NATIONAL PARKS ACT 1975

Victorian Consolidated Legislation

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NATIONAL PARKS ACT 1975 - NOTES

No. 8702 of 1975
Version incorporating amendments as at 2 July 2009

ENDNOTES

1. General Information
The National Parks Act 1975 was assented to on 16 May 1975 and came into operation on 1 December 1975: Government Gazette 26 November 1975 page 3888.
2. Table of Amendments
This Version incorporates amendments made to the National Parks Act 1975 by Acts and subordinate instruments.
Where a provision has expired, the provision has been omitted and an explanatory sidenote included.
-------------------------------------------------------------
National Parks (Amendment) Act 1978, No. 9114/1978
Assent Date:
16.5.78
Commencement Date:
16.5.78
Current State:
All of Act in operation
Crown Land (Reserves) Act 1978, No. 9212/1978
Endnotes
Assent Date:
19.12.78
Commencement Date:
1.3.79: Government Gazette 21.2.79 p. 441
Current State:
All of Act in operation
National Parks Act 1978, No. 9247/1978
Assent Date:
19.12.78
Commencement Date:
26.4.79: subject to s. 3(3)
Current State:
All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980
Assent Date:
27.5.80
Commencement Date:
27.5.80: subject to s. 6(2)
Current State:
All of Act in operation
National Parks (Amendment) Act 1981, No. 9570/1981 (as amended by Nos 9902/1983, 24/1988)
Assent Date:
19.5.81
Commencement Date:
S. 3(8) on 25.4.80: s. 2(6); rest of Act (except 
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
Current State:
All of Act in operation
Public Account (Trust Funds) Act 1982, No. 9861/1982
Assent Date:
5.1.83
Commencement Date:
12.1.83: Government Gazette 12.1.83 p. 81
Current State:
All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date:
5.1.83
Commencement Date:
5.1.83
Current State:
All of Act in operation


Statute Law Revision Act 1983, No. 9902/1983
Assent Date:
15.6.83
Commencement Date:
15.6.83: subject to s. 2(2)
Current State:
All of Act in operation
Transport Act 1983, No. 9921/1983
Assent Date:
23.6.83
Commencement Date:
S. 255 on 1.7.83: s. 1(2)(c)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Mines (Amendment) Act 1983, No. 9936/1983
Assent Date:
5.7.83
Commencement Date:
30.10.83: Government Gazette 5.10.83 p. 3293
Current State:
All of Act in operation
National Parks (Amendment) Act 1984, No. 10073/1984 (as amended by Nos 38/1989, 10166 s.21)
Assent Date:
15.5.84
Commencement Date:
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
Current State:
All of Act in operation
National Parks (Further Amendment) Act 1984, No. 10166/1984
Assent Date:
20.11.84
Commencement Date:
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
Current State:
All of Act in operation
National Parks (Amendment) Act 1986, No. 44/1986
Assent Date:
20.5.86
Commencement Date:
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
Current State:
All of Act in operation




National Parks (Amendment) Act 1987, No. 7/1987
Assent Date:
28.4.87
Commencement Date:
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
Current State:
All of Act in operation
National Parks (Dandenong Ranges) Act 1987, No. 8/1987
Assent Date:
28.4.87
Commencement Date:
13.12.87: Special Gazette (No. 54) 10.12.87 p. 1
Current State:
All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date:
19.5.87
Commencement Date:
S. 103(Sch. 4 items 49.1-49.8, 49.10, 49.11) on 1.7.87: Government Gazette 24.6.87 p. 1694; Sch. 4 item 49.9 never proclaimed, repealed by No. 11/1995
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Planning and Environment Act 1987, No. 45/1987
Assent Date:
27.5.87
Commencement Date:
Ss 103(Sch. 4 items 49.1-49.11), 116(4) on 16.2.88: Government Gazette 10.2.88 p. 218
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks and Wildlife (Amendment) Act 1988, No. 7/1988 (as amended by No. 38/1989)
Assent Date:
19.4.88
Commencement Date:
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
Current State:
All of Act in operation
National Parks (Amendment) Act 1988, No. 24/1988
Assent Date:
17.5.88
Commencement Date:
15.7.88: Government Gazette 13.7.88 p. 2058
Current State:
All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date:
24.5.88
Commencement Date:
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
Current State:
All of Act in operation

Marine Act 1988, No. 52/1988 (as amended by No. 20/1993)
Assent Date:
31.5.88
Commencement Date:
All of Act (except s. 159(4)) on 20.12.88: Special Gazette (No. 105) 20.12.88 p. 1; s. 159(4) on 1.7.89: Government Gazette 28.6.89 p. 1558
Current State:
All of Act in operation
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1)(Sch. 2 items 85.1, 85.2) on 1.11.89: Government Gazette 1.11.89 p. 2798
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Alpine National Park) Act 1989, No. 37/1989 (as amended by No. 7/1997)
Assent Date:
6.6.89
Commencement Date:
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)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Amendment) Act 1989, No. 38/1989 (as amended by No. 11/1995)
Assent Date:
6.6.89
Commencement Date:
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
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Prescribed Weapons Act 1989, No. 39/1989 (as amended by No. 24/1990)
Assent Date:
6.6.89
Commencement Date:
1.9.89: Government Gazette 30.8.89 p. 2210
Current State:
All of Act in operation
Transport (Amendment) Act 1989, No. 44/1989
Assent Date:
6.6.89
Commencement Date:
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)
Current State:
All of Act in operation
Water (Consequential Amendments) Act 1989, No. 81/1989 (as amended by No. 25/1991)
Assent Date:
5.12.89
Commencement Date:
1.11.90: Government Gazette 15.8.90 p. 2473
Current State:
All of Act in operation
National Parks (Further Amendment) Act 1990, No. 43/1990
Assent Date:
13.6.90
Commencement Date:
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
Current State:
All of Act in operation
Mineral Resources Development Act 1990, No. 92/1990 (as amended by No. 27/1991)
Assent Date:
18.12.90
Commencement Date:
S. 128(Sch. 1 items 19.1, 19.2) on 6.11.91: Government Gazette 30.10.91 p. 2970
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Miscellaneous Amendments) Act 1991, No. 2/1991
Assent Date:
9.4.91
Commencement Date:
9.4.91
Current State:
All of Act in operation
National Parks (Wilderness) Act 1992, No. 40/1992
Assent Date:
23.6.92
Commencement Date:
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
Current State:
All of Act in operation
Victorian Tourism Commission (Tourism Victoria) Act 1992, No. 81/1992
Assent Date:
24.11.92
Commencement Date:
24.11.92
Current State:
All of Act in operation
Crown Land Acts (Amendment) Act 1993, No. 48/1993
Assent Date:
1.6.93
Commencement Date:
1.6.93
Current State:
All of Act in operation
Victorian Plantations Corporation Act 1993, No. 61/1993
Assent Date:
8.6.93
Commencement Date:
Pt 1 (ss 1-3) on 8.6.93: s. 2(1); rest of Act on 1.7.93: Government Gazette 24.6.93 p. 1596
Current State:
All of Act in operation
Electricity Industry Act 1993, No. 130/1993
Assent Date:
14.12.93
Commencement Date:
S. 122(Sch. 4 item 10) on 3.1.94: Special Gazette (No. 97) 23.12.93 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975

Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 3(Sch. 1 item 45) on 7.7.94: Government Gazette 7.7.94 p. 1878-see Interpretation of Legislation Act 1984
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Electricity Industry (Amendment) Act 1994, No. 53/1994 (as amended by No. 110/1994)
Assent Date:
15.6.94
Commencement Date:
S. 34 on 3.10.94: Special Gazette (No. 64) 27.9.94 p. 1; Sch. 1 item 6 on 3.10.94: s. 2(4A)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Impounding of Livestock Act 1994, No. 89/1994
Assent Date:
6.12.94
Commencement Date:
6.12.94
Current State:
All of Act in operation
Electricity Industry (Further Amendment) Act 1994, No. 110/1994
Assent Date:
20.12.94
Commencement Date:
S. 41(Sch. 1 item 7) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Gas Industry Act 1994, No. 112/1994
Assent Date:
20.12.94
Commencement Date:
S. 114(Sch. 5 item 6) on 20.12.94: Special Gazette (No. 100) 20.12.94 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Gas and Fuel Corporation (Repeal) Act 1995, No. 31/1995
Assent Date:
6.6.95
Commencement Date:
S. 52(Sch. 1 item 7) on 21.6.95: Special Gazette (No. 49) 14.6.95 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995
Assent Date:
6.6.95
Commencement Date:
6.6.95
Current State:
All of Act in operation



National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 (as amended by Nos 79/1995, 74/2000)
Assent Date:
20.6.95
Commencement Date:
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)
Current State:
All of Act in operation
Extractive Industries Development Act 1995, No. 67/1995
Assent Date:
17.10.95
Commencement Date:
S. 58(Sch. 1 item 11) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Electricity Industry (Further Amendment) Act 1995, No. 79/1995
Assent Date:
28.11.95
Commencement Date:
S. 40 on 20.6.95: s. 2(4)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Fisheries Act 1995, No. 92/1995
Assent Date:
5.12.95
Commencement Date:
S. 161(Sch. 2 item 4) on 1.4.98: Government Gazette 26.2.98 p. 418
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Electricity Industry (Further Amendment) Act 1996, No. 48/1996
Assent Date:
26.11.96
Commencement Date:
26.11.96
Current State:
All of Act in operation
Firearms Act 1996, No. 66/1996
Assent Date:
17.12.96
Commencement Date:
S. 205 on 29.4.97: Government Gazette 24.4.97 p. 921
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Amendment) Act 1997, No. 7/1997
Assent Date:
22.4.97
Commencement Date:
S. 20 on 20.6.96: s. 2(3); ss 4-13, 14(1)(2)(4), 15-24 on 4.6.97: Special Gazette (No. 59) 4.6.97 p. 1; s. 14(3) on 4.6.99: s. 2(2)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975


Electricity Industry (Miscellaneous Amendment) Act 1997, No. 35/1997
Assent Date:
3.6.97
Commencement Date:
S. 30 on 12.8.97: Special Gazette (No. 92) 12.8.97 p. 1.
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997 (as amended by No. 91/1997)
Assent Date:
21.10.97
Commencement Date:
Ss 29, 30 on 21.10.97: s. 2(1)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date:
9.12.97
Commencement Date:
S. 73 on 16.12.97: Special Gazette (No. 159) 16.12.97 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Rail Corporations (Amendment) Act 1997, No. 104/1997
Assent Date:
16.12.97
Commencement Date:
S. 53 on 31.3.98: Special Gazette (No. 23) 31.3.98 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Amendment) Act 1998, No. 70/1998
Assent Date:
4.11.98
Commencement Date:
Ss 3-14, Sch. on 15.4.99: Government Gazette 15.4.99 p. 838
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998
Assent Date:
10.11.98
Commencement Date:
S. 14 on 15.12.98: s. 2(5)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Petroleum Act 1998, No. 96/1998
Assent Date:
24.11.98
Commencement Date:
S. 257(4) on 1.12.99: s. 2(3)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975

Transport (Amendment) Act 2000, No. 30/2000
Assent Date:
30.5.00
Commencement Date:
31.5.00: s. 2
Current State:
All of Act in operation
National Parks (Amendment) Act 2000, No. 50/2000
Assent Date:
14.6.00
Commencement Date:
S. 9(3) on 2.12.89: s. 2(2); s. 6 on 15.6.00: s. 2(1); ss 4, 5, 7, 8, 9(1)(2)(4), 10, 11 on 25.1.01: Government Gazette 25.1.01 p. 100
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Water Industry (Amendment) Act 2000, No. 66/2000
Assent Date:
8.11.00
Commencement Date:
Ss 35(1), 36-38 on 9.11.00: s. 2(1); ss 35(2), 39 on 1.12.01: s. 2(4)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000
Assent Date:
21.11.00
Commencement Date:
S. 61 on 1.1.01: S. 2(4)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 87) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Mineral Resources Development (Amendment) Act 2000, No. 82/2000
Assent Date:
28.11.00
Commencement Date:
S. 75 on 31.7.01: Government Gazette 26.7.01 p. 1703
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date:
27.6.01
Commencement Date:
S. 3(Sch. item 86) on 15.7.01: s. 2
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date:
23.4.02
Commencement Date:
S. 3(Sch. 1 item 47) on 24.4.02: s. 2(1)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975

National Parks (Marine National Parks and Marine Sanctuaries) Act 2002, No. 40/2002
Assent Date:
18.6.02
Commencement Date:
Ss 3-24, Sch. 1 on 16.11.02: s. 2
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002
Assent Date:
29.10.02
Commencement Date:
Ss 3-16 on 30.10.02: s. 2
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Cemeteries and Crematoria Act 2003, No. 80/2003
Assent Date:
11.11.03
Commencement Date:
S. 182 on 1.7.05: s. 2
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Extractive Industries Development (Amendment) Act 2003, No. 84/2003
Assent Date:
11.11.03
Commencement Date:
S. 18 on 27.5.04: Government Gazette 27.5.04 p. 1364
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003
Endnotes
Assent Date:
2.12.03
Commencement Date:
Ss 7-10 on 3.12.03: s. 2
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Road Management Act 2004, No. 12/2004
Assent Date:
11.5.04
Commencement Date:
Ss 164, 165 on 1.7.04: s. 2(2)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Sustainable Forests (Timber) Act 2004, No. 48/2004
Assent Date:
16.6.04
Commencement Date:
S. 136 on 17.6.04: s. 2(1)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
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)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975

Geothermal Energy Resources Act 2005, No. 7/2005
Assent Date:
27.4.05
Commencement Date:
S. 171 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Alpine National Park Grazing) Act 2005, No. 35/2005
Assent Date:
28.6.05
Commencement Date:
Ss 3, 5, 6, 8, 9 on 29.6.05: s. 2(1), ss 4, 7, 10-12 on 14.8.05: s. 2(2)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Point Nepean) Act 2005, No. 43/2005
Assent Date:
16.8.05
Commencement Date:
Ss 3-6 on 17.8.05: s. 2(1); ss 7, 8 on 1.7.06: s. 2(3)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks (Otways and Other Amendments) Act 2005, No. 60/2005
Assent Date:
20.9.05
Commencement Date:
S. 12 on 21.9.05: s. 2(1); ss 3-11, 13-18 on 11.12.05: Government Gazette 8.12.05 p. 2845
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Pipelines Act 2005, No. 61/2005
Assent Date:
20.9.05
Commencement Date:
S. 219 on 1.4.07: Government Gazette 29.3.07 p. 532
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, No. 57/2006
Endnotes
Assent Date:
15.8.06
Commencement Date:
Ss 3-12, 13(1)(3)(4), 14, 15, 16(1) on 16.8.06: s. 2(1); ss 13(2), 16(2) on 19.10.06: Government Gazette 19.10.06 p. 2221
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Assent Date:
29.8.06
Commencement Date:
S. 61(Sch. item 23) on 30.8.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
Water (Governance) Act 2006, No. 85/2006
Assent Date:
17.10.06
Commencement Date:
S. 173(Sch. 1 item 8) on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the National Parks Act 1975

National Parks and Crown Land (Reserves) Acts Amendment Act 2008, 
No. 54/2008
Assent Date:
23.9.08
Commencement Date:
Ss 4, 7 on 24.9.08: s. 2(1); ss 3, 5, 6, 8-12 on 9.11.08: Government Gazette 6.11.08 p. 2574
Current State:
This information relates only to the provision/s amending the National Parks Act 1975
-------------------------------------------------------------
Government Gazette	23 April 1986 pages 1049-1051
Government Gazette 	16 December 1987 page 3459
Government Gazette 	20 July 1988 page 2166
Government Gazette 	18 December 1991 pages 3537, 3538
Government Gazette 	1 April 1993 page 760
Government Gazette 	27 June 1996 page 1630
-------------------------------------------------------------
3. Explanatory Details

1 S. 13(4): Sections 6(2), 7(3)(4) of the National Parks (Further Amendment) Act 1984, No. 10166/1984 read as follows:
	6.	Fees paid to members of Advisory Council
	(2)	A regulation prescribing the fees to be paid to members of the National Parks Advisory Council which was in operation immediately before the commencement of this section shall continue in operation until a determination is made by the Governor in Council pursuant to section 13(4) of the Principal Act.
	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.



2 S. 13(5): See note 1.
3 S. 13(6): See note 1.
4 S. 13(8): See note 1.
5 S. 14(2): See note 1.
6 S. 14(6): See note 1.
7 S. 14(8): See note 1.
8 S. 30(3): Section 32 of the National Parks (Amendment) Act 1989, 
No. 38/1989 reads as follows:
	32.	Land to be transferred to the Crown-Point Nepean
Upon the coming into operation of section 24, the land in Part 4 of Schedule Two to the Principal Act as amended by this Act, and identified by hatching on the plans numbered 20A/7 and 20B/7 and lodged in the Central Plan Office of the Department of Property and Services is to be taken to be not included as part of the land described in Part 4 until the title to the land is transferred to the Crown.
9 S. 31AB: Sections 21 and 22 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 read as follows:
	21.	Divesting of land from the MWC-O'Shannassy
	(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.
	(4)	The Manango (O'Shannassy River Watershed) Lands Act 1969 is repealed.
	(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.

10 S. 43: Section 7(2) of the National Parks and Wildlife (Amendment) Act 1988, No. 7/1988 (as amended by No. 38/1989) reads as follows:
	7.	Trade or business licensed under another Act
	(2)	Section 43 of the Principal Act as amended by subsection (1) does not apply to a trade or business authorised, permitted or licensed under any other Act or law before the commencement of the National Parks and Wildlife (Amendment) Act 1988 except to the extent provided in section 40 of the Principal Act.

11 Sch. 2 Pt 1: Section 7 of the National Parks (Amendment) Act 1988, No. 24/1988 reads as follows:
	7.	Cessation of rights over land delineated in Schedule
	(1)	The lands delineated and coloured yellow in the plans referred to in Parts 1, 29 and 35 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.
	(2)	The lands delineated by a green border in the plans referred to in Parts 1, 12, 29, 35 and 36 of Schedule Two to the Principal Act as amended by this Act cease to be reserved forest.

12 Sch. 2 Pt 3: Section 4(7)(8) of the National Parks (Amendment) Act 1986, No. 44/1986 reads as follows:
	4.	New and enlarged parks
	(7)	The land delineated and coloured yellow in the plans referred to in items (a), (c), (e) and (f) of Part A of the Schedule and items (d), (e) and (h) of Part B of the Schedule shall upon the respective days upon which Schedule Two or Schedule Three, as the case may be, to the Principal Act is amended by the respective items:
	(a)	cease to be roads or parts of roads; and
	(b)	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 shall cease and determine.
	(8)	The lands delineated by a green border on the plans referred to in items (a), (c), (f) and (g) of Part A of the Schedule and items (d), (e), (f) and (h) of Part B of the Schedule shall upon the respective days upon which Schedule Two or Schedule Three as the case may be, to the Principal Act is amended by the respective items cease to be reserved forest.

13 Sch. 2 Pt 6: Section 19(2) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	19.	Cessation of rights
	(2)	On the day on which a part of a Schedule to the Principal Act, referred to in a following paragraph, is inserted in the Principal Act by, or amended by, the section referred to in that paragraph, the lands delineated by a green border, or coloured green or hatched (as the case requires) on the plan referred to in that part cease to be reserved forest-
	(a)	Part 15 of Schedule Three to the Principal Act, as inserted by section 15 of this Act;
	(b)	Parts 6 and 27 of Schedule Two to the Principal Act as amended by section 16 of this Act;
	(c)	Part 5 of Schedule Two B to the Principal Act as amended by section 17 of this Act.

14 Sch. 2 Pt 6: Section 23(2) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	23.	Land to become part of park on surrender to the Crown
	(2)	If the land shown cross-hatched on the plan numbered N.P. 86/2 substituted by section 16(1) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 6 of Schedule Two to the Principal Act until the title to that land is surrendered to the Crown.

15 Sch. 2 Pt 8: See note 14.
16 Sch. 2 Pt 10: Sections 24-28 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 (as amended by No. 85/1998) read as follows:
	24.	Divesting of management from MWC-Yarra Ranges National Park
	(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
	*	*	*	*	*
	(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.

17 Sch. 2 Pt 12: See note 13.
18 Sch. 2 Pt 12: Section 30(1) of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:
	30.	Cessation of rights
	(1)	On the day on which-
	(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.

19 Sch. 2 Pt 13: Section 19(1) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	19.	Cessation of rights
	(1)	On the day on which a part of a Schedule to the Principal Act, referred to in a following paragraph, is inserted in the Principal Act by, or amended by, the section referred to in that paragraph, the lands delineated and coloured yellow in the plan referred to in that part 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 express or implied grant, or past dedication or supposed dedication or by any past user or fiction of law cease and determine-
	(a)	Part 15 of Schedule Two to the Principal Act as inserted by section 14 of this Act;
	(b)	Part 2A of Schedule Three to the Principal Act, as inserted by section 15 of this Act;
	(c)	Parts 13 and 34 of Schedule Two to the Principal Act as amended by section 16 of this Act;
	(d)	Parts 1, 2 and 33 of Schedule Two B to the Principal Act as amended by section 17 of this Act;
	(e)	Parts 3 and 6 of Schedule Three to the Principal Act as amended by section 18 of this Act.

20 Sch. 2 Pt 14: Section 3(10) of the National Parks (Amendment) Act 1981, No. 9570/1981 reads as follows:
	3.	Amendment of the National Parks Act 1975
	(10)	Any land in the Parish of Kentbruck described in Part 14 of Schedule Two to the Principal Act as in force immediately before the commencement of subsection (1) and not described in Part 14 of that Schedule as amended by that subsection shall, upon that commencement, become and be deemed to be reserved forest.

21 Sch. 2 Pt 15: See note 21.

22 Sch. 2 Pt 15: Section 23(1) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	23.	Land to become part of park on surrender to the Crown
	(1)	If the land shown hatched on the plan inserted by section 14(2) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 15 of Schedule Two to the Principal Act until the title to that land is surrendered to the Crown.

23 Sch. 2 Pt 18: See note 14.




24 Sch. 2 Pt 19: Section 4(10) of the National Parks (Amendment) Act 1987, No. 7/1987 reads as follows:
	4.	New and enlarged Parks
	(10)	The lands delineated and coloured yellow in the plan referred to in Part A of the Schedule 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.

25 Sch. 2 Pt 21: Section 3(12) of the National Parks (Amendment) Act 1981, No. 9570/1981 reads as follows:
	3.	Amendment of the National Parks Act 1975
	(12)	The lands delineated and coloured yellow in the plans referred to in items (g), (j), (k) and (l) of Part A of the Schedule and items (b), (d) and (l) of Part B of the Schedule shall, upon the respective days upon which Schedule Two or Schedule Three, as the case may be, to the Principal Act is amended by those respective items, cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any body whatsoever or whomsoever and incidental to any past dedication or supposed dedication or by any past user or by any fiction of the law shall cease and determine.





26 Sch. 2 Pt 26: Section 4(11) of the National Parks (Amendment) Act 1984, No. 10073/1984 reads as follows:
	4.	Amendment of the National Parks Act 1975
	(11)	Any land described in Part 26 of Schedule Two to the Principal Act as in force immediately before the commencement of subsection (1) and not described in Part 26 of that Schedule as amended by that subsection shall, upon that commencement, become and be deemed to be reserved forest.

27 Sch. 2 Pt 27: See note 15.
28 Sch. 2 Pt 29: See note 13.
29 Sch. 2 Pt 34: Section 4(8)(9) of the National Parks (Amendment) Act 1986, No. 44/1986 reads as follows:
	4.	New and enlarged parks
	(8)	The lands delineated by a green border on the plans referred to in items (a), (c), (f) and (g) of Part A of the Schedule and items (d), (e), (f) and (h) of Part B of the Schedule shall upon the respective days upon which Schedule Two or Schedule Three as the case may be, to the Principal Act is amended by the respective items cease to be reserved forest.
	(9)	Any land described in Part 34 of Schedule Two to the Principal Act as in force immediately before the commencement of section 4(1) and not described in the corresponding part of the Schedule as amended by section 4(1) shall on the commencement of the subsection become and be deemed to be unalienated Crown land.

30 Sch. 2 Pt 34: See note 21.
31 Sch. 2 Pt 35: See note 13.
32 Sch. 2 Pt 36: See note 13.
33 Sch. 2 Pt 37: See note 20.
34 Sch. 2 Pt 37: Sections 14, 16 and 17 of the National Parks (Alpine National Park) Act 1989, No. 37/1989 read as follows:
	14.	Cessation of rights over land delineated in Schedule 2
	(1)	The lands delineated and coloured yellow in the plan referred to in Part 37 of Schedule Two to the Principal Act as amended by this Act, on the date on which those lands become part of the park, 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 plan referred to in Part 37 of Schedule Two to the Principal Act as amended by this Act, on the date on which those lands become part of the park, cease to be reserved forest.
	16.	Continuation of lease
	(1)	Upon the coming into operation of section 10, the lease made on 24 March 1976 in which a portion of the land described in Part 37 of Schedule Two to the Principal Act was leased by the State Electricity Commission to the Commonwealth of Australia continues in force despite anything to the contrary in the Principal Act or any other Act.
	(2)	The terms and conditions set out in the lease continue to operate except that the Minister becomes the lessor and any reference in the lease to the lessor or its representatives is to be taken to be a reference to the Minister.


	17.	Land purchased under terms contract
Upon the coming into operation of section 10 the land identified by vertical hatching on the plan lodged in the Central Plan Office of the Department of Property and Services and numbered N.P. 70/1f is to be taken to be not included as part of the land described in Part 37 of Schedule Two to the Principal Act, until the title to the land is surrendered to the Crown.

35 Sch. 2 Pt 37: Section 45 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:
	45.	Operation of amendments to Part 37 of Schedule Two
Part 37 of Schedule Two to the Principal Act is to be deemed to have always been enacted as amended by item (j)(iii) of Part A of Schedule 3.

36 Sch. 2 Pt 38: Section 15 of the National Parks (Further Amendment) Act 1990, No. 43/1990 reads as follows:
	15.	Rights to cease
	(1)	The lands delineated and coloured yellow on the plans referred to in Parts 4 and 38 of Schedule Two to the Principal Act as amended by this Act (except any land shown as excluded from those lands) 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 or person (whether by dedication or supposed dedication or past user or operation of law or otherwise) cease.
	(2)	The lands delineated and coloured green in the plans referred to in Part 38 of Schedule Two, Part 34 of Schedule Two B and Parts 8 and 11 of Schedule Three to the Principal Act as amended by this Act cease to be reserved forest.

37 Sch. 2 Pt 39: See note 18.
38 Sch. 2A: Section 34 of the National Parks (Amendment) Act 1989, No. 38/1989 reads as follows:
	34.	Transitional provision
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.

39 Sch. 2A Pt 3: Section 19 of the National Parks (Wilderness) Act 1992, No. 40/1992 reads as follows:
	19.	Land ceases to be reserved forest
Each of the following pieces of land ceases to be reserved forest on the date on which that land becomes part of a national park-the land delineated by green border on the plan referred to in Part 3 of Schedule Two A of the Principal Act as amended by this Act.

40 Sch. 2B: See note 40.

41 Sch. 2B Pt 2: See note 21.
42 Sch. 2B Pt 2: Section 23(3) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	23.	Land to become part of park on surrender to the Crown
	(3)	If the land shown hatched on the plan substituted by section 17(2) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 2 of Schedule Two B to the Principal Act until the title to that land is surrendered to the Crown.

43 Sch. 2B Pt 5: Section 33(1)(2) of the National Parks (Amendment) Act 1989, No. 38/1989 reads as follows:
	33.	Cessation of rights
	(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.

44 Sch. 2B Pt 5: See note 15.
45 Sch. 2B Pt 17: Section 20 of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	20.	Cessation of rights-Lerderderg State Park
The land described as Crown Allotment 64A, Parish of Coimadai, County of Bourke ceases to be reserved forest.

46 Sch. 2B Pt 20: See note 20.
47 Sch. 2B Pt 26: See note 20.
48 Sch. 2B Pt 26: See note 45.



49 Sch. 2B Pt 31: Section 23(4) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	23.	Land to become part of park on surrender to the Crown
	(4)	If the land shown hatched on the plan substituted by section 17(9) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 31 of Schedule Two B to the Principal Act until the title to that land is surrendered to the Crown.

50 Sch. 2B Pt 35: Section 30(2) of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:
	30.	Cessation of rights
	(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.

51 Sch. 2B Pt 36: See note 52.
52 Sch. 3 Pt 2A: See note 21.
53 Sch. 3 Pt 3: See note 21.





54 Sch. 3 Pt 3: Section 23(5) of the National Parks (Amendment) Act 1997, No. 7/1997 reads as follows:
	23.	Land to become part of park on surrender to the Crown
	(5)	If the land shown hatched on the plan numbered N.P. 44/3 substituted by section 18(2) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 3 of Schedule Three to the Principal Act until the title to that land is surrendered to the Crown.

55 Sch. 3 Pt 6: See note 21.
56 Sch. 3 Pt 10: See note 20.
57 Sch. 3 Pt 15: See note 15.

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National Parks Act 1975
No. 8702 of 1975