Parks and Crown Land Legislation Amendment Act 2013

to provide for the revocation of several permanent Crown land reservations and Crown grants; and

to amend the Crown Land (Reserves) Act 1978 to streamline the regulation making powers in that Act; and

to amend the National Parks Act 1975 to alter the boundaries of several parks and amend certain offence provisions; and

to amend the Carlton (Recreation Ground) Land Act 1966 to alter the boundary of the land subject to that Act; and

to amend the Shrine of Remembrance Act 1978 to provide for the Minister to appoint a trustee as deputy chairperson; and

to amend the Water Industry Act 1994 in relation to the metropolitan rate; and

to make other minor miscellaneous amendments to various Acts.

This Act, except sections 25, 27 and 28, comes into operation on the day after the day on which this Act receives the Royal Assent.

Sections 25, 27 and 28 come into operation on a day or days to be proclaimed.

The Minister administering the Crown Land (Reserves) Act 1978—

on receiving a plan of survey signed by the Surveyor-General of all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes; and

on being satisfied that the land described in the plan of survey relates to no land other than all or any part of the land described in item 1 of the Schedule or that land as nearly as practicable which is to be reserved for public purposes—

that the Order in Council specified in item 1 of the Schedule be revoked to the extent that it applies to the land shown in the plan of survey; and

that the land shown in the plan of survey be reserved for public purposes under section 4(1) of that Act.

The Governor in Council may make the Order recommended under subsection (1).

An Order made under subsection (2) must—

include a copy of the plan of survey of the land to which the Order applies; and

be published in the Government Gazette.

Subject to subsection (5), on the publication in the Government Gazette of an Order made under subsection (2)—

the Order in Council specified in item 1 of the Schedule is revoked to the extent that it applies to the land shown in the plan of survey; and

that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

On the revocation under subsection (4) of the Order in Council specified in item 1 of the Schedule reserving land—

that land is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

the Ballarat City Council is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

Nothing in this section affects—

the licence to occupy part of the land described in item 1 of the Schedule, in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies, granted to VicRoads on 27 March 2013 under section 17B of the Crown Land (Reserves) Act 1978 by the City of Ballarat and the Department of Sustainability and Environment; or

any other lease or licence under the Crown Land (Reserves) Act 1978 over any part of the land described in item 1 of the Schedule in force immediately before the publication in the Government Gazette of an Order made under subsection (2) in relation to land to which that Order applies.

The Order in Council specified in item 2 of the Schedule is revoked.

Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—

that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

On the revocation by subsection (1) of the Order in Council reserving land—

that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister administering the Health Services Act 1988; and

the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

Crown grant Volume 10090 Folio 329 is revoked.

Subject to subsection (3), on the revocation by subsection (1) of the Crown grant over land—

that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

the appointment of any trustee of that land is revoked to the extent that the appointment relates to that land.

On the revocation by subsection (1) of the Crown grant over land—

that land is taken to be temporarily reserved under section 4(1) of the Crown Land (Reserves) Act 1978 for hospitals, health care agencies and services for any other purposes administered by the Minister administering the Health Services Act 1988; and

the public health service listed in Schedule 5 to the Health Services Act 1988 known as Bendigo Health Care Group is taken to be the committee of management of that land appointed under section 14 of the Crown Land (Reserves) Act 1978.

Nothing in section 4 or 5 affects—

the licence dated 28 May 2013 (known as Construction Licence (Stage 1 Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

the licence dated 28 May 2013 (known as Construction Licence (DCA Works)) between Bendigo Health Care Group as licensor and Exemplar Health (NBH) 1 Pty Ltd (ACN 163 331 557) as trustee for Exemplar Health (NBH) Trust 1 for and on behalf of the Exemplar Health (NBH) Partnership, and Exemplar Health (NBH) 2 Pty Ltd (ACN 163 600 011) as trustee for Exemplar Health (NBH) Trust 2 for and on behalf of the Exemplar Health (NBH) Partnership, together with the licensee, as in force immediately before the commencement of this section; or

the licence between Bendigo Health Care Group and Peter MacCallum Cancer Institute (ABN 42 100 504 883) approved by the Minister of Health on 8 October 2013, as in force immediately before the commencement of this section; or

the licence between Bendigo Health Care Group and Clinical Laboratories Pty Ltd trading as Healthscope Pathology (ABN 62 006 823 089) approved by the Minister of Health on 24 October 2013, as in force immediately before the commencement of this section.

In this section—

The Order in Council specified in item 3 of the Schedule is revoked to the extent that it is in force immediately before the commencement of this section.

Subject to subsection (3), on the revocation by subsection (1) of the Order in Council reserving land—

that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

the appointment of any committee of management of that land is revoked to the extent that it relates to that land; and

any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land.

On the revocation by subsection (1) of the Order in Council reserving land—

the part of that land described in item 4 of the Schedule is taken to be temporarily reserved for public purposes under section 4(1) of the Crown Land (Reserves) Act 1978; and

that land, other than the part described in paragraph (a), is unreserved Crown land.

On the revocation by subsection (1) of the Order in Council reserving land, the Primary Industries Committee of Management Incorporated (ABN 74 262 813 670) is taken to be the committee of management of the land referred to in subsection (3)(a) appointed under section 14 of the Crown Land (Reserves) Act 1978.

Nothing in this section affects—

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2016; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with the University of Melbourne (ABN 84 002 705 224), commencing on 1 January 2012 and expiring on 31 December 2032; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with St Vincent's Hospital (Melbourne) Ltd (ABN 22 052 110 755), commencing on 30 November 2009; or

the licence, in force immediately before the commencement of this section, granted by the Primary Industries Committee of Management Incorporated to Animal Reproductive Technical Services (ABN 87 081 807 785), commencing on 1 June 2013; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Secretary to the Department of Agriculture, Energy and Minerals with the Director of the Prince Henry's Institute of Medical Research (ABN 48 132 025 024), commencing on 1 January 1995 and expiring on 31 December 2015; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with Monash University (ABN 12 377 614 012), commencing on 1 July 2010; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Planning with Incitec Pivot Ltd (ABN 42 004 080 264), commencing on 1 July 2003 and expiring on 30 June 2053; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Minister for Environment and Conservation with the Commonwealth Scientific and Industrial Research Organisation (ABN 41 687 119 230), commencing on 1 October 2000 and expiring on 30 September 2050; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by the Primary Industries Committee of Management Incorporated with City West Water Ltd (ABN 70 066 902 467), commencing on 5 December 2008 and expiring on 4 December 2013; or

the lease to occupy part of the land, in force immediately before the commencement of this section, entered into by Primary Industries Committee of Management Incorporated with Eureka! AgResearch (Vic) Pty Ltd (ABN 25 101 047 723), commencing on 1 November 2009.

The Order in Council specified in item 5 of the Schedule is revoked.

On the revocation by subsection (1) of the Order in Council reserving land, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

The Order in Council specified in item 6 of the Schedule is revoked.

On the revocation by subsection (1) of the Order in Council reserving land, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

The Order in Council specified in item 7 of the Schedule is revoked.

On the revocation by subsection (1) of the Order in Council reserving land, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

Nothing in this section affects the licence granted under section 130 of the Land Act 1958 to Roy and Dorothy Hazel Hampson in existence immediately before the revocation of the Order in Council by subsection (1).

The Order in Council specified in item 8 of the Schedule is revoked.

Crown grant Volume 2283 Folio 520 is revoked.

On the revocation by this section of the Order in Council reserving land and Crown grant Volume 2283 Folio 520, that land is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests.

the appointment of any committee of management of the relevant land is revoked to the extent that it relates to that land; and

any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to the relevant land.