Alpine Resorts and National Parks Acts Amendment Act 2013

Alpine Resorts and National Parks Acts Amendment Act 2013

No. 17 of 2013

table of provisions

SectionPage

ClausePage

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Changes to Boundaries of Alpine
National Park and Falls Creek Alpine Resort

3Alpine National Park

4Falls Creek Alpine Resort

22Falls Creek Alpine Resort—Construction of reference

Part 3—Amendments to Alpine Resorts (Management) Act 1997

5Definition of Falls Creek Alpine Resort

6New Division 4 inserted in Part 6

Division 4—Transitional arrangements for Falls Creek Alpine Resort

72Definitions

73Land added to Falls Creek Alpine Resort ceases
to be national park

74Continuation of Kiewa Scheme Lease

75Continuation of Northern Foreshore Lease

Part 4—Repeal of Amending Act

7Repeal of amending Act

═══════════════

Endnotes

ClausePage

Victoria

ClausePage

Alpine Resorts and National Parks Acts Amendment Act 2013[†]

No. 17 of 2013

[Assented to 23 April 2013]

Alpine Resorts and National Parks Acts Amendment Act 2013
No. 17 of 2013

The Parliament of Victoriaenacts:

Part 4—Repeal of Amending Act

Alpine Resorts and National Parks Acts Amendment Act 2013
No. 17 of 2013

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend the Alpine Resorts Act 1983, the Alpine Resorts (Management) Act 1997 and the National Parks Act 1975—

(a)to excise 2 parcels of land from the Alpine National Park and incorporate those parcels of land into the Falls Creek Alpine Resort;and

(b) to add a further parcel of landto the Falls Creek Alpine Resort;and

(c) to excise a parcel of land from the Falls Creek Alpine Resort and incorporate that land into the Alpine National Park.

2Commencement

s. 2

(1)This Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 31December 2013, it comes into operation on that day.

______

Part 2—Changes to Boundaries of Alpine National Park and Falls Creek Alpine Resort

3Alpine National Park

s. 3

See:
Act No.
8702.
Reprint No. 14
as at
14 November 2012
and amending
Act No.
38/1989.
LawToday:
www.
legislation.
vic.gov.au

For Part 37 of Schedule Two to the National Parks Act 1975substitute—

"PART 37—ALPINE NATIONAL PARK

All those pieces or parcels of land containing 661777 hectares, more or less, situated in the Counties of Benambra, Bogong, Croajingolong, Dargo, Delatite, Tambo, Tanjil and Wonnangatta beingthe land delineated and bordered red or green or coloured red or yellow in the plans lodged in the Central Plan Office and numbered N.P. 70/1b, N.P.70/2c, N.P. 70/1d, N.P. 70/2e, N.P. 70/1g, N.P. 70/1h,N.P. 70/1j and N.P. 70/1n, except for the following—

(a) the land bordered blue (other than the land shown bordered red or coloured yellow on the plans lodged in the Central Plan Office and numbered N.P.70/1k and N.P. 70/1m);

(b) Crown Allotment 1, Section5, Parish of Burrungabugge, County of Benambra;

(d) the roads shown on the plans as excluded;

(e) the Benambra-Corryong Road, the Benambra-Limestone-Black Mountain road, the Dargo High Plains Road, the Great Alpine Road and the Omeo Highway.".

4Falls Creek Alpine Resort

s. 4

See:
Act No.
9974.
Reprint No. 3
as at
30 April 1998
and amending
Act Nos
50/2000 and 74/2000.
LawToday:
www.
legislation.
vic.gov.au

For section 22 of the Alpine Resorts Act 1983substitute—

"22 Falls Creek Alpine Resort—Construction of reference

On and from the commencement ofthe Alpine Resorts and National Parks Acts Amendment Act 2013, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office of the Department of Sustainability and Environment, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.".

______

Part 3—Amendments to Alpine Resorts (Management) Act 1997

See:
Act No.
89/1997.
Reprint No. 3
as at
3 November 2011
and amending
Act No.
43/2012.
LawToday:
www.
legislation.
vic.gov.au

5Definition of Falls Creek Alpine Resort

s. 5

In section 3 of the Alpine Resorts (Management) Act 1997, at the foot of the definition of Falls Creek Alpine Resortinsert—

"Note

Section 22 of the Alpine Resorts Act 1983reconstrues references in the Order in Council to the land contained in the Falls Creek Alpine Resort.".

6New Division 4 inserted in Part 6

After Division 3 of Part 6 of the Alpine Resorts (Management) Act 1997insert—

"Division 4—Transitional arrangements for Falls Creek Alpine Resort

72Definitions

In this Division—

2013 Act means the Alpine Resorts and National Parks Acts Amendment Act 2013;

Kiewa Scheme Leasemeans the lease granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN080429901, Kanina Willows Pty Ltd ACN080735815 and Contact Hydro Australia Pty Ltd ACN080810546 over land that includesCrown Allotment 9B, Parish of Darbalang, as shown on survey plan CP117712A, and Crown Allotments 9F and 9G, Parish of Darbalang, as shown on survey plan CP118367, with a commencement date of 18December 1997;

Northern Foreshore Lease means the lease entitled "Northern Foreshore of Part Rocky Valley Reservoir"—

s. 6

(a)granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN080735815 and Contact Hydro Australia Pty Ltd ACN080810546 over Crown Allotments 9H and 9J, Parish of Darbalang, as shown on survey plan CP118367, with a commencement date of 18December 1997; and

(b)continued in force as a lease granted under the National Parks Act 1975 on and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000.

Note

Section 9(2) of the National Parks (Amendment) Act 2000 commenced on 25January 2001.

73Land added to Falls Creek Alpine Resort ceases to be national park

On and from the commencement of the 2013 Act, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P.70/1nceases to be part of the Alpine National Park within the meaning of the National Parks Act 1975.

74Continuation of Kiewa Scheme Lease

(1)On and from the commencement of the 2013 Act, the Kiewa Scheme Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P.70/1n, as if it were a lease granted under this Act.

(2)Nothing in subsection (1) affects the operation of the Kiewa Scheme Lease to the extent that it applies to land other than the land referred to in subsection (1).

75Continuation of Northern Foreshore Lease

s. 6

(1)On and from the commencement of the 2013 Act, the Northern Foreshore Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P.70/1n, as if it were a lease granted under this Act.

(2)Nothing in subsection (1) affects the operation of the Northern Foreshore Lease to the extent that it applies to land other than the land referred to in subsection (1).".

______

Part 4—Repeal of Amending Act

7Repeal of amending Act

s. 7

This Act is repealed on 31 December 2014.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Alpine Resorts and National Parks Acts Amendment Act 2013
No. 17 of 2013

Endnotes

[†] Minister's second reading speech—

Legislative Assembly: 20 February 2013

Legislative Council: 7 March 2013

The long title for the Bill for this Act was "A Bill for an Act to provide for the excision of 2 parcels of land from the Alpine National Park, the incorporation of that land and other land into the Falls Creek Alpine Resort, the excision of a parcel of land from the Falls Creek Alpine Resort and the incorporation of that land into the Alpine National Park and for other purposes."