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Act No. 55
NATIONAL PARKS AND WILDLIFE (KARST
CONSERVATION) AMENDMENT BILL 1991 (No. 2)*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the National Parks and Wildlife Act 1974 ("the
1974 Act") to make provision for the protection of karst regions:
(a) within the existing system of reserved and dedicated lands under the 1974 Act;
or
(b) within a new classification of reserve to be called a karst conservation reserve;
or
(c) by means of conservation agreements.
A karst region is a limestone region with underground drainage or with caves and
decorative features such a stalagmites and stalactites.
s
Wilderness declarations under the 1974 Act, including wilderness declarations in
relation to subterranean lands, may also be employed to protect karst regions.
Appropriate consequential amendments to the 1974 Act are proposed.
Consequential amendments proposed by the Bill to the Wilderness Act 1987 make it
clear that a wilderness area may include or consist of subterranean lands and that such
lands may be the subject of a wilderness declaration under the Wilderness Act 1987.
Clause 1 specifies the short title of the proposed Act.
.
Clause 2 provides that the proposed Act commences on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the 1974 Act.
Clause 4 is a formal provision that gives effect to the Schedule of amendments to
the Wilderness Act 1987.
* Amended in committee--see table at end of volume.
Act No. 55
2
National Parks and Wildlife (Karst Conservation) Amendment 1991 (No. 2)
SCHEDULE 1--AMENDMENTS
Schedule 1 (1) provides definitions for the purposes of the Bill.
Schedule 1 (2)-(4) and (7)-(39) insert appropriate references to karst regions or to
proposed karst conservation reserves in provisions dealing with such matters as the
powers and functions of the Director of National Parks and Wildlife, the National Parks
and Wildlife Service and the National Parks and Wildlife Advisory Council, the
purposes and content of conservation agreements, the preparation, content and adoption
of and operations under plans of management, the protection of relics, the issue of
licences, the financial operations of the National Parks and Wildlife Service, the
acquisition and disposal of property, casements, regulations, the removal of certain
structures, persons, vehicles and animals from parks, authorities of Service officers with
respect to fauna, compensation in respect of offences, catchment areas and the grant of
approvals, concurrences, leases and other interests in parks.
Schedule 1 (5) proposes that a new Division, Division 2B, (containing sections
58K-58S) be inserted in Part 4 (Reserved, Dedicated and Declared Lands). Proposed
Division 2B makes provision for karst conservation reserves, the proposed sections
within the Division dealing, in a manner which is similar to the manner in which other
reserved or dedicated lands under the Act are treated, with the following matters:
Section 58K--dedication of reserves (that may, but need not be, restricted to
subterranean lands);
Section 58L--naming of reserves;
Section 58M--revocation, resumption or appropriation of reserves (which may
occur only by authority of an Act of Parliament);
Section 58N--restriction on disposal of or dealing with land within reserves;
Section 580--mining, by applying section 41 of the Act (which prohibits
prospecting or mining within national parks or historic sites accept as
authorised by an Act of Parliament) to reserves;
Section 58P--application of the Forestry Act 1916 to reserves;
Section 58Q--provisions respecting animals in reserves;
Section 58R--restrictions relating to timber, vegetation, plants and like resources
within reserves; and
Section 58S--application of various provisions, which apply to other reserved and
dedicated lands under the Act and which relate to such matters as the tabling of
proclamations, existing interests and the application of the Soil Conservation
Act 1938 and Fisheries and Oyster Farms Act 1935, to karst conservation
reserves.
Schedule 1 (6) makes it clear that a wilderness declaration in respect of lands
reserved or dedicated under the Act may relate to subterranean lands.
3
National Parks and Wildlife (Karst Conservation) Amendment 1991 (No. 2)
SCHEDULE 2--CONSEQUENTIAL AMENDMENT OF WILDERNESS
ACT 1987
Schedule 2 (1) proposes amendment of the definition of "wilderness area" to make it
clear that subterranean lands may be the subject of a wilderness declaration under the
Act or under the 1974 Act.
Schedule 2 (2) proposes amendment of section 8 (1) of the wilderness Act 1987 to
provide that the Minister may make a wilderness declaration in respect of land which
may, but need not be, restricted to land that is totally or predominantly subterranean
land.