1,016 1978

VICTORIA

ANNO VICESIMO SEPTIMO ELIZABETHS SECUNIMB REGIN^

IIIIIIIII IrfuH'IIM'ThUES; .: -»^'TrTFYtfd-f1ltfW^ No. 9247 An Act to create new National Parks, to amend the National Parks Act 1975 and the Forests Act 1958, and for other purposes. [\9th December, 1978.]

DE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of in this present Parliament assembled and by the authority of the same as follows (that is to say) :— short utie. i. (l) This Act may be cited as the National Parks Act 1978. Principal Act (2) In this Act the National Parks Act 1975 is called the Principal No. 8702. Amended by Act. No. 9114. commence- (3) Except where otherwise expressly provided this Act shall mnt' come into operation on the 26th day of April, 1979.

Amendment of 2. The Table of Parts and Divisions in section 1 (3) of the Principal Act shall be amended as follows :— (a) For the expression " ss. 17-32c." there shall be substituted the expression " ss. 17-32D."; (b) For the expression " ss. 28-32A. " there shall be substituted the expression "ss. 28-32AA. "; and (c) For the expression " ss. 32B-32C. " there shall be substituted the expression " ss. 32B-32D. ". 3. (1) Schedule 1978. National Parks. No. 9247 1,017

3. (1) Schedule Two to the Principal Act shall be amended aS Amendment of specified in the First Schedule. Fim8scheduie. (2) Schedule Three to the Principal Act shall be amended as second specified in the Second Schedule. schedule. (3) Notwithstanding section 1 (3), items (c), (d) and (/) in the First Schedule and item (a), part 7 of item (b) and parts 10,14,17, 19, 21, 24 and 25 of item (c) in the Second Schedule shall come into operation on the 26th day of April, 1980. (4) Nothing in the Principal Act or any other Act shall operate to restrict or affect the carrying on of the activities which are authorized to be carried on in the parks set out in parts 14, 17 and 24 of Schedule Three to the Principal Act to the extent that they are carried on subject to and in accordance with the terms and conditions under which they are authorized to be carried on. (5) Any land described in part 15 of Schedule Two to the Principal Act as in force immediately before the commencement of sub-section (1) and not described in part 28 of Schedule Two to the Principal Act as amended by sub-section (1) shall be deemed to be unalienated Crown land.

4. In section 3 (1) of the Principal Act before the Amendmenl of interpretation of "National Park" there shall be inserted the NO. 8702«.3. following interpretation :— Interpretation.

'" Gun " is a reference to a firearm, weapon or device of •Gun." any description from which any shot, bullet or other missile can be discharged or propelled and includes any air-gun and also includes any firearm, weapon or device from which for the time being any shot, bullet or other missile cannot be discharged or propelled because of the absence or defect of some part or parts thereof or because of some obstruction therein, but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would be capable of discharging a shot, bullet or other missile.'.

5. For section 36 of the Principal Act there shall be substituted Amendment or the following section :— No-8702- " 36. (1) An authorized officer or a member of the police immuuted. force may in a park seize a gun or other weapon unless the gun ^"4"^ or other weapon is in the possession of a person authorized under %£„££ other this or another Act to use carry or have in his possession in the park the gun or other weapon. (2) Where a gun or other weapon is seized pursuant to sub-section (1) and an action is brought against the person in possession of that gun or other weapon and that person is convicted of 1,018 1978. National Parks. No. 9247

of an offence of using that gun or other weapon in a park in contravention of this Act that gun or other weapon is forfeited to the Crown and shall be disposed of as the Minister directs. (3) In any other case where a gun or other weapon is seized pursuant to sub-section (1) and a court convicts a person of any offence in respect of which the seizure was made the court may authorize the return of the gun to the person convicted or to the owner (as the case requires) but where the person convicted is proved to have been previously convicted of an offence relating to the use carrying or possession of a gun or other weapon in a park or relating to the use of a gun in contravention of the Wildlife Act 1975 or of an offence under the Firearms Act 1958 the court shall order the forefeiture of the gun to the Crown and it shall be disposed of as the Minister directs. (4) Where— (a) a gun or other weapon is seized under this section ; and (b) no action is taken under this Act against the person from whom the gun or other weapon was seized within six months of the date upon which it was seized ; and (c) at the expiry of the six-month period referred to in paragraph (b), the person from whom the gun or other weapon was seized is duly notified in writing sent by post to his last known address that no action has been taken under this Act and that he may claim the gun or other weapon ; and {d) the gun or other weapon is not claimed within twelve months of the date on which the notice was posted— the gun or other weapon shall be disposed of as the Minister directs. (5) Where any gun or other weapon is disposed of by sale pursuant to this section the proceeds of sale shall be paid into the Fund."

Amendment of 6. Section 37 of the Principal Act is hereby amended as No-8702s37' follows :- (a) After " 37." there shall be inserted " (1) " ; (b) At the end of the section there shall be inserted the following sub-sections :— " (2) Notwithstanding anything contained in sub-section (1) the Director may— (a) grant a permit to any person or persons named therein ; or

7. For section 44 of the Principal Act there shall be substituted Amendment of the following section :— "V™ " 44. (1) Subject to sections 36 and 37 a person shall not in $££%£ a park carry or have in his possession a gun or other weapon. J^jj^ Penalty : $250. ^*l (2) Subject to sections 36 and 37 a person shall not in a park use a gun or other weapon. Penalty : $500." 8. After section 47 of the Principal Act there shall be inserted Amendment of the following section :— N^W"^. " 47A. Where any person is convicted of an offence against fod£ESeito, this Act or the regulations under this Act, he may in addition to »•*• any penalty or imprisonment imposed be ordered by the court to pay compensation for damage to any rock or other natural feature of the park or to any building structure facility or thing. in the park caused by the commission of the offence.".

M m nt of 9. After section 25A of the Principal Act there shall be inserted ^0 ^ f the following section :— N°w t. ISB. ' 25B. (1) Where a park is subject to a notice pursuant to section foS^SSdSc* 10 (3) of the Land Conservation Act 1970 requiring that effect be *»>«»*»• given to a recommendation that forest produce be taken from a park, the Director, with the approval of the Minister and subject to the conditions contained in the Schedules to this Act, may enter into an agreement with the Forests Commission for it to take and sell or otherwise dispose of such forest produce. (2) Every agreement made between the Director and the Forests Commission pursuant to sub-section (1)— (a) shall describe the forest land to which the agreement relates ; (b) shall ,020 1978. National Parks. No. 9247

(b) shall state the nature and quantities of forest produce to be taken sold or otherwise disposed of; (c) shall specify the period for which the agreement will operate ; (d) shall specify the proposed plan of production ; (e) shall state the royalties or fees to be charged by the Forests Commission ; (/) shall specify a comprehensive plan of regeneration and rehabilitation of the forest land ; (g) shall contain a covenant by the Forests Commission that it will at its own expense carry out the plan of regeneration and rehabilitation either progressively or at the completion of the operation ; (h) shall be in such form and shall contain such other covenants terms and conditions as are agreed upon between the Director and the Forests Commission. (3) For the purposes of this section— (a) any land which is the subject of an agreement pursuant to sub-section (1) of this section shall be deemed to be " protected forest" within the meaning of the Forests Act 1958 ; (b) " forest produce" has the same meaning as " forest produce " from a protected forest as defined by the Forests Act 1958. (4) Subject to this section the Forests Commission may with respect to land which is the subject of an agreement under sub-section (1)— (a) grant a licence or permit to any person to take sell or otherwise dispose of forest produce subject to such covenants terms and conditions as are prescribed and the payment of such rent fees royalties or charges as the Commission determines ; (b) do or agree to do cause or permit to be done or make any provision for the doing of anything consistent with the agreement and the powers of the Commission in respect of protected forest; (c) in respect of the removal of forest produce enforce the provisions of the Forests Act 1958 as though the land were protected forest. (5) The Commission shall include in any licence or permit granted pursuant to sub-section (4) such of the covenants terms and conditions contained in the agreement entered into under sub-section (1) as are applicable to that licence or permit.

(6) Any 1978. National Parks. No. 9247 1,021 (6) Any question difference or dispute between the Director of National Parks and the Forests Commission concerning the contents of any agreement or its operation or the exercise of any rights powers or authorities or the discharge of any duties under this section shall be determined by the Governor in Council. (7) This section shall cease to have effect in relation to the removal of forest produce from a park— (a) where the Land Conservation Council has recommended a period for the removal of forest produce from the park and notice of that recommendation has been given pursuant to section 10 (3) of the Land Conservation Act 1970, upon the expiration of that period ; or (b) where no such period has been recommended by the Land Conservation Council, upon the expiration of any date fixed by the Minister, with the agreement of the Minister of Forests by notice in the Government Gazette after which date the removal of forest produce from the park is prohibited.' 10. (1) Upon the registration in the Office of Titles of a transfer Exchange of and surrender to Her Majesty by A.P.M. Forests Proprietary !£^ Sched] Limited of the land described in part A of the Third Schedule to Pan A this Act freed and discharged from all encumbrances— (a) the land described in the said part A of the Third Schedule shall be and be deemed to be unalienated land of the Crown freed and discharged from all trusts limitations and restrictions whatsoever and from every estate or interest therein ; (b) the Minister shall by notice in the Government Gazette declare that as and from the date of the notice— (i) the land described in part (i) of part A of the Third Schedule is included in the park described in part .6 of Schedule Three to the Principal Act and thereupon the land shall be deemed to be land described in part 6 of Schedule Three ; (ii) the land described in part (ii) of part A of the Third Schedule, excepting the land described in part c of the Third Schedule, is included in the park described in part 16 of Schedule Two to the Principal Act and thereupon the land shall be deemed to be land described in part 16 of Schedule Two ; (iii) the land shown hatched on the plan in part c of the Third Schedule shall be deemed to be 1,022 1978. National Parks. No. 9247

be reserved forest within the meaning of the Forests Act 1958; Third schedule (c) the land described in part B of the Third Schedule shall cease to be reserved forest and shall be and be deemed to be unalienated land of the Crown and notwithstanding anything in the Land Act 1958 or in any other Act may be granted by the Governor in Council in fee simple subject to such covenants conditions exceptions and reservations as the Governor in Council thinks fit to A.P.M. Forests Proprietary Limited. (2) The notice provided for in sub-section (1) shall have effect accordingly. Third schedule (3) For a better definition of the boundaries of the land shown Parta hatched on the plan in part c of the Third Schedule the Surveyor-General shall prepare a plan of survey thereof and in such plan of survey may make such minor variations and adjustments in the said boundaries as are necessary or expedient for the simple - and accurate description of the land. . (4) The said plan of survey shall be lodged in the Central Plan Office of the Department of Crown Lands and Survey and thereupon the area defined thereby shall be substituted for the area described in part c of the Third Schedule.

Amendment of 11. After section 32A of the Principal Act there shall be nserte NOT'^MAA. i d the following section :— SSSeSSS. " 32AA. (1) Where any part or parts of Crown allotments 5 and 6 Parish of Latrobe has or have been leased by the Crown the Minister of Public Works may authorize the Director to manage the land. (2) Where the Director undertakes the management of the land— (a) the land shall be used and managed subject to the terms of the lease referred to in sub-section (1) as though the land was land described in Schedule Three ; (b) the Governor in Council may make regulations in respect of the land subject to the lease referred to in sub-section (1) as though the land was land described in Schedule Three. (3) Nothing in this section shall be construed as authorizing the Minister of Public Works the Director the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would 1978. National Parks No. 9247 1,023 would not be consistent with any trust condition or other restriction relating to the lease or the use of the land referred to in sub-section

12. After section 32c of the Principal Act there shall be inserted Amendment of the following section :— NW'J'MD. " 32D. (1) Notwithstanding anything contained in this or any ?u,tho,r?zemay other Act, the Minister may by notice in the Government Gazette ^^^w designate the area or areas in the parks described in parts 2, 10 Part and 23 of Schedule Three in which fossicking will be permitted. ^worth Steiglitx Park. (2) Upon the designation of an area pursuant to sub-section (1) the Director may by writing under his hand authorize any person to fossick in that area. (3) Any authorization given under sub-section (2) may be subject to such restrictions and conditions as the Director may determine.".

13. Notwithstanding the declaration of any land described continuation of in Schedules Two or Three to the Principal Act as amended by proceedings. this Act as a park, any legal proceedings instituted under the Land Act 1958 before the commencement of this Act with respect to or in any way affecting the land may be continued and shall be determined as if this Act had not been passed.

14. After section 19A of the Principal Act there shall be inserted Amendment of the following section :— ££,?»•.

" 19B. (1) Where any land temporarily or permanently reserved manage reserved under section 4 of the Crown Land {Reserves) Act 1978 is placed land. under the control and management of the Director pursuant to section 18 (1) of that Act the Director shall control manage and use the land for the purposes for which it is reserved. (2) For the purposes of this section the Director shall be deemed to have the same powers functions and duties as a committee of management under section 15 (1) of the Crown Land (Reserves) Act 1978. (3) Notwithstanding the provisions of sub-sections (1) and (2) of this section, where the land is subject to a notice pursuant to section 10 (3) of the Land Conservation Act 1970 requiring that effect be given to a recommendation of the Land Conservation Council the Director may give effect to that recommendation even if the recommendation conflicts with the purpose for which the land is reserved. (4) The, Governor in Council may on the recommendation of the Director make regulations for and with respect to any of the

matters 1,024 1978. National Parks. No. 9247

matters referred to in sub-paragraphs (ii) to (xi) of section 13 (1) of the Crown Land (Reserves) Act 1978 in relation to the land as if— (a) any reference in that section to a committee of management were a reference to the Director ; and (b) any reference in that section to the land were a reference to land under this section." Amendment of 15. For section 21A nf the Principal Act there shall be NW8.21A. substituted the following section :— ££* "21A. Where- Commission (a) the National Parks Advisory Council is appointed a in certain cases. committee of management for any land ; (b) the Minister enters into an agreement with the Victoria Conservation Trust pursuant to the provisions of section 19A for the management of land by thu Director ; (c) the Director is authorized to manage land pursuant to the provisions of section 32AA ; or id) any land is placed under the control and management of the Director pursuant to section 18 (1) of the Crown Land (Reserves) Act 1978— the Director shall notifiy the Secretary to the Forests Commission of Victoria of such appointment agreement authorization or placement.". A=>«^>t of 16. After section 34 (2B) of the Principal Act there shall be Nw n. etc), inserted the following sub-section :— " (2c) Where land is placed under the control and management of the Director pursuant to section 18 (1) of the Crown Land (Reserves) Act 1978— (a) moneys in the Fund may subject to and in accordance with the approval of the Minister be applied in payment or discharge of costs and expenditure incurred in the administration and management of the land by the Director ; and (b) any tolls fees rents charges and other moneys received in respect of the land shall be paid into the Fund.".

Amendment of 17. After section 62 (1A) (b) of the Forests Act 1958 there shall p»te«ed "l" be inserted the following paragraphs :— public land. «c ^ tne j^j^j js being managed by the Director of National Parks pursuant to section 32AA of the National Parks Act 197S, the land shall be deemed to be protected public land for so long as the Director manages the land ; (rf) the 1978. National Parks. No. 9247 1,025.

(d) the land is under the control and management of the Director of National Parks, pursuant to section 18 (1) of the Crown Land (Reserves) Act 1978, the land shall be deemed to be protected public land for so long as the Director manages the land.". 18. (1) The lands delineated and coloured yellow in the plans Road dosing referred to in parts 2, 11, 25 and 28 of Schedule Two and in parts 6, 9, 13, 16, 18 and 22 of Schedule Three to the Principal Act as amended by this Act shall upon the commencement of this section cease to be roads or parts of roads and all rights easements and privileges existing or claimed either by the public or by any body or person whatsoever or whomsoever and incidental to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of the law shall cease and determine. (2) The lands delineated and coloured yellow in the plans referred to in part 10 of Schedule Two and in parts 1, 7, 17, 24 and 25 of Schedule Three to the Principal Act as amended by this Act shall upon the coming into operation of those parts cease to be roads or parts of roads and all rights easements and privileges existing or claimed either by the public or by any body or person whatsoever or whomsoever and incidental to any past dedication or supposed dedication thereof or by any past user thereof or by any fiction of the law shall cease and determine. 19. (1) The lands delineated, by a green border on the plans referred to in parts 2, 27 and 29 of Schedule Two and in parts 6, 13, 15, 16, 20 and 23 of Schedule Three to the Principal Act as amended by this Act shall, upon the commencement of this section, cease to be reserved forest. (2) The lands delineated by a green border on the plans referred to in parts 9, 10 and 17 of Schedule Two and in parts 10, 14, 17, 19, 21, 24 and 25 of Schedule Three to the Principal Act as amended by this Act shall upon the coming into operation of those Parts cease to be reserved forest.

SCHEDULES. FIRST SCHEDULE. Schedule Two to the Principal Act shall be amended as follows :— s- 3 W. (a) For Part 2 there shall be substituted the following Part :— " PART 2.—BRISBANE RANGES NATIONAL PARK. All those pieces or parcels of land containing 7,470 hectares, more or less, situate in the Parishes of Anakie, Beremboke, Bungeeltap, Durdidwarrah, Gorrockburkghap and Moreep, County of Grant, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 1 /2." 1,026 1978. National Parks. No. 9247

FIRST SCHEDULE.—continued. (b) For Part 7 there shall be substituted the following Part :— " PART 7.—FRASER NATIONAL PARK. All those pieces or parcels of land containing 3,750 hectares, more or less, situate in the Parishes of Eildon and Wappan, County of Anglesey, being the land delineated and bordered red in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 5/1." (c) For Part 9 there shall be substituted the following Part:— " PART 9.—HATTAH—KULKYNE NATIONAL PARK. All those pieces or parcels of land containing 480 square kilometres, more or less, situate in the Parishes of Brockie, Cantala, Colignan, Konardin, Kulkyne, Mournpoul and Yelwell, , being the land delineated and stippled grey in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 6/1." (d) For Part 10 there shall be substituted the following Part :— " PART 10.—KINGLAKB NATIONAL PARK. All those pieces or parcels of land containing 11,270 hectares, more or less, situate in the Parishes of Billian, Burgoyne, Kinglake, Linton, Queenstown and Tarrawarra North, Counties of Anglesey and Evelyn, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded in plans prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 8/2 and N.P. 8A."

(e) For Part 11 there shall be substituted the following Part :— "PART 11.—THE LAKES NATIONAL PARK. All those pieces or parcels of land containing 2,380 hectares, more or less, situate in the Parish of Boole Poole, , being the land delineated and bordered red or coloured yellow excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 27."

(/) For Part 17 there shall be substituted the following Part :— " PART 17.—MOUNT BUFFALO NATIONAL PARK. All those pieces or parcels of land containing 310 square kilometres, more or less, situate in the Parishes of Barwidgee, Buckland, Dandongadale, Eurandelong, , , Towamba and Wandiligong, Country of Delatite, being the land delineated and bordered red or bordered green excepting therefrom roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 28." (g) For Part 25 there shall be substituted the following Part:— "PART 25.—WYPEREELD NATIONAL PARK. All those pieces or parcels of land containing 1,000 square kilometres, more or less, situate in the Counties of Karkarooc and Weeah, being the land delineated and bordered red or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 19/1."

FIRST 1978. National Parks. NO. 9247 1,027

FIRST SCHEDULE.—continued, (h) After Part 26 there shall be inserted the following Parts :— " PART 27.—BAW BAW NATIONAL PARK. All those pieces or parcels of land containing 133 square kilometres, more or less, situate in the Parishes of Baw Baw, Bullung, Fumina North, Telbit, Telbit West, Walhalla and Wurutwun, Counties of Buln Buln and Tanjil, being the land delineated and stippled grey excluding therefrom Walhalla Road, and Thomson Valley Road in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 29. PART 28.—CROAJTNGOLONO NATIONAL PARK. All those pieces or parcels of land containing 860 square kilometres, more or less, situate in the Townships of Gipsy Point, Tamboon and Tamboon South and the Parishes of Baawang, Barga, Bemm, Betka, Bralak, Brindat, Derndang, Gabo, Mallacoota, Maramingo, Tamboon, Thurra, Wau Wauka, Wau Wauka West, Wingan and Wooyoot, , being the land delineated and bordered red or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 30. PART 29.—SNOWY RIVER NATIONAL PARK. All those pieces or parcels of land containing 260 square kilometres, more or less, situate in the Parishes of Bullamalk, Deddick, Moonkan, Pinnak and Yalmy, County of Croajingolong, being the land delineated and bordered red or bordered green excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared' by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 31. PART 30.—TrNGARiNGY NATIONAL PARK. All those pieces or parcels of land containing 180 square kilometres, more or less, situate in the Parishes of Boorpuk, Cabanandra, Jingallala, Tubbut and Wyangil, County of Croajingolong, being the land delineated and bordered red excepting therefrom the roads shown as exluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 32." (0 Parts 4, IS and 24 shall be deleted.

SECOND SCHEDULE. S.3 (2). Schedule Three to the Principal Act shall be amended as follows :— (a) For Part 1 there shali be substituted the following Part :— " PART 1.—CAPE SCHANCK PARK. All those pieces or parcels of land containing 1,075 hectares, more or less, situate in the Township of Flinders and the Parishes of Fingal, Flinders and Nepean, , being the land delineated and bordered red or coloured yellow in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 20/2. " (b) For Parts 4, 5, 6, 7, 8 and 9 there shall be substituted the following Parts :— " PART 4.—HOLEY PLAINS PARK. All those pieces or parcels of land containing 10,450 hectares, more or less, situate in the Parishes of Coolungoolun, Holey Plains and Rosedale, , being the SECOND 1,028 1978. National Parks. No. 9247

SECOND SCHEDULE.—continued. land delineated and bordered red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 33. PART 5.—MELBA GULLY PARK. All that piece or parcel of land containing 48 hectares, more or less, situate in the Parish of Barwongemoong, , being the land delineated and bordered red in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 34. PART 6.—MOUNT WORTH PARK. All those pieces or parcels of land containing 423-5 hectares, more or less, situate in the Parish of Allambee, County of Buln Buln, being the land delineated and bordered red or bordered green or coloured yellow in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 35. PART. 7.—NEPEAN PARK. All those pieces or parcels of land containing 1,050 hectares, more or less, situate in the Parishes or Fingal, Kangerong and Wannaeue, County of Mornington, being the land delineated and bordered red or coloured yellow in a plan • prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 36. PART 8.—WARBY RANGE PARK. All those pieces or parcels of land containing 2,821 hectares, more or less, situate in the Parishes of Glenrowen and Taminick, , being the land delineated and bordered red excepting therefrom the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 26/1. PART 9.—WERRIBEE GORGE PARK. All those pieces or parcels of land containing 375 hectares, more or less, situate in the Parishes of Gorong, Gorrockburkghap and Korkuperrimul, Counties of Grant and Bourke, being the land delineated and bordered red or coloured yellow in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 37." (c) After Part 9 there shall be inserted the following Parts :-r- "PART 10.— PARK. All those pieces or parcels of land containing 1,130 hectares, more or less, situated in the Township of Beechworth and the Parishes of Beechworth and El Dorado, , being the land delineated and bordered red or bordered green excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in plans prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 38A and N.P. 38B. PART 11.—BIG DESERT WILDERNESS PARK. All those pieces or parcels of land containing 1,135 square kilometres, more or less, situate in the , being the land delineated and stippled grey in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 39. SECOND 1978. National Parks. No. 9247 1,029

SECOND SCHEDULE.—continued. PART 12.—CAPE NELSON PARK. All those pieces or parcels of land containing 210 hectares, more or less, situate in the Parish of Trewalla, , being the land delineated and bordered red in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 40. PART 13.—CATHEDRAL RANGE PARK. All those pieces or parcels of land containing 3,570 hectares, more or less, situate in the Parishes of Taggerty and Torbreck, County of Anglesey, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 41.

PART 14.—CHILTERN PARK. All those pieces or parcels of land containing 4,250 hectares, more or less, situate in the Parishes of Barnawartha South, Chiltern, Chiltern West and Wooragee North, County of Bogong, being the land delineated and bordered red or bordered green excepting therefrom all the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 42. Notwithstanding the declaration of this land as a park the following activities may be carried on subject to section 25B of this Act and the following conditions :— (a) Production of poles, sleepers, fencing materials and associated minor forest produce in the section north of the Hume Highway where this does not conflict with— (i) providing opportunities for informal recreation for the public ; (ii) protecting and conserving the natural ecosystems to the extent that this is consistent with (i) ; (/>) In the section south of the Hume Highway, management aimed at restoring the original structure of the box-ironbark forest type in order to enhance wildlife conservation, with removal of any forest produce becoming available as this restoration is effected. PART 15.—COOPRACAMBRA PARK. All those pieces or parcels of land containing 145 square kilometres, more or less, situate in the Parishes of Koola, Kowat, Loomat and Wangarabell, County of Croajingolong, being the land delineated and bordered red or bordered green excepting therefrom the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 43. PART 16.—DISCOVERY BAY PARK. All those pieces or parcels of land containing 8,450 hectares, more or less, situate in the Parishes of Glenelg, Kentbruck, Mouzie, Tarragal and Warrain, Counties of Follett and Normanby, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land

SECOND 1,030 1978. National Parks. No. 9247

SECOND SCHEDULE.—continued. bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 44. PART 17.—EILDON PARK. All those pieces or parcels of land containing 240 square kilometres, more or less, situate in the Parishes of Banyarmbite, Darlingford, Howqua West, Jamieson, Lodge Park and Thornton, Counties of Anglesey and Wonnangatta, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 45. Notwithstanding the declaration of the land as a park and subject to section 25B of this Act the pine plantation on allotment 7, Parish of Howqua West may be harvested. PART 18.—GIPPSLAND LAKES PARK. All those pieces or parcels of land containing 155 square kilometres, more or less, situate in the Township of Seacombe and the Parishes of Boole Poole, Booran, Colquhoun, Dulungalong, Giffard, Seacombe and Wulla Wullock, Counties of Buln Buln and Tanjil, being the land delineated and bordered red or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in plans prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 46A, N.P. 46B and N.P. 46c. PART 19.—LAKB ALBACUTYA PARK. All those pieces or parcels of land containing 107 square kilometres, more or less, situate in the Counties of Karkarooc and Weeah, being the land delineated and stippled grey in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 47. PART 20.—MOUNT SAMARIA PARK. All those pieces or parcels of land containing 7,600 hectares, more or less, situate in the Parishes of Dueran, Moorngag and Nillahcootie, , being the land delineated and bordered red or bordered green excepting therefrom the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 49. PART 21.— PARK. All those pieces or parcels of land containing 1,550 hectares, more or less, situate in die Parishes of Brockie, Cantala, Colignan and Kulkyne, County of Karkarooc, being the land delineated and stippled grey in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. SO. PART 22.—PINK LAKES PARK. All those pieces or parcels of land containing 507 square kilometres, more or less, situate in the Counties of Millewa and Weeah, being the land delineated and stippled grey or coloured yellow in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 51. PART 23.—STHOLTTZ PARK. All those pieces or parcels ofi land containing 655 hectares, more or less, situate in the Township of Steiglitz and the Parish of Durdidwarrah, County of Glint, being the land delineated SECOND 1978. National Parks. No. 9247 1,031

SECOND SCHEDULE.—continued. and bordered red or bordered green excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 52. PART 24.—WABONGA PLATEAU PARK. All those pieces or parcels of land containing 176 square kilometres, more or less, situate in the Parishes of Cambatong, Matong, Matong North, Wabonga and Wabonga South, County of Delatite, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 54. Notwithstanding the declaration of this land as a park the following activities may be carried on subject to section 25B of this Act :— (a) Low intensity timber production to continue within the zone shown hatched in respect of State Park A.2 Wabonga Plateau in Map No. 1 accompanying Final Recommendations of the Land Con­ servation Council for the North-Eastern Study Area Districts, 3, 4 and 5, April, 1977 ; (b) Removal of the experimental areas of pine plantations. PART 25.—YEA RIVER PARK. All those pieces or parcels of land containing 220 hectares, more or less, situate in the Parishes of Kinglake and Woodbourne, County of Anglesey, being the land delineated and bordered red or bordered green or coloured yellow in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 56."

THIRD SCHEDULE. S. 10 PART A. Freehold lands to be surrendered to H.M. the Queen by A.P.M. Forests Proprietary Limited—348 hectares ± comprising— (i) Parish of Allambee—\lih&± Allotment 61A 69ha± F.C.T. Vol. 7165 Fol. 897 Allotment pt. 61B 37ha± F.C.T. Vol. 5844 Fol. 739 Allotment pt. 21 65ha± F.C.T. Vol. 7274 Fol. 659 Allotment pt. 17B 3ha± F.C.T. Vol. 7165 Fol. 897 Allotment pt. 61c 4ha± F.C.T. Vol. 5610 Fol. 972 (ii) Parish of Yinnar— 170ha± Allotment 3, Section A 62ha± F.C.T. Vol. 3991 Fol. 101 Allotment 8, Section A 106ha± C.G. Vol. 2242 Fol. 397 Allotment 3A, Section A 2ha± C.G. Vol. 8712 Fol. 335 PART B. Crown Lands to cease to be Reserved Forest and to be granted in fee simple to A.P.M. Forests Proprietary Limited—400-3 hectares ± comprising Crown Allotments 62c and 65A Parish of Tong Bong. 1,032 1978. National Parks. No. 9247

PART C. Land which by virtue of this Act is deemed to be Reserved Forest. Twenty-seven hectares, more or less, being part of Crown Allotment 8, section A Parish of Yinnar : NATIONAL PARK

RESERVED FOREST

100 0 100 200 300 400

METRES Subject to Survey