Victorian Numbered Acts

NATIONAL PARKS AND CROWN LAND (RESERVES) ACTS AMENDMENT ACT 2008 (NO. 54 OF 2008) - SECT 8

For sections 70 and 71 of the National Parks Act 1975 substitute —

        "     70     Definition—2008 Act

In this Part, 2008 Act means the National Parks and Crown Land (Reserves) Acts Amendment Act 2008 .

        71     Licences and permits to cut and take away forest produce for firewood under the Forests Act 1958—2008 Act

    (1)     Despite the commencement of section 10(5) of the 2008 Act, a licence or permit granted under section 52 of the Forests Act 1958 to cut and take away, for firewood, forest produce, being a licence or permit that was in existence immediately before that commencement, continues in force as a licence or permit granted under section 52 of the Forests Act 1958 —

        (a)     until the earlier of—

              (i)     the expiry of the licence or permit; or

              (ii)     30 June 2010; and

        (b)     only in respect of any forest produce felled in the designated areas in accordance with a licence or permit granted under section 52 of the Forests Act 1958 before 31 December 2003.

    (2)         Despite the commencement of section 10(5) of the 2008 Act, section 52 of the Forests Act 1958 continues to apply to the designated areas in order that a licence or permit may be granted under section 52 of the Forests Act 1958 to cut and take away, for firewood, forest produce that has been felled in the designated areas in accordance with a licence or permit granted before 31 December 2003.

    (3)     Any licence or permit granted by reason of the operation of subsection (2) may be dealt with under section 52 of the Forests Act 1958 and continues in force until—

        (a)     the expiry of the licence or permit; or

        (b)     30 June 2010—

whichever is earlier.

    (4)     In this section, "designated areas" means the areas delineated and coloured blue and numbered 068/510/0100, 068/504/0001 and 074/601/00F2 on the plan lodged in the Central Plan Office and numbered LEGL./08-024.

        72     Tour operator licences and permits granted under the Forests Act 1958—2008 Act

        Despite the commencement of section 10(5) of the 2008 Act, a licence or permit granted under section 52 of the Forests Act 1958 to conduct organised tourism or recreation business activities and in force immediately before that commencement in respect of any of the land described in Part 45 of Schedule Two continues in force in respect of that land as a licence or permit granted under section 52 of the Forests Act 1958 until it expires.

        73     Apiary occupation rights under the Land Act 1958—2008 Act

        Despite the commencement of section 10(5) of the 2008 Act, an apiary occupation right granted under section 149 of the Land Act 1958 and in force immediately before that commencement in respect of any of the land described in Part 45 of Schedule Two continues in force as a right granted under section 149 of the Land Act 1958 subject to such terms and conditions as are prescribed under that section until the right expires.

        74     Rights to cease—reserved forest—2008 Act

    (1)     On the commencement of section 10(3) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plans lodged in the Central Plan Office and numbered N.P. 111B/2 and N.P. 111H/2 cease to be reserved forest.

    (2)         On the commencement of section 10(2) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 10/4 cease to be reserved forest.

    (3)     On the commencement of section 10(5) of the 2008 Act, the lands delineated and coloured green or coloured brown on the plan lodged in the Central Plan Office and numbered N.P. 112 cease to be reserved forest.

        75     Rights to cease—roads—2008 Act

    (1)     On the commencement of section 10(5) of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 112 cease to be roads or parts of roads or road reserves 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.

    (2)         On the commencement of a subsection of section 10 of the 2008 Act that is set out in Column 1 of the Table to this subsection, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office, the number of which is referred to in Column 2 of the Table opposite the subsection of section 10 in Column 1, cease to be roads or parts of roads or road reserves 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.

TABLE

Column 1	Column 2
Section 10(1) Section 10(2)	N.P. 8/8 N.P. 10/4
Section 10(3)	N.P. 111B/2, N.P. 111C/2, N.P. 111H/2

    (3)                 On the commencement of section 11(3) of the 2008 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 21/7 cease to be roads or parts of roads or road reserves 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.".