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NATIONAL PARKS ACT 1975 - SECT 32I

Management agreements with managing water authorities

S. 32I(1) amended by No. 19/2018 s. 200(1).

    (1)     Parks Victoria may enter into an agreement with—

        (a)     Melbourne Water Corporation for the management by Melbourne Water Corporation of a Melbourne water supply catchment area; or

        (b)     Barwon Water for the management by Barwon Water of the Barwon water supply catchment area; or

S. 32I(1)(c) substituted by No. 90/2009 s. 5.

        (c)     Wannon Water for the management by Wannon Water of the Wannon water supply catchment area.

    (2)     An agreement under subsection (1)—

        (a)     must be in writing; and

S. 32I(2)(b) amended by No. 19/2018 s. 200(2).

        (b)     must be consistent with the objects of this Act and with the duties imposed on Parks Victoria by sections 17(2)(ba), 17(3) and 32H; and

        (c)     may be amended from time to time or terminated by a further written agreement between the parties.

    (3)     An agreement under subsection (1)—

S. 32I(3)(a) amended by No. 19/2018 s. 200(3).

        (a)     must specify those duties, functions and powers imposed on Parks Victoria by or under this Act which may be carried out by the managing water authority that has entered into the agreement in relation to the designated water supply catchment area to which the agreement relates; and

        (b)     must specify those functions and powers of the managing water authority which may be performed by the managing water authority in relation to the designated water supply catchment area; and

        (c)     may provide for the management and control by the managing water authority of any property within the designated water supply catchment area; and

        (d)     must contain provisions with respect to—

              (i)     the protection of conservation values within the designated water supply catchment area; and

              (ii)     fire protection and fire management within the area; and

              (iii)     prohibiting and regulating the activities of people within the area and access to the area by people; and

              (iv)     once-only harvesting of forest produce from those areas shown cross-hatched on the plans referred to in Parts 10 and 39 of Schedule Two, and the rehabilitation of those areas; and

S. 32I(3)(d)(v) amended by No. 19/2018 s. 200(4).

              (v)     procedures to be followed to prevent or settle disputes concerning the management of the area that arise between the parties during the currency of the agreement including the submission of any unresolved dispute to the Minister, the Minister responsible for the managing water authority and (in the case of Melbourne Water Corporation) the Treasurer, for a decision that is to be binding on the parties.

    (4)     It is deemed to be a term of any agreement under subsection (1) that, despite any other provision of this Act, it is the function of the managing water authority to determine the policy necessary in a designated water supply catchment area

        (a)     to protect the area for the purposes of water supply; and

        (b)     to maintain the water quality of and otherwise protect the water resources in the area; and

        (c)     to restrict human activity for the purposes of giving effect to paragraphs (a) and (b).

S. 32J inserted by No. 57/1995 s. 9, substituted by No. 60/2005 s. 8.



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