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

Overview of Bill

The objects of this Bill are:

(a) to transfer to the national park estate certain river red gum State forest lands in
the Riverina area, and

(b) to enable the transfer to Aboriginal ownership and conservation of certain
other State forest lands in the Riverina area, and

(c) to enable forestry operations to continue on land in the Riverina area
remaining as State forest, and

(d) to enable payments to be made from the Environmental Trust Fund,
established under the Environmental Trust Act 1998, for the purpose of
implementing forestry restructure and assistance programs and schemes in the
Riverina area, and

(e) to enable the collection of firewood for non-commercial purposes to continue
in areas reserved as national or regional parks under the proposed Act and to
make other miscellaneous provisions.

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Explanatory note page 2

National Park Estate (Riverina Red Gum Reservations) Bill 2010 (No 2)
Explanatory note

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 2010.

Clause 3 defines certain words and expressions used in the proposed Act.

Part 2 Land transfers
Clause 4 revokes the dedication as State forest of lands that are to be reserved as
national park or regional park or vested in the Minister for Climate Change and the
Environment for the purposes of Part 11 of the National Parks and Wildlife Act 1974.

The dedication of the lands specified in Schedules 1, 3, 5 and 6 is revoked on
1 July 2010.

Clause 5 reserves, on 1 July 2010, certain lands in revoked State forests as national
park or regional park. The lands concerned are set out in Schedule 1.

Clause 6 reserves, on 1 July 2010, certain Crown lands as state conservation area.

The lands concerned are set out in Schedule 2.

Clause 7 vests, on 1 July 2010, certain lands in revoked State forests in the Minister
for Climate Change and the Environment for the purposes of Part 11 of the National
Parks and Wildlife Act 1974. The lands concerned are set out in Schedule 3.

Clause 8 reserves, on 1 July 2010, certain lands controlled by the Forestry
Commission (and taken to be State forest) as national park. The lands concerned are
set out in Schedule 4.

Clause 9 vests, on 1 July 2010, certain lands in revoked State forests in the Crown
as Crown land, which will be subject to the Crown Lands Act 1989 (with an assessed
preferred use for the purposes of nature conservation). The lands concerned are set
out in Schedule 5.

Clause 10 vests, on 1 July 2010, certain lands in revoked State forests in the Minister
for Climate Change and the Environment for the purposes of Part 11 of the National
Parks and Wildlife Act 1974. The Minister may deal with those lands by vesting them
in an Aboriginal landholding body. The lands concerned are set out in Schedule 6.

Clause 11 reserves, on 1 July 2010, certain lands that had been vested in the Minister
for Climate Change and the Environment for the purposes of Part 11 of the National
Parks and Wildlife Act 1974 as state conservation area.

Clause 12 changes the names of, and consolidates, certain reserved lands that are
currently within national parks, nature reserves and state conservation areas.

Clause 13 enables the Director-General of the Department of Environment, Climate
Change and Water (the Director-General) to adjust the descriptions of land in
Schedules 1-7 in order to alter the boundaries of the land for the purposes of effective
management of national park estate land and State forest land, to adjust boundaries

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Explanatory note page 3

National Park Estate (Riverina Red Gum Reservations) Bill 2010 (No 2)
Explanatory note
to public roads, to adjust descriptions of easements or to provide a more detailed
description of the boundaries of the land.

Part 3 Forestry operations on land remaining as State
forest
Clause 14 defines certain words and expressions used in proposed Part 3. Riverina
forestry operations is defined to mean forestry operations within the meaning of the
Forestry and National Park Estate Act 1998 to which Part 4 of that Act applies that
are carried out in Riverina State forests.

Clause 15 provides that an integrated forestry operations approval may be granted
under Part 4 of the Forestry and National Park Estate Act 1998 for Riverina forestry
operations. The clause makes transitional arrangements to enable forestry operations
to continue pending the granting of an approval.

Part 4 Miscellaneous
Clause 16 provides that firewood may be collected from land reserved as national or
regional park or other land reserved under the National Parks and Wildlife Act 1974
in certain circumstances. The firewood is not to be collected for commercial
purposes. It must be collected only by an individual or not-for-profit organisation,
licensed by the Director-General, and must be collected from firewood collection
zones as determined by the Director-General. The collection of firewood must
comply with any conditions of a licence issued to the person or the organisation and
any regulations.

Clause 17 provides that the proposed Act binds the Crown.

Clause 18 enables the making of regulations for the purposes of the proposed Act.

Schedule 1 State forests reserved as national park
or regional park on 1 July 2010
This Schedule sets out the lands within State forests (whose dedication as State forest
is revoked) that are, on 1 July 2010, reserved as national or regional park.

Schedule 2 Crown lands reserved as state
conservation area on 1 July 2010
This Schedule sets out the Crown lands that are, on 1 July 2010, reserved as state
conservation area.

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National Park Estate (Riverina Red Gum Reservations) Bill 2010 (No 2)
Explanatory note
Schedule 3 State forests vested in NPW Minister on
1 July 2010
This Schedule sets out the lands (whose dedication as State forest is revoked) that are,
on 1 July 2010, vested in the Minister for Climate Change and the Environment for
the purposes of Part 11 of the National Parks and Wildlife Act 1974.

Schedule 4 Forestry Commission controlled land
reserved as national park on 1 July 2010
This Schedule sets out the lands controlled by the Forestry Commission that are, on
1 July 2010, reserved as national park.

Schedule 5 State forests made subject to Crown
Lands Act 1989 on 1 July 2010
This Schedule sets out the lands (whose dedication as State forest is revoked) that are,
on 1 July 2010, vested in the Crown as Crown land and subject to the Crown Lands
Act 1989.

Schedule 6 State forests vested in NPW Minister on
1 July 2010 for transfer to Aboriginal
ownership
This Schedule sets out the lands (whose dedication as State forest is revoked) that are,
on 1 July 2010, vested in the Minister for Climate Change and the Environment for
the purposes of Part 11 of the National Parks and Wildlife Act 1974 for later transfer
to Aboriginal ownership.

Schedule 7 Land vested in the NPW Minister
reserved as state conservation area on
1 July 2010
This Schedule sets out the lands vested in the Minister for Climate Change and the
Environment that are, on 1 July 2010, reserved as state conservation area.

Schedule 8 Change of names and consolidation of
national parks, nature reserves and state
conservation areas on 1 July 2010
This Schedule sets out the land affected by the changes in the national park estate
referred to in clause 12.

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National Park Estate (Riverina Red Gum Reservations) Bill 2010 (No 2)
Explanatory note
Schedule 9 Land transfers--ancillary and special
provisions
This Schedule makes ancillary and special provisions with respect to land transferred
under the proposed Act.

Schedule 10 Amendment of Acts
Schedule 10.1 amends the Forestry and National Park Estate Act 1998 to remove
the requirement for a forest agreement to be prepared under that Act before an
integrated forestry operations approval can be prepared under that Act in respect of
the Riverina area, and makes a consequential change to the application of the
Environmental Planning and Assessment Act 1979.

Schedule 10.2 amends the Forestry Restructuring and Nature Conservation
Act 1995 to enable payments to be made to the Consolidated Fund from the
Environmental Trust Fund, established under the Environmental Trust Act 1998, to
offset expenditure from the Consolidated Fund for the purposes of implementing
forestry restructure and assistance programs and schemes in the Riverina area. The
total amounts paid from the Fund in respect of the Riverina area must not exceed
$45,813,000 and payments from the Fund in respect of the Riverina area can only be
made until 30 June 2015. Annual progress reports are to be made and tabled in
Parliament on expenditure in the Riverina area, including an independent final 5-year
report on that expenditure and the outcomes of those policies.

Schedule 10.3 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.

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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