CROWN LAND LEGISLATION AMENDMENT (CANADIAN REGIONAL PARK AND OTHER MATTERS) ACT 2016 (NO. 12 OF 2016) - SECT 4 New Part 5 inserted into Second Schedule

CROWN LAND LEGISLATION AMENDMENT (CANADIAN REGIONAL PARK AND OTHER MATTERS) ACT 2016 (NO. 12 OF 2016) - SECT 4

After Part 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 insert —

" Part 5—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

        9     Definitions

In this Part—

"Canadian Regional Park" means the area of land described in Division 6 of Part 4A of the Fifth Schedule;

"Hepburn Regional Park" means the area of land described in Division 7 of Part 4A of the Fifth Schedule;

"Kerang State Wildlife Reserve" means the area of land described in Division 4 of Part 5 of the Fifth Schedule.

        10     Revocation of reservations, regulations and other interests—Canadian Regional Park

    (1)     On the commencement of section 6 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 —

        (a)     any reservation under this or any other Act over the whole or a part of the Canadian Regional Park that is in force immediately before that commencement is revoked; and

        (b)     the appointment of any committee of management of the whole or a part of the Canadian Regional Park is revoked to the extent that it relates to that land immediately before that commencement; and

        (c)     any regulations made under section 13 that apply to the whole or a part of the Canadian Regional Park immediately before that commencement are revoked to the extent that they apply to that land; and

        (d)     subject to subclause (2), the Canadian Regional Park is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of that land immediately before that commencement; and

        (e)     for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-227—

              (i)     the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and

              (ii)     all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or 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 the plan cease.

    (2)     Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the Canadian Regional Park that was granted or issued under this Act, the Forests Act 1958 , the Land Act 1958 or the Water Act 1989 and that is in force immediately before the commencement of section 6 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—

        (a)     its terms and conditions; and

        (b)     the provisions of the Act under which it was granted or issued.

        11     Revocation of reservations, regulations and other interests—Hepburn Regional Park

    (1)     On the commencement of section 7 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 —

        (a)     any reservation under this or any other Act over the whole or a part of the Hepburn Regional Park that is in force immediately before that commencement is revoked; and

        (b)     the appointment of any committee of management of the whole or a part of the Hepburn Regional Park is revoked to the extent that it relates to that land immediately before that commencement; and

        (c)     any regulations made under section 13 that apply to the whole or a part of the Hepburn Regional Park immediately before that commencement are revoked to the extent that they apply to that land; and

        (d)     subject to subclause (2), the Hepburn Regional Park is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of that land immediately before that commencement; and

        (e)     for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-242—

              (i)     the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and

              (ii)     all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or 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 the plan cease.

    (2)     Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the Hepburn Regional Park that was granted or issued under this Act, the Forests Act 1958 , the Land Act 1958 or the Water Act 1989 and that is in force immediately before the commencement of section 7 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—

        (a)     its terms and conditions; and

        (b)     the provisions of the Act under which it was granted or issued.

        12     Revocation of reservations, regulations and other interests—Kerang State Wildlife Reserve

    (1)     On the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 —

        (a)     any reservation under this or any other Act over the whole or a part of the Kerang State Wildlife Reserve that is in force immediately before that commencement is revoked; and

        (b)     the appointment of any committee of management of the whole or a part of the Kerang State Wildlife Reserve is revoked to the extent that it relates to that land immediately before that commencement; and

        (c)     any regulations made under section 13 that apply to the whole or a part of the Kerang State Wildlife Reserve immediately before that commencement are revoked to the extent that they apply to that land; and

        (d)     subject to subclause (2), the Kerang State Wildlife Reserve is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of the land immediately before that commencement; and

        (e)     for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-241—

              (i)     the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and

              (ii)     all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or 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 the plan cease.

    (2)     Despite anything to the contrary in this Act—

        (a)     any licence, permit or other authority over any part of the Kerang State Wildlife Reserve that was granted or issued under this Act, the Forests Act 1958 , the Land Act 1958 or the Water Act 1989 , and that is in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—

              (i)     its terms and conditions; and

              (ii)     the provisions of the Act under which it was granted or issued; and

        (b)     the Water Corporation may continue to discharge treated wastewater within the Kerang State Wildlife Reserve if the discharge occurs—

              (i)     under and in accordance with the licence in relation to that part of the Reserve known as Fosters Swamp, that was issued to the Water Corporation under section 20 of the Environment Protection Act 1970 on 11 August 2009 and amended on 21 November 2013 and 22 July 2015 and as in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 , subject to the terms and conditions of that licence; or

              (ii)     under and in accordance with any other licence in relation to that part of the Reserve known as Fosters Swamp, issued to the Water Corporation under section 20 of the Environment Protection Act 1970 before, on or after the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 and as amended from time to time, subject to any terms and conditions of that licence.

    (3)     The Kerang State Wildlife Reserve is taken to be classified as a State Game Reserve pursuant to an Order of the Governor in Council under section 15(2) of the Wildlife Act 1975 .

    (4)     In this clause—

"Water Corporation" means the Lower Murray Urban and Rural Water Corporation established under Division 1 of Part 6 of the Water Act 1989 .".