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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Parks Amendment (Point Nepean) Bill
2009
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Amendments to section 30 2
5 Insertion of new sections 30AAA to 30AAC 2
30AAA Leases in Point Nepean National Park 2
30AAB Licences associated with lease--Point Nepean
National Park 4
30AAC General licences--Point Nepean National Park 4
6 Schedule One A--Native Title 5
5 Native Title not affected by the National Parks
Amendment (Point Nepean) Act 2009 5
7 Schedule Two--Part 44 5
8 Repeal of amending Act 6
ENDNOTES 7
561275B.I-10/6/2009 i BILL LA INTRODUCTION 10/6/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
National Parks Amendment (Point
Nepean) Bill 2009
A Bill for an Act to amend the National Parks Act 1975 and for other
purposes.
The Parliament of Victoria enacts:
1 Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975--
(i) to extend Point Nepean National Park;
5 and
(ii) to make provision for the granting of
leases and licences in part of that park;
and
(b) to make other, minor amendments to the
10 National Parks Act 1975.
561275B.I-10/6/2009 1 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
s. 2
2 Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
the Royal Assent.
5 (2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 30 June 2010, it
10 comes into operation on that day.
3 Principal Act
See: In this Act, the National Parks Act 1975 is called
Act No.
8702. the Principal Act.
Reprint No. 12
as at
14 February
2008
and
amending
Act Nos
38/1989,
54/2008,
61/2008 and
6/2009.
LawToday:
www.
legislation.
vic.gov.au
4 Amendments to section 30
15 (1) In section 30(1) of the Principal Act omit
"including a Minister of the Crown in right of the
Commonwealth".
(2) Section 30(3) of the Principal Act is repealed.
5 Insertion of new sections 30AAA to 30AAC
20 After section 30 of the Principal Act insert--
"30AAA Leases in Point Nepean National Park
(1) After consulting the National Parks Advisory
Council, the Minister may lease any area of
land in the park described in Part 44 of
561275B.I-10/6/2009 2 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
s. 5
Schedule Two which is shown hatched on
the plan lodged in the Central Plan Office
and numbered N.P. 110/1.
(2) A lease under subsection (1) must be for a
5 purpose or purposes which the Minister
considers are not detrimental to the
protection of the park, including its historic,
indigenous, cultural, natural and landscape
features.
10 (3) Subject to subsection (2), the purpose of a
lease under subsection (1) may be for the
occupation of buildings or the construction
and occupation of buildings, including
buildings providing accommodation, but not
15 for the purpose of industrial or residential
use.
(4) A lease under subsection (1)--
(a) must be granted in writing; and
(b) must not be for a term of more than
20 21 years; and
(c) is subject to any rent and other charges
and terms and conditions determined by
the Minister.
(5) Despite subsection (4)(b), the Minister may
25 grant a lease under subsection (1) for a term
of more than 21 years but not exceeding
50 years if the Minister is satisfied that--
(a) the proposed use, development,
improvements or works that are
30 specified in the lease are of a
substantial nature and of a value which
justifies a longer term lease; and
(b) the granting of a longer term lease is in
the public interest.
561275B.I-10/6/2009 3 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
s. 5
30AAB Licences associated with lease--Point
Nepean National Park
(1) Where land is leased to a person under
section 30AAA, the Minister may grant a
5 licence to that person to use any land,
building, improvements or works in the area
of the park described in Part 44 of Schedule
Two which is shown hatched on the plan
lodged in the Central Plan Office and
10 numbered N.P. 110/1.
(2) A licence under subsection (1)--
(a) must be for the same or a related
purpose to the purpose for which the
land is leased; and
15 (b) must be granted in writing; and
(c) may be for the whole or part of the term
of the lease, but must not be for a term
of more than 21 years; and
(d) is subject to any fees and other charges
20 and terms and conditions determined by
the Minister.
30AAC General licences--Point Nepean National
Park
(1) The Minister may grant a licence to a person
25 to occupy or use any land in the area of the
park described in Part 44 of Schedule Two
which is shown hatched on the plan lodged
in the Central Plan Office and numbered
N.P. 110/1.
30 (2) A licence under subsection (1)--
(a) must be for a purpose or purposes
which the Minister considers are
consistent with the objects of the
National Parks Act 1975 in relation to
35 the land; and
561275B.I-10/6/2009 4 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
s. 6
(b) must be granted in writing; and
(c) must not be for a term of more than
7 years; and
(d) is subject to any fees and other charges
5 and terms and conditions determined by
the Minister.".
6 Schedule One A--Native Title
After clause 4 of Schedule One A to the Principal
Act insert--
10 "5 Native Title not affected by the National
Parks Amendment (Point Nepean) Act
2009
(1) The amendments made to this Act by the
National Parks Amendment (Point
15 Nepean) Act 2009 are not intended to affect
native title rights and interests.
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
20 or under the Native Title Act 1993 of the
Commonwealth.".
7 Schedule Two--Part 44
In Part 44 of Schedule Two to the Principal Act--
(a) for "470 hectares" substitute "575 hectares";
25 (b) omit "or coloured yellow or coloured
brown";
(c) for "N.P. 110" substitute "N.P. 110/1".
561275B.I-10/6/2009 5 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
s. 8
8 Repeal of amending Act
This Act is repealed on 30 June 2011.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561275B.I-10/6/2009 6 BILL LA INTRODUCTION 10/6/2009
National Parks Amendment (Point Nepean) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561275B.I-10/6/2009 7 BILL LA INTRODUCTION 10/6/2009
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