Alpine Resorts Legislation Amendment Act 2022 (Vic)

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Alpine Resorts Legislation Amendment Act 2022

No. 9 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Alpine Resorts (Management) Act 1997

4Purposes

5Section 1A substituted and section 1B inserted

6Definitions

7Application of Road Management Act 2004

8Section 4 substituted

9Section 5 substituted

10New section 6A inserted

11Powers to lease reserved land in alpine resorts

12Leasing of land in strata

13Licence for strata of land

14Powers to enter into agreements and arrangements

15Contributions

16Parts 3 and 4 substituted

17Regulations

18Power of the Head, Transport for Victoria to enter into agreement as to property in the road project area

19Powers of Alpine Resorts Victoria to enter into agreements as to property in the road project area

20Agreement as to further assignment

21Divisions 1, 2 and 3 of Part 6 substituted

22Divisions 5 and 6 of Part 6 repealed

Part 3—Consequential amendment of other Acts

Division 1—Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021

23Amendment of section 1—Purposes

24Amendment of section 3—Definitions

25Amendment of section 16—Functions of the Head, Recycling Victoria

26Amendment of section 36—Charter of Engagement

27Amendment of section 50—Head, Recycling Victoria may collect, use, disclose or publish information

28Amendment of section 56—Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resort Management Boards

29Amendment of section 57—Head, Recycling Victoria may provide councils or Alpine Resort Management Boards with procurement advice and support

30Amendment of section 58—Procurement guidelines

31Amendment of section 60—Councils and Alpine Resort Management Boards to provide municipal waste and recycling services

32Amendment of section 104—Local government refund sharing protocol

33Amendment of Schedule 1—Subject-Matter for Regulations

Division 2—Amendment of Emergency Management Act 2013

34Amendment of section 54—Constitution of committees

35Amendment of section 59—Establishment of committees

36Amendment of section 59B—Chairperson of committee

37Amendment of section 59F—Functions of municipal councils

38Amendment of section 60AFA—Consultation during preparation of plans

39Amendment of section 60AI—Publication of plans

40Amendment of section 77A—Declaration of regions

Division 3—Amendment of Environment Protection Act 2017

41Amendment of section 3 of the Environment Protection Act 2017

Division 4—Amendment of Forests Act 1958

42Amendment of section 62 of the Forests Act 1958

Division 5—Amendment of Sustainability Victoria Act 2005

43Amendment of section 7 of the Sustainability Victoria Act 2005

Part 4—Repeal of this Act

44Repeal of this Act

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Endnotes

1      General information

Alpine Resorts Legislation Amendment Act 2022

No. 9 of 2022

[Assented to 16 March 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Alpine Resorts (Management) Act 1997—

(i)to establish a body corporate to be known as Alpine Resorts Victoria for the purposes of managing alpine resorts; and

(ii)to abolish the Alpine Resort Management Boards and to transfer their assets and liabilities to Alpine Resorts Victoria; and

(iii)to abolish the Alpine Resorts Co‑ordinating Council and transfer its assets and liabilities to the Secretary; and

(b)to make consequential and miscellaneous amendments to the Alpine Resorts (Management) Act 1997 and other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2024, it comes into operation on that day.

3Principal Act

In this Act, the Alpine Resorts (Management) Act 1997 is called the Principal Act.

Part 2—Amendment of Alpine Resorts (Management) Act 1997

4Purposes

For section 1(a) of the Principal Act substitute—

"(a)establish Alpine Resorts Victoria; and".

5Section 1A substituted and section 1B inserted

For section 1A of the Principal Act substitute—

"1A   Recognition of traditional owners

(1)The Parliament recognises that traditional owners, as the original custodians of the land in alpine resorts—

(a)have a unique status as the descendants of Australia's first people; and

(b)have a spiritual, social, cultural and economic relationship with the land in alpine resorts; and

(c)have made a unique and irreplaceable contribution to the identity and well‑being of the land in alpine resorts.

(2)The Parliament does not intend by this section—

(a)to create in any person any legal right or give rise to any civil cause of action; or

(b)to affect in any way the interpretation of this Act or of any other law in force in Victoria.

1BObject of this Act

The object of this Act is to promote—

(a)the management, development, promotion and use of alpine resorts that takes into account the following factors—

(i)the unique characteristics of each alpine resort;

(ii)the environment and ecology of the resorts and the effect of climate change on them;

(iii)economic considerations in relation to the resorts;

(iv)the cultural heritage and landscape of the resorts, including indigenous cultural heritage and the provisions of any relevant traditional owner recognition and settlement agreement; and

(b)provision for the use of alpine resorts in all seasons of the year by persons from different cultural and economic groups, primarily for the purposes of recreation and tourism.".

6Definitions

(1)In section 3 of the Principal Act insert the following definitions—

"alpine resorts principles means the principles set out in section 6A;

Alpine Resorts Victoria means the body corporate established under section 14;

corporate planning document means—

(a)a statement of corporate intent; or

(b)a corporate plan; or

(c)a business plan;

director means a director of the Board appointed under section 16(1);

Ministerial directions means any directions of the Minister given under section 19;

municipal council has the same meaning that Council has in the Local Government Act 2020;

planning Minister means the Minister administering the Planning and Environment Act 1987;

stakeholder consultative committee means a committee appointed under section 23(1);

statement of obligations means the statement of obligations made by the Minister under section 39, and if the statement is amended or varied under section 42, the statement as so amended or varied;

traditional owner recognition and settlement agreement has the same meaning as recognition and settlement agreement has in the Traditional Owner Settlement Act 2010.".

(2)In section 3 of the Principal Act, the definitions of Council, member and Strategic Management Plan are repealed.

(3)In section 3 of the Principal Act, for the definition of Board substitute—

"Board means the Board of Alpine Resorts Victoria;".

(4)In section 3 of the Principal Act, for the definition of Alpine Resorts Strategic Plan substitute—

"alpine resorts strategic plan means the plan made and endorsed under Division 1 of Part 4 and, if the plan has been amended under Division 2 of Part 4, the plan as so amended;".

7Application of Road Management Act 2004

In section 3A(2)(b) of the Principal Act, for "the relevant Board." substitute "Alpine Resorts Victoria.".

8Section 4 substituted

For section 4 of the Principal Act substitute—

"4 Alpine Resorts Victoria taken to be committee of management

Alpine Resorts Victoria is taken to be the committee of management under the Crown Land (Reserves) Act 1978 of all of the Crown land which is deemed to be permanently reserved under the Crown Land (Reserves) Act 1978 in the following—

(a)the Falls Creek Alpine Resort;

(b)the Lake Mountain Alpine Resort;

(c)the Mount Baw Baw Alpine Resort;

(d)the Mount Buller Alpine Resort;

(e)the Mount Hotham Alpine Resort;

(f)the Mount Stirling Alpine Resort.".

9Section 5 substituted

For section 5 of the Principal Act substitute—

"5   Operation of other Acts in relation to alpine resorts

(1)For the purposes of the Environment Protection Act 2017—

(a)Alpine Resorts Victoria is taken to be a municipal council for the alpine resorts; and

(b)the alpine resorts are taken to be a municipal district.

(2)For the purposes of the Emergency Management Act 2013—

(a)Alpine Resorts Victoria is taken to be a municipal council for the alpine resorts; and

(b)the alpine resorts are taken to be a municipal district; and

(c)the chief executive officer of Alpine Resorts Victoria is taken to be the chief executive officer of the body that is taken to be a municipal council under paragraph (a).

(3)Despite subsection (2), Alpine Resorts Victoria may appoint a municipal council to be the municipal council for an alpine resort in relation to emergency management.

(4)If a municipal council is appointed under subsection (3), for the purposes of the Emergency Management Act 2013—

(a)the municipal council is taken to be the municipal council for the alpine resort for which it has been appointed; and

(b)the alpine resort is taken to be part of the municipal district of that municipal council.

(5)An appointment under subsection (3) does not have effect unless it is approved by—

(a)the municipal council that is proposed to be appointed; and

(b)the Municipal Emergency Management Planning Committee established by the municipal council for its municipal district under section 59 of the Emergency Management Act 2013; and

(c)the Regional Emergency Management Planning Committee for the region in which the relevant alpine resort is located.".

10New section 6A inserted

After section 6 of the Principal Act insert—

"6A   Alpine resorts principles

(1)The Minister and Alpine Resorts Victoria, in performing their functions and exercising their powers under this Act and the regulations, must consider—

(a)protecting the unique environmental, social, cultural and economic characteristics of each alpine resort; and

(b)planning for and managing all alpine resorts in a co-ordinated manner that adapts to and responds to the impacts and risks of climate change; and

(c)the ongoing impact of the use of the alpine resorts on natural and cultural features and the ecology of the alpine resorts; and

(d)respecting, protecting and promoting Aboriginal self-determination, cultural values, practices, heritage and knowledge in the alpine resorts; and

(e)partnering with traditional owners in policy development, planning, and decision-making in the alpine resorts; and

(f)protecting and enhancing the amenity, access and use of each alpine resort, for the benefit and enjoyment of current and future generations of all Victorians; and

(g)promoting investment in a diverse range of tourism and recreation experiences, for all seasons, in each alpine resort.".

11Powers to lease reserved land in alpine resorts

(1)In section 7(1) of the Principal Act—

(a)for "The Board of an alpine resort" substitute "Alpine Resorts Victoria";

(b)for "the resort" substitute "an alpine resort".

(2)In section 7(2)(a) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

12Leasing of land in strata

(1)In section 7A(2) of the Principal Act—

(a)for "The Board of an alpine resort" substitute "Alpine Resorts Victoria";

(b)for "the Board—" substitute "Alpine Resorts Victoria—".

(2)In section 7A(3) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

(3)In section 7A(7) of the Principal Act, for "the Board" (where twice occurring) substitute "Alpine Resorts Victoria".

13Licence for strata of land

(1)In section 8A(1) of the Principal Act—

(a)for "the Board of an alpine resort" substitute "Alpine Resorts Victoria";

(b)for "the resort" substitute "an alpine resort".

(2)In section 8A(2) of the Principal Act, for "the Board granting the licence" substitute "Alpine Resorts Victoria in granting the licence".

(3)In section 8A(6) of the Principal Act, for "the Board" (where twice occurring) substitute "Alpine Resorts Victoria".

14Powers to enter into agreements and arrangements

(1)In section 12(3) of the Principal Act, for "the Board of the resort" substitute "Alpine Resorts Victoria".

(2)In section 12(5) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

15Contributions

(1)In section 13(1) of the Principal Act—

(a)for "A Board of a resort" substitute "Alpine Resorts Victoria";

(b)for "the Board" substitute "Alpine Resorts Victoria".

(2)In section 13(1) of the Principal Act—

(a)for paragraph (a) substitute—

"(a)waste disposal, including for the provision of any municipal recycling service, municipal residual waste service, and municipal food organics and garden organics service, within the meaning of the Circular Economy (Waste Reduction and Recycling) Act 2021, in accordance with the provisions of that Act or any other Act;";

(b)after paragraph (i) insert—

"(ia)ski patrols;".

(3)In section 13(2)(b) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

(4)In section 13(3) of the Principal Act—

(a)for "The Board" substitute "Alpine Resorts Victoria";

(b)for "the Board" substitute "Alpine Resorts Victoria".

(5)In section 13(5)(b) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

(6)In section 13(6) of the Principal Act, for "the Board" substitute "Alpine Resorts Victoria".

16Parts 3 and 4 substituted

For Parts 3 and 4 of the Principal Act substitute—

"Part 3—Alpine Resorts Victoria

Division 1—Establishment and functions of Alpine Resorts Victoria

14Establishment of Alpine Resorts Victoria

(1)Alpine Resorts Victoria is established.

(2)Alpine Resorts Victoria—

(a)is a body corporate with perpetual succession; and

(b)has a common seal; and

(c)may sue and be sued in its corporate name; and

(d)may acquire, hold and dispose of real and personal property; and

(e)may do and suffer all acts and things that a body corporate may, by law, do and suffer.

15Common seal of Alpine Resorts Victoria

(1)The common seal of Alpine Resorts Victoria—

(a)must be kept in custody as directed by Alpine Resorts Victoria; and

(b)must not be used except as authorised by Alpine Resorts Victoria.

(2)All courts must take judicial notice of the seal of Alpine Resorts Victoria affixed to a document and, until the contrary is proved, must presume that it was duly affixed.

16Constitution and directorship of Board of Alpine Resorts Victoria

(1)Alpine Resorts Victoria has a Board of directors that consists of not fewer than 3 and not more than 9 directors appointed by the Minister by instrument.

(2)In appointing a person under subsection (1), the Minister must ensure that collectively the directors of the Board have skills, qualifications, knowledge and experience in relation to—

(a)alpine environments, activities and tourism; and

(b)financial management, commercial acumen or economic development; and

(c)natural resources management; and

(d)cultural knowledge and authority arising from experience as a traditional owner of land in alpine resorts; and

(e)environmental conservation; and

(f)public administration or governance.

17Alpine Resorts Victoria represents the Crown

In carrying out its functions and powers, Alpine Resorts Victoria represents the Crown.

18Alpine Resorts Victoria subject to direction and control of Minister

In carrying out its functions and powers, Alpine Resorts Victoria is subject to the general direction and control of the Minister.

19Ministerial directions

(1)The Minister may give directions to Alpine Resorts Victoria on the performance, discharge or exercise by it of its functions, duties or powers.

(2)The Minister may direct Alpine Resorts Victoria to expend or apply its revenue for any purpose (whether or not related to an alpine resort), being a purpose that is not inconsistent with the object of this Act.

(3)Alpine Resorts Victoria must comply with a direction under subsection (1) or (2) in carrying out its functions and powers.

(4)Alpine Resorts Victoria must publish in its annual report—

(a)a statement or summary of the contents of all directions given to it under this section; and

(b)a statement setting out the actions Alpine Resorts Victoria has undertaken to comply with each direction.

20Alpine Resorts Victoria is a public entity and a public body

(1)Alpine Resorts Victoria is a public entity for the purposes of the Public Administration Act 2004.

(2)Alpine Resorts Victoria is a public body for the purposes of the Financial Management Act 1994.

21Functions of Alpine Resorts Victoria

(1)The functions of Alpine Resorts Victoria are—

(a)to manage each alpine resort in accordance with the object of this Act and alpine resorts principles; and

(b)to develop the alpine resorts strategic plan; and

(c)to undertake other strategic planning that Alpine Resorts Victoria considers necessary to plan for the development, promotion, management and improvement of alpine resorts in accordance with the object of this Act and the alpine resorts principles; and

(d)to provide strategic tourism activities and marketing, taking into consideration the needs of each alpine resort; and

(e)to expend or apply revenue of Alpine Resorts Victoria; and

(f)to act as a committee of management of any Crown land as provided for in section 4; and

(g)to arrange for the provision of services for each alpine resort as Alpine Resorts Victoria deems necessary, including but not limited to the following—

(i)waste disposal, including the provision of municipal recycling services, municipal residual waste services, and municipal food organics and garden organics services, within the meaning of the Circular Economy (Waste Reduction and Recycling) Act 2021, in accordance with the provisions of that Act or any other Act;

(ii)water supply;

(iii)gas;

(iv)drainage;

(v)sewerage;

(vi)electricity;

(vii)roads;

(viii)fire protection;

(ix)snowmaking;

(x)ski patrols;

(xi)transport; and

(h)in accordance with section 13, to charge contributions for the services provided under paragraph (g); and

(i)to determine and collect fees for each alpine resort in accordance with the regulations; and

(j)to attract investment for the improvement of each alpine resort; and

(k)to advise the Minister on matters relating to these functions or powers or on any other matter referred to Alpine Resorts Victoria by the Minister; and

(l)to liaise with and encourage the co‑operation of all State and local government authorities, industries, communities and other persons involved in the development, promotion, management and use of alpine resorts; and

(m)to carry out any other function conferred on Alpine Resorts Victoria by or under this or any other Act.

(2)In relation to Mount Stirling Alpine Resort, Alpine Resorts Victoria must exercise its functions under subsection (1) subject to the following principles—

(a)that the resort must be planned for, developed, promoted and managed as a nature-based tourist, recreational and educational resource for all seasons of the year; and

(b)that there are not to be any ski lifts in the resort.

22Powers of Alpine Resorts Victoria

(1)Alpine Resorts Victoria may do anything necessary or convenient to enable it to carry out its functions.

(2)The general powers conferred on Alpine Resorts Victoria by this section are not limited by any other powers conferred on Alpine Resorts Victoria by this Act.

(3)For the purpose of carrying out its functions Alpine Resorts Victoria has the power to enter into contracts, agreements or arrangements and to carry them out.

(4)For the purposes of sections 14C, 14D and 14E of the Crown Land (Reserves) Act 1978, Alpine Resorts Victoria is taken to be an incorporated committee.

23Stakeholder consultative committees

(1)Alpine Resorts Victoria must appoint a stakeholder consultative committee for each alpine resort.

(2)Each stakeholder consultative committee must have members who represent persons whose interests Alpine Resorts Victoria considers are likely to be affected by the promotion, operation, management, development and use of the resort in respect of which the committee is appointed.

(3)The function of each stakeholder consultative committee is, for the resort in respect of which the committee is appointed, to give to Alpine Resorts Victoria the opinions and response of the community of that resort about—

(a)matters relating to the promotion, operation, management, development and use of the resort; and

(b)strategic matters affecting alpine resorts and surrounding communities; and

(c)the development of the alpine resorts strategic plan; and

(d)matters relating to contributions fixed under section 13 and fees.

Division 2—Terms of appointment of directors and procedure of Board

24Terms of appointment of directors other than chairperson or deputy chairperson

(1)A director holds office for the period, not exceeding 4 years, specified in the director's instrument of appointment.

(2)A director is eligible for re-appointment.

(3)The instrument of appointment of a director may specify terms and conditions of appointment, including any payment of remuneration or expenses.

(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a director in respect of the office of director.

25Chairperson and deputy chairperson

(1)The Minister must appoint—

(a)one of the directors of the Board to be the chairperson of the Board; and

(b)one of the directors of the Board to be the deputy chairperson of the Board.

(2)If the chairperson is absent or unable to perform the duties of the chairperson, the deputy chairperson must act as chairperson and, while acting as chairperson, has all the powers and duties of the chairperson.

26Terms of appointment of chairperson and deputy chairperson

(1)A person appointed as chairperson or deputy chairperson holds that office for the period, not exceeding 4 years, specified in the person's instrument of appointment, and is eligible for re-appointment.

(2)The instrument of appointment of the chairperson or deputy chairperson of the Board may specify terms and conditions of appointment, including any payment of remuneration or expenses.

(3)A person appointed as chairperson or deputy chairperson ceases to hold that office on ceasing to be a director.

27Resignation and removal of directors

(1)A director may resign the office of director by notice in writing addressed to the Minister.

(2)The Minister may remove a director from office at any time.

(3)Without limiting subsection (2), the Minister may remove a director if—

(a)the Minister considers that the director is no longer suitable to hold office as a director; or

(b)the director—

(i)becomes incapable of performing the director's duties; or

(ii)is negligent in the performance of the director's duties; or

(iii)engages in improper conduct; or

(iv)fails to declare a pecuniary or other interest as required under section 81(1)(f) of the Public Administration Act 2004.

28Vacancies of a director's office

(1)The office of a director becomes vacant if the director—

(a)dies; or

(b)resigns in writing to the Minister; or

(c)is removed from office under section 27; or

(d)becomes insolvent under administration; or

(e)is convicted of—

(i)an indictable offence; or

(ii)an offence which, if committed in Victoria, would be an indicatable offence.

(2)The Minister may fill a vacant office in accordance with this Part.

29Fees and allowances

A director and a member of any committee appointed under section 34 is entitled to receive the fees, travelling and other allowances from time to time fixed by the Board in respect of that director or member.

30Validity of decisions of Board

An act or decision of the Board is not invalid only because—

(a)of a vacancy in the office of a director; or

(b)of a defect or irregularity in the appointment of any director; or

(c)in the case of an acting director, the occasion for that director so acting had not arisen or had ceased.

31Presiding at meetings of Board

The person who is to preside at a meeting of the Board is—

(a)the chairperson, if the chairperson is present; or

(b)the deputy chairperson, if the chairperson is absent; or

(c)if both the chairperson and the deputy chairperson are absent, a director elected to preside by the directors of the Board present at the meeting.

32Procedure of Board

(1)Subject to subsection (2), meetings of the Board are to be held at such times and places as the chairperson determines.

(2)The chairperson of the Board—

(a)may determine the times and places at which Board meetings are to be held; and

(b)may permit directors to participate in a particular meeting, or in all meetings, by—

(i)telephone; or

(ii)closed-circuit television; or

(iii)any other means of communication; and

(c)may at any time convene a meeting; and

(d)must convene a meeting when requested to do so by a director.

(3)A director who participates in a meeting under a permission under subsection (2)(b) is taken to be present at the meeting.

(4)A majority of the directors for the time being constitutes a quorum of the Board.

(5)A question arising at a meeting must be determined by a majority of votes of directors present and voting on that question and, if the voting is equal, the person presiding has a casting vote as well as a deliberative vote.

(6)The person presiding must ensure that minutes are kept of each of its meetings.

(7)The Board may otherwise regulate its own procedure.

33Disclosure of interest of director

(1)A director who has a direct or indirect pecuniary interest in a contract or other matter being dealt with by the Board must disclose the nature of that interest at a meeting of the Board as soon as possible after becoming aware of the interest.

(2)A director who holds an office or possesses property as a result of which, directly or indirectly, duties or interests may be created in conflict with the director's duties as a director, must disclose that fact at a meeting of the Board as soon as possible after becoming aware of the potential conflict.

(3)The person presiding at a meeting at which a disclosure under this section is made must cause that disclosure to be recorded in the minutes of the meeting.

(4)A person who has made a disclosure under this section must not take any further part in the discussion of or vote on the contract or other matter to which the disclosure relates.

(5)If a director votes on a matter in contravention of subsection (4), the director's vote must be disallowed.

34Committees of Board

(1)For the purposes of this Act, the Board may appoint any committees that it considers necessary to advise the Board and make recommendations to the Board on any matters that are or may come before the Board.

(2)A committee appointed under subsection (1) may consist of—

(a)any directors; and

(b)any other persons able to give expert advice to the committee.

(3)The Board may abolish a committee appointed under subsection (1).

(4)The Board may determine the procedure of a committee appointed under subsection (1).

35Delegation

(1)Alpine Resorts Victoria, by instrument, may delegate any of its functions or powers under this Act, the regulations or any other Act or regulations other than the following powers to one or more persons or classes of person specified in subsection (2)—

(a)this power of delegation;

(b)a power that Alpine Resorts Victoria has as a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978;

(c)the power to employ a chief executive officer, however described;

(d)the power to set contributions, fees and charges under this Act.

(2)For the purposes of subsection (1), the following persons are specified—

(a)a director;

(b)a committee appointed under section 34;

(c)the chief executive officer, an employee or a class of employee of Alpine Resorts Victoria;

(d)a person or a member of a class of person employed under the Public Administration Act 2004 in the administration of this Act or any other Act.

Division 3—Staffing and financial matters

36General Account

(1)Alpine Resorts Victoria must keep an account to be called the General Account.

(2)Alpine Resorts Victoria must ensure that there is paid into the General Account—

(a)all contributions, fees and charges received or recovered by Alpine Resorts Victoria under this Act or any other Act; and

(b)all other money received by Alpine Resorts Victoria or on Alpine Resorts Victoria's behalf.

(3)Alpine Resorts Victoria may pay money out of its General Account—

(a)to meet any expenses incurred in carrying out its functions or powers; and

(b)in paying or repaying money borrowed by it under this Act or the Crown Land (Reserves) Act 1978, together with any charges or interest on that money; and

(c)in paying remuneration or expenses to which the directors of the Board or staff of Alpine Resorts Victoria or any members of committees are entitled; and

(d)for any other purposes authorised by this Act or the Crown Land (Reserves) Act 1978.

(4)Subject to section 19, Alpine Resorts Victoria may expend or apply revenue in the General Account received or collected under this Act or any other Act in any manner it sees fit, despite anything to the contrary in section 15 of the Crown Land (Reserves) Act 1978.

37Appointment of chief executive officer

(1)Alpine Resorts Victoria may appoint a chief executive officer for Alpine Resorts Victoria.

(2)Alpine Resorts Victoria may appoint a person to act as chief executive officer for Alpine Resorts Victoria during any period when—

(a)the chief executive officer is absent from duty; or

(b)the chief executive officer is unable to perform the duties of chief executive officer; or

(c)there is a vacancy in the office of chief executive officer.

(3)A person who is appointed under subsection (2) has, for the duration of that appointment, all the powers and may perform all the duties of the chief executive officer.

(4)An appointment under this section is on the terms and conditions, including conditions as to remuneration, allowances and expenses, as are determined by Alpine Resorts Victoria.

(5)The chief executive officer is not eligible to be appointed as a director of the Board.

38Staff

Alpine Resorts Victoria may employ any persons it considers necessary to enable Alpine Resorts Victoria to perform its functions or duties or exercise its powers.

Division 4—Statement of obligations

39Minister may make statement of obligations

(1)The Minister may make a statement of obligations that sets out the obligations that Alpine Resorts Victoria must comply with in performing its functions and exercising its powers or duties.

(2)Without limiting subsection (1), a statement of obligations may include provisions relating to the following—

(a)governance arrangements;

(b)performance standards and outcomes;

(c)matters to be addressed in the alpine resorts strategic plan;

(d)management priorities for each alpine resort or land in an alpine resort;

(e)the implementation of government policies and strategies by Alpine Resorts Victoria;

(f)collaboration or consultation with other government and non-government bodies, traditional owners and the community.

(3)The Minister must give a copy of the statement of obligations to Alpine Resorts Victoria as soon as possible after it is made.

40Process for making a statement of obligations

(1)Before making a statement of obligations under this Division, the Minister must give Alpine Resorts Victoria notice of the proposal to make the statement.

(2)A notice under subsection (1) must set out—

(a)the substance of the proposed statement; and

(b)the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

41Publication and commencement of statement of obligations

(1)The Minister must publish the statement of obligations in the Government Gazette within 14 days after the making of the statement.

(2)Alpine Resorts Victoria must publish the statement of obligations on its Internet site.

(3)The statement of obligations comes into operation on the day on which it is published in the Government Gazette.

42Amendment or variation of statement of obligations

(1)The Minister may amend or vary a statement of obligations.

(2)Before amending or varying a statement of obligations, the Minister must give Alpine Resorts Victoria notice of the proposal to amend or vary the statement that sets out—

(a)the substance of the proposed amendment or variation; and

(b)the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

(3)Subsection (2) does not apply if the proposed amendment or variation is of a machinery, declaratory or minor technical nature.

(4)The Minister must give a copy of the amended or varied statement of obligations to Alpine Resorts Victoria as soon as possible after the amendment or variation is made.

43Publication and commencement of amended or varied statement of obligations

(1)The Minister must publish the amended or varied statement of obligations in the Government Gazette within 14 days of the making of the amendment or variation.

(2)Alpine Resorts Victoria must publish the amended or varied statement of obligations on its Internet site.

(3)The amended or varied statement of obligations comes into operation on the day on which it is published in the Government Gazette.

44Revocation of statement of obligations

(1)The Minister may revoke a statement of obligations.

(2)Before revoking a statement of obligations, the Minister must give Alpine Resorts Victoria notice of the proposal to revoke the statement that sets out—

(a)the substance of the statement that is proposed to be revoked; and

(b)the date by which Alpine Resorts Victoria must respond to the proposal, being not less than 28 days after the day on which the notice of the proposal was given to Alpine Resorts Victoria.

(3)The Minister must give Alpine Resorts Victoria a notice of revocation of the statement of obligations as soon as possible after the statement of obligations is revoked.

45Publication and commencement of revocation of statement of obligations

(1)The Minister must publish the notice of revocation of a statement of obligations in the Government Gazette within 14 days of the making of the notice.

(2)Alpine Resorts Victoria must publish notice of the revocation of a statement of obligations on its Internet site.

(3)The revocation of a statement of obligations comes into operation on the day on which notice of the revocation of the statement of obligations is published in the Government Gazette.

Division 5—Corporate plan

46Corporate planning documents of Alpine Resorts Victoria

(1)The Minister, in writing, may request Alpine Resorts Victoria to prepare a corporate planning document to provide to the Minister.

(2)If requested under subsection (1), Alpine Resorts Victoria must prepare and provide a corporate planning document to the Minister within any time specified by the Minister under this section.

(3)A request under subsection (1) must—

(a)specify the date by which the corporate planning document must be provided to the Minister; and

(b)specify the information to be included in the corporate planning document and the form in which the information must be provided.

(4)A corporate planning document may be amended at any time by Alpine Resorts Victoria with the approval of the Minister.

(5)The Minister, in writing, may direct Alpine Resorts Victoria to amend a corporate planning document at any time by including or omitting any specified information.

(6)Alpine Resorts Victoria must comply with a direction under subsection (5).

(7)The whole or any part of any corporate planning document must not be published or made available, except for the purposes of this Part, without the prior approval of the Minister.

47Alpine Resorts Victoria to notify Minister of significant affecting events

Alpine Resorts Victoria must immediately notify the Minister if it is of the opinion that matters have arisen that may prevent or significantly affect the achievement of—

(a)the objectives of Alpine Resorts Victoria under the corporate plan; or

(b)financial targets under the plan.

Part 4—Alpine resorts strategic plan

Division 1—Making and endorsement of alpine resorts strategic plan

48Making of alpine resorts strategic plan

(1)Alpine Resorts Victoria must make a plan that—

(a)provides for the long-term strategic objectives for the alpine resorts and sets out the principles that are to be followed to achieve those objectives; and

(b)sets out the challenges to be faced by, and opportunities presented to, the alpine resorts; and

(c)identifies the priorities for the protection, management and use of each alpine resort; and

(d)sets out the actions that may be taken to—

(i)achieve the object of this Act and alpine resorts principles; and

(ii)implement the plan, including actions to be set out in strategic management plans for each alpine resort; and

(e)contains any matters specified by the Ministerial directions or statement of obligations; and

(f)sets out management plans for each alpine resort that comply with subsection (2).

(2)In the management plan for each alpine resort, Alpine Resorts Victoria must set out, in relation to the protection, management and use of the alpine resort, strategies to deal with the specific needs and characteristics of the resort.

(3)In making the plan under subsection (1), Alpine Resorts Victoria must comply with—

(a)any Ministerial directions; and

(b)any statement of obligations.

(4)The plan under subsection (1) must be consistent with—

(a)the object of this Act and the alpine resorts principles;

(b)the purposes for which any land is reserved or deemed to be reserved under the Crown Land (Reserves) Act 1978.

49Notice of making of alpine resorts strategic plan

Alpine Resorts Victoria must cause notice of the making of the plan under section 48 to be published within 14 days after the plan is made—

(a)in the Government Gazette; and

(b)on the Internet site of Alpine Resorts Victoria.

50Consultation before making the plan

(1)Before making a plan under section 48, Alpine Resorts Victoria must consult with—

(a)the stakeholder consultative committee appointed for each resort; and

(b)representatives of traditional owner groups; and

(c)any Minister or public authority whose area of responsibility Alpine Resorts Victoria considers is likely to be affected by the plan; and

(d)the municipal council of any municipal district that is adjacent to an alpine resort; and

(e)representatives of the holders of leases over land in the alpine resorts or of licences to use land in the alpine resorts; and

(f)any other persons or local organisations whose interests Alpine Resorts Victoria considers are likely to be affected by the plan.

51Consideration of plan by Minister

(1)On making a plan under section 48, Alpine Resorts Victoria must refer the plan to the Minister for consideration.

(2)The Minister must consider the plan referred under subsection (1) and, after consulting with the planning Minister, may—

(a)endorse the plan; or

(b)endorse the plan with any amendments the Minister considers appropriate; or

(c)refer the plan back to Alpine Resorts Victoria for further consideration.

52Publication of notice of alpine resorts strategic plan

(1)The Minister must cause notice of the endorsement of the alpine resorts strategic plan to be published in the Government Gazette as soon as practicable after it is endorsed under section 51.

(2)The alpine resorts strategic plan comes into operation on—

(a)the day on which notice under subsection (1) is published in the Government Gazette; or

(b)any later date stated in the plan.

(3)As soon as practicable after notice of the endorsement of the alpine resorts strategic plan is published in the Government Gazette under subsection (1), Alpine Resorts Victoria must publish a copy of the alpine resorts strategic plan—

(a)on its Internet site; and

(b)in the Government Gazette.

Note

See section 16A(2) of the Subordinate Legislation Act 1994.

Division 2—Review, amendment and revocation of alpine resorts strategic plan

53Review of alpine resorts strategic plan

(1)Alpine Resorts Victoria must review the alpine resorts strategic plan—

(a)at any time at the direction of the Minister; or

(b)if no direction is given, at the end of 5 years following the endorsement of the plan.

(2)Sections 49 to 52 apply to the review of the alpine resorts strategic plan under subsection (1)—

(a)as if the review were the making of the plan; and

(b)with any other necessary modifications.

54Amendment of alpine resorts strategic plan

(1)Alpine Resorts Victoria may substantively amend the alpine resorts strategic plan.

(2)Sections 49 to 52 apply to the making of an amendment under subsection (1) to the alpine resorts strategic plan—

(a)as if the making of the amendment were the making of the plan; and

(b)with any other necessary modifications.

55Minor amendment of plan

(1)In addition to section 54, Alpine Resorts Victoria may make amendments to the alpine resorts strategic plan that are of a machinery, declaratory or minor technical nature.

(2)As soon as practicable after making an amendment under subsection (1), Alpine Resorts Victoria must—

(a)publish notice of the making of the amendment and a copy of the amended plan on the Internet site of Alpine Resorts Victoria; and

(b)give written notice of the making of the amendment to the Minister.

56Minister may revoke alpine resorts strategic plan

(1)The Minister may revoke the alpine resorts strategic plan by notice in writing given to Alpine Resorts Victoria.

(2)Alpine Resorts Victoria must publish notice of a revocation under subsection (1) in the Government Gazette and on the Internet site of Alpine Resorts Victoria within 14 days of being notified of the revocation under subsection (1).

(3)A revocation under subsection (1) takes effect on the day on which notice is published under subsection (2).

56ALand managers and other authorities to take alpine resorts strategic plan into account

(1)A person or body specified in subsection (2) must take all reasonable steps to give effect to the alpine resorts strategic plan when performing a function involving land management or land use planning that affects an alpine resort—

(a)on behalf of the Crown; or

(b)under an Act.

(2)For the purposes of subsection (1), the following entities are specified—

(a)a Minister;

(b)a public authority;

(c)a committee of management of reserved Crown land;

(d)a municipal council;

(e)Alpine Resorts Victoria.".

17Regulations

For section 57(1)(j), (k), (l) and (m) of the Principal Act substitute—

"(j)the imposition, collection and receipt of fees or other charges for or in respect of the following—

(i)entry into any alpine resort or any specified part of an alpine resort by any persons, animals, vehicles, boats or aircraft;

(ii)use of any improvements, services or facilities in any alpine resort (including carparks);

(iii)access and use of any land in any alpine resort;

(k)in relation to fees imposed under paragraph (j)—

(i)fixing annual fees or fees by reference to a shorter period; or

(ii)waiving or reducing any requirement to pay a fee; or

(iii)fixing fees by reference to a class of person or thing;".

18Power of the Head, Transport for Victoria to enter into agreement as to property in the road project area

(1)In section 57C(1) of the Principal Act, for "the Mount Hotham Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(2)In section 57C(2) of the Principal Act—

(a)for "the Mount Hotham Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)for "the Board" substitute "Alpine Resorts Victoria".

19Powers of Alpine Resorts Victoria to enter into agreements as to property in the road project area

(1)In the heading to section 57D of the Principal Act, for "Mount Hotham Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(2)In section 57D(1) of the Principal Act—

(a)for "the Mount Hotham Alpine Resort Management Board" (where twice occurring) substitute "Alpine Resorts Victoria";

(b)in paragraph (b), for "the Board" substitute "Alpine Resorts Victoria".

(3)In section 57D(3) of the Principal Act, for "the Mount Hotham Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

20Agreement as to further assignment

In section 57E of the Principal Act, for "the Mount Hotham Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

21Divisions 1, 2 and 3 of Part 6 substituted

For Divisions 1, 2 and 3 of Part 6 of the Principal Act substitute—

"Division 1—Transitional provisions—Alpine Resorts Legislation Amendment Act 2022

58Definitions

In this Division—

Alpine Resorts Co-ordinating Council means the Alpine Resorts Co-ordinating Council established under this Act immediately before the commencement day;

commencement day means the day on which section 16 of the 2022 Act comes into operation;

municipal emergency management plan has the same meaning as in section 3 of the Emergency Management Act 2013;

Municipal Emergency Management Planning Committee has the same meaning as in section 3 of the Emergency Management Act 2013;

new body, in relation to emergency management in an alpine resort, means the person or body that is taken to be the municipal council in relation to that resort under section 5, as amended by the 2022 Act;

old Board means an Alpine Resort Management Board established under this Act immediately before the commencement day;

transferred employee means an employee of an old Board who is taken to be an employee of Alpine Resorts Victoria in accordance with section 60(1);

transferred executive employee means an executive employee of an old Board who is taken to be an employee of Alpine Resorts Victoria under section 61(1);

2022 Act means the Alpine Resorts Legislation Amendment Act 2022.

59Transitional arrangements for Alpine Resort Management Boards

(1)On the commencement day—

(a)the old Boards are abolished; and

(b)all members of the old Boards go out of office.

(2)On and from the commencement day—

(a)Alpine Resorts Victoria is the successor in law of each old Board for the purposes of any matter; and

(b)all property, rights and assets of each old Board immediately before its abolition become property, rights and assets of Alpine Resorts Victoria; and

(c)all liabilities, debts and obligations of each old Board immediately before its abolition become liabilities, debts and obligations of Alpine Resorts Victoria; and

(d)Alpine Resorts Victoria is substituted as a party to any proceeding pending in any court or tribunal to which an old Board was a party immediately before the commencement day; and

(e)Alpine Resorts Victoria is substituted as a party to any contract or arrangement entered into by or on behalf of an old Board that was in force immediately before the commencement day.

(3)Any reference to an old Board (however described) in any Act, proclamation, subordinate instrument, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, is taken to be a reference to Alpine Resorts Victoria.

(4)Without limiting this section, on and from the commencement day, any contributions fixed under section 13 and required to be paid to a Board are taken to be contributions fixed by Alpine Resorts Victoria under section 13 as amended by the 2022 Act and are payable to Alpine Resorts Victoria accordingly.

60Transfer of non-executive staff from Alpine Resort Management Boards to Alpine Resorts Victoria

(1)On and from the commencement day, a person is taken to be an employee of Alpine Resorts Victoria if the person was an employee of an old Board immediately before the commencement day.

(2)This section does not apply to an executive employee to whom section 61 applies.

(3)A transferred employee is taken to—

(a)be employed on the same terms and conditions as the transferred employee had under the transferred employee's employment with the old Board immediately before the commencement day; and

(b)have accrued an entitlement to benefits in connection with the employment with Alpine Resorts Victoria that is equivalent to the entitlement that the transferred employee had accrued, as an employee of the old Board, immediately before the commencement day.

(4)The service of a transferred employee with Alpine Resorts Victoria is taken to be continuous with the service of the transferred employee as an employee of the old Board that ceased immediately before the commencement day.

(5)A transferred employee is not entitled to receive any payment or other benefit merely because the transferred employee ceased to be an employee of the old Board because of the operation of this Division.

61Transfer of executive staff from Alpine Resort Management Boards to Alpine Resorts Victoria

(1)On and from the commencement day, a person who was an executive employee of an old Board and who, immediately before the commencement day, was remunerated as an executive in accordance with any policy as to the remuneration of executives made under an order under section 92 of the Public Administration Act 2004, is taken to be an executive employee of Alpine Resorts Victoria.

(2)Subject to subsection (3), a transferred executive employee is taken to—

(a)be employed on the same terms and conditions as the transferred executive employee had under the transferred executive employee's employment with the old Board immediately before the commencement day; and

(b)have accrued an entitlement to benefits in connection with the employment with the Alpine Resorts Victoria that is equivalent to the entitlement that the transferred executive employee had accrued, as an executive employee of the old Board, immediately before the commencement day.

(3)Nothing in this section requires a transferred executive employee to be transferred to a role with the same functions, duties or powers or position, role or title that the person had immediately before the commencement day.

(4)The service of a transferred executive employee with Alpine Resorts Victoria is taken to be continuous with the service of the transferred executive employee as an employee of the old Board that ceased immediately before the commencement day.

(5)A transferred executive employee is not entitled to receive any payment or other benefit merely because the transferred executive employee ceased to be an executive employee of the old Board because of the operation of this Division.

62Transitional arrangements for Alpine Resorts Co-ordinating Council

(1)On the commencement day, the Alpine Resorts Co-ordinating Council is abolished.

(2)On and from the commencement day—

(a)the Secretary is the successor in law of the Alpine Resorts Co-ordinating Council for the purposes of any matter; and

(b)all property, rights and assets of the Alpine Resorts Co-ordinating Council immediately before its abolition become property, rights and assets of the Secretary; and

(c)all liabilities, debts and obligations of the Alpine Resorts Co-ordinating Council immediately before its abolition become liabilities, debts and obligations of the Secretary; and

(d)the Secretary is substituted as a party to any proceeding pending in any court or tribunal to which the Alpine Resorts Co-ordinating Council was a party immediately before the commencement day; and

(e)the Secretary is substituted as a party to any contract or arrangement entered into by or on behalf of the Alpine Resorts Co-ordinating Council that was in force immediately before the commencement day; and

(f)the members of the Alpine Resorts Co‑ordinating Council go out of office.

(3)Any reference to the Alpine Resorts Co‑ordinating Council in any Act, proclamation, subordinate instrument, order, agreement, instrument, deed or other document, so far as it relates to any period after the commencement day, and if not inconsistent with the context or subject matter, is taken to be a reference to the Secretary.

(4)All obligations of the accountable officer of the Alpine Resorts Co-ordinating Council under the Financial Management Act 1994 existing immediately before the commencement day become the obligations of the Secretary as an accountable officer under that Act.

63Transitional arrangements for Alpine Resorts Strategic Plan

(1)Subject to subsection (2), the Alpine Resorts Strategic Plan that was in force immediately before the commencement day is taken on and from that day to be the alpine resorts strategic plan made under Part 4 (as in force on and from the commencement day) and may be reviewed, amended or revoked in accordance with that Part.

(2)An alpine resorts strategic plan must be made under this Act as amended by section 16 of the 2022 Act within 3 years of the commencement of that section.

64Transitional arrangements for Strategic Management Plans

On and from the commencement day, a Strategic Management Plan for an alpine resort that was in force immediately before that day is taken to be a management plan for that resort forming part of the alpine resorts strategic plan in accordance with Part 4 and may be reviewed, amended or revoked as part of the alpine resorts strategic plan in accordance with that Part.

65Transitional provision—Municipal Emergency Management Planning Committees and other matters

(1)On and from the commencement day, a Municipal Emergency Management Planning Committee, in office in respect of an alpine resort immediately before that day, is taken to continue to be the Municipal Emergency Management Planning Committee for that resort, and the chairperson is taken to continue to be the chairperson of that Committee, until the new body appoints another Municipal Emergency Management Planning Committee in respect of that resort.

(2)The new body for an alpine resort must appoint another Municipal Emergency Management Planning Committee in respect of that resort as soon as practicable after the commencement day.

(3)On and from the commencement day, the appointment of a person as a municipal emergency management officer under section 59G of the Emergency Management Act 2013, in respect of an alpine resort, that is in force immediately before that day, is taken to continue in force until the new body appoints a person under that section.

(4)On and from the commencement day, the appointment of a person as a municipal recovery manager under section 59H of the Emergency Management Act 2013, in respect of an alpine resort, that is in force immediately before that day, is taken to continue in force until the new body appoints a person under that section.

66Transitional arrangements for municipal emergency management plans

(1)On and from the commencement day, a municipal emergency management plan that was prepared by a Municipal Emergency Management Planning Committee appointed in respect of an alpine resort and that was in force immediately before that day is taken to continue in operation until the Municipal Emergency Management Planning Committee, the appointment of which is referred to in section 65, makes another municipal emergency management plan.

(2)The Municipal Emergency Management Planning Committee, the appointment of which is referred to in section 65, must make a new municipal emergency management plan as soon as practicable after its appointment.

67Things done or commenced by an Alpine Resort Management Board as a road authority before commencement day

(1)Anything done by an Alpine Resort Management Board in the performance of a function or duty, or exercise of a power, under the Road Management Act 2004 as a road authority before the commencement day is taken to have been done by Alpine Resorts Victoria.

(2)If an old Board has, as a road authority under the Road Management Act 2004, commenced to do a thing in the performance of a function or duty, or exercise of a power and has not completed that thing before the commencement day, Alpine Resorts Victoria must complete that thing.

68Appointment of first stakeholder consultative committee

Alpine Resorts Victoria must appoint a stakeholder consultative committee for each alpine resort no later than 12 months after the commencement day.".

22Divisions 5 and 6 of Part 6 repealed

Divisions 5 and 6 of Part 6 of the Principal Act are repealed.

Part 3—Consequential amendment of other Acts

Division 1—Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021

23Amendment of section 1—Purposes

In section 1 of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (c), for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria";

(b)in paragraph (d), for "Alpine Resort Management Boards" (where twice occurring) substitute "Alpine Resorts Victoria".

24Amendment of section 3—Definitions

(1)In section 3(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)the definition of Alpine Resort Management Board is repealed;

(b)insert the following definition—

"Alpine Resorts Victoria has the same meaning as in the Alpine Resorts (Management) Act 1997;".

(2)In section 3(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (e) of the definition of government agency, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)in the definition of municipal food organics and garden organics service, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(c)in the definition of municipal recycling service, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(d)in the definition of municipal residual waste service, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(e)in paragraph (b) of the definition of regular reporting entity, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

25Amendment of section 16—Functions of the Head, Recycling Victoria

In section 16 of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (e), for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria";

(b)in paragraph (f), for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

26Amendment of section 36—Charter of Engagement

In section 36(2)(a) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

27Amendment of section 50—Head, Recycling Victoria may collect, use, disclose or publish information

In section 50(2)(b)(vii) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

28Amendment of section 56—Procurement agreements between the Head, Recycling Victoria and councils and Alpine Resort Management Boards

(1)In the heading to section 56 of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

(2)In section 56(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)for "its alpine resort" substitute "an alpine resort".

(3)In section 56(3) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (a), for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)in paragraph (b), for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(c)in paragraph (d), for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(d)in paragraph (e), for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(e)in paragraph (e), for "Board" substitute "Alpine Resorts Victoria".

(4)In section 56(4) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)in paragraph (a), for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)in paragraph (b) omit "or Alpine Resort Management Board".

(5)In section 56(5) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)for "Board" (where twice occurring) substitute "Alpine Resorts Victoria".

29Amendment of section 57—Head, Recycling Victoria may provide councils or Alpine Resort Management Boards with procurement advice and support

(1)In the heading to section 57 of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

(2)In section 57(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)for "board" substitute "Alpine Resorts Victoria".

(3)In section 57(2)(a) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

30Amendment of section 58—Procurement guidelines

(1)In section 58(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

(2)In section 58(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

31Amendment of section 60—Councils and Alpine Resort Management Boards to provide municipal waste and recycling services

(1)In the heading to section 60 of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

(2)In section 60(2) of the Circular Economy (Waste Reduction and Recycling) Act 2021—

(a)for "An Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)for "its alpine resort" (wherever occurring) substitute "an alpine resort".

32Amendment of section 104—Local government refund sharing protocol

(1)In section 104(1)(a) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(2)In section 104(3) of the Circular Economy (Waste Reduction and Recycling) Act 2021, for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

33Amendment of Schedule 1—Subject-Matter for Regulations

(1)In the heading to item 4 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021 for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(2)In item 4.1 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(3)In item 4.2 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Board" substitute "Alpine Resorts Victoria".

(4)In item 4.3 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" (where twice occurring) substitute "Alpine Resorts Victoria".

(5)In item 5.2 of Schedule 1 to the Circular Economy (Waste Reduction and Recycling) Act 2021, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

Division 2—Amendment of Emergency Management Act 2013

34Amendment of section 54—Constitution of committees

For note 1 at the foot of section 54(1) of the Emergency Management Act 2013 substitute—

"Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.".

35Amendment of section 59—Establishment of committees

For the note at the foot of section 59 of the Emergency Management Act 2013 substitute—

"Note 1

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.".

36Amendment of section 59B—Chairperson of committee

For section 59B(1)(a) of the Emergency Management Act 2013 substitute—

"(a)in the case of Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997, an employee of that body; or".

37Amendment of section 59F—Functions of municipal councils

For section 59F(c)(i) of the Emergency Management Act 2013 substitute—

"(i)in the case of Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997, an employee of that body; or".

38Amendment of section 60AFA—Consultation during preparation of plans

For the note at the foot of section 60AFA(1)(a) of the Emergency Management Act 2013 substitute—

"Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.".

39Amendment of section 60AI—Publication of plans

For the note at the foot of section 60AI(1) of the Emergency Management Act 2013 substitute—

"Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.".

40Amendment of section 77A—Declaration of regions

For the note at the foot of section 77A(1) of the Emergency Management Act 2013 substitute—

"Note

See sections 5(2) to 5(5) of the Alpine Resorts (Management) Act 1997 for the arrangements applying to alpine resorts.".

Division 3—Amendment of Environment Protection Act 2017

41Amendment of section 3 of the Environment Protection Act 2017

In section 3(1) of the Environment Protection Act 2017, in the definition of North East Waste and Resource Recovery Region—

(a)before paragraph (a) insert—

"(aa)Alpine Resorts Victoria, established under the Alpine Resorts (Management) Act 1997;";

(b)paragraphs (c), (f) and (g) are repealed.

Division 4—Amendment of Forests Act 1958

42Amendment of section 62 of the Forests Act 1958

In section 62(1A)(e) of the Forests Act 1958—

(a)for "an Alpine Resort Management Board" substitute "Alpine Resorts Victoria";

(b)omit "or is under the control and management of the Alpine Resorts Co‑ordinating Council within the meaning of that Act";

(c)for "as a Board or the Council" substitute "as Alpine Resorts Victoria".

Division 5—Amendment of Sustainability Victoria Act 2005

43Amendment of section 7 of the Sustainability Victoria Act 2005

In section 7(o) of the Sustainability Victoria Act 2005, for "Alpine Resort Management Boards" substitute "Alpine Resorts Victoria".

Part 4—Repeal of this Act

44Repeal of this Act

This Act is repealed on 1 January 2025.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.


Minister's second reading speech—

Legislative Assembly: 10 February 2022

Legislative Council: 24 February 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Alpine Resorts (Management) Act 1997 to repeal the establishment of the Alpine Resort Management Boards and the Alpine Resorts Co-ordinating Council by that Act, to establish Alpine Resorts Victoria, to make consequential and related amendments to that Act and other Acts and for other purposes."

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