Untitled document

National Parks and Crown Land (Reserves) Acts Amendment Act 2008

No. 54 of 2008

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the National Parks
Act 1975

3Definitions

4Statute law revision

5Protection of access rights

6Insertion of new section 32R

32RDrainage licences—Cobboboonee National Park

7Repeal of spent provisions

8Sections 70 and 71 substituted

70Definition—2008 Act

71Licences and permits to cut and take away forest
produce for firewood under the Forests Act 1958—
2008 Act

72Tour operator licences and permits granted under the Forests Act 1958—2008 Act

73Apiary occupation rights under the Land Act 1958—2008 Act

74Rights to cease—reserved forest—2008 Act

75Rights to cease—roads—2008 Act

9Schedule One A—Native Title

4Native Title not affected by the National Parks and Crown Land (Reserves) Acts Amendment Act 2008

10Schedule Two—National parks

PART 45—COBBOBOONEE NATIONAL PARK

11Schedule Two B—State parks

12Schedule Four

Part 3—Amendments to the Crown Land (Reserves) Act 1978

13Definitions

14Management and control of forest parks

15Control and management of structures and installations

16Repeal of section 42

17Section 47D inserted

47DLand in Part 7 of the Fifth Schedule deemed to be
forest parks

18Repeal of spent provisions

19New Division 6 of Part 6 inserted

Division 6—Further transitional provisions—2008 Act

64Definition

65Roads to cease—Castlemaine Diggings National Heritage Park

66Transitional provision—Cobboboonee Forest Park

67Rights to cease—reserved forest on roads adjacent
to Cobboboonee Forest Park

68Transitional and saving provisions—Otway Forest
Park

20Part 2 of the Fifth Schedule—Cultural and natural heritage reserves

21Part 3 of the Fifth Schedule—Natural features reserves

Division 7—Devilbend Natural Features Reserve

Division 8—Frankston Natural Features Reserve

22Insertion of new Part 7 of the Fifth Schedule

Part 7—Forest Parks

Division 1—Otway Forest Park

Division 2—Cobboboonee Forest Park

Part 4—Amendments to the Mineral Resources (Sustainable Development) Act 1990 and the Forests Act 1958

Division 1—Mineral Resources (Sustainable Development) Act 1990

23Schedule 3—Restricted Crown Land

Division 2—Forests Act 1958

24Secretary to manage reserved land

Part 5—General

25Repeal of amending Act

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Endnotes

National Parks and Crown Land (Reserves) Acts Amendment Act 2008

No. 54 of 2008

[Assented to 23 September 2008]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the National Parks Act 1975—

(i)to create Cobboboonee National Park;

(ii)to make alterations to existing parks;

(b)to amend the Crown Land (Reserves) Act 1978—

(i)to create Cobboboonee Forest Park and make further provision as to the existing Otway Forest Park;

(ii)to provide for making agreements with Melbourne Water Corporation relating to Devilbend and Frankston natural features reserves;

(c)to make consequential and other amendments to the National Parks Act 1975, the Crown Land (Reserves) Act 1978, the Forests Act 1958 and the Mineral Resources (Sustainable Development) Act 1990.

2Commencement

(1)Part 1, sections 4, 7, 13(1), 15, 18, 21, Division 2 of Part 4 and Part 5 come into operation on the day after the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation before 30 June 2009, it comes into operation on that day.

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Part 2—Amendments to the National Parks Act 1975

3Definitions

In section 3(1) of the National Parks Act 1975—

(a)in the definition of Barwon water supply catchment area, for "N.P. 111C/1, N.P. 111D/1" substitute "N.P. 111C/2, N.P. 111D/2";

(b)in paragraph (b) of the definition of Melbourne water supply catchment area—

(i)omit "or coloured orange";

(ii)for "N.P. 102A/1 and N.P. 102B/1" substitute "N.P. 102A/2 and N.P. 102B/2";

(c)in the definition of South West water supply catchment area, for "N.P. 111H/1" substitute "N.P. 111H/2".

4Statute law revision

Insert the following heading to section 19A of the National Parks Act 1975—

"Management agreements with Trust for Nature".

5Protection of access rights

In section 30I(4)(a) of the National Parks Act 1975—

(a)for "Part 41 or" substitute "Part 41,";

(b)after "Part 42" insert "or Part 45".

6Insertion of new section 32R

After section 32Q of the National Parks Act 1975 insert—

"32R   Drainage licences—Cobboboonee National Park

(1)The Secretary may grant a licence to the person who is the owner or occupier of drainage land, being a licence over land described in Part 45 of Schedule Two, for the purpose of draining the drainage land.

(2)A licence granted under subsection (1)—

(a)must be in writing; and

(b)must not be for a term of more than 7 years; and

(c)is subject to any fees and other charges and terms and conditions determined by the Secretary.

(3)The coming into operation of section 10(5) of the National Parks and Crown Land (Reserves) Acts Amendment Act 2008 does not affect the existence and operation of the drainage licence.

(4)In this section—

drainage land means Crown Allotment 5, Parish of Cobboboonee;

drainage licence means the agreement as to drainage between the Secretary and S.D. and N.J. Johnstone and Dipple Pty Ltd ACN 069 825 010 as to part of Crown Allotment 1A, Parish of Cobboboonee, and in force until 31 December 2017.".

7Repeal of spent provisions

Sections 31A, 58A, 59 and 62 of the National Parks Act 1975 are repealed.

8Sections 70 and 71 substituted

For sections 70 and 71 of the National Parks Act 1975 substitute—

"70   Definition—2008 Act

In this Part, 2008 Act means the National Parks and Crown Land (Reserves) Acts Amendment Act 2008.

71Licences and permits to cut and take away forest produce for firewood under the Forests Act 1958—2008 Act

(1)Despite the commencement of section 10(5) of the 2008 Act, a licence or permit granted under section 52 of the Forests Act 1958 to cut and take away, for firewood, forest produce, being a licence or permit that was in existence immediately before that commencement, continues in force as a licence or permit granted under section 52 of the Forests Act 1958—

(a)until the earlier of—

(i)the expiry of the licence or permit; or

(ii)30 June 2010; and

(b)only in respect of any forest produce felled in the designated areas in accordance with a licence or permit granted under section 52 of the Forests Act 1958 before 31 December 2003.

(2)Despite the commencement of section 10(5) of the 2008 Act, section 52 of the Forests Act 1958 continues to apply to the designated areas in order that a licence or permit may be granted under section 52 of the Forests Act 1958 to cut and take away, for firewood, forest produce that has been felled in the designated areas in accordance with a licence or permit granted before 31 December 2003.

(3)Any licence or permit granted by reason of the operation of subsection (2) may be dealt with under section 52 of the Forests Act 1958 and continues in force until—

(a)the expiry of the licence or permit; or

(b)30 June 2010—

whichever is earlier.

(4)In this section, designated areas means the areas delineated and coloured blue and numbered 068/510/0100, 068/504/0001 and 074/601/00F2 on the plan lodged in the Central Plan Office and numbered LEGL./08-024.

72Tour operator licences and permits granted under the Forests Act 1958—2008 Act

Despite the commencement of section 10(5) of the 2008 Act, a licence or permit granted under section 52 of the Forests Act 1958 to conduct organised tourism or recreation business activities and in force immediately before that commencement in respect of any of the land described in Part 45 of Schedule Two continues in force in respect of that land as a licence or permit granted under section 52 of the Forests Act 1958 until it expires.

73Apiary occupation rights under the Land Act 1958—2008 Act

Despite the commencement of section 10(5) of the 2008 Act, an apiary occupation right granted under section 149 of the Land Act 1958 and in force immediately before that commencement in respect of any of the land described in Part 45 of Schedule Two continues in force as a right granted under section 149 of the Land Act 1958 subject to such terms and conditions as are prescribed under that section until the right expires.

74Rights to cease—reserved forest—2008 Act

(1)On the commencement of section 10(3) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 111B/2 and N.P. 111H/2 cease to be reserved forest.

(2)On the commencement of section 10(2) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 10/4 cease to be reserved forest.

(3)On the commencement of section 10(5) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 112 cease to be reserved forest.

75Rights to cease—roads—2008 Act

(1)On the commencement of section 10(5) of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 112 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

(2)On the commencement of a subsection of section 10 of the 2008 Act that is set out in Column 1 of the Table to this subsection, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office, the number of which is referred to in Column 2 of the Table opposite the subsection of section 10 in Column 1, cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

TABLE

Column 1

Column 2

Section 10(1)

Section 10(2)

N.P. 8/8

N.P. 10/4

Section 10(3)

N.P. 111B/2,

N.P. 111C/2,

N.P. 111H/2

(3)On the commencement of section 11(3) of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 21/7 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.".

9Schedule One A—Native Title

After clause 3 of Schedule One A to the National Parks Act 1975 insert—

"4   Native Title not affected by the National Parks and Crown Land (Reserves) Acts Amendment Act 2008

(1)The amendments made to this Act by the National Parks and Crown Land (Reserves) Acts Amendment Act 2008 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.".

10Schedule Two—National parks

(1)In Part 10 of Schedule Two to the National Parks Act 1975—

(a)for "22 360 hectares" substitute "22 430 hectares";

(b)for "N.P. 8/7" substitute "N.P. 8/8".

(2)In Part 14 of Schedule Two to the National Parks Act 1975—

(a)for "273 square kilometres, more or less" substitute "26 430 hectares, more or less";

(b)omit "(including the area excepted)";

(c)for "bordered red in a plan prepared by the Surveyor-General" substitute "coloured pink or coloured green or coloured yellow in the plan";

(d)for "N.P. 10/3" substitute "N.P. 10/4";

(e)omit "excepting the area bordered green on plan LEGL/93-12".

(3)In Part 31 of Schedule Two to the National Parks Act 1975—

(a)for "103 190 hectares" substitute "103 185 hectares";

(b)after "coloured pink" insert "or coloured green";

(c)for "N.P. 111A/1, N.P. 111B/1, N.P. 111C/1, N.P. 111D/1" substitute "N.P. 111A/2, N.P. 111B/2, N.P. 111C/2, N.P. 111D/2";

(d)for "N.P 111H/1" substitute "N.P. 111H/2".

(4)In Part 39 of Schedule Two to the National Parks Act 1975—

(a)for "77 040 hectares" substitute "77 190 hectares";

(b)for "coloured blue or coloured orange or coloured yellow" substitute "coloured blue excepting the roads shown as excluded";

(c)for "N.P. 102A/1 and N.P. 102B/1" substitute "N.P. 102A/2 and N.P. 102B/2".

(5)After Part 44 of Schedule Two to the National Parks Act 1975 insert—

"PART 45—COBBOBOONEE NATIONAL PARK

All those pieces or parcels of land containing 18 510 hectares, more or less, situate in the Parishes of Balrook, Cobboboonee, Drik Drik, Glenaulin, Gorae, Heywood, Kentbruck and Mouzie, County of Normanby, being the land delineated and coloured green or coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 112.".

11Schedule Two B—State parks

(1)In Part 12 of Schedule Two B to the National Parks Act 1975—

(a)for "10 641 hectares" substitute "10 740 hectares";

(b)omit "excepting therefrom the roads shown as excluded";

(c)for "N.P. 33/3" substitute "N.P. 33/4".

(2)In Part 16 of Schedule Two B to the National Parks Act 1975—

(a)for "3000 hectares" substitute "3040 hectares";

(b)omit "or coloured green";

(c)for "N.P. 65/1" substitute "N.P. 65/2".

(3)In Part 31 of Schedule Two B to the National Parks Act 1975—

(a)for "680 hectares" substitute "686 hectares";

(b)for "coloured pink" substitute "coloured pink or coloured yellow";

(c)for "N.P. 21/6" substitute "N.P. 21/7".

12Schedule Four

In the note to Part 8 of Schedule Four to the National Parks Act 1975—

(a)for "7550 hectares" substitute "7560 hectares";

(b)for "N.P. 109A/2" substitute "N.P. 109A/3".

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Part 3—Amendments to the Crown Land (Reserves) Act 1978

13Definitions

(1)In section 3 of the Crown Land (Reserves) Act 1978 for the definition of Melbourne Water Corporation substitute—

"Melbourne Water Corporation has the same meaning as in the Water Act 1989;".

(2)In section 3 of the Crown Land (Reserves) Act 1978 insert the following definition—

"forest park means an area of land deemed to be permanently reserved under section 47D;".

14Management and control of forest parks

For section 18(1B) of the Crown Land (Reserves) Act 1978 substitute—

"(1B)Any land that is a forest park is placed under the control and management of the Secretary for the purposes of section 18A of the Forests Act 1958.".

15Control and management of structures and installations

In section 29F(1) of the Crown Land (Reserves) Act 1978—

(a)for "Melbourne Water Corporation Act 1992" substitute "Water Act 1989";

(b)after "the Fifth Schedule" insert "or Division 7 or 8 of Part 3 of the Fifth Schedule".

16Repeal of section 42

Section 42 of the Crown Land (Reserves) Act 1978 is repealed.

17Section 47D inserted

After section 47C of the Crown Land (Reserves) Act 1978 insert—

"47D   Land in Part 7 of the Fifth Schedule deemed to be forest parks

Each area of land described in a Division of Part 7 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes, being in particular for the purposes of—

(a)providing opportunities for informal recreation associated with the enjoyment of natural surroundings;

(b)protecting and conserving biodiversity, natural and cultural features and water supply catchments;

(c)supplying a limited range of natural resource products.".

18Repeal of spent provisions

Sections 52, 53, 56, 57, 60, 61 and 63 of the Crown Land (Reserves) Act 1978 are repealed.

19New Division 6 of Part 6 inserted

After Division 5 of Part 6 of the Crown Land (Reserves) Act 1978 insert—

"Division 6—Further transitional provisions—2008 Act

64Definition

In this Part, 2008 Act means the National Parks and Crown Land (Reserves) Acts Amendment Act 2008.

65Roads to cease—Castlemaine Diggings National Heritage Park

On the commencement of section 20 of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 109A/3 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

66Transitional provision—Cobboboonee Forest Park

On the commencement of section 22 of the 2008 Act—

(a)any reservation, under this or any other Act, of an area of the land described in Division 2 of Part 7 of the Fifth Schedule that was in force immediately before that commencement is revoked; and

(b)any regulations made under section 13 of this Act that applied to the land immediately before that commencement are revoked in so far as they apply to the land; and

(c)subject to paragraph (d), the land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement; and

(d)despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land under the Extractive Industries Development Act 1995, the Forests Act 1958, the Geothermal Energy Resources Act 2005, the Land Act 1958, the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998, the Water Act 1989 or this Act and in force immediately before that commencement continues in force subject to its terms and conditions; and

(e)the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./08-010 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.

67Rights to cease—reserved forest on roads adjacent to Cobboboonee Forest Park

On the commencement of section 22 of the 2008 Act, the lands delineated and coloured brown on the plans lodged in the Central Plan Office and numbered LEGL./08-009 and LEGL./08-010 cease to be reserved forest.

68Transitional and saving provisions—Otway Forest Park

The Order referred to in section 42(2) of this Act (as in force before the commencement of section 22 of the 2008 Act) is deemed always to have had effect as if the land delineated and coloured pink on the plans numbered LEGL./06-453 and LEGL./06-454 did not include Crown Allotment 1H2, Section A, Parish of Yaugher.".

20Part 2 of the Fifth Schedule—Cultural and natural heritage reserves

In Division 1 of Part 2 of the Fifth Schedule to the Crown Land (Reserves) Act 1978—

(a)for "7550 hectares" substitute "7560 hectares";

(b)for "N.P. 109A/2" substitute "N.P. 109A/3".

21Part 3 of the Fifth Schedule—Natural features reserves

After Division 6 of Part 3 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 7—Devilbend Natural Features Reserve

The land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./06-317.

Division 8—Frankston Natural Features Reserve

The land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./07-081.".

22Insertion of new Part 7 of the Fifth Schedule

After Part 6 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Part 7—Forest Parks

Division 1—Otway Forest Park

The land delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./08-011, LEGL./08-012, LEGL./08-013, LEGL./08-014 and LEGL./08-015.

Division 2—Cobboboonee Forest Park

The land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./08-009 and LEGL./08-010.".

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Part 4—Amendments to the Mineral Resources (Sustainable Development) Act 1990 and the Forests Act 1958

Division 1—Mineral Resources (Sustainable Development) Act 1990

23Schedule 3—Restricted Crown Land

In Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990, after clause 4B insert—

"4C.Any land described in Division 1 or 2 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 .".

Division 2—Forests Act 1958

24Secretary to manage reserved land

In section 18A(2A) of the Forests Act 1958, after "applies as if the land were reserved forest" insert "and as if the land has been set aside and declared to be a forest park under section 50".

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Part 5—General

25Repeal of amending Act

This Act is repealed on 30 June 2010.

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: 12 June 2008

Legislative Council: 31 July 2008

The long title for the Bill for this Act was "A Bill for an Act to amend the National Parks Act 1975, the Crown Land (Reserves) Act 1978, the Forests Act 1958 and the Mineral Resources (Sustainable Development) Act 1990 and for other purposes."