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Parks and Crown Land Legislation Amendment Act 2012

No. 7 of 2012

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3

3 Protection of access rights of freeholders in relation to certain parks 3

4 Arthurs Seat chairlift lease 332CA Arthurs Seat chairlift lease 3

5 Secretary may consent to certain guns or other weapons being carried or used 4

6 Exploration and mining licences 47 Section 50C repealed 48 Repeal of spent transitional provisions 49 Part 3 of Schedule One AAA repealed 510 Schedule One A amended 5

8 Native Title not affected by the Parks and Crown Land Legislation Amendment Act 2012 5

11 Insertion of definitions in Schedule One AA 512 Clause heading amended 613 Amendment of transitional provision—forest produce 614 Repeal of spent transitional provisions 715 New Part inserted in Schedule One AA 7

PART 3—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2012 7

9 Apiary licences and rights—Lake Tyers State Park 710 Tour operator licences—Lake Tyers State Park 811 Rights to cease—reserved forest 912 Continuation of lease—Lake Tyers State Park 913 Rights to cease—roads 1014 Water frontage licence—Lake Tyers State Park 10

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16 Schedule Two amended 1117 Part 43 of Schedule Two amended 1318 Schedule Two B amended 1319 Schedule Three amended 14

PART 3—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978 15

20 Repeal of duplicated requirements 1521 Second Schedule amended 1522 New Part of the Second Schedule inserted 15

PART 4—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2012 15

6 Definition 157 Savings of licences and other authorities 168 Revocation of reservations, regulations and other

interests 1723 Fourth Schedule repealed 1824 Amendment of the Fifth Schedule 18

PART 4—AMENDMENT TO THE FORESTS ACT 1958 20

25 Consultation over works on protected public land 20

PART 5—AMENDMENTS TO THE WATER INDUSTRY ACT 1994 21

26 Management of reservoir parks land 2127 Section 137 repealed 21

PART 6—REPEAL OF AMENDING ACT 22

28 Repeal of amending Act 22═══════════════

ENDNOTES 23

Parks and Crown Land Legislation Amendment Act 2012†

No. 7 of 2012

[Assented to 6 March 2012]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the National Parks Act 1975 to create Lake Tyers State Park and make additions of land to various existing parks; and

Victoria

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(b) to amend the National Parks Act 1975 to extend the maximum lease term for the Arthurs Seat chairlift lease; and

(c) to amend the National Parks Act 1975 to extend the period for the removal of residual firewood from Barmah National Park and Gunbower National Park and make other related amendments to that Act; and

(d) to amend the National Parks Act 1975 to change the name of St Arnaud Range National Park to Kara Kara National Park and to make other amendments to that Act; and

(e) to amend the Crown Land (Reserves) Act 1978 to create Gippsland Lakes Reserve (Raymond Island), to reclassify Frankston Natural Features Reserve as a nature conservation reserve and to make additions of land to other existing reserves; and

(f) to make miscellaneous amendments to the Crown Land (Reserves) Act 1978, the Forests Act 1958 and the Water Industry Act 1994.

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 January 2013, it comes into operation on that day.

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s. 2 Section Page

2

PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975

3 Protection of access rights of freeholders in relation to certain parks

In section 30I(4)(b) of the National Parks Act 1975 for "or Part 37" substitute ", Part 37 or Part 39".

4 Arthurs Seat chairlift lease

For section 32CA of the National Parks Act 1975 substitute—

"32CA Arthurs Seat chairlift lease

(1) After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 2 of Schedule Two B which is land—

(a) shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 36A; or

(b) delineated and coloured blue on that plan and is 6 metres or more above the land surface.

(2) The purpose of a lease under subsection (1) may be for the purposes of a chairlift and associated visitor facilities.

(3) A lease under subsection (1)—

(a) must be granted in writing; and

(b) must not be for a term of more than 21 years; and

(c) is subject to any rent and other charges and terms and conditions determined by the Minister.

s. 3Part 6—Repeal of amending Act

Parks and Crown Land Legislation Amendment Act 2012No. 7 of 2012

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(4) Despite subsection (3)(b), the Minister may grant a lease under subsection (1) for a term of more than 21 years but not exceeding 50 years if the Minister is satisfied that—

(a) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and

(b) the granting of a longer term lease is in the public interest.".

5 Secretary may consent to certain guns or other weapons being carried or used

(1) In section 37(2) of the National Parks Act 1975 for "or Part 38" substitute "or in Parts 38 and 39".

(2) In section 37(8) of the National Parks Act 1975 after "numbered N.P. 70/4f" insert "and shown bordered red or coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 70/1m".

6 Exploration and mining licences

In section 40(1C) of the National Parks Act 1975 for "N.P. 105A and N.P. 105B" substitute "N.P. 105A/3 and N.P. 105B/1".

7 Section 50C repealed

Section 50C of the National Parks Act 1975 is repealed.

8 Repeal of spent transitional provisions

(1) Clause 4 of Schedule One AAA to the National Parks Act 1975 is repealed.




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9 Part 3 of Schedule One AAA repealed

Part 3 of Schedule One AAA to the National Parks Act 1975 is repealed.

10 Schedule One A amended

After clause 7 of Schedule One A to the National Parks Act 1975 insert—

"8 Native Title not affected by the Parks and Crown Land Legislation Amendment Act 2012

(1) The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2012 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.".

11 Insertion of definitions in Schedule One AA

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

"2012 Act means the Parks and Crown Land Legislation Amendment Act 2012;



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2012 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 or amended by a provision of the 2012 Act, means the commencement of the provision of the 2012 Act that so inserts or amends the description;".

12 Clause heading amended

In the heading to clause 2 of Schedule One AA to the National Parks Act 1975 for "Permits to cut and take away" substitute "Cutting and taking away".

13 Amendment of transitional provision—forest produce

(1) Clause 2(1) of Schedule One AA to the National Parks Act 1975 is repealed.




(5) In clause 2(6) of Schedule One AA to the National Parks Act 1975 for "30 June 2011" substitute "30 June 2015".

(6) After clause 2(6) of Schedule One AA to the National Parks Act 1975 insert—

"(6A) A person may cut and take away forest produce (being forest produce felled in accordance with an earlier licence) from any part of a designated area of a relevant park for use as firewood for domestic or camping purposes outside the park if it is cut and taken away in accordance with the



6

conditions and the times determined by the Secretary.

(6B) The Secretary may from time to time determine the conditions and determine the times for the purposes of subclause (6A) by a determination published in the Government Gazette.

(6C) A person who acts under and in accordance with a determination under this clause does not commit an offence under this Act or the regulations.".

14 Repeal of spent transitional provisions

(1) Clause 9 of Schedule One AA to the National Parks Act 1975 is repealed.

(2) Clause 10 of Schedule One AA to the National Parks Act 1975 is repealed.

15 New Part inserted in Schedule One AA

After Part 2 of Schedule One AA to the National Parks Act 1975 insert—

"PART 3—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2012

9 Apiary licences and rights—Lake Tyers State Park

(1) Any licence or permit—

(a) granted under section 52 of the Forests Act 1958 to take honey on any part of the land described in Part 39 of Schedule Two B; and



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(b) in force immediately before the 2012 Act park commencement for that land—

subject to the provisions of the Forests Act 1958, continues in force, on and after that 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 of a bee farm, a bee range area or an apiary on any part of the land described in Part 39 of Schedule Two B; and


subject to the provisions of the Land Act 1958, continues in force, on and after that commencement, until its expiry as a licence or right granted under that Act.

10 Tour operator licences—Lake Tyers State Park

(1) Any relevant licence granted in respect of any of the land described in Part 39 of Schedule Two B in force immediately before the 2012 Act park commencement for that land is taken to be a licence granted under section 27D of the National Parks Act 1975 and continues in force, on and after that commencement, until its expiry.

(2) In this clause relevant licence means any licence to conduct an organised tour or recreational activity for profit granted under—



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(a) section 21B of the Crown Land (Reserves) Act 1978;

(b) section 57F of the Forests Act 1958;

(c) section 140I of the Land Act 1958.

11 Rights to cease—reserved forest

(1) On the commencement of section 16(5) of the 2012 Act, the land that is delineated and coloured green on the plan lodged in the Central Plan Office and numbered N.P. 42A/1 ceases to be reserved forest.

(2) On the 2012 Act park commencement for the land to which this subsection applies, the land that is delineated and coloured green or shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 121 ceases to be reserved forest.

12 Continuation of lease—Lake Tyers State Park

(1) Despite the commencement of section 18(2) of the 2012 Act, the Vodafone lease continues in force on and after that commencement, subject to its terms and may continue to be dealt with as a lease under section 51 of the Forests Act 1958.

(2) In subclause (1), Vodafone lease means the lease granted under section 51 of the Forests Act 1958 to Vodafone Network Pty Ltd (ACN 081 918 461) dated to commence on 2 September 2003 over Crown Allotment 2001, Section B, Parish of Colquhoun East.



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13 Rights to cease—roads

(1) On the 2012 Act park commencement for the land shown on each of the plans lodged in the Central Plan Office numbered N.P. 42A/2, N.P. 46A/6, N.P. 70/1k, N.P. 70/1m, N.P. 116B/1 or N.P. 121, the land delineated and coloured yellow on the plan ceases to be a road or part of a 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 dedication or supposed dedication or any past user or operation of law or otherwise, cease on that commencement.

(2) On the commencement of section 18(1) of the 2012 Act, each stratum of land that is 6 metres or more above the land surface and that is delineated and coloured blue on a plan lodged in the Central Plan Office numbered N.P. 36A ceases to be a road or part of a 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 dedication or supposed dedication or any past user or operation of law or otherwise, cease.

14 Water frontage licence—Lake Tyers State Park

Any licence—

(a) granted under section 130 of the Land Act 1958 to use a water frontage on any part of the land described in Part 39 of Schedule Two B; and



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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 the Land Act 1958.".

16 Schedule Two amended

(1) In Part 4 of Schedule Two to the National Parks Act 1975—

(a) for "N.P. 20A/13" substitute "N.P. 20A/14"; and

(b) omit ", excepting any land between high and low water mark forming part of the park described in Part 7 of Schedule Eight".


(a) for "14 250 hectares" substitute "14 365 hectares"; and

(b) omit "or coloured yellow"; and

(c) for "N.P. 7/3" substitute "N.P. 7/4".



(b) for "N.P. 8/9" substitute "N.P. 8/10".




(c) for "N.P. 83/5" substitute "N.P. 83/6"; and



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(d) for "Also excepted" substitute "Excepted from the park".



(b) omit "or coloured green"; and

(c) for "N.P. 42/5 and N.P. 42A/1" substitute "N.P. 42/6 and N.P. 42A/2".




(c) for "N.P. 61/5" substitute "N.P. 61/6".



(b) after "N.P. 70/1j." insert "Notwithstanding the areas bordered blue, the park also includes the areas shown bordered red or coloured yellow on the plans lodged in the Central Plan Office and numbered N.P. 70/1k and N.P. 70/1m.".


(a) for "9310 hectares" substitute "9320 hectares"; and

(b) omit "or coloured green or coloured yellow"; and

(c) for "N.P. 115" substitute "N.P. 115/1".



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(b) for "N.P. 116B" substitute "N.P. 116B/1".

17 Part 43 of Schedule Two amended

(1) In the heading to Part 43 of Schedule Two to the National Parks Act 1975 for "ST ARNAUD RANGE" substitute "KARA KARA".

(2) In Part 43 of Schedule Two to the National Parks Act 1975 for "N.P. 107/1" substitute "N.P. 107/2".

18 Schedule Two B amended

(1) In Part 2 of Schedule Two B to the National Parks Act 1975 after "N.P. 36/6" insert "and the strata of land which are 6 metres or more above the land surface delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 36A".

(2) After Part 38 of Schedule Two B to the National Parks Act 1975 insert—

"PART 39—LAKE TYERS STATE PARK

All those pieces and parcels of land containing 8645 hectares, more or less, situate in the Parishes of Colquhoun, Colquhoun East, Ninnie, Nowa Nowa South, Tildesley East and Tildesley West, County of Tambo, being the land delineated and coloured pink or coloured green or coloured yellow in a plan lodged in the Central Plan Office and numbered N.P. 121.".



13

19 Schedule Three amended

In Part 6 of Schedule Three to the National Parks Act 1975—


(b) for "N.P. 46A/5" substitute "N.P. 46A/6".

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PART 3—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978

20 Repeal of duplicated requirements

(1) Insert the following heading to section 20 of the Crown Land (Reserves) Act 1978—

"Procuring of forest produce on reserved land".

(2) Section 20(2) of the Crown Land (Reserves) Act 1978 is repealed.

(3) Section 20(3) of the Crown Land (Reserves) Act 1978 is repealed.

21 Second Schedule amended

(1) Clause 3 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.

(2) Clause 4 of the Second Schedule to the Crown Land (Reserves) Act 1978 is repealed.

22 New Part of the Second Schedule inserted

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

"PART 4—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2012

6 Definition

In this Part—

affected land means—

(a) the area of land described in Division 3 of Part 5 of the Fifth Schedule; or

(b) the area of the land described in Division 1 of Part 7 of the Fifth Schedule that is the area delineated and hatched in the plans lodged in the Central Plan



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Office and numbered LEGL./11-031, LEGL./11-032, LEGL./11-033, LEGL./11-034 and LEGL./11-035; or

(c) the area of the land described in Division 3 of Part 4A of the Fifth Schedule that is delineated and hatched in the plan lodged in the Central Plan Office and numbered LEGL./11-187;

relevant commencement, in relation to an area of affected land, means the commencement of the provision of the Parks and Crown Land Legislation Amendment Act 2012 that inserts the description of that area of land in Fifth Schedule.

7 Savings of licences and other authorities

Despite anything to the contrary in this Act, any licence, permit or other authority over any area or part of an area of affected land that was granted or issued under this Act, the Forests Act 1958, the Geothermal Energy Resources Act 2005, the Land Act 1958, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 and that was in force immediately before the relevant commencement for that area of affected land continues in force on and after that commencement, subject to its terms and conditions and the provisions of the Act under which it was granted or issued.



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8 Revocation of reservations, regulations and other interests

(1) On the relevant commencement for an area of affected land—

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

(b) any regulations made under section 13 of this Act that applied to the whole or a part of the area immediately before the relevant commencement are revoked in so far as they so apply; and

(c) subject to clause 7, the area is taken to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to the whole or any part of the area immediately before the relevant commencement.

(2) On the relevant commencement for an area of affected land that is delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./11-031 or on the plan lodged in the Central Plan Office and numbered LEGL./11-188, an area ceases to be a road or part of a road or a road reserve 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 supposed dedication or any past user or operation of law or otherwise, cease.".



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23 Fourth Schedule repealed

The Fourth Schedule to the Crown Land (Reserves) Act 1978 is repealed.

24 Amendment of the Fifth Schedule

(1) After Division 26 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 27—Frankston Nature Conservation Reserve

The land delineated and hatched on the plan lodged in the Central Plan Office and numbered LEGL./11-186.".

(2) Division 8 of Part 3 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 is repealed.

(3) In Division 3 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978—

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

(b) for "LEGL./06-069" substitute "LEGL./11-187".

(4) After Division 2 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert—

"Division 3—Gippsland Lakes Reserve (Raymond Island)

The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./11-188.

Purposes of the reservation—

The purposes of conservation, education and recreation.".



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(5) In Division 1 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978—

(a) after "coloured pink" insert "or coloured yellow"; and

(b) for "LEGL./08-015, LEGL./09-386, LEGL./10-104, LEGL./10-105 and LEGL./10-106" substitute "LEGL./11-031, LEGL./11-032, LEGL./11-033, LEGL./11-034 and LEGL./11-035".

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PART 4—AMENDMENT TO THE FORESTS ACT 1958

25 Consultation over works on protected public land

For section 62(3) of the Forests Act 1958 substitute—

"(3) The Secretary must not carry out work of a kind specified under subsection (2)(b) on protected public land not managed and controlled by the Secretary, unless the Secretary has consulted about the work proposed to be undertaken with the person or body responsible, under the Act under which the land is managed and controlled, for the management and control of the land.".

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PART 5—AMENDMENTS TO THE WATER INDUSTRY ACT 1994

26 Management of reservoir parks land

(1) In section 136(2) of the Water Industry Act 1994 omit "(5), (6),".

(2) For section 136(3) of the Water Industry Act 1994 substitute—

"(3) Regulations under this section do not have effect in relation to any reservoir parks land unless there is in force in respect of that land—

(a) the lease between Melbourne Water Corporation and Parks Victoria with a commencement date of 1 January 2009; or

(b) a lease between Melbourne Water Corporation and a public authority, where the Minister has approved the entry into that lease by the public authority for the purposes of this section.".

(3) In section 136(4) of the Water Industry Act 1994, for the definition of reservoir parks land substitute—

"reservoir parks land means the land delineated by heavy black lines on the plans lodged in the Central Plan Office and numbered LEGL./11-088 to LEGL./11-100 inclusive, excluding the areas shown as excluded on those plans.".

27 Section 137 repealed

Section 137 of the Water Industry Act 1994 is repealed.



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Part 6—Repeal of amending Act


22

PART 6—REPEAL OF AMENDING ACT

28 Repeal of amending Act

This Act is repealed on 1 January 2014.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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ENDNOTES

Endnotes


24

† Minister's second reading speech—

Legislative Assembly: 27 October 2011

Legislative Council: 9 February 2012

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 National Parks Act 1975 and the Water Industry Act 1994 and for other purposes."

Documents

Parks and Crown Land Legislation Amendment Act 2012FILE/12-007a.docx · Web viewOCPC-VIC, Word 2007, ... Parks and Crown Land Legislation Amendment Act 2012. ... to Vodafone Network