Untitled document

National Parks (Amendment) Act 2000

Act No. 50/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENT OF THE NATIONAL PARKS ACT 1975 3

3.	Principal Act	3
4.	Definitions	3
5.	Functions of National Parks Advisory Council	3
6.	Insertion of new section 27B	3

27B. Native title not to be affected by amendments 3

7.	Deer hunting in the Alpine National Park	4
8.	Insertion of new Part IX	4
PART IX—FURTHER TRANSITIONAL PROVISIONS	4

53.          National Parks (Amendment) Act 2000—Cessation of

rights 4

54.          National Parks (Amendment) Act 2000—Registrar of

Titles to make necessary amendments 4

55.          National Parks (Amendment) Act 2000—Continuation

of alpine and bush grazing licences 5

56.          National Parks (Amendment) Act 2000—Continuation

of leases 5

57.          National Parks (Amendment) Act 2000—Continuation

of grazing licences under Land Act 1958 6

58.          National Parks (Amendment) Act 2000—Continuation

of grazing licences under Forests Act 1958 7

9.	Amendment of Schedule Two	7
10.	Amendment of Schedule Two B	8
11.	Amendment of Schedule Three	8

PART 3—AMENDMENT OF OTHER ACTS 9

i

Section Page

12. Amendment of Alpine Resorts Act 1983—Substitution of

section 22 9

22. Construction of reference 9

13. Amendment of the Alpine Resorts (Management) Act 1997—

Repeal of sections 63, 64, 65 and 73 9

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NOTES 10

ii

Victoria

No. 50 of 2000

National Parks (Amendment) Act 2000†

[Assented to 14 June 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the National Parks Act 1975—

(i)  to provide for land to be included in the Alpine National Park; and

(ii)  to make further provision for parks in that Act; and

National Parks (Amendment) Act 2000

Act No. 50/2000 s. 2

(b)	to make other miscellaneous amendments to the National Parks Act 1975; and
(c)	to amend the Alpine Resorts Act 1983 and the Alpine Resorts (Management) Act 1997.

2. Commencement

(1) Sections 1 and 6 and this section come into

operation on the day after the day on which this

Act receives the Royal Assent.

(2) Section 9(3) is deemed to have come into

operation on the day on which section 10(2) of the
National Parks (Alpine National Park) Act

1989 came into operation.

(3) The remaining provisions of this Act come into

operation on a day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 February 2001, it

comes into operation on that day.

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National Parks (Amendment) Act 2000

s. 3 Act No. 50/2000

PART 2—AMENDMENT OF THE NATIONAL PARKS ACT

1975

3. Principal Act

No. 8702.	In this Part the National Parks Act 1975 is called
Reprint No. 7
as at	the Principal Act.
1 July 1999.

4. Definitions

In paragraph (b) of the definition of "designated water supply catchment area" in section 3(1) of the Principal Act, before "the area of land" insert

"Crown Allotments 1, A and C, Parish of
Manango and that portion of Crown Allotment B,
Parish of Taponga south of the Warburton–Woods

Point Road and".

5. Functions of National Parks Advisory Council

(1) After section 11(1)(a) of the Principal Act

insert—

"(aa) to advise the Minister on any proposed

excision from a park referred to it by the

Minister;".

(2) After section 11(2) of the Principal Act insert—

"(3) The Minister must cause a copy of any

advice received under sub-section (1)(aa) to
be laid before both Houses of Parliament

within 10 sitting days after it is received.".

6. Insertion of new section 27B

After section 27A of the Principal Act insert—

"27B. Native title not to be affected by

amendments

The amendments made to this Act by the
National Parks (Amendment) Act 2000 are

National Parks (Amendment) Act 2000

Act No. 50/2000 s. 7

not intended to affect native title rights and

interests.".

7. Deer hunting in the Alpine National Park

In section 37(8) of the Principal Act—

(a) after "marked A21 and shown by light shading or open circle pattern" insert "or marked WONG. and shown by hatching";

(b) for "N.P. 70/1f" substitute "N.P. 70/4f".

8. Insertion of new Part IX

After Part VIII of the Principal Act insert—

'PART IX—FURTHER TRANSITIONAL

PROVISIONS

53.	National Parks (Amendment) Act 2000— Cessation of rights
National Parks (Amendment) Act 2000, the lands delineated by a green border on the plan numbered N.P. 70/1h referred to in

On the commencement of section 9(2) of the reserved forest.

54.

National Parks (Amendment) Act 2000— amendments

The Registrar of Titles, on being requested to
do so and on submission of any relevant
folio of the register or other document, must
make any amendments in the Register under
the Transfer of Land Act 1958 that are
necessary because of the operation of any
provision of the National Parks
(Amendment) Act 2000.

National Parks (Amendment) Act 2000

s. 8 Act No. 50/2000

55.  National Parks (Amendment) Act 2000— Continuation of alpine and bush grazing licences

(1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000 any licence over the hatched land,

to which section 64 of the Alpine Resorts
(Management) Act 1997 applied
immediately before that commencement,
continues in force and may be dealt with as a
licence issued under section 32AD(1) of this
Act.

(2) In this section "hatched land" means the

land shown hatched on the plan lodged in the
Central Plan Office and numbered N.P.
70/1i.

56. National Parks (Amendment) Act 2000—
Continuation of leases

Despite the commencement of section 9(2) of the National Parks (Amendment) Act 2000—

(a)	the lease entitled "Tunnel under Falls Creek Alpine Resort" granted by the Minister for Conservation and Land Management to Infratil Australia Hydro
Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over Crown Allotment 10E, Parish of Darbalang, with a commencement date of 18 December 1997, in so far as it applies to land to which section 9(2) applies, continues in force as if it were a lease granted under this Act;

National Parks (Amendment) Act 2000

Act No. 50/2000 s. 8

(b) of Part Rocky Valley Reservoir"
granted by the Minister for
Conservation and Land Management to
Infratil Australia Hydro Pty Ltd
ACN 080 429 901, Kanina Willows Pty
Ltd ACN 080 735 815 and Contact
Hydro Australia Pty Ltd ACN

the lease entitled "Northern Foreshore Allotments 9H and 9J, Parish of Darbalang, with a commencement date of 18 December 1997, continues in force as if it were a lease granted under this Act.

57. National Parks (Amendment) Act 2000—
Continuation of grazing licences under
Land Act 1958

(1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, any grazing

licence granted under Division 8 of Part 1 of the Land Act 1958 over the land delineated by a red border on the plan numbered N.P.
70/1h referred to in Part 37 of Schedule Two
and existing immediately before that
commencement, continues in force and may
continue to be dealt as a licence under
Division 8 of Part I of the Land Act 1958.

(2) Despite anything to the contrary in this Act,

Division 8 of Part I of the Land Act 1958
continues to apply to permit a grazing
licence to be granted to the holder of a
grazing licence referred to in sub-section (1)
in respect of the land covered by that licence,
and any licence so granted may be dealt with
as a grazing licence under Division 8 of
Part 1 of that Act.

National Parks (Amendment) Act 2000

s. 9 Act No. 50/2000

58. National Parks (Amendment) Act 2000—
Continuation of grazing licences under
Forests Act 1958

(1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, any grazing

licence granted under section 52 of the
Forests Act 1958 over the land delineated
by a green border on the plan numbered N.P.
70/1h referred to in Part 37 of Schedule Two
and existing immediately before that
commencement, continues in force and may
continue to be dealt with as a licence under
section 52 of the Forests Act 1958.

(2) Despite anything to the contrary in this Act,

section 52 of the Forests Act 1958 continues
to apply to permit a grazing licence to be
granted to the holder of a licence referred to
in sub-section (1) in respect of the land
covered by that licence, and any licence so
granted may be dealt with as a licence under
section 52 of that Act.'.

9. Amendment of Schedule Two

(1) In Part 20 of Schedule Two to the Principal Act— (a) for "121 hectares" substitute "134 hectares"; (b) for "N.P. 15/2" substitute "N.P. 15/3".

(2) In Part 37 of Schedule Two to the Principal Act—

(a) for "containing 1800 hectares more or less and 645 615 hectares, more or less," substitute "containing 660 550 hectares, more or less,";

(b) for "N.P. 70/1c" substitute "N.P. 70/2c";

(c) for "and N.P. 70/1g" substitute ", N.P. 70/1g and N.P. 70/1h";

National Parks (Amendment) Act 2000

Act No. 50/2000 s. 10

(d) omit "also excepting therefrom the area shown hatched on the plan lodged in the Central Plan Office and numbered

A.R.A. 2/1".

(3) In Part 37 of Schedule Two to the Principal Act,

for "coloured blue" substitute "bordered blue".

(4) In Part 39 of Schedule Two to the Principal Act—

(a)	for "760 square kilometres" substitute "76 003 hectares";
(b)	after "coloured yellow" insert "and that portion of Crown Allotment B, Parish of Taponga south of the Warburton–Woods Point Road";
(c)

for "land bordered blue" substitute "that part include Crown Allotments 1, A and C, Parish of Manango".

10. Amendment of Schedule Two B

In Part 13 of Schedule Two B to the Principal

Act—

(a) for "7273 hectares" substitute "7367 hectares";

(b) for "N.P. 72/3" substitute "N.P. 72/4".

11. Amendment of Schedule Three

In Part 6 of Schedule Three to the Principal Act—

(a) for "17 584 hectares" substitute "17 600 hectares";

(b) for "N.P. 46A/4" substitute "N.P. 46A/5"; (c) for "N.P. 46C/4" substitute "N.P. 46C/5".

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National Parks (Amendment) Act 2000

s. 12 Act No. 50/2000

PART 3—AMENDMENT OF OTHER ACTS

No. 9974.	12. Amendment of Alpine Resorts Act 1983—Substitution
Reprint No. 3
as at 30 April	of section 22
1998.

For section 22 of the Alpine Resorts Act 1983
substitute—
'22. Construction of reference

On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, in the Order in Council made

under this Act on 16 April 1985 and
published in the Government Gazette on
17 April 1985, a reference to 'the plan
numbered ARA No. 2 and entitled "Falls
Creek Alpine Resort" lodged in the Central
Plan Office of the Division of Survey and
Mapping, Department of Conservation,
Forests and Lands, Melbourne on 25 March
1985' is to be construed as a reference to "the
plan numbered A.R.A. 2/2 lodged in the

Central Plan Office".'.

No. 89/1997.	13. Amendment of the Alpine Resorts (Management) Act
Reprint No. 1
as at	1997—Repeal of sections 63, 64, 65 and 73
15 December

1998. Sections 63, 64, 65 and 73 of the Alpine Resorts (Management) Act 1997 are repealed.

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National Parks (Amendment) Act 2000

Act No. 50/2000 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 4 May 2000

Legislative Council: 1 June 2000

The long title for the Bill for this Act was "to amend the National Parks
Act 1975, the Alpine Resorts Act 1983 and the Alpine Resorts
(Management) Act 1997 and for other purposes."