Victorian Current Acts

FORESTS ACT 1958 - SECT 28

    (1)     The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

        (a)     the management of any land that is reserved forest and that is appointed land of that Board; or

        (b)     the carrying out of specified functions, powers or duties in relation to the management of any land that is reserved forest and that is appointed land of that Board.

    (2)     The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

S. 28(2A) inserted by No. 42/2021 s. 70(1).

    (2A)     The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.

    (3)     In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

    (4)     If an agreement under subsection (1)—

        (a)     provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

        (b)     provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 28(4A) inserted by No. 42/2021 s. 70(2).

    (4A)     If an agreement under subsection (1)—

        (a)     provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

        (b)     provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

S. 28(5) amended by No. 42/2021 s. 70(3).

    (5)     Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

Heading preceding s. 29 repealed by No. 96/1994 s. 56(c).

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S. 29 repealed by No. 41/1987 s. 103(Sch. 4 item 24.34), new s. 29 inserted by No. 73/2010 s. 49.