Forests and National Parks Acts (Amendment) Act 2003 (Vic)

Forests and National Parks Acts (Amendment) Act

2003

ts	Act No. 97/2003
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u	TABLE OF PROVISIONS
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o	Section	Page
D	PART 1—PRELIMINARY	1

ry	1.	Purposes	1
ta	2.	Commencement	2

n	PART 2—AMENDMENTS TO THE FORESTS ACT 1958 AND
e	THE CONSERVATION, FORESTS AND LANDS ACT 1987 3

m	3.	Business of the Secretary	3
ia	4.	Long-term hardwood sawlog supply levels	3
rl	5.	Incorporation of documents	3
a	6.	Delegation of powers to VicForests	4
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PART 3—AMENDMENTS TO THE NATIONAL PARKS

d	ACT 1975 AND THE FISHERIES ACT 1995	5
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a	7.	Amendment of definition of Central Plan Office	5
8.	Amendment of native title provision	5
n	9.	Amendment of description of Port Campbell National Park	5
o	10.	Amendment of descriptions of parks in Schedule Seven	6
ti	11.	Amendment of compensation provision—Fisheries Act 1995	6

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is	ENDNOTES	7
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o	Victoria
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n	No. 97 of 2003
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ia	Forests and National Parks Acts
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a	(Amendment) Act 2003
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[Assented to 2 December 2003]

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ti	The Parliament of Victoria enacts as follows:
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n	PART 1—PRELIMINARY
a
ri	1. Purposes
to	The main purposes of this Act are—
ic	(a) to amend the Forests Act 1958 to provide
V	for supply of hardwood sawlog levels not to exceed total sustainable yield rates; and

Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Part 1—Preliminary

s. 2

(b) to make amendments to the Forests Act 1958 relating to the administration of the Act

ts	and regulation-making powers; and
n	(c) to amend the Conservation, Forests and
e	Lands Act 1987 to provide for delegation of
m	certain powers to VicForests; and
u	(d) to amend the National Parks Act 1975 to
c	make further provision in relation to the
o	boundaries of certain parks; and
D

(e) to make other minor amendments to the

ry	National Parks Act 1975 and the Fisheries
ta	Act 1995.
n	2. Commencement
e
m	This Act comes into operation on the day after the
ia	day on which it receives the Royal Assent.
rl	__________________
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Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Part 2—Amendments to the Forests Act 1958 and the Conservation, Forests

s. 3

and Lands Act 1987

PART 2—AMENDMENTS TO THE FORESTS ACT 1958 AND

THE CONSERVATION, FORESTS AND LANDS ACT 1987

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n 3. Business of the Secretary

e	Section 5(2) of the Forests Act 1958 is repealed.	See: Act No.
m	6254.
u	Reprint No. 8
c	as at
1 January
o	2003.
D	LawToday:
ry	dpc.vic. gov.au
ta

n	4. Long-term hardwood sawlog supply levels
e

(1) In section 52A(1) of the Forests Act 1958, for

m

ia	"equals or is within the permitted margin of"
rl	substitute "does not exceed".
a	(2) Section 52A(2) of the Forests Act 1958 is
P	repealed.
d	5. Incorporation of documents
n
a	At the end of section 99A of the Forests Act 1958
n	insert—
o
ti	"(2) Regulations made under this Act may apply,

adopt or incorporate any matter contained in

la	any document, code, standard, rule,
is	specification or method, formulated, issued,
g	prescribed or published by any other person,
e	whether—
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(a) wholly or partially or as amended by

n	the regulations; or
a
ri	(b) as formulated, issued, prescribed or
to	published at the time the regulations are
ic	made or at any time before then; or

V (c) as formulated, issued, prescribed or published from time to time.".

Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Part 2—Amendments to the Forests Act 1958 and the Conservation, Forests

s. 6

and Lands Act 1987

6. Delegation of powers to VicForests

See:	(1) In section 3 of the Conservation, Forests and
Act No.

ts	41/1987.	Lands Act 1987 insert the following definition—
Reprint No. 5
n	as at	' "VicForests" means the State body known as
e	17 June 2003. LawToday:	"VicForests" established under section 14 of
m		the State Owned Enterprises Act 1992 by
u	dpc.vic.
gov.au	Order in Council dated 28 October 2003
c	published in the Government Gazette on
o	28 October 2003;'.
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(2) In section 11(1) of the Conservation, Forests

ry	and Lands Act 1987—
ta	(a) in paragraph (d), for "Corporation."
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e	substitute "Corporation; or";

(b) after paragraph (d) insert—

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ia	"(e) VicForests or an employee of
rl	VicForests.".
a	(3) In section 11(2) of the Conservation, Forests
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and Lands Act 1987—

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n	(a) in paragraph (e) for "Corporation."
a	substitute "Corporation; or";
n	(b) after paragraph (e) insert—
o
ti	"(f) VicForests or an employee of
la	VicForests.".
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Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Part 3—Amendments to the National Parks Act 1975 and the Fisheries Act

s. 7

1995

PART 3—AMENDMENTS TO THE NATIONAL PARKS

ACT 1975 AND THE FISHERIES ACT 1995

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n 7. Amendment of definition of Central Plan Office

e	In the definition of "Central Plan Office" in	See: Act No.
m	section 3(1) of the National Parks Act 1975, for	8702.
u	"Department of Natural Resources and	Reprint No. 9
c	as at
o	Environment" substitute "Department of	16 November
Sustainability and Environment".	2002
D	and amending
ry	8. Amendment of native title provision	Act No. 38/1989.
ta	For section 48A(2) of the National Parks Act	LawToday:
1975 substitute—
n	dpc.vic.
e	gov.au
"(2) The amendments made to this Act by the

m	Forests and National Parks Acts
ia	(Amendment) Act 2003 are not intended to
rl	affect native title rights and interests.
a	(2A) Sub-sections (1) and (2) do not apply in any
P	case where native title rights and interests
d	are—
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a	(a) affected; or
n	(b) authorised to be affected—
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ti	by or under the Native Title Act 1993 of the
la	Commonwealth.".

is	9.	Amendment of description of Port Campbell
g	National Park

e	In Part 21 of Schedule Two to the National Parks
L	Act 1975—
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(a) for "N.P. 16/3" substitute "N.P. 16/4"; and

(b) omit "between high water mark and low

to	water mark".
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Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Part 3—Amendments to the National Parks Act 1975 and the Fisheries Act

s. 10

1995

10.  Amendment of descriptions of parks in Schedule Seven

ts	(1) In Part 2 of Schedule Seven to the National Parks
n	Act 1975, for "M.N.P. 13" substitute "M.N.P.
e	13/1".
m	(2) In Part 4 of Schedule Seven to the National Parks
u	Act 1975, for "M.N.P. 3/1" substitute "M.N.P.
c	3/2".
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D	(3) In Part 8 of Schedule Seven to the National Parks

Act 1975, for "M.N.P. 7" substitute "M.N.P.

ry	7/1".
ta	(4) In Part 11 of Schedule Seven to the National
n	Parks Act 1975, for "M.N.P. 10/1" substitute
e	"M.N.P. 10/2".
m	See:
ia	Act No.

11. Amendment of compensation provision—Fisheries

rl	92/1995.	Act 1995
Reprint No. 3
a	as at	In section 165(1) of the Fisheries Act 1995—
P	16 November

2002	(a) in paragraph (c), after "2002" insert "or the
d	and
amending	Forests and National Parks Acts
n	Act Nos	(Amendment) Act 2003";
a	80/2000, 17/2002,
n	24/2003 and

(b) in paragraph (d)—

o	56/2003.
ti	LawToday:  (i) for "created" substitute "as effected";
la	(ii) after "2002" insert "or the Forests
dpc.vic.

is	gov.au	and National Parks Acts
g	(Amendment) Act 2003".

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Forests and National Parks Acts (Amendment) Act 2003

Act No. 97/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 30 October 2003
e
Legislative Council: 25 November 2003
m
u	The long title for the Bill for this Act was "to amend the Forests Act
c	1958 to provide for supply of hardwood sawlog levels not to exceed total
o	sustainable yield rates and to make amendments to that Act relating to the
D	administration of the Act and regulation-making powers, to amend the Conservation, Forests and Lands Act 1987 to provide for the delegation
ry	of certain powers to VicForests, to amend the National Parks Act 1975
ta	to make further provision in relation to the boundaries of certain parks
and to make other minor amendments to that Act and the Fisheries Act
n	1995 and for other purposes."
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