Forests and National Parks Acts (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
i
Forests and National Parks Acts (Amendment) Act
2003
Act No. 97/2003
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2—AMENDMENTS TO THE FORESTS ACT 1958 AND
THE CONSERVATION, FORESTS AND LANDS ACT 1987 3
3. Business of the Secretary 3
4. Long-term hardwood sawlog supply levels 3
5. Incorporation of documents 3
6. Delegation of powers to VicForests 4
PART 3—AMENDMENTS TO THE NATIONAL PARKS
ACT 1975 AND THE FISHERIES ACT 1995 5
7. Amendment of definition of Central Plan Office 5
8. Amendment of native title provision 5
9. Amendment of description of Port Campbell National Park 5
10. Amendment of descriptions of parks in Schedule Seven 6
11. Amendment of compensation provision—Fisheries Act 1995 6
═══════════════
ENDNOTES 7
-- 1 of 8 --
Victorian Legislation and Parliamentary Documents
1
Forests and National Parks Acts
(Amendment) Act 2003†
[Assented to 2 December 2003]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a) to amend the Forests Act 1958 to provide
for supply of hardwood sawlog levels not to
exceed total sustainable yield rates; and
Victoria
No. 97 of 2003
-- 2 of 8 --
Victorian Legislation and Parliamentary Documents
Part 1—Preliminary
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
2
(b) to make amendments to the Forests Act
1958 relating to the administration of the Act
and regulation-making powers; and
(c) to amend the Conservation, Forests and
Lands Act 1987 to provide for delegation of
certain powers to VicForests; and
(d) to amend the National Parks Act 1975 to
make further provision in relation to the
boundaries of certain parks; and
(e) to make other minor amendments to the
National Parks Act 1975 and the Fisheries
Act 1995.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
s. 2
-- 3 of 8 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendments to the Forests Act 1958 and the Conservation, Forests
and Lands Act 1987
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
3
PART 2—AMENDMENTS TO THE FORESTS ACT 1958 AND
THE CONSERVATION, FORESTS AND LANDS ACT 1987
3. Business of the Secretary
Section 5(2) of the Forests Act 1958 is repealed.
4. Long-term hardwood sawlog supply levels
(1) In section 52A(1) of the Forests Act 1958, for
"equals or is within the permitted margin of"
substitute "does not exceed".
(2) Section 52A(2) of the Forests Act 1958 is
repealed.
5. Incorporation of documents
At the end of section 99A of the Forests Act 1958
insert—
"(2) Regulations made under this Act may apply,
adopt or incorporate any matter contained in
any document, code, standard, rule,
specification or method, formulated, issued,
prescribed or published by any other person,
whether—
(a) wholly or partially or as amended by
the regulations; or
(b) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(c) as formulated, issued, prescribed or
published from time to time.".
s. 3
See:
Act No.
6254.
Reprint No. 8
as at
1 January
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 4 of 8 --
Victorian Legislation and Parliamentary Documents
Part 2—Amendments to the Forests Act 1958 and the Conservation, Forests
and Lands Act 1987
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
4
6. Delegation of powers to VicForests
(1) In section 3 of the Conservation, Forests and
Lands Act 1987 insert the following definition—
' "VicForests" means the State body known as
"VicForests" established under section 14 of
the State Owned Enterprises Act 1992 by
Order in Council dated 28 October 2003
published in the Government Gazette on
28 October 2003;'.
(2) In section 11(1) of the Conservation, Forests
and Lands Act 1987—
(a) in paragraph (d), for "Corporation."
substitute "Corporation; or";
(b) after paragraph (d) insert—
"(e) VicForests or an employee of
VicForests.".
(3) In section 11(2) of the Conservation, Forests
and Lands Act 1987—
(a) in paragraph (e) for "Corporation."
substitute "Corporation; or";
(b) after paragraph (e) insert—
"(f) VicForests or an employee of
VicForests.".
__________________
s. 6
See:
Act No.
41/1987.
Reprint No. 5
as at
17 June 2003.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 5 of 8 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendments to the National Parks Act 1975 and the Fisheries Act
1995
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
5
PART 3—AMENDMENTS TO THE NATIONAL PARKS
ACT 1975 AND THE FISHERIES ACT 1995
7. Amendment of definition of Central Plan Office
In the definition of "Central Plan Office" in
section 3(1) of the National Parks Act 1975, for
"Department of Natural Resources and
Environment" substitute "Department of
Sustainability and Environment".
8. Amendment of native title provision
For section 48A(2) of the National Parks Act
1975 substitute—
"(2) The amendments made to this Act by the
Forests and National Parks Acts
(Amendment) Act 2003 are not intended to
affect native title rights and interests.
(2A) Sub-sections (1) and (2) do not apply in any
case where native title rights and interests
are—
(a) affected; or
(b) authorised to be affected—
by or under the Native Title Act 1993 of the
Commonwealth.".
9. Amendment of description of Port Campbell
National Park
In Part 21 of Schedule Two to the National Parks
Act 1975—
(a) for "N.P. 16/3" substitute "N.P. 16/4"; and
(b) omit "between high water mark and low
water mark".
s. 7
See:
Act No.
8702.
Reprint No. 9
as at
16 November
2002
and
amending
Act No.
38/1989.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 6 of 8 --
Victorian Legislation and Parliamentary Documents
Part 3—Amendments to the National Parks Act 1975 and the Fisheries Act
1995
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
6
10. Amendment of descriptions of parks in Schedule
Seven
(1) In Part 2 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 13" substitute "M.N.P.
13/1".
(2) In Part 4 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 3/1" substitute "M.N.P.
3/2".
(3) In Part 8 of Schedule Seven to the National Parks
Act 1975, for "M.N.P. 7" substitute "M.N.P.
7/1".
(4) In Part 11 of Schedule Seven to the National
Parks Act 1975, for "M.N.P. 10/1" substitute
"M.N.P. 10/2".
11. Amendment of compensation provision—Fisheries
Act 1995
In section 165(1) of the Fisheries Act 1995—
(a) in paragraph (c), after "2002" insert "or the
Forests and National Parks Acts
(Amendment) Act 2003";
(b) in paragraph (d)—
(i) for "created" substitute "as effected";
(ii) after "2002" insert "or the Forests
and National Parks Acts
(Amendment) Act 2003".
═══════════════
s. 10
See:
Act No.
92/1995.
Reprint No. 3
as at
16 November
2002
and
amending
Act Nos
80/2000,
17/2002,
24/2003 and
56/2003.
LawToday:
www.dms.
dpc.vic.
gov.au
-- 7 of 8 --
Victorian Legislation and Parliamentary Documents
Forests and National Parks Acts (Amendment) Act 2003
Act No. 97/2003
7
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 30 October 2003
Legislative Council: 25 November 2003
The long title for the Bill for this Act was "to amend the Forests Act
1958 to provide for supply of hardwood sawlog levels not to exceed total
sustainable yield rates and to make amendments to that Act relating to the
administration of the Act and regulation-making powers, to amend the
Conservation, Forests and Lands Act 1987 to provide for the delegation
of certain powers to VicForests, to amend the National Parks Act 1975
to make further provision in relation to the boundaries of certain parks
and to make other minor amendments to that Act and the Fisheries Act
1995 and for other purposes."
Endnotes
-- 8 of 8 --