- National Parks and Wildlife Act 1974 No 80
- Status information
- Long title
- Part 1 Preliminary
- Part 2 Administration
- Part 3 Council and committees
- Part 4 Reservation of land
- Division 1 Reservation of land
- 30A Governor may reserve certain land
- 30B Land that may be reserved under this Division
- 30C Limitations on reservation of land as national park, historic site regional park, karst conservation reserve, nature reserve or Aboriginal area
- 30D Limitation on reservation of land as state conservation area
- Division 2 Management principles
- Division 3 National parks and historic sites
- 31 Care, control and management of parks and sites
- 32 (Repealed)
- 33 Reservation of parks and sites
- 34 (Repealed)
- 35 Tabling of notice of reservation, and disallowance
- 36 (Repealed)
- 37 Revocation or compulsory acquisition of park or site
- 38 Limitation on use of name “national park”
- 39 Existing interests
- 40 Restrictions on disposal of or dealing with lands within parks or sites
- 41 Mining
- 42 Application of Forestry Act 2012
- 43 Application of Soil Conservation Act 1938
- 44 Application of Fisheries Management Act 1994
- 45 Provisions respecting animals in parks and sites
- 46 Transfer of rights, liabilities and property
- 47 (Repealed)
- Division 4 State conservation areas
- 47A Definition
- 47B Reservation of state conservation areas
- 47BA (Repealed)
- 47C Care, control and management of state conservation areas reserved under Part 4A
- 47D Tabling of notification of reservation, and disallowance
- 47E, 47F (Repealed)
- 47G Limitation on use of expression “state conservation area”
- 47GA State conservation area trusts for certain state conservation areas
- 47GB State conservation area trust boards
- 47GC (Repealed)
- 47GD Reports by state conservation area trusts
- 47GE Inspection of state conservation area trust
- 47GF Removal of trust board members and appointment of administrator
- 47GG Dissolution of state conservation area trusts
- 47H Existing interests
- 47I Restrictions on dealing with land in state conservation areas
- 47J Provisions relating to mining
- 47K Application of certain other provisions
- 47L Revocation or compulsory acquisition of state conservation areas
- 47M Review of classification as state conservation area
- 47MA Reservation of land in state conservation area as national park or nature reserve
- 47N Special provisions relating to certain state recreation areas
- Division 5 Regional parks
- 47O Reservation of regional parks
- 47OA Care, control and management of regional parks reserved under Part 4A
- 47P Name of regional park and limitation on use of term “regional park”
- 47Q (Repealed)
- 47R Tabling of notice of reservation, and disallowance
- 47S Regional park trusts
- 47T Regional park trust boards
- 47U (Repealed)
- 47V Reports
- 47W Inspection and audit
- 47X Removal of trust board members or local council and appointment of administrator
- 47Y Dissolution of regional park trusts and revocation of nomination of local councils
- 47Z Restrictions on dealing with land within regional parks
- 47ZA Application of certain provisions to regional parks
- 47ZB Revocation of regional park
- Division 6 Nature reserves
- 48 Care, control and management of nature reserves
- 49 Reservation of nature reserves
- 50, 51 (Repealed)
- 52 Revocation or compulsory acquisition of nature reserve
- 53 Restrictions on disposal of or dealing with lands within nature reserves
- 54 Mining
- 55 Application of Forestry Act 2012
- 56 Provisions respecting animals in nature reserves
- 57 Restrictions as to timber, vegetation, plants etc in nature reserves
- 58 Application of certain provisions to nature reserves
- 58A–58J (Repealed)
- Division 7 Karst conservation reserves
- 58K Reservation of karst conservation reserves
- 58L (Repealed)
- 58M Revocation or compulsory acquisition of karst conservation reserve
- 58N Restriction on disposal of or dealing with lands within karst conservation reserves
- 58O Mining
- 58P Application of Forestry Act 2012
- 58Q Provisions respecting animals in karst conservation reserves
- 58R Restrictions as to timber, vegetation, plants etc in karst conservation reserves
- 58S Application of certain provisions to karst conservation reserves
- Division 8
- Division 9 Wild rivers
- Division 10 Aboriginal areas
- Division 11 Wildlife refuges
- Division 12 Conservation agreements
- 69A Definitions
- 69B Conservation agreements
- 69C Purpose and content of agreements
- 69D Duration and variation of agreements
- 69E Agreements to run with land
- 69F Registration of agreements
- 69G Enforcement of agreements
- 69H Register of agreements
- 69I Proposals by statutory authorities affecting conservation areas
- 69J Resolution of certain disputes
- 69K Exhibition of proposed agreements
- 69KA Application of Environmental Planning and Assessment Act 1979
- Division 13 Offences relating to wildlife refuges and conservation areas
- Part 4A Aboriginal land
- Division 1 Preliminary
- Division 2 Negotiations for lease
- 71E Application of Division
- 71F Purpose of negotiations
- 71G Selection of representatives for negotiations before Aboriginal owners identified
- 71H Selection of representatives for negotiations after Aboriginal owners identified
- 71I Role of Aboriginal negotiating panel
- 71J Minister may negotiate with Aboriginal negotiating panel and Aboriginal Land Councils
- 71K Referral of disagreements between Aboriginal negotiating panel and Aboriginal Land Councils to mediation
- 71L Preference to vesting in Local Aboriginal Land Council—Schedule 14 lands
- Division 3 Vesting and reservation of Schedule 14 lands
- 71M Application of Division
- 71N Tabling of proposal if change of land classification involved
- 71O Vesting and reservation of Schedule 14 lands
- 71P Effect of publication of proclamation
- 71Q Certain other consequences of publication of proclamation
- 71R Certain provisions not to apply to lands reserved under this Division
- 71S Application of certain provisions to lands reserved under this Division
- 71T (Repealed)
- 71U Name of Schedule 14 lands
- 71V No consideration payable by Aboriginal Land Council on vesting of lands
- 71W Reservation of part only of Schedule 14 lands
- Division 4 Reservation or dedication of ALR Act lands
- Division 5 Provisions as to leases
- 71AC Application of Division
- 71AD Matters to be covered in lease between Aboriginal Land Council and Minister
- 71AE Rent payable under lease
- 71AF Dating of lease
- 71AG Registrar-General to enter particulars of vesting and lease in register
- 71AH Regular review of lease required
- 71AI Re-negotiation of lease before expiry of lease term
- 71AJ Dating and registration of re-negotiated lease
- 71AK Variation of lease
- 71AL Holding over under lease
- Division 6 Boards of management
- Division 7 Addition of lands to Schedule 14
- Division 8 Addition of lands to Schedule 14 lands or ALR Act lands leased under Part
- 71AX Application of Division
- 71AY Definition of “area”
- 71AZ Additions may be made to reserved lands leased under Part
- 71BA Addition of lands already reserved under Act
- 71BB Tabling of proclamation to add lands if change of land classification involved
- 71BC Addition of lands not already reserved under Act
- 71BD Application of certain provisions to additional lands
- 71BE Review of lease after addition of lands
- Division 9 Miscellaneous
- 71BF Application of Division
- 71BFA Aboriginal Land Council may create and deal with carbon sequestration rights
- 71BG Aboriginal Land Councils to act with agreement of Aboriginal owner board members
- 71BH Regard to be had to interests of Aboriginal owners
- 71BI Land management activities subject to native title
- 71BJ Arbitration of disputes
- 71BK Dissolution of Local Aboriginal Land Council
- 71BL Status of leased lands and board of management
- 71BM Omission of land from Schedule 14
- 71BN Review of Part
- Part 5 Plans of management
- 71BO Definitions
- 72 Preparation of plans of management
- 72AA Matters to consider in preparing plans of management
- 72AB Content of plans of management
- 72A Plans of management for combined areas and areas adjoining State borders
- 73 State forests
- 73A Public exhibition and consultation for plans of management
- 73B Adoption, amendment and cancellation of plans of management
- 74 Catchment areas and special areas—generally
- 75 Special areas under the Hunter Water Act 1991 —joint preparation and approval of plans of management
- 75A–79 (Repealed)
- 79A Lapsing of plans of management
- 80 Plans of management affecting fisheries and marine estates
- 81 Operations under plan of management
- 81A Leases, licences and easements subject to plan of management
- 82 Concurrence of Forestry Corporation
- Part 5A Minister may create and deal with carbon sequestration rights
- Part 6 Aboriginal objects and Aboriginal places
- Division 1 General
- 83 Certain Aboriginal objects to be Crown property
- 84 Aboriginal places
- 85 Secretary’s responsibilities as to Aboriginal objects and Aboriginal places
- 85A Transfer of Aboriginal objects
- 86 Harming or desecrating Aboriginal objects and Aboriginal places
- 87 Defences
- 87A Exemptions for certain activities
- 87B Exemption for traditional Aboriginal cultural activities
- 88 Australian Museum Trust to have custody of certain Aboriginal objects
- 89 Preservation or exhibition of certain Aboriginal objects
- 89A Notification of sites of Aboriginal objects
- Division 2 Aboriginal heritage impact permits
- 90 Aboriginal heritage impact permits
- 90A Application for issue of permit
- 90B Application for transfer of permit
- 90C Grant or refusal of application
- 90D Variation of permits
- 90E Restrictions on making applications to transfer permits
- 90F Requirement for further information
- 90G Suspension or revocation of permit
- 90H Surrender of permit
- 90I Conditions of suspension, revocation or surrender
- 90J Failure to comply with conditions
- 90K Factors to be considered in making determinations regarding permits
- 90L Appeals
- 90M Date from which decision operates
- 90N Regulations relating to consultation
- 90O Interaction between permits and stop work and interim protection orders
- 90P Validity of permits
- 90Q Aboriginal Heritage Information Management System
- 90R Certain Aboriginal heritage impact permit conditions to run with the land
- 91 (Renumbered as section 89A)
- Part 6A Stop work orders, interim protection orders and remediation directions
- Division 1 Stop work orders
- Division 2 Interim protection orders
- 91A Interim protection of areas having significant values
- 91B Interim protection orders
- 91C Notice of intention to make order not required
- 91D Duration of interim protection order
- 91E Revocation of interim protection order
- 91F Notice of making of interim protection order
- 91G Failure to comply with interim protection order
- 91H Appeal against order
- 91I Register of orders
- Division 3 Remediation directions
- 91IA Cessation of operation of Division
- 91J Definitions
- 91K Directions for remedial work relating to damage to land, habitat and plants and animals
- 91L Directions for remedial work relating to harm to Aboriginal objects and places
- 91M Persons to whom directions may be given
- 91N Other ancillary actions that may be directed to be carried out
- 91O Other person may carry out remediation work if failure to comply with direction
- 91P Entry to land to carry out direction
- 91Q Failure to comply with remediation direction
- 91R Delay or obstruction of remediation direction
- 91S Recovery by person given notice
- 91T Appeals under this Division
- Part 7 National Parks and Wildlife Conservation Trust
- Parts 8, 9
- Part 10 Finance
- 137 National Parks and Wildlife Fund
- 138 Payments into Fund
- 139 Payments out of Fund
- 140 Community service contribution
- 141 Payment of rates to Local Land Services in Western Division
- 142 Royalty
- 143 Charges and fees
- 144 (Repealed)
- 144A Overdue community service contributions, charges, fees and other money
- 144B Annual reporting information for Service
- Part 11 Acquisition and disposal of property
- Part 12 Leases, licences, easements etc
- Division 1 Preliminary
- Division 2 Granting of leases and licences
- 151 Leases and licences of reserved lands
- 151A Purposes for which a lease or licence may be granted
- 151AA (Repealed)
- 151B Matters that Minister must consider before granting lease or licence
- 151C Leases and licences subject to conditions
- 151D Special provisions relating to leases and licences of karst conservation reserves
- 151E Special provisions relating to leases and licences of Aboriginal land
- Division 3 Miscellaneous
- 151F Public consultation regarding grant of leases and licences
- 151G Reference of certain proposed leases and licences for advice
- 151H New head leases for certain lands
- 151I Restrictions on grant of lease for residential accommodation
- 151J Register of certain interests to be publicly available
- 152 Trade within certain reserved lands
- 153 Easements
- 153A Leases etc relating to wilderness areas
- 153B Granting of interests in respect of reserved or dedicated lands that are also water catchment special areas
- 153C Easements, rights of way and licences for landlocked areas
- 153D Leases, licences and easements for broadcasting or telecommunications facilities
- 153E Easements to repair and maintain the Border Fence
- Part 12A Assets of intergenerational significance
- Part 13 Regulations
- Part 14 Miscellaneous
- 156A Offence of damaging reserved land
- 156B Powers of authorised officers
- 156C Personal liability of statutory officers and other officials
- 157 Requirement to state name and address
- 158 Requirement for owner of motor vehicle and others to give information
- 159 Liability of vehicle owner for parking offences
- 159A Liability of landholder for certain harming and picking offences
- 159B Causing or permitting certain harming and picking offences
- 160 (Renumbered as sec 192)
- 160A Removal of unauthorised structures and occupiers
- 160B Forfeiture of unauthorised structures and their contents
- 160C Cost of removing structures and contents
- 160D Notice to state interest in structure or contents
- 160E Notice to remove structure
- 160F Notice prohibiting use of structure
- 161 Restriction on release of certain information
- 161A–162 (Repealed)
- 163 Application of Companion Animals Act 1998
- 163A (Repealed)
- 163B Application of certain Acts
- 164 Powers of entry and seizure
- 165 Persons to deliver up fauna etc when required
- 166 Definition of “article” for secs 164 and 165
- 167 Disposal of fauna and perishable goods when seized or delivered up
- 168 Disposal of property seized or delivered up
- 169 Offences for impersonating, assaulting or obstructing officers
- 170 Corruption
- 171 Authority to harm or pick
- 172 Police officers
- 173 (Repealed)
- 174 Service of notices
- 175 General offence and penalties
- 175A Offences by directors or managers of corporations
- 175B Liability of directors etc for offences by corporation—offences attracting executive liability
- 175C Evidence as to state of mind of corporation
- 176 (Renumbered as sec 189)
- 176A (Renumbered as sec 193)
- 176B Ancillary offences
- 176C Liability of directors etc for offences by corporation—accessory to the commission of the offences
- 177 (Repealed)
- 178 Recovery of charges
- 179 (Renumbered as sec 191)
- 180 Continuance of authority
- 181 (Renumbered as sec 197)
- 182 Morton National Park
- 183 Macquarie Pass National Park
- 184 Bouddi National Park
- 184A TfNSW roads within Kosciuszko National Park
- 185 Catchment areas and special areas
- 185A Special areas under the Hunter Water Act 1991
- 186 Requirement for examination
- 187 Administration of existing interests in reserved land
- 188 Administration of existing telecommunications interests
- 188A General exemption for officers enforcing the Act or the regulations
- 188B Non-application of section 138 of Roads Act 1993
- 188C Adjustment of boundaries of reserved and acquired lands
- 188D Provisions relating to certain existing access roads on National Park Estate lands
- 188E Continuing effect of notices, directions and conditions of licences and permits
- 188F Public register
- 188G Public availability of register
- 188H (Repealed)
- Part 15 Criminal and other proceedings
- Division 1 Proceedings for offences generally
- Division 2 General provisions
- 192 Penalty notice for certain offences
- 193 Restraint etc of breaches of Act or regulations
- 194 Sentencing—matters to be considered in imposing penalty
- 195 Continuing offences
- 196 Onus of proof of reasonable excuse or lawful excuse
- 197 Evidentiary provisions etc
- 197A Approved cameras—offences relating to vehicles entering or using park
- 197B Information obtained by approved cameras
- Division 3 Court orders in connection with offences
- 198 Operation of Division
- 199 Orders generally
- 200 Orders for restoration and prevention
- 201 Orders for costs, expenses and compensation at time offence proved
- 202 Recovery of costs, expenses and compensation after offence proved
- 203 Orders regarding costs and expenses of investigation
- 204 Orders regarding monetary benefits
- 205 Additional orders
- 206 Offence
- Schedule 1 Recategorisation of reserved land
- Schedule 1A Reservation of land
- Schedule 2 Revocation of reservation or dedication of certain land
- Schedule 3 Savings, transitional and other provisions
- Schedule 4 Karst Management Advisory Committee
- Schedules 5–6 (Repealed)
- Schedule 7 The Council
- Schedule 8 Regional advisory committees
- Schedules 8A, 8B (Repealed)
- Schedule 9 The Aboriginal Cultural Heritage Advisory Committee
- Schedule 9A Transfer of assets, rights and liabilities
- Schedule 10 Provisions relating to trust boards
- Schedules 11–13 (Repealed)
- Schedule 14 Lands of cultural significance to Aboriginal persons
- Schedule 14A Boards of management established under Part 4A
- Schedule 15 Leases in respect of which head leases may be granted
- Schedule 16 Land vested in Transport for NSW
- Historical notes
National Parks and Wildlife Act 1974 No 80
Current
version
for 9 August 2024
to date
(accessed 19 September 2024 at 12:04)
Status information
Currency of version
Current
version
for 9 August 2024
to date
(accessed 19 September 2024 at 12:04)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
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Historical Notes
Responsible Minister
Minister for Climate Change, jointly with the Minister for the Environment
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.