National Park Estate (Reservations) Act 2003

This Act is the National Park Estate (Reservations) Act 2003.

This Act commences on 1 July 2003.

In this Act:

NPW Minister means the Minister administering Divisions 1 and 2 of Part 4 of the National Parks and Wildlife Act 1974.

State forest means land dedicated under the Forestry Act 1916 (or under the former Forestry Act 1909) as a State forest, being a dedication that is in force.

The dedication as State forest of the following lands is revoked:

lands described in Schedule 1,

subject to section 6, lands described in Schedule 2,

lands described in Schedule 3.

Any notices under section 25A of the Forestry Act 1916 that set apart, as flora reserves, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to flora reserves situated (or partly situated) within the lands referred to in that subsection.

Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to special management zones situated (or partly situated) within the lands referred to in that subsection.

Any notifications under section 19A of the Forestry Act 1916 that declare, as national forests, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to national forests or parts of national forests situated within the lands referred to in that subsection.

The lands described in Schedule 1 and (subject to section 6) Schedule 2 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, the following (as indicated in that Schedule):

national parks,

nature reserves,

state conservation areas.

This section does not apply to any land described in Schedule 1 or 2 that is also described in Schedule 3.

In this section:

delayed transfer date, in relation to any land described in Schedule 2, means:

1 July 2006, except as provided by paragraph (b), or

such earlier date as is appointed by proclamation in relation to the land.

The reservation of land by section 5 does not have effect in relation to any land described in Schedule 2 until the delayed transfer date.

The revocation of a dedication, notice or notification by section 4 does not have effect in relation to any land described in Schedule 2 until the delayed transfer date.

Land described in Schedule 2 cannot be disposed of or leased under the Forestry Act 1916 before the delayed transfer date.

The following licences and permits cannot be issued in respect of land described in Schedule 2 before the delayed transfer date, without the approval of the Director-General of National Parks and Wildlife:

a products licence under section 27B of the Forestry Act 1916,

a forest materials licence under section 27C of the Forestry Act 1916,

a grazing permit under section 31 of the Forestry Act 1916,

an occupation permit under section 31 of the Forestry Act 1916,

a special purposes permit under section 32F of the Forestry Act 1916.

This section has effect despite anything to the contrary in this or any other Act.

The lands described in Schedule 3 vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:

all trusts, obligations, estates, interests, rights of way or other easements, and

any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.

Despite subsection (1), the lands described in Schedule 3 are not freed and discharged from any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind) to which the lands were subject immediately before their vesting under this section.

The lands described in Schedule 4 that are within State forests are declared to be special management zones under section 21A of the Forestry Act 1916.

This section does not apply to any lands described in Schedule 4 that are within any areas of State forests whose dedication is revoked by this Act.

The description of any land in Schedule 1, 2, 3 or 4 (a relevant Schedule) may be adjusted in accordance with this section.

A description of land may be adjusted from time to time:

to alter the boundaries of the land for the purposes of the effective management of national park estate land and State forest land, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or

to adjust the boundary of any land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the road, or

to include, remove or change a description of any easement or restriction to which the land is subject, or

to provide a more detailed description of the boundaries of the land.

An adjustment of the description of land is to be made by the Director-General of National Parks and Wildlife by a notice published on the NSW legislation website that amends a relevant Schedule.

A notice under this section may only be published with the approval of:

the NPW Minister, and

the Minister administering the Forestry Act 1916, and

to the extent that the notice applies to a classified road—the Minister administering the provisions of the Roads Act 1993 relating to classified roads.

The Director-General of National Parks and Wildlife is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.

An adjustment of the description of land may only be made before:

1 July 2004, except as provided by paragraph (b), or

1 July 2008, in the case of an adjustment of the description of land in Schedule 3 or of the boundary of land adjoining a public road.

If any of the land described in a relevant Schedule on the commencement of this Act is not included in the adjusted description of the land, the land that is not so included is taken never to have been subject to or affected by this Act or the relevant Schedule (except as provided by subsection (9)).

If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of this Act, the land concerned is taken to have been subject to this Act and the relevant Schedule on the commencement of this Act.

The Director-General of National Parks and Wildlife may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:

any such land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993 or is Crown land, or

any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applicable to the relevant Schedule to this Act in which the land is included.

A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993.

In this section:

land adjoining a public road includes land in the vicinity of a public road.

national park estate land means:

land reserved under the National Parks and Wildlife Act 1974, or

land dedicated or set apart as a flora reserve under the Forestry Act 1916, or

land declared as a special management zone under the Forestry Act 1916, or

land vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974.

public road or classified road means a public road or classified road, respectively, within the meaning of the Roads Act 1993.

Schedule 5 has effect.

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

Any such provision may, if the regulations so provide, take effect from the commencement of this Act or a later date.

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.