NATIONAL PARKS ACT 1975 - SECT 17 National parks and State parks
NATIONAL PARKS ACT 1975 - SECT 17
National parks and State parks(1) Each area of land described in a part of Schedule Two is, for the purposes of this Act, a national park under the name specified in that part.
S. 17(1A) inserted by No. 38/1989 s. 18(1).
(1A) Each area of land described in a part of Schedule Two B is, for the purposes of this Act, a State park under the name specified in that part.
S. 17(2) amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(1), 42/2021 s. 105(1).
(2) Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 , Parks Victoria has the control and management of each national and State park and must—
S. 17(2)(a) amended by No. 38/1989 s. 18(2)(a).
(a) ensure that each national park and State park is controlled and managed, in accordance with the objects of this Act, in a manner that will—
(i) preserve and protect the park in its natural condition for the use, enjoyment and education of the public;
(ii) preserve and protect indigenous flora and fauna in the park;
(iii) exterminate or control exotic fauna in the park;
(iv) eradicate or control exotic flora in the park; and
(v) preserve and protect wilderness areas in the park and features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;
S. 17(2)(aa) inserted by No. 50/2002 s. 4(1).
(aa) have regard to all classes of management actions that may be implemented for the purposes of maintaining and improving the ecological function of the park;
S. 17(2)(b) amended by Nos 38/1989 s. 18(2)(b), 19/2018 s. 158(2).
(b) consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, appropriate and sufficient measures are taken to protect each national park and State park from injury by fire;
S. 17(2)(ba) inserted by No. 57/1995 s. 6(1).
(ba) ensure that appropriate and sufficient measures are taken (including seeking the making of an appropriate agreement under section 32I(1)) —
(i) to protect designated water supply catchment areas; and
(ii) to maintain the water quality of and otherwise protect the water resources in those areas; and
(iii) to restrict human activity in those areas for the purposes of subparagraphs (i) and (ii);
S. 17(2)(c) amended by No. 38/1989 s. 18(2)(c).
(c) promote and encourage the use and enjoyment of national parks and State parks by the public and the understanding and recognition of the purpose and significance of national parks and State parks; and
S. 17(2)(d) amended by Nos 38/1989 s. 18(2)(d), 19/2018 s. 158(3).
(d) prepare a plan of management in respect of each national park and State park, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018 .
S. 17(2AA) inserted by No. 62/2010 s. 127(1).
(2AA) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a national park or State park, a management plan prepared under subsection (2)(d) does not have effect in so far as a joint management plan is in effect for that land.
S. 17(2A)(2B) inserted by No. 50/2002 s. 4(3), repealed by No. 53/2017 s. 22.
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S. 17(3) inserted by No. 57/1995 s. 6(2), amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(4).
(3) Parks Victoria, before exercising any power or performing any function or duty under this Act in a designated water supply catchment area, must, in so far as is reasonably necessary, consult with Melbourne Water Corporation.
S. 17(4) inserted by No. 57/1995 s. 6(2), amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(5).
(4) It is sufficient compliance with subsection (3) for Parks Victoria to have entered into a management agreement with Melbourne Water Corporation under section 32I.
S. 17(5) inserted by No. 26/2018 s. 94(2), amended by Nos 40/2020 s. 65, 42/2021 s. 105(2).
(5) On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018 .
S. 17(6) inserted by No. 42/2021 s. 105(3).
(6) The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—
(a) by Order under section 16C(1); or
(b) under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 .
S. 17(7) inserted by No. 42/2021 s. 105(3).
(7) Despite subsections (2) and (5), Parks Victoria must prepare a plan of management for the Great Otway National Park.
S. 17(8) inserted by No. 42/2021 s. 105(3).
(8) In preparing a plan of management referred to in subsection (7), Parks Victoria must obtain approval from the Great Ocean Road Coast and Parks Authority for any part of the plan related to land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 .
S. 17(9) inserted by No. 42/2021 s. 105(3).
(9) Subsection (8) does not prevent Parks Victoria from including a plan of management referred to in subsection (7) as part of a land management plan within the meaning of section 3 of the Parks Victoria Act 2018 .
Pt 3 Div. 1A (Heading and ss 17A– 17C) inserted by No. 38/1989 s. 6.
Division 1A—Wilderness parks
S. 17A inserted by No. 38/1989 s. 6.