What's new in law archives: 2010

December 2010

November 2010

  • The National Park Estate (South-Western Cypress Reservations) Act 2010 revokes listed State Forests and reserves them under the National Parks and Wildlife Act 1974, revokes listed State Forests and makes those lands subject to the Crown Lands Act 1989 and reserves listed Crown Land under the National Parks and Wildlife Act 1974. It also revokes the part of Murramarang National Park on which Merry Beach Caravan Park is located and makes that land subject to the Crown Lands Act 1989 as well as providing an approval regime for State Forests that will continue to be harvested. The Act was assented to on 29 November 2010 and will commence on 1 January 2011.
  • The Local Government Amendment (Environmental Upgrade Agreements) Act 2010 (the EUA Act) amends the Local Government Act 1993 to allow councils to enter into environmental upgrade agreements with owners of certain buildings and finance providers as a way of funding works to improve the energy, water or environmental efficiency of those buildings. The EUA Act was assented to on 29 November 2010 and is expected to commence in early February 2011.
  • The Nature Conservation Trust Amendment Act 2010 (the Amending Act) makes numerous amendments to the Nature Conservation Trust Act 2001 (the Act). The Amending Act makes changes to the functions and membership of the Nature Conservation Trust of New South Wales. The Amendment Act was assented to on 16 November 2010 and will commence on 1 February 2011.
  • The Radiation Control Amendment Act 2010 was assented to on 4 November 2010. It amends the Radiation Control Act 1990 to streamline the licensing and accreditation system, ensure the security of higher risk radioactive sources, and improve the effectiveness of regulatory mechanisms and administrative provisions under the Act. Some provisions of the Amendment Act commenced on 4 November 2010 but most will commence on a future date appointed by proclamation.
  • The National Parks and Wildlife Amendment (Adjustment of Areas) Act 2010 (the Adjustment of Areas Act) provides for the amendment of the National Parks and Wildlife Act 1974 (the NPW Act) by the insertion of a new Schedule 5. It provides for the revocation of parts of both the Gwydir River and Beni State Conservation Areas (with appropriate offsets) and the vesting of those lands directly in State Water and Dubbo City Council respectively. The Adjustment of Areas Act was assented to and commenced on 25 October 2010.
  • The Protection of the Environment Operations Amendment (Environmental Monitoring) Act 2010 (the Amendment Act) amends the Protection of the Environment Operations Act 1997 (POEO Act) to enable the Environment Protection Authority to:

    1. Establish environmental monitoring programs to monitor the impact on the environment and human health of activities or works licensed under the POEO Act, and
    2. Require relevant licence holders to contribute to the costs of such programs by paying an environmental monitoring levy.
  • The Amendment Act was assented to on 1 November 2010 and commenced on 1 December 2010.

October 2010

September 2010

July 2010

  • The Threatened Species Conservation Amendment (Biodiversity Certification) Act 2010 (the amending Act) commenced on 2 July 2010 and amends the Threatened Species Conservation Act 1995 (the Act), by replacing the provisions of Part 7 Divison 5 relating to biodiversity certification of environmental planning instruments with a new scheme that provides for biodiversity certification to be conferred on land, if the overall effect of biodiversity certification is to maintain or improve biodiversity values as determined via an assessment methodology. Some changes have also been made to the biodiversity certification of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) contained in Part 7 of Schedule 7 to the Act. The provisions in the Act relating to biodiversity certification of the native vegetation reform package are unchanged.
  • The National Parks and Wildlife Amendment Regulation 2010 commenced on 2 July 2010 and made consequential amendments to the National Parks and Wildlife Amendment Regulation 2009 as a result of changes made by the NPW Amendment Act. It also introduced two new penalty notice amounts for new offences created by the Amending Act. More information on these changes can be found on the NPW Amendment Act page.
  • The Threatened Species Conservation Amendment Regulation 2010 commenced on 2 July 2010. It also made consequential changes resulting from the National Parks and Wildlife Amendment Act 2010. It increased the maximum penalties that can be imposed by a court for offences under the Threatened Species Conservation Regulation 2010. The maximum penalty has been increased from $5,500 to $22,000. More information on these changes can be found on the NPW Amendment Act page.

June 2010

  • The National Park Estate (Riverina Red Gum Reservations) Act 2010 commences on 1 July 2010 and transfers to the national park estate certain river red gum State forest lands in the Riverina area. It enables the transfer to Aboriginal ownership and conservation of certain other State forest lands in the Riverina area, and contains standard adjustment provisions. The Act also provides for an approval process for lands that remain State Forest in the Riverina area. Please see the Act Summaries page for further information.
  • The National Parks and Wildlife Amendment Act 2010 was assented to on 15 June 2010. It makes changes to the National Parks and Wildlife Act 1974, the Threatened Species Conservation Act 1995 and other miscellaneous legislation. The Amendment Act will commence in two stages. The first commencement date is 2 July 2010 with the remainder of the Act commencing on 1 October 2010.  For further information about the changes please refer to the NPW Amendment Act page.

May 2010

April 2010

  • The National Parks and Wildlife (Broken Head Nature Reserve) Act 2010, which commenced on 28 April 2010, revokes a small area (approximately 981 square metres being Lot 4 in DP 1139721) of Broken Head Nature Reserve as a nature reserve under the National Parks and Wildlife Act 1974, and instead vests the land in the Minister under Part 11 for an estate in fee simple. The land will be transferred to the Arakwal Aboriginal Corporation in accordance with an Indigenous Land Use Agreement. The Act does not operate to extinguish any native title rights and interests existing in relation to the land.

March 2010

  • The Historic Houses Amendment (Throsby Park Historic Site) Act 2010, which commenced on 22 March 2010, amends the Historic Houses Act 1980 revoking the reservation of the Throsby Park Historic Site as an historic site under the National Parks and Wildlife Act 1974. The Act instead vests the site, which is located in the Southern Highlands, in the Historic Houses Trust NSW. The vesting of the site does not affect any authority, lease or licence under the Mining Act 1992 or Petroleum (Onshore) Act 1991. While the site may be leased for a period of up to 99 years, it cannot be sold or exchanged.

February 2010

Page last updated: 13 November 2015