National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 5 August 2020 at 01:19)
Part 4A Division 7
Division 7 Addition of lands to Schedule 14
71AR   Application of Division
This Division applies to and in respect of lands proposed for addition to Schedule 14 only.
71AS   Proposals for additions to Schedule 14
(1)  Any person or body (including a statutory authority) may submit to the Chief Executive a written proposal that lands reserved under this Act be identified as having cultural significance to Aboriginal persons and listed in Schedule 14.
(2)  A copy of the proposal is to be given to the Registrar who must notify the following persons and bodies of the proposal:
(a)  the New South Wales Aboriginal Land Council, and
(b)  the Local Aboriginal Land Council or Councils in whose area or areas the lands the subject of the proposal are located, and
(c)  the Aboriginal owners of the lands concerned (if they have been identified), and
(d)  any body representing Aboriginal persons that the Registrar considers to be relevant.
(3)  The Registrar is to provide the Chief Executive with the names of the persons and bodies that the Registrar has notified of the proposal.
 Land in Zone 1, 2 or 3 of the Brigalow and Nandewar Community Conservation Area (established under the Brigalow and Nandewar Community Conservation Area Act 2005) is not eligible to be proposed under this section for listing in Schedule 14 to this Act.
71AT   Assessment of proposals
(1)  The Chief Executive must, after receiving a proposal, make an assessment of the cultural significance to Aboriginal persons of the lands referred to in the proposal and make a report to the Minister in relation to the proposal.
(2)  The Chief Executive is to consult with:
(a)  the person or body that submitted the proposal, and
(b)  the persons and bodies notified of the proposal by the Registrar, and
(c)  any other person or body that the Chief Executive considers should be consulted,
in relation to the making of the assessment and report.
71AU   Report to Minister
(1)  In preparing a report for the Minister, the Chief Executive is to consider the following:
(a)  whether the lands concerned contain places of spiritual or mythological importance in accordance with Aboriginal custom or lore,
(b)  whether the lands contain places used for the conduct of ceremonial activities by Aboriginal persons, including areas recognised for gender specific cultural activities,
(c)  whether the lands contain areas that are significant for their association with Aboriginal life after occupation of the area in which the lands are situated by persons of European extraction.
(2)  The Chief Executive’s report is to make comment on the following matters in relation to the lands concerned:
(a)  whether Aboriginal burials or remains, or both, are present,
(b)  the rarity of types of Aboriginal sites and objects on the lands in the context of the cultural area in which the lands are located,
(c)  the diversity of Aboriginal sites and objects on the lands,
(d)  the antiquity of Aboriginal sites and objects on the lands,
(e)  whether the lands have been listed:
(i)  in the Register of the National Estate kept in pursuance of the Australian Heritage Commission Act 1975 of the Commonwealth, or
(ii)  as an item of cultural heritage of outstanding universal value in accordance with the World Heritage Properties Conservation Act 1983 of the Commonwealth and the Convention for the Protection of the World Cultural and Natural Heritage that is referred to in section 71AD (2) (c) (ii),
on the basis, or partly on the basis, of their cultural significance to Aboriginal persons.
(3)  The Chief Executive must also indicate in the report whether any disagreement exists among the persons or bodies consulted by the Chief Executive regarding the proposal as to whether the lands are of cultural significance to Aboriginal persons or should be listed in Schedule 14, or both.
(4)  The Chief Executive may include any other matters in the report that the Chief Executive considers to be relevant.
71AV   Consideration of report by Minister
(1)  On receiving a report from the Chief Executive, the Minister is to consider whether the lands concerned are of cultural significance to Aboriginal persons and, if so, whether the Minister should recommend to the Governor that the lands be listed in Schedule 14.
(2)  The Minister is not to make a recommendation that the lands be listed in Schedule 14 unless the Minister is satisfied that the cultural significance of the lands to Aboriginal persons is at least equivalent to that of the lands already listed in the Schedule.
71AW   Listing of additional lands in Schedule 14
(1)  Additional lands may be listed in Schedule 14 only by an Act of Parliament.
(2)  If Parliament approves of the listing of lands in Schedule 14 following the making of a recommendation by the Minister to the Governor that the lands be so listed, the lands may be dealt with in accordance with the provisions of this Part that apply to Schedule 14 lands and, in particular, with the provisions of Divisions 2, 3, 5 and 6.