National Parks (Point Nepean) Act 2005 (Vic)

National Parks (Point Nepean) Act 2005

Act No. 43/2005

TABLE OF PROVISIONS

Section  Page

1.Purpose

2.Commencement

3.Point Nepean National Park

4.Insertion of new section 53

53.Definition

5.Insertion of new sections 65 to 67

65.Rights to cease—roads—Point Nepean Act

66.Land to become part of park on surrender to Crown

67.Registrar of Titles to make necessary amendments to records

6.Amendment of Schedule Two

7.Further amendment in relation to Defence Road

8.Insertion of new section 58A

58A.Rights to cease, part of Defence Road—Point Nepean Act

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ENDNOTES

National Parks (Point Nepean) Act 2005

[Assented to 16 August 2005]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to amend the National Parks Act 1975—

(a)to establish a national park to be known as the Point Nepean National Park; and

(b)to make various amendments to the Mornington Peninsula National Park; and

(c)to make other associated amendments.

2.Commencement

(1)This Act (except sections 7 and 8) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Subject to sub-section (3), sections 7 and 8 come into operation on a day to be proclaimed.

(3)If sections 7 and 8 do not come into operation before 1 July 2006, they come into operation on that day.

3.Point Nepean National Park

(1)In section 30(1) of the National Parks Act 1975, for "Part 4 of Schedule 2" substitute "Part 44 of Schedule Two".

(2)In section 30(3) of the National Parks Act 1975, for 'marked "E-1" in the plan N.P. 20A/8 referred to in Part 4 of Schedule Two' substitute "shown coloured brown or coloured yellow on the plan numbered N.P. 110 lodged in the Central Plan Office".

4.Insertion of new section 53

After the heading to Part IX of the National Parks Act 1975 insert—

'53.Definition

In this Part—

"Point Nepean Act" means the National Parks (Point Nepean) Act 2005.'.

5.Insertion of new sections 65 to 67

After section 64 of the National Parks Act 1975 insert—

"65.Rights to cease—roads—Point Nepean Act

On the commencement of section 6(1) of the Point Nepean Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 20A/12 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 by any other body and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.

66.Land to become part of park on surrender to Crown

(1)If the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 20A/12 is not surrendered to the Crown before the commencement of section 6(1) of the Point Nepean Act, that land is to be taken to be excluded from the park described in Part 4 of Schedule Two until the title to that land is surrendered to the Crown.

(2)If the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 110 is not surrendered to the Crown before the commencement of section 6(2) of the Point Nepean Act, that land is to be taken to be excluded from the park described in Part 44 of Schedule Two until the title to that land is surrendered to the Crown.

67.Registrar of Titles to make necessary amendments to records

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

6.Amendment of Schedule Two

(1)For Part 4 of Schedule Two to the National Parks Act 1975 substitute—

"PART 4—MORNINGTON PENINSULA NATIONAL PARK

All those pieces or parcels of land containing 2680 hectares, more or less, situate in the Parishes of Fingal, Flinders, Nepean and Wannaeue, County of Mornington, being the land delineated by solid and dashed lines and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 20A/12, excepting any land between high and low water mark forming part of the park described in Part 7 of Schedule Eight.".

(2)After Part 43 of Schedule Two to the National Parks Act 1975 insert—

"PART 44—POINT NEPEAN NATIONAL PARK

All those pieces or parcels of land containing 470 hectares, more or less, situate partly in the Parish of Nepean, County of Mornington, being the land delineated by solid and dashed lines and coloured pink or coloured yellow or coloured brown in the plan lodged in the Central Plan Office and numbered N.P. 110, excepting any land between high and low water mark forming part of the park described in Part 10 of Schedule Seven.".

7.Further amendment in relation to Defence Road

In section 30(3) of the National Parks Act 1975 omit "or coloured yellow".

8.Insertion of new section 58A

After section 58 of the National Parks Act 1975 insert—

"58A.Rights to cease, part of Defence Road—Point Nepean Act

On the coming into operation of section 7 of the Point Nepean Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 110 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 by any other body and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.".

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 21 April 2005

Legislative Council: 21 July 2005

The long title for the Bill for this Act was "to amend the National Parks Act 1975 to make provision in relation to certain land at Point Nepean and on the Mornington Peninsula and for other purposes."