{"id":"nsw:act-2010-112","name":"National Park Estate (South-Western Cypress Reservations) Act 2010","slug":"national-park-estate-south-western-cypress-reservations-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"112 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":35613,"registerId":"nsw-act-2010-112-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 (South-Western Cypress Reservations) Act 2010](/view/html/inforce/current/act-2010-112).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on 1 January 2011.","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 it has 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> > relevant date means:\n> > \n> > > (a) in relation to land described in items 1 and 2 of Schedule 2—1 January 2012, or\n> > \n> > > (b) in relation to land described in item 3 of Schedule 2—1 January 2014, or\n> > \n> > > (c) in relation to land described in item 4 of Schedule 2—1 January 2015.\n> > \n> > South-Western area means the area of the State shown in the map at the end of this section.\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 State forest means land dedicated under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) (or under the former [Forestry Act 1909](/view/pdf/asmade/act-1909-6)) as a State forest, being a dedication that is in force.\n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> South-Western area\n> \n> ![](/image/((Type%3D%22act%22)%20AND%20(No%3D112)%20AND%20(Year%3D2010)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> \n> **s 3:** Am 2011 No 55, Sch 2 \\[1\\]; 2017 No 17, Sch 4.63 \\[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> > (1) The dedication as State forest of:\n> > \n> > > (a) the lands described in Schedules 1, 3 and 6 is revoked on 1 January 2011, and\n> > \n> > > (b) the lands described in Schedule 2 is revoked on the relevant date.\n> \n> > (2) 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 on the date the dedication is revoked, 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.\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 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> > (4) 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 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.\n> \n> > (5) This section has effect in respect of all land below the surface of land described in a Schedule to this Act even if the reservation is limited to a depth of 100 metres below the surface of the land.\n> \n> **s 4:** Am 2011 No 55, Sch 2 \\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Reservation of former State forests as national park, nature reserve or state conservation area on 1 January 2011","content":"#### 5 Reservation of former State forests as national park, nature reserve or state conservation area on 1 January 2011\n\n5 Reservation of former State forests as national park, nature reserve or state conservation area on 1 January 2011\n\n> > (1) The lands described in Schedule 1 are, on 1 January 2011, reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as, or as part of, national park, nature reserve or state conservation area (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 6.\n> \n> Note.\n> \n> Crown lands in the Brigalow and Nandewar area are also reserved as conservation zones under the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056) by amendments to that Act contained in Schedule 7.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Reservation of former State forests as national park or nature reserve on or after 1 January 2012","content":"#### 6 Reservation of former State forests as national park or nature reserve on or after 1 January 2012\n\n6 Reservation of former State forests as national park or nature reserve on or after 1 January 2012\n\n> > (1) The lands described in Schedule 2 are, on the relevant date, reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as, or as part of, national park or nature reserve (as indicated in that Schedule).\n> \n> > (2) Land described in Schedule 2 cannot be disposed of or leased under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) before the relevant date.\n> \n> > (3) The following licences and permits cannot be issued or renewed in respect of land described in Schedule 2 before the relevant date, without the approval of the Director-General of the Department of Environment, Climate Change and Water:\n> > \n> > > (a) a products licence under section 27B of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055),\n> > \n> > > (b) a forest materials licence under section 27C of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055),\n> > \n> > > (c) a grazing permit under section 31 of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055),\n> > \n> > > (d) an occupation permit under section 31 of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055),\n> > \n> > > (e) a special purposes permit under section 32F of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).\n> \n> > (4) An approval under subsection (3) may be given in respect of a particular licence or permit or in respect of licences or permits of a particular kind.\n> \n> > (5) Subsection (1) does not apply to any land described in Schedule 2 that is also described in Schedule 6.\n> \n> **s 6:** Am 2011 No 55, Sch 2 \\[3\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Former State forests subject to Crown Land Management Act 2016","content":"#### 7 Former State forests subject to Crown Land Management Act 2016\n\n7 Former State forests subject to [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058)\n\n> Any land described in Schedule 3 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 7:** Subst 2017 No 17, Sch 4.63 \\[2\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Reservation of Crown land as national park, nature reserve or state conservation area on 1 January 2011","content":"#### 8 Reservation of Crown land as national park, nature reserve or state conservation area on 1 January 2011\n\n8 Reservation of Crown land as national park, nature reserve or state conservation area on 1 January 2011\n\n> The lands described in Schedule 4 are, on 1 January 2011, reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as, or as part of, national park, nature reserve or state conservation area (as indicated in that Schedule).\n> \n> Note.\n> \n> Schedule 4 contains 2 Parts:\n> \n> > Part 1—General, and\n> \n> > Part 2—Compensatory reservation for revocation relating to Merry Beach Caravan Park.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Reservation of Joulni Station, Willandra Lakes","content":"#### 9 Reservation of Joulni Station, Willandra Lakes\n\n9 Reservation of Joulni Station, Willandra Lakes\n\n> The lands described in Schedule 5 are reserved, on 1 January 2011, as part of national park or state conservation area (as indicated in that Schedule).","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Vesting in NPW Minister of former State forests on 1 January 2011","content":"#### 10 Vesting in NPW Minister of former State forests on 1 January 2011\n\n10 Vesting in NPW Minister of former State forests on 1 January 2011\n\n> > (1) The lands described in Schedule 6 vest, on 1 January 2011, 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 6 are not freed and discharged from:\n> > \n> > > (a) 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), or\n> > \n> > > (b) any Western lands lease within the meaning of Schedule 3 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058),\n> > \n> > to which the lands were subject immediately before their vesting under this section.\n> \n> **s 10:** Am 2017 No 17, Sch 4.63 \\[3\\] \\[4\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Revocation in Murramarang National Park relating to Merry Beach Caravan Park","content":"#### 11 Revocation in Murramarang National Park relating to Merry Beach Caravan Park\n\n11 Revocation in Murramarang National Park relating to Merry Beach Caravan Park\n\n> > (1) The reservation under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) as national park of the following land that is part of Murramarang National Park is revoked:\n> > \n> > > An area of about 6.5 hectares, being the land edged red on the diagram catalogued Misc R00107 (Edition 1) in the Department of Environment, Climate Change and Water, subject to the variations or exceptions noted on that diagram.\n> \n> > (2) On the revocation of the reservation as national park of the land described in subsection (1), that land vests in the Crown for an estate in fee simple subject to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), 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 land was subject, and any such dedication, reservation, grant or vesting is revoked.\n> \n> > (3) An adjustment of the description of land in subsection (1) may be made under section 15, and for that purpose a notice under that section may amend the description in subsection (1). The adjustment may be made for the purpose of revoking the reservation of land lawfully occupied by caravans in addition to the other purposes for which an adjustment may be made under section 15.\n> \n> **s 11:** Am 2017 No 17, Sch 4.63 \\[5\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Area in Manna State Forest to become special management zone","content":"#### 12 Area in Manna State Forest to become special management zone\n\n12 Area in Manna State Forest to become special management zone\n\n> The Minister administering the [Forestry Act 1916](/view/html/repealed/current/act-1916-055) is, before 1 January 2013, to declare an area of land within Manna State Forest to be a special management zone under section 21A of the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), being an area of land that the Minister and the NPW Minister agree is of high conservation value (including Aboriginal cultural heritage value).","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Review of classification as state conservation area","content":"#### 13 Review of classification as state conservation area\n\n13 Review of classification as state conservation area\n\n> > (1) This section applies to land described in Schedule 1, 4 or 5 that is reserved by this Act as state conservation area.\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 state conservation area and which areas of the land should be reserved as national park, 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 state conservation area) is taken to be reserved as national park under the relevant Schedule to this Act (and the reservation of the land as state conservation area is revoked).\n> \n> > (5) A determination under this section may apply to part only of a particular description of land in a relevant Schedule.\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 a relevant Schedule to this Act to include in a reservation of land effected by the operation of subsection (4) particulars of its reservation as national park on 1 January 2012, including the name of the national park concerned.\n> \n> Note.\n> \n> Schedule 7 contains an amendment to the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056) that requires a similar review in relation to areas reserved as Zone 3 under that Act.\n> \n> **s 13:** Am 2011 No 55, Sch 2 \\[4\\].","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Land subject to Aboriginal land claims","content":"#### 14 Land subject to Aboriginal land claims\n\n14 Land subject to Aboriginal land claims\n\n> > (1) This section applies to land that, immediately before 1 January 2011, is subject to a pending land claim under Division 2 of Part 2 of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042) and that is reserved under Schedule 4 or 5 to this Act or by the amendments made to the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056) by Schedule 7 to this Act.\n> \n> > (2) Land to which this section applies is taken, for the purposes only of Division 2 of Part 2 of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042), not to be reserved by the operation of Schedule 4 or by the amendments made by Schedule 7 to this Act, and accordingly any such pending land claim may continue to be dealt with under that Act.\n> \n> > (3) If any such pending land claim is granted under Division 2 of Part 2 of the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042) and land is transferred under that Division, the land transferred ceases to be reserved under Schedule 4 or under the [Brigalow and Nandewar Community Conservation Area Act 2005](/view/html/inforce/current/act-2005-056) as amended by Schedule 7.\n> \n> > (4) For the purposes of this section, a pending land claim includes a land claim that is subject to a pending appeal to the Land and Environment Court or a pending right to make such an appeal.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Adjustment of description of land transferred to national park estate","content":"#### 15 Adjustment of description of land transferred to national park estate\n\n15 Adjustment of description of land transferred to national park estate\n\n> > (1) The description of any land in Schedules 1–6 (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> > Any such adjustment 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> > (3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment, Climate Change and Water by a notice published on the NSW legislation website that amends a relevant Schedule.\n> \n> > (4) 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 1916](/view/html/repealed/current/act-1916-055), 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> > (5) The Director-General of the Department of Environment, Climate Change and Water 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 be made only before:\n> > \n> > > (a) 1 January 2013, except as provided by paragraphs (b)–(d), or\n> > \n> > > (b) 1 January 2014, in the case of an adjustment of the description of land in item 1 or 2 of Schedule 2 or of the boundary of any land adjoining a public road (other than the boundary of any land described in item 3 or 4 of Schedule 2), or\n> > \n> > > (c) 1 January 2016, in the case of an adjustment of the description of land in item 3 of Schedule 2 or of the boundary of any such land adjoining a public road, or\n> > \n> > > (d) 1 January 2017, in the case of an adjustment of the description of land in item 4 of Schedule 2 or of the boundary of any such land adjoining a public road.\n> \n> > (7) If any of the land described in a relevant Schedule on the commencement of the Schedule 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 the Schedule, the land concerned is taken to have been subject, on and from the commencement of the Schedule, 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, Climate Change and Water 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> > 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> > 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).\n> \n> **s 15:** Am 2011 No 55, Sch 2 \\[5\\]; 2017 No 17, Sch 4.63 \\[6\\].","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Forestry operations on land remaining as State forest","content":"# Part 3 Forestry operations on land remaining as State forest\n\nPart 3 Forestry operations on land remaining as State forest","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Definitions","content":"#### 16 Definitions\n\n16 Definitions\n\n> > (1) In this Part:\n> > \n> > Crown-timber lands has the same meaning as it has in the [Forestry Act 1916](/view/html/repealed/current/act-1916-055).\n> > \n> > South-Western forestry operations means forestry operations within the meaning of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) to which Part 5B of that Act applies that are carried out in South-Western State forests.\n> > \n> > South-Western State forests means State forests and other Crown-timber lands in the South-Western area, and include (while they remain State forests) the State forests to which Schedule 2 applies and the State forests of Wilbertroy, Blow Clear West, Yathong and Banandra.\n> \n> > (2) For the purposes of this Part, forestry operations includes operations for the production or collection of firewood.\n> \n> **s 16:** Am 2012 No 96, Sch 4.22.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Integrated forestry operations approval for South-Western forestry operations","content":"#### 17 Integrated forestry operations approval for South-Western forestry operations\n\n17 Integrated forestry operations approval for South-Western forestry operations\n\n> > (1) An integrated forestry operations approval may be granted under Part 5B of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) for South-Western forestry operations.\n> \n> > (2) The substitution of this section by the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) does not affect any integrated forestry operations approval in force immediately before that substitution.\n> \n> **s 17:** Am 2012 No 96, Sch 4.22 \\[1\\]; 2018 No 40, Sch 3.9.","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Act to bind Crown","content":"#### 18 Act to bind Crown\n\n18 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":21},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 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 the [National Parks and Wildlife Legislation Amendment (Reservations) Act 2011](/view/html/repealed/current/act-2011-055).\n> \n> > (3) Any such provision may, if the regulations so provide, take effect from 1 January 2011 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 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.\n> \n> **s 19:** Am 2011 No 55, Sch 2 \\[6\\].","sortOrder":22},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"State forests reserved as national park, nature reserve or state conservation area on 1 January 2011","content":"# Schedule 1 State forests reserved as national park, nature reserve or state conservation area on 1 January 2011\n\nSchedule 1 State forests reserved as national park, nature reserve or state conservation area on 1 January 2011\n\n(Sections 4 and 5)\n\nThe reservations in this Schedule are restricted to a depth of 100 metres below the surface of the land.\n\n**sch 1:** Am 2012 (688), Sch \\[1\\]–\\[9\\].","sortOrder":23},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"State forests reserved as national park or nature reserve on or after 1 January 2012","content":"# Schedule 2 State forests reserved as national park or nature reserve on or after 1 January 2012\n\nSchedule 2 State forests reserved as national park or nature reserve on or after 1 January 2012\n\n(Sections 4 and 6)\n\n**sch 2, hdg:** Am 2011 No 55, Sch 2 \\[7\\].\n\nThe reservations in this Schedule are restricted to a depth of 100 metres below the surface of the land.","sortOrder":38},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"State forests that became Crown land on 1 January 2011","content":"# Schedule 3 State forests that became Crown land on 1 January 2011\n\nSchedule 3 State forests that became Crown land on 1 January 2011\n\n(Sections 4 and 7)\n\n**sch 3, hdg:** Subst 2017 No 17, Sch 4.63 \\[7\\].","sortOrder":43},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Crown land reserved as national park, nature reserve or state conservation area on 1 January 2011","content":"# Schedule 4 Crown land reserved as national park, nature reserve or state conservation area on 1 January 2011\n\nSchedule 4 Crown land reserved as national park, nature reserve or state conservation area on 1 January 2011\n\n(Section 8)\n\n**sch 4:** Am 2011 (705).","sortOrder":49},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Joulni Station, Willandra Lakes, added to Mungo National Park or Mungo State Conservation Area","content":"# Schedule 5 Joulni Station, Willandra Lakes, added to Mungo National Park or Mungo State Conservation Area\n\nSchedule 5 Joulni Station, Willandra Lakes, added to Mungo National Park or Mungo State Conservation Area\n\n(Section 9)","sortOrder":58},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"State forests vested in NPW Minister on 1 January 2011","content":"# Schedule 6 State forests vested in NPW Minister on 1 January 2011\n\nSchedule 6 State forests vested in NPW Minister on 1 January 2011\n\n(Sections 4 and 10)\n\n**sch 6:** Am 2012 (688), Sch 1 \\[10\\].","sortOrder":61},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":null,"content":"# Schedule 7\n\nSchedule 7 (Repealed)\n\n**sch 7:** Rep 1987 No 15, sec 30C.","sortOrder":79},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Land transfers—ancillary and special provisions","content":"# Schedule 8 Land transfers—ancillary and special provisions\n\nSchedule 8 Land transfers—ancillary and special provisions\n\n**sch 8:** Am 2011 No 55, Sch 2 \\[8\\] \\[9\\]; 2017 No 17, Sch 4.63 \\[8\\]–\\[14\\].","sortOrder":80},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":null,"content":"# Schedule 9\n\nSchedule 9 (Repealed)\n\n**sch 9:** Rep 1987 No 15, sec 30C.","sortOrder":91}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as provided has been altered by later amendments and statutory substitutions which change scope and cross‑references. Examples: definitions and schedule entries were amended (marginal notes to s3, s4, s6), Schedule 3 was substituted in 2017 so some State forests became Crown land subject to the Crown Land Management Act 2016 (s7 note), forestry provisions were updated to reflect the Forestry Act 2012 (s16–17 notes), and various schedule adjustments and timing windows were modified (s15 notes). These amendments shift administrative responsibility and update links to newer land‑management statutes, so assessing current scope requires reading those amendments together with the base Act."},"complexity_factors":["Large schedule-driven land transfers: six Schedules list many separately described parcels with varying treatment (reservation, vesting, exclusions) increasing factual complexity.","Phased timing rules: transfers and revocations occur on different dates (1 Jan 2011 and later \"relevant dates\" for items in Schedule 2), creating temporal complexity (see s3 definition of relevant date; ss4–6).","Cross‑legislative dependencies: numerous operative links to other statutes (Forestry Act 1916/2012, National Parks and Wildlife Act 1974, Crown Land Management Act 2016, Roads Act 1993, Aboriginal Land Rights Act 1983) require reading multiple instruments together (see e.g. ss3,6,10,15, sch8).","Preservation of pre‑existing interests: the Act preserves freehold, continued perpetual/special/term leases and Western Lands leases from reservation and limits the effect of vesting (sch8 cl 1; s10(2); sch8 cl 4,8), needing careful title and lease analysis.","Administrative discretion and procedural steps: Director‑General and multiple Ministers must publish notices, give approvals or concur for adjustments, rights‑of‑way and orders (see s15 (DG notices, approvals and certification), sch8 cl 5 (NPW Minister orders/concurrence)).","Rights-of-way and access treatment: bespoke treatment for access roads, automatic vesting, mandatory grant of replacement rights‑of‑way and later orders to exclude/include roads impose layered property‑access rules (sch8 cl 5).","Limits on forestry activity before transfer: some licences/permits cannot be issued or renewed without Director‑General approval prior to reservation (s6(3)), adding regulatory supervision over ongoing operations.","Adjustment mechanics and retrospective effect rules: s15 allows boundary adjustments by DG notice, with certification that adjustments won’t significantly reduce estate size/value and with transitional timing windows — legal effects can be retrospective as to reservation status (ss15(3)–(9)).","Special provisions for Aboriginal land claims and compensatory reservations: s14 preserves pending Aboriginal land claims for certain lands; sch4 Part 2 provides compensatory reservation tied to a revocation, adding targeted exceptions.","Amendment history embedded in the text: multiple amendment notes (2011, 2012, 2017, 2018) alter definitions, schedules and cross‑references, so current operation depends on tracked legislative amendments (see marginal notes to ss3,4,6,7,15,16,17 and various sch notes)."],"plain_english_summary":"This Act takes many named parcels of State forest and Crown land in the South‑West area and, on specified dates, revokes their State‑forest status and brings them into the National Park estate as national parks, nature reserves or state conservation areas. It vests some parcels in the Minister responsible for national parks, preserves certain existing leases and access rights, and establishes administrative procedures for boundary adjustments and forestry activity approvals. It matters to landholders, leaseholders, forestry operators and agencies because it changes who manages the land and what approvals are required."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has undergone at least eight amendments since its original commencement in November 2010, with changes occurring as recently as November 2018. This pattern — common in national park reservation Acts — typically reflects adjustments to the precise boundaries of reserved land, additions or removals of specific parcels, or changes to conditions applying to the reservations. This suggests the scope has been incrementally refined from the original reservation boundaries, rather than remaining static as first enacted."},"complexity_factors":["The Act is essentially declaratory in nature — its primary function is to designate specific land parcels, which is straightforward in legal terms","Multiple amendments across 2010–2018 add minor complexity, as different versions apply to different time periods","The substantive legal effect depends heavily on cross-referencing the National Parks and Wildlife Act 1974 (NSW), which is not reproduced here","Geographic/cadastral (land boundary and title) descriptions of reserved land can be technically complex to interpret without accompanying maps","Interaction with existing forestry licences, access rights, and Crown land arrangements may create complexity for affected parties in practice"],"plain_english_summary":"This Act permanently reserves specified cypress-forest parcels in south‑western NSW into the national park estate, placing them under protected-management and removing permissions for activities like commercial logging or mining. It affects local landholders, graziers and forestry operators who lose prior access or use rights, while benefiting conservation groups, the public and the NSW National Parks and Wildlife Service charged with managing the newly protected areas."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: the transfer of specific State forests and Crown lands in south-western NSW to the national park estate. While amendments have updated references to successor legislation (notably replacing Crown Lands Act 1989 with Crown Land Management Act 2016, and Forestry Act 1916 references with Forestry Act 2012 for integrated forestry operations), these are mechanical updates rather than substantive expansions of scope. The core mechanism—schedules of land transfers with staged dates—remains unchanged from the original 2010 intent."},"complexity_factors":["Multiple staggered commencement dates (1 January 2011, 2012, 2014, 2015) creating a phased implementation","Extensive cross-referencing to at least 6 other Acts (National Parks and Wildlife Act 1974, Forestry Act 1916, Crown Land Management Act 2016, Aboriginal Land Rights Act 1983, Forestry Act 2012, Roads Act 1993)","Complex land description methodology using historical Gazette proclamations, diagram references (Misc R00232 etc.), and lot/DP numbers","Nested exceptions and savings clauses preserving existing leases, permits and access rights across multiple tenures","Conditional logic for land adjustments (section 15) with multiple ministerial approvals required and time limits varying by Schedule item","Dual status provisions where land is reserved but excluded from reservation if subject to Aboriginal land claims (section 14)","Specific technical provisions for subsurface rights (restricted to 100 metres below surface) and access roads (Schedule 8, clause 5)","Repealed and substituted sections indicating legislative evolution (sections 7, 10, 17; Schedules 7 and 9 repealed)"],"plain_english_summary":"This law transfers large areas of State forest and Crown land in south-western New South Wales into the national park estate. It is essentially a land-swap and conversion mechanism designed to expand conservation areas.\n\n**What it does:**\n- **Revokes State forest status** for specific parcels of land (Schedules 1, 2, 3 and 6), meaning they are no longer managed for timber production.\n- **Reserves most of that land as national parks, nature reserves or state conservation areas** under the National Parks and Wildlife Act 1974, giving it permanent environmental protection.\n- **Transfers some land to the NPW Minister** (Minister for National Parks and Wildlife) to hold for future conservation purposes, while preserving existing leases like perpetual leases or Western lands leases (Schedule 6).\n- **Converts some State forests to Crown land** managed under the Crown Land Management Act 2016 (Schedule 3).\n- **Adds specific Crown land and purchased properties** (like Joulni Station at Willandra Lakes) to the national park system (Schedules 4 and 5).\n- **Manages a land swap at Merry Beach Caravan Park**: It revokes part of Murramarang National Park to allow for caravan park expansion, but compensates by adding equivalent land to Meroo National Park (Schedule 4, Part 2 and section 11).\n\n**Who it affects:**\n- **The environment**: Over 100,000 hectares of cypress pine forests and woodlands gain protected status.\n- **Existing leaseholders**: People with perpetual leases, Western lands leases or other Crown land tenures can continue their activities on land vested in the NPW Minister (Schedule 6).\n- **Local communities and access**: The Act preserves access roads through new national parks to private properties and maintains existing rights of way.\n- **Aboriginal land claimants**: Land claims made under the Aboriginal Land Rights Act 1983 can still proceed on affected lands, and if granted, the conservation reservation is lifted (section 14).\n\n**Why it matters:**\nThis is a major expansion of NSW's conservation reserve system, specifically protecting \"South-Western Cypress\" forests—critical habitats in the semi-arid zone. It balances conservation with existing land use by allowing staged conversions (some immediate, some delayed until 2012–2015) and protecting existing leaseholders' rights."}},"importantCases":[],"_links":{"self":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010","history":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010/history","analysis":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010/analysis","conflicts":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010/conflicts","importantCases":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010/important-cases","documents":"/api/acts/national-park-estate-south-western-cypress-reservations-act-2010/documents"}}