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No. 6326. NATIONAL PARKS ACT 1958

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No. 6326. NATIONAL PARKS ACT 1958 1958. National Parks. No. 6326 767 No. 6326. NATIONAL PARKS ACT 1958. An Act to consolidate the Law relating to National Parks. [3Qth September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B 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. This Act may be cited as the National Parks Act 1958, and short tine shall come into operation on a day to be fixed by proclamation of mencement the Governor in Council published in the Government Gazette. 2. (1) The Acts mentioned in the First Schedule to the extent Repeal. thereby expressed to be repealed are hereby repealed accordingly. First Schedule. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (6) in particular. and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect 768 1958. National Parks. No. 6326 of any proclamation regulation order appointment nomination allowance consent permit decision direction delegation fund liability or right made effected issued granted given passed accrued incurred or acquired or existing or continuing by or under the repealed Acts before the commencement of this Act. interpretation. 3. In this Act unless inconsistent with the context or No. 6023 s. z subject-matter— " Authority." " Authority " means the National Parks Authority under this Act. " Director. " Director " means the Director of National Parks under this Act. " National " National park " or " park " means any area declared by park." this or any subsequent Act to be a national park. " Public authority." " Public authority " includes— (a) any Government Department; (b) the Victorian Railways Commissioners, the State Rivers and Water Supply Commission, the Country Roads Board, the Forests Commission, the State Electricity Commission of Victoria, the Melbourne and Metropolitan Board of Works, the Geelong Waterworks and Sewerage Trust, any waterworks trust or 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 by Order published in the Government Gazette to be a public authority for the purposes of this Act. " Regula­ tions." " Regulations " means regulations under this Act. Objects of 4. (1) The objects of this Act are— Act. No. 6023 s. 3. (a) to provide for the establishment and control of national parks; (b) 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; (d) to provide for the education and enjoyment of visitors to national parks and to encourage and control such visitors. 1958. National Parks. No. 6326 769 (2) The Premier of Victoria shall be the Minister Admioistrv administering this Act. 5. (1) For the purposes of this Act there shall subject to the gjg^0' Public Service Act 1958 be appointed a Director of National Paarks?a Parks. No'6023 *•4- (2) The Director shall be the executive officer of the National Parks Authority. 6. (1) For the purposes of this Act there shall be a National Natmnai Parks Authority consisting of— Authority. (a) the Premier of Victoria or such other Minister as is No. 6023 s. 5. for the time being nominated by the Premier, who shall be the chairman of the Authority; (b) the Director; (c) the Secretary for Lands or his nominee; (d) the Chairman of the Forests Commission of Victoria or his nominee; (e) the Secretary of the Public Works Department or his nominee; (/) the Chairman of the Soil Conservation Authority or his nominee; (g) the Director of Fisheries and Game; (ft) one member appointed by the Governor in Council as representing organizations concerned with the protection of native fauna and flora; (i) one member appointed by the Governor in Council as representing persons having a special interest in national parks; (/') one member appointed by the Governor in Council as representing the Victorian Ski Association; (k) one member appointed by the Governor in Council as representing the Victorian Tourist Bureau. (2) The Governor in Council shall from time to time appoint one of the members of the Authority to be the deputy chairman thereof. (3) The Authority shall be a body corporate under the name of the " National Parks Authority " and shall have perpetual succession and a common seal and be capable in law of suing and being sued and, subject to and for the purposes of this Act, of acquiring holding and disposing of property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. VOL. VI.—25 770 1958. National Parks. No. 6326 (4) The members referred to in paragraphs (ft) (/) (/) and (k) of sub-section (1) of this section shall be appointed for a term of not more than three years and shall be eligible for re-appointment, but the Governor in Council may at any time remove any such member. (5) In the event of a vacancy however occurring in the office of any member referred to in paragraphs (ft) (/) (/) or (k) of sub-section (1) of this section the Governor in Council may appoint another in his stead for the unexpired period of his office. (6) The Authority shall meet at such times and places as are appointed by the Minister. (7) At any meeting of the Authority the chairman or in his absence the deputy-chairman shall preside. (8) Five members of the Authority shall form a quorum. o (9) All questions shall be decided by a majority of those present at any meeting of the Authority at which there is a quorum. (10) In the event of equality of votes on any question the chairman of the meeting shall have a second or casting vote. (11) Subject to this Act and the regulations the Authority may regulate its own proceedings. (12) The members of the Authority shall receive such travelling allowances as are fixed by the Governor in Council. ^"S?.ryan<' 7. (1) Subject to the Public Service Act 1958 there may be No. 6023 s.«. appointed a secretary to the Authority and such other officers and employes as are required for the administration of this Act. (2) For the purposes of this Act the Authority may with the consent of the Minister administering the Department concerned make use of the services of any officer or employe in any Government Department. Declaration 8. (1) The areas of Crown land which have already been national parka, reserved under the Land Act 1958, and which are referred to in No. 6023«. 7. tije Second Schedule to this Act, are hereby declared to be national icheduie. parks under this Act. (2) Any area of land declared by this or any subsequent Act to be a national park may be declared to be subject to such conditions (including responsibility for fire protection) restrictions and reservations as the Governor in Council having regard to recommendations of the Authority thinks fit and prescribes by proclamation published in the Government Gazette and such conditions restrictions and reservations shall have effect accordingly; and the Governor in Council may having regard to any recommendation of the Authority revoke amend or vary any such condition restriction or reservation or impose any new condition restriction or reservation by a subsequent proclamation published in the Government Gazette. 1958. National Parks. No. 6326 771 (3) The Governor in Council may by regulation prescribe classifications of national parks and any proclamation under this section may proclaim land to be a national park of any such classification. (4) Any declaration of any other land as a national park under this Act shall be made by Act of Parliament and not otherwise. 9. (1) Every national park shall subject to this Act be under National the control of the Authority which shall exercise such control g^JuedW subject to the objects of this Act and to any conditions restrictions Author"y- and reservations prescribed by any proclamation under this Act N0-60238-8- in relation to the park. (2) In the exercise and performance of its functions under Power to this Act the Authority in respect of any national park may «uri50oruttyto subject to this Act— SSKSf (a) carry out permanent works for the establishment In national protection (including fire protection) development p"kI" and improvement of the park and (without limiting 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; (b) permit any person or body of persons approved by the Authority to manage or occupy any such accommodation or camping place at such rent charge or fee for such periods and subject to such conditions as the Authority specifies; (c) carry out works of maintenance in the park; (d) subsidize any person or body carrying out any works of permanent improvement or maintenance in the park with the approval of the Authority. (3) The Authority shall not itself undertake any constructional works to be works but shall arrange for any such works, and may arrange contracts for any work of maintenance, to be undertaken by private ^SloW.
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