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NATIONAL PARKS (OTWAYS AND OTHER AMENDMENTS) BILL 2005

           National Parks (Otways and Other
                   Amendments) Bill

                         Introduction Print

               EXPLANATORY MEMORANDUM


                                Clause Notes

                       PART 1--PRELIMINARY
Clause 1    sets out the purposes of the Act.

Clause 2    provides for the commencement of the Act.

    PART 2--AMENDMENTS TO THE NATIONAL PARKS
                    ACT 1975
Part 2 contains clauses 3-18, which amend the National Parks Act 1975.
In the explanations to those clauses, "the Act" refers to the National Parks
Act 1975, and a reference to a section or schedule is a reference to a section
or schedule of that Act.

Division 1--General Amendments to the National Parks Act 1975
Clause 3    amends section 3 by inserting definitions of several terms used in
            sections 32I-32K and 32M and 32N (see clauses 8 and 9). It also
            substitutes a new definition of "designated water supply
            catchment area" so that it will apply to specified catchment areas
            in the Great Otway National Park as well as in Kinglake and
            Yarra Ranges National Parks.

Clause 4    inserts section 29B in relation to leases of specified land at the
            Cape Otway lighthouse area after the existing Crown land reserve
            is included in the Great Otway National Park. Proposed section
            29B(1) enables the Minister to grant a lease over part of the
            area for the purposes of recreation and tourism that is consistent
            with the conservation of the heritage values of the area.
            Proposed sections 29B(3) and (4) continues several existing
            leases over land at Cape Otway. Proposed section 29B(5)
            clarifies the lessor of one of the leases and deems who the


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551283                                          BILL LA INTRODUCTION 15/6/2005

 


 

Minister referred to in that lease is after the land is incorporated in the national park. Clause 5 amends section 30I by inserting a reference to the Great Otway National Park in the list of parks over which the Minister may grant a reasonable right of access to a person whose land abuts or is surrounded by those parks. Clause 6 repeals section 32 and provisions of section 32B. Clause 6(1) repeals section 32, which currently establishes the Secretary's role in relation to the Loch Ard and Cape Otway public cemeteries. Both cemeteries are closed and will be included in Port Campbell National Park and the Great Otway National Park respectively. Clauses 6(2) and (3) repeal the provisions of section 32B relating to the granting of a lease of land in Port Campbell National Park for a surf life saving club. The provisions will be redundant after the land is excised from the park and reserved under the Crown Land (Reserves) Act 1978 (see clause 24). Clause 7 inserts a new heading to section 32H so that it refers to all designated water supply catchment areas covered by that definition (i.e. those in the Great Otway National Park as well as Kinglake and Yarra Ranges National Parks). Clauses 8 and 9 substitute sections 32I-32K, 32M and 32N. These sections, which currently apply to the designated water supply catchment areas of Kinglake and Yarra Ranges National Parks, will now also apply the designated water supply catchment areas in the Great Otway National Park. Clause 8 substitutes sections 32I-32K. Proposed new section 32I allows the Secretary to enter into agreements with the specified authorities for the management of designated water supply catchment areas within Kinglake, Yarra Ranges and Great Otway National Parks. It also specifies particular matters which must be included in any agreement and deems that the managing water authority may determine the policy for matters relating to the protection of the catchments for the purposes of water supply, maintenance of water quality and any necessary restrictions on public access for those purposes. (See also clause 14--proposed section 62A.) 2

 


 

Proposed new section 32J requires the Minister to grant a reasonable right of access to a managing water authority to enable it to access property within a designated water supply catchment area which will enable it to exercise its powers and functions with respect to that property. Proposed new section 32K enables the managing water authority to manage and control structures and installations in a designated water supply catchment area, other than those built or installed by the Secretary. This establishes a clear basis for the managing water authority to account for those assets. Clause 9 substitutes sections 32M and 32N. Proposed new section 32M establishes a process for resolving any dispute between the Secretary and the managing water authority which may arise prior to the entering into an agreement under section 32I. Proposed new section 32N allows the Minister to prohibit, regulate or control access to a part of a designated water supply catchment area where the Minister considers it necessary to prevent access to protect the area or its water resources. It is an offence not to comply with a notice issued under this section. Any such notice operates for no longer than 12 months. This enables controls to be applied pending the preparation of regulations. Clause 10 inserts sections 32P and 32Q. Together these two sections establish a process whereby the Great Ocean Road and other specified arterial roads (see section 32P(5)) may be defined. The sections will operate until 31 July 2009 to provide sufficient time for the detailed surveys which are required to be carried out. Prior to road reserves being created, Schedule 5 clause 3 of the Road Management Act 2004 will apply to the arterial roads where they are not already on defined road reserves. Section 32P provides for land that is currently within road reserves which is not required for road purposes to be added to either Port Campbell National Park or the Great Otway National Park. Section 32Q provides that land in either of the two national parks that is to be part of the defined road reserve may be excluded from those parks. 3

 


 

Clause 11 amends section 40(1AA) to enable the Minister to consent to the granting of a work authority under the Extractive Industries Development Act 1995 over Bambra Road Quarry in the Great Otway National Park. It also makes a statute law revision to section 40(6). Clause 12 repeals section 50E. This is a spent transitional provision relating to forest produce in Warby Range State Park. Clause 13 substitutes sections 61-61D for section 61. The current section 61 is a transitional provision relating to the cessation of roads which were included in several parks as a result of the National Parks (Additions and Other Amendments) Act 2004. Proposed new section 61 contains a definition of the "2005 Act" for the purpose of Part 9, in particular sections 61A-62A. Proposed section 61A continues a lease granted under the Forests Act 1958 over land that is being included in the Great Otway National Park until the end of its term. The lease may continue to be dealt with as a lease under that Act. Proposed section 61B continues grazing and other licences granted under the Land Act 1958, or the Wildlife Act 1975 until the end of their terms. A new licence may be granted to apply until 31 December 2006. Proposed section 61C provides that the lands coloured green or brown on the specified plans of Dandenong Ranges National Park or the Great Otway National Park cease to be reserved forest. Those areas coloured green will be included in the national parks, while those coloured brown will be subsequently proclaimed as roads. Proposed section 61D provides that the lands coloured yellow or orange on the specified plans cease to be roads when they are included in particular parks (section 61D(1)--Dandenong Ranges, Kinglake, Port Campbell, Great Otway and Yarra Ranges National Parks; section 61D(2)--Cape Liptrap Coastal Park). 4

 


 

Clause 14 substitutes sections 62 and 62A for section 62. The current section 62 is a spent transitional provision relating to the cessation of reserved forest arising from the National Parks (Additions and Other Amendments) Act 2004. Proposed new section 62 provides that the lands shown hatched on the plans of Dandenong Ranges National Park (section 62(1)), Kinglake National Park (section 61(2)), Great Otway National Park (section 62(3)), Yarra Ranges National Park (section 62(4)) and Warrandyte State Park (section 62(5)) are excluded from those parks until the relevant titles are surrendered to the Crown. Proposed section 62A continues a management agreement between the Secretary and Melbourne Water Corporation in relation to management of the designated water supply catchment areas in Kinglake and Yarra Ranges National Parks. Clause 15 inserts clause 3 in Schedule One A. Clause 3 includes a statement that the amendments made to the National Parks Act 1975 by the Bill are not intended to affect native title rights or interests other than where they are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth. Division 2--Amendments to particular parks Division 2 contains clauses 16-18, which amend various schedules. Please note that the new area of each park (in hectares) in the amended schedules reflects a re-calculation of the area of the whole park. Clause 16 amends Schedule Two (National Parks) in relation to the following national parks: Dandenong Ranges (clause 16(1)), Kinglake (clause 16(2)), Organ Pipes (clause 16(3)), Port Campbell (clause 16(4)), Great Otway (clause 16(5)) and Yarra Ranges (clause 16(6)). Otway National Park will be included in the Great Otway National Park. Clause 17 amends Schedule Two B (State parks) in relation to the following State parks: Angahook-Lorne (clause 17(1)), Carlisle (clause 17(2)), Melba Gully (clause 17(3)) and Warrandyte (clause 17(4)). Angahook-Lorne (with a small excision), Carlisle and Melba Gully State parks will be included in the Great Otway National Park. Clause 18 amends Schedule Three (Other Parks) by amending the description of Cape Liptrap Coastal Park to make minor adjustments regarding roads and an addition. 5

 


 

PART 3--AMENDMENTS TO OTHER ACTS Part 3 contains clauses 19-31, which amend the Crown Land (Reserves) Act 1978, Heritage Rivers Act 1992 and Fisheries Act 1995. In the explanations to those clauses, "the Act" refers to the relevant Act, and a reference to a section, Division or Part is a reference to a section, Division or Part of that Act. Amendments to the Crown Land (Reserves) Act 1978 Clause 19 amends section 3 by inserting a definition of "Melbourne Water Corporation" for the purpose of section 29F. Clause 20 inserts section 29F. This section enables the Minister to enter into an agreement with Melbourne Water Corporation for the purposes of controlling and managing various structures and installations in Beaconsfield Nature Conservation Reserve. This will enable Melbourne Water to continue to be responsible for various structures in the reserve. Clause 21 repeals sections 34 and 36. These sections are spent transitional provisions relating to the cessation of reserved forest at Deep Lead Nature Conservation Reserve (No. 1) and Deep Lead Nature Conservation Reserve (No. 2). Clause 22 amends sections 44-47 to clarify that the reserves created under those sections are permanently reserved. Clause 23 inserts section 47A. This section deems certain areas to be permanently reserved for public purposes, in particular those purposes set out in a Division of Part 5 of the Act. Clause 24 inserts section 48AA. This section contains a definition of the "2005 Act" for the purpose of proposed sections 48A and 50A-50C. Clause 25 inserts sections 48A. Proposed section 48A continues the tenancy over the Port Campbell Surf Lifesaving Club after the land is excised from Port Campbell National Park and reserved under the Act. 6

 


 

Clause 26 inserts section 50A-50C. Proposed section 50A is a transitional provision relating to the creation of Beaconsfield and Warrandyte-Kinglake Nature Conservation Reserves. Proposed section 50A(1) provides that any existing reservation of, or specified encumbrances, interests etc in, the reserves cease, any regulations applying to the land are repealed, and any licence, permit or other authority under specified Acts are not affected. Proposed section 50A(2) provides that the land coloured yellow on the plan of Beaconsfield Nature Conservation Reserve ceases to be roads. Proposed section 50B provides that the lands shown hatched on the plans of Beaconsfield and Warrandyte-Kinglake Nature Conservation Reserves are excluded from those reserves until the relevant titles are surrendered to the Crown. Proposed section 50C continues grazing licences over areas which will be included in the Warrandyte-Kinglake Nature Conservation Reserve. Clause 27 amends the Fifth Schedule. Clause 27(1) inserts descriptions of Warrandyte-Kinglake Nature Conservation Reserve and Beaconsfield Nature Conservation Reserve in Part 1. Clause 27(2) inserts Part 5 which includes the description of two miscellaneous reserves at Port Campbell. The purposes of those reserves are also specified. Amendments to the Heritage Rivers Act 1992 Clause 28 amends Schedule 1 to the Heritage Rivers Act 1992 by amending the description of the Mitchell and Wonnangatta River Heritage Area to include part of the area which was added to Mitchell River National Park in 2002. It also substitutes a description of the Aire River Heritage Area in accordance with the recommendations of the Victorian Environmental Assessment Council's Angahook-Otway Investigation Final Report. Amendments to the Fisheries Act 1995 Clauses 29-31 amend three sections of the Fisheries Act 1995 to state that various authorities granted after 7 March 2005 (the date on which the Government decided to amend the Act) do not authorise specified activities in any national, wilderness or State park, or any reference area. Clause 29 amends section 36 by inserting a new sub-section in relation to activities under an access licence. 7

 


 

Clause 30 amends section 43 by inserting a new sub-section in relation to activities under an aquaculture licence. Clause 31 amends section 49 by inserting a new sub-section in relation to specified activities under a general permit. PART 4--OTWAY FOREST PARK Part 4 contains clauses 32-38, which amend the Crown Land (Reserves) Act 1978, the Forests Act 1958 and the Sustainable Forests (Timber) Act 2004 in relation to the Otway Forest Park and related matters. Division 1--Amendments to the Crown Land (Reserves) Act 1978 In the explanations to clauses 32 and 33, "the Act" refers to the Crown Land (Reserves) Act 1978, and a reference to a section is a reference to a section of that Act. Clause 32 inserts section 18(1B). Sub-clause (1) provides that the land described in an Order made under section 42 (see clause 33) is placed under the control and management of the Secretary for the purpose of section 18A of the Forests Act 1958. This land will be the Otway Forest Park. Sub-clause (2) makes a consequential amendment to section 18(2) so that sections 13, 14, 15, 16 and 17 do not apply to that land. Clause 33 inserts a new section 42. Section 42(1) enables the Minister to recommend to the Governor in Council that any part of the specified land be a forest park on receiving a plan of the land signed by the Surveyor General and upon being satisfied that the land shown on the plan represents land that is to be a forest park. Section 42(2) enables the Governor in Council, after receiving a plan as described in section 42(1), to declare the land to be the Otway Forest Park by Order published in the Government Gazette. Section 42(3) deems, upon publication of an Order under section 42(2), the land to be permanently reserved under the Act for specified purposes. Upon publication of the Order, any reservations over any area of the land are revoked, any regulations under section 13 that applied are revoked, any land coloured yellow on the plan ceases to be a road, part of a road or road reserve, and the land is freed from all encumbrances, interests etc. (other than the leases, licences and permits specified in clause 37, which continue until their expiry). 8

 


 

Division 2--Amendments to the Forests Act 1958 and the Sustainable Forests (Timber) Act 2004 In the explanations to clauses 34-38, "the Act" refers to the Forests Act 1958, and a reference to a section is a reference to a section of that Act. Clause 34 inserts a definition of "Central Plan Office" for the purpose of section 102 (see clause 37). Clause 35 amends section 18A of the Act to provide for the management of the land referred to in section 18A(1). Clause 35(1) inserts proposed sub-section (1A). This sub-section requires the Secretary to control, manage and use the Otway Forest Park for the purposes for which it is reserved. Clause 35(2) amends section 18A(2) to specify that it applies to the Otway Forest Park. Clause 35(3) inserts sub-section (2A) which specifies the provisions of the Act, the Sustainable Forests (Timber) Act 2004 and the Safety on Public Land Act 2004 which apply to the Otway Forest Park. It specifies that Part 3 of the Sustainable Forests (Timber) Act 2004 does not apply, to clarify that the Otway Forest Park cannot be included in an allocation of timber in State forests to VicForests. Clause 35(4) substitutes sub-section (3) in relation to the application of section 51. It modifies the leasing power in section 51 so that it authorises the granting of a lease in relation to the Otway Forest Park for any purpose that is not detrimental to the purpose for which the land is reserved. Clause 35(5) inserts sub-sections (3A) and (3B). Sub-section (3A) prohibits the Secretary granting any licences under section 52(1)(a)(iv), (v), (vi) or (vii) over the Otway Forest Park for the purposes of sawlog or pulpwood production. Sub-section (3B) prohibits the Secretary using his or her powers under section 21 (1)(a), (b), (c) or (d) in relation to the Otway Forest Park for the purposes of sawlog or pulpwood production. Those provisions allow the Secretary to permit the taking or converting of any timber or other forest produce as specified in that sub-section, to take and sell any timber or forest produce, to convert any such timber into logs, sawn timber or merchantable articles or to sell and to convert any such forest produce into merchantable articles to sell. 9

 


 

Clause 36 amends section 62(1A)(d) to specify that the land referred to in section 18A is deemed to be protected public land for the purposes of the fire provisions of the Act. Clause 37 inserts a new heading and sections 101 and 102 in the Act. Section 101 provides that from the commencement of Part 4 of the National Parks (Otways and Other Amendments) Act 2005, existing leases under section 51, licences and permits under section 52, and any lease and licence under the Land Act 1958 or the Crown Land (Reserves) Act 1978 granted over the Otway Forest Park in existence immediately before that commencement continue until their expiry. The licences which continue in existence until their expiry include the five sawlog and residual log licences referred to in clause 38. Section 102 provides for the once only harvesting of pines on specified lands, being small areas of former Forests Commission plantations within the Otway Forest Park. Clause 38 amends Schedule 2 to the Sustainable Forests (Timber) Act 2004 by deleting the five specified licences from that Schedule. Schedule 2 of the Sustainable Forests (Timber) Act 2004 specifies the licences in the West of the State which are to be transferred to VicForests for it to manage those licences upon proclamation of that Schedule and associated provisions of that Act. The five licences to be deleted are sawlog and residual log licences from the area to be included in the Otway Forest Park. Those licences will continue to be managed by the Secretary under section 52 of the Act until their expiry. 10

 


 

 


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