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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Parks (Point Nepean) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Point Nepean National Park 2
4. Insertion of new section 53 2
53. Definition 2
5. Insertion of new sections 65 to 67 3
65. Rights to cease--roads--Point Nepean Act 3
66. Land to become part of park on surrender to Crown 3
67. Registrar of Titles to make necessary amendments to
records 4
6. Amendment of Schedule Two 4
7. Further amendment in relation to Defence Road 4
8. Insertion of new section 58A 5
58A. Rights to cease, part of Defence Road--Point Nepean
Act 5
ENDNOTES 6
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551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the National Parks Act 1975 to make provision in relation
to certain land at Point Nepean and on the Mornington Peninsula and
for other purposes.
National Parks (Point Nepean) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the National
Parks Act 1975--
(a) to establish a national park to be known as
the Point Nepean National Park; and
5
(b) to make various amendments to the
Mornington Peninsula National Park; and
(c) to make other associated amendments.
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551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
National Parks (Point Nepean) Act 2005
s. 2
Act No.
2. Commencement
(1) This Act (except sections 7 and 8) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to sub-section (3), sections 7 and 8 come
5
into operation on a day to be proclaimed.
(3) If sections 7 and 8 do not come into operation
before 1 July 2006, they come into operation on
that day.
3. Point Nepean National Park
10
See: (1) In section 30(1) of the National Parks Act 1975,
Act No.
for "Part 4 of Schedule 2" substitute "Part 44 of
8702.
Reprint No. 9 Schedule Two".
as at
16 November
(2) In section 30(3) of the National Parks Act 1975,
2002
for 'marked "E-1" in the plan N.P. 20A/8 referred
15 and
amending
to in Part 4 of Schedule Two' substitute "shown
Act Nos
coloured brown or coloured yellow on the plan
38/1988 (as
amended by
numbered N.P. 110 lodged in the Central Plan
No. 64/2004),
Office".
80/2003,
84/2003,
97/2003,
12/2004,
48/2004 and
64/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Insertion of new section 53
20
After the heading to Part IX of the National
Parks Act 1975 insert--
'53. Definition
In this Part--
"Point Nepean Act" means the National
25
Parks (Point Nepean) Act 2005.'.
2
551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
National Parks (Point Nepean) Act 2005
s. 5
Act No.
5. Insertion of new sections 65 to 67
After section 64 of the National Parks Act 1975
insert--
"65. Rights to cease--roads--Point Nepean
Act
5
On the commencement of section 6(1) of the
Point Nepean Act, the lands delineated and
coloured yellow on the plan lodged in the
Central Plan Office and numbered
N.P. 20A/12 cease to be roads or parts of
10
roads or road reserves and all rights,
easements and privileges existing or claimed
either by the public or by any other body and
incidental to any express or implied grant or
past dedication or supposed dedication or
15
any past user or fiction of law cease and
determine.
66. Land to become part of park on surrender
to Crown
(1) If the land shown hatched on the plan lodged
20
in the Central Plan Office and numbered
N.P. 20A/12 is not surrendered to the Crown
before the commencement of section 6(1) of
the Point Nepean Act, that land is to be taken
to be excluded from the park described in
25
Part 4 of Schedule Two until the title to that
land is surrendered to the Crown.
(2) If the land shown hatched on the plan lodged
in the Central Plan Office and numbered
N.P. 110 is not surrendered to the Crown
30
before the commencement of section 6(2) of
the Point Nepean Act, that land is to be taken
to be excluded from the park described in
Part 44 of Schedule Two until the title to that
land is surrendered to the Crown.
35
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551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
National Parks (Point Nepean) Act 2005
s. 6
Act No.
67. Registrar of Titles to make necessary
amendments to records
The Registrar of Titles, on being requested to
do so and on submission of any relevant
certificate of title or other document, must
5
make any amendments to the Register under
the provisions of the Transfer of Land Act
1958 that are necessary because of the
operation of any provision of the Point
Nepean Act.".
10
6. Amendment of Schedule Two
(1) For Part 4 of Schedule Two to the National Parks
Act 1975 substitute--
"PART 4--MORNINGTON PENINSULA
NATIONAL PARK
15
All those pieces or parcels of land containing 2680 hectares,
more or less, situate in the Parishes of Fingal, Flinders,
Nepean and Wannaeue, County of Mornington, being the
land delineated by solid and dashed lines and coloured pink
20 or coloured yellow in the plan lodged in the Central Plan
Office and numbered N.P. 20A/12, excepting any land
between high and low water mark forming part of the park
described in Part 7 of Schedule Eight.".
(2) After Part 43 of Schedule Two to the National
Parks Act 1975 insert--
25
"PART 44--POINT NEPEAN NATIONAL PARK
All those pieces or parcels of land containing 470 hectares,
more or less, situate partly in the Parish of Nepean, County
of Mornington, being the land delineated by solid and
30 dashed lines and coloured pink or coloured yellow or
coloured brown in the plan lodged in the Central Plan Office
and numbered N.P. 110, excepting any land between high
and low water mark forming part of the park described in
Part 10 of Schedule Seven.".
7. Further amendment in relation to Defence Road
35
In section 30(3) of the National Parks Act 1975
omit "or coloured yellow".
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551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
National Parks (Point Nepean) Act 2005
s. 8
Act No.
8. Insertion of new section 58A
After section 58 of the National Parks Act 1975
insert--
"58A. Rights to cease, part of Defence Road--
Point Nepean Act
5
On the coming into operation of section 7 of
the Point Nepean Act, the lands delineated
and coloured yellow on the plan lodged in
the Central Plan Office and numbered
N.P. 110 cease to be roads or parts of roads
10
or road reserves and all rights, easements and
privileges existing or claimed either by the
public or by any other body and incidental to
any express or implied grant or past
dedication or supposed dedication or any
15
past user or fiction of law cease and
determine.".
5
551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
National Parks (Point Nepean) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551284B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
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