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National Parks (Amendment) Act 1984

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ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE VICTORIA National Parks (Amendment) Act 1984 No. 10073 An Act to create a new National Park and other new parks, to amend the National Parks Act 1975, the Forests Act 1058 and the Mt. Hotham Alpine Resort Act 1972, to validate certain transfers of land made by the Melbourne and Metropolitan Board of Works, and for other purposes. [Assented to 15 May 1984] 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 say): 1. This Act may be cited as the National Parks (Amendment) Act snort title. 1984. 2. In this Act the National Parks Act 1975 is called the Principal Principal Act NO. Act 8702- Reprinted to No. 9427. Subsequently amended by Nos. 9570,9861,9863. 9902,9921 and 9936. 3. (1) Except as provided in sub-section (2) and sub-section (3) this commencement Act shall come into operation on the day on which it receives the Royal Assent. 259 2 1984 National Parks (Amendment) No. 10073 (2) Section 4 (3) shall come into operation on 1 July 1984. (3) Section 4 (4), (5), (6), (7), (8) and (9) shall come into operation on a day or on the respective days to be fixed by proclamation or by successive proclamations of the Governor in Council published in the Government Gazette. Amendment of 4. (1) Schedule Two to the Principal Act shall be amended by schedules Two items (fl)to (s) of Part A of the Schedule. and Three. (2) Schedule Three to the Pnncipal Act shall be amended by items {a) to (/) of Part B of the Schedule. (3) Schedule Two to the Principal Act shall be amended by item (//) of Part A of the Schedule. (4) Schedule Three to the Principal Act shall be amended by item (k) of Part B of the Schedule. (5) Schedule Three to the Principal Act shall be amended by item (/) of Part B of the Schedule. (6) Schedule Three to the Principal Act shall be amended by item (w) of Part B of the Schedule. (7) Schedule Three to the Principal Act shall be amended by item («) of Part B of the Schedule. (8) Schedule Three to the Principal Act shall be amended by item (0) of Part B of the Schedule. (9) Schedule Three to the Principal Act shall be amended by item (p) of Part B of the Schedule. (10) Any land described in part 28 or part 32 of Schedule Two, or part 1, part 14 or part 27 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 as amended by those sub-sections shall, upon that commencement, become and be deemed to be unalienated Crown land. (11) Any land described in part 26 of Schedule Two to the Principal Act as in force immediately before the commencement of sub-section (1) and not described in part 26 of that Schedule as amended by that sub-section shall, upon that commencement, become and be deemed to be reserved forest. (12) The lands delineated and coloured yellow in the plans referred to in item (h) of Part A of the Schedule and items (c), (d), (/), (k), (I) and (m) of Part B of the Schedule shall, upon the respective days upon which Schedule Two or Schedule Three, as 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 260 1984 National Parks {Amendment) No. 10073 3 and incidental to any past dedication or supposed dedication or by any past user or by any fiction of the law shall cease and determine. (13) The lands delineated by a green border on the plans referred to in item (h) of Part A of the Schedule and items (k), (I), (m), (n) and (o) of Part B of the Schedule shall, upon the respective days upon which Schedule Two or Schedule Three, as the case may be, to the Principal Act is amended by those respective items, cease to be reserved forest. 5. In section 19 (4) of the Principal Act— • Amendment of No. 8702 s. 19(4). (a) after the word "acquired" (where first occurring) there shall be inserted the expression "(or possession of land has been taken under a contract for the purchase of land)"; (b) after the word "park" there shall be inserted the expression "or any purpose mentioned in section 5(2) of that Act"; and (c) after the word "acquired" (where secondly occurring) there shall be inserted the words "or possession of it was taken". 6. In section 21 A of the Principal Act, after paragraph (b) there shall Amendment of be inserted the following paragraph: No. 8702, s. 21 A. "(ba) the Minister enters into an agreement under section 19c for management of any land by the Director;". 7. In section 32 of the Principal Act, after the words "Loch Ard Amendment of Public Cemetery and" there shall be inserted the words "the Cape ° Otway Public Cemetery and in relation to each of them". 8. (1) In section 32D (1) of the Principal Act, for all the words and Amendment of expressions following the words "area or areas in" there shall be substituted the following words and expressions: "(a) the parks described in parts 2, 10 and 23 of Schedule Three in which fossicking will be permitted; (b) the parks described in part 31 of Schedule Two in which fossicking for gemstones will be permitted; (c) the tidal zones of the park described in Part I of Schedule Three in which fossicking for gemstones will be permitted; and (d) the parks described in parts 23A and 24A of Schedule Three in which fossicking or prospecting will be permitted.". (2) For sub-sections (2) and (3) of section 32D of the Principal Act, there shall be substituted the following sub-sections: "(2) Upon the designation of an area pursuant to sub-section (1), the Director may— (a) grant a permit by writing under his hand to any person or persons named therein; or 261 4 1984 National Parks {Amendment) No. 10073" (b) by notice published in the Government Gazette authorize any class or classes of persons— to fossick or prospect or fossick and prospect (as the case may be) in that area. (3) Any permission or authorization given under sub-section (2) shall be subject to any restrictions and conditions which the Director may determine.". Amendment of 9. After section 41 of the Principal Act, there shall be inserted the No. 8702. s. 41 A inserted. following section: Land included in "41A. Notwithstanding anything to the contrary in any other Act a park no longer reserved or or enactment, upon any land becoming, or becoming included in, a affected by proclamation or park pursuant to this Act (whether before or after the commencement Order under of this section) all Orders and proclamations under the Land Act 1958 Land Act 1958 or Crown Land or under the Crown Land (Reserves) Act 1978 reserving or affecting the (Reserves) Act land shall be deemed thereupon to be or to have been (as the case may 1978. be) revoked insofar as they affect such land.". Amendment of 10. In the Principal Act— No. 8702. Various penalties. (a) in section 42, for the expression "$100" there shall substituted the expression "5 penalty units"; (b) in section 43, for the expression "$500" there shall be substituted the expression "10 penalty units"; (c) in section 44 (1), for the expression "$250" there shall be substituted the expression "5 penalty units"; (d) in section 44 (2), for the expression "$500" there shall be substituted the expression "10 penalty units"; (e) in section 45 (1), for the expression "$250 or imprisonment for three months" there shall be substituted the expression "10 penalty units or imprisonment for six months"; (/) in section 45 (2), for the expression "$100" there shall be substituted the expression "5 penalty units"; {g) in section 45 (3), for the expression "$200" there shall be substituted the expression "5 penalty units"; (h) in section 45 (4), for the expression "$100" there shall be substituted the expression "5 penalty units"; and (/') in section 48 (1) (r) for the expression "$100" there shall be substituted the expression "5 penalty units".. Amendment of 11. In section 47 of the Principal Act, after the words "the No. 8702 s. 47. regulations" there shall be inserted the words "or any other Act". Amendment of 12. After section 47A of the Principal Act, there shall be inserted No. 8702. Ss. 47B ,,,.,. and47c inserted, the following Sections: 262 1984 National Parks (Amendment) No. 10073 5 "47B. A person who commits an offence against this Act for which General penalty no penalty is expressly imposed shall be liable to a penalty of not more prov,slon than 2 penalty units. 47c. (1) If it is reported to the Director that a person is alleged to Expiation of have committed an offence to which this section applies, the Director by payment of may, if he sees fit, give written notice to the person that such a report fee has been made and that upon payment to the Minister of the fee stated in the notice (which fee shall not be more than twenty dollars) the person may expiate the alleged offence.
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