NATIONAL PARKS AND WILDLIFE ACT 1974 - As at 24 October 2023 - Act 80 of 1974
- As at 24 October 2023
- Act 80 of 1974
Table of Provisions
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Division 2 - (Repealed)
None
Division 4 - Delegation
PART 3 - COUNCIL AND COMMITTEES
Division 3 - Aboriginal Cultural Heritage Advisory Committee
PART 4 - RESERVATION OF LAND
Division 1 - Reservation of land
- 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 (Repealed)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 (Repealed)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 (Repealed)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 2012
- 43 Application of Soil Conservation Act 1938
- 44 Application of Fisheries Management Act 1994
- 45 Provisions respecting animals in parks and sites
- 46 Transfer of rights, liabilities and property
47. (Repealed)
Division 8 - (Repealed)
None
59, 60. (Repealed)
67. (Repealed)
PART 4A - ABORIGINAL LAND
Division 1 - Preliminary
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 (Repealed)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
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
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 and consultation for 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 Corporation
Division 1 - General
- 90 Aboriginal heritage impact permits
- 90A Application for issue of permit
- 90B Application for transfer of permit
- 90C Grant or refusal of application
- 90D Variation of permits
- 90E Restrictions on making applications to transfer permits
- 90F Requirement for further information
- 90G Suspension or revocation of permit
- 90H Surrender of permit
- 90I Conditions of suspension, revocation or surrender
- 90J Failure to comply with conditions
- 90K Factors to be considered in making determinations regarding permits
- 90L Appeals
- 90M Date from which decision operates
- 90N Regulations relating to consultation
- 90O Interaction between permits and stop work and interim protection orders
- 90P Validity of permits
- 90Q Aboriginal Heritage Information Management System
- 90R Certain Aboriginal heritage impact permit conditions to run with the land
- 91 (Renumbered)
PART 6A - STOP WORK ORDERS, INTERIM PROTECTION ORDERS AND REMEDIATION DIRECTIONS
Division 1 - Stop work orders
- 91AA Secretary 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 3 - Remediation directions
- 91IA Cessation of operation of Division
- 91J Definitions
- 91K Directions for remedial work relating to damage to land, habitat and plants and animals
- 91L Directions for remedial work relating to harm to Aboriginal objects and places
- 91M Persons to whom directions may be given
- 91N Other ancillary actions that may be directed to be carried out
- 91O Other person may carry out remediation work if failure to comply with direction
- 91P Entry to land to carry out direction
- 91Q Failure to comply with remediation direction
- 91R Delay or obstruction of remediation direction
- 91S Recovery by person given notice
- 91T Appeals under this Division
Division 1 - Preliminary
Division 2 - Establishment, functions and operation of Trust
- 93 Establishment of Trust
- 94 Status of Trust
- 95 Trust Board
- 96 Object of Trust
- 97 Functions of Trust
- 98 Powers of Trust
- 99 Staff of Trust
- 100 Delegation by Trust
- 101 Annual reporting information for Trust
- 102 Exemption from certain State taxes
PART 10 - FINANCE
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
Division 1 - Preliminary
Division 2 - Granting of leases and licences
- 151 Leases and licences of reserved lands
- 151A Purposes for which a lease or licence may be granted
151AA. (Repealed)
- 151B Matters that Minister must consider before granting lease or licence
- 151C Leases and licences subject to conditions
- 151D Special provisions relating to leases and licences of karst conservation reserves
- 151E Special provisions relating to leases and licences of Aboriginal land
Division 3 - Miscellaneous
- 151F Public consultation regarding grant of leases and licences
- 151G Reference of certain proposed leases and licences for advice
- 151H New head leases for certain lands
- 151I Restrictions on grant of lease for residential accommodation
- 151J Register of certain interests to be publicly available
- 152 Trade within certain reserved lands
- 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 broadcasting or telecommunications facilities
- 153E Easements to repair and maintain the Border Fence
PART 12A - ASSETS OF INTERGENERATIONAL SIGNIFICANCE
PART 14 - MISCELLANEOUS
- 156A Offence of damaging reserved land
- 156B Powers of authorised officers
- 156C Exclusion of personal liability
- 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 (Renumbered)
- 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 Liability of directors etc for offences by corporation--offences attracting executive liability
- 175C Evidence as to state of mind of corporation
- 176 (Renumbered)
- 176A (Renumbered)
- 176B Ancillary offences
- 176C Liability of directors etc for offences by corporation--accessory to the commission of the offences
177. (Repealed)
- 178 Recovery of charges
- 179 (Renumbered)
- 180 Continuance of authority
- 181 (Renumbered)
- 182 Morton National Park
- 183 Macquarie Pass National Park
- 184 Bouddi National Park
- 184A TfNSW 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
- 188A General exemption for officers enforcing the Act or the regulations
- 188B Non-application of section 138 of Roads Act 1993
- 188C Adjustment of boundaries of reserved and acquired lands
- 188D Provisions relating to certain existing access roads on National Park Estate lands
- 188E Continuing effect of notices, directions and conditions of licences and permits
- 188F Public register
- 188G Public availability of register
188H. (Repealed)
PART 15 - CRIMINAL AND OTHER PROCEEDINGS
Division 1 - Proceedings for offences generally
- 189 Proceedings for offences
- 190 Time within which proceedings may be commenced
- 191 Authority to take proceedings
Division 2 - General provisions
- 192 Penalty notice for certain offences
- 193 Restraint etc of breaches of Act or regulations
- 194 Sentencing--matters to be considered in imposing penalty
- 195 Continuing offences
- 196 Onus of proof of reasonable excuse or lawful excuse
- 197 Evidentiary provisions etc
- 197A Approved cameras--offences relating to vehicles entering or using park
- 197B Information obtained by approved cameras
Division 3 - Court orders in connection with offences
- 198 Operation of Division
- 199 Orders generally
- 200 Orders for restoration and prevention
- 201 Orders for costs, expenses and compensation at time offence proved
- 202 Recovery of costs, expenses and compensation after offence proved
- 203 Orders regarding costs and expenses of investigation
- 204 Orders regarding monetary benefits
- 205 Additional orders
- 206 Offence