What's new in law archives: 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 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
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
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.
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.
Page last updated: 26 February 2011