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PARLIAMENT OF VICTORIA
National Parks (Otways and Other Amendments)
Act 2005
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
Division 1--General Amendments to the National Parks Act 1975 3
3. Definitions 3
4. Insertion of new section 29B 5
29B. Lighthouse leases--Great Otway National Park 5
5. Protection of access rights--Great Otway National Park 7
6. Consequential repeals--Port Campbell National Park and
other land 7
7. Protection of designated water supply catchment areas 8
8. Substitution of sections 32I to 32K 8
32I. Management agreements with managing water
authorities 8
32J. Access to property in designated water supply
catchment areas 11
32K. Control and management of structures and installations
in designated water supply catchment areas 11
9. Substitution of sections 32M and 32N 12
32M. Determination of disputes 12
32N. Restricted areas in designated water supply catchment
areas 12
10. Insertion of new sections 32P and 32Q 14
32P. Land to be included in parks--Great Ocean Road etc. 14
32Q. Land to be included in Great Ocean Road etc. 17
11. Bambra Road Quarry--Great Otway National Park 18
12. Repeal of spent section 18
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551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
Clause Page
13. Substitution of section 61 18
61. Definition--2005 Act 18
61A. Continuation of lease--2005 Act 19
61B. Continuation of licences--2005 Act 19
61C. Rights to cease--reserved forest--2005 Act 20
61D. Rights to cease--roads--2005 Act 20
14. Substitution of section 62 21
62. Land to become part of park on surrender to Crown--
2005 Act 21
62A. Saving of agreement 23
15. Insertion of new clause 3 in Schedule One A 23
3. Native Title not affected by the National Parks
(Otways and Other Amendments) Act 2005 23
Division 2--Amendments to Particular Parks 24
16. Amendment of Schedule Two 24
17. Amendment of Schedule Two B 26
18. Amendment of Schedule Three 27
PART 3--AMENDMENTS TO OTHER ACTS 28
19. Definition 28
20. Insertion of new heading and section 29F 28
Management powers in Beaconsfield Nature Conservation
Reserve 28
29F. Control and management of structures and
installations 28
21. Repeal of spent transitional provisions 29
22. Nature of Fifth Schedule reserves 29
23. Insertion of new section 47A 30
47A. Purposes for land in Part 5 of the Fifth Schedule 30
24. Insertion of new section 48AA 30
48AA. Definition 30
25. Insertion of new section 48A 30
48A. Surf lifesaving club at Port Campbell--2005 Act 30
26. Insertion of new sections 50A to 50C 31
50A. Cessation of interests and rights--2005 Act 31
50B. Land to become part of reserve on surrender to
Crown--2005 Act 32
50C. Continuation of grazing licences--2005 Act 33
27. New Crown land reserves--Fifth Schedule 33
28. Changes to Heritage River Areas 34
29. Access licences under Fisheries Act 1995 do not authorise
fishing in national parks etc. 35
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551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
Clause Page
30. Aquaculture licences under Fisheries Act 1995 do not
authorise fishing in national parks etc. 35
31. General permits under Fisheries Act 1995 do not authorise
fishing in national parks etc. 36
PART 4--OTWAY FOREST PARK 37
Division 1--Amendments to the Crown Land (Reserves) Act 1978 37
32. Management and control of Otway Forest Park 37
33. Insertion of new section 42 37
42. Otway Forest Park 37
Division 2--Amendments to the Forests Act 1958 and the
Sustainable Forests (Timber) Act 2004 39
34. Definition 39
35. Management of Otway Forest Park 39
36. Protected public land 41
37. Insertion of new heading and sections 101 and 102 41
Transitional Provisions 41
101. Continuation of licences and leases--2005 Act 41
102. Once only harvesting of pines in Otway Forest Park 43
38. Amendment of the Sustainable Forests (Timber) Act 2004 43
ENDNOTES 44
iii
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the National Parks Act 1975 to provide for the creation of
the Great Otway National Park and for other related matters, to amend
the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the
Forests Act 1958, the Heritage Rivers Act 1992 and the Sustainable
Forests (Timber) Act 2004 and for other purposes.
National Parks (Otways and Other
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
1
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
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--
(i) to provide for the creation of the Great
5
Otway National Park; and
(ii) to make various provisions in relation
to other parks; and
(iii) to provide for other matters; and
(b) to amend the Crown Land (Reserves) Act
10
1978 to make various provisions in relation
to Crown land reserves; and
(c) to make other amendments to the Crown
Land (Reserves) Act 1978, the Fisheries
Act 1995, the Forests Act 1958, the
15
Heritage Rivers Act 1992 and the
Sustainable Forests (Timber) Act 2004.
2. Commencement
(1) Sections 1, 12, 21, 22, 29, 30, 31 and this section
come into operation on the day after the day on
20
which this Act receives the Royal Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision of Part 4 does not come into
25
operation before 31 December 2008, it comes into
operation on that day.
(4) If a provision of this Act (other than a provision of
Part 4) does not come into operation before
30 June 2006, it comes into operation on that day.
30
__________________
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551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
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. 9
as at
Division 1--General Amendments to the National Parks 16 November
2002
Act 1975 and
amending
Act Nos
3. Definitions
5 38/1989 (as
amended by
In section 3(1) of the National Parks Act 1975-- No. 64/2004),
80/2003,
(a) insert the following definitions-- 84/2003,
97/2003,
' "Barwon Water" means Barwon Region 12/2004,
Water Authority constituted under 48/2004,
64/2004 and
Part 6 of the Water Act 1989;
10 7/2005.
LawToday:
"Barwon water supply catchment area" www.dms.
dpc.vic.
means the land shown hatched on the gov.au
plans numbered N.P. 111C, N.P. 111D,
N.P. 111E, N.P. 111F and N.P. 111G
and lodged in the Central Plan Office;
15
"managing water authority" means--
(a) in the case of a designated water
supply catchment that is a
Melbourne water supply
catchment area, Melbourne Water
20
Corporation; or
(b) in the case of a designated water
supply catchment that is the
Barwon water supply catchment
area, Barwon Water; or
25
(c) in the case of a designated water
supply catchment that is the South
West water supply catchment
area, South West Water;
3
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 3
"Melbourne Water Corporation" means
Melbourne Water Corporation
constituted under the Melbourne
Water Corporation Act 1992;
"Melbourne water supply catchment
5
area" means either--
(a) the land shown coloured blue on
the plan numbered N.P. 8B/1 and
lodged in the Central Plan Office;
or
10
(b) the land shown coloured blue or
coloured orange on the plans
numbered N.P. 102A/1 and
N.P. 102B/1 and lodged in the
Central Plan Office;
15
"South West Water" means South West
Water Authority constituted under
Part 6 of the Water Act 1989, or any
other person having the functions of an
Authority under section 163 of the
20
Water Act 1989 in the South West
water supply catchment area;
"South West water supply catchment
area" means the land shown hatched
on the plan numbered N.P. 111H and
25
lodged in the Central Plan Office;';
4
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 4
(b) for the definition of "designated water supply
catchment area" substitute--
' "designated water supply catchment
area" means--
(a) any Melbourne water supply
5
catchment area; or
(b) the Barwon water supply
catchment area; or
(c) the South West water supply
catchment area;'.
10
4. Insertion of new section 29B
After section 29A of the National Parks Act
1975 insert--
'29B. Lighthouse leases--Great Otway National
Park
15
(1) The Minister may lease any part of the Cape
Otway lighthouse area for the purposes of
recreation and tourism being recreation and
tourism that is carried out in a manner that is
consistent with the conservation of the
20
heritage values of the area.
(2) A lease under sub-section (1)--
(a) may provide for the operation of
accommodation and facilities to the
extent consistent with the purposes set
25
out in sub-section (1); and
(b) must be granted in writing; and
(c) must not be for a term of more than
21 years; and
(d) is subject to the rent and other charges
30
and terms and conditions determined by
the Minister.
5
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 4
(3) The coming into operation of section 16(5)
of the National Parks (Otways and Other
Amendments) Act 2005 does not affect the
existence and operation of the following
leases--
5
(a) the lease between the Minister for
Conservation and Environment of the
State of Victoria and the
Commonwealth of Australia dated
1 December 1995 over the land at Cape
10
Otway, being Crown Allotment 44E,
Parish of Otway; and
(b) the lease between the Minister for
Conservation and Environment of the
State of Victoria and the Australian
15
Maritime Safety Authority, dated
1 December 1995 over the land at Cape
Otway, being Lot 44C on Consolidated
Plan 116404; and
(c) the lease between the Minister for
20
Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority, dated
1 December 1995 over the land at Cape
Otway, being Lot 44D on Consolidated
25
Plan 116402; and
(d) the lease between the Minister for
Conservation and Land Management on
behalf of the Lighthouse Reserves
Committee of Management to Tourism
30
Great Ocean Road Pty. Ltd.
(ACN 074 746 802) with a
commencement date of 1 January 1997
over land at Cape Otway and as
subsequently varied.
35
6
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 5
(4) A lease referred to in sub-section (3)
continues in force, subject to its terms, for
the period of the lease, despite anything to
the contrary in this Act or any other Act.
(5) The lease referred to in sub-section (3)(d)--
5
(a) is deemed to be and to always have
been granted by the Lighthouse
Reserves Committee of Management;
and
(b) on and from the commencement of this
10
section, is deemed to have effect as if
any reference in the lease to the
"Minister" were a reference to the
Minister administering this Act.
(6) In this section "Cape Otway lighthouse
15
area" means the area shown hatched on the
plan numbered N.P. 111B lodged in the
Central Plan Office.'.
5. Protection of access rights--Great Otway National
Park
20
In section 30I(4)(a) of the National Parks Act
1975, after "Part 30," insert "Part 31,".
6. Consequential repeals--Port Campbell National
Park and other land
(1) Section 32 of the National Parks Act 1975 is
25
repealed.
(2) Section 32B(4)(b) of the National Parks Act
1975 is repealed.
(3) Section 32B(5) of the National Parks Act 1975 is
repealed.
30
7
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 7
7. Protection of designated water supply catchment
areas
Insert the following heading to section 32H of the
National Parks Act 1975--
"Protection of designated water supply
5
catchment areas and their water resources".
8. Substitution of sections 32I to 32K
For sections 32I to 32K of the National Parks
Act 1975 substitute--
'32I. Management agreements with managing
10
water authorities
(1) The Secretary may enter into an agreement
with--
(a) Melbourne Water Corporation for the
management by Melbourne Water
15
Corporation of a Melbourne water
supply catchment area; or
(b) Barwon Water for the management by
Barwon Water of the Barwon water
supply catchment area; or
20
(c) South West Water for the management
by South West Water of the South West
water supply catchment area.
(2) An agreement under sub-section (1)--
(a) must be in writing; and
25
(b) must be consistent with the objects of
this Act and with the duties imposed on
the Secretary by sections 17(2)(ba),
17(3) and 32H; and
(c) may be amended from time to time or
30
terminated by a further written
agreement between the parties.
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 8
(3) An agreement under sub-section (1)--
(a) must specify those duties, functions and
powers imposed on the Secretary by or
under this Act which may be carried
out by the managing water authority
5
that has entered into the agreement in
relation to the designated water supply
catchment area to which the agreement
relates; and
(b) must specify those functions and
10
powers of the managing water authority
which may be performed by the
managing water authority in relation to
the designated water supply catchment
area; and
15
(c) may provide for the management and
control by the managing water
authority of any property within the
designated water supply catchment
area; and
20
(d) must contain provisions with respect
to--
(i) the protection of conservation
values within the designated water
supply catchment area; and
25
(ii) fire protection and fire
management within the area; and
(iii) prohibiting and regulating the
activities of people within the area
and access to the area by people;
30
and
9
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 8
(iv) once-only harvesting of forest
produce from those areas shown
cross-hatched on the plans
referred to in Parts 10 and 39 of
Schedule Two, and the
5
rehabilitation of those areas; and
(v) procedures to be followed to
prevent or settle disputes
concerning the management of the
area that arise between the parties
10
during the currency of the
agreement including the
submission of any unresolved
dispute to the Minister, the
Minister responsible for the
15
managing water authority and (in
the case of Melbourne Water
Corporation) the Minister
administering section 17 of the
State Owned Enterprises Act
20
1992, for a decision that is to be
binding on the parties.
(4) It is deemed to be a term of any agreement
under sub-section (1) that, despite any other
provision of this Act, it is the function of the
25
managing water authority to determine the
policy necessary in a designated water
supply catchment area--
(a) to protect the area for the purposes of
water supply; and
30
(b) to maintain the water quality of and
otherwise protect the water resources in
the area; and
(c) to restrict human activity for the
purposes of giving effect to paragraphs
35
(a) and (b).
10
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 8
32J. Access to property in designated water
supply catchment areas
The Minister must grant to the managing
water authority for a designated water supply
catchment area that reasonable right of
5
access to property within the area that is
owned, controlled or managed by the
managing water authority that will, in the
Minister's opinion, allow the managing water
authority to exercise its powers and functions
10
with respect to that property.
32K. Control and management of structures
and installations in designated water
supply catchment areas
(1) The managing water authority for a
15
designated water supply catchment area may
manage and control any structures and
installations (other than those built or
installed by the Secretary) in the area.
(2) For the purposes of giving effect to sub-
20
section (1), the managing water authority
may operate, repair, replace, maintain,
remove, connect, disconnect or do any other
thing necessary to manage or control a
structure or installation.
25
(3) In this section "structures and
installations" includes, but is not limited to,
dam walls, reservoirs, weirs, tunnels, roads,
tracks, buildings, towers and fences.'.
11
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 9
9. Substitution of sections 32M and 32N
For sections 32M and 32N of the National Parks
Act 1975 substitute--
"32M. Determination of disputes
(1) If the Secretary has not entered into an
5
agreement under section 32I--
(a) with Melbourne Water Corporation
about the management of a Melbourne
water supply catchment area; or
(b) with Barwon Water about the
10
management of the Barwon water
supply catchment area; or
(c) with South West Water about the
management of the South West water
supply catchment area--
15
and if there is a dispute about the
management of the area, either the Secretary
or the relevant managing water authority
may refer the dispute to the Minister, the
Minister responsible for administering the
20
relevant managing water authority and (in
the case of Melbourne Water Corporation)
the Minister administering section 17 of the
State Owned Enterprises Act 1992 for
determination.
25
(2) A decision of the Ministers under sub-
section (1) is binding on the parties to the
dispute.
32N. Restricted areas in designated water
supply catchment areas
30
(1) The Minister may by notice published in the
Government Gazette, prohibit, regulate or
control access of persons to that part of a
designated water supply catchment area that
is specified in the notice.
35
12
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 9
(2) The Minister must not make a notice under
sub-section (1) unless--
(a) the Minister is of the opinion that it is
necessary to do so to prevent access of
persons to that part of the designated
5
water supply catchment area for the
purposes of--
(i) protecting that area for the
purposes of water supply; or
(ii) maintaining the water quality of
10
and otherwise protecting the water
resources of that area; and
(b) the Minister has, before doing so,
consulted the Minister responsible for
the managing water authority for that
15
area.
(3) A notice under sub-section (1)--
(a) may be general or of limited
application; and
(b) takes effect from the date of publication
20
in the Government Gazette or from any
later date specified in the notice; and
(c) in the absence of a date specified in the
notice, continues to have effect until
90 days after publication of the notice
25
in the Government Gazette; and
(d) may not provide that it continues to
have effect for any period exceeding
12 months.
(4) As soon as possible after publication of the
30
notice in the Government Gazette, the
Minister must publish a notice in a
newspaper circulating generally in the area
likely to be affected by the notice stating that
he or she has published the notice.
35
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 10
(5) Part 5 of the Subordinate Legislation Act
1994 applies to a notice under this section as
if that notice were a statutory rule within the
meaning of that Act that had been laid before
Parliament on the day on which the notice
5
was published in the Government Gazette.
(6) A person must comply with a notice under
this section.
Penalty: 20 penalty units.".
10. Insertion of new sections 32P and 32Q
10
After section 32O of the National Parks Act
1975 insert--
'32P. Land to be included in parks--Great
Ocean Road etc.
(1) The Minister may recommend to the
15
Governor in Council that any part of the
Otway Roads Survey Area be part of the
park described in Part 21 or Part 31 of
Schedule Two on--
(a) receiving a plan of land signed by the
20
Surveyor-General; and
(b) being satisfied that the land shown on
the plan represents that land that is to
be part of the park.
(2) On receiving a recommendation of the
25
Minister under sub-section (1), the Governor
in Council may, by Order published in the
Government Gazette, declare the land to be
part of the park.
14
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Part 2--Amendments to the National Parks Act 1975
s. 10
(3) On the publication of an Order under sub-
section (2)--
(a) any part of the land delineated and
coloured yellow on the plan referred to
in the Order that was a road or part of a
5
road or road reserve ceases to be a road
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
10
dedication or supposed dedication or
any past user or operation of law or
otherwise, cease; and
(b) the land is deemed to be freed and
discharged from all trusts, limitations,
15
reservations, restrictions,
encumbrances, estates and interests;
and
(c) the land is deemed to be part of the
park specified in the Order.
20
(4) This section has effect despite any provision
in any other Act to the contrary.
(5) In this section and in section 32Q, "Otway
Roads Survey Area" means the Crown land
within 300 metres of the centre line of the
25
following--
(a) those parts of the Great Ocean Road
shown as dashed red lines on the plans
lodged in the Central Plan Office and
numbered N.P. 16/5, N.P. 111A,
30
N.P. 111B, N.P. 111C, N.P. 111D,
N.P. 111E, N.P. 111F and N.P. 111H;
(b) that part of the Skenes Creek Road
shown as a dashed red line on the plan
lodged in the Central Plan Office and
35
numbered N.P. 111C;
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 10
(c) that part of the Beech Forest Road that
is shown as a dashed red line on the
plan lodged in the Central Plan Office
and numbered N.P. 111C;
(d) those parts of the Deans MarshLorne
5
Road shown as dashed red lines on the
plans lodged in the Central Plan Office
and numbered N.P. 111D and
N.P. 111F;
(e) those parts of the ForrestApollo Bay
10
Road shown as dashed red lines on the
plans lodged in the Central Plan Office
and numbered N.P. 111C and
N.P. 111G;
(f) those parts of the Lavers HillCobden
15
Road shown as dashed red lines on the
plans lodged in the Central Plan Office
and numbered N.P. 111A, N.P. 111H
and N.P. 111K;
(g) those parts of the ColacLavers Hill
20
Road shown as dashed red lines on the
plan lodged in the Central Plan Office
and numbered N.P. 111H;
(h) those parts of the CarlisleColac Road
shown as dashed red lines on the plan
25
lodged in the Central Plan Office and
numbered N.P. 111J;
(i) those parts of the Gellibrand River
Road shown as dashed red lines on the
plans lodged in the Central Plan Office
30
and numbered N.P. 111A, N.P. 111H
and N.P. 111K;
(j) that part of the Otway Lighthouse Road
shown as a dashed red line on the plan
lodged in the Central Plan Office and
35
numbered N.P. 111B;
16
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 10
(k) that part of the Princetown Road shown
as a dashed red line on the plan lodged
in the Central Plan Office and
numbered N.P. 111K.
(6) This section expires on 1 July 2009.
5
32Q. Land to be included in Great Ocean
Road etc.
(1) The Minister may recommend to the
Governor in Council that any part of the
Otway Roads Survey Area not be part of the
10
park described in Part 21 or Part 31 of
Schedule Two on--
(a) receiving a plan of land signed by the
Surveyor-General; and
(b) being satisfied that the land shown on
15
the plan represents that land that is not
to be part of the park.
(2) On receiving a recommendation of the
Minister under sub-section (1), the Governor
in Council may, by Order published in the
20
Government Gazette, declare the land not to
be part of the park.
(3) On the publication of an Order under sub-
section (2)--
(a) the land is deemed to be freed and
25
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests;
and
(b) the land is deemed not to be part of the
30
park described in Part 21 or Part 31 (as
the case so requires) of Schedule Two.
17
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 11
(4) This section has effect despite any provision
in any other Act to the contrary.
(5) This section expires on 1 July 2009.'.
11. Bambra Road Quarry--Great Otway National Park
(1) In section 40(1AA) of the National Parks Act
5
1975--
(a) in paragraph (d), for "relevant date."
substitute "relevant date; or";
(b) after paragraph (d) insert--
"(e) in the case of the land shown delineated
10
and cross-hatched on the plan lodged in
the Central Plan Office and numbered
N.P. 111E, the consent is to the
granting of a work authority under the
Extractive Industries Development
15
Act 1995.".
(2) In section 40(6) of the National Parks Act 1975,
for "or (2)." substitute "or (2)".
12. Repeal of spent section
Section 50E of the National Parks Act 1975 is
20
repealed.
13. Substitution of section 61
For section 61 of the National Parks Act 1975
substitute--
'61. Definition--2005 Act
25
In this Part "2005 Act" means the National
Parks (Otways and Other Amendments)
Act 2005.
18
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 13
61A. Continuation of lease--2005 Act
(1) On and from the commencement of section
16(5) of the 2005 Act the Telstra Lease
continues in force and may continue to be
dealt with as a lease under section 51 of the
5
Forests Act 1958.
(2) In sub-section (1), "Telstra Lease" means
the lease granted under section 51 of the
Forests Act 1958 to Telstra Corporation
Limited (ACN 051 775 556) dated to
10
commence on 1 May 2001 over Crown
Allotment 61D of Section 5, Parish of Lorne.
61B. Continuation of licences--2005 Act
(1) On and from the commencement of section
16(5) of the 2005 Act, any relevant licence
15
over the land described in Part 31 of
Schedule Two and existing immediately
before that commencement, continues in
force until its expiry. If the licence expires
before 31 December 2006 it may be renewed
20
and continue in force from its renewal until
that date.
(2) A licence that is continued in force under
sub-section (1) may be dealt with as a
licence under the section of the Act under
25
which it has been issued.
(3) In this section, "relevant licence" means
any of the following--
(a) a grazing licence granted under
section 130 of the Land Act 1958 or
30
section 16 of the Wildlife Act 1975; or
(b) a licence granted under section 138 of
the Land Act 1958.
19
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 13
61C. Rights to cease--reserved forest--2005
Act
On the commencement of a sub-section of
section 16 of the 2005 Act referred to in
Column 1 of the Table to this sub-section,
5
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 opposite
the sub-section of section 16, cease to be
10
reserved forest.
TABLE
Column 1 Column 2
Section 16(1) N.P. 86/3
Section 16(5) 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, N.P. 111K
61D. Rights to cease--roads--2005 Act
(1) On the commencement of a sub-section of
section 16 of the 2005 Act referred to in
Column 1 of the Table to this sub-section,
15
the lands delineated and coloured yellow or
coloured orange 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 16, cease to be
20
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 any express or
implied grant, or past dedication or supposed
25
dedication or any past user or operation of
law or otherwise, cease.
20
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 14
TABLE
Column 1 Column 2
Section 16(1) N.P. 86/3
Section 16(2) N.P. 8/7
Section 16(4) N.P. 16/5
Section 16(5) 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, N.P. 111K
Section 16(6) N.P. 102A/1,
N.P. 102B/1
(2) On the commencement of section 18 of the
2005 Act, the lands delineated and coloured
yellow on the plan numbered N.P. 104/1
lodged in the Central Plan Office cease to be
roads or parts of roads or road reserves and
5
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 operation of
10
law or otherwise, cease.'.
14. 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 hatched on the plan
lodged in the Central Plan Office and
numbered N.P. 86/3 is not surrendered to the
Crown before the commencement of section
20
16(1) of the 2005 Act, that land is to be taken
to be excluded from the park described in
Part 6 of Schedule Two until the title to that
land is surrendered to the Crown.
21
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Part 2--Amendments to the National Parks Act 1975
s. 14
(2) If any of the land shown hatched on the plan
lodged in the Central Plan Office and
numbered N.P. 8B/1 is not surrendered to the
Crown before the commencement of section
16(2) of the 2005 Act, that land is to be taken
5
to be excluded from the park described in
Part 10 of Schedule Two until the title to that
land is surrendered to the Crown.
(3) If any of the land shown coloured blue on the
plans lodged in the Central Plan Office and
10
numbered N.P. 111C, N.P. 111G and
N.P. 111H is not surrendered to the Crown
before the commencement of section 16(5)
of the 2005 Act, that land is to be taken to be
excluded from the park described in Part 31
15
of Schedule Two until the title to that land is
surrendered to the Crown.
(4) If any of the land shown hatched on the plan
lodged in the Central Plan Office and
numbered N.P. 102A/1 or N.P. 102B/1 is not
20
surrendered to the Crown before the
commencement of section 16(6) of the 2005
Act, that land is to be taken to be excluded
from the park described in Part 39 of
Schedule Two until the title to that land is
25
surrendered to the Crown.
(5) If any of the land shown hatched on the plan
lodged in the Central Plan Office and
numbered N.P. 21/6 is not surrendered to the
Crown before the commencement of section
30
17(4) of the 2005 Act, that land is to be taken
to be excluded from the park described in
Part 31 of Schedule Two B until the title to
that land is surrendered to the Crown.
22
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 15
62A. Saving of agreement
On and from the commencement of section 8
of the 2005 Act, the agreement between the
Secretary and Melbourne Water Corporation
made under section 32I (as in force before
5
that commencement), and dated 6 December
1995, is deemed to continue in force on and
from that commencement as if it were made
under section 32I (as in force on and from
that commencement).".
10
15. Insertion of new clause 3 in Schedule One A
After clause 2 to Schedule One A of the National
Parks Act 1975 insert--
"3. Native Title not affected by the National
Parks (Otways and Other Amendments)
15
Act 2005
(1) The amendments made to this Act by the
National Parks (Otways and Other
Amendments) Act 2005 are not intended to
affect native title rights and interests.
20
(2) Sub-clause (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 Title Act 1993 of the
Commonwealth.".
25
23
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 2--Amendments to the National Parks Act 1975
s. 16
Division 2--Amendments to Particular Parks
16. Amendment of Schedule Two
(1) In Part 6 of Schedule Two to the National Parks
Act 1975--
(a) for "3215 hectares" substitute
5
"3540 hectares";
(b) for "Parishes of Narree Worran, Monbulk,
Mooroolbark and Scoresby" substitute
"Parishes of Monbulk, Mooroolbark, Narree
Worran, Scoresby and Wandin Yallock";
10
(c) for "bordered black and, within that border,
coloured grey or shown hatched" substitute
"coloured pink or coloured green";
(d) for "N.P. 86/2 and N.P. 86A" substitute
"N.P. 86/3".
15
(2) In Part 10 of Schedule Two to the National Parks
Act 1975--
(a) for "21 600 hectares" substitute
"22 360 hectares";
(b) after "Tarrawarra North," insert
20
"Tourourrong,";
(c) for "bordered red or bordered green
excepting therefrom the roads shown as
excluded also excepting therefrom land
bordered blue" substitute "coloured pink or
25
coloured blue or coloured yellow";
(d) for "N.P. 8/6, N.P. 8A/2 and N.P. 8B"
substitute "N.P. 8/7, N.P. 8A/3 and
N.P. 8B/1".
24
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 16
(3) In Part 20 of Schedule Two to the National Parks
Act 1975--
(a) for "134 hectares" substitute "153 hectares";
(b) for "N.P. 15/3" substitute "N.P. 15/4".
(4) In Part 21 of Schedule Two to the National Parks
5
Act 1975--
(a) for "1750 hectares" substitute
"1830 hectares";
(b) for "bordered red or coloured red excepting
therefrom the roads shown as excluded also
10
excepting therefrom land bordered blue"
substitute "coloured pink or coloured yellow
excepting therefrom the Great Ocean Road";
(c) for "N.P. 16/4" substitute "N.P. 16/5";
(d) for "Also excepted from the Port Campbell
15
National Park is that area shown hatched on
a plan lodged in the Central Plan Office and
numbered N.P. 16A and any land forming
part of the park described in Part 11 of
Schedule Seven." substitute "Excepted is
20
any land forming part of the park described
in Part 11 of Schedule Seven.".
(5) For Part 31 of Schedule Two to the National
Parks Act 1975 substitute--
"PART 31--GREAT OTWAY NATIONAL PARK
25
All those pieces or parcels of land containing 103 000
hectares, more or less, situate in the Counties of Colac,
Heytesbury, Otway, Polwarth and Winchelsea, being the
land delineated and coloured pink or coloured green or
30 coloured yellow or coloured blue in plans lodged in the
Central Plan Office and numbered 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, excepting the Great
Ocean Road, Beech Forest Road, CarlisleColac Road,
35 ColacLavers Hill Road, Deans MarshLorne Road,
ForrestApollo Bay Road, Gellibrand River Road, Lavers
25
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Part 2--Amendments to the National Parks Act 1975
s. 17
HillCobden Road, Otway Lighthouse Road, Princetown
Road and Skenes Creek Road. Also excepted is any land
between high water mark and low water mark forming part
of the park described in Part 8 and in Part 11 of Schedule
5 Seven.".
(6) In Part 39 of Schedule Two to the National Parks
Act 1975--
(a) for "76 003 hectares" substitute
"77 040 hectares";
(b) for "bordered red or green" substitute
10
"coloured pink or coloured blue or coloured
orange";
(c) omit "and that portion of Crown
Allotment B, Parish of Taponga south of the
WarburtonWoods Point Road excepting
15
therefrom the roads shown as excluded also
excepting therefrom that part of the land
bordered blue that does not include Crown
Allotments 1, A and C, Parish of Manango
also excepting therefrom the Crown
20
Allotments listed";
(d) for "N.P. 102A and N.P. 102B" substitute
"N.P. 102A/1 and N.P. 102B/1".
17. Amendment of Schedule Two B
(1) Part 1 of Schedule Two B to the National Parks
25
Act 1975 is repealed.
(2) Part 7 of Schedule Two B to the National Parks
Act 1975 is repealed.
(3) Part 18 of Schedule Two B to the National Parks
Act 1975 is repealed.
30
26
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 2--Amendments to the National Parks Act 1975
s. 18
(4) In Part 31 of Schedule Two B to the National
Parks Act 1975--
(a) for "676 hectares" substitute "680 hectares";
(b) for "Townships of Warrandyte and
Warrandyte North and the Parishes of
5
Warrandyte and Nillumbik" substitute
"Parishes of Nillumbik, Sutton and
Warrandyte";
(c) for "bordered red" substitute "coloured
pink";
10
(d) for "N.P. 21/5" substitute "N.P. 21/6".
18. Amendment of Schedule Three
In Part 15 of Schedule Three to the National
Parks Act 1975--
(a) for "4175 hectares" substitute
15
"4225 hectares";
(b) for "coloured pink or green excepting
therefrom the roads shown as excluded"
substitute "coloured pink or coloured yellow
excepting therefrom the roads shown as
20
excluded";
(c) for "N.P. 104" substitute "N.P. 104/1".
__________________
27
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 19
PART 3--AMENDMENTS TO OTHER ACTS
19. Definition
See: Insert the following definition in section 3 of the
Act No.
Crown Land (Reserves) Act 1978--
9212.
Reprint No. 7
' "Melbourne Water Corporation" means
5 as at
3 February
Melbourne Water Corporation constituted
2005
under the Melbourne Water Corporation
and
amending
Act 1992;'.
Act No.
64/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
20. Insertion of new heading and section 29F
After section 29E of the Crown Land (Reserves)
10
Act 1978 insert--
'Management powers in Beaconsfield Nature
Conservation Reserve
29F. Control and management of structures
and installations
15
(1) The Minister, with the agreement of the
Minister administering the Melbourne
Water Corporation Act 1992, may enter
into an agreement with Melbourne Water
Corporation to manage and control any
20
structures and installations in the reserve
described in Division 10 of Part 1 of the
Fifth Schedule that are specified in the
agreement.
28
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 3--Amendments to Other Acts
s. 21
(2) For the purposes of giving effect to an
agreement under sub-section (1), Melbourne
Water Corporation may operate, repair,
replace, maintain, remove, connect,
disconnect or do any other thing necessary to
5
manage or control any structure or
installation specified in the agreement.
(3) In this section "structures and
installations" includes, but is not limited to,
dam embankments, spillways, outlet
10
structures, pipelines, buildings, and survey
and geotechnical monitoring points.'.
21. Repeal of spent transitional provisions
(1) Section 34 of the Crown Land (Reserves) Act
1978 is repealed.
15
(2) Section 36 of the Crown Land (Reserves) Act
1978 is repealed.
22. Nature of Fifth Schedule reserves
(1) In section 44 of the Crown Land (Reserves) Act
1978, after "deemed to be" insert "permanently".
20
(2) In section 45 of the Crown Land (Reserves) Act
1978, after "deemed to be" insert "permanently".
(3) In section 46 of the Crown Land (Reserves) Act
1978, after "deemed to be" insert "permanently".
(4) In section 47 of the Crown Land (Reserves) Act
25
1978, after "deemed to be" insert "permanently".
29
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 23
23. Insertion of new section 47A
After section 47 of the Crown Land (Reserves)
Act 1978 insert--
"47A. Purposes for land in Part 5 of the Fifth
Schedule
5
Each area of land described in a Division of
Part 5 of the Fifth Schedule is deemed to be
permanently reserved under section 4 for
public purposes, being in particular, the
purposes set out in that Division of that
10
Part.".
24. Insertion of new section 48AA
After the heading to Division 3 of Part 6 of the
Crown Land (Reserves) Act 1978 insert--
'48AA. Definition
15
In this Part "2005 Act" means the National
Parks (Otways and Other Amendments)
Act 2005.'.
25. Insertion of new section 48A
After section 48 of the Crown Land (Reserves)
20
Act 1978 insert--
'48A. Surf lifesaving club at Port Campbell--
2005 Act
(1) Despite the commencement of section 25 of
the 2005 Act, the Port Campbell surf
25
lifesaving club lease continues in force on
the same terms and conditions as those
applying to it immediately before that
commencement and is deemed to have
effect, on and from that commencement, as if
30
any reference in the lease to the "Minister"
were a reference to the Minister
administering this section.
30
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 26
(2) In this section, "Port Campbell surf
lifesaving club lease" means the lease
granted by the Minister administering
section 32B of the National Parks Act 1975
(under section 32B of that Act, as in force
5
before the commencement of section 6 of the
2005 Act) to the Surf Lifesaving Association
of Australia, Victorian State Centre, as
varied by the deed of variation between the
Minister for Environment and Conservation
10
and the Surf Lifesaving Association of
Australia, Victorian State Centre and dated
14 March 2000.'.
26. Insertion of new sections 50A to 50C
After section 50 of the Crown Land (Reserves)
15
Act 1978 insert--
"50A. Cessation of interests and rights--2005
Act
(1) On the commencement of section 27(1) of
the 2005 Act--
20
(a) any reservation, under this or any other
Act, of an area of land described in
Division 9 or 10 of Part 1 of the Fifth
Schedule that was in force immediately
before that commencement is revoked;
25
and
(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
30
as they apply to the land; and
(c) the 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
31
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 26
immediately before that
commencement; and
(d) despite anything to the contrary in this
Act, any licence, permit or other
authority over any part of the land,
5
under this Act, the Mineral Resources
Development Act 1990 or the Water
Act 1989 and in force immediately
before that commencement, continues
in force on and after that
10
commencement subject to its terms and
conditions.
(2) On the commencement of section 27 of the
2005 Act, the land delineated and coloured
yellow on the plan lodged in the Central Plan
15
Office and numbered LEGL./05309 ceases
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 any
20
express or implied grant, or past dedication
or supposed dedication or any past user or
operation of law or otherwise, cease.
50B. Land to become part of reserve on
surrender to Crown--2005 Act
25
(1) If any of the land shown hatched on the plan
lodged in the Central Plan Office and
numbered LEGL./05309 is not surrendered
to the Crown before the commencement of
section 27(1) of the 2005 Act, that land is to
30
be taken to be excluded from the park
described in Division 9 of Part 1 of the Fifth
Schedule until the title to that land is
surrendered to the Crown.
32
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 27
(2) If any of the land shown hatched on the plan
lodged in the Central Plan Office and
numbered LEGL./05310 is not surrendered
to the Crown before the commencement of
section 27(1) of the 2005 Act, that land is to
5
be taken to be excluded from the park
described in Division 10 of Part 1 of the
Fifth Schedule until the title to that land is
surrendered to the Crown.
50C. Continuation of grazing licences--2005
10
Act
Despite the commencement of section 27(1)
of the 2005 Act, any grazing licence granted
over land described in Division 10 of Part 1
of the Fifth Schedule under section 130 of
15
the Land Act 1958 and existing immediately
before that commencement continues in
force on the same terms and conditions as
those applying to it immediately before that
commencement.".
20
27. New Crown land reserves--Fifth Schedule
(1) After Division 8 of Part 1 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978 insert--
"DIVISION 9--BEACONSFIELD NATURE
25 CONSERVATION RESERVE
The land delineated and coloured pink and coloured yellow
on the plan lodged in the Central Plan Office and numbered
LEGL./05309.
DIVISION 10--WARRANDYTEKINGLAKE
30 NATURE CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in
the Central Plan Office and numbered LEGL./05310.".
33
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 3--Amendments to Other Acts
s. 28
(2) After Part 4 of the Fifth Schedule to the Crown
Land (Reserves) Act 1978 insert--
"PART 5--MISCELLANEOUS RESERVES
DIVISION 1--PORT CAMPBELL COASTAL
5 RESERVE
The land delineated and shown hatched on the plan lodged
in the Central Plan Office and numbered LEGL./05311.
Purposes of the reservation--
The purposes of the protection of the coast.
10 DIVISION 2--PORT CAMPBELL RECREATION
AND CAMPING RESERVE
The land delineated and shown cross-hatched on the plan
lodged in the Central Plan Office and numbered
LEGL./05311.
15 Purposes of the reservation--
The purposes of public recreation and camping.".
28. Changes to Heritage River Areas
See: In Schedule 1 to the Heritage Rivers Act 1992--
Act No.
36/1992.
(a) in Part 12, after "numbered LEGL/9114"
Reprint No. 1
insert "and all those pieces of land along the
20 as at
8 April 1999.
Mitchell River shown coloured pink on the
LawToday:
plan lodged in the Central Plan Office and
www.dms.
dpc.vic.
numbered LEGL./05312";
gov.au
(b) for Part 16 substitute--
"PART 16--AIRE RIVER HERITAGE
25
AREA
The bed and banks of the Aire River between a point
on the left bank of that river in line with the eastern
boundary of Crown allotment 29E Parish of
30 Olangolah and the low water mark at the mouth of
that river and all public land adjoining that length of
river comprising--
(a) all land in the Otway National Park that is
within 200 metres of each bank of the river; and
34
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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Act No.
Part 3--Amendments to Other Acts
s. 29
(b) all land within Crown Allotment 21H, Parish of
Aire and Crown Allotment 21A, Parish of
Otway; and
(c) all land in the Aire River Wildlife Reserve
5 under the Wildlife Act 1975 (Government
Gazette 1987 page 1495) that is within
100 metres of the left bank of the Aire River.".
See:
29. Access licences under Fisheries Act 1995 do not Act No.
authorise fishing in national parks etc. 92/1995.
Reprint No. 4
After section 38(1) of the Fisheries Act 1995
10 as at
31 December
insert-- 2004
and
"(1A) An access licence does not authorise the amending
carrying out of any activity specified in sub- Act No.
108/2004.
section (1) in any national park, wilderness LawToday:
park or State park (within the meaning of the
15 www.dms.
dpc.vic.
National Parks Act 1975) or any reference gov.au
area (within the meaning of the Reference
Areas Act 1978).
(1B) Sub-section (1A) does not apply to any
access licence in force immediately before
20
7 March 2005, to the extent of any
entitlements under that licence that were in
force at that time.".
30. Aquaculture licences under Fisheries Act 1995 do
not authorise fishing in national parks etc.
25
After section 43(1) of the Fisheries Act 1995
insert--
"(1AA) An aquaculture licence does not authorise
the carrying out of any activity specified in
sub-section (1) in any national park,
30
wilderness park or State park (within the
meaning of the National Parks Act 1975) or
any reference area (within the meaning of the
Reference Areas Act 1978).
35
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Part 3--Amendments to Other Acts
s. 31
(1AB) Sub-section (1AA) does not apply to any
aquaculture licence in force immediately
before 7 March 2005, to the extent of any
entitlements under that licence that were in
force at that time.".
5
31. General permits under Fisheries Act 1995 do not
authorise fishing in national parks etc.
After section 49(2) of the Fisheries Act 1995
insert--
"(2A) A general permit does not authorise the
10
carrying out of any activity--
(a) specified in sub-section (2)(b), (c), (d),
(e), (f) and (g); and
(b) specified in sub-section (2)(a), to the
extent that it applies to aquaculture--
15
in any national park, wilderness park or State
park (within the meaning of the National
Parks Act 1975) or any reference area
(within the meaning of the Reference Areas
Act 1978).
20
(2B) Sub-section (2A) does not apply to any
general permit in force immediately before
7 March 2005, to the extent of any
entitlements under that permit that were in
force at that time.".
25
__________________
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 32
PART 4--OTWAY FOREST PARK
Division 1--Amendments to the Crown Land (Reserves)
Act 1978
32. Management and control of Otway Forest Park
(1) After section 18(1A) of the Crown Land
5
(Reserves) Act 1978 insert--
"(1B) The land described in an Order made under
section 42 is placed under the control and
management of the Secretary for the
purposes of section 18A of the Forests Act
10
1958.".
(2) In section 18(2) of the Crown Land (Reserves)
Act 1978, for "sub-section (1) or (1A)" substitute
"sub-section (1), (1A) or (1B)".
33. Insertion of new section 42
15
After section 41 of the Crown Land (Reserves)
Act 1978 insert--
"42. Otway Forest Park
(1) The Minister may recommend to the
Governor in Council that any part of the land
20
shown coloured pink on the plan lodged in
the Central Plan Office and numbered
LEGL./05342 be a forest park on--
(a) receiving a plan of the land signed by
the Surveyor-General; and
25
(b) being satisfied that the land shown on
the plan represents land that is to be a
forest park.
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 33
(2) On receiving a recommendation of the
Minister under sub-section (1), the Governor
in Council may, by Order published in the
Government Gazette, declare the land to be a
forest park to be known as the Otway Forest
5
Park.
(3) On the publication of an Order under sub-
section (2)--
(a) any reservation, under this or any other
Act, of an area of land described in the
10
plan referred to in the Order that was in
force immediately before the
publication of the Order is revoked; and
(b) any regulations made under section 13
of this Act that applied to any such area
15
of land, immediately before the
publication of the Order, are revoked in
so far as they apply to the land; and
(c) any part of the land delineated and
coloured yellow on the plan referred to
20
in the Order that was a road or part of a
road or road reserve ceases to be a road
or part of a road or road reserve and all
rights easements and privileges existing
or claimed, either by the public or any
25
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; and
30
(d) subject to section 101 of the Forests
Act 1958, the land described on the
plan referred to in the Order is deemed
to be freed and discharged from all
trusts, limitations, reservations,
35
restrictions, encumbrances, estates and
interests; and
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551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 34
(e) the land described on the plan referred
to in the Order is deemed to be
permanently reserved under this Act for
the purposes of--
(i) providing opportunities for
5
informal recreation associated
with the enjoyment of natural
surroundings;
(ii) protecting and conserving
biodiversity, natural and cultural
10
features and water supply
catchments;
(iii) supplying a limited range of
natural resource products.".
Division 2--Amendments to the Forests Act 1958 and the
15
Sustainable Forests (Timber) Act 2004
34. Definition
In section 3(1) of the Forests Act 1958, insert--
' "Central Plan Office" means the Central Plan
Office of the Department of Sustainability
20
and Environment;'.
35. Management of Otway Forest Park
(1) After section 18A(1) of the Forests Act 1958
insert--
"(1A) The Secretary must control, manage and use
25
land placed under the control and
management of the Secretary under section
18(1B) of the Crown Land (Reserves) Act
1978 for the purposes for which it is
reserved.".
30
(2) In section 18A(2) of the Forests Act 1958, after
"land under the control and management of the
Secretary" insert "under sub-section (1)".
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 35
(3) After section 18A(2) of the Forests Act 1958
insert--
"(2A) Subject to this section--
(a) the provisions of--
(i) this Act, other than sections 42(6),
5
42(8), 47 and 49; and
(ii) the Sustainable Forests (Timber)
Act 2004, other than Part 3; and
(iii) the Safety on Public Land Act
2004; and
10
(b) any regulations made under those
provisions of those Acts and any
regulations applying to and in relation
to reserved forest generally--
apply to and in relation to the land to which
15
sub-section (1A) applies as if the land were
reserved forest.".
(4) For section 18A(3) of the Forests Act 1958
substitute--
"(3) Section 51 applies to--
20
(a) any land to which sub-section (1)
applies as if section 51 authorises the
granting of a lease for the use of a
kiosk, cafe or store or for scientific
research or for a ski tow but for no
25
other purpose; and
(b) any land to which sub-section (1A)
applies as if section 51 authorises the
granting of a lease for any purpose that
is not detrimental to the purpose for
30
which the land is reserved.".
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 36
(5) After section 18A(3) of the Forests Act 1958
insert--
"(3A) Section 52 applies to the land to which sub-
section (1A) applies as if section 52 does not
authorise the granting of a licence under
5
section 52(1)(a)(iv), (v), (vi) or (vii) for the
purposes of sawlog or pulpwood production.
(3B) Section 21 applies to the land to which sub-
section (1A) applies as if section 21 does not
authorise the Secretary to exercise any of the
10
Secretary's powers under section 21(1)(a),
(b), (c) or (d) for the purposes of sawlog or
pulpwood production.".
36. Protected public land
In section 62(1A)(d) of the Forests Act 1958 after
15
"National Parks Act 1975," insert "or for the
purposes of section 18A of this Act,".
37. Insertion of new heading and sections 101 and 102
After section 100 of the Forests Act 1958
insert--
20
'Transitional Provisions
101. Continuation of licences and leases--2005
Act
(1) On and from the commencement of Part 4 of
the 2005 Act--
25
(a) any licence granted under section 52; or
(b) any permit granted under section 52--
over the forest park land, being a licence or
permit existing immediately before that
commencement, continues in force and may
30
be dealt with as a licence or permit under
section 52 until its expiry.
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551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 37
(2) On and from the commencement of Part 4 of
the 2005 Act any lease granted under
section 51 over the forest park land, being a
lease existing immediately before that
commencement, continues in force and may
5
be dealt with as a lease under section 51 until
its expiry.
(3) On and from the commencement of Part 4 of
the 2005 Act any lease or licence granted
under the Land Act 1958 over the forest
10
park land, being a lease or licence existing
immediately before that commencement,
continues in force and may be dealt with as a
lease or licence (as the case requires) under
the Land Act 1958 until its expiry.
15
(4) On and from the commencement of Part 4 of
the 2005 Act any lease or licence granted
under the Crown Land (Reserves) Act 1978
over the forest park land, being a lease or
licence existing immediately before that
20
commencement, continues in force and may
be dealt with as a lease or licence (as the
case requires) under the Crown Land
(Reserves) Act 1978 until its expiry.
(5) In this section and in section 102--
25
"forest park land" means the land placed
under the control and management of
the Secretary under section 18(1B) of
the Crown Land (Reserves) Act 1978;
"2005 Act" means the National Parks
30
(Otways and Other Amendments)
Act 2005.
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National Parks (Otways and Other Amendments) Act 2005
Act No.
Part 4--Otway Forest Park
s. 38
102. Once only harvesting of pines in Otway
Forest Park
The amendment to section 18A by section
35(5) of the 2005 Act does not apply to the
land shown hatched on the plan lodged in the
5
Central Plan Office and numbered
LEGL./05346 for the purposes of
harvesting, once only, pines existing on that
land at the commencement of the 2005 Act
for the purposes of sawlog or pulpwood
10
production.'.
38. Amendment of the Sustainable Forests (Timber)
Act 2004
In Schedule 2 to the Sustainable Forests
(Timber) Act 2004, omit "S000505", "S000358",
15
"S000450", "S000463" and "B000474".
43
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
National Parks (Otways and Other Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
44
551283B.I1-15/6/2005 BILL LA INTRODUCTION 15/6/2005
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