New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 69I

69I Proposals by statutory authorities affecting conservation areas

(1) A statutory authority shall not carry out development in a conservation area unless--

(a) it has given written notice of the proposed development to the Minister and the owner of the area, and

(b) it has received written notice from the Minister consenting to the development.

(2) The Minister may consent to the development only if the Minister is of the opinion that the proposed development will not adversely affect the area or the Minister is satisfied that--

(a) there is no practicable alternative to the carrying out of the proposed development, or

(b) the area is required for an essential public purpose or for a purpose of special significance to the State.

(3) For the purpose of enabling a statutory authority to carry out development in a conservation area, the Minister may, by order published in the Gazette, vary or terminate a conservation agreement without the consent of the owner of the conservation area.

(4) A copy of the order shall be laid before each House of Parliament within the prescribed time after publication of the order.

(4A) The Minister is not to vary or terminate an agreement under subsection (3) unless--

(a) written notice of the Minister's intention to vary or terminate the agreement has been given to the owner of the conservation area stating that the owner may make submissions to the Minister within the period specified in the notice (being a period of not less than 28 days), and

(b) the Minister has considered any submissions made by the owner of the conservation area, being submissions made within that specified period.

(5) If an agreement is varied under this section, the owner of the conservation area may, by written notice given to the Minister, terminate the agreement.

(6) The owner of a conservation area is not entitled to any compensation as a result of any variation or termination of an agreement by the Minister under this section.

(7) In this section,
"statutory authority" does not include the Soil Conservation Service.

(8) This section does not apply to any part of a conservation area that is a wilderness area within the meaning of the Wilderness Act 1987 .