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PARLIAMENT OF VICTORIA
National Parks and Crown Land (Reserves) Acts
(Amendment) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3
3. Definitions 3
4. Order that land to be treated as a park for certain purposes 3
5. Fishing offences in marine national parks and marine
sanctuaries 3
6. Liability for offences 4
7. Time for bringing proceedings 5
8. Amendment of regulation making powers 5
9. Repeal of spent transitional provisions 6
10. Substitution of section 62 6
62. Land to become part of park on surrender to Crown--
2005 Act 6
11. Repeal of sections 65 and 66 6
12. Insertion of new sections 68, 69, 70 and 71 7
68. Definition--2006 Act 7
69. Operation of amendments to section 19F 7
70. Land to become part of park on surrender to Crown--
2006 Act 7
71. Rights to cease--roads--2006 Act 7
13. Amendment of Schedule Two 8
14. Amendment of Schedule Two B 9
15. Amendment of Schedule Three 9
16. Amendment of Schedule Four 10
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551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
Clause Page
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES)
ACT 1978 11
17. Substitution of heading in Part 4 11
18. Management powers, Beaconsfield Nature Conservation
Reserve 11
19. Insertion of new sections 29G, 29H and 29I 11
29G. Control and management of water authority structures
etc. in Bendigo and Macedon Regional Parks 11
29H. Water distribution works authority--Bendigo
Regional Park 12
29I. Dam licences--Bendigo Regional Park 13
20. Repeal of spent provisions 14
21. Insertion of new section 43 14
43. Reserve descriptions 14
22. Insertion of new sections 47B and 47C 14
47B. Land in Part 4A of the Fifth Schedule deemed to be
regional parks 14
47C. Land in Part 6 of the Fifth Schedule deemed to be
water reserves 15
23. Repeal of spent provisions 15
24. Insertion of new Division 5 of Part 6 15
Division 5--Further transitional provisions--2006 Act 15
51. Definition 15
52. Cessation of interests and rights--regional parks 16
53. Cessation of interests and rights--land abutting
regional parks 17
54. Savings of licences and other authorities--regional
parks 17
55. Protected forest--Kurth Kiln Regional Park 18
56. Cessation of interests and rights--water reserves 19
57. Cessation of interests and rights--nature conservation
reserves 20
58. Savings of licences and other authorities--nature
conservation reserves 21
59. Licences to cut and take away forest produce--
Jancourt Nature Conservation Reserve 21
60. Rights to cease--roads--Castlemaine Diggings
National Heritage Park 22
61. Cessation of interests and rights --Aireys Inlet
Recreation Reserve 22
62. Saving of licence--Aireys Inlet Recreation Reserve 23
25. Description of old reserve--Fourth Schedule 23
26. New and altered Crown land reserves--Fifth Schedule 24
27. Further amendment of the Crown Land (Reserves) Act 1978 27
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551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
Clause Page
PART 4--MACEDON REGIONAL PARK 28
28. Insertion of new section 63 28
63. Addition of land--Macedon Regional Park 28
29. Amendment of land description 28
PART 5--AMENDMENT OF OTHER ACTS 29
30. Aire Heritage River--Heritage Rivers Act 1992 29
31. Restricted Crown land--Mineral Resources Development
Act 1990 29
__________________
SCHEDULE--Further amendments to the Crown Land (Reserves)
Act 1978 30
ENDNOTES 31
iii
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the National Parks Act 1975 to make further provision for
parks under that Act, to amend the Crown Land (Reserves) Act 1978
to make further provision for reserves under that Act, to make other
amendments to those Acts, to amend the Heritage Rivers Act 1992
and the Mineral Resources Development Act 1990 and for other
purposes.
National Parks and Crown Land
(Reserves) Acts (Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975 to
make further provision for parks under that
5
Act; and
(b) to amend the Crown Land (Reserves) Act
1978 to make further provision for reserves
under that Act; and
(c) to make other amendments to those Acts;
10
and
(d) to amend the Heritage Rivers Act 1992 and
the Mineral Resources Development Act
1990.
2. Commencement
15
(1) Section 1, Part 2 (except sections 13(2) and
16(2)), sections 18, 20, 21, 23, 26(3) and 27,
Part 5, the Schedule and this section come into
operation on the day after the day on which this
Act receives the Royal Assent.
20
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 30 June 2007, it comes into
25
operation on that day.
__________________
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551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 3
See:
PART 2--AMENDMENTS TO THE NATIONAL PARKS
Act No.
ACT 1975 8702.
Reprint No. 11
as at
3. Definitions 10 February
2006
In section 3(1) of the National Parks Act 1975-- and
amending
(a) in the definition of "Barwon water supply
5 Act Nos
catchment area" for "N.P. 111C, N.P. 111D, 38/1989 (as
amended by
N.P. 111E, N.P. 111F and N.P. 111G" No. 64/2004),
substitute "N.P. 111C/1, N.P. 111D/1, N.P. 7/2005,
43/2005 and
111E/1, N.P. 111F/1 and N.P. 111G/1"; 61/2005.
LawToday:
(b) in the definition of "South West water supply
10 www.dms.
dpc.vic.
catchment area" for "N.P. 111H" substitute gov.au
"N.P. 111H/1".
4. Order that land to be treated as a park for certain
purposes
In section 19F(3) of the National Parks Act 1975
15
omit "pursuant to an Order under this section".
5. Fishing offences in marine national parks and
marine sanctuaries
(1) In section 45A(2) of the National Parks Act
1975, omit "for purposes other than for sale,".
20
(2) After section 45A(2) of the National Parks Act
1975 insert--
"(2A) A person must not, in a marine national park
or a marine sanctuary, use recreational
fishing equipment.
25
Penalty: 40 penalty units.".
3
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National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 6
(3) After section 45A(4) of the National Parks Act
1975 insert--
"(4A) Sub-section (4) does not apply to a person
who is acting under and in accordance with
an authorisation in writing of the Minister.
5
(4B) For the purposes of sub-section (4A), the
Minister may issue an authorisation in
writing and may impose conditions on that
authorisation.".
(4) After section 45A(6) of the National Parks Act
10
1975 insert--
"(6A) A person must not, in waters in a marine
national park or a marine sanctuary, have in
the person's possession a priority species.
Penalty: 100 penalty units or 6 months
15
imprisonment or both, in the case
of a natural person;
200 penalty units, in the case of a
body corporate.
(6B) Sub-section (6A) does not apply to a person
20
who is on a boat in waters in a marine
national park or a marine sanctuary.".
(5) After section 45A(8) of the National Parks Act
1975 insert--
'(9) In this section "recreational fishing
25
equipment" includes a rod and line,
handline, dip net, bait trap, landing net, spear
gun, hand-held spear, recreational bait net
and recreational hoop net.'.
6. Liability for offences
30
(1) For the heading to section 45D of the National
Parks Act 1975 substitute--
"Liability for offences".
4
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 7
(2) After section 45D(2) of the National Parks Act
1975 insert--
"(2A) If an offence against this Division is
committed from or in connection with a boat,
the person in charge of the boat at the time
5
that the offence is committed is also guilty of
such an offence.
(2B) Sub-section (2A) does not apply in
circumstances in which sub-section (1) or (2)
applies.
10
(2C) It is a defence in any proceedings for an
offence against sub-section (2A) if the
person in charge of the boat establishes--
(a) that he or she did everything that was
reasonably practicable to ensure that
15
the offence would not be committed;
and
(b) that he or she did not in any way aid,
abet, counsel or procure the
commission of the offence.".
20
7. Time for bringing proceedings
In section 45E of the National Parks Act 1975,
for "section 45A(1)" substitute "sections 45A(1),
45A(4), 45A(5) or 45A(6A)".
8. Amendment of regulation making powers
25
(1) In section 48(5) of the National Parks Act 1975,
for "section 6(2) of the Subordinate Legislation
Act 1962" substitute "section 23 of the
Subordinate Legislation Act 1994".
(2) In section 48(6) of the National Parks Act 1975,
30
for "Subordinate Legislation Act 1962"
substitute "Subordinate Legislation Act 1994".
5
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 9
9. Repeal of spent transitional provisions
(1) Section 50F of the National Parks Act 1975 is
repealed.
(2) Section 50I of the National Parks Act 1975 is
repealed.
5
(3) Section 60 of the National Parks Act 1975 is
repealed.
(4) Section 61C of the National Parks Act 1975 is
repealed.
(5) Section 61D of the National Parks Act 1975 is
10
repealed.
10. Substitution of section 62
For section 62 of the National Parks Act 1975
substitute--
"62. Land to become part of park on surrender
15
to Crown--2005 Act
(1) If any of the land shown delineated and
coloured pink on the plans lodged in the
Central Plan Office and numbered N.P. 111C
and N.P. 111G is not surrendered to the
20
Crown before the commencement of section
16(5) of the 2005 Act, that land is taken to be
excluded from the park described in Part 31
of Schedule Two until the title to that land is
surrendered to the Crown.
25
(2) Sub-section (1) is deemed to have
commenced on the day on which section
16(5) of the 2005 Act commenced.".
11. Repeal of sections 65 and 66
Sections 65 and 66 of the National Parks Act
30
1975 are repealed.
6
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 12
12. Insertion of new sections 68, 69, 70 and 71
After section 67 of the National Parks Act 1975
insert--
'68. Definition--2006 Act
In this Part "2006 Act" means the National
5
Parks and Crown Land (Reserves) Acts
(Amendment) Act 2006.
69. Operation of amendments to section 19F
Section 19F is deemed to have always been
enacted as amended by section 4 of the 2006
10
Act.
70. Land to become part of park on surrender
to Crown--2006 Act
If any of the land shown delineated and
coloured blue on the plans lodged in the
15
Central Plan Office and numbered
N.P. 111C/1, N.P. 111E/1, N.P. 111G/1 or
N.P. 111H/1 is not surrendered to the Crown
before the commencement of section 13(3)
of the 2006 Act, that land is to be taken to be
20
excluded from the park described in Part 31
of Schedule Two until the title to that land is
surrendered to the Crown.
71. Rights to cease--roads--2006 Act
(1) On the commencement of a sub-section of
25
section 13 of the 2006 Act referred to in
Column 1 of the Table to this sub-section,
the lands delineated and coloured yellow on
the plan lodged in the Central Plan Office,
the number of which is referred to in
30
Column 2 of the Table opposite the sub-
section, cease to be roads or parts of roads or
road reserves and all rights, easements and
privileges existing or claimed, either by the
public or any body or person as incident to
35
7
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Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 13
any express or implied grant or past
dedication or supposed dedication or any
past user or operation of law or otherwise,
cease.
TABLE
Column 1 Column 2
Section 13(2) N.P. 83/5
Section 13(3) N.P. 111C/1,
N.P. 111E/1
Section 13(4) N.P. 61/4
(2) On the commencement of section 14 of the
5
2006 Act, the lands delineated and coloured
yellow on the plan lodged in the Central Plan
Office and numbered N.P. 108/1 cease to be
roads or parts of roads or road reserves and
all rights, easements and privileges existing
10
or claimed, either by the public or any body
or person as incident to any express or
implied grant or past dedication or supposed
dedication or any past user or operation of
law or otherwise, cease.'.
15
13. Amendment of Schedule Two
(1) In Part 4 of Schedule Two to the National Parks
Act 1975--
(a) omit "or coloured yellow";
(b) for "N.P. 20A/12" substitute "N.P. 20A/13".
20
(2) In Part 15 of Schedule Two to the National Parks
Act 1975--
(a) for "11 160 hectares" substitute "11 050
hectares";
(b) omit "excepting therefrom the roads shown
25
as excluded";
(c) for "N.P. 83/4" substitute "N.P. 83/5".
8
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 14
(3) In Part 31 of Schedule Two to the National Parks
Act 1975--
(a) for "103 000 hectares" substitute "103 190
hectares";
(b) omit "or coloured green";
5
(c) for "N.P. 111A, N.P. 111B, N.P. 111C,
N.P. 111D, N.P. 111E, N.P. 111F, N.P.
111G, N.P. 111H, N.P. 111J and N.P. 111K"
substitute "N.P. 111A/1, N.P. 111B/1,
N.P. 111C/1, N.P. 111D/1, N.P. 111E/1,
10
N.P. 111F/1, N.P. 111G/1, N.P. 111H/1,
N.P. 111J/1 and N.P. 111K/1".
(4) In Part 34 of Schedule Two to the National Parks
Act 1975--
(a) for "167 745 hectares" substitute
15
"168 110 hectares";
(b) for "N.P. 61/3" substitute "N.P. 61/4".
14. Amendment of Schedule Two B
In Part 37 of Schedule Two B to the National
Parks Act 1975--
20
(a) for "1 030 hectares" substitute
"1010 hectares";
(b) omit "excepting therefrom the roads shown
as excluded";
(c) for "N.P. 108" substitute "N.P. 108/1".
25
15. Amendment of Schedule Three
(1) In Part 1 of Schedule Three to the National Parks
Act 1975, for "N.P. 38A/3" substitute
"N.P. 38A/4".
9
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National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 16
(2) In Part 13 of Schedule Three to the National
Parks Act 1975--
(a) omit "or coloured yellow excepting
therefrom the road shown as excluded";
(b) for "N.P. 52/5" substitute "N.P. 52/6".
5
16. Amendment of Schedule Four
(1) In Parts 1 to 8 of Schedule Four to the National
Parks Act 1975, for "Park Regulations 1992"
(wherever occurring) substitute "National Parks
(Park) Regulations 2003".
10
(2) In Part 8 of Schedule Four to the National Parks
Act 1975--
(a) omit "section 31 of";
(b) after "natural heritage" insert "and described
in Division 1 of Part 2 of the Fifth Schedule
15
to that Act";
(c) for "7540 hectares" substitute
"7550 hectares";
(d) after "coloured pink" insert "or coloured
yellow";
20
(e) for "N.P. 109A/1, N.P. 109B/1 and
N.P. 109C/1" substitute "N.P. 109A/2,
N.P. 109B/2 and N.P. 109C/2".
__________________
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551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 17
See:
PART 3--AMENDMENTS TO THE CROWN LAND
Act No.
(RESERVES) ACT 1978 9212.
Reprint No. 7
as at
17. Substitution of heading in Part 4 3 February
2005
In Part 4 of the Crown Land (Reserves) Act and
1978, for the heading "Management powers in
5 amending
Act Nos
Beaconsfield Nature Conservation Reserve" 64/2004,
substitute "Management and other powers in 60/2005 and
24/2006.
particular reserves". LawToday:
www.dms.
18. Management powers, Beaconsfield Nature dpc.vic.
Conservation Reserve gov.au
10
In section 29F(1) of the Crown Land (Reserves)
Act 1978, for "Division 10" substitute
"Division 9".
19. Insertion of new sections 29G, 29H and 29I
After section 29F of the Crown Land (Reserves)
15
Act 1978 insert--
'29G. Control and management of water
authority structures etc. in Bendigo and
Macedon Regional Parks
(1) The Minister, with the agreement of the
20
Minister administering the Water Act 1989,
may enter into an agreement with an
authority (within the meaning of that Act) to
manage and control any structures and
installations in the reserve described in
25
Division 1 or Division 3 of Part 4A of the
Fifth Schedule, or to construct any new
structures or installations on that land, and
that are specified in the agreement.
(2) For the purposes of giving effect to an
30
agreement under sub-section (1), the
authority may operate, repair, replace,
maintain, remove, connect, disconnect or do
any other thing necessary to manage or
11
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 19
control any structure or installation specified
in the agreement.
(3) In this section, "structures and
installations" includes, but is not limited to,
weirs, channels, pipelines, buildings, water
5
gauging stations, and survey and
geotechnical monitoring points.
29H. Water distribution works authority--
Bendigo Regional Park
(1) The Minister may grant an authority to a
10
person to install, operate or manage works
for the purposes of conveying water over any
part of the land described in Division 1 of
Part 4A of the Fifth Schedule.
(2) An authority under sub-section (1) may be
15
granted for the term determined by the
Minister.
(3) An authority under sub-section (1) is subject
to--
(a) any conditions the Minister thinks fit to
20
impose; and
(b) the payment of any fee or charge
determined by the Minister.
(4) An authority under sub-section (1) may be
cancelled by the Minister if the holder does
25
not comply with a condition of the authority.
(5) The holder of an authority under sub-
section (1) must not transfer the authority
unless the holder has first obtained the
consent of the Minister.
30
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National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 19
(6) Despite the commencement of section 26(4)
of the National Parks and Crown Land
(Reserves) Acts (Amendment) Act 2006, a
person who was using works for the
purposes of conveying water over any part of
5
the land described in Division 1 of Part 4A
of the Fifth Schedule immediately before the
commencement of that section may continue
to use those works for that purpose for
12 months after the commencement of that
10
section or until the Minister grants an
authority under this section (whichever is the
earlier).
(7) Any use of works under sub-section (6) is
subject to the conditions that applied to that
15
use immediately before the commencement
of section 26(4) of the National Parks and
Crown Land (Reserves) Acts
(Amendment) Act 2006.
29I. Dam licences--Bendigo Regional Park
20
(1) The Minister may grant a licence to any
person to use land for a dam on any part of
the land described in Division 1 of Part 4A
of the Fifth Schedule, if that land was used
for a dam immediately before the
25
commencement of section 26(4) of the
National Parks and Crown Land
(Reserves) Acts (Amendment) Act 2006.
(2) A licence under sub-section (1) may be
granted for a term of not more than 3 years.
30
(3) A licence under sub-section (1) is subject
to--
(a) any conditions that the Minister thinks
fit to impose; and
(b) the payment of any fee or charge
35
determined by the Minister.
13
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 20
(4) A licence under sub-section (1) may be
cancelled by the Minister if the holder does
not comply with a condition of the licence.
(5) The holder of a licence under sub-section (1)
must not transfer the licence unless the
5
holder has first obtained the consent of the
Minister.'.
20. Repeal of spent provisions
Sections 33, 37, 38, 39 and 41 of the Crown
Land (Reserves) Act 1978 are repealed.
10
21. Insertion of new section 43
After the heading to Division 2 of Part 6 of the
Crown Land (Reserves) Act 1978 insert--
"43. Reserve descriptions
Each area of land described in a Division of
15
a Part of the Fifth Schedule may be
described in or under this or any other Act or
in any other document by the name set out as
the heading to the Division.".
22. Insertion of new sections 47B and 47C
20
After section 47A of the Crown Land (Reserves)
Act 1978 insert--
"47B. Land in Part 4A of the Fifth Schedule
deemed to be regional parks
Each area of land described in a Division of
25
Part 4A of the Fifth Schedule is a regional
park and is deemed to be permanently
reserved under section 4 for public purposes
being, in particular--
(a) to provide opportunities for informal
30
recreation associated with the
enjoyment of natural or semi-natural
surroundings; and
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 23
(b) to protect and conserve biodiversity,
natural and cultural features and water
supply catchments; and
(c) for minor resource use that is not
inconsistent with paragraphs (a) and
5
(b).
47C. Land in Part 6 of the Fifth Schedule
deemed to be water reserves
Each area of land described in a Division of
Part 6 of the Fifth Schedule is deemed to be
10
permanently reserved under section 4 for
public purposes being, in particular, water
supply purposes.".
23. Repeal of spent provisions
(1) Section 48 of the Crown Land (Reserves) Act
15
1978 is repealed.
(2) Section 50A of the Crown Land (Reserves) Act
1978 is repealed.
(3) Section 50B of the Crown Land (Reserves) Act
1978 is repealed.
20
24. Insertion of new Division 5 of Part 6
After Division 4 of Part 6 of the Crown Land
(Reserves) Act 1978 insert--
'Division 5--Further transitional provisions--
2006 Act
25
51. Definition
In this Part "2006 Act" means the National
Parks and Crown Land (Reserves) Acts
(Amendment) Act 2006.
15
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
52. Cessation of interests and rights--regional
parks
(1) On the commencement of section 26(4) of
the 2006 Act--
(a) any reservation, under this or any other
5
Act, of an area of land described in
Division 1, 2 or 3 of Part 4A of the
Fifth Schedule that was in force
immediately before that
commencement is revoked; and
10
(b) any regulations made under section 13
of this Act that applied to any such area
of land immediately before that
commencement are revoked in so far as
they apply to the land; and
15
(c) that land is deemed to be freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to any part of the land
20
immediately before that
commencement.
(2) On the commencement of section 26(4) of
the 2006 Act, the lands delineated and
coloured yellow on the plans lodged in the
25
Central Plan Office and numbered
LEGL./06067A, LEGL./06067B,
LEGL./06067C, LEGL./06067D,
LEGL./06068 and LEGL./06069 cease to
be roads or parts of roads or road reserves
30
and all rights, easements and privileges
existing or claimed, either by the public or
any body or person as incident to any
express or implied grant or past dedication or
supposed dedication or any past user or
35
operation of law or otherwise, cease.
16
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
53. Cessation of interests and rights--land
abutting regional parks
On the commencement of section 26(4) of
the 2006 Act--
(a) any reservation, under this or any other
5
Act, of the lands delineated and
coloured brown on the plans lodged in
the Central Plan Office and numbered
LEGL./06067A, LEGL./06067B,
LEGL./06067C, LEGL./06067D,
10
LEGL./06068 and LEGL./06069 that
was in force immediately before that
commencement is revoked; and
(b) any regulations made under section 13
of this Act that applied to any such area
15
of land immediately before that
commencement are revoked in so far as
they apply to the land; and
(c) that land is deemed to be freed and
discharged from all trusts, limitations,
20
reservations, restrictions,
encumbrances, estates and interests in
or applying to any part of the land
immediately before that
commencement.
25
54. Savings of licences and other authorities--
regional parks
Despite the commencement of section 26(4)
of the 2006 Act and despite anything to the
contrary in this Act, any lease, licence,
30
permit or other authority over any part of
the land described in Division 1, 2 or 3 of
Part 4A that was granted or issued under this
Act, the Extractive Industries
Development Act 1995, the Forests Act
35
1958, the Land Act 1958, the Mineral
17
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
Resources Development Act 1990 or the
Water Act 1989 and that was in force
immediately before that commencement
continues in force on and after that
commencement, subject to its terms and
5
conditions.
55. Protected forest--Kurth Kiln Regional
Park
(1) Despite the commencement of section 26(4)
of the 2006 Act, the Forests Act 1958, the
10
Sustainable Forests (Timber) Act 2004 and
the Safety on Public Land Act 2004 apply
to the land shown hatched on the plan lodged
in the Central Plan Office and numbered
LEGL./06068 as if the land were protected
15
forest (within the meaning of the Forests
Act 1958).
(2) Despite sub-section (1), a power under the
Forests Act 1958 or the Sustainable
Forests (Timber) Act 2004 that relates to
20
the cutting, taking or harvesting of timber
may only be exercised--
(a) at a low intensity level; and
(b) in respect of the following--
(i) poles;
25
(ii) posts;
(iii) firewood;
(iv) sawlogs;
(v) residual logs associated with
sawlog harvesting operations.
30
18
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
56. Cessation of interests and rights--water
reserves
(1) On the commencement of section 26(6) of
the 2006 Act--
(a) any reservation, under this or any other
5
Act, of an area of land described in
Divisions 1 to 8 of Part 6 of the Fifth
Schedule that was in force immediately
before that commencement is revoked;
and
10
(b) any regulations made under section 13
of this Act that applied to any such area
of land immediately before that
commencement are revoked in so far as
they apply to the land; and
15
(c) that land is deemed to be freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to any part of the land
20
immediately before that
commencement.
(2) On the commencement of section 26(6) of
the 2006 Act, the lands delineated and
coloured yellow on the plans lodged in the
25
Central Plan Office and numbered
LEGL./06254 and LEGL./06256 cease to
be roads or parts of roads or road reserves
and all rights, easements and privileges
existing or claimed, either by the public or
30
any body or person as incident to any
express or implied grant or past dedication or
supposed dedication or any past user or
operation of law or otherwise, cease.
19
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
57. Cessation of interests and rights--nature
conservation reserves
(1) On the commencement of section 26(1) of
the 2006 Act--
(a) any reservation, under this or any other
5
Act, of an area of land described in
Division 11, 12, 13 or 14 of Part 1 of
the Fifth Schedule that was in force
immediately before that
commencement is revoked; and
10
(b) any regulations made under section 13
of this Act that applied to any such area
of land immediately before that
commencement are revoked in so far as
they apply to the land; and
15
(c) that land is deemed to be freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to any part of the land
20
immediately before that
commencement.
(2) On the commencement of section 26(1) of
the 2006 Act, the lands delineated and
coloured yellow on the plans lodged in the
25
Central Plan Office and numbered
LEGL./06062 and LEGL./06063 cease to
be roads or parts of roads or road reserves
and all rights, easements and privileges
existing or claimed, either by the public or
30
any body or person as incident to any
express or implied grant or past dedication or
supposed dedication or any past user or
operation of law or otherwise, cease.
20
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
58. Savings of licences and other authorities--
nature conservation reserves
Despite the commencement of section 26(1)
of the 2006 Act, and despite anything to the
contrary in this Act, any licence, permit or
5
other authority over any part of the land
described in Division 11, 12, 13 or 14 of
Part 1 of the Fifth Schedule that was granted
or issued under this Act, the Forests Act
1958, the Land Act 1958, the Mineral
10
Resources Development Act 1990 or the
Petroleum Act 1998 and that was in force
immediately before that commencement
continues in force on and after that
commencement, subject to its terms and
15
conditions.
59. Licences to cut and take away forest
produce--Jancourt Nature Conservation
Reserve
(1) On and from the commencement of section
20
26(1) of the 2006 Act, section 52 of the
Forests Act 1958 continues to apply (despite
anything to the contrary in this Act) to
enable a licence to be granted under that
section to cut and take away forest produce
25
for firewood in respect of any part of the
land shown hatched on the plan lodged in the
Central Plan Office and numbered
LEGL./06062. Any licence so granted may
be dealt with under section 52 of that Act.
30
(2) This section expires on 30 June 2010.
21
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
60. Rights to cease--roads--Castlemaine
Diggings National Heritage Park
On the commencement of section 26(2) of
the 2006 Act, the lands delineated and
coloured yellow on the plans lodged in the
5
Central Plan Office and numbered
N.P. 109B/2 and N.P. 109C/2 cease to be
roads or parts of roads or road reserves and
all rights easements and privileges existing
or claimed, either by the public or any body
10
or person as incident to any express or
implied grant or past dedication or supposed
dedication or any past user or operation of
law or otherwise, cease.
61. Cessation of interests and rights--Aireys
15
Inlet Recreation Reserve
On the commencement of section 26(5) of
the 2006 Act--
(a) the Order in Council specified in the
Fourth Schedule is revoked; and
20
(b) any reservation, under this or any other
Act, of an area of land described in
Division 3 of Part 5 of the Fifth
Schedule that was in force immediately
before that commencement is revoked;
25
and
(c) any regulations made under section 13
of this Act that applied to any such area
of land immediately before that
commencement are revoked in so far as
30
they apply to the land; and
(d) that land is deemed to be freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
35
or applying to any part of the land
22
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 25
immediately before that
commencement.
62. Saving of licence--Aireys Inlet Recreation
Reserve
Despite the commencement of section 26(5)
5
of the 2006 Act, any petroleum exploration
permit over any part of the land described in
Division 3 of Part 5 of the Fifth Schedule
granted under Part 3 of the Petroleum Act
1998 and that was in force immediately
10
before that commencement continues in
force on and after that commencement,
subject to its terms and conditions.'.
25. Description of old reserve--Fourth Schedule
In the Fourth Schedule to the Crown Land
15
(Reserves) Act 1978, for the Table
substitute--
"
Aireys Inlet Natural Features Reserve
Situation and area of Crown Allotment 19J,
land Parish of Angahook,
2·249 hectares
Instrument and date of Order in Council dated
reservation 24 October 1989
Description of land by Government Gazette
reference to Government dated 1 November
Gazette 1989, page 2813
Purpose of reservation For the conservation of
an area of natural
interest
Extent of revocation All of the land
".
23
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 26
26. New and altered Crown land reserves--Fifth
Schedule
(1) After Division 10 of Part 1 of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
insert--
5
"DIVISION 11--BUNGADOR STONY RISES
NATURE CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06060.
10 DIVISION 12--CORADJIL NATURE
CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06061.
DIVISION 13--JANCOURT NATURE
15 CONSERVATION RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./06062.
DIVISION 14--MARENGO NATURE
20 CONSERVATION RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./06063.".
(2) In Division 1 of Part 2 of the Fifth Schedule to the
Crown Land (Reserves) Act 1978--
25
(a) for "7540 hectares" substitute
"7550 hectares";
(b) after "coloured pink" insert "or coloured
yellow";
(c) for "N.P. 109A/1, N.P. 109B/1 and
30
N.P. 109C/1" substitute "N.P. 109A/2,
N.P. 109B/2 and N.P. 109C/2".
24
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 26
(3) After Division 2 of Part 3 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978 insert--
"DIVISION 3--BLACK DOG CREEK NATURAL
FEATURES RESERVE
5 The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./02071.
DIVISION 4--NATHALIA NATURAL FEATURES
RESERVE
The land delineated and coloured pink on the plan lodged in
10 the Central Plan Office and numbered LEGL./06064.
DIVISION 5--NUMURKAH NATURAL FEATURES
RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06065.
15 DIVISION 6--WATTVILLE NATURAL FEATURES
RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06066.".
(4) After Part 4 of the Fifth Schedule to the Crown
Land (Reserves) Act 1978 insert--
20
"PART 4A--REGIONAL PARKS
DIVISION 1--BENDIGO REGIONAL PARK
The land delineated and coloured pink or coloured yellow
on the plans lodged in the Central Plan Office and numbered
25 LEGL./06067A, LEGL./06067B, LEGL./06067C and
LEGL./06067D.
DIVISION 2--KURTH KILN REGIONAL PARK
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
30 LEGL./06068.
25
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 26
DIVISION 3--MACEDON REGIONAL PARK
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./06069.".
(5) After Division 2 of Part 5 of the Fifth Schedule to
5
the Crown Land (Reserves) Act 1978 insert--
"DIVISION 3--AIREYS INLET RECREATION
RESERVE
Crown allotment 19J, Parish of Angahook.
10 Purposes of the reservation--
The purposes of recreation.".
(6) After Part 5 of the Fifth Schedule to the Crown
Land (Reserves) Act 1978 insert--
"PART 6--WATER RESERVES
15 DIVISION 1--ANDERSONS AND MACDONALDS
RESERVOIRS WATER RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06252.
DIVISION 2--BAWDEN RESERVOIR WATER
20 RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06253.
DIVISION 3--KITTY ENGLISH AND FRANK MANN
RESERVOIRS WATER RESERVE
25 The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./06254.
DIVISION 4--MACDONALDS TANK WATER
RESERVE
30 The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06255.
26
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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Act 2006
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 27
DIVISION 5--ORDE HILL AND WILLIMIGONGON
RESERVOIRS WATER RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
5 LEGL./06256.
DIVISION 6--PIERCE RESERVOIRBARRINGO
CREEK WATER RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06257.
10 DIVISION 7--RESERVOIR A WATER RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06258.
DIVISION 8--RESERVOIRS B AND C WATER
RESERVE
15 The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./06259.".
27. Further amendment of the Crown Land (Reserves)
Act 1978
The Crown Land (Reserves) Act 1978 is
amended as set out in the Schedule.
20
__________________
27
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 4--Macedon Regional Park
s. 28
PART 4--MACEDON REGIONAL PARK
28. Insertion of new section 63
After section 62 of the Crown Land (Reserves)
Act 1978 insert--
"63. Addition of land--Macedon Regional
5
Park
On the commencement of Part 4 of the 2006
Act--
(a) any reservation, under this or any other
Act, of an area of land delineated and
10
coloured blue on the plan numbered
LEGL./06069, that was in force
immediately before that
commencement is revoked; and
(b) any regulations made under section 13
15
of this Act that applied to any such area
of land immediately before that
commencement are revoked in so far as
they apply to the land; and
(c) that land is deemed to be freed and
20
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to any part of the land
immediately before that
25
commencement.".
29. Amendment of land description
In Division 3 of Part 4A of the Fifth Schedule to
the Crown Land (Reserves) Act 1978, after
"coloured yellow" insert "or coloured blue".
30
__________________
28
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Part 5--Amendment of Other Acts
s. 30
PART 5--AMENDMENT OF OTHER ACTS
See:
30. Aire Heritage River--Heritage Rivers Act 1992 Act No.
36/1992.
In paragraph (a) of Part 16 of Schedule 1 to the Reprint No. 1
Heritage Rivers Act 1992, for "Otway National as at
8 April 1999
Park" substitute "Great Otway National Park".
5 and
amending
Act No.
60/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
31. Restricted Crown land--Mineral Resources Act No.
Development Act 1990 92/1990.
Reprint No. 6
(1) For clause 4A of Schedule 3 to the Mineral as at
1 January
Resources Development Act 1990 substitute-- 2006
and
10 "4A. Any land that is described in Divisions 1 to 6 of Part 3 amending
and Division 1 of Part 4 of the Fifth Schedule to the Act No.
Crown Land (Reserves) Act 1978.". 16/2006.
LawToday:
(2) After clause 4A of Schedule 3 to the Mineral www.dms.
dpc.vic.
Resources Development Act 1990 insert-- gov.au
15 "4B. Any land that is described in Part 8 of Schedule Four
to the National Parks Act 1975.".
(3) After clause 5 of Schedule 3 to the Mineral
Resources Development Act 1990 insert--
"6. Despite anything to the contrary in this Schedule, any
20 land shown delineated and coloured grey on the plan
lodged in the Central Plan Office of the Department
of Sustainability and Environment and numbered
LEGL./06260 is to be taken not to be land specified
in this Schedule for the purposes of the definition of
25 "restricted Crown land.".
__________________
29
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National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Sch.
SCHEDULE
FURTHER AMENDMENTS TO THE CROWN LAND (RESERVES)
ACT 1978
1. In section 44 of the Crown Land (Reserves) Act 1978, omit "and may
5 be described in or under this or any other Act or in any other document
by the name set out as the heading to the Division".
2. In section 45 of the Crown Land (Reserves) Act 1978, omit "and may
be described in or under this or any other Act or in any other document
by the name set out as the heading to the Division".
10 3. In section 46 of the Crown Land (Reserves) Act 1978, omit "and may
be described in or under this or any other Act or in any other document
by the name set out as the heading to the Division".
4. In section 47 of the Crown Land (Reserves) Act 1978, omit "and may
be described in or under this or any other Act or in any other document
15 by the name set out as the heading to the Division".
30
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National Parks and Crown Land (Reserves) Acts (Amendment)
Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
31
551411B.I1-31/5/2006 BILL LA INTRODUCTION 31/5/2006
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