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Contents (1974 - 80)
National Parks and Wildlife Act 1974 No 80
Current version for 25 August 2017 to date (accessed 23 November 2017 at 18:35)
Part 4
Part 4 Reservation of land
Division 1 Reservation of land
30A   Governor may reserve certain land
(1)  The Governor may, by notice published in the Gazette, reserve land as any of the following or as part of any of the following:
(a)  a national park,
(b)  a historic site,
(c)  a state conservation area,
(d)  a regional park,
(e)  a karst conservation reserve,
(f)  a nature reserve,
(g)  an Aboriginal area.
(2)  The Governor may in a notice reserving land under this Division, or another notice published in the Gazette, assign a name to the reserved land or alter its name.
30B   Land that may be reserved under this Division
Land may only be reserved under this Division if it is:
(a)  Crown lands, or
(b)  lands of the Crown, or
(c)  land acquired under section 145, 146 or 148, or
(d)  land in respect of which the National Parks and Wildlife Reserve Trust is appointed trustee under section 9 of the Forestry and National Park Estate Act 1998 or under section 8 of the National Park Estate (Southern Region Reservations) Act 2000, or
(e)  crown lands reserved under the Crown Lands Acts (within the meaning of the Crown Lands Act 1989).
30C   Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area
Despite section 30B, land must not be reserved as a national park, historic site, regional park, karst conservation reserve, nature reserve or Aboriginal area:
(a)  in the case of lands of the Crown, without the concurrence in writing of the Minister or public authority in whom or which they are vested, and
(b)  in the case of Crown lands referred to in paragraph (b) of the definition of Crown lands, without the concurrence in writing of the Minister administering the Fisheries Management Act 1994, and
(c)  in the case of Crown-timber lands within the meaning of the Forestry Act 2012, without the concurrence in writing of the Minister administering that Act.
30D   Limitation on reservation of land as state conservation area
Despite section 30B, land must not be reserved as a state conservation area:
(a)  in the case of lands of the Crown, without the concurrence in writing of the Minister or public authority in whom they are vested, and
(b)  in the case of Crown lands referred to in paragraph (b) of the definition of Crown lands, without the concurrence in writing of the Minister administering the Fisheries Management Act 1994, and
(c)  in the case of Crown-timber lands within the meaning of the Forestry Act 2012, without the concurrence in writing of the Minister administering that Act, and
(d)  without the concurrence in writing of the Minister administering the Mining Act 1992 or the Minister administering the Offshore Minerals Act 1999, as the case requires.
Division 2 Management principles
30E   National parks
(1)  The purpose of reserving land as a national park is to identify, protect and conserve areas containing outstanding or representative ecosystems, natural or cultural features or landscapes or phenomena that provide opportunities for public appreciation and inspiration and sustainable visitor or tourist use and enjoyment so as to enable those areas to be managed in accordance with subsection (2).
(2)  A national park is to be managed in accordance with the following principles:
(a)  the conservation of biodiversity, the maintenance of ecosystem function, the protection of geological and geomorphological features and natural phenomena and the maintenance of natural landscapes,
(b)  the conservation of places, objects, features and landscapes of cultural value,
(c)  the protection of the ecological integrity of one or more ecosystems for present and future generations,
(d)  the promotion of public appreciation and understanding of the national park’s natural and cultural values,
(e)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the conservation of the national park’s natural and cultural values,
(f)  provision for the sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the conservation of the national park’s natural and cultural values,
(fa)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the national park that is permitted under section 185A having regard to the conservation of the national park’s natural and cultural values,
(g)  provision for appropriate research and monitoring.
30F   Historic sites
(1)  The purpose of reserving land as a historic site is to identify, protect and conserve areas associated with a person, event or historical theme, or containing a building, place, feature or landscape of cultural significance so as to enable those areas to be managed in accordance with subsection (2).
(2)  A historic site is to be managed in accordance with the following principles:
(a)  the conservation of places, objects, features and landscapes of cultural value,
(b)  the conservation of natural values,
(c)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the conservation of the historic site’s natural and cultural values,
(d)  provision for the sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the conservation of the historic site’s natural and cultural values,
(da)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the historic site that is permitted under section 185A having regard to the conservation of the historic site’s natural and cultural values,
(e)  the promotion of public appreciation and understanding of the historic site’s natural and cultural values,
(f)  provision for appropriate research and monitoring.
30G   State conservation areas
(1)  The purpose of reserving land as a state conservation area is to identify, protect and conserve areas:
(a)  that contain significant or representative ecosystems, landforms or natural phenomena or places of cultural significance, and
(b)  that are capable of providing opportunities for sustainable visitor or tourist use and enjoyment, the sustainable use of buildings and structures or research, and
(c)  that are capable of providing opportunities for uses permitted under other provisions of this Act in such areas, including uses permitted under section 47J,
so as to enable those areas to be managed in accordance with subsection (2).
(2)  A state conservation area is to be managed in accordance with the following principles:
(a)  the conservation of biodiversity, the maintenance of ecosystem function, the protection of natural phenomena and the maintenance of natural landscapes,
(b)  the conservation of places, objects and features of cultural value,
(c)  provision for the undertaking of uses permitted under other provisions of this Act in such areas (including uses permitted under section 47J) having regard to the conservation of the natural and cultural values of the state conservation area,
(ca)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the state conservation area that is permitted under section 185A having regard to the conservation of the natural and cultural values of the state conservation area,
(d)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the conservation of the state conservation area’s natural and cultural values and with uses permitted under other provisions of this Act in such areas,
(e)  provision for the sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the conservation of the state conservation area’s natural and cultural values and with uses permitted under other provisions of this Act in such areas,
(f)  provision for appropriate research and monitoring.
30H   Regional parks
(1)  The purpose of reserving land as a regional park is to identify, protect and conserve areas in a natural or modified landscape that are suitable for public recreation and enjoyment so as to enable those areas to be managed in accordance with subsection (2).
(2)  A regional park is to be managed in accordance with the following principles:
(a)  the provision of opportunities, in an outdoor setting, for recreation and enjoyment in natural or modified landscapes,
(b)  the identification, interpretation, management and conservation of the park so as to maintain and enhance significant landscape values,
(c)  the conservation of natural and cultural values,
(d)  the promotion of public appreciation and understanding of the regional park’s natural and cultural values,
(e)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the conservation of the regional park’s natural and cultural values,
(f)  provision for the sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the conservation of the regional park’s natural and cultural values,
(g)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the regional park that is permitted under section 185A having regard to the conservation of the regional park’s natural and cultural values.
30I   Karst conservation reserves
(1)  The purpose of reserving land as a karst conservation reserve is to identify, protect and conserve areas, including subterranean land, containing outstanding or representative examples of karst landforms and natural phenomena so as to enable those areas to be managed in accordance with subsection (2).
(2)  A karst conservation reserve is to be managed in accordance with the following principles:
(a)  the conservation of the karst environment, including the protection of catchment values, such as hydrological processes and water quality,
(b)  the conservation of cultural values,
(c)  the protection of natural water movement and air movement regimes and processes within the karst environment,
(d)  the conservation of biodiversity, the maintenance of ecosystem function, the protection of the geological and geomorphological features and natural phenomena and the maintenance of natural landscapes, cave formations and fossil deposits,
(e)  provision for research and monitoring,
(f)  the promotion of public appreciation and understanding of the karst conservation reserve’s natural and cultural values,
(g)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the karst conservation reserve’s natural and cultural values,
(h)  provision for sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the conservation of the karst conservation reserve’s natural and cultural values,
(i)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the karst conservation reserve that is permitted under section 185A having regard to the conservation of the karst conservation reserve’s natural and cultural values.
30J   Nature reserves
(1)  The purpose of reserving land as a nature reserve is to identify, protect and conserve areas containing outstanding, unique or representative ecosystems, species, communities or natural phenomena so as to enable those areas to be managed in accordance with subsection (2).
(2)  A nature reserve is to be managed in accordance with the following principles:
(a)  the conservation of biodiversity, the maintenance of ecosystem function, the protection of geological and geomorphological features and natural phenomena,
(b)  the conservation of places, objects, features and landscapes of cultural value,
(c)  the promotion of public appreciation, enjoyment and understanding of the nature reserve’s natural and cultural values,
(d)  provision for appropriate research and monitoring,
(e)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the nature reserve that is permitted under section 185A having regard to the conservation of the nature reserve’s natural and cultural values.
30K   Aboriginal areas
(1)  The purpose of reserving land as an Aboriginal area is to identify, protect and conserve areas associated with a person, event or historical theme, or containing a building, place, object, feature or landscape:
(a)  of natural or cultural significance to Aboriginal people, or
(b)  of importance in improving public understanding of Aboriginal culture and its development and transitions,
so as to enable those areas to be managed in accordance with subsection (2).
(2)  An Aboriginal area is to be managed in accordance with the following principles:
(a)  the conservation of natural values, buildings, places, objects, features and landscapes of cultural value to Aboriginal people in accordance with the cultural values of the Aboriginal people to whose heritage the buildings, places, objects, features or landscapes belong,
(b)  the conservation of natural or other cultural values,
(c)  allowing the use of the Aboriginal area by Aboriginal people for cultural purposes,
(d)  the promotion of public understanding and appreciation of the Aboriginal area’s natural and cultural values and significance where appropriate,
(e)  provision for appropriate research and monitoring, in accordance with the cultural values of the Aboriginal people,
(f)  provision for the carrying out of development in any part of a special area (within the meaning of the Hunter Water Act 1991) in the Aboriginal area that is permitted under section 185A having regard to the conservation of the Aboriginal area’s natural and cultural values,
(g)  provision for sustainable visitor or tourist use and enjoyment that is compatible with the Aboriginal area’s natural and cultural values and the cultural values of the Aboriginal people,
(h)  provision for sustainable use (including adaptive reuse) of any buildings or structures or modified natural areas having regard to the Aboriginal area’s natural and cultural values and the cultural values of the Aboriginal people.
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)
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.
Division 5 Regional parks
47O   Reservation of regional parks
(1), (2)    (Repealed)
(3)  On the publication of a notice under Division 1 reserving land as a regional park:
(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 regional park trust is established in respect of the land—in the regional park trust, or
(iii)  if a local council has, with the concurrence of the council, been nominated by the Minister in the notice—in the council.
(4)  To the extent to which a dedication, reservation (other than a reservation under Division 1 reserving land as a regional park) or vesting affects land described in a notice published under Division 1 reserving land as a regional park, the publication revokes the dedication, reservation or vesting, and the instruments of title (if any) are to be surrendered for cancellation or notation.
(5)  A notice under Division 1 reserving land as a regional park may be made in relation to one or more regional parks.
(6)  Schedule 9A (Transfer of assets, rights and liabilities) has effect.
(7)  A local council may not be nominated by the Minister under subsection (3) (c) (iii) in respect of a regional park if the regional park is wholly or partly within the area of another local council, except with the consent of the other council.
(8)  A local council nominated under subsection (3) (c) (iii) by the Minister:
(a)  has, subject to this Act, the care, control and management of the regional park concerned, and
(b)  has the powers and functions conferred or imposed on it by or under this Act, and
(c)  is, in the exercise of such powers and functions, subject to the control and direction of the Minister.
47OA   Care, control and management of regional parks reserved under Part 4A
(1)  Despite section 47O, on the publication of a notice under Part 4A reserving lands as a regional park, the Chief Executive has the care, control and management of the regional park until such time as a board of management is established for the regional park.
(2)  On the establishment of a board of management for the regional park, the board of management has the care, control and management of the regional park.
47P   Name of regional park and limitation on use of term “regional park”
(1)    (Repealed)
(2)  The term regional park is not to be used either alone or in conjunction with other words as the name of any land used for the purpose of public recreation and enjoyment unless the land is within a regional park reserved under this Division.
47Q   (Repealed)
47R   Tabling of notice of reservation, and disallowance
(1)  A copy of a notice published under Division 1 reserving land as a regional park must be laid before each House of Parliament within 14 sitting days (whether or not they occur in the same session) after publication of the notice.
(2)  If either House of Parliament passes a resolution of which notice has been given within 15 sitting days after such a copy has been laid before it (whether or not those sitting days occur in the same session) and the resolution disallows the reservation effected by the notice of any land as a particular regional park:
(a)  the reservation ceases to have effect, and
(b)  the land ceases to be, or ceases to be part of, a regional park.
(3)  If any land ceases to be, or to be part of, a regional park by virtue of the disallowance of a reservation under Division 1:
(a)  the Chief Executive, or any regional park trust appointed as trustee of the land, or any local council nominated by the Minister under section 47O, 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 under Part 11.
47S   Regional park trusts
(1)  The Minister may, by notice published in the Gazette, establish and name a regional park trust and appoint it as trustee of any one or more specified regional parks or any one or more parts of a regional park.
(2)  A regional park 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 regional park trust.
(3)  A regional park trust:
(a)  has the care, control and management of any regional park (or part of a regional park) 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 regional park immediately before the establishment of the regional park trust, any thing done or entered into by the Chief Executive in connection with the regional park is taken to have been done or entered into by the regional park trust.
(5)  If a regional park trust is appointed as trustee of more than one regional park (or more than one part of a regional park), a reference in this Act to the regional park (or part of the park) in relation to the regional park trust includes a reference to any one or more of the regional parks (or any one or more of the parts of the regional park) of which the trust has been appointed as trustee.
47T   Regional park trust boards
(1)  There is to be a trust board established in respect of each regional park trust.
(2)  A regional park 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 regional park 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.
47U   (Repealed)
47V   Reports
(1)  A regional park 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 regional park 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 regional park trust as the Chief Executive requires (including accounting records).
(3)  If a local council has the care, control and management of a regional park, the council must:
(a)  provide reports to the Minister at such times, concerning such matters, and specifying such information, as may be required by the Minister, and
(b)  keep such records as may be required by the Minister, and
(c)  at the Minister’s request, give the Minister such information as the Minister requires in relation to the care, control and management of the park by the council, and
(d)  at the Minister’s request, send to the Minister such records kept by the council in relation to the care, control and management of the park as the Minister requires.
47W   Inspection and audit
(1)  The Chief Executive may appoint a person to inquire into, or carry out an audit of, any of the affairs of a regional park trust.
(2)  If a local council has the care, control and management of a regional park, the Minister may appoint a person to inquire into, or carry out an audit of, any of the affairs of the council in relation to the park.
(3)  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 or the local council in respect of the regional park, and
(b)  require any person concerned in the management of the regional park trust or the local council to give information and answer questions relating to the affairs of the regional park trust or the local council in respect of the regional park.
(4)  The power of the appointed person to inspect the records of a regional park trust or local council includes the power to inspect the records of a lessee or licensee which the trust or council has power to inspect under the lease or licence.
(5)  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.
47X   Removal of trust board members or local council and appointment of administrator
(1)  The Minister may, by notice published in the Gazette:
(a)  remove any or all of the members of a regional park trust board from office, or
(b)  remove all the members of a regional park trust board from office and appoint a person as the administrator of the regional park trust concerned.
(2)  If an administrator is appointed:
(a)  the affairs of the regional park trust are to be managed by the administrator, and
(b)  the administrator has and may exercise all the functions of the regional park trust.
(3)  The Minister may, by notice published in the Gazette, appoint an administrator:
(a)  to have the care, control and management of a regional park instead of a local council as nominated by the Minister under section 47O (3) (c) (iii), and
(b)  to exercise any of the functions of the local council in respect of the regional park.
(4)  Subject to this Act, an administrator holds office for such period as may be specified in the administrator’s instrument of appointment.
(5)  The Minister may remove an administrator from office at any time.
(6)  An administrator is entitled to be paid such remuneration as the Minister may direct. The office of an administrator is not, for the purposes of any Act, an office or place of profit under the Crown.
47Y   Dissolution of regional park trusts and revocation of nomination of local councils
(1)  The Minister may, by notice published in the Gazette, dissolve a regional park trust. A notice takes effect on the date of publication or such later date as is specified in the notice.
(2)  On such a notice taking effect, Schedule 9A (Transfer of assets, rights and liabilities) has effect.
(3)  The Minister may, by notice published in the Gazette, revoke the nomination of a local council under section 47O (3) (c) (iii) and transfer the care, control and management of the regional park concerned to the Chief Executive. Any such notice takes effect on the date of publication or such later date as is specified in the notice.
(4)  On the date that a notice under subsection (3) takes effect, the care, control and management of the regional park concerned is vested in the Chief Executive and the following provisions have effect:
(a)  any act, matter or thing done or omitted to be done before that date by, to or in respect of the local council in relation to the park is (to the extent that that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the Chief Executive, and
(b)  a reference in any instrument of any kind to the local council (in so far as it relates to the care, control and management of the park) is to be read as a reference to the Chief Executive.
47Z   Restrictions on dealing with land within regional parks
(1)  Despite anything in this or any other Act, land within a regional park is not to be dealt with except as provided under this Act.
(2)  Without limiting the generality of subsection (1), land within a regional park is not to be dedicated, reserved or otherwise dealt with under Part 5 of the Crown Lands Act 1989.
47ZA   Application of certain provisions to regional parks
The provisions of sections 39, 41, 42, 43 and 44 apply to and in respect of a regional park in the same way as they apply to and in respect of a national park or historic site.
47ZB   Revocation of regional park
(1)  Despite anything in this or any other Act:
(a)  the reservation of land as (or as part of) a regional park is not to be revoked, and
(b)  land within a regional park 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 regional park if the reservation of the land as, or as part of, the regional park 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.
Division 6 Nature reserves
48   Care, control and management of nature reserves
(1)  The Chief Executive has the care, control and management of all nature reserves except as provided by subsection (2).
(2)  On the establishment of a board of management for a nature reserve reserved under Part 4A, the care, control and management of the reserve is vested in the board of management.
49   Reservation of nature reserves
(1)–(3)    (Repealed)
(4)  On the publication of a notice under Division 1 reserving land as a nature reserve:
(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 for the purposes of this Act.
(5)  To the extent to which a dedication, reservation (other than a reservation of land as a nature reserve under Division 1), Crown grant or vesting affects lands described in a notice published under Division 1 reserving land as a nature reserve, 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.
(6)  A notice under Division 1 may be made in relation to one or more nature reserves.
50, 51   (Repealed)
52   Revocation or compulsory acquisition of nature reserve
(1)  Notwithstanding anything in any Act:
(a)  the dedication of lands as, or as part of, a nature reserve shall not be revoked, or
(b)  lands within a nature reserve 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 nature reserve if the dedication of the lands as, or as part of, the nature reserve 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.
53   Restrictions on disposal of or dealing with lands within nature reserves
(1)  Notwithstanding anything in the Crown Lands Consolidation Act 1913 or any other Act, no lands within a nature reserve 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 control of Local Land Services, which reserve is situated within the external boundaries of a nature reserve, shall be granted except with the concurrence in writing of the Chief Executive.
(3)  A permit referred to in subsection (2) may be granted subject to such conditions as the Chief Executive determines.
54   Mining
The provisions of section 41 apply to and in respect of a nature reserve in the same way as they apply to and in respect of a national park or historic site.
55   Application of Forestry Act 2012
(1)  The Forestry Act 2012 does not apply to or in respect of lands within a nature reserve.
(2)  Notwithstanding anything in subsection (1), all licences and permits under the Forestry Act 2012 affecting lands within a nature reserve 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.
56   Provisions respecting animals in nature reserves
(1)  A person shall not:
(a)  harm any animal that is within a nature reserve,
(b)  use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any animal that is within a nature reserve,
(c)  carry, discharge or have in the person’s possession any prohibited weapon in a nature reserve,
(d)  carry or have in the person’s possession any explosive, net, trap or hunting device in a nature reserve, or
(e)  be accompanied by a dog in a nature reserve.
(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, or that the state of affairs constituting the offence existed:
(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 shall not be convicted of an offence arising under subsection (1) in respect of the carrying or having in the person’s possession of a net if the person proves that the net was carried or in the person’s possession for the purpose only of taking, or attempting to take, fish from any waters.
(5)  A person, being a lessee or occupier of any lands within a nature reserve, 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 an animal that is within those lands (other than fauna or an animal of a threatened species).
(6)  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).
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a nature reserve 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 reserve 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 reserve).
57   Restrictions as to timber, vegetation, plants etc in nature reserves
(1)  Subject to section 55 (2), a person shall not fell, cut, destroy, injure, pick, remove or set fire to any tree, timber, plant, flower or vegetation in a nature reserve.
(2)  A person shall not have in the person’s possession any native plant within a nature reserve.
(3)  A person who commits an offence arising under subsection (1) or (2) 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.
(4)  A person shall not be convicted of an offence arising under subsection (1) or (2) if the person proves that the act constituting the offence was done, or the state of affairs constituting the offence existed:
(a)  under and in accordance with or by virtue of the authority conferred by a licence issued under Division 3 of Part 9 or section 132C, or
(b)  in pursuance of a duty imposed on the person by or under any Act.
(5)  A person, being a lessee or occupier of any lands within a nature reserve, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) or (2) in respect of the felling, cutting, destroying, injuring, picking, removing of, or setting fire to any tree, timber, plant, flower or vegetation, or the possession of a native plant (not being a plant of a threatened species), that is or was growing within those lands.
(6)  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) or (2) or both.
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a nature reserve 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 picking within the reserve any tree, timber, plant (including a native plant), flower or vegetation for food for domestic purposes or for ceremonial or cultural purposes (including a protected native plant but not including a plant of a threatened species or a plant protected by the plan of management for the reserve).
58   Application of certain provisions to nature reserves
The provisions of sections 33 (5) and (6), 35, 39, 43, 44 and 46 apply to and in respect of a nature reserve in the same way as they apply to and in respect of a national park or historic site and so apply as if a reference in those provisions to:
(a)  a notice under Division 1 reserving land as a national park or historic site were a reference to a notice under Division 1 reserving land as a nature reserve, and
(b)  a reservation of land under Division 1 as a national park or historic site were a reference to a reservation of land under that Division as a nature reserve.
58A–58J   (Repealed)
Division 7 Karst conservation reserves
58K   Reservation of karst conservation reserves
(1)–(3)    (Repealed)
(4)  On the publication of a notice under Division 1 reserving land as a karst conservation reserve:
(a)  the lands described in the notice become Crown lands to the extent to which they were not Crown lands immediately before that publication, and
(b)  if 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 ceases 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 vests in the Chief Executive for the purposes of this Act except as provided by subsection (4A).
(4A)  On the establishment of a board of management for a karst conservation reserve reserved under Part 4A, the care, control and management of the reserve is vested in the board of management.
(5)  A notice under Division 1 reserving land as a karst conservation reserve may, but need not be, restricted to lands that are wholly or predominantly subterranean lands.
(6)  To the extent to which a reservation (other than a reservation of land under Division 1 as a karst conservation reserve) or vesting affects land described in a notice published under Division 1 reserving land as a karst conservation area, the publication (unless the notice otherwise provides) revokes the reservation or vesting and the instruments of title (if any) must be surrendered for cancellation or notation, as the case requires.
58L   (Repealed)
58M   Revocation or compulsory acquisition of karst conservation reserve
(1)  Notwithstanding anything in any Act:
(a)  the reservation of lands as, or as part of, a karst conservation reserve shall not be revoked, or
(b)  lands within a karst conservation reserve 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 karst conservation reserve if the reservation of the lands as, or as part of, the karst conservation reserve 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.
58N   Restriction on disposal of or dealing with lands within karst conservation reserves
Notwithstanding anything in the Crown Lands Act 1989 or any other Act, no lands within a karst conservation reserve shall be sold, leased or otherwise dealt with except as provided in this Act or in the Snowy Hydro Corporatisation Act 1997.
58O   Mining
The provisions of section 41 apply to and in respect of a karst conservation reserve in the same way as they apply to and in respect of a national park or historic site.
58P   Application of Forestry Act 2012
(1)  The Forestry Act 2012 does not apply to or in respect of lands within a karst conservation reserve.
(2)  Notwithstanding anything in subsection (1), all licences and permits under the Forestry Act 2012 affecting lands within a karst conservation reserve 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.
58Q   Provisions respecting animals in karst conservation reserves
(1)  A person shall not:
(a)  harm any animal that is within a karst conservation reserve, or
(b)  use any animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any animal that is within a karst conservation reserve, or
(c)  carry, discharge or be in possession of any prohibited weapon in a karst conservation reserve, or
(d)  carry or be in possession of any explosive, net, trap or hunting device in a karst conservation reserve, or
(e)  be accompanied by a dog in a karst conservation reserve.
(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, or that the state of affairs constituting the offence existed:
(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 by or under any Act.
(4)  A person shall not be convicted of an offence arising under subsection (1) in respect of the carrying or being in possession of a net if the person proves that the net was carried or was in the person’s possession for the purpose only of taking, or attempting to take, fish from any waters.
(5)  A person, being a lessee or occupier of any lands within a karst conservation reserve, 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 an animal that is within those lands (other than fauna or an animal of a threatened species).
(6)  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).
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a karst conservation reserve 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 within the reserve an animal 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 reserve).
58R   Restrictions as to timber, vegetation, plants etc in karst conservation reserves
(1)  Subject to section 58P (2), a person shall not fell, cut, destroy, injure, pick, remove or set fire to any tree, timber, plant, flower or vegetation in a karst conservation reserve.
(2)  A person shall not be in possession of any native plant within a karst conservation reserve.
(3)  A person who commits an offence arising under subsection (1) or (2) 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.
(4)  A person shall not be convicted of an offence arising under subsection (1) or (2) if the person proves that the act constituting the offence was done, or that the state of affairs constituting the offence existed:
(a)  under and in accordance with or by virtue of the authority conferred by a licence issued under Division 3 of Part 9 or section 132C, or
(b)  in pursuance of a duty imposed by or under any Act.
(5)  A person, being a lessee or occupier of any lands within a karst conservation reserve, or a person authorised by such a lessee or occupier in that behalf, shall not be convicted of an offence arising under subsection (1) or (2) in respect of the felling, cutting, destroying, injuring, picking or removing of or setting fire to any tree, timber, plant, flower or vegetation, or the possession of a native plant (not being a plant of a threatened species), that is or was growing within those lands.
(6)  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) or (2), or both.
(7)  Without limiting subsection (6), this section does not prevent:
(a)  an Aboriginal owner on whose behalf the lands of a karst conservation reserve 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 picking within the reserve any tree, timber, plant (including a native plant), flower or vegetation for food for domestic purposes or for ceremonial or cultural purposes (including a protected native plant but not including a plant of a threatened species or a plant protected by the plan of management for the reserve).
58S   Application of certain provisions to karst conservation reserves
(1)  The provisions of:
(a)  section 33 (5) and (6),
(b)  section 35,
(c)  section 39,
(d)  sections 43 and 44, and
(e)  section 46,
apply to and in respect of a karst conservation reserve in the same way as they apply to and in respect of a national park or historic site, and so apply as if a reference in those provisions to:
(f)  a notice under Division 1 reserving land as a national park or historic site were a reference to a notice under that Division reserving land as a karst conservation reserve, and
(g)  a reservation under Division 1 of land as a national park or historic site were a reference to a reservation of land under that Division as a karst conservation reserve.
(2)    (Repealed)
Division 8
58T–58ZE  (Repealed)
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.
Division 10 Aboriginal areas
62   Reservation of Aboriginal areas
(1)–(3)    (Repealed)
(4)  Lands within an Aboriginal area shall be deemed to be reserved for the purpose of preserving, protecting and preventing damage to Aboriginal objects or Aboriginal places therein.
63   Care, control and management of Aboriginal areas
(1)  The Chief Executive has the care, control and management of all Aboriginal areas except as provided by subsection (2).
(2)  On the establishment of a board of management for an Aboriginal area dedicated under Part 4A, the care, control and management of the area is vested in the board of management.
64   Mining
The provisions of sections 41 and 42 apply to and in respect of an Aboriginal area in the same way as they apply to and in respect of a national park or historic site.
65, 66   (Repealed)
Division 11 Wildlife refuges
67   (Repealed)
68   Wildlife refuges
(1)  Subject to this section, the Governor may, by proclamation published in the Gazette, declare any lands described in the proclamation to be a wildlife refuge.
(2)  Lands within a wildlife refuge shall be deemed to be dedicated for the purposes of:
(a)  preserving, conserving, propagating and studying wildlife,
(b)  conserving and studying natural environments, and
(c)  creating simulated natural environments.
(3)  A proclamation under subsection (1):
(a)  shall not be made:
(i)  where the lands are unoccupied Crown lands—without the consent of the Minister administering the Crown Lands Consolidation Act 1913,
(ii)  where the lands are occupied Crown lands—without the consent of that Minister, the holder and the occupier,
(iii)  where the lands are not Crown lands and are not within a State forest—without the consent of the owner and the occupier, or
(iv)  where the lands are within a State forest—without the consent of the Forestry Corporation, and
(b)  may be revoked at any time, and may be varied or amended with the consent of, and shall be revoked at the request of, any person whose consent would, if the lands were, for the time being, not a wildlife refuge, be required for their declaration as such a refuge.
(4)  A person who is a holder or occupier of Crown lands shall be deemed, for the purposes of this section, to have given his or her consent, referred to in subsection (3), if, within thirty days of being given notice that his or her consent is sought, the person does not inform the Minister or Chief Executive that the person gives or withholds his or her consent.
(5)  A proclamation under this section may be made so as:
(a)  to relate to one or more wildlife refuges specified therein, and
(b)  to apply differently according to such factors as may be specified therein.
(6)  A revocation, variation or amendment referred to in subsection (3) (b) shall be effected by proclamation of the Governor published in the Gazette.
(7)  Where the consent of the Forestry Corporation is required under this section, the consent shall not be given without the approval of the Minister administering the Forestry Act 2012.
(8)  The Chief Executive shall forward a copy of a proclamation under this section to the Valuer-General as soon as practicable after the proclamation is published in the Gazette.
69   (Repealed)
Division 12 Conservation agreements
69A   Definitions
(1)  In this Division:
development, in relation to a conservation area, means:
(a)  the erection of a building in that area,
(b)  the carrying out of a work in, on, over or under that area,
(c)  the use of that area or of a building or work in that area,
(d)  the subdivision of that area, and
(e)  the clearing of vegetation in that area.
owner, in relation to land, includes a person who leases land under the Crown Lands Consolidation Act 1913, the Closer Settlement Acts or the Western Lands Act 1901.
statutory authority means any of the following:
(a)  a Public Service agency,
(b)    (Repealed)
(c)  a council or a county council within the meaning of the Local Government Act 1993,
(d)  any other body constituted by or under an Act,
(e)  an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.
(2)  A reference in this Division to the carrying out of development includes a reference to the erection of a building, the carrying out of a work, the use of land or of a building or work, the subdivision of land or the clearing of vegetation.
(3)  A reference in this section:
(a)  to the erection of a building includes a reference to the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land,
(b)  to the carrying out of a work includes a reference to the rebuilding of, the making of alterations to, or the enlargement or extension of, a work, and
(c)  to the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979.
(4)  If a conservation agreement is entered into under section 69B (1C) by a public authority that is not the owner of the conservation area concerned:
(a)  the agreement is taken to have been entered into on behalf of the owner of the conservation area, and
(b)  a reference in this Act to the owner of the conservation area (however expressed) includes, while a public authority has the control and management of the conservation area, a reference to the public authority that has that control and management.
69B   Conservation agreements
(1)  The Minister may enter into a conservation agreement relating to land with the owner of the land.
(1A), (1B)    (Repealed)
(1C)  The Minister may enter into a conservation agreement relating to land that is Crown lands or lands of the Crown with:
(a)  a public authority (not being a Public Service agency) that owns or has the control and management of the land, or
(b)  if the land is under the control and management of a Public Service agency—the Minister to whom the agency is responsible, or
(c)  if the land is under the control and management of the Forestry Corporation—the Forestry Corporation, or
(d)  if the land is under the management of a land manager (other than the Forestry Corporation) within the meaning of the Forestry Act 2012—the relevant land manager.
(1D)  The Minister must not enter into a conservation agreement relating to Crown-timber lands within the meaning of the Forestry Act 2012 except with the consent of the Minister administering that Act.
(2)  The Minister shall not enter into a conservation agreement for land leased under the Crown Lands Consolidation Act 1913, the Closer Settlement Acts or the Western Lands Act 1901, except with the consent of the Minister administering the relevant Act.
(3)  The Minister shall not enter into a conservation agreement relating to land unless:
(a)  all the owners of the land are parties to the agreement or have consented in writing to the agreement,
(b)  where the land (not being land referred to in subsection (2)) is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the conservation agreement, and
(c)  where the land is subject to a mortgage, charge or positive covenant, the mortgagee, chargee or person entitled to the benefit of the covenant has consented in writing to the agreement.
(4)  The Minister must not enter into a conservation agreement for land owned by a Local Aboriginal Land Council except with the consent of the New South Wales Aboriginal Land Council.
69C   Purpose and content of agreements
(1)  A conservation agreement may be entered into:
(a)  in relation to areas containing scenery, natural environments or natural phenomena worthy of preservation,
(b)  in relation to areas of special scientific interest,
(c)  in relation to areas that are the sites of buildings, objects, monuments or events of national significance,
(d)  in relation to areas in which Aboriginal objects, or Aboriginal places, of special significance are situated,
(e)  for the purpose of the study, preservation, protection, care or propagation of fauna or native plants or other flora,
(e1)  for the purpose of the study, preservation, protection or care of karst environments,
(e2)  for the purpose of the conservation of critical habitat or the conservation of threatened species, populations or ecological communities, or their habitats, or
(e3)  for the purpose of the protection, conservation or management of waters in or in connection with an area or purpose referred to in paragraph (a), (b), (c), (d), (e), (e1) or (e2), or
(f)  for any purpose connected with an area or purpose elsewhere referred to in this subsection.
(2)  A conservation agreement may contain terms, binding on the own