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National Parks (Additions and Other
Amendments) Bill
Victorian Legislation Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Act.
Clause 2 provides for the commencement of the Act.
PART 2--AMENDMENTS TO THE NATIONAL PARKS ACT
1975
In this Part of the memorandum, a reference to the Act is a reference to the
National Parks Act 1975, and a reference to a section or Schedule is a
reference to a section or Schedule of that Act, unless otherwise indicated.
Division 1--Miscellaneous Amendments to the National Parks Act
1975
Division 1 contains clauses 3-18.
Clause 3 substitutes a new section 10 which specifies the membership of
the National Parks Advisory Committee and the criteria for
selecting particular members.
Clause 4 repeals section 11(1)(b). Currently section 11(1)(b) specifies that
the National Parks Advisory Council may, as one of its functions,
act as a committee of management for certain lands.
This function is no longer required.
Clause 5 repeals section 12. Currently section 12 enables the National
Parks Advisory Council to be appointed as a committee of
management.
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551172 BILL LA CIRCULATION 4/6/2004
Clause 6 amends section 25B by substituting a revised section to enable
the licensing of the harvesting of a pine plantation in Lake Eildon
National Park, subject to conditions. The amendment removes
references to parks for which the provision is spent or no longer
required: Otway and Alpine National Parks, Angahook-Lorne,
Victorian Legislation Parliamentary Documents
Barmah and Lerderderg State Parks and the former Wabonga
Plateau State Park.
Clause 7 repeals section 30(2). Currently section 30(2) enables the
Minister to consent to any public authority grazing cattle in that
part of Mornington Peninsula National Park which was part of
the former Nepean State Park. Grazing has ceased in the park
and this section is now not required.
Clause 8 repeals section 30L, which is spent. Section 30L required reports
to be prepared for those national and State parks referred to in the
National Parks (Box-Ironbark and Other Amendments) Act
2002.
Clause 9 repeals section 32A. Currently section 32A enables the Minister
to grant a tenancy of land in Port Campbell National Park for surf
lifesaving purposes. This is a consequential amendment to the
amendments to section 32B which consolidate in the one section
the provisions relating to tenancies for surf lifesaving purposes
(see clause 11).
Clause 10 substitutes a new section 32AE(3) which specifies the
membership of the Alpine Advisory Committee and the criteria
for selecting particular members.
Clause 11 amends section 32B by consolidating in that section the
provisions relating to tenancies for surf lifesaving purposes.
In particular, sub-clause (2) inserts sub-section (1A) to enable
the Minister to grant tenancies of land in Mornington Peninsula
National Park, Port Campbell National Park and Cape Liptrap
Coastal Park for surf lifesaving purposes. This new provision
enables a tenancy to be granted at Sorrento Ocean Beach
(Mornington Peninsula National Park), where there was no surf
lifesaving operation prior to 1978 (a precondition of a tenancy
under the current sections 32A and 32B), and at Venus Bay in
Cape Liptrap Coastal Park.
Clause 12 repeals section 32C. Currently section 32C enables the Minister
to grant a tenancy of land and buildings in connection with a
riding school at Arthurs Seat State Park. This section should, in
fact, refer to part of the former Nepean State Park which is now
included in Mornington Peninsula National Park. The provision
is not required for either park.
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Clause 13 amends section 32D(1)(c) to reinstate Mornington Peninsula
National Park in the description of parks where searching for
gemstones may be permitted.
Clause 14 repeals section 32FA. Currently section 32FA enables the
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Minister to grant a licence to graze cattle in part of Lysterfield
Park. This provision is no longer required now that the specified
area has been substantially replanted.
Clause 15 repeals sections 44(3) and 44(4), which are spent. These sections
enabled the lawful carriage or use of spear guns in four marine
national parks and part of one marine sanctuary until 1 April
2004 (when fishing was prohibited in those areas). (The carriage
of spear guns in a park may be authorised under section 37AA.)
Clause 16 repeals sections 45A(9)-(12), which are spent. These sub-
sections enabled fishing to be carried out lawfully in four marine
national parks and part of one marine sanctuary until 1 April
2004.
Clause 17 repeals several spent transitional provisions.
Section Description of section
50 Cessation of rights in relation to
roads and reserved forest at
Errinundra and Terrick Terrick
National Parks
50A Cessation of rights in relation to
reserved forest and roads in or
adjacent to various box-ironbark
parks and at Mitchell River
National Park
50B Revocation of interests in vested
land at Greater Bendigo National
Park
50F(3) Transitional provision for
firewood licences at Warby
Range State Park
50F(4) Date on which section 50F(3)
expired
50G Transitional provision for forest
produce licences at Heathcote-
Graytown National Park
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Section Description of section
50H Transitional provision for apiary
licences in various box-ironbark
parks
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50J Transitional provision for a
grazing licence at Mitchell River
National Park
53 Cessation of rights in relation to
reserved forest at Alpine National
Park
Clause 18 substitutes a new section 59 and sections 60-64 for section 59,
which is spent. Currently section 59 is a transitional provision
which excised land from various parks and included that land in
marine national parks or marine sanctuaries on 16 November
2002.
Proposed new section 59 and proposed section 60 are transitional
provisions relating to the amendments to the National Parks
Advisory Council and the Alpine Advisory Committee (see
clauses 3 and 10).
Proposed sections 61-64 relate to various parks referred to in
Division 2 of Part 2 of the Bill.
Proposed section 61 provides that the areas coloured yellow on
specified plans cease to be roads when they are included in
particular parks (see clauses 19-21).
Proposed section 62 provides that the areas coloured green on
specified plans cease to be reserved forest. It also provides, at
the same time, for areas coloured brown on the plans of Chiltern-
Mt Pilot, Greater Bendigo and Heathcote-Graytown National
Parks to cease to be reserved forest. These are small areas,
mostly containing sections of road abutting or adjacent to the
parks, that are being excised from reserved forest to assist in
rationalising the road network in the vicinity.
Proposed section 63 deems certain land (a cemetery reserve and
an area set aside for church purposes) shown hatched on the new
plan of Heathcote-Graytown National Park never to have been
included in the park. This ensures that the interests and rights
associated with those areas were not affected by the areas having
been incorrectly shown as included in the park.
Proposed section 64 requires the Registrar of Titles to make any
amendments to the Register if requested.
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Division 2--Amendments Related to Parks and Other Areas
Division 2 contains clauses 19-24.
Please note that the new area of each park (in hectares) in the amended
Schedules to the Act reflects a recalculation of the area of the whole park.
Victorian Legislation Parliamentary Documents
Clause 19 amends Schedule Two (National Parks) as set out below:
Clause National Park Amendment
Addition Excision
19(1) Tarra-Bulga 380 ha 0.6 ha
19(2) French Island 165 ha
19(3) Morwell 160 ha
19(4) Mount Eccles 2425 ha
19(5) Wyperfeld 190 ha
19(6) Croajingolong 85 ha
19(7) Chiltern-Mt Pilot 2 ha 7 ha
19(8) Grampians 985 ha
19(9) Greater Bendigo 35 ha 0·1 ha
19(10) Heathcote-Graytown 3·6 ha 4·5 ha
Clause 20 amends Schedule Two B (State Parks) as set out below:
Clause State Park Amendment
Addition Excision
20(1) Angahook-Lorne Repeal of authority to
harvest forest produce
20(2) Arthurs Seat 6 ha
20(3) Barmah Repeal of authority to
harvest forest produce
20(4) Bunyip 115 ha
20(5) Langi Ghiran 280 ha
20(6) Lerderderg 5930 ha
Repeal of authority to
extract forest produce
20(7) Moondarra 575 ha
20(8) Mount Arapiles- 2415 ha
Tooan
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Clause 21 amends Schedule Three (Other Parks) as set out below:
Clause Park Amendment
Addition Excision
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21(1) Beechworth Park Change of name to
Beechworth Historic Park
13 ha 12 ha
21(2) Woodlands Historic 115 ha
Park
21(3) Steiglitz Park Change of name to
Steiglitz Historic Park
15 ha
Clause 22 amends the description of Castlemaine Diggings National
Heritage Park in Part 8 of Schedule Four. The amendments to
the plans of the park include an additional 45 hectares and
exclude 4 hectares (see clause 30).
Clause 23 amends Part 17 of Schedule Six to correct the area of the Mount
Burrowa Remote and Natural Area (6200 hectares).
Clause 24 amends the Act as set out in Schedule 1 to the Bill. This inserts
Schedule One A, which contains provisions relating to native
title.
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
In this Part of the memorandum, unless otherwise indicated, a reference to
the Act is a reference to the Crown Land (Reserves) Act 1978 and a
reference to a section, Division or Part is a reference to a section, Division or
Part of that Act, and a reference to regulations is a reference to regulations
made under that Act.
Division 1--General Amendments to the Crown Land (Reserves)
Act 1978
Division 1 of the Bill contains clauses 25-31, which relate mainly to specific
reserves.
Clause 25 amends section 3 by inserting a definition of "Central Plan
Office".
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Clause 26 amends section 18A(1) by substituting the updated reference to
Castlemaine Diggings National Heritage Park in the description
of land that is placed under the control and management of the
Secretary for the purposes of enabling the area to be managed
under various provisions of the National Parks Act 1975.
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Clause 27 inserts a new heading in Part 6 to create Division 1. Division 1
contains provisions relating to miscellaneous reserves.
Clause 28 repeals sections 31, 32, 40, 42 and 43. These sections relate to
the original reservation of the Castlemaine Diggings land,
Tungamah and Youarang Natural Features Reserves and
Eldorado Historic Reserve. These reserves are being re-reserved
under sections 45-47 and descriptions of them included in the
Fifth Schedule (see clause 30 and Schedule 2 to the Bill).
Clause 29 amends sections 35-39 and 41 to remove redundant wording
describing the Central Plan Office, which will now be defined in
section 3.
Clause 30 substitutes Divisions 2, 3 and 4 of Part 6 for section 44.
Currently section 44 is a spent transitional provision relating to
the cessation of roads that were included in several box-ironbark
reserves.
Division 2 contains proposed new section 44 and proposed sections 45-47.
These deem various areas of land to be reserved for specified public
purposes.
Proposed new section 44 deems each area of land described in a
Division of Part 1 of the Fifth Schedule to be reserved for the
purposes of nature conservation.
Proposed section 45 deems each area of land described in a
Division of Part 2 of the Fifth Schedule to be reserved for the
purposes of the protection of cultural and natural heritage.
Proposed section 46 deems each area of land described in a
Division of Part 3 of the Fifth Schedule to be reserved for the
purposes of the protection of natural features.
Proposed section 47 deems each area of land described in a
Division of Part 4 of the Fifth Schedule to be reserved for the
purposes of the protection of historic and cultural features.
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Division 3 contains proposed sections 48 and 49, which are transitional
provisions relating to the creation of several reserves.
Proposed section 48(1) provides that any existing reservation of,
or particular interests in, land included in the reserves described
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in the Fifth Schedule cease, any regulations applying to the land
are repealed, and any licence, permit or other authority under
specified Acts are not affected.
Proposed section 48(2) provides that the areas coloured yellow
on the specified plans of various reserves (Eldorado, Marble
Gully-Mount Tambo, Tungamah, Wehla, Wychitella and
Youarang) cease to be roads.
Proposed section 48(3) provides that the areas coloured green on
the plans of various reserves (Glenmaggie, Gobarup, Mount
Elizabeth, Tallageira and Wehla) cease to be reserved forest.
Proposed section 48(4) provides that the areas coloured brown on
the plans of Gobarup and Wehla Nature Conservation Reserves
cease to be reserved forest. These are small areas containing
sections of road abutting the reserves that are being excised from
reserved forest to assist in rationalising the road network in the
vicinity.
Proposed section 49 deems that certain land (a school plantation
reserve and several freehold allotments) shown hatched on the
new plans of Castlemaine Diggings National Heritage Park (sub-
sections (1), (2) and (3)), Tungamah Natural Features Reserve
(sub-section (4)) and Youarang Natural Features Reserve (sub-
section (5)) were never included in those reserves. This ensures
that the interests and rights associated with the specified areas
were not affected by the areas having been incorrectly shown as
included in the reserves.
Division 4 contains proposed new section 50.
Proposed section 50 requires the Registrar of Titles to make any
amendments to the Register if requested.
Clause 31 amends the Act as set out in Schedule 2 to the Bill. This inserts
the proposed Fifth Schedule, which contains the descriptions of
various reserves.
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Division 2--Amendments Related to Additions to Wychitella
Nature Conservation Reserve
Division 2 contains clauses 32 and 33, which relate to the addition of further
areas of land to Wychitella Nature Conservation Reserve.
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Clause 32 amends the description of Wychitella Nature Conservation
Reserve to add areas totalling 160 hectares. These are areas
within which eucalyptus oil harvesting may continue until no
later than 26 February 2012 (see clause 2(3)).
Clause 33 inserts proposed section 49A, which is a transitional provision
relating to the additions to Wychitella Nature Conservation
Reserve.
PART 4--AMENDMENTS TO OTHER ACTS
Clause 34 amends the definition of restricted Crown land in Schedule 3 to
the Mineral Resources Development Act 1990.
Clause 34(1) substitutes a new clause 1 and clauses 1A and 1B
for clause 1 of Schedule 3 to that Act. This is to clarify that
land is restricted Crown land if it is subject to an accepted
"relevant recommendation" of the Victorian Environmental
Assessment Council (VEAC) that it be reserved for one of
several specified purposes or, if there is no accepted VEAC
recommendation of any kind applying to the land, it is subject
to an accepted "relevant recommendation" of the former Land
Conservation Council that it be reserved for one of those
purposes. (Under section 28(3) of the Victorian Environmental
Assessment Council Act 2001, a recommendation of the former
Environment Conservation Council is deemed to be a
recommendation of VEAC.)
Clause 34(2) substitutes a new clause 4A which updates the
references to the Tungamah, Youarang and Eldorado reserves
under the Crown Land (Reserves) Act 1978.
Clause 35 repeals section 62(1A)(a) of the Forests Act 1958. Currently
section 62(1A)(a) deems land for which the National Parks
Advisory Council is a committee of management to be protected
public land, if it is not otherwise. The repeal is a consequential
amendment to the repeal of the power to appoint the Council as a
committee of management under the National Parks Act 1975
(see clause 5). The Council is currently not a committee of
management of any land.
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Clause 36 amends section 29(3) of the National Parks (Amendment)
Act 1989, which provides for a further addition to Moondarra
State Park but has not yet been proclaimed. The amendments
are a consequence of the additions to the park in this Bill (see
clause 20(7)).
Victorian Legislation Parliamentary Documents
SCHEDULE 1
Schedule 1 amends the National Parks Act 1975 by inserting proposed
Schedule One A. This proposed schedule includes the standard provisions
relating to native title.
Clause 1 defines certain terms.
Clause 2 states that the amendments made to the National Parks Act 1975
by the Bill are not intended to affect native title rights and
interests other than where they are affected or are authorised to
be affected by or under the Native Title Act 1993 of the
Commonwealth.
SCHEDULE 2
Schedule 2 amends the Crown Land (Reserves) Act 1978 by inserting the
proposed Fifth Schedule. This enables the descriptions of various reserves
created by amendments to the Act to be consolidated. The Fifth Schedule
contains four Parts.
Part 1 contains the descriptions of the following nature conservation reserves.
Division Nature Conservation
of Part 1 Reserve General location Area (ha)
1 Glenmaggie North of Heyfield 800
2 Gobarup South-west of 310
Rushworth
3 Jilpanger South-west of 3270
Horsham
4 Marble Gully-Mount South-east of 6050
Tambo Benambra
5 Mount Elizabeth North-east of 5220
Bruthen
6 Tallageira South of Little 3760
Desert near South
Australia border
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Division Nature Conservation
of Part 1 Reserve General location Area (ha)
7 Wehla North of Moliagul 400
8 Wychitella Wedderburn 2780
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Notes: Jilpanger Nature Conservation Reserve includes the existing Flora
and Fauna Reserve (8975 ha) together with new reserve areas
totalling 3270 hectares, in total 12 245 hectares.
The area of Wychitella Nature Conservation Reserve excludes
160 hectares that will be added by 2012.
Part 2 contains the description of one cultural and natural features reserve--
the Castlemaine Diggings National Heritage Park. This reserve is currently
described in section 31 which is being repealed (see clause 28). The new
plans for the reserve include an addition of 45 hectares and show, by
hatching, the areas that are deemed never to have been included (see clause
30 new sections 49(1) and (2)).
Part 3 contains the descriptions of Tungamah and Youarang Natural Features
Reserves. These reserves are currently described in sections 40 and 42
respectively, which are being repealed (see clause 28). The new plans for the
reserves define the boundaries of several roads, include several roads and
show, by hatching, the areas which are deemed never to have been included
(see clause 29 new sections 49(3) and (4)).
Part 4 contains the description of Eldorado Historic Reserve. This reserve is
currently described in section 43, which is being repealed (see clause 28).
The new plan of the reserve excludes a road and includes a small area of
unused road.
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