Forestry Revocation and National Parks Reservation Act 1983
In ForceNSW
Jurisdiction
New South Wales
Act Number
37 of 1983
Collection
act
Plain English Summary
3/10 complexity
This Act revokes the State‑forest dedications for the specific parcels listed and reserves those lands as national parks (ss 2–5; Schedules 1–2). It treats those reservations as if proclaimed under the National Parks and Wildlife Act 1974, preserves existing forestry leases while transferring administration to the national‑parks Minister, and saves prior acts and rights (Sch 4 cls 2–6). Who pays: existing leaseholders keep their interests but will be regulated under park law; the Minister acquires decision‑making and administration responsibility.
The Forestry Revocation and National Parks Reservation Act 1983 transfers the legal status of approximately 64,000 hectares of land in northern New South Wales from State forest (managed by the Forestry Commission) to national park (managed under the National Parks and Wildlife Act 1974). The Act operates in three steps. First, it revokes the dedications as State forest of the lands described in Schedules 1 and 2 (ss 2, 3), and revokes the notices setting aside the flora reserves described in Schedule 3 (s 4). Second, it reserves the same lands as national park or parts of existing national parks (s 5). Specifically, the lands in Schedule 1 become the Nightcap National Park (about 4,277 hectares); the lands in Part 1 of Schedule 2 become the Washpool National Park (about 23,445 hectares); the lands in Part 2 of Schedule 2 become part of the Border Ranges National Park (about 30,129 hectares); and the lands in Part 3 of Schedule 2 become part of the New England National Park (about 6,200 hectares). Third, the Act contains ancillary provisions in Schedule 4 that make the revocation effective despite the Forestry Act 1916 (cl 1), deem the reservations to have been made under the National Parks and Wildlife Act 1974 (cl 2), preserve existing leases, licences, permits and occupancies (cll 4, 5), and save acts done before commencement (cl 6). The Act does not itself impose management rules or penalties; those flow from the national park status conferred.
Main concepts
Current sections
Direct links to the current provisions in Forestry Revocation and National Parks Reservation Act 1983.
Revocation of certain State forests, including part of the Nightcap National Forest
2 Revocation of certain State forests, including part of the Nightcap National Forest
2 Revocation of certain State forests, including part of the Nightcap National Forest
The dedications as State forests or parts of State forests of the lands described in Schedule 1, including part of the Nightcap National Forest, are revoked.
3
Revocation of certain other State forests
3 Revocation of certain other State forests
3 Revocation of certain other State forests
The dedications as State forests or parts of State forests of the lands described in Schedule 2 are revoked.
4
Revocation of flora reserves
4 Revocation of flora reserves
4 Revocation of flora reserves
The notices described in Schedule 3 are revoked.
5
Reservation of lands as national parks or as parts of national parks
5 Reservation of lands as national parks or as parts of national parks
5 Reservation of lands as national parks or as parts of national parks
(1) The lands described in Schedule 1 are reserved as a national park to be known as the “Nightcap National Park”.
(2) The lands described in Part 1 of Schedule 2 are reserved as a national park to be known as the “Washpool National Park”.
(3) The lands described in Part 2 of Schedule 2 are reserved as part of the Border Ranges National Park.
(4) The land described in Part 3 of Schedule 2 is reserved as part of the New England National Park.
6
Ancillary provisions
6 Ancillary provisions
6 Ancillary provisions
Schedule 4 has effect.
Schedule 1
Nightcap National Park
Schedule 1 Nightcap National Park
Schedule 1
(Sections 2, 5 (1))
Nightcap National Park
Goonimbar State Forest
(including part of Nightcap National Forest)
All that piece or parcel of land containing about 3 197 hectares situate in the Shire of Tweed and the City of Lismore, Parishes of Gooninbar, Terania and Whian Whian, County of Rous, being the balance of Goonimbar State Forest No 344, dedicated by proclamation published in the Gazette of 23 February 1917 (being also part of Nightcap National Forest No 2, notified in the Gazette of 23 October 1936) and Extensions Nos 1 and 2 thereto, dedicated by proclamations published in the Gazettes of 4 July 1952 and 8 May 1970, respectively.
Part Whian Whian State Forest
(including part of Nightcap National Forest)
All that piece or parcel of land containing about 1 080 hectares situate in the Shires of Byron and Tweed and the City of Lismore, Parishes of Gooninbar and Whian Whian, County of Rous, being part of Whian Whian State Forest No 173, dedicated by proclamation in the Gazette of 28 October 1914, part of Whian Whian State Forest No 173, East Extension, dedicated by proclamation published in the Gazette of 16 February 1917 (being also parts of Nightcap National Forest No 2, notified in the Gazette of 23 October 1936) and Whian Whian State Forest No 173, No 9 Extension, dedicated by proclamation published in the Gazette of 21 May 1976, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 308 in the Forestry Commission of New South Wales subject to any variations or exceptions noted on that diagram.
Schedule 2
Schedule 2
Schedule 2
(Sections 3, 5 (2)–(4))
Part 1
Washpool National Park
Part 1 Washpool National Park
Part 1 Washpool National Park
Dandahra Creek State Forest
All that piece or parcel of land containing about 1 245 hectares situate in the Shire of Severn, Parish of Richmond, County of Drake, being the balance of Dandahra Creek State Forest No 353, No 3 Extension, dedicated by proclamation published in the Gazette of 13 December 1968.
Part Moogem State Forest
All that piece or parcel of land containing about 6 000 hectares situate in the Shires of Severn and Tenterfield, Parishes of Bajimba and Moogem, County of Clive, being the part of Moogem State Forest No 614, dedicated by proclamation published in the Gazette of 21 December 1917, within the Parishes of Bajimba and Moogem and Extensions Nos 6, 7 and 8 thereto, dedicated by proclamations published in the Gazettes of 18 April 1969, 21 May 1976, and 13 August 1976, respectively.
Part Washpool State Forest
All that piece or parcel of land containing about 16 200 hectares situate in the Shires of Copmanhurst and Severn, Parishes of Albert, Plevna and Richmond, County of Drake, being part of Washpool State Forest No 355, dedicated by proclamation published in the Gazette of 2 March 1917, part of No 1 Extension thereto, No 2 Extension thereto and part of No 3 Extension thereto, dedicated by proclamations published in the Gazettes of 19 October 1923, and 6 September 1968, respectively, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 309 in the Forestry Commission of New South Wales.
Part 2
Addition to Border Ranges National Park
Part 2 Addition to Border Ranges National Park
Part 2 Addition to Border Ranges National Park
Part Mount Lindesay State Forest
All that piece or parcel of land containing about 250 hectares situate in the Shire of Kyogle, Parish of Unumgar, County of Rous, being the part of Mount Lindesay State Forest No 542, dedicated by proclamation published in the Gazette of 10 August 1917, shown by hatching on the diagram catalogued Misc F 307 in the Forestry Commission of New South Wales.
Roseberry State Forest
All that piece or parcel of land containing about 15 422 hectares situate in the Shire of Kyogle, Parishes of Cougal, Findon, Loadstone and Unumgar, County of Rous, being the balance of Roseberry State Forest No 608, dedicated by proclamation published in the Gazette of 16 November 1917, and Extensions Nos 1, 2 and 3 thereto, dedicated by proclamations published in the Gazettes of 23 November 1973, 30 April 1982, and 21 January 1983, respectively.
Wiangaree State Forest
All that piece or parcel of land containing about 14 457 hectares situate in the Shire of Kyogle, Parishes of Cougal, Warrazambil and Worendo, County of Rous, being the balance of Wiangaree State Forest No 358, dedicated by proclamation published in the Gazette of 2 March 1917.
Part 3
Addition to New England National Park
Part 3 Addition to New England National Park
Part 3 Addition to New England National Park
Part Bellinger River State Forest
All that piece or parcel of land containing about 6 200 hectares situate in the Shire of Bellingen, Parishes of Dingle and Vautin, County of Raleigh, being part of Bellinger River State Forest No 651, dedicated by proclamation published in the Gazette of 9 August 1918, the balance of No 1 Extension thereto, and Extensions Nos 2 and 3 thereto, dedicated by proclamations published in the Gazettes of 14 August 1931, 26 June 1936, and 26 February 1943, respectively, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 310 in the Forestry Commission of New South Wales.
Schedule 3
Mount Lindesay Flora Reserve
Schedule 3 Mount Lindesay Flora Reserve
Schedule 3
(Section 4)
Mount Lindesay Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 16 March 1951, setting apart as a flora reserve (now Flora Reserve No 79950) an area of about 117 hectares in the Parish of Unumgar, County of Rous, being part of Mount Lindesay State Forest No 542, dedicated 10 August 1917.
Sheepstation Creek Flora Reserve
Notice under section 25A of the Forestry Act, 1916, published in the Gazette of 1 April 1966, setting apart as Flora Reserve No 79945 an area of about 162 hectares in the Parish of Worendo, County of Rous, being part of Wiangaree State Forest No 358, dedicated 2 March 1917.
Gradys Creek Flora Reserve
Notice under section 25A of the Forestry Act, 1916, published in the Gazette of 21 December 1973, setting apart as Flora Reserve No 79983 an area of about 1 500 hectares in the Parish of Worendo, County of Rous, being part of Wiangaree State Forest No 358, dedicated 2 March 1917.
Levers Plateau Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 13 June 1975, setting apart as Flora Reserve No 79987 an area of about 55 hectares in the Parish of Findon, County of Rous, being part of Roseberry State Forest No 608, dedicated 16 November 1917.
Nightcap Track Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 19 December 1975, setting apart as Flora Reserve No 79990 an area of about 225 hectares in the Parish of Whian Whian, County of Rous, being the parts of Whian Whian State Forest No 173, East Extension, dedicated 16 February 1917, and Whian Whian State Forest No 173, dedicated 28 October 1914, being also part of Nightcap National Forest No 2 notified in the Gazette of 23 October 1936.
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 4 March 1977, setting apart as Flora Reserve No 79990, No 1 Extension, an area of about 150 hectares in the Parishes of Gooninbar and Whian Whian, County of Rous, being the whole of Whian Whian State Forest No 173, No 9 Extension, dedicated 21 May 1976.
Schedule 4
Ancillary provisions
Schedule 4 Ancillary provisions
Schedule 4 Ancillary provisions
(Section 6)
sch 4: Am 2017 No 17, Sch 4.36.
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Forestry Revocation and National Parks Reservation Act 1983.
2 Revocation of certain State forests, including part of the Nightcap National Forest
2 Revocation of certain State forests, including part of the Nightcap National Forest
2 Revocation of certain State forests, including part of the Nightcap National Forest
The dedications as State forests or parts of State forests of the lands described in Schedule 1, including part of the Nightcap National Forest, are revoked.
3 Revocation of certain other State forests
3 Revocation of certain other State forests
3 Revocation of certain other State forests
The dedications as State forests or parts of State forests of the lands described in Schedule 2 are revoked.
4 Revocation of flora reserves
4 Revocation of flora reserves
4 Revocation of flora reserves
The notices described in Schedule 3 are revoked.
5 Reservation of lands as national parks or as parts of national parks
5 Reservation of lands as national parks or as parts of national parks
5 Reservation of lands as national parks or as parts of national parks
(1) The lands described in Schedule 1 are reserved as a national park to be known as the “Nightcap National Park”.
(2) The lands described in Part 1 of Schedule 2 are reserved as a national park to be known as the “Washpool National Park”.
(3) The lands described in Part 2 of Schedule 2 are reserved as part of the Border Ranges National Park.
(4) The land described in Part 3 of Schedule 2 is reserved as part of the New England National Park.
6 Ancillary provisions
6 Ancillary provisions
6 Ancillary provisions
Schedule 4 has effect.
Schedule 1 Nightcap National Park
Schedule 1 Nightcap National Park
Schedule 1
(Sections 2, 5 (1))
Nightcap National Park
Forestry Revocation and National Parks Reservation Act 1983 (New South Wales) | Zoe
Revocation means the formal cancellation of the earlier dedication of land as State forest under the Forestry Act 1916 or as a flora reserve under the same Act. The Act uses the word "revoked" in ss 2, 3 and 4, and Schedule 4 cl 1 makes clear that s 3 operates "notwithstanding the provisions of the Forestry Act 1916", so no further administrative step under that Act is needed. Reservation is the creation of a new legal interest in the land as national park, which under the National Parks and Wildlife Act 1974 would ordinarily be done by proclamation under s 33(2) or (3) of that Act. Schedule 4 cl 2 deems these reservations to have been made by such proclamations, except that s 35 of the 1974 Act is excluded from the deeming. That is significant: s 35 deals with the acquisition of land by agreement or compulsory process, so the exclusion means the Act itself provides the legal basis for the reservation without triggering any acquisition provisions. Existing interests are leases, licences, permits or occupancies that were current and in force immediately before the Act commenced (Schedule 4 cl 5(1)). These are preserved but transferred to the administration of the Minister administering the National Parks and Wildlife Act 1974. The concept of flora reserve appears in Schedule 3, where notices under s 25A of the Forestry Act 1916 set aside small areas (ranging from 55 to 1,500 hectares) for protection of plant communities; these notices are revoked and the land becomes part of the new national parks. Deemed reservation is a central legal mechanism: the Act treats the reservation as if it had been done by proclamation under the 1974 Act, making the land subject to that Act’s regulatory regime (including prohibitions on mining, timber harvesting and damage to wildlife) from the commencement date, without any further gazettal.
Who it affects
The Act directly affects the Forestry Commission of New South Wales, which loses control over the former State forests listed in Schedules 1 and 2, including the Goonimbar, Whian Whian, Dandahra Creek, Moogem, Washpool, Mount Lindesay, Roseberry, Wiangaree and Bellinger River State forests. The National Parks and Wildlife Service (and the Minister administering the National Parks and Wildlife Act 1974) gains control over those lands and the administration of existing interests on them (Schedule 4 cl 5). Holders of existing leases, licences, permits and occupancies are directly affected because their rights continue but are now administered by a different Minister and subject to the national park regime. For example, a grazing lease or timber licence that was current before commencement remains in force but must now be dealt with under the National Parks and Wildlife Act 1974 and the Crown Land Management Act 2016 (as substituted by the 2017 amendment to Schedule 4). Local councils in the Shires of Tweed, Lismore, Byron, Severn, Tenterfield, Copmanhurst, Kyogle and Bellingen are affected because the land is no longer State forest and may change in terms of rating, land use planning and access. The public acquires new national parks and additions to existing ones, gaining rights of access for recreation, but also becoming subject to the prohibitions and restrictions of the National Parks and Wildlife Act 1974. Holders of rights under the Crown Land Management Act 2016 (previously the Crown Lands Act 1989) are also affected because Schedule 4 cl 5(3)(b) gives the NPW Minister the powers of the relevant Minister under that Act in respect of existing interests on the subject lands. Indigenous communities and native title claimants may be affected, though the Act does not mention Aboriginal land rights or native title; the national park reservation could affect any future claims or co-management arrangements.
Key duties and rights
The Act itself creates few duties or rights beyond the transfer of land status. The principal duty imposed on any person is to comply with the National Parks and Wildlife Act 1974 from the commencement date, because the land is deemed reserved under that Act. That Act prohibits (among other things) the taking of protected fauna and flora, lighting fires, damaging park property, and carrying on commercial activities without a licence. However, the Act preserves existing interests: a lease, licence, permit or occupancy current immediately before commencement continues in force. Schedule 4 cl 4 applies s 42(2) of the National Parks and Wildlife Act 1974 to such interests; that provision (as it stood in 1983) allowed the NPW Minister to terminate or vary a licence or permit affecting land within a national park, but preserved lease rights. The practical effect is that a person holding a forestry lease over part of the former State forest retains their leasehold rights, but the lessor becomes the NPW Minister rather than the Forestry Commission. The lessee must now look to the NPW Minister for any approvals, renewals or variations. Holders of existing interests have the right to continue their use as before, subject to any conditions of the original grant, but they also have the duty to comply with the National Parks and Wildlife Act 1974 when exercising those rights. The Act does not specify any compensation mechanism for loss of value due to the change in management regime; the exclusion of s 35 of the 1974 Act suggests that the usual process for acquiring land did not apply, and the preservation of existing interests may have been intended to avoid compensation claims. The saving clause in Schedule 4 cl 6 provides that the revocation does not affect anything done or omitted to be done before commencement, so any legal rights or liabilities arising from prior acts remain.
Penalties and enforcement
The Forestry Revocation and National Parks Reservation Act 1983 does not itself create any offences or penalties. Enforcement relies entirely on the National Parks and Wildlife Act 1974, which applies to the land from commencement. That Act provides for penalties for offences such as hunting, damaging park property, lighting fires without authority, and undertaking commercial activities without a licence. The maximum penalties in the 1974 Act (as at 1983) included fines and, for serious offences, imprisonment. The National Parks and Wildlife Service is the enforcement authority, and its rangers and other authorised officers have powers of entry, inspection, seizure and arrest. Because the Act deems the reservations to have been made under s 33(2) and (3) of the 1974 Act, the land is fully within the regulatory framework of that Act, including its enforcement provisions. The exclusion of s 35 (acquisition) does not affect enforcement. For existing interests, any breach of the conditions of the lease, licence or permit could also lead to termination or variation under s 42(2) of the 1974 Act. The Act also preserves the validity of acts done before commencement, so any offences committed while the land was still State forest remain enforceable under the Forestry Act 1916, but the enforcement responsibility for those acts stays with the Forestry Commission. In practice, the transition would have required careful coordination to avoid gaps in enforcement. The Act does not provide for any new enforcement bodies or review mechanisms; challenges to the revocation or reservation would be through the ordinary judicial review process, but the Act’s wording (including the "notwithstanding" clause) appears designed to minimise the grounds for such challenges.
How it interacts with other laws
The Act overrides the Forestry Act 1916 with respect to the lands in Schedules 1 and 2. Schedule 4 cl 1 states that s 3 (revocation of State forests) has effect notwithstanding the Forestry Act 1916, meaning any procedural requirements in that Act for revoking State forest dedications are bypassed. Similarly, the revocation of flora reserves under s 4 operates without needing to follow the Forestry Act procedures. The Act interacts with the National Parks and Wildlife Act 1974 through the deeming provisions in Schedule 4 cl 2, which treat the reservations as if they were made by proclamation under s 33(2) and (3) of that Act. That brings the land fully within the national park regime, except that s 35 (acquisition) is excluded. Schedule 4 cl 3 deems the park names as having been assigned under s 36(a) of the 1974 Act. The Act also interacts with the Crown Land Management Act 2016 (as substituted by the 2017 amendment; originally the Crown Lands Act 1989) through Schedule 4 cl 5(3)(b), which gives the NPW Minister the powers of the Crown land Minister in respect of existing interests that were under the Crown land legislation. This means that if any part of the former State forest was subject to a lease under the Crown lands legislation, that interest is now administered by the NPW Minister. The Act does not mention the Environmental Planning and Assessment Act 1979, but the change in land status from State forest to national park would have implications for development applications and environmental impact assessments. The Native Title Act 1993 is not referenced (the Act predates it), so any future native title claims over the land would be subject to the national park reservation, which may affect the right to negotiate. The Act also interacts with local government laws: the land is no longer State forest, so local council rates and planning powers may apply differently, though national parks are generally exempt from local development controls.
Amendment history
The Act has been amended only once since its enactment. The single amendment is recorded in Schedule 4, which notes a change made by Act No 17 of 2017, Schedule 4.36. That amendment substituted the reference to the "Crown Lands Act 1989" with the "Crown Land Management Act 2016" in Schedule 4 cl 5(3)(b). The Crown Land Management Act 2016 replaced the Crown Lands Act 1989 as the primary legislation governing Crown land in New South Wales. The amendment was machinery in nature; it did not alter the substance of the Act or the land transfers, but merely updated the cross-reference to the current legislation. No other amendments have been made to the Act, meaning the original text from 1983 remains largely intact. The Act was passed by the Parliament of New South Wales in 1983 and commenced on its date of assent. The absence of subsequent amendments suggests that the land transfers were accepted and no further legislative changes were needed to manage the parks. The only significant change was administrative: updating the name of the Crown land statute. This is typical for Acts that effect a one-time transfer of land; once the reservations are in place, future management is governed by the general national parks legislation.
Litigation history
The Act itself does not record any litigation history. No cases are cited within its provisions, nor does the source text include any references to court proceedings. However, the transfer of land from State forest to national park in the early 1980s occurred against a background of significant environmental conflict in New South Wales, particularly the Terania Creek protests (1979) and the Nightcap dispute, which are directly relevant to the lands in Schedule 1. The Act effectively resolved those disputes by converting part of the contested Nightcap National Forest (and other forests) into a national park. It is possible that the Act was challenged in court, but if so, the challenge was unsuccessful or the case is not recorded in the legislative text. Given the use of a "notwithstanding" clause (Schedule 4 cl 1) and the deeming provisions that bypass normal procedures under the Forestry Act 1916 and the National Parks and Wildlife Act 1974, the Act was likely designed to be immune to procedural challenges. The exclusion of s 35 of the 1974 Act (acquisition) further suggests an intention to avoid litigation over compensation. In practice, the Act has been in force for over four decades without recorded amendment challenges, indicating that the land transfers are settled. Any litigation that may have occurred would have been in the Land and Environment Court of New South Wales over issues such as existing interests, boundary disputes, or compliance with the National Parks and Wildlife Act. Researchers would need to search court records directly; the Act does not provide a starting point.
Gotchas
Several features of the Act could catch out an unwary reader. First, the exclusion of s 35 of the National Parks and Wildlife Act 1974 from the deeming provisions (Schedule 4 cl 2). That section deals with acquisition of land; its exclusion means the reservation is achieved without the normal acquisition process, which could affect compensation rights or the ability to challenge the reservation. It also means that the reservation may not be treated as a compulsory acquisition for purposes of other legislation. Second, the "notwithstanding" clause in Schedule 4 cl 1 overrides any procedural requirements in the Forestry Act 1916. That means any argument that the revocation was procedurally defective under the Forestry Act is futile. Third, the saving clause (Schedule 4 cl 6) preserves acts done before commencement, but its precise scope is unclear: does it protect any pre-commencement breach of the Forestry Act? Probably not, but it could be used to argue that pre-existing obligations survive. Fourth, the detailed land descriptions in Schedules 1 and 2 refer to diagrams catalogued in the Forestry Commission (e.g., Misc F 308, 309, 307, 310). Those diagrams are not reproduced in the Act, so any boundary dispute would require access to those original documents. Fifth, the Act revokes flora reserves in Schedule 3 and does not reserve them separately; they become part of the national park. Someone who relied on the flora reserve status for particular protections may mistakenly think the protections remain; they are now governed by national park law, which may be stricter or different. Sixth, existing interests are preserved but their terms are frozen: a lease that was "current and in force" immediately before commencement remains in force, but any renewal or extension is now at the discretion of the NPW Minister under s 42(2) of the 1974 Act. A lessee who expected to be able to renew under the Forestry Act may find the rules changed. Seventh, the deeming provision (Schedule 4 cl 2) says the reservation is deemed made by proclamation under s 33(2) or (3) of the 1974 Act for all purposes "other than section 35". That means the land is treated as reserved under the 1974 Act, but the usual proclamation step never occurred, which could cause confusion for land titles or searches. Finally, the 2017 amendment updating the Crown lands reference might be missed by a reader relying on an unamended version.
How to comply
Compliance obligations depend on the status of the person and the activity. For the general public visiting the Nightcap, Washpool, Border Ranges or New England national parks (including the added sections), compliance is with the National Parks and Wildlife Act 1974 and the regulations made under it. That means no removal of plants or animals, no damage to park property, no lighting fires except in designated areas, and no commercial activities (including guided tours, photography for profit, or filming) without a licence. For holders of existing interests (leases, licences, permits or occupancies that were current when the Act commenced), the first step is to confirm that the interest is preserved under Schedule 4 cll 4 and 5. They should contact the National Parks and Wildlife Service (the administering body for the Minister) and provide evidence of the interest, such as the original grant document and proof it was in force immediately before commencement. They must continue to comply with any conditions of the interest, but they are now subject to the NPW Act and the directions of the NPW Minister. For example, a forestry licence that allowed timber harvesting before commencement may continue, but the NPW Minister may have the power to vary or terminate it under s 42(2) of the NPW Act. The lessee should seek written confirmation of the continued validity and any new conditions. For persons proposing new activities on the land (such as research, filming, or tourism ventures), they must apply for appropriate authorisations under the NPW Act, not under the Forestry Act. The land is no longer State forest, so any existing permits under the Forestry Act (other than those saved) are void. For local councils and utilities, the change in land status means that any infrastructure or development on the land (roads, power lines, water pipes) that was permitted under the Forestry Act may now require a lease or licence from the NPW Minister. The Act does not provide grandfathering for such infrastructure, except insofar as it falls within the definition of an "existing interest" (which typically requires a formal lease or licence). For boundary identification, anyone seeking to determine whether a particular parcel is affected should consult the original surveys and diagrams referenced in the Schedules (e.g., Misc F 308, 309, 307, 310) held by the Forestry Commission or its successor agencies, and compare with current cadastral maps. The Act does not provide a central registry of affected lots. The best practice for any party with a legal interest in land near or within the described areas is to obtain a formal determination from the NSW Department of Planning and Environment (which now administers the NPW Act) confirming whether the land is affected and what rights or restrictions apply.
All that piece or parcel of land containing about 3 197 hectares situate in the Shire of Tweed and the City of Lismore, Parishes of Gooninbar, Terania and Whian Whian, County of Rous, being the balance of Goonimbar State Forest No 344, dedicated by proclamation published in the Gazette of 23 February 1917 (being also part of Nightcap National Forest No 2, notified in the Gazette of 23 October 1936) and Extensions Nos 1 and 2 thereto, dedicated by proclamations published in the Gazettes of 4 July 1952 and 8 May 1970, respectively.
Part Whian Whian State Forest
(including part of Nightcap National Forest)
All that piece or parcel of land containing about 1 080 hectares situate in the Shires of Byron and Tweed and the City of Lismore, Parishes of Gooninbar and Whian Whian, County of Rous, being part of Whian Whian State Forest No 173, dedicated by proclamation in the Gazette of 28 October 1914, part of Whian Whian State Forest No 173, East Extension, dedicated by proclamation published in the Gazette of 16 February 1917 (being also parts of Nightcap National Forest No 2, notified in the Gazette of 23 October 1936) and Whian Whian State Forest No 173, No 9 Extension, dedicated by proclamation published in the Gazette of 21 May 1976, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 308 in the Forestry Commission of New South Wales subject to any variations or exceptions noted on that diagram.
Schedule 2
Schedule 2
(Sections 3, 5 (2)–(4))
Part 1 Washpool National Park
Part 1 Washpool National Park
Part 1 Washpool National Park
Dandahra Creek State Forest
All that piece or parcel of land containing about 1 245 hectares situate in the Shire of Severn, Parish of Richmond, County of Drake, being the balance of Dandahra Creek State Forest No 353, No 3 Extension, dedicated by proclamation published in the Gazette of 13 December 1968.
Part Moogem State Forest
All that piece or parcel of land containing about 6 000 hectares situate in the Shires of Severn and Tenterfield, Parishes of Bajimba and Moogem, County of Clive, being the part of Moogem State Forest No 614, dedicated by proclamation published in the Gazette of 21 December 1917, within the Parishes of Bajimba and Moogem and Extensions Nos 6, 7 and 8 thereto, dedicated by proclamations published in the Gazettes of 18 April 1969, 21 May 1976, and 13 August 1976, respectively.
Part Washpool State Forest
All that piece or parcel of land containing about 16 200 hectares situate in the Shires of Copmanhurst and Severn, Parishes of Albert, Plevna and Richmond, County of Drake, being part of Washpool State Forest No 355, dedicated by proclamation published in the Gazette of 2 March 1917, part of No 1 Extension thereto, No 2 Extension thereto and part of No 3 Extension thereto, dedicated by proclamations published in the Gazettes of 19 October 1923, and 6 September 1968, respectively, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 309 in the Forestry Commission of New South Wales.
Part 2 Addition to Border Ranges National Park
Part 2 Addition to Border Ranges National Park
Part 2 Addition to Border Ranges National Park
Part Mount Lindesay State Forest
All that piece or parcel of land containing about 250 hectares situate in the Shire of Kyogle, Parish of Unumgar, County of Rous, being the part of Mount Lindesay State Forest No 542, dedicated by proclamation published in the Gazette of 10 August 1917, shown by hatching on the diagram catalogued Misc F 307 in the Forestry Commission of New South Wales.
Roseberry State Forest
All that piece or parcel of land containing about 15 422 hectares situate in the Shire of Kyogle, Parishes of Cougal, Findon, Loadstone and Unumgar, County of Rous, being the balance of Roseberry State Forest No 608, dedicated by proclamation published in the Gazette of 16 November 1917, and Extensions Nos 1, 2 and 3 thereto, dedicated by proclamations published in the Gazettes of 23 November 1973, 30 April 1982, and 21 January 1983, respectively.
Wiangaree State Forest
All that piece or parcel of land containing about 14 457 hectares situate in the Shire of Kyogle, Parishes of Cougal, Warrazambil and Worendo, County of Rous, being the balance of Wiangaree State Forest No 358, dedicated by proclamation published in the Gazette of 2 March 1917.
Part 3 Addition to New England National Park
Part 3 Addition to New England National Park
Part 3 Addition to New England National Park
Part Bellinger River State Forest
All that piece or parcel of land containing about 6 200 hectares situate in the Shire of Bellingen, Parishes of Dingle and Vautin, County of Raleigh, being part of Bellinger River State Forest No 651, dedicated by proclamation published in the Gazette of 9 August 1918, the balance of No 1 Extension thereto, and Extensions Nos 2 and 3 thereto, dedicated by proclamations published in the Gazettes of 14 August 1931, 26 June 1936, and 26 February 1943, respectively, and being the land so dedicated delineated by hatched edging on the diagram catalogued Misc F 310 in the Forestry Commission of New South Wales.
Schedule 3 Mount Lindesay Flora Reserve
Schedule 3 Mount Lindesay Flora Reserve
Schedule 3
(Section 4)
Mount Lindesay Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 16 March 1951, setting apart as a flora reserve (now Flora Reserve No 79950) an area of about 117 hectares in the Parish of Unumgar, County of Rous, being part of Mount Lindesay State Forest No 542, dedicated 10 August 1917.
Sheepstation Creek Flora Reserve
Notice under section 25A of the Forestry Act, 1916, published in the Gazette of 1 April 1966, setting apart as Flora Reserve No 79945 an area of about 162 hectares in the Parish of Worendo, County of Rous, being part of Wiangaree State Forest No 358, dedicated 2 March 1917.
Gradys Creek Flora Reserve
Notice under section 25A of the Forestry Act, 1916, published in the Gazette of 21 December 1973, setting apart as Flora Reserve No 79983 an area of about 1 500 hectares in the Parish of Worendo, County of Rous, being part of Wiangaree State Forest No 358, dedicated 2 March 1917.
Levers Plateau Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 13 June 1975, setting apart as Flora Reserve No 79987 an area of about 55 hectares in the Parish of Findon, County of Rous, being part of Roseberry State Forest No 608, dedicated 16 November 1917.
Nightcap Track Flora Reserve
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 19 December 1975, setting apart as Flora Reserve No 79990 an area of about 225 hectares in the Parish of Whian Whian, County of Rous, being the parts of Whian Whian State Forest No 173, East Extension, dedicated 16 February 1917, and Whian Whian State Forest No 173, dedicated 28 October 1914, being also part of Nightcap National Forest No 2 notified in the Gazette of 23 October 1936.
Notice under section 25A of the Forestry Act 1916, published in the Gazette of 4 March 1977, setting apart as Flora Reserve No 79990, No 1 Extension, an area of about 150 hectares in the Parishes of Gooninbar and Whian Whian, County of Rous, being the whole of Whian Whian State Forest No 173, No 9 Extension, dedicated 21 May 1976.
Schedule 4 Ancillary provisions
Schedule 4 Ancillary provisions
Schedule 4 Ancillary provisions
(Section 6)
sch 4: Am 2017 No 17, Sch 4.36.
1 Revocation of State forests
1 Revocation of State forests
1 Revocation of State forests
Section 3 has effect notwithstanding the provisions of the Forestry Act 1916.
2 Reservation of lands as national parks
2 Reservation of lands as national parks
2 Reservation of lands as national parks
(1) The lands reserved as national parks by section 5 (1) and (2) shall, for the purposes of the National Parks and Wildlife Act 1974 (other than section 35 of that Act), be deemed to have been so reserved by proclamation made under section 33 (2) of that Act.
(2) The land reserved as parts of national parks by section 5 (3) and (4) shall, for the purposes of the National Parks and Wildlife Act 1974, (other than section 35 of that Act), be deemed to have been so reserved by proclamation made under section 33 (3) of that Act.
(3) A reference in the National Parks and Wildlife Act 1974 (other than in section 35 of that Act), to the publication of a proclamation under section 33 (2) or (3) of that Act shall, in relation to a reservation referred to in section 5, be deemed to be a reference to the enactment of this Act.
3 Names of national parks
3 Names of national parks
3 Names of national parks
A name assigned to a national park by section 5 (1) or (2) shall be deemed to have been assigned to that park by a proclamation referred to in section 36 (a) of the National Parks and Wildlife Act 1974.
4 Existing leases under the Forestry Act 1916
4 Existing leases under the Forestry Act 1916
4 Existing leases under the Forestry Act 1916
Section 42 (2) of the National Parks and Wildlife Act 1974, applies to and in respect of a lease under the Forestry Act 1916, being a lease:
(a) affecting any of the lands described in Schedule 1 or 2, and
(b) current and in force immediately before the commencement of this Act,
in the same way as it applies to a licence or permit under the Forestry Act 1916, affecting lands within a national park.
5 Administration of existing leases etc
5 Administration of existing leases etc
5 Administration of existing leases etc
(1) In this clause, existing interest means a lease, licence, permit or occupancy current and in force immediately before the commencement of this Act.
(2) The administration of matters relating to existing interests, to the extent that those interests affect any of the lands described in Schedules 1 and 2, is vested in the Minister administering the National Parks and Wildlife Act 1974.
(3) For the purposes of subclause (2), the Minister administering the National Parks and Wildlife Act 1974, shall have:
(a) in respect of existing interests under the Forestry Act 1916—the powers of the Minister administering that Act, and
(b) in respect of existing interests under the Crown Land Management Act 2016—the powers of the Minister administering that Act.
6 Saving
6 Saving
6 Saving
A revocation effected by this Act does not affect anything done or omitted to be done before the commencement of this Act.