National Parks (Otways and Other Amendments) Act 2005 (Vic)
National Parks (Otways and Other Amendments) Act 2005
Act No. 60/2005
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendments to the National Parks
Act 1975
Division 1—General Amendments to the National Parks Act 1975
3.Definitions
4.Insertion of new section 29B
29B.Lighthouse leases—Great Otway National Park
5.Protection of access rights—Great Otway National Park
6.Consequential repeals—Port Campbell National Park and
other land7.Protection of designated water supply catchment areas
8.Substitution of sections 32I to 32K
32I.Management agreements with managing water authorities
32J.Access to property in designated water supply
catchment areas32K.Control and management of structures and installations in designated water supply catchment areas
9.Substitution of sections 32M and 32N
32M.Determination of disputes
32N.Restricted areas in designated water supply catchment areas
10.Insertion of new sections 32P and 32Q
32P.Land to be included in parks—Great Ocean Road etc.
32Q.Land to be included in Great Ocean Road etc.
11.Bambra Road Quarry—Great Otway National Park
12.Repeal of spent section
13.Substitution of section 61
61.Definition—2005 Act
61A.Continuation of lease—2005 Act
61B.Continuation of licences—2005 Act
61C.Rights to cease—reserved forest—2005 Act
61D.Rights to cease—roads—2005 Act
14.Substitution of section 62
62.Land to become part of park on surrender to Crown—2005 Act
62A.Saving of agreement
15.Insertion of new clause 3 in Schedule One A
3.Native Title not affected by the National Parks
(Otways and Other Amendments) Act 2005
Division 2—Amendments to Particular Parks
16.Amendment of Schedule Two
17.Amendment of Schedule Two B
18.Amendment of Schedule Three
Part 3—Amendments to Other Acts
19.Definition
20.Insertion of new heading and section 29F
Management powers in Beaconsfield Nature Conservation Reserve
29F.Control and management of structures and
installations
21.Repeal of spent transitional provisions
22.Nature of Fifth Schedule reserves
23.Insertion of new section 47A
47A.Purposes for land in Part 5 of the Fifth Schedule
24.Insertion of new section 48AA
48AA.Definition
25.Insertion of new section 48A
48A.Surf lifesaving club at Port Campbell—2005 Act
26.Insertion of new sections 50A to 50C
50A.Cessation of interests and rights—2005 Act
50B.Land to become part of reserve on surrender to
Crown—2005 Act50C.Continuation of grazing licences—2005 Act
27.New Crown land reserves—Fifth Schedule
28.Changes to Heritage River Areas
29.Access licences under Fisheries Act 1995 do not authorise
fishing in national parks etc.
30.Aquaculture licences under Fisheries Act 1995 do not
authorise fishing in national parks etc.31.General permits under Fisheries Act 1995 do not authorise fishing in national parks etc.
Part 4—Otway Forest Park
Division 1—Amendments to the Crown Land (Reserves) Act 1978
32.Management and control of Otway Forest Park
33.Insertion of new section 42
42.Otway Forest Park
Division 2—Amendments to the Forests Act 1958 and the
Sustainable Forests (Timber) Act 2004
34.Definition
35.Management of Otway Forest Park
36.Protected public land
37.Insertion of new heading and sections 101 and 102
Transitional Provisions
101.Continuation of licences and leases—2005 Act
102.Once only harvesting of pines in Otway Forest Park
38.Amendment of the Sustainable Forests (Timber) Act 2004
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Endnotes
National Parks (Otways and Other Amendments) Act 2005
[Assented to 20 September 2005]
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—
(i)to provide for the creation of the Great Otway National Park; and
(ii)to make various provisions in relation to other parks; and
(iii)to provide for other matters; and
(b)to amend the Crown Land (Reserves) Act 1978 to make various provisions in relation to Crown land reserves; and
(c)to make other amendments to the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the Forests Act 1958, the Heritage Rivers Act 1992 and the Sustainable Forests (Timber) Act 2004.
2.Commencement
(1)Sections 1, 12, 21, 22, 29, 30, 31 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Subject to sub-sections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision of Part 4 does not come into operation before 31 December 2008, it comes into operation on that day.
(4)If a provision of this Act (other than a provision of Part 4) does not come into operation before 30 June 2006, it comes into operation on that day.
__________________
Part 2—Amendments to the National Parks Act 1975
Division 1—General Amendments to the National Parks Act 1975
3.Definitions
In section 3(1) of the National Parks Act 1975—
(a)insert the following definitions—
' "Barwon Water" means Barwon Region Water Authority constituted under Part 6 of the Water Act 1989;
"Barwon water supply catchment area" means the land shown hatched on the plans numbered N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F and N.P. 111G and lodged in the Central Plan Office;
"managing water authority" means—
(a)in the case of a designated water supply catchment that is a Melbourne water supply catchment area, Melbourne Water Corporation; or
(b)in the case of a designated water supply catchment that is the Barwon water supply catchment area, Barwon Water; or
(c)in the case of a designated water supply catchment that is the South West water supply catchment area, South West Water;
"Melbourne Water Corporation" means Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992;
"Melbourne water supply catchment area" means either—
(a)the land shown coloured blue on the plan numbered N.P. 8B/1 and lodged in the Central Plan Office; or
(b)the land shown coloured blue or coloured orange on the plans numbered N.P. 102A/1 and N.P. 102B/1 and lodged in the Central Plan Office;
"South West Water" means South West Water Authority constituted under Part 6 of the Water Act 1989, or any other person having the functions of an Authority under section 163 of the Water Act 1989 in the South West water supply catchment area;
"South West water supply catchment area" means the land shown hatched on the plan numbered N.P. 111H and lodged in the Central Plan Office;';
(b)for the definition of "designated water supply catchment area" substitute—
' "designated water supply catchment area" means—
(a)any Melbourne water supply catchment area; or
(b)the Barwon water supply catchment area; or
(c)the South West water supply catchment area;'.
4.Insertion of new section 29B
After section 29A of the National Parks Act 1975 insert—
'29B.Lighthouse leases—Great Otway National Park
(1)The Minister may lease any part of the Cape Otway lighthouse area for the purposes of recreation and tourism being recreation and tourism that is carried out in a manner that is consistent with the conservation of the heritage values of the area.
(2)A lease under sub-section (1)—
(a)may provide for the operation of accommodation and facilities to the extent consistent with the purposes set out in sub-section (1); and
(b)must be granted in writing; and
(c)must not be for a term of more than 21 years; and
(d)is subject to the rent and other charges and terms and conditions determined by the Minister.
(3)The coming into operation of section 16(5) of the National Parks (Otways and Other Amendments) Act 2005 does not affect the existence and operation of the following leases—
(a)the lease between the Minister for Conservation and Environment of the State of Victoria and the Commonwealth of Australia dated 1 December 1995 over the land at Cape Otway, being Crown Allotment 44E, Parish of Otway; and
(b)the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority, dated 1 December 1995 over the land at Cape Otway, being Lot 44C on Consolidated Plan 116404; and
(c)the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority, dated 1 December 1995 over the land at Cape Otway, being Lot 44D on Consolidated Plan 116402; and
(d)the lease between the Minister for Conservation and Land Management on behalf of the Lighthouse Reserves Committee of Management to Tourism Great Ocean Road Pty. Ltd. (ACN 074 746 802) with a commencement date of 1 January 1997 over land at Cape Otway and as subsequently varied.
(4)A lease referred to in sub-section (3) continues in force, subject to its terms, for the period of the lease, despite anything to the contrary in this Act or any other Act.
(5)The lease referred to in sub-section (3)(d)—
(a)is deemed to be and to always have been granted by the Lighthouse Reserves Committee of Management; and
(b)on and from the commencement of this section, is deemed to have effect as if any reference in the lease to the "Minister" were a reference to the Minister administering this Act.
(6)In this section "Cape Otway lighthouse area" means the area shown hatched on the plan numbered N.P. 111B lodged in the Central Plan Office.'.
5.Protection of access rights—Great Otway National Park
In section 30I(4)(a) of the National Parks Act 1975, after "Part 30," insert "Part 31,".
6.Consequential repeals—Port Campbell National Park and other land
(1)Section 32 of the National Parks Act 1975 is repealed.
(2)Section 32B(4)(b) of the National Parks Act 1975 is repealed.
(3)Section 32B(5) of the National Parks Act 1975 is repealed.
7.Protection of designated water supply catchment areas
Insert the following heading to section 32H of the National Parks Act 1975—
"Protection of designated water supply catchment areas and their water resources".
8.Substitution of sections 32I to 32K
For sections 32I to 32K of the National Parks Act 1975 substitute—
'32I.Management agreements with managing water authorities
(1)The Secretary may enter into an agreement with—
(a)Melbourne Water Corporation for the management by Melbourne Water Corporation of a Melbourne water supply catchment area; or
(b)Barwon Water for the management by Barwon Water of the Barwon water supply catchment area; or
(c)South West Water for the management by South West Water of the South West water supply catchment area.
(2)An agreement under sub-section (1)—
(a)must be in writing; and
(b)must be consistent with the objects of this Act and with the duties imposed on the Secretary by sections 17(2)(ba), 17(3) and 32H; and
(c)may be amended from time to time or terminated by a further written agreement between the parties.
(3)An agreement under sub-section (1)—
(a)must specify those duties, functions and powers imposed on the Secretary by or under this Act which may be carried out by the managing water authority that has entered into the agreement in relation to the designated water supply catchment area to which the agreement relates; and
(b)must specify those functions and powers of the managing water authority which may be performed by the managing water authority in relation to the designated water supply catchment area; and
(c)may provide for the management and control by the managing water authority of any property within the designated water supply catchment area; and
(d)must contain provisions with respect to—
(i)the protection of conservation values within the designated water supply catchment area; and
(ii)fire protection and fire management within the area; and
(iii)prohibiting and regulating the activities of people within the area and access to the area by people; and
(iv)once-only harvesting of forest produce from those areas shown cross-hatched on the plans referred to in Parts 10 and 39 of Schedule Two, and the rehabilitation of those areas; and
(v)procedures to be followed to prevent or settle disputes concerning the management of the area that arise between the parties during the currency of the agreement including the submission of any unresolved dispute to the Minister, the Minister responsible for the managing water authority and (in the case of Melbourne Water Corporation) the Minister administering section 17 of the State Owned Enterprises Act 1992, for a decision that is to be binding on the parties.
(4)It is deemed to be a term of any agreement under sub-section (1) that, despite any other provision of this Act, it is the function of the managing water authority to determine the policy necessary in a designated water supply catchment area—
(a)to protect the area for the purposes of water supply; and
(b)to maintain the water quality of and otherwise protect the water resources in the area; and
(c)to restrict human activity for the purposes of giving effect to paragraphs (a) and (b).
32J.Access to property in designated water supply catchment areas
The Minister must grant to the managing water authority for a designated water supply catchment area that reasonable right of access to property within the area that is owned, controlled or managed by the managing water authority that will, in the Minister's opinion, allow the managing water authority to exercise its powers and functions with respect to that property.
32K.Control and management of structures and installations in designated water supply catchment areas
(1)The managing water authority for a designated water supply catchment area may manage and control any structures and installations (other than those built or installed by the Secretary) in the area.
(2)For the purposes of giving effect to sub-section (1), the managing water authority may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control a structure or installation.
(3)In this section "structures and installations" includes, but is not limited to, dam walls, reservoirs, weirs, tunnels, roads, tracks, buildings, towers and fences.'.
9.Substitution of sections 32M and 32N
For sections 32M and 32N of the National Parks Act 1975 substitute—
"32M.Determination of disputes
(1)If the Secretary has not entered into an agreement under section 32I—
(a)with Melbourne Water Corporation about the management of a Melbourne water supply catchment area; or
(b)with Barwon Water about the management of the Barwon water supply catchment area; or
(c)with South West Water about the management of the South West water supply catchment area—
and if there is a dispute about the management of the area, either the Secretary or the relevant managing water authority may refer the dispute to the Minister, the Minister responsible for administering the relevant managing water authority and (in the case of Melbourne Water Corporation) the Minister administering section 17 of the State Owned Enterprises Act 1992 for determination.
(2)A decision of the Ministers under sub-section (1) is binding on the parties to the dispute.
32N.Restricted areas in designated water supply catchment areas
(1)The Minister may by notice published in the Government Gazette, prohibit, regulate or control access of persons to that part of a designated water supply catchment area that is specified in the notice.
(2)The Minister must not make a notice under sub-section (1) unless—
(a)the Minister is of the opinion that it is necessary to do so to prevent access of persons to that part of the designated water supply catchment area for the purposes of—
(i)protecting that area for the purposes of water supply; or
(ii)maintaining the water quality of and otherwise protecting the water resources of that area; and
(b)the Minister has, before doing so, consulted the Minister responsible for the managing water authority for that area.
(3)A notice under sub-section (1)—
(a)may be general or of limited application; and
(b)takes effect from the date of publication in the Government Gazette or from any later date specified in the notice; and
(c)in the absence of a date specified in the notice, continues to have effect until 90 days after publication of the notice in the Government Gazette; and
(d)may not provide that it continues to have effect for any period exceeding 12 months.
(4)As soon as possible after publication of the notice in the Government Gazette, the Minister must publish a notice in a newspaper circulating generally in the area likely to be affected by the notice stating that he or she has published the notice.
(5)Part 5 of the Subordinate Legislation Act 1994 applies to a notice under this section as if that notice were a statutory rule within the meaning of that Act that had been laid before Parliament on the day on which the notice was published in the Government Gazette.
(6)A person must comply with a notice under this section.
Penalty:20 penalty units.".
10.Insertion of new sections 32P and 32Q
After section 32O of the National Parks Act 1975 insert—
'32P.Land to be included in parks—Great Ocean Road etc.
(1)The Minister may recommend to the Governor in Council that any part of the Otway Roads Survey Area be part of the park described in Part 21 or Part 31 of Schedule Two on—
(a)receiving a plan of land signed by the Surveyor-General; and
(b)being satisfied that the land shown on the plan represents that land that is to be part of the park.
(2)On receiving a recommendation of the Minister under sub-section (1), the Governor in Council may, by Order published in the Government Gazette, declare the land to be part of the park.
(3)On the publication of an Order under sub-section (2)—
(a)any part of the land delineated and coloured yellow on the plan referred to in the Order that was a road or part of a road or road reserve ceases to be a road and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and
(b)the land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(c)the land is deemed to be part of the park specified in the Order.
(4)This section has effect despite any provision in any other Act to the contrary.
(5)In this section and in section 32Q, "Otway Roads Survey Area" means the Crown land within 300 metres of the centre line of the following—
(a)those parts of the Great Ocean Road shown as dashed red lines on the plans lodged in the Central Plan Office and numbered N.P. 16/5, N.P. 111A, N.P. 111B, N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F and N.P. 111H;
(b)that part of the Skenes Creek Road shown as a dashed red line on the plan lodged in the Central Plan Office and numbered N.P. 111C;
(c)that part of the Beech Forest Road that is shown as a dashed red line on the plan lodged in the Central Plan Office and numbered N.P. 111C;
(d)those parts of the Deans Marsh–Lorne Road shown as dashed red lines on the plans lodged in the Central Plan Office and numbered N.P. 111D and N.P. 111F;
(e)those parts of the Forrest–Apollo Bay Road shown as dashed red lines on the plans lodged in the Central Plan Office and numbered N.P. 111C and N.P. 111G;
(f)those parts of the Lavers Hill–Cobden Road shown as dashed red lines on the plans lodged in the Central Plan Office and numbered N.P. 111A, N.P. 111H and N.P. 111K;
(g)those parts of the Colac–Lavers Hill Road shown as dashed red lines on the plan lodged in the Central Plan Office and numbered N.P. 111H;
(h)those parts of the Carlisle–Colac Road shown as dashed red lines on the plan lodged in the Central Plan Office and numbered N.P. 111J;
(i)those parts of the Gellibrand River Road shown as dashed red lines on the plans lodged in the Central Plan Office and numbered N.P. 111A, N.P. 111H and N.P. 111K;
(j)that part of the Otway Lighthouse Road shown as a dashed red line on the plan lodged in the Central Plan Office and numbered N.P. 111B;
(k)that part of the Princetown Road shown as a dashed red line on the plan lodged in the Central Plan Office and numbered N.P. 111K.
(6)This section expires on 1 July 2009.
32Q.Land to be included in Great Ocean Road etc.
(1)The Minister may recommend to the Governor in Council that any part of the Otway Roads Survey Area not be part of the park described in Part 21 or Part 31 of Schedule Two on—
(a)receiving a plan of land signed by the Surveyor-General; and
(b)being satisfied that the land shown on the plan represents that land that is not to be part of the park.
(2)On receiving a recommendation of the Minister under sub-section (1), the Governor in Council may, by Order published in the Government Gazette, declare the land not to be part of the park.
(3)On the publication of an Order under sub-section (2)—
(a)the land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the land is deemed not to be part of the park described in Part 21 or Part 31 (as the case so requires) of Schedule Two.
(4)This section has effect despite any provision in any other Act to the contrary.
(5)This section expires on 1 July 2009.'.
11.Bambra Road Quarry—Great Otway National Park
(1)In section 40(1AA) of the National Parks Act 1975—
(a)in paragraph (d), for "relevant date." substitute "relevant date; or";
(b)after paragraph (d) insert—
"(e)in the case of the land shown delineated and cross-hatched on the plan lodged in the Central Plan Office and numbered N.P. 111E, the consent is to the granting of a work authority under the Extractive Industries Development Act 1995.".
(2)In section 40(6) of the National Parks Act 1975, for "or (2)." substitute "or (2)".
12.Repeal of spent section
Section 50E of the National Parks Act 1975 is repealed.
13.Substitution of section 61
For section 61 of the National Parks Act 1975 substitute—
'61.Definition—2005 Act
In this Part "2005 Act" means the National Parks (Otways and Other Amendments) Act 2005.
61A.Continuation of lease—2005 Act
(1)On and from the commencement of section 16(5) of the 2005 Act the Telstra Lease continues in force and may continue to be dealt with as a lease under section 51 of the Forests Act 1958.
(2)In sub-section (1), "Telstra Lease" means the lease granted under section 51 of the Forests Act 1958 to Telstra Corporation Limited (ACN 051 775 556) dated to commence on 1 May 2001 over Crown Allotment 61D of Section 5, Parish of Lorne.
61B.Continuation of licences—2005 Act
(1)On and from the commencement of section 16(5) of the 2005 Act, any relevant licence over the land described in Part 31 of Schedule Two and existing immediately before that commencement, continues in force until its expiry. If the licence expires before 31 December 2006 it may be renewed and continue in force from its renewal until that date.
(2)A licence that is continued in force under sub-section (1) may be dealt with as a licence under the section of the Act under which it has been issued.
(3)In this section, "relevant licence" means any of the following—
(a)a grazing licence granted under section 130 of the Land Act 1958 or section 16 of the Wildlife Act 1975; or
(b)a licence granted under section 138 of the Land Act 1958.
61C.Rights to cease—reserved forest—2005 Act
On the commencement of a sub-section of section 16 of the 2005 Act referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office the number of which is referred to in Column 2 of the Table opposite the sub-section of section 16, cease to be reserved forest.
TABLE
Column 1 Column 2 Section 16(1) N.P. 86/3 Section 16(5) N.P. 111A, N.P. 111B, N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F, N.P. 111G, N.P. 111H, N.P. 111J, N.P. 111K 61D.Rights to cease—roads—2005 Act
(1)On the commencement of a sub-section of section 16 of the 2005 Act referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured yellow or coloured orange on the plan lodged in the Central Plan Office the number of which is referred to in Column 2 of the Table opposite the sub-section of section 16, cease to be roads or parts of roads or road reserves and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.
TABLE
Column 1 Column 2 Section 16(1) N.P. 86/3 Section 16(2) N.P. 8/7 Section 16(4) N.P. 16/5 Section 16(5) N.P. 111A, N.P. 111B, N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F, N.P. 111G, N.P. 111H, N.P. 111J, N.P. 111K Section 16(6) N.P. 102A/1, N.P. 102B/1 (2)On the commencement of section 18 of the 2005 Act, the lands delineated and coloured yellow on the plan numbered N.P. 104/1 lodged in the Central Plan Office cease to be roads or parts of roads or road reserves and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.'.
14.Substitution of section 62
For section 62 of the National Parks Act 1975 substitute—
"62.Land to become part of park on surrender to Crown—2005 Act
(1)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 86/3 is not surrendered to the Crown before the commencement of section 16(1) of the 2005 Act, that land is to be taken to be excluded from the park described in Part 6 of Schedule Two until the title to that land is surrendered to the Crown.
(2)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 8B/1 is not surrendered to the Crown before the commencement of section 16(2) of the 2005 Act, that land is to be taken to be excluded from the park described in Part 10 of Schedule Two until the title to that land is surrendered to the Crown.
(3)If any of the land shown coloured blue on the plans lodged in the Central Plan Office and numbered N.P. 111C, N.P. 111G and N.P. 111H is not surrendered to the Crown before the commencement of section 16(5) of the 2005 Act, that land is to be taken to be excluded from the park described in Part 31 of Schedule Two until the title to that land is surrendered to the Crown.
(4)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 102A/1 or N.P. 102B/1 is not surrendered to the Crown before the commencement of section 16(6) of the 2005 Act, that land is to be taken to be excluded from the park described in Part 39 of Schedule Two until the title to that land is surrendered to the Crown.
(5)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 21/6 is not surrendered to the Crown before the commencement of section 17(4) of the 2005 Act, that land is to be taken to be excluded from the park described in Part 31 of Schedule Two B until the title to that land is surrendered to the Crown.
62A.Saving of agreement
On and from the commencement of section 8 of the 2005 Act, the agreement between the Secretary and Melbourne Water Corporation made under section 32I (as in force before that commencement), and dated 6 December 1995, is deemed to continue in force on and from that commencement as if it were made under section 32I (as in force on and from that commencement).".
15.Insertion of new clause 3 in Schedule One A
After clause 2 to Schedule One A of the National Parks Act 1975 insert—
"3.Native Title not affected by the National Parks (Otways and Other Amendments) Act 2005
(1)The amendments made to this Act by the National Parks (Otways and Other Amendments) Act 2005 are not intended to affect native title rights and interests.
(2)Sub-clause (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.".
Division 2—Amendments to Particular Parks
16.Amendment of Schedule Two
(1)In Part 6 of Schedule Two to the National Parks Act 1975—
(a)for "3215 hectares" substitute "3540 hectares";
(b)for "Parishes of Narree Worran, Monbulk, Mooroolbark and Scoresby" substitute "Parishes of Monbulk, Mooroolbark, Narree Worran, Scoresby and Wandin Yallock";
(c)for "bordered black and, within that border, coloured grey or shown hatched" substitute "coloured pink or coloured green";
(d)for "N.P. 86/2 and N.P. 86A" substitute "N.P. 86/3".
(2)In Part 10 of Schedule Two to the National Parks Act 1975—
(a)for "21 600 hectares" substitute "22 360 hectares";
(b)after "Tarrawarra North," insert "Tourourrong,";
(c)for "bordered red or bordered green excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue" substitute "coloured pink or coloured blue or coloured yellow";
(d)for "N.P. 8/6, N.P. 8A/2 and N.P. 8B" substitute "N.P. 8/7, N.P. 8A/3 and N.P. 8B/1".
(3)In Part 20 of Schedule Two to the National Parks Act 1975—
(a)for "134 hectares" substitute "153 hectares";
(b)for "N.P. 15/3" substitute "N.P. 15/4".
(4)In Part 21 of Schedule Two to the National Parks Act 1975—
(a)for "1750 hectares" substitute "1830 hectares";
(b)for "bordered red or coloured red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue" substitute "coloured pink or coloured yellow excepting therefrom the Great Ocean Road";
(c)for "N.P. 16/4" substitute "N.P. 16/5";
(d)for "Also excepted from the Port Campbell National Park is that area shown hatched on a plan lodged in the Central Plan Office and numbered N.P. 16A and any land forming part of the park described in Part 11 of Schedule Seven." substitute "Excepted is any land forming part of the park described in Part 11 of Schedule Seven.".
(5)For Part 31 of Schedule Two to the National Parks Act 1975 substitute—
"Part 31—GREAT OTWAY NATIONAL PARK
All those pieces or parcels of land containing 103 000 hectares, more or less, situate in the Counties of Colac, Heytesbury, Otway, Polwarth and Winchelsea, being the land delineated and coloured pink or coloured green or coloured yellow or coloured blue in plans lodged in the Central Plan Office and numbered N.P. 111A, N.P. 111B, N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F, N.P. 111G, N.P. 111H, N.P. 111J and N.P. 111K, excepting the Great Ocean Road, Beech Forest Road, Carlisle–Colac Road, Colac–Lavers Hill Road, Deans Marsh–Lorne Road, Forrest–Apollo Bay Road, Gellibrand River Road, Lavers Hill–Cobden Road, Otway Lighthouse Road, Princetown Road and Skenes Creek Road. Also excepted is any land between high water mark and low water mark forming part of the park described in Part 8 and in Part 11 of Schedule Seven.".
(6)In Part 39 of Schedule Two to the National Parks Act 1975—
(a)for "76 003 hectares" substitute "77 040 hectares";
(b)for "bordered red or green" substitute "coloured pink or coloured blue or coloured orange";
(c)omit "and that portion of Crown Allotment B, Parish of Taponga south of the Warburton–Woods Point Road excepting therefrom the roads shown as excluded also excepting therefrom that part of the land bordered blue that does not include Crown Allotments 1, A and C, Parish of Manango also excepting therefrom the Crown Allotments listed";
(d)for "N.P. 102A and N.P. 102B" substitute "N.P. 102A/1 and N.P. 102B/1".
17.Amendment of Schedule Two B
(1)Part 1 of Schedule Two B to the National Parks Act 1975 is repealed.
(2)Part 7 of Schedule Two B to the National Parks Act 1975 is repealed.
(3)Part 18 of Schedule Two B to the National Parks Act 1975 is repealed.
(4)In Part 31 of Schedule Two B to the National Parks Act 1975—
(a)for "676 hectares" substitute "680 hectares";
(b)for "Townships of Warrandyte and Warrandyte North and the Parishes of Warrandyte and Nillumbik" substitute "Parishes of Nillumbik, Sutton and Warrandyte";
(c)for "bordered red" substitute "coloured pink";
(d)for "N.P. 21/5" substitute "N.P. 21/6".
18.Amendment of Schedule Three
In Part 15 of Schedule Three to the National Parks Act 1975—
(a)for "4175 hectares" substitute "4225 hectares";
(b)for "coloured pink or green excepting therefrom the roads shown as excluded" substitute "coloured pink or coloured yellow excepting therefrom the roads shown as excluded";
(c)for "N.P. 104" substitute "N.P. 104/1".
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Part 3—Amendments to Other Acts
19.Definition
Insert the following definition in section 3 of the Crown Land (Reserves) Act 1978—
' "Melbourne Water Corporation" means Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992;'.
20.Insertion of new heading and section 29F
After section 29E of the Crown Land (Reserves) Act 1978 insert—
'Management powers in Beaconsfield Nature Conservation Reserve
29F.Control and management of structures and installations
(1)The Minister, with the agreement of the Minister administering the Melbourne Water Corporation Act 1992, may enter into an agreement with Melbourne Water Corporation to manage and control any structures and installations in the reserve described in Division 10 of Part 1 of the Fifth Schedule that are specified in the agreement.
(2)For the purposes of giving effect to an agreement under sub-section (1), Melbourne Water Corporation may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control any structure or installation specified in the agreement.
(3)In this section "structures and installations" includes, but is not limited to, dam embankments, spillways, outlet structures, pipelines, buildings, and survey and geotechnical monitoring points.'.
21.Repeal of spent transitional provisions
(1)Section 34 of the Crown Land (Reserves) Act 1978 is repealed.
(2)Section 36 of the Crown Land (Reserves) Act 1978 is repealed.
22.Nature of Fifth Schedule reserves
(1)In section 44 of the Crown Land (Reserves) Act 1978, after "deemed to be" insert "permanently".
(2)In section 45 of the Crown Land (Reserves) Act 1978, after "deemed to be" insert "permanently".
(3)In section 46 of the Crown Land (Reserves) Act 1978, after "deemed to be" insert "permanently".
(4)In section 47 of the Crown Land (Reserves) Act 1978, after "deemed to be" insert "permanently".
23.Insertion of new section 47A
After section 47 of the Crown Land (Reserves) Act 1978 insert—
"47A.Purposes for land in Part 5 of the Fifth Schedule
Each area of land described in a Division of Part 5 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular, the purposes set out in that Division of that Part.".
24.Insertion of new section 48AA
After the heading to Division 3 of Part 6 of the Crown Land (Reserves) Act 1978 insert—
'48AA.Definition
In this Part "2005 Act" means the National Parks (Otways and Other Amendments) Act 2005.'.
25.Insertion of new section 48A
After section 48 of the Crown Land (Reserves) Act 1978 insert—
'48A.Surf lifesaving club at Port Campbell—2005 Act
(1)Despite the commencement of section 25 of the 2005 Act, the Port Campbell surf lifesaving club lease continues in force on the same terms and conditions as those applying to it immediately before that commencement and is deemed to have effect, on and from that commencement, as if any reference in the lease to the "Minister" were a reference to the Minister administering this section.
(2)In this section, "Port Campbell surf lifesaving club lease" means the lease granted by the Minister administering section 32B of the National Parks Act 1975 (under section 32B of that Act, as in force before the commencement of section 6 of the 2005 Act) to the Surf Lifesaving Association of Australia, Victorian State Centre, as varied by the deed of variation between the Minister for Environment and Conservation and the Surf Lifesaving Association of Australia, Victorian State Centre and dated 14 March 2000.'.
26.Insertion of new sections 50A to 50C
After section 50 of the Crown Land (Reserves) Act 1978 insert—
"50A.Cessation of interests and rights—2005 Act
(1)On the commencement of section 27(1) of the 2005 Act—
(a)any reservation, under this or any other Act, of an area of land described in Division 9 or 10 of Part 1 of the Fifth Schedule that was in force immediately before that commencement is revoked; and
(b)any regulations made under section 13 of this Act that applied to any such area of land, immediately before that commencement, are revoked in so far as they apply to the land; and
(c)the land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement; and
(d)despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land, under this Act, the Mineral Resources Development Act 1990 or the Water Act 1989 and in force immediately before that commencement, continues in force on and after that commencement subject to its terms and conditions.
(2)On the commencement of section 27 of the 2005 Act, the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./05–309 ceases to be roads or parts of roads or road reserves and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.
50B.Land to become part of reserve on surrender to Crown—2005 Act
(1)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–309 is not surrendered to the Crown before the commencement of section 27(1) of the 2005 Act, that land is to be taken to be excluded from the park described in Division 9 of Part 1 of the Fifth Schedule until the title to that land is surrendered to the Crown.
(2)If any of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–310 is not surrendered to the Crown before the commencement of section 27(1) of the 2005 Act, that land is to be taken to be excluded from the park described in Division 10 of Part 1 of the Fifth Schedule until the title to that land is surrendered to the Crown.
50C.Continuation of grazing licences—2005 Act
Despite the commencement of section 27(1) of the 2005 Act, any grazing licence granted over land described in Division 10 of Part 1 of the Fifth Schedule under section 130 of the Land Act 1958 and existing immediately before that commencement continues in force on the same terms and conditions as those applying to it immediately before that commencement.".
27.New Crown land reserves—Fifth Schedule
(1)After Division 8 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—
"DIVISION 9—BEACONSFIELD NATURE CONSERVATION RESERVE
The land delineated and coloured pink and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./05–309.
DIVISION 10—WARRANDYTE–KINGLAKE NATURE CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./05–310.".
(2)After Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—
"PART 5—MISCELLANEOUS RESERVES
DIVISION 1—PORT CAMPBELL COASTAL RESERVE
The land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–311.
Purposes of the reservation—
The purposes of the protection of the coast.
DIVISION 2—PORT CAMPBELL RECREATION AND CAMPING RESERVE
The land delineated and shown cross-hatched on the plan lodged in the Central Plan Office and numbered
LEGL./05–311.
Purposes of the reservation—
The purposes of public recreation and camping.".
28.Changes to Heritage River Areas
In Schedule 1 to the Heritage Rivers Act 1992—
(a)in Part 12, after "numbered LEGL/91–14" insert "and all those pieces of land along the Mitchell River shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./05–312";
(b)for Part 16 substitute—
"PART 16—AIRE RIVER HERITAGE AREA
The bed and banks of the Aire River between a point on the left bank of that river in line with the eastern boundary of Crown allotment 29E Parish of Olangolah and the low water mark at the mouth of that river and all public land adjoining that length of river comprising—
(a)all land in the Otway National Park that is within 200 metres of each bank of the river; and
(b)all land within Crown Allotment 21H, Parish of Aire and Crown Allotment 21A, Parish of Otway; and
(c)all land in the Aire River Wildlife Reserve under the Wildlife Act 1975 (Government Gazette 1987 page 1495) that is within 100 metres of the left bank of the Aire River.".
29.Access licences under Fisheries Act 1995 do not authorise fishing in national parks etc.
After section 38(1) of the Fisheries Act 1995 insert—
"(1A)An access licence does not authorise the carrying out of any activity specified in sub-section (1) in any national park, wilderness park or State park (within the meaning of the National Parks Act 1975) or any reference area (within the meaning of the Reference Areas Act 1978).
(1B)Sub-section (1A) does not apply to any access licence in force immediately before 7 March 2005, to the extent of any entitlements under that licence that were in force at that time.".
30.Aquaculture licences under Fisheries Act 1995 do not authorise fishing in national parks etc.
After section 43(1) of the Fisheries Act 1995 insert—
"(1AA)An aquaculture licence does not authorise the carrying out of any activity specified in sub-section (1) in any national park, wilderness park or State park (within the meaning of the National Parks Act 1975) or any reference area (within the meaning of the Reference Areas Act 1978).
(1AB)Sub-section (1AA) does not apply to any aquaculture licence in force immediately before 7 March 2005, to the extent of any entitlements under that licence that were in force at that time.".
31.General permits under Fisheries Act 1995 do not authorise fishing in national parks etc.
After section 49(2) of the Fisheries Act 1995 insert—
"(2A)A general permit does not authorise the carrying out of any activity—
(a)specified in sub-section (2)(b), (c), (d), (e), (f) and (g); and
(b)specified in sub-section (2)(a), to the extent that it applies to aquaculture—
in any national park, wilderness park or State park (within the meaning of the National Parks Act 1975) or any reference area (within the meaning of the Reference Areas Act 1978).
(2B)Sub-section (2A) does not apply to any general permit in force immediately before 7 March 2005, to the extent of any entitlements under that permit that were in force at that time.".
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Part 4—Otway Forest Park
Division 1—Amendments to the Crown Land (Reserves) Act 1978
32.Management and control of Otway Forest Park
(1)After section 18(1A) of the Crown Land (Reserves) Act 1978 insert—
"(1B)The land described in an Order made under section 42 is placed under the control and management of the Secretary for the purposes of section 18A of the Forests Act 1958.".
(2)In section 18(2) of the Crown Land (Reserves) Act 1978, for "sub-section (1) or (1A)" substitute "sub-section (1), (1A) or (1B)".
33.Insertion of new section 42
After section 41 of the Crown Land (Reserves) Act 1978 insert—
"42.Otway Forest Park
(1)The Minister may recommend to the Governor in Council that any part of the land shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./05–342 be a forest park on—
(a)receiving a plan of the land signed by the Surveyor-General; and
(b)being satisfied that the land shown on the plan represents land that is to be a forest park.
(2)On receiving a recommendation of the Minister under sub-section (1), the Governor in Council may, by Order published in the Government Gazette, declare the land to be a forest park to be known as the Otway Forest Park.
(3)On the publication of an Order under sub-section (2)—
(a)any reservation, under this or any other Act, of an area of land described in the plan referred to in the Order that was in force immediately before the publication of the Order is revoked; and
(b)any regulations made under section 13 of this Act that applied to any such area of land, immediately before the publication of the Order, are revoked in so far as they apply to the land; and
(c)any part of the land delineated and coloured yellow on the plan referred to in the Order that was a road or part of a road or road reserve ceases to be a road or part of a road or road reserve and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant, or past dedication or supposed dedication or any past user or operation of law or otherwise, cease; and
(d)subject to section 101 of the Forests Act 1958, the land described on the plan referred to in the Order is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(e)the land described on the plan referred to in the Order is deemed to be permanently reserved under this Act for the purposes of—
(i)providing opportunities for informal recreation associated with the enjoyment of natural surroundings;
(ii)protecting and conserving biodiversity, natural and cultural features and water supply catchments;
(iii)supplying a limited range of natural resource products.".
Division 2—Amendments to the Forests Act 1958 and the Sustainable Forests (Timber) Act 2004
34.Definition
In section 3(1) of the Forests Act 1958, insert—
' "Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment;'.
35.Management of Otway Forest Park
(1)After section 18A(1) of the Forests Act 1958 insert—
"(1A)The Secretary must control, manage and use land placed under the control and management of the Secretary under section 18(1B) of the Crown Land (Reserves) Act 1978 for the purposes for which it is reserved.".
(2)In section 18A(2) of the Forests Act 1958, after "land under the control and management of the Secretary" insert "under sub-section (1)".
(3)After section 18A(2) of the Forests Act 1958 insert—
"(2A)Subject to this section—
(a)the provisions of—
(i)this Act, other than sections 42(6), 42(8), 47 and 49; and
(ii)the Sustainable Forests (Timber) Act 2004, other than Part 3; and
(iii)the Safety on Public Land Act 2004; and
(b)any regulations made under those provisions of those Acts and any regulations applying to and in relation to reserved forest generally—
apply to and in relation to the land to which sub-section (1A) applies as if the land were reserved forest.".
(4)For section 18A(3) of the Forests Act 1958 substitute—
"(3)Section 51 applies to—
(a)any land to which sub-section (1) applies as if section 51 authorises the granting of a lease for the use of a kiosk, cafe or store or for scientific research or for a ski tow but for no other purpose; and
(b)any land to which sub-section (1A) applies as if section 51 authorises the granting of a lease for any purpose that is not detrimental to the purpose for which the land is reserved.".
(5)After section 18A(3) of the Forests Act 1958 insert—
"(3A)Section 52 applies to the land to which sub-section (1A) applies as if section 52 does not authorise the granting of a licence under section 52(1)(a)(iv), (v), (vi) or (vii) for the purposes of sawlog or pulpwood production.
(3B)Section 21 applies to the land to which sub-section (1A) applies as if section 21 does not authorise the Secretary to exercise any of the Secretary's powers under section 21(1)(a), (b), (c) or (d) for the purposes of sawlog or pulpwood production.".
36.Protected public land
In section 62(1A)(d) of the Forests Act 1958 after "National Parks Act 1975," insert "or for the purposes of section 18A of this Act,".
37.Insertion of new heading and sections 101 and 102
After section 100 of the Forests Act 1958 insert—
'Transitional Provisions
101.Continuation of licences and leases—2005 Act
(1)On and from the commencement of Part 4 of the 2005 Act—
(a)any licence granted under section 52; or
(b)any permit granted under section 52—
over the forest park land, being a licence or permit existing immediately before that commencement, continues in force and may be dealt with as a licence or permit under section 52 until its expiry.
(2)On and from the commencement of Part 4 of the 2005 Act any lease granted under section 51 over the forest park land, being a lease existing immediately before that commencement, continues in force and may be dealt with as a lease under section 51 until its expiry.
(3)On and from the commencement of Part 4 of the 2005 Act any lease or licence granted under the Land Act 1958 over the forest park land, being a lease or licence existing immediately before that commencement, continues in force and may be dealt with as a lease or licence (as the case requires) under the Land Act 1958 until its expiry.
(4)On and from the commencement of Part 4 of the 2005 Act any lease or licence granted under the Crown Land (Reserves) Act 1978 over the forest park land, being a lease or licence existing immediately before that commencement, continues in force and may be dealt with as a lease or licence (as the case requires) under the Crown Land (Reserves) Act 1978 until its expiry.
(5)In this section and in section 102—
"forest park land" means the land placed under the control and management of the Secretary under section 18(1B) of the Crown Land (Reserves) Act 1978;
"2005 Act" means the National Parks (Otways and Other Amendments) Act 2005.
102.Once only harvesting of pines in Otway Forest Park
The amendment to section 18A by section 35(5) of the 2005 Act does not apply to the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–346 for the purposes of harvesting, once only, pines existing on that land at the commencement of the 2005 Act for the purposes of sawlog or pulpwood production.'.
38.Amendment of the Sustainable Forests (Timber) Act 2004
In Schedule 2 to the Sustainable Forests (Timber) Act 2004, omit "S000505", "S000358", "S000450", "S000463" and "B000474".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 16 June 2005
Legislative Council: 13 September 2005
The long title for the Bill for this Act was "to amend the National Parks Act 1975 to provide for the creation of the Great Otway National Park and for other related matters, to amend the Crown Land (Reserves) Act 1978, the Fisheries Act 1995, the Forests Act 1958, the Heritage Rivers Act 1992 and the Sustainable Forests (Timber) Act 2004 and for other purposes."
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