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PARLIAMENT OF VICTORIA
Parks and Crown Land Legislation Amendment
(East Gippsland) Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975 3
3 Definitions 3
4 Protection of access rights of freeholders in relation to certain
parks 4
5 Management agreements with managing water authorities 4
6 Determination of disputes 4
7 Insertion of section 32NA 4
32NA Management agreement with Barwon Water--
Brisbane Ranges National Park 4
8 Secretary may consent to certain guns or other weapons being
carried or used 5
9 Repeal of Part VIII 5
10 Repeal of spent provision 5
11 Insertion of new Schedule One AAA 6
SCHEDULE ONE AAA--Transitional Provisions 6
PART 1--PRELIMINARY 6
1 Definitions 6
PART 2--2009 EAST GIPPSLAND ACT 6
2 Apiary licences and rights 6
3 Tour operator licences and permits 7
4 Rights to cease--reserved forest 8
5 Rights to cease--roads 8
6 Land to become part of park on surrender to the
Crown--Brisbane Ranges National Park 8
7 Land adjacent to Croajingolong National Park 9
561449B.I-9/11/2009 i BILL LA INTRODUCTION 9/11/2009
Clause Page
8 Land adjacent to Errinundra National Park 9
9 Rights to cease--reserved forest--land adjacent to
certain parks 10
12 Amendment of Schedule One A 10
2A Native Title not affected by the Parks and Crown
Land Legislation Amendment (East Gippsland)
Act 2009 10
13 Amendment of Schedule Two 11
14 Amendment of Schedule Two B 14
15 New Schedule Three park 14
PART 12--TARA RANGE PARK 14
16 Amendment of Schedule Seven 14
17 Amendment of Schedule Eight 14
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978 15
18 Repeal of certain provisions as to committees of management 15
19 Repeal of transitional provisions, 2005 and 2006 Acts 15
20 Repeal of transitional provisions, 2008 Act 15
21 Insertion of new Schedule 16
SECOND SCHEDULE--Transitional Provisions 16
PART 1--PRELIMINARY 16
1 Definition 16
PART 2--2009 EAST GIPPSLAND ACT 16
2 Savings of licences and other authorities 16
3 Revocation of reservations, regulations and other
interests 17
4 Committee of management--Aireys Inlet Natural
Features Reserve 18
22 Insertion of new nature conservation reserves 19
Division 15--Boggy Creek Nature Conservation Reserve 19
Division 16--Cobon Nature Conservation Reserve 19
Division 17--Combienbar River Nature Conservation
Reserve 19
Division 18--Dawson-Murrindal Nature Conservation
Reserve 19
Division 19--Lower Cann River Nature Conservation
Reserve 19
Division 20--Lower Errinundra Nature Conservation
Reserve 20
561449B.I-9/11/2009 ii BILL LA INTRODUCTION 9/11/2009
Clause Page
Division 21--Martins Creek Nature Conservation Reserve 20
Division 22--Mount Stewart Nature Conservation Reserve 20
Division 23--Thirty-two Mile Nature Conservation Reserve 20
Division 24--Timbarra River South Nature Conservation
Reserve 20
Division 25--Wingan River West Nature Conservation
Reserve 21
Division 26--Wombat Creek Nature Conservation Reserve 21
23 Insertion of new natural features reserve 21
Division 9--Aireys Inlet Natural Features Reserve 21
24 Altered Crown land reserves--Fifth Schedule 21
Division 1--Otway Forest Park 21
PART 4--AMENDMENTS TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990 22
25 Definition of restricted Crown land 22
PART 5--REPEAL OF AMENDING ACT 23
26 Repeal of amending Act 23
ENDNOTES 24
561449B.I-9/11/2009 iii BILL LA INTRODUCTION 9/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Parks and Crown Land Legislation
Amendment (East Gippsland) Bill 2009
A Bill for an Act to amend the Crown Land (Reserves) Act 1978 and
the National Parks Act 1975 to make further provision for parks in
East Gippsland, and to make other amendments to those Acts, and to
make related amendments to another Act and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975 and
5 the Crown Land (Reserves) Act 1978 to
make further provision for parks in East
Gippsland; and
561449B.I-9/11/2009 1 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 1--Preliminary
s. 2
(b) to otherwise amend the National Parks Act
1975 and the Crown Land (Reserves) Act
1978; and
(c) to make related amendments to the Mineral
5 Resources (Sustainable Development) Act
1990.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
10 (2) If a provision of this Act does not come into
operation before 30 September 2010, it comes into
operation on that day.
__________________
561449B.I-9/11/2009 2 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 3
PART 2--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975
3 Definitions
(1) In section 3(1) of the National Parks Act 1975-- See:
Act No.
8702.
5 (a) in the definition of designated water supply Reprint No. 12
catchment area, for "South West water as at
14 February
supply catchment area" substitute "Wannon 2008
water supply catchment area"; and
amending
(b) in the definition of managing water Act Nos
38/1989,
10 authority, for "South West water supply 54/2008,
catchment area, South West Water" 61/2008,
6/2009,
substitute "Wannon water supply catchment 40/2009 and
area, Wannon Water". 48/2009.
LawToday:
(2) In section 3(1) of the National Parks Act 1975, www.
legislation.
15 the definition of South West Water is repealed. vic.gov.au
(3) In section 3(1) of the National Parks Act 1975,
the definition of South West water supply
catchment area is repealed.
(4) In section 3(1) of the National Parks Act 1975
20 insert--
"Wannon Water means Wannon Region Water
Corporation constituted under Part 6 of the
Water Act 1989;".
(5) In section 3(1) of the National Parks Act 1975
25 insert--
"Wannon water supply catchment area means the
land shown hatched on the plan numbered
N.P. 111H/3 and lodged in the Central Plan
Office;".
561449B.I-9/11/2009 3 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 4
4 Protection of access rights of freeholders in relation
to certain parks
(1) After section 30I(4)(a) of the National Parks Act
1975 insert--
5 "(ab) Part 2 of Schedule Two;".
(2) After section 30I(4)(b) of the National Parks Act
1975 insert--
"(ba) Part 1 or Part 12 of Schedule Three;".
5 Management agreements with managing water
10 authorities
In section 32I(1) of the National Parks Act 1975,
for paragraph (c) substitute--
"(c) Wannon Water for the management by
Wannon Water of the Wannon water supply
15 catchment area.".
6 Determination of disputes
In section 32M(1) of the National Parks Act
1975, for paragraph (c) substitute--
"(c) with Wannon Water about the management
20 of the Wannon water supply catchment
area--".
7 Insertion of section 32NA
After section 32N of the National Parks Act
1975 insert--
25 "32NA Management agreement with Barwon
Water--Brisbane Ranges National Park
(1) The Minister, with the agreement of the
Minister administering the Water Act 1989,
may enter into an agreement with Barwon
30 Water for Barwon Water to manage and
control any structures and installations on the
land described in Part 2 of Schedule Two
that are specified in the agreement.
561449B.I-9/11/2009 4 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 8
(2) For the purposes of giving effect to an
agreement under subsection (1), Barwon
Water may operate, repair, replace, maintain,
remove, connect, disconnect or do any other
5 thing necessary to manage or control the
structures and installations specified in the
agreement.
(3) In this section, structures and installations
means the dam wall and structures and
10 installations associated with the dam wall,
including, but not limited to, the spillway,
outlet structures, valve houses, standing
areas, security fences, survey and
geotechnical monitoring points and the
15 vehicle access track between the dam wall
security fence and the toe of the dam wall.".
8 Secretary may consent to certain guns or other
weapons being carried or used
(1) In section 37(3) of the National Parks Act 1975,
20 after "Schedule Two A" insert ", Part 12 of
Schedule Three".
(2) In section 37(6) of the National Parks Act 1975,
for "Parts 2A, 3, 6, 8 and 12" substitute
"Parts 2A, 3, 6 and 8".
25 9 Repeal of Part VIII
Part VIII of the National Parks Act 1975 is
repealed.
10 Repeal of spent provision
Section 61B of the National Parks Act 1975 is
30 repealed.
561449B.I-9/11/2009 5 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 11
11 Insertion of new Schedule One AAA
After Schedule One to the National Parks Act
1975 insert--
"SCHEDULE ONE AAA
5 TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
1 Definitions
In this Schedule--
2009 East Gippsland Act means the Parks
10 and Crown Land Legislation Amendment
(East Gippsland) Act 2009;
relevant park commencement, in relation to
an area of land described in a Part in a
Schedule to this Act, the description of
15 which is inserted or amended by a
provision of the 2009 East Gippsland
Act, means the commencement of the
provision of the 2009 East Gippsland
Act that so inserts or amends the
20 description.
PART 2--2009 EAST GIPPSLAND ACT
2 Apiary licences and rights
(1) Any licence or permit--
(a) granted under section 52 of the Forests
25 Act 1958 to take honey on any part of
the land described in Part 28 or 29 of
Schedule Two or Part 12 of Schedule
Three; and
561449B.I-9/11/2009 6 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 11
(b) in force immediately before the
relevant park commencement--
subject to the provisions of the Forests Act
1958, continues in force, on and after that
5 commencement, until its expiry as a licence
or permit granted under that Act.
(2) Any licence or right--
(a) granted under section 141, 147 or 149
of the Land Act 1958 for the purpose
10 of a bee farm, a bee range area or an
apiary upon any part of the land
described in Part 29 of Schedule Two;
and
(b) in force immediately before the
15 relevant park commencement--
subject to the provisions of the Land Act
1958, continues in force, on and after that
commencement until its expiry as a licence
granted under that Act.
20 3 Tour operator licences and permits
(1) Any relevant tourism licence or permit in
respect of any part of the land described in
Part 36 of Schedule Two that was in force
immediately before the relevant park
25 commencement, continues in force, on and
after that commencement, in respect of that
land as a licence or permit under the Act
under which it was granted until it expires.
(2) In this section relevant tour operator licence
30 or permit means any licence or permit to
conduct organised tourism or recreation
business activities granted under section 52
of the Forests Act 1958.
561449B.I-9/11/2009 7 BILL LA INTRODUCTION 9/11/2009
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Part 2--Amendments to the National Parks Act 1975
s. 11
4 Rights to cease--reserved forest
An area of land that becomes part of a park
on the relevant park commencement and that
is delineated and coloured green on a plan
5 lodged in the Central Plan Office, the
number of which is set out in the Table to
this clause, ceases to be reserved forest on
that commencement.
Table
N.P. 30/7, N.P. 31/5, N.P. 92/2, N.P. 120
10 5 Rights to cease--roads
An area of land that becomes part of a park
on the relevant park commencement and that
is delineated and coloured yellow on a plan
lodged in the Central Plan Office, the
15 number of which is set out in the Table to
this clause, ceases to be a road or part of road
or road reserve and all rights, easements and
privileges existing or claimed either by the
public or any body or person as incident to
20 the express or implied grant or past
dedication or supposed dedication or any
past user or operation of law or otherwise,
cease on that commencement.
Table
N.P. 1/7, N.P. 30/7, N.P. 31/5, N.P. 61/5,
N.P. 92/2, N.P. 105A/2, N.P. 120
25 6 Land to become part of park on surrender
to the Crown--Brisbane Ranges National
Park
If the land delineated and shown hatched on
the plan lodged in the Central Plan Office
30 and numbered N.P. 1/7 is not surrendered to
the Crown before the commencement of
section 13(1) of the 2009 East Gippsland
561449B.I-9/11/2009 8 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 11
Act, that land is taken not to be part of the
park described in Part 2 of Schedule Two
until the title to the land is surrendered to the
Crown.
5 7 Land adjacent to Croajingolong National
Park
(1) On the commencement of section 13(2) of
the 2009 East Gippsland Act, the land
delineated and coloured orange or coloured
10 purple on the plan lodged in the Central Plan
and numbered N.P. 30/7 is taken to be
reserved forest under section 42 of the
Forests Act 1958.
(2) On the commencement of section 13(2) of
15 the 2009 East Gippsland Act, land that is
delineated and coloured orange or coloured
yellow and hatched on a plan lodged in the
Central Plan Office and numbered N.P. 30/7
ceases to be a road or part of road or road
20 reserve and all rights, easements and
privileges existing or claimed either by the
public or any body or person as incident to
the express or implied grant or past
dedication or supposed dedication or any
25 past user or operation of law or otherwise,
cease on that commencement.
8 Land adjacent to Errinundra National
Park
(1) On the commencement of section 13(6) of
30 the 2009 East Gippsland Act, the land
delineated and coloured orange on the plan
lodged in the Central Plan and numbered
N.P. 92/2 is taken to be reserved forest under
section 42 of the Forests Act 1958.
561449B.I-9/11/2009 9 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 12
(2) On the commencement of section 13(6) of
the 2009 East Gippsland Act, the land
delineated and coloured orange on the plan
lodged in the Central Plan and numbered
5 N.P. 92/2 ceases to be a road or part of road
or road reserve and all rights, easements and
privileges existing or claimed either by the
public or any body or person as incident to
the express or implied grant or past
10 dedication or supposed dedication or any
past user or operation of law or otherwise,
cease on that commencement.
9 Rights to cease--reserved forest--land
adjacent to certain parks
15 On the commencement of this section, the
land delineated and coloured brown on a
plan lodged in the Central Plan Office, the
number of which is set out in the Table to
this clause ceases to be reserved forest.
20 Table
N.P. 30/7, N.P. 120
__________________".
12 Amendment of Schedule One A
After clause 2 in Schedule One A to the National
Parks Act 1975 insert--
25 "2A Native Title not affected by the Parks and
Crown Land Legislation Amendment
(East Gippsland) Act 2009
(1) The amendments made to this Act by the
Parks and Crown Land Legislation
30 Amendment (East Gippsland) Act 2009
are not intended to affect native title rights
and interests.
561449B.I-9/11/2009 10 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 13
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
or under the Native Title Act 1993 of the
5 Commonwealth.".
13 Amendment of Schedule Two
(1) In Part 2 of Schedule Two to the National Parks
Act 1975--
(a) for "7718 hectares" substitute
10 "8865 hectares";
(b) for "bordered red excepting therefrom the
roads shown as excluded also excepting
therefrom land bordered blue" substitute
"coloured pink or coloured yellow excepting
15 therefrom the roads shown as excluded";
(c) for "N.P. 1/6" substitute "N.P. 1/7".
(2) In Part 28 of Schedule Two to the National Parks
Act 1975--
(a) for "87 790 hectares" substitute
20 "88 560 hectares";
(b) for "bordered red, excepting from them the
roads shown as excluded also excepting from
them land bordered blue" substitute
"coloured pink or coloured green or coloured
25 yellow";
(c) for "N.P. 30/6" substitute "N.P. 30/7";
(d) for "Also excepted" substitute "Excepted".
(3) In Part 29 of Schedule Two to the National Parks
Act 1975--
30 (a) for "987 km2" substitute "114 600 hectares";
(b) after "Deddick," insert "Dellicknora,";
561449B.I-9/11/2009 11 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 13
(c) for "Loongelaat, Moonkan, Murrindal East,
Tingaringy, Tubbut, Wat Wat and
Woongulmerang East" substitute
"Moonkan, Murrindal East, Pinnak,
5 Tingaringy, Tubbut, Wat Wat,
Woongulmerang East and Yalmy";
(d) for "bordered red, excepting from them the
roads shown as excluded also excepting from
them the land bordered in blue in a plan
10 prepared by the Surveyor-General"
substitute "coloured pink or coloured green
or coloured yellow in a plan";
(e) for "N.P. 31/4" substitute "N.P. 31/5".
(4) In Part 31 of Schedule Two to the National Parks
15 Act 1975, for "N.P. 111B/2" substitute
"N.P. 111B/3" and for "N.P. 111H/2" substitute
"N.P. 111H/3".
(5) In Part 34 of Schedule Two to the National Parks
Act 1975--
20 (a) for "168 110 hectares" substitute
"168 145 hectares";
(b) for "N.P. 61/4" substitute "N.P. 61/5".
(6) In Part 36 of Schedule Two to the National Parks
Act 1975--
25 (a) for "26 875 hectares" substitute
"39 870 hectares";
(b) after "Bidwell," insert "Bungywarr,";
(c) for "Goongerah and Noonga" substitute
"Goolengook, Goongerah, Kuark and
30 Noonga";
561449B.I-9/11/2009 12 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 13
(d) for "bordered red or green or coloured
yellow, excepting from them the roads
shown as excluded" substitute "coloured
pink or coloured green or coloured yellow";
5 (e) for "N.P. 92/1 and N.P. 92A" substitute
"N.P. 92/2".
(7) In Part 37 of Schedule Two to the National Parks
Act 1975--
(a) for "660 550 hectares" substitute
10 "661 375 hectares";
(b) after "Falls Creek Alpine Resort" insert
"also excepting Crown Allotment 1,
Section 5, Parish of Burrungabugge";
(c) for "and N.P. 70/1h" substitute ", N.P. 70/1h
15 and N.P. 70/1j".
(8) In Part 41 of Schedule Two to the National Parks
Act 1975--
(a) for "17 020 hectares" substitute
"17 175 hectares";
20 (b) omit "or coloured green";
(c) for "N.P. 105A/1" substitute "N.P. 105A/2";
(d) for "and that is at or above" substitute
", that is at or above".
(9) In Part 43 of Schedule Two to the National Parks
25 Act 1975--
(a) for "13 900 hectares" substitute
"13 990 hectares";
(b) omit "or coloured green or coloured yellow";
(c) for "N.P. 107" substitute "N.P. 107/1".
561449B.I-9/11/2009 13 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 2--Amendments to the National Parks Act 1975
s. 14
14 Amendment of Schedule Two B
In Part 17 of Schedule Two B to the National
Parks Act 1975--
(a) for "20 180 hectares" substitute
5 "20 185 hectares";
(b) after "coloured green" insert "or coloured
yellow";
(c) for "N.P. 89/2" substitute "N.P. 89/3".
15 New Schedule Three park
10 After Part 11 of Schedule Three to the National
Parks Act 1975 insert--
"PART 12--TARA RANGE PARK
All those pieces and parcels of land containing
7620 hectares, more or less, situate in the Parishes
15 of Bete Belong North, Buchan, Loongelaat and
Pinnak, Counties of Croajingolong and Tambo,
being the land delineated and coloured pink or
coloured green or coloured yellow in the plan
lodged in the Central Plan Office and numbered
20 N.P. 120.".
16 Amendment of Schedule Seven
In Part 5 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 4/2" substitute
"M.N.P. 4/3".
25 17 Amendment of Schedule Eight
In Part 2 of Schedule Eight to the National Parks
Act 1975, for "area" substitute "land".
__________________
561449B.I-9/11/2009 14 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 18
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
18 Repeal of certain provisions as to committees of
management
5 (1) Section 14(4)(d) of the Crown Land (Reserves) See:
Act No.
Act 1978 is repealed. 9212.
Reprint No. 9
(2) Section 15(8A)(c) of the Crown Land (Reserves) as at
15 January
Act 1978 is repealed. 2009
and
amending
Act Nos
64/2004,
6/2009 and
40/2009.
LawToday:
www.
legislation.
vic.gov.au
19 Repeal of transitional provisions, 2005 and 2006
10 Acts
(1) Section 50C of the Crown Land (Reserves) Act
1978 is repealed.
(2) Section 62 of the Crown Land (Reserves) Act
1978 is repealed.
15 20 Repeal of transitional provisions, 2008 Act
(1) Section 65 of the Crown Land (Reserves) Act
1978 is repealed.
(2) Section 67 of the Crown Land (Reserves) Act
1978 is repealed.
561449B.I-9/11/2009 15 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 21
21 Insertion of new Schedule
After the First Schedule to the Crown Land
(Reserves) Act 1978 insert--
"SECOND SCHEDULE
5 TRANSITIONAL PROVISIONS
PART 1--PRELIMINARY
1 Definition
In this Schedule--
2009 East Gippsland Act means the Parks
10 and Crown Land Legislation
Amendment (East Gippsland) Act
2009;
relevant reserve commencement, in relation
to an area of land described in the Fifth
15 Schedule, the description of which is
inserted or amended by a provision of
the 2009 East Gippsland Act, means the
commencement of the provision of the
2009 East Gippsland Act that so inserts
20 or amends the description.
PART 2--2009 EAST GIPPSLAND ACT
2 Savings of licences and other authorities
Despite anything to the contrary in this Act,
any licence, permit or other authority over
25 any part of the land described in--
(a) Division 15, 16, 17, 18, 19, 20, 21, 22,
23, 24, 25 or 26 of Part 1 of the Fifth
Schedule; or
561449B.I-9/11/2009 16 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 21
(b) Division 9 of Part 3 of the Fifth
Schedule--
that was granted or issued under this Act, the
Forests Act 1958, the Geothermal Energy
5 Resources Act 2005, the Land Act 1958 or
the Mineral Resources (Sustainable
Development) Act 1990 and that was in
force immediately before the relevant reserve
commencement continues in force on and
10 after that commencement, subject to its terms
and conditions and the provisions of the Act
under which it was granted or issued.
3 Revocation of reservations, regulations
and other interests
15 On the relevant reserve commencement--
(a) any reservation, under this or any other
Act, over any part of the land described
in--
(i) Division 15, 16, 17, 18, 19, 20,
20 21, 22, 23, 24, 25 or 26 of Part 1
of the Fifth Schedule; or
(ii) Division 9 of Part 3 of the Fifth
Schedule--
that was in force immediately before
25 that commencement is revoked; and
(b) any regulations made under section 13
of this Act that applied to the land
immediately before that
commencement are revoked in so far as
30 they apply to the land; and
(c) subject to clause 2, the land is taken to
be freed and discharged from all trusts,
limitations, reservations, restrictions,
encumbrances, estates and interests in
35 or applying to any part of the land
561449B.I-9/11/2009 17 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 21
immediately before that
commencement; and
(d) the lands delineated and coloured
yellow on the plans lodged in the
5 Central Plan Office and numbered
LEGL./09-374, LEGL./09-377,
LEGL./09-378, LEGL./09-379,
LEGL./09-381 and LEGL./09-384,
cease to be roads or parts of roads or
10 road reserves and all rights, easements
and privileges existing or claimed,
either by the public or any body or
person as incident to any express or
implied grant or past dedication or
15 supposed dedication or any past user or
operation of law or otherwise, cease.
4 Committee of management--Aireys Inlet
Natural Features Reserve
On the commencement of section 23 of the
20 2009 East Gippsland Act, the committee of
management of Aireys Inlet Recreation
Reserve in office immediately before that
commencement is taken to be the committee
of management appointed under this Act of
25 the land described in Division 9 of Part 3 of
the Fifth Schedule.
__________________".
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Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 22
22 Insertion of new nature conservation reserves
After Division 14 of Part 1 of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
insert--
5 "Division 15--Boggy Creek Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./09-374.
10 Division 16--Cobon Nature Conservation
Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
LEGL./09-375.
15 Division 17--Combienbar River Nature
Conservation Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
LEGL./09-376.
20 Division 18--Dawson-Murrindal Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./09-377.
25 Division 19--Lower Cann River Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./09-378.
561449B.I-9/11/2009 19 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 22
Division 20--Lower Errinundra Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
5 Office and numbered LEGL./09-379.
Division 21--Martins Creek Nature
Conservation Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
10 LEGL./09-380.
Division 22--Mount Stewart Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
15 Office and numbered LEGL./09-381.
Division 23--Thirty-two Mile Nature
Conservation Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
20 LEGL./09-382.
Division 24--Timbarra River South Nature
Conservation Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
25 LEGL./09-383.
561449B.I-9/11/2009 20 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 3--Amendments to the Crown Land (Reserves) Act 1978
s. 23
Division 25--Wingan River West Nature
Conservation Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
5 Office and numbered LEGL./09-384.
Division 26--Wombat Creek Nature
Conservation Reserve
The land delineated and coloured pink on the plan
lodged in the Central Plan Office and numbered
10 LEGL./09-385.".
23 Insertion of new natural features reserve
After Division 8 of Part 3 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978 insert--
"Division 9--Aireys Inlet Natural Features
15 Reserve
Crown allotment 19J, Parish of Angahook.".
24 Altered Crown land reserves--Fifth Schedule
(1) Division 3 of Part 5 of the Fifth Schedule to the
Crown Land (Reserves) Act 1978 is repealed.
20 (2) For Division 1 of Part 7 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978
substitute--
"Division 1--Otway Forest Park
The land delineated and coloured pink on the
25 plans lodged in the Central Plan Office and
numbered LEGL./08-012, LEGL./08-014,
LEGL./08-015, LEGL./09-386 and
LEGL./09-387.".
__________________
561449B.I-9/11/2009 21 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 4--Amendments to the Mineral Resources (Sustainable Development)
s. 25
Act 1990
PART 4--AMENDMENTS TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
25 Definition of restricted Crown land
See: (1) In clause 4A of Schedule 3 to the Mineral
Act No.
5 92/1990. Resources (Sustainable Development) Act 1990,
Reprint No. 7 after "1 to 6" insert "and 9".
as at
29 February
2007
(2) After clause 4C of Schedule 3 to the Mineral
and Resources (Sustainable Development) Act 1990
amending
Act Nos
insert--
16/2006,
10 63/2006, "4D. Any land described in Divisions 15 to 26 of
25/2008, Part 1 of the Fifth Schedule to the Crown
54/2008,
6/2009 and Land (Reserves) Act 1978.".
57/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561449B.I-9/11/2009 22 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Part 5--Repeal of Amending Act
s. 26
PART 5--REPEAL OF AMENDING ACT
26 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
5 Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561449B.I-9/11/2009 23 BILL LA INTRODUCTION 9/11/2009
Parks and Crown Land Legislation Amendment (East Gippsland) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561449B.I-9/11/2009 24 BILL LA INTRODUCTION 9/11/2009
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