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PARKS AND CROWN LAND LEGISLATION AMENDMENT BILL 2014

                 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 571488B.I-2/9/2014 7 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. 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 571488B.I-2/9/2014 8 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. 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 571488B.I-2/9/2014 9 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. 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. 571488B.I-2/9/2014 10 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. 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. 571488B.I-2/9/2014 11 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. 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-- 571488B.I-2/9/2014 12 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. 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 571488B.I-2/9/2014 13 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. 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 571488B.I-2/9/2014 14 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. 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, 571488B.I-2/9/2014 15 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. 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 571488B.I-2/9/2014 16 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. 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. 571488B.I-2/9/2014 17 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. 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. 571488B.I-2/9/2014 43 BILL LA INTRODUCTION 2/9/2014

 


 

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. 571488B.I-2/9/2014 51 BILL LA INTRODUCTION 2/9/2014

 


 

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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