Wilderness Act 1987 (NSW)

An Act to provide for the identification of wilderness and the protection and management of wilderness areas in the State; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Wilderness Act 1987.

2Definitions(1)

In this Act:

conservation agreement has the same meaning as it has in the National Parks and Wildlife Act 1974.

conservation area has the same meaning as it has in the National Parks and Wildlife Act 1974.

Council means the National Parks and Wildlife Advisory Council constituted under the National Parks and Wildlife Act 1974.

development, in relation to a wilderness area, means:

(a)
the erection of a building in that area,
(b)
the carrying out of a work in, on, over or under that area,
(c)
the use of that area or of a building or work in that area,
(d)
the subdivision of that area, and
(e)
the clearing of vegetation in that area.

Director-General means the Director-General of the Department of Environment, Climate Change and Water.

statutory authority means:

(a)
a Government Department,
(b)
(Repealed)
(c)
a council, a county council or a joint organisation within the meaning of the Local Government Act 1993, and
(d)
any other body constituted by or under an Act.

wilderness area means lands (including subterranean lands) declared to be a wilderness area under this Act or the National Parks and Wildlife Act 1974.

wilderness protection agreement means an agreement entered into under section 10.

(2)

A reference in this section:

(a)
to the erection of a building includes a reference to the rebuilding of, the making of structural alterations to, or the enlargement or extension of a building or the placing or relocating of a building on land,
(b)
to the carrying out of a work includes a reference to the rebuilding of, the making of alterations to, or the enlargement or extension of, a work, and
(c)
to the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979.

(3)

In this Act:

(a)
a reference to a function includes a reference to a power, authority and duty, and
(b)
a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

3Objects of Act

The objects of this Act are:

(a)
to provide for the permanent protection of wilderness areas,
(b)
to provide for the proper management of wilderness areas, and
(c)
to promote the education of the public in the appreciation, protection and management of wilderness.

4Act binds Crown(1)

This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(2)

Nothing in this Act renders the Crown liable to be prosecuted for an offence.

Part 2Functions of Director-General…

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