Untitled document

National Parks Amendment (No 99 Year Leases) Act 2015

No. 54 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Amendment of sections 19A, 19C and 19E

4Power of Minister to grant leases not exceeding 21 years

5Repeal of sections 19H, 19I and 19J

6Power of Minister to grant licences associated with leases

7Repeal of section 30AAAB

8Power of Minister to grant leases more than 21 years but not exceeding 99 years—Point Nepean National Park

9Repeal of sections 30AAAD and 31AABA

10Power of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park

11Repeal of sections 31AABC and 32CB

12Power of Minister to grant longer term leases—Arthurs Seat chairlift lease

13Repeal of section 32CD

14Repeal of amending Act

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Endnotes

1      General information

National Parks Amendment (No 99 Year Leases) Act 2015

No. 54 of 2015

[Assented to 27 October 2015]

The Parliament of Victoria enacts:

1Purpose

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

(a)to repeal section 19I of that Act to remove the power to grant a lease of any land that may be leased under section 19G of that Act for a term of more than 21 years and not exceeding 99 years; and

(b)to reduce the maximum term of a lease that may be granted for specific areas of land in the Point Nepean National Park, the Mount Buffalo National Park and the Arthurs Seat State Park from 99 years to 50 years; and

(c)to make other miscellaneous amendments.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Amendment of sections 19A, 19C and 19E

In sections 19A(2A)(b), 19C(2)(c) and 19E(3)(c) of the National Parks Act 1975 omit "19J,".

4Power of Minister to grant leases not exceeding 21years 

In section 19G(1) of the National Parks Act 1975, for "any land that is described in a Schedule to this Act" substitute "any land in any park or any land that is described in Schedule Four".

5Repeal of sections 19H, 19I and 19J

Sections 19H, 19I and 19J of the National Parks Act 1975 are repealed.

6Power of Minister to grant licences associated with leases

In section 19K(1) of the National Parks Act 1975 omit "or 19I".

7Repeal of section 30AAAB

Section 30AAAB of the National Parks Act 1975 is repealed.

8Power of Minister to grant leases more than 21 years but not exceeding 99 years—Point Nepean National Park

(1)In the heading to section 30AAAC of the National Parks Act 1975, for "99 years" substitute "50 years".

(2)For section 30AAAC(1) of the National Parks Act 1975 substitute—

"(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 50 years of any area of land which may be leased under section 30AAA if the Minister—

(a)has consulted the National Parks Advisory Council; and

(b)is satisfied that—

(i)the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and

(ii)the granting of a longer term lease is in the public interest.".

9Repeal of sections 30AAAD and 31AABA

Sections 30AAAD and 31AABA of the National Parks Act 1975 are repealed.

10Power of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park

(1)In the heading to section 31AABB of the National Parks Act 1975, for "99 years" substitute "50 years".

(2)For section 31AABB(1) of the National Parks Act 1975 substitute—

"(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 50 years of any area of land which may be leased under section 31AA if the Minister—

(a)has consulted the National Parks Advisory Council; and

(b)is satisfied that—

(i)the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and

(ii)the granting of a longer term lease is in the public interest.".

11Repeal of sections 31AABC and 32CB

Sections 31AABC and 32CB of the National Park Act 1975 are repealed.

12Power of Minister to grant longer term leases—Arthurs Seat chairlift lease

(1)For the heading to section 32CC of the National Parks Act 1975 substitute—

"Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease"

(2)For section 32CC(1) of the National Parks Act 1975 substitute—

"(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 50 years of any area of land which may be leased under section 32CA if the Minister—

(a)has consulted the National Parks Advisory Council; and

(b)is satisfied that—

(i)the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and

(ii)the granting of a longer term lease is in the public interest.".

(3)Section 32CC(3) of the National Parks Act 1975 is repealed.

13Repeal of section 32CD

Section 32CD of the National Parks Act 1975 is repealed.

14Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

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: 16 September 2015

Legislative Council: 8 October 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the National Parks Act 1975 to repeal section 19I of that Act to remove the power to grant a lease of any land that may be leased under section 19G of that Act for a term of more than 21 years and not exceeding 99 years and to reduce the maximum term of a lease that may be granted for specific areas of land in specified parks from 99 years to 50 years and for other purposes."

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