{"id":"nsw:act-1987-196","name":"Wilderness Act 1987","slug":"wilderness-act-1987","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"196 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107260,"registerId":"nsw-act-1987-196-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 may be cited as the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> > (1) In this Act:\n> > \n> > conservation agreement has the same meaning as it has in the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > conservation area has the same meaning as it has in the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > Council means the National Parks and Wildlife Advisory Council constituted under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > development, in relation to a wilderness area, means:\n> > \n> > > (a) the erection of a building in that area,\n> > \n> > > (b) the carrying out of a work in, on, over or under that area,\n> > \n> > > (c) the use of that area or of a building or work in that area,\n> > \n> > > (d) the subdivision of that area, and\n> > \n> > > (e) the clearing of vegetation in that area.\n> > \n> > Director-General means the Director-General of the Department of Environment, Climate Change and Water.\n> > \n> > statutory authority means:\n> > \n> > > (a) a Government Department,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a council, a county council or a joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), and\n> > \n> > > (d) any other body constituted by or under an Act.\n> > \n> > wilderness area means lands (including subterranean lands) declared to be a wilderness area under this Act or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n> > \n> > wilderness protection agreement means an agreement entered into under section 10.\n> \n> > (2) A reference in this section:\n> > \n> > > (a) to the erection of a building includes a reference to the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land,\n> > \n> > > (b) to the carrying out of a work includes a reference to the rebuilding of, the making of alterations to, or the enlargement or extension of, a work, and\n> > \n> > > (c) to the subdivision of land is a reference to the subdivision of land as defined by section 4B of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (3) In this Act:\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> **s 2:** Am 1991 No 55, Sch 2 (1); 1995 No 11, Sch 1; 1996 No 139, Sch 2.36 (am 1997 No 55, Sch 2.18 \\[1\\]); 1997 No 152, Sch 4.47; 2009 No 56, Sch 2.77 \\[1\\]; 2010 No 38, Sch 3.14 \\[2\\]; 2017 No 65, Sch 2.34.","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 provide for the permanent protection of wilderness areas,\n> \n> > (b) to provide for the proper management of wilderness areas, and\n> \n> > (c) to promote the education of the public in the appreciation, protection and management of wilderness.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"#### 4 Act binds Crown\n\n4 Act binds Crown\n\n> > (1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n> \n> > (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Functions of Director-General etc relating to wilderness","content":"# Part 2 Functions of Director-General etc relating to wilderness\n\nPart 2 Functions of Director-General etc relating to wilderness","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Functions of Director-General and Service","content":"#### 5 Functions of Director-General and Service\n\n5 Functions of Director-General and Service\n\n> > (1) The Director-General has the following functions:\n> > \n> > > (a) to investigate and identify areas of land that are wilderness or are suitable to be declared as wilderness areas or for addition to existing wilderness areas,\n> > \n> > > (b) to consider and assess proposals made to the Director-General under this Act relating to wilderness, wilderness areas or possible wilderness areas,\n> > \n> > > (c) to promote such educational activities as the Director-General considers necessary in respect of wilderness or wilderness areas,\n> > \n> > > (d) in the case of each wilderness area, but subject to the terms of any wilderness protection agreement or conservation agreement relating to the area—to arrange for the carrying out of such works as the Director-General considers necessary in connection with the protection, management and maintenance of the area,\n> > \n> > > (e) to undertake such scientific research as the Director-General considers necessary in connection with the protection, management and use of wilderness areas,\n> > \n> > > (f) to enter into negotiations on behalf of the Minister in connection with the protection, management, use or declaration of existing or proposed wilderness areas,\n> > \n> > > (g) to take such other action as the Director-General considers necessary in connection with the carrying out of directions by the Minister relating to existing or proposed wilderness areas.\n> \n> > (2) The National Parks and Wildlife Service shall carry out such works and activities as the Minister may direct either generally or in any particular case in connection with wilderness areas.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Identification of wilderness","content":"#### 6 Identification of wilderness\n\n6 Identification of wilderness\n\n> > (1) An area of land shall not be identified as wilderness by the Director-General unless the Director-General is of the opinion that:\n> > \n> > > (a) the area is, together with its plant and animal communities, in a state that has not been substantially modified by humans and their works or is capable of being restored to such a state,\n> > \n> > > (b) the area is of a sufficient size to make its maintenance in such a state feasible, and\n> > \n> > > (c) the area is capable of providing opportunities for solitude and appropriate self-reliant recreation.\n> \n> > (2) In forming an opinion under subsection (1) the Director-General may consider any relevant circumstance, including:\n> > \n> > > (a) the period of time within which the area of land could reasonably be restored to a substantially unmodified state,\n> > \n> > > (b) whether, despite development which would otherwise render it unsuitable, the area of land is needed for the management of an existing or proposed wilderness area, and\n> > \n> > > (c) any written representations received by the Director-General from any person (including a statutory authority) as to whether the area of land should be identified as wilderness.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Wilderness proposals","content":"#### 7 Wilderness proposals\n\n7 Wilderness proposals\n\n> > (1) Any person, body or organisation (including a statutory authority) may submit to the Director-General a written proposal that an area of land be identified as wilderness, declared to be a wilderness area or added to an existing wilderness area.\n> \n> > (2) A proposal may be made by a person, body or organisation even though it is not the owner of the area of land concerned.\n> \n> > (3) On receipt of any such proposal that is not made by the owner of the area of land concerned, the Director-General shall notify the owner of the area.\n> \n> > (4) The Director-General shall, not later than 2 years after receiving any such proposal, consider the proposal and advise the Minister in relation to the proposal.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Wilderness areas","content":"# Part 3 Wilderness areas\n\nPart 3 Wilderness areas","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"General provisions","content":"## Division 1 General provisions\n\nDivision 1 General provisions","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Declaration of wilderness areas","content":"#### 8 Declaration of wilderness areas\n\n8 Declaration of wilderness areas\n\n> > (1) The Minister shall, by notification published in the Gazette, declare an area of land (which may, but need not, be restricted to land that is wholly or predominantly subterranean land):\n> > \n> > > (a) subject to a wilderness protection agreement, or\n> > \n> > > (b) subject to a conservation agreement referred to in section 16,\n> > \n> > to be a wilderness area.\n> \n> > (1A) The Minister may, by notification published in the Gazette, declare any lands reserved or dedicated under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) to be a wilderness area.\n> \n> > (1B) The Minister may not declare lands referred to in subsection (1A) to be a wilderness area unless the Director-General has identified those lands as wilderness in accordance with this Act.\n> \n> > (2) A notification under subsection (1) shall be published not later than 28 days after the agreement takes effect or at such later time as may be provided by the agreement.\n> \n> > (3) A declaration relating to an area of land subject to a wilderness protection agreement may be varied by a further notification published in the Gazette but shall not be revoked except by an Act of Parliament.\n> \n> > (4) A declaration relating to a conservation area may be varied or revoked by a further notification published in the Gazette and a copy of any notification revoking such a declaration shall be laid before each House of Parliament within the prescribed time after its publication.\n> \n> > (4A) A declaration under subsection (1A) may be varied by a further notification by the Minister published in the Gazette but must not be revoked except by an Act of Parliament.\n> \n> > (5) A declaration under this section does not, except as otherwise provided by any agreement under this Act, affect any existing interest in the area of land subject to the declaration.\n> \n> > (6) In this section:\n> > \n> > interest means any authority, authorisation, permit, lease, licence or occupancy, whether or not arising under an Act.\n> \n> **s 8:** Am 1988 No 20, Sch 20; 1990 No 108 Sch 1; 1991 No 55, Sch 2 (2); 2009 No 56, Sch 2.77 \\[2\\].","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Management principles for wilderness areas","content":"#### 9 Management principles for wilderness areas\n\n9 Management principles for wilderness areas\n\n> A wilderness area shall be managed so as:\n> \n> > (a) to restore (if applicable) and to protect the unmodified state of the area and its plant and animal communities,\n> \n> > (b) to preserve the capacity of the area to evolve in the absence of significant human interference, and\n> \n> > (c) to permit opportunities for solitude and appropriate self-reliant recreation (whether of a commercial nature or not).\n> \n> **s 9:** Am 2010 No 41, Sch 2.","sortOrder":12},{"sectionNumber":"Division 2","sectionType":"division","heading":"Wilderness protection agreements and conservation agreements","content":"## Division 2 Wilderness protection agreements and conservation agreements\n\nDivision 2 Wilderness protection agreements and conservation agreements","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Wilderness protection agreements","content":"#### 10 Wilderness protection agreements\n\n10 Wilderness protection agreements\n\n> > (1) The Minister may enter into a wilderness protection agreement relating to land identified by the Director-General as wilderness:\n> > \n> > > (a) if the land is owned by, or (being land owned by the Crown) is under the control of, a statutory authority (not being a Government Department or Administrative Office)—with the statutory authority, or\n> > \n> > > (b) if the land is owned by the Crown and is under the control of a Government Department or Administrative Office—with the responsible Minister.\n> \n> > (2) The Minister shall not enter into a wilderness protection agreement relating to land or an agreement varying such an agreement unless:\n> > \n> > > (a) where the land is subject to a residential tenancy agreement or other lease, the tenant or the lessee has consented in writing to the agreement, and\n> > \n> > > (b) where the land is subject to a mortgage, charge or positive covenant, the mortgagee, chargee or person entitled to the benefit of the covenant has consented in writing to the agreement.\n> \n> > (2A) The Minister must not enter into a wilderness protection agreement relating to land owned by a Local Aboriginal Land Council unless the New South Wales Aboriginal Land Council has consented in writing to the agreement.\n> \n> > (3) A statutory authority or Minister responsible for a statutory authority may enter into a wilderness protection agreement, and may carry out any functions under the agreement, despite the provisions of any Act whether enacted before or after the commencement of this Act.\n> \n> > (4) A reference in this section to land owned by the Crown does not include a reference to land held under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) other than land so held by a statutory authority.\n> \n> **s 10:** Am 2009 No 58, Sch 2.7; 2017 No 17, Sch 4.110 \\[1\\].","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Exhibition of proposed agreements","content":"#### 11 Exhibition of proposed agreements\n\n11 Exhibition of proposed agreements\n\n> > (1) When a draft wilderness protection agreement has been prepared, the Minister shall, before entering into the agreement:\n> > \n> > > (a) give public notice, in a form and manner determined by the Director-General, of the places at which, the dates on which, and the times during which, the draft agreement may be inspected by the public,\n> > \n> > > (b) publicly exhibit the draft agreement at the places, on the dates and during the times set out in the notice, and\n> > \n> > > (c) specify, in the notice, the period during which submissions may be made to the Minister.\n> \n> > (2) The Minister shall cause a copy of the draft wilderness protection agreement to be forwarded to the Council.\n> \n> > (3) Any person may, during the period referred to in subsection (1) (c), make written submissions to the Minister about the draft agreement.\n> \n> > (4) The Minister shall, before entering into the agreement, consider any submissions made under subsection (3) or by the Council.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Purpose and content of agreements","content":"#### 12 Purpose and content of agreements\n\n12 Purpose and content of agreements\n\n> > (1) A wilderness protection agreement may contain terms, binding on a statutory authority and, if the statutory authority is a Government Department or an Administrative Office, on the Crown:\n> > \n> > > (a) restricting the use of the area,\n> > \n> > > (b) requiring the statutory authority or Crown to refrain from or not to permit specified activities in the area,\n> > \n> > > (c) requiring the statutory authority or a person representing the Crown to carry out specified activities or to do specified things,\n> > \n> > > (d) requiring the statutory authority or Crown to permit access to the area by specified persons,\n> > \n> > > (e) without affecting the generality of paragraph (a), (b), (c) or (d), prohibiting, except where necessary for health or safety or essential management reasons or in emergencies, access to the area by motor vehicles, motor boats or other forms of transport,\n> > \n> > > (f) requiring the statutory authority or Crown to contribute towards costs incurred which relate to the area or the carrying out of functions under the agreement,\n> > \n> > > (g) specifying the manner in which any money provided to the statutory authority or Crown under the agreement shall be applied,\n> > \n> > > (h) requiring the statutory authority or Crown to repay money paid to it under the agreement if a specified breach of the agreement occurs, or\n> > \n> > > (i) providing for any other matter relating to the protection of the area, including the implementation of any plan of management for the area.\n> \n> > (2) A wilderness protection agreement may contain terms, binding on the Minister:\n> > \n> > > (a) requiring the Minister to provide financial assistance,\n> > \n> > > (b) requiring the Minister to provide technical advice,\n> > \n> > > (c) requiring the Minister to provide other assistance,\n> > \n> > > (d) requiring the Minister to carry out specified activities or do specified things, or\n> > \n> > > (e) providing for any other matter relating to the protection of the area, including the implementation of any plan of management for the area.\n> \n> > (3) The terms of a wilderness protection agreement shall not be inconsistent with the principles set out in section 9 for the management of wilderness areas.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Duration and variation of agreements","content":"#### 13 Duration and variation of agreements\n\n13 Duration and variation of agreements\n\n> > (1) A wilderness protection agreement shall have effect from a day, or on the happening of an event, specified in the agreement.\n> \n> > (2) An agreement may be varied by a subsequent agreement between the parties to the agreement and any such subsequent agreement shall be exhibited and be subject to the same procedures as are provided for an original agreement by section 11 before it is entered into.\n> \n> > (3) An agreement shall have effect until the declaration of the land subject to the agreement as a wilderness area is revoked.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Register of agreements","content":"#### 14 Register of agreements\n\n14 Register of agreements\n\n> > (1) The Director-General shall keep a register containing copies of wilderness protection agreements as in force from time to time.\n> \n> > (2) The register shall be open for public inspection during ordinary business hours, and copies of or extracts from the register shall be available, on payment of the fee fixed by the Director-General.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Proposals by statutory authorities affecting certain wilderness areas","content":"#### 15 Proposals by statutory authorities affecting certain wilderness areas\n\n15 Proposals by statutory authorities affecting certain wilderness areas\n\n> > (1) A statutory authority shall not carry out development in a wilderness area subject to a wilderness protection agreement or a conservation agreement unless:\n> > \n> > > (a) it has given written notice of the proposed development to the Minister, any other party to the agreement, any statutory authority on behalf of which the agreement was entered into and, in the case of a conservation agreement, any successor in title to the owner who entered into the conservation agreement, and\n> > \n> > > (b) it has received written notice from the Minister consenting to the development.\n> \n> > (2) The Minister may consent to the development only if:\n> > \n> > > (a) the Minister is of the opinion that the proposed development will not adversely affect the area, and\n> > \n> > > (b) in the case of an area subject to a wilderness protection agreement—the Minister responsible for the statutory authority which entered into the agreement, or on behalf of which the agreement was entered into, has consented to the development.\n> \n> > (3) In subsection (1), statutory authority includes an authorised network operator under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005) but does not include the Soil Conservation Service or a statutory authority carrying out development in accordance with the terms of a wilderness protection agreement.\n> \n> **s 15:** Am 2015 No 5, Sch 8.32.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Additional provisions relating to conservation agreements","content":"#### 16 Additional provisions relating to conservation agreements\n\n16 Additional provisions relating to conservation agreements\n\n> > (1) A conservation agreement may be entered into under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) in relation to an area of land identified by the Director-General as wilderness.\n> \n> > (2) In addition to any other terms it may contain, a conservation agreement relating to such an area of land may:\n> > \n> > > (a) prohibit, except where necessary for health or safety or essential management reasons or in emergencies, access to the area by motor vehicles, motor boats or other forms of transport, or\n> > \n> > > (b) provide for any other matter relating to the protection of the area.\n> \n> > (3) The terms of such a conservation agreement shall not be inconsistent with the principles set out in section 9 for the management of wilderness areas.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Plans of management for wilderness areas","content":"## Division 3 Plans of management for wilderness areas\n\nDivision 3 Plans of management for wilderness areas","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Plans of management for land subject to wilderness protection agreements","content":"#### 17 Plans of management for land subject to wilderness protection agreements\n\n17 Plans of management for land subject to wilderness protection agreements\n\n> > (1) The Director-General shall from time to time cause a plan of management to be prepared for an area of land subject to or proposed to be made subject to a wilderness protection agreement.\n> \n> > (2) A plan of management shall not be inconsistent with the principles set out in section 9 for the management of wilderness areas.\n> \n> > (3) A plan of management is not required to be prepared under this Act for an area of land if a plan of management is being or has been prepared under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) for that land.\n> \n> **s 17:** Am 1989 No 85, Sch 1 (1).","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Adoption etc of plan of management for land subject to wilderness protection agreement","content":"#### 18 Adoption etc of plan of management for land subject to wilderness protection agreement\n\n18 Adoption etc of plan of management for land subject to wilderness protection agreement\n\n> > (1) When a plan of management for an area of land subject to a wilderness protection agreement has been prepared, the Director-General shall refer the plan of management to the Council for its consideration and advice.\n> \n> > (2) The Director-General shall submit the plan of management to the Minister together with any comments or suggestions of the Council.\n> \n> > (3) The Minister shall, before adopting the plan of management, consider any comments or suggestions of the Council.\n> \n> > (4) The Minister may, with the consent of the other party to the agreement, adopt the plan of management without alteration or with such alterations as the Minister thinks fit or may refer it back to the Director-General and Council for further consideration.\n> \n> > (5) The Minister may, on the recommendation of the Director-General and with the consent of the other party to the agreement:\n> > \n> > > (a) alter or amend the plan of management from time to time,\n> > \n> > > (b) cancel the plan, or\n> > \n> > > (c) cancel the plan and substitute a new plan.\n> \n> > (6) The provisions of section 17 (2) apply to an alteration or amendment of any such plan of management.\n> \n> > (7) If the Minister has adopted a plan of management for an area of land subject to a wilderness protection agreement, it shall be carried out and given effect to by the Director-General and the other party to the agreement and (if applicable) the statutory authority on behalf of which the agreement was entered into.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Plans prepared under the National Parks and Wildlife Act 1974","content":"#### 19 Plans prepared under the National Parks and Wildlife Act 1974\n\n19 Plans prepared under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)\n\n> A plan of management for a wilderness area, or for any part of a wilderness area or an area subject to or proposed to be made subject to a wilderness protection agreement, that is prepared under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) shall not be inconsistent with the principles set out in section 9 for the management of wilderness areas.\n> \n> **s 19:** Am 1989 No 85, Sch 1 (2).","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Provisions relating to Crown land leases","content":"#### 20 Provisions relating to Crown land leases\n\n20 Provisions relating to Crown land leases\n\n> > (1) This section applies to land leased under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) where the land has been identified by the Director-General as wilderness and notice of that identification has been given by the Minister to the Minister administering the Act under which the land is leased.\n> \n> > (2) The Minister administering the Act under which the land is leased shall not under that Act:\n> > \n> > > (a) approve any change in use, or\n> > \n> > > (b) approve the conversion, sale or disposal,\n> > \n> > of land to which this section applies, without consulting the Minister administering this Act.\n> \n> **s 20:** Am 2017 No 17, Sch 4.110 \\[2\\].","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Resolution of certain disputes","content":"#### 21 Resolution of certain disputes\n\n21 Resolution of certain disputes\n\n> > (1) If a dispute arises between the Minister and a statutory authority or the Minister responsible for a statutory authority in relation to:\n> > \n> > > (a) a wilderness protection agreement or a proposed wilderness protection agreement,\n> > \n> > > (b) land leased under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058),\n> > \n> > > (c) a proposal to carry out development in a wilderness area, or\n> > \n> > > (d) any other matter arising out of this Act,\n> > \n> > a party to the dispute may submit that dispute to the Premier for settlement.\n> \n> > (2) On the submission of a dispute to the Premier, the Premier may:\n> > \n> > > (a) appoint a Commissioner of Inquiry to hold an inquiry and make a report to the Premier, or\n> > \n> > > (b) hold an inquiry into the dispute.\n> \n> > (3) After the completion of the inquiry, and after considering any report, the Premier may make such order with respect to the dispute, having regard to the public interest and to the circumstances of the case, as the Premier thinks fit.\n> \n> > (4) An order made by the Premier may direct the payment of any costs or expenses of or incidental to the holding of an inquiry.\n> \n> > (5) A Minister or statutory authority shall comply with an order given under this section and shall, despite the provisions of any Act, be empowered to comply with any such order.\n> \n> **s 21:** Am 2017 No 17, Sch 4.110 \\[3\\].","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Delegation","content":"#### 22 Delegation\n\n22 Delegation\n\n> > (1) The Minister may delegate to a person any of the Minister’s functions under this Act, other than this power of delegation.\n> \n> > (2) The Director-General may delegate to a person:\n> > \n> > > (a) any of the Director-General’s functions under this Act, other than this power of delegation, and\n> > \n> > > (b) any of the functions delegated to the Director-General by the Minister under this Act, subject to any conditions to which the delegation to the Director-General is subject.\n> \n> **s 22:** Am 2010 No 38, Sch 3.14 \\[3\\].","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Dunphy Wilderness Fund","content":"#### 23 Dunphy Wilderness Fund\n\n23 Dunphy Wilderness Fund\n\n> > (1) There shall be established in the Special Deposits Account in the Treasury a Dunphy Wilderness Fund.\n> \n> > (2) There shall be paid into the Fund:\n> > \n> > > (a) all money provided by Parliament for the purposes of this Act,\n> > \n> > > (b) any money received in connection with wilderness areas, including gifts for wilderness purposes received under section 148 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and\n> > \n> > > (c) any other money received in connection with the execution of this Act or authorised by the regulations to be paid into the Fund.\n> \n> > (3) There shall be paid out of the Fund:\n> > \n> > > (a) all amounts required to meet expenditure incurred in the execution of this Act,\n> > \n> > > (b) amounts required to be paid in accordance with a gift for wilderness purposes, and\n> > \n> > > (c) amounts authorised by the regulations to be paid out of the Fund.\n> \n> **s 23:** Am 1997 No 55, Sch 1.31.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Wilderness matters to be included in report","content":"#### 24 Wilderness matters to be included in report\n\n24 Wilderness matters to be included in report\n\n> In preparing the annual report for the National Parks and Wildlife Service, the Director-General shall report on the status of areas identified as wilderness and on matters relating to wilderness areas.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Relationship of Act to National Parks and Wildlife Act 1974","content":"#### 25 Relationship of Act to National Parks and Wildlife Act 1974\n\n25 Relationship of Act to [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)\n\n> Except as otherwise provided by this Act, nothing in this Act affects the operation of any of the provisions of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) in relation to land within a wilderness area.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Effect of Crown lands legislation","content":"#### 26 Effect of Crown lands legislation\n\n26 Effect of Crown lands legislation\n\n> Nothing in the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) affects:\n> \n> > (a) the operation of section 20, or\n> \n> > (b) the terms of a wilderness protection agreement relating to land held under any of those Acts.\n> \n> **s 26:** Am 2017 No 17, Sch 4.110 \\[4\\].","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Restraint etc of breaches of this Act","content":"#### 27 Restraint etc of breaches of this Act\n\n27 Restraint etc of breaches of this Act\n\n> > (1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act, whether or not any right of that person has been or may be infringed by or as a consequence of that breach.\n> \n> > (2) Proceedings under this section may be brought by a person on the person’s own behalf or on behalf of the person and other persons (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings.\n> \n> > (3) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Evidence of agreements","content":"#### 28 Evidence of agreements\n\n28 Evidence of agreements\n\n> > (1) In any legal proceedings, a certificate purporting to be signed by the Director-General or an officer of the National Parks and Wildlife Service authorised by the Director-General and certifying that at a time, or during a period, specified in the certificate:\n> > \n> > > (a) a wilderness protection agreement relating to land specified in the certificate was in force, and\n> > \n> > > (b) the agreement contained the terms specified in the certificate,\n> > \n> > is prima facie evidence of the matter or matters so certified.\n> \n> > (2) In any legal proceedings, a document purporting to be certified by the Director-General as a copy of a wilderness protection agreement is prima facie evidence of the agreement.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 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) In particular, the regulations may make provision for or with respect to wilderness areas.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.\n> \n> > (4) A regulation made under this Act applying:\n> > \n> > > (a) to a wilderness area under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)—shall have no effect to the extent to which it is inconsistent with a regulation under that Act applying to that area, or\n> > \n> > > (b) to an area subject to a wilderness protection agreement or conservation agreement—shall have no effect to the extent to which it is inconsistent with the terms of that agreement.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Proceedings for offences","content":"#### 30 Proceedings for offences\n\n30 Proceedings for offences\n\n> Proceedings for an offence against the regulations shall be dealt with summarily before the Local Court.\n> \n> **s 30:** Am 2007 No 94, Sch 4.","sortOrder":36}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act’s operative scope is described by its objects (s 3) and implemented through identification, agreement, declaration, management and enforcement mechanisms set out across the Act. Certain provisions clarify or specify technical boundaries (for example, allowing declaration of subterranean land, s 8(1), and preserving operation of the National Parks and Wildlife Act in declared areas, s 25), but those provisions operate within the Act’s stated purpose rather than expanding its objects. The Act therefore sets out detail and inter‑legislative relationships to give effect to its original stated aims rather than changing the fundamental scope established in s 3."},"complexity_factors":["Multiple decision makers with overlapping roles (Director‑General, Minister, Council, Premier) (ss 5, 8, 11, 21).","Discretionary identification criteria requiring judgment about restoration feasibility and human modification (s 6).","Procedural requirements for drafting, exhibiting and consulting on agreements and management plans (ss 11, 17–18).","Consent and notification chains involving owners, tenants, mortgagees, Local Aboriginal Land Council and statutory authorities (ss 7, 10(2), 10(2A), 15).","Interplay with other legislation (National Parks and Wildlife Act 1974; Crown Land Management Act 2016) creating cross‑statutory dependencies and exceptions (ss 8(1A), 25–26).","Varied legal remedies and evidentiary rules (civil restraints in Land and Environment Court, regulatory offences, prima facie certificates) (ss 27–30, 28).","Financial mechanisms and obligations (Dunphy Wilderness Fund, contractual cost contributions, Ministerial assistance) that allocate fiscal responsibility (s 23, s 12)."],"plain_english_summary":"What this law does (mechanics first)\n\n- Identifies and protects \"wilderness areas\": the Director‑General of the Department of Environment, Climate Change and Water identifies land as wilderness (including subterranean land where declared) based on criteria such as being largely unmodified or restorable, sufficient size, and opportunities for solitude and self‑reliant recreation (see s 6).\n- Anyone (individuals, organisations, statutory authorities) may propose land for identification, and the Director‑General must consider proposals and advise the Minister within two years (s 7).\n- The Minister may enter into a wilderness protection agreement with the relevant land owner or responsible statutory authority for land identified as wilderness (s 8, s 10). Draft agreements must be publicly exhibited and the Minister must consider submissions and the Council’s advice before signing (s 11).\n- Once an agreement takes effect the Minister will declare the land a wilderness area by Gazette notice; some declarations (and variations) can only be revoked by Parliament (s 8).\n- Plans of management must be prepared for land subject to (or proposed for) a wilderness protection agreement and adopted after consideration by the Council and the Minister; plans must be consistent with the wilderness management principles in s 9 (ss 17–19).\n- Statutory authorities are restricted from carrying out development in areas subject to a wilderness protection agreement or conservation agreement unless they give notice and obtain the Minister’s written consent; the Minister may consent only if satisfied the development will not adversely affect the area (s 15).\n- The Minister and statutory authorities can be given specific obligations or payments under wilderness protection agreements; the Minister can also be bound to provide financial or technical assistance under an agreement (s 12).\n- Disputes between the Minister and a statutory authority (or responsible Minister) about agreements, development or related matters may be submitted to the Premier, who may hold or commission an inquiry and make binding orders (s 21).\n- Any person may bring proceedings in the Land and Environment Court to remedy or restrain breaches of the Act (s 27). Regulations may create offences (up to 5 penalty units) and proceedings for such regulatory offences are dealt with summarily in the Local Court (ss 29–30).\n- Financial administration for the Act’s purposes is channelled through the Dunphy Wilderness Fund in the Special Deposits Account; Parliamentary appropriations and specified receipts feed the Fund; payments for Act execution are payable from it (s 23).\n\nWho this affects and who decides\n\n- Decision makers: Director‑General (identification, plans, exhibits) (ss 5–7, 17–18), Minister (entering agreements, declarations, consenting to development, adopting plans) (ss 8, 10, 11, 15, 18), Council (advice on plans and draft agreements) (ss 11, 18), and the Premier (final dispute‑settlement power) (s 21).\n- Those affected: statutory authorities and Government Departments (can be parties to agreements and may be required to carry out or refrain from activities) (s 10, s 12); land owners, tenants and mortgagees (consent requirements for agreements and draft agreements must notify owners; tenants/lessees and mortgagees must consent in prescribed circumstances) (ss 7, 10(2)); Local Aboriginal Land Councils (special consent requirement) (s 10(2A)); the public (exhibition and submissions processes) (s 11); and any person with standing to bring proceedings in the Land and Environment Court under s 27.\n\nStated purposes and how the Act pursues them\n\n- The Act expressly says its objects are to provide for the permanent protection of wilderness areas, proper management of those areas, and public education about them (s 3).\n- Mechanically the Act pursues those objects by setting identification criteria (s 6), creating a process for negotiation and formal agreements (s 10–13), requiring plans of management consistent with stated management principles (s 9, ss 17–19), and providing enforcement and dispute‑resolution paths (ss 21, 27). These are the steps the Act requires to translate the objects into on‑the‑ground legal effects.\n\nCosts, incentives, trade‑offs, compliance burdens and discretion (source‑grounded)\n\n- Who pays: the Minister can be required by a wilderness protection agreement to provide financial assistance to protect an area (s 12(2)(a)). Statutory authorities or the Crown can be required to contribute to costs or to repay money under the agreement (s 12(1)(f), (h)). Parliamentary appropriations and specified receipts fund the Dunphy Wilderness Fund, from which Act‑related expenditure is made (s 23).\n- Incentives and trade‑offs: declaring land as wilderness limits prospects for development in that area unless the Minister consents (s 15). That creates an opportunity cost for owners, lessees or statutory authorities with alternative development uses. At the same time the Act allows \"appropriate self‑reliant recreation (whether of a commercial nature or not)\" (s 9(c)), so some commercial recreation activity remains possible, subject to plans and agreements.\n- Compliance burdens and transaction costs: preparing, exhibiting and considering draft wilderness protection agreements and plans requires administrative steps (public notices, exhibitions, submission periods, Council consideration) (ss 11, 17–18). Owners, tenants and mortgagees must give written consent in specified cases before an agreement may be entered (s 10(2)). The Director‑General must keep a publicly inspectable register of agreements and may charge a fee for copies (s 14). Statutory authorities must give notice and obtain Ministerial consent before development in protected areas (s 15), which imposes procedural and evidentiary costs.\n- Bureaucratic and political discretion: the Director‑General forms a discretionary opinion when identifying wilderness (including considering how long restoration would take and written representations) (s 6). The Minister has discretionary powers to enter agreements, declare areas, consent to development, adopt or vary management plans, and delegate powers (ss 8, 10, 15, 18, 22). The Premier has broad discretion in resolving disputes and making binding orders after inquiries (s 21). These provisions concentrate practical decision authority in public officials and set formal procedures that constrain but do not eliminate discretion.\n- Enforcement and legal risk: any person may seek remedies or restraint orders in the Land and Environment Court for breaches, whether or not their own legal rights are affected (s 27). Regulations under the Act can create summary offences with monetary penalties (ss 29–30). Certificates from the Director‑General are prima facie evidence of agreement status in legal proceedings (s 28), which affects evidentiary burdens in litigation.\n- Interaction with other laws and limits: the Act works alongside the National Parks and Wildlife Act 1974 and other Crown land legislation. It preserves existing interests in land except as otherwise provided by agreements (s 8(5)), and it expressly does not affect the operation of the National Parks and Wildlife Act in relation to land within a wilderness area (s 25). It also provides that certain Crown land provisions do not affect specified parts of this Act (s 26). Those cross‑references create inter‑legislative dependencies that implement the Act’s objects while constraining unilateral changes through other statutes.\n\nPractical effects to expect on behaviour\n\n- Public authorities will need to factor the possibility of identification and binding wilderness protection agreements into land use planning and asset management decisions (ss 5, 10, 15).\n- Owners, tenants and mortgagees facing a proposed agreement will be required to participate in the process (notification, consent in particular cases) and may face limits on future development (ss 7, 10, 8(5), 15).\n- Developers or statutory authorities contemplating works in declared or agreement‑subject areas must seek Ministerial consent and demonstrate no adverse effect (s 15).\n- Members of the public can engage through submissions on draft agreements (s 11) and can commence court proceedings to restrain or remedy breaches (s 27).\n\nKey textual anchors: identification (s 6); declaration and effect (s 8); management principles (s 9); agreements and their terms and consents (ss 10–13); exhibition and public participation (s 11); development consent rules for statutory authorities (s 15); plans of management (ss 17–19); dispute settlement (s 21); enforcement and remedies (ss 27–30); funding (s 23)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of identifying, declaring, and protecting wilderness areas. While amendments have updated references to modern legislation (such as replacing Crown Lands Act 1989 with Crown Land Management Act 2016, and adding specific provisions for electricity network operators and Aboriginal Land Councils), these are technical updates and clarifications rather than expansions of scope. The core mechanism of wilderness protection agreements and the fundamental definition of wilderness in section 6 remain unchanged since 1987."},"complexity_factors":["Multiple cross-references to the National Parks and Wildlife Act 1974 (at least 10 references), requiring familiarity with that Act to fully understand definitions and procedures","Nested conditional logic in section 8 with multiple pathways for declaring wilderness areas (via wilderness protection agreements, conservation agreements, or direct declaration of reserved lands)","Dual agreement systems (wilderness protection agreements under this Act vs conservation agreements under the NPW Act) with overlapping but distinct rules","Multiple consent requirements in section 10 (tenant/lessee consent, mortgagee consent, Aboriginal Land Council consent) creating layered preconditions","Exception to exception in section 15(3) regarding which statutory authorities are covered by development restrictions","Dispute resolution mechanism involving the Premier with inquiry powers (section 21), adding procedural complexity","Interaction with Crown land management legislation requiring consultation between Ministers (section 20)","Public participation requirements (exhibition of draft agreements, submissions, Council advice) creating procedural steps"],"plain_english_summary":"This law protects wild, untouched natural areas in New South Wales by declaring them 'wilderness areas' and restricting what can be done there.\n\n**What it does:**\n- **Identifies wilderness**: The Director-General (head of the environment department) investigates and identifies land that is largely unmodified by humans, big enough to stay that way, and suitable for quiet, self-reliant recreation like hiking or camping.\n- **Declares protected areas**: The Minister can officially declare land as a 'wilderness area' through a public notice. Once declared, these areas get special legal protection.\n- **Restricts development**: 'Development' includes building structures, clearing vegetation, subdividing land, or using motor vehicles. These activities are heavily restricted or banned in wilderness areas unless essential for safety or management.\n- **Uses agreements for protection**: The government can enter into 'wilderness protection agreements' with public bodies (like councils or government departments) that own or control land. These agreements bind the parties to protect the area and can include restrictions on access and use.\n- **Requires management plans**: Each wilderness area must have a plan of management that follows specific principles: restoring and protecting the natural state, letting nature evolve without human interference, and allowing quiet recreation.\n\n**Who it affects:**\n- **Government agencies**: Must get permission before doing any development in wilderness areas and must follow management plans.\n- **Landowners and leaseholders**: If their land is identified as wilderness, they may be asked to enter into protection agreements. Special rules apply if the land is leased from the Crown (government-owned land).\n- **The public**: Can propose areas for wilderness protection and can take legal action to stop breaches of the Act. The public also has rights to inspect agreements and make submissions on draft agreements.\n- **Aboriginal Land Councils**: Special consent requirements apply if land is owned by a Local Aboriginal Land Council.\n\n**Why it matters:**\nThis Act ensures that some of NSW's most pristine natural areas remain untouched by urban development, mining, or intensive tourism. It creates a legal framework for keeping these places wild, while still allowing low-impact recreation and ensuring Aboriginal interests are considered."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has evolved from its 1987 origins through multiple amendments. The administrative scope has shifted — notably with the replacement of 'Director' with 'Director-General' across the whole Act in 2010, reflecting machinery-of-government changes. The addition of Climate Change ministerial responsibility suggests the Act's environmental scope has broadened beyond pure wilderness preservation to encompass climate considerations. A pending 2025 amendment bill signals further potential scope changes are imminent."},"complexity_factors":["The actual text of the legislation is not fully reproduced — only metadata, status information, and navigation elements are provided, limiting full analysis","Multiple amendments over time (1998–2018) create a layered legal history that requires cross-referencing historical versions","Administrative title changes (Director to Director-General) apply across the whole Act, creating potential for confusion when reading older materials","Dual ministerial responsibility (Minister for Environment and Minister for Climate Change) adds administrative complexity","Interaction with a pending 2025 amendment bill creates uncertainty about future scope","Interplay with other NSW environmental and land management legislation (not fully visible here) adds contextual complexity"],"plain_english_summary":"## NSW Wilderness Act 1987\n\nThis is a **New South Wales (state) law** designed to **protect wilderness areas** — that is, large tracts of land that are essentially untouched by modern human activity and development.\n\n### What does it do?\nThe Act establishes a legal framework for identifying, declaring, and managing wilderness areas in NSW. Once land is declared a \"wilderness area,\" it receives strong legal protection from development, logging, mining, and other human interference. The goal is to preserve these places in their natural state for future generations, ecological health, and biodiversity.\n\n### Who does it affect?\n- **Landowners and developers** near or within potential wilderness zones — their ability to use or develop land can be restricted\n- **Farmers and pastoralists** — agricultural activities may be limited in declared wilderness areas\n- **Recreational users** (hikers, campers, four-wheel drivers) — access to wilderness areas is controlled; motorised vehicles and infrastructure are generally not permitted\n- **Mining and forestry companies** — commercial extraction activities are typically prohibited\n- **Conservation groups** — they can advocate for land to be declared wilderness\n- **NSW Government agencies** — responsible for managing and enforcing wilderness protections\n\n### Why does it matter?\nThis law gives nature legal teeth. Without it, these wild places could be opened up to logging, mining, or development. It's one of the strongest environmental protection tools in NSW.\n\n### Key points to know:\n- The **Minister for the Environment** is responsible for administering the Act\n- The **Director-General** of the relevant government department oversees day-to-day management\n- The Act has been amended several times since 1987 to update administrative arrangements\n- A related **Environment and Water Legislation Amendment Bill 2025** is currently being considered, which may further change how this Act operates"}},"importantCases":[],"_links":{"self":"/api/acts/wilderness-act-1987","history":"/api/acts/wilderness-act-1987/history","analysis":"/api/acts/wilderness-act-1987/analysis","conflicts":"/api/acts/wilderness-act-1987/conflicts","importantCases":"/api/acts/wilderness-act-1987/important-cases","documents":"/api/acts/wilderness-act-1987/documents"}}