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This is a Bill, not an Act. For current law, see the Acts databases.
National Parks and Wildlife Legislation
Amendment (Reservations) Bill 2011
No , 2011
A Bill for
An Act to amend the National Parks and Wildlife Act 1974 to change the reservation
status of certain lands under that Act; to amend the National Park Estate
(South-Western Cypress Reservations) Act 2010 to delay the commencement of
certain reservations; and for other purposes.
Clause 1 National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the National Parks and Wildlife Legislation Amendment 3
(Reservations) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
Amendment of National Parks and Wildlife Act 1974 No 80 Schedule 1
Schedule 1 Amendment of National Parks and 1
Wildlife Act 1974 No 80 2
[1] Schedule 1 Recategorisation of reserved land 3
Omit "section 30A (1)" from clause 1 (1). 4
Insert instead "Division 1 of Part 4". 5
[2] Schedule 1, clause 1 (2) 6
Omit the subclause. Insert instead: 7
(2) A reference in this Act to the publication of a notice under 8
Division 1 of Part 4 is, in relation to a reservation of land effected 9
by this Schedule, taken to be a reference to the commencement of 10
the operation of the relevant provision of this Schedule that 11
effects the reservation of the land. 12
[3] Schedule 1, clause 1 (3) 13
Omit "referred to in section 30A (2)". 14
Insert instead "published under Division 1 of Part 4". 15
[4] Schedule 1, Part 3 16
Insert after Part 2: 17
Part 3 Recategorisation of land by National Parks 18
and Wildlife Legislation Amendment 19
(Reservations) Act 2011 20
10 Wianamatta Regional Park (part only) recategorisation 21
(1) This clause applies to an area of about 181.1 hectares of 22
Wianamatta Regional Park, being Lot 2, DP 1057347. 23
(2) The reservation under this Act of the land to which this clause 24
applies as part of a regional park is revoked and the land is 25
reserved as a nature reserve to be known as Wianamatta Nature 26
Reserve. 27
Page 3
National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
Schedule 1 Amendment of National Parks and Wildlife Act 1974 No 80
[5] Schedule 1A 1
Insert after Schedule 1: 2
Schedule 1A Reservation of land 3
Part 1 General provisions 4
1 Reservation of lands as national parks, nature reserves, state 5
conservation areas, regional parks, historic sites or Aboriginal 6
areas 7
(1) The lands reserved as, or as parts of, national parks, nature 8
reserves or state conservation areas, regional parks, historic sites 9
or Aboriginal areas by this Schedule are, for the purposes of this 10
Act and the Native Title (New South Wales) Act 1994, taken to 11
have been so reserved by notice published under Division 1 of 12
Part 4. 13
(2) A reference in this Act to the publication of a notice under 14
Division 1 of Part 4 is, in relation to a reservation of land effected 15
by this Schedule, taken to be a reference to the commencement of 16
the operation of the relevant provision of this Schedule that 17
effects the reservation of the land. 18
(3) A name assigned to any national park, nature reserve, state 19
conservation area, regional park, historic site or Aboriginal area 20
by this Schedule is taken to have been assigned to that land by a 21
notice published under Division 1 of Part 4. 22
(4) Section 35 (including section 35 as applied by section 58) and 23
sections 47D and 47R do not apply to a reservation of land as, or 24
as part of, a national park, nature reserve, state conservation area, 25
regional park or historic site that is effected by this Schedule. 26
Part 2 Reservation of part of Hunter Wetlands 27
National Park 28
2 Reservation of land as part of Hunter Wetlands National Park 29
(1) This clause applies to an area of about 22 hectares, being Lot 22, 30
DP 1150980. 31
(2) On the commencement of this clause, the land to which this 32
clause applies is reserved as part of Hunter Wetlands National 33
Park. 34
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National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
Amendment of National Parks and Wildlife Act 1974 No 80 Schedule 1
(3) The reservation is restricted to a depth of 50 metres below the 1
surface of the land. 2
[6] Schedule 2 Revocation of reservation or dedication of certain land 3
Insert at the end of the Schedule with appropriate Part and clause numbers: 4
Part Revocations under the National Parks and 5
Wildlife Legislation Amendment 6
(Reservations) Act 2011 7
Revocation of part of Hunter Wetlands National Park 8
(1) This clause applies to an area of about 18.5 hectares of Hunter 9
Wetlands National Park, being the land shown hatched black on 10
the diagram catalogued Misc R 00326 (Edition 1) in the Office of 11
Environment and Heritage, Department of Premier and Cabinet, 12
subject to any variations and exceptions noted on that diagram. 13
(2) The reservation under this Act as national park of land to which 14
this clause applies, being part of Hunter Wetlands National Park, 15
is revoked. 16
(3) On the revocation of the reservation as national park of land to 17
which this clause applies, the land is vested in the Minister on 18
behalf of the Crown for the purposes of Part 11 of this Act for an 19
estate in fee simple, freed and discharged from all trusts, 20
obligations, estates, interests, rights of way or other easements. 21
[7] Schedule 3 Savings, transitional and other provisions 22
Insert at the end of clause 1 (1): 23
National Parks and Wildlife Legislation Amendment 24
(Reservations) Act 2011 25
Page 5
National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
Schedule 2 Amendment of National Park Estate (South-Western Cypress Reservations)
Act 2010 No 112
Schedule 2 Amendment of National Park Estate 1
(South-Western Cypress Reservations) 2
Act 2010 No 112 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
relevant date means: 6
(a) in relation to land described in items 1 and 2 of 7
Schedule 2--1 January 2012, or 8
(b) in relation to land described in item 3 of Schedule 2-- 9
1 January 2014, or 10
(c) in relation to land described in item 4 of Schedule 2-- 11
1 January 2015. 12
[2] Section 4 Revocation of State forests 13
Omit "1 January 2012" from section 4 (1) (b). 14
Insert instead "the relevant date". 15
[3] Section 6 Reservation of former State forests as national park or nature 16
reserve on or after 1 January 2012 17
Omit "1 January 2012" wherever occurring in section 6 (1)-(3). 18
Insert instead "the relevant date". 19
[4] Section 13 Review of classification as state conservation area 20
Omit "2," from section 13 (1). 21
[5] Section 15 Adjustment of description of land transferred to national park 22
estate 23
Omit section 15 (6). Insert instead: 24
(6) An adjustment of the description of land may be made only 25
before: 26
(a) 1 January 2013, except as provided by paragraphs (b)-(d), 27
or 28
(b) 1 January 2014, in the case of an adjustment of the 29
description of land in item 1 or 2 of Schedule 2 or of the 30
boundary of any land adjoining a public road (other than 31
the boundary of any land described in item 3 or 4 of 32
Schedule 2), or 33
Page 6
National Parks and Wildlife Legislation Amendment (Reservations) Bill 2011
Amendment of National Park Estate (South-Western Cypress Reservations) Schedule 2
Act 2010 No 112
(c) 1 January 2016, in the case of an adjustment of the 1
description of land in item 3 of Schedule 2 or of the 2
boundary of any such land adjoining a public road, or 3
(d) 1 January 2017, in the case of an adjustment of the 4
description of land in item 4 of Schedule 2 or of the 5
boundary of any such land adjoining a public road. 6
[6] Section 19 Regulations 7
Insert "or the National Parks and Wildlife Legislation Amendment 8
(Reservations) Act 2011" after "this Act" in section 19 (2). 9
[7] Schedule 2, heading 10
Insert "or after" after "on". 11
[8] Schedule 8--Land transfers ancillary and special provisions 12
Omit "1 January 2012" wherever occurring in clauses 3 (2), 4 (b) and 5 (2)-(5) 13
and (8) (a). 14
Insert instead "the relevant date". 15
[9] Schedule 8, clause 5 (7) 16
Omit "1 January 2017 (in the case of reservations taking effect on 1 January 17
2012)". 18
Insert instead "the fifth anniversary of the relevant date (in the case of 19
reservations of land described in Schedule 2)". 20
Page 7
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