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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 11:16)
Part 4 Division 9
Division 9 Wild rivers
59, 60   (Repealed)
61   Declaration of wild rivers
(1)  Subject to section 61A, the Chief Executive may, by notification published in the Gazette, declare any river or part of a river (when within lands reserved under this Act) to be a wild river.
(2)  The Chief Executive may, by further notification published in the Gazette, vary or revoke any such declaration.
(3)  The Chief Executive may make a declaration under subsection (1):
(a)  only with the concurrence of the Minister administering the Water Management Act 2000, if the declaration will have an impact on functions carried out under that Act, and
(b)  in respect of a river or part of a river in a state conservation area, only with the concurrence of the Minister administering the Mining Act 1992, if the declaration will have an impact on functions carried out under that Act.
(4)  The purpose of declaring a river or part of a river as a wild river is to identify, protect and conserve any water course or water course network, or any connected network of water bodies, or any part of those, of natural origin, exhibiting substantially natural flow (whether perennial, intermittent or episodic) and containing remaining examples, in a condition substantially undisturbed since European occupation of New South Wales, of:
(a)  the biological, hydrological and geomorphological processes associated with river flow, and
(b)  the biological, hydrological and geomorphological processes in those parts of the catchment with which the river is intrinsically linked,
so as to enable that river or part to be managed in accordance with subsection (5).
(5)  A wild river is to be managed in accordance with the following principles:
(a)  the restoration (wherever possible) and maintenance of the natural biological, hydrological and geomorphological processes associated with wild rivers and their catchments, including natural flow variability,
(b)  the identification, conservation and appropriate management of Aboriginal objects and Aboriginal places.
61A   Effect of declaration of wild river
(1)  Where a plan of management is in force with respect to any river or part of a river within lands reserved under this Act, a declaration shall not be made under section 61 with respect to that river or part of that river except in accordance with the plan.
(2)  A statutory authority shall not carry out development in relation to a wild river unless it has consulted with, and considered any advice given by, the Minister in relation to the development.
(3)  In this section, statutory authority and development have the same meanings as they have in Division 12.