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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
National Park Estate (Lower Hunter
Region Reservations) Bill 2006
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 Reservation of Crown lands as national park, nature
reserve or state conservation area 3
7 Setting apart of areas in State forests as flora reserves 4
8 Vesting in NPW Minister of certain Crown lands or former
State forests 4
9 Changes within national park estate 4
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Contents
Page
10 Adjustment of description of land transferred to national
park estate 5
11 Land transfers--ancillary and special provisions 7
Part 3 Miscellaneous
12 Act to bind Crown 8
13 Regulations 8
14 Amendment of Native Title (New South Wales) Act 1994
No 45 8
15 Amendment of National Parks and Wildlife Act 1974 8
16 Amendment of Hunter Water Act 1991 8
Schedule 1 State forests reserved as national park or
state conservation area 9
Schedule 2 Crown lands reserved as national park, nature
reserve or state conservation area 11
Schedule 3 Parts of State forests set apart as flora reserves
under Forestry Act 1916 14
Schedule 4 State forests vested in NPW Minister 16
Schedule 5 Crown lands vested in NPW Minister 17
Schedule 6 Changes within national park estate 18
Schedule 7 Land transfers--ancillary and special
provisions 20
Schedule 8 Amendment of National Parks and Wildlife
Act 1974 25
Schedule 9 Amendment of Hunter Water Act 1991 30
Contents page 2
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, , 2006
New South Wales
National Park Estate (Lower Hunter
Region Reservations) Bill 2006
Act No , 2006
An Act to transfer certain State forest and Crown lands to the national park estate; to
make provision with respect to special areas under the Hunter Water Act 1991; 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.
Chairman of Committees of the Legislative Assembly.
Clause 1 National Park Estate (Lower Hunter Region Reservations) Bill 2006
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the National Park Estate (Lower Hunter Region
Reservations) Act 2006.
2 Commencement
(1) This Act commences on 1 July 2007, except as otherwise provided by
this section.
(2) Part 1, sections 12, 13, 15 and 16 and Schedules 8 and 9 commence on
1 January 2007.
3 Definitions
(1) In this Act:
Crown land has the same meaning as in the Crown Lands Act 1989.
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 1916 (or under
the former Forestry Act 1909) as a State forest, being a dedication that
is in force.
(2) Notes included in this Act do not form part of this Act.
Page 2
National Park Estate (Lower Hunter Region Reservations) Bill 2006 Clause 4
and transfers Part 2
Part 2 Land transfers
4 Revocation of State forests
(1) The dedication as State forest of the lands described in Schedule 1 or 4
is revoked.
(2) Any notifications under section 19A of the Forestry Act 1916 that
declare, as national forests, areas of State forests whose dedication is
revoked by subsection (1) are also revoked by this Act, but only to the
extent to which they relate to national forests or parts of national forests
situated within the lands referred to in that subsection.
(3) Any notices 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, but only to the
extent to which they relate to special management zones situated (or
partly situated) within the lands referred to in that subsection.
(4) Any notices 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, but only to the extent to
which they relate to flora reserves situated (or partly situated) within the
lands referred to in that subsection.
5 Reservation of former State forests as national park or state
conservation area
(1) The lands described in Schedule 1 are reserved under the National
Parks and Wildlife Act 1974 as, or as part of, national parks or state
conservation areas (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that
is also described in Schedule 4.
6 Reservation of Crown lands as national park, nature reserve or state
conservation area
(1) The lands described in Schedule 2 are reserved under the National
Parks and Wildlife Act 1974 as, or as part of, national parks, nature
reserves or state conservation areas (as indicated in that Schedule).
(2) Any timber reserves (within the meaning of the Forestry Act 1916) with
respect to any land referred to in subsection (1) are revoked by this Act,
but only to the extent to which they relate to timber reserves or parts of
timber reserves situated within that land.
(3) Subsection (1) does not apply to any land described in Schedule 2 that
is also described in Schedule 5.
Page 3
Clause 7 National Park Estate (Lower Hunter Region Reservations) Bill 2006
Part 2 Land transfers
7 Setting apart of areas in State forests as flora reserves
(1) The lands described in Schedule 3 that are within State forests are set
apart as, or as part of, flora reserves under the Forestry Act 1916 (as
indicated in that Schedule).
(2) Any notices under section 21A of the Forestry Act 1916 that declare, as
special management zones, areas of State forests that are set apart as, or
as part of, flora reserves by subsection (1) are revoked by this Act, 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.
8 Vesting in NPW Minister of certain Crown lands or former State forests
(1) The lands described in Schedule 4 or 5 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.
(2) Despite subsection (1), the lands described in Schedule 4 or 5 are not
freed and discharged from any perpetual lease, special lease or term
lease within the meaning of the Crown Lands (Continued Tenures) Act
1989 (or from rights or interests arising under an incomplete purchase
within the meaning of that Act) to which the lands were subject
immediately before their vesting under this section.
9 Changes within national park estate
(1) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Myall Lakes National Park or Worimi Nature Reserve of the
lands described in clause 1 of Schedule 6 is revoked and the lands are
reserved under that Act as, or as part of, Gir-um-bit National Park.
(2) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Hexham Swamp Nature Reserve or Kooragang Nature
Reserve of the lands described in clause 2 of Schedule 6 is revoked and
the lands are reserved under that Act as, or as part of, Hunter Estuary
National Park.
(3) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Karuah Nature Reserve of the land described in clause 3 of
Schedule 6 is revoked and the land is reserved under that Act as, or as
part of, Karuah National Park.
Page 4
National Park Estate (Lower Hunter Region Reservations) Bill 2006 Clause 10
and transfers Part 2
(4) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Karuah Nature Reserve or Worimi Nature Reserve of the
lands described in clause 4 of Schedule 6 is revoked and the lands are
reserved under that Act as, or as part of, Medowie Nature Reserve.
(5) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Karuah State Conservation Area of the land described in
clause 5 of Schedule 6 is revoked and the land is reserved under that Act
as, or as part of, Medowie State Conservation Area.
(6) The reservation under the National Parks and Wildlife Act 1974 as, or
as part of, Wallaroo Nature Reserve of the land described in clause 6 of
Schedule 6 is revoked and the land is reserved under that Act as, or as
part of, Wallaroo National Park.
10 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedule 1, 2, 3, 4, 5 or 6 (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 set back 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
(d) to provide a more detailed description of the boundaries of the
land.
(3) An adjustment of the description of land is to be made by the
Director-General of the Department of Environment and Conservation
by a notice published in the Gazette that amends a relevant Schedule.
(4) A notice under this section may only be published with the approval of:
(a) the NPW Minister, and
(b) the Minister administering the Forestry Act 1916, and
(c) 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.
Page 5
Clause 10 National Park Estate (Lower Hunter Region Reservations) Bill 2006
Part 2 Land transfers
(5) The Director-General of the Department of Environment and
Conservation is required to certify in any notice under this section that
the adjustments effected by the notice will not result in any significant
reduction in the size or value of national park estate land or State forest
land.
(6) An adjustment of the description of land may only be made before:
(a) 1 July 2008, except as provided by paragraph (b), or
(b) 1 July 2012, in the case of an adjustment of the description of land
in Schedule 4 or 5, or of the boundary of land adjoining a public
road.
(7) If any of the land described in a relevant Schedule on the
commencement of the Schedule is not included in the adjusted
description of the land, the land that is not so 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.
(8) If land included in the adjusted description of the land includes any land
not described in a relevant Schedule on the commencement of the
Schedule, the land concerned is taken to have been subject, on and from
the commencement of the Schedule, to the provisions of this Act
applying to land described in the relevant Schedule.
(9) The Director-General of the Department of Environment and
Conservation may, in a notice published under this section for the
purpose of adjusting the boundary of land adjoining a public road,
declare that:
(a) any such land (described in the notice) is part of the public road
and, accordingly, is vested in the roads authority for that public
road under the Roads Act 1993 or is Crown land, or
(b) any such land (described in the notice) ceases to be part of that
public road and, accordingly, 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.
A declaration under this subsection has effect according to its tenor,
despite anything to the contrary in the Roads Act 1993.
(10) In this section:
classified road and public road have the same meanings as in the Roads
Act 1993.
land adjoining a public road includes land in the vicinity of a public
road.
Page 6
National Park Estate (Lower Hunter Region Reservations) Bill 2006 Clause 11
and transfers Part 2
national park estate land means:
(a) land reserved under the National Parks and Wildlife Act 1974, or
(b) land dedicated or set apart as a flora reserve under the Forestry
Act 1916, or
(c) land declared as a special management zone under the Forestry
Act 1916, or
(d) land vested in the NPW Minister for the purposes of Part 11 of
the National Parks and Wildlife Act 1974.
11 Land transfers--ancillary and special provisions
Schedule 7 has effect.
Page 7
Clause 12 National Park Estate (Lower Hunter Region Reservations) Bill 2006
Part 3 Miscellaneous
Part 3 Miscellaneous
12 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.
13 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.
(3) Any such provision may, if the regulations so provide, take effect from
1 January 2007 or a later date.
(4) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, 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.
14 Amendment of Native Title (New South Wales) Act 1994 No 45
The Native Title (New South Wales) Act 1994 is amended by inserting
", the National Park Estate (Lower Hunter Region Reservations) Act
2006" after "National Park Estate (Reservations) Act 2003" in section
104A (1) (a).
15 Amendment of National Parks and Wildlife Act 1974
The National Parks and Wildlife Act 1974 is amended as set out in
Schedule 8.
16 Amendment of Hunter Water Act 1991
The Hunter Water Act 1991 is amended as set out in Schedule 9.
Page 8
National Park Estate (Lower Hunter Region Reservations) Bill 2006
State forests reserved as national park or state conservation area Schedule 1
Schedule 1 State forests reserved as national park
or state conservation area
(Sections 4 and 5)
1 Columbey National Park
An area of about 787 hectares, being so much of Uffington State Forest
No 178 as comprises the land designated as 1100-01 on the diagram
catalogued Misc R 00316 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
2 Karuah National Park
(1) An area of about 414 hectares, being so much of Karuah State Forest No
114 as comprises the land designated as 1101-02 on the diagram
catalogued Misc R 00317 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) An area of about 333 hectares, being so much of Wallaroo State Forest
No 781 as comprises the land designated as 1101-04 on the diagram
catalogued Misc R 00317 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
3 Additions to Medowie State Conservation Area
(1) An area of about 767 hectares, being so much of Medowie State Forest
No 780 as comprises the land designated as 658-02 on the diagram
catalogued Misc R 00319 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) An area of about 19 hectares, being so much of Wallaroo State Forest
No 781 as comprises the land designated as 658-03 on the diagram
catalogued Misc R 00319 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
4 Sugarloaf State Conservation Area
(1) An area of about 2,139 hectares, being so much of Awaba State Forest
No 982 as comprises the land designated as 1106-01 on the diagram
catalogued Misc R 00322 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 9
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 1 State forests reserved as national park or state conservation area
(2) An area of about 1,428 hectares, being so much of Heaton State Forest
No 122 as comprises the land designated as 1106-02 on the diagrams
catalogued Misc R 00321 (Edition 1) and Misc R 00322 (Edition 1) in
the Department of Environment and Conservation, subject to any
variations or exceptions noted on those diagrams.
5 Werakata State Conservation Area
An area of about 2,257 hectares, being so much of Aberdare State Forest
No 981 as comprises the land designated as 1105-01 on the diagram
catalogued Misc R00323 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 10
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Crown lands reserved as national park, nature reserve or state conservation Schedule 2
area
Schedule 2 Crown lands reserved as national park,
nature reserve or state conservation
area
(Section 6)
1 Gir-um-bit National Park
An area of about 15 hectares, being the land designated as 1102-03 on
the diagram catalogued Misc R 00319 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
2 Gir-um-bit State Conservation Area
An area of about 184 hectares, being the land designated as 1103-01 on
the diagram catalogued Misc R 00319 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
3 Hunter Estuary National Park
An area of about 1 hectare, being the land designated as 1104-01 on the
diagram catalogued Misc R 00320 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
4 Karuah National Park
An area of about 2 hectares, being the land designated as 1101-01 on the
diagram catalogued Misc R 00317 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
5 Addition to Karuah Nature Reserve
An area of about 139 hectares, being the land designated as 744-01 on
the diagram catalogued Misc R 00317 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
6 Addition to Lake Macquarie State Conservation Area
An area of about 94 hectares, being the land designated as 629-01 on the
diagram catalogued Misc R 00325 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
Page 11
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 2 Crown lands reserved as national park, nature reserve or state conservation
area
7 Medowie Nature Reserve
An area of about 11 hectares, being the land designated as 930-01 on the
diagram catalogued Misc R 00317 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
8 Sugarloaf State Conservation Area
An area of about 370 hectares, being the land designated as 1106-03 on
the diagram catalogued Misc R 00321 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
9 Tilligerry National Park
An area of about 141 hectares, being the land designated as 1107-01 on
the diagram catalogued Misc R 00319 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
10 Addition to Tilligerry Nature Reserve
An area of about 5 hectares, being the land designated as 798-01 on the
diagram catalogued Misc R 00318 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
11 Tilligerry State Conservation Area
An area of about 4,570 hectares, being the land designated as 1108-01
on the diagram catalogued Misc R 00319 (Edition 1) in the Department
of Environment and Conservation, subject to any variations or
exceptions noted on that diagram.
12 Additions to Tomaree National Park
(1) An area of about 8 hectares, being the land designated as 65-03 on the
diagram catalogued Misc R 00318 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
(2) An area of about 12 hectares, being the land designated as 65-01 on the
diagram catalogued Misc R 00318 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
(3) An area of about 25 hectares, being the land designated as 65-02 on the
diagram catalogued Misc R 00318 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
Page 12
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Crown lands reserved as national park, nature reserve or state conservation Schedule 2
area
13 Addition to Watagans National Park
An area of about 47 hectares, being the land designated as 133-01 on the
diagrams catalogued Misc R 00322 (Edition 1) and Misc R 00324
(Edition 1) in the Department of Environment and Conservation,
subject to any variations or exceptions noted on those diagrams.
Page 13
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 3 Parts of State forests set apart as flora reserves under Forestry Act 1916
Schedule 3 Parts of State forests set apart as flora
reserves under Forestry Act 1916
(Section 7)
1 Additions to Bar Flora Reserve No 83 No 1 Extension
(1) Olney State Forest No 124
An area of about 13 hectares, being so much of Olney State Forest
No 124 as comprises the land designated as FR-7 on the diagram
catalogued Misc R 00324 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Watagan State Forest No 123
An area of about 0.5 hectare, being so much of Watagan State Forest
No 123 as comprises the land designated as FR-9 on the diagram
catalogued Misc R 00324 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
2 Olney Flora Reserve No 186
Olney State Forest No 124
An area of about 802 hectares, being so much of Olney State Forest
No 124 as comprises the land designated as FR-5 on the diagram
catalogued Misc R 00324 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
3 The Hunter Lakes Flora Reserve No 185
(1) Awaba State Forest No 982
An area of about 211 hectares, being so much of Awaba State Forest
No 982 as comprises the land designated as FR-2 on the diagram
catalogued Misc R 00322 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Heaton State Forest No 122
An area of about 536 hectares, being so much of Heaton State Forest
No 122 as comprises the land designated as FR-4 on the diagram
catalogued Misc R 00322 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 14
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Parts of State forests set apart as flora reserves under Forestry Act 1916 Schedule 3
(3) Olney State Forest No 124
An area of about 187 hectares, being so much of Olney State Forest
No 124 as comprises the land designated as FR-3 on the diagram
catalogued Misc R 00322 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
4 Addition to Wallaroo Flora Reserve No 48 No 1 Extension
Wallaroo State Forest No 781
An area of about 463 hectares, being so much of Wallaroo State Forest
No 781 as comprises the land designated as FR-1 on the diagram
catalogued Misc R 00317 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
5 Additions to Warrawolong Flora Reserve No 80 No 1 Extension
(1) Olney State Forest No 124
An area of about 52 hectares, being so much of Olney State Forest
No 124 as comprises the land designated as FR-8 on the diagram
catalogued Misc R 00324 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Watagan State Forest No 123
An area of about 461 hectares, being so much of Watagan State Forest
No 123 as comprises the land designated as FR-6 on the diagram
catalogued Misc R 00324 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 15
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 4 State forests vested in NPW Minister
Schedule 4 State forests vested in NPW Minister
(Sections 4 and 8)
An area of about 2 hectares, being so much of Awaba State Forest No 982 as
comprises the land designated as V-01 on the diagram catalogued Misc R 00322
(Edition 1) in the Department of Environment and Conservation, subject to any
variations or exceptions noted on that diagram.
An area of about 7 hectares, being so much of Awaba State Forest No 982 as
comprises the land designated as V-02 on the diagram catalogued Misc R 00322
(Edition 1) in the Department of Environment and Conservation, subject to any
variations or exceptions noted on that diagram.
Page 16
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Crown lands vested in NPW Minister Schedule 5
Schedule 5 Crown lands vested in NPW Minister
(Section 8)
An area of about 80 hectares, being the land designated as V-03 on the diagram
catalogued Misc R 00319 (Edition 1) in the Department of Environment and
Conservation, subject to any variations or exceptions noted on that diagram.
Page 17
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 6 Changes within national park estate
Schedule 6 Changes within national park estate
(Section 9)
1 Revocation of National Park and Nature Reserve and reservation as
Gir-um-bit National Park
(1) Myall Lakes National Park
An area of about 43 hectares, being so much of Myall Lakes National
Park as comprises the land designated as 1102-01 on the diagram
catalogued Misc R 00317 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Worimi Nature Reserve
An area of about 555 hectares, being so much of Worimi Nature
Reserve as comprises the land designated as 1102-02 on the diagrams
catalogued Misc R 00317 (Edition 1) and Misc R 00319 (Edition 1) in
the Department of Environment and Conservation, subject to any
variations or exceptions noted on those diagrams.
2 Revocation of Nature Reserve and reservation as Hunter Estuary
National Park
(1) Hexham Swamp Nature Reserve
An area of about 905 hectares, being so much of Hexham Swamp
Nature Reserve as comprises the land designated as 1104-03 on the
diagram catalogued Misc R 00320 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
(2) Kooragang Nature Reserve
An area of about 3,348 hectares, being so much of Kooragang Nature
Reserve as comprises the land designated as 1104-02 on the diagram
catalogued Misc R 00320 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
3 Revocation of Karuah Nature Reserve and reservation as Karuah
National Park
An area of about 2,472 hectares, being so much of Karuah Nature
Reserve as comprises the land designated as 1101-03 on the diagram
catalogued Misc R 00317 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 18
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Changes within national park estate Schedule 6
4 Revocation of Nature Reserve and reservation as Medowie Nature
Reserve
(1) Karuah Nature Reserve
An area of about 141 hectares, being so much of Karuah Nature Reserve
as comprises the land designated as 930-02 on the diagram catalogued
Misc R 00317 (Edition 1) in the Department of Environment and
Conservation, subject to any variations or exceptions noted on that
diagram.
(2) Worimi Nature Reserve
An area of about 86 hectares, being so much of Worimi Nature Reserve
as comprises the land designated as 930-03 on the diagram catalogued
Misc R 00317 (Edition 1) in the Department of Environment and
Conservation, subject to any variations or exceptions noted on that
diagram.
5 Revocation of Karuah State Conservation Area and reservation as
Medowie State Conservation Area
An area of about 206 hectares, being so much of Karuah State
Conservation Area as comprises the land designated as 658-01 on the
diagram catalogued Misc R 00317 (Edition 1) in the Department of
Environment and Conservation, subject to any variations or exceptions
noted on that diagram.
6 Revocation of Wallaroo Nature Reserve and reservation as Wallaroo
National Park
An area of about 2,780 hectares, being so much of Wallaroo Nature
Reserve as comprises the land designated as 1099-01 on the diagram
catalogued Misc R 00316 (Edition 1) in the Department of Environment
and Conservation, subject to any variations or exceptions noted on that
diagram.
Page 19
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 7 Land transfers--ancillary and special provisions
Schedule 7 Land transfers--ancillary and special
provisions
(Section 11)
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 perpetual lease, a special lease or
a term lease within the meaning of the Crown Lands (Continued
Tenures) Act 1989,
(c) land that is comprised in an incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act 1989.
(2) This clause has effect despite any other provision of this Act.
2 Application of Act
(1) This Act has effect despite the provisions of the Forestry Act 1916 and,
in particular, despite any different procedure under that Act for the
following:
(a) the revocation of State forests, national forests, special
management zones, flora reserves or timber reserves,
(b) the setting apart of flora 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 parks, nature reserves or state
conservation areas
(1) The lands reserved as, or as parts of, national parks, nature reserves or
state conservation areas 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 provisions of Part 2 of this Act.
(3) A name assigned to any national park, nature reserve 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.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
and transfers--ancillary and special provisions Schedule 7
(4) Section 35 (including section 35 as applied by section 58) and section
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, nature reserve or
state conservation area that is effected by this Act.
4 Existing leases under Forestry Act 1916 affecting lands reserved as
national parks or state conservation areas
Section 42 (2) (including section 42 (2) as applied by section 47K) and
section 55 of the National Parks and Wildlife Act 1974 apply to and in
respect of a lease under the Forestry Act 1916, being a lease:
(a) affecting any of the lands described in Schedule 1 that are
reserved as, or as parts of, national parks or state conservation
areas by this Act, and
(b) current and in force immediately before 1 July 2007,
in the same way as those sections apply to a licence or permit under the
Forestry Act 1916.
5 Access roads within national parks, nature reserves and state
conservation areas
(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 Lands Act 1989.
(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 July 2007:
(a) roads of access within the meaning of section 33A of the Forestry
Act 1916,
(b) roads, tracks, trails and other means of access used, immediately
before 1 July 2007, 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 the
commencement of Part 2 of this Act, reserved as, or as part of, a national
park, nature reserve 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
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 7 Land transfers--ancillary and special provisions
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 July 2007.
(5) Before 1 July 2008, 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
20A of the Forestry Act 1916 for the benefit of that land holding and in
force immediately before 1 July 2007.
(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 July 2012, 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, nature
reserve or state conservation area, or
(b) are not so excluded and are reserved as part of the national park,
nature reserve or state conservation area in which they are
situated.
An order under this subclause may be published only with the
concurrence of the Minister administering the Forestry Act 1916.
(8) 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, nature reserve 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 July
2007, and
(b) the access roads that are not so excluded are reserved as part of
the national park, nature reserve or state conservation area within
which they are situated.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
and transfers--ancillary and special provisions Schedule 7
(9) 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.
(10) 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.
(11) This clause has effect despite the provisions of the Forestry Act 1916.
6 Setting apart of flora reserves
The lands set apart as, or as part of, a flora reserve under this Act are,
for the purposes of the Forestry Act 1916, taken to have been set apart
by notice under section 25A of that Act. A name assigned to any such
flora reserve by this Act is taken to have been assigned to that flora
reserve by a notice under that section.
7 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 8, 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.
8 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 Director-General of the Department of Environment and
Conservation 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.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 7 Land transfers--ancillary and special provisions
(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.
9 Administration of existing interests affecting land vested in NPW
Minister
(1) The administration of matters relating to existing interests affecting any
of the lands described in Schedule 4 or 5, and preserved by section 8, is
vested in the NPW Minister.
(2) For the purposes of subclause (1), the NPW Minister has the powers of
the Minister administering the Crown Lands (Continued Tenures) Act
1989.
(3) In this clause, existing interest means a perpetual lease, special lease or
term lease within the meaning of the Crown Lands (Continued Tenures)
Act 1989 (or rights or interests arising under an incomplete purchase
within the meaning of that Act).
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.
11 Exclusion of Crown lands subject to pending Aboriginal land rights
claims
Crown land that is the subject of a claim duly made under Division 2 of
Part 2 of the Aboriginal Land Rights Act 1983 before 25 September
2006, being a claim that has not been determined before the
commencement of Part 2 of this Act, is not reserved or vested by the
operation of this Act.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Amendment of National Parks and Wildlife Act 1974 Schedule 8
Schedule 8 Amendment of National Parks and
Wildlife Act 1974
(Section 15)
[1] Section 30E National parks
Insert after section 30E (2) (f):
(fa) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the national park that is permitted under
section 185A having regard to the conservation of the
national park's natural and cultural values,
[2] Section 30F Historic sites
Insert after section 30F (2) (d):
(da) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the historic site that is permitted under section
185A having regard to the conservation of the historic
site's natural and cultural values,
[3] Section 30G State conservation areas
Insert after section 30G (2) (c):
(ca) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the state conservation area that is permitted
under section 185A having regard to the conservation of
the natural and cultural values of the state conservation
area,
[4] Section 30H Regional parks
Insert after section 30H (2) (f):
(g) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the regional park that is permitted under
section 185A having regard to the conservation of the
regional park's natural and cultural values.
[5] Section 30I Karst conservation reserves
Insert after section 30I (2) (h):
(i) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 8 Amendment of National Parks and Wildlife Act 1974
Act 1991) in the karst conservation reserve that is
permitted under section 185A having regard to the
conservation of the karst conservation reserve's natural
and cultural values.
[6] Section 30J Nature reserves
Insert after section 30J (2) (d):
(e) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the nature reserve that is permitted under
section 185A having regard to the conservation of the
nature reserve's natural and cultural values.
[7] Section 30K Aboriginal areas
Insert after section 30K (2) (e):
(f) provision for the carrying out of development in any part
of a special area (within the meaning of the Hunter Water
Act 1991) in the Aboriginal area that is permitted under
section 185A having regard to the conservation of the
Aboriginal area's natural and cultural values.
[8] Section 71BO Definitions
Omit "or 73" from the definition of responsible authority.
Insert instead ", 73 or 75".
[9] Section 73B Adoption, amendment and cancellation of plans of
management
Insert ", 75" after "74" in section 73B (7).
[10] Section 74 Catchment areas and special areas--generally
Insert after section 74 (1):
(1A) This section does not apply to land referred to in subsection (1)
(a) that is wholly or partly within a special area within the
meaning of the Hunter Water Act 1991.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Amendment of National Parks and Wildlife Act 1974 Schedule 8
[11] Section 75
Insert after section 74:
75 Special areas under the Hunter Water Act 1991--joint preparation
and approval of plans of management
(1) This section applies to land that:
(a) is reserved as a national park, historic site, state
conservation area, regional park, nature reserve, karst
conservation reserve or Aboriginal area, and
(b) is wholly or partly within a special area within the meaning
of the Hunter Water Act 1991.
(2) The Director-General and the Chief Executive Officer of the
Hunter Water Corporation have joint responsibility for:
(a) causing any plan of management for land to which this
section applies to be prepared under section 72 (1) or (1A),
and
(b) carrying out and giving effect to any such plan of
management under section 81.
(3) In the case of a plan of management for land to which this section
applies that is a regional park under the care, control and
management of a local council, the council and the Chief
Executive Officer of the Hunter Water Corporation have joint
responsibility for:
(a) causing any plan of management for the land to be
prepared under section 72 (1B), and
(b) carrying out and giving effect to any such plan of
management under section 81.
(4) The Minister, and the Minister administering Division 8 of Part 5
of the Hunter Water Act 1991, are jointly responsible for the
adoption, amendment or alteration, cancellation or substitution of
any such plan of management. For this purpose, a reference to the
Minister in sections 73B and 81 is taken to be a reference to both
of those Ministers.
(5) If the whole or any part of land reserved as a national park,
historic site, state conservation area, regional park, nature
reserve, karst conservation reserve or Aboriginal area is declared,
after it is so reserved, to be a special area under the Hunter Water
Act 1991, a plan of management for the land is to be prepared as
soon as practicable after the whole or part of the land is declared
to be a special area.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 8 Amendment of National Parks and Wildlife Act 1974
[12] Section 81 Operations under plan of management
Insert "However, this subsection does not prevail over section 185A." at the
end of section 81 (4).
[13] Section 185A
Insert after section 185:
185A Special areas under the Hunter Water Act 1991
(1) This section applies to land that:
(a) is reserved as a national park, historic site, state
conservation area, regional park, nature reserve, karst
conservation reserve or Aboriginal area, and
(b) is wholly or partly within a special area within the meaning
of the Hunter Water Act 1991.
(2) Except as provided by this section, nothing in any provision of,
or made under, this Act prevents or prohibits, or requires
authorisation for, development for the purpose of the extraction,
treatment, reticulation or replenishment of groundwater if the
development is:
(a) carried out, by or on behalf of the Hunter Water
Corporation, on land to which this section applies, and
(b) authorised or permitted under the Environmental Planning
and Assessment Act 1979 (whether before, on or after the
commencement of this section).
(3) Subsection (2) extends to:
(a) development for the purpose of any pumping station, or
other infrastructure, that is connected with or incidental to
the extraction, treatment, reticulation or replenishment of
groundwater, or
(b) development for the purpose of the installation,
replacement or maintenance of sealed sewerage pipes and
of pumps, and the use of those pipes and pumps for
conveying sewage (but not any other development for the
purpose of sewage discharge or treatment).
(4) For the avoidance of doubt, a lease, licence to occupy or use, or
an easement or right of way through, on or in, land to which this
section applies is not required to enable development to be
carried out in accordance with this section.
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National Park Estate (Lower Hunter Region Reservations) Bill 2006
Amendment of National Parks and Wildlife Act 1974 Schedule 8
(5) Development carried out in accordance with this section may be
carried out despite any plan of management applying to the land
to which this section applies. However, no operations (including
any development) are to be carried out on that land, on or after
the adoption of any such plan prepared by the Director-General
(or a local council) and the Chief Executive Officer of the Hunter
Water Corporation as referred to in section 75, unless the
operations are in accordance with the plan.
(6) If an environmental planning instrument provides that
development referred to in subsection (2) is permitted on the land
to which this section applies if it is authorised under this Act, the
development is taken to be authorised under this Act if it is
otherwise authorised or permitted under the Environmental
Planning and Assessment Act 1979.
(7) Without affecting the generality of section 185, nothing in any
provision of, or made under, this Act affects a prohibition or
restriction imposed by or under the Hunter Water Act 1991 or the
Water Management Act 2000 in its application to the land to
which this section applies.
(8) For the avoidance of doubt, this section prevails over section 47I.
(9) In this section:
development has the same meaning as it has in the Environmental
Planning and Assessment Act 1979 and includes an activity
within the meaning of Part 5 of that Act.
environmental planning instrument has the same meaning as it
has in the Environmental Planning and Assessment Act 1979.
Page 29
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Schedule 9 Amendment of Hunter Water Act 1991
Schedule 9 Amendment of Hunter Water Act 1991
(Section 16)
Section 19 Ownership of works
Insert after section 19 (1):
(1A) Without limiting subsection (1), the Corporation is the owner of
all works on land that is:
(a) within a special area, and
(b) reserved under the National Parks and Wildlife Act 1974
or vested in Her Majesty or the Minister administering Part
11 of that Act.
Page 30
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