What is the National Parks and Wildlife Regulation?
The National Parks and Wildlife Regulation is the principal statutory rule made under the National Parks and Wildlife Act 1974 (NPW Act).
What is the purpose of the National Parks and Wildlife Regulation?
The role of the Regulation is to assist in achieving the objectives of the NPW Act, which are focused on the conservation of biodiversity and cultural heritage values in national parks and reserves, promoting public understanding and enjoyment of these values, and ensuring appropriate management of land reserved under the NPW Act.
The Regulation contains powers that enable the NSW National Parks and Wildlife Service (NPWS) to manage national parks and other areas reserved under the NPW Act, including visitor activities, littering, offensive conduct and the lighting of fires.
Why does the National Parks and Wildlife Regulation need to be remade?
The existing National Parks and Wildlife Regulation 2009 is being remade as part of the staged repeal of statutory rules required under the Subordinate Legislation Act 1989.
The repeal of the existing Regulation is due on 1 September 2019.
The review of the existing Regulation is intended to ensure the Regulation is up to date, meets the Government’s Better Regulation principles, is in plain English, and reduces red tape wherever possible.
Why not let the existing Regulation lapse?
Allowing the existing Regulation to lapse would have implications for effective management across the national parks system and could result in a diverse range of negative impacts to biodiversity, cultural heritage and public safety.
What will replace the National Parks and Wildlife Regulation 2009?
The replacement instrument will be called the National Parks and Wildlife Regulation 2019. It is currently in draft form, but once approved, will commence on 1 September 2019.
What is changing in the draft National Parks and Wildlife Regulation 2019?
The changes in the draft National Parks and Wildlife Regulation 2019 are largely minor or machinery in nature and do not represent a major new regulatory initiative.
Where changes are proposed, they will provide clarity on certain aspects of park management and remove duplication with other legislation. In addition, some minor clarifications are proposed for simplicity or to ensure consistency with other existing legislative and policy positions. There is also a general reorganisation of the content to improve flow and readability.
Were other options considered other than remaking the Regulation with minor amendments?
Yes. The costs and benefits of remaking the Regulation without amendments, or letting the Regulation lapse, were considered. Neither of these options were recommended.
The remake of the Regulation is an opportunity to provide clarity to local government, individuals, business and consumers on park management issues and to remove duplicate provisions now addressed by other legislation.
There is no readily identifiable benefit in allowing the Regulation to lapse. Allowing the Regulation to lapse could result in a diverse range of negative impacts to biodiversity, cultural heritage and public safety.
Remaking the Regulation with minor amendments is the best and recommended option for providing the administrative and operational underpinnings to achieve the objectives of the NPW Act and continue to provide overall benefits to the community.
Can I provide comment on the draft National Parks and Wildlife Regulation 2019 before it is finalised?
Yes. Anyone can make a submission.
The draft National Parks and Wildlife Regulation 2019 and a regulatory impact statement (RIS) will be on public exhibition until 19 July 2019 on the OEH consultation webpage.
Written comments are invited and can be submitted:
- using the online form on the OEH consultation webpage, or
- by standard mail to:
National Parks and Wildlife Regulation Review
Parks Policy Team, Strategy & Coordination Branch
NSW National Parks and Wildlife Service
PO Box 1967
HURSTVILLE BC NSW 1481
What will happen with submissions?
The National Parks and Wildlife Service will review the submissions received and the draft National Parks and Wildlife Regulation 2019 may be amended. All submissions received will be published. If you wish all or part of your submission to be treated as confidential, or your personal details to remain anonymous, please clearly state this in your submission.
When will the National Parks and Wildlife Regulation 2019 commence?
Once finalised and approved, the National Parks and Wildlife Regulation 2019 will commence on 1 September 2019.