National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006
Act No.
table of provisions
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Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendments to the National Parks Act1975
3.Definitions
4.Order that land to be treated as a park for certain purposes
5.Fishing offences in marine national parks and marine
sanctuaries
6.Liability for offences
7.Time for bringing proceedings
8.Amendment of regulation making powers
9.Repeal of spent transitional provisions
10.Substitution of section 62
62.Land to become part of park on surrender to Crown—2005 Act
11.Repeal of sections 65 and 66
12.Insertion of new sections 68, 69, 70 and 71
68.Definition—2006 Act
69.Operation of amendments to section 19F
70.Land to become part of park on surrender to Crown—2006 Act
71.Rights to cease—roads—2006 Act
13.Amendment of Schedule Two
14.Amendment of Schedule Two B
15.Amendment of Schedule Three
16.Amendment of Schedule Four
Part 3—Amendments to the Crown Land (Reserves) Act 1978
17.Substitution of heading in Part 4
18.Management powers, Beaconsfield Nature Conservation
Reserve
19.Insertion of new sections 29G, 29H and 29I
29G.Control and management of water authority structures etc. in Bendigo and Macedon Regional Parks
29H.Water distribution works authority—Bendigo
Regional Park
29I.Dam licences—Bendigo Regional Park
20.Repeal of spent provisions
21.Insertion of new section 43
43.Reserve descriptions
22.Insertion of new sections 47B and 47C
47B.Land in Part 4A of the Fifth Schedule deemed to be regional parks
47C.Land in Part 6 of the Fifth Schedule deemed to be
water reserves
23.Repeal of spent provisions
24.Insertion of new Division 5 of Part 6
Division 5—Further transitional provisions—2006 Act
51.Definition
52.Cessation of interests and rights—regional parks
53.Cessation of interests and rights—land abutting
regional parks
54.Savings of licences and other authorities—regional
parks
55.Protected forest—Kurth Kiln Regional Park
56.Cessation of interests and rights—water reserves
57.Cessation of interests and rights—nature conservation reserves
58.Savings of licences and other authorities—nature conservation reserves
59.Licences to cut and take away forest produce—
Jancourt Nature Conservation Reserve
60.Rights to cease—roads—Castlemaine Diggings
National Heritage Park
61.Cessation of interests and rights —Aireys Inlet Recreation Reserve
62.Saving of licence—Aireys Inlet Recreation Reserve
25.Description of old reserve—Fourth Schedule
26.New and altered Crown land reserves—Fifth Schedule
27.Further amendment of the Crown Land (Reserves) Act1978
Part 4—Macedon Regional Park
28.Insertion of new section 63
63.Addition of land—Macedon Regional Park
29.Amendment of land description
Part 5—Amendment of Other Acts
30.Aire Heritage River—Heritage Rivers Act 1992
31.Restricted Crown land—Mineral Resources Development
Act 1990
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SCHEDULE—Further amendments to the Crown Land (Reserves) Act 1978
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Endnotes
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
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A BILL
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
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to amend the National Parks Act 1975 to make further provision for parks under that Act, to amend the Crown Land (Reserves) Act 1978 to make further provision for reserves under that Act, to make other amendments to those Acts, to amend the Heritage Rivers Act 1992 and the Mineral Resources Development Act 1990 and for other purposes.
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
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National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
Act No.
National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
Act No.
National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006
The Parliament of Victoriaenacts as follows:
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551411B.I1-31/5/2006BILL LA INTRODUCTION 31/5/2006
National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006
Act No.
Part 1—Preliminary
1.Purposes
s. 1
The purposes of this Act are—
(a)to amend the National Parks Act 1975 to make further provision for parks under that Act; and
(b)to amend the CrownLand (Reserves) Act 1978 to make further provision for reserves under that Act; and
(c)to make other amendments to those Acts; and
(d)to amend the Heritage Rivers Act 1992 and the Mineral Resources Development Act 1990.
2.Commencement
(1)Section 1, Part 2 (except sections 13(2) and 16(2)), sections18, 20, 21, 23, 26(3) and 27, Part5,the Schedule and this section come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of this Act does not come into operation before 30 June 2007, it comes into operation on that day.
______
See:
Act No.
8702.
Reprint No. 11
as at
10 February 2006
and amending
Act Nos
38/1989 (as amended by No. 64/2004), 7/2005, 43/2005 and 61/2005.
LawToday:
dpc.vic.
gov.au
Part 2—Amendments to the National Parks Act1975
3.Definitions
s. 3
In section 3(1) of the National Parks Act 1975—
(a)in the definition of "Barwon water supply catchment area" for "N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F and N.P. 111G" substitute "N.P. 111C/1, N.P. 111D/1, N.P. 111E/1, N.P. 111F/1 and N.P. 111G/1";
(b)in the definition of "South West water supply catchment area" for "N.P. 111H" substitute "N.P. 111H/1".
4.Order that land to be treated as a park for certain purposes
In section 19F(3) of the National Parks Act 1975omit "pursuant to an Order under this section".
5.Fishing offences in marine national parks and marine sanctuaries
(1)In section 45A(2) of the National Parks Act 1975, omit "for purposes other than for sale,".
(2)After section 45A(2) of the National Parks Act 1975insert—
"(2A)A person must not, in a marine national park or a marine sanctuary, use recreational fishing equipment.
Penalty:40 penalty units.".
(3) After section 45A(4) of the National Parks Act 1975insert—
"(4A)Sub-section (4) does not apply to a person who is acting under and in accordance with an authorisation in writing of the Minister.
(4B)For the purposes of sub-section (4A), the Minister may issue an authorisation in writing and may impose conditions on that authorisation.".
(4) After section 45A(6) of the National Parks Act 1975insert—
"(6A)A person must not, in waters in a marine national park or a marine sanctuary, have in the person's possession a priority species.
Penalty:100 penalty units or 6 months imprisonment or both, in the case of a natural person;
200 penalty units, in the case of a body corporate.
(6B)Sub-section (6A) does not apply to a person who is on a boat in waters in a marine national park or a marine sanctuary.".
(5) After section 45A(8) of the National Parks Act 1975 insert—
'(9) In this section "recreational fishing equipment"includes a rod and line, handline, dip net, bait trap, landing net, spear gun, hand-held spear, recreational bait net and recreational hoop net.'.
6.Liability for offences
s. 6
(1)For the heading to section 45D of the National Parks Act 1975 substitute—
"Liability for offences".
(2)After section 45D(2) of the National Parks Act 1975 insert—
"(2A)If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of suchan offence.
(2B)Sub-section (2A) does not apply in circumstances in which sub-section (1) or (2) applies.
(2C) It is a defence in any proceedings for an offence against sub-section (2A) if the person in charge of the boat establishes—
(a)that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and
(b)that he or she did not in any way aid, abet, counsel or procure the commission of the offence.".
7.Time for bringing proceedings
s. 7
In section 45E of the National Parks Act 1975, for "section 45A(1)" substitute "sections 45A(1), 45A(4), 45A(5)or 45A(6A)".
8.Amendment of regulation making powers
(1)In section 48(5) of the National Parks Act 1975, for "section 6(2) of the Subordinate Legislation Act 1962"substitute "section 23 of the Subordinate Legislation Act 1994".
(2)In section 48(6) of the National Parks Act 1975, for "Subordinate Legislation Act 1962"substitute"Subordinate Legislation Act 1994".
9.Repeal of spent transitional provisions
s. 9
(1)Section 50F of the National Parks Act 1975 is repealed.
(2)Section 50I of the National Parks Act 1975 is repealed.
(3) Section 60 of the National Parks Act 1975 is repealed.
(4)Section 61C of the National Parks Act 1975 is repealed.
(5)Section 61D of the National Parks Act 1975 is repealed.
10.Substitution of section 62
For section 62 of the National Parks Act 1975 substitute—
"62.Land to become part of park on surrender to Crown—2005 Act
(1)If any of the land shown delineated and coloured pink on the plans lodged in the Central Plan Office and numbered N.P. 111C and N.P. 111G is not surrendered to the Crown before the commencement of section 16(5) of the 2005 Act, that land is taken to be excluded from the park described in Part 31 of Schedule Two until the title to that land is surrendered to the Crown.
(2)Sub-section (1) is deemed to have commenced on the day on which section 16(5) of the 2005 Act commenced.".
11.Repeal of sections 65 and 66
Sections 65 and 66 of the National Parks Act 1975arerepealed.
12.Insertion of new sections 68, 69, 70 and 71
s. 12
After section 67 of the National Parks Act 1975insert—
'68. Definition—2006 Act
In this Part "2006 Act" means the National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006.
69.Operation of amendments to section 19F
Section 19F is deemed to have always been enacted as amended by section 4 of the 2006 Act.
70.Land to become part of park on surrender to Crown—2006 Act
If any of the land shown delineated and coloured blue on the plans lodged in the Central Plan Office and numbered N.P.111C/1, N.P. 111E/1, N.P. 111G/1 or N.P. 111H/1 is not surrendered to the Crown before the commencement of section 13(3) of the 2006 Act, that land is to be taken to be excluded from the park described in Part 31 of Schedule Two until the title to that land is surrendered to the Crown.
71. Rights to cease—roads—2006 Act
(1)On the commencement of a sub-section of section 13 of the 2006 Act referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office, the number of which is referred to in Column2 of the Table opposite the sub-section, cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.
TABLE
Column 1 / Column 2Section 13(2) / N.P. 83/5
Section 13(3) / N.P. 111C/1,
N.P. 111E/1
Section 13(4) / N.P. 61/4
(2)On the commencement of section 14 of the 2006 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 108/1 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.'.
13.Amendment of Schedule Two
s. 13
(1)In Part 4 of Schedule Two to the National Parks Act 1975—
(a) omit "or coloured yellow";
(b)for "N.P. 20A/12" substitute "N.P. 20A/13".
(2)In Part 15 of Schedule Two to the National Parks Act 1975—
(a)for "11 160 hectares" substitute "11 050 hectares";
(b)omit "excepting therefrom the roads shown as excluded";
(c) for "N.P. 83/4" substitute "N.P. 83/5".
(3)In Part 31 of Schedule Two to the National Parks Act 1975—
(a)for "103 000 hectares" substitute "103 190 hectares";
(b)omit "or coloured green";
(c)for "N.P. 111A, N.P. 111B, N.P. 111C, N.P.111D, N.P. 111E, N.P. 111F, N.P. 111G, N.P. 111H, N.P. 111J and N.P. 111K" substitute "N.P. 111A/1, N.P. 111B/1, N.P.111C/1, N.P. 111D/1, N.P. 111E/1, N.P. 111F/1, N.P. 111G/1, N.P. 111H/1, N.P. 111J/1 and N.P. 111K/1".
(4)In Part 34 of Schedule Two to the National Parks Act 1975—
(a)for "167 745 hectares" substitute "168110hectares";
(b)for "N.P. 61/3" substitute "N.P. 61/4".
14.Amendment of Schedule Two B
s. 14
In Part 37 of Schedule Two B to the National Parks Act 1975—
(a)for "1030 hectares" substitute "1010hectares";
(b) omit "excepting therefrom the roads shown as excluded";
(c)for "N.P. 108" substitute "N.P. 108/1".
15.Amendment of Schedule Three
(1)In Part 1 of Schedule Three to the National Parks Act 1975, for "N.P. 38A/3" substitute "N.P.38A/4".
(2)In Part 13 of Schedule Three to the National Parks Act 1975—
(a) omit "or coloured yellow excepting therefrom the road shown as excluded";
(b)for "N.P. 52/5" substitute "N.P. 52/6".
16. Amendment of Schedule Four
s. 16
(1)In Parts 1 to 8 of Schedule Four to the National Parks Act 1975, for "Park Regulations 1992" (wherever occurring) substitute "National Parks (Park) Regulations 2003".
(2)In Part 8 of Schedule Four to the National Parks Act 1975—
(a)omit "section 31 of";
(b)after "natural heritage" insert "and described in Division 1 of Part 2 of the Fifth Schedule to that Act";
(c)for "7540 hectares" substitute "7550hectares";
(d)after "coloured pink" insert "or coloured yellow";
(e)for "N.P. 109A/1, N.P. 109B/1 and N.P.109C/1" substitute "N.P. 109A/2, N.P.109B/2 and N.P. 109C/2".
______
See:
Act No.
9212.
Reprint No. 7
as at
3 February 2005
and amending
Act Nos
64/2004, 60/2005 and 24/2006.
LawToday:
dpc.vic.
gov.au
Part 3—Amendments to the Crown Land (Reserves) Act 1978
17. Substitution of heading in Part 4
s. 17
In Part 4 of the Crown Land (Reserves) Act 1978, for the heading "Management powers in Beaconsfield Nature Conservation Reserve"substitute"Management and other powers in particular reserves".
18. Management powers, Beaconsfield Nature Conservation Reserve
In section 29F(1) of the CrownLand (Reserves) Act 1978, for "Division 10" substitute "Division9".
19. Insertion of new sections 29G, 29H and 29I
After section 29F of the CrownLand (Reserves) Act 1978insert—
'29G. Control and management of water authority structures etc. in Bendigo and MacedonRegionalParks
(1)The Minister, with the agreement of the Minister administering the Water Act 1989, may enter into an agreement with an authority (within the meaning of that Act) to manage and control any structures and installationsin the reserve described in Division 1 orDivision 3 of Part 4A of the Fifth Schedule, or to construct any new structures or installations on that land,and that are specified in the agreement.
(2)For the purposes of giving effect to an agreement under sub-section (1), the authority may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control any structure or installation specified in the agreement.
(3)In this section, "structures and installations" includes, but is not limited to, weirs, channels, pipelines, buildings, water gauging stations, and survey and geotechnical monitoring points.
29H.Water distribution works authority—BendigoRegionalPark
s. 19
(1)The Minister may grant an authority to a person to install, operate or manage works for the purposes of conveying water overany part of the land described in Division 1 of Part 4A of the Fifth Schedule.
(2)An authority under sub-section (1) may be granted for the term determined by the Minister.
(3)An authority under sub-section (1) is subject to—
(a)any conditions the Minister thinks fit to impose; and
(b)the payment of any fee or charge determined by the Minister.
(4)An authority under sub-section (1) may be cancelled by the Minister if the holder does not comply with a condition of the authority.
(5)The holder of an authority under sub-section(1) must not transfer the authority unless the holder has first obtained the consent of the Minister.
(6)Despite the commencement of section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, a person who was using works for the purposes of conveying water over any part of the land described in Division 1 of Part 4A of the Fifth Schedule immediately before the commencement of that section may continue to use those works for that purpose for 12months after the commencement of that section or until the Minister grants an authority under this section (whichever is the earlier).
(7)Any use of works under sub-section (6) is subject to the conditions that applied to that use immediately before the commencement of section 26(4) of the National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006.
29I.Dam licences—BendigoRegionalPark
s. 19
(1)The Minister may grant a licence to any person to use land for a dam on any part of the land described in Division 1 of Part 4A of the Fifth Schedule, if that land was used for a dam immediately before the commencement of section 26(4) of theNational Parks and Crown Land (Reserves) Acts (Amendment) Act 2006.
(2)A licence under sub-section (1) may be granted for a term of not more than 3 years.
(3)A licence under sub-section (1) is subject to—
(a)any conditions that the Minister thinks fit to impose; and
(b)the payment of any fee or charge determined by the Minister.
(4)A licence under sub-section (1) may be cancelled by the Minister if the holder does not comply with a condition of the licence.
(5)The holder of a licence under sub-section (1) must not transfer the licence unless the holder has first obtained the consent of the Minister.'.
20.Repeal of spent provisions
s. 20
Sections 33, 37, 38, 39 and 41 of the CrownLand (Reserves) Act 1978 are repealed.
21.Insertion of new section 43
After the heading to Division 2 of Part 6 of the CrownLand (Reserves) Act 1978insert—
"43.Reserve descriptions
Each area of land described in a Division of a Part of the Fifth Schedule may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.".
22.Insertion of new sections 47B and 47C
After section 47A of the CrownLand (Reserves) Act 1978insert—
"47B.Land in Part 4A of the Fifth Schedule deemed to be regional parks
Each area of land described in a Division of Part 4A of the Fifth Schedule is a regional park and is deemed to be permanently reserved under section 4 for public purposes being, in particular—
(a)to provide opportunities for informal recreation associated with the enjoyment of natural or semi-natural surroundings; and
(b)to protect and conserve biodiversity, natural and cultural features and water supply catchments; and
(c)for minor resource use that is not inconsistent with paragraphs (a) and (b).
47C.Land in Part 6 of the Fifth Schedule deemed to be water reserves
Each area of land described in a Division of Part 6 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, water supply purposes.".
23. Repeal of spent provisions
s. 23
(1)Section 48of the CrownLand (Reserves) Act 1978isrepealed.
(2)Section 50A of the CrownLand (Reserves) Act 1978 is repealed.
(3)Section 50B of the CrownLand (Reserves) Act 1978 is repealed.
24. Insertion of new Division 5 of Part 6
After Division 4 of Part 6 of the CrownLand (Reserves) Act 1978insert—
'Division 5—Further transitional provisions—2006 Act
51.Definition
In this Part "2006 Act" means the National Parks and CrownLand (Reserves) Acts (Amendment) Act 2006.
52.Cessation of interests and rights—regional parks
(1)On the commencement of section 26(4) of the 2006 Act—
(a) any reservation, under this or any other Act, of an area of land described in Division 1,2 or 3 of Part 4A of the Fifth Schedule that was in force immediately before that commencement is revoked; and
s. 24
(b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and
(c)that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement.