You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (1974 - 80)
Skip contents
National Parks and Wildlife Act 1974 No 80
Current version for 25 August 2017 to date (accessed 21 September 2017 at 14:53)
Part 4 Division 4
Division 4 State conservation areas
47A   Definition
In this Division:
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.
47B   Reservation of state conservation areas
(1)    (Repealed)
(2)  On the publication of a notice under Division 1 reserving land as a state conservation area:
(a)  the land described in the notice becomes Crown land to the extent to which it was not Crown land immediately before that publication, and
(b)  if trustees of all or any of the land so described were holding office under any other Act in respect of the land immediately before that publication, those trustees cease to hold office in respect of that land, and
(c)  the care, control and management of the land so described vests:
(i)  in the Chief Executive, or
(ii)  if a state conservation area trust is established in respect of the land—in the state conservation area trust.
(3)  To the extent to which a dedication, reservation (other than a reservation under Division 1 of land as a state conservation area) or vesting affects land described in a notice published under Division 1 reserving land as a state conservation area, the publication revokes the dedication, reservation or vesting, and the instruments of title (if any) are to be surrendered for cancellation or notation.
(4)  A notice under Division 1 may be made in relation to one or more state conservation areas.
(5)  Schedule 9A (Transfer of assets, rights and liabilities) has effect.
47BA   (Repealed)
47C   Care, control and management of state conservation areas reserved under Part 4A
(1)  Despite section 47B, on the publication of a notice under Part 4A reserving land as a state conservation area, the Chief Executive has the care, control and management of the state conservation area until such time as a board of management is established for the state conservation area.
(2)  On the establishment of a board of management for the state conservation area, the board of management has the care, control and management of the state conservation area.
47D   Tabling of notification of reservation, and disallowance
(1)  A copy of a notice published under Division 1 reserving land as a state conservation area shall be laid before each House of Parliament within the prescribed time after publication thereof.
(2)  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 (1) (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 state conservation area:
(a)  the reservation thereupon ceases to have effect, and
(b)  those lands cease to be, or to be part of, a state conservation area.
(3)  If any land ceases to be, or to be part of, a state conservation area by virtue of a disallowance of a reservation under this Division:
(a)  the Chief Executive, or any state conservation area trust appointed as trustee of the land, ceases to have the care, control and management of the land, and
(b)  the land may be dealt with as if it had been acquired by the Minister under Part 11.
(4)    (Repealed)
47E, 47F   (Repealed)
47G   Limitation on use of expression “state conservation area”
The expression “state conservation area” shall not be used either alone or in conjunction with other words as the name of any lands used for the purpose of public recreation and enjoyment unless the lands are within a state conservation area reserved under this Division.
47GA   State conservation area trusts for certain state conservation areas
(1)  The Minister may, by notice published in the Gazette, establish and name a state conservation area trust and appoint it as trustee of any one or more of the following state conservation areas (or as trustee of any one or more parts of one or more of the following state conservation areas):
(a)  Arakoon state conservation area,
(b)  Bents Basin state conservation area,
(c)  Cape Byron state conservation area.
(2)  A state conservation area trust established under this section is constituted by this Act as a corporation having as its corporate name the name assigned to the trust in the notice of its establishment. The Minister may, by notice published in the Gazette, change the corporate name of a state conservation area trust.
(3)  A state conservation area trust:
(a)  has the care, control and management of any state conservation area (or part of a state conservation area) of which it is appointed trustee, and
(b)  has the powers and functions conferred or imposed on it by or under this or any other Act.
(4)  If the Chief Executive had the care, control and management of the state conservation area immediately before the establishment of the state conservation area trust, any thing done or entered into by the Chief Executive in connection with the state conservation area is taken to have been done or entered into by the state conservation area trust.
(5)  If a state conservation area trust is appointed as trustee of more than one state conservation area (or more than one part of a state conservation area), a reference in this Act to the state conservation area (or part of the area) in relation to the state conservation area trust includes a reference to any one or more of the state conservation areas (or any one or more of the parts of the state conservation area) of which the state conservation area trust has been appointed as trustee.
47GB   State conservation area trust boards
(1)  There is to be a trust board established in respect of each state conservation area trust.
(2)  A trust board is to consist of:
(a)  at least 3, but no more than 7, members appointed by the Minister, and
(b)  the holder of any office, or the holders of any offices, that the Minister considers appropriate.
(3)  The affairs of a state conservation area trust are to be managed by the trust board.
(4)  A trust board is subject to the control and direction of the Chief Executive.
(5)  Schedule 10 has effect with respect to the members and procedure of a trust board.
47GC   (Repealed)
47GD   Reports by state conservation area trusts
(1)  A state conservation area trust must:
(a)  provide reports to the Chief Executive at such times, concerning such matters, and specifying such information, as may be required by the Chief Executive, and
(b)  keep such records as may be required by the Chief Executive.
(2)  A state conservation area trust must, at the request of the Chief Executive:
(a)  give the Chief Executive such information as the Chief Executive requires in relation to the operations of the trust, and
(b)  send to the Chief Executive such records kept by the state conservation area trust as the Chief Executive requires (including accounting records).
47GE   Inspection of state conservation area trust
(1)  The Chief Executive may appoint a person to inquire into, or carry out an audit of, any of the affairs of a state conservation area trust.
(2)  The appointed person may, for the purposes of the inquiry or audit:
(a)  inspect and take copies of or extracts from any records (including accounting records) of the trust, and
(b)  require any person concerned in the management of the state conservation area trust to give information and answer questions relating to the affairs of the state conservation area trust.
(3)  The power of the appointed person to inspect the records of a state conservation area trust includes the power to inspect the records of a lessee or licensee which the trust has power to inspect under the lease or licence.
(4)  A person must not:
(a)  without lawful excuse, refuse or fail to allow the appointed person access to records to which the appointed person is entitled, or
(b)  without lawful excuse, refuse or fail to give information or answer questions, as required by the appointed person, or
(c)  wilfully obstruct or delay the appointed person in the exercise of a power under this section.
Maximum penalty: 5 penalty units.
47GF   Removal of trust board members and appointment of administrator
(1)  The Minister may, by notice published in the Gazette:
(a)  remove any or all of the members of a state conservation area trust board from office, or
(b)  remove all the members of a state conservation area trust board from office and appoint a person as the administrator of the state conservation area trust concerned.
(2)  If an administrator is appointed:
(a)  the affairs of the state conservation area trust are to be managed by the administrator, and
(b)  the administrator has and may exercise all the functions of the state conservation area trust.
(3)  Subject to this Act, an administrator holds office for such period as may be specified in the administrator’s instrument of appointment.
(4)  The Minister may remove an administrator from office at any time.
(5)  An administrator is entitled to be paid such remuneration as the Minister may direct. The office of administrator is not, for the purposes of any Act, an office or place of profit under the Crown.
47GG   Dissolution of state conservation area trusts
(1)  The Minister may, by notice published in the Gazette, dissolve a state conservation area trust. A notice takes effect on the date of publication or such later date as is specified in the notice.
(2)  Schedule 9A (Transfer of assets, rights and liabilities) has effect.
47H   Existing interests
(1)  In this section, existing interest means any authority, authorisation, permit, lease, licence or occupancy.
(2)  Except as provided by this Act, the reservation of lands as, or as part of, a state conservation area 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 to 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 state conservation area within which they are situated, hereby so reserved.
47I   Restrictions on dealing with land in state conservation areas
(1)  Despite anything in this or any other Act, land within a state conservation area is not to be dealt with except as provided under this Act.
(2)  Without limiting the generality of subsection (1), land within a state conservation area is not to be dedicated, reserved or otherwise dealt with under Part 5 of the Crown Lands Act 1989.
47J   Provisions relating to mining
(1)  In this section, mining interest means:
(a)  any mining lease under the Mining Act 1992, or
(b)  any mining licence under the Offshore Minerals Act 1999, or
(c)  any lease under the Petroleum (Onshore) Act 1991.
(2)  Subject to this section, the Mining Act 1992, the Offshore Minerals Act 1999, the Petroleum (Onshore) Act 1991 and the Petroleum (Offshore) Act 1982 apply, at any time, to lands within a state conservation area to the extent to which those Acts are in force at that time.
(3)  A mining interest shall not be granted in respect of lands within a state conservation area without the concurrence in writing of the Minister.
(4)  A renewal of, or extension of the term of, a mining interest in respect of lands within a state conservation area (other than an existing interest referred to in section 47H) shall not be granted under the Mining Act 1992, the Offshore Minerals Act 1999 or the Petroleum (Onshore) Act 1991 without the concurrence in writing of the Minister.
(5)  Except as provided in this section, nothing in this Division affects the right, title or interest of any person (other than a person who is or was trustee of the lands comprised in a state conservation area) in respect of minerals in any such lands.
(6)  A mineral claim must not be granted under the Mining Act 1992 over any lands within a state conservation area.
(7)  Where a provision of the Mining Act 1992 or the Offshore Minerals Act 1999 prevents, or has the effect of preventing, a person from exercising in lands within a state conservation area any of the rights conferred by either of those Acts or by an instrument under either of those Acts, except with the consent or an authorisation of the Minister for the time being administering the Mining Act 1992 or the Offshore Minerals Act 1999, as the case requires, that Minister shall not, in the case of any such lands, give consent or an authorisation under that provision without the approval of:
(a)  where the lands are not within an irrigation area or special land district as defined in the Crown Lands Act 1989—the Minister, or
(b)  where the lands are within such an irrigation area—the Minister for the time being administering the Water Management Act 2000, or
(c)  where the lands are within such a special land district—the Minister for the time being administering the Crown Lands Act 1989 obtained after consultation with the Minister administering the Water Management Act 2000.
47K   Application of certain other provisions
The provisions of sections 42, 43 and 44 apply to and in respect of a state conservation area in the same way as they apply to and in respect of a national park or historic site.
47L   Revocation or compulsory acquisition of state conservation areas
(1)  Despite anything in this or any other Act:
(a)  the reservation of land as, or as part of, a state conservation area is not to be revoked, or
(b)  land within a state conservation area is not to be appropriated or resumed, except by an Act of Parliament.
(2)  Nothing in subsection (1) prevents:
(a)  the compulsory acquisition under this Act of land within a state conservation area if the reservation of the land as, or as part of, the state conservation area is not affected by the compulsory acquisition, or
(b)  the withdrawal of land from, or the termination of, any lease, licence or occupancy in accordance with its terms and conditions, or
(c)  the revocation of the reservation of land as a state conservation area in accordance with section 47MA.
47M   Review of classification as state conservation area
(1)  The Minister is to review, every 5 years after the commencement of this section, the status of land within state conservation areas.
(2)  The review is to give reasons as to why each area of land within a state conservation area should or should not be reserved as a national park or nature reserve under section 47MA.
(3)  The results of the review are to be made available for public inspection free of charge, during ordinary office hours, at the head office of the Service and are to be published on the Internet by means of the website of the Service.
(4)  The review is to be undertaken in consultation with the Minister administering the Mining Act 1992.
47MA   Reservation of land in state conservation area as national park or nature reserve
(1)  The Governor may, by notice published in the Gazette, revoke the reservation of any land as a state conservation area or part of a state conservation area and reserve the land as a national park or nature reserve or as part of a national park or nature reserve.
(2)  The Governor may take action under subsection (1) only with the concurrence in writing of the Minister administering the Mining Act 1992.
(3)  Land that is the subject of an authority, lease, licence or permit under the Mining Act 1992, the Petroleum (Onshore) Act 1991, the Offshore Minerals Act 1999 or the Petroleum (Offshore) Act 1982 must not be reserved under this section as a national park or nature reserve, or as a part of a national park or nature reserve, during the term of that authority, lease, licence or permit (including any renewal).
(4)  A plan of management that applied to land immediately before its reservation as a national park or nature reserve (or as part of a national park or nature reserve) under subsection (1) continues to apply, to the extent to which it applied previously, to the land before that reservation, as a plan of management for the purposes of this Act.
(5)  A plan of management to which subsection (4) applies may be amended, altered, cancelled or substituted in accordance with Part 5.
47N   Special provisions relating to certain state recreation areas
(1)  This section applies to the following state recreation areas:
Copeton,
Lake Keepit,
Burrendong,
Lake Glenbawn,
Wyangala,
Grabine,
Killalea,
Burrinjuck (but only in respect of such part of the Burrinjuck state recreation area as is specified by the Chief Executive by notice published in the Gazette on or before the commencement of this section).
(2)  On the commencement of this section:
(a)  the reservation under this Act of land as a state recreation area to which this section applies is, by this section, revoked, and
(b)  the land comprising each of those former state recreation areas is taken to be land dedicated for the purposes of public recreation under Part 5 of the Crown Lands Act 1989, and
(c)  a reserve trust is taken to be established under Part 5 of the Crown Lands Act 1989 in respect of the land so dedicated, and
(d)  the trustees (if any) of each of those former state recreation areas are taken to be appointed as the members of a trust board for the reserve trust.
(3)  This section has effect despite section 47L.
(4)  Schedule 9A (Transfer of assets, rights and liabilities) has effect.