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Yarra River Protection (Wilip-gin
Birrarung murron) Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Overview
The main purposes of this Bill, which will form a new principal Act, are to
provide for the declaration of the Yarra River and certain public land in its
vicinity for the purpose of protecting it as one living and integrated natural
entity, provide for the development and implementation of a Yarra Strategic
Plan as an overarching policy and planning framework for the Yarra River
and certain land in its vicinity, to establish the Birrarung Council to report
to the Minister on the development and implementation of the plan and
generally act as the voice of the Yarra River and to provide for the
declaration of the Greater Yarra Urban Parklands.
The Bill contains a preamble setting out why it is important to provide for the
protection of the Yarra River. It highlights the connection of the traditional
owners of the land through which the Yarra River flows to the river and their
past and ongoing stewardship of it. Importantly, and as a first in Victorian
legislation, the preamble is partly written in the language of the traditional
owners, the Woi-wurrung language.
The Bill provides for an entity to be directed to be the lead agency
responsible for--
• developing a long term community vision document for Yarra
River land; and
• preparing a draft Yarra Strategic Plan for endorsement by the
responsible public entities and their Ministers; and
• preparing a new Yarra Strategic Plan every 10 years; and
• preparing an annual report for the Birrarung Council on the
implementation of the plan by responsible public entities.
581132 1 BILL LA INTRODUCTION 20/6/2017
The Birrarung Council will consist of up to 12 members comprising--
• at least 2 nominees of the Wurundjeri Tribe Land and
Compensation Cultural Heritage Council; and
• at least one representative of an environment group and of
an agriculture industry group; and
• at least 2 skill-based members; and
• at least one representative of a local community group; and
• an appropriately skilled chairperson.
The Birrarung Council has a role that will effectively make it the voice
of the Yarra River. It will report to the Minister on the development,
implementation, operation and effectiveness of a Yarra Strategic Plan and
advise the Minister generally in relation to the protection and preservation of
Yarra River land. Its role and operation will be reviewed within 5 years.
The declaration of the Greater Yarra Urban Parklands will enable parklands
in the vicinity of the Yarra River to be given a common identity and treated
as one integrated living whole urban natural asset of state significance.
Land within the Greater Yarra Urban Parklands will be protected from
planning scheme amendments that change the zoning of that land so that the
land may be used in a way that is inconsistent with a Yarra Strategic Plan, by
requiring such amendments to be ratified by Parliament.
The Bill gives an important role to the Commissioner for Environmental
Sustainability to report on the environmental condition of Yarra River land
and how that condition has changed since the last report.
The Bill sets out a range of Yarra protection principles to which responsible
public entities must have regard when performing functions or duties or
exercising powers in relation to land to which a Yarra Strategic Plan applies
where the performance of those functions or duties or the exercise of those
powers may affect Yarra River land. Such entities must also not act
inconsistently with any part of a Yarra Strategic Plan that is binding on them
when performing functions or duties or exercising powers in relation to Yarra
River land and must have regard to the remainder of a Yarra Strategic Plan
when performing functions or duties or exercising powers in relation to land
to which a Yarra Strategic plan applies where the performance of those
functions or duties or the exercise of those powers may affect Yarra River
land. An exception applies to the performance of functions or the exercise
of powers in relation to a declared project within the meaning of the Major
Transport Projects Facilitation Act 2009. The Bill amends the legislation
under which they operate for these purposes.
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The Yarra Strategic Plan will apply to land that is required to be managed
according to high degrees of legislative prescription and protection including
land subject to a management plan under the Heritage Rivers Act 1992,
land in a park under the National Parks Act 1975, land reserved under the
Crown Land (Reserves) Act 1978, land to which a regional waterway
strategy applies and land subject to a joint management plan under Part 8A
of the Conservation, Forests and Lands Act 1987. A Yarra Strategic Plan
must not be inconsistent with the existing protection over such land except
with specific high-level endorsement.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill.
The Bill will--
• provide for the declaration of the Yarra River and
certain public land in its vicinity for the purpose of
protecting it as one living and integrated natural entity
to be protected; and
• provide for the development and implementation of a
Yarra Strategic Plan; and
• establish the Birrarung Council and give it the function
of advising the Minister on matters relating to a Yarra
Strategic Plan and generally in relation to the protection
of Yarra River land; and
• to set out principles to which responsible public entities
must have regard when performing functions or duties
or exercising powers in relation to Yarra River land or
other land the use or development of which may affect
Yarra River land; and
• to provide for the declaration of the Greater Yarra
Urban Parklands; and
• to amend the Planning and Environment Act 1987
and the Commissioner for Environmental
Sustainability Act 2003 and make consequential
amendments to other Acts.
3
Clause 2 deals with the commencement of the Bill. Except for section 63,
it will come into operation on a day or days to be proclaimed.
Any provisions (except section 63) that have not come into
operation before 1 December 2017 will come into operation on
that day. Section 63 comes into operation on the day on which
the initial Yarra Strategic Plan comes into operation.
Clause 3 sets out definitions for the purposes of the Bill. Some of the
more important definitions are explained below.
Council refers to the Birrarung Council established under
clause 46 of the Bill.
Greater Yarra Urban Parklands refers to land covered by
an order under clause 59(1) or (3) of the Bill and not removed
from the Greater Yarra Urban Parklands by an order under
clause 59(4).
lead agency refers to the relevant plan entity that, as a result of a
direction under clause 4 of the Bill, has the functions of the lead
agency under the Bill.
long term community vision document refers to the document
developed by the lead agency under clause 17 that sets a vision
for Yarra River land.
relevant plan entity is any of the following--
• the Department Head of the Department of
Environment, Land, Water and Planning;
• Melbourne Water Corporation;
• Parks Victoria;
• the Victorian Planning Authority;
• the Port Phillip and Westernport Catchment
Management Authority.
responsible public entity is a public entity that has functions or
duties, or exercises powers, in relation to Yarra River land or
other land within the Yarra catchment and is listed in the Bill as a
responsible public entity. The following entities are listed--
• the Secretary to the Department of Environment, Land,
Water and Planning;
• Melbourne Water Corporation;
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• Parks Victoria;
• the Victorian Planning Authority;
• the Port Phillip and Westernport Catchment
Management Authority;
• the Roads Corporation;
• Victorian Rail Track;
• Committees of management or trustees under the
Crown Land (Reserves) Act 1978 in relation to
Yarra River land;
• Banyule City Council, Boroondara City Council,
Manningham City Council, Melbourne City Council,
Nillumbik Shire Council, Stonnington City Council,
Yarra City Council and Yarra Ranges Shire Council;
• Traditional Owner Land Management Boards;
• any other public entity that is prescribed to be a
responsible public entity.
Yarra River land refers to the Yarra River itself and other land,
owned by the Crown or by a responsible public entity other
than a municipal council, that is adjacent to the Yarra River or
within 500 metres of one of its banks and that is declared by the
Governor in Council under clause 14(1) or (2) and not removed
from Yarra River land by the Governor in Council under
clause 14(4).
Yarra protection principles refer to the principles set out in
Part 2 of the Bill.
Yarra Strategic Plan refers to the plan to be developed under
Part 4 of the Bill.
Clause 4 sets out the mechanism for directing a relevant plan entity to be
the lead agency. The direction will be given by the Minister
administering this Act with the approval of whichever of the
Planning Minister, the Environment Minister or the Water
Minister is not the Minister administering this Act. Notice of a
direction will be published in the Government Gazette.
5
Clause 5 specifies the objects of the Bill.
Under clause 5, the objects of the Bill are--
• to recognise the importance of the Yarra River and its
parklands and associated public places to the economic
prosperity, vitality and liveability of Melbourne and the
Yarra Valley; and
• to recognise that Crown land and freehold land owned
by the State adjacent to the River Yarra and which is
used as public open space or as a park is part of the one
living and integrated natural entity; and
• to establish an overarching policy and planning
framework to coordinate and harmonise planning for the
use, development and protection of the Yarra River, its
parkland and other land in its vicinity; and
• to establish the Birrarung Council as an advocate for the
protection and preservation of the Yarra River.
Clause 6 provides for the Bill to be binding on the Crown in all its
capacities.
Part 2--Yarra protection principles
Clause 7 provides that Part 2 of the Bill sets out the Yarra protection
principles.
Clause 8 sets out general principles related to decision making that--
• require decisions to be based on the effective integration
of environmental, social and cultural considerations;
and
• require decision makers to take account of the potential
impacts of climate change; and
• require decision makers to take into account the impact
of individual actions or policies on public health and
wellbeing; and
• mandate the maintenance and enhancement of
environmental, social and cultural benefits for the
benefit of future generations; and
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• make the protection of the environment and delivery of
sustainable development a shared responsibility of all
levels of government, industry, business, communities
and people.
Clause 9 sets out environment principles as follows--
• lack of full scientific certainty should not be used as a
reason for postponing measures to respond to threats of
serious or irreversible environmental damage; and
• environmental practices and procedures should maintain
or enhance biodiversity and ecological integrity; and
• the best practicable environmental outcome should be
sought if managing environment impacts on one
segment of the environment impacts on another; and
• there should be a net gain for the environment in the
area of Yarra River land from individual actions or
policies.
Clause 10 sets out social principles as follows--
• the existing amenity of Yarra River land should be
protected and enhanced for the benefit of the whole
community; and
• community consultation and participation should play
an essential and effective role in protecting, improving
and promoting Yarra River land.
Clause 11 sets out recreational principles as follows--
• community access to, and use and enjoyment of,
Yarra River land should be protected and enhanced
in designing and managing public open space for
compatible multiple uses that optimise community
benefit; and
• public open space should be used for recreational
and community purposes that are within the capacity of
that space, so as to sustain natural processes and not
diminish the potential of that space to meet long-term
aspirations of the community.
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Clause 12 sets out cultural principles as follows--
• Aboriginal cultural values, heritage and knowledge of
Yarra River land should be acknowledged, reflected,
protected and promoted; and
• the role of traditional owners as custodians of
Yarra River land should be acknowledged through
partnership, representation and involvement in policy
planning and decision-making; and
• the cultural diversity and heritage of post-European
settlement communities should be recognised and
protected as a valued contribution to the identity,
amenity and use of Yarra River land.
Clause 13 sets out management principles as follows--
• there should be coordination between all levels of
government and government agencies in designing
policies and programs and making decisions in relation
to Yarra River land; and
• the best available practical measures should be used
when designing policies and programs; and
• implementation of natural resource management should
aim for continuous improvement and extend beyond
compliance with relevant laws and requirements.
Part 3--Yarra River land and other land
Clause 14 provides for land to be declared to be Yarra River land by
the Governor in Council on the recommendation of the
Minister administering this Act made with the approval of the
Planning Minister (if the Planning Minister is not the Minister
administering this Act). Land may be removed from Yarra River
land by an Order in Council made on the recommendation of
the Minister administering this Act with the approval of the
Planning Minister (if the Planning Minister is not the Minister
administering this Act) and after consultation with the Birrarung
Council. A Yarra Strategic Plan will apply to Yarra River land.
The land that may be declared is land adjacent to the Yarra River
or any part of which is within 500 metres of one of its banks that
is Crown land or freehold land owned by a responsible public
entity other than a municipal council.
8
Privately owned land, land that is owned by a municipal council,
land within the port of Melbourne and land within a special water
supply catchment area listed in Schedule 5 to the Catchment
and Land Protection Act 1994 are excluded.
Yarra River land is also defined in clause 3(1) to include the
Yarra River, including its bed, soil and banks.
Clause 15 enables other land to be declared as land to which a Yarra
Strategic Plan may apply. This is in addition to Yarra River land
and land of any kind within one kilometre of a bank of the Yarra
River.
Other declared land must be within the municipal district of a
municipal council that is a responsible public entity.
Land within the port of Melbourne and land within a special
water supply catchment area listed in Schedule 5 to the
Catchment and Land Protection Act 1994 are excluded.
Part 4--Yarra Strategic Plan
Division 1--Purpose of Yarra Strategic Plan
Clause 16 provides that the purpose of a Yarra Strategic Plan is to guide
the future use and development of the land to which it applies
and identify areas for protection.
Division 2--Long term community vision
Clause 17 requires the lead agency to develop a long term (50 year
at a minimum) community vision document for Yarra River
land through a process of active community participation and
co-design. Through this process the unique characteristics of
Yarra River land and community values, priorities and
preferences in relation to it (including preferences for future
land uses and protection and development) will be identified.
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Division 3--Preparation of Yarra Strategic Plan
Clause 18 requires the lead agency to prepare a Yarra Strategic Plan
in accordance with Part 4 of the Bill. The plan must be
developed--
• through an open and collaborative process involving
responsible public entities, local community reference
forums and the Birrarung Council; and
• in accordance with guidelines for river corridor
framework planning issued by the Planning Minister
under clause 22; and
• having regard to the Yarra protection principles set out
in Part 2 of the Bill; and
• in accordance with best practice regarding public
participation. It is intended that there will be active
public participation in the development of the plan so
as to allow community concerns and aspirations to be
understood and considered. The Public Participation
Spectrum developed by the International Association for
Public Participation (IAP2) demonstrates possible types
of engagement with stakeholders and communities that
might be used; and
• having regard to relevant legislation and current policies
and plans of the Government and responsible public
entities relating to relating to land use, waterway health,
biodiversity, cultural heritage, transport or other social,
economic or environmental policies or plans relevant to
Yarra River land.
Clause 19 specifies the land to which a Yarra Strategic Plan applies.
A Yarra Strategic Plan applies to--
• Yarra River land; and
• land within one kilometre of a bank of the Yarra River
other than land within the port of Melbourne and land
within a special water supply catchment area listed in
Schedule 5 to the Catchment and Land Protection
Act 1994; and
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• land further than one kilometre from a bank of the Yarra
River that is specified under clause 15(3) and that the
lead agency specifies as land to which the plan applies.
Clause 20 deals with the contents of a Yarra Strategic Plan.
Subclause (1) states that a Yarra Strategic Plan must--
• give effect to the vision expressed in the long term
community vision document developed under clause 17;
and
• include a land use framework plan (the contents of
which are set out in clause 21).
Subclause (2) details particular requirements as to the contents of
a Yarra Strategic Plan. It provides that it must--
• contain the long term community vision document; and
• set out the broad objectives of the plan and the values
that it seeks to recognise, protect and promote; and
• contain performance objectives for waterway health,
river parklands amenity, landscape amenity and
environmental, cultural and heritage values; and
• identify regional infrastructure networks; and
• identify projects that should be carried out at the earliest
opportunity; and
• set out a narrative description of the river corridor and a
decision-making framework against which individual
projects and proposals may be assessed or evaluated;
and
• state which parts of the plan are binding on responsible
public entities and which are only in the nature of
recommendations to them; and
• deal with anything else that the Minister directs in
relation to waterway health, river parklands amenity,
landscape amenity or environmental, cultural or heritage
values.
11
Clause 21 sets out detailed requirements for the land use framework plan
component of a Yarra Strategic Plan.
A land use framework plan must--
• include spatial plans for the area to which the Yarra
Strategic Plan applies, giving broad direction as to its
future use, development and protection; and
• recognise and protect Aboriginal cultural values and
other cultural and heritage values; and
• identify riparian zones and areas of high environmental
or landscape value to be protected from development;
and
• identify areas for urban revitalisation or renewal; and
• identify important views and viewsheds; and
• identify areas for the attraction of commercial activities
and services; and
• identify locations suitable for community activities and
events; and
• nominate habitat corridors and ecological values for
improvement and the achievement of more resilient
biodiversity outcomes; and
• define open space and urban forest networks to provide
for the amenity and recreation needs of local
communities; and
• identify movement and access networks that link people
to the landscape and its parklands; and
• incorporate any agreed strategic transport infrastructure
including river crossings and bicycle networks; and
• identify public authority infrastructure and land
management proposals that may affect Yarra River
land; and
• recognise projected climate change impacts and flood
and bushfire risks.
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Clause 22 empowers the Planning Minister to issue guidelines on river
corridor framework planning. Clause 18(2)(b) requires the lead
agency to prepare a Yarra Strategic Plan in accordance with
them.
Division 4--Consultation for draft Yarra Strategic Plan
Subdivision 1--Public sector entity and Ministerial consultation
Clause 23 sets out the process for arriving at a draft of a Yarra Strategic
Plan that may be released for public consultation. It involves
endorsement of the draft by all the responsible public entities
and the Ministers responsible for them. Such Ministers are
empowered to give a written direction to an entity for which
they are responsible in relation to the endorsement of the draft.
After endorsement the lead agency must give a copy of the
draft to the Minister for review and approval for public release.
Following that approval, the lead agency must make a copy of
the draft available for public inspection.
Subdivision 2--Public consultation
Clause 24 requires the lead agency to seek public submissions on a
draft Yarra Strategic Plan over a period of at least 2 months.
All submissions are to be available for public inspection at the
office of the lead agency. At the end of the public consultation
phase the lead agency must consider the submissions made and
refer any relating to the land use framework plan component
that the lead agency does not fully adopt to a panel.
Subdivision 3--Panels and public hearing
Clause 25 provides for the appointment by the Minister of a panel to
consider submissions referred to it under clause 24.
Clause 26 provides that a panel may consist of one or more persons.
Clause 27 deals with the costs and expenses of a panel. Members are
entitled to fees and allowances as fixed by the Minister which
must be paid by the lead agency unless the Minister otherwise
directs. The lead agency must pay to the Crown any amounts to
which a Crown employee is entitled to receive as a member by
way of remuneration or expenses. Unless the Minister otherwise
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directs the lead agency must cover any reasonable costs and
expenses incurred by the panel.
Clause 28 requires the Minister to appoint a chairperson of a multi-member
panel.
Clause 29 applies to multi-member panels. It provides that--
• in a panel of 2 members, the chairperson constitutes a
quorum; and
• in a panel of more than 2 members, half the number of
members (rounded up, if necessary, to the next highest
whole number) constitutes a quorum; and
• in a panel of more than 2 members, the members may
appoint one of their number to act as chairperson if the
chairperson is unable to attend; and
• the chairperson has an additional or casting vote in the
event of an equality of votes; and
• subject to a quorum, a panel may act despite a vacancy;
and
• the Minister may appoint a member to fill a vacancy.
Clause 30 allows a panel to regulate its own proceedings subject to anything
provided in Part 4.
Clause 31 puts an obligation on the lead agency to support a panel by
providing secretarial or other assistance.
Clause 32 deals with the conduct of hearings by a panel. A panel is
required to consider the submissions and give a reasonable
opportunity to be heard to those who make submissions,
responsible public entities and anyone that the lead agency or
the Minister directs the panel to hear. Division 2 of Part 8 of
the Planning and Environment Act 1987 (except sections 169
and 170) is applied to the conduct of a hearing. A panel must
report its findings and recommendations to the Minister. A copy
of its report must be made publicly available by the lead agency
at its office.
Clause 33 provides for various offences in relation to panel members and
panel hearings.
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Clause 34 protects panel members from personal liability for certain acts or
omissions as panel members.
Division 5--Revision and approval of Yarra Strategic Plan
Clause 35 deals with the stage after the public submission process is
completed and any panel appointed has reported. It requires the
lead agency to consider any panel report and revise the draft plan
to take account of any amendments arising out of the public
submission process and of any panel recommendations with
which the responsible public entities agree.
Clause 36 requires the lead agency to give a copy of a revised draft Yarra
Strategic Plan for endorsement to the responsible public entities
and the Ministers responsible for them. A Minister responsible
for a responsible public entity may give the entity a written
direction in relation to endorsement. After a revised draft plan
has been endorsed by the responsible public entities and their
Ministers, the lead agency must give a copy to the Minister for
approval.
Division 6--Approval of Yarra Strategic Plan
Clause 37 provides that the Minister may approve a draft Yarra Strategic
Plan submitted under clause 36 and publish notice of the
approval in the Government Gazette.
Clause 38 provides that an approved Yarra Strategic Plan comes into
operation on notice of the approval being published in the
Government Gazette or on a later commencement date specified
in that notice.
Clause 39 requires that a copy of an approved Yarra Strategic Plan and the
notice of its approval must be laid before each House of the
Parliament within 7 sitting days after the publication of the notice
in the Government Gazette.
Clause 40 ensures that an approved Yarra Strategic Plan is publicly
available at the principal offices of the lead agency, the
responsible public entities and the Department and on their
Internet sites.
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Division 7--Amendment of current and preparation of new
Yarra Strategic Plan
Clause 41 provides a mechanism for minor amendments to be made to a
Yarra Strategic Plan by the lead agency without having to
comply with the full process. The lead agency must have the
approval of the Minister to the amendment and the Minister
must consult with the Planning Minister and any other Minister
responsible for a responsible public entity affected by the
proposed amendment before giving approval.
Clause 42 requires that the long term community vision is reviewed,
and a new Yarra Strategic Plan made, within 10 years after the
commencement of a Yarra Strategic Plan, adopting the same
procedures as adopted on the making of the initial Yarra Strategic
Plan.
Division 8--Reporting
Clause 43 requires responsible public entities to report on their
implementation of a Yarra Strategic Plan at 6 month intervals or
at such other intervals as the Minister specifies. The reports are
provided to the lead agency.
Clause 44 requires the lead agency to prepare an annual implementation
report for the Birrarung Council based on the information
provided by the responsible public entities under clause 43.
Division 9--Other
Clause 45 deals with the relationship between a Yarra Strategic Plan
and legislation relating to land that is required to be managed
according to high degrees of legislative prescription and
protection.
Subclause (1) provides that a Yarra Strategic Plan, to the extent
that it applies to land to which a management plan under the
Heritage Rivers Act 1992 applies, must not be inconsistent with
that Act or, unless the Minister otherwise specifically endorses in
writing, any management plan under that Act.
Subclause (2) provides that a Yarra Strategic Plan, to the
extent that it applies to land in a park under the National Parks
Act 1975, must not be inconsistent with that Act or, unless the
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Secretary otherwise specifically endorses in writing, any
management plan under that Act.
Subclause (3) provides that a Yarra Strategic Plan, to the extent
that it applies to land that is reserved under the Crown Land
(Reserves) Act 1978, must not be inconsistent with the Crown
Land (Reserves) Act 1978, the purpose for which that land is
reserved, any relevant recommendation for that land by the Land
Conservation Council, or any Government response or amended
Government response under section 25 or 26G of the Victorian
Environmental Assessment Council Act 2001 to any report
under section 23 or 26E of that Act applying to the land.
Subclause (4) provides that a Yarra Strategic Plan, to the extent
that it applies to land that is reserved under the Crown Land
(Reserves) Act 1978 and subject to additional management
requirements under the Wildlife Act 1975, must not be
inconsistent with that Act or, unless the Secretary otherwise
specifically endorses in writing, any plan of management under
the Wildlife Act 1975.
Subclause (5) provides that a Yarra Strategic Plan, to the extent
that it applies to land to which a regional waterway strategy
prepared by Melbourne Water Corporation under the Water
Act 1989 applies, must not be inconsistent with that Act or,
unless the Water Minister and the Environment Minister
otherwise specifically jointly endorse in writing, that regional
waterway strategy.
Subclause (6) provides that a Yarra Strategic Plan, to the extent
that it applies to land that is the subject of a joint management
plan under Part 8A of the Conservation, Forests and Lands
Act 1987 between the Secretary and a Traditional Owner Land
Management Board, must not be inconsistent with that Act or,
unless the Secretary and that Board otherwise specifically jointly
endorse in writing, that joint management plan.
Subclause (7) requires notice of an endorsement to be published
in the Government Gazette.
Subclause (8) defines various terms used in the clause.
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Part 5--The Birrarung Council
Clause 46 establishes the Birrarung Council.
Clause 47 provides that the Birrarung Council is to act independently of
responsible public entities.
Clause 48 lists the various matters on which the Birrarung Council is to
provide advice to the Minister. They include, apart from a
general advisory role, the development, implementation,
operation and effectiveness of a Yarra Strategic Plan including
the scope and adequacy of public participation processes.
The Council is to look at the contribution of the plan to the
protection and improvement of the Yarra River land and its
environmental, cultural and heritage values including waterway
health. The Council also has the function of advocating for the
protection and preservation of the Yarra River. Relying on this
function it is intended that the Council will act as a voice for the
Yarra River. The Council may be given other functions and has
all necessary powers to carry out its functions.
Clause 49 deals with the constitution and membership of the Birrarung
Council.
Subclause (1) states that the Birrarung Council consists of not
more than 12 members appointed by the Minister of whom--
• at least 2 are nominees of the Wurundjeri Tribe Land
and Compensation Cultural Heritage Council; and
• at least one is a representative of an environment group
and at least one a representative of an agriculture
industry group; and
• at least 2 are skill-based members with skills specified
in subclause (2); and
• at least one is a representative of a Yarra River land
local community group; and
• one is the chairperson.
Subclause (2) lists the areas in which skills or expertise are
necessary for the skill-based members. The Minister must be
satisfied that a skill-based member is skilled or has expertise in
one of the following areas--
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• waterway health;
• aquatic ecology;
• urban design;
• landscape architecture;
• urban parks and recreation;
• statutory planning;
• environmental planning;
• public participation processes;
• community health.
Subclause (3) provides that a member or employee of a
responsible public entity is not eligible for appointment as a
member.
Clause 50 requires that the person appointed as chairperson must be a
person whom the Minister is satisfied has suitable skills for that
role.
Clause 51 deals with the terms and conditions of appointment of members
of the Birrarung Council. Members are appointed by the
Minister for terms of up to 4 years on terms and conditions
(including as to remuneration and allowances) determined by
the Minister. The Public Administration Act 2004 (other than
Part 3) applies to a member.
Clause 52 allows members of the Birrarung Council to resign by writing to
the Minister. Members may be removed by the Minister at any
time on grounds specified in the clause relating to their fitness to
hold office.
Clause 53 empowers the Minister to fill any vacancy arising when a
member resigns or is removed from office under clause 52.
Clause 54 states that the chairperson presides at meetings. If the
chairperson is absent, another member elected by the members
present at the meeting presides. Whoever presides has a
deliberative vote and, if votes are equal, a casting vote.
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Clause 55 makes a majority of the members in office a quorum for a
meeting of the Birrarung Council. The Council may regulate its
own proceedings subject to any written direction given by the
Minister.
Clause 56 preserves the validity of acts or decisions of the Birrarung
Council despite any defect or irregularity connected with an
appointment and despite any vacancy in membership. Anything
done by an acting chairperson is not invalid merely because the
occasion for an acting appointment had not arisen, or there was a
defect or irregularity connected with the appointment or the
appointment had ceased to have effect.
Clause 57 requires the Birrarung Council to report annually (on or before
31 October) to the Minister on the implementation of the Yarra
Strategic Plan by responsible public entities. The Minister must
cause the report to be laid before both Houses of Parliament
within 7 sitting days together with a copy of the report given to
the Council under clause 44.
Clause 58 imposes an obligation on the Minister to have the role and
operation of the Council reviewed within 5 years of its operation
by a person nominated by the Minister. The Minister must cause
a report of the review to be laid before both Houses of Parliament
within 10 sitting days after its completion.
Part 6--Greater Yarra Urban Parklands
Clause 59 enables the Governor in Council, on the recommendation of the
Minister, to make an Order, to be published in the Government
Gazette, declaring land as forming part of the Greater Yarra
Urban Parklands.
The land that may be included in the Greater Yarra Urban
Parklands is Yarra River land that is used as public open space or
a park and which is within a specified metropolitan Melbourne
urban growth boundary. Any other land within such a boundary
may be included with the agreement of the land owner.
Parklands included in the Greater Yarra Urban Parklands will
have a common identity and be treated as part of one integrated
urban natural entity of state significance.
20
The Governor in Council, on the recommendation of the Minister
made after consulting the Birrarung Council, may remove land
from the Greater Yarra Urban Parklands.
Part 7--General
Clause 60 enables the Governor in Council to make regulations as necessary
or required to give effect to the Act.
Part 8--Amendment of the Planning and Environment Act 1987
Clause 61 will insert in section 3(1) of the Planning and Environment
Act 1987 definitions of terms used in this Bill that are referenced
in provisions being inserted in the Planning and Environment
Act 1987. Those terms are Department Head, Greater Yarra
Urban Parklands, responsible public entity, Yarra protection
principles, Yarra River land, Yarra Strategic Plan and Yarra
Strategic Plan area.
Clause 62 will insert a new section 4AA into the Planning and
Environment Act 1987.
Section 4AA will impose an obligation on the Department Head
to not act inconsistently with any part of a Yarra Strategic Plan
that is binding on the Department Head when performing
functions or duties or exercising powers in relation to Yarra
River land, other than in relation to a declared project within
the meaning of the Major Transport Projects Facilitation
Act 2009.
The new section will also require the Department Head to have
regard to the Yarra protection principles, and those parts of a
Yarra Strategic Plan that are not expressed to be binding on
the Department Head, when performing functions or duties or
exercising powers in relation to land within the Yarra Strategic
Plan area where the performance of those functions or duties or
exercise of those powers may affect Yarra River land.
Section 4AA(2) makes it clear that new section 4AA is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
21
Clause 63 will insert a new Part 3AAA in the Planning and Environment
Act 1987 to deal with planning scheme amendments and their
consistency with a Yarra Strategic Plan.
Division 1 of the new Part contains new section 46AAA which
requires responsible public entities that are planning authorities
not to prepare an amendment to a planning scheme that relates
to Yarra River land that is inconsistent with anything in a Yarra
Strategic Plan that is binding on the responsible public entity.
Division 2 of the new Part contains new sections 46AAB
to 46AAI.
New section 46AAB specifies the amendments to which
Division 2 applies. These are amendments approved by the
Minister after the commencement of the section that remove,
change or replace a zoning of land so that the land may be used
in a way that is inconsistent with a Yarra Strategic Plan.
New section 46AAC provides that an amendment to which
Division 2 applies does not take effect until ratified by each
House of the Parliament. It also disapplies sections 36, 37
and 38 of the Planning and Environment Act 1987 from the
amendment.
New section 46AAD sets out the procedure for Parliament to
ratify an amendment. The amendment must be laid before each
House within 7 sitting days after it is approved by the Minister
and must be ratified by that House within 10 sitting days after it
is laid.
New section 46AAE requires the Minister to publish a notice
of ratification in the Government Gazette specifying where the
amendment may be inspected.
New section 46AAF provides that a ratified amendment
commences on publication of the notice of ratification or on
any later day or days specified in that notice.
New section 46AAG provides that an amendment to which
Division 2 applies lapses, if it is not ratified within the timeframe
set out in section 46AAD, on the day immediately after the last
day on which it could have been ratified. The Minister must
publish a notice in the Government Gazette setting out the date
on which the amendment lapsed. The notice is conclusive proof
that the amendment has lapsed.
22
New section 46AAH disapplies sections 40, 41 and 42 of the
Planning and Environment Act 1987 from an amendment
unless and until it is ratified.
New section 46AAI deals with the situation where an amendment
to which Division 2 applies is also an amendment to which a
permit granted under Division 5 of Part 4 applies. The permit is
cancelled if the amendment lapses. If the amendment is ratified,
the notice of ratification must also specify where the permit may
be inspected.
Part 9--Amendment of Commissioner for
Environmental Sustainability Act 2003
Clause 64 will amend section 1(2) of the Commissioner for
Environmental Sustainability Act 2003 to include a reference
to the preparation of a periodical report on the environmental
condition of Yarra River land in the purpose section of the Act.
Clause 65 will insert in section 3 of the Commissioner for Environmental
Sustainability Act 2003 definitions of terms used in this Bill that
are referenced in provisions being inserted in the Commissioner
for Environmental Sustainability Act 2003. Those terms are
lead agency and Yarra River land.
Clause 66 will insert a new paragraph (ab) into section 8 of the
Commissioner for Environmental Sustainability Act 2003.
The effect of the amendment is to make it a function of the
Commissioner for Environmental Sustainability to prepare a
report on the environmental condition of Yarra River land and on
how the environmental condition of that land has changed since
the Commissioner's last report.
Clause 67 will insert new sections 17A and 17B into the Commissioner for
Environmental Sustainability Act 2003. New section 17A
requires the Commissioner for Environmental Sustainability to
prepare and submit to the Minister a periodical report on the
environmental condition of Yarra River land. The report may
be a separate report or part of a Report on the State of the
Environment of Victoria. New section 17B requires the lead
agency to give the Commissioner whatever assistance the
Commissioner reasonably requires in preparing a report under
new section 17A.
23
Clause 68 will insert a new subparagraph (iva) into section 21(1)(a) of the
Commissioner for Environmental Sustainability Act 2003.
The effect of the amendment is to provide for the public
availability of a report prepared as a separate report under new
section 17A.
Part 10--Amendment of other Acts
Division 1--Amendment of Catchment and
Land Protection Act 1994
Clause 69 will insert in section 3(1) of the Catchment and Land
Protection Act 1994 definitions of terms used in this Bill that are
referenced in provisions being inserted in the Catchment and
Land Protection Act 1994. Those terms are Yarra protection
principles, Yarra River land, Yarra Strategic Plan and Yarra
Strategic Plan area.
Clause 70 will insert a new section 12A into the Catchment and Land
Protection Act 1994.
Section 12A will impose an obligation on the Port Phillip and
Westernport Catchment Management Authority to not act
inconsistently with any part of a Yarra Strategic Plan that is
binding on the Authority when performing functions or duties or
exercising powers in relation to Yarra River land, other than in
relation to a declared project within the meaning of the Major
Transport Projects Facilitation Act 2009.
The new section will also require the Port Phillip and
Westernport Catchment Management Authority to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Authority, when performing functions or duties or exercising
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
Section 12A(2) makes it clear that new section 12A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
24
Division 2--Amendment of Conservation, Forests
and Lands Act 1987
Clause 71 will insert a definition of Yarra Strategic Plan in section 82A
of the Conservation, Forests and Lands Act 1987.
Clause 72 will insert a new subsection (3) in section 82PA of the
Conservation, Forests and Lands Act 1975.
The new section 82PA(3) will require the Traditional Owner
Land Management Board and the Secretary to have regard to a
Yarra Strategic Plan when preparing a management plan in
relation to any appointed land to which a Yarra Strategic Plan
applies.
Division 3--Amendment of Crown Land (Reserves) Act 1978
Clause 73 will insert in section 3 of the Crown Land (Reserves) Act 1978
definitions of terms used in this Bill that are referenced in
provisions being inserted in the Crown Land (Reserves)
Act 1978. Those terms are Yarra protection principles, Yarra
River land, Yarra Strategic Plan and Yarra Strategic Plan area.
Clause 74 will insert a new section 18C into the Crown Land (Reserves)
Act 1978.
Section 18C will impose an obligation on the Secretary to not
act inconsistently with any part of a Yarra Strategic Plan that
is binding on the Secretary when performing functions or
exercising powers in relation to Yarra River land, other than
in relation to a declared project within the meaning of the
Major Transport Projects Facilitation Act 2009.
The new section will also require the Secretary to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Secretary, when performing functions or exercising powers in
relation to land within the Yarra Strategic Plan area where the
performance of those functions or exercise of those powers may
affect Yarra River land.
Section 18C(2) makes it clear that new section 18C is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
25
Clause 75 will insert a new section 21AB into the Crown Land (Reserves)
Act 1978.
Section 21AB will impose an obligation on a committee of
management trustees under the Crown Land (Reserves)
Act 1978 to not act inconsistently with any part of a Yarra
Strategic Plan that is binding on the committee or trustees when
performing functions or duties or exercising powers in relation
to Yarra River land, other than in relation to a declared project
within the meaning of the Major Transport Projects
Facilitation Act 2009.
The new section will also require a committee of management or
trustees to have regard to the Yarra protection principles, and
those parts of a Yarra Strategic Plan that are not expressed to be
binding on the committee of management or trustees, when
performing functions or duties or exercising powers in relation to
land within the Yarra Strategic Plan area where the performance
of those functions or duties or exercise of those powers may
affect Yarra River land.
Section 15A(2) makes it clear that new section 15A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Division 4--Amendment of Forests Act 1958
Clause 76 will insert in section 3(1) of the Forests Act 1958 definitions of
terms used in this Bill that are referenced in provisions being
inserted in the Forests Act 1958. Those terms are Yarra
protection principles, Yarra River land, Yarra Strategic Plan
and Yarra Strategic Plan area.
Clause 77 will insert a new section 18B into the Forests Act 1958.
Section 18B will impose an obligation on the Secretary to not
act inconsistently with any part of a Yarra Strategic Plan that is
binding on the Secretary when performing functions or duties or
exercising powers in relation to Yarra River land, other than in
relation to a declared project within the meaning of the Major
Transport Projects Facilitation Act 2009.
The new section will also require the Secretary to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Secretary, when performing functions or duties or exercising
26
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
Section 18B(2) makes it clear that new section 18B is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Division 5--Amendment of Heritage Rivers Act 1992
Clause 78 will insert a new section 9(2) into the Heritage Rivers Act 1992.
New section 9(2) requires a management authority or a
Catchment Management Authority that is requested by the
Minister to prepare a management plan in relation to land that
forms part of the Yarra River Heritage Area to have regard to a
Yarra Strategic Plan as it applies to that land.
Division 6--Amendment of Local Government Act 1989
Clause 79 will insert in section 3(1) of the Local Government Act 1989
definitions of terms used in this Bill that are referenced in
provisions being inserted in the Local Government Act 1958.
Those terms are Yarra protection principles, Yarra River land,
Yarra Strategic Plan and Yarra Strategic Plan area.
Clause 80 will insert a new section 3G into the Local Government
Act 1989.
Section 3G will impose an obligation on a Council that is a
responsible public entity to not act inconsistently with any part
of a Yarra Strategic Plan that is binding on the Council when
performing functions or duties or exercising powers in relation
to Yarra River land, other than in relation to a declared project
within the meaning of the Major Transport Projects
Facilitation Act 2009.
The new section will also require the Council to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Council, when performing functions or duties or exercising
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
27
Section 3G(2) makes it clear that new section 3G is not intended
to affect the operation of the Major Transport Projects
Facilitation Act 2009.
Division 7--Amendment of National Parks Act 1975
Clause 81 will insert in section 3(1) of the National Parks Act 1975
definitions of terms used in this Bill that are referenced in
provisions being inserted in the National Parks Act 1975.
Those terms are Yarra protection principles, Yarra River land,
Yarra Strategic Plan and Yarra Strategic Plan area.
Clause 82 will insert a new section 20A into the National Parks Act 1975.
Section 20A will impose an obligation on the Secretary to not
act inconsistently with any part of a Yarra Strategic Plan that is
binding on the Secretary when performing functions or duties or
exercising powers in relation to Yarra River land, other than
in relation to a declared project within the meaning of the
Major Transport Projects Facilitation Act 2009.
The new section will also require the Secretary to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Secretary, when performing functions or duties or exercising
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
Section 20A(2) makes it clear that new section 20A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Clause 83 will insert a new section 27BA in the National Parks Act 1975.
It requires the Secretary to have regard to a Yarra Strategic Plan
if preparing a management plan in relation to a park that forms
part of Yarra River land.
Division 8--Amendment of Parks Victoria Act 1998
Clause 84 will insert in section 3 of the Parks Victoria Act 1998
definitions of terms used in this Bill that are referenced in
provisions being inserted in the Parks Victoria Act 1998.
Those terms are Yarra protection principles, Yarra River land,
Yarra Strategic Plan and Yarra Strategic Plan area.
28
Clause 85 will insert a new section 8A into the Parks Victoria Act 1998.
Section 8A will impose an obligation on Parks Victoria, to the
extent that it provides services under any agreement in relation
to Yarra River land, to not act inconsistently with any part of a
Yarra Strategic Plan that is binding on Parks Victoria when
performing functions or duties or exercising powers in relation
to Yarra River land under the Parks Victoria Act 1998, the
relevant Act or the agreement, other than in relation to a declared
project within the meaning of the Major Transport Projects
Facilitation Act 2009.
The new section will also require Parks Victoria to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on Parks
Victoria, when performing functions or duties or exercising
powers under the Parks Victoria Act 1998 or any other Act or
the agreement in relation to land within the Yarra Strategic Plan
area where the performance of those functions or duties or
exercise of those powers may affect Yarra River land.
Section 8A(2) makes it clear that new section 8A is not intended
to affect the operation of the Major Transport Projects
Facilitation Act 2009.
Division 9--Amendment of Traditional Owner Settlement
Act 2010
Clause 86 will insert a new section 28(v) into the Traditional Owner
Settlement Act 2010 to include the preparation of a Yarra
Strategic Plan as a land use activity.
Clause 87 will insert a new section 29(r) into the Traditional Owner
Settlement Act 2010 to define the decision maker in relation to
the preparation of a Yarra Strategic Plan as the lead agency
responsible for the preparation of the plan.
Division 10--Amendment of Transport Integration Act 2010
Clause 88 will insert in section 3 of the Transport Integration Act 2010
definitions of terms used in this Bill that are referenced in
provisions being inserted in the Transport Integration
Act 2010. Those terms are Yarra protection principles, Yarra
River land, Yarra Strategic Plan and Yarra Strategic Plan area.
29
Clause 89 will insert a new section 89A into the Transport Integration
Act 2010.
Section 89A will impose an obligation on the Roads Corporation
to not act inconsistently with any part of a Yarra Strategic Plan
that is binding on the Roads Corporation when performing
functions or duties or exercising powers in relation to Yarra
River land under the Transport Integration Act 2010 or any
other Act, other than in relation to a declared project within the
meaning of the Major Transport Projects Facilitation
Act 2009.
Section 89A will also require the Roads Corporation to have
regard to the Yarra protection principles, and those parts of a
Yarra Strategic Plan that are not expressed to be binding on the
Roads Corporation, when performing functions or duties or
exercising powers under the Transport Integration Act 2010 or
any other Act in relation to land within the Yarra Strategic Plan
area where the performance of those functions or duties or
exercise of those powers may affect Yarra River land.
Section 89A(2) makes it clear that new section 89A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Clause 90 will insert a new section 127 into the Transport Integration
Act 2010.
Section 127 will impose an obligation on Victorian Rail Track to
not act inconsistently with any part of a Yarra Strategic Plan that
is binding on Victorian Rail Track when performing functions or
duties or exercising powers in relation to Yarra River land under
the Transport Integration Act 2010 or any other Act, other than
in relation to a declared project within the meaning of the Major
Transport Projects Facilitation Act 2009.
Section 127 will also require Victorian Rail Track to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on Victorian
Rail Track, when performing functions or duties or exercising
powers under the Transport Integration Act 2010 or any other
Act in relation to land within the Yarra Strategic Plan area where
the performance of those functions or duties or exercise of those
powers may affect Yarra River land.
30
Section 127(2) makes it clear that new section 127 is not intended
to affect the operation of the Major Transport Projects
Facilitation Act 2009.
Division 11--Amendment of Victorian Planning Authority
Act 2017
Clause 91 will insert in section 3(1) of the Victorian Planning Authority
Act 2017 definitions of terms used in this Bill that are referenced
in provisions being inserted in the Victorian Planning
Authority Act 2017. Those terms are Yarra protection
principles, Yarra River land, Yarra Strategic Plan and Yarra
Strategic Plan area.
Clause 92 will insert a new section 10A into the Victorian Planning
Authority Act 2017.
Section 10A will impose an obligation on the Victorian Planning
Authority to not act inconsistently with any part of a Yarra
Strategic Plan that is binding on the Authority when performing
functions or duties or exercising powers in relation to Yarra
River land, other than in relation to a declared project within
the meaning of the Major Transport Projects Facilitation
Act 2009.
The new section will also require the Authority to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Authority, when performing functions or duties or exercising
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
Section 10A(2) makes it clear that new section 10A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Division 12--Amendment of Water Act 1989
Clause 93 will insert in section 3(1) of the Water Act 1989 definitions of
terms used in this Bill that are referenced in provisions being
inserted in the Water Act 1989. Those terms are Yarra
protection principles, Yarra River land, Yarra Strategic Plan
and Yarra Strategic Plan area.
31
Clause 94 will insert a new section 124A into the Water Act 1989.
Section 124A will impose an obligation on the Port Phillip
and Westernport Catchment Management Authority to not act
inconsistently with any part of a Yarra Strategic Plan that is
binding on the Authority when performing functions or duties
or exercising powers in relation to Yarra River land under the
Water Act 1989 or any other Act, other than in relation to a
declared project within the meaning of the Major Transport
Projects Facilitation Act 2009.
The new section will also require the Authority to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Authority, when performing functions or duties or exercising
powers under the Water Act 1989 or any other Act in relation to
land within the Yarra Strategic Plan area where the performance
of those functions or duties or exercise of those powers may
affect Yarra River land.
Section 124A(2) makes it clear that new section 124A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Clause 95 will insert a new section 171I into the Water Act 1989.
Section 171I will impose an obligation on the Melbourne
Water Corporation to not act inconsistently with any part of a
Yarra Strategic Plan that is binding on the Corporation when
performing functions or duties or exercising powers in relation
to Yarra River land under the Water Act 1989 or any other Act,
other than in relation to a declared project within the meaning of
the Major Transport Projects Facilitation Act 2009.
The new section will also require the Corporation to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Corporation, when performing functions or duties or exercising
powers under the Water Act 1989 or any other Act in relation to
land within the Yarra Strategic Plan area where the performance
of those functions or duties or exercise of those powers may
affect Yarra River land.
Section 171I(2) makes it clear that new section 171I is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
32
Clause 96 will insert a new section 190(3A) into the Water Act 1989 to
require the Melbourne Water Corporation to have regard to a
Yarra Strategic Plan as it applies to the Yarra River in preparing
a regional waterway strategy that relates to the Yarra River.
Division 13--Amendment of Wildlife Act 1975
Clause 97 will insert in section 3(1) of the Wildlife Act 1975 definitions
of terms used in this Bill that are referenced in provisions being
inserted in the Wildlife Act 1975. Those terms are Yarra
protection principles, Yarra River land, Yarra Strategic Plan
and Yarra Strategic Plan area.
Clause 98 will insert a new section 14A into the Wildlife Act 1975.
Section 14A will impose an obligation on the Secretary to not
act inconsistently with any part of a Yarra Strategic Plan that is
binding on the Authority when performing functions or duties or
exercising powers in relation to Yarra River land, other than in
relation to a declared project within the meaning of the Major
Transport Projects Facilitation Act 2009.
The new section will also require the Secretary to have regard
to the Yarra protection principles, and those parts of a Yarra
Strategic Plan that are not expressed to be binding on the
Secretary, when performing functions or duties or exercising
powers in relation to land within the Yarra Strategic Plan area
where the performance of those functions or duties or exercise
of those powers may affect Yarra River land.
Section 14A(2) makes it clear that new section 14A is not
intended to affect the operation of the Major Transport
Projects Facilitation Act 2009.
Part 11--Repeal of amending Parts
Clause 99 provides for Part 8 (except section 63) and Parts 9, 10 and this
Part of the Bill to be repealed on 1 December 2018. The clause
also provides for section 63 to be repealed on the first
anniversary of the day on which it comes into operation.
The repeals will not affect the continuing operations of
amendments to be made by those Parts--see section 15(1) of the
Interpretation of Legislation Act 1984.
33