2005
2005
2006-11-15
act
government
publicspecial
act.reprint
act-2006-002
partuncommenced
2005-09-21
2005-09-21
1
2005
none
act-2005-083
8183e175-eeda-4513-9119-eb185c3ef521
f3edbf07-32c0-4e91-b8fd-99f098412158
See
also:
Statute Law (Miscellaneous Provisions)
Bill (No 2) 2006
An Act to amend the National Parks and Wildlife Act 1974 to
dissolve the Jenolan Caves Reserve Trust and to establish a Karst Management
Advisory Committee; and for other purposes.
1Name of
Act
This Act is the National Parks
and Wildlife Amendment (Jenolan Caves Reserves) Act
2005.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of National Parks and Wildlife Act 1974 No
80
The National Parks
and Wildlife Act 1974 is amended as set out in Schedule
1.
4Amendment of other
legislation
The Acts and Regulation specified in Schedule 2
are amended as set out in that Schedule.
Schedule 1Amendment of National Parks and Wildlife Act
1974
(Section 3)
[1]Section 5
Definitions
Omit the definitions of Jenolan
Caves Reserve Trust, Jenolan
Caves Reserve Trust lands, member of
the Jenolan Caves Reserve Trust Board and officer
of the Jenolan Caves Reserve Trust from section 5
(1).
[2]Section 8 Miscellaneous
functions of Director-General
Omit “, prospective honorary rangers and
(with the concurrence of the Jenolan Caves Reserve Trust) officers of the
Jenolan Caves Reserve Trust” from section 8 (8).
Insert instead “and prospective honorary
rangers”.
[3]Section 8 (11) and
(12)
Omit the subsections.
[4]Section 23 Functions and
duties of Council
Omit section 23 (3).
[5]Section 24 Constitution of
advisory committees
Insert “by the Minister” after
“constituted” in section 24 (3).
[6]Part 3 Council and
committees
Insert after Division 3:
Division 4Karst Management Advisory
Committee
29Constitution of Karst
Management Advisory Committee
(1)
There is constituted by this Act the Karst
Management Advisory Committee.
(2)
The Committee is to consist of:
(a)
the Chairperson of the Committee who is to be the
Director-General or a member of staff of the Department of Environment and
Conservation nominated for the time being by the Director-General,
and
(b)
9 other persons appointed by the
Minister.
(3)
Of the members appointed by the Minister under
subsection (2) (b):
(a)
one is to be a person who is a member of a
regional advisory committee for a region that, in the opinion of the Minister,
contains significant areas of karst, and
(b)
one is to be a person who has qualifications in
karst or earth sciences or in a related discipline, and
(c)
one is to be a person with qualifications in
geomorphology, hydrology, water management or a related discipline,
and
(d)
one is to be a person with qualifications and
experience in eco-tourism or recreational planning, and
(e)
one is to be a person nominated by the Australian
Speleological Federation Inc, and
(f)
one is to be a person nominated by the NSW
Heritage Office, and
(g)
one is to be a person nominated by the National
Parks Association of NSW Inc, and
(h)
one is to be a person nominated by the New South
Wales Aboriginal Land Council, and
(i)
one is to be a person nominated by the Nature
Conservation Council of New South Wales.
(4)
The Chairperson of the Committee is entitled to
attend and chair meetings of the Committee but is not entitled to vote at any
such meeting.
(5)
Schedule 4 has effect with respect to the members
and procedure of the Committee.
30Function of Karst Management
Advisory Committee
The function of the Karst Management Advisory
Committee is to advise the Council on the following matters:
(a)
the conservation and management of karst
environments on lands reserved, or acquired for reservation, under this Act
(including matters relating to planning and policy),
(b)
any plan of management for land reserved under
this Act that the Council considers contains significant karst environments,
being a plan that the Council has referred to the Committee for its
consideration and advice,
(c)
such other matters as are referred to the
Committee by the Council, being matters relating to the administration of this
Act with respect to karst environments,
(d)
the development, implementation and review of
policies directed towards achieving the objects of this Act in relation to
karst environments,
(e)
priorities for research relating to the
management and conservation of karst environments across the
State,
(f)
opportunities for sustainable visitor use and
enjoyment of karst conservation reserves compatible with the reserves’
natural and cultural values,
(g)
opportunities for sustainable use (including
adaptive reuse) of any buildings or structures on, or modified natural areas
of, karst conservation reserves having regard to the conservation of the
reserves’ natural and cultural values,
(h)
opportunities to secure funding in relation to
the management and conservation of karst environments,
(i)
the protection of karst environments across the
State,
(j)
assisting, supporting and promoting Government
initiatives in relation to karst conservation.
[7]Section 58S Application of
certain provisions to karst conservation reserves
Omit section 58S (2).
[8]Part 4, Division 8
Abercrombie, Jenolan and Wombeyan Karst Conservation
Reserves
Omit the Division.
[9]Section 71BO
Definitions
Omit “, 73 or 75B” from the
definition of responsible
authority.
Insert instead “or
73”.
[10]Section 72AA Objectives and
content of plans of management
Insert after section 72AA (5):
(5A)
A plan of management for a karst conservation
reserve is to include environmental performance standards and indicators for
the purposes of sections 151 (4A) and 151B (10A) that ensure the environmental
values of the reserve are conserved or restored.
[11]Section 75B Plans of
management for Jenolan Caves Reserve Trust lands
Omit the section.
[12]Section 138 Payments into
Fund
Omit section 138 (1A).
[13]Section 140 Community service
contribution
Omit section 140 (5).
[14]Section 143 Charges and
fees
Omit section 143 (2).
[15]Section 144A Overdue community
service contributions, charges, fees and other money
Omit “(or, in the case of money payable to
the Jenolan Caves Reserve Trust, that Trust)” from section 144A
(3).
[16]Section 146 Acquisition or
occupation of lands for certain purposes
Omit section 146 (4).
[17]Section 151 Leases of and
licences over reserved or dedicated lands
Insert after section 151 (4):
(4A)
The Minister is to include:
(a)
in every lease of lands within a karst
conservation reserve granted under subsection (1) (d), and
(b)
in every licence in relation to lands within a
karst conservation reserve granted under subsection (1)
(f),
a condition requiring:
(c)
the lessee or licensee (in relation to the lands
leased or licensed) to comply with the relevant environmental performance
standards set out in the plan of management for the reserve,
and
(d)
the environmental performance of the lessee or
licensee (in relation to the lands leased or licensed) to be measured against
the relevant environmental performance indicators set out in that plan of
management.
(4B)
The Director-General is (in relation to a lease
or licence to which subsection (4A) applies):
(a)
to monitor:
(i)
the lessee’s or licensee’s compliance
with the relevant environmental performance standards set out in the relevant
plan of management, and
(ii)
the lessee’s or licensee’s
environmental performance as measured against the relevant environmental
performance indicators set out in that plan of management,
and
(b)
to report on the results of that monitoring,
annually, by:
(i)
recording the results in the register kept under
section 151D, and
(ii)
placing the results on the website of the
Department of Environment and Conservation.
[18]Section 151B Leases and
licences of reserved land in accordance with plan of
management
Insert after section 151B (10):
(10A)
The Minister is to include in every lease of
lands within a karst conservation reserve granted under this section a
condition requiring:
(a)
the lessee (in relation to the lands leased) to
comply with the relevant environmental performance standards set out in the
plan of management for the reserve, and
(b)
the environmental performance of the lessee (in
relation to the lands leased) to be measured against the relevant
environmental performance indicators set out in that plan of
management.
(10B)
The Director-General is (in relation to a lease
to which subsection (10A) applies):
(a)
to monitor:
(i)
the lessee’s compliance with the relevant
environmental performance standards set out in the relevant plan of
management, and
(ii)
the lessee’s environmental performance as
measured against the relevant environmental performance indicators set out in
that plan of management, and
(b)
to report on the results of that monitoring,
annually, by:
(i)
recording the results in the register kept under
section 151D, and
(ii)
placing the results on the website of the
Department of Environment and Conservation.
[19]Sections 169 and
170
Omit “, member of the Jenolan Caves Reserve
Trust Board” wherever occurring in sections 169 (1)–(3) and
170.
[20]Sections 169 (1)–(3) and
170
Omit “, honorary ranger or officer of the
Jenolan Caves Reserve Trust” wherever occurring.
Insert instead “or honorary
ranger”.
[21]Section 170
Corruption
Omit “, ranger or member” wherever
occurring. Insert instead “or ranger”.
[22]Section 178 Recovery of
charges
Omit “, the Jenolan Caves Reserve
Trust” from section 178 (1).
[23]Section 178
(3)
Omit the subsection.
[24]Schedule 3 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
National Parks and Wildlife
Amendment (Jenolan Caves Reserves) Act
2005
[25]Schedule 3, Part
6
Insert at the end of the Schedule:
Part 6Provisions consequent on
enactment of National Parks and Wildlife
Amendment (Jenolan Caves Reserves) Act
2005
45Definitions and
interpretation
(1)
In this Part:
amending
Act means the National Parks
and Wildlife Amendment (Jenolan Caves Reserves) Act
2005.
assets means any legal or equitable
estate or interest (whether present or future and whether vested or
contingent) in real or personal property of any description (including money),
and includes securities, choses in action and documents.
conveyance includes transfer,
assignment and assurance.
Department means the Department of
Environment and Conservation.
Director-General means the
Director-General of the Department.
instrument means an instrument
(other than this Act) that creates, modifies or extinguishes rights or
liabilities (or would do so if lodged, filed or registered in accordance with
any law), and includes any judgment, order or process of a
court.
liabilities means all liabilities,
debts or obligations (whether present or future and whether vested or
contingent).
relevant
period means the period commencing on the repeal of section
58V by the amending Act and ending on a day to be appointed by proclamation,
being a day subsequent to the day on which the Minister first adopts a plan of
management for the Jenolan Caves Visitor Use and Services Zone after the
period commences.
rights means all rights, powers,
privileges and immunities (whether present or future and whether vested or
contingent).
the
Jenolan Caves Reserves means the lands reserved under
repealed section 58U as the Abercrombie Karst Conservation Reserve, the
Jenolan Karst Conservation Reserve and the Wombeyan Karst Conservation
Reserve, and any other lands reserved as, or as part of, a karst conservation
reserve the care, control and management of which was vested in the Jenolan
Caves Reserve Trust, immediately before the repeal of section 58V by the
amending Act.
the
Jenolan Caves Visitor Use and Services Zone means the areas
in the Jenolan Caves Reserves shown, on the commencement of this definition,
edged heavy black on the map marked “Jenolan Caves Visitor Use and Services
Zone”, copies of which are deposited in the offices
of the Department at Haymarket, Hurstville and Parramatta.
Trust means the Jenolan Caves
Reserve Trust constituted under repealed section 58V.
Trust
Board means the Jenolan Caves Reserve Trust Board
established under repealed section 58ZA.
(2)
In this Part, a reference to a repealed
section, a repealed
clause or a repealed
Schedule is a reference to the section, the clause or the
Schedule as in force immediately before its repeal by the amending
Act.
46General
The provisions of this Part are subject to any
regulations made under clause 1.
47References to Trust or its
staff or Trust lands
A reference in any other Act, or in any
instrument made under any Act or in any instrument of any kind:
(a)
to the Trust is to be read as a reference to the
Director-General, and
(b)
to the staff (however expressed) of the Trust is
to be read as a reference to the staff of the Department,
and
(c)
to Jenolan Caves Reserve Trust lands is to be
read as a reference to the Jenolan Caves Reserves.
48Transfer of care, control and
management of Jenolan Caves Reserves
The care, control and management of the Jenolan
Caves Reserves vests in the Director-General for the purposes of this
Act.
49Transfer of assets, rights and
liabilities of Trust
(1)
The assets, rights and liabilities of the Trust
are transferred to the Director-General and the following provisions have
effect:
(a)
those assets vest in the Director-General by
virtue of this clause and without the need for any
conveyance,
(b)
those rights and liabilities become the rights
and liabilities of the Director-General,
(c)
all proceedings relating to those assets, rights
and liabilities commenced before the transfer by or against the Trust and
pending immediately before the transfer are taken to be proceedings pending by
or against the Director-General,
(d)
any act, matter or thing relating to those
assets, rights and liabilities done or omitted to be done before the transfer
by, to or in respect of the Trust is (to the extent that the act, matter or
thing has any force or effect) taken to have been done or omitted by, to or in
respect of the Director-General.
(2)
Duty is not chargeable in respect of the transfer
of assets, rights and liabilities under this clause.
50Transfer of staff to
Department
The persons employed, immediately before the
repeal of section 58V by the amending Act, under Chapter 1A of the Public Sector Employment and Management Act
2002 in a Division of the Government Service to enable the
Trust to exercise its functions are transferred to the Department and become
members of staff of the Department.
51Trust
Board
(1)
A reference in any other Act, or in any
instrument made under any Act or in any instrument of any kind to the Trust
Board is to be read as a reference to the
Director-General.
(2)
Any act, matter or thing done or omitted to be
done by, to or in respect of the Trust Board is (to the extent that the act,
matter or thing has any force or effect) to be taken to have been done or
omitted to be done by, to or in respect of the
Director-General.
52Members of
committees
A person who held office as a member of a
committee established under section 58Z immediately before its repeal by the
amending Act:
(a)
ceases to hold office, and
(b)
is not entitled to any remuneration or
compensation because of the loss of that office.
53Continuation of reserved
status of land reserved under section 58U
(1)
Land reserved as a karst conservation reserve
under repealed section 58U (1) continues to be so reserved as if that
subsection (and repealed Schedule 4) had not been
repealed.
(2)
Repealed section 58U (2) and (3) (but not
repealed section 58U (4)) continue to apply to the land referred to in
subclause (1) as if those provisions had not been
repealed.
54Continuation of reserved
status of land referred to in section 58W
No amendment made by the amending Act affects a
reservation of land made by a notice referred to in repealed section 58W
(4).
55Funds of
Trust
Any account maintained by the Trust under
repealed section 58X and operating on the repeal of section 58V by the
amending Act is to be closed by the Director-General and any amount standing
to its credit is to be paid into the Fund.
56Operation of
Part
The operation of this Part is not to be
regarded:
(a)
as a breach of contract or confidence or
otherwise as a civil wrong, or
(b)
as a breach of any contractual provision
prohibiting, restricting or regulating the assignment or transfer of assets,
rights or liabilities, or
(c)
as giving rise to any remedy by a party to an
instrument, or as causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any asset, right
or liability, or
(d)
as an event of default under any contract or
other agreement.
57Operation of certain
provisions in this Part during relevant period
(1)
During the relevant period:
(a)
clause 47 (a) operates in relation to references
to the Trust only to the extent that the Trust is not taken to continue under
clause 58, and
(b)
clause 47 (b) operates in relation to references
to staff of the Trust only to the extent that such staff have become members
of staff of the Department under clause 50, and
(c)
clause 48 does not operate in relation to the
Jenolan Caves Visitor Use and Services Zone, and
(d)
clause 49 does not operate in relation to assets,
rights and liabilities of the Trust in relation to the Jenolan Caves Visitor
Use and Services Zone, and
(e)
clause 50 operates only in relation to a person
who was, immediately before the repeal of section 58V by the amending Act,
employed under Chapter 1A of the Public Sector
Employment and Management Act 2002 in the Jenolan Caves
Reserve Trust Division of the Government Service as the Jenolan ranger or as a
permanent or temporary member of staff of the Wombeyan Caves, the Abercrombie
Caves or the Karst Conservation Unit in that Division, and
(f)
clause 51 operates only to the extent that the
Trust is not taken to continue under clause 58.
(2)
Clauses 52 and 55 commence on the expiry of the
relevant period.
(3)
This clause, clause 58 and the definitions of
the
Jenolan Caves Visitor Use and Services Zone and relevant
period in clause 45 (1), are repealed on the expiry of the
relevant period.
58Interim management of Jenolan
Caves Visitor Use and Services Zone
(1)
Despite the repeal of section 58V by the amending
Act, the Trust is taken to continue during the relevant period for the
purposes of this clause.
(2)
The Minister is to appoint an administrator to
manage the affairs of the Trust in relation to the Jenolan Caves Visitor Use
and Services Zone during the relevant period.
(3)
During the relevant period:
(a)
the administrator has all the responsibilities,
powers, authorities, duties and functions that the Trust had in relation to
the Jenolan Caves Visitor Use and Services Zone immediately before the repeal
of section 58V by the amending Act, and
(b)
any provision amended or repealed by Schedule 1
to the amending Act that is relevant to the operation of paragraph (a)
(including repealed section 58ZD) continues to apply for the purposes of, and
to the extent required by, that paragraph, as if the provision had not been so
amended or repealed.
(4)
During the relevant period:
(a)
repealed section 58ZE (4)–(6) apply to the
administrator as if those provisions were still in force,
and
(b)
repealed clause 15 of Schedule 6 applies to the
administrator, and any person acting under the direction of the administrator,
as if that clause were still in force.
(5)
During the relevant period, repealed Schedule 5A
continues to apply to the staff of the Trust (other than staff referred to in
clause 57 (1) (e)) as if that Schedule were still in
force.
(6)
On and from the commencement of the relevant
period until the day on which the Minister first adopts a plan of management
for the Jenolan Caves Visitor Use and Services Zone after that commencement,
the Minister must not:
(a)
consent to any lease or licence of land within
that Zone under repealed section 58ZB (as continued in force under subclause
(3)), or
(b)
grant any lease of land within that Zone under
section 151 (1) (d) or 151B or any licence in relation to land within that
Zone under section 151 (1) (f),
the term of which (including any option to renew)
exceeds 2 years.
(7)
The Trust is dissolved on the expiration of the
relevant period.
59Conditions in leases and
licences under sections 151 and 151B
An amendment made by Schedule 1 [17] or [18] to
the amending Act does not apply to a lease or licence granted before the
commencement of the amendment, or to the renewal of a lease or licence after
that commencement under an option to renew that was granted before that
commencement.
[26]Schedule
4
Omit the Schedule. Insert instead:
Schedule 4Karst Management Advisory
Committee
(Section 29
(5))
1Definitions
In this Schedule:
appointed
member means a member other than the
Chairperson.
Chairperson means the Chairperson of
the Committee.
Committee means the Karst Management
Advisory Committee constituted by this Act.
member means a member of the
Committee.
2Nomination of
members
If, for the purposes of section 29 (3) (e), (f),
(g), (h) or (i), a nomination is not made within the time or in the manner
specified by the Minister in a written notice given to the person or body
entitled to make the nomination:
(a)
the Minister may appoint a person to be a member
of the Committee instead of the person required to be appointed under section
29 (3) (e), (f), (g), (h) or (i), and
(b)
the person so appointed is taken to have been
duly nominated.
3Removal from
office
The Minister may remove from office any appointed
member at any time.
4Vacancy in office of
member
The office of an appointed member becomes vacant
if the member:
(a)
dies, or
(b)
completes a term of office and is not
re-appointed, or
(c)
resigns the office by instrument in writing
addressed to the Minister, or
(d)
becomes a mentally incapacitated person,
or
(e)
is removed from office by the Minister under
clause 3.
5Vacancies
If the office of an appointed member becomes
vacant, a person is, subject to this Act, to be appointed to fill the
vacancy.
6Acting
members
(1)
The Minister may, from time to time, appoint a
person to act in the office of an appointed member during the illness or
absence of the appointed member, and the person, while so acting, has and may
exercise all the functions of the appointed member and is taken to be an
appointed member.
(2)
The Minister may remove a person from the office
to which the person was appointed under this clause.
(3)
For the purposes of this clause, a vacancy in the
office of a member is regarded as an absence from office of the
member.
7Term of
office
Subject to this Schedule, an appointed member
holds office for such period not exceeding 5 years as may be specified in the
instrument of appointment of the member, but is eligible (if otherwise
qualified) for re-appointment.
8Quorum
The quorum for a meeting of the Committee is 6
members.
9Voting
A decision supported by a majority of the votes
cast at a meeting of the Committee at which a quorum is present is the
decision of the Committee.
10Transaction of business
outside meetings or by telephone
(1)
The Committee may, if it thinks fit, transact any
of its business by the circulation of papers among all the members of the
Committee for the time being, and a resolution in writing approved in writing
by a majority of those members is taken to be a decision of the
Committee.
(2)
The Committee may, if it thinks fit, transact any
of its business at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any member
who speaks on a matter before the meeting can be heard by the other
members.
(3)
For the purposes of:
(a)
the approval of a resolution under subclause (1),
or
(b)
a meeting held in accordance with subclause
(2),
the Chairperson of the Committee and each member of the
Committee have the same voting rights as they have at an ordinary meeting of
the Committee.
(4)
A resolution approved under subclause (1) is,
subject to the regulations, to be recorded in the minutes of the meetings of
the Committee.
(5)
Papers may be circulated among the members for
the purposes of subclause (1) by facsimile or other transmission of the
information in the papers concerned.
11Procedure
(1)
Subject to this Act and the direction of the
Minister, the procedure for calling meetings of the Committee and for the
conduct of business at those meetings is to be as determined by the
Committee.
(2)
The Director-General is to call the first meeting
of the Committee in such manner as the Director-General thinks
fit.
12Expenses
A member is entitled to receive such travelling
and other expenses (if any) as the Minister may determine in respect of the
member.
[27]Schedules 5, 5A and
6
Omit the Schedules.
sch 1: Am 2006 No 2,
Sch 5.8 [1] [2].
Schedule 2Amendment of other
legislation
(Section 4)
2.1First
State Superannuation Act 1992 No 100
Schedule 1
Employers
Omit “Jenolan Caves Reserve
Trust”.
2.2National Parks and Wildlife Regulation
2002
[1]Clause 3
Definitions
Omit paragraph (c) from the definition of
park
authority in clause 3 (1).
[2]Clause 3 (1), definition of
“park authority”
Omit “(other than a karst conservation
reserve of which the Jenolan Caves Reserve Trust is trustee)” from
paragraph (d).
2.3Public
Finance and Audit Act 1983 No 152
Schedule 2 Statutory
bodies
Omit “Jenolan Caves Reserve
Trust”.
2.4Public
Reserves Management Fund Act 1987 No
179
Section 6 Payments out of
Public Reserves Management Fund
Omit section 6 (1) (f1).
2.4APublic
Sector Employment and Management Act 2002 No
43
Schedule 1 Divisions of the
Government Service
Omit the matter relating to the Jenolan Caves
Reserve Trust Division from Part 2 of the Schedule.
2.5State
Authorities Non-contributory Superannuation Act 1987 No
212
Schedule 1
Employers
Omit “Jenolan Caves Reserve Trust”
from Part 1.
2.6State
Authorities Superannuation Act 1987 No
211
Schedule 1
Employers
Omit “Jenolan Caves Reserve Trust”
from Part 1.
2.7Superannuation Act 1916 No
28
Schedule 3 List of
employers
Omit “Jenolan Caves Reserve Trust”
from Part 1.
sch 2: Am 2006 No 2,
Sch 5.8 [3].
Historical
notes
Table of amending
instruments
National Parks and Wildlife
Amendment (Jenolan Caves Reserves) Act 2005 No 83. Second
reading speech made: Legislative Assembly, 21.9.2005; Legislative Council,
19.10.2005. Assented to 17.11.2005. Date of commencement (Schs 1 [20],
2.1–2.3 and 2.5–2.7 excepted), 1.7.2006, sec 2 and GG No 35 of
17.3.2006, p 1377; date of commencement of Schs 1 [20], 2.1–2.3 and
2.5–2.7: not in force. This Act has been amended as follows:
2006
No
2
Public Sector Employment
Legislation Amendment Act 2006. Assented to
13.3.2006.
Date of commencement, 17.3.2006, sec 2 and GG No 35 of
17.3.2006, p 1378.
Table of
amendments
Sch
1
Am 2006 No
2, Sch 5.8 [1] [2].
Sch
2
Am 2006 No
2, Sch 5.8 [3].