National Parks Amendment (Leasing Powers and Other Matters) Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
National Parks Amendment (Leasing Powers and
Other Matters) Act 2013
No. 45 of 2013
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2—AMENDMENTS RELATING TO LEASING POWERS 3
4 Powers of Minister 3
5 Management agreements with Trust for Nature 3
6 Minister may make management agreements with public
authorities 3
7 Leasing and managing of land adjacent to parks 3
8 New sections 19G to 19K inserted 3
19G Power of Minister to grant leases not exceeding
21 years 3
19H In-principle approval of longer term leases 4
19I Power of Minister to grant leases more than 21 years
but not exceeding 99 years 6
19J Power of Minister to enter into agreements to lease 7
19K Power of Minister to grant licences associated with
leases 7
9 Lighthouse leases—Great Otway National Park 8
10 Leases in Point Nepean National Park 9
11 New sections 30AAAB to 30AAAD inserted 9
30AAAB In-principle approval of longer term leases—
Point Nepean National Park 9
30AAAC Power of Minister to grant leases more than
21 years but not exceeding 99 years—Point
Nepean National Park 10
30AAAD Power of Minister to enter into agreements to
lease—Point Nepean National Park 11
12 Licences associated with lease—Point Nepean National Park 12
13 Leases in Mount Buffalo National Park 13
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14 New sections 31AABA to 31AABC inserted 13
31AABA In-principle approval of longer term leases—
Mount Buffalo National Park 13
31AABB Power of Minister to grant leases more than
21 years but not exceeding 99 years—Mount
Buffalo National Park 15
31AABC Power of Minister to enter into agreements to
lease—Mount Buffalo National Park 15
15 Licences associated with lease—Mount Buffalo National Park 16
16 Arthurs Seat chairlift lease 17
17 New sections 32CB to 32CD inserted 17
32CB In-principle approval of longer term leases—Arthurs
Seat chairlift 17
32CC Power of Minister to grant longer term leases—
Arthurs Seat chairlift lease 19
32CD Power of Minister to enter into agreements to lease—
Arthurs Seat chairlift 20
18 Transitional provisions 21
PART 4—NATIONAL PARKS AMENDMENT
(LEASING POWERS AND OTHER MATTERS)
ACT 2013 21
15 Continuation of leases granted under section 19(2) 21
16 Continuation of licences granted under section 19(3) 21
17 Continuation of lighthouse leases granted under
section 29B 22
PART 3—AMENDMENTS RELATING TO REGULATION
MAKING POWERS 24
19 Regulations 24
PART 4—REPEAL OF AMENDING ACT 26
20 Repeal of amending Act 26
═══════════════
ENDNOTES 27
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
National Parks Amendment (Leasing
Powers and Other Matters) Act 2013 †
No. 45 of 2013
[Assented to 27 August 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The purpose of this Act is to amend the National
Parks Act 1975—
(a) in relation to leases and licences;
(b) to provide further regulation making powers.
Victoria
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Part 1—Preliminary
National Parks Amendment (Leasing Powers and Other Matters) Act 2013
No. 45 of 2013
2
Authorised by the Chief Parliamentary Counsel
2 Commencement
(1) This Act, except Part 2, comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), Part 2 comes into
operation on a day or days to be proclaimed.
(3) If a provision of this Act referred to in
subsection (2) does not come into operation
before 27 May 2014, it comes into operation on
that day.
3 Principal Act
In this Act, the National Parks Act 1975 is called
the Principal Act.
__________________
s. 3
See:
Act No.
8702/1975.
Reprint No. 14
as at
14 November
2012
and
amending
Act Nos
38/1989 and
17/2013.
LawToday:
www.
legislation.
vic.gov.au
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PART 2—AMENDMENTS RELATING TO LEASING
POWERS
4 Powers of Minister
Section 19(2) and (3) of the Principal Act are
repealed.
5 Management agreements with Trust for Nature
In section 19A(2A)(b) of the Principal Act for
"19(2) and (3)," substitute "19G, 19J, 19K,".
6 Minister may make management agreements with
public authorities
In section 19C(2)(c) of the Principal Act for
"19(2) and (3)," substitute "19G, 19J, 19K,".
7 Leasing and managing of land adjacent to parks
In section 19E(3)(c) of the Principal Act for
"19(2) and (3)," substitute "19G, 19J, 19K,".
8 New sections 19G to 19K inserted
After section 19F of the Principal Act insert—
"19G Power of Minister to grant leases not
exceeding 21 years
(1) Subject to this Act, after consulting the
National Parks Advisory Council, the
Minister may grant a lease to a person of any
land that is described in a Schedule to this
Act other than—
(a) a wilderness park described in
Schedule Two A;
(b) a wilderness zone described in
Schedule Five;
(c) a remote and natural area described in
Schedule Six;
(d) a designated water supply catchment
area;
s. 4
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(e) a natural catchment area described in
Schedule 2 to the Heritage Rivers Act
1992 that is located in a park;
(f) a reference area.
(2) A lease under subsection (1)—
(a) must be granted in writing; and
(b) is subject to any rent or other charges
and terms and conditions determined by
the Minister; and
(c) must not be for a term of more than
21 years.
(3) The purpose of a lease under
subsection (1)—
(a) must be consistent with the objects of
this Act in relation to the land; and
(b) may be for the occupation of buildings
or the construction and occupation of
buildings, including buildings
providing accommodation, but not for
the purpose of industrial or residential
use.
(4) For the purposes of subsection (2)(b), the
Minister must ensure that the lease is subject
to conditions that prevent or minimise any
adverse impact on the park (including its
natural, indigenous, historic, cultural,
landscape and recreational values) by the
development or use of the land that is
permitted under the lease.
19H In-principle approval of longer term
leases
(1) Before determining whether to give
in-principle approval in relation to a proposal
to grant a lease under section 19I, the
s. 8
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Minister must publish a notice in a daily
newspaper circulating generally throughout
Victoria and in a newspaper circulating
generally in the area in which the land that
may be the subject of the lease is situated
that—
(a) describes, in general terms, the
proposal to grant a lease under
section 19I for a particular use,
development, improvements or works;
and
(b) states that persons who, or bodies that,
may be affected by the proposal may
make submissions to the Minister in
relation to the proposal; and
(c) states that the submissions must be
made on or before the date specified in
the notice, being a date at least 28 days
after the date on which the notice is
published.
(2) The Minister must take into account any
submissions made in relation to the proposal
which were received on or before the date
specified in the notice.
(3) The Minister may take into account any
other information provided by the Secretary
or any other person or body.
(4) The Minister may give in-principle approval
in relation to the proposal to grant a lease if
the Minister is satisfied that it would be
appropriate to grant a lease under
section 19I.
s. 8
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(5) The in-principle approval—
(a) must be given in writing; and
(b) may be subject to any conditions that
the Minister determines are appropriate.
(6) Despite giving in-principle approval under
this section, the Minister is not required to
grant a lease under section 19I.
19I Power of Minister to grant leases more
than 21 years but not exceeding 99 years
(1) Subject to this Act, the Minister may grant a
lease for a term of more than 21 years but
not exceeding 99 years of any land that may
be leased under section 19G if the
Minister—
(a) has consulted the National Parks
Advisory Council; and
(b) has given in-principle approval in
relation to the proposal to grant a lease
in accordance with section 19H; and
(c) is satisfied that—
(i) the proposed use, development,
improvements or works that are to
be the subject of the lease are of a
substantial nature and of a value
which justifies a longer term
lease; and
(ii) the granting of a longer term lease
is in the public interest.
(2) Section 19G(2)(a) and (b), (3) and (4) apply
to a lease granted under this section.
s. 8
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19J Power of Minister to enter into
agreements to lease
(1) For the purposes of granting a lease of land
under section 19G or 19I, the Minister may
enter into an agreement to lease that land if
the Minister has not yet entered into the
lease.
(2) An agreement to lease land under
subsection (1)—
(a) must be subject to conditions that
prevent or minimise any adverse impact
on the park (including its natural,
indigenous, historic, cultural, landscape
and recreational values) by the
development or use of the land that is
permitted under the agreement; and
(b) may be subject to any other conditions
that must be met before a lease is
granted under section 19G or 19I.
(3) If the Minister enters into an agreement to
lease land under subsection (1) and the
agreement to lease gives a right to occupy
the land for a period of time, the aggregate of
that period and the term of any lease granted
consequently must not exceed—
(a) 21 years, in the case of a lease granted
under section 19G; or
(b) 99 years, in the case of a lease granted
under section 19I.
19K Power of Minister to grant licences
associated with leases
(1) If a lease is granted to a person under
section 19G or 19I, the Minister may grant
the person a licence to use any land,
building, improvements or works in the
s. 8
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vicinity of, or connected with, the land that is
subject to the lease.
(2) A licence under subsection (1) may be
granted—
(a) at the same time as the lease to which it
relates is granted; or
(b) after the lease to which it relates is
granted.
(3) A licence under subsection (1)—
(a) must be for the same or a related
purpose for which the land is leased;
and
(b) must be granted in writing; and
(c) may be for the whole or part of the term
of the lease; and
(d) is subject to any fees and other charges
and terms and conditions determined by
the Minister.
(4) For the purposes of subsection (3)(d), the
Minister must ensure that the licence is
subject to conditions that prevent or
minimise any adverse impact on the park
(including its natural, indigenous, historic,
cultural, landscape and recreational values)
by the development or use of the land that is
permitted under the licence.".
9 Lighthouse leases—Great Otway National Park
Section 29B(1) and (2) of the Principal Act are
repealed.
s. 9
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10 Leases in Point Nepean National Park
(1) In section 30AAA(2) of the Principal Act for
"historic, indigenous, cultural, natural and
landscape features" substitute "natural,
indigenous, historic, cultural, landscape and
recreational values".
(2) For section 30AAA(5) of the Principal Act
substitute—
"(5) For the purposes of subsection (4)(c), the
Minister must ensure that the lease is subject
to conditions that prevent or minimise any
adverse impact on the park (including its
natural, indigenous, historic, cultural,
landscape and recreational values) by the
development or use of the land that is
permitted under the lease.".
11 New sections 30AAAB to 30AAAD inserted
After section 30AAA of the Principal Act
insert—
"30AAAB In-principle approval of longer term
leases—Point Nepean National Park
(1) Before determining whether to give
in-principle approval in relation to a proposal
to grant a lease under section 30AAAC, the
Minister must publish a notice in a daily
newspaper circulating generally throughout
Victoria and in a newspaper circulating
generally in the area in which the land that
may be the subject of the lease is situated
that—
(a) describes, in general terms, the
proposal to grant a lease under
section 30AAAC for a particular use,
development, improvements or works;
and
s. 10
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(b) states that persons who, or bodies that,
may be affected by the proposal may
make submissions to the Minister in
relation to the proposal; and
(c) the submissions must be made on or
before the date specified in the notice,
being a date at least 28 days after the
date on which the notice is published.
(2) The Minister must take into account any
submissions made in relation to the proposal
which were received on or before the date
specified in the notice.
(3) The Minister may take into account any
other information provided by the Secretary
or any other person or body.
(4) The Minister may give in-principle
approval in relation to the proposal to grant
a lease if the Minister is satisfied that it
would be appropriate to grant a lease under
section 30AAAC.
(5) The in-principle approval—
(a) must be given in writing; and
(b) may be subject to any conditions that
the Minister determines are appropriate.
(6) Despite giving in-principle approval under
this section, the Minister is not required to
grant a lease under section 30AAAC.
30AAAC Power of Minister to grant leases more
than 21 years but not exceeding
99 years—Point Nepean National Park
(1) The Minister may grant a lease for a term
of more than 21 years but not exceeding
99 years of any area of land which may be
leased under section 30AAA if the
Minister—
s. 11
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(a) has consulted the National Parks
Advisory Council; and
(b) has given in-principle approval in
relation to the proposal to grant a lease
in accordance with section 30AAAB;
and
(c) is satisfied that—
(i) the proposed use, development,
improvements or works that are to
be the subject of the lease are of a
substantial nature and of a value
which justifies a longer term
lease; and
(ii) the granting of a longer term lease
is in the public interest.
(2) Section 30AAA(2), (3), (4)(a) and (c) and (5)
apply to a lease granted under this section.
30AAAD Power of Minister to enter into
agreements to lease—Point Nepean
National Park
(1) For the purposes of granting a lease of land
under section 30AAA or 30AAAC, the
Minister may enter into an agreement to
lease that land if the Minister has not yet
entered into the lease.
(2) An agreement to lease land under
subsection (1)—
(a) must be subject to conditions that
prevent or minimise any adverse impact
on the park (including its natural,
indigenous, historic, cultural, landscape
and recreational values) by the
development or use of the land that is
permitted under the agreement; and
s. 11
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(b) may be subject to any other conditions
that must be met before a lease is
granted under section 30AAA
or 30AAAC.
(3) If the Minister enters into an agreement to
lease land under subsection (1) and the
agreement to lease gives a right to occupy
the land for a period of time, the aggregate of
that period and the term of any lease granted
consequently must not exceed—
(a) 21 years, in the case of a lease granted
under section 30AAA; or
(b) 99 years, in the case of a lease granted
under section 30AAAC.".
12 Licences associated with lease—Point Nepean
National Park
(1) In section 30AAB(1) of the Principal Act, after
"section 30AAA" insert "or 30AAAC".
(2) In section 30AAB(2)(c) of the Principal Act, for
"lease, but must not be for a term of more than
21 years" substitute "lease".
(3) After section 30AAB(2) of the Principal Act
insert—
"(3) A licence under subsection (1) may be
granted—
(a) at the same time as the lease to which it
relates is granted; or
(b) after the lease to which it relates is
granted.
(4) For the purposes of subsection (2)(d), the
Minister must ensure that the licence is
subject to conditions that prevent or
minimise any adverse impact on the park
(including its natural, indigenous, historic,
s. 12
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cultural, landscape and recreational values)
by the development or use of the land that is
permitted under the licence.".
13 Leases in Mount Buffalo National Park
(1) In section 31AA(2) of the Principal Act for
"historic, indigenous, cultural, natural and
landscape features" substitute "natural,
indigenous, historic, cultural, landscape and
recreational values".
(2) For section 31AA(5) of the Principal Act
substitute—
"(5) For the purposes of subsection (4)(c), the
Minister must ensure that the lease is subject
to conditions that prevent or minimise any
adverse impact on the park (including its
natural, indigenous, historic, cultural,
landscape and recreational values) by the
development or use of the land that is
permitted under the lease.".
14 New sections 31AABA to 31AABC inserted
After section 31AA of the Principal Act insert—
"31AABA In-principle approval of longer term
leases—Mount Buffalo National Park
(1) Before determining whether to give
in-principle approval in relation to a proposal
to grant a lease under section 31AABB, the
Minister must publish a notice in a daily
newspaper circulating generally throughout
Victoria and in a newspaper circulating
generally in the area in which the land that
may be the subject of the lease is situated
that—
s. 13
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(a) describes, in general terms, the
proposal to grant a lease under
section 31AABB for a particular use,
development, improvements or works;
and
(b) states that persons who, or bodies that,
may be affected by the proposal may
make submissions to the Minister in
relation to the proposal; and
(c) the submissions must be made on or
before the date specified in the notice,
being a date at least 28 days after the
date on which the notice is published.
(2) The Minister must take into account any
submissions made in relation to the proposal
which were received on or before the date
specified in the notice.
(3) The Minister may take into account any
other information provided by the Secretary
or any other person or body.
(4) The Minister may give in-principle
approval in relation to the proposal to grant
a lease if the Minister is satisfied that it
would be appropriate to grant a lease under
section 31AABB.
(5) The in-principle approval—
(a) must be given in writing; and
(b) may be subject to any conditions that
the Minister determines are appropriate.
(6) Despite giving in-principle approval under
this section, the Minister is not required to
grant a lease under section 31AABB.
s. 14
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31AABB Power of Minister to grant leases more
than 21 years but not exceeding
99 years—Mount Buffalo National Park
(1) The Minister may grant a lease for a term
of more than 21 years but not exceeding
99 years of any land that may be leased
under section 31AA if the Minister—
(a) has consulted the National Parks
Advisory Council; and
(b) has given in-principle approval in
relation to the proposal to grant a lease
in accordance with section 31AABA;
and
(c) is satisfied that—
(i) the proposed use, development,
improvements or works that are to
be the subject of the lease are of a
substantial nature and of a value
which justifies a longer term
lease; and
(ii) the granting of a longer term lease
is in the public interest.
(2) Section 31AA(2), (3), (4)(a) and (c) and (5)
apply to a lease granted under this section.
31AABC Power of Minister to enter into
agreements to lease—Mount Buffalo
National Park
(1) For the purposes of granting a lease of land
under section 31AA or 31AABB, the
Minister may enter into an agreement to
lease that land if the Minister has not yet
entered into the lease.
s. 14
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(2) An agreement to lease land under
subsection (1)—
(a) must be subject to conditions that
prevent or minimise any adverse impact
on the park (including its natural,
indigenous, historic, cultural, landscape
and recreational values) by the
development or use of the land that is
permitted under the agreement; and
(b) may be subject to any other conditions
that must be met before a lease is
granted under section 31AA
or 31AABB.
(3) If the Minister enters into an agreement to
lease land under subsection (1) and the
agreement to lease gives a right to occupy
the land for a period of time, the aggregate of
that period and the term of any lease granted
consequently must not exceed—
(a) 21 years, in the case of a lease granted
under section 31AA; or
(b) 99 years, in the case of a lease granted
under section 31AABB.".
15 Licences associated with lease—Mount Buffalo
National Park
(1) In section 31AAB(1) of the Principal Act—
(a) after "section 31AA" insert "or section
31AABB";
(b) after "vicinity of" insert ", or connected
with,".
s. 15
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(2) After section 31AAB(2) of the Principal Act
insert—
"(3) A licence under subsection (1) may be
granted—
(a) at the same time as the lease to which it
relates is granted; or
(b) after the lease to which it relates is
granted.
(4) For the purposes of subsection (2)(d), the
Minister must ensure that the licence is
subject to conditions that prevent or
minimise any adverse impact on the park
(including its natural, indigenous, historic,
cultural, landscape and recreational values)
by the development or use of the land that is
permitted under the licence.".
16 Arthurs Seat chairlift lease
For section 32CA(4) of the Principal Act
substitute—
"(4) For the purposes of subsection (3)(c), the
Minister must ensure that the lease is subject
to conditions that prevent or minimise any
adverse impact on the park (including its
natural, indigenous, historic, cultural,
landscape and recreational values) by the
development or use of the land that is
permitted under the lease.".
17 New sections 32CB to 32CD inserted
After section 32CA of the Principal Act insert—
"32CB In-principle approval of longer term
leases—Arthurs Seat chairlift
(1) Before determining whether to give
in-principle approval in relation to a proposal
to grant a lease under section 32CC, the
s. 16
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Minister must publish a notice in a daily
newspaper circulating generally throughout
Victoria and in a newspaper circulating
generally in the area in which the land that
may be the subject of the lease is situated
that—
(a) describes, in general terms, the
proposal to grant a lease under
section 32CC for a particular use,
development, improvements or works;
and
(b) states that persons who, or bodies that,
may be affected by the proposal may
make submissions to the Minister in
relation to the proposal; and
(c) the submissions must be made on or
before the date specified in the notice,
being a date at least 28 days after the
date on which the notice is published.
(2) The Minister must take into account any
submissions made in relation to the proposal
which were received on or before the date
specified in the notice.
(3) The Minister may take into account any
other information provided by the Secretary
or any other person or body.
(4) The Minister may give in-principle approval
in relation to the proposal to grant a lease if
the Minister is satisfied that it would be
appropriate to grant a lease under
section 32CC.
(5) The in-principle approval—
(a) must be given in writing; and
(b) may be subject to any conditions that
the Minister determines are appropriate.
s. 17
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(6) Despite giving in-principle approval under
this section, the Minister is not required to
grant a lease under section 32CC.
32CC Power of Minister to grant longer term
leases—Arthurs Seat chairlift lease
(1) The Minister may grant a lease for a term
of more than 21 years but not exceeding
99 years of any area of land referred to in
section 32CA if the Minister—
(a) has consulted the National Parks
Advisory Council; and
(b) has given in-principle approval in
relation to the proposal to grant a lease
in accordance with section 32CB; and
(c) is satisfied that—
(i) the proposed use, development,
improvements or works that are to
be the subject of the lease are of a
substantial nature and of a value
which justifies a longer term
lease; and
(ii) the granting of a longer term lease
is in the public interest.
(2) Section 32CA(2), (3)(a) and (c) and (4)
apply to a lease granted under this section.
(3) Subsection (1)(b) does not apply in relation
to the granting of a lease under this section
for which the Minister has selected a
preferred proponent for the development of a
new chairlift in the park described in Part 2
of Schedule Two B before the
commencement of section 17 of the
National Parks Amendment (Leasing
Powers and Other Matters) Act 2013.
s. 17
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32CD Power of Minister to enter into
agreements to lease—Arthurs Seat
chairlift
(1) For the purposes of granting a lease of land
under section 32CA or 32CC, the Minister
may enter into an agreement to lease that
land if the Minister has not yet entered into
the lease.
(2) An agreement to lease land under
subsection (1)—
(a) must be subject to conditions that
prevent or minimise any adverse impact
on the park (including its natural,
indigenous, historic, cultural, landscape
and recreational values) by the
development or use of the land that is
permitted under the agreement; and
(b) may be subject to any other conditions
that must be met before a lease is
granted under section 32CA or 32CC.
(3) If the Minister enters into an agreement to
lease land under subsection (1) and the
agreement to lease gives a right to occupy
the land for a period of time, the aggregate of
that period and the term of any lease granted
consequently must not exceed—
(a) 21 years, in the case of a lease granted
under section 32CA; or
(b) 99 years, in the case of a lease granted
under section 32CC.".
s. 17
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18 Transitional provisions
After Part 3 in Schedule One AA to the Principal
Act insert—
"PART 4—NATIONAL PARKS AMENDMENT
(LEASING POWERS AND OTHER MATTERS)
ACT 2013
15 Continuation of leases granted under
section 19(2)
(1) On and from the commencement of section 4
of the National Parks Amendment
(Leasing Powers and Other Matters) Act
2013, a tenancy of land granted to a person
under section 19(2) and in force immediately
before that commencement continues in
force on and from that commencement until
the tenancy expires, at such rent and subject
to such terms and conditions as the Minister
determined for that tenancy.
(2) Despite subclause (1), this Act, as in force at
the time of a renewal of a tenancy of land
granted under section 19(2), applies to that
renewal if the tenancy of land—
(a) is in force immediately before the
commencement of section 4 of the
National Parks Amendment (Leasing
Powers and Other Matters) Act 2013;
and
(b) contains an option to renew the tenancy
for a further term or terms.
16 Continuation of licences granted under
section 19(3)
(1) On and from the commencement of section 4
of the National Parks Amendment
(Leasing Powers and Other Matters) Act
2013, a licence granted to a person under
s. 18
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section 19(3) and in force immediately
before that commencement continues in
force on and from that commencement until
the licence expires, at such fees and charges
and subject to such terms, conditions and
covenants as the Minister determined for that
licence.
(2) Despite subclause (1), the Act, as in force at
the time of a renewal of a licence granted
under section 19(3), applies to that renewal if
the licence—
(a) is in force immediately before the
commencement of section 4 of the
National Parks Amendment (Leasing
Powers and Other Matters) Act 2013;
and
(b) contains an option to renew the licence
for a further term or terms.
17 Continuation of lighthouse leases granted
under section 29B
(1) On and from the commencement of section 9
of the National Parks Amendment
(Leasing Powers and Other Matters) Act
2013, a lease granted to a person under
section 29B(1) and in force immediately
before that commencement continues in
force on and from that commencement until
the lease expires, subject to such rent and
such other charges and terms and conditions
as the Minister determined for that lease.
(2) Despite subclause (1), the Act, as in force at
the time of a renewal of a lease granted
under section 29B(1), applies to that renewal
if the lease—
s. 18
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(a) is in force immediately before the
commencement of section 9 of the
National Parks Amendment (Leasing
Powers and Other Matters) Act 2013;
and
(b) contains an option to renew the lease
for a further term or terms.".
__________________
s. 18
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PART 3—AMENDMENTS RELATING TO REGULATION
MAKING POWERS
19 Regulations
(1) After section 48(1)(l) of the Principal Act
insert—
"(la) setting aside areas in parks in which
specified activities are permitted, restricted
or prohibited;".
(2) After section 48(1)(o) of the Principal Act
insert—
"(oa) providing for offences for which the owner
of an animal, or a person having care or
control of an animal, is guilty if the animal is
found in a park in contravention of the
regulations;".
(3) After section 48(2)(c) of the Principal Act
insert—
"(ca) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by the Secretary, including,
but not limited to—
(i) the setting aside of areas in parks;
(ii) the granting of permits subject to any
reasonable conditions and the
revocation of permits; and
(cb) may provide in a specified case or class of
cases for the exemption of persons or things
or a class of persons or things from any of
the provisions of the regulations—
(i) whether unconditionally or on specified
conditions; and
(ii) either wholly or to such an extent as is
specified; and".
s. 19
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(4) In section 48(3) of the Principal Act after
"subsection (2)(c)" insert "and (ca)".
__________________
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Part 4—Repeal of Amending Act
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PART 4—REPEAL OF AMENDING ACT
20 Repeal of amending Act
This Act is repealed on 27 May 2015.
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. 20
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 29 May 2013
Legislative Council: 27 June 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
National Parks Act 1975 in relation to leases and licences, to provide
further regulation making powers and for other purposes."
Endnotes
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