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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 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. Objects 3
5. Secretary to enter into management agreements 4
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 6
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 7
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. Pipelines and seafloor cables in marine national parks
and marine sanctuaries 10
13. Insertion of heading in Part V 11
14. Carriage, possession and use of spear guns 11
15. Offence to fail to comply with direction of authorised officer 12
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541279B.A1-7/6/2002 BILL LA AS SENT 22-10-2004
Clause Page
16. Insertion of new Division and Heading 13
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. Approval to remain in Point Hicks Marine National
Park 16
45C. Proceedings and enforcement under this Division 16
45D. Liability for offences in relation to employees 16
45E. Time for bringing proceedings 17
Division 3--Provisions relating to proceedings and other
matters 17
17. Amendment of Part heading 17
18. Regulation making powers 18
19. Insertion of new section 48A 18
48A. Native title not affected by amendments 18
20. Insertion of new section 59 19
59. National Parks (Marine National Parks and
Marine Sanctuaries) Act 2002--Excision of land
to become part of marine national parks and marine
sanctuaries 19
21. Amendment of Schedule Two 21
22. Amendment of Schedule Three 23
23. Amendment of Schedule Four 23
24. Further amendments to the National Parks Act 1975 24
PART 3--AMENDMENTS TO THE FISHERIES ACT 1995 25
25. Amendment of immunity provision 25
26. Amendment of secrecy provision 25
27. Insertion of new Part 10 in the Fisheries Act 1995 25
PART 10--TRANSITIONAL PROVISIONS--NATIONAL
PARKS (MARINE NATIONAL PARKS AND MARINE
SANCTUARIES) ACT 2002 25
Division 1--General 25
164. Definitions 25
165. Compensation only payable to licence holders and
permit holders as provided in this Part 33
166. Certificate for purposes of evidence 34
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Clause Page
Division 2--Entitlements for eligible rock lobster access
licence holders 35
167. Reduced catch entitlements--eligible rock lobster
access licence holders 35
168. Increased costs entitlements--eligible rock lobster
access licence holders 36
Division 3--Entitlements for eligible specified access
licence holders 37
169. Reduced catch entitlements--eligible specified access
licence holders 37
170. Increased costs entitlements--eligible specified access
licence holders 40
Division 4--Entitlements for eligible charter boat
operators 41
171. Increased costs entitlements--eligible charter boat
operators 41
Division 5--Determinations of the Panel--eligible rock
lobster access licence holders and eligible specified access
licence holders 42
172. Application to Panel for determination of interim
payment--eligible rock lobster access licence holders
and eligible specified access licence holders 42
173. Determinations of the Panel as to interim payments--
eligible rock lobster access licence holders and eligible
specified access licence holders 43
174. Application to Panel for determination of final
payment--eligible rock lobster access licence holders
and eligible specified access licence holders 44
175. Determinations of the Panel as to final payments--
eligible rock lobster access licence holders and eligible
specified access licence holders 45
176. Procedures for making determinations of final
payments--eligible rock lobster access licence holders
and eligible specified access licence holders 48
Division 6--Determinations of the Panel--eligible charter
boat operators 49
177. Application to Panel for determination of interim
payment--eligible charter boat operators 49
178. Determinations of the Panel as to interim payments--
eligible charter boat operators 50
179. Application to Panel for determination of final
payment--eligible charter boat operators 51
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Clause Page
180. Determinations of the Panel as to final payments--
eligible charter boat operators 52
181. Procedures for making determinations of final
payments--eligible charter boat operators 54
Division 7--Review of determinations by the Tribunal 55
182. Applications for the Tribunal to review determinations 55
183. Determinations of applications by the Tribunal 56
Division 8--Constitution and proceedings of the Panel 56
184. Compensation Assessment Panel 56
185. Deputies for members of the Panel 58
186. Registrar of the Panel 59
187. Meetings of the Panel 59
188. Proceedings of the Panel 59
189. Conducting proceedings of the Panel 60
Division 9--Constitution and proceedings of the Tribunal 61
190. Compensation Appeals Tribunal 61
191. Deputies for members of the Tribunal 63
192. Registrar of the Tribunal 64
193. Meetings of the Tribunal 64
194. Proceedings of the Tribunal 64
195. Conducting proceedings of the Tribunal 65
Division 10--Annual reports on fisheries 66
196. Annual reports on fisheries to be prepared 66
197. Tabling of annual reports on fisheries 67
198. Minister to have regard to reports 67
PART 4--AMENDMENTS TO OTHER ACTS 68
28. Amendment of the Extractive Industries Development
Act 1995--Prevention of extractive industries in parks 68
29. Amendment of the Mineral Resources Development Act
1990--Prevention of mining activities in parks 68
PART 5--REVOCATION OF RESERVES 69
30. Revocation of Fisheries Reserves 69
31. Revocation of Wildlife Reserve 69
__________________
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Clause Page
SCHEDULES 70
SCHEDULE 1--Insertion of new Schedules Seven and Eight in the
National Parks Act 1975 70
SCHEDULE 2--Revocation of Fisheries Reserves 75
SCHEDULE 3--Revocation of Wildlife Reserve 77
ENDNOTES 78
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541279B.A1-7/6/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 May 2002
As amended by Assembly 6 June 2002
A BILL
to amend the National Parks Act 1975, the Fisheries Act 1995 and
other Acts to provide for marine national parks and marine
sanctuaries, to make further amendments to the National Parks Act
1975 and for other purposes.
National Parks (Marine National Parks
and Marine Sanctuaries) Act 2002
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 to
5 provide for marine national parks and marine
sanctuaries; and
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National Parks (Marine National Parks and Marine
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Act No.
PART 1--PRELIMINARY
s. 2
(b) to make other amendments to the National
Parks Act 1975; and
(c) to amend the Fisheries Act 1995 to provide
for a compensation scheme for the
5 introduction of marine national parks and
marine sanctuaries and to make other related
amendments to that Act; and
(d) to make consequential amendments to other
Acts.
10 2. Commencement
This Act comes into operation on 16 November
2002.
_______________
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National Parks (Marine National Parks and Marine
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Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 3
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975
3. Definitions
See: In section 3(1) of the National Parks Act 1975--
Act No.
8702.
5 (a) insert the following definitions--
Reprint No. 8
as at
' "boat" means any means of transportation
25 January
on water;
2001
and
amending "fish" has the same meaning as in the
Act Nos
Fisheries Act 1995;
38/1989,
66/2000,
10 "fishing bait" has the same meaning as in
82/2000,
44/2001 and
the Fisheries Act 1995;
11/2002.
LawToday:
"marine national park" means any land
www.dms.
that, by reason of section 17D, is a
dpc.vic.
gov.au
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".
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Act No.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 5
5. Secretary to enter into management agreements
In section 16A of the National Parks Act 1975,
for "relevant land" substitute--
"--
5 (a) a national park or State park under
section 17;
(b) a wilderness park under section 17A;
(c) a marine national park or marine sanctuary
under section 17D;
10 (d) a park under section 18;
(e) land to which an Order in force under section
19F(1) applies;
(f) land managed under section 19AA, 19A,
19C, 19E or 32AA".
15 6. Insertion of new Division 1B of Part III
In Part III of the National Parks Act 1975, after
Division 1A insert--
"Division 1B--Marine National Parks and
Marine Sanctuaries
20 17D. Marine national parks and marine
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
25 specified in that Part.
(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.
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
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(3) The Secretary must--
(a) ensure that each marine national park
and each marine sanctuary is controlled
and managed, in accordance with the
5 objects of this Act, in a manner that
will--
(i) preserve and protect the natural
environment and indigenous flora
and fauna of the park and any
10 features of the park which are of
geological, geomorphological,
ecological, scenic, archaeological,
historic or other scientific interest;
and
15 (ii) promote the prevention of the
introduction of exotic flora and
fauna into the park; and
(iii) provide for the eradication or
control of exotic flora and fauna
20 found in the park; and
(b) subject to paragraph (a)--
(i) provide for the use, enjoyment and
understanding of marine national
parks and marine sanctuaries by
25 the public; and
(ii) promote an understanding of the
purpose and significance of
marine national parks and marine
sanctuaries; and
30 (c) prepare a plan of management in
respect of each marine national park
and each marine sanctuary.".
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 7
7. Insertion of new section 21A
After section 21 of the National Parks Act 1975
insert--
"21A. Permits to take fish or fishing bait for
5 research in marine national parks and
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
10 for the purpose of any research, study or
investigation that the Secretary considers--
(a) is appropriate; and
(b) does not detrimentally affect the area as
a marine national park or marine
15 sanctuary.
(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
20 terms and conditions of the permit.
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
25 1995.".
8. Insertion of new section 32O
After section 32N of the National Parks Act
1975 insert--
'32O. Access rights--French Island Marine
30 National Park
(1) The Minister may grant to a person who
holds a fee-simple interest in land on French
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 9
Island any rights of access to that land over
the park that are, in the Minister's opinion,
reasonable.
(2) A right of access under sub-section (1) is
5 subject to any terms and conditions
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
10 from any regulation made under this Act
affecting the park.
(4) In this section "park" means the land
described in Part 6 of Schedule Seven.'.
9. Additional powers of authorised officers in marine
15 national parks and marine sanctuaries
At the end of section 38 of the National Parks
Act 1975 insert--
"(2) An authorised officer may direct any person
who is in a marine national park or a marine
20 sanctuary to cease engaging in an activity in
the 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
25 this Act.".
10. Insertion of new section 38AA
After section 38 of the National Parks Act 1975
insert--
'38AA. Production of identification
30 (1) An authorised officer must produce his or
her identification for inspection, if asked to
do so--
(a) before exercising the authorised
officer's power under section 38(2); and
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(b) at any time during the exercise of any
such power under section 38(2)--
unless the request is unreasonable in the
circumstances.
5 (2) In this section, "identification", in relation
to an authorised officer, means a document
that--
(a) sets out the name of the authorised
officer; and
10 (b) contains a photograph of the authorised
officer; and
(c) indicates the fact that the person named
in the document is authorised--
and that is in a form approved by the
15 Secretary.'.
11. Extractive industries and petroleum operations
(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
20 a work authority under section 19 of the
Extractive Industries Development Act
1995 in respect of land in a marine national
park or a marine sanctuary.".
(2) In section 40(2) of the National Parks Act 1975,
25 for paragraph (b) substitute--
"(b) in a marine national park or a marine
sanctuary except--
(i) for the purposes of petroleum
exploration from an aircraft or from a
30 vessel that 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
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s. 12
(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
5 wilderness park, wilderness zone, marine
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.".
10 (3) In section 40(5) of the National Parks Act 1975,
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--
15 "40A. Leases etc. under the Petroleum
(Submerged Lands) Act 1982 deemed to be
subject to conditions
Except as provided for under section 40B(2),
a lease, licence or permit under the
20 Petroleum (Submerged Lands) Act 1982
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--
(a) exploration for petroleum must not be
25 carried out under the lease, licence or
permit in the park or sanctuary unless--
(i) it is done from a vessel or aircraft
and is carried out in a manner that
does not detrimentally affect the
30 seabed of the park or any flora or
fauna of the park; and
(ii) before the exploration is carried
out, the Minister consents to the
carrying out of the exploration,
35 subject to any terms and
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 12
conditions that the Minister thinks
fit to impose; and
(iii) the exploration is carried out in
accordance with any terms and
5 conditions that the Minister has
imposed on his or her consent;
and
(b) any other operations that are authorised
by the lease, licence or permit are not
10 carried out in the park or sanctuary.
40B. Pipelines and seafloor cables in marine
national parks and marine sanctuaries
(1) A consent to a use or development of Crown
land involving a pipeline or a seafloor cable
15 must not be granted under the Coastal
Management Act 1995--
(a) in respect of any part of a marine
sanctuary; or
(b) in respect of any part of a marine
20 national park, except with the consent
of the Minister and subject to any terms
and conditions that the Minister thinks
fit to impose.
(2) A pipeline licence must not be granted under
25 the Petroleum (Submerged Lands) Act
1982--
(a) in respect of any part of a marine
sanctuary; or
(b) in respect of any part of a marine
30 national park, except with the consent
of the Minister and subject to any terms
and conditions that the Minister thinks
fit to impose.
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s. 13
(3) A permit, easement, licence or other
authority must not be granted under the
Pipelines Act 1967--
(a) in respect of any part of a marine
5 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
and conditions that the Minister thinks
10 fit to impose.
(4) The Minister must not consent under this
section unless--
(a) the Minister has first obtained and
considered the advice of the Minister
15 administering the Environment
Effects Act 1978; and
(b) the Minister is satisfied that there is no
reasonable alternative outside the
park.".
20 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".
14. Carriage, possession and use of spear guns
25 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, before 1 April 2004, carries a spear gun
or has a spear gun in his or her possession
30 in--
(a) a park described in Part 2, 5 or 11 of
Schedule Seven; or
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 15
(b) that part of the park described in Part 8
of Schedule Eight that is not comprised
of the land described in item 6 of
Schedule 2 to the National Parks
5 (Marine National Parks and Marine
Sanctuaries) Act 2002.
(4) Sub-section (2) does not apply to a person
who, before 1 April 2004, uses a spear gun
in--
10 (a) a park described in Part 2, 5 or 11 of
Schedule Seven; or
(b) that part of the park described in Part 8
of Schedule Eight that is not comprised
of the land described in item 6 of
15 Schedule 2 to the National Parks
(Marine National Parks and Marine
Sanctuaries) Act 2002.".
15. Offence to fail to comply with direction of authorised
officer
20 In section 45 of the National Parks Act 1975,
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.
25 Penalty: 20 penalty units.
(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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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 16
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,
30 breeding, displaying or growing fish or
fishing bait; or
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
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(b) hatch, breed, display or grow fish or
fishing bait.
Penalty: 100 penalty units or 6 months
imprisonment or both, in the case
5 of a natural person.
200 penalty units, in the case of a
body corporate.
(4) A person must not, in a prescribed area of
the park described in Part 2 of Schedule
10 Seven, be in charge of a boat--
(a) that is of a prescribed class of boats; or
(b) that is carrying equipment that is of a
prescribed class of equipment.
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) A person must not, in a marine national park
20 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
imprisonment or both, in the case
25 of a natural person.
200 penalty units, in the case of a
body corporate.
(6) It is a defence in any proceedings for an
offence against sub-section (5) if the person
30 charged with the offence proves that the boat
was travelling by the shortest practicable
route from a point outside the park to another
point outside the park.
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(7) A licence, permit or other authority (however
described) issued under the Fisheries Act
1995 does not authorise the holder to act in a
manner that is prohibited by this section.
5 (8) An Order in Council, order, notice, direction
or plan (however described) under the
Fisheries Act 1995 does not authorise any
person to act in a manner that is prohibited
by this section.
10 (9) Sub-sections (1), (2) and (5) do not apply to
the parks described in Parts 2, 4, 5 and 11 of
Schedule Seven and the unregulated land in
the park described in Part 8 of Schedule
Eight until 1 April 2004.
15 (10) Sub-section (4) does not apply to the park
described in Part 2 of Schedule Seven until
1 April 2004.
(11) Section 43 does not apply to prohibit the
carrying on of a trade or business in a park
20 described in Part 2, 4, 5 or 11 of Schedule
Seven or in the unregulated land in the park
described in Part 8 of Schedule Eight, that is
a trade or business authorised by a licence or
permit issued under the Fisheries Act 1995,
25 until 1 April 2004.
(12) In this section, "unregulated land", in
relation to the park described in Part 8 of
Schedule Eight, means that part of the land
in the park that is not comprised of the land
30 that is 200 metres seawards from high water
mark in the area described in item 6 of
Schedule 2 to the National Parks (Marine
National Parks and Marine Sanctuaries)
Act 2002.
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45B. Approval to remain in Point Hicks Marine
National Park
(1) Section 45A(5) does not apply to a person--
(a) who is in the park described in Part 9 of
5 Schedule Seven; and
(b) who has in his or her possession or
charge a boat carrying priority
species--
if that person has the approval of the
10 Minister to do so.
(2) On application, the Minister may give
approval under sub-section (1) to the
applicant.
(3) An approval under sub-section (1) is subject
15 to the prescribed conditions.
(4) The holder of an approval under sub-section
(1) must comply with the conditions of the
approval.
Penalty: 60 penalty units.
20 45C. Proceedings and enforcement under this
Division
Divisions 1 and 3 of Part 7 of the Fisheries
Act 1995 apply to an offence under this
Division as if the offence were an offence
25 under the Fisheries Act 1995.
45D. Liability for offences in relation to
employees
(1) If an employee of a licence holder engages in
conduct on behalf of the licence holder
30 within the scope of the employee's actual or
apparent authority, the licence holder is
deemed, for the purposes of a prosecution for
an offence against this Division, also to have
engaged in the conduct, unless the licence
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holder establishes that the licence holder
took reasonable precautions and exercised
due diligence to avoid the conduct.
(2) If a person in charge of a boat is party to a
5 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
apparent authority under the contract or
10 arrangement, the licence holder is deemed,
for the purposes of a prosecution for an
offence against this Division, also to have
engaged in the conduct, unless the licence
holder establishes that the licence holder
15 took reasonable precautions and exercised
due diligence to avoid the conduct.
(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)
20 or (f) of the definition of "fishery licence" in
section 4(1) of the Fisheries Act 1995.
45E. Time for bringing proceedings
Despite anything to the contrary in any Act,
proceedings for an offence against section
25 45A(1) may be commenced within the
period of 3 years after the date on which the
offence is alleged to have been committed.
Division 3--Provisions relating to proceedings
and other matters'.
30 17. Amendment of Part heading
In the heading to Part VI of the National Parks
Act 1975, after "REGULATIONS" insert
"AND OTHER MATTERS".
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PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT 1975
s. 18
18. Regulation making powers
In section 48(1) of the National Parks Act
1975--
(a) for paragraph (a) substitute--
5 "(a) preserving and protecting national
parks, wilderness parks, State parks,
marine national parks and marine
sanctuaries or any matter or thing in
any such park or a feature of any such
10 park;";
(b) in paragraph (f), after "17A" insert ", 17D";
(c) after paragraph (o) insert--
"(p) for the purposes of section 45A(4),
prescribing--
15 (i) areas of the park described in
Part 2 of Schedule Seven; and
(ii) classes of boats; and
(iii) classes of equipment;
(q) prescribing conditions for approvals
20 under section 45B;".
19. Insertion of new section 48A
After section 48 of the National Parks Act 1975
insert--
'48A. Native title not affected by amendments
25 (1) The amendments made to this Act by the
National Parks (Marine National Parks
and Marine Sanctuaries) Act 2002 are not
intended to affect native title rights and
interests.
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s. 20
(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
5 Commonwealth.
(3) In this section--
"affect" has the same meaning as in the
Native Title Act 1993 of the
Commonwealth;
10 "native title rights and interests" has the
same meaning as in the Native Title
Act 1993 of the Commonwealth.'.
20. Insertion of new section 59
After section 58 of the National Parks Act 1975
15 insert--
"59. National Parks (Marine National Parks
and Marine Sanctuaries) Act 2002--
Excision of land to become part of marine
national parks and marine sanctuaries
20 (1) On 16 November 2002, the land described in
Column 2 of Table 1 ceases to be part of the
park described in Column 1 of Table 1
opposite the description in Column 2.
TABLE 1
Column 1 Column 2
Schedule Two, Any land that is part of the
Part 4 parks described in Part 10 of
Schedule Seven and in Part 7 of
Schedule Eight
Schedule Two, Any land that is part of the park
Part 15 described in Part 6 of Schedule
Seven
Schedule Two, Any land that is part of the park
Part 21 described in Part 11 of Schedule
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Column 1 Column 2
Seven
Schedule Two, Any land that is part of the
Part 23 parks described in Parts 4 and
12 of Schedule Seven
Schedule Two, Any land that is part of the
Part 28 parks described in Parts 2 and 9
of Schedule Seven
Schedule Two, Any land that is part of the park
Part 31 described in Part 11 of Schedule
Seven
Schedule Three, Any land that is part of the park
Part 3 described in Part 5 of Schedule
Seven
(2) On 16 November 2002, 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
5 Column 2.
TABLE 2
Column 1 Column 2
Schedule Four, Any land that is part of the park
Part 1 described in Part 12 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 2 described in Part 12 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 4 described in Part 4 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 7 described in Part 1 of Schedule
Seven.
".
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s. 21
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/11 and N.P. 20B/12";
(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 10 of Schedule Seven
10 and part of the park described in Part 7 of
Schedule Eight.".
(2) In Part 15 of Schedule Two to the National Parks
Act 1975--
(a) omit "or yellow";
15 (b) for "N.P. 83/1" substitute "N.P. 83/3";
(c) after "on the plan." insert "Also excepted is
any land between high water mark and
150 metres seawards of high water mark
forming part of the park described in Part 6
20 of Schedule Seven.".
(3) In Part 21 of Schedule Two to the National Parks
Act 1975--
(a) for "bordered red" substitute "bordered red
or coloured red";
25 (b) omit "or coloured yellow";
(c) omit "prepared by the Surveyor-General";
(d) for "N.P. 16/1" substitute "N.P. 16/3";
(e) after "N.P. 16A" insert "and any land
between high water mark and low water
30 mark forming part of the park described in
Part 11 of Schedule Seven".
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(4) In Part 23 of Schedule Two to the National Parks
Act 1975--
(a) in the heading, for "WILSON'S" substitute
"WILSONS";
5 (b) for "Wilson's Promontory" substitute
"Wilsons Promontory";
(c) for "coloured red" substitute "coloured
pink";
(d) omit "prepared by the Surveyor-General";
10 (e) for "N.P. 17/1" substitute "N.P. 17/3,
excepting any land between high water mark
and low water mark forming part of the park
described in Part 4 of Schedule Seven and
part of the park described in Part 12 of
15 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. 30/5";
20 (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 2 of Schedule Seven
and part of the park described in Part 9 of
25 Schedule Seven.".
(6) In Part 31 of Schedule Two to the National Parks
Act 1975--
(a) omit "prepared by the Surveyor-General";
(b) for "N.P. 57A2 and N.P. 57B." substitute
30 "N.P. 57A/4 and N.P. 57B/2. Also excepted
is any land between high water mark and low
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s. 22
water mark forming part of the park
described in Part 11 of Schedule Seven.".
22. Amendment of Schedule Three
In Part 3 of Schedule Three to the National Parks
5 Act 1975--
(a) omit "or yellow";
(b) for "N.P. 44/3 and N.P. 44A." substitute
"N.P. 44/5 and N.P. 44A/2. Also excepted is
any land between high water mark and low
10 water mark forming part of the park
described in Part 5 of Schedule Seven.".
23. Amendment of Schedule Four
(1) In Part 1 of Schedule Four to the National Parks
Act 1975--
15 (a) for "NPMR1" substitute "N.P.M.R. 1/2";
(b) after "26 March 1986)" insert "also
excepting any land seawards of low water
mark forming part of the park described in
Part 12 of Schedule Seven".
20 (2) In Part 2 of Schedule Four to the National Parks
Act 1975--
(a) for "NPMR1" substitute "N.P.M.R. 1/2";
(b) after "is in force" insert "also excepting any
land seawards of low water mark forming
25 part of the park described in Part 12 of
Schedule Seven".
(3) In Part 3 of Schedule Four to the National Parks
Act 1975, for "NPMR1" substitute "N.P.M.R.
1/2".
30 (4) In Part 4 of Schedule Four to the National Parks
Act 1975--
(a) for "NPMR1" substitute "N.P.M.R. 1/2";
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s. 24
(b) after "26 March 1986)" insert "also
excepting any land seawards of low water
mark forming part of the park described in
Part 4 of Schedule Seven".
5 (5) In Part 5 of Schedule Four to the National Parks
Act 1975, for "NPMR1" substitute "N.P.M.R.
1/2".
(6) In Part 7 of Schedule Four to the National Parks
Act 1975--
10 (a) for "LEGL./9148" substitute "N.P.M.R.
2/1";
(b) after "the said plan" insert "excepting any
land between high water mark and
1000 metres seawards of high water mark
15 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.
_______________
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Act No.
PART 3--AMENDMENTS TO the fisheries act 1995
s. 25
PART 3--AMENDMENTS TO THE FISHERIES ACT 1995
25. Amendment of immunity provision
See: In section 142(1) of the Fisheries Act 1995--
Act No.
92/1995.
(a) for "Panel or a member" substitute "Panel, a
Reprint No. 2
5 member";
as at
17 May 2001
(b) after "Appeals Tribunal" insert ", a member
and
amending
or deputy of the Compensation Assessment
Act Nos
Panel (established under Part 10) or a
80/2000 and
44/2001.
member or deputy of the Compensation
LawToday:
10 Appeals Tribunal (established under
www.dms.
dpc.vic.
Part 10)".
gov.au
26. Amendment of secrecy provision
In section 146(1) of the Fisheries Act 1995, after
paragraph (h) insert--
15 "(ha) a member or deputy of the Compensation
Assessment Panel (established under
Part 10);
(hb) a member or deputy of the Compensation
Appeals Tribunal (established under
20 Part 10);".
27. Insertion of new Part 10 in the Fisheries Act 1995
In the Fisheries Act 1995, after Part 9 insert--
'PART 10--TRANSITIONAL PROVISIONS--
NATIONAL PARKS (MARINE NATIONAL
25 PARKS AND MARINE SANCTUARIES) ACT
2002
Division 1--General
164. Definitions
(1) In this Part--
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s. 27
"charter boat operating costs" means the
costs of--
(a) fuel and labour; and
(b) repairs and maintenance of any
5 boat--
incurred in carrying on the business of
being a charter boat operator;
"charter boat operator" means a person
who carries on a business of the
10 operating of trading vessels used to
carry passengers for the purpose of
taking or attempting to take fish, other
than for sale, by the use of recreational
fishing equipment;
15 "compensable year" means a period of time
set out in Column 3 of an item in
Table 1;
"eligible charter boat operator" means a
person who has carried on business as a
20 charter boat operator at any time
between 1 April 1999 and 31 March
2002 in any part of a park;
"eligible rock lobster access licence
holder" means a person who is the
25 holder of an access licence that is--
(a) a relevant access licence; and
(b) a Rock Lobster Fishery Access
Licence within the meaning of
regulation 201 of the Fisheries
30 Regulations 1998;
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s. 27
"eligible specified access licence holder"
means a person who is the holder of an
access licence that is--
(a) a relevant access licence; and
5 (b) a specified access licence;
"fishing operating costs" means the costs
of--
(a) fuel and labour; and
(b) repairs and maintenance of any
10 boat and of any fishing
equipment--
incurred in taking or attempting to take
fish or fishing bait for sale;
"fishing prohibition" means the application
15 of sub-section (1) of section 45A of the
National Parks Act 1975 to the whole
or any part of a park or sanctuary;
"licence year" means a period of 12 months
beginning on 1 April in any calendar
20 year and ending on 31 March in the
following calendar year;
"Panel" means the Compensation
Assessment Panel established under
section 184(1);
25 "park" has the same meaning as "marine
national park" has in the National
Parks Act 1975;
"prescribed year" means a period of time
set out in either item 1 or item 2 of
30 Column 3 of Table 2;
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s. 27
"relevant access licence" means an access
licence under the authority of which
fish or fishing bait has been taken at
any time between 1 April 1999 and
5 31 March 2002 in any one or more of
the following areas--
(a) a part of a park;
(b) a part of a sanctuary described in
Part 2, 5, 8 or 11 of Schedule
10 Eight of the National Parks Act
1975;
"relevant park", in relation to a
compensable year, means a park or
sanctuary described in Columns 1 and 2
15 of the item in Table 1 in which the
compensable year is set out;
"sanctuary" has the same meaning as
"marine sanctuary" has in the National
Parks Act 1975;
20 "specified access licence" means an access
licence that is of any one of the
following classes of access licence,
within the meaning of regulation 201 of
the Fisheries Regulations 1998--
25 (a) Bait (General) Fishery Access
Licence;
(b) Corner Inlet Fishery Access
Licence;
(c) Ocean Fishery Access Licence;
30 (d) Port Phillip Bay (Mussel Bait)
Fishery Access Licence;
(e) Purse Seine (Ocean) Fishery
Access Licence;
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(f) Purse Seine (Port Phillip Bay)
Fishery Access Licence;
(g) Scallop (Ocean) Fishery Access
Licence;
5 (h) Trawl (Inshore) Fishery Access
Licence;
(i) Westernport/Port Phillip Bay
Fishery Access Licence;
(j) Wrasse (Ocean) Fishery Access
10 Licence;
"Table 1" means Table 1 set out in sub-
section (2);
"Table 2" means Table 2 set out in sub-
section (3);
15 "trading vessel" has the same meaning as in
section 3(1) of the Marine Act 1988;
"Tribunal" means the Compensation
Appeals Tribunal established under
section 190(1);
20 "unregulated land" has the same meaning
as in section 45A(12) of the National
Parks Act 1975.
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PART 3--AMENDMENTS TO the fisheries act 1995
s. 27
(2) Table 1 has effect for the purposes of this
Part--
TABLE 1
Table setting out, in relation to parks and sanctuaries, the
periods of time for which there are compensation
entitlements for eligible rock lobster access licence holders
and eligible specified access licence holders
Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and Compensable
National Parks
Sanctuaries Years
Act 1975
1. Bunurong Part 1 of Schedule 16 November
Marine Seven 2002 to
National Park 31 March
2003
Churchill Part 3 of Schedule
Island Marine Seven 1 April 2003
National Park to 31 March
2004
French Island Part 6 of Schedule
Marine Seven
National Park
Ninety Mile Part 7 of Schedule
Beach Marine Seven
National Park
Point Addis Part 8 of Schedule
Marine Seven
National Park
Point Hicks Part 9 of Schedule
Marine Seven
National Park
Port Phillip Part 10 of
Heads Marine Schedule Seven
National Park
Wilsons Part 12 of
Promontory Schedule Seven
Marine
National Park
Yaringa Part 13 of
Marine Schedule Seven
National Park
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PART 3--AMENDMENTS TO the fisheries act 1995
s. 27
Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and Compensable
National Parks
Sanctuaries Years
Act 1975
Beware Reef Part 2 of Schedule
Marine Eight
Sanctuary
Marengo Part 5 of Schedule
Reefs Marine Eight
Sanctuary
The Arches Part 11 of
Marine Schedule Eight
Sanctuary
2. All marine Parts 1 to 13 of 1 April 2004
national parks Schedule Seven to 31 March
2005
Beware Reef Part 2 of Schedule
Marine Eight 1 April 2005
Sanctuary to 31 March
2006
Marengo Part 5 of Schedule
Reefs Marine Eight
Sanctuary
The Arches Part 11 of
Marine Schedule Eight
Sanctuary
Unregulated Part 8 of Schedule
land in Point Eight, to the extent
Cooke Marine that it is
Sanctuary unregulated land
3. Cape Howe Part 2 of Schedule 1 April 2006
Marine Seven to 31 March
National Park 2007
Corner Inlet Part 4 of Schedule
Marine Seven
National Park
Discovery Part 5 of Schedule
Bay Marine Seven
National Park
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s. 27
Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and Compensable
National Parks
Sanctuaries Years
Act 1975
Twelve Part 11 of
Apostles Schedule Seven
Marine
National Park
Unregulated Part 8 of Schedule
land in Point Eight, to the extent
Cooke Marine that it is
Sanctuary unregulated land
(3) Table 2 has effect for the purposes of this
Part--
TABLE 2
Table setting out, in relation to parks, the periods of time
for which there are compensation entitlements for eligible
charter boat operators
Items Column 1 Column 2 Column 3
Parts and Schedule
Numbers of
Names of Prescribed
National Parks
Parks Years
Act 1975
1. Bunurong Part 1 of Schedule 16 November
Marine Seven 2002 to
National Park 15 November
2003
Churchill Part 3 of Schedule
Island Marine Seven 16 November
National Park 2003 to
15 November
French Island Part 6 of Schedule
2004
Marine Seven
National Park 16 November
2004 to
Ninety Mile Part 7 of Schedule
15 November
Beach Marine Seven
2005
National Park
Point Addis Part 8 of Schedule
Marine Seven
National Park
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PART 3--AMENDMENTS TO the fisheries act 1995
s. 27
Items Column 1 Column 2 Column 3
Parts and Schedule
Numbers of
Names of Prescribed
National Parks
Parks Years
Act 1975
Point Hicks Part 9 of Schedule
Marine Seven
National Park
Port Phillip Part 10 of
Heads Marine Schedule Seven
National Park
Wilsons Part 12 of
Promontory Schedule Seven
Marine
National Park
Yaringa Part 13 of
Marine Schedule Seven
National Park
2. Cape Howe Part 2 of Schedule 1 April 2004
Marine Seven to 31 March
National Park 2005
Corner Inlet Part 4 of Schedule 1 April 2005
Marine Seven to 31 March
National Park 2006
Discovery Part 5 of Schedule 1 April 2006
Bay Marine Seven to 31 March
National Park 2007
Twelve Part 11 of
Apostles Schedule Seven
Marine
National Park
165. Compensation only payable to licence
holders and permit holders as provided in
this Part
(1) Except as provided in this Part,
5 compensation is not payable by the State of
Victoria to a person who is, or has been at
any time, the holder of--
(a) a fishery licence; or
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PART 3--AMENDMENTS TO the fisheries act 1995
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(b) a general permit under section 49--
for any loss, damage or injury whatsoever
resulting from or arising out of--
(c) the enactment of the National Parks
5 (Marine National Parks and Marine
Sanctuaries) Act 2002; or
(d) the existence of any marine national
park or marine sanctuary (within the
meaning of the National Parks Act
10 1975) created by the operation of the
National Parks (Marine National
Parks and Marine Sanctuaries) Act
2002.
(2) Nothing in this section prevents any
15 proceeding to recover damages for any loss,
damage or injury whatsoever resulting from
or arising out of any person negligently or
unlawfully exercising, purporting to exercise
or failing to exercise any power, duty or
20 authority conferred by or under this Act or
the National Parks Act 1975.
166. Certificate for purposes of evidence
In any proceedings under this Part, a
certificate purporting to be signed by the
25 Secretary, stating that fish or fishing bait was
taken for sale in the area set out in the
certificate, during the period set out in the
certificate, is evidence of the facts stated in
it.
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PART 3--AMENDMENTS TO the fisheries act 1995
s. 27
Division 2--Entitlements for eligible rock
lobster access licence holders
167. Reduced catch entitlements--eligible rock
lobster access licence holders
5 (1) If, in a compensable year--
(a) an eligible rock lobster access licence
holder has failed to take the whole or
any part of the licence quota of that
licence as at the end of 31 March in that
10 compensable year (in this sub-section
called the "licence quota not taken");
and
(b) the whole or a part of the licence quota
not taken can reasonably be attributed
15 to the fishing prohibition applying to
any one or more relevant parks--
the licence holder is entitled to be paid an
amount determined in accordance with the
following formula--
Y
W × X × 1 -
Z
20 where--
W is the whole or the part of the licence
quota not taken that can reasonably be
attributed to the fishing prohibition so
applying; and
25 X is the estimated averaged beach price
obtained by the licence holder for rock
lobster taken under the licence for the
compensable year; and
Y is the operating costs (not including
30 depreciation) incurred by the licence
holder in taking or attempting to take
fish under the licence in the financial
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PART 3--AMENDMENTS TO the fisheries act 1995
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year ending on the 30 June immediately
after the compensable year, other than
that part (if any) of the operating costs
(not including depreciation) that can
5 reasonably be attributed to the fishing
prohibition so applying; and
Z is the gross revenue received by the
licence holder in respect of the fish
taken under the licence in that financial
10 year.
(2) In this section--
"licence quota" means the weight of rock
lobster that is permitted to be taken
under an access licence by virtue of the
15 number of individual quota units that
the licence holder holds under this Act
in respect of the licence.
168. Increased costs entitlements--eligible rock
lobster access licence holders
20 An eligible rock lobster access licence holder
is entitled to be paid, for each particular
compensable year, an amount that represents
the difference between--
(a) the fishing operating costs reasonably
25 incurred under the licence in the
particular compensable year; and
(b) the fishing operating costs that would
reasonably have been incurred under
the licence in the particular
30 compensable year, if the fishing
prohibition had not applied to any one
or more relevant parks--
if the costs determined under paragraph (a)
are greater than the costs determined under
35 paragraph (b).
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PART 3--AMENDMENTS TO the fisheries act 1995
s. 27
Division 3--Entitlements for eligible specified
access licence holders
169. Reduced catch entitlements--eligible
specified access licence holders
5 (1) If in a compensable year--
(a) the total weight of fish (if any) and
fishing bait (if any) taken by an eligible
specified access licence holder under
the licence is less than--
10 (i) in the case of a compensable year
other than the first compensable
year, the averaged annual catch
taken under the licence; or
(ii) in the case of the first
15 compensable year, the averaged
proportionate catch taken under
the licence--
(in this sub-section called the
"difference in catch"); and
20 (b) the whole or a part of the difference in
catch can reasonably be attributed to
the fishing prohibition applying to any
one or more relevant parks--
the licence holder is entitled to be paid an
25 amount determined in accordance with the
following formula--
Y
W × X × 1 -
Z
where--
W is the whole or the part of the difference
in catch that can reasonably be
30 attributed to the fishing prohibition so
applying; and
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s. 27
X is the estimated weighted averaged
beach price obtained by the licence
holder for the classes of fish (if any)
and fishing bait (if any) taken under the
5 licence in the fishery in which the
licence holder fished in the
compensable year; and
Y is the operating costs (not including
depreciation) incurred by the licence
10 holder in taking or attempting to take
fish (if any) and fishing bait (if any)
under the licence in the financial year,
ending on the 30 June immediately
after the compensable year, other than
15 that part (if any) of the operating costs
(not including depreciation) that can
reasonably be attributed to the fishing
prohibition so applying; and
Z is the gross revenue received by the
20 licence holder in respect of the fish (if
any) and fishing bait (if any) taken
under the licence in that financial year.
(2) In this section--
"averaged annual catch" means--
25 (a) in the case of a licence under
which any fish or fishing bait was
taken in each of the 3 licence
years commencing on 1 April
1999 and ending on 31 March
30 2002 in any one or more relevant
parks, the average annual weight
of fish (if any) taken and of
fishing bait (if any) taken under
the licence in the 2 of the 3 years
35 in which the annual weights taken
were the highest and the second
highest; and
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(b) in the case of a licence under
which any fish or fishing bait was
taken in 2 of the 3 licence years
commencing on 1 April 1999 and
5 ending on 31 March 2002 in any
one or more relevant parks, the
average annual weight of fish (if
any) and fishing bait (if any) taken
under the licence in those 2 years;
10 and
(c) in the case of a licence under
which any fish or fishing bait was
taken in 1 of the 3 licence years
commencing on 1 April 1999 and
15 ending on 31 March 2002 in any
one or more relevant parks, the
weight of fish (if any) and fishing
bait (if any) taken under the
licence in that year;
20 "averaged proportionate catch" means--
(a) in the case of a licence under
which any fish or fishing bait was
taken in the period beginning on
16 November and ending on
25 31 March in each of the 3 licence
years commencing on 1 April
1999 and ending on 31 March
2002 in any one or more relevant
parks, the average weight of fish
30 (if any) taken and of fishing bait
(if any) taken under the licence in
the 2 of the 3 periods in which the
weights taken were the highest
and the second highest; and
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(b) in the case of a licence under
which any fish or fishing bait was
taken in the period beginning on
16 November and ending on
5 31 March in 2 of the 3 licence
years commencing on 1 April
1999 and ending on 31 March
2002 in any one or more relevant
parks, the average weight of fish
10 (if any) and fishing bait (if any)
taken under the licence in those
2 periods; and
(c) in the case of a licence under
which any fish or fishing bait was
15 taken in the period beginning on
16 November and ending on
31 March in 1 of the 3 licence
years commencing on 1 April
1999 and ending on 31 March
20 2002 in any one or more relevant
parks, the weight of fish (if any)
and fishing bait (if any) taken
under the licence in that period;
"first compensable year" means the period
25 commencing on 16 November 2002
and ending on 31 March 2003.
170. Increased costs entitlements--eligible
specified access licence holders
An eligible specified access licence holder is
30 entitled to be paid, for each particular
compensable year, an amount that represents
the difference between--
(a) the fishing operating costs reasonably
incurred under the licence in the
35 particular compensable year; and
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(b) the fishing operating costs that would
reasonably have been incurred under
the licence in the particular
compensable year if the fishing
5 prohibition had not applied to any one
or more relevant parks--
if the costs determined under paragraph (a)
are greater than the costs determined under
paragraph (b).
10 Division 4--Entitlements for eligible charter
boat operators
171. Increased costs entitlements--eligible
charter boat operators
An eligible charter boat operator is entitled
15 to be paid, for each particular prescribed
year, an amount that represents the
difference between--
(a) the charter boat operating costs
reasonably incurred in the particular
20 prescribed year; and
(b) the charter boat operating costs that
would reasonably have been incurred in
the particular prescribed year, if the
fishing prohibition had not applied to
25 any one or more parks described in
Columns 1 and 2 of the item in Table 2
in which the prescribed year is set
out--
if the costs determined under paragraph (a)
30 are greater than the costs determined under
paragraph (b).
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Division 5--Determinations of the Panel--
eligible rock lobster access licence holders and
eligible specified access licence holders
172. Application to Panel for determination of
5 interim payment--eligible rock lobster
access licence holders and eligible specified
access licence holders
(1) An eligible rock lobster access licence holder
or an eligible specified access licence holder
10 may, during the course of a particular licence
year, apply to the Panel for a determination
under section 173.
(2) An application under this section must--
(a) be in the form determined by the Panel
15 and accompanied by the information
required by the Panel; and
(b) may be lodged with the Registrar at any
time during the course of the licence
year in respect of which the application
20 is made.
(3) A licence holder may not make more than
one application under this section in any
particular licence year.
(4) The Registrar of the Panel must notify an
25 applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.
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173. Determinations of the Panel as to interim
payments--eligible rock lobster access
licence holders and eligible specified access
licence holders
5 (1) If the Panel is satisfied--
(a) that a person, who has made an
application under section 172, is
incurring financial hardship in the
licence year in respect of which the
10 application is made; and
(b) that the person who has made the
application is likely to have an
entitlement under--
(i) either or both of sections 167 and
15 168 for that particular licence
year; or
(ii) either or both of sections 169 and
170 for that particular licence
year--
20 the Panel may determine--
(c) the amount that is likely to be that
person's entitlement for the particular
licence year; and
(d) an amount (being the whole or a part of
25 the amount determined under paragraph
(c)) that the Panel believes it is
reasonable to pay to the person before
the end of the licence year in respect of
which the application is made.
30 (2) An amount that the Panel has determined is
to be paid to a person under sub-section (1)
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is a debt owed by the State of Victoria to that
person.
(3) A decision on an application under section
172 must be made not later than 30 days
5 after the application is lodged with the
Registrar.
(4) On making a decision on an application
under section 172 the Panel must notify the
applicant and the Secretary in writing of the
10 decision and of its reasons for making the
decision.
(5) If--
(a) an application under section 172 has
been made to the Panel; and
15 (b) the time period provided in sub-section
(3) has elapsed; and
(c) notice of a decision on the application
for the determination has not been
received by the applicant--
20 the Panel is deemed to have made, on the
day on which the time period elapsed, a
decision that the applicant has no entitlement
to a payment under this section.
174. Application to Panel for determination of
25 final payment--eligible rock lobster access
licence holders and eligible specified access
licence holders
(1) An eligible rock lobster access licence holder
may, for a particular licence year, apply to
30 the Panel for a determination under section
175(1) of any entitlement the licence holder
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may have under either or both of sections
167 and 168 to a payment for that year.
(2) An eligible specified access licence holder
may, for a particular licence year, apply to
5 the Panel for a determination under section
175(1) of any entitlement the licence holder
may have under either or both of sections
169 and 170 to a payment for that year.
(3) An application under this section must--
10 (a) be in the form determined by the Panel
and accompanied by the information
required by the Panel; and
(b) be lodged with the Registrar of the
Panel not later than 30 September after
15 the end of the licence year in respect of
which the application has been made.
(4) If the Panel is of the opinion that it is
reasonably necessary in all the
circumstances, the Panel may allow a person
20 a further 2 weeks after the time specified in
sub-section (3)(b) in which to lodge an
application.
(5) The Registrar of the Panel must notify an
applicant under this section that the
25 application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.
175. Determinations of the Panel as to final
payments--eligible rock lobster access
30 licence holders and eligible specified access
licence holders
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(1) The Panel may determine, for a licence year
in respect of which an application has been
made under section 174, whether or not the
applicant has an entitlement under--
5 (a) either or both of sections 167 and 168;
or
(b) either or both of sections 169 and
170--
and--
10 (c) in the case of an applicant in respect of
whom a determination of an interim
payment under section 173 has not been
made for the licence year, if the Panel
determines that the applicant has an
15 entitlement for that year, the Panel must
determine the amount of that
entitlement; or
(d) in the case of an applicant in respect of
whom a determination of an interim
20 payment under section 173 has been
made for the licence year, if the Panel
determines that the applicant has an
entitlement for that year, the Panel must
determine--
25 (i) the amount of that entitlement;
and
(ii) whether or not the amount of the
interim payment is greater or less
than the amount determined under
30 sub-paragraph (i).
(2) The Panel, of its own motion, may
determine, for a licence year in respect of
which a determination of an interim payment
under section 173 has been made, whether or
35 not the person in respect of whom the
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determination has been made has an
entitlement under--
(a) either or both of sections 167 and 168
for that year; or
5 (b) either or both of sections 169 and 170
for that year--
and, if the Panel determines that the
applicant has an entitlement for that year, the
Panel must determine--
10 (c) the amount of that entitlement; and
(d) whether or not the amount of the
interim payment is greater or less than
the amount determined under
paragraph (c).
15 (3) If--
(a) the Panel, under sub-section (1)(c),
determines an amount that is an
entitlement of a person, that amount is a
debt owed by the State of Victoria to
20 that person; or
(b) the Panel determines under sub-section
(1)(d)(ii) or (2)(d) that the amount of
the interim payment is less than the
amount determined under sub-section
25 (1)(d)(i) or (2)(c) (as the case requires),
the difference between the two amounts
is a debt owed by the State of Victoria
to the person in respect of whom the
determination has been made; or
30 (c) the Panel determines under sub-section
(1)(d)(ii) or (2)(d) that the amount of
the interim payment is greater than the
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amount determined under sub-section
(1)(d)(i) or (2)(c) (as the case requires),
the difference between the two amounts
is a debt owed by the person in respect
5 of whom the determination has been
made to the State of Victoria.
(4) If the Panel proposes to make a
determination under sub-section (2), the
Registrar of the Panel--
10 (a) must, at least 30 days before any such
determination is made, notify the
person in respect of whom the
determination is to be made--
(i) that the matter is being considered
15 by the Panel; and
(ii) that the applicant may request that
the application be considered at an
oral hearing; and
(b) may require the person in respect of
20 whom the determination is to be made
to provide the information specified by
the Panel.
176. Procedures for making determinations of
final payments--eligible rock lobster access
25 licence holders and eligible specified access
licence holders
(1) A determination under section 175 must be
made not later than the 31 March next
following the end of the licence year in
30 respect of which the determination is made.
(2) On making a determination under section
175 the Panel must notify the licence holder
in respect of whom the determination is
made and the Secretary in writing of its
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determination and of its reasons for making
the determination.
(3) If--
(a) an application has been made to the
5 Panel for a determination under
section 175; and
(b) the time period provided in sub-section
(1) has elapsed; and
(c) notice of a decision on the application
10 for the determination has not been
received by the applicant--
the Panel is deemed to have made, on the
day on which the time period elapsed, a
determination that the applicant has no
15 entitlement under this Part.
Division 6--Determinations of the Panel--
eligible charter boat operators
177. Application to Panel for determination of
interim payment--eligible charter boat
20 operators
(1) An eligible charter boat operator may, during
the course of any prescribed year, apply to
the Panel for a determination under section
178.
25 (2) An application under this section must--
(a) be in the form determined by the Panel
and accompanied by the information
required by the Panel; and
(b) may be lodged with the Registrar at any
30 time during the course of the prescribed
year in respect of which the application
is made.
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(3) An eligible charter boat operator may not
make more than one application under this
section in any prescribed year.
(4) The Registrar of the Panel must notify an
5 applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.
178. Determinations of the Panel as to interim
10 payments--eligible charter boat operators
(1) If the Panel is satisfied--
(a) that, a person, who has made an
application under section 177, is
incurring financial hardship in the
15 prescribed year in respect of which the
application is made; and
(b) that the person who has made the
application is likely to have an
entitlement under section 171 for that
20 particular prescribed year--
the Panel may determine--
(c) the amount that is likely to be that
person's entitlement for the particular
prescribed year; and
25 (d) an amount (being the whole or a part of
the amount determined under paragraph
(c)) that the Panel believes it is
reasonable to pay to the person before
the end of the prescribed year in respect
30 of which the application is made.
(2) An amount that the Panel has determined is
to be paid to a person under sub-section (1)
is a debt owed by the State of Victoria to that
person.
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(3) A decision on an application under
section 177 must be made not later than
30 days after the application is lodged with
the Registrar.
5 (4) On making a decision on an application
under section 177 the Panel must notify the
applicant and the Secretary in writing of the
decision and of its reasons for making the
decision.
10 (5) If--
(a) an application under section 177 has
been made to the Panel; and
(b) the time period provided in sub-section
(3) has elapsed; and
15 (c) notice of a decision on the application
for the determination has not been
received by the applicant--
the Panel is deemed to have made, on the
day on which the time period elapsed, a
20 decision that the applicant has no entitlement
to a payment under this section.
179. Application to Panel for determination of
final payment--eligible charter boat
operators
25 (1) An eligible charter boat operator may, for a
particular prescribed year, apply to the Panel
for a determination under section 180(1) of
any entitlement the eligible charter boat
operator may have under section 171 to a
30 payment for that year.
(2) An application under this section must--
(a) be in the form determined by the Panel
and accompanied by the information
required by the Panel; and
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(b) be lodged with the Registrar of the
Panel not later than 90 days after the
end of the prescribed year in respect of
which the application has been made.
5 (3) If the Panel is of the opinion that it is
reasonably necessary in all the
circumstances, the Panel may allow a person
a further 2 weeks after the time specified in
sub-section (2)(b) in which to lodge an
10 application.
(4) The Registrar of the Panel must notify an
applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
15 application be considered at an oral hearing.
180. Determinations of the Panel as to final
payments--eligible charter boat operators
(1) The Panel may determine, for a prescribed
year in respect of which an application has
20 been made under section 179, whether or not
the applicant has an entitlement under
section 171 and--
(a) in the case of an applicant in respect of
whom a determination of an interim
25 payment under section 178 has not been
made for the prescribed year, if the
Panel determines that the applicant has
an entitlement for that year, the Panel
must determine the amount of that
30 entitlement; or
(b) in the case of an applicant in respect of
whom a determination of an interim
payment under section 178 has been
made for the prescribed year, if the
35 Panel determines that the applicant has
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an entitlement for that year, the Panel
must determine--
(i) the amount of that entitlement;
and
5 (ii) whether or not the amount of the
interim payment is greater or less
than the amount determined under
sub-paragraph (i).
(2) The Panel, of its own motion, may
10 determine, for a prescribed year in respect of
which a determination of an interim payment
under section 178 has been made, whether or
not the person in respect of whom the
determination has been made has an
15 entitlement under section 171 for that year
and, if the Panel determines that the
applicant has an entitlement for that year, the
Panel must determine--
(a) the amount of that entitlement; and
20 (b) whether or not the amount of the
interim payment is greater or less than
the amount determined under
paragraph (a).
(3) If--
25 (a) the Panel, under sub-section (1)(a),
determines an amount that is an
entitlement of a person, that amount is a
debt owed by the State of Victoria to
that person; or
30 (b) the Panel determines under sub-section
(1)(b)(ii) or (2)(b) that the amount of
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the interim payment is less than the
amount determined under sub-section
(1)(b)(i) or (2)(a) (as the case requires),
the difference between the two amounts
5 is a debt owed by the State of Victoria
to the person in respect of whom the
determination has been made; or
(c) the Panel determines under sub-section
(1)(b)(ii) or (2)(b) that the amount of
10 the interim payment is greater than the
amount determined under sub-section
(1)(b)(i) or (2)(a) (as the case requires),
the difference between the two amounts
is a debt owed by the person in respect
15 of whom the determination has been
made to the State of Victoria.
(4) If the Panel proposes to make a
determination under sub-section (2), the
Registrar of the Panel--
20 (a) must, at least 30 days before making
the determination, give the person in
respect of whom the determination is to
be made, notice of the proposal to make
the determination; and
25 (b) may require the person in respect of
whom the determination is to be made
to provide the information specified by
the Panel.
181. Procedures for making determinations of
30 final payments--eligible charter boat
operators
(1) A determination under section 180 must be
made not later than 180 days after the end of
the prescribed year in respect of which the
35 determination is made.
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(2) On making a determination under
section 180 the Panel must notify the person
in respect of whom the determination is
made and the Secretary in writing of its
5 determination and of its reasons for making
the determination.
(3) If--
(a) an application has been made to the
Panel for a determination under
10 section 180; and
(b) the time period provided in sub-section
(1) has elapsed; and
(c) notice of a decision on the application
for the determination has not been
15 received by the applicant--
the Panel is deemed to have made, on the
day on which the time period elapsed, a
determination that the applicant has no
entitlement under this Part.
20 Division 7--Review of determinations by the
Tribunal
182. Applications for the Tribunal to review
determinations
(1) The Secretary or a person in respect of
25 whom a determination under Division 5 or
Division 6 has been made by the Panel may
apply to the Tribunal for a review of any
such determination.
(2) An application must--
30 (a) be in writing; and
(b) specify the grounds of the application;
and
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(c) be lodged with the Registrar of the
Tribunal within 30 days of the applicant
being given notice of the determination
of the Panel or within 30 days of the
5 Panel being deemed to have made the
determination (as the case requires).
(3) The Registrar of the Tribunal must notify the
applicant of the time and place fixed for the
review of the determination.
10 183. Determinations of applications by the
Tribunal
(1) After hearing an application for review, the
Tribunal may--
(a) affirm the determination; or
15 (b) vary the determination; or
(c) set aside the determination and make a
determination in substitution for the
determination.
(2) On making a determination of an application
20 under sub-section (1), the Tribunal must
notify the applicant and the Secretary in
writing of its determination and of its reasons
for making the determination.
Division 8--Constitution and proceedings of
25 the Panel
184. Compensation Assessment Panel
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(1) For the purposes of this Part there is
established a Compensation Assessment
Panel.
(2) The Panel is to consist of 3 members who are
5 to be appointed by the Minister, being--
(a) a chairperson who has, in the opinion of
the Minister, extensive knowledge and
experience in any one or more of the
following areas, industry, commerce,
10 economics, law or public
administration;
(b) one person, selected by the Minister,
from a panel of 3 persons associated
with and familiar with the fishing
15 industry, nominated by the recognised
peak body so declared under section
95(1)(a);
(c) one person who, in the opinion of the
Minister, has expertise in financial
20 matters.
(3) A person must not be appointed as a member
of the Panel if that person is--
(a) a member or a deputy of the Tribunal;
or
25 (b) an eligible rock lobster access licence
holder, an eligible specified access
licence holder or an eligible charter
boat operator.
(4) The Minister may, at any time, remove a
30 member of the Panel and appoint another
member in accordance with sub-section (2).
(5) A member is appointed for the term, not
exceeding 3 years, that is specified in the
instrument of appointment.
35 (6) A member is eligible for re-appointment.
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(7) Subject to this section, a member holds
office on those terms and conditions
(including as to payment and travel
allowances) that are specified in the
5 member's instrument of appointment.
(8) The Public Sector Management and
Employment Act 1998 (except in
accordance with Part 7 of that Act) does not
apply to a member in respect of the office of
10 member.
185. Deputies for members of the Panel
(1) The Minister must appoint as a deputy for
each member of the Panel, a person who
satisfies the same qualification requirements
15 as those that apply to the member for whom
he or she is a deputy.
(2) A person must not be appointed as a deputy
for a member of the Panel if that person is--
(a) a member or a deputy of the Tribunal;
20 or
(b) an eligible rock lobster access licence
holder, an eligible specified access
licence holder or an eligible charter
boat operator.
25 (3) The Minister may, at any time, remove a
deputy and appoint another deputy in
accordance with sub-section (1).
(4) A deputy is appointed for the term, not
exceeding 3 years, that is specified in his or
30 her instrument of appointment.
(5) A deputy is eligible for re-appointment.
(6) Subject to this section, a deputy holds office
on those terms and conditions (including as
to payment and travel allowances) that are
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specified in his or her instrument of
appointment.
(7) The Public Sector Management and
Employment Act 1998 (except in
5 accordance with Part 7 of that Act) does not
apply to a deputy in respect of the office of
deputy.
(8) A deputy has, while acting in the place of a
member, the powers and duties of the
10 member.
186. Registrar of the Panel
The Secretary must appoint a person to be
the Registrar of the Panel.
187. Meetings of the Panel
15 (1) Subject to sub-section (2), meetings of the
Panel are to be held at the times and places
that the Panel determines.
(2) The chairperson of the Panel may fix
meetings of the Panel.
20 (3) Subject to this section, in any meeting, the
Panel may regulate its own procedure.
188. Proceedings of the Panel
(1) For the purposes of making a determination
under Division 5 or Division 6, the Panel
25 must be constituted by the 3 members of the
Panel.
(2) Despite sub-section (1), if a member of the
Panel is unable to take part in any
proceeding under sub-section (1) because
30 that member is ill or absent, the deputy of
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that member may take part in the proceeding
in his or her place.
(3) If, after a proceeding has commenced, a
person who is part of the Panel for the
5 purposes of that proceeding becomes unable
to take part in the proceeding, the
chairperson must either--
(a) with the consent of the applicant,
arrange for the proceeding to continue,
10 with the deputy of the member who is
unable to take part taking that member's
place; or
(b) arrange for the proceeding to be reheard
with the Panel constituted in
15 accordance with this Division.
189. Conducting proceedings of the Panel
(1) In any proceeding of the Panel, the deputy of
the chairperson is to preside in the absence
of the chairperson.
20 (2) A determination of the Panel must be made
by a majority of the persons conducting the
proceeding.
(3) The Panel must give any party to the
proceeding--
25 (a) reasonable notice of the proceeding;
and
(b) a reasonable opportunity to be heard.
(4) The Panel, in making any determination--
(a) must act according to the substantial
30 merits of the case and without regard to
legal forms and technicalities; and
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(b) may proceed and inform itself in any
manner it thinks fit and may regulate its
own proceedings; and
(c) is bound by the rules of natural justice;
5 and
(d) is not bound by any rule or practice as
to evidence.
(5) A party to any proceeding before the Panel
may appear and be heard before the Panel
10 personally or a by a barrister and solicitor or
by a person authorised in that behalf by that
party.
Division 9--Constitution and proceedings of
the Tribunal
15 190. Compensation Appeals Tribunal
(1) For the purposes of this Part there is
established a Compensation Appeals
Tribunal.
(2) The Tribunal is to consist of 3 members who
20 are appointed by the Governor in Council, on
the recommendation of the Minister, being--
(a) a person who is admitted to practice as
a barrister and solicitor of the Supreme
Court and who has knowledge of and
25 experience in administrative law or the
law of procedure and evidence, who is
to be the chairperson;
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(b) one person, nominated by the Minister,
from a panel of 3 persons associated
with and familiar with the fishing
industry, nominated by the recognised
5 peak body so declared under section
95(1)(a);
(c) one person who, in the opinion of the
Minister, has expertise in financial
matters.
10 (3) A person must not be appointed as a member
of the Tribunal if that person is--
(a) a member or a deputy of the Panel; or
(b) an eligible rock lobster access licence
holder, an eligible specified access
15 licence holder or an eligible charter
boat operator.
(4) The Governor in Council may, at any time,
on the recommendation of the Minister,
remove a member of the Tribunal and
20 appoint another member in accordance with
sub-section (2).
(5) A member is appointed for the term, not
exceeding 3 years, that is specified in the
instrument of appointment.
25 (6) A member is eligible for re-appointment.
(7) Subject to this section, a member holds
office on those terms and conditions
(including as to payment and travel
allowances) that are specified in the
30 member's instrument of appointment.
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(8) The Public Sector Management and
Employment Act 1998 (except in
accordance with Part 7 of that Act) does not
apply to a member in respect of the office of
5 member.
191. Deputies for members of the Tribunal
(1) The Governor in Council, on the
recommendation of the Minister, must
appoint as a deputy for each member of the
10 Tribunal, a person who satisfies the same
qualification requirements as those that apply
to the member for whom he or she is a
deputy.
(2) A person must not be appointed as a deputy
15 for a member of the Tribunal if that person
is--
(a) a member or a deputy of the Panel; or
(b) an eligible rock lobster access licence
holder, an eligible specified access
20 licence holder or an eligible charter
boat operator.
(3) The Governor in Council may, at any time,
on the recommendation of the Minister,
remove a deputy and appoint another deputy
25 in accordance with sub-section (1).
(4) A deputy is appointed for the term, not
exceeding 3 years, that is specified in his or
her instrument of appointment.
(5) A deputy is eligible for re-appointment.
30 (6) Subject to this section, a deputy holds office
on those terms and conditions (including as
to payment and travel allowances) that are
specified in his or her instrument of
appointment.
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(7) The Public Sector Management and
Employment Act 1998 (except in
accordance with Part 7 of that Act) does not
apply to a deputy in respect of the office of
5 deputy.
(8) A deputy has, while acting in the place of a
member, the powers and duties of the
member.
192. Registrar of the Tribunal
10 The Secretary must appoint a person to be
the Registrar of the Tribunal.
193. Meetings of the Tribunal
(1) Subject to sub-section (2), meetings of the
Tribunal are to be held at the times and
15 places that the Tribunal determines.
(2) The chairperson of the Tribunal may fix
meetings of the Tribunal.
(3) Subject to this section, in any meeting, the
Tribunal may regulate its own procedure.
20 194. Proceedings of the Tribunal
(1) For the purposes of making a determination
under section 183 of an application for
review, the Tribunal must be constituted by
the 3 members of the Tribunal.
25 (2) Despite sub-section (1), if a member of the
Tribunal is unable to take part in any
proceeding under sub-section (1) because
that member is ill or absent, the deputy of
that member may take part in the proceeding
30 in his or her place.
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(3) If, after a proceeding has commenced, a
person who is part of the Tribunal for the
purposes of that proceeding becomes unable
to take part in the proceeding, the
5 chairperson must either--
(a) with the consent of the applicant,
arrange for the proceeding to continue,
with the deputy of the member who is
unable to take part taking that member's
10 place; or
(b) arrange for the proceeding to be reheard
with the Tribunal constituted in
accordance with this Division.
195. Conducting proceedings of the Tribunal
15 (1) In any proceeding of the Tribunal, the deputy
of the chairperson is to preside in the
absence of the chairperson.
(2) A determination of an application for review
must be made by a majority of the persons
20 hearing the application.
(3) The Tribunal must give any party to the
proceeding--
(a) reasonable notice of the proceeding;
and
25 (b) a reasonable opportunity to be heard.
(4) The Tribunal, in determining an application
for review--
(a) must act according to the substantial
merits of the case and without regard to
30 legal forms and technicalities; and
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(b) may proceed and inform itself in any
manner it thinks fit and may regulate its
own proceedings; and
(c) is bound by the rules of natural justice;
5 and
(d) is not bound by any rule or practice as
to evidence.
(5) A party to any proceeding before the
Tribunal may appear and be heard before the
10 Tribunal personally or by a barrister and
solicitor or by a person authorised in that
behalf by that party.
(6) The Tribunal may, on the application of the
applicant, order that the determination or the
15 operation or implementation of the
determination to which the application for
review relates, be stayed pending the
determination of the application for review,
if the Tribunal considers that it is desirable to
20 do so after taking into account the interests
of any person who may be affected by the
application for review.
(7) For the purposes of sub-section (6), an
application to stay a determination, or the
25 operation or implementation of a
determination, may, with the consent of the
applicant for review, be heard and
determined by the chairperson sitting alone.
Division 10--Annual reports on fisheries
30 196. Annual reports on fisheries to be prepared
(1) The Minister must, after the expiry of each
of the relevant licence years, cause to be
prepared a report assessing the condition of
each of the following fisheries--
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(a) the abalone fishery;
(b) the rock lobster fishery;
(c) any other fishery for which a specified
access licence applies.
5 (2) In sub-section (1) "relevant licence years"
means the licence years ending on 31 March
2003, 31 March 2004, 31 March 2005,
31 March 2006 and 31 March 2007.
197. Tabling of annual reports on fisheries
10 The Minister must cause each report
prepared under section 196 to be laid before
each House of Parliament by 30 November
next following the end of the licence year for
which the report has been prepared, or, if
15 either House is not then sitting, within
5 sitting days of that House after that date.
198. Minister to have regard to reports
In exercising his or her powers, functions
and duties under this Act, the Minister must
20 have regard to reports prepared under
section 196.'.
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PART 4--AMENDMENTS TO OTHER ACTS
s. 28
PART 4--AMENDMENTS TO OTHER ACTS
28. Amendment of the Extractive Industries Development
Act 1995--Prevention of extractive industries in parks
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".
29. Amendment of the Mineral Resources Development
Act 1990--Prevention of mining activities in parks
10 In section 6(1) of the Mineral Resources
Development Act 1990, after paragraph (b)
insert--
"(ba) land that is a marine national park or a
marine sanctuary under the National Parks
15 Act 1975;".
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PART 5--REVOCATION OF RESERVeS
s. 30
PART 5--REVOCATION OF RESERVES
30. Revocation of Fisheries Reserves
The Orders in Council specified in Schedule 2 are
revoked.
5 31. Revocation of Wildlife Reserve
The Orders in Council specified in Schedule 3 are
revoked.
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SCHEDULES
Sch. 1
SCHEDULES
Section 24
SCHEDULE 1
INSERTION OF NEW SCHEDULES SEVEN AND EIGHT IN
5 THE NATIONAL PARKS ACT 1975
After Schedule Six to the National Parks Act 1975 insert--
"SCHEDULE SEVEN
MARINE NATIONAL PARKS
PART 1--BUNURONG MARINE NATIONAL PARK
10 The land comprising 2100 hectares, more or less, delineated and shown
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--CAPE HOWE MARINE NATIONAL PARK
15 The land comprising 4050 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 13 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--CHURCHILL ISLAND MARINE NATIONAL PARK
20 The land comprising 670 hectares, more or less, delineated and shown 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 4--CORNER INLET MARINE NATIONAL PARK
25 The land comprising 1550 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 3/1 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).
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Sch. 1
PART 5--DISCOVERY BAY MARINE NATIONAL PARK
The land comprising 2770 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 4/2 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--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 (whether or
10 not that is covered by water).
PART 7--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 (whether or
15 not that is covered by water).
PART 8--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 (whether or
20 not that is covered by water).
PART 9--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 (whether or
25 not that is covered by water).
PART 10--PORT PHILLIP HEADS MARINE NATIONAL PARK
The land comprising 3580 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 9/1 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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Sch. 1
PART 11--TWELVE APOSTLES MARINE NATIONAL PARK
The land comprising 7500 hectares, more or less, delineated and shown
shaded on the plan numbered M.N.P. 10/1 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--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
10 (whether or not that is covered by water).
PART 13--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 (whether or not
15 that is covered by water).
__________________
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SCHEDULES
Sch. 1
SCHEDULE EIGHT
MARINE SANCTUARIES
PART 1--BARWON BLUFF MARINE SANCTUARY
The land comprising 17 hectares, more or less, delineated and shown shaded
5 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 shaded
20 on the plan numbered M.S. 6/1 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
25 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.
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Sch. 1
PART 9--POINT DANGER MARINE SANCTUARY
The land comprising 25 hectares, more or less, delineated and shown shaded
on the plan numbered M.S. 9 lodged in the Central Plan Office.
PART 10--RICKETTS POINT MARINE SANCTUARY
5 The land comprising 115 hectares, more or less, delineated and shown shaded
on the plan numbered M.S. 11 lodged in the Central Plan Office.
PART 11--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.
__________________".
______________________
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SCHEDULES
Sch. 2
SCHEDULE 2
Section 30
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
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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Sch. 2
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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SCHEDULES
Sch. 3
SCHEDULE 3
Section 31
REVOCATION OF WILDLIFE RESERVE
Reservation of land under Crown Land (Reserves) Act 1978
Situation of land: Mud Islands
Instrument of reservation Order in Council dated 12 June 1985
under 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, pages 611 and 624
Gazette:
Classification under the Nature conservation reserve
Wildlife Act 1975:
Extent of revocation: The entire reserve
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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