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NATIONAL PARKS ACT 1975 - SECT 18 Other parks

NATIONAL PARKS ACT 1975 - SECT 18

Other parks

    (1)     Each area of land described in a part of Schedule Three is, for the purposes of this Act, a park under the name specified in that part.

S. 18(2) amended by Nos 70/1998 s. 14(Sch. item 6), 19/2018 s. 163(1), 42/2021 s. 107(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 or the Great Ocean Road Coast and Parks Authority (as the case may be) must—

        (a)     ensure that each park referred to in subsection (1) is controlled and managed in accordance with the objects of this Act in a manner that will, insofar as is appropriate to the park

              (i)     preserve, protect and re-establish indigenous flora and fauna in the park;

              (ii)     preserve and protect features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;

              (iii)     enable the park to be used by the public for the enjoyment, observation and study of the countryside and its pursuits, its flora and fauna, its ecology and geology and other features; and

              (iv)     control exotic flora and fauna in the park;

S. 18(2)(b) amended by No. 19/2018 s. 163(2).

        (b)     consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each park referred to in subsection (1) from injury by fire;

        (c)     promote and encourage the use and enjoyment of parks referred to in subsection (1) by the public; and

S. 18(2)(d) amended by No. 19/2018 s. 163(3).

        (d)     prepare a plan of management in respect of each park referred to in subsection (1), 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. 18(3) inserted by No. 62/2010 s. 127(2).

    (3)     In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a park to which this section applies, 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. 18(4) inserted by No. 26/2018 s. 94(5), amended by Nos 40/2020 s. 69, 42/2021 s. 107(2).

    (4)     On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) 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. 18(5) inserted by No. 42/2021 s. 107(3).

    (5)     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 .

Division 3—General provisions

No. 8083 s. 6.