Victorian Numbered Acts Victorian Numbered ActsAfter Part II of the Wildlife Act 1975 insert —
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(1) A person must not conduct an organised tour or recreational activity for profit on a State Wildlife Reserve unless that person holds a tour operator licence.
Penalty: In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2) Subsection (1) does not apply to a person who conducts an activity on a State Wildlife Reserve and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
(1) The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit on a State Wildlife Reserve to a person who has applied under section 21C.
(2) The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years.
(1) A person may apply for a tour operator licence to the Secretary in respect of the land on which the proposed tour or recreational activity is to take place.
(2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.
(1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
A licence granted under section 21B is subject to—
(a) any conditions, determined by the Secretary, that are specified or referred to in the licence; and
(b) any prescribed conditions.
A holder of a tour operator licence must not contravene the conditions of the licence.
Penalty: In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(1) The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence.
(2) On receiving the application under subsection
(1), the Secretary may vary the licence or condition in accordance with the
application.
s. 42
(3) A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder.
(4) The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required.
(5) A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder.
(1) If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence.
(2) A suspension under this section has effect—
(a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b) subject to section 21I, for the period (not exceeding 90 days) specified in the notice.
(3) In addition to the details required under
subsection (2), a notice of suspension of licence given under subsection (1)
must—
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(a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;
(b) specify a date or period by which the submissions must be made.
(1) The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence.
(2) The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3) In carrying out a review under subsection (2), the Secretary—
(a) must have regard to the submissions made under subsection (1); and
(b) may decide to continue, revoke or amend the suspension.
(4) The Secretary must notify the person whose licence has been suspended of the outcome of review.
(1) The Secretary may cancel a tour operator licence if the Secretary is satisfied, on reasonable grounds, that—
(a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b) the holder of the licence has contravened a condition of the licence.
(2) Before cancelling a tour operator licence, the Secretary must—
(a) notify the holder of the licence that he or she proposes to cancel the licence; and
(b) allow the holder of the licence an opportunity to make either oral or written submissions.
(3) Submissions under subsection (2) must be made within the period specified in the notice.
(4) In making a decision as to whether or not to cancel a tour operator licence, the Secretary must—
(a) have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b) must notify the holder of the Secretary's decision.
(5) The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.".