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Parks and Crown Land Legislation Amendment Act 2013

No. 79 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—REVOCATION OF RESERVATIONS 3

3 Revocation of reservation—Ballarat West 34 Revocation of reservation—Bendigo Hospital—Lucan Street

site 55 Revocation of Crown grant—Bendigo Hospital—Anne

Caudle Campus site 66 Revocation of reservations and Crown grant does not affect

certain rights 77 Revocation of reservation—Werribee State Research Farm 88 Revocation of reservation—Psyche Bend 119 Revocation of reservation—Mysia 1110 Revocation of reservation—Yarrawalla 1211 Revocation of reservation and Crown grant—Ninyeunook 1212 Consequences of revocation 1213 Registrar of Titles to make amendments necessary 13

PART 3—AMENDMENT OF CROWN LAND (RESERVES) ACT 1978 14

14 Definitions 1415 Regulations 14

PART 4—AMENDMENT OF NATIONAL PARKS ACT 1975 15

16 Definitions 1517 National Parks Advisory Council 1518 Leases and licences—Point Nepean National Park 1519 Section 43 substituted 15

43 Trades and businesses not to be carried on in parks unless authorised 15

1

20 New clause 9 inserted into Schedule One A 189 Native Title not affected by the Parks and Crown

Land Legislation Amendment Act 2013 1821 Definitions—Schedule One AA 1822 New Part 5 inserted into Schedule One AA 19

PART 5—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2013 19

18 Rights to cease—roads 1919 Rights to cease—roads—Mitchell River National

Park and adjacent area 1920 Gippsland Lakes Coastal Park—certain hatched land 20

23 Schedule Two amended 2024 Part 17 of Schedule Two substituted 2225 Part 8 of Schedule Two amended—Mitchell River National

Park 2226 Part 2 of Schedule Two B amended—Arthurs Seat State Park 2327 Part 39 of Schedule Two B amended—Lake Tyers State Park 2328 Part 6 of Schedule Three amended—Gippsland Lakes Coastal

Park 2329 Part 15 of Schedule Three amended—Cape Liptrap Coastal

Park 2430 Schedule Four amended 24

PART 5—AMENDMENT OF OTHER ACTS AND REPEAL OF AMENDING ACT 25

Division 1—Carlton (Recreation Ground) Land Act 1966 25

31 Definition 2532 Corporation may grant leases of land described in Schedule 1 2533 Corporation may make advances out of municipal fund 2634 Section 5 repealed 2635 Schedules 1 and 2 repealed 26

Division 2—Land (Miscellaneous Matters) Act 1988 26

36 Section 3 repealed 2637 Land deemed to be unalienated land of the Crown 2638 Schedule 1 repealed 27

Division 3—Land (Reservations and other Matters) Act 1997 27

39 Sections 19 and 20 repealed 2740 Leases to continue despite revocation of reservations 2741 Item 18 of Schedule 1 and Schedule 11 repealed 27

Division 4—Shrine of Remembrance Act 1978 28

42 Trustees 28

43 Proceedings of trustees 28

Division 5—Water Industry Act 1994 29

44 Power to make and levy rates 29

Division 6—Repeal of provisions of amending Act 32

45 Repeal of provisions of amending Act 32__________________

SCHEDULE—Land Descriptions 33

Item 1 Ballarat West 33Item 2 Bendigo Hospital—Lucan Street site 33Item 3 Werribee State Research Farm 34Item 4 Werribee State Research Farm—temporary reservation 34Item 5 Psyche Bend 34Item 6 Mysia 35Item 7 Yarrawalla 35Item 8 Ninyeunook 36

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ENDNOTES 37

Parks and Crown Land Legislation Amendment Act 2013†

No. 79 of 2013

[Assented to 17 December 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The purposes of this Act are—

(a) to provide for the revocation of several permanent Crown land reservations and Crown grants; and

(b) to amend the Crown Land (Reserves) Act 1978 to streamline the regulation making powers in that Act; and

Victoria

1

(c) to amend the National Parks Act 1975 to alter the boundaries of several parks and amend certain offence provisions; and

(d) to amend the Carlton (Recreation Ground) Land Act 1966 to alter the boundary of the land subject to that Act; and

(e) to amend the Shrine of Remembrance Act 1978 to provide for the Minister to appoint a trustee as deputy chairperson; and

(f) to amend the Water Industry Act 1994 in relation to the metropolitan rate; and

(g) to make other minor miscellaneous amendments to various Acts.

2 Commencement

(1) This Act, except sections 25, 27 and 28, comes into operation on the day after the day on which this Act receives the Royal Assent.

(2) Sections 25, 27 and 28 come into operation on a day or days to be proclaimed.

__________________

s. 2 Section Page

2

PART 2—REVOCATION OF RESERVATIONS

3 Revocation of reservation—Ballarat West

(1) The Minister administering the Crown Land (Reserves) Act 1978—

(a) on receiving a plan of survey signed by the Surveyor-General of all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes; and

(b) on being satisfied that the land described in the plan of survey relates to no land other than all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes—

may recommend to the Governor in Council—

(c) that the Order in Council specified in item 1 of the Schedule be revoked to the extent that it applies to the land shown in the plan of survey; and

(d) that the land shown in the plan of survey be reserved for public purposes under section 4(1) of that Act.

(2) The Governor in Council may make the Order recommended under subsection (1).

(3) An Order made under subsection (2) must—

(a) include a copy of the plan of survey of the land to which the Order applies; and

(b) be published in the Government Gazette.

(4) Subject to subsection (5), on the publication in the Government Gazette of an Order made under subsection (2)—

s. 3

Parks and Crown Land Legislation Amendment Act 2013No. 79 of 2013

3

(a) the Order in Council specified in item 1 of the Schedule is revoked to the extent that it applies to the land shown in the plan of survey; and

(b) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(c) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(d) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

(5) On the revocation under subsection (4) of the Order in Council specified in item 1 of the Schedule reserving land—

(a) that land is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

(b) the Ballarat City Council is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

(6) Nothing in this section affects—

(a) the licence to occupy part of the land described in item 1 of the Schedule, in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies, granted to VicRoads on 27 March 2013 under section 17B of the Crown Land (Reserves) Act 1978 by the

s. 3


4

City of Ballarat and the Department of Sustainability and Environment; or

(b) any other lease or licence under the Crown Land (Reserves) Act 1978 over any part of the land described in item 1 of the Schedule in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies.

4 Revocation of reservation—Bendigo Hospital—Lucan Street site

(1) The Order in Council specified in item 2 of the Schedule is revoked.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—

(a) that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

(3) On the revocation by subsection (1) of the Order in Council reserving land—

(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister

s. 4


5

administering the Health Services Act 1988; and

(b) the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

5 Revocation of Crown grant—Bendigo Hospital—Anne Caudle Campus site

(1) Crown grant Volume 10090 Folio 329 is revoked.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Crown grant over land—


(b) the appointment of any trustee of that land is revoked to the extent that the appointment relates to that land.

(3) On the revocation by subsection (1) of the Crown grant over land—

(a) that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister administering the Health Services Act 1988; and

(b) the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

s. 5


6

6 Revocation of reservations and Crown grant does not affect certain rights

(1) Nothing in section 4 or 5 affects—

(a) the licence dated 28 May 2013 (known as Construction Licence (Stage 1 Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

(b) the licence dated 28 May 2013 (known as Construction Licence (DCA Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

(c) the licence between Bendigo Health Care Group and Peter MacCallum Cancer Institute (ABN 42 100 504 883) approved by the Minister of Health on 8 October 2013, as in

s. 6


7

force immediately before the commencement of this section; or

(d) the licence between Bendigo Health Care Group and Clinical Laboratories Pty Ltd trading as Healthscope Pathology (ABN 62 006 823 089) approved by the Minister of Health on 24 October 2013, as in force immediately before the commencement of this section.

(2) In this section—

Bendigo Health Care Group means the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group.

7 Revocation of reservation—Werribee State Research Farm

(1) The Order in Council specified in item 3 of the Schedule is revoked to the extent that it is in force immediately before the commencement of this section.

(2) Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—


(b) the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

(c) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

s. 7


8

(3) On the revocation by subsection (1) of the Order in Council reserving land—

(a) the part of that land described in item 4 of the Schedule is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

(b) that land, other than the part described in paragraph (a), is unreserved Crown land.

(4) On the revocation by subsection (1) of the Order in Council reserving land, the Primary Industries Committee of Management Incorporated (ABN 74 262 813 670) is taken to be the committee of management of the land referred to in subsection (3)(a) appointed under section 14 of the Crown Land (Reserves) Act 1978.

(5) Nothing in this section affects—

(a) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2016; or

(b) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2032; or

s. 7


9

(c) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with St Vincent's Hospital (Melbourne) Ltd (ABN 22 052 110 755), commencing on 30 November 2009; or

(d) the licence, in force immediately before the commencement of this section, granted by the Primary Industries Committee of Management Incorporated to Animal Reproductive Technical Services (ABN 87 081 807 785), commencing on 1 June 2013; or

(e) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Secretary to the Department of Agriculture, Energy and Minerals with the Director of the Prince Henry's Institute of Medical Research (ABN 48 132 025 024), commencing on 1 January 1995 and expiring on 31 December 2015; or

(f) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with Monash University (ABN 12 377 614 012), commencing on 1 July 2010; or

(g) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Planning with Incitec Pivot Ltd (ABN 42 004 080 264), commencing on 1 July 2003 and expiring on 30 June 2053; or

s. 7


10

(h) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Environment and Conservation with the Commonwealth Scientific and Industrial Research Organisation (ABN 41 687 119 230), commencing on 1 October 2000 and expiring on 30 September 2050; or

(i) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with City West Water Ltd (ABN 70 066 902 467), commencing on 5 December 2008 and expiring on 4 December 2013; or

(j) the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by Primary Industries Committee of Management Incorporated with Eureka! AgResearch (Vic) Pty Ltd (ABN 25 101 047 723), commencing on 1 November 2009.

8 Revocation of reservation—Psyche Bend


(2) On the revocation by subsection (1) of the Order in Council reserving land, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

9 Revocation of reservation—Mysia


s. 8


11


10 Revocation of reservation—Yarrawalla



(3) Nothing in this section affects the licence granted under section 130 of the Land Act 1958 to Roy and Dorothy Hazel Hampson in existence immediately before the revocation of the Order in Council by subsection (1).

11 Revocation of reservation and Crown grant—Ninyeunook


(2) Crown grant Volume 2283 Folio 520 is revoked.

(3) On the revocation by this section of the Order in Council reserving land and Crown grant Volume 2283 Folio 520, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

12 Consequences of revocation

On the revocation by section 8, 9, 10 or 11 of an Order in Council reserving land—

s. 10


12

(a) the appointment of any committee of management of the relevant land is revoked to the extent that it relates to that land; and

(b) any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the relevant land.

13 Registrar of Titles to make amendments necessary

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.

__________________

s. 13


13

PART 3—AMENDMENT OF CROWN LAND (RESERVES) ACT 1978

14 Definitionss. 14

See:Act No.9212/1978.Reprint No. 10as at1 July 2011and amendingAct Nos64/2004, 65/2010, 7/2012, 17/2012, 46/2012 and 31/2013.LawToday:www.legislation.vic.gov.au

In the definition of Central Plan Office in section 3 of the Crown Land (Reserves) Act 1978, for "Sustainability and Environment" substitute "Transport, Planning and Local Infrastructure".

15 Regulations

(1) For paragraph (xii) of section 13(1) of the Crown Land (Reserves) Act 1978 substitute—

"(xii) extending or applying regulations made under this subsection in respect of any land referred to in paragraph (b) to any other land referred to in that paragraph.".

(2) After section 13(1) of the Crown Land (Reserves) Act 1978 insert—


14

"(1A) Regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may apply to one or more areas of land reserved under section 4.".

__________________


15

PART 4—AMENDMENT OF NATIONAL PARKS ACT 1975

16 Definitionss. 16

See:Act No.8702.Reprint No. 14as at14 November 2012and amendingAct Nos17/2013 and 45/2013.LawToday:www.legislation.vic.gov.au

In section 3(1) of the National Parks Act 1975—

(a) in the definition of Barwon water supply catchment area, for "N.P. 111E/1" substitute "N.P. 111E/3";

(b) in the definition of Central Plan Office, for "Sustainability and Environment" substitute "Transport, Planning and Local Infrastructure";

(c) in paragraph (b) of the definition of Melbourne water supply catchment area, for "N.P. 102A/2" substitute "N.P. 102A/3";

(d) in the definition of Wannon water supply catchment area, for "N.P. 111H/3" substitute "N.P. 111H/4".

17 National Parks Advisory Council

In section 10(5) of the National Parks Act 1975 omit "of the Department of Sustainability and Environment".

18 Leases and licences—Point Nepean National Park

In sections 30AAA(1), 30AAB(1) and 30AAC(1) of the National Parks Act 1975, for "N.P. 110/1" substitute "N.P. 110/2".


16

19 Section 43 substituted

For section 43 of the National Parks Act 1975 substitute—

"43 Trades and businesses not to be carried on in parks unless authorised

(1) A person must not, in a park, carry on a trade or business, including a trade or business authorised, permitted or licensed under any other Act or law, unless the trade or business—

(a) is being carried out under and in accordance with a licence, permit, tenancy, agreement or any other authority granted, made or given under this Act; or

(b) is authorised under subsection (2).

Penalty: 60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2) For the purposes of subsection (1)(b), the following trades or businesses are authorised—

(a) a trade or business carried out in accordance with—

(i) an access licence within the meaning of the Fisheries Act 1995 granted in respect of the carrying out of an activity in a park described in Part 1, 2, 4, 5 or 7 of Schedule Four; or

(ii) an access licence within the meaning of the Fisheries Act 1995 that is not subject to a

s. 19


17

restriction specified in section 38(1A) of that Act or that is not an access licence referred to in section 38(1B) of that Act; or

(iii) an aquaculture licence within the meaning of the Fisheries Act 1995 that is not subject to a restriction specified in section 43(1AA) of that Act; or

(iv) a general permit issued under section 49 of the Fisheries Act 1995 in respect of the carrying out of an activity in a park described in Part 1, 2, 4, 5 or 7 of Schedule Four; or

(v) a general permit issued under section 49 of the Fisheries Act 1995 that is not subject to a restriction specified in section 49(2A) of that Act; or

(vi) a statutory fishing right within the meaning of the Fisheries Management Act 1991 of the Commonwealth in a park described in Part 1, 2 or 7 of Schedule Four;

(b) a trade or business carried out in accordance with a licence, permit or other authority granted under the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 in the park described in Part 8 of Schedule Four.

s. 19


18

(3) In this section, trade or business does not include a trade or business to which Division 3A of Part III applies.

Note

See also section 45A which includes offences relating to marine national parks and marine sanctuaries and section 27C which includes an offence relating to an organised tour or recreational activity conducted for profit in a park.".

20 New clause 9 inserted into Schedule One A

After clause 8 of Schedule One A to the National Parks Act 1975 insert—

"9 Native Title not affected by the Parks and Crown Land Legislation Amendment Act 2013

(1) The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2013 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.".

21 Definitions—Schedule One AA

In clause 1 of Schedule One AA to the National Parks Act 1975 insert the following definitions—

"2013 Act means the Parks and Crown Land Legislation Amendment Act 2013;

2013 Act park commencement, in relation to an area of land described in a Part in a Schedule to this Act, the description of which is inserted, substituted or amended by a provision of the 2013 Act, means the

s. 20


19

commencement of the provision of the 2013 Act that so inserts, substitutes or amends the description;".

22 New Part 5 inserted into Schedule One AA

At the end of Schedule One AA to the National Parks Act 1975 insert—

"PART 5—PARKS AND CROWN LAND LEGISLATION AMENDMENT ACT 2013

18 Rights to cease—roads

On the 2013 Act park commencement for the land shown on each of the plans lodged in the Central Plan Office and numbered N.P. 7/5, N.P. 13/3, N.P. 46A/7. N.P. 46B/4, N.P. 46C/7, N.P. 104/2, N.P.111H/4, N.P. 111J/2 and N.P. 121/1—

(a) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and

(b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to that land cease.

19 Rights to cease—roads—Mitchell River National Park and adjacent area

On the commencement of section 25 of the 2013 Act in respect of the land shown on the

s. 22


20

plan lodged in the Central Plan Office and numbered N.P. 7A—

(a) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and

(b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan cease.

20 Gippsland Lakes Coastal Park—certain hatched land

If the land shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 46A/7 is not surrendered to the Crown before the commencement of section 28 of the 2013 Act, on and from that commencement, that land is taken to be excluded from the park described in Part 6 of Schedule Three until the title to that land is surrendered to the Crown and upon that surrender, that land becomes part of that park.".

23 Schedule Two amended

(1) In Part 2 of Schedule Two to the National Parks Act 1975—

(a) for "8865 hectares" substitute "8885 hectares";

(b) for "Goorockburkghap" substitute "Gorrockburkghap";

(c) omit "or coloured yellow";

s. 23


21

(d) for "N.P. 1/7" substitute "N.P. 1/8".


(a) omit "or coloured green";

(b) for "N.P. 86/3" substitute "N.P. 86/4".



(b) omit "or coloured green";

(c) for "N.P. 13/2" substitute "N.P. 13/3".


(a) for "361 770 hectares" substitute "359 445 hectares";

(b) omit "or coloured yellow";




(b) for "Colac, Heytesbury, Otway, Polwarth and Winchelsea" substitute "Grant, Heytesbury and Polwarth";

(c) omit "or coloured green";

(d) for "N.P. 111E/2" substitute "N.P. 111E/3";

(e) for "N.P. 111H/3, N.P. 111J/1" substitute "N.P. 111H/4, N.P. 111J/2".


s. 23


22


(b) for "Narbethong" substitute "Nar-be-thong";

(c) for "N.P. 102A/2" substitute "N.P. 102A/3".




24 Part 17 of Schedule Two substituted

For Part 17 of Schedule Two to the National Parks Act 1975 substitute—

"PART 17—MOUNT BUFFALO NATIONAL PARK

All those pieces or parcels of land containing 31 020 hectares, more or less, situate in the Parishes of Barwidgee, Buckland, Dandongadale, Eurandelong, Myrtleford, Porepunkah, Towamba and Wandiligong, County of Delatite, being the land delineated and bordered red or coloured pink or coloured yellow in the plans lodged in the Central Plan Office and numbered N.P. 28/1 and N.P. 28A except for the following—

(a) the roads shown as excluded;

(b) the land delineated and bordered blue;

(c) the land delineated and bordered blue in a plan lodged in the Central Plan Office and numbered N.P. 28B.".

25 Part 8 of Schedule Two amended—Mitchell River National Park

s. 24


23

In Part 8 of Schedule Two to the National Parks Act 1975—


(b) after "pink" insert "or coloured yellow";


26 Part 2 of Schedule Two B amended—Arthurs Seat State Park

In Part 2 of Schedule Two B to the National Parks Act 1975—



27 Part 39 of Schedule Two B amended—Lake Tyers State Park

In Part 39 of Schedule Two B to the National Parks Act 1975—


(b) omit "or coloured green";

(c) for "N.P. 121" substitute "N.P. 121/1".

28 Part 6 of Schedule Three amended—Gippsland Lakes Coastal Park

In Part 6 of Schedule Three to the National Parks Act 1975—


(b) after "pink or" insert "coloured";

(c) omit "excepting therefrom the roads shown as excluded";

s. 26


24

(d) for "N.P. 46A/6, N.P. 46B/3 and N.P. 46C/6" substitute "N.P. 46A/7, N.P. 46B/4 and N.P. 46C/7".

29 Part 15 of Schedule Three amended—Cape Liptrap Coastal Park

In Part 15 of Schedule Three to the National Parks Act 1975—



30 Schedule Four amended

(1) In Part 5 of Schedule Four to the National Parks Act 1975—

(a) omit "in the Department of Natural Resources and Environment";

(b) omit "of the Department of Natural Resources and Environment".

(2) In Schedule Four to the National Parks Act 1975, for "National Parks (Park) Regulations 2003" (wherever occurring) substitute "National Parks Regulations 2013".

__________________

s. 29


25

PART 5—AMENDMENT OF OTHER ACTS AND REPEAL OF AMENDING ACT

Division 1—Carlton (Recreation Ground) Land Act 1966

31 Definitions. 31

See:Act No.7412and amendingAct Nos7583/1967, 8703/1975, 41/1987 and 88/1995.LawToday:www.legislation.vic.gov.au

(1) Insert the following heading to section 2 of the Carlton (Recreation Ground) Land Act 1966—

"Definitions".

(2) In section 2 of the Carlton (Recreation Ground) Land Act 1966, after the definition of corporation insert the following definition—

"leasable land means—

(a) the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./11-042, being Crown Allotments 2030 and 2031, Parish of Jika Jika at Carlton; and

(b) the stratum specified in the Order in Council dated 5 December 1995, published in the Government Gazette dated 7 December 1995, pages 3448 to 3451, being Crown Allotment 1A of Section 118A at Carlton, Parish of Jika Jika.".

32 Corporation may grant leases of land described in Schedule 1


26

(1) Insert the following heading to section 3 of the Carlton (Recreation Ground) Land Act 1966—

"Corporation may grant leases of leasable land".

(2) In section 3(1A) of the Carlton (Recreation Ground) Land Act 1966, for "land described in Schedule 1" substitute "leasable land".

33 Corporation may make advances out of municipal fund

In section 4(1) of the Carlton (Recreation Ground) Land Act 1966—

(a) for "land described in Schedule 1" substitute "leasable land";

(b) for "to that land" substitute "to the leasable land".

34 Section 5 repealed

Section 5 of the Carlton (Recreation Ground) Land Act 1966 is repealed.

35 Schedules 1 and 2 repealed

Schedules 1 and 2 to the Carlton (Recreation Ground) Land Act 1966 are repealed.

Division 2—Land (Miscellaneous Matters) Act 1988

36 Section 3 repealed

Section 3 of the Land (Miscellaneous Matters) Act 1988 is repealed.

37 Land deemed to be unalienated land of the Crown

(1) Section 4(1) of the Land (Miscellaneous Matters) Act 1988 is repealed.

s. 33

See:Act No.54/1988.LawToday:www.legislation.vic.gov.au


27

(2) After section 4(2) of the Land (Miscellaneous Matters) Act 1988 insert—

"(3) The repeal of section 3 and subsection (1) does not affect the continued existence of any lease continued by subsection (2) and in force immediately before that repeal.".

38 Schedule 1 repealed

Schedule 1 to the Land (Miscellaneous Matters) Act 1988 is repealed.

Division 3—Land (Reservations and other Matters) Act 1997

39 Sections 19 and 20 repealed

Sections 19 and 20 of the Land (Reservations and other Matters) Act 1997 are repealed.

40 Leases to continue despite revocation of reservations

At the end of section 21 of the Land (Reservations and other Matters) Act 1997 insert—

"(2) The repeal of sections 19 and 20 does not affect the continued existence of any lease continued by subsection (1) and in force immediately before that repeal.".

41 Item 18 of Schedule 1 and Schedule 11 repealed

(1) Item 18 of Schedule 1 to the Land (Reservations and other Matters) Act 1997 is repealed.

(2) Schedule 11 to the Land (Reservations and other Matters) Act 1997 is repealed.

s. 38

See:Act No.100/1997.LawToday:www.legislation.vic.gov.au


28

Division 4—Shrine of Remembrance Act 1978

42 Trusteess. 42

See:Act No.9167.Reprint No. 2as at1 June 2000and amendingAct Nos10/2004, 98/2005 and 4/2011.LawToday:www.legislation.vic.gov.au

After section 3(4) of the Shrine of Remembrance Act 1978 insert—

"(5) The Minister may appoint one of the persons nominated under subsection (1)(b), (c), (d) or (e) as deputy chairperson.

(6) For the purposes of this Act, the deputy chairperson appointed under subsection (5) may exercise any of the powers and perform any of the duties of the chairperson—

(a) for as long as there is no person appointed under subsection (1)(a); or

(b) if the chairperson is absent or unable to carry out the duties of the chairperson.".


29

43 Proceedings of trustees

For section 4F(2) of the Shrine of Remembrance Act 1978 substitute—

"(2) The following person must preside at a meeting of the trustees—

(a) the chairperson; or

(b) if the chairperson is absent, the deputy chairperson; or

(c) if both the chairperson and the deputy chairperson are absent, a trustee appointed by the trustees present at the meeting.".

Division 5—Water Industry Act 1994

44 Power to make and levy ratess. 44

See:Act No.121/1994.Reprint No. 7as at7 November 2012and amendingAct No.24/2013.LawToday:www.legislation.vic.gov.au

(1) After section 139(1A) of the Water Industry Act 1994 insert—

"(1B) Subject to subsection (1G), if on or before 30 June in any year an Order making a rate in relation to land has not been published in


30

the Government Gazette under subsection (1A), the rate for the purposes of subsection (1A) for the next full financial year is—

(a) the rate made under subsection (1A) for the previous full financial year increased by the applicable annual rate specified in subsection (1C); or

(b) if the rate for the previous full financial year was calculated in accordance with this subsection, the rate so calculated increased by the applicable annual rate specified in subsection (1C).

(1C) For the purposes of subsection (1B), the applicable annual rate is whichever applies for the full financial year for which the rate under that subsection is calculated—

(a) the annual rate fixed under section 5(4) of the Monetary Units Act 2004; or

(b) the annual rate applying because of section 5(5) of the Monetary Units Act 2004.

(1D) The area or areas to which the rate calculated under subsection (1B) applies is the area, or are the areas, to which the rate for the previous financial year applied.

(1E) For the purposes of a rate calculated under subsection (1B), the Minister may round down to the nearest third decimal place the rate calculated under that subsection.

(1F) In respect of each financial year to which subsection (1B) applies, the Minister must publish in the Government Gazette—

(a) the rate applying for that financial year; and


31

(b) the area or areas to which that rate applies.

(1G) On or before 30 June in any year, the Minister and the Treasurer jointly, by notice published in the Government Gazette, may determine that—

(a) subsection (1B) does not apply for a particular specified financial year; and

(b) no rate is to be calculated in accordance with that subsection for that financial year.".

(2) After section 139(4) of the Water Industry Act 1994 insert—

"(4AA) Subject to subsection (4AF), if on or before 30 June in any year a minimum amount of rate has not been fixed under subsection (4), the minimum amount of rate for the purposes of subsection (4) for the next full financial year is—

(a) the minimum amount of rate fixed under subsection (4) for the previous full financial year increased by the applicable annual rate specified in subsection (4AB); or

(b) if the minimum amount of rate for the previous full financial year was calculated in accordance with this subsection, the rate so calculated increased by the applicable annual rate specified in subsection (4AB).

(4AB) For the purposes of subsection (4AA), the applicable annual rate is whichever applies for the full financial year for which the

s. 44


32

minimum amount of rate under that subsection is calculated—

(a) the annual rate fixed under section 5(4) of the Monetary Units Act 2004; or

(b) the annual rate applying because of section 5(5) of the Monetary Units Act 2004.

(4AC) For the purposes of subsection (4AA), a minimum amount of rate includes any different minimum amounts of rate calculated in respect of different classes of land.

(4AD) For the purposes of a minimum amount of rate fixed under subsection (4AA), the rating authority may round down to the nearest cent the minimum amount of rate calculated under that subsection.

(4AE) The rating authority must publish in the Government Gazette the minimum amount of rate applying for each financial year to which subsection (4AA) applies.

(4AF) On or before 30 June in any year, the rating authority, by notice published in the Government Gazette, may determine that—

(a) subsection (4AA) does not apply for a particular specified financial year; and

(b) no minimum amount of rate is to be calculated in accordance with that subsection for that financial year.".

Division 6—Repeal of provisions of amending Act

45 Repeal of provisions of amending Act

(1) Part 3, Part 4 (other than sections 25, 27 and 28) and Part 5 of this Act are repealed on the first anniversary of their commencement.

s. 44s. 45


33

(2) Sections 25, 27 and 28 are repealed on the first anniversary of the first day on which all of those provisions are in operation.

Note

The repeal of these Parts and provisions does not affect the continuing operation of the amendments made by them (see section 15(1) of the Interpretation of Legislation Act 1984).

__________________


34

SCHEDULESections 3 to 11

LAND DESCRIPTIONS

Item 1 Ballarat WestSituation and area of land: Parish of Dowling Forest,

1313204 hectares, being Crown Allotment 5B of Section 1.

Instrument and date of reservation: Order in Council dated 14 January 1964, published in the Government Gazette dated 22 January 1964, page 172.

Description of land by reference to Government Gazette:

Government Gazette dated 18 December 1963, page 3694.

Purpose of reservation: An Aerodrome.

Item 2 Bendigo Hospital—Lucan Street siteSituation and area of land: Parish of Sandhurst, 4047

hectares, being Crown Allotment 1 of Section 54D.

Instrument and date of reservation: Order in Council dated 12 November 1872, published in the Government Gazette dated 20 December 1872, page 2302.



Purpose of reservation: Hospital purposes.

Extent of revocation: The entire reservation.

Sch.


35

Item 3 Werribee State Research FarmSituation and area of land: Parish of Deutgam,

3094458 hectares, being Crown Allotments 1P of Section C, 1W of Section C, 2003, 2015, 2016, 2017, 2059, 2093 and 2094.

Instrument and date of reservation: Order in Council dated 6 July 1927, published in the Government Gazette dated 13 July 1927, page 2142.


Government Gazette dated 8 June 1927, page 1883.

Purpose of reservation: State Research Farm (Agricultural).

Extent of revocation: The reservation as it is in force.

Item 4 Werribee State Research Farm—temporary reservationSituation and area of land: Parish of Deutgam,

2937923 hectares, being Crown Allotments 1P of Section C, 1W of Section C, 2003, 2015, 2017, 2059 and 2093.

Purpose of temporary reservation: Public purposes.

Item 5 Psyche BendSituation and area of land: Parish of Mildura, 00513 hectares,

being Crown Allotment 2231.

Instrument and date of reservation: Order in Council dated 10 August 1999, published in the Government Gazette dated 12 August 1999, page 1886.


Government Gazette dated 12 August 1999, page 1886.

Purpose of reservation: Management of Wildlife.


Sch.


36

Item 6 MysiaSituation and area of land: Parish of Mysia, 817 hectares,

being Crown Allotment 153A.

Instrument and date of reservation: Order in Council dated 24 March 1891, published in the Government Gazette dated 26 March 1891, page 1388.


Government Gazette dated 27 February 1891, page 1054.

Purpose of reservation: Water Supply purposes.


Item 7 YarrawallaSituation and area of land: Parish of Yarrowalla,

1457 hectares, being Crown Allotment 35A of Section C.

Instrument and date of reservation: Order in Council dated 11 January 1887, published in the Government Gazette dated 14 January 1887, page 77.



Purpose of reservation: Water Supply purposes.


Sch.


37

Item 8 NinyeunookSituation and area of land: Parish of Ninyeunook,

020 hectares, being Crown Allotment 37C of Section 1.

Instrument and date of reservation: Order in Council dated 26 November 1888, published in the Government Gazette dated 30 November 1888, page 3603.

Particulars of Crowngrant:

Crown grant Volume 2283 Folio 520.


Government Gazette dated 26 October 1888, page 3244.

Purpose of reservation: Mechanics Institute and Free Library.


═══════════════

Sch.


38

ENDNOTES

Endnotes


39

† Minister's second reading speech—

Legislative Assembly: 31 October 2013

Legislative Council: 28 November 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the National Parks Act 1975, the Carlton (Recreation Ground) Land Act 1966, the Land (Miscellaneous Matters) Act 1988, the Land (Reservations and other Matters) Act 1997, the Shrine of Remembrance Act 1978 and the Water Industry Act 1994 and to revoke certain permanent Crown land reservations and Crown grants and for other purposes."

parks and crown land legislation amendment act 2013file/13-079a.docx · web viewparks and crown...

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