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PARLIAMENT OF VICTORIA
National Parks (Box-Ironbark and Other Parks)
Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3
3. Definitions 3
4. Amendments to sections 17 and 19 3
5. Amendment to section 25B--Extraction of forest produce 4
6. Insertion of new section 29A 5
29A. Lighthouse leases--Wilsons Promontory National Park 5
7. Insertion of new sections 30G to 30N 7
30G. Water distribution works authority--Greater Bendigo
National Park, Broken-Boosey State Park, Castlemaine
Diggings National Heritage Park 7
30H. Dam licences--Greater Bendigo National Park,
Castlemaine Diggings National Heritage Park 8
30I. Protection of access rights of freeholders in relation to
certain parks 10
30J. Protection of access rights of freeholders in Mitchell
River National Park 10
30K. Right to move cattle or sheep through Heathcote-
Graytown National Park and Broken-Boosey State Park 11
30L. Reports to be prepared for certain parks 11
30M. Water licences--Broken-Boosey State Park 12
8. Searching for minerals 12
9. Carriage and use of firearms--Reef Hills State Park 13
10. Amendment to provisions relating to mining in parks 14
11. Insertion of new sections 50A to 50N 16
50A. National Parks (Box-Ironbark and Other Parks) Act
2002--Cessation of rights 16
50B. National Parks (Box-Ironbark and Other Parks) Act
2002--Revocation of interests in land--Greater Bendigo
National Park 18
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Clause Page
50C. National Parks (Box-Ironbark and Other Parks) Act
2002--Land to become reserved forest--Land adjoining
Paddys Ranges State Park 18
50D. National Parks (Box-Ironbark and Other Parks) Act
2002--Continuation of licences to cut and take away
forest produce for the purpose of eucalyptus oil
harvesting under the Forests Act 1958--Greater
Bendigo National Park 19
50E. National Parks (Box-Ironbark and Other Parks) Act
2002--Continuation of licences to cut and take away
forest produce under the Forests Act 1958--Warby
Range State Park 20
50F. National Parks (Box-Ironbark and Other Parks) Act
2002--Granting of licences to cut and take away forest
produce for firewood under the Forests Act 1958--
Certain national parks, State parks and Crown land
reserves 20
50G. National Parks (Box-Ironbark and Other Parks) Act
2002--Continuation of licences to cut and take away
forest produce under the Forests Act 1958--Heathcote-
Graytown National Park 21
50H. National Parks (Box-Ironbark and Other Parks) Act
2002--Continuation of apiary licences under the Land
Act 1958 and the Forests Act 1958 21
50I. National Parks (Box-Ironbark and Other Parks) Act
2002--Powers in relation to certain grazing licences
under the Land Act 1958 and the Forests Act 1958 22
50J. National Parks (Box-Ironbark and Other Parks) Act
2002--Continuation of grazing licences under the Land
Act 1958--Mitchell River National Park 25
50K. Land to become part of park on surrender to the Crown 25
50L. National Parks (Box-Ironbark and Other Parks) Act
2002--Transitional provision--Existing authorities
under the Mineral Resources Development Act 1990 25
50M. Registrar of Titles to make necessary amendments to
records 26
50N. Native Title not affected by amendments 26
12. Amendment of Schedule Two 27
13. Amendment of Schedule Two B 29
14. Amendment of Schedule Three 31
15. Amendment of Schedule Four 32
16. Amendment of Schedule Six 34
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Clause Page
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES)
ACT 1978 35
17. Castlemaine Diggings National Heritage Park placed under
control and management of Secretary 35
18. Insertion of new Part 6 35
PART 6--PROVISIONS RELATING TO PARTICULAR
CROWN LAND RESERVES 35
31. Castlemaine Diggings National Heritage Park 35
32. Castlemaine Diggings National Heritage Park--
Cessation of rights 36
33. Deep Lead Nature Conservation Reserve (No. 1)--
Revocation of part of reserve 37
34. Deep Lead Nature Conservation Reserve (No. 1)--
Cessation of rights 38
35. Deep Lead Nature Conservation Reserve (No. 2) 38
36. Deep Lead Nature Conservation Reserve (No. 2)--
Cessation of rights 38
37. Black Dog Creek Natural Features Reserve 39
38. Nathalia Natural Features Reserve 39
39. Numurkah Natural Features Reserve 40
40. Tungamah Natural Features Reserve 41
41. Wattville Natural Features Reserve 42
42. Youarang Natural Features Reserve 42
43. Eldorado Historic Reserve 43
44. Cessation of rights--Certain Crown land reserves 44
19. Further amendment of the Crown Land (Reserves) Act 1978 44
PART 4--AMENDMENTS TO OTHER ACTS 45
20. Mineral Resources Development Act 1990--Mining in Greater
Bendigo National Park 45
21. Insertion of new section 6A in the Mineral Resources
Development Act 1990 45
6A. Extent of application of licences and authorities under
this Act to Deep Lead Nature Conservation Reserve
(No. 2) 45
22. Amendment of section 55 of the Mineral Resources
Development Act 1990--Miner's right 46
23. Amendment of section 59 of the Mineral Resources
Development Act 1990--Tourist fossicking authority 46
24. Mineral Resources Development Act 1990--Restricted Crown
land 46
25. Reference Areas Act 1978--Definitions 48
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Clause Page
26. Reference Areas Act 1978--Proclamation of reference areas 48
27. Amendment to Forests Act 1958--Declaration of protected
public lands 49
__________________
SCHEDULE--Insertion of Fourth Schedule in the Crown Land
(Reserves) Act 1978 50
ENDNOTES 51
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541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 12 September 2002
As amended by Assembly 17 October 2002
A BILL
to amend the National Parks Act 1975 to create new parks and make
further provision in relation to existing parks and other Crown land, to
create new reserves under the Crown Land (Reserves) Act 1978, to
otherwise amend the Crown Land (Reserves) Act 1978, the Mineral
Resources Development Act 1990, the Reference Areas Act 1978
and the Forests Act 1958 and for other purposes.
National Parks (Box-Ironbark and
Other Parks) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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National Parks (Box-Ironbark and Other Parks) Act 2002
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PART 1--PRELIMINARY
s. 2
(a) to amend the National Parks Act 1975 to
create new parks under that Act and make
further provision in relation to existing parks
and other Crown land and to make other
5 amendments to that Act; and
(b) to create new reserves under the Crown
Land (Reserves) Act 1978 and to make
other amendments to that Act; and
(c) to make related amendments to the Mineral
10 Resources Development Act 1990, the
Reference Areas Act 1978 and the Forests
Act 1958 and to make further consequential
amendments to those Acts.
2. Commencement
15 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 3
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975
See:
3. Definitions Act No.
8702.
In section 3(1) of the National Parks Act 1975, Reprint No. 8
5 insert the following definitions-- as at
25 January
' "exploration licence" means an exploration 2001 and
amending
licence under Part 2 of the Mineral Act Nos
Resources Development Act 1990; 44/2001,
11/2002 and
40/2002.
"miner's right" has the same meaning as in the
LawToday:
10 Mineral Resources Development Act 1990; www.dms.
dpc.vic.
"mining licence" means a mining licence under gov.au
Part 2 of the Mineral Resources
Development Act 1990;
"search" has the same meaning as in the Mineral
15 Resources Development Act 1990;
"tourist fossicking authority" means a tourist
fossicking authority under Part 5 of the
Mineral Resources Development Act
1990;'.
20 4. Amendments to sections 17 and 19
(1) In section 17(2) of the National Parks Act 1975,
after paragraph (a) insert--
"(aa) have regard to all classes of management
actions that may be implemented for the
25 purposes of maintaining and improving the
ecological function of the park;".
(2) In section 19B(1) of the National Parks Act
1975, for "18(1)" substitute "18".
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 5
(3) In section 17 of the National Parks Act 1975,
after sub-section (2) insert--
"(2A) In relation to a national park or State park
created after the commencement of section 4
5 of the National Parks (Box-Ironbark and
Other Parks) Act 2002 the Minister must
cause a report for that park, setting out the
information prescribed in sub-section (2B),
to be laid before each House of Parliament
10 within 12 months of the creation of that park,
or, if either House is not then sitting, within
5 sitting days of that House after that date.
(2B) A report prepared under sub-section (2A)
must--
15 (a) set out the priorities for the
achievement of the management
objectives listed in sub-section (2); and
(b) set out the actions that are required to
achieve those priorities through the
20 management plan; and
(c) set out the funding that has been
allocated to achieving those priorities;
and
(d) be independently assessed.".
25 (4) In section 19B(6) of the National Parks Act
1975, for "18(1)" substitute "18".
5. Amendment to section 25B--Extraction of forest
produce
In section 25B(1) of the National Parks Act
30 1975--
(a) omit ", 28";
(b) omit "or Part 12 of Schedule Three";
(c) omit "or the taking of firewood is authorised
by Part 30 of Schedule Two".
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 6
6. Insertion of new section 29A
In the National Parks Act 1975, after section 29
insert--
'29A. Lighthouse leases--Wilsons Promontory
5 National Park
(1) The Minister may lease any lighthouse land
for similar purposes to the purposes of the
leases referred to in sub-section (3).
(2) A lease granted under sub-section (1)--
10 (a) must be granted in writing; and
(b) must not be for a term of more than
21 years; and
(c) is subject to the rent and other charges
and terms and conditions determined by
15 the Minister.
(3) The addition of land to Part 23 of Schedule
Two by section 12 of the National Parks
(Box-Ironbark and Other Parks) Act 2002
does not affect the existence and operation of
20 the following leases--
(a) the lease between the Minister for
Conservation and Environment of the
State of Victoria and the
Commonwealth of Australia dated
25 1 December 1995 over the land shown
delineated and hatched in the plan
lodged in the Central Plan Office and
numbered LEGL./02069;
(b) the lease between the Minister for
30 Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated
1 December 1995 over the land located
at Citadel Island and described as
35 Lot 1B on Consolidated Plan 116401;
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 6
(c) the lease between the Minister for
Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated
5 1 December 1995 over the land located
at Wilsons Promontory and described
as Lot 1C on Consolidated Plan
116398;
(d) the lease between the Minister for
10 Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated
1 December 1995 over the land located
at Wilsons Promontory and described
15 as Lot 1D on Consolidated Plan
116398;
(e) the lease between the Minister for
Conservation and Environment of the
State of Victoria and the Australian
20 Maritime Safety Authority dated
1 December 1995 over the land located
at Wilsons Promontory and described
as Lot 1E on Consolidated Plan
116398.
25 (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) In this section, "lighthouse land" means
30 any land that is the subject of a lease referred
to in sub-section (3).'.
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Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
7. Insertion of new sections 30G to 30N
After section 30F of the National Parks Act 1975
insert--
'30G. Water distribution works authority--
5 Greater Bendigo National Park, Broken-
Boosey State Park, Castlemaine Diggings
National Heritage Park
(1) The Minister may grant an authority to a
person to install, operate or manage works
10 for the purposes of conveying water over any
part of the land described in Part 41 of
Schedule Two, Part 37 of Schedule Two B
or Part 8 of Schedule Four.
(2) An authority under sub-section (1) may be
15 granted for the term determined by the
Minister.
(3) An authority under sub-section (1) is subject
to--
(a) any conditions the Minister thinks fit to
20 impose; and
(b) the payment of any fee or charge
determined by the Minister.
(4) An authority under sub-section (1) may be
cancelled by the Minister if the holder does
25 not comply with a condition of the authority.
(5) The holder of an authority under sub-section
(1) must not transfer the authority unless the
holder has first obtained the consent of the
Minister.
30 (6) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
person who was using works for the
purposes of conveying water over any part
35 of the land described in Part 41 of
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Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
Schedule Two, Part 37 of Schedule Two B or
Part 8 of Schedule Four immediately before
the commencement of those sections may
continue to use those works for that purpose
5 for 12 months after the commencement of
those sections or until the Minister grants an
authority under this section (whichever is the
earlier).
(7) Any use of works under sub-section (6) is
10 subject to the conditions that applied to that
use immediately before the commencement
of sections 12, 13 and 15 of the National
Parks (Box-Ironbark and Other Parks)
Act 2002.
15 30H. Dam licences--Greater Bendigo National
Park, Castlemaine Diggings National
Heritage Park
(1) The Minister may grant a licence to any
person to use land for a dam that existed
20 immediately before the commencement of
sections 12 and 15 of the National Parks
(Box-Ironbark and Other Parks) Act 2002
on any part of the land described in Part 41
of Schedule Two or Part 8 of Schedule Four.
25 (2) A licence under sub-section (1) may be
granted for a term of not more than 3 years.
(3) A licence under sub-section (1) is subject
to--
(a) any conditions the Minister thinks fit to
30 impose; and
(b) the payment of any fee or charge
determined by the Minister.
(4) A licence under sub-section (1) may be
cancelled by the Minister if the holder does
35 not comply with a condition of the licence.
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
(5) The holder of a licence under sub-section (1)
must not transfer the licence unless the
holder has first obtained the consent of the
Minister.
5 (6) Despite the commencement of sections 12
and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
licence over any part of the land described in
Part 41 of Schedule Two or Part 8 of
10 Schedule Four--
(a) that has been granted to a person under
section 52 of the Forests Act 1958 to
use land for the purposes of a dam; and
(b) that is in force immediately before the
15 commencement of those sections--
subject to the provisions of the Forests Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.
(7) Despite the commencement of section 15 of
20 the National Parks (Box-Ironbark and
Other Parks) Act 2002, a licence over any
part of the land described in Part 8 of
Schedule Four--
(a) that has been granted to a person under
25 section 138 of the Land Act 1958 to
use land for the purposes of a dam; and
(b) that is in force immediately before the
commencement of that section--
subject to the provisions of the Land Act
30 1958, continues in force as a licence granted
under that Act until the date of its expiry.
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Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
30I. Protection of access rights of freeholders in
relation to certain parks
(1) If a person holds a fee simple in land
abutting or surrounded by a relevant park,
5 the Minister may grant to that person that
reasonable right of access to his or her land
that will, in the Minister's opinion, allow that
person to use his or her land.
(2) A right of access under this section is subject
10 to any conditions the Minister thinks fit to
impose.
(3) For the purpose of allowing a person to
exercise a right under this section, the
Minister may exempt that person from any
15 regulation affecting the relevant park.
(4) In this section "relevant park" means the
land described in any of the following--
(a) Part 30, Part 41 or Part 42 of
Schedule Two;
20 (b) Part 15, Part 26, Part 30 or Part 37 of
Schedule Two B;
(c) Part 8 of Schedule Four.
30J. Protection of access rights of freeholders in
Mitchell River National Park
25 (1) If a person holds a fee simple in land
surrounded by the park described in Part 8 of
Schedule Two, the Minister may grant to that
person that reasonable right of access to his
or her land that will, in the Minister's
30 opinion, allow that person to use his or her
land.
(2) A right of access under this section is subject
to any conditions the Minister thinks fit to
impose.
10
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National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
(3) For the purpose of allowing a person to
exercise a right under this section, the
Minister may exempt that person from any
regulation affecting the park.
5 30K. Right to move cattle or sheep through
Heathcote-Graytown National Park and
Broken-Boosey State Park
(1) If a person holds a fee simple in land
abutting the park described in Part 42 of
10 Schedule Two or Part 37 of Schedule Two B,
the Minister may grant to that person a
reasonable right to move cattle or sheep
through any part of the park.
(2) A right under this section is subject to any
15 conditions the Minister thinks fit to impose.
(3) For the purpose of allowing a person to
exercise a right under this section, the
Minister may exempt that person from any
regulation affecting the park.
20 30L. Reports to be prepared for certain parks
(1) In relation to the parks described in Parts 8,
23, 30, 40, 41, 42 and 43 of Schedule Two
the Minister must cause a report for each
park, setting out the information prescribed
25 in sub-section (2), to be laid before each
House of Parliament within 12 months of the
commencement of section 12 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, or, if either House is not
30 then sitting, within 5 sitting days of that
House after that date.
(2) In relation to the parks described in Parts 15,
26, 30, 37 and 38 of Schedule Two B the
Minister must cause a report for each park,
35 setting out the information prescribed in sub-
section (2), to be laid before each House of
11
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 8
Parliament within 12 months of the
commencement of section 13 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, or, if either House is not
5 then sitting, within 5 sitting days of that
House after that date.
(3) A report prepared under sub-section (1) or
(2) must--
(a) set out the priorities for the
10 achievement of the management
objectives listed in section 17(2); and
(b) set out the actions that are required to
achieve those priorities through the
management plan; and
15 (c) set out the funding that has been
allocated to achieving those priorities;
and
(d) be independently assessed.
30M. Water licences--Broken-Boosey State Park
20 A licence under section 51 or 67 of the
Water Act 1989 that authorises the
construction, installation, operation,
alteration, removal or decommissioning of
works on any part of the land described in
25 Part 37 of Schedule Two B must not be
issued except with the consent of the
Minister and subject to any conditions the
Minister thinks fit to impose.
8. Searching for minerals
30 (1) Insert the following heading to section 32D of the
National Parks Act 1975--
"Authorities to search for minerals in
certain parks".
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 9
(2) In section 32D(1) of the National Parks Act
1975, for paragraphs (a), (b), (c) and (d)
substitute--
"(a) the parks described in any of the following--
5 (i) Part 30, 41, 42 or 43 of Schedule Two;
(ii) Part 15, 26, 31, 36 or 38 of Schedule
Two B;
(iii) Part 1 or 13 of Schedule Three;
(iv) Part 8 of Schedule Four--
10 in which searching for minerals under a
miner's right or tourist fossicking authority
will be permitted;
(b) the parks described in any of the following--
(i) Part 31 of Schedule Two;
15 (ii) Part 15 or 30 of Schedule Two B;
(iii) Part 15 of Schedule Three--
in which searching for gemstones under a
miner's right or tourist fossicking authority
will be permitted;
20 (c) the tidal zones of the park described in Part 4
of Schedule Four in which searching for
gemstones under a miner's right or tourist
fossicking authority will be permitted.".
(3) In section 32D(2) of the National Parks Act
25 1975, for "fossick or prospect or fossick and
prospect (as the case may be)" substitute "search
for minerals".
9. Carriage and use of firearms--Reef Hills State Park
In section 37(2) of the National Parks Act
30 1975--
(a) for "to carry and use" substitute "to carry or
use";
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 10
(b) after "Schedule Two or" insert "Part 38 of
Schedule Two B or";
(c) for "6, 8 and 12" substitute "6 and 8".
10. Amendment to provisions relating to mining in parks
5 (1) In section 40 of the National Parks Act 1975,
after sub-section (1B) insert--
"(1C) Despite sub-sections (1) and (1AA) of this
section, a mining licence or an exploration
licence may be granted (if the Minister so
10 consents) in respect of any part of the park
described in Part 41 of Schedule Two that is
shown by hatching or cross-hatching on the
plans lodged in the Central Plan Office and
numbered N.P. 105A and N.P. 105B.
15 (1D) A mining licence granted in accordance with
sub-section (1C)--
(a) despite section 14 of the Mineral
Resources Development Act 1990,
does not entitle the holder to do
20 anything in the part of the park in
respect of which the licence has been
granted other than construct and
operate minor mining infrastructure;
and
25 (b) is subject to any terms and conditions
imposed by the Minister as to the
nature of the infrastructure and as to the
effect any such infrastructure may have
on the park.
30 (1E) An exploration licence granted in accordance
with sub-section (1C) is subject to any terms
and conditions that the Minister thinks fit to
impose.
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s. 10
(1F) Despite the application of sub-section (1) to
the land described in Part 6 of Schedule Four
and section 14 of the Mineral Resources
Development Act 1990, a mining licence
5 granted in respect of any part of the land so
described does not entitle the holder to carry
out mining on the land surface of the whole
or any part of the land so described.
(1G) Despite any provision of this Act or
10 section 14 of the Mineral Resources
Development Act 1990, a mining licence
granted in respect of any part of the land
described in Part 6 of Schedule Four may
authorise the holder to construct and operate
15 minor mining infrastructure (whether on the
surface or otherwise) of the land so
described, if the Minister has consented to
any such construction or operation.
(1H) A mining licence in respect of which a
20 consent has been given under sub-section
(1G) is subject to any terms and conditions
imposed by the Minister as to the nature of
the infrastructure and as to the effect the
infrastructure may have on the land
25 described in Part 6 of Schedule Four.".
(2) In section 40(3) of the National Parks Act 1975,
for "(1) or (1A) or (2)" substitute "(1), (1A),
(1C), (1G) or (2)".
(3) In section 40(6) of the National Parks Act 1975,
30 for "lease licence permit or consent" substitute
"lease, licence or permit to which sub-section (1)
applies or any such consent of the Minister under
sub-section (1A) or (2)."
15
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 11
(4) In section 40 of the National Parks Act 1975,
after sub-section (6) insert--
"(7) The Minister must cause notice of any
mining licence or exploration licence to
5 which sub-section (1C) or (1G) applies and
any consent of the Minister to the granting of
any such mining licence or exploration
licence to be laid before both Houses of
Parliament.".
10 11. Insertion of new sections 50A to 50N
After section 50 of the National Parks Act 1975
insert--
'50A. National Parks (Box-Ironbark and Other
Parks) Act 2002--Cessation of rights
15 (1) On the commencement of section 12 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002--
(a) the lands delineated and coloured green
on the plans lodged in the Central Plan
20 Office and numbered N.P. 42/4 and
N.P. 42B, N.P. 84/2, N.P. 105A and
N.P. 105B, N.P. 106 and N.P. 107
cease to be reserved forest; and
(b) the lands delineated and coloured
25 brown on the plan lodged in the Central
Plan Office and numbered N.P. 106
cease to be reserved forest.
(2) On the commencement of section 12 of the
National Parks (Box-Ironbark and Other
30 Parks) Act 2002, the lands delineated and
coloured yellow on the plans lodged in the
Central Plan Office and numbered N.P. 7/3,
N.P. 42/4 and N.P. 42A, N.P. 84/2,
N.P. 105A and N.P. 105B, N.P. 106 and
35 N.P. 107 cease to be roads or parts of roads
or road reserves and all rights, easements and
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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 any
5 past user or fiction of law cease and
determine.
(3) On the commencement of section 13 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002--
10 (a) the lands delineated and coloured green
on the plans lodged in the Central Plan
Office and numbered N.P. 64/2,
N.P. 96/3 and N.P. 26/6 cease to be
reserved forest; and
15 (b) the lands delineated and coloured
brown on the plan lodged in the Central
Plan Office and numbered N.P. 64/2
cease to be reserved forest.
(4) On the commencement of section 13 of the
20 National Parks (Box-Ironbark and Other
Parks) Act 2002, the lands delineated and
coloured yellow on the plans lodged in the
Central Plan Office and numbered N.P. 64/2,
N.P. 96/3, N.P. 26/6 and N.P. 108 cease to
25 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
or implied grant or past dedication or
30 supposed dedication or any past user or
fiction of law cease and determine.
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50B. National Parks (Box-Ironbark and Other
Parks) Act 2002--Revocation of interests in
land--Greater Bendigo National Park
On the commencement of section 12 of the
5 National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
coloured grey on the plan lodged in the
Central Plan Office and numbered N.P. 105B
is deemed to be freed and discharged from
10 all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests over that land that were in existence
immediately before that commencement.
50C. National Parks (Box-Ironbark and Other
15 Parks) Act 2002--Land to become reserved
forest--Land adjoining Paddys Ranges
State Park
On the commencement of section 13 of the
National Parks (Box-Ironbark and Other
20 Parks) Act 2002, the land delineated and
coloured orange on the plan lodged in the
Central Plan Office and numbered
N.P. 96/3--
(a) ceases to be roads or parts of roads or
25 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
30 dedication or any past user or fiction of
law cease and determine; and
(b) the land is deemed to be reserved forest
under section 42 of the Forests Act
1958.
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50D. National Parks (Box-Ironbark and Other
Parks) Act 2002--Continuation of licences
to cut and take away forest produce for the
purpose of eucalyptus oil harvesting under
5 the Forests Act 1958--Greater Bendigo
National Park
(1) On the commencement of section 12 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, any licence in force
10 immediately before the commencement
of that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce for the purpose of
eucalyptus oil harvesting on any part of the
15 land shown by cross-hatching on the plan
lodged in the Central Plan Office and
numbered N.P. 105A, subject to the
provisions of the Forests Act 1958,
continues in force as a licence granted under
20 that Act until the date of its expiry.
(2) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable licences to be granted
under that section to cut and take away forest
25 produce for the purposes of eucalyptus oil
harvesting to a person who is the holder of a
licence to which sub-section (1) applies in
respect of any part of the land shown by
cross-hatching on the plan referred to in sub-
30 section (1). Any licence so granted may be
dealt with under that section.
(3) This section expires on 26 February 2012.
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50E. National Parks (Box-Ironbark and Other
Parks) Act 2002--Continuation of licences
to cut and take away forest produce under
the Forests Act 1958--Warby Range State
5 Park
On the commencement of section 13 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, any licence in force
immediately before the commencement
10 of that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce on any part of the
land shown by cross-hatching on the plan
lodged in the Central Plan Office and
15 numbered N.P. 26/6, subject to the
provisions of the Forests Act 1958,
continues in force as a licence granted under
that Act until the date of its expiry.
50F. National Parks (Box-Ironbark and Other
20 Parks) Act 2002--Granting of licences to
cut and take away forest produce for
firewood under the Forests Act 1958--
Certain national parks, State parks and
Crown land reserves
25 (1) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable a licence to be granted
under that section to cut and take away for
firewood, forest produce that has been cut in
30 accordance with a licence granted under that
section before 13 July 2002, in respect of any
part of the land described in Part 41, 42 or 43
of Schedule Two, Part 15 of Schedule Two B
or Part 8 of Schedule Four. Any licence so
35 granted may be dealt with under that section.
(2) Sub-section (1) expires on 31 December
2005.
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(3) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable a licence to be granted
under that section to cut and take away for
5 firewood, forest produce that has been cut in
accordance with a licence to which
section 50E applies, in respect of any part of
the land shown by cross-hatching on the plan
lodged in the Central Plan Office and
10 numbered N.P. 26/6. Any licence so granted
may be dealt with under that section.
(4) Sub-section (3) expires on 30 June 2003.
50G. National Parks (Box-Ironbark and Other
Parks) Act 2002--Continuation of licences
15 to cut and take away forest produce under
the Forests Act 1958--Heathcote-Graytown
National Park
On the commencement of section 12 of the
National Parks (Box-Ironbark and Other
20 Parks) Act 2002, any licence in force
immediately before the commencement of
that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce on any part of the
25 land described in Part 42 of Schedule Two,
subject to the provisions of the Forests Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.
50H. National Parks (Box-Ironbark and Other
30 Parks) Act 2002--Continuation of apiary
licences under the Land Act 1958 and the
Forests Act 1958
(1) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
35 Ironbark and Other Parks) Act 2002, a
bee farm licence or apiary occupation
right--
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(a) granted to a person under section 141,
147 or 149 of the Land Act 1958 in
respect of any part of the land described
in Part 30, 41, 42 or 43 of Schedule
5 Two, Part 15 or 37 of Schedule Two B
or Part 8 of Schedule Four; and
(b) in force immediately before the
commencement of those sections--
subject to the provisions of the Land Act
10 1958, continues in force as a licence granted
under that Act until the date of its expiry.
(2) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
15 licence to take honey--
(a) granted to a person under section 52 of
the Forests Act 1958 in respect of any
part of the land described in Part 30, 41,
42 or 43 of Schedule Two, Part 15, 26
20 or 30 of Schedule Two B or Part 8 of
Schedule Four; and
(b) in force immediately before the
commencement of those sections--
subject to the provisions of the Forests Act
25 1958, continues in force as a licence granted
under that Act until the date of its expiry.
50I. National Parks (Box-Ironbark and Other
Parks) Act 2002--Powers in relation to
certain grazing licences under the Land Act
30 1958 and the Forests Act 1958
(1) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
grazing licence for a term of one year--
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(a) granted to a person under section 130
of the Land Act 1958 in respect of any
part of the land described in Part 41 or
42 of Schedule Two, Part 37 of
5 Schedule Two B or Part 8 of
Schedule Four; and
(b) in force immediately before that
commencement--
subject to the provisions of the Land Act
10 1958, continues in force as a licence granted
under that Act until the date of its expiry.
(2) Despite anything to the contrary in this Act,
section 130 of the Land Act 1958 continues
to apply to enable grazing licences to be
15 granted under that section to a person who is
the holder of a licence to which sub-section
(1) applies in respect of land described in the
licence. Any licence so granted may be dealt
with under that section.
20 (3) Sub-sections (1) and (2) expire 3 years after
the commencement of sections 12, 13 and
15.
(4) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
25 Ironbark and Other Parks) Act 2002, a
grazing licence for a term of five years--
(a) granted to a person under section 130
of the Land Act 1958 over any part of
the land described in Part 30 of
30 Schedule Two, Part 15 or 37 of
Schedule Two B or Part 8 of
Schedule Four; and
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(b) in force immediately before that
commencement--
subject to the provisions of the Land Act
1958, continues in force as a licence granted
5 under that Act until 3 years after the
commencement of sections 12, 13 and 15 of
the National Parks (Box-Ironbark and
Other Parks) Act 2002 or the expiry of the
licence (whichever is the later).
10 (5) Despite the commencement of sections 12,
13 and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
grazing licence--
(a) granted to a person under section 52 of
15 the Forests Act 1958 over any part of
the land described in Part 30, 41 or 42
of Schedule Two, Part 15 of
Schedule Two B or Part 8 of
Schedule Four; and
20 (b) in force immediately before the
commencement of those sections--
subject to the provisions of the Forests Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.
25 (6) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable grazing licences to be
granted under that section to a person who is
the holder of a licence to which sub-section
30 (5) applies in respect of land described in the
licence. Any licence so granted may be dealt
with under that section.
(7) Sub-sections (5) and (6) expire 3 years after
the commencement of sections 12, 13 and
35 15.
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50J. National Parks (Box-Ironbark and Other
Parks) Act 2002--Continuation of grazing
licences under the Land Act 1958--
Mitchell River National Park
5 Despite the commencement of section 12 of
the National Parks (Box-Ironbark and
Other Parks) Act 2002, a grazing licence--
(a) granted to a person under section 130
of the Land Act 1958 in respect of any
10 part of the land shown hatched on the
plan lodged in the Central Plan Office
and numbered N.P. 7/3; and
(b) in force immediately before that
commencement--
15 subject to the provisions of the Land Act
1958, continues in force as a licence granted
under that Act until 30 June 2003.
50K. Land to become part of park on surrender
to the Crown
20 If the land shown delineated and coloured
blue on the plan numbered N.P. 105B is not
surrendered to the Crown before the
commencement of section 12 of the
National Parks (Box-Ironbark and Other
25 Parks) Act 2002, that land is deemed to be
excluded from the park described in Part 41
of Schedule Two until the title to the land is
surrendered to the Crown.
50L. National Parks (Box-Ironbark and Other
30 Parks) Act 2002--Transitional provision--
Existing authorities under the Mineral
Resources Development Act 1990
(1) For the purposes of the renewal of an
exploration licence over any relevant Greater
35 Bendigo land that is in force immediately
before the commencement of the National
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Parks (Box-Ironbark and Other Parks)
Act 2002, the licence is to be taken to be, on
and from that commencement, an
exploration licence to which section 40(1C)
5 applies.
(2) In this section "relevant Greater Bendigo
land" means that part of the park described
in Part 41 of Schedule Two that is shown by
hatching or cross-hatching on the plans
10 lodged in the Central Plan Office and
numbered N.P. 105A and N.P. 105B.
50M. Registrar of Titles to make necessary
amendments to records
The Registrar of Titles, on being requested to
15 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
1958 that are necessary because of the
20 operation of any provision of the National
Parks (Box-Ironbark and Other Parks)
Act 2002.
50N. Native Title not affected by amendments
(1) The amendments made to this Act by the
25 National Parks (Box-Ironbark and Other
Parks) Act 2002 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
30 affected or are authorised to be affected by
or under the Native Title Act 1993 of the
Commonwealth.
(3) In this section--
"affect" has the same meaning as in the
35 Native Title Act 1993 of the
Commonwealth;
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"native title rights and interests" has the
same meaning as in the Native Title
Act 1993 of the Commonwealth.'.
12. Amendment of Schedule Two
5 (1) In Part 8 of Schedule Two to the National Parks
Act 1975--
(a) for "11 900 hectares" substitute "14 250
hectares";
(b) for "Marlook" substitute "Marlooh,
10 Morekana";
(c) for "bordered red or bordered green"
substitute "coloured pink";
(d) omit ", excepting therefrom the roads shown
as excluded also excepting therefrom land
15 bordered blue";
(e) for "N.P. 7/2" substitute "N.P. 7/3".
(2) In Part 23 of Schedule Two to the National Parks
Act 1975--
(a) for "490 square kilometres" substitute
20 "49 049 hectares";
(b) after "Wilson's Promontory, being" insert
"the land delineated and coloured pink on a
plan lodged in the Central Plan Office and
numbered N.P. 17A and".
25 (3) In Schedule Two to the National Parks Act 1975,
for Part 30 substitute--
"PART 30--CHILTERN-MT PILOT NATIONAL
PARK
All those pieces and parcels of land
30 containing 21 565 hectares, more or less, in
the Parishes of Barambogie, Barnawatha
South, Beechworth, Byawatha, Chiltern,
Chiltern West, El Dorado, Everton,
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Woorragee, Woorragee North, County of
Bogong, being the land delineated and
coloured pink or coloured green or coloured
yellow in the plans lodged in the Central
5 Plan Office and numbered N.P. 42/4 and
N.P. 42A.".
(4) In Part 40 of Schedule Two to the National Parks
Act 1975--
(a) for "3770 hectares" substitute "3 880
10 hectares";
(b) for "bordered red" substitute "coloured pink
or coloured green";
(c) omit ", excepting therefrom the roads shown
as excluded";
15 (d) for "N.P. 84/1" substitute "N.P. 84/2".
(5) In Schedule Two to the National Parks Act 1975,
after Part 40 insert--
"PART 41--GREATER BENDIGO NATIONAL
PARK
20 All those pieces and parcels of land
containing 17 000 hectares, more or less,
situate in the Parishes of Bagshot, Egerton,
Huntly, Lockwood, Mandurang,
Neilborough, Nerring, Sandhurst,
25 Strathfieldsaye and Whirrakee, County of
Bendigo, being the land delineated and
coloured pink or coloured green or coloured
yellow or coloured grey or coloured blue
excepting therefrom the roads shown as
30 excluded in plans lodged in the Central Plan
Office and numbered N.P. 105A and N.P.
105B and, in the case of the land shown by
hatching or cross-hatching on those plans,
that is at or above a depth of 100 metres
35 below the land surface.
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PART 42--HEATHCOTE-GRAYTOWN
NATIONAL PARK
All those pieces and parcels of land
containing 12 700 hectares, more or less,
5 situate in the Township of Graytown and the
Parishes of Cherrington, Costerfield, Dargile,
Heathcote, Moormbool East, Moormbool
West, Redcastle and Wirrate, Counties of
Dalhousie and Rodney, being the land
10 delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
the Central Plan Office and numbered
N.P. 106.
PART 43--ST ARNAUD RANGE NATIONAL
15 PARK
All those pieces and parcels of land
containing 13 900 hectares, more or less,
situate in the Parishes of Barkly, Boola
Boloke, Carapooee West and Redbank,
20 County of Kara Kara, being the land
delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
the Central Plan Office and numbered
N.P. 107.".
25 13. Amendment of Schedule Two B
(1) In Schedule Two B to the National Parks Act
1975, Parts 13 and 14 are repealed.
(2) In Schedule Two B to the National Parks Act
1975, for Part 15 substitute--
30 "PART 15--KOOYOORA STATE PARK
All those pieces and parcels of land
containing 11 350 hectares, more or less,
situate in the Township of Kooyoora and the
Parishes of Brenanah, Glenalbyn,
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Kangderaar, Kingower, Tchuterr and Wehla,
County of Gladstone, being the land
delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
5 the Central Plan Office and numbered
N.P. 64/2.".
(3) In Part 26 of Schedule Two B to the National
Parks Act 1975--
(a) for "1675 hectares" substitute "2 010
10 hectares";
(b) for "Parishes of Amherst and Maryborough"
substitute "Parishes of Amherst, Bung Bong
and Maryborough";
(c) for "bordered red or coloured yellow
15 excepting therefrom the roads shown as
excluded, also excepting therefrom land
bordered blue" substitute "coloured pink or
coloured green or coloured yellow";
(d) for "N.P. 96/2" substitute "N.P. 96/3".
20 (4) In Part 30 of Schedule Two B to the National
Parks Act 1975--
(a) for "7600 hectares" substitute "11 460
hectares";
(b) for "Parishes of Glenrowen, Killawarra and
25 Taminick" substitute "Parishes of Boweya,
Glenrowen, Killawarra, Peechelba and
Taminick";
(c) for "bordered red or bordered green,
excepting therefrom the WangarattaThoona
30 road and the roads shown as excluded, also
excepting therefrom the land bordered blue
in plans" substitute "coloured pink or
coloured green or coloured yellow in a plan";
(d) for "N.P. 26/5 and N.P. 26A" substitute
35 "N.P. 26/6".
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(5) In Schedule Two B to the National Parks Act
1975, Part 33 is repealed.
(6) In Schedule Two B to the National Parks Act
1975, after Part 36 insert--
5 "PART 37--BROKEN-BOOSEY STATE PARK
All those pieces and parcels of land
containing 1 030 hectares, more or less,
situate in the Townships of Dunbulbalane,
Katamatite and Wunghnu and the Parishes of
10 Boosey, Drumanure, Dunbulbalane,
Katamatite, Naringaningalook, Tharanbegga,
Youanmite and Youarang, County of Moira,
being the land delineated and coloured pink
and coloured yellow excepting therefrom the
15 roads shown as excluded in a plan lodged in
the Central Plan Office and numbered
N.P. 108.
PART 38--REEF HILLS STATE PARK
All those pieces and parcels of land
20 containing 2 020 hectares, more or less,
situate in the Parishes of Benalla and
Kelfeera, County of Delatite, being the land
delineated and coloured pink in a plan
lodged in the Central Plan Office and
25 numbered N.P. 68/1.".
14. Amendment of Schedule Three
(1) In Part 1 of Schedule Three to the National Parks
Act 1975--
(a) for "1130 hectares" substitute "1 080
30 hectares";
(b) for "N.P. 38A/1" substitute "N.P. 38A/2".
(2) In Schedule Three to the National Parks Act
1975, Part 12 is repealed.
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15. Amendment of Schedule Four
(1) In Part 6 of Schedule Four to the National Parks
Act 1975--
(a) in the heading to the Part, for "DEEP
5 LEAD FLORA AND FAUNA
RESERVE" substitute "DEEP LEAD
NATURE CONSERVATION RESERVE
(NO. 1)";
(b) after "1120 hectares, more or less," insert "to
10 a depth of 100 metres below the land
surface";
(c) after "24 November 1987" insert "and
section 33 of the Crown Land (Reserves)
Act 1978";
15 (d) after "2 December 1987" insert "and section
33 of the Crown Land (Reserves) Act
1978";
(e) for "Sections 1 to 6 inclusive, 9 to 27
inclusive, 33(2), 33(3) and 35 to 48
20 inclusive." substitute "Sections 3, 4(b) and
(c), 6, 11, 14, 15, 16, 16A, 18, 19, 19B, 19F,
20, 21, 22, 23, 24, 26A, 27, 33, 35, 36, 37,
38, 39, 40, 41, 43, 44, 45, 46, 47, 47A, 47B,
47C and 48.".
25 (2) In Schedule Four to the National Parks Act 1975,
after Part 7 insert--
"PART 8--CASTLEMAINE DIGGINGS
NATIONAL HERITAGE PARK
Description
30 Crown land permanently reserved under
section 31 of the Crown Land (Reserves)
Act 1978 for the purposes of the protection
of cultural and natural heritage.
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Section of Act under which land is managed
19B.
Date of appointment of Secretary to manage
the land
5 The date on which section 17 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002 comes into operation.
Provisions of Act that apply to the land
Sections 3, 4(b) and (c), 6, 11, 14, 15, 16,
10 16A, 18, 19, 19B, 19F, 20, 21, 22, 23, 24,
26A, 27, 32D, 33, 35, 36, 37, 38, 39, 41, 43,
44, 45, 46, 47, 47A, 47B, 47C and 48.
Application of Regulations to the land
Park Regulations 1992.
15 Note: The description of this land is as
follows--
All those pieces and parcels of land
containing 7 500 hectares, more or less,
situate in the Township of Fryerstown
20 and the Parishes of Castlemaine,
Chewton, Faraday, Fryers, Holcombe
and Yandoit, County of Talbot, being
the land delineated and coloured pink
or coloured green or coloured yellow in
25 plans lodged in the Central Plan Office
of the Department of Natural Resources
and Environment and numbered
N.P. 109A, N.P. 109B and N.P. 109C
to the extent that that land is at or above
30 a depth of 100 metres below the land
surface.".
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16. Amendment of Schedule Six
(1) In Part 21 of Schedule Six to the National Parks
Act 1975, after "Dannevig island" insert "Citadel
island".
5 (2) In Schedule Six to the National Parks Act 1975,
after Part 21 insert--
"PART 22--SOUTHERN WILSONS
PROMONTORY AREA
All those pieces and parcels of land,
10 containing 144 square kilometres more or
less, situate in the Wilsons Promontory
National Park, being the land shown
bordered red on a plan lodged in the
Central Plan Office and numbered
15 N.P.R.N.A. 21.".
__________________
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National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 17
1978
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
See:
17. Castlemaine Diggings National Heritage Park placed Act No.
under control and management of Secretary 9212.
Reprint No. 6
5 (1) In section 18 of the Crown Land (Reserves) Act as at
1 December
1978, after sub-section (1) insert-- 2001 and
amending
"(1A) The land described in section 31 is placed Act No.
under the control and management of the 11/2002.
LawToday:
Secretary for the purposes of section 19B of www.dms.
10 the National Parks Act 1975.". dpc.vic.
gov.au
(2) In section 18(2) of the Crown Land (Reserves)
Act 1978, after "(1)" insert "or (1A)".
18. Insertion of new Part 6
After Part 5 of the Crown Land (Reserves) Act
15 1978 insert--
"PART 6--PROVISIONS RELATING TO
PARTICULAR CROWN LAND RESERVES
31. Castlemaine Diggings National Heritage
Park
20 (1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Amendments) Act 2002, any reservation of
the Castlemaine diggings land is revoked and
the land--
25 (a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
35
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National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
5 (c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
protection of cultural and natural
heritage.
10 (2) In this section "Castlemaine diggings
land" means all those pieces and parcels of
land containing 7 500 hectares, more or less,
situate in the Township of Fryerstown and
the Parishes of Castlemaine, Chewton,
15 Faraday, Fryers, Holcombe and Yandoit,
County of Talbot, being the land delineated
and coloured pink or coloured green or
coloured yellow in plans lodged in the
Central Plan Office of the Department of
20 Natural Resources and Environment and
numbered N.P. 109A, N.P. 109B and N.P.
109C, to the extent that that land is at or
above a depth of 100 metres below the land
surface.
25 32. Castlemaine Diggings National Heritage
Park--Cessation of rights
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002--
30 (a) the lands delineated and coloured green
on the plans lodged in the Central Plan
Office of the Department of Natural
Resources and Environment and
numbered N.P. 109B and N.P. 109C
35 cease to be reserved forest; and
36
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(b) the lands delineated and coloured
brown on the plan lodged in the Central
Plan Office of the Department of
Natural Resources and Environment
5 and numbered N.P. 109B cease to be
reserved forest.
(2) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the lands delineated and
10 coloured yellow on the plans lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered N.P. 109A, N.P. 109B and
N.P. 109C cease to be roads or parts of roads
15 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 any
20 past user or fiction of law cease and
determine.
33. Deep Lead Nature Conservation Reserve
(No. 1)--Revocation of part of reserve
(1) On the commencement of section 15 of the
25 National Parks (Box-Ironbark and Other
Parks) Act 2002, the reservation of the land
described in the Fourth Schedule is revoked
and the land--
(a) is deemed to be unalienated land of the
30 Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) any regulations made under section 13
35 of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land.
37
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National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
any other Act or any regulations.
34. Deep Lead Nature Conservation Reserve
5 (No. 1)--Cessation of rights
On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, any part of the land
described in Part 6 of Schedule Four of the
10 National Parks Act 1975 that is reserved
forest ceases to be reserved forest.
35. Deep Lead Nature Conservation Reserve
(No. 2)
On the commencement of section 18 of the
15 National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
coloured pink or coloured green on the plan
lodged in the Central Plan Office of the
Department of Natural Resources
20 and Environment and numbered
LEGL./02070, to the extent that that land is
at or above a depth of 100 metres below the
land surface, is deemed to be permanently
reserved under this Act for public purposes,
25 being, in particular, the purposes specified in
paragraphs (l), (m), (n) and (o) of section 4.
36. Deep Lead Nature Conservation Reserve
(No. 2)--Cessation of rights
On the commencement of section 18 of the
30 National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
coloured green on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
35 numbered LEGL./02070 ceases to be
reserved forest.
38
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
37. Black Dog Creek Natural Features Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
5 coloured pink on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02071--
(a) is deemed to be unalienated land of the
10 Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) any regulations made under section 13
15 of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
(c) is deemed to be permanently reserved
under this Act for public purposes,
20 being, in particular, the purposes of the
protection of natural features.
(2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
any other Act or any regulations.
25 38. Nathalia Natural Features Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
coloured pink or coloured yellow excepting
30 therefrom the roads shown as excluded on
the plan lodged in the Central Plan Office of
the Department of Natural Resources and
Environment and numbered
LEGL./02072--
39
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
5 interests; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
10 (c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
protection of natural features.
(2) Sub-section (1)(a) is not to be taken to affect
15 any licence or authority issued under this or
any other Act or any regulations.
39. Numurkah Natural Features Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
20 Parks) Act 2002, the land delineated and
coloured pink excepting therefrom the roads
shown as excluded on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
25 numbered LEGL./02073--
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
30 interests; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
40
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
protection of natural features.
5 (2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
any other Act or any regulations.
40. Tungamah Natural Features Reserve
(1) On the commencement of section 18 of the
10 National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
coloured pink or coloured yellow excepting
therefrom the roads shown as excluded on
the plan lodged in the Central Plan Office of
15 the Department of Natural Resources and
Environment and numbered
LEGL./02074--
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
20 trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
25 1978 are revoked in so far as they apply
to the land; and
(c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
30 protection of natural features.
(2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
any other Act or any regulations.
41
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
41. Wattville Natural Features Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
5 coloured pink excepting therefrom the roads
shown as excluded on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02075--
10 (a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
15 (b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
(c) is deemed to be permanently reserved
20 under this Act for public purposes,
being, in particular, the purposes of the
protection of natural features.
(2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
25 any other Act or any regulations.
42. Youarang Natural Features Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the land delineated and
30 coloured pink excepting therefrom the roads
shown as excluded on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02076--
42
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 18
1978
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
5 interests; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
10 (c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
protection of natural features.
(2) Sub-section (1)(a) is not to be taken to affect
15 any licence or authority issued under this or
any other Act or any regulations.
43. Eldorado Historic Reserve
(1) On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
20 Parks) Act 2002, the land delineated and
coloured pink or coloured yellow on the plan
lodged in the Central Plan Office of the
Department of Natural Resources and
Environment and numbered
25 LEGL./02077--
(a) is deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
30 interests; and
(b) any regulations made under section 13
of the Crown Land (Reserves) Act
1978 are revoked in so far as they apply
to the land; and
43
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 3--AMENDMENTS TO THE CROWN LAND (RESERVES) ACT
s. 19
1978
(c) is deemed to be permanently reserved
under this Act for public purposes,
being, in particular, the purposes of the
protection of historic and cultural
5 features.
(2) Sub-section (1)(a) is not to be taken to affect
any licence or authority issued under this or
any other Act or any regulations.
44. Cessation of rights--Certain Crown land
10 reserves
On the commencement of section 18 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, the lands delineated and
coloured yellow on the plans lodged in the
15 Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02072, LEGL./02074
and LEGL./02077 cease to be roads or parts
of roads or road reserves and all rights,
20 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
any past user or fiction of law cease and
25 determine.".
19. Further amendment of the Crown Land (Reserves)
Act 1978
The Crown Land (Reserves) Act 1978 is
amended as set out in the Schedule.
__________________
44
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
s. 20
PART 4--AMENDMENTS TO OTHER ACTS
See:
20. Mineral Resources Development Act 1990--Mining Act No.
in Greater Bendigo National Park 92/1990.
Reprint No. 5
In section 6 of the Mineral Resources as at
23 August
5 Development Act 1990, after sub-section (2) 2001 and
insert-- amending
Act Nos
"(3) Despite sub-section (1), that part of the park 71/2001,
82/2001 and
described in Part 41 of Schedule Two to the 40/2002.
National Parks Act 1975 that is shown by LawToday:
www.dms.
10 hatching or cross-hatching on the plans dpc.vic.
lodged in the Central Plan Office and gov.au
numbered N.P. 105A and N.P. 105B is not
exempt from being subject to a mining
licence, to the extent of the entitlements set
15 out in section 40(1D)(a) of that Act, or from
being subject to an exploration licence.".
21. Insertion of new section 6A in the Mineral Resources
Development Act 1990
After section 6 of the Mineral Resources
20 Development Act 1990 insert--
'6A. Extent of application of licences and
authorities under this Act to Deep Lead
Nature Conservation Reserve (No. 2)
(1) Despite section 14, a mining licence issued
25 over the Deep Lead Nature Conservation
Reserve (No. 2) does not entitle the holder to
carry out mining on the land surface of the
whole or any part of the Reserve.
(2) Despite sub-section (1), a mining licence
30 granted over any part of the Deep Lead
Nature Conservation Reserve (No. 2) may
authorise the holder to construct and operate
minor mining infrastructure on the land
surface of the Reserve, if the Minister
45
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
s. 22
administering section 4 of the Crown Land
(Reserves) Act 1978 has consented to any
such construction or operation. Consent
under this sub-section must not be
5 unreasonably withheld.
(3) A mining licence in respect of which a
consent has been given under sub-section (2)
is subject to any terms and conditions
imposed by the Minister administering
10 section 4 of the Crown Land (Reserves)
Act 1978 as to the nature of the
infrastructure and as to the effect the
infrastructure may have on the Reserve.
(4) Deep Lead Nature Conservation Reserve
15 (No. 2) is exempted from being subject to a
miner's right or tourism fossicking authority
under Part 5.
(5) In this section "Deep Lead Nature
Conservation Reserve (No. 2)" means the
20 land described in section 35 of the Crown
Land (Reserves) Act 1978.'.
22. Amendment of section 55 of the Mineral Resources
Development Act 1990--Miner's right
In section 55(1)(b) of the Mineral Resources
25 Development Act 1990, after "6" insert ", 6A".
23. Amendment of section 59 of the Mineral Resources
Development Act 1990--Tourist fossicking authority
In section 59(1)(b) of the Mineral Resources
Development Act 1990, after "6" insert ", 6A".
30 24. Mineral Resources Development Act 1990--Restricted
Crown land
(1) In clause 1 of Schedule 3 to the Mineral
Resources Development Act 1990, for "a
recommendation made by the Land Conservation
35 Council under section 5(1)(a) of the Land
46
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
s. 24
Conservation Act 1970 of which notice has been
given by the Governor in Council under section
10(3) of that Act" substitute--
"--
5 (aa) a recommendation of the Victorian
Environmental Assessment Council, to the
extent that that recommendation has been
accepted by the Government under Part 3 of
the Victorian Environmental Assessment
10 Council Act 2001; or
(ab) in any case where paragraph (aa) does not
apply, a recommendation of the Land
Conservation Council under section 5(1) of
the Land Conservation Act 1970 (as in
15 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) In clause 1 of Schedule 3 to the Mineral
Resources Development Act 1990, for
20 paragraph (k) substitute--
"(k) coastal reserves;
(l) national heritage parks;
(m) nature conservation reserves;
(n) historic and cultural features reserves.".
25 (3) In Schedule 3 to the Mineral Resources
Development Act 1990, after clause 4 insert--
"4A. Any land that is described in section 37, 38,
39, 40, 41, 42 or 43 of the Crown Land
(Reserves) Act 1978.".
47
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
s. 25
25. Reference Areas Act 1978--Definitions
See:
Act No.
In section 2 of the Reference Areas Act 1978, for
9093.
Reprint No. 1 the definition of "public land" substitute--
as at
24 April 1997
' "public land" means--
and
amending
5 (a) any unalienated land of the Crown,
Act No.
including land temporarily or
41/1997.
LawToday:
permanently reserved under the Crown
www.dms.
Land (Reserves) Act 1978;
dpc.vic.
gov.au
(b) State forest, within the meaning of the
10 Forests Act 1958;
(c) park, within the meaning of the
National Parks Act 1975;
(d) land vested in any public authority,
other than--
15 (i) a municipal council; or
(ii) an Authority under the Water Act
1989, to the extent that the land
vested in the Authority is within a
sewerage district listed in
20 column 3 of Schedule 12 of that
Act.'.
26. Reference Areas Act 1978--Proclamation of
reference areas
At the end of section 3 of the Reference Areas
25 Act 1978 insert--
"(2) Where the Minister, after having considered
a recommendation of the Victorian
Environmental Assessment Council under
the Victorian Environmental Assessment
30 Council Act 2001, is of the opinion that any
area of public land should be preserved in its
natural state as far as is possible, because the
area is of ecological interest and
significance, the Minister may recommend to
48
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
s. 27
the Governor in Council that that area be
proclaimed to be a reference area.".
See:
27. Amendment to Forests Act 1958--Declaration of Act No.
protected public lands 6254.
Reprint No. 7
5 In section 62(1A) of the Forests Act 1958, for as at
18 February
paragraph (d) substitute-- 1999 and
amending
"(d) the land is placed under the control and Act Nos
management of the Secretary pursuant to 53/1999,
66./2000,
section 18 of the Crown Land (Reserves) 69/2000,
10 Act 1978 for the purposes of section 19B of 74/2000,
11/2001,
the National Parks Act 1975, the land is 44/2001 and
deemed to be protected public land;". 84/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
49
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
PART 4--AMENDMENTS TO other Acts
Sch.
SCHEDULE
INSERTION OF FOURTH SCHEDULE IN THE CROWN
LAND (RESERVES) ACT 1978
After the Third Schedule to the Crown Land (Reserves) Act 1978 insert--
5 "FOURTH SCHEDULE
Situation and area of land Crown Allotments 214H, 214J and
214K Parish of Illawarra,
1120 hectares at a depth of more than
100 metres below the land surface
Instrument and date of reservation Order in Council dated 24 November
1987
Description of land by reference Government Gazette dated
to Government Gazette 2 December 1987, page 3272
Purpose of reservation For the preservation of species of
native plants
Extent of revocation All of the land
".
50
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
National Parks (Box-Ironbark and Other Parks) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
51
541312B.A1-18/10/2002 BILL LA AS SENT 25-10-2004
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