Victorian Current Acts

CATCHMENT AND LAND PROTECTION ACT 1994

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Objectives of Act  
   5.      Crown to be bound  

   PART 2--CATCHMENT AND LAND PROTECTION ADVISORY SYSTEM

           Division 2--Catchment and land protection regions

   10.     Areas and boundaries of catchment and land protection regions  

           Division 3--Catchment Management Authorities

   11.     Establishment of Authorities  
   11A.    Melbourne Water Corporation appointed for Port Phillip and Westernport Region  
   12.     Functions powers and duties of Authorities  
   12AA.   Obligations of Authorities in relation to declared areas  
   12AB.   Obligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region  
   13.     Appointment of administrator  
   14.     Application of Public Administration Act 2004  

           Division 4--Boards

   15AA.   Application of Division  
   15.     Board  
   16.     Function of boards  
   17.     Terms and conditions of appointment of members of boards  
   18.     Appointment of chairperson  
   18A.    Deputy chairperson  
   18B.    Acting appointments  
   18C.    When a member ceases to hold office  
   18D.    Removal from office of member  
   18E.    Validity of decisions  
   18F.    Improper use of information  
   18G.    Effect of pecuniary interests  
   18H.    What constitutes a pecuniary interest?  
   18I.    Pecuniary interest does not prevent voting and consideration of some questions  
   18J.    Effect of finding of guilt for offence against section 18G  
   18K.    Submission of returns by members and nominated officers  
   18L.    Information to be disclosed in primary and ordinary returns  
   18M.    Authority to maintain a register  
   18N.    Proceedings of the board of an Authority  
   18O.    Special meetings  
   18P.    Resolutions without meetings  
   18Q.    Allowances  
   18R.    Expenses  
   19.     Immunity of members  

           Division 4A--Advisory committees

   19AA.   Advisory committees established by the Minister  
   19AB.   Membership and procedures of advisory committees established by the Minister  

           Division 5--Other provisions relating to Catchment Management Authorities

   19A.    Power of Minister to give directions  
   19B.    Matter to be included in annual report  
   19C.    Corporate plans  
   19D.    Statement of corporate intent: contents  
   19E.    Statements of obligations of Authorities  
   19F.    Powers of delegation of an Authority  
   19G.    Chief Executive Officer  
   19H.    Delegation of powers of Chief Executive Officer  
   19I.    Employment of officers of Authorities  
   19J.    Committees established by Authorities  

   PART 3--DUTIES OF THE SECRETARY AND LAND OWNERS

   20.     General duties of land owners  
   21.     Additional duties of the Secretary  
   22.     Transfer of management responsibility  

   PART 3A--ROADSIDE WEED AND PEST ANIMAL MANAGEMENT PLANS

   22A.    Declaration of a municipal district  
   22B.    Roadside weed and pest animal management plan  
   22C.    Contents of a roadside weed and pest animal management plan  
   22D.    Preparation of plan  
   22E.    Time for preparing a roadside weed and pest animal management plan  
   22F.    Procedure for making a roadside weed and pest animal management plan  
   22G.    Minister may approve a roadside weed and pest animal management plan  
   22H.    Operation of roadside weed and pest animal management plan  
   22I.    Publication of roadside weed and pest animal management plan  
   22J.    Municipal council must implement plan  
   22K.    Variation of an approved roadside weed and pest animal management plan  
   22L.    Minister may request that plan be varied  
   22M.    Municipal council must publish varied plan  
   22N.    Suspension of approval of a roadside weed and pest animal management plan  
   22O.    Revocation of the approval of a roadside weed and pest animal management plan  
   22P.    Municipal council must provide information and documents to Minister  
   22Q.    Reporting  

   PART 4--CATCHMENT PLANNING

           Division 1--Regional catchment strategies

   23.     What is a regional catchment strategy?  
   24.     Contents of strategy  
   25.     Status of strategy  
   26.     Land managers to take strategy into account  

           Division 2--Special area plans

   27.     What are special areas?  
   28.     What is a special area plan?  
   29.     Can two or more plans apply to the same area?  
   30.     Contents of plan  
   31.     Status of plan  
   32.     Land managers to take special area plan into account  

           Division 3--Land use conditions

   33.     Secretary may serve land use conditions  
   34.     Status of land use conditions  
   35.     Offence to disobey land use condition  
   36.     Secretary may revoke land use condition  

   PART 5--LAND MANAGEMENT NOTICES

           Division 1--General

   37.     When can a land management notice be issued?  
   38.     Contents of a notice  
   39.     Requirements before service of a notice  
   40.     Status of land management notice  
   41.     Offence to disobey notice  
   42.     Revocation of land management notice  
   42A.    Variation of land management notice  

           Division 2--Interim land management notices

   43.     Interim land management notices  
   44.     Authority to be advised when notice served  

           Division 3--Land management notices and interim land management notices

   45.     Guidelines  
   46.     Landowner to notify Secretary of compliance with notice  
   47.     Relationship between land management notices and land use conditions  

   PART 5A--PRIORITY AREA NOTICE

   47A.    Notice of declaration of priority area  
   47B.    Contents of priority area notice  
   47C.    Service of copy of notice on land owner  
   47D.    Offence to fail to comply with notice  
   47E.    Land owner to notify Secretary of measures taken  
   47F.    Relationship between this Part and Part 5  

   PART 6--REVIEW OF LAND USE CONDITIONS AND LAND MANAGEMENT NOTICES

   48.     Review by Victorian Civil and Administrative Tribunal  
   48A.    Application for declaration  
   48B.    Matters Tribunal must take into account  

   PART 7--EXTRACTIVE ACTIVITIES

   49.     Definitions  
   50.     Application of Part  
   51.     Offence to carry out unauthorised extractive activity  
   52.     How to obtain an authority  
   53.     Contents of authority  
   54.     Use of security where conditions breached  
   55.     Expiry of old authority where application pending  
   56.     Secretary may suspend or revoke authority  
   57.     Relationship between this Part and Part 3  

   PART 8--NOXIOUS WEEDS AND PEST ANIMALS

           Division 1--Classification of pests

   58.     Classification of pests—general  
   58A.    Emergency declaration of State prohibited weed  
   58B.    Emergency declaration of prohibited pest animal  
   58C.    Declaration of notifiable species  
   59.     What cannot be declared under this Part?  
   60.     What are State prohibited weeds?  
   61.     What are regionally prohibited weeds?  
   62.     What are regionally controlled weeds?  
   63.     What are restricted weeds?  
   64.     What are prohibited pest animals?  
   65.     What are controlled pest animals?  
   66.     What are regulated pest animals?  
   67.     What are established pest animals?  
   68.     Revocation of declaration  
   69.     Action before recommendation  
   69A.    Amendment to Order under section 58  

           Division 2--General control of noxious weeds and pest animals

   70.     Controlling noxious weeds  
   70A.    Removing particular vehicles or other things on to or from a road  
   70B.    Directions notice  
   70C.    Offence to fail to comply with directions notice  
   70D.    Land owner to notify Secretary of measures taken under directions notice  
   71.     Offences relating to the spread of noxious weeds  
   71A.    Permits relating to noxious weeds  
   71B.    Revocation of permit granted under section 71A  
   71C.    Permit holder may surrender permit  
   72.     Destruction etc. of noxious weeds  
   74.     Offence to take pest animals in areas affected by chemicals  

           Division 3--Importing, keeping, trading in and releasing of pest animals

   75.     Offence to import, keep or sell pest animals  
   75A.    Offence to release pest animals  
   76.     Authority to keep pest animals  
   77.     Permits in relation to pest animals  
   77A.    Non-compliance with permit conditions  
   78.     Revocation of permit granted under section 77  
   78A.    Permit holder may surrender permit  

   PART 9--GENERAL

           Division 1--Enforcement

   79.     Secretary may do certain work  
   79AA.   Power of court to make an order for compensation to Secretary for expenses under section 79  
   79A.    Authorised officers to produce evidence of appointment  
   79B.    Production of documents or records  
   80.     Entry with consent  
   80A.    Entry of roadsides  
   81.     Entry with notice  
   82.     Emergency entry  
   83.     Entry with warrant  
   83A.    Further seizure powers  
   83B.    Announcement before entry  
   83C.    Details of warrant to be given to occupier  
   83D.    Searches of vehicles and boats  
   83E.    Searches of vehicles, trailers, machinery and equipment for noxious weeds  
   83EA.   Searches of personal property  
   83F.    Authorised officer may have assistance  
   83G.    Return of seized things  
   83H.    Magistrates' Court may extend 90 day period  
   83I.    Disposal of seized things  
   83J.    Requirements as to taking samples and seizure  
   83K.    Samples  
   83L.    Retention notices  
   83M.    Evidentiary provisions relating to retention notices  
   83N.    Authorised officer to comply with prescribed procedures  
   83O.    Authorised officer may require access to ratepayer details  
   84.     Offences relating to enforcement  
   84AA.   Protection against self-incrimination  
   84A.    Conduct by officers, employees or agents  
   85.     Notices for the purpose of this Act  
   85A.    Persons served with notices to inform Secretary if not land owner  
   85B.    Land owner must notify Secretary of transfer of land  

           Division 2--Simplification of proof

   86.     Certificate as to money owed to the Secretary  
   87.     Proof of taking pest animals  
   88.     Proof of keeping pest animals  
   89.     Proof of identity of plants or animals  
   90.     Certificates  

           Division 3--General

   91.     The Register  
   92.     Evidence of other matters  
   93.     Other Acts not affected  
   94.     Supreme Court—limitation of jurisdiction  

   PART 10--REGULATIONS AND SUBORDINATE INSTRUMENTS

   95.     Regulations  
   95A.     Incorporation of documents in certain subordinate instruments  

   PART 11--REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

           Division 1--Miscellaneous transitional provisions

   96.     Definition  
   97.     Validation of certain orders or other instruments  
   98.     Catchment Management Authorities deemed to be the same body  
   103.    Validation of actions of Boards  
   104.    Transitional provision Catchment and Land Protection (Further Amendment) Act 2006  
   105.    Transitional provision—Revocation of declarations under section 58  

           Division 2--Transitional provisions--Water and Catchment Legislation Amendment Act 2021

   106.    Definitions  
   107.    Transitional provision—Water and Catchment Legislation Amendment Act 2021  
   108.    Transfer of employees of Port Phillip Catchment Management Authority to Melbourne Water Corporation  

           Division 3--Agriculture Legislation Amendment Act 2022

   109.    Definition  
   110.    Transitional and savings provisions—Agriculture Legislation Amendment Act 2022  
           SCHEDULE 2
           SCHEDULE 5
           SCHEDULE 7
           ENDNOTES