LEGISLA TIVE ASSEMBL Y Read 10 8 March 1984 (Broughtfrom the Legislative Council) A BILL for An Act to create a new National Park and other new parks, to amend the National Parks Act 1975, the Forests Act 1958 and the Mt. Hotham Alpine Resort Act 1972, to validate certain transfers ofland made by the Melbourne and Metropolitan Board of Works, and for other purposes. 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 ofthe same as follows (that is to 5 say): 1. This Act may be cited as the National Parks (Amendment) Act ShorttitIe. 1983. 2. In this Act the National Parks Act 1975 is called the Principal Princi"paIActNo. 8702. Act. Reprinted to No. 9427. Subsequently amended by Nos. 9570,9861,9863, 9902, 9921 and 9936. 10 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. 1O-{375]-850/ 14.3.1984-61555/83-(Revision No. 6) (921) 2 1983 National Parks (Amendment) No. (2) Section 4 (3) shall come into operation on I 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. 5 Amendment of 4. (I) Schedule Two to the Principal Act shall be amended by No. 8702. Schedules Two items (a) to (g) of Part A of the Schedule. and Three. (2) Schedule Three to the Principal Act shall be amended by items (a) to U) of Part B of the Schedule. (3) Schedule Two to the Principal Act shall be amended by item 10 (h) 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 .. he Principal Act shall be amended by item (/) of Part B of the Schedule. 15 (6) Schedule Three to the Principal Act shall be amended by item (m) of Part B of the Schedule. (7) Schedule Three to the Principal Act shall be amended by item (n) of Part B of the Schedule. (8) Schedule Three to the Principal Act shall be amended by item 20 (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. (IO) Any land described in part 28 or part 32 of Schedule Two, or part I, part 14 or part 27 of Schedule Three to the Principal Act as in 25 force immediately before the commencement of sub-sections (I) and (2) and not described in the corresponding parts ofthose 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 ofSchedule Two to the Principal 30 Act as in force immediately before the commencement of sub-section (I) 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 35 to in item (h) of Part A ofthe Schedule and items (c), (d), (f), (k), (/) 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 40 claimed either by the public or any body whatsoever or whomsoever 1983 National Parks (Amendment) No. 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 5 (0) 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- (a) after the word "acquired" (where first occurring) there shall 10 be inserted the expression "(or possession of land has been taken under a contract for the purchase ofland)"; (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 15 shall be inserted the words "or possession of it was taken". 6. In section 21A of the Principal Act, after paragraph (b) there shall Amendment of No. 8702, S. 21A. be inserted the following paragraph: "(ba) the Minister enters into an agreement under section 19c for management of any land by the Director;". 20 7. In section 32 of the Principal Act, after the words "Loch Ard Amendmentof Public Cemetery and" there shall be inserted the words "the Cape No. 8702, s. 32. 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 No. 8702, s. 320. 25 substituted the following words and expressions: "(a) the parks described in parts 2, to 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; 30 (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.". 35 (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 40 persons named therein; or 4 1983 National Parks (Amendment) No. (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) 5 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. 41A inserted. following section: Land included in "4IA. Notwithstanding anything to the contrary in any other Act 10 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 15 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 20 substituted the expression "10 penalty units"; (c) in section 44 (I), 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"; 25 (e) in section 45 (I), for the expression "$250 or imprisonment for three months" there shall be substituted the expression "10 penalty units or imprisonment for six months"; (f) in section 45 (2), for the expression "$100" there shall be substituted the expression "5 penalty units"; 30 (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 (i) in section 48 (1) (r) for the expression "$100" there shall be 35 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 47 A of the Principal Act, there shall be inserted No. 8702. Ss. 478 and 47c inserted. the following sections: 40 1983 National Parks (Amendment) No. 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 provision. than 2 penalty units. 47c. (1) Ifit is reported to the Director that a person is alleged to Expiation of p.....,ribed offence 5 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.