NSW Legislation Website, and Is Certified As the Form of That Legislation That Is Correct Under Section 45C of the Interpretation Act 1987
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National Parks and Wildlife Act 1974 No 80 New South Wales Status information Currency of version Current version for 26 October 2018 to date (accessed 29 June 2019 at 00:56) Legislation on this site is usually updated within 3 working days after a change to the legislation. Provisions in force The provisions displayed in this version of the legislation have all commenced. See Historical Notes Does not include amendments by: Licensing and Registration (Uniform Procedures) Act 2002 No 28 (amended by Statute Law (Miscellaneous Provisions) Act 2008 No 62 and National Parks and Wildlife Amendment Act 2010 No 38) (not commenced) Government Sector Finance Legislation (Repeal and Amendment) Act 2018 No 70 (not commenced) Responsible Minister Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts, Division 3 of Part 3 and Parts 6 and 6A, jointly with the Minister for Energy and Environment; remainder, Minister for Energy and Environment Authorisation This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987. File last modified 25 February 2019. Published by NSW Parliamentary Counsel’s Office on www.legislation.nsw.gov.au Page 1 of 300 National Parks and Wildlife Act 1974 No 80 [NSW] National Parks and Wildlife Act 1974 No 80 New South Wales Contents Long title Part 1 Preliminary 1 Name of Act 2 Commencement 2A Objects of Act 3 Act binds Crown 4 Repeals, amendments, savings, transitional and other provisions 5 Definitions 5A Notes in text Part 2 Administration Division 1 National Parks and Wildlife Service 6 The Service 7 Functions of Chief Executive relating to reservation of land 8 Miscellaneous functions of Chief Executive 9 Audit and compliance 10 (Repealed) 11 Use of services of personnel of public authorities 12 Powers and functions of Service Division 2 13–15 (Repealed) Division 3 Ex-officio and honorary rangers 16 Ex-officio rangers 17 Honorary rangers 18 Removal or suspension of ex-officio and honorary rangers 19 Powers and functions of ex-officio rangers 20 Powers and functions of honorary rangers Division 4 Delegation 21 Delegation Current version for 26 October 2018 to date (accessed 29 June 2019 at 00:56) Page 2 of 300 National Parks and Wildlife Act 1974 No 80 [NSW] Part 3 Council and committees Division 1 National Parks and Wildlife Advisory Council 22 The Council 23 Functions and duties of Council Division 2 Advisory committees 24 Constitution of advisory committees 25 Functions of advisory committees 26 Dissolution of advisory committees Division 3 Aboriginal Cultural Heritage Advisory Committee 27 Aboriginal Cultural Heritage Advisory Committee 28 Functions of Committee Division 4 Karst Management Advisory Committee 29 Constitution of Karst Management Advisory Committee 30 Function of Karst Management Advisory Committee Part 4 Reservation of land Division 1 Reservation of land 30A Governor may reserve certain land 30B Land that may be reserved under this Division 30C Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area 30D Limitation on reservation of land as state conservation area Division 2 Management principles 30E National parks 30F Historic sites 30G State conservation areas 30H Regional parks 30I Karst conservation reserves 30J Nature reserves 30K Aboriginal areas Division 3 National parks and historic sites 31 Care, control and management of parks and sites 32 (Repealed) 33 Reservation of parks and sites 34 (Repealed) 35 Tabling of notice of reservation, and disallowance 36 (Repealed) 37 Revocation or compulsory acquisition of park or site 38 Limitation on use of name “national park” 39 Existing interests Current version for 26 October 2018 to date (accessed 29 June 2019 at 00:56) Page 3 of 300 National Parks and Wildlife Act 1974 No 80 [NSW] 40 Restrictions on disposal of or dealing with lands within parks or sites 41 Mining 42 Application of Forestry Act 2012 43 Application of Soil Conservation Act 1938 44 Application of Fisheries Management Act 1994 45 Provisions respecting animals in parks and sites 46 Transfer of rights, liabilities and property 47 (Repealed) Division 4 State conservation areas 47A Definition 47B Reservation of state conservation areas 47BA (Repealed) 47C Care, control and management of state conservation areas reserved under Part 4A 47D Tabling of notification of reservation, and disallowance 47E, 47F (Repealed) 47G Limitation on use of expression “state conservation area” 47GA State conservation area trusts for certain state conservation areas 47GB State conservation area trust boards 47GC (Repealed) 47GD Reports by state conservation area trusts 47GE Inspection of state conservation area trust 47GF Removal of trust board members and appointment of administrator 47GG Dissolution of state conservation area trusts 47H Existing interests 47I Restrictions on dealing with land in state conservation areas 47J Provisions relating to mining 47K Application of certain other provisions 47L Revocation or compulsory acquisition of state conservation areas 47M Review of classification as state conservation area 47MA Reservation of land in state conservation area as national park or nature reserve 47N Special provisions relating to certain state recreation areas Division 5 Regional parks 47O Reservation of regional parks 47OA Care, control and management of regional parks reserved under Part 4A 47P Name of regional park and limitation on use of term “regional park” 47Q (Repealed) 47R Tabling of notice of reservation, and disallowance 47S Regional park trusts 47T Regional park trust boards 47U (Repealed) 47V Reports 47W Inspection and audit 47X Removal of trust board members or local council and appointment of administrator 47Y Dissolution of regional park trusts and revocation of nomination of local councils 47Z Restrictions on dealing with land within regional parks 47ZA Application of certain provisions to regional parks Current version for 26 October 2018 to date (accessed 29 June 2019 at 00:56) Page 4 of 300 National Parks and Wildlife Act 1974 No 80 [NSW] 47ZB Revocation of regional park Division 6 Nature reserves 48 Care, control and management of nature reserves 49 Reservation of nature reserves 50, 51 (Repealed) 52 Revocation or compulsory acquisition of nature reserve 53 Restrictions on disposal of or dealing with lands within nature reserves 54 Mining 55 Application of Forestry Act 2012 56 Provisions respecting animals in nature reserves 57 Restrictions as to timber, vegetation, plants etc in nature reserves 58 Application of certain provisions to nature reserves 58A–58J (Repealed) Division 7 Karst conservation reserves 58K Reservation of karst conservation reserves 58L (Repealed) 58M Revocation or compulsory acquisition of karst conservation reserve 58N Restriction on disposal of or dealing with lands within karst conservation reserves 58O Mining 58P Application of Forestry Act 2012 58Q Provisions respecting animals in karst conservation reserves 58R Restrictions as to timber, vegetation, plants etc in karst conservation reserves 58S Application of certain provisions to karst conservation reserves Division 8 58T–58ZE (Repealed) Division 9 Wild rivers 59, 60 (Repealed) 61 Declaration of wild rivers 61A Effect of declaration of wild river Division 10 Aboriginal areas 62 Reservation of Aboriginal areas 63 Care, control and management of Aboriginal areas 64 Mining 65, 66 (Repealed) Division 11 Wildlife refuges 67 (Repealed) 68 Wildlife refuges 69 (Repealed) Division 12 Conservation agreements 69A Definitions 69B Conservation agreements Current version for 26 October 2018 to date (accessed 29 June 2019 at 00:56) Page 5 of 300 National Parks and Wildlife Act 1974 No 80 [NSW] 69C Purpose and content of agreements 69D Duration and variation of agreements 69E Agreements to run with land 69F Registration of agreements 69G Enforcement of agreements 69H Register of agreements 69I Proposals by statutory authorities affecting conservation areas 69J Resolution of certain disputes 69K Exhibition of proposed agreements 69KA Application of Environmental Planning and Assessment Act 1979 Division 13 Offences relating to wildlife refuges and conservation areas 70 Fauna in wildlife refuges and other areas 71 Native plants in wildlife refuges, conservation areas and certain wilderness areas Part 4A Aboriginal land Division 1 Preliminary 71B Definitions 71C Purpose of Part 71D Recognition of cultural significance of certain lands to Aboriginal persons Division 2 Negotiations for lease 71E Application of Division 71F Purpose of negotiations 71G Selection of representatives for negotiations before Aboriginal owners identified 71H Selection of representatives for negotiations after Aboriginal owners identified 71I Role of Aboriginal negotiating panel 71J Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils 71K Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation 71L Preference to vesting in Local Aboriginal Land Council—Schedule 14 lands Division 3 Vesting and reservation of Schedule 14 lands 71M Application of Division 71N Tabling of proposal if change of land classification involved 71O Vesting and reservation of Schedule 14 lands 71P Effect of publication