National Park Estate (Reservations) Act 2005
10Adjustment of description of land transferred to national park estate
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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 or 5 (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 any Crown land described in Schedule 4 (other than land reserved or dedicated under the National Parks and Wildlife Act 1974 or the Forestry Act 1916)—the Minister administering the Crown Land Management Act 2016, and
(d) 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.