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A BILL for an Act to Create New National Parks, to Amend the National Parks Act 1975 and the Mt

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A BILL for an Act to Create New National Parks, to Amend the National Parks Act 1975 and the Mt LEGISLATIVE ASSEMBLY Read 10 9 April 1981 (Brought from the Legislative Council) A BILL for An Act to create new National Parks, to amend the National Parks Act 1975 and the Mt. Hotham Alpine Resort Act 1972 and for other purposes. BE 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 5 say): 1. (1) This Act may be cited as the National Parks (Amendment) Short title. Act 1981. (2) In this Act the National Parks Act 1975 is called the Principal Act No. 8702. Principal Act. Amended by Nos. 9114, 9212, 9247 and 9427. 10 2. (1) Except as provided in the following sub-sections this Act CoIlllllOJlCOo shall come into operation on the day on which it receives the Royal men&. Assent. (2) Section 3 (3) shall come into operation on 1 July 1981. (3) Section 3 (4) and (5) shall come into operation on a day 15 or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. (4) Section 3 (6) and sections 7 and 13 shall come into operation on 1 October 1981. 5-[360]-850/10.4.1981-26660/80 (921) (5) Section 2 1981 National Parks (Amendment) No. (5) Section 3 (7) shall come into operation on 1 July 1982. (6) Section 3 (8) shall be deemed to have come into operation on 25 April 1980. Amendment of No. 8702- 3. (l) Schedule Two to the Principal Act shall be amended Scbedulea by items (a), (b), (c), (d), (e), (f), (h) and (i) of Part A of the 5 Two and Three. Schedule. (2) Schedule Three to the Principal Act shall be amended by the items (other than items (g) and (k» of Part B of the Schedule. (3) Schedule Two to the Principal Act shall be amended by items (g) and (I) of Part A of the Schedule. 10 (4) Schedule Two to the Principal Act shall be amended by item (j) of Part A of the Schedule. (5) Schedule Two to the Principal Act shall be amended by item (k) of Part A of the Schedule. (6) Schedule Two to the Principal Act shall be amended by 15 item (m) of Part A of the Schedule. (7) Schedule Two to the Principal Act shall be amended by item (n) of Part A of the Schedule and Schedule Three to the Principal Act shall be amended by item (k) of Part B of the Schedule. (8) Schedule Three to the Principal Act shall be amended by 20 item (g) of Part B of the Schedule. (9) Any land described in part 2 of Schedule Two or part 2, part 8 or part 16 of Schedule Three to the Principal Act as in force immediately before the commencement of sub-sections (1) and (2) and not described in the corresponding parts of those Schedules 25 as amended by those sub-sections shall, upon that commencement, become and be deemed to be unalienated Crown land. (10) Any land in the Parish of Kentbruck described in part 14 of Schedule Two to the Principal Act as in force immediately before the commencement of sub-section (l) and not described in 30 part 14 of that Schedule as amended by that sub-section shall, upon that commencement, become and be deemed to be reserved forest. (11) If the title to the land shown hatched on the plan in Part D of the Schedule is not surrendered to Her Majesty before 1 35 October 1981- (a) that land shall be deemed to be excluded from the land described in part 32 of Schedule Two to the Principal Act; and (b) any tenancy of that land granted by the Minister under 40 section 32AB of the Principal Act shall not have effect- until the title to that land is surrendered to Her Majesty. (12) The 1981 National Parks .(Amendment) No. 3 (12) The lands delineated and coloured yellow in the plans referred to in items (g), (j), (k) and ( I) of Part A of the Schedule and items (b), (d) and ( I) of Part B of the Schedule shall, upon the respective days upon which Schedule Two or Schedule Three, as 5 the case may be, to the Principal Act is amended by those respective items, cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any body whatsoever or whomsoever and incidental to any past dedication or supposed dedication or by any past user or by any fiction of 10 the law shall cease and determine. (13) The lands delineated by a green border on the plans referred to in items (k), ( I), (m) and (n) of Part A of the Schedule and item (k) of Part B of the Schedule shall, upon the respective days upon which Schedule Two or Schedule Three, as the case 15 may be, to the Principal Act is amended by those respective items, cease to be reserved forest. 4. Section 19 of the Principal Act shall be amended as Amendment of follows: No. 8702 .. 19. (a) In sub-section (2A) for the expression "(2A)" there shall 20 be substituted the expression "(3)"; and (b) At the end of the section there shall be inserted the following sub-section: "(4) Where land has been purchased or acquired under section 5 of the Crown Land (Reserves) Act 1978 25 for the purposes of a park the Minister notwithstanding the provisions of section 5 (7) of that Act- (a) may enter into an agreement for the occupation of the land by the vendor of the land or his nominee subject to such terms and conditions 30 as the Minister thinks fit; (b) may grant a tenancy of or a permit to manage or occupy a building or facility on the land at such rent, charge or fee for such period not exceeding seven years and subject to such 35 terms and conditions as he thinks fit; and (c) may grant a licence in respect of the land for such fees and other charges and for such period not exceeding seven years and subject to such terms and conditions as he thinks fit for any 40 purpose or any purpose of a like nature to a purpose for which the land was being used at the time it was purchased or acquired." 5. After section 19B (4) of the Principal Act there shall be Amendment of . d h t: 11· b . No. 8702 mserte t e 10 owmg su -sectIOn: I. 19B. 45 "(5) Sub,.sections (5), (6), (7) and (8) of section 13 of the Crown Land (Reserves) Act 1978 apply to regulations made under sub-section 4 1981 National Parks (Amendment) No. sub-section (4) of this section as if they had been made under section 13 (1) of the Crown Land (Reserves) Act 1978 and as if the reference in sub-section (8) to officers and servants employed by the committee of management or the trustee of any land was a reference to officers or employees appointed or employed for the 5 purposes of this Act." Amendment of 6. Mter section 19B of the Principal Act there shall be inserted No. 8702, new ... 19c and the following sections: 190. =:ter may "19c. (1) Where any land is vested in or controlled or managed management by a public authority the Minister may enter into an agreement with 10 =:ub~ the public authority for the management of the land by the Director authorities. as if it were part of a park specified in the agreement. (2) Where an agreement is in force under this section for the management of land- (a) the land shall, except as otherwise expressly provided 15 in the agreement, be controlled and managed as if it were part of the park specified in the agreement; (b) sections 9 (2) and (3), 20, 21A, 36, 37, 38, 39, 41, 43, 44, 45, 46, 47 and 48 and the regulations under this Act applying to the park shall have effect in and in respect 20 of the land as if it were part of the park specified in the agreement; and (c) such of sections 19 (2) and (3), 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides shall have effect in and in respect of the land as if it 25 were part of the park specified in the agreement. 19D. The Minister may do any thing which in his opinion is =:ter may agreements with necessary or convenient to ensure the co-operation of the government other States. of the Commonwealth or the government of any other State in carrying out the purposes of this Act including entering into agreements 30 with a Minister of the Crown in right of the Commonwealth or in right of any other State or with any authority constituted under law of the Commonwealth or of any other State for the management by the Director of any land vested in the Crown or in a Minister of the Crown in the right of the Commonwealth or of any other 35 State or in an authority constituted under the law of the Commonwealth or any other State on behalf of that Crown Minister or authority." New section 7. (1) Mter section 32AA of the Principal Act there shall be inserted inserted.
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