National Parks Act 1975 (Vic)

Version No. 181

National Parks Act 1975

No. 8702 of 1975

Version incorporating amendments as at

31 March 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title and commencement

3Definitions

4Objects of Act

4AApplication of Road Management Act 2004

4BTransport Integration Act 2010

4CFilming Approval Act 2014

4DTraditional owner agreement for natural resources

Part II—Administration

10National Parks Advisory Council

11Functions of National Parks Advisory Council

13Members of National Parks Advisory Council

16Certain offices deemed not to be office of profit under Crown

16AManagement agreements with Traditional Owner Land Management Boards

16BLand to be managed consistently with joint management plan

Part IIA—Great Ocean Road Coast and Parks Authority—land management

16CAppointment of Great Ocean Road Coast and Parks Authority as land manager

16DManagement agreements with Parks Victoria

16EGreat Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria

16FGreat Ocean Road Coast and Parks Authority's performance and exercise of functions and powers

Part III—National parks, State parks and other parks

Division 1—National parks and State parks

17National parks and State parks

Division 1A—Wilderness parks

17AWilderness parks—Schedule Two A

17BManagement plans

17CProhibition on development and other activities

Division 1B—Marine national parks and marine sanctuaries

17DMarine national parks and marine sanctuaries

Division 1C—Landscape conservation areas

17ELandscape conservation areas

17FManagement and control of landscape conservation areas by Parks Victoria

Division 2—Other parks

18Other parks

Division 3—General provisions

19Powers of Minister

19AAManagement of land prior to its reservation

19AManagement agreements with Trust for Nature

19BParks Victoria to manage reserved land

19CMinister may make management agreements with public authorities

19DMinister may make agreements with other States

19ELeasing and managing of land adjacent to parks

19FOrder that land to be treated as a park for certain purposes

19GPower of Minister to grant leases not exceeding 21 years

19KPower of Minister to grant licences associated with leases

20Powers of Parks Victoria and Great Ocean Road Coast and Parks Authority

20AObligations of Secretary and Parks Victoria in relation to Yarra River land

20BObligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas

20CObligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

21Parks Victoria and Great Ocean Road Coast and Parks Authority may grant certain permits etc.

21APermits to take fish or fishing bait for research in marine national parks and marine sanctuaries

21BRemote and natural areas

21CProtection of remote and natural areas

21DManagement of remote and natural areas

22Zones in parks

22AWilderness zones—General

22BNavigation lights—Sandpatch and Wilsons Promontory wilderness zones

22DDeer hunting in some wilderness zones

23Permanent works that may be carried out in parks

24Maintenance works to be carried out in parks

25Certain works may be carried out on foreshore etc. adjacent to parks

25AContinuation of existing uses

25BHarvesting of a pine plantation in Lake Eildon National Park

26ATenancies or licences for certain purposes

27Rights of public authorities in respect of parks

27AAgreement with electricity company

27BNative title not to be affected by amendments

27BAParks Victoria must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park

27BBParks Victoria or Great Ocean Road Coast and Parks Authority must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area

27BCParks Victoria or Great Ocean Road Coast and Parks Authority must have regard to an approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park

Division 3A—Tour operator licences

27COffence to conduct organised tour or recreational activity in a park if unlicensed

27DGrant of tour operator licence

27EApplication for tour operator licence

27FRequirement to pay annual fees after grant of tour operator licence

27GTour operator licence conditions

27HContravention of condition an offence

27IVariation of tour operator licence

27JSuspension of tour operator licence

27KMaking submissions on suspension

27LCancellation of tour operator licence

Division 4—Special provisions relating to particular parks

28Introduction or use of cattle in specific parks

29Wilsons Promontory National Park

29ALighthouse leases—Wilsons Promontory National Park

29BLighthouse leases—Great Otway National Park

30Point Nepean National Park

30AAALeases in Point Nepean National Park

30AAACPower of Minister to grant leases more than 21 years but not exceeding 50 years—Point Nepean National Park

30AABLicences associated with lease—Point Nepean National Park

30AACGeneral licences—Point Nepean National Park

30AOperations in the Alpine National Park

30AALease or licence to a generation company—Alpine National Park

30ABAgreement with a generation company—Alpine National Park

30BProtection of access rights of freeholders in Alpine National Park

30BARights to move cattle through the Alpine National Park

30CProtection of life occupancies in Alpine National Park

30DProtection of access rights to Murray–Sunset National Park

30EChange of name of Murray–Sunset National Park

30FAccess rights—French Island National Park

30GWater distribution works authority in relation to certain parks

30HDam licences—Greater Bendigo National Park, Castlemaine Diggings National Heritage Park

30IProtection of access rights of freeholders in relation to certain parks

30JProtection of access rights of freeholders in Mitchell River National Park

30KRight to move cattle or sheep through Heathcote-Graytown National Park and Broken-Boosey State Park

30LRight to move cattle through Barmah National Park

30MWorks under water licences for certain parks

31Croajingolong National Park

31AALeases in Mount Buffalo National Park

31AABBPower of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park

31AABLicences associated with lease—Mount Buffalo National Park

31ABLease of O'Shannassy Lodge—Yarra Ranges National Park

32AAGlenample Homestead

32ABTenancy of Rover Scout Chalet

32ACProtection of access rights of freeholders in Croajingolong National Park and Snowy River National Park

32AFProtection of access rights of freeholders in Wyperfeld National Park

32AHProtection of access rights of freeholders in Yarra Ranges National Park

32BTenancies for surf lifesaving club purposes

32CAArthurs Seat chairlift lease

32CCPower of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease

32DAuthorities to search for minerals in certain parks

32FAAProtection of access rights of freeholders in Cathedral Range State Park

32HProtection of designated water supply catchment areas and their water resources

32IManagement agreements with managing water authorities

32JAccess to property in designated water supply catchment areas

32KControl and management of structures and installations in designated water supply catchment areas

32LExtraction of forest produce from Kinglake National Park and Yarra Ranges National Park

32MDetermination of disputes

32NRestricted areas in designated water supply catchment areas

32NAManagement agreement with Barwon Water—Brisbane Ranges National Park

32OAccess rights—French Island Marine National Park

32RDrainage licences—Cobboboonee National Park

32SRehabilitation works—Great Otway National Park

32TAccess rights—Yallock–Bulluk Marine and Coastal Park

Part IV—General

33Rents etc. to be paid into the Consolidated Fund

35Annual report

36Seizure and forfeiture of guns and other weapons

37Parks Victoria or the Great Ocean Road Coast and Parks Authority may consent to certain guns or other weapons being carried or used

37AAParks Victoria or Great Ocean Road Coast and Parks Authority may consent to weapons other than guns being carried through parks

37AParks Victoria may cause to be erected signs to indicate parks

38Authorised officer may demand name etc.

38AAProduction of identification

38APowers of authorised officers within catchment areas

39Application of section 188A of the Land Act 1958

40Consent to mining leases and licences

40ALeases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions

40BPipelines and seafloor cables in marine national parks and marine sanctuaries

41Impounding of livestock

41ALand included in a park no longer reserved or affected by proclamation or Order

Part V—Offences and proceedings

Division 1—General offences

42Use of certain names prohibited

43Trades and businesses not to be carried on in parks unless authorised

44Guns etc. not to be carried in parks

44AOffence to cut or take away fallen or felled trees

44BOffence to construct, remove, alter, or carry out maintenance on, a levee within specified areas

45Persons not to obstruct etc. or to fail to comply with requests of authorised officers

Division 2—Offences in marine national parks and marine sanctuaries and related matters

45AFishing offences in marine national parks and marine sanctuaries

45BApproval to remain in Point Hicks Marine National Park

45CProceedings and enforcement under this Division

45DLiability for offences

45ETime for bringing proceedings

Division 3—Provisions relating to proceedings and other matters

47Evidence

47ACompensation for damage to parks

47BGeneral penalty provision

47DManagement plan to be tabled

Part VI—Regulations and other matters

48Regulations

48AATour operator licence regulations

48ANative title not affected by amendments

48BDescribing lands in notice

48CTransitional provisions

48DSchedule One A has effect

Part VII—Transitional provisions

49AADefinition

49Duties etc. of Director to become duties of Secretary

50NNative Title not affected by amendments

50PLicences not renewable

Part IX—Further transitional provisions

56National Parks (Amendment) Act 2000—Continuation of leases

61Definition—2005 Act

61AContinuation of lease—2005 Act

62ASaving of agreement

79Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2020

Part X—Transitional provisions—Parks Victoria Act 2018

80Definitions

81Transfer of property from the Secretary to Parks Victoria

82Saving of licences, permits, consents or authorities

83Applications for tour operator licences and variations of tour operator licences

84Agreements with Trust for Nature under section 19A

85Agreements with public authorities under section 19C

86Agreements with other governments under section 19D

87References relating to Orders under section 19F

88Management agreements with managing water authorities

89Glenample Homestead

Schedules

Schedule One—Transitional provisions

Schedule One A—Native Title not affected

Schedule Two—National parks

Schedule Two A—Wilderness parks

Schedule Two B—State parks

Schedule Three—Other parks

Schedule Four

Schedule Five—Wilderness zones

Schedule Six—Remote and natural areas

Schedule Seven—Marine national parks

Schedule Eight—Marine sanctuaries

Schedule Nine—Landscape conservation areas

Division 1—Nature Conservation Area

Subdivision 1—Beenak Nature Conservation Area

Subdivision 2—Hoddles Creek Nature Conservation Area

Subdivision 3—Sheep Station Creek Nature Conservation Area

Subdivision 4—Warramate Hills Nature Conservation Area

Subdivision 5—Yellingbo Nature Conservation Area

Division 2—Natural Features Area

Subdivision 1—Wright Forest Bushland Area

Division 3—Community Use Area—Education Area

Subdivision 1—Haining Farm

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 181

National Parks Act 1975

No. 8702 of 1975

Version incorporating amendments as at

31 March 2025

Preamble

WHEREAS it is in the public interest that certain Crown land characterized by its predominantly unspoilt landscape, and its flora, fauna or other features, should be reserved and preserved and protected permanently for the benefit of the public:

And whereas it is in the public interest that certain areas of Crown land with landscape or other features of particular interest or suitability for the enjoyment, recreation and education of the public of or in matters appertaining to the countryside should be reserved permanently and made available for the benefit of the public and in particular that there should be so reserved and made available—

(a)areas with scenic, historical, archaeological, biological, geological or other features of scientific interest that are worthy of preservation but, whether by reason of the limited size of the areas or the limited significance of the features, are not suitable for reservation as national parks;

(b)areas that demonstrate man's effect on his environment whether through his agricultural or pastoral pursuits or otherwise;

(c)areas in or adjacent to urban areas of natural beauty or interest or otherwise suitable for recreational use;

(d)areas of natural beauty or interest primarily for recreational and educational use but parts of which may be used for primary industry, hunting, shooting, fishing or other uses appropriate to the areas; and

(e)areas in their natural state for scientific study or reference:

And whereas for those purposes it is expedient to consolidate amend and make further provision in the law relating to national parks and to make provision for certain other parks.

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title and commencement

(1)This Act may be cited as the National Parks Act 1975.

(2)The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

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3Definitions

(1)In this Act unless inconsistent with the context or subject-matter—

accepted recommendation means—

(a)in relation to a report under

section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i)the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii)if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) (as the case requires) of that Act, that most recent response as amended; or

(b)if there is no response to which paragraph (a)(i) or (ii) applies,

the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a)Part 9 of the Conservation, Forests and Lands Act 1987; or

(b)Part 3 of the Victorian Fisheries Authority Act 2016;

Barwon Water means Barwon Region Water Authority constituted under Part 6 of the Water Act 1989;

Barwon water supply catchment area means the land shown hatched on the plans numbered N.P. 111C/3, N.P. 111D/3, N.P. 111E/5, N.P. 111F/2 and N.P. 111G/2 and lodged in the Central Plan Office;

boat means any means of transportation on water;

cattle means any animal of the species Bos taurus;

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coastal and marine management plan has the same meaning as in the Marine and Coastal Act 2018;

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

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Council means the National Parks Advisory Council established under this Act;

declared area has the same meaning as in the Planning and Environment Act 1987;

designated water supply catchment area means—

(a)any Melbourne water supply catchment area; or

(b)the Barwon water supply catchment area; or

(c)the Wannon water supply catchment area;

Director means the Director of National Parks within the meaning of this Act as in force immediately before the commencement of section 49;

exploration licence means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

fish has the same meaning as in the Fisheries Act 1995;

fishing bait has the same meaning as in the Fisheries Act 1995;

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Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

gun is a reference to a firearm, weapon or device of any description from which any shot, bullet or other missile can be discharged or propelled and includes any air‑gun and also includes any firearm, weapon or device from which for the time being any shot, bullet or other missile cannot be discharged or propelled because of the absence or defect of some part or parts thereof or because of some obstruction therein, but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would be capable of discharging a shot, bullet or other missile;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

landscape conservation area means any land that, by reason of section 17E, is a landscape conservation area for the purposes of this Act;

managing water authority means—

(a)in the case of a designated water supply catchment that is a Melbourne water supply catchment area, Melbourne Water Corporation; or

(b)in the case of a designated water supply catchment that is the Barwon water supply catchment area, Barwon Water; or

(c)in the case of a designated water supply catchment that is the Wannon water supply catchment area, Wannon Water;

marine and coastal Crown land has the same meaning as in the Marine and Coastal Act 2018;

Marine and Coastal Strategy has the same meaning as in the Marine and Coastal Act 2018;

marine national park means any land that, by reason of section 17D, is a marine national park for the purposes of this Act;

marine sanctuary means any land that, by reason of section 17D, is a marine sanctuary for the purposes of this Act;

Melbourne Water Corporation means Melbourne Water Corporation constituted under the Water Act 1989;

Melbourne water supply catchment area means either—

(a)the land shown coloured blue on the plan numbered N.P. 8B/1 and lodged in the Central Plan Office; or

(b)the land shown coloured blue on the plans numbered N.P. 102A/3 and N.P. 102B/2 and lodged in the Central Plan Office;

miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

mining licence means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990;

national park means land that, by reason of section 17, is a national park for the purposes of this Act;

park means a national park, State park, marine national park, marine sanctuary, landscape conservation area or land that by reason of section 17A or 18, is a park for the purposes of this Act;

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribedmeans prescribed by this Act or the Regulations;

priority species has the same meaning as in the Fisheries Act 1995;

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

reference area means an area proclaimed to be a reference area under the Reference Areas Act 1978;

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remote and natural area means land that, by reason of section 21B, is a remote and natural area for the purposes of this Act;

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;

search has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;

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Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

take means to gain possession or control of by any means;

tour operator licence means a licence granted under section 27D;

tourist fossicking authority means a tourist fossicking authority under Part 5 of the Mineral Resources (Sustainable Development) Act 1990;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

Wannon Water means Wannon Region Water Corporation constituted under Part 6 of the Water Act 1989;

Wannon water supply catchment area means the land shown hatched on the plan numbered N.P. 111H/4 and lodged in the Central Plan Office;

wilderness zone means land that, by reason of section 22(4A) or (5), is a wilderness zone for the purposes of this Act;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2)In this Act a reference to a public authority includes a reference to Government Departments the Head, Transport for Victoria the Secretary the Gas Transmission Corporation, GASCOR, Melbourne Water Corporation, VENCorp, a distribution company, a transmission company, a generation company or an offshore wind energy generation company within the meaning of the Electricity Industry Act 2000, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, Authorities under the Water Act 1989 municipal councils and such other bodies corporate or unincorporate declared by Order of the Governor in Council published in the Government Gazette to be public authorities for the purposes of this Act.

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

4Objects of Act

The objects of this Act are—

(a)to make provision, in respect of national parks, State parks, marine national parks and marine sanctuaries—

(i)for the preservation and protection of the natural environment including wilderness areas and remote and natural areas in those parks;

(ii)for the protection and preservation of indigenous flora and fauna and of features of scenic or archaeological, ecological, geological, historic or other scientific interest in those parks; and

(iii)for the study of ecology, geology, botany, zoology and other sciences relating to the conservation of the natural environment in those parks; and

(iv)for the responsible management of the land in those parks;

(aa)to make further provision in respect of designated water supply catchment areas in national parks—

(i)for the protection of those areas; and

(ii)for the maintenance of the water quality and otherwise for the protection of the water resources in those areas; and

(iii)for the restriction of human activity in those areas for the purposes of subparagraphs (i) and (ii);

(ab)to make provision in respect of wilderness parks—

(i)for the protection, enhancement and management of those parks as wilderness so as to maximise the extent to which those parks are undisturbed by the influences of the European settlement of Australia; and

(ii)for the protection, preservation and evolution of the natural environment including indigenous flora and fauna and of features of ecological, geological, scenic, archaeological and other scientific significance; and

(iii)for the use and enjoyment of those parks by the public for inspiration, solitude and appropriate self-reliant recreation; and

(iv)for the study of ecology, geology, botany, zoology archaeology and other sciences relating to the environment in those parks;

(ac)to make provision in respect of landscape conservation areas for the protection, enhancement and management of those areas as part of a fragmented natural landscape for the purposes of nature conservation;

(b)in respect of parks described in Schedule Three—

(i)to make provision, insofar as is appropriate to each such park, for the protection and preservation of indigenous flora and fauna and of features of scenic or archaeological, ecological, historic or other scientific interest; and

(ii)subject to such provision as is made under subparagraph (i), to make provision for the public to observe, experience or otherwise become acquainted in those parks with the countryside and rural skills activities and pursuits and for carrying on, in those parks and for those purposes, agricultural, horticultural, or other agrarian projects and botanical, biological, ecological, geological, zoological, or other scientific studies or projects; and

(c)to make provision in accordance with the foregoing for the use of parks by the public for the purposes of enjoyment, recreation or education and for the encouragement and control of that use.

4AApplication of Road Management Act 2004

(1)A road under this Act is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2)The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a)the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

(b)if no notice is published, the Secretary.

4BTransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

4CFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

4DTraditional owner agreement for natural resources

(1)If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2)For the purpose of subsection (1) the following provisions are specified—

(a)section 32N;

(b)section 37;

(c)section 44;

(d)section 45.

PART II—ADMINISTRATION

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10National Parks Advisory Council

(1)For the purposes of this Act, there is a National Parks Advisory Council consisting of 8 members appointed by the Governor in Council of whom—

(a)2 must be persons with skills or experience relating to the preservation and the protection of parks; and

(b)one must be a person who is a professor or teacher of ecology, biology or earth science at a university in Victoria; and

(c)one must be a person with experience in local government who resides in a municipality in which there is a park; and

(d)4 must be persons (at least 2 of whom reside outside the metropolitan area) with experience in matters affecting the interests of the community.

(2)In this section metropolitan area means—

(a)metropolitan area within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or

(b)any area declared by the Governor in Council under subsection (3) to be the metropolitan area.

(3)The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.

(4)An Order made under subsection (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—

(a)wholly or partially or as amended by order or other instrument; or

(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.

(5)Subsection (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office.

11Functions of National Parks Advisory Council

(1)The functions of the National Parks Advisory Council are—

(a)to advise the Minister generally in relation to the administration of this Act and on particular matters in relation to that administration on which its advice is sought by the Minister;

(aa)to advise the Minister on any proposed excision from a park referred to it by the Minister;

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(c)to submit to the Minister within three months after each year ending on the 30th day of June a report on the performance of its functions during that year.

(2)The Minister shall cause a report under subsection (1) to be laid before both Houses of Parliament within three weeks after it is received or, if Parliament is not then sitting, within three weeks after the next assembling of Parliament.

(3)The Minister must cause a copy of any advice received under subsection (1)(aa) to be laid before both Houses of Parliament within 10 sitting days after it is received.

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13Members of National Parks Advisory Council

(1)A member of the National Parks Advisory Council holds office for such period, not exceeding three years, as is specified in the instrument of his appointment but is eligible for re‑appointment.

(2)The Governor in Council may remove a member of the Council from office.

(3)A member of the Council may resign his office by writing signed by him and delivered to the Governor in Council.

(4)A member of the Council is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.

(5)The Convenor of the Council is such member of the Council as is for the time being appointed as Convenor by the Governor in Council[1].

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(6)Meetings of the Council shall be convened by the Convenor[2].

(7)At a meeting a quorum is constituted by a majority of the members of the Council for the time being holding office.

(8)The Convenor shall preside at a meeting of the Council at which he is present and if he is not present at a meeting, the members present shall elect one of their number to preside at the meeting[3].

(9)Subject to this Act and the regulations, the Council may regulate its proceedings.

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16Certain offices deemed not to be office of profit under Crown

Where a member of Parliament or a person who is receiving or is entitled to receive a pension under Division 4 of Part II of The Constitution Act Amendment Act 1958 or a superannuation benefit under the Parliamentary Contributory Superannuation Act 1962 or the Parliamentary Salaries, Allowances and Superannuation Act 1968, is or is appointed a member of the Council receives a fee or a travelling or other allowance under this Act such member or person shall not for the purposes of Division 4 of the said Part II or of section 8 of the Parliamentary Contributory Superannuation Act 1962 or of section 23 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 (as the case may be) be deemed to have accepted or held an office or place of profit under the Crown.

16AManagement agreements with Traditional Owner Land Management Boards

(1)The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a)the management of any land in a park that is appointed land of that Board; or

(b)the carrying out of specified functions, powers or duties in relation to the management of any land in a park, that is appointed land of that Board.

(2)The Secretary must consult with Parks Victoria, or the Great Ocean Road Coast and Parks Authority for land managed under this Act that is controlled and managed by the Great Ocean Road Coast and Parks Authority, before entering into a management agreement under subsection (1).

(3)In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land in a park that would otherwise be managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a park that would otherwise be carried out by Parks Victoria or the Great Ocean Road Coast and Parks Authority, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) does not have power to carry out that function, power or duty, to the extent of the agreement.

(5)Subsection (4) has effect despite any provision of this Act or any other enactment to the contrary.

16BLand to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes the whole or any part of a park under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

PART IIA—GREAT OCEAN ROAD COAST AND PARKS AUTHORITY—LAND MANAGEMENT

16CAppointment of Great Ocean Road Coast and Parks Authority as land manager

(1)The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may appoint the Great Ocean Road Coast and Parks Authority as land manager for any land managed under this Act within the Great Ocean Road coast and parks.

Note

See also section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 and Schedule 1 to that Act.

(2)The Minister may only recommend that the Great Ocean Road Coast and Parks Authority be appointed land manager after receiving approval of that proposed appointment by all other Ministers who—

(a)administer this Act; and

(b)administer the Parks Victoria Act 2018.

(3)On an Order under subsection (1), the Great Ocean Road Coast and Parks Authority has control and management of land for which it is appointed as land manager.

(4)An order under subsection (1) must not be inconsistent with a management agreement under section 16A(1).

16DManagement agreements with Parks Victoria

The Great Ocean Roads Coast and Parks Authority must not enter into a management agreement for or relating to the following unless the agreement is entered into with Parks Victoria on the approval of the Minister and the Minister administering the Parks Victoria Act 2018—

(a)the management of any or all land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1); or

(b)the carrying out of specified functions, powers or duties in relation to the management of any land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1).

16EGreat Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria

The Great Ocean Road Coast and Parks Authority must provide Parks Victoria with any information Parks Victoria reasonably requires to comply with section 35.

16FGreat Ocean Road Coast and Parks Authority's performance and exercise of functions and powers

The Great Ocean Road Coast and Parks Authority may only perform a function or exercise a power under this Act to the extent that it relates to the land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager under—

(a)an Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

PART III—NATIONAL PARKS, STATE PARKS AND OTHER PARKS

Division 1—National parks and State parks

17National parks and State parks

(1)Each area of land described in a part of Schedule Two is, for the purposes of this Act, a national park under the name specified in that part.

(1A)Each area of land described in a part of Schedule Two B is, for the purposes of this Act, a State park under the name specified in that part.

(2)Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria has the control and management of each national and State park and must—

(a)ensure that each national park and State park is controlled and managed, in accordance with the objects of this Act, in a manner that will—

(i)preserve and protect the park in its natural condition for the use, enjoyment and education of the public;

(ii)preserve and protect indigenous flora and fauna in the park;

(iii)exterminate or control exotic fauna in the park;

(iv)eradicate or control exotic flora in the park; and

(v)preserve and protect wilderness areas in the park and features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;

(aa)have regard to all classes of management actions that may be implemented for the purposes of maintaining and improving the ecological function of the park;

(b)consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, appropriate and sufficient measures are taken to protect each national park and State park from injury by fire;

(ba)ensure that appropriate and sufficient measures are taken (including seeking the making of an appropriate agreement under section 32I(1))—

(i)to protect designated water supply catchment areas; and

(ii)to maintain the water quality of and otherwise protect the water resources in those areas; and

(iii)to restrict human activity in those areas for the purposes of subparagraphs (i) and (ii);

(c)promote and encourage the use and enjoyment of national parks and State parks by the public and the understanding and recognition of the purpose and significance of national parks and State parks; and

(d)prepare a plan of management in respect of each national park and State park, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

(2AA)In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a national park or State park, a management plan prepared under subsection (2)(d) does not have effect in so far as a joint management plan is in effect for that land.

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(3)Parks Victoria, before exercising any power or performing any function or duty under this Act in a designated water supply catchment area, must, in so far as is reasonably necessary, consult with Melbourne Water Corporation.

(4)It is sufficient compliance with subsection (3) for Parks Victoria to have entered into a management agreement with Melbourne Water Corporation under section 32I.

(5)On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

(6)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

(7)Despite subsections (2) and (5), Parks Victoria must prepare a plan of management for the Great Otway National Park.

(8)In preparing a plan of management referred to in subsection (7), Parks Victoria must obtain approval from the Great Ocean Road Coast and Parks Authority for any part of the plan related to land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

(9)Subsection (8) does not prevent Parks Victoria from including a plan of management referred to in subsection (7) as part of a land management plan within the meaning of section 3 of the Parks Victoria Act 2018.

Division 1A—Wilderness parks

17AWilderness parks—Schedule Two A

(1)Each area of land described in a part of Schedule Two A is, for the purposes of this Act, a wilderness park under the name specified in that part.

(2)Subject to any agreement entered into under section 16A(1), Parks Victoria has the control and management of each wilderness park and must ensure that each wilderness park is controlled and managed in accordance with the objects of this Act in a manner that will protect and enhance the park as a wilderness including, insofar as is practicable and appropriate, the taking of measures—

(a)to preserve and protect—

(i)the natural environment including indigenous flora and fauna and features of ecological, geological or scenic significance; and

(ii)features of archaeological or historic significance; and

(iii)features of scientific significance; and

(ab)to consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, appropriate and sufficient measures are taken to protect each wilderness park from injury by fire; and

(b)for the eradication or control of non-indigenous flora and non-indigenous fauna; and

(c)for the control of indigenous fauna to the extent necessary for the preservation and protection of any species; and

(d)subject to paragraph (a), for the removal of evidence of developments of non-aboriginal origin.

(3)Subject to subsection (2), Parks Victoria—

(a)must ensure that opportunities are provided for solitude and appropriate self-reliant recreation in a wilderness park; and

(b)must promote the understanding and appreciation of the purpose and significance of wilderness and the proper use of wilderness by the public.

17BManagement plans

(1)Parks Victoria must, within two years of the inclusion of each wilderness park in Schedule Two A, prepare a management plan in respect of the park which must be consistent with the principles set out in this Division for the management of wilderness parks, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

(2)In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a wilderness park, a management plan prepared under subsection (1) does not have effect in so far as a joint management plan is in effect for that land.

(3)On and after the preparation of a Marine and Coastal Strategy, Parks Victoria must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

17CProhibition on development and other activities

(1)Parks Victoria must ensure that in a wilderness park—

(a)there are no roads, structures or installations; and

(b)no commercial activity or development is carried out; and

(c)there is no use of any form of motorized or mechanical transport; and

(d)there is no use of any non-indigenous animal; and

(e)there is no hunting.

(2)Subsection (1) does not apply to—

(a)any road, structure or installation or any use of motorized or mechanical transport or any use, control or destruction of non-indigenous animals which Parks Victoria considers is essential for the responsible management of the park; or

(b)permanent survey markers existing at the date of commencement of section 6 of the National Parks (Amendment) Act 1989; or

(c)any commercial tours or activities not involving motorized or mechanical transport or the use of animals which Parks Victoria considers is appropriate for the appreciation and understanding of wilderness; or

(d)any non-commercial mechanical activity approved by Parks Victoria; or

(e)any scientific investigation or study of wilderness parks which Parks Victoria considers is appropriate and does not affect the value of the area as wilderness and cannot be carried out elsewhere; or

(f)any measures which Parks Victoria or the Secretary considers are necessary to provide for the health and safety of persons within the area, the prevention and control of fire or emergencies relating to the control of diseases; or

(g)deer hunting by stalking or the carrying of firearms or other weapons for that purpose, in the wilderness park referred to in Part 2 of Schedule Two A, if carried out in accordance with an authority or permit under section 37.

(3)In a wilderness park, Parks Victoria or the Secretary (as the case may be) may carry out works and maintenance necessary to enable anything permitted under subsection (2) to be done and, where degradation has occurred as a result of essential management activities, must undertake rehabilitation as soon as practicable.

Division 1B—Marine national parks and marine sanctuaries

17DMarine national parks and marine sanctuaries

(1)The land described in a Part of Schedule Seven is, for the purposes of this Act, a marine national park under the name specified in that Part.

(2)The land described in a Part of Schedule Eight is, for the purposes of this Act, a marine sanctuary under the name specified in that Part.

(3)Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) has the control and management of each marine national park and marine sanctuary and must—

(a)ensure that each marine national park and each marine sanctuary is controlled and managed, in accordance with the objects of this Act, in a manner that will—

(i)preserve and protect the natural environment and indigenous flora and fauna of the park and any features of the park which are of geological, geomorphological, ecological, scenic, archaeological, historic or other scientific interest; and

(ii)promote the prevention of the introduction of exotic flora and fauna into the park; and

(iii)provide for the eradication or control of exotic flora and fauna found in the park; and

(b)subject to paragraph (a)—

(i)provide for the use, enjoyment and understanding of marine national parks and marine sanctuaries by the public; and

(ii)promote an understanding of the purpose and significance of marine national parks and marine sanctuaries; and

(c)prepare a plan of management in respect of each marine national park and each marine sanctuary, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

(4)In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a marine national park or a marine sanctuary, a management plan prepared under subsection (3)(c) does not have effect in so far as a joint management plan is in effect for that land.

(5)On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

(6)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

Division 1C—Landscape conservation areas

17ELandscape conservation areas

(1)Each area of land described in a part of Schedule Nine is, for the purposes of this Act, a landscape conservation area under the name specified in that part.

(2)A landscape conservation area may comprise any of the following—

(a)nature conservation areas;

(b)community use and education areas;

(c)natural features areas.

(3)A landscape conservation area must be managed for the following purposes—

(a)for any part that is a nature conservation area, for the purposes of—

(i)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(ii)protecting cultural heritage; and

(iii)if consistent with the purposes in subparagraphs (i) and (ii), providing opportunities for recreation, education and scientific study;

(b)for any part that is for a community use and education area, for the purposes of—

(i)providing for community use, education and scientific study; and

(ii)as is appropriate to the particular area—

(A)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(B)maintaining or restoring natural surroundings and the character and quality of the landscape; and

(C)protecting cultural heritage;

(c)for any part that is a natural features area, for the purposes of—

(i)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(ii)protecting and restoring areas with indigenous vegetation or habitat; and

(iii)protecting scenic features and the character and quality of the landscape; and

(iv)protecting water quality where appropriate; and

(v)protecting cultural heritage; and

(vi)if consistent with the purposes in subparagraphs (i), (ii), (iii), (iv) and (v), providing opportunities for recreation, education and scientific study.

17FManagement and control of landscape conservation areas by Parks Victoria

Subject to any agreement entered into under section 16A(1), Parks Victoria has the control and management of each landscape conservation area and must—

(a)ensure that each landscape conservation area is controlled and managed in accordance with the objects of this Act in a manner that—

(i)achieves the purposes set out in section 17E(3) for each area type that comprises the landscape conservation area; and

(ii)eradicates or controls exotic flora and fauna in the landscape conservation area; and

(b)consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each landscape conservation area from injury by fire; and

(c)prepare a plan of management in respect of each landscape conservation area, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

Division 2—Other parks

18Other parks

(1)Each area of land described in a part of Schedule Three is, for the purposes of this Act, a park under the name specified in that part.

(2)Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) must—

(a)ensure that each park referred to in subsection (1) is controlled and managed in accordance with the objects of this Act in a manner that will, insofar as is appropriate to the park—

(i)preserve, protect and re-establish indigenous flora and fauna in the park;

(ii)preserve and protect features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;

(iii)enable the park to be used by the public for the enjoyment, observation and study of the countryside and its pursuits, its flora and fauna, its ecology and geology and other features; and

(iv)control exotic flora and fauna in the park;

(b)consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each park referred to in subsection (1) from injury by fire;

(c)promote and encourage the use and enjoyment of parks referred to in subsection (1) by the public; and

(d)prepare a plan of management in respect of each park referred to in subsection (1), which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

(3)In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a park to which this section applies, a management plan prepared under subsection (2)(d) does not have effect in so far as a joint management plan is in effect for that land.

(4)On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

(5)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

Division 3—General provisions

19Powers of Minister

(1)The Minister—

(a)may accept gifts, devises, bequests and assignments of real or personal property whether on trust or otherwise;

(b)may accept a gift or devise of land subject to a condition entitling the donor or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period; and

(c)may act as executor or administrator of an estate or as trustee of moneys or other property where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

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(4)Where land has been purchased or acquired (or possession of land has been taken under a contract for the purchase of land) under section 5 of the Crown Land (Reserves) Act 1978 for the purposes of a park or any purpose mentioned in section 5(2) of that Act the Minister notwithstanding the provisions of section 5(7) of that Act—

(a)may enter into an agreement for the occupation of the land by the vendor of the land or his nominee subject to such terms and conditions as the Minister thinks fit;

(b)may grant a tenancy of or a permit to manage or occupy a building or facility on the land at such rent, charge or fee for such period not exceeding seven years and subject to such terms and conditions as he thinks fit; and

(c)may grant a licence in respect of the land for such fees and other charges and for such period not exceeding seven years and subject to such terms and conditions as he thinks fit for any purpose or any purpose of a like nature to a purpose for which the land was being used at the time it was purchased or acquired or possession of it was taken.

19AA   Management of land prior to its reservation

(1)Subject to section 19B, where possession of land has been taken pursuant to the compulsory acquisition of the land or under a contract for the purchase of the land under section 5 of the Crown Land (Reserves) Act 1978 for the purposes of a park or for any purpose referred to in paragraphs (l) to (o) of section 4(1) of the Crown Land (Reserves) Act 1978 the Minister may direct Parks Victoria or the Great Ocean Road Coast and Parks Authority to undertake the management of the land pursuant to this section until the land is placed under the control and management of Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) pursuant to section 18(1) of the Crown Land (Reserves) Act 1978.

(2)Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of land pursuant to a direction of the Minister under subsection (1)—

(a)the land shall be used and managed as though it were a park; and

(aa)regulations made under this Act, which apply to land described in Schedule Three apply to the land—

(i)insofar as they are specified to apply by proclamation of the Governor in Council published in the Government Gazette; and

(ii)until regulations are made under paragraph (b) which apply to the land; and

(b)the Governor in Council may make regulations in respect of the land as though the land were a park.

19AManagement agreements with Trust for Nature

(1)Where land vested in the Trust for Nature (Victoria) (hereinafter called "the Trust") will in the future be surrendered and conveyed or transferred to the Crown for use as a park (whether within the meaning of this Act or not) or part of a park (whether within the meaning of this Act or not) or for a purpose or purposes (whether described in the same terms or terms to the like effect) for which it is within the object of this Act to make provisions in relation to a park and the land is suitable to be a park or part of a park under this Act the Minister may enter into an agreement with the Trust for the management of the land by Parks Victoria or the Great Ocean Road Coast and Parks Authority.

(2)Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of land pursuant to an agreement under this section, the land shall be used and managed as though it was (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

(2A)Where an agreement is in force under this section for the management of land—

(a)sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48; and

(b)sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides; and

(c)any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides—

shall have effect in and in respect of the land as if it were (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

(3)The Governor in Council may make regulations with respect to land subject to an agreement under this section as though the land was (as the case requires in accordance with the agreement) land described in Schedule Two, Schedule Two B, Schedule Three or Schedule Nine.

(4)Nothing in this section shall be construed as authorizing the Minister, Parks Victoria, the Great Ocean Road Coast and Parks Authority, the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would not be consistent with any trust condition covenant or other restriction relating to the use of any land referred to in subsection (1).

19BParks Victoria to manage reserved land

(1)Where any land temporarily or permanently reserved under section 4 of the Crown Land (Reserves) Act 1978 is placed under the control and management of Parks Victoria pursuant to section 18 of that Act Parks Victoria shall control manage and use the land for the purposes for which it is reserved.

Note

See section 67I of the Conservation, Forests and Lands Act 1987 for a transitional provision relating to section 18(1) of the Crown Land (Reserves) Act 1978.

(2)For the purposes of this section Parks Victoria shall be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.

(3)Despite subsections (1) and (2), where land is subject to an accepted recommendation, Parks Victoria may give effect to that accepted recommendation even if the accepted recommendation conflicts with the purposes for which the land is reserved.

(4)The Governor in Council may on the recommendation of Parks Victoria make regulations for and with respect to any of the matters referred to in subparagraphs (ii) to (xi) of section 13(1) of the Crown Land (Reserves) Act 1978 in relation to the land as if—

(a)any reference in that section to a committee of management were a reference to Parks Victoria; and

(b)any reference in that section to the land were a reference to land under this section.

(5)Subsections (2A), (3A), (7) and (8) of section 13 of the Crown Land (Reserves) Act 1978 apply to regulations made under subsection (4) of this section as if they had been made under section 13(1) of the Crown Land (Reserves) Act1978 and as if the reference in subsection (8) to officers and servants employed by the committee of management or the trustee of any land was a reference to employees of Parks Victoria.

Note

See section 34 of the Crown Land (Reserves) Act 1978 for transitional provisions relating to penalties.

(6)Despite section 18(2) of the Crown Land (Reserves) Act 1978, regulations made under section 13 of that Act continue to apply to land placed under the control and management of Parks Victoria under section 18 of that Act until regulations are made under subsection (4).

(7)A reference to an authorised officer in regulations to which subsection (6) applies is to be taken to mean an authorised officer under this Act.

19CMinister may make management agreements with public authorities

(1)Where any land is vested in or controlled or managed by a public authority the Minister and the public authority may enter into an agreement for the management of the land by Parks Victoria or the Great Ocean Road Coast and Parks Authority as if it were part of a park specified in the agreement.

(2)Where an agreement is in force under this section for the management of land—

(a)the land shall, except as otherwise expressly provided in the agreement, be controlled and managed as if it were part of the park specified in the agreement;

(b)sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48 and the regulations under this Act applying to the park shall have effect in and in respect of the land as if it were part of the park specified in the agreement; and

(c)such of sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides shall have effect in and in respect of the land as if it were part of the park specified in the agreement; and

(ca)any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides, have effect in and in respect of the land as if the land were part of the park specified in the agreement; and

(d)in the case of an agreement with respect to land which abuts a park in which there is a designated water supply catchment area, such of sections 32H, 32N and 38A as are specified in the agreement shall have effect with respect to the land as if it were part of the designated water supply catchment area specified in the agreement.

(3)Notwithstanding anything to the contrary in any other Act a public authority may by agreement under this section delegate to Parks Victoria or the Great Ocean Road Coast and Parks Authority any of the powers or functions imposed on the public authority by or under any Act.

(4)A committee of management appointed under the Crown Land (Reserves) Act 1978 must not delegate any of its powers or functions under that Act in relation to any land in the agreement unless the agreement provides that Parks Victoria or the Great Ocean Road Coast and Parks Authority will undertake or carry out these powers and functions in a manner which is not detrimental to the purposes for which the land was reserved.

19DMinister may make agreements with other States

The Minister may do any thing which in his opinion is necessary or convenient to ensure the co-operation of the government of the Commonwealth or the government of any other State in carrying out the purposes of this Act including entering into agreements with a Minister of the Crown in right of the Commonwealth or in right of any other State or with any authority constituted under law of the Commonwealth or of any other State for the management by Parks Victoria or another person of any land vested in the Crown or in a Minister of the Crown in the right of the Commonwealth or of any other State or in an authority constituted under the law of the Commonwealth or any other State on behalf of that Crown Minister or authority.

19ELeasing and managing of land adjacent to parks

(1)The Minister may lease any land adjacent to a park (whether with or without an option for the Crown to purchase the land) which is suitable to be part of the park to which it is adjacent.

(2)The Minister may direct land leased under subsection (1) to be managed by either of the following, as though it were part of the park to which it is adjacent and were specified in the lease—

(a)Parks Victoria, if the leased land is adjacent to land in a park controlled and managed by Parks Victoria;

(b)the Great Ocean Road Coast and Parks Authority, if the leased land is adjacent to land in a park controlled and managed by the Great Ocean Road Coast and Parks Authority.

(3)Where any lease under subsection (1) is in force in respect of land—

(a)the land shall be controlled and managed as if it were part of the park to which it is adjacent;

(b)sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48 and the regulations under this Act applying to the park to which the land is adjacent and specified in the lease shall have effect in and in respect of the land as if it were part of the park specified in the lease; and

(c)such of sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25, 25A, 26, 26A, 33 and 40 as the lease specifically provides shall have effect in and in respect of the land as if it were part of the park to which the land is adjacent and is specified in the lease; and

(d)any or all of sections 141 to 149 of the Land Act 1958, as the lease specifically provides, have effect in andin respect of the land as if the land were part of the park specified in the lease.

19FOrder that land to be treated as a park for certain purposes

(1)The Governor in Council may by Order published in the Government Gazette declare that any area of land vested in the Minister pursuant to section 19(1) or managed by Parks Victoria pursuant to section 19A, 19AA, 19B, 19C, 19D, 19E or 32AA shall be an area of land to which all or such provisions of this Act and the regulations under this Act or any or all of sections 141 to 149 of the Land Act 1958 as are specified in the Order are to apply.

(2)An Order made pursuant to subsection (1) may amend Schedule Four or that Schedule as so amended—

(a)by adding to the Schedule an item relating to an area of land and specifying the provisions of this Act and the regulations under this Act or any or all of sections 141 to 149 of the Land Act 1958 that shall apply to the land;

(b)by altering any item in the Schedule, whether with respect to the land or the provisions of the Act or the regulations orany or all of sections 141 to 149 of the Land Act 1958 which are to apply to the land;

(c)by revoking any item in the Schedule—

and the Schedule as so amended shall have the same force and effect as if that amendment had been enacted in this Act.

(3)Where any land is included in Schedule Four—

(a)the provisions of this Act or any regulations made pursuant to the Act or sections 141 to 149 of the Land Act 1958 shall not apply to the land except as specifically provided in Schedule Four or elsewhere in the Act;

(b)those provisions of the Act or any or all of sections 141 to 149 of the Land Act 1958 which are specified in Schedule Four or elsewhere in the Act to apply to the land shall apply to the land as though it were a park.

(4)A copy of an Order under this section shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

(5)An Order under this section shall be revoked if each House of Parliament passes a resolution revoking the Order within eighteen sitting days after the Order has been laid before both Houses of Parliament.

(6)An order may not specify that any provision of this Act or the regulations or sections 141 to 149 of the Land Act 1958 is to apply to any land that is subject to an agreement under section 19A, 19C, 19D or a lease under section 19E if there is an express term or condition to the contrary in the agreement or lease.

19GPower of Minister to grant leases not exceeding 21 years

(1)Subject to this Act, after consulting the National Parks Advisory Council, the Minister may grant a lease to a person of any land in any park or any land that is described in Schedule Four other than—

(a)a wilderness park described in Schedule Two A;

(b)a wilderness zone described in Schedule Five;

(c)a remote and natural area described in Schedule Six;

(d)a designated water supply catchment area;

(e)a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 that is located in a park;

(f)a reference area.

(2)A lease under subsection (1)—

(a)must be granted in writing; and

(b)is subject to any rent or other charges and terms and conditions determined by the Minister; and

(c)must not be for a term of more than 21 years.

(3)The purpose of a lease under subsection (1)—

(a)must be consistent with the objects of this Act in relation to the land; and

(b)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)For the purposes of subsection (2)(b), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

19KPower of Minister to grant licences associated with leases

(1)If a lease is granted to a person under section 19G, the Minister may grant the person a licence to use any land, building, improvements or works in the vicinity of, or connected with, the land that is subject to the lease.

(2)A licence under subsection (1) may be granted—

(a)at the same time as the lease to which it relates is granted; or

(b)after the lease to which it relates is granted.

(3)A licence under subsection (1)—

(a)must be for the same or a related 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.

(4)For the purposes of subsection (3)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.

20Powers of Parks Victoria and Great Ocean Road Coast and Parks Authority

(1)Parks Victoria or the Great Ocean Road Coast and Parks Authority may, subject to this Act, do all things necessary or desirable to achieve the objects of this Act and in particular—

(a)may initiate or investigate proposals for or in relation to the acquisition of land to be added to and form part of a park or to be established as a park;

(b)may, subject to subsection (2), promote research study or investigation of matters that relate to the objects of this Act; and

(c)may with the approval of the Minister authorise the payment from money available for that purpose for or in connection with research, study or investigation promoted under paragraph (b).

(2)Where Parks Victoria or the Great Ocean Road Coast and Parks Authority promotes research study or investigation under subsection (1), Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) shall require a person who has agreed to undertake the research study or investigation to make to Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) such reports on the progress and results of the research study or investigation as Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) determines and to carry on the research study or investigation subject to and in accordance with such other terms and conditions as Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) determines.

National Parks Amendment (Point Nepean) Act 2009, No. 48/2009

Assent Date:	18.8.09
Commencement Date:	Ss 4–7 on 6.12.09: Government Gazette 3.12.09 p. 3153
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	Ss 3, 4, 13–16 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 5–12, 17–23 on 29.6.10: Government Gazette 24.6.10 p. 1274
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009, No. 90/2009

Assent Date:	15.12.09
Commencement Date:	Ss 3–17 on 20.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Transport Integration Act 2010, No. 6/2010

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 8), 203(1)(Sch. 6 item 32) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010

Assent Date:	23.3.10
Commencement Date:	S. 800(Sch. 6 item 9) on 1.1.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

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

Assent Date:	15.6.10
Commencement Date:	Ss 3–8, 14 on 8.7.10: Government Gazette 8.7.10 p. 1518; ss 9–13 on 21.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 124–128 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 13) on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 63) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment Act 2012, No. 7/2012

Assent Date:	6.3.12
Commencement Date:	Ss 3–19 on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 34) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Forests Amendment Act 2012, No. 46/2012

Assent Date:	21.8.12
Commencement Date:	S. 22 on 1.9.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

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

Assent Date:	23.4.13
Commencement Date:	S. 3 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

National Parks Amendment (Leasing Powers and Other Matters) Act 2013, No. 45/2013

Assent Date:	27.8.13
Commencement Date:	S. 19 on 28.8.13: s. 2(1); ss 4–18 on 19.12.13: Special Gazette (No. 449) 17.12.13 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013

Assent Date:	17.12.13
Commencement Date:	Ss 16–24, 26, 29, 30 on 18.12.13: s. 2(1); ss 25, 27, 28 on 1.9.14: Special Gazette (No. 282) 26.8.14 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 115) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 13) on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Water Amendment (Flood Mitigation) Act 2014, No. 53/2014

Assent Date:	12.8.14
Commencement Date:	S. 13 on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

National Parks Amendment (Prohibiting Cattle Grazing) Act 2015, No. 16/2015

Assent Date:	12.5.15
Commencement Date:	Ss 3, 4 on 13.5.15: s. 2
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	S. 38 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

National Parks Amendment (No 99 Year Leases) Act 2015, No. 54/2015

Assent Date:	27.10.15
Commencement Date:	Ss 3–13 on 28.10.15: s. 2
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 38–43 on 5.8.16: Special Gazette (No. 239) 2.8.16 p. 1; ss 28–35 on 1.12.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016, No. 44/2016

Assent Date:	23.8.16
Commencement Date:	Ss 3–10, 31 on 7.9.16: Special Gazette (No. 278) 6.9.16 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Crown Land Legislation Amendment Act 2016, No. 51/2016

Assent Date:	18.10.16
Commencement Date:	S. 14 on 19.10.16: s. 2
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 33 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 169 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 81‒83 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	Ss 18–40 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 18–20 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the National Parks Act 1975

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 153–220 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 94 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Assent Date:	19.3.19
Commencement Date:	S. 81(2) on 16.9.19: s. 2(4)
Current State:	This information relates only to the provision/s amending the National Parks Act 1975

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 31) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 99−101 on 1.12.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	Ss 62, 65–67, 69, 71, 72, 75, 80, 82(1)(2), 84(1)(2), 85–108 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; ss 63, 64, 68, 70, 73, 74, 76–79, 81, 82(3), 83, 84(3), 109–112 on 1.5.21: Special Gazette (No. 189) 27.4.21 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 102–138 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the National Parks Act 1975

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 8) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

State Electricity Commission Amendment Act 2024, No. 11/2024

Assent Date:	26.3.24
Commencement Date:	Ss 102, 103 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024

Assent Date:	7.5.24
Commencement Date:	S. 17 on 8.5.24: s. 2(1); ss 16, 18 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1
CurrentState:	This information relates only to the provision/s amending the National Parks Act 1975

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Government Gazette      23 April 1986 pages 1049–1051

Government Gazette      16 December 1987 page 3459

Government Gazette      20 July 1988 page 2166

Government Gazette      18 December 1991 pages 3537, 3538

Government Gazette      1 April 1993 page 760

Government Gazette      27 June 1996 page 1630

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 13(5): Section 7(3)(4) of the National Parks (Further Amendment) Act 1984, No. 10166 reads as follows:

7Convenor of Advisory Council and Advisory Committee

(3)The person holding the office of Chairman of the National Parks Advisory Council or a Committee appointed under section 14 of the Principal Act, immediately before the commencement of this section, shall become and be the Convenor of the Council or committee respectively for the unexpired portion of the period for which the person was appointed Chairman of the Council or the Committee (as the case may be).

(4)Any reference in any Act, proclamation, appointment, Order in Council, rule, regulation or other enactment or in any instrument, document or writing of any kind to the Chairman of the National Parks Advisory Council or a Committee appointed under section 14 of the Principal Act shall be deemed to be a reference to the Convenor of the Council or Committee as the case may be.

[2] S. 13(6): See note 1.

[3] S. 13(8): See note 1.

[4] S. 31AB: Sections 21 and 22 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 read as follows:

21Divesting of land from the MWC—O'Shannassy

(1)Crown grant Volume 3507 Folio 701293 is revoked.

(2)The proclamation made by the Governor in Council on 28 January 1910 and published in the Government Gazette dated 9 February 1910 at page 1100 is revoked.

(3)The Order in Council referred to in Part C of Schedule 1 is revoked.

(4)The Manango (O'Shannassy River Watershed) Lands Act 1969 is repealed.

(5)Despite anything to the contrary in any Act, the land, in respect of which the Crown Grant has been revoked, is deemed to be unalienated land of the Crown freed and discharged from all trusts, encumbrances, limitations and restrictions and from every estate or interest therein.

22O'Shannassy Lodge lease

(1)Nothing in section 21 affects the continuity of—

(a)the lease between the Melbourne and Metropolitan Board of Works and Victorian Snow Resorts Pty Ltd dated 15 November 1988 over land coloured red on the plan attached to the lease; or

(b)any assignment of that lease made before the commencement of this subsection or any guarantee entered into before that commencement in relation to that lease or any such assignment.

(2)The lease referred to in subsection (1)(a) and any assignment or guarantee to which subsection (1)(b) relates—

(a)continue in force despite anything to the contrary in the Principal Act or any other Act; and

(b)the Minister is, by force of this subsection, substituted as a party in place of the Melbourne Water Corporation in that lease and in any such assignment or guarantee.

[5] Sch. 2 Pt 10: Sections 24–28 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 (as amended by No. 85/1998) read as follows:

24Divesting of management from MWC—Yarra Ranges National Park

(1)The agreement made on 4 October 1928 between the Minister for the time being administering the Forests Acts and Melbourne and Metropolitan Board of Works (as in force immediately before the commencement of this subsection) and the agreement made on that same day between the Forests Commission and Melbourne and Metropolitan Board of Works (as in force immediately before the commencement of this subsection) as they relate to the land shown on the plans referred to in Part 39 of Schedule Two are cancelled on the date on which the land becomes part of the Yarra Ranges National Park.

(2)To the extent that the Melbourne Water Corporation has control and management of any land shown on the plans referred to in Part 39 of Schedule Two, Melbourne Water Corporation ceases to have control and management of that land.

25Rights, etc. to cease

(1)Any land that is part of the lands delineated by a green border on the plans referred to in Parts 10 and 39 of Schedule Two to the Principal Act as amended by this Act ceases to be reserved forest on the date on which that land becomes part of Kinglake National Park or Yarra Ranges National Park (as the case requires).

(2)The alpine resort known as Mount Donna Buang and being the Crown lands declared by the Governor in Council to be an alpine resort under section 19(1) of the Alpine Resorts Act 1983 by Order made on 19 February 1985 and published in the Government Gazette on 27 February 1985 ceases to be an alpine resort on the date on which those lands become part of Yarra Ranges National Park.

(3)The land delineated and shown hatched on the plan in Part D of Schedule 1 (being part of the alpine resort known as Lake Mountain and being part of the Crown lands declared by the Governor in Council to be an alpine resort under section 19(1) of the Alpine Resorts Act 1983 by Order made on 24 March 1987 and published in the Government Gazette on 25 March 1987) ceases to be part of Lake Mountain Alpine Resort on the date on which that land becomes part of Yarra Ranges National Park.

(4)The lands delineated and coloured yellow on the plans referred to in Part 39 of Schedule Two to the Principal Act as amended by this Act cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any other body and incidental to any past dedication or supposed dedication or by any past user or by any fiction of law cease and determine.

26Registrar of Titles to make necessary amendments to records

S. 26(1) repealed by No. 85/1998 s. 24(Sch. item 43).

*                *                *                *                *

(2)The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments in the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.

27No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Part.

28Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Part.

[6] Sch. 2 Pt 12: Section 30(1) of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:

30Cessation of rights

(1)On the day on which—

(a)Schedule Two to the Principal Act is amended by item (d) and item (j) of Part A of Schedule 3; and

(b)Schedule Two B to the Principal Act is amended by item (e) and item (f) of Part B of Schedule 3; and

(c)Schedule Three to the Principal Act is amended by item (d) of Part C of Schedule 3—

the lands delineated and coloured yellow in the plans substituted by those items cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any other body and incidental to any past dedication or supposed dedication or by any past user or by any fiction of law cease and determine.

[7] Sch. 2 Pt 37: See note 6.

[8] Sch. 2 Pt 37: Section 45 of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:

45Operation of amendments to Part 37 of Schedule Two

Part 37 of Schedule Two to the Principal Act is to be deemed to have always been enacted as amended by item (j)(iii) of Part A of Schedule 3.

[9] Sch. 2 Pt 39: See note 5.

[10] Sch. 2A: Section 34 of the National Parks (Amendment) Act 1989, No. 38/1989 reads as follows:

34Transitional provision

Regulations in force under this Act that, immediately before the commencement of this section, applied to parks referred to in Schedule Three apply, on and after that commencement, to parks referred to in Schedule Two A, Schedule Two B or Schedule Three.

[11] Sch. 2B: See note 10.

[12] Sch. 2B Pt 5: Section 33 of the National Parks (Amendment) Act 1989, No. 38/1989 reads as follows:

33Cessation of rights

(1)The lands delineated and coloured yellow in the plans referred to in Part 4 of Schedule Two, Part 5 of Schedule Two B and Parts 2 and 5 of Schedule Three to the Principal Act as amended by this Act, cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any other body and incidental to any past dedication or supposed dedication or by any past user or fiction of law cease.

(2)The lands delineated by a green border in the plans referred to in Parts 5, 9, 21 and 26 of Schedule Two B and Part 5 of Schedule Three to the Principal Act as amended by this Act, cease to be reserved forest.

[13] Sch. 2B Pt 9: See note 12.

[14] Sch. 2B Pt 20: See note 6.

[15] Sch. 2B Pt 21: See note 12.

[16] Sch. 2B Pt 26: See note 6.

[17] Sch. 2B Pt 26: See note 12.

[18] Sch. 2B Pt 35: Section 30(2) of the National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995 reads as follows:

30Cessation of rights

(2)On the day on which Schedule Two B to the Principal Act is amended by Schedule 2, the lands delineated by a green border on the plans referred to in Parts 35 and 36 of Schedule Two B to the Principal Act as amended by this Act cease to be reserved forest, and on the day on which Schedule Three to the Principal Act is amended by item (a) of Part C of Schedule 3, the lands delineated by a green border on the plan referred to in that item cease to be reserved forest.

[19] Sch. 2B Pt 36: See note 18.

[20] Sch. 3 Pt 10: See note 6.