NATIONAL PARKS AND WILDLIFE ACT 1974

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 9 August 2024
- Act 80 of 1974

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

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

PART 2 - ADMINISTRATION

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 (Repealed)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Division 2 - (Repealed)
None

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

PART 3 - COUNCIL AND COMMITTEES

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

PART 4 - RESERVATION OF LAND

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 (Repealed)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 (Repealed)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 (Repealed)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)
None

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

PART 4A - ABORIGINAL LAND

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

PART 5 - PLANS OF MANAGEMENT

71BO. Definitions
72. Preparation of plans of management
72AA. Matters to consider in preparing plans of management
72AB. 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. Plans of management affecting fisheries and marine estates
81. Operations under plan of management
81A. Leases, licences and easements subject to plan of management
82. Concurrence of Forestry Corporation

PART 5A - MINISTER MAY CREATE AND DEAL WITH CARBON SEQUESTRATION RIGHTS

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

PART 6 - ABORIGINAL OBJECTS AND ABORIGINAL PLACES

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)

PART 6A - STOP WORK ORDERS, INTERIM PROTECTION ORDERS AND REMEDIATION DIRECTIONS

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

PART 7 - NATIONAL PARKS AND WILDLIFE CONSERVATION TRUST

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 reporting information for 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

Division 4 - National Parks and Wildlife Conservation Operating Fund

108. National Parks and Wildlife Conservation Operating Fund
109. Payments into Operating Fund
110. Payments out of Operating Fund
PARTS 8, 9 - (Repealed)
None

PART 10 - FINANCE

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 reporting information for Service

PART 11 - ACQUISITION AND DISPOSAL OF PROPERTY

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

PART 12 - LEASES, LICENCES, EASEMENTS ETC

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

PART 12A - ASSETS OF INTERGENERATIONAL SIGNIFICANCE

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

PART 13 - REGULATIONS

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

PART 14 - MISCELLANEOUS

156A. Offence of damaging reserved land
156B. Powers of authorised officers
156C. Personal liability of statutory officers and other officials
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. Offences for impersonating, assaulting or obstructing officers
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)

PART 15 - CRIMINAL AND OTHER PROCEEDINGS

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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback