National Park and Florentine Valley Act 1950
An Act to alter the boundaries of Mt. Field National Park for the purpose of increasing a concession granted by the Florentine Valley Paper Industry Act 1935 , to validate the reservation of that Park, to amend that Act for other purposes and to provide for matters consequential thereto
[Preamble Amended by No. 36 of 1958, s. 4 and Sched. 3 ]Whereas an agreement has been made between the Government of Tasmania and the Promoter defined in the Florentine Valley Paper Industry Act 1935 for confirming to the Promoter rights over certain timber in the Florentine Valley and for the surrender by the Promoter of certain rights over lands elsewhere:
And whereas doubts have arisen as to the validity of the reservation of the Mount Field National Park by reason of the uncertainty of the boundaries thereof:
And whereas the National Park consists of certain lands in the Parish of Neena, in the County of Buckingham reserved by three separate proclamations made under the Scenery Preservation Act 1915 and gazetted the twenty-ninth day of August 1916, the eighteenth day of February 1919, and the tenth day of June 1930, respectively:
And whereas it is expedient to give effect to that agreement and to resolve those doubts and settle those boundaries and those of the adjoining concessions created by the Florentine Valley Paper Industry Act 1935 and at the same time to make certain other amendments to that Act and to settle all consequential claims:
Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Mount Field National Park
This Act may be cited as the National Park and Florentine Valley Act 1950 .
[Section 2 Substituted by No. 36 of 1958, s. 4 and Sched. 3 ]In this Act, unless the contrary intention appears –Florentine Valley Act means the Florentine Valley Paper Industry Act 1935 ;National Park means the Mount Field National Park;Promoter means the Promoter as defined in the Florentine Valley Act .
3. Validation of proclamations
[Section 3 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]No objection shall be taken or allowed to the proclamations mentioned in the preamble to this Act or to the reservation thereby made on the ground of any uncertainty in the boundaries of the land therein described.
4. Redefinition of the National Park
(1) The National Park shall be bounded as set out in the first schedule .(2) The whole National Park as hereby defined shall be deemed to have been reserved under the Scenery Preservation Act 1915 , and the proclamations referred to in section three shall have no further force or effect.(3) [Section 4 Subsection (3) omitted by No. 47 of 1970, s. 52 and Sched. 1,Pt. II ]. . . . . . . .(4) For the purposes of the Florentine Valley Act this section shall be deemed to have come into force immediately before the commencement of the Florentine Valley Act : Provided that the Promoter his servants agents and licensees shall be under no liability for anything whatsoever heretofore done by him or them within the National Park as hereby defined.
5. Redefinition of a State forest
The dedication under the Forestry Act 1920 of 42,060 acres in the Counties of Franklin and Buckingham as a State forest by proclamation gazetted the twenty-seventh day of January 1925, is revoked from its commencement so far as it affects any land described in the first schedule .
6. Part of a State forest incorporated in the National Park
(1) Notwithstanding anything contained in the Forestry Act 1920 the dedication of the land described in the second schedule as a State forest is revoked.(2) [Section 6 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 3 ]Notwithstanding anything contained in the Forestry Act 1920 all or any forest permits granted thereunder are from the commencement of this Act revoked so far as they affect the land described in the second schedule .(3) [Section 6 Subsection (3) amended by No. 36 of 1958, s. 4 and Sched. 3 ]The land described in the second schedule shall be deemed to be a reserve under the Scenery Preservation Act 1915 , and shall from the commencement of this Act be part of the National Park.
PART II - Boundaries of Timber Concessions
(1) The amendments effected by this subsection have been incorporated into the authorised version of the Florentine Valley Paper Industry Act 1935 .(2) [Section 7 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 3 ]The amendment effected by this section shall be deemed to have been made from the commencement of the Florentine Valley Act : Provided that nothing contained in this section shall affect the rights of His Majesty and of the Promoter and of the Promoter's servants agents and licensees in respect of anything heretofore done on any of the lands comprised in the original third and fourth schedules to the Florentine Valley Act .
PART III - Logging Road[Part III, Repealed by No. 36 of 1958, s. 2 and Sched. 2 ][Section 8 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 9 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 10 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 11 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 12 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 13 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . . [Section 14 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . .
PART IV - Miscellaneous[Section 15 Repealed by No. 36 of 1958, s. 2 and Sched. 2 ]. . . . . . . .
Within twelve months of the commencement of this Act the boundaries of the National Park with the lands comprised in the first , third , and fourth schedules of the Florentine Valley Act as amended by this Act shall be marked on the ground to the satisfaction of the Surveyor-General and half the cost of any field work reasonably done for the purpose shall be borne by the Promoter and half shall be paid out of moneys to be provided by Parliament for the purpose.
SCHEDULE 1 - Mount Field National Park
Form
SCHEDULE 2 - Reserve Under the Scenery Preservation Act 1915
Form
SCHEDULE 3See section 7 (1) .
SCHEDULE 4See section 7 (1) .