National Parks (Wilderness) Act 1992

Transcription

1 No. 40 of 1992 TABLE OF PROVISIONS PART 1 PRELIMINARY Section 1. Purpose 2. Commencement 3. Principal Act PART 2 WYPERFELD NATIONAL PARK 4. Additions to Wyperfeld National Park 5. Deer hunting in Alpine National Park PART 3 ALPINE NATIONAL PARK PART 4 BIG DESERT WILDERNESS PARK 6. Additions to Big Desert Wilderness Park PART 5 WABBA WILDERNESS PARK 7. New Part 3 inserted in Schedule Two A Part 3 Wabba Wilderness Park 8. Deer hunting in Avon Wilderness Park 9. Area excluded from park PART 6 AVON WILDERNESS PARK PART 7 WILDERNESS ZONES 10. New wilderness zones 11. New sections 22A to 22D inserted 22A Wilderness zones General 22B Navigation lights Sandpatch and Wilsons Promontory wilderness zones 22c Continued cattle grazing in some wilderness zones 22D Deer hunting in some wilderness zones 12. Schedule Five inserted Schedule Five Wilderness Zones

2 PART 8 REMOTE AND NATURAL AREAS 13. Amendment of objects of Principal Act 14. New sections 21 B to 21 D inserted 21B Remote and natural areas 21c Protection of remote and natural areas 21 D Management of remote and natural areas 15. Schedule Six inserted Schedule Six Remote and Natural areas PART 9 GENERAL 16. Amendment of definitions 17. Petroleum operations in wilderness park and wilderness zones 18. Amendment of Petroleum Act Land ceases to be reserved forest 386

3 Victoria No. 40 of 1992 National Parks (Wilderness) Act 1992 The Parliament of Victoria enacts as follows: [Assented to 23 June 1992] PART 1 PRELIMINARY 1. Purpose The purpose of this Act is to (a) amend the National Parks Act 1975 to (i) establish a new wilderness park, add to an existing one and reduce the area of one wilderness park; (ii) establish wilderness zones within national parks and make further provision for the activities which may take place there; 387

4 s.2 National Parks (Wilderness) Act 1992 Act No. 40/1992 (iii) provide for other specific areas in national parks requiring special protection; (iv) provide for other matters concerning national parks and wilderness parks; (b) amend the Petroleum Act 1958 concerning petroleum exploration and production operations in wilderness parks and certain areas of national parks. 2. Commencement (1) Parts 1, 3, 7 and 9 come into operation on the day on which this Act receives the Royal Assent. (2) Part 2 comes into operation on a day to be proclaimed. (3) Part 4 comes into operation on a day to be proclaimed. (4) Part 5 comes into operation on a day to be proclaimed. (5) Part 6 comes into operation on a day to be proclaimed. (6) Part 8 comes into operation on a day to be proclaimed. No Reprinted to No.52/1988. Subsequently amended by Nos 12/1989, 37/1989, 38/1989, 39/1S89, 44/1989, 81/1989, 43/1990, 92/1990 and 2/ Principal Act 3. In this Act the National Parks Act 1975 is called the Principal Act. PART 2 WYPERFELD NATIONAL PARK 4. Additions to Wyperfeld National Park In Part 25 of Schedule Two of the Principal Act (a) for "3237 square kilometres" substitute "3568 square kilometres"; (b) omit "or coloured yellow"; (c) for "N.P. 19/2" substitute "N.P. 19/3". 388

5 Act No. 40/1992 s.5 PART 3 ALPINE NATIONAL PARK 5. Deer hunting in Alpine National Park (1) In section 37 (7) of the Principal Act (a) for "A6" substitute "A6/A6A"; (b) after "dark shading" insert "or vertical hatching,". (2) In section 37 (8) of the Principal Act (a) after "dark shading" insert "or vertical hatching"; (b) for "A6," substitute "A6/A6A,"; (c) after "A7," insert "A7A,"; (d) after "A 13" insert "and A1 3A"; (e) for "A 14 and shown by light hatching" substitute "A14 and shown by light shading"; (/) before "A21" insert "marked". PART 4 BIG DESERT WILDERNESS PARK 6. Additions to Big Desert Wilderness Park In Part 1 of Schedule Two A of the Principal Act (a) for "1135 square kilometres" substitute "1423 square kilometres"; (b) for "stippled grey" substitute "shown by diagonal hatching"; (c) for "N.P.39" substitute "N.P.39/1". PART 5 WABBA WILDERNESS PARK 7. New Part 3 inserted in Schedule Two A After Part 2 of Schedule Two A of the Principal Act insert "PART 3 WABBA WILDERNESS PARK All those pieces or parcels of land, containing 201 square kilometres more or less, situate in the County of Benambra, being the land shown by diagonal hatching 389

6 8 National Parks (Wilderness) Act 1992 Act No. 40/1992 and delineated and bordered red or bordered green on the plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.99." PART 6 AVON WILDERNESS PARK 8. Deer hunting in Avon Wilderness Park The Principal Act is amended as follows: (a) after section 17c (2) (/) insert "or (g) deer hunting by stalking or the carrying of firearms or other weapons for that purpose, in the wilderness park referred to in Part 2 of Schedule Two A, if carried out in accordance with an authority or permit under section 37."; (b) in section 37 (3) after "Schedule Two and" insert "Part 2 of Schedule Two A and"; (c) in section 37 (6) after "Schedule Two and" insert "Part 2 of Schedule Two A and". 9. Area excluded from park In Part 2 of Schedule Two A of the Principal Act (a) for "40, 000 hectares" substitute "39, 650 hectares"; (b) for "N.P.74" substitute "N.P.74/1". PART 7 WILDERNESS ZONES 10. New wilderness zones (1) After section 22 (4) of the Principal Act insert "(4A) The Minister, by notice published in the Government Gazette, may in respect of each Part of Schedule Five appoint a day on which the land described in that Part becomes a wilderness -zone for the purposes of this Act. 390

7 Act No. 40/1992 s. 11 (4B) Sub-section (4A) does not aflfect or Umit the Governor in Council's power to declare land to be a wilderness zone. (4c) The Minister must not appoint a day on which the land in Part 7 of Schedule Five becomes a wilderness zone that is earlier than the date of commencement of Part 2 of the National Parks (Wilderness) Act 1992.". (2) In section 22 of the Principal Act (a) in sub-section (4) after "If land" insert "has become a wilderness zone under sub-section (4A) or"; (b) in sub-section (6) after "wilderness zone" (where first occurring) insert "under sub-section (4A) or (5)". 11. New sections 22A to 22D inserted After section 22 of the Principal Act insert "22A. Wilderness zones General Sections 22B to 22D apply despite anything to the contrary in section 22 of this Act or any provision applied by that section. 22B. Navigation lights Sandpatch and Wilsons Promontory wilderness zones (1) The Director may, subject to and in accordance with this Act, construct or permit the construction of a navigation light at Little Rame Head in the wilderness zone referred to in Part 18 of Schedule Five. (2) The Director may, subject to and in accordance with this Act, maintain or permit the maintenance of (a) any navigation light constructed under sub-section (1); and 391

8 s. 12 National Parks (Wilderness) Act 1992 Act No. 40/1992 (b) the navigation light at Wingan Point in the wilderness zone referred to in Part 18 of Schedule Five; and (c) the navigation light at Lighthouse Point in the wilderness zone referred to in Part 20 of Schedule Five. (3) Section 17c (3) applies to the construction and maintenance of these navigation lights as if they were essential management activities permitted under section 17c (2). 22c. Continued cattle grazing in some wilderness zones Section 17c (1) does not apply to cattle grazing in accordance with licences issued under section 32AD (1) in respect of any areas in the wilderness zones referred to in Parts 8,9, 11, 12 and 13 of Schedule Five. 22D. Deer hunting in some wilderness zones (1) Section 17c (1) does not apply to deer hunting by stalking and the carrying and use of firearms or other weapons for that purpose, in accordance with a permit or authority under section 37, in the wilderness zones referred to in Parts 8 and 9 of Schedule Five. (2) The Director must keep under review the extent to which deer hunting allowed in these wilderness zones by permit or authority under section 37 may interfere or conflict with other activities permitted there and may, having regard to the results of the review, take any appropriate action permitted by this Act." 12. Schedule Five inserted After Schedule Four of the Principal Act insert 392

9 Act No. 40/1992 s. 12 "SCHEDULE FIVE section 22. WILDERNESS ZONES Section 22 PART 1 SUNSET WILDERNESS ZONE All those pieces or parcels of land, containing 1269 square kilometres more or less, situate in the Murray-Sunset hatching and delineated on the plan lodged in the Central N.P.W.Z.1 PART 2 MINOOK WILDERNESS ZONE All those pieces or parcels of land, containing 387 square kilometres more or less, situate in the Murray-Sunset hatching and delineated on the plan lodged in the Central N.P.W.Z.2 PART 3 GALPUNGA WILDERNESS ZONE All those pieces or parcels of land, containing 357 square kilometres more or less, situate in the Murray-Sunset hatching and delineated on the plan lodged in the Central N.P.W.Z.3 PART 4 MOUNT COWRA WILDERNESS ZONE All those pieces or parcels of land, containing 235 square kilometres more or less, situate in the Murray-Sunset hatching and delineated on the plan lodged in the Central N.P.W.Z.4 393

10 s. 12 Act No. 40/1992 PART 5 NORTH WYPERFELD WILDERNESS ZONE All those pieces or parcels of land, containing 979 square kilometres more or less, situate in the Wyperfeld hatching and delineated on plan lodged in the Central N.P.W.Z.5 PART 6 SOUTH WYPERFELD WILDERNESS ZONE All those pieces or parcels of land, containing 613 square kilometres more or less, situate in the Wyperfeld hatching and delineated on plan lodged in the Central N.P.W.Z.6 PART 7 CHINAMAN FLAT WILDERNESS ZONE All those pieces or parcels of land, containing 298 square kilometres more or less, situate in the Wyperfeld hatching and delineated on plan lodged in the Central N.P.W.Z.7 PART 8 MOUNT DARLING-SNOWY BLUFF WILDERNESS ZONE All those pieces or parcels of land, containing 404 square kilometres more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.8 PART 9 RAZOR-VIKING WILDERNESS ZONE All those pieces or parcels of land, containing 157 square kilometres more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z.9 394

11 Act No. 40/1992 s. 12 PART 11 INDI WILDERNESS ZONE All those pieces or parcels of land, containing 138 square kilometres more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P. W.Z.I 1 PART 12 COBBERAS WILDERNESS ZONE All those pieces or parcels of land, containing 100 square kilometres more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z. 12 PART 13 BUCHAN HEADWATERS WILDERNESS ZONE All those pieces or parcels of land, containing 300 square kilometres more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z. 13 PART 14 TINGARINGY WILDERNESS ZONE All those pieces or parcels of land, containing 7900 hectares more or less, situate in the Alpine National delineated on plan lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.W.Z. 14 PART 15 SNOWY RIVER WILDERNESS ZONE All those pieces or parcels of land, containing 270 square kilometres more or less, situate in the Snowy River hatching and delineated on plan lodged in the Central N.P.W.Z

12 s.12 National Parks (Wilderness) Act 1992 Act No. 40/1992 PART 16 BOWEN WILDERNESS ZONE All those pieces or parcels of land, containing 175 square kilometres more or less, situate in the Snowy River hatching and delineated on plan lodged in the Central N.P.W.Z.16 PART 17 GENOA WILDERNESS ZONE All those pieces or parcels of land, containing 194 square kilometres more or less, situate in the Coopracambra hatching and delineated on plan lodged in the Central N.P.W.Z.17 PART 18 SANDPATCH WILDERNESS ZONE All those pieces or parcels of land, containing 156 square kilometres more or less, situate in the Croajingolong hatching and delineated on plan lodged in the Central N.P.W.Z.18 PART 19 CAPE HOWE WILDERNESS ZONE All those pieces or parcels of land, containing 7100 hectares more or less, situate in the Croajingolong hatching and delineated on plan lodged in the Central N.P.W.Z.19 PART 20 WILSONS PROMONTORY WILDERNESS ZONE All those pieces or parcels of land, containing 218 square kilometres more or less, situate in the Wilsons Promontory National Park, being the land shown by diagonal hatching and delineated on plan lodged in the 396

13 Act No. 40/1992 s. 13 Central Plan Ofl&ce of the Ministry of Finance and numbered N.P.W.Z.20". PART 8 REMOTE AND NATURAL AREAS 13. Amendment of objects of Principal Act In section 4 (a) (i) of the Principal Act after "wilderness areas" insert "and remote and natural areas". 14. New sections 21B to 21 D inserted After section 21 A of the Principal Act insert "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. 21c. Protection of remote and natural areas (1) The Director 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, geological, scenic, archaeological, historic or scientific significance. (2) The Director must ensure that, in a remote and natural area (a) no new roads or tracks for vehicles are constructed; and {b) existing roads or tracks for vehicles are not widened or upgraded in any way so that they can carry increased traffic or heavier vehicles; and (c) no new structures are constructed; and 397

14 s. 14 National Parks (Wilderness) Act 1992 Act No. 40/1992 (d) no new facilities are installed; and (e) no new works are carried out that will adversely affect the natural condition or appearance of the area. (3) In sub-section (2) "works" includes, but is not limited to, any of the following (a) excavation and earth works; (b) destruction, removal or lopping of vegetation. 21D. Management of remote and natural areas (1) This section has effect despite section 21 c. (2) After land becomes part of a remote and natural area, then subject to and in accordance with the provisions of this Act (other than section 21c) and subject to any conditions and restrictions that the Director may impose in accordance with this Act (a) any lawful uses of land existing immediately before its inclusion in the area may continue; and (b) any lawful activity or works begun on the land before its inclusion in the area may continue and be completed; and (c) any structure lawfully constructed on the land before its inclusion in the area may be used for its intended purpose; and (d) any works lawfully carried out on the land before its inclusion in the area may be used for their intended purpose. (3) Subject to and in accordance with any provision of this Act other than section 21c (a) the Minister or the Director may complete anything of a continuing nature commenced under this Act in relation to land before its inclusion in a remote and natural area; and 398

15 Act No. 40/1992 s. 14 (b) the Minister or the Director may give effect to agreements, licences or permits or authorities entered into, granted or issued in relation to land before its inclusion in a remote and natural area; and (c) the Minister or the Director may give effect to any rights, powers or obligations acquired or incurred in relation to land before its inclusion in a remote and natural area; and (d) the Minister or the Director may do anything necessary for the maintenance or repair of existing roads, tracks, structures or facilities in a remote and natural area. (4) The Director may, in a remote and natural area, do anything which he or she considers necessary for (a) the eradication or control of nonindigenous flora and non-indigenous fauna; or (b) the protection of the natural environment; or (c) the health and safety of the public; or (d) the prevention or control of fire; or (e) dealing with emergencies relating to disease. (5) The Director, with the approval of the Minister, may do anything else that the Director considers (a) is (i) essential for the responsible management of a remote and natural area; or (ii) necessary to be done in the public interest, in relation to a remote and natural area; and 399

16 s.15 National Parks (Wilderness) Act 1992 Act No. 40/1992 (b) does not substantially degrade the natural condition or appearance of the area. (6) The Director must undertake, or cause to be undertaken, rehabilitation work or any other measures that the Director considers necessary to prevent or minimise loss or degradation of the natural condition or appearance of a remote and natural area if he or she considers that (a) loss or degradation has resulted or is likely to result from activities under this section; or (b) there is evidence of increasing disturbance of the natural condition or appearance of the area, however caused. 15. Schedule Six inserted After Schedule Five of the Principal Act insert *21» "SCHEDULE SIX REMOTE AND NATURAL AREAS Section 2IB PART 1 SOUTH SUNSET AREA All those pieces or parcels of land, containing 240 square kilometres, more or less, situate in the Murray-Sunset hatching and delineated on a plan, lodged in the Central N.P.R.N.A.1. PART 2 HOPPING MOUSE HILL AREA All those pieces or parcels of land, containing 321 square kilometres, more or less, situate in the Wyperfeld hatching and delineated on a plan, lodged in the Central N.P.R.N.A

17 Act No. 40/1992 s. 15 PART 3 LITTLE DESERT AREA All those pieces or parcels of land, containing 164 square kilometres, more or less, situate in the Little Desert hatching and delineated on a plan, lodged in the Central N.P.R.N.A.3. PART 4 VICTORIA RANGE AREA All those pieces or parcels of land, containing 140 square kilometres, more or less, situate in the Grampians hatching and delineated on a plan, lodged in the Central N.P.R.N.A.4. PART 5 SERRA RANGE AREA All those pieces or parcels of land, containing 112 square kilometres, more or less, situate in the Grampians hatching and delineated on a plan, lodged in the Central N.P.R.N.A.5. PART 6 MAJOR MITCHELL PLATEAU AREA All those pieces or parcels of land, containing 6900 hectares, more or less, situate in the Grampians National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A.6. PART 7 BAW BAW PLATEAU AREA All those pieces or parcels of land, containing 6500 hectares, more or less, situate in the Baw Baw National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A

18 s. 15 Act No. 40/1992 PART 8 THE GOVERNORS AREA All those pieces or parcels of land, containing 8100 hectares, more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A.8. PART 9 MACALISTER AREA All those pieces or parcels of land, containing 333 square kilometres, more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A.9. PART 10 DANDONGADALE AREA All those pieces or parcels of land, containing 3700 hectares, more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 10. PART 11 BUNDARA-COBUNGRA AREA All those pieces or parcels of land, containing 137 square kilometres more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 11. PART 12 BOGONG AREA All those pieces or parcels of land, containing 163 square kilometres more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A

19 Act No. 40/1992 s. 15 PART 13 DA VIES PLAIN AREA All those pieces or parcels of land, containing 105 square kilometres more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 13. PART 14 SUGGAN BUGGAN AREA All those pieces or parcels of land, containing 178 square kilometres more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 14. PART 15 UPPER SNOWY AREA All those pieces or parcels of land, containing 118 square kilometres more or less, situate in the Alpine National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 15. PART 16 NORTH BUFFALO AREA All those pieces or parcels of land, containing 6500 hectares, more or less, situate in the Mount Buffalo hatching and delineated on a plan, lodged in the Central N.P.R.N.A.16. PART 17 MOUNT BURROWA AREA All those pieces or parcels of land, containing 105 square kilometres more or less, situate in the Burrowa-Pine Mountain National Park, being the land shown by diagonal hatching and delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A

20 s. 15 National Parks (Wilderness) Act 1992 Act No. 40/1992 PART 18 BRODR1BB AREA All those pieces or parcels of land, containing 7700 hectares more or less, situate in the Errinundra National delineated on a plan, lodged in the Central Plan Office of the Ministry of Finance and numbered N.P.R.N.A. 18. PART 19 MOUNT KAYE AREA All those pieces or parcels of land, containing 8100 hectares more or less, situate in the Coopracambra hatching and delineated on a plan, lodged in the Central N.P.R.N.A.19. PART 20 RAME HEAD AREA All those pieces or parcels of land, containing 9800 hectares more or less, situate in the Croajingolong hatching and delineated on a plan, lodged in the Central N.P.R.N.A.20. PART 21 WILSONS PROMONTORY ISLANDS AREA An area situate in the Wilsons Promontory National Park, comprising the islands listed below and the land between high and low watermark adjacent to them Shellback island Norman island Great Glennie island Dannevig island McHugh island Answer island Kanowna island Cleft island Wattle island 404

21 Act No. 40/1992 s.16 Rabbit island Rabbit Rock.' PART 9 GENERAL 16. Amendment of definitions In section 3 (1) of the Principal Act after the definition of "prescribed" insert ' "remote and natural area" means land that, by reason of section 21B, is a remote and natural area for the purposes of this Act. "wilderness zone" means land that, by reason of section 22 (4A) or (5), is a wilderness zone for the purposes of this Act.' 17. Petroleum operations in wilderness park and wilderness zones In section 40 of the Principal Act, for sub-section (2), substitute "(2) Despite anything in the Petroleum Act 1958 or any permit, lease or authority granted under that Act, operations under such a permit, lease or authority must not be carried out (a) in a wilderness park or a wilderness zone; or (b) in any area in a park (other than a wilderness park or wilderness zone) except with the consent of the Minister and subject to any terms and conditions which the Minister thinks fit to impose.". 18. Amendment of Petroleum Act 1958 After section 3 of the Petroleum Act 1958 insert 405

22 s. 19 National Parks (Wilderness) Act 1992 Act No. 40/1992 "4. Certain land not available for petroleum operations Operations under a lease, permit or authority under this Act must not be carried out on (a) land that is a wilderness zone or wilderness park within the meaning of the National Parks Act 1975; and (b) any other land to which section 40 (2) of that Act applies unless, in accordance with that Act, the Minister administering that Act consents.". 19. Land ceases to be reserved forest Each of the following pieces of land ceases to be reserved forest on the date on which that land becomes part of a national park the land delineated by green border on the plan referred to in Part 3 of Schedule Two A of the Principal Act as amended by this Act. NOTES 1. Minister's second reading speech Legislative Assembly: 7 May 1992 Legislative Council: 25 May The long title for the Bill for this Act was "A Bill to amend the National Parks Act 1975 concerning wilderness and other areas, to amend the Petroleum Act 1958 and for other purposes.". 3. Section headings appear in bold italics and are not part of the Act. (See Interpretation of Legislation Act 1984.) 406