applies if it is authorised under this Act, the development is taken to be authorised under this Act if it is otherwise authorised or permitted under the Environmental Planning and Assessment Act 1979.
(7)  Without affecting the generality of section 185, nothing in any provision of, or made under, this Act affects a prohibition or restriction imposed by or under the Hunter Water Act 1991 or the Water Management Act 2000 in its application to the land to which this section applies.
(8)  For the avoidance of doubt, this section prevails over section 47I.
(9)  In this section:
development has the same meaning as it has in the Environmental Planning and Assessment Act 1979 and includes an activity within the meaning of Part 5 of that Act.
environmental planning instrument has the same meaning as it has in the Environmental Planning and Assessment Act 1979.
186   Requirement for examination
(1)  The Minister shall not grant:
(a)  an approval under section 39 (3) or 47H (3),
(b)  a concurrence under section 40 (2), 41 (4), 44 (2) or 47J (3) or (4),
(c)  a lease of lands or licence under section 151 (1) or 153B (2),
(d)  a franchise under section 152 (3), or
(e)  an easement or right of way under section 153 (1) or 153B (2),
except after the fullest examination.
(2)  The Chief Executive shall not grant:
(a)  a concurrence under section 53 (2) or 185 (5), or
(b)  a licence under section 152 (1),
except after the fullest examination.
(3)  Subsection (1) extends to:
(a)  an approval under section 39 (3), and
(b)  a concurrence under section 41 (4) or 44 (2),
as applied by this Act to state conservation areas, regional parks, nature reserves, karst conservation reserves or Aboriginal areas.
187   Administration of existing interests in reserved land
(1)  In this section, existing interest means a lease, licence, permit, authority, authorisation or occupancy under the Forestry Act 2012 or Crown land Acts:
(a)  in relation to land reserved under this Act immediately before the commencement of this section—in force on that commencement, or
(b)  in relation to land reserved under this Act on or after the commencement of this section—in force at the date on which the land was so reserved.
(2)  The administration of matters relating to existing interests, to the extent that those interests affect any land reserved under this Act, is vested in the Minister.
(3)  For the purposes of subsection (2), the Minister has:
(a)  in respect of existing interests under the Forestry Act 2012, the powers of the Minister administering that Act and of the Forestry Corporation, and
(b)  in respect of existing interests under the Crown land Acts, the powers of the Minister administering the Crown Land Management Act 2016.
(c), (d)    (Repealed)
(4)  In this section:
Crown land Acts means each of the following:
188   Administration of existing telecommunications interests
(1)  In this section:
broadcasting or telecommunications facility means a facility used for the purpose of providing broadcasting services within the meaning of the Broadcasting Services Act 1992 of the Commonwealth, or a facility within the meaning of the Telecommunications Act 1997 of the Commonwealth:
(a)  the use of which is authorised under the Forestry Act 2012 or Crown Land Management Act 2016, or
(b)  that was lawfully constructed under Commonwealth legislation and exempted at the time of construction under that legislation from the requirement for authorisation under State legislation.
existing facility means a broadcasting or telecommunications facility situated on land reserved under this Act and in existence on the relevant date.
relevant date means, in relation to a broadcasting or telecommunications facility:
(a)  if the land on which the facility is situated was reserved under this Act immediately before the commencement of this section—the date of that commencement, or
(b)  if the land on which the facility is situated is reserved under this Act on or after the commencement of this section—the date on which the land was so reserved.
(2)  At the request of a person who is the owner of an existing facility, the Minister may grant the person a lease or licence under this section for the purposes of enabling the facility to be used and maintained.
(3)  The Minister may grant a lease or licence under this section in respect of an existing facility to which paragraph (b) of the definition of broadcasting or telecommunications facility in subsection (1) applies only if the facility is no longer exempt from the requirement to be authorised under State legislation at the date of the grant of the lease or licence.
(4)  On the grant of a lease or licence under this section in respect of an existing facility, any authorisation referred to in paragraph (a) of the definition of broadcasting or telecommunications facility in subsection (1) in respect of the facility is revoked.
(5)  Any lease or licence granted under this section is subject to such terms and conditions as the Minister may determine.
(6)  This section does not limit section 187.
188A   General exemption for officers enforcing the Act or the regulations
The following persons are not guilty of an offence under this Act or the regulations only because of something done by the person while exercising a function in relation to determining whether there has been compliance with or a contravention of this Act or the regulations:
(a)  an authorised officer,
(b)  an officer of the Service.
188B   Non-application of section 138 of Roads Act 1993
Section 138 of the Roads Act 1993 does not apply to anything done under a provision of this Act in relation to a road that is, or is on, land reserved under this Act.
188C   Adjustment of boundaries of reserved and acquired lands
(1)  This section applies to the following land:
(a)  land reserved under this Act,
(b)  land acquired under Part 11.
(2)  The boundary of any land to which this section applies that adjoins a public road may be adjusted from time to time to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the formed path of the road.
(3)  An adjustment of the boundary of land is to be made by the Chief Executive by a notice published in the Gazette.
(4)  A notice under this section may only be published with the approval of:
(a)  the Minister, and
(b)  to the extent that the notice applies to any Crown road—the Minister administering the Crown Land Management Act 2016, and
(c)  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, and
(d)  to the extent that the notice applies to land that is reserved under Part 4A—the relevant board of management.
(5)  The Chief Executive 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 land reserved under this Act.
(6)  The Chief Executive may, in a notice published under this section, declare that:
(a)  any such land (described in the notice) is part of the public road concerned and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993, 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 and becomes part of the land subject to the provisions of this Act that adjoins that land.
A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993.
(7)  Nothing in this section permits the adjustment of the boundary of any land acquired under Part 11 if it would contravene any condition of a gift or an agreement by or under which the land had been acquired.
(8)  In this section:
appropriate set back, in relation to a carriageway of a road, includes a set back that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.
classified road, Crown 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.
188D   Provisions relating to certain existing access roads on National Park Estate lands
(1) Maintenance and improvement works The Chief Executive may authorise work to be carried out for the maintenance or improvement of an access road.
(2)  Work authorised under this section may only be carried out to enable the access road to continue to be used for the purposes for which the road was used before land on which the road is situated was vested in the Minister.
(3)  Such maintenance and improvement work may be carried out even if it involves ancillary work on reserved land that adjoins the land on which the access road is situated.
(4)  The carrying out of work authorised under this section is not a contravention of this Act or the regulations.
(5) Determination of width of existing access roads At the time an exclusion order is made, the Minister may, by order published in the Gazette, determine a width (not being a width greater than 30 metres) for an access road that is to be excluded from reservation under this Act by the exclusion order.
Note.
 Under the various provisions relating to access roads on National Park Estate lands, certain access roads were vested in the Minister as land acquired under Part 11 and not reserved under this Act. These provisions require the Minister to determine within specified times whether those access roads are to be excluded from reservation (and remain as land acquired under Part 11) or included in the reserved lands surrounding them.
(6)  An order under subsection (5) may:
(a)  be made only with the concurrence of the Minister administering the Forestry Act 2012, and
(b)  be made by the same order that constitutes the exclusion order concerned, and
(c)  only be made if the Minister has determined it is appropriate after considering:
(i)  the objects of this Act, and
(ii)  whether a road of the determined width is necessary to provide access to land in the vicinity of the road or to provide an appropriate set back (within the meaning of section 188C) from the carriageway of the road.
(7)  On the making of an order under subsection (5):
(a)  land of the determined width that follows the centreline of the access road (as it existed before the order was made) vests, if it is not already vested, in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from:
(i)  all trusts, obligations, estates, interests, rights of way or other easements, and
(ii)  any dedication, reservation, Crown grant or vesting to which the land is subject, and any such dedication, reservation, grant or vesting is revoked, and
(b)  the land referred to in paragraph (a) is taken to be an access road and may continue to be used for the purposes for which it was used immediately before the making of the order, and
(c)  if any land was vested in the Minister by virtue of being an access road, but is not covered by the land referred to in paragraph (a), the land is reserved as part of the reserved land within which it is situated.
(8)  Subsection (7) (a) (i) does not apply in relation to a right of way granted under section 20A of the Forestry Act 1916 that is taken to have continued in force (as if it were granted under section 149 or 153 of this Act) by clause 8 (11) of Schedule 7 to the National Park Estate (Southern Region Reservations) Act 2000.
(9) Definitions In this section:
access road means an access road to which any of the following provisions apply:
(b)  clause 7 of Schedule 7 to the Forestry and National Park Estate Act 1998,
(d)  clause 7 of Schedule 8 to the National Park Estate (Reservations) Act 2002,
(e)  clause 6 of Schedule 5 to the National Park Estate (Reservations) Act 2003,
(f)  clause 5 of Schedule 6 to the National Park Estate (Reservations) Act 2005,
exclusion order means an order under any of the following provisions that excludes an access road from reservation under this Act:
(a)  clause 5 (5) of Schedule 9 to the Brigalow and Nandewar Community Conservation Area Act 2005,
(b)  clause 7 (5) of Schedule 7 to the Forestry and National Park Estate Act 1998,
(d)  clause 7 (6) of Schedule 8 to the National Park Estate (Reservations) Act 2002,
(e)  clause 6 (7) of Schedule 5 to the National Park Estate (Reservations) Act 2003,
(f)  clause 5 (7) of Schedule 6 to the National Park Estate (Reservations) Act 2005,
(g)  clause 8 (6) of Schedule 7 to the National Park Estate (Southern Region Reservations) Act 2000,
(i)  clause 5 (7) of Schedule 9 to the National Park Estate (Riverina Red Gum Reservations) Act 2010.
188E   Continuing effect of notices, directions and conditions of licences and permits
(1)  A notice or direction given, or a condition of a licence or permit imposed, under this Act or the regulations that specifies a time by which, or period within which, the notice, direction or condition must be complied with continues to have effect until the notice, direction or condition is complied with even though the time has passed or the period has expired.
(2)  A notice or direction, or a condition of a licence or permit, that does not specify a time by which, or period within which, the notice, direction or condition must be complied with continues to have effect until the notice, direction or condition is complied with.
(3)  This section does not apply to the extent that any requirement under a notice or direction, or a condition of a licence or permit, is revoked.
(4)  Nothing in this section affects the enforcement of a notice or direction or a condition of a licence or permit.
188F   Public register
(1)  The Chief Executive is to establish and keep a public register in accordance with this section.
(2)  The register is to contain the following:
(a)  details of each application for an Aboriginal heritage impact permit made to the Chief Executive,
(b)  details of each decision of the Chief Executive made in respect of any such application,
(c)  details of each Aboriginal heritage impact permit issued by the Chief Executive,
(d)  details of each variation of an Aboriginal heritage impact permit (including the conditions of any permit),
(e)  details of each decision to suspend, revoke or approve the surrender of any such Aboriginal heritage impact permit (including details of any conditions to which it is subject),
(f)  details of each Aboriginal place declared under section 84,
(g)  details of each remediation direction under Division 3 of Part 6A given by the Chief Executive,
(h)  details of convictions in prosecutions under this Act or the Threatened Species Conservation Act 1995,
(i)  the results of civil proceedings before the Land and Environment Court under this Act or the Threatened Species Conservation Act 1995,
(j)  details of such other matters as are prescribed by the regulations (relating to matters under or relevant to this Act or the Threatened Species Conservation Act 1995).
(3)  The register may be kept in any form determined by the Chief Executive. Different parts of the register may be kept in different forms.
(4)  The regulations may authorise the removal from the register of any matter concerning applications that were not granted, or permits or directions that are no longer in force.
(5)  For the purposes of this section, details of a matter means:
(a)  particulars of the matter, or
(b)  a copy of the matter, or
(c)  any electronic or other reproduction of the matter.
188G   Public availability of register
(1)  A copy of the public register is to be available for public inspection at the head office of the Office and at such other places as the Chief Executive thinks fit.
(2)  An extract of the register may be obtained by members of the public from the Chief Executive.
(3)  The regulations may prescribe any or all of the following:
(a)  the means by which the register can be inspected,
(b)  the hours when the register can be inspected and when extracts can be obtained,
(c)  fees for the inspection of the register,
(d)  fees for extracts of the register.
(4)  The register can be inspected or extracts can be obtained during ordinary office hours, and on payment of fees determined by the Chief Executive, in the absence of regulations prescribing these matters.
Note.
 Access to information may be limited by the operation of section 161 of this Act.