Victorian Numbered Acts

PARKS VICTORIA ACT 2018 (NO. 19 OF 2018) - SECT 219

After Part IX of the National Parks Act 1975 insert —

" Part X—Transitional provisions—Parks Victoria Act 2018

        80     Definitions

In this Part—

"Parks Victoria commencement" means the day on which the Parks Victoria Act 2018 comes into operation;

"Parks Victoria matter" means any function, power or duty as to the management of land under this Act that is conferred on Parks Victoria by the amendment of this Act by the Parks Victoria Act 2018 or by the enactment of that Act.

        81     Transfer of property from the Secretary to Parks Victoria

    (1)     On the Parks Victoria commencement—

        (a)     all rights, property and assets in relation to any Parks Victoria matter that, immediately before the Parks Victoria commencement, were vested in the Secretary, vest in Parks Victoria; and

        (b)     all debts, liabilities and obligations of the Secretary in relation to any Parks Victoria matter that were existing immediately before the Parks Victoria commencement, become debts, liabilities and obligations of Parks Victoria; and

        (c)     Parks Victoria is substituted as a party to any proceedings in relation to any Parks Victoria matter pending in any court or tribunal to which the Secretary was a party immediately before the Parks Victoria commencement; and

        (d)     Parks Victoria is substituted as a party to any contract or arrangement that relates to any Parks Victoria matter entered into by or on behalf of the Secretary and in force immediately before the Parks Victoria commencement.

    (2)     Any reference to the Secretary in any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter is taken to be a reference to Parks Victoria—

        (a)     so far as it relates to any period
on or after the Parks Victoria commencement; and

        (b)     if not inconsistent with the context or subject matter.

    (3)     Any decision made or action taken by the Secretary under any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter, and that is in effect immediately before the Parks Victoria commencement, is taken to be a decision made or action taken by Parks Victoria—

        (a)     so far as it relates to any period
on or after the Parks Victoria commencement; and

        (b)     if not inconsistent with the context or subject matter.

        82     Saving of licences, permits, consents or authorities

If, in relation to any land under this Act, a licence, permit, consent or authority granted or issued under this Act was in force immediately before the Parks Victoria commencement, on the Parks Victoria commencement the licence, permit or authority is taken to continue in force—

        (a)     subject to its terms and conditions and this Act; and

        (b)     as if—

              (i)     the licence, permit, consent or authority were granted or issued by Parks Victoria; and

              (ii)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the licence, permit, consent or authority were a reference to Parks Victoria.

        83     Applications for tour operator licences and variations of tour operator licences

    (1)     If, in relation to any land under this Act, an application that has been made for a tour operator licence is outstanding immediately before the Parks Victoria commencement, on the Parks Victoria commencement, the application is taken to continue in force and may be dealt with under this Act as if it had been made to Parks Victoria.

    (2)     If, in relation to any land under this Act, an application that has been made for variation of a tour operator licence is outstanding immediately before the Parks Victoria commencement, on the Parks Victoria commencement, the application is taken to continue in force and may be dealt with as if it had been made to Parks Victoria.

        84     Agreements with Trust for Nature under section 19A

On the Parks Victoria commencement, in relation to any management agreement between the Minister and the Trust for Nature under section 19A(1) that is in force immediately before the Parks Victoria commencement—

        (a)     the agreement is taken to be an agreement for Parks Victoria to manage the land rather than the Secretary; and

        (b)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement is taken to be a reference to Parks Victoria.

        85     Agreements with public authorities under section 19C

On the Parks Victoria commencement, in relation to any management agreement between the Minister and a public authority under section 19C(1) that is in force immediately before the Parks Victoria commencement—

        (a)     the agreement is taken to be an agreement for Parks Victoria to manage the land rather than the Secretary; and

        (b)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement is taken to be a reference to Parks Victoria.

        86     Agreements with other governments under section 19D

On the Parks Victoria commencement, in relation to any management agreement between the Minister and another Minister of the Commonwealth or another State or an authority under section 19D that is in force immediately before the Parks Victoria commencement, if the agreement is for the Secretary to manage the land—

        (a)     the agreement is taken to be an agreement for Parks Victoria to manage the land rather than the Secretary; and

        (b)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement is taken to be a reference to Parks Victoria.

        87     References relating to Orders under section 19F

        On the Parks Victoria commencement, any reference to the Secretary, in relation to land subject to an Order under section 19F, in any Act or in any proclamation, Order in Council, rule, regulation, order, agreement, instrument, deed or other document, in force immediately before that commencement, is taken to be a reference to Parks Victoria—

        (a)     so far as it relates to any period
on or after the Parks Victoria commencement; and

        (b)     if not inconsistent with the context or subject matter.

        88     Management agreements with managing water authorities

    (1)     On the Parks Victoria commencement, any management agreement between the Secretary and Melbourne Water Corporation under section 32I(1)(a) that is in force immediately before the Parks Victoria commencement is taken to continue in force—

        (a)     subject to its terms and conditions and this Act; and

        (b)     as if—

              (i)     the agreement were entered into by Parks Victoria rather than the Secretary; and

              (ii)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement, other than in relation to matters in the agreement which are the subject of section 32I(3)(d)(ii), were a reference to Parks Victoria.

    (2)     On the Parks Victoria commencement, any management agreement between the Secretary and Barwon Water under section 32I(1)(b) that is in force immediately before the Parks Victoria commencement is taken to continue in force—

        (a)     subject to its terms and conditions and this Act; and

        (b)     as if—

              (i)     the agreement were entered into by Parks Victoria rather than the Secretary; and

              (ii)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement, other than in relation to matters in the agreement which are the subject of section 32I(3)(d)(ii), were a reference to Parks Victoria.

    (3)     On the Parks Victoria commencement, any management agreement between the Secretary and Wannon Water under section 32I(1)(c) that is in force immediately before the Parks Victoria commencement is taken to continue in force—

        (a)     subject to its terms and conditions and this Act; and

        (b)     as if—

              (i)     the agreement were entered into by Parks Victoria rather than the Secretary; and

              (ii)     (if not inconsistent with the context or subject matter) any reference to the Secretary in the agreement, other than in relation to matters in the agreement which are the subject of section 32I(3)(d)(ii), were a reference to Parks Victoria.

        89     Glenample Homestead

On the Parks Victoria commencement, any authorisation made under section 32AA(1) for the management of the land referred to in that section by the Secretary, that is in force immediately before the Parks Victoria commencement, is taken to be an authorisation for the management of the land by Parks Victoria.".