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New South Wales
National Parks and Heritage Legislation
Amendment Bill 2024
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 Heritage Act 1977 No 136 11
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, , 2024
New South Wales
National Parks and Heritage Legislation
Amendment Bill 2024
Act No , 2024
An Act to amend the National Parks and Wildlife Act 1974 to change the reservation status of
certain land, to establish the National Parks and Wildlife Conservation Operating Fund and for
other purposes; and to amend the Heritage Act 1977 in relation to the Heritage Conservation Fund.
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 Heritage Legislation Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the National Parks and Heritage Legislation Amendment Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
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] Section 5 Definitions
Omit section 5(1), definitions of emu, emu breeder, emu products, marine mammal, skin
dealer, species presumed extinct and vulnerable species.
[2] Section 5(1)
Insert in alphabetical order--
National Parks and Wildlife Conservation Trust means the National Parks
and Wildlife Conservation Trust established under section 93.
[3] Section 72AA, heading
Omit the heading. Insert instead--
72AA Matters to consider in preparing plans of management
[4] Section 72AA(2)-(7)
Omit the subsections.
[5] Section 72AB
Insert after section 72AA--
72AB Content of plans of management
(1) A plan of management for land reserved under this Act must include--
(a) the objectives of the plan of management, and
(b) the operations proposed to be carried out on the land.
(2) The objectives and operations must be consistent with the following--
(a) the relevant management principles for the reservation under Part 4,
Division 2,
(b) the purpose and objects of this Act,
(c) if the reserved land is within a State forest--the purpose and objects of
the Forestry Act 2012.
(3) A plan of management for a karst conservation reserve must, for the purposes
of section 151D(1), also include environmental performance standards and
indicators that ensure the environmental values of the reserve are conserved or
restored.
(4) A plan of management for a state conservation area may specify--
(a) the activities proposed to be permitted for the area, or a part of the area,
and
(b) the nature of development proposed to be carried out to enable the use
of the area, or the part of the area, for the activities.
(5) A plan of management for land reserved under Part 4A may provide for the
use of the land for a community development purpose prescribed by the
regulations.
(6) A plan of management for a national park, historic site, nature reserve or karst
conservation reserve may relate to--
(a) land acquired or occupied under Part 11, or
Page 3
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(b) land proposed to be acquired or occupied under Part 11.
[6] Section 73B Adoption, amendment and cancellation of plans of management
Omit "Section 72AA, 73A, 74, 75" from section 73B(7). Insert instead "Sections 72AA,
72AB, 73A, 74 and 75".
[7] Section 74 Catchment areas and special areas--generally
Omit section 74(2)(b).
[8] Section 80, heading
Omit the heading. Insert instead--
80 Plans of management affecting fisheries and marine estates
[9] Section 80(1)-(1B)
Omit section 80(1). Insert instead--
(1) This section applies to a plan of management for one or more of the
following--
(a) a national park,
(b) a historic site,
(c) a state conservation area,
(d) a regional park,
(e) a nature reserve,
(f) a karst conservation reserve,
(g) an Aboriginal area.
(1A) Before the plan of management is made or adopted by the Minister, the
Secretary must refer the plan of management to--
(a) the Minister administering the Fisheries Management Act 1994 if the
Secretary considers that the plan of management may adversely
affect--
(i) fishing activities, or access to waterways for fishing activities, or
(ii) threatened species, populations or ecological communities within
the meaning of the Fisheries Management Act 1994, or their
habitats, and
(b) the Minister administering the Marine Estate Management Act 2014
if--
(i) the plan of management applies to a marine park or aquatic
reserve, or
(ii) the land to which the plan of management applies adjoins a
marine park or aquatic reserve.
(1B) A referral to the Minister administering this Act under subsection (1A)(b) is
not required if the Minister administers a part of the Marine Estate
Management Act 2014.
[10] Section 80(2)
Omit "referred to in subsection (1)". Insert instead "referred under subsection (1A)".
Page 4
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
[11] Section 80(2)(a) and (b)
Insert "or the Minister administering the Marine Estate Management Act 2014" after "the
Fisheries Management Act 1994" wherever occurring.
[12] Section 80(3)
Insert after section 80(2)--
(3) In this section--
aquatic reserve has the same meaning as in the Marine Estate Management
Act 2014.
fishing activity has the same meaning as in the Fisheries Management Act
1994.
marine park has the same meaning as in the Marine Estate Management Act
2014.
waterway includes a stream, creek, river, estuary, intertidal area, lake,
reservoir and dam.
[13] Section 92 Definitions
Insert in alphabetical order--
ITAA 1997 means the Income Tax Assessment Act 1997 of the
Commonwealth.
Operating Fund means the National Parks and Wildlife Conservation
Operating Fund established under section 108(1).
[14] Sections 94(2), 97(e), 97(f) and 98(2)(d)
Insert "and the Operating Fund" after "Public Fund" wherever occurring.
[15] Section 96 Object of Trust
Insert ", and money held by the Operating Fund," after "Public Fund" in section 96(1).
[16] Section 97 Functions of Trust
Insert after section 97(a)--
(a1) to administer the Operating Fund, including to make payments into and
out of the Operating Fund in accordance with Division 4,
[17] Section 97(d)
Omit the paragraph. Insert instead--
(d) to use the following to support and promote the actions specified in
section 96(1)(a)-(e) to the extent the actions promote the protection and
enhancement of the natural environment--
(i) gifts, devises, bequests or contributions received by the Public
Fund,
(ii) money held in the Operating Fund,
[18] Section 103 Definitions
Omit the definition of ITAA 1997.
[19] Part 7, Division 4
Insert after Division 3--
Page 5
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
Division 4 National Parks and Wildlife Conservation Operating
Fund
108 National Parks and Wildlife Conservation Operating Fund
(1) There is to be established in the Special Deposits Account a fund called the
National Parks and Wildlife Conservation Operating Fund.
(2) The Operating Fund must be administered by the Trust.
(3) The purpose of the Operating Fund is to hold money for the exercise of the
Trust's functions.
Note-- The Operating Fund may hold money the Public Fund cannot hold because of
the requirements of the ITAA 1997.
109 Payments into Operating Fund
The following must be paid into the Operating Fund--
(a) money appropriated by Parliament for the purposes of the Operating
Fund,
(b) money, including money from grants and contributions, that cannot
otherwise be held by the Public Fund,
(c) the proceeds of the investment of money in the Operating Fund,
(d) money authorised by the Treasurer to be paid into the Operating Fund,
(e) money directed or authorised to be paid into the Operating Fund by or
under this Act or another Act or law.
110 Payments out of Operating Fund
The following are payable from the Operating Fund--
(a) money required to support and promote the actions specified in section
96(1)(a)-(e) to the extent the actions promote the protection and
enhancement of the natural environment,
(b) money required to meet expenses in relation to the administration of the
Operating Fund,
(c) money required to meet expenses in relation to the exercise of the
Trust's functions.
[20] Section 149 Disposal of property
Insert "or another provision of this Act" after "under this Part" in section 149(1)(a).
[21] Section 151F Public consultation regarding grant of leases and licences
Omit "72AA (6) (c)" from section 151F(6)(b). Insert instead "72AB(5)".
[22] Section 156C
Omit the section. Insert instead--
156C Personal liability of statutory officers and other officials
(1) A protected person is not personally subject to liability for anything done--
(a) in good faith, and
(b) for the purpose of exercising a function under the national parks
legislation.
(2) The liability instead attaches to the Crown.
Page 6
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(3) The Crown may recover from the National Parks and Wildlife Conservation
Trust the costs of a liability that attaches to the Crown in relation to--
(a) a member of the Board of the National Parks and Wildlife Conservation
Trust, or
(b) an employee of the National Parks and Wildlife Conservation Trust.
(4) In this section--
done includes omitted to be done.
liability means civil liability and includes an action, claim and demand.
protected person means the following--
(a) the Minister,
(b) the Secretary,
(c) an officer of the Service,
(d) an ex-officio ranger,
(e) an honorary ranger,
(f) a member of the Council,
(g) an advisory committee,
(h) a member of an advisory committee,
(i) a member of the Board of the National Parks and Wildlife Conservation
Trust,
(j) an employee of the National Parks and Wildlife Conservation Trust,
(k) a person acting under the direction of a protected person referred to in
paragraph (b), (f), (g) or (h),
(l) a person acting under the direction of the Council.
[23] Section 169
Omit the section. Insert instead--
169 Offences for impersonating, assaulting or obstructing officers
(1) A person must not impersonate an officer.
Maximum penalty--200 penalty units or imprisonment for 3 months, or both.
(2) A person must not assault or obstruct an officer in the exercise of the officer's
functions under this Act or another law.
Maximum penalty--200 penalty units or imprisonment for 3 months, or both.
(3) A person must not incite or encourage another person to assault or obstruct an
officer in the exercise of the officer's functions under this Act or another law.
Maximum penalty--200 penalty units or imprisonment for 3 months, or both.
(4) Without limiting subsection (2), a person must not--
(a) refuse to give information or assistance requested by an officer in the
exercise of the officer's functions under this Act or another law, or
(b) knowingly give information that is false or misleading to an officer in
the exercise of the officer's functions under this Act or another law.
Maximum penalty--200 penalty units or imprisonment for 3 months, or both.
(5) A person must not incite or encourage another person to contravene subsection
(4).
Maximum penalty--200 penalty units or imprisonment for 3 months, or both.
Page 7
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
(6) In this section--
assault or obstruct, in relation to an officer, includes delay, hinder, resist,
threaten, and use abusive language.
officer means--
(a) the Secretary, or
(b) an officer of the Service, or
(c) an ex-officio ranger, or
(d) an honorary ranger.
[24] Schedule 1 Recategorisation of reserved land
Insert after Part 5--
Part 6 Recategorisation of land by National Parks and
Heritage Legislation Amendment Act 2024
14 Serpentine Nature Reserve recategorisation
(1) This clause applies to an area of about 723ha dedicated by notice published in
Government Gazette No 145 of 26 October 1979 at page 5350 as Serpentine
Nature Reserve.
(2) The dedication under this Act of the land as a nature reserve is revoked and the
land is reserved as an Aboriginal area to be known as Serpentine Aboriginal
Area.
[25] Schedule 2 Revocation of reservation or dedication of certain land
Insert after Part 11--
Part 12 Revocations under National Parks and Heritage
Legislation Amendment Act 2024
56 Revocation of part of Gardens of Stone State Conservation Area
(1) This clause applies to land identified as "land to be acquired for
Commonwealth defence purposes" in the document MISC R 00361, dated 26
February 2024 and held in the Department, being land with an area of about
119.47ha in the Gardens of Stone State Conservation Area.
(2) The reservation under this Act of the land as a state conservation area is
revoked.
57 Revocation of part of Lake Macquarie State Conservation Area
(1) This clause applies to the following land in the Lake Macquarie State
Conservation Area--
(a) land identified as "land to be revoked" in the document MISC R 00360,
dated 29 February 2024 and held in the Department, being land with an
area of about 2.1ha,
(b) land identified as "land to be revoked" in the document LMSCA2, dated
8 March 2024 and held in the Department, being land with an area of
about 13.16ha.
(2) The reservation under this Act of the land as a state conservation area is
revoked.
Page 8
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
58 Revocation of part of Lake Innes Nature Reserve
(1) This clause applies to the following land in the Lake Innes Nature Reserve--
(a) land identified as "land to be revoked" in the document
PMHC_NPWS_REVO_002, dated 22 March 2024 and held in the
Department, being land with an area of about 1.26ha,
(b) land identified as "land to be revoked" in the document
PMHC_NPWS_REVO_003, dated 7 February 2024 and held in the
Department, being land with an area of about 0.36ha,
(c) land identified as "land to be revoked" in the document
PMHC_NPWS_REVO_004, dated 8 February 2024 and held in the
Department, being land with an area of about 4.59ha.
(2) The reservation under this Act of the land as a nature reserve is revoked.
59 Revocation of part of Jervis Bay National Park
(1) This clause applies to land identified as "land to be revoked" in the document
MISC R 00363, dated 16 January 2024 and held in the Department, being land
with an area of about 0.05ha in the Jervis Bay National Park.
(2) The reservation under this Act of the land as a national park is revoked.
60 Revocation of part of Marramarra National Park
(1) This clause applies to land identified as "land to be revoked" in the document
MISC R 00362, dated 16 January 2024 and held in the Department, being land
with an area of about 0.1ha in the Marramarra National Park.
(2) The reservation under this Act of the land as a national park is revoked.
61 Revocation of part of Royal National Park
(1) This clause applies to land identified as "land to be revoked" in the document
SKETCH 2024-1, dated 22 February 2024 and held in the Department, being
land with an area of about 2.8ha in the Royal National Park.
(2) The reservation under this Act of the land as a national park is revoked.
62 Revocation of part of Sea Acres National Park
(1) This clause applies to land identified as "land to be revoked" in the document
PMHC_NPWS_REVO_001, dated 11 April 2024 and held in the Department,
being land with an area of about 0.11ha in the Sea Acres National Park.
(2) The reservation under this Act of the land as a national park is revoked.
63 Land vested in Minister
(1) This clause applies to the land to which clauses 56-62 apply.
(2) The land is acquired by and vested in the Minister under and for the purposes
of this Act, Part 11 for an estate in fee simple, freed and discharged from all
trusts, obligations, estates and interests, other than rights of way or easements.
64 Compensation for transfer of certain lands
(1) This clause applies to the land to which clauses 58 and 60-62 apply.
(2) The Minister must not transfer the land under Part 11 unless the Minister is
satisfied appropriate compensation for the land has been provided.
Page 9
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
[26] 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 Heritage Legislation Amendment Act
2024
Land previously vested for Part 11
(1) This clause applies to land vested in the Minister, or in the Minister on behalf
of the Crown, for the purposes of this Act, Part 11 by or under this Act or
another Act.
(2) The land is taken to be vested in and acquired by the Minister for the purposes
of, and under, this Act, Part 11.
(3) If the land has been dealt with before the commencement of the National
Parks and Heritage Legislation Amendment Act 2024, the land is taken to have
been dealt with in accordance with section 149.
(4) In this clause--
deal, in relation to land, includes sell, lease and dispose of the land.
land includes property and an interest in land.
Page 10
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Heritage Act 1977 No 136
Schedule 2 Amendment of Heritage Act 1977 No 136
[1] Section 103 Heritage Conservation Fund
Insert at the end of the section--
(2) The Fund is administered by the Minister.
[2] Section 103A
Insert after section 103--
103A Purposes of Fund
The purposes of the Fund are as follows--
(a) to provide funding to promote public awareness of the State's heritage,
(b) to provide funding to encourage and facilitate conservation of the
State's heritage,
(c) to provide funding to promote education and research in relation to the
State's heritage,
(d) to provide funding for the adaptive reuse of items of State heritage
significance,
(e) to provide funding for matters that promote the objects of this Act,
(f) to provide funding for the administration of this Act,
(g) other purposes prescribed by the regulations.
[3] Section 104 Payments into the Fund
Omit "There shall be paid into the Fund" from section 104(1).
Insert instead "The following are to be paid into the Fund".
[4] Section 104(1)
Insert after section 104(1)(c)--
(c1) the proceeds of the investment of money in the Fund,
(c2) money authorised by the Treasurer to be paid into the Fund,
(c3) money directed or authorised to be paid into the Fund by or under this
Act or another Act or law,
[5] Section 104(1)(e)
Omit "and".
[6] Section 105 Payments out of the Fund
Omit "There may be paid out of the Fund" from section 105(1).
Insert instead "The following may be paid out of the Fund".
[7] Section 105(1)(a1)
Insert after section 105(1)(a)--
(a1) all charges, costs and expenses incurred by the Heritage Council in
exercising functions under this Act,
[8] Section 105(1)(f1)-(f6)
Insert after section 105(1)(f)--
Page 11
National Parks and Heritage Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Heritage Act 1977 No 136
(f1) money, including for grants or loans, required to promote public
awareness of the State's heritage,
(f2) money, including for grants or loans, required to encourage and
facilitate conservation of the State's heritage,
(f3) money, including for grants or loans, required to promote education and
research in relation to the State's heritage,
(f4) money, including for grants or loans, required to facilitate the adaptive
reuse of items of State heritage significance,
(f5) money, including for grants or loans, required for matters that promote
the objects of this Act,
(f6) money required to meet the expenses related to the administration of the
Fund and this Act,
[9] Section 105(1)(h)
Omit "and".
Page 12
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