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.