National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006

i National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3 3. Definitions 3 4. Order that land to be treated as a park for certain purposes 3 5. Fishing offences in marine national parks and marine sanctuaries 3 6. Liability for offences 4 7. Time for bringing proceedings 5 8. Amendment of regulation making powers 5 9. Repeal of spent transitional provisions 6 10. Substitution of section 62 6 62. Land to become part of park on surrender to Crown— 2005 Act 6 11. Repeal of sections 65 and 66 6 12. Insertion of new sections 68, 69, 70 and 71 7 68. Definition—2006 Act 7 69. Operation of amendments to section 19F 7 70. Land to become part of park on surrender to Crown— 2006 Act 7 71. Rights to cease—roads—2006 Act 7 13. Amendment of Schedule Two 8 14. Amendment of Schedule Two B 9 15. Amendment of Schedule Three 9 16. Amendment of Schedule Four 10 -- 1 of 34 -- Section Page ii PART 3—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978 11 17. Substitution of heading in Part 4 11 18. Management powers, Beaconsfield Nature Conservation Reserve 11 19. Insertion of new sections 29G, 29H and 29I 11 29G. Control and management of water authority structures etc. in Bendigo and Macedon Regional Parks 11 29H. Water distribution works authority—Bendigo Regional Park 12 29I. Dam licences—Bendigo Regional Park 13 20. Repeal of spent provisions 14 21. Insertion of new section 43 14 43. Reserve descriptions 14 22. Insertion of new sections 47B and 47C 14 47B. Land in Part 4A of the Fifth Schedule deemed to be regional parks 14 47C. Land in Part 6 of the Fifth Schedule deemed to be water reserves 15 23. Repeal of spent provisions 15 24. Insertion of new Division 5 of Part 6 15 Division 5—Further transitional provisions—2006 Act 15 51. Definition 15 52. Cessation of interests and rights—regional parks 16 53. Cessation of interests and rights—land abutting regional parks 17 54. Savings of licences and other authorities—regional parks 17 55. Protected forest—Kurth Kiln Regional Park 18 56. Cessation of interests and rights—water reserves 19 57. Cessation of interests and rights—nature conservation reserves 20 58. Savings of licences and other authorities—nature conservation reserves 21 59. Licences to cut and take away forest produce— Jancourt Nature Conservation Reserve 21 60. Rights to cease—roads—Castlemaine Diggings National Heritage Park 22 61. Cessation of interests and rights —Aireys Inlet Recreation Reserve 22 62. Saving of licence—Aireys Inlet Recreation Reserve 23 25. Description of old reserve—Fourth Schedule 23 26. New and altered Crown land reserves—Fifth Schedule 24 27. Further amendment of the Crown Land (Reserves) Act 1978 27 -- 2 of 34 -- Section Page iii PART 4—MACEDON REGIONAL PARK 28 28. Insertion of new section 63 28 63. Addition of land—Macedon Regional Park 28 29. Amendment of land description 28 PART 5—AMENDMENT OF OTHER ACTS 29 30. Aire Heritage River—Heritage Rivers Act 1992 29 31. Restricted Crown land—Mineral Resources Development Act 1990 29 __________________ SCHEDULE—Further amendments to the Crown Land (Reserves) Act 1978 30 ═══════════════ ENDNOTES 31 -- 3 of 34 -- 1 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 † [Assented to 15 August 2006] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the National Parks Act 1975 to make further provision for parks under that Act; and Victoria No. 57 of 2006 -- 4 of 34 -- Part 1—Preliminary National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 2 (b) to amend the Crown Land (Reserves) Act 1978 to make further provision for reserves under that Act; and (c) to make other amendments to those Acts; and (d) to amend the Heritage Rivers Act 1992 and the Mineral Resources Development Act 1990. 2. Commencement (1) Section 1, Part 2 (except sections 13(2) and 16(2)), sections 18, 20, 21, 23, 26(3) and 27, Part 5, the Schedule and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 30 June 2007, it comes into operation on that day. __________________ s. 2 -- 5 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 3 PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3. Definitions In section 3(1) of the National Parks Act 1975— (a) in the definition of "Barwon water supply catchment area" for "N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F and N.P. 111G" substitute "N.P. 111C/1, N.P. 111D/1, N.P. 111E/1, N.P. 111F/1 and N.P. 111G/1"; (b) in the definition of "South West water supply catchment area" for "N.P. 111H" substitute "N.P. 111H/1". 4. Order that land to be treated as a park for certain purposes In section 19F(3) of the National Parks Act 1975 omit "pursuant to an Order under this section". 5. Fishing offences in marine national parks and marine sanctuaries (1) In section 45A(2) of the National Parks Act 1975, omit "for purposes other than for sale,". (2) After section 45A(2) of the National Parks Act 1975 insert— "(2A) A person must not, in a marine national park or a marine sanctuary, use recreational fishing equipment. Penalty: 40 penalty units.". See: Act No. 8702. Reprint No. 11 as at 10 February 2006 and amending Act Nos 38/1989 (as amended by No. 64/2004), 7/2005, 43/2005 and 61/2005. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 4 (3) After section 45A(4) of the National Parks Act 1975 insert— "(4A) Sub-section (4) does not apply to a person who is acting under and in accordance with an authorisation in writing of the Minister. (4B) For the purposes of sub-section (4A), the Minister may issue an authorisation in writing and may impose conditions on that authorisation.". (4) After section 45A(6) of the National Parks Act 1975 insert— "(6A) A person must not, in waters in a marine national park or a marine sanctuary, have in the person's possession a priority species. Penalty: 100 penalty units or 6 months imprisonment or both, in the case of a natural person; 200 penalty units, in the case of a body corporate. (6B) Sub-section (6A) does not apply to a person who is on a boat in waters in a marine national park or a marine sanctuary.". (5) After section 45A(8) of the National Parks Act 1975 insert— '(9) In this section "recreational fishing equipment" includes a rod and line, handline, dip net, bait trap, landing net, spear gun, hand-held spear, recreational bait net and recreational hoop net.'. 6. Liability for offences (1) For the heading to section 45D of the National Parks Act 1975 substitute— "Liability for offences". s. 6 -- 7 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 5 (2) After section 45D(2) of the National Parks Act 1975 insert— "(2A) If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of such an offence. (2B) Sub-section (2A) does not apply in circumstances in which sub-section (1) or (2) applies. (2C) It is a defence in any proceedings for an offence against sub-section (2A) if the person in charge of the boat establishes— (a) that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and (b) that he or she did not in any way aid, abet, counsel or procure the commission of the offence.". 7. Time for bringing proceedings In section 45E of the National Parks Act 1975, for "section 45A(1)" substitute "sections 45A(1), 45A(4), 45A(5) or 45A(6A)". 8. Amendment of regulation making powers (1) In section 48(5) of the National Parks Act 1975, for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate Legislation Act 1994". (2) In section 48(6) of the National Parks Act 1975, for "Subordinate Legislation Act 1962" substitute "Subordinate Legislation Act 1994". s. 7 -- 8 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 6 9. Repeal of spent transitional provisions (1) Section 50F of the National Parks Act 1975 is repealed. (2) Section 50I of the National Parks Act 1975 is repealed. (3) Section 60 of the National Parks Act 1975 is repealed. (4) Section 61C of the National Parks Act 1975 is repealed. (5) Section 61D of the National Parks Act 1975 is repealed. 10. Substitution of section 62 For section 62 of the National Parks Act 1975 substitute— "62. Land to become part of park on surrender to Crown—2005 Act (1) If any of the land shown delineated and coloured pink on the plans lodged in the Central Plan Office and numbered N.P. 111C and N.P. 111G is not surrendered to the Crown before the commencement of section 16(5) of the 2005 Act, that land is taken to be excluded from the park described in Part 31 of Schedule Two until the title to that land is surrendered to the Crown. (2) Sub-section (1) is deemed to have commenced on the day on which section 16(5) of the 2005 Act commenced.". 11. Repeal of sections 65 and 66 Sections 65 and 66 of the National Parks Act 1975 are repealed. s. 9 -- 9 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 7 12. Insertion of new sections 68, 69, 70 and 71 After section 67 of the National Parks Act 1975 insert— '68. Definition—2006 Act In this Part "2006 Act" means the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006. 69. Operation of amendments to section 19F Section 19F is deemed to have always been enacted as amended by section 4 of the 2006 Act. 70. Land to become part of park on surrender to Crown—2006 Act If any of the land shown delineated and coloured blue on the plans lodged in the Central Plan Office and numbered N.P. 111C/1, N.P. 111E/1, N.P. 111G/1 or N.P. 111H/1 is not surrendered to the Crown before the commencement of section 13(3) of the 2006 Act, that land is to be taken to be excluded from the park described in Part 31 of Schedule Two until the title to that land is surrendered to the Crown. 71. Rights to cease—roads—2006 Act (1) On the commencement of a sub-section of section 13 of the 2006 Act referred to in Column 1 of the Table to this sub-section, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office, the number of which is referred to in Column 2 of the Table opposite the sub- section, cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to s. 12 -- 10 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 8 any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease. TABLE Column 1 Column 2 Section 13(2) N.P. 83/5 Section 13(3) N.P. 111C/1, N.P. 111E/1 Section 13(4) N.P. 61/4 (2) On the commencement of section 14 of the 2006 Act, the lands delineated and coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 108/1 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease.'. 13. Amendment of Schedule Two (1) In Part 4 of Schedule Two to the National Parks Act 1975— (a) omit "or coloured yellow"; (b) for "N.P. 20A/12" substitute "N.P. 20A/13". (2) In Part 15 of Schedule Two to the National Parks Act 1975— (a) for "11 160 hectares" substitute "11 050 hectares"; (b) omit "excepting therefrom the roads shown as excluded"; (c) for "N.P. 83/4" substitute "N.P. 83/5". s. 13 -- 11 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 9 (3) In Part 31 of Schedule Two to the National Parks Act 1975— (a) for "103 000 hectares" substitute "103 190 hectares"; (b) omit "or coloured green"; (c) for "N.P. 111A, N.P. 111B, N.P. 111C, N.P. 111D, N.P. 111E, N.P. 111F, N.P. 111G, N.P. 111H, N.P. 111J and N.P. 111K" substitute "N.P. 111A/1, N.P. 111B/1, N.P. 111C/1, N.P. 111D/1, N.P. 111E/1, N.P. 111F/1, N.P. 111G/1, N.P. 111H/1, N.P. 111J/1 and N.P. 111K/1". (4) In Part 34 of Schedule Two to the National Parks Act 1975— (a) for "167 745 hectares" substitute "168 110 hectares"; (b) for "N.P. 61/3" substitute "N.P. 61/4". 14. Amendment of Schedule Two B In Part 37 of Schedule Two B to the National Parks Act 1975— (a) for "1 030 hectares" substitute "1010 hectares"; (b) omit "excepting therefrom the roads shown as excluded"; (c) for "N.P. 108" substitute "N.P. 108/1". 15. Amendment of Schedule Three (1) In Part 1 of Schedule Three to the National Parks Act 1975, for "N.P. 38A/3" substitute "N.P. 38A/4". s. 14 -- 12 of 34 -- Part 2—Amendments to the National Parks Act 1975 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 10 (2) In Part 13 of Schedule Three to the National Parks Act 1975— (a) omit "or coloured yellow excepting therefrom the road shown as excluded"; (b) for "N.P. 52/5" substitute "N.P. 52/6". 16. Amendment of Schedule Four (1) In Parts 1 to 8 of Schedule Four to the National Parks Act 1975, for "Park Regulations 1992" (wherever occurring) substitute "National Parks (Park) Regulations 2003". (2) In Part 8 of Schedule Four to the National Parks Act 1975— (a) omit "section 31 of"; (b) after "natural heritage" insert "and described in Division 1 of Part 2 of the Fifth Schedule to that Act"; (c) for "7540 hectares" substitute "7550 hectares"; (d) after "coloured pink" insert "or coloured yellow"; (e) for "N.P. 109A/1, N.P. 109B/1 and N.P. 109C/1" substitute "N.P. 109A/2, N.P. 109B/2 and N.P. 109C/2". __________________ s. 16 -- 13 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 11 PART 3—AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978 17. Substitution of heading in Part 4 In Part 4 of the Crown Land (Reserves) Act 1978, for the heading "Management powers in Beaconsfield Nature Conservation Reserve" substitute "Management and other powers in particular reserves". 18. Management powers, Beaconsfield Nature Conservation Reserve In section 29F(1) of the Crown Land (Reserves) Act 1978, for "Division 10" substitute "Division 9". 19. Insertion of new sections 29G, 29H and 29I After section 29F of the Crown Land (Reserves) Act 1978 insert— '29G. Control and management of water authority structures etc. in Bendigo and Macedon Regional Parks (1) The Minister, with the agreement of the Minister administering the Water Act 1989, may enter into an agreement with an authority (within the meaning of that Act) to manage and control any structures and installations in the reserve described in Division 1 or Division 3 of Part 4A of the Fifth Schedule, or to construct any new structures or installations on that land, and that are specified in the agreement. (2) For the purposes of giving effect to an agreement under sub-section (1), the authority may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or See: Act No. 9212. Reprint No. 7 as at 3 February 2005 and amending Act Nos 64/2004, 60/2005 and 24/2006. LawToday: www.dms. dpc.vic. gov.au s. 17 -- 14 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 12 control any structure or installation specified in the agreement. (3) In this section, "structures and installations" includes, but is not limited to, weirs, channels, pipelines, buildings, water gauging stations, and survey and geotechnical monitoring points. 29H. Water distribution works authority— Bendigo Regional Park (1) The Minister may grant an authority to a person to install, operate or manage works for the purposes of conveying water over any part of the land described in Division 1 of Part 4A of the Fifth Schedule. (2) An authority under sub-section (1) may be granted for the term determined by the Minister. (3) An authority under sub-section (1) is subject to— (a) any conditions the Minister thinks fit to impose; and (b) the payment of any fee or charge determined by the Minister. (4) An authority under sub-section (1) may be cancelled by the Minister if the holder does not comply with a condition of the authority. (5) The holder of an authority under sub- section (1) must not transfer the authority unless the holder has first obtained the consent of the Minister. s. 19 -- 15 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 13 (6) Despite the commencement of section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, a person who was using works for the purposes of conveying water over any part of the land described in Division 1 of Part 4A of the Fifth Schedule immediately before the commencement of that section may continue to use those works for that purpose for 12 months after the commencement of that section or until the Minister grants an authority under this section (whichever is the earlier). (7) Any use of works under sub-section (6) is subject to the conditions that applied to that use immediately before the commencement of section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006. 29I. Dam licences—Bendigo Regional Park (1) The Minister may grant a licence to any person to use land for a dam on any part of the land described in Division 1 of Part 4A of the Fifth Schedule, if that land was used for a dam immediately before the commencement of section 26(4) of the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006. (2) A licence under sub-section (1) may be granted for a term of not more than 3 years. (3) A licence under sub-section (1) is subject to— (a) any conditions that the Minister thinks fit to impose; and (b) the payment of any fee or charge determined by the Minister. s. 19 -- 16 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 14 (4) A licence under sub-section (1) may be cancelled by the Minister if the holder does not comply with a condition of the licence. (5) The holder of a licence under sub-section (1) must not transfer the licence unless the holder has first obtained the consent of the Minister.'. 20. Repeal of spent provisions Sections 33, 37, 38, 39 and 41 of the Crown Land (Reserves) Act 1978 are repealed. 21. Insertion of new section 43 After the heading to Division 2 of Part 6 of the Crown Land (Reserves) Act 1978 insert— "43. Reserve descriptions Each area of land described in a Division of a Part of the Fifth Schedule may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division.". 22. Insertion of new sections 47B and 47C After section 47A of the Crown Land (Reserves) Act 1978 insert— "47B. Land in Part 4A of the Fifth Schedule deemed to be regional parks Each area of land described in a Division of Part 4A of the Fifth Schedule is a regional park and is deemed to be permanently reserved under section 4 for public purposes being, in particular— (a) to provide opportunities for informal recreation associated with the enjoyment of natural or semi-natural surroundings; and s. 20 -- 17 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 15 (b) to protect and conserve biodiversity, natural and cultural features and water supply catchments; and (c) for minor resource use that is not inconsistent with paragraphs (a) and (b). 47C. Land in Part 6 of the Fifth Schedule deemed to be water reserves Each area of land described in a Division of Part 6 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, water supply purposes.". 23. Repeal of spent provisions (1) Section 48 of the Crown Land (Reserves) Act 1978 is repealed. (2) Section 50A of the Crown Land (Reserves) Act 1978 is repealed. (3) Section 50B of the Crown Land (Reserves) Act 1978 is repealed. 24. Insertion of new Division 5 of Part 6 After Division 4 of Part 6 of the Crown Land (Reserves) Act 1978 insert— 'Division 5—Further transitional provisions— 2006 Act 51. Definition In this Part "2006 Act" means the National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006. s. 23 -- 18 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 16 52. Cessation of interests and rights—regional parks (1) On the commencement of section 26(4) of the 2006 Act— (a) any reservation, under this or any other Act, of an area of land described in Division 1, 2 or 3 of Part 4A of the Fifth Schedule that was in force immediately before that commencement is revoked; and (b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (c) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement. (2) On the commencement of section 26(4) of the 2006 Act, the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./06–067A, LEGL./06–067B, LEGL./06–067C, LEGL./06–067D, LEGL./06–068 and LEGL./06–069 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease. s. 24 -- 19 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 17 53. Cessation of interests and rights—land abutting regional parks On the commencement of section 26(4) of the 2006 Act— (a) any reservation, under this or any other Act, of the lands delineated and coloured brown on the plans lodged in the Central Plan Office and numbered LEGL./06–067A, LEGL./06–067B, LEGL./06–067C, LEGL./06–067D, LEGL./06–068 and LEGL./06–069 that was in force immediately before that commencement is revoked; and (b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (c) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement. 54. Savings of licences and other authorities— regional parks Despite the commencement of section 26(4) of the 2006 Act and despite anything to the contrary in this Act, any lease, licence, permit or other authority over any part of the land described in Division 1, 2 or 3 of Part 4A that was granted or issued under this Act, the Extractive Industries Development Act 1995, the Forests Act 1958, the Land Act 1958, the Mineral s. 24 -- 20 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 18 Resources Development Act 1990 or the Water Act 1989 and that was in force immediately before that commencement continues in force on and after that commencement, subject to its terms and conditions. 55. Protected forest—Kurth Kiln Regional Park (1) Despite the commencement of section 26(4) of the 2006 Act, the Forests Act 1958, the Sustainable Forests (Timber) Act 2004 and the Safety on Public Land Act 2004 apply to the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./06–068 as if the land were protected forest (within the meaning of the Forests Act 1958). (2) Despite sub-section (1), a power under the Forests Act 1958 or the Sustainable Forests (Timber) Act 2004 that relates to the cutting, taking or harvesting of timber may only be exercised— (a) at a low intensity level; and (b) in respect of the following— (i) poles; (ii) posts; (iii) firewood; (iv) sawlogs; (v) residual logs associated with sawlog harvesting operations. s. 24 -- 21 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 19 56. Cessation of interests and rights—water reserves (1) On the commencement of section 26(6) of the 2006 Act— (a) any reservation, under this or any other Act, of an area of land described in Divisions 1 to 8 of Part 6 of the Fifth Schedule that was in force immediately before that commencement is revoked; and (b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (c) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement. (2) On the commencement of section 26(6) of the 2006 Act, the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./06–254 and LEGL./06–256 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease. s. 24 -- 22 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 20 57. Cessation of interests and rights—nature conservation reserves (1) On the commencement of section 26(1) of the 2006 Act— (a) any reservation, under this or any other Act, of an area of land described in Division 11, 12, 13 or 14 of Part 1 of the Fifth Schedule that was in force immediately before that commencement is revoked; and (b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (c) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement. (2) On the commencement of section 26(1) of the 2006 Act, the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./06–062 and LEGL./06–063 cease to be roads or parts of roads or road reserves and all rights, easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease. s. 24 -- 23 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 21 58. Savings of licences and other authorities— nature conservation reserves Despite the commencement of section 26(1) of the 2006 Act, and despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land described in Division 11, 12, 13 or 14 of Part 1 of the Fifth Schedule that was granted or issued under this Act, the Forests Act 1958, the Land Act 1958, the Mineral Resources Development Act 1990 or the Petroleum Act 1998 and that was in force immediately before that commencement continues in force on and after that commencement, subject to its terms and conditions. 59. Licences to cut and take away forest produce—Jancourt Nature Conservation Reserve (1) On and from the commencement of section 26(1) of the 2006 Act, section 52 of the Forests Act 1958 continues to apply (despite anything to the contrary in this Act) to enable a licence to be granted under that section to cut and take away forest produce for firewood in respect of any part of the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./06–062. Any licence so granted may be dealt with under section 52 of that Act. (2) This section expires on 30 June 2010. s. 24 -- 24 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 22 60. Rights to cease—roads—Castlemaine Diggings National Heritage Park On the commencement of section 26(2) of the 2006 Act, the lands delineated and coloured yellow on the plans lodged in the Central Plan Office and numbered N.P. 109B/2 and N.P. 109C/2 cease to be roads or parts of roads or road reserves and all rights easements and privileges existing or claimed, either by the public or any body or person as incident to any express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, cease. 61. Cessation of interests and rights—Aireys Inlet Recreation Reserve On the commencement of section 26(5) of the 2006 Act— (a) the Order in Council specified in the Fourth Schedule is revoked; and (b) any reservation, under this or any other Act, of an area of land described in Division 3 of Part 5 of the Fifth Schedule that was in force immediately before that commencement is revoked; and (c) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (d) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land s. 24 -- 25 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 23 immediately before that commencement. 62. Saving of licence—Aireys Inlet Recreation Reserve Despite the commencement of section 26(5) of the 2006 Act, any petroleum exploration permit over any part of the land described in Division 3 of Part 5 of the Fifth Schedule granted under Part 3 of the Petroleum Act 1998 and that was in force immediately before that commencement continues in force on and after that commencement, subject to its terms and conditions.'. 25. Description of old reserve—Fourth Schedule In the Fourth Schedule to the Crown Land (Reserves) Act 1978, for the Table substitute— " Aireys Inlet Natural Features Reserve Situation and area of land Crown Allotment 19J, Parish of Angahook, 2·249 hectares Instrument and date of reservation Order in Council dated 24 October 1989 Description of land by reference to Government Gazette Government Gazette dated 1 November 1989, page 2813 Purpose of reservation For the conservation of an area of natural interest Extent of revocation All of the land ". s. 25 -- 26 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 24 26. New and altered Crown land reserves—Fifth Schedule (1) After Division 10 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert— "DIVISION 11—BUNGADOR STONY RISES NATURE CONSERVATION RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–060. DIVISION 12—CORADJIL NATURE CONSERVATION RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–061. DIVISION 13—JANCOURT NATURE CONSERVATION RESERVE The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–062. DIVISION 14—MARENGO NATURE CONSERVATION RESERVE The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–063.". (2) In Division 1 of Part 2 of the Fifth Schedule to the Crown Land (Reserves) Act 1978— (a) for "7540 hectares" substitute "7550 hectares"; (b) after "coloured pink" insert "or coloured yellow"; (c) for "N.P. 109A/1, N.P. 109B/1 and N.P. 109C/1" substitute "N.P. 109A/2, N.P. 109B/2 and N.P. 109C/2". s. 26 -- 27 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 25 (3) After Division 2 of Part 3 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert— "DIVISION 3—BLACK DOG CREEK NATURAL FEATURES RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./02–071. DIVISION 4—NATHALIA NATURAL FEATURES RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–064. DIVISION 5—NUMURKAH NATURAL FEATURES RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–065. DIVISION 6—WATTVILLE NATURAL FEATURES RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–066.". (4) After Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert— "PART 4A—REGIONAL PARKS DIVISION 1—BENDIGO REGIONAL PARK The land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./06–067A, LEGL./06–067B, LEGL./06–067C and LEGL./06–067D. DIVISION 2—KURTH KILN REGIONAL PARK The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–068. s. 26 -- 28 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 26 DIVISION 3—MACEDON REGIONAL PARK The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–069.". (5) After Division 2 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert— "DIVISION 3—AIREYS INLET RECREATION RESERVE Crown allotment 19J, Parish of Angahook. Purposes of the reservation— The purposes of recreation.". (6) After Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978 insert— "PART 6—WATER RESERVES DIVISION 1—ANDERSONS AND MACDONALDS RESERVOIRS WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–252. DIVISION 2—BAWDEN RESERVOIR WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–253. DIVISION 3—KITTY ENGLISH AND FRANK MANN RESERVOIRS WATER RESERVE The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–254. DIVISION 4—MACDONALDS TANK WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–255. s. 26 -- 29 of 34 -- Part 3—Amendments to the Crown Land (Reserves) Act 1978 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 27 DIVISION 5—ORDE HILL AND WILLIMIGONGON RESERVOIRS WATER RESERVE The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–256. DIVISION 6—PIERCE RESERVOIR–BARRINGO CREEK WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–257. DIVISION 7—RESERVOIR A WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–258. DIVISION 8—RESERVOIRS B AND C WATER RESERVE The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–259.". 27. Further amendment of the Crown Land (Reserves) Act 1978 The Crown Land (Reserves) Act 1978 is amended as set out in the Schedule. __________________ s. 27 -- 30 of 34 -- Part 4—Macedon Regional Park National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 28 PART 4—MACEDON REGIONAL PARK 28. Insertion of new section 63 After section 62 of the Crown Land (Reserves) Act 1978 insert— "63. Addition of land—Macedon Regional Park On the commencement of Part 4 of the 2006 Act— (a) any reservation, under this or any other Act, of an area of land delineated and coloured blue on the plan numbered LEGL./06–069, that was in force immediately before that commencement is revoked; and (b) any regulations made under section 13 of this Act that applied to any such area of land immediately before that commencement are revoked in so far as they apply to the land; and (c) that land is deemed to be freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests in or applying to any part of the land immediately before that commencement.". 29. Amendment of land description In Division 3 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, after "coloured yellow" insert "or coloured blue". __________________ s. 28 -- 31 of 34 -- Part 5—Amendment of Other Acts National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 29 PART 5—AMENDMENT OF OTHER ACTS 30. Aire Heritage River—Heritage Rivers Act 1992 In paragraph (a) of Part 16 of Schedule 1 to the Heritage Rivers Act 1992, for "Otway National Park" substitute "Great Otway National Park". 31. Restricted Crown land—Mineral Resources Development Act 1990 (1) For clause 4A of Schedule 3 to the Mineral Resources Development Act 1990 substitute— "4A. Any land that is described in Divisions 1 to 6 of Part 3 and Division 1 of Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.". (2) After clause 4A of Schedule 3 to the Mineral Resources Development Act 1990 insert— "4B. Any land that is described in Part 8 of Schedule Four to the National Parks Act 1975.". (3) After clause 5 of Schedule 3 to the Mineral Resources Development Act 1990 insert— "6. Despite anything to the contrary in this Schedule, any land shown delineated and coloured grey on the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered LEGL./06–260 is to be taken not to be land specified in this Schedule for the purposes of the definition of "restricted Crown land.". __________________ See: Act No. 36/1992. Reprint No. 1 as at 8 April 1999 and amending Act No. 60/2005. LawToday: www.dms. dpc.vic. gov.au s. 30 See: Act No. 92/1990. Reprint No. 6 as at 1 January 2006 and amending Act No. 16/2006. LawToday: www.dms. dpc.vic. gov.au -- 32 of 34 -- National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 30 SCHEDULE FURTHER AMENDMENTS TO THE CROWN LAND (RESERVES) ACT 1978 1. In section 44 of the Crown Land (Reserves) Act 1978, omit "and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division". 2. In section 45 of the Crown Land (Reserves) Act 1978, omit "and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division". 3. In section 46 of the Crown Land (Reserves) Act 1978, omit "and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division". 4. In section 47 of the Crown Land (Reserves) Act 1978, omit "and may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division". ═══════════════ Sch. -- 33 of 34 -- National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006 Act No. 57/2006 31 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 June 2006 Legislative Council: 20 July 2006 The long title for the Bill for this Act was "to amend the National Parks Act 1975 to make further provision for parks under that Act, to amend the Crown Land (Reserves) Act 1978 to make further provision for reserves under that Act, to make other amendments to those Acts, to amend the Heritage Rivers Act 1992 and the Mineral Resources Development Act 1990 and for other purposes." Endnotes -- 34 of 34 --