19 7 8 103 VICTOEIA. ANNO VICESIMO SEPTIMO ELIZABETHS SECUNDS REGINS No. 9114. An Act to amend the National Parks Act 1975, and the Forests Act 1958, and for other purposes. [\eth May, 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):— 1. (1) This Act may be cited as the National Parks {Amendment) short tuie. Act 1978. (2) In this Act the National Parks Act 1975 is called the Principal Principal ACI L } ' . *^ No. 8702. (3) This Act shall come into operation on the day on which commence, it receives the Royal Assent. 2. The Table of Parts and Divisions in section 1 (3) of the NO'8702'"'°' Principal Act shall be amended as follows :— {a) For the expression "ss. 17-32." there shall be substituted the expression " ss. 17-32c." ; {b) For the expression " Division 4.—Special Provisions Relating to Particular National Parks ss. 28-32." there shall be substituted the following :— " Division 4.—Special Provisions Relating to Particular National Parks ss. 28-32A. Division 104 1978. National Parks {Amendment). No. 9114 Division 5.—Special Provisions Relating to Particular Parks Other than National Parks ss. 32B-32C." Amendment or 3. (1) Schedule Two to the Principal Act shall be amended as No. 8702. specified in Schedule One. Schedule Two. Addition to (2) Notwithstanding anything in sub-section (1) so much of the Mallacootta Inlet National land described in Part 15 of Schedule Two to the Principal Act as Park. amended by this Act as is described in Crown grant volume 3357 folio 247 shall not be land described in the Part aforesaid except as provided in section 31A of the Principal Act as amended by this Act. Amendment of 4. (1) For Schedule Three to the Principal. Act there shall be No. 8702. substituted the schedule in Schedule Two. Schedule Three. (2) Any land described in Part 2 of Schedule Three to the Principal Act as in force immediately before the commencement of sub-section (1) and not described in Part 2 of Schedule Three to the Principal Act as amended by sub-section (1) shall be deemed to be unalienated Crown land. Amendment of 5. In section 12 (1) of the Principal Act for the words "reserved No. 8702 s. 12. under that Act for the purposes of a park " there shall be substitiited the following expression :— Council may be " (a) reserved under that Act for the purposes of a park ; appointed as committee of management for {b) purchased or acquired for and on behalf of Her Majesty certain land. under the Land Act 1958 on the recommendation of the Minister and which the Minister recommends should be managed by the council ; (c) deemed under section 3 of the Victoria Conservation Trust Act 1972 to be reserved ; (d) reserved under the Land Act 1958 for other purposes in respect of which notice has been given by the Governor in Council under section 10 (3) of the Land Conservation Act 1970 and in respect of which the Minister recommends to the Minister of Lands that it would be appropriate for the council to be appointed as a committee of management of the land." Amendment of 6. After section 19 (2) of the Principal Act there shall be No. 8702 s. 19. inserted the following sub-section :— New ss. 2A, Rights associated " (2A) Where a tenancy has been or is to be granted to a person with tenancies. pursuant to paragraph (ft) of sub-section (2), the Minister may in writing 1978. National Parks {Amendment). No. 9114 105 writing and for such fees and charges and subject to such terms conditions and covenants as he determines, grant to the person for the whole or any part of the period of the tenancy, a licence to use— (a) any— (i) buildings which are outbuildings in relation to the building to which the tenancy relates ; (ii) structures (other than buildings) apparatus or equipment in the immediate vicinity of the building to which the tenancy relates— for the respective purposes for which each is provided and for any other purpose incidental to the use of the building in accordance with the agreement; (b) land immediately about the building to which the tenancy relates and other land immediately about any outbuildings structures apparatus or equipment authorized by the agreement to be used, as necessarily incidental to the, use of the building outbuilding structure apparatus or equipment in accordance with the agreement." 7. After section 19 of the Principal Act there shall be inserted Amend men I of the following section :— Z.T%.. ' 19A. (1) Where land vested in the Victoria Conservation Trust J^SSSSS"' (hereinafter called " the Trust") will in the future be surrendered *iji> ^jj,"?™ and conveyed or transferred to the Crown for use as a park (whether Trw?""''°" within the meaning of this Act or not) or part of a park (whether within the meaning of this Act or not) or for a purpose or purposes (whether described in the same terms or terms to the like effect) for which it is within the objects of this Act to make provision in relation to a park and the land is suitable to be a park or part of a park under this Act the Minister may enter into an agreement with the Trust for.the management of the land by the Director. (2) Where the Director undertakes the management of land pursuant to an agreement under this section, the land shall be used and managed as though it was (as the case requires in accordance with the agreement) a national park or other park or part of a national park or other park. (3) The Governor in Council may make regulations with respect to land subject to an agreement under this section as though the land was (as the case requires in accordance with the agreement) land described in Schedule Two or Schedule Three. (4) Nothing in this section shall be construed as authorizing the Minister 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 106 1978. National Parks {Amendment). No. 9114 provision for the doing of anything which would not be consistent with any trust condition covenant or other restriction relating to the use of any land referred to in sub-section (1).' Amendment of No. 8702 s. 21. 8. In section 21 (I) of the Principal Act— Duration of {a) in paragraph (b) for the words " three months " there permits. shall be substituted the words " six months " ; and (6) in paragraph (c) for the expression " 30 days " there shall be substituted the words " six months ". Amendmcnc of 9. After section 25 of the Principal Act there shall be inserted No. 8702. New section the following section :— inserted. Continuation of "25A. Where land included in Schedule Two is at the time of existing uses. the inclusion subject to a notice pursuant to section 10 (3) of the Land Conservation Act 1970 requiring that effect be given to a recommendation that an existing use or existing uses of the land be continued, the Minister may in writing grant to a person a tenancy of or licence in respect of all or any part of the land for a period not exceeding seven years for such fees rent or other charges and subject to such terms, conditions and convenants consistent with the recommendation as the Minister determines for a use recommended as aforesaid." Amendment of 10. After section 26 of the Principal Act there shall be inserted No. 8702 New section the following section :— inserted. Tenancies or " 26A. The Minister may by agreement in writing grant to a person licences for certain purposes. a tenancy of or licence in respect of land in a park described in Schedule Three for a period not exceeding seven years for such rent fees and other charges and subject to such terms conditions and covenants as the Minister determines and which is or are specified in the agreement for any specified purpose— (fl) being a purpose or a purpose of a like nature to a purpose for which the land was being used at the time it became Crown land or for which it was being used at the time the land became a park or part of a park under this Act ; and {b) being a purpose consistent with— (i) any trust conditions convenants or other restrictions as to use thereof affecting the the land or any part thereof ; (ii) the objects of this Act in relation to the land or any part thereof; and (iii) any notice which has been given pursuant to section 10 (3) of the Land Conservation Act 1970 relating to the land or any part thereof." 11. The 1978. National Parks {Amendment). No. 9114 107 11. The Principal Act shall be amended as follows:— NO"?^'"' » {a) Sub-sections (5) and (6) of section 29 shall be repealed ; and (fe) After section 29 there shall be inserted the following New s. 29A. section :— " 29A. (1) The Minister may with the consent of the Country Roads Board cause to be erected or placed upon or across a road specified in sub-section (2)- (a) any structure or sign to indicate an entrance to the park adjacent to the road ; {b) in the vicinity of any such structure or sign a building or other structure for use as a shelter by and office accommodation for persons carrying out functions referred to in sub-sections (3) and (4) ; (c) any notice sign light or other device to notify users of the road that they are approaching an entrance to the park adjacent to the road.