Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Crown Land Legislation Amendment (Canadian
Regional Park and Other Matters) Act 2016
No. 12 of 2016
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Creation of Canadian Regional Park, Hepburn Regional
Park, Kerang State Wildlife Reserve and other amendments 3
Division 1—Crown Land (Reserves) Act 1978 3
3 New section 47E inserted 3
4 New Part 5 inserted into Second Schedule 4
5 Macedon Regional Park 11
6 New Division 6 inserted into Part 4A of the Fifth Schedule 11
7 New Division 7 inserted into Part 4A of the Fifth Schedule 11
8 New Division 4 inserted into Part 5 of the Fifth Schedule 12
9 Otway Forest Park 12
10 Cobboboonee Forest Park 12
Division 2—Consequential amendments 13
11 Restricted Crown land—Canadian Regional Park 13
12 Restricted Crown land—Hepburn Regional Park 13
13 Restricted Crown land—Kerang State Wildlife Reserve 13
Part 3—Bee site licences amendments 14
Division 1—Land Act 1958 14
14 Definitions 14
15 Heading preceding section 141 substituted 14
16 Sections 141 to 149 substituted 14
17 New sections 417 to 419 inserted 25
18 Penalty for unauthorized occupation or depasturing on certain
lands 27
Division 2—Crown Land (Reserves) Act 1978 27
19 New sections 17H, 17I and 17J inserted 27
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Division 3—Forests Act 1958 29
20 Definitions 29
21 Forest produce is property of the Crown 29
22 Heading to section 41 inserted and section 41 amended 29
23 Reserved forests 29
24 Licences and permits with respect to forests 30
25 Power to direct route for removal etc. of forest produce 30
26 New section 104 inserted 30
Division 4—Livestock Disease Control Act 1994 31
27 Abandoned hives 31
Division 5—National Parks Act 1975 33
28 Management agreements with Trust for Nature 33
29 Minister may make management agreements with public
authorities 33
30 Leasing and managing of land adjacent to parks 33
31 Order that land to be treated as a park for certain purposes 34
32 Secretary may grant certain permits etc. 34
33 Trades and businesses not to be carried on in parks unless
authorised 34
34 Transitional provisions 35
35 Schedule Four amended 35
Division 6—Wildlife Act 1975 37
36 Secretary to manage State Wildlife Reserves 37
37 New section 106 inserted 38
Part 4—National, State and other parks amendments 39
38 Native title not affected 39
39 New definitions inserted into Schedule One AA 39
40 New Part 6 inserted into Schedule One AA 40
41 National parks 42
42 State parks 43
43 Other parks 44
Part 5—Repeal of amending Act 45
44 Repeal of amending Act 45
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Endnotes 46
1 General information 46
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016 †
No. 12 of 2016
[Assented to 5 April 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Crown Land (Reserves)
Act 1978 to provide for the creation of
Canadian Regional Park, Hepburn Regional
Park and Kerang State Wildlife Reserve; and
Victoria
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Part 1—Preliminary
Crown Land Legislation Amendment (Canadian Regional Park and Other
Matters) Act 2016
No. 12 of 2016
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Authorised by the Chief Parliamentary Counsel
(b) to amend the Land Act 1958 to provide for
bee site licences; and
(c) to amend the National Parks Act 1975 to
alter the boundaries of several parks; and
(d) to make consequential and other
amendments to these and other Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2016, it comes into
operation on that day.
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Part 2—Creation of Canadian Regional Park, Hepburn Regional Park,
Kerang State Wildlife Reserve and other amendments
Crown Land Legislation Amendment (Canadian Regional Park and Other
Matters) Act 2016
No. 12 of 2016
3
Authorised by the Chief Parliamentary Counsel
Part 2—Creation of Canadian Regional
Park, Hepburn Regional Park, Kerang State
Wildlife Reserve and other amendments
Division 1—Crown Land (Reserves) Act 1978
3 New section 47E inserted
After section 47D of the Crown Land (Reserves)
Act 1978 insert—
"47E Revocation of reservations—excised
land—Cobboboonee Forest Park
(1) On the commencement of section 10 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016 the reservation of the
land shown hatched on the plan lodged in the
Central Plan Office and numbered
LEGL./15-226 is revoked.
(2) On the revocation of the reservation of the
land shown hatched on the plan lodged in the
Central Plan Office and numbered
LEGL./15-226—
(a) that land is taken to be unalienated land
of the Crown, freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests; and
(b) the appointment of any committee of
management of that land is revoked to
the extent that it relates to that land; and
(c) any regulations under section 13 are
revoked to the extent that they apply to
that land.".
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Part 2—Creation of Canadian Regional Park, Hepburn Regional Park,
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No. 12 of 2016
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4 New Part 5 inserted into Second Schedule
After Part 4 of the Second Schedule to the Crown
Land (Reserves) Act 1978 insert—
"Part 5—Crown Land Legislation
Amendment (Canadian Regional
Park and Other Matters) Act 2016
9 Definitions
In this Part—
Canadian Regional Park means the area of
land described in Division 6 of Part 4A
of the Fifth Schedule;
Hepburn Regional Park means the area of
land described in Division 7 of Part 4A
of the Fifth Schedule;
Kerang State Wildlife Reserve means the
area of land described in Division 4 of
Part 5 of the Fifth Schedule.
10 Revocation of reservations, regulations
and other interests—Canadian Regional
Park
(1) On the commencement of section 6 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016—
(a) any reservation under this or any other
Act over the whole or a part of the
Canadian Regional Park that is in force
immediately before that
commencement is revoked; and
(b) the appointment of any committee of
management of the whole or a part of
the Canadian Regional Park is revoked
to the extent that it relates to that land
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No. 12 of 2016
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immediately before that
commencement; and
(c) any regulations made under section 13
that apply to the whole or a part of the
Canadian Regional Park immediately
before that commencement are revoked
to the extent that they apply to that
land; and
(d) subject to subclause (2), the Canadian
Regional Park is freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests in or applying to the whole or
any part of that land immediately
before that commencement; and
(e) for the land shown on the plan lodged
in the Central Plan Office and
numbered LEGL./15-227—
(i) the land delineated and coloured
yellow on the plan ceases to be a
road or part of a road or road
reserve; and
(ii) all rights, easements and
privileges existing or claimed
either by the public or any body or
person, as incident to the express
or implied grant or past dedication
or supposed dedication or any past
user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on
the plan cease.
(2) Despite anything to the contrary in this Act,
any licence, permit or other authority over
any part of the Canadian Regional Park that
was granted or issued under this Act, the
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Kerang State Wildlife Reserve and other amendments
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No. 12 of 2016
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Forests Act 1958, the Land Act 1958 or the
Water Act 1989 and that is in force
immediately before the commencement of
section 6 of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016 continues in
force on and after that commencement
subject to—
(a) its terms and conditions; and
(b) the provisions of the Act under which it
was granted or issued.
11 Revocation of reservations, regulations
and other interests—Hepburn Regional
Park
(1) On the commencement of section 7 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016—
(a) any reservation under this or any other
Act over the whole or a part of the
Hepburn Regional Park that is in force
immediately before that
commencement is revoked; and
(b) the appointment of any committee of
management of the whole or a part of
the Hepburn Regional Park is revoked
to the extent that it relates to that land
immediately before that
commencement; and
(c) any regulations made under section 13
that apply to the whole or a part of the
Hepburn Regional Park immediately
before that commencement are revoked
to the extent that they apply to that
land; and
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(d) subject to subclause (2), the Hepburn
Regional Park is freed and discharged
from all trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests in or applying to the whole or
any part of that land immediately
before that commencement; and
(e) for the land shown on the plan lodged
in the Central Plan Office and
numbered LEGL./15-242—
(i) the land delineated and coloured
yellow on the plan ceases to be a
road or part of a road or a road
reserve; and
(ii) all rights, easements and
privileges existing or claimed
either by the public or any body or
person, as incident to the express
or implied grant or past dedication
or supposed dedication or any past
user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on
the plan cease.
(2) Despite anything to the contrary in this Act,
any licence, permit or other authority over
any part of the Hepburn Regional Park that
was granted or issued under this Act, the
Forests Act 1958, the Land Act 1958 or the
Water Act 1989 and that is in force
immediately before the commencement of
section 7 of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016 continues in
force on and after that commencement
subject to—
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(a) its terms and conditions; and
(b) the provisions of the Act under which it
was granted or issued.
12 Revocation of reservations, regulations
and other interests—Kerang State
Wildlife Reserve
(1) On the commencement of section 8 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016—
(a) any reservation under this or any other
Act over the whole or a part of the
Kerang State Wildlife Reserve that is in
force immediately before that
commencement is revoked; and
(b) the appointment of any committee of
management of the whole or a part of
the Kerang State Wildlife Reserve is
revoked to the extent that it relates to
that land immediately before that
commencement; and
(c) any regulations made under section 13
that apply to the whole or a part of the
Kerang State Wildlife Reserve
immediately before that
commencement are revoked to the
extent that they apply to that land; and
(d) subject to subclause (2), the Kerang
State Wildlife Reserve is freed and
discharged from all trusts, limitations,
reservations, restrictions,
encumbrances, estates and interests in
or applying to the whole or any part of
the land immediately before that
commencement; and
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No. 12 of 2016
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(e) for the land shown on the plan lodged
in the Central Plan Office and
numbered LEGL./15-241—
(i) the land delineated and coloured
yellow on the plan ceases to be a
road or part of a road or a road
reserve; and
(ii) all rights, easements and
privileges existing or claimed
either by the public or any body or
person, as incident to the express
or implied grant or past dedication
or supposed dedication or any past
user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on
the plan cease.
(2) Despite anything to the contrary in this
Act—
(a) any licence, permit or other authority
over any part of the Kerang State
Wildlife Reserve that was granted or
issued under this Act, the Forests
Act 1958, the Land Act 1958 or the
Water Act 1989, and that is in force
immediately before the commencement
of section 8 of the Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016 continues in force on and
after that commencement subject to—
(i) its terms and conditions; and
(ii) the provisions of the Act under
which it was granted or issued;
and
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(b) the Water Corporation may continue to
discharge treated wastewater within the
Kerang State Wildlife Reserve if the
discharge occurs—
(i) under and in accordance with the
licence in relation to that part of
the Reserve known as Fosters
Swamp, that was issued to the
Water Corporation under
section 20 of the Environment
Protection Act 1970 on
11 August 2009 and amended on
21 November 2013 and 22 July
2015 and as in force immediately
before the commencement of
section 8 of the Crown Land
Legislation Amendment
(Canadian Regional Park and
Other Matters) Act 2016, subject
to the terms and conditions of that
licence; or
(ii) under and in accordance with any
other licence in relation to that
part of the Reserve known as
Fosters Swamp, issued to the
Water Corporation under
section 20 of the Environment
Protection Act 1970 before, on or
after the commencement of
section 8 of the Crown Land
Legislation Amendment
(Canadian Regional Park and
Other Matters) Act 2016 and as
amended from time to time,
subject to any terms and
conditions of that licence.
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(3) The Kerang State Wildlife Reserve is taken
to be classified as a State Game Reserve
pursuant to an Order of the Governor in
Council under section 15(2) of the Wildlife
Act 1975.
(4) In this clause—
Water Corporation means the Lower
Murray Urban and Rural Water
Corporation established under
Division 1 of Part 6 of the Water
Act 1989.".
5 Macedon Regional Park
In Division 3 of Part 4A of the Fifth Schedule to
the Crown Land (Reserves) Act 1978, for
"LEGL./11-187" substitute "LEGL./14-055".
6 New Division 6 inserted into Part 4A of the Fifth
Schedule
After Division 5 of Part 4A of the Fifth Schedule
to the Crown Land (Reserves) Act 1978
insert—
"Division 6—Canadian Regional Park
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./15-227.".
7 New Division 7 inserted into Part 4A of the Fifth
Schedule
At the end of Part 4A of the Fifth Schedule to the
Crown Land (Reserves) Act 1978 insert—
"Division 7—Hepburn Regional Park
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./15-242.".
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8 New Division 4 inserted into Part 5 of the Fifth
Schedule
After Division 3 of Part 5 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978 insert—
"Division 4—Kerang State Wildlife
Reserve
The land delineated and coloured pink or coloured
yellow on the plan lodged in the Central Plan
Office and numbered LEGL./15-241.
Purposes of the reservation—
The purposes of the management of wildlife.".
9 Otway Forest Park
In Division 1 of Part 7 of the Fifth Schedule to the
Crown Land (Reserves) Act 1978, for
"LEGL./11-031, LEGL./11-032, LEGL./11-033,
LEGL./11-034 and LEGL./11-035" substitute
"LEGL./14-056, LEGL./14-057, LEGL./14-058,
LEGL./14-059 and LEGL./14-060".
10 Cobboboonee Forest Park
In Division 2 of Part 7 of the Fifth Schedule to the
Crown Land (Reserves) Act 1978—
(a) omit "or coloured yellow";
(b) for "LEGL./08-009 and LEGL./08-010"
substitute "LEGL./15-225 and LEGL./
15-226".
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Division 2—Consequential amendments
11 Restricted Crown land—Canadian Regional Park
After clause 4AB of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
insert—
"4AC. Any land described in Division 6 of Part 4A
of the Fifth Schedule to the Crown Land
(Reserves) Act 1978.".
12 Restricted Crown land—Hepburn Regional Park
Before clause 4B of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
insert—
"4AD. Any land described in Division 7 of Part 4A
of the Fifth Schedule to the Crown Land
(Reserves) Act 1978.".
13 Restricted Crown land—Kerang State Wildlife
Reserve
After clause 4BA of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
insert—
"4BB. Any land described in Division 4 of Part 5 of
the Fifth Schedule to the Crown Land
(Reserves) Act 1978.".
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Part 3—Bee site licences amendments
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Part 3—Bee site licences amendments
Division 1—Land Act 1958
14 Definitions
In section 3(1) of the Land Act 1958 insert the
following definitions—
"bee site licence means a licence granted under
section 142(1) for the purpose of keeping
hives or farming bees;
bee site licence area means the area of land over
which a bee site licence is granted;
bee site licence fee means the fee for the grant of
a bee site licence determined by the Minister
in accordance with section 144;
bee site licensee means a person who holds a
current bee site licence;".
15 Heading preceding section 141 substituted
For the heading preceding section 141 of the
Land Act 1958 substitute—
"Bee site licences".
16 Sections 141 to 149 substituted
For sections 141 to 149, including the headings
preceding sections 146 and 149, of the Land
Act 1958 substitute—
"141 Person may apply for bee site licence
(1) A person may apply to the Minister for a bee
site licence.
(2) An application for a bee site licence must be
accompanied by the prescribed application
fee (if any).
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142 Minister may grant bee site licence
(1) The Minister may grant a licence over land
specified in section 143(1) on receiving an
application under section 141(1).
(2) The term of a bee site licence must not
exceed 10 years.
(3) Subject to subsection (4), the boundary of
the bee site licence area must not extend
further than an 800-metre radius from the
centre of the bee site licence area.
(4) The boundary of a bee site licence area may
extend further than an 800-metre radius from
the centre of the bee site licence area if—
(a) immediately before the commencement
of section 16 of the Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016—
(i) a person held a licence or permit
for the purpose of keeping hives
or farming bees (the original
licence) in respect of more or less
the same licence or permit area as
that bee site licence area; and
(ii) the area of land to which the
original licence applied extended
further than a radius of 800 metres
from the centre of that original
licence area; and
(b) the bee site licence is granted to—
(i) the person referred to in
paragraph (a)(i); or
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Authorised by the Chief Parliamentary Counsel
(ii) a person to whom a bee site
licence or a saved licence for that
bee site licence area is or has been
transferred.
(5) In subsection (4)(b)(ii), saved licence
means—
(a) a transitioned licence within the
meaning of section 417; or
(b) a licence or permit saved by any of the
following—
(i) section 17I of the Crown Land
(Reserves) Act 1978;
(ii) section 104 of the Forests
Act 1958;
(iii) clause 26 of Schedule One AA to
the National Parks Act 1975;
(iv) section 106 of the Wildlife
Act 1975.
(6) The Minister, at any time, may impose, vary
or revoke any terms and conditions on a bee
site licence as the Minister thinks fit.
(7) Before granting a bee site licence over land
specified in section 143(1)(b), (c), (d) or (e),
the Minister must obtain the consent of the
Minister responsible for the Act under which
that land is controlled and managed.
143 Land over which bee site licence may be
granted
(1) Subject to subsection (2), the Minister may
grant a bee site licence over the following
land—
(a) unreserved Crown land under this Act;
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(b) reserved Crown land under the Crown
Land (Reserves) Act 1978, except for
land that is managed by—
(i) a committee of management that
is not Parks Victoria; or
(ii) a trustee;
Note
Reserved Crown land under the Crown Land
(Reserves) Act 1978 includes land that is
managed by Parks Victoria as committee of
management.
(c) reserved forest within the meaning of
the Forests Act 1958;
(d) the following land under the National
Parks Act 1975—
(i) a park within the meaning of that
Act;
(ii) land managed by the Secretary in
accordance with a management
agreement under section 19A
or 19C of that Act, if the
agreement specifically provides
that any or all of sections 141
to 149 of this Act apply to that
land;
(iii) land leased by the Minister and
managed by the Secretary in
accordance with section 19E of
that Act, if the lease specifically
provides that any or all of
sections 141 to 149 of this Act
apply to that land;
(iv) land ordered by the Governor in
Council to be treated as a park
under section 19F of that Act, if
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the land is specified in Schedule
Four to that Act as being subject
to any or all of sections 141 to 149
of this Act;
(e) a State Wildlife Reserve or a Nature
Reserve within the meaning of the
Wildlife Act 1975.
(2) The centre of a bee site licence area must not
be located on, or within 800 metres of, any
of the following land—
(a) a wilderness park described in
Schedule Two A to the National Parks
Act 1975;
(b) a wilderness zone described in
Schedule Five to the National Parks
Act 1975;
(c) a natural catchment area described in
Schedule 2 to the Heritage Rivers
Act 1992;
(d) a reference area proclaimed under the
Reference Areas Act 1978;
(e) land which is the subject of a
recommendation made by the Victorian
Environmental Assessment Council, the
former Environment Conservation
Council or the former Land
Conservation Council—
(i) that the land be a reference area
under the Reference Areas
Act 1978; and
(ii) that has been wholly accepted by
Government, or partly accepted if
that partial acceptance includes
the recommendation that the land
be a reference area.
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144 Fees to be determined by Minister
(1) The Minister may determine any fee payable
for the grant of a bee site licence.
(2) The Minister must publish a determination
under subsection (1) in the Government
Gazette.
(3) The Minister may waive, reduce or refund, in
whole or in part, any fee determined under
subsection (1).
(4) The Consolidated Fund is by this subsection
appropriated to the necessary extent to pay
any refund under subsection (3).
(5) A power conferred by subsection (1) to make
a determination relating to fees payable for
the grant of a bee site licence may be
exercised by providing for any or all of the
following matters—
(a) specific fees;
(b) fees that vary according to the area or
term of the bee site licence to which
they apply;
(c) the manner of payment of fees,
including the payment of fees by
instalment;
(d) the time at which, or by which, fees are
to be paid.
145 Conditions relating to access to a bee site
licence area
(1) The Minister may determine terms and
conditions relating to a bee site licensee's
access to a bee site licence area over land
referred to in section 143(1).
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(2) Any terms and conditions determined by the
Minister under this section apply in addition
to any conditions or restrictions imposed
under any Act or subordinate instrument
regulating—
(a) the land on which the bee site licence
area is located; and
(b) the land over which access to the bee
site licence area is granted.
(3) Before determining any terms and conditions
under subsection (1) in relation to access
over land that is not unreserved Crown land
under this Act, the Minister must obtain the
consent of the Minister responsible for the
Act under which that land is controlled and
managed.
146 Transfer of bee site licence
(1) A bee site licensee may apply to the Minister
for approval to transfer a bee site licence to
another person.
(2) An application under subsection (1) must—
(a) be made in the prescribed form (if any);
and
(b) be accompanied by the prescribed fee
(if any).
(3) The Minister may—
(a) approve the transfer of the bee site
licence; or
(b) refuse to approve the transfer of the
licence; or
(c) approve the transfer of the licence
subject to conditions determined by the
Minister.
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147 Process on expiry of current bee site
licence
(1) Before the expiry of a current bee site
licence, the Minister, by notice, may offer
the bee site licensee a new bee site licence in
respect of more or less the same bee site
licence area.
(2) The Minister may specify the following in a
notice under subsection (1)—
(a) the bee site licence fee; and
(b) any changes to the terms and conditions
of the new bee site licence determined
in accordance with subsection (3); and
(c) the commencement date for the new
bee site licence.
(3) A new bee site licence offered under this
section is subject to the same terms and
conditions as the current bee site licence,
unless the Minister imposes, varies or
revokes any terms or conditions that the
Minister thinks fit.
(4) If the bee site licensee pays the bee site
licence fee for the new bee site licence on or
before the expiry of the current bee site
licence, a new bee site licence is taken to
have been granted under section 142 on the
commencement date specified in the notice
under subsection (1).
(5) The new bee site licence referred to in
subsection (4) remains in force for the period
in respect of which the licence fee is paid.
(6) A yearly invoice for payment of a bee site
licence fee that has been apportioned as an
annual sum does not constitute a notice
under subsection (1).
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148 Application of presumption of bee site
licence
(1) Section 147 has effect—
(a) despite anything to the contrary in this
Subdivision or any corresponding
previous enactment; and
(b) despite a licensee not applying for a
new bee site licence.
(2) Section 147 does not—
(a) relieve a bee site licensee from liability
for contravention of a bee site licence;
or
(b) prevent the grant of a new bee site
licence under section 142 to that
licensee.
(3) Section 147 applies even if a bee site licence
has been lost, if it appears from records kept
by the Secretary that the bee site licence was
originally granted.
149 Offences
(1) A person must not use or occupy land
referred to in section 143(1) for a purpose
relating to apiculture unless authorised to do
so under any of the following—
(a) a bee site licence;
(b) a licence or right referred to in
section 417, 418 or 419;
(c) a licence granted under section 17
or 17B of the Crown Land (Reserves)
Act 1978—
(i) by a trustee or a committee of
management (other than Parks
Victoria); or
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Authorised by the Chief Parliamentary Counsel
(ii) by Parks Victoria as committee of
management or the Secretary,
which is continued in force by
section 17I of that Act;
(d) a licence or permit granted under
section 52(1) of the Forests Act 1958
which is continued in force by
section 104 of that Act;
(e) a permit granted under section 21(1)(b)
of the National Parks Act 1975 which
is continued in force by clause 26 of
Schedule One AA to that Act;
(f) a licence granted under section 16(2)(a)
of the Wildlife Act 1975 which is
continued in force by section 106 of
that Act.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person must not use or occupy the
following land for a purpose relating to
apiculture—
(a) a wilderness park described in
Schedule Two A to the National Parks
Act 1975;
(b) a wilderness zone described in
Schedule Five to the National Parks
Act 1975;
(c) a natural catchment area described in
Schedule 2 to the Heritage Rivers
Act 1992;
(d) a reference area proclaimed under the
Reference Areas Act 1978;
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(e) land which is the subject of a
recommendation made by the Victorian
Environmental Assessment Council, the
former Environment Conservation
Council or the former Land
Conservation Council—
(i) recommending that the land be a
reference area under the
Reference Areas Act 1978; and
(ii) that has been wholly accepted by
Government, or partly accepted if
that partial acceptance includes
the recommendation that the land
be a reference area.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(3) A bee site licensee must not use or occupy
land referred to in section 143(1) in a manner
that contravenes the licensee's bee site
licence.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(4) In this section, a person uses or occupies
land for a purpose relating to apiculture if—
(a) the person places or keeps hives on the
land; or
(b) the person permits the person's bees to
forage over the land for nectar or
pollen.".
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17 New sections 417 to 419 inserted
After section 416 of the Land Act 1958 insert—
"417 Transitional provision for bee farm
licences and bee range area licences—
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016
(1) In this section, transitioned licence means
either or both of the following licences in
respect of the same land that a person holds
immediately before section 16 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016 comes into operation—
(a) a bee farm licence granted under
section 141;
(b) a bee range area licence granted under
section 147.
(2) A transitioned licence continues in force
subject to its terms and conditions on and
after the commencement of section 16 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016.
(3) Sections 141, 142, 143, 145, 147 and 148
as in force immediately before the
commencement of section 16 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016 continue to apply with
respect to the holder of a transitioned licence
as if those sections had not been substituted
by that Act, until the earliest of the following
occurs—
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(a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
section 142 as in force after that
commencement to the holder of a
transitioned licence in respect of more
or less the same land.
418 Transitional provision for holders of
agricultural licences—Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
Despite the substitution of section 144 by
the Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016, the holder of an
agricultural licence who, immediately before
that substitution, kept hives on the land held
under the agricultural licence in accordance
with that section may continue to keep those
hives on the land on and after that
substitution until the expiry of the
agricultural licence, as if that section had not
been substituted.
419 Transitional provision for holders of
apiary occupation rights—Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
Despite the substitution of section 149 by
the Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016, an apiary occupation
right granted under that section and in force
immediately before the commencement of
section 16 of that Act continues in force
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Authorised by the Chief Parliamentary Counsel
subject to its terms and conditions as if
section 149 had not been substituted, until
the earliest of the following occurs—
(a) the apiary occupation right expires;
(b) the apiary occupation right is cancelled;
(c) a bee site licence is granted under
section 142 to the holder of the apiary
occupation right in respect of more or
less the same land.".
18 Penalty for unauthorized occupation or depasturing
on certain lands
At the end of section 188 of the Land Act 1958
insert—
"(2) Subsection (1) does not apply to
unauthorised occupation of Crown land for a
purpose relating to apiculture.
Note
See section 149 for offences relating to unauthorised
occupation of Crown land for a purpose relating to
apiculture.".
Division 2—Crown Land (Reserves) Act 1978
19 New sections 17H, 17I and 17J inserted
After section 17G of the Crown Land (Reserves)
Act 1978 insert—
"17H Use of reserved land for apiculture
On and from the commencement of
section 19 of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016, a licence
over reserved land for a purpose relating to
apiculture may only be granted under
section 17 or 17B by a trustee or a committee
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Authorised by the Chief Parliamentary Counsel
of management (other than a committee of
management that is Parks Victoria).
Note
See sections 141 to 149 of the Land Act 1958.
17I Transitional provision—Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
A licence granted under section 17 or 17B
for a purpose relating to apiculture by a
committee of management that is Parks
Victoria or by the Secretary, and in force
immediately before the commencement of
section 19 of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016, continues in
force subject to its terms and conditions on
and after that commencement until the
earliest of the following occurs—
(a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
section 142 of the Land Act 1958 to
the holder of the licence granted under
section 17 or 17B in respect of more or
less the same land.
17J Purpose relating to apiculture
A licence referred to in section 17H or 17I is
taken to be granted for a purpose relating to
apiculture if it permits the licensee—
(a) to keep bee hives on the licensed land;
or
(b) to enable the licensee's bees to forage
over the licensed land for nectar or
pollen.".
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Division 3—Forests Act 1958
20 Definitions
In section 3(1) of the Forests Act 1958 insert the
following definitions—
"bee site licence area has the same meaning as it
has in the Land Act 1958;
bee site licensee has the same meaning as it has in
the Land Act 1958;".
21 Forest produce is property of the Crown
After section 4(2) of the Forests Act 1958
insert—
"(2A) Despite subsection (2), forest produce that is
nectar, honey or beeswax may pass from the
Crown to another person in accordance with
the Land Act 1958.".
22 Heading to section 41 inserted and section 41
amended
(1) Insert the following heading to section 41 of the
Forests Act 1958—
"Reserved forest and the Land Act 1958".
(2) At the end of section 41 of the Forests Act 1958
insert—
"(2) Nothing in subsection (1) affects the ability
of the Minister administering the Land
Act 1958 to grant a bee site licence over
reserved forest in accordance with that Act.".
23 Reserved forests
(1) In section 42(4) of the Forests Act 1958, for
"subsection (4A)" substitute "subsections (4A)
and (4B)".
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(2) After section 42(4A) of the Forests Act 1958
insert—
"(4B) Nothing in subsection (4) prevents a bee site
licence being granted under the Land Act
1958 over reserved forest.".
24 Licences and permits with respect to forests
In section 52(1A) of the Forests Act 1958—
(a) in paragraph (g), before "to take" insert
"subject to paragraph (i),";
(b) in paragraph (i), after "1958" insert ",
except a bee site licence within the meaning
of that Act".
25 Power to direct route for removal etc. of forest
produce
After section 79(1) of the Forests Act 1958
insert—
"(1A) An authorised officer may give directions
regarding the route, road or track by which a
bee site licensee accesses the bee site licence
area.".
26 New section 104 inserted
After section 103 of the Forests Act 1958
insert—
"104 Transitional provision—Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
(1) A licence or permit granted under
section 52(1) for a purpose relating to
apiculture and in force immediately before
the commencement of section 24 of the
Crown Land Legislation Amendment
(Canadian Regional Park and Other
Matters) Act 2016 continues in force
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Authorised by the Chief Parliamentary Counsel
subject to its terms and conditions on and
after that commencement until the earliest of
the following occurs—
(a) the licence or permit expires;
(b) the licence or permit is cancelled;
(c) a bee site licence is granted under
section 142 of the Land Act 1958 to
the holder of the licence or permit
granted under section 52(1) in respect
of more or less the same land.
(2) A licence or permit referred to in
subsection (1) is taken to be granted for a
purpose relating to apiculture if it permits the
holder of the licence or permit—
(a) to keep bee hives on the land described
in the licence or permit; or
(b) to enable the licensee's or permittee's
bees to forage over the land described
in the licence or permit for nectar or
pollen.".
Division 4—Livestock Disease Control Act 1994
27 Abandoned hives
For section 125(2) of the Livestock Disease
Control Act 1994 substitute—
"(2) Any hives found on Crown land are taken to
be abandoned for the purposes of this section
if they are not authorised by one of the
following licences, rights or permits
currently in force—
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Authorised by the Chief Parliamentary Counsel
(a) a bee site licence granted under
section 142 of the Land Act 1958;
(b) a bee farm licence or a bee range area
licence continued in force by
section 417 of the Land Act 1958;
(c) a right continued in force by section
418 or 419 of the Land Act 1958;
(d) a licence granted under section 17
or 17B of the Crown Land (Reserves)
Act 1978—
(i) by a trustee or a committee of
management (other than Parks
Victoria); or
(ii) by Parks Victoria as committee of
management or the Secretary,
which is continued in force by
section 17I of the Crown Land
(Reserves) Act 1978;
(e) a licence or permit granted under
section 52(1) of the Forests Act 1958
which is continued in force by
section 104 of that Act;
(f) a permit granted under section 21(1)(b)
of the National Parks Act 1975 which
is continued in force by clause 26 of
Schedule One AA to that Act;
(g) a licence granted under section 16(2)(a)
of the Wildlife Act 1975 which is
continued in force by section 106 of
that Act.".
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Division 5—National Parks Act 1975
28 Management agreements with Trust for Nature
In section 19A(2A) of the National Parks
Act 1975—
(a) in paragraph (b), for "provides—" substitute
"provides; and";
(b) after paragraph (b) insert—
"(c) any or all of sections 141 to 149 of the
Land Act 1958, as the agreement
specifically provides—".
29 Minister may make management agreements with
public authorities
After section 19C(2)(c) of the National Parks
Act 1975 insert—
"(ca) any or all of sections 141 to 149 of the Land
Act 1958, as the agreement specifically
provides, have effect in and in respect of the
land as if the land were part of the park
specified in the agreement; and".
30 Leasing and managing of land adjacent to parks
In section 19E(3) of the National Parks
Act 1975—
(a) in paragraph (c), for "lease." substitute
"lease; and";
(b) after paragraph (c) insert—
"(d) any or all of sections 141 to 149 of
the Land Act 1958, as the lease
specifically provides, have effect in
and in respect of the land as if the land
were part of the park specified in the
lease.".
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31 Order that land to be treated as a park for certain
purposes
(1) In section 19F(1) and (2)(a) of the National
Parks Act 1975, after "under this Act" insert
"or any or all of sections 141 to 149 of the Land
Act 1958".
(2) In section 19F(2)(b) of the National Parks
Act 1975, after "regulations" insert "or any or all
of sections 141 to 149 of the Land Act 1958".
(3) In section 19F(3) of the National Parks
Act 1975—
(a) in paragraph (a), after "the Act" insert
"or sections 141 to 149 of the Land
Act 1958";
(b) in paragraph (b), after "the Act" insert
"or any or all of sections 141 to 149 of the
Land Act 1958".
(4) In section 19F(6) of the National Parks
Act 1975, after "regulations" insert
"or sections 141 to 149 of the Land Act 1958".
32 Secretary may grant certain permits etc.
Section 21(1)(b) of the National Parks Act 1975
is repealed.
33 Trades and businesses not to be carried on in parks
unless authorised
In section 43(2) of the National Parks
Act 1975—
(a) in paragraph (b), for "Schedule Four."
substitute "Schedule Four;";
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(b) after paragraph (b) insert—
"(c) a trade or business carried out in
accordance with a bee site licence
granted under section 142 of the Land
Act 1958.".
34 Transitional provisions
At the end of Part 6 of Schedule One AA to the
National Parks Act 1975 insert—
"26 Apiary permits
A permit granted under section 21(1)(b)
and in force immediately before the
commencement of section 32 of the 2016
Act continues in force subject to its terms
and conditions on and after that
commencement until the earliest of the
following occurs—
(a) the permit expires;
(b) the permit is cancelled;
(c) a bee site licence is granted under
section 142 of the Land Act 1958 to
the holder of the permit granted under
section 21(1)(b) in respect of more or
less the same land.".
35 Schedule Four amended
(1) In Part 3 of Schedule Four to the National Parks
Act 1975, before the heading "Application of the
Regulations to the land" insert—
"Provisions of the Land Act 1958 to apply to the
land
Sections 141 to 149 inclusive.".
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(2) In Part 4 of Schedule Four to the National Parks
Act 1975, before the heading "Application of the
Regulations to the land" insert—
"Provisions of the Land Act 1958 to apply to the
land
Sections 141 to 149 inclusive.".
(3) In Part 5 of Schedule Four to the National Parks
Act 1975, before the heading "Application of the
Regulations to the land" insert—
"Provisions of the Land Act 1958 to apply to the
land
Sections 141 to 149 inclusive.".
(4) In Part 6 of Schedule Four to the National Parks
Act 1975—
(a) for the heading "Provision of Act to apply to
the Land" substitute "Provisions of the Act
to apply to the land";
(b) before the heading "Application of
Regulations to the Land" insert—
"Provisions of the Land Act 1958 to apply to
the land
Sections 141 to 149 inclusive.".
(5) In Part 7 of Schedule Four to the National Parks
Act 1975—
(a) for the heading "Provisions of Act to apply to
the land" substitute "Provisions of the Act to
apply to the land";
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(b) before the heading "Application of the
Regulations to the land" insert—
"Provisions of the Land Act 1958 to apply to
the land
Sections 141 to 149 inclusive.".
(6) In Part 8 of Schedule Four to the National Parks
Act 1975—
(a) for the heading "Provisions of Act that apply
to the land" substitute "Provisions of the Act
to apply to the land";
(b) before the heading "Application of
Regulations to the land" insert—
"Provisions of the Land Act 1958 to apply to
the land
Sections 141 to 149 inclusive.".
Division 6—Wildlife Act 1975
36 Secretary to manage State Wildlife Reserves
(1) In section 16(2)(a) of the Wildlife Act 1975, after
"licences" insert ", other than a licence for a
purpose relating to apiculture,".
(2) After section 16(2) of the Wildlife Act 1975
insert—
"(3) A licence is taken to be granted for a purpose
relating to apiculture if it permits the holder
of the licence—
(a) to keep bee hives on the land described
in the licence; or
(b) to enable the licensee's bees to forage
over the licensed land for nectar or
pollen.".
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37 New section 106 inserted
After section 105 of the Wildlife Act 1975
insert—
"106 Transitional provision—Crown Land
Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
(1) A licence granted under section 16(2)(a) for
a purpose relating to apiculture and in force
immediately before the commencement of
section 36 of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016 continues in
force subject to its terms and conditions on
and after that commencement until the
earliest of the following occurs—
(a) the licence expires;
(b) the licence is cancelled;
(c) a bee site licence is granted under
section 142 of the Land Act 1958 to
the holder of the licence granted under
section 16(2)(a) in respect of more or
less the same land.
(2) A licence referred to in subsection (1) is
taken to be granted for a purpose relating to
apiculture if it permits the licensee—
(a) to keep bee hives on the licensed land;
or
(b) to enable the licensee's bees to forage
over the licensed land for nectar or
pollen.".
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Part 4—National, State and other parks
amendments
38 Native title not affected
After clause 9 of Schedule One A to the National
Parks Act 1975 insert—
"10 Native title not affected by the Crown
Land Legislation Amendment (Canadian
Regional Park and Other Matters)
Act 2016
(1) The amendments made to this Act by Part 4
of the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016 are not
intended to affect native title rights and
interests.
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
or under the Native Title Act 1993 of the
Commonwealth.".
39 New definitions inserted into Schedule One AA
In clause 1 of Schedule One AA to the National
Parks Act 1975 insert the following
definitions—
"2016 Act means the Crown Land Legislation
Amendment (Canadian Regional Park
and Other Matters) Act 2016;
2016 Act park commencement, in relation to an
area of land described in a Part in a Schedule
to this Act, the description of which is
inserted, substituted or amended by a
provision of the 2016 Act, means the
commencement of the provision of the 2016
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Authorised by the Chief Parliamentary Counsel
Act that so inserts, substitutes or amends the
description;".
40 New Part 6 inserted into Schedule One AA
After clause 20 of Schedule One AA to the
National Parks Act 1975 insert—
"Part 6—Crown Land Legislation
Amendment (Canadian Regional
Park and Other Matters) Act 2016
21 Rights to cease—roads—Dandenong
Ranges National Park
On the 2016 Act park commencement, for
the land shown on the plan lodged in the
Central Plan Office and numbered
N.P. 86/5—
(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
22 Rights to cease—roads—Murray-Sunset
National Park
On the 2016 Act park commencement, for
the land shown on the plan lodged in the
Central Plan Office and numbered
N.P. 51/4A and N.P. 51/4B—
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(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
23 Rights to cease—roads—Port Campbell
National Park
In respect of the land shown on the plan
lodged in the Central Plan Office and
numbered LEGL./15-217—
(a) the land delineated and shown hatched
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
24 Rights to cease—roads—Warrandyte
State Park
On the 2016 Act park commencement, for
the land shown on the plan lodged in the
Central Plan Office and numbered
N.P. 21/8—
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(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.
25 Rights to cease—roads—Steiglitz Historic
Park
On the 2016 Act park commencement, for
the land shown on the plan lodged in the
Central Plan Office and numbered
N.P. 52/7—
(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on the
plan cease.".
41 National parks
(1) In Part 6 of Schedule Two to the National Parks
Act 1975—
(a) for "3540 hectares" substitute
"3535 hectares";
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(b) for "pink in plans" substitute "pink or
coloured yellow in a plan";
(c) for "N.P. 86/4" substitute "N.P. 86/5".
(2) In Part 31 of Schedule Two to the National Parks
Act 1975—
(a) for "103 875 hectares" substitute "104 015
hectares";
(b) omit "or coloured yellow or coloured blue";
(c) for "N.P. 111A/3, N.P. 111B/3, N.P. 111C/2,
N.P. 111D/2, N.P. 111E/3, N.P. 111F/1,
N.P. 111G/1, N.P. 111H/4, N.P. 111J/2 and
N.P. 111K/1" substitute "N.P. 111A/4,
N.P. 111B/4, N.P. 111C/3, N.P. 111D/3,
N.P. 111E/3, N.P. 111F/2, N.P. 111G/2,
N.P. 111H/4, N.P. 111J/2 and N.P. 111K/2".
(3) In Part 38 of Schedule Two to the National Parks
Act 1975—
(a) for "664 810 hectares" substitute
"665 400 hectares";
(b) omit "or coloured green";
(c) for "N.P. 51/3A and N.P. 51/3B" substitute
"N.P. 51/4A and N.P. 51/4B".
42 State parks
(1) In Part 31 of Schedule Two B to the National
Parks Act 1975—
(a) for "686 hectares" substitute "693 hectares";
(b) for "N.P. 21/7" substitute "N.P. 21/8".
(2) In Part 39 of Schedule Two B to the National
Parks Act 1975—
(a) omit "or coloured yellow";
(b) for "N.P. 121/1" substitute "N.P. 121/2".
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43 Other parks
(1) In Part 13 of Schedule Three to the National
Parks Act 1975—
(a) for "425 hectares" substitute "430 hectares";
(b) after "coloured pink" insert "or coloured
yellow";
(c) for "N.P. 52/6" substitute "N.P. 52/7".
(2) In Part 15 of Schedule Three to the National
Parks Act 1975—
(a) for "4315 hectares" substitute "4320
hectares";
(b) omit "or coloured yellow";
(c) for "N.P. 104/2" substitute "N.P. 104/3".
(3) In Part 16 of Schedule Three to the National
Parks Act 1975—
(a) omit "or coloured green or coloured yellow";
(b) for "N.P. 117" substitute "N.P. 117/1".
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Part 5—Repeal of amending Act
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Part 5—Repeal of amending Act
44 Repeal of amending Act
This Act is repealed on 1 December 2017.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 21 October 2015
Legislative Council: 10 December 2015
The long title for the Bill for this Act was "A Bill for an Act to amend
the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land
Act 1958, the Livestock Disease Control Act 1994, the Mineral
Resources (Sustainable Development) Act 1990, the National Parks
Act 1975 and the Wildlife Act 1975 and for other purposes."
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