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This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to transfer certain lands to the national park estate, and
(b) to amend the National Parks and Wildlife Act 1974 in relation to special areas
under the Hunter Water Act 1991 that are within the national park estate to
provide for the following:(i) the joint preparation and implementation of plans of management for
that land by the Director-General of the Department of Environment
and Conservation and the Chief Executive Officer of the Hunter Water
Corporation, and for the joint adoption of those plans by the Minister for
the Environment and the Minister for Natural Resources,
(ii) the carrying out of development for certain purposes by or on behalf of
the Hunter Water Corporation, and
(c) to amend the Hunter Water Act 1991 to provide that the Hunter Water
Corporation is the owner of all works on land within a special area under that
Act that is part of the national park estate.
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 July 2007, except
for the proposed amendments to the National Parks and Wildlife Act 1974 and
Hunter Water Act 1991 (referred to in the Overview), proposed Part 1 and sections
12 and 13.Clause 3 defines expressions used in the proposed Act.
Part 2 Land transfers
Clause 4 revokes the dedication as State forest of lands that are:
(a) to be reserved under the National Parks and Wildlife Act 1974, or
(b) to be vested in the Minister for the Environment for the purposes of Part 11 of
the National Parks and Wildlife Act 1974.Clause 5 reserves certain lands in revoked State forests as national park or state
conservation area. The lands concerned are set out in Schedule 1.Clause 6 reserves certain Crown lands as national park, nature reserve or state
conservation area. The lands concerned are set out in Schedule 2.Clause 7 sets apart certain lands in State forests as flora reserves under the Forestry
Act 1916. The land concerned is set out in Schedule 3.Clause 8 vests certain lands in revoked State forests, and certain Crown lands, in the
Minister for the Environment for the purposes of Part 11 of the National Parks and
Wildlife Act 1974. The land concerned is set out in Schedules 4 and 5.Clause 9 transfers land currently within national park, nature reserve or state
conservation area to Gir-um-bit National Park, Hunter Estuary National Park,
Karuah National Park, Medowie Nature Reserve, Medowie State Conservation Area
or Wallaroo National Park. The land concerned is set out in Schedule 6.Clause 10 enables the Director-General of the Department of Environment and
Conservation to adjust the descriptions of land in Schedule 1, 2, 3, 4, 5 or 6 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.Clause 11 is a formal provision that gives effect to Schedule 7, which contains
ancillary and special provisions with respect to the land transfers under this Part.Part 3 Miscellaneous
Clause 12 provides that the proposed Act binds the Crown.Clause 13 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 14 amends the Native Title (New South Wales) Act 1994 to preserve native
title rights and interests in respect of a reservation or vesting of, or declaration over,
land or waters by the operation of the proposed Act.Clause 15 is a formal provision that gives effect to the amendment to the National
Parks and Wildlife Act 1974 set out in Schedule 8.Clause 16 is a formal provision that gives effect to the amendment to the Hunter
Water Act 1991 set out in Schedule 9.Schedule 1 State forests reserved as national park
or state conservation area
This Schedule sets out lands whose dedication as State forest is revoked and that are
reserved on 1 July 2007 as national park 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 Parts of State forests set apart as flora
reserves under Forestry Act 1916
This Schedule sets out the lands within State forests that are set apart as flora reserves
under the Forestry Act 1916.Schedule 4 State forests vested in NPW Minister
This Schedule sets out the lands (being lands whose dedication as State forest is
revoked) that are vested in the Minister for the Environment for the purposes of
Part 11 of the National Parks and Wildlife Act 1974.Schedule 5 Crown lands vested in NPW Minister
This Schedule sets out the Crown lands that are vested in the Minister for the
Environment for the purposes of Part 11 of the National Parks and Wildlife Act 1974.
Explanatory note page 4
National Park Estate (Lower Hunter Region Reservations) Bill 2006
Explanatory note
Schedule 6 Changes within national park estate
This Schedule sets out the land affected by the changes in the national park estate
referred to in clause 9.Schedule 7 Land transfers—ancillary and special
provisions
This Schedule makes ancillary and special provisions with respect to land transferred
under the proposed Act.Schedule 8 Amendment of National Parks and
Wildlife Act 1974
Schedule 8 [11] inserts proposed section 75 into the National Parks and Wildlife Act
1974 (the Principal Act), which provides for plans of management for special areas
under the Hunter Water Act 1991 that are within the national park estate to be jointly
prepared, and given effect to, by the Director-General of the Department of
Environment and Conservation and the Chief Executive Officer of the Hunter Water
Corporation. The proposed section also provides for such plans of management to be
jointly adopted by the Minister for the Environment and the Minister for Natural
Resources.Schedule 8 [8]–[10] make amendments that are consequential on the amendment
made by Schedule 8 [11].Schedule 8 [13] inserts proposed section 185A into the Principal Act, which
provides for the carrying out of certain development by or on behalf of the Hunter
Water Corporation in special areas under the Hunter Water Act 1991 that are within
the national park estate. The development concerned is:
(a) development for the purpose of the extraction, treatment, reticulation or
replenishment of groundwater, or
(b) 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
(c) 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).The proposed section enables the carrying out of the above kinds of development
despite any provision of, or made under, the Principal Act that would otherwise
prevent, prohibit, or require authorisation for the development, but only if it is
authorised or permitted under the Environmental Planning and Assessment Act 1979.The development must also be in accordance with any adopted plan of management
for the land concerned that has been prepared jointly by the Director-General of the
Department of Environment and Conservation and the Chief Executive Officer of the
Hunter Water Corporation.Schedule 8 [12] makes an amendment that is consequential on the amendment made
by Schedule 8 [13].Schedule 8 [1]–[7] make amendments to sections 30E, 30F, 30G, 30H, 30I, 30J and
30K of the Principal Act, which require reserves under the Principal Act to be
managed in accordance with a new principle (in addition to the management
principles already provided for in those sections). The principle is provision for the
carrying out of development in any part of a special area under the Hunter Water
Act 1991 in a reserve under the Principal Act that is permitted under proposed
section 185A having regard to the conservation of the natural and cultural values of
those reserves.Schedule 9 Amendment of Hunter Water Act 1991
This Schedule amends section 19 of the Hunter Water Act 1991 to provide that the
Hunter Water Corporation is the owner of all works on land within a special area that
is part of the national park estate or vested in Her Majesty or the Minister for the
Environment under Part 11 of the National Parks and Wildlife Act 1974.
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.