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S. 1(3) amended by Nos 9114 s. 2(a)(b), 9247 s. 2(a)–(c), 9570 s. 7(2), 10073 s. 13(2)(a)(b), 10166 s. 14(2), repealed by No. 41/1987 s. 103(Sch. 4 item 49.1).

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S. 2 repealed by No. 40/2020 s. 62.

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3Definitions

(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), substituted by No. 11/2026 s. 61(b).

accepted recommendation, in relation to land, means—

(a)

the most recent Government response with respect to any Commissioner's recommendation that applies to the land; or

(b)

if there is no such Government response, the most recent Land Conservation Council recommendation that applies to the land (if any);

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.

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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 Commis-sioner's recom-mendation inserted by No. 11/2026 s. 61(a).

Commissioner's recommendation means a recommendation in a report submitted under section 19J(1) or 19U(1) of the Commissioner for Environmental Sustainability Act 2003;

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 of committee repealed by No. 19/2018 s. 153(1).

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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).

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S. 3(1) def. of Government response inserted by No. 11/2026 s. 61(a).

Government response means a response published under section 19L(4) or 19W(4) of the Commissioner for Environmental Sustainability Act 2003, including any amendment to the response set out in a statement published under section 19M(6) or 19X(6) of that Act;

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 Land Conservation Council recom-mendation inserted by No. 11/2026 s. 61(a).

Land Conservation Council recommendation means a recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) 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 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).

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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).

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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).

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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).

Note

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.

4Objects 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.

4AApplication of Road Management Act 2004

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

(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.

4BTransport Integration Act 2010

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

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

4CFilming Approval Act 2014

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

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

4DTraditional owner agreement for natural resources

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

(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.

10National Parks Advisory Council

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.

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

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

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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.

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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.

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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)).

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.

11Functions 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.

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(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.

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13Members 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).

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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.

* * * * *

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

No. 8083 s. 12(8).

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

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.

16AManagement agreements with Traditional Owner Land Management Boards

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.

(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.

National Parks Act 1975

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