Parks and Crown Land Legislation Amendment Act 2020 (Vic)
Parks and Crown Land Legislation Amendment Act 2020
No. 40 of 2020
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Conservation, Forests and Lands Act 1987
3Parks Victoria land record
4Amendment of the record
5Proceedings for offences
Part 3—Amendment of Crown Land (Reserves) Act 1978
6Section 2 repealed
7Minister may purchase and acquire land
8Licences for purposes other than those for which land is reserved
9Leases for up to 21 years for other purposes
10Obligations of Secretary or Parks Victoria in relation to declared areas
11Section 47E repealed
12Division 3 of Part 6 substituted
13Division 4 of Part 6 repealed
14Section 54 repealed
15Section 58 repealed
16Section 63E repealed
17Section 63F repealed
18Division 6 of Part 6 repealed
19Division 7 of Part 6 repealed
20First Schedule repealed
21Part 1 of Second Schedule repealed
22Part 2 of Second Schedule repealed
23Part 4 of Second Schedule repealed
24Definitions
25Clause 10 of Second Schedule repealed
26Clause 11 of Second Schedule repealed
27Eldorado Historic Reserve
28Bendigo Regional Park
29Macedon Regional Park
30New Divisions 5 and 6 of Part 5 of Fifth Schedule inserted
Part 4—Amendment of Forests Act 1958
31Obligations of Secretary or Parks Victoria in relation to declared areas
32Offence to leave certain campfires or barbeques unattended
33Offences as to having clear areas around certain campfires or barbeques
34Offence as to campfires or barbeques above a certain size
Part 5—Amendment of Land Act 1958
35Section 2 repealed
35ADefinitions
36Definitions
37Section 4 repealed
38Section 24 repealed
39Duties of authorised officers
40Section 56 substituted
41Division 7 of Part I repealed
42Minister or authorized person may grant licences
43Section 140G repealed
44Heading preceding section 150 repealed
45Sections 150 and 151 repealed
46Magistrates' Court may order removal of buildings etc.
47Section 212 repealed
48Section 213 repealed
49Section 401A substituted
50Liability to pay occupation fees after notice
51Effect of cancellation of a licence
52Regulations
53Section 414 repealed
54Section 415 repealed
55Section 416 repealed
56Section 417 repealed
57Section 419 repealed
58First Schedule repealed
59Fourth Schedule repealed
Part 6—Amendment of Mineral Resources (Sustainable Development) Act 1990
60Land not available for exploration, mining and searching
61New clause 4AE of Schedule 3 inserted
Part 7—Amendment of National Parks Act 1975
62Section 2 repealed
63Definitions
64Objects of Act
65National parks and State parks
66Management plans
67Marine national parks and marine sanctuaries
68New Division 1C of Part III inserted
69Other parks
70Management agreements with Trust for Nature
71Obligations of Secretary or Parks Victoria in relation to declared areas
72Section 26 repealed
73Tenancies or licences for certain purposes
74Agreement with electricity company
75Parks Victoria must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area
76Water distribution works authority in relation to certain parks
77Protection of access rights of freeholders in relation to certain parks
78Works under water licences for certain parks
79Authorities to search for minerals in certain parks
80Rehabilitation works—Great Otway National Park
81New section 32T inserted
82Consent to mining leases and licences
83Trades and businesses not to be carried on in parks unless authorised
84Regulations
85New sections 48C and 48D inserted
86Section 50K repealed
87Section 50M repealed
88Section 50O repealed
89Section 53 repealed
90Section 54 repealed
91Sections 63 and 64 repealed
92Section 67 repealed
93Section 68 repealed
94Section 69 repealed
95Section 76 repealed
96Section 77 repealed
97Section 78 repealed
98Section 79 substituted
99Schedule One substituted
100Schedule One AA repealed
101Schedule One AAA repealed
102New clause 13 of Schedule One A inserted
103Part 6—Dandenong Ranges National Park
104Part 9—Hattah–Kulkyne National Park
105Part 15—French Island National Park
106Part 31—Great Otway National Park
107Part 36—Errinundra National Park
108Part 41—Greater Bendigo National Park
109New Part 2 of Schedule Three inserted
110Part 7 of Schedule Three repealed
111Part 7 of Schedule Four repealed
112New Schedule Nine inserted
Part 8—Amendment of Parks Victoria Act 2018
113Functions of Parks Victoria
114Process for making a statement of obligations or amendment or variation
Part 9—Amendment of Wildlife Act 1975
115Obligations of Secretary or Parks Victoria in relation to declared areas
Part 10—Amendment of Zoological Parks and Gardens Act 1995
116New section 33A inserted
Part 11—Repeal of this Act
117Repeal of this Act
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Endnotes
1 General information
Parks and Crown Land Legislation Amendment Act 2020
No. 40 of 2020
[Assented to 1 December 2020]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Conservation, Forests and Lands Act1987 to further provide for amendment of the Parks Victoria land record; and
(b)to amend the Crown Land (Reserves) Act 1978—
(i)to alter or correct the boundaries of several existing parks; and
(ii)to create the Don Valley Education Reserve and Sherwood Reserve; and
(iii)to make miscellaneous amendments; and
(c)to make miscellaneous amendments to the Forests Act 1958; and
(d)to amend the Land Act 1958—
(i)to remove the prohibition on camping on licensed water frontages; and
(ii)to enable regulations to be made for recreational uses of certain land abutting watercourses; and
(iii)to make miscellaneous amendments; and
(e)to amend the Mineral Resources (Sustainable Development) Act 1990 to provide that the Yellingbo Landscape Conservation Area is restricted Crown land; and
(f)to amend the National Parks Act 1975—
(i)to create the Yallock–Bulluk Marine and Coastal Park; and
(ii)to provide for landscape conservation areas and to create the Yellingbo Landscape Conservation Area; and
(iii)to make miscellaneous amendments; and
(g)to amend the Parks Victoria Act 2018 to make further provision as to making, amending or varying statements of obligation; and
(h)to amend the Wildlife Act 1975 as a consequence of the Parks Victoria Act 2018 amendments; and
(i)to amend the Zoological Parks and Gardens Act 1995 to provide for management of certain land consistently with the Yellingbo Landscape Conservation Area.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 September 2021, it comes into operation on that day.
Part 2—Amendment of Conservation, Forests and Lands Act 1987
3Parks Victoria land record
In section 67A(2)(b) of the Conservation, Forests and Lands Act 1987, for "that Act;" substitute "that Act);".
4Amendment of the record
(1)Before section 67C(1) of the Conservation, Forests and Lands Act 1987 insert—
"(1AA)If a description of a reserve in the Fifth Schedule to the Crown Land (Reserves) Act 1978 that is included in the record kept under section 67A is amended by an Act of Parliament, the Secretary must amend the record accordingly.".
(2)In section 67C(1) of the Conservation, Forests and Lands Act 1987, for "The" substitute "Subject to subsection (3), the".
(3)In section 67C(2)(a)(ii) of the Conservation, Forests and Lands Act 1987, before "considered" insert "subject to subsection (2A),".
(4)After section 67C(2) of the Conservation, Forests and Lands Act 1987 insert—
"(2A)If Parks Victoria advises the Parks Victoria Minister that a submission made under subsection (2)(a)(ii) will be the only submission made in respect of the proposed amendment, the Parks Victoria Minister may approve the amendment before the expiry of the 60–day period (or any longer agreed period).".
(5)For section 67C(3) of the Conservation, Forests and Lands Act 1987 substitute—
"(3)The Secretary may amend the record kept under section 67A without the Parks Victoria Minister's approval—
(a)if the amendment is required under subsection (1A); or
(b)to make a minor correction to information in the record; or
(c)to make a minor technical amendment to the record.".
5Proceedings for offences
In section 96(1A) and (2) of the Conservation, Forests and Lands Act 1987, for "proceedings mentioned in subsection (1)" substitute "offence proceedings".
Part 3—Amendment of Crown Land (Reserves) Act 1978
6Section 2 repealed
Section 2 of the Crown Land (Reserves) Act 1978 is repealed.
7Minister may purchase and acquire land
In section 5(3) of the Crown Land (Reserves) Act 1978, for "Youth, Sport and Recreation Act 1972" substitute "Sport and Recreation Act 1972".
8Licences for purposes other than those for which land is reserved
In section 17B(1) of the Crown Land (Reserves) Act 1978 omit "under subsection (3)".
9Leases for up to 21 years for other purposes
(1)In section 17D(1) of the Crown Land (Reserves) Act 1978 omit "under subsection (3)".
(2)In section 17D(7) of the Crown Land (Reserves) Act 1978, for "The responsible Minister must not grant a lease under subsection (1) or (1A) for a stratum of reserved land unless he or she is satisfied that—" substitute "The responsible Minister must not give approval for a lease to be granted under subsection (1), or grant a lease under subsection (1A), for a stratum of reserved land unless the Minister is satisfied that—".
10Obligations of Secretary or Parks Victoria in relation to declared areas
(1)In the heading to section 18D of the Crown Land (Reserves) Act 1978, after "Secretary" insert "or Parks Victoria".
(2)In section 18D(1) of the Crown Land (Reserves) Act 1978, after "The Secretary" insert "or Parks Victoria".
(3)In section 18D(1)(a) and (b) of the Crown Land (Reserves) Act 1978, after "Secretary" insert "or Parks Victoria (as the case requires)".
11Section 47E repealed
Section 47E of the Crown Land (Reserves) Act 1978 is repealed.
12Division 3 of Part 6 substituted
For Division 3 of Part 6 of the Crown Land (Reserves) Act 1978 substitute—
"Division 3—Transitional and miscellaneous provisions—Parks and Crown Land Legislation Amendment Act 2020
48Bendigo Regional Park
(1)On the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2020 the reservations of the land shown hatched and the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./19–278 are revoked.
(2)On the revocation of the reservations of the land shown hatched and the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./19–278—
(a)that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and
(c)any regulations under section 13 are revoked to the extent that they apply to that land.
(3)On the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./19-278, ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed by either the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that land, cease.
49Land to become part of park on surrender to the Crown—Bendigo Regional Park
If the title to the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered LEGL./19–278 is not surrendered to the Crown before the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2020, that land is taken not to be part of the park described in Division 1 of Part 4A of the Fifth Schedule until the title to the land is surrendered to the Crown.
50Land reserved temporarily for aerodrome purposes
(1)On the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the area of land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–277 is temporarily reserved under section 4 for aerodrome purposes; and
(b)the City of Greater Bendigo is taken to be the committee of management of that land under section 14(2).
(2)On the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–277, ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed by either the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that land, cease.
50AMacedon Regional Park—Land not affected by enactment of certain Acts
(1)Section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./06–069, did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–274.
(2)Section 24(3) of the Parks and Crown Land Legislation Amendment Act 2012 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./11–187 did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–274.
(3)Section 5 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 is taken to have been enacted as if the land shown on the plan, lodged in the Central Plan Office and numbered LEGL./14–055 did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–274.
50BEldorado Historic Reserve—Land not affected by enactment of certain Acts
(1)Section 18 of the National Parks (Box–Ironbark and Other Parks) Act 2002 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./02–077 did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–275.
(2)Section 31 of the National Parks (Additions and Other Amendments) Act 2004 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./04–032 did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19–275.".
13Division 4 of Part 6 repealed
Division 4 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed.
14Section 54 repealed
Section 54 of the Crown Land (Reserves) Act 1978 is repealed.
15Section 58 repealed
Section 58 of the Crown Land (Reserves) Act 1978 is repealed.
16Section 63E repealed
Section 63E of the Crown Land (Reserves) Act 1978 is repealed.
17Section 63F repealed
Section 63F of the Crown Land (Reserves) Act 1978 is repealed.
18Division 6 of Part 6 repealed
Division 6 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed.
19Division 7 of Part 6 repealed
Division 7 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed.
20First Schedule repealed
The First Schedule to the Crown Land (Reserves) Act 1978 is repealed.
21Part 1 of Second Schedule repealed
Part 1 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.
22Part 2 of Second Schedule repealed
Part 2 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.
23Part 4 of Second Schedule repealed
Part 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.
24Definitions
In clause 9 of the Second Schedule to the Crown Land (Reserves) Act 1978, the definitions of Canadian Regional Park and Hepburn Regional Park are repealed.
25Clause 10 of Second Schedule repealed
Clause 10 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.
26Clause 11 of Second Schedule repealed
Clause 11 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.
27Eldorado Historic Reserve
In Division 1 of Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./04–032" substitute "LEGL./19–275".
28Bendigo Regional Park
In Division 1 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./06–067B" substitute "LEGL./19–278".
29Macedon Regional Park
In Division 3 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./14–055" substitute "LEGL./19–274".
30New Divisions 5 and 6 of Part 5 of Fifth Schedule inserted
After Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—
"Division 5—Don Valley Education Reserve
Crown Allotments 2102 and 2103, Parish of Yuonga, County of Evelyn.
Purposes of the reservation—
The purposes of education.
The purposes of nature conservation in relation to Crown Allotment 2102.
Division 6—Sherwood Reserve
Crown Allotment 2004, Parish of Gracedale, County of Evelyn.
Purposes of the reservation—
Public purposes.".
Part 4—Amendment of Forests Act 1958
31Obligations of Secretary or Parks Victoria in relation to declared areas
(1)In the heading to section 18C of the Forests Act 1958, after "Secretary" insert "or Parks Victoria".
(2)In section 18C(1) of the Forests Act 1958, for "The Secretary" substitute "The land manager or a committee of management appointed under section 50(3)".
(3)In section 18C(1)(a) and (b) of the Forests Act 1958, for "Secretary" substitute "land manager or the committee of management".
(4)In section 18C(2) of the Forests Act 1958, for "Secretary" substitute "land manager or the committee of management".
32Offence to leave certain campfires or barbeques unattended
(1)In section 66A(1) of the Forests Act 1958, after "regulated fire area" insert "or on any licensed water frontage that is not State forest".
(2)For section 66A(2) of the Forests Act 1958 substitute—
"(2)In this section and in sections 66B and 66C—
licensed water frontage has the same meaning as in the Land Act 1958;
regulated fire area means any State forest, protected public land or national park.".
33Offences as to having clear areas around certain campfires or barbeques
In section 66B(1) and (2) of the Forests Act 1958, after "regulated fire area" insert "or on any licensed water frontage that is not State forest".
34Offence as to campfires or barbeques above a certain size
In section 66C(1) of the Forests Act 1958, after "regulated fire area" insert "or on any licensed water frontage that is not State forest".
Part 5—Amendment of Land Act 1958
35Section 2 repealed
Section 2 of the Land Act 1958 is repealed.
35ADefinitions
In section 2A of the Land Act 1958—
(a)insert the following definitions—
"licensed water frontage means water frontage which is under a licence under Division 8 of Part I or section 138;
municipal council has the same meaning as Council has in the Local Government Act 2020;
Parks Victoria has the same meaning as in the Parks Victoria Act 2018;
regulated watercourse land means Crown land within 200 metres of the bank of a watercourse within the meaning of Part XII which is not any one or more of the following—
(a)under a lease or a residence area right;
(b)vested in trustees or in a municipal council;
(c)placed under the control of a public authority other than the Secretary or Parks Victoria;
(d)land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978;
water frontage means Crown land (including land temporarily or permanently reserved)—
(a)which has a frontage to the sea or a watercourse within the meaning of Part XII; and
(b)which is not under a lease, licence or residence area right; and
(c)which is not reserved as a water reserve along any public road under the Crown Land (Reserves) Act 1978; and
(d)which is not—
(i)vested in trustees or in a municipal council; or
(ii)placed under the control of a public authority other than Parks Victoria; or
(iii)land in respect of which a committee of management has been appointed under the Crown Land (Reserves) Act 1978.";
(b)in the definition of Traditional Owner Land Management Board, for "1987." substitute "1987;".
36Definitions
In section 3(1) of the Land Act 1958—
(a)the definitions of fence, Parks Victoria and water frontage are repealed;
(b)in the definition of unused road, for "400(1);" substitute "400(1).".
37Section 4 repealed
Section 4 of the Land Act 1958 is repealed.
38Section 24 repealed
Section 24 of the Land Act 1958 is repealed.
39Duties of authorised officers
(1)Insert the following heading to section 31 of the Land Act 1958—
"Duties of authorised officers".
(2)In section 31(1)(a) and (b) of the Land Act 1958, for "such lands" substitute "Crown land".
40Section 56 substituted
For section 56 of the Land Act 1958 substitute—
"56 Rent under perpetual lease
(1)Subject to this section, for every successive 10-year period, the rent payable by the perpetual lessee (other than the perpetual lessee of any swamp or reclaimed land) is the amount for each year fixed by the Minister at the start of that 10–year period.
(2)The rent payable by a perpetual lessee for any swamp or reclaimed land is 4 per cent for each year of the value of the land as assessed by the Minister under subsection (3).
(3)For the purposes of subsection (2), the Minister must reassess the value of the land every 10 years.
(4)For the purposes of subsection (3), when any swamp or reclaimed land is being reassessed, any improvements on the land which do not belong to the Crown must not be included in or added to the value of the land.
(5)Despite subsection (2), if the Minister is satisfied that in the circumstances of any particular case a higher or lower rent should be charged during any successive period for the perpetual lease of any swamp or reclaimed land—
(a)the Governor in Council may from time to time by Order published in the Government Gazette increase or decrease the rent for that part of the remainder of that successive period as is specified in the Order; and
(b)the increased or decreased rent is payable from the date of the Order or any later date specified in the Order.
(6)For the purposes of subsection (1), for a perpetual lease to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10–year period applying to that lease immediately before that commencement—
(a)is taken to continue to apply to that lease after that commencement; and
(b)is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.
(7)For the purposes of subsection (2), for any swamp or reclaimed land to which old section 56 applied immediately before the commencement of section 40 of the 2020 amending Act, the 10–year period applying to the assessment of the value of that land immediately before that commencement—
(a)is taken to continue to apply to that land after that commencement; and
(b)is taken to expire at the same time as the period would have expired if section 40 of the 2020 amending Act had not been enacted.
(8)In this section—
old section 56 means section 56 of this Act as in force before the commencement of section 40 of the 2020 amending Act;
2020 amending Act means the Parks and Crown Land Legislation Amendment Act 2020.".
41Division 7 of Part I repealed
Division 7 of Part I of the Land Act 1958 is repealed.
42Minister or authorized person may grant licences
In section 138(1) of the Land Act 1958, for "140A to 151" substitute "140A, 140I and 142".
43Section 140G repealed
Section 140G of the Land Act 1958 is repealed.
44Heading preceding section 150 repealed
The heading preceding section 150 of the Land Act 1958 is repealed.
45Sections 150 and 151 repealed
Sections 150 and 151 of the Land Act 1958 are repealed.
46Magistrates' Court may order removal of buildings etc.
In section 188A(1) of the Land Act 1958—
(a)for "a bailiff of Crown lands" substitute "an authorised officer";
(b)for "the bailiff" substitute "the authorised officer".
47Section 212 repealed
Section 212 of the Land Act 1958 is repealed.
48Section 213 repealed
Section 213 of the Land Act 1958 is repealed.
49Section 401A substituted
For section 401A of the Land Act 1958 substitute—
"401A Right of entry to licensed water frontages for recreational purposes
Subject to regulations made under this Act, any person may enter and remain on a licensed water frontage for recreational purposes.
Note
Licensed water frontage land does not include certain Crown land, including leased Crown land, or freehold land.".
50Liability to pay occupation fees after notice
In section 404(2) of the Land Act 1958 omit "(which shall be a fence of either of the kinds described in paragraphs (b) and (c) of the interpretation of fence in section 3)".
51Effect of cancellation of a licence
In section 406(2)(a) of the Land Act 1958 omit '(which shall be a fence of either of the kinds described in paragraphs (b) and (c) of the interpretation of "fence" in section 3'.
52Regulations
(1)After section 413(1)(k) of the Land Act 1958 insert—
"(ka)the recreational use of regulated watercourse land, unless regulations made under another Act relating to that use apply;
(kb)the management of campfires on regulated watercourse land, except in relation to matters covered by sections 66A, 66B and 66C of the Forests Act 1958;
(kc)the setting aside of areas on regulated watercourse land where specified activities are permitted, restricted or prohibited;".
(2)Section 413(1)(p) of the Land Act 1958 is repealed.
(3)After section 413(4) of the Land Act 1958 insert—
"(5)Regulations made under this Act may—
(a)leave any matter or thing to be decided by a specified person or class of person; and
(b)provide for the exemption of persons or a class of persons from any of the regulations.".
53Section 414 repealed
Section 414 of the Land Act 1958 is repealed.
54Section 415 repealed
Section 415 of the Land Act 1958 is repealed.
55Section 416 repealed
Section 416 of the Land Act 1958 is repealed.
56Section 417 repealed
Section 417 of the Land Act 1958 is repealed.
57Section 419 repealed
Section 419 of the Land Act 1958 is repealed.
58First Schedule repealed
The First Schedule to the Land Act 1958 is repealed.
59Fourth Schedule repealed
The Fourth Schedule to the Land Act 1958 is repealed.
Part 6—Amendment of Mineral Resources (Sustainable Development) Act 1990
60Land not available for exploration, mining and searching
In section 6(3) of the Mineral Resources (Sustainable Development) Act 1990, for "N.P. 105B/3" substitute "N.P. 105B/4".
61New clause 4AE of Schedule 3 inserted
After clause 4AD of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 insert—
"4AE.Any land described in Part 1 of Schedule Nine to the National Parks Act 1975.".
Part 7—Amendment of National Parks Act 1975
62Section 2 repealed
Section 2 of the National Parks Act 1975 is repealed.
63Definitions
In section 3(1) of the National Parks Act 1975—
(a)insert the following definition—
"landscape conservation area means any land that, by reason of section 17E, is a landscape conservation area for the purposes of this Act;";
(b)in the definition of Barwon water supply catchment area, for "N.P. 111C/2, N.P. 111D/2, N.P. 111E/3, N.P. 111F/1 and N.P. 111G/1" substitute "N.P. 111C/3, N.P. 111D/3, N.P. 111E/5, N.P. 111F/2 and N.P. 111G/2";
(c)in the definition of park, after "marine sanctuary" insert ", landscape conservation area".
64Objects of Act
After section 4(ab) of the National Parks Act 1975 insert—
"(ac)to make provision in respect of landscape conservation areas for the protection, enhancement and management of those areas as part of a fragmented natural landscape for the purposes of nature conservation;".
65National parks and State parks
In section 17(5) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria".
66Management plans
In section 17B(3) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria".
67Marine national parks and marine sanctuaries
In section 17D(5) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria".
68New Division 1C of Part III inserted
After Division 1B of Part III of the National Parks Act 1975 insert—
"Division 1C—Landscape conservation areas
17ELandscape conservation areas
(1)Each area of land described in a part of Schedule Nine is, for the purposes of this Act, a landscape conservation area under the name specified in that part.
(2)A landscape conservation area may comprise any of the following—
(a)nature conservation areas;
(b)community use and education areas;
(c)natural features areas.
(3)A landscape conservation area must be managed for the following purposes—
(a)for any part that is a nature conservation area, for the purposes of—
(i)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and
(ii)protecting cultural heritage; and
(iii)if consistent with the purposes in subparagraphs (i) and (ii), providing opportunities for recreation, education and scientific study;
(b)for any part that is for a community use and education area, for the purposes of—
(i)providing for community use, education and scientific study; and
(ii)as is appropriate to the particular area—
(A)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and
(B)maintaining or restoring natural surroundings and the character and quality of the landscape; and
(C)protecting cultural heritage;
(c)for any part that is a natural features area, for the purposes of—
(i)conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and
(ii)protecting and restoring areas with indigenous vegetation or habitat; and
(iii)protecting scenic features and the character and quality of the landscape; and
(iv)protecting water quality where appropriate; and
(v)protecting cultural heritage; and
(vi)if consistent with the purposes in subparagraphs (i), (ii), (iii), (iv) and (v), providing opportunities for recreation, education and scientific study.
17FManagement and control of landscape conservation areas by Parks Victoria
Subject to any agreement entered into under section 16A(1), Parks Victoria has the control and management of each landscape conservation area and must—
(a)ensure that each landscape conservation area is controlled and managed in accordance with the objects of this Act in a manner that—
(i)achieves the purposes set out in section 17E(3) for each area type that comprises the landscape conservation area; and
(ii)eradicates or controls exotic flora and fauna in the landscape conservation area; and
(b)consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each landscape conservation area from injury by fire; and
(c)prepare a plan of management in respect of each landscape conservation area, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.".
69Other parks
In section 18(4) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria".
70Management agreements with Trust for Nature
In section 19A(3) of the National Parks Act 1975, for "or Schedule Three" substitute ", Schedule Three or Schedule Nine".
71Obligations of Secretary or Parks Victoria in relation to declared areas
(1)In the heading to section 20B of the National Parks Act 1975, after "Secretary" insert "or Parks Victoria".
(2)In section 20B(1) of the National Parks Act 1975, after "The Secretary" insert "or Parks Victoria".
(3)In section 20B(1)(a) and (b) of the National Parks Act 1975, after "Secretary" insert "orParks Victoria (as the case requires)".
72Section 26 repealed
Section 26 of the National Parks Act 1975 is repealed.
73Tenancies or licences for certain purposes
In section 26A of the National Parks Act 1975, for "or Schedule Three" substitute ", Schedule Three or Schedule Nine".
74Agreement with electricity company
In section 27A(1) of the National Parks Act 1975, after "State park" insert ", landscape conservation area".
75Parks Victoria must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area
(1)In the heading to section 27BB of the National Parks Act 1975, for "Secretary" substitute "Parks Victoria".
(2)In section 27BB of the National Parks Act 1975, for "The Secretary" substitute "Parks Victoria".
76Water distribution works authority in relation to certain parks
In section 30G(1) of the National Parks Act 1975, for "or Part 8 of Schedule Four" substitute ", Part 8 of Schedule Four or Part 1 of Schedule Nine".
77Protection of access rights of freeholders in relation to certain parks
In section 30I(4) of the National Parks Act 1975—
(a)in paragraph (a), after "Part 31," insert "Part34,";
(b)in paragraph (ba), for "Part 1 or Part 12" substitute "Part 1, Part 12 or Part 15";
(c)in paragraph (c), for "Four." substitute "Four;";
(d)after paragraph (c) insert—
"(d)Part 1 of Schedule Nine.".
78Works under water licences for certain parks
In section 30M of the National Parks Act 1975—
(a)for "or Part 11" substitute ", Part 11";
(b)after "Three" insert "or Part 1 of Schedule Nine".
79Authorities to search for minerals in certain parks
(1)In section 32D(1)(a)(iv) of the National Parks Act 1975, for "Four—" substitute "Four;".
(2)After section 32D(1)(a)(iv) of the National Parks Act 1975 insert—
"(v)an area included in Division 2 of Part 1 of Schedule Nine—".
80Rehabilitation works—Great Otway National Park
In section 32S(3) of the National Parks Act 1975, in the definition of relevant land, for "N.P. 111E/4" substitute "N.P. 111E/5".
81New section 32T inserted
After section 32S of the National Parks Act 1975 insert—
"32T Access rights—Yallock–Bulluk Marine and Coastal Park
(1)For the purpose of carrying out duties or obligations or exercising rights under any Desalination Project arrangement, AquaSure, any contractor of Aquasure or any person determined by the Minister may—
(a)enter Yallock–Bulluk Marine and Coastal Park; and
(b)install, maintain, operate, alter or remove any works in Yallock–Bulluk Marine and Coastal Park that are necessary or desirable to carry out those duties or obligations or exercise those rights; and
(c)carry out any other actions in Yallock–Bulluk Marine and Coastal Park that are necessary or desirable to carry out those duties or obligations or exercise those rights.
(2)A determination of the Minister under subsection (1) must—
(a)be in writing; and
(b)published in the Government Gazette.
(3)A person carrying out duties or obligations or exercising rights under any Desalination Project arrangement is not subject to any regulations made under this Act to the extent that the duties or obligations or rights authorised by the Desalination Project arrangement are inconsistent with the regulations.
(4)In this section—
AquaSure means AquaSure Pty Ltd (ACN 135 956 393);
Deed means the Victorian Desalination Project Project Deed, dated 30 July 2009, between the State of Victoria and AquaSure (as amended from time to time);
Desalination Project means the Desalination Project—
(a)as defined—
(i)in the Nomination Order made under the Project Development and Construction Management Act 1994 and published in the Government Gazette on 18 December 2007; or
(ii)in the Order referred to in subparagraph (i) as amended; or
(b)as further defined in any subsequent Nomination Order made under the Project Development and Construction Management Act 1994;
Desalination Project arrangement means any of the following—
(a)a relevant EPA licence;
(b)the Deed;
(c)any document conferring duties or obligations or rights made under the Deed;
(d)any document conferring duties or obligations or rights made under another Act with respect to the Desalination Project;
old section 20 of the EPA means section 20 of the Environment Protection Act 1970 as in force on or after 10 December 2017 until its repeal;
relevant EPA licence means—
(a)the licence issued to AquaSure on 10 December 2017 under old section 20 of the EPA; and
(b)any other licence or authority issued to AquaSure or any person determined by the Minister under subsection (1), for the purposes of the Desalination Project, issued under—
(i)old section 20 of the EPA; or
(ii)any subsequent corresponding provision to old section 20 of the EPA;
Yallock-Bulluk Marine and Coastal Park means the land described in Part 2 of Schedule Three.".
82Consent to mining leases and licences
(1)In section 40(1AA)(e) of the National Parks Act 1975, for "N.P. 111E" substitute "N.P.111E/5".
(2)In section 40(1C) of the National Parks Act 1975, for "N.P. 105B/3" substitute "N.P.105B/4".
(3)After section 40(7) of the National Parks Act 1975 insert—
"(8)This section does not apply to any area of land described in Part 1 of Schedule Nine.".
83Trades and businesses not to be carried on in parks unless authorised
In section 43(2) of the National Parks Act 1975—
(a)in paragraph (a)(i) and (iv)—
(i)before "Part 1" insert "Part 2 of Schedule 3 or";
(ii)for "4, 5, or 7" substitute "4 or 5";
(b)in paragraph (a)(vi), for "Part 1, 2 or 7 of Schedule Four" substitute "Part 2 of Schedule Three or Part 1 or 2 of Schedule Four";
(c)in paragraph (b)—
(i)for "the park" substitute "a park";
(ii)after "Four" insert "or Part 1 of Schedule Nine".
84Regulations
(1)For section 48(1)(a) of the National Parks Act 1975 substitute—
"(a)preserving and protecting parks or any matter or thing in any park or a feature of any park;".
(2)Section 48(1)(b) and (c) of the National Parks Act 1975 are repealed.
(3)In section 48(1)(f) of the National Parks Act 1975, after "17D" insert ", 17E, 17F".
85New sections 48C and 48D inserted
After section 48B of the National Parks Act 1975 insert—
"48C Transitional provisions
Schedule One has effect.
48DSchedule One A has effect
Schedule One A has effect.".
86Section 50K repealed
Section 50K of the National Parks Act 1975 is repealed.
87Section 50M repealed
Section 50M of the National Parks Act 1975 is repealed.
88Section 50O repealed
Section 50O of the National Parks Act 1975 is repealed.
89Section 53 repealed
Section 53 of the National Parks Act 1975 is repealed.
90Section 54 repealed
Section 54 of the National Parks Act 1975 is repealed.
91Sections 63 and 64 repealed
Sections 63 and 64 of the National Parks Act 1975 are repealed.
92Section 67 repealed
Section 67 of the National Parks Act 1975 is repealed.
93Section 68 repealed
Section 68 of the National Parks Act 1975 is repealed.
94Section 69 repealed
Section 69 of the National Parks Act 1975 is repealed.
95Section 76 repealed
Section 76 of the National Parks Act 1975 is repealed.
96Section 77 repealed
Section 77 of the National Parks Act 1975 is repealed.
97Section 78 repealed
Section 78 of the National Parks Act 1975 is repealed.
98Section 79 substituted
For section 79 of the National Parks Act 1975 substitute—
"79 Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2020
If any rights over the land held under the Mines (Aluminium Agreement) Act 1961 and shown delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 111E/5 are not surrendered to the Crown before the commencement of section 98 of the Parks and Crown Land Legislation Amendment Act 2020, that land is taken to be excluded from the park described in Part 31 of Schedule Two until those rights are surrendered to the Crown.".
99Schedule One substituted
For Schedule One to the National Parks Act 1975 substitute—
"Schedule One—Transitional provisions
Part 1—Transitional provisions—Parks and Crown Land Legislation Amendment Act 2020
1Certain leases, licences and other agreements with AquaSure Pty Ltd not affected by this Act
(1)Despite the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the AquaSure lease continues in force on and after that commencement and may be dealt with as a lease under Subdivision 1 of Division 9 of Part I and section 137AA(4) of the Land Act 1958; and
(b)Subdivision 1 of Division 9 of Part I and section 137AA(4) of the Land Act 1958 continue to apply to the granting of leases over Crown Allotments 2015 and 2016, Parish of Wonthaggi.
(2)The amendments made to this Act by section 109 of the Parks and Crown Land Legislation Amendment Act 2020 are not to be taken to affect any Desalination Project arrangement as in force immediately before the commencement of that section.
(3)In this clause—
AquaSure has the same meaning as in section 32T;
AquaSure lease means the lease granted under section 134 of the Land Act 1958 to AquaSure with a commencement date of 13 December 2012 over Crown Allotments 2015 and 2016, Parish of Wonthaggi;
Desalination Project arrangement has the same meaning as in section 32T.
2Rights to cease—roads—Yallock–Bulluk Marine and Coastal Park
On the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 122 ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease.
3Land to become part of park on surrender to the Crown—Yallock–Bulluk Marine and Coastal Park
If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 122 is not surrendered to the Crown before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020, that land is taken not to be part of the park described in Part 2 of Schedule Three until the title to the land is surrendered to the Crown.
4Certain licences and permissions not affected by this Act
(1)The amendments made to this Act by section 109 of the Parks and Crown Land Legislation Amendment Act 2020 are not to be taken to affect the licence—
(a)issued on 19 January 2017 to South Gippsland Region Water Corporation under old section 20 of the EPA; and
(b)as in force immediately before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2020.
(2)In this clause—
old section 20 of the EPA has the same meaning as in section 32T;
South Gippsland Region Water Corporation means the South Gippsland Region Water Corporation established under section 85 of the Water Act 1989.
5Revocation of reservations—Yellingbo Landscape Conservation Area
(1)On the commencement of section 112 of the Parks and Crown Land Legislation Amendment Act 2020 the reservation of land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C is revoked.
(2)On the revocation of the reservation of the land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C—
(a)that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(b)any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.
6Rights to cease—roads—Yellingbo Landscape Conservation Area
On the commencement of section 112 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow or coloured green on the plans lodged in the Central Plan Office and numbered N.P. 123C, N.P. 123D, N.P. 123E and N.P. 123F ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on those plans, cease.
7Revocation of reserved forest—Errinundra National Park
On the commencement of section 107 of the Parks and Crown Land Legislation Amendment Act 2020 the land shown coloured green on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases to be reserved forest.
8Rights to cease—roads—Errinundra National Park
On the commencement of section 107 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease.
9Rights to cease—roads—Dandenong Ranges National Park
On the commencement of section 103 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 86/6 ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease.
10Land to become part of park on surrender to the Crown—Dandenong Ranges National Park
If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 86/6 is not surrendered to the Crown before the commencement of section 103 of the Parks and Crown Land Legislation Amendment Act 2020, that land is taken not to be part of the park described in Part 6 of Schedule Two until the title to the land is surrendered to the Crown.
11Rights to cease—roads—Greater Bendigo National Park
On the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020—
(a)the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 105B/4 ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease.
12Land to become part of park on surrender to the Crown—Greater Bendigo National Park
If the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 105B/4 is not surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020, that land is taken not to be part of the park described in Part 41 of Schedule Two until the title to the land is surrendered to the Crown.
13Land surrendered to form part of Greater Bendigo National Park—correction of land description
(1)Section 12(5) of the National Parks (Box–Ironbark and Other Parks) Act 2002 is taken to have been enacted as if the land shown coloured grey on the plan lodged in the Central Plan Office and numbered N.P. 105B did not include land comprising Crown Allotment 11, Section 9, Parish of Mandurang.
(2)Section 19(9) of the National Parks (Additions and Other Amendments) Act 2004 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/1 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.
(3)Section 10 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/2 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.
(4)Section 36 of the Parks and Crown Land Legislation Amendment Act 2017 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/3 did not include the land comprising Crown Allotment 11, Section 9, Parish of Mandurang.
(5)If the title to the land comprising Crown Allotment 11, Section 9, Parish of Mandurang is surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2020, that land becomes part of the park on the commencement of that section.".
100Schedule One AA repealed
Schedule One AA to the National Parks Act 1975 is repealed.
101Schedule One AAA repealed
Schedule One AAA to the National Parks Act 1975 is repealed.
102New clause 13 of Schedule One A inserted
After clause 12 of Schedule One A to the National Parks Act 1975 insert—
"13 Native title not affected by the Parks and Crown Land Legislation Amendment Act 2020
(1)The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2020 are not intended to affect native title rights and interests.
(2)Subclause (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.".
103Part 6—Dandenong Ranges National Park
In Part 6 of Schedule Two to the National Parks Act 1975—
(a)after "yellow" insert "or coloured blue";
(b)for "N.P. 86/5" substitute "N.P. 86/6".
104Part 9—Hattah–Kulkyne National Park
In Part 9 of Schedule Two to the National Parks Act 1975—
(a)for "49 975" substitute "49 890";
(b)for "N.P. 6/2" substitute "N.P. 6/3".
105Part 15—French Island National Park
In Part 15 of Schedule Two to the National Parks Act 1975—
(a)for "11 160" substitute "11 155";
(b)for "N.P. 83/6" substitute "N.P. 83/7".
106Part 31—Great Otway National Park
In Part 31 of Schedule Two to the National Parks Act 1975—
(a)for "110 420" substitute "110 555";
(b)for "N.P. 111E/4" substitute "N.P. 111E/5".
107Part 36—Errinundra National Park
In Part 36 of Schedule Two to the National Parks Act 1975—
(a)for "39 870" substitute "43 090";
(b)for "N.P. 92/2" substitute "N.P. 92/3".
108Part 41—Greater Bendigo National Park
In Part 41 of Schedule Two to the National Parks Act 1975—
(a)for "17 585" substitute "17 615";
(b)for "N.P. 105B/3" substitute "N.P. 105B/4".
109New Part 2 of Schedule Three inserted
After Part 1A of Schedule Three to the National Parks Act 1975 insert—
"Part 2—Yallock–Bulluk Marine and Coastal Park
All those pieces and parcels of land containing 3535 hectares, more or less, situated partly in the Parishes of Kirrak, Wonthaggi and Woolamai, Counties of Buln Buln and Mornington, being the land delineated and coloured pink or coloured yellow or coloured blue in the plan lodged in the Central Plan Office and numbered N.P. 122 excepting any land between high water mark and 1000 metres seawards of high water mark forming part of the park described in Part 1 of Schedule Seven.".
110Part 7 of Schedule Three repealed
Part 7 of Schedule Three to the National Parks Act 1975 is repealed.
111Part 7 of Schedule Four repealed
Part 7 of Schedule Four to the National Parks Act 1975 is repealed.
112New Schedule Nine inserted
After Schedule Eight to the National Parks Act 1975 insert—
"Schedule Nine—Landscape conservation areas
Part 1—Yellingbo Landscape Conservation Area
All those pieces and parcels of land containing 1790 hectares, more or less, situated in the Parishes of Beenak, Gembrook, Gracedale, Gruyere, Nangana, Wandin Yallock, Woori Yallock and Yuonga, County of Evelyn, being the land delineated and coloured pink or coloured grey or coloured yellow or coloured green in the plans lodged in the Central Plan Office and numbered N.P. 123A, N.P. 123B, N.P. 123C, N.P. 123D, N.P. 123E and N.P. 123F.
Division 1—Nature Conservation Area
Subdivision 1—Beenak Nature Conservation Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured grey or coloured green in the plan lodged in the Central Plan Office and numbered N.P. 123E.
Subdivision 2—Hoddles Creek Nature Conservation Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123E.
Subdivision 3—Sheep Station Creek Nature Conservation Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123D.
Subdivision 4—Warramate Hills Nature Conservation Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink in the plan lodged in the Central Plan Office and numbered N.P. 123A.
Subdivision 5—Yellingbo Nature Conservation Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123C.
Division 2—Natural Features Area
Subdivision 1—Wright Forest Bushland Area
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123F.
Division 3—Community Use Area—Education Area
Subdivision 1—Haining Farm
The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink in the plan lodged in the Central Plan Office and numbered N.P. 123B.".
Part 8—Amendment of Parks Victoria Act 2018
113Functions of Parks Victoria
In section 8(1)(i) of the Parks Victoria Act 2018, before "act" insert "to".
114Process for making a statement of obligations or amendment or variation
After section 33(2) of the Parks Victoria Act 2018 insert—
"(3)If Parks Victoria advises the Minister that a submission made under subsection (1)(b) will be the only submission made in respect of the proposal, the Minister may make, amend or vary the statement of obligations before the expiry of the 28–day period or any longer period under that subsection.".
Part 9—Amendment of Wildlife Act 1975
115Obligations of Secretary or Parks Victoria in relation to declared areas
(1)In the heading to section 14B of the Wildlife Act 1975, after "Secretary" insert "or Parks Victoria".
(2)In section 14B(1) of the Wildlife Act 1975, for "The Secretary" substitute "The land manager".
(3)In section 14B(1)(a) and (b) of the Wildlife Act 1975, for "Secretary" substitute "land manager or the committee of management".
(4)In section 14B(2) of the Wildlife Act 1975, for "Secretary" substitute "land manager or the committee of management".
Part 10—Amendment of Zoological Parks and Gardens Act 1995
116New section 33A inserted
After section 33 of the Zoological Parks and Gardens Act 1995 insert—
"33A Management of certain land at Healesville
(1)Despite anything to the contrary in this Act, the Board must manage the Yellingbo land in accordance with the purposes set out in section 17E(3)(a) of the National Parks Act 1975.
(2)In this section—
Yellingbo land means that part of the land shown on the plan in Part 3 of Schedule 1 that is shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./19–280.".
Part 11—Repeal of this Act
117Repeal of this Act
This Act is repealed on 1 September 2022.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up–to–date legislative information.
Minister's second reading speech—
Legislative Assembly: 13 November 2019
Legislative Council: 28 November 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the Mineral Resources (Sustainable Development) Act 1990, the National Parks Act 1975, the Parks Victoria Act 2018, the Wildlife Act 1975 and the Zoological Parks and Gardens Act 1995 and for other purposes."
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