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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 138
Payments into Fund
138 Payments into Fund
(1) There shall be paid into the Fund-- (a) all money provided by Parliament
for the purposes of this Act (including money provided for the expenses
incurred or likely to be incurred by boards of management in connection with
the preparation of plans of management for, and the care, control and
management of, lands reserved or dedicated under Part 4A), the Wilderness Act
1987 or the Threatened Species Conservation Act 1995 (except any money
provided by Parliament for the purposes of the Biodiversity Banking Account or
Biobanking Trust Fund under Part 7A of the Threatened Species Conservation
Act 1995 ),
(a1) all money provided by Parliament for the management of any
land for which the National Parks and Wildlife Reserve Trust is the Crown land
manager,
(b) all money received in respect of-- (i) leases, licences, permits
or occupancies within a national park, historic site, state conservation area,
regional park, nature reserve, karst conservation reserve, Aboriginal area or
land for which the National Parks and Wildlife Reserve Trust is the Crown land
manager,
(ia) the creation of and dealing with carbon sequestration rights in
land acquired, reserved or dedicated under this Act,
(ii) leases and licences
granted under section 149 (4),
(iii) royalties, fees and charges under this
Act or the regulations, the Wilderness Act 1987 , the Snowy Mountains Cloud
Seeding Act 2004 or the Threatened Species Conservation Act 1995 or the
regulations made under those Acts, except those that are required to be paid
into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A
of the Threatened Species Conservation Act 1995 ,
(iiia) despite the
provisions of any other Act, royalties, fees and charges in respect of land
for which the National Parks and Wildlife Reserve Trust is the Crown land
manager,
(iv) franchises granted under section 152,
(v) easements or rights
of way granted under section 153,
(vi) community service contributions,
(vii) penalties recovered pursuant to this Act or the
Threatened Species Conservation Act 1995 or the regulations made under those
Acts, or (despite the provisions of any other Act) under another Act in
respect of land for which the National Parks and Wildlife Reserve Trust is the
Crown land manager, except penalties recovered pursuant to Part 7A of the
Threatened Species Conservation Act 1995 or the regulations under that Part,
(viii) property forfeited pursuant to this Act or the regulations,
(ix) costs
paid pursuant to an order under section 176 (3),
(x) amounts paid pursuant to
an order under section 177, and
(xi) policies of insurance under which money
is paid to the Minister or the Secretary with respect to any national park,
historic site, state conservation area, regional park, nature reserve,
karst conservation reserve or Aboriginal area, or any property in the custody
or under the control of the Secretary,
(b1) all money received in respect
of-- (i) rent paid by the Minister in respect of lands leased under Part 4A,
and
(ii) matters of a kind referred to in paragraph (b) in respect of those
lands,
(c) any money acquired by the Minister pursuant to section 148, except
money required to be paid into the Biodiversity Banking Account under Part 7A
of the Threatened Species Conservation Act 1995 ,
(d) any money received by
the Minister pursuant to section 149, except money required to be paid into
the Biodiversity Banking Account under Part 7A of the
Threatened Species Conservation Act 1995 ,
(e) any other money received in
connection with any national park, historic site, state conservation area,
regional park, nature reserve, karst conservation reserve or Aboriginal area
or any proposed national park, historic site, state conservation area,
regional park, nature reserve, karst conservation reserve or Aboriginal area,
(e1) any money received from the Sydney Catchment Authority in connection with
carrying out and giving effect to a plan of management adopted under the
Sydney Water Catchment Management Act 1998 ,
(e2) any money received by the
Secretary or a board of management in connection with an order of a court
under section 201, 203 or 204 of this Act or section 141J, 141L or 141M of the
Threatened Species Conservation Act 1995 ,
(f) any money received in
connection with any wildlife refuge or conservation area, and
(g) any other
money received in connection with the administration of this Act, the
Wilderness Act 1987 or the Threatened Species Conservation Act 1995 , other
than money received in the prescribed circumstances (if any) or money payable
into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A
of the Threatened Species Conservation Act 1995 .
(1A) Within the Fund there
is to be a separate account for each area of lands leased under Part 4A.
(1B)
Subject to subsections (2) and (3), any money paid into the Fund, including
rent paid by the Minister, in respect of an area of lands leased under Part 4A
is to be carried into the separate account in the Fund that relates to that
area.
(1C) Any money referred to in subsection (1B) may, pending its
application in accordance with this Act, be invested by the Minister with the
Treasurer or in any manner in which trustees are for the time being authorised
to invest trust funds.
(2) Where any money acquired by the Minister pursuant
to section 148 is subject to any condition to which the Minister has agreed,
the money shall be carried to a separate account in the Fund and shall be
applied in accordance with the condition.
(3) Any money referred to in
subsection (2) may, pending application in accordance with the condition so
referred to, be invested by the Minister with the Treasurer or in any manner
in which trustees are for the time being authorised to invest trust funds.
(4) A reference in subsection (1) (b) (i) or (e) to a regional park does not
include a reference to a regional park that is, or is proposed to be, under
the care, control and management of a local council.
(5) Money received in
connection with the administration of the biodiversity certification scheme
(including any fees paid under the scheme or any monetary contributions made
for the purposes of the scheme) is not to be paid into the National Parks and
Wildlife Fund.
(6) In this section--
"biodiversity certification scheme" means-- (a) the provisions of Part 7AA of
the Threatened Species Conservation Act 1995 and any regulations made for the
purposes of that Part, and
(b) the provisions of Parts 7 and 8 of Schedule 7
to that Act (which relate to biodiversity certification of environmental
planning instruments).
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