Brigalow and Nandewar Community
Conservation Area Bill 2005

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The objects of this Bill are:

(a) to reserve forested land in the Brigalow and Nandewar area to create a
Community Conservation Area that provides for permanent conservation of
land, protection of areas of natural and cultural heritage significance to
Aboriginal people and sustainable forestry, mining and other appropriate uses,
and

(b) to give local communities a strong involvement in the management of that
land.

For that purpose, the Bill:

(a) transfers certain lands to the national park estate in the Brigalow and
Nandewar area, and

(b) establishes a Community Conservation Area in respect of certain of those
transferred lands and certain State forests in the area, and

(c) establishes a Community Conservation Council and Community Conservation
Advisory Committees in respect of those lands, and

(d) provides for the preparation by the Community Conservation Council of a
Community Conservation Agreement in respect of the Community
Conservation Area, containing principles for the management of land in the
Area, and

(e) enables payments to be made to the Consolidated Fund from the
Environmental Trust Fund, established under the Environmental Trust Act
1998, to offset payments from the Consolidated Fund for the purpose of
implementing forestry restructure and assistance programs and schemes in the
Brigalow and Nandewar and adjacent regions, and

(f) expands the range of matters for which funds can be provided, on a State wide
basis, by the Environmental Trust from the Environmental Trust Fund, and

(g) abolishes the Waste Fund established under the Waste Avoidance and
Resource Recovery Act 2001 and requires the money from that fund to be
transferred to the Environmental Trust Fund.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of most of the proposed Act on
1 December 2005. Amendments to other Acts to give effect to the objects referred to
in paragraphs (e)–(g) of the Overview are to commence on 1 July 2005.

Clause 3 sets out the objects of the proposed Act.

Clause 4 defines certain words and expressions used in the proposed Act, including
Community Conservation Area, which is described in the map appearing at the end
of the clause.

Part 2 The Community Conservation Area
Clauses 5–7 reserve certain lands as national park, which comprise the conservation
and recreation zone of the Community Conservation Area (Zone 1). The lands
concerned are revoked State forests, and Crown land and land vested in the Minister
for the Environment for the purposes of Part 11 of the National Parks and WIldlife
Act 1974. The lands concerned are set out in Schedule 1.

Clause 8 reserves certain lands in revoked State forests as Aboriginal area, which
comprise the conservation and Aboriginal culture zone of the Community
Conservation Area (Zone 2). The lands concerned are set out in Schedule 2.

Clauses 9 and 10 reserve certain lands as state conservation area, which comprise
the forestry, recreation and mineral extraction zone of the Community Conservation
Area (Zone 3). The lands concerned are revoked State forests, and Crown land, and
are set out in Schedule 3.

Clause 11 identifies land within the forestry, recreation and mineral extraction zone
of the Community Conservation Area (Zone 4). The lands concerned are State
forests and are set out in Schedule 4.

Clause 12 vests certain lands in revoked State forests in the Minister for the
Environment for the purposes of Part 11 of the National Parks and Wildlife Act 1974.

The lands concerned are set out in Schedule 5.

Clause 13 reserves certain lands as part of existing national parks. The lands
concerned are set out in Schedule 6.

Clause 14 reserves certain Crown land as part of existing nature parks or nature
reserves. The lands concerned are set out in Schedule 7.

Clause 15 reserves certain land vested in the Minister for the Environment for the
purposes of Part 11 of the National Parks and WIldlife Act 1974 as part of existing
or as new national park or nature reserve. The lands concerned are set out in
Schedule 8.

Clause 16 provides for the expansion of the zones in the Community Conservation
Area from time to time. In particular, it enables the Governor by proclamation to do
so by adding descriptions of reserved land to Zones 1–3 in Schedules 1–3, and State
forest land to Zone 4 in Schedule 4.

Clause 17 provides for land in any zone of the Community Conservation Area to
cease being in that zone on the revocation of its reservation under the National Parks
and Wildlife Act 1974 or its dedication as a State forest (as the case may be).

Clause 18 prevents official proposals for wilderness areas and the declaration of
wilderness areas over any land in the Community Conservation Area.

Clause 19 provides that land in Zone 1, 2 or 3 of the Community Conservation Area
is not eligible to be officially proposed for listing in Schedule 14 to the National
Parks and Wildlife Act 1974 (Lands of cultural significance to Aboriginals).

Clause 20 revokes the dedication as State forest of lands that are to be reserved as
national park, Aboriginal area or state conservation area, or vested in the Minister for
the Environment for the purposes of Part 11 of the National Parks and WIldlife Act
1974.

Clause 21 revokes timber reserves in Crown land that is reserved as national park,
state conservation area or nature reserve.

Clause 22 enables the Director-General of the Department of Environment and
Conservation to adjust the descriptions of land in Schedule 1, 2 or 3, or 5–8, in order
to alter the boundaries of the land for the purposes of the more effective management
of national park estate land and State forest land and to adjust boundaries to public
roads (so long as the adjustment will not result in any significant reduction in the size
or value of any such land). Adjustments are also authorised in connection with
easements and to provide a more detailed description of land.

Clause 23 gives effect to Schedule 9, which contains ancillary and special provisions
with respect to the land transfers under this Part.

Part 3 Community Conservation Council and
Advisory Committees
Clauses 24–26 provide for the establishment, membership and procedure, and
functions of the Brigalow and Nandewar Community Conservation Council.

The membership of the Council, as provided in clause 25, is to comprise the
Director-Generals of the Premier’s Department (who is to be the Chairperson of the
Council), the Department of Environment and Conservation, the Department of
Primary Industries and the Department of Infrastructure, Planning and Natural
Resources.

The functions of the Council, set out in clause 26, are to develop a Community
Conservation Area Agreement and to implement, or co-ordinate the implementation
of, and monitor the achievements of, government policy objectives in respect of the
Community Conservation Area.

Clauses 27–29 provide for the establishment, membership and procedure, and
functions of the following Community Conservation Advisory Committees:

(a) the Border Rivers/Gwydir Community Conservation Advisory Committee,

(b) the Namoi Community Conservation Advisory Committee,

(c) the Central West Community Conservation Advisory Committee.

The membership of each of the committees, as provided in clause 28, is to comprise
13 members appointed by the Minister for the Environment and the Minister for
Primary Industries. The members are to include the Chairperson of the relevant
Catchment Management Authority, a member of the relevant National Parks and
Wildlife Regional Advisory Committee and persons representing the interests of
local government, the forestry, mining and apiary industries, Aboriginal people and
local environmental groups.

The function of a Community Conservation Advisory Committee, as set out in
clause 29, is to advise the Community Conservation Council on the provisions of the
Community Conservation Area Agreement applicable to the relevant area for which
the Committee is constituted.

Part 4 Community Conservation Area Agreement
Clauses 30–33 provide for the making and content of a Community Conservation
Area Agreement, relating to the management of land in the Community Conservation
Area. The Community Conservation Council is to develop the Agreement in
consultation with the Advisory Committees (clause 30) and the Minister for the
Environment, Minister for Primary Industries and Minister for Natural Resources are
required to approve it (clause 31).

The Agreement may contain principles for the management of national parks,
Aboriginal areas and state conservation areas in the Community Conservation Area,
and the integrated forestry operations approval for the carrying out of forestry
operations in the State forests comprising Zone 4 of the Area (clause 32).

Clause 34 requires a plan of management under the National Parks and Wildlife Act
1974 for the national parks, Aboriginal areas and state conservation areas in the
Community Conservation Area to be prepared having regard to the management
principles set out in the Agreement.

Clause 35 provides for the review of the Agreement every 7 years.

Part 5 Miscellaneous
Clause 36 provides that the proposed Act binds the Crown.

Clause 37 enables the Governor the make regulations for the purposes of the
proposed Act.

Clause 38 is a formal provision that gives effect to the amendments to other Acts as
set out in Schedule 12.

Clause 39 provides for the review of the proposed Act in 5 years.

Schedule 1 Zone 1—Conservation and recreation
This Schedule sets out land comprising Zone 1 of the Community Conservation
Area. The land concerned is reserved as national park by the proposed Act.

Schedule 2 Zone 2—Conservation and Aboriginal
culture
This Schedule sets out land comprising Zone 2 of the Community Conservation
Area. The land concerned is reserved as Aboriginal area by the proposed Act.

Schedule 3 Zone 3—Conservation, recreation and
mineral extraction
This Schedule sets out land comprising Zone 3 of the Community Conservation
Area. The land concerned is reserved as state conservation area by the proposed Act.

Schedule 4 Zone 4—Forestry, recreation and mineral
extraction
This Schedule sets out land comprising Zone 4 of the Community Conservation
Area. The land concerned is State forest.

Schedule 5 State forest vested in NPW Minister
This Schedule sets out land (being land whose dedication as State forest is revoked)
that is vested in the Minister for the Environment for the purposes of Part 11 of the
National Parks and Wildlife Act 1974.

Schedule 6 State forests added to existing national
parks
This Schedule sets out land (being land whose dedication as State forest is revoked)
that is reserved as part of existing national parks, but not as part of a zone to which
the proposed Act applies.

Schedule 7 Crown lands added to existing national
parks and nature reserves
This Schedule sets out Crown land that is added to existing national parks and nature
reserves, but not as part of a zone to which the proposed Act applies.

Schedule 8 NPW Minister land reserved as national
park or nature reserve
This Schedule sets out land (being land vested in the Minister for the Environment
for the purposes of Part 11 of the National Parks and Wildlife Act 1974) that is
reserved as, or as part of, national park or nature reserve, but not as part of a zone to
which the proposed Act applies.

Schedule 9 Land transfers—ancillary and special
provisions
This Schedule makes ancillary and special provisions with respect to land transferred
under the proposed Act.

Schedule 10 Provisions relating to members and
procedure of Council
This Schedule contains provisions with respect to the members and procedure of the
Community Conservation Council.

Schedule 11 Provisions relating to members and
procedure of Advisory Committees
This Schedule contains provisions with respect to the members and procedure of
Community Conservation Advisory Committees.

Schedule 12 Amendment of other Acts
Schedule 12.3 amends the Forestry Restructuring and Nature Conservation Act
1995 to enable payments to be made to the Consolidated Fund from the
Environmental Trust Fund, established under the Environmental Trust Act 1998, to
offset expenditure from the Consolidated Fund for the purpose of implementing
forestry restructure and assistance programs and schemes in the Brigalow and
Nandewar and adjacent areas.

Schedule 12.1 amends the Environmental Trust Act 1998 to enable the
Environmental Trust to fund the following across the State:

(a) the declaration of areas for marine parks and for related purposes, and

(b) waste avoidance, resource recovery and waste management (including
funding enforcement and regulation), and

(c) environmental community groups, and

(d) the purchase of water entitlements for the purposes of increasing
environmental flows for the State’s rivers and restoring or rehabilitating major
wetlands.

Schedule 12.6 amends the Waste Avoidance and Resource Recovery Act 2001 to
abolish the Waste Fund, transfer money from that fund to the Environmental Trust
Fund and make amendments consequential on the abolition of the Waste Fund.

Schedule 12.2 amends the Forestry and National Park Estate Act 1998 to:

(a) update references to Ministers to reflect current administrative arrangements
(as set out in the Public Sector Employment and Management (Department of
Primary Industries) Order 2004, and

(b) remove the requirement for a forest agreement to be prepared under the
Forestry and National Park Estate Act 1998 before an integrated forestry
operations approval can be prepared under that Act in respect of the
Community Conservation Area.

Schedule 12.4 amends the National Parks and Wildlife Act 1974 to remove any
functions that a regional advisory committee under that Act has in respect of the
Community Conservation Area and make amendments consequential on the removal
of those functions.

Schedule 12.4 contains amendments consequential on clause 19 of the proposed Act,
which makes land in Zone 1, 2 or 3 of the Community Conservation Area ineligible
to be proposed for listing in Schedule 14 to the National Parks and Wildlife Act 1974
(Lands of cultural significance to Aboriginals). It also contains amendments
consequential on clause 34 of the proposed Act.

Schedule 12.5 amends the Native Title (New South Wales) Act 1994 to preserve
native title rights and interests in respect of a reservation or vesting of land or waters
by the operation of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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