19 7 0 841

VICTORIA.

ANNO UNDEVICESIMO ELIZABETHS SECUNDy^ REGINS

No. 8083. An Act to re-enact and amend the Law relating to National Parks and for other purposes. [22nd December, 1970.] D E 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) :—

1. (1) This Act may be cited as the National Parks Act 1970. short utie. (2) This Act shall come into operation on the commencement commence- of the State Development Act 1970. ""' 2. In this Act unless inconsistent with the context or subject-matter— " Director " means the Director of National Parks appointed "Director." under the State Development Act 1970 ; " National Park " or " Park " means— -National Park" or (a) any park referred to in the Schedule ; and "P"''" (b) any area declared to be a national park by any Act. "Public authority" includes— -Pubiic authority.'' (a) any Government Department ; (b) the 842 1970. National Parks. No. 8083

(Jb) the Victorian Railways Commissioners, State Rivers and Water Supply Commission, the Country Roads Board, the Forests Commission, the State Electricity Commission of Victoria, the and Metropolitan Board of Works, the Geelong Waterworks and Sewerage Trust, any waterworks trust or any local governing body within the meaning of the Water Act 1958, the council of any municipality and any other body of persons corporate or unincorporate declared by the Governor in Council to be a public authority for the purposes of this Act.

* Prescribed." " Prescribed " means prescribed by this Act or the regulations.

Objects of 3. The objects of this Act are— Act. No. 6326 s. 4. {a) to provide for the control of national parks ; ib) to protect and preserve indigenous plant and animal wild life and features of special scenic scientific or historical interest in national parks ; (c) to maintain the existing environment of national parks ; and {d) to provide for the education and enjoyment of visitors to national parks and to encourage and control such visitors.

National parks 4. (I) Any national park or part of any national park may be may be subject to such declared to be subject to such conditions restrictions and reservations conditions and restrictions, &c., as to use and such directions as to responsibility for fire protection as Governor in Council as the Governor in Council having regard to recommendations of prescribes. the Director of National Parks thinks fit and prescribes by No. 6326 s. 8. proclamation published in the Government Gazette and such conditions restrictions reservations and directions shall have effect accordingly ; and the Governor in Council may having regard to any recommendation of the Director of National Parks revoke amend or vary any such condition restriction reservation or direction or impose any new condition restriction reservation or direction by a subsequent proclamation published in the Government Gazette. (2) The Governor in Council may by regulation prescribe classifications of national parks and may by proclamation published in the Government Gazette declare that any national park or any part thereof is of any such classification or that parts thereof are of different classifications. (3) Any declaration of any land as a national park shall be made by Act of Parliament and not otherwise.

(4) Any 1970. National Parks. No. 8083 843

(4) Any reference in any Order in Council proclamation notice Redefinition of or othe.(_•r instrumen. t. or documenJ t. or i. n any provisio.. n of. any AcA. t wiison-boundaries s of to the shore N™^nai°p'ark (a) of Bass Strait or of Corner Inlet or of Shallow Inlet for National Par" the purpose of or in connexion with the definition or description of the boundaries of Wilson's Promontory National Park ; (b) of Lake Reeve or of Lake Victoria for the purpose of or in connexion with the definition or description of the boundaries of — shall be deemed and taken to be a reference to th.at shore at low water mark.

5. (1) The Minister with the consent of the Governor in Council PQ*" to^^^^ may purchase by agreement for and on behalf of Her Majesty any For"iiSonfi" land which he considers suitable for a national park or any No.'^ne s. 8*. easement right or privilege in or over land which he considers necessary or desirable for providing access to or developing improving or protecting any national park. (2) For the purpose of enabling any alienated land (including Resumption any land vested in trustees or in any public authority or i^d fo™ ° municipality) to be reserved under the Land Act 1958 as a site national park. for a national park, such land may subject to sub-section (3) of this section be resumed by the Crown. (3) Land shall not be resumed pursuant to sub-section (2) of this section unless it is— (a) wholly surrounded by a national park ; {b) required for an access road to a national park ; or (c) set aside for a national park by a planning scheme approved by the Governor in Council under the Town and Country Planning Act 1961. (4) The purpose mentioned in sub-section (2) of this section shall be deemed to be a purpose referred to in sub-section (1) of section 331 of the Land Act 1958 and the provisions of Part VII. of that Act shall extend and apply to and with respect to such land and the resumption thereof accordingly. (5) Any land so purchased or resumed shall upon the surrender thereof to Her Majesty or the resumption thereof be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Land Act 1958 as a site for a national park. (6) The purchase money or compensation for any land purchased or resumed pursuant to this section shall be paid out of any moneys in the National Parks Fund. 6. The 844 1970. National Parks. No. 8083

Power to 6. The Minister may— Minister to accept gifts and administer («) accept a gift devise or bequest of any real or personal property. property ; and No. 6326 s. 8B. {b) act as executor or administrator of any estate or as trustee, of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

National paries to be 7. (1) Every national park shall subject to this Act be under controlled by Minister. the control of the Minister who shall exercise such control subject No. 6326 to the objects of this Act and to any conditions restrictions and s. 9. reservations prescribed by any proclamation under this Act in relation to the park.

Power to (2) For the purposes of this Act the Minister may— Minister to carry out (a) carry out permanent works for the establishment permanent works and protection (including fire protection) development maintenance in national and improvement of the park and (without limiting paries. the generality of the foregoing) may erect buildings for the accommodation or convenience of the public, set apart and establish camping places, provide conveniences amenities and attractions and provide roads and tracks in or into the park ; {h) grant to any person or body of persons a tenancy of or a permit to manage or occupy any building camping place convenience amenity or attraction so erected set apart or provided or any other building convenience or facility in the park at such rent charge or fee for such periods not exceeding seven years and subject to such reasonable conditions as the Minister determines ; (c) carry out works of maintenance in the park ; ((f) subsidize any person or body carrying out any works of permanent improvement or maintenance in the park with the approval of the Minister ; (e) with the consent of the Minister of Lands and the Minister of Public Works carry out permanent works for the protection of any foreshore outside the park but adjacent to its boundaries and provide jetties and launching places and landing places on or in any foreshore or waters in the park or outside but adjacent to its boundaries. (3) The Minister may arrange for any constructional works or works of maintenance to be undertaken by private contractors or by any public authority to be paid for out of the National Parks Fund. (4) Subject 1970. National Parks. No. 8083 845

(4) Subject to this Act the Director with the consent of the Power to Minister may grant to any person or body of persons a permit to Ac^'onand. occupy or a lease of not more than three acres of land in any national park to be used only for a purpose authorized by the Governor in Council either generally or in any particular case for a term not exceeding three years subject to such covenants terms and conditions and the payment of such rent fees and charges as the Director thinks fit. (5) Subject to this Act the Governor in Council may— (fl) grant to any person or body of persons a permit to occupy or a lease of not more than three acres of land in any national park to be used only for the purpose of a kiosk cafe or store or of scientific research or a purpose authorized by the Governor in Council for a term not exceeding thirty-three years subject to such covenants terms and conditions and to the payment of such rent fees and charges as the Governor in Council thinks fit ; {b) grant to any person or body of persons a lease of an area of land in any national park for a term not exceeding seventy-five years for the purpose of the erection thereon by the lessee of a building costing not less than $200,000 subject to such covenants terms and conditions and to the payment of such rent fees and charges as the Governor in Council thinks fit : Provided that the Governor in Council shall not grant a lease for a term exceeding seven years unless at least one month previously there has been published in a newspaper circulating in the municipal district in which the park is situated and in a daily newspaper published in Melbourne and in four consecutive issues of the Government Gazette a notice setting out the name of the park the location of the land and the purpose and term for which the lease is proposed to be granted.

8. The Minister shall— P"'i5; "f. Minister in ,,,. . ., ., f 1 • t relation to {a) unless inconsistent with any special purpose for which national a national park has been proclaimed or declared N" 6326 by or under any Act, maintain every national »• '"• park in its natural condition and conserve therein ecological associations and species of native plants and animals and protect the special features of the park and as far as practicable exterminate exotic plants and animals therein ; (fc) encourage 846 1970. National Parks. No. 8083

{b) encourage and regulate the use of national parks by the public and provide for the enjoyment thereof by the people in such a way as to leave parks unimpaired for the enjoyment of future generations ; (c) protect national parks from injury by fire ; {d) investigate proposals for the addition of areas to any national park or for any new national park.

Impounding of cattle 9. (1) The Director shall have power to impound any cattle trespassing in trespassing in any national park and shall be deemed to be the national parks. occupier thereof within the meaning of the Pounds Act 1958 and where the Director has delegated the power conferred by this section to a committee of management of any park such committee shall be deemed to be the occupier of the land comprised in that park within the meaning of the said Act. (2) In this section " Cattle" has the same meaning as in section 3 of the Pounds Act 1958. (3) Nothing in this section shall affect the powers of any committee of management under the Land Act 1958 in respect of any land comprised in a national park to impound cattle trespassing on such land. (4) Notwithstanding anything in the Pounds Act 1958 any person authorized in writing by the Director may exercise the powers conferred by this section on behalf of the Director whether or not he is appointed to be a poundkeeper under this Act.

Power to 10. (1) The Governor in Council may appoint a pound within establisb pounds in any national park and may appoint an officer or any other person national parks. to be poundkeeper thereof and the pound fees and trespass rates No. 6326 s. 10A. collected by him shall be paid into the National Parks Fund estabUshed under this Act. Trespass rates. (2) A pound so appointed shall be deemed to be a pound not within a municipality and the trespass rates to be received by the poundkeeper shall be fixeda t 10 cents for each ram ewe sheep lamb goat or pig and 25 cents for each head of other cattle. (3) The trespass rates hereby fixed shall be due and payable by the owner of the cattle or his agent to the poundkeeper or in the case of cattle being driven to a pound to any person authorized in writing by the Director or by a committee of management who is driving them to a pound appointed as aforesaid or to a pound within a municipality and shall be paid by such owner or agent before the release of such cattle. Application of Pounds Act (4) So far as consistent with this section the provisions of 1938. the Pounds Act 1958 shall apply to such pound and the poundkeeper thereof and all persons whose cattle are impounded and to such cattle. 11. No 1970. National Parks. No. 8083 847

11. No lease or licence shall be granted under the Mines Act AS to mining 1958 or the Petroleum Act 1958 or the Extractive Industries Act ifwnceT 1966 in respect of any part of a national park except with the ^°-,f^^* consent of the Minister : Provided that if any person is aggrieved by any refusal of the Minister to give any such consent he may in writing to the Minister appeal to the Governor in Council whose decision shall be final.

12. (1) Where at the time when an area is declared to be a committeet or ,',,... f. management. national park there is m existence a committee of management NO. 6326 under the Land Act 1958 or the,Forests Act 1958 in respect of.the '• '^• whole or part of the land comprised in the park (whether or not in addition to any other land) the Governor in Council, after considering any recommendations of the Minister and" of the committee of management, may— (a) decide to leave the committee of management to function subject to this Act; or (6) by Order published in the Government Gazette revoke the appointment of the committee of management so far as relates to the whole or part of the land comprised in the park. (2) Insofar as there is not at any time such a committee of management in respect of a national park the Minister may appoint a committee, representative of local interests and of national park interests, to manage the park on his behalf and may delegate to such committee such of his powers and functions as he thinks fit. (3) Subject to any general or special directions given by the Minister, any committee to which any powers have been so delegated may exercise those powers in the same manner and with the same effect as if they had been directly conferred on that committee by this Act and not by delegation. (4) Every committee purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation. (5) Any such delegation may at any time be revoked by the Minister in whole or in part, but such revocation shall not affect in any way anything done under the delegated authority. (6) No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act. (7) The members of a committee of management under this Act who are not officers or employes of the Public Service shall be entitled to receive such travelling allowances as are prescribed. (8) Where 848 1970. National Parks. No. 8083

(8) Where a member of Parliament or a person who is receiving or is entitled to receive a pension under Division 4 of Part II. of The Constitution Act Amendment Act 1958 or a superaimuation benefit under the Parliamentary Contributory Superannuation Act 1962 or the Parliamentary Salaries and Superannuation Act 1968 is or is appointed a member of a committee of management under this Act, or as a member of a committee of management receives any travelling allowance under this Act, such member or person shall not for the purposes of Division 2 of the said Part II. or of Division 4 of the said Part II. or of section 8 of the Parliamentary Contributory Superannuation Act 1962 or of section 23 of the Parliamentary Salaries and Superannuation Act 1968 (as the case may be) be deemed to have accepted or hold an office or place of profit under the Crown.

Committees 13. (1) The Minister may recommend to the Minister of Lands appointed under section that any committee appointed under section 12 of this Act or under 12 or under the Slate section 7 of the State Development Act 1970 be appointed under Development Act 1970 section 221 of the Land Act 1958 as a committee of management may be appointed of any land reserved as mentioned in that section which is suitable committees for a national park or for administration in conjunction with an of management. existing national park in any case where there is no committee of management of the land or where the committee of management of the land consents in writing to the appointment of such committee as a committee of management in its place. (2) The Governor in Council may subject to and in accordance with the provisions of section 221 of the Land Act 1958 on the recommendation of the Minister of Lands appoint such committee to be a committee of management and may authorize the keeping of unified books of account and records where two areas are administered in conjunction. (3) Where any committee is appointed as aforesaid to be the committee of management of any land it may under the control of the Minister in addition to any moneys which it may as such committee of management expend in respect of the land expend moneys in the National Parks Fund in the management maintenance and protection of the land. (4) Every such appointment of a committee of management shall be for a period not exceeding two years and shall not be extended beyond two years except upon a resolution of both Houses of Parliament.

Director of National Parks 14. Notwithstanding the provisions of section 3 of the to be trustee Cemeteries Act 1958, at the commencement of this Act the Director of Loch Ard Public of National Parks shall succeed the National Parks Authority as Cemetery. the sole trustee of the Loch Ard Public Cemetery and he shall have

all 1970. National Parks. No. 8083 849 all the povi^ers and perform all the duties of trustees appointed pursuant to the Cemeteries Act 1958 and the provisions of that Act shall apply so far as they are applicable and with any necessary modifications.

15. Nothing in this Act shall derogate from the powers ^*^°8^f'° authorities and functions of any public authority except that pubu" ° any such power function or authority shall (except in case of NT°632r emergency) in relation to any national park be exercised subject «• i^- to the conditions restrictions reservations and directions in any proclamation under this Act relating to the park unless the Governor in Council otherwise directs whether generally or in any particular case after considering any representations of the Minister in relation thereto.

16. (1) There shall be paid into the National Parks Fund National established under the National Parks Act 1958— N" 6326"s. M. (a) any gifts or bequests made to the Minister ; {b) any moneys appropriated by Parliament ; (c) any other money received by the Minister— for the purposes of this Act or the State Development Act 1970 in relation to national parks. (2) There shall be paid out of the Fund costs and expenses incurred in the exercise of any functions powers or authorities or the performance of any duties conferred or imposed by this Act or under the State Development Act 1970 in relation to national parks. (3) A separate account shall be kept in the Fund in respect of each national park and any tolls fees rents charges or other moneys received by the committee of management of any national park shall be used by such committee for the purposes of such park.

17. (1) The National Parks Advisory Committee appointed ^°^Q^'" pursuant to section 7 of the State Development Act 1970 shall at to Parliament, least in every year and not later than the 30th September in each year make a report to the Minister on the operation of this Act. (2) Every report made by the Committee shall be laid before both Houses of Parliament within 14 days of the making thereof if Parliament is then sitting and if Parliament is not then sitting within 14 days after the next meeting of Parliament.

18. (1) The Governor in Council may make regulations for ^'/"j"^*^- ,g or with respect to— (a) classifying national parks ; {b) the protection preservation and care of national parks or any class of national parks and of permanent works 850 1970. National Parks. No. 8083

works and works of maintenance and of facilities and amenities and of native flora and fauna and features of scenic scientific or historical interest therein ; (c) regulating the conduct obligations and duties of persons visiting or travelling exploring or camping in national parks or any class of national parks and (without affecting the generality of the foregoing) the safety of persons visiting such parks and liability for all reasonable expenses incurred in connexion with searches to find persons who have become lost, or (after failure to comply with the regulations) are reasonably believed to have become lost therein ; {d) fixing tolls fees and charges to be paid by persons using accommodation or amenities provided in national parks ; {e) the proceedings of committees under this Act ; (/) travelling allowances for members of committees appointed under this Act ; (g) prescribing penalties (not exceeding $100 in any case) for breaches of the regulations ; (Ji) generally, prescribing any matters or things authorized or required to be prescribed under this Act. (2) Where the regulations so provide the regulations shall have effect on such part of any road to which this sub-section applies as is specified in the regulations as if that part of the road formed part of a national park. (3) Sub-section (2) applies to that part of any road— (fl) which is bounded on each side by a national park ; and {b) which has not been declared or proclaimed under the Country Roads Act 1958 or having been so declared or proclaimed has, by notice published in the Government Gazette, been declared by the Country Roads Board to be part of a road to which sub-section (2) may apply. Power to direct 19. The Dircctor may order either generally or in any particular No-TszTs! 17. case that proceedings be taken for the recovery of any penalties incurred under or for the punishment of any persons offending against this Act or any regulations made under the powers conferred by this Act.

Power oj- 20. In all proceedings before justices or in any magistrates' represent _ court any officer designated by the Director in writing under Slt^'^tons. his hand for that purpose may represent the Director in all respects No. 6326 s. 18. 35 though such officer was the party concerned. 21. In 1970. National Parks. No. 8083 851 21. In any prosecution or legal proceeding under the provisions Proor of of this Act instituted by or under the direction of the Director not required. no proof shall be required (unless evidence is given to the contrary) NO. 6326 s. i9. of— (a) any order of the Director to prosecute ; {b) the particular or general appointment of any officer to take proceedings against any person ; (c) the powers of the said officer to prosecute ; (d) the appointment of the Director or other officer.

22. All documents whatever purporting to be issued or written Evidence of by or under the direction of the Minister or the Director and issued by purporting to be signed by an officer shall be received as evidence ra^tof.°' in all courts and before all persons acting judicially within Victoria NO. 6326. s. 20. and shall without proof be deemed to have been issued or written by or under the direction of the Minister or Director (as the case may be) until the contrary is shown.

SCHEDULE.

Name of Reserve. Area.

- A. R. P. 1. 139,760 0 00 2. Kinglake National Park 14,096 3 39 3. Fern Tree Gully National Park 931 3 ,1 4. Wilson's Promontory National Park 120,875 2 20 5. Mount Buffalo National Park .. 27,280 0 00 6. The Lakes National Park 5,238 0 00 7. The area known as " Lind Park " 2,882 0 00 8. The area known as " Alfred Park " .. 5,406 0 00 9. Wingan Inlet National Park 4,730 0 00 10. Mallacoota Inlet National Park 11,225 0 00 11. Tarra Valley National Park 315 0 18 12. Bulga Park .. .. < 91 0 00 13. The area known as "Churchill National Park" . 477 0 00 14. The area known as " Fraser National Park " 7,745 3 9 15. Moiuit Richmond National Park 2,036 3 33 16. Mount Eccles National Park .. 974 0 20 17. Hattah Lakes National Park 44,000 0 00 18. Glenaladale National Park 403 2 15 19. Port Campbell National Park .. 1,750 0 00 20. 346 3 2 21. Little Desert National Park 86,870 0 00 22. Lower Glenelg National Park 22,400 0 00 23. Captain James Cook National Park 6,700 0 00