139Payments out of Fund

#### 139 Payments out of Fund 139 Payments out of Fund > > (1) No money shall be paid out of the Fund except under the authority of this Act or in accordance with section 52 (2) (b) of the [Fire and Rescue NSW Act 1989](/view/html/inforce/current/act-1989-192). > > > (2) There may be paid out of the Fund— > > > > > (a) all charges, costs and expenses incurred by the Minister or the Secretary in exercising and performing the Minister’s or the Secretary’s powers, authorities, duties and functions under 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Act 1987](/view/html/inforce/current/act-1987-196) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), except those incurred under the biodiversity certification scheme and the biobanking scheme, > > > > > (b) all money allocated by the Minister for expenditure by a state conservation area trust in connection with a state conservation area or by a regional park trust in connection with a regional park, > > > > > (b1) all charges, costs and expenses incurred by the National Parks and Wildlife Reserve Trust in exercising its functions in relation to land for which it is the Crown land manager, > > > > > (c) the fees and travelling and other expenses payable to the members of the Council or any committee under 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Act 1987](/view/html/inforce/current/act-1987-196) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (d) the cost of acquiring land for the purposes 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Act 1987](/view/html/inforce/current/act-1987-196) or the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), > > > > > (e) the cost of improvement of any land adjoining or in the vicinity of a national park, historic site, regional park, nature reserve, karst conservation reserve, Aboriginal area or state conservation area, where in the opinion of the Minister this is desirable to provide or improve access to the park, site, reserve or area, or to provide or improve facilities or amenities for persons visiting the park, site, reserve or area, > > > > > (f) all money which the Minister directs shall be set aside to provide a reserve for insurance, > > > > > (g) all money allocated by the Minister for expenditure on Aboriginal areas, > > > > > (g1) the cost of the Minister creating and dealing with carbon sequestration rights in land acquired, reserved or dedicated under this Act, > > > > > (h) the cost of acquiring Aboriginal objects or land in which Aboriginal objects or Aboriginal places are situated, > > > > > (i) the cost of erecting and maintaining buildings or structures for the safe custody, storage or exhibition of any Aboriginal object, > > > > > (j) the cost of entering into, and giving effect to, agreements under sections 145 and 146, > > > > > (k) the cost of carrying out the purposes for which land is acquired or occupied under section 146, > > > > > (l) all costs incurred under sections 147 and 149 (except in relation to a dealing in land or other property, or an interest in property, the proceeds of which are payable into the Biodiversity Banking Account under Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101)), > > > > > (m1) charges, costs and expenses incurred in the administration of the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072), > > > > > (m2) the cost of 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), > > > > > (m3) charges, costs and expenses incurred by the Service in connection with cloud seeding operations authorised by the [Snowy Mountains Cloud Seeding Act 2004](/view/html/inforce/current/act-2004-019), > > > > > (m) all money allocated by the Minister for use in connection with a wildlife refuge or conservation area, > > > > > (n) all money to be paid to Local Land Services under section 141, and > > > > > (o) any other costs, charges, expenses, money or fees prescribed by the regulations. > > > (3) Any money set aside, as referred to in subsection (2) (f), may 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) Where— > > > > > (a) any lands are acquired under Part 11 out of money wholly or partly provided by Parliament, and > > > > > (b) those lands, or any part thereof, are sold under section 149, > > > > there shall be paid from the Fund to the Treasurer, out of the proceeds of the sale referred to in paragraph (b), such amount as the Treasurer may determine. > > > (5) Any money in a separate account kept under section 138 (1B) in respect of lands reserved or dedicated under Part 4A must be applied— > > > > > (a) for the management of the lands (including the preparation of a plan of management for the lands), and > > > > > (b) in accordance with the provisions of any plan of management for the lands. > > > (6) In this section— > > > > biobanking scheme means the provisions of Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101) and any regulations made for the purposes of that Part. > > > > 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 139:** Am 1980 No 80, Sch 1 (11); 1983 No 60, sec 2; 1983 No 183, Schs 2 (14), 3 (38); 1987 No 158, Sch 1 (17); 1991 No 55, Sch 1 (21); 1995 No 101, Sch 4 \[112\]; 1996 No 58, Sch 1 \[45\] \[46\]; 1996 No 142, Sch 1 \[40\]; 1997 No 55, Sch 1.15 \[2\]; 1997 No 64, Sch 4.3; 1997 No 147, Sch 2.18 \[2\]; 2001 No 92, Sch 1 \[3\]; 2001 No 130, Schs 1 \[73\] \[149\] \[160\] \[161\], 4 \[7\]; 2006 No 125, Sch 2.6 \[9\] \[10\]; 2008 No 112, Sch 6.20 \[2\]; 2009 No 84, Sch 1.2; 2010 No 39, Sch 2.4 \[2\] \[3\]; 2012 No 73, Sch 2.1 \[2\]; 2013 No 51, Sch 7.31 \[2\]; 2014 No 72, Sch 4.8 \[2\]; 2017 No 17, Sch 2.16 \[23\]; 2018 No 59, Sch 5.1; 2021 No 47, Sch 1.1\[19\]–\[21\].