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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
National Parks (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE NATIONAL PARKS ACT 1975 3
3. Principal Act 3
4. Definitions 3
5. Functions of National Parks Advisory Council 3
6. Insertion of new section 27B 3
27B. Native title not to be affected by amendments 3
7. Deer hunting in the Alpine National Park 4
8. Insertion of new Part IX 4
PART IX--FURTHER TRANSITIONAL PROVISIONS 4
53. National Parks (Amendment) Act 2000--Cessation of
rights 4
54. National Parks (Amendment) Act 2000--Registrar of
Titles to make necessary amendments 4
55. National Parks (Amendment) Act 2000--Continuation
of alpine and bush grazing licences 5
56. National Parks (Amendment) Act 2000--Continuation
of leases 5
57. National Parks (Amendment) Act 2000--Continuation
of grazing licences under Land Act 1958 6
58. National Parks (Amendment) Act 2000--Continuation
of grazing licences under Forests Act 1958 7
9. Amendment of Schedule Two 7
10. Amendment of Schedule Two B 8
11. Amendment of Schedule Three 8
PART 3--AMENDMENT OF OTHER ACTS 9
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Clause Page
12. Amendment of Alpine Resorts Act 1983--Substitution of
section 22 9
22. Construction of reference 9
13. Amendment of the Alpine Resorts (Management) Act 1997--
Repeal of sections 63, 64, 65 and 73 9
NOTES 10
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541058B.A1-1/6/2000 BILL LA AS SENT 1/6/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
As amended in Assembly 1 June 2000
A BILL
to amend the National Parks Act 1975, the Alpine Resorts Act 1983
and the Alpine Resorts (Management) Act 1997 and for other
purposes.
National Parks (Amendment) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975--
5 (i) to provide for land to be included in the
Alpine National Park; and
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National Parks (Amendment) Act 2000
s. 2
Act No.
(ii) to make further provision for parks in
that Act; and
(b) to make other miscellaneous amendments to
the National Parks Act 1975; and
5 (c) to amend the Alpine Resorts Act 1983 and
the Alpine Resorts (Management) Act
1997.
2. Commencement
(1) Sections 1 and 6 and this section come into
10 operation on the day after the day on which this
Act receives the Royal Assent.
(2) Section 9(3) is deemed to have come into
operation on the day on which section 10(2) of the
National Parks (Alpine National Park) Act
15 1989 came into operation.
(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 February 2001, it
20 comes into operation on that day.
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National Parks (Amendment) Act 2000
s. 3
Act No.
PART 2--AMENDMENT OF THE NATIONAL PARKS ACT
1975
3. Principal Act
No. 8702.
In this Part the National Parks Act 1975 is called
Reprint No. 7
5 the Principal Act. as at
1 July 1999.
4. Definitions
In paragraph (b) of the definition of "designated
water supply catchment area" in section 3(1) of
the Principal Act, before "the area of land" insert
10 "Crown Allotments 1, A and C, Parish of
Manango and that portion of Crown Allotment B,
Parish of Taponga south of the Warburton-Woods
Point Road and".
5. Functions of National Parks Advisory Council
15 (1) After section 11(1)(a) of the Principal Act
insert--
"(aa) to advise the Minister on any proposed
excision from a park referred to it by the
Minister;".
20 (2) After section 11(2) of the Principal Act insert--
"(3) The Minister must cause a copy of any
advice received under sub-section (1)(aa) to
be laid before both Houses of Parliament
within 10 sitting days after it is received.".
25 6. Insertion of new section 27B
After section 27A of the Principal Act insert--
"27B. Native title not to be affected by
amendments
The amendments made to this Act by the
30 National Parks (Amendment) Act 2000 are
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National Parks (Amendment) Act 2000
s. 7
Act No.
not intended to affect native title rights and
interests.".
7. Deer hunting in the Alpine National Park
In section 37(8) of the Principal Act--
5 (a) after "marked A21 and shown by light
shading or open circle pattern" insert "or
marked WONG. and shown by hatching";
(b) for "N.P. 70/1f" substitute "N.P. 70/4f".
8. Insertion of new Part IX
10 After Part VIII of the Principal Act insert--
'PART IX--FURTHER TRANSITIONAL
PROVISIONS
53. National Parks (Amendment) Act 2000--
Cessation of rights
15 On the commencement of section 9(2) of the
National Parks (Amendment) Act 2000,
the lands delineated by a green border on the
plan numbered N.P. 70/1h referred to in
Part 37 of Schedule Two cease to be
20 reserved forest.
54. National Parks (Amendment) Act 2000--
Registrar of Titles to make necessary
amendments
The Registrar of Titles, on being requested to
25 do so and on submission of any relevant
folio of the register or other document, must
make any amendments in the Register under
the Transfer of Land Act 1958 that are
necessary because of the operation of any
30 provision of the National Parks
(Amendment) Act 2000.
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Act No.
55. National Parks (Amendment) Act 2000--
Continuation of alpine and bush grazing
licences
(1) On and from the commencement of section
5 9(2) of the National Parks (Amendment)
Act 2000 any licence over the hatched land,
to which section 64 of the Alpine Resorts
(Management) Act 1997 applied
immediately before that commencement,
10 continues in force and may be dealt with as a
licence issued under section 32AD(1) of this
Act.
(2) In this section "hatched land" means the
land shown hatched on the plan lodged in the
15 Central Plan Office and numbered N.P.
70/1i.
56. National Parks (Amendment) Act 2000--
Continuation of leases
Despite the commencement of section 9(2)
20 of the National Parks (Amendment) Act
2000--
(a) the lease entitled "Tunnel under Falls
Creek Alpine Resort" granted by the
Minister for Conservation and Land
25 Management to Infratil Australia Hydro
Pty Ltd ACN 080 429 901, Kanina
Willows Pty Ltd ACN 080 735 815 and
Contact Hydro Australia Pty Ltd
ACN 080 810 546 over Crown
30 Allotment 10E, Parish of Darbalang,
with a commencement date of
18 December 1997, in so far as it
applies to land to which section 9(2)
applies, continues in force as if it were
35 a lease granted under this Act;
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Act No.
(b) the lease entitled "Northern Foreshore
of Part Rocky Valley Reservoir"
granted by the Minister for
Conservation and Land Management to
5 Infratil Australia Hydro Pty Ltd
ACN 080 429 901, Kanina Willows Pty
Ltd ACN 080 735 815 and Contact
Hydro Australia Pty Ltd ACN
080 810 546 granted over Crown
10 Allotments 9H and 9J, Parish of
Darbalang, with a commencement date
of 18 December 1997, continues in
force as if it were a lease granted under
this Act.
15 57. National Parks (Amendment) Act 2000--
Continuation of grazing licences under
Land Act 1958
(1) On and from the commencement of
section 9(2) of the National Parks
20 (Amendment) Act 2000, any grazing
licence granted under Division 8 of Part 1 of
the Land Act 1958 over the land delineated
by a red border on the plan numbered N.P.
70/1h referred to in Part 37 of Schedule Two
25 and existing immediately before that
commencement, continues in force and may
continue to be dealt as a licence under
Division 8 of Part I of the Land Act 1958.
(2) Despite anything to the contrary in this Act,
30 Division 8 of Part I of the Land Act 1958
continues to apply to permit a grazing
licence to be granted to the holder of a
grazing licence referred to in sub-section (1)
in respect of the land covered by that licence,
35 and any licence so granted may be dealt with
as a grazing licence under Division 8 of
Part 1 of that Act.
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58. National Parks (Amendment) Act 2000--
Continuation of grazing licences under
Forests Act 1958
(1) On and from the commencement of
5 section 9(2) of the National Parks
(Amendment) Act 2000, any grazing
licence granted under section 52 of the
Forests Act 1958 over the land delineated
by a green border on the plan numbered N.P.
10 70/1h referred to in Part 37 of Schedule Two
and existing immediately before that
commencement, continues in force and may
continue to be dealt with as a licence under
section 52 of the Forests Act 1958.
15 (2) Despite anything to the contrary in this Act,
section 52 of the Forests Act 1958 continues
to apply to permit a grazing licence to be
granted to the holder of a licence referred to
in sub-section (1) in respect of the land
20 covered by that licence, and any licence so
granted may be dealt with as a licence under
section 52 of that Act.'.
9. Amendment of Schedule Two
(1) In Part 20 of Schedule Two to the Principal Act--
25 (a) for "121 hectares" substitute "134 hectares";
(b) for "N.P. 15/2" substitute "N.P. 15/3".
(2) In Part 37 of Schedule Two to the Principal Act--
(a) for "containing 1800 hectares more or less
and 645 615 hectares, more or less,"
30 substitute "containing 660 550 hectares,
more or less,";
(b) for "N.P. 70/1c" substitute "N.P. 70/2c";
(c) for "and N.P. 70/1g" substitute ", N.P. 70/1g
and N.P. 70/1h";
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Act No.
(d) omit "also excepting therefrom the area
shown hatched on the plan lodged in the
Central Plan Office and numbered
A.R.A. 2/1".
5 (3) In Part 37 of Schedule Two to the Principal Act,
for "coloured blue" substitute "bordered blue".
(4) In Part 39 of Schedule Two to the Principal Act--
(a) for "760 square kilometres" substitute
"76 003 hectares";
10 (b) after "coloured yellow" insert "and that
portion of Crown Allotment B, Parish of
Taponga south of the Warburton-Woods
Point Road";
(c) for "land bordered blue" substitute "that part
15 of the land bordered blue that does not
include Crown Allotments 1, A and C,
Parish of Manango".
10. Amendment of Schedule Two B
In Part 13 of Schedule Two B to the Principal
20 Act--
(a) for "7273 hectares" substitute "7367
hectares";
(b) for "N.P. 72/3" substitute "N.P. 72/4".
11. Amendment of Schedule Three
25 In Part 6 of Schedule Three to the Principal Act--
(a) for "17 584 hectares" substitute "17 600
hectares";
(b) for "N.P. 46A/4" substitute "N.P. 46A/5";
(c) for "N.P. 46C/4" substitute "N.P. 46C/5".
30 _______________
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National Parks (Amendment) Act 2000
s. 12
Act No.
PART 3--AMENDMENT OF OTHER ACTS
No. 9974.
12. Amendment of Alpine Resorts Act 1983--Substitution
Reprint No. 3
of section 22 as at 30 April
1998.
For section 22 of the Alpine Resorts Act 1983
5 substitute--
'22. Construction of reference
On and from the commencement of section
9(2) of the National Parks (Amendment)
Act 2000, in the Order in Council made
10 under this Act on 16 April 1985 and
published in the Government Gazette on
17 April 1985, a reference to 'the plan
numbered ARA No. 2 and entitled "Falls
Creek Alpine Resort" lodged in the Central
15 Plan Office of the Division of Survey and
Mapping, Department of Conservation,
Forests and Lands, Melbourne on 25 March
1985' is to be construed as a reference to "the
plan numbered A.R.A. 2/2 lodged in the
20 Central Plan Office".'.
No. 89/1997.
13. Amendment of the Alpine Resorts (Management) Act
Reprint No. 1
1997--Repeal of sections 63, 64, 65 and 73 as at
15 December
Sections 63, 64, 65 and 73 of the Alpine Resorts 1998.
(Management) Act 1997 are repealed.
25
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National Parks (Amendment) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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