15Adjustment of description of land transferred to national park estate

15 Adjustment of description of land transferred to national park estate

15 Adjustment of description of land transferred to national park estate

(1) The description of any land in Schedules 1–6 (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 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 relates to a State forest—the Minister administering the Forestry Act 1916, and

(c) to the extent that the notice applies to Crown land or a Crown road—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, 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 be made only before:

(a) 1 January 2013, except as provided by paragraphs (b)–(d), or

(b) 1 January 2014, in the case of an adjustment of the description of land in item 1 or 2 of Schedule 2 or of the boundary of any land adjoining a public road (other than the boundary of any land described in item 3 or 4 of Schedule 2), or

(c) 1 January 2016, in the case of an adjustment of the description of land in item 3 of Schedule 2 or of the boundary of any such land adjoining a public road, or

(d) 1 January 2017, in the case of an adjustment of the description of land in item 4 of Schedule 2 or of the boundary of any such 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, 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 15: Am 2011 No 55, Sch 2 [5]; 2017 No 17, Sch 4.63 [6].