(Amendment) Act 1988 No
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National Parks (Amendment) Act 1988 No. 24 of 1988 TABLE OF PROVISIONS Section 1. Purpose. 2. Commencement. 3. Principal Act. 4. Insertion of new section 32AC. 32AC. Proctection of rights of access officeholders in Croajingolong National Park and Snowy River National Park. 5. Amendment of Schedule Two to the Principal Act 6. Repeal of Part 15 of Schedule Three. 7. Cessation of rights over land delineated in Schedule. 8. Amendment of the National Parks (Amendment) Act I9il. 253 Victoria No. 24 of 1988 National Parks (Amendment) Act 1988 [Assented to 17 May 1988] The Parliament of Victoria enacts as follows: Purpose. 1. The purpose of this Act is to establish national parks in East Gippsland. Commencement. 2. This Act comes into operation on a day or days to be proclaimed. Principal Act. 3. In this Act the National Parks Act 1975 is called the Principal NosToa. ^ ReprimsdtoNo. Act 9938. SubMquantly amended by Nos. 1^73,10186. 44/1988.7/1987, B/1987,41/1987 •ndQ.Q. 16/12/87 p. 3459. 255 National Parks (Amendment) No. 24 of 1988 Insertion of new section 32AC. 4. After section 32AB of the Principal Act insert— Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park. "32AC. (1) If a person holds a fee simple in land abutting or surrounded by land described in Parts 28 and 29 of Schedule Two the Minister may grant to that person a reasonable right of access to his or her land which will in the Minister's opinion allow that person to use his or her land. (2) For the purpose of allowing a person to have access to his or her land the Minister may exempt that person from any regulation affecting the land described in Parts 28 and 29 or that right of access.". Amendment of Schedule Two to the Principal Act. 5. In Schedule Two to the Principal Act— (a) for Part 1 substitute— "Part 1—Alfred National Park All those pieces or parcels of land containing 3050 ha, more or less, situate in the Parishes of Karlo and Kooragan, County of Croajingolong, being the land delineated and bordered red or green, or coloured yellow excepting from them the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of I>roperty and Services and numbered NP 90."; and (b) for Part 12 substitute— "Part 12~Lind National Park All those pieces or parcels of land containing 1365 ha, more or less, situate in the Parishes of Nungal and Winyar, County of Croajingolong, being the land bordered red or green excepting from them the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Property and Services and numbered NP 91."; and (c) for Part 28 substitute— "Part 28—Croajingolong National Park All those pieces or parcels of land containing 875 km^, more or less, situate in Uie townships of Gipsy Point, Tamboon and Tamboon South and <iituate in the Parishes of Baawang, Barga, Bemm, Betka, Bralak, Brindat, E>emdang, Gabo, Mallacoota, Maramingo, Tamboon, Thurra, Wau Wauka, Wau Wauka West, Wingan and Wooyoot, Coimty of Croajingolong, being the land delineated and bordered red, excepting from them the roads shown as excluded also excepting from them land bordered blue in a plan prepared 256 No. 24 of 1988 National Parks (Amendment) by the Surveyor-General lodged in the Central Plan Office of the Department of Property and Services and nimibered NP 30/3."; and {d) for Part 29 substitute— "Part 29—Snowy River National Park All those pieces or parcels of land containing 954 km*, more or less, situate in the Parishes of Bonang, Buchan, Bullamalk, Chilpin, Deddick, Detarka, Gelantipy East, Loongelaat, Moonkan, Murrindal East, Tingaringy, Tubbut, and Wat Wat, Counties of Croajingolong and Tambo, being the land delineated and bordered red or green, or coloured yellow excepting from them the roads shown as excluded also excepting from them the land bordered in blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Property and Services and numbered NP 31/2."; and ie) for Part 30 substitute— "Part 30—Cobberas-Tingaringy National Park All those pieces or parcels of land containing 1166 km*, more or less, situate in the Counties of Benambra, Croajingolong and Tambo, being the land delineated and bordered red and green, excepting from them the roads shown as excluded also excepting from them the land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Property and Services and numbered NP 32/3. E>espite the declaration of this land as a park the following activities may be carried on subject to section 25B of the Act and the following conditions: During the period ending 31 December 1988, once-only logging in the areas indicated on the Map A accompanying the Final Recommendations of the Land Conservation Council for the Alpine area, June 1979 in accordance with the principles and subject to the requirements provided for in the Final Recommendations of the Council."; and (/) after Part 34 insert— "Part 35—Coopracambra National Park All those pieces or parcels of land containing 351 km* more or less, situate in the Parishes of Cooaggalah, Demdang, Koola, Kowat, Loomat and Wangarabell, County of Croajingolong, being the land delineated and bordered red or green, or coloured yellow excepting from them the roads shown as excluded also excepting from them the land bordered blue in a plan prepared by the Surveyor-General lodged in the Central Plan Office of the Department of Property and Services and numbered NP 43/1."; and (g) at the end of Schedule Two insert— "Part 36—Errinundra National Park 48551/88—9 257 National Parks (Amendment) No. 24 of 1988 All those pieces or parcels of land containing 251 km^ more or less, situate in the Parishes of Bendock, Bidwell, Cobon, Dellicknora, Errinundra, Goongerah and Noonga, being the land delineated and bordered red or green, excepting from them the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan OflBce of the Department of Property and Services and numbered NP 92.". Repeal of Part 15 of Schedule Three. 6. In Schedule Three to the Principal Act, Part 15 is repealed. Cessation of rights over land delineated in Schedule. 7. (1) The lands delineated and coloured yellow in the plans referred to in Parts 1, 29 and 35 of Schedule Two to the Principal Act as amended by tiiis Act cease to be roads or parts of roads and all rights, easements and privileges existing or claimed either by the public or any other body and incidental to any past dedication or supposed dedication or by any past user or by any fiction of law cease. (2) The lands delineated by a green border in the plans referred to in Parts 1, 12, 29, 35 and 36 of Schedule Two to the Principal Act as amended by this Act cease to be reserved forest. Amendment of the National Parks (Amendment) Act 1981. 8. In item (k) of the Schedule to the National Parks (Amendment) Act 1981— (a) for "1450 square kilometres" substitute "1546 square kilometres"; and {b) for "N.P.32/1" substitute "N.P.32/4". NOTES 1. Minister's second reading speech— Legislative Assembly: 31 March 1988 Legislative Council: 7 May 1988 2. The long title for the Bill for this Act was "A Bill to amend the National Parks Act 1975 and for other purposes.". 258 .