{"id":"nsw:act-2005-084","name":"National Park Estate (Reservations) Act 2005","slug":"national-park-estate-reservations-act-2005","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"84 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104701,"registerId":"nsw-act-2005-084-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 [National Park Estate (Reservations) Act 2005](/view/html/inforce/current/act-2005-084).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\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> > NPW Minister means the Minister administering Divisions 1 and 2 of Part 4 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\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 State forest means land dedicated under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) (or under the former [Forestry Act 1909](/view/pdf/asmade/act-1909-6)) as a State forest, being a dedication that is in force.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2017 No 17, Sch 4.61 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Land transfers","content":"# Part 2 Land transfers\n\nPart 2 Land transfers","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Revocation of State forests","content":"#### 4 Revocation of State forests\n\n4 Revocation of State forests\n\n> The dedication as State forest of the following lands is revoked:\n> \n> > (a) lands described in Schedule 1,\n> \n> > (b) lands described in Schedule 3,\n> \n> > (c) lands described in Schedule 4.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Reservation of former State forests as national park or state conservation area","content":"#### 5 Reservation of former State forests as national park or state conservation area\n\n5 Reservation of former State forests as national park or state conservation area\n\n> > (1) The lands described in Schedule 1 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 state conservation areas (as indicated in that Schedule).\n> \n> > (2) Subsection (1) does not apply to any land described in Schedule 1 that is also described in Schedule 3.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Reservation of Crown land as part of Tallaganda State Conservation Area","content":"#### 6 Reservation of Crown land as part of Tallaganda State Conservation Area\n\n6 Reservation of Crown land as part of Tallaganda State Conservation Area\n\n> > (1) The land described in Schedule 2 is reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as part of Tallaganda State Conservation Area.\n> \n> > (2) Any timber reserves (within the meaning of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055)) with respect to land referred to in subsection (1) are revoked by this Act, but only to the extent to which they relate to timber reserves or parts of timber reserves situated within that land.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Vesting in NPW Minister of certain former State forests","content":"#### 7 Vesting in NPW Minister of certain former State forests\n\n7 Vesting in NPW Minister of certain former State forests\n\n> > (1) The lands described in Schedule 3 vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) 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), the lands described in Part 1 of Schedule 3 are not freed and discharged from any continued perpetual lease within the meaning of Schedule 1 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) to which the lands were subject immediately before their vesting under this section.\n> \n> **s 7:** Am 2017 No 17, Sch 4.61 \\[2\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Former State forests to be subject to Crown Land Management Act 2016","content":"#### 8 Former State forests to be subject to Crown Land Management Act 2016\n\n8 Former State forests to be subject to [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)\n\n> Any land described in Schedule 4 that was Crown land immediately before the repeal of the [Crown Lands Act 1989](/view/html/repealed/current/act-1989-006) continues to be Crown land that is subject to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> **s 8:** Subst 2017 No 17, Sch 4.61 \\[3\\].","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Areas in State forests declared as special management zones","content":"#### 9 Areas in State forests declared as special management zones\n\n9 Areas in State forests declared as special management zones\n\n> The lands described in Schedule 5 that are within State forests are declared to be special management zones under section 21A of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Adjustment of description of land transferred to national park estate","content":"#### 10 Adjustment of description of land transferred to national park estate\n\n10 Adjustment of description of land transferred to national park estate\n\n> > (1) The description of any land in Schedule 1, 2, 3, 4 or 5 (a relevant Schedule) may be adjusted in accordance with this section.\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 national park estate land and State forest land, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or\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 NPW Minister, 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 described in Schedule 4 (other than land reserved or dedicated under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or the [Forestry Act 1916](/view/html/repealed/current/act-1916-055))—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 national park estate land or State forest land.\n> \n> > (6) An adjustment of the description of land may only be made before:\n> > \n> > > (a) 31 March 2006, except as provided by paragraph (b), or\n> > \n> > > (b) 31 December 2009, in the case of an adjustment of the description of land in Schedule 3 or 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> > (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> > national park estate land means:\n> > \n> > > (a) land reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (b) land dedicated or set apart as a flora reserve under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), or\n> > \n> > > (c) land declared as a special management zone under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), or\n> > \n> > > (d) land vested in the NPW Minister for the purposes of Part 11 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> \n> > (11) Anything done before the commencement of the amendment to subsection (4) (c) by the [National Parks and Wildlife Amendment Act 2010](/view/html/repealed/current/act-2010-038) that would have been validly done had that amendment been in force when it was done is validated.\n> \n> **s 10:** Am 2009 No 56, Sch 4.43; 2010 No 38, Sch 3.9 \\[1\\] \\[2\\]; 2017 No 17, Sch 4.61 \\[4\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Land transfers—ancillary and special provisions","content":"#### 11 Land transfers—ancillary and special provisions\n\n11 Land transfers—ancillary and special provisions\n\n> Schedule 6 has effect.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Act to bind Crown","content":"#### 12 Act to bind Crown\n\n12 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":14},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 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 the commencement of this Act 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":15},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14, 15 (Repealed)","sortOrder":16},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State forests reserved as national park or state conservation area","content":"# Schedule 1 State forests reserved as national park or state conservation area\n\nSchedule 1 State forests reserved as national park or state conservation area\n\n(Sections 4 and 5)\n\n**sch 1:** Am 2009 (102), Sch 1.","sortOrder":18},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Crown land reserved as part of Tallaganda State Conservation Area","content":"# Schedule 2 Crown land reserved as part of Tallaganda State Conservation Area\n\nSchedule 2 Crown land reserved as part of Tallaganda State Conservation Area\n\n(Section 6)\n\nAn area of about 4 hectares, comprising parts of the bed of Mulloon Creek, in the Parishes of Mulloon and Palerang, County of Murray, and being the lands designated as 262–01 on the diagram catalogued Misc R 00268 (3rd Edition) in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.","sortOrder":25},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"State forests vested in NPW Minister","content":"# Schedule 3 State forests vested in NPW Minister\n\nSchedule 3 State forests vested in NPW Minister\n\n(Sections 4 and 7)","sortOrder":26},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"State forests subject to Crown Land Management Act 2016","content":"# Schedule 4 State forests subject to Crown Land Management Act 2016\n\nSchedule 4 State forests subject to [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)\n\n(Sections 4 and 8)\n\n**sch 4, hdg:** Subst 2017 No 17, Sch 4.61 \\[5\\].","sortOrder":37},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Areas in State forests declared as special management zones under Forestry Act 1916","content":"# Schedule 5 Areas in State forests declared as special management zones under Forestry Act 1916\n\nSchedule 5 Areas in State forests declared as special management zones under [Forestry Act 1916](/view/html/repealed/current/act-1916-055)\n\n(Section 9)","sortOrder":45},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Land transfers—ancillary and special provisions","content":"# Schedule 6 Land transfers—ancillary and special provisions\n\nSchedule 6 Land transfers—ancillary and special provisions\n\n(Section 11)\n\n**sch 6:** Am 2012 No 96, Sch 4.20; 2017 No 17, Sch 4.61 \\[6\\]–\\[13\\].","sortOrder":49}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained consistent with its original purpose of reserving specific land parcels for the national park estate. The multiple amended versions likely reflect additions or boundary corrections to the schedules rather than any fundamental change in scope. The core function — formally reserving land for conservation — appears unchanged since 2005."},"complexity_factors":["The Act itself is likely a relatively straightforward 'schedule-heavy' reservations Act, but the actual schedules listing specific land parcels (which are the operative content) were not provided, making full assessment impossible","Land reservation involves interaction with multiple other Acts, including the National Parks and Wildlife Act 1974 (NSW), which adds a layer of cross-referencing complexity","Multiple amendments over time (at least 6 versions between 2005 and 2018) suggest the reserved land descriptions have been updated or corrected, which can create confusion about what is currently in force","Legal descriptions of land parcels (lot numbers, deposited plans, etc.) can be highly technical and difficult for laypeople to interpret without mapping tools","Dual ministerial responsibility (Environment and Climate Change) may create some administrative complexity"],"plain_english_summary":"This NSW law formally reserves specified parcels of land into the national park estate, protecting them as national parks, nature reserves or similar conservation areas. It affects the public (recreation and conservation), neighbouring landholders, Indigenous communities, developers, and farmers by changing access, use and commercial/industrial rights.\n\nIt matters because reserved land gains strong, hard-to-reverse legal protection; the Act’s practical impact depends on which parcels are listed in its schedules."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the legal scope of land management by revoking State‑forest dedications (s 4), reserving listed lands as national parks/state conservation areas (s 5), vesting parcels in the NPW Minister (s 7) and declaring special management zones (s 9/Sch 5). It explicitly operates despite differing procedures in the Forestry Act 1916 and the National Parks and Wildlife Act 1974 and treats reservations as if made under the NPW Act (sch 6 cl 2–3), and brings specified former State forests under the Crown Land Management Act 2016 (s 8), thereby altering administrative responsibility and procedural pathways."},"complexity_factors":["Cross‑references and interaction with multiple statutes (Forestry Act 1916, National Parks and Wildlife Act 1974, Crown Land Management Act 2016, Roads Act 1993) increase legal interdependence (sch 6 cl 2; ss 5–8; s 10).","Detailed, parcel‑level land schedules listing many discrete areas and diagram references create operational complexity for mapping and implementation (Schedules 1–4).","Vesting provisions that free lands from prior trusts, grants and easements but preserve specified perpetual leases require careful rights analysis (s 7(1)–(2); sch 6 cl 1).","Adjustment mechanism for schedule descriptions involves multi‑minister approvals, Director‑General certification and time limits, adding procedural steps and discretionary decision points (s 10(2)–(6)).","Access and rights‑of‑way rules (temporary vesting, mandatory replacement rights, non‑closure where only practical access) impose specific obligations and deadlines on Ministers (sch 6 cl 5, cl 10).","Transitional and validation clauses preserve existing licences/authorities and validate past acts, which complicates the timeline for change (sch 6 cl 4, cl 9; s 10(11)).","Power for regulations and savings/transitional provisions allows further detail to be prescribed, creating implementation uncertainty until regulations issued (s 13)."],"plain_english_summary":"This Act revokes the State‑forest status of listed parcels, reserves identified land as national parks or state conservation areas, vests certain former State forests in the NPW Minister and declares specified special management zones. It also brings some former State forests under the Crown Land Management Act 2016.\n\nThe changes affect landholders, holders of existing forestry leases or rights, and state agencies by changing land status, administration and access rules; ministers and department heads make or approve boundary adjustments and rights‑of‑way (see ss 4–9, sch 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a targeted land transfer mechanism. While it has been amended several times (notably in 2009, 2010, 2012, and 2017) to update references to successor statutes (particularly replacing Crown Lands Act 1989 with Crown Land Management Act 2016), these are technical maintenance amendments rather than scope expansion. The core function—transferring specific listed State forests to various forms of conservation tenure—remains unchanged from the 2005 original intent."},"complexity_factors":["Multiple overlapping statutory regimes: interacts with National Parks and Wildlife Act 1974, Forestry Act 1916, Crown Land Management Act 2016, Crown Lands Act 1989 (repealed), and Roads Act 1993","Five different Schedules with distinct legal destinies for land: Schedule 1 (national parks/state conservation areas), Schedule 2 (Tallaganda SCA), Schedule 3 (vested in NPW Minister), Schedule 4 (Crown land), Schedule 5 (special management zones)","Nested exceptions and savings: Section 7(2) preserves perpetual leases despite the general 'freed and discharged' language in Section 7(1); Schedule 6 contains multiple 'despite' clauses overriding other Acts","Time-bound administrative powers: Section 10 allows boundary adjustments only until 31 March 2006 (or 31 December 2009 for certain cases), creating time-limited delegated legislative authority","Multi-ministerial approval requirements: Section 10(4) requires up to four different ministers to approve boundary adjustments depending on land type","Technical land tenure concepts: 'estate in fee simple', 'perpetual leases', 'incomplete purchases', 'vesting', 'dedication', 'Crown grant'—all defined by reference to other Acts","Transitional provisions for access roads (Schedule 6, clauses 5 and 10) with staged deadlines (31 March 2006, 31 December 2009) for ministerial decisions","Validation clause in Section 10(11) retroactively validating actions that would have been valid under a 2010 amendment"],"plain_english_summary":"This law transfers specific parcels of State forest and Crown land in New South Wales into the national park estate. It does this by:\n\n- **Revoking the 'State forest' status** of certain lands (meaning they are no longer managed for timber production)\n- **Reserving some of that land as national parks or state conservation areas** under the National Parks and Wildlife Act 1974\n- **Vesting other parcels in the Minister for National Parks** (the 'NPW Minister') to hold for future conservation purposes\n- **Transferring some land to general Crown land management** under the Crown Land Management Act 2016\n- **Declaring special management zones** in remaining State forests (areas with extra environmental protections but still technically State forest)\n\nThe Act includes detailed technical provisions for:\n- **Boundary adjustments** (Section 10): Allowing minor tweaks to land descriptions for practical management purposes, with multiple ministerial approvals required\n- **Protecting existing leases**: Some land transferred to the NPW Minister keeps existing perpetual leases (long-term leases) running\n- **Access roads**: Ensuring landowners who lose their route through former State forests still have legal access\n- **Saving existing interests**: Leases, licences and permits under the Forestry Act continue until they expire or are cancelled\n\n**Who it affects:**\n- NSW Government agencies (National Parks, Forestry, Crown Lands)\n- Leaseholders and licence holders on the affected lands\n- Private landowners neighbouring the transferred areas (access rights)\n- The general public (new national park areas)\n\n**Why it matters:**\nThis is a practical, site-specific law that shifts land from commercial forestry to conservation. It represents a negotiated package—some land becomes fully protected national park, some becomes 'state conservation area' (allowing more uses than national parks), some stays as Crown land for future decisions, and some stays as State forest but with stricter environmental zones. The complexity comes from managing the transition without unfairly disrupting existing legal rights."}},"importantCases":[],"_links":{"self":"/api/acts/national-park-estate-reservations-act-2005","history":"/api/acts/national-park-estate-reservations-act-2005/history","analysis":"/api/acts/national-park-estate-reservations-act-2005/analysis","conflicts":"/api/acts/national-park-estate-reservations-act-2005/conflicts","importantCases":"/api/acts/national-park-estate-reservations-act-2005/important-cases","documents":"/api/acts/national-park-estate-reservations-act-2005/documents"}}