{"id":"nsw:act-2005-056","name":"Brigalow and Nandewar Community Conservation Area Act 2005","slug":"brigalow-and-nandewar-community-conservation-area-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"56 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104688,"registerId":"nsw-act-2005-056-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on 1 December 2005, except as provided by subsection (2).\n> \n> > (2) The following provisions of this Act commence, or are taken to have commenced, on 1 July 2005:\n> > \n> > > (a) Part 1, Division 1 of Part 3, Part 5 and Schedule 10,\n> > \n> > > (b) Schedule 12 (except Schedule 12.4).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are:\n> \n> > (a) to reserve forested land in the Brigalow and Nandewar area to create a Community Conservation Area that provides for permanent conservation of land, protection of areas of natural and cultural heritage significance to Aboriginal people and sustainable forestry, mining and other appropriate uses, and\n> \n> > (b) to give local communities a strong involvement in the management of that land.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act:\n> > \n> > Advisory Committee means a Community Conservation Advisory Committee established under Division 2 of Part 3.\n> > \n> > commencement of this Act means 1 December 2005.\n> > \n> > Community Conservation Area means the area of the State described in the map at the end of this section.\n> > \n> > Community Conservation Area Agreement means an agreement in force under Part 4.\n> > \n> > Community Conservation Council means the Brigalow and Nandewar Community Conservation Council established under Division 1 of Part 3.\n> > \n> > Crown land has the same meaning as in the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> > \n> > State forest means land dedicated under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) (or under the former [Forestry Act 1909](/view/pdf/asmade/act-1909-6)) as State forest, being a dedication that is in force.\n> > \n> > Zone 1 of the Community Conservation Area means the land described or referred to in Schedule 1—Conservation and Recreation Zone.\n> > \n> > Zone 2 of the Community Conservation Area means the land described or referred to in Schedule 2—Conservation and Aboriginal Culture Zone.\n> > \n> > Zone 3 of the Community Conservation Area means the land described or referred to in Schedule 3—Conservation, Recreation and Mineral Extraction Zone.\n> > \n> > Zone 4 of the Community Conservation Area means the land described or referred to in Schedule 4—Forestry, Recreation and Mineral Extraction Zone.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> Brigalow and Nandewar Community Conservation Area\n> \n> ![](/image/((Type%3D%22act%22)%20AND%20(No%3D056)%20AND%20(Year%3D2005)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> \n> **s 4:** Am 2017 No 17, Sch 4.9 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Community Conservation Area","content":"# Part 2 The Community Conservation Area\n\nPart 2 The Community Conservation Area","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Zone 1—Conservation and recreation","content":"## Division 1 Zone 1—Conservation and recreation\n\nDivision 1 Zone 1—Conservation and recreation","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Reservation of former State forests as national park","content":"#### 5 Reservation of former State forests as national park\n\n5 Reservation of former State forests as national park\n\n> The lands described in Part 1 of Schedule 1 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as national park.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Reservation of Crown land as national park","content":"#### 6 Reservation of Crown land as national park\n\n6 Reservation of Crown land as national park\n\n> The lands described in Part 2 of Schedule 1 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as national park.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Reservation of NPW Minister land as national park","content":"#### 7 Reservation of NPW Minister land as national park\n\n7 Reservation of NPW Minister land as national park\n\n> The lands described in Part 3 of Schedule 1 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as national park.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Zone 2—Conservation and Aboriginal culture","content":"## Division 2 Zone 2—Conservation and Aboriginal culture\n\nDivision 2 Zone 2—Conservation and Aboriginal culture","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Reservation of former State forest as Aboriginal area","content":"#### 8 Reservation of former State forest as Aboriginal area\n\n8 Reservation of former State forest as Aboriginal area\n\n> The lands described in Part 1 of Schedule 2 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as Aboriginal area.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Zone 3—Conservation, recreation and mineral extraction","content":"## Division 3 Zone 3—Conservation, recreation and mineral extraction\n\nDivision 3 Zone 3—Conservation, recreation and mineral extraction","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Reservation of former State forest as state conservation area","content":"#### 9 Reservation of former State forest as state conservation area\n\n9 Reservation of former State forest as state conservation area\n\n> > (1) The lands described in Part 1 of Schedule 3 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as state conservation area.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Reservation of Crown land as state conservation area","content":"#### 10 Reservation of Crown land as state conservation area\n\n10 Reservation of Crown land as state conservation area\n\n> The lands described in Part 2 of Schedule 3 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as state conservation area.","sortOrder":14},{"sectionNumber":"Division 4","sectionType":"division","heading":"Zone 4—Forestry, recreation and mineral extraction","content":"## Division 4 Zone 4—Forestry, recreation and mineral extraction\n\nDivision 4 Zone 4—Forestry, recreation and mineral extraction","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"State forests in Zone 4","content":"#### 11 State forests in Zone 4\n\n11 State forests in Zone 4\n\n> Schedule 4 describes land within areas of State forests that is within Zone 4.","sortOrder":16},{"sectionNumber":"Division 5","sectionType":"division","heading":"Vesting in NPW Minister and other reservations","content":"## Division 5 Vesting in NPW Minister and other reservations\n\nDivision 5 Vesting in NPW Minister and other reservations","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Vesting in NPW Minister of certain former State forests","content":"#### 12 Vesting in NPW Minister of certain former State forests\n\n12 Vesting in NPW Minister of certain former State forests\n\n> > (1) The lands described in Schedule 5 vest in the Minister administering the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) on behalf of the Crown for the purposes of Part 11 of that Act for an estate in fee simple, freed and discharged from:\n> > \n> > > (a) all trusts, obligations, estates, interests, rights of way or other easements, and\n> > \n> > > (b) any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.\n> \n> > (2) Despite subsection (1), lands described in Schedule 5 are not freed and discharged from any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind) to which the lands were subject immediately before their vesting under this section.\n> \n> > (3) Divisions 1–3 do not apply to land described in Part 1 of Schedules 1–3 (or in Schedule 6) that is also described in Schedule 5.\n> \n> **s 12:** Am 2017 No 17, Sch 4.9 \\[2\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Reservation of former State forests as part of existing national parks","content":"#### 13 Reservation of former State forests as part of existing national parks\n\n13 Reservation of former State forests as part of existing national parks\n\n> The lands described in Schedule 6 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as part of national parks (as indicated in that Schedule).","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Reservation of Crown land as part of existing national parks or nature reserves","content":"#### 14 Reservation of Crown land as part of existing national parks or nature reserves\n\n14 Reservation of Crown land as part of existing national parks or nature reserves\n\n> The lands described in Schedule 7 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as part of national parks or nature reserves (as indicated in that Schedule).","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Reservation of NPW Minister land as part of existing or new national park or nature reserve","content":"#### 15 Reservation of NPW Minister land as part of existing or new national park or nature reserve\n\n15 Reservation of NPW Minister land as part of existing or new national park or nature reserve\n\n> The lands described in Schedule 8 are reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as, or as part of, national parks or nature reserves (as indicated in that Schedule).","sortOrder":21},{"sectionNumber":"Division 6","sectionType":"division","heading":"General","content":"## Division 6 General\n\nDivision 6 General","sortOrder":22},{"sectionNumber":"16","sectionType":"section","heading":"Future additions to zones of Community Conservation Area","content":"#### 16 Future additions to zones of Community Conservation Area\n\n16 Future additions to zones of Community Conservation Area\n\n> > (1) The Governor may, by proclamation published on the NSW legislation website, amend Schedule 1, 2, 3 or 4 to add descriptions of land in the Community Conservation Area to:\n> > \n> > > (a) Part 4 of Schedule 1, or\n> > \n> > > (b) Part 2 of Schedule 2, or\n> > \n> > > (c) Part 3 of Schedule 3, or\n> > \n> > > (d) Schedule 4.\n> \n> > (2) Land may only be added to Schedule 1, 2 or 3 if:\n> > \n> > > (a) it is the whole or any part of land reserved under Part 4 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (b) it is land vested in Her Majesty, or the Minister administering the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) on behalf of the Crown, for the purposes of Part 11 of that Act.\n> \n> > (3) Land may only be added to Schedule 4 if it is the whole or any part of State forest.\n> \n> > (4) Land (or part of land) described in Schedule 3 may be omitted from Schedule 3 by a proclamation under this section that adds that land (or part) to Part 4 of Schedule 1 following its reservation as national park under section 47MA of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> **s 16:** Am 2009 No 56, Sch 4.7 \\[1\\].","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Land ceasing to be in zone of Community Conservation Area","content":"#### 17 Land ceasing to be in zone of Community Conservation Area\n\n17 Land ceasing to be in zone of Community Conservation Area\n\n> > (1) Land in Zone 1, 2 or 3 ceases to be in that zone if its reservation as national park, Aboriginal area or state conservation area is revoked by or under an Act of Parliament. This subsection is subject to section 16 (4).\n> \n> > (2) Land in Zone 4 ceases to be in that zone if it ceases to be State forest.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Community Conservation Area not to be declared wilderness areas","content":"#### 18 Community Conservation Area not to be declared wilderness areas\n\n18 Community Conservation Area not to be declared wilderness areas\n\n> Land in Zone 1, 2, 3 or 4 is not eligible to be identified or proposed for identification, or declared, as a wilderness area under the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196) or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Zone 1, 2 or 3 land not eligible for nomination as Schedule 14 land under NPW Act","content":"#### 19 Zone 1, 2 or 3 land not eligible for nomination as Schedule 14 land under NPW Act\n\n19 Zone 1, 2 or 3 land not eligible for nomination as Schedule 14 land under NPW Act\n\n> Land in Zone 1, 2 or 3 is not eligible to be proposed under section 71AS of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) for listing in Schedule 14 to that Act.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Revocation of State forests (and any flora reserves, national forests or special management zones)","content":"#### 20 Revocation of State forests (and any flora reserves, national forests or special management zones)\n\n20 Revocation of State forests (and any flora reserves, national forests or special management zones)\n\n> > (1) The dedication as State forest of the following lands is revoked:\n> > \n> > > (a) lands described in Part 1 of Schedule 1,\n> > \n> > > (b) lands described in Part 1 of Schedule 2,\n> > \n> > > (c) lands described in Part 1 of Schedule 3,\n> > \n> > > (d) lands described in Schedule 5,\n> > \n> > > (e) lands described in Schedule 6.\n> \n> > (2) Any notices under section 25A of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) that set apart, as flora reserves, areas of State forests whose dedication is revoked by subsection (1) are also 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.\n> \n> > (3) Any notices under section 21A of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) that declare, as special management zones, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, 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.\n> \n> > (4) Any notifications under section 19A of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) that declare, as national forests, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, 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.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Revocation of timber reserves","content":"#### 21 Revocation of timber reserves\n\n21 Revocation of timber reserves\n\n> Any timber reserves (within the meaning of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055)) with respect to land described in Part 2 of Schedule 1, Part 2 of Schedule 3 or Schedule 7 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.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Adjustment of description of transferred land","content":"#### 22 Adjustment of description of transferred land\n\n22 Adjustment of description of transferred land\n\n> > (1) The description of any land described in the following Schedules (a relevant Schedule) may be adjusted in accordance with this section:\n> > \n> > > (a) Parts 1–3 of Schedule 1,\n> > \n> > > (b) Part 1 of Schedule 2,\n> > \n> > > (c) Parts 1 and 2 of Schedule 3,\n> > \n> > > (d) Schedules 4–8.\n> \n> > (2) A description of land may be adjusted from time to time:\n> > \n> > > (a) to alter the boundaries of the land for the purposes of the effective management of the 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\n> > \n> > > (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 set back from the carriageway of the road, or\n> > \n> > > (c) to include, remove or change a description of any easement or restriction to which the land is subject, or\n> > \n> > > (d) to provide a more detailed description of the boundaries of the land.\n> \n> > (3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment and Conservation by a notice published on the NSW legislation website that amends a relevant Schedule.\n> \n> > (4) A notice under this section may only be published with the approval of:\n> > \n> > > (a) the Minister administering the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and\n> > \n> > > (b) the Minister administering the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), and\n> > \n> > > (c) to the extent that the notice applies to any Crown land reserved for use as a road—the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and\n> > \n> > > (d) to the extent that the notice applies to a classified road—the Minister administering the provisions of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) relating to classified roads.\n> \n> > (5) The Director-General of the Department of Environment and Conservation 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 the land reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or as State forest.\n> \n> > (6) An adjustment of the description of land may only be made before:\n> > \n> > > (a) 31 December 2005, except as provided by paragraph (b), or\n> > \n> > > (b) 31 December 2011, in the case of an adjustment of the description of the boundary of land adjoining a public road.\n> \n> > (7) If any of the land described in a relevant Schedule on the commencement of this Act 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.\n> \n> > (8) If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of this Act, the land concerned is taken to have been subject, on and from the commencement of this Act, to the provisions of this Act applying to land described in the relevant Schedule.\n> \n> > (9) The Director-General of the Department of Environment and Conservation may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:\n> > \n> > > (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](/view/html/inforce/current/act-1993-033) or is Crown land, or\n> > \n> > > (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.\n> > \n> > A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (9A) This section extends to land included in Schedule 1, 2 or 3 by the [National Park Estate (South-Western Cypress Reservations) Act 2010](/view/html/inforce/current/act-2010-112). For that purpose, an adjustment may be made under this section at any time before 1 January 2014.\n> \n> > (10) In this section:\n> > \n> > classified road and public road have the same meanings as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> > \n> > land adjoining a public road includes land in the vicinity of a public road.\n> \n> **s 22:** Am 2009 No 56, Sch 4.7 \\[2\\]; 2010 No 112, Sch 7 \\[1\\]; 2017 No 17, Sch 4.9 \\[3\\].","sortOrder":29},{"sectionNumber":"22A","sectionType":"section","heading":"Review of classification as Zone 3","content":"#### 22A Review of classification as Zone 3\n\n22A Review of classification as Zone 3\n\n> > (1) This section applies to land within Zone 3 of the Community Conservation Area that was reserved by the [National Park Estate (South-Western Cypress Reservations) Act 2010](/view/html/inforce/current/act-2010-112).\n> \n> > (2) The Director-General of the Department of Environment, Climate Change and Water and the Director-General of the Department of Industry and Investment are required to conduct a joint review, before 1 January 2012, of the status of the land to which this section applies.\n> \n> > (3) The review is to determine which areas of the land should remain as Zone 3 and which areas of the land should be reserved as Zone 1, having regard to evidence of the mineral values of the land. The determination (and the reasons for the determination) are required to be publicly notified by those Directors-General.\n> \n> > (4) On 1 January 2012, the land to which this section applies (other than any land which it is determined under subsection (3) should remain as Zone 3) is taken to be reserved as Zone 1 under this Act (and the reservation of the land as Zone 3 is revoked).\n> \n> > (5) A determination under this section may apply to part only of a particular description of land within Zone 3.\n> \n> > (6) The Director-General of the Department of Environment, Climate Change and Water may, by notice published on the NSW legislation website, amend Schedules 1 and 3 to give effect to subsection (4) and to make any necessary consequential changes.\n> \n> **s 22A:** Ins 2010 No 112, Sch 7 \\[2\\].","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Land transfers—ancillary and special provisions","content":"#### 23 Land transfers—ancillary and special provisions\n\n23 Land transfers—ancillary and special provisions\n\n> Schedule 9 has effect.","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Community Conservation Council and Advisory Committees","content":"# Part 3 Community Conservation Council and Advisory Committees\n\nPart 3 Community Conservation Council and Advisory Committees","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Establishment of Council","content":"#### 24 Establishment of Council\n\n24 Establishment of Council\n\n> > (1) There is established by this section the Brigalow and Nandewar Community Conservation Council.\n> \n> > (2) The Community Conservation Council is, in the exercise of its functions, subject to the control and direction of the Premier.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Membership and procedure of Council","content":"#### 25 Membership and procedure of Council\n\n25 Membership and procedure of Council\n\n> > (1) The Community Conservation Council consists of:\n> > \n> > > (a) the Director-General of the Premier’s Department, who is to be the Chairperson of the Council, and\n> > \n> > > (b) the Director-General of the Department of Environment and Conservation, and\n> > \n> > > (c) the Director-General of the Department of Primary Industries, and\n> > \n> > > (d) the Director-General of the Department of Infrastructure, Planning and Natural Resources.\n> \n> > (2) Schedule 10 has effect with respect to the members and procedure of the Community Conservation Council.","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Functions of Council","content":"#### 26 Functions of Council\n\n26 Functions of Council\n\n> > (1) The Community Conservation Council has such functions as are conferred or imposed on it by or under this or any other Act.\n> \n> > (2) In particular, the Community Conservation Council has the following functions:\n> > \n> > > (a) to develop a Community Conservation Area Agreement under Part 4,\n> > \n> > > (b) to implement, or co-ordinate the implementation of, and monitor the achievements of, government policy objectives in respect of the Community Conservation Area.\n> \n> > (3) The Community Conservation Council may, for the purpose of exercising its functions, arrange for the use of the services of any staff (by secondment or otherwise) or facilities of any government department or public or local authority.\n> \n> > (4) The Community Conservation Council may delegate the exercise of any of its functions (other than this power of delegation) to any person.","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Establishment of Advisory Committees","content":"#### 27 Establishment of Advisory Committees\n\n27 Establishment of Advisory Committees\n\n> There is established by this section the following Community Conservation Advisory Committees:\n> \n> > (a) the Border Rivers/Gwydir Community Conservation Advisory Committee (constituted in respect of that part of the Community Conservation Area shown on the map at the end of section 4), and\n> \n> > (b) the Namoi Community Conservation Advisory Committee (constituted in respect of that part of the Community Conservation Area shown on that map), and\n> \n> > (c) the Central West Community Conservation Advisory Committee (constituted in respect of that part of the Community Conservation Area shown on that map).","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Membership and procedure of Advisory Committees","content":"#### 28 Membership and procedure of Advisory Committees\n\n28 Membership and procedure of Advisory Committees\n\n> > (1) An Advisory Committee consists of 15 members appointed by the relevant Ministers.\n> \n> > (2) Of those members:\n> > \n> > > (a) one is to be the chair of the local board constituted under the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) within the relevant area for which the Committee is constituted, and\n> > \n> > > (b) one member is to represent the interests of local government, and\n> > \n> > > (c) one member is to represent the interests of the forestry industry, and\n> > \n> > > (d) one member is to represent the interests of the mining industry, and\n> > \n> > > (e) one member is to represent the interests of the apiary industry, and\n> > \n> > > (f) one member is to represent the interests of local farmers, and\n> > \n> > > (g) one member is to represent the interests of local recreational users, and\n> > \n> > > (h) two members are to represent the interests of Aboriginal people, and\n> > \n> > > (i) two members are to have relevant scientific expertise, and\n> > \n> > > (j) three members are to represent the interests of local environmental groups, and\n> > \n> > > (k) one member is to be a member of the National Park and Wildlife Regional Advisory Committee constituted under section 24 (2) of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) in relation to the Community Conservation Area.\n> \n> > (3) One of the members of an Advisory Committee is, by the instrument of the member’s appointment to the Committee or by a subsequent instrument, to be appointed by the relevant Ministers as Chairperson of the Committee.\n> \n> > (4) Schedule 11 has effect with respect to the members and procedure of an Advisory Committee.\n> \n> > (5) For the purposes of this Division and Schedule 11, the relevant Ministers are the Minister administering the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) and the Minister administering the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).\n> \n> > (6) For the purposes of subsection (2) (a), if parts of two or more regions are located in the relevant area for which the Committee is constituted, the chair of the local board for the region that has the greater part in the relevant area is to be the member of the Committee.\n> \n> > (7) A member of the Committee who held office under subsection (2) (a) immediately before its substitution by the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) ceases to hold office on that substitution. Any such member is not entitled to any remuneration or compensation because of that loss of office, but is eligible (if otherwise qualified) to be appointed as a member of the Committee under that paragraph as substituted.\n> \n> **s 28:** Am 2013 No 51, Sch 7.6 \\[1\\] \\[2\\].","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Functions of Advisory Committee","content":"#### 29 Functions of Advisory Committee\n\n29 Functions of Advisory Committee\n\n> > (1) A Community Conservation Advisory Committee has the function of advising the Community Conservation Council on the provisions of the Community Conservation Area Agreement applicable to the relevant area for which the Committee is constituted.\n> \n> > (2) An Advisory Committee has such other advisory functions with respect to the Community Conservation Area as the relevant Ministers determine.","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Community Conservation Area Agreement","content":"# Part 4 Community Conservation Area Agreement\n\nPart 4 Community Conservation Area Agreement","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Purpose of Agreement","content":"#### 30 Purpose of Agreement\n\n30 Purpose of Agreement\n\n> The purpose of a Community Conservation Area Agreement is to provide a co-ordinated framework for the management of all the land in Zones 1, 2, 3 and 4 in consultation with the community of the Brigalow and Nandewar area.","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Development of Agreement","content":"#### 31 Development of Agreement\n\n31 Development of Agreement\n\n> > (1) The Community Conservation Council is to develop the Community Conservation Area Agreement in consultation with the Advisory Committees.\n> \n> > (2) Before the Agreement is made, the Council is to arrange for the draft Agreement to be publicly exhibited and is to call for public submissions on the draft Agreement within the period notified by the Council.","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Approval of Agreement","content":"#### 32 Approval of Agreement\n\n32 Approval of Agreement\n\n> > (1) The Community Conservation Area Agreement (or any amendment or replacement Agreement) does not have effect until it is approved by the relevant Ministers.\n> \n> > (2) For the purposes of this Part, the relevant Ministers are:\n> > \n> > > (a) the Minister for the Environment, and\n> > \n> > > (b) the Minister for Primary Industries, and\n> > \n> > > (c) the Minister for Natural Resources.","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Content of Agreement","content":"#### 33 Content of Agreement\n\n33 Content of Agreement\n\n> > (1) The Community Conservation Area Agreement may contain:\n> > \n> > > (a) principles for the management of the land in Zones 1, 2 and 3 by the persons responsible for the management of the land under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and\n> > \n> > > (b) the integrated forestry operations approval under the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) for the carrying out of forestry operations on land in Zone 4.\n> \n> > (2) The principles for the management of land in Zones 1, 2 and 3 are to be developed in accordance with any guidelines provided to the Community Conservation Council by the relevant Ministers and are not to be inconsistent with Division 2 of Part 4 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> **s 33:** Am 2012 No 96, Sch 4.1 \\[1\\].","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Management of Zones in accordance with Agreement","content":"#### 34 Management of Zones in accordance with Agreement\n\n34 Management of Zones in accordance with Agreement\n\n> > (1) A plan of management in relation to land in Zone 1, 2 or 3 is to be prepared having regard to the principles for the management of that land in the Community Conservation Area Agreement and after consultation with the relevant Advisory Committee.\n> \n> > (2) The integrated forestry operations approval contained in the Community Conservation Area Agreement applies to land in Zone 4.\n> \n> > (3) In this section:\n> > \n> > integrated forestry operations approval has the same meaning as it has in the [Forestry Act 2012](/view/html/inforce/current/act-2012-096).\n> > \n> > plan of management has the same meaning as it has in Part 5 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> **s 34:** Am 2012 No 96, Sch 4.1 \\[2\\].","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Review of Agreement","content":"#### 35 Review of Agreement\n\n35 Review of Agreement\n\n> > (1) The Community Conservation Council is to review the Community Conservation Area Agreement every 7 years in consultation with the Advisory Committees.\n> \n> > (2) The Council may develop amendments or a replacement Agreement in accordance with the provisions of this Part relating to the development of the initial Agreement.","sortOrder":47},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Act to bind Crown","content":"#### 36 Act to bind Crown\n\n36 Act to bind Crown\n\n> 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.","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Indigenous land use agreements","content":"#### 37 Indigenous land use agreements\n\n37 Indigenous land use agreements\n\n> > (1) The Community Conservation Council and a Community Conservation Advisory Committee must, in exercising their functions, have regard to the relevant provisions of any indigenous land use agreement under the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth that relate to the Community Conservation Area.\n> \n> > (2) This section extends to functions relating to the development of the Community Conservation Area Agreement.","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Regulations","content":"#### 38 Regulations\n\n38 Regulations\n\n> > (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.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.\n> \n> > (3) Any such provision may, if the regulations so provide, take effect from 1 July 2005 or a later date.\n> \n> > (4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:\n> > \n> > > (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\n> > \n> > > (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.","sortOrder":51},{"sectionNumber":"39","sectionType":"section","heading":null,"content":"#### 39\n\n39 (Repealed)","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Review of Act","content":"#### 40 Review of Act\n\n40 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":54},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Zone 1—Conservation and recreation","content":"# Schedule 1 Zone 1—Conservation and recreation\n\nSchedule 1 Zone 1—Conservation and recreation\n\n(Sections 5, 6, 7 and 16)\n\nZone 1 of the Community Conservation Area comprises the land described or referred to in the following Parts of this Schedule:\n\n**sch 1:** Am 2005 (885), Sch 1 \\[1\\]; 2009 (36), Sch 1 \\[1\\]; 2010 (101), Sch 1 \\[1\\]; 2010 No 112, Sch 7 \\[3\\]; 2010 (768), Sch 1 \\[1\\]; 2012 (50), cl 3 (1); 2018 (202), cl 3.","sortOrder":55},{"sectionNumber":"41","sectionType":"section","heading":"Community Conservation Area Zone 1 Wallabadah","content":"#### 41 Community Conservation Area Zone 1 Wallabadah\n\n41 Community Conservation Area Zone 1 Wallabadah\n\n> An area of about 5.82 hectares, being Lot 7007, DP1024634, Lot 7006, DP1024632, Lot 355, DP751031 and Lot 371, DP44237 in the local government area of Liverpool Plains, Parish of Wallabadah, County of Buckland.\n> \n> This reservation is restricted to a depth of 100 metres below the surface of the land.","sortOrder":100},{"sectionNumber":"42","sectionType":"section","heading":"Community Conservation Area Zone 1 Watsons Creek","content":"#### 42 Community Conservation Area Zone 1 Watsons Creek\n\n42 Community Conservation Area Zone 1 Watsons Creek\n\n> An area of about 334.8 hectares, being Lot 7016, DP1086543, Lot 7001, DP1086544, Lot 7002, DP1084855 and Lot 138, DP753839 in the local government area of Tamworth Regional, Parish of Haning, County of Inglis.\n> \n> This reservation is restricted to a depth of 100 metres below the surface of the land.","sortOrder":101},{"sectionNumber":"43","sectionType":"section","heading":"Community Conservation Area Zone 1 Gwydir River","content":"#### 43 Community Conservation Area Zone 1 Gwydir River\n\n43 Community Conservation Area Zone 1 Gwydir River\n\n> An area of about 296.46 hectares, being Lot 2, DP 1156301 in the local government area of Gwydir, Parish of Evans, County of Murchison.","sortOrder":102},{"sectionNumber":"44","sectionType":"section","heading":"Community Conservation Area Zone 1 Crawney Pass","content":"#### 44 Community Conservation Area Zone 1 Crawney Pass\n\n44 Community Conservation Area Zone 1 Crawney Pass\n\n> An area of about 61.81 hectares, being Lot 1, DP 431074 and Lot 116, DP 755349 in the local government area of Tamworth Regional, Parish of Wombramurra, County of Parry.","sortOrder":103},{"sectionNumber":"45","sectionType":"section","heading":"Community Conservation Area Zone 1 Horton Falls","content":"#### 45 Community Conservation Area Zone 1 Horton Falls\n\n45 Community Conservation Area Zone 1 Horton Falls\n\n> An area of about 40.54 hectares, being Lot 1, DP 815192 in the local government area of Tamworth Regional, Parish of Lindesay, County of Murchison.","sortOrder":104},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Zone 2—Conservation and Aboriginal culture","content":"# Schedule 2 Zone 2—Conservation and Aboriginal culture\n\nSchedule 2 Zone 2—Conservation and Aboriginal culture\n\n(Sections 8 and 16)\n\nZone 2 of the Community Conservation Area comprises the land described or referred to in the following Parts of this Schedule:\n\n**sch 2:** Am 2005 (885), Sch 1 \\[2\\]; 2010 No 112, Sch 7 \\[4\\].","sortOrder":105},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Zone 3—Conservation, recreation and mineral extraction","content":"# Schedule 3 Zone 3—Conservation, recreation and mineral extraction\n\nSchedule 3 Zone 3—Conservation, recreation and mineral extraction\n\n(Sections 9, 10 and 16)\n\nZone 3 of the Community Conservation Area comprises the land described or referred to in the following Parts of this Schedule:\n\n**sch 3:** Am 2005 (885), Sch 1 \\[3\\]; 2009 (36), Sch 1 \\[2\\]; 2010 (101), Sch 1 \\[2\\]; 2010 No 112, Sch 7 \\[5\\]; 2010 (768), Sch 1 \\[2\\] \\[3\\]; 2012 (50), cl 3 (2).","sortOrder":114},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Zone 4—Forestry, recreation and mineral extraction","content":"# Schedule 4 Zone 4—Forestry, recreation and mineral extraction\n\nSchedule 4 Zone 4—Forestry, recreation and mineral extraction\n\n(Sections 11 and 16)\n\nZone 4 of the Community Conservation Area comprises the following land within that area that is State forest.\n\n**sch 4:** Am 2005 (885), Sch 1 \\[4\\].","sortOrder":151},{"sectionNumber":"46","sectionType":"section","heading":"Community Conservation Area Zone 4 Warialda","content":"#### 46 Community Conservation Area Zone 4 Warialda\n\n46 Community Conservation Area Zone 4 Warialda\n\n> Z4-14: Warialda State Forest\n> \n> An area of about 203 hectares, being the whole or a part of WARIALDA State Forest No 417 and being the land designated as Z4-14 on the diagram catalogued MISC R 00281 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":197},{"sectionNumber":"47","sectionType":"section","heading":"Community Conservation Area Zone 4 Waubebunga","content":"#### 47 Community Conservation Area Zone 4 Waubebunga\n\n47 Community Conservation Area Zone 4 Waubebunga\n\n> Z4-50: Waubebunga State Forest\n> \n> An area of about 103 hectares, being the whole or a part of WAUBEBUNGA State Forest No 944 and being the land designated as Z4-50 on the diagram catalogued MISC R 00287 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":198},{"sectionNumber":"48","sectionType":"section","heading":"Community Conservation Area Zone 4 Wittenbra","content":"#### 48 Community Conservation Area Zone 4 Wittenbra\n\n48 Community Conservation Area Zone 4 Wittenbra\n\n> Z4-55: Wittenbra State Forest\n> \n> An area of about 5,594 hectares, being the whole or a part of WITTENBRA State Forest No 274 and being the land designated as Z4-55 on the diagrams catalogued MISC R 00290 and MISC R 00291 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on those diagrams.","sortOrder":199},{"sectionNumber":"49","sectionType":"section","heading":"Community Conservation Area Zone 4 Yalcogrin","content":"#### 49 Community Conservation Area Zone 4 Yalcogrin\n\n49 Community Conservation Area Zone 4 Yalcogrin\n\n> Z4-19: Yalcogrin State Forest\n> \n> An area of about 930 hectares, being the whole or a part of YALCOGRIN State Forest No 450 and being the land designated as Z4-19 on the diagram catalogued MISC R 00306 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":200},{"sectionNumber":"50","sectionType":"section","heading":"Community Conservation Area Zone 4 Yarindury","content":"#### 50 Community Conservation Area Zone 4 Yarindury\n\n50 Community Conservation Area Zone 4 Yarindury\n\n> Z4-30: Yarindury State Forest\n> \n> An area of about 1,471 hectares, being the whole or a part of YARINDURY State Forest No 713 and being the land designated as Z4-30 on the diagram catalogued MISC R 00311 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":201},{"sectionNumber":"51","sectionType":"section","heading":"Community Conservation Area Zone 4 Yearinan","content":"#### 51 Community Conservation Area Zone 4 Yearinan\n\n51 Community Conservation Area Zone 4 Yearinan\n\n> Z4-11: Yearinan State Forest\n> \n> An area of about 21 hectares, being the whole or a part of YEARINAN State Forest No 273 and being the land designated as Z4-11 on the diagram catalogued MISC R 00291 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":202},{"sectionNumber":"52","sectionType":"section","heading":"Community Conservation Area Zone 4 Yetman","content":"#### 52 Community Conservation Area Zone 4 Yetman\n\n52 Community Conservation Area Zone 4 Yetman\n\n> Z4-37: Yetman State Forest\n> \n> An area of about 469 hectares, being the whole or a part of YETMAN State Forest No 802 and being the land designated as Z4-37 on the diagram catalogued MISC R 00277 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":203},{"sectionNumber":"53","sectionType":"section","heading":null,"content":"#### 53\n\n53–55 (Repealed)","sortOrder":204},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"State forest vested in NPW Minister","content":"# Schedule 5 State forest vested in NPW Minister\n\nSchedule 5 State forest vested in NPW Minister\n\n(Section 12)\n\n**sch 5:** Am 2005 (885), Sch 1 \\[5\\].","sortOrder":205},{"sectionNumber":"54","sectionType":"section","heading":"V-13: Yaminba State Forest","content":"#### 54 V-13: Yaminba State Forest\n\n54 V-13: Yaminba State Forest\n\n> An area of about 835 hectares, being the whole or a part of YAMINBA State Forest No 821 and being the land designated as V-13 on the diagram catalogued MISC R 00291 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":259},{"sectionNumber":"55","sectionType":"section","heading":"V-54: Yarrigan State Forest","content":"#### 55 V-54: Yarrigan State Forest\n\n55 V-54: Yarrigan State Forest\n\n> An area of about 2 hectares, being the whole or a part of YARRIGAN State Forest No 272 and being the land designated as V-54 on the diagram catalogued MISC R 00291 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":260},{"sectionNumber":"56","sectionType":"section","heading":"V-55: Yarrigan State Forest","content":"#### 56 V-55: Yarrigan State Forest\n\n56 V-55: Yarrigan State Forest\n\n> An area of about 2 hectares, being the whole or a part of YARRIGAN State Forest No 272 and being the land designated as V-55 on the diagram catalogued MISC R 00291 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":261},{"sectionNumber":"57","sectionType":"section","heading":"V-22: Yarrobil State Forest","content":"#### 57 V-22: Yarrobil State Forest\n\n57 V-22: Yarrobil State Forest\n\n> An area of about 457 hectares, being the whole or a part of YARROBIL State Forest No 78 and being the land designated as V-22 on the diagram catalogued MISC R 00311 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":262},{"sectionNumber":"58","sectionType":"section","heading":"V-39: Yarrobil State Forest","content":"#### 58 V-39: Yarrobil State Forest\n\n58 V-39: Yarrobil State Forest\n\n> An area of about 2 hectares, being the whole or a part of YARROBIL State Forest No 78 and being the land designated as V-39 on the diagram catalogued MISC R 00311 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":263},{"sectionNumber":"59","sectionType":"section","heading":"V-40: Yarrobil State Forest","content":"#### 59 V-40: Yarrobil State Forest\n\n59 V-40: Yarrobil State Forest\n\n> An area of about 2 hectares, being the whole or a part of YARROBIL State Forest No 78 and being the land designated as V-40 on the diagram catalogued MISC R 00311 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":264},{"sectionNumber":"60","sectionType":"section","heading":"V-41: Yarrobil State Forest","content":"#### 60 V-41: Yarrobil State Forest\n\n60 V-41: Yarrobil State Forest\n\n> An area of about 2 hectares, being the whole or a part of YARROBIL State Forest No 78 and being the land designated as V-41 on the diagram catalogued MISC R 00311 Edition 2 in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":265},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"State forests added to existing national parks","content":"# Schedule 6 State forests added to existing national parks\n\nSchedule 6 State forests added to existing national parks\n\n(Section 13)\n\n**sch 6:** Am 2005 (885), Sch 1 \\[6\\].","sortOrder":266},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Crown lands added to existing national parks and nature reserves","content":"# Schedule 7 Crown lands added to existing national parks and nature reserves\n\nSchedule 7 Crown lands added to existing national parks and nature reserves\n\n(Section 14)\n\n**sch 7:** Am 2005 (885), Sch 1 \\[7\\].","sortOrder":271},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"NPW Minister land reserved as national park or nature reserve","content":"# Schedule 8 NPW Minister land reserved as national park or nature reserve\n\nSchedule 8 NPW Minister land reserved as national park or nature reserve\n\n(Section 15)\n\n**sch 8:** Am 2005 (885), Sch 1 \\[8\\].","sortOrder":277},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Land transfers—ancillary and special provisions","content":"# Schedule 9 Land transfers—ancillary and special provisions\n\nSchedule 9 Land transfers—ancillary and special provisions\n\n(Section 23)\n\n**sch 9:** Am 2005 No 98, Sch 2.7; 2017 No 17, Sch 4.9 \\[4\\]–\\[7\\].","sortOrder":282},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Provisions relating to members and procedure of Council","content":"# Schedule 10 Provisions relating to members and procedure of Council\n\nSchedule 10 Provisions relating to members and procedure of Council\n\n(Section 25)","sortOrder":292},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":"Provisions relating to members and procedure of Advisory Committees","content":"# Schedule 11 Provisions relating to members and procedure of Advisory Committees\n\nSchedule 11 Provisions relating to members and procedure of Advisory Committees\n\n(Section 28)","sortOrder":300},{"sectionNumber":"Schedule 12","sectionType":"schedule","heading":null,"content":"# Schedule 12\n\nSchedule 12 (Repealed)\n\n**sch 12:** Rep 2006 No 58, Sch 4.","sortOrder":309}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as enacted has been amended in ways that altered operational scope and mechanics. Notable changes in the text include addition of a review and reclassification mechanism for Zone 3 land (s22A, inserted 2010), expanded powers to add or adjust Schedule land by proclamation or Director‑General notice (s16, s22 as amended 2009, 2010, 2017), and updates to integrate the Forestry Act 2012 (s33, s34) and vesting provisions (s12, amended 2017). These amendments broadened the executive tools for boundary adjustments, classification reviews and integration of forestry approvals."},"complexity_factors":["Extensive, parcel‑by‑parcel land schedules (multiple large Schedules with many lots and State forest parcels) increasing administrative complexity","Cross‑references to multiple other Acts (National Parks and Wildlife Act 1974; Forestry Act 1916/2012; Crown Land Management Act 2016; Roads Act 1993; Native Title Act 1993) requiring legal coordination","Multiple delegated powers and instruments (Governor proclamations s16, Director‑General notices s22, Ministerial orders for access roads sch 9 cl 5) creating administrative discretion","Transitional and preservation rules for existing leases and interests (s12, sch 9 cl 1, cl 4 and related clauses) imposing layered legal exceptions","Temporal limits and staged processes (commencement dates s2, deadlines for description adjustments s22(6), review timelines s22A and s35) that affect operation over time","Complex governance structure combining executive control of the Council (s24) with many appointed community representatives on Advisory Committees (s28) and pecuniary‑interest rules (sch 11 cl 8)","Interacting land‑status rules (revocations of State forest dedications s20; vesting in NPW Minister s12; access road vesting and later declaration sch 9 cl 5) that alter rights and management regimes","Amendment history and repeals noted in text (multiple amendment notes) requiring careful reading of current operative provisions"],"plain_english_summary":"This Act establishes the Brigalow and Nandewar Community Conservation Area by reclassifying specified State forests and Crown land into four management zones, vesting some parcels in the Minister responsible for national parks, and permitting future additions and boundary adjustments. It creates a Minister‑controlled Community Conservation Council and local Advisory Committees to prepare a Community Conservation Area Agreement that sets management principles and may include forestry operations approvals. Affected parties include the Crown, existing leaseholders, forestry and mining interests, Aboriginal stakeholders and local communities."},"kimi_summary":{"_metrics":{"completionTokens":861},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. It was designed as a comprehensive land reclassification and community governance package for the Brigalow and Nandewar region, and the amendments through 2018 have generally been technical updates (department name changes, diagram corrections, additional land parcels) rather than fundamental expansions of purpose. The 2010 addition of South-Western Cypress Reservations land was anticipated by the original framework (section 22A)."},"complexity_factors":["Multiple overlapping land tenures (national parks, Aboriginal areas, state conservation areas, State forests, Crown land, vested land)","Four distinct zone categories with different legal statuses and management regimes","Extensive cross-referencing to the National Parks and Wildlife Act 1974, Forestry Act 1916 (repealed), Crown Land Management Act 2016, and Roads Act 1993","Detailed schedules describing hundreds of individual land parcels by reference to diagram numbers (MISC R series) rather than modern cadastral references","Preservation of existing leases, licences and access rights through complex transitional provisions (Schedules 9-12)","Special provisions for access roads, perpetual leases, and incomplete purchases that create ongoing administrative obligations","Community governance structure with multiple layers (Council, three Advisory Committees, ministerial oversight)","7-year review cycles and proclamation mechanisms for future land transfers","Section 22A's time-bound review mechanism for Zone 3 land (expired 2012) with automatic conversion triggers","Depth-restricted reservations on some parcels creating split estates (surface vs subsurface rights)"],"plain_english_summary":"This Act creates the **Brigalow and Nandewar Community Conservation Area** in northern New South Wales — a large patchwork of former State forests and Crown land covering roughly 300,000 hectares around the Pilliga, Goonoo and Warialda regions.\n\n**What it does:**\n- **Reserves land in four different zones** with varying levels of protection:\n  - **Zone 1** (Conservation & Recreation): Becomes national parks — the highest protection level, managed under the *National Parks and Wildlife Act 1974*.\n  - **Zone 2** (Conservation & Aboriginal Culture): Becomes \"Aboriginal areas\" — protected land with special significance for Aboriginal heritage.\n  - **Zone 3** (Conservation, Recreation & Mineral Extraction): Becomes \"state conservation areas\" — protected but with potential for mining under certain conditions.\n  - **Zone 4** (Forestry, Recreation & Mineral Extraction): Stays as State forest — commercial logging and mining can continue under an \"integrated forestry operations approval.\"\n\n- **Establishes community governance:**\n  - A **Community Conservation Council** (senior government officials) oversees the whole area.\n  - Three **Advisory Committees** (Border Rivers/Gwydir, Namoi, Central West) give local communities, Aboriginal representatives, farmers, miners, foresters, environmentalists and scientists a direct say in management.\n\n- **Requires a Community Conservation Area Agreement:** A binding 7-yearly plan that sets out how each zone will be managed, developed with public input.\n\n**Why it matters:**\nThis was a major compromise struck in 2005 between conservation groups (who wanted the forests protected) and industry (who wanted continued access to timber and minerals). It protects significant tracts of inland forest — including the iconic Pilliga scrub — while allowing some economic activity to continue. The \"community conservation\" model was novel at the time, attempting to reduce conflict by giving locals a formal voice in park management.\n\n**Key quirks:**\n- Some land was transferred to the National Parks Minister but kept subject to old pastoral leases.\n- Access roads through new parks were temporarily preserved to reach private landholdings.\n- The area is explicitly excluded from ever being declared \"wilderness\" — a concession to industry.\n- Several parcels have \"depth-restricted\" reservations (only the top 100 metres), preserving underground mineral rights."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least 13 times between 2005 and 2018, suggesting its scope has evolved — likely expanding or adjusting land boundaries, management provisions, or permitted activities beyond the original 2005 intent. The cross-reference to Schedule 2 of the National Parks and Wildlife Act 1974 (which deals with revocations of land reservations) also suggests some original land dedications may have been modified over time."},"complexity_factors":["Interacts with and must be read alongside the National Parks and Wildlife Act 1974, requiring cross-referencing of two pieces of legislation","Has been amended at least 13 times since 2005, meaning the current version differs significantly from the original","Geographic and ecological specificity — understanding its impact requires knowledge of the physical boundaries of the Brigalow and Nandewar bioregions","Dual ministerial responsibility (Minister for the Environment and Minister for Climate Change) may create administrative complexity","Pending legislative amendment (Environment and Water Legislation Amendment Bill 2025) creates uncertainty about future obligations","Limited legislative text was provided for analysis — the full substantive provisions of the Act were not included, limiting full assessment"],"plain_english_summary":"The Act creates and protects a designated conservation area across the Brigalow and Nandewar bioregions in NSW, formalising long‑term safeguards for unique plant communities and wildlife. It affects local landholders, farmers, recreational users, conservation groups and government agencies by setting management rules, restricting development/clearing, and working alongside the National Parks and Wildlife Act 1974. The protection is durable, has been amended over time, and may be further changed by a proposed 2025 amendment bill."}},"importantCases":[],"_links":{"self":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005","history":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005/history","analysis":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005/analysis","conflicts":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005/conflicts","importantCases":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005/important-cases","documents":"/api/acts/brigalow-and-nandewar-community-conservation-area-act-2005/documents"}}