NATIONAL PARKS ACT 1975 - SECT 21D Management of remote and natural areas
NATIONAL PARKS ACT 1975 - SECT 21D
Management of remote and natural areas(1) This section has effect despite section 21C.
S. 21D(2) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(1).
(2) After land becomes part of a remote and natural area, then subject to and in accordance with the provisions of this Act (other than section 21C) and subject to any conditions and restrictions that Parks Victoria may impose in accordance with this Act—
(a) any lawful uses of land existing immediately before its inclusion in the area may continue; and
(b) any lawful activity or works begun on the land before its inclusion in the area may continue and be completed; and
(c) any structure lawfully constructed on the land before its inclusion in the area may be used for its intended purpose; and
(d) any works lawfully carried out on the land before its inclusion in the area may be used for their intended purpose.
(3) Subject to and in accordance with any provision of this Act other than section 21C—
S. 21D(3)(a) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).
(a) the Minister or Parks Victoria may complete anything of a continuing nature commenced under this Act in relation to land before its inclusion in a remote and natural area; and
S. 21D(3)(b) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).
(b) the Minister or Parks Victoria may give effect to agreements, licences or permits or authorities entered into, granted or issued in relation to land before its inclusion in a remote and natural area; and
S. 21D(3)(c) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).
(c) the Minister or Parks Victoria may give effect to any rights, powers or obligations acquired or incurred in relation to land before its inclusion in a remote and natural area; and
S. 21D(3)(d) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).
(d) the Minister or Parks Victoria may do anything necessary for the maintenance or repair of existing roads, tracks, structures or facilities in a remote and natural area.
S. 21D(4) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(3)(a).
(4) Parks Victoria may, in a remote and natural area, do anything which he or she considers necessary for—
(a) the eradication or control of non-indigenous flora and non-indigenous fauna; or
(b) the protection of the natural environment; or
(c) the health and safety of the public; or
S. 21D(4)(d) repealed by No. 19/2018 s. 176(3)(b).
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(e) dealing with emergencies relating to disease.
S. 21D(4A) inserted by No. 19/2018 s. 176(4).
(4A) Subject to section 17(2)(b), the Secretary may do anything which the Secretary considers necessary for the prevention and control of fire.
S. 21D(5) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(5).
(5) Parks Victoria, with the approval of the Minister, may do anything else that Parks Victoria considers—
(a) is—
(i) essential for the responsible management of a remote and natural area; or
(ii) necessary to be done in the public interest, in relation to a remote and natural area; and
(b) does not substantially degrade the natural condition or appearance of the area.
S. 21D(6) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(6).
(6) Parks Victoria must undertake, or cause to be undertaken, rehabilitation work or any other measures that Parks Victoria considers necessary to prevent or minimise loss or degradation of the natural condition or appearance of a remote and natural area if it considers that—
(a) loss or degradation has resulted or is likely to result from activities under this section; or
(b) there is evidence of increasing disturbance of the natural condition or appearance of the area, however caused.
S. 21D(7) inserted by No. 19/2018 s. 176(7).
(7) The Secretary must undertake, or cause to be undertaken, rehabilitation work or any other measures that the Secretary considers necessary to prevent or minimise loss or degradation as a result of activities relating to the prevention or control of fire carried out under subsection (4A).