NSWIn ForceAct
Wilderness Act 1987
8Declaration of wilderness areas
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#### 8 Declaration of wilderness areas
8 Declaration of wilderness areas
> > (1) The Minister shall, by notification published in the Gazette, declare an area of land (which may, but need not, be restricted to land that is wholly or predominantly subterranean land):
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> > > (a) subject to a wilderness protection agreement, or
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> > > (b) subject to a conservation agreement referred to in section 16,
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> > to be a wilderness area.
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> > (1A) The Minister may, by notification published in the Gazette, declare any lands reserved or dedicated under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) to be a wilderness area.
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> > (1B) The Minister may not declare lands referred to in subsection (1A) to be a wilderness area unless the Director-General has identified those lands as wilderness in accordance with this Act.
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> > (2) A notification under subsection (1) shall be published not later than 28 days after the agreement takes effect or at such later time as may be provided by the agreement.
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> > (3) A declaration relating to an area of land subject to a wilderness protection agreement may be varied by a further notification published in the Gazette but shall not be revoked except by an Act of Parliament.
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> > (4) A declaration relating to a conservation area may be varied or revoked by a further notification published in the Gazette and a copy of any notification revoking such a declaration shall be laid before each House of Parliament within the prescribed time after its publication.
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> > (4A) A declaration under subsection (1A) may be varied by a further notification by the Minister published in the Gazette but must not be revoked except by an Act of Parliament.
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> > (5) A declaration under this section does not, except as otherwise provided by any agreement under this Act, affect any existing interest in the area of land subject to the declaration.
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> > (6) In this section:
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> > interest means any authority, authorisation, permit, lease, licence or occupancy, whether or not arising under an Act.
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> **s 8:** Am 1988 No 20, Sch 20; 1990 No 108 Sch 1; 1991 No 55, Sch 2 (2); 2009 No 56, Sch 2.77 \[2\].