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National Parks Advisory Council ANNUAL REPORT 2019

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Page 1: National Parks Advisory Council€¦ · 4 NATIONAL PARKS ADVISORY COUNCIL ANNUAL REPORT 2019 The Council The National Parks Advisory Council (Council) is established under section

National Parks

Advisory CouncilA N N U A L R E P O R T 2 0 1 9

Page 2: National Parks Advisory Council€¦ · 4 NATIONAL PARKS ADVISORY COUNCIL ANNUAL REPORT 2019 The Council The National Parks Advisory Council (Council) is established under section

Published by

the Victorian Government Department of Environment, Land, Water and Planning

Melbourne, September 2019

© The State of Victoria Department of Environment, Land, Water and Planning 2019

This publication is copyright. No part may be reproduced by any process except in

accordance with the provisions of the Copyright Act 1968.

Authorised by the Victorian Government,

8 Nicholson Street, East Melbourne 3002.

Print managed by Finsbury Green

Printed on 100% recycled paper

ISSN: 1834 – 1209 (print)

ISSN: 1834 – 1217 (online)

For more information contact the DELWP Customer Service Centre 136 186

Disclaimer

This publication may be of assistance to you but the State of Victoria and its

employees do not guarantee that the publication is without flaw of any kind or is

wholly appropriate for your particular purposes and therefore disclaims all liability

for any error, loss or other consequence which may arise from you relying on any

information in this publication.

Accessibility

If you would like to receive this publication in an accessible format, such as large

print or audio, please telephone 136 186, or through the National Relay Service

(NRS) using a modem or textphone/teletypewriter (TTY) by dialling 1800 555 677,

or email

[email protected]

This document is also available in PDF format on the internet at

www.delwp.vic.gov.au

Front cover: Twelve Apostles, Port Campbell. Images courtesy of Parks Victoria

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CONTENTS

Foreword 2

The Council 4

Statutory responsibilities 4

The Act 4

The parks system 4

Membership 4

Current members 5

Council activities 7

Program 7

Council meetings 7

Advice to the Minister 7

Corporate governance 10

Field visits 10

Attendance at forums 14

Presentations to Council 14

Administration 15

Expenditure 15

Protected Disclosure Act 2012 15

Freedom of Information Act 1982 17

Information and Communications

Technology (ICT) 17

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Foreword

It is with pleasure that we provide the Annual Report

of the National Parks Advisory Council to the Minister,

the Hon Lily D’Ambrosio MP, Minister for Energy,

Environment and Climate Change.

The Council met four times in 2018–19 and

participated in three field trips, namely, to:

• Kooyoora State Park in August 2018, to be informed

of progress in the Joint Management of five parks

and one reserve by the Dja Dja Wurrung clan and to

view the Kooyoora State Park first-hand

• Port Campbell National Park in March 2019 to

conduct site visits relating to several proposals

being put to NPAC for advice to the Minister, and to

learn of progress in relation to the Shipwreck Coast

Master Plan and upgrade projects in the Great

Otway National Park, and the development of the

proposed Great Ocean Road Authority

• The Western Grassland Reserves in May 2019 to

gain an understanding of the lands to be protected

and the potential strategies to manage this

important and complex ecosystem.

During 2018–19, the Council formally advised the

Minister on six matters for which advice was required

under the National Parks Act 1975 (the Act) in

accordance with sections 11(1)(a), 19G and 40.

• With respect to a new lease to Ski Club of East

Gippsland Inc at Johnson’s Hut, Bogong High

Plains, Council supported the proposed new

lease noting its consistency with the requirements

of Section 19G of the Act. Amongst a number

of factors, Council noted that the proposed

arrangement assists Parks Victoria in meeting a

number of objectives identified in the Greater Alpine

National Parks Management Plan

• Council supported the granting of a new short-term

lease to G & C Campbell over the Grants Kiosk

and Tearooms in the Dandenong Ranges National

Park. Council supported the determination that bird

feeding will not be permitted under any future long-

term lease arrangements

• Council supported a 21-year lease proposal

pursuant to s19G of the Act to Holdsworth Haulage

Pty Ltd over the Princess Margaret Rose Caves and

campground complex in Lower Glenelg National

Park. In endorsing the proposal, Council noted the

actions Parks Victoria had taken to support direct

negotiation, the proposed regularity of consultations

with the Gunditjmara peoples and lease conditions

pertaining to agreed investments at the facility

• In respect to Beach Energy Limited’s application for

consent to undertake petroleum operations within

Port Campbell National Park, Council recommended

that the Minister grant consent under s40 of the Act.

Council noted a number of factors for consideration

in minimising the impact on visitor amenity and

wildlife in the park

• Council recommended to the Minister that consent

under s40(1) and 40(3) of the Act and s77A(1) of

the Mineral Resources (Sustainable Development) Act 1990 not be granted to LV Blue Metal Pty Ltd

to search for stone in Tyers Park. In its advice to

the Minister, Council noted, amongst others, that

identified alternative resources in the vicinity exist, it

did not regard the proposed activity as a compatible

land use and it did not wish to create a precedent for

quarrying/mining in parks that might be established if

consent for exploration were allowed

• Council supported a proposed lease to Tourism Great

Ocean Road Pty Ltd for the Cape Otway Lighthouse,

located within the Great Otway National Park. Council

noted the appropriateness of the three-year short-

term lease given that longer term decisions about the

site will be an issue for consideration by the proposed

Great Ocean Road Authority and/or the Eastern Maar

Aboriginal Corporation.

The Convenor held several meetings with the Minister

to discuss these legislative issues along with matters

relating to the management of parks, and other issues

being discussed, and decisions reached, at Council

meetings.

During the year, Council also received informative

briefings and had discussions on a range of matters to

support its work.

Council continues to take a particular interest in the

impact of tourism in parks, its positive role in the state

and regional economies, as well as the need to manage

Parks consistent with the Act.

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Council also maintains a strong interest in the

development and progress of Joint Management

Plans and joint management activities with Traditional

Owner groups across the state.

In relation to the proposed Great Ocean Road

Authority, and the prospect of changed governance

arrangements along the Great Ocean Road with

respect to Crown Land management, including parks

under the Act, Council has reinforced the principle

that existing national park assets in Victoria should

be managed by the agency best equipped to do this,

that is, Parks Victoria. Parks Victoria’s expertise in the

management of cultural, natural and other assets,

and its capability with respect to managing, amongst

other things, fire and tourism in national parks, and

relationships with neighbours suggests there should

be no change to existing governance with respect to

national parks along the Great Ocean Road.

Council considered the draft Victorian Deer

Management Strategy (VDMS), which was subject

to public consultation. Through the present Council’s

interactions with Parks Victoria, and the Council’s

collective knowledge of current land management

issues across Victorian landscapes, Council is

highly aware that a rapid increase in the range

and abundance of deer populations is a significant

issue for the ecological integrity of parks, and the

experience of park users and the broader community.

Therefore, Council is most supportive of Department

of Environment, Land, Water and Planning progressing

a statewide strategy for the management of deer in

Victoria that takes decisive action on the control and

reduction of deer numbers in Victoria.

Council believes the Strategy should address Parks

Victoria’s obligations under the Act, to ‘ensure that

each national park and State park is controlled and

managed, in accordance with the objects of this

Act, in a manner that will: (i) preserve and protect the

park in its natural condition for the use, enjoyment

and education of the public; (ii) preserve and protect

indigenous flora and fauna in the park; (and) (iii)

exterminate or control exotic fauna in the park’.

In addition to respectful partnerships with hunters,

NPAC is supportive of the State Government providing

strong leadership by increasing funding towards deer

control and mitigation, particularly in national parks

to protect the economic, environmental, cultural and

social values of parks to all Victorians. The Strategy

rightfully identifies that there will be benefits of aligning

deer control programs where the control of other

herbivores is occurring – noting that Parks Victoria is

also actively controlling goats, pigs and feral horses on

their estate.

A successful Strategy will balance the economic benefit

of recreational deer hunting in Victoria (‘$142 million per

year’, VDMS, p. 10), with the economic benefit of park

tourism, currently estimated by Parks Victoria at $1.4

billion and 14,000 jobs (reference: https://parkweb.vic.

gov.au/about-us/valuing-victorias-parks).

To this point, NPAC would welcome the Strategy

addressing the considerable economic burden caused

by an escalating deer population in Victoria, including

the burden of managing increasing water quality

and erosion issues, vegetation impacts, biodiversity

impacts and road incidents.

Council was well supported in its work by the

Department of Environment, Land, Water and Planning

and Parks Victoria and has benefited from the

participation as observers and contributers at NPAC

meetings of the respective representatives of the

department (Ms Sarah Crute) and Parks Victoria (Mr

Matthew Jackson).

My thanks to members of the Council who have

contributed to Council’s deliberations and fulfilled their

role, and to Executive Officer, Sylvie Bideau, for her

continued support.

Doug Humann AM

Convenor

31 August 2019

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The Council

The National Parks Advisory Council (Council) is

established under section 10 of the National Parks Act 1975 (the Act). In 2018–19, the responsible Minister

was the Hon Lily D’Ambrosio MP, Minister for Energy,

Environment and Climate Change.

Statutory responsibilities

Under section 11 of the Act, the functions of the

Council are to:

• advise the Minister generally in relation to the

administration of the Act and on particular matters in

relation to that administration on which its advice is

sought by the Minister

• advise the Minister on any proposed excision from a

park referred to it by the Minister

• submit to the Minister within three months after each

year ending on 30 June a report on the performance

of its functions during that year.

In addition to these functions, the Minister is required

to seek advice from the Council in relation to the

granting of:

• certain leases within parks, under sections 19G,

30AAA, 30AAAC, 31AA, 31AABB, 32CA and 32CC

of the Act

• consents in relation to various earth resources

tenements and operations within parks, under

section 40(3) of the Act.

The Act

The Act governs the protection, use and management

of Victoria’s parks system. It provides a strong

framework for ensuring that the uses and management

of the parks are compatible with the long-term

maintenance of their natural and cultural values.

Up until 12 September 2018, the Secretary to the

Department of Environment, Land, Water and Planning

was responsible under the Act for ensuring the

appropriate management of parks in accordance with

the Act. Parks Victoria (PV), established under the

Parks Victoria Act 1998, managed the parks under

a management agreement with the Secretary. On 12

September 2018, as a result of the Parks Victoria Act

and the re-establishment of PV as a strengthened and

more independent park management agency, PV took

over the responsibilities of the Secretary under the Act.

The parks system

As at 30 June 2019, there were 139 parks and

reserves, with a total area of approximately 3.46 million

hectares managed under various provisions of the

Act. These areas comprised 45 national parks, three

wilderness parks, 26 state parks, 13 marine national

parks, 11 marine sanctuaries, 11 marine and/or coastal

parks or reserves, 15 other parks and reserves, and

15 non-scheduled areas. In addition, there were

19 wilderness zones and 22 remote and natural areas

within 13 national parks, and four designated water

supply catchment areas within three national parks.

Membership

Council consists of eight members with specific skills

and experience, appointed by the Governor in Council:

• two people with skills or experience relating to the

preservation and the protection of parks

• one who is a professor or teacher of ecology at

a university in Victoria

• one with experience in local government who

resides in a municipality in which there is a park

• four (at least two of whom reside outside of the

metropolitan area) with experience with matters

affecting the interests of the community.

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Current members

The members of the Council on 30 June 2019 were:

Mr Douglas Humann AM (Convenor)

BA (Hons), Dip Ed

Mr Humann has almost 40 years of leadership

experience in the non-government sector across

Australia, working principally with environmental

NGOs, as well as Indigenous groups and natural

resource management authorities. Mr Humann is the

current Chairman of Landcare Australia and Deputy

Chair of Dhelkunya Dja Land Management Board.

He was CEO of Bush Heritage Australia (1997–2011)

and led the Victorian National Parks Association

(1990–97). Mr Humann runs his own consultancy and

is a graduate of the Australian Institute of Company

Directors.

Mr Adam McLean (Member)

Mr McLean has been a practising lawyer for over

25 years – 15 years as a barrister. Mr McLean

specialises in native title and land rights, industrial

relations, and board governance and has also advised

many traditional owner groups in their negotiations

for Aboriginal owned and co-managed national parks

and reserves in Victoria, NSW and Queensland. Before

law, Mr McLean gained an honours degree in zoology

and during completion of his honours thesis surveyed

Point Nepean Army Reserve. Mr McLean was raised in

the Mornington Peninsula and has a keen interest

in conservation, parks and reserves.

Mr Michael Fendley (Member)

Mr Fendley lives on a small farm near Dunkeld

in western Victoria. He has a life-long interest in

Victoria’s parks and environment, studying ecology

and environmental planning at university before

becoming one of the first environment officers for Local

Government in Australia. He was Conservation Manager

for Birds Australia (now Birdlife Australia), member of

seven threatened-species recovery teams, CEO of

the Victorian National Parks Association during the

creation of the Marine and Box-Ironbark parks systems,

Manager of the Green Steps Program at Monash

University and Manager Sustainability Programs for

DSE (now DELWP) in Barwon- South West.

Ms Anna Foley (Member)

Ms Foley is an experienced environmental advisor

with a background in ecology, statutory planning,

heritage, and community engagement. She is the

Regional Operations Manager at Trust for Nature,

overseeing a protected area network of more than

100,000 hectares. Prior to this role, Ms Foley was

the Conservation Manager at the National Trust of

Australia (Victoria), regularly appearing at Planning

Panels and VCAT to advocate for natural and cultural

heritage protection. Ms Foley is an alternate member

of the Heritage Council of Victoria and a member of

the Reference Areas Advisory Committee, as well as

volunteering for the National Trust.

Ms Judy Dixon (Member)

Ms Dixon is a rural resident and Director of JADE

Comm, a business which specialises in delivery

of tourism and communication services; its client

base includes local government and small business.

Ms Dixon has extensive experience working in the

local government sector across communications,

tourism, economic development and organisational

development. Her focus is on partnerships and

initiatives that strategically contribute toward

destination sustainability. Ms Dixon is a former

member of the Alpine Resorts Coordinating Council

and the Mt Buller and Mt Stirling Alpine Resort

Management Board and past President of Mansfield

Secondary College. Her interests include horse riding

and snow skiing.

Dr Mary-Jane Rogers (Member)

Dr Rogers is a rural resident with experience in

matters affecting the interests of the community and

an active member of the Shepparton/ Goulburn Valley

community. She is involved in a range of community

groups, including in the areas of the environment and

community use of parks. Dr Rogers is a part-time

research scientist with Agriculture Victoria (Department

of Jobs, Precincts and Regions) and has a strong

scientific background in plant biology and physiology

and in science quality and delivery. She brings to the

council many years of experience in natural resource

management issues and their effects on the rural

community. Dr Rogers was previously a member of

NPAC from 2010–13.

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Associate Professor Ursula de Jong (Member)

Dr de Jong is Associate Professor in the School

of Architecture and Built Environment, at Deakin

University, Geelong. She is Director of GEDI –

Gender, Equity, Diversity and Inclusion in the School.

She is an architectural historian and a researcher of

place. Dr de Jong was lead investigator on the recently

completed Australia Research Council Sea Change

Linkage Grant (2011–2016), which considered the

impact of change on the coastal communities of

Sorrento and Queenscliff in Victoria. Dr de Jong is

Deputy Chair of the National Trust of Australia (Victoria),

a member of the National Liturgical Architecture and

Art Council (NLAAC) and President of the Nepean

Conservation Group, which has cared for the local

environment since 1973 and oversees 19 local Friends’

Groups on the tip of the Mornington Peninsula, two

in the MPNP. In 2017 she was appointed Chair of the

Reference Areas Advisory Committee.

Mr Chris Rose (Member)

Mr Rose is acknowledged as a world leader and

expert in the management of national parks and

reserved lands. He has worked in the areas of public

land management, tourism and regional development

and emergency management and recovery for over

35 years. Mr Rose has held positions in Victorian

local government (Shire of Healesville), the Tasmanian

Parks and Wildlife Service, and from 1996 to 2015,

in Parks Victoria. His career at Parks Victoria included

managing many of the state’s outstanding protected

areas in various executive roles including 12 months

as Acting Chief Executive Officer of Parks Victoria.

He left the sector in 2015 to start his own consulting

firm specialising in business strategy development

and ecotourism.

When the Parks and Crown Land Legislation Amendment Act 2017 came into force, the following

members were no longer included as members of

Council. However, recognising the critical role each plays

in decisions regarding Victoria’s parks these members

have been offered observer status to the current Council

and are welcomed as participants in meetings but

without any decision-making responsibilities:

• Secretary of the Department of Environment,

Land, Water and Planning (or his or her nominee)

• Director of National Parks (who is the Chief

Executive Officer of Parks Victoria)

Council has benefitted from participation by Ms Sarah

Crute as nominee of the Secretary, and Mr Matthew

Jackson who is the Chief Executive Officer of Parks

Victoria.

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Council activities

Program

Council structures its work program according to its

statutory responsibilities, provides advice required on

key government investigations, policies and strategies,

and fulfils its corporate governance responsibilities.

Council continued to take a close interest in on-

ground park management issues through field visits,

discussions with Parks Victoria field staff and regular

briefings by Parks Victoria and departmental staff.

During 2018–19, Council held four meetings and

conducted three inspections at the Kooyoora State

Park (North Central Victoria) in August 2018, at

Port Campbell National Park (South-western district

of Victoria) in March 2019 and in May 2019 at the

Western Grasslands Reserve, Werribee.

Council meetings

Meeting No. 284 22 August 2018

Meeting No. 285 12 November 2018

Meeting No. 286 20 March 2019

Meeting No: 287 9 April 2019

Advice to the Minister

Under section 11(1)(a) of the Act, it is a function of

Council ’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’. The Act requires that any advice

received must be tabled in both Houses of Parliament.

New Lease to Ski Club of East Gippsland Inc.

at Johnston’s Hut, Bogong High Plains, Alpine

National Park, under section 19G of the Act.

The National Parks Advisory Council was requested,

in accordance with section 19G of the Act, to advise

the Minister on the granting of a new lease to Ski Club

of East Gippsland Inc at Johnstons Hut, Bogong High

Plains, Alpine National Park. At its meeting on

22 August 2018, the Council gave consideration to

this lease and heard a submission from Parks Victoria

for its continuation under particular circumstances.

Council supported the proposed lease and noted

that it is consistent with requirements under Section

19G of the Act. Furthermore, the Council noted the

following:

• the lease arrangement builds on the long-standing

relationship with – and continuing use of – Johnstons

Hut by Ski Club of East Gippsland Inc (SCEG)

• SCEG has demonstrated its ability to operate the

ski hut, including as a refuge

• SCEG has formal governance arrangements in place

to be in a position to meet its obligations 

• the proposed rental aligns with set rates, which are

based on expected community benefit

• the direct negotiation method used by Parks Victoria

for this process with SCEG is appropriate given the

circumstances

• a number of conditions including protection of

Aboriginal heritage, environmental impacts and the

maintenance of the public refuge were taken into

account in the lease arrangements

• that Parks Victoria carries no obligations or liabilities

for the operation and management of the ski hut

other than it being on the Parks Victoria asset

register

• that the proposed arrangement assists Parks Victoria

in meeting a number of objectives identified in the

Greater Alpine National Parks Management Plan.

New lease to G&C Campbell over the Grants

Kiosk and Tearooms, Dandenong Ranges

National Park, under section 19G of the Act.

The National Parks Advisory Council was requested,

in accordance with section 19G of the Act, to advise

the Minister on the granting of a new interim lease to

G & C Campbell over the Grants Kiosk and Tearooms,

Dandenong Ranges National Park.

At its meeting on 12 November 2018, the Council

gave consideration to this lease and heard a

submission from Parks Victoria for its continuation

under particular circumstances.

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Council supported the recommendation to grant a

new short-term lease to G & C Campbell over the

site from 15 February 2019 to 11 February 2020 for

the purposes of the operation and management of

the Grants Kiosk and Tearooms, maintenance of the

existing buildings and assets, including public toilets,

and the provision of visitor services (including bird

feeding) and general visitor information.

In its deliberations, Council noted and supported,

the process that Parks Victoria has undertaken

around the long-term tenure of the site, the phasing

out of the current bird feeding attraction and the

competitive process that will be undertaken in early

2019 in an effort to progress a new lease commencing

in February 2020. Council members support the

determination that bird feeding will not be permitted

under the proposed future lease.

A new lease to Holdsworth Haulage Pty Ltd

over the Princess Margaret Rose Caves and

Campground Complex, Lower Glenelg National

Park, under section 19G of the Act.

The National Parks Advisory Council was requested,

in accordance with section 19G of the Act, to

advise the Minister on the granting of a new lease

to Holdsworth Haulage Pty Ltd over the Princess

Margaret Rose Caves and Campground Complex,

Lower Glenelg National Park.

At its meeting on 12 November 2018, the Council

was briefed by Parks Victoria on the history and

background to the operation and the proposal to enter

into direct negotiations with the current tenant.

NPAC supported the 21-year lease pursuant to section

19G of the Act via direct negotiations with Holdsworth

Haulage Pty Ltd as trustee for The Simoluke Trust for

the operation of the Princess Margaret Rose Caves

and Campground complex, within the Lower Glenelg

National Park, including cave tours, camping and

cabins, operator’s residence, kiosk and cafe, visitor

and information centre and ancillary activities.

In endorsing the proposal, Council noted:

• the validity of reasons why direct negotiation is the

preferred option of Parks Victoria

• formal newspaper advertising of Parks Victoria’s

intent to negotiate directly with Holdsworth Haulage

Pty Ltd does allow the opportunity for other parties

to express interest in operating the site

• indigenous impacts will be accounted for through

consultations with the Gunditjmara peoples

• that the lease agreement will include penalty

mechanisms should the operator fails to make

agreed investments listed in the lease.

Advice under Section 40 of the Act on the

Beach Energy Limited Application for consent

to undertake petroleum operations within Port

Campbell National Park.

The National Parks Advisory Council was requested,

in accordance with section 40(3) of the Act, to advise

the Minister on the application for consent by Beach

Energy Limited to undertake petroleum operations

within the Port Campbell National Park.

The Council received a presentation from Beach

Energy representatives on 12 November 2018 and

undertook a comprehensive site inspection of the

proposed project area on 19 March 2019. From

information gathered during these two activities, and

briefings by Parks Victoria staff, Council members

were able to note:

• the level of community engagement and depth of

analysis that has been undertaken by Beach Energy

in respect of this project

• that extreme risks attached to the project are

mitigated through comprehensive plans as

exemplified by the company’s section 40 consent

application. NPAC’s focus has been on Port

Campbell National Park where the project will have

a low impact: the operational site of the project is

outside the park on private land and drilling through

the Park will be 700 metres below the surface

• NPAC’s focus has been on the terrestrial Port

Campbell National Park, and although consideration

was also given to the impact on adjacent marine life

this is outside of NPAC’s purview

• that there will be a separate approval process for

gas production.

The Council recommended that the Minister grant

consent under s40 of the Act to enable Beach

Energy Limited to conduct the proposed petroleum

exploration operations within the park subject to the

terms and conditions of the consent drafted by Parks

Victoria, but NPAC noted the following:

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• Port Campbell National Park’s visitor numbers are

amongst the highest in the state and it is an iconic

National Park

• to mitigate against noise and visual impacts

including light from the ‘operations’ site on private

land, and to minimise the impact on visitor amenity

for those in the Port Campbell National Park,

adequate natural screening and landscaping should

be maintained for the duration of the project

• to mitigate against impact on visitor amenity and

notwithstanding Beach Energy’s statements, it

should be ensured that there are no large haulage

road movements on the Great Ocean Road through

the Port Campbell National Park during any stage of

the project, except for emergency purposes

• that high tourism visitation periods in the Port

Campbell National Park should be avoided during

the construction period, and that the visitor

experience and traffic on the Great Ocean Road

should be protected

• that the Environmental Plan should be approved by

the Chief Executive Officer or Chief Operating Officer

of Parks Victoria

• that a request to cease or shut down operations

should be elevated to a level higher than District

Manager; Regional Director is suggested as a

minimum

• it is noted there will be a separate approval process

should there be a request for gas production.

Advice under Section 40 of the Act on LV Blue

Metal Pty Ltd application to search for stone in

Tyers Park.

The National Parks Advisory Council was requested,

in accordance with section 40(1) and 40(3) of the

Act and Section 77A(1) of the Mineral Resources (Sustainable Development) Act 1990, to advise the

Minister on the application for consent by LV Blue

Metal Pty Ltd to search for stone within Tyers Park.

The Council received a presentation from LV Blue

Metal Pty Ltd representatives on 12 November 2018.

From information gathered during this presentation,

and briefings by Parks Victoria staff, Council members,

after considerable discussion agreed on the following

position:

The Council recommended to the Minister that she

does not provide consent under section 40(1) and

40(3) of the Act and Section 77A(1) of the Mineral

Resources (Sustainable Development) Act, to search

for stone in Tyers Park and noted:

• that the resource was not uniquely limited to this

location and there were identified alternatives in the

vicinity which the proponent might consider

• that although the proposed activity was relatively

benign, NPAC did not see it as a compatible land use

• that a successful application to search might imply

to the proponent an agreement to quarry/ mine

would be forthcoming, and Council was unlikely

to advise support for quarrying/ mining

• this position was consistent with precedents

established by the NPAC in similar considerations

• that NPAC did not wish to create a precedent for

quarrying/ mining in parks scheduled under the Act

that might be established if consent for exploration

were allowed.

Advice under Section 19G of the Act on a new

three-year lease to Tourism Great Ocean Road

Pty Ltd at Cape Otway for the Lighthouse

Reserve, Great Otway National Park.

The National Parks Advisory Council was requested,

in accordance with section 19G of the Act, to advise

the Minister on the granting of a new three-year lease to

Tourism Great Ocean Road Pty Ltd at Cape Otway for

the Lighthouse Reserve, Great Otway National Park.

At its meeting on 20 March 2019, NPAC gave

consideration to this request and heard a submission

from Parks Victoria for its continuation under particular

circumstances.

NPAC supported Parks Victoria’s recommendation

for the proposed lease to Tourism Great Ocean Road

Pty Ltd.

In its deliberations NPAC noted the following:

• the expiration of the 21-year lease on a site, which

was at the time of signing not in the Cape Otway

National Park, and thus there is a change of context

from when initial lease was created

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• more importantly, due to the proposed establishment

of the Great Ocean Road Authority (GORA) and

negotiations between the State Government and the

Eastern Maar Aboriginal Corporation (EMAC), NPAC

is satisfied that the proposed three-year short-term

lease is appropriate given that longer term decisions

about the site will be an issue for consideration by

GORA and/or EMAC

• that there will be quarterly meetings between EMAC

and the lessee

• requirements regarding maintenance, the

mechanisms in place to hold the lessee accountable

for internal maintenance, non-structural maintenance

and fit-out

• that the lessee/ proprietor has been managing the

site to a high standard consistent with Heritage

Victoria requirements and there has been positive

feedback from visitors

• there is a contingency plan should the business fail.

Corporate governance

The Council has adopted and adapted the following

DELWP policies and procedures:

• Code of Conduct

• Conflict of Interest

• Meetings and decision-making

• Dispute Resolution

• Gifts, benefits and hospitality

• Performance Assessment.

Field visits

NPAC undertook three field visits during 2018–19:

In August 2018, Council members made a field visit

to Kooyoora State Park in central Victoria. The

purpose was for Council to be informed of progress

in the development of Joint Management of five parks

and one reserve by the Dja Dja Wurrung Traditional

Owners with Parks Victoria, and to view Kooyoora

State Park first hand.

Council received a Welcome to Country at Kooyoora

State Park from members of Parks Victoria’s Dja Dja

Wurrung ranger team, which manages the cultural

heritage of the six jointly managed parks.

Council visited several sites in the Kooyoora State

Park including a crystal mine and rock shelters near

the Southern Lookout. Mr Trent Nelson, who leads the

Dja Dja Wurrung ranger team, provided commentary

on the significance of sites including rock shelters,

rock wells and scar trees, along with artefacts such as

spear heads which are found throughout the Park and

adjacent land.

Council members had been prepared for the visit

by listening to presentations on Parks Victoria’s

‘Managing Country Together’ program as well as

updates on Joint Management planning for the parks

at an earlier NPAC meeting.

Council was impressed with the difference that

joint management is making to the lives of the

Dja Dja Wurrung ranger team, which reinforces the

importance of the Joint Management program for

building capacity and connections.

The visit was extremely instructive for members to

understand the progress and importance of Joint

Management as it is established across Victoria.

A final joint management plan was adopted by the

State Government for the Dja Dja Wurrung parks

in October 2018 and for the Gurnaikurnai parks in

Gippsland in July 2018.

Kooyoora State Park – A. Foley August 2018

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In March 2019, Council members were joined by

Parks Victoria Traditional Owner staff and other

Parks Victoria management staff on a field visit to

Port Campbell on the Shipwreck Coast. The purpose

was for Council to conduct site visits relating to a

number of proposals being put to NPAC for advice to

the Minister and to be informed of progress in relation

to the Shipwreck Coast Master Plan, projects to

upgrade tourism and visitor infrastructure in the Great

Otway National Park and the impacts of tourism and

visitation more broadly.

Proposed Beach Energy Development

Port Campbell National Park

NPAC visited Two Mile Bay and The Arch visitor sites

within the Port Campbell National Park to provide

context on the nearest areas of National Park to the

proposed Beach Energy development site and then

proceeded to the operational Beach Energy Halladale

and Speculant gas plant, which is analogous to the

proposed new development.

It was instructive to see the site, its footprint and

associated scale of infrastructure and visual impact.

NPAC proceeded to the greenfield site of the

temporary proposed drilling plant, located on privately

owned cleared farmland adjacent to the Park.

Representatives from Parks Victoria, DELWP and

Beach Energy were available at both sites to answer

questions that focused around park values and

likely impacts on flora and fauna and visitors, safety

measures and monitoring, compliance with noise

and light emission regulations and site remediation.

The timing of works was also discussed in relation

to bird and sea mammal migration patterns, fishing

licences and peak visitation time for visitors. The first-

hand knowledge gained from these inspections was

instructive in formulating NPAC’s advice to the Minister

on the Beach Energy proposal.

Shipwreck Coast Masterplan

At Glenample Homestead, NPAC was briefed on the

Masterplan that was released in 2015 to cover 28 km

from Princeton to Peterborough. This comprehensive

plan for the future management and development

of the Shipwreck Coast is designed to mitigate the

negative pressures associated with the huge day

visitation that totals 5–6million visits per annum while

improving visitor experience and the economic and

social benefit of visitation to the region. The works

associated with Stage 1 and Stage 2 were explained

including the associated consultation, investigation

and approvals to date and timelines.

NPAC saw the proposed site of Stage 2 Glenample

Visitor Facility, Gibson Steps where the geotechnical

risk issues of management in Port Campbell National

Park were self-evident, and Sherbrooke River car park

and Loch Ard Gorge where discussion focused around

proposed lookouts and associated environmental,

geotechnical and visitor experience considerations.

Parks Victoria staff were on hand to discuss the

concerns around impacts on the park of up to 20,000

visitors per day and the importance of visitor safety

in light of the planned infrastructure improvement

projects. There was also healthy conversation around

the suite of management strategies used by public

land managers in other high visitation sites across the

globe where demand exceeds available infrastructure

capacity. The importance of park and ride became

clear on first-hand experience of the traffic and

infrastructure pressures on key sites of the Great

Ocean Road.

At Port Campbell, NPAC inspected the site of another

Stage 1 project being the construction of a bridge over

Campbells Creek and the associated cultural heritage

and environmental considerations in project design,

community consultation and flood mitigation.

Glenample Homestead – A. Foley March 2018

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Great Otway National Park

Melba Gully is the site for upgrade works and NPAC

members were provided an inspection of the existing

facilities and briefed on the upgrades by Parks Victoria

staff. The upgraded shelter and facilities will assist in

dealing with the visitor overflow while major upgrade

works are carried out at nearby Maits Rest. The lack

of power at the toilet block is the key concern needing

to be addressed subject to funding, with energy

efficiency and amenities being key objectives.

Council also visited Maits Rest on the Great Ocean

Road, which is a popular stop for single car visits and

tour groups due to the opportunity to walk amongst

majestic Mountain Ash and fern gullies. Members

observed site tours underway with guides speaking to

the values of the park and visitors actively engaged in

the tours. NPAC members were briefed on the scale

and cost of the major capital works being undertaken

including board walks, lookouts and bridges and the

importance of Maits Rest and Melba Gully as part of

the totality of a Great Ocean Road visit with its very

different rainforest vegetation experience.

A very busy two days field trip for NPAC was

incredibly valuable in ensuring members have first-

hand experiences and access to experts to answer

questions and help inform opinions and advice in order

for the Council to fulfil its function to provide advice to

the Minister.

Image from Parks Victoria

In May 2019 NPAC members undertook a single

day field trip to the Western Grasslands Reserves

The Western Grasslands Reserves is an area that

eventually will cover 15,000 hectares, with land

currently being acquired where it is subject to an

existing Public Acquisition Overlay, and the landowner

initiates the settlement process with the State. The

reserves are intended to offset the loss of native

grassland in areas designated by the state government

for urban growth in Melbourne’s north and west.

A number of sites were visited within the reserve and

members were struck by the enormity of work needed

and management issues required to rehabilitate

degraded cleared land to sustain local biodiversity

and develop a full habitat through restoration ecology.

Potentially, the reserves will contain native grassland,

open grassy woodland, rocky knolls, waterways and

ephemeral wetlands. These grassland reserves will

provide habitat for species including the Golden Sun

Moth, Striped Legless Lizard, Growling Grass Frog,

Button Wrinklewort and Spiny Rice-flower.

The visit was instructive for members to understand

the complexity of the area, the progress to date both

in terms of acquisition and management of the area.

Members considered that it would be important to

involve the local community at the earliest opportunity

to develop a long-term vision for the reserve that

balances the nature conservation outcomes sought and

provides space for human wellbeing and recreation.

Council considered the following principles for further

discussion regarding the development, management

and promotion of the Melbourne Western Grassland

Reserves.

• The Reserves and the important additions to them

provide a wonderful opportunity for profiling national

parks in a culturally and economically diverse part of

Melbourne where open space is at a premium

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• The Reserves offer a striking landscape setting as

open grasslands with distant horizons and a city

skyline in the distance

• The Reserves need to be valued in their own right

and interpreted for their values.

• Land acquisition needs to be hastened beyond

voluntary acquisitions

• Parks Victoria and the Government should be

proactive in commencing community engagement

and consultation about these Reserves, especially

with Traditional Owners, and with ‘Friends’ groups.

Council was enthusiastic for:

• an inspiring vision and engagement strategy being

embarked on early

• the opportunities of observing site evidence of

Aboriginal occupation

• opportunities for education and information

• opportunities for cross-generational engagement

• resourcing the clean-up, rehabilitation and

presentation of these Reserves will be costly and

the resources and partnerships to do so need to be

claimed

• innovative restoration techniques need continuous

trialling and monitoring

• ‘no touch’ reference areas need to be set aside and

monitored.

Western Grasslands Reserve – D Humann – 6 May 2019

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Attendance at forums

Attendance at forums – Members throughout the reporting period :

Number of meeting attended

Mr Doug Humann 4 out 4

Mr Adam McLean 3 out 4

Ms Anna Foley 4 out 4

Mr Michael Fendley 3 out 4

Ms Judy Dixon 4 out 4

Mr Chris Rose 2 out 4

Dr Mary-Jane Rogers 4 out 4

Associate Professor Ursula de Jong 3 out 4

DELWP – Permanent Invitee, non-member – Ms Sarah Crute 2 out 4

Parks Victoria – Permanent Invitee, non-member – Mr Matthew Jackson 4 out 4

Presentations to Council

Title Presenter Date

Presentations at meetings

Presentation to Council on new lease to Ski

Club of East Gippsland Inc at Johnson’s Hut,

Bogong High Plains, Alpine National Park

Mr Tim Shepherd

Parks Victoria – Senior Manager Commercial Agreements –

Commercial Directorate Operations Division

22 August 2018

Presentations to Council on Managing

Country Together and on the Gunaikurhnai

Joint Management Plan Update

Mr David Lucas

Parks Victoria – Senior Manager Managing Country

Together

22 August 2018

Presentation to Council on the Belfast

Coastal Reserve Management Plan

Mr Stuart Hughes

Parks Victoria – Director Park Planning and Policy

22 August 2018

Presentation to Council on the new interim

lease to G&C Campbell for the operation

and management of the Grants Kiosk

and Tearooms in the Dandenong Ranges

National Park

Mr Tim Shepherd

Parks Victoria – Senior Manager Commercial Agreements –

Commercial Directorate Operations Division

12 November 2018

Presentation to Council on the new interim

lease to Holdsworth Haulage Pty Ltd for part

of the Lower Glenelg National Park

Mr Tim Shepherd

Parks Victoria – Senior Manager Commercial Agreements –

Commercial Directorate Operations Division

12 November 2018

Presentation to Council by Beach Energy

Limited on proposed petroleum operations

within Port Campbell National Park

Ms Linda French

Community Relations Manager

Mr Geoff Atherton

Onshore Drilling Superintendent, Offshore and Special

Projects Drilling

Ms Catriona Kind

Environmental Advisor [Development]

12 November 2018

Presentation to Council by

LV Blue Metal Pty Ltd for stone exploration

within Tyers Park

Mr Gary Tate

Consultant

Mr Graeme Kennedy

Project Advisor

12 November 2018

Presentation to Council for the new three-year

lease to Tourism Great Ocean Road Pty Ltd at

Cape Otway for the Lighthouse Reserve

Mr Tim Shepherd

Parks Victoria – Senior Manager Commercial Agreements

– Commercial Directorate Operations Division

20 March 2019

Presentation to Council on the Parks Victoria

Bill and the government response to the

VEAC Statewide Investigation Final Report

Ms Fiona Harris

Project Manager, Crown Land Management Reform – DELWP

Mr Doug Hooley

Principal Legislation and Policy Officer – DELWP

9 April 2019

Presentation to Council on Sea to Summit

Update

Ms Sofi de Lesantis

Acting Director, Parks Planning & Policy, Parks Victoria

9 April 2019

Presentation to Council on Bass Coast

Marine Coastal National Park

Mr Mark Riley

Manager, Park and Waterway Policy, Parks Victoria

9 April 2019

Presentation to Council on the resubmission

for NPAC consideration of Tyers Park

Mr Mark Riley

Manager, Park and Waterway Policy, Parks Victoria

9 April 2019

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Administration

Expenditure

DELWP provides Council with an executive officer to

support its work. Council complied with departmental

policies in performing its functions throughout the

reporting period. Financial and other information relating

to the Financial Management Act 1994 is included in

the department’s annual report for 2018–19.

Table 2: Expenditure incurred by Council in

undertaking its responsibilities

2017 –18 2018–19

Meeting fees 5,500.00 10,820.00

Other operating expenses 15,575.58 16,437.59

Total $21,075.58 27,257.59

Consultancies below $10,000

None.

Consultancies above $10,000

None.

Major contracts

During 2018–19, the Council did not enter into any

contracts valued over $10 million.

Significant changes in financial position

There were no significant changes in financial position

during the reporting period.

Major changes affecting performance

There were no major changes or factors affecting

performance.

Subsequent events

There were no events subsequent to the balance date

that significantly affect the operating performance of

the Council in the future.

Workforce Data

As at 30 June 2019, the Council secretariat consisted

of one staff member:

• Sylvie Bideau – Executive Officer.

There has been no change in the number of ongoing

staff positions in the secretariat from the previous

financial year. Council staff is also included in the

employment statistics for the DELWP in 2018–19.

The Council is committed to apply merit and equity

principles when appointing staff. The selection

processes ensure that applicants are assessed and

evaluated fairly and equitably on the basis of the key

selection criteria and other accountabilities without

discrimination.

Government Advertising Expenditure

Government Policy requires disclosure of all

Government Advertising Expenditure with a total

media buy of $150,000 or greater (exclusive of GST).

No Government Advertising Expenditure was incurred

by the Council during the reporting period.

Protected Disclosure Act 2012

Compliance with the Protected Disclosures Act 2012

The Protected Disclosure Act was part of a package

of integrity reforms introduced by the Victorian

Government, which also established the Independent

Broad-based Anti-corruption Commission (IBAC).

The Protected Disclosure Act enables people to

make disclosures about improper conduct within the

public sector without fear of reprisal. It aims to ensure

openness and accountability by encouraging people to

make disclosures and protecting them when they do.

What is a ‘protected disclosure’?

A protected disclosure is a complaint of corrupt or

improper conduct by a public officer or a public body.

The NPAC is a ‘public body’ for the purposes of the Act.

What is ‘improper or corrupt conduct’?

Improper or corrupt conduct involves substantial:

• mismanagement of public resources

• risk to public health or safety or the environment

• corruption.

The conduct must be criminal in nature or a matter for

which an officer could be dismissed.

How do I make a ‘Protected Disclosure’?

You can make a protected disclosure about the NPAC

or its members, officers or employees by contacting

DELWP or IBAC on the contact details provided below.

Please note that the NPAC is not able to receive

protected disclosures.

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How can I access the NPAC’s procedures for the protection of persons from detrimental action?

DELWP has established procedures for the protection

of persons from detrimental action in reprisal for

making a protected disclosure about the NPAC or its

employees. You can access DELWP’s procedures on

its website at:

www.delwp.vic.gov.au

Independent Broad-Based Anti-Corruption

Commission (IBAC) Victoria

Address: Level 1, North Tower, 459 Collins Street,

Melbourne Victoria 3000.

Mail: IBAC, GPO Box 24234, Melbourne Victoria

3001

Internet: www.ibac.vic.gov.au

Phone: 1300 735 135

Email: see the website above for the secure email

disclosure process, which also provides for

anonymous disclosures.

Compliance with DataVic Access Policy

Consistent with the Victorian Government’s DataVic

Access Policy (2012), the Council intends that data

tables that it may produce in the future will be available

at http://data.vic.gov.au/ in machine readable format.

Summary of environmental performance

The Government’s aim of improved environmental

management is supported by a requirement that

departments disclose their ongoing performance in

managing and reducing the environmental impacts

of their office-based activities. The Council makes use

of DELWP offices and facilities to perform its functions

and the reporting requirement of the office is met by

DELWP. The Council secretariat participates fully in

a range of environmental programs undertaken by

DELWP, including:

• separation of reusable, recyclable, compostable and

landfill waste

• use of Green Power

• use of flow restricted taps and waterless urinals

• use of recycled paper and use of duplex printing

• environmentally sustainable fitouts

• regular use by staff of public transport, cycling or

walking to and from work.

Statement of Availability of Other Information

Additional information included in annual report

Details in respect of the following items have been

included in this report:

• assessments and measures undertaken to improve

the occupational health and safety of employees

• a statement on industrial relations

• a statement of completion of declarations of

pecuniary interests.

Information that is not applicable to the Council

The following information is not relevant to the Council:

• details of publications produced and how these can

be obtained

• details of major research and development activities

undertaken

• details of major promotional, public relations

and marketing activities undertaken to develop

community awareness of the entity and its services

• details of overseas visits undertaken

• list items relevant to this section

• details of changes in prices, fees, charges, and

levies charged

• a list of the Council’s committees

• a declaration of shares held by Council members

and senior officers

• details of any major external reviews carried out on

the Council.

National Competition Policy

Council adheres to the principles of the National

Competition Policy (NCP) to ensure any business

competition with private entities takes place in

an environment where the Council has no unfair

competitive advantages.

Local Jobs First Act 2003

During the year Council, did not enter into any contracts

to which the Local Jobs First Act 2003 applied.

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Building Act 1993

In accordance with the reporting directions, the annual

report must include a statement about compliance

with the building and maintenance provisions of the

Building Act 1993. The Council makes use of building

and facilities controlled by DELWP to perform its

functions and does not own or control any buildings.

Occupational health and safety policy

Council utilises DELWP Occupational Health and

Safety policies and procedures.

Public administration employment and conduct

principles

Victorian Public Service merit and equity principles are

applied in the appointment and management of staff.

The NPAC follows the merit and equity principles used

by DELWP in accordance with Government directives

and the Public Administration Act 2004.

Freedom of Information Act 1982

Council is an agency under the Freedom of Information Act 1982, and it complies with the

procedures prescribed under which members of

the public may gain access to information held by

agencies. A decision to release information is made

by an authorised officer.

The authorised officer is the DELWP Freedom of

Information Manager, Kim Reeves (03) 9637 9730.

No Freedom of Information requests were made

during the 2018–19 reporting period.

An application fee applies. The fee from 1 July 2018

is $28.90.

Information and Communications Technology (ICT)

NPAC falls under the umbrella of DELWP in regards to

ICT and providing ICT services. Please refer to DELWP

Annual Report 2018–19.

Risk Management

While the NPAC examines the risks of delivery of its

particular work functions and objectives on an ongoing

basis, it relies on the DELWP risk management

framework and internal audit of financial and other

administrative systems which are used by the NPAC’s

Secretariat. Please refer to the DELWP annual report

for further information.

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Disclosure Index

Legislation Requirement Page no.

Standing Directions and Financial Reporting Directions

REPORT OF OPERATIONS

Charter and purpose

FRD 8D Departmental objectives, indicators and outputs 4

FRD 22H Key initiatives and projects 10

FRD 22H Manner of establishment and responsible Minister 4

FRD 22H Purpose, functions, powers and duties 4

FRD 22H Nature and range of services provided 4

MANAGEMENT AND STRUCTURE

FRD 22H Organisational structure 4

Financial and other information

FRD 10A Disclosure index 18

FRD 12B Disclosure of major contracts 15

FRD 22H Application and operation of Freedom of Information Act 1982 17

FRD 22H Application and operation of Protected Disclosures Act 2012 15

FRD 22H Compliance with building and maintenance provisions of Building Act 1993 17

FRD 22H Details of consultancies in excess of $10 000 15

FRD 22H Details of consultancies under $10 000 15

FRD 22H Disclosure of government advertising expenditure 15

FRD 22H Disclosure of ICT expenditure 17

FRD 22H Employment and conduct principles 20

FRD 22H Major changes or factors affecting performance 18

FRD 22H Occupational health and safety policy 20

FRD 22H Significant changes in financial position during the year 18

FRD 22H Statement of availability of other information 16

FRD 22H Statement on National Competition Policy 16

FRD 22H Subsequent events 18

FRD 22H Summary of the financial results for the year 15

FRD 24D Reporting of office-based environmental impacts 16

FRD 25D Local Jobs First 16

FRD 29C Workforce Data disclosures 15

SD 5.2 Specific requirements under Standing Direction 5.2 1

COMPLIANCE ATTESTATION AND DECLARATION

SD 5.2.3 Declaration in report of operations 1

SD 5.4.1 Attestation for compliance with Ministerial Standing Direction

FINANCIAL STATEMENTS

SD 5.2.2 Declaration in financial statements

LEGISLATION

Building Act 1993 17

Disability Act 2006

Freedom of Information Act 1982 17

Local Jobs First Act 2003 16

National Parks Act 1975 2

Protected Disclosures Act 2012 15

FRD - Financial Reporting Direction SD – Standing Direction PC – Premier’s Circular

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Further copies of this report and information on

Council can be obtained from:

Executive Officer

National Parks Advisory Council

c/o Environment and Climate Change Group

Department of Environment, Land, Water and Planning

Level 39 – 2 Lonsdale Street

Melbourne, VIC 3000.

www.delwp.vic.gov.au

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