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PARKS AND CROWN LAND LEGISLATION AMENDMENT (EAST GIPPSLAND) BILL 2009

  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.

561449                                 1         BILL LA INTRODUCTION 9/11/2009

 


 

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. 2

 


 

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 3

 


 

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). 4

 


 

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 39 hectares and the excision of 07 hectares. Clause 15 amends Schedule Three (Other Parks) by inserting the description of Tara Range Park (7620 ha). 5

 


 

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. 6

 


 

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 (225 hectares). 7

 


 

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). 8

 


 

 


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