Victorian Current Acts

NATIONAL PARKS ACT 1975 - SECT 32T

    (1)     For the purpose of carrying out duties or obligations or exercising rights under any Desalination Project arrangement, AquaSure, any contractor of Aquasure or any person determined by the Minister may—

        (a)     enter Yallock–Bulluk Marine and Coastal Park; and

        (b)     install, maintain, operate, alter or remove any works in Yallock–Bulluk Marine and Coastal Park that are necessary or desirable to carry out those duties or obligations or exercise those rights; and

        (c)     carry out any other actions in Yallock–Bulluk Marine and Coastal Park that are necessary or desirable to carry out those duties or obligations or exercise those rights.

    (2)     A determination of the Minister under subsection (1) must—

        (a)     be in writing; and

        (b)     published in the Government Gazette.

    (3)     A person carrying out duties or obligations or exercising rights under any Desalination Project arrangement is not subject to any regulations made under this Act to the extent that the duties or obligations or rights authorised by the Desalination Project arrangement are inconsistent with the regulations.

    (4)     In this section—

"AquaSure" means AquaSure Pty Ltd (ACN 135 956 393);

"Deed" means the Victorian Desalination Project Project Deed, dated 30 July 2009, between the State of Victoria and AquaSure (as amended from time to time);

"Desalination Project" means the Desalination Project—

        (a)     as defined—

              (i)     in the Nomination Order made under the Project Development and Construction Management Act 1994 and published in the Government Gazette on 18 December 2007; or

              (ii)     in the Order referred to in subparagraph (i) as amended; or

        (b)     as further defined in any subsequent Nomination Order made under the Project Development and Construction Management Act 1994 ;

"Desalination Project" arrangement means any of the following—

        (a)     a relevant EPA licence;

        (b)     the Deed;

        (c)     any document conferring duties or obligations or rights made under the Deed;

        (d)     any document conferring duties or obligations or rights made under another Act with respect to the Desalination Project;

old section 20 of the EPA means section 20 of the Environment Protection Act 1970 as in force on or after 10 December 2017 until its repeal;

"relevant EPA licence" means—

        (a)     the licence issued to AquaSure on 10 December 2017 under old section 20 of the EPA; and

        (b)     any other licence or authority issued to AquaSure or any person determined by the Minister under subsection (1), for the purposes of the Desalination Project, issued under—

              (i)     old section 20 of the EPA; or

              (ii)     any subsequent corresponding provision to old section 20 of the EPA;

"Yallock-Bulluk Marine and Coastal Park" means the land described in Part 2 of Schedule Three.

Part IV—General