National Park Estate (Reservations) Act 2018

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:

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.