National Parks and Wildlife Act 1974

This Act may be cited as the National Parks and Wildlife Act 1974.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

The objects of this Act are as follows—

the conservation of nature, including, but not limited to, the conservation of—

habitat, ecosystems and ecosystem processes, and

biological diversity at the community, species and genetic levels, and

landforms of significance, including geological features and processes, and

landscapes and natural features of significance including wilderness and wild rivers,

the conservation of objects, places or features (including biological diversity) of cultural value within the landscape, including, but not limited to—

places, objects and features of significance to Aboriginal people, and

places of social value to the people of New South Wales, and

places of historic, architectural or scientific significance,

fostering public appreciation, understanding and enjoyment of nature and cultural heritage and their conservation,

providing for the management of land reserved under this Act in accordance with the management principles applicable for each type of reservation.

The objects of this Act are to be achieved by applying the principles of ecologically sustainable development.

In carrying out functions under this Act, the Minister, the Secretary and the Service are to give effect to the following—

the objects of this Act,

the public interest in the protection of the values for which land is reserved under this Act and the appropriate management of those lands.

This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

, (2) (Repealed)

Schedule 3 has effect.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

Aboriginal area means lands dedicated as an Aboriginal area under this Act.

Aboriginal heritage impact permit means a permit issued under Division 2 of Part 6.

Aboriginal object means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal owner board members, in relation to lands reserved or dedicated under Part 4A, means the Aboriginal owners who are members of the board of management for the lands.

Aboriginal owners has the same meaning as in the Aboriginal Land Rights Act 1983.

Note.

The term Aboriginal owners of land is defined in the Aboriginal Land Rights Act 1983 to mean the Aboriginal persons named as having a cultural association with the land in the Register of Aboriginal Owners kept under Division 3 of Part 9 of that Act.

Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983 and Aboriginal people has a corresponding meaning.

Aboriginal place means any place declared to be an Aboriginal place under section 84.

Aboriginal remains means the body or the remains of the body of a deceased Aboriginal person, but does not include—

a body or the remains of a body buried in a cemetery in which non-Aboriginal persons are also buried, or

a body or the remains of a body dealt with or to be dealt with in accordance with a law of the State relating to medical treatment or the examination, for forensic or other purposes, of the bodies of deceased persons.

Act of 1967 means the National Parks and Wildlife Act 1967.

adaptive reuse of a building or structure on land means the modification of the building or structure and its curtilage to suit an existing or proposed use, and that use of the building or structure, but only if—

the modification and use is carried out in a sustainable manner, and

the modification and use are not inconsistent with the conservation of the natural and cultural values of the land, and

in the case of a building or structure of cultural significance, the modification is compatible with the retention of the cultural significance of the building or structure.

advisory committee means an advisory committee constituted under this Act.

amphibian means any frog or other member of the class amphibia that is native to Australia and includes the eggs and the young thereof and the skin or any other part thereof.

animal means any animal, whether vertebrate or invertebrate, and at whatever stage of development, but does not include fish within the meaning of the Fisheries Management Act 1994 other than amphibians or aquatic or amphibious mammals or aquatic or amphibious reptiles.

approval includes a consent, licence or permission and any form of authorisation.

authorised officer means the Secretary or a person appointed as an authorised officer for the time being under section 156B.

bird means any bird that is native to, or is of a species that periodically or occasionally migrates to, Australia, and includes the eggs and the young thereof and the skin, feathers or any other part thereof.

board of management means a board of management established under Division 6 of Part 4A.

carbon sequestration right—see section 82A(2).

commencement day means the day appointed and notified under section 2 (2).

community service includes the supply, provision or maintenance of access roads, parking areas or mooring areas, an electricity, gas or water service and a sewerage or garbage disposal service.

conservation agreement means an agreement entered into under Division 12 of Part 4.

conservation area means land subject to a conservation agreement.

Council means the National Parks and Wildlife Advisory Council constituted under this Act.

Crown lands means—

Crown land within the meaning of the Crown Land Management Act 2016, and

those parts of the seabed and of the waters beneath which it is submerged that are within the territorial jurisdiction of New South Wales and not within the Eastern Division described in the Second Schedule to the Crown Lands Consolidation Act 1913 (as in force immediately before its repeal).

damage in relation to habitat (including critical habitat) includes damage by the removal or relocation of the habitat or a part of the habitat.

deal, in carbon sequestration rights, includes acquire, hold, sell or trade in the rights.

Department means the Department of Climate Change, Energy, the Environment and Water.

ecological community has the same meaning as in the Threatened Species Conservation Act 1995.

egg includes any part of an egg or eggshell.

endangered ecological community means an endangered or critically endangered ecological community within the meaning of the Threatened Species Conservation Act 1995.

endangered population means an endangered population within the meaning of the Threatened Species Conservation Act 1995.

endangered species means an endangered or critically endangered species within the meaning of the Threatened Species Conservation Act 1995.

exercise a function includes perform a duty.

ex-officio ranger means a person who, by the operation of section 16, is a ranger by virtue of the person’s office.

explosive means an explosive within the meaning of the Explosives Act 2003.

fauna means any mammal, bird, reptile or amphibian.

flora reserve means a flora reserve within the meaning of the Forestry Act 2012.

function includes a power, authority or duty.

Fund means the National Parks and Wildlife Fund referred to in section 137.

habitat includes habitat periodically or occasionally occupied by a species, population or ecological community.

harm an animal (including an animal of a threatened species, population or ecological community) includes hunt, shoot, poison, net, snare, spear, pursue, capture, trap, injure or kill, but does not include harm by changing the habitat of an animal.

harm an object or place includes any act or omission that—

destroys, defaces or damages the object or place, or

in relation to an object—moves the object from the land on which it had been situated, or

is specified by the regulations, or

causes or permits the object or place to be harmed in a manner referred to in paragraph (a), (b) or (c),

but does not include any act or omission that—

desecrates the object or place, or

is trivial or negligible, or

is excluded from this definition by the regulations.

historic site means lands reserved as a historic site under this Act.

honorary ranger means a person appointed as an honorary ranger under this Act.

interim protection order means an order made under Part 6A.

intertidal zone means the area between mean high water mark and mean low water mark.

karst conservation reserve means lands dedicated as a karst conservation reserve under this Act.

karst environment means an area of land, including subterranean land, that has developed in soluble rock through the processes of solution, abrasion or collapse, together with its associated bedrock, soil, water, gases and biodiversity.

lands of the Crown means lands vested in a Minister of the Crown or in a public authority.

mammal means any mammal, whether native, introduced or imported, and includes an aquatic or amphibious mammal, the eggs and the young of a mammal, and the skin or any other part of a mammal, but does not include any introduced or imported domestic mammal or any rat or mouse not native to Australia.

management principles, in relation to land reserved under this Act, means the management principles set out in Division 2 of Part 4 for the land.

minerals includes coal, shale and petroleum.

modified natural area means an area of land where the native vegetation cover has been substantially modified or removed by human activity (other than activity relating to bush fire management or wild fire) and that is identified in a plan of management as not being appropriate for or capable of restoration.

motor vehicle means a motor car, motor carriage, motor cycle or other apparatus propelled on land, snow or ice wholly or partly by volatile spirit, steam, gas, oil or electricity.

national park means lands reserved as a national park under this Act.

National Parks and Wildlife Conservation Trust means the National Parks and Wildlife Conservation Trust established under section 93.

National Parks and Wildlife Reserve Trust means the National Parks and Wildlife Reserve Trust as reconstituted by section 9 of the National Park Estate (Land Transfers) Act 1998.

national parks legislation means each of the following Acts and the regulations under those Acts—

this Act,

(Repealed)

Wilderness Act 1987,

Marine Estate Management Act 2014.

native plant means any tree, shrub, fern, creeper, vine, palm or plant that is native to Australia, and includes the flower and any other part thereof.

nature reserve means lands dedicated as a nature reserve under this Act.

officer of the Service means a person referred to in section 6.

owner, in relation to lands, includes every person who jointly or severally, whether at law or in equity—

is entitled to the lands for any estate of freehold in possession,

is a person to whom the Crown has lawfully contracted to sell the lands under the Crown Land Management Act 2016 or any other Act relating to the alienation of lands of the Crown, or

is entitled to receive, or is in receipt of, or if the lands were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession or otherwise.

pick a plant (including a native plant, a protected native plant and a plant that is of, or is part of, a threatened species, population or ecological community) includes gather, pluck, cut, pull up, destroy, poison, take, dig up, crush, trample, remove or injure the plant or any part of the plant.

plan of management means a plan of management under Part 5.

plant includes fungi and lichen.

population has the same meaning as in the Threatened Species Conservation Act 1995.

premises includes building, store, shop, tent, hut or other structure, or place, whether built upon or not, or any part thereof.

prescribed means prescribed by this Act or the regulations.

principles of ecologically sustainable development means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.

prohibited weapon means—

a gun, rifle, weapon or other article—

from which a bullet, shot or other hurtful thing or material may be discharged, whether by an explosive or by any other means whatever, or

that is designed to be used to discharge, whether by an explosive or by any other means whatever, a dart or other thing or material containing, coated or impregnated with a drug or other substance, for the purpose of tranquillising or immobilising an animal by means of the administration to the animal of the drug or other substance,

and any telescopic sight, silencer or other accessory attached to the gun, rifle, weapon or article,

any other weapon prescribed for the purposes of this paragraph, and

an article or device that, but for the absence of, or a defect in, some part thereof, or some obstruction therein, would be a gun, rifle, weapon or article referred to in paragraph (a) or a weapon prescribed for the purposes of paragraph (b).

prospect means search for any mineral by any means and carry out such works and remove such samples as may be necessary to test the mineral bearing qualities of land.

protected fauna means a protected animal within the meaning of the Biodiversity Conservation Act 2016.

protected native plant means a native plant of a species named or referred to in Schedule 13.

public authority means a public or local authority constituted by or under an Act, a Public Service agency or a statutory body representing the Crown.

public register means the public register kept under section 188F.

regional advisory committee means an advisory committee constituted under section 24 (2).

regional park means land reserved as a regional park under this Act.

regional park trust means a regional park trust established under section 47S.

registered native title claimant has the same meaning as it has in the Native Title Act 1993 of the Commonwealth.

regulations means regulations under this Act.

reptile means a snake, lizard, crocodile, tortoise, turtle or other member of the class reptilia (whether native, introduced or imported), and includes the eggs and the young thereof and the skin or any other part thereof.

Secretary means the Secretary of the Department.

sell includes—

auction, barter, exchange or supply,

offer, expose, supply or receive for sale,

send, forward or deliver for sale or on sale,

dispose of under a hire-purchase agreement,

cause, permit or suffer the doing of an act referred to in paragraph (a), (b), (c) or (d),

offer or attempt to do an act so referred to,

cause, permit or suffer to be sold,

attempt to sell or offer to sell, or

have in possession for sale.

Service means the National Parks and Wildlife Service as referred to in section 6.

skin, in relation to fauna, means the whole or part of the integument of any fauna, whether dressed or tanned or otherwise processed, but does not include any manufactured article.

species has the same meaning as in the Threatened Species Conservation Act 1995.

specified, in relation to a licence or other instrument under this Act, means specified in the licence or other instrument.

state conservation area means land reserved as a state conservation area under this Act.

state conservation area trust means a state conservation area trust established under section 47GA in respect of Cape Byron State Conservation Area.

State forest means a State forest within the meaning of the Forestry Act 2012.

sustainable, in relation to visitor or tourist use and enjoyment of land, means sustainable within the meaning of the principles of ecologically sustainable development.

threatened species has the same meaning as in the Threatened Species Conservation Act 1995.

threatened species, populations and ecological communities and threatened species, population or ecological community have the same meanings as in the Threatened Species Conservation Act 1995.

threatening process has the same meaning as in the Threatened Species Conservation Act 1995.

timber reserve means a timber reserve within the meaning of the Forestry Act 2012.

trust board means a trust board established under—

section 47GB in respect of a state conservation area trust, or

section 47T in respect of a regional park trust.

vehicle includes—

a boat or other object that, while floating on water or submerged, whether wholly or partly, under water, is wholly or partly used for the conveyance of persons or things,

an apparatus that, while propelled, or directed or controlled, in the air by human or mechanical power or by the wind, is wholly or partly used for the conveyance of persons or things,

a motor vehicle,

an apparatus propelled, or directed or controlled, upon land, snow or ice by human or animal power or by the wind, and

a trailer or caravan, whether or not it is in the course of being towed.

wild, in relation to any species of fauna, means not domesticated.

wild river means a river declared to be a wild river under this Act.

wilderness area means land (including subterranean land) that is reserved under this Act and is declared to be a wilderness area under the Wilderness Act 1987.

wilderness protection agreement has the same meaning as it has in the Wilderness Act 1987.

wildlife means fauna and native plants.

wildlife refuge means lands declared to be a wildlife refuge under this Act.

world heritage property means property of outstanding universal value that is inscribed on the World Heritage List under Article 11 of the Convention for the Protection of the World Cultural and Natural Heritage done at Paris on 23 November 1972, as in force in Australia.

world heritage values means natural, heritage and cultural values contained in a world heritage property that are of outstanding universal value as described by the Convention for the Protection of the World Cultural and Natural Heritage done at Paris on 23 November 1972, as in force in Australia.

Note.

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

In this Act, a reference to the Minister administering the Crown Land Management Act 2016 is—

in relation to lands that are not within an area that was an irrigation area within the meaning of the Crown Lands Act 1989 immediately before its repeal—a reference to the Minister administering the Crown Land Management Act 2016, or

in relation to lands that are within such an irrigation area—a reference to the Minister administering the Water Management Act 2000.

In this Act, a reference to a person convicted of an offence includes a reference to a person in respect of whom an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 is made after the commencement of this subsection.

, (4) (Repealed)

In this Act, a reference to sustainable visitor or tourist use and enjoyment includes a reference to appropriate public recreation.

Nothing in this Act shall be construed as operating to affect the law from time to time in force with respect to the navigation of the waters referred to in paragraph (b) of the definition of Crown lands in subsection (1).

Before a regulation is made under paragraph (c) or (g) of the definition of harm in subsection (1), the Minister is required to ensure, as far as is reasonably practicable, that—

a notice is to be published in a daily newspaper circulating throughout New South Wales—

stating the objects of the proposed regulation, and

advising where a copy of the regulation may be obtained or inspected, and

inviting comments and submissions within a specified time, but not less than 28 days from publication of the notice, and

consultation is to take place with the Aboriginal Cultural Heritage Advisory Committee, and

all the comments and submissions received are to be appropriately considered.

Notes in the text of this Act do not form part of this Act.

The National Parks and Wildlife Service consists of the following—

the Secretary,

that part of the Department that is principally involved in the administration of the national parks legislation,

the persons in respect of whom any arrangements under section 11 are for the time being in force.

The Secretary is to consider, and may investigate, proposals for the addition of areas to any land reserved under Part 4 or for the reservation of any new areas under Part 4.

When considering or investigating any such proposal, the Secretary is to have regard to the following—

the desirability of protecting the full range of natural heritage and the maintenance of natural processes,

whether the proposal is consistent with the establishment of a comprehensive, adequate and representative reserve system,

the desirability of protecting cultural heritage,

providing opportunities for appropriate public appreciation and understanding, and sustainable visitor or tourist use and enjoyment, of land reserved under this Act,

the opportunities for promoting the integration of the management of natural and cultural values,

the desirability of protecting wilderness values,

the objects of this Act,

the desirability of protecting world heritage properties and world heritage values.

–(2A) (Repealed)

The Secretary shall in the case of every national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve and Aboriginal area—

promote such educational activities as the Secretary considers necessary in respect thereof,

arrange for the carrying out of such works as the Secretary considers necessary for or in connection with the management and maintenance thereof, and

undertake such scientific research as the Secretary considers necessary for or in connection with the preservation, protection, management and use thereof.

The Secretary may promote such educational activities, and undertake such scientific research, in respect of Aboriginal objects and Aboriginal places as the Secretary thinks fit, either separately or in conjunction with other persons or bodies.

The Secretary is to promote opportunities for partnerships and agreements between Aboriginal people and land owners and managers in relation to places, objects and features of significance to Aboriginal people (whether on land reserved or acquired under this Act or not).

As soon as practicable after an Aboriginal object is discovered on any land reserved under this Act, the Secretary, after such consultation with the Australian Museum Trust as appears necessary or expedient, is required to assess the scientific importance of the Aboriginal object.

The Secretary may consider and investigate proposals in relation to existing or proposed Aboriginal places, wilderness areas, wild rivers, wildlife refuges and interim protection orders.

The Secretary may—

consider and investigate proposals in relation to existing or proposed conservation areas,

enter into negotiations on behalf of the Minister in relation to existing or proposed conservation areas, and

in the case of every conservation area, but subject to the terms of the conservation agreement concerned—

promote such educational activities as the Secretary considers necessary in respect of the area,

arrange for the carrying out of such works as the Secretary considers necessary for or in connection with the management and maintenance of the area,

undertake such scientific research as the Secretary considers necessary for or in connection with the preservation, protection, management and use of the area, and

take such other action as the Secretary considers necessary for or in connection with the carrying out of directions by the Minister relating to existing or proposed conservation agreements.

The Secretary—

may promote such educational activities as the Secretary considers necessary to awaken and maintain an appreciation of the value of and the need to conserve animal and plant life, including to conserve threatened species, populations and ecological communities, and their habitats,

may enter into arrangements for the carrying out of such works as the Secretary considers necessary for or in connection with the protection and care of fauna and the protection of native plants,

may undertake such scientific research as the Secretary considers necessary for or in connection with the preservation, protection and care of fauna and the protection of native plants and other flora, either separately or in conjunction with other persons or bodies, and

shall co-operate with the Crown land managers of any dedicated or reserved Crown land under the Crown Land Management Act 2016 in connection with—

the preservation of, the protection and care of, and the promotion of the study of, fauna, and

the protection of, and the promotion of the study of, native plants and other flora,

and generally shall co-operate with any other persons or bodies in the establishment, care and development of areas of lands set apart for the conservation and preservation of wildlife.

The Secretary may promote such educational activities as the Secretary considers necessary for the instruction and training of ex-officio rangers, honorary rangers and prospective honorary rangers.

Without affecting the generality of any other provision of this Act conferring powers on the Secretary, the Secretary may make and enter into contracts with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise or performance by the Secretary or the Service of the Secretary’s or its responsibilities, powers, authorities, duties or functions conferred or imposed by or under this or any other Act.

The Secretary shall, in the exercise and discharge of the powers, authorities, duties and functions conferred or imposed on the Secretary by or under this or any other Act, be subject to the control and direction of the Minister.

, (12) (Repealed)

The Minister is to establish an Audit and Compliance Committee to oversee the compliance of the Secretary with his or her obligations under this or any other Act.

The Minister may also request the Audit and Compliance Committee to oversee the investigation of any matter relating to the Secretary’s obligations under this or any other Act.

The Audit and Compliance Committee has such other functions as may be conferred or imposed on it by this or any other Act.

The Audit and Compliance Committee may request the Secretary to provide any document or information in the Secretary’s possession to assist the Committee in the exercise of its functions. The Secretary must, unless the Minister directs otherwise, provide such documents or information to the Committee.

The members of the Committee are to comprise the Secretary (or the Secretary’s delegate) and the following members appointed by the Minister—

1 member of the Council,

(Repealed)

1 member with expertise in the protection of natural or cultural heritage who is not a person employed in the Public Service,

1 member with scientific qualifications and expertise in nature conservation, not being an officer of the Service,

1 member with legal or financial experience and expertise, not being a person employed in the Public Service,

2 officers of the Service.

The members of the Committee referred to in subsection (4) (a), (c), (d) and (e) are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of the member.

An appointed member of the Committee holds office for such period, and on such terms, as are specified in the member’s instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.

The Audit and Compliance Committee is to report to the Minister at least every 2 years from the commencement of this section.