19 7 0 841 VICTORIA. ANNO UNDEVICESIMO ELIZABETHS SECUNDy^ REGINS No. 8083. An Act to re-enact and amend the Law relating to National Parks and for other purposes. [22nd December, 1970.] D E 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. (1) This Act may be cited as the National Parks Act 1970. short utie. (2) This Act shall come into operation on the commencement commence- of the State Development Act 1970. ""' 2. In this Act unless inconsistent with the context or subject-matter— " Director " means the Director of National Parks appointed "Director." under the State Development Act 1970 ; " National Park " or " Park " means— -National Park" or (a) any park referred to in the Schedule ; and "P"''" (b) any area declared to be a national park by any Act. "Public authority" includes— -Pubiic authority.'' (a) any Government Department ; (b) the 842 1970. National Parks. No. 8083 (Jb) the Victorian Railways Commissioners, State Rivers and Water Supply Commission, the Country Roads Board, the Forests Commission, the State Electricity Commission of Victoria, the Melbourne and Metropolitan Board of Works, the Geelong Waterworks and Sewerage Trust, any waterworks trust or any local governing body within the meaning of the Water Act 1958, the council of any municipality and any other body of persons corporate or unincorporate declared by the Governor in Council to be a public authority for the purposes of this Act. * Prescribed." " Prescribed " means prescribed by this Act or the regulations. Objects of 3. The objects of this Act are— Act. No. 6326 s. 4. {a) to provide for the control of national parks ; ib) to protect and preserve indigenous plant and animal wild life and features of special scenic scientific or historical interest in national parks ; (c) to maintain the existing environment of national parks ; and {d) to provide for the education and enjoyment of visitors to national parks and to encourage and control such visitors. National parks 4. (I) Any national park or part of any national park may be may be subject to such declared to be subject to such conditions restrictions and reservations conditions and restrictions, &c., as to use and such directions as to responsibility for fire protection as Governor in Council as the Governor in Council having regard to recommendations of prescribes. the Director of National Parks thinks fit and prescribes by No. 6326 s. 8. proclamation published in the Government Gazette and such conditions restrictions reservations and directions shall have effect accordingly ; and the Governor in Council may having regard to any recommendation of the Director of National Parks revoke amend or vary any such condition restriction reservation or direction or impose any new condition restriction reservation or direction by a subsequent proclamation published in the Government Gazette. (2) The Governor in Council may by regulation prescribe classifications of national parks and may by proclamation published in the Government Gazette declare that any national park or any part thereof is of any such classification or that parts thereof are of different classifications. (3) Any declaration of any land as a national park shall be made by Act of Parliament and not otherwise. (4) Any 1970. National Parks. No. 8083 843 (4) Any reference in any Order in Council proclamation notice Redefinition of or othe.(_•r instrumen. t. or documenJ t. or i. n any provisio.. n of. any AcA. t wiison-boundaries s of to the shore N™^nai°p'ark (a) of Bass Strait or of Corner Inlet or of Shallow Inlet for National Par" the purpose of or in connexion with the definition or description of the boundaries of Wilson's Promontory National Park ; (b) of Lake Reeve or of Lake Victoria for the purpose of or in connexion with the definition or description of the boundaries of the Lakes National Park— shall be deemed and taken to be a reference to th.at shore at low water mark. 5. (1) The Minister with the consent of the Governor in Council PQ*" to^^^^ may purchase by agreement for and on behalf of Her Majesty any For"iiSonfi" land which he considers suitable for a national park or any No.'^ne s. 8*. easement right or privilege in or over land which he considers necessary or desirable for providing access to or developing improving or protecting any national park. (2) For the purpose of enabling any alienated land (including Resumption any land vested in trustees or in any public authority or i^d fo™ ° municipality) to be reserved under the Land Act 1958 as a site national park. for a national park, such land may subject to sub-section (3) of this section be resumed by the Crown. (3) Land shall not be resumed pursuant to sub-section (2) of this section unless it is— (a) wholly surrounded by a national park ; {b) required for an access road to a national park ; or (c) set aside for a national park by a planning scheme approved by the Governor in Council under the Town and Country Planning Act 1961. (4) The purpose mentioned in sub-section (2) of this section shall be deemed to be a purpose referred to in sub-section (1) of section 331 of the Land Act 1958 and the provisions of Part VII. of that Act shall extend and apply to and with respect to such land and the resumption thereof accordingly. (5) Any land so purchased or resumed shall upon the surrender thereof to Her Majesty or the resumption thereof be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Land Act 1958 as a site for a national park. (6) The purchase money or compensation for any land purchased or resumed pursuant to this section shall be paid out of any moneys in the National Parks Fund. 6. The 844 1970. National Parks. No. 8083 Power to 6. The Minister may— Minister to accept gifts and administer («) accept a gift devise or bequest of any real or personal property. property ; and No. 6326 s. 8B. {b) act as executor or administrator of any estate or as trustee, of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act. National paries to be 7. (1) Every national park shall subject to this Act be under controlled by Minister. the control of the Minister who shall exercise such control subject No. 6326 to the objects of this Act and to any conditions restrictions and s. 9. reservations prescribed by any proclamation under this Act in relation to the park. Power to (2) For the purposes of this Act the Minister may— Minister to carry out (a) carry out permanent works for the establishment permanent works and protection (including fire protection) development maintenance in national and improvement of the park and (without limiting paries. the generality of the foregoing) may erect buildings for the accommodation or convenience of the public, set apart and establish camping places, provide conveniences amenities and attractions and provide roads and tracks in or into the park ; {h) grant to any person or body of persons a tenancy of or a permit to manage or occupy any building camping place convenience amenity or attraction so erected set apart or provided or any other building convenience or facility in the park at such rent charge or fee for such periods not exceeding seven years and subject to such reasonable conditions as the Minister determines ; (c) carry out works of maintenance in the park ; ((f) subsidize any person or body carrying out any works of permanent improvement or maintenance in the park with the approval of the Minister ; (e) with the consent of the Minister of Lands and the Minister of Public Works carry out permanent works for the protection of any foreshore outside the park but adjacent to its boundaries and provide jetties and launching places and landing places on or in any foreshore or waters in the park or outside but adjacent to its boundaries. (3) The Minister may arrange for any constructional works or works of maintenance to be undertaken by private contractors or by any public authority to be paid for out of the National Parks Fund. (4) Subject 1970. National Parks. No. 8083 845 (4) Subject to this Act the Director with the consent of the Power to Minister may grant to any person or body of persons a permit to Ac^'onand. occupy or a lease of not more than three acres of land in any national park to be used only for a purpose authorized by the Governor in Council either generally or in any particular case for a term not exceeding three years subject to such covenants terms and conditions and the payment of such rent fees and charges as the Director thinks fit. (5) Subject to this Act the Governor in Council may— (fl) grant to any person or body of persons a permit to occupy or a lease of not more than three acres of land in any national park to be used only for the purpose of a kiosk cafe or store or of scientific research or a purpose authorized by the Governor in Council for a term not exceeding thirty-three years subject to such covenants terms and conditions and to the payment of such rent fees and charges as the Governor in Council thinks fit ; {b) grant to any person or body of persons a lease of an area of land in any national park for a term not exceeding seventy-five years for the purpose of the erection thereon by the lessee of a building costing not less than $200,000 subject to such covenants terms and conditions and to the payment of such rent fees and charges as the Governor in Council thinks fit : Provided that the Governor in Council shall not grant a lease for a term exceeding seven years unless at least one month previously there has been published in a newspaper circulating in the municipal district in which the park is situated and in a daily newspaper published in Melbourne and in four consecutive issues of the Government Gazette a notice setting out the name of the park the location of the land and the purpose and term for which the lease is proposed to be granted.