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ENVIRONMENT AND WATER LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2005

           Environment and Water Legislation
            (Miscellaneous Amendments) Bill

                         Introduction Print

               EXPLANATORY MEMORANDUM


                               Clause Notes

                      PART 1--PRELIMINARY
Clause 1    sets out the main purpose of the Bill which is to make
            miscellaneous amendments to the Sustainable Forests (Timber)
            Act 2004, the Safety on Public Land Act 2004, the Victorian
            Conservation Trust Act 1972, the Water Act 1989 and the
            Melbourne and Metropolitan Board of Works Act 1958.

Clause 2    provides for commencement of the Bill on the day after the day
            on which it receives the Royal Assent.

   PART 2--SUSTAINABLE FORESTS (TIMBER) ACT 2004
Clause 3    substitutes a new section 20(3) into the Sustainable Forests
            (Timber) Act 2004. The new provision provides that any
            variation or amendment to an allocation order, as a result of a
            review referred to in section 18(1) or (2)(c), which reduces the
            timber resources allocated to VicForests, must provide for the
            reduction to be implemented in the manner set out in sub-section
            20(3)(a) or (b). Paragraph (a) provides for the Minister and
            VicForests to agree to a period (not exceeding 10 years) over
            which the reduction is to be implemented. Paragraph (b)
            provides that if there is no agreement between VicForests and the
            Minister under paragraph (a), then the implementation of the
            reduction must occur at the expiry of 10 years after the date that
            the order amending or varying the allocation order takes effect.




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551326                                       BILL LA INTRODUCTION 19/5/2005

 


 

Clause 4 substitutes a new section 74 into the Sustainable Forests (Timber) Act 2004. Sub-section (1) enables an authorised officer to issue a written notice indicating that he or she is satisfied that a damage, risk, matter or activity which was the subject of a suspension notice has been remedied. The notice must be issued to the holder of the timber harvesting operator's licence to whom the suspension notice was issued or the person who has, or may reasonably be presumed to have, control over the timber harvesting operation in the State forest in respect of which the suspension notice was issued. Sub-section (2) provides that a suspension notice expires on notification being issued under sub-section (1). PART 3--SAFETY ON PUBLIC LAND ACT 2004 Clause 5 inserts a new sub-section 4(3) into the Safety on Public Land Act 2004. The new provision provides that a public safety zone declaration may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person. Clause 6 substitutes new sub-sections (1), (1A), (1B), and (1C) for sub- section (1) of section 7 of the Safety on Public Land Act 2004. Sub-section 7(1) provides that a public safety zone declaration must be published in the Government Gazette. Sub-section (1A) provides that the Secretary must cause notice of the making of a declaration to be published in a newspaper circulating generally in the State and in any newspaper circulating generally in the area affected by the declaration. Sub-section (1B) provides that the notice must include details of where the declaration may be inspected. Sub-section (1C) provides that the declaration must be available for inspection by the public at the Department of Sustainability and Environment and any regional office of the Department of Sustainability and Environment in the area affected by the declaration, and on the Internet. Clause 7 inserts a new paragraph (c) into section 24(2) of the Safety on Public Land Act 2004. Sub-section (2)(c) provides that regulations made under the Safety on Public Land Act 2004 may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person. 2

 


 

PART 4--VICTORIAN CONSERVATION TRUST ACT 1972 Clause 8 inserts a new section 1A into the Victorian Conservation Trust Act 1972 which provides definitions of "Trust" and "trustee". Clause 9 inserts a new section 3B into the Victorian Conservation Trust Act 1972 which provides the Minister with power to make an order remitting taxes or land rates in certain circumstances. Section 313 re-states and modernises section 4 of the Victoria Conservation Trust Act 1978. This re-statement of section 4 of the Victoria Conservation Trust Act 1978, along with the changes described in clause 11 of the Bill, are necessary to allow the Victoria Conservation Trust Act 1978 to be repealed. The repeal of that Act is effected by clause 12 of the Bill. Clause 10 amends section 4 of the Victorian Conservation Trust Act 1972 to provide that the Trust for Nature (Victoria) will comprise at least 6 trustees and not more than 10 trustees. It also amends section 7(2) to provide that at a meeting of the Trust, a majority of the trustees for the time being shall constitute a quorum. Clause 11 inserts a new section 14 into the Victorian Conservation Trust Act 1972. Sub-section (1) of the new provision provides that on and from the commencement of Part 4 of the Bill, the Trust is deemed to be the same body as it was immediately before that commencement. Sub-section (2) provides that trustees of the Trust holding office immediately before the commencement of Part 4 of this Bill continue to hold office after that commencement on the same terms and conditions. Sub-section (3) provides that despite the repeal of the Victoria Conservation Trust Act 1978 under Part 4 of the Bill, any order in force under section 4 of the Victoria Conservation Trust Act 1978 immediately before that repeal is deemed to be an order made under section 3B of the Victorian Conservation Trust Act 1972. 3

 


 

Sub-section (4) provides that despite the repeal of the Victoria Conservation Trust (Amendment) Act 1986 and the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995 by Part 4 of the Bill, a reference in any Act, subordinate instrument or any document whatever (unless inconsistent with the context of the subject-matter)-- · to the Victoria Conservation Trust Act 1972 is deemed to be a reference to the Victorian Conservation Trust Act 1972; and · to the "Victoria Conservation Trust" or the "Victorian Conservation Trust" is deemed to be a reference to the Trust for Nature (Victoria). Clause 12 repeals the Victoria Conservation Trust Act 1978, the Victoria Conservation Trust (Amendment) Act 1986 and the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995 which are now spent. PART 5--WATER ACT 1989 Clause 13 inserts new sub-sections (1A) and (1B) after section 31(1) of the Water Act 1989. Sub-section (1A) provides that a consultative committee appointed to prepare a draft management plan for a water supply protection area must consider any comments made by interested persons and make any appropriate changes to the draft management plan. Sub-section (1B) provides that the consultative committee must, on completion of the draft management plan, refer it to the Minister for consideration. Clause 14 amends section 32A of the Water Act 1989. Sub-clause (1) of the Bill repeals section 32A(3)(e) of the Water Act 1989. Sub-clause (1) of the Bill also substitutes a new section 32A(3)(f) which provides that a management plan for a water supply protection area may impose restrictions on the taking of groundwater to prevent the level of groundwater declining below a specified level or specified average level. Sub-clause (2) of the Bill inserts a new section 32A(6)(ab) into the Water Act 1989, which provides that the Minister may approve a draft management plan for a water supply protection area with any amendments the Minister considers appropriate. 4

 


 

Sub-clause (3) of the Bill inserts a new section 32A(7A) into the Water Act 1989 which provides that if the Minister refuses to approve a draft management plan for a water supply protection area, he or she may-- · appoint a consultative committee under section 29 of the Water Act 1989 to prepare a new draft management plan; or · prepare a new draft management plan; or · abolish the water supply protection area; or · take any other action considered appropriate in the circumstances. Sub-section (3) of the Bill also inserts a new section 32A(7B) into the Water Act 1989 which provides that Division 3 of Part 3 of the Water Act 1989 applies to the preparation and approval of a new draft management plan referred to in new sub- section (7A)(a) and (b) in the same way as it applies to other draft management plans. Sub-clause (4) of the Bill inserts a new section 32A(10A) into the Water Act 1989 which provides that a draft management plan for a water supply protection area is not invalid merely because of a defect or irregularity in, or in connection with the approval of the plan. Clause 15 inserts new sections 305C and 305D into the Water Act 1989. The new section 305C(1) provides that orders or other instruments made under the provisions specified in section 305C(2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person. Documents that are regularly incorporated by reference into orders or other instruments include maps and plans that cannot easily be reproduced within standard sized documents. The new section 305D validates orders or other instruments made or purported to be made under certain specified provisions of the Water Act 1989 on or after 1 July 1984 and in force, or purportedly in force, immediately before the commencement of Part 5 of the Bill that would have been validly made if section 305C had been in operation at the time the relevant orders or other instruments were made. It was on 1 July 1984 that the Interpretation of Legislation Act 1984 took effect. Section 32 of that Act provides that the incorporation by reference of certain documents into subordinate instruments is not permitted unless 5

 


 

the Act under which the instrument is made specifically provides for the incorporation by reference of documents of that type. PART 6--MELBOURNE AND METROPOLITAN BOARD OF WORKS ACT 1958 Clause 16 inserts new sections 241A and 241B into the Melbourne and Metropolitan Board of Works Act 1958. The new section 241A(1) provides that orders or other instruments made under the provisions specified in section 241A(2) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person. Documents that are regularly incorporated by reference into orders or other instruments include maps and plans that cannot easily be reproduced within standard sized documents. The new section 241B validates orders or instruments made or purported to be made under certain specified provisions of the Melbourne and Metropolitan Board of Works Act 1958 on or after 1 July 1984 and in force, or purportedly in force, immediately before the commencement of Part 6 of the Bill that would have been validly made if section 241A had been in operation at the time the relevant orders or other instruments were made. It was on 1 July 1984 that the Interpretation of Legislation Act 1984 took effect. Section 32 of that Act provides that the incorporation by reference of certain documents into subordinate instruments is not permitted unless the Act under which the instrument is made specifically provides for the incorporation by reference of documents of that type. 6

 


 

 


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