National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 (Vic)

No judgment structure available for this case.

National Parks (Marine National Parks and Marine

Sanctuaries) Act 2002

Act No. 40/2002

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. Objects 3
5. Secretary to enter into management agreements 4
6. Insertion of new Division 1B of Part III 4
Division 1B—Marine National Parks and Marine
Sanctuaries 4

17D. Marine national parks and marine sanctuaries 4

7. Insertion of new section 21A 6

21A. Permits to take fish or fishing bait for research in

marine national parks and marine sanctuaries 6

8. Insertion of new section 32O 6

32O. Access rights—French Island Marine National Park parks and marine sanctuaries

6
9. Additional powers of authorised officers in marine national
7
10. Insertion of new section 38AA 7
38AA. Production of identification 7
11. Extractive industries and petroleum operations 8
12. Insertion of new sections 40A and 40B 9

40A. Leases etc. under the Petroleum (Submerged Lands)

Act 1982 deemed to be subject to conditions 9
40B. Pipelines and seafloor cables in marine national parks

and marine sanctuaries 10

13. Insertion of heading in Part V 11
14. Carriage, possession and use of spear guns 11
15. Offence to fail to comply with direction of authorised officer 12

i

Section Page

16. Insertion of new Division and Heading 13
Division 2—Offences in Marine National Parks and
Marine Sanctuaries and Related Matters 13

45A. Fishing offences in marine national parks and marine

sanctuaries 13
45B. Approval to remain in Point Hicks Marine National

Park 16
45C.

Proceedings and enforcement under this Division 16
45D.

Liability for offences in relation to employees 16
45E.

Time for bringing proceedings 17
Division 3—Provisions relating to proceedings and other

matters 17

17. Amendment of Part heading 17
18. Regulation making powers 18
19. Insertion of new section 48A 18

48A. Native title not affected by amendments 18

20. Insertion of new section 59 19
59. National Parks (Marine National Parks and

Marine Sanctuaries) Act 2002—Excision of land to become part of marine national parks and marine sanctuaries

19

21. Amendment of Schedule Two 21
22. Amendment of Schedule Three 23
23. Amendment of Schedule Four 23
24. Further amendments to the National Parks Act 1975 24

PART 3—AMENDMENTS TO THE FISHERIES ACT 1995 25

25. Amendment of immunity provision 25
26. Amendment of secrecy provision 25
27. Insertion of new Part 10 in the Fisheries Act 1995 25
PART 10—TRANSITIONAL PROVISIONS—NATIONAL
PARKS (MARINE NATIONAL PARKS AND MARINE
SANCTUARIES) ACT 2002 25
Division 1—General 25

164. Definitions 25
165. Compensation only payable to licence holders and
permit holders as provided in this Part 33
166. Certificate for purposes of evidence 34

ii

Section Page
Division 2—Entitlements for eligible rock lobster access

licence holders 35
167.        Reduced catch entitlements—eligible rock lobster

access licence holders 35
168.        Increased costs entitlements—eligible rock lobster

access licence holders 36
Division 3—Entitlements for eligible specified access

licence holders 37
169.        Reduced catch entitlements—eligible specified access

licence holders 37
170.        Increased costs entitlements—eligible specified access

licence holders 40
Division 4—Entitlements for eligible charter boat

operators 41
171.        Increased costs entitlements—eligible charter boat

operators 41
Division 5—Determinations of the Panel—eligible rock
lobster access licence holders and eligible specified access

licence holders 42
172.        Application to Panel for determination of interim
payment—eligible rock lobster access licence holders

and eligible specified access licence holders 42
173.

Determinations of the Panel as to interim payments— eligible rock lobster access licence holders and eligible specified access licence holders 43
174.        Application to Panel for determination of final
payment—eligible rock lobster access licence holders

and eligible specified access licence holders 44
175.        Determinations of the Panel as to final payments—
eligible rock lobster access licence holders and eligible

specified access licence holders 45
176.        Procedures for making determinations of final
payments—eligible rock lobster access licence holders

and eligible specified access licence holders 48
Division 6—Determinations of the Panel—eligible charter

boat operators 49
177.        Application to Panel for determination of interim

payment—eligible charter boat operators 49
178.        Determinations of the Panel as to interim payments—

eligible charter boat operators 50
179.        Application to Panel for determination of final

payment—eligible charter boat operators 51

iii

Section Page
180. Determinations of the Panel as to final payments—

eligible charter boat operators 52
181. Procedures for making determinations of final

payments—eligible charter boat operators 54

Division 7—Review of determinations by the Tribunal 55

182. Applications for the Tribunal to review determinations 55
183. Determinations of applications by the Tribunal 56

Division 8—Constitution and proceedings of the Panel 56

184. Compensation Assessment Panel 56
185. Deputies for members of the Panel 58
186. Registrar of the Panel 59
187. Meetings of the Panel 59
188. Proceedings of the Panel 59
189. Conducting proceedings of the Panel 60

Division 9—Constitution and proceedings of the Tribunal 61

190. Compensation Appeals Tribunal 61
191. Deputies for members of the Tribunal 63
192. Registrar of the Tribunal 64
193. Meetings of the Tribunal 64
194. Proceedings of the Tribunal 64
195. Conducting proceedings of the Tribunal 65

Division 10—Annual reports on fisheries 66

196. Annual reports on fisheries to be prepared 66
197. Tabling of annual reports on fisheries 67
198. Minister to have regard to reports 67

PART 4—AMENDMENTS TO OTHER ACTS 68
28. Amendment of the Extractive Industries Development

Act 1995—Prevention of extractive industries in parks 68
29. Amendment of the Mineral Resources Development Act

1990—Prevention of mining activities in parks 68

PART 5—REVOCATION OF RESERVES 69

30. Revocation of Fisheries Reserves 69
31. Revocation of Wildlife Reserve 69

__________________

iv

Section Page

SCHEDULES 70
SCHEDULE 1—Insertion of new Schedules Seven and Eight in the

National Parks Act 1975 70

SCHEDULE 2—Revocation of Fisheries Reserves 75
SCHEDULE 3—Revocation of Wildlife Reserve 77

═══════════════

ENDNOTES 78

v

Victoria

No. 40 of 2002

National Parks (Marine National Parks

and Marine Sanctuaries) Act 2002†

[Assented to 18 June 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 provide for marine national parks and marine sanctuaries; and

(b)

to make other amendments to the National Parks Act 1975; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 2

(c)

to amend the Fisheries Act 1995 to provide for a compensation scheme for the introduction of marine national parks and marine sanctuaries and to make other related amendments to that Act; and

(d)

to make consequential amendments to other Acts.

2. Commencement
This Act comes into operation on 16 November
2002.

_______________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 3	Act No. 40/2002

PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT

1975

3. Definitions

See:

Act No.

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

8702. (a) insert the following definitions—

Reprint No. 8
as at
25 January	' "boat" means any means of transportation
2001
and	on water;
amending
Act Nos	"fish" has the same meaning as in the
38/1989,	Fisheries Act 1995;
66/2000,
82/2000,	"fishing bait" has the same meaning as in
44/2001 and
11/2002.	the Fisheries Act 1995;
LawToday:
"marine national park" means any land
dpc.vic.
gov.au	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;
"priority species" has the same meaning as
in the Fisheries Act 1995;

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

(b)

in the definition of "park", after "State park" insert ", marine national park, marine sanctuary";
(c) the definition of "relevant land" is repealed.
4. Objects
In section 4(a) of the National Parks Act 1975, for "and State parks" substitute ", State parks, marine national parks and marine sanctuaries".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 5

5. Secretary to enter into management agreements

In section 16A of the National Parks Act 1975, for "relevant land" substitute—
"—

(a)

a national park or State park under section 17;
(b) a wilderness park under section 17A;

(c)

a marine national park or marine sanctuary under section 17D;
(d) a park under section 18;

(e)

land to which an Order in force under section 19F(1) applies;

(f)

land managed under section 19AA, 19A, 19C, 19E or 32AA".

6. Insertion of new Division 1B of Part III
In Part III of the National Parks Act 1975, after
Division 1A insert—
"Division 1B—Marine National Parks and
Marine Sanctuaries

17D. Marine 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.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 6	Act No. 40/2002

(3) The Secretary 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)
environment and indigenous flora
and fauna of the park and any
features of the park which are of
geological, geomorphological,
ecological, scenic, archaeological,
preserve and protect the natural and

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

(iii)
provide for the eradication or found in the park; and

(b) subject to paragraph (a)—

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

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

(c)

prepare a plan of management in respect of each marine national park and each marine sanctuary.".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 7
7. Insertion of new section 21A
After section 21 of the National Parks Act 1975 insert—
"21A. Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries
(1) The Secretary may, in respect of a marine
national park or a marine sanctuary, grant a permit to a person to take fish or fishing bait for the purpose of any research, study or
investigation that the Secretary considers—
(a) is appropriate; and

(b) does not detrimentally affect the area as a marine national park or marine sanctuary.
(2) A permit under sub-section (1) is subject to the terms and conditions determined by the Secretary.
(3) The holder of a permit must comply with the

terms and conditions of the permit.
Penalty: 20 penalty units.

(4) A person who acts under and in accordance

with a permit under this section does not
commit an offence under the Fisheries Act
1995.".

8. Insertion of new section 32O
After section 32N of the National Parks Act
1975 insert—
'32O. Access rights—French Island Marine
National Park
(1) The Minister may grant to a person who holds a fee-simple interest in land on French

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 9	Act No. 40/2002

Island any rights of access to that land over the park that are, in the Minister's opinion, reasonable.
(2) A right of access under sub-section (1) is

subject to any terms and conditions
determined by the Minister.

(3) For the purpose of allowing a person to

exercise a right of access under sub-section
(1), the Minister may exempt that person
from any regulation made under this Act
affecting the park.

(4) In this section "park" means the land described in Part 6 of Schedule Seven.'.
9. Additional powers of authorised officers in marine national parks and marine sanctuaries
At the end of section 38 of the National Parks
Act 1975 insert—
"(2) An authorised officer may direct any person who is in a marine national park or a marine sanctuary to cease engaging in an activity in the park, if, in the opinion of the authorised officer, the activity in which the person is
engaging contravenes this Act, regulations
made under this Act or a permit issued under
this Act.".

10. Insertion of new section 38AA
After section 38 of the National Parks Act 1975 insert—
'38AA. Production of identification
(1) An authorised officer must produce his or

her identification for inspection, if asked to
do so—

(a) before exercising the authorised
officer's power under section 38(2); and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 11

(b)

at any time during the exercise of any such power under section 38(2)—
unless the request is unreasonable in the
circumstances.
(2) In this section, "identification", in relation to an authorised officer, means a document that—

(a)

sets out the name of the authorised officer; and

(b)

contains a photograph of the authorised officer; and

(c)

indicates the fact that the person named in the document is authorised—
and that is in a form approved by the
Secretary.'.

11. Extractive industries and petroleum operations
(1) In section 40 of the National Parks Act 1975, after sub-section (1AA) insert—
"(1AAA) The Minister must not consent to the grant of
a work authority under section 19 of the
Extractive Industries Development Act
1995 in respect of land in a marine national
park or a marine sanctuary.".

(2) In section 40(2) of the National Parks Act 1975, for paragraph (b) substitute—
"(b) in a marine national park or a marine sanctuary except—
(i) for the purposes of petroleum exploration from an aircraft or from a vessel that is carried out in a manner which does not detrimentally affect the seabed of the park or any flora or fauna of the park; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 12

Act No. 40/2002

(ii) with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose; or

(c) in any land in any park (other than a wilderness park, wilderness zone, marine national park or marine sanctuary) except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.".
(3) In section 40(5) of the National Parks Act 1975, for "or (2)" substitute "or (2)(c)".

12. Insertion of new sections 40A and 40B
After section 40 of the National Parks Act 1975 insert—

"40A. Leases etc. under the Petroleum

(Submerged Lands) Act 1982 deemed to be
subject to conditions
Except as provided for under section 40B(2),
a lease, licence or permit under the
Petroleum (Submerged Lands) Act 1982
that is either wholly or partly over land in a
marine national park or a marine sanctuary is
deemed to be subject to the conditions that—

(a) exploration for petroleum must not be carried out under the lease, licence or permit in the park or sanctuary unless—
(i) it is done from a vessel or aircraft and is carried out in a manner that does not detrimentally affect the

seabed of the park or any flora or
fauna of the park; and
(ii) before the exploration is carried out, the Minister consents to the carrying out of the exploration, subject to any terms and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 12
conditions that the Minister thinks
fit to impose; and
(iii) the exploration is carried out in accordance with any terms and conditions that the Minister has imposed on his or her consent; and

(b)

any other operations that are authorised by the lease, licence or permit are not carried out in the park or sanctuary.

40B. Pipelines and seafloor cables in marine
national parks and marine sanctuaries
(1) A consent to a use or development of Crown land involving a pipeline or a seafloor cable must not be granted under the Coastal

Management Act 1995—

(a) in respect of any part of a marine sanctuary; or
(b) in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.
(2) A pipeline licence must not be granted under

the Petroleum (Submerged Lands) Act
1982—

(a)

in respect of any part of a marine sanctuary; or

(b)

in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 13

Act No. 40/2002

(3) A permit, easement, licence or other

authority must not be granted under the
Pipelines Act 1967—

(a) in respect of any part of a marine sanctuary; or
(b) in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.
(4) The Minister must not consent under this section unless—

(a)
considered the advice of the Minister
the Minister has first obtained and Effects Act 1978; and

(b)

the Minister is satisfied that there is no reasonable alternative outside the park.".
13. Insertion of heading in Part V
In Part V of the National Parks Act 1975, after the heading to the Part insert—
"Division 1—General Offences".

14. Carriage, possession and use of spear guns
In section 44 of the National Parks Act 1975, after sub-section (2) insert—
"(3) Sub-section (1) does not apply to a person

who, before 1 April 2004, carries a spear gun

or has a spear gun in his or her possession
in—

(a)

a park described in Part 2, 5 or 11 of Schedule Seven; or

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 15

(b) that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of
Schedule 2 to the National Parks
(Marine National Parks and Marine
Sanctuaries) Act 2002.
(4) Sub-section (2) does not apply to a person who, before 1 April 2004, uses a spear gun in—

(a) a park described in Part 2, 5 or 11 of Schedule Seven; or
(b) that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of
Schedule 2 to the National Parks
(Marine National Parks and Marine
Sanctuaries) Act 2002.".
15. Offence to fail to comply with direction of authorised officer
In section 45 of the National Parks Act 1975, after sub-section (6) insert—
"(7) A person to whom a direction of an
authorised officer under section 38(2) has
been given must comply with that direction.
Penalty: 20 penalty units.
(8) A person is not guilty of an offence under

sub-section (7) if the authorised officer who
gave the direction failed to produce his or
her identification under section 38AA.".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 16

Act No. 40/2002

16. Insertion of new Division and Heading
After section 45 of the National Parks Act 1975 insert—
'Division 2—Offences in Marine National Parks and Marine Sanctuaries and Related
Matters

45A. Fishing offences in marine national parks and marine sanctuaries
(1) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for sale.

Penalty: 200 penalty units or 12 months
imprisonment or both, in the case
of a natural person.
400 penalty units, in the case of a
body corporate.
(2) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for purposes other than
for sale, unless that person does so under and
in accordance with a permit granted under
section 21A.

Penalty: 60 penalty units or 6 months
imprisonment or both.
(3) A person must not, in a marine national park or a marine sanctuary—

(a)

use, form or create a habitat (whether natural or artificial or partly natural and partly artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait; or

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 16

(b)

hatch, breed, display or grow fish or fishing bait.

Penalty: 100 penalty units or 6 months
imprisonment or both, in the case
of a natural person.
200 penalty units, in the case of a
body corporate.
(4) A person must not, in a prescribed area of

the park described in Part 2 of Schedule
Seven, be in charge of a boat—

(a) that is of a prescribed class of boats; or

(b)

that is carrying equipment that is of a prescribed class of equipment.

Penalty: 100 penalty units or 6 months
imprisonment or both, in the case
of a natural person.
200 penalty units, in the case of a
body corporate.
(5) A person must not, in a marine national park

or a marine sanctuary, have in the person's
possession or the person's charge a boat
carrying a priority species.

Penalty: 100 penalty units or 6 months
imprisonment or both, in the case
of a natural person.
200 penalty units, in the case of a
body corporate.
(6) It is a defence in any proceedings for an

offence against sub-section (5) if the person
charged with the offence proves that the boat
was travelling by the shortest practicable
route from a point outside the park to another
point outside the park.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 16

Act No. 40/2002

(7) A licence, permit or other authority (however

described) issued under the Fisheries Act
1995 does not authorise the holder to act in a
manner that is prohibited by this section.

(8) An Order in Council, order, notice, direction
or plan (however described) under the person to act in a manner that is prohibited by this section.
(9) Sub-sections (1), (2) and (5) do not apply to the parks described in Parts 2, 4, 5 and 11 of Schedule Seven and the unregulated land in the park described in Part 8 of Schedule

Eight until 1 April 2004.

(10) Sub-section (4) does not apply to the park

described in Part 2 of Schedule Seven until
1 April 2004.

(11) Section 43 does not apply to prohibit the
carrying on of a trade or business in a park described in Part 2, 4, 5 or 11 of Schedule Seven or in the unregulated land in the park
described in Part 8 of Schedule Eight, that is a trade or business authorised by a licence or permit issued under the Fisheries Act 1995, until 1 April 2004.

(12) In this section, "unregulated land", in

relation to the park described in Part 8 of
Schedule Eight, means that part of the land
in the park that is not comprised of the land
that is 200 metres seawards from high water
mark in the area described in item 6 of
Schedule 2 to the National Parks (Marine
National Parks and Marine Sanctuaries)
Act 2002.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 16
45B. Approval to remain in Point Hicks Marine
National Park
(1) Section 45A(5) does not apply to a person—

(a)

who is in the park described in Part 9 of Schedule Seven; and

(b)

who has in his or her possession or charge a boat carrying priority species—
if that person has the approval of the
Minister to do so.
(2) On application, the Minister may give

approval under sub-section (1) to the
applicant.

(3) An approval under sub-section (1) is subject to the prescribed conditions.
(4) The holder of an approval under sub-section

(1) must comply with the conditions of the
approval.
Penalty: 60 penalty units.

45C. Proceedings and enforcement under this
Division
Divisions 1 and 3 of Part 7 of the Fisheries under the Fisheries Act 1995.
Act 1995 apply to an offence under this

45D. Liability for offences in relation to
employees
(1) If an employee of a licence holder engages in

conduct on behalf of the licence holder
within the scope of the employee's actual or
apparent authority, the licence holder is
deemed, for the purposes of a prosecution for
an offence against this Division, also to have
engaged in the conduct, unless the licence

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 17

Act No. 40/2002

holder establishes that the licence holder
took reasonable precautions and exercised
due diligence to avoid the conduct.
(2) If a person in charge of a boat is party to a
contract or arrangement with a licence holder and the person in charge of the boat engages in conduct on behalf of the licence holder
within the scope of the person's actual or
apparent authority under the contract or
arrangement, the licence holder is deemed,
for the purposes of a prosecution for an
offence against this Division, also to have
engaged in the conduct, unless the licence
holder establishes that the licence holder
took reasonable precautions and exercised
due diligence to avoid the conduct.
(3) In this section, "licence holder" means a
person who is the holder of a fishery licence within the meaning of paragraph (a), (c), (e) or (f) of the definition of "fishery licence" in section 4(1) of the Fisheries Act 1995.

45E. Time for bringing proceedings

Despite anything to the contrary in any Act, proceedings for an offence against section 45A(1) may be commenced within the period of 3 years after the date on which the offence is alleged to have been committed.
Division 3—Provisions relating to proceedings
and other matters'.

17. Amendment of Part heading
In the heading to Part VI of the National Parks
Act 1975, after "REGULATIONS" insert
"AND OTHER MATTERS".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 18
18. Regulation making powers
In section 48(1) of the National Parks Act
1975—

(a) for paragraph (a) substitute—

"(a) preserving and protecting national

parks, wilderness parks, State parks,
marine national parks and marine
sanctuaries or any matter or thing in
any such park or a feature of any such
park;";

(b) in paragraph (f), after "17A" insert ", 17D";
(c) after paragraph (o) insert—
"(p) for the purposes of section 45A(4),

prescribing—

(i) areas of the park described in Part 2 of Schedule Seven; and

(ii) classes of boats; and
(iii) classes of equipment;

(q) prescribing conditions for approvals
under section 45B;".

19. Insertion of new section 48A
After section 48 of the National Parks Act 1975 insert—
'48A. Native title not affected by amendments
(1) The amendments made to this Act by the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 are not
intended to affect native title rights and
interests.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 20

Act No. 40/2002

(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;

"native title rights and interests" has the

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

20. Insertion of new section 59
After section 58 of the National Parks Act 1975 insert—

"59. National Parks (Marine National Parks
and Marine Sanctuaries) Act 2002— national parks and marine sanctuaries
(1) On 16 November 2002, the land described in Column 2 of Table 1 ceases to be part of the park described in Column 1 of Table 1
opposite the description in Column 2.
TABLE 1

Column 1 Column 2
Schedule Two, Any land that is part of the
Part 4 parks described in Part 10 of
Schedule Seven and in Part 7 of
Schedule Eight
Schedule Two, Any land that is part of the park
Part 15 described in Part 6 of Schedule
Seven
Schedule Two, Any land that is part of the park
Part 21 described in Part 11 of Schedule

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 20

Column 1 Column 2
Seven
Schedule Two, Any land that is part of the
Part 23 parks described in Parts 4 and
12 of Schedule Seven
Schedule Two, Any land that is part of the
Part 28 parks described in Parts 2 and 9
of Schedule Seven
Schedule Two, Any land that is part of the park
Part 31 described in Part 11 of Schedule
Seven
Schedule Three, Any land that is part of the park
Part 3 described in Part 5 of Schedule
Seven
(2) On 16 November 2002, the land described in Column 2 of Table 2 ceases to be part of the reserve or park described in Column 1 of
Table 2 opposite the description in
Column 2.
TABLE 2

Column 1 Column 2
Schedule Four, Any land that is part of the park
Part 1 described in Part 12 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 2 described in Part 12 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 4 described in Part 4 of Schedule
Seven
Schedule Four, Any land that is part of the park
Part 7 described in Part 1 of Schedule
Seven.

".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 21

Act No. 40/2002

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

(a)

for "N.P. 20A/9 and N.P. 20B/10" substitute "N.P. 20A/11 and N.P. 20B/12";

(b)

after "mean high watermark." insert "Also excepted is any land between high water mark and low water mark forming part of the park described in Part 10 of Schedule Seven and part of the park described in Part 7 of Schedule Eight.".

(2) In Part 15 of Schedule Two to the National Parks
Act 1975—
(a) omit "or yellow";
(b) for "N.P. 83/1" substitute "N.P. 83/3";

(c)
any land between high water mark and
after "on the plan." insert "Also excepted is forming part of the park described in Part 6 of Schedule Seven.".

(3) In Part 21 of Schedule Two to the National Parks
Act 1975—

(a)

for "bordered red" substitute "bordered red or coloured red";
(b) omit "or coloured yellow";
(c) omit "prepared by the Surveyor-General";
(d) for "N.P. 16/1" substitute "N.P. 16/3";

(e)

after "N.P. 16A" insert "and any land between high water mark and low water mark forming part of the park described in Part 11 of Schedule Seven".

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 21
(4) In Part 23 of Schedule Two to the National Parks
Act 1975—

(a)

in the heading, for "WILSON'S" substitute "WILSONS";
(b) for "Wilson's Promontory" substitute
"Wilsons Promontory";

(c)

for "coloured red" substitute "coloured pink";
(d) omit "prepared by the Surveyor-General";

(e)

for "N.P. 17/1" substitute "N.P. 17/3, excepting any land between high water mark and low water mark forming part of the park described in Part 4 of Schedule Seven and part of the park described in Part 12 of Schedule Seven".

(5) In Part 28 of Schedule Two to the National Parks
Act 1975—
(a) omit "prepared by the Surveyor-General";
(b) for "N.P. 30/3" substitute "N.P. 30/5";

(c)

after "low water mark." insert "Also excepted is any land between high water mark and low water mark forming part of the park described in Part 2 of Schedule Seven and part of the park described in Part 9 of Schedule Seven.".

(6) In Part 31 of Schedule Two to the National Parks
Act 1975—
(a) omit "prepared by the Surveyor-General";

(b)

for "N.P. 57A2 and N.P. 57B." substitute "N.P. 57A/4 and N.P. 57B/2. Also excepted is any land between high water mark and low

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 22

Act No. 40/2002

water mark forming part of the park
described in Part 11 of Schedule Seven.".
22. Amendment of Schedule Three
In Part 3 of Schedule Three to the National Parks
Act 1975—
(a) omit "or yellow";

(b)

for "N.P. 44/3 and N.P. 44A." substitute "N.P. 44/5 and N.P. 44A/2. Also excepted is any land between high water mark and low water mark forming part of the park described in Part 5 of Schedule Seven.".

23. Amendment of Schedule Four
(1) In Part 1 of Schedule Four to the National Parks
Act 1975—
(a) for "NPMR1" substitute "N.P.M.R. 1/2";

(b)

after "26 March 1986)" insert "also excepting any land seawards of low water mark forming part of the park described in Part 12 of Schedule Seven".

(2) In Part 2 of Schedule Four to the National Parks
Act 1975—
(a) for "NPMR1" substitute "N.P.M.R. 1/2";

(b) after "is in force" insert "also excepting any land seawards of low water mark forming part of the park described in Part 12 of Schedule Seven".

(3) In Part 3 of Schedule Four to the National Parks

Act 1975, for "NPMR1" substitute "N.P.M.R.
1/2".

(4) In Part 4 of Schedule Four to the National Parks
Act 1975—
(a) for "NPMR1" substitute "N.P.M.R. 1/2";

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 24

(b) after "26 March 1986)" insert "also excepting any land seawards of low water mark forming part of the park described in Part 4 of Schedule Seven".
(5) In Part 5 of Schedule Four to the National Parks

Act 1975, for "NPMR1" substitute "N.P.M.R.
1/2".

(6) In Part 7 of Schedule Four to the National Parks
Act 1975—

(a) for "LEGL./91–48" substitute "N.P.M.R.
2/1";
(b)
land between high water mark and
after "the said plan" insert "excepting any forming part of the park described in Part 1 of Schedule Seven".

24. Further amendments to the National Parks Act 1975 The National Parks Act 1975 is amended as set out in Schedule 1.

_______________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 25

Act No. 40/2002

PART 3—AMENDMENTS TO THE FISHERIES ACT 1995

25. Amendment of immunity provision

See:

Act No.	In section 142(1) of the Fisheries Act 1995—
92/1995.	(a) for "Panel or a member" substitute "Panel, a
Reprint No. 2
as at	member";
17 May 2001
and	(b) after "Appeals Tribunal" insert ", a member
amending
Act Nos	or deputy of the Compensation Assessment
80/2000 and
44/2001.	Panel (established under Part 10) or a
LawToday:	member or deputy of the Compensation
	dpc.vic.	Appeals Tribunal (established under
gov.au	Part 10)".

26. Amendment of secrecy provision
In section 146(1) of the Fisheries Act 1995, after paragraph (h) insert—
"(ha) a member or deputy of the Compensation

Assessment Panel (established under
Part 10);

(hb) a member or deputy of the Compensation

Appeals Tribunal (established under
Part 10);".

27. Insertion of new Part 10 in the Fisheries Act 1995

In the Fisheries Act 1995, after Part 9 insert—
'PART 10—TRANSITIONAL PROVISIONS—
NATIONAL PARKS (MARINE NATIONAL
PARKS AND MARINE SANCTUARIES) ACT
2002

Division 1—General

164. Definitions
(1) In this Part—

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
"charter boat operating costs" means the
costs of—

(a) fuel and labour; and

(b)

repairs and maintenance of any boat—
incurred in carrying on the business of
being a charter boat operator;

"charter boat operator" means a person

who carries on a business of the
operating of trading vessels used to
carry passengers for the purpose of
taking or attempting to take fish, other
than for sale, by the use of recreational
fishing equipment;

"compensable year" means a period of time

set out in Column 3 of an item in
Table 1;

"eligible charter boat operator" means a

person who has carried on business as a
charter boat operator at any time
between 1 April 1999 and 31 March
2002 in any part of a park;

"eligible rock lobster access licence
holder" means a person who is the holder of an access licence that is—
(a) a relevant access licence; and

(b)

a Rock Lobster Fishery Access Licence within the meaning of regulation 201 of the Fisheries Regulations 1998;

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

"eligible specified access licence holder"

means a person who is the holder of an
access licence that is—

(a) a relevant access licence; and
(b) a specified access licence;
"fishing operating costs" means the costs
of—
(a) fuel and labour; and

(b)
repairs and maintenance of any equipment—

incurred in taking or attempting to take
fish or fishing bait for sale;

"fishing prohibition" means the application of sub-section (1) of section 45A of the National Parks Act 1975 to the whole or any part of a park or sanctuary;
"licence year" means a period of 12 months

beginning on 1 April in any calendar
year and ending on 31 March in the
following calendar year;

"Panel" means the Compensation
Assessment Panel established under
section 184(1);

"park" has the same meaning as "marine

national park" has in the National
Parks Act 1975;

"prescribed year" means a period of time

set out in either item 1 or item 2 of
Column 3 of Table 2;

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
"relevant access licence" means an access licence under the authority of which fish or fishing bait has been taken at any time between 1 April 1999 and 31 March 2002 in any one or more of
the following areas—
(a) a part of a park;

(b)

a part of a sanctuary described in Part 2, 5, 8 or 11 of Schedule Eight of the National Parks Act 1975;

"relevant park", in relation to a
compensable year, means a park or
sanctuary described in Columns 1 and 2
of the item in Table 1 in which the
compensable year is set out;

"sanctuary" has the same meaning as

"marine sanctuary" has in the National
Parks Act 1975;

"specified access licence" means an access

licence that is of any one of the
following classes of access licence,
within the meaning of regulation 201 of
the Fisheries Regulations 1998—

(a) Bait (General) Fishery Access
Licence;
(b) Corner Inlet Fishery Access
Licence;
(c) Ocean Fishery Access Licence;

(d)

Port Phillip Bay (Mussel Bait) Fishery Access Licence;
(e) Purse Seine (Ocean) Fishery
Access Licence;

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

(f)

Purse Seine (Port Phillip Bay) Fishery Access Licence;
(g) Scallop (Ocean) Fishery Access
Licence;
(h) Trawl (Inshore) Fishery Access
Licence;
(i) Westernport/Port Phillip Bay
Fishery Access Licence;
(j) Wrasse (Ocean) Fishery Access
Licence;
"Table 1" means Table 1 set out in sub-

section (2);

"Table 2" means Table 2 set out in sub-

section (3);

"trading vessel" has the same meaning as in section 3(1) of the Marine Act 1988;
"Tribunal" means the Compensation

Appeals Tribunal established under
section 190(1);

"unregulated land" has the same meaning as in section 45A(12) of the National Parks Act 1975.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
(2) Table 1 has effect for the purposes of this
Part—
TABLE 1

Table setting out, in relation to parks and sanctuaries, the
periods of time for which there are compensation entitlements for eligible rock lobster access licence holders
and eligible specified access licence holders

Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and National Parks Compensable
Sanctuaries Act 1975 Years
1. Bunurong Part 1 of Schedule 16 November
Marine Seven 2002 to
National Park 31 March
2003
Churchill Part 3 of Schedule
Island Marine Seven 1 April 2003
National Park to 31 March
2004
French Island Part 6 of Schedule
Marine Seven
National Park
Ninety Mile Part 7 of Schedule
Beach Marine Seven
National Park
Point Addis Part 8 of Schedule
Marine Seven
National Park
Point Hicks Part 9 of Schedule
Marine Seven
National Park
Port Phillip Part 10 of
Heads Marine Schedule Seven
National Park
Wilsons Part 12 of
Promontory Schedule Seven
Marine
National Park
Yaringa Part 13 of
Marine Schedule Seven
National Park

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and National Parks Compensable
Sanctuaries Act 1975 Years
Beware Reef Part 2 of Schedule
Marine Eight
Sanctuary
Marengo Part 5 of Schedule
Reefs Marine Eight
Sanctuary
The Arches Part 11 of
Marine Schedule Eight
Sanctuary
2. All marine Parts 1 to 13 of 1 April 2004
national parks Schedule Seven to 31 March
2005
Beware Reef Part 2 of Schedule
Marine Eight 1 April 2005
Sanctuary to 31 March
2006
Marengo Part 5 of Schedule
Reefs Marine Eight
Sanctuary
The Arches Part 11 of
Marine Schedule Eight
Sanctuary
Unregulated Part 8 of Schedule
land in Point Eight, to the extent
Cooke Marine that it is
Sanctuary unregulated land
3. Cape Howe Part 2 of Schedule 1 April 2006
Marine Seven to 31 March
National Park 2007
Corner Inlet Part 4 of Schedule
Marine Seven
National Park
Discovery Part 5 of Schedule
Bay Marine Seven
National Park

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27

Items Column 1 Column 2 Column 3
Parts and Schedule
Names of Numbers of
Parks and National Parks Compensable
Sanctuaries Act 1975 Years
Twelve Part 11 of
Apostles Schedule Seven
Marine
National Park
Unregulated Part 8 of Schedule
land in Point Eight, to the extent
Cooke Marine that it is
Sanctuary unregulated land
(3) Table 2 has effect for the purposes of this
Part—
TABLE 2

Table setting out, in relation to parks, the periods of time for which there are compensation entitlements for eligible
charter boat operators

Items Column 1 Column 2 Column 3
Parts and Schedule
Numbers of
Names of National Parks Prescribed
Parks Act 1975 Years
1. Bunurong Part 1 of Schedule 16 November
Marine Seven 2002 to
National Park 15 November
2003
Churchill Part 3 of Schedule
Island Marine Seven 16 November
National Park 2003 to
15 November
French Island Part 6 of Schedule 2004
Marine Seven
National Park 16 November
2004 to
Ninety Mile Part 7 of Schedule 15 November
Beach Marine Seven 2005
National Park
Point Addis Part 8 of Schedule
Marine Seven
National Park

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

Items Column 1 Column 2 Column 3
Parts and Schedule
Numbers of
Names of National Parks Prescribed
Parks Act 1975 Years
Point Hicks Part 9 of Schedule
Marine Seven
National Park
Port Phillip Part 10 of
Heads Marine Schedule Seven
National Park
Wilsons Part 12 of
Promontory Schedule Seven
Marine
National Park
Yaringa Part 13 of
Marine Schedule Seven
National Park
2. Cape Howe Part 2 of Schedule 1 April 2004
Marine Seven to 31 March
National Park 2005
Corner Inlet Part 4 of Schedule 1 April 2005
Marine Seven to 31 March
National Park 2006
Discovery Part 5 of Schedule 1 April 2006
Bay Marine Seven to 31 March
National Park 2007
Twelve Part 11 of
Apostles Schedule Seven
Marine
National Park
165. Compensation only payable to licence holders and permit holders as provided in this Part

(1) Except as provided in this Part,

compensation is not payable by the State of any time, the holder of—

(a) a fishery licence; or
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
(b) a general permit under section 49— for any loss, damage or injury whatsoever resulting from or arising out of—

(c)
the enactment of the National Parks Sanctuaries) Act 2002; or

(d)

the existence of any marine national park or marine sanctuary (within the meaning of the National Parks Act 1975) created by the operation of the National Parks (Marine National
Parks and Marine Sanctuaries) Act
2002.
(2) Nothing in this section prevents any
proceeding to recover damages for any loss, damage or injury whatsoever resulting from or arising out of any person negligently or
unlawfully exercising, purporting to exercise
or failing to exercise any power, duty or
authority conferred by or under this Act or
the National Parks Act 1975.
166. Certificate for purposes of evidence In any proceedings under this Part, a certificate purporting to be signed by the

Secretary, stating that fish or fishing bait was
taken for sale in the area set out in the
certificate, during the period set out in the
certificate, is evidence of the facts stated in
it.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

Division 2—Entitlements for eligible rock lobster access licence holders

167. Reduced catch entitlements—eligible rock
lobster access licence holders

(1) If, in a compensable year—

(a) an eligible rock lobster access licence holder has failed to take the whole or any part of the licence quota of that
licence as at the end of 31 March in that
compensable year (in this sub-section
called the "licence quota not taken");
and
(b) the whole or a part of the licence quota not taken can reasonably be attributed to the fishing prohibition applying to any one or more relevant parks—
the licence holder is entitled to be paid an amount determined in accordance with the following formula—

 Y 

W × X ×  1 −


Z

where—
W is the whole or the part of the licence
quota not taken that can reasonably be attributed to the fishing prohibition so applying; and

X is the estimated averaged beach price
obtained by the licence holder for rock lobster taken under the licence for the compensable year; and

Y is the operating costs (not including depreciation) incurred by the licence holder in taking or attempting to take fish under the licence in the financial

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
year ending on the 30 June immediately
after the compensable year, other than
that part (if any) of the operating costs
(not including depreciation) that can
reasonably be attributed to the fishing
prohibition so applying; and
Z is the gross revenue received by the licence holder in respect of the fish taken under the licence in that financial
year.
(2) In this section—
"licence quota" means the weight of rock

lobster that is permitted to be taken
under an access licence by virtue of the
number of individual quota units that
the licence holder holds under this Act
in respect of the licence.

168. Increased costs entitlements—eligible rock
lobster access licence holders
An eligible rock lobster access licence holder
is entitled to be paid, for each particular
compensable year, an amount that represents
the difference between—

(a)
the fishing operating costs reasonably particular compensable year; and

(b) the fishing operating costs that would reasonably have been incurred under the licence in the particular
compensable year, if the fishing
prohibition had not applied to any one
or more relevant parks—
if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b).

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

Division 3—Entitlements for eligible specified
access licence holders

169. Reduced catch entitlements—eligible
specified access licence holders

(1) If in a compensable year—

(a)

the total weight of fish (if any) and fishing bait (if any) taken by an eligible specified access licence holder under the licence is less than—

(i)
other than the first compensable
in the case of a compensable year taken under the licence; or

(ii)
compensable year, the averaged
in the case of the first the licence—

(in this sub-section called the
"difference in catch"); and

(b) the whole or a part of the difference in catch can reasonably be attributed to the fishing prohibition applying to any one or more relevant parks—
the licence holder is entitled to be paid an amount determined in accordance with the following formula—

 Y 

W × X ×  1 −


Z

where—
W is the whole or the part of the difference

in catch that can reasonably be
attributed to the fishing prohibition so
applying; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
X is the estimated weighted averaged beach price obtained by the licence holder for the classes of fish (if any)
and fishing bait (if any) taken under the
licence in the fishery in which the
licence holder fished in the
compensable year; and

Y is the operating costs (not including depreciation) incurred by the licence holder in taking or attempting to take fish (if any) and fishing bait (if any)
under the licence in the financial year,
ending on the 30 June immediately
after the compensable year, other than
that part (if any) of the operating costs
(not including depreciation) that can
reasonably be attributed to the fishing
prohibition so applying; and
Z is the gross revenue received by the

licence holder in respect of the fish (if
any) and fishing bait (if any) taken
under the licence in that financial year.

(2) In this section—
"averaged annual catch" means—

(a)

in the case of a licence under which any fish or fishing bait was taken in each of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average annual weight of fish (if any) taken and of fishing bait (if any) taken under the licence in the 2 of the 3 years in which the annual weights taken were the highest and the second highest; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

(b)

in the case of a licence under which any fish or fishing bait was taken in 2 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average annual weight of fish (if any) and fishing bait (if any) taken under the licence in those 2 years; and

(c)

in the case of a licence under which any fish or fishing bait was taken in 1 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the weight of fish (if any) and fishing bait (if any) taken under the licence in that year;
"averaged proportionate catch" means—

(a)
which any fish or fishing bait was
taken in the period beginning on
16 November and ending on
in the case of a licence under years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average weight of fish (if any) taken and of fishing bait (if any) taken under the licence in the 2 of the 3 periods in which the weights taken were the highest and the second highest; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27

(b)
which any fish or fishing bait was
taken in the period beginning on
16 November and ending on
31 March in 2 of the 3 licence
years commencing on 1 April
1999 and ending on 31 March
2002 in any one or more relevant
in the case of a licence under (if any) and fishing bait (if any) taken under the licence in those 2 periods; and

(c)
which any fish or fishing bait was
taken in the period beginning on
16 November and ending on
in the case of a licence under years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the weight of fish (if any) and fishing bait (if any) taken under the licence in that period;
"first compensable year" means the period

commencing on 16 November 2002
and ending on 31 March 2003.

170. Increased costs entitlements—eligible
specified access licence holders
An eligible specified access licence holder is
entitled to be paid, for each particular
compensable year, an amount that represents
the difference between—

(a)
the fishing operating costs reasonably particular compensable year; and

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

(b) the fishing operating costs that would reasonably have been incurred under the licence in the particular
compensable year if the fishing
prohibition had not applied to any one
or more relevant parks—
if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b).
Division 4—Entitlements for eligible charter
boat operators

171. Increased costs entitlements—eligible
charter boat operators
An eligible charter boat operator is entitled
to be paid, for each particular prescribed
year, an amount that represents the
difference between—

(a)
the charter boat operating costs prescribed year; and

(b)
would reasonably have been incurred in
the charter boat operating costs that fishing prohibition had not applied to any one or more parks described in Columns 1 and 2 of the item in Table 2 in which the prescribed year is set out—

if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b).

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
Division 5—Determinations of the Panel— eligible rock lobster access licence holders and
eligible specified access licence holders

172.
interim payment—eligible rock lobster
Application to Panel for determination of access licence holders
(1) An eligible rock lobster access licence holder or an eligible specified access licence holder may, during the course of a particular licence year, apply to the Panel for a determination
under section 173.
(2) An application under this section must—

(a) be in the form determined by the Panel and accompanied by the information required by the Panel; and
(b) may be lodged with the Registrar at any time during the course of the licence year in respect of which the application is made.
(3) A licence holder may not make more than

one application under this section in any
particular licence year.

(4) The Registrar of the Panel must notify an

applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

173.
payments—eligible rock lobster access
Determinations of the Panel as to interim licence holders
(1) If the Panel is satisfied—

(a) that a person, who has made an application under section 172, is incurring financial hardship in the licence year in respect of which the application is made; and
(b) that the person who has made the application is likely to have an entitlement under—
(i) either or both of sections 167 and 168 for that particular licence year; or
(ii) either or both of sections 169 and 170 for that particular licence year—

the Panel may determine—

(c)

the amount that is likely to be that person's entitlement for the particular licence year; and

(d)

an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is
reasonable to pay to the person before
the end of the licence year in respect of
which the application is made.

(2) An amount that the Panel has determined is
to be paid to a person under sub-section (1)

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
is a debt owed by the State of Victoria to that
person.
(3) A decision on an application under section

172 must be made not later than 30 days
after the application is lodged with the
Registrar.

(4) On making a decision on an application
under section 172 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the
decision.
(5) If—

(a)

an application under section 172 has been made to the Panel; and

(b)

the time period provided in sub-section (3) has elapsed; and

(c)

notice of a decision on the application for the determination has not been received by the applicant—
the Panel is deemed to have made, on the
day on which the time period elapsed, a
decision that the applicant has no entitlement
to a payment under this section.

174.
final payment—eligible rock lobster access
Application to Panel for determination of licence holders
(1) An eligible rock lobster access licence holder
may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 27

Act No. 40/2002

may have under either or both of sections
167 and 168 to a payment for that year.
(2) An eligible specified access licence holder may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder may have under either or both of sections
169 and 170 to a payment for that year. (3) An application under this section must—

(a) be in the form determined by the Panel and accompanied by the information required by the Panel; and
(b) be lodged with the Registrar of the Panel not later than 30 September after the end of the licence year in respect of which the application has been made.
(4) If the Panel is of the opinion that it is

reasonably necessary in all the
circumstances, the Panel may allow a person
a further 2 weeks after the time specified in
sub-section (3)(b) in which to lodge an
application.

(5) The Registrar of the Panel must notify an

applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.

175. Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access
licence holders

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
(1) The Panel may determine, for a licence year
in respect of which an application has been made under section 174, whether or not the applicant has an entitlement under—

(a)

either or both of sections 167 and 168; or

(b)

either or both of sections 169 and 170—
and—

(c) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has not been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or
(d) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine—
(i) the amount of that entitlement; and
(ii) whether or not the amount of the interim payment is greater or less than the amount determined under sub-paragraph (i).

(2) The Panel, of its own motion, may
determine, for a licence year in respect of
which a determination of an interim payment
under section 173 has been made, whether or
not the person in respect of whom the

National Parks (Marine National Parks and Marine
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determination has been made has an
entitlement under—

(a)

either or both of sections 167 and 168 for that year; or

(b)

either or both of sections 169 and 170 for that year—
and, if the Panel determines that the
applicant has an entitlement for that year, the
Panel must determine—
(c) the amount of that entitlement; and

(d)

whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (c).
(3) If—

(a)

the Panel, under sub-section (1)(c), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or

(b)

the Panel determines under sub-section (1)(d)(ii) or (2)(d) that the amount of the interim payment is less than the amount determined under sub-section (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the State of Victoria to the person in respect of whom the determination has been made; or

(c)

the Panel determines under sub-section (1)(d)(ii) or (2)(d) that the amount of the interim payment is greater than the

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amount determined under sub-section
(1)(d)(i) or (2)(c) (as the case requires),
the difference between the two amounts
is a debt owed by the person in respect
of whom the determination has been
made to the State of Victoria.

(4) If the Panel proposes to make a

determination under sub-section (2), the
Registrar of the Panel—

(a) must, at least 30 days before any such determination is made, notify the person in respect of whom the determination is to be made—
(i) that the matter is being considered by the Panel; and
(ii) that the applicant may request that the application be considered at an oral hearing; and

(b)

may require the person in respect of whom the determination is to be made to provide the information specified by the Panel.

176.
final payments—eligible rock lobster access
Procedures for making determinations of licence holders
(1) A determination under section 175 must be

made not later than the 31 March next
following the end of the licence year in
respect of which the determination is made.

(2) On making a determination under section

175 the Panel must notify the licence holder
in respect of whom the determination is
made and the Secretary in writing of its

National Parks (Marine National Parks and Marine
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determination and of its reasons for making
the determination.
(3) If—

(a)

an application has been made to the Panel for a determination under section 175; and

(b)

the time period provided in sub-section (1) has elapsed; and

(c)

notice of a decision on the application for the determination has not been received by the applicant—
the Panel is deemed to have made, on the
day on which the time period elapsed, a
determination that the applicant has no
entitlement under this Part.
Division 6—Determinations of the Panel—
eligible charter boat operators

177.
Application to Panel for determination of operators
(1) An eligible charter boat operator may, during
the course of any prescribed year, apply to the Panel for a determination under section 178.
(2) An application under this section must—

(a)

be in the form determined by the Panel and accompanied by the information required by the Panel; and

(b)

may be lodged with the Registrar at any time during the course of the prescribed year in respect of which the application is made.

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(3) An eligible charter boat operator may not

make more than one application under this
section in any prescribed year.

(4) The Registrar of the Panel must notify an

applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.

178. Determinations of the Panel as to interim payments—eligible charter boat operators
(1) If the Panel is satisfied—

(a)

that, a person, who has made an application under section 177, is incurring financial hardship in the
prescribed year in respect of which the
application is made; and

(b)

that the person who has made the application is likely to have an entitlement under section 171 for that particular prescribed year—

the Panel may determine—

(c) the amount that is likely to be that person's entitlement for the particular prescribed year; and
(d) an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is
reasonable to pay to the person before
the end of the prescribed year in respect
of which the application is made.
(2) An amount that the Panel has determined is to be paid to a person under sub-section (1) is a debt owed by the State of Victoria to that
person.

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(3) A decision on an application under
section 177 must be made not later than
30 days after the application is lodged with
the Registrar.
(4) On making a decision on an application
under section 177 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the
decision.
(5) If—

(a)

an application under section 177 has been made to the Panel; and

(b)

the time period provided in sub-section (3) has elapsed; and

(c)

notice of a decision on the application for the determination has not been received by the applicant—
the Panel is deemed to have made, on the
day on which the time period elapsed, a
decision that the applicant has no entitlement
to a payment under this section.

179.
Application to Panel for determination of operators
(1) An eligible charter boat operator may, for a

particular prescribed year, apply to the Panel
for a determination under section 180(1) of
any entitlement the eligible charter boat
operator may have under section 171 to a
payment for that year.

(2) An application under this section must—

(a)

be in the form determined by the Panel and accompanied by the information required by the Panel; and

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Act No. 40/2002 s. 27

(b) be lodged with the Registrar of the Panel not later than 90 days after the end of the prescribed year in respect of which the application has been made.
(3) If the Panel is of the opinion that it is

reasonably necessary in all the
circumstances, the Panel may allow a person
a further 2 weeks after the time specified in
sub-section (2)(b) in which to lodge an
application.

(4) The Registrar of the Panel must notify an

applicant under this section that the
application is being considered by the Panel
and that the applicant may request that the
application be considered at an oral hearing.

180. Determinations of the Panel as to final payments—eligible charter boat operators
(1) The Panel may determine, for a prescribed year in respect of which an application has been made under section 179, whether or not
the applicant has an entitlement under
section 171 and—

(a)

in the case of an applicant in respect of whom a determination of an interim payment under section 178 has not been made for the prescribed year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or

(b)

in the case of an applicant in respect of whom a determination of an interim payment under section 178 has been made for the prescribed year, if the Panel determines that the applicant has

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an entitlement for that year, the Panel must determine—

(i) the amount of that entitlement; and
(ii) whether or not the amount of the interim payment is greater or less than the amount determined under sub-paragraph (i).
(2) The Panel, of its own motion, may
determine, for a prescribed year in respect of which a determination of an interim payment under section 178 has been made, whether or not the person in respect of whom the
determination has been made has an
entitlement under section 171 for that year
and, if the Panel determines that the
applicant has an entitlement for that year, the
Panel must determine—
(a) the amount of that entitlement; and

(b)

whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (a).
(3) If—

(a)

the Panel, under sub-section (1)(a), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or

(b)

the Panel determines under sub-section (1)(b)(ii) or (2)(b) that the amount of

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Act No. 40/2002 s. 27
the interim payment is less than the
amount determined under sub-section
(1)(b)(i) or (2)(a) (as the case requires),
the difference between the two amounts
is a debt owed by the State of Victoria
to the person in respect of whom the
determination has been made; or

(c)

the Panel determines under sub-section (1)(b)(ii) or (2)(b) that the amount of the interim payment is greater than the amount determined under sub-section (1)(b)(i) or (2)(a) (as the case requires), the difference between the two amounts is a debt owed by the person in respect of whom the determination has been made to the State of Victoria.

(4) If the Panel proposes to make a

determination under sub-section (2), the
Registrar of the Panel—

(a)

must, at least 30 days before making the determination, give the person in respect of whom the determination is to
be made, notice of the proposal to make
the determination; and

(b)

may require the person in respect of whom the determination is to be made to provide the information specified by the Panel.

181.
Procedures for making determinations of operators
(1) A determination under section 180 must be

made not later than 180 days after the end of
the prescribed year in respect of which the
determination is made.

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Act No. 40/2002

(2) On making a determination under
section 180 the Panel must notify the person
in respect of whom the determination is
made and the Secretary in writing of its
determination and of its reasons for making
the determination.
(3) If—

(a)

an application has been made to the Panel for a determination under section 180; and

(b)

the time period provided in sub-section (1) has elapsed; and

(c)

notice of a decision on the application for the determination has not been received by the applicant—
the Panel is deemed to have made, on the
day on which the time period elapsed, a
determination that the applicant has no
entitlement under this Part.
Division 7—Review of determinations by the
Tribunal
182. Applications for the Tribunal to review determinations

(1) The Secretary or a person in respect of

whom a determination under Division 5 or apply to the Tribunal for a review of any such determination.
(2) An application must—
(a) be in writing; and

(b)

specify the grounds of the application; and

National Parks (Marine National Parks and Marine
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Act No. 40/2002 s. 27

(c) be lodged with the Registrar of the Tribunal within 30 days of the applicant being given notice of the determination of the Panel or within 30 days of the Panel being deemed to have made the determination (as the case requires).
(3) The Registrar of the Tribunal must notify the

applicant of the time and place fixed for the
review of the determination.

183. Determinations of applications by the Tribunal
(1) After hearing an application for review, the Tribunal may—
(a) affirm the determination; or
(b) vary the determination; or

(c) set aside the determination and make a determination in substitution for the determination.
(2) On making a determination of an application under sub-section (1), the Tribunal must notify the applicant and the Secretary in writing of its determination and of its reasons

for making the determination.

Division 8—Constitution and proceedings of
the Panel

184. Compensation Assessment Panel
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002
Act No. 40/2002

(1) For the purposes of this Part there is

established a Compensation Assessment
Panel.

(2) The Panel is to consist of 3 members who are to be appointed by the Minister, being—

(a)
the Minister, extensive knowledge and
experience in any one or more of the
following areas, industry, commerce,
a chairperson who has, in the opinion of administration;

(b) one person, selected by the Minister, from a panel of 3 persons associated with and familiar with the fishing
industry, nominated by the recognised
peak body so declared under section
95(1)(a);
(c) one person who, in the opinion of the Minister, has expertise in financial matters.
(3) A person must not be appointed as a member of the Panel if that person is—

(a) a member or a deputy of the Tribunal; or
(b)
holder, an eligible specified access
an eligible rock lobster access licence boat operator.

(4) The Minister may, at any time, remove a member of the Panel and appoint another member in accordance with sub-section (2).
(5) A member is appointed for the term, not exceeding 3 years, that is specified in the instrument of appointment.
(6) A member is eligible for re-appointment.

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Act No. 40/2002 s. 27
(7) Subject to this section, a member holds
office on those terms and conditions (including as to payment and travel allowances) that are specified in the member's instrument of appointment.
(8) The Public Sector Management and
Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.
185. Deputies for members of the Panel
(1) The Minister must appoint as a deputy for

each member of the Panel, a person who
satisfies the same qualification requirements
as those that apply to the member for whom
he or she is a deputy.

(2) A person must not be appointed as a deputy
for a member of the Panel if that person is—

(a) a member or a deputy of the Tribunal; or
(b)
holder, an eligible specified access
an eligible rock lobster access licence boat operator.

(3) The Minister may, at any time, remove a

deputy and appoint another deputy in
accordance with sub-section (1).

(4) A deputy is appointed for the term, not

exceeding 3 years, that is specified in his or
her instrument of appointment.

(5) A deputy is eligible for re-appointment.
(6) Subject to this section, a deputy holds office on those terms and conditions (including as to payment and travel allowances) that are

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Act No. 40/2002

specified in his or her instrument of
appointment.
(7) The Public Sector Management and
Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy.

(8) A deputy has, while acting in the place of a

member, the powers and duties of the
member.

186.
Registrar of the Panel the Registrar of the Panel.

187. Meetings of the Panel
(1) Subject to sub-section (2), meetings of the Panel are to be held at the times and places that the Panel determines.
(2) The chairperson of the Panel may fix meetings of the Panel.
(3) Subject to this section, in any meeting, the Panel may regulate its own procedure.

188. Proceedings of the Panel
(1) For the purposes of making a determination

under Division 5 or Division 6, the Panel
must be constituted by the 3 members of the
Panel.

(2) Despite sub-section (1), if a member of the
Panel is unable to take part in any proceeding under sub-section (1) because that member is ill or absent, the deputy of

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 27
that member may take part in the proceeding
in his or her place.
(3) If, after a proceeding has commenced, a

person who is part of the Panel for the
purposes of that proceeding becomes unable
to take part in the proceeding, the
chairperson must either—

(a) with the consent of the applicant, arrange for the proceeding to continue, with the deputy of the member who is unable to take part taking that member's place; or
(b)
arrange for the proceeding to be reheard accordance with this Division.
189. Conducting proceedings of the Panel
(1) In any proceeding of the Panel, the deputy of

the chairperson is to preside in the absence
of the chairperson.

(2) A determination of the Panel must be made by a majority of the persons conducting the proceeding.
(3) The Panel must give any party to the proceeding—

(a) reasonable notice of the proceeding; and
(b) a reasonable opportunity to be heard. (4) The Panel, in making any determination—

(a)

must act according to the substantial merits of the case and without regard to legal forms and technicalities; and

National Parks (Marine National Parks and Marine
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s. 27

Act No. 40/2002

(b)

may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and

(c)

is bound by the rules of natural justice; and

(d)

is not bound by any rule or practice as to evidence.
(5) A party to any proceeding before the Panel
may appear and be heard before the Panel personally or by a barrister and solicitor or by a person authorised in that behalf by that
party.
Division 9—Constitution and proceedings of
the Tribunal

190. Compensation Appeals Tribunal

(1) For the purposes of this Part there is established a Compensation Appeals Tribunal.
(2) The Tribunal is to consist of 3 members who
are appointed by the Governor in Council, on
the recommendation of the Minister, being—

(a) a person who is admitted to practice as a barrister and solicitor of the Supreme Court and who has knowledge of and
experience in administrative law or the law of procedure and evidence, who is to be the chairperson;

National Parks (Marine National Parks and Marine
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Act No. 40/2002

(b) one person, nominated by the Minister, from a panel of 3 persons associated with and familiar with the fishing industry, nominated by the recognised peak body so declared under section 95(1)(a);
(c) one person who, in the opinion of the Minister, has expertise in financial matters.
(3) A person must not be appointed as a member of the Tribunal if that person is—
(a) a member or a deputy of the Panel; or

(b)
holder, an eligible specified access
an eligible rock lobster access licence boat operator.

(4) The Governor in Council may, at any time,

on the recommendation of the Minister,
remove a member of the Tribunal and
appoint another member in accordance with
sub-section (2).

(5) A member is appointed for the term, not exceeding 3 years, that is specified in the instrument of appointment.
(6) A member is eligible for re-appointment.
(7) Subject to this section, a member holds
office on those terms and conditions (including as to payment and travel allowances) that are specified in the member's instrument of appointment.

National Parks (Marine National Parks and Marine
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Act No. 40/2002

(8) The Public Sector Management and
Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.
191. Deputies for members of the Tribunal

(1) The Governor in Council, on the

recommendation of the Minister, must qualification requirements as those that apply to the member for whom he or she is a deputy.
appoint as a deputy for each member of the
(2) A person must not be appointed as a deputy for a member of the Tribunal if that person is—
(a) a member or a deputy of the Panel; or

(b)
holder, an eligible specified access
an eligible rock lobster access licence boat operator.

(3) The Governor in Council may, at any time,

on the recommendation of the Minister,
remove a deputy and appoint another deputy
in accordance with sub-section (1).

(4) A deputy is appointed for the term, not

exceeding 3 years, that is specified in his or
her instrument of appointment.

(5) A deputy is eligible for re-appointment.
(6) Subject to this section, a deputy holds office on those terms and conditions (including as to payment and travel allowances) that are
specified in his or her instrument of
appointment.

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s. 27

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(7) The Public Sector Management and
Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy.
(8) A deputy has, while acting in the place of a

member, the powers and duties of the
member.

192.
Registrar of the Tribunal the Registrar of the Tribunal.

193. Meetings of the Tribunal
(1) Subject to sub-section (2), meetings of the
Tribunal are to be held at the times and places that the Tribunal determines.
(2) The chairperson of the Tribunal may fix meetings of the Tribunal.
(3) Subject to this section, in any meeting, the
Tribunal may regulate its own procedure.

194. Proceedings of the Tribunal

(1) For the purposes of making a determination

under section 183 of an application for
review, the Tribunal must be constituted by
the 3 members of the Tribunal.

(2) Despite sub-section (1), if a member of the
Tribunal is unable to take part in any proceeding under sub-section (1) because that member is ill or absent, the deputy of that member may take part in the proceeding in his or her place.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002
Act No. 40/2002

(3) If, after a proceeding has commenced, a

person who is part of the Tribunal for the
purposes of that proceeding becomes unable
to take part in the proceeding, the
chairperson must either—

(a)

with the consent of the applicant, arrange for the proceeding to continue, with the deputy of the member who is unable to take part taking that member's place; or

(b)

arrange for the proceeding to be reheard with the Tribunal constituted in accordance with this Division.
195. Conducting proceedings of the Tribunal
(1) In any proceeding of the Tribunal, the deputy

of the chairperson is to preside in the
absence of the chairperson.

(2) A determination of an application for review

must be made by a majority of the persons
hearing the application.

(3) The Tribunal must give any party to the proceeding—

(a) reasonable notice of the proceeding; and
(b) a reasonable opportunity to be heard. (4) The Tribunal, in determining an application
for review—

(a)

must act according to the substantial merits of the case and without regard to legal forms and technicalities; and

National Parks (Marine National Parks and Marine
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s. 27

Act No. 40/2002

(b)

may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and

(c)

is bound by the rules of natural justice; and

(d)

is not bound by any rule or practice as to evidence.
(5) A party to any proceeding before the
Tribunal may appear and be heard before the Tribunal personally or by a barrister and solicitor or by a person authorised in that behalf by that party.
(6) The Tribunal may, on the application of the

applicant, order that the determination or the
operation or implementation of the
determination to which the application for
review relates, be stayed pending the
determination of the application for review,
if the Tribunal considers that it is desirable to
do so after taking into account the interests
of any person who may be affected by the
application for review.

(7) For the purposes of sub-section (6), an

application to stay a determination, or the
operation or implementation of a
determination, may, with the consent of the
applicant for review, be heard and
determined by the chairperson sitting alone.

Division 10—Annual reports on fisheries 196. Annual reports on fisheries to be prepared
(1) The Minister must, after the expiry of each

of the relevant licence years, cause to be
prepared a report assessing the condition of
each of the following fisheries—

National Parks (Marine National Parks and Marine
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Act No. 40/2002

(a) the abalone fishery;
(b) the rock lobster fishery;

(c) any other fishery for which a specified access licence applies.
(2) In sub-section (1) "relevant licence years" means the licence years ending on 31 March 2003, 31 March 2004, 31 March 2005,
31 March 2006 and 31 March 2007.

197.
The Minister must cause each report
prepared under section 196 to be laid before
each House of Parliament by 30 November
next following the end of the licence year for
which the report has been prepared, or, if
Tabling of annual reports on fisheries 5 sitting days of that House after that date.

198.
Minister to have regard to reports and duties under this Act, the Minister must have regard to reports prepared under section 196.'.

__________________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 s. 28
PART 4—AMENDMENTS TO OTHER ACTS
28. Amendment of the Extractive Industries Development Act 1995—Prevention of extractive industries in parks
In section 10(b) of the Extractive Industries Development Act 1995, for "or State park" substitute ", State park, marine national park or marine sanctuary".
29. Amendment of the Mineral Resources Development Act 1990—Prevention of mining activities in parks
In section 6(1) of the Mineral Resources insert—
"(ba) land that is a marine national park or a

marine sanctuary under the National Parks
Act 1975;".

_______________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

s. 30

Act No. 40/2002

PART 5—REVOCATION OF RESERVES

30. Revocation of Fisheries Reserves
The Orders in Council specified in Schedule 2 are revoked.

31. Revocation of Wildlife Reserve
The Orders in Council specified in Schedule 3 are revoked.

__________________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 Sch. 1
SCHEDULES

Section 24

SCHEDULE 1

INSERTION OF NEW SCHEDULES SEVEN AND EIGHT IN

THE NATIONAL PARKS ACT 1975

After Schedule Six to the National Parks Act 1975 insert—

"SCHEDULE SEVEN

MARINE NATIONAL PARKS

PART 1—BUNURONG MARINE NATIONAL PARK

The land comprising 2100 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 2—CAPE HOWE MARINE NATIONAL PARK

The land comprising 4050 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 13 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 3—CHURCHILL ISLAND MARINE NATIONAL PARK

The land comprising 670 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 2 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 4—CORNER INLET MARINE NATIONAL PARK

The land comprising 1550 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 3/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Sch. 1

Act No. 40/2002

PART 5—DISCOVERY BAY MARINE NATIONAL PARK

The land comprising 2770 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 4/2 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 6—FRENCH ISLAND MARINE NATIONAL PARK

The land comprising 2800 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 5 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 7—NINETY MILE BEACH MARINE NATIONAL PARK

The land comprising 2750 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 6 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 8—POINT ADDIS MARINE NATIONAL PARK

The land comprising 4600 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 7 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 9—POINT HICKS MARINE NATIONAL PARK

The land comprising 4000 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 8 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

PART 10—PORT PHILLIP HEADS MARINE NATIONAL PARK

The land comprising 3580 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 9/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 Sch. 1

PART 11—TWELVE APOSTLES MARINE NATIONAL PARK

The land comprising 7500 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 10/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water).
PART 12—WILSONS PROMONTORY MARINE NATIONAL PARK
The land comprising 15 550 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 11 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface
(whether or not that is covered by water).

PART 13—YARINGA MARINE NATIONAL PARK

The land comprising 980 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 12 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not
that is covered by water).

__________________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Sch. 1

Act No. 40/2002

SCHEDULE EIGHT

MARINE SANCTUARIES

PART 1—BARWON BLUFF MARINE SANCTUARY

The land comprising 17 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 1 lodged in the Central Plan Office.

PART 2—BEWARE REEF MARINE SANCTUARY

The area containing 220 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 2 lodged in the Central Plan Office.

PART 3—EAGLE ROCK MARINE SANCTUARY

The land comprising 17 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 3 lodged in the Central Plan Office.

PART 4—JAWBONE MARINE SANCTUARY

The land comprising 30 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 4 lodged in the Central Plan Office.

PART 5—MARENGO REEFS MARINE SANCTUARY

The land comprising 12 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 5 lodged in the Central Plan Office.

PART 6—MERRI MARINE SANCTUARY

The land comprising 25 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 6/1 lodged in the Central Plan Office.

PART 7—MUSHROOM REEF MARINE SANCTUARY

The land comprising 80 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 7 lodged in the Central Plan Office.

PART 8—POINT COOKE MARINE SANCTUARY

The land comprising 290 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 8 lodged in the Central Plan Office.

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 Sch. 1

PART 9—POINT DANGER MARINE SANCTUARY

The land comprising 25 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 9 lodged in the Central Plan Office.

PART 10—RICKETTS POINT MARINE SANCTUARY

The land comprising 115 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 11 lodged in the Central Plan Office.

PART 11—THE ARCHES MARINE SANCTUARY

The land comprising 45 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 10 lodged in the Central Plan Office.

__________________".

______________________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Sch. 2

Act No. 40/2002

SCHEDULE 2

Section 30

REVOCATION OF FISHERIES RESERVES

Item 1—Harold Holt Annulus Fisheries Reserve

Situation of land: Popes Eye, Port Phillip Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 971 and 972
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 2—Harold Holt Mud Islands Fisheries Reserve

Situation of land: Mud Islands, Port Phillip Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 967–969
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 3—Harold Holt Point Lonsdale Fisheries Reserve

Situation of land: Point Lonsdale
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 974–976
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve

National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 Sch. 2
Item 4—Harold Holt Point Nepean Fisheries Reserve

Situation of land: Point Nepean
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 972–974
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve

Item 5—Harold Holt Swan Bay Fisheries Reserve

Situation of land: Swan Bay
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 969–971
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve
Item 6—Point Cook Fisheries Reserve
Situation of land: Point Cooke
Instrument of reservation: Order in Council dated 28 April
1998
Date of reservation: 30 April 1998
Description of land by reference to Government Gazette dated 30 April
Government Gazette: 1998, pages 966 and 967
Purpose of reserve: Fisheries
Extent of revocation: The entire reserve

__________________
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Sch. 3

Act No. 40/2002

SCHEDULE 3

Section 31

REVOCATION OF WILDLIFE RESERVE

Reservation of land under Crown Land (Reserves) Act 1978

Situation of land: Mud Islands
Instrument of reservation Order in Council dated 12 June 1985
under the Crown Land
(Reserves) Act 1978:
Date of reservation: 19 June 1985
Description of land by Government Gazette dated 19 June 1985,
reference to Government page 2354
Gazette:
Purpose of reserve: Management of wildlife
Extent of revocation: The entire reserve

Classification of land as a nature conservation reserve

Situation of land: Mud Islands
Instrument of classification of Order in Council dated 10 March 1999
wildlife reserve under the
Wildlife Act 1975:
Date of classification: 11 March 1999
Description of land by Government Gazette dated 11 March
reference to Government 1999, pages 611 and 624
Gazette:
Classification under the Nature conservation reserve
Wildlife Act 1975:
Extent of revocation: The entire reserve

═══════════════
National Parks (Marine National Parks and Marine
Sanctuaries) Act 2002

Act No. 40/2002 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 16 May 2002
Legislative Council: 11 June 2002
The long title for the Bill for this Act was "to amend the National Parks
Act 1975, the Fisheries Act 1995 and other Acts to provide for marine
national parks and marine sanctuaries, to make further amendments to the
National Parks Act 1975 and for other purposes."

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3.	Definitions	3
4.	Objects	3
5.	Secretary to enter into management agreements	4
6.	Insertion of new Division 1B of Part III	4
Division 1B—Marine National Parks and Marine
Sanctuaries	4

8.	Insertion of new section 32O	6
32O. Access rights—French Island Marine National Park parks and marine sanctuaries	6
9.	Additional powers of authorised officers in marine national
7
10.	Insertion of new section 38AA	7
38AA. Production of identification	7
11.	Extractive industries and petroleum operations	8
12.	Insertion of new sections 40A and 40B	9

13.	Insertion of heading in Part V	11
14.	Carriage, possession and use of spear guns	11
15.	Offence to fail to comply with direction of authorised officer	12

16.	Insertion of new Division and Heading	13
Division 2—Offences in Marine National Parks and
Marine Sanctuaries and Related Matters	13

17.	Amendment of Part heading	17
18.	Regulation making powers	18
19.	Insertion of new section 48A	18

21.	Amendment of Schedule Two	21
22.	Amendment of Schedule Three	23
23.	Amendment of Schedule Four	23
24.	Further amendments to the National Parks Act 1975	24

25.	Amendment of immunity provision	25
26.	Amendment of secrecy provision	25
27.	Insertion of new Part 10 in the Fisheries Act 1995	25
PART 10—TRANSITIONAL PROVISIONS—NATIONAL
PARKS (MARINE NATIONAL PARKS AND MARINE
SANCTUARIES) ACT 2002	25
Division 1—General	25

164.	Definitions	25
165.	Compensation only payable to licence holders and
permit holders as provided in this Part	33
166.	Certificate for purposes of evidence	34

182.	Applications for the Tribunal to review determinations	55
183.	Determinations of applications by the Tribunal	56

184.	Compensation Assessment Panel	56
185.	Deputies for members of the Panel	58
186.	Registrar of the Panel	59
187.	Meetings of the Panel	59
188.	Proceedings of the Panel	59
189.	Conducting proceedings of the Panel	60

190.	Compensation Appeals Tribunal	61
191.	Deputies for members of the Tribunal	63
192.	Registrar of the Tribunal	64
193.	Meetings of the Tribunal	64
194.	Proceedings of the Tribunal	64
195.	Conducting proceedings of the Tribunal	65

196.	Annual reports on fisheries to be prepared	66
197.	Tabling of annual reports on fisheries	67
198.	Minister to have regard to reports	67

Section	Page
SCHEDULES	70
SCHEDULE 1—Insertion of new Schedules Seven and Eight in the

SCHEDULE 2—Revocation of Fisheries Reserves	75
SCHEDULE 3—Revocation of Wildlife Reserve	77

(a)	to amend the National Parks Act 1975 to provide for marine national parks and marine sanctuaries; and
(b)	to make other amendments to the National Parks Act 1975; and

(c)	to amend the Fisheries Act 1995 to provide for a compensation scheme for the introduction of marine national parks and marine sanctuaries and to make other related amendments to that Act; and
(d)	to make consequential amendments to other Acts.

(e)	land to which an Order in force under section 19F(1) applies;
(f)	land managed under section 19AA, 19A, 19C, 19E or 32AA".

(a)	sets out the name of the authorised officer; and
(b)	contains a photograph of the authorised officer; and
(c)	indicates the fact that the person named in the document is authorised—

(a)	in respect of any part of a marine sanctuary; or
(b)	in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.

(b)	that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of
Schedule 2 to the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002.

(a)	a park described in Part 2, 5 or 11 of Schedule Seven; or
(b)	that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of
Schedule 2 to the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002.".

(b)	hatch, breed, display or grow fish or fishing bait.
Penalty:	100 penalty units or 6 months imprisonment or both, in the case of a natural person. 200 penalty units, in the case of a body corporate.

(b)	that is carrying equipment that is of a prescribed class of equipment.
Penalty:	100 penalty units or 6 months imprisonment or both, in the case of a natural person. 200 penalty units, in the case of a body corporate.

(a)	who is in the park described in Part 9 of Schedule Seven; and
(b)	who has in his or her possession or charge a boat carrying priority species—

Column 1	Column 2
Schedule Two,	Any land that is part of the
Part 4	parks described in Part 10 of Schedule Seven and in Part 7 of Schedule Eight
Schedule Two,	Any land that is part of the park
Part 15	described in Part 6 of Schedule Seven
Schedule Two,	Any land that is part of the park
Part 21	described in Part 11 of Schedule

Column 1	Column 2 Seven
Schedule Two,	Any land that is part of the
Part 23	parks described in Parts 4 and 12 of Schedule Seven
Schedule Two,	Any land that is part of the
Part 28	parks described in Parts 2 and 9 of Schedule Seven
Schedule Two,	Any land that is part of the park
Part 31	described in Part 11 of Schedule Seven
Schedule Three,	Any land that is part of the park
Part 3	described in Part 5 of Schedule Seven

Column 1	Column 2
Schedule Four,	Any land that is part of the park
Part 1	described in Part 12 of Schedule Seven
Schedule Four,	Any land that is part of the park
Part 2	described in Part 12 of Schedule Seven
Schedule Four,	Any land that is part of the park
Part 4	described in Part 4 of Schedule Seven
Schedule Four,	Any land that is part of the park
Part 7	described in Part 1 of Schedule Seven.

(a)	for "N.P. 20A/9 and N.P. 20B/10" substitute "N.P. 20A/11 and N.P. 20B/12";
(b)	after "mean high watermark." insert "Also excepted is any land between high water mark and low water mark forming part of the park described in Part 10 of Schedule Seven and part of the park described in Part 7 of Schedule Eight.".

(a)	in the heading, for "WILSON'S" substitute "WILSONS";
(b)	for "Wilson's Promontory" substitute "Wilsons Promontory";
(c)	for "coloured red" substitute "coloured pink";

(a)	for "LEGL./91–48" substitute "N.P.M.R. 2/1";
(b)	land between high water mark and