3 Definitions (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 commercial fishing equipment inserted by No. 35/2010 s. 3. commercial fishing equipment has the same meaning as in the Fisheries Act 1995; committee means an advisory committee appointed under this Act; Council means the National Parks Advisory Council established under this Act; S. 3(1) def. of designated water supply catchment area inserted by No. 57/1995 s. 4(1), amended by No. 50/2000 s. 4, substituted by No. 60/2005 s. 3(b), amended by No. 90/2009 s. 3(1)(a). designated water supply catchment area means— (a) any water supply catchment area; or (b) the Barwon water supply catchment area; or (c) the Wannon water supply catchment area; S. 3(1) def. of Director amended by Nos 41/1987 s. 116(4), 57/1995 s. 32(1), substituted by No. 66/2000 s. 35(1)(b). Director means the Director of National Parks referred to in section 5; S. 3(1) def. of exploration licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1). exploration licence means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990;
S. 3(2) amended by Nos 9921 s. 255, 41/1987 s. 103(Sch. 4 item 49.2), 12/1989 s. 4(1)(Sch. 2 item 85.1), 44/1989 s. 41(Sch. 2 item 29.1(a) (b)), 81/1989 s. 3(Sch. item 39(a)–(d)) (as amended by No. 25/1991 s. 5(2)(a)), 130/1993 s. 122(Sch. 4 item 10.1), 53/1994 s. 34(Sch. 1 item 6.1), 110/1994 s. 41(Sch. 1 item 7.1), 112/1994 s. 114(Sch. 5 item 6), 31/1995 s. 52(Sch. 1 item 7), 57/1995 s. 4(2), 104/1997 s. 53(1), 76/1998 s. 14, 30/2000 s. 37, 69/2000 s. 61(1), 66/2000 s. 35(2), 6/2010 s. 203(1) (Sch. 6 item 32.1). (2) In this Act a reference to a public authority includes a reference to Government Departments the Roads Corporation the Secretary the Gas Transmission Corporation, GASCOR, Melbourne Water Corporation, SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, Authorities under the Water Act 1989 municipal councils and such other bodies corporate or unincorporate declared by Order of the Governor in Council published in the Government Gazette to be public authorities for the purposes of this Act. Note to s. 3 inserted by No. 62/2010 s. 124(2). Note Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.
4 Objects of Act The objects of this Act are— S. 4(a) amended by Nos 38/1989 s. 18(3)(b), 40/2002 s. 4. (a) to make provision, in respect of national parks, State parks, marine national parks and marine sanctuaries— S. 4(a)(i) amended by No. 40/1992 s. 13. (i) for the preservation and protection of the natural environment including wilderness areas and remote and natural areas in those parks; (ii) for the protection and preservation of indigenous flora and fauna and of features of scenic or archaeological, ecological, geological, historic or other scientific interest in those parks; and (iii) for the study of ecology, geology, botany, zoology and other sciences relating to the conservation of the natural environment in those parks; and S. 4(a)(iv) inserted by No. 37/1989 s. 13. (iv) for the responsible management of the land in those parks; S. 4(aa) inserted by No. 57/1995 s. 5. (aa) to make further provision in respect of designated water supply catchment areas in national parks— (i) for the protection of those areas; and (ii) for the maintenance of the water quality and otherwise for the protection of the water resources in those areas; and (iii) for the restriction of human activity in those areas for the purposes of subparagraphs (i) and (ii);
S. 19(2) amended by Nos 44/1986 s. 6(i)(ii), 38/1989 s. 7, repealed by No. 45/2013 s. 4. * * * * * S. 19(2A) inserted by No. 9114 s. 6, re-numbered as s. 19(3) by No. 9570 s. 4(a), repealed by No. 45/2013 s. 4. * * * * * S. 19(4) Inserted by No. 9570 s. 4(b), amended by No. 10073 s. 5(a)(b). (4) Where land has been purchased or acquired (or possession of land has been taken under a contract for the purchase of land) under section 5 of the Crown Land (Reserves) Act 1978 for the purposes of a park or any purpose mentioned in section 5(2) of that Act the Minister notwithstanding the provisions of section 5(7) of that Act— (a) may enter into an agreement for the occupation of the land by the vendor of the land or his nominee subject to such terms and conditions as the Minister thinks fit; (b) may grant a tenancy of or a permit to manage or occupy a building or facility on the land at such rent, charge or fee for such period not exceeding seven years and subject to such terms and conditions as he thinks fit; and S. 19(4)(c) amended by No. 10073 s. 5(c). (c) may grant a licence in respect of the land for such fees and other charges and for such period not exceeding seven years and subject to such terms and conditions as he thinks fit for any purpose or any purpose of a like nature to a purpose for which the land was
(4) For the purposes of subsection (3)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park (including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence. 20 Powers of Secretary S. 20(1) amended by No. 70/1998 s. 14(Sch. item 13). (1) The Secretary may, subject to this Act, do all things necessary or desirable to achieve the objects of this Act and in particular— (a) may initiate or investigate proposals for or in relation to the acquisition of land to be added to and form part of a park or to be established as a park; (b) may, subject to subsection (2), promote research study or investigation of matters that relate to the objects of this Act; and S. 20(1)(c) substituted by Nos 9861 s. 3(1), 31/1994 s. 3(Sch. 1 item 45.1). (c) may with the approval of the Minister authorise the payment from money available for that purpose for or in connection with research, study or investigation promoted under paragraph (b). S. 20(2) amended by No. 70/1998 s. 14(Sch. item 13). (2) Where the Secretary promotes research study or investigation under subsection (1), the Secretary shall require a person who has agreed to undertake the research study or investigation to make to the Secretary such reports on the progress and results of the research study or investigation as the Secretary determines and to carry on the research study or investigation subject to and in accordance with such other terms and conditions as he determines. Cf. No. 8083 s. 7. 21 Secretary may grant certain permits etc.
S. 21A inserted by No. 9114 s. 21, substituted by No. 9247 s. 15, amended by Nos 10073 s. 6, 10166 s. 12(a)(b), 41/1987 s. 103(Sch. 4 item 49.5), 38/1989 s. 35(b), 38/1995 s. 21(c), 76/1998 s. 14, repealed by No. 70/1998 s. 8, new s. 21A inserted by No. 40/2002 s. 7. 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 subsection (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. 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. S. 21B inserted by No. 40/1992 s. 14. 21B Remote and natural areas Each area of land described in a Part of Schedule Six is, for the purposes of this Act, a remote and natural area under the name specified in that Part. S. 21C inserted by No. 40/1992 s. 14. 21C Protection of remote and natural areas S. 21C(1) amended by No. 70/1998 s. 14(Sch. item 15). (1) The Secretary must ensure that each remote and natural area is controlled and managed in accordance with the objects of this Act in a manner that will protect and preserve the natural environment of the area, including indigenous flora and fauna and features of ecological,
S. 25B inserted by No. 9247 s. 9, amended by Nos 9570 s. 12, 10166 s. 13, 7/1987 s. 5, 41/1987 s. 103(Sch. 4 items 49.7, 49.8), 7/1988 s. 5, 37/1989 s. 4, 38/1989 s. 18(3)(e), 7/1997 s. 4, 70/1998 s. 14(Sch. items 19–21), 76/1998 s. 14, 50/2002 s. 5, 48/2004 s. 136, substituted by No. 64/2004 s. 6. 25B Harvesting of a pine plantation in Where the harvesting of a pine plantation is authorised by Part 7 of Schedule Two, the Secretary, with the consent of the Minister, may grant a licence to any person to take, sell or otherwise dispose of any such pine plantation, subject to such covenants, terms and conditions as are prescribed and subject to the payment of such rent, fees, royalties or charges as the Secretary determines. S. 26 amended by No. 38/1989 s. 18(3)(f). 26 Special provisions for certain parks Where the Minister so directs in respect of the park described in Part 2 of Schedule Two B or a park described in Schedule Three in which particular projects or studies are being undertaken— S. 26(a) substituted by No. 9861 s. 3(1), amended by No. 31/1994 s. 3(Sch. 1 item 45.2). (a) moneys available for the purposes of this section may be expended, in accordance with the direction, in the purchase or provision of livestock, trees, plants or goods to be used for or in connexion with the carrying on of those projects or studies; and (b) there may be sold or otherwise disposed of, in accordance with the direction, produce from the park or from livestock in the park. S. 26A inserted by No. 9114 s. 10, amended by No. 38/1989 s. 18(3)(g). 26A Tenancies or licences for certain purposes The Minister may by agreement in writing grant to a person a tenancy of or licence in respect of land in a park described in Schedule Two B or Schedule Three for a period not exceeding seven years for such rent fees and other charges and
subject to such terms conditions and covenants as the Minister determines and which is or are specified in the agreement for any specified purpose— (a) being a purpose or a purpose of a like nature to a purpose for which the land was being used at the time it became Crown land or for which it was being used at the time the land became a park or part of a park under this Act; and (b) being a purpose consistent with— S. 26A(b)(i) amended by No. 9427 s. 6(1)(Sch. 5 item 118). (i) any trust conditions covenants or other restrictions as to use thereof affecting the land or any part thereof; (ii) the objects of this Act in relation to the land or any part thereof; and (iii) any notice which has been given pursuant to section 10(3) of the Land Conservation Act 1970 relating to the land or any part thereof. Cf. No. 8083 s. 15. 27 Rights of public authorities in respect of parks S. 27(1) amended by No. 70/1998 s. 14(Sch. item 22). (1) Subject to this Act and the regulations, a public authority may, where it has obtained the consent of the Secretary, perform its functions and exercise its powers in and in relation to a park in accordance with the conditions (if any) to which the consent is subject. S. 27(2) amended by No. 70/1998 s. 14(Sch. item 22). (2) The Secretary may not give consent to the performance of functions or exercise of powers by a public authority where the Minister considers that the performance of functions or exercise of powers may substantially affect a park unless the
(c) provision has been made (in the lessee or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and (d) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land. S. 30AA(5) inserted by No. 48/1996 s. 33(2). (5) The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease. S. 30AA(6) inserted by No. 55/1997 s. 30(1), amended by No. 69/2000 s. 61(4). (6) In this section, generation company has the same meaning as in the Electricity Industry Act 2000. S. 30AB inserted by No. 79/1995 s. 33. 30AB Agreement with a generation company—Alpine National Park S. 30AB(1) amended by No. 48/1996 s. 34(1)(a)(b). (1) The Minister may enter into an agreement with a generation company to— (a) manage and control; or (b) carry out duties functions and powers related to the generation of electricity for the purposes of supply or sale in— any area of the park described in Part 37 of Schedule Two which is used for the purposes of or in connection with the generation of electricity for supply or sale.
No. 8083 s. 14. S. 32 amended by Nos 10073 s. 7, 70/1998 s. 14(Sch. item 23), substituted by No. 80/2003 s. 182, repealed by No. 60/2005 s. 6(1). * * * * * 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). (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
(b) to maintain the water quality of and otherwise protect the water resources in the area; and (c) to restrict human activity for the purposes of giving effect to paragraphs (a) and (b). S. 32J inserted by No. 57/1995 s. 9, substituted by No. 60/2005 s. 8. 32J Access to property in designated water supply catchment areas The Minister must grant to the managing water authority for a designated water supply catchment area that reasonable right of access to property within the area that is owned, controlled or managed by the managing water authority that will, in the Minister's opinion, allow the managing water authority to exercise its powers and functions with respect to that property. S. 32K inserted by No. 57/1995 s. 9, amended by No. 70/1998 s. 14(Sch. item 30), substituted by No. 60/2005 s. 8. 32K Control and management of structures and installations in designated water supply catchment areas (1) The managing water authority for a designated water supply catchment area may manage and control any structures and installations (other than those built or installed by the Secretary) in the area. (2) For the purposes of giving effect to subsection (1), the managing water authority may operate, repair, replace, maintain, remove, connect, disconnect or do any other thing necessary to manage or control a structure or installation. (3) In this section structures and installations includes, but is not limited to, dam walls, reservoirs, weirs, tunnels, roads, tracks, buildings, towers and fences. S. 32L inserted by No. 57/1995 s. 9. 32L Extraction of forest produce from and National Park
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). (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(2) substituted by No. 40/1992 s. 17, amended by Nos 96/1998 s. 257(4) (a)–(c), 7/2005 s. 171, 61/2008 s. 320. (2) Despite anything in the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008 or the Petroleum Act 1998 or any authority granted under either of those Acts, operations under such an authority must not be carried out— (a) in a wilderness park or a wilderness zone; or S. 40(2)(b) substituted by No. 40/2002 s. 11(2). (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 (ii) with the consent of the Minister and subject to any terms and conditions that the Minister thinks fit to impose; or S. 40(2)(c) inserted by No. 40/2002 s. 11(2). (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. S. 40(3) amended by Nos 9936 s. 108(c), 50/2002 s. 10(2). (3) A consent shall not be given by the Minister for the purposes of subsection (1), (1A), (1C), (1G) or (2) unless the advice of the National Parks Advisory Council has been first obtained. (4) If any person is aggrieved by any refusal by the Minister to give consent under this section or by any terms or conditions imposed pursuant to this section he may in writing to the Minister appeal to the Governor in Council whose decision shall be final.
(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 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 S. 40A(b) amended by No. 10/2010 s. 800(Sch. 6 item 9.2(c)). (b) any other operations that are authorised by the lease, licence, permit or other authority are not carried out in the park or sanctuary. S. 40B inserted by No. 40/2002 s. 12. 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. S. 40B(2) amended by No. 10/2010 s. 800(Sch. 6 item 9.3). (2) A pipeline licence must not be granted under the Offshore Petroleum and Greenhouse Gas Storage Act 2010— (a) in respect of any part of a marine sanctuary; or
No. 8083 ss 9, 10. S. 41 amended by Nos 9570 s. 10(a)(i)(ii)(b) (as amended by No. 9902 s. 2(1)(Sch. item 187))(c), 10166 s. 18, substituted by No. 89/1994 s. 39(a), amended by No. 70/1998 s. 14(Sch. item 38). 41 Impounding of livestock The Impounding of Livestock Act 1994 applies to livestock trespassing— (a) in a park; or S. 41(b) amended by No. 70/1998 s. 14(Sch. item 38). (b) on land managed by the Secretary under sections 19AA or 19E; or (c) on land managed pursuant to an agreement under sections 19A, 19C or 19D; or S. 41(d) amended by No. 70/1998 s. 14(Sch. item 39). (d) on land placed under the Secretary's control and management pursuant to section 18(1) of the (Reserves) Act 1978— as if the Secretary, authorised officer or person authorised in writing by the Secretary to impound livestock were an authorised officer within the meaning of that Act in relation to that park or land. S. 41A inserted by No. 10073 s. 9. 41A Land included in a park no longer reserved or affected by proclamation or Order Notwithstanding anything to the contrary in any other Act or enactment, upon any land becoming, or becoming included in, a park pursuant to this Act (whether before or after the commencement of this section) all Orders and proclamations under the Land Act 1958 or under the Crown Land
S. 44(3)(4) inserted by No. 40/2002 s. 14, repealed by No. 64/2004 s. 15. * * * * * S. 44A inserted by No. 46/2012 s. 22. 44A Offence to cut or take away fallen or felled trees (1) A person must not, in a park, cut or take away 2 cubic metres or less of fallen or felled trees. Penalty: 20 penalty units. (2) A person must not, in a park, cut or take away more than 2 cubic metres of fallen or felled trees. Penalty: 50 penalty units or imprisonment for 1 year or both. (3) Subsections (1) and (2) do not apply to a person who— (a) cuts or takes away fallen or felled trees in a park in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or (b) cuts or takes away fallen or felled trees in a park in accordance with the regulations or regulations under any other Act. (4) In this section— fallen or felled trees includes parts of fallen or felled trees; tree or trees has the same meaning as in section 3(1) of the Forests Act 1958. S. 44B inserted by No. 53/2014 s. 13. 44B Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas (1) A person must not—
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(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 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
structure facility or thing in the park caused by the commission of the offence. S. 47B inserted by No. 10073 s. 12, amended by No. 57/1995 s. 42(4). 47B General penalty provision A person who commits an offence against this Act for which no penalty is expressly imposed shall be liable to a penalty of not more than 20 penalty units. S. 47C inserted by No. 10073 s. 12. 47C Expiation of prescribed offence by payment of fee S. 47C(1) amended by No. 70/1998 s. 14(Sch. item 41). (1) If it is reported to the Secretary that a person is alleged to have committed an offence to which this section applies, the Secretary may, if he sees fit, give written notice to the person that such a report has been made and that upon payment to the Minister of the fee stated in the notice (which fee shall not be more than twenty dollars) the person may expiate the alleged offence. (2) Where a person receives a notice under subsection (1) and pays to the Minister the fee stated in the notice, no proceeding may be brought in any court for the prosecution of the person for the alleged offence stated in the notice or for the recovery of a penalty in respect of that offence. (3) This section applies to any offence against this Act or the regulations which is prescribed by the regulations to be an offence to which this section applies. S. 47D inserted by No. 37/1989 s. 9. 47D Management plan to be tabled
(b) may be subject to specified conditions. S. 48A inserted by No. 40/2002 s. 19. 48A Native title not affected by amendments (1) The amendments made to this Act by the National Parks ( and Marine Sanctuaries) Act 2002 are not intended to affect native title rights and interests. S. 48A(2) substituted by No. 97/2003 s. 8. (2) The amendments made to this Act by the Forests and National Parks Acts (Amendment) Act 2003 are not intended to affect native title rights and interests. S. 48A(2A) inserted by No. 97/2003 s. 8. (2A) Subsections (1) and (2) do not apply in any case where native title rights and interests are— (a) affected; or (b) authorised to be affected— by or under the Native Title Act 1993 of the Commonwealth. (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. S. 48B inserted by No. 82/2009 s. 13. 48B Describing lands in notice Without limiting the use of any other means to describe land, a notice under this Act may describe land by reference to a plan lodged in the Central Plan Office. _______________
S. 77 inserted by No. 40/2009 s. 40 (as amended by No. 35/2010 s. 24(Sch. 6 item 1)). 77 Tour operator licences (1) A person who conducts an organised tour or recreational activity for profit in a park without a tour operator licence on or after the commencement of section 37 of the 2009 Act, is not guilty of an offence under section 27C if the person applies for a tour operator licence within 4 months from the commencement of section 37 of the 2009 Act. (2) Subsection (1) applies to a person referred to under that subsection who makes the tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined. __________________ Section 2. SCHEDULE ONE Number of Act Title of Act Extent of Repeal 8083 National Parks Act 1970 The whole 8210 National Parks (Amendment) Act 1971 The whole 8353 Railways (Amendment) Act 1972 Item in Schedule relating to National Parks Act 1970 __________________ Sch. 1AAA inserted by No. 90/2009 s. 11. SCHEDULE ONE AAA PART 1—PRELIMINARY
authorised to be affected by or under the Native Title Act 1993 of the Commonwealth. Sch. 1A cl. 4 inserted by No. 54/2008 s. 9. 4 Native Title not affected by the National Parks and (Reserves) Acts Amendment Act 2008 (1) The amendments made to this Act by the National Parks and (Reserves) Acts Amendment Act 2008 are not intended to affect native title rights and interests. (2) Subclause (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. Sch. 1A cl. 5 inserted by No. 48/2009 s. 6. 5 Native Title not affected by the National Parks Amendment (Point Nepean) Act 2009 (1) The amendments made to this Act by the National Parks Amendment (Point Nepean) Act 2009 are not intended to affect native title rights and interests. (2) Subclause (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. Sch. 1A cl. 6 inserted by No. 82/2009 s. 17. 6 Native title not affected by the Parks and Legislation Amendment (River Red Gums) Act 2009 (1) The amendments made to this Act by the Parks and Legislation Amendment (River Red Gums) Act 2009 are not intended to affect native title rights and interests. (2) Subclause (1) does not apply in any case where native title rights and interests are affected or are
Section 17 SCHEDULE TWO Sch. 2 Pt 1 substituted by No. 24/1988 s. 5(a), amended by No. 46/1998 s. 7(Sch. 1). PART 1—ALFRED NATIONAL PARK 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). 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—TARRA-BULGA NATIONAL PARK 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. 2 Pt 4 repealed by No. 9247 s. 3(1), new Sch. 2 Pt 4 inserted by No. 7/1988 s. 4(1), amended by Nos 38/1989 s. 27(2)(a)–(c) (3)(a)(b), 43/1990 s. 13(2)(a)–(c), 57/1995 s. 29(2)(Sch. 3 Pt A(b)(i)–(iv)), 46/1998 s. 7(Sch. 1), 40/2002 s. 21(1)(a)(b), substituted by No. 43/2005 s. 6(1), amended by Nos 57/2006 s. 13(1), 7/2012 s. 16(1). PART 4—MORNINGTON PENINSULA NATIONAL PARK All those pieces or parcels of land containing 2680 hectares, more or less, situate in the Parishes of Fingal, Flinders, Nepean and Wannaeue, County of Mornington, being the land delineated by solid and dashed lines and coloured pink in the plan lodged in the Central Plan Office and numbered N.P. 20A/14. Sch. 2 Pt 5 amended by Nos 57/1995 s. 29(2)(Sch. 3 Pt A(c)(i)(ii)), 46/1998 s. 7(Sch. 1). PART 5—CHURCHILL NATIONAL PARK All those pieces or parcels of land containing 271 hectares, more or less, situate in the Parish of Narree Worran, County of Mornington, being the land delineated and coloured red in a plan prepared by the Surveyor-General lodged in the Central Plan Office and numbered N.P. 3/1.
excluded in a plan lodged in the Central Plan Office and numbered N.P. 82. Sch. 2B Pt 10 inserted by No. 38/1989 s. 28, repealed by No. 7/1997 s. 17(5)(a). * * * * * Sch. 2B Pt 11 inserted by No. 38/1989 s. 28, repealed by No. 7/1997 s. 17(5)(b). * * * * * Sch. 2B Pt 12 inserted by No. 38/1989 s. 28, amended by Nos 57/1995 s. 29(3)(Sch. 3 Pt A(b)(i)(ii)), 7/1997 s. 17(6)(a)–(e), 46/1998 s. 7(Sch. 1), 54/2008 s. 11(1). PART 12—HOLEY PLAINS STATE PARK All those pieces or parcels of land containing 10 740 hectares, more or less, situate in the Parishes of Coolungoolun, Holey Plains and Rosedale, County of Buln Buln, being the land delineated and coloured pink in a plan lodged in the Central Plan Office and numbered N.P. 33/4. Sch. 2B Pt 13 inserted by No. 38/1989 s. 28, amended by Nos 2/1991 s. 6(1)(a)–(d), 7/1997 s. 17(7) (a)–(d), 46/1998 s. 7(Sch. 1), 70/1998 s. 12(3)(a)(b), 50/2000 s. 10(a)(b), repealed by No. 50/2002 s. 13(1). * * * * *
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 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. 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—CASTLEMAINE DIGGINGS NATIONAL HERITAGE PARK 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 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 WILDERNESS
Sch. 6 Pt 2 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 2—HOPPING MOUSE HILL AREA All those pieces or parcels of land, containing 321 square kilometres, 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.2. Sch. 6 Pt 3 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 3—LITTLE DESERT AREA All those pieces or parcels of land, containing 164 square kilometres, more or less, situate in the Little Desert 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.3. Sch. 6 Pt 4 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 4—VICTORIA RANGE AREA All those pieces or parcels of land, containing 140 square kilometres, 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.4. Sch. 6 Pt 5 inserted by No. 40/1992 s. 15, amended by No. 46/1998 s. 7(Sch. 1). PART 5—SERRA RANGE AREA All those pieces or parcels of land, containing 112 square kilometres, 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.5. 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 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.