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PARLIAMENT OF VICTORIA
Parks and Crown Land Legislation Amendment
(River Red Gums) Bill 2009
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 Power to enter into management agreements with Traditional
Owner Land Management Boards 3
5 Section 28 repealed 4
6 Water distribution works authority 4
7 Protection of access rights of freeholders in relation to certain
parks 5
8 Insertion of new section 30L 5
30L Right to move cattle through Barmah National Park 5
9 Works under water licences 5
10 Repeal of section 32E 6
11 Repeal of section 32F 6
12 Repeal of section 32G 6
13 Insertion of new section 48B 6
48B Describing lands in notice 6
14 Repeal of definition of recreational fishing equipment 6
15 Repeal of spent transitional provision 6
16 Repeal of spent transitional provision 6
17 Amendment of Schedule One A 7
6 Native title not affected by the Parks and Crown
Land Legislation Amendment (River Red Gums)
Act 2009 7
18 Insertion of new Schedule One AA 7
SCHEDULE ONE AA--Transitional Provisions 7
PART 1--PRELIMINARY 7
1 Definitions 7
561341B.I-14/10/2009 i BILL LA INTRODUCTION 14/10/2009
Clause Page
PART 2--2009 RIVER RED GUMS ACT 8
2 Permits to cut and take away forest produce--Barmah
National Park and Gunbower National Park 8
3 Grazing licences --specified parks 10
4 Apiary licences and rights--specified parks 11
5 Licences for a pump, levee bank and cultivation--
Gunbower National Park 12
6 Licences for equestrian activities--Nyah-Vinifera
Park 13
7 Licences to enter and use land in certain parks for
non-agricultural purposes 13
8 Tour operator licences and permits 14
9 Rights to cease--reserved forest 14
10 Rights to cease--roads 15
19 Amendment of Schedule Two 15
20 Insertion of new national parks in Schedule Two 17
21 Amendment of Schedule Two B 18
22 Amendment of Schedule Three 18
23 Insertion of new parks in Schedule Three 19
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978 20
24 Insertion of definition--Goulburn-Murray Water 20
25 Power to enter into management agreements with Traditional
Owner Land Management Boards 20
26 Control and management of water authority structures--
Kerang and Shepparton Regional Parks 21
27 Works under water licences 22
29HA Works under water licences--Murray River Park 22
28 Insertion of new sections 29IA, 29IB and 29IC 22
29IA Works under water licences--Kerang and Shepparton
Regional Parks 22
29IB Permits to cut and take away forest produce--
Shepparton Regional Park 22
29IC Grazing licences--Kerang and Shepparton Regional
Parks 23
29 Purposes for land in Part 4A of the Fifth Schedule 24
30 Insertion of new section 47BA 24
47BA Murray River Park 24
31 Insertion of new Division 5A of Part 6 26
Division 5A--Further transitional provisions--2009 River
Red Gums Act 26
63 Definitions 26
63A Transitional provision--Murray River Park 26
561341B.I-14/10/2009 ii BILL LA INTRODUCTION 14/10/2009
Clause Page
63B Permits to cut and take away forest produce--Murray
River Park 28
63C Grazing licences --Murray River Park 29
63D Land to become part of park on surrender to the
Crown--Kerang Regional Park 29
63E Savings of licences and other authorities 30
63F Revocation of reservations, regulations and other
interests 30
32 Insertion of new regional parks 31
PART 4--AMENDMENTS TO THE FORESTS ACT 1958 33
33 Definitions 33
34 New section inserted after section 27A 33
28 Power to enter into management agreements with
Traditional Owner Land Management Boards 33
35 New section inserted after section 52 34
52A Arrangements to issue permits 34
36 New sections inserted after section 66 35
66A Offence to leave certain campfires or barbeques
unattended 35
66B Offences as to having clear areas around certain
campfires or barbeques 35
66C Offence as to campfires or barbeques above a certain
size 36
PART 5--AMENDMENTS TO THE CONSERVATION, FORESTS
AND LANDS ACT 1987 37
37 Definitions 37
38 New Part 8A inserted 37
PART 8A--TRADITIONAL OWNER LAND
MANAGEMENT BOARDS 37
Division 1--Definitions 37
82A Definitions 37
Division 2--Constitution of Traditional Owner Land
Management Boards 39
82B Power of Minister to establish Traditional Owner
Land Management Board 39
82C Status of Traditional Owner Land Management
Boards 40
82D Application of Public Administration Act 2004 41
82E Objective of Traditional Owner Land Management
Boards 41
561341B.I-14/10/2009 iii BILL LA INTRODUCTION 14/10/2009
Clause Page
82F Variation of role etc. of Traditional Owner Land
Management Board 41
82G Abolition of Traditional Owner Land Management
Board 42
Division 3--Functions, powers and duties of Traditional
Owner Land Management Boards 43
82H Functions of Traditional Owner Land Management
Boards 43
82I Powers and duties of Traditional Owner Land
Management Boards 43
82J Functions, powers and duties to be carried out in
accordance with relevant Act 44
Division 4--Description, membership and procedure 44
82K Title 44
82L Membership 45
82M Appointment and dismissal of members 45
82N Cessation of office of members 46
82O Procedures 46
Division 5--Agreements as to Traditional Owner Land
Management Boards 47
82P Agreements as to the establishment etc. of Traditional
Owner Land Management Boards 47
Division 6--General 47
82Q Delegations to or in relation to Traditional Owner
Land Management Boards 47
82R Describing land in determinations 48
PART 6--INSERTION OF NEW SCHEDULE IN THE
CONSERVATION, FORESTS AND LANDS ACT 1987 49
39 Insertion of new Schedule 4 49
SCHEDULE 4--Transitional Provisions Applying on
Abolition of Traditional Owner Land Management Boards 49
1 Definitions 49
2 Transfer of assets etc. on abolition 49
3 Amendment of Register 50
PART 7--AMENDMENT OF THE LAND ACT 1958 51
40 New section inserted after section 4A 51
4B Power to enter into management agreements with
Traditional Owner Land Management Boards 51
561341B.I-14/10/2009 iv BILL LA INTRODUCTION 14/10/2009
Clause Page
PART 8--AMENDMENT OF THE WILDLIFE ACT 1975 53
41 New section inserted after section 18 53
18A Power to enter into management agreements with
Traditional Owner Land Management Boards 53
PART 9--AMENDMENT TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990 55
42 Definition of restricted Crown land 55
PART 10--REPEAL OF AMENDING ACT 56
43 Repeal of amending Act 56
ENDNOTES 57
561341B.I-14/10/2009 v BILL LA INTRODUCTION 14/10/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Parks and Crown Land Legislation
Amendment (River Red Gums) Bill
2009
A Bill for an Act to amend the National Parks Act 1975 and the
Crown Land (Reserves) Act 1978 to make further provision for
parks along the Murray River, and to make other amendments to those
Acts and to amend the Conservation, Forests and Lands Act 1987
and the Forests Act 1958 and to make miscellaneous amendments to
other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975 and
5 the Crown Land (Reserves) Act 1978 to
make further provision for parks along the
Murray River; and
561341B.I-14/10/2009 1 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 1--Preliminary
s. 2
(b) to otherwise amend the National Parks Act
1975 and the Crown Land (Reserves) Act
1978; and
(c) to amend the Conservation, Forests and
5 Lands Act 1987 to provide for the
establishment of Traditional Owner Land
Management Boards; and
(d) to amend the Forests Act 1958 to make
further provision for offences and other
10 matters under that Act; and
(e) to make miscellaneous related amendments
to the Land Act 1958, the Mineral
Resources (Sustainable Development) Act
1990 and the Wildlife Act 1975.
15 2 Commencement
(1) Subject to subsection (2), the provisions of this
Act come into operation on a day or days to be
proclaimed.
(2) If a provision of this Act does not come into
20 operation before 30 September 2010, it comes into
operation on that day.
__________________
561341B.I-14/10/2009 2 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 3
PART 2--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975
3 Definitions
In section 3(1) of the National Parks Act 1975 See:
Act No.
5 insert-- 8702.
Reprint No. 12
"recreational fishing equipment has the same as at
14 February
meaning as in the Fisheries Act 1995;". 2008
and
amending
Act Nos
38/1989,
54/2008,
61/2008,
6/2009,
40/2009 and
48/2009.
LawToday:
www.
legislation.
vic.gov.au
4 Power to enter into management agreements with
Traditional Owner Land Management Boards
10 At the end of section 16A of the National Parks
Act 1975 insert--
"(2) The Secretary may enter into a management
agreement with a Traditional Owner Land
Management Board for or relating to--
15 (a) the management of any land in a park
that is appointed land of that Board; or
(b) the carrying out of specified functions,
powers or duties in relation to the
management of any land in a park, that
20 is appointed land of that Board.
(3) In entering into a management agreement
under subsection (2), the Secretary must
have regard to any agreement entered into
under Division 5 of Part 8A of the
561341B.I-14/10/2009 3 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 5
Conservation, Forests and Lands Act 1987
in relation to the land.
(4) In this section--
appointed land, in relation to a Traditional
5 Owner Land Management Board, has
the same meaning as in the
Conservation, Forests and Lands Act
1987;
Traditional Owner Land Management
10 Board has the same meaning as in the
Conservation, Forests and Lands Act
1987.".
5 Section 28 repealed
Section 28 of the National Parks Act 1975 is
15 repealed.
6 Water distribution works authority
(1) For the heading to section 30G of the National
Parks Act 1975 substitute--
"Water distribution works authority in relation
20 to certain parks".
(2) In section 30G(1) of the National Parks Act
1975--
(a) for "Part 41 of Schedule Two" substitute
"Part 38, 40, 41, 46, 47, 48 or 49 of
25 Schedule Two"; and
(b) after "Schedule Two B" insert ", Part 11, 16,
17 or 18 of Schedule Three".
(3) Sections 30G(6) and 30G(7) of the National
Parks Act 1975 are repealed.
561341B.I-14/10/2009 4 BILL LA INTRODUCTION 14/10/2009
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Part 2--Amendments to the National Parks Act 1975
s. 7
7 Protection of access rights of freeholders in relation
to certain parks
For section 30I(4)(a) of the National Parks Act
1975 substitute--
5 "(a) Part 10, Part 17, Part 30, Part 31, Part 38,
Part 41, Part 42, Part 45, Part 46, Part 48 or
Part 49 of Schedule Two;".
8 Insertion of new section 30L
After section 30K of the National Parks Act
10 1975 insert--
"30L Right to move cattle through Barmah
National Park
(1) For the purpose of allowing a person to
move cattle to an area surrounded by land
15 that is part of the park described in Part 46 of
Schedule Two, the Minister may, in writing,
grant that person a right to move cattle
through the park along the route specified by
the Minister.
20 (2) A right under this section is subject to any
conditions that the Minister thinks fit to
impose.
(3) For the purpose of allowing a person to
exercise a right under this section, the
25 Minister may exempt that person from any
regulation affecting the park.".
9 Works under water licences
(1) For the heading to section 30M of the National
Parks Act 1975 substitute--
30 "Works under water licences for certain
parks".
561341B.I-14/10/2009 5 BILL LA INTRODUCTION 14/10/2009
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Part 2--Amendments to the National Parks Act 1975
s. 10
(2) In section 30M of the National Parks Act 1975,
for "Part 37 of Schedule Two B" substitute
"Part 38, 40, 46, 47, 48 or 49 of Schedule Two,
Part 37 of Schedule Two B or Part 11, 16, 17
5 or 18 of Schedule Three".
10 Repeal of section 32E
Section 32E of the National Parks Act 1975 is
repealed.
11 Repeal of section 32F
10 Section 32F of the National Parks Act 1975 is
repealed.
12 Repeal of section 32G
Section 32G of the National Parks Act 1975 is
repealed.
15 13 Insertion of new section 48B
After section 48A of the National Parks Act
1975 insert--
"48B Describing lands in notice
Without limiting the use of any other means
20 to describe land, a notice under this Act may
describe land by reference to a plan lodged
in the Central Plan Office.".
14 Repeal of definition of recreational fishing equipment
Section 45A(9) of the National Parks Act 1975 is
25 repealed.
15 Repeal of spent transitional provision
Section 74 of the National Parks Act 1975 is
repealed.
16 Repeal of spent transitional provision
30 Section 75 of the National Parks Act 1975 is
repealed.
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Part 2--Amendments to the National Parks Act 1975
s. 17
17 Amendment of Schedule One A
After item 5 in Schedule One A to the National
Parks Act 1975 insert--
"6 Native title not affected by the Parks and
5 Crown Land Legislation Amendment
(River Red Gums) Act 2009
(1) The amendments made to this Act by the
Parks and Crown Land Legislation
Amendment (River Red Gums) Act 2009
10 are not intended to affect native title rights
and interests.
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
15 or under the Native Title Act 1993 of the
Commonwealth.".
18 Insertion of new Schedule One AA
After Schedule One A of the National Parks Act
1975 insert--
20 "SCHEDULE ONE AA
TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
1 Definitions
In this Schedule--
25 2009 River Red Gums Act means the Parks
and Crown Land Legislation
Amendment (River Red Gums) Act
2009;
relevant park commencement, in relation to
30 an area of land described in a Part in a
Schedule to this Act, the description of
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Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
which is inserted or amended by a
provision of the 2009 River Red Gums
Act, means the commencement of the
provision of the 2009 River Red Gums
5 Act that so inserts or amends the
description.
PART 2--2009 RIVER RED GUMS ACT
2 Permits to cut and take away forest
produce--Barmah National Park and
10 Gunbower National Park
(1) Any permit--
(a) granted under section 52 of the Forests
Act 1958 to cut and take away forest
produce (being forest produce
15 previously felled in accordance with an
earlier licence) from any part of the
designated area of a relevant park for
use as firewood for domestic or
camping purposes outside the park; and
20 (b) in force immediately before the
relevant park commencement--
continues in force, on and after that
commencement, as a permit granted under
the Forests Act 1958.
25 (2) A permit in force under subclause (1)
continues in force--
(a) until the date of its expiry or 30 June
2011, whichever is the earlier; and
(b) subject to its terms and conditions; and
30 (c) subject to the provisions of the Forests
Act 1958.
561341B.I-14/10/2009 8 BILL LA INTRODUCTION 14/10/2009
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Part 2--Amendments to the National Parks Act 1975
s. 18
(3) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable permits to be granted
under that section to cut and take away forest
5 produce (being forest produce felled in
accordance with an earlier licence) from any
part of the designated area of a relevant park
for use as firewood for domestic or camping
purposes outside the park. A permit so
10 granted may be dealt with under that section.
(4) A permit in force under subclause (3)--
(a) is in force until the date of its expiry or
30 June 2011, whichever is the earlier;
and
15 (b) is subject to the provisions of the
Forests Act 1958.
(5) The Secretary may cut and take away, or
authorise to be cut and taken away on behalf
of the Secretary, forest produce (being forest
20 produce felled in accordance with an earlier
licence) from any part of the designated area
of a relevant park for use as firewood for
domestic or camping purposes outside the
park.
25 (6) Authorisation under subclause (5) continues
in force until the date of its expiry or 30 June
2011, whichever is the earlier.
(7) In this clause--
designated area means the land delineated
30 and coloured blue on the plans lodged
in the Central Plan Office and
numbered LEGL./09-372 and
LEGL./09-373;
561341B.I-14/10/2009 9 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
earlier licence means a licence granted
under section 52 of the Forests Act
1958 that expired on or before 30 June
2009;
5 relevant park means the land described in
Part 46 or 47 of Schedule Two.
3 Grazing licences--specified parks
(1) Any licence or permit--
(a) granted under section 52 of the Forests
10 Act 1958 to graze cattle on any part of
the land described in Part 38, 46, 47, 48
or 49 of Schedule Two or Part 16 or
Part 18 of Schedule Three; and
(b) in force immediately before the
15 relevant park commencement--
subject to the provisions of the Forests Act
1958, continues in force, on and after that
commencement, until its expiry as a licence
or permit granted under that Act.
20 (2) Any licence--
(a) granted under section 130 of the Land
Act 1958 to graze cattle on any part of
the land described in Part 38, 40, 46, 48
or 49 of Schedule Two, Part 34 of
25 Schedule Two B or Part 16 or 18 of
Schedule Three; and
(b) in force immediately before the
relevant park commencement--
subject to the provisions of the Land Act
30 1958, continues in force, on and after that
commencement, until its expiry as a licence
granted under the Land Act 1958.
561341B.I-14/10/2009 10 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
(3) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable licences or permits to be
granted under that section to graze cattle on
5 any part of the land described in Part 38, 46,
47, 48 or 49 of Schedule Two or Part 16 of
Schedule Three in relation to which a licence
or permit has been continued in force under
subclause (1). Any licence or permit so
10 granted may be dealt with under section 52
of the Forests Act 1958.
(4) Despite anything to the contrary in this Act,
section 130 of the Land Act 1958 continues
to apply to enable licences to be granted
15 under that section to graze cattle on any part
of the land described in Part 38, 40, 46, 48
or 49 of Schedule Two, Part 34 of Schedule
Two B or Part 16 of Schedule Three in
relation to which a licence has been
20 continued in force under subclause (2). Any
licence so granted may be dealt with under
the Land Act 1958.
(5) A licence or permit in force under subclause
(3) or (4) is in force until the date it expires
25 or 30 September 2014, whichever is the
earlier.
4 Apiary licences and rights--specified
parks
(1) Any licence or permit--
30 (a) granted under section 52 of the Forests
Act 1958 to take honey on any part of
the land described in Part 38, 46, 47, 48
or 49 of Schedule Two or Part 11, 16
or 18 of Schedule Three; and
561341B.I-14/10/2009 11 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
(b) in force immediately before the
relevant park commencement--
subject to the provisions of the Forests Act
1958, continues in force, on and after that
5 commencement, until its expiry as a licence
or permit granted under that Act.
(2) Any licence or right--
(a) granted under section 141, 147 or 149
of the Land Act 1958 for the purpose
10 of a bee farm, a bee range area or an
apiary upon any part of the land
described in Part 38, 46, 48 or 49 of
Schedule Two or Part 17 of Schedule
Three; and
15 (b) in force immediately before the
relevant park commencement--
subject to the provisions of the Land Act
1958, continues in force, on and after that
commencement, until its expiry as a licence
20 or right granted under that Act.
5 Licences for a pump, levee bank and
cultivation--Gunbower National Park
(1) Any licence--
(a) granted under section 52 of the Forests
25 Act 1958 for the purposes of a pump,
levee bank and cultivation over any part
of the land described in Part 47 of
Schedule Two; and
(b) in force immediately before the
30 relevant park commencement--
subject to the provisions of the Forests Act
1958, continues in force, on and after that
commencement, until its expiry as a licence
granted under that Act.
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Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
(2) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable licences to be granted
under that section for the purposes of a
5 pump, levee bank and cultivation on any part
of the land described in Part 47 of Schedule
Two in relation to which a licence has been
continued in force under subclause (1).
Any licence or permit so granted may be
10 dealt with under section 52 of the Forests
Act 1958.
(3) A licence or permit in force under subclause
(2) is in force until the date it expires or
30 September 2014, whichever is the earlier.
15 6 Licences for equestrian activities--Nyah-
Vinifera Park
Any licence--
(a) granted under section 52 of the Forests
Act 1958 for the purposes of equestrian
20 activities on any part of the land
described in Part 18 of Schedule Three;
and
(b) in force immediately before the
relevant park commencement--
25 subject to the provisions of the Forests Act
1958, continues in force, on and after that
commencement, until its expiry as a licence
granted under that Act.
7 Licences to enter and use land in certain
30 parks for non-agricultural purposes
Any licence--
(a) granted under section 138 of the Land
Act 1958 to enter and use any part of
the land described in Part 46 or 48 of
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Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 18
Schedule Two or Part 16 of Schedule
Three; and
(b) in force immediately before the
relevant park commencement--
5 subject to the provisions of the Land Act
1958, continues in force, on and after that
commencement, until its expiry as a licence
granted under that Act.
8 Tour operator licences and permits
10 (1) Any relevant tour operator licence or permit
in respect of any part of the land described in
Part 46, 47 or 49 of Schedule Two that was
in force immediately before the relevant park
commencement continues in force, on and
15 after that commencement, in respect of that
land as a licence or permit under the Act
under which it was granted until it expires.
(2) In this section relevant tour operator licence
or permit means any licence or permit to
20 conduct organised tourism or recreation
business activities granted under--
(a) section 17 or 17B of the Crown Land
(Reserves) Act 1978;
(b) section 52 of the Forests Act 1958;
25 (c) section 138 of the Land Act 1958.
9 Rights to cease--reserved forest
An area of land that becomes part of a park
on the relevant park commencement and that
is delineated and coloured green or coloured
30 brown on a plan lodged in the Central Plan
Office, the number of which is set out in the
Table to this clause, ceases to be reserved
forest on that commencement.
561341B.I-14/10/2009 14 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 19
Table
N.P. 6/2, N.P. 50/3, N.P. 51/3A, N.P. 97/1,
N.P. 113, N.P. 114, N.P. 115, N.P. 116A,
N.P. 116B, N.P. 117, N.P. 119
10 Rights to cease--roads
An area of land that becomes part of a park
on the relevant park commencement and that
5 is delineated and coloured yellow on a plan
lodged in the Central Plan Office, the
number of which is set out in the Table to
this clause, ceases to be a road or part of road
or road reserve and all rights, easements and
10 privileges existing or claimed either by the
public or any body or person as incident to
the express or implied grant or past
dedication or supposed dedication or any
past user or operation of law or otherwise,
15 cease on that commencement.
Table
N.P. 6/2, N.P. 28A, N.P. 50/3, N.P. 51/3A,
N.P. 51/3B, N.P. 97/1, N.P. 113, N.P. 115,
N.P. 116A, N.P. 116B, N.P. 117, N.P. 119
__________________".
19 Amendment of Schedule Two
(1) In Part 9 of Schedule Two to the National Parks
20 Act 1975--
(a) for "480 square kilometres" substitute
"49 975 hectares";
(b) after "Colignan" insert ", Gayfield";
(c) after "Mournpoul" insert ", Nurnurnemal";
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Part 2--Amendments to the National Parks Act 1975
s. 19
(d) for "stippled grey in a plan prepared by the
Surveyor-General" substitute "coloured pink
or coloured green or coloured yellow in a
plan";
5 (e) for "N.P. 6/1" substitute "N.P. 6/2".
(2) In Part 17 of Schedule Two to the National Parks
Act 1975--
(a) for "310 square kilometres" substitute
"31 020 hectares";
10 (b) for "N.P. 28/1." substitute "N.P. 28/1 and
the land delineated and coloured pink or
coloured yellow in a plan lodged in the
Central Plan Office and numbered
N.P. 28A.".
15 (3) In Part 38 of Schedule Two to the National Parks
Act 1975--
(a) for "6330 square kilometres" substitute
"664 810 hectares";
(b) for "lands delineated and bordered red,
20 excepting from them the roads shown as
excluded, also excepting from them the land
bordered blue," substitute "land delineated
and coloured pink or coloured green or
coloured yellow";
25 (c) for "N.P. 51/2A and 51/2B" substitute
"N.P. 51/3A and N.P. 51/3B".
(4) In Part 40 of Schedule Two to the National Parks
Act 1975--
(a) for "3 880 hectares" substitute
30 "5925 hectares";
(b) for "Terrick Terrick East and Terrick Terrick
West, County of Gunbower" substitute
"Patho, Terrick Terrick East, Terrick Terrick
West, Turrumberry, Turrumberry North and
561341B.I-14/10/2009 16 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 20
Wanurp, Counties of Bendigo and
Gunbower";
(c) omit "or coloured green or coloured yellow";
(d) for "N.P. 84/2" substitute "N.P. 84/3".
5 20 Insertion of new national parks in Schedule Two
After Part 45 of Schedule Two to the National
Parks Act 1975 insert--
"PART 46--BARMAH NATIONAL PARK
All those pieces and parcels of land containing
10 28 505 hectares, more or less, situate in the
Parishes of Barmah, Cocomah, Picola,
Strathmerton, Ulupna, Yalca and Yielima, County
of Moira, being the land delineated and coloured
pink or coloured green or coloured yellow in the
15 plan lodged in the Central Plan Office and
numbered N.P. 113.
PART 47--GUNBOWER NATIONAL PARK
All those pieces and parcels of land containing
9330 hectares, more or less, situate in the Parishes
20 of Cohuna, Gunbower, Gunbower West and
Patho, County of Karkarooc, being the land
delineated and coloured pink or coloured green in
the plan lodged in the Central Plan Office and
numbered N.P. 114.
25 PART 48--LOWER GOULBURN NATIONAL
PARK
All those pieces and parcels of land containing
9310 hectares, more or less, situate in the Parishes
of Coomboona, Kaarimba, Kanyapella, Kotupna,
30 Moira, Mooroopna, Shepparton, Tallygaroopna,
Taripta, Undera, Wyuna, Counties of Moira and
Rodney, being the land delineated and coloured
561341B.I-14/10/2009 17 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 21
pink or coloured green or coloured yellow in the
plan lodged in the Central Plan Office and
numbered N.P. 115.
PART 49--WARBY-OVENS NATIONAL PARK
5 All those pieces and parcels of land containing
14 655 hectares, more or less, situate in the
Parishes of Boorhaman, Boweya, Brimin,
Bundalong, Estcourt, Glenrowen, Killawarra,
Peechelba and Taminick, Counties of Bogong and
10 Moira, being the land delineated and coloured
pink or coloured green or coloured yellow in the
plans lodged in the Central Plan Office and
numbered N.P. 116A and N.P. 116B.".
21 Amendment of Schedule Two B
15 (1) Part 3 of Schedule Two B to the National Parks
Act 1975 is repealed.
(2) Part 30 of Schedule Two B to the National Parks
Act 1975 is repealed.
(3) In Part 34 of Schedule Two B to the National
20 Parks Act 1975--
(a) for "1580 hectares" substitute
"2050 hectares";
(b) for "bordered green and coloured red"
substitute "coloured pink or coloured green
25 or coloured yellow";
(c) for "N.P. 97" substitute "N.P. 97/1".
22 Amendment of Schedule Three
In Part 11 of Schedule Three to the National
Parks Act 1975--
30 (a) for "3530 hectares" substitute
"4555 hectares";
(b) for "and Liparoo" substitute ", Liparoo and
Yelwell";
561341B.I-14/10/2009 18 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 23
(c) for "bordered red or bordered green"
substitute "coloured pink or coloured green
or coloured yellow";
(d) for "N.P. 50/2" substitute "N.P. 50/3".
5 23 Insertion of new parks in Schedule Three
After Part 15 of Schedule Three to the National
Parks Act 1975 insert--
"PART 16--GADSEN BEND PARK
All those pieces and parcels of land containing
10 1620 hectares, more or less, situate in the Parish
of Bumbang, County of Karkarooc, being the land
delineated and coloured pink or coloured green or
coloured yellow in the plan lodged in the Central
Plan Office and numbered N.P. 117.
15 PART 17--KINGS BILLABONG PARK
All those pieces and parcels of land containing
2195 hectares, more or less, situate in the Parish
of Mildura, County of Karkarooc, being the land
delineated and coloured pink in the plan lodged in
20 the Central Plan Office and numbered N.P. 118.
PART 18--NYAH-VINIFERA PARK
All those pieces and parcels of land containing
1370 hectares, more or less, situate in the Parishes
of Piangil, Tyntynder North and Tyntynder West,
25 County of Tatchera, being the land delineated and
coloured pink or coloured green or coloured
yellow in the plan lodged in the Central Plan
Office and numbered N.P. 119.".
__________________
561341B.I-14/10/2009 19 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 24
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
24 Insertion of definition--Goulburn-Murray Water
See: In section 3 of the Crown Land (Reserves) Act
Act No.
5 9212. 1978 insert--
Reprint No. 9
as at "Goulburn-Murray Water means Goulburn-
15 January
2009
Murray Rural Water Corporation constituted
and under Part 6 of the Water Act 1989;".
amending
Act Nos
64/2004,
6/2009 and
40/2009.
LawToday:
www.
legislation.
vic.gov.au
25 Power to enter into management agreements with
10 Traditional Owner Land Management Boards
At the end of section 18B of the Crown Land
(Reserves) Act 1978 insert--
"(2) The Secretary may enter into a management
agreement with a Traditional Owner Land
15 Management Board for or relating to--
(a) the management of any land, that is
reserved under this Act, that is
appointed land of that Board; or
(b) the carrying out of specified functions,
20 powers or duties in relation to the
management of any land that is
reserved under this Act, that is
appointed land of that Board.
561341B.I-14/10/2009 20 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 26
(3) In entering into a management agreement
under subsection (2), the Secretary must
have regard to any agreement entered into
under Division 5 of Part 8A of the
5 Conservation, Forests and Lands Act 1987
in relation to the land.
(4) In this section--
appointed land, in relation to a Traditional
Owner Land Management Board, has
10 the same meaning as in the
Conservation, Forests and Lands Act
1987;
Traditional Owner Land Management
Board has the same meaning as in the
15 Conservation, Forests and Lands Act
1987.".
26 Control and management of water authority
structures--Kerang and Shepparton Regional Parks
(1) For the heading to section 29G of the Crown
20 Land (Reserves) Act 1978 substitute--
"Control and management of water authority
structures etc. in specified regional parks".
(2) In section 29G(1) of the Crown Land (Reserves)
Act 1978--
25 (a) after "any structures and installations" insert
"or any drainage basins";
(b) after "Division 1" insert ", Division 2A".
(3) In section 29G(1) of the Crown Land (Reserves)
Act 1978, for "or Division 3" substitute
30 ", Division 3, Division 4 or Division 5".
561341B.I-14/10/2009 21 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 27
27 Works under water licences
After section 29H of the Crown Land (Reserves)
Act 1978 insert--
"29HA Works under water licences--Murray
5 River Park
(1) A licence under section 51 or 67 of the
Water Act 1989 that authorises the
construction, installation, operation,
alteration, removal or decommissioning of
10 works on any of the land in the Murray River
Park must not be issued except with the
consent of the Minister and subject to any
conditions the Minister thinks fit to impose.
(2) In this section, Murray River Park means
15 the land described in Division 2A of Part 4A
of the Fifth Schedule.".
28 Insertion of new sections 29IA, 29IB and 29IC
After section 29I of the Crown Land (Reserves)
Act 1978 insert--
20 "29IA Works under water licences--Kerang and
Shepparton Regional Parks
A licence under section 51 or 67 of the
Water Act 1989 that authorises the
construction, installation, operation,
25 alteration, removal or decommissioning of
works on any part of the land described in
Divisions 4 and 5 of Part 4A of the Fifth
Schedule must not be issued except with the
consent of the Minister and subject to any
30 conditions the Minister thinks fit to impose.
29IB Permits to cut and take away forest
produce--Shepparton Regional Park
(1) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
35 to apply to enable permits to be granted
561341B.I-14/10/2009 22 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 28
under that section to cut and take away forest
produce from any part of the land described
in Division 5 of Part 4A of the Fifth
Schedule for use as firewood for domestic or
5 camping purposes outside the park. Any
permit so granted may be dealt with under
section 52 of the Forests Act 1958.
(2) The Secretary may cut and take away, or
authorise to be cut and taken away on behalf
10 of the Secretary, forest produce from any
part of the land described in Division 5 of
Part 4A of the Fifth Schedule for use as
firewood for domestic or camping purposes
outside the park.
15 29IC Grazing licences--Kerang and
Shepparton Regional Parks
(1) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to enable licences or permits to be
20 granted under that section to graze cattle on
any part of the land described in Division 4
or 5 of Part 4A of the Fifth Schedule in
relation to which a licence or permit has
been continued in force under section 63E.
25 Any licence or permit so granted may be
dealt with under section 52 of the Forests
Act 1958.
(2) Despite anything to the contrary in this Act,
section 130 of the Land Act 1958 continues
30 to apply to enable licences to be granted
under that section to graze cattle on any part
of the land described in Division 4 or 5 of
Part 4A of the Fifth Schedule in relation to
which a licence has been continued in force
35 under section 63E. Any licence so granted
may be dealt with under section 130 of the
Land Act 1958.
561341B.I-14/10/2009 23 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 29
(3) A licence or permit in force under subsection
(1) or (2) is in force until the date it expires
or 30 September 2014, whichever is the
earlier.".
5 29 Purposes for land in Part 4A of the Fifth Schedule
At the end of section 47B of the Crown Land
(Reserves) Act 1978 insert--
"(2) In relation to the land shown delineated and
stippled on a plan referred to in Division 2A
10 of Part 4A of the Fifth Schedule, the
purposes set out in subsection (1) are in
addition to the purposes for which the land
was reserved immediately before the
publication of the Order under
15 section 47BA(3).".
30 Insertion of new section 47BA
After section 47B of the Crown Land (Reserves)
Act 1978 insert--
"47BA Murray River Park
20 (1) The Minister may recommend to the
Governor in Council that--
(a) any part of the land shown delineated
and coloured pink on the plans lodged
in the Central Plan Office and
25 numbered LEGL./09-320 to
LEGL./09-371 (inclusive); and
(b) any land that is adjoining the land
shown delineated and coloured pink on
the plans or within close proximity of
30 or adjoining the land shown delineated
and coloured pink on the plans--
that is reasonably required for the purposes
of a regional park, be a regional park to be
known as the Murray River Park.
561341B.I-14/10/2009 24 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 30
(2) The Minister may make a recommendation
under subsection (1) on--
(a) receiving plans of land signed by the
Surveyor-General; and
5 (b) being satisfied that the land delineated
and coloured pink or coloured yellow
on the plans represents land that is
reasonably required for the purposes of
a regional park.
10 (3) On receiving a recommendation of the
Minister under subsection (1), the Governor
in Council may, by Order published in the
Government Gazette, declare the land
delineated and coloured pink or coloured
15 yellow on the plans to be a regional park to
be known as the Murray River Park.
(4) On the publication of the Order under
subsection (3), the land declared under
subsection (3) to be the regional park, known
20 as the Murray River Park, is taken to be
permanently reserved under section 4 for the
public purposes specified in section
47B(1)(a), (b) and (c).
(5) On the publication of the Order under
25 subsection (3), any land delineated and
coloured orange on the plans referred to in
that Order is taken to be reserved forest
within the meaning of the Forests Act
1958.".
561341B.I-14/10/2009 25 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
31 Insertion of new Division 5A of Part 6
After Division 5 of Part 6 of the Crown Land
(Reserves) Act 1978 insert--
"Division 5A--Further transitional
5 provisions--2009 River Red Gums Act
63 Definitions
In this Division--
2009 River Red Gums Act means the Parks
and Crown Land Legislation
10 Amendment (River Red Gums) Act
2009;
Murray River Park means the land
described in Division 2A of Part 4A of
the Fifth Schedule;
15 relevant reserve commencement, in relation
to an area of land described in the Fifth
Schedule, the description of which is
inserted or amended by a provision of
the 2009 River Red Gums Act, means
20 the commencement of the provision of
the 2009 River Red Gums Act that so
inserts or amends the description.
63A Transitional provision--Murray River
Park
25 (1) On the publication of the Order under
section 47BA(3)--
(a) any reservation, under this or any other
Act, of an area of land shown
delineated and coloured pink or
30 coloured yellow on a plan referred to in
the Order, being a reservation that was
in force immediately before publication
of the Order is revoked in so far as the
561341B.I-14/10/2009 26 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
reservation is not of land shown
stippled on the plan; and
(b) the land delineated and coloured pink
or coloured yellow or coloured orange
5 on the plans referred to in the Order is
deemed to be freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
10 (c) any regulations made under section 13
of this Act that applied to any area of
land delineated and coloured pink or
coloured yellow or coloured orange on
the plans immediately before the
15 publication of the Order (other than any
such regulations applying to land
shown hatched on the plans) are
revoked in so far as they apply to the
land; and
20 (d) any land delineated and coloured
yellow on any of the plans referred to in
that Order that was a road or part of a
road or road reserve, ceases to be a road
or part of a road or road reserve and all
25 rights, easements and privileges
existing or claimed, either by the public
or any body or person as incident to any
express or implied grant, or past
dedication or supposed dedication or
30 any past user or operation of law or
otherwise, cease; and
(e) despite anything to the contrary in this
Act, any relevant authority over any
part of the land delineated and coloured
35 pink or coloured yellow or coloured
orange on the plans referred to in the
Order that is in force immediately
561341B.I-14/10/2009 27 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
before that commencement continues in
force subject to its terms and
conditions; and
(f) a committee of management appointed
5 under this Act in respect of land
delineated and shown hatched on a plan
referred to in the Order is taken to
continue in existence as the committee
of management for the land, subject to
10 this Act.
(2) In this section a reference to a relevant
authority is a reference to a lease, licence,
permit or other authority under the Forests
Act 1958, the Geothermal Energy
15 Resources Act 2005, the Land Act 1958,
the Mineral Resources (Sustainable
Development) Act 1990, the Petroleum Act
1998, the Water Act 1989 or this Act.
63B Permits to cut and take away forest
20 produce--Murray River Park
(1) Despite the publication of the Order under
section 47BA(3) and anything to the contrary
in this Act, section 52 of the Forests Act
1958 continues to apply on and after the
25 publication of the Order to enable permits to
be granted under that section to cut and take
away forest produce in the Murray River
Park for use as firewood for domestic
or camping purposes outside the park.
30 Any permit so granted may be dealt with
under that section.
(2) The Secretary may cut and take away, or
authorise to be cut and taken away on behalf
of the Secretary, forest produce from any
35 part of the land described in the Murray
River Park for use as firewood for domestic
or camping purposes outside the park.
561341B.I-14/10/2009 28 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
63C Grazing licences--Murray River Park
(1) Despite the publication of the Order under
section 47BA(3) and anything to the contrary
in this Act, section 52 of the Forests Act
5 1958 continues to apply on and after the
publication of the Order to enable licences or
permits to be granted under that section to
graze cattle on any part of the land in the
Murray River Park in relation to which a
10 licence or permit has been continued in force
under section 63A(1). Any licence or permit
so granted may be dealt with under
section 52 of the Forests Act 1958.
(2) Despite anything to the contrary in this Act,
15 section 130 of the Land Act 1958 continues
to apply to enable licences to be granted
under that section to graze cattle on any part
of the land in the Murray River Park in
relation to which a licence has been
20 continued in force under section 63A(1).
Any licence so granted may be dealt with
under that section.
(3) A licence or permit in force under subsection
(1) or (2) is in force until the date it expires
25 or 30 September 2014, whichever is the
earlier.
63D Land to become part of park on surrender
to the Crown--Kerang Regional Park
If the land shown hatched on the plan lodged
30 in the Central Plan Office and numbered
LEGL./09-318 is not surrendered to the
Crown before the relevant reserve
commencement, that land is taken not to be
part of the park described in Division 4 of
35 Part 4A of the Fifth Schedule until the title to
the land is surrendered to the Crown.
561341B.I-14/10/2009 29 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 31
63E Savings of licences and other authorities
Despite anything to the contrary in this Act,
any licence, permit or other authority over
any part of the land described in Division 4
5 or 5 of Part 4A of the Fifth Schedule that
was granted or issued under this Act, the
Forests Act 1958, the Geothermal Energy
Resources Act 2005, the Land Act 1958,
the Mineral Resources (Sustainable
10 Development) Act 1990, the Petroleum Act
1998 or the Water Act 1989 and that was in
force immediately before the relevant reserve
commencement continues in force on and
after that commencement, subject to its terms
15 and conditions and the provisions of the Act
under which it was granted or issued.
63F Revocation of reservations, regulations
and other interests
On the relevant reserve commencement--
20 (a) any reservation, under this or any other
Act, over any part of the land described
in Division 4 or 5 of Part 4A of the
Fifth Schedule that was in force
immediately before that
25 commencement is revoked; and
(b) any regulations made under section 13
of this Act that applied to the land
immediately before that
commencement are revoked in so far as
30 they apply to the land; and
561341B.I-14/10/2009 30 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 32
(c) subject to section 63E, the land is taken
to be freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
5 interests in or applying to any part of
the land immediately before that
commencement; and
(d) any part of the land shown delineated
and coloured blue on the plan lodged in
10 the Central Plan Office and numbered
LEGL./09-318 which immediately
before that commencement was vested
in Goulburn-Murray Water is divested
from Goulburn-Murray Water; and
15 (e) the lands delineated and coloured
yellow on the plans lodged in the
Central Plan Office and numbered
LEGL./09-388 and LEGL./09-389
cease to be roads or parts of roads or
20 road reserves and all rights, easements
and privileges existing or claimed,
either by the public or any body or
person as incident to any express or
implied grant or past dedication or
25 supposed dedication or any past user or
operation of law or otherwise, cease.".
32 Insertion of new regional parks
(1) After Division 2 of Part 4A of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
30 insert--
"Division 2A--Murray River Park
The land delineated and coloured pink or coloured
yellow on the plans referred to in the Order under
section 47BA(3).".
561341B.I-14/10/2009 31 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 32
(2) After Division 3 of Part 4A of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
insert--
"Division 4--Kerang Regional Park
5 The land delineated and coloured pink or coloured
blue on the plan lodged in the Central Plan Office
and numbered LEGL./09-318.
Division 5--Shepparton Regional Park
The land delineated and coloured pink or coloured
10 yellow on the plans lodged in the Central Plan
Office and numbered LEGL./09-388 and
LEGL./09-389.".
__________________
561341B.I-14/10/2009 32 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 4--Amendments to the Forests Act 1958
s. 33
PART 4--AMENDMENTS TO THE FORESTS ACT 1958
33 Definitions
Insert the following definitions in section 3(1) of See:
Act No.
the Forests Act 1958-- 6254.
Reprint No. 9
5 "campfire or barbeque means a fire lit or kindled as at
18 May 2006
for the purpose of preparing meals or and
providing personal comfort, and includes a amending
Act Nos
fire lit or kindled in an appliance designed 60/2005,
and manufactured for cooking or heating; 24/2006,
63/2006,
10 liquid fuel, gaseous fuel or chemical solid fuel 58/2007,
54/2008,
includes any manufactured fuel which can be 6/2009,
ignited; 40/2009 and
45/2009.
solid fuel includes-- LawToday:
www.
legislation.
(a) vegetation, wood, coal, coke; vic.gov.au
15 (b) manufactured solid combustible
material made from vegetation, wood,
coal or coke, including but not limited
to, paper, cardboard, sawdust or coal or
coke by-products;".
20 34 New section inserted after section 27A
After section 27A of the Forests Act 1958
insert--
"28 Power to enter into management
agreements with Traditional Owner Land
25 Management Boards
(1) The Secretary may enter into a management
agreement with a Traditional Owner Land
Management Board for or relating to--
(a) the management of any land that is
30 reserved forest and that is appointed
land of that Board; or
561341B.I-14/10/2009 33 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 4--Amendments to the Forests Act 1958
s. 35
(b) for the carrying out of specified
functions, powers or duties in relation
to the management of any land that is
reserved forest and that is appointed
5 land of that Board.
(2) In entering into a management agreement
under subsection (1), the Secretary must
have regard to any agreement entered into
under Division 5 of Part 8A of the
10 Conservation, Forests and Lands Act 1987
in relation to the land.
(3) In this section--
appointed land, in relation to a Traditional
Owner Land Management Board, has
15 the same meaning as in the
Conservation, Forests and Lands Act
1987;
Traditional Owner Land Management
Board has the same meaning as in the
20 Conservation, Forests and Lands Act
1987.".
35 New section inserted after section 52
After section 52 of the Forests Act 1958 insert--
"52A Arrangements to issue permits
25 (1) The Minister may, in writing, enter into an
arrangement for a person to issue permits
under section 52, on behalf of the Minister,
to cut and take away forest produce for the
purpose of domestic use for firewood.
30 (2) An arrangement under subsection (1) is
subject to any terms and conditions specified
in the arrangement.".
561341B.I-14/10/2009 34 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 4--Amendments to the Forests Act 1958
s. 36
36 New sections inserted after section 66
After section 66 of the Forests Act 1958 insert--
"66A Offence to leave certain campfires or
barbeques unattended
5 (1) The person in charge of a campfire or
barbeque using solid fuel and that is in the
open air in a regulated fire area must not--
(a) be outside the line of sight of the
campfire or barbeque; or
10 (b) be more than 50 metres from the
perimeter of the campfire or barbeque.
Penalty: 100 penalty units.
(2) In this section and in sections 66B and 66C,
regulated fire area means any State forest,
15 protected public land or national park.
66B Offences as to having clear areas around
certain campfires or barbeques
(1) A person must not light, kindle or maintain a
campfire or barbeque, that uses solid fuel
20 and that is in the open air in a regulated fire
area, unless the ground and airspace within a
distance of 3 metres from the outer perimeter
and uppermost point of the fire are clear of
flammable material.
25 Penalty: 100 penalty units.
(2) A person must not light, kindle or maintain a
campfire or barbeque, that uses liquid fuel,
gaseous fuel or chemical solid fuel and that
is in the open air in a regulated fire area,
30 unless the ground and airspace within a
distance of 1.5 metres from the outer
perimeter and uppermost point of the fire are
clear of flammable material.
Penalty: 100 penalty units.
561341B.I-14/10/2009 35 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 4--Amendments to the Forests Act 1958
s. 36
66C Offence as to campfires or barbeques
above a certain size
(1) A person must not light, kindle or maintain a
campfire or barbeque, that uses solid fuel
5 and that is in the open air in a regulated fire
area, if--
(a) the area of the campfire or barbeque is
more than one square metre in any
direction; or
10 (b) a dimension of any piece of the solid
fuel that is being used in the campfire
or barbeque is more than one metre--
unless the person is authorised to do so in
writing by an authorised officer.
15 Penalty: 100 penalty units.
(2) An authorised officer may give an
authorisation in writing for the purpose of
subsection (1).".
__________________
561341B.I-14/10/2009 36 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 37
PART 5--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987
37 Definitions
Insert the following definitions in section 3(1) of See:
Act No.
5 the Conservation, Forests and Lands Act 41/1987.
1987-- Reprint No. 7
as at
29 February
"Central Plan Office means the Central Plan 2008
Office of the Department of Sustainability and
amending
and Environment; Act Nos
12/2008,
10 Traditional Owner Land Management Board 4/2009, 6/2009
means a Board established under Part 8A;". and 40/2009.
LawToday:
www.
legislation.
vic.gov.au
38 New Part 8A inserted
After Part 8 of the Conservation, Forests and
Lands Act 1987 insert--
15 "PART 8A--TRADITIONAL OWNER LAND
MANAGEMENT BOARDS
Division 1--Definitions
82A Definitions
In this Part--
20 appointed land, in relation to a Traditional
Owner Land Management Board,
means the public land in relation to
which the Board is appointed under this
Part;
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Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
public land means the following--
(a) land under the Crown Land
(Reserves) Act 1978 other than
land for which a committee of
5 management is appointed;
(b) land in any park within the
meaning of the National Parks
Act 1975;
(c) reserved forest within the meaning
10 of the Forests Act 1958;
(d) unreserved Crown land under the
Land Act 1958;
(e) land in any State Wildlife Reserve
or Nature Reserve, within the
15 meaning of the Wildlife Act
1975;
relevant land Minister, in relation to Crown
land, means the Minister administering
the Act under which the land is
20 managed;
traditional owner group, in relation to land,
means a group of persons who--
(a) hold native title within the
meaning of the Native Title Act
25 1993 of the Commonwealth over
the land; or
(b) are recognised by the Attorney-
General by notice published in the
Government Gazette as the
30 traditional owners of the land
based on Aboriginal traditional
and cultural associations to the
land;
561341B.I-14/10/2009 38 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
traditional owner group entity means a
corporation within the meaning of the
Corporations (Aboriginal and Torres
Strait Islander) Act 2006 of the
5 Commonwealth or the Native Title Act
1993 of the Commonwealth.
Division 2--Constitution of Traditional Owner
Land Management Boards
82B Power of Minister to establish Traditional
10 Owner Land Management Board
(1) The Minister, by determination, may
establish a Traditional Owner Land
Management Board for any public land.
(2) Before establishing a Board under subsection
15 (1), if the Minister is not the relevant land
Minister for the public land, the Minister
must obtain the consent of the relevant land
Minister.
(3) In establishing a Board under subsection (1),
20 the Minister must have regard to any
agreement entered into under Division 5.
(4) A determination under subsection (1) must
be published in the Government Gazette and
has effect on its publication.
25 (5) A determination under subsection (1) must--
(a) specify the land in relation to which the
Board is appointed; and
(b) describe the role that the Board is to
undertake in relation to the land; and
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Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
(c) describe the functions, powers and
duties that the Board is to have under
this or any other Act.
Note
5 Functions, powers and duties that the Board is to have may
be those conferred by way of agreement under the Crown
Land (Reserves) Act 1978, the National Parks Act 1975,
the Forests Act 1958, the Land Act 1958 or the Wildlife
Act 1975 or those delegated to the Board under this Part.
10 82C Status of Traditional Owner Land
Management Boards
(1) A Traditional Owner Land Management
Board--
(a) is a body corporate with perpetual
15 succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of
personal property, and may acquire,
20 hold and dispose of leases or subleases
in real property; and
(e) may do and suffer all acts and things
that a body corporate may, by law, do
and suffer.
25 (2) All courts must take judicial notice of the
seal of a Traditional Owner Land
Management Board affixed to a document
and, until the contrary is proved, must
presume that it was duly affixed.
30 (3) The official seal of a Traditional Owner
Land Management Board must be kept in
that custody that the Board directs and must
not be used except as authorised by the
Board.
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Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
82D Application of Public Administration
Act 2004
The Public Administration Act 2004
applies to any Traditional Owner Land
5 Management Board as if that Board were a
public entity, but not a small entity, within
the meaning of that Act, established on or
after the commencement of Part 5 of that
Act.
10 82E Objective of Traditional Owner Land
Management Boards
A Traditional Owner Land Management
Board is established with the objective of
enabling the knowledge and culture of the
15 traditional owner group of the appointed land
to be recognised in the management of the
land.
82F Variation of role etc. of Traditional
Owner Land Management Board
20 (1) The Minister may, by determination--
(a) vary the public land in relation to
which, under section 82B(5)(a), a
Traditional Owner Land Management
Board is appointed;
25 (b) vary the description of the role that the
Board is to undertake in relation to the
land;
(c) vary the description of the functions,
powers and duties that the Board is to
30 have under this or any other Act.
(2) Before making a variation under subsection
(1), if the Minister is not the relevant land
Minister for the public land, the Minister
must obtain the consent of the relevant land
35 Minister.
561341B.I-14/10/2009 41 BILL LA INTRODUCTION 14/10/2009
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Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
(3) In making a variation under subsection (1)
the Minister must have regard to any
agreement entered into under Division 5.
(4) A determination under this section must be
5 published in the Government Gazette and
has effect on being published in the
Government Gazette.
82G Abolition of Traditional Owner Land
Management Board
10 (1) The Minister may, by determination, abolish
a Traditional Owner Land Management
Board.
(2) The Minister must not abolish a Board under
subsection (1) unless the Minister has first
15 consulted with the traditional owner group
entity of the appointed land.
(3) Before abolishing a Board under subsection
(1), if the Minister is not the relevant land
Minister for any of the appointed land, the
20 Minister must consult with the relevant land
Minister.
(4) In abolishing a Board under subsection (1)
the Minister must have regard to any
agreement entered into under Division 5.
25 (5) A determination under this subsection must
be published in the Government Gazette and
has effect on being published in the
Government Gazette.
(6) Schedule 4 has effect with respect to any
30 determination under this section.
561341B.I-14/10/2009 42 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
Division 3--Functions, powers and duties of
Traditional Owner Land Management Boards
82H Functions of Traditional Owner Land
Management Boards
5 A Traditional Owner Land Management
Board has the following management
functions in respect of the appointed land--
(a) those management functions that are
conferred on the Board by agreement
10 under the Act under which the
appointed land for the Board is
managed;
(b) those management functions that are
delegated to the Board by a person or
15 body who has those management
functions in relation to the appointed
land of the Board.
82I Powers and duties of Traditional Owner
Land Management Boards
20 (1) A Traditional Owner Land Management
Board--
(a) if so specified by the Minister in a
determination under this Part, may do
the following in accordance with any
25 specification of the Minister in the
determination--
(i) employ staff, including an
executive officer to be responsible
to the Board for implementing the
30 decisions of the Board;
(ii) enter into an arrangement or
agreement with another person or
body for the carrying out of any of
its functions or duties;
561341B.I-14/10/2009 43 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
(iii) subject to this Part, carry out
works on the appointed land;
(iv) delegate any of its functions,
powers or duties to a member of
5 the Board or an employee of the
Board;
(b) may act as a delegate or agent of a
person or body who has management
functions, powers or duties in relation
10 to the appointed land, when so
appointed by that person or body;
(c) may do all things that are necessary and
convenient to be done for or in
connection with carrying out its
15 functions, powers or duties.
(2) A Traditional Owner Land Management
Board has the duties that are conferred on the
Board, by agreement, or by or under this or
any other Act, or are delegated to the Board.
20 82J Functions, powers and duties to be carried
out in accordance with relevant Act
Any function, power or duty that a
Traditional Owner Land Management Board
has is subject to the provisions of the Act
25 under which the appointed land is managed.
Division 4--Description, membership and
procedure
82K Title
The Minister must specify the name of a
30 Traditional Owner Land Management Board
in the determination that establishes the
Board.
561341B.I-14/10/2009 44 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
82L Membership
In the determination establishing a
Traditional Owner Land Management Board
the Minister must specify--
5 (a) the number of positions of membership
of the Board; and
(b) the method of appointment of the
chairperson and deputy chairperson;
and
10 (c) the terms and conditions of individuals
occupying positions of membership.
82M Appointment and dismissal of members
(1) The members of the Board are appointed by
the Minister by determination published in
15 the Government Gazette.
(2) A member of the Board may be dismissed by
the Minister by determination published in
the Government Gazette.
(3) In making appointments under this section,
20 the Minister must ensure--
(a) that a majority of the positions of
membership are occupied by persons
nominated by the traditional owner
group entity of the appointed land; and
25 (b) that the members of the Board have the
qualifications, attributes, skills and
experience that are relevant to the
operations of the Board.
(4) In dismissing a member of the Board under
30 this section, the Minister must have regard to
any agreement entered into under Division 5.
561341B.I-14/10/2009 45 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
82N Cessation of office of members
A member of the Board ceases to hold the
office of member if the member--
(a) resigns in writing addressed to the
5 Minister; or
(b) dies; or
(c) is dismissed by the Minister in
accordance with section 82M(2); or
(d) is absent from three consecutive
10 meetings without approval of the Board
to be so absent; or
(e) becomes an insolvent under
administration; or
(f) is convicted of an indictable offence.
15 82O Procedures
In the determination establishing a
Traditional Owner Land Management Board
the Minister must specify the following
matters in relation to the procedures of the
20 Board--
(a) voting rights of the chairperson, deputy
chairperson and members of the Board;
and
(b) any other matters as to the procedure
25 and conduct of meetings and
proceedings of the Board that the
Minister considers necessary.
561341B.I-14/10/2009 46 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
Division 5--Agreements as to Traditional
Owner Land Management Boards
82P Agreements as to the establishment etc. of
Traditional Owner Land Management
5 Boards
(1) The Minister may enter into an agreement
with a traditional owner group entity for any
public land or with any other relevant person
for the purpose of facilitating any proposal--
10 (a) to establish a Traditional Owner Land
Management Board for an area of
public land; or
(b) to vary the management functions,
powers or duties of a Traditional Owner
15 Land Management Board in relation to
the land.
(2) Before entering into an agreement under
subsection (1), if the Minister is not the
relevant land Minister for any of the public
20 land that is the subject of the agreement, the
Minister must obtain the consent of the
relevant land Minister.
(3) An agreement under subsection (1) may deal
with any matters that are related or incidental
25 to the establishment or operation of a
Traditional Owner Land Management Board.
Division 6--General
82Q Delegations to or in relation to Traditional
Owner Land Management Boards
30 (1) Where appointed land of a Traditional
Owner Land Management Board is land
under the Crown Land (Reserves) Act
1978, the Forests Act 1958, the Land Act
1958, the National Parks Act 1975 or the
561341B.I-14/10/2009 47 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 5--Amendments to the Conservation, Forests and Lands Act 1987
s. 38
Wildlife Act 1975, the relevant land
Minister for the Act may, by instrument,
delegate any of the Minister's functions,
powers or duties under the Act to the Board
5 or an employee of the Board for the purpose
of the performance or exercise by the Board
or employee of that function, power or duty
in managing the land.
(2) Where appointed land of a Traditional
10 Owner Land Management Board is land
under the Crown Land (Reserves) Act
1978, the Forests Act 1958, the Land Act
1958, the National Parks Act 1975 or the
Wildlife Act 1975, the Secretary may, by
15 instrument under seal, delegate any of the
Secretary's functions, powers or duties under
the Act to the Board or an employee of the
Board for the purpose of the performance or
exercise by the Board or employee of that
20 function, power or duty in managing the
land.
82R Describing land in determinations
Without limiting the use of any other means
to describe land, a determination under this
25 Part may describe land by reference to a plan
signed by the Surveyor-General attached to
the determination or lodged in the Central
Plan Office.
__________________".
__________________
561341B.I-14/10/2009 48 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 6--Insertion of new Schedule in the Conservation, Forests and Lands
s. 39
Act 1987
PART 6--INSERTION OF NEW SCHEDULE IN THE
CONSERVATION, FORESTS AND LANDS ACT 1987
39 Insertion of new Schedule 4
After Schedule 3 to the Conservation, Forests
5 and Lands Act 1987 insert--
"SCHEDULE 4
TRANSITIONAL PROVISIONS APPLYING ON
ABOLITION OF TRADITIONAL OWNER LAND
MANAGEMENT BOARDS
10 1 Definitions
In this Schedule--
old board means a Traditional Owner Land
Management Board that is being
abolished under a determination of the
15 Minister under section 82G.
2 Transfer of assets etc. on abolition
On the making of a determination under
section 82G--
(a) any rights, property and assets of the
20 old board that are specified in the
determination are taken to be vested in
the Secretary; and
(b) any debts, liabilities and obligations of
the old board arising out of any vesting
25 under paragraph (a) are deemed to be
the debts, liabilities and obligations of
the Secretary; and
561341B.I-14/10/2009 49 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 6--Insertion of new Schedule in the Conservation, Forests and Lands
s. 39
Act 1987
(c) the Secretary is substituted as a party to
any arrangement or contract entered
into by or on behalf of the old board
arising out of any vesting under
5 paragraph (a).
3 Amendment of Register
The Registrar of Titles must make any
recordings in or amendments to the Register
under the Transfer of Land Act 1958 that
10 are necessary because of the operation of this
Schedule.".
__________________
561341B.I-14/10/2009 50 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 7--Amendment of the Land Act 1958
s. 40
PART 7--AMENDMENT OF THE LAND ACT 1958
40 New section inserted after section 4A
After section 4A of the Land Act 1958 insert-- See:
Act No.
6284.
"4B Power to enter into management Reprint No. 11
5 agreements with Traditional Owner Land as at
19 August
Management Boards 2004
and
(1) The Secretary may enter into a management amending
agreement with a Traditional Owner Land Act Nos
63/2006,
Management Board for or relating to-- 85/2006,
12/2008,
10 (a) the management of any unreserved 4/2009 and
Crown land under this Act that is 40/2009.
LawToday:
appointed land of that Board; or www.
legislation.
(b) the carrying out of specified functions, vic.gov.au
powers or duties in relation to the
15 management of any unreserved Crown
land under this Act, that is appointed
land of that Board.
(2) In entering into a management agreement
under subsection (1), the Secretary must
20 have regard to any agreement entered into
under Division 5 of Part 8A of the
Conservation, Forests and Lands Act 1987
in relation to the land.
(3) In this section--
25 appointed land, in relation to a Traditional
Owner Land Management Board, has
the same meaning as in the
Conservation, Forests and Lands Act
1987;
561341B.I-14/10/2009 51 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 7--Amendment of the Land Act 1958
s. 40
Traditional Owner Land Management
Board has the same meaning as in the
Conservation, Forests and Lands Act
1987.".
__________________
561341B.I-14/10/2009 52 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 8--Amendment of the Wildlife Act 1975
s. 41
PART 8--AMENDMENT OF THE WILDLIFE ACT 1975
41 New section inserted after section 18
After section 18 of the Wildlife Act 1975 See:
Act No.
insert-- 8699.
Reprint No. 8
5 "18A Power to enter into management as at
29 February
agreements with Traditional Owner Land 2008
Management Boards and
amending
(1) The Secretary may enter into a management Act Nos
16/2004,
agreement with a Traditional Owner Land 45/2008 and
10 Management Board for or relating to-- 40/2009.
LawToday:
(a) the management of any land in a State www.
legislation.
Wildlife Reserve or Nature Reserve vic.gov.au
that is appointed land of that Board; or
(b) the carrying out of specified functions,
15 powers or duties in relation to the
management of any land in a State
Wildlife Reserve or Nature Reserve
that is appointed land of that Board.
(2) In entering into a management agreement
20 under subsection (1), the Secretary must
have regard to any agreement entered into
under Division 5 of Part 8A of the
Conservation, Forests and Lands Act 1987
in relation to the land.
25 (3) In this section--
appointed land, in relation to a Traditional
Owner Land Management Board, has
the same meaning as in the
Conservation, Forests and Lands Act
30 1987;
561341B.I-14/10/2009 53 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 8--Amendment of the Wildlife Act 1975
s. 41
Traditional Owner Land Management
Board has the same meaning as in the
Conservation, Forests and Lands Act
1987.".
__________________
561341B.I-14/10/2009 54 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 9--Amendment to the Mineral Resources (Sustainable Development)
s. 42
Act 1990
PART 9--AMENDMENT TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
42 Definition of restricted Crown land
(1) In clause 1 of Schedule 3 to the Mineral See:
Act No.
5 Resources (Sustainable Development) Act 92/1990.
1990-- Reprint No. 7
as at
9 February
(a) in subclause (e), after "wildlife reserves" 2007
insert "or wildlife areas"; and
amending
(b) in subclause (f), for "natural features and Act Nos
16/2006,
10 scenic reserves (including caves and 63/2006,
geological reserves)" substitute "natural 25/2008,
54/2008 and
features reserves, scenic reserves, cave 6/2009.
reserves, geological reserves or natural LawToday:
www.
features and scenic reserves". legislation.
vic.gov.au
15 (2) In clause 1(j) of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
omit "(including River Murray Reserve)".
(3) After clause 4A of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
20 insert--
"4AB. Any land described in Division 2A of
Part 4A of the Fifth Schedule to the Crown
Land (Reserves) Act 1978.".
(4) After clause 4B of Schedule 3 to the Mineral
25 Resources (Sustainable Development) Act 1990
insert--
"4BA. Any land described in Divisions 4 and 5 of
Part 4A of the Fifth Schedule to the Crown
Land (Reserves) Act 1978.".
__________________
561341B.I-14/10/2009 55 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Part 10--Repeal of Amending Act
s. 43
PART 10--REPEAL OF AMENDING ACT
43 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561341B.I-14/10/2009 56 BILL LA INTRODUCTION 14/10/2009
Parks and Crown Land Legislation Amendment (River Red Gums) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561341B.I-14/10/2009 57 BILL LA INTRODUCTION 14/10/2009
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