Assessing e Values and Management of the NSW Travelling ... - Land

ASSESSING THE VALUES AND MANAGEMENT OF THE NSW TRAVELLING STOCK RESERVE
1.4.3 NSW Threatened Species Conservation Act 1995 (TSCA)
The NSW Threatened Species Conservation Act 1995 identifies and protects native plants
and animals in danger of becoming extinct. The Act also provides for species recovery and
threat abatement programs. More than 80 species of native plants and animals have
recently become extinct in NSW and around 1000 more are threatened with extinction.
The purpose of the Act is to:
(a) conserve biological diversity and promote ecologically sustainable development;
(b) prevent the extinction and promote the recovery of threatened species,
populations and ecological communities;
(c) protect the critical habitat of those species, populations and ecological
communities that are endangered;
(d) eliminate or manage certain processes that threaten the survival or evolutionary
development of threatened species, populations and ecological communities;
(e) ensure that the impact of any action affecting threatened species, populations
and ecological communities is properly assessed; and
(f) encourage the conservation of threatened species, populations and ecological
communities through co-operative management.
1.4.4 NSW Aboriginal Land Rights Act 1983
Under the NSW Aboriginal Land Rights Act 1983, Crown land not required for an essential
purpose or for residential land, is returned to Aboriginal people. The Aboriginal Land Rights
Act aims to redress past injustices when Aboriginal people were dispossessed of their land
following the arrival of European settlers.
The NSW Aboriginal Land Rights Act 1983, provides specific criteria that must be
considered in the investigation of all Aboriginal land claims. Claimed land that meets all the
criteria (listed below) must be recommended by the department for granting.
Claims for land that fails any of the following eight criteria must be recommended for
refusal:
(a) Land is vested in Her Majesty (Sec. 36(1))
(b) Land is able to be lawfully sold or leased, or is reserved or dedicated for any
purpose, under the Crown Lands Act 1989 or the Western Lands Act 1901 (Sec.
36(1)(a))
(c) Land is not protected by the Savings, Transitional and Other Provisions -
Schedule 4 Clause 8.
(d) Land is not subject of an application for the determination of native title (Sec.
36(1)(d))
(e) Land is not subject of an approved determination of native title (Sec. 36(1)(e))
(f) Land is not lawfully used or occupied (Sec. 36(1)(b))
(g) Land is not needed or likely to be needed for residential land (Sec. 36(1)(b1)
(h) Land is not needed or likely to be needed, for an essential public purposes (Sec.
36(1)(c))
Aboriginal lands in Travelling Stock Reserves
Land claims lodged in respect of land which is or is part of a TSR shall be referred to the
LHPA (RLPB) for the district in which that land is situated. Under Sec. 37(3) of the ALRA
the Crown Lands Minister may enter into an agreement with the claimant ALC to achieve
the following:
(a) The vesting of the freehold title to that land, subject to any easements in the
claimant ALC
REPORT ON METHODOLOGY AND FINDINGS AUGUST 2009 Page 12 of 88