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PARLIAMENT OF VICTORIA
Parks and Crown Land Legislation Amendment
Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--ESTABLISHMENT OF NATIONAL SURFING
RESERVES 4
Division 1--Coastal Management Act 1995 4
3 Definitions 4
4 Objectives of Act 4
5 Statute law revision 4
6 New Division 5 inserted into Part 3 5
Division 5--National surfing reserves 5
40A Minister may declare a national surfing reserve 5
40B Effect of national surfing reserve declaration 5
Division 2--Crown Land (Reserves) Act 1978 6
7 Power to reserve Crown land for public purposes 6
PART 3--RESERVATION OF LAND AND REVOCATION OF
RESERVATIONS UNDER CROWN LAND (RESERVES) ACT
1978 7
8 Governor in Council may by Order confer certain leasing and
licensing powers to Health Minister 7
9 New Part 7 of the Crown Land (Reserves) Act 1978 inserted 7
PART 7--REVOCATION OF CROWN LAND
RESERVATIONS--PARKS AND CROWN LAND
LEGISLATION AMENDMENT ACT 2014 7
71 Revocation of reservation--Ballarat North land 7
72 Revocation of reservation--Caulfield land 8
73 Revocation of reservation--Waaia land 9
74 Revocation of reservations--Walpeup land 10
571488B.I-2/9/2014 i BILL LA INTRODUCTION 2/9/2014
Clause Page
75 Revocation of reservation--Wedderburn land 11
76 Registrar of Titles to make amendments necessary 12
10 Part 3 and clause 8 of Second Schedule to Crown Land
(Reserves) Act 1978 repealed 12
11 New Part 5 of Second Schedule to Crown Land (Reserves) Act
1978 inserted 12
PART 5--PARKS AND CROWN LAND LEGISLATION
AMENDMENT ACT 2014 12
9 Definitions 12
10 Revocation of reservations, regulations and other
interests--Hepburn Regional Park land 12
11 Revocation of reservations, regulations and other
interests--Kerang Wildlife Reserve land 14
12 Macedon Regional Park 17
13 Hepburn Regional Park 17
14 Kerang Wildlife Reserve 17
15 Otway Forest Park 18
16 New Sixth Schedule inserted 18
SIXTH SCHEDULE--Land in respect of which reservations
are revoked--Parks and Crown Land
Legislation Amendment Act 2014 18
PART 4--BEE SITE LICENCES AMENDMENTS 22
Division 1--Land Act 1958 22
17 Definitions 22
18 Heading preceding section 141 substituted 22
19 Sections 141 to 149 substituted 22
141 Minister may grant bee site licence 22
142 Land over which bee site licence may be granted 23
143 Fees to be determined by Minister 25
144 Minister may cancel bee site licence 25
145 Conditions relating to access to the bee site licence area 25
146 Bee site licence presumed if fee paid 26
147 Application of presumption of bee site licence 27
148 Offences 28
149 Resumption of land 30
20 New sections 416A to 416C inserted 30
416A Transitional provision for bee farm licences and bee
range area licences--Parks and Crown Land
Legislation Amendment Act 2014 30
416B Transitional provision for holders of agricultural
licences--Parks and Crown Land Legislation
Amendment Act 2014 31
571488B.I-2/9/2014 ii BILL LA INTRODUCTION 2/9/2014
Clause Page
416C Transitional provision for holders of apiary occupation
rights--Parks and Crown Land Legislation
Amendment Act 2014 31
21 Penalty for unauthorized occupation or depasturing on certain
lands 32
Division 2--Crown Land (Reserves) Act 1978 32
22 New sections 17H and 17I inserted 32
17H Use of reserved land for apiculture 32
17I Transitional provision--Parks and Crown Land
Legislation Amendment Act 2014 33
Division 3--Forests Act 1958 34
23 Definitions 34
24 Reserved forests 34
25 Licences and permits with respect to forests 34
26 Power to direct route for removal etc. of forest produce 35
27 New section 104 inserted 35
104 Transitional provision--Parks and Crown Land
Legislation Amendment Act 2014 35
Division 4--Livestock Disease Control Act 1994 36
28 Abandoned hives 36
Division 5--National Parks Act 1975 37
29 Management agreements with Trust for Nature 37
30 Minister may make management agreements with public
authorities 38
31 Leasing and managing of land adjacent to parks 38
32 Order that land to be treated as a park for certain purposes 38
33 Secretary may grant certain permits etc. 38
34 Trades and businesses not to be carried on in parks unless
authorised 39
35 Schedule One AA amended 39
23 Apiary permits 39
36 Schedule Four amended 39
Division 6--Wildlife Act 1975 40
37 Secretary to manage State Wildlife Reserves 40
38 New section 106 inserted 41
106 Transitional provision--Parks and Crown Land
Legislation Amendment Act 2014 41
571488B.I-2/9/2014 iii BILL LA INTRODUCTION 2/9/2014
Clause Page
PART 5--NATIONAL PARKS ACT 1975 AMENDED 42
39 Power of Minister to grant leases not exceeding 21 years 42
40 Spent transitional provision repealed 42
41 New clause 10 inserted into Schedule One A 42
10 Native title not affected by the Parks and Crown
Land Legislation Amendment Act 2014 42
42 Definitions--Schedule One AA 42
43 Spent transitional provisions repealed 43
44 Transitional provisions 43
PART 6--PARKS AND CROWN LAND LEGISLATION
AMENDMENT ACT 2014 43
21 Rights to cease--road--Dandenong Ranges National
Park 43
22 Rights to cease--roads--Murray-Sunset National Park 44
45 National Parks 44
46 Other Parks 45
PART 6--OTHER AMENDMENTS AND REPEAL 46
Division 1--Conservation, Forests and Lands Act 1987 46
47 Definitions 46
48 Sections 33 and 34 repealed 46
49 Sections 35 and 36 repealed 46
50 Section 37 substituted 46
51 Sections 38 and 39 substituted 48
38 Availability of Code of Practice 48
39 Compliance with Codes of Practice 48
Division 2--Land Conservation (Vehicle Control) Act 1972 49
52 Definitions 49
53 Regulations 49
54 Proceedings for breach of regulations 50
55 Erosion hazard areas 50
Division 3--Mineral Resources (Sustainable Development) Act 1990 50
56 Restricted Crown land 50
57 Restricted Crown land--Kerang Wildlife Reserve land 50
Division 4--Owner Drivers and Forestry Contractors Act 2005 51
58 Membership of the Transport Industry Council 51
59 Membership of the Forestry Industry Council 52
Division 5--Sustainable Forests (Timber) Act 2004 53
60 Compliance with Codes of Practice 53
571488B.I-2/9/2014 iv BILL LA INTRODUCTION 2/9/2014
Clause Page
Division 6--Repeal of amending Act 54
61 Repeal of amending Act 54
ENDNOTES 55
571488B.I-2/9/2014 v BILL LA INTRODUCTION 2/9/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Parks and Crown Land Legislation
Amendment Bill 2014
A Bill for an Act to amend the Coastal Management Act 1995, the
Conservation, Forests and Lands Act 1987, the Crown Land
(Reserves) Act 1978, the Land Act 1958, the Land Conservation
(Vehicle Control) Act 1972, the Mineral Resources (Sustainable
Development) Act 1990, the National Parks Act 1975 and the
Owner Drivers and Forestry Contractors Act 2005, to make
consequential and other amendments to other Acts and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Coastal Management Act
5 1995 and the Crown Land (Reserves) Act
571488B.I-2/9/2014 1 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 1--Preliminary
s. 2
1978 to provide for national surfing reserves;
and
(b) to amend the Conservation, Forests and
Lands Act 1987 and the Sustainable
5 Forests (Timber) Act 2004 in relation to
Codes of Practice; and
(c) to amend the Crown Land (Reserves) Act
1978 to provide for--
(i) the revocation of several permanent
10 Crown land reservations and a Crown
grant; and
(ii) the creation of Hepburn Regional Park
and Kerang Wildlife Reserve; and
(d) to amend the Land Act 1958 and other Acts
15 to provide for bee site licences; and
(e) to amend the Land Conservation (Vehicle
Control) Act 1972 to increase the maximum
penalties for offences; and
(f) to amend the Mineral Resources
20 (Sustainable Development) Act 1990 in
relation to restricted Crown land; and
(g) to amend the National Parks Act 1975 to
alter the boundaries of several parks; and
(h) to amend the Owner Drivers and Forestry
25 Contractors Act 2005 in relation to Industry
Councils.
2 Commencement
(1) This Act (except Part 4) comes into operation on
the day after the day on which it receives the
30 Royal Assent.
(2) Subject to subsection (3), Part 4 comes into
operation on a day or days to be proclaimed.
571488B.I-2/9/2014 2 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 1--Preliminary
s. 2
(3) If a provision of Part 4 does not come into
operation before 30 September 2015, it comes into
operation on that day.
__________________
571488B.I-2/9/2014 3 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 2--Establishment of National Surfing Reserves
s. 3
PART 2--ESTABLISHMENT OF NATIONAL SURFING
RESERVES
Division 1--Coastal Management Act 1995
3 Definitions
5 See:
Act No.
In section 3(1) of the Coastal Management Act
8/1995. 1995--
Reprint No. 1
as at (a) in paragraph (c) of the definition of Crown
9 December
1999
land, for "Department of Natural Resources
and and Environment" substitute "Department
10 amending
Act Nos
of Environment and Primary Industries";
108/2004,
80/2006, (b) insert the following definition--
40/2009 and
29/2011. "national surfing reserve declaration means
LawToday: a declaration under section 40A;".
www.
legislation.
vic.gov.au
4 Objectives of Act
15 After section 4(d) of the Coastal Management
Act 1995 insert--
"(da) to recognise the significance of an area of
land to surfing by providing for the
declaration of national surfing reserves;".
20 5 Statute law revision
In section 38(2) of the Coastal Management Act
1995, for "Department of Natural Resources and
Environment" substitute "Department of
Environment and Primary Industries".
571488B.I-2/9/2014 4 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 2--Establishment of National Surfing Reserves
s. 6
6 New Division 5 inserted into Part 3
After Division 4 of Part 3 of the Coastal
Management Act 1995 insert--
"Division 5--National surfing reserves
5 40A Minister may declare a national surfing
reserve
(1) For the purpose of recognising the
significance of an area of land to
surfing, the Minister, by notice
10 published in the Government Gazette,
may declare land of a type specified in
subsection (2) to be a national surfing
reserve.
(2) A national surfing reserve declaration
15 may be made in respect of one or more
of the following--
(a) coastal Crown land;
(b) unreserved Crown land under the
Land Act 1958;
20 (c) a park within the meaning of the
National Parks Act 1975;
(d) a State Wildlife Reserve within
the meaning of section 15 of the
Wildlife Act 1975.
25 40B Effect of national surfing reserve
declaration
(1) A national surfing reserve declaration
does not affect any of the following
matters in relation to the land to which
30 the declaration applies--
(a) the existing status of the land;
(b) the control or management of the
land;
571488B.I-2/9/2014 5 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 2--Establishment of National Surfing Reserves
s. 7
(c) any existing duties, obligations,
rights or powers.
(2) A national surfing reserve declaration
does not prevent the making of any
5 change to the status or management of
the land to which the declaration
applies.".
Division 2--Crown Land (Reserves) Act 1978
7 Power to reserve Crown land for public purposes
10 See:
Act No.
After section 4(1)(x) of the Crown Land
9212. (Reserves) Act 1978 insert--
Reprint No. 10
as at "(xa) national surfing reserves;".
1 July 2011
and
amending
Act Nos
64/2004,
65/2010,
7/2012,
17/2012,
46/2012,
31/2013,
79/2013,
30/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
__________________
571488B.I-2/9/2014 6 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 8
Land (Reserves) Act 1978
PART 3--RESERVATION OF LAND AND REVOCATION OF
RESERVATIONS UNDER CROWN LAND (RESERVES) ACT
1978
8 Governor in Council may by Order confer certain
5 leasing and licensing powers to Health Minister
In section 17AB(8) of the Crown Land
(Reserves) Act 1978, for "Sustainability and
Environment" substitute "Environment and
Primary Industries".
10 9 New Part 7 of the Crown Land (Reserves) Act 1978
inserted
After Part 6 of the Crown Land (Reserves) Act
1978 insert--
"PART 7--REVOCATION OF CROWN LAND
15 RESERVATIONS--PARKS AND CROWN LAND
LEGISLATION AMENDMENT ACT 2014
71 Revocation of reservation--Ballarat
North land
(1) The Order in Council specified in item 1 of
20 the Sixth Schedule is revoked to the extent
that it applies to the land specified in that
item.
(2) On the revocation of the Order in Council
reserving the land specified in item 1 of the
25 Sixth Schedule--
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
30 interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 9
Land (Reserves) Act 1978
(c) any regulations made under section 13
are revoked to the extent that they
apply to that land.
(3) Nothing in this section affects--
5 (a) the lease to occupy part of the land
described in item 1 of the Sixth
Schedule, in force immediately before
the commencement of this section,
entered into by the Minister for
10 Environment and Climate Change with
the North Ballarat Football Club
Incorporated ACN 92 100 746 876,
commencing on 1 October 2013 and
expiring on 30 September 2034; or
15 (b) the licence to occupy part of the land
described in item 1 of the Sixth
Schedule, in force immediately before
the commencement of this section,
granted by the Minister for
20 Environment and Climate Change to
the North Ballarat Football Club
Incorporated ACN 92 100 746 876,
commencing on 1 October 2013 and
expiring on 30 September 2016.
25 72 Revocation of reservation--Caulfield land
(1) The Order in Council specified in item 2 of
the Sixth Schedule is revoked.
(2) Subject to subsection (3), on the revocation
of the Order in Council reserving the land
30 specified in item 2 of the Sixth Schedule--
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
35 interests; and
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 9
Land (Reserves) Act 1978
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
(c) any regulations made under section 13
5 are revoked to the extent that they
apply to that land.
(3) On the revocation of the Order in Council
reserving the land specified in item 2 of the
Sixth Schedule--
10 (a) that land is taken to be temporarily
reserved under section 4(1) for public
purposes, being, in particular, the
purposes of a public park, gardens and
recreation; and
15 (b) the Glen Eira City Council is taken to be
the committee of management of that
land appointed under section 14.
73 Revocation of reservation--Waaia land
(1) The Order in Council specified in item 3 of
20 the Sixth Schedule is revoked to the extent
that it applies to the land specified in that
item.
(2) On the revocation of the Order in Council
reserving the land specified in item 3 of the
25 Sixth Schedule--
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
30 interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 9
Land (Reserves) Act 1978
(c) any regulations made under section 13
are revoked to the extent that they
apply to that land.
74 Revocation of reservations--Walpeup
5 land
(1) The Orders in Council specified in items 4, 5
and 6 of the Sixth Schedule are revoked.
(2) Subject to subsection (3), on the revocation
of an Order in Council reserving the land
10 specified in item 4, 5 or 6 of the Sixth
Schedule--
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
15 restrictions, encumbrances, estates and
interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
20 (c) any regulations made under section 13
are revoked to the extent that they
apply to that land.
(3) On the revocation of the Orders in Council
reserving the land specified in items 4, 5 and
25 6 of the Sixth Schedule--
(a) that land is taken to be temporarily
reserved under section 4(1) for public
purposes; and
(b) the Primary Industries Committee
30 of Management Incorporated ABN
74 262 813 670 is taken to be the
committee of management of that land
appointed under section 14.
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 9
Land (Reserves) Act 1978
75 Revocation of reservation--Wedderburn
land
(1) The Order in Council specified in item 7 of
the Sixth Schedule is revoked.
5 (2) Crown grant Volume 1481 Folio 012 is
revoked.
(3) Subject to subsection (4), on the revocation
of the Order in Council reserving the land
specified in item 7 of the Sixth Schedule and
10 Crown grant Volume 1481 Folio 012--
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
15 interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
(c) any regulations made under section 13
20 are revoked to the extent that they
apply to that land.
(4) On the revocation of the Order in Council
reserving the land specified in item 7 of the
Sixth Schedule--
25 (a) that land is taken to be temporarily
reserved under section 4(1) for public
purposes; and
(b) the Loddon Shire Council is taken to be
the committee of management of that
30 land appointed under section 14.
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 10
Land (Reserves) Act 1978
76 Registrar of Titles to make amendments
necessary
The Registrar of Titles must make any
recordings in or amendments to the Register
5 kept under the Transfer of Land Act 1958
that are necessary because of the operation of
any provision of this Part.
__________________".
10 Part 3 and clause 8 of Second Schedule to Crown
Land (Reserves) Act 1978 repealed
10 Part 3 and clause 8 of the Second Schedule to the
Crown Land (Reserves) Act 1978 are repealed.
11 New Part 5 of Second Schedule to Crown Land
(Reserves) Act 1978 inserted
After Part 4 of the Second Schedule to the Crown
15 Land (Reserves) Act 1978 insert--
"PART 5--PARKS AND CROWN LAND
LEGISLATION AMENDMENT ACT 2014
9 Definitions
In this Part--
20 Hepburn Regional Park land means the
area of land described in Division 6 of
Part 4A of the Fifth Schedule;
Kerang Wildlife Reserve land means the
area of land described in Division 4 of
25 Part 5 of the Fifth Schedule.
10 Revocation of reservations, regulations
and other interests--Hepburn Regional
Park land
(1) On the commencement of section 13 of the
30 Parks and Crown Land Legislation
Amendment Act 2014--
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Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 11
Land (Reserves) Act 1978
(a) any reservation under this or any other
Act over the whole or a part of the
Hepburn Regional Park land that is in
force immediately before that
5 commencement is revoked; and
(b) the appointment of any committee of
management of the whole or a part of
the Hepburn Regional Park land is
revoked to the extent that it relates to
10 that land immediately before that
commencement; and
(c) any regulations made under section 13
that apply to the whole or a part of the
Hepburn Regional Park land
15 immediately before that
commencement are revoked to the
extent that they apply to that land; and
(d) subject to subclause (2), the Hepburn
Regional Park land is freed and
20 discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to the whole or any part of
that land immediately before that
25 commencement; and
(e) any area of the Hepburn Regional Park
land that is delineated and coloured
yellow on the plan lodged in the
Central Plan Office and numbered
30 LEGL./14-054--
(i) ceases to be a road or part of a
road or a road reserve; and
(ii) all rights, easements and
privileges existing or claimed
35 either by the public or any body or
person, as incident to the express
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 11
Land (Reserves) Act 1978
or implied grant or past dedication
or supposed dedication or any past
user or operation of law or
otherwise, in relation to that area
5 cease.
(2) Despite anything to the contrary in this Act,
any licence, permit or other authority over
any part of the Hepburn Regional Park land
that was granted or issued under this Act, the
10 Forests Act 1958, the Land Act 1958 or the
Water Act 1989 and that is in force
immediately before the commencement of
section 13 of the Parks and Crown Land
Legislation Amendment Act 2014
15 continues in force on and after that
commencement, subject to its terms and
conditions and the provisions of the Act
under which it was granted or issued.
11 Revocation of reservations, regulations
20 and other interests--Kerang Wildlife
Reserve land
(1) On the commencement of section 14 of the
Parks and Crown Land Legislation
Amendment Act 2014--
25 (a) any reservation under this or any other
Act over the whole or a part of the
Kerang Wildlife Reserve land that is in
force immediately before that
commencement is revoked; and
30 (b) the appointment of any committee of
management of the whole or a part of
the Kerang Wildlife Reserve land is
revoked to the extent that it relates to
that land immediately before that
35 commencement; and
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 11
Land (Reserves) Act 1978
(c) any regulations made under section 13
that apply to the whole or a part of the
Kerang Wildlife Reserve land
immediately before that
5 commencement are revoked to the
extent that they apply to that land; and
(d) subject to subclause (2)(a), the Kerang
Wildlife Reserve land is freed and
discharged from all trusts, limitations,
10 reservations, restrictions,
encumbrances, estates and interests in
or applying to the whole or any part of
the land immediately before that
commencement; and
15 (e) any area of the Kerang Wildlife
Reserve land that is delineated and
coloured yellow on the plan lodged in
the Central Plan Office and numbered
LEGL./14-061--
20 (i) ceases to be a road or part of a
road or a road reserve; and
(ii) all rights, easements and
privileges existing or claimed
either by the public or any body or
25 person, as incident to the express
or implied grant or past dedication
or supposed dedication or any past
user or operation of law or
otherwise, in relation to that area
30 cease.
(2) Despite anything to the contrary in this
Act--
(a) any licence, permit or other authority
over any part of the Kerang Wildlife
35 Reserve land that was granted or issued
under this Act, the Forests Act 1958,
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 11
Land (Reserves) Act 1978
the Land Act 1958 or the Water Act
1989, and that is in force immediately
before the commencement of section 14
of the Parks and Crown Land
5 Legislation Amendment Act 2014
continues in force on and after that
commencement, subject to its terms and
conditions and the provisions of the Act
under which it was granted or issued;
10 and
(b) the Lower Murray Urban and
Rural Water Corporation ABN
18 475 808 826 may continue to
discharge treated wastewater within the
15 Kerang Wildlife Reserve land if the
discharge occurs--
(i) under and in accordance with the
licence in relation to that part of
the Kerang Wildlife Reserve land
20 known as Fosters Swamp, in force
immediately before the
commencement of section 14 of
the Parks and Crown Land
Legislation Amendment Act
25 2014, that was issued under
section 20 of the Environment
Protection Act 1970 to the Lower
Murray Urban and Rural Water
Corporation on 11 August 2009
30 and amended on 21 November
2013 or any licence issued to the
Lower Murray Urban and Rural
Water Corporation under
section 20 of that Act on or after
35 the commencement of section 14
of the Parks and Crown Land
Legislation Amendment Act
2014; and
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Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 12
Land (Reserves) Act 1978
(ii) subject to the terms and conditions
of the licence issued on 11 August
2009 (as amended from time to
time) or any future licence
5 referred to in subparagraph (i) (as
amended from time to time) and
the provisions of the
Environment Protection Act
1970.
10 (3) The Kerang Wildlife Reserve land is taken to
be classified as a State Game Reserve
pursuant to an Order of the Governor in
Council under section 15(2) of the Wildlife
Act 1975.".
15 12 Macedon Regional Park
In Division 3 of Part 4A of the Fifth Schedule to
the Crown Land (Reserves) Act 1978, for
"LEGL./11-187" substitute "LEGL./14-055".
13 Hepburn Regional Park
20 After Division 5 of Part 4A of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
insert--
"Division 6--Hepburn Regional Park
The land delineated and coloured pink or coloured
25 yellow on the plan lodged in the Central Plan
Office and numbered LEGL./14-054.".
14 Kerang Wildlife Reserve
After Division 3 of Part 5 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978 insert--
30 "Division 4--Kerang Wildlife Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./14-061.
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Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 15
Land (Reserves) Act 1978
Purposes of the reservation--
The purposes of the management of wildlife.".
15 Otway Forest Park
In Division 1 of Part 7 of the Fifth Schedule to the
5 Crown Land (Reserves) Act 1978, for
"LEGL./11-031, LEGL./11-032, LEGL./11-033,
LEGL./11-034 and LEGL./11-035" substitute
"LEGL./14-056, LEGL./14-057, LEGL./14-058,
LEGL./14-059 and LEGL./14-060".
10 16 New Sixth Schedule inserted
After the Fifth Schedule to the Crown Land
(Reserves) Act 1978 insert--
"__________________
SIXTH SCHEDULE
LAND IN RESPECT OF WHICH
15 RESERVATIONS ARE REVOKED--PARKS
AND CROWN LAND LEGISLATION
AMENDMENT ACT 2014
Item 1--Ballarat North land
Situation and area of land: Township of Ballarat North, being
Crown Allotments 2005 and
2007.
Instrument and date of Order in Council dated
reservation: 9 September 1935, published in
the Government Gazette dated
11 September 1935, page 2359.
Description of land by reference Government Gazette dated
to Government Gazette: 14 August 1935, page 2137.
Purpose of reservation: Show yards and public recreation.
Extent of revocation: The entire reservation.
571488B.I-2/9/2014 18 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 16
Land (Reserves) Act 1978
Item 2--Caulfield land
Situation and area of land: Parish of Prahan at Caulfield,
being Crown Allotment 32B.
Instrument and date of Order in Council dated 23 August
reservation: 1966, published in the
Government Gazette dated
31 August 1966, page 3198.
Description of land by reference Government Gazette dated
to Government Gazette: 20 July 1966, page 2633.
Purpose of reservation: Public purposes (swimming pool,
other associated facilities and car
parking).
Extent of revocation: The entire reservation.
Item 3--Waaia land
Situation and area of land: Parish of Waaia, being Crown
Allotment 2039.
Instrument and date of Order in Council dated 23 May
reservation: 1881, published in the
Government Gazette dated
27 May 1881, page 1389.
Description of land by reference Government Gazette dated
to Government Gazette: 18 March 1881, page 817.
Purpose of reservation: Public purposes.
Extent of revocation: The entire reservation.
Item 4--Walpeup land
Situation and area of land: Parish of Kattyoong, being Crown
Allotments 1 and 1B.
Instrument and date of Order in Council dated
reservation: 18 September 1933, published in
the Government Gazette dated
27 September 1933, page 2536.
Description of land by reference Government Gazette dated
to Government Gazette: 23 August 1933, page 2536.
Purpose of reservation: Experimental Farm.
Extent of revocation: The entire reservation.
571488B.I-2/9/2014 19 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 16
Land (Reserves) Act 1978
Item 5--Walpeup land
Situation and area of land: Parish of Kattyoong, being Crown
Allotment 2.
Instrument and date of Order in Council dated 22 April
reservation: 1952, published in the
Government Gazette dated
30 April 1952, page 1949.
Description of land by reference Government Gazette dated
to Government Gazette: 2 March 1952, page 1668.
Purpose of reservation: Experimental Farm.
Extent of revocation: The entire reservation.
Item 6--Walpeup land
Situation and area of land: Parish of Paignie, being Crown
Allotment 1; Parish of Walpeup,
being Crown Allotments 1 and
1B.
Instrument and date of Order in Council dated 4 July
reservation: 1932, published in the
Government Gazette dated 6 July
1932, page 1517.
Description of land by reference Government Gazette dated 6 July
to Government Gazette: 1932, page 1517.
Purpose of reservation: Experimental Farm.
Extent of revocation: The entire reservation.
Item 7--Wedderburn land
Situation and area of land: Parish of Wedderburne, Township
of Wedderburn, being Crown
Allotment 25A.
Instrument and date of Order in Council dated 27
reservation: November 1862, published in the
Government Gazette dated
5 December 1862, page 2488.
Description of land by reference Government Gazette dated
to Government Gazette: 5 December 1862, page 2488.
Particulars of Crown grant: Crown grant Volume 1481
Folio 012.
571488B.I-2/9/2014 20 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 3--Reservation of Land and Revocation of Reservations under Crown
s. 16
Land (Reserves) Act 1978
Purpose of reservation: Mechanics Institute.
Extent of revocation: The entire reservation.".
__________________
571488B.I-2/9/2014 21 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 17
PART 4--BEE SITE LICENCES AMENDMENTS
Division 1--Land Act 1958
17 Definitions
See: In section 3(1) of the Land Act 1958 insert the
Act No.
5 6284. following definitions--
Reprint No. 12
as at "bee site licence means a licence granted under
27 April 2012
and
section 141 for the purpose of keeping hives
amending and farming bees;
Act Nos
43/2012, bee site licence area means the area of land over
46/2012,
10 26/2014, which a bee site licence is granted;
30/2014 and
37/2014. bee site licensee means a person who holds a
LawToday: current bee site licence;".
www.
legislation.
vic.gov.au
18 Heading preceding section 141 substituted
For the heading preceding section 141 of the
15 Land Act 1958 substitute--
"Bee Site Licences".
19 Sections 141 to 149 substituted
For sections 141 to 149, including the headings
preceding sections 146 and 149, of the Land Act
20 1958 substitute--
"141 Minister may grant bee site licence
(1) The Minister may grant a bee site licence--
(a) over land specified in section 142(1);
and
25 (b) for a term not exceeding 10 years.
(2) A bee site licence area must not exceed a
radius of 800 metres from the centre of the
bee site licence area unless--
571488B.I-2/9/2014 22 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(a) the bee site licence is granted to a
person holding a licence referred to in
section 416A(1)(b); and
(b) the licence referred to in
5 section 416A(1)(b) covers an area
exceeding a radius of 800 metres from
the centre of the bee range area.
(3) A bee site licence is subject to the payment
of any fees determined by the Minister under
10 section 143.
(4) A bee site licence is subject to the terms and
conditions determined by the Minister and
specified in the licence.
(5) Before granting a bee site licence over land
15 which is not unreserved Crown land under
this Act, the Minister must consult with the
Minister responsible for the Act under which
that land is controlled and managed.
142 Land over which bee site licence may be
20 granted
(1) The Minister may grant a bee site licence
over the following land, other than land
specified in paragraphs (a) to (d) of
subsection (2)--
25 (a) unreserved Crown land under this Act;
(b) Crown land reserved under the Crown
Land (Reserves) Act 1978, except land
that is managed by a trustee or a
committee of management (other than a
30 committee of management that is
constituted by Parks Victoria);
(c) reserved forest within the meaning of
the Forests Act 1958;
571488B.I-2/9/2014 23 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(d) the following land under the National
Parks Act 1975--
(i) a park within the meaning of that
Act;
5 (ii) land managed by the Secretary in
accordance with a management
agreement under section 19A or
19C of that Act, if the agreement
specifically provides that any or
10 all of sections 141 to 148 of this
Act apply to that land;
(iii) land leased by the Minister and
managed by the Secretary in
accordance with section 19E of
15 that Act, if the lease specifically
provides that any or all of sections
141 to 148 of this Act apply to
that land;
(iv) land ordered by the Governor in
20 Council to be treated as a park
under section 19F of that Act, if
the land is specified in Schedule
Four to that Act as being subject
to sections 141 to 148 of this Act;
25 (e) a State Wildlife Reserve or a Nature
Reserve within the meaning of the
Wildlife Act 1975.
(2) The centre of a bee site licence area must not
be located on, or within 800 metres of, any
30 of the following land--
(a) a wilderness park described in Schedule
Two A to the National Parks Act
1975;
(b) a wilderness zone described in
35 Schedule Five to the National Parks
Act 1975;
571488B.I-2/9/2014 24 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(c) a natural catchment area described in
Schedule 2 to the Heritage Rivers Act
1992;
(d) a reference area proclaimed under the
5 Reference Areas Act 1978.
143 Fees to be determined by Minister
(1) The Minister may determine any fee payable
under a bee site licence.
(2) The Minister must cause notice of a
10 determination under subsection (1) to be
published in the Government Gazette.
(3) The Minister may waive, reduce or refund, in
whole or in part, any fee determined under
subsection (1).
15 144 Minister may cancel bee site licence
The Minister may cancel a bee site licence if
the Minister reasonably believes the bee site
licensee has contravened--
(a) a provision of this Act; or
20 (b) a provision of any other Act regulating
the land on which the bee site licence
area is located; or
(c) a term or condition of that bee site
licence.
25 145 Conditions relating to access to the bee
site licence area
(1) The Minister may determine terms and
conditions relating to the bee site licensee's
access to the bee site licence area across land
30 referred to in section 142(1).
571488B.I-2/9/2014 25 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(2) The terms and conditions determined by the
Minister under this section apply in addition
to any conditions or restrictions imposed
under any legislation regulating--
5 (a) the land on which the bee site licence
area is located; and
(b) the land over which access to the bee
site licence area is granted.
(3) Before determining terms and conditions
10 under subsection (1) in relation to access
over land which is not unreserved Crown
land under this Act, the Minister must
consult with the Minister responsible for the
Act under which that land is controlled and
15 managed.
146 Bee site licence presumed if fee paid
(1) On or before the expiry of a current bee site
licence, the Minister may send a notice to the
bee site licensee--
20 (a) offering the bee site licensee a new bee
site licence in respect of the current bee
site licence area; and
(b) specifying the licence fee to be paid for
the new bee site licence, as determined
25 under section 143.
(2) The Minister may vary the existing terms
and conditions of the bee site licence in a
notice under subsection (1).
(3) On payment by the bee site licensee of the
30 licence fee specified under subsection (1)(b),
a new bee site licence is taken to have been
granted under section 141 to the bee site
licensee.
571488B.I-2/9/2014 26 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(4) A bee site licence referred to in
subsection (3)--
(a) remains in force for the period in
respect of which the licence fee is paid;
5 and
(b) is subject to the same terms and
conditions that applied to the bee site
licence originally granted to the bee site
licensee for that land, unless otherwise
10 varied by the Minister under
subsection (2); and
(c) is subject to this Act and any
regulations applying to that bee site
licence.
15 (5) A yearly invoice for payment of a licence fee
that has been apportioned as an annual sum
does not constitute a notice under
subsection (1).
147 Application of presumption of bee site
20 licence
(1) Section 146 has effect--
(a) despite anything to the contrary in this
Division or any corresponding previous
enactment; and
25 (b) despite a licensee not applying for a
new bee site licence.
(2) Section 146 does not--
(a) relieve a bee site licensee from liability
for contravention of a bee site licence;
30 or
(b) prevent the grant of a new bee site
licence under section 141 to that
licensee.
571488B.I-2/9/2014 27 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(3) Section 146 applies even if a bee site licence
has been lost, if it appears from records kept
by the Secretary that the bee site licence was
originally granted.
5 148 Offences
(1) A person must not place bee hives on, or use
or occupy, land referred to in section 142(1)
for a purpose relating to apiculture unless
authorised to do so under--
10 (a) a bee site licence; or
(b) a licence or right referred to in section
416A, 416B or 416C; or
(c) a licence granted under section 17 or
17B of the Crown Land (Reserves)
15 Act 1978 by--
(i) a trustee or a committee of
management (other than Parks
Victoria); or
(ii) Parks Victoria as committee of
20 management and continued in
force by section 17I of the Crown
Land (Reserves) Act 1978; or
(iii) the Secretary and continued in
force by section 17I of the Crown
25 Land (Reserves) Act 1978;
(d) a licence or permit granted under
section 52(1A)(i) of the Forests Act
1958 and continued in force by section
104 of the Forests Act 1958;
30 (e) a permit granted under section 21(1)(b)
of the National Parks Act 1975 and
continued in force by clause 23 of
Schedule One AA to the National
Parks Act 1975;
571488B.I-2/9/2014 28 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 19
(f) a licence issued under section 16(2)(a)
of the Wildlife Act 1975 and continued
in force by section 106 of the Wildlife
Act 1975.
5 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person must not place bee hives on, or use
10 or occupy, the following land for a purpose
relating to apiculture--
(a) a wilderness park described in Schedule
Two A to the National Parks Act
1975;
15 (b) a wilderness zone described in
Schedule Five to the National Parks
Act 1975;
(c) a natural catchment area described in
Schedule 2 to the Heritage Rivers Act
20 1992;
(d) a reference area proclaimed under the
Reference Areas Act 1978.
Penalty: In the case of a natural person,
60 penalty units;
25 In the case of a body corporate,
300 penalty units.
(3) A bee site licensee must not use or occupy
land referred to in section 142(1) in a manner
that contravenes the bee site licence.
30 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
571488B.I-2/9/2014 29 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 20
149 Resumption of land
(1) If a bee site licence is proposed to be granted
over land that is held under an agricultural
licence granted under section 130, the
5 Governor in Council may make an Order
declaring that the land has been resumed.
(2) On the making of an Order under
subsection (1), the Minister may resume
possession of that land on receiving payment
10 from the prospective bee site licensee of all
moneys payable by the Crown in respect of
the resumption of land.".
20 New sections 416A to 416C inserted
After section 416 of the Land Act 1958 insert--
15 "416A Transitional provision for bee farm
licences and bee range area licences--
Parks and Crown Land Legislation
Amendment Act 2014
(1) This section applies if a person holds one or
20 both of the following licences in respect of
the same land--
(a) a bee farm licence granted under
section 141 and in force immediately
before the substitution of that section
25 by Part 4 of the Parks and Crown
Land Legislation Amendment Act
2014;
(b) a bee range area licence granted under
section 147 and in force immediately
30 before the substitution of that section
by Part 4 of the Parks and Crown
Land Legislation Amendment Act
2014.
571488B.I-2/9/2014 30 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 20
(2) A licence referred to in subsection (1)
continues in force subject to its terms and
conditions on and after the commencement
of Part 4 of the Parks and Crown Land
5 Legislation Amendment Act 2014 until the
earliest of the following occurs--
(a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
10 section 141 to the holder of a licence
referred to in subsection (1)(a) or (b) or
both over the same licence area.
416B Transitional provision for holders of
agricultural licences--Parks and Crown
15 Land Legislation Amendment Act 2014
The holder of an agricultural licence who,
immediately before the substitution of
section 144 by Part 4 of the Parks and
Crown Land Legislation Amendment Act
20 2014, kept hives on the agricultural licence
land in accordance with that section may
continue to keep those hives on the land, on
and after that substitution, until the expiry of
the agricultural licence as if that section had
25 not been substituted.
416C Transitional provision for holders of
apiary occupation rights--Parks and
Crown Land Legislation Amendment Act
2014
30 An apiary occupation right granted under
section 149 and in force immediately before
the commencement of Part 4 of the Parks
and Crown Land Legislation Amendment
Act 2014 continues in force subject to its
35 terms and conditions as if that section had
571488B.I-2/9/2014 31 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 21
not been substituted until the earliest of the
following occurs--
(a) the apiary occupation right expires;
(b) the apiary occupation right is cancelled;
5 (c) a bee site licence is granted under
section 141 to the holder of the apiary
occupation right in respect of the same
land over which the apiary occupation
right was granted.".
10 21 Penalty for unauthorized occupation or depasturing
on certain lands
At the end of section 188 of the Land Act 1958
insert--
"(2) Subsection (1) does not apply to
15 unauthorised occupation of Crown land for a
purpose relating to apiculture.
Note
See section 148 for offences relating to unauthorised
occupation of Crown land for a purpose relating to
20 apiculture.".
Division 2--Crown Land (Reserves) Act 1978
22 New sections 17H and 17I inserted
After section 17G of the Crown Land (Reserves)
Act 1978 insert--
25 "17H Use of reserved land for apiculture
On and from the commencement of Part 4 of
the Parks and Crown Land Legislation
Amendment Act 2014, a licence over
reserved land for a purpose relating to
30 apiculture may only be granted under
section 17 or 17B by a trustee or committee
of management (other than a committee of
management constituted by Parks Victoria).
571488B.I-2/9/2014 32 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 22
Note
See sections 141 to 148 of the Land Act 1958.
17I Transitional provision--Parks and Crown
Land Legislation Amendment Act 2014
5 (1) A licence granted under section 17 or 17B
for a purpose relating to apiculture by Parks
Victoria as committee of management or by
the Secretary, and in force immediately
before the commencement of Part 4 of the
10 Parks and Crown Land Legislation
Amendment Act 2014, continues in force
subject to its terms and conditions on and
after that commencement until the earliest of
the following occurs--
15 (a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
section 141 of the Land Act 1958 to
the holder of the licence granted under
20 section 17 or 17B in respect of the same
licence area.
(2) A licence referred to in subsection (1) is
taken to be granted for a purpose relating to
apiculture if it permits the licensee--
25 (a) to keep bee hives on the licensed land;
or
(b) to enable the licensee's bees to forage
over the licensed land for nectar or
pollen.".
571488B.I-2/9/2014 33 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 23
Division 3--Forests Act 1958
23 Definitions
See: (1) In section 3(1) of the Forests Act 1958 insert the
Act No.
6254. following definitions--
Reprint No. 11
5 as at "bee site licence area has the same meaning as it
8 March 2013
and
has in the Land Act 1958;
amending
Act Nos bee site licensee has the same meaning as it has in
70/2013, the Land Act 1958;".
73/2013 and
37/2014. (2) In section 3(1) of the Forests Act 1958, in the
LawToday:
10 www. definition of forest produce--
legislation.
vic.gov.au (a) paragraph (b)(i) and (ii) are repealed;
(b) after paragraph (e) insert--
"(f) nectar, honey or beeswax;
Note
15 The taking of nectar, honey or beeswax in
connection with apiculture is dealt with under
the Land Act 1958.".
24 Reserved forests
(1) In section 42(4) of the Forests Act 1958, for
20 "subsection (4A)" substitute "subsections (4A)
and (4B)".
(2) After section 42(4A) of the Forests Act 1958
insert--
"(4B) Nothing in subsection (4) prevents a bee site
25 licence being granted under the Land Act
1958 over land forming part of a reserved
forest.".
25 Licences and permits with respect to forests
In section 52(1A)(i) of the Forests Act 1958, after
30 "1958" insert ", except a bee site licence within
the meaning of that Act".
571488B.I-2/9/2014 34 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 26
26 Power to direct route for removal etc. of forest
produce
After section 79(1) of the Forests Act 1958
insert--
5 "(1A) An authorised officer may give directions
regarding the route, road or track in or by
which a bee site licensee accesses the bee
site licence area.".
27 New section 104 inserted
10 After section 103 of the Forests Act 1958
insert--
"104 Transitional provision--Parks and Crown
Land Legislation Amendment Act 2014
(1) A licence or permit granted under
15 section 52(1) for a purpose relating to
apiculture and in force immediately before
the commencement of Part 4 of the Parks
and Crown Land Legislation Amendment
Act 2014 continues in force subject to its
20 terms and conditions on and after that
commencement until the earliest of the
following occurs--
(a) the licence or permit expires;
(b) the licence or permit is cancelled;
25 (c) a bee site licence is granted under
section 141 of the Land Act 1958 to
the holder of the licence or permit
granted under section 52(1) in respect
of the same area.
30 (2) A licence or permit referred to in
subsection (1) is taken to be granted for a
purpose relating to apiculture if it permits the
holder of the licence or permit--
571488B.I-2/9/2014 35 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 28
(a) to keep bee hives on the land described
in the licence or permit; or
(b) to enable the licensee's or permittee's
bees to forage over the land described
5 in the licence or permit for nectar or
pollen.".
Division 4--Livestock Disease Control Act 1994
28 Abandoned hives
See: For section 125(2) of the Livestock Disease
Act No.
10 115/1994. Control Act 1994 substitute--
Reprint No. 7
as at "(2) Any hives found on Crown land must be
25 September
2013
taken to be abandoned for the purposes of
and this section if they are not authorised by one
amending
Act Nos
of the following licences, rights or permits
15 7/2007, currently in force--
70/2013,
73/2013 and (a) a bee site licence granted under
37/2014.
LawToday: section 141 of the Land Act 1958;
www.
legislation. (b) a bee farm licence continued in force
vic.gov.au by section 416A of the Land Act 1958;
20 (c) a bee range area licence continued in
force by section 416A of the Land Act
1958;
(d) any other right continued in force by
section 416B or 416C of the Land Act
25 1958;
(e) a licence granted under section 17 or
17B of the Crown Land (Reserves)
Act 1978--
(i) by a trustee or a committee of
30 management (other than Parks
Victoria); or
571488B.I-2/9/2014 36 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 29
(ii) by Parks Victoria as committee of
management or the Secretary and
continued in force by section 17I
of the Crown Land (Reserves)
5 Act 1978;
(f) a licence or permit granted under
section 52(1A)(i) of the Forests Act
1958 and continued in force by
section 104 of the Forests Act 1958;
10 (g) a permit granted under section 21(1)(b)
of the National Parks Act 1975 and
continued in force by clause 23 of
Schedule One AA to the National
Parks Act 1975;
15 (h) a licence issued under section 16(2)(a)
of the Wildlife Act 1975 and continued
in force by section 106 of the Wildlife
Act 1975.".
Division 5--National Parks Act 1975
20 29 Management agreements with Trust for Nature
In section 19A(2A) of the National Parks Act See:
Act No.
1975-- 8702.
Reprint No. 14
(a) in paragraph (b), for "provides--" substitute as at
14 November
"provides; and"; 2012
and
25 (b) after paragraph (b) insert-- amending
Act Nos
"(c) any or all of sections 141 to 148 of the 38/1989,
Land Act 1958, as the agreement 17/2013,
45/2013,
specifically provides--". 79/2013 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
571488B.I-2/9/2014 37 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 30
30 Minister may make management agreements with
public authorities
After section 19C(2)(c) of the National Parks
Act 1975 insert--
5 "(ca) any or all of sections 141 to 148 of the Land
Act 1958, as the agreement specifically
provides, have effect in and in respect of the
land as if the land were part of the park
specified in the agreement; and".
10 31 Leasing and managing of land adjacent to parks
In section 19E(3) of the National Parks Act
1975--
(a) in paragraph (c), for "lease." substitute
"lease; and";
15 (b) after paragraph (c) insert--
"(d) any or all of sections 141 to 148 of the
Land Act 1958, as the lease
specifically provides, have effect in and
in respect of the land as if the land were
20 part of the park specified in the lease.".
32 Order that land to be treated as a park for certain
purposes
In section 19F(3)(b) of the National Parks Act
1975, after "those provisions of the Act" insert
25 "or sections 141 to 148 of the Land Act 1958".
33 Secretary may grant certain permits etc.
Section 21(1)(b) of the National Parks Act 1975
is repealed.
571488B.I-2/9/2014 38 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 34
34 Trades and businesses not to be carried on in parks
unless authorised
In section 43(2) of the National Parks Act
1975--
5 (a) in paragraph (b), for "Schedule Four."
substitute "Schedule Four;";
(b) after paragraph (b) insert--
"(c) a trade or business carried out in
accordance with a bee site licence
10 issued under section 141 of the Land
Act 1958.".
35 Schedule One AA amended
At the end of Part 6 of Schedule One AA to the
National Parks Act 1975 insert--
15 "23 Apiary permits
A permit granted under section 21(1)(b) and
in force immediately before the
commencement of Part 4 of the 2014 Act
continues in force subject to its terms and
20 conditions on and after that commencement
until the earliest of the following occurs--
(a) the permit expires;
(b) the permit is cancelled;
(c) a bee site licence is granted under
25 section 141 of the Land Act 1958 to
the holder of the permit granted under
section 21(1)(b) in respect of the same
area.".
36 Schedule Four amended
30 (1) In Part 5 of Schedule Four to the National Parks
Act 1975, before the heading "Application of the
Regulations to the land" insert--
571488B.I-2/9/2014 39 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 37
"Provisions of the Land Act 1958 to apply to the
land
Sections 141 to 148 inclusive.".
(2) In Part 6 of Schedule Four to the National Parks
5 Act 1975--
(a) for the heading "Provision of Act to apply to
the Land" substitute "Provisions of the Act
to apply to the land";
(b) before the heading "Application of
10 Regulations to the Land" insert--
"Provisions of the Land Act 1958 to apply to
the land
Sections 141 to 148 inclusive.".
(3) In Part 8 of Schedule Four to the National Parks
15 Act 1975, before the heading "Application of
Regulations to the land" insert--
"Provisions of the Land Act 1958 to apply to the
land
Sections 141 to 148 inclusive.".
20 Division 6--Wildlife Act 1975
37 Secretary to manage State Wildlife Reserves
See: (1) In section 16(2)(a) of the Wildlife Act 1975, after
Act No.
8699. "licences" insert ", other than a licence for a
Reprint No. 10 purpose relating to apiculture,".
as at
25 1 July 2014
and
(2) After section 16(2) of the Wildlife Act 1975
amending insert--
Act No.
17/2014. "(3) A licence is taken to be granted for a purpose
LawToday:
www. relating to apiculture if it permits the holder
legislation. of the licence--
vic.gov.au
30 (a) to keep bee hives on the land described
in the licence; or
571488B.I-2/9/2014 40 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 4--Bee Site Licences Amendments
s. 38
(b) to enable the licensee's bees to forage
over the licensed land for nectar or
pollen.".
38 New section 106 inserted
5 After section 105 of the Wildlife Act 1975
insert--
"106 Transitional provision--Parks and Crown
Land Legislation Amendment Act 2014
(1) A licence granted under section 16(2)(a) for
10 a purpose relating to apiculture and in force
immediately before the commencement of
Part 4 of the Parks and Crown Land
Legislation Amendment Act 2014
continues in force subject to its terms and
15 conditions on and after that commencement
until the earliest of the following occurs--
(a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
20 section 141 of the Land Act 1958 to
the holder of the licence granted under
section 16(2)(a) in respect of the same
licence area.
(2) A licence referred to in subsection (1) is
25 taken to be granted for a purpose relating to
apiculture if it permits the licensee--
(a) to keep bee hives on the licensed land;
or
(b) to enable the licensee's bees to forage
30 over the licensed land for nectar or
pollen.".
__________________
571488B.I-2/9/2014 41 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 5--National Parks Act 1975 Amended
s. 39
PART 5--NATIONAL PARKS ACT 1975 AMENDED
39 Power of Minister to grant leases not exceeding
21 years
In section 19G(1) of the National Parks Act
5 1975, for "that is described in a Schedule to this
Act" substitute "in any park or any land that is
described in Schedule Four".
40 Spent transitional provision repealed
Clause 3 of Schedule One AAA to the National
10 Parks Act 1975 is repealed.
41 New clause 10 inserted into Schedule One A
After clause 9 of Schedule One A to the National
Parks Act 1975 insert--
"10 Native title not affected by the Parks and
15 Crown Land Legislation Amendment Act
2014
(1) The amendments made to this Act by the
Parks and Crown Land Legislation
Amendment Act 2014 are not intended to
20 affect native title rights and interests.
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
or under the Native Title Act 1993 of the
25 Commonwealth.".
42 Definitions--Schedule One AA
In clause 1 of Schedule One AA to the National
Parks Act 1975 insert the following
definitions--
30 "2014 Act means the Parks and Crown Land
Legislation Amendment Act 2014;
571488B.I-2/9/2014 42 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 5--National Parks Act 1975 Amended
s. 43
2014 Act park commencement, in relation to an
area of land described in a Part in a Schedule
to this Act, the description of which is
inserted, substituted or amended by a
5 provision of the 2014 Act, means the
commencement of the provision of the 2014
Act that so inserts, substitutes or amends the
description;".
43 Spent transitional provisions repealed
10 Clauses 8, 10, 11, 13, 18 and 19 of Schedule One
AA to the National Parks Act 1975 are repealed.
44 Transitional provisions
At the end of Schedule One AA to the National
Park Act 1975 insert--
15 "PART 6--PARKS AND CROWN LAND
LEGISLATION AMENDMENT ACT 2014
21 Rights to cease--road--Dandenong
Ranges National Park
On the 2014 Act park commencement for the
20 land shown on the plan lodged in the Central
Plan Office and numbered N.P. 86/5--
(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
25 (b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
30 any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
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Parks and Crown Land Legislation Amendment Bill 2014
Part 5--National Parks Act 1975 Amended
s. 45
22 Rights to cease--roads--Murray-Sunset
National Park
On the 2014 Act park commencement for the
land shown on the plan lodged in the Central
5 Plan Office and numbered N.P. 51/4A--
(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
10 existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
15 otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
__________________".
45 National Parks
(1) In Part 6 of Schedule Two to the National Parks
20 Act 1975--
(a) for "3540 hectares" substitute "3535
hectares";
(b) after "coloured pink" insert "or coloured
yellow";
25 (c) for "N.P. 86/4" substitute "N.P. 86/5".
(2) In Part 31 of Schedule Two to the National Parks
Act 1975--
(a) for "103 875 hectares" substitute "104 015
hectares";
30 (b) omit "or coloured yellow or coloured blue";
571488B.I-2/9/2014 44 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 5--National Parks Act 1975 Amended
s. 46
(c) for "N.P. 111A/3, N.P. 111B/3, N.P. 111C/2,
N.P. 111D/2, N.P. 111E/3, N.P. 111F/1,
N.P. 111G/1, N.P. 111H/4, N.P. 111J/2 and
N.P. 111K/1" substitute "N.P. 111A/4,
5 N.P. 111B/4, N.P. 111C/3, N.P. 111D/3,
N.P. 111E/3, N.P. 111F/2, N.P. 111G/2,
N.P. 111H/4, N.P. 111J/2 and N.P. 111K/2".
(3) In Part 38 of Schedule Two to the National Parks
Act 1975--
10 (a) for "664 810 hectares" substitute "665 400
hectares";
(b) omit "or coloured green";
(c) for "N.P. 51/3A and N.P. 51/3B" substitute
"N.P. 51/4A and N.P. 51/4B".
15 46 Other Parks
In Part 15 of Schedule Three to the National
Parks Act 1975--
(a) for "4315 hectares" substitute "4320
hectares";
20 (b) omit "or coloured yellow";
(c) for "N.P. 104/2" substitute "N.P. 104/3".
__________________
571488B.I-2/9/2014 45 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 47
PART 6--OTHER AMENDMENTS AND REPEAL
Division 1--Conservation, Forests and Lands Act 1987
47 Definitions
See: In section 3(1) of the Conservation, Forests and
Act No.
5 41/1987. Lands Act 1987, in the definition of Central Plan
Reprint No. 8 Office for "Department of Environment and
as at
21 July 2011 Primary Industries" substitute "Department of
and Transport, Planning and Local Infrastructure".
amending
Act Nos
65/2011,
43/2012,
67/2013,
24/2014 and
37/2014.
LawToday:
www.
legislation.
vic.gov.au
48 Sections 33 and 34 repealed
10 Sections 33 and 34 of the Conservation, Forests
and Lands Act 1987 are repealed.
49 Sections 35 and 36 repealed
Sections 35 and 36 of the Conservation, Forests
and Lands Act 1987 are repealed.
15 50 Section 37 substituted
For section 37 of the Conservation, Forests and
Lands Act 1987 substitute--
"37 What can be included in a Code of
Practice?
20 A Code of Practice may do all or any of the
following--
(a) require any act, matter or thing to be
done, carried out or provided within a
time or in a manner specified by or to
25 the satisfaction of--
571488B.I-2/9/2014 46 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 50
(i) the Minister; or
(ii) an employee of the Department
holding a position specified by the
Minister; or
5 (iii) a member of a class of employees
of the Department specified by the
Minister;
(b) confer any discretionary power in
relation to the Code of Practice on--
10 (i) the Minister; or
(ii) an employee of the Department
holding a position specified by the
Minister; or
(iii) a member of a class of employees
15 of the Department specified by the
Minister;
(c) leave any matter or thing to be
determined by--
(i) the Minister; or
20 (ii) an employee of the Department
holding a position specified by the
Minister; or
(iii) a member of a class of employees
of the Department specified by the
25 Minister;
(d) specify the exemptions to the
requirements of the Code of Practice in
respect of which a person affected by
the Code may make an application,
30 being an exemption granted--
(i) unconditionally or on specified
conditions, including conditions--
571488B.I-2/9/2014 47 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 51
(A) to ensure that all reasonable
measures are taken to
minimise any adverse
impacts that may arise as a
5 result of granting the
exemption; and
(B) which may limit the
operation of the exemption
according to time or any
10 other circumstances; or
(ii) wholly or to any specified extent;
(e) provide that any person affected by the Code
of Practice may apply to the Minister or a
member of a class of employees of the
15 Department specified in the Code for a full
or partial exemption from a requirement of
the Code that is specified in the Code.".
51 Sections 38 and 39 substituted
For sections 38 and 39 of the Conservation,
20 Forests and Lands Act 1987 substitute--
"38 Availability of Code of Practice
The following documents must be made
available for public inspection on the website
of the Department--
25 (a) a Code of Practice;
(b) any documents incorporated in a Code
of Practice.
39 Compliance with Codes of Practice
A person or class of persons must comply
30 with a Code of Practice if the Code is
incorporated in, or adopted by, a relevant law
or a condition specified in an authority given
under a relevant law unless the person or
class of persons is exempted from complying
571488B.I-2/9/2014 48 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 52
with the requirements of the Code and is
complying with the conditions, if any, to
which the exemption granted is subject.".
Division 2--Land Conservation (Vehicle Control) Act 1972
5 52 Definitions
In section 2 of the Land Conservation (Vehicle See:
Act No.
Control) Act 1972-- 8379.
Reprint No. 1
(a) insert the following definition-- as at
9 December
"authorised officer has the same meaning as 1999 and
amending
10 it has in the Conservation, Forests Act Nos
and Lands Act 1987;"; 81/2001,
70/2013 and
(b) paragraph (d) of the definition of public land 37/2014.
LawToday:
is repealed. www.
legislation.
vic.gov.au
53 Regulations
15 In section 3(2) of the Land Conservation
(Vehicle Control) Act 1972--
(a) in paragraph (c)--
(i) for "$500" substitute "20 penalty
units";
20 (ii) for "regulations; and" substitute
"regulations;";
(b) after paragraph (c) insert--
"(ca) may confer discretions or powers or
impose duties on any specified person
25 or specified class of person;".
571488B.I-2/9/2014 49 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 54
54 Proceedings for breach of regulations
In section 4 of the Land Conservation (Vehicle
Control) Act 1972--
(a) for paragraph (c) substitute--
5 "(c) by any authorised officer.";
(b) paragraph (d) is repealed.
55 Erosion hazard areas
For the penalty at the foot of section 5(5) of the
Land Conservation (Vehicle Control) Act 1972
10 substitute--
"Penalty: 20 penalty units.".
Division 3--Mineral Resources (Sustainable Development)
Act 1990
56 Restricted Crown land
15 See:
Act No.
In clause 4BA of Schedule 3 to the Mineral
92/1990. Resources (Sustainable Development) Act 1990,
Reprint No. 9 for "and 5" substitute ", 5 and 6".
as at
1 December
2012
and
amending
Act Nos
84/2012,
70/2013,
10/2014,
17/2014,
33/2014 and
44/2014.
LawToday:
www.
legislation.
vic.gov.au
57 Restricted Crown land--Kerang Wildlife Reserve
land
20 After clause 4BA of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
insert--
571488B.I-2/9/2014 50 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 58
"4BB. Any land described in Division 4 of Part 5 of
the Fifth Schedule to the Crown Land
(Reserves) Act 1978.".
Division 4--Owner Drivers and Forestry Contractors Act
5 2005
58 Membership of the Transport Industry Council
(1) In section 56(2) of the Owner Drivers and See:
Act No.
Forestry Contractors Act 2005, for "section 49/2005.
(1)(b) or (c)" substitute "subsection (1)(b) or (c) Reprint No. 1
as at
10 or (2A)". 19 March
2009
(2) After section 56(2) of the Owner Drivers and and
amending
Forestry Contractors Act 2005 insert-- Act Nos
6/2010,
"(2A) If a nominating body under subsection (1) 21/2012 and
ceases to exist, the Minister may-- 67/2013.
LawToday:
15 (a) select an alternative body that, in the www.
legislation.
Minister's opinion, is suitably vic.gov.au
representative of the former nominating
body; and
(b) call for a nomination from that
20 alternative body; and
(c) appoint to the Transport Industry
Council a person nominated by the
alternative body in the place of a person
nominated by the former body.
25 (2B) If the Minister appoints a person nominated
by an alternative body under
subsection (2A), the Minister, as soon as
practicable after that appointment, must
publish in the Government Gazette a notice
30 setting out--
(a) the name of that alternative body; and
(b) the name of the former body that
ceased to exist.
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Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 59
(2C) A notice published under subsection (2B)
only needs to be published once in respect of
a particular alternative body.".
59 Membership of the Forestry Industry Council
5 (1) In section 59(1) of the Owner Drivers and
Forestry Contractors Act 2005--
(a) in paragraph (b), for "Department of Primary
Industries" substitute "Department of
Environment and Primary Industries";
10 (b) in paragraph (c)--
(i) in subparagraph (ii), for "Australian
Plantation Products and Paper Industry
Council Ltd (A.C.N. 005 904 898)"
substitute "Australian Forest Products
15 Association Limited ACN 008 621
510";
(ii) in subparagraph (iv), for "Victorian
Harvesting and Cartage Council"
substitute "Victorian Forest
20 Contractors Association Incorporated".
(2) In section 59(2) of the Owner Drivers and
Forestry Contractors Act 2005, for "section
(1)(b) or (c)" substitute "subsection (1)(b) or (c)
or (2A)".
25 (3) After section 59(2) of the Owner Drivers and
Forestry Contractors Act 2005 insert--
"(2A) If a nominating body under subsection (1)
ceases to exist, the Minister may--
(a) select an alternative body that, in the
30 Minister's opinion, is suitably
representative of the former nominating
body; and
(b) call for a nomination from that
alternative body; and
571488B.I-2/9/2014 52 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 60
(c) appoint to the Forestry Industry
Council a person nominated by the
alternative body in the place of a person
nominated by the former body.".
5 (2B) If the Minister appoints a person nominated
by an alternative body under
subsection (2A), the Minister, as soon as
practicable after that appointment, must
publish in the Government Gazette a notice
10 setting out--
(a) the name of that alternative body; and
(b) the name of the former body that
ceased to exist.
(2C) A notice published under subsection (2B)
15 only needs to be published once in respect of
a particular alternative body.".
Division 5--Sustainable Forests (Timber) Act 2004
60 Compliance with Codes of Practice
At the end of section 46 of the Sustainable See:
Act No.
20 Forests (Timber) Act 2004 insert-- 48/2004.
Reprint No. 2
"(2) Despite subsection (1), a person is not as at
14 March
required to comply with a Code of Practice 2014
relating to timber harvesting if the person, or and
amending
a class of persons to which the person Act Nos
25 belongs, is exempt from the operation of any 11/2014 and
37/2014.
of the requirements under the Code of LawToday:
Practice, to the extent that the person is www.
legislation.
complying with any requirements of that vic.gov.au
exemption.".
30
571488B.I-2/9/2014 53 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Part 6--Other Amendments and Repeal
s. 61
Division 6--Repeal of amending Act
61 Repeal of amending Act
This Act is repealed on 30 September 2016.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571488B.I-2/9/2014 54 BILL LA INTRODUCTION 2/9/2014
Parks and Crown Land Legislation Amendment Bill 2014
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571488B.I-2/9/2014 55 BILL LA INTRODUCTION 2/9/2014
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