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NATIONAL PARKS ACT 1975 - SECT 19A Management agreements with Trust for Nature

NATIONAL PARKS ACT 1975 - SECT 19A

Management agreements with Trust for Nature

S. 19A(1) amended by Nos 38/1995

s. 21(b), 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(1), 42/2021 s. 109(1).

    (1)     Where land vested in the Trust for Nature (Victoria) (hereinafter called "the Trust") will in the future be surrendered and conveyed or transferred to the Crown for use as a park (whether within the meaning of this Act or not) or part of a park (whether within the meaning of this Act or not) or for a purpose or purposes (whether described in the same terms or terms to the like effect) for which it is within the object of this Act to make provisions in relation to a park and the land is suitable to be a park or part of a park under this Act the Minister may enter into an agreement with the Trust for the management of the land by Parks Victoria or the Great Ocean Road Coast and Parks Authority.

S. 19A(2) amended by Nos 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(2), 42/2021 s. 109(2).

    (2)     Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of land pursuant to an agreement under this section, the land shall be used and managed as though it was (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

S. 19A(2A) inserted by No. 10166 s. 9, amended by No. 19/2018 s. 165(3).

    (2A)     Where an agreement is in force under this section for the management of land—

        (a)     sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48; and

S. 19A(2A)(b) amended by Nos 38/1989 s. 8, 45/2013 s. 5, 54/2015 s. 3, 12/2016 s. 28(a).

        (b)     sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides; and

S. 19A(2A)(c) inserted by No. 12/2016 s. 28(b).

        (c)     any or all of sections 141 to 149 of the Land Act 1958 , as the agreement specifically provides—

shall have effect in and in respect of the land as if it were (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

S. 19A(3) amended by Nos 19/2018 s. 165(4), 40/2020 s. 70.

    (3)     The Governor in Council may make regulations with respect to land subject to an agreement under this section as though the land was (as the case requires in accordance with the agreement) land described in Schedule Two, Schedule Two B, Schedule Three or Schedule Nine.

S. 19A(4) amended by Nos 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(1), 42/2021 s. 109(3).

    (4)     Nothing in this section shall be construed as authorizing the Minister, Parks Victoria, the Great Ocean Road Coast and Parks Authority, the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would not be consistent with any trust condition covenant or other restriction relating to the use of any land referred to in subsection (1).

S. 19B (Heading) inserted by No. 19/2018 s. 166(1).

S. 19B inserted by No. 9247 s. 14.