New South Wales Consolidated Acts

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NATIONAL PARKS AND WILDLIFE ACT 1974

- As at 4 July 2007
- Act 80 of 1974

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   2A.     Objects of Act
   3.      Act binds Crown
   4.      Repeals, amendments, savings, transitional and other provisions
   5.      Definitions
   5A.     Notes in text

   PART 2 - ADMINISTRATION

           Division 1 - National Parks and Wildlife Service

   6.      The Service
   7.      Functions of Director-General relating to reservation of land
   8.      Miscellaneous functions of Director-General
   9.      Audit and compliance
   10.     Officers and employees
   11.     Use of services of personnel of public authorities
   12.     Powers and functions of Service

           Division 2 - (Repealed)
           None

           Division 3 - Ex-officio and honorary rangers

   16.     Ex-officio rangers
   17.     Honorary rangers
   18.     Removal or suspension of ex-officio and honorary rangers
   19.     Powers and functions of ex-officio rangers
   20.     Powers and functions of honorary rangers

           Division 4 - Delegation

   21.     Delegation

   PART 3 - COUNCIL AND COMMITTEES

           Division 1 - National Parks and Wildlife Advisory Council

   22.     The Council
   23.     Functions and duties of Council

           Division 2 - Advisory committees

   24.     Constitution of advisory committees
   25.     Functions of advisory committees
   26.     Dissolution of advisory committees

           Division 3 - Aboriginal Cultural Heritage Advisory Committee

   27.     Aboriginal Cultural Heritage Advisory Committee
   28.     Functions of Committee

           Division 4 - Karst Management Advisory Committee

   29.     Constitution of Karst Management Advisory Committee
   30.     Function of Karst Management Advisory Committee

   PART 4 - RESERVATION OF LAND

           Division 1 - Reservation of land

   30A.    Governor may reserve certain land
   30B.    Land that may be reserved under this Division
   30C.    Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area
   30D.    Limitation on reservation of land as state conservation area

           Division 2 - Management principles

   30E.    National parks
   30F.    Historic sites
   30G.    State conservation areas
   30H.    Regional parks
   30I.    Karst conservation reserves
   30J.    Nature reserves
   30K.    Aboriginal areas

           Division 3 - National parks and historic sites

   31.     Care, control and management of parks and sites
   32.     (Repealed)
   33.     Reservation of parks and sites
   34.     (Repealed)
   35.     Tabling of notice of reservation, and disallowance
   36.     (Repealed)
   37.     Revocation or compulsory acquisition of park or site
   38.     Limitation on use of name “national park”
   39.     Existing interests
   40.     Restrictions on disposal of or dealing with lands within parks or sites
   41.     Mining
   42.     Application of Forestry Act 1916
   43.     Application of Soil Conservation Act 1938
   44.     Application of Fisheries Management Act 1994
   45.     Provisions respecting animals in parks and sites
   46.     Transfer of rights, liabilities and property
   47.     (Repealed)

           Division 4 - State conservation areas

   47A.    Definition
   47B.    Reservation of state conservation areas
   47BA.   (Repealed)
   47C.    Care, control and management of state conservation areas reserved under Part 4A
   47D.    Tabling of notification of reservation, and disallowance
           47E, 47F. (Repealed)
   47G.    Limitation on use of expression “state conservation area   47GA.   State conservation area trusts for certain state conservation areas
   47GB.   State conservation area trust boards
   47GC.   Power to grant leases and licences and to purchase land
   47GD.   Reports by state conservation area trusts
   47GE.   Inspection of state conservation area trust
   47GF.   Removal of trust board members and appointment of administrator
   47GG.   Dissolution of state conservation area trusts
   47H.    Existing interests
   47I.    Restrictions on dealing with land in state conservation areas
   47J.    Provisions relating to mining
   47K.    Application of certain other provisions
   47L.    Revocation or compulsory acquisition of state conservation areas
   47M.    Review of classification as state conservation area
   47MA.   Reservation of land in state conservation area as national park or nature reserve
   47N.    Special provisions relating to certain state recreation areas

           Division 5 - Regional parks

   47O.    Reservation of regional parks
   47OA.   Care, control and management of regional parks reserved under Part 4A
   47P.    Name of regional park and limitation on use of term “regional park”
   47Q.    (Repealed)
   47R.    Tabling of notice of reservation, and disallowance
   47S.    Regional park trusts
   47T.    Regional park trust boards
   47U.    Power to grant leases and licences and to purchase land
   47V.    Reports
   47W.    Inspection and audit
   47X.    Removal of trust board members or local council and appointment of administrator
   47Y.    Dissolution of regional park trusts and revocation of nomination of local councils
   47Z.    Restrictions on dealing with land within regional parks
   47ZA.   Application of certain provisions to regional parks
   47ZB.   Revocation of regional park

           Division 6 - Nature reserves

   48.     Care, control and management of nature reserves
   49.     Reservation of nature reserves
           50, 51. (Repealed)
   52.     Revocation or compulsory acquisition of nature reserve
   53.     Restrictions on disposal of or dealing with lands within nature reserves
   54.     Mining
   55.     Application of Forestry Act 1916
   56.     Provisions respecting animals in nature reserves
   57.     Restrictions as to timber, vegetation, plants etc in nature reserves
   58.     Application of certain provisions to nature reserves
           58A-58J. (Repealed)

           Division 7 - Karst conservation reserves

   58K.    Reservation of karst conservation reserves
   58L.    (Repealed)
   58M.    Revocation or compulsory acquisition of karst conservation reserve
   58N.    Restriction on disposal of or dealing with lands within karst conservation reserves
   58O.    Mining
   58P.    Application of Forestry Act 1916
   58Q.    Provisions respecting animals in karst conservation reserves
   58R.    Restrictions as to timber, vegetation, plants etc in karst conservation reserves
   58S.    Application of certain provisions to karst conservation reserves

           Division 8 - (Repealed)
           None

           Division 9 - Wild rivers

           59, 60. (Repealed)
   61.     Declaration of wild rivers
   61A.    Effect of declaration of wild river

           Division 10 - Aboriginal areas

   62.     Reservation of Aboriginal areas
   63.     Care, control and management of Aboriginal areas
   64.     Mining
           65, 66. (Repealed)

           Division 11 - Wildlife refuges

   67.     (Repealed)
   68.     Wildlife refuges
   69.     (Repealed)

           Division 12 - Conservation agreements

   69A.    Definitions
   69B.    Conservation agreements
   69C.    Purpose and content of agreements
   69D.    Duration and variation of agreements
   69E.    Agreements to run with land
   69F.    Registration of agreements
   69G.    Enforcement of agreements
   69H.    Register of agreements
   69I.    Proposals by statutory authorities affecting conservation areas
   69J.    Resolution of certain disputes
   69K.    Exhibition of proposed agreements
   69KA.   Application of Environmental Planning and Assessment Act 1979

           Division 13 - Offences relating to wildlife refuges and conservation areas

   70.     Fauna in wildlife refuges and other areas
   71.     Native plants in wildlife refuges, conservation areas and certain wilderness areas

   PART 4A - ABORIGINAL LAND

           Division 1 - Preliminary

   71B.    Definitions
   71C.    Purpose of Part
   71D.    Recognition of cultural significance of certain lands to Aboriginals

           Division 2 - Negotiations for lease

   71E.    Application of Division
   71F.    Purpose of negotiations
   71G.    Selection of representatives for negotiations before Aboriginal owners identified
   71H.    Selection of representatives for negotiations after Aboriginal owners identified
   71I.    Role of Aboriginal negotiating panel
   71J.    Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
   71K.    Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
   71L.    Preference to vesting in Local Aboriginal Land Council-Schedule 14 lands

           Division 3 - Vesting and reservation of Schedule 14 lands

   71M.    Application of Division
   71N.    Tabling of proposal if change of land classification involved
   71O.    Vesting and reservation of Schedule 14 lands
   71P.    Effect of publication of proclamation
   71Q.    Certain other consequences of publication of proclamation
   71R.    Certain provisions not to apply to lands reserved under this Division
   71S.    Application of certain provisions to lands reserved under this Division
   71T.    (Repealed)
   71U.    Name of Schedule 14 lands
   71V.    No consideration payable by Aboriginal Land Council on vesting of lands
   71W.    Reservation of part only of Schedule 14 lands

           Division 4 - Reservation or dedication of ALR Act lands

   71X.    Application of Division
   71Y.    Reservation of ALR Act lands
   71Z.    Effect of publication of notice
   71AA.   Certain other consequences of publication of proclamation
   71AB.   Applications of certain provisions to ALR Act lands

           Division 5 - Provisions as to leases

   71AC.   Application of Division
   71AD.   Matters to be covered in lease between Aboriginal Land Council and Minister
   71AE.   Rent payable under lease
   71AF.   Dating of lease
   71AG.   Registrar-General to enter particulars of vesting and lease in register
   71AH.   Regular review of lease required
   71AI.   Re-negotiation of lease before expiry of lease term
   71AJ.   Dating and registration of re-negotiated lease
   71AK.   Variation of lease
   71AL.   Holding over under lease

           Division 6 - Boards of management

   71AM.   Application of Division
   71AN.   Boards of management
   71AO.   Functions of boards of management
   71AP.   Term of office of board members
   71AQ.   Board of management to keep accounts

           Division 7 - Addition of lands to Schedule 14

   71AR.   Application of Division
   71AS.   Proposals for additions to Schedule 14
   71AT.   Assessment of proposals
   71AU.   Report to Minister
   71AV.   Consideration of report by Minister
   71AW.   Listing of additional lands in Schedule 14

           Division 8 - Addition of lands to Schedule 14 lands or ALR Act lands leased under Part

   71AX.   Application of Division
   71AY.   Definition of “area”
   71AZ.   Additions may be made to reserved lands leased under Part
   71BA.   Addition of lands already reserved under Act
   71BB.   Tabling of proclamation to add lands if change of land classification involved
   71BC.   Addition of lands not already reserved under Act
   71BD.   Application of certain provisions to additional lands
   71BE.   Review of lease after addition of lands

           Division 9 - Miscellaneous

   71BF.   Application of Division
   71BG.   Aboriginal Land Councils to act with agreement of Aboriginal owner board members
   71BH.   Regard to be had to interests of Aboriginal owners
   71BI.   Land management activities subject to native title
   71BJ.   Arbitration of disputes
   71BK.   Dissolution of Local Aboriginal Land Council
   71BL.   Status of leased lands and board of management
   71BM.   Omission of land from Schedule 14
   71BN.   Review of Part

   PART 5 - PLANS OF MANAGEMENT

   71BO.   Definitions
   72.     Preparation of plans of management
   72AA.   Objectives and content of plans of management
   72A.    Plans of management for combined areas and areas adjoining State borders
   73.     State forests
   73A.    Public exhibition of and consultation on plans of management
   73B.    Adoption, amendment and cancellation of plans of management
   74.     Catchment areas and special areas-generally
   75.     Special areas under the Hunter Water Act 1991-joint preparation and approval of plans of management
           75A-79. (Repealed)
   79A.    Lapsing of plans of management
   80.     Lands submerged by water
   81.     Operations under plan of management
   81A.    Leases, licences and easements subject to plan of management
   82.     Concurrence of Forestry Commission

   PART 6 - ABORIGINAL OBJECTS AND ABORIGINAL PLACES

   83.     Certain Aboriginal objects to be Crown property
   84.     Aboriginal places
   85.     Director-General’s responsibilities as to Aboriginal objects and Aboriginal places
   85A.    Transfer of Aboriginal objects
   86.     Offences relating to Aboriginal objects
   87.     Permits relating to Aboriginal objects
   88.     Australian Museum Trust to have custody of certain Aboriginal objects
   89.     Preservation or exhibition of certain Aboriginal objects
   90.     Destruction etc of Aboriginal objects or Aboriginal places
   91.     Notification of sites of Aboriginal objects

   PART 6A - STOP WORK ORDERS AND INTERIM PROTECTION ORDERS

           Division 1 - Stop work orders

   91AA.   Director-General may make stop work order
   91BB.   Prior notification of making of stop work order not required
   91CC.   Appeal to Minister
   91DD.   Extension of stop work order
   91EE.   Consultation about modification of proposed detrimental action
   91FF.   Order prevails over other instruments

           Division 2 - Interim protection orders

   91A.    Interim protection of areas having significant values
   91B.    Interim protection orders
   91C.    Notice of intention to make order not required
   91D.    Duration of interim protection order
   91E.    Revocation of interim protection order
   91F.    Notice of making of interim protection order
   91G.    Failure to comply with interim protection order
   91H.    Appeal against order
   91I.    Register of orders

   PART 7 - FAUNA

   92.     Director-General’s responsibilities as to fauna
           92A-92E. (Repealed)
   93.     Amendment of Schedule 11 (unprotected fauna)
   94.     Amendment of Schedule 12 (threatened interstate fauna)
           94A, 95. (Repealed)
   96.     Locally unprotected fauna
   97.     Certain protected fauna to be property of the Crown
   98.     Harming protected fauna, other than threatened species, endangered populations or endangered ecological communities
   99.     Harming threatened interstate fauna
   99A.    Directions relating to protected fauna
   100.    Further provisions respecting harming protected fauna (including threatened interstate fauna)
   101.    Buying, selling or possessing protected fauna
   102.    Directions respecting protected fauna in confinement
   103.    Harming fauna for sale
   104.    Fauna dealers
   105.    Skin dealers
   105A.   Emu Breeders
   106.    Importing or exporting protected fauna
   107.    Exhibiting protected fauna
   108.    (Repealed)
   109.    Unlawful liberation of animals
   110.    Use of certain substances for harming fauna
   111.    Method of shooting fauna
   112.    Harming snakes

   PART 7A - MARINE MAMMALS-SPECIAL PROVISIONS

   112A.   Constitution of Marine Mammals Advisory Committee
   112B.   Functions of the Marine Mammals Advisory Committee
   112C.   Preparation of plans of management for marine mammals
   112D.   Adoption etc of plan of management for marine mammals
   112E.   Carrying out of plan of management
   112F.   Restriction on issue of licences to take marine mammals for exhibition etc
   112G.   Approaching marine mammal

   PART 8 - NATIVE PLANTS

   113.    Definitions
   114.    Director-General’s responsibilities as to native plants
   115.    Amendment of Schedule 13 (protected native plants)
   115A.   Management plans for protected native plants
   116.    Restriction as to licences under Forestry Act 1916
   117.    Restriction on picking or possession of native plant
   118.    Restriction on selling of native plant

   PART 8A - THREATENED SPECIES, POPULATIONS AND ECOLOGICAL COMMUNITIES, AND THEIR HABITATS, AND CRITICAL HABITAT

   118A.   Harming or picking threatened species, endangered populations or endangered ecological communities
   118B.   Buying, selling or possessing threatened species or endangered population
   118C.   Damage to critical habitat
   118D.   Damage to habitat of threatened species, endangered populations or endangered ecological communities
   118E.   Court may order offender to restore habitat and take other actions
   118F.   Definitions
   118G.   Defences

   PART 9 - LICENSING IN RESPECT OF FAUNA, NATIVE PLANTS AND THREATENED SPECIES

           Division 1 - Preliminary

   119.    Definitions

           Division 2 - Fauna

   120.    General licence
   121.    Occupier’s licence
   122.    (Repealed)
   123.    Trapper’s licence
   124.    Fauna dealer’s licence
   125.    Skin dealer’s licence
   125A.   Emu licence
   126.    Import and export licences
   127.    Licence to liberate animals
   128.    Aviary registration certificates
   129.    Certain licences authorising shooting etc in national parks etc
   130.    Certain licences and certificates deemed to authorise possession

           Division 3 - Native plants

   131.    Licence to pick protected native plants
   132.    Licence to grow native plants for sale
   132A.   Import and export licences for protected native plants
   132B.   Classes of licences

           Division 3A - Scientific licences

   132C.   Scientific licences
   132D.   Licence authorises certain actions
   132E.   Definitions

           Division 4 - General

   133.    Conditions and restrictions attaching to licences and certificates and variation of licences and certificates
   134.    Cancellation of licence or certificate
   135.    Appeal
   136.    Licences do not authorise entry etc

   PART 10 - FINANCE

   137.    National Parks and Wildlife Fund
   138.    Payments into Fund
   139.    Payments out of Fund
   140.    Community service contribution
   141.    Payment of rates to rural lands protection boards in Western Division
   142.    Royalty
   143.    Charges and fees
   144.    (Repealed)
   144A.   Overdue community service contributions, charges, fees and other money
   144B.   Annual report

   PART 11 - ACQUISITION AND DISPOSAL OF PROPERTY

   145.    Acquisition of land for reservation or other purposes
   146.    Acquisition or occupation of lands for certain purposes
   147.    Application of Public Works Act 1912
   148.    Power of Minister to accept gifts
   149.    Disposal of property
   150.    Minister to be corporation sole for certain purposes

   PART 12 - LEASES, LICENCES, EASEMENTS ETC

   151.    Leases of and licences over reserved or dedicated lands
   151A.   New head leases for certain lands
   151AA.  Leases of land in Kosciuszko National Park ski resort areas
   151B.   Leases and licences of reserved land in accordance with plan of management
   151C.   Restrictions on grant of lease for residential accommodation
   151D.   Register of certain interests to be publicly available
   152.    Trade within a national park or historic site
   153.    Easements
   153A.   Leases etc relating to wilderness areas
   153B.   Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
   153C.   Easements, rights of way and licences for landlocked areas
   153D.   Leases, licences and easements for telecommunications facilities

   PART 13 - REGULATIONS

   154.    Regulations
   155.    Regulations relating to parks
   155A.   Kosciuszko National Park
   156.    General provisions

   PART 14 - MISCELLANEOUS

   156A.   Offence of damaging reserved land
   156B.   Powers of authorised officers
   157.    Requirement to state name and address
   158.    Requirement for owner of motor vehicle and others to give information
   159.    Liability of vehicle owner for parking offences
   159A.   Liability of landholder for certain harming and picking offences
   159B.   Causing or permitting certain harming and picking offences
   160.    Penalty notice for certain offences
   160A.   Removal of unauthorised structures and occupiers
   160B.   Forfeiture of unauthorised structures and their contents
   160C.   Cost of removing structures and contents
   160D.   Notice to state interest in structure or contents
   160E.   Notice to remove structure
   160F.   Notice prohibiting use of structure
   161.    Restriction on release of certain information
           161A-162. (Repealed)
   163.    Application of Companion Animals Act 1998
   163A.   (Repealed)
   163B.   Application of certain Acts
   164.    Powers of entry and seizure
   165.    Persons to deliver up fauna etc when required
   166.    Definition of “article” for secs 164 and 165
   167.    Disposal of fauna and perishable goods when seized or delivered up
   168.    Disposal of property seized or delivered up
   169.    Impersonating, assaulting, resisting or obstructing an officer etc
   170.    Corruption
   171.    Authority to harm or pick
   172.    Police officers
   173.    (Repealed)
   174.    Service of notices
   175.    General offence and penalties
   175A.   Offences by directors or managers of corporations
   175B.   Offences by corporations
   176.    Proceedings for offences
   176A.   Restraint etc of breaches of Act
   177.    Compensation
   178.    Recovery of charges
   179.    Authority to take proceedings
   180.    Continuance of authority
   181.    Evidentiary provisions etc
   182.    Morton National Park
   183.    Macquarie Pass National Park
   184.    Bouddi National Park
   184A.   RTA roads within Kosciuszko National Park
   185.    Catchment areas and special areas
   185A.   Special areas under the Hunter Water Act 1991
   186.    Requirement for examination
   187.    Administration of existing interests in reserved land
   188.    Administration of existing telecommunications interests
           Schedule 2 (Repealed)
           SCHEDULE 3
           SCHEDULE 4
           Schedule 6 (Repealed)
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 8A
           Schedule 8B (Repealed)
           SCHEDULE 9
           SCHEDULE 9A
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12
           Schedule 12A (Repealed)
           SCHEDULE 13
           SCHEDULE 14
           SCHEDULE 15
           SCHEDULE 16


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