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Parks and Crown Land Legislation Amendment
Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of the Conservation, Forests and Lands
Act 1987 4
3 Definitions 4
4 Advertisement of draft Code of Practice, variation or revocation 4
5 Repeal of sections 35 and 36 4
6 Substitution of section 37 5
7 New section 37A inserted 6
8 Substitution of section 38 7
Part 3--Amendment of the Crown Land (Reserves) Act 1978 8
9 Definitions 8
10 Castlemaine Diggings National Heritage Park 8
11 Woowookarung Regional Park 8
12 Otway Forest Park 8
Part 4--Amendment of the Environment Protection Act 1970 9
13 Definitions 9
Part 5--Amendment of the Interpretation of Legislation Act 1984 10
14 Definitions 10
Part 6--Amendment of the Mineral Resources (Sustainable
Development) Act 1990 11
15 New section 5ABA inserted 11
16 Land not available for exploration, mining and searching 11
17 Restricted Crown land 11
Part 7--Amendment of the National Parks Act 1975 12
18 Definitions 12
19 National Parks Advisory Council 12
20 Members of National Parks Advisory Council 12
i
Clause Page
21 Advisory committees 13
22 National parks and State parks 13
23 Order that land to be treated as a park for certain purposes 13
24 Protection of access rights of freeholders in relation to certain
parks 13
25 New section 32S inserted 13
26 Annual report 14
27 Consent to mining leases and licences 14
28 Regulations 14
29 Repeal of section 50L 15
30 New section 79 inserted 15
31 New clause 12 of Schedule One A inserted 15
32 Substitution of Part 7 of Schedule One AA 16
33 Budj Bim National Park 18
34 Croajingolong National Park 18
35 Great Otway National Park 18
36 Greater Bendigo National Park 19
37 Lower Goulburn National Park 19
38 Warrandyte State Park 19
39 Nooramunga Marine and Coastal Park 19
40 Castlemaine Diggings National Heritage Park 19
Part 8--Amendment of the Reference Areas Act 1978 21
41 Advisory committee 21
Part 9--Amendment of the Royal Botanic Gardens Act 1991 22
42 Definitions 22
43 Specific powers 22
44 Leases, licences and permits 22
45 Repeal of section 24A 22
46 Corporate planning documents of the Board 23
47 Appointment of Director 23
48 Repeal of sections 39, 40 and 41 24
49 Repeal of section 56 24
50 New section 60 inserted 24
51 Repeal of section 61 24
52 Members 25
53 Chairperson and Deputy Chairperson 25
54 Remuneration and allowances 25
Part 10--Amendment of the Victorian Environmental Assessment
Council Act 2001 26
55 Terms and conditions of office of members 26
Part 11--Amendment of the Zoological Parks and Gardens
Act 1995 27
56 Definitions 27
ii
Clause Page
57 Constitution and membership of Board 27
58 Corporate planning documents and financial matters 27
59 Corporate planning documents of the Board 28
60 Repeal of section 19 28
61 Leases licences and permits 29
62 Appointment of Chief Executive Officer 29
63 Repeal of sections 35 and 36 29
64 Repeal of sections 43, 47 and 49 29
65 New Division 2 of Part 5 inserted 29
66 Fees and allowances 30
Part 12--Consequential amendments of other Acts 31
67 Aboriginal Lands Act 1970 31
68 Alpine Resorts Act 1983 31
69 Alpine Resorts (Management) Act 1997 31
70 Casino Control Act 1991 31
71 Catchment and Land Protection Act 1994 31
72 Docklands Act 1991 31
73 EastLink Project Act 2004 32
74 Education and Training Reform Act 2006 32
75 Electoral Boundaries Commission Act 1982 32
76 Forests Act 1958 32
77 Heritage Rivers Act 1992 32
78 Kardinia Park Stadium Act 2016 32
79 Land Act 1958 32
80 Land Conservation (Vehicle Control) Act 1972 32
81 Libraries Act 1988 33
82 Major Sporting Events Act 2009 33
83 Major Transport Projects Facilitation Act 2009 33
84 Melbourne and Olympic Parks Act 1985 33
85 Melbourne City Link Act 1995 33
86 National Gallery of Victoria Act 1966 34
87 Parliamentary Precincts Act 2001 34
88 Planning and Environment Act 1987 34
89 Port Management Act 1995 34
90 Road Management Act 2004 34
91 Royal Agricultural Showgrounds Act 2003 35
92 Royal Children's Hospital (Land) Act 2007 35
93 Victorian Arts Centre Act 1979 35
94 Water Act 1989 35
Part 13--Repeal of amending Act 36
95 Repeal of amending Act 36
═══════════════
Endnotes 37
1 General information 37
iii
Parks and Crown Land Legislation
Amendment Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the National Parks Act 1975 to
provide for the addition of the Anglesea
Heath to the Great Otway National Park; and
(b) to make additions, excisions and corrections
to other parks and reserves; and
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 1--Preliminary
(c) to amend the names of the Canadian
Regional Park and the Mount Eccles
National Park; and
(d) to provide for a more efficient approach to
making, varying and revoking codes of
practice under the Conservation, Forests
and Lands Act 1987; and
(e) to simplify the process for appointing litter
enforcement officers for Crown land; and
(f) to amend the Interpretation of Legislation
Act 1984 to include a definition of Central
Plan Office so this term has the same
meaning across all Acts and subordinate
instruments; and
(g) to simplify corporate planning reporting
requirements for the Royal Botanic Gardens
Board and the Zoological Parks and Gardens
Board; and
(h) to remove the requirement for a government
representative to sit on the National Parks
Advisory Council, the Royal Botanic
Gardens Board and the Zoological Parks and
Gardens Board; and
(i) to confer on the Minister power to prescribe
sitting fees and allowances for the National
Parks Advisory Council, park advisory
committees and the Reference Areas
Advisory Committee; and
(j) to remove the prohibition on public sector
employees receiving any payments for their
services on the Victorian Environmental
Assessment Council and the Zoological
Parks and Gardens Board; and
(k) to provide for the Royal Botanic Gardens
Board and the Zoological Parks and Gardens
Board to be responsible for the appointment
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 1--Preliminary
and remuneration of their chief executive
officers; and
(l) to expand the functions of the Royal Botanic
Gardens Board in relation to plant sales; and
(m) to confer on the Minister power to approve
a lease or licence proposed to be granted by
the Royal Botanic Gardens Board or the
Zoological Parks and Gardens Board; and
(n) to make other minor and technical
amendments to various Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 May 2018, it comes into
operation on that day.
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 2--Amendment of the Conservation, Forests and Lands Act 1987
Part 2--Amendment of the Conservation,
Forests and Lands Act 1987
3 Definitions
In section 3(1) of the Conservation, Forests and
Lands Act 1987, the definition of Central Plan
Office is repealed.
4 Advertisement of draft Code of Practice, variation
or revocation
(1) In section 33(1) of the Conservation, Forests
and Lands Act 1987, for "The Minister"
substitute "Subject to subsection (1A), the
Minister".
(2) After section 33(1) of the Conservation, Forests
and Lands Act 1987 insert--
"(1A) The Minister is not required to give notice
under subsection (1) if satisfied that the
draft Code of Practice or proposed variation
of a Code of Practice is of a fundamentally
declaratory or machinery nature.".
(3) In section 33(3)(b) of the Conservation, Forests
and Lands Act 1987, for "60 days of the
publication of the notice" substitute "within such
time (being not less than 28 days from the
publication of the notice) as is specified in the
notice".
5 Repeal of sections 35 and 36
Sections 35 and 36 of the Conservation, Forests
and Lands Act 1987 are repealed.
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No. of 2017
Part 2--Amendment of the Conservation, Forests and Lands Act 1987
6 Substitution of section 37
For section 37 of the Conservation, Forests and
Lands Act 1987 substitute--
"37 Making and publication of Codes of
Practice, variations and revocations
(1) After considering any submissions made
in relation to a draft Code of Practice, or
proposed variation or revocation of a Code
of Practice, the Minister may make the Code
of Practice, variation or revocation.
(2) Subject to subsection (3), after the making of
a Code of Practice or variation of a Code of
Practice, the Minister must ensure that the
Code of Practice or variation is published in
full--
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
the making of the Code of Practice or
variation.
(3) If a Code of Practice or variation of a Code
of Practice is unsuitable to be published in
full, notice of the making of the Code of
Practice or variation and where it is available
must be published--
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
the making of the Code of Practice or
variation.
(4) After the making of a revocation of a Code
of Practice, the Minister must ensure that the
revocation is published--
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Parks and Crown Land Legislation Amendment Act 2017
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Part 2--Amendment of the Conservation, Forests and Lands Act 1987
(a) in the next general edition of the
Government Gazette; or
(b) in a special edition of the Government
Gazette within 10 working days after
the making of the revocation.
(5) A Code of Practice or variation or revocation
of a Code of Practice takes effect on--
(a) the date on which the Code of
Practice or variation is published
in the Government Gazette under
subsection (2); or
(b) the date on which notice of the
Code of Practice or variation is
published in the Government
Gazette under subsection (3); or
(c) the date on which the revocation is
published in the Government Gazette
under subsection (4); or
(d) a later date specified in the Code
of Practice, variation, notice or
revocation, as the case requires.".
7 New section 37A inserted
After section 37 of the Conservation, Forests
and Lands Act 1987 insert--
"37A Tabling and disallowance
(1) The Minister must ensure that a Code of
Practice or variation or revocation of a Code
of Practice is tabled in each House of the
Parliament on or before the sixth sitting
day after--
(a) the date on which the Code of
Practice or variation is published
in the Government Gazette under
section 37(2); or
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Part 2--Amendment of the Conservation, Forests and Lands Act 1987
(b) the date on which notice of the Code
of Practice or variation is published
in the Government Gazette under
section 37(3); or
(c) the date on which the revocation is
published in the Government Gazette
under section 37(4).
(2) A Code of Practice or variation or revocation
of a Code of Practice may be disallowed by
the Parliament.
(3) Sections 25C, 25D and 25E of the
Subordinate Legislation Act 1994
apply to a Code of Practice or variation
or revocation of a Code of Practice that
is not a legislative instrument within
the meaning of that Act, as if the Code
of Practice, variation or revocation were
a legislative instrument to which those
sections apply.".
8 Substitution of section 38
For section 38 of the Conservation, Forests and
Lands Act 1987 substitute--
"38 Availability of Code of Practice
A Code of Practice and any documents
incorporated in a Code of Practice--
(a) must be kept available for public
inspection at--
(i) the principal office of the
Department; and
(ii) major regional offices of the
Department; and
(b) must be published on the Internet
site of the Department.".
7
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 3--Amendment of the Crown Land (Reserves) Act 1978
Part 3--Amendment of the Crown
Land (Reserves) Act 1978
9 Definitions
In section 3 of the Crown Land (Reserves)
Act 1978, the definition of Central Plan Office
is repealed.
10 Castlemaine Diggings National Heritage Park
In Division 1 of Part 2 of the Fifth Schedule to the
Crown Land (Reserves) Act 1978--
(a) for "7585" substitute "7590";
(b) for "N.P. 109A/4" substitute "N.P. 109A/5".
11 Woowookarung Regional Park
(1) In the heading to Division 6 of Part 4A of the
Fifth Schedule to the Crown Land (Reserves)
Act 1978, for "Canadian" substitute
"Woowookarung".
(2) In Division 6 of Part 4A of the Fifth Schedule to
the Crown Land (Reserves) Act 1978--
(a) omit "or coloured yellow";
(b) for "LEGL./15-227" substitute
"LEGL./17-345".
12 Otway Forest Park
In Division 1 of Part 7 of the Fifth Schedule to
the Crown Land (Reserves) Act 1978, for
"LEGL./14-060" substitute "LEGL./17-344".
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Parks and Crown Land Legislation Amendment Act 2017
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Part 4--Amendment of the Environment Protection Act 1970
Part 4--Amendment of the Environment
Protection Act 1970
13 Definitions
(1) In section 4(1) of the Environment Protection
Act 1970, in the definition of litter authority, after
paragraph (f) insert--
"(g) the Secretary, being the body corporate
established by Part 2 of the Conservation,
Forests and Lands Act 1987;".
(2) In section 4(1) of the Environment Protection
Act 1970, in the definition of litter enforcement
officer, after paragraph (f) insert--
"(g) a person appointed by the Secretary, being
the body corporate established by Part 2
of the Conservation, Forests and Lands
Act 1987, as a litter enforcement officer in
respect of any land managed under a relevant
law within the meaning of that Act;".
9
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 5--Amendment of the Interpretation of Legislation Act 1984
Part 5--Amendment of the Interpretation
of Legislation Act 1984
14 Definitions
In section 38 of the Interpretation of Legislation
Act 1984 insert the following definition--
"Central Plan Office means the Central Plan
Office maintained under section 4 of the
Survey Co-ordination Act 1958;".
10
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 6--Amendment of the Mineral Resources (Sustainable Development)
Act 1990
Part 6--Amendment of the
Mineral Resources (Sustainable
Development) Act 1990
15 New section 5ABA inserted
After section 5AB of the Mineral Resources
(Sustainable Development) Act 1990 insert--
"5ABA Leased area
(1) To avoid doubt, in this Act and in any
other Act, the land within the meaning
of the definition of leased area in
the Agreement set out in the Mines
(Aluminium Agreement) Act 1961
does not include any land that Alcoa of
Australia Limited ACN 004 879 298 has
surrendered its rights to under clause 10(8)
of that Agreement.
(2) In this section--
Agreement has the same meaning as
The Agreement has in section 2(a) of
the Mines (Aluminium Agreement)
Act 1961.".
16 Land not available for exploration, mining and
searching
In section 6(3) of the Mineral Resources
(Sustainable Development) Act 1990, for
"N.P. 105B/2" substitute "N.P. 105B/3".
17 Restricted Crown land
In clause 6 of Schedule 3 to the Mineral
Resources (Sustainable Development) Act 1990
omit "of the Department of Transport, Planning
and Local Infrastructure".
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 7--Amendment of the National Parks Act 1975
Part 7--Amendment of the National
Parks Act 1975
18 Definitions
In section 3(1) of the National Parks Act 1975,
the definition of Central Plan Office is repealed.
19 National Parks Advisory Council
For section 10(1) of the National Parks Act 1975
substitute--
"(1) For the purposes of this Act, there is a
National Parks Advisory Council consisting
of 8 members appointed by the Governor in
Council of whom--
(a) 2 must be persons with skills or
experience relating to the preservation
and the protection of parks; and
(b) one must be a person who is a professor
or teacher of ecology, biology or earth
science at a university in Victoria; and
(c) one must be a person with experience
in local government who resides in a
municipality in which there is a park;
and
(d) 4 must be persons (at least 2 of whom
reside outside the metropolitan area)
with experience in matters affecting the
interests of the community.".
20 Members of National Parks Advisory Council
(1) For section 13(4) of the National Parks Act 1975
substitute--
"(4) A member of the Council is entitled to
receive the fees and travelling and other
allowances from time to time fixed in writing
by the Minister in respect of that member.".
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 7--Amendment of the National Parks Act 1975
(2) Section 13(5A) of the National Parks Act 1975 is
repealed.
21 Advisory committees
For section 14(5) of the National Parks Act 1975
substitute--
"(5) A member of a committee is entitled to
receive the travelling and other allowances
from time to time fixed in writing by the
Minister in respect of that member.".
22 National parks and State parks
Section 17(2A) and (2B) of the National Parks
Act 1975 are repealed.
23 Order that land to be treated as a park for certain
purposes
(1) In section 19F(3)(a) of the National Parks
Act 1975, after "Schedule Four" insert
"or elsewhere in the Act".
(2) In section 19F(3)(b) of the National Parks
Act 1975, after "Schedule Four" insert
"or elsewhere in the Act".
24 Protection of access rights of freeholders in relation
to certain parks
In section 30I(4)(c) of the National Parks
Act 1975, before "Part 8" insert "Part 5 or".
25 New section 32S inserted
After section 32R of the National Parks
Act 1975 insert--
"32S Rehabilitation works--Great Otway
National Park
(1) The Secretary may authorise Alcoa of
Australia Limited ACN 004 879 298 to
carry out works on the relevant land that
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 7--Amendment of the National Parks Act 1975
are associated with the rehabilitation of the
Anglesea coal mine and associated works.
(2) An authorisation under subsection (1) must
be in writing.
(3) In this section--
relevant land means the land delineated
and shown cross-hatched on the plan
lodged in the Central Plan Office and
numbered N.P. 111E/4 and that is part
of the park described in Part 31 of
Schedule Two.".
26 Annual report
After section 35(1) of the National Parks
Act 1975 insert--
"(1A) If a national park or State park is created in
the financial year preceding the year referred
to in subsection (1), the annual report must
include a summary of the actions taken to
establish the park in the 12 months after the
creation of the park.".
27 Consent to mining leases and licences
In section 40(1C) of the National Parks
Act 1975, for "N.P. 105B/2" substitute
"N.P. 105B/3".
28 Regulations
In section 48(1) of the National Parks
Act 1975--
(a) in paragraph (d) omit "and prescribing
travelling and other allowances to be paid
to members of the Council other than the
Director";
(b) in paragraph (e) omit "and prescribing
travelling allowances to be paid to members
of committees".
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Parks and Crown Land Legislation Amendment Act 2017
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Part 7--Amendment of the National Parks Act 1975
29 Repeal of section 50L
Section 50L of the National Parks Act 1975 is
repealed.
30 New section 79 inserted
After section 78 of the National Parks Act 1975
insert--
"79 Land to become part of park on surrender
of rights to Crown--Parks and Crown
Land Legislation Amendment Act 2017
If any rights over the land held under the
Mines (Aluminium Agreement) Act 1961
and shown delineated and coloured blue
on the plan lodged in the Central Plan
Office and numbered N.P. 111E/4 are
not surrendered to the Crown before the
commencement of Part 7 of the Parks and
Crown Land Legislation Amendment
Act 2017, that land is taken to be excluded
from the park described in Part 31 of
Schedule Two until those rights are
surrendered to the Crown.".
31 New clause 12 of Schedule One A inserted
After clause 11 of Schedule One A to the
National Parks Act 1975 insert--
"12 Native title not affected by the Parks and
Crown Land Legislation Amendment
Act 2017
(1) The amendments made to this Act by the
Parks and Crown Land Legislation
Amendment Act 2017 are not intended to
affect native title rights and interests.
(2) Subclause (1) does not apply in any case
where native title rights and interests are
affected or are authorised to be affected by
15
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 7--Amendment of the National Parks Act 1975
or under the Native Title Act 1993 of the
Commonwealth.".
32 Substitution of Part 7 of Schedule One AA
For Part 7 of Schedule One AA to the National
Parks Act 1975 substitute--
"Part 7--Parks and Crown Land
Legislation Amendment Act 2017
27 Definitions
In this Part--
2017 Act means the Parks and Crown
Land Legislation Amendment
Act 2017;
2017 Act park commencement, in relation
to an area of land described in a Part in
a Schedule to this Act, the description
of which is inserted or amended by a
provision of the 2017 Act, means the
commencement of the provision of the
2017 Act that so inserts or amends the
description;
commencement day means the day on which
section 19 of the 2017 Act comes into
operation.
28 National Parks Advisory Council
Despite the substitution of section 10(1) of
this Act by section 19 of the 2017 Act--
(a) the National Parks Advisory Council
established immediately before the
commencement day is taken to be the
National Parks Advisory Council
established under this Act; and
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Parks and Crown Land Legislation Amendment Act 2017
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Part 7--Amendment of the National Parks Act 1975
(b) a person appointed as a member of the
National Parks Advisory Council
whose appointment is in effect
immediately before the commencement
day is taken to be appointed as a
member of the National Parks Advisory
Council under this Act.
29 Rights to cease--roads--Great Otway
National Park and adjoining land
On the 2017 Act park commencement,
for the land shown on the plan lodged in
the Central Plan Office and numbered
N.P. 111E/4--
(a) the land delineated and coloured yellow
or brown on the plan ceases to be a
road or part of a road or road reserve;
and
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow or
brown on the plan, cease.
30 Rights to cease--roads--Greater Bendigo
National Park
On the 2017 Act park commencement,
for the land shown on the plan lodged
in the Central Plan Office numbered
N.P. 105B/3--
(a) the land delineated and coloured yellow
on the plan ceases to be a road or part
of a road or road reserve; and
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Parks and Crown Land Legislation Amendment Act 2017
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Part 7--Amendment of the National Parks Act 1975
(b) all rights, easements and privileges
existing or claimed either by the public
or any body or person, as incident to
the express or implied grant or past
dedication or supposed dedication or
any past user or operation of law or
otherwise, in relation to the land
delineated and coloured yellow on
the plan, cease.".
33 Budj Bim National Park
(1) In the heading to Part 18 of Schedule Two to the
National Parks Act 1975, for "Mount Eccles"
substitute "Budj Bim".
(2) In Part 18 of Schedule Two to the National Parks
Act 1975--
(a) omit "or coloured yellow";
(b) for "N.P. 13/3" substitute "N.P. 13/4".
34 Croajingolong National Park
In Part 28 of Schedule Two to the National Parks
Act 1975--
(a) for "88 500 hectares" substitute "88 525
hectares";
(b) for "N.P. 30/8" substitute "N.P. 30/9".
35 Great Otway National Park
In Part 31 of Schedule Two to the National Parks
Act 1975--
(a) for "104 015 hectares" substitute
"110 420 hectares";
(b) after "coloured pink" insert "or coloured
yellow or coloured blue";
(c) for "N.P. 111E/3" substitute "N.P. 111E/4".
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Parks and Crown Land Legislation Amendment Act 2017
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Part 7--Amendment of the National Parks Act 1975
36 Greater Bendigo National Park
In Part 41 of Schedule Two to the National
Parks Act 1975, for "N.P. 105B/2" substitute
"N.P. 105B/3".
37 Lower Goulburn National Park
In Part 48 of Schedule Two to the National
Parks Act 1975, for "N.P. 115/1" substitute
"N.P. 115/2".
38 Warrandyte State Park
In Part 31 of Schedule Two B to the National
Parks Act 1975--
(a) for "693 hectares" substitute "689 hectares";
(b) omit "or coloured yellow"';
(c) for "N.P. 21/8" substitute "N.P. 21/9".
39 Nooramunga Marine and Coastal Park
In Part 5 of Schedule Four to the National Parks
Act 1975--
(a) for "33(3)" substitute "27C to 27L
inclusive, 30I, 33";
(b) for "48 inclusive" substitute
"48AA inclusive".
40 Castlemaine Diggings National Heritage Park
(1) In Part 8 of Schedule Four to the National Parks
Act 1975--
(a) after "4(b) and (c)," insert "4A, 4B, 4C,";
(b) after "19F," insert "19G,";
(c) after "27," insert "27C to 27L
inclusive, 30I,";
(d) after "44," insert "44A,";
(e) for "and 48" substitute ", 48 and 48AA".
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Parks and Crown Land Legislation Amendment Act 2017
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Part 7--Amendment of the National Parks Act 1975
(2) In the Note to Part 8 of Schedule Four to the
National Parks Act 1975--
(a) for "7585 hectares" substitute
"7590 hectares";
(b) for "N.P. 109A/4" substitute "N.P. 109A/5".
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 8--Amendment of the Reference Areas Act 1978
Part 8--Amendment of the Reference
Areas Act 1978
41 Advisory committee
For section 5(10) of the References Areas
Act 1978 substitute--
"(10) A member of the committee, or a person
who is co-opted to assist a sub-committee,
is entitled to receive the fees and travelling
and other allowances from time to time fixed
in writing by the Minister in respect of that
member or person.".
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Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 9--Amendment of the Royal Botanic Gardens Act 1991
Part 9--Amendment of the Royal
Botanic Gardens Act 1991
42 Definitions
In section 3(1) of the Royal Botanic Gardens
Act 1991 insert the following definition--
"corporate planning document means--
(a) a statement of corporate intent; or
(b) a corporate plan; or
(c) a business plan;".
43 Specific powers
In section 14(m) of the Royal Botanic Gardens
Act 1991, for "but, subject to section 24A, not"
substitute ", including".
44 Leases, licences and permits
(1) In section 24(2)(a) of the Royal Botanic Gardens
Act 1991, for "Governor in Council, grant leases,
each if" substitute "Minister, grant leases, each
of".
(2) In section 24(2)(b) of the Royal Botanic Gardens
Act 1991, for "Governor in Council" substitute
"Minister,".
45 Repeal of section 24A
Section 24A of the Royal Botanic Gardens
Act 1991 is repealed.
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Parks and Crown Land Legislation Amendment Act 2017
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Part 9--Amendment of the Royal Botanic Gardens Act 1991
46 Corporate planning documents of the Board
For section 35 of the Royal Botanic Gardens
Act 1991 substitute--
"35 Corporate planning documents of the
Board
(1) The Minister, in writing, may request the
Board to prepare a corporate planning
document to provide to the Minister.
(2) The Board must prepare a corporate planning
document if requested by the Minister.
(3) A request under subsection (1) must--
(a) specify the date by which the corporate
planning document must be provided to
the Minister; and
(b) specify the information to be included
in the corporate planning document and
the form in which the information must
be provided.
(4) A corporate planning document may be
amended at any time by the Board with the
approval of the Minister.
(5) The Minister, in writing, may direct the
Board to amend a corporate planning
document at any time by including or
omitting any specified information.
(6) The Board must comply with a direction
under subsection (5).".
47 Appointment of Director
For section 38 of the Royal Botanic Gardens
Act 1991 substitute--
"38 Appointment of Director
(1) The Board, by instrument, may appoint a
Director, Royal Botanic Gardens.
23
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 9--Amendment of the Royal Botanic Gardens Act 1991
(2) The Director holds office for a term specified
in the instrument of appointment.".
48 Repeal of sections 39, 40 and 41
Sections 39, 40 and 41 of the Royal Botanic
Gardens Act 1991 are repealed.
49 Repeal of section 56
Section 56 of the Royal Botanic Gardens
Act 1991 is repealed.
50 New section 60 inserted
After section 59 of the Royal Botanic Gardens
Act 1991 insert--
"60 Transitional provisions--Parks and
Crown Land Legislation Amendment
Act 2017
(1) On the commencement day, a corporate plan
of a Board prepared under section 35 as in
force immediately before that day is taken to
be a corporate planning document prepared
under section 35.
(2) On the commencement day, an appointment
to the Board made under clause 1(2)(a) of
Schedule 2 as in force immediately before
that day is terminated and the person
appointed to the Board under that clause
goes out of office.
(3) In this section--
commencement day means the day on which
Part 9 of the Parks and Crown Land
Legislation Amendment Act 2017
comes into operation.".
51 Repeal of section 61
Section 61 of the Royal Botanic Gardens
Act 1991 is repealed.
24
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 9--Amendment of the Royal Botanic Gardens Act 1991
52 Members
For clause 1(2) of Schedule 2 to the Royal
Botanic Gardens Act 1991 substitute--
"(2) The members of the Board must be
people who, in the Minister's opinion,
have knowledge or expertise in one or
more of the following fields--
(a) botany or horticulture;
(b) business management, financial
management or public administration;
(c) recreation provision, education or
tourism;
(d) nature conservation.".
53 Chairperson and Deputy Chairperson
In clause 3(1) of Schedule 2 to the Royal Botanic
Gardens Act 1991 omit "appointed under
clause 1(2)(b),".
54 Remuneration and allowances
Clause 9(2) of Schedule 2 to the Royal Botanic
Gardens Act 1991 is repealed.
25
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 10--Amendment of the Victorian Environmental Assessment Council
Act 2001
Part 10--Amendment of the
Victorian Environmental Assessment
Council Act 2001
55 Terms and conditions of office of members
In section 9(6) of the Victorian Environmental
Assessment Council Act 2001 omit "who is not
an employee in the public service".
26
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 11--Amendment of the Zoological Parks and Gardens Act 1995
Part 11--Amendment of the Zoological
Parks and Gardens Act 1995
56 Definitions
In section 3 of the Zoological Parks and
Gardens Act 1995 insert the following
definition--
"corporate planning document means--
(a) a statement of corporate intent; or
(b) a corporate plan; or
(c) a business plan;".
57 Constitution and membership of Board
For section 9(2) of the Zoological Parks and
Gardens Act 1995 substitute--
"(2) The persons appointed to the Board are to be
persons who, in the opinion of the Minister,
have expertise in one or more of the
following areas--
(a) zoology or veterinary science;
(b) business management, financial
management or public administration;
(c) education, tourism or recreation;
(d) nature conservation or animal research;
(e) architecture or engineering.".
58 Corporate planning documents and financial
matters
For the heading to Division 2 of Part 2 of the
Zoological Parks and Gardens Act 1995
substitute--
"Division 2--Corporate planning
documents and financial matters".
27
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 11--Amendment of the Zoological Parks and Gardens Act 1995
59 Corporate planning documents of the Board
For section 18 of the Zoological Parks and
Gardens Act 1995 substitute--
"18 Corporate planning documents of the
Board
(1) The Minister, in writing, may request the
Board to prepare a corporate planning
document to provide to the Minister.
(2) The Board must prepare a corporate planning
document if requested by the Minister.
(3) A request under subsection (1) must--
(a) specify the date by which the corporate
planning document must be provided to
the Minister; and
(b) specify the information to be included
in the corporate planning document and
the form in which the information must
be provided.
(4) A corporate planning document may be
amended at any time by the Board with the
approval of the Minister.
(5) The Minister, in writing, may direct the
Board to amend a corporate planning
document at any time by including or
omitting any specified information.
(6) The Board must comply with a direction
under subsection (5).".
60 Repeal of section 19
Section 19 of the Zoological Parks and Gardens
Act 1995 is repealed.
28
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 11--Amendment of the Zoological Parks and Gardens Act 1995
61 Leases licences and permits
(1) In section 33(2)(a) of the Zoological Parks and
Gardens Act 1995, for "Governor in Council"
substitute "Minister".
(2) In section 33(2)(b) of the Zoological Parks and
Gardens Act 1995, for "Governor in Council"
substitute "Minister".
62 Appointment of Chief Executive Officer
In section 34 of the Zoological Parks and
Gardens Act 1995, for "After consultation with
the Board, the Minister," substitute "The Board".
63 Repeal of sections 35 and 36
Sections 35 and 36 of the Zoological Parks and
Gardens Act 1995 are repealed.
64 Repeal of sections 43, 47 and 49
Sections 43, 47 and 49 of the Zoological Parks
and Gardens Act 1995 are repealed.
65 New Division 2 of Part 5 inserted
After Division 1 of Part 5 of the Zoological Parks
and Gardens Act 1995 insert--
"Division 2--Parks and Crown Land
Legislation Amendment Act 2017
50 Definition
In this Division--
commencement day means the day on which
Part 11 of the Parks and Crown Land
Legislation Amendment Act 2017
comes into operation.
29
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 11--Amendment of the Zoological Parks and Gardens Act 1995
51 Constitution and membership of the
Board
On the commencement day, an appointment
to the Board made under section 9(2)(a) as
in force immediately before that day is
terminated and the person appointed to the
Board under that section goes out of office.
52 Corporate planning documents of the
Board
On the commencement day, a corporate plan
of the Board prepared under section 18 as in
force immediately before that day is taken to
be a corporate planning document prepared
under section 18.".
66 Fees and allowances
In clause 7 of Schedule 2 to the Zoological Parks
and Gardens Act 1995 omit ", other than a
member who is an officer or employee of the
public service,".
30
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 12--Consequential amendments of other Acts
Part 12--Consequential amendments
of other Acts
67 Aboriginal Lands Act 1970
In section 24B(1) of the Aboriginal Lands
Act 1970 omit "of the Department of
Sustainability and Environment".
68 Alpine Resorts Act 1983
(1) In section 2 of the Alpine Resorts Act 1983, the
definition of Central Plan Office is repealed.
(2) In section 22 of the Alpine Resorts Act 1983
omit "maintained under section 4 of the Survey
Co-ordination Act 1958".
69 Alpine Resorts (Management) Act 1997
In section 3 of the Alpine Resorts (Management)
Act 1997, the definition of Central Plan Office is
repealed.
70 Casino Control Act 1991
(1) In section 3(1) of the Casino Control Act 1991,
in the definition of casino complex, omit "of the
Department of Sustainability and Environment".
(2) In section 74(1A) of the Casino Control
Act 1991 omit "of the Department of
Sustainability and Environment".
71 Catchment and Land Protection Act 1994
In section 95A(2) of the Catchment and Land
Protection Act 1994 omit "of the Department".
72 Docklands Act 1991
In section 66(1)(b) of the Docklands Act 1991
omit "of the Department of Sustainability and
Environment".
31
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 12--Consequential amendments of other Acts
73 EastLink Project Act 2004
In section 3(1) of the EastLink Project Act 2004,
the definition of Central Plan Office is repealed.
74 Education and Training Reform Act 2006
In section 5.7A.2 of the Education and Training
Reform Act 2006, the definition of Central Plan
Office is repealed.
75 Electoral Boundaries Commission Act 1982
In section 12(1)(a) of the Electoral Boundaries
Commission Act 1982 omit "of the Department
of Sustainability and Environment".
76 Forests Act 1958
In section 3(1) of the Forests Act 1958, the
definition of Central Plan Office is repealed.
77 Heritage Rivers Act 1992
In section 3(1) of the Heritage Rivers Act 1992,
the definition of Central Plan Office is repealed.
78 Kardinia Park Stadium Act 2016
In section 3 of the Kardinia Park Stadium
Act 2016, the definition of Central Plan Office
is repealed.
79 Land Act 1958
In section 2A of the Land Act 1958, the
definition of Central Plan Office is repealed.
80 Land Conservation (Vehicle Control) Act 1972
In section 5(3) of the Land Conservation
(Vehicle Control) Act 1972 omit "maintained
under section 4 of the Survey Co-ordination
Act 1958".
32
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 12--Consequential amendments of other Acts
81 Libraries Act 1988
In section 3(4) of the Libraries Act 1988
omit "of the Department of Sustainability
and Environment".
82 Major Sporting Events Act 2009
(1) In section 3(1) of the Major Sporting Events
Act 2009, in the definition of Docklands Stadium
concourse, in paragraph (a) omit "maintained
under the Survey Co-ordination Act 1958".
(2) In section 3(1) of the Major Sporting
Events Act 2009, in the definition of
Lakeside Stadium, omit "maintained under
the Survey Co-ordination Act 1958".
(3) In section 3(4) of the Major Sporting Events
Act 2009 omit "maintained under the Survey
Co-ordination Act 1958".
(4) In section 21 of the Major Sporting Events
Act 2009 omit "maintained under the Survey
Co-ordination Act 1958".
83 Major Transport Projects Facilitation Act 2009
In section 3 of the Major Transport Projects
Facilitation Act 2009, the definition of Central
Plan Office is repealed.
84 Melbourne and Olympic Parks Act 1985
In section 4 of the Melbourne and Olympic
Parks Act 1985, the definition of Central Plan
Office is repealed.
85 Melbourne City Link Act 1995
In section 3 of the Melbourne City Link
Act 1995, the definition of Central Plan Office
is repealed.
33
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 12--Consequential amendments of other Acts
86 National Gallery of Victoria Act 1966
(1) In section 4(1) of the National Gallery of
Victoria Act 1966, in the definition of National
Gallery land, omit "in the Department of Natural
Resources and Environment".
(2) In section 4(4) of the National Gallery of
Victoria Act 1966 omit "of the Department of
Sustainability and Environment".
87 Parliamentary Precincts Act 2001
In section 3 of the Parliamentary Precincts
Act 2001, in the definition of Parliamentary
reserve, in paragraph (a) omit "of the Department
of Natural Resources and Environment".
88 Planning and Environment Act 1987
(1) In section 3(1) of the Planning and Environment
Act 1987, in the definition of Port of Melbourne
Area, in paragraph (a) omit "established under the
Survey Co-ordination Act 1958".
(2) In section 46ZB(1) of the Planning and
Environment Act 1987 omit "of the Department
of Transport, Planning and Local Infrastructure".
(3) In section 201R of the Planning and
Environment Act 1987, the definition
of Central Plan Office is repealed.
89 Port Management Act 1995
In section 3(1) of the Port Management
Act 1995, the definition of Central Plan
Office is repealed.
90 Road Management Act 2004
In clause 1 of Schedule 5A to the Road
Management Act 2004, the definition of
Central Plan Office is repealed.
34
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 12--Consequential amendments of other Acts
91 Royal Agricultural Showgrounds Act 2003
In section 3 of the Royal Agricultural
Showgrounds Act 2003, in the definition of
plan numbered LEGL./02-062, omit "of the
Department of Sustainability and Environment".
92 Royal Children's Hospital (Land) Act 2007
In section 10(5)(b) of the Royal Children's
Hospital (Land) Act 2007 omit "in the
Department of Sustainability and Environment".
93 Victorian Arts Centre Act 1979
(1) In section 3 of the Victorian Arts Centre
Act 1979, in the definition of Centre, omit
"in the Department of Natural Resources and
Environment".
(2) In section 20 of the Victorian Arts Centre
Act 1979, in the definition of lodged plan, omit
"in the Department of Natural Resources and
Environment".
94 Water Act 1989
In section 3(1) of the Water Act 1989, the
definition of central plan office is repealed.
35
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Part 13--Repeal of amending Act
Part 13--Repeal of amending Act
95 Repeal of amending Act
This Act is repealed on 1 May 2019.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
36
Parks and Crown Land Legislation Amendment Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Conservation, Forests and Lands Act 1987, the Crown Land
(Reserves) Act 1978, the Environment Protection Act 1970, the
Interpretation of Legislation Act 1984, the Mineral Resources
(Sustainable Development) Act 1990, the National Parks Act 1975, the
Reference Areas Act 1978, the Royal Botanic Gardens Act 1991, the
Victorian Environmental Assessment Council Act 2001 and the
Zoological Parks and Gardens Act 1995 to provide for the addition of
the Anglesea Heath to the Great Otway National Park and to improve the
administration of Crown land and for other purposes."
By Authority. Government Printer for the State of Victoria.
37
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