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National Parks and Wildlife Act 1974.

Country/Territory
Australia
Territorial subdivision
New South Wales
Document type
Legislation
Date
1974 (2018)
Source
FAO, FAOLEX
Long title
An Act to consolidate and amend the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and Aboriginal relics; to repeal the Wild Flowers and Native Plants Protection Act 1967 and certain other enactments; to amend the Local Government Act 1919 and certain other Acts in certain respects; and for purposes connected therewith.
Subject
Wild species & ecosystems
Keyword
Protected area Birds Endangered species Wild flora Institution Marine mammals Hunting gear/hunting methods Wildlife products Biodiversity Contract/agreement Legal proceedings/administrative proceedings Court/tribunal Dangerous animal/harmful animal Hunting authorization/permit Reptiles Offences/penalties Cultural heritage Protection of species Indigenous peoples
Geographical area
Asia and the Pacific, Australia and New Zealand, Indian Ocean, Oceania, South Pacific
Entry into force notes
Date of entry into force: secs 1 and 2 excepted, 1.1.1975, sec 2 and GG No 159 of 27.12.1974, p 5095.
Abstract

The general administration of national parks and wildlife reserves is entrusted to the National Parks and Wildlife Reserves Service, which shall: (a) consider and investigate proposals in relation to conservation areas; (b) enter into negotiations on behalf of the Minister; (c) promote any activity relevant to the conservation and management of protected areas, e.g., educational activities, construction and maintenance of works, research (Part 2). There shall be a National Parks and Wildlife Advisory Council, to advise the Minister on matters relating to the care, control and management of national parks, etc. The Aboriginal Cultural Heritage (Interim) Advisory Committee shall advise the Minister on any matter relating to the preservation, control of excavation, removal and custody of relics or Aboriginal places (Part 3). Part 4 gives the definition and establishes the legal regime and management of the following reserved, dedicated and declared lands: (a) national parks and declared lands; (b) State recreation areas; (c) regional parks; (d) nature reserves; (e) State game reserves; (f) karst conservation reserves; (g) wilderness areas and wild and scenic rivers; (h) aboriginal areas; (i) protected archeological areas; (l) wildlife districts, wildlife refuges and wildlife management areas. According to the provisions of Division 7 the Minister may enter into a conservation agreement relating to land with the owner of the land. The agreement may provide for any of the following: (a) restriction on the use of the area; (b) prohibition of specified activities; (c) contribution by the owner towards costs incurred which relate to the area or the agreement; (d) financial assistance or technical advice by the Minister. Proceedings relating to the enforcement of conservation agreements shall be taken in the Land and Environment Court. Part 4A makes provision as to the lease to the Minister, and the reservation and dedication of aboriginal land. Part 5 regulates the preparation of plans of management for each national park and historic site. The plan for lands reserved or dedicated under Part 4A of the Act shall be prepared by the board of management for the lands concerned in consultation with the Director-General. The Plan shall aim at the following objectives: (a) conservation of wildlife; (b) preservation of protected areas; (c) appropriate use of national park, historic site, State recreation area, regional park, etc. by the public, as well as by the lessee, licensee or occupant of land therein; (d) setting of the whole or part of a national park or nature reserve as a wilderness area; (e) maintenance of the national or international significance of aboriginal lands. Further provisions are made as to the protection of species of wild flora and fauna, with specific regard to hunting methods, to the sale, possession, importation or exportation of protected fauna as well as harming fauna. Part 6A makes provision for stop work orders and interim protection orders. Part 7 concerns fauna. Parts 7A and 8 contain special provisions regarding marine mammals and native plants, respectively. Threatened species, populations and ecological communities, and their habitats, and critical habitat are provided for in Part 8A.Part 9 regulates the issue and cancellation of licences in respect of fauna and native plants (inter alia, general licences, game licences, trapperos licences, fauna dealers licences, skin dealers licences, import and export licences, licences to liberate animals, aviary registration certificates, hunting licences, licences authorizing possession, licences to pick native plants, licences to grow native plants for sale). Parts 10-14 concern: Finance (10); Acquisition and disposal of property (11); Leases, licences, easements, etc. (12); Regulations (13); Miscellaneous (14). Completed by 18 Schedules)

Full text
English
Website
www.legislation.nsw.gov.au

References - Legislation

Implemented by

National Parks and Wildlife (Land Management) Regulation 1995.

Legislation | Australia | 1995 (1997)

Keyword: Protected area, Management/conservation, Offences/penalties, Cultural heritage, Indigenous peoples, Ecosystem preservation, Public health

Source: FAO, FAOLEX

National Parks and Wildlife (Fauna Protection) Regulation 1994.

Legislation | Australia | 1994 (1997)

Keyword: Hunting authorization/permit, Certification, Internal trade, International trade, Marine mammals, Protection of species

Source: FAO, FAOLEX

National Parks and Wildlife (Fauna Protection) Regulation 2001.

Legislation | Australia | 2001

Keyword: Hunting authorization/permit, Authorization/permit, Royalties/fees, Offences/penalties, Protection of species

Source: FAO, FAOLEX

National Parks and Wildlife Regulation 2002.

Legislation | Australia | 2002 (2007)

Keyword: Ecosystem preservation, National parks, Protected area, Cultural heritage, Authorization/permit, Use restrictions, Management/conservation, Traditional rights/customary rights, Wild fauna, Institution, Indigenous peoples, Public health, Protection of species

Source: FAO, FAOLEX

National Parks and Wildlife (Savings and Transitional) Regulation 1997.

Legislation | Australia | 1997 (1997)

Keyword: Land-use planning, Protected area, Land tenure

Source: FAO, FAOLEX

National Parks and Wildlife Regulation 2009.

Legislation | Australia | 2009 (2016)

Keyword: National parks, Ecosystem preservation, Protected area, Cultural heritage, Authorization/permit, Use restrictions, Management/conservation, Traditional rights/customary rights, Wild fauna, Institution, Indigenous peoples, Public health, Protection of species, International trade

Source: FAO, FAOLEX

Amended by

National Parks and Wildlife Amendment Act 2010.

Legislation | Australia | 2010

Keyword: Wild flora, Institution, Legal proceedings/administrative proceedings, Court/tribunal, Offences/penalties, Cultural heritage, Indigenous peoples, Endangered species, Protection of species

Source: FAO, FAOLEX

National Parks and Wildlife Amendment Act 2001.

Legislation | Australia | 2001 (2006)

Keyword: Institution, Authorization/permit, Offences/penalties, Indigenous peoples

Source: FAO, FAOLEX

Threatened Species Conservation Act 1995.

Legislation | Australia | 1995 (2016)

Keyword: Endangered species, Policy/planning, Protection of habitats, Institution, Classification/declassification, Biodiversity, Protection of species, Indigenous peoples

Source: FAO, FAOLEX

Biodiversity Conservation Act 2016.

Legislation | Australia | 2016 (2018)

Keyword: Basic legislation, Institution, Ecosystem preservation, Environmental planning, Authorization/permit, EIA, Wetlands, Inspection, Offences/penalties, Biodiversity, Sustainable development, Traditional knowledge/indigenous knowledge, Indigenous peoples, Policy/planning, Marine fisheries, Protection of species, Research, Traditional rights/customary rights, Fishery management and conservation, Protected area, Freshwater pollution, Pollution control, Migratory species, Alien species, Endangered species, Marine mammals, National parks, Marine protected areas, Access and benefit-sharing, Marine area

Source: FAO, FAOLEX