What it does
The National Parks and Wildlife Act 1974 (NSW) (the Act) establishes the legal framework for the creation, management, and protection of reserved lands in New South Wales. Its core function is to identify, conserve, and manage areas of outstanding natural, cultural, and ecological value while providing for sustainable public appreciation and use. This is achieved through a tiered system of reservations, each with tailored management principles set out in Part 4, Division 2.
At its foundation, the Act declares its objects in s 2A: the conservation of nature (including habitats, biodiversity at community, species, and genetic levels, landforms, and wilderness), the conservation of cultural values (including Aboriginal significance, social value, and historic or scientific features), fostering public appreciation, and managing reserved lands according to their specific principles. These objects must be pursued by applying the principles of ecologically sustainable development (defined by reference to s 6(2) of the Protection of the Environment Administration Act 1991) and giving effect to the public interest in protecting reserved values (s 2A(3)).
The Act binds the Crown in all capacities (s 3) and repeals earlier legislation while preserving transitional arrangements (s 4 and Schedule 3). Central to its operation is the National Parks and Wildlife Service (the Service), constituted under s 6 as comprising the Secretary of the Department of Climate Change, Energy, the Environment and Water, the relevant departmental division, and personnel under arrangements made pursuant to s 11. The Secretary's functions (ss 7–8) include investigating proposals for new reservations, promoting education and research, managing reserved lands, protecting fauna and flora, and entering conservation agreements. The Service itself carries out works directed by the Minister (s 12), encompassing conservation, research, education, and sustainable visitor use.