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National Parks (Alpine National Park Grazing) Bill As Sent Print EXPLANATORY MEMORANDUM Clause Notes In the explanations to clauses 3-12, "the Act" refers to the National Parks Act 1975, a reference to a section is a reference to a section of that Act, and "park" refers to the Alpine National Park. Clause 1 sets out the purpose of the Act. Clause 2 provides for the commencement of the Act. Clause 3 amends section 3(1) by inserting a definition of "reference area" for the purposes of section 30BA. Clause 4 repeals section 22C. Section 22C currently allows cattle grazing to occur in five wilderness zones in the park. Clause 5 amends section 25A by inserting sub-section (2). Sub-section (2) prevents section 25A applying to any recommendation of the former Land Conservation Council (that is subject to a notice given under section 10(3) of the former Land Conservation Act 1970) to graze on any land in the park. Section 25A otherwise allows the Minister to grant a tenancy or licence over land in a national park to implement a recommendation that an existing use which existed before the land became a national park continues. Clause 6 inserts section 30BA. Section 30BA enables the Minister to grant to a person whose land abuts or is surrounded by the park, or who holds a licence to graze cattle on Crown land (outside the park), a reasonable right to move cattle from that land directly through the park (other than through a wilderness zone or reference area) where there is no practical alternative route outside the park. The Minister may grant the right subject to conditions and may exempt that person from any regulation applying to the park. 1 551282 BILL LA AS SENT 15/6/2005
Clause 7 repeals section 32AD. Section 32AD currently provides for the granting of licences to graze cattle in specified areas of the park, and the granting of alpine tourism licences in the park. There are 59 existing licences under section 32AD(1), 55 of which expire on 13 August 2005 and 4 on 30 June 2006. There are no existing alpine tourism licences under section 32AD(3). Clause 8 inserts section 49AA. Section 49AA defines "Alpine Grazing Act" for the purposes of sections 50O and 50P. Clause 9 inserts sections 50O and 50P. Proposed section 50O(1) continues, after sections 22C and 32AD are repealed, four specified grazing licences granted under section 32AD until 30 June 2006 (the date of their expiry). One of the licences allows grazing over an area which is part of a wilderness zone and to which section 22C applies. Sections 22C and 32AD continue to apply to those licences (as applicable) despite their repeal. Section 50O(2) defines the four specified grazing licences. Proposed section 50P states that any licence granted under section 32AD and in force immediately before the repeal of section 32AD is deemed not to be capable of being renewed. Clause 10 repeals section 55. Section 55 is a transitional provision relating to two grazing licences originally granted under section 32AD. Some of the land to which the licences applied was later included in Falls Creek Alpine Resort and then subsequently included back in the park as a result of the National Parks (Amendment) Act 2000. Clause 11 repeals section 57. Section 57 currently enables a grazing licence granted under the Land Act 1958 to apply to certain land which was included in the park as a result of the National Parks (Amendment) Act 2000. Clause 12 repeals section 58. Section 58 enables a grazing licence granted under the Forests Act 1958 to apply to certain land which was included in the park as a result of the National Parks (Amendment) Act 2000. 2