Victorian Consolidated Legislation

National Parks Act 1975 - SECT 19

Powers of Minister

19. Powers of Minister



(1) The Minister-

   (a)  may accept gifts, devises, bequests and assignments of real or
        personal property whether on trust or otherwise;

   (b)  may accept a gift or devise of land subject to a condition entitling
        the donor or a nominee of the donor or testator to occupy the land
        during the lifetime of the donor or nominee or for any other specified
        period; and

   (c)  may act as executor or administrator of an estate or as trustee of
        moneys or other property where in the opinion of the Minister it is
        expedient to do so for or in connexion with giving effect to the
        objects of this Act.



(2) Subject to this Act, the Minister may, in respect of a park which is not a
wilderness park-

   (a)  after consultation with the National Parks Advisory Council, grant to
        a person for a period not exceeding twenty years a tenancy of land in
        the park having an area of not more than one hectare for use as a
        kiosk cafe or store or for scientific research or for a ski tow at
        such rent and subject to such terms and conditions as the Minister
        determines; and

   (b)  after consultation with the National Parks Advisory Council grant to a
        person a tenancy of a camping ground or building in the park for a
        period not exceeding seven years at such rent and subject to such
        terms and conditions as the Minister determines.

(3) Where a tenancy has been or is to be granted to a person pursuant to
paragraph (b) of subsection (2), the Minister may in writing and for such fees
and charges and subject to such terms conditions and covenants as he
determines, grant to the person for the whole or any part of the period of the
tenancy, a licence to use-

   (a)  any-

   (i)  buildings which are outbuildings in relation to the buildings to which
        the tenancy relates;

   (ii) structures (other than buildings) apparatus or equipment in the
        immediate vicinity of the building to which the tenancy relates- for
        the respective purposes for which each is provided and for any other
        purpose incidental to the use of the building in accordance with the
        agreement;

   (b)  land immediately about the building to which the tenancy relates and
        other land immediately about any outbuildings structures apparatus or
        equipment authorized by the agreement to be used, as necessarily
        incidental to the use of the building outbuilding structure apparatus
        or equipment in accordance with the agreement.

(4) Where land has been purchased or acquired (or possession of land has been
taken under a contract for the purchase of land) under section 5 of the
Crown Land (Reserves) Act 1978 for the purposes of a park or any purpose
mentioned in section 5(2) of that Act the Minister notwithstanding the
provisions of section 5(7) of that Act-

   (a)  may enter into an agreement for the occupation of the land by the
        vendor of the land or his nominee subject to such terms and conditions
        as the Minister thinks fit;

   (b)  may grant a tenancy of or a permit to manage or occupy a building or
        facility on the land at such rent, charge or fee for such period not
        exceeding seven years and subject to such terms and conditions as he
        thinks fit; and

   (c)  may grant a licence in respect of the land for such fees and other
        charges and for such period not exceeding seven years and subject to
        such terms and conditions as he thinks fit for any purpose or any
        purpose of a like nature to a purpose for which the land was being
        used at the time it was purchased or acquired or possession of it was
        taken.