What's new in law - archive 2006
In 2003 the National Parks and Wildlife Service, the Environment Protection Authority, Resource NSW and the Botanic Gardens Trust combined to form the Department of Environment and Conservation. These archives relate to legislation administered by the Department of Environment and Conservation.
- Statute Law (Miscellaneous Provisions) Act (No 2) 2006 (assented and commenced 4.12.06) makes a number of minor changes to legislation administered by the DEC, including: (1) amending the return period for site audits commenced or completed by accredited site auditors (required under the Contaminated Lands Management Act 1997); (2) providing that it is not an offence against section 161 of the Protection of the Environment Operations Act 1997 to drive a motor vehicle to a place to have it inspected for the purposes of s 207; (3) allowing the court to order an offender under the Protection of the Environment Operations Act 1997 to pay money to a specified organisation for environmental purposes, rather than only "environmental" organisations; and (4) updating references to the Director General of the Department of Environment and Conservation in the National Parks and Wildlife Act 1974.
- Threatened Species Conservation Amendment (Biodiversity Banking) Act 2006 (assented to and commenced 4.12.2006) amends the Threatened Species Conservation Act 1995 by inserting a new Part 7A to establish a biodiversity banking and offsets scheme. See links below for more information. Although this Act has commenced, there are requirements which must be fulfilled before the scheme can be implemented. Specifically, the Act requires a Joint Committee of Parliament to be appointed to prepare a report that sets out suggested guidelines for the operation of the scheme during a trial period and examines options for applying the scheme to the clearing of native vegetation and that report must be tabled in Parliament within 6 months of commencement. Also before the scheme can be implemented, the Minister for the Environment will need to establish biobanking assessment methodology.
- National Park Estate (Lower Hunter Region Reservations) Act 2006 (assented 21.11.2006) revokes dedication of certain land as state forest and transfers them to national park estate. The Act also makes amendments to the National Parks and Wildlife Act 1974 and the Hunter Water Act 1991 in relation to special areas that are within national park estate, including provision for the joint preparation and implementation of plans of management. Finally, the Act provides that the Hunter Water Corporation is the owner of all works on land within a special area that is also within national parks estate. The provisions relating to special areas within national park commence on 1 January 2007 and the provisions in relation to the transfer of state forest commence on 1 July 2007.
- Some legislative amendments affecting Jenolan Caves commenced 1 July 2006. Parts of the National Parks and Wildlife Amendment (Jenolan Caves Reserves) Act 2005 have commenced. The Director-General of the DEC now has the care, control and management of the Jenolan, Wombeyan, Borenore and Abercrombie Karst Conservation Reserves, however certain areas of the reserves are being managed by an administrator of the Jenolan Caves Reserve Trust for an interim period. For more information, see What's new in law- archive 2005.
Page last updated: 26 February 2011