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Contents (1974 - 80)
National Parks and Wildlife Act 1974 No 80
Current version for 25 August 2017 to date (accessed 20 November 2017 at 10:59)
Part 4 Division 3
Division 3 National parks and historic sites
31   Care, control and management of parks and sites
(1)  The Chief Executive has the care, control and management of all national parks and historic sites except as provided by subsection (2).
(2)  On the establishment of a board of management for a national park or historic site reserved under Part 4A, the care, control and management of the park or site is vested in the board of management.
32   (Repealed)
33   Reservation of parks and sites
(1)–(3)    (Repealed)
(4)  On the publication in the Gazette of a notice under Division 1 reserving land as a national park or historic site:
(a)  the lands described in the notice become Crown lands to the extent to which they were not Crown lands immediately before that publication,
(b)  where a trustee of all or any part of the lands so described was holding office under any other Act immediately before that publication, the trustee shall cease to hold that office in respect of those lands or that part, as the case may be, and
(c)  the care, control and management of the lands so described shall vest in the Chief Executive.
(5)  On the publication of a notice under Division 1 effecting the reservation, as a particular national park or historic site, of any lands described in the notice (which lands are in this subsection referred to as the described lands):
(a)  any by-laws or rules and regulations that, immediately before that publication, applied to all of the described lands and not to any other lands:
(i)  shall continue to apply to the described lands, and
(ii)  shall be deemed to be regulations made under this Act and may be amended or repealed accordingly, and
(b)  any by-laws or rules and regulations that, immediately before that publication, applied to:
(i)  part only of the described lands, or
(ii)  all of the described lands and also to any other lands,
shall cease to apply to the described lands.
(6)  On the publication of a notice under Division 1 effecting the reservation as part of a particular national park or historic site, of any lands described in the notice (which lands are in this subsection referred to as the described lands):
(a)  any by-laws or rules and regulations that, immediately before that publication, applied to that national park or historic site shall apply to the described lands, and
(b)  any by-laws or rules and regulations that, immediately before that publication, applied to all or any part of the described lands shall cease to apply to the described lands.
(7)    (Repealed)
(8)  To the extent to which a dedication, reservation (other than a reservation under this Division), Crown grant or vesting affects lands described in a notice under Division 1, the publication revokes the dedication, reservation, grant or vesting, and the instruments of title (if any) shall be surrendered for cancellation or notation, as the case may require.
(9)  A notice under Division 1 may relate to:
(a)  one or more national parks or one or more historic sites, or
(b)  one or more national parks and one or more historic sites.
(10)    (Repealed)
34   (Repealed)
35   Tabling of notice of reservation, and disallowance
(1)  In this section, prescribed time, in relation to a House of Parliament, means 14 sitting days of that House, whether or not they occur during the same session.
(2)  A copy of a notice published under Division 1 reserving land as a national park or historic site shall be laid before each House of Parliament within the prescribed time after publication thereof.
(3)  Where a House of Parliament passes a resolution of which notice has been given within 15 sitting days of that House after a copy of a notice has been laid before it under subsection (2) (whether or not those sitting days occur during the same session) and the resolution disallows the reservation effected by the notice of any lands as, or as part of, a particular national park or historic site:
(a)  the reservation thereupon ceases to have effect, and
(b)  those lands cease to be, or to be part of, a national park or historic site.
(4)  Where any lands cease to be, or to be part of, a national park or historic site by virtue of the disallowance of a reservation under this Division:
(a)  the Chief Executive shall cease to have the care, control and management of those lands,
(b)  any by-laws applicable thereto immediately before the disallowance shall cease to apply to those lands, and
(c)  those lands may be dealt with as if they had been acquired under Part 11.
(5)    (Repealed)
36   (Repealed)
37   Revocation or compulsory acquisition of park or site
(1)  Notwithstanding anything in any Act:
(a)  the reservation of lands as, or as part of, a national park or historic site shall not be revoked, or
(b)  lands within a national park or historic site shall not be compulsorily acquired,
except by an Act of Parliament.
(1A)  Nothing in subsection (1) prevents the compulsory acquisition under this Act of lands within a national park or historic site if the reservation of the lands as, or as part of, the national park or historic site is not affected by the compulsory acquisition.
(2)  Nothing in subsection (1) prevents the withdrawal of land from or the termination of any lease, licence or occupancy in accordance with the terms and conditions thereof.
38   Limitation on use of name “national park”
The word “national” shall not be used either alone or in conjunction with other words as the name of a park within New South Wales unless the park is a national park under this Act.
39   Existing interests
(1)  In this section, existing interest means any authority, authorisation, permit, lease, licence or occupancy.
(2)  Except as provided in this Act, the reservation of lands as, or as part of, a national park or historic site does not affect:
(a)  the terms and conditions of any existing interest in respect of those lands from the Crown or the trustees, current and in force at the time of the reservation, or
(b)  the use permitted of those lands under the interest.
(3)  Subject to subsection (4), no such interest shall be renewed nor shall the term of any such interest be extended except with the approval of the Minister and subject to such conditions as the Minister determines.
(4)  The provisions of subsection (3) do not apply to any authority, lease or licence under the Mining Act 1992, the Offshore Minerals Act 1999, the Fisheries Management Act 1994 or the Petroleum (Onshore) Act 1991, or any permit or licence under the Petroleum (Offshore) Act 1982.
(5)  Upon the termination, surrender, forfeiture or determination of any existing interest (otherwise than for the purpose of renewing it or extending its term) referred to in subsection (2), the lands the subject of the interest are, to the extent to which they would not, but for this subsection, be lands reserved as part of the national park or historic site within which they are situated, hereby so reserved.
40   Restrictions on disposal of or dealing with lands within parks or sites
(1)  Notwithstanding anything in the Crown Lands Consolidation Act 1913 or any other Act, no lands within a national park or historic site shall be sold, leased or otherwise dealt with except as provided in this Act or in the Snowy Hydro Corporatisation Act 1997.
(2)  No permit to graze over any part of a travelling stock reserve or camping reserve under the care, control and management of Local Land Services, which reserve is situated within the external boundaries of a national park or historic site, shall be granted except with the concurrence in writing of the Minister.
(3)  A permit referred to in subsection (2) may be granted subject to such conditions as the Minister determines.
41   Mining
(1)  It is unlawful to prospect or mine for minerals in a national park or historic site, except as expressly authorised by an Act of Parliament.
(2)  The Mining Act 1992, the Offshore Minerals Act 1999, the Petroleum (Onshore) Act 1991 and the Petroleum (Offshore) Act 1982 do not apply to or in respect of lands within a national park or historic site.
(3)  This section does not apply to or in respect of existing interests, or the renewal or extension of the term of any such interest, as referred to in section 39.
(4)  The Minister may, subject to such terms and conditions as the Minister may determine from time to time, approve of prospecting for minerals being carried out on behalf of the Government in a national park or historic site by a person nominated by the Minister for Minerals and Energy.
(5)  Such an approval has no force unless, before the approval is granted, notice of intention to grant the approval is laid before both Houses of Parliament and:
(a)  no notice of motion that the approval not be granted is given in either House of Parliament within 15 sitting days of that House after the notice of intention was laid before it, or
(b)  if notice of such a motion is given, the motion is withdrawn, is defeated or lapses.
(6)  A certificate by the Minister to the effect that the requirements of this section have been complied with in respect of an approval specified in the certificate is conclusive evidence of compliance with those requirements.
(7)  Except as provided by this section, nothing in this section affects the right, title or interest of any person in respect of minerals in any lands within a national park or historic site.
42   Application of Forestry Act 2012
(1)  The Forestry Act 2012 does not apply to or in respect of lands within a national park or historic site.
(2)  Notwithstanding anything in subsection (1), all licences and permits under the Forestry Act 2012 affecting lands within a national park or historic site shall, unless sooner cancelled under that Act, continue in force until the expiration of the respective terms for which they were granted, and that Act shall continue to apply to and in respect of those licences and permits until they respectively expire or are cancelled.
43   Application of Soil Conservation Act 1938
The Soil Conservation Act 1938 applies to and in respect of lands within a national park or historic site, but any experimental or research work conducted pursuant to section 6 of that Act upon those lands shall be undertaken only with the concurrence of the Chief Executive and subject to such conditions and restrictions as the Chief Executive may impose.
44   Application of Fisheries Management Act 1994
(1)  Subject to subsection (2), nothing in this Act affects the operation of the Fisheries Management Act 1994 in relation to lands within a national park or historic site.
(2)  A lease under the Fisheries Management Act 1994 shall not, without the concurrence in writing of the Minister, be granted in respect of lands within a national park or historic site or in respect of any waters beneath which those lands are submerged.
45   Provisions respecting animals in parks and sites
(1)  A person shall not:
(a)  harm any animal that is within a national park or historic site, or
(b)  discharge a prohibited weapon in a national park or historic site.
(2)  A person who commits an offence arising under subsection (1) is liable to the penalty prescribed by section 175 for an offence against this Act or to imprisonment for a term not exceeding 6 months or both.
(3)  A person shall not be convicted of an offence arising under subsection (1) if the person proves that the act constituting the offence was done:
(a)  under and in accordance with or by virtue of the authority conferred by a general licence under section 120, an occupier’s licence under section 121, a commercial fauna harvester’s licence under section 123 or a scientific licence under section 132C, or
(b)  in pursuance of a duty imposed on the person by or under any Act.
(4)  A person, being a lessee or occupier of any lands within a national park or historic site, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) in respect of the harming of any animal (other than fauna or an animal of a threatened species) that is within those lands, other than fauna.
(5)  The regulations may make provision for or with respect to exempting, subject to the prescribed conditions and restrictions (if any), any person or class or description of persons from the provisions of subsection (1).
(6)  This section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a national park or historic site are held by one or more Aboriginal Land Councils in accordance with Part 4A, or
(b)  any other Aboriginal person who has the consent of the Aboriginal owner board members,
from harming an animal within the park or site for domestic purposes or for ceremonial or cultural purposes (other than an animal of a threatened species or an animal protected by the plan of management for the park or site).
46   Transfer of rights, liabilities and property
(1)  Where upon the taking effect of a notice under Division 1 any persons cease to hold office as trustees of lands reserved as, or as part of, a national park or historic site and the care, control and management of the park or site are vested in the Chief Executive, the following provisions have effect:
(a)  all property and all right and interest therein (in this section referred to as the trust property) and all management and control of anything which immediately before that notice took effect was vested in or belonged to the trustees and was held or used by them for or in connection with the park or site shall vest in and belong to the Chief Executive,
(b)  all money and liquidated and unliquidated claims that, immediately before that notice took effect, were payable to or recoverable by the trustees or their predecessors in relation to the park or site or the trust property or any part thereof shall be money and liquidated and unliquidated claims payable to or recoverable by the Chief Executive,
(c)  all proceedings pending immediately before that notice took effect at the suit of the trustees in relation to the park or site or the trust property or any part thereof shall be deemed to be proceedings pending at the suit of the Chief Executive and all proceedings so pending at the suit of any person against the trustees shall be deemed to be proceedings pending at the suit of that person against the Chief Executive,
(d)  all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the trustees or their predecessors in relation to the park or site or the trust property or any part thereof, and in force immediately before that notice took effect, shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by, the Chief Executive,
(e)  the Chief Executive may, in addition to pursuing any other remedies or exercising any other powers that may be available to the Chief Executive, pursue the same remedies for the recovery of money and claims referred to in this subsection and for the prosecution of proceedings so referred to as the trustees or their predecessors might have done had they continued to be trustees of the park or site after that notice took effect,
(f)  the Chief Executive may enforce and realise any security or charge existing immediately before that notice took effect in favour of the trustees in connection with the care, control and management of the park or site, and may exercise any powers thereby conferred on the trustees as if the security or charge were a security or charge in favour of the Chief Executive,
(g)  all debts, money and claims, liquidated and unliquidated, that, immediately before that notice took effect, were due or payable by, or recoverable against, the trustees or their predecessors in connection with the care, control and management of the park or site or the trust property or any part thereof shall be debts due and money payable by, and claims recoverable against, the Chief Executive, and
(h)  all liquidated and unliquidated claims in connection with the care, control and management of the park or site for which the trustees would, but for the notice, have been liable shall be liquidated and unliquidated claims for which the Chief Executive shall be liable.
(2)  Where part only of the lands vested in trustees is, by a notice under Division 1, reserved as, or as part of, a national park or historic site and the care, control and management of the park or site are vested in the Chief Executive, the Chief Executive and the trustees shall, as soon as practicable after publication of that notice, arrange and agree upon a division of the assets, debts and liabilities of the trustees, so that the assets, debts and liabilities appropriate to the park or site and to the lands retained by the trustees may be determined, and if any difference arises between the Chief Executive and the trustees, the difference shall be determined in such manner as the Minister may direct.
(3)    (Repealed)
47   (Repealed)