CROWN LAND (RESERVES) ACT 1978 - SECOND SCHEDULE
CROWN LAND (RESERVES) ACT 1978 - SECOND SCHEDULE
Second Schedule––Transitional provisions
Sch. 2 Pt 1 (Heading and cl. 1) amended by No. 51/2016 s. 13(a), repealed by No. 40/2020 s. 21.
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Sch. 2 Pt 2 (Heading and cls 2–4) amended by No. 7/2012 s. 21, repealed by No. 40/2020 s. 22.
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Sch. 2 Pt 3 (Heading and cl. 5) repealed by No. 51/2016 s. 13(b).
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Sch. 2 Pt 4 (Heading and cls 6–8) inserted by No. 7/2012 s. 22, amended by No. 51/2016 s. 13(c), repealed by No. 40/2020 s. 23.
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Sch. 2 Pt 5 (Heading and cls 9–12) inserted by No. 12/2016 s. 4.
Sch. 2 cl. 9 inserted by No. 12/2016 s. 4.
9 Definitions
In this Part—
Sch. 2 cl. 9 def. of Canadian Regional Park repealed by No. 40/2020 s. 24.
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Sch. 2 cl. 9 def. of Hepburn Regional Park repealed by No. 40/2020 s. 24.
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"Kerang State Wildlife Reserve" means the area of land described in Division 4 of Part 5 of the Fifth Schedule.
Sch. 2 cl. 10 inserted by No. 12/2016 s. 4, repealed by No. 40/2020 s. 25.
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Sch. 2 cl. 11 inserted by No. 12/2016 s. 4, repealed by No. 40/2020 s. 26.
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Sch. 2 cl. 12 inserted by No. 12/2016 s. 4.
12 Revocation of reservations, regulations and other interests—Kerang State Wildlife Reserve
(1) On the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 —
(a) any reservation under this or any other Act over the whole or a part of the Kerang State Wildlife Reserve that is in force immediately before that commencement is revoked; and
(b) the appointment of any committee of management of the whole or a part of the Kerang State Wildlife Reserve is revoked to the extent that it relates to that land immediately before that commencement; and
(c) any regulations made under section 13 that apply to the whole or a part of the Kerang State Wildlife Reserve immediately before that commencement are revoked to the extent that they apply to that land; and
(d) subject to subclause (2), the Kerang State Wildlife Reserve is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of the land immediately before that commencement; and
(e) for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-241—
(i) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and
(ii) all rights, easements and 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, in relation to the land delineated and coloured yellow on the plan cease.
(2) Despite anything to the contrary in this Act—
(a) any licence, permit or other authority over any part of the Kerang State Wildlife Reserve that was granted or issued under this Act, the Forests Act 1958 , the Land Act 1958 or the Water Act 1989 , and that is in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—
(i) its terms and conditions; and
(ii) the provisions of the Act under which it was granted or issued; and
(b) the Water Corporation may continue to discharge treated wastewater within the Kerang State Wildlife Reserve if the discharge occurs—
(i) under and in accordance with the licence in relation to that part of the Reserve known as Fosters Swamp, that was issued to the Water Corporation under section 20 of the Environment Protection Act 1970 on 11 August 2009 and amended on 21 November 2013 and 22 July 2015 and as in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 , subject to the terms and conditions of that licence; or
(ii) under and in accordance with any other licence in relation to that part of the Reserve known as Fosters Swamp, issued to the Water Corporation under section 20 of the Environment Protection Act 1970 before, on or after the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 and as amended from time to time, subject to any terms and conditions of that licence.
(3) The Kerang State Wildlife Reserve is taken to be classified as a State Game Reserve pursuant to an Order of the Governor in Council under section 15(2) of the Wildlife Act 1975 .
(4) In this clause—
"Water Corporation" means the Lower Murray Urban and Rural Water Corporation established under Division 1 of Part 6 of the Water Act 1989 .
Sch. 2 Pt 6 (Heading and cls 13–15) inserted by No. 19/2018 s. 102.
Sch. 2 cl. 13 inserted by No. 19/2018 s. 102.
13 Definitions
In this Part—
"new committee of management" means the committee of management as taken to be appointed under clause 15;
"old body" means Parks Victoria within the meaning of the Parks Victoria Act 1998 , as in force before its repeal;
"old committee of management" means the committee of management holding appointment immediately before the Parks Victoria commencement;
"Parks Victoria commencement" means the day on which the Parks Victoria Act 2018 comes into operation.
Sch. 2 cl. 14 inserted by No. 19/2018 s. 102.
14 Continuation of licences granted under section 17B
(1) A licence or an agreement under section 17B(1) granted or entered into by the Secretary or a person authorised in writing by the Secretary over land reserved under section 4, and in force immediately before the Parks Victoria commencement, is taken to continue in force—
(a) subject to its terms and conditions and this Act; and
(b) as if—
(i) the licence or agreement were granted or entered into by the responsible Minister rather than the Secretary or person; and
(ii) (if not inconsistent with the context or subject matter) any reference to the Secretary in the licence or agreement were a reference to the responsible Minister.
(2) Nothing in section 17B(1), as in force after the Parks Victoria commencement, affects a licence or agreement under section 17B(1) granted or entered into by a committee of management before the Parks Victoria commencement and in force immediately before that commencement.
Sch. 2 cl. 15 inserted by No. 19/2018 s. 102.
15 Transitional provision, committees of management
If, immediately before the Parks Victoria commencement, the old body holds an appointment as a committee of management under section 14, on the Parks Victoria commencement—
(a) Parks Victoria is taken to be appointed as the committee of management in substitution of the old body; and
(b) all rights, property and assets that, immediately before the Parks Victoria commencement, were vested in the old committee of management vest in the new committee of management; and
(c) all debts, liabilities and obligations of the old committee of management existing immediately before the Parks Victoria commencement become debts, liabilities and obligations of the new committee of management; and
(d) the new committee of management is substituted as a party to any proceedings pending in any court or tribunal to which the old committee of management was a party immediately before the Parks Victoria commencement; and
(e) the new committee of management
is substituted as a party to any contract or arrangement entered into by or
on behalf of the old committee of management and in force
immediately before the Parks Victoria commencement.