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National Parks (Point Nepean) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Act.
Clause 2 provides for the commencement of the Act. Sections 7 and 8 will
be proclaimed after the land shown hatched on the plan of Point
Nepean National Park is transferred to the Crown.
In the following explanations to clauses 3-8, a reference to a section or a
schedule is a reference to a section or a schedule of the National Parks Act
1975.
Clause 3 amends section 30.
Clause 3(1) amends section 30(1) by substituting a reference to
Point Nepean National Park as the park in relation to which the
Minister shall consult over various specified matters.
Clause 3(2) amends section 30(3) by re-describing the land at
Point Nepean (part of Defence Road) over which an easement is
granted.
Clause 4 inserts section 53. Proposed section 53 contains a definition of
"Point Nepean Act" for the purposes of proposed sections 65-67
(see clause 5).
Clause 5 inserts sections 65-67.
Proposed section 65 provides that the land coloured yellow on
the plan of Mornington Peninsula National Park ceases to be a
road when it is included in that park.
Proposed section 66 provides that the lands shown hatched on the
plans of Mornington Peninsula National Park (section 66(1)) and
Point Nepean National Park (section 66(2)) are excluded from
those parks until the relevant titles are surrendered to the Crown.
Proposed section 67 requires the Registrar of Titles to make any
amendments to the Register if requested to do so.
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551284 BILL LA INTRODUCTION 20/4/2005
Clause 6 amends Schedule Two. It substitutes a new description of
Mornington Peninsula National Park in Part 4 and inserts a new
Part 44, which describes Point Nepean National Park.
Point Nepean National Park (470 hectares) will comprise part of
the existing Mornington Peninsula National Park (the area at
Point Nepean and at South Channel Fort) and an additional area
of 205 hectares which the Commonwealth is transferring to the
State. Mornington Peninsula National Park (2680 hectares) will
comprise the remainder of the existing Mornington Peninsula
National Park together with additions totalling 23 hectares.
Clause 7 amends section 30(3) by altering the description of the land at
Point Nepean over which an easement is granted. The easement
over the section of Defence Road coloured yellow on the plan of
Point Nepean National Park will cease (see clause 8) after the
land shown hatched on the plan is transferred to the Crown.
Clause 8 inserts section 58A. Proposed section 58A removes the easement
over the section of Defence Road shown coloured yellow on the
plan of Point Nepean National Park. This will occur after the
land shown hatched on the plan is transferred to the Crown.
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