National Parks (Alpine National Park Grazing) Act

i National Parks (Alpine National Park Grazing) Act 2005 Act No. 35/2005 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Definition 2 4. Repeal of section 22C 2 5. Certain existing uses not to continue 2 6. Insertion of new section 30BA 2 30BA. Rights to move cattle through the Alpine National Park 2 7. Repeal of section 32AD 3 8. Insertion of new section 49AA 3 49AA. Definition 3 9. Insertion of new sections 50O and 50P 4 50O. Saving of licences—Alpine Grazing Act 4 50P. Licences not renewable 5 10. Repeal of section 55 5 11. Repeal of section 57 5 12. Repeal of section 58 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 National Parks (Alpine National Park Grazing) Act 2005 † [Assented to 28 June 2005] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the National Parks Act 1975 in relation to cattle grazing in the Alpine National Park and to make other minor and related amendments to that Act. 2. Commencement (1) This Act (except sections 4, 7, 10, 11 and 12) comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 35 of 2005 -- 2 of 7 -- Act No. 35/2005 National Parks (Alpine National Park Grazing) Act 2005 2 (2) Sections 4, 7, 10, 11 and 12 come into operation on 14 August 2005. 3. Definition In section 3(1) of the National Parks Act 1975 insert the following definition— ' "reference area" means an area proclaimed to be a reference area under the Reference Areas Act 1978;'. 4. Repeal of section 22C Section 22C of the National Parks Act 1975 is repealed. 5. Certain existing uses not to continue At the end of section 25A of the National Parks Act 1975 insert— '(2) In this section, "recommendation" does not include any recommendation as to the continuation of grazing on any land in the park described in Part 37 of Schedule Two.'. 6. Insertion of new section 30BA After section 30B of the National Parks Act 1975 insert— "30BA. Rights to move cattle through the Alpine National Park (1) If a person holds a fee simple interest in land that abuts or is surrounded by land that is part of the park described in Part 37 of Schedule Two, the Minister may, in writing, grant to that person a reasonable right to move cattle to or from the land in which the person holds the interest directly through the park along the route specified by the Minister (not being a route through a wilderness zone or reference area) if the Minister is satisfied that there is no practical s. 3 See: Act No. 8702. Reprint No. 9 as at 16 November 2002 and amending Act Nos 38/1988 (as amended by No. 64/2004), 80/2003, 84/2003, 97/2003, 12/2004, 48/2004 and 64/2004. LawToday: www.dms. dpc.vic. gov.au -- 3 of 7 -- Act No. 35/2005 National Parks (Alpine National Park Grazing) Act 2005 3 alternative route outside the park for moving the cattle. (2) If a person holds a licence to graze cattle on Crown land, the Minister may, in writing, grant to that person a reasonable right to move cattle to or from the land over which the person holds the licence directly through the park described in Part 37 of Schedule Two, along the route specified by the Minister (not being a route through a wilderness zone or reference area) if the Minister is satisfied that there is no practical alternative route outside the park for moving the cattle. (3) The Minister may, in the document granting a right under this section— (a) impose any terms and conditions that the Minister determines; and (b) specify that the person is exempt from any regulation applying to the park.". 7. Repeal of section 32AD Section 32AD of the National Parks Act 1975 is repealed. 8. Insertion of new section 49AA Before section 49 of the National Parks Act 1975 insert— '49AA. Definition In this Part— "Alpine Grazing Act" means the National Parks (Alpine National Park Grazing) Act 2005.'. s. 7 -- 4 of 7 -- Act No. 35/2005 National Parks (Alpine National Park Grazing) Act 2005 4 9. Insertion of new sections 50O and 50P After section 50N of the National Parks Act 1975 insert— '50O. Saving of licences—Alpine Grazing Act (1) On and from the commencement of sections 4 and 7 of the Alpine Grazing Act, the specified grazing licences are deemed to continue in force until 30 June 2006, and, despite the repeal of sections 22C and 32AD, those sections, as in force immediately before that commencement, are deemed to continue to apply to those licences, to the extent to which the sections applied to those licences immediately before that commencement. (2) In this section— "specified grazing licences" means the following licences— (a) the licence between the Minister for Conservation and Land Management and L. Hayward, K. Connley and P. Maguire, commencing 1 July 1999 and granted under section 32AD; (b) the licence between the Minister for Conservation and Land Management and Kelly Brothers, commencing 1 July 1999 and granted under section 32AD; (c) the licence between the Minister for Conservation and Land Management and Colour Plates Pty Ltd, commencing 1 July 1999 and granted under section 32AD; s. 9 -- 5 of 7 -- Act No. 35/2005 National Parks (Alpine National Park Grazing) Act 2005 5 (d) the licence between the Minister for Conservation and Land Management and M. and B. Horvat, commencing 1 July 1999 and granted under section 32AD. 50P. Licences not renewable On and from the commencement of section 7 of the Alpine Grazing Act, any licence (in force immediately before that commencement) that was granted under section 32AD (as in force before that commencement) is deemed not to be capable of being renewed.'. 10. Repeal of section 55 Section 55 of the National Parks Act 1975 is repealed. 11. Repeal of section 57 Section 57 of the National Parks Act 1975 is repealed. 12. Repeal of section 58 Section 58 of the National Parks Act 1975 is repealed. ═══════════════ s. 10 -- 6 of 7 -- Act No. 35/2005 National Parks (Alpine National Park Grazing) Act 2005 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 26 May 2005 Legislative Council: 16 June 2005 The long title for the Bill for this Act was "to amend the National Parks Act 1975 in relation to cattle grazing in the Alpine National Park and for other purposes." Endnotes -- 7 of 7 --