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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Parks and Wildlife Amendment Bill
2021
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80 3
Schedule 2 Amendment of National Parks and Wildlife Regulation 2019 25
Schedule 3 Amendment of other Acts and instruments 30
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2021
New South Wales
National Parks and Wildlife Amendment Bill
2021
Act No , 2021
An Act to amend the National Parks and Wildlife Act 1974 and other legislation to streamline
processes for plans of management; to enable the Minister to approve priority conservation
actions; to establish an entity to receive donations; to allow the Minister to create and trade in
carbon sequestration rights and biodiversity credits for certain land; to reserve land; and for other
purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
National Parks and Wildlife Amendment Bill 2021 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the National Parks and Wildlife Amendment Act 2021.
2 Commencement
(1) Subject to subsection (2), this Act commences on the date of assent to this Act.
(2) Schedule 1.2 commences on the earlier of--
(a) a day or days to be appointed by proclamation, or
(b) 30 June 2022.
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
Schedule 1 Amendment of National Parks and Wildlife Act
1974 No 80
1.1 Amendments commencing on assent
[1] Whole Act
Omit each expression specified in Column 1 of the following table wherever
occurring, other than in sections 5, 21(3)(c)(viii), 75, 85, 85A, 87, 88-90D, 90F-90I,
90K-90M, 90Q, 90R and 185A(5) and Schedule 3.
Insert instead the expression specified opposite in Column 2--
Column 1 Column 2
Chief Executive Secretary
Chief Executive's Secretary's
Office's Department's
Office of Environment and Heritage Department of Planning, Industry and
Environment
[2] Section 5 Definitions
Omit the definitions of Chief Executive and Office from section 5(1).
[3] Section 5(1), definition of "authorised officer"
Omit "Chief Executive". Insert instead "Secretary".
[4] Section 5(1)
Insert in alphabetical order--
carbon sequestration right--see section 82A(2).
deal, in carbon sequestration rights, includes acquire, hold, sell or trade in the
rights.
Department means the Department of Planning, Industry and Environment.
DPC Secretary means the Secretary of the Department of Premier and
Cabinet.
Secretary means the Secretary of the Department.
[5] Section 6 The Service
Omit "those persons employed in the Office who are" from section 6(b).
Insert instead "that part of the Department that is".
[6] Section 21(1)(b) and (2)(a), 29(2)(a) and 71AO(7)(b)
Omit "Office" wherever occurring. Insert instead "Department".
[7] Section 21 Delegation
Omit "47 (1) (d) or" from section 21(3)(c)(vii).
[8] Section 21(3)(c)(viii)
Omit the subparagraph. Insert instead--
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(viii) on the Secretary or the DPC Secretary by the State Records Act 1998,
section 25(2), or
[9] Sections 45(3)(a), 56(3)(a) and 58Q(3)(a)
Omit "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" wherever occurring.
Insert instead "an authorisation under section 171".
[10] Sections 57(4)(a) and 58R(4)(a)
Omit "a licence issued under Division 3 of Part 9 or section 132C" wherever occurring.
Insert instead "an authorisation under section 171".
[11] Section 70 Fauna in wildlife refuges and other areas
Omit "a general licence under section 120, an occupier's licence under section 121, a
commercial fauna harvester's licence under section 123, a scientific licence under section
132C" from section 70(3)(a).
Insert instead "an authorisation under section 171".
[12] Section 72 Preparation of plans of management
Omit ", wildlife refuge or wildlife management area" from section 72(1)(d).
Insert instead "or wildlife refuge".
[13] Section 75 Special areas under the Hunter Water Act 1991--joint preparation and
approval of plans of management
Omit "The Chief Executive" from section 72(2). Insert instead "The Secretary".
[14] Section 81 Operations under plan of management
Omit section 81(4). Insert instead--
(4) Subject to subsection (4A), despite anything in this or another Act or in an
instrument made under this or another Act, if the Minister has adopted a plan
of management under this Part, no operations may be undertaken in relation to
the lands to which the plan relates unless the operations are in accordance with
the plan.
(4A) Subsection (4) does not prevail over section 153G(5) or 185A.
[15] Part 5A
Insert after Part 5--
Part 5A Minister may create and deal with carbon
sequestration rights
82A Meanings of "carbon sequestration" and "carbon sequestration right"
(1) In this Act, carbon sequestration means--
(a) the absorption from the atmosphere of carbon dioxide by land or
anything on land, and
(b) the storage of carbon in land or in anything on land.
(2) In this Act, a carbon sequestration right, in relation to land--
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(a) means the exclusive right to obtain the benefit, whether present or
future, of carbon sequestration, and
(b) includes a carbon sequestration right within the meaning of the
Conveyancing Act 1919, section 87A.
(3) For the purposes of the definitions of carbon sequestration and carbon
sequestration right, land includes terrestrial environments or ecosystems and
aquatic environments or ecosystems.
Note-- See also the definition of land in the Interpretation Act 1987, section 21(1).
(4) The regulations may prescribe other types of carbon sequestration and carbon
sequestration rights for the purposes of the definitions.
82B Minister may create and deal with carbon sequestration rights
(1) The Minister may create and deal with carbon sequestration rights in relation
to land acquired, reserved or dedicated under this Act, other than land reserved
or dedicated under Part 4A.
(2) For the purposes of subsection (1), the Minister may undertake activities
incidental to or in connection with creating and dealing with carbon
sequestration rights.
(3) Without limiting subsection (2), an activity incidental to or in connection with
carbon sequestration rights includes a form of carbon benefit from the
following activities--
(a) revegetation,
(b) vegetation management,
(c) improvements in soil carbon,
(d) the management of feral animals,
(e) fire management,
(f) carbon sequestered through land use changes or rehabilitation,
(g) human-induced regeneration.
(4) A function under this section may be exercised in relation to land only if the
Minister is satisfied that exercising the function is consistent with the objects
of this Act.
(5) A function under this section may not be exercised in relation to land of which
a state conservation area trust, regional park trust or local council has care,
control and management under this Act unless the Minister has consulted with,
and considered advice given by, the trust or council.
(6) The regulations may prescribe other functions or activities that the Minister
may exercise or take in relation to carbon sequestration rights.
82C Review of Part
(1) The Minister must review this Part to determine whether the policy objectives
of the Part remain valid and whether the terms of the Part remain appropriate
for securing the objectives.
(2) The review must be undertaken as soon as possible after the period of 2 years
from the commencement of this Part.
(3) A report on the outcome of the review must be tabled in each House of
Parliament within 12 months after the end of the period of 2 years.
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
[16] Sections 85, 85A, 87, 88-90D, 90F-90I, 90K-90M, 90Q and 90R
Omit "Chief Executive's" and "Chief Executive" wherever occurring.
Insert instead "DPC Secretary's" and "DPC Secretary", respectively.
[17] Part 7
Insert after Part 6A--
Part 7 National Parks and Wildlife Conservation Trust
Division 1 Preliminary
92 Definitions
In this Part--
Public Fund--see section 105(1).
Trust means the National Parks and Wildlife Conservation Trust established
under section 93.
Division 2 Establishment, functions and operation of Trust
93 Establishment of Trust
There is established by this Act a body corporate with the corporate name of
the National Parks and Wildlife Conservation Trust of New South Wales.
94 Status of Trust
(1) The Trust is a statutory body representing the Crown.
(2) The Trust is subject to the control and direction of the Minister, except in
relation to payments from the Public Fund.
(3) The Trust must publish directions given to the Trust by the Minister on the
Trust's website.
95 Trust Board
(1) There is to be a Board of the Trust.
(2) The Board of the Trust must consist of at least 5, and no more than 11,
members appointed by the Minister.
(3) The affairs of the Trust are to be managed by the Board.
(4) An act, matter or thing done in the name of, or on behalf of, the Trust by the
Board is taken to have been done by the Trust.
(5) The Minister may do the following, in accordance with the regulations in
relation to the Board--
(a) appoint members of the Board, including persons with skills and
experience in areas the Minister considers relevant,
(b) appoint a Chairperson and a Deputy Chairperson of the Board,
(c) determine remuneration and entitlements for travelling or other
expenses for members of the Board,
(d) remove a member of the Board from office,
(e) establish committees and procedures for the committees,
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(f) dissolve the Board.
(6) The regulations may make provisions about the following--
(a) the composition of the membership of the Board appointed by the
Minister,
(b) procedures for nominations to the Board,
(c) procedures for the administration of membership of the Board,
including the term of office for members of the Board,
(d) the procedures for--
(i) calling of meetings of the Board, and
(ii) conducting business at the meetings, including procedures to be
determined by the Board,
(e) procedures in relation to possible conflicts of interest,
(f) the application of the Government Sector Employment Act 2013 to
members of the Board,
(g) fees that may be determined by the Board for services,
(h) requirements for the seal of the Trust,
(i) the dissolution of the Board.
96 Object of Trust
(1) The object of the Trust is to support and promote the protection and
enhancement of the natural environment through the use of gifts of money and
property received by the Public Fund by supporting the following actions, if
the actions are in addition to actions that are or would ordinarily be taken--
(a) the acquisition of lands under this Act,
(b) scientific research and monitoring,
(c) threatened species conservation, including restoration,
(d) projects that support the involvement of Aboriginal people in park
management, including joint management,
(e) activities or classes of activities prescribed by the regulations, other
than activities that are part of routine land management or routine
visitor management.
(2) The Trust is not-for-profit.
(3) The object of the Trust is also its principal purpose.
Note-- For donations to the Public Fund to have tax deductible status under the
Income Tax Assessment Act 1997 of the Commonwealth, Subdivision 30-E, the Trust
must have as its principal purpose the protection and enhancement of the natural
environment or of a significant aspect of the natural environment.
97 Functions of Trust
The Trust has the following functions--
(a) to establish and maintain the Public Fund,
(b) to invite and encourage members of the public and organisations to
make gifts of money and property to the Public Fund,
(c) to establish and maintain a website for the purposes of facilitating the
functions of the Trust,
(d) to use gifts, devises, bequests or contributions received by the Public
Fund to support and promote actions specified in section 96(1)(a)-(e) to
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
the extent that the actions promote the protection and enhancement of
the natural environment,
(e) to assess and analyse lands for potential acquisition by payments from
the Public Fund,
(f) to invest money held in the Public Fund,
(g) to exercise functions delegated to the Trust under this Act,
(h) another function conferred or imposed on the Trust by this Act or
another law.
98 Powers of Trust
(1) The Trust has power to do all things that are necessary or convenient to be
done for or in connection with the exercise of its functions or that are
supplemental or incidental to, or consequential on, the exercise of its
functions.
(2) Without limiting subsection (1), the Trust has power to do the following--
(a) to buy, sell, hold, mortgage, lease or otherwise deal with land or other
property,
(b) to borrow money, either with or without security,
(c) to act as trustee of money or other property vested in the Trust,
(d) to invest money held in the Public Fund--
(i) if the Trust is a GSF agency for the purposes of the Government
Sector Finance Act 2018, Part 6--in a way that the Trust is
permitted to invest money under that Part, or
(ii) if the Trust is not a GSF agency for the purposes of the
Government Sector Finance Act 2018, Part 6--in the same way
as trustees may invest trust funds or in another way approved by
the Treasurer,
(e) to make and enter into contracts or other arrangements for the carrying
out of works, the performance of services or the supply of goods or
materials,
(f) to appoint agents,
(g) to set fees in relation to administrative matters.
99 Staff of Trust
(1) Persons may be employed in the Public Service under the Government Sector
Employment Act 2013 to enable the Trust to exercise its functions.
Note-- The Government Sector Employment Act 2013, section 59 provides that the
persons employed, or whose services the Trust makes use of, may be referred to as
officers or employees, or members of staff, of the Trust. The Constitution Act 1902,
section 47A precludes the Trust from employing staff.
(2) The Trust may engage consultants for the purpose of getting expert advice.
100 Delegation by Trust
The Trust may delegate a function of the Trust, other than this power of
delegation, to--
(a) a member of the Board of the Trust, or
(b) an employee of the Trust, or
(c) a person, or a person of a class, prescribed by the regulations.
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101 Annual reports of Trust
The regulations may prescribe additional matters relating to the exercise of the
Trust's functions that the Trust is required to include in its annual report under
the Annual Reports (Statutory Bodies) Act 1984.
102 Exemption from certain State taxes
The Duties Act 1997 does not apply to or in relation to--
(a) the acquisition of land by the Trust for the purposes of this Act, or
(b) the leasing of land, whether as lessor or lessee, by the Trust for the
purposes of this Act, or
(c) the disposal of land by the Trust under this Act.
Division 3 National Parks and Wildlife Conservation Public Fund
103 Definitions
In this Division--
Environment Secretary has the same meaning as in the ITAA 1997.
ITAA 1997 means the Income Tax Assessment Act 1997 of the
Commonwealth.
104 Registration of Trust as environmental organisation
(1) The Trust must comply with the requirements set out in the ITAA 1997,
Subdivision 30-E in relation to the Trust's registration as an environmental
organisation within the meaning of the ITAA 1997.
(2) In particular, the Trust must--
(a) establish and maintain a not-for-profit public fund that meets the
requirements of the ITAA 1997, section 30-130, in accordance with
section 105, and
(b) comply with a rule the Commonwealth Minister and the Environment
Minister make to ensure that gifts made to the public fund are used only
for the principal purpose of the Trust, and
(c) not pay any of the Trust's profits or financial surplus, or give any of the
Trust's property, to its members, and
(d) not act as a mere conduit for the donation of money or property to other
organisations, bodies or persons, and
(e) agree to give the Environment Secretary, within a reasonable period
after the end of each income year, statistical information about gifts
made to the Public Fund during the income year.
(3) In this section--
Commonwealth Minister means a Commonwealth Minister responsible for
administering the relevant provisions of the ITAA 1997.
Environment Minister has the same meaning as in the ITAA 1997.
105 National Parks and Wildlife Conservation Public Fund
(1) The public fund referred to in section 104(2)(a) must be called the National
Parks and Wildlife Conservation Public Fund (the Public Fund).
(2) The Trust must--
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(a) maintain and only use the Public Fund for the principal purpose of the
Trust, and
(b) hold all accountable gifts in the Public Fund, and
(c) not hold other money or property in the Public Fund, and
(d) pay all money held in the Public Fund into an account kept, for the
purposes of the Public Fund, with an authorised deposit-taking
institution, and
(e) keep records that record and explain all transactions and other acts the
Trust engages in that are relevant to the Trust's endorsement as a
deductible gift recipient for operating the Public Fund, and
Note-- The Taxation Administration Act 1953 of the Commonwealth, Schedule
1, section 382-15 requires deductible gift recipients to keep certain records.
(f) issue receipts in the name of the Public Fund for accountable gifts worth
$2 or more, and
(g) notify the Australian Taxation Office and the Environment Secretary of
any changes made to the provisions of this Act that relate to the Trust or
the Public Fund after the Trust is registered as an environmental
organisation under the ITAA 1997, Subdivision 30-E.
(3) In this section--
accountable gifts means gifts, property, contributions or money referred to in
the ITAA 1997, section 30-130.
authorised deposit-taking institution has the same meaning as ADI has in the
ITAA 1997.
106 Transfer of assets on winding up
(1) At the first occurrence of a winding up event, the Trust must transfer surplus
assets of the Public Fund that can be deducted under the ITAA 1997, Division
30 to a tax exempt fund determined by the Minister.
(2) The Minister must give preference to tax exempt funds that operate principally
in New South Wales.
(3) In this section--
tax exempt fund means a public fund that is--
(a) on the register of environmental organisations kept under the ITAA
1997, Subdivision 30-E, and
(b) maintained for a similar purpose to the principal purpose of the Trust.
winding up event means--
(a) the winding up of the Trust, or
(b) the winding up of the Public Fund, or
(c) the revocation of the Trust's endorsement as a deductible gift recipient
under the ITAA 1997, Division 30.
107 Regulations
The regulations may make provisions about matters necessary to ensure
compliance with a requirement under the ITAA 1997 for the proper
functioning of the Trust as a registered environmental organisation under the
ITAA 1997, including in relation to--
(a) additional administrative arrangements to address a requirement, or
(b) additional governance arrangements to address a requirement.
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[18] Section 138 Payments into Fund
Insert after section 138(1)(b)(i)--
(ia) the creation of and dealing with carbon sequestration rights in land
acquired, reserved or dedicated under this Act,
[19] Section 139 Payments out of Fund
Insert after section 139(2)(g)--
(g1) the cost of the Minister creating and dealing with carbon sequestration
rights in land acquired, reserved or dedicated under this Act,
[20] Section 139(2)(m)
Omit ", and".
[21] Section 139(2)(o)
Insert at the end of section 139(2)(n)--
, and
(o) any other costs, charges, expenses, money or fees prescribed by the
regulations.
[22] Part 12A
Insert after Part 12--
Part 12A Assets of intergenerational significance
153F Definitions
In this Part--
conservation action plan means a plan prepared under the regulations for
declared land in relation to assets of intergenerational significance.
declared land--see section 153G(1).
153G Assets of intergenerational significance
(1) If the Minister is satisfied that land reserved or acquired for reservation under
this Act is an environmental or cultural asset of intergenerational significance,
the Minister may, by order published in the Gazette, declare the land to be land
to which this section applies (declared land).
(2) The declaration must--
(a) set out the environmental and cultural values of the land that determined
the land to be declared land, and
(b) include a map of the land.
(3) Despite subsections (1) and (2), or a provision of the regulations, if the
Minister is satisfied that the disclosure of information may place at risk the
protection of the land to be declared land, or the environmental and cultural
values of the land, the following information is not required to be published in
the Gazette or otherwise--
(a) the map required under subsection (2)(b),
(b) information in the declaration that may reveal the location of the
declared land,
(c) the actions that may be taken for the management of the declared land.
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(4) The regulations may make provisions about action that may be taken for the
management of declared land, including the protection of the land from bush
fire risks.
(5) Action authorised by regulations under this section--
(a) may be taken despite a plan of management that applies to the declared
land, and
(b) if the declared land is land reserved or dedicated under Part 4A--may
only be taken if the action has been approved by the board of
management for the land.
(6) Regulations under this section do not affect the Rural Fires Act 1997 or the
regulations under that Act.
153H Application of Planning Act
(1) The following actions are taken to be exempt development for the purposes of
the Environmental Planning and Assessment Act 1979--
(a) an action in relation to declared land, carried out under a conservation
action plan,
(b) an action that may be taken for the management of declared land,
prescribed by the regulations under section 153G(4).
(2) The regulations may exclude an action referred to in subsection (1) from the
operation of this section.
(3) For the purposes of the Environmental Planning and Assessment Act 1979,
section 1.6(2), a reference to an environmental planning instrument includes a
conservation action plan.
(4) A conservation action plan is not a regulatory instrument for the purposes of
the Environmental Planning and Assessment Act 1979, section 3.16.
153I Offence for harm to environmental or cultural value of declared land
(1) A person must not interfere with, damage, harm or disturb an environmental
or cultural value of land that is declared land.
Maximum penalty--
(a) for a corporation--10,000 penalty units, or
(b) for an individual--5,000 penalty units or imprisonment for 2 years, or
both.
Note-- An offence against subsection (1) committed by a corporation is an executive
liability offence attracting executive liability for a director or other person involved in the
management of the corporation--see section 175B.
(2) It is a defence to a prosecution for an offence under subsection (1) if--
(a) the person proves that the person did not know, because the declared
land or environmental or cultural value of the declared land was not
published by operation of section 153G(3), that the person was
interfering with, damaging, harming or disturbing an environmental or
cultural value of declared land, or
(b) action taken by the person was--
(i) carried out under a conservation action plan, or
(ii) an action that may be taken for the management of the declared
land prescribed by the regulations under section 153G(4), or
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(c) action taken by the person was carried out for, or as part of, an
Aboriginal cultural practice, or
(d) action taken by the person was necessary for the carrying out of
development in accordance with a development consent within the
meaning of the Environmental Planning and Assessment Act 1979, or
(e) action taken by the person was in accordance with an activity authorised
by an approval granted by a determining authority within the meaning
of the Environmental Planning and Assessment Act 1979, Part 5 after
compliance with that Part, or
(f) action taken by the person is authorised or required to be carried out
under the Rural Fires Act 1997.
[23] Section 154 Regulations
Insert after section 154(b)--
(c) the creation of and dealing with carbon sequestration rights, and
activities incidental to or connected with the exercise of this function,
[24] Section 155 Regulations relating to parks
Insert "the following" after "particular, for or with respect to" in section 155(2).
[25] Section 155(2)(dd)
Omit "park, and". Insert instead "park,".
[26] Section 155(2)(ee)
Insert after section 155(2)(dd)--
(ee) the development and implementation by the Secretary of a program for
the monitoring and reporting of matters relating to the ecological health
of parks.
[27] Section 155(2AA)
Insert after section 155(2A)--
(2AA) Without limiting the generality of subsection (2), a regulation made under
subsection (2)(ee) may include provisions about the following--
(a) requirements relating to the design of the program for monitoring and
reporting, including--
(i) the park or other lands to which the program applies, and
(ii) the type of ecological health attributes to be measured, and
(iii) the frequency with which the attributes will be measured,
(b) requirements relating to the implementation of the program, including a
requirement that the program be implemented to the greatest extent
practicable,
(c) requirements relating to reporting on the outcomes of the program,
including--
(i) the way the outcomes are published, and
(ii) the type of information that is not required to be published, or the
circumstances in which certain types of information are not
required to be published.
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[28] Section 175B Liability of directors etc for offences by corporation--offences
attracting executive liability
Insert after section 175B(1)(l)--
(l1) section 153I(1),
[29] Section 185 Catchment areas and special areas
Omit "nor the Secretary of the Department of Industry, Skills and Regional Development"
from section 185(5).
[30] Section 185A Special areas under the Hunter Water Act 1991
Omit "by the Chief Executive" from section 185A(5). Insert instead "by the Secretary".
[31] Section 188D Provisions relating to certain existing access roads on National Park
Estate lands
Insert after section 188D(9), definition of access road, paragraph (b)--
(b1) the Forestry Revocation and National Park Reservation Act 1996,
section 9,
[32] Section 188D(9), definition of "exclusion order"
Insert after paragraph (b)--
(b1) the Forestry Revocation and National Park Reservation Act 1996,
section 9(5),
[33] Section 188G Public availability of register
Omit "Office" from section 188G(1). Insert instead "Department".
[34] Section 188H Assets of intergenerational significance
Omit the section.
[35] Sections 197A and 197B
Insert after section 197--
197A Approved cameras--offences relating to vehicles entering or using park
(1) In proceedings for a vehicle entry offence--
(a) a digital image purporting to be taken by means of the operation of an
approved camera installed or set up at the place and on the day specified
on the image, and bearing a security indicator, is prima facie evidence
that the image--
(i) was taken at the place and on the day specified on the image, and
(ii) bears the security indicator, and
(b) evidence that the image bears a security indicator is prima facie
evidence the image has not been altered since the image was taken, and
(c) the image is prima facie evidence of the matters shown or recorded on
the image.
(2) In proceedings for a vehicle entry offence, a certificate purporting to be signed
by the Secretary, and certifying the following particulars with the image, is
admissible as prima facie evidence that--
(a) the person is the Secretary,
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(b) within 12 months, or another period prescribed by the regulations,
including a longer period, before the day recorded on the photograph as
the day on which the photograph was taken, an authorised person
carried out an inspection on the approved camera specified in the
certificate,
(c) on the inspection, the approved camera was found to be operating
correctly.
(3) In this section--
approved camera means a digital camera of a type approved by the Minister
by order published in the Gazette as being designed--
(a) to take a photograph of a motor vehicle as the motor vehicle is being
driven in or around a park, and
(b) to record on the photograph--
(i) the date on which the photograph is taken, and
(ii) the time and location at which the photograph is taken, and
(iii) the direction in which the vehicle activating the camera is
travelling, and
(iv) ancillary information in connection with a fee or charge and the
photographing of the motor vehicle at that time and location that
is prescribed by the regulations.
authorised person means a person authorised by the Secretary to install and
inspect approved cameras.
digital camera means a camera recording device that is capable of recording
images in a digitised format.
digital image includes a digitised, electronic or computer generated image in
a form approved by the Secretary.
park--
(a) means a national park, historic site, state conservation area, regional
park, nature reserve, karst conservation reserve or Aboriginal area, or
land acquired by the Minister under Part 11, and
(b) includes roads and waters in the boundaries of a park, site, area, reserve
or land specified in paragraph (a).
security indicator means a security indicator of a kind approved by the
Minister by order published in the Gazette.
vehicle entry offence means the following offences--
(a) an offence against this Act or the regulations for entering a park by
motor vehicle without payment of a fee or charge,
(b) an offence prescribed by the regulations for the purposes of this section.
197B Information obtained by approved cameras
(1) A person who obtains information in the exercise of a function relating to the
use or operation of an approved camera under section 197A must not directly
or indirectly make a record of, make use of, or give, the information to another
person, unless the information is given--
(a) in the exercise of a function relating to the payment and collection of a
fee or charge under this Act, or
(b) for the enforcement of a vehicle entry offence, or
(c) in the exercise of another function prescribed by the regulations.
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Maximum penalty--50 penalty units.
(2) Subsection (1) does not apply to information given by an authorised officer, or
given in accordance with a protocol approved by the Privacy Commissioner,
to the following--
(a) the Independent Commission Against Corruption,
(b) the Australian Crime Commission,
(c) the New South Wales Crime Commission,
(d) the Ombudsman,
(e) the NSW Police Force, or the police force of another State or a
Territory,
(f) the Australian Federal Police,
(g) the Director of Public Prosecutions of New South Wales, or the Director
of Public Prosecutions of another State or Territory, or of the
Commonwealth,
(h) the Department of Communities and Justice,
(i) Service NSW,
(j) the Office of the Sheriff of NSW,
(k) a person prescribed by the regulations for the purpose of this subsection.
(3) Subsection (2) applies only in relation to information acquired about a motor
vehicle driven in connection with a vehicle entry offence.
(4) In this section--
vehicle entry offence has the same meaning as in section 197A.
[36] Schedule 3 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of National
Parks and Wildlife Amendment Act 2021
Definition
In this Part--
amending Act means the National Parks and Wildlife Amendment Act 2021.
Plans of management
(1) This clause applies if notice of the preparation of a plan of management has
been given under section 73A before the commencement.
(2) The period within which representations may be made under section
73A(2)(c), as in force before the commencement, continues to apply in
relation to the plan of management.
(3) On the commencement, if the responsible authority for the plan of
management--
(a) has not forwarded the plan of management and representations received
to the appropriate regional advisory committee and the Council--the
responsible authority must comply with section 73A(6)-(9), as
substituted by the amending Act, or
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(b) has forwarded the plan of management and representations received to
the appropriate regional advisory committee and the Council--sections
73A and 73B(1)-(6), as in force before the commencement, continue to
apply in relation to the plan of management.
(4) Subclause (3) extends to an amendment, alteration or substitution of a plan of
management under section 73B(7).
(5) In this clause--
commencement means the commencement of the amending Act, Schedule
1.2[6].
Plans of management--alterations and amendments
(1) This clause applies in relation to an amendment, alteration or substitution of a
plan of management under section 73B(7).
(2) The period of 45 days within which representations may be made that applied
immediately before the commencement under section 73(7) continues to apply
to the amendment, alteration or substitution, if notice has been given under
section 73A before the commencement.
(3) In this clause--
commencement means the commencement of the amending Act, Schedule
1.2[6].
Relocation and amendment of section 188H
(1) The relocation of section 188H (the former section) to section 153G, as
amended by the amending Act--
(a) does not affect a declaration of land under the former section before the
commencement of section 153G, and
(b) does not affect regulations made under the former section or actions
authorised by the regulations.
(2) A reference in an Act, instrument or other documents to the former section,
made before the commencement of section 153G, is taken to be a reference to
section 153G.
[37] Schedule 9 The Aboriginal Cultural Heritage Advisory Committee
Insert "native title holders within the meaning of the Native Title Act 1993 of the
Commonwealth and" before "registered" in clause 1(2)(d)(ii).
1.2 Amendments commencing after assent
[1] Section 23 Functions and duties of Council
Omit "and the development, implementation, review, amendment and alteration of plans of
management for those areas" from section 23(1)(a)(iv).
Insert instead ", including, if requested by the Minister, the content of specific plans of
management".
[2] Section 25 Functions of advisory committees
Omit section 25(1)(c). Insert instead--
(c) to provide advice to the Minister on draft plans of management relating
to the administrative region for which the committee was constituted,
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[3] Section 30 Function of Karst Management Advisory Committee
Omit section 30(b).
[4] Section 30(2)
Insert at the end of the section--
(2) The function of the Karst Management Advisory Committee is also to advise
a regional advisory committee on a plan of management for land reserved
under this Act that contains significant karst environment, being a plan the
responsible authority has referred to the Committee for consideration and
advice.
[5] Section 71BFA
Insert after section 71BF--
71BFA Aboriginal Land Council may create and deal with carbon sequestration rights
(1) An Aboriginal Land Council may create and deal with carbon sequestration
rights in relation to reserved or dedicated lands vested in the Aboriginal Land
Council.
(2) For the purposes of subsection (1), the Aboriginal Land Council may
undertake activities incidental to or in connection with the creating and dealing
with, carbon sequestration rights.
(3) Without limiting subsection (2), an activity incidental to or in connection with
carbon sequestration rights includes a form of carbon benefit from the
following activities--
(a) revegetation,
(b) vegetation management,
(c) improvements in soil carbon,
(d) the management of feral animals,
(e) fire management,
(f) carbon sequestered through land use changes or rehabilitation,
(g) human-induced regeneration.
(4) A function under this section may be exercised in relation to land only if the
Aboriginal Land Council is satisfied that exercising the function is consistent
with the objects of this Act.
(5) A function under this section may be exercised in relation to land only with the
agreement of the board of management for the land.
(6) The Secretary may, subject to subsections (4) and (5), exercise functions under
this section on behalf of an Aboriginal Land Council, but only at the request
of the Aboriginal Land Council.
(7) The regulations may prescribe other functions or activities that the Aboriginal
Land Council may take in relation to carbon sequestration rights.
[6] Section 73A
Omit the section. Insert instead--
73A Public exhibition and consultation for plans of management
(1) When a plan of management is prepared, the responsible authority must give
notice of the preparation of the plan in accordance with the regulations.
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(2) The notice must include--
(a) the address of the place at which copies of the plan of management may
be inspected, and
(b) the address to which representations may be forwarded, and
(c) the period within which representations may be made, being a period of
not less than 60 days from the date on which the notice is made public
(the representation period).
(3) The period between 20 December and 10 January, inclusive, is excluded from
the calculation of days in a representation period.
Note-- See also the Interpretation Act 1987, section 36(2) if the last day of a
representation period is a Saturday or Sunday or public holiday.
(4) The Council may, by written notice given to the Secretary before the end of
the representation period, request that a draft plan of management be referred
to the Council if the Council considers the draft plan raises issues of
State-wide significance about the management of land under this Act.
(5) If the Council makes a request under subsection (4)--
(a) the Secretary must refer the plan of management and all representations
received during the representation period to the Council, and
(b) the Council must consider the draft plan and the representations and
provide advice within 28 days after the end of the representation period
to--
(i) for land reserved or dedicated under Part 4A--the responsible
authority, or
(ii) otherwise--to the Minister.
(6) The responsible authority for a plan of management for a national park,
historic site, state conservation area, regional park, nature reserve, karst
conservation reserve, Aboriginal area or land reserved or dedicated under Part
4A must provide to the appropriate regional advisory committee--
(a) the plan of management on the day the responsible authority gives
notice of the preparation of the plan under subsection (1), and
(b) all representations received during the representation period.
(7) The responsible authority for a plan of management must also provide the plan
of management to the Karst Management Advisory Committee constituted by
this Act if the plan of management relates to land that contains significant karst
environments.
(8) The Karst Management Advisory Committee must provide advice to the
appropriate regional advisory committee within 14 days after the end of the
representation period.
(9) The appropriate regional advisory committee must--
(a) consider the plan of management and representations, and
(b) provide advice that the committee considers appropriate, including
advice provided by the Karst Management Advisory Committee--
(i) for land reserved or dedicated under Part 4A--to the responsible
authority within 28 days after the end of the representation
period, or
(ii) otherwise--to the Minister within 28 days after the end of the
representation period, or a longer period that the Minister
determines.
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(10) This section does not apply in relation to a plan of management for land within
Zone 1, 2 or 3 of the Community Conservation Area under the Brigalow and
Nandewar Community Conservation Area Act 2005.
[7] Section 73B Adoption, amendment and cancellation of plans of management
Omit section 73B(1). Insert instead--
(1) The Minister may do the following after considering representations made
under section 73A and advice from the appropriate regional advisory
committee and, if provided, advice from the Council--
(a) adopt a plan of management without alteration,
(b) adopt a plan of management with the alterations the Minister thinks fit,
(c) refer the plan of management back to the responsible authority for
further consideration.
(1A) For subsection (1), advice received from the appropriate regional advisory
committee and the Council in relation to land reserved or dedicated under Part
4A must be provided to the Minister by the responsible authority.
(1B) Despite subsections (1) and (1A) the Minister may--
(a) if the appropriate regional advisory committee or responsible authority
do not provide advice--
(i) adopt a plan of management, without alteration or with the
alterations the Minister thinks fit, or
(ii) refer the plan of management back to the responsible authority
and the regional advisory committee for further consideration, or
(b) if the appropriate regional advisory committee is not properly
constituted--adopt a plan of management, without alteration or with the
alterations the Minister thinks fit, or
(c) consider advice provided by the appropriate regional advisory
committee after the expiration of the period for providing advice to the
Minister under section 73A(9).
[8] Section 73B(6)
Insert ", (1B)" after "(1)".
[9] Section 73B(7)
Omit "to "90 days" is taken to be a reference to "45 days"". Insert instead "to "60 days" is
taken to be a reference to "42 days"".
[10] Schedule 1A Reservation of land
Insert after Part 2--
Part 3 Land transfers and reservation
3 Relationship to Forestry Act 2012 and Crown Land Management Act 2016
(1) This Part has effect despite--
(a) the provisions of the Forestry Act 2012, in particular provisions that
provide for a different procedure for revoking the dedication of State
forest, a special management zone or a flora reserve, and
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(b) the provisions of the Crown Land Management Act 2016, in particular
provisions that provide for a different procedure for revoking the
dedication or reservation of Crown land.
(2) Without limiting clause 1, this Part has effect despite provisions of this Act
that provide for a different procedure for reserving, or revoking the reservation
of, national parks and state conservation areas.
4 Revocation of State forest dedications and reservation as part of Wollemi
National Park
(1) The dedication of the land described in subclause (2) as State forest is revoked.
(2) An area of about 2,257 hectares, being part of Newnes State Forest No 748,
dedicated by proclamation published in the NSW Government Gazette on 21
May 1920, and part Extensions No 4 and No 5, dedicated on 12 March 1976
and 23 April 2004, respectively, in the County of Cook, Parishes of Cook and
Rock Hill, and being designated as 51-01 on the diagram catalogued Misc R
00355 Edition 1 held by the Service, subject to any variation or exceptions
noted on the diagram.
(3) The land described in subclause (2) is reserved as part of the Wollemi National
Park.
(4) A notice under the Forestry Act 2012, section 16 or 18 that declares an area of
State forest, the dedication of which is revoked by this clause, as a flora reserve
or special management zone is also revoked to the extent to which it relates to
a flora reserve or special management zone, or a part of either, situated within
the land described in subclause (2).
5 Revocation of State forest dedications and reservation as Gardens of Stone
State Conservation Area
(1) The dedication of the following land as State forest is revoked--
(a) an area of about 6,235 hectares, being part of Ben Bullen State Forest
No 434, dedicated by proclamation published in the NSW Government
Gazette, being part Extension No 1, No 2, No 3, No 4 and No 6,
dedicated on 20 May 1938, 17 June 1955, 8 August 1958, 29 May 1970
and 18 March 1983, respectively, in the Counties of Cook and
Roxburgh, Parishes of Ben Bullen, Cox, Cullen Bullen and Lidsdale
and being designated as 1201-01 on the diagram catalogued Misc R
00355 Edition 1 held by the Service, subject to any variation or
exceptions noted on the diagram,
(b) an area of 1053.8 hectares, being Wolgan State Forest No 454,
dedicated by proclamation published in the NSW Government Gazette
on 25 May 1917, in the County of Cook, Parish of Wolgan and being
designated as 1201-02 on the diagram catalogued Misc R 00355 Edition
1 held by the Service, subject to any variation or exceptions noted on the
diagram,
(c) an area of about 21,033 hectares, being part of Newnes State Forest No
748, dedicated by proclamation published in the NSW Government
Gazette on 21 May 1920, and Extension No 1, No 2, No 3, part No 4 and
No 5, dedicated 24 March 1921, 7 July 1922, 8 April 1932, 12 March
1976 and 23 April 2004, respectively, in the County of Cook, Parishes
of Clwydd, Cook, Cox, Lidsdale, Marrangaroo, Rock Hill and Wolgan,
and being designated as 1201-03 on the diagram catalogued Misc R
00355 Edition 1 held by the Service, subject to any variation or
exceptions noted on the diagram.
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Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(2) The land described in subclause (1) is reserved as the Gardens of Stone State
Conservation Area.
(3) The reservations in this clause are restricted to a depth of 50 metres below the
surface of the land.
(4) A notice under the Forestry Act 2012, section 16 or 18 that declares an area of
State forest, the dedication of which is revoked by subclause (1), as a flora
reserve or special management zone is also revoked to the extent to which it
relates to a flora reserve or special management zone, or a part of either,
situated within the land described in subclause (1).
6 Revocation of reserved or dedicated Crown lands as national park or state
conservation area
(1) The following Crown land dedicated or reserved under the Crown Land
Management Act 2016, sections 2.3 and 2.8 is revoked--
(a) all that piece or parcel of land containing 380 hectares, situated in the
County of Cook, Parish of Wolgan being Lot 44, 45 and 47, DP 751666,
Lots 1, 2, 3 and 4, DP 722376, and being designated as 87-01 on the
diagram catalogued Misc R 00355 Edition 1 held by National Parks and
Wildlife Service, subject to any variation or exceptions noted on the
diagram,
(b) all that piece or parcel of land containing about 617 hectares, situated in
the County of Cook, Parishes of Cox and Wolgan being Lot 7001, DP
1055079, Lot 7006, DP 1055080, Lot 7300, DP 1139065 and Lot 7003,
DP 1026540, and being designated as 1201-04 on the diagram
catalogued Misc R 00355 Edition 1 held by the Service, subject to any
variation or exceptions noted on the diagram.
(2) The land described in subclause (1)(a) is reserved as part of the Gardens of
Stone National Park.
(3) The land described in subclause (1)(b) is reserved as the Gardens of Stone
State Conservation Area.
(4) The reservation in subclause (1)(b) is restricted to a depth of 50 metres below
the surface of the land.
(5) A lease or other interest in the land described in subclause (1) remains in force,
as if the land had not been reserved, except as provided under subclause (6).
(6) Crown-timber lands or timber reserves on the land described in subclause (1)
are revoked by this clause, to the extent that the lands or reserves, or parts of
the lands or reserves, are situated within the land described in subclause (1).
(7) In this clause--
Crown-timber land has the same meaning as in the Forestry Act 2012.
timber reserve has the same meaning as in the Forestry Act 2012.
7 Adjustment of description of transferred land
(1) The Secretary may adjust a description of land in clauses 4(2), 5(1)(a)-(c) and
6(1)(a) and (b) from time to time--
(a) to alter the boundaries of the land for the purposes of the effective
management of national park estate land, State forests land and Crown
lands, including adjustments to enable boundaries to follow distinctive
land features, to provide access to land or to rationalise the boundaries
of similar areas of land, or
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(b) to adjust the boundary of land adjoining a public road, including
adjustments to enable the boundary to follow the formed path of the
road or to provide an appropriate setback from the carriageway of the
road, or
(c) to include, remove or change the description of an easement or
restriction to which the land is subject, or
(d) to provide a more detailed description of the boundaries of the land.
(2) The land description adjustment must be made by notice published in the
Gazette.
(3) A notice made under this clause may be published in the Gazette only with the
approval of--
(a) the Minister, and
(b) to the extent the notice relates to a State forest--the Minister
administering the Forestry Act 2012, and
(c) to the extent the notice applies to Crown land or a Crown road--the
Minister administering the Crown Land Management Act 2016, and
(d) to the extent the notice applies to a classified road--the Minister
administering the provisions of the Roads Act 1993 relating to classified
roads.
(4) The Secretary is required to certify in a notice under this clause that the
adjustments effected by the notice will not result in significant reduction in the
size or value of national park estate land or State forest land.
(5) If a part of the land described in clauses 4(2), 5(1)(a)-(c) and 6(1)(a) and (b)
is not included in the adjusted land description, the land is taken to never have
been subject to or affected by the provisions of this Part applying to the land.
(6) If land included in the adjusted land description includes land not described in
clauses 4(2), 5(1)(a)-(c) and 6(1)(a) and (b), the land is taken to have been
subject to the provisions of this Part on and from the day on which this Part
commences.
(7) The Secretary may, in a notice published under this clause to adjust the
boundary of land adjoining a public road, declare that the land described in the
notice--
(a) is part of the public road and, accordingly, is vested in the roads
authority for the public road under the Roads Act 1993, or is Crown
land, or
(b) ceases to be part of the public road and is divested from the relevant
roads authority or the Crown and becomes part of the land subject to the
provisions of this Act applying to land described in the relevant
Schedule in which the land is included.
(8) A declaration under subclause (7) has effect despite anything to the contrary
in the Roads Act 1993.
(9) A land description adjustment may be made at any time until the day that is 5
years after this Part commences.
(10) In this clause--
appropriate setback, in relation to the carriageway of a road, includes a
setback that allows for drainage, signposts, traffic control devices, lighting and
other supporting infrastructure for the road.
classified road has the same meaning as in the Roads Act 1993.
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land adjoining a public road includes land in the vicinity of a public road.
national park estate land means the following--
(a) land reserved under this Act,
(b) land vested in the Minister for the purposes of this Act, Part 11.
public road has the same meaning as in the Roads Act 1993.
8 Savings in relation to revocations
A revocation effected by the National Parks and Wildlife Amendment Act
2021 does not affect anything done or omitted to be done before the revocation
takes effect.
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Schedule 2 Amendment of National Parks and Wildlife Regulation 2019
Schedule 2 Amendment of National Parks and Wildlife
Regulation 2019
[1] Clause 3 Definitions
Omit clause 3(1), definitions of DPC Secretary and Secretary.
[2] Part 6A
Insert before Part 7--
Part 6A Board of National Parks and Wildlife Conservation
Trust--the Act, s 95(5)
Division 1 Preliminary
69A Definitions
In this Part--
Board means the Board of the National Parks and Wildlife Conservation
Trust.
Chairperson means the Chairperson of the Board.
Deputy Chairperson means the Deputy Chairperson of the Board.
member means a member of the Board.
Division 2 Membership
69B Composition
(1) The persons appointed as members must be persons who, in the Minister's
opinion, have skills and experience in one or more of the following areas--
(a) philanthropy,
(b) conservation,
(c) financial management,
(d) communications,
(e) others areas the Minister considers relevant.
(2) Government sector employees are eligible to be appointed as members of the
Board, but must not make up a majority of members.
(3) The Minister may publicly advertise for nominations for appointment of
persons as members of the Board.
69C Chairperson and Deputy Chairperson
(1) The Minister must appoint a member as--
(a) a Chairperson, and
(b) a Deputy Chairperson.
(2) The Chairperson or Deputy Chairperson vacates office as Chairperson or
Deputy Chairperson if the person--
(a) ceases to be a member of the Board, or
(b) resigns from the office of Chairperson or Deputy Chairperson by
instrument in writing, including electronic communication, addressed
to the Minister, or
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(c) is removed from the office of Chairperson or Deputy Chairperson by the
Minister.
(3) If the office of Chairperson or Deputy Chairperson becomes vacant, a person
must be appointed to fill the vacancy.
69D Terms of office
(1) Subject to this Part, a member holds office for the period specified in the
member's instrument of appointment.
(2) The period referred to in subclause (1) must not exceed 5 years.
(3) A member may be re-appointed.
69E Removal from office
The Minister may remove a member from office.
69F Vacancy in office of member
The office of a member becomes vacant if the member--
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing, including electronic
communication, addressed to the Minister, or
(d) is removed from office by the Minister, or
(e) becomes bankrupt, applies to take the benefit of a law for the relief of
bankrupt or insolvent debtors, compounds with the member's creditors
or makes an assignment of the member's remuneration for the
member's benefit, or
(f) is a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere of an
offence that, if committed in New South Wales, would be an offence
punishable by imprisonment for 12 months or more.
69G Remuneration
A member is entitled to be paid the remuneration, including travelling and
subsistence allowances, determined by the Minister for the member.
Division 3 Procedure
69H Quorum
The quorum for a meeting of the Board is a majority of the Board's members
for the time being.
69I Presiding member
(1) The Chairperson must preside at a meeting of the Board, unless the
Chairperson is absent.
(2) If the Chairperson is absent--
(a) the Deputy Chairperson must preside, or
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(b) if the Deputy Chairperson is absent--a person from among the
members present, elected by the members who are present at the
meeting, must preside.
(3) The person presiding at a meeting has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.
69J General procedure
The procedure for calling meetings of the Board and for conducting business
at the meetings is, subject to the Act and the regulations, to be determined by
the Board.
69K Voting
A decision supported by a majority of the votes cast at a meeting of the Board
at which a quorum is present is the decision of the Board.
69L Disclosure of pecuniary interests
(1) A member must disclose the nature of a pecuniary interest at a meeting of the
Board as soon as possible after the relevant facts have come to the member's
knowledge.
(2) A member has a pecuniary interest if--
(a) the member has a direct or indirect pecuniary interest in a matter being
considered, or about to be considered, at a meeting of the Board, and
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter.
(3) A disclosure is a sufficient disclosure of the nature of an interest in a matter
relating to a company or other body, or to a person, that may arise after the date
of the disclosure under subclause (1) if the disclosure is that the member--
(a) is a member, or is in the employment, of a specified company or other
body, or
(b) is a partner, or is in the employment of, a specified person, or
(c) has some other specified interest relating to a specified company or
other body, or to a specified person.
(4) Particulars of a disclosure made under this clause must be recorded by the
Board in a book that is--
(a) kept for the purpose of recording disclosures, and
(b) open to inspection at all reasonable hours by a person on payment of the
fee determined by the Board.
(5) After a member has disclosed the nature of an interest in a matter, the member
must not, unless the Minister or the Board otherwise determines--
(a) be present during a deliberation of the Board about the matter, or
(b) take part in a decision of the Board about the matter.
(6) For the purposes of making a determination by the Board under subclause (5),
a member who has a direct or indirect pecuniary interest in a matter to which
the disclosure relates must not--
(a) be present during a deliberation of the Board for the purpose of making
the determination, or
(b) take part in the making of the determination by the Board.
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(7) A contravention of this clause does not invalidate a decision of the Board.
69M Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the
employment of Public Service employees do not apply to a member.
(2) A provision of another Act does not disqualify a person from holding a
specified office and also the office of member, or from accepting and retaining
remuneration payable to the person as a member, merely because the
provision--
(a) requires a person who is the holder of the specified office to devote the
whole of the person's time to the duties of the office, or
(b) prohibits the person from engaging in employment outside the duties of
the office.
69N Transaction of business outside meetings or by telephone or other means
(1) The Board may transact its business by the circulation of papers among all the
members of the Board for the time being.
(2) If the Board transacts business by the circulation of papers, a resolution in
writing, approved in writing by a majority of the members, is taken to be a
decision of the Board made at a meeting of the Board.
(3) The Board may transact its business at a meeting at which members, or some
members, participate by telephone or other electronic means, but only if a
member who speaks on a matter before the meeting can be heard by the other
members.
(4) The Chairperson and each other member have the same voting rights as the
Chairperson and the other member would have at an ordinary meeting of the
Board for the purposes of--
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (3).
(5) A resolution approved under subclause (2) must, subject to this Part, be
recorded in the minutes of the meetings of the Board.
(6) Papers may be circulated among the members for the purposes of subclause
(1) by electronic means.
69O Seal of Trust
(1) The seal of the Trust must be kept by--
(a) a member of the Board, or
(b) a member of staff of the Trust, authorised by the Board to keep the seal.
(2) The Board may authorise a member of the Board or of the staff of the Trust to
witness an affixing of the seal generally or in a particular case or class of cases
(an authorised witness).
(3) The seal of the Trust must be affixed to a document only--
(a) in the presence of an authorised witness, and
(b) with an attestation by the signature of an authorised witness of the fact
of the affixing of the seal.
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National Parks and Wildlife Amendment Bill 2021 [NSW]
Schedule 2 Amendment of National Parks and Wildlife Regulation 2019
[3] Clause 78A Definitions
Omit the definition of Department.
[4] Clause 78A, definition of "environmental and cultural values" and 78E(1)
Omit "section 188H" wherever occurring.
Insert instead "section 153G".
[5] Clause 78B Management of declared land
Omit "section 188H(2)". Insert instead "section 153G(4)".
[6] Clause 78C Preparation of conservation action plans
Omit "of the land" from section 78C(3)(d). Insert instead "of the environmental or cultural
values of the land".
[7] Clause 78D(2), 78F(2), 78I(2) and 78J(5)
Omit "diminish" wherever occurring. Insert instead "place at risk".
[8] Clause 87A
Insert after clause 87--
87A Vehicle entry offences
For the purposes of section 197A(3), definition of vehicle entry offence,
paragraph (b), an offence under clause 10G is prescribed.
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National Parks and Wildlife Amendment Bill 2021 [NSW]
Schedule 3 Amendment of other Acts and instruments
Schedule 3 Amendment of other Acts and instruments
3.1 Biodiversity Conservation Regulation 2017
Clause 5.1 Criteria for determining if land eligible to be designated as biodiversity
stewardship site (section 5.7(3))
Insert "or" after "offset obligation" in clause 5.1(1)(c)(ii).
3.2 Government Sector Finance Legislation (Repeal and Amendment) Act
2018 No 70
Schedule 4 Other amendments to legislation
Insert at the beginning of Schedule 4.72--
[1] Section 101 Annual reports of Trust
Omit the section. Insert instead--
101 Annual reporting information for Trust
The regulations may prescribe additional matters relating to the exercise
of the Trust's functions that the Trust is required to include in the annual
reporting information prepared for the Trust under the Government
Sector Finance Act 2018.
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