Untitled document

National Parks (Amendment) Act 1997

Act No. 7/1997

TABLE OF PROVISIONS

Section	Page
PART 1PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2

PART 2MISCELLANEOUS AMENDMENTS TO THE

PRINCIPAL ACT 3

4.	Extraction of forest produce	3
5.	Repeal of spent sections	3
6.	Cessation of grazing—Wilson's Promontory National Park	3
7.	Insertion of new section 32CA	3
32CA. Arthurs Seat chairlift lease	3
8.	Fossicking in Cape Liptrap Coastal Park	4
9.	Insertion of new section 32FAA	4
32FAA. Protection of access rights of freeholders in Cathedral

Range State Park 4

10. Insertion of new section 35A 5

35A. Power of Director to delegate 5

11.	Use of firearms in parks—hunting	5
12.	Evidence	6
13.	Regulations	6

PART 3NEW AND ALTERED PARKS 8

14.	Insertion of new Parts in Schedule Two—National Parks	8
PART 7LAKE EILDON NATIONAL PARK	8
PART 15FRENCH ISLAND NATIONAL PARK	8
PART 30—CHILTERN BOX-IRONBARK NATIONAL

PARK 9

i

Section Page

15.	Insertion of new Parts in Schedule Three—Other Parks	9
PART 1ABAY OF ISLANDS COASTAL PARK	10
PART 2ACAPE CONRAN COASTAL PARK	10
PART 15CAPE LIPTRAP COASTAL PARK	11
16.	Altered Parts in Schedule Two—National Parks	11
17.	Altered Parts in Schedule Two B—State Parks	14
18.	Altered Parts in Schedule Three—Other Parks	18
19.	Cessation of rights	19
20.	Cessation of rights—Lerderderg State Park	20
21.	Insertion of new section to follow section 30E	20
30F. Access rights—French Island National Park	20
22.	Access rights—French Island	21
23.	Land to become part of park on surrender to the Crown	21

PART 4CREATION OF ADA TALL TREES RESERVE 23

24. Ada Tall Trees Reserve 23

PART 5—AMENDMENT OF NATIONAL PARKS (ALPINE

NATIONAL PARK) ACT 24

25.      Amendment of National Parks (Alpine National Park) Act

1989 24

__________________

SCHEDULE—Ada tall trees reserve 25

═══════════════

NOTES 26

ii

Victoria

No. 7 of 1997

National Parks (Amendment) Act 1997†

[Assented to 22 April 1997]

The Parliament of Victoria enacts as follows:

PART 1PRELIMINARY

1. Purpose

The main purposes of this Act are—

(a) to amend the National Parks Act 1975 so as

to

(i)  create three National Parks and three Coastal Parks; and

(ii)  alter several existing National, State and Other Parks; and

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 2

(iii)  make provision for delegation powers for the Director of National Parks; and

(iv)  make various other amendments to the Act; and

(b)	to create the Ada Tall Trees Reserve under the Crown Land (Reserves) Act 1978; and
(c)	to amend the National Parks (Alpine National Park) Act 1989; and

(d) to make other related provisions.

2. Commencement

(1) This Part comes into operation on the day on which this Act receives the Royal Assent.

(2) Section 14(3) comes into operation 2 years after

the day on which section 14(2) comes into
operation.

(3) Section 20 is deemed to have come into operation on 20 June 1996.

(4) Section 25 is deemed to have come into operation on the day on which the National Parks (Alpine National Park) Act 1989 received the Royal

Assent.

(5) Subject to sub-section (6), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(6) If a provision referred to in sub-section (5) does

not come into operation before 31 January 1998, it
comes into operation on that day.

3. Principal Act

No. 8702.

In this Act the National Parks Act 1975 is called	Reprinted to
the Principal Act.	No. 92/1995.

__________________
National Parks (Amendment) Act 1997

s. 4 Act No. 7/1997

PART 2MISCELLANEOUS AMENDMENTS TO THE

PRINCIPAL ACT

4. Extraction of forest produce

In section 25B(1) of the Principal Act—

(a) for "3, 10," substitute "3,"; and

(b) omit "2 or"; and

(c) after "part 37 of Schedule Two," insert "or the harvesting of a pine plantation is authorised by part 7 of Schedule Two or the taking of firewood is authorised by part 30 of Schedule Two,".

5. Repeal of spent sections

Sections 27A, 27B and 27C of the Principal Act are repealed.

6.  Cessation of grazing—Wilson's Promontory National Park

Sub-sections (2), (3) and (4) of section 29 of the

Principal Act are repealed.

7. Insertion of new section 32CA

After section 32C of the Principal Act insert

"32CA. Arthurs Seat chairlift lease

(1) The addition of land to part 2 of Schedule

Two B by section 17(2) of the National Parks (Amendment) Act 1997 does not affect—

(a) the continuity of the lease between the State of Victoria and Alena Marie Hajek over Allotments 8, 9, 10 and 11 of Section D in the Township of Dromana, Parish of Kangerong, County

National Parks (Amendment) Act 1997

Act No. 7/1997	s. 8
of Mornington dated 1 February 1979; or

(b) any dealing in that land under that lease before the commencement of that section.

(2) The lease referred to in sub-section (1)

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

(3) Upon the expiration of the lease referred to

in sub-section (1), the Minister is
empowered to grant a tenancy of the land
described in part 2 of Schedule Two B which
is being or has, at any time, been used for the
purposes of a chairlift or land which is in the
vicinity of such land.

(4) A tenancy under sub-section (3)

(a) must be granted in writing; and

(b)	must be for a term of not more than 20 years; and
(c)	is subject to the rent and any other charges and terms and conditions determined by the Minister.".

8. Fossicking in Cape Liptrap Coastal Park

In section 32D(1)(a) of the Principal Act, for

"Parts 1 and 13" substitute "parts 1, 13 and 15".

9. Insertion of new section 32FAA

After section 32F of the Principal Act insert—

'32FAA. Protection of access rights of freeholders in

Cathedral Range State Park

(1) The Minister may grant to a person who

holds a fee simple in land abutting or
surrounded by the park any rights of access

National Parks (Amendment) Act 1997

s. 10 Act No. 7/1997

over the park to that land, which are, in the
Minister's opinion, reasonable.

(2) A right of access under sub-section (1) is

subject to any terms and conditions
determined by the Minister.

(3) For the purpose of allowing a person to exercise a right under sub-section (1), the regulation affecting the park.

(4) In this section "park" means the land referred to in part 8 of Schedule Two B.'.

10. Insertion of new section 35A

After section 35 of the Principal Act insert—

"35A. Power of Director to delegate

The Director may, in writing, delegate to—

(a)

any officer or employee under the or

(b) any authorised officer appointed under this Act—

all or any of the Director's powers under
section 9(2), 20(1)(b), 20(2), 21(1)(a), (b), or

(c), 21(3) or 32D(2)(a).".

11. Use of firearms in parks—hunting

(1) In section 37 (2) of the Principal Act—

(a)	after "or parts" (where secondly occurring) insert "2A,"; and
(b)	after "of Schedule Three" insert "or parts 4 and 5 of Schedule Four".

(2) In section 37 (3) of the Principal Act—

(a) for "part 8" substitute "parts 7 and 8"; and

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 12

(b) for "part 10 of Schedule Two B" substitute "parts 4 and 5 of Schedule Four".

(3) In section 37(6) of the Principal Act—

(a) for "part 8" substitute "parts 7 and 8"; and (b) for "parts 3" substitute "parts 2A, 3"; and

(c) after "Schedule Three" insert "and parts 4 and 5 of Schedule Four".

12. Evidence

(1) In section 47 of the Principal Act, before "In proceedings" insert "(1)".

(2) At the end of section 47 insert—

"(2) In proceedings for an offence against this

Act or the regulations, a statement in writing purporting to be signed by the Director to the effect that—

(a)	an area has or has not been set aside by the Director under this Act or the regulations; or
(b)	a determination has or has not been made by the Director under this Act or the regulations—

is evidence, and, in the absence of evidence to the contrary, is proof of the facts stated in it.".

13. Regulations

(1) In section 48(2) of the Principal Act, for

paragraph (c) substitute—

"(c) may confer a discretionary authority or

impose a duty on a specified person or body
or a specified class of persons or bodies;
and".

National Parks (Amendment) Act 1997

s. 13 Act No. 7/1997

(2) In section 48(3) of the Principal Act, for "the

Minister or Director" substitute "any specified person or body or specified class of persons or bodies".

_______________
National Parks (Amendment) Act 1997

Act No. 7/1997 s. 14

PART 3NEW AND ALTERED PARKS

14.  Insertion of new Parts in Schedule Two—National Parks

(1) In Schedule Two to the Principal Act, for Part 7

substitute

"PART 7LAKE EILDON NATIONAL PARK

All those pieces and parcels of land Despite the declaration of the land as a park, and subject to section 25B, timber harvesting of the pine plantation on allotment 7, Parish of Howqua West may be carried out.".

containing 27 750 hectares, more or less,
situate in the Parishes of Banyarmbite,
Darlingford, Eildon, Howqua West,
Jamieson, Lodge Park, Thornton and
Wappan, Counties of Anglesey and
Wonnangatta, being the land delineated and
coloured pink excepting therefrom the roads
shown as excluded in the plans lodged in the
Central Plan Office of the Office of Surveyor

(2) In Schedule Two to the Principal Act, after Part

14 insert

"PART 15FRENCH ISLAND NATIONAL

PARK

All those pieces or parcels of land containing Mornington, being the land delineated and coloured pink or yellow excepting therefrom the roads shown as excluded also excepting therefrom land cross-hatched in the plan

10 925 hectares, more or less, situate in the

National Parks (Amendment) Act 1997

s. 14

s. 15 Act No. 7/1997

lodged in the Central Plan Office of the N.P. 83/1 and also including the land 150 metres seaward from the mean high water mark of the land coloured pink on the plan.".

(3) In Part 15 of Schedule Two to the Principal Act—

(a) for "10 925" substitute "11 100"; and

(b) omit "also excepting therefrom land cross- hatched".

(4) In Schedule Two to the Principal Act, after Part

29 insert—

"PART 30—CHILTERN BOX-IRONBARK

NATIONAL PARK

All those pieces and parcels of land may be taken during the period of 12 months after the day on which the area becomes a national park.".

containing 4320 hectares, more or less,
situate in the Parishes of Barnawatha South,
Chiltern, Chiltern West and Wooragee
North, County of Bogong, being land
delineated and bordered red or green
excepting therefrom the roads shown as
excluded also excepting therefrom the land
bordered blue in the plan lodged in the
Central Plan Office of the Office of Surveyor
General and numbered N.P. 42/3.
Despite the declaration of this land as a park,
the following activities may be carried out
subject to section 25B and the following
conditions:

15.  Insertion of new Parts in Schedule Three—Other Parks

National Parks (Amendment) Act 1997

Act No. 7/1997

(1) In Schedule Three to the Principal Act, after Part

1 insert

"PART 1ABAY OF ISLANDS COASTAL

PARK

All those pieces and parcels of land containing 950 hectares, more or less, situate in the Parishes of Mepunga, Nirranda and Narrawaturk, County of Heytesbury, being the land delineated and bordered red excepting therefrom the roads shown as excluded in the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered N.P. 101.".

(2) In Schedule Three to the Principal Act, after Part

2 insert

"PART 2ACAPE CONRAN COASTAL PARK

All those pieces and parcels of land containing 11 700 hectares, more or less, situate in the Parishes of Bemm, Jilwain, Tabbara and Yarak, County of Croajingolong, being the land delineated and bordered red or coloured yellow excepting therefrom the roads shown as excluded in the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered N.P. 103.".

(3) In Schedule Three to the Principal Act, after Part

14 insert

National Parks (Amendment) Act 1997

s. 16 Act No. 7/1997

"PART 15CAPE LIPTRAP COASTAL PARK

All those pieces and parcels of land containing 4175 hectares, more or less, situate in the Parishes of Tarwin, Tarwin South, Waratah and Waratah North, County of Buln Buln, being the land delineated and coloured pink or green excepting therefrom the roads shown as excluded in the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered N.P. 104.".

16. Altered Parts in Schedule Two—National Parks

(1) In Part 6 of Schedule Two to the Principal Act

(a)	for "1920 hectares" substitute "3215 hectares"; and
(b)	for "County of Mornington" substitute "Counties of Evelyn and Mornington"; and
(c)	for "bordered red or bordered green and excepting therefrom the land delineated and bordered blue" substitute "bordered black and, within that border, coloured grey or shown hatched"; and
(d)	for "in a plan" substitute "in plans lodged"; and
(e)	for "Department of Property and Services" substitute "Office of Surveyor General"; and
(f)	for "N.P. 86/1" substitute "N.P. 86/2 and N.P. 86A".

(2) In Part 13 of Schedule Two to the Principal Act

(a) for "1320 square kilometres" substitute "132 647 hectares"; and

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 16

(b)	after "bordered red" insert "or coloured yellow"; and
(c)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(d) for "N.P. 9/2" substitute "N.P. 9/3".

(3) In Part 20 of Schedule Two to the Principal Act

(a)	for "85 hectares" substitute "121 hectares"; and
(b)	for "coloured red" substitute "coloured pink"; and
(c)	omit "prepared by the Surveyor-General"; and
(d)

for "Department of Crown Lands and General"; and

(e) for "N.P. 15/1" substitute "N.P. 15/2".

(4) In Part 21 of Schedule Two to the Principal Act

(a)

for "Department of Crown Lands and General"; and

(b)

after "N.P. 16/1." insert "Also excepted area shown hatched on a plan lodged in the Central Plan Office of the Office of Surveyor General and numbered N.P. 16A.".

(5) In Part 25 of Schedule Two to the Principal Act—

(a) for "3568 square kilometres" substitute "357 017 hectares"; and

(b) for "a plan" substitute "plans"; and

(c) omit "prepared by the Surveyor-General"; and

National Parks (Amendment) Act 1997

s. 16 Act No. 7/1997

(d)

for "Department of Crown Lands and General"; and

(e) after "N.P. 19/3" insert "and N.P. 19A".

(6) In Part 27 of Schedule Two to the Principal Act

(a)	for "133 square kilometres" substitute "13 530 hectares"; and
(b)	for "stippled grey" substitute "bordered red or green"; and
(c)	omit "prepared by the Surveyor-General"; and
(d)

for "Department of Crown Lands and General"; and

(e) for "N.P. 29" substitute "N.P. 29/1".

(7) In Part 28 of Schedule Two to the Principal Act—

(a)	for "Department of Property and Services" substitute "Office of Surveyor General"; and
(b)	after "N P 30/3" insert ", also including the Skerries and Tullaberga Island to low water mark".

(8) In Part 34 of Schedule Two to the Principal Act

(a)	for "or bordered green" substitute "or coloured yellow"; and
(b)	for "Department of Property and Services" substitute "Office of Surveyor General"; and
(c)

after "N.P. 61/2." insert "Also excepted area shown hatched on the plan lodged in the Central Plan Office of the Office of Surveyor General and numbered N.P. 61B."; and

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 17

(d)

omit "Notwithstanding the declaration of may be carried out subject to section 25B of the Act and the following conditions: During the period ending 30 June 1994 as regards areas indicated by diagonal hatching and during the period ending 30 June 1987 as regards areas indicated by cross hatching on Map No. NP 61A lodged in the Central Plan Office of the Department of Property and Services, timber harvesting may be carried out in accordance with the principles and subject to the requirements provided for in the Final Recommendations of the Land Conservation Council for the South-Western Area, District 2.".

17. Altered Parts in Schedule Two B—State Parks

(1) In Part 1 of Schedule Two B to the Principal

Act—

(a)	for "21 340 hectares" substitute "21 359 hectares"; and
(b)	for "bordered red" substitute "coloured pink"; and
(c)	omit "also excepting therefrom land bordered blue"; and
(d)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(e) for "N.P. 79/1" substitute "N.P. 79/2".

(2) In Part 2 of Schedule Two B to the Principal

Act

(a) for "350 hectares" substitute "572 hectares"; and

National Parks (Amendment) Act 1997

s. 17 Act No. 7/1997

(b)	for "bordered red" substitute "bordered black and, within that border, coloured pink or yellow"; and
(c)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(d) for "N.P. 36/4" substitute "N.P. 36/5".

(3) In Part 5 of Schedule Two B to the Principal

Act

(a) for "139 square kilometres" substitute "16 560 hectares"; and

(b) after "Buln Buln" insert ", Evelyn"; and

(c) omit "or coloured yellow"; and

(d) for "Department of Property and Services" substitute "Office of Surveyor General"; and

(e) for "N.P. 87" substitute "N.P. 87/1"; and

(f) a park the following activities may be carried

omit "Despite the declaration of this land as conditions: Extraction of forest products from the mixed-species forests (excluding the existing wildflower reserves) in the park at the 1977 level of production until 1990.".

(4) In Part 8 of Schedule Two B to the Principal

Act

(a)	for "3577 hectares" substitute "3616 hectares"; and
(b)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(c) for "N.P. 41/1" substitute "N.P. 41/2".

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 17

(5) In Schedule Two B to the Principal Act

(a) Part 10 is repealed; and

(b) Part 11 is repealed.

(6) In Part 12 of Schedule Two B to the Principal

Act—

(a)	for "10 616 hectares" substitute "10 641 hectares"; and
(b)	for "bordered red" substitute "coloured pink"; and
(c)	omit "also excepting therefrom land bordered blue"; and
(d)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(e) for "N.P. 33/2" substitute "N.P. 33/3".

(7) In Part 13 of Schedule Two B to the Principal

Act

(a)	for "6900 hectares" substitute "7069 hectares"; and
(b)	for "bordered red" substitute "coloured pink"; and
(c)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(d) for "N.P. 72/1" substitute "N.P. 72/2".

(8) In Part 14 of Schedule Two B to the Principal

Act

(a)	for "3840 hectares" substitute "3868 hectares"; and
(b)	omit "or bordered green or coloured yellow"; and

National Parks (Amendment) Act 1997

s. 17

s. 18 Act No. 7/1997

(c)	omit "also excepting therefrom land bordered blue"; and
(d)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(e) for "N.P. 63" substitute "N.P. 63/1".

(9) In Part 31 of Schedule Two B to the Principal

Act—

(a)	for "586 hectares" substitute "676 hectares"; and
(b)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(c) for "N.P. 21/4" substitute "N.P. 21/5".

(10) In Part 33 of Schedule Two B to the Principal

Act

(a)	for "2300 hectares" substitute "2303 hectares"; and
(b)	for "Parish of Whirrakee" substitute "Parishes of Huntly, Neilborough and Nerring"; and
(c)	for "bordered red or bordered green or coloured" substitute "coloured pink or"; and
(d)	for "Department of Property and Services" substitute "Office of Surveyor General"; and

(e) for "N.P. 73" substitute "N.P. 73/1".

(11) In Part 36 of Schedule Two B to the Principal

Act

(a) omit "or bordered green"; and

(b) for "Department of Finance" substitute "Office of Surveyor General"; and

(c) for "N.P. 98" substitute "N.P. 98/1".
18. Altered Parts in Schedule Three—Other Parks

National Parks (Amendment) Act 1997

Act No. 7/1997

(1) In Schedule Three to the Principal Act, Part 2 is

repealed.

(2) In Part 3 of Schedule Three to the Principal Act

(a)

for "DISCOVERY BAY PARK" substitute and

(b)	for "8590 hectares" substitute "10 460 hectares"; and
(c)

for "Tarragal and Warrain" substitute and

(d)	for "bordered red" substitute "coloured pink or yellow"; and
(e)	omit "also excepting therefrom land bordered blue"; and

(f) for "in plan" substitute "in plans"; and

(g)	for "Department of Property and Services" substitute "Office of Surveyor General" and
(h)	for "N.P. 44/2" substitute "N.P. 44/3 and N.P. 44A".

(3) In Schedule Three to the Principal Act, Part 5 is

repealed.

(4) In Part 6 of Schedule Three to the Principal Act

(a)	for "GIPPSLAND LAKES PARK" substitute "GIPPSLAND LAKES COASTAL PARK"; and
(b)	for "172 square kilometres" substitute "17 584 hectares"; and
(c)	for "bordered red or coloured" substitute "coloured pink or"; and
(d)	omit "also excepting therefrom land bordered blue"; and

National Parks (Amendment) Act 1997

s. 19 Act No. 7/1997

(e)	for "Department of Property and Services" substitute "Office of Surveyor General"; and
(f)	for "N.P. 46A/3, N.P. 46B/2 and N.P. 46C/3" substitute "N.P. 46A/4, N.P. 46B/3 and N.P. 46C/4".

(5) In Part 10 of Schedule Three to the Principal

Act

(a) for "1276 hectares" substitute "1397 hectares"; and

(b) omit "or coloured yellow"; and

(c) for "Department of Property and Services" substitute "Office of Surveyor General"; and

(d) for "N.P. 60/3" substitute "N.P. 60/4".

19. Cessation of rights

(1) On the day on which a part of a Schedule to the

Principal Act, referred to in a following paragraph, is inserted in the Principal Act by, or amended by, the section referred to in that paragraph, the lands delineated and coloured yellow in the plan referred to in that part cease to be roads or parts of roads and all rights, easements, and privileges existing or claimed, either by the public or any other body and incidental to any express or implied grant, or past dedication or supposed dedication or by any past

user or fiction of law cease and determine 

(a)	Part 15 of Schedule Two to the Principal Act as inserted by section 14 of this Act;
(b)	Part 2A of Schedule Three to the Principal Act, as inserted by section 15 of this Act;
(c)	Parts 13 and 34 of Schedule Two to the Principal Act as amended by section 16 of this Act;

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 20

(d)	Parts 1, 2 and 33 of Schedule Two B to the Principal Act as amended by section 17 of this Act;
(e)	Parts 3 and 6 of Schedule Three to the Principal Act as amended by section 18 of this Act.

(2) On the day on which a part of a Schedule to the

Principal Act, referred to in a following
paragraph, is inserted in the Principal Act by, or
amended by, the section referred to in that
paragraph, the lands delineated by a green border,
or coloured green or hatched (as the case requires)
on the plan referred to in that part cease to be

reserved forest

(a)	Part 15 of Schedule Three to the Principal Act, as inserted by section 15 of this Act;
(b)	Parts 6 and 27 of Schedule Two to the Principal Act as amended by section 16 of this Act;
(c)	Part 5 of Schedule Two B to the Principal Act as amended by section 17 of this Act.

20. Cessation of rights—Lerderderg State Park

The land described as Crown Allotment 64A, be reserved forest.

21. Insertion of new section to follow section 30E

After section 30E of the Principal Act insert

'30F. Access rights—French Island National

Park

(1) The Minister may grant to a person who holds a fee-simple interest in land on French that land which are, in the Minister's opinion, reasonable.

National Parks (Amendment) Act 1997

s. 22 Act No. 7/1997

(2) A right of access under sub-section (1) is

subject to any terms and conditions
determined by the Minister.

(3) For the purpose of allowing a person to

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

(4) In this section "park" means the land referred to in Part 15 of Schedule Two.'.

22. Access rights—French Island

In section 31 of the Principal Act, sub-section (2) is repealed.

23.  Land to become part of park on surrender to the Crown

(1) If the land shown hatched on the plan inserted by

section 14(2) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park

described in Part 15 of Schedule Two to the surrendered to the Crown.

(2) If the land shown cross-hatched on the plan

numbered N.P. 86/2 substituted by section 16(1) the title to that land is surrendered to the Crown.

is not surrendered to the Crown before the
commencement of that section, that land is
deemed to be excluded from the park described in

(3) If the land shown hatched on the plan substituted by section 17(2) is not surrendered to the Crown before the commencement of that section, that

land is deemed to be excluded from the park described in Part 2 of Schedule Two B to the Principal Act until the title to that land is
surrendered to the Crown.

National Parks (Amendment) Act 1997

Act No. 7/1997 s. 23

(4) If the land shown hatched on the plan substituted by section 17(9) is not surrendered to the Crown before the commencement of that section, that

land is deemed to be excluded from the park surrendered to the Crown.

described in Part 31 of Schedule Two B to the

(5) If the land shown hatched on the plan numbered

N.P. 44/3 substituted by section 18(2) is not surrendered to the Crown before the commencement of that section, that land is deemed to be excluded from the park described in Part 3 of Schedule Three to the Principal Act until the title to that land is surrendered to the Crown.

__________________
National Parks (Amendment) Act 1997

s. 24 Act No. 7/1997

PART 4CREATION OF ADA TALL TREES RESERVE

24. Ada Tall Trees Reserve

On the coming into operation of this section, the land shown hatched on the plan in the Schedule ceases to be reserved forest and—

(a) is surrendered to the Crown; and

(b)	is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and
(c)	is deemed to be permanently reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for public purposes, being, in

particular the purposes set out in paragraphs (l), (m), (n) and (o) of section 4 of that Act.

_______________
National Parks (Amendment) Act 1997

Act No. 7/1997 s. 25

PART 5—AMENDMENT OF NATIONAL PARKS (ALPINE
NATIONAL PARK) ACT

25.  Amendment of National Parks (Alpine National Park) Act 1989

(1) In section 11(4) of the National Parks (Alpine National Park) Act 1989 for paragraph (b) substitute— '(b) omit "also excepting therefrom the land

shown by open triangle pattern".'.

(2) In section 11(5) of the National Parks (Alpine

National Park) Act 1989, for paragraph (b)
substitute—
'(b) omit "or herringbone pattern".'.

__________________
National Parks (Amendment) Act 1997

Sch. Act No. 7/1997

SCHEDULE

ADA TALL TREES RESERVE s.25

═══════════════

National Parks (Amendment) Act 1997

Act No. 7/1997 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 21 November 1996

Legislative Council: 2 April 1997

The long title for the Bill for this Act was "to amend the National Parks
Act 1975, to create a reserve under the Crown Land (Reserves) Act
1978, to amend the National Parks (Alpine National Park) Act 1989
and for other purposes."