New South Wales Consolidated Acts

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- As at 13 January 2023 
- Act 80 of 1974 


           Long Title


   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Act binds Crown
   4.      Repeals, amendments, savings, transitional and other provisions
   5.      Definitions
   5A.     Notes in text


           Division 1 - National Parks and Wildlife Service

   6.      The Service
   7.      Functions of Secretary relating to reservation of land
   8.      Miscellaneous functions of Secretary
   9.      Audit and compliance
   10.     (Repealed)
   11.     Use of services of personnel of public authorities
   12.     Powers and functions of Service

           Division 2 - (Repealed)

           Division 3 - Ex-officio and honorary rangers

   16.     Ex-officio rangers
   17.     Honorary rangers
   18.     Removal or suspension of ex-officio and honorary rangers
   19.     Powers and functions of ex-officio rangers
   20.     Powers and functions of honorary rangers

           Division 4 - Delegation

   21.     Delegation


           Division 1 - National Parks and Wildlife Advisory Council

   22.     The Council
   23.     Functions and duties of Council

           Division 2 - Advisory committees

   24.     Constitution of advisory committees
   25.     Functions of advisory committees
   26.     Dissolution of advisory committees

           Division 3 - Aboriginal Cultural Heritage Advisory Committee

   27.     Aboriginal Cultural Heritage Advisory Committee
   28.     Functions of Committee

           Division 4 - Karst Management Advisory Committee

   29.     Constitution of Karst Management Advisory Committee
   30.     Function of Karst Management Advisory Committee


           Division 1 - Reservation of land

   30A.    Governor may reserve certain land
   30B.    Land that may be reserved under this Division
   30C.    Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area
   30D.    Limitation on reservation of land as state conservation area

           Division 2 - Management principles

   30E.    National parks
   30F.    Historic sites
   30G.    State conservation areas
   30H.    Regional parks
   30I.    Karst conservation reserves
   30J.    Nature reserves
   30K.    Aboriginal areas

           Division 3 - National parks and historic sites

   31.     Care, control and management of parks and sites
   32.     (Repealed)
   33.     Reservation of parks and sites
   34.     (Repealed)
   35.     Tabling of notice of reservation, and disallowance
   36.     (Repealed)
   37.     Revocation or compulsory acquisition of park or site
   38.     Limitation on use of name "national park"
   39.     Existing interests
   40.     Restrictions on disposal of or dealing with lands within parks or sites
   41.     Mining
   42.     Application of Forestry Act 2012
   43.     Application of Soil Conservation Act 1938
   44.     Application of Fisheries Management Act 1994
   45.     Provisions respecting animals in parks and sites
   46.     Transfer of rights, liabilities and property
   47.     (Repealed)

           Division 4 - State conservation areas

   47A.    Definition
   47B.    Reservation of state conservation areas
   47BA.   (Repealed)
   47C.    Care, control and management of state conservation areas reserved under Part 4A
   47D.    Tabling of notification of reservation, and disallowance
           47E, 47F. (Repealed)
   47G.    Limitation on use of expression "state conservation area"
   47GA.   State conservation area trusts for certain state conservation areas
   47GB.   State conservation area trust boards
   47GC.   (Repealed)
   47GD.   Reports by state conservation area trusts
   47GE.   Inspection of state conservation area trust
   47GF.   Removal of trust board members and appointment of administrator
   47GG.   Dissolution of state conservation area trusts
   47H.    Existing interests
   47I.    Restrictions on dealing with land in state conservation areas
   47J.    Provisions relating to mining
   47K.    Application of certain other provisions
   47L.    Revocation or compulsory acquisition of state conservation areas
   47M.    Review of classification as state conservation area
   47MA.   Reservation of land in state conservation area as national park or nature reserve
   47N.    Special provisions relating to certain state recreation areas

           Division 5 - Regional parks

   47O.    Reservation of regional parks
   47OA.   Care, control and management of regional parks reserved under Part 4A
   47P.    Name of regional park and limitation on use of term "regional park"
   47Q.    (Repealed)
   47R.    Tabling of notice of reservation, and disallowance
   47S.    Regional park trusts
   47T.    Regional park trust boards
   47U.    (Repealed)
   47V.    Reports
   47W.    Inspection and audit
   47X.    Removal of trust board members or local council and appointment of administrator
   47Y.    Dissolution of regional park trusts and revocation of nomination of local councils
   47Z.    Restrictions on dealing with land within regional parks
   47ZA.   Application of certain provisions to regional parks
   47ZB.   Revocation of regional park

           Division 6 - Nature reserves

   48.     Care, control and management of nature reserves
   49.     Reservation of nature reserves
           50, 51. (Repealed)
   52.     Revocation or compulsory acquisition of nature reserve
   53.     Restrictions on disposal of or dealing with lands within nature reserves
   54.     Mining
   55.     Application of Forestry Act 2012
   56.     Provisions respecting animals in nature reserves
   57.     Restrictions as to timber, vegetation, plants etc in nature reserves
   58.     Application of certain provisions to nature reserves
           58A-58J. (Repealed)

           Division 7 - Karst conservation reserves

   58K.    Reservation of karst conservation reserves
   58L.    (Repealed)
   58M.    Revocation or compulsory acquisition of karst conservation reserve
   58N.    Restriction on disposal of or dealing with lands within karst conservation reserves
   58O.    Mining
   58P.    Application of Forestry Act 2012
   58Q.    Provisions respecting animals in karst conservation reserves
   58R.    Restrictions as to timber, vegetation, plants etc in karst conservation reserves
   58S.    Application of certain provisions to karst conservation reserves

           Division 8 - (Repealed)

           Division 9 - Wild rivers

           59, 60. (Repealed)
   61.     Declaration of wild rivers
   61A.    Effect of declaration of wild river

           Division 10 - Aboriginal areas

   62.     Reservation of Aboriginal areas
   63.     Care, control and management of Aboriginal areas
   64.     Mining
           65, 66. (Repealed)

           Division 11 - Wildlife refuges

   67.     (Repealed)
   68.     Wildlife refuges
   69.     (Repealed)

           Division 12 - Conservation agreements

   69A.    Definitions
   69B.    Conservation agreements
   69C.    Purpose and content of agreements
   69D.    Duration and variation of agreements
   69E.    Agreements to run with land
   69F.    Registration of agreements
   69G.    Enforcement of agreements
   69H.    Register of agreements
   69I.    Proposals by statutory authorities affecting conservation areas
   69J.    Resolution of certain disputes
   69K.    Exhibition of proposed agreements
   69KA.   Application of Environmental Planning and Assessment Act 1979

           Division 13 - Offences relating to wildlife refuges and conservation areas

   70.     Fauna in wildlife refuges and other areas
   71.     Native plants in wildlife refuges, conservation areas and certain wilderness areas


           Division 1 - Preliminary

   71B.    Definitions
   71C.    Purpose of Part
   71D.    Recognition of cultural significance of certain lands to Aboriginal persons

           Division 2 - Negotiations for lease

   71E.    Application of Division
   71F.    Purpose of negotiations
   71G.    Selection of representatives for negotiations before Aboriginal owners identified
   71H.    Selection of representatives for negotiations after Aboriginal owners identified
   71I.    Role of Aboriginal negotiating panel
   71J.    Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
   71K.    Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
   71L.    Preference to vesting in Local Aboriginal Land Council--Schedule 14 lands

           Division 3 - Vesting and reservation of Schedule 14 lands

   71M.    Application of Division
   71N.    Tabling of proposal if change of land classification involved
   71O.    Vesting and reservation of Schedule 14 lands
   71P.    Effect of publication of proclamation
   71Q.    Certain other consequences of publication of proclamation
   71R.    Certain provisions not to apply to lands reserved under this Division
   71S.    Application of certain provisions to lands reserved under this Division
   71T.    (Repealed)
   71U.    Name of Schedule 14 lands
   71V.    No consideration payable by Aboriginal Land Council on vesting of lands
   71W.    Reservation of part only of Schedule 14 lands

           Division 4 - Reservation or dedication of ALR Act lands

   71X.    Application of Division
   71Y.    Reservation of ALR Act lands
   71Z.    Effect of publication of notice
   71AA.   Certain other consequences of publication of proclamation
   71AB.   Applications of certain provisions to ALR Act lands

           Division 5 - Provisions as to leases

   71AC.   Application of Division
   71AD.   Matters to be covered in lease between Aboriginal Land Council and Minister
   71AE.   Rent payable under lease
   71AF.   Dating of lease
   71AG.   Registrar-General to enter particulars of vesting and lease in register
   71AH.   Regular review of lease required
   71AI.   Re-negotiation of lease before expiry of lease term
   71AJ.   Dating and registration of re-negotiated lease
   71AK.   Variation of lease
   71AL.   Holding over under lease

           Division 6 - Boards of management

   71AM.   Application of Division
   71AN.   Boards of management
   71AO.   Functions of boards of management
   71AP.   Term of office of board members
   71AQ.   Board of management's accounts, budgets, quarterly and annual reports

           Division 7 - Addition of lands to Schedule 14

   71AR.   Application of Division
   71AS.   Proposals for additions to Schedule 14
   71AT.   Assessment of proposals
   71AU.   Report to Minister
   71AV.   Consideration of report by Minister
   71AW.   Listing of additional lands in Schedule 14

           Division 8 - Addition of lands to Schedule 14 lands or ALR Act lands leased under Part

   71AX.   Application of Division
   71AY.   Definition of "area"
   71AZ.   Additions may be made to reserved lands leased under Part
   71BA.   Addition of lands already reserved under Act
   71BB.   Tabling of proclamation to add lands if change of land classification involved
   71BC.   Addition of lands not already reserved under Act
   71BD.   Application of certain provisions to additional lands
   71BE.   Review of lease after addition of lands

           Division 9 - Miscellaneous

   71BF.   Application of Division
   71BFA.  Aboriginal Land Council may create and deal with carbon sequestration rights
   71BG.   Aboriginal Land Councils to act with agreement of Aboriginal owner board members
   71BH.   Regard to be had to interests of Aboriginal owners
   71BI.   Land management activities subject to native title
   71BJ.   Arbitration of disputes
   71BK.   Dissolution of Local Aboriginal Land Council
   71BL.   Status of leased lands and board of management
   71BM.   Omission of land from Schedule 14
   71BN.   Review of Part


   71BO.   Definitions
   72.     Preparation of plans of management
   72AA.   Objectives and content of plans of management
   72A.    Plans of management for combined areas and areas adjoining State borders
   73.     State forests
   73A.    Public exhibition and consultation for plans of management
   73B.    Adoption, amendment and cancellation of plans of management
   74.     Catchment areas and special areas--generally
   75.     Special areas under the Hunter Water Act 1991--joint preparation and approval of plans of management
           75A-79. (Repealed)
   79A.    Lapsing of plans of management
   80.     Lands submerged by water
   81.     Operations under plan of management
   81A.    Leases, licences and easements subject to plan of management
   82.     Concurrence of Forestry Corporation


   82A.    Meanings of "carbon sequestration" and "carbon sequestration right"
   82B.    Minister may create and deal with carbon sequestration rights
   82C.    Review of Part


           Division 1 - General

   83.     Certain Aboriginal objects to be Crown property
   84.     Aboriginal places
   85.     Secretary's responsibilities as to Aboriginal objects and Aboriginal places
   85A.    Transfer of Aboriginal objects
   86.     Harming or desecrating Aboriginal objects and Aboriginal places
   87.     Defences
   87A.    Exemptions for certain activities
   87B.    Exemption for traditional Aboriginal cultural activities
   88.     Australian Museum Trust to have custody of certain Aboriginal objects
   89.     Preservation or exhibition of certain Aboriginal objects
   89A.    Notification of sites of Aboriginal objects

           Division 2 - Aboriginal heritage impact permits

   90.     Aboriginal heritage impact permits
   90A.    Application for issue of permit
   90B.    Application for transfer of permit
   90C.    Grant or refusal of application
   90D.    Variation of permits
   90E.    Restrictions on making applications to transfer permits
   90F.    Requirement for further information
   90G.    Suspension or revocation of permit
   90H.    Surrender of permit
   90I.    Conditions of suspension, revocation or surrender
   90J.    Failure to comply with conditions
   90K.    Factors to be considered in making determinations regarding permits
   90L.    Appeals
   90M.    Date from which decision operates
   90N.    Regulations relating to consultation
   90O.    Interaction between permits and stop work and interim protection orders
   90P.    Validity of permits
   90Q.    Aboriginal Heritage Information Management System
   90R.    Certain Aboriginal heritage impact permit conditions to run with the land
   91.     (Renumbered)


           Division 1 - Stop work orders

   91AA.   Secretary may make stop work order
   91BB.   Prior notification of making of stop work order not required
   91CC.   Appeal to Minister
   91DD.   Extension of stop work order
   91EE.   Consultation about modification of proposed detrimental action
   91FF.   Order prevails over other instruments

           Division 2 - Interim protection orders

   91A.    Interim protection of areas having significant values
   91B.    Interim protection orders
   91C.    Notice of intention to make order not required
   91D.    Duration of interim protection order
   91E.    Revocation of interim protection order
   91F.    Notice of making of interim protection order
   91G.    Failure to comply with interim protection order
   91H.    Appeal against order
   91I.    Register of orders

           Division 3 - Remediation directions

   91IA.   Cessation of operation of Division
   91J.    Definitions
   91K.    Directions for remedial work relating to damage to land, habitat and plants and animals
   91L.    Directions for remedial work relating to harm to Aboriginal objects and places
   91M.    Persons to whom directions may be given
   91N.    Other ancillary actions that may be directed to be carried out
   91O.    Other person may carry out remediation work if failure to comply with direction
   91P.    Entry to land to carry out direction
   91Q.    Failure to comply with remediation direction
   91R.    Delay or obstruction of remediation direction
   91S.    Recovery by person given notice
   91T.    Appeals under this Division


           Division 1 - Preliminary

   92.     Definitions

           Division 2 - Establishment, functions and operation of Trust

   93.     Establishment of Trust
   94.     Status of Trust
   95.     Trust Board
   96.     Object of Trust
   97.     Functions of Trust
   98.     Powers of Trust
   99.     Staff of Trust
   100.    Delegation by Trust
   101.    Annual reports of Trust
   102.    Exemption from certain State taxes

           Division 3 - National Parks and Wildlife Conservation Public Fund

   103.    Definitions
   104.    Registration of Trust as environmental organisation
   105.    National Parks and Wildlife Conservation Public Fund
   106.    Transfer of assets on winding up
   107.    Regulations
           PARTS 8, 9 - (Repealed)


   137.    National Parks and Wildlife Fund
   138.    Payments into Fund
   139.    Payments out of Fund
   140.    Community service contribution
   141.    Payment of rates to Local Land Services in Western Division
   142.    Royalty
   143.    Charges and fees
   144.    (Repealed)
   144A.   Overdue community service contributions, charges, fees and other money
   144B.   Annual report


   145.    Acquisition of land for reservation or other purposes
   146.    Acquisition or occupation of lands for certain purposes
   147.    Application of Public Works Act 1912
   148.    Power of Minister to accept gifts
   149.    Disposal of property
   150.    Minister to be corporation sole for certain purposes


           Division 1 - Preliminary

   150A.   Definitions

           Division 2 - Granting of leases and licences

   151.    Leases and licences of reserved lands
   151A.   Purposes for which a lease or licence may be granted
   151AA.  (Repealed)
   151B.   Matters that Minister must consider before granting lease or licence
   151C.   Leases and licences subject to conditions
   151D.   Special provisions relating to leases and licences of karst conservation reserves
   151E.   Special provisions relating to leases and licences of Aboriginal land

           Division 3 - Miscellaneous

   151F.   Public consultation regarding grant of leases and licences
   151G.   Reference of certain proposed leases and licences for advice
   151H.   New head leases for certain lands
   151I.   Restrictions on grant of lease for residential accommodation
   151J.   Register of certain interests to be publicly available
   152.    Trade within certain reserved lands
   153.    Easements
   153A.   Leases etc relating to wilderness areas
   153B.   Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
   153C.   Easements, rights of way and licences for landlocked areas
   153D.   Leases, licences and easements for broadcasting or telecommunications facilities
   153E.   Easements to repair and maintain the Border Fence


   153F.   Definitions
   153G.   Assets of intergenerational significance
   153H.   Application of Planning Act
   153I.   Offence for harm to environmental or cultural value of declared land


   154.    Regulations
   155.    Regulations relating to parks
   155A.   Kosciuszko National Park
   156.    General provisions


   156A.   Offence of damaging reserved land
   156B.   Powers of authorised officers
   156C.   Exclusion of personal liability
   157.    Requirement to state name and address
   158.    Requirement for owner of motor vehicle and others to give information
   159.    Liability of vehicle owner for parking offences
   159A.   Liability of landholder for certain harming and picking offences
   159B.   Causing or permitting certain harming and picking offences
   160.    (Renumbered)
   160A.   Removal of unauthorised structures and occupiers
   160B.   Forfeiture of unauthorised structures and their contents
   160C.   Cost of removing structures and contents
   160D.   Notice to state interest in structure or contents
   160E.   Notice to remove structure
   160F.   Notice prohibiting use of structure
   161.    Restriction on release of certain information
           161A-162. (Repealed)
   163.    Application of Companion Animals Act 1998
   163A.   (Repealed)
   163B.   Application of certain Acts
   164.    Powers of entry and seizure
   165.    Persons to deliver up fauna etc when required
   166.    Definition of "article" for secs 164 and 165
   167.    Disposal of fauna and perishable goods when seized or delivered up
   168.    Disposal of property seized or delivered up
   169.    Impersonating, assaulting, resisting or obstructing an officer etc
   170.    Corruption
   171.    Authority to harm or pick
   172.    Police officers
   173.    (Repealed)
   174.    Service of notices
   175.    General offence and penalties
   175A.   Offences by directors or managers of corporations
   175B.   Liability of directors etc for offences by corporation--offences attracting executive liability
   175C.   Evidence as to state of mind of corporation
   176.    (Renumbered)
   176A.   (Renumbered)
   176B.   Ancillary offences
   176C.   Liability of directors etc for offences by corporation--accessory to the commission of the offences
   177.    (Repealed)
   178.    Recovery of charges
   179.    (Renumbered)
   180.    Continuance of authority
   181.    (Renumbered)
   182.    Morton National Park
   183.    Macquarie Pass National Park
   184.    Bouddi National Park
   184A.   TfNSW roads within Kosciuszko National Park
   185.    Catchment areas and special areas
   185A.   Special areas under the Hunter Water Act 1991
   186.    Requirement for examination
   187.    Administration of existing interests in reserved land
   188.    Administration of existing telecommunications interests
   188A.   General exemption for officers enforcing the Act or the regulations
   188B.   Non-application of section 138 of Roads Act 1993
   188C.   Adjustment of boundaries of reserved and acquired lands
   188D.   Provisions relating to certain existing access roads on National Park Estate lands
   188E.   Continuing effect of notices, directions and conditions of licences and permits
   188F.   Public register
   188G.   Public availability of register
   188H.   (Repealed)


           Division 1 - Proceedings for offences generally

   189.    Proceedings for offences
   190.    Time within which proceedings may be commenced
   191.    Authority to take proceedings

           Division 2 - General provisions

   192.    Penalty notice for certain offences
   193.    Restraint etc of breaches of Act or regulations
   194.    Sentencing--matters to be considered in imposing penalty
   195.    Continuing offences
   196.    Onus of proof of reasonable excuse or lawful excuse
   197.    Evidentiary provisions etc
   197A.   Approved cameras--offences relating to vehicles entering or using park
   197B.   Information obtained by approved cameras

           Division 3 - Court orders in connection with offences

   198.    Operation of Division
   199.    Orders generally
   200.    Orders for restoration and prevention
   201.    Orders for costs, expenses and compensation at time offence proved
   202.    Recovery of costs, expenses and compensation after offence proved
   203.    Orders regarding costs and expenses of investigation
   204.    Orders regarding monetary benefits
   205.    Additional orders
   206.    Offence
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 6 (Repealed)
           SCHEDULE 7
           SCHEDULE 8
           Schedule 8B (Repealed)
           SCHEDULE 9
           SCHEDULE 9A
           SCHEDULE 10
           Schedule 13 (Repealed)
           SCHEDULE 14
           SCHEDULE 14A
           SCHEDULE 15
           SCHEDULE 16

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