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National Parks (Wilderness) Act 1992

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National Parks (Wilderness) Act 1992 National Parks (Wilderness) Act 1992 No. 40 of 1992 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Purpose 2. Commencement 3. Principal Act PART 2—WYPERFELD NATIONAL PARK 4. Additions to Wyperfeld National Park PART 3—ALPINE NATIONAL PARK 5. Deer hunting in Alpine National Park PART 4—BIG DESERT WILDERNESS PARK 6. Additions to Big Desert Wilderness Park PART 5—WABBA WILDERNESS PARK 7. New Part 3 inserted in Schedule Two A Part 3—Wabba Wilderness Park PART 6—AVON WILDERNESS PARK 8. Deer hunting in Avon Wilderness Park 9. Area excluded from park PART 7—WILDERNESS ZONES 10. New wilderness zones 11. New sections 22A to 22D inserted 22A—Wilderness zones—General 22B—Navigation lights—Sandpatch and Wilsons Promontory wilderness zones 22c—Continued cattle grazing in some wilderness zones 22D—Deer hunting in some wilderness zones 12. Schedule Five inserted Schedule Five—Wilderness Zones 921140—13 385 PART 8—REMOTE AND NATURAL AREAS 13. Amendment of objects of Principal Act 14. New sections 21 B to 21 D inserted 21B —Remote and natural areas 21c —Protection of remote and natural areas 21 D —Management of remote and natural areas 15. Schedule Six inserted Schedule Six—Remote and Natural areas PART 9—GENERAL 16. Amendment of definitions 17. Petroleum operations in wilderness park and wilderness zones 18. Amendment of Petroleum Act 1958 19. Land ceases to be reserved forest 386 Victoria No. 40 of 1992 National Parks (Wilderness) Act 1992 [Assented to 23 June 1992] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to— (a) amend the National Parks Act 1975 to— (i) establish a new wilderness park, add to an existing one and reduce the area of one wilderness park; (ii) establish wilderness zones within national parks and make further provision for the activities which may take place there; 387 National Parks (Wilderness) Act 1992 s.2 Act No. 40/1992 (iii) provide for other specific areas in national parks requiring special protection; (iv) provide for other matters concerning national parks and wilderness parks; (b) amend the Petroleum Act 1958 concerning petroleum exploration and production operations in wilderness parks and certain areas of national parks. 2. Commencement (1) Parts 1, 3, 7 and 9 come into operation on the day on which this Act receives the Royal Assent. (2) Part 2 comes into operation on a day to be proclaimed. (3) Part 4 comes into operation on a day to be proclaimed. (4) Part 5 comes into operation on a day to be proclaimed. (5) Part 6 comes into operation on a day to be proclaimed. (6) Part 8 comes into operation on a day to be proclaimed. No.8702. 3. Principal Act Reprinted to No.52/1988. Subsequently 3. In this Act the National Parks Act 1975 is called the amended by Nos 12/1989, Principal Act. 37/1989, 38/1989, 39/1S89, 44/1989, PART 2—WYPERFELD NATIONAL PARK 81/1989, 43/1990, 92/1990 and 2/1991 4. Additions to Wyperfeld National Park In Part 25 of Schedule Two of the Principal Act — (a) for "3237 square kilometres" substitute "3568 square kilometres"; (b) omit "or coloured yellow"; (c) for "N.P. 19/2" substitute "N.P. 19/3". 388 National Parks (Wilderness) Act 1992 Act No. 40/1992 s.5 PART 3—ALPINE NATIONAL PARK 5. Deer hunting in Alpine National Park (1) In section 37 (7) of the Principal Act— (a) for "A6" substitute "A6/A6A"; (b) after "dark shading" insert "or vertical hatching,". (2) In section 37 (8) of the Principal Act— (a) after "dark shading" insert "or vertical hatching"; (b) for "A6," substitute "A6/A6A,"; (c) after "A7," insert "A7A,"; (d) after "A 13" insert "and A1 3A"; (e) for "A 14 and shown by light hatching" substitute "A14 and shown by light shading"; (/) before "A21" insert "marked". PART 4—BIG DESERT WILDERNESS PARK 6. Additions to Big Desert Wilderness Park In Part 1 of Schedule Two A of the Principal Act— (a) for "1135 square kilometres" substitute "1423 square kilometres"; (b) for "stippled grey" substitute "shown by diagonal hatching"; (c) for "N.P.39" substitute "N.P.39/1". PART 5—WABBA WILDERNESS PARK 7. New Part 3 inserted in Schedule Two A After Part 2 of Schedule Two A of the Principal Act insert— "PART 3—WABBA WILDERNESS PARK All those pieces or parcels of land, containing 201 square kilometres more or less, situate in the County of Benambra, being the land shown by diagonal hatching 389 National Parks (Wilderness) Act 1992 8 Act No. 40/1992 and delineated and bordered red or bordered green on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.99." PART 6—AVON WILDERNESS PARK 8. Deer hunting in Avon Wilderness Park The Principal Act is amended as follows: (a) after section 17c (2) (/) insert— "or (g) deer hunting by stalking or the carrying of firearms or other weapons for that purpose, in the wilderness park referred to in Part 2 of Schedule Two A, if carried out in accordance with an authority or permit under section 37."; (b) in section 37 (3) after "Schedule Two and" insert "Part 2 of Schedule Two A and"; (c) in section 37 (6) after "Schedule Two and" insert "Part 2 of Schedule Two A and". 9. Area excluded from park In Part 2 of Schedule Two A of the Principal Act— (a) for "40, 000 hectares" substitute "39, 650 hectares"; (b) for "N.P.74" substitute "N.P.74/1". PART 7—WILDERNESS ZONES 10. New wilderness zones (1) After section 22 (4) of the Principal Act insert— "(4A) The Minister, by notice published in the Government Gazette, may in respect of each Part of Schedule Five appoint a day on which the land described in that Part becomes a wilderness -zone for the purposes of this Act. 390 National Parks (Wilderness) Act 1992 Act No. 40/1992 s. 11 (4B) Sub-section (4A) does not aflFect or Umit the Governor in Council's power to declare land to be a wilderness zone. (4c) The Minister must not appoint a day on which the land in Part 7 of Schedule Five becomes a wilderness zone that is earlier than the date of commencement of Part 2 of the National Parks (Wilderness) Act 1992.". (2) In section 22 of the Principal Act— (a) in sub-section (4) after "If land" insert "has become a wilderness zone under sub-section (4A) or"; (b) in sub-section (6) after "wilderness zone" (where first occurring) insert "under sub-section (4A) or (5)". 11. New sections 22A to 22D inserted After section 22 of the Principal Act insert— "22A. Wilderness zones—General Sections 22B to 22D apply despite anything to the contrary in section 22 of this Act or any provision applied by that section. 22B. Navigation lights—Sandpatch and Wilsons Promontory wilderness zones (1) The Director may, subject to and in accordance with this Act, construct or permit the construction of a navigation light at Little Rame Head in the wilderness zone referred to in Part 18 of Schedule Five. (2) The Director may, subject to and in accordance with this Act, maintain or permit the maintenance of— (a) any navigation light constructed under sub-section (1); and 391 National Parks (Wilderness) Act 1992 s. 12 Act No. 40/1992 (b) the navigation light at Wingan Point in the wilderness zone referred to in Part 18 of Schedule Five; and (c) the navigation light at Lighthouse Point in the wilderness zone referred to in Part 20 of Schedule Five. (3) Section 17c (3) applies to the construction and maintenance of these navigation lights as if they were essential management activities permitted under section 17c (2). 22c. Continued cattle grazing in some wilderness zones Section 17c (1) does not apply to cattle grazing in accordance with licences issued under section 32AD (1) in respect of any areas in the wilderness zones referred to in Parts 8,9, 11, 12 and 13 of Schedule Five. 22D. Deer hunting in some wilderness zones (1) Section 17c (1) does not apply to deer hunting by stalking and the carrying and use of firearms or other weapons for that purpose, in accordance with a permit or authority under section 37, in the wilderness zones referred to in Parts 8 and 9 of Schedule Five. (2) The Director must keep under review the extent to which deer hunting allowed in these wilderness zones by permit or authority under section 37 may interfere or conflict with other activities permitted there and may, having regard to the results of the review, take any appropriate action permitted by this Act." 12. Schedule Five inserted After Schedule Four of the Principal Act insert— 392 National Parks (Wilderness) Act 1992 Act No. 40/1992 s. 12 "SCHEDULE FIVE section 22. Section 22 WILDERNESS ZONES PART 1—SUNSET WILDERNESS ZONE All those pieces or parcels of land, containing 1269 square kilometres more or less, situate in the Murray-Sunset National Park, being the land shown by diagonal hatching and delineated on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.1 PART 2—MINOOK WILDERNESS ZONE All those pieces or parcels of land, containing 387 square kilometres more or less, situate in the Murray-Sunset National Park, being the land shown by diagonal hatching and delineated on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.2 PART 3—GALPUNGA WILDERNESS ZONE All those pieces or parcels of land, containing 357 square kilometres more or less, situate in the Murray-Sunset National Park, being the land shown by diagonal hatching and delineated on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.3 PART 4—MOUNT COWRA WILDERNESS ZONE All those pieces or parcels of land, containing 235 square kilometres more or less, situate in the Murray-Sunset National Park, being the land shown by diagonal hatching and delineated on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.4 393 National Parks (Wilderness) Act 1992 s.
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