NATIONAL PARKS ACT 1975 - SCHEDULE 15

Schedule One—Transitional provisions

Part 1—Transitional provisions—Parks and Crown Land Legislation Amendment Act 2020

1 Certain leases, licences and other agreements with AquaSure Pty Ltd not affected by this Act

(1) Despite the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the AquaSure lease continues in force on and after that commencement and may be dealt with as a lease under Subdivision 1 of Division 9 of Part I and section 137AA(4) of the Land Act 1958 ; and

(b) Subdivision 1 of Division 9 of Part I and section 137AA(4) of the Land Act 1958 continue to apply to the granting of leases over Crown Allotments 2015 and 2016, Parish of Wonthaggi.

(2) The amendments made to this Act by section 109 of the Parks and Crown Land Legislation Amendment Act 2020 are not to be taken to affect any Desalination Project arrangement as in force immediately before the commencement of that section.

(3) In this clause—

"AquaSure "has the same meaning as in section 32T;

"AquaSure lease "means the lease granted under section 134 of the Land Act 1958 to AquaSure with a commencement date of 13 December 2012 over Crown Allotments 2015 and 2016, Parish of Wonthaggi;

"Desalination Project arrangement" has the same meaning as in section 32T.

2 Rights to cease—roads—Yallock–Bulluk Marine and Coastal Park

On the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 122 ceases to be a road or part of a road or road reserve; and

(b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease.

3 Land to become part of park on surrender to the Crown—Yallock–Bulluk Marine and Coastal Park

If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 122 is not surrendered to the Crown before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020 , that land is taken not to be part of the park described in Part 2 of Schedule Three until the title to the land is surrendered to the Crown.

4 Certain licences and permissions not affected by this Act

(1) The amendments made to this Act by section 109 of the Parks and Crown Land Legislation Amendment Act 2020 are not to be taken to affect the licence—

(a) issued on 19 January 2017 to South Gippsland Region Water Corporation under old section 20 of the EPA; and

(b) as in force immediately before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020 .

(2) In this clause—

old section 20 of the EPA has the same meaning as in section 32T ;

"South Gippsland Region Water Corporation" means the South Gippsland Region Water Corporation established under section 85 of the Water Act 1989 .

5 Revocation of reservations—Yellingbo Landscape Conservation Area

(1) On the commencement of section 112 of the Parks and Crown Land Legislation Amendment Act 2020 the reservation of land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C is revoked.

(2) On the revocation of the reservation of the land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C—

(a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

6 Rights to cease—roads—Yellingbo Landscape Conservation Area

On the commencement of section 112 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the land delineated and coloured yellow or coloured green on the plans lodged in the Central Plan Office and numbered N.P. 123C, N.P. 123D, N.P. 123E and N.P. 123F ceases to be a road or part of a road or road reserve; and

7 Revocation of reserved forest—Errinundra National Park

On the commencement of section 107 of the Parks and Crown Land Legislation Amendment Act 2020 the land shown coloured green on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases to be reserved forest.

8 Rights to cease—roads—Errinundra National Park

On the commencement of section 107 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases to be a road or part of a road or road reserve; and

9 Rights to cease—roads—Dandenong Ranges National Park

On the commencement of section 103 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 86/6 ceases to be a road or part of a road or road reserve; and

10 Land to become part of park on surrender to the Crown—Dandenong Ranges National Park

If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 86/6 is not surrendered to the Crown before the commencement of section 103 of the Parks and Crown Land Legislation Amendment Act 2020 , that land is taken not to be part of the park described in Part 6 of Schedule Two until the title to the land is surrendered to the Crown.

11 Rights to cease—roads—Greater Bendigo National Park

On the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020 —

(a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 105B/4 ceases to be a road or part of a road or road reserve; and

12 Land to become part of park on surrender to the Crown—Greater Bendigo National Park

If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 105B/4 is not surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020 , that land is taken not to be part of the park described in Part 41 of Schedule Two until the title to the land is surrendered to the Crown.

13 Land surrendered to form part of Greater Bendigo National Park—correction of land description

(1) Section 12(5) of the National Parks (Box–Ironbark and Other Parks) Act 2002 is taken to have been enacted as if the land shown coloured grey on the plan lodged in the Central Plan Office and numbered N.P. 105B did not include land comprising Crown Allotment 11, Section 9, Parish of Mandurang.

(2) Section 19(9) of the National Parks (Additions and Other Amendments) Act 2004 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/1 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.

(3) Section 10 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/2 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.

(4) Section 36 of the Parks and Crown Land Legislation Amendment Act 2017 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/3 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.

(5) If the title to the land comprising Crown Allotment 11, Section 9, Parish of Mandurang is surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020 , that land becomes part of the park on the commencement of that section.

Sch. 1AAA inserted by No. 90/2009 s. 11, amended by Nos 35/2010 s. 9, 29/2011 s. 3(Sch. 1 item 63), 7/2012

ss 8, 9, 44/2016 s. 31(1), repealed by No. 40/2020 s. 101.

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Sch. 1A inserted by No. 64/2004 s. 24(Sch. 1).

Schedule One A—Native Title not affected

1 Definitions

In this Schedule—

affect has the same meaning as in the Native Title Act 1993 of the Commonwealth;

native title rights and interests has the same meaning as in the Native Title Act 1993 of the Commonwealth.

2 Native Title not affected by the National Parks (Additions and Other Amendments) Act 2004

(1) The amendments made to this Act by the National Parks (Additions and Other Amendments) Act 2004 are not intended

to affect native title rights and interests.

(2) Subsection (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth.

Sch. 1A cl. 2A inserted by No. 90/2009 s. 12.

2A Native Title not affected by the Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009

(1) The amendments made to this Act by the Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009 are not intended to affect native title rights and interests.