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NATIONAL PARKS AND WILDLIFE ACT 1974 - As at 24 October 2023 - Act 80 of 1974

- As at 24 October 2023 - Act 80 of 1974

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 2A Objects of Act
  • 3 Act binds Crown
  • 4 Repeals, amendments, savings, transitional and other provisions
  • 5 Definitions
  • 5A Notes in text

PART 2 - ADMINISTRATION

Division 1 - National Parks and Wildlife Service

Division 2 - (Repealed)

None

Division 3 - Ex-officio and honorary rangers

Division 4 - Delegation

  • 21 Delegation

PART 3 - COUNCIL AND COMMITTEES

Division 1 - National Parks and Wildlife Advisory Council

Division 2 - Advisory committees

Division 3 - Aboriginal Cultural Heritage Advisory Committee

Division 4 - Karst Management Advisory Committee

PART 4 - RESERVATION OF LAND

Division 1 - Reservation of land

Division 2 - Management principles

Division 3 - National parks and historic sites

  • 31 Care, control and management of parks and sites
    • 32. (Repealed)
  • 33 Reservation of parks and sites
    • 34. (Repealed)
  • 35 Tabling of notice of reservation, and disallowance
    • 36. (Repealed)
  • 37 Revocation or compulsory acquisition of park or site
  • 38 Limitation on use of name "national park"
  • 39 Existing interests
  • 40 Restrictions on disposal of or dealing with lands within parks or sites
  • 41 Mining
  • 42 Application of Forestry Act 2012
  • 43 Application of Soil Conservation Act 1938
  • 44 Application of Fisheries Management Act 1994
  • 45 Provisions respecting animals in parks and sites
  • 46 Transfer of rights, liabilities and property
    • 47. (Repealed)

Division 4 - State conservation areas

Division 5 - Regional parks

Division 6 - Nature reserves

Division 7 - Karst conservation reserves

Division 8 - (Repealed)

None

Division 9 - Wild rivers

59, 60. (Repealed)

Division 10 - Aboriginal areas

Division 11 - Wildlife refuges

67. (Repealed)

Division 12 - Conservation agreements

Division 13 - Offences relating to wildlife refuges and conservation areas

PART 4A - ABORIGINAL LAND

Division 1 - Preliminary

Division 2 - Negotiations for lease

  • 71E Application of Division
  • 71F Purpose of negotiations
  • 71G Selection of representatives for negotiations before Aboriginal owners identified
  • 71H Selection of representatives for negotiations after Aboriginal owners identified
  • 71I Role of Aboriginal negotiating panel
  • 71J Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
  • 71K Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
  • 71L Preference to vesting in Local Aboriginal Land Council--Schedule 14 lands

Division 3 - Vesting and reservation of Schedule 14 lands

  • 71M Application of Division
  • 71N Tabling of proposal if change of land classification involved
  • 71O Vesting and reservation of Schedule 14 lands
  • 71P Effect of publication of proclamation
  • 71Q Certain other consequences of publication of proclamation
  • 71R Certain provisions not to apply to lands reserved under this Division
  • 71S Application of certain provisions to lands reserved under this Division
    • 71T. (Repealed)
  • 71U Name of Schedule 14 lands
  • 71V No consideration payable by Aboriginal Land Council on vesting of lands
  • 71W Reservation of part only of Schedule 14 lands

Division 4 - Reservation or dedication of ALR Act lands

  • 71X Application of Division
  • 71Y Reservation of ALR Act lands
  • 71Z Effect of publication of notice
  • 71AA Certain other consequences of publication of proclamation
  • 71AB Applications of certain provisions to ALR Act lands

Division 5 - Provisions as to leases

  • 71AC Application of Division
  • 71AD Matters to be covered in lease between Aboriginal Land Council and Minister
  • 71AE Rent payable under lease
  • 71AF Dating of lease
  • 71AG Registrar-General to enter particulars of vesting and lease in register
  • 71AH Regular review of lease required
  • 71AI Re-negotiation of lease before expiry of lease term
  • 71AJ Dating and registration of re-negotiated lease
  • 71AK Variation of lease
  • 71AL Holding over under lease

Division 6 - Boards of management

Division 7 - Addition of lands to Schedule 14

  • 71AR Application of Division
  • 71AS Proposals for additions to Schedule 14
  • 71AT Assessment of proposals
  • 71AU Report to Minister
  • 71AV Consideration of report by Minister
  • 71AW Listing of additional lands in Schedule 14

Division 8 - Addition of lands to Schedule 14 lands or ALR Act lands leased under Part

  • 71AX Application of Division
  • 71AY Definition of "area"
  • 71AZ Additions may be made to reserved lands leased under Part
  • 71BA Addition of lands already reserved under Act
  • 71BB Tabling of proclamation to add lands if change of land classification involved
  • 71BC Addition of lands not already reserved under Act
  • 71BD Application of certain provisions to additional lands
  • 71BE Review of lease after addition of lands

Division 9 - Miscellaneous

PART 5 - PLANS OF MANAGEMENT

  • 71BO Definitions
  • 72 Preparation of plans of management
  • 72AA Objectives and content of plans of management
  • 72A Plans of management for combined areas and areas adjoining State borders
  • 73 State forests
  • 73A Public exhibition and consultation for plans of management
  • 73B Adoption, amendment and cancellation of plans of management
  • 74 Catchment areas and special areas--generally
  • 75 Special areas under the Hunter Water Act 1991--joint preparation and approval of plans of management
    • 75A-79. (Repealed)
  • 79A Lapsing of plans of management
  • 80 Lands submerged by water
  • 81 Operations under plan of management
  • 81A Leases, licences and easements subject to plan of management
  • 82 Concurrence of Forestry Corporation

PART 5A - MINISTER MAY CREATE AND DEAL WITH CARBON SEQUESTRATION RIGHTS

PART 6 - ABORIGINAL OBJECTS AND ABORIGINAL PLACES

Division 1 - General

Division 2 - Aboriginal heritage impact permits

  • 90 Aboriginal heritage impact permits
  • 90A Application for issue of permit
  • 90B Application for transfer of permit
  • 90C Grant or refusal of application
  • 90D Variation of permits
  • 90E Restrictions on making applications to transfer permits
  • 90F Requirement for further information
  • 90G Suspension or revocation of permit
  • 90H Surrender of permit
  • 90I Conditions of suspension, revocation or surrender
  • 90J Failure to comply with conditions
  • 90K Factors to be considered in making determinations regarding permits
  • 90L Appeals
  • 90M Date from which decision operates
  • 90N Regulations relating to consultation
  • 90O Interaction between permits and stop work and interim protection orders
  • 90P Validity of permits
  • 90Q Aboriginal Heritage Information Management System
  • 90R Certain Aboriginal heritage impact permit conditions to run with the land
  • 91 (Renumbered)

PART 6A - STOP WORK ORDERS, INTERIM PROTECTION ORDERS AND REMEDIATION DIRECTIONS

Division 1 - Stop work orders

  • 91AA Secretary may make stop work order
  • 91BB Prior notification of making of stop work order not required
  • 91CC Appeal to Minister
  • 91DD Extension of stop work order
  • 91EE Consultation about modification of proposed detrimental action
  • 91FF Order prevails over other instruments

Division 2 - Interim protection orders

Division 3 - Remediation directions

  • 91IA Cessation of operation of Division
  • 91J Definitions
  • 91K Directions for remedial work relating to damage to land, habitat and plants and animals
  • 91L Directions for remedial work relating to harm to Aboriginal objects and places
  • 91M Persons to whom directions may be given
  • 91N Other ancillary actions that may be directed to be carried out
  • 91O Other person may carry out remediation work if failure to comply with direction
  • 91P Entry to land to carry out direction
  • 91Q Failure to comply with remediation direction
  • 91R Delay or obstruction of remediation direction
  • 91S Recovery by person given notice
  • 91T Appeals under this Division

PART 7 - NATIONAL PARKS AND WILDLIFE CONSERVATION TRUST

Division 1 - Preliminary

Division 2 - Establishment, functions and operation of Trust

  • 93 Establishment of Trust
  • 94 Status of Trust
  • 95 Trust Board
  • 96 Object of Trust
  • 97 Functions of Trust
  • 98 Powers of Trust
  • 99 Staff of Trust
  • 100 Delegation by Trust
  • 101 Annual reporting information for Trust
  • 102 Exemption from certain State taxes

Division 3 - National Parks and Wildlife Conservation Public Fund

PART 10 - FINANCE

PART 11 - ACQUISITION AND DISPOSAL OF PROPERTY

  • 145 Acquisition of land for reservation or other purposes
  • 146 Acquisition or occupation of lands for certain purposes
  • 147 Application of Public Works Act 1912
  • 148 Power of Minister to accept gifts
  • 149 Disposal of property
  • 150 Minister to be corporation sole for certain purposes

PART 12 - LEASES, LICENCES, EASEMENTS ETC

Division 1 - Preliminary

Division 2 - Granting of leases and licences

  • 151 Leases and licences of reserved lands
  • 151A Purposes for which a lease or licence may be granted
    • 151AA. (Repealed)
  • 151B Matters that Minister must consider before granting lease or licence
  • 151C Leases and licences subject to conditions
  • 151D Special provisions relating to leases and licences of karst conservation reserves
  • 151E Special provisions relating to leases and licences of Aboriginal land

Division 3 - Miscellaneous

  • 151F Public consultation regarding grant of leases and licences
  • 151G Reference of certain proposed leases and licences for advice
  • 151H New head leases for certain lands
  • 151I Restrictions on grant of lease for residential accommodation
  • 151J Register of certain interests to be publicly available
  • 152 Trade within certain reserved lands
  • 153 Easements
  • 153A Leases etc relating to wilderness areas
  • 153B Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
  • 153C Easements, rights of way and licences for landlocked areas
  • 153D Leases, licences and easements for broadcasting or telecommunications facilities
  • 153E Easements to repair and maintain the Border Fence

PART 12A - ASSETS OF INTERGENERATIONAL SIGNIFICANCE

PART 13 - REGULATIONS

PART 14 - MISCELLANEOUS

  • 156A Offence of damaging reserved land
  • 156B Powers of authorised officers
  • 156C Exclusion of personal liability
  • 157 Requirement to state name and address
  • 158 Requirement for owner of motor vehicle and others to give information
  • 159 Liability of vehicle owner for parking offences
  • 159A Liability of landholder for certain harming and picking offences
  • 159B Causing or permitting certain harming and picking offences
  • 160 (Renumbered)
  • 160A Removal of unauthorised structures and occupiers
  • 160B Forfeiture of unauthorised structures and their contents
  • 160C Cost of removing structures and contents
  • 160D Notice to state interest in structure or contents
  • 160E Notice to remove structure
  • 160F Notice prohibiting use of structure
  • 161 Restriction on release of certain information
    • 161A-162. (Repealed)
  • 163 Application of Companion Animals Act 1998
    • 163A. (Repealed)
  • 163B Application of certain Acts
  • 164 Powers of entry and seizure
  • 165 Persons to deliver up fauna etc when required
  • 166 Definition of "article" for secs 164 and 165
  • 167 Disposal of fauna and perishable goods when seized or delivered up
  • 168 Disposal of property seized or delivered up
  • 169 Impersonating, assaulting, resisting or obstructing an officer etc
  • 170 Corruption
  • 171 Authority to harm or pick
  • 172 Police officers
    • 173. (Repealed)
  • 174 Service of notices
  • 175 General offence and penalties
  • 175A Offences by directors or managers of corporations
  • 175B Liability of directors etc for offences by corporation--offences attracting executive liability
  • 175C Evidence as to state of mind of corporation
  • 176 (Renumbered)
  • 176A (Renumbered)
  • 176B Ancillary offences
  • 176C Liability of directors etc for offences by corporation--accessory to the commission of the offences
    • 177. (Repealed)
  • 178 Recovery of charges
  • 179 (Renumbered)
  • 180 Continuance of authority
  • 181 (Renumbered)
  • 182 Morton National Park
  • 183 Macquarie Pass National Park
  • 184 Bouddi National Park
  • 184A TfNSW roads within Kosciuszko National Park
  • 185 Catchment areas and special areas
  • 185A Special areas under the Hunter Water Act 1991
  • 186 Requirement for examination
  • 187 Administration of existing interests in reserved land
  • 188 Administration of existing telecommunications interests
  • 188A General exemption for officers enforcing the Act or the regulations
  • 188B Non-application of section 138 of Roads Act 1993
  • 188C Adjustment of boundaries of reserved and acquired lands
  • 188D Provisions relating to certain existing access roads on National Park Estate lands
  • 188E Continuing effect of notices, directions and conditions of licences and permits
  • 188F Public register
  • 188G Public availability of register
    • 188H. (Repealed)

PART 15 - CRIMINAL AND OTHER PROCEEDINGS

Division 1 - Proceedings for offences generally

  • 189 Proceedings for offences
  • 190 Time within which proceedings may be commenced
  • 191 Authority to take proceedings

Division 2 - General provisions

  • 192 Penalty notice for certain offences
  • 193 Restraint etc of breaches of Act or regulations
  • 194 Sentencing--matters to be considered in imposing penalty
  • 195 Continuing offences
  • 196 Onus of proof of reasonable excuse or lawful excuse
  • 197 Evidentiary provisions etc
  • 197A Approved cameras--offences relating to vehicles entering or using park
  • 197B Information obtained by approved cameras

Division 3 - Court orders in connection with offences

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