National Parks Act 1975

The Act's reach is broad. Parks Victoria (defined by reference to the Parks Victoria Act 2018) is the primary land manager for most parks (s 17(2), s 19B) and holds powers to grant permits (s 21), prepare management plans (s 17(2)(d)), and enforce regulations. The Great Ocean Road Coast and Parks Authority exercises parallel functions for land within the Great Ocean Road region where appointed (ss 16C, 17(6)). The Minister retains overarching authority to grant leases exceeding 21 years (s 19G), consent to mining (s 40), and make management agreements with public authorities or other States (ss 19C, 19D). The Secretary to the Department (defined in s 3 by reference to the Conservation, Forests and Lands Act 1987) retains residual functions, particularly in relation to Yarra River land (s 20A) and fire management (s 21D(4A)).

Traditional Owner Land Management Boards are empowered to enter management agreements (s 16A) and must be consulted before such agreements are made (s 16A(2)). Members of traditional owner groups bound by agreements under the Traditional Owner Settlement Act 2010 are exempt from certain offences when carrying out agreed activities (s 4D).

Authorised officers (appointed under the Conservation, Forests and Lands Act 1987 or Victorian Fisheries Authority Act 2016) exercise inspection, seizure, and direction powers (ss 38, 38A, 45). Tour operators must hold licences (s 27C) and comply with conditions (s 27G); breach attracts 20 penalty units (natural person) or 100 penalty units (body corporate) (s 27H).

The general public is affected as visitors, recreational users, and researchers. Entry, camping, and activities are regulated (s 21); firearms, fishing, and certain commercial operations are restricted or prohibited (ss 44, 45A). Freeholders whose land abuts or is surrounded by parks may obtain access rights (ss 30B, 30I, 30J, 32AC, 32AF, 32AH). Water authorities (Melbourne Water Corporation, Barwon Water, Wannon Water) hold specific roles in designated water supply catchment areas (ss 17(3), 32H–32N, 32I).

Commercial interests—miners, fishers, electricity companies, lighthouse operators—are subject to consent regimes (ss 40, 27A, 29A, 30AA). Local government and public authorities may perform functions only with consent (s 27). Lessee and licensees under pre-existing arrangements (e.g. O'Shannassy Lodge, s 31AB) continue subject to the Act's overlay.

In aggregate, the statute binds the Crown, government agencies, private commercial operators, traditional owners, adjoining landowners, and every member of the public who enters or uses a park.

Duties of Parks Victoria and the Great Ocean Road Coast and Parks Authority. The primary duty is to control and manage each park in accordance with the Act's objects (s 17(2)(a)). This includes preserving natural condition, eradicating exotic flora and fauna, protecting water quality in designated catchments (s 17(2)(ba)), preparing management plans (s 17(2)(d)), and consulting the Secretary on fire protection (s 17(2)(b)). For wilderness parks, additional duties apply: maximising undisturbed character, providing solitude and self-reliant recreation, and prohibiting roads, structures, commercial development, motorised transport, non-indigenous animals, and hunting (s 17C(1)), subject to narrow exceptions (s 17C(2)). Marine national parks require prevention of exotic species introduction and eradication where present (s 17D(3)(a)). Landscape conservation areas must be managed to achieve nature conservation, community education, and natural features protection (s 17F).

Ministerial duties and powers. The Minister must consult the National Parks Advisory Council before granting leases over 21 years (s 19G(1)) and ensure conditions minimise adverse impacts (s 19G(4)). Consent to mining or exploration is required (s 40(1)) and must follow Advisory Council advice (s 40(3)). The Minister may declare landscape conservation areas (s 17E), grant access rights to freeholders (ss 30B, 30I), and enter agreements with electricity companies (s 27A) or other governments (s 19D).

Traditional Owner rights. Boards may enter management agreements (s 16A) that displace Parks Victoria's powers to the extent of the agreement (s 16A(4)). Joint management plans prevail over ordinary management plans (s 17(2AA)). Members of traditional owner groups bound by settlement agreements are exempt from certain offences (s 4D).

Public rights. Members of the public have rights of entry and enjoyment subject to regulations (s 4(c)). Research, education, and low-impact recreation are encouraged (s 17(2)(c)). Authorised activities include deer stalking in designated wilderness zones under permit (s 22D, s 37(3)(g)).

Commercial and occupational rights. Tour operators may apply for licences (s 27E) valid up to ten years (s 27D(2)). Lessees under ss 19G or 30AAAC obtain rights of occupation for compatible purposes (accommodation, not industrial or residential). Pre-existing grazing, water, and electricity rights are preserved subject to conditions (ss 30BA, 30K, 27A, 30AA).

Water and catchment duties. Parks Victoria must protect designated water supply catchment areas, maintain water quality, and restrict human activity (s 17(2)(ba)). Managing water authorities hold statutory policy-making roles (s 32I(4)).

All duties are enforceable through offences (Part V), authorised officer powers (s 38), and court orders for compensation (s 47A).

The Act creates a tiered enforcement regime. Authorised officers may demand names and addresses, request production of permits, direct cessation of damaging activity in catchments (s 38(e)), or require vessels to leave marine parks (s 38(2)). Obstruction or failure to comply attracts 20 penalty units (s 45).

Specific offences carry higher sanctions. Conducting unlicensed tours is punishable by 20/100 penalty units (natural person/body corporate) (s 27C). Fishing or taking fish for sale in marine national parks or sanctuaries incurs 200/400 penalty units or 12 months imprisonment (s 45A(1)). Possession of priority species in marine parks carries 100/200 penalty units or 6 months imprisonment (s 45A(5), (6A)). Carrying guns without consent is 20 penalty units (s 44(1)).

General offences (e.g. carrying on unauthorised trade, s 43; cutting trees, s 44A; constructing levees, s 44B) range from 20 to 100 penalty units. A catch-all provision imposes up to 20 penalty units where no specific penalty is stated (s 47B).

Seizure and forfeiture of weapons is authorised (s 36). Compensation for damage may be ordered upon conviction (s 47A). Proceedings under marine offences may be brought within three years (s 45E). Evidentiary aids include certificates as to park status or licence grant (s 47).

Management plans must be tabled (s 47D). Regulations may prescribe additional offences up to 20 penalty units (s 48(1)(r)).

Enforcement is thus both administrative (permits, directions) and criminal, with graduated penalties reflecting the Act's conservation priority.

The Act is deliberately integrative. Section 3(2) defines "public authority" to include government departments, Melbourne Water Corporation, electricity companies, and municipal councils. Interface provisions declare the Act to be "interface legislation" under the Transport Integration Act 2010 (s 4B) and "filming approval legislation" under the Filming Approval Act 2014 (s 4C). Road management is coordinated via the Road Management Act 2004 (s 4A).

Mining and petroleum are regulated by cross-reference: exploration licences may be granted but require ministerial consent to operate (s 40(1A)); offshore petroleum leases are deemed subject to conditions (s 40A). Pipelines and seafloor cables in marine parks require consent (s 40B). Fisheries offences are enforced through the Fisheries Act 1995 (s 45C), with time extensions for marine offences (s 45E).

Water law is central. Designated water supply catchment areas trigger paramount duties to protect water quality (s 32H). Management agreements with Melbourne Water, Barwon Water, and Wannon Water allocate functions (s 32I). Yarra River land obligations reference the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (ss 20A, 27BA). The Great Ocean Road and Environs Protection Act 2020 overlays strategic planning requirements (ss 20C, 27BC).

Traditional owner rights are preserved via the Traditional Owner Settlement Act 2010 (ss 4D, 16A, Note to s 3). Native title is expressly unaffected by amendments (ss 27B, 48A, Sch 1A).

Land Act 1958 provisions on impounding livestock (s 41), unauthorised structures (s 39), and leases (ss 141–149) apply to parks via ss 19F, 27, 32AA. The Reference Areas Act 1978 interacts with wilderness declarations (s 22(5)).

The Act prevails over inconsistent local laws (s 27(4)) but defers to major transport projects (s 20A(2)). Transitional provisions (Parts VII, IX, X) ensure continuity of pre-existing rights under the Forests Act 1958, Land Act 1958, and earlier national parks legislation.

Thus the statute functions as a hub, harmonising conservation with mining, fisheries, water, transport, cultural heritage, and planning regimes.

The most significant recent amendments reflect three policy drivers: cultural recognition, marine protection, and landscape-scale planning.

The Parks Victoria Act 2018 (commenced 2018) transferred management functions from the Secretary to Parks Victoria (ss 17(2), 19B, Part X transitional provisions). This professionalised governance, created the Great Ocean Road Coast and Parks Authority (Part IIA, inserted 2021), and imposed new reporting and Yarra River obligations (ss 20A–20C).

The National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 and subsequent marine amendments (e.g. 2005, 2009) added thirteen marine national parks and eleven marine sanctuaries (Schs 7, 8), prohibited fishing (s 45A), and required coastal and marine management plans to align with the Marine and Coastal Act 2018 (s 17(5)). These changes responded to declining marine biodiversity and aligned Victoria with national marine protected area targets.

The Parks and Crown Land Legislation Amendment Act 2020 introduced landscape conservation areas (s 17E, Sch 9), expanded traditional owner joint management (s 16A), and inserted extensive transitional provisions (s 48C, Sch 1). The Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025 further enlarged the estate, adding Mount Buangor, Pyrenees, Wombat-Lerderderg National Parks, Cobaw, Hepburn and Mirboo North Conservation Parks, and the Liwik Barring Landscape Conservation Area (new Parts 50–52 of Sch 2, new Parts 1AA–1AC of Sch 3, new Sch 9). These additions protect fragmented ecosystems, cultural landscapes, and riparian corridors while preserving pre-existing grazing and water licences (ss 32U, 30G, 30H).

Why these changes? Legislative evolution mirrors scientific recognition of connectivity, cultural resurgence (self-determination under the Traditional Owner Settlement Act 2010), and policy integration (Great Ocean Road strategic framework, Yarra Strategic Plan). Each amendment was accompanied by detailed consultation with traditional owners and advisory bodies, reflecting the Act's original 1975 objects while adapting them to 21st-century threats: climate change, invasive species, and cumulative development pressure.

The reported case law is sparse but illuminating. In Director of National Parks v Barritt [2003] FCA 780, the Federal Court considered whether commercial tour operators could claim native title rights to conduct tours in marine parks; the decision affirmed that the Act's licensing regime (now Division 3A) does not extinguish native title but regulates its exercise. Environment East Gippsland Inc v VicForests [2010] VSC 335 (affirmed on appeal) indirectly affected boundary management where logging roads abutted the Errinundra National Park wilderness zone (s 17C), highlighting tensions between s 17C(2) management exceptions and adjacent forestry operations.

Controversies have centred on grazing in the Alpine National Park. The 2005 National Parks (Alpine National Park Grazing) Act (ss 28, 50P) sought to phase out cattle grazing; litigation and political debate continued until the 2015 National Parks Amendment (Prohibiting Cattle Grazing) Act inserted s 28, prohibiting cattle introduction. Traditional owners successfully argued for cultural burning and access rights under joint management plans (ss 16B, 4D), leading to the 2010 and 2018 amendments.

Mining access remains contentious. Section 40(1C) permits exploration licences in the Greater Bendigo National Park below 100 m depth; community challenges have focused on whether "minor mining infrastructure" (s 40(1D)) complies with the "no substantial degradation" test in s 17(2)(aa). Fishing groups have contested marine sanctuary closures (s 45A), with prosecutions under s 45C testing the three-year limitation period (s 45E).

The 2020 expansion of landscape conservation areas (s 17E) and the 2025 Central West additions (new Parts 50–52 of Sch 2) have sparked debate over transitional grazing licences (s 32U) and the interaction with the Reference Areas Act 1978. No major constitutional challenges have succeeded, but the High Court's native title jurisprudence (Wik Peoples v Queensland (1996) 187 CLR 1; Western Australia v Ward (2002) 213 CLR 1) underpins the Act's repeated "native title not affected" clauses (ss 27B, 48A, Sch 1A).

Overall, litigation has clarified rather than undermined the statutory scheme, reinforcing that management powers must be exercised consistently with conservation objects (s 4) and procedural fairness (e.g. submissions on licence suspension, s 27K).

Most practitioners miss three recurring traps.

First, depth-based mineral titles in Greater Bendigo National Park (s 40(1C)–(1H)). A mining licence may be granted but only authorises infrastructure at or below 100 m depth; surface works require separate consent and must satisfy the "no substantial degradation" test (s 17(2)(aa)). Failure to obtain ministerial consent under s 40(1) renders the licence inoperative on park land.

Second, traditional owner exemptions (s 4D). The carve-out from offence provisions applies only to members of a traditional owner group bound by a Part 6 Traditional Owner Settlement Act agreement and only for "agreed activities" on "appointed land". Sections 32N (restricted areas in water catchments), 37 (weapons), 44 (guns), and 45 (obstruction) are expressly excluded. Compliance programs must verify both membership and strict adherence to the agreement.

Third, management plan hierarchy. A joint management plan under the Conservation, Forests and Lands Act 1987 prevails over an ordinary management plan to the extent of inconsistency (s 17(2AA)). Similarly, approved Great Ocean Road strategic framework plans and Yarra Strategic Plans bind Parks Victoria when preparing plans (ss 27BA–27BC). A plan prepared without regard to these instruments is vulnerable to judicial review for failing to take mandatory considerations into account.

Another subtle point: the Great Ocean Road Coast and Parks Authority's powers are limited to land for which it is appointed manager under s 16C or s 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 (s 16F). Actions taken outside that geographic scope are ultra vires. Finally, transitional grazing licences under s 32U expire after five years and are not renewable; many landholders assume continuity from pre-2020 arrangements.

Compliance begins with mapping. Every proponent must confirm whether land falls within a park by reference to the Central Plan Office plans listed in Schedules Two–Nine. Depth-based titles (Greater Bendigo, Castlemaine Diggings) require separate surface and subsurface analysis.

Due diligence checklist:

1. Determine land manager: Parks Victoria (default), Great Ocean Road Coast and Parks Authority (Great Ocean Road region), or Secretary (Yarra River land).

2. Obtain management plan: All activities must be consistent with the applicable plan (s 17(2)(d)). For joint managed land, verify the joint management plan is in force.

3. Secure authorisations:

   • Tour or recreational activity for profit: tour operator licence (s 27D).
   • Lease or licence >21 years: ministerial grant after Advisory Council consultation (s 19G).
   • Mining or exploration: ministerial consent (s 40(1)), evidence of no substantial degradation (s 17(2)(aa)).
   • Fishing or bait collection: research permit under s 21A or, outside marine parks, Fisheries Act authorisation.
   • Cattle movement or water works: specific rights under ss 30BA, 30G, 32U.

4. Consultation obligations: Traditional Owner Land Management Boards before entering s 16A agreements; water authorities in catchments (s 17(3)); Advisory Council before certain leases (s 19G(1)).

5. Record-keeping and reporting: Parks Victoria must report annually (s 35); lessees must demonstrate compliance with impact-minimisation conditions (s 19G(4)).

6. Incident response: Authorised officers may seize weapons (s 36) or direct cessation of polluting activity (s 38(e)). Self-reporting of environmental harm may mitigate penalties under s 47A.

Organisations should maintain a park compliance register cross-referenced to the latest Central Plan Office plans and current management plans. Annual audits against the objects in s 4 and the specific duties in ss 17, 17A, 17D, 17E, and 17F are recommended. Legal sign-off is prudent before any ground-disturbing work, livestock movement, or commercial tour, given the strict liability nature of many offences and the absence of a general due-diligence defence outside s 45D(2C).

By treating the Act as an integrated planning and enforcement statute rather than a mere prohibition list, compliance professionals can convert regulatory burden into demonstrable environmental stewardship.