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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 20 September 2019 at 18:36)
Schedule 2
Schedule 2 Revocation of reservation or dedication of certain land
1   Revocation in Beni State Conservation Area
(1)  The reservation under this Act as state conservation area of land within Lot 2, DP 1155597, being part of Beni State Conservation Area, is revoked.
(2)  On the revocation of the reservation as state conservation area of land described in subclause (1), that land is vested in Dubbo City Council for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
2   Revocation in Gwydir River State Conservation Area
(1)  The reservation under this Act as state conservation area of land within Lot 3, DP 1156300, being part of Gwydir River State Conservation Area, is revoked.
(2)  On the revocation of the reservation as state conservation area of land described in subclause (1), that land is vested in the State Water Corporation for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
(3)  The revocation and vesting referred to in this clause do not have effect until a day appointed by the Minister by notice published in the Gazette.
(4)  The Minister must not publish a notice under subclause (3) unless other land has been transferred into the national park estate as compensation for the excision of the land described in subclause (1) (being other land that is, in the opinion of the Minister, of equal or greater conservation value).
(5)  For the purposes of subclause (4), the national park estate comprises land reserved under this Act or land acquired by the Minister under Part 11 of this Act for the purposes of its reservation under this Act.
3   Revocation in Illawarra Escarpment State Conservation Area
(1)  The reservation under this Act as state conservation area of land to which this clause applies, being part of Illawarra Escarpment State Conservation Area, is revoked.
(2)  This clause applies to land within Lot 2, DP 1083121 and those parts of Lot 31, DP 1083116 that were within Illawarra Escarpment State Conservation Area immediately before the commencement of section 3 of the National Parks and Wildlife (Further Adjustment of Areas) Act 2005.
(3)  On the revocation of the reservation as state conservation area of land to which this clause applies, that land:
(a)  is vested in the Crown for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests and rights of way or other easements, and
(b)  is subject to the Crown Lands Act 1989.
(4)  Despite subclause (3) (b), the land becomes subject to the Crown Land Management Act 2016 on the repeal of the Crown Lands Act 1989.
4   Revocation in Jerrawangala National Park and Morton National Park
(1)  The reservation under this Act as national park of land to which this clause applies, being part of Jerrawangala National Park and part of Morton National Park, is revoked.
(2)  This clause applies to the following land:
(a)  land within Lots 31–33, DP 1075211,
(b)  land within Lots 64–68, DP 1075869, Lots 100–111, DP 1078152 and Lots 11–32, DP 1080225.
(3)  On the revocation of the reservation as national park of land to which this clause applies, that land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
(4)  The Minister must not transfer under Part 11 of this Act:
(a)  the whole or any part of land to which this clause applies, or
(b)  any interest in that land,
unless other land is first transferred into the national park estate as compensation for the excision of that land (being other land the Minister is satisfied is of equal or greater conservation value in terms of natural and cultural heritage).
(5)  For the purposes of subclause (4), the national park estate comprises land reserved under this Act or land acquired by the Minister under Part 11 of this Act for the purposes of its reservation under this Act.
5   Transferred provisions to which Interpretation Act 1987 applies
Clauses 3 and 4 re-enact (with minor modification) sections 3–5 of the National Parks and Wildlife (Further Adjustment of Areas) Act 2005. Clauses 3 and 4 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
6   Revocation in Bargo State Conservation Area
The reservation under this Act as state conservation area of land within Lot 100, DP 1088254, being part of Bargo State Conservation Area, is revoked.
7   Reservation of certain Crown land as state conservation area or national park
(1)  The land shown coloured pink on the map catalogued Misc R 00105 in the Office of Environment and Heritage is reserved under this Act as Bargo River State Conservation Area.
(2)  Land within Lots 9 and 10, DP 753788 is reserved under this Act as part of Yengo National Park.
8   Transferred provisions to which Interpretation Act 1987 applies
Clauses 6 and 7 re-enact (with minor modification) sections 3 and 4 of the National Parks and Wildlife (Adjustment of Areas) Act 2006. Clauses 6 and 7 are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
9   Revocation in Leacock Regional Park
(1)  The reservation under this Act as regional park of land to which this clause applies, being part of Leacock Regional Park, is revoked.
(2)  This clause applies to an area of about 1,564 square metres, being Lot 2, DP 1123827.
(3)  On the revocation of the reservation as regional park of land to which this clause applies, that land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
(4)  In this clause, Leacock Regional Park means an area of about 34.3 hectares, being the land reserved as Leacock Regional Park by notices published in the following:
(a)  Gazette No 97 of 5 September 1997 at page 7850,
(b)  Gazette No 156 of 12 October 2001 at page 8586.
10   Transferred provisions to which Interpretation Act 1987 applies
Clause 9 re-enacts (with minor modification) sections 3 and 4 of the National Parks and Wildlife (Leacock Regional Park) Act 2008. Clause 9 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
11   Revocation in Broken Head Nature Reserve
(1)  The reservation under this Act as nature reserve of land to which this clause applies, being part of Broken Head Nature Reserve, is revoked.
(2)  This clause applies to an area of about 981 square metres of Broken Head Nature Reserve, being Lot 4, DP 1139721.
(3)  On the revocation of the reservation as nature reserve of land to which this clause applies, that land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
(4)  In this clause, Broken Head Nature Reserve means an area of about 98 hectares, being the land reserved as Broken Head Nature Reserve by notices published in the following:
(a)  Gazette No 119 of 27 September 1974 at page 3843 (as amended by an erratum published in Gazette No 149 of 13 December 1974 at page 4884),
(b)  Gazette No 166 of 7 November 1980 at page 5732,
(c)  Gazette No 38 of 6 March 1981 at page 1301,
(d)  Gazette No 46 of 26 March 1982 at page 1281,
(e)  Gazette No 60 of 27 April 1984 at page 2227,
(f)  Gazette No 145 of 12 October 1984 at page 4989,
(g)  Gazette No 52 of 11 March 1988 at page 1528,
(h)  Gazette No 164 of 23 December 2005 at pages 11512–11516.
12   Transferred provisions to which Interpretation Act 1987 applies
Clause 11 re-enacts (with minor modification) sections 3 and 4 of the National Parks and Wildlife (Broken Head Nature Reserve) Act 2010. Clause 11 is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
13   Revocation of part of Hunter Wetlands National Park
(1)  This clause applies to an area of about 18.5 hectares of Hunter Wetlands National Park, being the land shown hatched black on the diagram catalogued Misc R 00326 (Edition 1) in the Office of Environment and Heritage, subject to any variations and exceptions noted on that diagram.
(2)  The reservation under this Act as national park of land to which this clause applies, being part of Hunter Wetlands National Park, is revoked.
(3)  On the revocation of the reservation as national park of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
14   Revocation of part of Broadwater National Park
(1)  This clause applies to an area of about 17.09 hectares of Broadwater National Park, being the land shown by orange shading on the diagram catalogued W2B_APO_165_NPWS_BroadwaterNP held in the office of Roads and Maritime Services at Grafton, subject to any variations or exceptions noted on that diagram.
(2)  The reservation under this Act as national park of land to which this clause applies, being part of Broadwater National Park, is revoked.
(3)  On the revocation of the reservation as national park of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
15   Revocation of part of Kooraban National Park
(1)  This clause applies to an area of about 18.28 hectares of Kooraban National Park, being the land shown by orange shading on the diagram catalogued MS Plan No 0001 145 SK 0001 held in the office of Roads and Maritime Services at Wollongong, subject to any variations or exceptions noted on that diagram.
(2)  The reservation under this Act as national park of land to which this clause applies, being part of Kooraban National Park, is revoked.
(3)  On the revocation of the reservation as national park of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
16   Revocation of part of Yaegl Nature Reserve
(1)  This clause applies to an area of about 1.58 hectares of Yaegl Nature Reserve, being the land shown by orange shading on the diagram catalogued W2B_APO_165_NPWS_YaeglNR held in the office of Roads and Maritime Services at Grafton, subject to any variations or exceptions noted on that diagram.
(2)  The reservation under this Act as nature reserve of land to which this clause applies, being part of Yaegl Nature Reserve, is revoked.
(3)  On the revocation of the reservation as nature reserve of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
17   Revocation of part of Cooperabung Creek Nature Reserve
(1)  This clause applies to an area of about 1.2 hectares of Cooperabung Creek Nature Reserve, being the land shown by orange shading on the diagram catalogued PA_OH2K_PropID_56_V1.dgn held in the office of Roads and Maritime Services at Grafton, subject to any variations or exceptions noted on that diagram.
(2)  The reservation under this Act as nature reserve of land to which this clause applies, being part of Cooperabung Creek Nature Reserve, is revoked.
(3)  On the revocation of the reservation as nature reserve of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
18   Revocation of part of Bogandyera Nature Reserve
(1)  This clause applies to the following:
(a)  an area of about 7.7 hectares of Bogandyera Nature Reserve, being the land shown as Lot 2 on the diagram catalogued TUM001 and held in the office of the Tumbarumba Shire Council,
(b)  an area of about 16.83 hectares of Bogandyera Nature Reserve, being the land shown by blue shading on the diagram catalogued Misc F 1407, held in the Estates Unit, Forests NSW, West Pennant Hills, subject to any variations and exceptions noted on that diagram.
(2)  The reservation under this Act as nature reserve of land to which this clause applies, being part of Bogandyera Nature Reserve, is revoked.
(3)  On the revocation of the reservation as nature reserve of land to which this clause applies, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
19   Compensation
The Minister must not transfer under Part 11 of this Act the whole or any part of the land to which clause 14, 15, 16, 17 or 18 (1) (b) applies unless the Minister is satisfied that appropriate compensation for the land has been provided.
20   Definition
In this Part:
former Act means this Act, as in force immediately before its repeal.
21   Revocation of reservation of certain land as national park or nature reserve
The reservation under this Act as national park or nature reserve of land described in Schedule 1 or 2 to the former Act is revoked.
Note.
 The land described in Schedule 1 to the National Parks and Wildlife (Adjustment of Areas) Act 2005 was formerly part of Botany Bay National Park. The lands described in Schedule 2 to that Act were formerly part of Kosciuszko National Park, Lake Innes Nature Reserve and South East Forest National Park.
22   Land within Botany Bay National Park to vest in Crown as Crown land
(1)  On the revocation under the former Act of the reservation as national park of land described in Schedule 1 to the former Act, that land:
(a)  is vested in the Crown for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests and rights of way or other easements, and
(b)  is Crown land within the meaning of the Crown Lands Act 1989.
(2)  Despite subclause (1) (b), the land continues as Crown land under the Crown Land Management Act 2016 on the repeal of the Crown Lands Act 1989.
23   Land to vest in Minister
(1)  On the revocation under the former Act of the reservation as national park or nature reserve of land described in Schedule 2 to the former Act, that land vests in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from:
(a)  all trusts, obligations, estates, interests, rights of way or other easements, and
(b)  any dedication, reservation, Crown grant or vesting to which the land was subject, and any such dedication, reservation, grant or vesting is revoked.
(2)  The Minister is not to transfer under Part 11 of this Act:
(a)  the whole or any part of the land described in clauses 1 and 2 of Schedule 2 to the former Act, or
(b)  any interest in that land,
unless other land is first transferred into the national park estate as compensation for the excision of that land (being other land the Minister is satisfied is of equal or greater conservation value in terms of natural and cultural heritage).
(3)  For the purposes of subclause (2), the national park estate comprises land reserved under this Act or land acquired by the Minister under Part 11 of this Act for the purposes of its reservation under this Act.
(4)  Any access roads within the land described in clause 3 of Schedule 2 to the former Act may continue to be used for the purposes for which they were used immediately before the commencement of the former Act.
(5)  Nothing in this clause affects the exercise of any power, authority, duty or function by the Minister or any other person under and in accordance with this Act in relation to any such access road.
24   Transferred provisions to which Interpretation Act 1987 applies
Clauses 21–23 re-enact (with minor modifications) sections 3–5 of the former Act and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
25   Revocation of part of Gwydir Wetlands State Conservation Area
(1)  This clause applies to Lot 6, DP 750519, which has an area of about 88.42 hectares.
(2)  The reservation under this Act as state conservation area of land to which this clause applies is revoked.
26   Revocation of part of Jervis Bay National Park
(1)  This clause applies to land having an area of about 0.1 hectare, as shown by hatching on the diagram catalogued Misc R 01056 (dated 11 February 2015) in the Office of Environment and Heritage.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
27   Revocation of part of Kosciuszko National Park
(1)  This clause applies to the following land, which has a total area of about 140.94 hectares:
(a)  Lots 12–22, DP 1171834,
(b)  Lots 21–22, DP 1171835,
(c)  Lots 30–48, DP 1171836,
(d)  Lots 40–45, DP 1171838,
(e)  Lots 50–53, DP 1171839,
(f)  Lots 60–73, DP 1171841,
(g)  Lots 7–15, DP 1171844,
(h)  Lots 27–50, DP 1171846,
(i)  Lots 25, 28 and 33, DP 711392.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
28   Revocation of part of Ku-ring-gai Chase National Park
(1)  This clause applies to the following land:
(a)  land having an area of about 1.25 hectares, as shown by blue hatching on the diagram catalogued Misc R 00337 (dated 11 February 2015) in the Office of Environment and Heritage,
(b)  land having an area of about 0.768 hectare, as shown by pink shading on the map marked “DS2015/001182”, held in the office of Roads and Maritime Services at Parramatta.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
29   Revocation of part of Lane Cove National Park (beneath surface)
(1)  This clause applies to Lot 107, DP 1115606, which has an area of about 0.04 hectare.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
30   Revocation of part of Macquarie Pass State Conservation Area
(1)  This clause applies to Lot 100, DP 1188472, which has an area of about 86.31 hectares.
(2)  To the extent to which land to which this clause applies is reserved under this Act as state conservation area, the reservation is revoked and is taken to have been revoked when the land was transferred to the Illawarra Local Aboriginal Land Council under section 36 of the Aboriginal Land Rights Act 1983.
31   Revocation of part of Middle Brother National Park
(1)  This clause applies to land having an area of about 0.34 hectare, as shown by orange shading on the map marked “C2HC_MIDDLE BROTHER_A_V2.dgn”, held in the office of Roads and Maritime Services at Newcastle.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
32   Revocation of parts of Morton National Park
(1)  This clause applies to the following land, which has a total area of about 18.5 hectares:
(a)  the land shown by hatching on the diagram catalogued Misc R 01055 (dated 5 December 2007) in the Office of Environment and Heritage,
(b)  the land shown by solid black shading on the diagram catalogued Misc R 00336 (dated 17 March 2014) in the Office of Environment and Heritage.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
33   Revocation of Penrith Lakes Regional Park
(1)  This clause applies to Penrith Lakes Regional Park (being Lot 1, DP 860391), which has an area of about 6,656 square metres.
(2)  The reservation under this Act as regional park of land to which this clause applies is revoked.
34   Revocation of parts of Royal National Park
(1)  This clause applies to the following land:
(a)  land having an area of about 8.2 hectares, as shown by blue hatching on the diagram catalogued Misc R 00330 (dated 24 January 2014) in the Office of Environment and Heritage,
(b)  land having an area of about 2.4 hectares, as shown by blue hatching on the diagram catalogued Misc R 00331 (dated 24 January 2014) in the Office of Environment and Heritage,
(c)  land having an area of about 2.7 hectares, as shown by blue hatching on the diagram catalogued Misc R 00332 (dated 31 January 2014) in the Office of Environment and Heritage,
(d)  land having an area of about 0.1 hectare, as shown by blue hatching on the diagram catalogued Misc R 00333 (dated 24 January 2014) in the Office of Environment and Heritage.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
35   Revocation of part of Wollemi National Park
(1)  This clause applies to land having an area of about 1.6 hectares, as shown by hatching on the diagram catalogued Misc R 00334 (dated 28 January 2014) in the Office of Environment and Heritage.
(2)  The reservation under this Act as national park of land to which this clause applies is revoked.
36   Revocation of part of Yaegl Nature Reserve
(1)  This clause applies to land having an area of about 0.11 hectare, as shown edged red on Sheet 3 of the map marked “W2B_APO_165b_NPWS_YaeglNR”, held in the office of Roads and Maritime Services at Grafton.
(2)  The reservation under this Act as nature reserve of land to which this clause applies is revoked.
37   Land vested in Minister for purposes of Part 11
(1)  This clause does not apply to land to which clause 25 or 30 applies.
(2)  On the revocation by this Part of the reservation of land, the land is vested in the Minister on behalf of the Crown for the purposes of Part 11 of this Act for an estate in fee simple, freed and discharged from all trusts, obligations, estates, interests, rights of way or other easements.
38   Compensation
The Minister must not transfer under Part 11 of this Act the whole or any part of the land described in clause 28 (1) or 31 (1) unless the Minister is satisfied that appropriate compensation for the land has been provided.