Alpine Resorts and National Parks Acts Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2—CHANGES TO BOUNDARIES OF ALPINE NATIONAL PARK AND FALLS CREEK ALPINE RESORT 3 3 Alpine National Park 3 4 Falls Creek Alpine Resort 4 22 Falls Creek Alpine Resort—Construction of reference 4 PART 3—AMENDMENTS TO ALPINE RESORTS (MANAGEMENT) ACT 1997 5 5 Definition of Falls Creek Alpine Resort 5 6 New Division 4 inserted in Part 6 5 Division 4—Transitional arrangements for Falls Creek Alpine Resort 5 72 Definitions 5 73 Land added to Falls Creek Alpine Resort ceases to be national park 6 74 Continuation of Kiewa Scheme Lease 7 75 Continuation of Northern Foreshore Lease 7 PART 4—REPEAL OF AMENDING ACT 8 7 Repeal of amending Act 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Alpine Resorts and National Parks Acts Amendment Act 2013 † No. 17 of 2013 [Assented to 23 April 2013] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purpose The main purpose of this Act is to amend the Alpine Resorts Act 1983, the Alpine Resorts (Management) Act 1997 and the National Parks Act 1975— Victoria -- 2 of 10 -- Part 1—Preliminary Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 2 Authorised by the Chief Parliamentary Counsel (a) to excise 2 parcels of land from the Alpine National Park and incorporate those parcels of land into the Falls Creek Alpine Resort; and (b) to add a further parcel of land to the Falls Creek Alpine Resort; and (c) to excise a parcel of land from the Falls Creek Alpine Resort and incorporate that land into the Alpine National Park. 2 Commencement (1) This Act comes into operation on a day to be proclaimed. (2) If this Act does not come into operation before 31 December 2013, it comes into operation on that day. __________________ s. 2 -- 3 of 10 -- Part 2—Changes to Boundaries of Alpine National Park and Falls Creek Alpine Resort Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 3 Authorised by the Chief Parliamentary Counsel PART 2—CHANGES TO BOUNDARIES OF ALPINE NATIONAL PARK AND FALLS CREEK ALPINE RESORT 3 Alpine National Park For Part 37 of Schedule Two to the National Parks Act 1975 substitute— "PART 37—ALPINE NATIONAL PARK All those pieces or parcels of land containing 661 777 hectares, more or less, situated in the Counties of Benambra, Bogong, Croajingolong, Dargo, Delatite, Tambo, Tanjil and Wonnangatta being the land delineated and bordered red or green or coloured red or yellow in the plans lodged in the Central Plan Office and numbered N.P. 70/1b, N.P. 70/2c, N.P. 70/1d, N.P. 70/2e, N.P. 70/1g, N.P. 70/1h, N.P. 70/1j and N.P. 70/1n, except for the following— (a) the land bordered blue (other than the land shown bordered red or coloured yellow on the plans lodged in the Central Plan Office and numbered N.P. 70/1k and N.P. 70/1m); (b) Crown Allotment 1, Section 5, Parish of Burrungabugge, County of Benambra; (c) the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n; (d) the roads shown on the plans as excluded; (e) the Benambra-Corryong Road, the Benambra-Limestone-Black Mountain road, the Dargo High Plains Road, the Great Alpine Road and the Omeo Highway.". s. 3 See: Act No. 8702. Reprint No. 14 as at 14 November 2012 and amending Act No. 38/1989. LawToday: www. legislation. vic.gov.au -- 4 of 10 -- Part 2—Changes to Boundaries of Alpine National Park and Falls Creek Alpine Resort Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 4 Authorised by the Chief Parliamentary Counsel 4 Falls Creek Alpine Resort For section 22 of the Alpine Resorts Act 1983 substitute— "22 Falls Creek Alpine Resort—Construction of reference On and from the commencement of the Alpine Resorts and National Parks Acts Amendment Act 2013, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office of the Department of Sustainability and Environment, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.". __________________ s. 4 See: Act No. 9974. Reprint No. 3 as at 30 April 1998 and amending Act Nos 50/2000 and 74/2000. LawToday: www. legislation. vic.gov.au -- 5 of 10 -- Part 3—Amendments to Alpine Resorts (Management) Act 1997 Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 5 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENTS TO ALPINE RESORTS (MANAGEMENT) ACT 1997 5 Definition of Falls Creek Alpine Resort In section 3 of the Alpine Resorts (Management) Act 1997, at the foot of the definition of Falls Creek Alpine Resort insert— "Note Section 22 of the Alpine Resorts Act 1983 reconstrues references in the Order in Council to the land contained in the Falls Creek Alpine Resort.". 6 New Division 4 inserted in Part 6 After Division 3 of Part 6 of the Alpine Resorts (Management) Act 1997 insert— "Division 4—Transitional arrangements for Falls Creek Alpine Resort 72 Definitions In this Division— 2013 Act means the Alpine Resorts and National Parks Acts Amendment Act 2013; Kiewa Scheme Lease means the lease granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over land that includes Crown Allotment 9B, Parish of Darbalang, as shown on survey plan CP117712A, and Crown Allotments 9F and 9G, Parish of Darbalang, as shown See: Act No. 89/1997. Reprint No. 3 as at 3 November 2011 and amending Act No. 43/2012. LawToday: www. legislation. vic.gov.au s. 5 -- 6 of 10 -- Part 3—Amendments to Alpine Resorts (Management) Act 1997 Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 6 Authorised by the Chief Parliamentary Counsel on survey plan CP118367, with a commencement date of 18 December 1997; Northern Foreshore Lease means the lease entitled "Northern Foreshore of Part Rocky Valley Reservoir"— (a) granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over Crown Allotments 9H and 9J, Parish of Darbalang, as shown on survey plan CP118367, with a commencement date of 18 December 1997; and (b) continued in force as a lease granted under the National Parks Act 1975 on and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000. Note Section 9(2) of the National Parks (Amendment) Act 2000 commenced on 25 January 2001. 73 Land added to Falls Creek Alpine Resort ceases to be national park On and from the commencement of the 2013 Act, the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n ceases to be part of the Alpine National Park within the meaning of the National Parks Act 1975. s. 6 -- 7 of 10 -- Part 3—Amendments to Alpine Resorts (Management) Act 1997 Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 7 Authorised by the Chief Parliamentary Counsel 74 Continuation of Kiewa Scheme Lease (1) On and from the commencement of the 2013 Act, the Kiewa Scheme Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n, as if it were a lease granted under this Act. (2) Nothing in subsection (1) affects the operation of the Kiewa Scheme Lease to the extent that it applies to land other than the land referred to in subsection (1). 75 Continuation of Northern Foreshore Lease (1) On and from the commencement of the 2013 Act, the Northern Foreshore Lease continues in force, to the extent that it applies to the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1n, as if it were a lease granted under this Act. (2) Nothing in subsection (1) affects the operation of the Northern Foreshore Lease to the extent that it applies to land other than the land referred to in subsection (1).". __________________ s. 6 -- 8 of 10 -- Part 4—Repeal of Amending Act Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 8 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL OF AMENDING ACT 7 Repeal of amending Act This Act is repealed on 31 December 2014. 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). ═══════════════ s. 7 -- 9 of 10 -- Alpine Resorts and National Parks Acts Amendment Act 2013 No. 17 of 2013 9 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 20 February 2013 Legislative Council: 7 March 2013 The long title for the Bill for this Act was "A Bill for an Act to provide for the excision of 2 parcels of land from the Alpine National Park, the incorporation of that land and other land into the Falls Creek Alpine Resort, the excision of a parcel of land from the Falls Creek Alpine Resort and the incorporation of that land into the Alpine National Park and for other purposes." Endnotes -- 10 of 10 --