National Park Estate (Riverina Red Gum Reservations) Act 2010
In ForceNSW
Jurisdiction
New South Wales
Act Number
22 of 2010
Collection
act
Plain English Summary
6/10 complexity
This Act transfers named Riverina lands out of State forest/Forestry Commission control and into the national park estate, other reserved Crown land, or vests them for Part 11 Aboriginal dealings, while preserving some existing leases and access rights. It centralises administrative decisions with the NPW Minister and the Director‑General (boundary adjustments, vestings, replacement rights, limited forestry approvals and annual non‑commercial firewood licences).
It matters because it shifts land use from forestry to park management, reallocates management costs to the Crown, and creates administrative steps and potential access uncertainty for local landholders and licence applicants.
This Act effects a statutory reconfiguration of Crown land in the Riverina area by revoking State forest dedications and reserving or vesting large tracts of land as national parks, regional parks and state conservation areas, and by providing transitional and administrative rules for existing forestry operations, access roads and pre‑existing interests. The material mechanical changes are:
On 1 July 2010 the dedication as State forest of the lands described in Schedules 1, 3, 5 and 6 is revoked (s 4). Related Forestry Act notices that declared national forests, special management zones or flora reserves within those lands are revoked to the extent they relate to the affected areas (s 4(2)-(4)).
Lands listed in Schedule 1 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 (NPW Act) as national parks or regional parks (s 5). Lands in Schedule 2 are reserved as state conservation area under the NPW Act on that date (s 6). Lands in Schedule 4 are also reserved as national park on that date (s 8).
Certain lands in Schedules 3 and 6 vest, on 1 July 2010, in the NPW Minister on behalf of the Crown for the purposes of Part 11 of the NPW Act, in fee simple, freed and discharged from most prior dedications and easements, subject to explicit exceptions preserving particular leases (s 7(1)-(2); s 10(1)-(3)).
The Act authorises administrative adjustments to the written descriptions of the lands in Schedules 1-7 by notice published on the NSW legislation website, subject to approvals and certification requirements (s 13). Adjustments can add or remove parcels and have statutory retrospective effect as to whether land was ever subject to the Act (s 13(6)-(9)).
Access roads and other access tracks used immediately prior to 1 July 2010 are treated specially: they vest in the NPW Minister but are not automatically reserved as parkland (Schedule 9, cl 5), with a statutory obligation on the NPW Minister to grant rights of way to replace Forestry Act rights where necessary (Schedule 9, cl 5(5)-(6)). The NPW Minister must by Gazette order, by 1 July 2015, declare which access roads are excluded from reservation and which are reserved as part of a park (Schedule 9, cl 5(7)-(8)).
Current sections
Direct links to the current provisions in National Park Estate (Riverina Red Gum Reservations) Act 2010.
Riverina area means the area of the State shown in the map at the end of this section.
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.
Riverina area
s 3: Am 2017 No 17, Sch 4.62 [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, 3, 5 or 6 is revoked on 1 July 2010.
(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 on the date the dedication is revoked, but only to the extent to which they relate to national forests, or parts of national forests, situated within the lands referred to in that subsection.
(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 on the date the dedication is revoked, but only to the extent to which they relate to special management zones, or parts of special management zones, situated within the lands referred to in that subsection.
(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 on the date the dedication is revoked, but only to the extent to which they relate to flora reserves, or parts of flora reserves, situated within the lands referred to in that subsection.
5
Reservation of former State forests as national parks or regional parks on 1 July 2010
5 Reservation of former State forests as national parks or regional parks on 1 July 2010
5 Reservation of former State forests as national parks or regional parks on 1 July 2010
(1) The lands described in Schedule 1 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks or regional parks (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that is also described in Schedule 3.
6
Reservation of Crown lands as state conservation area on 1 July 2010
6 Reservation of Crown lands as state conservation area on 1 July 2010
6 Reservation of Crown lands as state conservation area on 1 July 2010
(1) The lands described in Schedule 2 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, state conservation area (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.
7
Vesting in NPW Minister of former State forests land on 1 July 2010
7 Vesting in NPW Minister of former State forests land on 1 July 2010
7 Vesting in NPW Minister of former State forests land on 1 July 2010
(1) The lands described in Schedule 3 vest, on 1 July 2010, 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 3 are not freed and discharged from:
(a) any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind), or
to which the lands were subject immediately before their vesting under this section.
s 7: Am 2017 No 17, Sch 4.62 [2] [3].
8
Reservation of Forestry Commission controlled land as national park on 1 July 2010
8 Reservation of Forestry Commission controlled land as national park on 1 July 2010
8 Reservation of Forestry Commission controlled land as national park on 1 July 2010
(1) The lands described in Schedule 4 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, national park (as indicated in that Schedule).
(2) The lands described in Schedule 4 cease to be subject to section 11A of the Forestry Act 1916 (and any arrangements made under that section) on 1 July 2010.
9
Former State forests to be subject to Crown Land Management Act 2016
9 Former State forests to be subject to Crown Land Management Act 2016
Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
10 Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
10 Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
(1) The lands described in Schedule 6 vest, on 1 July 2010, 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) The purposes for which the lands described in Schedule 6 may be dealt with under Part 11 of the National Parks and Wildlife Act 1974 include the vesting of any of the land in an Aboriginal landholding body.
(3) Despite subsection (1), the lands described in Schedule 6 are not freed and discharged from:
(a) any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind), or
to which the lands were subject immediately before their vesting under this section.
s 10: Am 2017 No 17, Sch 4.62 [5] [6].
11
Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
11 Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
11 Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
The lands described in Schedule 7 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, state conservation area (as indicated in that Schedule).
12
Change of names and consolidation of existing reserves within national park estate
12 Change of names and consolidation of existing reserves within national park estate
12 Change of names and consolidation of existing reserves within national park estate
The reservation under the National Parks and Wildlife Act 1974 of land as, or as part of, national parks, nature reserves or state conservation areas as described in any clause in Schedule 8 is, on 1 July 2010, revoked and the lands are reserved under that Act as, or as part of, the national parks, nature reserves or state conservation areas as indicated in the heading to the clause in that Schedule.
13
Adjustment of description of land transferred to national park estate
13 Adjustment of description of land transferred to national park estate
13 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedules 1–7 (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 setback 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.
Any such adjustment may include adding to a relevant Schedule a description of the land removed by the adjustment from the description of land in another relevant Schedule.
(3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment, Climate Change and Water by a notice published on the NSW legislation website that amends a relevant Schedule.
(4) A notice under this section may be published only with the approval of:
(a) the NPW Minister, and
(b) to the extent that the notice applies to a Crown road—the Minister administering the Crown Land Management Act 2016, 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, Climate Change and Water is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.
(6) An adjustment of the description of land may only be made before:
(a) 1 July 2012, except as provided by paragraph (b) or (c), or
(b) 1 July 2015, in the case of an adjustment of the description of land in Schedule 3 or 4, or of the boundary of land adjoining a public road, or
(c) 1 July 2017, in the case of an adjustment of the description of land in Schedule 6.
(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, Climate Change and Water may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:
(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:
appropriate setback, in relation to a carriageway of a road, includes a setback that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.
classified road and public road have the same meanings as they have in the Roads Act 1993.
land adjoining a public road includes land in the vicinity of a public road.
Forestry operations on land remaining as State forest
Part 3 Forestry operations on land remaining as State forest
Part 3 Forestry operations on land remaining as State forest
14
Definitions
14 Definitions
14 Definitions
(1) In this Part:
Crown-timber lands has the same meaning as it has in the Forestry Act 1916.
Riverina forestry operations means forestry operations within the meaning of the Forestry Act 2012 to which Part 5B of that Act applies that are carried out in Riverina State forests.
Riverina State forests means State forests and other Crown-timber lands in the Riverina area, and include (while they remain State forests) the State forests of Koondrook, Perricoota and Campbells Island.
(2) For the purposes of this Part, forestry operations includes operations for the production or collection of firewood.
s 14: Am 2012 No 96, Sch 4.21 [1].
15
Integrated forestry operations approval for Riverina forestry operations
15 Integrated forestry operations approval for Riverina forestry operations
15 Integrated forestry operations approval for Riverina forestry operations
(1) An integrated forestry operations approval may be granted under Part 5B of the Forestry Act 2012 for Riverina forestry operations.
(2) The substitution of this section by the Forestry Act 2012 does not affect any integrated forestry operations approval in force immediately before that substitution.
s 15: Subst 2012 No 96, Sch 4.21 [2]. Am 2018 No 40, Sch 3.8.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
16
Collection of firewood on reserved land under this Act
16 Collection of firewood on reserved land under this Act
16 Collection of firewood on reserved land under this Act
(1) Firewood may be collected from land reserved as national park or regional park by this Act for use outside of that or any other land reserved under the National Parks and Wildlife Act 1974 in the following circumstances:
(a) the firewood is not collected for commercial purposes,
(b) the firewood is collected by an individual who, or a not-for-profit organisation which, is licensed by the Director-General of the Department of Environment, Climate Change and Water under this section,
(c) the firewood is collected from firewood collection zones within the land determined by the Director-General and notified to the holder of any such licence,
(d) the firewood is collected in accordance with the conditions of any licence (including any conditions notified to the holder of the licence by the Director-General),
(e) the person collecting the firewood does not fell any tree for the purpose of obtaining firewood,
(f) the collection of the firewood complies with any other requirements of the regulations.
(2) Wood obtained from ecological thinning undertaken by the Director-General in any lands reserved under the National Parks and Wildlife Act 1974 in the Riverina area may be deposited in firewood collection zones for collection by the holders of licences under this section.
(3) A licence under this section may not be granted for a period that exceeds 1 year, but may be renewed from time to time.
(4) The Director-General is required to undertake a review of licences under this section as soon as practicable after 1 July 2013. The Director-General is to take into account the environmental sustainability of firewood collection in the reserved areas concerned and any other factors the Director-General considers relevant.
17
Act to bind Crown
17 Act to bind Crown
17 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.
18
Regulations
18 Regulations
18 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 July 2010 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 on the NSW legislation website, 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.
Schedule 1
State forests reserved as national park or regional park on 1 July 2010
Schedule 1 State forests reserved as national park or regional park on 1 July 2010
Schedule 1 State forests reserved as national park or regional park on 1 July 2010
Crown lands reserved as state conservation area on 1 July 2010
Schedule 2 Crown lands reserved as state conservation area on 1 July 2010
Schedule 2 Crown lands reserved as state conservation area on 1 July 2010
(Section 6)
Lachlan Valley State Conservation Area
An area of about 320 hectares, in the Local Government Area of Hay, Parish of Thononga, County of Franklin, being Lots 23, 54, 91, 92, 94, 96 and 117, DP752995.
Schedule 3
State forests vested in NPW Minister on 1 July 2010
Schedule 3 State forests vested in NPW Minister on 1 July 2010
Schedule 3 State forests vested in NPW Minister on 1 July 2010
Forestry Commission controlled land reserved as national park on 1 July 2010
Schedule 4 Forestry Commission controlled land reserved as national park on 1 July 2010
Schedule 4 Forestry Commission controlled land reserved as national park on 1 July 2010
(Section 8)
Murrumbidgee Valley National Park
An area of about 5,889 hectares, in the Parishes of Cudgel, Yarangery, Gogeldrie, and Dallas, County of Cooper, being the area whose control and silvicultural management was vested in the Forestry Commission of New South Wales by proclamations published in the NSW Government Gazette on 7 August 1925 and 11 June 1954 under section 11A of the Forestry Act 1916.
sch 4: Am 2010 No 119, Sch 2.31.
Schedule 5
State forests that became Crown land on 1 July 2010
Schedule 5 State forests that became Crown land on 1 July 2010
Schedule 5 State forests that became Crown land on 1 July 2010
(Sections 4 and 9)
sch 5, hdg: Subst 2017 No 17, Sch 4.62 [8].
Schedule 6
State forests vested in NPW Minister on 1 July 2010 for transfer to Aboriginal ownership
Schedule 6 State forests vested in NPW Minister on 1 July 2010 for transfer to Aboriginal ownership
Schedule 6 State forests vested in NPW Minister on 1 July 2010 for transfer to Aboriginal ownership
(Sections 4 and 10)
sch 6: Am 2015 (357), Sch 1 [2].
Schedule 7
Land vested in the NPW Minister reserved as state conservation area on 1 July 2010
Schedule 7 Land vested in the NPW Minister reserved as state conservation area on 1 July 2010
Schedule 7 Land vested in the NPW Minister reserved as state conservation area on 1 July 2010
(Section 11)
Lachlan Valley State Conservation Area
An area of about 3,899 hectares, in the Local Government Area of Hay, Parish of Thononga, County of Franklin, being Lots 5, 6, 12, 13, 15, 16, 17, 18, 19, 21, 22, 24, 25, 32, 41, 50, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 75, 76, 77, 78, 79, 90, 93, 95, 97, 98, 99, 100, 103, 104, 105, 106, 107, 110, 111, 112, 113, 114, 115 and 116, DP752995.
An area of about 870 hectares, in the Local Government Area of Hay, Parishes of Thellangering and Yimbaring, County of Waradgery, being Lots 8, 9, 10, 11 and 16, DP756791 and Lots 12, 13 and 14, DP756814.
Schedule 8
Change of names and consolidation of national parks, nature reserves and state conservation areas on 1 July 2010
Schedule 8 Change of names and consolidation of national parks, nature reserves and state conservation areas on 1 July 2010
Schedule 8 Change of names and consolidation of national parks, nature reserves and state conservation areas on 1 July 2010
(Section 12)
Schedule 9
Land transfers—ancillary and special provisions
Schedule 9 Land transfers—ancillary and special provisions
Schedule 9 Land transfers—ancillary and special provisions
sch 9: Am 2017 No 17, Sch 4.62 [9]–[14].
Schedule 10
Schedule 10
Schedule 10 (Repealed)
sch 10: Rep 1987 No 15, sec 30C.
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 (Riverina Red Gum Reservations) Act 2010.
2 Commencement
2 Commencement
2 Commencement
This Act commences on 1 July 2010.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act:
Crown land has the same meaning as it has 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.
Riverina area means the area of the State shown in the map at the end of this section.
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.
Riverina area
s 3: Am 2017 No 17, Sch 4.62 [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, 3, 5 or 6 is revoked on 1 July 2010.
(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 on the date the dedication is revoked, but only to the extent to which they relate to national forests, or parts of national forests, situated within the lands referred to in that subsection.
(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 on the date the dedication is revoked, but only to the extent to which they relate to special management zones, or parts of special management zones, situated within the lands referred to in that subsection.
National Park Estate (Riverina Red Gum Reservations) Act 2010 (New South Wales) | Zoe
Forestry operations that remain in State forested areas in the Riverina may be subject to integrated forestry operations approvals under the Forestry Act 2012 (s 15).
The Act creates a licensing regime for non‑commercial firewood collection from land reserved by this Act, with licences issued by the Director‑General, limited to one year, and subject to environmental sustainability review (s 16).
Procedural overrides are explicit: the Act states it operates despite different procedures under the Forestry Act 1916 and the NPW Act for revocation or reservation of land (Schedule 9, cl 2). It also provides detailed ancillary and saving provisions about existing leases, administration of interests, non‑application of certain Roads Act provisions, and regulation‑making powers for the Governor (Schedule 9; s 18).
The Act itself records amendment and footnote references (for example to changes in 2012, 2015, 2017 and 2018) in multiple sections and schedules; those annotations are integral to the source text provided.
Main concepts
The Act uses a small set of statutory devices and concepts to convert land uses and to manage the transition of rights and access. Key legal concepts in the Act are:
Revocation and reservation: s 4 revokes State forest dedications; s 5-6 and s 8 perform the reservations under the NPW Act. Schedule 9, cl 3 expressly deems the reservations effected by this Act to have been done by notice under Division 1 of Part 4 of the NPW Act for NPW Act purposes, and takes assigned park names to have been assigned as if by that route (Schedule 9, cl 3(1)-(3)). Clause 3(4) then removes application of selected NPW Act provisions (ss 35, 47D and 47R) to reservations effected by this Act (Schedule 9, cl 3(4)).
Vesting in NPW Minister for Part 11 purposes: Schedules 3 and 6 contain lists of lands that vest in the NPW Minister on 1 July 2010 for the purposes of Part 11 of the NPW Act, in fee simple, freed and discharged from prior dedications and easements but with specific exceptions preserving existing lease types (s 7; s 10). The statutory consequence is that the NPW Minister may exercise the powers available under Part 11 to manage and deal with the land (Schedule 9, cl 6).
Preservation of certain pre‑existing interests: the Act preserves continued perpetual leases, continued special leases, continued term leases, Western lands leases and incomplete purchase rights where applicable (s 7(2), s 10(3), Schedule 9, cl 1). Administration of these preserved interests is vested in the NPW Minister, who has the powers of the Minister administering the Crown Land Management Act 2016 for that purpose (Schedule 9, cl 8).
Access roads and rights of way: an access roads concept is defined and access ways used immediately before vesting are treated as not reserved but vested in NPW Minister with rights of continued use, an obligation to re‑grant rights of way for private land holdings (Schedule 9, cl 5(1)-(6)), and an administrative process to decide exclusion from reservation by 1 July 2015 (Schedule 9, cl 5(7)-(8)). The Act also allows the NPW Minister to determine a strip width up to 30 metres for excluded roads and to vest that land accordingly (Schedule 9, cl 11).
Administrative boundary adjustments: s 13 provides a mechanism for the Director‑General of the Department of Environment, Climate Change and Water to adjust schedule descriptions by notice on the NSW legislation website, with required approvals from the NPW Minister and relevant road ministers, and a certification that adjustments will not significantly reduce size or value of national park estate or State forest land (s 13(3)-(6)). Adjustments operate within defined time windows and produce statutory effects as to whether land is treated as ever subject to the Act (s 13(6)-(9)).
Forestry regulation for remaining State forests: the Act defines Riverina forestry operations and permits integrated forestry operations approvals under the Forestry Act 2012, Part 5B (s 14-15).
Firewood licensing: s 16 creates a licensing regime for non‑commercial firewood collection from land reserved by this Act, with Director‑General control over zones, conditions, prohibition on tree felling, licence duration up to one year and a mandated review by the Director‑General after 1 July 2013 to consider environmental sustainability.
Statutory interactions are explicit in text: the Act declares it binds the Crown (s 17), permits regulation‑making by the Governor for consequential matters and savings/transitional provisions (s 18), and contains multiple clauses stating that certain provisions of other Acts do not apply or are overridden (Schedule 9, cl 2; s 13(9); Schedule 9, cl 10).
Who it affects
Identify the actors and who bears costs, who decides, and who retains or loses powers.
NPW Minister and Director‑General (Department of Environment, Climate Change and Water): The NPW Minister is the primary decision maker for land vesting under Part 11 of the NPW Act (s 7, s 10, Schedule 9, cl 6-8). The Director‑General has administrative powers to publish land description adjustments (s 13(3)), to determine firewood collection zones and licence holders (s 16(1)(c)), to notify licence conditions (s 16(1)(d)), and to authorise use of access roads where necessary to enable lawful activities (Schedule 9, cl 7(3)). The NPW Minister must grant rights of way under s 149 NPW Act to replace prior Forestry Act rights (Schedule 9, cl 5(5)).
Holders of existing leases and certain purchasers: continued perpetual leases, continued special leases, continued term leases and Western lands leases affecting lands vested by the Act are preserved (s 7(2), s 10(3), Schedule 9, cl 1). Such leaseholders remain subject to their lease terms but find the administration of those interests vested in the NPW Minister, who acquires the powers of the Crown Land Minister to administer them (Schedule 9, cl 8).
Private landowners with holdings inside or adjoining the affected lands: the Act expressly preserves access to private land holdings. Access roads that constituted the only practical means of access may not be closed by the NPW Minister while the land remains in private ownership (Schedule 9, cl 5(10)). The NPW Minister must grant replacement rights of way for any right of way under the Forestry Act in force immediately before 1 July 2010 (Schedule 9, cl 5(5)-(6)).
Forestry industry and licence/permit holders: Riverina forestry operations within remaining State forests are capable of being regulated under an integrated forestry operations approval under the Forestry Act 2012, Part 5B (s 15). The Act also revokes certain Forestry Act notices within the lands revoked as State forest (s 4(2)-(4)), which changes the statutory basis for silvicultural management in some parcels.
Applicants for firewood licences and not‑for‑profit organisations: individuals and not‑for‑profit organisations may apply for non‑commercial firewood collection licences issued by the Director‑General (s 16(1)(b)). Licence holders must comply with zone boundaries and conditions (s 16(1)(c)-(d)), may not fell trees to obtain firewood (s 16(1)(e)), and licences are limited to one year, renewable (s 16(3)).
Ministers administering other Acts: the Minister administering the Crown Land Management Act 2016 and the Minister responsible for classified roads under the Roads Act 1993 have approval roles for adjustments affecting Crown roads or classified roads respectively (s 13(4)(b)-(c)). The Minister administering the Forestry Act 1916 must concur with the NPW Minister for orders about access roads excluded from reservation (Schedule 9, cl 5(7), cl 11(3)(a)), and concurrency is required for width determinations (cl 11(3)(a)).
State agencies and the Crown: the Act binds the Crown (s 17) and provides that regulations may be made with retrospective savings or transitional effect back to 1 July 2010, subject to protections for private rights as to prejudicial retrospective operation (s 18(2)-(4)).
Who pays: the Act does not impose explicit fees or levies; however, costs fall in practice on administrative agencies (Department of Environment, Climate Change and Water for adjustment notices, licence administration and reviews), on private parties who must secure licences or assert rights of way, and on leaseholders interacting with a new administrator (NPW Minister) for their leases. The Act does not set licence fees or compensation mechanisms in the text provided.
Key duties and rights
The Act creates specific statutory duties, obligations and rights. The main ones are:
Duty to publish vesting/reservation and satisfy NPW formalities: the Act itself effects the reservations and vestings on 1 July 2010, and Schedule 9, cl 3(1) takes those reservations to have occurred as if by notice under Division 1 of Part 4 of the NPW Act. The NPW Minister and Director‑General have duties connected to administering those lands under the NPW Act (Schedule 9, cl 6-8).
Director‑General’s duty to certify adjustments will not reduce size or value: s 13(3)-(5) requires the Director‑General to make adjustments by notice on the NSW legislation website only with approvals from the NPW Minister and relevant road ministers, and to 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 13(3)-(5)). This is a specific, express certification duty imposed on the Director‑General.
NPW Minister’s duty to grant rights of way: where a private land holding relied on a right of way granted under s 20A of the Forestry Act 1916 immediately before 1 July 2010, the NPW Minister must, under s 149 NPW Act, grant a right of way to replace it (Schedule 9, cl 5(5)). The NPW Minister may later revoke or vary that grant (cl 5(6)), but the initial grant is mandated.
Director‑General’s duties for firewood licences: the Director‑General may licence non‑commercial firewood collection, determine collection zones and conditions, restrict felling, limit licence duration to one year, and must undertake a review of licences as soon as practicable after 1 July 2013 taking into account environmental sustainability (s 16(1)-(4)). Licence holders must comply with conditions and regulations (s 16(1)(d), (f)).
Administrative duty to make access decisions by the statutory deadline: the NPW Minister must publish one or more orders in the Gazette by 1 July 2015 declaring which access roads are excluded from reservation and which are reserved (Schedule 9, cl 5(7)).
Rights preserved for holders of particular lease types and for private landowners: the Act excludes freehold and certain leasehold interests from reservation by the Act (Schedule 9, cl 1(1)), and while the NPW Minister acquires administration of existing interests affecting vested lands, those interests are preserved (s 7(2), s 10(3), Schedule 9, cl 8).
Regulatory power: the Governor may make regulations necessary or convenient to carry out the Act, including savings and transitional provisions, with power to have those provisions take effect from 1 July 2010 or later, subject to protections against prejudicial retrospective effect on private persons (s 18(1)-(4)).
Rights and discretions are concentrated in ministers and the Director‑General. The NPW Minister decides grant and variation of rights of way, declaration of excluded roads, and holds the statutory stewardsip of vested lands. The Director‑General decides on descriptive adjustments, firewood zones and licences. Ministers administering Crown land and roads have concurrence rights for certain adjustments or orders (s 13(4), Schedule 9, cl 5(7), cl 11(3)).
Penalties and enforcement
The Act as provided contains few penalty provisions of its own. It focuses on reservation/vesting, administrative mechanisms and rights, and it envisages enforcement primarily by the operation of the NPW Act and Forestry Act frameworks rather than by new penalty clauses in this Act. Specific enforcement or penalty implications to note from the text provided are:
Licensing compliance for firewood: s 16 requires compliance with licence conditions, with the Director‑General empowered to regulate collection zones and conditions and to forbid felling. The Act does not specify penalties within s 16 for unlicensed collection or contravention of licence conditions, so enforcement would be by the NPW Act or regulations made under the NPW Act or this Act. Practitioners should look to the NPW Act and any regulations made under either Act for express offences and penalties applicable to unlicensed collection or unauthorised activity on reserved land (s 16(1)(d), (f); Schedule 9, cl 7(2) which cross‑refers to s 149 NPW Act powers).
Forestry operations: s 15 permits integrated forestry operations approvals under the Forestry Act 2012. Any contravention of conditions attached to such approvals would be subject to the enforcement regime of the Forestry Act 2012, including its offence and penalty provisions.
Rights of way and access: the statutory obligation for the NPW Minister to grant rights of way (Schedule 9, cl 5(5)) creates an administrative duty; failures could be the subject of administrative review or judicial review under general administrative law principles, but the Act contains no bespoke civil remedy clause.
Regulation power with retrospective savings: s 18 permits regulations that include savings or transitional provisions and even provisions taking effect from 1 July 2010, subject to a limitation that no such provision may, so far as it operates earlier than publication, affect a person in a manner prejudicial to that person (other than the State) or impose liabilities in respect of pre‑publication acts or omissions. That clause is a statutory constraint on retrospective regulatory imposition (s 18(2)-(4)).
In short, the Act sets up the land‑use architecture and leaves specific enforcement and penalty mechanisms to the NPW Act, Forestry Act 2012 and any regulations. Practitioners must therefore cross‑check those instruments for concrete offences, penalty levels and enforcement mechanisms applicable to contraventions occurring under the new arrangements.
How it interacts with other laws
The Act expressly engages and in some respects displaces provisions of several other statutes. The text makes multiple express interaction rules:
National Parks and Wildlife Act 1974: the Act reserves and vests land under the NPW Act framework and Schedule 9, cl 3 expressly takes the reservations effected by this Act to be reservations by notice under Division 1 of Part 4 of the NPW Act for NPW Act purposes. It also takes names assigned by this Act to have been assigned by NPW Act notice (Schedule 9, cl 3(1)-(3)). The Act also states that ss 35, 47D and 47R of the NPW Act do not apply to a reservation effected by this Act (Schedule 9, cl 3(4)). Lands vested in the NPW Minister are to be treated as acquired under Part 11 and may be dealt with as if so acquired (Schedule 9, cl 6(1)).
Forestry Act 1916: the Act operates despite the Forestry Act 1916 procedures for revocation of State forests, national forests, special management zones and flora reserves (Schedule 9, cl 2(1)). Section 4 revokes certain Forestry Act notices to the extent they relate to affected areas (s 4(2)-(4)). Clause 4 of Schedule 9 imports s 42(2) of the NPW Act to apply to forestry leases that were current and in force before 1 July 2010, so that existing Forestry Act leases are treated as licences or permits under the NPW Act in the respects that s 42(2) contemplates (Schedule 9, cl 4).
Forestry Act 2012: the Act defines Riverina forestry operations and expressly permits integrated forestry operations approvals under Part 5B of the Forestry Act 2012 to be granted for Riverina forestry operations (s 14-15). The substitution of s 15 by the Forestry Act 2012 is reflected in the source text, and s 15(2) preserves any integrated forestry operations approval that was in force immediately before the substitution.
Crown Land Management Act 2016: definitions and exceptions reference the Crown Land Management Act 2016. The Act preserves continued perpetual leases etc within the meaning of Schedule 1 to that Crown Land Act when saving certain interests (s 7(2), s 10(3), Schedule 9, cl 1, cl 8). Schedule 9, cl 8 vests administration of existing interests affecting vested lands in the NPW Minister and grants the NPW Minister the powers of the Minister administering the Crown Land Management Act 2016 for that purpose.
Roads Act 1993: s 13(4)(c) requires the Minister administering the Roads Act to approve notices under s 13 to the extent they apply to classified roads. Section 13(9) permits the Director‑General to declare that land adjacent to a public road is part of the road or ceases to be part of the road, and states such a declaration operates despite anything to the contrary in the Roads Act 1993. Schedule 9, cl 10 expressly provides that s 138 of the Roads Act 1993 does not apply to anything done under this Act in relation to a road on land reserved under this Act.
Irrigation Corporations Act 1994 and related orders: Schedule 9, cl 1(e) excludes from reservation by this Act any land that has been transferred to Murrumbidgee Irrigation Limited by operation of a specified order under s 78 of the Irrigation Corporations Act 1994 dated 26 June 1997.
Two interactional consequences to flag and that are explicit in the source: first, the Act declares itself to have effect notwithstanding inconsistent procedures in the Forestry Act 1916 and NPW Act (Schedule 9, cl 2), so it is designed to be a primary vehicle for these land transfers. Second, the Act centrally reassigns administrative powers and creates cross‑statutory authority for the NPW Minister to perform functions that otherwise would be in the remit of other ministers, for example administering existing Crown lease interests (Schedule 9, cl 8). The Act therefore centralises administration under NPW while preserving specified private interests and access rights.
Amendment history
The source text includes explicit amendment notations. The relevant annotations in the provided text are:
s 3 (definitions): annotated "Am 2017 No 17, Sch 4.62 [1]".
s 7 (vesting in NPW Minister of former State forests land on 1 July 2010): annotated "Am 2017 No 17, Sch 4.62 [2] [3]".
s 9 (former State forests to be subject to Crown Land Management Act 2016): annotated "Subst 2017 No 17, Sch 4.62 [4]".
s 10 (vesting for transfer to Aboriginal ownership): annotated "Am 2017 No 17, Sch 4.62 [5] [6]".
s 13 (adjustment of description of land): annotated "Am 2017 No 17, Sch 4.62 [7]".
s 14 (definitions in Part 3): annotated "Am 2012 No 96, Sch 4.21 [1]".
s 15 (integrated forestry operations approval): annotated "Subst 2012 No 96, Sch 4.21 [2]. Am 2018 No 40, Sch 3.8." The Source also states s 15(2) preserves in force approvals at substitution.
Schedule 5 heading: "Subst 2017 No 17, Sch 4.62 [8]".
Schedule 6: annotated "Am 2015 (357), Sch 1 [2]".
Schedule 9: annotated "Am 2017 No 17, Sch 4.62 [9]-[14]".
Schedule 10 is marked as repealed ("Rep 1987 No 15, sec 30C").
Those annotations are the amendment markers present in the statute text provided. They indicate legislative activity in 2010, 2012, 2014, 2015, 2017 and 2018 affecting section text and schedule composition, and they appear in the source as marginal notes attached to the sections and schedules.
Litigation history
The Act text supplied contains no case citations and does not record any judicial decisions referring to it. The text names no cases, and there are no annotated judicial interpretations or declared precedents within the source provided. For purposes of litigation research, therefore, the Act itself does not contain litigation history; practitioners must search case law databases and judicial registers separately for reports of judicial review, appeals or other litigation involving the Act, the NPW Act, or related integrated forestry approvals on Riverina lands.
Gotchas
The Act contains several features that produce implementation risks, legal frictions and areas where careful transactional and administrative work is required:
Administrative adjustments can reverse whether land is treated as ever to have been subject to the Act: s 13(7)-(8) provide that if a parcel described in a Schedule at commencement is omitted by an adjusted description, that land is "taken never to have been subject to or affected by the provisions of this Act applying to land described in the relevant Schedule." Conversely, added land is "taken to have been subject, on and from the commencement of the Schedule, to the provisions of this Act." That creates potential retroactive effects on third party expectations and can alter the legal status of land as if it never was included. The statutory safeguard is the Director‑General’s certification that adjustments will not cause "any significant reduction in the size or value of national park estate land or State forest land" (s 13(5)), but the Act gives no detailed test or external review mechanism for that certification.
Centralisation of administrative discretion: the Director‑General has power to adjust descriptions, determine firewood collection zones and to notify licence conditions (s 13(3), s 16(1)(c)-(d)). The NPW Minister has a broad role in vesting and in rights of way. These concentrated discretions place wide practical control with executive officials; the Act prescribes approval and concurrence requirements (s 13(4), Schedule 9, cl 5(7)), but it does not prescribe elaborate procedural consultation steps within the Act itself.
Overriding of other procedural provisions: the Act states it has effect despite the Forestry Act 1916 and particular NPW Act procedures (Schedule 9, cl 2). It also permits declarations that operate "despite anything to the contrary" in the Roads Act 1993 (s 13(9)). Those override clauses narrow procedural hooks that otherwise might have given affected parties formal steps under other statutes.
Complexity in access road treatment and deadlines: access roads used immediately before 1 July 2010 are treated specially and must be scheduled as excluded or included by order by 1 July 2015 (Schedule 9, cl 5(7)). Until that order, the roads vest in the NPW Minister and may continue to be used, but decision pathways and the NPW Minister’s power to revoke or vary replacement rights of way (cl 5(6)) create potential uncertainty for private landowners relying on permanency of access rights.
Preservation but administrative transfer of existing leases: preserved continued leases remain legally effective, but administration is transferred to the NPW Minister who acquires powers under the Crown Land Management Act 2016 (Schedule 9, cl 8). The practical effect is that lessees must deal with a new administering authority and the NPW Minister may exercise different priorities under NPW management, even though substantive lease rights are preserved.
Firewood licensing is limited and subject to review: licences are limited to one year and the Director‑General must review licences as soon as practicable after 1 July 2013, with environmental sustainability a mandated consideration (s 16(3)-(4)). Collectors and licence holders face an annual renewal regime and an explicit review clause that may change availability or conditions of collection.
Interaction with lots and diagrams means parcel‑level precision is necessary: Schedules frequently exclude or include particular lot numbers catalogued in the Office of Environment and Heritage (numerous schedule paragraphs). Practitioners must consult the specified diagrams to determine exact parcel boundaries and exclusions.
Limited penalty wording in this Act: the Act creates obligations but largely leaves enforcement and penalties to the NPW Act, Forestry Act 2012 or regulations. Parties seeking clarity on sanctions should cross‑check those statutes and any regulations made under this Act (s 18).
Time‑limited adjustment windows: s 13(6) imposes time limits for when adjustments can be made , before 1 July 2012 generally, before 1 July 2015 for adjustments to Schedule 3 or 4 or boundaries adjoining a public road, and before 1 July 2017 for Schedule 6 adjustments. If adjustments are not made by those dates, the statutory window lapses, which may lock in boundaries but also raises a risk of hurried decision‑making before the deadline.
Retrospective regulation powers with safeguards: s 18 allows regulations to take effect from 1 July 2010 or later, with the caveat that retrospective operation must not be prejudicial to private persons (s 18(3)-(4)). That provision is a general safety valve, but other provisions (such as s 13(7)-(8)) may produce retroactive legal effects in particular cases without the same explicit “prejudicial” safeguard.
These are concrete mechanisms that can produce legal friction around titles, access, ongoing enterprise operations (forestry, irrigation, agricultural access), and local government or Crown road responsibilities. Each point above is grounded in the cited provision.
How to comply
Below are practical steps and compliance checkpoints tailored to the principal interested parties, with the section references that create duties or protections.
For landowners, lessees and managers
Verify whether the parcel appears in Schedules 1-8 and consult the referenced diagram numbers and lot identifiers in the Office of Environment and Heritage to confirm exact inclusion or exclusion from reservation or vesting (Schedules 1-8). Many schedule items exclude specific lots; do not rely on broad descriptions alone.
If your interest is a freehold estate in fee simple, or a continued perpetual/special/term lease or Western lands lease within the meaning of Schedule 1 or Schedule 3 to the Crown Land Management Act 2016, the Act expressly excludes or preserves those interests (Schedule 9, cl 1(1), s 7(2), s 10(3)). Confirm whether your lease is one of the preserved categories and be prepared to deal with the NPW Minister as the administering authority (Schedule 9, cl 8).
If you rely on an access road for practical access to private land, document the right of way or access in place immediately before 1 July 2010. The NPW Minister must grant replacement rights of way under s 149 NPW Act where a Forestry Act s 20A right of way existed immediately before that date (Schedule 9, cl 5(5)-(6)). If you are concerned an access road may be excluded from reservation or that an exclusion order may narrow the access width, raise that on file with the NPW Minister and the Minister administering the Forestry Act 1916, since concurrence is required for the NPW Minister’s exclusions and width determinations (Schedule 9, cl 5(7), cl 11(2)-(3)). Preserve documentary evidence of practical need for access before any orders are made.
For leaseholders whose lease is preserved, note that administration of matters relating to the existing interest is vested in the NPW Minister and that the NPW Minister has the powers of the Minister under the Crown Land Management Act 2016 to administer them (Schedule 9, cl 8). Ensure correspondence and applications are addressed to the NPW Minister’s designated administration unit and track any changes to payment, reporting or consent processes.
For organisations or individuals seeking to collect firewood
Apply to the Director‑General for a licence where non‑commercial firewood collection is intended from land reserved by this Act (s 16(1)(b)). Licences are limited to one year and are renewable; plan for annual renewals (s 16(3)).
Be prepared to collect only from Director‑General‑determined firewood collection zones and to comply strictly with licence conditions and regulations; do not fell trees for firewood under the licence (s 16(1)(c)-(e)).
Note the Director‑General must review licences as soon as practicable after 1 July 2013, taking environmental sustainability into account (s 16(4)); document sustainable practices and be ready to supply evidence supporting sustainability on renewal.
For forestry operators and regulators
Determine whether your remaining operations in Riverina State forests qualify as Riverina forestry operations within the meaning of s 14. If so, coordinate integrated forestry operations approvals under Part 5B of the Forestry Act 2012, as s 15 permits such approvals for Riverina forestry operations.
Review any Forestry Act leases and permits that were current immediately before 1 July 2010. Section 42(2) of the NPW Act applies to Forestry Act leases affecting Schedule 1 or 4 lands that were current immediately before 1 July 2010, in the same way as that section applies to a licence or permit under the Forestry Act (Schedule 9, cl 4). Consult the NPW Act and Forestry Act 2012 for applicable continuing obligations and compliance requirements.
Track the revocations in s 4(2)-(4) for Forestry Act notices that declared national forests, special management zones or flora reserves, and identify any regulatory consequences for management responsibilities.
For administrators (NPW Minister and Director‑General)
Where adjustments to Schedule descriptions are contemplated, follow s 13 processes: secure the NPW Minister’s approval; if the adjustment affects Crown roads, secure the Minister administering the Crown Land Management Act 2016 approval; if it affects classified roads, secure the Minister responsible under the Roads Act 1993 approval (s 13(3)-(4)). Certify that adjustments will not cause a significant reduction in size or value (s 13(5)). Publish the notice on the NSW legislation website (s 13(3)).
Observe time limits for adjustments under s 13(6). If adjustments are to Schedule 3 or 4 or concern boundaries adjoining public roads, prioritise decisions before 1 July 2015; for Schedule 6 adjustments, decisions must be made before 1 July 2017. General adjustments must occur before 1 July 2012, subject to the exceptions in s 13(6).
For access roads, ensure one or more Gazette orders are published by 1 July 2015 declaring excluded or reserved access roads (Schedule 9, cl 5(7)-(8)) and work with the Minister administering the Forestry Act 1916 for concurrence. If making a width determination up to 30 metres for excluded access roads, observe the requirement to consider NPW Act objects and appropriateness of the setback, and to obtain concurrence as required (Schedule 9, cl 11(2)-(3)).
If granting replacement rights of way under s 149 NPW Act (Schedule 9, cl 5(5)), document the prior Forestry Act entitlement being replaced and the landholding benefitted; if varying or revoking such grants later, ensure transparent records of reasons and processes because these actions affect private land access (Schedule 9, cl 5(6)).
For firewood licences, set up documented zones, licence forms and conditions consistent with s 16 and any regulations. Ensure systems for annual renewal and for conducting the statutory review after 1 July 2013 of environmental sustainability are in place (s 16(3)-(4)).
If making regulations under s 18 that take effect from a date earlier than publication, ensure the regulations do not affect private persons in a prejudicial way in respect of rights existing prior to publication and that they do not impose liabilities for pre‑publication acts or omissions (s 18(4)(a)-(b)).
Cross‑cutting compliance steps
Check for any regulations made under this Act, and for NPW Act and Forestry Act 2012 instruments that now apply to formerly State forest land. The Act permits the Governor to make consequential regulations (s 18(1)-(3)). Enforcement details and penalties are likely to be located in those instruments rather than in this Act itself.
Maintain up‑to‑date parcel‑level maps using the Office of Environment and Heritage diagrams referenced in the Schedules. Many schedule entries rely on specific lot references and diagram catalogues; accurate cadastral information is necessary.
Document and preserve evidence of pre‑1 July 2010 uses, rights, and road access arrangements if you expect to rely on preserved rights (Schedule 9, cl 5(2), (5)-(6), cl 6-8).
Practical checklist for a solicitor, planner or property adviser dealing with a parcel in the Riverina area
Identify exact parcel inclusion by cross‑referencing the Schedule entries and the named diagram numbers in the Office of Environment and Heritage.
Determine whether the land was vested, reserved, or converted to Crown land, and whether an existing lease was preserved (s 4, s 5, s 6, s 7, s 9, s 10).
Confirm whether any access roads affecting the parcel are subject to declaration, and if so whether the NPW Minister has made any exclusion order or width determination (Schedule 9, cl 5 and cl 11).
Check whether the parcel is subject to integrated forestry operations approvals under the Forestry Act 2012 or other Forestry Act instruments (s 15).
If firewood collection is relevant, advise clients on the licensing requirement, non‑commercial limitation and prohibition on felling trees (s 16).
Advise lessees that administration may now be with the NPW Minister and that procedural routes under other Acts may be affected (Schedule 9, cl 2, cl 8).
If a statutory boundary adjustment has occurred or is proposed under s 13, require sight of the Director‑General’s notice and certification and any concurrence documentation from the relevant ministers.
Keep this Act and the NPW Act, Forestry Act 2012, Roads Act 1993 and Crown Land Management Act 2016 under continuous review in transactions and operational compliance work, because substantive enforcement provisions and penalties are delivered by those instruments rather than within this Act itself.
(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 on the date the dedication is revoked, but only to the extent to which they relate to flora reserves, or parts of flora reserves, situated within the lands referred to in that subsection.
5 Reservation of former State forests as national parks or regional parks on 1 July 2010
5 Reservation of former State forests as national parks or regional parks on 1 July 2010
5 Reservation of former State forests as national parks or regional parks on 1 July 2010
(1) The lands described in Schedule 1 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, national parks or regional parks (as indicated in that Schedule).
(2) Subsection (1) does not apply to any land described in Schedule 1 that is also described in Schedule 3.
6 Reservation of Crown lands as state conservation area on 1 July 2010
6 Reservation of Crown lands as state conservation area on 1 July 2010
6 Reservation of Crown lands as state conservation area on 1 July 2010
(1) The lands described in Schedule 2 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, state conservation area (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.
7 Vesting in NPW Minister of former State forests land on 1 July 2010
7 Vesting in NPW Minister of former State forests land on 1 July 2010
7 Vesting in NPW Minister of former State forests land on 1 July 2010
(1) The lands described in Schedule 3 vest, on 1 July 2010, 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 3 are not freed and discharged from:
(a) any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind), or
(b) any Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016,
to which the lands were subject immediately before their vesting under this section.
s 7: Am 2017 No 17, Sch 4.62 [2] [3].
8 Reservation of Forestry Commission controlled land as national park on 1 July 2010
8 Reservation of Forestry Commission controlled land as national park on 1 July 2010
8 Reservation of Forestry Commission controlled land as national park on 1 July 2010
(1) The lands described in Schedule 4 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, national park (as indicated in that Schedule).
(2) The lands described in Schedule 4 cease to be subject to section 11A of the Forestry Act 1916 (and any arrangements made under that section) on 1 July 2010.
9 Former State forests to be subject to Crown Land Management Act 2016
9 Former State forests to be subject to Crown Land Management Act 2016
9 Former State forests to be subject to Crown Land Management Act 2016
Any land described in Schedule 5 that was Crown land immediately before the repeal of the Crown Lands Act 1989 continues to be Crown land that is subject to the Crown Land Management Act 2016.
s 9: Subst 2017 No 17, Sch 4.62 [4].
10 Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
10 Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
10 Vesting in NPW Minister of former State forests on 1 July 2010 for transfer to Aboriginal ownership
(1) The lands described in Schedule 6 vest, on 1 July 2010, 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) The purposes for which the lands described in Schedule 6 may be dealt with under Part 11 of the National Parks and Wildlife Act 1974 include the vesting of any of the land in an Aboriginal landholding body.
(3) Despite subsection (1), the lands described in Schedule 6 are not freed and discharged from:
(a) any continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind), or
(b) any Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016,
to which the lands were subject immediately before their vesting under this section.
s 10: Am 2017 No 17, Sch 4.62 [5] [6].
11 Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
11 Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
11 Reservation of land vested in NPW Minister as state conservation area on 1 July 2010
The lands described in Schedule 7 are, on 1 July 2010, reserved under the National Parks and Wildlife Act 1974 as, or as part of, state conservation area (as indicated in that Schedule).
12 Change of names and consolidation of existing reserves within national park estate
12 Change of names and consolidation of existing reserves within national park estate
12 Change of names and consolidation of existing reserves within national park estate
The reservation under the National Parks and Wildlife Act 1974 of land as, or as part of, national parks, nature reserves or state conservation areas as described in any clause in Schedule 8 is, on 1 July 2010, revoked and the lands are reserved under that Act as, or as part of, the national parks, nature reserves or state conservation areas as indicated in the heading to the clause in that Schedule.
13 Adjustment of description of land transferred to national park estate
13 Adjustment of description of land transferred to national park estate
13 Adjustment of description of land transferred to national park estate
(1) The description of any land in Schedules 1–7 (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 setback 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.
Any such adjustment may include adding to a relevant Schedule a description of the land removed by the adjustment from the description of land in another relevant Schedule.
(3) An adjustment of the description of land is to be made by the Director-General of the Department of Environment, Climate Change and Water by a notice published on the NSW legislation website that amends a relevant Schedule.
(4) A notice under this section may be published only with the approval of:
(a) the NPW Minister, and
(b) to the extent that the notice applies to a Crown road—the Minister administering the Crown Land Management Act 2016, 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, Climate Change and Water is required to certify in any notice under this section that the adjustments effected by the notice will not result in any significant reduction in the size or value of national park estate land or State forest land.
(6) An adjustment of the description of land may only be made before:
(a) 1 July 2012, except as provided by paragraph (b) or (c), or
(b) 1 July 2015, in the case of an adjustment of the description of land in Schedule 3 or 4, or of the boundary of land adjoining a public road, or
(c) 1 July 2017, in the case of an adjustment of the description of land in Schedule 6.
(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, Climate Change and Water may, in a notice published under this section for the purpose of adjusting the boundary of land adjoining a public road, declare that:
(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:
appropriate setback, in relation to a carriageway of a road, includes a setback that allows for drainage, signposts, traffic control devices, lighting and other supporting infrastructure for the road.
classified road and public road have the same meanings as they have 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 vested in the NPW Minister for the purposes of Part 11 of the National Parks and Wildlife Act 1974.
s 13: Am 2017 No 17, Sch 4.62 [7].
Part 3 Forestry operations on land remaining as State forest
Part 3 Forestry operations on land remaining as State forest
Part 3 Forestry operations on land remaining as State forest
14 Definitions
14 Definitions
14 Definitions
(1) In this Part:
Crown-timber lands has the same meaning as it has in the [Forestry Act 1916](/view/html/repealed/current/act-1916-
This is an opening excerpt, not the complete document.