Authorised Version No. 170 National Parks Act 1975 No. 8702 of 1975 Authorised Version incorporating amendments as at 12 September 2018 TABLE OF PROVISIONS Section Page Part I—Preliminary 2 1 Short title and commencement 2 2 Repeals and savings 3 3 Definitions 4 4 Objects of Act 17 4A Application of Road Management Act 2004 19 4B Transport Integration Act 2010 19 4C Filming Approval Act 2014 20 4D Traditional owner agreement for natural resources 20 Part II—Administration 21 10 National Parks Advisory Council 22 11 Functions of National Parks Advisory Council 23 13 Members of National Parks Advisory Council 24 16 Certain offices deemed not to be office of profit under Crown 26 16A Management agreements with Traditional Owner Land Management Boards 27 16B Land to be managed consistently with joint management plan 28 Part III—National parks, State parks and other parks 29 Division 1—National parks and State parks 29 17 National parks and State parks 29 Division 1A—Wilderness parks 32 17A Wilderness parks—Schedule Two A 32 17B Management plans 33 17C Prohibition on development and other activities 34 Division 1B—Marine national parks and marine sanctuaries 36 17D Marine national parks and marine sanctuaries 36 Authorised by the Chief Parliamentary Counsel i Section Page Division 2—Other parks 38 18 Other parks 38 Division 3—General provisions 39 19 Powers of Minister 39 19AA Management of land prior to its reservation 41 19A Management agreements with Trust for Nature 42 19B Parks Victoria to manage reserved land 44 19C Minister may make management agreements with public authorities 46 19D Minister may make agreements with other States 47 19E Leasing and managing of land adjacent to parks 48 19F Order that land to be treated as a park for certain purposes 49 19G Power of Minister to grant leases not exceeding 21 years 51 19K Power of Minister to grant licences associated with leases 52 20 Powers of Parks Victoria 53 20A Obligations of Secretary and Parks Victoria in relation to Yarra River land 54 20B Obligations of Secretary in relation to declared areas 55 21 Parks Victoria may grant certain permits etc. 56 21A Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries 58 21B Remote and natural areas 59 21C Protection of remote and natural areas 59 21D Management of remote and natural areas 60 22 Zones in parks 62 22A Wilderness zones—General 64 22B Navigation lights—Sandpatch and Wilsons Promontory wilderness zones 64 22D Deer hunting in some wilderness zones 65 23 Permanent works that may be carried out in parks 66 24 Maintenance works to be carried out in parks 66 25 Certain works may be carried out on foreshore etc. adjacent to parks 66 25A Continuation of existing uses 67 25B Harvesting of a pine plantation in Lake Eildon National Park 68 26 Special provisions for certain parks 68 26A Tenancies or licences for certain purposes 69 27 Rights of public authorities in respect of parks 69 27A Agreement with electricity company 71 27B Native title not to be affected by amendments 72 27BA Parks Victoria must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park 72 Authorised by the Chief Parliamentary Counsel ii Section Page 27BB Secretary must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area 72 Division 3A—Tour operator licences 73 27C Offence to conduct organised tour or recreational activity in a park if unlicensed 73 27D Grant of tour operator licence 73 27E Application for tour operator licence 74 27F Requirement to pay annual fees after grant of tour operator licence 74 27G Tour operator licence conditions 74 27H Contravention of condition an offence 75 27I Variation of tour operator licence 75 27J Suspension of tour operator licence 76 27K Making submissions on suspension 76 27L Cancellation of tour operator licence 77 Division 4—Special provisions relating to particular parks 78 28 Introduction or use of cattle in specific parks 78 29 Wilsons Promontory National Park 79 29A Lighthouse leases—Wilsons Promontory National Park 80 29B Lighthouse leases—Great Otway National Park 81 30 Point Nepean National Park 83 30AAA Leases in Point Nepean National Park 84 30AAAC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Point Nepean National Park 85 30AAB Licences associated with lease—Point Nepean National Park 86 30AAC General licences—Point Nepean National Park 87 30A Operations in the Alpine National Park 87 30AA Lease or licence to a generation company—Alpine National Park 88 30AB Agreement with a generation company—Alpine National Park 90 30B Protection of access rights of freeholders in Alpine National Park 90 30BA Rights to move cattle through the Alpine National Park 91 30C Protection of life occupancies in Alpine National Park 92 30D Protection of access rights to Murray–Sunset National Park 92 30E Change of name of Murray–Sunset National Park 93 30F Access rights—French Island National Park 93 30G Water distribution works authority in relation to certain parks 94 30H Dam licences—Greater Bendigo National Park, Castlemaine Diggings National Heritage Park 95 Authorised by the Chief Parliamentary Counsel iii Section Page 30I Protection of access rights of freeholders in relation to certain parks 96 30J Protection of access rights of freeholders in Mitchell River National Park 97 30K Right to move cattle or sheep through Heathcote- Graytown National Park and Broken-Boosey State Park 98 30L Right to move cattle through Barmah National Park 98 30M Works under water licences for certain parks 99 31 Croajingolong National Park 99 31AA Leases in Mount Buffalo National Park 100 31AABB Power of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park 101 31AAB Licences associated with lease—Mount Buffalo National Park 102 31AB Lease of O'Shannassy Lodge—Yarra Ranges National Park 103 32AA Glenample Homestead 104 32AB Tenancy of Rover Scout Chalet 104 32AC Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park 105 32AF Protection of access rights of freeholders in Wyperfeld National Park 106 32AH Protection of access rights of freeholders in Yarra Ranges National Park 106 32B Tenancies for surf lifesaving club purposes 107 32CA Arthurs Seat chairlift lease 110 32CC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease 111 32D Authorities to search for minerals in certain parks 112 32FAA Protection of access rights of freeholders in Cathedral Range State Park 114 32H Protection of designated water supply catchment areas and their water resources 115 32I Management agreements with managing water authorities 116 32J Access to property in designated water supply catchment areas 119 32K Control and management of structures and installations in designated water supply catchment areas 119 32L Extraction of forest produce from Kinglake National Park and Yarra Ranges National Park 120 32M Determination of disputes 120 32N Restricted areas in designated water supply catchment areas 121 32NA Management agreement with Barwon Water—Brisbane Ranges National Park 122 Authorised by the Chief Parliamentary Counsel iv Section Page 32O Access rights—French Island Marine National Park 123 32R Drainage licences—Cobboboonee National Park 124 32S Rehabilitation works—Great Otway National Park 125 Part IV—General 126 33 Rents etc. to be paid into the Consolidated Fund 126 35 Annual report 128 36 Seizure and forfeiture of guns and other weapons 129 37 Parks Victoria may consent to certain guns or other weapons being carried or used 131 37AA Parks Victoria may consent to weapons other than guns being carried through parks 134 37A Parks Victoria may cause to be erected signs to indicate parks 135 38 Authorised officer may demand name etc. 138 38AA Production of identification 139 38A Powers of authorised officers within catchment areas 140 39 Application of section 188A of the Land Act 1958 141 40 Consent to mining leases and licences 141 40A Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions 147 40B Pipelines and seafloor cables in marine national parks and marine sanctuaries 148 41 Impounding of livestock 149 41A Land included in a park no longer reserved or affected by proclamation or Order 150 Part V—Offences and proceedings 151 Division 1—General offences 151 42 Use of certain names prohibited 151 43 Trades and businesses not to be carried on in parks unless authorised 151 44 Guns etc. not to be carried in parks 153 44A Offence to cut or take away fallen or felled trees 154 44B Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas 154 45 Persons not to obstruct etc. or to fail to comply with requests of authorised officers 156 Division 2—Offences in marine national parks and marine sanctuaries and related matters 157 45A Fishing offences in marine national parks and marine sanctuaries 157 45B Approval to remain in Point Hicks Marine National Park 161 45C Proceedings and enforcement under this Division 162 Authorised by the Chief Parliamentary Counsel v Section Page 45D Liability for offences 162 45E Time for bringing proceedings 163 Division 3—Provisions relating to proceedings and other matters 163 47 Evidence 164 47A Compensation for damage to parks 165 47B General penalty provision 165 47D Management plan to be tabled 165 Part VI—Regulations and other matters 167 48 Regulations 167 48AA Tour operator licence regulations 172 48A Native title not affected by amendments 174 48B Describing lands in notice 175 Part VII—Transitional provisions 176 49AA Definition 176 49 Duties etc.