{"id":"nsw:act-2018-057","name":"National Park Estate (Reservations) Act 2018","slug":"national-park-estate-reservations-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"57 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29157,"registerId":"nsw-act-2018-057-current","compilationNumber":null,"startDate":"2026-04-01","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 2018](/view/html/inforce/current/act-2018-057).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 January 2019.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act:\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the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) (or under the former [Forestry Act 1916](/view/html/repealed/current/act-1916-055) or the former [Forestry Act 1909](/view/pdf/asmade/act-1909-6)) as a State forest, being a dedication that is in force.\n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.","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> > (1) The dedication as State forest of the lands described in Schedules 1, 2 and 3 is revoked on 1 January 2019.\n> \n> > (2) Any notices under section 18 of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) (or 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 on the date the dedication is revoked, 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> > (3) Any notices under section 16 of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) (or 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 by this Act on the date the dedication is 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.","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> The lands described in Schedules 1 and 2 are, on the date their dedication as State forest is revoked by section 4, reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as, or as part of, national park or state conservation area (as indicated in the relevant Schedule).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Vesting in NPW Minister of former State forests on 1 January 2019","content":"#### 6 Vesting in NPW Minister of former State forests on 1 January 2019\n\n6 Vesting in NPW Minister of former State forests on 1 January 2019\n\n> > (1) The lands described in Schedule 3 vest, on 1 January 2019, 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 Schedule 3 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.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Adjustment of description of land transferred to national park estate","content":"#### 7 Adjustment of description of land transferred to national park estate\n\n7 Adjustment of description of land transferred to national park estate\n\n> > (1) The description of any land in Schedules 1, 2 and 3 (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 setback 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) Any adjustment of a description of land may include adding to a relevant Schedule a description of the land removed by the adjustment from the description of land in another relevant Schedule.\n> \n> > (4) An adjustment of the description of land is to be made by the Environment Agency Head by a notice published on the NSW legislation website that amends a relevant Schedule.\n> \n> > (5) A notice under this section may be published only with the approval of:\n> > \n> > > (a) the NPW Minister, and\n> > \n> > > (b) to the extent that the notice relates to a State forest—the Minister administering the [Forestry Act 2012](/view/html/inforce/current/act-2012-096), and\n> > \n> > > (c) to the extent that the notice applies to Crown land or a Crown 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> > (6) The Environment Agency Head is required to certify in any notice under this section that the adjustments effected by the notice will not result in significant reduction in the size or value of national park estate land or State forest land.\n> \n> > (7) An adjustment of the description of land may only be made before 1 January 2022.\n> \n> > (8) 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 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> > (9) 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 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> > (10) The Environment Agency Head may, in a notice published under this section to adjust the boundary of land adjoining a public road, declare that:\n> > \n> > > (a) the land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for the public road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or is Crown land, or\n> > \n> > > (b) the land (described in the notice) ceases to be part of the public road and 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> > (11) A declaration under subsection (10) has effect despite anything to the contrary in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> \n> > (12) In this section:\n> > \n> > appropriate setback, in relation to a carriageway of a road, includes a setback that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.\n> > \n> > classified road and public road have the same meanings as they have in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n> > \n> > Environment Agency Head means the Chief Executive of the Office of Environment and Heritage.\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 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).","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Act to bind Crown","content":"#### 8 Act to bind Crown\n\n8 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":10},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n9 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 or any Act that amends this Act.\n> \n> > (3) Any such provision has effect despite anything to the contrary in Schedule 4 (Land transfers—ancillary and special provisions). The regulations may make separate savings and transitional provisions or amend Schedule 4 to consolidate the savings and transitional provisions.\n> \n> > (4) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.\n> \n> > (5) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, 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":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State forests reserved as national park","content":"# Schedule 1 State forests reserved as national park\n\nSchedule 1 State forests reserved as national park","sortOrder":12},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"State forests reserved as state conservation area","content":"# Schedule 2 State forests reserved as state conservation area\n\nSchedule 2 State forests reserved as state conservation area","sortOrder":15},{"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","sortOrder":18},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Land transfers—ancillary and special provisions","content":"# Schedule 4 Land transfers—ancillary and special provisions\n\nSchedule 4 Land transfers—ancillary and special provisions","sortOrder":20},{"sectionNumber":"10","sectionType":"section","heading":"Saving in relation to revocations","content":"#### 10 Saving in relation to revocations\n\n10 Saving in relation to revocations\n\n> A revocation effected by this Act does not affect anything done or omitted to be done before the revocation takes effect.","sortOrder":30}],"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no indication the scope changed from its original intent. The Act has remained in its original form since commencement on 26 October 2018 with no amendments recorded, suggesting it achieved its specific purpose of reserving nominated land parcels without subsequent modification."},"complexity_factors":["The Act itself is likely a short, schedule-heavy instrument listing specific land parcels — technically simple in legal structure but requiring geographic and land tenure knowledge to fully understand","Interacts with the broader National Parks and Wildlife Act 1974 (NSW), which is a complex parent statute","Identifying the precise land parcels affected requires access to schedules and survey maps not reproduced in the available text","Limited metadata provided makes it impossible to assess the full scope or any exceptions/conditions attached to specific reservations"],"plain_english_summary":"This NSW Act formally sets aside specified parcels of land as part of the national park estate, converting Crown or other land into protected parks, reserves or conservation areas under the National Parks and Wildlife Act 1974. \n\nIt affects the public, nearby communities, Aboriginal groups and existing land users (e.g. farmers, miners) by imposing long‑term legal protections that limit development and change land‑use rights."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act changes the normal procedures under existing statutes by directly revoking specified State‑forest dedications and reserving or vesting those lands into the national park estate (s4–6; Sch4 cl2–3). It expressly operates despite differing procedures in the Forestry Act 2012 and the National Parks and Wildlife Act 1974 (Sch4 cl2), narrows the Act's application to exclude existing freehold and certain continued leases (Sch4 cl1), and creates new administrative powers for boundary adjustments and access‑road treatment (s7; Sch4 cl5–7)."},"complexity_factors":["Extensive cross‑referencing to multiple statutes (Forestry Act 2012, National Parks and Wildlife Act 1974, Crown Land Management Act 2016, Roads Act 1993, Interpretation Act 1987) increases interpretive complexity (throughout; see s3, s4, Sch4).","Vesting provisions that remove trusts, easements and prior dedications while preserving specified leases create layered property effects and carve‑outs (s6(1)–(2); Sch4 cl1, cl8).","Time‑limited adjustment power for land descriptions (only until 1 January 2022) with certification and multiple ministerial approvals concentrates discretion and adds procedural steps (s7(2)–(7), (5)–(6)).","Special treatment of access roads requires identification, Gazette orders, ministerial concurrence and possible width determinations—multiple decision points and potential divergence of outcomes (Sch4 cl5–7).","Provision that the Act operates despite conflicting procedures in the Forestry Act and NPW Act centralises authority here but raises questions of interaction and transition (Sch4 cl2).","Regulations may include retrospective‑effect savings or transitional provisions subject to statutory protections, adding conditional complexity (s9(1)–(5)).","Multiple publication and notice mechanisms (NSW legislation website, Gazette) and certification requirements create administrative compliance burdens (s7(4), s9; Sch4 cl3)."],"plain_english_summary":"This Act revokes specified State‑forest dedications and transfers those parcels into the national park estate or vests them in the NPW Minister on 1 January 2019. It preserves existing freehold and certain continued leases from reservation, protects pre‑existing access roads and rights‑of‑way, and permits boundary adjustments (by Environment Agency Head with ministerial approvals) until 1 January 2022.\n\nDecision‑makers are the NPW Minister, Environment Agency Head and relevant Ministers; affected parties include leaseholders, private land owners and road authorities; implementation uses published notices and Gazette orders (s4–7; Sch4)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: the specific transfer of named State forests to the national park estate. The detailed provisions regarding boundary adjustments, access roads, and lease preservation are ancillary mechanisms necessary to implement the core land transfer function, not scope creep."},"complexity_factors":["Multiple interacting statutes referenced (National Parks and Wildlife Act 1974, Forestry Act 2012, Crown Land Management Act 2016, Roads Act 1993)","Conditional vesting with exceptions (section 6 preserves certain leases despite general 'freed and discharged' language)","Time-bound adjustment mechanism (section 7) with sunset clause of 1 January 2022","Nested definitions in section 7 (12 sub-definitions including recursive references to 'national park estate land')","Schedule 4 contains 10 clauses of ancillary provisions with cross-references to primary Act sections","Dual-status handling of access roads (clause 5) with staged vesting and subsequent reservation decisions","Savings and transitional provisions with potential retrospective effect (section 9)"],"plain_english_summary":"This law transfers specific parcels of State forest land in New South Wales into the national park estate. It does three main things:\n\n**1. Converts State forests to national parks or conservation areas**\n- Revokes the 'State forest' status of several specific areas (listed in Schedules 1 and 2)\n- Immediately reclassifies them as national parks or state conservation areas under the National Parks and Wildlife Act 1974\n- For example, parts of Carrai State Forest become part of Willi Willi National Park, and Yango State Forest becomes Yango State Conservation Area\n\n**2. Transfers some forests to the Environment Minister for future use**\n- Vests other State forest lands (Schedule 3, like Muldiva State Forest) in the NPW Minister (the minister responsible for national parks)\n- This clears the land of most existing legal interests (leases, easements, etc.) so it can be managed for conservation purposes\n- Some long-term leases are preserved\n\n**3. Handles practical boundary adjustments and access roads**\n- Allows technical adjustments to land boundaries until 1 January 2022 to fix mapping issues, align with natural features, or adjust road setbacks\n- Special rules protect existing access roads used to reach private property surrounded by the transferred land\n- Ensures landowners don't lose their only practical access route\n\n**Who it affects:**\n- The NSW Government (Forestry and Environment departments)\n- Private landowners with property surrounded by or adjacent to these forests\n- People with existing leases or access rights in these areas\n- The general public (who gain expanded national park access)\n\n**Why it matters:**\nThis is part of a broader shift from commercial forestry to conservation on specific sites. It protects significant natural areas while trying to balance existing property rights and access needs."}},"importantCases":[],"_links":{"self":"/api/acts/national-park-estate-reservations-act-2018","history":"/api/acts/national-park-estate-reservations-act-2018/history","analysis":"/api/acts/national-park-estate-reservations-act-2018/analysis","conflicts":"/api/acts/national-park-estate-reservations-act-2018/conflicts","importantCases":"/api/acts/national-park-estate-reservations-act-2018/important-cases","documents":"/api/acts/national-park-estate-reservations-act-2018/documents"}}