Untitled document
National Parks Amendment (Leasing Powers and Other Matters) Act 2013
No. 45 of 2013
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Amendments Relating to Leasing Powers
4Powers of Minister
5Management agreements with Trust for Nature
6Minister may make management agreements with public authorities
7Leasing and managing of land adjacent to parks
8New sections 19G to 19K inserted
19GPower of Minister to grant leases not exceeding
21 years19HIn-principle approval of longer term leases
19IPower of Minister to grant leases more than 21 years but not exceeding 99 years
19JPower of Minister to enter into agreements to lease
19KPower of Minister to grant licences associated with leases
9Lighthouse leases—Great Otway National Park
10Leases in Point Nepean National Park
11New sections 30AAAB to 30AAAD inserted
30AAABIn-principle approval of longer term leases—
Point Nepean National Park30AAACPower of Minister to grant leases more than
21 years but not exceeding 99 years—Point
Nepean National Park30AAADPower of Minister to enter into agreements to lease—Point Nepean National Park
12Licences associated with lease—Point Nepean National Park
13Leases in Mount Buffalo National Park
14New sections 31AABA to 31AABC inserted
31AABAIn-principle approval of longer term leases—Mount Buffalo National Park
31AABBPower of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park
31AABCPower of Minister to enter into agreements to lease—Mount Buffalo National Park
15Licences associated with lease—Mount Buffalo National Park
16Arthurs Seat chairlift lease
17New sections 32CB to 32CD inserted
32CBIn-principle approval of longer term leases—Arthurs Seat chairlift
32CCPower of Minister to grant longer term leases—Arthurs Seat chairlift lease
32CDPower of Minister to enter into agreements to lease—Arthurs Seat chairlift
18Transitional provisions
Part 4—National Parks Amendment
(Leasing Powers and Other Matters)
Act 201315Continuation of leases granted under section 19(2)
16Continuation of licences granted under section 19(3)
17Continuation of lighthouse leases granted under section 29B
Part 3—Amendments Relating to Regulation Making Powers
19Regulations
Part 4—Repeal of Amending Act
20Repeal of amending Act
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Endnotes
National Parks Amendment (Leasing Powers and Other Matters) Act 2013
No. 45 of 2013
[Assented to 27 August 2013]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the National Parks Act 1975—
(a)in relation to leases and licences;
(b)to provide further regulation making powers.
2Commencement
(1)This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.
(3)If a provision of this Act referred to in subsection (2) does not come into operation before 27 May 2014, it comes into operation on that day.
3Principal Act
In this Act, the National Parks Act 1975 is called the Principal Act.
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Part 2—Amendments Relating to Leasing Powers
4Powers of Minister
Section 19(2) and (3) of the Principal Act are repealed.
5Management agreements with Trust for Nature
In section 19A(2A)(b) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".
6Minister may make management agreements with public authorities
In section 19C(2)(c) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".
7Leasing and managing of land adjacent to parks
In section 19E(3)(c) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".
8New sections 19G to 19K inserted
After section 19F of the Principal Act insert—
"19G Power of Minister to grant leases not exceeding 21 years
(1)Subject to this Act, after consulting the National Parks Advisory Council, the Minister may grant a lease to a person of any land that is described in a Schedule to this Act other than—
(a)a wilderness park described in Schedule Two A;
(b)a wilderness zone described in Schedule Five;
(c)a remote and natural area described in Schedule Six;
(d)a designated water supply catchment area;
(e)a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 that is located in a park;
(f)a reference area.
(2)A lease under subsection (1)—
(a)must be granted in writing; and
(b)is subject to any rent or other charges and terms and conditions determined by the Minister; and
(c)must not be for a term of more than 21 years.
(3)The purpose of a lease under subsection (1)—
(a)must be consistent with the objects of this Act in relation to the land; and
(b)may be for the occupation of buildings or the construction and occupation of buildings, including buildings providing accommodation, but not for the purpose of industrial or residential use.
(4)For the purposes of subsection (2)(b), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.
19HIn-principle approval of longer term leases
(1)Before determining whether to give in‑principle approval in relation to a proposal to grant a lease under section 19I, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—
(a)describes, in general terms, the proposal to grant a lease under section 19I for a particular use, development, improvements or works; and
(b)states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and
(c)states that the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.
(2)The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.
(3)The Minister may take into account any other information provided by the Secretary or any other person or body.
(4)The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 19I.
(5)The in-principle approval—
(a)must be given in writing; and
(b)may be subject to any conditions that the Minister determines are appropriate.
(6)Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 19I.
19IPower of Minister to grant leases more than 21 years but not exceeding 99 years
(1)Subject to this Act, the Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any land that may be leased under section 19G if the Minister—
(a)has consulted the National Parks Advisory Council; and
(b)has given in-principle approval in relation to the proposal to grant a lease in accordance with section 19H; and
(c)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.
(2)Section 19G(2)(a) and (b), (3) and (4) apply to a lease granted under this section.
19JPower of Minister to enter into agreements to lease
(1)For the purposes of granting a lease of land under section 19G or 19I, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.
(2)An agreement to lease land under subsection (1)—
(a)must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and
(b)may be subject to any other conditions that must be met before a lease is granted under section 19G or 19I.
(3)If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—
(a)21 years, in the case of a lease granted under section 19G; or
(b)99 years, in the case of a lease granted under section 19I.
19KPower of Minister to grant licences associated with leases
(1)If a lease is granted to a person under section 19G or 19I, the Minister may grant the person a licence to use any land, building, improvements or works in the vicinity of, or connected with, the land that is subject to the lease.
(2)A licence under subsection (1) may be granted—
(a)at the same time as the lease to which it relates is granted; or
(b)after the lease to which it relates is granted.
(3)A licence under subsection (1)—
(a)must be for the same or a related purpose for which the land is leased; and
(b)must be granted in writing; and
(c)may be for the whole or part of the term of the lease; and
(d)is subject to any fees and other charges and terms and conditions determined by the Minister.
(4)For the purposes of subsection (3)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.".
9Lighthouse leases—Great Otway National Park
Section 29B(1) and (2) of the Principal Act are repealed.
10Leases in Point Nepean National Park
(1)In section 30AAA(2) of the Principal Act for "historic, indigenous, cultural, natural and landscape features" substitute "natural, indigenous, historic, cultural, landscape and recreational values".
(2)For section 30AAA(5) of the Principal Act substitute—
"(5)For the purposes of subsection (4)(c), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.".
11New sections 30AAAB to 30AAAD inserted
After section 30AAA of the Principal Act insert—
"30AAAB In-principle approval of longer term leases—Point Nepean National Park
(1)Before determining whether to give in‑principle approval in relation to a proposal to grant a lease under section 30AAAC, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—
(a)describes, in general terms, the proposal to grant a lease under section 30AAAC for a particular use, development, improvements or works; and
(b)states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and
(c)the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.
(2)The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.
(3)The Minister may take into account any other information provided by the Secretary or any other person or body.
(4)The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 30AAAC.
(5)The in-principle approval—
(a)must be given in writing; and
(b)may be subject to any conditions that the Minister determines are appropriate.
(6)Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 30AAAC.
30AAACPower of Minister to grant leases more than 21 years but not exceeding 99 years—Point Nepean National Park
(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 99 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)has given in-principle approval in relation to the proposal to grant a lease in accordance with section 30AAAB; and
(c)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.
(2)Section 30AAA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section.
30AAADPower of Minister to enter into agreements to lease—Point Nepean National Park
(1)For the purposes of granting a lease of land under section 30AAA or 30AAAC, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.
(2)An agreement to lease land under subsection (1)—
(a)must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and
(b)may be subject to any other conditions that must be met before a lease is granted under section 30AAA or 30AAAC.
(3)If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—
(a)21 years, in the case of a lease granted under section 30AAA; or
(b)99 years, in the case of a lease granted under section 30AAAC.".
12Licences associated with lease—Point Nepean National Park
(1)In section 30AAB(1) of the Principal Act, after "section 30AAA" insert "or 30AAAC".
(2)In section 30AAB(2)(c) of the Principal Act, for "lease, but must not be for a term of more than 21 years" substitute "lease".
(3)After section 30AAB(2) of the Principal Act insert—
"(3)A licence under subsection (1) may be granted—
(a)at the same time as the lease to which it relates is granted; or
(b)after the lease to which it relates is granted.
(4)For the purposes of subsection (2)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.".
13Leases in Mount Buffalo National Park
(1)In section 31AA(2) of the Principal Act for "historic, indigenous, cultural, natural and landscape features" substitute "natural, indigenous, historic, cultural, landscape and recreational values".
(2)For section 31AA(5) of the Principal Act substitute—
"(5)For the purposes of subsection (4)(c), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.".
14New sections 31AABA to 31AABC inserted
After section 31AA of the Principal Act insert—
"31AABA In-principle approval of longer term leases—Mount Buffalo National Park
(1)Before determining whether to give in‑principle approval in relation to a proposal to grant a lease under section 31AABB, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—
(a)describes, in general terms, the proposal to grant a lease under section 31AABB for a particular use, development, improvements or works; and
(b)states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and
(c)the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.
(2)The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.
(3)The Minister may take into account any other information provided by the Secretary or any other person or body.
(4)The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 31AABB.
(5)The in-principle approval—
(a)must be given in writing; and
(b)may be subject to any conditions that the Minister determines are appropriate.
(6)Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 31AABB.
31AABBPower of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park
(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any land that may be leased under section 31AA if the Minister—
(a)has consulted the National Parks Advisory Council; and
(b)has given in-principle approval in relation to the proposal to grant a lease in accordance with section 31AABA; and
(c)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.
(2)Section 31AA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section.
31AABCPower of Minister to enter into agreements to lease—Mount Buffalo National Park
(1)For the purposes of granting a lease of land under section 31AA or 31AABB, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.
(2)An agreement to lease land under subsection (1)—
(a)must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and
(b)may be subject to any other conditions that must be met before a lease is granted under section 31AA or 31AABB.
(3)If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—
(a)21 years, in the case of a lease granted under section 31AA; or
(b)99 years, in the case of a lease granted under section 31AABB.".
15Licences associated with lease—Mount Buffalo National Park
(1)In section 31AAB(1) of the Principal Act—
(a)after "section 31AA" insert "or section 31AABB";
(b)after "vicinity of" insert ", or connected with,".
(2)After section 31AAB(2) of the Principal Act insert—
"(3)A licence under subsection (1) may be granted—
(a)at the same time as the lease to which it relates is granted; or
(b)after the lease to which it relates is granted.
(4)For the purposes of subsection (2)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.".
16Arthurs Seat chairlift lease
For section 32CA(4) of the Principal Act substitute—
"(4)For the purposes of subsection (3)(c), the Minister must ensure that the lease is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the lease.".
17New sections 32CB to 32CD inserted
After section 32CA of the Principal Act insert—
"32CB In-principle approval of longer term leases—Arthurs Seat chairlift
(1)Before determining whether to give in‑principle approval in relation to a proposal to grant a lease under section 32CC, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—
(a)describes, in general terms, the proposal to grant a lease under section 32CC for a particular use, development, improvements or works; and
(b)states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and
(c)the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.
(2)The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.
(3)The Minister may take into account any other information provided by the Secretary or any other person or body.
(4)The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 32CC.
(5)The in-principle approval—
(a)must be given in writing; and
(b)may be subject to any conditions that the Minister determines are appropriate.
(6)Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 32CC.
32CCPower of Minister to grant longer term leases—Arthurs Seat chairlift lease
(1)The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any area of land referred to in section 32CA if the Minister—
(a)has consulted the National Parks Advisory Council; and
(b)has given in-principle approval in relation to the proposal to grant a lease in accordance with section 32CB; and
(c)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.
(2)Section 32CA(2), (3)(a) and (c) and (4) apply to a lease granted under this section.
(3)Subsection (1)(b) does not apply in relation to the granting of a lease under this section for which the Minister has selected a preferred proponent for the development of a new chairlift in the park described in Part 2 of Schedule Two B before the commencement of section 17 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013.
32CDPower of Minister to enter into agreements to lease—Arthurs Seat chairlift
(1)For the purposes of granting a lease of land under section 32CA or 32CC, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.
(2)An agreement to lease land under subsection (1)—
(a)must be subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the agreement; and
(b)may be subject to any other conditions that must be met before a lease is granted under section 32CA or 32CC.
(3)If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—
(a)21 years, in the case of a lease granted under section 32CA; or
(b)99 years, in the case of a lease granted under section 32CC.".
18Transitional provisions
After Part 3 in Schedule One AA to the Principal Act insert—
"Part 4—National Parks Amendment (Leasing Powers and Other Matters) Act 2013
15Continuation of leases granted under section 19(2)
(1)On and from the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a tenancy of land granted to a person under section 19(2) and in force immediately before that commencement continues in force on and from that commencement until the tenancy expires, at such rent and subject to such terms and conditions as the Minister determined for that tenancy.
(2)Despite subclause (1), this Act, as in force at the time of a renewal of a tenancy of land granted under section 19(2), applies to that renewal if the tenancy of land—
(a)is in force immediately before the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013; and
(b)contains an option to renew the tenancy for a further term or terms.
16Continuation of licences granted under section 19(3)
(1)On and from the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a licence granted to a person under section 19(3) and in force immediately before that commencement continues in force on and from that commencement until the licence expires, at such fees and charges and subject to such terms, conditions and covenants as the Minister determined for that licence.
(2)Despite subclause (1), the Act, as in force at the time of a renewal of a licence granted under section 19(3), applies to that renewal if the licence—
(a)is in force immediately before the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013; and
(b)contains an option to renew the licence for a further term or terms.
17Continuation of lighthouse leases granted under section 29B
(1)On and from the commencement of section 9 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a lease granted to a person under section 29B(1) and in force immediately before that commencement continues in force on and from that commencement until the lease expires, subject to such rent and such other charges and terms and conditions as the Minister determined for that lease.
(2)Despite subclause (1), the Act, as in force at the time of a renewal of a lease granted under section 29B(1), applies to that renewal if the lease—
(a)is in force immediately before the commencement of section 9 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013; and
(b)contains an option to renew the lease for a further term or terms.".
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Part 3—Amendments Relating to Regulation Making Powers
19Regulations
(1)After section 48(1)(l) of the Principal Act insert—
"(la)setting aside areas in parks in which specified activities are permitted, restricted or prohibited;".
(2)After section 48(1)(o) of the Principal Act insert—
"(oa)providing for offences for which the owner of an animal, or a person having care or control of an animal, is guilty if the animal is found in a park in contravention of the regulations;".
(3)After section 48(2)(c) of the Principal Act insert—
"(ca)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Secretary, including, but not limited to—
(i)the setting aside of areas in parks;
(ii)the granting of permits subject to any reasonable conditions and the revocation of permits; and
(cb)may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—
(i)whether unconditionally or on specified conditions; and
(ii)either wholly or to such an extent as is specified; and".
(4)In section 48(3) of the Principal Act after "subsection (2)(c)" insert "and (ca)".
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Part 4—Repeal of Amending Act
20Repeal of amending Act
This Act is repealed on 27 May 2015.
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
Minister's second reading speech—
Legislative Assembly: 29 May 2013
Legislative Council: 27 June 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the National Parks Act 1975 in relation to leases and licences, to provide further regulation making powers and for other purposes."
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