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Elizabeths Secunimb Regin^ 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 Victoria 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 <b) by 1978. National Parks. No. 9247 1,019 (b) by notice published in the Government Gazette authorize any class or classes of persons— to carry and use any firearms or class or classes of firearms in the parks or in parts of the parks described in parts 16, 18 and 19 of Schedule Three for such period or periods as are specified and subject to such conditions and restrictions as are specified in the permit or notice. (3) The Governor in Council may make such regulations as are necessary or convenient to regulate hunting in the parks described in parts 16, 18 and 19.". 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.
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