Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


Parks and Crown Land Legislation Amendment Bill 2019

                 PARLIAMENT OF VICTORIA

   Parks and Crown Land Legislation Amendment
                    Bill 2019



                       TABLE OF PROVISIONS
Clause                                                                  Page
Part 1--Preliminary                                                         1
  1      Purposes                                                          1
  2      Commencement                                                      3
Part 2--Amendment of Conservation, Forests and Lands Act 1987               4
  3      Parks Victoria land record                                        4
  4      Amendment of the record                                           4
  5      Proceedings for offences                                          5
Part 3--Amendment of Crown Land (Reserves) Act 1978                         6
  6      Section 2 repealed                                                6
  7      Minister may purchase and acquire land                            6
  8      Licences for purposes other than those for which land is
         reserved                                                          6
  9      Leases for up to 21 years for other purposes                      6
  10     Obligations of Secretary or Parks Victoria in relation to
         declared areas                                                    6
  11     Section 47E repealed                                              7
  12     Division 3 of Part 6 substituted                                  7
  13     Division 4 of Part 6 repealed                                    11
  14     Section 54 repealed                                              11
  15     Section 58 repealed                                              11
  16     Section 63E repealed                                             11
  17     Section 63F repealed                                             11
  18     Division 6 of Part 6 repealed                                    11
  19     Division 7 of Part 6 repealed                                    11
  20     First Schedule repealed                                          11
  21     Part 1 of Second Schedule repealed                               11
  22     Part 2 of Second Schedule repealed                               12
  23     Part 4 of Second Schedule repealed                               12
  24     Definitions                                                      12
  25     Clause 10 of Second Schedule repealed                            12
  26     Clause 11 of Second Schedule repealed                            12
  27     Eldorado Historic Reserve                                        12
  28     Bendigo Regional Park                                            12



591060B.I-12/11/2019                   i      BILL LA INTRODUCTION 12/11/2019

 


 

Clause Page 29 Macedon Regional Park 12 30 New Divisions 5 and 6 of Part 5 of Fifth Schedule inserted 13 Part 4--Amendment of Forests Act 1958 14 31 Obligations of Secretary or Parks Victoria in relation to declared areas 14 32 Offence to leave certain campfires or barbeques unattended 14 33 Offences as to having clear areas around certain campfires or barbeques 15 34 Offence as to campfires or barbeques above a certain size 15 Part 5--Amendment of Land Act 1958 16 35 Section 2 repealed 16 36 Definitions 16 37 Section 4 repealed 16 38 Section 24 repealed 16 39 Duties of authorised officers 16 40 Section 56 substituted 16 41 Division 7 of Part I repealed 18 42 Minister or authorized person may grant licences 18 43 Section 140G repealed 19 44 Heading preceding section 150 repealed 19 45 Sections 150 and 151 repealed 19 46 Magistrates' Court may order removal of buildings etc. 19 47 Section 212 repealed 19 48 Section 213 repealed 19 49 Section 401A substituted 19 50 Liability to pay occupation fees after notice 20 51 Effect of cancellation of a licence 20 52 Regulations 20 53 Section 414 repealed 20 54 Section 415 repealed 20 55 Section 416 repealed 21 56 Section 417 repealed 21 57 Section 419 repealed 21 58 First Schedule repealed 21 59 Fourth Schedule repealed 21 Part 6--Amendment of Mineral Resources (Sustainable Development) Act 1990 22 60 Land not available for exploration, mining and searching 22 61 New clause 4AE of Schedule 3 inserted 22 Part 7--Amendment of National Parks Act 1975 23 62 Section 2 repealed 23 63 Definitions 23 64 Objects of Act 23 591060B.I-12/11/2019 ii BILL LA INTRODUCTION 12/11/2019

 


 

Clause Page 65 National parks and State parks 23 66 Management plans 24 67 Marine national parks and marine sanctuaries 24 68 New Division 1C of Part III inserted 24 69 Other parks 27 70 Management agreements with Trust for Nature 27 71 Obligations of Secretary or Parks Victoria in relation to declared areas 27 72 Section 26 repealed 27 73 Tenancies or licences for certain purposes 27 74 Agreement with electricity company 28 75 Parks Victoria must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area 28 76 Water distribution works authority in relation to certain parks 28 77 Protection of access rights of freeholders in relation to certain parks 28 78 Works under water licences for certain parks 29 79 Authorities to search for minerals in certain parks 29 80 Rehabilitation works--Great Otway National Park 29 81 New section 32T inserted 29 82 Consent to mining leases and licences 32 83 Trades and businesses not to be carried on in parks unless authorised 32 84 Regulations 33 85 New sections 48C and 48D inserted 33 86 Section 50K repealed 33 87 Section 50M repealed 33 88 Section 50O repealed 33 89 Section 53 repealed 34 90 Section 54 repealed 34 91 Sections 63 and 64 repealed 34 92 Section 67 repealed 34 93 Section 68 repealed 34 94 Section 69 repealed 34 95 Section 76 repealed 34 96 Section 77 repealed 34 97 Section 78 repealed 34 98 Section 79 substituted 35 99 Schedule One substituted 35 100 Schedule One AA repealed 43 101 Schedule One AAA repealed 43 102 New clause 13 of Schedule One A inserted 43 103 Part 6--Dandenong Ranges National Park 44 104 Part 9--Hattah-Kulkyne National Park 44 105 Part 15--French Island National Park 44 106 Part 31--Great Otway National Park 44 591060B.I-12/11/2019 iii BILL LA INTRODUCTION 12/11/2019

 


 

Clause Page 107 Part 36--Errinundra National Park 44 108 Part 41--Greater Bendigo National Park 45 109 New Part 2 of Schedule Three inserted 45 110 Part 7 of Schedule Three repealed 45 111 Part 7 of Schedule Four repealed 45 112 New Schedule Nine inserted 46 Part 8--Amendment of Parks Victoria Act 2018 49 113 Functions of Parks Victoria 49 114 Process for making a statement of obligations or amendment or variation 49 Part 9--Amendment of Wildlife Act 1975 50 115 Obligations of Secretary or Parks Victoria in relation to declared areas 50 Part 10--Amendment of Zoological Parks and Gardens Act 1995 51 116 New section 33A inserted 51 Part 11--Repeal of this Act 52 117 Repeal of this Act 52 ═════════════ Endnotes 53 1 General information 53 591060B.I-12/11/2019 iv BILL LA INTRODUCTION 12/11/2019

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Parks and Crown Land Legislation Amendment Bill 2019 A Bill for an Act to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the Mineral Resources (Sustainable Development) Act 1990, the National Parks Act 1975, the Parks Victoria Act 2018, the Wildlife Act 1975 and the Zoological Parks and Gardens Act 1995 and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The main purposes of this Act are-- (a) to amend the Conservation, Forests and 5 Lands Act 1987 to further provide for amendment of the Parks Victoria land record; and 591060B.I-12/11/2019 1 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 1--Preliminary (b) to amend the Crown Land (Reserves) Act 1978-- (i) to alter or correct the boundaries of several existing parks; and 5 (ii) to create the Don Valley Education Reserve and Sherwood Reserve; and (iii) to make miscellaneous amendments; and (c) to make miscellaneous amendments to the 10 Forests Act 1958; and (d) to amend the Land Act 1958-- (i) to remove the prohibition on camping on licensed water frontages; and (ii) to enable regulations to be made in 15 respect of licensed and unlicensed water frontages; and (iii) to make miscellaneous amendments; and (e) to amend the Mineral Resources 20 (Sustainable Development) Act 1990 to provide that the Yellingbo Landscape Conservation Area is restricted Crown land; and (f) to amend the National Parks Act 1975-- 25 (i) to create the Yallock-Bulluk Marine and Coastal Park; and (ii) to provide for landscape conservation areas and to create the Yellingbo Landscape Conservation Area; and 30 (iii) to make miscellaneous amendments; and 591060B.I-12/11/2019 2 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 1--Preliminary (g) to amend the Parks Victoria Act 2018 to make further provision as to making, amending or varying statements of obligation; and 5 (h) to amend the Wildlife Act 1975 as a consequence of the Parks Victoria Act 2018 amendments; and (i) to amend the Zoological Parks and Gardens Act 1995 to provide for 10 management of certain land consistently with the Yellingbo Landscape Conservation Area. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. 15 (2) If a provision of this Act does not come into operation before 1 December 2020, it comes into operation on that day. 591060B.I-12/11/2019 3 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 2--Amendment of Conservation, Forests and Lands Act 1987 Part 2--Amendment of Conservation, Forests and Lands Act 1987 3 Parks Victoria land record In section 67A(2)(b) of the Conservation, 5 Forests and Lands Act 1987, for "that Act;" substitute "that Act);". 4 Amendment of the record (1) Before section 67C(1) of the Conservation, Forests and Lands Act 1987 insert-- 10 "(1AA) If a description of a reserve in the Fifth Schedule to the Crown Land (Reserves) Act 1978 that is included in the record kept under section 67A is amended by an Act of Parliament, the Secretary must amend the 15 record accordingly.". (2) In section 67C(1) of the Conservation, Forests and Lands Act 1987, for "The" substitute "Subject to subsection (3), the". (3) In section 67C(2)(a)(ii) of the Conservation, 20 Forests and Lands Act 1987, before "considered" insert "subject to subsection (2A),". (4) After section 67C(2) of the Conservation, Forests and Lands Act 1987 insert-- "(2A) If Parks Victoria advises the Parks Victoria 25 Minister that a submission made under subsection (2)(a)(ii) will be the only submission made in respect of the proposed amendment, the Parks Victoria Minister may approve the amendment before the expiry of 30 the 60-day period (or any longer agreed period).". 591060B.I-12/11/2019 4 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 2--Amendment of Conservation, Forests and Lands Act 1987 (5) For section 67C(3) of the Conservation, Forests and Lands Act 1987 substitute-- "(3) The Secretary may amend the record kept under section 67A without the Parks Victoria 5 Minister's approval-- (a) if the amendment is required under subsection (1A); or (b) to make a minor correction to information in the record; or 10 (c) to make a minor technical amendment to the record.". 5 Proceedings for offences In section 96(1A) and (2) of the Conservation, Forests and Lands Act 1987, for 15 "proceedings mentioned in subsection (1)" substitute "offence proceedings". 591060B.I-12/11/2019 5 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 Part 3--Amendment of Crown Land (Reserves) Act 1978 6 Section 2 repealed Section 2 of the Crown Land (Reserves) 5 Act 1978 is repealed. 7 Minister may purchase and acquire land In section 5(3) of the Crown Land (Reserves) Act 1978, for "Youth, Sport and Recreation Act 1972" substitute "Sport and Recreation 10 Act 1972". 8 Licences for purposes other than those for which land is reserved In section 17B(1) of the Crown Land (Reserves) Act 1978 omit "under subsection (3)". 15 9 Leases for up to 21 years for other purposes (1) In section 17D(1) of the Crown Land (Reserves) Act 1978 omit "under subsection (3)". (2) In section 17D(7) of the Crown Land (Reserves) Act 1978, for "The responsible Minister must not 20 grant a lease under subsection (1) or (1A) for a stratum of reserved land unless he or she is satisfied that--" substitute "The responsible Minister must not give approval for a lease to be granted under subsection (1), or grant a lease 25 under subsection (1A), for a stratum of reserved land unless the Minister is satisfied that--". 10 Obligations of Secretary or Parks Victoria in relation to declared areas (1) In the heading to section 18D of the Crown Land 30 (Reserves) Act 1978, after "Secretary" insert "or Parks Victoria". 591060B.I-12/11/2019 6 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 (2) In section 18D(1) of the Crown Land (Reserves) Act 1978, after "The Secretary" insert "or Parks Victoria". (3) In section 18D(1)(a) and (b) of the Crown Land 5 (Reserves) Act 1978, after "Secretary" insert "or Parks Victoria (as the case requires)". 11 Section 47E repealed Section 47E of the Crown Land (Reserves) Act 1978 is repealed. 10 12 Division 3 of Part 6 substituted For Division 3 of Part 6 of the Crown Land (Reserves) Act 1978 substitute-- "Division 3--Transitional and miscellaneous provisions--Parks and 15 Crown Land Legislation Amendment Act 2019 48 Bendigo Regional Park (1) On the commencement of section 28 of the Parks and Crown Land Legislation 20 Amendment Act 2019 the reservations of the land shown hatched and the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./19-278 are revoked. 25 (2) On the revocation of the reservations of the land shown hatched and the land delineated and coloured brown on the plan lodged in the Central Plan Office and numbered LEGL./19-278-- 30 (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 591060B.I-12/11/2019 7 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 (b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and (c) any regulations under section 13 are 5 revoked to the extent that they apply to that land. (3) On the commencement of section 28 of the Parks and Crown Land Legislation Amendment Act 2019-- 10 (a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./19-278, ceases to be a road or part of a road or road reserve; and 15 (b) all rights, easements and privileges existing or claimed by either the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or 20 any past user or operation of law or otherwise, in relation to that land, cease. 49 Land to become part of park on surrender to the Crown--Bendigo Regional Park 25 If the title to the land delineated and coloured blue on the plan lodged in the Central Plan Office and numbered LEGL./19-278 is not surrendered to the Crown before the commencement of 30 section 28 of the Parks and Crown Land Legislation Amendment Act 2019, that land is taken not to be part of the park described in Division 1 of Part 4A of the Fifth Schedule until the title to the land is 35 surrendered to the Crown. 591060B.I-12/11/2019 8 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 50 Land reserved temporarily for aerodrome purposes (1) On the commencement of section 28 of the Parks and Crown Land Legislation 5 Amendment Act 2019-- (a) the area of land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19-277 is temporarily reserved under section 4 10 for aerodrome purposes; and (b) the City of Greater Bendigo is taken to be the committee of management of that land under section 14(2). (2) On the commencement of section 28 of the 15 Parks and Crown Land Legislation Amendment Act 2019-- (a) the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19-277, ceases to be 20 a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed by either the public or any body or person, as incident to 25 the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that land, cease. 30 50A Macedon Regional Park--Land not affected by enactment of certain Acts (1) Section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 is taken to have 35 been enacted as if the land shown on the plan lodged in the Central Plan Office and 591060B.I-12/11/2019 9 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 numbered LEGL./06-069, did not include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19-274. 5 (2) Section 24(3) of the Parks and Crown Land Legislation Amendment Act 2012 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./11-187 did not 10 include the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19-274. (3) Section 5 of the Crown Land Legislation Amendment (Canadian Regional Park 15 and Other Matters) Act 2016 is taken to have been enacted as if the land shown on the plan, lodged in the Central Plan Office and numbered LEGL./14-055 did not include the land shown hatched on the plan 20 lodged in the Central Plan Office and numbered LEGL./19-274. 50B Eldorado Historic Reserve--Land not affected by enactment of certain Acts (1) Section 18 of the National Parks (Box- 25 Ironbark and Other Parks) Act 2002 is taken to have been enacted as if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./02-077 did not include the land shown hatched on the plan 30 lodged in the Central Plan Office and numbered LEGL./19-275. (2) Section 31 of the National Parks (Additions and Other Amendments) Act 2004 is taken to have been enacted as 35 if the land shown on the plan lodged in the Central Plan Office and numbered LEGL./04-032 did not include the land 591060B.I-12/11/2019 10 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./19-275.". 13 Division 4 of Part 6 repealed 5 Division 4 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed. 14 Section 54 repealed Section 54 of the Crown Land (Reserves) Act 1978 is repealed. 10 15 Section 58 repealed Section 58 of the Crown Land (Reserves) Act 1978 is repealed. 16 Section 63E repealed Section 63E of the Crown Land (Reserves) 15 Act 1978 is repealed. 17 Section 63F repealed Section 63F of the Crown Land (Reserves) Act 1978 is repealed. 18 Division 6 of Part 6 repealed 20 Division 6 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed. 19 Division 7 of Part 6 repealed Division 7 of Part 6 of the Crown Land (Reserves) Act 1978 is repealed. 25 20 First Schedule repealed The First Schedule to the Crown Land (Reserves) Act 1978 is repealed. 21 Part 1 of Second Schedule repealed Part 1 of the Second Schedule to the Crown Land 30 (Reserves) Act 1978 is repealed. 591060B.I-12/11/2019 11 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 22 Part 2 of Second Schedule repealed Part 2 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed. 23 Part 4 of Second Schedule repealed 5 Part 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed. 24 Definitions In clause 9 of the Second Schedule to the Crown Land (Reserves) Act 1978, the definitions of 10 Canadian Regional Park and Hepburn Regional Park are repealed. 25 Clause 10 of Second Schedule repealed Clause 10 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed. 15 26 Clause 11 of Second Schedule repealed Clause 11 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed. 27 Eldorado Historic Reserve In Division 1 of Part 4 of the Fifth Schedule to the 20 Crown Land (Reserves) Act 1978, for "LEGL./04-032" substitute "LEGL./19-275". 28 Bendigo Regional Park In Division 1 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for 25 "LEGL./06-067B" substitute "LEGL./19-278". 29 Macedon Regional Park In Division 3 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./14-055" substitute "LEGL./19-274". 591060B.I-12/11/2019 12 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 3--Amendment of Crown Land (Reserves) Act 1978 30 New Divisions 5 and 6 of Part 5 of Fifth Schedule inserted After Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert-- 5 "Division 5--Don Valley Education Reserve Crown Allotments 2102 and 2103, Parish of Yuonga, County of Evelyn. Purposes of the reservation-- 10 The purposes of education. The purposes of nature conservation in relation to Crown Allotment 2102. Division 6--Sherwood Reserve Crown Allotment 2004, Parish of Gracedale, 15 County of Evelyn. Purposes of the reservation-- Public purposes.". 591060B.I-12/11/2019 13 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 4--Amendment of Forests Act 1958 Part 4--Amendment of Forests Act 1958 31 Obligations of Secretary or Parks Victoria in relation to declared areas (1) In the heading to section 18C of the Forests 5 Act 1958, after "Secretary" insert "or Parks Victoria". (2) In section 18C(1) of the Forests Act 1958, for "The Secretary" substitute "The land manager or a committee of management appointed under 10 section 50(3)". (3) In section 18C(1)(a) and (b) of the Forests Act 1958, for "Secretary" substitute "land manager or the committee of management". (4) In section 18C(2) of the Forests Act 1958, for 15 "Secretary" substitute "land manager or the committee of management". 32 Offence to leave certain campfires or barbeques unattended (1) In section 66A(1) of the Forests Act 1958, after 20 "regulated fire area" insert "or on any licensed water frontage that is not State forest". (2) For section 66A(2) of the Forests Act 1958 substitute-- "(2) In this section and in sections 66B 25 and 66C-- licensed water frontage has the same meaning as in the Land Act 1958; regulated fire area means any State forest, protected public land or national park.". 591060B.I-12/11/2019 14 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 4--Amendment of Forests Act 1958 33 Offences as to having clear areas around certain campfires or barbeques In section 66B(1) and (2) of the Forests Act 1958, after "regulated fire area" insert "or on any 5 licensed water frontage that is not State forest". 34 Offence as to campfires or barbeques above a certain size In section 66C(1) of the Forests Act 1958, after "regulated fire area" insert "or on any licensed 10 water frontage that is not State forest". 591060B.I-12/11/2019 15 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 Part 5--Amendment of Land Act 1958 35 Section 2 repealed Section 2 of the Land Act 1958 is repealed. 36 Definitions 5 In section 3(1) of the Land Act 1958-- (a) insert the following definition-- "licensed water frontage means water frontage which is under a licence under Division 8 of Part I or section 138;"; 10 (b) the definition of fence is repealed. 37 Section 4 repealed Section 4 of the Land Act 1958 is repealed. 38 Section 24 repealed Section 24 of the Land Act 1958 is repealed. 15 39 Duties of authorised officers (1) Insert the following heading to section 31 of the Land Act 1958-- "Duties of authorised officers". (2) In section 31(1)(a) and (b) of the Land Act 1958, 20 for "such lands" substitute "Crown land". 40 Section 56 substituted For section 56 of the Land Act 1958 substitute-- "56 Rent under perpetual lease (1) Subject to this section, for every successive 25 10-year period, the rent payable by the perpetual lessee (other than the perpetual lessee of any swamp or reclaimed land) is the amount for each year fixed by the Minister at the start of that 10-year period. 591060B.I-12/11/2019 16 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 (2) The rent payable by a perpetual lessee for any swamp or reclaimed land is 4 per cent for each year of the value of the land as assessed by the Minister under subsection 5 (3). (3) For the purposes of subsection (2), the Minister must reassess the value of the land every 10 years. (4) For the purposes of subsection (3), when any 10 swamp or reclaimed land is being reassessed, any improvements on the land which do not belong to the Crown must not be included in or added to the value of the land. (5) Despite subsection (2), if the Minister is 15 satisfied that in the circumstances of any particular case a higher or lower rent should be charged during any successive period for the perpetual lease of any swamp or reclaimed land-- 20 (a) the Governor in Council may from time to time by Order published in the Government Gazette increase or decrease the rent for that part of the remainder of that successive period as 25 is specified in the Order; and (b) the increased or decreased rent is payable from the date of the Order or any later date specified in the Order. (6) For the purposes of subsection (1), for a 30 perpetual lease to which old section 56 applied immediately before the commencement of section 40 of the 2019 amending Act, the 10-year period applying to that lease immediately before that 35 commencement-- 591060B.I-12/11/2019 17 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 (a) is taken to continue to apply to that lease after that commencement; and (b) is taken to expire at the same time as the period would have expired if 5 section 40 of the 2019 amending Act had not been enacted. (7) For the purposes of subsection (2), for any swamp or reclaimed land to which old section 56 applied immediately before the 10 commencement of section 40 of the 2019 amending Act, the 10-year period applying to the assessment of the value of that land immediately before that commencement-- (a) is taken to continue to apply to that land 15 after that commencement; and (b) is taken to expire at the same time as the period would have expired if section 40 of the 2019 amending Act had not been enacted. 20 (8) In this section-- old section 56 means section 56 of this Act as in force before the commencement of section 40 of the 2019 amending Act; 25 2019 amending Act means the Parks and Crown Land Legislation Amendment Act 2019.". 41 Division 7 of Part I repealed Division 7 of Part I of the Land Act 1958 is 30 repealed. 42 Minister or authorized person may grant licences In section 138(1) of the Land Act 1958, for "140A to 151" substitute "140A, 140I and 142". 591060B.I-12/11/2019 18 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 43 Section 140G repealed Section 140G of the Land Act 1958 is repealed. 44 Heading preceding section 150 repealed The heading preceding section 150 of the Land 5 Act 1958 is repealed. 45 Sections 150 and 151 repealed Sections 150 and 151 of the Land Act 1958 are repealed. 46 Magistrates' Court may order removal of buildings 10 etc. In section 188A(1) of the Land Act 1958-- (a) for "a bailiff of Crown lands" substitute "an authorised officer"; (b) for "the bailiff" substitute "the authorised 15 officer". 47 Section 212 repealed Section 212 of the Land Act 1958 is repealed. 48 Section 213 repealed Section 213 of the Land Act 1958 is repealed. 20 49 Section 401A substituted For section 401A of the Land Act 1958 substitute-- "401A Right of entry to licensed water frontages for recreational purposes 25 Subject to regulations made under this Act, any person may enter and remain on a licensed water frontage for recreational purposes.". 591060B.I-12/11/2019 19 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 50 Liability to pay occupation fees after notice In section 404(2) of the Land Act 1958 omit "(which shall be a fence of either of the kinds described in paragraphs (b) and (c) of the 5 interpretation of fence in section 3)". 51 Effect of cancellation of a licence In section 406(2)(a) of the Land Act 1958 omit '(which shall be a fence of either of the kinds described in paragraphs (b) and (c) of the 10 interpretation of "fence" in section 3'. 52 Regulations (1) After section 413(1)(k) of the Land Act 1958 insert-- "(ka) the recreational use of water frontages and 15 licensed water frontages, unless regulations made under another Act relating to that use apply; (kb) the management of campfires on water frontages and licensed water frontages, 20 except in relation to matters covered by sections 66A, 66B and 66C of the Forests Act 1958; (kc) the setting aside of areas on water frontages and licensed water frontages where specified 25 activities are permitted, restricted or prohibited;". (2) Section 413(1)(p) of the Land Act 1958 is repealed. 53 Section 414 repealed 30 Section 414 of the Land Act 1958 is repealed. 54 Section 415 repealed Section 415 of the Land Act 1958 is repealed. 591060B.I-12/11/2019 20 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 5--Amendment of Land Act 1958 55 Section 416 repealed Section 416 of the Land Act 1958 is repealed. 56 Section 417 repealed Section 417 of the Land Act 1958 is repealed. 5 57 Section 419 repealed Section 419 of the Land Act 1958 is repealed. 58 First Schedule repealed The First Schedule to the Land Act 1958 is repealed. 10 59 Fourth Schedule repealed The Fourth Schedule to the Land Act 1958 is repealed. 591060B.I-12/11/2019 21 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 6--Amendment of Mineral Resources (Sustainable Development) Act 1990 Part 6--Amendment of Mineral Resources (Sustainable Development) Act 1990 60 Land not available for exploration, mining and searching 5 In section 6(3) of the Mineral Resources (Sustainable Development) Act 1990, for "N.P. 105B/3" substitute "N.P. 105B/4". 61 New clause 4AE of Schedule 3 inserted After clause 4AD of Schedule 3 to the Mineral 10 Resources (Sustainable Development) Act 1990 insert-- "4AE. Any land described in Part 1 of Schedule Nine to the National Parks Act 1975.". 591060B.I-12/11/2019 22 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 Part 7--Amendment of National Parks Act 1975 62 Section 2 repealed Section 2 of the National Parks Act 1975 is 5 repealed. 63 Definitions In section 3(1) of the National Parks Act 1975-- (a) insert the following definition-- "landscape conservation area means any 10 land that, by reason of section 17E, is a landscape conservation area for the purposes of this Act;"; (b) in the definition of Barwon water supply catchment area, for "N.P. 111C/2, N.P. 15 111D/2, N.P. 111E/3, N.P. 111F/1 and N.P. 111G/1" substitute "N.P. 111C/3, N.P. 111D/3, N.P. 111E/5, N.P. 111F/2 and N.P. 111G/2"; (c) in the definition of park, after 20 "marine sanctuary" insert ", landscape conservation area". 64 Objects of Act After section 4(ab) of the National Parks Act 1975 insert-- 25 "(ac) to make provision in respect of landscape conservation areas for the protection, enhancement and management of those areas as part of a fragmented natural landscape for the purposes of nature conservation;". 30 65 National parks and State parks In section 17(5) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria". 591060B.I-12/11/2019 23 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 66 Management plans In section 17B(3) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria". 5 67 Marine national parks and marine sanctuaries In section 17D(5) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria". 68 New Division 1C of Part III inserted 10 After Division 1B of Part III of the National Parks Act 1975 insert-- "Division 1C--Landscape conservation areas 17E Landscape conservation areas 15 (1) Each area of land described in a part of Schedule Nine is, for the purposes of this Act, a landscape conservation area under the name specified in that part. (2) A landscape conservation area may comprise 20 any of the following-- (a) nature conservation areas; (b) community use and education areas; (c) natural features areas. (3) A landscape conservation area must be 25 managed for the following purposes-- (a) for any part that is a nature conservation area, for the purposes of-- (i) conserving and protecting the natural environment, including 30 species, communities and habitats of indigenous flora and fauna; and 591060B.I-12/11/2019 24 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (ii) protecting cultural heritage; and (iii) if consistent with the purposes in subparagraphs (i) and (ii), providing opportunities for 5 recreation, education and scientific study; (b) for any part that is for a community use and education area, for the purposes of-- 10 (i) providing for community use, education and scientific study; and (ii) as is appropriate to the particular area-- (A) conserving and protecting 15 the natural environment, including species, communities and habitats of indigenous flora and fauna; and 20 (B) maintaining or restoring natural surroundings and the character and quality of the landscape; and (C) protecting cultural heritage; 25 (c) for any part that is a natural features area, for the purposes of-- (i) conserving and protecting the natural environment, including species, communities and habitats 30 of indigenous flora and fauna; and (ii) protecting and restoring areas with indigenous vegetation or habitat; and 591060B.I-12/11/2019 25 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (iii) protecting scenic features and the character and quality of the landscape; and (iv) protecting water quality where 5 appropriate; and (v) protecting cultural heritage; and (vi) if consistent with the purposes in subparagraphs (i), (ii), (iii), (iv) and (v), providing opportunities 10 for recreation, education and scientific study. 17F Management and control of landscape conservation areas by Parks Victoria Subject to any agreement entered into under 15 section 16A(1), Parks Victoria has the control and management of each landscape conservation area and must-- (a) ensure that each landscape conservation area is controlled and managed in 20 accordance with the objects of this Act in a manner that-- (i) achieves the purposes set out in section 17E(3) for each area type that comprises the landscape 25 conservation area; and (ii) eradicates or controls exotic flora and fauna in the landscape conservation area; and (b) consult, as far as is practicable, with the 30 Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each landscape conservation area from injury by fire; and 591060B.I-12/11/2019 26 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (c) prepare a plan of management in respect of each landscape conservation area, which may be included as part of a land management plan within the 5 meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.". 69 Other parks In section 18(4) of the National Parks Act 1975, for "the Secretary" substitute "Parks Victoria". 10 70 Management agreements with Trust for Nature In section 19A(3) of the National Parks Act 1975, for "or Schedule Three" substitute ", Schedule Three or Schedule Nine". 71 Obligations of Secretary or Parks Victoria in 15 relation to declared areas (1) In the heading to section 20B of the National Parks Act 1975, after "Secretary" insert "or Parks Victoria". (2) In section 20B(1) of the National Parks 20 Act 1975, after "The Secretary" insert "or Parks Victoria". (3) In section 20B(1)(a) and (b) of the National Parks Act 1975, after "Secretary" insert "or Parks Victoria (as the case requires)". 25 72 Section 26 repealed Section 26 of the National Parks Act 1975 is repealed. 73 Tenancies or licences for certain purposes In section 26A of the National Parks Act 1975, 30 for "or Schedule Three" substitute ", Schedule Three or Schedule Nine". 591060B.I-12/11/2019 27 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 74 Agreement with electricity company In section 27A(1) of the National Parks Act 1975, after "State park" insert ", landscape conservation area". 5 75 Parks Victoria must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area (1) In the heading to section 27BB of the National Parks Act 1975, for "Secretary" substitute 10 "Parks Victoria". (2) In section 27BB of the National Parks Act 1975, for "The Secretary" substitute "Parks Victoria". 76 Water distribution works authority in relation to certain parks 15 In section 30G(1) of the National Parks Act 1975, for "or Part 8 of Schedule Four" substitute ", Part 8 of Schedule Four or Part 1 of Schedule Nine". 77 Protection of access rights of freeholders in relation 20 to certain parks In section 30I(4) of the National Parks Act 1975-- (a) in paragraph (a), after "Part 31," insert "Part 34,"; 25 (b) in paragraph (ba), for "Part 1 or Part 12" substitute "Part 1, Part 12 or Part 15"; (c) in paragraph (c), for "Four." substitute "Four;"; (d) after paragraph (c) insert-- 30 "(d) Part 1 of Schedule Nine.". 591060B.I-12/11/2019 28 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 78 Works under water licences for certain parks In section 30M of the National Parks Act 1975-- (a) for "or Part 11" substitute ", Part 11"; (b) after "Three" insert "or Part 1 of Schedule 5 Nine". 79 Authorities to search for minerals in certain parks (1) In section 32D(1)(a)(iv) of the National Parks Act 1975, for "Four--" substitute "Four;". (2) After section 32D(1)(a)(iv) of the National Parks 10 Act 1975 insert-- "(v) an area included in Division 2 of Part 1 of Schedule Nine--". 80 Rehabilitation works--Great Otway National Park In section 32S(3) of the National Parks 15 Act 1975, in the definition of relevant land, for "N.P. 111E/4" substitute "N.P. 111E/5". 81 New section 32T inserted After section 32S of the National Parks Act 1975 insert-- 20 "32T Access rights--Yallock-Bulluk Marine and Coastal Park (1) For the purpose of carrying out duties or obligations or exercising rights under any Desalination Project arrangement, AquaSure, 25 any contractor of Aquasure or any person determined by the Minister may-- (a) enter Yallock-Bulluk Marine and Coastal Park; and (b) install, maintain, operate, alter or 30 remove any works in Yallock-Bulluk Marine and Coastal Park that are necessary or desirable to carry out those 591060B.I-12/11/2019 29 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 duties or obligations or exercise those rights; and (c) carry out any other actions in Yallock- Bulluk Marine and Coastal Park that 5 are necessary or desirable to carry out those duties or obligations or exercise those rights. (2) A determination of the Minister under subsection (1) must-- 10 (a) be in writing; and (b) published in the Government Gazette. (3) A person carrying out duties or obligations or exercising rights under any Desalination Project arrangement is not subject to any 15 regulations made under this Act to the extent that the duties or obligations or rights authorised by the Desalination Project arrangement are inconsistent with the regulations. 20 (4) In this section-- AquaSure means AquaSure Pty Ltd (ACN 135 956 393); Deed means the Victorian Desalination Project Project Deed, dated 30 July 25 2009, between the State of Victoria and AquaSure (as amended from time to time); Desalination Project means the Desalination Project-- 30 (a) as defined-- (i) in the Nomination Order made under the Project Development and Construction Management 591060B.I-12/11/2019 30 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 Act 1994 and published in the Government Gazette on 18 December 2007; or (ii) in the Order referred to in 5 subparagraph (i) as amended; or (b) as further defined in any subsequent Nomination Order made under the Project 10 Development and Construction Management Act 1994; Desalination Project arrangement means any of the following-- (a) a relevant EPA licence; 15 (b) the Deed; (c) any document conferring duties or obligations or rights made under the Deed; (d) any document conferring duties or 20 obligations or rights made under another Act with respect to the Desalination Project; old section 20 of the EPA means section 20 of the Environment Protection 25 Act 1970 as in force on or after 10 December 2017 until its repeal; relevant EPA licence means-- (a) the licence issued to AquaSure on 10 December 2017 under old 30 section 20 of the EPA; and (b) any other licence or authority issued to AquaSure or any person determined by the Minister under subsection (1), for the purposes of 591060B.I-12/11/2019 31 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 the Desalination Project, issued under-- (i) old section 20 of the EPA; or (ii) any subsequent 5 corresponding provision to old section 20 of the EPA; Yallock-Bulluk Marine and Coastal Park means the land described in Part 2 of Schedule Three.". 10 82 Consent to mining leases and licences (1) In section 40(1AA)(e) of the National Parks Act 1975, for "N.P. 111E" substitute "N.P. 111E/5". (2) In section 40(1C) of the National Parks 15 Act 1975, for "N.P. 105B/3" substitute "N.P. 105B/4". (3) After section 40(7) of the National Parks Act 1975 insert-- "(8) This section does not apply to any area of 20 land described in Part 1 of Schedule Nine.". 83 Trades and businesses not to be carried on in parks unless authorised In section 43(2) of the National Parks Act 1975-- 25 (a) in paragraph (a)(i) and (iv)-- (i) before "Part 1" insert "Part 2 of Schedule 3 or"; (ii) for "4, 5, or 7" substitute "4 or 5"; (b) in paragraph (a)(vi), for "Part 1, 2 or 7 of 30 Schedule Four" substitute "Part 2 of Schedule Three or Part 1 or 2 of Schedule Four"; 591060B.I-12/11/2019 32 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (c) in paragraph (b)-- (i) for "the park" substitute "a park"; (ii) after "Four" insert "or Part 1 of Schedule Nine". 5 84 Regulations (1) For section 48(1)(a) of the National Parks Act 1975 substitute-- "(a) preserving and protecting parks or any matter or thing in any park or a feature of 10 any park;". (2) Section 48(1)(b) and (c) of the National Parks Act 1975 are repealed. (3) In section 48(1)(f) of the National Parks Act 1975, after "17D" insert ", 17E, 17F". 15 85 New sections 48C and 48D inserted After section 48B of the National Parks Act 1975 insert-- "48C Transitional provisions Schedule One has effect. 20 48D Schedule One A has effect Schedule One A has effect.". 86 Section 50K repealed Section 50K of the National Parks Act 1975 is repealed. 25 87 Section 50M repealed Section 50M of the National Parks Act 1975 is repealed. 88 Section 50O repealed Section 50O of the National Parks Act 1975 is 30 repealed. 591060B.I-12/11/2019 33 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 89 Section 53 repealed Section 53 of the National Parks Act 1975 is repealed. 90 Section 54 repealed 5 Section 54 of the National Parks Act 1975 is repealed. 91 Sections 63 and 64 repealed Sections 63 and 64 of the National Parks Act 1975 are repealed. 10 92 Section 67 repealed Section 67 of the National Parks Act 1975 is repealed. 93 Section 68 repealed Section 68 of the National Parks Act 1975 is 15 repealed. 94 Section 69 repealed Section 69 of the National Parks Act 1975 is repealed. 95 Section 76 repealed 20 Section 76 of the National Parks Act 1975 is repealed. 96 Section 77 repealed Section 77 of the National Parks Act 1975 is repealed. 25 97 Section 78 repealed Section 78 of the National Parks Act 1975 is repealed. 591060B.I-12/11/2019 34 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 98 Section 79 substituted For section 79 of the National Parks Act 1975 substitute-- "79 Land to become part of park on surrender 5 of rights to Crown--Parks and Crown Land Legislation Amendment Act 2019 If any rights over the land held under the Mines (Aluminium Agreement) Act 1961 and shown delineated and coloured blue on 10 the plan lodged in the Central Plan Office and numbered N.P. 111E/5 are not surrendered to the Crown before the commencement of section 98 of the Parks and Crown Land Legislation Amendment 15 Act 2019, that land is taken to be excluded from the park described in Part 31 of Schedule Two until those rights are surrendered to the Crown.". 99 Schedule One substituted 20 For Schedule One to the National Parks Act 1975 substitute-- "Schedule One--Transitional provisions Part 1--Transitional provisions-- 25 Parks and Crown Land Legislation Amendment Act 2019 1 Certain leases, licences and other agreements with AquaSure Pty Ltd not affected by this Act 30 (1) Despite the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2019-- 591060B.I-12/11/2019 35 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (a) the AquaSure lease continues in force on and after that commencement and may be dealt with as a lease under Subdivision 1 of Division 9 of Part I 5 and section 137AA(4) of the Land Act 1958; and (b) Subdivision 1 of Division 9 of Part I and section 137AA(4) of the Land Act 1958 continue to apply to the 10 granting of leases over Crown Allotments 2015 and 2016, Parish of Wonthaggi. (2) The amendments made to this Act by section 109 of the Parks and Crown Land 15 Legislation Amendment Act 2019 are not to be taken to affect any Desalination Project arrangement as in force immediately before the commencement of that section. (3) In this clause-- 20 AquaSure has the same meaning as in section 32T; AquaSure lease means the lease granted under section 134 of the Land Act 1958 to AquaSure with a 25 commencement date of 13 December 2012 over Crown Allotments 2015 and 2016, Parish of Wonthaggi; Desalination Project arrangement has the same meaning as in section 32T. 30 2 Rights to cease--roads--Yallock-Bulluk Marine and Coastal Park On the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2019-- 591060B.I-12/11/2019 36 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 122 ceases to be a road or part of a road or road 5 reserve; and (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express implied grant or past 10 dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that plan, cease. 15 3 Land to become part of park on surrender to the Crown--Yallock-Bulluk Marine and Coastal Park If the land delineated and coloured blue on the plan lodged in the Central Plan Office 20 and numbered N.P. 122 is not surrendered to the Crown before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2019, that land is taken not to be part of the park 25 described in Part 2 of Schedule Three until the title to the land is surrendered to the Crown. 4 Certain licences and permissions not affected by this Act 30 (1) The amendments made to this Act by section 109 of the Parks and Crown Land Legislation Amendment Act 2019 are not to be taken to affect the licence-- (a) issued on 19 January 2017 to South 35 Gippsland Region Water Corporation under old section 20 of the EPA; and 591060B.I-12/11/2019 37 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 (b) as in force immediately before the commencement of section 109 of the Parks and Crown Land Legislation Amendment Act 2019. 5 (2) In this clause-- old section 20 of the EPA has the same meaning as in section 32T; South Gippsland Region Water Corporation means the South Gippsland Region 10 Water Corporation established under section 85 of the Water Act 1989. 5 Revocation of reservations--Yellingbo Landscape Conservation Area (1) On the commencement of section 112 of the 15 Parks and Crown Land Legislation Amendment Act 2019 the reservation of land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C is 20 revoked. (2) On the revocation of the reservation of the land shown coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 123A and N.P. 123C-- 25 (a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and 30 (b) any regulations under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land. 591060B.I-12/11/2019 38 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 6 Rights to cease--roads--Yellingbo Landscape Conservation Area On the commencement of section 112 of the Parks and Crown Land Legislation 5 Amendment Act 2019-- (a) the land delineated and coloured yellow or coloured green on the plans lodged in the Central Plan Office and numbered N.P. 123C, N.P. 123D, N.P. 10 123E and N.P. 123F ceases to be a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to 15 the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on 20 those plans, cease. 7 Revocation of reserved forest-- Errinundra National Park On the commencement of section 107 of the Parks and Crown Land Legislation 25 Amendment Act 2019 the land shown coloured green on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases to be reserved forest. 8 Rights to cease--roads--Errinundra 30 National Park On the commencement of section 107 of the Parks and Crown Land Legislation Amendment Act 2019-- (a) the land delineated and coloured yellow 35 on the plan lodged in the Central Plan Office and numbered N.P. 92/3 ceases 591060B.I-12/11/2019 39 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 to be a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed either by the public 5 or any body or person, as incident to the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land 10 delineated and coloured yellow on that plan, cease. 9 Rights to cease--roads--Dandenong Ranges National Park On the commencement of section 103 of the 15 Parks and Crown Land Legislation Amendment Act 2019-- (a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 86/6 ceases 20 to be a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to 25 the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that 30 plan, cease. 10 Land to become part of park on surrender to the Crown--Dandenong Ranges National Park If the land delineated and coloured blue on 35 the plan lodged in the Central Plan Office and numbered N.P. 86/6 is not surrendered to 591060B.I-12/11/2019 40 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 the Crown before the commencement of section 103 of the Parks and Crown Land Legislation Amendment Act 2019, that land is taken not to be part of the park 5 described in Part 6 of Schedule Two until the title to the land is surrendered to the Crown. 11 Rights to cease--roads--Greater Bendigo National Park On the commencement of section 108 of the 10 Parks and Crown Land Legislation Amendment Act 2019-- (a) the land delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 105B/4 15 ceases to be a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to 20 the express implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on that 25 plan, cease. 12 Land to become part of park on surrender to the Crown--Greater Bendigo National Park If the land delineated and coloured blue on 30 the plan lodged in the Central Plan Office and numbered N.P. 105B/4 is not surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment 35 Act 2019, that land is taken not to be part of the park described in Part 41 of Schedule 591060B.I-12/11/2019 41 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 Two until the title to the land is surrendered to the Crown. 13 Land surrendered to form part of Greater Bendigo National Park--correction of 5 land description (1) Section 12(5) of the National Parks (Box- Ironbark and Other Parks) Act 2002 is taken to have been enacted as if the land shown coloured grey on the plan lodged in 10 the Central Plan Office and numbered N.P. 105B did not include land comprising Crown Allotment 11, Section 9, Parish of Mandurang. (2) Section 19(9) of the National Parks 15 (Additions and Other Amendments) Act 2004 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/1 did not include the 20 land comprising Crown Allotment 11, Section 9, Parish of Mandurang. (3) Section 10 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016 is 25 taken to have been enacted as if the land shown coloured pink on the plan lodged in the Central Plan Office and numbered N.P. 105B/2 did not include the land comprising Crown Allotment 11, Section 9, 30 Parish of Mandurang. (4) Section 36 of the Parks and Crown Land Legislation Amendment Act 2017 is taken to have been enacted as if the land shown coloured pink on the plan lodged in the 35 Central Plan Office and numbered N.P. 105B/3 did not include the land 591060B.I-12/11/2019 42 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 comprising Crown Allotment 11, Section 9, Parish of Mandurang. (5) If the title to the land comprising Crown Allotment 11, Section 9, Parish of 5 Mandurang is surrendered to the Crown before the commencement of section 108 of the Parks and Crown Land Legislation Amendment Act 2019, that land becomes part of the park on the commencement of 10 that section.". 100 Schedule One AA repealed Schedule One AA to the National Parks Act 1975 is repealed. 101 Schedule One AAA repealed 15 Schedule One AAA to the National Parks Act 1975 is repealed. 102 New clause 13 of Schedule One A inserted After clause 12 of Schedule One A to the National Parks Act 1975 insert-- 20 "13 Native title not affected by the Parks and Crown Land Legislation Amendment Act 2019 (1) The amendments made to this Act by the Parks and Crown Land Legislation 25 Amendment Act 2019 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 30 or under the Native Title Act 1993 of the Commonwealth.". 591060B.I-12/11/2019 43 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 103 Part 6--Dandenong Ranges National Park In Part 6 of Schedule Two to the National Parks Act 1975-- (a) after "yellow" insert "or coloured blue"; 5 (b) for "N.P. 86/5" substitute "N.P. 86/6". 104 Part 9--Hattah-Kulkyne National Park In Part 9 of Schedule Two to the National Parks Act 1975-- (a) for "49 975" substitute "49 890"; 10 (b) for "N.P. 6/2" substitute "N.P. 6/3". 105 Part 15--French Island National Park In Part 15 of Schedule Two to the National Parks Act 1975-- (a) for "11 160" substitute "11 155"; 15 (b) for "N.P. 83/6" substitute "N.P. 83/7". 106 Part 31--Great Otway National Park In Part 31 of Schedule Two to the National Parks Act 1975-- (a) for "110 420" substitute "110 555"; 20 (b) for "N.P. 111E/4" substitute "N.P. 111E/5". 107 Part 36--Errinundra National Park In Part 36 of Schedule Two to the National Parks Act 1975-- (a) for "39 870" substitute "43 090"; 25 (b) for "N.P. 92/2" substitute "N.P. 92/3". 591060B.I-12/11/2019 44 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 108 Part 41--Greater Bendigo National Park In Part 41 of Schedule Two to the National Parks Act 1975-- (a) for "17 585" substitute "17 615"; 5 (b) for "N.P. 105B/3" substitute "N.P. 105B/4". 109 New Part 2 of Schedule Three inserted After Part 1A of Schedule Three to the National Parks Act 1975 insert-- "Part 2--Yallock-Bulluk Marine and 10 Coastal Park All those pieces and parcels of land containing 3535 hectares, more or less, situated partly in the Parishes of Kirrak, Wonthaggi and Woolamai, Counties of Buln 15 Buln and Mornington, being the land delineated and coloured pink or coloured yellow or coloured blue in the plan lodged in the Central Plan Office and numbered N.P. 122 excepting any land between high 20 water mark and 1000 metres seawards of high water mark forming part of the park described in Part 1 of Schedule Seven.". 110 Part 7 of Schedule Three repealed Part 7 of Schedule Three to the National Parks 25 Act 1975 is repealed. 111 Part 7 of Schedule Four repealed Part 7 of Schedule Four to the National Parks Act 1975 is repealed. 591060B.I-12/11/2019 45 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 112 New Schedule Nine inserted After Schedule Eight to the National Parks Act 1975 insert-- "Schedule Nine--Landscape 5 conservation areas Part 1--Yellingbo Landscape Conservation Area All those pieces and parcels of land containing 1790 hectares, more or less, 10 situated in the Parishes of Beenak, Gembrook, Gracedale, Gruyere, Nangana, Wandin Yallock, Woori Yallock and Yuonga, County of Evelyn, being the land delineated and coloured pink or coloured 15 grey or coloured yellow or coloured green in the plans lodged in the Central Plan Office and numbered N.P. 123A, N.P. 123B, N.P. 123C, N.P. 123D, N.P. 123E and N.P. 123F. Division 1--Nature Conservation Area 20 Subdivision 1--Beenak Nature Conservation Area The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured grey or coloured green in the plan 25 lodged in the Central Plan Office and numbered N.P. 123E. Subdivision 2--Hoddles Creek Nature Conservation Area The land forming part of the Yellingbo 30 Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan 591060B.I-12/11/2019 46 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 lodged in the Central Plan Office and numbered N.P. 123E. Subdivision 3--Sheep Station Creek Nature Conservation Area 5 The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123D. 10 Subdivision 4--Warramate Hills Nature Conservation Area The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink in the plan lodged in the 15 Central Plan Office and numbered N.P. 123A. Subdivision 5--Yellingbo Nature Conservation Area The land forming part of the Yellingbo 20 Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan lodged in the Central Plan Office and numbered N.P. 123C. Division 2--Natural Features Area 25 Subdivision 1--Wright Forest Bushland Area The land forming part of the Yellingbo Landscape Conservation Area delineated and coloured pink or coloured yellow in the plan 30 lodged in the Central Plan Office and numbered N.P. 123F. 591060B.I-12/11/2019 47 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 7--Amendment of National Parks Act 1975 Division 3--Community Use Area-- Education Area Subdivision 1--Haining Farm The land forming part of the Yellingbo 5 Landscape Conservation Area delineated and coloured pink in the plan lodged in the Central Plan Office and numbered N.P. 123B.". 591060B.I-12/11/2019 48 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 8--Amendment of Parks Victoria Act 2018 Part 8--Amendment of Parks Victoria Act 2018 113 Functions of Parks Victoria In section 8(1)(i) of the Parks Victoria Act 2018, 5 before "act" insert "to". 114 Process for making a statement of obligations or amendment or variation After section 33(2) of the Parks Victoria Act 2018 insert-- 10 "(3) If Parks Victoria advises the Minister that a submission made under subsection (1)(b) will be the only submission made in respect of the proposal, the Minister may make, amend or vary the statement of obligations 15 before the expiry of the 28-day period or any longer period under that subsection.". 591060B.I-12/11/2019 49 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 9--Amendment of Wildlife Act 1975 Part 9--Amendment of Wildlife Act 1975 115 Obligations of Secretary or Parks Victoria in relation to declared areas (1) In the heading to section 14B of the Wildlife 5 Act 1975, after "Secretary" insert "or Parks Victoria". (2) In section 14B(1) of the Wildlife Act 1975, for "The Secretary" substitute "The land manager". (3) In section 14B(1)(a) and (b) of the Wildlife 10 Act 1975, for "Secretary" substitute "land manager or the committee of management". (4) In section 14B(2) of the Wildlife Act 1975, for "Secretary" substitute "land manager or the committee of management". 591060B.I-12/11/2019 50 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 10--Amendment of Zoological Parks and Gardens Act 1995 Part 10--Amendment of Zoological Parks and Gardens Act 1995 116 New section 33A inserted After section 33 of the Zoological Parks and 5 Gardens Act 1995 insert-- "33A Management of certain land at Healesville (1) Despite anything to the contrary in this Act, the Board must manage the Yellingbo land in accordance with the purposes set out in 10 section 17E(3)(a) of the National Parks Act 1975. (2) In this section-- Yellingbo land means that part of the land shown on the plan in Part 3 of 15 Schedule 1 that is shown coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./19-280.". 591060B.I-12/11/2019 51 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Part 11--Repeal of this Act Part 11--Repeal of this Act 117 Repeal of this Act This Act is repealed on 1 December 2021. Note 5 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). ═════════════ 591060B.I-12/11/2019 52 BILL LA INTRODUCTION 12/11/2019

 


 

Parks and Crown Land Legislation Amendment Bill 2019 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. By Authority. Government Printer for the State of Victoria. 591060B.I-12/11/2019 53 BILL LA INTRODUCTION 12/11/2019

 


 

 


[Index] [Search] [Download] [Related Items] [Help]