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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975 3
3. Definitions 3
4. Objects 3
5. Secretary to enter into management agreements 3
6. Insertion of new Division 1B of Part III 4
Division 1B--Marine National Parks and Marine Sanctuaries
4
17D. Marine national parks and marine sanctuaries 4
7. Insertion of new section 21A 5
21A. Permits to take fish or fishing bait for research in marine
national parks and marine sanctuaries 6
8. Insertion of new section 32O 6
32O. Access rights--French Island Marine National Park 6
9. Additional powers of authorised officers in marine national parks
and marine sanctuaries 7
10. Insertion of new section 38AA 7
38AA. Production of identification 8
11. Extractive industries and petroleum operations 8
12. Insertion of new sections 40A and 40B 9
40A. Leases etc. under the Petroleum (Submerged Lands)
Act 1982 deemed to be subject to conditions 9
40B. Consent to pipelines and seafloor cables in marine
national parks and marine sanctuaries 10
13. Insertion of heading in Part V 12
14. Carriage, possession and use of spear guns 12
15. Offence to fail to comply with direction of authorised officer 12
16. Insertion of new Division and Heading 13
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Clause Page
Division 2--Offences in Marine National Parks and Marine
Sanctuaries and Related Matters 13
45A. Fishing offences in marine national parks and marine
sanctuaries 13
45B. Proceedings and enforcement under this Division 15
45C. Liability for offences in relation to employees 15
45D. Time for bringing proceedings 16
Division 3--Provisions relating to proceedings and other
matters 16
17. Amendment of Part heading 16
18. Regulation making powers 16
19. Insertion of new sections 48A, 48B and 48C 17
48A. Native title not affected by amendments 17
48B. No compensation payable 17
48C. Supreme Court--limitation of jurisdiction 18
20. Insertion of new section 59 18
59. National Parks (Marine National Parks and Marine
Sanctuaries) Act 2001--Cessation of rights 18
21. Amendment of Schedule Two 20
22. Amendment of Schedule Three 22
23. Amendment of Schedule Four 22
24. Further amendments to the National Parks Act 1975 23
PART 3--AMENDMENTS TO OTHER ACTS 24
25. Amendment of the Extractive Industries Development Act
1995 24
26. Insertion of new sections 144A and 144B in the Fisheries Act
1995 24
144A. No compensation payable 24
144B. Supreme Court--limitation of jurisdiction 25
27. Amendment of the Mineral Resources Development Act
1990--Prevention of mining activities in parks 25
PART 4--REVOCATION OF RESERVES 26
28. Revocation of Fisheries Reserves 26
29. Revocation of Wildlife Reserve 26
__________________
SCHEDULES 27
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Clause Page
SCHEDULE 1--Insertion of new Schedules Seven and Eight in the
National Parks Act 1975 27
SCHEDULE 2--Revocation of Fisheries Reserves 32
SCHEDULE 3--Revocation of Wildlife Reserve 34
ENDNOTES 35
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PARLIAMENT OF VICTORIA
Initiated in Assembly 16 May 2001
A BILL
to amend the National Parks Act 1975 and other Acts to provide for
marine national parks and marine sanctuaries and for other purposes.
National Parks (Marine National Parks
and Marine Sanctuaries) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the National
Parks Act 1975 and other Acts to provide for
5 marine national parks and marine sanctuaries.
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2. Commencement
This Act comes into operation on 16 November
2001.
_______________
5
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5
Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975
3. Definitions
In section 3(1) of the National Parks Act 1975--
5 (a) insert the following definitions--
' "boat" means any means of transportation
on water;
"fish" has the same meaning as in the
Fisheries Act 1995;
10 "fishing bait" has the same meaning as in
the Fisheries Act 1995;
"marine national park" means any land
that, by reason of section 17D, is a
marine national park for the purposes of
15 this Act;
"marine sanctuary" means any land that,
by reason of section 17D, is a marine
sanctuary for the purposes of this Act;
"priority species" has the same meaning as
20 in the Fisheries Act 1995;
"take" means to gain possession or control
of by any means;';
(b) in the definition of "park", after "State park"
insert ", marine national park, marine
25 sanctuary";
(c) the definition of "relevant land" is repealed.
4. Objects
In section 4(a) of the National Parks Act 1975,
for "and State parks" substitute ", State parks,
30 marine national parks and marine sanctuaries".
5. Secretary to enter into management agreements
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In section 16A of the National Parks Act 1975,
for "relevant land" substitute--
"--
(a) a national park or State park under
5 section 17;
(b) a wilderness park under section 17A;
(c) a marine national park or marine sanctuary
under section 17D;
(d) a park under section 18;
10 (e) land to which an Order in force under section
19F(1) applies;
(f) land managed under section 19AA, 19A,
19C, 19E or 32AA".
6. Insertion of new Division 1B of Part III
15 In Part III of the National Parks Act 1975, after
Division 1A insert--
"Division 1B--Marine National Parks and
Marine Sanctuaries
17D. Marine national parks and marine
20 sanctuaries
(1) The land described in a Part of Schedule
Seven is, for the purposes of this Act, a
marine national park under the name
specified in that Part.
25 (2) The land described in a Part of Schedule
Eight is, for the purposes of this Act, a
marine sanctuary under the name specified in
that Part.
(3) The Secretary must--
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(a) ensure that each marine national park
and each marine sanctuary is managed
and controlled in a manner that will--
(i) preserve and protect the natural
5 environment and indigenous flora
and fauna of the park and any
features of the park which are of
geological, geomorphological,
ecological, scenic, archaeological,
10 historic or other scientific interest;
and
(ii) promote the prevention of the
introduction of exotic flora and
fauna into the park; and
15 (iii) provide for the eradication or
control of exotic flora and fauna
found in the park; and
(b) subject to paragraph (a)--
(i) provide for the use, enjoyment
20 and understanding of marine
national parks and marine
sanctuaries by the public; and
(ii) promote an understanding of the
purpose and significance of
25 marine national parks and marine
sanctuaries; and
(c) prepare a plan of management in
respect of each marine national park
and each marine sanctuary.".
30 7. Insertion of new section 21A
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After section 21 of the National Parks Act 1975
insert--
"21A. Permits to take fish or fishing bait for
research in marine national parks and
5 marine sanctuaries
(1) The Secretary may, in respect of a marine
national park or a marine sanctuary, grant a
permit to a person to take fish or fishing bait
for the purpose of any research, study or
10 investigation that the Secretary considers--
(a) is appropriate; and
(b) does not detrimentally affect the area as
a marine national park or marine
sanctuary.
15 (2) A permit under sub-section (1) is subject to
the terms and conditions determined by the
Secretary.
(3) The holder of a permit must comply with the
terms and conditions of the permit.
20 Penalty: 20 penalty units.
(4) A person who acts under and in accordance
with a permit under this section does not
commit an offence under the Fisheries Act
1995.".
25 8. Insertion of new section 32O
After section 32N of the National Parks Act
1975 insert--
'32O. Access rights--French Island Marine
National Park
30 (1) The Minister may grant to a person who
holds a fee-simple interest in land on French
Island any rights of access to that land over
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the park which are, in the Minister's opinion,
reasonable.
(2) A right of access under sub-section (1) is
subject to any terms and conditions
5 determined by the Minister.
(3) For the purpose of allowing a person to
exercise a right of access under sub-section
(1), the Minister may exempt that person
from any regulation affecting the park.
10 (4) In this section "park" means the land
described in Part 5 of Schedule Seven.'.
9. Additional powers of authorised officers in marine
national parks and marine sanctuaries
At the end of section 38 of the National Parks
15 Act 1975 insert--
"(2) An authorised officer may direct any person
who is in a marine national park or a marine
sanctuary--
(a) to cease engaging in an activity in the
20 park, if, in the opinion of the authorised
officer, the activity in which the person
is engaging, contravenes this Act,
regulations made under this Act or a
permit issued under this Act;
25 (b) to remove any matter or thing from the
park which is in the possession or under
the control of the person, if, in the
opinion of the authorised officer, the
presence of the matter or thing in the
30 park contravenes this Act, regulations
made under this Act or a permit issued
under this Act.".
10. Insertion of new section 38AA
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After section 38A of the National Parks Act
1975 insert--
'38AA. Production of identification
(1) An authorised officer must produce his or
5 her identification for inspection, if asked to
do so--
(a) before exercising any power under
section 38(2); and
(b) at any time during the exercise of a
10 power under section 38(2)--
unless the request is unreasonable in the
circumstances.
(2) In this section, "identification", in relation
to an authorised officer, means a document
15 that--
(a) sets out the name of the authorised
officer; and
(b) contains a photograph of the authorised
officer; and
20 (c) indicates the fact that the person is
authorised--
and that is in a form approved by the
Secretary.'.
11. Extractive industries and petroleum operations
25 (1) In section 40 of the National Parks Act 1975,
after sub-section (1AA) insert--
"(1AAA) The Minister must not consent to the grant of
a work authority under section 19 of the
Extractive Industries Development Act
30 1995 in respect of land in a marine national
park or a marine sanctuary.".
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(2) In section 40(2) of the National Parks Act 1975,
for paragraph (b) substitute--
"(b) in a marine national park or a marine
sanctuary except--
5 (i) for the purposes of petroleum
exploration from an aircraft or from a
vessel that is carried out in a manner
which does not detrimentally affect the
seabed or flora or fauna of the park; and
10 (ii) with the consent of the Minister and
subject to any terms and conditions that
the Minister thinks fit to impose; or
(c) in any land in any park (other than a
wilderness park, wilderness zone, marine
15 national park or marine sanctuary) except
with the consent of the Minister and subject
to any terms and conditions that the Minister
thinks fit to impose.".
(3) In section 40(5) of the National Parks Act 1975,
20 for "or (2)" substitute "or (2)(c)".
12. Insertion of new sections 40A and 40B
After section 40 of the National Parks Act 1975
insert--
"40A. Leases etc. under the Petroleum
25 (Submerged Lands) Act 1982 deemed to be
subject to conditions
(1) Except as provided for under section 40B(2),
a lease, licence or permit under the
Petroleum (Submerged Lands) Act 1982
30 that is either wholly or partly over land in a
marine national park or a marine sanctuary is
deemed to be subject to the conditions that--
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(a) exploration for petroleum must not be
carried out under the lease, licence or
permit unless--
(i) it is done from a vessel or aircraft
5 and is carried out in a manner
which does not detrimentally
affect the seabed of the park or
any flora or fauna of the park; and
(ii) before the exploration is carried
10 out, the Minister consents to the
carrying out of the exploration,
subject to any terms and
conditions that the Minister thinks
fit to impose; and
15 (iii) the exploration is carried out in
accordance with any terms and
conditions that the Minister has
imposed on his or her consent;
and
20 (b) any other operations which are
authorised by the lease, licence or
permit are not carried out in the park.
40B. Consent to pipelines and seafloor cables in
marine national parks and marine
25 sanctuaries
(1) A consent to a use or development of Crown
land involving a pipeline or a seafloor cable
must not be granted under the Coastal
Management Act 1995--
30 (a) in respect of any part of a marine
sanctuary; or
(b) in respect of any part of a marine
national park, except with the consent
of the Minister and subject to any terms
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and conditions that the Minister thinks
fit to impose.
(2) A pipeline licence must not be granted under
the Petroleum (Submerged Lands) Act
5 1982--
(a) in respect of any part of a marine
sanctuary; or
(b) in respect of any part of a marine
national park, except with the consent
10 of the Minister and subject to any terms
and conditions that the Minister thinks
fit to impose.
(3) A permit, easement, licence or other
authority must not be granted under the
15 Pipelines Act 1967--
(a) in respect of any part of a marine
sanctuary; or
(b) in respect of any part of a marine
national park, except with the consent
20 of the Minister and subject to any terms
and conditions that the Minister thinks
fit to impose.
(4) The Minister must not consent under this
section unless--
25 (a) the Minister has first obtained and
considered the advice of the Minister
administering the Environment
Effects Act 1978; and
(b) the Minister is satisfied that there is no
30 reasonable alternative outside the
park.".
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13. Insertion of heading in Part V
In Part V of the National Parks Act 1975, after
the heading to the Part insert--
"Division 1--General Offences".
5 14. Carriage, possession and use of spear guns
In section 44 of the National Parks Act 1975,
after sub-section (2) insert--
"(3) Sub-section (1) does not apply to a person
who carries a spear gun or has a spear gun in
10 his or her possession in a park described in
Part 4 or 10 of Schedule Seven or Part 8 of
Schedule Eight before 1 July 2003.
(4) Sub-section (2) does not apply to a person
who uses a spear gun in a park described in
15 Part 4 or 10 of Schedule Seven or Part 8 of
Schedule Eight before 1 July 2003.".
15. Offence to fail to comply with direction of authorised
officer
In section 45 of the National Parks Act 1975,
20 after sub-section (6) insert--
"(7) A person to whom a direction of an
authorised officer under section 38(2) has
been given must comply with that direction.
Penalty: 20 penalty units.
25 (8) A person is not guilty of an offence under
sub-section (7) if the authorised officer who
gave the direction failed to produce his or
her identification under section 38AA.".
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16. Insertion of new Division and Heading
After section 45 of the National Parks Act 1975
insert--
'Division 2--Offences in Marine National
5 Parks and Marine Sanctuaries and Related
Matters
45A. Fishing offences in marine national parks
and marine sanctuaries
(1) A person must not, in a marine national park
10 or a marine sanctuary, take or attempt to take
fish or fishing bait for sale.
Penalty: 200 penalty units or 12 months
imprisonment or both, in the case
of a natural person.
15 400 penalty units, in the case of a
body corporate.
(2) A person must not, in a marine national park
or a marine sanctuary, take or attempt to take
fish or fishing bait for purposes other than
20 for sale, unless that person does so under and
in accordance with a permit granted under
section 21A.
Penalty: 60 penalty units or 6 months
imprisonment or both.
25 (3) A person must not, in a marine national park
or a marine sanctuary--
(a) use, form or create a habitat (whether
natural or artificial or partly natural and
partly artificial) for hatching, rearing,
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breeding, displaying or growing fish or
fishing bait; or
(b) hatch, breed, display or grow fish or
fishing bait.
5 Penalty: 100 penalty units or 6 months
imprisonment or both, in the case
of a natural person.
200 penalty units, in the case of a
body corporate.
10 (4) A person must not, in a marine national park
or a marine sanctuary, have in the person's
possession or the person's charge a boat
carrying a priority species.
Penalty: 100 penalty units or 6 months
15 imprisonment or both, in the case
of a natural person.
200 penalty units, in the case of a
body corporate.
(5) It is a defence to proceedings for an offence
20 against sub-section (4) if the person charged
proves that the boat was travelling by the
shortest practicable route from a point
outside the park to another point outside the
park.
25 (6) A licence, permit or other authority
(however described) issued under the
Fisheries Act 1995 does not authorise the
holder to act in a manner which is prohibited
by this section.
30 (7) An Order in Council, order, notice, direction
or plan (however described) under the
Fisheries Act 1995 does not authorise any
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person to act in a manner which is prohibited
by this section.
(8) Sub-sections (1), (2) and (4) do not apply to
the parks described in Parts 3, 4 and 10 of
5 Schedule Seven and Part 8 of Schedule Eight
until 1 July 2003.
45B. Proceedings and enforcement under this
Division
Divisions 1 and 3 of Part 7 of the Fisheries
10 Act 1995 apply to an offence under this
Division as if the offence were an offence
under the Fisheries Act 1995.
45C. Liability for offences in relation to
employees
15 (1) If an employee of a licence holder engages in
conduct on behalf of the licence holder
within the scope of the employee's actual or
apparent authority, the licence holder is
deemed, for the purposes of a prosecution for
20 an offence against this Division, also to have
engaged in the conduct, unless the licence
holder establishes that the licence holder
took reasonable precautions and exercised
due diligence to avoid the conduct.
25 (2) If a person in charge of a boat is party to a
contract or arrangement with a licence holder
and the person in charge of the boat engages
in conduct on behalf of the licence holder
within the scope of the person's actual or
30 apparent authority under the contract or
arrangement, the licence holder is deemed,
for the purposes of a prosecution for an
offence against this Division, also to have
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engaged in the conduct, unless the licence
holder establishes that the licence holder
took reasonable precautions and exercised
due diligence to avoid the conduct.
5 (3) In this section, "licence holder" means a
person who is the holder of a fishery licence
within the meaning of paragraph (a), (c), (e)
or (f) of the definition of "fishery licence" in
the Fisheries Act 1995.
10 45D. Time for bringing proceedings
Despite anything to the contrary in any Act,
proceedings for an offence against section
45A(1) may be commenced within the
period of 3 years after the commission of the
15 alleged offence.
Division 3--Provisions relating to proceedings
and other matters'.
17. Amendment of Part heading
In the heading to Part VI of the National Parks
20 Act 1975, after "REGULATIONS" insert
"AND OTHER MATTERS".
18. Regulation making powers
In section 48(1) of the National Parks Act
1975--
25 (a) for paragraph (a) substitute--
"(a) preserving and protecting national
parks, wilderness parks, State parks,
marine national parks and marine
sanctuaries or any matter or thing in a
30 park or a feature of a park;";
(b) in paragraph (f), after "17A" insert ", 17D".
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19. Insertion of new sections 48A, 48B and 48C
After section 48 of the National Parks Act 1975
insert--
'48A. Native title not affected by amendments
5 (1) The amendments made to this Act by the
National Parks (Marine National Parks
and Marine Sanctuaries) Act 2001 are not
intended to affect native title rights and
interests.
10 (2) Sub-section (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
or under the Native Title Act 1993 of the
Commonwealth.
15 (3) In this section--
"affect" has the same meaning as in the
Native Title Act 1993 of the
Commonwealth;
"native title rights and interests" has the
20 same meaning as in the Native Title
Act 1993 of the Commonwealth.
48B. No compensation payable
(1) No compensation is payable by the Crown to
any person for any loss or damage as a result
25 of--
(a) any alteration to the force or effect of or
to any rights conferred or otherwise
arising under--
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(i) a licence, permit or other authority
(however described); or
(ii) an Order in Council, order, notice,
direction or plan (however
5 described)--
under the Fisheries Act 1995 or
regulations made under that Act; or
(b) the creation of a marine national park
or a marine sanctuary under this Act as
10 amended by the National Parks
(Marine National Parks and Marine
Sanctuaries) Act 2001; or
(c) the existence of such a marine national
park or marine sanctuary.
15 (2) Nothing in this section prevents any action
or proceedings to recover damages for any
loss or damage suffered as a result of or
arising out of any person negligently or
unlawfully exercising, purporting to exercise
20 or failing to exercise any power, duty or
authority conferred by or under this Act.
48C. Supreme Court--limitation of jurisdiction
It is the intention of section 48B(1) to alter
or vary section 85 of the Constitution Act
25 1975.'.
20. Insertion of new section 59
After section 58 of the National Parks Act 1975
insert--
"59. National Parks (Marine National Parks
30 and Marine Sanctuaries) Act 2001--
Cessation of rights
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(1) On 16 November 2001, the land described in
Column 2 of Table 1 ceases to form part of
the park described in Column 1 of Table 1
opposite the description in Column 2.
5 TABLE 1
Column 1 Column 2
Schedule Two, Any land that is part of the park
Part 4 described in Part 9 of Schedule
Seven
Schedule Two, Any land that is part of the park
Part 15 described in Part 5 of Schedule
Seven
Schedule Two, Any land that is part of the park
Part 21 described in Part 10 of Schedule
Seven
Schedule Two, Any land that is part of the parks
Part 23 described in Parts 3 and 11 of
Schedule Seven
Schedule Two, Any land that is part of the park
Part 28 described in Part 8 of Schedule
Seven
Schedule Two, Any land that is part of the park
Part 31 described in Part 10 of Schedule
Seven
Schedule Three, Any land that is part of the park
Part 3 described in Part 4 of Schedule
Seven
(2) On 16 November 2001, the land described in
Column 2 of Table 2 ceases to be part of the
reserve or park described in Column 1 of
Table 2 opposite the description in Column
10 2.
TABLE 2
Column 1 Column 2
Schedule Four, Any land that is part of the park
Part 1 described in Part 11 of Schedule
Seven
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Column 1 Column 2
Schedule Four, Any land that is part of the park
Part 2 described in Part 11 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 4 described in Part 3 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 7 described in Part 1 of Schedule
Seven.".
21. Amendment of Schedule Two
(1) In Part 4 of Schedule Two to the National Parks
Act 1975--
(a) for "N.P. 20A/9 and N.P. 20B/10" substitute
5 "N.P. 20A/10 and N.P. 20B/11";
(b) after "mean high watermark." insert "Also
excepted is any land between high water
mark and low water mark forming part of the
park described in Part 9 of Schedule Seven.".
10 (2) In Part 15 of Schedule Two to the National Parks
Act 1975--
(a) omit "or yellow";
(b) for "N.P. 83/1" substitute "N.P. 83/2";
(c) after "on the plan." insert "Also excepted is
15 any land between high water mark and
150 metres seawards of high water mark
forming part of the park described in Part 5
of Schedule Seven.".
(3) In Part 21 of Schedule Two to the National Parks
20 Act 1975--
(a) for "bordered red" substitute "bordered red
or coloured red";
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(b) omit "or coloured yellow";
(c) omit "prepared by the Surveyor-General;
(d) for "N.P. 16/1" substitute "N.P. 16/2";
(e) after "N.P. 16A" insert "and any land
5 between high water mark and low water
mark forming part of the park described in
Part 10 of Schedule Seven".
(4) In Part 23 of Schedule Two to the National Parks
Act 1975--
10 (a) in the heading, for "WILSON'S "
substitute "WILSONS ";
(b) for "coloured red" substitute "bordered or
coloured red";
(c) omit "prepared by the Surveyor-General";
15 (d) for "N.P. 17/1" substitute "N.P. 17/2,
excepting any land between high water mark
and low water mark forming part of the park
described in Part 3 of Schedule Seven and
part of the park described in Part 11 of
20 Schedule Seven".
(5) In Part 28 of Schedule Two to the National Parks
Act 1975--
(a) omit "prepared by the Surveyor-General";
(b) for "N.P. 30/3" substitute "N.P. 30/4";
25 (c) after "low water mark." insert "Also
excepted is any land between high water
mark and low water mark forming part of the
park described in Part 8 of Schedule Seven.".
(6) In Part 31 of Schedule Two to the National Parks
30 Act 1975--
(a) omit "prepared by the Surveyor-General";
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(b) for "N.P. 57A2 and N.P. 57B." substitute
"N.P. 57A/3 and N.P. 57B/1. Also excepted
is any land between high water mark and low
water mark forming part of the park
5 described in Part 10 of Schedule Seven.".
22. Amendment of Schedule Three
In Part 3 of Schedule Three to the National Parks
Act 1975--
(a) omit "or yellow";
10 (b) for "N.P. 44/3 and N.P. 44A." substitute
"N.P. 44/4 and N.P. 44A/1. Also excepted is
any land between high water mark and low
water mark forming part of the park
described in Part 4 of Schedule Seven".
15 23. Amendment of Schedule Four
(1) In Part 1 of Schedule Four to the National Parks
Act 1975--
(a) for "NPMR1" substitute "N.P.M.R. 1/1";
(b) for "a national park or" substitute "a
20 national park and any land seawards of low
water mark forming part of the park
described in Part 11 of Schedule Seven, and
any land".
(2) In Part 2 of Schedule Four to the National Parks
25 Act 1975--
(a) for "NPMR1" substitute "N.P.M.R. 1/1";
(b) for "a national park or" substitute "a
national park and any land seawards of low
water mark forming part of the park
30 described in Part 11 of Schedule Seven, and
any land".
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(3) In Part 3 of Schedule Four to the National Parks
Act 1975, for "NPMR1" substitute "N.P.M.R.
1/1".
(4) In Part 4 of Schedule Four to the National Parks
5 Act 1975--
(a) for "NPMR1" substitute "N.P.M.R. 1/1";
(b) for " a national park or" substitute "a
national park and any land seawards of low
water mark forming part of park described in
10 Part 3 of Schedule Seven, and any land".
(5) In Part 5 of Schedule Four to the National Parks
Act 1975, for "NPMR1" substitute "N.P.M.R.
1/1".
(6) In Part 7 of Schedule Four to the National Parks
15 Act 1975--
(a) for "LEGL./9148" substitute "N.P.M.R. 2";
(b) after "the said plan" insert "excepting any
land between high water mark and
1000 metres seawards of high water mark
20 forming part of the park described in Part 1
of Schedule Seven".
24. Further amendments to the National Parks Act 1975
The National Parks Act 1975 is amended as set
out in Schedule 1.
25 _______________
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s. 25
Act No.
PART 3--AMENDMENTS TO OTHER ACTS
25. Amendment of the Extractive Industries Development
Act 1995
In section 10(b) of the Extractive Industries
5 Development Act 1995, for "or State park"
substitute ", State park, marine national park or
marine sanctuary".
26. Insertion of new sections 144A and 144B in the
Fisheries Act 1995
10 After section 144 of the Fisheries Act 1995
insert--
"144A. No compensation payable
(1) No compensation is payable by the Crown to
any person for any loss or damage as a result
15 of--
(a) any alteration to the force or effect of or
to any rights conferred or otherwise
arising under--
(i) a licence, permit or other authority
20 (however described); or
(ii) an Order in Council, order, notice,
direction or plan (however
described)--
under this Act or regulations made
25 under this Act; or
(b) the creation of a marine national park
or a marine sanctuary under the
National Parks Act 1975 as amended
by the National Parks (Marine
30 National Parks and Marine
Sanctuaries) Act 2001; or
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Act No.
(c) the existence of such a marine national
park or marine sanctuary.
(2) Nothing in this section prevents any action
or proceedings to recover damages for any
5 loss or damage suffered as a result of or
arising out of any person negligently or
unlawfully exercising, purporting to exercise
or failing to exercise any power, duty or
authority conferred by or under the National
10 Parks Act 1975.
144B. Supreme Court--limitation of jurisdiction
It is the intention of section 144A(1) to alter
or vary section 85 of the Constitution Act
1975.".
15 27. Amendment of the Mineral Resources Development
Act 1990--Prevention of mining activities in parks
In section 6 of the Mineral Resources
Development Act 1990, after paragraph (b)
insert--
20 "(ba) land that is in a marine national park or a
marine sanctuary under the National Parks
Act 1975;".
_______________
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s. 28
Act No.
PART 4--REVOCATION OF RESERVES
28. Revocation of Fisheries Reserves
The Orders in Council specified in Schedule 2 are
revoked.
5 29. Revocation of Wildlife Reserve
The Orders in Council specified in Schedule 3 are
revoked.
__________________
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Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
INSERTION OF NEW SCHEDULES SEVEN AND EIGHT IN
THE NATIONAL PARKS ACT 1975
5 After Schedule Six insert--
"SCHEDULE SEVEN
MARINE NATIONAL PARKS
PART 1--BUNURONG MARINE NATIONAL PARK
The land comprising 2100 hectares, more or less, delineated and shown
10 shaded on the plan numbered M.N.P. 1 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
(whether or not that is covered by water).
PART 2--CHURCHILL ISLAND MARINE NATIONAL PARK
The land comprising 670 hectares, more or less, delineated and shown
15 shaded on the plan numbered M.N.P. 2 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
(whether or not that is covered by water).
PART 3--CORNER INLET MARINE NATIONAL PARK
The land comprising 2400 hectares, more or less, delineated and shown
20 shaded on the plan numbered M.N.P. 3 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
(whether or not that is covered by water).
PART 4--DISCOVERY BAY MARINE NATIONAL PARK
The land comprising 3050 hectares, more or less, delineated and shown
25 shaded on the plan numbered M.N.P. 4 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
(whether or not that is covered by water).
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Act No.
PART 5--FRENCH ISLAND MARINE NATIONAL PARK
The land comprising 2800 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 5 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
5 (whether or not that is covered by water).
PART 6--NINETY MILE BEACH MARINE NATIONAL PARK
The land comprising 2750 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 6 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
10 (whether or not that is covered by water).
PART 7--POINT ADDIS MARINE NATIONAL PARK
The land comprising 4600 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 7 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
15 (whether or not that is covered by water).
PART 8--POINT HICKS MARINE NATIONAL PARK
The land comprising 4000 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 8 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
20 (whether or not that is covered by water).
PART 9--PORT PHILLIP HEADS MARINE NATIONAL PARK
The land comprising 3500 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 9 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
25 (whether or not that is covered by water).
PART 10--TWELVE APOSTLES MARINE NATIONAL PARK
The land comprising 9250 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 10 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
30 (whether or not that is covered by water).
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PART 11--WILSONS PROMONTORY MARINE NATIONAL PARK
The land comprising 15 550 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 11 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
5 (whether or not that is covered by water).
PART 12--YARINGA MARINE NATIONAL PARK
The land comprising 980 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 12 lodged in the Central Plan Office
and which is at or above a depth of 200 metres below the land surface
10 (whether or not that is covered by water).
__________________
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Sch. 1
Act No.
SCHEDULE EIGHT
MARINE SANCTUARIES
PART 1--BARWON BLUFF MARINE SANCTUARY
The land comprising 17 hectares, more or less, delineated and shown
5 shaded on the plan numbered M.S. 1 lodged in the Central Plan Office.
PART 2--BEWARE REEF MARINE SANCTUARY
The area containing 220 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 2 lodged in the Central Plan Office.
PART 3--EAGLE ROCK MARINE SANCTUARY
10 The land comprising 17 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 3 lodged in the Central Plan Office.
PART 4--JAWBONE MARINE SANCTUARY
The land comprising 30 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 4 lodged in the Central Plan Office.
15 PART 5--MARENGO REEFS MARINE SANCTUARY
The land comprising 12 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 5 lodged in the Central Plan Office.
PART 6--MERRI MARINE SANCTUARY
The land comprising 25 hectares, more or less, delineated and shown
20 shaded on the plan numbered M.S. 6 lodged in the Central Plan Office.
PART 7--MUSHROOM REEF MARINE SANCTUARY
The land comprising 80 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 7 lodged in the Central Plan Office.
PART 8--POINT COOKE MARINE SANCTUARY
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Sch. 1
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The land comprising 290 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 8 lodged in the Central Plan Office.
PART 9--POINT DANGER MARINE SANCTUARY
The land comprising 25 hectares, more or less, delineated and shown
5 shaded on the plan numbered M.S. 9 lodged in the Central Plan Office.
PART 10--THE ARCHES MARINE SANCTUARY
The land comprising 45 hectares, more or less, delineated and shown
shaded on the plan numbered M.S. 10 lodged in the Central Plan Office.
__________________".
10 __________________________
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Sch. 2
Act No.
SCHEDULE 2
REVOCATION OF FISHERIES RESERVES
Item 1--Harold Holt Annulus Fisheries Reserve
Situation of land: Popes Eye, Port Phillip Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 971 and 972
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 2--Harold Holt Mud Islands Fisheries Reserve
Situation of land: Mud Islands, Port Phillip Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 967969
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
5 Item 3--Harold Holt Point Lonsdale Fisheries Reserve
Situation of land: Point Lonsdale
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 974976
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
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Act No.
Item 4--Harold Holt Point Nepean Fisheries Reserve
Situation of land: Point Nepean
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 972974
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 5--Harold Holt Swan Bay Fisheries Reserve
Situation of land: Swan Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 969971
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 6--Point Cook Fisheries Reserve
Situation of land: Point Cooke
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 966 and 967
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
__________________
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Sch. 3
Act No.
SCHEDULE 3
REVOCATION OF WILDLIFE RESERVE
Reservation of land under Crown Land (Reserves) Act 1978
Situation of land: Mud Islands
Instrument of reservation under Order in Council dated 12 June 1985
the Crown Land (Reserves)
Act 1978:
Date of reservation: 19 June 1985
Description of land by Government Gazette dated 19 June 1985,
reference to Government page 2354
Gazette:
Purpose of reserve: Management of wildlife
Extent of revocation: The entire reserve
Classification of land as a nature conservation reserve
Situation of land: Mud Islands
Instrument of classification of Order in Council dated 10 March 1999
wildlife reserve under the
Wildlife Act 1975:
Date of classification: 11 March 1999
Description of land by Government Gazette dated 11 March
reference to Government 1999, page 611 and 624
Gazette:
Classification under the Nature conservation reserve
Wildlife Act 1975:
Extent of revocation: The entire reserve
5
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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