National Parks (Box-Ironbark and Other Parks) Act 2002 (Vic)

National Parks (Box-Ironbark and Other Parks)

Act 2002

Act No. 50/2002

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3

3.	Definitions	3
4.	Amendments to sections 17 and 19	3
5.	Amendment to section 25B—Extraction of forest produce	4
6.	Insertion of new section 29A	5

29A. Lighthouse leases—Wilsons Promontory National Park 5

7. Insertion of new sections 30G to 30N 7

30G.	Water distribution works authority—Greater Bendigo
National Park, Broken-Boosey State Park, Castlemaine
Diggings National Heritage Park 7
30H.	Dam licences—Greater Bendigo National Park,
Castlemaine Diggings National Heritage Park 8
30I.	Protection of access rights of freeholders in relation to
certain parks 10
30J.	Protection of access rights of freeholders in Mitchell
River National Park 10
30K.	Right to move cattle or sheep through Heathcote-
Graytown National Park and Broken-Boosey State Park 11
30L.	Reports to be prepared for certain parks 11
30M.	Water licences—Broken-Boosey State Park 12

8.	Searching for minerals	12
9.	Carriage and use of firearms—Reef Hills State Park	13
10.	Amendment to provisions relating to mining in parks	14
11.	Insertion of new sections 50A to 50N	16

50A.	National Parks (Box-Ironbark and Other Parks) Act
2002—Cessation of rights 16
50B.	National Parks (Box-Ironbark and Other Parks) Act 2002—Revocation of interests in land—Greater Bendigo National Park 18

i

Section Page

50C.	National Parks (Box-Ironbark and Other Parks) Act 2002—Land to become reserved forest—Land adjoining Paddys Ranges State Park	18
50D.	National Parks (Box-Ironbark and Other Parks) Act
2002—Continuation of licences to cut and take away
forest produce for the purpose of eucalyptus oil
harvesting under the Forests Act 1958—Greater
Bendigo National Park	19
50E.	National Parks (Box-Ironbark and Other Parks) Act
2002—Continuation of licences to cut and take away forest produce under the Forests Act 1958—Warby Range State Park	20
50F.	National Parks (Box-Ironbark and Other Parks) Act 2002—Granting of licences to cut and take away forest produce for firewood under the Forests Act 1958—
Certain national parks, State parks and Crown land
reserves	20
50G.	National Parks (Box-Ironbark and Other Parks) Act
2002—Continuation of licences to cut and take away
forest produce under the Forests Act 1958—Heathcote-
Graytown National Park	21
50H.	National Parks (Box-Ironbark and Other Parks) Act 2002—Continuation of apiary licences under the Land Act 1958 and the Forests Act 1958	21
50I.	National Parks (Box-Ironbark and Other Parks) Act
2002—Powers in relation to certain grazing licences
under the Land Act 1958 and the Forests Act 1958	22
50J.	National Parks (Box-Ironbark and Other Parks) Act 2002—Continuation of grazing licences under the Land Act 1958—Mitchell River National Park	25
50K.	Land to become part of park on surrender to the Crown	25
50L.	National Parks (Box-Ironbark and Other Parks) Act
2002—Transitional provision—Existing authorities
under the Mineral Resources Development Act 1990	25
50M.	Registrar of Titles to make necessary amendments to
records	26
50N.	Native Title not affected by amendments	26

12.	Amendment of Schedule Two	27
13.	Amendment of Schedule Two B	29
14.	Amendment of Schedule Three	31
15.	Amendment of Schedule Four	32
16.	Amendment of Schedule Six	34

ii

Section	Page
PART 3—AMENDMENTS TO THE CROWN LAND (RESERVES)
ACT 1978	35

17.      Castlemaine Diggings National Heritage Park placed under

control and management of Secretary 35
18.	Insertion of new Part 6 35

PART 6—PROVISIONS RELATING TO PARTICULAR

CROWN LAND RESERVES 35

31. Castlemaine Diggings National Heritage Park 35

32. Castlemaine Diggings National Heritage Park—

Cessation of rights 36

33.          Deep Lead Nature Conservation Reserve (No. 1)—

Revocation of part of reserve 37

34.          Deep Lead Nature Conservation Reserve (No. 1)—

Cessation of rights 38
35.	Deep Lead Nature Conservation Reserve (No. 2) 38

36.          Deep Lead Nature Conservation Reserve (No. 2)—

Cessation of rights 38
37.	Black Dog Creek Natural Features Reserve 39
38.	Nathalia Natural Features Reserve 39
39.	Numurkah Natural Features Reserve 40
40.	Tungamah Natural Features Reserve 41
41.	Wattville Natural Features Reserve 42
42.	Youarang Natural Features Reserve 42
43.	Eldorado Historic Reserve 43
44.	Cessation of rights—Certain Crown land reserves 44

19. Further amendment of the Crown Land (Reserves) Act 1978 44

PART 4—AMENDMENTS TO OTHER ACTS 45

20.      Mineral Resources Development Act 1990—Mining in Greater

Bendigo National Park 45

21.      Insertion of new section 6A in the Mineral Resources

Development Act 1990 45

6A. Extent of application of licences and authorities under

this Act to Deep Lead Nature Conservation Reserve

(No. 2) 45

22.      Amendment of section 55 of the Mineral Resources

Development Act 1990—Miner's right 46

23.      Amendment of section 59 of the Mineral Resources

Development Act 1990—Tourist fossicking authority 46

24.      Mineral Resources Development Act 1990—Restricted Crown

land 46
25.	Reference Areas Act 1978—Definitions 48

iii

Section Page

26.	Reference Areas Act 1978—Proclamation of reference areas	48
27.	Amendment to Forests Act 1958—Declaration of protected
public lands	49

__________________

SCHEDULE—Insertion of Fourth Schedule in the Crown Land

(Reserves) Act 1978 50

═══════════════

ENDNOTES 51

iv

Victoria

No. 50 of 2002

National Parks (Box-Ironbark and Other Parks) Act 2002†

[Assented to 29 October 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a)	to amend the National Parks Act 1975 to create new parks under that Act and make further provision in relation to existing parks
and other Crown land and to make other amendments to that Act; and

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 2 Act No. 50/2002

(b)	to create new reserves under the Crown Land (Reserves) Act 1978 and to make other amendments to that Act; and
(c)	to make related amendments to the Mineral Resources Development Act 1990, the Reference Areas Act 1978 and the Forests Act 1958 and to make further consequential amendments to those Acts.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

__________________
National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 3

PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT

1975

See:

3. Definitions Act No.
8702.

In section 3(1) of the National Parks Act 1975,	Reprint No. 8
insert the following definitions—	as at 25 January
' "exploration licence" means an exploration licence under Part 2 of the Mineral	2001 and amending
Act Nos

Resources Development Act 1990;	44/2001,
11/2002 and
40/2002.

"miner's right" has the same meaning as in the LawToday:

Mineral Resources Development Act 1990;
dpc.vic.

"mining licence" means a mining licence under

Part 2 of the Mineral Resources
Development Act 1990;

gov.au

"search" has the same meaning as in the Mineral Resources Development Act 1990;

"tourist fossicking authority" means a tourist

fossicking authority under Part 5 of the Mineral Resources Development Act 1990;'.

4. Amendments to sections 17 and 19

(1) In section 17(2) of the National Parks Act 1975, after paragraph (a) insert—

"(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;".

(2) In section 19B(1) of the National Parks Act 1975, for "18(1)" substitute "18".

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 5 Act No. 50/2002

(3) In section 17 of the National Parks Act 1975, after sub-section (2) insert—

"(2A) In relation to a national park or State park

created after the commencement of section 4
of the National Parks (Box-Ironbark and
Other Parks) Act 2002 the Minister must
cause a report for that park, setting out the
information prescribed in sub-section (2B),
to be laid before each House of Parliament
within 12 months of the creation of that park,
or, if either House is not then sitting, within
5 sitting days of that House after that date.

(2B) A report prepared under sub-section (2A)

must—

(a)

set out the priorities for the objectives listed in sub-section (2); and

(b)	set out the actions that are required to achieve those priorities through the management plan; and
(c)	set out the funding that has been allocated to achieving those priorities; and

(d) be independently assessed.".

(4) In section 19B(6) of the National Parks Act 1975, for "18(1)" substitute "18".

5.  Amendment to section 25B—Extraction of forest produce

In section 25B(1) of the National Parks Act

1975—

(a) omit ", 28";

(b) omit "or Part 12 of Schedule Three";

(c) omit "or the taking of firewood is authorised by Part 30 of Schedule Two".

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 6

6. Insertion of new section 29A

In the National Parks Act 1975, after section 29 insert—

'29A. Lighthouse leases—Wilsons Promontory

National Park

(1) The Minister may lease any lighthouse land

for similar purposes to the purposes of the
leases referred to in sub-section (3).

(2) A lease granted under sub-section (1)—

(a) must be granted in writing; and

(b)	must not be for a term of more than 21 years; and
(c)	is subject to the rent and other charges and terms and conditions determined by the Minister.

(3) The addition of land to Part 23 of Schedule

Two by section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002 does not affect the existence and operation of the following leases—

(a) Conservation and Environment of the
State of Victoria and the
Commonwealth of Australia dated

the lease between the Minister for delineated and hatched in the plan lodged in the Central Plan Office and numbered LEGL./02–069;

(b) Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated
1 December 1995 over the land located

the lease between the Minister for Lot 1B on Consolidated Plan 116401;

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 6 Act No. 50/2002

(c) Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated

the lease between the Minister for at Wilsons Promontory and described as Lot 1C on Consolidated Plan 116398;

(d) Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated

the lease between the Minister for at Wilsons Promontory and described as Lot 1D on Consolidated Plan 116398;

(e) Conservation and Environment of the
State of Victoria and the Australian
Maritime Safety Authority dated

the lease between the Minister for at Wilsons Promontory and described as Lot 1E on Consolidated Plan 116398.

(4) A lease referred to in sub-section (3)

continues in force, subject to its terms, for
the period of the lease despite anything to the
contrary in this Act or any other Act.

(5) In this section, "lighthouse land" means

any land that is the subject of a lease referred
to in sub-section (3).'.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 7

7. Insertion of new sections 30G to 30N

After section 30F of the National Parks Act 1975 insert—

'30G. Water distribution works authority—

Greater Bendigo National Park, Broken- Boosey State Park, Castlemaine Diggings National Heritage Park

(1) The Minister may grant an authority to a

for the purposes of conveying water over any
part of the land described in Part 41 of

person to install, operate or manage works or Part 8 of Schedule Four.

(2) An authority under sub-section (1) may be

granted for the term determined by the
Minister.

(3) An authority under sub-section (1) is subject

to—

(a)	any conditions the Minister thinks fit to impose; and
(b)	the payment of any fee or charge determined by the Minister.

(4) An authority under sub-section (1) may be cancelled by the Minister if the holder does not comply with a condition of the authority.

(5) The holder of an authority under sub-section (1) must not transfer the authority unless the holder has first obtained the consent of the

Minister.

(6) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- person who was using works for the purposes of conveying water over any part of the land described in Part 41 of

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 7 Act No. 50/2002

Schedule Two, Part 37 of Schedule Two B or Part 8 of Schedule Four immediately before the commencement of those sections may continue to use those works for that purpose for 12 months after the commencement of those sections or until the Minister grants an authority under this section (whichever is the earlier).

(7) Any use of works under sub-section (6) is

subject to the conditions that applied to that use immediately before the commencement of sections 12, 13 and 15 of the National
Parks (Box-Ironbark and Other Parks)
Act 2002.

30H. Dam licences—Greater Bendigo National

Park, Castlemaine Diggings National
Heritage Park

(1) The Minister may grant a licence to any person to use land for a dam that existed immediately before the commencement of

sections 12 and 15 of the National Parks
(Box-Ironbark and Other Parks) Act 2002
on any part of the land described in Part 41
of Schedule Two or Part 8 of Schedule Four.

(2) A licence under sub-section (1) may be granted for a term of not more than 3 years.

(3) A licence under sub-section (1) is subject

to—

(a)	any conditions the Minister thinks fit to impose; and
(b)	the payment of any fee or charge determined by the Minister.

(4) A licence under sub-section (1) may be

cancelled by the Minister if the holder does not comply with a condition of the licence.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 7

(5) The holder of a licence under sub-section (1)

must not transfer the licence unless the
holder has first obtained the consent of the
Minister.

(6) Despite the commencement of sections 12

and 15 of the National Parks (Box-
Ironbark and Other Parks) Act 2002, a
licence over any part of the land described in
Part 41 of Schedule Two or Part 8 of
Schedule Four—

(a)	that has been granted to a person under section 52 of the Forests Act 1958 to use land for the purposes of a dam; and
(b)	that is in force immediately before the commencement of those sections—

subject to the provisions of the Forests Act 1958, continues in force as a licence granted under that Act until the date of its expiry.

(7) Despite the commencement of section 15 of

the National Parks (Box-Ironbark and
Other Parks) Act 2002, a licence over any
part of the land described in Part 8 of
Schedule Four—

(a)	that has been granted to a person under section 138 of the Land Act 1958 to use land for the purposes of a dam; and
(b)	that is in force immediately before the commencement of that section—

subject to the provisions of the Land Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 7 Act No. 50/2002

30I. Protection of access rights of freeholders in relation to certain parks

(1) If a person holds a fee simple in land

abutting or surrounded by a relevant park, the Minister may grant to that person that reasonable right of access to his or her land
that will, in the Minister's opinion, allow that
person to use his or her land.

(2) A right of access under this section is subject

to any conditions the Minister thinks fit to
impose.

(3) For the purpose of allowing a person to exercise a right under this section, the regulation affecting the relevant park.

(4) In this section "relevant park" means the land described in any of the following—

(a)	Part 30, Part 41 or Part 42 of Schedule Two;
(b)	Part 15, Part 26, Part 30 or Part 37 of Schedule Two B;

(c) Part 8 of Schedule Four.

30J. Protection of access rights of freeholders in Mitchell River National Park

(1) If a person holds a fee simple in land

surrounded by the park described in Part 8 of Schedule Two, the Minister may grant to that person that reasonable right of access to his
or her land that will, in the Minister's
opinion, allow that person to use his or her
land.

(2) A right of access under this section is subject

to any conditions the Minister thinks fit to
impose.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 7

(3) For the purpose of allowing a person to exercise a right under this section, the regulation affecting the park.

30K. Right to move cattle or sheep through

Heathcote-Graytown National Park and
Broken-Boosey State Park

(1) If a person holds a fee simple in land abutting the park described in Part 42 of the Minister may grant to that person a reasonable right to move cattle or sheep through any part of the park.

(2) A right under this section is subject to any conditions the Minister thinks fit to impose.

(3) For the purpose of allowing a person to exercise a right under this section, the regulation affecting the park.

30L. Reports to be prepared for certain parks

(1) In relation to the parks described in Parts 8, 23, 30, 40, 41, 42 and 43 of Schedule Two the Minister must cause a report for each

park, setting out the information prescribed
in sub-section (2), to be laid before each
House of Parliament within 12 months of the
commencement of section 12 of the
National Parks (Box-Ironbark and Other
Parks) Act 2002, or, if either House is not
then sitting, within 5 sitting days of that

House after that date.

(2) In relation to the parks described in Parts 15, 26, 30, 37 and 38 of Schedule Two B the setting out the information prescribed in sub- section (2), to be laid before each House of

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 8 Act No. 50/2002

Parliament within 12 months of the commencement of section 13 of the National Parks (Box-Ironbark and Other

Parks) Act 2002, or, if either House is not
then sitting, within 5 sitting days of that

House after that date.

(3) A report prepared under sub-section (1) or

(2) must—

(a)

set out the priorities for the objectives listed in section 17(2); and

(b)	set out the actions that are required to achieve those priorities through the management plan; and
(c)	set out the funding that has been allocated to achieving those priorities; and

(d) be independently assessed.

30M. Water licences—Broken-Boosey State Park

A licence under section 51 or 67 of the construction, installation, operation, alteration, removal or decommissioning of works on any part of the land described in Part 37 of Schedule Two B must not be issued except with the consent of the Minister and subject to any conditions the Minister thinks fit to impose.

8. Searching for minerals

(1) Insert the following heading to section 32D of the

National Parks Act 1975—

"Authorities to search for minerals in
certain parks".

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 9

(2) In section 32D(1) of the National Parks Act

1975, for paragraphs (a), (b), (c) and (d)
substitute—

"(a) the parks described in any of the following—

(i) Part 30, 41, 42 or 43 of Schedule Two;

(ii)  Part 15, 26, 31, 36 or 38 of Schedule Two B;

(iii) Part 1 or 13 of Schedule Three;

(iv) Part 8 of Schedule Four—
in which searching for minerals under a
miner's right or tourist fossicking authority

will be permitted;

(b) the parks described in any of the following—

(i) Part 31 of Schedule Two;

(ii) Part 15 or 30 of Schedule Two B;

(iii) Part 15 of Schedule Three—
in which searching for gemstones under a
miner's right or tourist fossicking authority

will be permitted;

(c) the tidal zones of the park described in Part 4 of Schedule Four in which searching for gemstones under a miner's right or tourist fossicking authority will be permitted.".

(3) In section 32D(2) of the National Parks Act 1975, for "fossick or prospect or fossick and prospect (as the case may be)" substitute "search

for minerals".

9. Carriage and use of firearms—Reef Hills State Park

In section 37(2) of the National Parks Act

1975—

(a) for "to carry and use" substitute "to carry or use";

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 10 Act No. 50/2002

(b) after "Schedule Two or" insert "Part 38 of Schedule Two B or";

(c) for "6, 8 and 12" substitute "6 and 8".

10. Amendment to provisions relating to mining in parks

(1) In section 40 of the National Parks Act 1975, after sub-section (1B) insert—

"(1C) Despite sub-sections (1) and (1AA) of this section, a mining licence or an exploration licence may be granted (if the Minister so consents) in respect of any part of the park described in Part 41 of Schedule Two that is

shown by hatching or cross-hatching on the plans lodged in the Central Plan Office and numbered N.P. 105A and N.P. 105B.

(1D) A mining licence granted in accordance with sub-section (1C)—

(a) Resources Development Act 1990,

despite section 14 of the Mineral anything in the part of the park in respect of which the licence has been granted other than construct and operate minor mining infrastructure; and

(b) imposed by the Minister as to the

is subject to any terms and conditions effect any such infrastructure may have on the park.

(1E) An exploration licence granted in accordance with sub-section (1C) is subject to any terms and conditions that the Minister thinks fit to impose.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 10

(1F) Despite the application of sub-section (1) to

and section 14 of the Mineral Resources

the land described in Part 6 of Schedule Four granted in respect of any part of the land so described does not entitle the holder to carry out mining on the land surface of the whole or any part of the land so described.

(1G) Despite any provision of this Act or

section 14 of the Mineral Resources granted in respect of any part of the land described in Part 6 of Schedule Four may authorise the holder to construct and operate minor mining infrastructure (whether on the surface or otherwise) of the land so described, if the Minister has consented to any such construction or operation.

(1H) A mining licence in respect of which a

consent has been given under sub-section
(1G) is subject to any terms and conditions
imposed by the Minister as to the nature of
the infrastructure and as to the effect the
infrastructure may have on the land
described in Part 6 of Schedule Four.".

(2) In section 40(3) of the National Parks Act 1975,

for "(1) or (1A) or (2)" substitute "(1), (1A),
(1C), (1G) or (2)".

(3) In section 40(6) of the National Parks Act 1975,

for "lease licence permit or consent" substitute
"lease, licence or permit to which sub-section (1)
applies or any such consent of the Minister under
sub-section (1A) or (2)."

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 11 Act No. 50/2002

(4) In section 40 of the National Parks Act 1975, after sub-section (6) insert—

"(7) The Minister must cause notice of any

mining licence or exploration licence to
which sub-section (1C) or (1G) applies and
any consent of the Minister to the granting of
any such mining licence or exploration
licence to be laid before both Houses of
Parliament.".

11. Insertion of new sections 50A to 50N

After section 50 of the National Parks Act 1975 insert—

'50A. National Parks (Box-Ironbark and Other Parks) Act 2002—Cessation of rights

(1) On the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002—

(a) the lands delineated and coloured green on the plans lodged in the Central Plan Office and numbered N.P. 42/4 and

N.P. 42B, N.P. 84/2, N.P. 105A and cease to be reserved forest; and

(b) the lands delineated and coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 106 cease to be reserved forest.

(2) On the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the lands delineated and

coloured yellow on the plans lodged in the or road reserves and all rights, easements and

Central Plan Office and numbered N.P. 7/3,
N.P. 42/4 and N.P. 42A, N.P. 84/2,
N.P. 105A and N.P. 105B, N.P. 106 and

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 11

privileges existing or claimed either by the public or any other body and incidental to any express or implied grant or past

dedication or supposed dedication or any
past user or fiction of law cease and
determine.

(3) On the commencement of section 13 of the National Parks (Box-Ironbark and Other Parks) Act 2002—

(a) the lands delineated and coloured green on the plans lodged in the Central Plan Office and numbered N.P. 64/2,

N.P. 96/3 and N.P. 26/6 cease to be reserved forest; and

(b) the lands delineated and coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 64/2 cease to be reserved forest.

(4) On the commencement of section 13 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the lands delineated and

coloured yellow on the plans lodged in the be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any other body and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.
Central Plan Office and numbered N.P. 64/2,

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 11 Act No. 50/2002

50B. National Parks (Box-Ironbark and Other

Parks) Act 2002—Revocation of interests in land—Greater Bendigo National Park

On the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured grey on the plan lodged in the
Central Plan Office and numbered N.P. 105B
is deemed to be freed and discharged from
all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests over that land that were in existence
immediately before that commencement.

50C. National Parks (Box-Ironbark and Other

Parks) Act 2002—Land to become reserved
forest—Land adjoining Paddys Ranges
State Park

On the commencement of section 13 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured orange on the plan lodged in the
Central Plan Office and numbered

N.P. 96/3—

(a)	ceases to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed,
either by the public or any other body and incidental to any express or implied grant, or past dedication or supposed dedication or any past user or fiction of law cease and determine; and
(b)	the land is deemed to be reserved forest under section 42 of the Forests Act 1958.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 11

50D. National Parks (Box-Ironbark and Other

Parks) Act 2002—Continuation of licences to cut and take away forest produce for the purpose of eucalyptus oil harvesting under the Forests Act 1958—Greater Bendigo
National Park

(1) On the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, any licence in force

immediately before the commencement
of that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce for the purpose of
eucalyptus oil harvesting on any part of the
land shown by cross-hatching on the plan
lodged in the Central Plan Office and
numbered N.P. 105A, subject to the
provisions of the Forests Act 1958,
continues in force as a licence granted under
that Act until the date of its expiry.

(2) Despite anything to the contrary in this Act,

section 52 of the Forests Act 1958 continues
to apply to enable licences to be granted
under that section to cut and take away forest
produce for the purposes of eucalyptus oil
harvesting to a person who is the holder of a
licence to which sub-section (1) applies in
respect of any part of the land shown by
cross-hatching on the plan referred to in sub-
section (1). Any licence so granted may be
dealt with under that section.

(3) This section expires on 26 February 2012.

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 11

s. 11 Act No. 50/2002

50E. National Parks (Box-Ironbark and Other

Parks) Act 2002—Continuation of licences to cut and take away forest produce under the Forests Act 1958—Warby Range State Park

On the commencement of section 13 of the National Parks (Box-Ironbark and Other Parks) Act 2002, any licence in force

immediately before the commencement
of that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce on any part of the
land shown by cross-hatching on the plan
lodged in the Central Plan Office and
numbered N.P. 26/6, subject to the
provisions of the Forests Act 1958,
continues in force as a licence granted under
that Act until the date of its expiry.

50F. National Parks (Box-Ironbark and Other Parks) Act 2002—Granting of licences to cut and take away forest produce for

firewood under the Forests Act 1958— Certain national parks, State parks and Crown land reserves

(1) Despite anything to the contrary in this Act,

section 52 of the Forests Act 1958 continues
to apply to enable a licence to be granted
under that section to cut and take away for
firewood, forest produce that has been cut in
accordance with a licence granted under that
section before 13 July 2002, in respect of any
part of the land described in Part 41, 42 or 43
of Schedule Two, Part 15 of Schedule Two B
or Part 8 of Schedule Four. Any licence so
granted may be dealt with under that section.

(2) Sub-section (1) expires on 31 December

2005.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 11

(3) Despite anything to the contrary in this Act,

section 52 of the Forests Act 1958 continues
to apply to enable a licence to be granted
under that section to cut and take away for
firewood, forest produce that has been cut in
accordance with a licence to which
section 50E applies, in respect of any part of
the land shown by cross-hatching on the plan
lodged in the Central Plan Office and
numbered N.P. 26/6. Any licence so granted
may be dealt with under that section.

(4) Sub-section (3) expires on 30 June 2003.

50G. National Parks (Box-Ironbark and Other

Parks) Act 2002—Continuation of licences
to cut and take away forest produce under
the Forests Act 1958—Heathcote-Graytown
National Park

On the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, any licence in force

immediately before the commencement of
that section that was granted under
section 52 of the Forests Act 1958 to cut and
take away forest produce on any part of the
land described in Part 42 of Schedule Two,
subject to the provisions of the Forests Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.

50H. National Parks (Box-Ironbark and Other Parks) Act 2002—Continuation of apiary licences under the Land Act 1958 and the Forests Act 1958

(1) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- bee farm licence or apiary occupation right—

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 11 Act No. 50/2002

(a)	granted to a person under section 141, 147 or 149 of the Land Act 1958 in respect of any part of the land described in Part 30, 41, 42 or 43 of Schedule Two, Part 15 or 37 of Schedule Two B or Part 8 of Schedule Four; and
(b)	in force immediately before the commencement of those sections—

subject to the provisions of the Land Act
1958, continues in force as a licence granted

under that Act until the date of its expiry.

(2) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- licence to take honey—

(a)

granted to a person under section 52 of the Forests Act 1958 in respect of any part of the land described in Part 30, 41,

42 or 43 of Schedule Two, Part 15, 26
or 30 of Schedule Two B or Part 8 of
Schedule Four; and

(b)

in force immediately before the commencement of those sections—

subject to the provisions of the Forests Act 1958, continues in force as a licence granted under that Act until the date of its expiry.

50I. National Parks (Box-Ironbark and Other

Parks) Act 2002—Powers in relation to
certain grazing licences under the Land Act
1958 and the Forests Act 1958

(1) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- grazing licence for a term of one year—

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 11

(a) of the Land Act 1958 in respect of any
part of the land described in Part 41 or

granted to a person under section 130 Schedule Two B or Part 8 of Schedule Four; and

(b) in force immediately before that commencement—

subject to the provisions of the Land Act
1958, continues in force as a licence granted
under that Act until the date of its expiry.

(2) Despite anything to the contrary in this Act, section 130 of the Land Act 1958 continues to apply to enable grazing licences to be

granted under that section to a person who is
the holder of a licence to which sub-section
(1) applies in respect of land described in the
licence. Any licence so granted may be dealt
with under that section.

(3) Sub-sections (1) and (2) expire 3 years after

the commencement of sections 12, 13 and
15.

(4) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- grazing licence for a term of five years—

(a)

of the Land Act 1958 over any part of

granted to a person under section 130 Schedule Two, Part 15 or 37 of Schedule Two B or Part 8 of Schedule Four; and

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002

(b) in force immediately before that commencement—

subject to the provisions of the Land Act licence (whichever is the later).
1958, continues in force as a licence granted
under that Act until 3 years after the
commencement of sections 12, 13 and 15 of

the National Parks (Box-Ironbark and

(5) Despite the commencement of sections 12,

13 and 15 of the National Parks (Box- grazing licence—

(a)

granted to a person under section 52 of the Forests Act 1958 over any part of the land described in Part 30, 41 or 42 of Schedule Two, Part 15 of

Schedule Two B or Part 8 of
Schedule Four; and

(b)

in force immediately before the commencement of those sections—

subject to the provisions of the Forests Act 1958, continues in force as a licence granted under that Act until the date of its expiry.

(6) Despite anything to the contrary in this Act,

section 52 of the Forests Act 1958 continues
to apply to enable grazing licences to be
granted under that section to a person who is
the holder of a licence to which sub-section
(5) applies in respect of land described in the
licence. Any licence so granted may be dealt
with under that section.

(7) Sub-sections (5) and (6) expire 3 years after

the commencement of sections 12, 13 and
15.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 11

50J. National Parks (Box-Ironbark and Other

Parks) Act 2002—Continuation of grazing
licences under the Land Act 1958—
Mitchell River National Park

Despite the commencement of section 12 of
the National Parks (Box-Ironbark and

Other Parks) Act 2002, a grazing licence—

(a)	granted to a person under section 130 of the Land Act 1958 in respect of any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 7/3; and
(b)	in force immediately before that commencement—

subject to the provisions of the Land Act
1958, continues in force as a licence granted

under that Act until 30 June 2003.

50K. Land to become part of park on surrender

to the Crown

If the land shown delineated and coloured blue on the plan numbered N.P. 105B is not surrendered to the Crown before the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, that land is deemed to be excluded from the park described in Part 41 of Schedule Two until the title to the land is surrendered to the Crown.

50L. National Parks (Box-Ironbark and Other

Parks) Act 2002—Transitional provision—
Existing authorities under the Mineral
Resources Development Act 1990

(1) For the purposes of the renewal of an

exploration licence over any relevant Greater before the commencement of the National

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 11 Act No. 50/2002

Parks (Box-Ironbark and Other Parks) Act 2002, the licence is to be taken to be, on and from that commencement, an exploration licence to which section 40(1C) applies.

(2) In this section "relevant Greater Bendigo land" means that part of the park described in Part 41 of Schedule Two that is shown by hatching or cross-hatching on the plans

lodged in the Central Plan Office and numbered N.P. 105A and N.P. 105B.

50M. Registrar of Titles to make necessary amendments to records

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 to the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of any provision of the National Parks (Box-Ironbark and Other Parks) Act 2002.

50N. Native Title not affected by amendments

(1) The amendments made to this Act by the

National Parks (Box-Ironbark and Other native title rights and interests.

(2) Sub-section (1) does not apply in any case

where native title rights and interests are
affected or are authorised to be affected by

or under the Native Title Act 1993 of the
Commonwealth.

(3) In this section—

"affect" has the same meaning as in the

Native Title Act 1993 of the
Commonwealth;

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 12
s. 12

Act No. 50/2002

"native title rights and interests" has the

same meaning as in the Native Title
Act 1993 of the Commonwealth.'.

12. Amendment of Schedule Two

(1) In Part 8 of Schedule Two to the National Parks

Act 1975—

(a)	for "11 900 hectares" substitute "14 250 hectares";
(b)	for "Marlook" substitute "Marlooh, Morekana";
(c)	for "bordered red or bordered green" substitute "coloured pink";
(d)	omit ", excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue";

(e) for "N.P. 7/2" substitute "N.P. 7/3".

(2) In Part 23 of Schedule Two to the National Parks

Act 1975—

(a)	for "490 square kilometres" substitute "49 049 hectares";
(b)	after "Wilson's Promontory, being" insert "the land delineated and coloured pink on a plan lodged in the Central Plan Office and numbered N.P. 17A and".

(3) In Schedule Two to the National Parks Act 1975, for Part 30 substitute—

"PART 30—CHILTERN-MT PILOT NATIONAL

PARK

All those pieces and parcels of land
containing 21 565 hectares, more or less, in
the Parishes of Barambogie, Barnawatha
South, Beechworth, Byawatha, Chiltern,
Chiltern West, El Dorado, Everton,

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 12 Act No. 50/2002

Woorragee, Woorragee North, County of
Bogong, being the land delineated and
coloured pink or coloured green or coloured
yellow in the plans lodged in the Central
Plan Office and numbered N.P. 42/4 and

N.P. 42A.".

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

Act 1975—

(a)	for "3770 hectares" substitute "3 880 hectares";
(b)	for "bordered red" substitute "coloured pink or coloured green";
(c)	omit ", excepting therefrom the roads shown as excluded";

(d) for "N.P. 84/1" substitute "N.P. 84/2".

(5) In Schedule Two to the National Parks Act 1975, after Part 40 insert—

"PART 41—GREATER BENDIGO NATIONAL

PARK

All those pieces and parcels of land containing 17 000 hectares, more or less, situate in the Parishes of Bagshot, Egerton, Huntly, Lockwood, Mandurang, Neilborough, Nerring, Sandhurst, Strathfieldsaye and Whirrakee, County of Bendigo, being the land delineated and coloured pink or coloured green or coloured yellow or coloured grey or coloured blue excepting therefrom the roads shown as excluded in plans lodged in the Central Plan Office and numbered N.P. 105A and N.P. 105B and, in the case of the land shown by hatching or cross-hatching on those plans, that is at or above a depth of 100 metres below the land surface.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 13

PART 42—HEATHCOTE-GRAYTOWN

NATIONAL PARK

All those pieces and parcels of land
containing 12 700 hectares, more or less,
situate in the Township of Graytown and the
Parishes of Cherrington, Costerfield, Dargile,
Heathcote, Moormbool East, Moormbool
West, Redcastle and Wirrate, Counties of
Dalhousie and Rodney, being the land
delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
the Central Plan Office and numbered

N.P. 106.

PART 43—ST ARNAUD RANGE NATIONAL

PARK

All those pieces and parcels of land
containing 13 900 hectares, more or less,
situate in the Parishes of Barkly, Boola
Boloke, Carapooee West and Redbank,
County of Kara Kara, being the land
delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
the Central Plan Office and numbered

N.P. 107.".

13. Amendment of Schedule Two B

(1) In Schedule Two B to the National Parks Act 1975, Parts 13 and 14 are repealed.

(2) In Schedule Two B to the National Parks Act 1975, for Part 15 substitute—

"PART 15—KOOYOORA STATE PARK

All those pieces and parcels of land containing 11 350 hectares, more or less, situate in the Township of Kooyoora and the Parishes of Brenanah, Glenalbyn,

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 13 Act No. 50/2002

Kangderaar, Kingower, Tchuterr and Wehla,
County of Gladstone, being the land
delineated and coloured pink or coloured
green or coloured yellow in a plan lodged in
the Central Plan Office and numbered
N.P. 64/2.".

(3) In Part 26 of Schedule Two B to the National Parks Act 1975—

(a)	for "1675 hectares" substitute "2 010 hectares";
(b)	for "Parishes of Amherst and Maryborough" substitute "Parishes of Amherst, Bung Bong and Maryborough";
(c)	excepting therefrom the roads shown as excluded, also excepting therefrom land

for "bordered red or coloured yellow coloured green or coloured yellow";

(d) for "N.P. 96/2" substitute "N.P. 96/3".

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

(a)	for "7600 hectares" substitute "11 460 hectares";
(b)	for "Parishes of Glenrowen, Killawarra and Taminick" substitute "Parishes of Boweya, Glenrowen, Killawarra, Peechelba and

Taminick";

(c)	excepting therefrom the Wangaratta–Thoona road and the roads shown as excluded, also excepting therefrom the land bordered blue for "bordered red or bordered green, coloured green or coloured yellow in a plan";
(d)	for "N.P. 26/5 and N.P. 26A" substitute "N.P. 26/6".

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 14

(5) In Schedule Two B to the National Parks Act 1975, Part 33 is repealed.

(6) In Schedule Two B to the National Parks Act 1975, after Part 36 insert—

"PART 37—BROKEN-BOOSEY STATE PARK

All those pieces and parcels of land
containing 1 030 hectares, more or less,
situate in the Townships of Dunbulbalane,
Katamatite and Wunghnu and the Parishes of
Boosey, Drumanure, Dunbulbalane,
Katamatite, Naringaningalook, Tharanbegga,
Youanmite and Youarang, County of Moira,
being the land delineated and coloured pink
and coloured yellow excepting therefrom the
roads shown as excluded in a plan lodged in
the Central Plan Office and numbered

N.P. 108.

PART 38—REEF HILLS STATE PARK

All those pieces and parcels of land containing 2 020 hectares, more or less, situate in the Parishes of Benalla and Kelfeera, County of Delatite, being the land delineated and coloured pink in a plan lodged in the Central Plan Office and numbered N.P. 68/1.".

14. Amendment of Schedule Three

(1) In Part 1 of Schedule Three to the National Parks

Act 1975—

(a) for "1130 hectares" substitute "1 080 hectares";

(b) for "N.P. 38A/1" substitute "N.P. 38A/2".

(2) In Schedule Three to the National Parks Act 1975, Part 12 is repealed.

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 15 Act No. 50/2002

15. Amendment of Schedule Four

(1) In Part 6 of Schedule Four to the National Parks

Act 1975—

(a) LEAD FLORA AND FAUNA
RESERVE" substitute "DEEP LEAD

in the heading to the Part, for "DEEP (NO. 1)";

(b)	after "1120 hectares, more or less," insert "to a depth of 100 metres below the land surface";
(c)	after "24 November 1987" insert "and section 33 of the Crown Land (Reserves) Act 1978";
(d)

after "2 December 1987" insert "and section 1978";

(e) for "Sections 1 to 6 inclusive, 9 to 27 inclusive, 33(2), 33(3) and 35 to 48 inclusive." substitute "Sections 3, 4(b) and (c), 6, 11, 14, 15, 16, 16A, 18, 19, 19B, 19F, 20, 21, 22, 23, 24, 26A, 27, 33, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48.".

(2) In Schedule Four to the National Parks Act 1975, after Part 7 insert—

"PART 8—CASTLEMAINE DIGGINGS

NATIONAL HERITAGE PARK

Description

Crown land permanently reserved under section 31 of the Crown Land (Reserves) Act 1978 for the purposes of the protection of cultural and natural heritage.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 15

Section of Act under which land is managed

19B.

Date of appointment of Secretary to manage the land

The date on which section 17 of the
National Parks (Box-Ironbark and Other

Parks) Act 2002 comes into operation.

Provisions of Act that apply to the land

Sections 3, 4(b) and (c), 6, 11, 14, 15, 16, 16A, 18, 19, 19B, 19F, 20, 21, 22, 23, 24, 26A, 27, 32D, 33, 35, 36, 37, 38, 39, 41, 43,

44, 45, 46, 47, 47A, 47B, 47C and 48.

Application of Regulations to the land

Park Regulations 1992. follows—

All those pieces and parcels of land
containing 7 500 hectares, more or less,
situate in the Township of Fryerstown
and the Parishes of Castlemaine,
Chewton, Faraday, Fryers, Holcombe
and Yandoit, County of Talbot, being
the land delineated and coloured pink
or coloured green or coloured yellow in
plans lodged in the Central Plan Office
of the Department of Natural Resources
and Environment and numbered
N.P. 109A, N.P. 109B and N.P. 109C
to the extent that that land is at or above
a depth of 100 metres below the land
surface .".

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 16 Act No. 50/2002

16. Amendment of Schedule Six

(1) In Part 21 of Schedule Six to the National Parks Act 1975, after "Dannevig island" insert "Citadel island".

(2) In Schedule Six to the National Parks Act 1975, after Part 21 insert—

"PART 22—SOUTHERN WILSONS

PROMONTORY AREA

All those pieces and parcels of land, containing 144 square kilometres more or less, situate in the Wilsons Promontory National Park, being the land shown bordered red on a plan lodged in the Central Plan Office and numbered

N. P.R.N.A. 21.".

__________________

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 17

PART 3—AMENDMENTS TO THE CROWN LAND

(RESERVES) ACT 1978

See:

17. Castlemaine Diggings National Heritage Park placed Act No.

under control and management of Secretary	9212. Reprint No. 6
(1) In section 18 of the Crown Land (Reserves) Act 1978, after sub-section (1) insert—	as at 1 December
2001 and amending
"(1A) The land described in section 31 is placed under the control and management of the	Act No.
11/2002. LawToday:

Secretary for the purposes of section 19B of
the National Parks Act 1975.".	dpc.vic.
gov.au

(2) In section 18(2) of the Crown Land (Reserves) Act 1978, after "(1)" insert "or (1A)".

18. Insertion of new Part 6

After Part 5 of the Crown Land (Reserves) Act

1978 insert—

"PART 6—PROVISIONS RELATING TO

PARTICULAR CROWN LAND RESERVES

31. Castlemaine Diggings National Heritage
Park

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, any reservation of the

Castlemaine diggings land is revoked and the land—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 18 Act No. 50/2002

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of cultural and natural heritage.

(2) In this section "Castlemaine diggings

land" means all those pieces and parcels of land containing 7 500 hectares, more or less, situate in the Township of Fryerstown and

the Parishes of Castlemaine, Chewton, County of Talbot, being the land delineated and coloured pink or coloured green or coloured yellow in plans lodged in the Central Plan Office of the Department of Natural Resources and Environment and numbered N.P. 109A, N.P. 109B and N.P. 109C, to the extent that that land is at or above a depth of 100 metres below the land surface.

32. Castlemaine Diggings National Heritage
Park—Cessation of rights

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002—

(a)	the lands delineated and coloured green on the plans lodged in the Central Plan Office of the Department of Natural
Resources and Environment and numbered N.P. 109B and N.P. 109C cease to be reserved forest; and

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 18

(b) the lands delineated and coloured brown on the plan lodged in the Central Plan Office of the Department of Natural Resources and Environment and numbered N.P. 109B cease to be reserved forest.

(2) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the lands delineated and

coloured yellow on the plans lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered N.P. 109A, N.P. 109B and
N.P. 109C cease to be roads or parts of roads
or road reserves and all rights, easements and
privileges existing or claimed either by the
public or any other body and incidental to
any express or implied grant or past
dedication or supposed dedication or any
past user or fiction of law cease and
determine.

33.  Deep Lead Nature Conservation Reserve (No. 1)—Revocation of part of reserve

(1) On the commencement of section 15 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the reservation of the land described in the Fourth Schedule is revoked and the land—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land.

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 18 Act No. 50/2002

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

34.  Deep Lead Nature Conservation Reserve (No. 1)—Cessation of rights

On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, any part of the land

described in Part 6 of Schedule Four of the forest ceases to be reserved forest.

35.  Deep Lead Nature Conservation Reserve (No. 2)

On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

lodged in the Central Plan Office of the
Department of Natural Resources
and Environment and numbered

coloured pink or coloured green on the plan at or above a depth of 100 metres below the land surface, is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes specified in paragraphs (l), (m), (n) and (o) of section 4.

36.  Deep Lead Nature Conservation Reserve (No. 2)—Cessation of rights

On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured green on the plan lodged in the Central Plan Office of the Department of Natural Resources and Environment and numbered LEGL./02–070 ceases to be

reserved forest.

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 18

37. Black Dog Creek Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink on the plan lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and

numbered LEGL./02–071—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

38. Nathalia Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink or coloured yellow excepting
therefrom the roads shown as excluded on
the plan lodged in the Central Plan Office of
the Department of Natural Resources and
Environment and numbered
LEGL./02–072—

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 18 Act No. 50/2002

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

39. Numurkah Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink excepting therefrom the roads shown as excluded on the plan lodged in the Central Plan Office of the Department of
Natural Resources and Environment and

numbered LEGL./02–073—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 18

(c) is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

40. Tungamah Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink or coloured yellow excepting
therefrom the roads shown as excluded on
the plan lodged in the Central Plan Office of
the Department of Natural Resources and
Environment and numbered

LEGL./02–074—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 18 Act No. 50/2002

41. Wattville Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink excepting therefrom the roads shown as excluded on the plan lodged in the Central Plan Office of the Department of
Natural Resources and Environment and

numbered LEGL./02–075—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

42. Youarang Natural Features Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink excepting therefrom the roads shown as excluded on the plan lodged in the Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02–076—

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 18

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b)	any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and
(c)	is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of natural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

43. Eldorado Historic Reserve

(1) On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the land delineated and

coloured pink or coloured yellow on the plan
lodged in the Central Plan Office of the
Department of Natural Resources and
Environment and numbered

LEGL./02–077—

(a) Crown, freed and discharged from all
trusts, limitations, reservations,

is deemed to be unalienated land of the interests; and

(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked in so far as they apply to the land; and

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 19 Act No. 50/2002

(c) is deemed to be permanently reserved under this Act for public purposes, being, in particular, the purposes of the protection of historic and cultural features.

(2) Sub-section (1)(a) is not to be taken to affect any licence or authority issued under this or any other Act or any regulations.

44.  Cessation of rights—Certain Crown land reserves

On the commencement of section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002, the lands delineated and

coloured yellow on the plans lodged in the
Central Plan Office of the Department of
Natural Resources and Environment and
numbered LEGL./02–072, LEGL./02–074
and LEGL./02–077 cease to be roads or parts
of roads or road reserves and all rights,
easements and privileges existing or claimed
either by the public or any other body and
incidental to any express or implied grant or
past dedication or supposed dedication or
any past user or fiction of law cease and
determine.".

19. Further amendment of the Crown Land (Reserves) Act 1978

The Crown Land (Reserves) Act 1978 is
amended as set out in the Schedule.
__________________

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 20

PART 4—AMENDMENTS TO OTHER ACTS

See:

20. Mineral Resources Development Act 1990—Mining Act No.

in Greater Bendigo National Park	92/1990. Reprint No. 5
In section 6 of the Mineral Resources	as at 23 August
Development Act 1990, after sub-section (2)	2001 and
insert—	amending Act Nos
"(3) Despite sub-section (1), that part of the park described in Part 41 of Schedule Two to the	71/2001, 82/2001 and
40/2002.

National Parks Act 1975 that is shown by	LawToday:
hatching or cross-hatching on the plans	dpc.vic.
lodged in the Central Plan Office and	gov.au
numbered N.P. 105A and N.P. 105B is not exempt from being subject to a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence.".

21.  Insertion of new section 6A in the Mineral Resources Development Act 1990

After section 6 of the Mineral Resources
Development Act 1990 insert—

'6A. Extent of application of licences and

authorities under this Act to Deep Lead
Nature Conservation Reserve (No. 2)

(1) Despite section 14, a mining licence issued	over the Deep Lead Nature Conservation carry out mining on the land surface of the whole or any part of the Reserve.
(2) Despite sub-section (1), a mining licence	granted over any part of the Deep Lead authorise the holder to construct and operate minor mining infrastructure on the land surface of the Reserve, if the Minister

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 22 Act No. 50/2002

administering section 4 of the Crown Land
(Reserves) Act 1978 has consented to any
such construction or operation. Consent
under this sub-section must not be

unreasonably withheld.

(3) A mining licence in respect of which a

is subject to any terms and conditions
imposed by the Minister administering
section 4 of the Crown Land (Reserves)

consent has been given under sub-section (2) infrastructure and as to the effect the infrastructure may have on the Reserve.

(4) Deep Lead Nature Conservation Reserve

(No. 2) is exempted from being subject to a miner's right or tourism fossicking authority under Part 5.

(5) In this section "Deep Lead Nature

Conservation Reserve (No. 2)" means the
land described in section 35 of the Crown
Land (Reserves) Act 1978.'.

22.  Amendment of section 55 of the Mineral Resources Development Act 1990—Miner's right

In section 55(1)(b) of the Mineral Resources
Development Act 1990, after "6" insert ", 6A".

23.  Amendment of section 59 of the Mineral Resources Development Act 1990—Tourist fossicking authority

In section 59(1)(b) of the Mineral Resources
Development Act 1990, after "6" insert ", 6A".

24.  Mineral Resources Development Act 1990—Restricted Crown land

(1) In clause 1 of Schedule 3 to the Mineral

Resources Development Act 1990, for "a
recommendation made by the Land Conservation
Council under section 5(1)(a) of the Land

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 24

Conservation Act 1970 of which notice has been
given by the Governor in Council under section
10(3) of that Act" substitute—

"—

(aa) a recommendation of the Victorian

Environmental Assessment Council, to the
extent that that recommendation has been
accepted by the Government under Part 3 of
the Victorian Environmental Assessment

Council Act 2001; or

(ab) in any case where paragraph (aa) does not

apply, a recommendation of the Land the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force)—".

(2) In clause 1 of Schedule 3 to the Mineral Resources Development Act 1990, for paragraph (k) substitute—

"(k) coastal reserves;

(l) national heritage parks;

(m) nature conservation reserves;

(n) historic and cultural features reserves.".

(3) In Schedule 3 to the Mineral Resources

Development Act 1990, after clause 4 insert—

"4A. Any land that is described in section 37, 38,

39, 40, 41, 42 or 43 of the Crown Land
(Reserves) Act 1978.".

National Parks (Box-Ironbark and Other Parks) Act 2002

s. 25 Act No. 50/2002

25. Reference Areas Act 1978—Definitions

See:
Act No.

9093. In section 2 of the Reference Areas Act 1978, for

Reprint No. 1
as at	the definition of "public land" substitute—
24 April 1997
and	' "public land" means—
amending

(a) any unalienated land of the Crown,

Act No.
41/1997.

LawToday:	including land temporarily or
permanently reserved under the Crown
dpc.vic.
gov.au	Land (Reserves) Act 1978;

(b)	State forest, within the meaning of the Forests Act 1958;
(c)	park, within the meaning of the National Parks Act 1975;
(d)	land vested in any public authority, other than—

(i) a municipal council; or

(ii) 1989, to the extent that the land
vested in the Authority is within a
sewerage district listed in

an Authority under the Water Act Act.'.

26. Reference Areas Act 1978—Proclamation of reference areas

At the end of section 3 of the Reference Areas
Act 1978 insert—

"(2) Where the Minister, after having considered

a recommendation of the Victorian
Environmental Assessment Council under
the Victorian Environmental Assessment
Council Act 2001, is of the opinion that any
area of public land should be preserved in its
natural state as far as is possible, because the
area is of ecological interest and
significance, the Minister may recommend to

National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 s. 27

the Governor in Council that that area be

proclaimed to be a reference area.".

See:

27. Amendment to Forests Act 1958—Declaration of Act No.

protected public lands	6254. Reprint No. 7
In section 62(1A) of the Forests Act 1958, for	as at 18 February
paragraph (d) substitute—	1999 and amending
"(d) the land is placed under the control and management of the Secretary pursuant to	Act Nos
53/1999,
66./2000,

section 18 of the Crown Land (Reserves)	69/2000,
Act 1978 for the purposes of section 19B of	74/2000,
11/2001,
the National Parks Act 1975, the land is	44/2001 and
deemed to be protected public land;".	84/2001. LawToday:
dpc.vic.
gov.au

__________________
National Parks (Box-Ironbark and Other Parks) Act 2002

Sch. Act No. 50/2002

SCHEDULE

INSERTION OF FOURTH SCHEDULE IN THE CROWN

LAND (RESERVES) ACT 1978

After the Third Schedule to the Crown Land (Reserves) Act 1978 insert—

"FOURTH SCHEDULE

Situation and area of land	Crown Allotments 214H, 214J and 214K Parish of Illawarra, 1120 hectares at a depth of more than 100 metres below the land surface
Instrument and date of reservation	Order in Council dated 24 November 1987
Description of land by reference	Government Gazette dated
to Government Gazette	2 December 1987, page 3272
Purpose of reservation	For the preservation of species of native plants
Extent of revocation	All of the land

".

═══════════════
National Parks (Box-Ironbark and Other Parks) Act 2002

Act No. 50/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 12 September 2002

Legislative Council: 18 October 2002

The long title for the Bill for this Act was "to amend the National Parks
Act 1975 to create new parks and make further provision in relation to
existing parks and other Crown land, to create new reserves under the
Crown Land (Reserves) Act 1978, to otherwise amend the Crown Land
(Reserves) Act 1978, the Mineral Resources Development Act 1990,
the Reference Areas Act 1978 and the Forests Act 1958 and for other
purposes."