2010
2010
2014-11-14
act
government
publicspecial
act.reprint
sl-2014-0716
allinforce
2010-05-19
2010-05-19
0
2010
none
act-2010-022
5206e6b8-c105-4904-9a29-7915065c10ec
a657e7fb-d035-4822-a9c5-27022600515d
An Act to transfer certain State forest land in
the Riverina area to the national park estate; to make provision with respect
to forestry operations in that area; to amend certain Acts; and for other
purposes.
Part 1Preliminary
1Name of
Act
This Act is the National Park
Estate (Riverina Red Gum Reservations) Act
2010.
2Commencement
This Act commences on 1 July
2010.
3Definitions
(1)
In this Act:
Crown
land has the same meaning as it has in the Crown Lands Act 1989.
NPW
Minister means the Minister administering Divisions 1 and 2
of Part 4 of the National Parks and Wildlife Act
1974.
Riverina
area means the area of the State shown in the map at the end
of this section.
State
forest means land dedicated under the Forestry Act 1916 (or under the former
Forestry Act 1909) as a State forest,
being a dedication that is in force.
(2)
Notes included in this Act do not form part of
this Act.
Riverina
area
Part 2Land
transfers
4Revocation of State
forests
(1)
The dedication as State forest of the lands
described in Schedule 1, 3, 5 or 6 is revoked on 1 July
2010.
(2)
Any notifications under section 19A of the
Forestry Act 1916 that declare, as
national forests, areas of State forests whose dedication is revoked by
subsection (1) are also revoked by this Act on the date the dedication is
revoked, but only to the extent to which they relate to national forests, or
parts of national forests, situated within the lands referred to in that
subsection.
(3)
Any notices under section 21A of the Forestry Act 1916 that declare, as
special management zones, areas of State forests whose dedication is revoked
by subsection (1) are also revoked by this Act on the date the dedication is
revoked, but only to the extent to which they relate to special management
zones, or parts of special management zones, situated within the lands
referred to in that subsection.
(4)
Any notices under section 25A of the Forestry Act 1916 that set apart, as
flora reserves, areas of State forests whose dedication is revoked by
subsection (1) are also revoked by this Act on the date the dedication is
revoked, but only to the extent to which they relate to flora reserves, or
parts of flora reserves, situated within the lands referred to in that
subsection.
5Reservation of former State
forests as national parks or regional parks on 1 July
2010
(1)
The lands described in Schedule 1 are, on 1 July
2010, reserved under the National Parks and Wildlife Act
1974 as, or as part of, national parks or regional parks
(as indicated in that Schedule).
(2)
Subsection (1) does not apply to any land
described in Schedule 1 that is also described in Schedule
3.
6Reservation of Crown lands as
state conservation area on 1 July 2010
(1)
The lands described in Schedule 2 are, on 1 July
2010, reserved under the National Parks and Wildlife Act
1974 as, or as part of, state conservation area (as
indicated in that Schedule).
(2)
Any timber reserves (within the meaning of the
Forestry Act 1916) with respect to any
land referred to in subsection (1) are revoked by this Act, but only to the
extent to which they relate to timber reserves or parts of timber reserves
situated within that land.
7Vesting in NPW Minister of
former State forests land on 1 July 2010
(1)
The lands described in Schedule 3 vest, on 1 July
2010, in the NPW Minister on behalf of the Crown for the purposes of Part 11
of the National Parks and Wildlife Act
1974 for an estate in fee simple, freed and discharged
from:
(a)
all trusts, obligations, estates, interests,
rights of way or other easements, and
(b)
any dedication, reservation, Crown grant or
vesting to which the lands were subject, and any such dedication, reservation,
grant or vesting is revoked.
(2)
Despite subsection (1), the lands described in
Schedule 3 are not freed and discharged from:
(a)
any perpetual lease, special lease or term lease
within the meaning of the Crown Lands (Continued Tenures) Act
1989 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act), or
(b)
any lease under the Western Lands Act
1901,
to which the lands were subject immediately before their
vesting under this section.
8Reservation of Forestry
Commission controlled land as national park on 1 July
2010
(1)
The lands described in Schedule 4 are, on 1 July
2010, reserved under the National Parks and Wildlife Act
1974 as, or as part of, national park (as indicated in
that Schedule).
(2)
The lands described in Schedule 4 cease to be
subject to section 11A of the Forestry Act
1916 (and any arrangements made under that section) on 1
July 2010.
9Former State forests to be
subject to Crown Lands Act
1989 on 1 July 2010
(1)
The lands described in Schedule 5 are, on 1 July
2010, vested in the Crown as Crown land and are subject to the Crown Lands Act
1989.
(2)
The lands described in Schedule 5 are to be dealt
with under the Crown Lands Act
1989 as if the preferred use of the lands had been
assessed under Part 3 of that Act as use for nature conservation
purposes.
10Vesting in NPW Minister of
former State forests on 1 July 2010 for transfer to Aboriginal
ownership
(1)
The lands described in Schedule 6 vest, on 1 July
2010, in the NPW Minister on behalf of the Crown for the purposes of Part 11
of the National Parks and Wildlife Act
1974 for an estate in fee simple, freed and discharged
from:
(a)
all trusts, obligations, estates, interests,
rights of way or other easements, and
(b)
any dedication, reservation, Crown grant or
vesting to which the lands were subject, and any such dedication, reservation,
grant or vesting is revoked.
(2)
The purposes for which the lands described in
Schedule 6 may be dealt with under Part 11 of the National Parks and Wildlife Act 1974
include the vesting of any of the land in an Aboriginal landholding
body.
(3)
Despite subsection (1), the lands described in
Schedule 6 are not freed and discharged from:
(a)
any perpetual lease, special lease or term lease
within the meaning of the Crown Lands (Continued Tenures) Act
1989 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act), or
(b)
any lease under the Western Lands Act
1901,
to which the lands were subject immediately before their
vesting under this section.
11Reservation of land vested in
NPW Minister as state conservation area on 1 July 2010
The lands described in Schedule 7 are, on 1 July
2010, reserved under the National Parks and Wildlife Act
1974 as, or as part of, state conservation area (as
indicated in that Schedule).
12Change of names and
consolidation of existing reserves within national park
estate
The reservation under the National Parks and Wildlife Act 1974 of
land as, or as part of, national parks, nature reserves or state conservation
areas as described in any clause in Schedule 8 is, on 1 July 2010, revoked and
the lands are reserved under that Act as, or as part of, the national parks,
nature reserves or state conservation areas as indicated in the heading to the
clause in that Schedule.
13Adjustment of description of
land transferred to national park estate
(1)
The description of any land in Schedules
1–7 (a relevant
Schedule) may be adjusted in accordance with this
section.
(2)
A description of land may be adjusted from time
to time:
(a)
to alter the boundaries of the land for the
purposes of the effective management of national park estate land and State
forest land, including adjustments to enable boundaries to follow distinctive
land features, to provide access to land or to rationalise the boundaries of
similar areas of land, or
(b)
to adjust the boundary of any land adjoining a
public road, including adjustments to enable the boundary to follow the formed
path of the road or to provide an appropriate setback from the carriageway of
the road, or
(c)
to include, remove or change a description of any
easement or restriction to which the land is subject, or
(d)
to provide a more detailed description of the
boundaries of the land.
Any such adjustment may include adding to a
relevant Schedule a description of the land removed by the adjustment from the
description of land in another relevant Schedule.
(3)
An adjustment of the description of land is to be
made by the Director-General of the Department of Environment, Climate Change
and Water by a notice published on the NSW legislation website that amends a
relevant Schedule.
(4)
A notice under this section may be published only
with the approval of:
(a)
the NPW Minister, and
(b)
to the extent that the notice applies to a Crown
road—the Minister administering the Crown Lands Act
1989, and
(c)
to the extent that the notice applies to a
classified road—the Minister administering the provisions of the Roads Act 1993 relating to classified
roads.
(5)
The Director-General of the Department of
Environment, Climate Change and Water is required to certify in any notice
under this section that the adjustments effected by the notice will not result
in any significant reduction in the size or value of national park estate land
or State forest land.
(6)
An adjustment of the description of land may only
be made before:
(a)
1 July 2012, except as provided by paragraph (b)
or (c), or
(b)
1 July 2015, in the case of an adjustment of the
description of land in Schedule 3 or 4, or of the boundary of land adjoining a
public road, or
(c)
1 July 2017, in the case of an adjustment of the
description of land in Schedule 6.
(7)
If any of the land described in a relevant
Schedule on the commencement of the Schedule is not included in the adjusted
description of the land, the land that is not so included is taken never to
have been subject to or affected by the provisions of this Act applying to
land described in the relevant Schedule.
(8)
If land included in the adjusted description of
the land includes any land not described in a relevant Schedule on the
commencement of the Schedule, the land concerned is taken to have been
subject, on and from the commencement of the Schedule, to the provisions of
this Act applying to land described in the relevant
Schedule.
(9)
The Director-General of the Department of
Environment, Climate Change and Water may, in a notice published under this
section for the purpose of adjusting the boundary of land adjoining a public
road, declare that:
(a)
any such land (described in the notice) is part
of the public road and, accordingly, is vested in the roads authority for that
public road under the Roads Act 1993 or
is Crown land, or
(b)
any such land (described in the notice) ceases to
be part of that public road and, accordingly, is divested from the relevant
roads authority or the Crown and becomes part of the land subject to the
provisions of this Act applying to land described in the relevant Schedule in
which the land is included.
A declaration under this subsection has effect
according to its tenor, despite anything to the contrary in the Roads Act 1993.
(10)
In this section:
appropriate setback, in relation to
a carriageway of a road, includes a setback that allows for drainage,
signposts, traffic control devices, lighting and other supporting
infrastructure for the road.
classified road and public road have the same meanings
as they have in the Roads Act
1993.
land
adjoining a public road includes land in the vicinity of a
public road.
national
park estate land means:
(a)
land reserved under the National Parks and Wildlife Act 1974,
or
(b)
land vested in the NPW Minister for the purposes
of Part 11 of the National Parks and Wildlife Act
1974.
Part 3Forestry operations on land
remaining as State forest
14Definitions
(1)
In this Part:
Crown-timber lands has the same
meaning as it has in the Forestry Act
1916.
Riverina
forestry operations means forestry operations within the
meaning of the Forestry Act 2012
to which Part 5B of that Act applies that are carried out in Riverina State
forests.
Riverina
State forests means State forests and other Crown-timber
lands in the Riverina area, and include (while they remain State forests) the
State forests of Koondrook, Perricoota and Campbells
Island.
(2)
For the purposes of this Part, forestry
operations includes operations for the production or collection of
firewood.
s 14: Am 2012 No 96,
Sch 4.21 [1].
15Integrated forestry operations
approval for Riverina forestry operations
(1)
An integrated forestry operations approval may be
granted under Part 5B of the Forestry Act
2012 for Riverina forestry operations.
Note—
Section 69O (4) of that Act provides that such an
approval may be granted without the area being covered by a forest
agreement.
(2)
The substitution of this section by the Forestry Act 2012 does not affect any
integrated forestry operations approval in force immediately before that
substitution.
s 15: Subst 2012 No
96, Sch 4.21 [2].
Part 4Miscellaneous
16Collection of firewood on
reserved land under this Act
(1)
Firewood may be collected from land reserved as
national park or regional park by this Act for use outside of that or any
other land reserved under the National Parks
and Wildlife Act 1974 in the following
circumstances:
(a)
the firewood is not collected for commercial
purposes,
(b)
the firewood is collected by an individual who,
or a not-for-profit organisation which, is licensed by the Director-General of
the Department of Environment, Climate Change and Water under this
section,
(c)
the firewood is collected from firewood
collection zones within the land determined by the Director-General and
notified to the holder of any such licence,
(d)
the firewood is collected in accordance with the
conditions of any licence (including any conditions notified to the holder of
the licence by the Director-General),
(e)
the person collecting the firewood does not fell
any tree for the purpose of obtaining firewood,
(f)
the collection of the firewood complies with any
other requirements of the regulations.
(2)
Wood obtained from ecological thinning undertaken
by the Director-General in any lands reserved under the National Parks and Wildlife Act 1974 in
the Riverina area may be deposited in firewood collection zones for collection
by the holders of licences under this section.
(3)
A licence under this section may not be granted
for a period that exceeds 1 year, but may be renewed from time to
time.
(4)
The Director-General is required to undertake a
review of licences under this section as soon as practicable after 1 July
2013. The Director-General is to take into account the environmental
sustainability of firewood collection in the reserved areas concerned and any
other factors the Director-General considers relevant.
17Act to bind
Crown
This Act binds the Crown in right of New South
Wales and, in so far as the legislative power of the Parliament of New South
Wales permits, the Crown in all its other capacities.
18Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
(2)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of this
Act.
(3)
Any such provision may, if the regulations so
provide, take effect from 1 July 2010 or a later date.
(4)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication on the NSW
legislation website, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Schedule 1State forests reserved as
national park or regional park on 1 July 2010
(Sections 4 and
5)
1Euston Regional
Park
An area of about 3,273.8 hectares, being Euston
State Forest No 969 dedicated by proclamation published in the NSW Government
Gazette on 30 October 1959, and Extensions Nos 1 and 2 published 4 October
1963 and 1 February 1980 respectively. That area does not include the land
identified as Lot 101 on the diagram catalogued Misc R00444 in the Office of
Environment and Heritage, Department of Premier and
Cabinet.
2Kemendok National
Park
An area of about 9,794.4 hectares, being Mallee
Cliffs State Forest No 772 dedicated by proclamation published in the NSW
Government Gazette on 17 February 1922 and excluding the land identified as
Lot 101 on the diagram catalogued Misc R00448 in the Office of Environment and
Heritage, Department of Premier and Cabinet.
3Lachlan Valley National
Park
(1)
An area of about 676.6 hectares, being Booligal
State Forest No 389 dedicated by proclamation published in the NSW Government
Gazette on 5 April 1917 and Extension No 1 published 23 April 1926. That area
does not include the land identified as Lots 1–3 on the diagram
catalogued Misc R00407 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(2)
An area of about 769 hectares, being part
McFarlands State Forest No 598 dedicated by proclamation published in the NSW
Government Gazette on 9 November 1917.
(3)
An area of about 372.4 hectares, being Moon Moon
State Forest No 390 dedicated by proclamation published in the NSW Government
Gazette on 5 April 1917 and Extension No 1 published 20 October 1995. That
area does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00417 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lots 101 and 102 on the
diagram catalogued Misc R00454 in that Office.
(4)
4Lachlan Valley Regional
Park
An area of about 1,536.6 hectares, being part
Hillston State Forest No 1034 dedicated by proclamation published in the NSW
Government Gazette on 28 September 1984 and part Extension No 1 published 22
May 1987 comprising Lot 22, DP755170. That area does not include the land
identified as Lot 1 on the diagram catalogued Misc R00420 in the Office of
Environment and Heritage, Department of Premier and
Cabinet.
5Murray Valley National
Park
(1)
An area of about 69.8 hectares, being Barooga
State Forest No 103 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and Extension No 1 published 26 March 1971. That
area does not include any of the following land:
(a)
the land identified as Lot 1 on the diagram
catalogued Misc R00421 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lots 2–8 and Lot 101
on the diagram catalogued Misc R00423 in that
Office.
(2)
An area of about 1,013 hectares, being
Boomanoomana State Forest No 101 dedicated by proclamation published in the
NSW Government Gazette on 18 February 1914 and Extension No 1 published 28
September 1928. That area does not include any of the following land:
(a)
the land identified as Lots 1 and 2 on the
diagram catalogued Misc R00425 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00438 in that Office.
(3)
An area of about 113 hectares, being Corowa State
Forest No 502 dedicated by proclamation published in the NSW Government
Gazette on 22 June 1917.
(4)
An area of about 667.7 hectares, being Cottadidda
State Forest No 102 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and Extension No 1 published 26 May 1922. That
area does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00427 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00431 in that Office,
(c)
the land identified as Lots 101–103 on the
diagram catalogued Misc R00441 in that Office,
(d)
the land identified as Lot 101 on the diagram
catalogued Misc R00442 in that Office.
(5)
An area of about 4,328.5 hectares, being so much
of Gulpa Island State Forest No 558 as comprises the land designated as
1129-01 on the diagram catalogued Misc R00194 (Edition 1) in the Office of
Environment and Heritage, Department of Premier and Cabinet, subject to any
variations or exceptions noted on that diagram. That area does not include any
of the following land:
(a)
the land identified as Lots 101 and 102 on the
diagram catalogued Misc R00443 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00446 in that Office,
(c)
the land identified as Lot 101 on the diagram
catalogued Misc R00447 in that Office.
(6)
An area of about 18,905.3 hectares, being so much
of Millewa State Forest No 398 as comprises the land identified as 1129-02 on
the diagram catalogued Misc R00194 (Edition 1), and the land identified as Lot
2 on the diagram catalogued Misc R00481, in the Office of Environment and
Heritage (subject to any variations or exceptions noted on those diagrams).
That area does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00457 in the Office of Environment and
Heritage,
(b)
the land shown coloured orange, and identified as
part of Lot 2, on the diagram catalogued Misc R00480 in that
Office,
(c)
the land identified as Lot 1 on the diagram
catalogued Misc R00481 in that Office.
(7)
An area of about 9,013.5 hectares, being so much
of Moira State Forest No 576 as comprises the land identified as 1129-04 on
the diagram catalogued Misc R00195 (Edition 1), and the land identified as Lot
3 on the diagram catalogued Misc R00482, in the Office of Environment and
Heritage (subject to any variations or exceptions noted on those diagrams).
That area does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00432 in the Office of Environment and
Heritage,
(b)
the land identified as Lot 102 on the diagram
catalogued Misc R00433 in that Office,
(c)
the land identified as Lot 101 on the diagram
catalogued Misc R00450 in that Office,
(d)
the land shown coloured orange, and identified as
part of Lot 1, on the diagram catalogued Misc R00482 in that
Office.
(8)
An area of about 43 hectares, being Native Dog
State Forest No 87 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914.
(9)
(10)
An area of about 1,669.9 hectares, being Noorong
State Forest No 201 dedicated by proclamation published in the NSW Government
Gazette on 16 June 1915, Extension No 1 published 13 October 1939, Extension
No 2 published 12 January 1951 and Extension No 3 published 8 January 1954.
That area does not include the land identified as Lot 101 on the diagram
catalogued Misc R00406 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(11)
An area of about 190 hectares, being Tholobin
State Forest No 530 dedicated by proclamation published in the NSW Government
Gazette on 27 July 1917.
(12)
An area of about 66 hectares, being Thornley
State Forest No 86 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and Extension No 1 published 13 April
1934.
(13)
An area of about 1,040 hectares, being Tuppal
State Forest No 189 dedicated by proclamation published in the NSW Government
Gazette on 10 February 1915.
(14)
An area of about 871.5 hectares, being Wetuppa
State Forest No 192 dedicated by proclamation published in the NSW Government
Gazette on 10 February 1915, Extension No 1 published 22 February 1957,
Extension No 2 published 1 March 1957 and Extension No 3 published 19 October
1984. That area does not include any of the following land:
(a)
the land identified as Lots 101–104 on the
diagram catalogued Misc R00455 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00456 in that Office.
(15)
An area of about 379.5 hectares, being Whymoul
State Forest No 575 dedicated by proclamation published in the NSW Government
Gazette on 12 October 1917 and Extension No 1 published 3 May 2002. That area
does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00435 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00461 in that Office,
(c)
the land identified as Lot 102 on the diagram
catalogued Misc R00469 in that Office.
(16)
An area of about 253.5 hectares, being Woperana
State Forest No 104 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and excluding the land identified as Lot 101 on
the diagram catalogued Misc R00426 in the Office of Environment and Heritage,
Department of Premier and Cabinet.
6Murray Valley Regional
Park
(1)
An area of about 3,075.4 hectares, being Bama
State Forest No 584 dedicated by proclamation published in the NSW Government
Gazette on 26 October 1917 and excluding the land identified as Lots 101 and
102 on the diagram catalogued Misc R00428 in the Office of Environment and
Heritage, Department of Premier and Cabinet.
(1A)
An area of about 1,117 hectares, being so much of
Barooga State Forest No 103 as is identified as Lot 101 on the diagram
catalogued Misc R00423 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(2)
An area of about 206 hectares, being Benarca
State Forest No 751 dedicated by proclamation published in the NSW Government
Gazette on 16 July 1920.
(3)
An area of about 536.2 hectares, being Collendina
State Forest No 98 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and Extension No 1 published 31 January 1941. That
area does not include any of the following land:
(a)
the land identified as Lot 1 on the diagram
catalogued Misc R00437 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00440 in that Office.
(4)
An area of about 396.62 hectares, being
Deniliquin State Forest No 397 dedicated by proclamation published in the NSW
Government Gazette on 27 April 1917, Extension No 1 published 15 May 1953,
Extension No 2 published 3 May 1957 and Extension No 4 published 29 October
1999. That area does not include any of the following land:
(a)
the land identified as Lots 1–3 on the
diagram catalogued Misc R00418 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 1 on the diagram
catalogued Misc R00419 in that Office.
(5)
An area of about 765.2 hectares, being so much of
Gulpa Island State Forest No 558 as comprises the land identified as 1130-01
on the diagram catalogued Misc R00194 (Edition 1), and the land identified as
Lot 3 on the diagram catalogued Misc R00480, in the Office of Environment and
Heritage (subject to any variations or exceptions noted on those diagrams).
That area does not include any of the following land:
(a)
the land identified as Lots 101 and 102 on the
diagram catalogued Misc R00445 in that Office,
(b)
the land identified as Lot 1 on the diagram
catalogued Misc R00480 in that Office.
(6)
An area of about 14.9 hectares, being Horseshoe
Lagoon State Forest No 742 Extension No 1 dedicated by proclamation published
in the NSW Government Gazette on 28 September 1934 and excluding the land
identified as Lot 101 on the diagram catalogued Misc R00458 in the Office of
Environment and Heritage, Department of Premier and
Cabinet.
(7)
An area of about 572.3 hectares, being Kyalite
State Forest No 380 dedicated by proclamation published in the NSW Government
Gazette on 23 March 1917, Extension No 1 published 10 May 1918, Extension No 2
published 15 November 1929 and Extension No 3 published 25 June 1982. That
area does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00449 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lots 101–103 on the
diagram catalogued Misc R00451 in that Office.
(8)
An area of about 382 hectares, being Liewa State
Forest No 193 dedicated by proclamation published in the NSW Government
Gazette on 10 February 1915.
(9)
An area of about 1,533.9 hectares, being so much
of Millewa State Forest No 398 as comprises the following land:
(a)
the land identified as 1130-02 on the diagram
catalogued Misc R00194 (Edition 1) in the Office of Environment and Heritage,
subject to any variations or exceptions noted on that
diagram,
(b)
the land identified as Lot 4 on the diagram
catalogued Misc R00480 in that Office,
(c)
the land identified as Lot 3 on the diagram
catalogued Misc R00481 in that Office.
That area does not include the land shown
coloured blue, and identified as part of Lot 2, on the diagram catalogued Misc
R00480 in the Office of Environment and Heritage.
(10)
An area of about 40 hectares, being Moama State
Forest No 369 dedicated by proclamation published in the NSW Government
Gazette on 2 March 1917.
(11)
An area of about 962.6 hectares, being so much of
Moira State Forest No 576 as comprises the land identified as 1130-03 on the
diagram catalogued Misc R00194 (Edition 1), and the land identified as Lot 2
on the diagram catalogued Misc R00482, in the Office of Environment and
Heritage, subject to any variations or exceptions noted on those diagrams.
That area does not include any of the following land:
(a)
the land identified as Lots 1 and 2 on the
diagram catalogued Misc R00424 in the Office of Environment and
Heritage,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00452 in that Office,
(c)
the land identified as Lot 101 on the diagram
catalogued Misc R00453 in that Office,
(d)
the land shown coloured blue, and identified as
part of Lot 1, on the diagram catalogued Misc R00482 in that
Office.
(12)
An area of about 484.4 hectares, being Mulwala
State Forest No 100 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and excluding the land identified as Lot 101 on
the diagram catalogued Misc R00439 in the Office of Environment and Heritage,
Department of Premier and Cabinet.
(13)
An area of about 41 hectares, being Quat Quatta
State Forest No 785 dedicated by proclamation published in the NSW Government
Gazette on 25 May 1923.
(14)
An area of about 139 hectares, being Quat Quatta
East State Forest No 484 dedicated by proclamation published in the NSW
Government Gazette on 29 June 1917.
7Murrumbidgee Valley National
Park
(1)
An area of about 855.9 hectares, being Benerembah
State Forest No 396 dedicated by proclamation published in the NSW Government
Gazette on 5 April 1917, Extension No 1 published 22 August 1930 and Extension
No 2 published 15 March 1974. That area does not include any of the following
land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00409 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00410 in that Office,
(c)
the land identified as Lots 101–104 on the
diagram catalogued Misc R00468 in that Office.
(2)
An area of about 94 hectares, being Billenbah
State Forest No 85 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914.
(3)
An area of about 230 hectares, being Cararbury
State Forest No 386 dedicated by proclamation published in the NSW Government
Gazette on 27 April 1917 and Extension No 1 published 13 November
1970.
(4)
An area of about 1,657.2 hectares, being Cuba
State Forest No 376 dedicated by proclamation published in the NSW Government
Gazette on 23 March 1917, Extension No 1 published 13 July 1928 and Extension
No 2 published 25 August 2000. That area does not include the land identified
as Lots 101 and 102 on the diagram catalogued Misc R00403 in the Office of
Environment and Heritage, Department of Premier and
Cabinet.
(5)
An area of about 134 hectares, being Dunnoon
Lagoon State Forest No 704 dedicated by proclamation published in the NSW
Government Gazette on 25 April 1919.
(6)
An area of about 139 hectares, being Euroley
State Forest No 84 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and Extension No 1 published 18 July
1930.
(7)
An area of about 133 hectares, being Jurambula
State Forest No 79 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914.
(8)
An area of about 617 hectares, being Kieeta State
Forest No 1073 dedicated by proclamation published in the NSW Government
Gazette on 17 March 2006.
(9)
An area of about 8 hectares, being Murrumbidgee
State Forest No 998 dedicated by proclamation published in the NSW Government
Gazette on 27 December 1974.
(10)
An area of about 61 hectares, being Pembelgong
State Forest No 164 dedicated by proclamation published in the NSW Government
Gazette on 2 March 1917.
(11)
An area of about 251 hectares, being Uri State
Forest No 374 dedicated by proclamation published in the NSW Government
Gazette on 23 March 1917.
(12)
An area of about 1,029.2 hectares, being Yarradda
State Forest No 668 dedicated by proclamation published in the NSW Government
Gazette on 9 August 1918, Extension No 1 published 14 August 1925 and
Extension No 2 published 25 August 1939. That area does not include the land
identified as Lot 101 on the diagram catalogued Misc R00436 in the Office of
Environment and Heritage, Department of Premier and
Cabinet.
8Murrumbidgee Valley Regional
Park
(1)
An area of about 29 hectares, being Hay State
Forest No 1025 dedicated by proclamation published in the NSW Government
Gazette on 28 October 1983.
(2)
An area of about 189.4 hectares, being Narrandera
State Forest No 786 dedicated by proclamation published in the NSW Government
Gazette on 12 October 1923 and Extension No 1 published 3 June 1927. That area
does not include any of the following land:
(a)
the land identified as Lot 101 on the diagram
catalogued Misc R00404 in the Office of Environment and Heritage, Department
of Premier and Cabinet,
(b)
the land identified as Lot 1 on the diagram
catalogued Misc R00414 in that Office.
(3)
An area of about 906.9 hectares, being
Willbriggie State Forest No 371 dedicated by proclamation published in the NSW
Government Gazette on 23 March 1917, Extension No 1 published 19 March 1971,
Extension No 2 published 4 May 1984, Extension No 3 published 23 April 1993
and Extension No 4 published 19 January 2007. That area does not include any
of the following land:
(a)
the land identified as Lots 101 and 102 on the
diagram catalogued Misc R00400 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00401 in that Office,
(c)
the land identified as Lot 101 on the diagram
catalogued Misc R00402 in that Office,
(d)
the land identified as Lot 101 on the diagram
catalogued Misc R00408 in that Office.
(4)
An area of about 54.7 hectares, being Wooloondool
State Forest No 520 dedicated by proclamation published in the NSW Government
Gazette on 20 July 1917 and excluding the land identified as Lot 101 on the
diagram catalogued Misc R00434 in the Office of Environment and Heritage,
Department of Premier and Cabinet.
sch 1: Am 2012 (286),
Sch 1 [1]–[15]; 2014 (716), Sch 1 [1]–[4].
Schedule 2Crown lands reserved as state
conservation area on 1 July 2010
(Section 6)
Lachlan Valley State
Conservation Area
An area of about 320 hectares, in the Local
Government Area of Hay, Parish of Thononga, County of Franklin, being Lots 23,
54, 91, 92, 94, 96 and 117, DP752995.
Schedule 3State forests vested in NPW
Minister on 1 July 2010
(Sections 4 and 7)
1Land subject to existing
lease
(1)
An area of about 520 hectares, being part
Hillston Forest No 1034 Extension No 1 dedicated by proclamation published in
the NSW Government Gazette on 22 May 1987 excluding Lot 22,
DP755170.
(2)
An area of about 5,006 hectares, being Manie
State Forest No 887 dedicated by proclamation published in the NSW Government
Gazette on 18 April 1947.
(3)
An area of about 623 hectares, being Ki State
Forest No 889 dedicated by proclamation published in the NSW Government
Gazette on 18 April 1947.
(4)
An area of about 158 hectares, being Maude State
Forest No 1053 dedicated by proclamation published in the NSW Government
Gazette on 27 May 1988 and Extension No 1 published 11 November
2005.
(5)
An area of about 269 hectares, being part
Nooroong State Forest No 201 Extension No 4 published in the NSW Government
Gazette on 17 February 1989 and Extension No 5 published 1 July
2005.
(6)
An area of about 474 hectares, being Quandong
State Forest No 941 dedicated by proclamation published in the NSW Government
Gazette on 3 December 1954.
2Other
lands
(1)
An area of about 5,896 square metres, being
Mathoura State Forest No 865 Extension No 1 dedicated by proclamation
published in the NSW Government Gazette on 16 August
1940.
(2)
An area of about 0.2 hectare, being so much of
Euston State Forest No 969 as is identified as Lot 101 on the diagram
catalogued Misc R00444 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(3)
An area of about 79.6 hectares, being so much of
Mallee Cliffs State Forest No 772 as is identified as Lot 101 on the diagram
catalogued Misc R00448 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(4)
An area of about 190.4 hectares, being so much of
Booligal State Forest No 389 as is identified as Lots 1–3 on the diagram
catalogued Misc R00407 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(5)
An area of about 141.6 hectares, being so much of
Moon Moon State Forest No 390 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00417 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lots 101 and 102 on the diagram catalogued Misc
R00454 in that Office.
(6)
An area of about 1,315 hectares, being Oxley
State Forest No 1000 dedicated by proclamation published in the NSW Government
Gazette on 14 November 1975.
(7)
An area of about 27.4 hectares, being so much of
Hillston State Forest No 1034 as is identified as Lot 1 on the diagram
catalogued Misc R00420 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(8)
An area of about 14.2 hectares, being so much of
Barooga State Forest No 103 as is identified as follows:
(a)
Lot 1 on the diagram catalogued Misc R00421 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lots 2–8 on the diagram catalogued Misc
R00423 in that Office.
(9)
An area of about 1 hectare, being so much of
Boomanoomana State Forest No 101 as is identified as follows:
(a)
the land identified as Lots 1 and 2 on the
diagram catalogued Misc R00425 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00438 in that Office.
(10)
An area of about 6.3 hectares, being so much of
Cottadidda State Forest No 102 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00427 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00431 in
that Office,
(c)
Lots 101–103 on the diagram catalogued Misc
R00441 in that Office,
(d)
Lot 101 on the diagram catalogued Misc R00442 in
that Office.
(11)
An area of about 43.5 hectares, being so much of
Gulpa Island State Forest No 558 as is identified as follows:
(a)
Lots 101 and 102 on the diagram catalogued Misc
R00443 in the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00446 in
that Office,
(c)
Lot 101 on the diagram catalogued Misc R00447 in
that Office.
(12)
An area of about 17.7 hectares, being so much of
Millewa State Forest No 398 as is identified as Lot 101 on the diagram
catalogued Misc R00457 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(13)
An area of about 34.8 hectares, being so much of
Moira State Forest No 576 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00432 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 102 on the diagram catalogued Misc R00433 in
that Office,
(c)
Lot 101 on the diagram catalogued Misc R00450 in
that Office.
(14)
An area of about 1,682 hectares, being Niemur
State Forest No 383 dedicated by proclamation published in the NSW Government
Gazette on 30 March 1917 and Extension No 1 published 13 April
1933.
(15)
An area of about 1.1 hectares, being so much of
Noorong State Forest No 201 as is identified as Lot 101 on the diagram
catalogued Misc R00406 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(16)
An area of about 38.5 hectares, being so much of
Wetuppa State Forest No 192 as is identified as follows:
(a)
the land identified as Lots 101–104 on the
diagram catalogued Misc R00455 in the Office of Environment and Heritage,
Department of Premier and Cabinet,
(b)
the land identified as Lot 101 on the diagram
catalogued Misc R00456 in that Office.
(17)
An area of about 11.5 hectares, being so much of
Whymoul State Forest No 575 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00435 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00461 in
that Office,
(c)
Lot 102 on the diagram catalogued Misc R00469 in
that Office.
(18)
An area of about 1.5 hectares, being so much of
Woperana State Forest No 104 as is identified as Lot 101 on the diagram
catalogued Misc R00426 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(19)
An area of about 16.6 hectares, being so much of
Bama State Forest No 584 as is identified as Lots 101 and 102 on the diagram
catalogued Misc R00428 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(20)
An area of about 2.8 hectares, being so much of
Collendina State Forest No 98 as is identified as follows:
(a)
Lot 1 on the diagram catalogued Misc R00437 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00440 in
that Office.
(21)
An area of about 2.38 hectares, being so much of
Deniliquin State Forest No 397 as is identified as follows:
(a)
Lots 1–3 on the diagram catalogued Misc
R00418 in the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 1 on the diagram catalogued Misc R00419 in
that Office.
(22)
An area of about 6 hectares, being so much of
Gulpa Island State Forest No 558 as is identified as Lots 101 and 102 on the
diagram catalogued Misc R00445 in that Office.
(23)
An area of about 0.1 hectare, being so much of
Horseshoe Lagoon State Forest No 742 as is identified as Lot 101 on the
diagram catalogued Misc R00458 in the Office of Environment and Heritage,
Department of Premier and Cabinet.
(24)
An area of about 4.7 hectares, being so much of
Kyalite State Forest No 380 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00449 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lots 101–103 on the diagram catalogued Misc
R00451 in that Office.
(25)
An area of about 44.7 hectares, being so much of
Moira State Forest No 576 as is identified as follows:
(a)
Lots 1 and 2 on the diagram catalogued Misc
R00424 in the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00452 in
that Office,
(c)
Lot 101 on the diagram catalogued Misc R00453 in
that Office.
(26)
An area of about 0.6 hectare, being Mulwala State
Forest No 100 dedicated by proclamation published in the NSW Government
Gazette on 18 February 1914 and excluding the land identified as Lot 101 on
the diagram catalogued Misc R00439 in the Office of Environment and Heritage,
Department of Premier and Cabinet.
(27)
An area of about 194.1 hectares, being so much of
Benerembah State Forest No 396 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00409 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00410 in
that Office,
(c)
Lots 101–104 on the diagram catalogued Misc
R00468 in that Office.
(28)
An area of about 1.8 hectares, being so much of
Cuba State Forest No 376 as is identified as Lots 101 and 102 on the diagram
catalogued Misc R00403 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(29)
An area of about 48 hectares, being so much of
Yarradda State Forest No 668 as is identified as Lot 101 on the diagram
catalogued Misc R00436 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
(30)
An area of about 1.6 hectares, being so much of
Narrandera State Forest No 786 as is identified as follows:
(a)
Lot 101 on the diagram catalogued Misc R00404 in
the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 1 on the diagram catalogued Misc R00414 in
that Office.
(31)
An area of about 15.1 hectares, being so much of
Willbriggie State Forest No 371 as is identified as follows:
(a)
Lots 101 and 102 on the diagram catalogued Misc
R00400 in the Office of Environment and Heritage, Department of Premier and
Cabinet,
(b)
Lot 101 on the diagram catalogued Misc R00401 in
that Office,
(c)
the land identified as Lot 101 on the diagram
catalogued Misc R00402 in that Office,
(d)
the land identified as Lot 101 on the diagram
catalogued Misc R00408 in that Office.
(32)
An area of about 0.3 hectare, being so much of
Wooloondool State Forest No 520 as is identified as Lot 101 on the diagram
catalogued Misc R00434 in the Office of Environment and Heritage, Department
of Premier and Cabinet.
sch 3: Am 2012 (286),
Sch 1 [16]; 2014 (716), Sch 1 [5].
Schedule 4Forestry Commission controlled
land reserved as national park on 1 July 2010
(Section 8)
Murrumbidgee Valley National
Park
An area of about 5,889 hectares, in the Parishes
of Cudgel, Yarangery, Gogeldrie, and Dallas, County of Cooper, being the area
whose control and silvicultural management was vested in the Forestry
Commission of New South Wales by proclamations published in the NSW Government
Gazette on 7 August 1925 and 11 June 1954 under section 11A of the Forestry Act 1916.
sch 4: Am 2010 No
119, Sch 2.31.
Schedule 5State forests made subject to
the Crown Lands Act 1989 on 1 July
2010
(Sections 4 and
9)
1Barman State Forest No
638
An area of about 61 hectares, being Barman State
Forest No 638 dedicated by proclamation published in the NSW Government
Gazette on 10 May 1918.
2Benjee State Forest No
534
An area of about 173 hectares, being Benjee State
Forest No 534 dedicated by proclamation published in the NSW Government
Gazette on 3 August 1917, and Extensions Nos 1, 2 and 3 published 9 December
1927, 1 April 1932 and 11 May 1984 respectively.
3Berambong State Forest No
205
An area of about 209 hectares, being Berambong
State Forest No 205 dedicated by proclamation published in the NSW Government
Gazette on 2 March 1917, and Extension No 1 published 30 December
1983.
4Gol Gol State Forest No
979
An area of about 1,396 hectares, being Gol Gol
State Forest No 979 dedicated by proclamation published in the NSW Government
Gazette on 15 September 1961.
5Green Gully State Forest No
368
An area of about 51 hectares, being Green Gully
State Forest No 368 dedicated by proclamation published in the NSW Government
Gazette on 23 February 1917.
6McFarlands State Forest No
598
An area of about 83 hectares, being part
McFarlands State Forest No 598 dedicated by proclamation published in the NSW
Government Gazette on 22 January 1988 and republished on 3 September
1993.
7Moira State Forest No
576
An area of about 48 hectares, being part Moira
State Forest No 576 dedicated by proclamation published in the NSW Government
Gazette on 1 December 1989.
8Thule State Forest No
367
An area of about 119 hectares, being Thule State
Forest No 367 dedicated by proclamation published in the NSW Government
Gazette on 23 February 1917.
9Toms Point State Forest No
673
An area of about 183 hectares, being Toms Point
State Forest No 673 dedicated by proclamation published in the NSW Government
Gazette on 13 September 1918.
10Wahwoon State Forest No
194
An area of about 190 hectares, being Wahwoon
State Forest No 194 dedicated by proclamation published in the NSW Government
Gazette on 10 February 1915.
11Waradgery State Forest No
1026
An area of about 111 hectares, being Waradgery
State Forest No 1026 dedicated by proclamation published in the NSW Government
Gazette on 28 October 1983 and Extension No 1 published 18 July
1986.
12Woorooma State Forest No
532
An area of about 26 hectares, being Woorooma
State Forest No 532 dedicated by proclamation published in the NSW Government
Gazette on 3 August 1917.
13Woorooma East State Forest No
531
An area of about 24 hectares, being Woorooma East
State Forest No 531 dedicated by proclamation published in the NSW Government
Gazette on 3 August 1917.
14Yallakool State Forest No
1072
An area of about 498 hectares, being Yallakool
State Forest No 1072 dedicated by proclamation published in the NSW Government
Gazette on 11 November 2005.
Schedule 6State forests vested in NPW
Minister on 1 July 2010 for transfer to Aboriginal
ownership
(Sections 4 and
10)
1Banangalite State Forest Nos
88–91
An area of about 1,223 hectares being Banangalite
State Forest Nos 88–91 inclusive dedicated by proclamation published in
the NSW Government Gazette on 18 February 1914.
2Barratta Creek State Forest No
692
An area of about 221 hectares being Barratta
Creek State Forest No 692 dedicated by proclamation published in the NSW
Government Gazette on 8 November 1918, and Extension No 1 published 28 March
1924.
3Lake Victoria State Forest No
773
An area of about 4,318 hectares, being Lake
Victoria State Forest No 773 dedicated by proclamation published in the NSW
Government Gazette on 17 February 1922.
4Moorna State Forest No
775
An area of about 3,076 hectares, being Moorna
State Forest No 775 dedicated by proclamation published in the NSW Government
Gazette on 17 February 1922, Extension No 1 published 5 June 1970 and
Extension No 2 published 15 January 1971.
5Morago State Forest Nos
92–97
An area of about 959 hectares, being Morago State
Forest Nos 92–97 inclusive dedicated by proclamation published in the
NSW Government Gazette on 18 February 1914, Extension No 1 published 14
October 1988, Extension No 2 published 21 October 1988 and Extension No 3
published 25 October 2002.
6Stevens Weir State Forest No
989
An area of about 92 hectares, being Stevens Weir
State Forest No 989 dedicated by proclamation published in the NSW Government
Gazette on 4 February 1966.
7Wangumma State Forest No
774
An area of about 1,632 hectares, being Wangumma
State Forest No 774 dedicated by proclamation published in the NSW Government
Gazette on 17 February 1922.
8Werai State Forest No
384
An area of about 9,163 hectares, being Werai
State Forest No 384 dedicated by proclamation published in the NSW Government
Gazette on 27 April 1917 and Extension No 1 published 14 August
1925.
Schedule 7Land vested in the NPW
Minister reserved as state conservation area on 1 July
2010
(Section 11)
Lachlan Valley State
Conservation Area
An area of about 3,899 hectares, in the Local
Government Area of Hay, Parish of Thononga, County of Franklin, being Lots 5,
6, 12, 13, 15, 16, 17, 18, 19, 21, 22, 24, 25, 32, 41, 50, 52, 53, 55, 56, 57,
58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77,
78, 79, 90, 93, 95, 97, 98, 99, 100, 103, 104, 105, 106, 107, 110, 111, 112,
113, 114, 115 and 116, DP752995.
An area of about 870 hectares, in the Local
Government Area of Hay, Parishes of Thellangering and Yimbaring, County of
Waradgery, being Lots 8, 9, 10, 11 and 16, DP756791 and Lots 12, 13 and 14,
DP756814.
Schedule 8Change of names and
consolidation of national parks, nature reserves and state conservation areas
on 1 July 2010
(Section 12)
1Lachlan Valley National
Park
An area of about 8,173 hectares, comprising
Kalyarr National Park reserved by notice in the NSW Government Gazette on 24
June 2005.
2Lachlan Valley Nature
Reserve
An area of about 437 hectares, comprising
Goonawarra Nature Reserve reserved by notice in the NSW Government Gazette on
19 May 1967.
3Lachlan Valley State
Conservation Area
An area of about 10,846 hectares, comprising
Kalyarr State Conservation Area reserved by notice in the NSW Government
Gazette on 10 November 2006 and 15 August 2008.
4Murrumbidgee Valley National
Park
An area of about 31,190 hectares, comprising
Yanga National Park reserved by notice in the NSW Government Gazette on 28
February 2007.
5Murrumbidgee Valley Nature
Reserve
(1)
An area of about 1,773 hectares, comprising Yanga
Nature Reserve reserved by notice in the NSW Government Gazette on 28 April
1972.
(2)
An area of about 71 hectares, comprising
Narrandera Nature Reserve reserved by notice in the NSW Government Gazette on
24 September 1965, excluding the area revoked under the National Parks and Wildlife
(Amendment) Act 1969.
6Murrumbidgee Valley State
Conservation Area
An area of about 33,890 hectares, comprising
Yanga State Conservation Area reserved by notice in the NSW Government Gazette
on 28 February 2007.
Schedule 9Land transfers—ancillary
and special provisions
1Exclusion of freehold and
certain leasehold interests
(1)
The following land is not reserved by this
Act:
(a)
land that a person holds for an estate in fee
simple,
(b)
land that a person holds under a perpetual lease,
a special lease or a term lease within the meaning of the Crown
Lands (Continued Tenures) Act 1989,
(c)
land that a person holds under a lease under the
Western Lands Act
1901,
(d)
land that is comprised in an incomplete purchase
within the meaning of the Crown Lands (Continued Tenures) Act
1989,
(e)
land that has been transferred to Murrumbidgee
Irrigation Limited by operation of the order of the Minister for Land and
Water Conservation under section 78 of the Irrigation Corporations Act
1994 dated 26 June 1997.
(2)
This clause has effect despite any other
provision of this Act.
(3)
However, this clause does not apply to any
interest in land of the NPW Minister or the Water Administration Ministerial
Corporation.
2Application of
Act
(1)
This Act has effect despite the provisions of the
Forestry Act 1916 and, in particular,
despite any different procedure under that Act for the revocation of State
forests, national forests, special management zones, flora reserves or timber
reserves.
(2)
This Act has effect despite the provisions of the
National Parks and Wildlife Act 1974
and, in particular, despite any different procedure for reserving or vesting,
or revoking the reservation of, land under that Act.
3Reservation of lands as
national parks, regional parks or state conservation
areas
(1)
The lands reserved as, or as parts of, national
parks, regional parks or state conservation areas by this Act are, for the
purposes of the National Parks and Wildlife Act
1974, taken to have been so reserved by notice published
under Division 1 of Part 4 of that Act.
(2)
A reference in the National Parks and Wildlife Act 1974 to
the publication of a notice under Division 1 of Part 4 of that Act is, in
relation to a reservation of any of the lands described in Schedule 1, 4 or 7
that is effected by this Act, taken to be a reference to the commencement of
the operation of the Schedules.
(3)
A name assigned to any national park, regional
park or state conservation area by this Act is taken to have been assigned to
that land by notice published under Division 1 of Part 4 of the National Parks and Wildlife Act
1974.
(4)
Sections 35, 47D and 47R of the National Parks and Wildlife Act 1974 do
not apply to a reservation of land as, or as part of, a national park,
regional park or state conservation area that is effected by this
Act.
4Existing leases under Forestry Act 1916 affecting lands
reserved as national parks
Section 42 (2) of the National Parks and Wildlife Act 1974
applies to and in respect of a lease under the Forestry Act
1916, being a lease:
(a)
affecting any of the lands described in Schedule
1 or 4 that are reserved as, or as parts of, national parks by this Act,
and
(b)
current and in force immediately before 1 July
2010,
in the same way as that section applies to a licence or
permit under the Forestry Act
1916.
5Access roads within national
parks or regional parks
(1)
In this clause:
access
roads means the roads, tracks, trails and other means of
access referred to in subclause (2) (a)–(c).
private
land holding means land held:
(a)
by an owner within the meaning of the National Parks and Wildlife Act 1974,
or
(b)
as a holding within the meaning of the Crown Lands Act
1989.
(2)
This clause applies to and in respect of the
following access roads situated within the lands described in Schedule 1, 2 or
4 immediately before 1 July 2010:
(a)
roads of access within the meaning of section 33A
of the Forestry Act
1916,
(b)
roads, tracks, trails and other means of access
used, immediately before 1 July 2010, for access to private land holdings
within those lands,
(c)
roads, tracks, trails and other means of access
through those lands to State forests or private land holdings that adjoin or
are in the vicinity of the lands.
(3)
The access roads to which this clause applies are
not, on 1 July 2010, reserved as, or as part of, a national park or regional
park by this Act but vest in the NPW Minister on behalf of the Crown for the
purposes of Part 11 of the National Parks
and Wildlife Act 1974 for an estate in fee simple, freed
and discharged from:
(a)
all trusts, obligations, estates, interests,
rights of way or other easements, and
(b)
any dedication, reservation, Crown grant or
vesting to which the lands were subject, and any such dedication, reservation,
grant or vesting is revoked.
(4)
The access roads may continue, subject to this
clause, to be used for the purposes for which they were used immediately
before 1 July 2010.
(5)
The NPW Minister must, under section 149 of the
National Parks and Wildlife Act 1974,
grant a right of way over an access road to which this clause applies for the
benefit of a private land holding in order to replace any right of way duly
granted under section 20A of the Forestry Act
1916 for the benefit of that land holding and in force
immediately before 1 July 2010.
(6)
The NPW Minister may from time to time revoke or
vary the grant of a right of way under subclause (5).
(7)
Before 1 July 2015 the NPW Minister must, by one
or more orders published in the Gazette, declare which of the access roads to
which this clause applies:
(a)
are excluded from reservation as part of a
national park or regional park, or
(b)
are not so excluded and are reserved as part of
the national park or regional park in which they are
situated.
An order under this subclause may be published
only with the concurrence of the Minister administering the Forestry Act 1916.
(8)
On the publication of an order under subclause
(7):
(a)
the access roads that are referred to in the
order as excluded from reservation as part of a national park or regional park
remain vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 and
may, subject to this clause, continue to be used for the purposes for which
they were used immediately before 1 July 2010, and
(b)
the access roads that are not so excluded are
reserved as part of the national park or regional park within which they are
situated.
(9)
Nothing in this clause affects the exercise of
any power, authority, duty or function by the NPW Minister or any other person
under and in accordance with the National Parks
and Wildlife Act 1974 in relation to any access road to
which this clause applies.
(10)
While a private land holding is in private
ownership, nothing in this clause authorises the NPW Minister to close any
access road that comprises the only practical means of access to the land
holding.
(11)
This clause has effect despite the provisions of
the Forestry Act 1916.
6Status of land vested in NPW
Minister
(1)
Any land that is vested by this Act in the NPW
Minister for the purposes of Part 11 of the National Parks
and Wildlife Act 1974 is taken to have been acquired by
that Minister under that Part, and may be dealt with by that Minister as if it
had been so acquired.
(2)
Any such land is, to the extent that it relates
to land subject to a lease preserved by section 7 or 10, taken to be Crown
land reserved from sale for the purpose of any application by the holder of
the lease to purchase the land comprised in the lease.
7Provisions relating to
activities carried out on land vested in NPW Minister
(1)
This clause applies to and in respect of land
vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974 by
this Act.
(2)
For the avoidance of doubt, the purposes for
which the NPW Minister’s powers under section 149 of the National Parks and Wildlife Act 1974 may
be exercised in respect of land to which this clause applies include enabling
an activity to continue to be carried out that was carried out on the land
before it was so vested.
(3)
The Director-General of the Department of
Environment, Climate Change and Water may authorise the use of relevant access
roads for the purpose of enabling any lawful activity to be carried out on the
land to which this clause applies.
(4)
In this clause, relevant
access roads means roads, tracks, trails and other means of
access through any land reserved under the National Parks
and Wildlife Act 1974 to land to which this clause
applies.
8Administration of existing
interests affecting land vested in NPW Minister
(1)
The administration of matters relating to
existing interests affecting any of the lands described in Schedule 3 or 6,
and preserved by section 7 or 10, is vested in the NPW
Minister.
(2)
For the purposes of subclause (1), the NPW
Minister has the powers of the Minister administering the Crown
Lands (Continued Tenures) Act 1989 or the Western Lands Act
1901.
(3)
In this clause, existing
interest means a perpetual lease, special lease or term
lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or rights or interests
arising under an incomplete purchase within the meaning of that Act) or a
lease under the Western Lands Act
1901.
9Saving in relation to
revocations
A revocation effected by this Act does not affect
anything done or omitted to be done before the revocation takes
effect.
10Non-application of section 138
of Roads Act 1993
Section 138 of the Roads
Act 1993 does not apply to anything done under a provision
of this Act in relation to a road that is, or is on, land reserved under this
Act.
11Provisions relating to certain
existing access roads
(1)
In this clause:
access
road means an access road to which clause 5 of this Schedule
applies.
exclusion
order means an order under clause 5 (7) of this Schedule
that excludes an access road from reservation under this
Act.
(2)
At the time an exclusion order is made, the NPW
Minister may, by order published in the Gazette, determine a width (not being
a width greater than 30 metres) for an access road that is to be excluded from
reservation under this Act by the exclusion order.
(3)
An order under subclause (2) may:
(a)
be made only with the concurrence of the Minister
administering the Forestry Act 1916,
and
(b)
be made by the same order that constitutes the
exclusion order concerned, and
(c)
be made only if the NPW Minister has determined
it is appropriate after considering:
(i)
the objects of the National Parks and Wildlife Act 1974,
and
(ii)
whether a road of the determined width is
necessary to provide access to land in the vicinity of the road or to provide
an appropriate setback (within the meaning of section 13) from the carriageway
of the road.
(4)
On the making of an order under subclause
(2):
(a)
land of the determined width that follows the
centreline of the access road (as it existed before the order was made) vests,
if it is not already vested, in the NPW Minister on behalf of the Crown for
the purposes of Part 11 of the National Parks
and Wildlife Act 1974 for an estate in fee simple, freed
and discharged from:
(i)
all trusts, obligations, estates, interests,
rights of way or other easements, and
(ii)
any dedication, reservation, Crown grant or
vesting to which the land is subject, and any such dedication, reservation,
grant or vesting is revoked, and
(b)
the land referred to in paragraph (a) is taken to
be an access road and may continue to be used for the purposes for which it
was used immediately before the making of the order, and
(c)
if any land was vested in the NPW Minister by
virtue of being an access road, but is not covered by the land referred to in
paragraph (a), the land is reserved as part of the reserved land within which
it is situated.
Schedule 10
sch 10: Rep 1987 No
15, sec 30C.
Historical
notes
Table of amending
instruments
National Park
Estate (Riverina Red Gum Reservations) Act 2010 No 22.
Assented to 24.5.2010. Date of commencement, 1.7.2010, sec 2. This Act has
been amended as follows:
2010
No
119
Statute Law
(Miscellaneous Provisions) Act (No 2) 2010. Assented to
29.11.2010.
Date of commencement of Sch 2, 7.1.2011, sec 2
(2).
2012
(286)
National Park Estate (Riverina Red Gum
Reservations) Amendment (Description of Lands) Notice
2012. LW 29.6.2012.
Date of commencement, on publication on
LW.
No
96
Forestry Act
2012. Assented to 21.11.2012.
Date of commencement of Sch 4.21, 1.1.2013, sec 2 and
2012 (680) LW 21.12.2012.
2014
(716)
National Park Estate (Riverina Red Gum
Reservations) Amendment (Description of Lands) Notice
2014. LW 14.11.2014.
Date of commencement, on publication on
LW.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sec
14
Am 2012 No
96, Sch 4.21 [1].
Sec
15
Subst 2012
No 96, Sch 4.21 [2].
Sch
1
Am 2012
(286), Sch 1 [1]–[15]; 2014 (716), Sch 1
[1]–[4].
Sch
3
Am 2012
(286), Sch 1 [16]; 2014 (716), Sch 1 [5].
Sch
4
Am 2010 No
119, Sch 2.31.
Sch
10
Rep 1987 No
15, sec 30C.