National Park Estate (Lower Hunter Region Reservations) Act 2006
In ForceNSW
Jurisdiction
New South Wales
Act Number
90 of 2006
Collection
act
Plain English Summary
6/10 complexity
This Act moves specific State forests and Crown land in the Lower Hunter into the national park estate — creating or expanding national parks, nature reserves, state conservation areas and flora reserves — revoking prior forestry dedications and vesting certain parcels in the National Parks & Wildlife (NPW) Minister while preserving some existing leases and excluding freehold or Crown land subject to pending Aboriginal claims.
Mechanically, the NPW Minister and the Director‑General gain management and boundary‑adjustment powers (within set time limits) and authority to grant or replace rights‑of‑way to maintain access; the Act operates despite inconsistent procedures in earlier forestry and parks laws.
This Act effects a set of focussed land transfers, vestings and reserve reclassifications in the Lower Hunter region by changing the legal status of specified parcels of Crown land and former State forest. Its primary mechanical operations are these:
Revokes State forest dedications for lands listed in Schedule 1 and Schedule 4 (s 4(1)), and at the same time revokes certain Forestry Act instruments that declared national forests, special management zones or flora reserves to the extent those instruments relate to the lands whose State forest dedication is revoked (s 4(2)-(4)).
Makes immediate reservations under the National Parks and Wildlife Act 1974 of lands described in Schedule 1 (as national park or state conservation area) (s 5(1)), and of Crown lands described in Schedule 2 (as national park, nature reserve or state conservation area) (s 6(1)). The Act expressly excludes from those automatic reservations any land that is also listed in Schedule 4 or 5 (s 5(2), s 6(3)).
Sets apart specified parts of State forest as flora reserves under the Forestry Act 1916 according to Schedule 3 (s 7(1)), and revokes certain Forestry Act notices to the extent they relate to those parts (s 7(2)).
Vests parcels listed in Schedules 4 and 5 in the NPW Minister (the Minister administering Divisions 1 and 2 of Part 4 of the National Parks and Wildlife Act 1974) in fee simple for the purposes of Part 11 of the NPW Act, freed and discharged from trusts, easements, dedications and similar encumbrances, subject to explicit carve‑outs for continued perpetual, special or term leases (s 8(1)-(2)).
Reclassifies a number of existing NPW reservations as other NPW categories (for example, transfers some land into Gir‑um‑bit National Park, Hunter Estuary National Park, Karuah National Park, Medowie Nature Reserve and Wallaroo National Park) as described in Schedule 6 (s 9(1)-(6)).
Provides a mechanism for post‑commencement technical adjustments to the descriptions of lands in Schedules 1-6 by notice of the Director‑General of the Department of Environment and Conservation on the NSW legislation website, subject to approvals and certification requirements (s 10(1)-(5), (9)).
Contains ancillary and special provisions that govern the application of other statutes (notably the Forestry Act 1916, the National Parks and Wildlife Act 1974, the Crown Land Management Act 2016, the Roads Act 1993 and the Aboriginal Land Rights Act 1983) to the transfers, including preservation or exclusion of existing freehold and certain leasehold interests, treatment of access roads, and administrative responsibility for existing interests (Schedule 7, cl 1-11).
Mechanically the Act alters title and statutory regime for specific parcels identified in its schedules. It creates immediate NPW Act reservations for the listed lands (Schedule 7, cl 3(1)-(3)), vests some parcels in the NPW Minister in fee simple (s 8(1)), and preserves specific leasehold interests (s 8(2); Schedule 7, cl 1). It also establishes time‑limited windows and administrative conditions for later boundary or description adjustments (s 10(6)). The instrument is explicit about which aspects of the Forestry Act and NPW Act are displaced or applied: it gives precedence to its own processes over different procedures in those Acts (Schedule 7, cl 2) and makes specific cross‑applications of NPW Act provisions to existing forestry leases (Schedule 7, cl 4).
The Act therefore functions primarily as a statutory conveyance and reclassification instrument: it converts State forest and Crown land parcels into NPW Act reservations and flora reserves, vests parcels in the NPW Minister where specified, and prescribes how pre‑existing rights, roads and leases are to be handled during and after those transfers.
Main concepts
Definitions
Crown land, NPW Minister and State forest are defined in s 3(1). Crown land borrows the statutory definition in the Crown Land Management Act 2016; NPW Minister is the Minister administering Divisions 1 and 2 of Part 4 of the National Parks and Wildlife Act 1974; State forest refers to land dedicated as a State forest under the Forestry Act 1916 (or the 1909 Act) where that dedication remains in force (s 3(1)).
Notes appended to the Act are declared not to form part of the legislation (s 3(2)).
Schedules and reserved categories
The Act operates by reference to schedules. Schedule 1 lists lands that cease to be State forest and are reserved as national parks or state conservation areas (see s 4 and s 5). Schedule 2 lists Crown lands that are reserved as national parks, nature reserves or state conservation areas (s 6). Schedule 3 lists lands set apart as flora reserves under the Forestry Act 1916 (s 7). Schedule 4 and Schedule 5 identify parcels vested in the NPW Minister (s 4 and s 8). Schedule 6 records internal NPW estate changes (s 9). Schedule 7 contains ancillary and special provisions that govern how the transfers operate.
Each Schedule describes land by approximate area and by reference to State forest numbers and departmental diagram identifiers; the diagrams in the Department of Environment and Conservation are the technical reference (Schedules 1-6).
Vesting and discharge
Land in Schedules 4 and 5 vests in the NPW Minister in fee simple for the purposes of Part 11 of the NPW Act, freed and discharged from trusts, obligations, estates, rights of way and other easements, and any prior dedications/reservations/vestings, except that continuing perpetual, special or term leases (as defined in Schedule 1 to the Crown Land Management Act 2016) are preserved (s 8(1)-(2)). The effect is an express statutory cleansing of title except for those defined lease interests.
Access roads and rights of way
Schedule 7, cl 5 establishes a distinct treatment for “access roads” within the lands described in Schedules 1 and 2. Those roads do not, on commencement, become reserved as part of the national park/nature reserve/state conservation area; instead they vest in the NPW Minister in fee simple (Schedule 7, cl 5(3)). The NPW Minister must by 1 July 2008 grant rights of way over such access roads to replace any rights of way that were properly granted under s 20A of the Forestry Act and in force immediately before 1 July 2007 (Schedule 7, cl 5(5)). The NPW Minister must also, before 1 July 2012, declare by Gazette order which access roads are excluded from reservation or not (Schedule 7, cl 5(7)). The Minister may revoke or vary those grants (Schedule 7, cl 5(6)), but while a private land holding remains in private ownership, the Minister may not close access roads that are the only practical means of access to that holding (Schedule 7, cl 5(10)).
Who it affects
Actors who pay, decide or change behaviour as a direct legal consequence of the Act are the following.
Government actors and agencies
NPW Minister: receives vestings (s 8(1)), is required to grant rights of way over access roads by specified dates (Schedule 7, cl 5(5)), may revoke or vary such grants (Schedule 7, cl 5(6)), and must publish orders by 1 July 2012 declaring which access roads are excluded from reservation (Schedule 7, cl 5(7)). The NPW Minister also administers existing interests affecting the vested lands (Schedule 7, cl 9(1)-(2)).
Director‑General, Department of Environment and Conservation (DEC): authorised to make adjustments to Schedule descriptions via notices on the NSW legislation website (s 10(3)). Those notices must carry the NPW Minister’s and other ministers’ approvals (s 10(4)), and must certify the adjustments do not materially reduce national park estate or State forest land (s 10(5)). The Director‑General may authorise use of relevant access roads to enable lawful activities on vested land (Schedule 7, cl 8(3)).
Minister administering the Forestry Act 1916: must concur for description adjustments under s 10(4)(b) and is consulted on access road orders under Schedule 7, cl 5(7) (concurrence requirement).
Minister administering the Roads Act 1993: must approve adjustment notices to the extent a notice applies to a classified road (s 10(4)(c)). The Act allows declarations about land ceasing to be part of a public road despite anything to the contrary in the Roads Act (s 10(9)).
Roads authorities: potentially affected where the Director‑General declares land is part of a public road or ceases to be part of a public road (s 10(9)).
Private parties and local interests
Freehold owners: expressly excluded from reservation by Schedule 7, cl 1(1)(a). Their interests remain intact.
Holders of continued perpetual, special or term leases (as defined in Schedule 1 to the Crown Land Management Act 2016) and parties with interests under incomplete purchases deriving from those leases: the Act preserves those leases and provides they are not discharged by s 8(1) (s 8(2)). The NPW Minister acquires administrative authority over such existing interests (Schedule 7, cl 9(1)-(2)). Clause 1 of Schedule 7 reiterates that continued leases are not reserved by the Act (Schedule 7, cl 1(1)(b)-(c)).
Private landholders abutting or within the transferred lands who rely on access roads: their access rights are preserved in practical effect because the access roads do not automatically become reserved, the NPW Minister must grant replacement rights of way by 1 July 2008 where a Forestry Act right of way existed immediately prior to 1 July 2007, and the Minister cannot close an access road that is the only practical means of access while the private landholding remains in private ownership (Schedule 7, cl 5(3)-(6), (10)).
Key duties and rights
Statutory duties
Director‑General’s notice power and certification duty. The Director‑General may adjust schedule descriptions by notice on the NSW legislation website (s 10(3)). Before publishing such a notice the Director‑General must obtain the approvals specified in s 10(4) (NPW Minister, Forestry Minister and, for classified roads, the Roads Minister), and must certify in the notice that the adjustments will not result in any significant reduction in the size or value of national park estate land or State forest land (s 10(4)-(5)). This is a pre‑condition to notice publication and therefore an administrative gatekeeper duty.
Ministerial approvals and concurrence. The NPW Minister, the Minister administering the Forestry Act 1916 and, in the case of classified roads, the Roads Minister must approve adjustments of descriptions of land (s 10(4)). The concurrence of the Forestry Act Minister is also required for the NPW Minister’s later order about access roads (Schedule 7, cl 5(7)).
Timing duties. The Act imposes hard or soft cut‑offs for administrative action: the Director‑General’s adjustment notices under s 10 must be made before 1 July 2008 except for adjustments related to Schedules 4 or 5 or to boundaries adjoining a public road, which may be made before 1 July 2012 (s 10(6)). The NPW Minister must grant rights of way over access roads to replace Forestry Act rights of way by 1 July 2008 (Schedule 7, cl 5(5)). The NPW Minister must, by 1 July 2012, publish one or more Gazette orders declaring which access roads are excluded from reservation (Schedule 7, cl 5(7)).
Grant and variation powers. The NPW Minister has an express power to grant rights of way (Schedule 7, cl 5(5)) and may revoke or vary those grants (Schedule 7, cl 5(6)). The Director‑General may authorise use of access roads to enable lawful activities on vested lands (Schedule 7, cl 8(3)).
Administration of existing interests. The NPW Minister assumes administration of matters relating to existing interests affecting lands vested under s 8 (Schedule 7, cl 9(1)). For that purpose the NPW Minister is given the powers of the Minister administering the Crown Land Management Act 2016 (Schedule 7, cl 9(2)).
Statutory rights
Rights of earlier leaseholders and purchasers. Continued perpetual, special or term leaseholders and parties with rights arising from incomplete purchases under the Crown Land Management Act 2016 retain their leases and associated rights (s 8(2); Schedule 7, cl 1(1)(b)-(c)). Section 7 of the Act converts certain State forest areas into flora reserves and Schedule 7, cl 4 applies specified NPW Act provisions to such Forestry Act leases that were current and in force immediately before 1 July 2007, ensuring continuity of protections that the NPW Act provides to licences or permits (Schedule 7, cl 4).
Penalties and enforcement
Direct penalties in this Act
The text of this Act as provided contains no specific offence provisions, monetary penalties, or enforcement sanctions expressed directly within its own operative sections. The Act is primarily a conveyancing and classification instrument, not a regulatory penal code.
Enforcement framework and where penalties sit
Enforcement and penalties, where relevant, are exercised under the statutory regimes that now govern the lands after transfer, principally the National Parks and Wildlife Act 1974 and, where some Forestry Act provisions are cross‑applied to preserved leases, those Acts. The Act expressly maps certain legal consequences to the NPW Act: Schedule 7, cl 3(1)-(3) takes lands reserved by this Act to have been so reserved by NPW Act notice, and Schedule 7, cl 3(4) excludes certain NPW Act procedural sections (s 35 and s 47D) from applying to reservations effected by this Act. Schedule 7, cl 4 applies sections 42(2) (including as applied by s 47K) and 55 of the NPW Act to leases under the Forestry Act that were current immediately before 1 July 2007 and which affect land reserved by this Act. Those NPW Act sections are the loci where prohibitions, licences, permit conditions and associated penalties would be found and enforced.
Where land is set apart as a flora reserve under the Forestry Act (Schedule 3; s 7), enforcement of Forestry Act prohibitions and offences continues to be relevant for activities that relate to that Flora Reserve category under the Forestry Act as it applied, although the Act notes that it has effect despite differing Forestry Act procedures (Schedule 7, cl 2).
Administrative enforcement powers
The NPW Minister and DEC exercise administrative powers created under the NPW Act (s 149 referred to in Schedule 7, cl 8), including powers to grant rights of way and authorise use of access roads to enable activities to continue (Schedule 7, cl 8(2)-(3); Schedule 7, cl 5(5)-(6)). Any enforcement or regulatory control over recreational or commercial activities on the newly reserved lands will be exercised under the NPW Act and associated regulations rather than under this Act.
Regulatory instruments
Section 13 provides the Governor with regulation‑making power to make regulations necessary or convenient to carry out or give effect to the Act, including savings or transitional provisions. Those regulations can contain retrospective operation to 1 January 2007 subject to safeguards (s 13(3)-(4)). Any penalty provisions the Government considers necessary to operationalise transitions in land management would typically be placed in regulations or relied upon in the NPW Act, not in this Act.
How it interacts with other laws
The Act is drafted to operate in close, and in some respects overriding, relation to a series of pre‑existing statutes. The main interactions are explicit in the Act.
Primary statutes referenced
National Parks and Wildlife Act 1974 (NPW Act): The Act reserves lands under the NPW Act (s 5, s 6) and treats those reservations as if effected by notice under Division 1 of Part 4 of the NPW Act (Schedule 7, cl 3(1)). It vests lands in the NPW Minister for the purposes of Part 11 of the NPW Act (s 8(1)) and refers to the NPW Minister’s powers under s 149 of the NPW Act for granting and dealing with rights of way and use of access roads (Schedule 7, cl 5(3)-(6); Schedule 7, cl 8(2)). The Act also makes certain NPW Act sections apply to Forestry Act leases (Schedule 7, cl 4).
Forestry Act 1916: The Act revokes State forest dedications and revokes Forestry Act notices (s 4(1)-(4)). It sets parts of State forests apart as flora reserves under the Forestry Act (s 7) and declares that lands set apart under this Act are taken, for Forestry Act purposes, to have been set aside by notice under s 25A of the Forestry Act (Schedule 7, cl 6). Schedule 7 cl 2 states this Act has effect despite the Forestry Act and its alternative procedures for revocation and setting apart.
Crown Land Management Act 2016: The Act’s definitions and preservation of lease interests refer to the Crown Land Management Act 2016. The Act preserves continued perpetual, special or term leases as defined in Schedule 1 to that Act (s 8(2); Schedule 7, cl 1). The NPW Minister is given the powers of the Minister administering the Crown Land Management Act 2016 for administration of existing interests (Schedule 7, cl 9(2)).
Roads Act 1993: The Act treats classified and public roads as relevant to boundary adjustments and vests land into roads authorities or divests such land despite anything to the contrary in the Roads Act (s 10(4)(c), s 10(9)). It requires the Roads Minister’s approval for adjustments that affect classified roads (s 10(4)(c)) and provides a mechanism to declare land part of or removed from a public road by Director‑General notice, operating despite the Roads Act (s 10(9)).
Aboriginal Land Rights Act 1983: Clause 11 of Schedule 7 excludes from reservation or vesting Crown land that is subject to an undetermined claim duly made under Division 2 of Part 2 of the Aboriginal Land Rights Act 1983 before 25 September 2006 (Schedule 7, cl 11).
Priority and override
Schedule 7, cl 2(1) states that the Act has effect despite the Forestry Act 1916 and, in particular, despite any different procedure under that Act for revocation of State forests, national forests, special management zones, flora reserves or timber reserves, and the setting apart of flora reserves. Similarly, Schedule 7, cl 2(2) states this Act has effect despite the NPW Act and, in particular, despite any different procedure for reserving or vesting land under that Act. Those clauses give this Act procedural primacy for the lands specified in its schedules.
Amendment history
The source text records a number of formal amendments and repeals. The Act has been amended and certain schedules repealed as recorded in the marginal amendment notes embedded in the text provided. The amendments and repeals shown in the source are:
s 3: amended by 2017 No 17, Sch 4.59 [1]. The marginal note indicates s 3 was amended in 2017 (s 3: Am 2017 No 17, Sch 4.59 [1]).
s 8: amended by 2017 No 17, Sch 4.59 [2] (s 8: Am 2017 No 17, Sch 4.59 [2]).
s 10: amended by 2009 No 56, Sch 4.40 (s 10: Am 2009 No 56, Sch 4.40). That amendment is recorded in the text.
Schedule 1 and Schedule 2 entries: amended by 2008 (268), Sch 1. Schedule 1 shows the marginal note "sch 1: Am 2008 (268), Sch 1 [1]-[4]." and Schedule 2 shows "sch 2: Am 2008 (268), Sch 1 [5]." Several schedule entries for Schedules 4 and 6 also display similar marginal amendment notes indicating 2008 amendments (e.g. Sch 4: Am 2008 (268), Sch 1 [6]; Sch 6: Am 2008 (268), Sch 1 [7] [8]).
Schedule 7 is recorded as amended by 2017 No 17, Sch 4.59 [3]-[7] (Schedule 7 marginal note: sch 7: Am 2017 No 17, Sch 4.59 [3]-[7]).
Sections 14-16: repealed by 2011 No 62, Sch 5 (the marginal note records "ss 14-16: Rep 2011 No 62, Sch 5.").
Schedules 8 and 9: repealed by 2011 No 62, Sch 5 (marginal notes state "sch 8: Rep 2011 No 62, Sch 5." and "sch 9: Rep 2011 No 62, Sch 5.").
What these amendment notes imply in practice
The 2008 amendments updated schedule entries and added or altered elements in Schedules 1, 2, 4 and 6. Practitioners reviewing historic title changes must therefore consult the consolidated Act or the schedule versions as amended to identify the correct diagram references and parcel descriptions.
The 2009 amendment to s 10 indicates adjustments to the administrative boundary‑adjustment regime; practitioners should consult the 2009 consolidated text for the current parameters of the Director‑General’s adjustment power and approval and certification requirements.
The 2011 repeals of ss 14-16 and Schedules 8 and 9 removed provisions that were previously in the Act; the marginal notes show those parts no longer operate. The repeals do not alter the schedules that remain active in the text provided.
The 2017 amendments updated definitional and Schedule 7 provisions. In particular, s 3 and s 8 were amended and Schedule 7 was changed in parts. Because the Act cross‑references the Crown Land Management Act 2016 (a later Act), the 2017 amendments likely reflect harmonisation with the later Crown Land framework; the marginal notes show that the text you have incorporates those amendments.
Litigation history
The source text supplied contains no case citations, judicial decisions or references to litigation. There are no named cases in the Act itself and no marginal notes indicating judicial challenge or declaratory proceedings.
Implications of the absence of litigation history in the source
Because the Act is an enabling and conveyancing instrument that reclassifies and vests specific parcels, many practical disputes that might lead to litigation would be factual and administrative (for example, the precise boundaries on departmental diagrams, the scope of preserved lease rights, replacement rights of way, or whether a Director‑General’s adjustment reduces the “size or value” of national park estate land). None of those disputes are reflected in the Act text as reported here.
Any litigation that does exist will be found in external case law databases, administrative review records or tribunal decisions rather than in the statute. The Act’s amendments and the cross‑application of NPW Act and Crown Land Management Act powers mean that common litigation touchpoints would likely involve judicial review of administrative acts (eg, decisions by the Director‑General or NPW Minister under s 10 and Schedule 7 cl 5), land title disputes, or interpretation of preserved lease rights. The source text contains no judicial pronouncements on those issues.
What to check for practitioners
If litigation risk is relevant to a matter, check administrative decisions published by DEC or by the NPW Minister, Registrar of Titles records, and the NSW or federal court databases for any cases that reference this Act or its schedules. Also check tribunal or Land and Environment Court records where disputes about boundary adjustments, rights of way, or vesting administration could have been litigated.
Given the Act treats reservations as if effected under the NPW Act (Schedule 7, cl 3), disputes concerning enforcement, permissible activities or permit/licence conditions after transfer would normally be litigated under the enforcement provisions of the NPW Act and relevant regulations; practitioners should therefore search for NPW Act litigation involving the land parcels or the NPW Minister’s exercise of Part 11 powers.
In sum, no litigation history is recorded in the Act text supplied. Practitioners must search external legal and administrative records to find any judicial decisions bearing on the operation or interpretation of this Act.
Gotchas
Practical pitfalls, timing traps and statutory subtleties to watch when advising clients or managing transactions under this Act are concentrated around the schedules, the adjustment mechanism, rights of way and preserved leases.
Descriptions can be adjusted after commencement and the adjusted description has retrospective legal effect for the purposes of this Act (s 10)
A Director‑General notice adjusting a relevant Schedule alters the legal status of land as if it had been included in that Schedule from the commencement of the Schedule where the notice adds land (s 10(8)). Conversely, if land originally described in a Schedule is omitted in the adjusted description, the omitted land is taken never to have been subject to the Act’s provisions (s 10(7)). Practitioners must therefore track any notices on the NSW legislation website that amend the Schedules, because the legal history can be rewritten for those parcels by administrative notice.
Strict time windows for adjustment and for ministerial action (s 10(6); Schedule 7 cl 5)
Section 10 limits when adjustments may be made: generally before 1 July 2008, but with an extension to 1 July 2012 for adjustments of Schedule 4 or 5 land or for boundaries adjoining a public road (s 10(6)). Those dates are firm; missed deadlines may make later technical corrections unavailable under this mechanism. The NPW Minister had a statutory duty to grant replacement rights of way by 1 July 2008 for existing Forestry Act rights of way (Schedule 7, cl 5(5)) and to declare excluded access roads by 1 July 2012 (Schedule 7, cl 5(7)). If these administrative actions were not completed within the statutory windows, affected parties could face practical uncertainty and will need to check what steps were taken to comply with the Act within those time limits.
Access roads vesting but not reserved,practical access complexity (Schedule 7 cl 5(3), (5)-(8))
Access roads within the lands described in Schedules 1 and 2 vest in the NPW Minister as fee simple but are not reserved as part of the national park/nature reserve/state conservation area on commencement (Schedule 7, cl 5(3)). The NPW Minister must grant replacement rights of way and later declare which roads are excluded from reservation (Schedule 7, cl 5(5), (7)). This creates an interim legal arrangement where access is vested in the NPW Minister but the physical status of the roads and the rights that apply can change by ministerial order. Practitioners must check Gazette orders and NPW Minister directions for the current legal status of any access road. The Minister may revoke or vary rights of way (Schedule 7, cl 5(6)), so rights replaceable by grant are not invulnerable.
How to comply
For advice and operational steps by stakeholder group. This is a practical checklist tied to the Act’s provisions and schedules.
If you are the Director‑General, Department of Environment and Conservation
Use the statutory notice route under s 10 to make any permitted adjustments to Schedule descriptions before the statutory cut‑off dates (s 10(3), (6)). Record the factual basis for any adjustment, including maps, surveys and environmental or land‑management reasons (s 10(2)(a)-(d)).
Obtain required approvals before publishing the notice: NPW Minister, Minister administering the Forestry Act 1916. For adjustments affecting classified roads, secure the Roads Minister’s approval (s 10(4)). Keep approvals on file for administrative review.
Include the required certification in the notice that the adjustments will not result in any significant reduction in the size or value of national park estate or State forest land (s 10(5)). Prepare an evidence base (surveys, valuations, ecological assessments) to support that certification.
If you are the NPW Minister or your office
For lands vested in the NPW Minister, note that vestings are in fee simple for Part 11 purposes and are freed and discharged from most encumbrances (s 8(1)). Ensure the NPW portfolio records are updated and land administration records transferred accordingly.
Honour the replacement rights of way duty: ensure that by the statutory deadline (1 July 2008) you have granted rights of way over access roads where a Forestry Act right of way was in force immediately before 1 July 2007 (Schedule 7, cl 5(5)). Publish grants and keep records; if you vary or revoke grants later, record reasons and processes (Schedule 7, cl 5(6)).
Before 1 July 2012, publish one or more Gazette orders identifying which access roads are excluded from reservation and which are not (Schedule 7, cl 5(7)). Coordinate with the Minister administering the Forestry Act for concurrence.
If you are a holder of a continued perpetual, special or term lease or a party with an incomplete purchase under such a lease
Identify whether your lease is one of the preserved categories (s 8(2); Schedule 7, cl 1). If it is, your lease remains preserved and is to be administered by the NPW Minister (Schedule 7, cl 9(1)-(2)). Confirm the NPW Minister’s administrative arrangements for rent, renewal and other management obligations.
Keep documentation proving continuous operation of the lease and any entitlements under incomplete purchase arrangements; those documents will be relevant if administrative or title questions arise post‑vesting.
Current sections
Direct links to the current provisions in National Park Estate (Lower Hunter Region Reservations) Act 2006.
State forest means land dedicated under the Forestry Act 1916 (or under the former Forestry Act 1909) as a State forest, being a dedication that is in force.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2017 No 17, Sch 4.59 [1].
Part 2
Land transfers
Part 2 Land transfers
Part 2 Land transfers
4
Revocation of State forests
4 Revocation of State forests
4 Revocation of State forests
(1) The dedication as State forest of the lands described in Schedule 1 or 4 is revoked.
(2) Any notifications under section 19A of the Forestry Act 1916 that declare, as national forests, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to national forests or parts of national forests situated within the lands referred to in that subsection.
(3) Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to special management zones situated (or partly situated) within the lands referred to in that subsection.
(4) Any notices under section 25A of the Forestry Act 1916 that set apart, as flora reserves, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to flora reserves situated (or partly situated) within the lands referred to in that subsection.
5
Reservation of former State forests as national park or state conservation area
5 Reservation of former State forests as national park or state conservation area
5 Reservation of former State forests as national park or state conservation area
(1) The lands described in Schedule 1 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks or state conservation areas (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that is also described in Schedule 4.
6
Reservation of Crown lands as national park, nature reserve or state conservation area
6 Reservation of Crown lands as national park, nature reserve or state conservation area
6 Reservation of Crown lands as national park, nature reserve or state conservation area
(1) The lands described in Schedule 2 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks, nature reserves or state conservation areas (as indicated in that Schedule).
(2) Any timber reserves (within the meaning of the Forestry Act 1916) with respect to any land referred to in subsection (1) are revoked by this Act, but only to the extent to which they relate to timber reserves or parts of timber reserves situated within that land.
(3) Subsection (1) does not apply to any land described in Schedule 2 that is also described in Schedule 5.
7
Setting apart of areas in State forests as flora reserves
7 Setting apart of areas in State forests as flora reserves
7 Setting apart of areas in State forests as flora reserves
(1) The lands described in Schedule 3 that are within State forests are set apart as, or as part of, flora reserves under the Forestry Act 1916 (as indicated in that Schedule).
(2) Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests that are set apart as, or as part of, flora reserves by subsection (1) are revoked by this Act, but only to the extent to which they relate to special management zones or parts of special management zones situated within the lands referred to in that subsection.
8
Vesting in NPW Minister of certain Crown land or former State forests
8 Vesting in NPW Minister of certain Crown land or former State forests
8 Vesting in NPW Minister of certain Crown land or former State forests
(1) The lands described in Schedule 4 or 5 vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:
(a) all trusts, obligations, estates, interests, rights of way or other easements, and
(b) any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.
(2) Despite subsection (1), the lands described in Schedule 4 or 5 are not freed and discharged from any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind) to which the lands were subject immediately before their vesting under this section.
s 8: Am 2017 No 17, Sch 4.59 [2].
9
Changes within national park estate
9 Changes within national park estate
9 Changes within national park estate
(1) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Myall Lakes National Park or Worimi Nature Reserve of the lands described in clause 1 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Gir-um-bit National Park.
(2) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Hexham Swamp Nature Reserve or Kooragang Nature Reserve of the lands described in clause 2 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Hunter Estuary National Park.
(3) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah Nature Reserve of the land described in clause 3 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Karuah National Park.
(4) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah Nature Reserve or Worimi Nature Reserve of the lands described in clause 4 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Medowie Nature Reserve.
(5) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah State Conservation Area of the land described in clause 5 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Medowie State Conservation Area.
(6) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Wallaroo Nature Reserve of the land described in clause 6 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Wallaroo National Park.
10
Adjustment of description of land transferred to national park estate
10 Adjustment of description of land transferred to national park estate
10 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedule 1, 2, 3, 4, 5 or 6 (a relevant Schedule) may be adjusted in accordance with this section.
(2) A description of land may be adjusted from time to time:
(a) to alter the boundaries of the land for the purposes of the effective management of national park estate land and State forest land, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or
(b) to adjust the boundary of any land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the road, or
(c) to include, remove or change a description of any easement or restriction to which the land is subject, or
(d) to provide a more detailed description of the boundaries of the land.
(3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment and Conservation by a notice published on the NSW legislation website that amends a relevant Schedule.
(4) A notice under this section may only be published with the approval of:
(c) to the extent that the notice applies to a classified road—the Minister administering the provisions of the Roads Act 1993 relating to classified roads.
(5) The Director-General of the Department of Environment and Conservation is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.
(6) An adjustment of the description of land may only be made before:
(a) 1 July 2008, except as provided by paragraph (b), or
(b) 1 July 2012, in the case of an adjustment of the description of land in Schedule 4 or 5, or of the boundary of land adjoining a public road.
(7) If any of the land described in a relevant Schedule on the commencement of the Schedule is not included in the adjusted description of the land, the land that is not so included is taken never to have been subject to or affected by the provisions of this Act applying to land described in the relevant Schedule.
(8) If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of the Schedule, the land concerned is taken to have been subject, on and from the commencement of the Schedule, to the provisions of this Act applying to land described in the relevant Schedule.
(9) The Director-General of the Department of Environment and Conservation may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:
(a) any such land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993 or is Crown land, or
(b) any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applying to land described in the relevant Schedule in which the land is included.
A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993.
(10) In this section:
classified road and public road have the same meanings as in the Roads Act 1993.
land adjoining a public road includes land in the vicinity of a public road.
11 Land transfers—ancillary and special provisions
11 Land transfers—ancillary and special provisions
Schedule 7 has effect.
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
12
Act to bind Crown
12 Act to bind Crown
12 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
13
Regulations
13 Regulations
13 Regulations
(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.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from 1 January 2007 or a later date.
(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
14
14
14–16 (Repealed)
Schedule 1
State forests reserved as national park or state conservation area
Schedule 1 State forests reserved as national park or state conservation area
Schedule 1 State forests reserved as national park or state conservation area
(Sections 4 and 5)
sch 1: Am 2008 (268), Sch 1 [1]–[4].
Schedule 2
Crown lands reserved as national park, nature reserve or state conservation area
Schedule 2 Crown lands reserved as national park, nature reserve or state conservation area
Schedule 2 Crown lands reserved as national park, nature reserve or state conservation area
(Section 6)
sch 2: Am 2008 (268), Sch 1 [5].
Schedule 3
Parts of State forests set apart as flora reserves under Forestry Act 1916
Schedule 3 Parts of State forests set apart as flora reserves under Forestry Act 1916
Schedule 3 Parts of State forests set apart as flora reserves under Forestry Act 1916
(Section 7)
Schedule 4
State forests vested in NPW Minister
Schedule 4 State forests vested in NPW Minister
Schedule 4 State forests vested in NPW Minister
(Sections 4 and 8)
An area of about 2 hectares, being so much of Awaba State Forest No 982 as comprises the land designated as V-01 on the diagram catalogued Misc R 00322 (Edition 1) in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.
An area of about 7 hectares, being so much of Awaba State Forest No 982 as comprises the land designated as V-02 on the diagram catalogued Misc R 00322 (Edition 1) in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.
An area of about 18 hectares, being so much of Abedare State Forest No 981 as comprises the land designated as V-04 on the diagram catalogued Misc R 00323 (Edition 2) in the Department of Environment and Climate Change, subject to any variations or exceptions noted on that diagram.
sch 4: Am 2008 (268), Sch 1 [6].
Schedule 5
Crown lands vested in NPW Minister
Schedule 5 Crown lands vested in NPW Minister
Schedule 5 Crown lands vested in NPW Minister
(Section 8)
An area of about 80 hectares, being the land designated as V-03 on the diagram catalogued Misc R 00319 (Edition 1) in the Department of Environment and Conservation, subject to any variations or exceptions noted on that diagram.
Schedule 6
Changes within national park estate
Schedule 6 Changes within national park estate
Schedule 6 Changes within national park estate
(Section 9)
sch 6: Am 2008 (268), Sch 1 [7] [8].
Schedule 7
Land transfers—ancillary and special provisions
Schedule 7 Land transfers—ancillary and special provisions
Schedule 7 Land transfers—ancillary and special provisions
(Section 11)
sch 7: Am 2017 No 17, Sch 4.59 [3]–[7].
Schedule 8
Schedule 8
Schedules 8, 9 (Repealed)
sch 8: Rep 2011 No 62, Sch 5.
sch 9: Rep 2011 No 62, Sch 5.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the National Park Estate (Lower Hunter Region Reservations) Act 2006.
2 Commencement
2 Commencement
2 Commencement
(1) This Act commences on 1 July 2007, except as otherwise provided by this section.
(2) Part 1, sections 12, 13, 15 and 16 and Schedules 8 and 9 commence on 1 January 2007.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act:
Crown land has the same meaning as in the Crown Land Management Act 2016.
NPW Minister means the Minister administering Divisions 1 and 2 of Part 4 of the National Parks and Wildlife Act 1974.
State forest means land dedicated under the Forestry Act 1916 (or under the former Forestry Act 1909) as a State forest, being a dedication that is in force.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2017 No 17, Sch 4.59 [1].
Part 2 Land transfers
Part 2 Land transfers
Part 2 Land transfers
4 Revocation of State forests
4 Revocation of State forests
4 Revocation of State forests
(1) The dedication as State forest of the lands described in Schedule 1 or 4 is revoked.
(2) Any notifications under section 19A of the Forestry Act 1916 that declare, as national forests, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to national forests or parts of national forests situated within the lands referred to in that subsection.
(3) Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to special management zones situated (or partly situated) within the lands referred to in that subsection.
(4) Any notices under section 25A of the Forestry Act 1916 that set apart, as flora reserves, areas of State forests whose dedication is revoked by subsection (1) are also revoked by this Act, but only to the extent to which they relate to flora reserves situated (or partly situated) within the lands referred to in that subsection.
5 Reservation of former State forests as national park or state conservation area
5 Reservation of former State forests as national park or state conservation area
5 Reservation of former State forests as national park or state conservation area
(1) The lands described in Schedule 1 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks or state conservation areas (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that is also described in Schedule 4.
6 Reservation of Crown lands as national park, nature reserve or state conservation area
6 Reservation of Crown lands as national park, nature reserve or state conservation area
6 Reservation of Crown lands as national park, nature reserve or state conservation area
(1) The lands described in Schedule 2 are reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks, nature reserves or state conservation areas (as indicated in that Schedule).
(2) Any timber reserves (within the meaning of the Forestry Act 1916) with respect to any land referred to in subsection (1) are revoked by this Act, but only to the extent to which they relate to timber reserves or parts of timber reserves situated within that land.
(3) Subsection (1) does not apply to any land described in Schedule 2 that is also described in Schedule 5.
7 Setting apart of areas in State forests as flora reserves
7 Setting apart of areas in State forests as flora reserves
7 Setting apart of areas in State forests as flora reserves
(1) The lands described in Schedule 3 that are within State forests are set apart as, or as part of, flora reserves under the Forestry Act 1916 (as indicated in that Schedule).
(2) Any notices under section 21A of the Forestry Act 1916 that declare, as special management zones, areas of State forests that are set apart as, or as part of, flora reserves by subsection (1) are revoked by this Act, but only to the extent to which they relate to special management zones or parts of special management zones situated within the lands referred to in that subsection.
8 Vesting in NPW Minister of certain Crown land or former State forests
8 Vesting in NPW Minister of certain Crown land or former State forests
8 Vesting in NPW Minister of certain Crown land or former State forests
(1) The lands described in Schedule 4 or 5 vest in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the National Parks and Wildlife Act 1974 for an estate in fee simple, freed and discharged from:
(a) all trusts, obligations, estates, interests, rights of way or other easements, and
(b) any dedication, reservation, Crown grant or vesting to which the lands were subject, and any such dedication, reservation, grant or vesting is revoked.
(2) Despite subsection (1), the lands described in Schedule 4 or 5 are not freed and discharged from any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind) to which the lands were subject immediately before their vesting under this section.
s 8: Am 2017 No 17, Sch 4.59 [2].
9 Changes within national park estate
9 Changes within national park estate
9 Changes within national park estate
(1) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Myall Lakes National Park or Worimi Nature Reserve of the lands described in clause 1 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Gir-um-bit National Park.
(2) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Hexham Swamp Nature Reserve or Kooragang Nature Reserve of the lands described in clause 2 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Hunter Estuary National Park.
(3) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah Nature Reserve of the land described in clause 3 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Karuah National Park.
(4) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah Nature Reserve or Worimi Nature Reserve of the lands described in clause 4 of Schedule 6 is revoked and the lands are reserved under that Act as, or as part of, Medowie Nature Reserve.
(5) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Karuah State Conservation Area of the land described in clause 5 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Medowie State Conservation Area.
(6) The reservation under the National Parks and Wildlife Act 1974 as, or as part of, Wallaroo Nature Reserve of the land described in clause 6 of Schedule 6 is revoked and the land is reserved under that Act as, or as part of, Wallaroo National Park.
10 Adjustment of description of land transferred to national park estate
10 Adjustment of description of land transferred to national park estate
10 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedule 1, 2, 3, 4, 5 or 6 (a relevant Schedule) may be adjusted in accordance with this section.
(2) A description of land may be adjusted from time to time:
(a) to alter the boundaries of the land for the purposes of the effective management of national park estate land and State forest land, including adjustments to enable boundaries to follow distinctive land features, to provide access to land or to rationalise the boundaries of similar areas of land, or
(b) to adjust the boundary of any land adjoining a public road, including adjustments to enable the boundary to follow the formed path of the road or to provide an appropriate set back from the carriageway of the road, or
(c) to include, remove or change a description of any easement or restriction to which the land is subject, or
(d) to provide a more detailed description of the boundaries of the land.
(3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment and Conservation by a notice published on the NSW legislation website that amends a relevant Schedule.
(4) A notice under this section may only be published with the approval of:
(a) the NPW Minister, and
(b) the Minister administering the Forestry Act 1916, and
(c) to the extent that the notice applies to a classified road—the Minister administering the provisions of the Roads Act 1993 relating to classified roads.
(5) The Director-General of the Department of Environment and Conservation is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.
(6) An adjustment of the description of land may only be made before:
(a) 1 July 2008, except as provided by paragraph (b), or
(b) 1 July 2012, in the case of an adjustment of the description of land in Schedule 4 or 5, or of the boundary of land adjoining a public road.
(7) If any of the land described in a relevant Schedule on the commencement of the Schedule is not included in the adjusted description of the land, the land that is not so included is taken never to have been subject to or affected by the provisions of this Act applying to land described in the relevant Schedule.
11 Land transfers—ancillary and special provisions
11 Land transfers—ancillary and special provisions
11 Land transfers—ancillary and special provisions
Schedule 7 has effect.
Part 3 Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
12 Act to bind Crown
12 Act to bind Crown
12 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
13 Regulations
13 Regulations
13 Regulations
(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.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) Any such provision may, if the regulations so provide, take effect from 1 January 2007 or a later date.
(4) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
14
14–16 (Repealed)
14
ss 14–16: Rep 2011 No 62, Sch 5.
Schedule 1 State forests reserved as national park or state conservation area
Schedule 1 State forests reserved as national park or state conservation area
Schedule 1 State forests reserved as national park or state conservation area
(Sections 4 and 5)
sch 1: Am 2008 (268), Sch 1 [1]–[4].
1 Columbey National Park
1 Columbey National Park
1 Columbey National Park
An area of about 868 hectares, being so much of Uffington State Forest No 178 as comprises the land designated as 1100-01 on the diagram catalogued Misc R 00316 (Edition 2) in the Department of Environment and Climate Change, subject to any variations or exceptions noted on that diagram.
2 Karuah National Park
2 Karuah National Park
2 Karuah National Park
(1) An area of about 414 hectares, being s
This is an opening excerpt, not the complete document.
Adjustment mechanism
Section 10 creates an administrative mechanism to adjust Schedule descriptions to rationalise boundaries, follow land features or roads, include or change easements or add detail. Adjustments are effected by notice of the Director‑General of the Department of Environment and Conservation published on the NSW legislation website (s 10(3)). Adjustments require the approval of the NPW Minister, the Minister administering the Forestry Act 1916 and,where the notice affects a classified road,the Roads Minister (s 10(4)). The Director‑General must certify that adjustments will not result in any significant reduction in the size or value of national park estate land or State forest land (s 10(5)). Adjustments are time‑limited: ordinarily before 1 July 2008, with exceptions to 1 July 2012 for Schedule 4 or 5 items or boundaries adjoining a public road (s 10(6)).
Legal effects and cross‑application
Schedule 7, cl 3 treats the Act’s reservations as if they had been made by notice under Division 1 of Part 4 of the NPW Act, and takes the commencement of Part 2 of this Act to be the publication reference in the NPW Act context (Schedule 7, cl 3(1)-(3)). The Act also excludes the application of certain NPW Act procedural provisions (s 35 including as applied by s 58, and s 47D) to reservations effected by this Act (Schedule 7, cl 3(4)).
Schedule 7, cl 2 expressly states that this Act has effect despite differing procedures in the Forestry Act 1916 and the NPW Act in respect of revocations, setting aside of flora reserves, and reservations or vestings (Schedule 7, cl 2(1)-(2)).
Exclusions and savings
Freehold and certain leasehold interests are excluded from reservation (Schedule 7, cl 1). A revocation under this Act does not affect actions done before the revocation (Schedule 7, cl 10). Crown land subject to pending Aboriginal land rights claims made under Division 2 of Part 2 of the Aboriginal Land Rights Act 1983 before 25 September 2006 and not determined before commencement of Part 2 is not reserved or vested by the Act (Schedule 7, cl 11).
Regulation‑making power and Crown binding
The Governor may make regulations necessary to carry out the Act (s 13). The Act binds the Crown in right of New South Wales and so far as the legislature permits, the Crown in other capacities (s 12).
In short, the main concepts are statutory revocation of State forest status, statutory reservation under the NPW Act, targeted vesting in the NPW Minister with title cleansing (subject to preserved leases), special treatment of access roads and rights of way, an administrative boundary adjustment mechanism with ministerial approvals and certification, and express primacy over alternative procedures in the Forestry Act and NPW Act for the lands affected.
Aboriginal claimants under the Aboriginal Land Rights Act 1983: Crown land that was subject to a duly made claim under Division 2 of Part 2 of the Aboriginal Land Rights Act 1983 before 25 September 2006 and not determined before commencement of Part 2 of this Act is excluded from reservation or vesting by this Act (Schedule 7, cl 11). Those claimants are therefore not immediately affected by the Act’s transfers for claimed land.
Users of State forests (timber licence holders, permit holders, and recreational users): the Act alters the statutory status of many areas formerly subject to the Forestry Act 1916 and will change which statutory regime applies going forward. The Act expressly disapplies certain Forestry Act procedures for affected lands (Schedule 7, cl 2) and cross‑applies specific NPW Act provisions in relation to leases (Schedule 7, cl 4), so operators relying on Forestry Act licences should check whether their interests are preserved (s 8(2); Schedule 7, cl 4).
Other consequences
Local councils and private developers: boundary adjustments that affect land adjoining public roads may be declared to become part of the road or to cease to be part of the road (s 10(9)), potentially triggering administrative responsibilities for roads authorities and councils.
Future purchasers and title searchers: title and reservation history for parcels is altered by the Act; Schedule 7 cl 3 treats the reservations as having been effected by notice under the NPW Act at the commencement of Part 2 of this Act, so searches must reflect those statutory changes even where no NPW Act notice was separately published.
Who does not become affected
The Act expressly does not reserve land that is freehold or held under certain continuing leases (Schedule 7, cl 1). Crown land that is the subject of certain pending Aboriginal Land Rights Act claims is likewise excluded from reservation (Schedule 7, cl 11). This creates a carve‑out group of owners and claimants whose legal position is preserved rather than overridden.
In short, the Act centrally affects State forest stakeholders, NPW administration, roads authorities and nearby private landholders who rely on access roads; it also imposes new administrative duties on the DEC Director‑General and the NPW Minister and explicitly preserves certain private and leasehold interests.
Continued use rights for lawful activities. The Act expressly allows the continuance of activities carried out on land vested in the NPW Minister; s 8(2) and Schedule 7, cl 8(2)-(3) qualify that the NPW Minister’s powers under s 149 of the NPW Act may be exercised to enable continuation of pre‑vesting activities and the Director‑General may authorise use of relevant access roads to enable lawful activities to continue.
Access protection. Private landholders whose only practical access is via an access road are protected from closure while they remain in private ownership (Schedule 7, cl 5(10)). Additionally, where a Forestry Act right of way existed immediately before 1 July 2007, the NPW Minister must grant a right of way to replace it by 1 July 2008 (Schedule 7, cl 5(5)). Those grants may be revoked or varied but the timing and formal grant requirement establish a statutory right‑replacement duty.
Reservation deemed to have been effected under NPW Act. The Act treats the reservations effected by this Act as if they had been made by notice under Division 1 of Part 4 of the NPW Act, and treats the commencement of Part 2 of this Act as the publication reference in NPW Act terms (Schedule 7, cl 3(1)-(3)). This creates an entitlement right in the sense that, for NPW Act purposes, the lands are treated as having the same legal status as if the NPW Act process had been followed.
Constraints and exclusions on rights
Title cleansing with carve‑outs. Lands vested in the NPW Minister under s 8(1) are taken in fee simple freed and discharged from trusts, estates, rights of way and easements (s 8(1)(a)-(b)). However s 8(2) preserves continued perpetual, special and term leases. Therefore the Act removes a range of prior encumbrances subject to the explicit protection for certain lease interests.
Exclusion of freehold and certain leasehold interests. Freehold owners and holders of the specified continuing leases are explicitly not reserved under the Act (Schedule 7, cl 1). This is an express limitation on the Act’s interference with private title.
Exclusion for Aboriginal land claims. Crown land subject to certain pending Aboriginal land rights claims is not reserved or vested by operation of the Act (Schedule 7, cl 11). This constrains the Act’s operation in land claim contexts.
Regulatory powers and retrospective provisions
Regulations under s 13 may contain savings or transitional provisions and, subject to protections, may take effect from 1 January 2007 or later (s 13(3)). Retrospective provisions are constrained so as not to affect existing rights prejudicially (s 13(4)(a)-(b)). This creates a limited executive regulatory competence to smooth transitions but with protective constraints for third parties.
In summary, the Act creates administrative duties for the DEC Director‑General and various Ministers, statutory rights for certain existing leaseholders and private landholders reliant on access roads, and power to cleanse title for vested parcels while preserving specified leases. The Act layers these rights and duties on top of the National Parks and Wildlife Act and the Forestry Act through express cross‑references and carve‑outs.
Practical enforcement implications
For persons who wish to ascertain applicable offences and penalties for conduct on particular parcels, they must consult the National Parks and Wildlife Act 1974 and the Forestry Act 1916 as applied, because this Act delegates enforcement to those regimes by treating its reservations as NPW Act reservations (Schedule 7, cl 3(1)). For leases preserved by s 8(2), the protective cross‑application in Schedule 7, cl 4 ensures selected provisions of the NPW Act apply to those leases in the way the NPW Act would apply to licences or permits.
Absence of new criminal sanctions
Since the Act contains no express new offence provisions, no new criminal or civil penalty regime is created by it alone. The practical effect is that conduct on the affected lands is policed and penalised under the underlying conservation and forestry legislation once the transfers operate.
In summary, this Act itself does not establish new penalties; it changes which statutory regime (principally the NPW Act) applies to the subject lands and therefore redirects enforcement and penalty application to the NPW Act and to any relevant regulations or Forestry Act provisions that continue to apply to preserved leases.
Deemed notices and administrative equivalence
By treating the reservations effected by this Act as if made by Division 1 Part 4 NPW Act notices, Schedule 7 cl 3 creates an equivalence: NPW Act legal consequences and processes attach to the lands as if the NPW Act route had been followed (Schedule 7, cl 3(1)-(3)). The Act however excludes some procedural NPW Act sections from application to these reservations (Schedule 7, cl 3(4)), meaning certain NPW Act procedures (for example, s 35 and s 47D) do not apply to reservations implemented by this Act.
Title cleansing versus preserved leases
Section 8(1) vests certain parcels in the NPW Minister free of trusts and easements but s 8(2) expressly preserves continued perpetual, special and term leases and related incomplete purchase rights under the Crown Land Management Act 2016. Schedule 7 cl 9 then vests administration of those preserved interests in the NPW Minister and gives that Minister the powers of the Minister under the Crown Land Management Act 2016 (Schedule 7, cl 9(2)). This combination means the Act both cleans title for many encumbrances and reassigns administrative responsibility for certain preserved interests.
Access and Roads Act interaction
Section 10 allows the Director‑General to declare land to be part of a public road or to cease being part of a public road and to vest or divest it accordingly, and declares that such a declaration has effect despite anything to the contrary in the Roads Act (s 10(9)). At the same time s 10(4)(c) requires the Roads Minister’s approval where the adjustment applies to a classified road. This creates a tension managed by the Act: parliamentary delegation to the Director‑General to make road reclassifications, but only with ministerial concurrence for classified roads, and with explicit override of Roads Act impediments.
Regulatory interplay and retroactivity
Section 13 permits regulations that are savings or transitional in nature, and those regulations may take effect from 1 January 2007 or a later date (s 13(3)), subject to safeguards preventing prejudicial retrospective effects on third parties (s 13(4)). This gives the executive limited power to manage interactions smoothly across the statutory regimes for the transition dates specified.
In short, the Act is designed to displace or supplant certain procedural requirements in the Forestry Act and NPW Act for the specific parcels listed and to ensure that those parcels are treated under the NPW Act framework. It also preserves and reassigns certain lease administration functions under the Crown Land Management Act framework and provides mechanisms to resolve road and access interactions with the Roads Act. Practitioners should therefore read this Act alongside the NPW Act, the Crown Land Management Act and the Roads Act to determine which statutory sanctions, obligations and administrative processes actually apply to any particular parcel.
Sources in the Act
The amendment notes are embedded in the provided source text at the relevant sections and schedules (see s 3 amendment note; s 8 amendment note; s 10 amendment note; Schedule 1, 2 and 4 amendment notes; the repeals in 2011 No 62 Sch 5; Schedule 7 amendment note). The Act therefore contains its own amendment history annotations in marginal notes. Practitioners should consult the consolidated version on the NSW legislation website for the operative consolidated text and exact amendment wording.
What is not in the source
The source text does not provide details of the content of each amending instrument beyond the marginal citations. It does not supply parliamentary debates, explanatory memoranda, or non‑statutory administrative instruments referenced by the amendments. To understand the exact legal effect of an amendment, the amending Act and its explanatory material should be read.
Practical note
For title, planning and land management matters, always confirm you are using the consolidated version of the Act (which incorporates the 2008, 2009 and 2017 amendments and the 2011 repeals). The schedule diagram references in the Department’s records (the diagrams catalogued Misc R numbers) are the technical sources for parcel boundaries.
Title cleansing is wide but preserves certain leases (s 8(1)-(2))
Section 8(1) vests land freed and discharged from trusts, obligations, estates, interests, rights of way and other easements. That is a powerful statutory title cleansing. However s 8(2) preserves continued perpetual, special or term leases (and rights arising under incomplete purchases). Advisers must identify whether a client’s interest is one of the preserved lease categories; if it is, the cleansing does not remove it. Schedule 7, cl 1 further clarifies that freehold and certain leasehold interests are not reserved by the Act.
Director‑General must certify “no significant reduction in size or value” (s 10(5))
Any adjustment notice requires the Director‑General to certify that the adjustments will not result in any significant reduction in the size or value of national park estate land or State forest land. That is a factual and potentially litigable certification: if stakeholders assert otherwise, there is an administrative law pathway to challenge the adequacy of the certificate or the decision to publish the notice. Practitioners handling boundary adjustments should ensure the decision record supports the certification.
Compass points for administrative primacy: Act displaces other procedures (Schedule 7 cl 2)
The Act takes precedence over divergent Forestry Act and NPW Act procedures for the specific lands. This affects standard expectations about consultation or procedural steps ordinarily required under those Acts. Advisers should verify which procedural safeguards were followed and whether the Act’s displacement of those procedures has legal or practical consequences for affected clients.
Exclusion of Crown land under Aboriginal claims (Schedule 7 cl 11)
Crown land subject to an eligible Aboriginal land rights claim made before 25 September 2006 and undetermined before the commencement of Part 2 is not reserved or vested by this Act. Land that appears to be transferred in Schedule 1 or 2 may in fact lie outside the transfer if it is subject to such a claim. Practitioners must cross‑check Aboriginal Land Rights registers and claim files.
Regulatory retrospective capacity (s 13(3)-(4))
Regulations may take retrospective effect to 1 January 2007 subject to protections that prevent prejudicial effect on third parties (s 13(3)-(4)). Where transitional or savings regulations have been made, their retrospective scope could be relevant to past acts or omissions. Practitioners should inspect any regulations made under s 13.
Diagrams are the technical reference
Parcel descriptions in the Schedules rely on departmental diagrams catalogued with Misc R numbers. The legislative descriptions are approximate (eg, “about 868 hectares”) and refer to diagram identifiers. For precise conveyancing or survey work, practitioners must obtain and examine the actual departmental diagrams cited in the Schedules.
No direct penalties in the Act,enforcement through other statutes
Because this Act creates reservations and vestings but contains no directly enforceable offences, clients must be advised that enforcement and penalties will arise under the NPW Act, the Forestry Act as applied to preserved leases, or relevant regulations. Practitioners should identify which statute governs the particular activity on the parcel (e.g., NPW Act permit conditions post‑reservation) before advising on compliance or enforcement risk.
In practice, the “gotchas” concentrate on timing, certainty of rights of way and administrative adjustments, the interplay of title cleansing and preserved leases, and the need to consult diagrams and ministerial/Gazette notices to determine present legal status. Always cross‑check Gazette notices, NPW Minister orders, and Director‑General notices when dealing with affected parcels.
If you are a private landholder relying on access through the lands in Schedules 1 or 2
Confirm whether the access road you use is one of the access roads listed in Schedule 7, cl 5(2) and whether a replacement right of way was granted by the NPW Minister (Schedule 7, cl 5(5)). If your access was the only practical access to your private land holding, note that the NPW Minister may not close that road while the holding remains in private ownership (Schedule 7, cl 5(10)).
Record any right of way instruments and ensure registered notices and plan references are current. If you have concerns about proposed revocation or variation of a right of way, seek administrative review or legal advice promptly because the NPW Minister has the power to revoke or vary grants (Schedule 7, cl 5(6)).
If you are a surveyor, conveyancer or legal adviser preparing or reviewing dealings
Always obtain the latest consolidated text and check the NSW legislation website for any Director‑General notices that amended the Schedules (s 10(3)). The substantive legal effect may have been altered by an adjustment notice such that land is taken never to have been subject to the Act’s provisions (s 10(7)) or to have been subject to them from commencement (s 10(8)).
Consult the departmental diagrams referenced in the Schedules (the Misc R numbers) to determine exact boundaries and verify the parcels specified. The Schedule descriptions are approximate; the diagrams are the technical source.
Check for any Gazette notices or Ministerial orders under Schedule 7, cl 5 or s 10(9) that alter whether a parcel is part of a public road or part of a reservation.
If you are a developer, planner or a local council
Confirm whether any lands adjacent to proposed works were reserved or vested by the Act and whether adjustments to road boundaries have been declared by the Director‑General or Gazetted by the NPW Minister (s 10(9); Schedule 7, cl 5(7)). These declarations can change whether land is vested in a roads authority, the Crown, or is part of the NPW estate.
Coordinate with the NPW Minister and DEC where access roads or public road status are in question; the Act provides mechanisms that may assign responsibilities to the NPW Minister for land that was previously under another authority (s 10(9)).
If you are an Aboriginal land claimant or acting for one
Check whether the Crown land in question was subject to a duly made claim under Division 2 of Part 2 of the Aboriginal Land Rights Act 1983 made before 25 September 2006 and undetermined before commencement of Part 2 of this Act. If so, that land is excluded from reservation and vesting by this Act (Schedule 7, cl 11). Confirm claim documents and dates to ensure the exclusion applies.
Records, searches and administrative checks (universal)
Search for: (a) Gazette notices under Schedule 7 cl 5 and Director‑General notices under s 10 published on the NSW legislation website; (b) the diagrams catalogued with the Department (the Misc R references cited in the Schedules); (c) NPW Minister grants or revocations of rights of way; (d) any regulations made under s 13; and (e) relevant entries and encumbrances in Title search records.
Keep contemporaneous decision records where a public authority exercises the powers under s 10 or Schedule 7. The Director‑General’s certification under s 10(5) and ministerial approvals under s 10(4) are potential bases for administrative review,document the evidence supporting those steps.
Regulation and policy compliance
Be aware that regulations may have been made under s 13 to provide savings or transitional arrangements. Check whether any regulations directly affect the parcels or the rights of parties and review their commencement dates, in particular where they have retrospective effect to 1 January 2007 (s 13(3)-(4)).
In all cases, cross‑reference with the National Parks and Wildlife Act 1974 and with any Forestry Act provisions that continue to apply to preserved leaseholders. Operational compliance will usually require simultaneous compliance with the NPW Act regulatory regime after the transfers effected here.
(8) If land included in the adjusted description of the land includes any land not described in a relevant Schedule on the commencement of the Schedule, the land concerned is taken to have been subject, on and from the commencement of the Schedule, to the provisions of this Act applying to land described in the relevant Schedule.
(9) The Director-General of the Department of Environment and Conservation may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:
(a) any such land (described in the notice) is part of the public road and, accordingly, is vested in the roads authority for that public road under the Roads Act 1993 or is Crown land, or
(b) any such land (described in the notice) ceases to be part of that public road and, accordingly, is divested from the relevant roads authority or the Crown and becomes part of the land subject to the provisions of this Act applying to land described in the relevant Schedule in which the land is included.
A declaration under this subsection has effect according to its tenor, despite anything to the contrary in the Roads Act 1993.
(10) In this section:
classified road and public road have the same meanings as in the Roads Act 1993.
land adjoining a public road includes land in the vicinity of a public road.
national park estate land means:
(a) land reserved under the National Parks and Wildlife Act 1974, or
(b) land dedicated or set apart as a flora reserve under the Forestry Act 1916, or
(c) land declared as a special management zone under the Forestry Act 1916, or
(d) land vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974.