30Point Nepean National Park

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 S. 30(2) amended by No. 38/1989 s. 24(a), repealed by No. 64/2004 s. 7. S. 30(3) inserted by No. 38/1989 s. 24(b), amended by Nos 43/1990 ss 12, 13(1), 43/2005 ss 3(2), 7, repealed by No. 48/2009 s. 4(2).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 S. 30AAAB inserted by No. 45/2013 s. 11, repealed by No. 54/2015 s. 7.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.