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National Parks and Wildlife Regulation 2019 Regulatory impact statement Proposed National Parks and Wildlife Regulation 2019 environment.nsw.gov.au © 2019 State of NSW and Office of Environment and Heritage With the exception of photographs, the State of NSW and Office of Environment and Heritage are pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs. The Office of Environment and Heritage (OEH) has compiled this report in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. Readers should seek appropriate advice when applying the information to their specific needs. All content in this publication is owned by OEH and is protected by Crown Copyright, unless credited otherwise. It is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0), subject to the exemptions contained in the licence. The legal code for the licence is available at Creative Commons. OEH asserts the right to be attributed as author of the original material in the following manner: © State of New South Wales and Office of Environment and Heritage 2019. Cover photo: Bittangabee Bay. John Spencer/OEH Published by: Office of Environment and Heritage 59 Goulburn Street, Sydney NSW 2000 PO Box A290, Sydney South NSW 1232 Phone: +61 2 9995 5000 (switchboard) Phone: 1300 361 967 (OEH and national parks enquiries) TTY users: phone 133 677, then ask for 1300 361 967 Speak and listen users: phone 1300 555 727, then ask for 1300 361 967 Email: [email protected] Website: www.environment.nsw.gov.au Report pollution and environmental incidents Environment Line: 131 555 (NSW only) or [email protected] See also www.environment.nsw.gov.au ISBN 978-1-925974-14-0 OEH 2019/0247 June 2019 Find out more about your environment at: www.environment.nsw.gov.au Contents 1. Executive Summary 1 1.1 Why does the Regulation need to be remade? 1 2. Public consultation on the proposed Regulation 2 2.1 Have your say 2 2.2 What will happen with the submissions? 2 2.3 Commencement of the Regulation 2 3. Background 3 3.1 Park management in NSW 3 3.2 Park legislation 3 4. Assessment of options to achieve objectives 5 4.1 4.1 Option 1 – Remake the Regulation with minor amendments (the proposed Regulation) 5 4.2 Option 2 – Remake the Regulation without amendments 6 4.3 Option 3 – Allow the Regulation to lapse 7 5. Discussion of the proposed Regulation and amendments 8 5.1 Preliminary (Part 1) 8 5.2 Regulation of use of parks (Part 2) 8 5.3 Licences and certificates (Part 5) 9 5.4 Fauna protection (Part 6) 9 5.5 Exemptions in favour of Aboriginal people (Part 7) 10 5.6 Aboriginal objects and Aboriginal places (Part 8A) 10 5.7 Miscellaneous (Part 12) 10 5.8 Schedules 10 Appendix 1 – List of stakeholders to be notified of public consultation 11 Aboriginal joint management stakeholders 11 Advisory bodies 12 Conservation 12 Recreation and other interest groups 12 NSW agencies 12 Other 13 Appendix 2 – Table of proposed amendments for the National Parks and Wildlife Regulation 2019 14 iii Appendix 3 – Potential adverse impacts if the existing Regulation is allowed to lapse 18 Regulation of use of parks (Part 2) 18 Public health in Kosciuszko National Park (Part 3) 18 Licences and certifications (Part 5) 18 Exemptions in favour of Aboriginal people (Part 7) 19 Aboriginal land (Part 8) 19 Aboriginal objects and Aboriginal places (Part 8A) 19 Advisory committees (Part 9) and Trustees (Part 10) 19 Penalty notices (Part 11) 19 Miscellaneous (Part 12) 19 iv Regulatory Impact Statement Proposed National Parks and Wildlife Regulation 2019 1. Executive Summary The National Parks and Wildlife Service (NPWS) is responsible for the day-to-day operational management of national parks and reserves in New South Wales. There are two key statutory instruments enabling NPWS to do this – the National Parks and Wildlife Act 1974 (NPW Act) and the National Parks and Wildlife Regulation 2009. The National Parks and Wildlife Regulation 2009 (the existing Regulation) is the principal statutory rule made under the NPW Act. The role of the existing Regulation is to assist in achieving the objectives of the NPW Act, which are focused on the conservation of biodiversity and cultural heritage values in national parks and reserves, promoting public understanding and enjoyment of these values, and ensuring appropriate management of land reserved under the NPW Act. The existing Regulation contains detailed provisions to support the NPW Act, specifically the protection of native plants and animals in NSW, cultural heritage, and providing a safe environment in which park visitors can sustainably undertake recreational, educational, scientific, commercial and cultural activities. The existing Regulation contains powers that enable NPWS to manage national parks and other areas reserved under the NPW Act, including visitor activities, littering, offensive conduct and the lighting of fires. This regulatory impact statement (RIS) has been prepared to support the 2019 remake of the National Parks and Wildlife Regulation. The issues canvassed in this RIS do not represent the final Government position on the amendments but provide an opportunity for interested parties to review it and provide comments and suggestions. This RIS sets out the objectives and rationale of the proposed National Parks and Wildlife Regulation 2019 (the proposed Regulation). It considers three options for achieving those objectives as well as an assessment of the costs and benefits of each option. Based on the matters addressed in this RIS, it is considered that the making of the proposed Regulation is the best option available to support implementation of the NPW Act. The proposed Regulation should have minimal impact on individuals and the community. Any impacts are proportional to achieving the necessary objectives of the Regulation. The proposed Regulation will impose little, if any, additional impact upon businesses or economic activity compared to the existing Regulation. 1.1 Why does the Regulation need to be remade? The existing Regulation is being remade as part of the staged repeal of statutory rules required under the Subordinate Legislation Act 1989. The repeal of the existing Regulation is due on 1 September 2019. The review of the existing Regulation is intended to ensure the regulation is up to date, meets the Government’s better regulation principles, is in plain English, and reduces red tape wherever possible. The changes in the proposed Regulation are minor or machinery in nature and do not represent a major new regulatory initiative. It is proposed to update the existing Regulation to provide clarity on certain aspects of park management and to remove duplication of provisions now covered by the Biodiversity Conservation Act 2016. 1 Regulatory Impact Statement Proposed National Parks and Wildlife Regulation 2019 2. Public consultation on the proposed Regulation 2.1 Have your say The proposed Regulation and this RIS are available for public comment. They are available for download at the Office of Environment and Heritage’s (OEH) National Parks and Wildlife Regulations 2019 consultation webpage. A notice calling for submissions from the public will be published in the NSW Government Gazette and major metropolitan and regional newspapers in NSW. Information on the consultation process has been distributed to the key stakeholders listed in Appendix 1. Submissions are welcomed from all interested parties. All matters raised will be carefully considered and any necessary amendments made to the proposed Regulation. The proposed Regulation will be finalised and published on the NSW Legislation website to enable it to commence on 1 September 2019. Making a submission Comments and suggestions may be provided on individual matters or on the proposed Regulation as a whole. If commenting on a specific matter, please refer to the clause number in the proposed Regulation. You can provide your submission in either of the following ways: • Make a submission online via the National Parks and Wildlife Regulations 2019 consultation webpage. • Post your written submission to: National Parks and Wildlife Regulation Review Parks Policy Team, Strategy & Coordination Branch NSW National Parks & Wildlife Service PO Box 1967 HURSTVILLE BC NSW 1481 The closing date for submissions is Friday 19 July 2019. 2.2 What will happen with the submissions? NPWS will review the submissions received and the proposed Regulation may be amended. All submissions received will be publicly available. If you wish all or part of your submission to be treated as confidential, or your personal details to remain anonymous, please clearly state this in your submission. 2.3 Commencement of the Regulation After the Regulation is finalised, it will be submitted to the Governor for approval. Once approved by the Governor, the Regulation will be published on the NSW Government legislation website and in the NSW Government Gazette. The finalised Regulation will commence on 1 September 2019. 2 Regulatory Impact Statement Proposed National Parks and Wildlife Regulation 2019 3. Background 3.1 Park management in NSW
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