Untitled document

Heritage Rivers (Amendment) Act 1998

Act No. 32/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Definitions	2
5.	Amendment of section 15	2
6.	Amendment of Schedule 1	3
7.	Further amendment of Schedule 1	7
8.	New section 23 inserted	8

23. Further transitional and savings provisions 8

9. Statute law revision 9

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NOTES 10

i

Victoria

No. 32 of 1998

Heritage Rivers (Amendment) Act 1998†

[Assented to 19 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make further provision about heritage river areas.

2. Commencement

(1) Subject to sub-sections (2) and (3), this Act comes

into operation on the day on which it receives the
Royal Assent.

Heritage Rivers (Amendment) Act 1998

Act No. 32/1998 s. 3

(2) Sections 5 and 6 are deemed to have come into

operation on 10 September 1992.

(3) Section 7 is deemed to have come into operation

on 4 June 1997.

3. Principal Act

In this Act, the Heritage Rivers Act 1992 is	No. 36/1992.
called the Principal Act.

4. Definitions

In section 3 of the Principal Act insert—
' "bank", in relation to a river or creek, has the

same meaning as in section 384(1) of the Land Act 1958 but does not include land over which water of the river or creek

normally flows;

"bed", in relation to a river or creek, has the same

meaning as in section 384(1) of the Land
Act 1958;

"left bank", in relation to a river or creek, means
the left bank when facing downstream;

"right bank", in relation to a river or creek,

means the right bank when facing

downstream;'.

5. Amendment of section 15

In section 15 of the Principal Act for sub-section
(2) substitute—

"(2) An instrument made, granted or issued under

any Act is of no effect to the extent that it
authorises, or purports to authorise, the
carrying on of activities in contravention of
sub-section (1).".

Heritage Rivers (Amendment) Act 1998

s. 6 Act No. 32/1998

6. Amendment of Schedule 1

(1) For Part 1 of Schedule 1 of the Principal Act

substitute—

"PART 1—MITTA MITTA RIVER HERITAGE

AREA

The bed and banks of the Big River, County of Bogong and the Mitta Mitta River between the downstream edge of the Big River Bridge on the Omeo Highway and a point on the right bank of the Mitta Mitta River directly west of the southernmost corner of Crown allotment 18 Parish of Mowamba, and all public land adjoining that length of river within 200 metres of each bank except on the right bank of the Big River and Mitta Mitta River downstream from the point where the left bank of the Bundara River meets the right bank of the Big River for a distance of 4·82 kilometres where all public land between the right bank and the edge of the Omeo Highway nearest to the Big River or Mitta Mitta River is included.".

(2) For Part 4 of Schedule 1 of the Principal Act

substitute—

"PART 4—BIG RIVER HERITAGE AREA

The bed and banks of the Big River in the County of Wonnangatta between the point where the right bank of Springs Creek meets the right bank of the Big River and the point where the left bank of Fryer Creek meets the right bank of the Big River and all public land adjoining that length of river within 200 metres of each bank.".

(3) For Part 8 of Schedule 1 of the Principal Act

substitute—

'PART 8—BEMM, GOOLENGOOK, ARTE AND

ERRINUNDRA RIVERS HERITAGE AREA

(a) The bed and banks of the Errinundra River (East Branch) and the Errinundra, Bemm, Goolengook and Arte Rivers between the points marked A and M and between the points marked G and F and between the points marked D and I on the plan lodged in the

Heritage Rivers (Amendment) Act 1998

Act No. 32/1998 s. 6

Central Plan Office and numbered LEGL./98-37 (in this Part called "the Bemm plan"); and

(b)	the public land shown hatched on the inset marked A on the Bemm plan comprising the bed and banks of Sydenham Inlet, adjoining public land, Crown allotment 20 and part of Crown allotment 2A, Parish of Bemm; and
(c)

those parts of the Errinundra National Park defined on numbered N.P. 92/1 within 200 metres of each bank of the Errinundra River (East Branch) and Errinundra River between the points marked A and C and within 200 metres of each bank of the Goolengook River between the points marked D and F on the Bemm plan; and

(d) all public land, not within the Errinundra National Park, within—

(i)  100 metres of each bank of the Errinundra River between the points marked B and C on the Bemm plan; and

(ii)  100 metres of each bank of the Goolengook River between the points marked E and F on the Bemm plan; and

(iii)  100 metres of the right bank of the Arte River between the points marked G and H on the Bemm plan, and between the left bank of that length of river and a line 100 metres from the centreline of the Glen Arte Road in a northerly direction; and

(iv)  100 metres of each bank of the Arte River between the points marked H and F on the Bemm plan; and

(v)  150 metres of each bank of the Goolengook River between the points marked F and I on the Bemm plan; and

(vi)  150 metres of each bank of the Bemm River between the points marked C and J on the Bemm plan; and

(vii)  200 metres of the left bank of the Bemm River between the points marked K and L on the Bemm plan; and

Heritage Rivers (Amendment) Act 1998

s. 6 Act No. 32/1998

(viii)  200 metres of each bank of the Bemm River between the points marked L and M on the Bemm plan; and

(e) Parish of Purgagoolah and Crown allotment 3A

the public land south of Crown allotments 3 and 3B boundary of Crown allotment 3 Parish of Nungal to the Princes Highway and between the western edge of the Princes Highway and the eastern edge of Euchre Valley Drive; and

(f) the public land between the right bank of the Bemm River downstream of the Princes Highway, a line extending due west from the point where the right bank of the Bemm River meets the left bank of Cobbler Creek to the Princes Highway, and the eastern edge of the Princes Highway in a northerly direction to the right bank of the Bemm River.'.

(4) For Part 13 of Schedule 1 of the Principal Act

substitute—

"PART 13—THOMSON RIVER HERITAGE

AREA

The bed and banks of the Thomson River between the downstream edge of the Thomson Dam wall and a point on the right bank of that river in line with the western boundary of Crown allotment 125A Parish of Toongabbie North and all public land adjoining that length of river within—

(a)	200 metres of each bank upstream of the point where the right bank of the Thomson River meets the left bank of Coopers Creek; and
(b)	300 metres of each bank downstream of the point where the right bank of the Thomson River meets the left bank of Coopers Creek.".

(5) For Part 15 of Schedule 1 of the Principal Act

substitute—

"PART 15—LERDERDERG RIVER HERITAGE

AREA

Heritage Rivers (Amendment) Act 1998

Act No. 32/1998 s. 6

The bed and banks of the Lerderderg River between the downstream edge of the Roach Road crossing and the point where the river crosses the boundary of the southern extremity of Lerderderg State Park defined in the plan lodged in the Central Plan Office and numbered N.P. 89/1 and—

(a)	that part of the Lerderderg State Park shaded grey on the plan lodged in the Central Plan Office and numbered LEGL./98-38; and
(b)	all public land within 250 metres of the left bank of that river between the points marked A and B on the plan LEGL./98-38; and
(c)	that part of the public purposes reserve (Government Gazette 1881 page 1389) adjoining the left bank of that river between the points marked B and C on the plan LEGL./98-38; and
(d)	on the right bank of that river between the point marked A on the plan LEGL./98-38 and a point on the right bank of that river in line with the northern boundary of Crown allotment 53 Parish of Blackwood, all public land within 100 metres from that bank or the northern edge of the Lerderderg Road, whichever is the greater distance from that bank; and
(e)	that part of the public purposes reserve (Government Gazette 1881 page 1389) adjoining the right bank of that river between a point on the right bank of that
river in line with the northern boundary of Crown allotment 53 Parish of Blackwood and the point marked C on the plan LEGL./98-38.".

(6) For Part 16 of Schedule 1 of the Principal Act

substitute—

"PART 16—AIRE RIVER HERITAGE AREA

The bed and banks of the Aire River between a point on the left bank of that river in line with the eastern boundary of

Heritage Rivers (Amendment) Act 1998

s. 6

s. 7 Act No. 32/1998

Crown allotment 29E Parish of Olangolah and the low water mark at the mouth of that river and all public land adjoining that length of river comprising—

(a) the public land within 50 metres of each bank between a point on the left bank of that river in line with the eastern boundary of Crown allotment 29E Parish of Olangolah and a point on the right bank of that river in line with the western boundary of Crown allotment 34D Parish of Weeaproinah; and

(b) Crown allotment 29E Parish of Olangolah; and

(c)	the public land within 100 metres of each bank between a point on the right bank of that river in line with the western boundary of Crown allotment 34D Parish of Weeaproinah and a point on the left bank of that river 400 metres upstream of the point where the left bank of the Aire River meets the right bank of Clearwater Creek; and
(d)	the public land within 200 metres of each bank between a point on the left bank of that river 400 metres upstream of the point where the left bank of the Aire River meets the right bank of Clearwater Creek and the point where that river crosses the boundary of the Otway National Park defined on the plan lodged in the Central Plan Office and numbered N.P. 57B except within the Aire River Wildlife Reserve (Government Gazette 1987 page 1495) where all public land within 100 metres of the left bank of that river is included; and
(e)	that part of the Otway National Park within 200 metres of each bank of that river.".

7. Further amendment of Schedule 1

For Part 18 of Schedule 1 of the Principal Act substitute—

"PART 18—ABERFELDY RIVER HERITAGE

AREA

Heritage Rivers (Amendment) Act 1998
Act No. 32/1998

The bed and banks of the Aberfeldy River and all public land within 200 metres of each bank within the Baw Baw National Park defined on the plan lodged in the Central Plan

Office and numbered N.P. 29/1.".

8. New section 23 inserted

After section 22 of the Principal Act insert—

"23. Further transitional and savings provisions

(1) Proceedings for an offence—

(a)	committed or alleged to have been committed in a place or area that is within a State forest within the meaning
of the Forests Act 1958 that are commenced before the day on which the Heritage Rivers (Amendment) Act 1998 received the Royal Assent; or

(b) of hindering or obstructing activities in

a State forest committed or alleged to
have been committed before the day on
which the Heritage Rivers
(Amendment) Act 1998 received the
Royal Assent—

are to be heard and determined as if the
Heritage Rivers (Amendment) Act 1998

had not been enacted.

(2) Except as provided in sub-section (1),

anything done or purporting to have been is, and is deemed always to have been, as valid and permissible as it would have been if this Act had been enacted as amended by the Heritage Rivers (Amendment) Act 1998.".

done on or in relation to land that, on the day
on which the Heritage Rivers
(Amendment) Act 1998 received the Royal

Heritage Rivers (Amendment) Act 1998

s. 9 Act No. 32/1998

9. Statute law revision

Sections 19, 20 and 21 of the Principal Act are repealed.

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Heritage Rivers (Amendment) Act 1998

Act No. 32/1998 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 9 April 1998

Legislative Council: 12 May 1998

The long title for the Bill for this Act was "to amend the Heritage Rivers
Act 1992 and for other purposes."