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Parks Victoria Bill 2018
Amended Print
EXPLANATORY MEMORANDUM
General
The Bill principally re-establishes Parks Victoria as a more independent park
management agency. The Bill comprises 13 Parts--
• Parts 1 to 4 contain provisions relating to the re-establishment
of Parks Victoria;
• Parts 5 to 11 mostly contain consequential amendments to
certain Acts relating to land to give Parks Victoria its own
powers in relation to the land over which it has control and
management;
The Acts which are to be amended under Parts 5 to 11 are the
Conservation, Forests and Lands Act 1987 ("CFL Act"),
Crown Land (Reserves) Act 1978 ("CLR Act"), Forests
Act 1958 ("Forests Act"), Land Act 1958 ("Land Act"),
National Parks Act 1975 ("NP Act"), Water Industry
Act 1994 ("Water Industry Act") and Wildlife Act 1975
("Wildlife Act").
• Part 12 contains consequential amendments to several other
Acts;
• Part 13 repeals certain Parts of the Bill.
Parks Victoria will have responsibilities for the following classes of land--
• all land managed under the National Parks Act;
• land under several other land Acts that is included in the Parks
Victoria land record (see clauses 3 and 62);
• land for which Parks Victoria is appointed as a committee of
management under the CLR Act or the Forests Act;
581398 1 BILL LA AMENDED 9/4/2018
• certain land that is the subject of an agreement under section 69
of the CFL Act.
In addition, Parks Victoria will continue to have functions that are conferred
on it under other Acts, including as a declared waterway manager of certain
State waters under the Marine Safety Act 2010 and as the port manager of
certain local ports under the Port Management Act 1995. The Bill does not
amend those Acts.
In this Explanatory Memorandum--
• LCC refers to the former Land Conservation Council
established under the Land Conservation Act 1970;
• Secretary refers to the Secretary to the Department of
Environment, Land, Water and Planning, the body corporate
established under Part 2 of the CFL Act;
• VEAC refers to the Victorian Environmental Assessment
Council established under the Victorian Environmental
Assessment Council Act;
• TOLMB refers to a Traditional Owner Land Management
Board;
• Yarra River Act refers to the Yarra River Protection
(Wilip-gin Birrarung murron) Act 2017;
• a reference to a Division is a reference to a Division of a
Part of the Bill;
• a reference to a Part is a reference to a Part of the Bill
(unless otherwise indicated).
Clause Notes
Part 1--Preliminary
Part 1 contains clauses 1 to 4, which include provisions relating to the main
purposes of the Bill, the commencement of the Bill and definitions used in
Parts 1 to 4 of the Bill.
Clause 1 states the main purposes of the Bill, which are--
• to repeal and re-enact with amendments the Parks
Victoria Act 1998; and
• to make consequential and related amendments to
certain other Acts.
2
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed. Any provision that has not come into operation
before 1 November 2018 will come into operation on that day.
Clause 3 defines the following terms used in the Bill--appointed land,
corporate planning document, joint management plan, land
management plan, land management strategy, native title
holder, Parks Victoria, Parks Victoria land record, Parks
Victoria managed land, Secretary, specified aboriginal party,
statement of obligations, traditional owner group entity, Yarra
protection principles, Yarra River land, Yarra Strategic Plan
and Yarra Strategic Plan area.
Appointed land is land in relation to which a TOLMB is
appointed under the CFL Act and is the land over which a
TOLMB must prepare a joint management plan.
A corporate planning document is a statement of corporate
intent, a corporate plan or a business plan (see also clause 29).
A land management plan is a plan for one or more areas of
Parks Victoria managed land which is made under Division 4
of Part 3 and includes a land management plan as amended or
varied.
A land management strategy is a strategy which is prepared
and approved under Division 3 of Part 3 and includes a land
management strategy as amended or varied.
The terms native title holder and traditional owner group entity
are defined for the purposes of defining specified aboriginal
party. The term specified aboriginal party, which refers to
particular native title holders, traditional owner group entities and
registered aboriginal parties, is defined for the purposes of one of
the functions of Parks Victoria and the consultation required in
relation to the preparation of a land management strategy and
the making of land management plans (or amendments to those
documents).
Parks Victoria is the body established under the Parks Victoria
Act 2018. Parks Victoria managed land comprises land for
which Parks Victoria will have control and management.
It comprises land which is recorded in the Parks Victoria land
record (see clause 63) as well as land managed under the NP Act.
3
The Secretary is the Secretary to the Department of
Environment, Land, Water and Planning, the body corporate
established under Part 2 of the CFL Act.
A statement of obligations is a statement that is made and
published under Division 2 of Part 3 and includes any
amendment or variation.
The terms Yarra protection principles, Yarra River land, Yarra
Strategic Plan and Yarra Strategic Plan area are terms relating
to the Yarra River Act.
Clause 4 provides that the Parks Victoria Act 2018 is interface legislation
within the meaning of the Transport Integration Act 2010.
This means that Parks Victoria must have regard to the transport
system objectives and decision making principles in that Act
when exercising powers or performing functions or making
decisions under the Parks Victoria Act 2018 which are likely
to have a significant impact on the transport system.
Part 2--Establishment of and general provisions about
Parks Victoria
Part 2 of the Bill contains clauses 5 to 28. These clauses relate to the
establishment, functions and powers of Parks Victoria (Division 1),
Ministerial direction (Division 2), membership and decision making
(Division 3), committees (Division 4) and the chief executive officer and
staff (Division 5).
Division 1--Establishment, functions and powers of
Parks Victoria
Division 1 contains clauses 5 to 13, which relate to the establishment,
functions and powers of Parks Victoria.
Clause 5 provides for the establishment of Parks Victoria.
Clause 5(1) establishes a body called Parks Victoria.
Clause 5(2) specifies what Parks Victoria is and what it may
do as a body.
Clause 5(3) requires the common seal to be kept as directed by
Parks Victoria.
Clause 5(4) requires all courts to take judicial notice of the
imprint of the seal on a document and, until the contrary is
proved, must presume that the document was properly sealed.
4
Clause 5(5) provides that the requirements of the Financial
Management Act 1994 in relation to paying moneys received
by the State into the Consolidated Fund do not apply to grants or
donations received by Parks Victoria under clause 5(2)(f).
Clause 6 provides that Parks Victoria represents the Crown.
Clause 7 provides for the objects of Parks Victoria.
Clause 7(1) specifies the objects of Parks Victoria as they relate
to Parks Victoria managed land.
Clause 7(2) requires Parks Victoria to have regard to its objects
in performing its functions, exercising its powers and carrying
out its duties.
Clause 8 provides for the functions of Parks Victoria.
Clause 8(1) specifies the functions of Parks Victoria.
Clause 8(2) requires Parks Victoria to exercise its functions in
relation to any area of land consistently with the legislation
applying to the management of the land.
Clause 9 gives Parks Victoria the power to do all things that are
necessary or convenient to be done for or in connection with the
achievement of its objects and the performance of its functions.
Clause 10 specifies the functions, powers and duties of Parks Victoria
in relation to Yarra River land under the Yarra River Act.
This provision is similar to section 8A of the Parks Victoria
Act 1998.
Clause 10(1) specifies the requirements of Parks Victoria in
relation to Yarra River land when performing a function or duty
or exercising a power under the Parks Victoria Act 2018 or
another enactment.
Clause 10(2) provides that clause 10(1) does not apply in relation
to a declared project within the meaning of the Major Transport
Projects Facilitation Act 2009.
Clause 11 enables Parks Victoria to enter into agreements or arrangements
in relation to fire and other emergencies.
Clause 11(1) provides that Parks Victoria may enter into an
agreement or arrangement with the Secretary (see clause 11(7))
for the carrying out of services in relation to the prevention or
5
suppression of or recovery from fire or another emergency.
This may be in relation to land for which the Secretary has the
responsibility for carrying out those services (e.g. in the fire
protected area) or land for which the Secretary has an agreement
or arrangement to carry out or assist in carrying out those
services (e.g. assisting with fire fighting interstate or overseas).
Clause 11(2) provides that Parks Victoria may enter into an
agreement or arrangement under clause 11(1), whether the
services are to be provided in Victoria, another State or
Commonwealth Territory or another country.
Clause 11(3) provides that Park Victoria may enter into an
agreement or arrangement with a person or body other than the
Secretary for the carrying out of similar services to those
described in clause 11(1).
Clause 11(4) provides that an agreement or arrangement can be
entered into under clause 11(3) with a person or body, whether
the services to be provided are in Victoria, another State or
Commonwealth Territory or another country.
Clause 11(5) requires Parks Victoria to obtain the Minister's
approval before entering into an agreement or arrangement under
clause 11(3).
Clause 11(6) provides that an agreement or arrangement
under this clause may provide for the use of employees of Parks
Victoria for the carrying out of the services provided under the
agreement or arrangement.
Clause 11(7) defines Secretary for the purposes of this clause
as also including the Department Head of the Department of
Environment, Land, Water and Planning. This is in addition to
the Secretary (as defined in clause 3), being the body corporate
established under the CFL Act. This recognises that, in each
capacity as Secretary, there are different responsibilities.
Clause 12 enables Parks Victoria to enter into an agreement or arrangement
in relation to providing services of a kind related to its functions,
powers or duties.
Clause 12(1) enables Parks Victoria to enter into an agreement
or arrangement with any person or body for the provision of
services in Victoria, interstate or overseas.
6
Clause 12(2) requires the agreement or arrangement to be in the
public interest and Parks Victoria to first obtain the approval of
the Minister before entering into the agreement or arrangement.
Clause 12(3) provides that an agreement or arrangement may
provide for the use of employees of Parks Victoria for the
carrying out of the services provided under the agreement or
arrangement.
Clause 13 provides Parks Victoria with the power to delegate any of its
functions, powers or duties (other than the power of delegation).
Clause 13(1) enables Parks Victoria to delegate any of its
functions, powers or duties under the Parks Victoria Act 2018
and any other legislation to the specified persons or class of
persons.
Clause 13(2) provides that the delegation power in clause 13(1)
does not apply to the delegation of a function, power or duty of
Parks Victoria appointed as a committee of management under
section 14 of the CLR Act or section 50(3) of the Forests Act
(see also clauses 88 and 114(2)).
Clause 13(3) provides that Parks Victoria may delegate specified
powers relating to the issuing of permits to a person contracted
by Parks Victoria.
Division 2--Ministerial directions
Division 2 contains clauses 14 and 15, which relate to Ministerial directions.
Clause 14 enables the Minister to give directions to Parks Victoria.
Clause 14(1) enables the Minister to give directions to Parks
Victoria in relation to the performance of its functions or the
exercise of its powers when it is acting--
• in its own right; or
• as a committee of management appointed under the
CLR Act or the Forests Act; or
• in relation to the management of land that is the subject
of an agreement under section 69 of the CFL Act.
Clause 14(2) requires the Minister, at least 14 days before giving
a direction, to give Parks Victoria a notice of the proposal to give
a direction that sets out the proposed substance of the direction.
7
Clause 14(3) requires Parks Victoria to comply with any
direction.
Clause 15 requires Parks Victoria to publish any direction given by the
Minister on its Internet site and to include a summary of the
direction in its annual report under section 45 of the Financial
Management Act 1994.
Division 3--Membership and decision making
Division 3 contains clauses 16 to 24, which relate to the membership and
decision making of Parks Victoria.
Clause 16 provides for the constitution and membership of Parks Victoria.
Clause 16(1) provides that Parks Victoria must consist of not
less than 5 and not more than 9 members appointed by the
Governor in Council.
Clause 16(2) specifies the skills and experience which the
members of Parks Victoria together must have.
Clause 17 provides that the Chairperson and the deputy Chairperson of
Parks Victoria must be appointed from among the members of
Parks Victoria by the Governor in Council.
Clause 18 specifies the terms and conditions of appointment of the members
of Parks Victoria.
Clause 19 contains provisions relating to vacancies of Parks Victoria.
Clause 19(1) specifies the circumstances when the office of a
member of Parks Victoria becomes vacant.
Clause 19(2) provides that, if the office of a member becomes
vacant before the end of the term of office, the Governor in
Council may appoint a person to fill a vacancy for the remainder
of the term.
Clause 19(3) provides that, if the office of a member becomes
vacant within 6 months before the end of the term of the office,
the office may be left vacant for the remainder of the term.
8
Clause 20 provides for the resignations of members from Parks Victoria.
Clause 20(1) provides that a member may resign by writing to
the Governor in Council.
Clause 20(2) provides that the Chairperson or deputy
Chairperson may remain as a member of Parks Victoria
notwithstanding that the person has resigned the position of
Chairperson or deputy Chairperson.
Clause 21 enables the Governor in Council to remove a member from
Parks Victoria under specified circumstances.
Clause 22 provides for the validity of decisions of Parks Victoria.
Clause 22(1) specifies the circumstances when an act or
decision of Parks Victoria is not invalid.
Clause 22(2) further specifies the circumstances when
anything done by or in relation to a person purporting to act as
Chairperson, deputy Chairperson or a member is not invalid.
Clause 23 provides for the proceedings of Parks Victoria.
Clause 23(1) provides that meetings of Parks Victoria are held
at the times and places that Parks Victoria determines.
Clause 23(2) enables the Chairperson to convene a meeting at
any time but must do so when requested by a member.
Clause 23(3) specifies who must preside at a meeting.
Clause 23(4) provides that a majority of members for the time
being constitutes a quorum of Parks Victoria.
Clause 23(5) provides, subject to clause 24, for how a question
arising at a meeting must be determined.
Clause 23(6) requires Parks Victoria to keep minutes of each of
its meetings.
Clause 23(7) provides that, subject to this clause, Parks Victoria
may regulate its own proceedings.
Clause 24 provides for resolutions without meetings.
Cause 24(1) enables Parks Victoria to determine that it may
make a resolution without a meeting and the method by which
members are to indicate agreement with any proposed resolution.
9
Clause 24(2) specifies when Parks Victoria is taken to have made
a resolution at a meeting when there is no meeting.
Clause 24(3) specifies when a member is not entitled to vote on a
proposed resolution.
Clause 24(4) requires Parks Victoria to keep a record of the
resolutions made in accordance with clause 24.
Division 4--Committees
Division 4 contains clauses 25 and 26, which provide for committees and
advisory committees of Parks Victoria.
Clause 25 provides for committees of Parks Victoria.
Clause 25(1) enables Parks Victoria to establish committees
consisting of members of Parks Victoria for any purpose that
Parks Victoria thinks fit.
Clause 25(2) enables Parks Victoria to determine the membership
and any process or procedure of a committee of Parks Victoria.
Clause 26 provides for advisory committees.
Clause 26(1) enables Parks Victoria to establish and appoint
advisory committees to give advice and information to Parks
Victoria with respect to the land which Parks Victoria may
manage or any function of Parks Victoria.
Clause 26(2) specifies the terms and conditions of appointment
of the members of advisory committees.
Division 5--Chief executive officer and staff
Division 5 contains clauses 27 and 28, which relate to the employment of the
chief executive officer and staff of Parks Victoria. Clause 54(4) and 55 of the
Bill provide for the transfer and saving of conditions of the chief executive
officer and staff of Parks Victoria respectively.
Clause 27 provides for the employment of the chief executive officer.
Clause 27(1) enables Parks Victoria to employ a chief executive
officer.
Clause 27(2) provides that the chief executive officer holds office
on the terms and conditions that are determined by Parks Victoria
and specified in the contract of employment.
10
Clause 27(3) provides that the chief executive officer is not
eligible to be appointed as a member of Parks Victoria.
Clause 28 provides for the employment of staff.
Clause 28(1) enables Parks Victoria to employ the persons
that are necessary for the performance of its functions and the
exercise of its powers and duties.
Clause 28(2) provides that the duties of Parks Victoria include
any duties in connection with the prevention or suppression of or
recovery from fire and other emergencies are determined by the
Secretary in consultation with Parks Victoria.
Part 3--Obligations and planning responsibilities
Division 1--Corporate planning
Division 1 contains clauses 29 and 30, which relate to corporate planning and
significant events which may affect Parks Victoria's performance.
Clause 29 provides for the preparation of corporate planning documents by
Parks Victoria (see the definition in clause 3).
Clause 29(1) provides that the Minister may request Parks
Victoria to prepare a corporate planning document to be provided
to the Minister.
Clause 29(2) requires Parks Victoria to prepare a corporate
planning document if requested by the Minister.
Clause 29(3) provides that a request to prepare a corporate
planning document must specify the date by which the document
is to be prepared and the information to be included and the form
in which the information must be provided.
Clause 29(4) provides that Parks Victoria may amend a corporate
planning document at any time with the approval of the Minister.
Clause 29(5) provides that the Minister may direct in writing
Parks Victoria to amend a corporate planning document at any
time by including or omitting any specified information.
Clause 29(6) requires Parks Victoria to comply with a direction
under clause 29(5).
11
Clause 30 provides for the notification of significant affecting events.
Clause 30(1) requires Parks Victoria to notify the Minister
immediately if Parks Victoria considers that matters may have
arisen that may prevent or significantly affect Parks Victoria
achieving its objects or its financial targets.
Clause 30(2) requires Parks Victoria to set out the reasons why
it considers that the matters may prevent or significantly affect
Parks Victoria's performance.
Division 2--Statements of obligations
Division 2 contains clauses 31 to 37, which relate to statements of
obligations.
Clause 31 relates to the making of a statement of obligations.
Clause 31(1) enables the Minister to make a statement of
obligations that specifies the obligations that Parks Victoria has
in performing its functions and exercising its powers in relation
to the land it manages.
Clause 31(2) specifies the types of matters that may be included
in a statement of obligations.
Clause 32 enables the Minister to amend, vary or revoke a statement of
obligations.
Clause 33 relates to the process for making, amending or varying a
statement of obligations.
Clause 33(1) requires the Minister to do certain things before
making, amending or varying a statement of obligation, including
consulting with Parks Victoria and considering any submissions
made by Parks Victoria.
Clause 33(2) provides that the process does not apply to any
amendment or variation that is of a machinery, declaratory or
minor technical nature.
Clause 34 relates to the issuing of a statement of obligations or an
amendment or variation or notice of the revocation.
Clause 34(1) requires the Minister to issue the statement of
obligations to Parks Victoria as soon as possible after making
the statement.
12
Clause 34(2) requires the Minister to issue the statement of
obligations as amended or varied to Parks Victoria as soon as
possible after amending or varying the statement.
Clause 34(3) requires the Minister to issue the notice of
revocation of a statement of obligations to Parks Victoria as
soon as possible after revoking the statement.
Clause 35 provides for the publication and notice of a relevant document
relating to the statement of obligations. Relevant document is
defined in clause 35(2).
Clause 35(1) requires the Minister to publish the relevant
document in the Government Gazette and Parks Victoria to
publish the relevant document on its Internet site.
Clause 35(2) defines relevant document for the purposes of
clause 35. A relevant document is a statement of obligations, a
statement of obligations as amended or varied, or a notice of
revocation of a statement of obligations.
Clause 36 provides that the statement of obligations or an amendment,
variation or revocation of a statement of obligations has effect
when it is published in the Government Gazette.
Clause 37 relates to compliance with a statement of obligations.
Clause 37(1) requires Parks Victoria to comply with a statement
of obligations.
Clause 37(2) requires Parks Victoria to include a statement in its
annual report under the Financial Management Act 1994 setting
out how it is has met its obligations under any statement of
obligations.
Division 3--Land management strategy
Division 3 contains clauses 38 to 45, which relate to the preparation of a
land management strategy to provide long-term guidance to Parks Victoria
for the management of the land which Parks Victoria manages. A strategy is
prepared under clause 38 following consultation on a draft of the strategy
under clause 40 and becomes the land management strategy when notice of
its approval by the Minister is published in the Government Gazette under
clause 42. A land management strategy includes the land management
strategy as amended or varied.
13
Clause 38 relates to the preparation of a strategy (which, when approved by
the Minister and notice of which has been published, will become
the land management strategy).
Clause 38(1) requires Parks Victoria to prepare a strategy that
sets out the long-term directions, strategies and priorities for the
protection, management and use of the land which Parks Victoria
manages.
Clause 38(2) requires the strategy to be consistent with
legislation under which the land is managed, any other legislation
applying to the land and government policies applying to the
land, and to address any of matters specified by the Minister.
Clause 38(3) requires Parks Victoria to prepare the first strategy
within 2 years of the commencement of the Parks Victoria
Act 2018.
Clause 39 enables Parks Victoria to prepare an amendment of the land
management strategy at any time, including amendments
resulting from a review undertaken under clause 44.
Clause 40 relates to the process for preparing a strategy or an amendment
of a land management strategy.
Clause 40(1) specifies what Parks Victoria must do before a
strategy or an amendment of a land management strategy is
prepared.
Clause 40(2) specifies that the requirements of clause 40(1) do
not apply to any amendment of the land management strategy
that is necessary because it is of a machinery, declaratory or
minor technical nature.
Clause 41 provides for the approval by the Minister of the strategy or an
amendment to the strategy.
Clause 41(1) requires Parks Victoria to give the strategy or an
amendment of the land management strategy to the Minister.
Clause 41(2) provides that the Minister, after receiving the
strategy or an amendment, may approve the strategy or
amendment or direct Parks Victoria to alter the strategy or
amendment and resubmit it to the Minister.
Clause 41(3) requires the Minister to make a decision under
clause 41(2) within 60 days of receiving the strategy or
amendment.
14
Clause 41(4) requires Parks Victoria to comply with a direction
of the Minister under clause 42(2) within 30 days of receiving
the direction, or any longer period specified by the Minister.
Clause 42 provides for the publication of the land management strategy or
any amendment and notice of the Minister's approval of the
strategy or any amendment.
Clause 42(1) requires Parks Victoria to publish the strategy as
approved by the Minister on its Internet site and the notice of
the Minister's approval in the Government Gazette.
Clause 42(2) requires Parks Victoria, as soon as possible after
the Minister approves an amendment of a strategy, to publish
the strategy as amended on its Internet site and notice of the
Minister's approval in the Government Gazette.
Clause 43 provides that the land management strategy or an amendment of
a land management strategy has effect when it is published in the
Government Gazette.
Clause 44 provides for review of the land management strategy.
Clause 44(1) requires Parks Victoria to review the land
management strategy every 10 years after the first strategy has
effect, as soon as possible after the making of a statement of
obligations or any amendment or variation, or at any other time
if the Minister directs.
Clause 44(2) requires a review to commence no later than the end
of each 10-year period.
Clause 44(3) requires Parks Victoria, in conducting a review, to
consult and take the results of the consultation.
Clause 44(4) enables Parks Victoria, after completing a review,
to propose to the Minister certain courses of action that the
Minister may take--approve the preparation of an amendment to
the strategy, revoke the strategy and prepare a new strategy, or
make only amendments of a minor technical nature.
Clause 44(5) enables the Minister to approve Parks Victoria's
proposal under clause 44(3) or not approve the proposal and
direct Parks Victoria as to what should occur.
Clause 44(6) provides that Division 3 applies to the preparation
of any strategy or amendment if required as a result of a review
of the land management strategy.
15
Clause 45 enables the Parks Victoria to revoke the land management
strategy if the Minister has approved the revocation or directed
(as the case requires) that it be revoked under clause 44(5).
Division 4--Land management plans
Division 4 contains clauses 46 to 51, which relate to the preparation of
land management plans for one or more areas of land which Parks Victoria
manages. The provisions aim to complement the obligations in several other
Acts to prepare plans of management for particular classes of Crown land
(e.g. national parks) and enable those obligations to be met through the
making of a land management plan under the Parks Victoria Bill.
Clause 46 relates to the making of a land management plan for any area of
land managed by Parks Victoria that sets out the way in which
Parks Victoria will manage the land.
Clause 46(1) provides that Parks Victoria may make a plan for
any of the land which it manages.
Clause 46(2) requires the plan to be consistent with the
legislation under which the land is managed, any other legislation
applying to the land and government policies applying to the
land.
Clause 46(3) requires Parks Victoria, in making a plan, to
have regard to the land management strategy (see Division 3 of
Part 3).
Clause 46(4) requires Parks Victoria to have regard to a Yarra
Strategic Plan if making a plan under clause 46(1) in relation to
land which forms part of Yarra River land.
Clause 46(5) provides that a management plan prepared under
clause 46(1) does not have effect to the extent that a joint
management plan is in effect for that land.
Clause 46(6) provides that clause 46 does not derogate from any
requirement in any other Act to prepare a management plan.
Clause 47 enables Parks Victoria to amend a land management plan for an
area at any time including amendments resulting from a review
undertaken under clause 51.
16
Clause 48 relates to the process for making or amending a land management
plan.
Clause 48(1) specifies what Parks Victoria must do before
making or amending a land management plan.
Clause 48(2) specifies that the requirements of clause 49(1) do
not apply to any amendment of a land management plan that is
necessary because it is of a machinery, declaratory or minor
technical nature (e.g. the change of the name of a park).
Clause 49 provides for the publication and notice of a completed land
management plan or an amendment or a revocation of a land
management plan.
Clause 49(1) requires Parks Victoria to publish any land
management plan on its Internet site and the notice of making
of the plan in the Government Gazette.
Clause 49(2) requires Parks Victoria, as soon as possible after
amending a land management plan, to publish the plan as
amended on its Internet site and notice of the making of the
amendment in the Government Gazette.
Clause 49(3) requires Parks Victoria, as soon as possible after
revoking a land management plan, to publish the notice of
making of the revocation on its Internet site and in the
Government Gazette.
Clause 50 provides that a land management plan or the amendment or
revocation of a land management plan takes effect when the
notice of its making is published in the Government Gazette.
Clause 51 provides for a review of land management plans.
Clause 51(1) requires Parks Victoria to review each land
management plan at least every 15 years after the first plan for
the area takes effect.
Clause 51(2) requires a review to commence no later than the end
of each 15-year period.
Clause 51(3) requires Parks Victoria, in conducting a review, to
consult and consider the results of the consultation.
Clause 51(4) enables Parks Victoria, on completing a review,
to amend the plan, to revoke the plan and make a new plan in
accordance with the processes set out in Division 4 of Part 3, or
17
to only make amendments of a machinery, declaratory or minor
technical nature.
Part 4--Transitional provisions
Part 4 contains clauses 52 to 55, which are transitional provisions relating to
the re-establishment of Parks Victoria established under the Parks Victoria
Act 1998 as Parks Victoria under the Parks Victoria Act 2018.
Clause 52 contains definitions of 5 terms used in Part 4 in relation to the
transition of the existing Parks Victoria (the old body) established
under the Parks Victoria Act 1998 (the old Act) to the new
Parks Victoria (the new body) re-established under the Parks
Victoria Act 2018 on the commencement of the new Act
(the commencement day).
Clause 53 repeals the Parks Victoria Act 1998.
Clause 54 provides for the abolition of the old body and its transition to the
new body on the commencement day.
Clause 54(1) abolishes the old body and provides for its
rights, property and assets to vest in the new body, for all debts,
liabilities and obligations of the old body to transfer to the new
body, and for the new body to be substituted for the old body as a
party to any proceedings and in any contract or arrangement.
Clause 54(2) provides that any reference to the old body in any
Act etc. to be construed as a reference to the new body.
Clause 54(3) transfers each member of the old body to the new
body for the remainder of that member's term and on the same
terms and conditions as the appointment to the old body.
Clause 54(4) transfers the chief executive officer from the old
body to the new body for the remainder of that person's term and
on the same terms and conditions as the appointment as the chief
executive officer of the old body.
Clause 55 provides for the transfer of staff from the old body to the new
body without any impact on their employment, employment
benefits or superannuation entitlements.
Clause 55(1) and (2) transfer employees of the old body to the
new body in the same position, on the same terms and conditions
and with the same entitlements to accrued benefits.
18
Clause 55(3) provides that the service of a transferred employee
of the old body and the new body is taken to be continuous.
Clause 55(4) provides that a transferred employee is not entitled
to receive any benefit merely because the employee ceased to be
an employee of the old body because of Part 4 of the Bill.
Clause 55(5) enables the chief executive officer of the new body
to certify that an employee was taken to be employed by the new
body with effect from the commencement day of the Parks
Victoria Act 2018.
Clause 55(6) provides that a certificate under clause 55(5)
purported to be signed by the chief executive officer is
admissible in evidence in any proceeding and is conclusive
proof of the matters stated in it.
Clause 55(7) provides that the superannuation entitlements
of transferred employees are not affected by the employee
becoming a transferred employee.
Clause 55(8) provides that, if a transferred employee was
an officer within the meaning of the State Superannuation
Act 1988 immediately before the commencement of the Parks
Victoria Act 2018, the transferred employee continues to be such
an officer.
Clause 55(9) clarifies that nothing in clause 55 prevents--
• any of the terms and conditions of employment of a
transferred employee from being altered in the normal
way on or after the commencement of the Parks
Victoria Act 2018; or
• a transferred employee from resigning on or after that
commencement in accordance with the employee's
employment with the new body after that
commencement.
Clause 55(10) defines transferred employee for the purposes of
this clause.
19
Part 5--Amendment of Conservation, Forests and Lands
Act 1987
Part 5 contains clauses 56 to 85, which amend the Conservation, Forests
and Lands Act 1987 ("CFL Act").
Of particular note, the amendments in Part 5--
• establish the Parks Victoria land record as a record of certain
classes of Crown land that Parks Victoria is to control and
manage, and provide for the consequences of including land
in the land record in terms of transferring various matters
and responsibilities from the Secretary to Parks Victoria
(see clause 62);
• provide a regulation making power which may be used to
assist in the control and management of land for which there
is no suitable regulation making power (see clause 84);
• apportion the responsibility for the exercise of various powers
in the Act to the Secretary or Parks Victoria, depending on
whether Parks Victoria has the control and management of
certain Crown land.
Clause 56 amends section 3(1) of the CFL Act by inserting definitions
of Parks Victoria, Parks Victoria land record, Parks Victoria
managed land, Parks Victoria Minister and Parks Victoria
recorded land and inserting a reference to Parks Victoria in
the definition of land owner.
The Parks Victoria Minister is the Minister administering
the Parks Victoria Act 2018. Parks Victoria recorded land
is a subset of Parks Victoria managed land and is land which
is included in the Parks Victoria land record (see clause 62--
new section 67A of the CFL Act).
Clause 57 amends section 11 of the CFL Act, which relates to delegations
of the powers, functions or duties of the Minister and the
Secretary.
Clause 57(1) inserts a reference to Parks Victoria or an employee
of Parks Victoria in the list of persons to whom the Minister may
delegate the Minister's powers, functions or duties.
Clause 57(2) inserts a reference to Parks Victoria or an employee
of Parks Victoria in the list of persons to whom the Secretary
may delegate the Secretary's powers, functions or duties.
20
Clause 57(3) repeals section 11(3A), (3AA) (3B) and (3C),
which are delegation powers of the Minister and the Secretary
in relation to the existing Parks Victoria. Clause 85 revokes any
delegation under those provisions which exist on the day on
which the Parks Victoria Act 2018 comes into operation.
Clause 58 amends section 28(1) and (2) of the CFL Act, which relate to
charges and fees for certain matters, by inserting references to
Parks Victoria. This has the effect of enabling Parks Victoria, as
well as the Minister and the Department of Environment, Land,
Water and Planning to determine a fee to be charged for services
or other matters, and requiring Parks Victoria or the Secretary to
cause the notice to be published in the Government Gazette.
Clause 59 amends section 29 of the CFL Act, which relates to the payment
of charges or fees, by inserting a reference to Parks Victoria in
the list of those persons or bodies to whom a charge or fee must
be paid.
Clause 60 amends section 30(1) of the CFL Act, which relates to the
recovery of a charge, fee or money as a debt, by inserting a
reference to Parks Victoria in the list of those persons or bodies
who may recover a charge or fee as a debt.
Clause 61 inserts new Part 7A into the CFL Act, which contain new
sections 67A to 67M.
Division 1 contains sections 67A to 67C, which relate to the
establishment and keeping of the Parks Victoria land record.
New section 67A provides for the Parks Victoria land record
(the record).
New section 67A(1) requires the Secretary to establish and
maintain a record of certain Crown land that is to be controlled
and managed by Parks Victoria.
New section 67A(2) describes what types of land may be
included in the record. This is a subset of Parks Victoria
managed land and is Crown land that is not managed under the
NP Act. It also does not include land for which Parks Victoria is
appointed as a committee of management or which is subject to
an agreement under section 69 of the CFL Act and managed by
Parks Victoria on behalf of the Secretary.
21
New section 67B requires the Secretary to specify the land in the
record in respect of which regulations may be made under new
Part 9A may apply (see clause 84). This is land for which there
is no suitable regulation making power available (e.g. where an
area of land has not yet been reserved in accordance with an
accepted recommendation (see clause 86) and comprises areas
of land of different land status).
New section 67B(1) requires the Secretary to specify in the
record the land in respect of which regulations may be made
under Part 9A.
New section 67B(2) requires the Secretary, when specifying land
under section 67B(1), to consider whether there are no suitable
regulation making powers that could be used.
New section 67C relates to amendment of the record after it has
been established under section 67A.
New section 67C(1) enables the Secretary, with the approval of
the Parks Victoria Minister, to amend the record by including or
removing land.
New section 67C(2) requires the Parks Victoria Minister to give
notice of the proposed amendment to Parks Victoria, to consider
any comments received within 60 days (or any longer period
agreed to with the Parks Victoria Minister) and to obtain the
consent to the amendment from any other relevant land Minister
if that Minister is not the Parks Victoria Minister.
New section 67C(3) provides that section 67C does not apply to a
minor correction of information in the record.
Division 2 contains sections 67D to 67M, which relate to the
effect of including land in the Parks Victoria land record at any
time.
New section 67D inserts a definition of Parks Victoria matter
and tour operator licence for the purpose of Division 2 of Part 5.
Parks Victoria matter means any function, power or duty as to
the management of land under the CLR Act, Forests Act, Land
Act, Water Industry Act and Wildlife Act that is conferred on
Parks Victoria as a result of the Parks Victoria Act 2018.
Tour operator licence refers to a tour operator licence granted
under the CLR Act, Forests Act or Wildlife Act.
22
New section 67E provides for the transition from the Secretary to
Parks Victoria when land is included in the record.
New section 67E(1) provides that various matters that pertained
to the Secretary immediately before the land is included in the
record are transferred to Parks Victoria, and Parks Victoria is
substituted for the Secretary as a party to various proceedings,
contracts or arrangements to which the Secretary was a party
immediately before the land was included in the record.
New section 67E(2) substitutes any reference to the Secretary
with Parks Victoria in any document so far as it relates to any
period on or after land is included in the record and if not
inconsistent with the context or subject matter.
New section 67E(3) provides that any decision made or action
taken by the Secretary under any document that relates to any
Parks Victoria matter and that is in effect immediately before the
land is included in the record is taken to be a decision of Parks
Victoria so far as it relates to any period on or after the land is
included in the record and if not inconsistent with the context or
subject matter.
New section 67F is a transitional provision for tour operator
licences granted under the CLR Act, Forests Act and Wildlife
Act. It provides that any licence continues in force subject to the
terms and conditions under which the licence was granted, and
for any reference to the Secretary in a licence is taken to be a
reference to Parks Victoria (if not inconsistent with the context
or subject matter).
New section 67G is a transitional provision for applications for
and variations to tour operator licences. Any application made
immediately before relevant land is included in the record is
taken to continue in force and be dealt with under the relevant
Act as if it had been made to Parks Victoria, not the Secretary.
New section 67H is a transitional provision relating to decisions
of the Secretary under section 17E of the CLR Act in relation to
the use of land for a car park and provides for such decisions to
continue in force as if they were made by Parks Victoria.
New section 67I is a transitional provision for Orders under
section 18(1) of the CLR Act which placed reserved Crown land
under the management and control of the Secretary (where the
23
land is Parks Victoria recorded land), if not inconsistent with the
context or subject matter.
New section 67J is a transitional provision for certain leases
under section 121 of the Land Act. It provides that any lease
continues in force subject to its terms and conditions under
which the lease was granted, and that any reference in the lease
to directions issued by the Secretary are taken to be a reference to
direction issued by Parks Victoria (if not inconsistent with the
context or subject matter).
New section 67K is a transitional provision relating to a certain
condition in licences granted under section 130 of the Land Act
and provides for directions issued by the Secretary under a
licence to continue in force as if they were made by Parks
Victoria.
New section 67L is a transitional provision for agistment permits
issued under section 133A of the Land Act. It provides that any
permit continues in force subject to the terms and conditions
under which the permit was issued, and for any reference to the
Secretary in a licence is taken to be a reference to Parks Victoria
(if not inconsistent with the context or subject matter).
New section 67M is a transitional provision for licence granted
under section 16A(2)(a) of the Wildlife Act. It provides that any
licence continues in force subject to the terms and conditions
under which the licence was granted, and for any reference to the
Secretary in a licence is taken to be a reference to Parks Victoria
(if not inconsistent with the context or subject matter).
Clause 62 amends section 68 of the CFL Act, which relates to the powers
of the Secretary in relation to land agreements with private land
owners, by inserting a heading, substituting section 68(1) to
distinguish when the Secretary and Parks Victoria may each
grant or loan money or provide other assistance to a land owner,
inserting a reference to Parks Victoria in existing section 68(2)(b)
relating to conditions. It also inserts new section 68(2)(c), which
provides that a condition of Parks Victoria providing grants or
loans or other assistance is that the land must adjoin Parks
Victoria managed land.
Clause 63 amends section 71(4) and (5) of the CFL Act, which relates
to the form and operation of a land management co-operative
agreement, by correcting some errors in expression.
24
Clause 64 amends section 82AB of the CFL Act, which relates to the
roles of the Minister and the Secretary where a recognition and
settlement agreement exists, by inserting a reference to Parks
Victoria in the heading and inserting new section 82AB(3).
New section 82AB(3) requires Parks Victoria to take all
reasonable steps to give effect to any traditional owner land
management agreement entered into under a recognition and
settlement agreement.
Clauses 65, 66 and 68 to 73 amend various provisions relating to joint
management plans prepared by the Secretary and a TOLMB when the plan
applies to Parks Victoria managed land.
Clause 65 amends section 82M of the CFL Act, which relates to the
appointment and dismissal of members of a TOLMB, by
inserting new section 82M(3). New section 82M(3) requires
the Secretary to consult with Parks Victoria on the Secretary's
nomination of a member to a TOLMB before exercising a power
under section 82M(3)(c).
Clause 66 amends section 82PA of the CFL Act, which relates to the
joint preparation of joint management plans for certain land,
by inserting new section 82PA(1A). New section 82PA(1A)
requires the Secretary, in consultation with Parks Victoria, to
provide assistance and guidance to a TOLMB to prepare a draft
management plan.
Clause 67 amends section 82PB of the CFL Act, which requires a joint
management plan to comply with specific legislation, by
inserting section 82PB(2)(ba), (4)(c) and (6)(c) to refer to
regulations made under Part 9A of the CFL Act (see clause 84).
Clause 68 amends section 82PD of the CFL Act, which relates to the
completion of the preparation of a joint management plan,
by inserting new section 82PD(1A). New section 82PD(1A)
requires the Secretary to consult with Parks Victoria before
agreeing with a TOLMB that the preparation of a joint
management plan is completed.
Clause 69 amends section 82PF of the CFL Act, which relates to the
making and consideration of submissions on a draft joint
management plan, by inserting new section 82PF(4).
New section 82PF(4) requires the Secretary to provide
Parks Victoria with a copy of any relevant submission and to
25
consider each relevant submission in consultation with Parks
Victoria.
Clause 70 amends section 82PG of the CFL Act, which relates to the
agreement to a joint management plan, by inserting new
section 82PG(1A). New section 82PG(1A) prevents the
Secretary from agreeing to the joint management plan without
consulting Parks Victoria.
Clause 71 amends section 82PH of the CFL Act, which relates to the
approval of a joint management plan by the Minister, by inserting
new section 82PH(1A). New section 82PH(1A) prevents the
Secretary from submitting the plan to the Minister for approval
without consulting Parks Victoria about the plan in certain
circumstances.
Clause 72 amends section 82PI of the CFL Act, which relates to the effect
of a joint management plan, by inserting new section 82PI(3).
New section 82PI(3) prevents the Secretary from responding to
the Minister about a proposed revocation of the plan without
consulting Parks Victoria.
Clause 73 amends section 82Q of the CFL Act, which relates to delegations
on various land management functions, powers and duties to a
TOLMB, by inserting new section 82Q(3). New section 82Q(3)
enables Parks Victoria, after consultation with the Secretary, to
delegate any of Parks Victoria's functions, powers and duties
under the specified Acts to a TOLMB or an employee of a
TOLMB.
Clause 74 inserts new section 83AA into the CFL Act. New section 83AA
defines relevant Parks Victoria land for the purposes of Part 9
(Enforcement and general provisions) of the CFL Act.
The definition describes the various classes of land which
Parks Victoria may manage.
Clause 75 amends section 83 of the CFL Act, which relates to the
appointment of authorised officers.
Clause 75(1) amends section 83(1) by inserting a reference to
a specified employee or a specified class of employee of Parks
Victoria in the list of those persons whom the Secretary may
appoint as authorised officers for the purpose of a relevant laws
(see Schedules 1 and 1A to the CFL Act).
26
Clause 75(2) inserts new section 83(1A), which enables Parks
Victoria to appoint any employee or class of employee as an
authorised officer for any or all of relevant Parks Victoria land.
Clause 75(3) inserts new section 83(3), which provides that an
authorised officer may be appointed under section 83(1A) for a
specified relevant law or any specified power, function or duty of
a specified relevant law.
Clause 75(4) amends section 83(5) to specify that the reference
to authorised officer is to an authorised officer appointed under
section 83(1).
Clause 75(5) inserts new section 83(6), which requires
Parks Victoria to give each authorised officer appointed under
section 83(1A) a certificate of appointment.
Clause 76 amends section 84 of the CFL Act, which relates to the
appointment of persons to perform certain powers, functions
or duties of authorised officers, by inserting a reference to a
specified employee or a specified class of employee of Parks
Victoria in a list of those persons.
Clause 77 amends section 87(b) of the CFL Act, which provides that the
statement of an authorised officer in relation to certain matters is
evidence of the fact, by inserting a reference to Parks Victoria in
the list of bodies in the item relating to expenses incurred in
carrying out works.
Clause 78 amends section 88 of the CFL Act, which relates to certificates
issued by the Secretary as evidence, by inserting a heading
and new section 88(1A), (2A) (3A) and (4A), which relate to
certificates issued by the chief executive officer of Parks Victoria
in relation to various matters. These provisions are similar to
those which apply to the Secretary and certificates issued by the
Secretary.
Clause 79 amends section 89 of the CFL Act, which relates to injunctions,
by inserting new section 89(2) to enable Parks Victoria to apply
to a court of competent jurisdiction for an injunction.
Clause 80 amends section 94 of the CFL Act, which relates to the
application of certain provisions of the Road Safety Act 1986
(and associated regulations) relating to parking infringements,
by amending the description of Crown land which is deemed to
be vested in the Secretary by excluding Crown land which is
27
relevant Parks Victoria land and inserting a separate reference to
Parks Victoria and relevant Parks Victoria land in the description
of the land to which those provisions apply.
Clause 81 amends section 96 of the CFL Act, which relates to bringing
proceedings for offences under a relevant law.
Clause 81(1) and (5) redraft section 96(1) into new section 96(1)
and (4).
Substituted section 96(1) sets out who may take offence
proceedings, which the amendments do not change.
New section 96(5) defines what are offence proceedings.
It replicates the existing list of proceeding types in existing
section 96(1) and also now enables proceedings to be taken on
behalf of Parks Victoria.
Clauses 81(2) and (3) makes consequential amendments to
section 96(1A) and (2) as a result of the new definition of
offence proceedings.
Clause 81(4) amends section 96(3) by omitting the reference
section 46 of the NP Act (which is repealed by clause 215).
Clause 82 amends section 97 of the CFL Act, which relates to
compensation, by inserting references to Parks Victoria
in various expressions describing the matters for which
compensation may be claimed. The effect of the amendments
is that Parks Victoria, as well as the Secretary, may claim
compensation for damage to land and property resulting from
an offence under a relevant law.
Clause 83 amends section 98 of the CFL Act, which relates to actions
for damages, by inserting references to Parks Victoria or the
chief executive officer of Parks Victoria. The effect of the
amendments is that Parks Victoria, as well as the Secretary,
may bring an action to recover damages for a contravention of
a relevant law in a court of competent jurisdiction.
Clause 84 inserts new Part 9A (Regulations for Parks Victoria recorded
land), which contains new sections 101 and 102.
Part 9A contains a regulation making power which is intended to
be used to assist with the management of areas of Parks Victoria
recorded land when there are no suitable regulation making
powers available under another Act (e.g. where an area of land
28
has not yet been reserved in accordance with a government
accepted recommendation of VEAC and comprises areas of land
of different land status).
Regulations could be made under Part 9A to apply to areas of
Parks Victoria recorded land which are unreserved Crown land
or a mix of different types of Crown land (e.g. a mix of reserved
Crown land, reserved forest and unreserved Crown land).
Regulations can only be made under Part 9A to apply to Crown
land which the Secretary has specified in the Parks Victoria land
record (see clause 61--new section 67B of the CFL Act) as being
land to which Part 9A applies.
Where there are suitable regulation making powers available
under other Acts, Part 9A could not be used. For example, the
regulation making powers under the NP Act and the Wildlife Act
would continue to be used to make regulations applying to parks
under the NP Act and State Wildlife Reserves under the Wildlife
Act, and the regulation making power under the CLR Act would
continue to be used to make regulations for areas of land which
comprise whole Crown land reserves.
New section 101 contains definitions of 2 terms used in
Part 9A--other relevant regulation (which refers to regulations
made under section 13 of the CLR Act or section 50(5) of the
Forests Act, and recorded land. Land is recorded land if it is
specified in the Parks Victoria land record as land in respect of
which regulations under Part 9A can be made.
New section 102 enables the Governor in Council to make
regulations for any recorded land for or with respect to the
specified matters.
New section 102(1) to (4) contain similar provisions to the
regulation making powers in the NP Act and elements of the
regulation making power in section 13 of the CLR Act.
New section 102(5) provides that, if there is an other relevant
regulation applying to an area of land that is subject to a
regulation made under Part 9A and the regulation deals with the
same subject matter or is inconsistent with the Part 9A regulation,
the earlier regulation ceases to apply to that area of land for the
period that the Part 9A regulation is in force. This ensures that
the most recent regulation applies to the land.
29
Clause 85 inserts new section 124 into the CFL Act, which is a
transitional provision which revokes any delegation made
under section 11(3A), (3AA), (3B) or (3C) of the CFL Act to
Parks Victoria or an employee of Parks Victoria and in effect
immediately before the commencement of the Parks Victoria
Act 2018. See also the amendments to section 11 of the
CFL Act in clause 57, which enable the Minister or the
Secretary to delegate any power, function or duty to Parks
Victoria or an employee of Parks Victoria.
Part 6--Amendment of Crown Land (Reserves) Act 1978
Part 6 contains clauses 86 to 102, which amend the Crown Land (Reserves)
Act 1978 (CLR Act).
The amendments mostly relate to apportioning the responsibility for the
exercise of various powers in the Act to the Secretary or Parks Victoria,
depending on whether the power is being exercised on land included on the
Parks Victoria land record and managed by Parks Victoria.
Clause 86 amends section 3 of the CLR Act by inserting definitions of
accepted recommendation, Parks Victoria, Parks Victoria
Minister and Parks Victoria recorded land (see clause 61)
and substituting the existing definition of land manager.
An accepted recommendation refers to the most recent
recommendation of the VEAC and its predecessors
(the Environment Conservation Council and the LCC), as
accepted or varied by the government as to the use of that land.
The Parks Victoria Minister is the Minister administering the
Parks Victoria Act 2018.
The substituted a definition of land manager, which is currently
used in relation to the granting of tour operator licences, refers
to the land manager as a committee of management for land
managed by a committee of management, Parks Victoria for land
which is Parks Victoria recorded land or the Secretary for all
other reserved land.
Clause 87 amends section 14(4)(cb) of the CLR Act by substituting the
reference to Parks Victoria in the list of bodies which can be
appointed as a committee of management. If the Ministers
are different, the Parks Victoria Minister must approve the
appointment of Parks Victoria as a committee of management.
The substituted reference recognises that different Ministers may
30
be responsible for administering the CLR Act and the Parks
Victoria Act 2018.
Clause 88 inserts new section 15A into the CLR Act to enable Parks
Victoria, when acting as a committee of management, to delegate
any function, power or duty as a committee to specified persons
or class of persons.
Clause 89 amends section 17B of the CLR Act, which relates to the
granting of licences or entering into agreements in respect of
Crown land reserves.
Clause 89(1) amends section 17B(1) by substituting 2 new
subsections which enhance the readability of the section and
streamline its operation in relation to the granting of licences or
entering into agreements over land where there are no trustees or
committee of management.
Substituted section 17B(1) provides for the granting of
licences or entering into agreements by trustees or committees
of management and is essentially unchanged from the existing
provision relating to trustees and committees granting licences.
New section 17B(1A) provides for the granting of licences or
entering into agreements by the responsible Minister (as defined
in the CLR Act) in circumstances where there are no trustees or
committees of management. This replaces the provision which
enables the Secretary to grant licences or enter into agreements
subject to Ministerial approval.
Clause 89(2), (8) and (9) amend section 17B(2), (5) and (6) of
the CLR Act by inserting references to new section 17B(1A).
Clause 89(3) amends section 17B(2)(a) of the CLR Act by
modernising an expression referring to certain reservation
purposes in section 4(1) of the CLR Act.
Clause 89(4) amends section 17B(2)(a) of the CLR Act by
substituting subparagraph (i) to replace the reference to a
notice of a recommendation of the former LCC with accepted
recommendation (see clause 86) and to include references to new
section 17B(1A).
Clause 89(5) amends section 17B(2)(a)(ii) of the CLR Act by
substituting the reference to a notice of a recommendation of the
former LCC with accepted recommendation (see clause 86).
31
Clause 89(6) inserts new section 17B(3A) to specify the
conditions which must be met before the Minister can grant a
licence or enter into an agreement under new section 17B(1A).
New section 17B(3A) contains similar requirements to existing
section 17B(3).
Clause 89(7) substitutes section 17B(4) of the CLR Act with
a provision similar to the existing provision which also refers
to new section 17B(1A) and substitutes the references to the
Secretary with the Minister as the person able to grant licences
or enter into agreements where there are no trustees or committee
of management.
Clause 90 amends section 17BAA of the CLR Act, which relates to the
granting of licences for terms greater than 10 years in certain
circumstances. The amendments streamline the provision in a
similar way to section 17B so that, where there are no trustees or
a committee of management, the Minister may grant a licence if
satisfied that certain circumstances are met. Further, this clause
substitutes the Secretary with the Minister in section 17BAA(5)
so that, when there is a committee of management (which may
be Parks Victoria), the Minister must approve the granting of any
licence for a term greater than 10 years in certain circumstances.
Clause 91 amends section 17BA of the CLR Act, which relates to the
granting of a licence to a generation company, by inserting a
reference to new section 17B(1A) (as inserted by clause 90(1))
so that section 17BA can operate despite the power to grant a
licence under section 17B(1) or (1A).
Clause 92 amends section 17C(2) of the CLR Act, which relates to the
granting of a licence for a habitual use, by substituting a
new section 17C(2) which replaces the reference to a notice
of a recommendation of the former LCC with approved
recommendation (see clause 86) and modernising certain
expressions.
Clause 93 amends section 17D(2)(a) of the CLR Act, which relates to
the granting of leases, by modernising certain expressions and
replacing the reference to a notice of a recommendation of the
former LCC with accepted recommendation (see clause 86).
Clause 94 amends section 17DA(1) of the CLR Act to specify what the
Minister must give by Order published in the Government
Gazette in relation to certain licences and leases under
32
section 17B or 17D. The amendment reflects the insertion of
new section 17B(3A).
Clause 95 amends section 17E(1) of the CLR Act, which relates to the use
of reserved Crown land for car parks, by substituting references
to various bodies with the land manager (see clause 86).
Clause 96 amends section 18 of the CLR Act, which relates to the placing
of reserved Crown land under the control and management of
various bodies.
Clause 96(1) amends section 18(1) by substituting a reference to
the Rural Water Commission (which no longer exists) with Parks
Victoria in the list of bodies under which land may be placed
under their control and management.
Clause 96(2) amends section 18(1A) by substituting a reference
to the Secretary with Parks Victoria as the body which has the
control and management of Castlemaine Diggings National
Heritage Park for the purposes of the National Parks Act.
Clause 96(3) substitutes section 18(1B) to provide that a forest
park is placed under the control and management of Parks
Victoria if the land is included in the Parks Victoria land record,
or, if not, the Secretary.
Clause 96(4) amends section 18(2) of the CLR Act by inserting a
reference to Parks Victoria, in addition to the Secretary, so that
certain specified powers relating to regulations, committees of
management and vesting do not apply when land is placed under
the control and management of the Secretary or Parks Victoria.
Clause 97 substitutes section 18B(4) and (5) of the CLR Act, which
currently relate to management agreements under existing
section 18B(3) with TOLMBs. The substituted provisions
expand on the existing provisions in section 18B relating to
management agreements with TOLMBs.
Substituted section 18B(4) requires to the Secretary to
consult with Parks Victoria before entering into a management
agreement under existing section 18B(3), where the proposed
agreement relates to Parks Victoria recorded land.
Substituted section 18B(5) requires the Secretary to have regard
to any agreement applying to the establishment of a TOLMB
under the CFL Act.
33
New section 18B(6) limits Parks Victoria's powers where land is
subject to a management agreement and the land is also Parks
Victoria recorded land.
New section 18B(7) provides that new section 18B(6) has effect
despite any provision of the CLR Act or another Act being to the
contrary.
Clause 98 amends section 18C of the CLR Act, which relates to the
Secretary's obligations in relation to Yarra River land, by
amending the heading and section 18C(1) and (2) by inserting
a reference to Parks Victoria, in addition to the Secretary.
The effect of the amendments is that Parks Victoria will have
the same obligations as the Secretary in relation to Yarra River
land when performing a function or exercising a power under
the CLR Act.
Clause 99 amends section 29IB(2) of the CLR Act, which relates to cutting
and taking away fallen or felled trees for firewood in Shepparton
Regional Park, by substituting references to the Secretary with
Parks Victoria as the body which may carry out that activity or
authorise that activity to be carried out.
Clause 100 repeals section 29IC of the CLR Act, which is a spent provision
relating to the continuation of grazing licences in Kerang and
Shepparton Regional Parks until no later than 30 September
2014.
Clause 101 amends section 63B(2) of the CLR Act, which relates to
cutting and taking away fallen or felled trees for firewood in the
proposed Murray River Park, by substituting references to the
Secretary with Parks Victoria as the body which may carry out
that activity or authorise that activity to be carried out.
Clause 102 inserts new Part 6 into the Second Schedule to the CLR Act.
New Part 6 contains clauses 13 to 15, which are transitional
provisions relating to the re-establishment of Parks Victoria.
New clause 13 defines 4 terms used in Part 6--new committee
of management, old body, old committee of management and
Parks Victoria commencement.
Parks Victoria within the meaning of the Parks Victoria
Act 1998 is the old body and, if appointed as a committee of
management under the CLR Act immediately before the Parks
Victoria Act 2018 comes into operation (the Parks Victoria
34
commencement), it is referred to as the old committee of
management. It becomes the new committee of management
on the Parks Victoria commencement because of new clause 15.
New clause 14 is a transitional provision relating to licences
or agreements granted or entered into under section 17B(1).
It provides that any licence or agreement continues in force
subject to the terms and conditions under which the licence
or agreement was granted or entered into and provides for any
reference to the Secretary in a licence or agreement is taken to
be a reference to Parks Victoria (if not inconsistent with the
context or subject matter).
New clause 15 is a transitional provision for committees of
management constituted by Parks Victoria established under
the Parks Victoria Act 1998. It provides that Parks Victoria is
taken to be appointed as the new committee and for all rights,
property and assets of the old committee to vest in the new
committee, for all debts, liabilities and obligations of the old
committee to transfer to the new committee, and for the new
committee to be substituted for the old committee as a party to
any proceedings and in any contract or arrangement.
Part 7--Amendment of Forests Act 1958
Part 7 contains clauses 103 to 135, which amend the Forests Act 1958
("Forests Act").
The amendments mostly relate to apportioning the responsibility for the
exercise of various powers in the Act to the Secretary or Parks Victoria,
depending on whether the power is being exercised in relation to land that is
included in the Parks Victoria land record (see clause 61--new section 67A)
and managed by Parks Victoria. In some provisions, "land manager" is used
to refer to the Secretary or Parks Victoria (see clause 103).
Clause 103 amends section 3(1) of the Forests Act by inserting definitions of
accepted recommendation (see clause 86), land manager, Parks
Victoria and Parks Victoria recorded land (see clause 61), and
amends the definition of lease licence permit or authority by
substituting the reference to the Secretary with the land manager.
The land manager is either the Secretary or Parks Victoria,
depending on whether the land is Parks Victoria recorded land.
35
Clause 104 amends section 6 of the Forests Act, which relates to limiting
the powers of certain persons or bodies to use the Forests Act
to control work as defined under the Mineral Resources
(Sustainable Development) Act 1990 ("MRSD Act"), by
inserting a heading to the section and a reference to Parks
Victoria in the list of those bodies.
Clause 105 amends section 7(2) and (3) of the Forests Act, which relate to
the imposing of conditions on licences, rights or authorities under
the MRSD Act for the protection of the ecological condition of
native forests in a State forest (despite anything in the MRSD
Act), by substituting the references to the Secretary with the land
manager.
Clause 106 amends section 18 of the Forests Act, which currently specifies
the general powers of the Secretary, by inserting a heading which
includes a reference to Parks Victoria and by substituting the
references to the Secretary with the land manager.
Clause 107 inserts new section 18AA into the Forests Act, which specifies
the responsibilities of the Secretary in State forest that is Parks
Victoria recorded land.
Clause 108 amends section 18A of the Forests Act, which currently provides
for the control and management by the Secretary of certain land
reserved under the CLR Act.
Clause 108(1) inserts a heading which refers to the Secretary and
Parks Victoria.
Clause 108(2) inserts new section 18A(1B) which, together with
clause 96(3), has the effect of placing a forest park under the
control and management of Parks Victoria if it is Parks Victoria
recorded land.
Clause 108(3) amends section 18A(2A), (3)(b), (3A) and (3B),
which limit the application of certain powers under the Forests
Act in a forest park, by inserting a reference to the new
section 18A(1B).
Clause 108(4) amends section 18A(4), which currently relates
to the implementation of LCC recommendations where they
conflict with the reserve purpose, by substituting a reference
to an accepted recommendation (see clause 86).
36
Clause 109 amends section 18B, which specifies the obligations of the
Secretary in relation to Yarra River land, by inserting a
reference to Parks Victoria in the heading and by substituting
the references to the Secretary with the land manager in
section 18B(1) and (2). The effect of the amendments is that
Parks Victoria will have the same obligations as the Secretary
in relation to Yarra River land when performing a function or
exercising a power under the Forests Act.
Clause 110 amends section 20 of the Forests Act, which specifies various
powers and duties of the Secretary, by inserting a heading which
also refers to Parks Victoria and inserting new section 20(2).
New section 20(2) specifies particular powers of Parks Victoria
with respect to Parks Victoria recorded land.
Clause 111 amends section 21 of the Forests Act, which relates to special
powers of the Secretary, by inserting a heading to the section
which also refers to Parks Victoria, repealing section 21(1)(ea)
and (eb) relating to the closure of roads etc. and, instead,
inserting new section 21(1A) and (1B) to provide separate
powers to each land manager (Secretary or Parks Victoria), and
inserting a definition of relevant road, track tramway or other
works.
Clause 112 amends section 22 of the Forests Act, which relates to working
plans, by inserting new section 22(3). New section 22(3)
provides that section 22(1) does not apply to Parks Victoria
recorded land except in relation to timber harvesting if there
is an accepted recommendation or fire (see clause 86).
Clause 113 substitutes new section 28 of the Forests Act, which relates to
management agreements with TOLMBs. Existing section 28
enables the Secretary to enter into a management agreement
with a TOLMB in respect of the management of certain
reserved forest. The amendment is virtually identical to similar
amendments of the Land Act (see clause 137) and Wildlife Act
(see clause 231).
Substituted section 28 is similar to the existing provision but
requires the Secretary to consult with Parks Victoria before
entering into an agreement in relation to Parks Victoria
recorded land. It also provides that, if an agreement provides
for a TOLMB to manage any land that is reserved forest or to
carry out any function, power or duty in relation to that land
37
and Parks Victoria would otherwise do so, Parks Victoria does
not have the relevant power to manage the land or carry out the
function, power or duty.
Clause 114 amends section 50 of the Forests Act, which provides for the
declaration and management of reserved forests as various types
of parks and reserves, including the appointment of committees
of management and the making of regulations.
Clause 114(1) amends section 50(2) by substituting the
references to the Secretary with the Minister as the person
who is responsible for granting a licence (under section 52)
for grazing in a reserve declared under section 50.
Clause 114(2) inserts new section 50(4A), which enables Parks
Victoria, when appointed under section 50(3) as a committee of
management for a park or reserve declared under section 50, to
delegate any function, power or duty to the specified persons or
class of persons.
Clause 114(3) amends section 50(5), which enables the Governor
in Council to make regulations for parks and reserves declared
under section 50, by replacing the references to the Secretary
with the land manager in the list of items which may be the
subject of regulations.
Clause 114(4) amends section 50(5)(e) by modernising the
references to certain provisions of the Forests Act.
Clause 114(5) to (7) amend sections 50(6) and (8), which relate
to moneys received by the Secretary and payments by lessees or
licensees of land in a park or reserve, by substituting various
references to the Secretary with the land manager.
Clause 115 amends section 51(1) of the Forests Act, which relates to the
Minister granting leases of reserved forest for any purpose
recommended by the Secretary, by substituting the reference
to the Secretary with the land manager.
Clause 116 amends section 52(1C)(f) of the Forests Act, which relates to
the granting of licences by the Minister in relation to reserved
forest, by substituting the Secretary with the Minister as the
person who must consider one of the purposes for which a
licence may be granted to be appropriate before granting a
licence.
38
Clause 117 amends section 53(1) of the Forests Act, which relates to
submitting certain leases, licences or permits to auction or
tender, by modernising the references to certain provisions of
the Forests Act and substituting the reference to the Secretary
with the land manager as the body which can recommend that
a lease, licence or permit be offered for sale by auction or by
tender.
Clause 118 amends section 56 of the Forests Act, which relates to dealing
with interests in leased land, by substituting the reference to
the Secretary with the land manager as the body which can
recommend to the Minister that an interest can be assigned
etc., and by making a related consequential amendment.
Clause 119 amends section 57F(1) and (2) of the Forests Act, which relate
to the granting of tour operator licences, by substituting the
references to the Secretary with the land manager as the body
which may grant a licence.
Clause 120 amends section 57G(1) of the Forests Act, which relates to
applications for a tour operator licence, by substituting the
reference to the Secretary with the land manager as the body
to whom an application may be made.
Clause 121 amends section 57I(a) of the Forests Act, which relates to the
determination of the conditions of a tour operator licence, by
substituting the reference to the Secretary with the land manager
as the body which may determine certain conditions.
Clause 122 amends section 57K(1) to (5) of the Forests Act, which relate
to a variation of a tour operator licence, by substituting the
references relating to the Secretary with the land manager as
the body to whom an application for a variation may be made
and the body which may vary a licence.
Clause 123 amends section 57L(1) of the Forests Act, which relates to
the suspension of a tour operator licence, by substituting the
references to the Secretary with the land manager as the body
which may suspend a licence.
Clause 124 amends section 57M(1) to (4) of the Forests Act, which relate
to reviewing the suspension of a tour operator licence, by
substituting the references to the Secretary with the land manager
as the body which receives submissions on a suspension and
reviews a decision to suspend a licence.
39
Clause 125 amends section 57N(1), (2), (4), (4)(b) and (5) of the Forests
Act, which relate to the cancellation of a tour operator licence,
by substituting the references relating to the Secretary with
the land manager as the body which may cancel a licence.
Clause 126 amends section 58 of the Forests Act, which relates to
protected forest, by substituting existing section 58(3)
with new subsections (3) and (3A).
New section 58(3) specifies what forest produce in a protected
forest (a subset of State forest) is under the control of the
Secretary or Parks Victoria.
New section 58(3A) specifies that Parks Victoria has the control
and management of protected forest when it is Parks Victoria
recorded land. Otherwise, the Minister administering the Land
Act 1958 or the CLR Act, or another person or body (e.g. a
committee of management) who has control and management
of the land under the CLR Act or another Act, has control and
management, depending on the status of the land.
Clause 127 amends section 62(1A) of the Forests Act, which relates to the
declaration of lands to be protected public land.
Clause 127(1) and (2) amend section 62(1A)(b) and (c)
by substituting the references to the Secretary with Parks
Victoria as the management body of the specified land.
Clause 127(3) amends section 62(1A)(d) by substituting a
description of various land which is taken to be protected
public land.
Clause 128 amends section 62C of the Forests Act, which relates to the
entering into agreements and arrangements relating to the
prevention and suppression of fires, by inserting references to
recovery from fire in the heading and in section 62C(a) to (f),
which specify the matters which an agreement or arrangement
may cover.
Clause 129 amends section 72(1)(b) of the Forests Act, which relates to
immunities in relation to specified fire management activities,
by substituting references to the provisions of the Parks Victoria
Act 2018 under which the chief executive officer and staff of
Parks Victoria are employed.
40
Clause 130 amends section 84 of the Forests Act, which relates to restrictions
on authorised officers or other persons trading in forest produce
etc., by inserting a reference to Parks Victoria as a body which
may appoint authorised officers (see clause 75(2)) or other
persons.
Clause 131 amends section 85 of the Forests Act, which relates to
charging of fees for the agistment of cattle in reserved forest,
by substituting the reference to the Secretary with the land
manager as the body which may charge such a fee.
Clause 132 amends section 89(1) and (2) of the Forests Act, which relate
to the sale or disposal of unbranded cattle in reserved forest,
by substituting the references to the Secretary with the land
manager as the body which may sell or dispose of such cattle.
Clause 133 amends section 96(d) and (q) of the Forests Act, which are
offences relating to altering etc. any boundary mark or various
documents or driving on closed roads, by substituting the
references to the Secretary with the land manager in the
description of any such document or road.
Clause 134 amends section 99(15) of the Forests Act, which enables
regulations to be made in relation to traffic and trespass,
by substituting the reference to the Secretary with the
land manager in the description of certain roads etc.
Clause 135 inserts new section 105 into the Forests Act, which contains
transitional provisions relating to the re-establishment of Parks
Victoria and its appointment as a committee of management
under section 50(3) of the Forests Act.
New section 105(1) applies to the transition of any committee of
management constituted by Parks Victoria established under the
Parks Victoria Act 1998 (the old committee of management)
immediately before the commencement of the Parks Victoria
Act 2018 (the Parks Victoria commencement) to a committee
constituted by Parks Victoria established under the Park
Victoria Act 2018 (the new committee of management).
New section 105(1) provides that Parks Victoria is taken to
be appointed as the new committee of management and for all
rights, property and assets of the old committee to vest in the
new committee, for all debts, liabilities and obligations of
the old body to transfer to the new body, and for the new
41
committee to be substituted for the old committee as a party
to any proceedings and in any contract or arrangement.
New section 105(2) defines 4 terms used in new section 105--
new committee of management, old body, old committee of
management and Parks Victoria commencement (see the
explanation of clause 102--new clause 13 of the Second
Schedule to the CLR Act).
Part 8--Amendment of Land Act 1958
Part 8 contains clauses 136 to 152, which amend the Land Act 1958
("Land Act").
The amendments mostly relate to apportioning the responsibility for the
exercise of various powers in the Act to the Secretary or Parks Victoria
(referred to as the land manager), depending on whether the power is being
exercised on land included in the Parks Victoria land record and managed
by Parks Victoria).
Clause 136 amends section 3(1) of the Land Act by inserting definitions
of accepted recommendation (see clause 86), land manager
(see above), Parks Victoria and Parks Victoria recorded land
(see clause 61).
Clause 137 amends section 4B of the Land Act by substituting the existing
section with a new section 4B which enables the Secretary
to enter into a management agreement with a TOLMB.
The amendment is virtually identical to similar amendments
of the Crown Land (Reserves) Act, Forests Act and Wildlife
Act. Further explanation is provided in relation to clause 97.
Clause 138 amends section 130AC(d) of the Land Act, which relates
to compliance with conditions which may be included in
agricultural licences, by substituting a reference to the
Secretary with the land manager as the body which may
issue directions.
Clause 139 amends section 130B(1) of the Land Act, which relates to
the sending of a notice for payment of a licence fee, by
substituting a reference to the Secretary with the land manager
as the body which may send a notice.
Clause 140 amends section 130D(3) of the Land Act, which relates to
the continued application of sections 130B and 130C in
circumstances where a licence is lost, by substituting the
42
Secretary with the land manager as the body which keeps
records.
Clause 141 amends section 130D(4)(a) of the Land Act, which relates to
circumstances when a licence is lost, by substituting references
to the Secretary with the land manager in relation to the keeping
of records.
Clause 142 amends section 133A(1) and (4) of the Land Act, which relate to
the granting of agistment permits, by substituting the references
to the Secretary with the land manager as the body which may
grant such a permit.
Clause 143 amends section 133B of the Land Act, which relates to the
remittance or waiver of rent or fees in times of hardship by
substituting the reference to the Secretary with the land
manager as the body which may remit or waive rent.
Clause 144 amends section 133D(1) and (2) of the Land Act, which relate
to removal of improvements from leased or licensed land,
by substituting the references to the Secretary with the land
manager as the body responsible under this section for being
satisfied that any damage as a result of removing improvements
has been made good or for removing the improvement.
Clause 145 amends section 140B(2) of the Land Act, which relates to the
lodging of objections to the granting of a jetty licence, by
substituting a reference to the Secretary with the land manager
as the body with whom an objection must be lodged.
Clause 146 amends section 140DA(1) of the Land Act, which relates to
the fixing of a licence fee for a jetty licence, by substituting the
references to the Secretary with the land manager as the body
which may fix such a fee.
Clause 147 amends section 140E(1) of the Land Act, which relates to the
renewal of a jetty licence by the Secretary sending of a notice
for payment of a licence fee, by substituting a reference to the
Secretary with the land manager as the body responsible for
sending this notice.
Clause 148 amends section 140F of the Land Act, which relates to conditions
associated with a jetty licence, by inserting a heading to the
section and substituting the references to the Secretary with the
land manager as the body which must consent to the transfer of
43
a licence and who is responsible for certain decisions under this
section.
Clause 149 amends section 143 of the Land Act, which describes the land
over which a bee site licence may be granted.
Clause 149(1) amends section 143(1)(d)(ii) and (iii) by
substituting the references to the Secretary with Parks Victoria
in the description of certain land managed under the NP Act.
Clause 149(2) amends section 143(2)(e) by simplifying the
description of land which is to become a reference area.
Clause 150 amends section 149(2)(e) of the Land Act by simplifying the
description of some of the land in relation to which it is an
offence to use or occupy for a purpose relating to apiculture.
Clause 151 amends section 406(2)(a) of the Land Act, which relates to
the effect of cancellation of certain licences, by substituting
a reference to the Secretary with the land manager as the
body which may require the construction of a fence following
cancellation of the licence.
Clause 152 amends section 411 of the Land Act, which relates to the
notification of municipal councils of the granting of certain
licences, by substituting a reference to the Secretary with
the land manager as the body which must notify the council
of certain matters.
Part 9--Amendment of National Parks Act 1975
Part 9 contains clauses 153 to 220, which amend the National Parks
Act 1975 ("NP Act").
The amendments mostly relate to substituting most of the references to the
Secretary with Parks Victoria, which will have management responsibilities
for all land under the National Parks Act.
Clause 153 amends section 3(1) of the NP Act by repealing the definition
of committee (see clause 155), substituting the definition of
Director for the purposes of section 49 of the NP Act, and
inserting definitions of accepted recommendation (see clause 86)
and Parks Victoria.
44
Clause 154 repeals sections 5 and 6 of the NP Act, which relate respectively
to the appointment and function of the Director of National
Parks. This function is broadly covered by one of the new
functions of Parks Victoria (see clause 8(1)(f)).
Clause 155 repeals sections 14 and 15 of the NP Act, which relate
respectively to the appointment and the function of park
advisory committees. Those provisions are replaced by the
power in clause 26 for Parks Victoria to appoint advisory
committees.
Clause 156 amends section 16 of the NP Act, which relates to offices of
profit under the Crown, by omitting the reference to members
of an advisory committee or a committee. This is consequential
to the repeal of sections 14 and 15 (see clause 155).
Clause 157 substitutes new section 16A of the NP Act, which relates to
management agreements with TOLMBs. Existing section 16A
enables the Secretary to enter into a management agreement with
Parks Victoria for the management of parks and other land, and
to enter into a management agreement with a TOLMB in respect
of particular parks.
Substituted section 16A is similar to the existing provisions
relating to agreements with TOLMBs but excludes the provisions
relating to the Secretary entering into a management agreement
with Parks Victoria.
Substituted section 16A(1) enables the Secretary to enter into
a management agreement with a TOLMB in relation to the
management of land for which the TOLMB has been appointed
under the CFL Act or the carrying out of specified functions,
powers or duties in the relation to the management of that land.
Substituted section 16A(2) requires to the Secretary to consult
with Parks Victoria before entering into a management
agreement under substituted section 16A(1).
Substituted section 16A(3) reflects the existing section 16A(3)
and requires the Secretary to have regard to any agreement
applying to the establishment of a TOLMB under the CFL Act.
New section 16A(4) limits Parks Victoria's powers where land is
subject to a management agreement If an agreement provides for
a TOLMB to manage any land that is reserved forest or to carry
out any function, power or duty in relation to that land and Parks
45
Victoria would otherwise do so, Parks Victoria does not have
the relevant power to manage the land or carry out the function,
power or duty.
New section 16A(5) provides that new section 16A(4) has effect
despite any provision of the NP Act or another Act being to the
contrary.
Clause 158 amends section 17 of the NP Act, which relates to national and
State parks and specifies particular duties of the Secretary with
respect to each national and State park.
Clause 158(1) amends section 17(2) by substituting the
reference to the Secretary with Parks Victoria in relation to
who has control and management of each national and State
park and the responsibility for carrying out the specified duties.
Clause 158(2) amends section 17(2)(b) so that Parks Victoria
must, as far as is practicable, consult with the Secretary to ensure
that, as far as is practicable, appropriate and sufficient measures
are taken to protect each national park and State park from injury
by fire.
Clause 158(3) amends section 17(2)(d) to recognise that the
obligation to prepare a plan of management for each national
and State park may be met through the preparation of a land
management plan under Division 4 of Part 3 of the Parks
Victoria Act 2018.
Clause 158(4) and (5) amend section 17(3) and (4), which relate
to consultation with Melbourne Water Corporation in relation to
a designated water supply catchment area, by substituting the
references to the Secretary with Parks Victoria.
Clause 159 amends section 17A of the NP Act, which relates to wilderness
parks and specifies particular duties of the Secretary with respect
to each wilderness park.
Clause 159(1) amends section 17A(2) by substituting the
reference to the Secretary with Parks Victoria in relation to
who has control and management of each wilderness park
and the responsibility for carrying out the specified duties.
Clause 159(2) inserts new section 17A(2)(ab), which provides
that Parks Victoria must, as far as is practicable, consult with the
Secretary to ensure that, as far as is practicable, appropriate and
46
sufficient measures are taken to protect each wilderness park
from injury by fire.
Clause 159(3) amends section 17A(3), which specifies particular
obligations, by substituting the reference to the Secretary with
Parks Victoria.
Clause 160 amends section 17B(1) of the NP Act, which relates to the
preparation of a management plan for each wilderness park, by
substituting a reference to the Secretary with Parks Victoria and
recognising that the obligation to prepare a plan of management
for each wilderness park may be met through the preparation of
a land management plan under Division 4 of Part 3 of the Parks
Victoria Act 2018.
Clause 161 amends section 17C of the NP Act, which prohibits various
development and other activities in wilderness parks other than
those specified in section 17C(2).
Clause 161(1) and (2) amend section 17C(1), (2)(a), (c), (d)
and (e) by substituting the references to the Secretary with Parks
Victoria as the body with various responsibilities under those
provisions.
Clauses 161(3) amends section 17C(2)(f), which provides for
measures considered necessary for the health and safety of
persons, the prevention and control of fire or emergencies
relating to the control of diseases, by substituting the reference to
the Secretary with Parks Victoria or the Secretary. The reference
to the Secretary remains in this paragraph in recognition of the
Secretary's ongoing responsibility for the prevention and control
of fire.
Clause 161(4) amends section 17C(3) by substituting the
reference to the Secretary with Parks Victoria or the Secretary
(as the case may be) in relation to the body which may carry
out works, maintenance or rehabilitation.
Clause 162 amends section 17D of the NP Act, which relates to marine
national parks and marine sanctuaries and specifies particular
duties of the Secretary with respect to each park and sanctuary.
Clause 162(1) amends section 17D(3) by substituting the
reference to the Secretary with Parks Victoria in relation to
the body which has control and management of each marine
47
national park and marine sanctuary and the responsibility for
carrying out the specified duties.
Clause 162(2) amends section 17D(3)(c) to recognise that the
obligation to prepare a plan of management for each marine
national park and marine sanctuary may be met through the
preparation of a land management plan under Division 4 of
Part 3 of the Parks Victoria Act 2018.
Clause 163 amends section 18 of the NP Act, which relates to other parks
and specifies duties of the Secretary with respect to each park.
Clause 163(1) amends section 18(2) by substituting the reference
to the Secretary with Parks Victoria in relation to who has control
and management of each park and the responsibility for carrying
out the specified duties.
Clause 163(2) amends section 18(2)(b) to recognise that the
obligation to prepare a plan of management for each park may
be met through the preparation of a land management plan
under Division 4 of Part 3 of the Parks Victoria Act 2018.
Clause 164 amends section 19AA(1) and (2) of the NP Act, which relate
to the responsibility for the management of land following
its acquisition and prior to its reservation, by substituting the
references to the Secretary with Parks Victoria.
Clause 165 amends section 19A of the NP Act, which relates to agreements
for the management of land vested in Trust for Nature by the
Secretary as if it were a park.
Clause 165(1) and (2)(a) amends section 19A(1), (2) and (4) by
substituting references to the Secretary with Parks Victoria.
Clauses 165(2)(b), (3) and (4) amend section 19A(2), (2A)
and (3) be inserting references to State parks and the Schedule
to the NP Act in which they are described.
Clause 166 amends section 19B of the NP Act, which relates to the
management of certain reserved Crown land by the Secretary,
by inserting a heading to the section, substituting the references
to the Secretary with Parks Victoria in section 19B(1), (2), (4)
and (6), substituting the reference to officers or employees
appointed for the purposes of the Act with employees of
Parks Victoria in section 19B(5), and inserting a Note to
48
cross-reference to a related transitional provision in the CFL
Act at the foot of section 19B.
Clause 167 amends section 19C of the NP Act, which relates to agreements
with public authorities for the management of land by the
Secretary as if it were a park, by substituting the references to
the Secretary with Parks Victoria.
Clause 168 amends section 19D of the NP Act, which relates to agreements
with other States or the Commonwealth for the management
of land by the Secretary, by substituting the references to the
Secretary with Parks Victoria.
Clause 169 amends section 19E(2) of the NP Act, which relates to the
management by the Secretary of land adjacent to a park which
the Minister has leased, by substituting the reference to the
Secretary with Parks Victoria.
Clause 170 amends section 19F(1) of the NP Act, which enables certain
land to be placed on Schedule Four to the NP Act and managed
by the Secretary as if it were a park, by substituting the reference
to the Secretary with Parks Victoria.
Clause 171 amends section 20 of the NP Act, which specifies certain
powers of the Secretary, by inserting a heading to the section
and substituting references relating to the Secretary with Parks
Victoria in section 20(1) and (2).
Clause 172 amends section 20A of the NP Act, which relates to the
obligations of the Secretary in relation to Yarra River land,
by amending the heading and sections 20A(1) and (2) by
inserting references to Parks Victoria. The effect of the
amendments is that Parks Victoria will have the same
obligations as the Secretary in relation to Yarra River
land when performing a function or exercising a power
under the NP Act.
Clause 173 amends section 21 of the NP Act, which relates to the granting
of certain permits in relation to parks under the Act.
Clause 173(1) inserts a heading to the section.
Clause 173(2) substitutes existing section 21(1) with new
section 21(1) and (1AA).
49
New section 21(1) replaces existing section 21(1)(a) and enables
Parks Victoria to grant a permit to occupy a building, camping
place or other facility for a period not exceeding 6 weeks, subject
to any terms and conditions determined by Parks Victoria, and
the payment of any fees and charges as the Minister determines.
New section 21(1AA) replaces existing section 21(1)(c) and
enables Parks Victoria to grant a permit to carry out a trade or
business consistent with the objects of the NP Act for a period
not exceeding 3 years, subject to any terms and conditions
determined by Parks Victoria, and the payment of any fees and
charges as the Minister determines.
Clause 173(3) and (6) amend section 21(1A) and (3) by
substituting the references to the Secretary with Parks Victoria.
Clause 173(4) substitutes section 21(2), which specifies that the
Minister may do in relation to fees and charges payable for a
permit granted under section 21(1) or (1AA).
Clause 173(5) amends section 21(2A), which relates to the
cancellation or suspension of a permit, by substituting a reference
to existing section 21(1)(c) with new section 21(1AA) and
substituting a reference to the Minister with Parks Victoria.
Clause 174 amends section 21A(1) and (2) of the NP Act, which relate to
the granting of permits to take fish or fishing bait in a marine
national park or marine sanctuary for research, by substituting
the references to the Secretary with Parks Victoria as the body
which may grant such a permit.
Clause 175 amends section 21C(1) and (2) of the NP Act, which relate to the
duties of the Secretary with respect to remote and natural areas,
by substituting the reference to the Secretary with Parks Victoria.
Clause 176 amends section 21D of the NP Act, which relates to the
management of remote and natural areas.
Clause 176(1), (2), (3), (5) and (6) amend section 21D(2), (3)(a),
(b), (c) and (d), (4), (5) and (6) by substituting the references to
the Secretary with Parks Victoria as the body which has the
power to do certain things in a remote and natural area.
Clause 176(3) also amends section 21D(4) by repealing
section 21D(4)(d), which currently enables the Secretary to
do anything necessary for the prevention and control of fire.
50
This power will now be included in new section 21D(4A)
(see clause 176(4)).
Clause 176(4) inserts new section 21D(4A) which is a
separate power of the Secretary that is similar to the power
in section 21(4)(d), which clause 176(3)(b) repeals.
Clause 176(7) inserts new section 21D(7), which relates to
the Secretary undertaking rehabilitation works as a consequence
of the amendment in clause 176(4). New section 21D(7) is
similar to existing section 21D(6) but is limited to rehabilitation
works required following works to prevent or control fire.
Clause 177 amends section 22B of the NP Act, which relates to the
construction and maintenance of navigation lights in
2 wilderness zones, by substituting the references to the
Secretary with Parks Victoria as the body which may do
certain things in relation to those lights.
Clause 178 amends section 22D(2) of the NP Act, which relates to
reviewing the effects of deer hunting in the Avon Wilderness
Park and 2 wilderness zones, by substituting the reference to
the Secretary with Parks Victoria as the responsible body.
Clause 179 amends section 23 of the NP Act, which relates to the approval
of permanent works in a park for the protection, development
or improvement of the park, by inserting new section 23(2).
New section 23(2) requires the Minister to approve the works
which may be carried out under section 23(1) before they are
carried out unless the Minister has specified, by notice published
in the Government Gazette, works or a class of works for which
approval is not required.
Clause 180 amends section 25A(1) and (2) of the NP Act, which relates
to the continuation of pre-existing uses in national parks, by
substituting a reference to a notice relating to a recommendation
of the LCC with accepted recommendation (see clause 86), and
substituting the references to recommendation with accepted
recommendation.
Clause 181 amends section 25B of the NP Act, which relates to the
harvesting of a pine plantation in Lake Eildon National Park,
by substituting the references to the Secretary with Parks
Victoria as the body which may grant a licence to harvest the
pines.
51
Clause 182 amends section 26 of the NP Act, which relates to carrying out
of particular projects or studies in certain parks, by omitting the
reference to Arthurs Seat State Park.
Clause 183 amends section 26A(b)(iii) of the NP Act, which relates to the
continuation of pre-existing uses in State or other parks, by
substituting the reference to a notice of a recommendation of
the former LCC with accepted recommendation (see clause 86).
Clause 184 amends section 27(1), (2) and (3) of the NP Act, which relate
to the giving of consent to public authorities to perform their
functions or exercise their powers in a park, by substituting
the references to the Secretary with Parks Victoria as one of
the bodies who may give consent.
Clause 185 amends section 27BA of the NP Act, which relates to the
Secretary's obligation to have regard to the Yarra Strategic
Plan when preparing a management plan for a park, by
substituting the references to the Secretary in the heading
and the section with Parks Victoria.
Clause 186 amends section 27D(1) and (2) of the NP Act, which relate
to the granting of tour operator licences, by substituting the
references to the Secretary with Parks Victoria as the body
which may grant a licence.
Clause 187 amends section 27E(1) of the NP Act, which relates to
applications for a tour operator licence, by substituting the
reference to the Secretary with Parks Victoria as the body
to whom an application may be made.
Clause 188 amends section 27G(a) of the NP Act, which relates to the
determination of the conditions of a tour operator licence, by
substituting the reference to the Secretary with Parks Victoria
as the body which may determine certain conditions.
Clause 189 amends section 27I(1) to (5) of the NP Act, which relate
to a variation of a tour operator licence, by substituting the
references relating to the Secretary with Parks Victoria as
the body to whom an application for a variation may be
made and the body which may vary a licence.
52
Clause 190 amends section 27J(1) of the NP Act, which relates to the
suspension of a tour operator licence, by substituting the
references to the Secretary with Parks Victoria as the body
which may suspend a licence.
Clause 191 amends section 27K(1) to (4) of the NP Act, which relate
to reviewing the suspension of a tour operator licence, by
substituting the references to the Secretary with Parks Victoria
as the body which receives submissions on a suspension and
reviews a decision to suspend a licence.
Clause 192 amends section 27L(1), (2), (4) and (5) of the NP Act,
which relate to the cancellation of a tour operator licence,
by substituting the references relating to the Secretary with
Parks Victoria as the body which may cancel a licence.
Clause 193 amends section 28(2)(c) of the NP Act, which relates to the
introduction or use of cattle in specific parks, by replacing
the reference to the Parks Victoria Act 1998 with the Parks
Victoria Act 2018 in the description of Parks Victoria.
Clause 194 amends section 30A(1)(c) of the NP Act, which relates to
operations in the Alpine National Park relating to the Kiewa
hydro-electric scheme, by substituting a reference the Director
with Parks Victoria as the body with whom the scheme's operator
must consult in planning fire protection works.
Clause 195 amends section 30I(4)(b) of the NP Act, which relates to the
granting of a reasonable right of access over a park to freehold
land which abuts or is surrounded by the park, by omitting
an obsolete reference to the former Warby Range State Park.
This park is now part of the park described in Part 49 of
Schedule Two (Warby-Ovens National Park) and is referred
to in section 30I(4)(a) of the NP Act.
Clause 196 amends section 32AA(1), (2) and (3) of the NP Act, which relate
to the management of Glenample Homestead by the Secretary
as if it were a park, by substituting the references to the Secretary
with Parks Victoria as the body responsible for the management.
Clause 197 repeals section 32AE of the NP Act, which relates to the Alpine
Advisory Committee. Clause 26 enables Parks Victoria to
establish an advisory committee to assist with the preparation
of a management plan for the Alpine National Park if required.
53
Clause 198 amends section 32D of the NP Act, which relates to authorities
to search for minerals or gemstones in specified parks, including
by updating the references to the former Warby Range State
Park.
Clause 198(1) amends section 32D(1)(b)(i) by inserting a
reference to Warby-Ovens National Park in the list of parks
in relation to which the Minister may designate areas for the
searching for gemstones.
Clause 198(2) amends section 32D(b)(ii) by omitting an
obsolete reference to the former Warby Range State Park,
which now forms part of the Warby-Ovens National Park.
Clause 198(3) amends section 23D(2) and (3) by substituting
the references to the Secretary with Parks Victoria as the body
responsible for various actions under these provisions.
Clause 199 amends section 32H(1), (2) and (3) of the NP Act, which relate
to the protection of designated water supply catchment areas and
their water resources, by substituting the references relating to
the Secretary with Parks Victoria as the body responsible for
ensuring that the areas and their water resources are protected.
Clause 200 amends section 32I of the NP Act, which relates to management
agreements with particular water authorities in relation to the
management of the designated water supply catchment areas, by
substituting the references to the Secretary with Parks Victoria as
the body which may enter into an agreement and by substituting
the reference to the Minister administering section 17 of the
State Owned Enterprises Act 1992 (SOE Act) with the
Treasurer in relation to the resolution of disputes.
Clause 201 amends section 32K(1) of the NP Act, which relates to the
control and management of structures and other installations
in designated water supply catchment areas, by inserting the
reference to Parks Victoria in addition to the existing reference
to the Secretary in the description of certain structures and
installations.
Clause 202 amends section 32L(1) of the NP Act, which relates to extraction
of forest produce from specified areas in 2 designated water
supply catchment areas, by substituting the reference to the
Secretary with Parks Victoria in relation to the determination
54
of terms and conditions if there is no agreement in place under
section 32I.
Clause 203 amends section 32M(1) of the NP Act, which relates to the
determination of disputes in the absence of a management
agreement under section 32I of the NP Act, by substituting
the reference to the Secretary with Parks Victoria as one of
the bodies who may refer a dispute and by substituting the
reference to the Minister administering section 17 of the
SOE Act with the Treasurer as one of the bodies to whom
a dispute may be referred.
Clause 204 amends section 32R of the NP Act, which relates to drainage
licences relating to Cobboboonee National Park, by substituting
the references to the Secretary with Parks Victoria in
section 32R(1), (2) and (3) as the body which may grant a
licence, and by repealing the definition of drainage licence
in section 32R(4), which is spent.
Clause 205 amends section 32S(1) of the NP Act, which relates to the
authorisation of rehabilitation works in specified parts of the
Great Otway National Park, by substituting the reference to
the Secretary with Parks Victoria as the body which may
authorise such works.
Clause 206 amends section 33(3)(g)(iia), (iii) and (iv) of the NP Act, which
relate to the expenditure of moneys appropriated by Parliament
for national park purposes, by substituting the references to the
Secretary with Parks Victoria in the descriptions of certain land.
Clause 207 amends section 35(1) of the NP Act, which relates to the
preparation of an annual report on the working of the NP Act,
by substituting the reference to the Secretary with Parks Victoria
as the body which must prepare the report.
Clause 208 amends section 37 of the NP Act, which relates to consenting
to the use of guns or other weapons in parks under the NP Act,
by inserting a heading to the section, substituting the references
relating to the Secretary with Parks Victoria in section 37(1)
to (5) in relation to the body which may authorise the use, and
making an expression gender neutral.
Clause 209 amends section 37AA of the NP Act, which relates to consenting
to the carriage of weapons other than guns through parks, by
inserting a heading to the section and substituting the reference in
55
section 37AA(1) to the Secretary with Parks Victoria as the body
which may consent to the carriage.
Clause 210 amends section 37A of the NP Act, which relates to works
on certain roads adjoining certain parks and the collection of
fees on those roads, by inserting a heading to the section and
substituting the references to the Minister in section 37A(1), in
relation to erection of signs and road works, and the Secretary
in section 37A(3), in a description of a permit or authority
granted under section 21, with Parks Victoria.
Clause 211 amends section 38(1) of the NP Act, which relates to the powers
of authorised officers, by substituting authorized with authorised,
and making particular expressions gender neutral.
Clause 212 amends section 38AA(2) of the NP Act, which relates to the
production of identification by an authorised officer in certain
circumstances, by indicating that the identification approved
by the Secretary relates to authorised officers appointed by the
Secretary and inserting a reference to identification approved
by Parks Victoria for authorised officers appointed by Parks
Victoria.
Clause 213 amends section 39(b) of the NP Act, which relates to the
application of section 188A of the Land Act, by substituting
the reference to authorized with authorised.
Clause 214 amends section 41(b) and (d) and the end of section 41 of
the NP Act, which relate to the impounding of livestock, by
substituting the references relating to the Secretary with Parks
Victoria in relation to the description of certain land and the
power to impound.
Clause 215 repeals section 46 of the NP Act, which is an obsolete provision
relating to the bringing of proceedings for offences under the
NP Act. This matter is now dealt with under the CFL Act.
Clause 216 amends section 47 of the NP Act, which relates to evidence
in proceedings, by substituting section 47(1) to provide that
certificates purported to be signed by the Secretary and the chief
executive officer of Parks Victoria is evidence of the matters so
certified, and substituting the 2 references to the Secretary with
the chief executive officer of Park Victoria and Parks Victoria
respectively in section 47(2).
56
Clause 217 repeals section 47C of the NP Act, which is an obsolete provision
relating to the expiation of prescribed offences by the payment
of a fine. This provision predates the provisions of the CFL Act
which allow the issuing of infringement notices.
Clause 218 amends section 48 of the NP Act, which relates to the making
of regulations by the Governor in Council for or with respect to
specified matters.
Clause 218(1) repeals section 48(1)(e), which relates to
regulating the proceedings of advisory committees and
prescribing travelling allowances for members. This is
required as a consequence of the amendment in clause 155,
which repeals the power to appoint advisory committees.
Clause 218(2) amends section 48(2)(ca), which relates to the
content of regulations, by inserting a reference to Parks Victoria.
Clause 219 inserts new Part X into the NP Act, which contains new
sections 80 to 89. These are transitional provisions relating
to the Parks Victoria Act 2018 and transfer various powers
and other matters from the Secretary to Parks Victoria on the
commencement of the Parks Victoria Act 2018 (the Parks
Victoria commencement).
New section 80 inserts a definition of Parks Victoria
commencement and Parks Victoria matter for the
purposes of Part X.
The Parks Victoria commencement is the day on which the
Parks Victoria Act 2018 comes into operation. A Parks
Victoria matter is any function, power or duty as to the
management of land under the NP Act that is conferred on
Parks Victoria as a result of the Parks Victoria Act 2018.
New section 81 provides for the transition from the Secretary
to Parks Victoria on the Parks Victoria commencement.
New section 81(1) provides that various matters that pertained
to the Secretary immediately before the Parks Victoria
commencement transfer to Parks Victoria, and Parks Victoria
is substituted for the Secretary as a party to various proceedings,
contracts or arrangements to which the Secretary was a party
immediately before the Parks Victoria commencement.
57
New section 81(2) substitutes any reference to the Secretary
with Parks Victoria in any document so far as it relates to any
period on or after the Parks Victoria commencement and if not
inconsistent with the context or subject matter.
New section 81(3) provides that any decision made or action
taken by the Secretary under any document that relates to any
Parks Victoria matter and that is in effect immediately before
the Parks Victoria commencement is taken to be a decision of
Parks Victoria so far as it relates to any period on or after the
Parks Victoria commencement and if not inconsistent with the
context or subject matter.
New section 82 is a transitional provision for any licence, permit,
consent or other authority under the NP Act. It provides that any
licence, permit, consent or authority granted or issued under the
NP Act continues in force subject to its terms and conditions as
if the licence etc. were granted or issued by Parks Victoria and
any reference to the Secretary in a licence, etc. were a reference
to Parks Victoria (if not inconsistent with the context or subject
matter).
New section 83 is a transitional provision for applications for
tour operator licences under section 27E of the NP Act and
variations to tour operator licences under section 27I of the
NP Act made before the Parks Victoria commencement to be
considered by Parks Victoria. The effect of new section 83 is
that any application made immediately before that date is taken
to continue in force and may be dealt with under the NP Act as
if it had been made to Parks Victoria, not the Secretary.
New section 84 is a transitional provision for agreements with
Trust for Nature under section 19A of the NP Act. It provides
that any agreement is taken to be an agreement for Parks Victoria
to manage the land (rather than the Secretary), and any reference
to the Secretary in the agreement is taken to be a reference to
Parks Victoria (if not inconsistent with the context or subject
matter).
New section 85 is a transitional provision for agreements with
public authorities under section 19C of the NP Act. It provides
that any agreement is taken to be an agreement for Parks Victoria
to manage the land (rather than the Secretary), and any reference
to the Secretary in the agreement is taken to be a reference to
58
Parks Victoria (if not inconsistent with the context or subject
matter).
New section 86 is a transitional provision for agreements with
other Governments under section 19D of the NP Act. It provides
that any agreement is taken to be an agreement for Parks Victoria
to manage the land (rather than the Secretary), and any reference
to the Secretary in the agreement is taken to be a reference to
Parks Victoria (if not inconsistent with the context or subject
matter).
New section 87 is a transitional provision for references relating
to Order under section 19F of the NP Act. It provides that any
reference to the Secretary in any Act, proclamation, Order in
Council etc. in relation to land that is subject to an Order made
under section 19F is taken to be a reference to Parks Victoria
so far is relates to any period on or after the Parks Victoria
commencement and if not inconsistent with the context or subject
matter.
New section 88 is a transitional provision for management
agreements with managing water authorities under section 32I
of the NP Act relating to designated water supply areas in
3 national parks. It provides that any agreement continues in
force subject to its terms and conditions and as if the agreement
were entered into by Parks Victoria (rather than the Secretary),
and any reference to the Secretary in the agreement is taken to
be a reference to Parks Victoria (if not inconsistent with the
context or subject matter), other than in relation to the matters
relating to fire protection and fire management.
New section 89 is a transitional provision for an authorisation
applying to the management of Glenample Homestead under
section 32AA of the NP Act. It provides that any authorisation
is taken to be an authorisation for the management of the land
by Parks Victoria.
Clause 220 repeals clauses 2, 3, 5, 6, 21, 22, 23, 24, 25 and 26 of
Schedule One AA to the NP Act. These are spent transitional
provisions associated with the creation of new park areas in
northern Victoria in 2010 and the Parks and Crown Land
Legislation Amendment (Canadian Regional Park and
Other Matters) Act 2016.
59
Part 10--Amendment of Water Industry Act 1994
Part 10 contains clauses 221 and 222, which amend the Water Industry
Act 1994 ("Water Industry Act").
Clause 221 amends section 3(1) of the Water Industry Act by inserting a
definition of Parks Victoria recorded land (see clause 61)
and substituting an updated definition of Secretary.
Clause 222 amends section 132 of the Water Industry Act, which relates
to management agreements in relation to waterways land in
the greater metropolitan area, by inserting section 132(2).
New section 132(2) provides that the Secretary must not enter
into a management agreement in relation to waterways land
if that land is also Parks Victoria recorded land.
Part 11--Amendment of Wildlife Act 1975
Part 11 contains clauses 223 to 243, which amend the Wildlife Act 1975
("Wildlife Act").
The amendments mostly relate to apportioning responsibility for the exercise
of various powers in the Act to Parks Victoria or the Secretary (referred to
as the land manager), depending on whether the power is being exercised
on land included on the Parks Victoria land record and managed by Parks
Victoria.
Clause 223 amends section 3(1) of the Wildlife Act by inserting definitions
of accepted recommendation (see clause 86), land manager
(see the explanation above), Parks Victoria and Parks Victoria
recorded land (see clauses 56 and 62).
Clause 224 amends section 14 of the Wildlife Act, which relates to the
Secretary's control and management of certain lands, including
State Wildlife Reserves, by inserting a heading to the section
and substituting a reference to the Secretary with the land
manager in the description of the land over which the land
manager has management and control. Clause 224 also
substitutes a reference to a recommendation of the former
LCC with accepted recommendation (see clause 86).
Clause 225 amends section 14A of the Wildlife Act, which relates to the
obligations of the Secretary for Yarra River land, by inserting
a heading to the section and substituting the references to the
Secretary with the land manager in section 14A(1) and (2).
60
The effect of the amendments is that Parks Victoria will have
the same obligations as the Secretary in relation to Yarra River
land when performing a function or exercising a power under
the Wildlife Act.
Clause 226 amends section 15 of the Wildlife Act, which relates to the
designation of State Wildlife Reserves and Nature Reserves
and the further classification of State Wildlife Reserves.
Clause 226(1) and (3) substitutes references to the Secretary
with the land manager in relation the description of the body
which has management and control of certain land to be known
as State Wildlife Reserves.
Clause 226(2) inserts new section 15(1A), which puts beyond
doubt that the effect of entering into an agreement with a
TOLMB under section 18A(1) (see clause 231) so that it does
not affect the status of the land as a State Wildlife Reserve.
Clause 227 amends section 16 of the Wildlife Act, which relates to the
management and control of State Wildlife Reserves by the
Secretary, by inserting a heading and substituting the references
to the Secretary with the land manager in section 16(1) and (2).
Clause 228 amends section 16A of the Wildlife Act, which relates to
management and control of Nature Reserves by the Secretary, by
inserting a heading, substituting the references to the Secretary
with the land manager in section 16(1) to (3), and substituting
the reference to a notice relating to a recommendation of the
former LCC with accepted recommendation, and omitting a
reference to a recommendation of the Secretary.
Clause 229 amends section 17(1) of the Wildlife Act, which relates to
the payment of tolls, fees, rents and charges received by
the Secretary into the Consolidated Fund, by replacing the
reference to the Secretary with the land manager.
Clause 230 amends section 18 of the Wildlife Act, which relates to
management plans for State Wildlife Reserves and Nature
Reserves, by inserting a heading, substituting references to
the Secretary with the land manager (being the body responsible
for the preparation of the plans) in section 18(1) and (2), and
inserting new section 18(4A) to recognise that the obligation
to prepare a plan of management may be met through the
61
preparation of a land management plan under Division 4 of
Part 3 of the Bill.
Clause 231 substitutes new section 18A of the Wildlife Act, which
relates to management agreements with TOLMBs.
Existing section 18A enables the Secretary to enter into
a management agreement with a TOLMB in respect of
the management of State Wildlife Reserves and Nature
Reserves. The amendment is virtually identical to similar
amendments of the Forests Act (see clause 113) and Land
Act (see clause 137). Further explanation is provided in
relation to clause 113.
Clause 232 amends section 19(3) of the Wildlife Act, which relates to the
removal of buildings and other structures from State Wildlife
Reserves and Nature Reserves, by substituting the reference
to the Secretary with the land manager as the body which
may authorise an authorised officer to make a complaint.
Clause 233 amends section 21(1), (2) and (3) of the Wildlife Act, which
are offences relating to various activities in a State Wildlife
Reserve or a Nature Reserve which are not authorised by the
Secretary, by substituting the references to the Secretary with
the land manager.
Clause 234 amends section 21B(1) and (2) of the Wildlife Act, which relate
to the granting of tour operator licences, by substituting the
references to the Secretary with the land manager as the body
which may grant a licence.
Clause 235 amends section 21C(1) of the Wildlife Act, which relates to
applications for a tour operator licence, by substituting the
reference to the Secretary with the land manager as the body
to whom an application may be made.
Clause 236 amends section 21E(a) of the Wildlife Act, which relates to
the determination of the conditions of a tour operator licence,
by substituting the reference to the Secretary with the land
manager as the body which may determine certain conditions.
Clause 237 amends sections 21G(1) to (5) of the Wildlife Act, which relate
to a variation of a tour operator licence, by substituting the
references relating to the Secretary with the land manager as
the body to whom an application for a variation may be made
and the body which may vary a licence.
62
Clause 238 amends section 21H(1) of the Wildlife Act, which relates to
the suspension of a tour operator licence, by substituting the
references relating to the Secretary with the land manager as
the body which may suspend a licence.
Clause 239 amends section 21I(1) to (4) of the Wildlife Act, which relate
to reviewing the suspension of a tour operator licence, by
substituting the references to the Secretary with the land manager
as the body which receives submissions on a suspension and
reviews a decision to suspend a licence.
Clause 240 amends section 21J(1), (2), (4) and (5) of the Wildlife Act,
which relate to the cancellation of a tour operator licence,
by substituting the references relating to the Secretary with
the land manager as the body which may cancel a licence.
Clause 241 amends section 32(3), (4) and (5) of the Wildlife Act, which
relate to the establishment and management of Wildlife
Management Co-operative Areas, by inserting references to
Parks Victoria as an additional body which may be involved
in certain actions under these provisions.
Clause 242 amends section 86C(1) of the Wildlife Act, which relates to
a review of decisions relating to licences, authorisations or
permits, by inserting references to Parks Victoria in the list
of bodies who decisions may be reviewed.
Clause 243 amends section 87(7) of the Wildlife Act, which relates to
the conferring of discretionary authority or imposing a duty
in relation to regulations made under the Act, by inserting a
reference to Parks Victoria in the bodies on whom such an
authority may be conferred or duty imposed.
Part 12--Other consequential amendments
Part 12 of the Bill contains clauses 244 to 252, which makes consequential
amendments to 10 other Acts as a result of the Parks Victoria Act 2018.
Clause 244 amends section 4(1) of the Aboriginal Heritage Act 2006 by
substituting the reference to the Parks Victoria Act 1998 with
the Parks Victoria Act 2018 in the definition of Parks Victoria.
Clause 245 amends section 30A(1)(b) of the Country Fire Authority
Act 1958 by substituting the references to the provisions under
which persons are employed under the Parks Victoria Act 2018.
63
Clause 246 amends section 9 of the Land (Revocation of Reservations and
Other Matters) Act 2009 by substituting the reference to the
Parks Victoria Act 1998 with the Parks Victoria Act 2018 in
the definition of Parks Victoria.
Clause 247 amends section 91(b)(ii) of the Mineral Resources (Sustainable
Development) Act 1990 by updating the reference to the Parks
Victoria Act 1998 with the Parks Victoria Act 2018 in the
description of employees of Parks Victoria to whom the Chief
Inspector may delegate specified powers.
Clause 248 amends section 83 of the Port Management Act 1995 by
substituting the reference to the Parks Victoria Act 1998 with
the Parks Victoria Act 2018 in the definition of authorised
person.
Clause 249 amends the Safe Drinking Water Act 2003 ("SDW Act").
Clause 249(1) amends section 3 of the SDW Act by substituting
reference to the Parks Victoria Act 1998 with the Parks
Victoria Act 2018 in the definition of water supplier.
Clause 249(2) amends section 17(2)(b) of the SDW Act by
substituting reference to the Parks Victoria Act 1998 with
the Parks Victoria Act 2018 in the description of one of the
Minsters whom must be consulted before making regulations
specifying the quality standards for drinking water.
Clause 249(3) amends section 53(d)(iii) of the SDW Act by
substituting the reference to the Parks Victoria Act 1998
with the Parks Victoria Act 2018 in the description of one
of the Ministers whom must be consulted in determining
how to apportion the administrative levy payable by a water
supplier or water storage manager.
Clause 250 amends the Traditional Owner Settlement Act 2010
("TOS Act").
Clause 250(1) amends section 3 of the TOS Act by inserting
a definition of Parks Victoria.
Clause 250(2) amends section 28 of the TOS Act by inserting
new section 28(ma) in the list of items which are defined as a
land use activity for the purposes of the TOS Act. This refers
to the making of a plan or amending a land management plan
under the Parks Victoria Act 2018.
64
Clause 250(3) amends section 29(h) of the TOS Act by
substituting the reference to the Secretary with Parks Victoria
in the definition of decision maker in relation to the preparation
of a management plan under specified sections of the National
Parks Act.
Clause 250(4) amends section 29(i) of the TOS Act by
substituting the reference to the Secretary with the land manager
in the definition of decision maker for the purposes of the TOS
Act in relation to the preparation of a management plan under
section 15 of the Wildlife Act.
Clause 250(5) amends section 29(j) of the TOS Act by
substituting the reference to the Secretary with the land
manager in the definition of decision maker in relation to
the preparation of a working plan for Wildlife Management
Co-operative Areas under section 32 of the Wildlife Act.
Clause 250(6) amends section 29 of the TOS Act by inserting
new section 29(ja), which refers to Parks Victoria, in the
definition of decision maker in relation to the making of a
management plan under the Parks Victoria Act 2018.
Clause 251 amends the Transport Integration Act 2010 ("TI Act").
Clause 251(1) amends section 3 of the TI Act by substituting
the reference to the Parks Victoria Act 1998 with the Parks
Victoria Act 2018 in the definition of interface body.
Clause 251(2) amends section 3 of the TI Act by substituting
the reference to the Parks Victoria Act 1998 with the Parks
Victoria Act 2018 in the definition of interface legislation.
Clause 252 amends the Yarra River Protection (Wilip-gin Birrarung
murron) Act 2018 ("Yarra River Act").
Clause 252(1) and (2) amend section 3(1) of the Yarra River
Act by inserting definitions of accepted recommendation
(see clause 86) and land manager (see clause 103) and
substituting the references to the Parks Victoria Act 1998 in
the definitions of relevant plan entity and responsible public
entity.
Clause 252(3) to (8) amends section 45(2), (3) and (4) of
the Yarra River Act, which relate to matters with which a
Yarra Strategic Plan must not be inconsistent, by substituting
the references to the Secretary with Parks Victoria, inserting
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references to any land management plan under the Parks
Victoria Act 2018 in relation to Yarra River land under
the NP Act, CLR Act and Wildlife Act, and simplifying
the expressions relating to approved LCC and VEAC
recommendations by instead referring to accepted
recommendation.
Part 13--Repeal of Parts
Clause 253 provides for the repeal of Parts 5 to 13 on 1 November 2019.
The repeal of those Parts does not affect the continuing operation
of the amendments made by them (see section 15(1) of the
Interpretation of Legislation Act 1984).
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