10Adjustment 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 Schedules 1–6 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. > > > (3) An adjustment of the description of land is to be made by the Director-General of National Parks and Wildlife by a notice published on the NSW legislation website that amends Schedules 1–6. > > > (4) A notice under this section may only be published with the approval of: > > > > > (a) the Minister administering the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), and > > > > > (b) the Minister administering the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), and > > > > > (c) to the extent that the notice applies to any Crown land (other than land reserved or dedicated under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or the [Forestry Act 1916](/view/html/repealed/current/act-1916-055))—the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), and > > > > > (c1) to the extent that the notice applies to a Crown road—the Minister administering the provisions of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) relating to Crown roads, and > > > > > (d) to the extent that the notice applies to a classified road—the Minister administering the provisions of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) relating to classified roads. > > > (5) The Director-General of National Parks and Wildlife 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) 31 March 2001, except as provided by paragraph (b) or (c), or > > > > > (b) in the case of an adjustment of the description of any land in or to be included in Schedule 5—31 December 2005, or > > > > > (c) in the case of an adjustment of the boundary of land adjoining a public road—31 December 2007. > > > (7) If any of the land described in Schedules 1–6 on the commencement of those Schedules 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 this Act or the relevant Schedule (except as provided by subsection (9)). > > > (8) If land included in the adjusted description of the land includes any land not described in Schedules 1–6 on the commencement of those Schedules, the land concerned is taken to have been subject to this Act and the relevant Schedule on the commencement of this Act. > > > (9) The Director-General of National Parks and Wildlife 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 that public road and, accordingly, is vested in the roads authority for that public road under the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or is Crown land, and > > > > > (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 from the Crown and becomes part of the land subject to the relevant provisions of this Act applicable to the Schedule to this Act 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](/view/html/inforce/current/act-1993-033). > > > (10) For the purposes of this section: > > > > > (a) Crown road, public road or classified road means a Crown road, public road or classified road, respectively, within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), and > > > > > (b) land adjoining a public road includes land in the vicinity of a public road. > > > (11) Anything done before the commencement of the amendments to this section by the [National Parks and Wildlife Amendment Act 2010](/view/html/repealed/current/act-2010-038) that would have been validly done had those amendments been in force when it was done is validated. > > **s 10:** Am 2005 No 27, Sch 3 \[1\] \[2\]; 2009 No 56, Sch 4.44; 2010 No 38, Sch 3.10 \[1\]–\[5\]; 2017 No 17, Sch 2.15 \[5\].