National Park Estate (Reservations)
Bill 2002
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to transfer certain land to the national park estate and to
make provision for the transfer of certain land to Aboriginal ownership.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on 1 January
2003.

Clause 3 defines expressions used in the proposed Act.

Part 2 Land transfers
Clause 4 revokes the dedication as State forest of land that is:

(a) to be reserved under the National Parks and Wildlife Act 1974,or

(b) to be vested in the Minister administering the National Parks and Wildlife
Act 1974 for the purposes of Part 11 of that Act, or

(c) to be transferred to Aboriginal ownership.

Clause 4 also revokes notices setting apart flora reserves, declarations of
national forests and declarations of special management zones (being notices or
declarations in respect of the State forest land whose dedication is revoked by
the clause).

Additionally, clause 4 revokes notices setting apart certain fragments of flora
reserves remaining after the transfer of land within flora reserves to the national
park estate by the Forestry and National Park Estate Act 1998.

Clause 5 reserves certain land in revoked State forests as national park, nature
reserve or state conservation area. The land concerned is set out in Schedule 1.

Clause 6 reserves certain Crown lands as national park, nature reserve or state
conservation area. The land concerned is set out in Schedule 2.

Clause 7 declares certain land in State forests as special management zones
under the Forestry Act 1916. The land concerned is set out in Schedule 3.

Clause 8 vests certain land in revoked State forests in the Minister administering
the National Parks and Wildlife Act 1974 for the purposes of Part 11 of that Act.

The land concerned is set out in Schedule 4.

Clause 9 provides for the transfer of certain revoked State forest land to Eden
Local Aboriginal Land Council. The land concerned is set out in Schedule 5.

Clause 10 reserves, as national parks or state conservation areas, certain
freehold land that is vested in Her Majesty or the Minister administering the
National Parks and Wildlife Act 1974 for the purposes of Part 11 of that Act. The
land concerned is set out in Schedule 6.

Clause 11 enables the Director-General of National Parks and Wildlife to adjust
the descriptions of land in Schedules 1, 2, 3, 4, 6 or 7 in order to alter the
boundaries of the land for the purposes of the more effective management of
national park estate land and State forest land and to adjust boundaries to public
roads (so long as the adjustment will not result in any significant reduction in the
size or value of any such land). Adjustments are also authorised in connection
with easements and to provide a more detailed description of land described in
Schedule 3.

Clause 12 gives effect to Schedule 8, which contains ancillary and special
provisions with respect to the land transfers under this Part.

Part 3 Miscellaneous
Clause 13 provides that the proposed Act binds the Crown.

Clause 14 enables the making of regulations for the purposes of the proposed
Act, including regulations of a savings or transitional nature consequent on the
enactment of the proposed Act.

Clause 15 gives effect to Schedule 9, which amends:

(a) the Forestry Act 1916 to provide that a notice declaring an area of State
forest to be a special management zone may only be revoked by Act of
Parliament, and makes a number of associated consequential amendments
to that Act, and

(b) the Native Title (New South Wales) Act 1994 to preserve native title rights
and interests in respect of a reservation, dedication or vesting of, or
declaration over, land or waters by the operation of the proposed Act.

Schedule 1 State forests reserved as national park,
nature reserve or state conservation area
This Schedule sets out the land whose dedication as State forest is revoked and
that is reserved as national park, nature reserve or state conservation area.

Schedule 2 Crown lands reserved as national park,
nature reserve or state conservation area
This Schedule sets out the Crown lands that are reserved as national park, nature
reserve or state conservation area.

Schedule 3 Areas in State forests declared as special
management zones under Forestry
Act 1916
This Schedule sets out the land within State forests that is declared as special
management zones under the Forestry Act 1916.

Schedule 4 State forests vested in NPW Minister
This Schedule sets out the land (being land whose dedication as State forest is
revoked) that is vested in the Minister administering the National Parks and
Wildlife Act 1974 for the purposes of Part 11 of that Act.

Schedule 5 State forest land to be transferred to
Aboriginal ownership
This Schedule sets out the State forest land that is to be transferred to Eden Local
Aboriginal Land Council.

Schedule6 Freehold land vested in NPW Minister or
Her Majesty that is reserved as national
parks or state conservation areas
This Schedule sets out the land (being freehold land that is vested in Her Majesty
or the Minister administering the National Parks and Wildlife Act 1974) that is
reserved as national parks or state conservation areas.

Schedule 7 Revocation of remnant flora reserves
This Schedule sets out lands whose status under the Forestry Act 1916 as flora
reserves is revoked. The flora reserves concerned are fragments of flora reserves
remaining after the transfer of land within flora reserves to the national park
estate by the Forestry and National Park Estate Act 1998.

Schedule 8 Land transfers—ancillary and special
provisions
This Schedule makes ancillary and special provisions with respect to land
transferred under the proposed Act.

Schedule 9 Amendment of other Acts
This Schedule contains the amendments to the Forestry Act 1916 and the Native
Title (New South Wales) Act 1994 given effect to by clause 15.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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