Parks and Crown Land Legislation Amendment Act 2012

Parks and Crown Land Legislation Amendment Act 2012

No. 7 of 2012

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the National Parks
Act1975

3Protection of access rights of freeholders in relation to certain parks

4Arthurs Seat chairlift lease

32CAArthurs Seat chairlift lease

5Secretary may consent to certain guns or other weapons being carried or used

6Exploration and mining licences

7Section 50C repealed

8Repeal of spent transitional provisions

9Part 3 of Schedule One AAA repealed

10Schedule One A amended

8Native Title not affected by the Parks and Crown
Land Legislation Amendment Act 2012

11Insertion of definitions in Schedule One AA

12Clause heading amended

13Amendment of transitional provision—forest produce

14Repeal of spent transitional provisions

15New Part inserted in Schedule One AA

Part 3—Parks and Crown Land Legislation Amendment Act 2012

9Apiary licences and rights—Lake Tyers State Park

10Tour operator licences—Lake Tyers State Park

11Rights to cease—reserved forest

12Continuation of lease—Lake Tyers State Park

13Rights to cease—roads

14Water frontage licence—Lake Tyers State Park

16Schedule Two amended

17Part 43 of Schedule Two amended

18Schedule Two B amended

19Schedule Three amended

Part 3—Amendments to the Crown Land
(Reserves) Act1978

20Repeal of duplicated requirements

21Second Schedule amended

22New Part of the Second Schedule inserted

Part 4—Parks and Crown Land Legislation Amendment Act2012

6Definition

7Savings of licences and other authorities

8Revocation of reservations, regulations and other interests

23Fourth Schedule repealed

24Amendment of the Fifth Schedule

Part 4—Amendment to the Forests Act 1958

25Consultation over works on protected public land

Part 5—Amendments to the Water Industry Act1994

26Management of reservoir parks land

27Section 137 repealed

Part 6—Repeal of amending Act

28Repeal of amending Act

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Endnotes

SectionPage

Victoria

SectionPage

Parks and Crown Land Legislation Amendment Act 2012[†]

No. 7 of 2012

[Assented to 6 March 2012]

Parks and Crown Land Legislation Amendment Act 2012
No. 7 of 2012

The Parliament of Victoriaenacts:

Part 6—Repeal of amending Act

Parks and Crown Land Legislation Amendment Act 2012
No. 7 of 2012

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the National Parks Act 1975 to createLake Tyers State Park and make additions of land to various existing parks; and

(b)to amend the National Parks Act 1975 to extend the maximum lease term for the Arthurs Seat chairlift lease; and

(c)to amend the National Parks Act 1975 to extend the period for the removal of residual firewood from Barmah National Park and Gunbower National Park and make other related amendments to that Act; and

(d) to amend the National Parks Act 1975 tochange the name of St Arnaud Range National Park to Kara Kara National Park and to make other amendments to that Act; and

(e)to amend the Crown Land (Reserves) Act 1978 to create Gippsland Lakes Reserve (Raymond Island), to reclassify Frankston Natural Features Reserve as a nature conservation reserve and to make additions of land to other existing reserves; and

(f)to make miscellaneous amendments to the Crown Land (Reserves)Act 1978, theForests Act 1958 and the Water Industry Act 1994.

2Commencement

s. 2

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2013, it comes into operation on that day.

______

Part 2—Amendments to the National Parks Act1975

3Protection of access rights of freeholders in relation to certain parks

s. 3

In section 30I(4)(b) of the National Parks Act 1975 for "or Part 37" substitute ", Part 37 or Part39".

4Arthurs Seat chairlift lease

For section 32CA of the National Parks Act 1975substitute—

"32CA Arthurs Seat chairlift lease

(1)After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 2 of Schedule Two B which is land—

(a)shown hatched on the plan lodged in the Central Plan Office and numbered N.P.36A; or

(b)delineated and coloured blue on that plan and is 6 metres or more above the land surface.

(2)The purpose of a lease under subsection (1) may be for the purposes of a chairlift and associated visitor facilities.

(3)A lease under subsection (1)—

(a)must be granted in writing; and

(b)must not be for a term of more than 21years; and

(c)is subject to any rent and other charges and terms and conditions determined by the Minister.

(4)Despite subsection (3)(b), the Minister may grant a lease under subsection (1) for a term of more than 21 years but not exceeding 50years if the Minister is satisfied that—

(a)the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and

(b)the granting of a longer term lease is in the public interest.".

5Secretary may consent to certain guns or other weapons being carried or used

s. 5

(1)In section 37(2) of the National Parks Act 1975 for "or Part 38" substitute "or in Parts 38 and 39".

(2)In section 37(8) of the National Parks Act 1975 after "numbered N.P. 70/4f" insert "and shown bordered red or coloured yellow on the plan lodged in the Central Plan Office and numbered N.P.70/1m".

6Exploration and mining licences

In section 40(1C) of the National Parks Act 1975 for "N.P.105A and N.P.105B" substitute "N.P.105A/3 and N.P.105B/1".

7Section 50C repealed

Section 50C of the National Parks Act 1975 is repealed.

8Repeal of spent transitional provisions

(1)Clause 4 of Schedule One AAAto the National Parks Act 1975 is repealed.

(2)Clause 5 of Schedule One AAAto the National Parks Act 1975 is repealed.

(3)Clause 6 of Schedule One AAAto the National Parks Act 1975 is repealed.

(4)Clause 7 of Schedule One AAAto the National Parks Act 1975 is repealed.

(5)Clause 8 of Schedule One AAAto the National Parks Act 1975 is repealed.

(6)Clause 9 of Schedule One AAAto the National Parks Act 1975 is repealed.

9Part 3 of Schedule One AAA repealed

s. 9

Part 3 of Schedule One AAAto the National Parks Act 1975 is repealed.

10Schedule One A amended

After clause 7 of Schedule One A to the National Parks Act 1975insert—

"8Native Title not affected by the Parks and Crown Land Legislation Amendment Act 2012

(1)The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2012are not intended to affect native title rights and interests.

(2)Subclause (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.".

11Insertion of definitions in Schedule One AA

In clause 1 of Schedule One AA to the National Parks Act 1975insert the following definitions—

"2012 Act means the Parks and Crown Land Legislation Amendment Act 2012;

2012 Act park commencement, in relation to an area of land described in a Part in a Schedule to this Act, the description of which is inserted or amended by a provision of the 2012 Act, means the commencement of the provision of the 2012 Act that so inserts or amends the description;".

12Clause heading amended

s. 12

In the heading to clause 2 of Schedule One AA to the National Parks Act 1975 for "Permits to cut and take away" substitute "Cuttingand taking away".

13Amendment of transitional provision—forest produce

(1)Clause 2(1) of Schedule One AA to the National Parks Act 1975 is repealed.

(2)Clause 2(2) of Schedule One AA to the National Parks Act 1975 is repealed.

(3)Clause 2(3) of Schedule One AA to the National Parks Act 1975 is repealed.

(4)Clause 2(4) of Schedule One AA to the National Parks Act 1975 is repealed.

(5)In clause 2(6) of Schedule One AA to the National Parks Act 1975 for "30 June 2011" substitute "30 June 2015".

(6)After clause 2(6) of Schedule One AA to the National Parks Act 1975insert—

"(6A) A person may cut and take away forest produce (being forest produce felled in accordance with an earlier licence) from any part of a designated area of a relevant park for use as firewood for domestic or camping purposes outside the park if it is cut and taken away in accordance with theconditions and the times determined by the Secretary.

(6B) The Secretary may from time to time determine the conditions and determine the times for the purposes of subclause (6A) by a determination published in the Government Gazette.

(6C) A person who acts under and in accordance with a determination under this clause does not commit an offence under this Act or the regulations.".

14Repeal of spent transitional provisions

s. 14

(1)Clause 9 of Schedule One AA to the National Parks Act 1975 is repealed.

(2)Clause 10 of Schedule One AA to the National Parks Act 1975 is repealed.

15New Part inserted in Schedule One AA

After Part 2 ofSchedule One AA to the National Parks Act 1975 insert—

"Part 3—Parks and Crown Land Legislation Amendment Act 2012

9Apiary licences and rights—Lake Tyers State Park

(1)Any licence or permit—

(a)granted under section 52 of the Forests Act 1958 to take honey on any part of the land described in Part 39 of Schedule Two B; and

(b)in force immediately before the 2012 Act park commencement for that land—

subject to the provisions of the Forests Act 1958, continues in force, on and after that commencement, until its expiry as a licence or permit granted under that Act.

(2)Any licence or right—

(a)granted under section 141, 147 or 149 of the Land Act 1958 for the purpose of a bee farm, a bee range area or an apiary on any part of the land described in Part39 of Schedule Two B; and

(b)in force immediately before the 2012 Act park commencement for that land—

s. 15

subject to the provisions of the Land Act 1958, continues in force, on and after that commencement, until its expiry as a licence or right granted under that Act.

10Tour operator licences—Lake Tyers State Park

(1)Any relevant licence granted in respect of any of the land described in Part 39 of Schedule Two B in force immediately before the 2012 Act park commencement for that land is taken to be a licence granted under section27D of the National Parks Act 1975 and continues in force, on and after that commencement, until its expiry.

(2)In this clause relevant licence means any licence to conduct an organised tour or recreational activity for profit granted under—

(a)section21B of the Crown Land (Reserves) Act 1978;

(b)section57F of the Forests Act 1958;

(c)section140I of the Land Act 1958.

11Rights to cease—reserved forest

(1)On the commencementof section 16(5) of the 2012 Act, the land that is delineated andcoloured green on the plan lodged in the Central Plan Office and numberedN.P.42A/1ceases to be reserved forest.

(2)On the 2012 Act park commencement for the land to which this subsection applies,the land that is delineated and coloured green or shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 121 ceases to be reserved forest.

12Continuation of lease—Lake Tyers State Park

s. 15

(1)Despitethe commencementof section 18(2) of the 2012 Act, the Vodafone lease continues in force on and after that commencement, subject to its terms and may continue to be dealt with as a lease under section 51 of the Forests Act 1958.

(2)In subclause (1), Vodafone lease means the lease granted under section 51 of the Forests Act 1958 to Vodafone Network Pty Ltd (ACN 081 918 461) dated to commence on 2September 2003 over Crown Allotment 2001, Section B, Parish of Colquhoun East.

13Rights to cease—roads

(1)On the 2012 Act park commencement for the land shown on each of the plans lodged in the Central Plan Office numbered N.P.42A/2,N.P.46A/6, N.P. 70/1k, N.P.70/1m, N.P.116B/1 orN.P. 121, the land delineated and coloured yellow on the planceases to be a road or part of a road or road reserve and 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, cease on that commencement.

(2)On the commencement of section 18(1) of the 2012 Act,each stratum of land that is 6metres or more above the land surface and that is delineated and coloured blue on a plan lodged in the Central Plan Office numbered N.P.36A ceases to be a road or part of a road or road reserve and 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, cease.

14Water frontage licence—Lake Tyers State Park

s. 15

Any licence—

(a)granted under section 130 of the Land Act 1958 to use a water frontage on any part of the land described in Part 39 of Schedule Two B; and

(b)in force immediately before the 2012 Act park commencement for that land—

subject to the provisions of the Land Act 1958, continues in force, on and after that commencement, until its expiry as a licence granted under the Land Act 1958.".

16Schedule Two amended

s. 16

(1)In Part 4 of Schedule Two to the National Parks Act 1975—

(a)for "N.P.20A/13" substitute "N.P.20A/14"; and

(b)omit ", excepting any land between high and low water mark forming part of the park described in Part 7 of Schedule Eight".

(2)In Part 8 of Schedule Two to the National Parks Act 1975—

(a)for "14 250 hectares" substitute "14365hectares"; and

(b)omit "or coloured yellow"; and

(3)In Part 10 of Schedule Two to the National Parks Act 1975—

(a)for "23 175 hectares" substitute "23210hectares"; and

(b)for "N.P. 8/9" substitute "N.P.8/10".

(4)In Part 15 of Schedule Two to the National Parks Act 1975—

(a)for "11 050 hectares" substitute "11160hectares"; and

(b)omit "or coloured yellow"; and

(d)for "Also excepted" substitute "Excepted from the park".

(5)In Part 30 of Schedule Two to the National Parks Act 1975—

(a)for "21 560 hectares" substitute "21650hectares"; and

(b)omit "or coloured green"; and

(6)In Part 34 of Schedule Two to the National Parks Act 1975—

(a)for "168 145 hectares" substitute "168235hectares"; and

s. 16

(b)omit "or coloured yellow"; and

(7)In Part 37 of Schedule Two to the National Parks Act 1975—

(a)for "661 375 hectares" substitute "661775hectares"; and

(b)after "N.P. 70/1j." insert "Notwithstanding the areas bordered blue, the park also includes the areas 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.".

(8)In Part 48 of Schedule Two to the National Parks Act 1975—

(a)for "9310 hectares" substitute "9320hectares"; and

(b)omit "or coloured green or coloured yellow"; and

(9)In Part 49 of Schedule Two to the National Parks Act 1975—

(a)for "14 655 hectares" substitute "14750hectares"; and

(b)for "N.P.116B" substitute "N.P.116B/1".

17Part 43 of Schedule Two amended

s. 17

(1)In the heading to Part 43 of Schedule Two to the National Parks Act 1975 for "ST ARNAUD RANGE" substitute "KARA KARA".

(2)In Part 43 of Schedule Two to the National Parks Act 1975for "N.P. 107/1" substitute "N.P.107/2".

18Schedule Two B amended

(1)In Part 2 of Schedule Two B to the National Parks Act 1975 after "N.P. 36/6" insert "and the strata of land which are 6 metres or more above the land surface delineated and coloured blueon the plan lodged in the Central Plan Office and numbered N.P.36A".

(2)After Part 38 of Schedule Two B to the National Parks Act 1975 insert—

"Part 39—Lake Tyers State Park

All those pieces and parcels of land containing 8645hectares, more or less, situate in the Parishes of Colquhoun, Colquhoun East, Ninnie, NowaNowa South, Tildesley East and Tildesley West, County of Tambo, being the land delineated and coloured pink or coloured green or coloured yellow in a plan lodged in the Central Plan Office and numbered N.P.121.".

19Schedule Three amended

s. 19

In Part 6 of Schedule Three to the National Parks Act 1975—

(a)for "17 610 hectares" substitute "17805hectares"; and

(b)for "N.P.46A/5" substitute "N.P.46A/6".

______

Part 3—Amendments to the Crown Land (Reserves) Act1978

20Repeal of duplicated requirements

s. 20

(1)Insert the following heading to section 20 of the Crown Land (Reserves) Act 1978—

"Procuring of forest produce on reserved land".

(2)Section 20(2) of the Crown Land (Reserves) Act 1978 is repealed.

(3)Section 20(3) of the Crown Land (Reserves) Act 1978 is repealed.

21Second Schedule amended

(1)Clause 3 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.

(2)Clause 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.

22New Part of the Second Schedule inserted

After Part 3 of the Second Scheduleto the Crown Land (Reserves) Act 1978 insert—

"Part 4—Parks and Crown Land Legislation Amendment Act2012

6Definition

In this Part—

affected land means—

(a)the area of land described in Division 3 of Part 5 of the Fifth Schedule; or

(b)thearea of the land described in Division 1 of Part 7 of the Fifth Schedule that is the area delineated and hatched in the plans lodged in the Central Plan Office and numbered LEGL./11031, LEGL./11-032, LEGL./11-033, LEGL./11-034 and LEGL./11-035; or

(c)thearea of the land described in Division 3 of Part 4A of the Fifth Schedule that is delineated and hatched in the plan lodged in the Central Plan Office and numbered LEGL./11187;

relevant commencement, in relation to an area of affected land, means the commencement of the provision of the Parks and Crown Land Legislation Amendment Act 2012 that inserts the description of that area of land in Fifth Schedule.

7Savings of licences and other authorities

s. 22

Despite anything to the contrary in this Act, any licence, permit or other authority over any area or part of an area ofaffected landthat was granted or issued under this Act, the Forests Act 1958, the Geothermal Energy Resources Act 2005, the Land Act 1958, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 and that was in force immediately before the relevant commencement for that area of affected land continues in force on and after that commencement, subject to its terms and conditions and the provisions of the Act under which it was granted or issued.

8Revocation of reservations, regulations and other interests

(1)On the relevant commencement for an area of affected land—

(a)any reservation, under this or any other Act, over the whole or a part of the areathat was in force immediately before the commencement is revoked; and

(b)any regulations made under section 13 of this Act that applied tothe whole or a part of the area immediately before the relevant commencement are revoked in so far as they so apply; and

s. 22

(c)subject to clause 7, theareais taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of the area immediately before the relevant commencement.

(2)On the relevant commencement foran area ofaffected land that is delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./11031or on the plan lodged in the Central Plan Office and numberedLEGL./11188, anarea ceases to be a road or part of a road or a road reserve 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.".