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Parks and Crown Land Legislation
Amendment (River Red Gums) Bill
2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill.
The primary purposes of the Bill are to--
· amend the National Parks Act 1975 and the Crown
Land (Reserves) Act 1978 to create new and expanded
parks in the River Red Gum area of northern Victoria
(Parts 2 and 3);
· amend the Forests Act 1958 to insert four strict liability
offences relating to campfires and barbeques (Part 4);
· amend the Conservation, Forests and Lands Act 1987
to provide for Traditional Owner majority boards of
management for areas of public land (Parts 5 and 6).
The Bill also makes other, miscellaneous or associated
amendments to the National Parks Act 1975, Crown Land
(Reserves) Act 1978, Forests Act 1958, Land Act 1958,
Mineral Resources (Sustainable Development) Act 1990 and
Wildlife Act 1975.
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.
561341 1 BILL LA INTRODUCTION 14/10/2009
PART 2--AMENDMENTS TO THE NATIONAL PARKS
ACT 1975
Part 2 contains clauses 3 to 23, 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 inserts a definition of recreational fishing equipment.
The definition refers to the Fisheries Act 1995 so that there is
ongoing consistency in the use of that term between the two Acts.
Clause 14 repeals the existing definition of the term in section
45A(9) of the National Parks Act 1975.
Clause 4 amends section 16A. The amendment is associated with the
amendments to the Conservation, Forests and Lands Act 1987
(CFL Act) that relate to Traditional Owner Land Management
Boards (see Part 5 of the Bill).
Proposed section 16A(2) provides that the Secretary may enter
into a management agreement with a Traditional Owner Land
Management Board for or relating to the management of any land
in a park for which the Board is appointed (under proposed
Part 8A of the CFL Act) or for the carrying out of specified
functions, powers and duties in relation to the management of
any such land.
Proposed section 16A(3) requires the Secretary, in entering into a
management agreement, to have regard to any agreement entered
into under Division 5 of proposed Part 8A of the CFL Act.
Proposed section 16A(4) contains the definitions of appointed
land and Traditional Owner Land Management Board.
Clause 5 repeals section 28. Section 28 provides for the maintenance of a
pumping station and pipeline or conduit through the park
previously known as Hattah Lakes National Park for the purpose
of bringing water to the Hattah railway station. The section is
redundant.
Clause 6 amends section 30G. Section 30G enables the Minister to grant
an authority for a person to install, operate or manage works for
the purpose of conveying water over part of a specified park.
Clause 6(1) amends the heading to section 30G.
Clause 6(2) inserts references to the following additional parks in
the list of parks to which this section applies: Murray-Sunset,
Terrick Terrick, Barmah, Gunbower, Lower Goulburn and
Warby-Ovens national parks and Murray-Kulkyne, Gadsen Bend,
Kings Billabong and Nyah-Vinifera parks.
Clause 6(3) repeals sections 30G(6) and (7), which are spent.
2
Clause 7 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 7 substitutes
section 30I(4)(a) so that the parks to which the section applies
include Kinglake, Mount Buffalo, Murray-Sunset, Barmah,
Lower Goulburn and Warby-Ovens national parks, in addition to
the parks listed in the existing paragraph (a).
Clause 8 inserts section 30L.
Section 30L(1) enables the Minister to grant a right to move
cattle through Barmah National Park along the route specified by
the Minister to an area surrounded by the park.
Section 30L(2) provides that a right granted under section 30L(1)
is subject to any conditions imposed by the Minister.
Section 30L(3) enables the Minister to exempt any person from
the regulations affecting the park for the purpose of allowing a
person to exercise a right granted under section 30L(1).
Clause 9 amends section 30M. Section 30M provides that a licence under
section 51 or 67 of the Water Act 1989 that authorises particular
works on land in the specified parks must not be issued except
with the consent of the Minister responsible for the land.
Clause 9(1) amends the heading to section 30M.
Clause 9(2) inserts references to the following additional parks in
the list of parks to which this section applies: Murray-Sunset,
Terrick Terrick, Barmah, Gunbower, Lower Goulburn and
Warby-Ovens national parks and Murray-Kulkyne, Gadsen Bend,
Kings Billabong and Nyah-Vinifera parks.
Clause 10 repeals section 32E, which relates to Barmah State Park and will
become redundant when that park is incorporated in Barmah
National Park.
Clause 11 repeals section 32F, which relates to Barmah State Park and will
become redundant when that park is incorporated in Barmah
National Park.
Clause 12 repeals section 32G, which relates to Barmah State Park and will
become redundant when that park is incorporated in Barmah
National Park.
Clause 13 inserts section 48B. Section 48B enables a notice under the Act
describing land to refer to a plan lodged in the Central Plan
Office. This will assist in describing land that is designated
under section 32D as land on which searching for minerals is
permitted.
3
Clause 14 repeals section 45A(9), which defines recreational fishing
equipment. This term will now be defined in section 3(1) by
reference to the Fisheries Act 1995 (see clause 3 of the Bill).
Clause 15 repeals section 74, which is a spent transitional provision.
Clause 16 repeals section 75, which is a spent transitional provision.
Clause 17 inserts clause 6 in Schedule One A (Native Title not affected).
Proposed clause 6 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 18 inserts Schedule One AA. Schedule One AA contains
transitional provisions relating to the creation of new and
expanded parks.
PART 1--PRELIMINARY
Proposed clause 1 defines 2009 River Red Gums Act and
relevant park commencement for the purpose of the Schedule.
PART 2--2009 RIVER RED GUMS ACT
Firewood permits
Proposed clause 2 enables forest produce that was felled in
designated areas of Barmah and Gunbower national parks under a
licence that expired on or before 30 June 2009 to be cut and taken
away until 30 June 2011 for use for domestic and camping
purposes outside the parks.
Proposed clause 2(1) provides that any permit in force
immediately before the creation of the relevant park and granted
under section 52 of the Forests Act 1958 to cut and take away
firewood from the felled forest produce referred to above
continues. Proposed clause 2(2) provides that any such permit
continues until no later than 30 June 2011.
Proposed clause 2(3) enables a new permit to be granted under
section 52 of the Forests Act 1958 to cut and take away felled
forest produce for firewood in any part of a designated area of
Barmah or Gunbower national parks. Proposed clause 2(4)
provides that any such licence or permit continues until no later
than 30 June 2011.
4
Proposed clause 2(5) enables the Secretary to cut and take away,
or authorise to be cut and taken away on the Secretary's behalf,
firewood from the felled forest produce in Barmah or Gunbower
national parks. Proposed clause 2(6) provides that any such
authorisation continues until no later than 30 June 2011.
Proposed clause 2(7) defines designated area, earlier licence and
relevant park for the purpose of this clause.
Grazing licences
Proposed clause 3 enables existing grazing licences or permits to
continue over any part of Murray-Sunset, Terrick Terrick,
Barmah, Gunbower, Lower Goulburn and Warby-Ovens national
parks and Gadsen Bend and Nyah-Vinifera parks until no later
than 30 September 2014.
Proposed clauses 3(1) and 3(2) provide that any grazing licence
or permit granted under section 52 of the Forests Act 1958 or
any grazing licence granted under section 130 of the Land Act
1958 and in force immediately before the relevant amendment to
the National Parks Act 1975 continues until its expiry.
Proposed clauses 3(3) and 3(4) provide that grazing licences or
permits may continue to be granted under section 52 of the
Forests Act 1958 and section 130 of the Land Act 1958 in
relation to the land over which a licence or permit has been
continued under clause 3(1) or 3(2).
Proposed clause 3(5) provides that any licence or permit subject
to clause 3(3) or 3(4) is in force until no later than 30 September
2014.
Apiary licences and rights
Proposed clauses 4(1) and 4(2) provide that any licence or permit
to take honey granted under section 52 of the Forests Act 1958
and any licence for a bee farm or a bee range area or an apiary
right granted under the Land Act 1958 and in force immediately
before the relevant amendment to the National Parks Act 1975
in relation to land in Murray-Sunset, Barmah, Gunbower, Lower
Goulburn and Warby-Ovens national parks and Murray-Kulkyne,
Gadsen Bend, Kings Billabong and Nyah-Vinifera parks
continues until its expiry.
Miscellaneous licences
Proposed clause 5(1) provides that any licence granted under
section 52 of the Forests Act 1958 for the purposes of a pump,
levee bank and cultivation in respect of land in Gunbower
National Park, and that is in force immediately before the
creation of that park, continues until its expiry. Proposed clause
5
5(2) provides that a new licence may be granted over the same
land for the same purposes after the creation of the park.
Proposed clause 5(3) provides that any licence in force under
clause 5(2) continues over that land until no later than
30 September 2014.
Proposed clause 6 provides that any licence granted under
section 52 of the Forests Act 1958 for the purposes of equestrian
activities on land in Nyah-Vinifera Park, and in force
immediately before the creation of the park, continues until its
expiry.
Proposed clause 7 provides that any licence granted under
section 138 of the Land Act 1958 in respect of Barmah or Lower
Goulburn national parks or Gadsen Bend Park and in force
immediately before the creation of the park, continues until its
expiry.
Tour operator licences and permits
Proposed clause 8 provides that any tour operator licence or
permit granted under the Crown Land (Reserves) Act 1978,
Forests Act 1958 or Land Act 1958 in respect of land in
Barmah, Gunbower and Warby-Ovens national parks, and in
force immediately before the relevant amendment to the
National Parks Act 1975 continues until its expiry.
Cessation of reserved forest
Proposed clause 9 provides that the lands delineated and coloured
green or coloured brown on the specified plans of the relevant
parks, as listed below, cease to be reserved forest. The areas
coloured green become part of the relevant park. The areas of
reserved forest coloured brown are sections of roads adjoining
Barmah, Gunbower and Lower Goulburn national parks and
Nyah-Vinifera Park that become unreserved Crown land and
subsequently parts of government roads.
Plan number Park
N.P. 6/2 Hattah-Kulkyne NP
N.P. 50/3 Murray-Kulkyne Park
N.P. 51/3A Murray-Sunset NP
N.P. 97/1 Leaghur SP
N.P. 113 Barmah NP
N.P. 114 Gunbower NP
N.P. 115 Lower Goulburn NP
6
Plan number Park
N.P. 116A Warby-Ovens NP
N.P. 116B Warby-Ovens NP
N.P. 117 Gadsen Bend Park
N.P. 119 Nyah-Vinifera Park
Cessation of roads
Proposed clause 10 provides that the lands delineated and
coloured yellow on the specified plans of the relevant parks cease
to be roads when the land becomes part of a park.
Plan number Park
N.P. 6/2 Hattah-Kulkyne NP
N.P. 28A Mount Buffalo NP
N.P. 50/3 Murray-Kulkyne Park
N.P. 51/3A Murray-Sunset NP
N.P. 51/3B Murray-Sunset NP
N.P. 97/1 Leaghur SP
N.P. 113 Barmah NP
N.P. 115 Lower Goulburn NP
N.P. 116A Warby-Ovens NP
N.P. 116B Warby-Ovens NP
N.P. 117 Gadsen Bend Park
N.P. 119 Nyah-Vinifera Park
Clause 19 amends Schedule Two (National Parks) by altering the
descriptions of the following parks.
Part of
Clause Schedule Two National Park
19(1) Part 9 Hattah-Kulkyne
19(2) Part 17 Mount Buffalo
19(3) Part 38 Murray-Sunset
19(4) Part 40 Terrick Terrick
7
Clause 20 amends Schedule Two (National Parks) by inserting the
descriptions of Barmah, Gunbower, Lower Goulburn and Warby-
Ovens national parks.
Clause 21 amends Schedule Two B (State Parks) by repealing the
descriptions of Barmah State Park (which is included in Barmah
National Park) and Warby Range State Park (which is included in
Warby-Ovens National Park) and altering the description of
Leaghur State Park.
Clause 22 amends Schedule Three (Other Parks) by altering the description
of Murray-Kulkyne Park.
Clause 23 amends Schedule Three (Other Parks) by inserting descriptions
of Gadsen Bend, Kings Billabong and Nyah-Vinifera parks.
PART 3--AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
Part 3 contains clauses 24 to 32, which amend the Crown Land (Reserves)
Act 1978 (CLR Act). In the following explanations, a reference to a section,
Division, Part or Schedule or a Part or Division of a Schedule is a reference
to a provision of the CLR Act.
Clause 24 amends section 3 by inserting a definition of Goulburn-Murray
Water. This term is used in section 63F(d) (see clause 31 of the
Bill).
Clause 25 amends section 18B. The amendment is associated with the
amendments to the Conservation, Forests and Lands Act 1987
(CLF Act) that relate to Traditional Owner Land Management
Boards (see Part 5 of the Bill).
Proposed section 18B(2) provides that the Secretary may enter
into a management agreement with a Traditional Owner Land
Management Board for or relating to the management of any
reserved land under the CLR Act for which the Board is
appointed (under proposed Part 8A of the CFL Act) or for the
carrying out of specified functions, duties or powers in relation to
the management of any such land.
Proposed section 18B(3) requires the Secretary, in entering into a
management agreement, to have regard to any agreement entered
into under Division 5 of proposed Part 8A of the CFL Act.
Proposed section 18B(4) contains the definitions of appointed
land and Traditional Owner Land Management Board.
8
Clause 26 amends section 29G. Section 29G enables an authority (within
the meaning of the Water Act 1989), by agreement, to manage
and control specified water-related structures and installations in
specified parks.
Clause 26(1) amends the heading to section 29G.
Clause 26(2) amends section 29G so that the provision also
applies to existing drainage basins and to the Murray River Park.
Clause 26(3) inserts references to Kerang and Shepparton
regional parks in the list of parks to which the section applies.
Clause 27 inserts section 29HA. Proposed section 29HA requires that a
licence under section 51 or 67 of the Water Act 1989 that
authorises particular works on land in the Murray River Park
must not be issued except with the consent of the Minister
responsible for the land.
Clause 28 inserts sections 29IA, 29IB and 29IC.
Proposed section 29IA requires that a licence under section 51
or 67 of the Water Act 1989 that authorises particular works on
land in Kerang and Shepparton regional parks must not be issued
except with the consent of the Minister responsible for the land.
Proposed section 29IB(1) provides that permits may continue to
be granted under section 52 of the Forests Act 1958 to enable
firewood to be cut in Shepparton Regional Park and taken away
for domestic or camping purposes outside the park.
Proposed section 29IB(2) provides that the Secretary may cut and
take away, or authorise to be cut and taken away, firewood in
Shepparton Regional Park.
Proposed sections 29IC(1) and 29IC(2) provide that grazing
licences or permits may continue to be granted under section 52
of the Forests Act 1958 or section 130 of the Land Act 1958 in
relation to land over which a licence or permit has been
continued in Kerang and Shepparton regional parks.
Proposed section 29IC(3) provides that any licence in force
under section 29IC(1) or 29IC(2) continues until no later than
30 September 2014.
Clause 29 amends section 47B by adding subsection (2). Subsection (2)
provides that, for the land shown stippled on a plan of the Murray
River Park, the purposes for which the land was reserved
immediately prior to the creation of the park apply in addition to
those applying to regional parks under section 47B(1).
9
Clause 30 inserts section 47BA, which creates the Murray River Park.
Proposed section 47BA(1) provides that the Minister may
recommend to the Governor in Council that any part of the
specified (Crown) land on the plans lodged in the Central Plan
Office and any (Crown) land that is adjoining or in close
proximity to that land that is reasonably required for the purposes
of a regional park be a regional park known as the Murray River
Park.
Proposed section 47BA(2) provides that the Minister may make a
recommendation under section 47BA(1) on receiving plans
signed by the Surveyor-General and being satisfied that the land
is reasonably required for the purposes of a regional park.
Proposed section 47BA(3) provides that, on receiving a
recommendation from the Minister, the Governor in Council, by
Order published in the Government Gazette, may declare the land
to be a regional park to be known as the Murray River Park.
Proposed section 47BA(4) provides that, on publication of the
Order, the Murray River Park is deemed to be permanently
reserved for public purposes applying to regional parks (as
specified in section 47B of the CLR Act).
Proposed section 47BA(5) provides that, on publication of the
Order, any land coloured orange on the plans is deemed to be
reserved forest within the meaning of the Forests Act 1958.
Clause 31 inserts Division 5A (Further transitional provisions--2009 River
Red Gums Act) in Part 6. Division 5A contains sections 63 and
63A to 63F, which are transitional provisions associated with the
creation of the Murray River Park and the Kerang and
Shepparton regional parks.
Proposed section 63 contains the definitions of 2009 River Red
Gums Act, Murray River Park and relevant reserve
commencement.
Proposed section 63A(1) provides that, on the publication of the
Order under section 47BA(3) creating the Murray River Park--
· any earlier reservation over the land shown on a plan
referred to in the Order (other than land shown stippled)
is revoked;
· the land shown on the plan included in the park,
together with any land coloured orange, is freed from all
interests (other than any lease, licence, permit or other
authority saved under paragraph (e));
10
· any regulations made under section 13 of the CLR Act
that applied to the land included in the park are revoked
(other than any regulations applying to land where an
existing committee of management continues);
· any land shown coloured yellow ceases to be a road;
· any existing relevant authority over the park and the
areas coloured orange in force immediately before the
creation of the reserve areas continues; and
· a committee of management appointed for any specified
land continues as the committee of management for that
land.
Proposed section 63A(2) defines relevant authority for the
purposes of section 63A. A relevant authority is a lease, licence,
permit or other authority under a specified Act.
Proposed section 63B(1) provides that, despite the creation of the
Murray River Park, permits may continue to be granted under
section 52 of the Forests Act 1958 to enable firewood to be cut
in the Murray River Park and taken away for domestic or
camping purposes outside the park.
Proposed section 63B(2) provides that the Secretary may cut and
take away, or authorise to be cut and taken away, firewood in the
Murray River Park.
Proposed sections 63C(1) and 63C(2) provide that grazing
licences and permits may continue to be granted under the
Forests Act 1958 and the Land Act 1958 over land in the
Murray River Park in relation to which a licence has been
continued under section 63A(1). Proposed section 63C(3)
provides that any such licence continues until no later than
30 September 2014.
Proposed section 63D provides that certain land is taken not to be
part of Kerang Regional Park until the title to that land is
surrendered to the Crown.
Proposed section 63E provides that, despite anything contrary in
the Act, any licence, permit or other authority under specified
Acts over Kerang and Shepparton regional parks continues.
Proposed section 63F provides that, on the creation of Kerang
and Shepparton regional parks--
· any earlier reservation over any of the land forming the
parks is revoked;
11
· 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 licence, permit or other
authority saved under section 63E);
· any part of the land shown coloured blue on the plan for
Kerang Regional Park that was vested in Goulburn-
Murray Water is divested from that authority; and
· the lands coloured yellow on the plans cease to be
roads.
Clause 32 amends Part 4A (Regional Parks) of the Fifth Schedule by
inserting descriptions of the Murray River Park (clause 32(1))
and Kerang and Shepparton regional parks (clause 32(2)).
PART 4--AMENDMENT TO THE FORESTS ACT 1958
Part 4 contains clauses 33 to 36, which amend the Forests Act 1958. In the
following explanations, a reference to a section is a reference to a section of
that Act.
Clause 33 amends section 3 by including definitions of: campfire or
barbeque; liquid fuel, gaseous fuel or chemical solid fuel; and
solid fuel.
Clause 34 inserts section 28. The amendment is associated with the
amendments to the Conservation, Forests and Lands Act 1987
that relate to Traditional Owner Land Management Boards
(see Part 5 of the Bill).
Proposed section 28(1) provides that the Secretary may enter into
a management agreement with a Traditional Owner Land
Management Board for or relating to the management of any
reserved forest for which the board is appointed (under proposed
Part 8A of the CFL Act) or for the carrying out of specified
functions, duties or powers in relation to the management of any
such land.
Proposed section 28(2) requires the Secretary, in entering into a
management agreement, to have regard to any agreement entered
into under Division 5 of proposed Part 8A of the CFL Act.
Proposed section 28(3) contains the definitions of appointed land
and Traditional Owner Land Management Board.
Clause 35 inserts section 52A. Proposed section 52A provides that the
Minister may enter into an arrangement for a person to issue
domestic firewood permits on behalf of the Minister.
12
Clause 36 inserts sections 66A, 66B and 66C. These sections contain four
strict liability offences relating to campfires and barbeques in any
State forest, protected public land or national park (within the
meaning of the Forests Act 1958). These will be prescribed as
infringeable offences under the Conservation, Forests and Lands
(Infringement Notice) Regulations 2002. The maximum
penalties for the new offences inserted by clause 36 are
comparable to the maximum penalty units that apply to similar
offences currently in the Forests (Fire Protection) Regulations
2004.
Proposed section 66A(1) provides that a person in charge of a
campfire or barbeque using solid fuel and that is in the open air in
a regulated fire area must not be outside the line of sight of the
campfire or barbeque or be more than 50 metres from the
perimeter of the campfire or barbeque.
Proposed section 66A(2) defines regulated fire area for the
purpose of sections 66A, 66B and 66C to mean any State forest,
protected public land or national park (within the meaning of the
Forests Act 1958).
Proposed section 66B(1) provides that a person must not light,
kindle or maintain a campfire or barbeque, that uses solid fuel
and that is in the open air in a regulated fire area, unless the
ground and airspace within a distance of 3 metres from the outer
perimeter and uppermost point of the fire are clear of flammable
material.
Proposed section 66B(2) provides that a person must not light,
kindle or maintain a campfire or barbeque, that uses liquid fuel,
gaseous fuel or chemical solid fuel and that is in the open air in a
regulated fire area, unless the ground and airspace within a
distance of 1.5 metres from the outer perimeter and uppermost
point of the fire are clear of flammable material.
Proposed section 66C(1) provides that it is an offence for a
person to light, kindle or maintain a campfire or barbeque, that
uses solid fuel and that is in the open air in a regulated fire area if
the area of the campfire or barbeque is more than one square
metre or if a dimension of any piece of solid fuel that is being
used in the campfire or barbeque is more than one metre.
Proposed section 66C(2) provides that an authorised officer may
give an authorisation in writing for the purpose of subsection (1).
13
PART 5--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987
Part 5 contains clauses 37 and 38, which amend the Conservation, Forests
and Lands Act 1987 (CFL Act). In the following explanations, a reference
to a section, Division, Part or Schedule is a reference to a provision of that
Act. A reference to a Board is to a Traditional Owner Land Management
Board.
Clause 37 amends section 3(1) by inserting definitions of Central Plan
Office and Traditional Owner Land Management Board.
Clause 38 inserts Part 8A (Traditional Owner Land Management Boards).
Proposed Part 8A contains Divisions 1 to 6, which contain
sections 82A to 82R.
Division 1--Definitions
Proposed section 82A contains definitions of appointed land,
public land, relevant land Minister, traditional owner group and
traditional owner group entity.
Division 2--Constitution of Traditional Owner Land
Management Boards
Proposed section 82B provides for the establishment of a
Traditional Owner Land Management Board for any public land
(as defined in proposed Part 8A).
Proposed section 82B(1) provides that the Minister, by
determination, may establish a Board for any public land.
Proposed section 82B(2) requires the Minister, before
establishing a Board, to obtain the consent of the Minister
administering the Act under which the land is managed if the
Minister administering the CFL Act is not that Minister.
Proposed section 82B(3) requires the Minister, in establishing a
Board, to have regard to any agreement with a traditional owner
group entity for the land entered into under Division 5 of
proposed Part 8A.
Proposed section 82B(4) requires the determination establishing
a Board to be published in the Government Gazette.
The determination has effect on publication in the Gazette.
Proposed section 82B(5) requires the determination to specify the
land in relation to which a Board is appointed and describe the
role of the Board in relation to the land and the functions, powers
and duties that the Board is to have in relation to the land.
14
Proposed section 82C specifies the status of any Board.
Proposed section 82D applies the Public Administration Act
2004 to any Board as if that Board were a public entity, but not a
small entity within the meaning of that Act. A small entity has
limited public functions or a limited advisory role.
Proposed section 82E specifies that a Board is established with
the objective of enabling the knowledge and culture of the
traditional owner group of the public land for which the Board is
appointed to be recognised in the management of the land.
Proposed section 82F provides for the variation of certain matters
relating to a Board.
Proposed section 82F(1) provides that the Minister may, by
determination, vary the public land for which a Board is
appointed and the description of the role that the board is to
undertake in relation to the land and the functions, powers and
duties that the Board is to have.
Proposed section 82F(2) requires the Minister, before making a
variation, to obtain the consent of the Minister administering the
Act under which the land is managed if the Minister
administering the CFL Act is not that Minister.
Proposed section 82F(3) requires the Minister, in making a
variation, to have regard to any agreement entered into under
Division 5 of proposed Part 8A.
Proposed section 82F(4) requires any determination to be
published in the Government Gazette. The determination has
effect on publication in the Gazette.
Proposed section 82G provides for abolition of a Board.
Proposed section 82G(1) provides that the Minister may, by
determination, abolish a Board.
Proposed section 82G(2) provides that the Minister must not
abolish a Board unless the Minister has first consulted with the
traditional owner group entity of the relevant land.
Proposed section 82G(3) provides that, before abolishing a
Board, the Minister must consult with the Minister administering
the Act under which the land is managed if the Minister
administering the CFL Act is not that Minister.
Proposed section 82G(4) requires the Minister, in abolishing a
Board, to have regard to any agreement with a traditional owner
group entity for the land entered into under Division 5 of
proposed Part 8A.
15
Proposed section 82G(5) requires a determination abolishing
a Board to be published in the Government Gazette.
The determination has effect on being published in the Gazette.
Proposed section 82G(6) states that Schedule 4, which contains
transitional provisions (see Part 6 of the Bill), has effect with
respect to any determination that abolishes a Board.
Division 3--Functions, powers and duties of Traditional
Owner Land Management Boards
Proposed section 82H sets out the management functions of a
Board, namely those management functions that are conferred on
the Board by agreement under the Act under which the appointed
land is managed, and those management functions that are
delegated to the Board by the person who has those management
functions.
Proposed section 82I sets out the powers and duties of a Board.
Proposed section 82I(1) enables a Board, if so specified by the
Minister in a determination, to employ staff, enter into
arrangements or agreements for the carrying out of its functions
or duties, carry out works on the appointed land and delegate any
of its functions, powers and duties to a member or employee of
the Board. A Board may act as a delegate or agent of a person or
body who has management functions, powers or duties in relation
to the appointed land and may do all things that are necessary or
convenient to be done for or in connection with carrying out its
functions, powers and duties.
Proposed section 82I(2) sets out the duties of a Board. A Board
has the duties that are conferred on it, by agreement, or by or
under the CFL Act or any other Act, or that are delegated to the
Board.
Proposed section 82J states that any power, function or duty that
a Board has is subject to the provisions of the Act under which
the appointed land is managed.
Division 4--Description, membership and procedure
Proposed section 82K requires the Minister to specify the name
of a Board in the determination that establishes the Board (see
proposed section 82B).
Proposed section 82L requires the Minister to specify in the
determination establishing a Board various matters relating to
membership of the Board.
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Proposed section 82M provides for the appointment and
dismissal of members of a Board.
Proposed section 82M(1) provides that members of a Board are
appointed by the Minister by determination published in the
Government Gazette.
Proposed section 82M(2) provides that a member of a Board may
be dismissed by the Minister by determination published in the
Government Gazette.
Proposed section 82M(3) requires the Minister, in making
appointments, to ensure that a majority of the positions are
occupied by persons nominated by the traditional owner group
entity of the appointed land and that the members have the
qualifications, attributes, skills and experience that are relevant to
the operation of the Board.
Proposed section 82M(4) requires the Minister, in dismissing a
member, to have regard to any agreement entered into under
Division 5 of proposed Part 8A.
Proposed section 82N specifies when a member of a Board
ceases to hold office.
Proposed section 82O requires the Minister to specify various
matters relating to the procedures of a Board in the determination
establishing a Board (see proposed section 82B).
Division 5--Agreements as to Traditional Owner Land
Management Boards
Proposed section 82P(1) provides that if there is a proposal to
establish a Board for an area of public land or to vary the
management functions, powers and duties of a Board, the
Minister may enter into an agreement with a traditional owner
group entity for the land or any other relevant person for the
purpose of facilitating the proposal.
Proposed section 82P(2) requires the Minister, before entering
into such an agreement, to obtain the consent of the Minister
administering the Act under which the land is managed, if the
Minister administering the CFL Act is not that Minister.
Proposed section 82P(3) provides that an agreement may deal
with any matters that are related or incidental to the
establishment or operation of a Board.
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Division 6--General
Proposed sections 82Q(1) and 82Q(2) provide that, where land
for which a Board has been appointed under proposed Part 8A is
land under the Crown Land (Reserves) Act 1978, Forests Act
1958, Land Act 1958, National Parks Act 1975 or Wildlife Act
1975, the Minister administering the Act under which the land is
managed or the Secretary to the Department of Sustainability and
Environment may delegate any of the Minister's or Secretary's
functions, powers and duties under that Act to the Board or an
employee of the Board for the purpose of the performance or
exercise by the Board or employee of that function, power or
duty in managing the land for which the Board is appointed.
Proposed section 82R provides that a determination under
proposed Part 8A may describe land by reference to a plan signed
by the Surveyor-General attached to the determination or lodged
in the Central Plan Office.
PART 6--INSERTION OF NEW SCHEDULE IN THE
CONSERVATION, FORESTS AND LANDS ACT 1987
Part 6 contains clause 39, which amends the Conservation, Forests and
Lands Act 1987 (CFL Act)
Clause 39 inserts proposed Schedule 4 in the CFL Act. Schedule 4 contains
the transitional provisions applying on the abolition of a
Traditional Owner Land Management Board.
Proposed clause 1 contains the definition of old board.
Proposed clause 2 provides, on the making of a determination
that abolishes a Board, that any rights, property and assets of the
old board are deemed to be vested in the Secretary, and that any
debts, liabilities and obligations of the old board arising out of
any vesting of rights, property and assets are deemed to be the
debts, liabilities and obligations of the Secretary. It also provides
that the Secretary is substituted as a party to any arrangement or
contract entered into by or on behalf of the old board arising out
of any vesting of rights, property or assets in the Secretary.
Proposed clause 3 requires the Registrar of Titles to make any
consequential recordings in or amendments to the Register under
the Transfer of Land Act 1958.
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PART 7--AMENDMENT OF THE LAND ACT 1958
Part 7 contains clause 40, which amends the Land Act 1958.
Clause 40 inserts proposed section 4B in the Land Act 1958.
The amendment is associated with the amendments to the
Conservation, Forests and Lands Act 1987 that relate to
Traditional Owner Land Management Boards (see Part 5 of the
Bill).
Proposed section 4B(1) provides that the Secretary may enter into
a management agreement with a Traditional Owner Land
Management Board for or relating to the management of any
unreserved Crown land under the Land Act 1958 for which the
Board is appointed (under proposed Part 8A of the CFL Act) or
for the carrying out of specified functions, duties or powers in
relation to the management of any such land.
Proposed section 4B(2) requires the Secretary, in entering into a
management agreement, to have regard to any agreement entered
into under Division 5 of proposed Part 8A of the CFL Act.
Proposed section 4B(3) contains the definitions of appointed
land and Traditional Owner Land Management Board.
PART 8--AMENDMENT OF THE WILDLIFE ACT 1975
Part 8 contains clause 41, which amends the Wildlife Act 1975.
Clause 41 inserts proposed section 18A in the Wildlife Act 1975.
The amendment is associated with the amendments to the
Conservation, Forests and Lands Act 1987 that relate to
Traditional Owner Land Management Boards (see Part 5 of the
Bill).
Proposed section 18A(1) provides that the Secretary may enter
into a management agreement with a Traditional Owner Land
Management Board for or relating to the management of any land
in a State Wildlife Reserve or Nature Reserve for which the
Board is appointed (under proposed Part 8A of the CFL Act) or
for the carrying out of specified functions, duties or powers in
relation to the management of any such land.
Proposed section 18A(2) requires the Secretary, in entering into a
management agreement, to have regard to any agreement entered
into under Division 5 of proposed Part 8A of the CFL Act.
Proposed section 18A(3) contains the definitions of appointed
land and Traditional Owner Land Management Board.
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PART 9--AMENDMENT TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
Part 9 contains clause 42, which amends the Mineral Resources
(Sustainable Development) Act 1990 (MRSD Act).
Clause 42 amends Schedule 3 to the MRSD Act, which 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 42(1) amends the definition of relevant recommendation
(which forms part of the basis for determining whether Crown
land is restricted Crown land) to include recommendations that
propose that land be reserved for the purposes of "wildlife areas".
The clause also clarifies the wording of paragraph (f).
Clause 42(2) amends the definition of relevant recommendation
by omitting the reference to the River Murray Reserve.
Clause 42(3) inserts a reference to the Murray River Park in the
description of the land specified to be restricted Crown land.
Clause 42(4) inserts reference to Kerang and Shepparton regional
parks in the description of the land specified to be restricted
Crown land.
PART 10--REPEAL OF AMENDING ACT
Clause 43 provides that the Parks and Crown Land Legislation
Amendment (River Red Gums) 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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