National Parks (Marine National Parks and Marine Sanctuaries) Act 2002

i National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 Act No. 40/2002 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. Objects 3 5. Secretary to enter into management agreements 4 6. Insertion of new Division 1B of Part III 4 Division 1B—Marine National Parks and Marine Sanctuaries 4 17D. Marine national parks and marine sanctuaries 4 7. Insertion of new section 21A 6 21A. Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries 6 8. Insertion of new section 32O 6 32O. Access rights—French Island Marine National Park 6 9. Additional powers of authorised officers in marine national parks and marine sanctuaries 7 10. Insertion of new section 38AA 7 38AA. Production of identification 7 11. Extractive industries and petroleum operations 8 12. Insertion of new sections 40A and 40B 9 40A. Leases etc. under the Petroleum (Submerged Lands) Act 1982 deemed to be subject to conditions 9 40B. Pipelines and seafloor cables in marine national parks and marine sanctuaries 10 13. Insertion of heading in Part V 11 14. Carriage, possession and use of spear guns 11 15. Offence to fail to comply with direction of authorised officer 12 -- 1 of 83 -- Section Page ii 16. Insertion of new Division and Heading 13 Division 2—Offences in Marine National Parks and Marine Sanctuaries and Related Matters 13 45A. Fishing offences in marine national parks and marine sanctuaries 13 45B. Approval to remain in Point Hicks Marine National Park 16 45C. Proceedings and enforcement under this Division 16 45D. Liability for offences in relation to employees 16 45E. Time for bringing proceedings 17 Division 3—Provisions relating to proceedings and other matters 17 17. Amendment of Part heading 17 18. Regulation making powers 18 19. Insertion of new section 48A 18 48A. Native title not affected by amendments 18 20. Insertion of new section 59 19 59. National Parks (Marine National Parks and Marine Sanctuaries) Act 2002—Excision of land to become part of marine national parks and marine sanctuaries 19 21. Amendment of Schedule Two 21 22. Amendment of Schedule Three 23 23. Amendment of Schedule Four 23 24. Further amendments to the National Parks Act 1975 24 PART 3—AMENDMENTS TO THE FISHERIES ACT 1995 25 25. Amendment of immunity provision 25 26. Amendment of secrecy provision 25 27. Insertion of new Part 10 in the Fisheries Act 1995 25 PART 10—TRANSITIONAL PROVISIONS—NATIONAL PARKS (MARINE NATIONAL PARKS AND MARINE SANCTUARIES) ACT 2002 25 Division 1—General 25 164. Definitions 25 165. Compensation only payable to licence holders and permit holders as provided in this Part 33 166. Certificate for purposes of evidence 34 -- 2 of 83 -- Section Page iii Division 2—Entitlements for eligible rock lobster access licence holders 35 167. Reduced catch entitlements—eligible rock lobster access licence holders 35 168. Increased costs entitlements—eligible rock lobster access licence holders 36 Division 3—Entitlements for eligible specified access licence holders 37 169. Reduced catch entitlements—eligible specified access licence holders 37 170. Increased costs entitlements—eligible specified access licence holders 40 Division 4—Entitlements for eligible charter boat operators 41 171. Increased costs entitlements—eligible charter boat operators 41 Division 5—Determinations of the Panel—eligible rock lobster access licence holders and eligible specified access licence holders 42 172. Application to Panel for determination of interim payment—eligible rock lobster access licence holders and eligible specified access licence holders 42 173. Determinations of the Panel as to interim payments— eligible rock lobster access licence holders and eligible specified access licence holders 43 174. Application to Panel for determination of final payment—eligible rock lobster access licence holders and eligible specified access licence holders 44 175. Determinations of the Panel as to final payments— eligible rock lobster access licence holders and eligible specified access licence holders 45 176. Procedures for making determinations of final payments—eligible rock lobster access licence holders and eligible specified access licence holders 48 Division 6—Determinations of the Panel—eligible charter boat operators 49 177. Application to Panel for determination of interim payment—eligible charter boat operators 49 178. Determinations of the Panel as to interim payments— eligible charter boat operators 50 179. Application to Panel for determination of final payment—eligible charter boat operators 51 -- 3 of 83 -- Section Page iv 180. Determinations of the Panel as to final payments— eligible charter boat operators 52 181. Procedures for making determinations of final payments—eligible charter boat operators 54 Division 7—Review of determinations by the Tribunal 55 182. Applications for the Tribunal to review determinations 55 183. Determinations of applications by the Tribunal 56 Division 8—Constitution and proceedings of the Panel 56 184. Compensation Assessment Panel 56 185. Deputies for members of the Panel 58 186. Registrar of the Panel 59 187. Meetings of the Panel 59 188. Proceedings of the Panel 59 189. Conducting proceedings of the Panel 60 Division 9—Constitution and proceedings of the Tribunal 61 190. Compensation Appeals Tribunal 61 191. Deputies for members of the Tribunal 63 192. Registrar of the Tribunal 64 193. Meetings of the Tribunal 64 194. Proceedings of the Tribunal 64 195. Conducting proceedings of the Tribunal 65 Division 10—Annual reports on fisheries 66 196. Annual reports on fisheries to be prepared 66 197. Tabling of annual reports on fisheries 67 198. Minister to have regard to reports 67 PART 4—AMENDMENTS TO OTHER ACTS 68 28. Amendment of the Extractive Industries Development Act 1995—Prevention of extractive industries in parks 68 29. Amendment of the Mineral Resources Development Act 1990—Prevention of mining activities in parks 68 PART 5—REVOCATION OF RESERVES 69 30. Revocation of Fisheries Reserves 69 31. Revocation of Wildlife Reserve 69 __________________ -- 4 of 83 -- Section Page v SCHEDULES 70 SCHEDULE 1—Insertion of new Schedules Seven and Eight in the National Parks Act 1975 70 SCHEDULE 2—Revocation of Fisheries Reserves 75 SCHEDULE 3—Revocation of Wildlife Reserve 77 ═══════════════ ENDNOTES 78 -- 5 of 83 -- 1 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 † [Assented to 18 June 2002] 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 provide for marine national parks and marine sanctuaries; and (b) to make other amendments to the National Parks Act 1975; and Victoria No. 40 of 2002 -- 6 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 2 (c) to amend the Fisheries Act 1995 to provide for a compensation scheme for the introduction of marine national parks and marine sanctuaries and to make other related amendments to that Act; and (d) to make consequential amendments to other Acts. 2. Commencement This Act comes into operation on 16 November 2002. _______________ s. 2 -- 7 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 3 PART 2—AMENDMENTS TO THE NATIONAL PARKS ACT 1975 3. Definitions In section 3(1) of the National Parks Act 1975— (a) insert the following definitions— ' "boat" means any means of transportation on water; "fish" has the same meaning as in the Fisheries Act 1995; "fishing bait" has the same meaning as in the Fisheries Act 1995; "marine national park" means any land that, by reason of section 17D, is a marine national park for the purposes of this Act; "marine sanctuary" means any land that, by reason of section 17D, is a marine sanctuary for the purposes of this Act; "priority species" has the same meaning as in the Fisheries Act 1995; "take" means to gain possession or control of by any means;'; (b) in the definition of "park", after "State park" insert ", marine national park, marine sanctuary"; (c) the definition of "relevant land" is repealed. 4. Objects In section 4(a) of the National Parks Act 1975, for "and State parks" substitute ", State parks, marine national parks and marine sanctuaries". s. 3 See: Act No. 8702. Reprint No. 8 as at 25 January 2001 and amending Act Nos 38/1989, 66/2000, 82/2000, 44/2001 and 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 8 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 4 5. Secretary to enter into management agreements In section 16A of the National Parks Act 1975, for "relevant land" substitute— "— (a) a national park or State park under section 17; (b) a wilderness park under section 17A; (c) a marine national park or marine sanctuary under section 17D; (d) a park under section 18; (e) land to which an Order in force under section 19F(1) applies; (f) land managed under section 19AA, 19A, 19C, 19E or 32AA". 6. Insertion of new Division 1B of Part III In Part III of the National Parks Act 1975, after Division 1A insert— "Division 1B—Marine National Parks and Marine Sanctuaries 17D. Marine national parks and marine sanctuaries (1) The land described in a Part of Schedule Seven is, for the purposes of this Act, a marine national park under the name specified in that Part. (2) The land described in a Part of Schedule Eight is, for the purposes of this Act, a marine sanctuary under the name specified in that Part. s. 5 -- 9 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 5 (3) The Secretary must— (a) ensure that each marine national park and each marine sanctuary is controlled and managed, in accordance with the objects of this Act, in a manner that will— (i) preserve and protect the natural environment and indigenous flora and fauna of the park and any features of the park which are of geological, geomorphological, ecological, scenic, archaeological, historic or other scientific interest; and (ii) promote the prevention of the introduction of exotic flora and fauna into the park; and (iii) provide for the eradication or control of exotic flora and fauna found in the park; and (b) subject to paragraph (a)— (i) provide for the use, enjoyment and understanding of marine national parks and marine sanctuaries by the public; and (ii) promote an understanding of the purpose and significance of marine national parks and marine sanctuaries; and (c) prepare a plan of management in respect of each marine national park and each marine sanctuary.". s. 6 -- 10 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 6 7. Insertion of new section 21A After section 21 of the National Parks Act 1975 insert— "21A. Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries (1) The Secretary may, in respect of a marine national park or a marine sanctuary, grant a permit to a person to take fish or fishing bait for the purpose of any research, study or investigation that the Secretary considers— (a) is appropriate; and (b) does not detrimentally affect the area as a marine national park or marine sanctuary. (2) A permit under sub-section (1) is subject to the terms and conditions determined by the Secretary. (3) The holder of a permit must comply with the terms and conditions of the permit. Penalty: 20 penalty units. (4) A person who acts under and in accordance with a permit under this section does not commit an offence under the Fisheries Act 1995.". 8. Insertion of new section 32O After section 32N of the National Parks Act 1975 insert— '32O. Access rights—French Island Marine National Park (1) The Minister may grant to a person who holds a fee-simple interest in land on French s. 7 -- 11 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 7 Island any rights of access to that land over the park that are, in the Minister's opinion, reasonable. (2) A right of access under sub-section (1) is subject to any terms and conditions determined by the Minister. (3) For the purpose of allowing a person to exercise a right of access under sub-section (1), the Minister may exempt that person from any regulation made under this Act affecting the park. (4) In this section "park" means the land described in Part 6 of Schedule Seven.'. 9. Additional powers of authorised officers in marine national parks and marine sanctuaries At the end of section 38 of the National Parks Act 1975 insert— "(2) An authorised officer may direct any person who is in a marine national park or a marine sanctuary to cease engaging in an activity in the park, if, in the opinion of the authorised officer, the activity in which the person is engaging contravenes this Act, regulations made under this Act or a permit issued under this Act.". 10. Insertion of new section 38AA After section 38 of the National Parks Act 1975 insert— '38AA. Production of identification (1) An authorised officer must produce his or her identification for inspection, if asked to do so— (a) before exercising the authorised officer's power under section 38(2); and s. 9 -- 12 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 8 (b) at any time during the exercise of any such power under section 38(2)— unless the request is unreasonable in the circumstances. (2) In this section, "identification", in relation to an authorised officer, means a document that— (a) sets out the name of the authorised officer; and (b) contains a photograph of the authorised officer; and (c) indicates the fact that the person named in the document is authorised— and that is in a form approved by the Secretary.'. 11. Extractive industries and petroleum operations (1) In section 40 of the National Parks Act 1975, after sub-section (1AA) insert— "(1AAA) The Minister must not consent to the grant of a work authority under section 19 of the Extractive Industries Development Act 1995 in respect of land in a marine national park or a marine sanctuary.". (2) In section 40(2) of the National Parks Act 1975, for paragraph (b) substitute— "(b) in a marine national park or a marine sanctuary except— (i) for the purposes of petroleum exploration from an aircraft or from a vessel that is carried out in a manner which does not detrimentally affect the seabed of the park or any flora or fauna of the park; and s. 11 -- 13 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 9 (ii) with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose; or (c) in any land in any park (other than a wilderness park, wilderness zone, marine national park or marine sanctuary) except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose.". (3) In section 40(5) of the National Parks Act 1975, for "or (2)" substitute "or (2)(c)". 12. Insertion of new sections 40A and 40B After section 40 of the National Parks Act 1975 insert— "40A. Leases etc. under the Petroleum (Submerged Lands) Act 1982 deemed to be subject to conditions Except as provided for under section 40B(2), a lease, licence or permit under the Petroleum (Submerged Lands) Act 1982 that is either wholly or partly over land in a marine national park or a marine sanctuary is deemed to be subject to the conditions that— (a) exploration for petroleum must not be carried out under the lease, licence or permit in the park or sanctuary unless— (i) it is done from a vessel or aircraft and is carried out in a manner that does not detrimentally affect the seabed of the park or any flora or fauna of the park; and (ii) before the exploration is carried out, the Minister consents to the carrying out of the exploration, subject to any terms and s. 12 -- 14 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 10 conditions that the Minister thinks fit to impose; and (iii) the exploration is carried out in accordance with any terms and conditions that the Minister has imposed on his or her consent; and (b) any other operations that are authorised by the lease, licence or permit are not carried out in the park or sanctuary. 40B. Pipelines and seafloor cables in marine national parks and marine sanctuaries (1) A consent to a use or development of Crown land involving a pipeline or a seafloor cable must not be granted under the Coastal Management Act 1995— (a) in respect of any part of a marine sanctuary; or (b) in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose. (2) A pipeline licence must not be granted under the Petroleum (Submerged Lands) Act 1982— (a) in respect of any part of a marine sanctuary; or (b) in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose. s. 12 -- 15 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 11 (3) A permit, easement, licence or other authority must not be granted under the Pipelines Act 1967— (a) in respect of any part of a marine sanctuary; or (b) in respect of any part of a marine national park, except with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose. (4) The Minister must not consent under this section unless— (a) the Minister has first obtained and considered the advice of the Minister administering the Environment Effects Act 1978; and (b) the Minister is satisfied that there is no reasonable alternative outside the park.". 13. Insertion of heading in Part V In Part V of the National Parks Act 1975, after the heading to the Part insert— "Division 1—General Offences". 14. Carriage, possession and use of spear guns In section 44 of the National Parks Act 1975, after sub-section (2) insert— "(3) Sub-section (1) does not apply to a person who, before 1 April 2004, carries a spear gun or has a spear gun in his or her possession in— (a) a park described in Part 2, 5 or 11 of Schedule Seven; or s. 13 -- 16 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 12 (b) that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of Schedule 2 to the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002. (4) Sub-section (2) does not apply to a person who, before 1 April 2004, uses a spear gun in— (a) a park described in Part 2, 5 or 11 of Schedule Seven; or (b) that part of the park described in Part 8 of Schedule Eight that is not comprised of the land described in item 6 of Schedule 2 to the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002.". 15. Offence to fail to comply with direction of authorised officer In section 45 of the National Parks Act 1975, after sub-section (6) insert— "(7) A person to whom a direction of an authorised officer under section 38(2) has been given must comply with that direction. Penalty: 20 penalty units. (8) A person is not guilty of an offence under sub-section (7) if the authorised officer who gave the direction failed to produce his or her identification under section 38AA.". s. 15 -- 17 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 13 16. Insertion of new Division and Heading After section 45 of the National Parks Act 1975 insert— 'Division 2—Offences in Marine National Parks and Marine Sanctuaries and Related Matters 45A. Fishing offences in marine national parks and marine sanctuaries (1) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for sale. Penalty: 200 penalty units or 12 months imprisonment or both, in the case of a natural person. 400 penalty units, in the case of a body corporate. (2) A person must not, in a marine national park or a marine sanctuary, take or attempt to take fish or fishing bait for purposes other than for sale, unless that person does so under and in accordance with a permit granted under section 21A. Penalty: 60 penalty units or 6 months imprisonment or both. (3) A person must not, in a marine national park or a marine sanctuary— (a) use, form or create a habitat (whether natural or artificial or partly natural and partly artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait; or s. 16 -- 18 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 14 (b) hatch, breed, display or grow fish or fishing bait. 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. (4) A person must not, in a prescribed area of the park described in Part 2 of Schedule Seven, be in charge of a boat— (a) that is of a prescribed class of boats; or (b) that is carrying equipment that is of a prescribed class of equipment. 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. (5) A person must not, in a marine national park or a marine sanctuary, have in the person's possession or the person's charge a boat carrying 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. (6) It is a defence in any proceedings for an offence against sub-section (5) if the person charged with the offence proves that the boat was travelling by the shortest practicable route from a point outside the park to another point outside the park. s. 16 -- 19 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 15 (7) A licence, permit or other authority (however described) issued under the Fisheries Act 1995 does not authorise the holder to act in a manner that is prohibited by this section. (8) An Order in Council, order, notice, direction or plan (however described) under the Fisheries Act 1995 does not authorise any person to act in a manner that is prohibited by this section. (9) Sub-sections (1), (2) and (5) do not apply to the parks described in Parts 2, 4, 5 and 11 of Schedule Seven and the unregulated land in the park described in Part 8 of Schedule Eight until 1 April 2004. (10) Sub-section (4) does not apply to the park described in Part 2 of Schedule Seven until 1 April 2004. (11) Section 43 does not apply to prohibit the carrying on of a trade or business in a park described in Part 2, 4, 5 or 11 of Schedule Seven or in the unregulated land in the park described in Part 8 of Schedule Eight, that is a trade or business authorised by a licence or permit issued under the Fisheries Act 1995, until 1 April 2004. (12) In this section, "unregulated land", in relation to the park described in Part 8 of Schedule Eight, means that part of the land in the park that is not comprised of the land that is 200 metres seawards from high water mark in the area described in item 6 of Schedule 2 to the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002. s. 16 -- 20 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 16 45B. Approval to remain in Point Hicks Marine National Park (1) Section 45A(5) does not apply to a person— (a) who is in the park described in Part 9 of Schedule Seven; and (b) who has in his or her possession or charge a boat carrying priority species— if that person has the approval of the Minister to do so. (2) On application, the Minister may give approval under sub-section (1) to the applicant. (3) An approval under sub-section (1) is subject to the prescribed conditions. (4) The holder of an approval under sub-section (1) must comply with the conditions of the approval. Penalty: 60 penalty units. 45C. Proceedings and enforcement under this Division Divisions 1 and 3 of Part 7 of the Fisheries Act 1995 apply to an offence under this Division as if the offence were an offence under the Fisheries Act 1995. 45D. Liability for offences in relation to employees (1) If an employee of a licence holder engages in conduct on behalf of the licence holder within the scope of the employee's actual or apparent authority, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence s. 16 -- 21 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 17 holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (2) If a person in charge of a boat is party to a contract or arrangement with a licence holder and the person in charge of the boat engages in conduct on behalf of the licence holder within the scope of the person's actual or apparent authority under the contract or arrangement, the licence holder is deemed, for the purposes of a prosecution for an offence against this Division, also to have engaged in the conduct, unless the licence holder establishes that the licence holder took reasonable precautions and exercised due diligence to avoid the conduct. (3) In this section, "licence holder" means a person who is the holder of a fishery licence within the meaning of paragraph (a), (c), (e) or (f) of the definition of "fishery licence" in section 4(1) of the Fisheries Act 1995. 45E. Time for bringing proceedings Despite anything to the contrary in any Act, proceedings for an offence against section 45A(1) may be commenced within the period of 3 years after the date on which the offence is alleged to have been committed. Division 3—Provisions relating to proceedings and other matters'. 17. Amendment of Part heading In the heading to Part VI of the National Parks Act 1975, after "REGULATIONS" insert "AND OTHER MATTERS". s. 17 -- 22 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 18 18. Regulation making powers In section 48(1) of the National Parks Act 1975— (a) for paragraph (a) substitute— "(a) preserving and protecting national parks, wilderness parks, State parks, marine national parks and marine sanctuaries or any matter or thing in any such park or a feature of any such park;"; (b) in paragraph (f), after "17A" insert ", 17D"; (c) after paragraph (o) insert— "(p) for the purposes of section 45A(4), prescribing— (i) areas of the park described in Part 2 of Schedule Seven; and (ii) classes of boats; and (iii) classes of equipment; (q) prescribing conditions for approvals under section 45B;". 19. Insertion of new section 48A After section 48 of the National Parks Act 1975 insert— '48A. Native title not affected by amendments (1) The amendments made to this Act by the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 are not intended to affect native title rights and interests. s. 18 -- 23 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 19 (2) Sub-section (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth. (3) In this section— "affect" has the same meaning as in the Native Title Act 1993 of the Commonwealth; "native title rights and interests" has the same meaning as in the Native Title Act 1993 of the Commonwealth.'. 20. Insertion of new section 59 After section 58 of the National Parks Act 1975 insert— "59. National Parks (Marine National Parks and Marine Sanctuaries) Act 2002— Excision of land to become part of marine national parks and marine sanctuaries (1) On 16 November 2002, the land described in Column 2 of Table 1 ceases to be part of the park described in Column 1 of Table 1 opposite the description in Column 2. TABLE 1 Column 1 Column 2 Schedule Two, Part 4 Any land that is part of the parks described in Part 10 of Schedule Seven and in Part 7 of Schedule Eight Schedule Two, Part 15 Any land that is part of the park described in Part 6 of Schedule Seven Schedule Two, Part 21 Any land that is part of the park described in Part 11 of Schedule s. 20 -- 24 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 20 Column 1 Column 2 Seven Schedule Two, Part 23 Any land that is part of the parks described in Parts 4 and 12 of Schedule Seven Schedule Two, Part 28 Any land that is part of the parks described in Parts 2 and 9 of Schedule Seven Schedule Two, Part 31 Any land that is part of the park described in Part 11 of Schedule Seven Schedule Three, Part 3 Any land that is part of the park described in Part 5 of Schedule Seven (2) On 16 November 2002, the land described in Column 2 of Table 2 ceases to be part of the reserve or park described in Column 1 of Table 2 opposite the description in Column 2. TABLE 2 Column 1 Column 2 Schedule Four, Part 1 Any land that is part of the park described in Part 12 of Schedule Seven Schedule Four, Part 2 Any land that is part of the park described in Part 12 of Schedule Seven Schedule Four, Part 4 Any land that is part of the park described in Part 4 of Schedule Seven Schedule Four, Part 7 Any land that is part of the park described in Part 1 of Schedule Seven. ". s. 20 -- 25 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 21 21. Amendment of Schedule Two (1) In Part 4 of Schedule Two to the National Parks Act 1975— (a) for "N.P. 20A/9 and N.P. 20B/10" substitute "N.P. 20A/11 and N.P. 20B/12"; (b) after "mean high watermark." insert "Also excepted is any land between high water mark and low water mark forming part of the park described in Part 10 of Schedule Seven and part of the park described in Part 7 of Schedule Eight.". (2) In Part 15 of Schedule Two to the National Parks Act 1975— (a) omit "or yellow"; (b) for "N.P. 83/1" substitute "N.P. 83/3"; (c) after "on the plan." insert "Also excepted is any land between high water mark and 150 metres seawards of high water mark forming part of the park described in Part 6 of Schedule Seven.". (3) In Part 21 of Schedule Two to the National Parks Act 1975— (a) for "bordered red" substitute "bordered red or coloured red"; (b) omit "or coloured yellow"; (c) omit "prepared by the Surveyor-General"; (d) for "N.P. 16/1" substitute "N.P. 16/3"; (e) after "N.P. 16A" insert "and any land between high water mark and low water mark forming part of the park described in Part 11 of Schedule Seven". s. 21 -- 26 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 22 (4) In Part 23 of Schedule Two to the National Parks Act 1975— (a) in the heading, for "WILSON'S" substitute "WILSONS"; (b) for "Wilson's Promontory" substitute "Wilsons Promontory"; (c) for "coloured red" substitute "coloured pink"; (d) omit "prepared by the Surveyor-General"; (e) for "N.P. 17/1" substitute "N.P. 17/3, excepting any land between high water mark and low water mark forming part of the park described in Part 4 of Schedule Seven and part of the park described in Part 12 of Schedule Seven". (5) In Part 28 of Schedule Two to the National Parks Act 1975— (a) omit "prepared by the Surveyor-General"; (b) for "N.P. 30/3" substitute "N.P. 30/5"; (c) after "low water mark." insert "Also excepted is any land between high water mark and low water mark forming part of the park described in Part 2 of Schedule Seven and part of the park described in Part 9 of Schedule Seven.". (6) In Part 31 of Schedule Two to the National Parks Act 1975— (a) omit "prepared by the Surveyor-General"; (b) for "N.P. 57A2 and N.P. 57B." substitute "N.P. 57A/4 and N.P. 57B/2. Also excepted is any land between high water mark and low s. 21 -- 27 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 23 water mark forming part of the park described in Part 11 of Schedule Seven.". 22. Amendment of Schedule Three In Part 3 of Schedule Three to the National Parks Act 1975— (a) omit "or yellow"; (b) for "N.P. 44/3 and N.P. 44A." substitute "N.P. 44/5 and N.P. 44A/2. Also excepted is any land between high water mark and low water mark forming part of the park described in Part 5 of Schedule Seven.". 23. Amendment of Schedule Four (1) In Part 1 of Schedule Four to the National Parks Act 1975— (a) for "NPMR1" substitute "N.P.M.R. 1/2"; (b) after "26 March 1986)" insert "also excepting any land seawards of low water mark forming part of the park described in Part 12 of Schedule Seven". (2) In Part 2 of Schedule Four to the National Parks Act 1975— (a) for "NPMR1" substitute "N.P.M.R. 1/2"; (b) after "is in force" insert "also excepting any land seawards of low water mark forming part of the park described in Part 12 of Schedule Seven". (3) In Part 3 of Schedule Four to the National Parks Act 1975, for "NPMR1" substitute "N.P.M.R. 1/2". (4) In Part 4 of Schedule Four to the National Parks Act 1975— (a) for "NPMR1" substitute "N.P.M.R. 1/2"; s. 22 -- 28 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 24 (b) after "26 March 1986)" insert "also excepting any land seawards of low water mark forming part of the park described in Part 4 of Schedule Seven". (5) In Part 5 of Schedule Four to the National Parks Act 1975, for "NPMR1" substitute "N.P.M.R. 1/2". (6) In Part 7 of Schedule Four to the National Parks Act 1975— (a) for "LEGL./91–48" substitute "N.P.M.R. 2/1"; (b) after "the said plan" insert "excepting any land between high water mark and 1000 metres seawards of high water mark forming part of the park described in Part 1 of Schedule Seven". 24. Further amendments to the National Parks Act 1975 The National Parks Act 1975 is amended as set out in Schedule 1. _______________ s. 24 -- 29 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 25 PART 3—AMENDMENTS TO THE FISHERIES ACT 1995 25. Amendment of immunity provision In section 142(1) of the Fisheries Act 1995— (a) for "Panel or a member" substitute "Panel, a member"; (b) after "Appeals Tribunal" insert ", a member or deputy of the Compensation Assessment Panel (established under Part 10) or a member or deputy of the Compensation Appeals Tribunal (established under Part 10)". 26. Amendment of secrecy provision In section 146(1) of the Fisheries Act 1995, after paragraph (h) insert— "(ha) a member or deputy of the Compensation Assessment Panel (established under Part 10); (hb) a member or deputy of the Compensation Appeals Tribunal (established under Part 10);". 27. Insertion of new Part 10 in the Fisheries Act 1995 In the Fisheries Act 1995, after Part 9 insert— 'PART 10—TRANSITIONAL PROVISIONS— NATIONAL PARKS (MARINE NATIONAL PARKS AND MARINE SANCTUARIES) ACT 2002 Division 1—General 164. Definitions (1) In this Part— s. 25 See: Act No. 92/1995. Reprint No. 2 as at 17 May 2001 and amending Act Nos 80/2000 and 44/2001. LawToday: www.dms. dpc.vic. gov.au -- 30 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 26 "charter boat operating costs" means the costs of— (a) fuel and labour; and (b) repairs and maintenance of any boat— incurred in carrying on the business of being a charter boat operator; "charter boat operator" means a person who carries on a business of the operating of trading vessels used to carry passengers for the purpose of taking or attempting to take fish, other than for sale, by the use of recreational fishing equipment; "compensable year" means a period of time set out in Column 3 of an item in Table 1; "eligible charter boat operator" means a person who has carried on business as a charter boat operator at any time between 1 April 1999 and 31 March 2002 in any part of a park; "eligible rock lobster access licence holder" means a person who is the holder of an access licence that is— (a) a relevant access licence; and (b) a Rock Lobster Fishery Access Licence within the meaning of regulation 201 of the Fisheries Regulations 1998; s. 27 -- 31 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 27 "eligible specified access licence holder" means a person who is the holder of an access licence that is— (a) a relevant access licence; and (b) a specified access licence; "fishing operating costs" means the costs of— (a) fuel and labour; and (b) repairs and maintenance of any boat and of any fishing equipment— incurred in taking or attempting to take fish or fishing bait for sale; "fishing prohibition" means the application of sub-section (1) of section 45A of the National Parks Act 1975 to the whole or any part of a park or sanctuary; "licence year" means a period of 12 months beginning on 1 April in any calendar year and ending on 31 March in the following calendar year; "Panel" means the Compensation Assessment Panel established under section 184(1); "park" has the same meaning as "marine national park" has in the National Parks Act 1975; "prescribed year" means a period of time set out in either item 1 or item 2 of Column 3 of Table 2; s. 27 -- 32 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 28 "relevant access licence" means an access licence under the authority of which fish or fishing bait has been taken at any time between 1 April 1999 and 31 March 2002 in any one or more of the following areas— (a) a part of a park; (b) a part of a sanctuary described in Part 2, 5, 8 or 11 of Schedule Eight of the National Parks Act 1975; "relevant park", in relation to a compensable year, means a park or sanctuary described in Columns 1 and 2 of the item in Table 1 in which the compensable year is set out; "sanctuary" has the same meaning as "marine sanctuary" has in the National Parks Act 1975; "specified access licence" means an access licence that is of any one of the following classes of access licence, within the meaning of regulation 201 of the Fisheries Regulations 1998— (a) Bait (General) Fishery Access Licence; (b) Corner Inlet Fishery Access Licence; (c) Ocean Fishery Access Licence; (d) Port Phillip Bay (Mussel Bait) Fishery Access Licence; (e) Purse Seine (Ocean) Fishery Access Licence; s. 27 -- 33 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 29 (f) Purse Seine (Port Phillip Bay) Fishery Access Licence; (g) Scallop (Ocean) Fishery Access Licence; (h) Trawl (Inshore) Fishery Access Licence; (i) Westernport/Port Phillip Bay Fishery Access Licence; (j) Wrasse (Ocean) Fishery Access Licence; "Table 1" means Table 1 set out in sub- section (2); "Table 2" means Table 2 set out in sub- section (3); "trading vessel" has the same meaning as in section 3(1) of the Marine Act 1988; "Tribunal" means the Compensation Appeals Tribunal established under section 190(1); "unregulated land" has the same meaning as in section 45A(12) of the National Parks Act 1975. s. 27 -- 34 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 30 (2) Table 1 has effect for the purposes of this Part— TABLE 1 Table setting out, in relation to parks and sanctuaries, the periods of time for which there are compensation entitlements for eligible rock lobster access licence holders and eligible specified access licence holders Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years 1. Bunurong Marine National Park Churchill Island Marine National Park French Island Marine National Park Ninety Mile Beach Marine National Park Point Addis Marine National Park Point Hicks Marine National Park Port Phillip Heads Marine National Park Wilsons Promontory Marine National Park Yaringa Marine National Park Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven Part 8 of Schedule Seven Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven 16 November 2002 to 31 March 2003 1 April 2003 to 31 March 2004 s. 27 -- 35 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 31 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight 2. All marine national parks Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Unregulated land in Point Cooke Marine Sanctuary Parts 1 to 13 of Schedule Seven Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight Part 8 of Schedule Eight, to the extent that it is unregulated land 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 3. Cape Howe Marine National Park Corner Inlet Marine National Park Discovery Bay Marine National Park Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven 1 April 2006 to 31 March 2007 s. 27 -- 36 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 32 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Twelve Apostles Marine National Park Unregulated land in Point Cooke Marine Sanctuary Part 11 of Schedule Seven Part 8 of Schedule Eight, to the extent that it is unregulated land (3) Table 2 has effect for the purposes of this Part— TABLE 2 Table setting out, in relation to parks, the periods of time for which there are compensation entitlements for eligible charter boat operators Items Column 1 Names of Parks Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Prescribed Years 1. Bunurong Marine National Park Churchill Island Marine National Park French Island Marine National Park Ninety Mile Beach Marine National Park Point Addis Marine National Park Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven Part 8 of Schedule Seven 16 November 2002 to 15 November 2003 16 November 2003 to 15 November 2004 16 November 2004 to 15 November 2005 s. 27 -- 37 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 33 Items Column 1 Names of Parks Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Prescribed Years Point Hicks Marine National Park Port Phillip Heads Marine National Park Wilsons Promontory Marine National Park Yaringa Marine National Park Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven 2. Cape Howe Marine National Park Corner Inlet Marine National Park Discovery Bay Marine National Park Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 1 April 2006 to 31 March 2007 Twelve Apostles Marine National Park Part 11 of Schedule Seven 165. Compensation only payable to licence holders and permit holders as provided in this Part (1) Except as provided in this Part, compensation is not payable by the State of Victoria to a person who is, or has been at any time, the holder of— (a) a fishery licence; or s. 27 -- 38 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 34 (b) a general permit under section 49— for any loss, damage or injury whatsoever resulting from or arising out of— (c) the enactment of the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002; or (d) the existence of any marine national park or marine sanctuary (within the meaning of the National Parks Act 1975) created by the operation of the National Parks (Marine National Parks and Marine Sanctuaries) Act 2002. (2) Nothing in this section prevents any proceeding to recover damages for any loss, damage or injury whatsoever resulting from or arising out of any person negligently or unlawfully exercising, purporting to exercise or failing to exercise any power, duty or authority conferred by or under this Act or the National Parks Act 1975. 166. Certificate for purposes of evidence In any proceedings under this Part, a certificate purporting to be signed by the Secretary, stating that fish or fishing bait was taken for sale in the area set out in the certificate, during the period set out in the certificate, is evidence of the facts stated in it. s. 27 -- 39 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 35 Division 2—Entitlements for eligible rock lobster access licence holders 167. Reduced catch entitlements—eligible rock lobster access licence holders (1) If, in a compensable year— (a) an eligible rock lobster access licence holder has failed to take the whole or any part of the licence quota of that licence as at the end of 31 March in that compensable year (in this sub-section called the "licence quota not taken"); and (b) the whole or a part of the licence quota not taken can reasonably be attributed to the fishing prohibition applying to any one or more relevant parks— the licence holder is entitled to be paid an amount determined in accordance with the following formula—       − × × Z Y 1 X W where— W is the whole or the part of the licence quota not taken that can reasonably be attributed to the fishing prohibition so applying; and X is the estimated averaged beach price obtained by the licence holder for rock lobster taken under the licence for the compensable year; and Y is the operating costs (not including depreciation) incurred by the licence holder in taking or attempting to take fish under the licence in the financial s. 27 -- 40 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 36 year ending on the 30 June immediately after the compensable year, other than that part (if any) of the operating costs (not including depreciation) that can reasonably be attributed to the fishing prohibition so applying; and Z is the gross revenue received by the licence holder in respect of the fish taken under the licence in that financial year. (2) In this section— "licence quota" means the weight of rock lobster that is permitted to be taken under an access licence by virtue of the number of individual quota units that the licence holder holds under this Act in respect of the licence. 168. Increased costs entitlements—eligible rock lobster access licence holders An eligible rock lobster access licence holder is entitled to be paid, for each particular compensable year, an amount that represents the difference between— (a) the fishing operating costs reasonably incurred under the licence in the particular compensable year; and (b) the fishing operating costs that would reasonably have been incurred under the licence in the particular compensable year, if the fishing prohibition had not applied to any one or more relevant parks— if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b). s. 27 -- 41 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 37 Division 3—Entitlements for eligible specified access licence holders 169. Reduced catch entitlements—eligible specified access licence holders (1) If in a compensable year— (a) the total weight of fish (if any) and fishing bait (if any) taken by an eligible specified access licence holder under the licence is less than— (i) in the case of a compensable year other than the first compensable year, the averaged annual catch taken under the licence; or (ii) in the case of the first compensable year, the averaged proportionate catch taken under the licence— (in this sub-section called the "difference in catch"); and (b) the whole or a part of the difference in catch can reasonably be attributed to the fishing prohibition applying to any one or more relevant parks— the licence holder is entitled to be paid an amount determined in accordance with the following formula—       − × × Z Y 1 X W where— W is the whole or the part of the difference in catch that can reasonably be attributed to the fishing prohibition so applying; and s. 27 -- 42 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 38 X is the estimated weighted averaged beach price obtained by the licence holder for the classes of fish (if any) and fishing bait (if any) taken under the licence in the fishery in which the licence holder fished in the compensable year; and Y is the operating costs (not including depreciation) incurred by the licence holder in taking or attempting to take fish (if any) and fishing bait (if any) under the licence in the financial year, ending on the 30 June immediately after the compensable year, other than that part (if any) of the operating costs (not including depreciation) that can reasonably be attributed to the fishing prohibition so applying; and Z is the gross revenue received by the licence holder in respect of the fish (if any) and fishing bait (if any) taken under the licence in that financial year. (2) In this section— "averaged annual catch" means— (a) in the case of a licence under which any fish or fishing bait was taken in each of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average annual weight of fish (if any) taken and of fishing bait (if any) taken under the licence in the 2 of the 3 years in which the annual weights taken were the highest and the second highest; and s. 27 -- 43 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 39 (b) in the case of a licence under which any fish or fishing bait was taken in 2 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average annual weight of fish (if any) and fishing bait (if any) taken under the licence in those 2 years; and (c) in the case of a licence under which any fish or fishing bait was taken in 1 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the weight of fish (if any) and fishing bait (if any) taken under the licence in that year; "averaged proportionate catch" means— (a) in the case of a licence under which any fish or fishing bait was taken in the period beginning on 16 November and ending on 31 March in each of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average weight of fish (if any) taken and of fishing bait (if any) taken under the licence in the 2 of the 3 periods in which the weights taken were the highest and the second highest; and s. 27 -- 44 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 40 (b) in the case of a licence under which any fish or fishing bait was taken in the period beginning on 16 November and ending on 31 March in 2 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the average weight of fish (if any) and fishing bait (if any) taken under the licence in those 2 periods; and (c) in the case of a licence under which any fish or fishing bait was taken in the period beginning on 16 November and ending on 31 March in 1 of the 3 licence years commencing on 1 April 1999 and ending on 31 March 2002 in any one or more relevant parks, the weight of fish (if any) and fishing bait (if any) taken under the licence in that period; "first compensable year" means the period commencing on 16 November 2002 and ending on 31 March 2003. 170. Increased costs entitlements—eligible specified access licence holders An eligible specified access licence holder is entitled to be paid, for each particular compensable year, an amount that represents the difference between— (a) the fishing operating costs reasonably incurred under the licence in the particular compensable year; and s. 27 -- 45 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 41 (b) the fishing operating costs that would reasonably have been incurred under the licence in the particular compensable year if the fishing prohibition had not applied to any one or more relevant parks— if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b). Division 4—Entitlements for eligible charter boat operators 171. Increased costs entitlements—eligible charter boat operators An eligible charter boat operator is entitled to be paid, for each particular prescribed year, an amount that represents the difference between— (a) the charter boat operating costs reasonably incurred in the particular prescribed year; and (b) the charter boat operating costs that would reasonably have been incurred in the particular prescribed year, if the fishing prohibition had not applied to any one or more parks described in Columns 1 and 2 of the item in Table 2 in which the prescribed year is set out— if the costs determined under paragraph (a) are greater than the costs determined under paragraph (b). s. 27 -- 46 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 42 Division 5—Determinations of the Panel— eligible rock lobster access licence holders and eligible specified access licence holders 172. Application to Panel for determination of interim payment—eligible rock lobster access licence holders and eligible specified access licence holders (1) An eligible rock lobster access licence holder or an eligible specified access licence holder may, during the course of a particular licence year, apply to the Panel for a determination under section 173. (2) An application under this section must— (a) be in the form determined by the Panel and accompanied by the information required by the Panel; and (b) may be lodged with the Registrar at any time during the course of the licence year in respect of which the application is made. (3) A licence holder may not make more than one application under this section in any particular licence year. (4) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. s. 27 -- 47 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 43 173. Determinations of the Panel as to interim payments—eligible rock lobster access licence holders and eligible specified access licence holders (1) If the Panel is satisfied— (a) that a person, who has made an application under section 172, is incurring financial hardship in the licence year in respect of which the application is made; and (b) that the person who has made the application is likely to have an entitlement under— (i) either or both of sections 167 and 168 for that particular licence year; or (ii) either or both of sections 169 and 170 for that particular licence year— the Panel may determine— (c) the amount that is likely to be that person's entitlement for the particular licence year; and (d) an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is reasonable to pay to the person before the end of the licence year in respect of which the application is made. (2) An amount that the Panel has determined is to be paid to a person under sub-section (1) s. 27 -- 48 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 44 is a debt owed by the State of Victoria to that person. (3) A decision on an application under section 172 must be made not later than 30 days after the application is lodged with the Registrar. (4) On making a decision on an application under section 172 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the decision. (5) If— (a) an application under section 172 has been made to the Panel; and (b) the time period provided in sub-section (3) has elapsed; and (c) notice of a decision on the application for the determination has not been received by the applicant— the Panel is deemed to have made, on the day on which the time period elapsed, a decision that the applicant has no entitlement to a payment under this section. 174. Application to Panel for determination of final payment—eligible rock lobster access licence holders and eligible specified access licence holders (1) An eligible rock lobster access licence holder may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder s. 27 -- 49 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 45 may have under either or both of sections 167 and 168 to a payment for that year. (2) An eligible specified access licence holder may, for a particular licence year, apply to the Panel for a determination under section 175(1) of any entitlement the licence holder may have under either or both of sections 169 and 170 to a payment for that year. (3) An application under this section must— (a) be in the form determined by the Panel and accompanied by the information required by the Panel; and (b) be lodged with the Registrar of the Panel not later than 30 September after the end of the licence year in respect of which the application has been made. (4) If the Panel is of the opinion that it is reasonably necessary in all the circumstances, the Panel may allow a person a further 2 weeks after the time specified in sub-section (3)(b) in which to lodge an application. (5) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. 175. Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access licence holders s. 27 -- 50 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 46 (1) The Panel may determine, for a licence year in respect of which an application has been made under section 174, whether or not the applicant has an entitlement under— (a) either or both of sections 167 and 168; or (b) either or both of sections 169 and 170— and— (c) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has not been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or (d) in the case of an applicant in respect of whom a determination of an interim payment under section 173 has been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine— (i) the amount of that entitlement; and (ii) whether or not the amount of the interim payment is greater or less than the amount determined under sub-paragraph (i). (2) The Panel, of its own motion, may determine, for a licence year in respect of which a determination of an interim payment under section 173 has been made, whether or not the person in respect of whom the s. 27 -- 51 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 47 determination has been made has an entitlement under— (a) either or both of sections 167 and 168 for that year; or (b) either or both of sections 169 and 170 for that year— and, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine— (c) the amount of that entitlement; and (d) whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (c). (3) If— (a) the Panel, under sub-section (1)(c), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or (b) the Panel determines under sub-section (1)(d)(ii) or (2)(d) that the amount of the interim payment is less than the amount determined under sub-section (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the State of Victoria to the person in respect of whom the determination has been made; or (c) the Panel determines under sub-section (1)(d)(ii) or (2)(d) that the amount of the interim payment is greater than the s. 27 -- 52 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 48 amount determined under sub-section (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the person in respect of whom the determination has been made to the State of Victoria. (4) If the Panel proposes to make a determination under sub-section (2), the Registrar of the Panel— (a) must, at least 30 days before any such determination is made, notify the person in respect of whom the determination is to be made— (i) that the matter is being considered by the Panel; and (ii) that the applicant may request that the application be considered at an oral hearing; and (b) may require the person in respect of whom the determination is to be made to provide the information specified by the Panel. 176. Procedures for making determinations of final payments—eligible rock lobster access licence holders and eligible specified access licence holders (1) A determination under section 175 must be made not later than the 31 March next following the end of the licence year in respect of which the determination is made. (2) On making a determination under section 175 the Panel must notify the licence holder in respect of whom the determination is made and the Secretary in writing of its s. 27 -- 53 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 49 determination and of its reasons for making the determination. (3) If— (a) an application has been made to the Panel for a determination under section 175; and (b) the time period provided in sub-section (1) has elapsed; and (c) notice of a decision on the application for the determination has not been received by the applicant— the Panel is deemed to have made, on the day on which the time period elapsed, a determination that the applicant has no entitlement under this Part. Division 6—Determinations of the Panel— eligible charter boat operators 177. Application to Panel for determination of interim payment—eligible charter boat operators (1) An eligible charter boat operator may, during the course of any prescribed year, apply to the Panel for a determination under section 178. (2) An application under this section must— (a) be in the form determined by the Panel and accompanied by the information required by the Panel; and (b) may be lodged with the Registrar at any time during the course of the prescribed year in respect of which the application is made. s. 27 -- 54 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 50 (3) An eligible charter boat operator may not make more than one application under this section in any prescribed year. (4) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. 178. Determinations of the Panel as to interim payments—eligible charter boat operators (1) If the Panel is satisfied— (a) that, a person, who has made an application under section 177, is incurring financial hardship in the prescribed year in respect of which the application is made; and (b) that the person who has made the application is likely to have an entitlement under section 171 for that particular prescribed year— the Panel may determine— (c) the amount that is likely to be that person's entitlement for the particular prescribed year; and (d) an amount (being the whole or a part of the amount determined under paragraph (c)) that the Panel believes it is reasonable to pay to the person before the end of the prescribed year in respect of which the application is made. (2) An amount that the Panel has determined is to be paid to a person under sub-section (1) is a debt owed by the State of Victoria to that person. s. 27 -- 55 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 51 (3) A decision on an application under section 177 must be made not later than 30 days after the application is lodged with the Registrar. (4) On making a decision on an application under section 177 the Panel must notify the applicant and the Secretary in writing of the decision and of its reasons for making the decision. (5) If— (a) an application under section 177 has been made to the Panel; and (b) the time period provided in sub-section (3) has elapsed; and (c) notice of a decision on the application for the determination has not been received by the applicant— the Panel is deemed to have made, on the day on which the time period elapsed, a decision that the applicant has no entitlement to a payment under this section. 179. Application to Panel for determination of final payment—eligible charter boat operators (1) An eligible charter boat operator may, for a particular prescribed year, apply to the Panel for a determination under section 180(1) of any entitlement the eligible charter boat operator may have under section 171 to a payment for that year. (2) An application under this section must— (a) be in the form determined by the Panel and accompanied by the information required by the Panel; and s. 27 -- 56 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 52 (b) be lodged with the Registrar of the Panel not later than 90 days after the end of the prescribed year in respect of which the application has been made. (3) If the Panel is of the opinion that it is reasonably necessary in all the circumstances, the Panel may allow a person a further 2 weeks after the time specified in sub-section (2)(b) in which to lodge an application. (4) The Registrar of the Panel must notify an applicant under this section that the application is being considered by the Panel and that the applicant may request that the application be considered at an oral hearing. 180. Determinations of the Panel as to final payments—eligible charter boat operators (1) The Panel may determine, for a prescribed year in respect of which an application has been made under section 179, whether or not the applicant has an entitlement under section 171 and— (a) in the case of an applicant in respect of whom a determination of an interim payment under section 178 has not been made for the prescribed year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or (b) in the case of an applicant in respect of whom a determination of an interim payment under section 178 has been made for the prescribed year, if the Panel determines that the applicant has s. 27 -- 57 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 53 an entitlement for that year, the Panel must determine— (i) the amount of that entitlement; and (ii) whether or not the amount of the interim payment is greater or less than the amount determined under sub-paragraph (i). (2) The Panel, of its own motion, may determine, for a prescribed year in respect of which a determination of an interim payment under section 178 has been made, whether or not the person in respect of whom the determination has been made has an entitlement under section 171 for that year and, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine— (a) the amount of that entitlement; and (b) whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (a). (3) If— (a) the Panel, under sub-section (1)(a), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or (b) the Panel determines under sub-section (1)(b)(ii) or (2)(b) that the amount of s. 27 -- 58 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 54 the interim payment is less than the amount determined under sub-section (1)(b)(i) or (2)(a) (as the case requires), the difference between the two amounts is a debt owed by the State of Victoria to the person in respect of whom the determination has been made; or (c) the Panel determines under sub-section (1)(b)(ii) or (2)(b) that the amount of the interim payment is greater than the amount determined under sub-section (1)(b)(i) or (2)(a) (as the case requires), the difference between the two amounts is a debt owed by the person in respect of whom the determination has been made to the State of Victoria. (4) If the Panel proposes to make a determination under sub-section (2), the Registrar of the Panel— (a) must, at least 30 days before making the determination, give the person in respect of whom the determination is to be made, notice of the proposal to make the determination; and (b) may require the person in respect of whom the determination is to be made to provide the information specified by the Panel. 181. Procedures for making determinations of final payments—eligible charter boat operators (1) A determination under section 180 must be made not later than 180 days after the end of the prescribed year in respect of which the determination is made. s. 27 -- 59 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 55 (2) On making a determination under section 180 the Panel must notify the person in respect of whom the determination is made and the Secretary in writing of its determination and of its reasons for making the determination. (3) If— (a) an application has been made to the Panel for a determination under section 180; and (b) the time period provided in sub-section (1) has elapsed; and (c) notice of a decision on the application for the determination has not been received by the applicant— the Panel is deemed to have made, on the day on which the time period elapsed, a determination that the applicant has no entitlement under this Part. Division 7—Review of determinations by the Tribunal 182. Applications for the Tribunal to review determinations (1) The Secretary or a person in respect of whom a determination under Division 5 or Division 6 has been made by the Panel may apply to the Tribunal for a review of any such determination. (2) An application must— (a) be in writing; and (b) specify the grounds of the application; and s. 27 -- 60 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 56 (c) be lodged with the Registrar of the Tribunal within 30 days of the applicant being given notice of the determination of the Panel or within 30 days of the Panel being deemed to have made the determination (as the case requires). (3) The Registrar of the Tribunal must notify the applicant of the time and place fixed for the review of the determination. 183. Determinations of applications by the Tribunal (1) After hearing an application for review, the Tribunal may— (a) affirm the determination; or (b) vary the determination; or (c) set aside the determination and make a determination in substitution for the determination. (2) On making a determination of an application under sub-section (1), the Tribunal must notify the applicant and the Secretary in writing of its determination and of its reasons for making the determination. Division 8—Constitution and proceedings of the Panel 184. Compensation Assessment Panel s. 27 -- 61 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 57 (1) For the purposes of this Part there is established a Compensation Assessment Panel. (2) The Panel is to consist of 3 members who are to be appointed by the Minister, being— (a) a chairperson who has, in the opinion of the Minister, extensive knowledge and experience in any one or more of the following areas, industry, commerce, economics, law or public administration; (b) one person, selected by the Minister, from a panel of 3 persons associated with and familiar with the fishing industry, nominated by the recognised peak body so declared under section 95(1)(a); (c) one person who, in the opinion of the Minister, has expertise in financial matters. (3) A person must not be appointed as a member of the Panel if that person is— (a) a member or a deputy of the Tribunal; or (b) an eligible rock lobster access licence holder, an eligible specified access licence holder or an eligible charter boat operator. (4) The Minister may, at any time, remove a member of the Panel and appoint another member in accordance with sub-section (2). (5) A member is appointed for the term, not exceeding 3 years, that is specified in the instrument of appointment. (6) A member is eligible for re-appointment. -- 62 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 58 (7) Subject to this section, a member holds office on those terms and conditions (including as to payment and travel allowances) that are specified in the member's instrument of appointment. (8) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. 185. Deputies for members of the Panel (1) The Minister must appoint as a deputy for each member of the Panel, a person who satisfies the same qualification requirements as those that apply to the member for whom he or she is a deputy. (2) A person must not be appointed as a deputy for a member of the Panel if that person is— (a) a member or a deputy of the Tribunal; or (b) an eligible rock lobster access licence holder, an eligible specified access licence holder or an eligible charter boat operator. (3) The Minister may, at any time, remove a deputy and appoint another deputy in accordance with sub-section (1). (4) A deputy is appointed for the term, not exceeding 3 years, that is specified in his or her instrument of appointment. (5) A deputy is eligible for re-appointment. (6) Subject to this section, a deputy holds office on those terms and conditions (including as to payment and travel allowances) that are s. 27 -- 63 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 59 specified in his or her instrument of appointment. (7) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy. (8) A deputy has, while acting in the place of a member, the powers and duties of the member. 186. Registrar of the Panel The Secretary must appoint a person to be the Registrar of the Panel. 187. Meetings of the Panel (1) Subject to sub-section (2), meetings of the Panel are to be held at the times and places that the Panel determines. (2) The chairperson of the Panel may fix meetings of the Panel. (3) Subject to this section, in any meeting, the Panel may regulate its own procedure. 188. Proceedings of the Panel (1) For the purposes of making a determination under Division 5 or Division 6, the Panel must be constituted by the 3 members of the Panel. (2) Despite sub-section (1), if a member of the Panel is unable to take part in any proceeding under sub-section (1) because that member is ill or absent, the deputy of s. 27 s. 27 -- 64 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 60 that member may take part in the proceeding in his or her place. (3) If, after a proceeding has commenced, a person who is part of the Panel for the purposes of that proceeding becomes unable to take part in the proceeding, the chairperson must either— (a) with the consent of the applicant, arrange for the proceeding to continue, with the deputy of the member who is unable to take part taking that member's place; or (b) arrange for the proceeding to be reheard with the Panel constituted in accordance with this Division. 189. Conducting proceedings of the Panel (1) In any proceeding of the Panel, the deputy of the chairperson is to preside in the absence of the chairperson. (2) A determination of the Panel must be made by a majority of the persons conducting the proceeding. (3) The Panel must give any party to the proceeding— (a) reasonable notice of the proceeding; and (b) a reasonable opportunity to be heard. (4) The Panel, in making any determination— (a) must act according to the substantial merits of the case and without regard to legal forms and technicalities; and s. 27 -- 65 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 61 (b) may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence. (5) A party to any proceeding before the Panel may appear and be heard before the Panel personally or by a barrister and solicitor or by a person authorised in that behalf by that party. Division 9—Constitution and proceedings of the Tribunal 190. Compensation Appeals Tribunal (1) For the purposes of this Part there is established a Compensation Appeals Tribunal. (2) The Tribunal is to consist of 3 members who are appointed by the Governor in Council, on the recommendation of the Minister, being— (a) a person who is admitted to practice as a barrister and solicitor of the Supreme Court and who has knowledge of and experience in administrative law or the law of procedure and evidence, who is to be the chairperson; s. 27 -- 66 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 62 (b) one person, nominated by the Minister, from a panel of 3 persons associated with and familiar with the fishing industry, nominated by the recognised peak body so declared under section 95(1)(a); (c) one person who, in the opinion of the Minister, has expertise in financial matters. (3) A person must not be appointed as a member of the Tribunal if that person is— (a) a member or a deputy of the Panel; or (b) an eligible rock lobster access licence holder, an eligible specified access licence holder or an eligible charter boat operator. (4) The Governor in Council may, at any time, on the recommendation of the Minister, remove a member of the Tribunal and appoint another member in accordance with sub-section (2). (5) A member is appointed for the term, not exceeding 3 years, that is specified in the instrument of appointment. (6) A member is eligible for re-appointment. (7) Subject to this section, a member holds office on those terms and conditions (including as to payment and travel allowances) that are specified in the member's instrument of appointment. -- 67 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 63 (8) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. 191. Deputies for members of the Tribunal (1) The Governor in Council, on the recommendation of the Minister, must appoint as a deputy for each member of the Tribunal, a person who satisfies the same qualification requirements as those that apply to the member for whom he or she is a deputy. (2) A person must not be appointed as a deputy for a member of the Tribunal if that person is— (a) a member or a deputy of the Panel; or (b) an eligible rock lobster access licence holder, an eligible specified access licence holder or an eligible charter boat operator. (3) The Governor in Council may, at any time, on the recommendation of the Minister, remove a deputy and appoint another deputy in accordance with sub-section (1). (4) A deputy is appointed for the term, not exceeding 3 years, that is specified in his or her instrument of appointment. (5) A deputy is eligible for re-appointment. (6) Subject to this section, a deputy holds office on those terms and conditions (including as to payment and travel allowances) that are specified in his or her instrument of appointment. s. 27 -- 68 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 64 (7) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a deputy in respect of the office of deputy. (8) A deputy has, while acting in the place of a member, the powers and duties of the member. 192. Registrar of the Tribunal The Secretary must appoint a person to be the Registrar of the Tribunal. 193. Meetings of the Tribunal (1) Subject to sub-section (2), meetings of the Tribunal are to be held at the times and places that the Tribunal determines. (2) The chairperson of the Tribunal may fix meetings of the Tribunal. (3) Subject to this section, in any meeting, the Tribunal may regulate its own procedure. 194. Proceedings of the Tribunal (1) For the purposes of making a determination under section 183 of an application for review, the Tribunal must be constituted by the 3 members of the Tribunal. (2) Despite sub-section (1), if a member of the Tribunal is unable to take part in any proceeding under sub-section (1) because that member is ill or absent, the deputy of that member may take part in the proceeding in his or her place. s. 27 s. 27 -- 69 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 65 (3) If, after a proceeding has commenced, a person who is part of the Tribunal for the purposes of that proceeding becomes unable to take part in the proceeding, the chairperson must either— (a) with the consent of the applicant, arrange for the proceeding to continue, with the deputy of the member who is unable to take part taking that member's place; or (b) arrange for the proceeding to be reheard with the Tribunal constituted in accordance with this Division. 195. Conducting proceedings of the Tribunal (1) In any proceeding of the Tribunal, the deputy of the chairperson is to preside in the absence of the chairperson. (2) A determination of an application for review must be made by a majority of the persons hearing the application. (3) The Tribunal must give any party to the proceeding— (a) reasonable notice of the proceeding; and (b) a reasonable opportunity to be heard. (4) The Tribunal, in determining an application for review— (a) must act according to the substantial merits of the case and without regard to legal forms and technicalities; and -- 70 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 66 (b) may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence. (5) A party to any proceeding before the Tribunal may appear and be heard before the Tribunal personally or by a barrister and solicitor or by a person authorised in that behalf by that party. (6) The Tribunal may, on the application of the applicant, order that the determination or the operation or implementation of the determination to which the application for review relates, be stayed pending the determination of the application for review, if the Tribunal considers that it is desirable to do so after taking into account the interests of any person who may be affected by the application for review. (7) For the purposes of sub-section (6), an application to stay a determination, or the operation or implementation of a determination, may, with the consent of the applicant for review, be heard and determined by the chairperson sitting alone. Division 10—Annual reports on fisheries 196. Annual reports on fisheries to be prepared (1) The Minister must, after the expiry of each of the relevant licence years, cause to be prepared a report assessing the condition of each of the following fisheries— s. 27 s. 27 -- 71 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 67 (a) the abalone fishery; (b) the rock lobster fishery; (c) any other fishery for which a specified access licence applies. (2) In sub-section (1) "relevant licence years" means the licence years ending on 31 March 2003, 31 March 2004, 31 March 2005, 31 March 2006 and 31 March 2007. 197. Tabling of annual reports on fisheries The Minister must cause each report prepared under section 196 to be laid before each House of Parliament by 30 November next following the end of the licence year for which the report has been prepared, or, if either House is not then sitting, within 5 sitting days of that House after that date. 198. Minister to have regard to reports In exercising his or her powers, functions and duties under this Act, the Minister must have regard to reports prepared under section 196.'. __________________ -- 72 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 68 PART 4—AMENDMENTS TO OTHER ACTS 28. Amendment of the Extractive Industries Development Act 1995—Prevention of extractive industries in parks In section 10(b) of the Extractive Industries Development Act 1995, for "or State park" substitute ", State park, marine national park or marine sanctuary". 29. Amendment of the Mineral Resources Development Act 1990—Prevention of mining activities in parks In section 6(1) of the Mineral Resources Development Act 1990, after paragraph (b) insert— "(ba) land that is a marine national park or a marine sanctuary under the National Parks Act 1975;". _______________ s. 28 -- 73 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 69 PART 5—REVOCATION OF RESERVES 30. Revocation of Fisheries Reserves The Orders in Council specified in Schedule 2 are revoked. 31. Revocation of Wildlife Reserve The Orders in Council specified in Schedule 3 are revoked. __________________ s. 30 -- 74 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 70 SCHEDULES Section 24 SCHEDULE 1 INSERTION OF NEW SCHEDULES SEVEN AND EIGHT IN THE NATIONAL PARKS ACT 1975 After Schedule Six to the National Parks Act 1975 insert— "SCHEDULE SEVEN MARINE NATIONAL PARKS PART 1—BUNURONG MARINE NATIONAL PARK The land comprising 2100 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 2—CAPE HOWE MARINE NATIONAL PARK The land comprising 4050 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 13 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 3—CHURCHILL ISLAND MARINE NATIONAL PARK The land comprising 670 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 2 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 4—CORNER INLET MARINE NATIONAL PARK The land comprising 1550 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 3/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). Sch. 1 -- 75 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 71 PART 5—DISCOVERY BAY MARINE NATIONAL PARK The land comprising 2770 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 4/2 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 6—FRENCH ISLAND MARINE NATIONAL PARK The land comprising 2800 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 5 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 7—NINETY MILE BEACH MARINE NATIONAL PARK The land comprising 2750 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 6 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 8—POINT ADDIS MARINE NATIONAL PARK The land comprising 4600 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 7 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 9—POINT HICKS MARINE NATIONAL PARK The land comprising 4000 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 8 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 10—PORT PHILLIP HEADS MARINE NATIONAL PARK The land comprising 3580 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 9/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). Sch. 1 -- 76 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 72 PART 11—TWELVE APOSTLES MARINE NATIONAL PARK The land comprising 7500 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 10/1 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 12—WILSONS PROMONTORY MARINE NATIONAL PARK The land comprising 15 550 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 11 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). PART 13—YARINGA MARINE NATIONAL PARK The land comprising 980 hectares, more or less, delineated and shown shaded on the plan numbered M.N.P. 12 lodged in the Central Plan Office and which is at or above a depth of 200 metres below the land surface (whether or not that is covered by water). __________________ Sch. 1 -- 77 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 73 SCHEDULE EIGHT MARINE SANCTUARIES PART 1—BARWON BLUFF MARINE SANCTUARY The land comprising 17 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 1 lodged in the Central Plan Office. PART 2—BEWARE REEF MARINE SANCTUARY The area containing 220 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 2 lodged in the Central Plan Office. PART 3—EAGLE ROCK MARINE SANCTUARY The land comprising 17 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 3 lodged in the Central Plan Office. PART 4—JAWBONE MARINE SANCTUARY The land comprising 30 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 4 lodged in the Central Plan Office. PART 5—MARENGO REEFS MARINE SANCTUARY The land comprising 12 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 5 lodged in the Central Plan Office. PART 6—MERRI MARINE SANCTUARY The land comprising 25 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 6/1 lodged in the Central Plan Office. PART 7—MUSHROOM REEF MARINE SANCTUARY The land comprising 80 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 7 lodged in the Central Plan Office. PART 8—POINT COOKE MARINE SANCTUARY The land comprising 290 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 8 lodged in the Central Plan Office. Sch. 1 -- 78 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 74 PART 9—POINT DANGER MARINE SANCTUARY The land comprising 25 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 9 lodged in the Central Plan Office. PART 10—RICKETTS POINT MARINE SANCTUARY The land comprising 115 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 11 lodged in the Central Plan Office. PART 11—THE ARCHES MARINE SANCTUARY The land comprising 45 hectares, more or less, delineated and shown shaded on the plan numbered M.S. 10 lodged in the Central Plan Office. __________________". ______________________ Sch. 1 -- 79 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 75 SCHEDULE 2 Section 30 REVOCATION OF FISHERIES RESERVES Item 1—Harold Holt Annulus Fisheries Reserve Situation of land: Popes Eye, Port Phillip Bay Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 971 and 972 Purpose of reserve: Fisheries Extent of revocation: The entire reserve Item 2—Harold Holt Mud Islands Fisheries Reserve Situation of land: Mud Islands, Port Phillip Bay Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 967–969 Purpose of reserve: Fisheries Extent of revocation: The entire reserve Item 3—Harold Holt Point Lonsdale Fisheries Reserve Situation of land: Point Lonsdale Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 974–976 Purpose of reserve: Fisheries Extent of revocation: The entire reserve Sch. 2 -- 80 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 76 Item 4—Harold Holt Point Nepean Fisheries Reserve Situation of land: Point Nepean Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 972–974 Purpose of reserve: Fisheries Extent of revocation: The entire reserve Item 5—Harold Holt Swan Bay Fisheries Reserve Situation of land: Swan Bay Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 969–971 Purpose of reserve: Fisheries Extent of revocation: The entire reserve Item 6—Point Cook Fisheries Reserve Situation of land: Point Cooke Instrument of reservation: Order in Council dated 28 April 1998 Date of reservation: 30 April 1998 Description of land by reference to Government Gazette: Government Gazette dated 30 April 1998, pages 966 and 967 Purpose of reserve: Fisheries Extent of revocation: The entire reserve __________________ Sch. 2 -- 81 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 77 SCHEDULE 3 Section 31 REVOCATION OF WILDLIFE RESERVE Reservation of land under Crown Land (Reserves) Act 1978 Situation of land: Mud Islands Instrument of reservation under the Crown Land (Reserves) Act 1978: Order in Council dated 12 June 1985 Date of reservation: 19 June 1985 Description of land by reference to Government Gazette: Government Gazette dated 19 June 1985, page 2354 Purpose of reserve: Management of wildlife Extent of revocation: The entire reserve Classification of land as a nature conservation reserve Situation of land: Mud Islands Instrument of classification of wildlife reserve under the Wildlife Act 1975: Order in Council dated 10 March 1999 Date of classification: 11 March 1999 Description of land by reference to Government Gazette: Government Gazette dated 11 March 1999, pages 611 and 624 Classification under the Wildlife Act 1975: Nature conservation reserve Extent of revocation: The entire reserve ═══════════════ Sch. 3 -- 82 of 83 -- Act No. 40/2002 National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 78 ENDNOTES † Minister's second reading speech— Legislative Assembly: 16 May 2002 Legislative Council: 11 June 2002 The long title for the Bill for this Act was "to amend the National Parks Act 1975, the Fisheries Act 1995 and other Acts to provide for marine national parks and marine sanctuaries, to make further amendments to the National Parks Act 1975 and for other purposes." Endnotes -- 83 of 83 --