National Parks and Wildlife Amendment (Transfer of Special Areas) Bill 2001

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.




Overview of Bill



The object of this Bill is to make a number of ancillary provisions as a consequence of the transfer of certain catchment management areas from the Sydney Catchment Authority to the national park estate.
The Bill:
(a) amends the National Parks and Wildlife Act 1974:
(i) to enable money to be paid into and out of the National Parks and Wildlife Fund in connection with the implementation of plans of management adopted under the Sydney Water Catchment Management Act 1998 for special areas under that Act, and
(ii) to enable the Minister for the Environment to grant leases, licences, easements and rights of way over lands reserved or dedicated under the Act that are special areas under the Sydney Water Catchment Management Act 1998 or the Hunter Water Act 1991 so that the Sydney Catchment Authority, the Sydney Water Corporation or the Hunter Water Corporation may exercise its functions in relation to the lands concerned, and
(b) amends the Sydney Water Catchment Management Act 1998:
(i) to enable the Director-General of National Parks and Wildlife to implement plans of management adopted under the Act for special areas, and
(ii) to enable the Authority and the Director-General to engage contractors (including government agencies) to assist them in such implementation.
The Bill also makes minor, consequential and ancillary amendments to both of those Acts.


Outline of provisions



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 a day or days to be appointed by proclamation.

Clause 3 is a formal provision giving effect to the amendments to the National Parks and Wildlife Act 1974 set out in Schedule 1.

Clause 4 is a formal provision giving effect to the amendments to the Sydney Water Catchment Management Act 1998 set out in Schedule 2.




Schedule 1 Amendment of National Parks and Wildlife Act 1974




Schedule 1 [1] makes an amendment consequential on the amendment made by Schedule 1 [4].

Schedule 1 [2] amends section 138 to enable money received from the Sydney Catchment Authority in connection with the implementation of a plan of management for a special area under the Sydney Water Catchment Management Act 1998 to be paid into the National Parks and Wildlife Fund.

Schedule 1 [3] amends section 139 to enable the costs of implementing such plans of management to be paid out of the Fund.

Schedule 1 [4] inserts a new section 153B that allows the Minister for the Environment to grant leases, licences, easements and rights of way over lands reserved or dedicated under the principal Act that are special areas under the Sydney Water Catchment Management Act 1998 or the Hunter Water Act 1991, for the purpose of enabling the Sydney Catchment Authority, the Sydney Water Corporation or the Hunter Water Corporation to exercise its functions in relation to the lands concerned.

Under the proposed section, the Minister must not grant such a lease, licence, easement or right of way unless its purpose, duration and other relevant information is specified in a plan of management adopted under the principal Act for the lands concerned.


Schedule 1 [5] amends section 186 so as to require the fullest examination to be carried out before the Minister grants a lease, licence, easement or right of way under proposed section 153B.

Schedule 1 [6] amends Schedule 3 to enable regulations of a savings or transitional nature to be made as a consequence of the enactment of the proposed amending Act.

Schedule 1 [7] inserts a new clause 27 into Schedule 3 that validates past payments into and out of the National Parks and Wildlife Fund that would have been valid had the relevant amendment made by Schedule 1 [2] or [3] been in force when the payments into or out of the Fund were made.




Schedule 2 Amendment of Sydney Water Catchment Management Act 1998




Schedule 2 [1] amends section 24C to make it clear that payments may be made out of the Sydney Catchment Management Fund to the Director-General of National Parks and Wildlife (the Director-General) in connection with the implementation of plans of management for special areas adopted under the Act.

Schedule 2 [2] and [3] amend section 50 to enable both the Director-General and the Sydney Catchment Authority (the Authority) to implement such plans of management, and to engage contractors to assist them in doing so. Operations undertaken in special areas by the Director-General or the Authority must be in accordance with such plans of management.

Schedule 2 [4] amends Schedule 6 to enable regulations of a savings or transitional nature to be made as a consequence of the enactment of the proposed amending Act.

Schedule 2 [5] inserts a new clause 9 into Schedule 6 that validates past payments out of the Fund and past acts or omissions that would have been valid had the relevant amendment made by Schedule 2 [1], [2] or [3] been in force when the payments were made or the things were done or omitted.

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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