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PARLIAMENT OF VICTORIA
Forests and National Parks Acts (Amendment) Act
2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENTS TO THE FORESTS ACT 1958 AND
THE CONSERVATION, FORESTS AND LANDS ACT 1987 3
3. Business of the Secretary 3
4. Long-term hardwood sawlog supply levels 3
5. Incorporation of documents 3
6. Delegation of powers to VicForests 4
PART 3--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975 AND THE FISHERIES ACT 1995 5
7. Amendment of definition of Central Plan Office 5
8. Amendment of native title provision 5
9. Amendment of description of Port Campbell National Park 5
10. Amendment of descriptions of parks in Schedule Seven 6
11. Amendment of compensation provision--Fisheries Act 1995 6
ENDNOTES 7
i
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Forests Act 1958 to provide for supply of hardwood
sawlog levels not to exceed total sustainable yield rates and to make
amendments to that Act relating to the administration of the Act and
regulation-making powers, to amend the Conservation, Forests and
Lands Act 1987 to provide for the delegation of certain powers to
VicForests, to amend the National Parks Act 1975 to make further
provision in relation to the boundaries of certain parks and to make
other minor amendments to that Act and the Fisheries Act 1995 and
for other purposes.
Forests and National Parks Acts
(Amendment) Act 2003
The Parliament of Victoria enacts as follows:
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
1
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
Victorian Legislation and Parliamentary Documents
The main purposes of this Act are--
(a) to amend the Forests Act 1958 to provide
5 for supply of hardwood sawlog levels not to
exceed total sustainable yield rates; and
(b) to make amendments to the Forests Act
1958 relating to the administration of the Act
and regulation-making powers; and
10 (c) to amend the Conservation, Forests and
Lands Act 1987 to provide for delegation of
certain powers to VicForests; and
(d) to amend the National Parks Act 1975 to
make further provision in relation to the
15 boundaries of certain parks; and
(e) to make other minor amendments to the
National Parks Act 1975 and the Fisheries
Act 1995.
2. Commencement
20 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
2
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Part 2--Amendments to the Forests Act 1958 and the Conservation, Forests
s. 3
and Lands Act 1987
PART 2--AMENDMENTS TO THE FORESTS ACT 1958 AND
THE CONSERVATION, FORESTS AND LANDS ACT 1987
Victorian Legislation and Parliamentary Documents
3. Business of the Secretary
See:
Section 5(2) of the Forests Act 1958 is repealed. Act No.
6254.
Reprint No. 8
as at
1 January
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
5 4. Long-term hardwood sawlog supply levels
(1) In section 52A(1) of the Forests Act 1958, for
"equals or is within the permitted margin of"
substitute "does not exceed".
(2) Section 52A(2) of the Forests Act 1958 is
10 repealed.
5. Incorporation of documents
At the end of section 99A of the Forests Act 1958
insert--
"(2) Regulations made under this Act may apply,
15 adopt or incorporate any matter contained in
any document, code, standard, rule,
specification or method, formulated, issued,
prescribed or published by any other person,
whether--
20 (a) wholly or partially or as amended by
the regulations; or
(b) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
25 (c) as formulated, issued, prescribed or
published from time to time.".
3
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Part 2--Amendments to the Forests Act 1958 and the Conservation, Forests
s. 6
and Lands Act 1987
6. Delegation of powers to VicForests
See: (1) In section 3 of the Conservation, Forests and
Act No.
Victorian Legislation and Parliamentary Documents
Lands Act 1987 insert the following definition--
41/1987.
Reprint No. 5
' "VicForests" means the State body known as
as at
5 17 June 2003.
"VicForests" established under section 14 of
LawToday:
the State Owned Enterprises Act 1992 by
www.dms.
dpc.vic.
Order in Council dated 28 October 2003
gov.au
published in the Government Gazette on
28 October 2003;'.
10 (2) In section 11(1) of the Conservation, Forests
and Lands Act 1987--
(a) in paragraph (d), for "Corporation."
substitute "Corporation; or";
(b) after paragraph (d) insert--
15 "(e) VicForests or an employee of
VicForests.".
(3) In section 11(2) of the Conservation, Forests
and Lands Act 1987--
(a) in paragraph (e) for "Corporation."
20 substitute "Corporation; or";
(b) after paragraph (e) insert--
"(f) VicForests or an employee of
VicForests.".
__________________
4
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Part 3--Amendments to the National Parks Act 1975 and the Fisheries Act
s. 7
1995
PART 3--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975 AND THE FISHERIES ACT 1995
Victorian Legislation and Parliamentary Documents
7. Amendment of definition of Central Plan Office
See:
In the definition of "Central Plan Office" in Act No.
5 section 3(1) of the National Parks Act 1975, for 8702.
Reprint No. 9
"Department of Natural Resources and as at
Environment" substitute "Department of 16 November
2002
Sustainability and Environment". and
amending
8. Amendment of native title provision Act No.
38/1989.
10 For section 48A(2) of the National Parks Act LawToday:
1975 substitute-- www.dms.
dpc.vic.
gov.au
"(2) The amendments made to this Act by the
Forests and National Parks Acts
(Amendment) Act 2003 are not intended to
15 affect native title rights and interests.
(2A) Sub-sections (1) and (2) do not apply in any
case where native title rights and interests
are--
(a) affected; or
20 (b) authorised to be affected--
by or under the Native Title Act 1993 of the
Commonwealth.".
9. Amendment of description of Port Campbell
National Park
25 In Part 21 of Schedule Two to the National Parks
Act 1975--
(a) for "N.P. 16/3" substitute "N.P. 16/4"; and
(b) omit "between high water mark and low
water mark".
5
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Part 3--Amendments to the National Parks Act 1975 and the Fisheries Act
s. 10
1995
10. Amendment of descriptions of parks in Schedule
Seven
Victorian Legislation and Parliamentary Documents
(1) In Part 2 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 13" substitute "M.N.P.
5 13/1".
(2) In Part 4 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 3/1" substitute "M.N.P.
3/2".
(3) In Part 8 of Schedule Seven to the National Parks
10 Act 1975, for "M.N.P. 7" substitute "M.N.P.
7/1".
(4) In Part 11 of Schedule Seven to the National
Parks Act 1975, for "M.N.P. 10/1" substitute
"M.N.P. 10/2".
15 See: 11. Amendment of compensation provision--Fisheries
Act No.
Act 1995
92/1995.
Reprint No. 3
In section 165(1) of the Fisheries Act 1995--
as at
16 November
(a) in paragraph (c), after "2002" insert "or the
2002
and
Forests and National Parks Acts
amending
20 (Amendment) Act 2003";
Act Nos
80/2000,
17/2002, (b) in paragraph (d)--
24/2003 and
56/2003.
(i) for "created" substitute "as effected";
LawToday:
www.dms.
(ii) after "2002" insert "or the Forests
dpc.vic.
and National Parks Acts
gov.au
25 (Amendment) Act 2003".
6
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
Forests and National Parks Acts (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
7
551090B.I1-31/10/2003 BILL LA CIRCULATION 31/10/2003
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