Victorian Current Acts

NATIONAL PARKS ACT 1975

TABLE OF PROVISIONS

           Preamble

   PART I--PRELIMINARY

   1.      Short title and commencement  
   3.      Definitions  
   4.      Objects of Act  
   4A.     Application of Road Management Act 2004  
   4B.     Transport Integration Act 2010  
   4C.     Filming Approval Act 2014  
   4D.     Traditional owner agreement for natural resources  

   PART II--ADMINISTRATION

   10.     National Parks Advisory Council  
   11.     Functions of National Parks Advisory Council  
   13.     Members of National Parks Advisory Council  
   16.     Certain offices deemed not to be office of profit under Crown  
   16A.    Management agreements with Traditional Owner Land Management Boards  
   16B.    Land to be managed consistently with joint management plan  

   PART IIA--GREAT OCEAN ROAD COAST AND PARKS AUTHORITY--LAND MANAGEMENT

   16C.    Appointment of Great Ocean Road Coast and Parks Authority as land manager  
   16D.    Management agreements with Parks Victoria  
   16E.    Great Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria  
   16F.    Great Ocean Road Coast and Parks Authority's performance and exercise of functions and powers  

   PART III--NATIONAL PARKS, STATE PARKS AND OTHER PARKS

           Division 1--National parks and State parks

   17.     National parks and State parks  

           Division 1A--Wilderness parks

   17A.    Wilderness parks—Schedule Two A  
   17B.    Management plans  
   17C.    Prohibition on development and other activities  

           Division 1B--Marine national parks and marine sanctuaries

   17D.    Marine national parks and marine sanctuaries  

           Division 1C--Landscape conservation areas

   17E.    Landscape conservation areas  
   17F.    Management and control of landscape conservation areas by Parks Victoria  

           Division 2--Other parks

   18.     Other parks  

           Division 3--General provisions

   19.     Powers of Minister  
   19AA.   Management of land prior to its reservation  
   19A.    Management agreements with Trust for Nature  
   19B.    Parks Victoria to manage reserved land  
   19C.    Minister may make management agreements with public authorities  
   19D.    Minister may make agreements with other States  
   19E.    Leasing and managing of land adjacent to parks  
   19F.    Order that land to be treated as a park for certain purposes  
   19G.    Power of Minister to grant leases not exceeding 21 years  
   19K.    Power of Minister to grant licences associated with leases  
   20.     Powers of Parks Victoria and Great Ocean Road Coast and Parks Authority  
   20A.    Obligations of Secretary and Parks Victoria in relation to Yarra River land  
   20B.    Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas  
   20C.    Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region  
   21.     Parks Victoria and Great Ocean Road Coast and Parks Authority may grant certain permits etc.  
   21A.    Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries  
   21B.    Remote and natural areas  
   21C.    Protection of remote and natural areas  
   21D.    Management of remote and natural areas  
   22.     Zones in parks  
   22A.    Wilderness zones—General  
   22B.    Navigation lights—Sandpatch and Wilsons Promontory wilderness zones  
   22D.    Deer hunting in some wilderness zones  
   23.     Permanent works that may be carried out in parks  
   24.     Maintenance works to be carried out in parks  
   25.     Certain works may be carried out on foreshore etc. adjacent to parks  
   25A.    Continuation of existing uses  
   25B.    Harvesting of a pine plantation in Lake Eildon National Park  
   26A.    Tenancies or licences for certain purposes  
   27.     Rights of public authorities in respect of parks  
   27A.    Agreement with electricity company  
   27B.    Native title not to be affected by amendments  
   27BA.   Parks Victoria must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park  
   27BB.   Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area  
   27BC.   Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to an approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park  

           Division 3A--Tour operator licences

   27C.    Offence to conduct organised tour or recreational activity in a park if unlicensed  
   27D.    Grant of tour operator licence  
   27E.    Application for tour operator licence  
   27F.    Requirement to pay annual fees after grant of tour operator licence  
   27G.    Tour operator licence conditions  
   27H.    Contravention of condition an offence  
   27I.    Variation of tour operator licence  
   27J.    Suspension of tour operator licence  
   27K.    Making submissions on suspension  
   27L.    Cancellation of tour operator licence  

           Division 4--Special provisions relating to particular parks

   28.     Introduction or use of cattle in specific parks  
   29.     Wilsons Promontory National Park  
   29A.    Lighthouse leases—Wilsons Promontory National Park  
   29B.    Lighthouse leases—Great Otway National Park  
   30.     Point Nepean National Park  
   30AAA.  Leases in Point Nepean National Park  
   30AAAC. Power of Minister to grant leases more than 21 years but not exceeding 50 years—Point Nepean National Park  
   30AAB.  Licences associated with lease—Point Nepean National Park  
   30AAC.  General licences—Point Nepean National Park  
   30A.    Operations in the Alpine National Park  
   30AA.   Lease or licence to a generation company—Alpine National Park  
   30AB.   Agreement with a generation company—Alpine National Park  
   30B.    Protection of access rights of freeholders in Alpine National Park  
   30BA.   Rights to move cattle through the Alpine National Park  
   30C.    Protection of life occupancies in Alpine National Park  
   30D.    Protection of access rights to Murray–Sunset National Park  
   30E.    Change of name of Murray–Sunset National Park  
   30F.    Access rights—French Island National Park  
   30G.    Water distribution works authority in relation to certain parks  
   30H.    Dam licences—Greater Bendigo National Park, Castlemaine Diggings National Heritage Park  
   30I.    Protection of access rights of freeholders in relation to certain parks  
   30J.    Protection of access rights of freeholders in Mitchell River National Park  
   30K.    Right to move cattle or sheep through Heathcote-Graytown National Park and Broken-Boosey State Park  
   30L.    Right to move cattle through Barmah National Park  
   30M.    Works under water licences for certain parks  
   31.     Croajingolong National Park  
   31AA.   Leases in Mount Buffalo National Park  
   31AABB. Power of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park  
   31AAB.  Licences associated with lease—Mount Buffalo National Park  
   31AB.   Lease of O'Shannassy Lodge—Yarra Ranges National Park[4]  
   32AA.   Glenample Homestead  
   32AB.   Tenancy of Rover Scout Chalet  
   32AC.   Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park  
   32AF.   Protection of access rights of freeholders in Wyperfeld National Park  
   32AH.   Protection of access rights of freeholders in Yarra Ranges National Park  
   32B.    Tenancies for surf lifesaving club purposes  
   32CA.   Arthurs Seat chairlift lease  
   32CC.   Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease  
   32D.    Authorities to search for minerals in certain parks  
   32FAA.  Protection of access rights of freeholders in Cathedral Range State Park  
   32H.    Protection of designated water supply catchment areas and their water resources  
   32I.    Management agreements with managing water authorities  
   32J.    Access to property in designated water supply catchment areas  
   32K.    Control and management of structures and installations in designated water supply catchment areas  
   32L.    Extraction of forest produce from Kinglake National Park and Yarra Ranges National Park  
   32M.    Determination of disputes  
   32N.    Restricted areas in designated water supply catchment areas  
   32NA.   Management agreement with Barwon Water—Brisbane Ranges National Park  
   32O.    Access rights—French Island Marine National Park  
   32R.    Drainage licences—Cobboboonee National Park  
   32S.    Rehabilitation works—Great Otway National Park  
   32T.    Access rights—Yallock–Bulluk Marine and Coastal Park  

   PART IV--GENERAL

   33.     Rents etc. to be paid into the Consolidated Fund  
   35.     Annual report  
   36.     Seizure and forfeiture of guns and other weapons  
   37.     Parks Victoria or the Great Ocean Road Coast and Parks Authority may consent to certain guns or other weapons being carried or used  
   37AA.   Parks Victoria or Great Ocean Road Coast and Parks Authority may consent to weapons other than guns being carried through parks  
   37A.    Parks Victoria may cause to be erected signs to indicate parks  
   38.     Authorised officer may demand name etc.  
   38AA.   Production of identification  
   38A.    Powers of authorised officers within catchment areas  
   39.     Application of section 188A of the Land Act 1958  
   40.     Consent to mining leases and licences  
   40A.    Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions  
   40B.    Pipelines and seafloor cables in marine national parks and marine sanctuaries  
   41.     Impounding of livestock  
   41A.    Land included in a park no longer reserved or affected by proclamation or Order  

   PART V--OFFENCES AND PROCEEDINGS

           Division 1--General offences

   42.     Use of certain names prohibited  
   43.     Trades and businesses not to be carried on in parks unless authorised  
   44.     Guns etc. not to be carried in parks  
   44A.    Offence to cut or take away fallen or felled trees  
   44B.    Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas  
   45.     Persons not to obstruct etc. or to fail to comply with requests of authorised officers  

           Division 2--Offences in marine national parks and marine sanctuaries and related matters

   45A.    Fishing offences in marine national parks and marine sanctuaries  
   45B.    Approval to remain in Point Hicks Marine National Park  
   45C.    Proceedings and enforcement under this Division  
           --Divisions 1 and 3 of Part 7 and section 130 of the Fisheries Act 1995 apply to an offence under this Division as if the offence were an offence under the Fisheries Act 1995.
   45D.    Liability for offences  
   45E.    Time for bringing proceedings  

           Division 3--Provisions relating to proceedings and other matters

   47.     Evidence  
   47A.    Compensation for damage to parks  
   47B.    General penalty provision  
   47D.    Management plan to be tabled  

   PART VI--REGULATIONS AND OTHER MATTERS

   48.     Regulations  
   48AA.    Tour operator licence regulations  
   48A.     Native title not affected by amendments  
   48B.    Describing lands in notice  
   48C.    Transitional provisions  
   48D.    Schedule One A has effect  

   PART VII--TRANSITIONAL PROVISIONS

   49AA.   Definition  
   49.     Duties etc. of Director to become duties of Secretary  
   50N.    Native Title not affected by amendments  
   50P.    Licences not renewable  

   PART IX--FURTHER TRANSITIONAL PROVISIONS

   56.     National Parks (Amendment) Act 2000—Continuation of leases  
   61.     Definition—2005 Act  
   61A.    Continuation of lease—2005 Act  
   62A.    Saving of agreement  
   79.     Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2020  

   PART X--TRANSITIONAL PROVISIONS--PARKS VICTORIA ACT 2018

   80.     Definitions  
   81.     Transfer of property from the Secretary to Parks Victoria  
   82.     Saving of licences, permits, consents or authorities  
   83.     Applications for tour operator licences and variations of tour operator licences  
   84.     Agreements with Trust for Nature under section 19A  
   85.     Agreements with public authorities under section 19C  
   86.     Agreements with other governments under section 19D  
   87.     References relating to Orders under section 19F  
   88.     Management agreements with managing water authorities  
   89.     Glenample Homestead  
           SCHEDULE 15
           SCHEDULE 20
           ENDNOTES