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 Land
Management Act 2016, 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.
s 13: Am 2017 No 17,
Sch 4.62 [7].