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PARLIAMENT OF VICTORIA
National Parks (Additions and Other Amendments)
Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3
Division 1--Miscellaneous Amendments to the National Parks Act
1975 3
3. Substitution of section 10 3
10. National Parks Advisory Council 3
4. Repeal of ability of Council to act as committee of
management 4
5. Repeal of power to appoint Council as committee of
management 4
6. Substitution of section 25B 4
25B. Harvesting of a pine plantation in Lake Eildon
National Park 4
7. Repeal of power to enter into cattle grazing agreements at
Mornington Peninsula National Park 4
8. Repeal of reporting requirements for certain parks 5
9. Repeal of section 32A 5
10. Alpine Advisory Committee 5
11. Tenancies for surf lifesaving purposes 6
12. Repeal of powers to grant certain tenancies at Arthurs Seat
State Park 7
13. Authorities to search for minerals 7
14. Repeal of power to issue grazing licences at Lysterfield Park 7
15. Repeal of exceptions on prohibition on carrying or using spear
guns in certain parks 8
16. Repeal of spent transitional provisions 8
17. Repeal of spent transitional provisions 8
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Clause Page
18. Substitution of section 59 8
59. Savings of appointments--National Parks Advisory
Council--2004 Act 8
60. Savings of appointments--Alpine Advisory
Committee--2004 Act 9
Victorian Legislation Parliamentary Documents
61. Rights to cease--roads--2004 Act 9
62. Rights to cease--reserved forest--2004 Act 11
63. Heathcote-Graytown National Park--Land not affected
by enactment of 2002 Act 12
64. Registrar of Titles to make necessary amendments to
records 13
Division 2--Amendments Related to Parks and Other Areas 13
19. Amendment of Schedule Two 13
20. Amendment of Schedule Two B 16
21. Amendment of Schedule Three 19
22. Amendment of Schedule Four 20
23. Amendment of Schedule Six 20
24. Further amendments to the National Parks Act 1975 20
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978 21
Division 1--General Amendments to the Crown Land (Reserves)
Act 1978 21
25. Definitions 21
26. Secretary to manage Castlemaine Diggings National Heritage
Park 21
27. Insertion of new heading in Part 6 21
28. Repeal of certain sections 21
29. Amendment of reference to Central Plan Office 21
30. Insertion of new Divisions 2, 3 and 4 in Part 6 22
Division 2--Fifth Schedule Reserves 22
44. Land in Part 1 of Fifth Schedule deemed to be nature
conservation reserves 22
45. Land in Part 2 of Fifth Schedule deemed to be cultural
and natural heritage reserves 22
46. Land in Part 3 of Fifth Schedule deemed to be natural
features reserves 22
47. Land in Part 4 of Fifth Schedule deemed to be historic
and cultural features reserves 23
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Clause Page
Division 3--Transitional Provisions Relating to Reserves 23
48. Cessation of interests and rights--2004 Act 23
49. Castlemaine Diggings National Heritage Park,
Tungamah and Youarang Natural Features Reserves--
Victorian Legislation Parliamentary Documents
Land not affected by enactment of 2002 Act 25
Division 4--Miscellaneous 27
50. Registrar of Titles to make necessary amendments to
records 27
31. Further amendments to the Crown Land (Reserves)
Act 1978 27
Division 2--Amendments Related to Additions to Wychitella
Nature Conservation Reserve 28
32. Addition of land to Wychitella Nature Conservation Reserve 28
33. Insertion of new section 49A 28
49A. Transitional Provision--Addition to Wychitella
Nature Conservation Reserve 28
PART 4--AMENDMENTS TO OTHER ACTS 30
34. Amendment of Schedule 3 to the Mineral Resources
Development Act 1990--Interpretation of restricted Crown
land 30
35. Amendment of the Forests Act 1958 31
36. Amendment of the National Parks (Amendment) Act 1989 32
__________________
SCHEDULES 33
SCHEDULE 1--Insertion of Schedule One A in the National Parks Act
1975 33
SCHEDULE 2--Insertion of Fifth Schedule in the Crown Land
(Reserves) Act 1978 34
ENDNOTES 37
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 June 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the National Parks Act 1975 and the Crown Land
(Reserves) Act 1978 and to make minor amendments to the Mineral
Resources Development Act 1990, the Forests Act 1958 and the
National Parks (Amendment) Act 1989 and for other purposes.
National Parks (Additions and Other
Amendments) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the National Parks Act 1975--
(i) to make several additions and excisions
5
to various parks; and
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s. 2
(ii) to make further provision in relation to
advisory bodies; and
(iii) to repeal certain licensing and other
provisions; and
Victorian Legislation Parliamentary Documents
(iv) to make further provision in relation to
5
that Act; and
(b) to amend the Crown Land (Reserves) Act
1978--
(i) to create several nature conservation
reserves; and
10
(ii) to make further provision in relation to
the boundaries of several box-ironbark
reserves; and
(c) to make minor amendments to the Mineral
Resources Development Act 1990 and the
15
Forests Act 1958 and the National Parks
(Amendment) Act 1989.
2. Commencement
(1) This Act, other than Division 2 of Part 2 and
Division 2 of Part 3, comes into operation on the
20
day after the day on which it receives the Royal
Assent.
(2) Division 2 of Part 2 and Division 2 of Part 3 come
into operation on a day or days to be proclaimed.
(3) If a provision in Division 2 of Part 3 does not
25
come into operation before 27 February 2012, it
comes into operation on that day.
(4) If a provision in Division 2 of Part 2 does not
come into operation before 30 June 2005, it comes
into operation on that day.
30
__________________
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s. 3
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT See:
1975 Act No.
8702.
Reprint No. 9
as at
Division 1--Miscellaneous Amendments to the National
Victorian Legislation Parliamentary Documents
16 November
Parks Act 1975 2002
and
amending
3. Substitution of section 10
5 Act Nos
38/1989,
For section 10 of the National Parks Act 1975 80/2003,
84/2003 and
substitute-- 97/2003.
LawToday:
"10. National Parks Advisory Council www.dms.
dpc.vic.
For the purposes of this Act, there is a gov.au
National Parks Advisory Council consisting
10
of 10 members of whom--
(a) one is the Secretary or his or her
nominee;
(b) one is the Director;
(c) eight are appointed by the Governor in
15
Council of whom--
(i) two must be persons with skills or
experience relating to the
preservation and the protection of
parks;
20
(ii) one must be a person who is a
professor or teacher of ecology,
biology or earth science at a
university in Victoria;
(iii) one must be a person with
25
experience in local government
who resides in a municipality in
which there is a park;
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(iv) four must be persons (at least two
of whom reside outside the
metropolitan area, as defined in
section 201 of the Melbourne
Victorian Legislation Parliamentary Documents
and Metropolitan Board of
5
Works Act 1958) with experience
in matters affecting the interests of
the community.".
4. Repeal of ability of Council to act as committee of
management
10
Section 11(1)(b) of the National Parks Act 1975
is repealed.
5. Repeal of power to appoint Council as committee of
management
Section 12 of the National Parks Act 1975 is
15
repealed.
6. Substitution of section 25B
For section 25B of the National Parks Act 1975
substitute--
"25B. Harvesting of a pine plantation in Lake
20
Eildon National Park
Where the harvesting of a pine plantation is
authorised by Part 7 of Schedule Two, the
Secretary, with the consent of the Minister,
may grant a licence to any person to take,
25
sell or otherwise dispose of any such pine
plantation, subject to such covenants, terms
and conditions as are prescribed and subject
to the payment of such rent, fees, royalties or
charges as the Secretary determines.".
30
7. Repeal of power to enter into cattle grazing
agreements at Mornington Peninsula National Park
Section 30(2) of the National Parks Act 1975 is
repealed.
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8. Repeal of reporting requirements for certain parks
Section 30L of the National Parks Act 1975 is
repealed.
Victorian Legislation Parliamentary Documents
9. Repeal of section 32A
Section 32A of the National Parks Act 1975 is
5
repealed.
10. Alpine Advisory Committee
For section 32AE(3) of the National Parks Act
1975 substitute--
"(3) The Alpine Advisory Committee consists of
10
16 persons appointed by the Minister
comprising--
(a) a person to be the chairperson;
(b) five persons who have skills or
experience relating to the preservation
15
and protection of the park;
(c) five persons who have skills or
experience relating to the recreational
use of the park;
(d) one person who has skills or experience
20
relating to commercial tourism
activities in the park;
(e) two persons who have skills or
experience relating to the grazing of
cattle in the park;
25
(f) two persons who have skills or
experience in local government and
who reside in municipalities in which
any part of the park is situated.".
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11. Tenancies for surf lifesaving purposes
(1) In section 32B(1)(b) of the National Parks Act
1975--
Victorian Legislation Parliamentary Documents
(a) for "the Surf Lifesaving Association of
Australia, Victorian State Centre (being a
5
company within the meaning of the
Corporations Act that is taken to be
registered in Victoria)" substitute "Surf Life
Saving Victoria";
(b) for "and which is affiliated with the company
10
aforesaid" substitute "and which is affiliated
with Surf Life Saving Victoria".
(2) After section 32B(1) of the National Parks Act
1975 insert--
"(1A) The Minister may, in writing, grant tenancies
15
of land in any specified park that is abutting
on or adjacent to the coastline of Victoria to
Surf Life Saving Victoria, for use, by the
members of a club that is affiliated with Surf
Life Saving Victoria, for surf lifesaving
20
purposes.".
(3) In section 32B(2) of the National Parks Act
1975, after "(1)" insert "or (1A)".
(4) In section 32B(3) of the National Parks Act
1975, after "(1)" insert "or (1A)".
25
(5) At the end of section 32B of the National Parks
Act 1975 insert--
'(4) In this section--
"specified park" means--
(a) the park described in Part 4 of
30
Schedule Two; or
(b) the park described in Part 21 of
Schedule Two; or
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(c) the park described in Part 15 of
Schedule Three;
"surf lifesaving purposes" means purposes
connected with the patrolling of any
Victorian Legislation Parliamentary Documents
part of the coastline of Victoria by
5
persons for the purpose of assisting
other persons in difficulty in water and
includes using land for accommodation
and facilities associated with the
patrolling and assisting activities;
10
"Surf Life Saving Victoria" means
Surf Life Saving Victoria
ACN 004 704 652.
(5) Despite the commencement of section 9 of
the National Parks (Additions and Other
15
Amendments) Act 2004, any tenancy in
force under section 32A (as in force
immediately before that commencement)
continues in force on and from that
commencement as if it were a tenancy
20
granted under this section.'.
12. Repeal of powers to grant certain tenancies at
Arthurs Seat State Park
Section 32C of the National Parks Act 1975 is
repealed.
25
13. Authorities to search for minerals
In section 32D(1)(c) of the National Parks Act
1975, for "Schedule Four" substitute "Schedule
Two".
14. Repeal of power to issue grazing licences at
30
Lysterfield Park
Section 32FA of the National Parks Act 1975 is
repealed.
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15. Repeal of exceptions on prohibition on carrying or
using spear guns in certain parks
Section 44(3) and section 44(4) of the National
Parks Act 1975 are repealed.
Victorian Legislation Parliamentary Documents
16. Repeal of spent transitional provisions
5
Section 45A(9), section 45A(10), section 45A(11)
and section 45A(12) of the National Parks Act
1975 are repealed.
17. Repeal of spent transitional provisions
(1) Sections 50, 50A and 50B of the National Parks
10
Act 1975 are repealed.
(2) Section 50F(3) and section 50F(4) of the National
Parks Act 1975 are repealed.
(3) Sections 50G, 50H, 50J and 53 of the National
Parks Act 1975 are repealed.
15
18. Substitution of section 59
For section 59 of the National Parks Act 1975
substitute--
"59. Savings of appointments--National Parks
Advisory Council--2004 Act
20
Despite the commencement of section 3 of
the National Parks (Additions and Other
Amendments) Act 2004--
(a) the National Parks Advisory Council is
deemed to be the same body on and
25
after the commencement of section 3 of
that Act as it was before that
commencement; and
(b) a person who was a member of the
National Parks Advisory Council
30
immediately before that
commencement is deemed to continue
to be a member of the Council on and
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s. 18
from the commencement (subject to the
conditions of that person's appointment)
until the expiry of that person's term of
appointment.
Victorian Legislation Parliamentary Documents
60. Savings of appointments--Alpine
5
Advisory Committee--2004 Act
Despite the commencement of section 10 of
the National Parks (Additions and Other
Amendments) Act 2004--
(a) the Alpine Advisory Committee is
10
deemed to be the same body on and
after the commencement of section 10
of that Act as it was before that
commencement; and
(b) a person who was a member of the
15
Alpine Advisory Committee
immediately before that
commencement is deemed to continue
to be a member of the Committee on
and from the commencement (subject
20
to the conditions of that person's
appointment) until the expiry of that
person's term of appointment.
61. Rights to cease--roads--2004 Act
(1) On the commencement of a sub-section of
25
section 19 of the National Parks (Additions
and Other Amendments) Act 2004 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
30
Office the number of which is referred to in
Column 2 of the Table opposite the sub-
section of section 19, cease to be roads or
parts of roads or road reserves and all rights,
easements and privileges existing or claimed,
35
either by the public or any other body, and
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incidental to any express or implied grant or
past dedication or supposed dedication or
any past user or fiction of law cease and
determine.
Victorian Legislation Parliamentary Documents
TABLE
Column 1 Column 2
Section 19(1) N.P. 22/4
Section 19(2) N.P. 83/4
Section 19(3) N.P. 12/3
Section 19(4) N.P. 13/2
Section 19(5) N.P. 19/4
Section 19(7) N.P. 42A/1
Section 19(8) N.P. 61/3
Section 19(9) N.P. 105A/1
Section 19(10) N.P. 106/1
(2) On the commencement of section 20(4) of
5
the National Parks (Additions and Other
Amendments) Act 2004, the lands
delineated and coloured yellow on the plan
numbered N.P. 87/2 lodged in the Central
Plan Office cease to be roads or parts of
10
roads or road reserves and all rights,
easements and privileges existing or claimed,
either by the public or any other body, and
incidental to any express or implied grant or
past dedication or supposed dedication or
15
any past user or fiction of law cease and
determine.
(3) On the commencement of a sub-section of
section 21 of the National Parks (Additions
and Other Amendments) Act 2004 referred
20
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
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Office the number of which is referred to in
Column 2 of the Table opposite the sub-
section of section 21, cease to be roads or
parts of roads or road reserves and all rights,
Victorian Legislation Parliamentary Documents
easements and privileges existing or claimed,
5
either by the public or any other body, and
incidental to any express or implied grant or
past dedication or supposed dedication or
any past user or fiction of law cease and
determine.
10
TABLE
Column 1 Column 2
Section 21(1) N.P. 38A/3
Section 21(1) N.P. 38B/2
Section 21(3) N.P. 52/5
62. Rights to cease--reserved forest--2004
Act
(1) On the commencement of a sub-section of
section 19 of the National Parks (Additions
and Other Amendments) Act 2004 referred
15
to in Column 1 of the Table to this sub-
section, the lands delineated and coloured
green or coloured brown on the plan lodged
in the Central Plan Office the number of
which is referred to in Column 2 of the Table
20
opposite the sub-section of section 19, cease
to be reserved forest.
TABLE
Column 1 Column 2
Section 19(1) N.P. 22/4
Section 19(3) N.P. 12/3
Section 19(4) N.P. 13/2
Section 19(7) N.P. 42A/1
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Column 1 Column 2
Section 19(9) N.P. 105A/1
Section 19(9) N.P. 105B/1
Victorian Legislation Parliamentary Documents
Section 19(10) N.P. 106/1
(2) On the commencement of a sub-section of
section 20 of the National Parks (Additions
and Other Amendments) Act 2004 referred
to in Column 1 of the Table to this sub-
section, the lands delineated and coloured
5
green on the plan lodged in the Central Plan
Office the number of which is referred to in
Column 2 of the Table opposite the sub-
section of section 20, cease to be reserved
forest.
10
TABLE
Column 1 Column 2
Section 20(5) N.P. 65/1
Section 20(6) N.P. 89A
(3) On the commencement of section 21(1) of
the National Parks (Additions and Other
Amendments) Act 2004, the lands
delineated and coloured green on the plan
numbered N.P. 38B/2 lodged in the Central
15
Plan Office cease to be reserved forest.
63. Heathcote-Graytown National Park--
Land not affected by enactment of 2002
Act
Section 12 of the National Parks (Box-
20
Ironbark and Other Parks) Act 2002 is
deemed to have been enacted as if the plan,
lodged in the Central Plan Office and
numbered N.P. 106 (as referred to in Part 42
of Schedule Two to this Act, as inserted by
25
section 12 of that Act), did not include, as
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part of the park described in Part 42 of
Schedule Two, the lands shown hatched on
the plan lodged in the Central Plan Office
and numbered N.P. 106/1, being Crown
Victorian Legislation Parliamentary Documents
Allotments 2, 3, 5, 6, 7 and 8, Section 28,
5
Township of Graytown, Parish of
Moormbool East, and Crown Allotment 75,
Parish of Moormbool East.
64. Registrar of Titles to make necessary
amendments to records
10
The Registrar of Titles, on being requested to
do so and on submission of any relevant
certificate of title or other document, must
make any amendments to the Register under
the provisions of the Transfer of Land Act
15
1958 that are necessary because of the
operation of any provision of the National
Parks (Additions and Other Amendments)
Act 2004.".
Division 2--Amendments Related to Parks and Other Areas
20
19. Amendment of Schedule Two
(1) In Part 3 of Schedule Two to the National Parks
Act 1975--
(a) for "1522 hectares" substitute "2015
hectares";
25
(b) for "bordered red, excepting therefrom the
roads shown as excluded" substitute
"coloured pink or coloured green or coloured
yellow";
(c) for "N.P. 22/3" substitute "N.P. 22/4";
30
(d) for "and also excepting from it the Tarra
Valley Road" substitute "excepting
therefrom the Tarra Valley Road".
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(2) In Part 15 of Schedule Two to the National Parks
Act 1975--
(a) for "11 100 hectares" substitute "11 160
hectares";
Victorian Legislation Parliamentary Documents
(b) after "situate" insert "partly";
5
(c) for "coloured pink" (where first occurring)
substitute "coloured pink or coloured
yellow";
(d) for "N.P. 83/3" substitute "N.P. 83/4".
(3) In Part 16 of Schedule Two to the National Parks
10
Act 1975--
(a) for "396 hectares" substitute "565 hectares";
(b) for "bordered red" substitute "coloured pink
or coloured green or coloured yellow";
(c) omit "prepared by the Surveyor-General";
15
(d) for "N.P. 12/2" substitute "N.P. 12/3".
(4) In Part 18 of Schedule Two to the National Parks
Act 1975--
(a) for "5470 hectares" substitute "8375
hectares";
20
(b) for "bordered red" substitute "coloured pink
or coloured green";
(c) omit "excepting therefrom the road shown as
excluded";
(d) for "N.P. 13/1" substitute "N.P. 13/2".
25
(5) In Part 25 of Schedule Two to the National Parks
Act 1975--
(a) for "357 017 hectares" substitute "361 770
hectares";
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(b) for "bordered red excepting therefrom the
roads shown as excluded also excepting
therefrom land bordered blue in plans"
substitute "coloured pink or coloured yellow
Victorian Legislation Parliamentary Documents
in the plan";
5
(c) for "N.P. 19/3 and N.P. 19A" substitute
"N.P. 19/4".
(6) In Part 28 of Schedule Two to the National Parks
Act 1975--
(a) for "875 km2" substitute "87 790 hectares";
10
(b) for "N.P. 30/5" substitute "N.P. 30/6".
(7) In Part 30 of Schedule Two to the National Parks
Act 1975--
(a) for "21 565 hectares" substitute "21 560
hectares";
15
(b) for "N.P. 42/4 and N.P. 42A" substitute
"N.P. 42/5 and N.P. 42A/1".
(8) In Part 34 of Schedule Two to the National Parks
Act 1975--
(a) for "167 219 hectares" substitute "167 745
20
hectares";
(b) for "bordered red" substitute "coloured
pink";
(c) for "also excepting therefrom the land
bordered blue in the plans" substitute "in a
25
plan";
(d) for "N.P. 61/2 and N.P. 61C" substitute
"N.P. 61/3".
(9) In Part 41 of Schedule Two to the National Parks
Act 1975--
30
(a) for "17 000 hectares" substitute "17 020
hectares";
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(b) omit "or coloured grey";
(c) omit "excepting therefrom the roads shown
as excluded";
Victorian Legislation Parliamentary Documents
(d) for "N.P. 105A and N.P. 105B" substitute
"N.P. 105A/1 and N.P. 105B/1";
5
(e) after "the land surface" insert "and, in the
case of that part of Crown Allotments 260K
and 260U, Section H, Parish of Sandhurst
that is included in the park and that is at or
above a depth of 100 metres below the land
10
surface".
(10) In Part 42 of Schedule Two to the National Parks
Act 1975--
(a) omit "or coloured green";
(b) for "N.P. 106" substitute "N.P. 106/1".
15
20. Amendment of Schedule Two B
(1) In Part 1 of Schedule Two B to the National
Parks Act 1975, omit the paragraph commencing
with the words "Notwithstanding the declaration
of the land as a park" and ending with the words
20
"park management activities.".
(2) In Part 2 of Schedule Two B to the National
Parks Act 1975--
(a) for "572 hectares" substitute "558 hectares";
(b) for "bordered black and, within that border,
25
coloured pink or yellow" substitute
"coloured pink";
(c) for "N.P. 36/5" substitute "N.P. 36/6".
(3) In Part 3 of Schedule Two B to the National
Parks Act 1975, omit the paragraph commencing
30
with the words "Notwithstanding" and ending
with the words "may be harvested.".
16
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s. 20
(4) In Part 5 of Schedule Two B to the National
Parks Act 1975--
(a) for "16 560 hectares" substitute "16 655
hectares";
Victorian Legislation Parliamentary Documents
(b) for "bordered red or bordered green"
5
substitute "coloured pink or coloured
yellow";
(c) omit ", excepting therefrom the roads shown
as excluded, also excepting therefrom land
delineated and bordered blue";
10
(d) for "N.P. 87/1" substitute "N.P. 87/2".
(5) In Part 16 of Schedule Two B to the National
Parks Act 1975--
(a) for "2695 hectares" substitute "3000
hectares";
15
(b) for "bordered red or bordered green or
coloured yellow" substitute "coloured pink
or coloured green";
(c) omit "excepting therefrom the roads shown
as excluded also excepting therefrom land
20
bordered blue";
(d) for "N.P. 65" substitute "N.P. 65/1".
(6) In Part 17 of Schedule Two B to the National
Parks Act 1975--
(a) for "142.5 km2" substitute "20 180
25
hectares";
(b) for "Coornmill and Myrniong" substitute
"Coornmill, Myrniong and Yangardook";
(c) for "in a plan" substitute "or coloured pink
or coloured green in plans";
30
(d) after "N.P. 89/2" insert "and N.P. 89A";
17
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Part 2--Amendments to the National Parks Act 1975
s. 20
(e) omit--
(i) the paragraph beginning with
"Notwithstanding" and ending with "the
following conditions:"; and
Victorian Legislation Parliamentary Documents
(ii) the paragraph beginning with
5
"Extraction" and ending with
"condition of the forest.".
(7) In Part 19 of Schedule Two B to the National
Parks Act 1975--
(a) for "6292 hectares" substitute "6330
10
hectares";
(b) omit "(including the land bordered green on
plan LEGL/93120)";
(c) for "bordered red or bordered green"
substitute "coloured pink";
15
(d) for "the roads shown as excluded also
excepting therefrom land bordered blue
or coloured brown also excepting
therefrom the land coloured green on
plan No. LEGL/93120 and" substitute "the
20
land delineated and coloured brown";
(e) for "N.P. 66" substitute "N.P. 66/1".
(8) In Part 20 of Schedule Two B to the National
Parks Act 1975--
(a) for "5061 hectares" substitute "7470
25
hectares";
(b) after "Gymbowen" insert ", Kalingur";
(c) for "bordered red or coloured yellow"
substitute "coloured pink";
(d) omit "excepting therefrom the roads shown
30
as excluded";
(e) for "N.P. 81/2" substitute "N.P. 81/3.".
18
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 21
21. Amendment of Schedule Three
(1) In Part 1 of Schedule Three to the National Parks
Act 1975--
Victorian Legislation Parliamentary Documents
(a) for "BEECHWORTH PARK" substitute
"BEECHWORTH HISTORIC PARK";
5
(b) for "1 080 hectares" substitute "1090
hectares";
(c) for "Beechworth and El Dorado" substitute
"Beechworth, El Dorado and Stanley";
(d) for "bordered red excepting therefrom the
10
roads shown as excluded also excepting
therefrom land bordered blue" substitute
"coloured pink or coloured green or coloured
yellow";
(e) for "N.P. 38A/2 and N.P. 38B/1" substitute
15
"N.P. 38A/3 and N.P. 38B/2";
(f) omit ", also excepting therefrom the land
indicated by hatching on a plan lodged in
the Central Plan Office and numbered
N.P. 38C".
20
(2) In Part 4 of Schedule Three to the National Parks
Act 1975--
(a) for "704 hectares" substitute "820 hectares";
(b) for "bordered red excepting therefrom the
land bordered blue" substitute "coloured
25
pink";
(c) for "N.P. 75/1" substitute "N.P. 75/2".
(3) In Part 13 of Schedule Three to the National
Parks Act 1975--
(a) for "STEIGLITZ PARK" substitute
30
"STEIGLITZ HISTORIC PARK";
(b) for "469 hectares" substitute "425 hectares";
19
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Part 2--Amendments to the National Parks Act 1975
s. 22
(c) for "Parish of Durdidwarrah" substitute
"Parishes of Durdidwarrah and Moreep";
(d) for "bordered red excepting therefrom the
roads shown as excluded also excepting
Victorian Legislation Parliamentary Documents
therefrom the land bordered blue" substitute
5
"coloured pink or coloured yellow excepting
therefrom the road shown as excluded";
(e) for "N.P. 52/4" substitute "N.P. 52/5".
22. Amendment of Schedule Four
In Part 8 of Schedule Four to the National Parks
10
Act 1975--
(a) for "7500 hectares" substitute "7540
hectares";
(b) omit "or coloured green or coloured yellow";
(c) omit "of the Department of Natural
15
Resources and Environment";
(d) for "N.P. 109A, N.P. 109B and N.P. 109C"
substitute "N.P. 109A/1, N.P. 109B/1 and
N.P. 109C/1".
23. Amendment of Schedule Six
20
In Part 17 of Schedule Six to the National Parks
Act 1975--
(a) for "6500 hectares" substitute "6200
hectares";
(b) for "N.P.R.N.A. 17" substitute "N.P.R.N.A.
25
17/1".
24. Further amendments to the National Parks Act 1975
The National Parks Act 1975 is amended as set
out in Schedule 1.
__________________
20
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 25
See:
PART 3--AMENDMENTS TO THE CROWN LAND
Act No. 9212.
(RESERVES) ACT 1978 Reprint No. 6
as at
1 December
Victorian Legislation Parliamentary Documents
Division 1--General Amendments to the Crown Land 2001
and
(Reserves) Act 1978 amending
Act Nos
11/2002 and
25. Definitions
5 50/2002.
LawToday:
In section 3 of the Crown Land (Reserves) Act www.dms.
1978 insert the following definition-- dpc.vic.
gov.au
' "Central Plan Office" means the Central Plan
Office of the Department of Sustainability
and Environment;'.
10
26. Secretary to manage Castlemaine Diggings National
Heritage Park
In section 18(1A) of the Crown Land (Reserves)
Act 1978, for "land described in section 31"
substitute "land described in Division 1 of Part 2
15
of the Fifth Schedule".
27. Insertion of new heading in Part 6
After the heading to Part 6 of the Crown Land
(Reserves) Act 1978 insert--
"Division 1--Miscellaneous Reserves".
20
28. Repeal of certain sections
Sections 31, 32, 40, 42 and 43 of the Crown
Land (Reserves) Act 1978 are repealed.
29. Amendment of reference to Central Plan Office
In sections 35, 36, 37, 38, 39 and 41 of the Crown
25
Land (Reserves) Act 1978, omit "of the
Department of Natural Resources and
Environment".
21
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
30. Insertion of new Divisions 2, 3 and 4 in Part 6
For section 44 of the Crown Land (Reserves)
Act 1978 substitute--
Victorian Legislation Parliamentary Documents
"Division 2--Fifth Schedule Reserves
44. Land in Part 1 of Fifth Schedule deemed
5
to be nature conservation reserves
Each area of land described in a Division of
Part 1 of the Fifth Schedule is deemed to be
reserved under section 4 for public purposes
being, in particular, the purposes of nature
10
conservation 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.
45. Land in Part 2 of Fifth Schedule deemed
15
to be cultural and natural heritage
reserves
Each area of land described in a Division of
Part 2 of the Fifth Schedule is deemed to be
reserved under section 4 for public purposes
20
being, in particular, the purposes of the
protection of cultural and natural heritage
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.
25
46. Land in Part 3 of Fifth Schedule deemed
to be natural features reserves
Each area of land described in a Division of
Part 3 of the Fifth Schedule is deemed to be
reserved under section 4 for public purposes,
30
being in particular, the purposes of the
protection of natural features 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.
35
22
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Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
47. Land in Part 4 of Fifth Schedule deemed
to be historic and cultural features
reserves
Each area of land described in a Division of
Victorian Legislation Parliamentary Documents
Part 4 of the Fifth Schedule is deemed to be
5
reserved under section 4 for public purposes,
being in particular, the purposes of the
protection of historic and cultural features
and may be described in or under this or any
other Act or in any other document by the
10
name set out as the heading to the Division.
Division 3--Transitional Provisions Relating to
Reserves
48. Cessation of interests and rights--2004
Act
15
(1) On the commencement of Division 1 of
Part 3 of the National Parks (Additions
and Other Amendments) Act 2004--
(a) any reservation, under this or any other
Act, of an area of land described in a
20
Division of a Part of the Fifth Schedule
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
25
of land, immediately before that
commencement, are revoked in so far
as they apply to the land; and
(c) subject to paragraph (d), the land is
deemed to be freed and discharged
30
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests in or applying to any part of
the land immediately before that
commencement; and
35
23
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
(d) despite anything to the contrary in this
Act, any licence, permit or other
authority over any part of the land
under this Act, the Extractive
Victorian Legislation Parliamentary Documents
Industries Development Act 1995, the
5
Forests Act 1958, the Land Act 1958,
the Mineral Resources Development
Act 1990, the Petroleum Act 1998 or
the Water Act 1989 and in force
immediately before that
10
commencement continues in force on
and after that commencement subject to
its terms and conditions.
(2) On the commencement of Division 1 of
Part 3 of the National Parks (Additions
15
and Other Amendments) Act 2004, the
lands delineated and coloured yellow on the
plans lodged in the Central Plan Office and
numbered LEGL./04032, LEGL./04036,
LEGL./04039, LEGL./04040,
20
LEGL./04042 and LEGL./04043 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 other body and incidental to any express
25
or implied grant or past dedication or
supposed dedication or any past user or
fiction of law cease and determine.
(3) On the commencement of Division 1 of
Part 3 of the National Parks (Additions
30
and Other Amendments) Act 2004, the
lands delineated and coloured green on the
plans lodged in the Central Plan Office and
numbered LEGL./04033, LEGL./04034,
LEGL./04037, LEGL./04038 and
35
LEGL./04040 cease to be reserved forest.
24
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
(4) On the commencement of Division 1 of
Part 3 of the National Parks (Additions
and Other Amendments) Act 2004, the
lands delineated and coloured brown on the
Victorian Legislation Parliamentary Documents
plans lodged in the Central Plan Office and
5
numbered LEGL./04034 and
LEGL./04040 cease to be reserved forest.
49. Castlemaine Diggings National Heritage
Park, Tungamah and Youarang Natural
Features Reserves--Land not affected by
10
enactment of 2002 Act
(1) Section 18 of the National Parks (Box-
Ironbark and Other Parks) Act 2002 is
deemed to have been enacted as if the plan,
lodged in the Central Plan Office and
15
numbered N.P. 109A (as referred to in
section 31, as inserted by section 18 of that
Act), did not include, as part of the land
described in section 31, the land shown
hatched on the plan lodged in the Central
20
Plan Office and numbered N.P. 109A/1,
being Crown Allotment 23B, Section A2,
Parish of Faraday.
(2) Section 18 of the National Parks (Box-
Ironbark and Other Parks) Act 2002 is
25
deemed to have been enacted as if the plan,
lodged in the Central Plan Office and
numbered N.P. 109B (as referred to in
section 31, as inserted by section 18 of that
Act), did not include, as part of the land
30
described in section 31, the land shown
hatched on the plan lodged in the Central
Plan Office and numbered N.P. 109B/1,
being--
25
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Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
(a) Crown Allotment 25, Section B3,
Parish of Castlemaine; and
(b) Crown Allotment 1, Section 14, Parish
of Fryers; and
Victorian Legislation Parliamentary Documents
(c) Crown Allotment 10A, Section 3B,
5
Township of Fryerstown, Parish of
Fryers.
(3) Section 18 of the National Parks (Box-
Ironbark and Other Parks) Act 2002 is
deemed to have been enacted as if the plan,
10
lodged in the Central Plan Office and
numbered N.P. 109C (as referred to in
section 31, as inserted by section 18 of that
Act), did not include, as part of the land
described in section 31, the land shown
15
hatched on the plan lodged in the Central
Plan Office and numbered N.P. 109C/1,
being Crown Allotment 6A, Section 3A,
Parish of Fryers.
(4) Section 18 of the National Parks (Box-
20
Ironbark and Other Parks) Act 2002 is
deemed to have been enacted as if the plan,
lodged in the Central Plan Office and
numbered LEGL./02074 (as referred to in
section 40, as inserted by section 18 of that
25
Act), did not include, as part of the reserve
described in section 40, the land shown
hatched on the plan lodged in the Central
Plan Office and numbered LEGL./04039,
being Crown Allotment 1, Section 10A,
30
Township of Lake Rowan, Parish of
Karrabumet.
26
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
(5) Section 18 of the National Parks (Box-
Ironbark and Other Parks) Act 2002 is
deemed to have been enacted as if the plan,
lodged in the Central Plan Office and
Victorian Legislation Parliamentary Documents
numbered LEGL./02076 (as referred to in
5
section 42, as inserted by section 18 of that
Act), did not include, as part of the reserve
described in section 42, the land shown
hatched on the plan lodged in the Central
Plan Office and numbered LEGL./04043,
10
being--
(a) Crown Allotment 7, Section A, Parish
of Youarang; and
(b) Crown Allotment 21A, Section A,
Parish of Waggarandall.
15
Division 4--Miscellaneous
50. Registrar of Titles to make necessary
amendments to records
The Registrar of Titles, on being requested to
do so and on submission of any relevant
20
certificate of title or other document, must
make any amendments to the Register under
the provisions of the Transfer of Land Act
1958 that are necessary because of the
operation of any provision of the National
25
Parks (Additions and Other Amendments)
Act 2004.".
31. Further amendments to the Crown Land (Reserves)
Act 1978
The Crown Land (Reserves) Act 1978 is
30
amended as set out in Schedule 2.
27
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 32
Division 2--Amendments Related to Additions to Wychitella
Nature Conservation Reserve
32. Addition of land to Wychitella Nature Conservation
Victorian Legislation Parliamentary Documents
Reserve
In Division 8 of Part 1 of the Fifth Schedule to
5
the Crown Land (Reserves) Act 1978, omit
", excluding the areas delineated and coloured
pink and hatched on that plan".
33. Insertion of new section 49A
After the heading to Division 4 of Part 6 of the
10
Crown Land (Reserves) Act 1978 insert--
"49A. Transitional Provision--Addition to
Wychitella Nature Conservation Reserve
On the commencement of Division 2 of
Part 3 of the National Parks (Additions
15
and Other Amendments) Act 2004--
(a) any reservation, under this or any other
Act, of an area of the land delineated
and coloured pink and hatched on the
plan numbered LEGL./04042, that
20
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
of land, immediately before that
25
commencement, are revoked in so far
as they apply to the land; and
(c) subject to paragraph (d), the land is
deemed to be freed and discharged
from all trusts, limitations, reservations,
30
restrictions, encumbrances, estates and
interests in or applying to any part of
the land immediately before that
commencement; and
28
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Act No.
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 33
(d) despite anything to the contrary in this
Act, any licence, permit or other
authority over any part of the land
under this Act, the Extractive
Victorian Legislation Parliamentary Documents
Industries Development Act 1995, the
5
Land Act 1958, the Mineral
Resources Development Act 1990 or
the Petroleum Act 1998 and in force
immediately before that
commencement continues in force on
10
and after that commencement subject to
its terms and conditions.".
__________________
29
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Part 4--Amendments to Other Acts
s. 34
See: PART 4--AMENDMENTS TO OTHER ACTS
Act No.
92/1990.
34. Amendment of Schedule 3 to the Mineral Resources
Reprint No. 5
as at
Victorian Legislation Parliamentary Documents
Development Act 1990--Interpretation of restricted
23 August
Crown land
2001
and
(1) For clause 1 of Schedule 3 to the Mineral
5 amending
Act Nos
Resources Development Act 1990 substitute--
71/2001,
82/2001,
'(1) In this Schedule--
40/2002,
50/2002 and
"relevant recommendation" means a
58/2003.
recommendation that proposes that land is to be
LawToday:
10 reserved under the Crown Land (Reserves)
www.dms.
dpc.vic. Act 1978 for any of the following purposes--
gov.au
(a) regional parks;
(b) coastal parks (including Gippsland Lakes
Reserve);
15 (c) marine parks;
(d) flora or flora and fauna reserves;
(e) wildlife reserves (including Wildlife
Management Co-Operative Areas);
(f) natural features and scenic reserves
20 (including caves and geological
reserves);
(g) bushland reserves;
(h) historic areas or historic reserves;
(i) public land water frontage reserves;
25 (j) streamside reserves (including River
Murray Reserve);
(k) coastal reserves;
(l) national heritage parks;
(m) nature conservation reserves;
30 (n) historic and cultural features reserves.
30
551172B.I1-4/6/2004 BILL LA CIRCULATION 4/6/2004
National Parks (Additions and Other Amendments) Act 2004
Act No.
Part 4--Amendments to Other Acts
s. 35
(1A) Any land that is the subject of a relevant
recommendation of the Victorian Environmental
Assessment Council that has been accepted by the
Government under Part 3 of the Victorian
5 Environmental Assessment Council Act 2001.
Victorian Legislation Parliamentary Documents
(1B) Any land--
(a) to which sub-clause (1A) does not apply; and
(b) that is not the subject of any other
recommendation of the Victorian
10 Environmental Assessment Council that has
been accepted by the Government under Part 3
of the Victorian Environmental Assessment
Council Act 2001--
if that land is the subject of a relevant
15 recommendation of the Land Conservation Council
under section 5(1) of the Land Conservation Act
1970 (as in force before its repeal) of which notice
has been given by the Governor in Council under
section 10(3) of that Act (as so in force).'.
(2) For clause 4A of Schedule 3 to the Mineral
20
Resources Development Act 1990 substitute--
"4A. Any land that is described in section 37, 38, 39 or 41
of the Crown Land (Reserves) Act 1978 or
Divisions 1 and 2 of Part 3 and Division 1 of Part 4 of
25 the Fifth Schedule to the Crown Land (Reserves)
Act 1978".
See:
35. Amendment of the Forests Act 1958 Act No.
6254.
Section 62(1A)(a) of the Forests Act 1958 is Reprint No. 8
repealed. as at
1 January
2003
and
amending
Act No.
97/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
31
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Part 4--Amendments to Other Acts
s. 36
36. Amendment of the National Parks (Amendment)
See:
Act 1989
Act No.
38/1989.
LawToday: In section 29(3) of the National Parks
www.dms.
(Amendment) Act 1989--
Victorian Legislation Parliamentary Documents
dpc.vic.
gov.au
(a) for "6470 hectares" substitute "6510
5
hectares";
(b) for "bordered red or bordered green"
substitute "coloured pink";
(c) omit "and the roads shown as excluded also
excepting therefrom land bordered blue";
10
(d) omit "of the Department of Property and
Services";
(e) for "N.P. 66" substitute "N.P. 66/1".
__________________
32
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
Victorian Legislation Parliamentary Documents
INSERTION OF SCHEDULE ONE A IN THE NATIONAL
PARKS ACT 1975
5 After Schedule One to the National Parks Act 1975
insert--
'SCHEDULE ONE A
NATIVE TITLE NOT AFFECTED
1. Definitions
10 In this Schedule--
"affect" has the same meaning as in the Native
Title Act 1993 of the Commonwealth;
"native title rights and interests" has the same
meaning as in the Native Title Act 1993 of
15 the Commonwealth.
2. Native Title not affected by the National Parks
(Additions and Other Amendments) Act 2004
(1) The amendments made to this Act by the
National Parks (Additions and Other
20 Amendments) Act 2004 are not intended to
affect native title rights and interests.
(2) Sub-section (1) does not apply in any case where
native title rights and interests are affected or are
authorised to be affected by or under the Native
25 Title Act 1993 of the Commonwealth.'.
__________________
33
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Sch. 2
SCHEDULE 2
INSERTION OF FIFTH SCHEDULE IN THE CROWN LAND
Victorian Legislation Parliamentary Documents
(RESERVES) ACT 1978
After the Fourth Schedule to the Crown Land (Reserves)
5 Act 1978 insert--
"FIFTH SCHEDULE
PART 1--NATURE CONSERVATION
RESERVES
DIVISION 1--GLENMAGGIE NATURE
10 CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on
the plan lodged in the Central Plan Office and numbered
LEGL./04033.
DIVISION 2--GOBARUP NATURE
15 CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on
the plan lodged in the Central Plan Office and numbered
LEGL./04034.
DIVISION 3--JILPANGER NATURE
20 CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./04035.
DIVISION 4--MARBLE GULLY-MOUNT TAMBO
NATURE CONSERVATION RESERVE
25 The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./04036.
DIVISION 5--MOUNT ELIZABETH NATURE
CONSERVATION RESERVE
30 The land delineated and coloured pink or coloured green on
the plan lodged in the Central Plan Office and numbered
LEGL./04037.
34
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Sch. 2
DIVISION 6--TALLAGEIRA NATURE
CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on
the plan lodged in the Central Plan Office and numbered
Victorian Legislation Parliamentary Documents
5 LEGL./04038.
DIVISION 7--WEHLA NATURE CONSERVATION
RESERVE
The land delineated and coloured pink or coloured green or
coloured yellow on the plan lodged in the Central Plan
10 Office and numbered LEGL./04040.
DIVISION 8--WYCHITELLA NATURE
CONSERVATION RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
15 LEGL./04042, excluding the areas delineated and coloured
pink and hatched on that plan.
PART 2--CULTURAL AND NATURAL
HERITAGE RESERVES
DIVISION 1--CASTLEMAINE DIGGINGS
20 NATIONAL HERITAGE PARK
All those pieces and parcels of land containing 7540
hectares, more or less, situate in the Township of
Freyerstown and the Parishes of Castlemaine, Chewton,
Faraday, Fryers, Holcombe and Yandoit, County of Talbot,
25 being the land delineated and coloured pink in plans lodged
in the Central Plan Office and numbered N.P. 109A/1,
N.P. 109B/1 and N.P. 109C/1, to the extent that that land is
at or above a depth of 100 metres below the land surface.
PART 3--NATURAL FEATURES RESERVES
30 DIVISION 1--TUNGAMAH NATURAL FEATURES
RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./04039.
35
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National Parks (Additions and Other Amendments) Act 2004
Act No.
Sch. 2
DIVISION 2--YOUARANG NATURAL FEATURES
RESERVE
The land delineated and coloured pink or coloured yellow
on the plan lodged in the Central Plan Office and numbered
Victorian Legislation Parliamentary Documents
5 LEGL./04043.
PART 4--HISTORIC AND CULTURAL
FEATURES RESERVES
DIVISION 1--ELDORADO HISTORIC RESERVE
The land delineated and coloured pink or coloured yellow
10 on the plan lodged in the Central Plan Office and numbered
LEGL./04032.".
36
551172B.I1-4/6/2004 BILL LA CIRCULATION 4/6/2004
National Parks (Additions and Other Amendments) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
37
551172B.I1-4/6/2004 BILL LA CIRCULATION 4/6/2004
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