Victorian Consolidated Legislation

National Parks Act 1975 - SECT 21D

Management of remote and natural areas

21D. Management of remote and natural areas



(1) This section has effect despite section 21C.



(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 the Secretary 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-

   (a)  the Minister or the Secretary 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

   (b)  the Minister or the Secretary 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

   (c)  the Minister or the Secretary 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

   (d)  the Minister or the Secretary may do anything necessary for the
        maintenance or repair of existing roads, tracks, structures or
        facilities in a remote and natural area.

(4) The Secretary 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

   (d)  the prevention or control of fire; or

   (e)  dealing with emergencies relating to disease.

(5) The Secretary, with the approval of the Minister, may do anything else
that the Secretary 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.

(6) 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 of the natural condition or appearance of a
remote and natural area if he or she 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.