National Park Estate (Reservations) Act 2018

This Act is the National Park Estate (Reservations) Act 2018.

This Act commences on 1 January 2019.

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 2012 (or under the former Forestry Act 1916 or the former Forestry Act 1909) as a State forest, being a dedication that is in force.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

The dedication as State forest of the lands described in Schedules 1, 2 and 3 is revoked on 1 January 2019.

Any notices under section 18 of the Forestry Act 2012 (or 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 on the date the dedication is revoked, but only to the extent to which they relate to special management zones, or parts of special management zones, situated within the lands referred to in that subsection.

Any notices under section 16 of the Forestry Act 2012 (or 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 on the date the dedication is revoked, but only to the extent to which they relate to flora reserves, or parts of flora reserves, situated within the lands referred to in that subsection.

The lands described in Schedules 1 and 2 are, on the date their dedication as State forest is revoked by section 4, reserved under the National Parks and Wildlife Act 1974 as, or as part of, national park or state conservation area (as indicated in the relevant Schedule).

The lands described in Schedule 3 vest, on 1 January 2019, 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 description of any land in Schedules 1, 2 and 3 (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 setback 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.

Any adjustment of a description of land may include adding to a relevant Schedule a description of the land removed by the adjustment from the description of land in another relevant Schedule.

An adjustment of the description of land is to be made by the Environment Agency Head by a notice published on the NSW legislation website that amends a relevant Schedule.

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

the NPW Minister, and

to the extent that the notice relates to a State forest—the Minister administering the Forestry Act 2012, and

to the extent that the notice applies to Crown land or a Crown road—the Minister administering the Crown Land Management Act 2016, 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 Environment Agency Head is required to certify in any notice under this section that the adjustments effected by the notice will not result in 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 January 2022.

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 included is taken never to have been subject to or affected by the provisions of this Act applying to land described in the relevant Schedule.

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 is taken to have been subject, on and from the commencement of this Act, to the provisions of this Act applying to land described in the relevant Schedule.

The Environment Agency Head may, in a notice published under this section to adjust the boundary of land adjoining a public road, declare that:

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

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

A declaration under subsection (10) has effect despite anything to the contrary in the Roads Act 1993.

In this section:

appropriate setback, in relation to a carriageway of a road, includes a setback that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.

classified road and public road have the same meanings as they have in the Roads Act 1993.

Environment Agency Head means the Chief Executive of the Office of Environment and Heritage.

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

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 or any Act that amends this Act.

Any such provision has effect despite anything to the contrary in Schedule 4 (Land transfers—ancillary and special provisions). The regulations may make separate savings and transitional provisions or amend Schedule 4 to consolidate the savings and transitional provisions.

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned 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 on the NSW legislation website, 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.

An area of about 2,080 hectares, being part of Carrai State Forest No 909, dedicated by proclamation published in the NSW Government Gazette on 14 October 1949, and Extensions No 1 and No 5, dedicated on 28 April 1950 and 2 August 1985, respectively, in the Parishes of Clarke, Loch and Dudley, Counties of Dudley and Vernon, and being the land shown coloured pink on the diagram catalogued Misc R 00339 in the Office of Environment and Heritage, subject to any variations or exceptions noted on the diagram.

An area of about 120.6 hectares, being part of Yarrawa State Forest No 878, dedicated by proclamation published in the NSW Government Gazette on 26 February 1943, being the whole of Extension 1, dedicated on 11 November 1949, in the Parish of Yarrawa, County of Camden.

An area of about 1,144 hectares, being the whole of Mernot State Forest No 1047, dedicated by proclamation published in the NSW Government Gazette on 3 October 1986, being the whole of Extension 1, dedicated on 8 May 1987, in the Parish of Barnard, County of Hawes.