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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Park Estate (Reservations) Bill 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Land transfers
4 Revocation of State forests 3
5 Reservation of former State forests as national park or state
conservation area 3
6 Vesting in NPW Minister of former State forests on 1 January 2019 3
7 Adjustment of description of land transferred to national park estate 3
Part 3 Miscellaneous
8 Act to bind Crown 6
9 Regulations 6
Schedule 1 State forests reserved as national park 7
Schedule 2 State forests reserved as state conservation area 8
Schedule 3 State forests vested in NPW Minister 9
Schedule 4 Land transfers--ancillary and special provisions 10
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, , 2018
New South Wales
National Park Estate (Reservations) Bill 2018
Act No , 2018
An Act to transfer certain State forest land to the national park estate; 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 Park Estate (Reservations) Bill 2018 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the National Park Estate (Reservations) Act 2018.
2 Commencement
This Act commences on 1 January 2019.
3 Definitions
(1) In this Act:
NPW Minister means the Minister administering Divisions 1 and 2 of Part 4 of the
National Parks and Wildlife Act 1974.
State forest means land dedicated under the Forestry Act 2012 (or under the former
Forestry Act 1916 or the former Forestry Act 1909) as a State forest, being a
dedication that is in force.
Note. The Interpretation Act 1987 contains definitions and other provisions that affect the
interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
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National Park Estate (Reservations) Bill 2018 [NSW]
Part 2 Land transfers
Part 2 Land transfers
4 Revocation of State forests
(1) The dedication as State forest of the lands described in Schedules 1, 2 and 3 is
revoked on 1 January 2019.
(2) Any notices under section 18 of the Forestry Act 2012 (or under section 21A of the
Forestry Act 1916) that declare, as special management zones, areas of State forests
whose dedication is revoked by subsection (1) are also revoked by this Act on the
date the dedication is revoked, but only to the extent to which they relate to special
management zones, or parts of special management zones, situated within the lands
referred to in that subsection.
(3) Any notices under section 16 of the Forestry Act 2012 (or under section 25A of the
Forestry Act 1916) that set apart, as flora reserves, areas of State forests whose
dedication is revoked by subsection (1) are also revoked by this Act on the date the
dedication is revoked, but only to the extent to which they relate to flora reserves, or
parts of flora reserves, situated within the lands referred to in that subsection.
5 Reservation of former State forests as national park or state conservation area
The lands described in Schedules 1 and 2 are, on the date their dedication as State
forest is revoked by section 4, reserved under the National Parks and Wildlife Act
1974 as, or as part of, national park or state conservation area (as indicated in the
relevant Schedule).
6 Vesting in NPW Minister of former State forests on 1 January 2019
(1) The lands described in Schedule 3 vest, on 1 January 2019, in the NPW Minister on
behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife
Act 1974 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 lands were
subject, and any such dedication, reservation, grant or vesting is revoked.
(2) Despite subsection (1), the lands described in Schedule 3 are not freed and
discharged from any continued perpetual lease, continued special lease or continued
term lease within the meaning of Schedule 1 to the Crown Land Management Act
2016 (or from rights or interests arising under an incomplete purchase within the
meaning of that Act of land that was formerly under a lease of that kind) to which the
lands were subject immediately before their vesting under this section.
7 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedules 1, 2 and 3 (a relevant Schedule) may be
adjusted in accordance with this section.
(2) A description of land may be adjusted from time to time:
(a) to alter the boundaries of the land for the purposes of the effective
management of national park estate land and State forest land, 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
(b) to adjust the boundary of any 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 a description of any easement or restriction to
which the land is subject, or
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National Park Estate (Reservations) Bill 2018 [NSW]
Part 2 Land transfers
(d) to provide a more detailed description of the boundaries of the land.
(3) Any adjustment of a description of land may include adding to a relevant Schedule a
description of the land removed by the adjustment from the description of land in
another relevant Schedule.
(4) An adjustment of the description of land is to be made by the Environment Agency
Head by a notice published on the NSW legislation website that amends a relevant
Schedule.
(5) A notice under this section may be published only with the approval of:
(a) the NPW Minister, and
(b) to the extent that the notice relates to a State forest--the Minister
administering the Forestry Act 2012, and
(c) to the extent that the notice applies to Crown land or a Crown road--the
Minister administering the Crown Land Management Act 2016, and
(d) to the extent that the notice applies to a classified road--the Minister
administering the provisions of the Roads Act 1993 relating to classified roads.
(6) The Environment Agency Head is required to certify in any notice under this section
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.
(7) An adjustment of the description of land may only be made before 1 January 2022.
(8) If any of the land described in a relevant Schedule on the commencement of this Act
is not included in the adjusted description of the land, the land that is not included is
taken never to have been subject to or affected by the provisions of this Act applying
to land described in the relevant Schedule.
(9) If land included in the adjusted description of the land includes any land not
described in a relevant Schedule on the commencement of this Act, the land is taken
to have been subject, on and from the commencement of this Act, to the provisions
of this Act applying to land described in the relevant Schedule.
(10) The Environment Agency Head may, in a notice published under this section to
adjust the boundary of land adjoining a public road, declare that:
(a) the land (described in the notice) 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) the land (described in the notice) 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.
(11) A declaration under subsection (10) has effect despite anything to the contrary in the
Roads Act 1993.
(12) In this section:
appropriate setback, in relation to a 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 and public road have the same meanings as they have in the Roads
Act 1993.
Environment Agency Head means the Chief Executive of the Office of Environment
and Heritage.
land adjoining a public road includes land in the vicinity of a public road.
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National Park Estate (Reservations) Bill 2018 [NSW]
Part 2 Land transfers
national park estate land means:
(a) land reserved under the National Parks and Wildlife Act 1974, or
(b) land vested in the NPW Minister for the purposes of Part 11 of the National
Parks and Wildlife Act 1974.
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National Park Estate (Reservations) Bill 2018 [NSW]
Part 3 Miscellaneous
Part 3 Miscellaneous
8 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative
power of the Parliament of New South Wales permits, the Crown in all its other
capacities.
9 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that
is necessary or convenient to be prescribed for carrying out or giving effect to this
Act.
(2) The regulations may contain provisions of a savings or transitional nature consequent
on the enactment of this Act or any Act that amends this Act.
(3) Any such provision has effect despite anything to the contrary in Schedule 4 (Land
transfers--ancillary and special provisions). The regulations may make separate
savings and transitional provisions or amend Schedule 4 to consolidate the savings
and transitional provisions.
(4) Any such provision may, if the regulations so provide, take effect from the date of
assent to the Act concerned or a later date.
(5) To the extent to which any such provision takes effect from a date that is earlier than
the date of its publication on the NSW legislation website, the provision does not
operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the date of its
publication, or
(b) to impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the date of its
publication.
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 1 State forests reserved as national park
Schedule 1 State forests reserved as national park
1 Addition to Willi Willi National Park: Carrai State Forest No 909
An area of about 2,080 hectares, being part of Carrai State Forest No 909, dedicated
by proclamation published in the NSW Government Gazette on 14 October 1949,
and Extensions No 1 and No 5, dedicated on 28 April 1950 and 2 August 1985,
respectively, in the Parishes of Clarke, Loch and Dudley, Counties of Dudley and
Vernon, and being the land shown coloured pink on the diagram catalogued
Misc R 00339 in the Office of Environment and Heritage, subject to any variations
or exceptions noted on the diagram.
2 Addition to Budderoo National Park: Yarrawa State Forest No 878
An area of about 120.6 hectares, being part of Yarrawa State Forest No 878,
dedicated by proclamation published in the NSW Government Gazette on
26 February 1943, being the whole of Extension 1, dedicated on 11 November 1949,
in the Parish of Yarrawa, County of Camden.
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 2 State forests reserved as state conservation area
Schedule 2 State forests reserved as state conservation area
1 Addition to Curracabundi State Conservation Area: Mernot State Forest No 1047
An area of about 1,144 hectares, being the whole of Mernot State Forest No 1047,
dedicated by proclamation published in the NSW Government Gazette on 3 October
1986, being the whole of Extension 1, dedicated on 8 May 1987, in the Parish of
Barnard, County of Hawes.
2 Yango State Conservation Area
An area of about 647.5 hectares, being the whole of Yango State Forest No 278,
dedicated by proclamation published in the NSW Government Gazette on
15 December 1916, in the Parish of Yango, County of Northumberland.
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 3 State forests vested in NPW Minister
Schedule 3 State forests vested in NPW Minister
1 An area of about 513 hectares, being the whole of Muldiva State Forest No 1049,
being Lot 8, DP 752815 and dedicated by proclamation published in the NSW
Government Gazette on 12 June 1987, in the Parish of Bostobrick, County of Fitzroy.
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 4 Land transfers--ancillary and special provisions
Schedule 4 Land transfers--ancillary and special provisions
1 Exclusion of freehold and certain leasehold interests
(1) The following land is not reserved by this Act:
(a) land that a person holds for an estate in fee simple,
(b) land that a person holds under a continued perpetual lease, a continued special
lease or a continued term lease within the meaning of Schedule 1 to the Crown
Land Management Act 2016,
(c) land that is comprised in an incomplete purchase within the meaning of the
Crown Land Management Act 2016 if the land was formerly under a lease of
the kind referred to in paragraph (b).
(2) This clause has effect despite any other provision of this Act.
(3) However, this clause does not apply to any interest in land of the NPW Minister or
the Water Administration Ministerial Corporation.
2 Application of Act
(1) This Act has effect despite the provisions of the Forestry Act 2012 and, in particular,
despite any different procedure under that Act for the revocation of State forests,
national forests, special management zones, flora reserves or timber reserves.
(2) This Act has effect despite the provisions of the National Parks and Wildlife Act
1974 and, in particular, despite any different procedure for reserving or vesting, or
revoking the reservation of, land under that Act.
3 Reservation of lands as national park or state conservation area
(1) The lands reserved as, or as parts of, national park or state conservation area by this
Act are, for the purposes of the National Parks and Wildlife Act 1974, taken to have
been so reserved by notice published under Division 1 of Part 4 of that Act.
(2) A reference in the National Parks and Wildlife Act 1974 to the publication of a notice
under Division 1 of Part 4 of that Act is, in relation to a reservation of any of the lands
described in Schedule 1 or 2 that is effected by this Act, taken to be a reference to the
commencement of the operation of the relevant item of the Schedules.
(3) A name assigned to any national park or state conservation area by this Act is taken
to have been assigned to that land by notice published under Division 1 of Part 4 of
the National Parks and Wildlife Act 1974.
(4) Sections 35 and 47D of the National Parks and Wildlife Act 1974 do not apply to a
reservation of land as, or as part of, a national park or state conservation area that is
effected by this Act.
4 Existing leases under Forestry Act 2012 affecting lands reserved as national park or
state conservation area
Sections 42 (2) and 47K of the National Parks and Wildlife Act 1974 apply to and in
respect of a lease under the Forestry Act 2012, being a lease:
(a) affecting any of the lands described in Schedule 1 or 2 that are reserved as, or
as parts of, national park or state conservation area by this Act, and
(b) current and in force immediately before 1 January 2019,
in the same way as those sections apply to a licence or permit under the Forestry Act
2012.
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 4 Land transfers--ancillary and special provisions
5 Access roads within national park or state conservation area
(1) In this clause:
access roads means the roads, tracks, trails and other means of access referred to in
subclause (2) (a)-(c).
private land holding means land held:
(a) by an owner within the meaning of the National Parks and Wildlife Act 1974,
or
(b) as a holding within the meaning of the Crown Land Management Act 2016.
(2) This clause applies to and in respect of the following access roads situated within the
lands described in Schedule 1 or 2 immediately before 1 January 2019:
(a) roads of access within the meaning of section 37 of the Forestry Act 2012 (or
section 33A of the Forestry Act 1916),
(b) roads, tracks, trails and other means of access used, immediately before
1 January 2019, for access to private land holdings within those lands,
(c) roads, tracks, trails and other means of access through those lands to State
forests or private land holdings that adjoin or are in the vicinity of the lands.
(3) The access roads to which this clause applies are not, on 1 January 2019, reserved as,
or as part of, a national park or state conservation area by this Act but vest in the
NPW Minister on behalf of the Crown for the purposes of Part 11 of the National
Parks and Wildlife Act 1974 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 lands were
subject, and any such dedication, reservation, grant or vesting is revoked.
(4) The access roads may continue, subject to this clause, to be used for the purposes for
which they were used immediately before 1 January 2019.
(5) The NPW Minister must, under section 149 of the National Parks and Wildlife Act
1974, grant a right of way over an access road to which this clause applies for the
benefit of a private land holding in order to replace any right of way duly granted
under section 34 of the Forestry Act 2012 (or under section 20A of the Forestry Act
1916) for the benefit of that land holding and in force immediately before 1 January
2019.
(6) The NPW Minister may from time to time revoke or vary the grant of a right of way
under subclause (5).
(7) Before 1 January 2022, the NPW Minister must, by one or more orders published in
the Gazette, declare which of the access roads to which this clause applies:
(a) are excluded from reservation as part of a national park or state conservation
area, or
(b) are not so excluded and are reserved as part of the national park or state
conservation area in which they are situated.
(8) An order under subclause (7) may be published only with the concurrence of the
Minister administering the Forestry Act 2012.
(9) On the publication of an order under subclause (7):
(a) the access roads that are referred to in the order as excluded from reservation
as part of a national park or state conservation area remain vested in the NPW
Minister for the purposes of Part 11 of the National Parks and Wildlife Act
1974 and may, subject to this clause, continue to be used for the purposes for
which they were used immediately before 1 January 2019, and
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 4 Land transfers--ancillary and special provisions
(b) the access roads that are not so excluded are reserved as part of the national
park or state conservation area within which they are situated.
(10) Nothing in this clause affects the exercise of any power, authority, duty or function
by the NPW Minister or any other person under and in accordance with the National
Parks and Wildlife Act 1974 in relation to any access road to which this clause
applies.
(11) While a private land holding is in private ownership, nothing in this clause authorises
the NPW Minister to close any access road that comprises the only practical means
of access to the land holding.
(12) This clause has effect despite the provisions of the Forestry Act 2012.
6 Non-application of section 138 of Roads Act 1993
Section 138 of the Roads Act 1993 does not apply to anything done under a provision
of this Act in relation to a road that is, or is on, land reserved under this Act.
7 Provisions relating to certain existing access roads
(1) In this clause:
access road means an access road to which clause 5 of this Schedule applies.
exclusion order means an order under clause 5 (7) of this Schedule that excludes an
access road from reservation under this Act.
(2) At the time an exclusion order is made, the NPW Minister may, by order published
in the Gazette, determine a width (not being a width greater than 30 metres) for an
access road that is to be excluded from reservation under this Act by the exclusion
order.
(3) An order under subclause (2) may:
(a) be made only with the concurrence of the Minister administering the Forestry
Act 2012, and
(b) be made by the same order that constitutes the exclusion order concerned, and
(c) be made only if the NPW Minister has determined it is appropriate after
considering:
(i) the objects of the National Parks and Wildlife Act 1974, and
(ii) whether a road of the determined width is necessary to provide access
to land in the vicinity of the road or to provide an appropriate setback
from the carriageway of the road.
(4) On the making of an order under subclause (2):
(a) land of the determined width that follows the centreline of the access road (as
it existed before the order was made) vests, if it is not already vested, in the
NPW Minister on behalf of the Crown for the purposes of Part 11 of the
National Parks and Wildlife Act 1974 for an estate in fee simple, freed and
discharged from:
(i) all trusts, obligations, estates, interests, rights of way or other
easements, and
(ii) any dedication, reservation, Crown grant or vesting to which the land is
subject, and any such dedication, reservation, grant or vesting is
revoked, and
(b) the land referred to in paragraph (a) is taken to be an access road and may
continue to be used for the purposes for which it was used immediately before
the making of the order, and
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National Park Estate (Reservations) Bill 2018 [NSW]
Schedule 4 Land transfers--ancillary and special provisions
(c) if any land was vested in the NPW Minister by virtue of being an access road,
but is not covered by the land referred to in paragraph (a), the land is reserved
as part of the reserved land within which it is situated.
8 Status of land vested in NPW Minister
(1) Any land that is vested by this Act in the NPW Minister for the purposes of Part 11
of the National Parks and Wildlife Act 1974 is taken to have been acquired by that
Minister under that Part, and may be dealt with by that Minister as if it had been so
acquired.
(2) Any such land is, to the extent that it relates to land subject to a lease preserved by
section 6 of this Act, taken to be Crown land reserved from sale for the purpose of
any application by the holder of the lease to purchase the land comprised in the lease.
9 Provisions relating to activities carried out on land vested in NPW Minister
(1) This clause applies to and in respect of land vested in the NPW Minister for the
purposes of Part 11 of the National Parks and Wildlife Act 1974 by this Act.
(2) For the avoidance of doubt, the purposes for which the NPW Minister's powers
under section 149 of the National Parks and Wildlife Act 1974 may be exercised in
respect of land to which this clause applies include enabling an activity to continue
to be carried out that was carried out on the land before it was so vested.
(3) The Chief Executive of the Office of Environment and Heritage may authorise the
use of relevant access roads for the purpose of enabling any lawful activity to be
carried out on the land to which this clause applies.
(4) In this clause, relevant access roads means roads, tracks, trails and other means of
access through any land reserved under the National Parks and Wildlife Act 1974 to
land to which this clause applies.
10 Saving in relation to revocations
A revocation effected by this Act does not affect anything done or omitted to be done
before the revocation takes effect.
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