3 Definitions s. 3 (1) In this Act unless inconsistent with the context or subject-matter— S. 3(1) def. of appointed land inserted by No. 62/2010 s. 124(1). appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987; S. 3(1) def. of authorized officer substituted by No. 66/2000 s. 35(1)(a). authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; S. 3(1) def. of Barwon Water inserted by No. 60/2005 s. 3(a). Barwon Water means Barwon Region Water Authority constituted under Part 6 of the Water Act 1989; S. 3(1) def. of Barwon water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(a), 54/2008 s. 3(a), 79/2013 s. 16(a). Barwon water supply catchment area means the land shown hatched on the plans numbered N.P. 111C/2, N.P. 111D/2, N.P. 111E/3, N.P. 111F/1 and N.P. 111G/1 and lodged in the Central Plan Office; S. 3(1) def. of boat inserted by No. 40/2002 s. 3(a). boat means any means of transportation on water; S. 3(1) def. of Central Plan Office inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 97/2003 s. 7, 79/2013 s. 16(b). Central Plan Office means the Central Plan Office of the Department of Transport, Planning and Local Infrastructure;
S. 3(1) def. of managing water authority inserted by No. 60/2005 s. 3(a), amended by No. 90/2009 s. 3(1)(b). managing water authority means— s. 3 (a) in the case of a designated water supply catchment that is a water supply catchment area, Melbourne Water Corporation; or (b) in the case of a designated water supply catchment that is the Barwon water supply catchment area, Barwon Water; or (c) in the case of a designated water supply catchment that is the Wannon water supply catchment area, Wannon Water; S. 3(1) def. of marine national park inserted by No. 40/2002 s. 3(a). marine national park means any land that, by reason of section 17D, is a marine national park for the purposes of this Act; S. 3(1) def. of marine sanctuary inserted by No. 40/2002 s. 3(a). marine sanctuary means any land that, by reason of section 17D, is a marine sanctuary for the purposes of this Act; S. 3(1) def. of Melbourne Water Corporation inserted by No. 60/2005 s. 3(a), amended by No. 85/2006 s. 173(Sch. 1 item 8.1). Melbourne Water Corporation means Melbourne Water Corporation constituted under the Water Act 1989;
S. 3(1) def. of water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 54/2008 s. 3(b), 79/2013 s. 16(c). water supply catchment area means either— (a) the land shown coloured blue on the plan numbered N.P. 8B/1 and lodged in the Central Plan Office; or (b) the land shown coloured blue on the plans numbered N.P. 102A/3 and N.P. 102B/2 and lodged in the Central Plan Office; S. 3(1) def. of miner's right inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1). miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990; s. 3 S. 3(1) def. of mining licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1). mining licence means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990; national park means land that, by reason of section 17, is a national park for the purposes of this Act; S. 3(1) def. of park amended by Nos 38/1989 ss 4, 18(3)(a), 40/2002 s. 3(b). park means a national park, State park, marine national park, marine sanctuary or land that by reason of section 17A or 18, is a park for the purposes of this Act; prescribed means prescribed by this Act or the Regulations;
S. 3(1) def. of priority species inserted by No. 40/2002 s. 3(a). priority species has the same meaning as in the Fisheries Act 1995; S. 3(1) def. of recreational fishing equipment inserted by No. 82/2009 s. 3. recreational fishing equipment has the same meaning as in the Fisheries Act 1995; s. 3 S. 3(1) def. of reference area inserted by No. 35/2005 s. 3. reference area means an area proclaimed to be a reference area under the Reference Areas Act 1978; S. 3(1) def. of relevant land inserted by No. 70/1998 s. 4, repealed by No. 40/2002 s. 3(c). * * * * * S. 3(1) def. of remote and natural area inserted by No. 40/1992 s. 16. remote and natural area means land that, by reason of section 21B, is a remote and natural area for the purposes of this Act; S. 3(1) def. of rock lobster inserted by No. 35/2010 s. 3. rock lobster has the same meaning as in the Fisheries Act 1995; S. 3(1) def. of Rock Lobster Fishery Access Licence inserted by No. 35/2010 s. 3. Rock Lobster Fishery Access Licence has the same meaning as under the Fisheries Act 1995;
S. 3(1) def. of rock lobster pot inserted by No. 35/2010 s. 3. rock lobster pot has the same meaning as under the Fisheries Act 1995; S. 3(1) def. of search inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1). search has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990; s. 3 S. 3(1) def. of Secretary inserted by No. 70/1998 s. 4. Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987; S. 3(1) def. of South West Water inserted by No. 60/2005 s. 3(a), repealed by No. 90/2009 s. 3(2). * * * * * S. 3(1) def. of South West water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(b), 54/2008 s. 3(c), repealed by No. 90/2009 s. 3(3). * * * * * S. 3(1) def. of take inserted by No. 40/2002 s. 3(a). take means to gain possession or control of by any means;
S. 10(4) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3). (4) An Order made under subsection (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether— (a) wholly or partially or as amended by order or other instrument; or (b) as formulated, issued, prescribed or published at the time the order is made or at any time before then. S. 10(5) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3), amended by No. 79/2013 s. 17. (5) Subsection (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office. s. 11 11 Functions of National Parks Advisory Council (1) The functions of the National Parks Advisory Council are— (a) to advise the Minister generally in relation to the administration of this Act and on particular matters in relation to that administration on which its advice is sought by the Minister; S. 11(1)(aa) inserted by No. 50/2000 s. 5(1). (aa) to advise the Minister on any proposed excision from a park referred to it by the Minister; S. 11(1)(b) repealed by No. 64/2004 s. 4. * * * * * (c) to submit to the Minister within three months after each year ending on the 30th day of June a report on the performance of its functions during that year.
committee receives a fee or a travelling or other allowance under this Act such member or person shall not for the purposes of Division 4 of the said Part II or of section 8 of the Parliamentary Contributory Superannuation Act 1962 or of section 23 of the Parliamentary Salaries and Superannuation Act 1968 (as the case may be) be deemed to have accepted or held an office or place of profit under the Crown. S. 16A inserted by No. 70/1998 s. 6, amended by Nos 40/2002 s. 5, 82/2009 s. 4 (ILA s. 39B(1)). 16A Secretary may enter into management agreements s. 16A (1) The Secretary may enter into a management agreement with Parks Victoria for the management of the whole or any part of— (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. S. 16A(1A) inserted by No. 62/2010 s. 125(1). (1A) An agreement under subsection (1) may specify the functions, powers or duties in relation to the management of the land that are to be carried out by Parks Victoria. S. 16A(1B) inserted by No. 62/2010 s. 125(1). (1B) An agreement under subsection (1) must not extend to the carrying out of any function, power or duty in relation to the management of land that is conferred on a Traditional Owner Land Management Board.
(c) for the control of indigenous fauna to the extent necessary for the preservation and protection of any species; and (d) subject to paragraph (a), for the removal of evidence of developments of non-aboriginal origin. S. 17A(3) amended by No. 70/1998 s. 14(Sch. item 3). (3) Subject to subsection (2), the Secretary— (a) must ensure that opportunities are provided for solitude and appropriate self-reliant recreation in a wilderness park; and (b) must promote the understanding and appreciation of the purpose and significance of wilderness and the proper use of wilderness by the public. S. 17B inserted by No. 38/1989 s. 6, amended by Nos 70/1998 s. 14(Sch. item 4), 62/2010 s. 127(2) (ILA s. 39B(1)). s. 17B 17B Management plans (1) The Secretary must, within two years of the inclusion of each wilderness park in Schedule Two A, prepare a management plan in respect of the park which must be consistent with the principles set out in this Division for the management of wilderness parks. S. 17B(2) inserted by No. 62/2010 s. 127(2). (2) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a wilderness park, a management plan prepared under subsection (1) does not have effect in so far as a joint management plan is in effect for that land. S. 17C inserted by No. 38/1989 s. 6. 17C Prohibition on development and other activities S. 17C(1) amended by No. 70/1998 s. 14(Sch. item 5). (1) The Secretary must ensure that in a wilderness park— (a) there are no roads, structures or installations; and
effect) for which it is within the object of this Act to make provisions in relation to a park and the land is suitable to be a park or part of a park under this Act the Minister may enter into an agreement with the Trust for the management of the land by the Secretary. S. 19A(2) amended by No. 70/1998 s. 14(Sch. item 8). (2) Where the Secretary undertakes the management of land pursuant to an agreement under this section, the land shall be used and managed as though it was (as the case requires in accordance with the agreement) a national park or other park or part of a national park or other park. S. 19A(2A) inserted by No. 10166 s. 9. (2A) Where an agreement is in force under this section for the management of land— s. 19A (a) sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48; and S. 19A(2A)(b) amended by No. 38/1989 s. 8. (b) sections 17A, 17B, 17C, 19(2) and (3), 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides— shall have effect in and in respect of the land as if it were (as the case requires in accordance with the agreement) a national park or other park or part of a national park or other park. (3) The Governor in Council may make regulations with respect to land subject to an agreement under this section as though the land was (as the case requires in accordance with the agreement) land described in Schedule Two or Schedule Three. S. 19A(4) amended by No. 70/1998 s. 14(Sch. item 8). (4) Nothing in this section shall be construed as authorizing the Minister the Secretary the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would not be consistent with any trust condition
S. 19F(3) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3), 57/2006 s. 4. (3) Where any land is included in Schedule Four— S. 19F(3)(a) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3). (a) the provisions of this Act or any regulations made pursuant to the Act shall not apply to the land except as specifically provided in Schedule Four; s. 19F S. 19F(3)(b) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3). (b) those provisions of the Act which are specified in Schedule Four to apply to the land shall apply to the land as though it were a park. (4) A copy of an Order under this section shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament. (5) An Order under this section shall be revoked if each House of Parliament passes a resolution revoking the Order within eighteen sitting days after the Order has been laid before both Houses of Parliament. S. 19F(6) inserted by No. 44/1986 s. 9(b). (6) An order may not specify that any provision of this Act or the regulations is to apply to any land that is subject to an agreement under section 19A, 19C, 19D or a lease under section 19E if there is an express term or condition to the contrary in the agreement or lease.
S. 21D(3)(c) amended by No. 70/1998 s. 14(Sch. item 16). (c) the Minister or the Secretary may give effect to any rights, powers or obligations acquired or incurred in relation to land before its inclusion in a remote and natural area; and S. 21D(3)(d) amended by No. 70/1998 s. 14(Sch. item 16). (d) the Minister or the Secretary may do anything necessary for the maintenance or repair of existing roads, tracks, structures or facilities in a remote and natural area. S. 21D(4) amended by No. 70/1998 s. 14(Sch. item 16). (4) The Secretary may, in a remote and natural area, do anything which he or she considers necessary for— (a) the eradication or control of non-indigenous flora and non-indigenous fauna; or s. 21D (b) the protection of the natural environment; or (c) the health and safety of the public; or (d) the prevention or control of fire; or (e) dealing with emergencies relating to disease. S. 21D(5) amended by No. 70/1998 s. 14(Sch. item 16). (5) The Secretary, with the approval of the Minister, may do anything else that the Secretary considers— (a) is— (i) essential for the responsible management of a remote and natural area; or (ii) necessary to be done in the public interest, in relation to a remote and natural area; and (b) does not substantially degrade the natural condition or appearance of the area. S. 21D(6) amended by No. 70/1998 s. 14(Sch. item 16). (6) The Secretary must undertake, or cause to be undertaken, rehabilitation work or any other measures that the Secretary considers necessary to prevent or minimise loss or degradation of the
S. 22(4B) inserted by No. 40/1992 s. 10(1). (4B) Subsection (4A) does not affect or limit the Governor in Council's power to declare land to be a wilderness zone. S. 22(4C) inserted by No. 40/1992 s. 10(1). (4C) The Minister must not appoint a day on which the land in Part 7 of Schedule Five becomes a wilderness zone that is earlier than the date of commencement of Part 2 of the National Parks (Wilderness) Act 1992. S. 22(5) inserted by No. 38/1989 s. 12(1). (5) The Governor in Council, by proclamation published in the Government Gazette may declare specified land forming part of a park to be a wilderness zone if the land— s. 22 (a) together with the plant and animal community on the land, is in a state that has not been substantially modified by the influences of European settlement or is capable of being restored to such a state; and (b) is of a sufficient size to make its maintenance in such a state feasible; and (c) is capable of providing opportunities for solitude and appropriate self-reliant recreation. S. 22(6) inserted by No. 38/1989 s. 12(1), amended by No. 40/1992 s. 10(2)(b). (6) The Governor in Council may by proclamation published in the Government Gazette declare that specified land forming a wilderness zone under subsection (4A) or (5) or part of a wilderness zone cease to form that zone or part. S. 22(7) inserted by No. 38/1989 s. 12(1). (7) A proclamation under subsection (5) or (6) does not have effect unless approved by resolutions of both Houses of the Parliament. S. 22(8) inserted by No. 38/1989 s. 12(1). (8) Notice of a resolution to approve a proclamation may be given in a House of the Parliament on or before the eighteenth day on which that House sits after the proclamation is made and the resolution must be passed on or before the twelfth day upon which that House sits after notice of the resolution
S. 32A inserted by No. 9114 s. 14, amended by Nos 43/1990 s. 16(1), 44/2001 s. 3(Sch. item 86), repealed by No. 64/2004 s. 9. * * * * * S. 32AA inserted by No. 9247 s. 11. 32AA Glenample S. 32AA(1) amended by Nos 46/1998 s. 7(Sch. 1), 70/1998 s. 14(Sch. item 24). s. 32AA (1) Where any part or parts of Crown allotments 5 and 6 Parish of Latrobe has or have been leased by the Crown the Minister administering the Planning and Environment Act 1987 may authorize the Secretary to manage the land. S. 32AA(2) amended by No. 70/1998 s. 14(Sch. item 24). (2) Where the Secretary undertakes the management of the land— (a) the land shall be used and managed subject to the terms of the lease referred to in subsection (1) as though the land was land described in Schedule Three; (b) the Governor in Council may make regulations in respect of the land subject to the lease referred to in subsection (1) as though the land was land described in Schedule Three. S. 32AA(3) amended by Nos 46/1998 s. 7(Sch. 1), 70/1998 s. 14(Sch. item 24). (3) Nothing in this section shall be construed as authorizing the Minister administering the Planning and Environment Act 1987 the Secretary the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would not be consistent with any trust condition or other restriction relating to the
S. 33(3)(e) amended by Nos 9902 s. 2(1)(Sch. item 186), 46/1998 s. 7(Sch. 1), 6/2010 s. 203(1) (Sch. 6 item 32.2). (e) the whole or part of the cost of carrying out works for the establishment of roads or tracks into a park where those works are carried out by arrangement between the Minister and the Minister administering the Planning and Environment Act 1987 or the Minister administering the Transport Integration Act 2010; S. 33(3)(f) amended by No. 9902 s. 2(1)(Sch. item 186). (f) subject to the approval of the Minister, the whole or part of the costs of the purchase or acquisition of land purchased or acquired or proposed to be purchased or acquired under section 5 of the Crown Land (Reserves) Act 1978 for the purpose of a park; or (g) costs and expenditure incurred in the administration, protection or management— (i) of any land of which the Council is, pursuant to section 14 of the (Reserves) Act 1978, the committee of management; (ii) of any land the subject of an agreement under section 19A; S. 33(3)(g)(iia) inserted by No. 10166 s. 15, amended by No. 70/1998 s. 14(Sch. item 33). (iia) of any land managed by the Secretary under section 19AA, 19C or 19E; S. 33(3)(g)(iii) amended by No. 70/1998 s. 14(Sch. item 33). (iii) of any land placed under the control and management of the Secretary pursuant to section 18(1) of the (Reserves) Act 1978; or S. 33(3)(g)(iv) amended by No. 70/1998 s. 14(Sch. item 33). (iv) of any land managed by the Secretary pursuant to an agreement made under section 19D.
S. 40(1AA)(d) amended by Nos 84/2003 s. 18(b), 60/2005 s. 11(1)(a). (d) an application for a lease, licence, permit, consent or other authority or registration was made before the relevant date; or S. 40(1AA)(e) inserted by No. 60/2005 s. 11(1)(b), amended by No. 6/2009 s. 54(3). (e) in the case of the land shown delineated and cross-hatched on the plan lodged in the Central Plan Office and numbered N.P. 111E, the consent is to the granting of an extractive industry work authority under the Mineral Resources (Sustainable Development) Act 1990. S. 40(1AAA) inserted by No. 40/2002 s. 11(1), amended by No. 6/2009 s. 54(4). s. 40 (1AAA) The Minister must not consent to the grant of an extractive industry work authority under section 77I of the Mineral Resources (Sustainable Development) Act 1990 in respect of land in a marine national park or a marine sanctuary. S. 40(1AB) inserted by No. 38/1989 s. 26(2). (1AB) In subsection (1AA), relevant date means— (a) in relation to land in a park that was a park before 1 October 1988—that date; and (b) in relation to any other land— (i) the date on which the Governor in Council makes a recommendation under the Land Conservation Act 1970 on the use of the land; or (ii) if no such recommendation is made, the date on which the land became a park or part of a park. S. 40(1AC) inserted by No. 70/1998 s. 11, amended by No. 6/2009 s. 54(5). (1AC) Subsections (1AA), (3), (5) and (6) do not apply in relation to the consent of the Minister under subsection (1) or an extractive industry work authority granted under the Mineral Resources (Sustainable Development) Act 1990 in relation to the Basalt Hill Quarry in the Alpine National Park, being the area shown bordered in red on the
S. 40(1D)(a) amended by No. 63/2006 s. 61(Sch. item 23.2). (a) despite section 14 of the Mineral Resources (Sustainable Development) Act 1990, does not entitle the holder to do anything in the part of the park in respect of which the licence has been granted other than construct and operate minor mining infrastructure; and s. 40 (b) is subject to any terms and conditions imposed by the Minister as to the nature of the infrastructure and as to the effect any such infrastructure may have on the park. S. 40(1E) inserted by No. 50/2002 s. 10(1). s. 40 (1E) An exploration licence granted in accordance with subsection (1C) is subject to any terms and conditions that the Minister thinks fit to impose. S. 40(1F) inserted by No. 50/2002 s. 10(1), amended by No. 63/2006 s. 61(Sch. item 23.2). (1F) Despite the application of subsection (1) to the land described in Part 6 of Schedule Four and section 14 of the Mineral Resources (Sustainable Development) Act 1990, a mining licence granted in respect of any part of the land so described does not entitle the holder to carry out mining on the land surface of the whole or any part of the land so described. S. 40(1G) inserted by No. 50/2002 s. 10(1), amended by No. 63/2006 s. 61(Sch. item 23.2). (1G) Despite any provision of this Act or section 14 of the Mineral Resources (Sustainable Development) Act 1990, a mining licence granted in respect of any part of the land described in Part 6 of Schedule Four may authorise the holder to construct and operate minor mining infrastructure (whether on the surface or otherwise) of the land so described, if the Minister has consented to any such construction or operation. S. 40(1H) inserted by No. 50/2002 s. 10(1). (1H) A mining licence in respect of which a consent has been given under subsection (1G) is subject to any terms and conditions imposed by the Minister as to the nature of the infrastructure and as to the effect the infrastructure may have on the land described in Part 6 of Schedule Four.
S. 45C inserted by No. 40/2002 s. 16, amended by No. 35/2010 s. 8. 45C Proceedings and enforcement under this Division Divisions 1 and 3 of Part 7 and section 130 of the Fisheries Act 1995 apply to an offence under this Division as if the offence were an offence under the Fisheries Act 1995. S. 45D (Heading) substituted by No. 57/2006 s. 6(1). S. 45D inserted by No. 40/2002 s. 16. 45D Liability for offences (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 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. S. 45D(2A) inserted by No. 57/2006 s. 6(2). (2A) If an offence against this Division is committed from or in connection with a boat, the person in charge of the boat at the time that the offence is committed is also guilty of such an offence. S. 45D(2B) inserted by No. 57/2006 s. 6(2). (2B) Subsection (2A) does not apply in circumstances in which subsection (1) or (2) applies. s. 45D
S. 45D(2C) inserted by No. 57/2006 s. 6(2). (2C) It is a defence in any proceedings for an offence against subsection (2A) if the person in charge of the boat establishes— (a) that he or she did everything that was reasonably practicable to ensure that the offence would not be committed; and (b) that he or she did not in any way aid, abet, counsel or procure the commission of the offence. (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. S. 45E inserted by No. 40/2002 s. 16, amended by No. 57/2006 s. 7. 45E Time for bringing proceedings s. 45E Despite anything to the contrary in any Act, proceedings for an offence against sections 45A(1), 45A(4), 45A(5) or 45A(6A) may be commenced within the period of 3 years after the date on which the offence is alleged to have been committed. Pt 5 Div. 3 (Heading) inserted by No. 40/2002 s. 16. Division 3—Provisions relating to proceedings and other matters No. 8083 s. 19. S. 46 amended by No. 57/1995 s. 14, substituted by No. 70/1998 s. 9. 46 Proceedings (1) Proceedings for an offence against this Act or the regulations may only be brought by the Secretary. (2) An authorised officer may appear on behalf of the Secretary in proceedings for an offence against this Act or the regulations. S. 47 amended by Nos 10073 s. 11, 7/1997 s. 12(1). 47 Evidence
S. 50F inserted by No. 50/2002 s. 11, amended by Nos 8702 s. 50F(2)(4), 64/2004 s. 17(2), repealed by No. 57/2006 s. 9(1). * * * * * Ss 50G, 50H inserted by No. 50/2002 s. 11, repealed by No. 64/2004 s. 17(3). * * * * * S. 50I inserted by No. 50/2002 s. 11 amended by No. 8702 s. 50I(3)(7), repealed by No. 57/2006 s. 9(2). * * * * * S. 50J inserted by No. 50/2002 s. 11, repealed by No. 64/2004 s. 17(3). * * * * * S. 50K inserted by No. 50/2002 s. 11. 50K Land to become part of park on surrender to the Crown s. 50K If the land shown delineated and coloured blue on the plan numbered N.P. 105B is not surrendered to the Crown before the commencement of section 12 of the National Parks (Box-Ironbark and Other Parks) Act 2002, that land is deemed to be excluded from the park described in Part 41 of Schedule Two until the title to the land is surrendered to the Crown.
Sch. 2 Pt 1 substituted by No. 24/1988 s. 5(a), amended by No. 46/1998 s. 7(Sch. 1). PART 1— Sch. 2 All those pieces or parcels of land containing 3050 ha, more or less, situate in the Parishes of Karlo and Kooragan, County of Croajingolong, being the land delineated and bordered red or green, or coloured yellow excepting from them the roads shown as excluded in a plan prepared by the Surveyor-General lodged in the Central Plan Office and numbered N.P. 90. Sch. 2 Pt 2 substituted by Nos 9114 s. 3(1), 9247 s. 3(1), 9570 s. 3(1), 10166 s. 4(1), amended by Nos 57/1995 s. 29(2)(Sch. 3 Pt A(a)(i)(ii)), 46/1998 s. 7(Sch. 1), 90/2009 s. 13(1), 79/2013 s. 23(1). PART 2— All those pieces or parcels of land containing 8885 hectares, more or less, situate in the Parishes of Anakie, Beremboke, Bungeeltap, Durdidwarrah, Gorrockburkghap and Moreep, County of Grant, being the land delineated and coloured pink excepting therefrom the roads shown as excluded in a plan lodged in the Central Plan Office and numbered N.P. 1/8. Sch. 2 Pt 3 substituted by Nos 9114 s. 3(1), 9570 s. 3(1), 44/1986 s. 4(1), amended by Nos 38/1989 s. 27(1), 2/1991 s. 5(1)(a)–(c), 46/1998 s. 7(Sch. 1), 64/2004 s. 19(1)(a)–(d). PART 3— All those pieces or parcels of land containing 2015 hectares, more or less, situate in the Parishes of Bulga and Devon, delineated and coloured pink or coloured green or coloured yellow in a plan lodged in the Central Plan Office and numbered N.P. 22/4 excepting therefrom the .
Sch. 2B Pt 29 inserted by No. 38/1989 s. 28, repealed by No. 37/1989 s. 12. * * * * * Sch. 2B Pt 30 inserted by No. 38/1989 s. 28, substituted by No. 38/1989 s. 29(6), amended by Nos 57/1995 s. 29(3)(Sch. 3 Pt B(g)(i)(ii)), 46/1998 s. 7(Sch. 1), 50/2002 s. 13(4)(a)–(d), repealed by No. 82/2009 s. 21(2). * * * * * Sch. 2B Sch. 2B Pt 31 inserted by No. 38/1989 s. 28, amended by Nos 7/1997 s. 17(9)(a)–(c), 46/1998 s. 7(Sch. 1), 60/2005 s. 17(4)(a)–(d), 54/2008 s. 11(3). PART 31—WARRANDYTE STATE PARK All those pieces or parcels of land containing 686 hectares, more or less, situate in the Parishes of Nillumbik, Sutton and Warrandyte, County of Evelyn, being the land delineated and coloured pink or coloured yellow in a plan lodged in the Central Plan Office and numbered N.P. 21/7. Sch. 2B Pt 32 inserted by No. 38/1989 s. 28, amended by Nos 57/1995 s. 29(3)(Sch. 3 Pt B(h)(i)–(iii)), 46/1998 s. 7(Sch. 1). PART 32—WERRIBEE GORGE STATE PARK All those pieces or parcels of land containing 575 hectares, more or less, situate in the Parishes of Gorong, Gorrockburkghap and Korkuperrimul, Counties of Grant and Bourke, being the land delineated and bordered red in a plan lodged in the Central Plan Office and numbered N.P. 37/1.
Sch. 2B Pt 37 inserted by No. 50/2002 s. 13(6), amended by No. 57/2006 s. 14. PART 37—BROKEN-BOOSEY STATE PARK All those pieces and parcels of land containing 1010 hectares, more or less, situate in the Townships of Dunbulbalane, Katamatite and Wunghnu and the Parishes of Boosey, Drumanure, Dunbulbalane, Katamatite, Naringaningalook, Tharanbegga, Youanmite and Youarang, County of Moira, being the land delineated and coloured pink and coloured yellow in a plan lodged in the Central Plan Office and numbered N.P. 108/1. Sch. 2B Pt 38 inserted by No. 50/2002 s. 13(6). PART 38—REEF HILLS STATE PARK Sch. 2B All those pieces and parcels of land containing 2 020 hectares, more or less, situate in the Parishes of Benalla and Kelfeera, County of Delatite, being the land delineated and coloured pink in a plan lodged in the Central Plan Office and numbered N.P. 68/1. Sch. 2B Pt 39 inserted by No. 7/2012 s. 18(2). All those pieces and parcels of land containing 8645 hectares, more or less, situate in the Parishes of Colquhoun, Colquhoun East, Ninnie, Nowa Nowa South, Tildesley East and Tildesley West, County of Tambo, being the land delineated and coloured pink or coloured green or coloured yellow in a plan lodged in the Central Plan Office and numbered N.P. 121. _______________
Sch. 4 Pt 3 inserted by GG 23.4.86 p. 1050, amended by GG 1.4.93 p. 760, Nos 46/1998 s. 7(Sch. 1), 40/2002 s. 23(3), 57/2006 s. 16(1), 79/2013 s. 30(2). PART 3—SHALLOW INLET MARINE AND COASTAL PARK Description Sch. 4 Crown land temporarily reserved for the conservation of areas of natural interest or beauty or scientific history or archaeological interest and areas for public recreation and shown coloured blue on plan N.P.M.R. 1/2 lodged in the Central Plan Office except any land reserved as a national park or declared or deemed to be reserved for any purpose under the Crown Land (Reserves) Act 1978 and any land proclaimed or set aside as a road or any land for which permission to occupy has been given by the Crown or a licence or lease under the Land Act 1958 is in force by Orders in Council of 18 March 1986 (see Government Gazette dated 26 March 1986). Section of the Act under which land is managed 19B. Date of Appointment of Director to Manage Land 18 March 1986, Gazette 26 March 1986. Provisions of the Act to apply to the land Sections 1 to 6 inclusive, 9 to 27 inclusive, 33(3), 35 to 39 inclusive and 40 to 48 inclusive. Application of the Regulations to the land National Parks Regulations 2013. Sch. 4 Pt 4 inserted by GG 23.4.86 p. 1050, amended by GG 1.4.93 p. 760, Nos 46/1998 s. 7(Sch. 1), 40/2002 s. 23(4)(a)(b), 57/2006 s. 16(1), 79/2013 s. 30(2). PART 4—CORNER INLET MARINE AND COASTAL PARK Description Sch. 4 Crown land temporarily reserved for the conservation of areas of natural interest or beauty or scientific history or archaeological interest and areas for public recreation and shown coloured green on plan N.P.M.R. 1/2 lodged in the Central Plan Office except any land reserved as a national park or declared or deemed to be reserved for any purpose under the Crown Land (Reserves) Act 1978 and any land proclaimed or set aside as a road or any land for which permission to occupy has been given
Sch. 4 Pt 8 inserted by No. 50/2002 s. 15(2), amended by Nos 64/2004 s. 22(a)–(d), 57/2006 s. 16, 79/2013 s. 30(2). PART 8— Description Crown land permanently reserved under the (Reserves) Act 1978 for the purposes of the protection of cultural and natural heritage and described in Division 1 of Part 2 of the Fifth Schedule to that Act. Section of Act under which land is managed 19B. Date of appointment of Secretary to manage the land The date on which section 17 of the National Parks and Other Parks) Act 2002 comes into operation. Provisions of Act that apply to the land Sections 3, 4(b) and (c), 6, 11, 14, 15, 16, 16A, 18, 19, 19B, 19F, 20, 21, 22, 23, 24, 26A, 27, 32D, 33, 35, 36, 37, 38, 39, 41, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48. Application of Regulations to the land Sch. 4 National Parks Regulations 2013. Note to Sch. 4 Pt 8 amended by Nos 54/2008 s. 12, 35/2010 s. 13. Note: The description of this land is as follows— All those pieces and parcels of land containing 7585 hectares, more or less, situate in the Township of Fryerstown and the Parishes of Castlemaine, Chewton, Faraday, Fryers, Holcombe and Yandoit, County of Talbot, being the land delineated and coloured pink or coloured yellow in plans lodged in the Central Plan Office and numbered N.P. 109A/4, N.P. 109B/2 and N.P. 109C/2 to the extent that that land is at or above a depth of 100 metres below the land surface. _______________ Section 22. Sch. 5 inserted by No. 40/1992 s. 12. SCHEDULE FIVE
Sch. 5 Pt 12 inserted by No. 40/1992 s. 12, amended by No. 46/1998 s. 7(Sch. 1). PART 12—COBBERAS WILDERNESS ZONE All those pieces or parcels of land, containing 100 square kilometres more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on plan lodged in the Central Plan Office and numbered N.P.W.Z.12 Sch. 5 Pt 13 inserted by No. 40/1992 s. 12, amended by No. 46/1998 s. 7(Sch. 1). PART 13—BUCHAN HEADWATERS WILDERNESS ZONE Sch. 5 All those pieces or parcels of land, containing 300 square kilometres more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on plan lodged in the Central Plan Office and numbered N.P.W.Z.13 Sch. 5 Pt 14 inserted by No. 40/1992 s. 12, amended by No. 46/1998 s. 7(Sch. 1). PART 14—TINGARINGY WILDERNESS ZONE All those pieces or parcels of land, containing 7900 hectares more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on plan lodged in the Central Plan Office and numbered N.P.W.Z.14 Sch. 5 Pt 15 inserted by No. 40/1992 s. 12, amended by No. 46/1998 s. 7(Sch. 1). PART 15—SNOWY RIVER WILDERNESS ZONE All those pieces or parcels of land, containing 270 square kilometres more or less, situate in the Snowy River National Park, being the land shown by diagonal hatching and delineated on plan lodged in the Central Plan Office and numbered N.P.W.Z.15 Sch. 5 Pt 16 inserted by No. 40/1992 s. 12, amended by No. 46/1998 s. 7(Sch. 1). PART 16—BOWEN WILDERNESS ZONE All those pieces or parcels of land, containing 175 square kilometres more or less, situate in the Snowy River National Park, being the land shown by diagonal hatching and delineated on plan lodged in the Central Plan Office and numbered N.P.W.Z.16
Sch. 6 Pt 6 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 6—MAJOR MITCHELL PLATEAU AREA Sch. 6 All those pieces or parcels of land, containing 6900 hectares, more or less, situate in the , being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office and numbered N.P.R.N.A.6. Sch. 6 Pt 7 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 7—BAW BAW PLATEAU AREA All those pieces or parcels of land, containing 6500 hectares, more or less, situate in the , being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office and numbered N.P.R.N.A.7. Sch. 6 Pt 8 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 8—THE GOVERNORS AREA All those pieces or parcels of land, containing 8100 hectares, more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office and numbered N.P.R.N.A.8. Sch. 6 Pt 9 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 9—MACALISTER AREA All those pieces or parcels of land, containing 333 square kilometres, more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office and numbered N.P.R.N.A.9. Sch. 6 Pt 10 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 10—DANDONGADALE AREA All those pieces or parcels of land, containing 3700 hectares, more or less, situate in the Alpine National Park, being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office and numbered N.P.R.N.A.10.