Crown Land Legislation Amendment (Canadian …FILE/16-012a.docx · Web viewPage Endnotes Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 No. 12

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

No. 12 of 2016

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 2

Part 2—Creation of Canadian Regional Park, Hepburn Regional Park, Kerang State Wildlife Reserve and other amendments 3

Division 1—Crown Land (Reserves) Act 1978 3

3 New section 47E inserted 34 New Part 5 inserted into Second Schedule 45 Macedon Regional Park 116 New Division 6 inserted into Part 4A of the Fifth Schedule 117 New Division 7 inserted into Part 4A of the Fifth Schedule 118 New Division 4 inserted into Part 5 of the Fifth Schedule 129 Otway Forest Park 1210 Cobboboonee Forest Park 12

Division 2—Consequential amendments 13

11 Restricted Crown land—Canadian Regional Park 1312 Restricted Crown land—Hepburn Regional Park 1313 Restricted Crown land—Kerang State Wildlife Reserve 13

Part 3—Bee site licences amendments 14

Division 1—Land Act 1958 14

14 Definitions 1415 Heading preceding section 141 substituted 1416 Sections 141 to 149 substituted 1417 New sections 417 to 419 inserted 2518 Penalty for unauthorized occupation or depasturing on certain

lands 27

Division 2—Crown Land (Reserves) Act 1978 27

19 New sections 17H, 17I and 17J inserted 27

1

Division 3—Forests Act 1958 29

20 Definitions 2921 Forest produce is property of the Crown 2922 Heading to section 41 inserted and section 41 amended 2923 Reserved forests 2924 Licences and permits with respect to forests 3025 Power to direct route for removal etc. of forest produce 3026 New section 104 inserted 30

Division 4—Livestock Disease Control Act 1994 31

27 Abandoned hives 31

Division 5—National Parks Act 1975 33

28 Management agreements with Trust for Nature 3329 Minister may make management agreements with public

authorities 3330 Leasing and managing of land adjacent to parks 3331 Order that land to be treated as a park for certain purposes 3432 Secretary may grant certain permits etc. 3433 Trades and businesses not to be carried on in parks unless

authorised 3434 Transitional provisions 3535 Schedule Four amended 35

Division 6—Wildlife Act 1975 37

36 Secretary to manage State Wildlife Reserves 3737 New section 106 inserted 38

Part 4—National, State and other parks amendments 39

38 Native title not affected 3939 New definitions inserted into Schedule One AA 3940 New Part 6 inserted into Schedule One AA 4041 National parks 4242 State parks 4343 Other parks 44

Part 5—Repeal of amending Act 45

44 Repeal of amending Act 45═══════════════

Endnotes 46

1 General information 46

Crown Land Legislation Amendment (Canadian Regional Park and Other

Matters) Act 2016†

No. 12 of 2016

[Assented to 5 April 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to amend the Crown Land (Reserves) Act 1978 to provide for the creation of Canadian Regional Park, Hepburn Regional Park and Kerang State Wildlife Reserve; and

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(b) to amend the Land Act 1958 to provide for bee site licences; and

(c) to amend the National Parks Act 1975 to alter the boundaries of several parks; and

(d) to make consequential and other amendments to these and other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2016, it comes into operation on that day.

Section Page

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Part 2—Creation of Canadian Regional Park, Hepburn Regional Park, Kerang State

Wildlife Reserve and other amendments

Division 1—Crown Land (Reserves) Act 19783 New section 47E inserted

After section 47D of the Crown Land (Reserves) Act 1978 insert—

"47E Revocation of reservations—excised land—Cobboboonee Forest Park

(1) On the commencement of section 10 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 the reservation of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./15-226 is revoked.

(2) On the revocation of the reservation of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./15-226—

(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

(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 revoked to the extent that they apply to that land.".

Part 5—Repeal of amending Act


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4 New Part 5 inserted into Second Schedule

After Part 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 insert—

"Part 5—Crown Land Legislation Amendment (Canadian Regional

Park and Other Matters) Act 20169 Definitions

In this Part—

Canadian Regional Park means the area of land described in Division 6 of Part 4A of the Fifth Schedule;

Hepburn Regional Park means the area of land described in Division 7 of Part 4A of the Fifth Schedule;

Kerang State Wildlife Reserve means the area of land described in Division 4 of Part 5 of the Fifth Schedule.

10 Revocation of reservations, regulations and other interests—Canadian Regional Park

(1) On the commencement of section 6 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016—

(a) any reservation under this or any other Act over the whole or a part of the Canadian Regional Park that is in force immediately before that commencement is revoked; and

(b) the appointment of any committee of management of the whole or a part of



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the Canadian Regional Park is revoked to the extent that it relates to that land immediately before that commencement; and

(c) any regulations made under section 13 that apply to the whole or a part of the Canadian Regional Park immediately before that commencement are revoked to the extent that they apply to that land; and

(d) subject to subclause (2), the Canadian Regional Park is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of that land immediately before that commencement; and

(e) for the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-227—

(i) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and

(ii) 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 past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan cease.

(2) Despite anything to the contrary in this Act, any licence, permit or other authority over



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any part of the Canadian Regional Park that was granted or issued under this Act, the Forests Act 1958, the Land Act 1958 or the Water Act 1989 and that is in force immediately before the commencement of section 6 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—

(a) its terms and conditions; and

(b) the provisions of the Act under which it was granted or issued.

11 Revocation of reservations, regulations and other interests—Hepburn Regional Park


(a) any reservation under this or any other Act over the whole or a part of the Hepburn Regional Park that is in force immediately before that commencement is revoked; and

(b) the appointment of any committee of management of the whole or a part of the Hepburn Regional Park is revoked to the extent that it relates to that land immediately before that commencement; and

(c) any regulations made under section 13 that apply to the whole or a part of the Hepburn Regional Park immediately before that commencement are revoked



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to the extent that they apply to that land; and

(d) subject to subclause (2), the Hepburn Regional Park is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of that land immediately before that commencement; and


(i) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and


(2) Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the Hepburn Regional Park that was granted or issued under this Act, the Forests Act 1958, the Land Act 1958 or the Water Act 1989 and that is in force immediately before the commencement of section 7 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in



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force on and after that commencement subject to—

(a) its terms and conditions; and

(b) the provisions of the Act under which it was granted or issued.

12 Revocation of reservations, regulations and other interests—Kerang State Wildlife Reserve


(a) any reservation under this or any other Act over the whole or a part of the Kerang State Wildlife Reserve that is in force immediately before that commencement is revoked; and

(b) the appointment of any committee of management of the whole or a part of the Kerang State Wildlife Reserve is revoked to the extent that it relates to that land immediately before that commencement; and

(c) any regulations made under section 13 that apply to the whole or a part of the Kerang State Wildlife Reserve immediately before that commencement are revoked to the extent that they apply to that land; and

(d) subject to subclause (2), the Kerang State Wildlife Reserve is freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in



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or applying to the whole or any part of the land immediately before that commencement; and


(i) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or a road reserve; and


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

(a) any licence, permit or other authority over any part of the Kerang State Wildlife Reserve that was granted or issued under this Act, the Forests Act 1958, the Land Act 1958 or the Water Act 1989, and that is in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force on and after that commencement subject to—

(i) its terms and conditions; and



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(ii) the provisions of the Act under which it was granted or issued; and

(b) the Water Corporation may continue to discharge treated wastewater within the Kerang State Wildlife Reserve if the discharge occurs—

(i) under and in accordance with the licence in relation to that part of the Reserve known as Fosters Swamp, that was issued to the Water Corporation under section 20 of the Environment Protection Act 1970 on 11 August 2009 and amended on 21 November 2013 and 22 July 2015 and as in force immediately before the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, subject to the terms and conditions of that licence; or

(ii) under and in accordance with any other licence in relation to that part of the Reserve known as Fosters Swamp, issued to the Water Corporation under section 20 of the Environment Protection Act 1970 before, on or after the commencement of section 8 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 and as amended from time to time,



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subject to any terms and conditions of that licence.

(3) The Kerang State Wildlife Reserve is taken to be classified as a State Game Reserve pursuant to an Order of the Governor in Council under section 15(2) of the Wildlife Act 1975.

(4) In this clause—

Water Corporation means the Lower Murray Urban and Rural Water Corporation established under Division 1 of Part 6 of the Water Act 1989.".

5 Macedon Regional Park

In Division 3 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./11-187" substitute "LEGL./14-055".

6 New Division 6 inserted into Part 4A of the Fifth Schedule

After Division 5 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 6—Canadian Regional ParkThe land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./15-227.".

7 New Division 7 inserted into Part 4A of the Fifth Schedule

At the end of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 7—Hepburn Regional Park



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The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./15-242.".

8 New Division 4 inserted into Part 5 of the Fifth Schedule

After Division 3 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 4—Kerang State Wildlife Reserve

The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./15-241.

Purposes of the reservation—

The purposes of the management of wildlife.".

9 Otway Forest Park

In Division 1 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./11-031, LEGL./11-032, LEGL./11-033, LEGL./11-034 and LEGL./11-035" substitute "LEGL./14-056, LEGL./14-057, LEGL./14-058, LEGL./14-059 and LEGL./14-060".

10 Cobboboonee Forest Park

In Division 2 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978—

(a) omit "or coloured yellow";

(b) for "LEGL./08-009 and LEGL./08-010" substitute "LEGL./15-225 and LEGL./15-226".



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Division 2—Consequential amendments11 Restricted Crown land—Canadian Regional Park

After clause 4AB of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 insert—

"4AC. Any land described in Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.".

12 Restricted Crown land—Hepburn Regional Park

Before clause 4B of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 insert—

"4AD. Any land described in Division 7 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.".

13 Restricted Crown land—Kerang State Wildlife Reserve

After clause 4BA of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 insert—

"4BB. Any land described in Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.".



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Part 3—Bee site licences amendments

Division 1—Land Act 195814 Definitions

In section 3(1) of the Land Act 1958 insert the following definitions—

"bee site licence means a licence granted under section 142(1) for the purpose of keeping hives or farming bees;

bee site licence area means the area of land over which a bee site licence is granted;

bee site licence fee means the fee for the grant of a bee site licence determined by the Minister in accordance with section 144;

bee site licensee means a person who holds a current bee site licence;".

15 Heading preceding section 141 substituted

For the heading preceding section 141 of the Land Act 1958 substitute—

"Bee site licences".

16 Sections 141 to 149 substituted

For sections 141 to 149, including the headings preceding sections 146 and 149, of the Land Act 1958 substitute—

"141 Person may apply for bee site licence

(1) A person may apply to the Minister for a bee site licence.

(2) An application for a bee site licence must be accompanied by the prescribed application fee (if any).



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142 Minister may grant bee site licence

(1) The Minister may grant a licence over land specified in section 143(1) on receiving an application under section 141(1).

(2) The term of a bee site licence must not exceed 10 years.

(3) Subject to subsection (4), the boundary of the bee site licence area must not extend further than an 800-metre radius from the centre of the bee site licence area.

(4) The boundary of a bee site licence area may extend further than an 800-metre radius from the centre of the bee site licence area if—

(a) immediately before the commencement of section 16 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016—

(i) a person held a licence or permit for the purpose of keeping hives or farming bees (the original licence) in respect of more or less the same licence or permit area as that bee site licence area; and

(ii) the area of land to which the original licence applied extended further than a radius of 800 metres from the centre of that original licence area; and

(b) the bee site licence is granted to—

(i) the person referred to in paragraph (a)(i); or



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(ii) a person to whom a bee site licence or a saved licence for that bee site licence area is or has been transferred.

(5) In subsection (4)(b)(ii), saved licence means—

(a) a transitioned licence within the meaning of section 417; or

(b) a licence or permit saved by any of the following—

(i) section 17I of the Crown Land (Reserves) Act 1978;

(ii) section 104 of the Forests Act 1958;

(iii) clause 26 of Schedule One AA to the National Parks Act 1975;

(iv) section 106 of the Wildlife Act 1975.

(6) The Minister, at any time, may impose, vary or revoke any terms and conditions on a bee site licence as the Minister thinks fit.

(7) Before granting a bee site licence over land specified in section 143(1)(b), (c), (d) or (e), the Minister must obtain the consent of the Minister responsible for the Act under which that land is controlled and managed.

143 Land over which bee site licence may be granted

(1) Subject to subsection (2), the Minister may grant a bee site licence over the following land—

(a) unreserved Crown land under this Act;



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(b) reserved Crown land under the Crown Land (Reserves) Act 1978, except for land that is managed by—

(i) a committee of management that is not Parks Victoria; or

(ii) a trustee;Note

Reserved Crown land under the Crown Land (Reserves) Act 1978 includes land that is managed by Parks Victoria as committee of management.

(c) reserved forest within the meaning of the Forests Act 1958;

(d) the following land under the National Parks Act 1975—

(i) a park within the meaning of that Act;

(ii) land managed by the Secretary in accordance with a management agreement under section 19A or 19C of that Act, if the agreement specifically provides that any or all of sections 141 to 149 of this Act apply to that land;

(iii) land leased by the Minister and managed by the Secretary in accordance with section 19E of that Act, if the lease specifically provides that any or all of sections 141 to 149 of this Act apply to that land;

(iv) land ordered by the Governor in Council to be treated as a park under section 19F of that Act, if



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the land is specified in Schedule Four to that Act as being subject to any or all of sections 141 to 149 of this Act;

(e) a State Wildlife Reserve or a Nature Reserve within the meaning of the Wildlife Act 1975.

(2) The centre of a bee site licence area must not be located on, or within 800 metres of, any of the following land—

(a) a wilderness park described in Schedule Two A to the National Parks Act 1975;

(b) a wilderness zone described in Schedule Five to the National Parks Act 1975;

(c) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992;

(d) a reference area proclaimed under the Reference Areas Act 1978;

(e) land which is the subject of a recommendation made by the Victorian Environmental Assessment Council, the former Environment Conservation Council or the former Land Conservation Council—

(i) that the land be a reference area under the Reference Areas Act 1978; and

(ii) that has been wholly accepted by Government, or partly accepted if that partial acceptance includes the recommendation that the land be a reference area.



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144 Fees to be determined by Minister

(1) The Minister may determine any fee payable for the grant of a bee site licence.

(2) The Minister must publish a determination under subsection (1) in the Government Gazette.

(3) The Minister may waive, reduce or refund, in whole or in part, any fee determined under subsection (1).

(4) The Consolidated Fund is by this subsection appropriated to the necessary extent to pay any refund under subsection (3).

(5) A power conferred by subsection (1) to make a determination relating to fees payable for the grant of a bee site licence may be exercised by providing for any or all of the following matters—

(a) specific fees;

(b) fees that vary according to the area or term of the bee site licence to which they apply;

(c) the manner of payment of fees, including the payment of fees by instalment;

(d) the time at which, or by which, fees are to be paid.

145 Conditions relating to access to a bee site licence area

(1) The Minister may determine terms and conditions relating to a bee site licensee's access to a bee site licence area over land referred to in section 143(1).



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(2) Any terms and conditions determined by the Minister under this section apply in addition to any conditions or restrictions imposed under any Act or subordinate instrument regulating—

(a) the land on which the bee site licence area is located; and

(b) the land over which access to the bee site licence area is granted.

(3) Before determining any terms and conditions under subsection (1) in relation to access over land that is not unreserved Crown land under this Act, the Minister must obtain the consent of the Minister responsible for the Act under which that land is controlled and managed.

146 Transfer of bee site licence

(1) A bee site licensee may apply to the Minister for approval to transfer a bee site licence to another person.

(2) An application under subsection (1) must—

(a) be made in the prescribed form (if any); and

(b) be accompanied by the prescribed fee (if any).

(3) The Minister may—

(a) approve the transfer of the bee site licence; or

(b) refuse to approve the transfer of the licence; or

(c) approve the transfer of the licence subject to conditions determined by the Minister.



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147 Process on expiry of current bee site licence

(1) Before the expiry of a current bee site licence, the Minister, by notice, may offer the bee site licensee a new bee site licence in respect of more or less the same bee site licence area.

(2) The Minister may specify the following in a notice under subsection (1)—

(a) the bee site licence fee; and

(b) any changes to the terms and conditions of the new bee site licence determined in accordance with subsection (3); and

(c) the commencement date for the new bee site licence.

(3) A new bee site licence offered under this section is subject to the same terms and conditions as the current bee site licence, unless the Minister imposes, varies or revokes any terms or conditions that the Minister thinks fit.

(4) If the bee site licensee pays the bee site licence fee for the new bee site licence on or before the expiry of the current bee site licence, a new bee site licence is taken to have been granted under section 142 on the commencement date specified in the notice under subsection (1).

(5) The new bee site licence referred to in subsection (4) remains in force for the period in respect of which the licence fee is paid.

(6) A yearly invoice for payment of a bee site licence fee that has been apportioned as an annual sum does not constitute a notice under subsection (1).



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148 Application of presumption of bee site licence

(1) Section 147 has effect—

(a) despite anything to the contrary in this Subdivision or any corresponding previous enactment; and

(b) despite a licensee not applying for a new bee site licence.

(2) Section 147 does not—

(a) relieve a bee site licensee from liability for contravention of a bee site licence; or

(b) prevent the grant of a new bee site licence under section 142 to that licensee.

(3) Section 147 applies even if a bee site licence has been lost, if it appears from records kept by the Secretary that the bee site licence was originally granted.

149 Offences

(1) A person must not use or occupy land referred to in section 143(1) for a purpose relating to apiculture unless authorised to do so under any of the following—

(a) a bee site licence;

(b) a licence or right referred to in section 417, 418 or 419;

(c) a licence granted under section 17 or 17B of the Crown Land (Reserves) Act 1978—

(i) by a trustee or a committee of management (other than Parks Victoria); or



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(ii) by Parks Victoria as committee of management or the Secretary, which is continued in force by section 17I of that Act;

(d) a licence or permit granted under section 52(1) of the Forests Act 1958 which is continued in force by section 104 of that Act;

(e) a permit granted under section 21(1)(b) of the National Parks Act 1975 which is continued in force by clause 26 of Schedule One AA to that Act;

(f) a licence granted under section 16(2)(a) of the Wildlife Act 1975 which is continued in force by section 106 of that Act.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

(2) A person must not use or occupy the following land for a purpose relating to apiculture—

(a) a wilderness park described in Schedule Two A to the National Parks Act 1975;

(b) a wilderness zone described in Schedule Five to the National Parks Act 1975;

(c) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992;

(d) a reference area proclaimed under the Reference Areas Act 1978;



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(e) land which is the subject of a recommendation made by the Victorian Environmental Assessment Council, the former Environment Conservation Council or the former Land Conservation Council—

(i) recommending that the land be a reference area under the Reference Areas Act 1978; and

(ii) that has been wholly accepted by Government, or partly accepted if that partial acceptance includes the recommendation that the land be a reference area.



(3) A bee site licensee must not use or occupy land referred to in section 143(1) in a manner that contravenes the licensee's bee site licence.



(4) In this section, a person uses or occupies land for a purpose relating to apiculture if—

(a) the person places or keeps hives on the land; or

(b) the person permits the person's bees to forage over the land for nectar or pollen.".



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17 New sections 417 to 419 inserted

After section 416 of the Land Act 1958 insert—

"417 Transitional provision for bee farm licences and bee range area licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

(1) In this section, transitioned licence means either or both of the following licences in respect of the same land that a person holds immediately before section 16 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 comes into operation—

(a) a bee farm licence granted under section 141;

(b) a bee range area licence granted under section 147.

(2) A transitioned licence continues in force subject to its terms and conditions on and after the commencement of section 16 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016.

(3) Sections 141, 142, 143, 145, 147 and 148 as in force immediately before the commencement of section 16 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continue to apply with respect to the holder of a transitioned licence as if those sections had not been substituted by that Act, until the earliest of the following occurs—



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(a) the licence expires;

(b) the licence is cancelled;

(c) a bee site licence is granted under section 142 as in force after that commencement to the holder of a transitioned licence in respect of more or less the same land.

418 Transitional provision for holders of agricultural licences—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

Despite the substitution of section 144 by the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, the holder of an agricultural licence who, immediately before that substitution, kept hives on the land held under the agricultural licence in accordance with that section may continue to keep those hives on the land on and after that substitution until the expiry of the agricultural licence, as if that section had not been substituted.

419 Transitional provision for holders of apiary occupation rights—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

Despite the substitution of section 149 by the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, an apiary occupation right granted under that section and in force immediately before the commencement of section 16 of that Act continues in force



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subject to its terms and conditions as if section 149 had not been substituted, until the earliest of the following occurs—

(a) the apiary occupation right expires;

(b) the apiary occupation right is cancelled;

(c) a bee site licence is granted under section 142 to the holder of the apiary occupation right in respect of more or less the same land.".

18 Penalty for unauthorized occupation or depasturing on certain lands

At the end of section 188 of the Land Act 1958 insert—

"(2) Subsection (1) does not apply to unauthorised occupation of Crown land for a purpose relating to apiculture.Note

See section 149 for offences relating to unauthorised occupation of Crown land for a purpose relating to apiculture.".

Division 2—Crown Land (Reserves) Act 197819 New sections 17H, 17I and 17J inserted

After section 17G of the Crown Land (Reserves) Act 1978 insert—

"17H Use of reserved land for apiculture

On and from the commencement of section 19 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, a licence over reserved land for a purpose relating to apiculture may only be granted under section 17 or 17B by a trustee or a committee of management (other than a



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committee of management that is Parks Victoria).Note

See sections 141 to 149 of the Land Act 1958.

17I Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

A licence granted under section 17 or 17B for a purpose relating to apiculture by a committee of management that is Parks Victoria or by the Secretary, and in force immediately before the commencement of section 19 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, continues in force subject to its terms and conditions on and after that commencement until the earliest of the following occurs—



(c) a bee site licence is granted under section 142 of the Land Act 1958 to the holder of the licence granted under section 17 or 17B in respect of more or less the same land.

17J Purpose relating to apiculture

A licence referred to in section 17H or 17I is taken to be granted for a purpose relating to apiculture if it permits the licensee—

(a) to keep bee hives on the licensed land; or

(b) to enable the licensee's bees to forage over the licensed land for nectar or pollen.".



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Division 3—Forests Act 195820 Definitions

In section 3(1) of the Forests Act 1958 insert the following definitions—

"bee site licence area has the same meaning as it has in the Land Act 1958;

bee site licensee has the same meaning as it has in the Land Act 1958;".

21 Forest produce is property of the Crown

After section 4(2) of the Forests Act 1958 insert—

"(2A) Despite subsection (2), forest produce that is nectar, honey or beeswax may pass from the Crown to another person in accordance with the Land Act 1958.".

22 Heading to section 41 inserted and section 41 amended

(1) Insert the following heading to section 41 of the Forests Act 1958—

"Reserved forest and the Land Act 1958".

(2) At the end of section 41 of the Forests Act 1958 insert—

"(2) Nothing in subsection (1) affects the ability of the Minister administering the Land Act 1958 to grant a bee site licence over reserved forest in accordance with that Act.".

23 Reserved forests

(1) In section 42(4) of the Forests Act 1958, for "subsection (4A)" substitute "subsections (4A) and (4B)".



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(2) After section 42(4A) of the Forests Act 1958 insert—

"(4B) Nothing in subsection (4) prevents a bee site licence being granted under the Land Act 1958 over reserved forest.".

24 Licences and permits with respect to forests

In section 52(1A) of the Forests Act 1958—

(a) in paragraph (g), before "to take" insert "subject to paragraph (i),";

(b) in paragraph (i), after "1958" insert ", except a bee site licence within the meaning of that Act".

25 Power to direct route for removal etc. of forest produce

After section 79(1) of the Forests Act 1958 insert—

"(1A) An authorised officer may give directions regarding the route, road or track by which a bee site licensee accesses the bee site licence area.".

26 New section 104 inserted

After section 103 of the Forests Act 1958 insert—

"104 Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

(1) A licence or permit granted under section 52(1) for a purpose relating to apiculture and in force immediately before the commencement of section 24 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force



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subject to its terms and conditions on and after that commencement until the earliest of the following occurs—

(a) the licence or permit expires;

(b) the licence or permit is cancelled;

(c) a bee site licence is granted under section 142 of the Land Act 1958 to the holder of the licence or permit granted under section 52(1) in respect of more or less the same land.

(2) A licence or permit referred to in subsection (1) is taken to be granted for a purpose relating to apiculture if it permits the holder of the licence or permit—

(a) to keep bee hives on the land described in the licence or permit; or

(b) to enable the licensee's or permittee's bees to forage over the land described in the licence or permit for nectar or pollen.".

Division 4—Livestock Disease Control Act 199427 Abandoned hives

For section 125(2) of the Livestock Disease Control Act 1994 substitute—

"(2) Any hives found on Crown land are taken to be abandoned for the purposes of this section if they are not authorised by one of the following licences, rights or permits currently in force—



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(a) a bee site licence granted under section 142 of the Land Act 1958;

(b) a bee farm licence or a bee range area licence continued in force by section 417 of the Land Act 1958;

(c) a right continued in force by section 418 or 419 of the Land Act 1958;

(d) a licence granted under section 17 or 17B of the Crown Land (Reserves) Act 1978—

(i) by a trustee or a committee of management (other than Parks Victoria); or

(ii) by Parks Victoria as committee of management or the Secretary, which is continued in force by section 17I of the Crown Land (Reserves) Act 1978;

(e) a licence or permit granted under section 52(1) of the Forests Act 1958 which is continued in force by section 104 of that Act;

(f) a permit granted under section 21(1)(b) of the National Parks Act 1975 which is continued in force by clause 26 of Schedule One AA to that Act;

(g) a licence granted under section 16(2)(a) of the Wildlife Act 1975 which is continued in force by section 106 of that Act.".



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Division 5—National Parks Act 197528 Management agreements with Trust for Nature

In section 19A(2A) of the National Parks Act 1975—

(a) in paragraph (b), for "provides—" substitute "provides; and";

(b) after paragraph (b) insert—

"(c) any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides—".

29 Minister may make management agreements with public authorities

After section 19C(2)(c) of the National Parks Act 1975 insert—

"(ca) any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides, have effect in and in respect of the land as if the land were part of the park specified in the agreement; and".

30 Leasing and managing of land adjacent to parks

In section 19E(3) of the National Parks Act 1975—

(a) in paragraph (c), for "lease." substitute "lease; and";

(b) after paragraph (c) insert—

"(d) any or all of sections 141 to 149 of the Land Act 1958, as the lease specifically provides, have effect in and in respect of the land as if the land were part of the park specified in the lease.".



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31 Order that land to be treated as a park for certain purposes

(1) In section 19F(1) and (2)(a) of the National Parks Act 1975, after "under this Act" insert "or any or all of sections 141 to 149 of the Land Act 1958".

(2) In section 19F(2)(b) of the National Parks Act 1975, after "regulations" insert "or any or all of sections 141 to 149 of the Land Act 1958".

(3) In section 19F(3) of the National Parks Act 1975—

(a) in paragraph (a), after "the Act" insert "or sections 141 to 149 of the Land Act 1958";

(b) in paragraph (b), after "the Act" insert "or any or all of sections 141 to 149 of the Land Act 1958".

(4) In section 19F(6) of the National Parks Act 1975, after "regulations" insert "or sections 141 to 149 of the Land Act 1958".

32 Secretary may grant certain permits etc.

Section 21(1)(b) of the National Parks Act 1975 is repealed.

33 Trades and businesses not to be carried on in parks unless authorised

In section 43(2) of the National Parks Act 1975—

(a) in paragraph (b), for "Schedule Four." substitute "Schedule Four;";



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(b) after paragraph (b) insert—

"(c) a trade or business carried out in accordance with a bee site licence granted under section 142 of the Land Act 1958.".

34 Transitional provisions

At the end of Part 6 of Schedule One AA to the National Parks Act 1975 insert—

"26 Apiary permits

A permit granted under section 21(1)(b) and in force immediately before the commencement of section 32 of the 2016 Act continues in force subject to its terms and conditions on and after that commencement until the earliest of the following occurs—

(a) the permit expires;

(b) the permit is cancelled;

(c) a bee site licence is granted under section 142 of the Land Act 1958 to the holder of the permit granted under section 21(1)(b) in respect of more or less the same land.".

35 Schedule Four amended

(1) In Part 3 of Schedule Four to the National Parks Act 1975, before the heading "Application of the Regulations to the land" insert—

"Provisions of the Land Act 1958 to apply to the land

Sections 141 to 149 inclusive.".



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(4) In Part 6 of Schedule Four to the National Parks Act 1975—

(a) for the heading "Provision of Act to apply to the Land" substitute "Provisions of the Act to apply to the land";

(b) before the heading "Application of Regulations to the Land" insert—




(a) for the heading "Provisions of Act to apply to the land" substitute "Provisions of the Act to apply to the land";



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(b) before the heading "Application of the Regulations to the land" insert—




(a) for the heading "Provisions of Act that apply to the land" substitute "Provisions of the Act to apply to the land";

(b) before the heading "Application of Regulations to the land" insert—



Division 6—Wildlife Act 197536 Secretary to manage State Wildlife Reserves

(1) In section 16(2)(a) of the Wildlife Act 1975, after "licences" insert ", other than a licence for a purpose relating to apiculture,".

(2) After section 16(2) of the Wildlife Act 1975 insert—

"(3) A licence is taken to be granted for a purpose relating to apiculture if it permits the holder of the licence—

(a) to keep bee hives on the land described in the licence; or




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37 New section 106 inserted

After section 105 of the Wildlife Act 1975 insert—

"106 Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

(1) A licence granted under section 16(2)(a) for a purpose relating to apiculture and in force immediately before the commencement of section 36 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 continues in force subject to its terms and conditions on and after that commencement until the earliest of the following occurs—



(c) a bee site licence is granted under section 142 of the Land Act 1958 to the holder of the licence granted under section 16(2)(a) in respect of more or less the same land.

(2) A licence referred to in subsection (1) is taken to be granted for a purpose relating to apiculture if it permits the licensee—

(a) to keep bee hives on the licensed land; or




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Part 4—National, State and other parks amendments

38 Native title not affected

After clause 9 of Schedule One A to the National Parks Act 1975 insert—

"10 Native title not affected by the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

(1) The amendments made to this Act by Part 4 of the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 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 or under the Native Title Act 1993 of the Commonwealth.".

39 New definitions inserted into Schedule One AA

In clause 1 of Schedule One AA to the National Parks Act 1975 insert the following definitions—

"2016 Act means the Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016;

2016 Act park commencement, in relation to an area of land described in a Part in a Schedule to this Act, the description of which is inserted, substituted or amended by a provision of the 2016 Act, means the commencement of the provision of the 2016



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Act that so inserts, substitutes or amends the description;".

40 New Part 6 inserted into Schedule One AA

After clause 20 of Schedule One AA to the National Parks Act 1975 insert—

"Part 6—Crown Land Legislation Amendment (Canadian Regional

Park and Other Matters) Act 201621 Rights to cease—roads—Dandenong

Ranges National Park

On the 2016 Act park commencement, for the land shown on the plan lodged in the Central Plan Office and numbered N.P. 86/5—

(a) the land delineated and coloured yellow on the plan 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 the express or 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 the plan cease.

22 Rights to cease—roads—Murray-Sunset National Park

On the 2016 Act park commencement, for the land shown on the plan lodged in the Central Plan Office and numbered N.P. 51/4A and N.P. 51/4B—



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23 Rights to cease—roads—Port Campbell National Park

In respect of the land shown on the plan lodged in the Central Plan Office and numbered LEGL./15-217—

(a) the land delineated and shown hatched on the plan ceases to be a road or part of a road or road reserve; and


24 Rights to cease—roads—Warrandyte State Park




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25 Rights to cease—roads—Steiglitz Historic Park



(b) 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 past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan cease.".

41 National parks

(1) In Part 6 of Schedule Two to the National Parks Act 1975—

(a) for "3540 hectares" substitute "3535 hectares";



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(b) for "pink in plans" substitute "pink or coloured yellow in a plan";

(c) for "N.P. 86/4" substitute "N.P. 86/5".


(a) for "103 875 hectares" substitute "104 015 hectares";

(b) omit "or coloured yellow or coloured blue";

(c) for "N.P. 111A/3, N.P. 111B/3, N.P. 111C/2, N.P. 111D/2, N.P. 111E/3, N.P. 111F/1, N.P. 111G/1, N.P. 111H/4, N.P. 111J/2 and N.P. 111K/1" substitute "N.P. 111A/4, N.P. 111B/4, N.P. 111C/3, N.P. 111D/3, N.P. 111E/3, N.P. 111F/2, N.P. 111G/2, N.P. 111H/4, N.P. 111J/2 and N.P. 111K/2".


(a) for "664 810 hectares" substitute "665 400 hectares";

(b) omit "or coloured green";

(c) for "N.P. 51/3A and N.P. 51/3B" substitute "N.P. 51/4A and N.P. 51/4B".

42 State parks

(1) In Part 31 of Schedule Two B to the National Parks Act 1975—


(b) for "N.P. 21/7" substitute "N.P. 21/8".

(2) In Part 39 of Schedule Two B to the National Parks Act 1975—

(a) omit "or coloured yellow";

(b) for "N.P. 121/1" substitute "N.P. 121/2".



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43 Other parks

(1) In Part 13 of Schedule Three to the National Parks Act 1975—


(b) after "coloured pink" insert "or coloured yellow";




(b) omit "or coloured yellow";



(a) omit "or coloured green or coloured yellow";

(b) for "N.P. 117" substitute "N.P. 117/1".



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Part 5—Repeal of amending Act44 Repeal of amending Act

This Act is repealed on 1 December 2017.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).

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Endnotes


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http://www.legislation.vic.gov.au/

† Minister's second reading speech—

Legislative Assembly: 21 October 2015

Legislative Council: 10 December 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the Livestock Disease Control Act 1994, the Mineral Resources (Sustainable Development) Act 1990, the National Parks Act 1975 and the Wildlife Act 1975 and for other purposes."

Documents

Crown Land Legislation Amendment (Canadian …FILE/16-012a.docx · Web viewPage Endnotes Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016 No. 12