Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
All of Act (except Sch. 1 items (c)(d)(f), Sch. 2
item (b) Pt 7, item (c) Pts 10, 14, 17, 19, 21, 24, 25) on 26/04/1979: s.
1(3); rest of Act on 26/04/1980: s. 3(3); s. 50D(3) inserted on 30.10.02 by No.
50/2002: s. 2; ss 32P(6), 32Q(5) inserted on 11.11.05 by No. 60/2005
s. 10: Government Gazette 8.12.05
Note:
S. 32P(6) provided that s. 32 expired on 1.7.09;
s. 32Q(5) provided that s. 32Q expired on 1.7.09; s. 50D(3) provided
that s. 50D expired on 26.2.12
ss 3(3)–(7), 7, 13) on 19.5.81:
s. 2(1); s. 3(3) on 1.7.81: s. 2(2); ss 3(6), 7, 13 on 1.10.81:
s. 2(4); s. 3(7) on 1.7.82: s. 2(5); s. 3(4) on 24.6.87:
Government Gazette 24.6.87 p. 1694; s. 3(5) on 19.4.89: Government
Gazette 19.4.89 p. 870
Ss 4(1)(2)(10)–(13), 5–16 on 15.5.84: s. 3(1);
s. 4(3) on 1.7.84: s. 3(2); s. 4(5) on 17.11.85: Government Gazette 13.11.85 p.
4267; s. 4(7)(8) on 7.1.86: Government Gazette 11.12.85 p. 4544; s. 4(4) on
26.2.86: Government Gazette 26.2.86 p. 452; s. 4(6) on 24.6.87: Government
Gazette 24.6.87 p. 1694; s. 4(9) never proclaimed, repealed by No.
38/1989
All of Act (except ss 4(2)(4)(5), 16) on 18.12.84:
s. 2(1); s. 4(5) on 11.12.85: Government Gazette 4.12.85 p. 4459; ss 4(4),
16 on 2.5.86: Government Gazette 30.4.86 p. 1115; s. 4(2) on 28.10.87:
Government Gazette 28.10.87 p. 2925
Ss 1–3, 4(1)(2)(7)–(9), 5–10, 12 on
17.6.86: s. 2(1); ss 4(3)(4), 11 on 26.6.86: Government Gazette 25.6.86 p.
2178; s. 4(6) on 24.6.87: Government Gazette 24.6.87 p. 1694; s. 4(5) on
27.11.87: Government Gazette 18.11.87 p. 3138
Ss 1–3, 4(1)(2)(10)–(14), 6, 8 on 26.5.87: s.
2(1); s. 4(5) on 24.11.87: Government Gazette 18.11.87 p. 3138; s.
4(7) on 17.12.87: Government Gazette 2.12.87 p. 3309; ss 4(9), 5(1)(2) on
17.12.87: Government Gazette 16.9.87 p. 3459; ss 5(3), 7 on same day as s.
4(9)—17.12.87: s. 2(3); rest of Act on 21.6.88: Special Gazette (No. 52)
21.6.88 p. 1
S. 4(3) on 25.5.88: Government Gazette 25.5.88 p. 1458;
rest of Act (except ss 4(1)(4), 6) on 21.6.88: Special Gazette (No. 52)
21.6.88 p. 1; ss 4(1)(4), 6 on 18.9.88: Government Gazette 14.9.88 p.
2764
S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87:
s. 2(2); Pt 1, Pt 6 Div. 2, s. 91 on 1.1.88: s. 2(3); rest of Act on
1.7.88: Government Gazette 1.6.88 p. 1487
All of Act (except s. 11(1)–(5)) on 2.12.89:
Government Gazette 29.11.89 p. 3040; s. 11(1) on 31.12.89: s. 2(1); s. 11(2) on
1.7.91: s. 2(2); s. 11(3) on 1.7.93: s. 2(3); s. 11(5) on 1.7.96:
s. 2(5); s. 11(4) on 1.7.99: s. 2(4)
S. 27(1) on 17.6.86: s. 2(2); s. 24 on 18.9.88: s. 2(1);
ss 1–21, 25, 26, 27(2)(4)(5), 28, 29(6), 30, 32–35 on 23.8.89:
Government Gazette 23.8.89 p. 2146; s. 29(4)(5) on 27.10.89: Government
Gazette 25.10.89 p. 2698; ss 27(3), 29(1)(2), 31 on 23.9.92: Government Gazette
23.9.92 p. 2787; s. 22 never proclaimed, repealed by No.
11/1995
S. 39(2) on 16.12.86: s. 2(3); ss 16, 39(3), Sch. 2
items 42.1, 42.11, 42.12 on 6.6.89: s. 2(2); s. 42(1) on 1.11.89: s. 2(4);
s. 42(2) on 1.11.89: s. 2(5); s. 42(3) on 11.11.89: s. 2(6); rest of Act on
1.7.89: s. 2(1)
Ss 12, 16(2) on 18.9.88: s. 2(4); s. 16(3)(4) on 2.12.89: s.
2(6); rest of Act (except ss 4–10, 13, 14) on 13.6.90: s. 2(7); Pts
2 (ss 4–6), 4 (ss 8–10) on 5.6.91: Government Gazette 29.5.91 p.
1387; ss 7, 13, 14 on 23.9.92: Government Gazette 23.9.92 p.
2788
Pts 1 (ss 1–3), 3 (s. 5), 7 (ss 10–12), 9 (ss
16–19) on 23.6.92: s. 2(1); Pts 2 (s. 4), 4–6 (ss 6–9), 8 (ss
13–15) on 30.6.92: Government Gazette 24.6.92 p. 1531
Ss 1, 2 on 20.6.95: s. 2(1); s. 45 on 2.12.89: s. 2(2);
s. 18 on 15.12.95: s. 2(3); s. 3, Pt 3 (ss 29–31),
ss 32–44, Sch. 2, Sch. 3 (except Pt B(c)
on 3.8.95: Government Gazette 3.8.95 p. 2013; Pt 2 (ss 4–28), ss 46,
47, Sch. 1 on 15.12.95: Government Gazette; 14.12.95 p. 3488; s. 48, Sch. 3 Pt
B(c), Sch. 4 on 20.6.96: s. 2(5)
National Parks (Additions and Other Amendments) Act 2004,
No. 64/2004
Assent Date:
12.10.04
Commencement Date:
Ss 3–18 on 13.10.04: s. 2(1);
ss 19(1)–(3)(5)(7)–(10), 20–24 on 16.11.04: Special
Gazette (No. 236) 16.11.04 p. 1; s. 19(6) on 1.1.05: Special Gazette
(No. 236) 16.11.04 p. 1; s. 19(4) on 30.6.05:
s. 2(4)
7 Convenor of Advisory Council and Advisory Committee
(3) The person holding the office of Chairman of the National Parks
Advisory Council or a Committee appointed under section 14 of the Principal Act,
immediately before the commencement of this section, shall become and be the
Convenor of the Council or committee respectively for the unexpired portion
of the period for which the person was appointed Chairman of the Council or the
Committee (as the case may be).
(4) Any reference in any Act, proclamation, appointment, Order in Council,
rule, regulation or other enactment or in any instrument, document or
writing of any kind to the Chairman of the National Parks Advisory Council or a
Committee appointed under section 14 of the Principal Act shall be deemed to be
a reference to the Convenor of the Council or Committee as the case may
be.
(1) Crown grant Volume 3507 Folio 701293 is revoked.
(2) The proclamation made by the Governor in Council on 28 January 1910
and published in the Government Gazette dated 9 February 1910 at page 1100 is
revoked.
(3) The Order in Council referred to in Part C of Schedule 1 is
revoked.
(5) Despite anything to the contrary in any Act, the land, in respect of
which the Crown Grant has been revoked, is deemed to be unalienated land of the
Crown freed and discharged from all trusts, encumbrances, limitations and
restrictions and from every estate or interest therein.
22 O'Shannassy Lodge lease
(1) Nothing in section 21 affects the continuity of—
(a) the lease between the Melbourne and Metropolitan Board of Works and
Victorian Snow Resorts Pty Ltd dated 15 November 1988 over land coloured red on
the plan attached to the lease; or
(b) any assignment of that lease made before the commencement of this
subsection or any guarantee entered into before that commencement in
relation to that lease or any such assignment.
(2) The lease referred to in subsection (1)(a) and any assignment or
guarantee to which subsection (1)(b) relates—
(a) continue in force despite anything to the contrary in the Principal
Act or any other Act; and
(b) the Minister is, by force of this subsection, substituted as a party
in place of the Melbourne Water Corporation in that lease and in any such
assignment or guarantee.
24 Divesting of management from MWC—Yarra Ranges NationalPark
(1) The agreement made on 4 October 1928 between the Minister for the time
being administering the Forests Acts and Melbourne and Metropolitan Board of
Works (as in force immediately before the commencement of this subsection) and
the agreement made on that same day between the Forests Commission and Melbourne
and Metropolitan Board of Works (as in force immediately before the commencement
of this subsection) as they relate to the land shown on the plans referred to in
Part 39 of Schedule Two are cancelled on the date on which the land becomes part
of the Yarra Ranges National Park.
(2) To the extent that the Melbourne Water Corporation has control and
management of any land shown on the plans referred to in Part 39 of Schedule
Two, Melbourne Water Corporation ceases to have control and management of that
land.
25 Rights, etc. to cease
(1) Any land that is part of the lands delineated by a green border on the
plans referred to in Parts 10 and 39 of Schedule Two to the Principal Act as
amended by this Act ceases to be reserved forest on the date on which that land
becomes part of Kinglake National Park or Yarra Ranges National Park (as the
case requires).
(2) The alpine resort known as Mount Donna Buang and being the Crown lands
declared by the Governor in Council to be an alpine resort under section 19(1)
of the Alpine Resorts Act 1983 by Order made on 19 February 1985 and
published in the Government Gazette on 27 February 1985 ceases to be an
alpine resort on the date on which those lands become part of Yarra Ranges
National Park.
(3) The land delineated and shown hatched on the plan in Part D of
Schedule 1 (being part of the alpine resort known as Lake Mountain and
being part of the Crown lands declared by the Governor in Council to be an
alpine resort under section 19(1) of the Alpine Resorts Act 1983 by Order
made on 24 March 1987 and published in the Government Gazette on 25 March 1987)
ceases to be part of Lake Mountain Alpine Resort on the date on which that land
becomes part of Yarra Ranges National Park.
(4) The lands delineated and coloured yellow on the plans referred to in
Part 39 of Schedule Two to the Principal Act as amended by this Act cease to be
roads or parts of roads and all rights, easements and privileges existing or
claimed either by the public or any other body and incidental to any past
dedication or supposed dedication or by any past user or by any fiction of law
cease and determine.
26 Registrar of Titles to make necessary amendments to
records
S. 26(1) repealed by No. 85/1998
s. 24(Sch. item 43).
* * * * *
(2) The Registrar of Titles, on being requested to do so and on submission
of any relevant certificate of title or other document, must make any amendments
in the Register under the provisions of the Transfer of Land Act 1958
that are necessary because of the operation of any provision of this
Part.
27 No compensation payable by Crown
No compensation is payable by the Crown in respect of anything done under
or arising out of this Part.
28 Supreme Court—limitation of jurisdiction
It is the intention of this section to alter or vary section 85 of the
Constitution Act 1975 to the extent necessary to prevent the Supreme
Court awarding compensation in respect of anything done under or arising out of
this Part.
(a) Schedule Two to the Principal Act is amended by item (d) and item (j)
of Part A of Schedule 3; and
(b) Schedule Two B to the Principal Act is amended by item (e) and item
(f) of Part B of Schedule 3; and
(c) Schedule Three to the Principal Act is amended by item (d) of Part C
of Schedule 3—
the lands delineated and coloured yellow in the plans substituted by those
items cease to be roads or parts of roads and all rights, easements and
privileges existing or claimed either by the public or any other body and
incidental to any past dedication or supposed dedication or by any past user or
by any fiction of law cease and determine.
Regulations in force under this Act that, immediately before the
commencement of this section, applied to parks referred to in Schedule Three
apply, on and after that commencement, to parks referred to in Schedule Two A,
Schedule Two B or Schedule Three.
(1) The lands delineated and coloured yellow in the plans referred to in
Part 4 of Schedule Two, Part 5 of Schedule Two B and Parts 2 and 5 of Schedule
Three to the Principal Act as amended by this Act, cease to be roads or parts of
roads and all rights, easements and privileges existing or claimed either by the
public or any other body and incidental to any past dedication or supposed
dedication or by any past user or fiction of law cease.
(2) The lands delineated by a green border in the plans referred to in
Parts 5, 9, 21 and 26 of Schedule Two B and Part 5 of Schedule Three to the
Principal Act as amended by this Act, cease to be reserved forest.
(2) On the day on which Schedule Two B to the Principal Act is amended by
Schedule 2, the lands delineated by a green border on the plans referred to in
Parts 35 and 36 of Schedule Two B to the Principal Act as amended by this Act
cease to be reserved forest, and on the day on which Schedule Three to the
Principal Act is amended by item (a) of Part C of Schedule 3, the lands
delineated by a green border on the plan referred to in that item cease to be
reserved forest.