National Parks Act 1975

30A Operations in the Alpine National Park 99

30AA Lease or licence to a generation company—Alpine National Park 100

30AB Agreement with a generation company—Alpine National Park 102

30B Protection of access rights of freeholders in Alpine National Park 102

30BA Rights to move cattle through the Alpine National Park 103

30C Protection of life occupancies in Alpine National Park 104

30D Protection of access rights to Murray–Sunset National Park 104

30E Change of name of Murray–Sunset National Park 105

30F Access rights—French Island National Park 105

30G Water distribution works authority in relation to certain parks 106

30H Dam licences—Greater Bendigo National Park, Castlemaine Diggings National Heritage Park 107

30I Protection of access rights of freeholders in relation to certain parks 108

30J Protection of access rights of freeholders in Mitchell River National Park 110

30K Right to move cattle or sheep through Heathcote-Graytown National Park and Broken-Boosey State Park 110

30L Right to move cattle through Barmah National Park 110

30M Works under water licences for certain parks 111

31 Croajingolong National Park 111

31AA Leases in Mount Buffalo National Park 112

31AABB Power of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park 113

31AAB Licences associated with lease—Mount Buffalo National Park 114

31AB Lease of O'Shannassy Lodge—Yarra Ranges National Park 115

32AA Glenample Homestead 116

32AB Tenancy of Rover Scout Chalet 117

32AC Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park 118

32AF Protection of access rights of freeholders in Wyperfeld National Park 118

32AH Protection of access rights of freeholders in Yarra Ranges National Park 119

32B Tenancies for surf lifesaving club purposes 120

32CA Arthurs Seat chairlift lease 123

32CC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease 124

32D Authorities to search for minerals in certain parks 125

32FAA Protection of access rights of freeholders in Cathedral Range State Park 128

32H Protection of designated water supply catchment areas and their water resources 129

32I Management agreements with managing water authorities 130

32J Access to property in designated water supply catchment areas 132

32K Control and management of structures and installations in designated water supply catchment areas 133

32L Extraction of forest produce from Kinglake National Park and Yarra Ranges National Park 133

32M Determination of disputes 134

32N Restricted areas in designated water supply catchment areas 134

32NA Management agreement with Barwon Water—Brisbane Ranges National Park 136

32O Access rights—French Island Marine National Park 136

32R Drainage licences—Cobboboonee National Park 137

32S Rehabilitation works—Great Otway National Park 138

32T Access rights—Yallock–Bulluk Marine and Coastal Park 139

32U Liwik Barring Landscape Conservation Area riparian management licences 141

Part IV—General 143

33 Rents etc. to be paid into the Consolidated Fund 143

35 Annual report 145

36 Seizure and forfeiture of guns and other weapons 146

37 Parks Victoria or the Great Ocean Road Coast and Parks Authority may consent to certain guns or other weapons being carried or used 148

37AA Parks Victoria or Great Ocean Road Coast and Parks Authority may consent to weapons other than guns being carried through parks 151

37A Parks Victoria may cause to be erected signs to indicate parks 152

38 Authorised officer may demand name etc. 155

38AA Production of identification 157

38A Powers of authorised officers within catchment areas 158

39 Application of section 188A of the Land Act 1958 158

40 Consent to mining leases and licences 159

40A Leases etc. under the Offshore Petroleum and Greenhouse Gas Storage Act 2010 deemed to be subject to conditions 165

40B Pipelines and seafloor cables in marine national parks and marine sanctuaries 166

41 Impounding of livestock 167

41A Land included in a park no longer reserved or affected by proclamation or Order 168

Part V—Offences and proceedings 169

Division 1—General offences 169

42 Use of certain names prohibited 169

43 Trades and businesses not to be carried on in parks unless authorised 169

44 Guns etc. not to be carried in parks 171

44A Offence to cut or take away fallen or felled trees 172

44B Offence to construct, remove, alter, or carry out maintenance on, a levee within specified areas 172

45 Persons not to obstruct etc. or to fail to comply with requests of authorised officers 174

Division 2—Offences in marine national parks and marine sanctuaries and related matters 175

45A Fishing offences in marine national parks and marine sanctuaries 175

45B Approval to remain in Point Hicks Marine National Park 179

45C Proceedings and enforcement under this Division 180

45D Liability for offences 180

45E Time for bringing proceedings 181

Division 3—Provisions relating to proceedings and other matters 181

47 Evidence 182

47A Compensation for damage to parks 183

47B General penalty provision 183

47D Management plan to be tabled 184

Part VI—Regulations and other matters 185

48 Regulations 185

48AA Tour operator licence regulations 191

48A Native title not affected by amendments 192

48B Describing lands in notice 193

48C Transitional provisions 193

48D Schedule One A has effect 193

Part VII—Transitional provisions 194

49AA Definition 194

49 Duties etc. of Director to become duties of Secretary 194

50N Native Title not affected by amendments 197

50P Licences not renewable 197

Part IX—Further transitional provisions 198

56 National Parks (Amendment) Act 2000—Continuation of leases 198

61 Definition—2005 Act 200

61A Continuation of lease—2005 Act 200

62A Saving of agreement 201

79 Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2020 204

Part X—Transitional provisions—Parks Victoria Act 2018 205

80 Definitions 205

81 Transfer of property from the Secretary to Parks Victoria 205

82 Saving of licences, permits, consents or authorities 207

83 Applications for tour operator licences and variations of tour operator licences 207

84 Agreements with Trust for Nature under section 19A 208

85 Agreements with public authorities under section 19C 208

86 Agreements with other governments under section 19D 208

87 References relating to Orders under section 19F 209

88 Management agreements with managing water authorities 209

89 Glenample Homestead 211

Schedules 212

Schedule One—Transitional provisions 212

Schedule One A—Native Title not affected 233

Schedule Two—National parks 239

Schedule Two A—Wilderness parks 256

Schedule Two B—State parks 257

Schedule Three—Other parks 268

Schedule Four 274

Schedule Five—Wilderness zones 281

Schedule Six—Remote and natural areas 285

Schedule Seven—Marine national parks 290

Schedule Eight—Marine sanctuaries 293

Schedule Nine—Landscape conservation areas 295

Endnotes 299

1 General information 299

2 Table of Amendments 301

3 Explanatory details 319

Version No. 182

National Parks Act 1975

No. 8702 of 1975

Version incorporating amendments as at

Preamble

WHEREAS it is in the public interest that certain Crown land characterized by its predominantly unspoilt landscape, and its flora, fauna or other features, should be reserved and preserved and protected permanently for the benefit of the public:

And whereas it is in the public interest that certain areas of Crown land with landscape or other features of particular interest or suitability for the enjoyment, recreation and education of the public of or in matters appertaining to the countryside should be reserved permanently and made available for the benefit of the public and in particular that there should be so reserved and made available—

(a) areas with scenic, historical, archaeological, biological, geological or other features of scientific interest that are worthy of preservation but, whether by reason of the limited size of the areas or the limited significance of the features, are not suitable for reservation as national parks;

(b) areas that demonstrate man's effect on his environment whether through his agricultural or pastoral pursuits or otherwise;

(c) areas in or adjacent to urban areas of natural beauty or interest or otherwise suitable for recreational use;

(d) areas of natural beauty or interest primarily for recreational and educational use but parts of which may be used for primary industry, hunting, shooting, fishing or other uses appropriate to the areas; and

(e) areas in their natural state for scientific study or reference:

And whereas for those purposes it is expedient to consolidate amend and make further provision in the law relating to national parks and to make provision for certain other parks.

BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

Part I—Preliminary

1 Short title and commencement

(1) This Act may be cited as the National Parks Act 1975.

(2) The several provisions of this Act shall come into operation on a day or on the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.

S. 1(3) amended by Nos 9114 s. 2(a)(b), 9247 s. 2(a)–(c), 9570 s. 7(2), 10073 s. 13(2)(a)(b), 10166 s. 14(2), repealed by No. 41/1987 s. 103(Sch. 4 item 49.1).

S. 2 repealed by No. 40/2020 s. 62.

3 Definitions

(1) In this Act unless inconsistent with the context or subject-matter—

S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 153(3).

accepted recommendation means—

(a) in relation to a report under
section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) (as the case requires) of that Act, that most recent response as amended; or

(b) if there is no response to which paragraph (a)(i) or (ii) applies,
the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

S. 3(1) def. of appointed land inserted by No. 62/2010 s. 124(1).

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 99.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of authorized officer substituted as authorised officer by
No. 66/2000 s. 35(1)(a), substituted by No. 68/2016 s. 169.

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a) Part 9 of the Conservation, Forests and Lands Act 1987; or

(b) Part 3 of the Victorian Fisheries Authority Act 2016;

S. 3(1) def. of Barwon Water inserted by No. 60/2005 s. 3(a).

Barwon Water means Barwon Region Water Authority constituted under Part 6 of the Water Act 1989;

S. 3(1) def. of Barwon water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(a), 54/2008 s. 3(a), 79/2013 s. 16(a), 40/2020 s. 63(b).

Barwon water supply catchment area means the land shown hatched on the plans numbered N.P. 111C/3, N.P. 111D/3, N.P. 111E/5, N.P. 111F/2 and N.P. 111G/2 and lodged in the Central Plan Office;

S. 3(1) def. of boat inserted by No. 40/2002 s. 3(a).

boat means any means of transportation on water;

S. 3(1) def. of cattle inserted by No. 16/2015 s. 3.

cattle means any animal of the species Bos taurus;

S. 3(1) def. of Central Plan Office inserted by No. 46/1998
s. 7(Sch. 1), amended by Nos 97/2003 s. 7, 79/2013 s. 16(b), substituted by No. 44/2016 s. 3, repealed by No. 53/2017 s. 18.

S. 3(1) def. of coastal and marine management plan inserted by No. 26/2018 s. 94(1).

coastal and marine management plan has the same meaning as in the Marine and Coastal Act 2018;

S. 3(1) def. of commercial fishing equipment inserted by No. 35/2010 s. 3.

commercial fishing equipment has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of committee repealed by No. 19/2018 s. 153(1).

Council means the National Parks Advisory Council established under this Act;

S. 3(1) def. of declared area inserted by No. 17/2018 s. 18.

declared area has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of designated water supply catchment area inserted by No. 57/1995 s. 4(1), amended by No. 50/2000 s. 4, substituted by No. 60/2005 s. 3(b), amended by No. 90/2009 s. 3(1)(a).

designated water supply catchment area means—

(a) any Melbourne water supply catchment area; or

(b) the Barwon water supply catchment area; or

(c) the Wannon water supply catchment area;

S. 3(1) def. of Director amended by Nos 41/1987 s. 116(4), 57/1995 s. 32(1), substituted by Nos 66/2000 s. 35(1)(b), 19/2018 s. 153(2).

Director means the Director of National Parks within the meaning of this Act as in force immediately before the commencement of section 49;

S. 3(1) def. of exploration licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).

exploration licence means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990;

S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 13.1).

film friendly principles has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 13.1).

film permit has the same meaning as in the Filming Approval Act 2014;

S. 3(1) def. of fish inserted by No. 40/2002 s. 3(a).

fish has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of fishing bait inserted by No. 40/2002 s. 3(a).

fishing bait has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of fund repealed by No. 9861 s. 3(1).

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 99.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 102.

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 99.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 99.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 99.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of gun
inserted by No. 9247 s. 4.

gun is a reference to a firearm, weapon or device of any description from which any shot, bullet or other missile can be discharged or propelled and includes any air‑gun and also includes any firearm, weapon or device from which for the time being any shot, bullet or other missile cannot be discharged or propelled because of the absence or defect of some part or parts thereof or because of some obstruction therein, but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would be capable of discharging a shot, bullet or other missile;

S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 31.1).

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 124(1).

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of landscape conservation area inserted by No. 40/2020 s. 63(a).

landscape conservation area means any land that, by reason of section 17E, is a landscape conservation area for the purposes of this Act;

S. 3(1) def. of managing water authority inserted by No. 60/2005 s. 3(a), amended by No. 90/2009 s. 3(1)(b).

managing water authority means—

(a) in the case of a designated water supply catchment that is a Melbourne water supply catchment area, Melbourne Water Corporation; or

(b) in the case of a designated water supply catchment that is the Barwon water supply catchment area, Barwon Water; or

(c) in the case of a designated water supply catchment that is the Wannon water supply catchment area, Wannon Water;

S. 3(1) def. of marine and coastal Crown land inserted by No. 26/2018 s. 94(1).

marine and coastal Crown land has the same meaning as in the Marine and Coastal Act 2018;

S. 3(1) def. of Marine and Coastal Strategy inserted by No. 26/2018 s. 94(1).

Marine and Coastal Strategy has the same meaning as in the Marine and Coastal Act 2018;

S. 3(1) def. of marine national park inserted by No. 40/2002 s. 3(a).

marine national park means any land that, by reason of section 17D, is a marine national park for the purposes of this Act;

S. 3(1) def. of marine sanctuary inserted by No. 40/2002 s. 3(a).

marine sanctuary means any land that, by reason of section 17D, is a marine sanctuary for the purposes of this Act;

S. 3(1) def. of Melbourne Water Corporation inserted by No. 60/2005 s. 3(a), amended by No. 85/2006 s. 173(Sch. 1 item 8.1).

Melbourne Water Corporation means Melbourne Water Corporation constituted under the Water Act 1989;

S. 3(1) def. of Melbourne water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 54/2008 s. 3(b), 79/2013 s. 16(c), 47/2025 s. 76.

Melbourne water supply catchment area means either—

(a) the land shown coloured blue on the plan numbered N.P. 8B/2 and lodged in the Central Plan Office; or

(b) the land shown coloured blue on the plans numbered N.P. 102A/3 and N.P. 102B/2 and lodged in the Central Plan Office;

S. 3(1) def. of miner's right inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).

miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

S. 3(1) def. of mining licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).

mining licence means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990;

national park means land that, by reason of section 17, is a national park for the purposes of this Act;

S. 3(1) def. of park amended by Nos 38/1989
ss 4, 18(3)(a), 40/2002 s. 3(b), 40/2020 s. 63(c).

park means a national park, State park, marine national park, marine sanctuary, landscape conservation area or land that by reason of section 17A or 18, is a park for the purposes of this Act;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 153(3).

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 115.1).

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed means prescribed by this Act or the Regulations;

S. 3(1) def. of priority species inserted by No. 40/2002 s. 3(a).

priority species has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of recreational fishing equipment inserted by No. 82/2009 s. 3.

recreational fishing equipment has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of reference area inserted by No. 35/2005 s. 3.

reference area means an area proclaimed to be a reference area under the Reference Areas Act 1978;

S. 3(1) def. of relevant land inserted by No. 70/1998 s. 4, repealed by No. 40/2002 s. 3(c).

S. 3(1) def. of remote and natural area inserted by No. 40/1992 s. 16.

remote and natural area means land that, by reason of section 21B, is a remote and natural area for the purposes of this Act;

S. 3(1) def. of rock lobster inserted by No. 35/2010 s. 3.

rock lobster has the same meaning as in the Fisheries Act 1995;

S. 3(1) def. of Rock Lobster Fishery Access Licence inserted by No. 35/2010 s. 3.

Rock Lobster Fishery Access Licence has the same meaning as under the Fisheries Act 1995;

S. 3(1) def. of rock lobster pot inserted by No. 35/2010 s. 3.

rock lobster pot has the same meaning as under the Fisheries Act 1995;

S. 3(1) def. of search inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).

search has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

S. 3(1) def. of Secretary inserted by No. 70/1998 s. 4.

Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of South West Water inserted by No. 60/2005 s. 3(a), repealed by No. 90/2009 s. 3(2).

S. 3(1) def. of South West water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(b), 54/2008 s. 3(c), repealed by No. 90/2009 s. 3(3).

S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 18.

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

S. 3(1) def. of take inserted by No. 40/2002 s. 3(a).

take means to gain possession or control of by any means;

S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 35.

tour operator licence means a licence granted under section 27D;

S. 3(1) def. of tourist fossicking authority inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).

tourist fossicking authority means a tourist fossicking authority under Part 5 of the Mineral Resources (Sustainable Development) Act 1990;

S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 124(1).

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

S. 3(1) def. of Wannon Water inserted by No. 90/2009 s. 3(4).

Wannon Water means Wannon Region Water Corporation constituted under Part 6 of the Water Act 1989;

S. 3(1) def. of Wannon water supply catchment area inserted by No. 90/2009 s. 3(5), amended by No. 79/2013 s. 16(d).

Wannon water supply catchment area means the land shown hatched on the plan numbered N.P. 111H/4 and lodged in the Central Plan Office;

S. 3(1) def. of wilderness zone inserted by No. 40/1992 s. 16, amended by No. 49/2017 s. 81(1).

wilderness zone means land that, by reason of section 22(4A) or (5), is a wilderness zone for the purposes of this Act;

S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 81(2).

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 81(2).

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 81(2).

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 81(2).

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

S. 3(2) amended by Nos 9921
s. 255, 41/1987
s. 103(Sch. 4 item 49.2), 12/1989
s. 4(1)(Sch. 2 item 85.1), 44/1989
s. 41(Sch. 2 item 29.1(a) (b)), 81/1989
s. 3(Sch. item 39(a)–(d)) (as amended by No. 25/1991
s. 5(2)(a)), 130/1993
s. 122(Sch. 4 item 10.1), 53/1994
s. 34(Sch. 1 item 6.1), 110/1994
s. 41(Sch. 1 item 7.1), 112/1994
s. 114(Sch. 5 item 6), 31/1995
s. 52(Sch. 1 item 7), 57/1995 s. 4(2), 104/1997
s. 53(1), 76/1998 s. 14, 30/2000 s. 37, 69/2000 s. 61(1), 66/2000 s. 35(2), 6/2010 s. 203(1)
(Sch. 6 item 32.1), 49/2019 s. 186(Sch. 4 item 31.2), 11/2024 s. 102, 14/2024 s. 16.

(2) In this Act a reference to a public authority includes a reference to Government Departments the Head, Transport for Victoria the Secretary the Gas Transmission Corporation, GASCOR, Melbourne Water Corporation, VENCorp, a distribution company, a transmission company, a generation company or an offshore wind energy generation company within the meaning of the Electricity Industry Act 2000, Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010, Authorities under the Water Act 1989 municipal councils and such other bodies corporate or unincorporate declared by Order of the Governor in Council published in the Government Gazette to be public authorities for the purposes of this Act.

Note to s. 3 inserted by No. 62/2010 s. 124(2).

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

4 Objects of Act

The objects of this Act are—

S. 4(a) amended by Nos 38/1989 s. 18(3)(b), 40/2002 s. 4.

(a) to make provision, in respect of national parks, State parks, marine national parks and marine sanctuaries—

S. 4(a)(i) amended by No. 40/1992 s. 13.

(i) for the preservation and protection of the natural environment including wilderness areas and remote and natural areas in those parks;

(ii) for the protection and preservation of indigenous flora and fauna and of features of scenic or archaeological, ecological, geological, historic or other scientific interest in those parks; and

(iii) for the study of ecology, geology, botany, zoology and other sciences relating to the conservation of the natural environment in those parks; and

S. 4(a)(iv) inserted by No. 37/1989 s. 13.

(iv) for the responsible management of the land in those parks;

S. 4(aa) inserted by No. 57/1995 s. 5.

(aa) to make further provision in respect of designated water supply catchment areas in national parks—

(i) for the protection of those areas; and

(ii) for the maintenance of the water quality and otherwise for the protection of the water resources in those areas; and

(iii) for the restriction of human activity in those areas for the purposes of subparagraphs (i) and (ii);

S. 4(ab) inserted by No. 38/1989 s. 5.

(ab) to make provision in respect of wilderness parks—

(i) for the protection, enhancement and management of those parks as wilderness so as to maximise the extent to which those parks are undisturbed by the influences of the European settlement of Australia; and

(ii) for the protection, preservation and evolution of the natural environment including indigenous flora and fauna and of features of ecological, geological, scenic, archaeological and other scientific significance; and

(iii) for the use and enjoyment of those parks by the public for inspiration, solitude and appropriate self-reliant recreation; and

(iv) for the study of ecology, geology, botany, zoology archaeology and other sciences relating to the environment in those parks;

S. 4(ac) inserted by No. 40/2020 s. 64.

(ac) to make provision in respect of landscape conservation areas for the protection, enhancement and management of those areas as part of a fragmented natural landscape for the purposes of nature conservation;

(b) in respect of parks described in Schedule Three—

(i) to make provision, insofar as is appropriate to each such park, for the protection and preservation of indigenous flora and fauna and of features of scenic or archaeological, ecological, historic or other scientific interest; and

(ii) subject to such provision as is made under subparagraph (i), to make provision for the public to observe, experience or otherwise become acquainted in those parks with the countryside and rural skills activities and pursuits and for carrying on, in those parks and for those purposes, agricultural, horticultural, or other agrarian projects and botanical, biological, ecological, geological, zoological, or other scientific studies or projects; and

(c) to make provision in accordance with the foregoing for the use of parks by the public for the purposes of enjoyment, recreation or education and for the encouragement and control of that use.

S. 4A inserted by No. 12/2004 s. 164.

4A Application of Road Management Act 2004

(1) A road under this Act is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2) The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a) the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

S. 4A(2)(b) amended by No. 44/2016 s. 4.

(b) if no notice is published, the Secretary.

S. 4B inserted by No. 6/2010 s. 25(5)(Sch. 2 item 8).

4B Transport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

S. 4C inserted by No. 51/2014 s. 9(Sch. 2 item 13.2).

4C Filming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

S. 4D inserted by No. 67/2016 s. 33.

4D Traditional owner agreement for natural resources

(1) If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to a member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2) For the purpose of subsection (1) the following provisions are specified—

(a) section 32N;

(b) section 37;

(c) section 44;

(d) section 45.

Part II—Administration

S. 5 amended by Nos 41/1987 s. 116(4), 57/1995 s. 32(2), 46/1998 s. 7(Sch. 1), substituted by Nos 70/1998 s. 5, 66/2000 s. 36, repealed by No. 19/2018 s. 154.

S. 6 substituted by No. 70/1998 s. 5, amended by No. 66/2000 s. 37, repealed by No. 19/2018 s. 154.

S. 7
repealed by No. 70/1998 s. 5.

S. 8
amended by Nos 50/1988
s. 93(2)(Sch. 2 Pt 2 item 39), 46/1998
s. 7(Sch. 1), repealed by No. 70/1998 s. 5.

S. 9
amended by Nos 9114
s. 11(c), 10166 s. 5, 46/1998
s. 7(Sch. 1), repealed by No. 70/1998 s. 5.

S. 10 amended by Nos 44/1986 s. 5(1), 45/1987 s. 205(Sch. item 100), 66/2000 s. 38(1)(2), 74/2000 s. 3(Sch. 1 item 87.1), substituted by No. 64/2004 s. 3, amended by No. 85/2006 s. 173(Sch. 1 item 8.3) (ILA s. 39B(1)).

10 National Parks Advisory Council

S. 10(1) amended by No. 85/2006 s. 173(Sch. 1 item 8.2), substituted by No. 53/2017 s. 19.

(1) For the purposes of this Act, there is a National Parks Advisory Council consisting of 8 members appointed by the Governor in Council of whom—

(a) 2 must be persons with skills or experience relating to the preservation and the protection of parks; and

(b) one must be a person who is a professor or teacher of ecology, biology or earth science at a university in Victoria; and

(c) one must be a person with experience in local government who resides in a municipality in which there is a park; and

(d) 4 must be persons (at least 2 of whom reside outside the metropolitan area) with experience in matters affecting the interests of the community.

S. 10(2) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3).

(2) In this section metropolitan area means—

(a) metropolitan area within the meaning of section 201 of the Melbourne and Metropolitan Board of Works Act 1958 (as in force immediately before its repeal); or

(b) any area declared by the Governor in Council under subsection (3) to be the metropolitan area.

S. 10(3) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3).

(3) The Governor in Council may, by Order published in the Government Gazette, declare an area to be the metropolitan area for the purposes of this section.

S. 10(4) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3).

(4) An Order made under subsection (3) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—

(a) wholly or partially or as amended by order or other instrument; or

(b) as formulated, issued, prescribed or published at the time the order is made or at any time before then.

S. 10(5) inserted by No. 85/2006 s. 173(Sch. 1 item 8.3), amended by No. 79/2013 s. 17.

(5) Subsection (4) does not apply to the incorporation of a map or plan of an area of land unless the map or plan is lodged in the Central Plan Office.

11 Functions of National Parks Advisory Council

(1) The functions of the National Parks Advisory Council are—

(a) to advise the Minister generally in relation to the administration of this Act and on particular matters in relation to that administration on which its advice is sought by the Minister;

S. 11(1)(aa) inserted by No. 50/2000 s. 5(1).

(aa) to advise the Minister on any proposed excision from a park referred to it by the Minister;

S. 11(1)(b) repealed by No. 64/2004 s. 4.

(c) to submit to the Minister within three months after each year ending on the 30th day of June a report on the performance of its functions during that year.

(2) The Minister shall cause a report under subsection (1) to be laid before both Houses of Parliament within three weeks after it is received or, if Parliament is not then sitting, within three weeks after the next assembling of Parliament.

S. 11(3) inserted by No. 50/2000 s. 5(2).

(3) The Minister must cause a copy of any advice received under subsection (1)(aa) to be laid before both Houses of Parliament within 10 sitting days after it is received.

S. 12 amended by Nos 9114 s. 5, 9212 s. 2(2), 9570 s. 11(1), 41/1987 s. 103(Sch. 4 items 49.3, 49.4), 38/1995 s. 21(a), repealed by No. 64/2004 s. 5.

13 Members of National Parks Advisory Council

S. 13(1) amended by Nos 66/2000 s. 38(3)(a), 47/2025 s. 89(1).

(1) A member of the National Parks Advisory Council holds office for such period, not exceeding three years, as is specified in the instrument of appointment but is eligible for re‑appointment.

S. 13(2) amended by No. 66/2000 s. 38(3)(a).

(2) The Governor in Council may remove a member of the Council from office.

S. 13(3) amended by Nos 66/2000 s. 38(3)(a), 47/2025 s. 89(2).

(3) A member of the Council may resign the member's office by writing signed by the member and delivered to the Governor in Council.

S. 13(4) amended by Nos 10166 s. 6(1), 66/2000 s. 38(3)(a), substituted by No. 53/2017 s. 20(1).

(4) A member of the Council is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.

S. 13(5) amended by Nos 10166 s. 7(1), 66/2000 s. 38(3)(b).

(5) The Convenor of the Council is such member of the Council as is for the time being appointed as Convenor by the Governor in Council[1].

S. 13(5A) inserted by No. 66/2000 s. 38(4), repealed by No. 53/2017 s. 20(2).

S. 13(6) amended by No. 10166 s. 7(1).

(6) Meetings of the Council shall be convened by the Convenor[2].

(7) At a meeting a quorum is constituted by a majority of the members of the Council for the time being holding office.

S. 13(8) amended by Nos 10166 s. 7(1), 47/2025 s. 89(3).

(8) The Convenor shall preside at a meeting of the Council at which the Convenor is present and if the Convenor is not present at a meeting, the members present shall elect one of their number to preside at the meeting[3].

(9) Subject to this Act and the regulations, the Council may regulate its proceedings.

S. 14 amended by Nos 10166 s. 7(2), 53/2017 s. 21, repealed by No. 19/2018 s. 155.

S. 15 amended by No. 70/1998 s. 14(Sch. item 1), repealed by No. 19/2018 s. 155.

No. 8083 s. 12(8).

S. 16 amended by Nos 19/2018 s. 156, 5/2019 s. 81(2).

16 Certain offices deemed not to be office of profit under Crown

Where a member of Parliament or a person who is receiving or is entitled to receive a pension under Division 4 of Part II of The Constitution Act Amendment Act 1958 or a superannuation benefit under the Parliamentary Contributory Superannuation Act 1962 or the Parliamentary Salaries, Allowances and Superannuation Act 1968, is or is appointed a member of the Council receives a fee or a travelling or other allowance under this Act such member or person shall not for the purposes of Division 4 of the said Part II or of section 8 of the Parliamentary Contributory Superannuation Act 1962 or of section 23 of the Parliamentary Salaries, Allowances and Superannuation Act 1968 (as the case may be) be deemed to have accepted or held an office or place of profit under the Crown.

S. 16A inserted by No. 70/1998 s. 6, amended by Nos 40/2002 s. 5, 82/2009 s. 4 (ILA s. 39B(1)), 62/2010 s. 125 substituted by No. 19/2018 s. 157.

16A Management agreements with Traditional Owner Land Management Boards

(1) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a) the management of any land in a park that is appointed land of that Board; or

(b) the carrying out of specified functions, powers or duties in relation to the management of any land in a park, that is appointed land of that Board.

S. 16A(2) amended by No. 42/2021 s. 103(1).

(2) The Secretary must consult with Parks Victoria, or the Great Ocean Road Coast and Parks Authority for land managed under this Act that is controlled and managed by the Great Ocean Road Coast and Parks Authority, before entering into a management agreement under subsection (1).

(3) In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4) If an agreement under subsection (1)—

S. 16A(4)(a) amended by No. 42/2021 s. 103(2)(a).

(a) provides for a Traditional Owner Land Management Board to manage any land in a park that would otherwise be managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) does not have power to manage that land, to the extent of the agreement; or

S. 16A(4)(b) amended by No. 42/2021 s. 103(2)(b).

(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a park that would otherwise be carried out by Parks Victoria or the Great Ocean Road Coast and Parks Authority, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) does not have power to carry out that function, power or duty, to the extent of the agreement.

(5) Subsection (4) has effect despite any provision of this Act or any other enactment to the contrary.

S. 16B inserted by No. 62/2010 s. 126.

16B Land to be managed consistently with joint management plan

If any appointed land of a Traditional Owner Land Management Board constitutes the whole or any part of a park under this Act, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.

Pt 2A (Heading and ss 16C–16F) inserted by No. 42/2021 s. 104.

Part IIA—Great Ocean Road Coast and Parks Authority—land management

S. 16C inserted by No. 42/2021 s. 104.

16C Appointment of Great Ocean Road Coast and Parks Authority as land manager

(1) The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may appoint the Great Ocean Road Coast and Parks Authority as land manager for any land managed under this Act within the Great Ocean Road coast and parks.

See also section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 and Schedule 1 to that Act.

(2) The Minister may only recommend that the Great Ocean Road Coast and Parks Authority be appointed land manager after receiving approval of that proposed appointment by all other Ministers who—

(a) administer this Act; and

(b) administer the Parks Victoria Act 2018.

(3) On an Order under subsection (1), the Great Ocean Road Coast and Parks Authority has control and management of land for which it is appointed as land manager.

(4) An order under subsection (1) must not be inconsistent with a management agreement under section 16A(1).

S. 16D inserted by No. 42/2021 s. 104.

16D Management agreements with Parks Victoria

The Great Ocean Roads Coast and Parks Authority must not enter into a management agreement for or relating to the following unless the agreement is entered into with Parks Victoria on the approval of the Minister and the Minister administering the Parks Victoria Act 2018—

(a) the management of any or all land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1); or

(b) the carrying out of specified functions, powers or duties in relation to the management of any land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1).

S. 16E inserted by No. 42/2021 s. 104.

16E Great Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria

The Great Ocean Road Coast and Parks Authority must provide Parks Victoria with any information Parks Victoria reasonably requires to comply with section 35.

S. 16F inserted by No. 42/2021 s. 104.

16F Great Ocean Road Coast and Parks Authority's performance and exercise of functions and powers

The Great Ocean Road Coast and Parks Authority may only perform a function or exercise a power under this Act to the extent that it relates to the land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager under—

(a) an Order under section 16C(1); or

Pt 3
(Heading) amended by No. 38/1989 s. 18(3)(c).

Part III—National parks, State parks and other parks

Pt 3 Div. 1 (Heading) amended by No. 38/1989 s. 18(3)(d).

Division 1—National parks and State parks

17 National parks and State parks

(1) Each area of land described in a part of Schedule Two is, for the purposes of this Act, a national park under the name specified in that part.

S. 17(1A) inserted by No. 38/1989 s. 18(1).

(1A) Each area of land described in a part of Schedule Two B is, for the purposes of this Act, a State park under the name specified in that part.

S. 17(2) amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(1), 42/2021 s. 105(1).

(2) Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria has the control and management of each national and State park and must—

S. 17(2)(a) amended by No. 38/1989 s. 18(2)(a).

(a) ensure that each national park and State park is controlled and managed, in accordance with the objects of this Act, in a manner that will—

(i) preserve and protect the park in its natural condition for the use, enjoyment and education of the public;

(ii) preserve and protect indigenous flora and fauna in the park;

(iii) exterminate or control exotic fauna in the park;

(iv) eradicate or control exotic flora in the park; and

(v) preserve and protect wilderness areas in the park and features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;

S. 17(2)(aa) inserted by No. 50/2002 s. 4(1).

(aa) have regard to all classes of management actions that may be implemented for the purposes of maintaining and improving the ecological function of the park;

S. 17(2)(b) amended by Nos 38/1989 s. 18(2)(b), 19/2018 s. 158(2).

(b) consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, appropriate and sufficient measures are taken to protect each national park and State park from injury by fire;

S. 17(2)(ba) inserted by No. 57/1995 s. 6(1).

(ba) ensure that appropriate and sufficient measures are taken (including seeking the making of an appropriate agreement under section 32I(1))—

(i) to protect designated water supply catchment areas; and

(ii) to maintain the water quality of and otherwise protect the water resources in those areas; and

(iii) to restrict human activity in those areas for the purposes of subparagraphs (i) and (ii);

S. 17(2)(c) amended by No. 38/1989 s. 18(2)(c).

(c) promote and encourage the use and enjoyment of national parks and State parks by the public and the understanding and recognition of the purpose and significance of national parks and State parks; and

S. 17(2)(d) amended by Nos 38/1989 s. 18(2)(d), 19/2018 s. 158(3).

(d) prepare a plan of management in respect of each national park and State park, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

S. 17(2AA) inserted by No. 62/2010 s. 127(1).

(2AA) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a national park or State park, a management plan prepared under subsection (2)(d) does not have effect in so far as a joint management plan is in effect for that land.

S. 17(2A)(2B) inserted by No. 50/2002 s. 4(3), repealed by No. 53/2017 s. 22.

S. 17(3) inserted by No. 57/1995 s. 6(2), amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(4).

(3) Parks Victoria, before exercising any power or performing any function or duty under this Act in a designated water supply catchment area, must, in so far as is reasonably necessary, consult with Melbourne Water Corporation.

S. 17(4) inserted by No. 57/1995 s. 6(2), amended by Nos 70/1998 s. 14(Sch. item 2), 19/2018 s. 158(5).

(4) It is sufficient compliance with subsection (3) for Parks Victoria to have entered into a management agreement with Melbourne Water Corporation under section 32I.

S. 17(5) inserted by No. 26/2018 s. 94(2), amended by Nos 40/2020 s. 65, 42/2021 s. 105(2).

(5) On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

S. 17(6) inserted by No. 42/2021 s. 105(3).

(6) The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

S. 17(7) inserted by No. 42/2021 s. 105(3).

(7) Despite subsections (2) and (5), Parks Victoria must prepare a plan of management for the Great Otway National Park.

S. 17(8) inserted by No. 42/2021 s. 105(3).

(8) In preparing a plan of management referred to in subsection (7), Parks Victoria must obtain approval from the Great Ocean Road Coast and Parks Authority for any part of the plan related to land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

S. 17(9) inserted by No. 42/2021 s. 105(3).

(9) Subsection (8) does not prevent Parks Victoria from including a plan of management referred to in subsection (7) as part of a land management plan within the meaning of section 3 of the Parks Victoria Act 2018.

Pt 3 Div. 1A (Heading and ss 17A–17C) inserted by No. 38/1989 s. 6.

Division 1A—Wilderness parks

S. 17A inserted by No. 38/1989 s. 6.

17A Wilderness parks—Schedule Two A

(1) Each area of land described in a part of Schedule Two A is, for the purposes of this Act, a wilderness park under the name specified in that part.

S. 17A(2) amended by Nos 70/1998 s. 14(Sch. item 3), 19/2018 s. 159(1).

(2) Subject to any agreement entered into under section 16A(1), Parks Victoria has the control and management of each wilderness park and must ensure that each wilderness park is controlled and managed in accordance with the objects of this Act in a manner that will protect and enhance the park as a wilderness including, insofar as is practicable and appropriate, the taking of measures—

(a) to preserve and protect—

(i) the natural environment including indigenous flora and fauna and features of ecological, geological or scenic significance; and

(ii) features of archaeological or historic significance; and

(iii) features of scientific significance; and

S. 17A(2)(ab) inserted by No. 19/2018 s. 159(2).

(ab) to consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, appropriate and sufficient measures are taken to protect each wilderness park from injury by fire; and

(b) for the eradication or control of non-indigenous flora and non-indigenous fauna; and

(c) for the control of indigenous fauna to the extent necessary for the preservation and protection of any species; and

(d) subject to paragraph (a), for the removal of evidence of developments of non-aboriginal origin.

S. 17A(3) amended by Nos 70/1998 s. 14(Sch. item 3), 19/2018 s. 159(3).

(3) Subject to subsection (2), Parks Victoria—

(a) must ensure that opportunities are provided for solitude and appropriate self-reliant recreation in a wilderness park; and

(b) must promote the understanding and appreciation of the purpose and significance of wilderness and the proper use of wilderness by the public.

S. 17B inserted by No. 38/1989 s. 6, amended by Nos 70/1998 s. 14(Sch. item 4), 62/2010 s. 127(2) (ILA s. 39B(1)).

17B Management plans

S. 17B(1) amended by No. 19/2018 s. 160.

(1) Parks Victoria must, within two years of the inclusion of each wilderness park in Schedule Two A, prepare a management plan in respect of the park which must be consistent with the principles set out in this Division for the management of wilderness parks, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

S. 17B(2) inserted by No. 62/2010 s. 127(2).

(2) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a wilderness park, a management plan prepared under subsection (1) does not have effect in so far as a joint management plan is in effect for that land.

S. 17B(3) inserted by No. 26/2018 s. 94(3), amended by No. 40/2020 s. 66.

(3) On and after the preparation of a Marine and Coastal Strategy, Parks Victoria must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

S. 17C inserted by No. 38/1989 s. 6.

17C Prohibition on development and other activities

S. 17C(1) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(1).

(1) Parks Victoria must ensure that in a wilderness park—

(a) there are no roads, structures or installations; and

(b) no commercial activity or development is carried out; and

(c) there is no use of any form of motorized or mechanical transport; and

(d) there is no use of any non-indigenous animal; and

(e) there is no hunting.

(2) Subsection (1) does not apply to—

S. 17C(2)(a) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(2).

(a) any road, structure or installation or any use of motorized or mechanical transport or any use, control or destruction of non-indigenous animals which Parks Victoria considers is essential for the responsible management of the park; or

(b) permanent survey markers existing at the date of commencement of section 6 of the National Parks (Amendment) Act 1989; or

S. 17C(2)(c) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(2).

(c) any commercial tours or activities not involving motorized or mechanical transport or the use of animals which Parks Victoria considers is appropriate for the appreciation and understanding of wilderness; or

S. 17C(2)(d) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(2).

(d) any non-commercial mechanical activity approved by Parks Victoria; or

S. 17C(2)(e) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(2).

(e) any scientific investigation or study of wilderness parks which Parks Victoria considers is appropriate and does not affect the value of the area as wilderness and cannot be carried out elsewhere; or

S. 17C(2)(f) amended by Nos 40/1992 s. 8(a), 70/1998 s. 14(Sch. item 5), 74/2000 s. 3(Sch. 1 item 87.2), 19/2018 s. 161(3).

(f) any measures which Parks Victoria or the Secretary considers are necessary to provide for the health and safety of persons within the area, the prevention and control of fire or emergencies relating to the control of diseases; or

S. 17C(2)(g) inserted by No. 40/1992
s. 8(a).

(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.

S. 17C(3) amended by Nos 70/1998 s. 14(Sch. item 5), 19/2018 s. 161(4).

(3) In a wilderness park, Parks Victoria or the Secretary (as the case may be) may carry out works and maintenance necessary to enable anything permitted under subsection (2) to be done and, where degradation has occurred as a result of essential management activities, must undertake rehabilitation as soon as practicable.

Pt 3 Div. 1B (Heading and s. 17D) inserted by No. 40/2002 s. 6.

Division 1B—Marine national parks and marine sanctuaries

S. 17D inserted by No. 40/2002 s. 6.

17D Marine national parks and marine sanctuaries

(1) The land described in a Part of Schedule Seven is, for the purposes of this Act, a marine national park under the name specified in that Part.

(2) The land described in a Part of Schedule Eight is, for the purposes of this Act, a marine sanctuary under the name specified in that Part.

S. 17D(3) amended by Nos 19/2018 s. 162(1), 42/2021 s. 106(1).

(3) Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) has the control and management of each marine national park and marine sanctuary and must—

(a) ensure that each marine national park and each marine sanctuary is controlled and managed, in accordance with the objects of this Act, in a manner that will—

(i) preserve and protect the natural environment and indigenous flora and fauna of the park and any features of the park which are of geological, geomorphological, ecological, scenic, archaeological, historic or other scientific interest; and

(ii) promote the prevention of the introduction of exotic flora and fauna into the park; and

(iii) provide for the eradication or control of exotic flora and fauna found in the park; and

(b) subject to paragraph (a)—

(i) provide for the use, enjoyment and understanding of marine national parks and marine sanctuaries by the public; and

(ii) promote an understanding of the purpose and significance of marine national parks and marine sanctuaries; and

S. 17D(3)(c) amended by No. 19/2018 s. 162(2).

(c) prepare a plan of management in respect of each marine national park and each marine sanctuary, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

S. 17D(4) inserted by No. 62/2010 s. 127(3).

(4) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a marine national park or a marine sanctuary, a management plan prepared under subsection (3)(c) does not have effect in so far as a joint management plan is in effect for that land.

S. 17D(5) inserted by No. 26/2018 s. 94(4), amended by Nos 40/2020 s. 67, 42/2021 s. 106(2).

(5) On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

S. 17D(6) inserted by No. 42/2021 s. 106(3).

(6) The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

Pt 3 Div. 1C (Heading and ss 17E, 17F) inserted by No. 40/2020 s. 68.

Division 1C—Landscape conservation areas

S. 17E inserted by No. 40/2020 s. 68.

17E Landscape conservation areas

(1) Each area of land described in a part of Schedule Nine is, for the purposes of this Act, a landscape conservation area under the name specified in that part.

(2) A landscape conservation area may comprise any of the following—

(a) nature conservation areas;

(b) community use and education areas;

(c) natural features areas.

(3) A landscape conservation area must be managed for the following purposes—

(a) for any part that is a nature conservation area, for the purposes of—

(i) conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(ii) protecting cultural heritage; and

(iii) if consistent with the purposes in subparagraphs (i) and (ii), providing opportunities for recreation, education and scientific study;

(b) for any part that is for a community use and education area, for the purposes of—

(i) providing for community use, education and scientific study; and

(ii) as is appropriate to the particular area—

(A) conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(B) maintaining or restoring natural surroundings and the character and quality of the landscape; and

(C) protecting cultural heritage;

(c) for any part that is a natural features area, for the purposes of—

(i) conserving and protecting the natural environment, including species, communities and habitats of indigenous flora and fauna; and

(ii) protecting and restoring areas with indigenous vegetation or habitat; and

(iii) protecting scenic features and the character and quality of the landscape; and

(iv) protecting water quality where appropriate; and

(v) protecting cultural heritage; and

(vi) if consistent with the purposes in subparagraphs (i), (ii), (iii), (iv) and (v), providing opportunities for recreation, education and scientific study.

S. 17F inserted by No. 40/2020 s. 68.

17F Management and control of landscape conservation areas by Parks Victoria

Subject to any agreement entered into under section 16A(1), Parks Victoria has the control and management of each landscape conservation area and must—

(a) ensure that each landscape conservation area is controlled and managed in accordance with the objects of this Act in a manner that—

(i) achieves the purposes set out in section 17E(3) for each area type that comprises the landscape conservation area; and

(ii) eradicates or controls exotic flora and fauna in the landscape conservation area; and

(b) consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each landscape conservation area from injury by fire; and

(c) prepare a plan of management in respect of each landscape conservation area, which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

Division 2—Other parks

18 Other parks

(1) Each area of land described in a part of Schedule Three is, for the purposes of this Act, a park under the name specified in that part.

S. 18(2) amended by Nos 70/1998 s. 14(Sch. item 6), 19/2018 s. 163(1), 42/2021 s. 107(1).

(2) Subject to any agreement entered into under section 16A(1), any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) must—

(a) ensure that each park referred to in subsection (1) is controlled and managed in accordance with the objects of this Act in a manner that will, insofar as is appropriate to the park—

(i) preserve, protect and re-establish indigenous flora and fauna in the park;

(ii) preserve and protect features in the park of scenic, archaeological, ecological, geological, historic or other scientific interest;

(iii) enable the park to be used by the public for the enjoyment, observation and study of the countryside and its pursuits, its flora and fauna, its ecology and geology and other features; and

(iv) control exotic flora and fauna in the park;

S. 18(2)(b) amended by No. 19/2018 s. 163(2).

(b) consult, as far as is practicable, with the Secretary to ensure that, as far as is practicable, proper and sufficient measures are taken to protect each park referred to in subsection (1) from injury by fire;

(c) promote and encourage the use and enjoyment of parks referred to in subsection (1) by the public; and

S. 18(2)(d) amended by No. 19/2018 s. 163(3).

(d) prepare a plan of management in respect of each park referred to in subsection (1), which may be included as part of a land management plan within the meaning of Division 4 of Part 3 of the Parks Victoria Act 2018.

S. 18(3) inserted by No. 62/2010 s. 127(2).

(3) In the case of any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of a park to which this section applies, a management plan prepared under subsection (2)(d) does not have effect in so far as a joint management plan is in effect for that land.

S. 18(4) inserted by No. 26/2018 s. 94(5), amended by Nos 40/2020 s. 69, 42/2021 s. 107(2).

(4) On and after the preparation of a Marine and Coastal Strategy, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) must ensure that a management plan, to the extent that the plan applies to marine and coastal Crown land, is prepared having regard to the requirements for preparing a coastal and marine management plan in Division 1 of Part 7 of the Marine and Coastal Act 2018.

S. 18(5) inserted by No. 42/2021 s. 107(3).

(5) The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

Division 3—General provisions

No. 8083 s. 6.

19 Powers of Minister

(1) The Minister—

(a) may accept gifts, devises, bequests and assignments of real or personal property whether on trust or otherwise;

(b) may accept a gift or devise of land subject to a condition entitling the donor or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period; and

(c) may act as executor or administrator of an estate or as trustee of moneys or other property where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.

S. 19(2) amended by Nos 44/1986 s. 6(i)(ii), 38/1989 s. 7, repealed by No. 45/2013 s. 4.

S. 19(2A) inserted by No. 9114 s. 6, re-numbered as s. 19(3) by No. 9570 s. 4(a), repealed by No. 45/2013 s. 4.

S. 19(4) Inserted by No. 9570 s. 4(b), amended by No. 10073 s. 5(a)(b).

(4) Where land has been purchased or acquired (or possession of land has been taken under a contract for the purchase of land) under section 5 of the Crown Land (Reserves) Act 1978 for the purposes of a park or any purpose mentioned in section 5(2) of that Act the Minister notwithstanding the provisions of section 5(7) of that Act—

S. 19(4)(a) amended by No. 47/2025 s. 90(a).

(a) may enter into an agreement for the occupation of the land by the vendor of the land or the vendor's nominee subject to such terms and conditions as the Minister thinks fit;

S. 19(4)(b) amended by No. 47/2025 s. 90(b).

(b) may grant a tenancy of or a permit to manage or occupy a building or facility on the land at such rent, charge or fee for such period not exceeding seven years and subject to such terms and conditions as the Minister thinks fit; and

S. 19(4)(c) amended by Nos 10073 s. 5(c), 47/2025 s. 90(b).

(c) may grant a licence in respect of the land for such fees and other charges and for such period not exceeding seven years and subject to such terms and conditions as the Minister thinks fit for any purpose or any purpose of a like nature to a purpose for which the land was being used at the time it was purchased or acquired or possession of it was taken.

S. 19AA inserted by No. 10166 s. 8.

19AA Management of land prior to its reservation

S. 19AA(1) amended by Nos 38/1989 s. 19(a), 70/1998 s. 14(Sch. item 7), 19/2018 s. 164(1), 42/2021 s. 108(1).

(1) Subject to section 19B, where possession of land has been taken pursuant to the compulsory acquisition of the land or under a contract for the purchase of the land under section 5 of the Crown Land (Reserves) Act 1978 for the purposes of a park or for any purpose referred to in paragraphs (l) to (o) of section 4(1) of the Crown Land (Reserves) Act 1978 the Minister may direct Parks Victoria or the Great Ocean Road Coast and Parks Authority to undertake the management of the land pursuant to this section until the land is placed under the control and management of Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) pursuant to section 18(1) of the Crown Land (Reserves) Act 1978.

S. 19AA(2) amended by Nos 70/1998 s. 14(Sch. item 7), 19/2018 s. 164(2), 42/2021 s. 108(2).

(2) Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of land pursuant to a direction of the Minister under subsection (1)—

(a) the land shall be used and managed as though it were a park; and

S. 19AA(2)(aa) inserted by No. 38/1989 s. 19(b).

(aa) regulations made under this Act, which apply to land described in Schedule Three apply to the land—

(i) insofar as they are specified to apply by proclamation of the Governor in Council published in the Government Gazette; and

(ii) until regulations are made under paragraph (b) which apply to the land; and

(b) the Governor in Council may make regulations in respect of the land as though the land were a park.

S. 19A (Heading) inserted by No. 54/2008 s. 4.

S. 19A inserted by No. 9114 s. 7.

19A Management agreements with Trust for Nature

S. 19A(1) amended by Nos 38/1995
s. 21(b), 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(1), 42/2021 s. 109(1).

(1) Where land vested in the Trust for Nature (Victoria) (hereinafter called "the Trust") will in the future be surrendered and conveyed or transferred to the Crown for use as a park (whether within the meaning of this Act or not) or part of a park (whether within the meaning of this Act or not) or for a purpose or purposes (whether described in the same terms or terms to the like effect) for which it is within the object of this Act to make provisions in relation to a park and the land is suitable to be a park or part of a park under this Act the Minister may enter into an agreement with the Trust for the management of the land by Parks Victoria or the Great Ocean Road Coast and Parks Authority.

S. 19A(2) amended by Nos 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(2), 42/2021 s. 109(2).

(2) Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of land pursuant to an agreement under this section, the land shall be used and managed as though it was (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

S. 19A(2A) inserted by No. 10166 s. 9, amended by No. 19/2018 s. 165(3).

(2A) Where an agreement is in force under this section for the management of land—

(a) sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48; and

S. 19A(2A)(b) amended by Nos 38/1989 s. 8, 45/2013 s. 5, 54/2015 s. 3, 12/2016 s. 28(a).

(b) sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides; and

S. 19A(2A)(c) inserted by No. 12/2016 s. 28(b).

(c) any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides—

shall have effect in and in respect of the land as if it were (as the case requires in accordance with the agreement) a national park, State park or other park or part of a national park, State park or other park.

S. 19A(3) amended by Nos 19/2018 s. 165(4), 40/2020 s. 70.

(3) The Governor in Council may make regulations with respect to land subject to an agreement under this section as though the land was (as the case requires in accordance with the agreement) land described in Schedule Two, Schedule Two B, Schedule Three or Schedule Nine.

S. 19A(4) amended by Nos 70/1998 s. 14(Sch. item 8), 19/2018 s. 165(1), 42/2021 s. 109(3).

(4) Nothing in this section shall be construed as authorizing the Minister, Parks Victoria, the Great Ocean Road Coast and Parks Authority, the Governor in Council or any other person to do or agree to do or cause or permit to be done or make any provision for the doing of anything which would not be consistent with any trust condition covenant or other restriction relating to the use of any land referred to in subsection (1).

S. 19B (Heading) inserted by No. 19/2018 s. 166(1).

S. 19B inserted by No. 9247 s. 14.

19B Parks Victoria to manage reserved land

S. 19B(1) amended by Nos 70/1998 s. 14(Sch. item 9), 50/2002 s. 4(2), 19/2018 s. 166(2).

(1) Where any land temporarily or permanently reserved under section 4 of the Crown Land (Reserves) Act 1978 is placed under the control and management of Parks Victoria pursuant to section 18 of that Act Parks Victoria shall control manage and use the land for the purposes for which it is reserved.

Note to s. 19B(1) inserted by No. 19/2018 s. 166(3).

See section 67I of the Conservation, Forests and Lands Act 1987 for a transitional provision relating to section 18(1) of the Crown Land (Reserves) Act 1978.

S. 19B(2) amended by Nos 70/1998 s. 14(Sch. item 9), 19/2018 s. 166(4).

(2) For the purposes of this section Parks Victoria shall be deemed to have the same powers functions and duties as a committee of management under section 15(1) of the Crown Land (Reserves) Act 1978.

S. 19B(3) amended by Nos 70/1998 s. 14(Sch. item 9), 19/2018 s. 166(5).

(3) Despite subsections (1) and (2), where land is subject to an accepted recommendation, Parks Victoria may give effect to that accepted recommendation even if the accepted recommendation conflicts with the purposes for which the land is reserved.

S. 19B(4) amended by Nos 70/1998 s. 14(Sch. item 9), 19/2018 s. 166(4).

(4) The Governor in Council may on the recommendation of Parks Victoria make regulations for and with respect to any of the matters referred to in subparagraphs (ii) to (xi) of section 13(1) of the Crown Land (Reserves) Act 1978 in relation to the land as if—

S. 19B(4)(a) amended by Nos 70/1998 s. 14(Sch. item 9), 19/2018 s. 166(4).

(a) any reference in that section to a committee of management were a reference to Parks Victoria; and

(b) any reference in that section to the land were a reference to land under this section.

S. 19B(5) inserted by No. 9570 s. 5, amended by Nos 51/2016 s. 14(1), 19/2018 s. 166(6).

(5) Subsections (2A), (3A), (7) and (8) of section 13 of the Crown Land (Reserves) Act 1978 apply to regulations made under subsection (4) of this section as if they had been made under section 13(1) of the Crown Land (Reserves) Act 1978 and as if the reference in subsection (8) to officers and servants employed by the committee of management or the trustee of any land was a reference to employees of Parks Victoria.

Note to s. 19B(5) inserted by No. 51/2016 s. 14(2).

See section 34 of the Crown Land (Reserves) Act 1978 for transitional provisions relating to penalties.

S. 19B(6) inserted by No. 38/1989
s. 20, amended by Nos 70/1998 s. 14(Sch. item 9), 50/2002 s. 4(4), 19/2018 s. 166(4).

(6) Despite section 18(2) of the Crown Land (Reserves) Act 1978, regulations made under section 13 of that Act continue to apply to land placed under the control and management of Parks Victoria under section 18 of that Act until regulations are made under subsection (4).

S. 19B(7) inserted by No. 38/1989 s. 20.

(7) A reference to an authorised officer in regulations to which subsection (6) applies is to be taken to mean an authorised officer under this Act.

S. 19C inserted by No. 9570 s. 6.

19C Minister may make management agreements with public authorities

S. 19C(1) amended by Nos 44/1986 s. 7, 70/1998 s. 14(Sch. item 10), 19/2018 s. 167, 42/2021 s. 110(1).

(1) Where any land is vested in or controlled or managed by a public authority the Minister and the public authority may enter into an agreement for the management of the land by Parks Victoria or the Great Ocean Road Coast and Parks Authority as if it were part of a park specified in the agreement.

(2) Where an agreement is in force under this section for the management of land—

(a) the land shall, except as otherwise expressly provided in the agreement, be controlled and managed as if it were part of the park specified in the agreement;

S. 19C(2)(b) amended by No. 10166 s. 10.

(b) sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48 and the regulations under this Act applying to the park shall have effect in and in respect of the land as if it were part of the park specified in the agreement; and

S. 19C(2)(c) amended by Nos 38/1989 s. 9, 57/1995 s. 7, 45/2013 s. 6, 54/2015 s. 3.

(c) such of sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25A, 26, 26A, 33 and 40 as the agreement specifically provides shall have effect in and in respect of the land as if it were part of the park specified in the agreement; and

S. 19C(2)(ca) inserted by No. 12/2016 s. 29.

(ca) any or all of sections 141 to 149 of the Land Act 1958, as the agreement specifically provides, have effect in and in respect of the land as if the land were part of the park specified in the agreement; and

S. 19C(2)(d) inserted by No. 57/1995 s. 7.

(d) in the case of an agreement with respect to land which abuts a park in which there is a designated water supply catchment area, such of sections 32H, 32N and 38A as are specified in the agreement shall have effect with respect to the land as if it were part of the designated water supply catchment area specified in the agreement.

S. 19C(3) inserted by No. 44/1986 s. 8, amended by Nos 70/1998 s. 14(Sch. item 10), 19/2018 s. 167, 42/2021 s. 110(2).

(3) Notwithstanding anything to the contrary in any other Act a public authority may by agreement under this section delegate to Parks Victoria or the Great Ocean Road Coast and Parks Authority any of the powers or functions imposed on the public authority by or under any Act.

S. 19C(4) inserted by No. 44/1986 s. 8, amended by Nos 70/1998 s. 14(Sch. item 10), 19/2018 s. 167, 42/2021 s. 110(3).

(4) A committee of management appointed under the Crown Land (Reserves) Act 1978 must not delegate any of its powers or functions under that Act in relation to any land in the agreement unless the agreement provides that Parks Victoria or the Great Ocean Road Coast and Parks Authority will undertake or carry out these powers and functions in a manner which is not detrimental to the purposes for which the land was reserved.

S. 19D inserted by No. 9570 s. 6, amended by Nos 70/1998 s. 7, 19/2018 s. 168, 47/2025 s. 91.

19D Minister may make agreements with other States

The Minister may do any thing which in the Minister's opinion is necessary or convenient to ensure the co-operation of the government of the Commonwealth or the government of any other State in carrying out the purposes of this Act including entering into agreements with a Minister of the Crown in right of the Commonwealth or in right of any other State or with any authority constituted under law of the Commonwealth or of any other State for the management by Parks Victoria or another person of any land vested in the Crown or in a Minister of the Crown in the right of the Commonwealth or of any other State or in an authority constituted under the law of the Commonwealth or any other State on behalf of that Crown Minister or authority.

S. 19E inserted by No. 10166 s. 11.

19E Leasing and managing of land adjacent to parks

(1) The Minister may lease any land adjacent to a park (whether with or without an option for the Crown to purchase the land) which is suitable to be part of the park to which it is adjacent.

S. 19E(2) amended by Nos 70/1998 s. 14(Sch. item 11), 19/2018 s. 169, substituted by No. 42/2021 s. 111.

(2) The Minister may direct land leased under subsection (1) to be managed by either of the following, as though it were part of the park to which it is adjacent and were specified in the lease—

(a) Parks Victoria, if the leased land is adjacent to land in a park controlled and managed by Parks Victoria;

(b) the Great Ocean Road Coast and Parks Authority, if the leased land is adjacent to land in a park controlled and managed by the Great Ocean Road Coast and Parks Authority.

(3) Where any lease under subsection (1) is in force in respect of land—

(a) the land shall be controlled and managed as if it were part of the park to which it is adjacent;

(b) sections 9(2) and (3), 20, 21A, 36, 37, 38, 39, 41, 41A, 43, 44, 45, 46, 47, 47A, 47B, 47C and 48 and the regulations under this Act applying to the park to which the land is adjacent and specified in the lease shall have effect in and in respect of the land as if it were part of the park specified in the lease; and

S. 19E(3)(c) amended by Nos 38/1989 s. 10, 45/2013 s. 7, 54/2015 s. 3, 12/2016 s. 30(a).

(c) such of sections 17A, 17B, 17C, 19G, 19K, 21, 22, 23, 24, 25, 25A, 26, 26A, 33 and 40 as the lease specifically provides shall have effect in and in respect of the land as if it were part of the park to which the land is adjacent and is specified in the lease; and

S. 19E(3)(d) inserted by No. 12/2016 s. 30(b).

(d) any or all of sections 141 to 149 of the Land Act 1958, as the lease specifically provides, have effect in andin respect of the land as if the land were part of the park specified in the lease.

S. 19F inserted by No. 10166 s. 11.

19F Order that land to be treated as a park for certain purposes

S. 19F(1) amended by Nos 44/1986 s. 9(a), 70/1998 s. 14(Sch. item 12), 12/2016 s. 31(1), 19/2018 s. 170.

(1) The Governor in Council may by Order published in the Government Gazette declare that any area of land vested in the Minister pursuant to section 19(1) or managed by Parks Victoria pursuant to section 19A, 19AA, 19B, 19C, 19D, 19E or 32AA shall be an area of land to which all or such provisions of this Act and the regulations under this Act or any or all of sections 141 to 149 of the Land Act 1958 as are specified in the Order are to apply.

(2) An Order made pursuant to subsection (1) may amend Schedule Four or that Schedule as so amended—

S. 19F(2)(a) amended by No. 12/2016 s. 31(1).

(a) by adding to the Schedule an item relating to an area of land and specifying the provisions of this Act and the regulations under this Act or any or all of sections 141 to 149 of the Land Act 1958 that shall apply to the land;

S. 19F(2)(b) amended by Nos 38/1989 s. 35(a)(i), 12/2016 s. 31(2).

(b) by altering any item in the Schedule, whether with respect to the land or the provisions of the Act or the regulations orany or all of sections 141 to 149 of the Land Act 1958 which are to apply to the land;

(c) by revoking any item in the Schedule—

and the Schedule as so amended shall have the same force and effect as if that amendment had been enacted in this Act.

S. 19F(3) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3), 57/2006 s. 4.

(3) Where any land is included in Schedule Four—

S. 19F(3)(a) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3), 12/2016 s. 31(3)(a), 53/2017 s. 23(1).

(a) the provisions of this Act or any regulations made pursuant to the Act or sections 141 to 149 of the Land Act 1958 shall not apply to the land except as specifically provided in Schedule Four or elsewhere in the Act;

S. 19F(3)(b) amended by Nos 38/1989 s. 35(a)(ii), 74/2000 s. 3(Sch. 1 item 87.3), 12/2016 s. 31(3)(b), 53/2017 s. 23(2).

(b) those provisions of the Act or any or all of sections 141 to 149 of the Land Act 1958 which are specified in Schedule Four or elsewhere in the Act to apply to the land shall apply to the land as though it were a park.

(4) A copy of an Order under this section shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament.

(5) An Order under this section shall be revoked if each House of Parliament passes a resolution revoking the Order within eighteen sitting days after the Order has been laid before both Houses of Parliament.

S. 19F(6) inserted by No. 44/1986 s. 9(b), amended by No. 12/2016 s. 31(4).

(6) An order may not specify that any provision of this Act or the regulations or sections 141 to 149 of the Land Act 1958 is to apply to any land that is subject to an agreement under section 19A, 19C, 19D or a lease under section 19E if there is an express term or condition to the contrary in the agreement or lease.

S. 19G inserted by No. 45/2013 s. 8.

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

S. 19G(1) amended by No. 54/2015 s. 4.

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

(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)—

(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.

S. 19H inserted by No. 45/2013 s. 8, repealed by No. 54/2015 s. 5.

S. 19I inserted by No. 45/2013 s. 8, repealed by No. 54/2015 s. 5.

S. 19J inserted by No. 45/2013 s. 8, repealed by No. 54/2015 s. 5.

S. 19K inserted by No. 45/2013 s. 8.

19K Power of Minister to grant licences associated with leases

S. 19K(1) amended by No. 54/2015 s. 6.

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

(3) A licence under subsection (1)—

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

(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.

S. 20 (Heading) inserted by No. 19/2018 s. 171(1), amended by No. 42/2021 s. 112(1).

20 Powers of Parks Victoria and Great Ocean Road Coast and Parks Authority

S. 20(1) amended by Nos 70/1998 s. 14(Sch. item 13), 19/2018 s. 171(2), 42/2021 s. 112(2).

(1) Parks Victoria or the Great Ocean Road Coast and Parks Authority may, subject to this Act, do all things necessary or desirable to achieve the objects of this Act and in particular—

(a) may initiate or investigate proposals for or in relation to the acquisition of land to be added to and form part of a park or to be established as a park;

(b) may, subject to subsection (2), promote research study or investigation of matters that relate to the objects of this Act; and

S. 20(1)(c) substituted by Nos 9861 s. 3(1), 31/1994 s. 3(Sch. 1 item 45.1).

(c) may with the approval of the Minister authorise the payment from money available for that purpose for or in connection with research, study or investigation promoted under paragraph (b).

S. 20(2) amended by Nos 70/1998 s. 14(Sch. item 13), 19/2018 s. 171(3), 42/2021 s. 112(3).

(2) Where Parks Victoria or the Great Ocean Road Coast and Parks Authority promotes research study or investigation under subsection (1), Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) shall require a person who has agreed to undertake the research study or investigation to make to Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) such reports on the progress and results of the research study or investigation as Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) determines and to carry on the research study or investigation subject to and in accordance with such other terms and conditions as Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) determines.

S. 20A (Heading) amended by No. 19/2018 s. 172(1).

S. 20A inserted by No. 49/2017 s. 82.

20A Obligations of Secretary and Parks Victoria in relation to Yarra River land

S. 20A(1) amended by No. 19/2018 s. 172(2).

(1) The Secretary or Parks Victoria—

S. 20A(1)(a) amended by No. 19/2018 s. 172(2).

(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Secretary or Parks Victoria when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

S. 20A(1)(b) amended by No. 19/2018 s. 172(2).

(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Secretary or Parks Victoria, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

S. 20A(2) amended by No. 19/2018 s. 172(2), substituted by No. 43/2021 s. 219(Sch. 1 item 8.1).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 20B (Heading) amended by Nos 40/2020 s. 71(1), 42/2021 s. 113(1).

S. 20B inserted by No. 17/2018 s. 19.

20B Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas

S. 20B(1) amended by Nos 40/2020 s. 71(2), 42/2021 s. 113(2)(a).

(1) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—

S. 20B(1)(a) amended by Nos 40/2020 s. 71(3), 42/2021 s. 113(2)(b).

(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires); and

S. 20B(1)(b) amended by Nos 40/2020 s. 71(3), 42/2021 s. 113(2)(b).

(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires); and

(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

S. 20B(2) substituted by No. 43/2021 s. 219(Sch. 1 item 8.2).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 20C (Heading) amended by No. 42/2021 s. 114(1).

S. 20C inserted by No. 19/2020 s. 100.

20C Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

S. 20C(1) amended by No. 42/2021 s. 114(2)(a).

(1) The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority, when performing a function or duty or exercising a power under this Act—

S. 20C(1)(a) amended by No. 42/2021 s. 114(2)(b).

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

S. 20C(1)(c) amended by No. 42/2021 s. 114(2)(b).

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the Secretary or Parks Victoria (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

Cf. No. 8083 s. 7.

S. 21 (Heading) inserted by No. 19/2018 s. 173(1), amended by No. 42/2021 s. 115(1).

21 Parks Victoria and Great Ocean Road Coast and Parks Authority may grant certain permits etc.

S. 21(1) amended by Nos 9114 s. 8, 9570 s. 11(5), 38/1989 s. 11(1), s. 21(a), 70/1998 s. 14(Sch. item 14), 40/2009 s. 36, 12/2016 s. 32, substituted by No. 19/2018 s. 173(2), amended by No. 14/2024 s. 17(a).

(1) Parks Victoria or the Great Ocean Road Coast and Parks Authority may grant to a person a permit to occupy a building, camping place or other facility erected, set apart or provided in a park—

S. 21(1)(a) amended by Nos 42/2021 s. 115(2), 14/2024 s. 17(b).

(a) for a period determined by Parks Victoria or the Great Ocean Road Coast and Parks Authority, but that is not to exceed 6 weeks; and

S. 21(1)(b) amended by No. 42/2021 s. 115(2)(b).

(b) subject to any terms and conditions determined by Parks Victoria or the Great Ocean Road Coast and Parks Authority; and

(c) subject to the payment of any fees and charges as the Minister determines under subsection (2).

S. 21(1AA) inserted by No. 19/2018 s. 173(2), amended by No. 42/2021 s. 115(3)(a).

(1AA) Parks Victoria or the Great Ocean Road Coast and Parks Authority may grant to a person a permit to carry on a trade or business in the park consistent with the objects of the Act other than a trade or business in a park to which Division 3A applies—

(a) for a period not exceeding 3 years; and

S. 21(1AA)(b) amended by No. 42/2021 s. 115(3)(b).

(b) subject to terms and conditions determined by Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be); and

(c) subject to the payment of any fees and charges as the Minister determines under subsection (2).

See Division 3A for the grant of tour operator licences to conduct organised tours or recreational activities in a park.

S. 21(1A) inserted by No. 38/1989 s. 11(2), amended by Nos 70/1998 s. 14(Sch. item 14), 19/2018 s. 173(3).

(1A) Parks Victoria must not grant a permit to carry on a trade or business in a wilderness park unless the activity which is the subject of the permit is an activity permitted under section 17C(2)(c).

S. 21(2) substituted by No. 19/2018 s. 173(4).

(2) In relation to permits granted or that may be granted under subsection (1) or (1AA), the Minister may do the following—

(a) determine fees and charges payable—

(i) by the class or type of permit; and

(ii) at different times of the year;

(b) set—

(i) specific fees and charges; and

(ii) maximum fees and charges; and

(iii) minimum fees and charges;

(c) discount fees and charges payable;

(d) exempt a person, or class or persons, from paying any fees or charges;

(e) waive any fees and charges payable.

S. 21(2A) inserted by No. 38/1989 s. 21(b), amended by Nos 19/2018 s. 173(5), 42/2021 s. 115(4).

(2A) A permit granted under subsection (1AA) may be cancelled or suspended by Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) if the holder does not comply with the terms and conditions of the permit.

S. 21(3) amended by Nos 70/1998 s. 14(Sch. item 14), 19/2018 s. 173(6), 42/2021 s. 115(5).

(3) Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) may authorize the provision in a park of such services, facilities and goods for the public on such terms and conditions and subject to the payment of such fees or charges as the Minister determines.

S. 21A inserted by No. 9114 s. 21, substituted by No. 9247 s. 15, amended by Nos 10073 s. 6, 10166 s. 12(a)(b), 41/1987 s. 103(Sch. 4 item 49.5), 38/1989 s. 35(b), 38/1995 s. 21(c), 76/1998 s. 14, repealed by No. 70/1998 s. 8, new s. 21A inserted by No. 40/2002 s. 7.

21A Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries

S. 21A(1) amended by Nos 19/2018 s. 174(1), 42/2021 s. 116(1).

(1) Parks Victoria or the Great Ocean Road Coast and Parks Authority may, in respect of a marine national park or a marine sanctuary, grant a permit to a person to take fish or fishing bait for the purpose of any research, study or investigation that Parks Victoria or the Great Ocean Road Coast and Parks Authority considers—

(a) is appropriate; and

(b) does not detrimentally affect the area as a marine national park or marine sanctuary.

S. 21A(2) amended by Nos 19/2018 s. 174(2), 42/2021 s. 116(2).

(2) A permit under subsection (1) is subject to the terms and conditions determined by Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be).

(3) The holder of a permit must comply with the terms and conditions of the permit.

(4) A person who acts under and in accordance with a permit under this section does not commit an offence under the Fisheries Act 1995.

S. 21B inserted by No. 40/1992 s. 14.

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.

S. 21C inserted by No. 40/1992 s. 14.

21C Protection of remote and natural areas

S. 21C(1) amended by Nos 70/1998 s. 14(Sch. item 15), 19/2018 s. 175.

(1) Parks Victoria 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.

S. 21C(2) amended by Nos 70/1998 s. 14(Sch. item 15), 19/2018 s. 175.

(2) Parks Victoria 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

(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 subsection (2) works includes, but is not limited to, any of the following—

(a) excavation and earth works;

(b) destruction, removal or lopping of vegetation.

S. 21D inserted by No. 40/1992 s. 14.

21D Management of remote and natural areas

(1) This section has effect despite section 21C.

S. 21D(2) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(1).

(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 Parks Victoria 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—

S. 21D(3)(a) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).

(a) the Minister or Parks Victoria 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

S. 21D(3)(b) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).

(b) the Minister or Parks Victoria 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

S. 21D(3)(c) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).

(c) the Minister or Parks Victoria 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

S. 21D(3)(d) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(2).

(d) the Minister or Parks Victoria may do anything necessary for the maintenance or repair of existing roads, tracks, structures or facilities in a remote and natural area.

S. 21D(4) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(3)(a), 47/2025 s. 92.

(4) Parks Victoria may, in a remote and natural area, do anything which Parks Victoria considers necessary for—

(a) the eradication or control of non-indigenous flora and non-indigenous fauna; or

(b) the protection of the natural environment; or

(c) the health and safety of the public; or

S. 21D(4)(d) repealed by No. 19/2018 s. 176(3)(b).

(e) dealing with emergencies relating to disease.

S. 21D(4A) inserted by No. 19/2018 s. 176(4).

(4A) Subject to section 17(2)(b), the Secretary may do anything which the Secretary considers necessary for the prevention and control of fire.

S. 21D(5) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(5).

(5) Parks Victoria, with the approval of the Minister, may do anything else that Parks Victoria 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

(b) does not substantially degrade the natural condition or appearance of the area.

S. 21D(6) amended by Nos 70/1998 s. 14(Sch. item 16), 19/2018 s. 176(6).

(6) Parks Victoria must undertake, or cause to be undertaken, rehabilitation work or any other measures that Parks Victoria considers necessary to prevent or minimise loss or degradation of the natural condition or appearance of a remote and natural area if it 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.

S. 21D(7) inserted by No. 19/2018 s. 176(7).

(7) The Secretary must undertake, or cause to be undertaken, rehabilitation work or any other measures that the Secretary considers necessary to prevent or minimise loss or degradation as a result of activities relating to the prevention or control of fire carried out under subsection (4A).

22 Zones in parks

(1) The Governor in Council may make regulations prescribing a name as the name of a zone that may be declared under this section as a zone within a park.

S. 22(2) amended by No. 38/1989 s. 12(2).

(2) The Governor in Council may by proclamation published in the Government Gazette declare that specified lands forming part of a park are a zone within that park under a prescribed name, other than the name of "wilderness zone".

(3) Lands declared under subsection (2) to be a zone under a prescribed name shall be controlled and managed subject to and in accordance with such conditions as are, subject to this Act, prescribed for the control and management of lands declared to be a zone under that name.

S. 22(4) inserted by No. 38/1989
s. 12(1), amended by No. 40/1992 s. 10(2)(a).

(4) If land has become a wilderness zone under subsection (4A) or has been declared under subsection (5) to be a wilderness zone—

(a) the land is to be used and managed as if it were a wilderness park; and

(b) the provisions of this Act apply to the land as if it were a wilderness park.

S. 22(4A) inserted by No. 40/1992 s. 10(1).

(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.

S. 22(4B) inserted by No. 40/1992 s. 10(1).

(4B) Subsection (4A) does not affect or limit the Governor in Council's power to declare land to be a wilderness zone.

S. 22(4C) inserted by No. 40/1992 s. 10(1).

(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.

S. 22(5) inserted by No. 38/1989 s. 12(1).

(5) The Governor in Council, by proclamation published in the Government Gazette may declare specified land forming part of a park to be a wilderness zone if the land—

(a) together with the plant and animal community on the land, is in a state that has not been substantially modified by the influences of European settlement or is capable of being restored to such a state; and

(b) is of a sufficient size to make its maintenance in such a state feasible; and

(c) is capable of providing opportunities for solitude and appropriate self-reliant recreation.

S. 22(6) inserted by No. 38/1989 s. 12(1), amended by No. 40/1992 s. 10(2)(b).

(6) The Governor in Council may by proclamation published in the Government Gazette declare that specified land forming a wilderness zone under subsection (4A) or (5) or part of a wilderness zone cease to form that zone or part.

S. 22(7) inserted by No. 38/1989 s. 12(1).

(7) A proclamation under subsection (5) or (6) does not have effect unless approved by resolutions of both Houses of the Parliament.

S. 22(8) inserted by No. 38/1989 s. 12(1).

(8) Notice of a resolution to approve a proclamation may be given in a House of the Parliament on or before the eighteenth day on which that House sits after the proclamation is made and the resolution must be passed on or before the twelfth day upon which that House sits after notice of the resolution has been given in that House but the power of either House to pass a resolution approving the proclamation shall not be affected by the prorogation or dissolution of the Parliament or of either House of the Parliament and for the purpose of this section the calculation of days upon which a House has sat shall be made as if there had been no such prorogation or dissolution.

S. 22A inserted by No. 40/1992 s. 11.

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.

S. 22B inserted by No. 40/1992 s. 11.

22B Navigation lights—Sandpatch and Wilsons Promontory wilderness zones

S. 22B(1) amended by Nos 70/1998 s. 14(Sch. item 17), 19/2018 s. 177.

(1) Parks Victoria 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.

S. 22B(2) amended by Nos 70/1998 s. 14(Sch. item 17), 19/2018 s. 177.

(2) Parks Victoria may, subject to and in accordance with this Act, maintain or permit the maintenance of—

(a) any navigation light constructed under subsection (1); and

(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).

S. 22C inserted by No. 40/1992 s. 11, repealed by No. 35/2005 s. 4.

S. 22D inserted by No. 40/1992 s. 11.

22D Deer hunting in some wilderness zones

S. 22D(1) amended by No. 47/2025 s. 74.

(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, 9, 15 and 16 of Schedule Five.

S. 22D(2) amended by Nos 70/1998 s. 14(Sch. item 18), 19/2018 s. 178.

(2) Parks Victoria 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.

Cf. No. 8083
s. 7.

S. 23 amended by Nos 38/1989 s. 13, 19/2018 s. 179 (ILA s. 39B(1)).

23 Permanent works that may be carried out in parks

(1) Subject to the approval of the Minister, there may be carried out in a park which is not a wilderness park works for the construction of a building or other structure or other permanent works for the protection development or improvement of the park including the establishment of camping places roads and tracks.

S. 23(2) inserted by No. 19/2018 s. 179.

(2) The Minister must approve the carrying out of any works under subsection (1), before the works are carried out, unless the Minister has specified by notice published in the Government Gazette works, or a class of works, for which approval is not required.

Cf. No. 8083 s. 7.

S. 24 amended by No. 38/1989 s. 14(1).

24 Maintenance works to be carried out in parks

There may be carried out in each park which is not a wilderness park such works as are necessary to maintain the park in such condition as is consistent with the objects of this Act.

Cf. No. 8083
s. 7.

S. 25 amended by Nos 9570 s. 8(4)(a)(b), 41/1987 s. 103(Sch. 4 item 49.6), 38/1989
s. 14(2), 46/1998

25 Certain works may be carried out on foreshore etc. adjacent to parks

Subject to and in accordance with the consent of the Minister, the Minister for the time being administering the Conservation, Forests and Lands Act 1987 and the Minister administering the Planning and Environment Act 1987, there may be carried out in or on—

(a) the foreshore; or

S. 25(b) amended by No. 92/1995
s. 161(Sch. 2 item 4).

(b) Victorian waters within the meaning of the Fisheries Act 1995—

adjacent to a park (other than a wilderness park) works for the construction of a building, jetty, launching or landing place or other structure.

S. 25(2) repealed by No. 9570
s. 8(4)(b).

S. 25A inserted by No. 9114 s. 9, amended by Nos 9427
s. 6(1)(Sch. 5 item 118), 35/2005 s. 5 (ILA s. 39B(1)).

25A Continuation of existing uses

S. 25A(1) amended by No. 19/2018 s. 180(1).

(1) Where land included in Schedule Two is at the time of the inclusion subject to an accepted recommendation requiring that effect be given to a recommendation that an existing use or existing uses of the land be continued, the Minister may in writing grant to a person a tenancy of or licence in respect of all or any part of the land for a period not exceeding seven years for such fees rent or other charges and subject to such terms, conditions and covenants consistent with the recommendation as the Minister determines for a use recommended as aforesaid.

S. 25A(2) inserted by No. 35/2005 s. 5, amended by No. 19/2018 s. 180(2).

(2) In this section, accepted recommendation does not include any accepted recommendation as to the continuation of grazing on any land in the park described in Part 37 of Schedule Two.

S. 25B inserted by No. 9247 s. 9, amended by Nos 9570 s. 12, 10166 s. 13, 7/1987 s. 5, 41/1987 s. 103(Sch. 4 items 49.7, 49.8), 7/1988 s. 5, 37/1989 s. 4, 38/1989 s. 18(3)(e), 7/1997 s. 4, 70/1998 s. 14(Sch. items 19–21), 76/1998 s. 14, 50/2002 s. 5, 48/2004 s. 136, substituted by No. 64/2004 s. 6, amended by No. 19/2018 s. 181.

25B Harvesting of a pine plantation in Lake Eildon National Park

Where the harvesting of a pine plantation is authorised by Part 7 of Schedule Two, Parks Victoria, with the consent of the Minister, may grant a licence to any person to take, sell or otherwise dispose of any such pine plantation, subject to such covenants, terms and conditions as are prescribed and subject to the payment of such rent, fees, royalties or charges as Parks Victoria determines.

S. 26 amended by Nos 9861 s. 3(1), 38/1989 s. 18(3)(f), 31/1994 s. 3(Sch. 1 item 45.2), 19/2018 s. 182, repealed by No. 40/2020 s. 72.

S. 26A inserted by No. 9114 s. 10, amended by Nos 38/1989 s. 18(3)(g), 40/2020 s. 73.

26A Tenancies or licences for certain purposes

The Minister may by agreement in writing grant to a person a tenancy of or licence in respect of land in a park described in Schedule Two B, Schedule Three or Schedule Nine for a period not exceeding seven years for such rent fees and other charges and subject to such terms conditions and covenants as the Minister determines and which is or are specified in the agreement for any specified purpose—

(a) being a purpose or a purpose of a like nature to a purpose for which the land was being used at the time it became Crown land or for which it was being used at the time the land became a park or part of a park under this Act; and

(b) being a purpose consistent with—

S. 26A(b)(i) amended by No. 9427 s. 6(1)(Sch. 5 item 118).

(i) any trust conditions covenants or other restrictions as to use thereof affecting the land or any part thereof;

(ii) the objects of this Act in relation to the land or any part thereof; and

S. 26A(b)(iii) substituted by No. 19/2018 s. 183.

(iii) any accepted recommendation applying to the land or any part of the land.

Cf. No. 8083 s. 15.

27 Rights of public authorities in respect of parks

S. 27(1) amended by Nos 70/1998 s. 14(Sch. item 22), 19/2018 s. 184(1), 42/2021 s. 117(a).

(1) Subject to this Act and the regulations, a public authority may, where it has obtained the consent of Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires), perform its functions and exercise its powers in and in relation to a park in accordance with the conditions (if any) to which the consent is subject.

S. 27(2) amended by Nos 70/1998 s. 14(Sch. item 22), 19/2018 s. 184(2), 42/2021 s. 117(a).

(2) Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) may not give consent to the performance of functions or exercise of powers by a public authority where the Minister considers that the performance of functions or exercise of powers may substantially affect a park unless the Governor in Council has determined that the consent should be given.

S. 27(3) amended by Nos 70/1998 s. 14(Sch. item 22), 19/2018 s. 184(3), 42/2021 s. 117(b)(i).

(3) The consent of Parks Victoria or the Great Ocean Road Coast and Parks Authority under this section is subject to such conditions relating to the performance of functions or exercise of powers—

(a) in a case to which subsection (2) applies, as are determined by the Governor in Council; and

S. 27(3)(b) amended by Nos 70/1998 s. 14(Sch. item 22), 19/2018 s. 184(3), 42/2021 s. 117(b)(ii).

(b) in any other case, as Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) determines.

S. 27(4) inserted by No. 12/2004 s. 165(1).

(4) This section is not subject to the Road Management Act 2004 and prevails over that Act to the extent of any inconsistency.

S. 27(5) inserted by No. 43/2015 s. 38(1).

(5) This section does not apply in relation to the Victoria State Emergency Service Authority established under section 4 of the Victoria State Emergency Service Act 2005 or any person referred to in section 32AA of that Act exercising a power of entry under section 32AB of that Act or a power to construct, remove or alter a levee or remove debris under section 32AC of that Act.

S. 27A inserted by No. 10166 s. 14(1), amended by No. 44/1989 s. 41(Sch. 2 item 29.2), repealed by No. 7/1997 s. 5,
new s. 27A inserted by No. 55/1997
s. 29 (as amended by No. 91/1997 s. 44(g)).

27A Agreement with electricity company

S. 27A(1) amended by Nos 40/2020 s. 74, 14/2024 s. 18(1).

(1) The Minister may enter into an agreement with an electricity company—

(a) to manage and control; or

(b) to carry out duties, functions and powers related to the company's purpose in—

any area that is used, or is to be used, for the purposes of or in connection with the company's purpose, being an area of a national park, State park, landscape conservation area or land referred to in Schedule Three, other than land that is a wilderness zone or a remote and natural area or a reference area under the Reference Areas Act 1978.

(b) may be amended from time to time or terminated by further written agreement between the parties; and

(c) must contain provisions with respect to the protection and conservation of the land subject to the agreement.

(3) Despite subsection (1), an agreement under that subsection may apply to the carrying out of duties, functions and powers related to the purpose of a transmission company in a reference area to the extent to which they were so carried out immediately before the commencement of section 29 of the Electricity Industry (Further Miscellaneous Amendment) Act 1997.

S. 27A(4) def. of electricity company amended by Nos 69/2000 s. 61(2), 14/2024 s. 18(2).

electricity company means an offshore wind energy generation company, a transmission company or a distribution company within the meaning of the Electricity Industry Act 2000;

company's purpose means—

(a) in relation to an electricity company that is a transmission company, the transmission of electricity;

(b) in relation to an electricity company that is a distribution company, the distribution or supply of electricity.

S. 27B inserted by No. 10166 s. 14(1), repealed by No. 7/1997 s. 5,
new s. 27B inserted by No. 50/2000 s. 6.

27B Native title not to be affected by amendments

The amendments made to this Act by the National Parks (Amendment) Act 2000 are not intended to affect native title rights and interests.

S. 27BA (Heading) amended by No. 19/2018 s. 185(1).

S. 27BA inserted by No. 49/2017 s. 83, amended by No. 19/2018 s. 185(2).

27BA Parks Victoria must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park

Parks Victoria must have regard to a Yarra Strategic Plan if preparing a management plan in relation to a park that forms part of Yarra River land.

S. 27BB (Heading) amended by Nos 40/2020 s. 75(1), 42/2021 s. 118(1).

S. 27BB inserted by No. 17/2018 s. 20, amended by Nos 40/2020 s. 75(2), 42/2021 s. 118(2).

27BB Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to Statement of Planning Policy if preparing a management plan in relation to a park in a declared area

Parks Victoria or the Great Ocean Road Coast and Parks Authority must have regard to a Statement of Planning Policy if preparing a management plan in relation to a park that forms part of a declared area.

S. 27BC (Heading) amended by No. 42/2021 s. 119(1).

S. 27BC inserted by No. 19/2020 s. 101, amended by No. 42/2021 s. 119(2).

27BC Parks Victoria or Great Ocean Road Coast and Parks Authority must have regard to an approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park

Parks Victoria or the Great Ocean Road Coast and Parks Authority must have regard to an approved Great Ocean Road strategic framework plan if preparing a management plan in relation to a park that forms part of the Great Ocean Road region.

S. 27C inserted by No. 10166 s. 14(1), repealed by No. 7/1997 s. 5.

Pt 3 Div. 3A (Heading and ss 27C–27L) inserted by No. 40/2009 s. 37.

Division 3A—Tour operator licences

New s. 27C inserted by No. 40/2009 s. 37.

27C Offence to conduct organised tour or recreational activity in a park if unlicensed

(1) A person must not conduct an organised tour or recreational activity for profit in a park unless that person holds a tour operator licence.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2) Subsection (1) does not apply to a person who conducts an activity in a park and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.

(3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).

S. 27D inserted by No. 40/2009 s. 37.

27D Grant of tour operator licence

S. 27D(1) amended by Nos 19/2018 s. 186, 42/2021 s. 120.

(1) Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) may grant a licence to a person to conduct an organised tour or recreational activity for profit in a park to a person who has applied under section 27E.

S. 27D(2) amended by Nos 19/2018 s. 186, 42/2021 s. 120.

(2) Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) may grant a licence under subsection (1) for a period not exceeding 10 years.

S. 27E inserted by No. 40/2009 s. 37.

27E Application for tour operator licence

S. 27E(1) amended by No. 19/2018 s. 187, substituted by No. 42/2021 s. 121.

(1) A person may apply for a tour operator licence to—

S. 27E(1)(a) substituted by No. 47/2025 s. 77.

(a) in relation to land in a park for which the Great Ocean Road Coast and Parks Authority has been appointed as land manager under section 16C(1), the Great Ocean Road Coast and Parks Authority; or

S. 27E(1)(b) substituted by No. 47/2025 s. 77.

(b) in any other case, Parks Victoria.

(2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.

(3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 27D.

S. 27F inserted by No. 40/2009 s. 37.

27F Requirement to pay annual fees after grant of tour operator licence

(1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.

(2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations.

S. 27G inserted by No. 40/2009 s. 37.

27G Tour operator licence conditions

A tour operator licence is subject to—

S. 27G(a) amended by Nos 19/2018 s. 188, 42/2021 s. 122.

(a) any conditions, determined by Parks Victoria or the Great Ocean Road Coast and Parks Authority, that are specified or referred to in the licence; and

(b) any prescribed conditions.

S. 27H inserted by No. 40/2009 s. 37.

27H Contravention of condition an offence

The holder of a tour operator licence must not contravene the conditions of the licence.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

S. 27I inserted by No. 40/2009 s. 37.

27I Variation of tour operator licence

S. 27I(1) amended by Nos 19/2018 s. 189(1), 42/2021 s. 123(1).

(1) The holder of a tour operator licence may apply to the body that granted the licence (either Parks Victoria or the Great Ocean Road Coast and Parks Authority) for a variation of the licence or a condition of the licence.

S. 27I(2) amended by Nos 19/2018 s. 189(1), 42/2021 s. 123(2).

(2) On receiving the application under subsection (1), Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) may vary the licence or condition in accordance with the application.

S. 27I(3) amended by Nos 19/2018 s. 189(2), 42/2021 s. 123(3).

(3) A variation made by Parks Victoria or the Great Ocean Road Coast and Parks Authority under subsection (2) has effect on Parks Victoria or the Great Ocean Road Coast and Parks Authority giving written notice of the variation to the licence holder.

S. 27I(4) amended by Nos 19/2018 s. 189(3), 42/2021 s. 123(4).

(4) Parks Victoria or the Great Ocean Road Coast and Parks Authority may vary a tour operator licence, or vary a condition of that licence, of Parks Victoria's or the Great Ocean Road Coast and Parks Authority's own motion if Parks Victoria or the Great Ocean Road Coast and Parks Authority is of the opinion that a variation is required.

S. 27I(5) amended by Nos 19/2018 s. 189(2), 42/2021 s. 123(5).

(5) A variation made by Parks Victoria or the Great Ocean Road Coast and Parks Authority under subsection (4) has effect on Parks Victoria or the Great Ocean Road Coast and Parks Authority giving written notice of the variation to the licence holder.

S. 27J inserted by No. 40/2009 s. 37.

27J Suspension of tour operator licence

S. 27J(1) amended by Nos 19/2018 s. 190, 42/2021 s. 124.

(1) If Parks Victoria or the Great Ocean Road Coast and Parks Authority is satisfied that there are reasonable grounds to do so, Parks Victoria or the Great Ocean Road Coast and Parks Authority may suspend the tour operator licence by notice in writing given to the holder of the licence.

(2) A suspension under this section has effect—

(a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and

(b) subject to section 27K, for the period (not exceeding 90 days) specified in the notice.

(3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—

(a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 27K;

(b) specify a date or period by which the submissions must be made.

S. 27K inserted by No. 40/2009 s. 37.

27K Making submissions on suspension

S. 27K(1) amended by Nos 19/2018 s. 191(1), 42/2021 s. 125(1).

(1) The holder of a tour operator licence whose licence has been suspended under section 27J may make written submissions in respect of that suspension to the body that granted the licence (either Parks Victoria or the Great Ocean Road Coast and Parks Authority) within the period specified in the notice of suspension of licence.

S. 27K(2) amended by Nos 19/2018 s. 191(2), 42/2021 s. 125(2).

(2) Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be) must review the decision to suspend the licence on receipt of any submissions made under subsection (1).

S. 27K(3) amended by Nos 19/2018 s. 191(1), 42/2021 s. 125(3).

(3) In carrying out a review under subsection (2), Parks Victoria or the Great Ocean Road Coast and Parks Authority—

(a) must have regard to the submissions made under subsection (1); and

(b) may decide to continue, revoke or amend the suspension.

S. 27K(4) amended by Nos 19/2018 s. 191(2), 42/2021 s. 125(4).

(4) Parks Victoria or the Great Ocean Road Coast and Parks Authority must notify the person whose licence has been suspended of the outcome of review.

S. 27L inserted by No. 40/2009 s. 37.

27L Cancellation of tour operator licence

S. 27L(1) amended by Nos 19/2018 s. 192(1), 42/2021 s. 126(1).

(1) Parks Victoria or the Great Ocean Road Coast and Parks Authority may cancel a tour operator licence if Parks Victoria or the Great Ocean Road Coast and Parks Authority is satisfied, on reasonable grounds, that—

(a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or

(b) the holder of the licence has contravened a condition of the licence.

S. 27L(2) amended by Nos 19/2018 s. 192(2)(a), 42/2021 s. 126(2).

(2) Before cancelling a tour operator licence, Parks Victoria or the Great Ocean Road Coast and Parks Authority must—

S. 27L(2)(a) amended by Nos 19/2018 s. 192(2)(b), 42/2021 s. 126(2).

(a) notify the holder that Parks Victoria or the Great Ocean Road Coast and Parks Authority proposes to cancel the licence; and

(b) allow the holder of the licence an opportunity to make either oral or written submissions.

(3) Submissions under subsection (2) must be made within the period specified in the notice.

S. 27L(4) amended by Nos 19/2018 s. 192(3)(a), 42/2021 s. 126(3)(a).

(4) In making a decision as to whether or not to cancel a tour operator licence, Parks Victoria or the Great Ocean Road Coast and Parks Authority must—

(a) have regard to any submissions made under subsection (2) within the period specified in the notice; and

S. 27L(4)(b) amended by Nos 19/2018 s. 192(3)(b), 42/2021 s. 126(3)(b).

(b) must notify the holder of Parks Victoria's or the Great Ocean Road Coast and Parks Authority's decision.

S. 27L(5) amended by Nos 19/2018 s. 192(4), 42/2021 s. 126(4).

(5) The cancellation of a licence has effect from the time specified in the notice of Parks Victoria's or the Great Ocean Road Coast and Parks Authority's decision under subsection (4), which must be after the day on which the notice is given.

Pt 3 Div. 4 (Heading) amended by No. 57/1995 s. 34(a) (as amended by No. 74/2000 s. 3(Sch. 1 item 88.1)).

Division 4—Special provisions relating to particular parks

No. 6642.

S. 28 amended by Nos 9921 s. 255, 44/1989 s. 41(Sch. 2 item 29.3), 104/1997 s. 53(2), repealed by 82/2009 s. 5, new s. 28 inserted by No. 16/2015 s. 4.

28 Introduction or use of cattle in specific parks

(1) Nothing in this Act authorises a relevant person or body exercising a power or performing a function or duty under this Act or under the Conservation, Forests and Lands Act 1987 to introduce or use, cause to be introduced or used or authorise the introduction or use of cattle for any purpose in a park described in Part 9, 37, 38, 46, 47, 48 or 49 of Schedule Two.

(2) In subsection (1), relevant person or body means the following—

(a) the Minister (except when exercising a power under section 30BA, 30I or 30L);

(b) the Secretary;

S. 28(2)(c) amended by No. 19/2018 s. 193.

(c) Parks Victoria within the meaning of the Parks Victoria Act 2018;

(d) a Traditional Owner Land Management Board;

(e) an employee, agent or contractor of a person or body referred to in paragraph (a), (b), (c) or (d) or a person acting under the direction of that person or body.

S. 29 (Heading) inserted by No. 43/2012 s. 3(Sch. item 34.1).

Nos 7148, 7928.

29 Wilsons Promontory National Park

S. 29(1) amended by No. 43/2012 s. 3(Sch. item 34.2).

(1) The Minister shall be responsible for the repair and proper maintenance of the cairn, commemorating the institution of commando training in Australia and the commandoes who died on active service in the war of 1939–45, erected by the Commando Association of Victoria in the Wilsons Promontory National Park.

S. 29(2)–(4) repealed by No. 7/1997 s. 6.

S. 29(5)(6) repealed by No. 9114 s. 11(a).

S. 29A inserted by No. 9114 s. 11(b), amended by No. 9921
s. 255, repealed by No. 10166 s. 17(2), new s. 29A inserted by No. 50/2002 s. 6.

29A Lighthouse leases—Wilsons Promontory National Park

(1) The Minister may lease any lighthouse land for similar purposes to the purposes of the leases referred to in subsection (3).

(2) A lease granted under subsection (1)—

(c) is subject to the rent and other charges and terms and conditions determined by the Minister.

(3) The addition of land to Part 23 of Schedule Two by section 12 of the National Parks (Box‑Ironbark and Other Parks) Act 2002 does not affect the existence and operation of the following leases—

(a) the lease between the Minister for Conservation and Environment of the State of Victoria and the Commonwealth of Australia dated 1 December 1995 over the land shown delineated and hatched in the plan lodged in the Central Plan Office and numbered LEGL./02–069;

(b) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority dated 1 December 1995 over the land located at Citadel Island and described as Lot 1B on Consolidated Plan 116401;

(c) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority dated 1 December 1995 over the land located at Wilsons Promontory and described as Lot 1C on Consolidated Plan 116398;

(d) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority dated 1 December 1995 over the land located at Wilsons Promontory and described as Lot 1D on Consolidated Plan 116398;

(e) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority dated 1 December 1995 over the land located at Wilsons Promontory and described as Lot 1E on Consolidated Plan 116398.

(4) A lease referred to in subsection (3) continues in force, subject to its terms, for the period of the lease despite anything to the contrary in this Act or any other Act.

(5) In this section, lighthouse land means any land that is the subject of a lease referred to in subsection (3).

S. 29B inserted by No. 60/2005 s. 4.

29B Lighthouse leases—Great Otway National Park

S. 29B(1)(2) repealed by No. 45/2013 s. 9.

(3) The coming into operation of section 16(5) of the National Parks (Otways and Other Amendments) Act 2005 does not affect the existence and operation of the following leases—

(a) the lease between the Minister for Conservation and Environment of the State of Victoria and the Commonwealth of Australia dated 1 December 1995 over the land at Cape Otway, being Crown Allotment 44E, Parish of Otway; and

(b) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority, dated 1 December 1995 over the land at Cape Otway, being Lot 44C on Consolidated Plan 116404; and

(c) the lease between the Minister for Conservation and Environment of the State of Victoria and the Australian Maritime Safety Authority, dated 1 December 1995 over the land at Cape Otway, being Lot 44D on Consolidated Plan 116402; and

(d) the lease between the Minister for Conservation and Land Management on behalf of the Lighthouse Reserves Committee of Management to Tourism Great Ocean Road Pty. Ltd. (ACN 074 746 802) with a commencement date of 1 January 1997 over land at Cape Otway and as subsequently varied.

(4) A lease referred to in subsection (3) continues in force, subject to its terms, for the period of the lease, despite anything to the contrary in this Act or any other Act.

(5) The lease referred to in subsection (3)(d)—

(a) is deemed to be and to always have been granted by the Lighthouse Reserves Committee of Management; and

(b) on and from the commencement of this section, is deemed to have effect as if any reference in the lease to the "Minister" were a reference to the Minister administering this Act.

(6) In this section Cape Otway lighthouse area means the area shown hatched on the plan numbered N.P. 111B lodged in the Central Plan Office.

No. 7928.

S. 30 amended by No. 9114 s. 12(a)(b), substituted by No. 7/1988 s. 6.

30 Point Nepean National Park

S. 30(1) amended by Nos 43/2005 s. 3(1), 48/2009 s. 4(1).

(1) The Minister shall consult with any Minister, public authority or interest group who or which expresses an interest in public safety, fire protection works and the fire control operations in the park described in Part 44 of Schedule Two.

S. 30(2) amended by No. 38/1989 s. 24(a), repealed by No. 64/2004 s. 7.

S. 30(3) inserted by No. 38/1989 s. 24(b), amended by Nos 43/1990
ss 12, 13(1), 43/2005 ss 3(2), 7, repealed by No. 48/2009 s. 4(2).

S. 30AAA inserted by No. 48/2009 s. 5.

30AAA Leases in Point Nepean National Park

S. 30AAA(1) amended by No. 79/2013 s. 18.

(1) After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 44 of Schedule Two which is shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 110/2.

S. 30AAA(2) amended by No. 45/2013 s. 10(1).

(2) A lease under subsection (1) must be for a purpose or purposes which the Minister considers are not detrimental to the protection of the park, including its natural, indigenous, historic, cultural, landscape and recreational values.

(3) Subject to subsection (2), the purpose of a lease under subsection (1) 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) A lease under subsection (1)—

S. 30AAA(5) substituted by No. 45/2013 s. 10(2).

(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.

S. 30AAAB inserted by No. 45/2013 s. 11, repealed by No. 54/2015 s. 7.

S. 30AAAC (Heading) amended by No. 54/2015 s. 8(1).

S. 30AAAC inserted by No. 45/2013 s. 11.

30AAAC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Point Nepean National Park

S. 30AAAC(1) substituted by No. 54/2015 s. 8(2).

(1) The Minister may grant a lease for a term of more than 21 years but not exceeding 50 years of any area of land which may be leased under section 30AAA if the Minister—

(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

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

S. 30AAAD inserted by No. 45/2013 s. 11, repealed by No. 54/2015 s. 9.

S. 30AAB inserted by No. 48/2009 s. 5.

30AAB Licences associated with lease—Point Nepean National Park

S. 30AAB(1) amended by Nos 45/2013 s. 12(1), 79/2013 s. 18.

(1) Where land is leased to a person under section 30AAA or 30AAAC, the Minister may grant a licence to that person to use any land, building, improvements or works in the area of the park described in Part 44 of Schedule Two which is shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 110/2.

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

S. 30AAB
(2)(c) amended by No. 45/2013 s. 12(2).

S. 30AAB(3) inserted by No. 45/2013 s. 12(3).

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

S. 30AAB(4) inserted by No. 45/2013 s. 12(3).

(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.

S. 30AAC inserted by No. 48/2009 s. 5.

30AAC General licences—Point Nepean National Park

S. 30AAC(1) amended by No. 79/2013 s. 18.

(1) The Minister may grant a licence to a person to occupy or use any land in the area of the park described in Part 44 of Schedule Two which is shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 110/2.

(a) must be for a purpose or purposes which the Minister considers are consistent with the objects of the National Parks Act 1975 in relation to the land; and

(c) must not be for a term of more than 7 years; and

S. 30A inserted by No. 37/1989 s. 5.

30A Operations in the Alpine National Park

S. 30A(1) amended by Nos 130/1993 s. 122(Sch. 4 item 10.2), 53/1994 s. 34(Sch. 1 item 6.2), 110/1994 s. 41(Sch. 1 item 7.2), 69/2000 s. 61(3), 11/2024 s. 103.

(1) VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000, for the purposes of the hydro-electric undertaking at Kiewa may—

(a) occupy and utilize works required for the operation and maintenance of the undertaking; and

S. 30A(1)(b) amended by No. 130/1993 s. 122(Sch. 4 item 10.2 (a)(c)).

(b) perform its functions and exercise powers which relate to the undertaking and to the protection of the quality, quantity and availability of water produced for the requirements for the undertaking; and

S. 30A(1)(c) amended by Nos 76/1998 s. 14, 19/2018 s. 194.

(c) plan fire protection works (including construction of vehicular tracks) to protect works required for the undertaking in consultation with the Secretary and Parks Victoria—

on or over the lands referred to in Part 37 of Schedule Two.

S. 30A(2) amended by No. 46/1998

(2) Subsection (1)(c) only applies to those parts of Part 37 of Schedule Two which are marked A16 and A18 and shown by light shading and that part marked A17 and shown by open triangle pattern on the plan lodged in the Central Plan Office and numbered N.P. 70/1f.

S. 30AA inserted by No. 79/1995
s. 33.

30AA Lease or licence to a generation company—Alpine National Park

S. 30AA(1) amended by No. 48/1996 s. 33(1).

(1) The Minister may grant or renew a lease or licence to a generation company of any area of land in the park described in Part 37 of Schedule Two which is used for the purposes of the generation of electricity for supply or sale.

(2) A lease or licence under subsection (1)—

S. 30AA(2)(b) amended by No. 48/1996 s. 33(1).

(b) is subject to any terms and conditions determined by the Minister.

S. 30AA(3) inserted by No. 48/1996 s. 33(2).

(3) A lease under subsection (1) may be granted—

(a) without being limited to a particular stratum of land; or

(b) for a stratum of land.

S. 30AA(4) inserted by No. 48/1996 s. 33(2), amended by No. 47/2025 s. 93.

(4) The Minister must not grant a lease under subsection (1) for a stratum of land unless the Minister is satisfied that—

(a) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and

(b) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and

(c) provision has been made (in the lessee or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and

(d) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.

S. 30AA(5) inserted by No. 48/1996 s. 33(2).

(5) The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease.

S. 30AA(6) inserted by No. 55/1997
s. 30(1), amended by No. 69/2000 s. 61(4).

(6) In this section, generation company has the same meaning as in the Electricity Industry Act 2000.

S. 30AB inserted by No. 79/1995 s. 33.

30AB Agreement with a generation company—Alpine National Park

S. 30AB(1) amended by No. 48/1996 s. 34(1)(a)(b).

(1) The Minister may enter into an agreement with a generation company to—

(a) manage and control; or

(b) carry out duties functions and powers related to the generation of electricity for the purposes of supply or sale in—

any area of the park described in Part 37 of Schedule Two which is used for the purposes of or in connection with the generation of electricity for supply or sale.

(a) must be in writing;

(b) may be amended from time to time or terminated by further written agreement between the parties.

S. 30AB(2A) inserted by No. 48/1996 s. 34(2).

(2A) An agreement under subsection (1) must contain provisions with respect to the protection and conservation of the land subject to the agreement.

S. 30AB(3) amended by Nos 55/1997
s. 30(2), 69/2000 s. 61(5).

(3) In this section generation company has the same meaning as in the Electricity Industry Act 2000.

S. 30B inserted by No. 37/1989 s. 5.

30B Protection of access rights of freeholders in Alpine National Park

S. 30B(1) amended by No. 47/2025 s. 94(1).

(1) If a person holds a fee simple in land abutting or surrounded by land described in Part 37 of Schedule Two the Minister may grant to that person that reasonable right of access to the person's land which will in the Minister's opinion allow that person to use the person's land.

S. 30B(2) amended by No. 47/2025 s. 94(2).

(2) For the purpose of allowing a person to have access to the person's land the Minister may exempt that person from any regulation affecting the land described in Part 37 or that right of access.

S. 30BA inserted by No. 35/2005 s. 6.

30BA Rights to move cattle through the Alpine National Park

(1) If a person holds a fee simple interest in land that abuts or is surrounded by land that is part of the park described in Part 37 of Schedule Two, the Minister may, in writing, grant to that person a reasonable right to move cattle to or from the land in which the person holds the interest directly through the park along the route specified by the Minister (not being a route through a wilderness zone or reference area) if the Minister is satisfied that there is no practical alternative route outside the park for moving the cattle.

(2) If a person holds a licence to graze cattle on Crown land, the Minister may, in writing, grant to that person a reasonable right to move cattle to or from the land over which the person holds the licence directly through the park described in Part 37 of Schedule Two, along the route specified by the Minister (not being a route through a wilderness zone or reference area) if the Minister is satisfied that there is no practical alternative route outside the park for moving the cattle.

(3) The Minister may, in the document granting a right under this section—

(a) impose any terms and conditions that the Minister determines; and

(b) specify that the person is exempt from any regulation applying to the park.

S. 30C inserted by No. 37/1989
s. 5.

30C Protection of life occupancies in Alpine National Park

S. 30C(1) amended by No. 47/2025 s. 95.

(1) If a person was immediately before 1 June 1986 occupying a portion of the land described in Part 37 of Schedule Two under an agreement with a Minister responsible for Crown lands which was an agreement which granted the person an occupancy of the land for the person's lifetime, the Minister must grant a permit to the person authorising the person to continue to occupy that portion of the land.

(2) A permit under subsection (1)—

(a) must be granted by the Minister on or before the date on which the land is added to Part 37 of Schedule Two; and

(b) is to be for the lifetime of the person to whom it is granted and subject to the same terms and conditions including the payment of fees (if any) as are contained in the agreement.

S. 30D inserted by No. 43/1990 s. 4.

30D Protection of access rights to Murray–Sunset National Park

(1) If a person holds a fee simple in land abutting or surrounded by land described in Part 38 of Schedule Two, the Minister may grant to that person that reasonable right of access to the person's land which, in the Minister's opinion, will allow that person to use that land.

S. 30D(2) amended by No. 46/1998

(2) If a person carries on or proposes to carry on operations to mine or explore for gypsum on the land bordered blue in the plan lodged in the Central Plan Office and numbered N.P. 51/2, the Minister may grant to that person and the person's employees, contractors and agents that reasonable right of access to the land bordered blue over the land described in Part 38 of Schedule Two which, in the Minister's opinion, will allow them to use that land for that purpose.

(3) For the purpose of allowing a person to have access to land under subsection (1) or (2), the Minister may exempt the person from any regulation affecting the land described in Part 38 of Schedule Two or that right of access.

S. 30E inserted by No. 43/1990 s. 4.