31Croajingolong National Park

31 Croajingolong National Park (1) The Minister may grant to a person who holds in fee-simple land abutting land referred to in Part 28 of Schedule Two and abutting or within 60 metres of high-water mark, such reasonable rights of access from low-water mark to that first-mentioned land over land referred to in that part subject to such charge or fee (if any) and such terms and conditions as the Minister determines. S. 31(2) inserted by No. 7/1987 s. 6(c), amended by No. 38/1989 s. 18(3)(h), repealed by No. 7/1997 s. 22. S. 31A inserted by No. 9114 s. 13, amended by No. 9570 s. 11(3), repealed by No. 54/2008 s. 7. S. 31AA inserted by No. 44/1986 s. 10, amended by No. 81/1992 s. 10(2)(a)(b), substituted by No. 48/1993 s. 9, amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 35/2010 s. 4. 31AA Leases in Mount Buffalo National Park (1) After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 17 of Schedule Two which is shown hatched on the plans lodged in the Central Plan Office and numbered LEGL./10-107, LEGL./10‑108 and LEGL./10-109. S. 31AA(2) amended by No. 45/2013 s. 13(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. 31AA(5) substituted by No. 45/2013 s. 13(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 S. 31AABA inserted by No. 45/2013 s. 14, repealed by No. 54/2015 s. 9. S. 31AABB (Heading) amended by No. 54/2015 s. 10(1). S. 31AABB inserted by No. 45/2013 s. 14. 31AABB Power of Minister to grant leases more than 21 years but not exceeding 50 years—Mount Buffalo National Park S. 31AABB(1) substituted by No. 54/2015 s. 10(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 31AA 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 31AA(2), (3), (4)(a) and (c) and (5) apply to a lease granted under this section. S. 31AABC inserted by No. 45/2013 s. 14, repealed by No. 54/2015 s. 11. S. 31AAB inserted by No. 35/2010 s. 5. 31AAB Licences associated with lease—Mount Buffalo National Park S. 31AAB(1) amended by No. 45/2013 s. 15(1). (1) Where land is leased to a person under section 31AA or section 31AABB, 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 17 of Schedule Two which is shown hatched on the plans lodged in the Central Plan Office and numbered LEGL./10-107, LEGL./10-108 and LEGL./10-109 or any land, building, improvement or works that is in the vicinity of, or connected with, that area. (a) must be for the same or a related purpose to the purpose for which the land is leased; and S. 31AAB(3) inserted by No. 45/2013 s. 15(2). (3) A licence under subsection (1) may be granted— S. 31AAB(4) inserted by No. 45/2013 s. 15(2). (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. 31AB inserted by No. 57/1995 s. 23. 31AB Lease of O'Shannassy Lodge—Yarra Ranges National Park[[4]](#endnote-5) (1) Upon the expiration of the lease dated 15 November 1988 between the Melbourne and Metropolitan Board of Works and Victorian Snow Resorts Pty Ltd the Minister is empowered to grant a tenancy of the land coloured red on the plan attached to that lease for such period, at such rent and subject to such terms and conditions as the Minister determines. (2) A tenancy under subsection (1)— (a) must be granted in writing; (b) must not be for a term or terms within the tenancy totalling more than 21 years; (c) is subject to any terms and conditions determined by the Minister. s. 14. S. 32 amended by Nos 10073 s. 7, 70/1998 s. 14(Sch. item 23), substituted by No. 80/2003 s. 182, repealed by No. 60/2005 s. 6(1). S. 32A inserted by No. 9114 s. 14, amended by Nos 43/1990 s. 16(1), 44/2001 s. 3(Sch. item 86), repealed by No. 64/2004 s. 9. S. 32AA inserted by No. 9247 s. 11. 32AA Glenample Homestead S. 32AA(1) amended by Nos 46/1998 s. 7(Sch. 1), 70/1998 s. 14(Sch. item 24), 19/2018 s. 196(1), 42/2021 s. 127(1). (1) Where any part or parts of Crown allotments 5 and 6 Parish of Latrobe has or have been leased by the Crown the Minister may authorize Parks Victoria or the Great Ocean Road Coast and Parks Authority to manage the land. S. 32AA(1A) inserted by No. 42/2021 s. 127(2). (1A) On the appointment of the Great Ocean Road Coast and Parks Authority as land manager for land referred to in subsection (1) by Order under section 16C(1) or under section 62Q(2) of the **Great Ocean Road and Environs Protection Act 2020**, the Great Ocean Road Coast and Parks Authority is taken to be authorised to manage the land under subsection (1). S. 32AA(2) amended by Nos 70/1998 s. 14(Sch. item 24), 19/2018 s. 196(1), 42/2021 s. 127(3). (2) Where Parks Victoria or the Great Ocean Road Coast and Parks Authority undertakes the management of the land— (a) the land shall be used and managed subject to the terms of the lease referred to in subsection (1) as though the land was land described in Schedule Three; (b) the Governor in Council may make regulations in respect of the land subject to the lease referred to in subsection (1) as though the land was land described in Schedule Three. S. 32AA(3) amended by Nos 46/1998 s. 7(Sch. 1), 70/1998 s. 14(Sch. item 24), 19/2018 s. 196(2), 42/2021 s. 127(4). (3) Nothing in this section shall be construed as authorizing the Minister administering the **Planning and Environment Act 1987**, 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 or other restriction relating to the lease or the use of the land referred to in subsection (1). S. 32AB inserted by No. 9570 s. 7(1), amended by No. 37/1989 s. 6. 32AB Tenancy of Rover Scout Chalet The Minister may grant to The Scout Association of Australia Victorian Branch for a period not exceeding twenty years a tenancy in the Alpine National Park of land and buildings known as the Rover Scout Chalet together with the associated ski lift at such rent and subject to such terms and conditions as the Minister determines. S. 32AC inserted by No. 24/1988 s. 4. 32AC Protection of access rights of freeholders in Croajingolong National Park and Snowy River National Park S. 32AC(1) amended by No. 47/2025 s. 98(1). (1) If a person holds a fee simple in land abutting or surrounded by land described in Parts 28 and 29 of Schedule Two the Minister may grant to that person a 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. 32AC(2) amended by No. 47/2025 s. 98(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 Parts 28 and 29 or that right of access. S. 32AD inserted by No. 37/1989 s. 7, amended by No. 70/1998 s. 14(Sch. item 25), repealed by No. 35/2005 s. 7. S. 32AE inserted by No. 37/1989 s. 7, amended by Nos 57/1995 s. 33, 64/2004 s. 10, repealed by No. 19/2018 s. 197. S. 32AF inserted by No. 43/1990 s. 8. 32AF Protection of access rights of freeholders in Wyperfeld National Park (1) If a person holds a fee simple in land abutting or surrounded by land described in Part 25 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 the person to use that land. (2) For the purpose of allowing a person to have access to land the Minister may exempt that person from any regulation affecting the land described in Part 25 of Schedule Two or that right of access. S. 32AG inserted by No. 57/1995 s. 8, amended by No. 70/1998 s. 14(Sch. item 26), repealed by No. 66/2000 s. 39. S. 32AH inserted by No. 57/1995 s. 8. 32AH Protection of access rights of freeholders in Yarra Ranges National Park (1) If a person holds a fee simple in land abutting or surrounded by land described in Part 39 of Schedule Two— S. 32AH(1)(a) amended by No. 47/2025 s. 99(1). (a) if the land is not abutting or surrounded by a designated water supply catchment area, the Minister may grant to that person that reasonable right of access to that person's land which will in the Minister's opinion allow that person to use that person's land; or S. 32AH(1)(b) amended by Nos 85/2006 s. 173(Sch. 1 item 8.4), 47/2025 s. 99(2). (b) if the land is abutting or surrounded by a designated water supply catchment area, the Minister, after consulting the Minister administering the **Water Act 1989**, may grant to that person that reasonable right of access to that person's land which will, in the Minister's opinion, allow that person to use that person's land. S. 32AH(2) amended by No. 47/2025 s. 99(3). (2) For the purpose of allowing a person to have access to that person's land the Minister may exempt that person from any regulation affecting the land described in Part 39 of Schedule Two or that right of access. Pt 3 Div. 5 (Heading) inserted by No. 9114 s. 15, repealed by No. 57/1995 s. 34(b) (as amended by No. 74/2000 s. 3(Sch. 1 item 88.1)). S. 32B inserted by No. 9114 s. 15. 32B Tenancies for surf lifesaving club purposes S. 32B(1) amended by No. 43/1990 s. 16(2). (1) The Minister may in writing and in accordance with this section grant tenancies (in the case of any tenancy not exceeding one hectare) of land included in the park described in Part 4 of Schedule Two and abutting on or adjacent to the coastline of Victoria to— S. 32B(1)(a) amended by Nos 43/1990 s. 16(1), 44/2001 s. 3(Sch. item 86). (a) a company within the meaning of the Corporations Act that is taken to be registered in Victoria, members of which during the summer immediately preceding the commencement of this section patrolled any part of the coastline aforesaid for the purpose of assisting persons in difficulty in the water for use for purposes (including the provision of accommodation and associated facilities for members of the company) connected with the surf lifesaving activities of the members; S. 32B(1)(b) amended by Nos 43/1990 s. 16(1), 44/2001 s. 3(Sch. item 86), 64/2004 s. 11(1)(a)(b). (b) Surf Life Saving Victoria for use for purposes (including the provision of accommodation and associated facilities for members of a club) connected with the surf lifesaving activities of members of a specified club, members of which during the summer immediately preceding the commencement of this section patrolled any part of the coastline aforesaid for the purpose of assisting persons in difficulty in the water and which is affiliated with Surf Life Saving Victoria. S. 32B(1A) inserted by No. 64/2004 s. 11(2). (1A) The Minister may, in writing, grant tenancies of land in any specified park that is abutting on or adjacent to the coastline of Victoria to Surf Life Saving Victoria, for use, by the members of a club that is affiliated with Surf Life Saving Victoria, for surf lifesaving purposes. S. 32B(2) amended by No. 64/2004 s. 11(3). (2) A tenancy under subsection (1) or (1A)— (a) shall be in respect of land not exceeding one hectare specified in the agreement; (b) shall be— (i) for a term not exceeding 21 years; (ii) for such rent and other charges; (iii) subject to such terms conditions and covenants— as is or are determined by the Minister and specified in the agreement. S. 32B(3) amended by No. 64/2004 s. 11(4). (3) An agreement for a tenancy under this section may authorize the construction erection or provision on the land or on a specified part or specified parts of the land and for the purposes specified in subsection (1) or (1A) of specified structures apparatus or equipment or structures apparatus or equipment of any specified class for such charges and subject to such terms conditions and covenants as the Minister determines and specifies in the agreement. S. 32B(4) inserted by No. 64/2004 s. 11(5). ***specified park*** means— (a) the park described in Part 4 of Schedule Two; or S. 32B(4)(b) repealed by No. 60/2005 s. 6(2). (c) the park described in Part 15 of Schedule Three; ***surf lifesaving purposes*** means purposes connected with the patrolling of any part of the coastline of Victoria by persons for the purpose of assisting other persons in difficulty in water and includes using land for accommodation and facilities associated with the patrolling and assisting activities; ***Surf Life Saving Victoria*** means Surf Life Saving Victoria ACN 004 704 652. S. 32B(5) inserted by No. 64/2004 s. 11(5), repealed by No. 60/2005 s. 6(3). S. 32C inserted by No. 9114 s. 15, amended by No. 57/1995 s. 35 (as amended by No. 74/2000 s. 3(Sch. 1 item 88.2)), repealed by No. 64/2004 s. 12. S. 32CA inserted by No. 7/1997 s. 7, substituted by No. 7/2012 s. 4. 32CA Arthurs Seat chairlift lease (1) After consulting the National Parks Advisory Council, the Minister may lease any area of land in the park described in Part 2 of Schedule Two B which is land— (a) shown hatched on the plan lodged in the Central Plan Office and numbered N.P. 36A; or (b) delineated and coloured blue on that plan and is 6 metres or more above the land surface. (2) The purpose of a lease under subsection (1) may be for the purposes of a chairlift and associated visitor facilities. (3) A lease under subsection (1)— S. 32CA(4) substituted by No. 45/2013 s. 16. (4) For the purposes of subsection (3)(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. 32CB inserted by No. 45/2013 s. 17, repealed by No. 54/2015 s. 11. S. 32CC (Heading) substituted by No. 54/2015 s. 12(1). S. 32CC inserted by No. 45/2013 s. 17. 32CC Power of Minister to grant leases more than 21 years but not exceeding 50 years—Arthurs Seat chairlift lease S. 32CC(1) substituted by No. 54/2015 s. 12(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 32CA 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 32CA(2), (3)(a) and (c) and (4) apply to a lease granted under this section. S. 32CC(3) repealed by No. 54/2015 s. 12(3). S. 32CD inserted by No. 45/2013 s. 17, repealed by No. 54/2015 s. 13. S. 32D (Heading) inserted by No. 50/2002 s. 8(1). S. 32D inserted by No. 9247 s. 12. 32D Authorities to search for minerals in certain parks S. 32D(1) amended by Nos 9570 s. 11(4), 10073 s. 8(1). (1) Notwithstanding anything contained in this or any other Act, the Minister may by notice in the Government Gazette designate the area or areas in— S. 32D(1)(a) inserted by No. 10073 s. 8(1), amended by Nos 44/1986 s. 11, 38/1989 ss 18(3)(i), 25, 57/1995 s. 36(a)(b), 7/1997 s. 8, substituted by No. 50/2002 s. 8(2). (a) the parks described in any of the following— (i) Part 30, 41, 42 or 43 of Schedule Two; (ii) Part 15, 26, 31, 36 or 38 of Schedule Two B; (iii) Part 1 or 13 of Schedule Three; S. 32D(1)(a)(iv) amended by No. 40/2020 s. 79(1). (iv) Part 8 of Schedule Four; S. 32D(1)(a)(v) inserted by No. 40/2020 s. 79(2). (v) an area included in Division 2 of Part 1 of Schedule Nine— in which searching for minerals under a miner's right or tourist fossicking authority will be permitted; S. 32D(1)(b) inserted by No. 10073 s. 8(1), substituted by No. 50/2002 s. 8(2). (b) the parks described in any of the following— S. 32D(1)(b)(i) amended by No. 19/2018 s. 198(1). (i) Part 31 or 49 of Schedule Two; S. 32D(1)(b)(ii) amended by No. 19/2018 s. 198(2). (ii) Part 15 of Schedule Two B; (iii) Part 15 of Schedule Three— in which searching for gemstones under a miner's right or tourist fossicking authority will be permitted; S. 32D(1)(c) inserted by No. 10073 s. 8(1), amended by No. 38/1989 s. 18(3)(j), substituted by No. 50/2002 s. 8(2), amended by No. 64/2004 s. 13. (c) the tidal zones of the park described in Part 4 of Schedule Two in which searching for gemstones under a miner's right or tourist fossicking authority will be permitted. S. 32D(1)(d) inserted by No. 10073 s. 8(1), amended by No. 38/1989 s. 18(3)(k), repealed by No. 50/2002 s. 8(2). S. 32D(2) substituted by No. 10073 s. 8(2), amended by Nos 70/1998 s. 14(Sch. item 27), 50/2002 s. 8(3), 19/2018 s. 198(3), 42/2021 s. 128(1)(a). (2) Upon the designation of an area pursuant to subsection (1), Parks Victoria, or the Great Ocean Road Coast and Parks Authority (in the case of land in the park described in Part 31 of Schedule Two for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1) or under section 62Q(2) of the **Great Ocean Road and Environs Protection Act 2020**, may— S. 32D(2)(a) amended by No. 42/2021 s. 128(1)(b). (a) grant a permit by writing to any person or persons named in the permit; or to search for minerals in that area. S. 32D(3) substituted by No. 10073 s. 8(2), amended by Nos 70/1998 s. 14(Sch. item 27), 19/2018 s. 198(3), 42/2021 s. 128(2). (3) Any permission or authorization given under subsection (2) shall be subject to any restrictions and conditions which Parks Victoria or the Great Ocean Road Coast and Parks Authority may determine. S. 32D(4) inserted by No. 82/2000 s. 75. (4) The property in minerals passes from the Crown to a person acting in accordance with any permission or authorization given under subsection (2) when the minerals are separated from the land. S. 32E inserted by No. 7/1987 s. 7, amended by No. 57/1995 s. 37, repealed by No. 82/2009 s. 10. S. 32F inserted by No. 7/1987 s. 7, amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2009 s. 11. S. 32FAA inserted by No. 7/1997 s. 9. 32FAA Protection of access rights of freeholders in Cathedral Range State Park (1) The Minister may grant to a person who holds a fee simple in land abutting or surrounded by the park any rights of access over the park to that land, which are, in the Minister's opinion, reasonable. (3) For the purpose of allowing a person to exercise a right under subsection (1), the Minister may exempt that person from any regulation affecting the park. (4) In this section ***park*** means the land referred to in Part 8 of Schedule Two B. S. 32FA inserted by No. 57/1995 s. 38, repealed by No. 64/2004 s. 14. S. 32G inserted by No. 7/1987 s. 7, amended by No. 57/1995 s. 39, repealed by No. 82/2009 s. 12. S. 32H (Heading) inserted by No. 60/2005 s. 7. S. 32H inserted by No. 57/1995 s. 9.