138Payments into Fund

#### 138 Payments into Fund 138 Payments into Fund > > (1) There shall be paid into the Fund— > > > > > (a) all money provided by Parliament for the purposes of this Act (including money provided for the expenses incurred or likely to be incurred by boards of management in connection with the preparation of plans of management for, and the care, control and management of, lands reserved or dedicated under Part 4A), the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) (except any money provided by Parliament for the purposes of the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101)), > > > > > (a1) all money provided by Parliament for the management of any land for which the National Parks and Wildlife Reserve Trust is the Crown land manager, > > > > > (b) all money received in respect of— > > > > > > > (i) leases, licences, permits or occupancies within a national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve, Aboriginal area or land for which the National Parks and Wildlife Reserve Trust is the Crown land manager, > > > > > > > (ia) the creation of and dealing with carbon sequestration rights in land acquired, reserved or dedicated under this Act, > > > > > > > (ii) leases and licences granted under section 149 (4), > > > > > > > (iii) royalties, fees and charges under this Act or the regulations, the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196), the [Snowy Mountains Cloud Seeding Act 2004](/view/html/inforce/current/act-2004-019) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) or the regulations made under those Acts, except those that are required to be paid into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > > > (iiia) despite the provisions of any other Act, royalties, fees and charges in respect of land for which the National Parks and Wildlife Reserve Trust is the Crown land manager, > > > > > > > (iv) franchises granted under section 152, > > > > > > > (v) easements or rights of way granted under section 153, > > > > > > > (vi) community service contributions, > > > > > > > (vii) penalties recovered pursuant to this Act or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) or the regulations made under those Acts, or (despite the provisions of any other Act) under another Act in respect of land for which the National Parks and Wildlife Reserve Trust is the Crown land manager, except penalties recovered pursuant to Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) or the regulations under that Part, > > > > > > > (viii) property forfeited pursuant to this Act or the regulations, > > > > > > > (ix) costs paid pursuant to an order under section 176 (3), > > > > > > > (x) amounts paid pursuant to an order under section 177, and > > > > > > > (xi) policies of insurance under which money is paid to the Minister or the Secretary with respect to any national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, or any property in the custody or under the control of the Secretary, > > > > > (b1) all money received in respect of— > > > > > > > (i) rent paid by the Minister in respect of lands leased under Part 4A, and > > > > > > > (ii) matters of a kind referred to in paragraph (b) in respect of those lands, > > > > > (c) any money acquired by the Minister pursuant to section 148, except money required to be paid into the Biodiversity Banking Account under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (d) any money received by the Minister pursuant to section 149, except money required to be paid into the Biodiversity Banking Account under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (e) any other money received in connection with any national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area or any proposed national park, historic site, state conservation area, regional park, nature reserve, karst conservation reserve or Aboriginal area, > > > > > (e1) any money received from the Sydney Catchment Authority in connection with carrying out and giving effect to a plan of management adopted under the [Sydney Water Catchment Management Act 1998](/view/html/repealed/current/act-1998-171), > > > > > (e2) any money received by the Secretary or a board of management in connection with an order of a court under section 201, 203 or 204 of this Act or section 141J, 141L or 141M of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (f) any money received in connection with any wildlife refuge or conservation area, and > > > > > (g) any other money received in connection with the administration of this Act, the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), other than money received in the prescribed circumstances (if any) or money payable into the Biodiversity Banking Account or Biobanking Trust Fund under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101). > > > (1A) Within the Fund there is to be a separate account for each area of lands leased under Part 4A. > > > (1B) Subject to subsections (2) and (3), any money paid into the Fund, including rent paid by the Minister, in respect of an area of lands leased under Part 4A is to be carried into the separate account in the Fund that relates to that area. > > > (1C) Any money referred to in subsection (1B) may, pending its application in accordance with this Act, be invested by the Minister with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds. > > > (2) Where any money acquired by the Minister pursuant to section 148 is subject to any condition to which the Minister has agreed, the money shall be carried to a separate account in the Fund and shall be applied in accordance with the condition. > > > (3) Any money referred to in subsection (2) may, pending application in accordance with the condition so referred to, be invested by the Minister with the Treasurer or in any manner in which trustees are for the time being authorised to invest trust funds. > > > (4) A reference in subsection (1) (b) (i) or (e) to a regional park does not include a reference to a regional park that is, or is proposed to be, under the care, control and management of a local council. > > > (5) Money received in connection with the administration of the biodiversity certification scheme (including any fees paid under the scheme or any monetary contributions made for the purposes of the scheme) is not to be paid into the National Parks and Wildlife Fund. > > > (6) In this section— > > > > biodiversity certification scheme means— > > > > > (a) the provisions of Part 7AA of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and any regulations made for the purposes of that Part, and > > > > > (b) the provisions of Parts 7 and 8 of Schedule 7 to that Act (which relate to biodiversity certification of environmental planning instruments). > > **s 138:** Am 1980 No 80, Sch 1 (10); 1983 No 183, Schs 2 (13), 3 (37); 1986 No 218, Sch 28, Part 1 (8); 1987 No 158, Sch 1 (16); 1991 No 55, Sch 1 (20); 1995 No 101, Sch 4 \[110\] \[111\]; 1996 No 58, Sch 1 \[42\]–\[44\]; 1996 No 142, Sch 1 \[37\]–\[39\]; 1997 No 2, Sch 1 \[10\]; 2001 No 92, Sch 1 \[2\]; 2001 No 130, Schs 1 \[73\] (am 2002 No 112, Sch 2.12 \[1\]) \[149\] \[150\], 4 \[3\]–\[6\]; 2005 No 64, Sch 1.22 \[4\]; 2005 No 83, Sch 1 \[12\]; 2006 No 125, Sch 2.6 \[3\]–\[8\]; 2010 No 38, Sch 1 \[68\] \[69\]; 2010 No 39, Sch 2.4 \[1\]; 2010 No 41, Sch 1 \[15\]; 2012 No 73, Sch 2.1 \[1\]; 2017 No 17, Sch 2.16 \[22\]; 2021 No 47, Sch 1.1\[18\].