New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 68
Wildlife refuges
(1) Subject to this section, the Governor may, by proclamation published in
the Gazette, declare any lands described in the proclamation to be a
wildlife refuge.
(2) Lands within a wildlife refuge shall be deemed to be
dedicated for the purposes of-- (a) preserving, conserving, propagating and
studying wildlife,
(b) conserving and studying natural environments, and
(c)
creating simulated natural environments.
(3) A proclamation under subsection
(1)-- (a) shall not be made-- (i) where the lands are unoccupied
Crown lands--without the consent of the Minister administering the
Crown Land Management Act 2016 ,
(ii) where the lands are occupied
Crown lands--without the consent of that Minister, the holder and the
occupier,
(iii) where the lands are not Crown lands and are not within a
State forest--without the consent of the owner and the occupier, or
(iv)
where the lands are within a State forest--without the consent of the Forestry
Corporation, and
(b) may be revoked at any time, and may be varied or amended
with the consent of, and shall be revoked at the request of, any person whose
consent would, if the lands were, for the time being, not a wildlife refuge,
be required for their declaration as such a refuge.
(4) A person who is a
holder or occupier of Crown lands shall be deemed, for the purposes of this
section, to have given his or her consent, referred to in subsection (3), if,
within thirty days of being given notice that his or her consent is sought,
the person does not inform the Minister or Secretary that the person gives or
withholds his or her consent.
(5) A proclamation under this section may be
made so as-- (a) to relate to one or more wildlife refuges specified therein,
and
(b) to apply differently according to such factors as may be specified
therein.
(6) A revocation, variation or amendment referred to in subsection
(3) (b) shall be effected by proclamation of the Governor published in the
Gazette.
(7) Where the consent of the Forestry Corporation is required under
this section, the consent shall not be given without the approval of the
Minister administering the Forestry Act 2012 .
(8) The Secretary shall
forward a copy of a proclamation under this section to the Valuer-General as
soon as practicable after the proclamation is published in the Gazette.
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