Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Parks (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 1
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975 3
3. Principal Act 3
4. Definitions 3
5. Substitution of sections 5 to 9 3
5. Director 4
6. Function of the Director 4
6. New section 16A inserted 4
16A. Secretary may enter into management agreements 4
7. Agreements relating to land outside the State 4
8. Repeal of sections 21A and 35A 4
9. Substitution of section 46 5
46. Proceedings 5
10. Insertion of new Part in Schedule Two--National Parks 5
11. Basalt Hill Quarry 5
12. Amendment of Schedules 6
13. Insertion of new Part VII 7
PART VII--TRANSITIONAL PROVISIONS 7
49. Duties etc. of Director to become duties of Secretary 7
50. Cessation of rights 8
PART VIII--CREATION OF CROWN LAND RESERVES 8
51. Goolengook Flora and Fauna Reserve 9
52. Martins Creek Flora and Fauna Reserve 9
14. Further amendments to the Principal Act 10
PART 3--CONSEQUENTIAL AMENDMENT 11
i
532023B.I1-22/4/98
Clause Page
15. Conservation, Forests and Lands Act 1987 11
__________________
SCHEDULE--Further amendments to the National Parks Act 1975 12
NOTES 15
ii
532023B.I1-22/4/98
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 April 1998
A BILL
to amend the National Parks Act 1975 and the Conservation,
Forests and Lands Act 1987 and for other purposes.
National Parks (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975; and
5 (b) to make other related provisions.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
1
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 2
Act No.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
5 not come into operation before 1 July 1999, it
comes into operation on that day.
_______________
2
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 3
Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975
No. 8702.
3. Principal Act
Reprint No. 6
In this Part the National Parks Act 1975 is called as at
12 September
5 the Principal Act. 1997. Further
amended by
Nos 37/1989,
38/1989,
92/1995,
7/1997,
55/1997,
89/1997 and
104/1997.
4. Definitions
In section 3(1) of the Principal Act insert--
' "relevant land" means the whole or part of land
that is--
10 (a) a national park or State park under
section 17;
(b) a wilderness park under section 17A;
(c) a park under section 18;
(d) an area to which an Order in force
15 under section 19F(1) applies;
(e) managed under section 19AA, 19A,
19C, 19E or 32AA;
"Secretary" has the same meaning as Director-
General has in the Conservation, Forests
20 and Lands Act 1987.'.
5. Substitution of sections 5 to 9
3
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 6
Act No.
For sections 5, 6, 7, 8 and 9 of the Principal Act
substitute--
"5. Director
(1) There must be appointed a Director of
5 National Parks.
(2) A person appointed under sub-section (1) is
appointed subject to the Public Sector
Management Act 1992.
6. Function of the Director
10 The function of the Director is to advise the
Minister and the Secretary about the
management of land to which this Act
applies.".
6. New section 16A inserted
15 After section 16 of the Principal Act insert--
"16A. Secretary may enter into management
agreements
The Secretary may enter into a management
agreement with Parks Victoria for the
20 management of the whole or any part of
relevant land.".
7. Agreements relating to land outside the State
In section 19D of the Principal Act, for "by the
Director" substitute "by the Secretary or another
25 person".
8. Repeal of sections 21A and 35A
Sections 21A and 35A of the Principal Act are
repealed.
4
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 9
Act No.
9. Substitution of section 46
For section 46 of the Principal Act substitute--
"46. Proceedings
(1) Proceedings for an offence against this Act
5 or the regulations may only be brought by
the Secretary.
(2) An authorised officer may appear on behalf
of the Secretary in proceedings for an
offence against this Act or the regulations.".
10 10. Insertion of new Part in Schedule Two--National
Parks
After Part 39 of Schedule Two to the Principal
Act insert--
"PART 40--TERRICK TERRICK NATIONAL
15 PARK
All those pieces of land containing 3770
hectares, situate in the Parishes of Terrick
Terrick East and Terrick Terrick West,
County of Gunbower, being land delineated
20 and bordered red or coloured yellow,
excepting therefrom the roads shown as
excluded in a plan lodged in the Central Plan
Office and numbered N.P. 84/1.".
11. Basalt Hill Quarry
25 After section 40(1AB) of the Principal Act
insert--
5
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 12
Act No.
"(1AC) Sub-sections (1AA), (3), (5) and (6) do not
apply in relation to the consent of the
Minister under sub-section (1) or a work
authority granted under the Extractive
5 Industries Development Act 1995 in
relation to the Basalt Hill Quarry in the
Alpine National Park, being the area shown
bordered in red on the plan lodged in the
Central Plan Office and numbered
10 N.P. 70BHQ.".
12. Amendment of Schedules
(1) In Part 34 of Schedule Two to the Principal Act--
(a) for "1672 square kilometres" substitute
"167 219 hectares";
15 (b) for "a plan lodged" substitute "the plans
lodged";
(c) after "N.P. 61/2" insert "and N.P. 61C".
(2) In Part 36 of Schedule Two to the Principal Act--
(a) for "256 km2" substitute "26 875 hectares";
20 (b) after "bordered red or green" insert "or
coloured yellow";
(c) omit "prepared by the Surveyor-General";
(d) after "N.P. 92/1" insert "and N.P. 92A".
(3) In Part 13 of Schedule Two B to the Principal
25 Act--
(a) for "7069 hectares" substitute
"7273 hectares";
(b) for "N.P. 72/2" substitute "N.P. 72/3".
(4) Part 28 of Schedule Two B to the Principal Act is
30 repealed.
6
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 13
Act No.
(5) In Part 17 of Schedule Six to the Principal Act, for
"105 square kilometres" substitute "6500
hectares".
13. Insertion of new Part VII
5 After Part VI of the Principal Act insert--
"PART VII--TRANSITIONAL PROVISIONS
49. Duties etc. of Director to become duties of
Secretary
(1) On and from the commencement of this
10 section all acts, matters or things of a
continuing nature begun by, against or in
relation to the Director may be continued or
completed by, against or in relation to the
Secretary.
15 (2) If, immediately before the commencement of
this section, proceedings to which the
Director was a party were pending or
existing in any court or tribunal, then, on and
after that commencement, the Secretary is
20 substituted for the Director as a party to the
proceedings and has the same rights and
obligations in the proceedings as the
Director had.
(3) On and from the commencement of this
25 section, a reference to the Director in--
(a) an Act other than this Act; or
(b) a subordinate instrument made under
this or any other Act--
7
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 13
Act No.
is deemed to be a reference to the Secretary.
50. Cessation of rights
(1) On the commencement of section 12(2) of
the National Parks (Amendment) Act
5 1998, the lands delineated and coloured
yellow on the plan numbered N.P. 92A
referred to in Part 36 of Schedule Two as in
force before that commencement cease to be
roads or parts of roads or road reserves and
10 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 past user or fiction of law
15 cease and determine.
(2) On the commencement of section 10 of the
National Parks (Amendment) Act 1998,
the lands delineated and coloured yellow on
the plan numbered N.P. 84/1 referred to in
20 Part 40 of Schedule Two cease to be roads or
parts of roads or road reserves and all rights,
easements and privileges existing or claimed,
either by the public or any other body and
incidental to any express or implied grant, or
25 past dedication or supposed dedication or
any past user or fiction of law cease and
determine.
(3) On the commencement of section 12(2) of
the National Parks (Amendment) Act
30 1998, the lands delineated by a green border
on the plan numbered N.P. 92A referred to in
Part 36 of Schedule Two cease to be
reserved forest.
PART VIII--CREATION OF CROWN LAND
35 RESERVES
8
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 13
Act No.
51. Goolengook Flora and Fauna Reserve
On the commencement of section 13 of the
National Parks (Amendment) Act 1998--
(a) any part of the land shown bordered in
5 red on the plan lodged in the Central
Plan Office and numbered LEGL./98-
50 that is reserved forest, ceases to be
reserved forest and is deemed to be
unalienated land of the Crown, freed
10 and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests;
and
(b) the land shown bordered in red on that
15 plan is deemed to be permanently
reserved under the Crown Land
(Reserves) Act 1978 for public
purposes being, in particular, the
purposes set out in section 4(1)(l)(m)(n)
20 and (o) of that Act.
52. Martins Creek Flora and Fauna Reserve
On the commencement of section 13 of the
National Parks (Amendment) Act 1998--
(a) any part of the land shown bordered in
25 red on the plan lodged in the Central
Plan Office and numbered LEGL./98-
51 that is reserved forest, ceases to be
reserved forest; and
(b) the permanent reservation of the part of
30 that land along the Brodribb River
(Government Gazette 1970 page 3470)
is revoked; and
(c) the land shown coloured yellow on the
plan referred to in paragraph (a) ceases
35 to be a road or part of a road or a road
9
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 14
Act No.
reserve and all rights, easements and
privileges existing or claimed either by
the public or any other body and
incidental to any express or implied
5 grant, or past dedication or supposed
dedication or any past user or fiction of
law cease and determine; and
(d) the land shown bordered in red in the
plan referred to in paragraph (a), except
10 the Bonang Road as shown excluded on
the plan, is deemed to be permanently
reserved under the Crown Land
(Reserves) Act 1978 for public
purposes being, in particular, the
15 purposes set out in section 4(1)(l)(m)(n)
and (o) of that Act.".
14. Further amendments to the Principal Act
The Principal Act is amended as set out in the
Schedule.
20 _______________
10
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
s. 15
Act No.
PART 3--CONSEQUENTIAL AMENDMENT
15. Conservation, Forests and Lands Act 1987
In the Conservation, Forests and Lands Act
1987--
5 (a) in section 83, sub-section (3) is repealed;
and
(b) in section 84, sub-section (3) is repealed.
__________________
11
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
Sch.
Act No.
SCHEDULE
FURTHER AMENDMENTS TO THE NATIONAL PARKS ACT
1975
1. In section 15 for "Director" substitute "Secretary".
5 2. In section 17(2), (3), and (4) for "Director" (wherever occurring)
substitute "Secretary".
3. In section 17A(2) and (3) for "Director" (wherever occurring)
substitute "Secretary".
4. In section 17B for "Director" substitute "Secretary".
10 5. In section 17C(1), (2) and (3) for "Director" (wherever occurring)
substitute "Secretary".
6. In section 18(2) for "Director" substitute "Secretary".
7. In section 19AA(1) and (2) for "Director" (wherever occurring)
substitute "Secretary".
15 8. In section 19A(1), (2) and (4) for "Director" (wherever occurring)
substitute "Secretary".
9. In section 19B(1), (2), (3), (4) and (6) for "Director" (wherever
occurring) substitute "Secretary".
10. In section 19C(1), (3) and (4) for "Director" (wherever occurring)
20 substitute "Secretary".
11. In section 19E(2) for "Director" substitute "Secretary".
12. In section 19F(1) for "Director" substitute "Secretary".
13. In section 20(1) and (2) for "Director" (wherever occurring) substitute
"Secretary".
25 14. In section 21(1), (1A) and (3) for "Director" (wherever occurring)
substitute "Secretary".
15. In section 21C(1) and (2) for "Director" (wherever occurring)
substitute "Secretary".
16. In section 21D(2), (3), (4), (5) and (6) for "Director" (wherever
30 occurring) substitute "Secretary".
17. In section 22B(1) and (2) for "Director" (wherever occurring)
substitute "Secretary".
18. In section 22D(2) for "Director" substitute "Secretary".
12
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
Sch.
Act No.
19. In section 25B(1) for "the Director, with the approval of the Minister
and" substitute "the Minister,".
20. In section 25B(2) for "Director" (where twice occurring) substitute
"Minister".
5 21. In section 25B, sub-section (6) is repealed.
22. In section 27(1), (2), and (3) for "Director" (wherever occurring)
substitute "Secretary".
23. In section 32 for "Director" substitute "Secretary".
24. In section 32AA(1), (2) and (3) for "Director" (wherever occurring)
10 substitute "Secretary".
25. In section 32AD(2) for "Director" substitute "Secretary".
26. In section 32AG(1) and (2) for "Director" (wherever occurring)
substitute "Secretary".
27. In section 32D(2) and (3) for "Director" (wherever occurring)
15 substitute "Secretary".
28. In section 32H(1), (2) and (3) for "Director" (wherever occurring)
substitute "Secretary".
29. In section 32I(1), (2) and (3) for "Director" (wherever occurring)
substitute "Secretary".
20 30. In section 32K(1) for "Director" substitute "Secretary".
31. In section 32L(1) for "Director" substitute "Secretary".
32. In section 32M(1) and (2) for "Director" (wherever occurring)
substitute "Secretary".
33. In section 33(3)(g)(iia), (iii) and (iv) for "Director" (wherever
25 occurring) substitute "Secretary".
34. In section 35(1) for "Director" substitute "Secretary".
35. In section 37(1), (2), (3), (4) and (5) for "Director" (wherever
occurring) substitute "Secretary".
36. In section 37AA(1) for "Director" substitute "Secretary".
30 37. In section 37A(3) for "Director" substitute "Secretary".
38. In section 41 for "Director" (wherever occurring) substitute
"Secretary".
39. In section 41(d) for "Director's" substitute "Secretary's".
40. In section 47(1) and (2) for "Director" (wherever occurring) substitute
35 "Secretary".
13
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
Sch.
Act No.
41. In section 47C(1) for "Director" (wherever occurring) substitute
"Secretary".
14
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
15
532023B.I1-22/4/98
National Parks (Amendment) Act 1998
Act No.
16
532023B.I1-22/4/98
[Index] [Search] [Download] [Related Items] [Help]