National Parks Amendment (Leasing Powers and Other …FILE/13-045a.docx · Web viewNational Parks Amendment (Leasing Powers and Other ... National Parks Amendment (Leasing Powers

National Parks Amendment (Leasing Powers and Other Matters) Act 2013

No. 45 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 23 Principal Act 2

PART 2—AMENDMENTS RELATING TO LEASING POWERS 3

4 Powers of Minister 35 Management agreements with Trust for Nature 36 Minister may make management agreements with public

authorities 37 Leasing and managing of land adjacent to parks 38 New sections 19G to 19K inserted 3

19G Power of Minister to grant leases not exceeding 21 years 3

19H In-principle approval of longer term leases 419I Power of Minister to grant leases more than 21 years

but not exceeding 99 years 619J Power of Minister to enter into agreements to lease 719K Power of Minister to grant licences associated with

leases 79 Lighthouse leases—Great Otway National Park 810 Leases in Point Nepean National Park 911 New sections 30AAAB to 30AAAD inserted 9

30AAAB In-principle approval of longer term leases—Point Nepean National Park 9

30AAAC Power of Minister to grant leases more than 21 years but not exceeding 99 years—Point Nepean National Park 10

30AAAD Power of Minister to enter into agreements to lease—Point Nepean National Park 11

12 Licences associated with lease—Point Nepean National Park 1213 Leases in Mount Buffalo National Park 13

1

14 New sections 31AABA to 31AABC inserted 1331AABA In-principle approval of longer term leases—

Mount Buffalo National Park 1331AABB Power of Minister to grant leases more than

21 years but not exceeding 99 years—Mount Buffalo National Park 15

31AABC Power of Minister to enter into agreements to lease—Mount Buffalo National Park 15

15 Licences associated with lease—Mount Buffalo National Park 1616 Arthurs Seat chairlift lease 1717 New sections 32CB to 32CD inserted 17

32CB In-principle approval of longer term leases—Arthurs Seat chairlift 17

32CC Power of Minister to grant longer term leases—Arthurs Seat chairlift lease 19

32CD Power of Minister to enter into agreements to lease—Arthurs Seat chairlift 20

18 Transitional provisions 21

PART 4—NATIONAL PARKS AMENDMENT (LEASING POWERS AND OTHER MATTERS) ACT 2013 21

15 Continuation of leases granted under section 19(2) 2116 Continuation of licences granted under section 19(3) 2117 Continuation of lighthouse leases granted under

section 29B 22

PART 3—AMENDMENTS RELATING TO REGULATION MAKING POWERS 24

19 Regulations 24

PART 4—REPEAL OF AMENDING ACT 26

20 Repeal of amending Act 26═══════════════

ENDNOTES 27

National Parks Amendment (Leasing Powers and Other Matters) Act 2013†

No. 45 of 2013

[Assented to 27 August 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to amend the National Parks Act 1975—

(a) in relation to leases and licences;

(b) to provide further regulation making powers.

Victoria

1

2 Commencement

(1) This Act, except Part 2, comes into operation on the day after the day on which it receives the Royal Assent.

(2) Subject to subsection (3), Part 2 comes into operation on a day or days to be proclaimed.

(3) If a provision of this Act referred to in subsection (2) does not come into operation before 27 May 2014, it comes into operation on that day.

3 Principal Act

In this Act, the National Parks Act 1975 is called the Principal Act.

__________________

s. 3

See:Act No.8702/1975.Reprint No. 14as at14 November 2012 and amending Act Nos 38/1989 and 17/2013.LawToday:www.legislation.vic.gov.au

Section Page

2

PART 2—AMENDMENTS RELATING TO LEASING POWERS

4 Powers of Minister

Section 19(2) and (3) of the Principal Act are repealed.

5 Management agreements with Trust for Nature

In section 19A(2A)(b) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".

6 Minister may make management agreements with public authorities

In section 19C(2)(c) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".

7 Leasing and managing of land adjacent to parks

In section 19E(3)(c) of the Principal Act for "19(2) and (3)," substitute "19G, 19J, 19K,".

8 New sections 19G to 19K inserted

After section 19F of the Principal Act insert—

"19G Power of Minister to grant leases not exceeding 21 years

(1) Subject to this Act, after consulting the National Parks Advisory Council, the Minister may grant a lease to a person of any land that is described in a Schedule to this Act other than—

(a) a wilderness park described in Schedule Two A;

(b) a wilderness zone described in Schedule Five;

(c) a remote and natural area described in Schedule Six;

s. 4Part 4—Repeal of Amending Act

National Parks Amendment (Leasing Powers and Other Matters) Act 2013No. 45 of 2013

3

(d) a designated water supply catchment area;

(e) a natural catchment area described in Schedule 2 to the Heritage Rivers Act 1992 that is located in a park;

(f) a reference area.

(2) A lease under subsection (1)—

(a) must be granted in writing; and

(b) is subject to any rent or other charges and terms and conditions determined by the Minister; and

(c) must not be for a term of more than 21 years.

(3) The purpose of a lease under subsection (1)—

(a) must be consistent with the objects of this Act in relation to the land; and

(b) may be for the occupation of buildings or the construction and occupation of buildings, including buildings providing accommodation, but not for the purpose of industrial or residential use.

(4) For the purposes of subsection (2)(b), the Minister must ensure that the lease 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 lease.

19H In-principle approval of longer term leases



4

(1) Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 19I, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—

(a) describes, in general terms, the proposal to grant a lease under section 19I for a particular use, development, improvements or works; and

(b) states that persons who, or bodies that, may be affected by the proposal may make submissions to the Minister in relation to the proposal; and

(c) states that the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.

(2) The Minister must take into account any submissions made in relation to the proposal which were received on or before the date specified in the notice.

(3) The Minister may take into account any other information provided by the Secretary or any other person or body.

(4) The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 19I.



5

(5) The in-principle approval—

(a) must be given in writing; and

(b) may be subject to any conditions that the Minister determines are appropriate.

(6) Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 19I.

19I Power of Minister to grant leases more than 21 years but not exceeding 99 years

(1) Subject to this Act, the Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any land that may be leased under section 19G if the Minister—

(a) has consulted the National Parks Advisory Council; and

(b) has given in-principle approval in relation to the proposal to grant a lease in accordance with section 19H; and

(c) is satisfied that—

(i) the proposed use, development, improvements or works that are to be the subject of the lease are of a substantial nature and of a value which justifies a longer term lease; and

(ii) the granting of a longer term lease is in the public interest.

(2) Section 19G(2)(a) and (b), (3) and (4) apply to a lease granted under this section.



6

19J Power of Minister to enter into agreements to lease

(1) For the purposes of granting a lease of land under section 19G or 19I, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.

(2) An agreement to lease land under subsection (1)—

(a) must be 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 agreement; and

(b) may be subject to any other conditions that must be met before a lease is granted under section 19G or 19I.

(3) If the Minister enters into an agreement to lease land under subsection (1) and the agreement to lease gives a right to occupy the land for a period of time, the aggregate of that period and the term of any lease granted consequently must not exceed—

(a) 21 years, in the case of a lease granted under section 19G; or

(b) 99 years, in the case of a lease granted under section 19I.

19K Power of Minister to grant licences associated with leases

(1) If a lease is granted to a person under section 19G or 19I, the Minister may grant the person a licence to use any land,



7

building, improvements or works in the vicinity of, or connected with, the land that is subject to the lease.

(2) A licence under subsection (1) may be granted—

(a) at the same time as the lease to which it relates is granted; or

(b) after the lease to which it relates is granted.

(3) A licence under subsection (1)—

(a) must be for the same or a related purpose for which the land is leased; and

(b) must be granted in writing; and

(c) may be for the whole or part of the term of the lease; and

(d) is subject to any fees and other charges and terms and conditions determined by the Minister.

(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.".

9 Lighthouse leases—Great Otway National Park

Section 29B(1) and (2) of the Principal Act are repealed.



8

10 Leases in Point Nepean National Park

(1) In section 30AAA(2) of the Principal Act for "historic, indigenous, cultural, natural and landscape features" substitute "natural, indigenous, historic, cultural, landscape and recreational values".

(2) For section 30AAA(5) of the Principal Act substitute—

"(5) For the purposes of subsection (4)(c), the Minister must ensure that the lease 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 lease.".

11 New sections 30AAAB to 30AAAD inserted

After section 30AAA of the Principal Act insert—

"30AAAB In-principle approval of longer term leases—Point Nepean National Park

(1) Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 30AAAC, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—

(a) describes, in general terms, the proposal to grant a lease under section 30AAAC for a particular use, development, improvements or works; and



9


(c) the submissions must be made on or before the date specified in the notice, being a date at least 28 days after the date on which the notice is published.



(4) The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 30AAAC.




(6) Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 30AAAC.

30AAAC Power of Minister to grant leases more than 21 years but not exceeding 99 years—Point Nepean National Park

(1) The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any area of land which may be leased under section 30AAA if the Minister—



10


(b) has given in-principle approval in relation to the proposal to grant a lease in accordance with section 30AAAB; and




(2) Section 30AAA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section.

30AAAD Power of Minister to enter into agreements to lease—Point Nepean National Park

(1) For the purposes of granting a lease of land under section 30AAA or 30AAAC, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.





11

(b) may be subject to any other conditions that must be met before a lease is granted under section 30AAA or 30AAAC.


(a) 21 years, in the case of a lease granted under section 30AAA; or

(b) 99 years, in the case of a lease granted under section 30AAAC.".

12 Licences associated with lease—Point Nepean National Park

(1) In section 30AAB(1) of the Principal Act, after "section 30AAA" insert "or 30AAAC".

(2) In section 30AAB(2)(c) of the Principal Act, for "lease, but must not be for a term of more than 21 years" substitute "lease".

(3) After section 30AAB(2) of the Principal Act insert—

"(3) A licence under subsection (1) may be granted—



(4) For the purposes of subsection (2)(d), the Minister must ensure that the licence is subject to conditions that prevent or minimise any adverse impact on the park



12

(including its natural, indigenous, historic, cultural, landscape and recreational values) by the development or use of the land that is permitted under the licence.".

13 Leases in Mount Buffalo National Park

(1) In section 31AA(2) of the Principal Act for "historic, indigenous, cultural, natural and landscape features" substitute "natural, indigenous, historic, cultural, landscape and recreational values".

(2) For section 31AA(5) of the Principal Act substitute—


14 New sections 31AABA to 31AABC inserted

After section 31AA of the Principal Act insert—

"31AABA In-principle approval of longer term leases—Mount Buffalo National Park

(1) Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 31AABB, the Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—



13

(a) describes, in general terms, the proposal to grant a lease under section 31AABB for a particular use, development, improvements or works; and





(4) The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 31AABB.




(6) Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 31AABB.



14

31AABB Power of Minister to grant leases more than 21 years but not exceeding 99 years—Mount Buffalo National Park

(1) The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any land that may be leased under section 31AA if the Minister—


(b) has given in-principle approval in relation to the proposal to grant a lease in accordance with section 31AABA; and




(2) Section 31AA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section.

31AABC Power of Minister to enter into agreements to lease—Mount Buffalo National Park

(1) For the purposes of granting a lease of land under section 31AA or 31AABB, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.



15



(b) may be subject to any other conditions that must be met before a lease is granted under section 31AA or 31AABB.


(a) 21 years, in the case of a lease granted under section 31AA; or

(b) 99 years, in the case of a lease granted under section 31AABB.".

15 Licences associated with lease—Mount Buffalo National Park

(1) In section 31AAB(1) of the Principal Act—

(a) after "section 31AA" insert "or section 31AABB";

(b) after "vicinity of" insert ", or connected with,".



16

(2) After section 31AAB(2) of the Principal Act insert—

"(3) A licence under subsection (1) may be granted—



(4) For the purposes of subsection (2)(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.".

16 Arthurs Seat chairlift lease

For section 32CA(4) of the Principal Act substitute—


17 New sections 32CB to 32CD inserted

After section 32CA of the Principal Act insert—

"32CB In-principle approval of longer term leases—Arthurs Seat chairlift

(1) Before determining whether to give in-principle approval in relation to a proposal to grant a lease under section 32CC, the



17

Minister must publish a notice in a daily newspaper circulating generally throughout Victoria and in a newspaper circulating generally in the area in which the land that may be the subject of the lease is situated that—

(a) describes, in general terms, the proposal to grant a lease under section 32CC for a particular use, development, improvements or works; and





(4) The Minister may give in-principle approval in relation to the proposal to grant a lease if the Minister is satisfied that it would be appropriate to grant a lease under section 32CC.






18

(6) Despite giving in-principle approval under this section, the Minister is not required to grant a lease under section 32CC.

32CC Power of Minister to grant longer term leases—Arthurs Seat chairlift lease

(1) The Minister may grant a lease for a term of more than 21 years but not exceeding 99 years of any area of land referred to in section 32CA if the Minister—


(b) has given in-principle approval in relation to the proposal to grant a lease in accordance with section 32CB; and




(2) Section 32CA(2), (3)(a) and (c) and (4) apply to a lease granted under this section.

(3) Subsection (1)(b) does not apply in relation to the granting of a lease under this section for which the Minister has selected a preferred proponent for the development of a new chairlift in the park described in Part 2 of Schedule Two B before the commencement of section 17 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013.



19

32CD Power of Minister to enter into agreements to lease—Arthurs Seat chairlift

(1) For the purposes of granting a lease of land under section 32CA or 32CC, the Minister may enter into an agreement to lease that land if the Minister has not yet entered into the lease.



(b) may be subject to any other conditions that must be met before a lease is granted under section 32CA or 32CC.


(a) 21 years, in the case of a lease granted under section 32CA; or

(b) 99 years, in the case of a lease granted under section 32CC.".



20

18 Transitional provisions

After Part 3 in Schedule One AA to the Principal Act insert—

"PART 4—NATIONAL PARKS AMENDMENT (LEASING POWERS AND OTHER MATTERS)

ACT 2013

15 Continuation of leases granted under section 19(2)

(1) On and from the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a tenancy of land granted to a person under section 19(2) and in force immediately before that commencement continues in force on and from that commencement until the tenancy expires, at such rent and subject to such terms and conditions as the Minister determined for that tenancy.

(2) Despite subclause (1), this Act, as in force at the time of a renewal of a tenancy of land granted under section 19(2), applies to that renewal if the tenancy of land—

(a) is in force immediately before the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013; and

(b) contains an option to renew the tenancy for a further term or terms.

16 Continuation of licences granted under section 19(3)

(1) On and from the commencement of section 4 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a licence granted to a person under



21

section 19(3) and in force immediately before that commencement continues in force on and from that commencement until the licence expires, at such fees and charges and subject to such terms, conditions and covenants as the Minister determined for that licence.

(2) Despite subclause (1), the Act, as in force at the time of a renewal of a licence granted under section 19(3), applies to that renewal if the licence—


(b) contains an option to renew the licence for a further term or terms.

17 Continuation of lighthouse leases granted under section 29B

(1) On and from the commencement of section 9 of the National Parks Amendment (Leasing Powers and Other Matters) Act 2013, a lease granted to a person under section 29B(1) and in force immediately before that commencement continues in force on and from that commencement until the lease expires, subject to such rent and such other charges and terms and conditions as the Minister determined for that lease.

(2) Despite subclause (1), the Act, as in force at the time of a renewal of a lease granted under section 29B(1), applies to that renewal if the lease—



22


(b) contains an option to renew the lease for a further term or terms.".

__________________



23

PART 3—AMENDMENTS RELATING TO REGULATION MAKING POWERS

19 Regulations

(1) After section 48(1)(l) of the Principal Act insert—

"(la) setting aside areas in parks in which specified activities are permitted, restricted or prohibited;".

(2) After section 48(1)(o) of the Principal Act insert—

"(oa) providing for offences for which the owner of an animal, or a person having care or control of an animal, is guilty if the animal is found in a park in contravention of the regulations;".

(3) After section 48(2)(c) of the Principal Act insert—

"(ca) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Secretary, including, but not limited to—

(i) the setting aside of areas in parks;

(ii) the granting of permits subject to any reasonable conditions and the revocation of permits; and

(cb) may provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—

(i) whether unconditionally or on specified conditions; and

(ii) either wholly or to such an extent as is specified; and".



24

(4) In section 48(3) of the Principal Act after "subsection (2)(c)" insert "and (ca)".

__________________



25

PART 4—REPEAL OF AMENDING ACT

20 Repeal of amending Act

This Act is repealed on 27 May 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════



26

ENDNOTES

Endnotes


27

† Minister's second reading speech—

Legislative Assembly: 29 May 2013

Legislative Council: 27 June 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the National Parks Act 1975 in relation to leases and licences, to provide further regulation making powers and for other purposes."

Documents

National Parks Amendment (Leasing Powers and Other …FILE/13-045a.docx · Web viewNational Parks Amendment (Leasing Powers and Other ... National Parks Amendment (Leasing Powers