National Parks (Amendment) Act 2000

i National Parks (Amendment) Act 2000 Act No. 50/2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF THE NATIONAL PARKS ACT 1975 3 3. Principal Act 3 4. Definitions 3 5. Functions of National Parks Advisory Council 3 6. Insertion of new section 27B 3 27B. Native title not to be affected by amendments 3 7. Deer hunting in the Alpine National Park 4 8. Insertion of new Part IX 4 PART IX—FURTHER TRANSITIONAL PROVISIONS 4 53. National Parks (Amendment) Act 2000—Cessation of rights 4 54. National Parks (Amendment) Act 2000—Registrar of Titles to make necessary amendments 4 55. National Parks (Amendment) Act 2000—Continuation of alpine and bush grazing licences 5 56. National Parks (Amendment) Act 2000—Continuation of leases 5 57. National Parks (Amendment) Act 2000—Continuation of grazing licences under Land Act 1958 6 58. National Parks (Amendment) Act 2000—Continuation of grazing licences under Forests Act 1958 7 9. Amendment of Schedule Two 7 10. Amendment of Schedule Two B 8 11. Amendment of Schedule Three 8 PART 3—AMENDMENT OF OTHER ACTS 9 -- 1 of 12 -- Section Page ii 12. Amendment of Alpine Resorts Act 1983—Substitution of section 22 9 22. Construction of reference 9 13. Amendment of the Alpine Resorts (Management) Act 1997— Repeal of sections 63, 64, 65 and 73 9 ═══════════════ NOTES 10 -- 2 of 12 -- 1 National Parks (Amendment) Act 2000 † [Assented to 14 June 2000] 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— (i) to provide for land to be included in the Alpine National Park; and (ii) to make further provision for parks in that Act; and Victoria No. 50 of 2000 -- 3 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 2 (b) to make other miscellaneous amendments to the National Parks Act 1975; and (c) to amend the Alpine Resorts Act 1983 and the Alpine Resorts (Management) Act 1997. 2. Commencement (1) Sections 1 and 6 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 9(3) is deemed to have come into operation on the day on which section 10(2) of the National Parks (Alpine National Park) Act 1989 came into operation. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does not come into operation before 1 February 2001, it comes into operation on that day. _______________ s. 2 -- 4 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 3 PART 2—AMENDMENT OF THE NATIONAL PARKS ACT 1975 3. Principal Act In this Part the National Parks Act 1975 is called the Principal Act. 4. Definitions In paragraph (b) of the definition of "designated water supply catchment area" in section 3(1) of the Principal Act, before "the area of land" insert "Crown Allotments 1, A and C, Parish of Manango and that portion of Crown Allotment B, Parish of Taponga south of the Warburton–Woods Point Road and". 5. Functions of National Parks Advisory Council (1) After section 11(1)(a) of the Principal Act insert— "(aa) to advise the Minister on any proposed excision from a park referred to it by the Minister;". (2) After section 11(2) of the Principal Act insert— "(3) The Minister must cause a copy of any advice received under sub-section (1)(aa) to be laid before both Houses of Parliament within 10 sitting days after it is received.". 6. Insertion of new section 27B After section 27A of the Principal Act insert— "27B. Native title not to be affected by amendments The amendments made to this Act by the National Parks (Amendment) Act 2000 are s. 3 No. 8702. Reprint No. 7 as at 1 July 1999. -- 5 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 4 not intended to affect native title rights and interests.". 7. Deer hunting in the Alpine National Park In section 37(8) of the Principal Act— (a) after "marked A21 and shown by light shading or open circle pattern" insert "or marked WONG. and shown by hatching"; (b) for "N.P. 70/1f" substitute "N.P. 70/4f". 8. Insertion of new Part IX After Part VIII of the Principal Act insert— 'PART IX—FURTHER TRANSITIONAL PROVISIONS 53. National Parks (Amendment) Act 2000— Cessation of rights On the commencement of section 9(2) of the National Parks (Amendment) Act 2000, the lands delineated by a green border on the plan numbered N.P. 70/1h referred to in Part 37 of Schedule Two cease to be reserved forest. 54. National Parks (Amendment) Act 2000— Registrar of Titles to make necessary amendments The Registrar of Titles, on being requested to do so and on submission of any relevant folio of the register or other document, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of the National Parks (Amendment) Act 2000. s. 7 -- 6 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 5 55. National Parks (Amendment) Act 2000— Continuation of alpine and bush grazing licences (1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000 any licence over the hatched land, to which section 64 of the Alpine Resorts (Management) Act 1997 applied immediately before that commencement, continues in force and may be dealt with as a licence issued under section 32AD(1) of this Act. (2) In this section "hatched land" means the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 70/1i. 56. National Parks (Amendment) Act 2000— Continuation of leases Despite the commencement of section 9(2) of the National Parks (Amendment) Act 2000— (a) the lease entitled "Tunnel under Falls Creek Alpine Resort" granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 over Crown Allotment 10E, Parish of Darbalang, with a commencement date of 18 December 1997, in so far as it applies to land to which section 9(2) applies, continues in force as if it were a lease granted under this Act; s. 8 -- 7 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 6 (b) the lease entitled "Northern Foreshore of Part Rocky Valley Reservoir" granted by the Minister for Conservation and Land Management to Infratil Australia Hydro Pty Ltd ACN 080 429 901, Kanina Willows Pty Ltd ACN 080 735 815 and Contact Hydro Australia Pty Ltd ACN 080 810 546 granted over Crown Allotments 9H and 9J, Parish of Darbalang, with a commencement date of 18 December 1997, continues in force as if it were a lease granted under this Act. 57. National Parks (Amendment) Act 2000— Continuation of grazing licences under Land Act 1958 (1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, any grazing licence granted under Division 8 of Part 1 of the Land Act 1958 over the land delineated by a red border on the plan numbered N.P. 70/1h referred to in Part 37 of Schedule Two and existing immediately before that commencement, continues in force and may continue to be dealt as a licence under Division 8 of Part I of the Land Act 1958. (2) Despite anything to the contrary in this Act, Division 8 of Part I of the Land Act 1958 continues to apply to permit a grazing licence to be granted to the holder of a grazing licence referred to in sub-section (1) in respect of the land covered by that licence, and any licence so granted may be dealt with as a grazing licence under Division 8 of Part 1 of that Act. s. 8 -- 8 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 7 58. National Parks (Amendment) Act 2000— Continuation of grazing licences under Forests Act 1958 (1) On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, any grazing licence granted under section 52 of the Forests Act 1958 over the land delineated by a green border on the plan numbered N.P. 70/1h referred to in Part 37 of Schedule Two and existing immediately before that commencement, continues in force and may continue to be dealt with as a licence under section 52 of the Forests Act 1958. (2) Despite anything to the contrary in this Act, section 52 of the Forests Act 1958 continues to apply to permit a grazing licence to be granted to the holder of a licence referred to in sub-section (1) in respect of the land covered by that licence, and any licence so granted may be dealt with as a licence under section 52 of that Act.'. 9. Amendment of Schedule Two (1) In Part 20 of Schedule Two to the Principal Act— (a) for "121 hectares" substitute "134 hectares"; (b) for "N.P. 15/2" substitute "N.P. 15/3". (2) In Part 37 of Schedule Two to the Principal Act— (a) for "containing 1800 hectares more or less and 645 615 hectares, more or less," substitute "containing 660 550 hectares, more or less,"; (b) for "N.P. 70/1c" substitute "N.P. 70/2c"; (c) for "and N.P. 70/1g" substitute ", N.P. 70/1g and N.P. 70/1h"; s. 9 -- 9 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 8 (d) omit "also excepting therefrom the area shown hatched on the plan lodged in the Central Plan Office and numbered A.R.A. 2/1". (3) In Part 37 of Schedule Two to the Principal Act, for "coloured blue" substitute "bordered blue". (4) In Part 39 of Schedule Two to the Principal Act— (a) for "760 square kilometres" substitute "76 003 hectares"; (b) after "coloured yellow" insert "and that portion of Crown Allotment B, Parish of Taponga south of the Warburton–Woods Point Road"; (c) for "land bordered blue" substitute "that part of the land bordered blue that does not include Crown Allotments 1, A and C, Parish of Manango". 10. Amendment of Schedule Two B In Part 13 of Schedule Two B to the Principal Act— (a) for "7273 hectares" substitute "7367 hectares"; (b) for "N.P. 72/3" substitute "N.P. 72/4". 11. Amendment of Schedule Three In Part 6 of Schedule Three to the Principal Act— (a) for "17 584 hectares" substitute "17 600 hectares"; (b) for "N.P. 46A/4" substitute "N.P. 46A/5"; (c) for "N.P. 46C/4" substitute "N.P. 46C/5". _______________ s. 10 -- 10 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 9 PART 3—AMENDMENT OF OTHER ACTS 12. Amendment of Alpine Resorts Act 1983—Substitution of section 22 For section 22 of the Alpine Resorts Act 1983 substitute— '22. Construction of reference On and from the commencement of section 9(2) of the National Parks (Amendment) Act 2000, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to "the plan numbered A.R.A. 2/2 lodged in the Central Plan Office".'. 13. Amendment of the Alpine Resorts (Management) Act 1997—Repeal of sections 63, 64, 65 and 73 Sections 63, 64, 65 and 73 of the Alpine Resorts (Management) Act 1997 are repealed. ═══════════════ No. 9974. Reprint No. 3 as at 30 April 1998. s. 12 No. 89/1997. Reprint No. 1 as at 15 December 1998. -- 11 of 12 -- Act No. 50/2000 National Parks (Amendment) Act 2000 10 NOTES † Minister's second reading speech— Legislative Assembly: 4 May 2000 Legislative Council: 1 June 2000 The long title for the Bill for this Act was "to amend the National Parks Act 1975, the Alpine Resorts Act 1983 and the Alpine Resorts (Management) Act 1997 and for other purposes." Notes -- 12 of 12 --