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Parks and Crown Land Legislation
Amendment (East Gippsland) Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
The primary purpose of the Bill is to amend the National Parks
Act 1975 and the Crown Land (Reserves) Act 1978 to create
new and expanded parks and reserves in East Gippsland and
elsewhere.
The Bill also makes other, related or miscellaneous amendments
to the National Parks Act 1975, the Crown Land (Reserves)
Act 1978 and the Mineral Resources (Sustainable
Development) Act 1990.
Clause 2 provides for the commencement of the Act. The provisions of
the Act come into operation on 30 September 2010 unless they
are proclaimed earlier.
PART 2--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975
Part 2 contains clauses 3 to 17, which amend the National Parks Act 1975.
In the explanations to those clauses, a reference to a section, Part or Schedule
is a reference to a provision of that Act.
Clause 3 amends several definitions in section 3(1). The amendments are
a consequence of South West Water now being part of Wannon
Water.
Clause 3(1) amends the definitions of designated water supply
catchment area and managing water authority.
Clauses 3(2) and 3(3) repeal the definitions of South West Water
and South West water supply catchment area.
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Clauses 3(4) and 3(5) insert definitions of Wannon Water and
Wannon water supply catchment area.
Clause 4 amends section 30I. Section 30I enables the Minister to grant a
reasonable right of access over a park to a person whose land
abuts or is surrounded by a specified park.
Clause 4(1) inserts paragraph (ab) in section 30I(4). The new
paragraph refers to Brisbane Ranges National Park as a park to
which section 30I applies.
Clause 4(2) inserts paragraph (ba) in section 30I(4). The new
paragraph refers to Beechworth Historic Park and Tara Range
Park as parks to which section 30I applies.
Clause 5 amends section 32I(1) by substituting Wannon Water for South
West Water as a managing water authority with which the
Secretary may enter into an agreement for the management of the
Wannon water supply catchment area within the Great Otway
National Park.
Clause 6 amends section 32M(1) by substituting Wannon Water for South
West Water. Section 32M sets out a process for resolving a
dispute about the management of a designated water supply
catchment area in the absence of a management agreement.
Clause 7 inserts section 32NA.
Proposed section 32NA(1) enables the Minister, with the
agreement of the Minister administering the Water Act 1989, to
enter into an agreement with Barwon Water for Barwon Water to
manage and control various water related structures and
installations in Brisbane Ranges National Park. These are
located in the proposed addition to the park (see clause 13(1) of
the Bill).
Proposed section 32NA(2) enables Barwon Water to operate and
do any other thing necessary to manage and control the structures
and installations specified in the agreement.
Proposed section 32NA(3) defines structures and installations.
Clause 8 amends section 37 in relation to the use of firearms and other
weapons.
Clause 8(1) amends section 37(3) by inserting a reference to the
proposed Tara Range Park as a park where the Secretary may
permit deer hunting by stalking.
Clause 8(2) amends section 37(6) by removing a reference to a
repealed provision.
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Clause 9 repeals Part VIII, which contains sections 51 and 52.
These sections created the Goolengook and Martins Creek flora
and fauna reserves under the Crown Land (Reserves) Act 1978.
Goolengook Flora and Fauna Reserve will be included in
Errinundra National Park, and Martins Creek Flora and Fauna
Reserve will be included in Martins Creek Nature Conservation
Reserve (see clause 22).
Clause 10 repeals section 61B, which is a spent transitional provision.
Clause 11 inserts Schedule One AAA (Transitional Provisions).
Schedule One AAA contains transitional provisions relating to
the creation of new and expanded parks.
Part 1--Preliminary
Proposed clause 1 defines 2009 East Gippsland Act and relevant
park commencement.
Part 2--2009 East Gippsland Act
Apiary licences and rights
Proposed clause 2 provides that any licence or permit to take
honey granted under the Forests Act 1958 or any licence or right
relating to apiary under the Land Act 1958, and in force
immediately before the relevant amendment to the National
Parks Act 1975 in relation to land in Croajingolong and Snowy
River national parks or Tara Range Park, continues until its
expiry.
Tour operator licences and permits
Proposed clause 3 provides that any tour operator licence or
permit granted under the Forests Act 1958 in respect of land in
Errinundra National Park, and in force immediately before the
relevant amendment to the National Parks Act 1975, continues
until its expiry.
Cessation of reserved forest
Proposed clause 4 provides that an area of land coloured green on
a specified plan, as listed below, ceases to be reserved forest
when it is included in the relevant park.
Plan Park
N.P. 30/7 Croajingolong NP
N.P. 31/5 Snowy River NP
N.P. 92/2 Errinundra NP
N.P. 120 Tara Range Park
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Cessation of roads
Proposed clause 5 provides that an area of land coloured yellow
on a specified plan, as listed below, ceases to be a road when it is
included in the relevant park.
Plan Park
N.P. 1/7 Brisbane Ranges NP
N.P. 30/7 Croajingolong NP
N.P. 31/5 Snowy River NP
N.P. 61/5 Grampians NP
N.P. 92/2 Errinundra NP
N.P. 105A/2 Greater Bendigo NP
N.P. 120 Tara Range Park
Land to become part of Brisbane Ranges National Park
Proposed clause 6 provides that certain land is taken not to be
part of Brisbane Ranges National Park until the title to the land is
surrendered to the Crown.
Land adjacent to certain parks
Proposed clauses 7, 8 and 9 change the status of land adjacent to
specified parks. Clauses 7 and 8 apply to sections of unused
government roads. Clause 9 applies to sections of roads that are
currently reserved forest.
Proposed clause 7(1) provides that certain land adjacent to
Croajingolong National Park is taken to be reserved forest under
the Forests Act 1958.
Proposed clause 7(2) provides that certain land adjacent to
Croajingolong National Park ceases to be part of a road.
These are unmade sections of a government road that become
either reserved forest under proposed clause 7(1) or unreserved
Crown land.
Proposed clause 8(1) provides that certain land adjacent to
Errinundra National Park is taken to be reserved forest under the
Forests Act 1958.
Proposed clause 8(2) provides that certain land adjacent to
Errinundra National Park ceases to be a road. These are unmade
sections of government roads that become reserved forest under
clause 8(1).
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Proposed clause 9 provides that certain lands adjacent to
Croajingolong National Park and Tara Range Park cease to be
reserved forest (and will then become government roads).
Clause 12 inserts item 2A in Schedule One A (Native Title not affected).
Proposed item 2A states that the amendments made to the
National Parks Act 1975 by the Bill are not intended to affect
native title rights and interests other than where they are affected
or are authorised to be affected by or under the Native Title Act
1993 of the Commonwealth.
Clause 13 amends Schedule Two (National Parks) by altering the
descriptions of the following parks.
Part of Area of
Schedule addition
Clause Two National Park (ha) +/-
13(1) Part 2 Brisbane Ranges 1187
13(2) Part 28 Croajingolong 855
13(3) Part 29 Snowy River 16 005
13(4) Part 31 Great Otway <1
13(5) Part 34 Grampians 37
13(6) Part 36 Errinundra *12 340
13(7) Part 37 Alpine** 825
13(8) Part 41 Greater Bendigo 161
13(9) Part 43 St Arnaud Range 91
* Includes existing Goolengook Flora and Fauna Reserve.
** The description of the park is also amended to exclude a
small area of freehold mapped as park.
The new total areas of some of the above parks referred to in the
park descriptions in Schedule Two have been recalculated based
on new map bases and do not reflect the arithmetic addition of
the above areas to the existing areas of the parks.
Clause 14 amends Schedule Two B (State Parks) by altering the description
of Lerderderg State Park to take into account the addition of
3·9 hectares and the excision of 0·7 hectares.
Clause 15 amends Schedule Three (Other Parks) by inserting the
description of Tara Range Park (7620 ha).
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Clause 16 amends Schedule Seven (Marine National Parks) by amending
the description of Discovery Bay Marine National Park.
The substituted plan clarifies the location of part of the boundary
of the park by defining it using coordinates instead of a fixed
distance from the high water mark.
Clause 17 amends Schedule Eight (Marine Sanctuaries) by amending the
description of Beware Reef Marine Sanctuary so that it is
consistent with those of other marine sanctuaries.
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
Part 3 contains clauses 18 to 24, which amend the Crown Land (Reserves)
Act 1978 (CLR Act). In the following explanations, a reference to a section
or Schedule or a Part or Division of a Schedule is a reference to a provision
of the CLR Act.
Clause 18 amends sections 14 and 15 by repealing two provisions made
redundant as a consequence of the earlier repeal of provisions in
the National Parks Act 1975 that enabled the National Parks
Advisory Council to act as a committee of management under the
CLR Act.
Clause 19 repeals sections 50C and 62, which are spent transitional
provisions.
Clause 20 repeals sections 65 and 67, which are spent transitional
provisions.
Clause 21 inserts the Second Schedule (Transitional Provisions).
The Second Schedule contains clauses 1 to 4, which are
transitional provisions relating to the creation of twelve nature
conservation reserves in East Gippsland and Aireys Inlet Natural
Features Reserve.
Part 1--Preliminary
Proposed clause 1 defines 2009 East Gippsland Act and relevant
reserve commencement.
Part 2--2009 East Gippsland Act
Part 2 contains transitional provisions associated with the
creation of the new reserve areas referred to above.
Proposed clause 2 provides that, despite anything to the contrary
in the CLR Act, any licence, permit or other authority under
specified Acts over the specified reserves continues.
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Proposed clause 3 provides that, on the creation of a relevant
reserve: any earlier reservation over any of the land forming the
reserve is revoked; any regulations made under section 13 of the
CLR Act that applied to the land are revoked; the land is freed
from all interests (other than any authority saved under proposed
clause 2 of the Second Schedule); and the lands coloured yellow
on the plans cease to be roads.
Proposed clause 4 provides that the committee of management
for the Aireys Inlet Recreation Reserve continues as the
committee of management for the Aireys Inlet Natural Features
Reserve.
Clause 22 amends Part 1 (Nature Conservation Reserves) of the Fifth
Schedule by inserting descriptions of twelve nature conservation
reserves in East Gippsland.
Division of
Part 1 of the Nature conservation Area (ha)
Fifth Schedule reserve +/-
15 Boggy Creek 265
16 Cobon 665
17 Combienbar 600
18 Dawson-Murrindal *3190
19 Lower Cann River 445
20 Lower Errinundra 355
21 Martins Creek **6545
22 Mount Stewart 1620
23 Thirty-two Mile 515
24 Timbarra River South 1230
25 Wingan River West 265
26 Wombat Creek 690
* Includes the existing Plum Gully Flora Reserve.
** Includes the existing Martins Creek Flora and Fauna Reserve.
Clause 23 amends Part 3 (Natural Features Reserves) of the Fifth Schedule
by inserting a description of Aireys Inlet Natural Features
Reserve (2·25 hectares).
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Clause 24 amends the Fifth Schedule.
Clause 24(1) repeals Division 3 of Part 5 of the Fifth Schedule
(Aireys Inlet Recreation Reserve).
Clause 24(2) substitutes a new description of Otway Forest Park
in Division 1 of Part 7 of the Fifth Schedule to include an
addition of 94 hectares to the park.
PART 4--AMENDMENT TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
Part 4 contains clause 25, which amends the Mineral Resources
(Sustainable Development) Act 1990 (MRSD Act).
Clause 25 amends Schedule 3 to the MRSD Act. Schedule 3 specifies the
land that is restricted Crown land. Restricted Crown land is
Crown land on which particular earth resource activities require
the consent of the Minister responsible for the Act under which
the land is controlled and managed.
Clause 25(1) inserts a reference to Aireys Inlet Natural Features
Reserve in the description of restricted Crown land.
Clause 25(2) inserts references to the twelve new nature
conservation reserves in East Gippsland in the description of
restricted Crown land.
PART 5--REPEAL OF AMENDING ACT
Clause 26 provides that the Parks and Crown Land Legislation
Amendment (East Gippsland) Act 2009 is repealed on the first
anniversary of its commencement. The repeal of the Act does
not affect in any way the continuing operation of the amendments
made by the Act (see section 15(1) of the Interpretation of
Legislation Act 1984).
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