Thursday, 11 September 2025

Bills

Parks and Public Land Legislation Amendment (Central West and Other Matters) Bill 2025

Statement of compatibility

Steve DIMOPOULOS (Oakleigh – Minister for Environment, Minister for Tourism, Sport and Major Events, Minister for Outdoor Recreation) (11:05): In accordance with the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility in relation to the Parks and Public Land Legislation Amendment (Central West and Other Matters) Bill 2025:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the Charter), I make this Statement of Compatibility with respect to the Parks and Public Land Legislation Amendment (Central West and Other Matters) Bill 2025.

In my opinion, the Bill, as introduced to the Legislative Assembly, is compatible with the human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.

Overview of the Bill

The Bill:

• creates Mount Buangor, Pyrenees and Wombat-Lerderderg national parks; Cobaw, Hepburn and Mirboo North conservation parks; and Wandong Regional Park

• expands the existing Bendigo Regional Park and several other parks, adds land to the Wimmera Heritage River and revokes several native game sanctuaries

• renames the Yellingbo Landscape Conservation Area, expands the park and provides for riparian management licences

• makes several amendments to improve the operation of the Great Ocean Road and Environs Protection Act 2020

• redefines the areas which can be leased at Princes Park and the St Kilda Marina

• makes other miscellaneous and technical amendments, including modernising outdated, gendered references and repealing spent or redundant provisions.

Human rights issues

Section 12 – Freedom of movement

Section 12 of the Charter provides that every person who is lawfully in Victoria has the right to move freely within Victoria. It also provides that, every person has the right to enter and leave Victoria, and the freedom to choose where to live within Victoria. The right to freedom of movement is not an absolute right and may be reasonably limited in certain circumstances, including where it is in the public interest to do so.

Creating new park areas

Part 3 of the Bill (clauses 8 and 10) amends the Crown Land (Reserves) Act 1978 (CLR Act) and Part 8 (clauses 51, 55, 58, 62, 65, 71, 73, 82 and 87) amends the National Parks Act 1975 (NP Act) to create new park areas under those Acts. In doing so, new sections 64 and 65 of the CLR Act (to be inserted by clause 7) and new clauses 3, 6, 10, 15, 19, 22, 24, 27, 28, 29, 30 and 31 of Part 2 of Schedule One to the NP Act (to be inserted by clause 114) provide that certain land ceases to be a road when the new park areas are created.

It may be perceived that the creation of new park areas or the cessation of roads may limit the ability of a person to move freely within those areas. However, the relevant provisions simply change the status of the Crown land. They do not create any restrictions on a person moving freely within those areas or within Victoria.

Therefore, the Bill does not limit the right to freedom of movement protected under section 12 of the Charter.

Extending the leasable areas at Princes Park and the St Kilda Marina

Clause 3 of the Bill amends the Carlton (Recreation Ground) Land Act 1966 (Carlton Act) to extend the leasable land under that Act at Princes Park (Ikon Park) by 203 square metres, and clause 118 amends the St. Kilda Land Act 1965 (St Kilda Land Act) to extend the leasable land at the St Kilda Marina by 7,526 ‍square metres.

The grant of a lease under those Acts conveys a right to occupy an area to the exclusion of others in accordance with the terms of the lease may be perceived as limiting the right to freedom of movement within the area over which the lease is granted. However, any limitations to the right are minimal as the additional leasable areas are minimal and the land is already subject to developments under leases under the CLR Act. Any restriction on people’s movements would be imposed only to the extent necessary to fulfil the purpose of the leases.

Section 19 – Cultural rights

Section 19(2) of the Charter provides that Aboriginal persons should not be denied the right to enjoy their identity and culture, maintain their language or maintain their kinship ties. It also provides that Aboriginal Victorians must not be denied the right to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under traditional laws and customs.

The right is particularly relevant to several provisions of the Bill which will facilitate the granting of Aboriginal title under the Traditional Owner Settlement Act 2010 over several parks to the Gunaikurnai Land and Waters Aboriginal Corporation and the Taungurung Land and Waters Council in accordance with their recognition and settlement agreements with the State.

The relevant provisions create Wandong Regional Park under the CLR Act (clause 10) and update the plans used in defining Kinglake National Park (clause 84), Avon Wilderness Park (clause 85) and Cathedral Range State Park (clause 86) under the NP Act to provide a suitable basis for Aboriginal title to be granted over the parks.

The right is also relevant to clause 64 of the Bill, which amends the name of Yellingbo Landscape Conservation Area in the NP Act to the Liwik Barring Landscape Conservation Area to reflect an Aboriginal name chosen by the Wurundjeri People.

These aspects of the Bill will therefore promote the cultural rights protected by the Charter.

The right is also relevant to clauses 3 and 118 of the Bill, which extend the areas of leasable land under the Carlton Act and the St. Kilda Land Act (as discussed above in relation to section 12 of the Charter). For the same reasons mentioned in relation to the section 12 rights, granting a lease may limit the ability of Aboriginal persons to continue to enjoy their distinct relationship with the land. However, given that the additional leasable areas in these instances are minimal and the land is already subject to developments under leases under the CLR Act, any limitations are minimal.

Conclusion

I am of the view that the Bill is compatible with the Charter.

Steve Dimopoulos

Minister for Environment

Second reading

Steve DIMOPOULOS (Oakleigh – Minister for Environment, Minister for Tourism, Sport and Major Events, Minister for Outdoor Recreation) (11:05): I move:

That this bill be now read a second time.

I ask that my second-reading speech be incorporated into Hansard.

Incorporated speech as follows:

The Parks and Public Land Legislation Amendment (Central West and Other Matters) Bill 2025 will amend several public land related Acts. Importantly, it will implement several commitments to create several new park areas in Central West Victoria and at Mirboo North and to expand the opportunities for deer hunting by stalking in 2 existing national parks.

Victoria is home to diverse landscapes, from native grasslands to dense forests, from wild mountain ranges to rugged coastlines. These are important to Victorians from all walks of life and deserve our care to make sure that Victorians today, and in the future, can experience and enjoy them in the ways that they love to.

This Government backs our great outdoors, and we are proud to invest and care for the land that makes Victoria such a great place to live, work and visit. This Government will continue to keep our public land healthy for everyone to enjoy, now and into the future.

In 2019, the Victorian Environmental Assessment Council (VEAC) provided Government with a report on the use of, and care for, public land in Central West Victoria. This is home to 380 rare or threatened species, which rely on Government to ensure their protection. We know that over tens of thousands of years, Aboriginal people have developed enduring and profound connections to Country in this part of Victoria. We also know that residents and visitors now enjoy a whole range of recreational activities here, particularly as more people look for ways to escape their busy lives in our cities.

The Government’s response to VEAC’s report committed to creating 3 new national parks, 2 new conservation parks and 7 new or expanded regional parks as well as retaining areas of State Forest and creating several nature and other smaller reserves. The Minister for Environment at the time noted the wide-ranging demands on this public land, to not only provide safe homes for our threatened species but also provide more opportunities for Victorians to recreate and connect with nature and their communities. This Bill reflects that need for balance and responds to the needs of the Victorian community and our flora and fauna.

In summary, the Bill will:

• create Mount Buangor, Pyrenees and Wombat-Lerderderg national parks and Cobaw and Hepburn conservation parks, add land to Bendigo Regional Park, extend the Wimmera Heritage River and revoke several native game sanctuaries in Central West Victoria and create Mirboo North Conservation Park in West Gippsland

• enable seasonal recreational deer hunting in parts of the 3 new Central West national parks and Errinundra and Snowy River national parks in East Gippsland

• add land to the Yellingbo Landscape Conservation Area, change its name in the National Parks Act to the Liwik Barring Landscape Conservation Area and provide for riparian management licences in relation to 3 areas

• amend the areas of the existing Alpine, Brisbane Ranges and Dandenong Ranges national parks, Gippsland Lakes Coastal Park and Yallock-Bulluk Marine and Coastal Park

• create Wandong Regional Park and update the plans of several parks to support the granting of Aboriginal title over those areas

• make several improvements to the Great Ocean Road and Environs Protection Act 2020 (Great Ocean Road Act)

• add small areas at Princes Park and the St Kilda Marina to the land that can be leased under a long-term lease at those sites

• make miscellaneous other amendments and improvements to several Acts, including by replacing gender-specific language and repealing spent provisions.

Enhancing the parks system in Central West Victoria

Victoria has a world-class system of national parks

Nearly 3.5 million hectares of Victoria’s natural and cultural heritage are protected in an enviable system of national, state and other parks under the National Parks Act for this and future generations to visit and enjoy. The system aims to protect representative samples of the diverse natural environments occurring on public land and is a cornerstone for nature conservation in Victoria.

The areas protected under the National Parks Act are complemented by several million hectares of State forest as well as regional parks and a suite of smaller reserves. Together, the various land categories provide opportunities for the community to enjoy our precious public land in the ways they want to, including recreational prospecting and hunting. The government supports this broad range of uses across Victoria’s public land as a means of encouraging everyone to get outdoors and experience nature, as well as growing regional economies and communities.

Through the creation of the new national parks in this Bill in combination with the cessation of large-scale timber harvesting in Victoria, this government is delivering landmark protections for precious biodiversity and endangered species, providing a lasting legacy for future generations. This largely completes the establishment of Victoria’s outstanding system of national parks.

The new Central West national and conservation parks will enhance the parks system

The forests of Central West Victoria, located at the western end of the Great Dividing Range and long home of the Dja Dja Wurrung, Eastern Maar, Taungurung, Wadawurrung and Wurundjeri peoples, contain important natural and cultural values, as well as the headwaters of several major river systems of critical importance to parts of western Victoria. They are a much-loved part of the State, are relatively close to a significant proportion of Victoria’s population and are enjoyed by many visitors.

The government acknowledges the close connection of the Traditional Owner groups to the new park areas and the importance of Country to those groups, and it is committed to working with Traditional Owners in the ongoing management of these areas. It also acknowledges the connection which other Victorians have developed in more recent times with these areas and the enjoyment that the community derives from them.

As part of implementing the government’s response to VEAC’s Central West Investigation Final Report, this Bill will create the Mount Buangor (5,265 ha), Pyrenees (15,150 ha) and Wombat-Lerderderg (44,860 ha) national parks and the Cobaw (2,730 ha) and Hepburn (2,530 ha) conservation parks under the National Parks Act.

The new parks are for Victorians to enjoy

National parks are not only about caring for important natural and cultural values; they are also about providing opportunities for the public’s enjoyment, recreation and education. Indeed, in 2022–23 national parks and other parks and reserves in Victoria welcomed approximately 90 million visitors, contributing significantly to local and regional economies.

The Central West parks will add to the attractions for visitors to the region and the nearby historic towns, mineral springs and wineries. Activities in the new parks may include walking, picnicking, nature observation, fishing, camping, car touring, 4-wheel driving, trail bike riding, mountain biking, horse riding and dog walking on leads in specified areas.

Seasonal recreational deer hunting by stalking between 1 May and the start of the September school holidays will be permitted in the 3 national parks, other than in the existing Mount Buangor State Park, the existing Lerderderg State Park and Musk Creek Reference Area (in Wombat-Lerderderg National Park) and the 2 ‍existing nature conservation reserves included in the Pyrenees National Park. This will provide opportunities for deer hunting by stalking during the quieter winter months while aiming to minimise any impact on park visitors during the peak visitor periods.

The addition of Wellsford Forest will enhance Bendigo Regional Park

The Bill will also add the Wellsford Forest (7,100 ha) to Bendigo Regional Park under the Crown Land (Reserves) Act 1978. The addition contains significant natural values, including remnant box-ironbark forest and grassy woodland, several large old trees and habitat for threatened species.

Recreational prospecting, dog walking and dog sledding will be permitted as well as picnicking, nature observation, 4-wheel driving, trail bike riding, mountain biking, horse riding and camping. Consistent with the government’s response to VEAC’s Central West Investigation Final Report, domestic firewood collection will be permitted to continue in designated areas until 1 July 2029.

Enhancing the parks system in West Gippsland

The government has accepted a recommendation of the Eminent Panel for Community Engagement in its first report, Future Use and Management of Mirboo North and Strathbogie Ranges Immediate Protection Areas Final Report, to create the Mirboo North Conservation Park under the National Parks Act.

This park will protect significant remnant biodiversity values in the western half of the largely cleared Strzelecki Ranges. Recreation activities currently occurring in the area will generally be permitted to continue in the park, including bushwalking, four-wheel driving, trail bike riding, mountain biking, horse riding and dog walking.

Expanding deer hunting opportunities into Errinundra and Snowy River national parks

The Bill will expand the opportunities for seasonal recreational deer hunting (by stalking) into Errinundra and Snowy River national parks in far East Gippsland. This will enable such hunting in these remote parks east of the Snowy River, other than in several reference areas, and subject to conditions to help minimise impacts on other users.

Supporting the granting of Aboriginal title

The Bill will help facilitate the granting of Aboriginal title under the Traditional Owner Settlement Act 2010 over certain parks in accordance with recognition and settlement agreements between the State and 2 ‍Traditional Owner corporations – in particular, part of Baw Baw National Park and the Avon Wilderness Park in Gunaikurnai Country and Cathedral Range State Park, Wandong Regional Park and parts of Kinglake National Park in Taungurung Country. Following the granting of Aboriginal title, the parks will continue to be managed as parks under the National Parks Act or the Crown Land (Reserves) Act, with no changes to access and current activities for all Victorians.

Before Aboriginal title can be granted, the regional park (850 ha), situated in the forests of the Great Dividing Range east of the Hume Freeway near Wandong, needs to be formally created under the Crown Land (Reserves) Act and the plans defining the boundaries of the existing parks under the National Parks Act updated in line with the current standards of Surveyor-General Victoria so that they are suitable for the granting of Aboriginal title.

Enhancing Yellingbo [Liwik Barring] Landscape Conservation Area

Yellingbo LCA was created under the National Parks Act in 2021 to implement accepted recommendations in VEAC’s 2013 Yellingbo Investigation Final Report. It currently comprises 7 areas totalling 1,790 hectares in the Yarra Valley and is being established in stages.

The Bill will add 6 further areas totalling 230 hectares to the LCA: Menzies Creek and Woori Yallock Creek nature conservation areas, Britannia Creek, Little Yarra River and McCrae Creek streamside areas and an addition to the existing Yellingbo Nature Conservation Area.

The Bill will also amend the name of the LCA in the National Parks Act to the Aboriginal name proposed by the Wurundjeri People and recorded in the Register of Geographic Names – Liwik Barring (meaning Ancestors’ Trail).

The Bill will amend the National Parks Act to enable riparian management licences to be granted to persons whose freehold land adjoins one of the three new streamside areas. The purpose of these licences is to maintain or improve the riparian environment of the area.

Amending the boundaries of several existing parks

The Bill will add land to Brisbane Ranges National Park (14 ha), Gippsland Lakes Coastal Park (12 ha) and Yallock-Bulluk Marine and Coastal Park (80 ha) to enhance those parks.

In relation to the Alpine National Park, and as part of a longer-term strategy where a forested part of the freehold land containing the track would be exchanged for an area of public land and the freehold included in the national park, an area of 87 hectares will be excised from the park. Pending any land exchange, the station owner has agreed to lease the 4-wheel drive access track to the State to enable ongoing visitor access through the freehold into the national park, and the land excised from the park will remain public land.

The Bill will also correct the boundary of Dandenong Ranges National Park (0.4 ha excision) and excise a section of road from Gippsland Lakes Coastal Park.

Extending the long-term leasable areas at Princes Park and St Kilda Marina

The Bill will amend the Carlton (Recreation Land) Land Act 1966 and the St. Kilda Land Act 1965 to enable all of the land at Ikon Park and at the St Kilda Marina to be leased under the relevant Act through a single long-term lease. This involves adding very small areas totalling 203 square metres at Princes Park and 0.7 ‍hectares at the St Kilda Marina to the leasable area under those Acts.

Improving the Great Ocean Road Act

The Great Ocean Road Act provides for the establishment and operation of the Great Ocean Road Coast and Parks Authority (the Authority) and the protection of the Great Ocean Road and its environs.

The Bill will make several miscellaneous amendments to improve the operation of the Act, including:

• clarifying several of the Authority’s functions

• improving the corporate planning provisions

• clarifying the definition of the ‘Great Ocean Road scenic landscapes area’ to ensure that relevant areas are not inadvertently excluded

• providing a more flexible approach to considering submissions on any draft strategic framework plan that are not adopted, and clarifying the approval and reporting requirements in relation to any such plan

• providing for the preparation of a land management strategy to provide long-term directions, strategies and priorities for the Authority’s land management.

Other amendments

The Bill will also make miscellaneous amendments to several Acts by:

• amending the National Parks Act to enable the Minister to authorise a private water pipeline over part of Hattah-Kulkyne National Park to adjoining freehold land and to grant a reasonable right of access over that park and the Bay of Islands Coastal Park to a person whose land abuts or is surrounded by those parks

• amending the Forests Act 1958 to clarify the status of some land under that Act

• replacing outdated language in the Crown Land (Reserves) Act and National Parks Act and repealing several spent provisions in those Acts

• repealing the National Parks (Amendment) Act 1989, which is now spent.

Conclusion

The Bill strikes the right balance between enhancing the protection afforded to some significant areas of Victoria’s natural and cultural heritage and providing opportunities for recreation and connection with nature.

I commend the Bill to the house.

Michael O’BRIEN (Malvern) (11:06): I move:

That the debate be adjourned.

Motion agreed to and debate adjourned.

Ordered that debate be adjourned for two weeks. Debate adjourned until Thursday 25 September.