Parks and Crown Land Legislation (Mount Buffalo) Act 2010

VersionNo. 002

Parks and Crown Land Legislation (Mount Buffalo) Act 2010

No. 35 of 2010

Versionas at
21 August 2010

table of provisions

SectionPage

1

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the National Parks
Act1975

3Definitions

4Section 31AA substituted

31AALeases in Mount Buffalo National Park

5New section 31AAB inserted

31AABLicences associated with lease—Mount Buffalo NationalPark

6Fishing offences in marine national parks and marine sanctuaries

7Approval to remain in Point Hicks Marine National Park

8Proceedings and enforcement under Division 2 of Part V

9Amendment to Schedule One AAA

Part 3—Parks and Crown Land Legislation (Mount BUffalo) Act 2010

10Rights to cease—roads

10Amendment of Schedule One A

7Native Title not affected by the Parks and Crown LandLegislation (Mount Buffalo) Act2010

11Amendment of Schedule Two

12Amendment of Schedule Three

13Amendment of Schedule Four

14Repeal of spent provisions—National Parks Act 1975

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

15Statute law revision—Crown Land (Reserves) Act1978

16Definition—Second Schedule

17Insertion of Part 3 of Second Schedule

Part 3—2010 Mount Buffalo Act

5Revocation of reservations, regulations and other interests

18Amendment of Fifth Schedule

Part 4—Revocation of Reservations

19Revocation of reservation—Corio Bay, Geelong

20Revocation of reservations—Shepparton Showgrounds
Reserve

21Revocation of reservations—North Park Recreation Reserve, Swan Hill

22Consequences of revoking reservations under this Part

23Registrar of Titles to make amendments necessary

Part 5—General

24Statute law revision

25Repeal of amending Act

______

SCHEDULES

SCHEDULE 1—Land in Respect of Which Reservations are
Revoked

1Corio Bay, Geelong

2Corio Bay—Temporary Reservation 1

3Corio Bay—Temporary Reservation 2

4Shepparton Showgrounds Reserve—Parcel 1

5Shepparton Showgrounds Reserve—Parcel 2

6North Park Recreation Reserve, Swan Hill

SCHEDULE 2—Corio Bay, Geelong

SCHEDULE 3—Shepparton Showgrounds Reserve—Parcel1

SCHEDULE 4—Shepparton Showgrounds Reserve—Parcel2

SCHEDULE 5—North Park Recreation Reserve, Swan Hill

SCHEDULE 6—Statute Law Revision

1Crown Land Acts Amendment (Lease and Licence Terms) Act2009

2Forests Act 1958

3Sustainable Forests (Timber) Act2004

4Transfer of Land Act1958

═══════════════

ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

1

VersionNo. 002

Parks and Crown Land Legislation (Mount Buffalo) Act 2010

No. 35 of 2010

Versionas at
21 August 2010

1

Part 2—Amendments to the National Parks Act 1975

Parks and Crown Land Legislation (Mount Buffalo) Act 2010
No. 35 of 2010

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the National Parks Act 1975 to extend the maximum lease term for land in the MountBuffaloNational Park;

(b)to amend the National Parks Act 1975 and the Crown Land (Reserves) Act 1978 to make further provision for certain parks and reserves and for fishing offences in marine national parks and marine sanctuaries;

(c)to revoke certain permanent reservations;

(d)to make minor amendments to other Acts.

2Commencement

(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 30 June 2011, it comes into operation on that day.

______

Part 2—Amendments to the National Parks Act1975

3Definitions

s. 3

See:
Act No.
8702.
Reprint No. 12
as at
14 February 2008
and amending
Act Nos
38/1989, 54/2008, 61/2008, 6/2009, 40/2009, 48/2009, 82/2009, 90/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au

In section 3(1) of the National Parks Act 1975 insert the following definitions—

"commercial fishing equipment has the same meaning as in the Fisheries Act 1995;

rock lobster has the same meaning as in the Fisheries Act 1995;

Rock Lobster Fishery Access Licence has the same meaning as under the Fisheries Act 1995;

rock lobster pot has the same meaning as under the Fisheries Act 1995;".

4Section 31AA substituted

For section 31AA of the National Parks Act 1975 substitute—

"31AA Leases in MountBuffaloNational Park

(1)After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 17 of Schedule Two which is shown hatched on the plans lodged in the Central Plan Office and numbered LEGL./10-107, LEGL./10108 and LEGL./10-109.

(2)A lease under subsection (1) must be for a purpose or purposes which the Minister considers are not detrimental to the protection of the park, including its historic, indigenous, cultural, natural and landscape features.

(3)Subject to subsection (2), the purpose of a lease under subsection (1) may be for the occupation of buildings or the construction and occupation of buildings, including buildings providing accommodation, but not for the purpose of industrial or residential use.

(4)A lease under subsection (1)—

s. 4

(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.

(5)Despite subsection (4)(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.".

5New section 31AAB inserted

s. 5

After section 31AA of the National Parks Act 1975 insert—

"31AAB Licences associated with lease—Mount Buffalo National Park

(1)Where land is leased to a person under section 31AA, the Minister may grant a licence to that person to use any land, building, improvements or works in the area of the park described in Part 17 of Schedule Two which is shown hatched on the plans lodged in the Central Plan Office and numbered LEGL./10-107, LEGL./10-108 and LEGL./10-109 or any land, building, improvement or works that is in the vicinity of that area.

(2)A licence under subsection (1)—

(a)must be for the same or a related purpose to the purpose for which the land is leased; and

(b)must be granted in writing; and

(c)may be for the whole or part of the term of the lease; and

(d)is subject to any fees and other charges and terms and conditions determined by the Minister.".

6Fishing offences in marine national parks and marine sanctuaries

s. 6

(1)After section 45A(2A) of the National Parks Act 1975 insert—

"(2B)A person must not, in a marine national park or a marine sanctuary, use commercial fishing equipment.

Penalty:200 penalty units or 12 months imprisonment or both, in the case of a natural person.

400 penalty units, in the case of a body corporate.".

(2)After section 45A(5) of the National Parks Act 1975 insert—

"(5A)Subsection (5) does not apply to a person who—

(a)is in possession or in charge of a boat that is specified in a Rock Lobster Fishery Access Licence and that is carrying rock lobster; and

(b)is acting under and in accordance with that licence.".

(3)After section 45A(6B) of the National Parks Act1975 insert—

"(6C)A person must not, in a marine national park or a marine sanctuary—

(a)anchor or moor a boat that is in his or her possession or charge; or

(b)allow a boat that is in his or her possession or charge to remain anchored or moored—

if that boat is carrying one or more rock lobster pots.

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.".

(4)After section 45A(8) of the National Parks Act 1975 insert—

"(9)In this section, use includes attempt to use or assist in the use of.".

7Approval to remain in PointHicksMarineNational Park

s. 7

In section 45B(1) of the National Parks Act 1975, for "45A(5) does" substitute "45A(5) and(6C) do".

8Proceedings and enforcement under Division 2 of Part V

In section 45C of the National Parks Act 1975, after "Part 7" insert "and section 130".

9Amendment to Schedule One AAA

After Part 2 of Schedule One AAA to the National Parks Act1975 insert—

"Part 3—Parks and Crown Land Legislation (MountBUffalo) Act 2010

10Rights to cease—roads

(1)On the commencement of this subsection, any area of land that is delineated and coloured yellow on a plan lodged in the Central Plan Office numbered N.P.89/3 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 on that commencement.

(2)An area of land that becomes part of a park on the commencement of section 12(2) of the Parks and Crown Land Legislation (Mount Buffalo) Act 2010 and that is delineated and coloured yellow on a plan lodged in the Central Plan Office numbered N.P.46C/6 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 on that commencement.".

10Amendment of Schedule One A

s. 10

After clause 6 in Schedule One A to the National Parks Act 1975 insert—

"7Native Title not affected by the Parks and CrownLand Legislation (MountBuffalo) Act2010

(1)The amendments made to this Act by the Parks and CrownLand Legislation (MountBuffalo) Act 2010 are 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.".

11Amendment of Schedule Two

s. 11

(1)In Part 10 of Schedule Two to the National Parks Act1975—

(a)for "22 430 hectares" substitute "23175hectares"; and

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

(2)In Part 28 of Schedule Two to the National Parks Act1975—

(a)for "88 560 hectares" substitute "88500hectares"; and

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

(c) for "N.P. 30/7" substitute "N.P. 30/8".

(3) In Part 31 of Schedule Two to the National Parks Act1975—

(a)for "103 185 hectares" substitute "103195hectares"; and

(b)for "N.P. 111A/2" substitute "N.P. 111A/3"; and

(c)for "N.P. 111E/1" substitute "N.P. 111E/2".

(4)In Part 40 of Schedule Two to the National Parks Act 1975—

(a)for "5925 hectares" substitute "6390hectares"; and

(b)for "N.P. 84/3" substitute "N.P. 84/4".

(5) In Part 41 of Schedule Two to the National Parks Act1975—

(a)for "17 175 hectares" substitute "17340hectares"; and

(b)for "N.P. 105A/2" substitute "N.P. 105A/3".

12Amendment of Schedule Three

s. 12

(1)In Part 1 of Schedule Three to the National Parks Act1975, for "N.P. 38A/4" substitute "N.P.38A/5".

(2)In Part 6 of Schedule Three to the National Parks Act1975—

(a)for "17 600 hectares" substitute "17610hectares"; and

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

13Amendment of Schedule Four

In the note to Part 8 of Schedule Four to the National Parks Act1975—

(a)for "7560 hectares" substitute "7585hectares"; and

(b)for "N.P. 109A/3" substitute "N.P. 109A/4".

14Repeal of spent provisions—National Parks Act 1975

(1)Section 70 of the National Parks Act1975 is repealed.

(2)Sections 71 and 72 of the National Parks Act1975 are repealed.

(3)Section 73 of the National Parks Act 1975 is repealed.

______

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

See:
Act No.
9212.
Reprint No. 9
as at
15 January 2009
and amending
Act Nos
64/2004, 6/2009, 40/2009, 68/2009, 82/2009, 90/2009 and 6/2010.
LawToday:
www.
legislation.
vic.gov.au

15Statute law revision—CrownLand (Reserves) Act1978

s. 15

In section 15(9) of the CrownLand (Reserves) Act 1978, for "determines; or" substitute "determines.".

16Definition—Second Schedule

In clause 1 of Part 1 of the Second Schedule to the CrownLand (Reserves) Act1978, insert the following definition—

"2010 MountBuffalo Act means the Parks and CrownLand Legislation (MountBuffalo) Act 2010;".

17Insertion of Part 3 of Second Schedule

After Part 2 of the Second Schedule to the CrownLand (Reserves) Act 1978 insert—

"Part 3—2010 MountBuffalo Act

5Revocation of reservations, regulations and other interests

On the commencement of section 18 of the 2010 Mount Buffalo Act—

(a)any reservation, under this or any other Act, over any part of—

(i)the lands shown hatched on the plans lodged in the Central Plan Office and numbered N.P.109A/4 and LEGL./10103; and

(ii)Crown allotments 2035, 2036 and 2040, Parish of Barwon Downs—

that was in force immediately before that commencement is revoked; and

(b)any regulations made under section 13 that applied to the land immediately before that commencement are revoked in so far as they apply to the land; and

(c)the 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.".

18Amendment of Fifth Schedule

s. 18

(1)In Division 1 of Part 2 of the Fifth Schedule to the CrownLand (Reserves) Act 1978—

(a)for "7560 hectares" substitute "7585hectares"; and

(b)for "N.P. 109A/3" substitute "N.P. 109A/4".

(2)In Division 5 of Part 3 of the Fifth Schedule to the CrownLand (Reserves) Act 1978, for "LEGL./06065" substitute "LEGL./10103".

(3)For Division 1 of Part 7 of the Fifth Schedule to the CrownLand (Reserves) Act 1978, substitute—

s. 18

"Division 1—Otway Forest Park

The land delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./08-015, LEGL./09-386, LEGL./10-104, LEGL./10-105 and LEGL./10106.".

______

Part 4—Revocation of Reservations

19Revocation of reservation—CorioBay, Geelong

s. 19

(1)The Order in Council specified in item 1 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule2.

(2)The revocation of the part of the Order in Council by subsection (1) is taken not to affect—

(a)any interest of the Sisters of Mercy Association (ABN:68311734138) described in Volume 09293 Folio 574 of the Register in Lots1 and2 as shown on the plan lodged in the Central Plan Office and numbered LEGL./10009; or

(b)the temporary reservations specified in items 2 and 3 of Schedule 1 and the appointment of any committee of management of land subject to those reservations.

20Revocation of reservations—Shepparton Showgrounds Reserve

(1)The Order in Council specified in item 4 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule3.

(2)The Order in Council specified in item 5 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule4.

21Revocation of reservations—North Park Recreation Reserve, Swan Hill

s. 21

The Order in Council specified in item 6 of Schedule 1 is revoked to the extent that it applies to the land shown hatched on the plan in Schedule5.

22Consequences of revoking reservations under this Part

Subject to section 19(2), on the revocation by this Part of an Order in Council reserving land—

(a)that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c)the appointment of any trustee of the land is revoked to the extent that the appointment relates to that land; and

(d)any regulations under section 13 of the CrownLand (Reserves) Act 1978 are revoked to the extent that they apply to that land.

23Registrar of Titles to make amendments necessary

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.

______

Part 5—General

24Statute law revision

s. 24

An Act specified in the heading to an item in Schedule 6 is amended as set out in that item.

25Repeal of amending Act

Parts 2, 3 and 5 and Schedule 6 are repealed on 30June 2012.

Note

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

______

SCHEDULES

SCHEDULE 1

Sch. 1

Sections 19, 20 and 21

Land in Respect of Which Reservations are Revoked

1CorioBay, Geelong

Situation and area of land: / Parish of Moorpanyal, 2·6hectares more or less, being the area between the high and low water marks along the Corio Bay foreshore at Geelong.
Instrument and date of reservation: / Order in Council dated 26 May 1873.
Description of land by reference to Government Gazette: / Government Gazettes dated 15November 1872, page 2086 and 13 June 1873, page 1059.
Purpose of reservation: / Public Purposes.
Extent of revocation: / The land shown hatched on the plan in Schedule 2.

2CorioBay—Temporary Reservation 1

Situation and area of land: / Parish of Moorpanyal, 0·73hectares more or less, being part of Crown Allotment 58A, the unappropriated Crown land on the CorioBay foreshore.
Instrument and date of reservation: / Order in Council dated 19January 1999.
Description of land by reference to Government Gazette: / Government Gazette dated 21January 1999, page 127.
Purpose of reservation: / Public purposes.

3CorioBay—Temporary Reservation 2

Situation and area of land: / Parish of Moorpanyal, 1·4hectares more or less, being part of Crown Allotment 56F.
Instrument and date of reservation: / Order in Council dated 24 June 1997.
Description of land by reference to Government Gazette: / Government Gazette dated 1 July 1997, page 6.
Purpose of reservation: / Public purposes.

4Shepparton Showgrounds Reserve—Parcel 1

Sch. 1

Situation and area of land: / Parish of Shepparton, 0·255hectares, being Crown Allotment 2004 at Shepparton.
Instrument and date of reservation: / Order in Council dated 1 July 1889.
Description of land by reference to Government Gazette: / Government Gazettes dated 23May 1889, page 1722 and 5July 1889, page2395.
Purpose of reservation: / Show Yards of the Shepparton Amalgamated Agricultural, Horticultural, and Pastoral Society.
Extent of revocation: / The land shown hatched on the plan in Schedule 3.

5Shepparton Showgrounds Reserve—Parcel 2

Situation and area of land: / Parish of Shepparton, 370square metres, being Crown Allotment 2005 at Shepparton.
Instrument and date of reservation: / Order in Council dated 11January 1910.
Description of land by reference to Government Gazette: / Government Gazettes dated 8December 1909, page 5290 and 19 January 1910, page 296.
Purpose of reservation: / Show Yards.
Extent of revocation: / The land shown hatched on the plan in Schedule 4.

6North Park Recreation Reserve, Swan Hill

Sch. 1

Situation and area of land: / Parish of Castle Donnington, 1·762hectares, being Crown Allotment 2021 at Swan Hill.
Instrument and date of reservation: / Order in Council dated 24February 1931.
Description of land by reference to Government Gazette: / Government Gazettes dated 28January 1931, page281 and 4March 1931, page732.
Purpose of reservation: / PublicPark and Recreation.
Extent of revocation: / The land shown hatched on the plan in Schedule 5.

______

SCHEDULE 2

Sch. 2

CorioBay, Geelong

______

SCHEDULE 3

Sch. 3

Shepparton Showgrounds Reserve—Parcel1

______

SCHEDULE 4

Sch. 4

Shepparton Showgrounds Reserve—Parcel2

______

SCHEDULE 5

Sch. 5

NorthPark Recreation Reserve, Swan Hill

______

SCHEDULE 6

Sch. 6

Section 24

Statute Law Revision

1CrownLand Acts Amendment (Lease and Licence Terms) Act2009

In section 40, for "After section 75" substitute "At the end of Part IX".

2Forests Act 1958

In section 18A(3A), for "section 52(1)(a)(iv), (v), (vi) or (vii)" substitute "section 52(1A)(d), (e), (f) or(g)".

3Sustainable Forests (Timber) Act2004

(1)For the heading to section 22 substitute—

"Minister's and Secretary's powers and functions not affected by order".

(2)In section 22, for "the Secretary" substitute
"the Minister or the Secretary".

(3)In section 26, for "the Secretary" substitute
"the Minister or the Secretary".

(4) For section 26(d) substitute—

"(d)the powers in section52(5) of that Act to suspend a transferred licence (east);

(da)if the cancellation is approved by the Minister for Agriculture, the powers in section 52(5) of that Act to cancel a transferred licence (east);".

(5) In section 45(2)(b)(ii), omit "by the Secretary".

4Transfer of Land Act1958

Sch. 6

In section 128A, for "128A" substitute "131".

═══════════════

ENDNOTES

Endnotes

1.General Information

Minister's second reading speech—

Legislative Assembly: 6 May 2010

Legislative Council: 27 May 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the CrownLand (Reserves) Act 1978 and the National Parks Act 1975, to revoke certain permanent reservations, to make minor amendments to other Acts and for other purposes."