ANNO TRICESIMO TERTIO ELIZABETHAE SECUNDAE REGINAE 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 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:

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"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. (2) Where a person receives a notice under sub-section (1) and pays to the Minister the fee stated in the notice, no proceeding may be brought in any court for the prosecution of the person for the alleged offence stated in the notice or for the recovery of a penalty in respect of that offence. (3) This section applies to any offence against this Act or the regulations which is prescribed by the regulations to be an offence to which this section applies.".

13. (1) The Heading to Part VII. and sections 49 to 54 of the Amendment of Principal Act shall be repealed. Pan VII repealed and s.l(3) (2) In section 1 (3) of the Principal Act, in the Table of Parts and amended- Divisions— (a) for the expression "Part IV.—General ss. 33—41" there shall be substituted the expression "Part IV.—General ss. 33—41 A"; and (b) the expression "Part VII.—Transitional Provisions and Consequential Amendments ss. 49—55" shall be repealed.

14. (1) Any land described in Part C of the Schedule and which validation of was, before the commencement of this section, surrendered and m"n$fer"ftond transferred to Her Majesty by the Melbourne and Metropolitan Board wammdyte^ik. of Works shall be deemed to have been validly so surrendered and transferred. (2) The Melbourne and Metropolitan Board of Works is hereby authorized and empowered to surrender and transfer to Her Majesty any land described in Part C of the Schedule which on the commencement of this section is held by the Board.

15. In section 62 (1 A) (b) of the Forests Act 1958, for the expression Amendment of "pursuant to an agreement under section 19A" there shall be substituted o *')<*). *" the expression "by the Director of National Parks pursuant to an agreement under section 19A or 19c".

16. The Mt. Hotham Alpine Resort Act 1972 shall be amended as ^c"d™entof _ ., No. 8260. follows:

263 1984 National Parks (Amendment) No. 10073 (a) In section 2, in the interpretation of "Resort area", after the word "Schedule" there shall be inserted the words "or otherwise described in the Schedule"; (b) In section 4, after the word "Schedule" there shall be inserted the words "or otherwise described in the Schedule"; and (c) For the Schedule there shall be substituted the Schedule in Part D of the Schedule to this Act.

SCHEDULE

PART A Amendments to Schedule Two to the Principal Act: (a) For Part 6 there shall be substituted the following Part: "Part 6—FERN TREE GULLY NATIONAL PARK r»ll those pieces or parcels of land containing 469 hectares, more or less, situate in the Parish of Scoresby, , being the land delineated and bordered red in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 4/3." (b) For Part 10 there shall be substituted the following Part: "Part 10—KINGLAKE NATIONAL PARK All those pieces or parcels of land containing 11 390 hectares, more or less, situate in the Parishes of Billian, Burgoyne, Kinglake, Linton, Queenstown and Tarrawarra North, Counties of Anglesey and Evelyn, being the land delineated and bordered red, excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in plans lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 8/4 and N.P. 8A/1." (c) For Part 11 there shall be substituted the following Part:

"Part 11—THE LAKES NATIONAL PARK All those pieces or parcels of land containing 2390 hectares, more or less, situate in the Parish of Boole Poole, , being the land delineated and bordered red in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 27/1." (d) For Part 26 there shall be substituted the following Part: "Part 26—BURROWA-PINE MOUNTAIN NATIONAL PARK All those pieces or parcels of land containing 176 square kilometres, more or less, situate in the Parishes of Cudgewa, Jemba, Jinjellic, , Wabba and Walwa , being the land delineated and bordered red in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 24/1." (e) For Part 28 there shall be substituted the following Part:

"Part 28—CROAJINGOLONG NATIONAL PARK All those pieces or parcels of land containing 860 square kilometres, more or less, situate in the Townships of Gypsy Point, Tamboon and Tamboon South and the Parishes of Baawang, Barga, Bemm, Betka, Bralak, Brindat, Derndang, Gabo, Mallacoota, Maramingo, Tamboon, Thurra, Wau Wauka, Wau Wauka West, Wingan and Wooyoot, , being the land delineated and bordered red, excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 30/2." 264 1984 National Parks {Amendment) No. 10073

(/) In Part 31, for the expression "31 December 1988" there shall be substituted the expression "30 June 1985". (g) For Part 32 there shall be substituted the following Part: "Part 32—BOGONG NATIONAL PARK All those pieces or parcels of land containing 812 square kilometres more or less, situate in the Counties of Bogong, Dargo and Delatite, being the land delineated and bordered red excepting therefrom the roads shown as excluded in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 58/1, also excepting therefrom any land which is within those pieces or parcels of land and which is deemed by section 4 of the Mt. Hotham Alpine Resort Act 1972 to be permanently reserved for the purposes of that Act. Notwithstanding the declaration of this land as a park the following activities may be carried on subject to section 25B of this Act and the following conditions: During the period ending 31 December 1988, once-only logging in areas indicated on Maps A and D accompanying the Final Recommendations of the Land Conservation Council for the Alpine area, June 1979 and in areas indicated on Map No. N.P. 58A lodged in the Central Plan Office of the Department of Crown Lands and Survey and during the period ending 31 December 1994, once-only logging in the Little Arthur Creek area, being part of the areas indicated on the last-mentioned map in accordance with the principles and subject to the requirements provided for in the Final Recommendations of the Council." (h) After Part 33 there shall be inserted the following Part:' "Part 34—GRAMPIANS NATIONAL PARK AH those pieces or parcels of land containing 1670 square kilometres, more or less, situate in the Counties of Boning, Dundas, Ripon and Villiers, being the land delineated and bordered red or bordered green, excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 61. Notwithstanding the declaration of this land as a park, the following activities may be carried out subject to section 25B of the Act and the following conditions: During the period ending 30 June 1994 as regards areas indicated by diagonal hatching and during the period ending 30 June 1987 as regards areas indicated by cross hatching on Map No. N.P. 61A lodged in the Central Plan Office of the Department of Crown Lands and Survey, timber harvesting may be carried out in accordance with the principles and subject to the requirements provided for in the Final Recommendations of the Land Conservation Council for the South-Western Area, District 2."

PARTB Amendments to Schedule Three to the Principal Act: (a) For Part 1 there shall be substituted the following Part: "Part 1—CAPE SCHANCK PARK All those pieces or parcels of land containing 1080 hectares, more or less, situate in the Parishes of Fingal, Flinders and Nepean, County of Momington, being the land delineated and bordered red in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 20/4." (b) For Part 2 there shall be substituted the following Part: "Part 2—WARRANDYTE PARK All those pieces or parcels of land containing 432 hectares, more or less, situate in the Townships of Warrandyte and Warrandyte North and the Parishes of Warrandyte and Nillumbik, County of Evelyn, being the land

265 1984 National Parks (Amendment) No. 10073

delineated and bordered red in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 21/3." . (c) For Part 6 there shall be substituted the following Part: "Part 6—MOUNT WORTH PARK All those pieces or parcels of land containing 1040 hectares, more or less, situate in the Parishes of Allambee, Allambee East, and Warragul, , being the land delineated and bordered red or coloured yellow excepting therefrom the Allambee Estate road in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 35/2."

(d) For Part 7 there shall be substituted the following Part:

"Part 7—NEPEAN PARK All those pieces or parcels of land containing 1151 hectares, more or less, situate in the Parishes of Fingal, Kangerong and Wannaeue, County of Mornington, being the land delineated and bordered red or coloured yellow in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 36/2."

(e) For Part 13 there shall be substituted the following Part:

"Part 13—CATHEDRAL RANGE PARK All those pieces or parcels of land containing 3577 hectares, more or less, situate in the Parishes of Taggerty and Torbreck, County of Anglesey, being the land delineated and bordered red excepting therefrom the roads shown as excluded also excepting therefrom Igpd bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 41/1." (/) For Part 14 there shall be substituted the following Part:

"Part 14—CHILTERN PARK All those pieces or parcels of land containing 4255 hectares more or less, situate in the Parishes of Barnawartha South, Chiltern, Chiltern West and Wooragee North, , being the land delineated and bordered red or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 42/1. Notwithstanding the declaration of this land as a park the following activities may be carried on subject to section 25B of this Act and the following conditions: (a) Production of poles, sleepers, fencing materials and associated minor forest produce in the section north of the Hume Highway where this does not conflict with— (i) providing opportunities for informal recreation for the public; (ii) protecting and conserving the natural ecosystems to the extent that this is consistent with (i); (b) In the section south of the Hume Highway, management aimed at restoring the original structure of the box-ironbark forest type in order to enhance wildlife conservation, with removal of any forest produce becoming available as this restoration is effected." (g) For Part 18 there shall be substituted the following Part:

"Part 18—GIPPSLAND LAKES PARK All those pieces or parcels of land containing 165 square kilometres more

266 1984 National Parks {Amendment) No. 10073

or less, situate in the Township of Seacombe and the Parishes of Boole Poole, Booran, Colquhoun, Dulungalong, Giffard, Seacombe and Wulla Wullock, Counties of Buln Buln and Tanjil, being the land delineated and bordered red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in plans lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 46A/2 N.P. 46B/1 and N.P. 46C/2." (h) For Part 21 there shall be substituted the following Part:

"Part 21—MURRAY-KULKYNE PARK All those pieces or parcels of land containing 1550 hectares, more or less, situate in the Parishes of Brockie, Cantala, Colignan and Kulkyne, , being the land delineated and stippled grey in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 50/1." (;') For Part 23 there shall be substituted the following Part:

"Part 23—STEIGLITZ PARK All those pieces or parcels of land containing 670 hectares, more or less, situate in the Township of Steiglitz and the Parish of Durdidwarrah, County of Grant, being the land delineated and bordered red excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 52/2." (J) For Part 27 there shall be substituted the following Part:

"Part 27—LYSTERFIELD PARK All those pieces or parcels of land containing 1151 hectares, more or less, situate in the Parish of Narree Worran, County of Mornington and being the land delineated and bordered red excepting therefrom the road shown as excluded in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 60/1." (k) After Part 23 there shall be added the following part:

"Part 23A.—KARA KARA PARK All those pieces or parcels of land containing 3840 hectares, more or less, situate in the Parishes of Barkly, Boola Boloke and Redbank, , being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 63." (/) After Part 24 there shall be added the following Part:

"Part 24A.—KOOYOORA PARK All those pieces or parcels of land containing 3520 hectares, more or less, situate in the Township of Kooyoora, and the Parishes of Brenanah, Glenalbyn, Kangderaar and Kingower, , being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 64." (m) After Part 25 there shall be added the following Part:

"Part 25A.—LANGIGHIRAN PARK All those pieces or parcels of land containing 2695 hectares, more or less,

267 10 .1984 National Parks (Amendment) No. 10073

situate in the Parishes of Colvinsby and Warrak, Counties of Boning and Ripon, being the land delineated and bordered red or bordered green or coloured yellow excepting therefrom the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 65." (n) After Part 26 there shall be added the following Part:

"Part 26A.—MOONDARRA PARK All those pieces or parcels of land containing 6292 hectares, more or less, situate in the Parishes of Bundowra, Moondarra, Tanjil and Tanjil East, County of Tanjil, being the land delineated and bordered red or bordered green excepting therefrom the Walhalla Road and Seninis Track and the roads shown as excluded also excepting therefrom land bordered blue or coloured brown in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 66." (o) After Part 27 there shall be added the following Part:

"Part 27A.—TYERS PARK AH those pieces or parcels of land containing 1810 hectares, more or less, situate in the Parish of Tanjil East, County of Tanjil, being the land delineated and bordered red or bordered green, excepting therefrom the road shown as excluded, also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 67." ip) For Part 26A there shall be substituted the following Part: "Part 26A.—MOONDARRA PARK All those pieces or parcels of land containing 6470 hectares, more or less, situate in the Parishes of Bundowra, Moondarra, Tanjil and Tanjil East, . County of Tanjil, being the land delineated and bordered red or bordered green or coloured brown excepting therefrom the Walhalla Road and Seninis Track and the roads shown as excluded also excepting therefrom land bordered blue in a plan lodged in the Central Plan Office of the Department of Crown Lands and Survey and numbered N.P. 66."

PARTC

Land in the Parish of Warrandyte Referred to in Section 14

Subdivision Plan Certificate of Title Lot No. No. Volume/Folio

17842 7408/539 39961 8276/927 1 18878 8248/139 3 (Part) 27149 8397/310 2 (Part) 25553 8397/311 3 18878 7408/546 4 4 (Part) 25553 8379/580 6 24075 8017/087 7 18878 7408/545 8 28 13755 6875/984

268 1984 National Parks {Amendment) No. 10073 11

PART C—continued Land in the Parish of Warrandyte Referred to in Section 14—continued Subdivision Plan Certificate of Title Lot No. No. Volume/Folio 29 13755 5921/079 30 5 24075 7943/140 1 (Part) 27149 8575/752 7 17842 7408/540 2 18878 8099/896 21 17925 8692/568 22 (Part) 17925 8991/874 13 18878 7408/544 12 18878 7408/547 3 54803 8335/010 1 24075 7943/138 2 17842 7408/541 23 (Part) 17925 9077/179 11 18878 1(408/543 3 25553 9108/257 2 54803 8336/009

2 26868 \ 8370/831 I 54803 J 3 17842 7408/538 4 1 17842 7408/542 4 24075 7943/136 2 24075 7943/137 8 24075 8308/534

Description of Reserve 2 Acres 1 Rood 53375 8377/410 25 Perches being a reserve

Allotment Volume/Folio

Part of Crown Allotment 1 6A and 1 6B, Section 4. 8388/355 Crown Allotment 16, Section 5. 8388/866 Part of Crown Allotment 4, Section 14. 8472/338 Part of Crown Allotments 1, 2 and 3, Section 14. 8484/887 Part of Crown Allotment 17 8869/644 Part of Crown Allotment 1A 8162/222 Crown Allotment 13 6436/143 Part of Crown Allotment 14 8298/151 Allotment 3, Section A 8060/320 Part of Crown Allotment 4, Section A 8203/047

269 1984 National Parks (Amendment) No. 10073

PARTD

SCHEDULE Land, in the counties of Bogong, Dargo, Delatite and Wonnangatta, being the Mt. Hotham Alpine Resort Area, by this Act permanently reserved for the purposes of this Act. MT. HOTHAM ALPINE BEIOUT

1 PABISM OF \MULLAWYE

Land by this Act permanently reserved for the purposes of this Act includes any land (whether or not shown hatched or cross-hatched on the plan) which is— (a) within 20 metres of the boundaries of Crown Allotment 6 or 7, section 2, Parish of Yertoo; (b) within a radius of 10 metres of the water tanks near the top of Mt. Higginbotham; and (c) up to 10 metres west of whichever is the farthest west of— (i) the underground water main running north or south from the said tanks; or (ii) the Mt. Higginbotham Water Tanks Access Track.

270