Alpine Resorts Act 1983 (Vic)
Version No. 042
Alpine Resorts Act 1983
No. 9974 of 1983
Version incorporating amendments as at
6 April 2020
TABLE OF PROVISIONS
Section Page
Part I—Introductory
1Short title, commencement and Parts
2Definitions
3Act to bind Crown
Part IV—Declaration of alpine resorts
19Declaration of alpine resorts
21Alpine resorts deemed to be permanently reserved
22Falls Creek Alpine Resort—Construction of reference
23Roads not part of reservations
24Land deemed not to be part of municipal district
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 042
Alpine Resorts Act 1983
No. 9974 of 1983
Version incorporating amendments as at
6 April 2020
An Act to make Provision for the Establishment of an Alpine Resorts Commission, to make Provision with respect to the Powers, Duties and Functions of that Commission and the Development, Management and Improvement of Alpine Resorts, to amend the Forests Act 1958, the Local Government Act 1958, to repeal the Mount Hotham Alpine Resort Act 1972 and for other purposes.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Introductory
1Short title, commencement and Parts
(1)This Act may be cited as the Alpine Resorts Act 1983.
(2)The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
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2Definitions
In this Act unless inconsistent with the context or subject-matter—
alpine resort means any area of the State of Victoria declared to be an alpine resort under Part IV of this Act or added by this Act to an area declared to be an alpine resort;
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national park means national park within the meaning of the National Parks Act 1975;
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public Authority means any body (whether corporate or unincorporate) constituted by or under an Act of Parliament for a public purpose;
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3Act to bind Crown
This Act shall bind the Crown and every public authority.
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Part IV—Declaration of alpine resorts
19Declaration of alpine resorts
(1)The Governor in Council on the recommendation of the Minister may by Order published in the Government Gazette declare to be an alpine resort for the purposes of this Act any Crown lands (other than lands in a national park) at any of the places specified in the Schedule.
(2)Every Order under subsection (1) shall describe the boundaries of the alpine resort by reference to a plan lodged in the Central Plan Office.
(3)The area of an alpine resort shall not be diminished except by the express provisions of an Act of Parliament.
(4)Any lands within the boundaries of an alpine resort that are not Crown lands shall for the purpose of any of the provisions of this Part or of Part VI be deemed to be part of the alpine resort and the occupiers of any such lands shall be liable to make contributions under Part VI in respect of those lands.
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21Alpine resorts deemed to be permanently reserved
(1)All Crown lands in alpine resorts shall be deemed to be Crown lands permanently reserved as alpine resorts under section 4(1)(v) of the Crown Land (Reserves) Act 1978.
(2)Any reservation proclamation or declaration affecting any land in any alpine resort for any other purpose than that referred to in subsection (1) whether under the said section 4 or pursuant to the provisions of any other Act or law but not including any declaration of a special water supply catchment area under the Catchment and Land Protection Act 1994, is hereby revoked.
22Falls Creek Alpine Resort—Construction of reference
On and from the commencement of section 10 of the Alpine Resorts Legislation Amendment Act 2016, in the Order in Council made under this Act on 16 April 1985 and published in the Government Gazette on 17 April 1985, a reference to 'the plan numbered ARA No. 2 and entitled "Falls Creek Alpine Resort" lodged in the Central Plan Office of the Division of Survey and Mapping, Department of Conservation, Forests and Lands, Melbourne on 25 March 1985' is to be construed as a reference to 'the plan lodged in the Central Plan Office, entitled "Falls Creek Alpine Resort" and numbered A.R.A. 2/3'.
23Roads not part of reservations
On the commencement of this section, section 21 ceases to apply to the land comprised in—
(a)that part of the Great Alpine Road (Alpine Tourist Road) which is within the Mount Hotham Alpine Resort;
(b)that part of the Mount Buller Tourist Road which is within the Mount Buller Alpine Resort;
(c)that part of the Bogong High Plains Tourist Road which is within the Falls Creek Alpine Resort;
(d)that part of the Lake Mountain Tourist Road which is within the Lake Mountain Alpine Resort—
and the land becomes unalienated land of the Crown.
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24Land deemed not to be part of municipal district
Despite the Local Government Act 2020, any land which is in an alpine resort is deemed not to be part of any municipal district within the meaning of the Local Government Act 2020 and may not be added to a municipal district by an Order made under that Act.
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Schedule
Part A
Mount Hotham
Falls Creek
Mount Buller
Mount Stirling
Mount Baw Baw
Lake Mountain
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Endnotes
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Alpine Resorts Act 1983 was assented to on 29 November 1983 and came into operation as follows:
Sections 1–43, 44(2) on 28 March 1984: Government Gazette 28 March 1984 page 977; rest of Act on 17 April 1985: Government Gazette 17 April 1985 page 1101.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Alpine Resorts Act 1983 by Acts and subordinate instruments.
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Public Service (Amendment) Act 1984, No. 10046/1984
Assent Date: 1.5.84 Commencement Date: S. 9 on 30.4.85; rest of Act on 20.6.84: Government Gazette 13.6.84 p. 1886 CurrentState: All of Act in operation
Alpine Resorts (Amendment) Act 1986, No. 55/1986
Assent Date: 27.5.86 Commencement Date: 24.6.86: s. 2 CurrentState: All of Act in operation
Planning Appeals (Amendment) Act 1987, No. 9/1987 (as amended by No. 85/1987)
Assent Date: 28.4.87 Commencement Date: 1.8.87: Government Gazette 29.7.87 p. 1992 CurrentState: All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date: 19.5.87 Commencement Date: Ss 103(Sch. 4 item 2.1), 116(6) on 1.7.87: Government Gazette 24.6.87 p. 1694 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Planning and Environment Act 1987, No. 45/1987
Assent Date: 27.5.87 Commencement Date: S. 205(Sch. items 4–6) on 16.2.88: Government Gazette 10.2.88 p. 218 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
State Bank Act 1988, No. 29/1988
Assent Date: 17.5.88 Commencement Date: 9.6.88: Government Gazette 8.6.88 p. 1582 CurrentState: All of Act in operation
State Superannuation Act 1988, No. 50/1988
Assent Date: 24.5.88 Commencement Date: S. 93(2)(Sch. 2 Pt 2 item 3) on 1.7.88: Government Gazette 1.6.88 p. 1487 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 5.1–5.5) on 1.11.89: Government Gazette 1.11.89 p. 2798 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990
Assent Date: 18.12.90 Commencement Date: S. 40(1) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Alpine Resorts (Amendment) Act 1992, No. 24/1992
Assent Date: 16.6.92 Commencement Date: 16.6.92 CurrentState: All of Act in operation
Rural Finance (VEDC Abolition) Act 1993, No. 115/1993
Assent Date: 7.12.93 Commencement Date: 7.12.93 CurrentState: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 4) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984; s. 4(Sch. 2 item 5) on 1.1.95: Government Gazette 28.7.94 p. 2055 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Catchment and Land Protection Act 1994, No. 52/1994
Assent Date: 15.6.94 Commencement Date: S. 97(Sch. 3 item 3) on 15.12.94: s. 2(3) CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95 Commencement Date: S. 224(Sch. 2 item 5) on 5.10.95: Government Gazette 28.9.95 p. 2731 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995
Assent Date: 20.6.95 Commencement Date: S. 47 on 15.12.95: Government Gazette 14.12.95 p. 3488 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Electricity Industry (Further Amendment) Act 1995, No. 79/1995
Assent Date: 28.11.95 Commencement Date: S. 31 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Electricity Industry (Further Amendment) Act 1996, No. 48/1996
Assent Date: 26.11.96 Commencement Date: 26.11.96: s. 2 CurrentState: All of Act in operation
Co-operatives Act 1996, No. 84/1996
Assent Date: 23.12.96 Commencement Date: S. 467(Sch. 6 item 2.1) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Alpine Resorts (Management) Act 1997, No. 89/1997
Assent Date: 9.12.97 Commencement Date: S. 68 on 16.12.97: Special Gazette (No. 159) 16.12.97 p. 1; ss 66, 67, 69 on 30.4.98: Government Gazette 30.4.98 p. 926 CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
National Parks (Amendment) Act 2000, No. 50/2000
Assent Date: 14.6.00 Commencement Date: S. 12 on 25.1.01: Government Gazette 25.1.01 p. 100 CurrentState: This information relates only to the provision/s amending the Alpine Resorts 1983
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 8) on 22.11.00: s. 2(1) CurrentState: This information relates only to the provision/s amending the Alpine Resorts Act 1983
Alpine Resorts and National Parks Acts Amendment Act 2013, No. 17/2013
Assent Date: 23.4.13 Commencement Date: S. 4 on 1.8.13: Special Gazette (No. 277) 30.7.13 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts 1983
Alpine Resorts Legislation Amendment Act 2016, No. 62/2016
Assent Date: 15.11.16 Commencement Date: Ss 8–11 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts 1983
Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017
Assent Date: 24.10.17 Commencement Date: S. 68 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts 1983
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 3) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 CurrentState: This information relates only to the provision/s amending the Alpine Resorts 1983
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
No entries at date of publication.
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