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National Parks Amendment
(Prohibiting Cattle Grazing) Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill. The purpose of the Bill is to
amend the National Parks Act 1975 ("the National Parks Act")
to limit the introduction and use of cattle in the Alpine and River
Red Gum national parks.
The Alpine and River Red Gum national parks comprise the
Alpine National Park and Barmah, Gunbower, Hattah-Kulkyne,
Lower Goulburn, Murray-Sunset and Warby-Ovens national
parks.
Clause 2 is the commencement provision, which provides that the Bill
comes into operation on the day after the day on which the Bill
receives the Royal Assent.
Clause 3 amends section 3 of the National Parks Act by inserting a
definition of cattle to mean any animal of the species with the
scientific name Bos taurus. The scientific name describes
animals which include those commonly known as cows, heifers,
bulls and calves.
Clause 4 inserts new section 28 into the National Parks Act. The new
section limits the exercise of executive and administrative power
under the National Parks Act and the Conservation, Forests and
Lands Act 1987 ("the CFL Act") to preclude the introduction or
use of cattle in specified parks for any purpose.
More specifically, new section 28(1) provides that nothing in the
National Parks Act authorises a relevant person or body from
exercising a power or performing a function or duty under that
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Act or the CFL Act to introduce or use, or cause or authorise the
introduction or use of cattle for any purpose in the following
parks described in different Parts of Schedule Two to the
National Parks Act--
· Hattah-Kulkyne National Park (Part 9);
· Alpine National Park (Part 37);
· Murray-Sunset National Park (Part 38);
· Barmah National Park (Part 46);
· Gunbower National Park (Part 47);
· Lower Goulburn National Park (Part 48);
· Warby-Ovens National Park (Part 49).
For the purposes of new section 28(1), new section 28(2) defines
relevant person or body to mean the Minister administering the
National Parks Act ("the Minister") (except when exercising a
power under certain provisions--see below), the Secretary to the
Department of Environment, Land, Water and Planning, Parks
Victoria, a Traditional Owner Land Management Board, or any
employee, agent or contractor of such a person or body or any
person acting under the direction of such a person or body.
The restriction imposed by new section 28(1) does not apply to
the Minister when exercising a power under section 30BA, 30I
or 30L of the National Parks Act. Those provisions effectively
allow the Minister to authorise a person to move cattle through
particular parks in specified circumstances, subject to
conditions--
· section 30BA--enables the Minister to allow a person
to move cattle through the Alpine National Park where
there is no practical alternative route outside the park;
· section 30I--enables the Minister to allow a person
whose freehold land is abutting or surrounded by
Murray-Sunset, Barmah, Lower Goulburn or
Warby-Ovens national park to move cattle through
the park to allow the person to use his or her land; and
· section 30L--enables the Minister to allow a person to
move cattle through Barmah National Park to an area
surrounded by that park.
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Clause 5 provides for the repeal of the amending Act on the first
anniversary of its commencement. The repeal of the amending
Act does not affect the continuing operation of the amendments
made by it (see section 15(1) of the Interpretation of
Legislation Act 1984).
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