NATIONAL PARKS ACT 1975

Table of Provisions

• Preamble

PART I--PRELIMINARY

• 1 Short title and commencement  
• 3 Definitions  
• 4 Objects of Act  
• 4A Application of Road Management Act 2004  
• 4B Transport Integration Act 2010  
• 4C Filming Approval Act 2014  
• 4D Traditional owner agreement for natural resources  

PART II--ADMINISTRATION

• 10 National Parks Advisory Council  
• 11 Functions of National Parks Advisory Council  
• 13 Members of National Parks Advisory Council  
• 16 Certain offices deemed not to be office of profit under Crown  
• 16A Management agreements with Traditional Owner Land Management Boards  
• 16B Land to be managed consistently with joint management plan  

PART IIA--GREAT OCEAN ROAD COAST AND PARKS AUTHORITY--LAND MANAGEMENT

• 16C Appointment of Great Ocean Road Coast and Parks Authority as land manager  
• 16D Management agreements with Parks Victoria  
• 16E Great Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria  
• 16F Great Ocean Road Coast and Parks Authority's performance and exercise of functions and powers  

PART III--NATIONAL PARKS, STATE PARKS AND OTHER PARKS

Division 1--National parks and State parks

• 17 National parks and State parks  

Division 1A--Wilderness parks

• 17A Wilderness parks—Schedule Two A  
• 17B Management plans  
• 17C Prohibition on development and other activities  

Division 1B--Marine national parks and marine sanctuaries

• 17D Marine national parks and marine sanctuaries  

Division 1C--Landscape conservation areas

• 17E Landscape conservation areas  
• 17F Management and control of landscape conservation areas by Parks Victoria  

Division 2--Other parks

• 18 Other parks  

Division 3--General provisions

• 19 Powers of Minister  
• 19AA Management of land prior to its reservation  
• 19A Management agreements with Trust for Nature  
• 19B Parks Victoria to manage reserved land  
• 19C Minister may make management agreements with public authorities  
• 19D Minister may make agreements with other States  
• 19E Leasing and managing of land adjacent to parks  
• 19F Order that land to be treated as a park for certain purposes  
• 19G Power of Minister to grant leases not exceeding 21 years  
• 19K Power of Minister to grant licences associated with leases  
• 20 Powers of Parks Victoria and Great Ocean Road Coast and Parks Authority  
• 20A Obligations of Secretary and Parks Victoria in relation to Yarra River land  
• 20B Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas  
• 20C Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region  
• 21 Parks Victoria and Great Ocean Road Coast and Parks Authority may grant certain permits etc.  
• 21A Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries  
• 21B Remote and natural areas  
• 21C Protection of remote and natural areas  
• 21D Management of remote and natural areas  
• 22 Zones in parks  
• 22A Wilderness zones—General  
• 22B Navigation lights—Sandpatch and Wilsons Promontory wilderness zones  
• 22D Deer hunting in some wilderness zones  
• 23 Permanent works that may be carried out in parks  
• 24 Maintenance works to be carried out in parks  
• 25 Certain works may be carried out on foreshore etc. adjacent to parks  
• 25A Continuation of existing uses  
• 25B Harvesting of a pine plantation in Lake Eildon National Park  
• 26A Tenancies or licences for certain purposes  
• 27 Rights of public authorities in respect of parks  
• 27A Agreement with electricity company  
• 27B Native title not to be affected by amendments  
• 27BA Parks Victoria must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park  
• 27BB Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area  
• 27BC Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to an approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park  

Division 3A--Tour operator licences

• 27C Offence to conduct organised tour or recreational activity in a park if unlicensed  
• 27D Grant of tour operator licence  
• 27E Application for tour operator licence  
• 27F Requirement to pay annual fees after grant of tour operator licence  
• 27G Tour operator licence conditions  
• 27H Contravention of condition an offence  
• 27I Variation of tour operator licence  
• 27J Suspension of tour operator licence  
• 27K Making submissions on suspension  
• 27L Cancellation of tour operator licence  

Division 4--Special provisions relating to particular parks

• 28 Introduction or use of cattle in specific parks  
• 29 Wilsons Promontory National Park  
• 29A Lighthouse leases—Wilsons Promontory National Park  
• 29B Lighthouse leases—Great Otway National Park  
• 30 Point Nepean National Park  
• 30AAA Leases in Point Nepean National Park  
• 30AAAC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Point Nepean National Park  
• 30AAB Licences associated with lease—Point Nepean National Park  
• 30AAC General licences—Point Nepean National Park  
• 30A Operations in the Alpine National Park  
• 30AA Lease or licence to a generation company—Alpine National Park  
• 30AB Agreement with a generation company—Alpine National Park  
• 30B Protection of access rights of freeholders in Alpine National Park  
• 30BA Rights to move cattle through the Alpine National Park  
• 30C Protection of life occupancies in Alpine National Park  
• 30D Protection of access rights to Murray–Sunset National Park  
• 30E Change of name of Murray–Sunset National Park  
• 30F Access rights—French Island National Park  
• 30G Water distribution works authority in relation to certain parks  
• 30H Dam licences—Greater Bendigo National Park, Castlemaine Diggings National Heritage Park  
• 30I Protection of access rights of freeholders in relation to certain parks  
• 30J Protection of access rights of freeholders in Mitchell River National Park  
• 30K Right to move cattle or sheep through Heathcote-Graytown National Park and Broken-Boosey State Park  
• 30L Right to move cattle through Barmah National Park  
• 30M Works under water licences for certain parks  
• 31 Croajingolong National Park  
• 31AA Leases in Mount Buffalo National Park  
• 31AABB Power of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park  
• 31AAB Licences associated with lease—Mount Buffalo National Park  
• 31AB Lease of O'Shannassy Lodge—Yarra Ranges National Park[4]  
• 32AA Glenample Homestead  
• 32AB Tenancy of Rover Scout Chalet  
• 32AC Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park  
• 32AF Protection of access rights of freeholders in Wyperfeld National Park  
• 32AH Protection of access rights of freeholders in Yarra Ranges National Park  
• 32B Tenancies for surf lifesaving club purposes  
• 32CA Arthurs Seat chairlift lease  
• 32CC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease  
• 32D Authorities to search for minerals in certain parks  
• 32FAA Protection of access rights of freeholders in Cathedral Range State Park  
• 32H Protection of designated water supply catchment areas and their water resources  
• 32I Management agreements with managing water authorities  
• 32J Access to property in designated water supply catchment areas  
• 32K Control and management of structures and installations in designated water supply catchment areas  
• 32L Extraction of forest produce from Kinglake National Park and Yarra Ranges National Park  
• 32M Determination of disputes  
• 32N Restricted areas in designated water supply catchment areas  
• 32NA Management agreement with Barwon Water—Brisbane Ranges National Park  
• 32O Access rights—French Island Marine National Park  
• 32R Drainage licences—Cobboboonee National Park  
• 32S Rehabilitation works—Great Otway National Park  
• 32T Access rights—Yallock–Bulluk Marine and Coastal Park  

PART IV--GENERAL

• 33 Rents etc. to be paid into the Consolidated Fund  
• 35 Annual report  
• 36 Seizure and forfeiture of guns and other weapons  
• 37 Parks Victoria or the Great Ocean Road Coast and Parks Authority may consent to certain guns or other weapons being carried or used  
• 37AA Parks Victoria or Great Ocean Road Coast and Parks Authority may consent to weapons other than guns being carried through parks  
• 37A Parks Victoria may cause to be erected signs to indicate parks  
• 38 Authorised officer may demand name etc.  
• 38AA Production of identification  
• 38A Powers of authorised officers within catchment areas  
• 39 Application of section 188A of the Land Act 1958  
• 40 Consent to mining leases and licences  
• 40A Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions  
• 40B Pipelines and seafloor cables in marine national parks and marine sanctuaries  
• 41 Impounding of livestock  
• 41A Land included in a park no longer reserved or affected by proclamation or Order  

PART V--OFFENCES AND PROCEEDINGS

Division 1--General offences

• 42 Use of certain names prohibited  
• 43 Trades and businesses not to be carried on in parks unless authorised  
• 44 Guns etc. not to be carried in parks  
• 44A Offence to cut or take away fallen or felled trees  
• 44B Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas  
• 45 Persons not to obstruct etc. or to fail to comply with requests of authorised officers  

Division 2--Offences in marine national parks and marine sanctuaries and related matters

• 45A Fishing offences in marine national parks and marine sanctuaries  
• 45B Approval to remain in Point Hicks Marine National Park  
• 45C Proceedings and enforcement under this Division  
--Divisions 1 and 3 of Part 7 and section 130 of the Fisheries Act 1995 apply to an offence under this Division as if the offence were an offence under the Fisheries Act 1995.
• 45D Liability for offences  
• 45E Time for bringing proceedings  

Division 3--Provisions relating to proceedings and other matters

• 47 Evidence  
• 47A Compensation for damage to parks  
• 47B General penalty provision  
• 47D Management plan to be tabled  

PART VI--REGULATIONS AND OTHER MATTERS

• 48 Regulations  
• 48AA Tour operator licence regulations  
• 48A Native title not affected by amendments  
• 48B Describing lands in notice  
• 48C Transitional provisions  
• 48D Schedule One A has effect  

PART VII--TRANSITIONAL PROVISIONS

• 49AA Definition  
• 49 Duties etc. of Director to become duties of Secretary  
• 50N Native Title not affected by amendments  
• 50P Licences not renewable  

PART IX--FURTHER TRANSITIONAL PROVISIONS

• 56 National Parks (Amendment) Act 2000—Continuation of leases  
• 61 Definition—2005 Act  
• 61A Continuation of lease—2005 Act  
• 62A Saving of agreement  
• 79 Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2020  

PART X--TRANSITIONAL PROVISIONS--PARKS VICTORIA ACT 2018

• 80 Definitions  
• 81 Transfer of property from the Secretary to Parks Victoria  
• 82 Saving of licences, permits, consents or authorities  
• 83 Applications for tour operator licences and variations of tour operator licences  
• 84 Agreements with Trust for Nature under section 19A  
• 85 Agreements with public authorities under section 19C  
• 86 Agreements with other governments under section 19D  
• 87 References relating to Orders under section 19F  
• 88 Management agreements with managing water authorities  
• 89 Glenample Homestead  
• SCHEDULE 15
• SCHEDULE 20
ENDNOTES