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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Heritage Rivers (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Definitions 2
5. Amendment of section 15 2
6. Amendment of Schedule 1 3
7. Further amendment of Schedule 1 7
8. New section 23 inserted 8
23. Further transitional and savings provisions 8
9. Statute law revision 9
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Heritage Rivers Act 1992 and for other purposes.
Heritage Rivers (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make further
provision about heritage river areas.
2. Commencement
5 (1) Subject to sub-sections (2) and (3), this Act comes
into operation on the day on which it receives the
Royal Assent.
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(2) Sections 5 and 6 are deemed to have come into
operation on 10 September 1992.
(3) Section 7 is deemed to have come into operation
on 4 June 1997.
5 3. Principal Act
No. 36/1992. In this Act, the Heritage Rivers Act 1992 is
called the Principal Act.
4. Definitions
In section 3 of the Principal Act insert--
10 ' "bank", in relation to a river or creek, has the
same meaning as in section 384(1) of the
Land Act 1958 but does not include land
over which water of the river or creek
normally flows;
15 "bed", in relation to a river or creek, has the same
meaning as in section 384(1) of the Land
Act 1958;
'"left bank", in relation to a river or creek, means
the left bank when facing downstream;
20 "right bank", in relation to a river or creek,
means the right bank when facing
downstream;'.
5. Amendment of section 15
In section 15 of the Principal Act for sub-section
25 (2) substitute--
"(2) An instrument made, granted or issued under
any Act is of no effect to the extent that it
authorises, or purports to authorise, the
carrying on of activities in contravention of
30 sub-section (1).".
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Heritage Rivers (Amendment) Act 1998
s. 6
Act No.
6. Amendment of Schedule 1
(1) For Part 1 of Schedule 1 of the Principal Act
substitute--
"PART 1--MITTA MITTA RIVER HERITAGE
5 AREA
The bed and banks of the Big River, County of Bogong and
the Mitta Mitta River between the downstream edge of the
Big River Bridge on the Omeo Highway and a point on the
right bank of the Mitta Mitta River directly west of the
10 southernmost corner of Crown allotment 18 Parish of
Mowamba, and all public land adjoining that length of river
within 200 metres of each bank except on the right bank of
the Big River and Mitta Mitta River downstream from the
point where the left bank of the Bundara River meets the
15 right bank of the Big River for a distance of 4·82 kilometres
where all public land between the right bank and the edge of
the Omeo Highway nearest to the Big River or Mitta Mitta
River is included.".
(2) For Part 4 of Schedule 1 of the Principal Act
20 substitute--
"PART 4--BIG RIVER HERITAGE AREA
The bed and banks of the Big River in the County of
Wonnangatta between the point where the right bank of
Springs Creek meets the right bank of the Big River and the
25 point where the left bank of Fryer Creek meets the right
bank of the Big River and all public land adjoining that
length of river within 200 metres of each bank.".
(3) For Part 8 of Schedule 1 of the Principal Act
substitute--
30 'PART 8--BEMM, GOOLENGOOK, ARTE AND
ERRINUNDRA RIVERS HERITAGE AREA
(a) The bed and banks of the Errinundra River (East
Branch) and the Errinundra, Bemm, Goolengook and
Arte Rivers between the points marked A and M and
35 between the points marked G and F and between the
points marked D and I on the plan lodged in the
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Heritage Rivers (Amendment) Act 1998
s. 6
Act No.
Central Plan Office and numbered LEGL./98-37 (in
this Part called "the Bemm plan"); and
(b) the public land shown hatched on the inset marked A
on the Bemm plan comprising the bed and banks of
5 Sydenham Inlet, adjoining public land, Crown
allotment 20 and part of Crown allotment 2A, Parish
of Bemm; and
(c) those parts of the Errinundra National Park defined on
the plan lodged in the Central Plan Office and
10 numbered N.P. 92/1 within 200 metres of each bank
of the Errinundra River (East Branch) and Errinundra
River between the points marked A and C and within
200 metres of each bank of the Goolengook River
between the points marked D and F on the Bemm
15 plan; and
(d) all public land, not within the Errinundra National
Park, within--
(i) 100 metres of each bank of the Errinundra
River between the points marked B and C on
20 the Bemm plan; and
(ii) 100 metres of each bank of the Goolengook
River between the points marked E and F on
the Bemm plan; and
(iii) 100 metres of the right bank of the Arte River
25 between the points marked G and H on the
Bemm plan, and between the left bank of that
length of river and a line 100 metres from the
centreline of the Glen Arte Road in a northerly
direction; and
30 (iv) 100 metres of each bank of the Arte River
between the points marked H and F on the
Bemm plan; and
(v) 150 metres of each bank of the Goolengook
River between the points marked F and I on the
35 Bemm plan; and
(vi) 150 metres of each bank of the Bemm River
between the points marked C and J on the
Bemm plan; and
(vii) 200 metres of the left bank of the Bemm River
40 between the points marked K and L on the
Bemm plan; and
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Act No.
(viii) 200 metres of each bank of the Bemm River
between the points marked L and M on the
Bemm plan; and
(e) the public land south of Crown allotments 3 and 3B
5 Parish of Purgagoolah and Crown allotment 3A
Parish of Nungal and a line extending the southern
boundary of Crown allotment 3 Parish of Nungal to
the Princes Highway and between the western edge of
the Princes Highway and the eastern edge of Euchre
10 Valley Drive; and
(f) the public land between the right bank of the Bemm
River downstream of the Princes Highway, a line
extending due west from the point where the right
bank of the Bemm River meets the left bank of
15 Cobbler Creek to the Princes Highway, and the
eastern edge of the Princes Highway in a northerly
direction to the right bank of the Bemm River.'.
(4) For Part 13 of Schedule 1 of the Principal Act
substitute--
20 "PART 13--THOMSON RIVER HERITAGE
AREA
The bed and banks of the Thomson River between the
downstream edge of the Thomson Dam wall and a point on
the right bank of that river in line with the western boundary
25 of Crown allotment 125A Parish of Toongabbie North and
all public land adjoining that length of river within--
(a) 200 metres of each bank upstream of the point where
the right bank of the Thomson River meets the left
bank of Coopers Creek; and
30 (b) 300 metres of each bank downstream of the point
where the right bank of the Thomson River meets the
left bank of Coopers Creek.".
(5) For Part 15 of Schedule 1 of the Principal Act
substitute--
35 "PART 15--LERDERDERG RIVER HERITAGE
AREA
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Act No.
The bed and banks of the Lerderderg River between the
downstream edge of the Roach Road crossing and the point
where the river crosses the boundary of the southern
extremity of Lerderderg State Park defined in the plan
5 lodged in the Central Plan Office and numbered N.P. 89/1
and--
(a) that part of the Lerderderg State Park shaded grey on
the plan lodged in the Central Plan Office and
numbered LEGL./98-38; and
10 (b) all public land within 250 metres of the left bank of
that river between the points marked A and B on the
plan LEGL./98-38; and
(c) that part of the public purposes reserve (Government
Gazette 1881 page 1389) adjoining the left bank of
15 that river between the points marked B and C on the
plan LEGL./98-38; and
(d) on the right bank of that river between the point
marked A on the plan LEGL./98-38 and a point on
the right bank of that river in line with the northern
20 boundary of Crown allotment 53 Parish of
Blackwood, all public land within 100 metres from
that bank or the northern edge of the Lerderderg
Road, whichever is the greater distance from that
bank; and
25 (e) that part of the public purposes reserve (Government
Gazette 1881 page 1389) adjoining the right bank of
that river between a point on the right bank of that
river in line with the northern boundary of Crown
allotment 53 Parish of Blackwood and the point
30 marked C on the plan LEGL./98-38.".
(6) For Part 16 of Schedule 1 of the Principal Act
substitute--
"PART 16--AIRE RIVER HERITAGE AREA
The bed and banks of the Aire River between a point on the
35 left bank of that river in line with the eastern boundary of
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Heritage Rivers (Amendment) Act 1998
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7
Act No.
Crown allotment 29E Parish of Olangolah and the low water
mark at the mouth of that river and all public land adjoining
that length of river comprising--
(a) the public land within 50 metres of each bank
5 between a point on the left bank of that river in line
with the eastern boundary of Crown allotment 29E
Parish of Olangolah and a point on the right bank of
that river in line with the western boundary of Crown
allotment 34D Parish of Weeaproinah; and
10 (b) Crown allotment 29E Parish of Olangolah; and
(c) the public land within 100 metres of each bank
between a point on the right bank of that river in line
with the western boundary of Crown allotment 34D
Parish of Weeaproinah and a point on the left bank of
15 that river 400 metres upstream of the point where the
left bank of the Aire River meets the right bank of
Clearwater Creek; and
(d) the public land within 200 metres of each bank
between a point on the left bank of that river 400
20 metres upstream of the point where the left bank of
the Aire River meets the right bank of Clearwater
Creek and the point where that river crosses the
boundary of the Otway National Park defined on the
plan lodged in the Central Plan Office and numbered
25 N.P. 57B except within the Aire River Wildlife
Reserve (Government Gazette 1987 page 1495)
where all public land within 100 metres of the left
bank of that river is included; and
(e) that part of the Otway National Park within 200
30 metres of each bank of that river.".
7. Further amendment of Schedule 1
For Part 18 of Schedule 1 of the Principal Act
substitute--
"PART 18--ABERFELDY RIVER HERITAGE
35 AREA
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Heritage Rivers (Amendment) Act 1998
Act No.
The bed and banks of the Aberfeldy River and all public
land within 200 metres of each bank within the Baw Baw
National Park defined on the plan lodged in the Central Plan
Office and numbered N.P. 29/1.".
5 8. New section 23 inserted
After section 22 of the Principal Act insert--
"23. Further transitional and savings provisions
(1) Proceedings for an offence--
(a) committed or alleged to have been
10 committed in a place or area that is
within a State forest within the meaning
of the Forests Act 1958 that are
commenced before the day on which
the Heritage Rivers (Amendment)
15 Act 1998 received the Royal Assent; or
(b) of hindering or obstructing activities in
a State forest committed or alleged to
have been committed before the day on
which the Heritage Rivers
20 (Amendment) Act 1998 received the
Royal Assent--
are to be heard and determined as if the
Heritage Rivers (Amendment) Act 1998
had not been enacted.
25 (2) Except as provided in sub-section (1),
anything done or purporting to have been
done on or in relation to land that, on the day
on which the Heritage Rivers
(Amendment) Act 1998 received the Royal
30 Assent, ceased to be in a heritage river area,
is, and is deemed always to have been, as
valid and permissible as it would have been
if this Act had been enacted as amended by
the Heritage Rivers (Amendment) Act
35 1998.".
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Heritage Rivers (Amendment) Act 1998
s. 9
Act No.
9. Statute law revision
Sections 19, 20 and 21 of the Principal Act are
repealed.
5
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Heritage Rivers (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Heritage Rivers (Amendment) Act 1998
Act No.
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