National Parks (Otways and Other
Amendments) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1—PRELIMINARY
Clause 1
sets out the purposes of the Act.
Clause 2
provides for the commencement of the Act.
PART 2—AMENDMENTS TO THE NATIONAL PARKS
ACT 1975
Part 2 contains clauses 3–18, which amend the National Parks Act 1975.
In the explanations to those clauses, "the Act" refers to the National Parks
Act 1975, and a reference to a section or schedule is a reference to a section
or schedule of that Act.
Division 1—General Amendments to the National Parks Act 1975
Clause 3
amends section 3 by inserting definitions of several terms used in
sections 32I–32K and 32M and 32N (see clauses 8 and 9). It also
substitutes a new definition of "designated water supply
catchment area" so that it will apply to specified catchment areas
in the Great Otway National Park as well as in Kinglake and
Yarra Ranges National Parks.
Clause 4
inserts section 29B in relation to leases of specified land at the
Cape Otway lighthouse area after the existing Crown land reserve
is included in the Great Otway National Park. Proposed section
29B(1) enables the Minister to grant a lease over part of the
area for the purposes of recreation and tourism that is consistent
with the conservation of the heritage values of the area.
Proposed sections 29B(3) and (4) continues several existing
leases over land at Cape Otway. Proposed section 29B(5)
clarifies the lessor of one of the leases and deems who the
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Minister referred to in that lease is after the land is incorporated
in the national park.
Clause 5
amends section 30I by inserting a reference to the Great Otway
National Park in the list of parks over which the Minister may
grant a reasonable right of access to a person whose land abuts or
is surrounded by those parks.
Clause 6
repeals section 32 and provisions of section 32B.
Clause 6(1) repeals section 32, which currently establishes the
Secretary's role in relation to the Loch Ard and Cape Otway
public cemeteries. Both cemeteries are closed and will be
included in Port Campbell National Park and the Great Otway
National Park respectively.
Clauses 6(2) and (3) repeal the provisions of section 32B relating
to the granting of a lease of land in Port Campbell National Park
for a surf life saving club. The provisions will be redundant after
the land is excised from the park and reserved under the Crown
Land (Reserves) Act 1978 (see clause 24).
Clause 7
inserts a new heading to section 32H so that it refers to all
designated water supply catchment areas covered by that
definition (i.e. those in the Great Otway National Park as well as
Kinglake and Yarra Ranges National Parks).
Clauses 8 and 9 substitute sections 32I–32K, 32M and 32N. These sections,
which currently apply to the designated water supply catchment
areas of Kinglake and Yarra Ranges National Parks, will now
also apply the designated water supply catchment areas in the
Great Otway National Park.
Clause 8
substitutes sections 32I–32K.
Proposed new section 32I allows the Secretary to enter into
agreements with the specified authorities for the management of
designated water supply catchment areas within Kinglake, Yarra
Ranges and Great Otway National Parks. It also specifies
particular matters which must be included in any agreement and
deems that the managing water authority may determine the
policy for matters relating to the protection of the catchments for
the purposes of water supply, maintenance of water quality and
any necessary restrictions on public access for those purposes.
(See also clause 14—proposed section 62A.)
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Proposed new section 32J requires the Minister to grant a
reasonable right of access to a managing water authority to
enable it to access property within a designated water supply
catchment area which will enable it to exercise its powers and
functions with respect to that property.
Proposed new section 32K enables the managing water authority
to manage and control structures and installations in a designated
water supply catchment area, other than those built or installed by
the Secretary. This establishes a clear basis for the managing
water authority to account for those assets.
Clause 9
substitutes sections 32M and 32N.
Proposed new section 32M establishes a process for resolving
any dispute between the Secretary and the managing water
authority which may arise prior to the entering into an agreement
under section 32I.
Proposed new section 32N allows the Minister to prohibit,
regulate or control access to a part of a designated water supply
catchment area where the Minister considers it necessary to
prevent access to protect the area or its water resources. It is an
offence not to comply with a notice issued under this section.
Any such notice operates for no longer than 12 months.
This enables controls to be applied pending the preparation of
regulations.
Clause 10 inserts sections 32P and 32Q. Together these two sections
establish a process whereby the Great Ocean Road and other
specified arterial roads (see section 32P(5)) may be defined.
The sections will operate until 31 July 2009 to provide sufficient
time for the detailed surveys which are required to be carried out.
Prior to road reserves being created, Schedule 5 clause 3 of the
Road Management Act 2004 will apply to the arterial roads
where they are not already on defined road reserves.
Section 32P provides for land that is currently within road
reserves which is not required for road purposes to be added to
either Port Campbell National Park or the Great Otway National
Park.
Section 32Q provides that land in either of the two national parks
that is to be part of the defined road reserve may be excluded
from those parks.
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Clause 11 amends section 40(1AA) to enable the Minister to consent to the
granting of a work authority under the Extractive Industries
Development Act 1995 over Bambra Road Quarry in the Great
Otway National Park. It also makes a statute law revision to
section 40(6).
Clause 12 repeals section 50E. This is a spent transitional provision relating
to forest produce in Warby Range State Park.
Clause 13 substitutes sections 61–61D for section 61. The current
section 61 is a transitional provision relating to the cessation of
roads which were included in several parks as a result of the
National Parks (Additions and Other Amendments) Act 2004.
Proposed new section 61 contains a definition of the "2005 Act"
for the purpose of Part 9, in particular sections 61A–62A.
Proposed section 61A continues a lease granted under the
Forests Act 1958 over land that is being included in the Great
Otway National Park until the end of its term. The lease may
continue to be dealt with as a lease under that Act.
Proposed section 61B continues grazing and other licences
granted under the Land Act 1958, or the Wildlife Act 1975 until
the end of their terms. A new licence may be granted to apply
until 31 December 2006.
Proposed section 61C provides that the lands coloured green or
brown on the specified plans of Dandenong Ranges National
Park or the Great Otway National Park cease to be reserved
forest. Those areas coloured green will be included in the
national parks, while those coloured brown will be subsequently
proclaimed as roads.
Proposed section 61D provides that the lands coloured yellow or
orange on the specified plans cease to be roads when they are
included in particular parks (section 61D(1)—Dandenong
Ranges, Kinglake, Port Campbell, Great Otway and Yarra
Ranges National Parks; section 61D(2)—Cape Liptrap Coastal
Park).
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Clause 14 substitutes sections 62 and 62A for section 62. The current
section 62 is a spent transitional provision relating to the
cessation of reserved forest arising from the National Parks
(Additions and Other Amendments) Act 2004.
Proposed new section 62 provides that the lands shown hatched
on the plans of Dandenong Ranges National Park (section 62(1)),
Kinglake National Park (section 61(2)), Great Otway National
Park (section 62(3)), Yarra Ranges National Park (section 62(4))
and Warrandyte State Park (section 62(5)) are excluded from
those parks until the relevant titles are surrendered to the Crown.
Proposed section 62A continues a management agreement
between the Secretary and Melbourne Water Corporation in
relation to management of the designated water supply catchment
areas in Kinglake and Yarra Ranges National Parks.
Clause 15 inserts clause 3 in Schedule One A. Clause 3 includes a
statement that the amendments made to the National Parks Act
1975 by the Bill are not intended to affect native title rights or
interests other than where they are affected or are authorised to
be affected by or under the Native Title Act 1993 of the
Commonwealth.
Division 2—Amendments to particular parks
Division 2 contains clauses 16–18, which amend various schedules.
Please note that the new area of each park (in hectares) in the amended
schedules reflects a re-calculation of the area of the whole park.
Clause 16 amends Schedule Two (National Parks) in relation to the
following national parks: Dandenong Ranges (clause 16(1)),
Kinglake (clause 16(2)), Organ Pipes (clause 16(3)), Port
Campbell (clause 16(4)), Great Otway (clause 16(5)) and Yarra
Ranges (clause 16(6)). Otway National Park will be included in
the Great Otway National Park.
Clause 17 amends Schedule Two B (State parks) in relation to the
following State parks: Angahook–Lorne (clause 17(1)), Carlisle
(clause 17(2)), Melba Gully (clause 17(3)) and Warrandyte
(clause 17(4)). Angahook–Lorne (with a small excision),
Carlisle and Melba Gully State parks will be included in the
Great Otway National Park.
Clause 18 amends Schedule Three (Other Parks) by amending the
description of Cape Liptrap Coastal Park to make minor
adjustments regarding roads and an addition.
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PART 3—AMENDMENTS TO OTHER ACTS
Part 3 contains clauses 19–31, which amend the Crown Land (Reserves)
Act 1978, Heritage Rivers Act 1992 and Fisheries Act 1995. In the
explanations to those clauses, "the Act" refers to the relevant Act, and a
reference to a section, Division or Part is a reference to a section, Division or
Part of that Act.
Amendments to the Crown Land (Reserves) Act 1978
Clause 19 amends section 3 by inserting a definition of "Melbourne Water
Corporation" for the purpose of section 29F.
Clause 20 inserts section 29F. This section enables the Minister to enter
into an agreement with Melbourne Water Corporation for the
purposes of controlling and managing various structures and
installations in Beaconsfield Nature Conservation Reserve.
This will enable Melbourne Water to continue to be responsible
for various structures in the reserve.
Clause 21 repeals sections 34 and 36. These sections are spent transitional
provisions relating to the cessation of reserved forest at Deep
Lead Nature Conservation Reserve (No. 1) and Deep Lead
Nature Conservation Reserve (No. 2).
Clause 22 amends sections 44–47 to clarify that the reserves created under
those sections are permanently reserved.
Clause 23 inserts section 47A. This section deems certain areas to be
permanently reserved for public purposes, in particular those
purposes set out in a Division of Part 5 of the Act.
Clause 24 inserts section 48AA. This section contains a definition of the
"2005 Act" for the purpose of proposed sections 48A and
50A–50C.
Clause 25 inserts sections 48A. Proposed section 48A continues the
tenancy over the Port Campbell Surf Lifesaving Club after the
land is excised from Port Campbell National Park and reserved
under the Act.
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Clause 26 inserts section 50A–50C.
Proposed section 50A is a transitional provision relating to the
creation of Beaconsfield and Warrandyte–Kinglake Nature
Conservation Reserves. Proposed section 50A(1) provides that
any existing reservation of, or specified encumbrances, interests
etc in, the reserves cease, any regulations applying to the land are
repealed, and any licence, permit or other authority under
specified Acts are not affected. Proposed section 50A(2)
provides that the land coloured yellow on the plan of
Beaconsfield Nature Conservation Reserve ceases to be roads.
Proposed section 50B provides that the lands shown hatched on
the plans of Beaconsfield and Warrandyte–Kinglake Nature
Conservation Reserves are excluded from those reserves until the
relevant titles are surrendered to the Crown.
Proposed section 50C continues grazing licences over areas
which will be included in the Warrandyte–Kinglake Nature
Conservation Reserve.
Clause 27 amends the Fifth Schedule.
Clause 27(1) inserts descriptions of Warrandyte–Kinglake Nature
Conservation Reserve and Beaconsfield Nature Conservation
Reserve in Part 1.
Clause 27(2) inserts Part 5 which includes the description of two
miscellaneous reserves at Port Campbell. The purposes of those
reserves are also specified.
Amendments to the Heritage Rivers Act 1992
Clause 28 amends Schedule 1 to the Heritage Rivers Act 1992 by
amending the description of the Mitchell and Wonnangatta River
Heritage Area to include part of the area which was added to
Mitchell River National Park in 2002. It also substitutes a
description of the Aire River Heritage Area in accordance with
the recommendations of the Victorian Environmental Assessment
Council's Angahook–Otway Investigation Final Report.
Amendments to the Fisheries Act 1995
Clauses 29–31 amend three sections of the Fisheries Act 1995 to state that
various authorities granted after 7 March 2005 (the date on which
the Government decided to amend the Act) do not authorise
specified activities in any national, wilderness or State park, or
any reference area.
Clause 29 amends section 36 by inserting a new sub-section in relation to
activities under an access licence.
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Clause 30 amends section 43 by inserting a new sub-section in relation to
activities under an aquaculture licence.
Clause 31 amends section 49 by inserting a new sub-section in relation to
specified activities under a general permit.
PART 4—OTWAY FOREST PARK
Part 4 contains clauses 32–38, which amend the Crown Land (Reserves)
Act 1978, the Forests Act 1958 and the Sustainable Forests (Timber) Act
2004 in relation to the Otway Forest Park and related matters.
Division 1—Amendments to the Crown Land (Reserves) Act 1978
In the explanations to clauses 32 and 33, "the Act" refers to the Crown Land
(Reserves) Act 1978, and a reference to a section is a reference to a section
of that Act.
Clause 32 inserts section 18(1B).
Sub-clause (1) provides that the land described in an Order made
under section 42 (see clause 33) is placed under the control and
management of the Secretary for the purpose of section 18A of
the Forests Act 1958. This land will be the Otway Forest Park.
Sub-clause (2) makes a consequential amendment to section
18(2) so that sections 13, 14, 15, 16 and 17 do not apply to that
land.
Clause 33 inserts a new section 42.
Section 42(1) enables the Minister to recommend to the Governor
in Council that any part of the specified land be a forest park on
receiving a plan of the land signed by the Surveyor General and
upon being satisfied that the land shown on the plan represents
land that is to be a forest park.
Section 42(2) enables the Governor in Council, after receiving a
plan as described in section 42(1), to declare the land to be the
Otway Forest Park by Order published in the Government
Gazette.
Section 42(3) deems, upon publication of an Order under section
42(2), the land to be permanently reserved under the Act for
specified purposes. Upon publication of the Order, any
reservations over any area of the land are revoked, any
regulations under section 13 that applied are revoked, any land
coloured yellow on the plan ceases to be a road, part of a road or
road reserve, and the land is freed from all encumbrances,
interests etc. (other than the leases, licences and permits specified
in clause 37, which continue until their expiry).
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Division 2—Amendments to the Forests Act 1958 and the
Sustainable Forests (Timber) Act 2004
In the explanations to clauses 34–38, "the Act" refers to the Forests Act
1958, and a reference to a section is a reference to a section of that Act.
Clause 34 inserts a definition of "Central Plan Office" for the purpose of
section 102 (see clause 37).
Clause 35 amends section 18A of the Act to provide for the management of
the land referred to in section 18A(1).
Clause 35(1) inserts proposed sub-section (1A). This sub-section
requires the Secretary to control, manage and use the Otway
Forest Park for the purposes for which it is reserved.
Clause 35(2) amends section 18A(2) to specify that it applies to
the Otway Forest Park.
Clause 35(3) inserts sub-section (2A) which specifies the
provisions of the Act, the Sustainable Forests (Timber) Act
2004 and the Safety on Public Land Act 2004 which apply to
the Otway Forest Park. It specifies that Part 3 of the Sustainable
Forests (Timber) Act 2004 does not apply, to clarify that the
Otway Forest Park cannot be included in an allocation of timber
in State forests to VicForests.
Clause 35(4) substitutes sub-section (3) in relation to the
application of section 51. It modifies the leasing power in
section 51 so that it authorises the granting of a lease in relation
to the Otway Forest Park for any purpose that is not detrimental
to the purpose for which the land is reserved.
Clause 35(5) inserts sub-sections (3A) and (3B).
Sub-section (3A) prohibits the Secretary granting any licences
under section 52(1)(a)(iv), (v), (vi) or (vii) over the Otway Forest
Park for the purposes of sawlog or pulpwood production.
Sub-section (3B) prohibits the Secretary using his or her powers
under section 21 (1)(a), (b), (c) or (d) in relation to the Otway
Forest Park for the purposes of sawlog or pulpwood production.
Those provisions allow the Secretary to permit the taking or
converting of any timber or other forest produce as specified in
that sub-section, to take and sell any timber or forest produce, to
convert any such timber into logs, sawn timber or merchantable
articles or to sell and to convert any such forest produce into
merchantable articles to sell.
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Clause 36 amends section 62(1A)(d) to specify that the land referred to in
section 18A is deemed to be protected public land for the
purposes of the fire provisions of the Act.
Clause 37 inserts a new heading and sections 101 and 102 in the Act.
Section 101 provides that from the commencement of Part 4 of
the National Parks (Otways and Other Amendments) Act
2005, existing leases under section 51, licences and permits under
section 52, and any lease and licence under the Land Act 1958 or
the Crown Land (Reserves) Act 1978 granted over the Otway
Forest Park in existence immediately before that commencement
continue until their expiry. The licences which continue in
existence until their expiry include the five sawlog and residual
log licences referred to in clause 38.
Section 102 provides for the once only harvesting of pines on
specified lands, being small areas of former Forests Commission
plantations within the Otway Forest Park.
Clause 38 amends Schedule 2 to the Sustainable Forests (Timber) Act
2004 by deleting the five specified licences from that Schedule.
Schedule 2 of the Sustainable Forests (Timber) Act 2004
specifies the licences in the West of the State which are to be
transferred to VicForests for it to manage those licences upon
proclamation of that Schedule and associated provisions of that
Act. The five licences to be deleted are sawlog and residual log
licences from the area to be included in the Otway Forest Park.
Those licences will continue to be managed by the Secretary
under section 52 of the Act until their expiry.
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