Untitled document
National Parks (Additions and Other Amendments) Act 2004
Act No. 64/2004
table of provisions
Section Page
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—Amendments to the National Parks Act 1975
Division 1—Miscellaneous Amendments to the National Parks Act 1975
3.Substitution of section 10
10.National Parks Advisory Council
4.Repeal of ability of Council to act as committee of
management5.Repeal of power to appoint Council as committee of
management6.Substitution of section 25B
25B.Harvesting of a pine plantation in Lake Eildon
National Park
7.Repeal of power to enter into cattle grazing agreements at Mornington Peninsula National Park
8.Repeal of reporting requirements for certain parks
9.Repeal of section 32A
10.Alpine Advisory Committee
11.Tenancies for surf lifesaving purposes
12.Repeal of powers to grant certain tenancies at Arthurs Seat
State Park13.Authorities to search for minerals
14.Repeal of power to issue grazing licences at Lysterfield Park
15.Repeal of exceptions on prohibition on carrying or using spear guns in certain parks
16.Repeal of spent transitional provisions
17.Repeal of spent transitional provisions
18.Substitution of section 59
59.Savings of appointments—National Parks Advisory Council—2004 Act
60.Savings of appointments—Alpine Advisory Committee—2004 Act
61.Rights to cease—roads—2004 Act
62.Rights to cease—reserved forest—2004 Act
63.Heathcote-Graytown National Park—Land not affected by enactment of 2002 Act
64.Registrar of Titles to make necessary amendments to records
Division 2—Amendments Related to Parks and Other Areas
19.Amendment of Schedule Two
20.Amendment of Schedule Two B
21.Amendment of Schedule Three
22.Amendment of Schedule Four
23.Amendment of Schedule Six
24.Further amendments to the National Parks Act 1975
Part 3—Amendments to the Crown Land
(Reserves) Act 1978
Division 1—General Amendments to the Crown Land (Reserves)
Act 1978
25.Definitions
26.Secretary to manage Castlemaine Diggings National Heritage Park
27.Insertion of new heading in Part 6
28.Repeal of certain sections
29.Amendment of reference to Central Plan Office
30.Insertion of new Divisions 2, 3 and 4 in Part 6
Division 2—Fifth Schedule Reserves
44.Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves
45.Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves
46.Land in Part 3 of Fifth Schedule deemed to be natural features reserves
47.Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves
Division 3—Transitional Provisions Relating to Reserves
48.Cessation of interests and rights—2004 Act
49.Castlemaine Diggings National Heritage Park, Tungamah and Youarang Natural Features Reserves—Land not affected by enactment of 2002 Act
Division 4—Miscellaneous
50.Registrar of Titles to make necessary amendments to records
31.Further amendments to the Crown Land (Reserves)
Act 1978
Division 2—Amendments Related to Additions to Wychitella
Nature Conservation Reserve
32.Addition of land to Wychitella Nature Conservation Reserve
33.Insertion of new section 49A
49A.Transitional Provision—Addition to Wychitella
Nature Conservation Reserve
Part 4—Amendments to Other Acts
34.Amendment of Schedule 3 to the Mineral Resources Development Act 1990—Interpretation of restricted Crown
land35.Amendment of the Forests Act 1958
36.Amendment of the National Parks (Amendment) Act 1989
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SCHEDULES
SCHEDULE 1—Insertion of Schedule One A in the National Parks Act 1975
SCHEDULE 2—Insertion of Fifth Schedule in the Crown Land (Reserves) Act 1978
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Endnotes
National Parks (Additions and Other Amendments) Act 2004
[Assented to 12 October 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is—
(a)to amend the National Parks Act 1975—
(i)to make several additions and excisions to various parks; and
(ii)to make further provision in relation to advisory bodies; and
(iii)to repeal certain licensing and other provisions; and
(iv)to make further provision in relation to that Act; and
(b)to amend the Crown Land (Reserves) Act 1978—
(i)to create several nature conservation reserves; and
(ii)to make further provision in relation to the boundaries of several box-ironbark reserves; and
(c)to make minor amendments to the Mineral Resources Development Act 1990 and the Forests Act 1958 and the National Parks (Amendment) Act 1989.
2.Commencement
(1)This Act, other than Division 2 of Part 2 and Division 2 of Part 3, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Division 2 of Part 2 and Division 2 of Part 3 come into operation on a day or days to be proclaimed.
(3)If a provision in Division 2 of Part 3 does not come into operation before 27 February 2012, it comes into operation on that day.
(4)If a provision in Division 2 of Part 2 does not come into operation before 30 June 2005, it comes into operation on that day.
__________________
Part 2—Amendments to the National Parks Act 1975
Division 1—Miscellaneous Amendments to the National Parks Act 1975
3.Substitution of section 10
For section 10 of the National Parks Act 1975 substitute—
"10.National Parks Advisory Council
For the purposes of this Act, there is a National Parks Advisory Council consisting of 10 members of whom—
(a)one is the Secretary or his or her nominee;
(b)one is the Director;
(c)eight are appointed by the Governor in Council of whom—
(i)two must be persons with skills or experience relating to the preservation and the protection of parks;
(ii)one must be a person who is a professor or teacher of ecology, biology or earth science at a university in Victoria;
(iii)one must be a person with experience in local government who resides in a municipality in which there is a park;
(iv)four must be persons (at least two of whom reside outside the metropolitan area, as defined in section 201 of the Melbourne and Metropolitan Board of Works Act 1958) with experience in matters affecting the interests of the community.".
4.Repeal of ability of Council to act as committee of management
Section 11(1)(b) of the National Parks Act 1975 is repealed.
5.Repeal of power to appoint Council as committee of management
Section 12 of the National Parks Act 1975 is repealed.
6.Substitution of section 25B
For section 25B of the National Parks Act 1975 substitute—
"25B.Harvesting of a pine plantation in Lake Eildon National Park
Where the harvesting of a pine plantation is authorised by Part 7 of Schedule Two, the Secretary, with the consent of the Minister, may grant a licence to any person to take, sell or otherwise dispose of any such pine plantation, subject to such covenants, terms and conditions as are prescribed and subject to the payment of such rent, fees, royalties or charges as the Secretary determines.".
7.Repeal of power to enter into cattle grazing agreements at Mornington Peninsula National Park
Section 30(2) of the National Parks Act 1975 is repealed.
8.Repeal of reporting requirements for certain parks
Section 30L of the National Parks Act 1975 is repealed.
9.Repeal of section 32A
Section 32A of the National Parks Act 1975 is repealed.
10.Alpine Advisory Committee
For section 32AE(3) of the National Parks Act 1975 substitute—
"(3)The Alpine Advisory Committee consists of 16 persons appointed by the Minister comprising—
(a)a person to be the chairperson;
(b)five persons who have skills or experience relating to the preservation and protection of the park;
(c)five persons who have skills or experience relating to the recreational use of the park;
(d)one person who has skills or experience relating to commercial tourism activities in the park;
(e)two persons who have skills or experience relating to the grazing of cattle in the park;
(f)two persons who have skills or experience in local government and who reside in municipalities in which any part of the park is situated.".
11.Tenancies for surf lifesaving purposes
(1)In section 32B(1)(b) of the National Parks Act 1975—
(a) for "the Surf Lifesaving Association of Australia, Victorian State Centre (being a company within the meaning of the Corporations Act that is taken to be registered in Victoria)" substitute "Surf Life Saving Victoria";
(b)for "and which is affiliated with the company aforesaid" substitute "and which is affiliated with Surf Life Saving Victoria".
(2)After section 32B(1) of the National Parks Act 1975 insert—
"(1A)The Minister may, in writing, grant tenancies of land in any specified park that is abutting on or adjacent to the coastline of Victoria to Surf Life Saving Victoria, for use, by the members of a club that is affiliated with Surf Life Saving Victoria, for surf lifesaving purposes.".
(3)In section 32B(2) of the National Parks Act 1975, after "(1)" insert "or (1A)".
(4)In section 32B(3) of the National Parks Act 1975, after "(1)" insert "or (1A)".
(5)At the end of section 32B of the National Parks Act 1975 insert—
'(4)In this section—
"specified park" means—
(a)the park described in Part 4 of Schedule Two; or
(b)the park described in Part 21 of Schedule Two; or
(c)the park described in Part 15 of Schedule Three;
"surf lifesaving purposes" means purposes connected with the patrolling of any part of the coastline of Victoria by persons for the purpose of assisting other persons in difficulty in water and includes using land for accommodation and facilities associated with the patrolling and assisting activities;
"Surf Life Saving Victoria" means Surf Life Saving Victoria ACN 004 704 652.
(5)Despite the commencement of section 9 of the National Parks (Additions and Other Amendments) Act 2004, any tenancy in force under section 32A (as in force immediately before that commencement) continues in force on and from that commencement as if it were a tenancy granted under this section.'.
12.Repeal of powers to grant certain tenancies at Arthurs Seat State Park
Section 32C of the National Parks Act 1975 is repealed.
13.Authorities to search for minerals
In section 32D(1)(c) of the National Parks Act 1975, for "Schedule Four" substitute "Schedule Two".
14.Repeal of power to issue grazing licences at Lysterfield Park
Section 32FA of the National Parks Act 1975 is repealed.
15.Repeal of exceptions on prohibition on carrying or using spear guns in certain parks
Section 44(3) and section 44(4) of the National Parks Act 1975 are repealed.
16.Repeal of spent transitional provisions
Section 45A(9), section 45A(10), section 45A(11) and section 45A(12) of the National Parks Act 1975 are repealed.
17.Repeal of spent transitional provisions
(1)Sections 50, 50A and 50B of the National Parks Act 1975 are repealed.
(2)Section 50F(3) and section 50F(4) of the National Parks Act 1975 are repealed.
(3)Sections 50G, 50H, 50J and 53 of the National Parks Act 1975 are repealed.
18.Substitution of section 59
For section 59 of the National Parks Act 1975 substitute—
"59.Savings of appointments—National Parks Advisory Council—2004 Act
Despite the commencement of section 3 of the National Parks (Additions and Other Amendments) Act 2004—
(a)the National Parks Advisory Council is deemed to be the same body on and after the commencement of section 3 of that Act as it was before that commencement; and
(b)a person who was a member of the National Parks Advisory Council immediately before that commencement is deemed to continue to be a member of the Council on and from the commencement (subject to the conditions of that person's appointment) until the expiry of that person's term of appointment.
60.Savings of appointments—Alpine Advisory Committee—2004 Act
Despite the commencement of section 10 of the National Parks (Additions and Other Amendments) Act 2004—
(a)the Alpine Advisory Committee is deemed to be the same body on and after the commencement of section 10 of that Act as it was before that commencement; and
(b)a person who was a member of the Alpine Advisory Committee immediately before that commencement is deemed to continue to be a member of the Committee on and from the commencement (subject to the conditions of that person's appointment) until the expiry of that person's term of appointment.
61.Rights to cease—roads—2004 Act
(1)On the commencement of a sub-section of section 19 of the National Parks (Additions and Other Amendments) Act 2004 referred to in Column 1 of the Table to this sub-section, 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 sub-section of section 19, 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 other body, and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.
TABLE
Column 1
Column 2
Section 19(1)
N.P. 22/4
Section 19(2)
N.P. 83/4
Section 19(3)
N.P. 12/3
Section 19(4)
N.P. 13/2
Section 19(5)
N.P. 19/4
Section 19(7)
N.P. 42A/1
Section 19(8)
N.P. 61/3
Section 19(9)
N.P. 105A/1
Section 19(10)
N.P. 106/1
(2)On the commencement of section 20(4) of the National Parks (Additions and Other Amendments) Act 2004, the lands delineated and coloured yellow on the plan numbered N.P. 87/2 lodged in the Central Plan Office 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 other body, and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.
(3)On the commencement of a sub-section of section 21 of the National Parks (Additions and Other Amendments) Act 2004 referred to in Column 1 of the Table to this sub-section, 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 sub-section of section 21, 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 other body, and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.
TABLE
Column 1
Column 2
Section 21(1)
N.P. 38A/3
Section 21(1)
N.P. 38B/2
Section 21(3)
N.P. 52/5
62.Rights to cease—reserved forest—2004 Act
(1)On the commencement of a sub-section of section 19 of the National Parks (Additions and Other Amendments) Act 2004 referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office the number of which is referred to in Column 2 of the Table opposite the sub-section of section 19, cease to be reserved forest.
TABLE
Column 1 Column 2 Section 19(1) N.P. 22/4 Section 19(3) N.P. 12/3 Section 19(4) N.P. 13/2 Section 19(7) N.P. 42A/1 Section 19(9) N.P. 105A/1 Section 19(9) N.P. 105B/1 Section 19(10) N.P. 106/1 (2)On the commencement of a sub-section of section 20 of the National Parks (Additions and Other Amendments) Act 2004 referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured green on the plan lodged in the Central Plan Office the number of which is referred to in Column 2 of the Table opposite the sub-section of section 20, cease to be reserved forest.
TABLE
Column 1 Column 2 Section 20(5) N.P. 65/1 Section 20(6) N.P. 89A (3)On the commencement of section 21(1) of the National Parks (Additions and Other Amendments) Act 2004, the lands delineated and coloured green on the plan numbered N.P. 38B/2 lodged in the Central Plan Office cease to be reserved forest.
63.Heathcote-Graytown National Park—Land not affected by enactment of 2002 Act
Section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered N.P. 106 (as referred to in Part 42 of Schedule Two to this Act, as inserted by section 12 of that Act), did not include, as part of the park described in Part 42 of Schedule Two, the lands shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 106/1, being Crown Allotments 2, 3, 5, 6, 7 and 8, Section 28, Township of Graytown, Parish of Moormbool East, and Crown Allotment 75, Parish of Moormbool East.
64.Registrar of Titles to make necessary amendments to records
The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of any provision of the National Parks (Additions and Other Amendments) Act 2004.".
Division 2—Amendments Related to Parks and Other Areas
19.Amendment of Schedule Two
(1)In Part 3 of Schedule Two to the National Parks Act 1975—
(a)for "1522 hectares" substitute "2015 hectares";
(b)for "bordered red, excepting therefrom the roads shown as excluded" substitute "coloured pink or coloured green or coloured yellow";
(c)for "N.P. 22/3" substitute "N.P. 22/4";
(d)for "and also excepting from it the Tarra Valley Road" substitute "excepting therefrom the Tarra Valley Road".
(2)In Part 15 of Schedule Two to the National Parks Act 1975—
(a)for "11 100 hectares" substitute "11 160 hectares";
(b)after "situate" insert "partly";
(c)for "coloured pink" (where first occurring) substitute "coloured pink or coloured yellow";
(d)for "N.P. 83/3" substitute "N.P. 83/4".
(3)In Part 16 of Schedule Two to the National Parks Act 1975—
(a)for "396 hectares" substitute "565 hectares";
(b)for "bordered red" substitute "coloured pink or coloured green or coloured yellow";
(c)omit "prepared by the Surveyor-General";
(d)for "N.P. 12/2" substitute "N.P. 12/3".
(4)In Part 18 of Schedule Two to the National Parks Act 1975—
(a)for "5470 hectares" substitute "8375 hectares";
(b)for "bordered red" substitute "coloured pink or coloured green";
(c)omit "excepting therefrom the road shown as excluded";
(d)for "N.P. 13/1" substitute "N.P. 13/2".
(5)In Part 25 of Schedule Two to the National Parks Act 1975—
(a)for "357 017 hectares" substitute "361 770 hectares";
(b)for "bordered red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in plans" substitute "coloured pink or coloured yellow in the plan";
(c)for "N.P. 19/3 and N.P. 19A" substitute "N.P. 19/4".
(6)In Part 28 of Schedule Two to the National Parks Act 1975—
(a)for "875 km2" substitute "87 790 hectares";
(b)for "N.P. 30/5" substitute "N.P. 30/6".
(7)In Part 30 of Schedule Two to the National Parks Act 1975—
(a)for "21 565 hectares" substitute "21 560 hectares";
(b)for "N.P. 42/4 and N.P. 42A" substitute "N.P. 42/5 and N.P. 42A/1".
(8)In Part 34 of Schedule Two to the National Parks Act 1975—
(a)for "167 219 hectares" substitute "167 745 hectares";
(b)for "bordered red" substitute "coloured pink";
(c)for "also excepting therefrom the land bordered blue in the plans" substitute "in a plan";
(d)for "N.P. 61/2 and N.P. 61C" substitute "N.P. 61/3".
(9)In Part 41 of Schedule Two to the National Parks Act 1975—
(a)for "17 000 hectares" substitute "17 020 hectares";
(b)omit "or coloured grey";
(c)omit "excepting therefrom the roads shown as excluded";
(d)for "N.P. 105A and N.P. 105B" substitute "N.P. 105A/1 and N.P. 105B/1";
(e)after "the land surface" insert "and, in the case of that part of Crown Allotments 260K and 260U, Section H, Parish of Sandhurst that is included in the park and that is at or above a depth of 100 metres below the land surface".
(10)In Part 42 of Schedule Two to the National Parks Act 1975—
(a)omit "or coloured green";
(b)for "N.P. 106" substitute "N.P. 106/1".
20.Amendment of Schedule Two B
(1)In Part 1 of Schedule Two B to the National Parks Act 1975, omit the paragraph commencing with the words "Notwithstanding the declaration of the land as a park" and ending with the words "park management activities.".
(2)In Part 2 of Schedule Two B to the National Parks Act 1975—
(a)for "572 hectares" substitute "558 hectares";
(b)for "bordered black and, within that border, coloured pink or yellow" substitute "coloured pink";
(c)for "N.P. 36/5" substitute "N.P. 36/6".
(3)In Part 3 of Schedule Two B to the National Parks Act 1975, omit the paragraph commencing with the words "Notwithstanding" and ending with the words "may be harvested.".
(4)In Part 5 of Schedule Two B to the National Parks Act 1975—
(a)for "16 560 hectares" substitute "16 655 hectares";
(b)for "bordered red or bordered green" substitute "coloured pink or coloured yellow";
(c)omit ", excepting therefrom the roads shown as excluded, also excepting therefrom land delineated and bordered blue";
(d)for "N.P. 87/1" substitute "N.P. 87/2".
(5)In Part 16 of Schedule Two B to the National Parks Act 1975—
(a)for "2695 hectares" substitute "3000 hectares";
(b)for "bordered red or bordered green or coloured yellow" substitute "coloured pink or coloured green";
(c)omit "excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue";
(d)for "N.P. 65" substitute "N.P. 65/1".
(6)In Part 17 of Schedule Two B to the National Parks Act 1975—
(a)for "142.5 km2" substitute "20 180 hectares";
(b)for "Coornmill and Myrniong" substitute "Coornmill, Myrniong and Yangardook";
(c)for "in a plan" substitute "or coloured pink or coloured green in plans";
(d)after "N.P. 89/2" insert "and N.P. 89A";
(e)omit—
(i)the paragraph beginning with "Notwithstanding" and ending with "the following conditions:"; and
(ii)the paragraph beginning with "Extraction" and ending with "condition of the forest.".
(7)In Part 19 of Schedule Two B to the National Parks Act 1975—
(a)for "6292 hectares" substitute "6330 hectares";
(b)omit "(including the land bordered green on plan LEGL/93–120)";
(c)for "bordered red or bordered green" substitute "coloured pink";
(d)for "the roads shown as excluded also excepting therefrom land bordered blue or coloured brown also excepting therefrom the land coloured green on plan No. LEGL/93–120 and" substitute "the land delineated and coloured brown";
(e)for "N.P. 66" substitute "N.P. 66/1".
(8)In Part 20 of Schedule Two B to the National Parks Act 1975—
(a)for "5061 hectares" substitute "7470 hectares";
(b)after "Gymbowen" insert ", Kalingur";
(c)for "bordered red or coloured yellow" substitute "coloured pink";
(d)omit "excepting therefrom the roads shown as excluded";
(e)for "N.P. 81/2" substitute "N.P. 81/3.".
21.Amendment of Schedule Three
(1)In Part 1 of Schedule Three to the National Parks Act 1975—
(a)for "BEECHWORTH PARK" substitute "BEECHWORTH HISTORIC PARK";
(b)for "1 080 hectares" substitute "1090 hectares";
(c)for "Beechworth and El Dorado" substitute "Beechworth, El Dorado and Stanley";
(d)for "bordered red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue" substitute "coloured pink or coloured green or coloured yellow";
(e)for "N.P. 38A/2 and N.P. 38B/1" substitute "N.P. 38A/3 and N.P. 38B/2";
(f)omit ", also excepting therefrom the land indicated by hatching on a plan lodged in the Central Plan Office and numbered N.P. 38C".
(2)In Part 4 of Schedule Three to the National Parks Act 1975—
(a)for "704 hectares" substitute "820 hectares";
(b)for "bordered red excepting therefrom the land bordered blue" substitute "coloured pink";
(c)for "N.P. 75/1" substitute "N.P. 75/2".
(3)In Part 13 of Schedule Three to the National Parks Act 1975—
(a)for "STEIGLITZ PARK " substitute "STEIGLITZ HISTORIC PARK";
(b)for "469 hectares" substitute "425 hectares";
(c)for "Parish of Durdidwarrah" substitute "Parishes of Durdidwarrah and Moreep";
(d)for "bordered red excepting therefrom the roads shown as excluded also excepting therefrom the land bordered blue" substitute "coloured pink or coloured yellow excepting therefrom the road shown as excluded";
(e)for "N.P. 52/4" substitute "N.P. 52/5".
22.Amendment of Schedule Four
In Part 8 of Schedule Four to the National Parks Act 1975—
(a)for "7500 hectares" substitute "7540 hectares";
(b)omit "or coloured green or coloured yellow";
(c)omit "of the Department of Natural Resources and Environment";
(d)for "N.P. 109A, N.P. 109B and N.P. 109C" substitute "N.P. 109A/1, N.P. 109B/1 and N.P. 109C/1".
23.Amendment of Schedule Six
In Part 17 of Schedule Six to the National Parks Act 1975—
(a)for "6500 hectares" substitute "6200 hectares";
(b)for "N.P.R.N.A. 17" substitute "N.P.R.N.A. 17/1".
24.Further amendments to the National Parks Act 1975
The National Parks Act 1975 is amended as set out in Schedule 1.
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Part 3—Amendments to the Crown Land (Reserves) Act 1978
Division 1—General Amendments to the Crown Land (Reserves) Act 1978
25.Definitions
In section 3 of the Crown Land (Reserves) Act 1978 insert the following definition—
' "Central Plan Office" means the Central Plan Office of the Department of Sustainability and Environment;'.
26.Secretary to manage Castlemaine Diggings National Heritage Park
In section 18(1A) of the Crown Land (Reserves) Act 1978, for "land described in section 31" substitute "land described in Division 1 of Part 2 of the Fifth Schedule".
27.Insertion of new heading in Part 6
After the heading to Part 6 of the Crown Land (Reserves) Act 1978 insert—
"Division 1—Miscellaneous Reserves".
28.Repeal of certain sections
Sections 31, 32, 40, 42 and 43 of the Crown Land (Reserves) Act 1978 are repealed.
29.Amendment of reference to Central Plan Office
In sections 35, 36, 37, 38, 39 and 41 of the Crown Land (Reserves) Act 1978, omit "of the Department of Natural Resources and Environment".
30.Insertion of new Divisions 2, 3 and 4 in Part 6
For section 44 of the Crown Land (Reserves) Act 1978 substitute—
"Division 2—Fifth Schedule Reserves
44.Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves
Each area of land described in a Division of Part 1 of the Fifth Schedule is deemed to be reserved under section 4 for public purposes being, in particular, the purposes of nature conservation and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.
45.Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves
Each area of land described in a Division of Part 2 of the Fifth Schedule is deemed to be reserved under section 4 for public purposes being, in particular, the purposes of the protection of cultural and natural heritage and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.
46.Land in Part 3 of Fifth Schedule deemed to be natural features reserves
Each area of land described in a Division of Part 3 of the Fifth Schedule is deemed to be reserved under section 4 for public purposes, being in particular, the purposes of the protection of natural features and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.
47.Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves
Each area of land described in a Division of Part 4 of the Fifth Schedule is deemed to be reserved under section 4 for public purposes, being in particular, the purposes of the protection of historic and cultural features and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.
Division 3—Transitional Provisions Relating to Reserves
48.Cessation of interests and rights—2004 Act
(1)On the commencement of Division 1 of Part 3 of the National Parks (Additions and Other Amendments) Act 2004—
(a)any reservation, under this or any other Act, of an area of land described in a Division of a Part 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 any such area of 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 this Act, the Extractive Industries Development Act 1995, the Forests Act 1958, the Land Act 1958, the Mineral Resources Development Act 1990, the Petroleum Act 1998 or the Water Act 1989 and in force immediately before that commencement continues in force on and after that commencement subject to its terms and conditions.
(2)On the commencement of Division 1 of Part 3 of the National Parks (Additions and Other Amendments) Act 2004, the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./04–032, LEGL./04–036, LEGL./04–039, LEGL./04–040,
LEGL./04–042 and LEGL./04–043 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 other body and incidental to any express or implied grant or past dedication or supposed dedication or any past user or fiction of law cease and determine.
(3)On the commencement of Division 1 of Part 3 of the National Parks (Additions and Other Amendments) Act 2004, the lands delineated and coloured green on the plans lodged in the Central Plan Office and numbered LEGL./04–033, LEGL./04–034, LEGL./04–037, LEGL./04–038 and LEGL./04–040 cease to be reserved forest.
(4)On the commencement of Division 1 of Part 3 of the National Parks (Additions and Other Amendments) Act 2004, the lands delineated and coloured brown on the plans lodged in the Central Plan Office and numbered LEGL./04–034 and
LEGL./04–040 cease to be reserved forest.
49.Castlemaine Diggings National Heritage Park, Tungamah and Youarang Natural Features Reserves—Land not affected by enactment of 2002 Act
(1)Section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered N.P. 109A (as referred to in section 31, as inserted by section 18 of that Act), did not include, as part of the land described in section 31, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 109A/1, being Crown Allotment 23B, Section A2, Parish of Faraday.
(2)Section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered N.P. 109B (as referred to in section 31, as inserted by section 18 of that Act), did not include, as part of the land described in section 31, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 109B/1, being—
(a)Crown Allotment 25, Section B3, Parish of Castlemaine; and
(b)Crown Allotment 1, Section 14, Parish of Fryers; and
(c)Crown Allotment 10A, Section 3B, Township of Fryerstown, Parish of Fryers.
(3)Section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered N.P. 109C (as referred to in section 31, as inserted by section 18 of that Act), did not include, as part of the land described in section 31, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 109C/1, being Crown Allotment 6A, Section 3A, Parish of Fryers.
(4)Section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered LEGL./02–074 (as referred to in section 40, as inserted by section 18 of that Act), did not include, as part of the reserve described in section 40, the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./04–039, being Crown Allotment 1, Section 10A, Township of Lake Rowan, Parish of Karrabumet.
(5)Section 18 of the National Parks (Box-Ironbark and Other Parks) Act 2002 is deemed to have been enacted as if the plan, lodged in the Central Plan Office and numbered LEGL./02–076 (as referred to in section 42, as inserted by section 18 of that Act), did not include, as part of the reserve described in section 42, the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./04–043, being—
(a)Crown Allotment 7, Section A, Parish of Youarang; and
(b)Crown Allotment 21A, Section A, Parish of Waggarandall.
Division 4—Miscellaneous
50.Registrar of Titles to make necessary amendments to records
The Registrar of Titles, on being requested to do so and on submission of any relevant certificate of title or other document, must make any amendments to the Register under the provisions of the Transfer of Land Act 1958 that are necessary because of the operation of any provision of the National Parks (Additions and Other Amendments) Act 2004.".
31.Further amendments to the Crown Land (Reserves) Act 1978
The Crown Land (Reserves) Act 1978 is amended as set out in Schedule 2.
Division 2—Amendments Related to Additions to Wychitella Nature Conservation Reserve
32.Addition of land to Wychitella Nature Conservation Reserve
In Division 8 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978, omit ", excluding the areas delineated and coloured pink and hatched on that plan".
33.Insertion of new section 49A
After the heading to Division 4 of Part 6 of the Crown Land (Reserves) Act 1978 insert—
"49A.Transitional Provision—Addition to Wychitella Nature Conservation Reserve
On the commencement of Division 2 of Part 3 of the National Parks (Additions and Other Amendments) Act 2004—
(a)any reservation, under this or any other Act, of an area of the land delineated and coloured pink and hatched on the plan numbered LEGL./04–042, that was in force immediately before that commencement, is revoked; and
(b)any regulations made under section 13 of this Act that applied to any such area of 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 this Act, the Extractive Industries Development Act 1995, the Land Act 1958, the Mineral Resources Development Act 1990 or the Petroleum Act 1998 and in force immediately before that commencement continues in force on and after that commencement subject to its terms and conditions.".
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Part 4—Amendments to Other Acts
34.Amendment of Schedule 3 to the Mineral Resources Development Act 1990—Interpretation of restricted Crown land
(1)For clause 1 of Schedule 3 to the Mineral Resources Development Act 1990 substitute—
'(1)In this Schedule—
"relevant recommendation" means a recommendation that proposes that land is to be reserved under the Crown Land (Reserves) Act 1978 for any of the following purposes—
(a)regional parks;
(b)coastal parks (including Gippsland Lakes Reserve);
(c)marine parks;
(d)flora or flora and fauna reserves;
(e)wildlife reserves (including Wildlife Management Co-Operative Areas);
(f)natural features and scenic reserves (including caves and geological reserves);
(g)bushland reserves;
(h)historic areas or historic reserves;
(i)public land water frontage reserves;
(j)streamside reserves (including River Murray Reserve);
(k)coastal reserves;
(l)national heritage parks;
(m)nature conservation reserves;
(n)historic and cultural features reserves.
(1A)Any land that is the subject of a relevant recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001.
(1B)Any land—
(a)to which sub-clause (1A) does not apply; and
(b)that is not the subject of any other recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001—
if that land is the subject of a relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force).'.
(2)For clause 4A of Schedule 3 to the Mineral Resources Development Act 1990 substitute—
"4A.Any land that is described in section 37, 38, 39 or 41 of the Crown Land (Reserves) Act 1978 or Divisions 1 and 2 of Part 3 and Division 1 of Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978".
35.Amendment of the Forests Act 1958
Section 62(1A)(a) of the Forests Act 1958 is repealed.
36.Amendment of the National Parks (Amendment) Act 1989
In section 29(3) of the National Parks (Amendment) Act 1989—
(a)for "6470 hectares" substitute "6510 hectares";
(b)for "bordered red or bordered green" substitute "coloured pink";
(c)omit "and the roads shown as excluded also excepting therefrom land bordered blue";
(d)omit "of the Department of Property and Services";
(e)for "N.P. 66" substitute "N.P. 66/1".
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SCHEDULES
SCHEDULE 1
Insertion of Schedule One A in the National Parks Act 1975
After Schedule One to the National Parks Act 1975 insert—
'SCHEDULE ONE A
Native Title Not Affected
1.Definitions
In this Schedule—
"affect" has the same meaning as in the Native Title Act 1993 of the Commonwealth;
"native title rights and interests" has the same meaning as in the Native Title Act 1993 of the Commonwealth.
2.Native Title not affected by the National Parks (Additions and Other Amendments) Act 2004
(1) The amendments made to this Act by the National Parks (Additions and Other Amendments) Act 2004 are not intended to affect native title rights and interests.
(2) Sub-section (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.'.
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SCHEDULE 2
Insertion of Fifth Schedule in the Crown Land (Reserves) Act 1978
After the Fourth Schedule to the Crown Land (Reserves) Act 1978 insert—
"FIFTH SCHEDULE
Part 1—Nature conservation reserves
DIVISION 1—GLENMAGGIE NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–033.
DIVISION 2—GOBARUP NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–034.
DIVISION 3—JILPANGER NATURE CONSERVATION RESERVE
The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./04–035.
DIVISION 4—MARBLE GULLY-MOUNT TAMBO NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–036.
DIVISION 5—MOUNT ELIZABETH NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–037.
DIVISION 6—TALLAGEIRA NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured green on the plan lodged in the Central Plan Office and numbered LEGL./04–038.
DIVISION 7—WEHLA NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured green or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–040.
DIVISION 8—WYCHITELLA NATURE CONSERVATION RESERVE
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–042, excluding the areas delineated and coloured pink and hatched on that plan.
part 2—cultural and natural heritage reserves
DIVISION 1—CASTLEMAINE DIGGINGS NATIONAL HERITAGE PARK
All those pieces and parcels of land containing 7540 hectares, more or less, situate in the Township of Freyerstown and the Parishes of Castlemaine, Chewton, Faraday, Fryers, Holcombe and Yandoit, County of Talbot, being the land delineated and coloured pink in plans lodged in the Central Plan Office and numbered N.P. 109A/1, N.P. 109B/1 and N.P. 109C/1, to the extent that that land is at or above a depth of 100 metres below the land surface.
Part 3—Natural features reserves
DIVISION 1—TUNGAMAH NATURAL FEATURES RESERVE
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–039.
DIVISION 2—YOUARANG NATURAL FEATURES RESERVE
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–043.
Part 4—historic and cultural features reserves
DIVISION 1—ELDORADO HISTORIC RESERVE
The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./04–032.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 3 June 2004
Legislative Council: 15 September 2004
The long title for the Bill for this Act was "to amend the National Parks Act 1975 and the Crown Land (Reserves) Act 1978 and to make minor amendments to the Mineral Resources Development Act 1990, the Forests Act 1958 and the National Parks (Amendment) Act 1989 and for other purposes."
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