Catchment and Land Protection Act 1994 (Vic)

Version No. 072

Catchment and Land Protection Act 1994

No. 52 of 1994

Version incorporating amendments as at

5 April 2023

table of provisions

Section Page

Part 1—Preliminary

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

Part 2—Catchment and land protection advisory system

Division 2—Catchment and land protection regions

10Areas and boundaries of catchment and land protection regions

Division 3—Catchment Management Authorities

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

Division 4—Boards

15AAApplication of Division
15Board
16Function of boards
17Terms and conditions of appointment of members of boards
18Appointment of chairperson
18ADeputy chairperson
18BActing appointments
18CWhen a member ceases to hold office
18DRemoval from office of member
18EValidity of decisions
18FImproper use of information
18GEffect of pecuniary interests
18HWhat constitutes a pecuniary interest?
18IPecuniary interest does not prevent voting and consideration of some questions
18JEffect of finding of guilt for offence against section 18G
18KSubmission of returns by members and nominated officers
18LInformation to be disclosed in primary and ordinary returns
18MAuthority to maintain a register
18NProceedings of the board of an Authority
18OSpecial meetings
18PResolutions without meetings
18QAllowances
18RExpenses
19Immunity of members

Division 4A—Advisory committees

19AAAdvisory committees established by the Minister
19ABMembership and procedures of advisory committees established by the Minister

Division 5—Other provisions relating to Catchment Management Authorities

19APower of Minister to give directions
19BMatter to be included in annual report
19CCorporate plans
19DStatement of corporate intent: contents
19EStatements of obligations of Authorities
19FPowers of delegation of an Authority
19GChief Executive Officer
19HDelegation of powers of Chief Executive Officer
19IEmployment of officers of Authorities
19JCommittees established by Authorities

Part 3—Duties of the Secretary and land owners

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

Part 3A—Roadside weed and pest animal management plans

22ADeclaration of a municipal district
22BRoadside weed and pest animal management plan
22CContents of a roadside weed and pest animal management plan
22DPreparation of plan
22ETime for preparing a roadside weed and pest animal management plan
22FProcedure for making a roadside weed and pest animal management plan
22GMinister may approve a roadside weed and pest animal management plan
22HOperation of roadside weed and pest animal management plan
22IPublication of roadside weed and pest animal management plan
22JMunicipal council must implement plan
22KVariation of an approved roadside weed and pest animal management plan
22LMinister may request that plan be varied
22MMunicipal council must publish varied plan
22NSuspension of approval of a roadside weed and pest animal management plan
22ORevocation of the approval of a roadside weed and pest animal management plan
22PMunicipal council must provide information and documents to Minister
22QReporting

Part 4—Catchment planning

Division 1—Regional catchment strategies

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

Division 2—Special area plans

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

Division 3—Land use conditions

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

Part 5—Land management notices

Division 1—General

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

Division 2—Interim land management notices

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

Division 3—Land management notices and interim land management notices

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

Part 5A—Priority area notice

47ANotice of declaration of priority area
47BContents of priority area notice
47CService of copy of notice on land owner
47DOffence to fail to comply with notice
47ELand owner to notify Secretary of measures taken
47FRelationship between this Part and Part 5

Part 6—Review of land use conditions and land management notices

48Review by Victorian Civil and Administrative Tribunal
48AApplication for declaration
48BMatters Tribunal must take into account

Part 7—Extractive activities

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

Part 8—Noxious weeds and pest animals

Division 1—Classification of pests

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

Division 2—General control of noxious weeds and pest animals

70Controlling noxious weeds
70ARemoving particular vehicles or other things on to or from a road
70BDirections notice
70COffence to fail to comply with directions notice
70DLand owner to notify Secretary of measures taken under directions notice
71Offences relating to the spread of noxious weeds
71APermits relating to noxious weeds
71BRevocation of permit granted under section 71A
71CPermit holder may surrender permit
72Destruction etc. of noxious weeds
74Offence to take pest animals in areas affected by chemicals

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

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

Part 9—General

Division 1—Enforcement

79Secretary may do certain work
79AAPower of court to make an order for compensation to Secretary for expenses under section 79
79AAuthorised officers to produce evidence of appointment
79BProduction of documents or records
80Entry with consent
80AEntry of roadsides
81Entry with notice
82Emergency entry
83Entry with warrant
83AFurther seizure powers
83BAnnouncement before entry
83CDetails of warrant to be given to occupier
83DSearches of vehicles and boats
83ESearches of vehicles, trailers, machinery and equipment for noxious weeds
83EASearches of personal property
83FAuthorised officer may have assistance
83GReturn of seized things
83HMagistrates' Court may extend 90 day period
83IDisposal of seized things
83JRequirements as to taking samples and seizure
83KSamples
83LRetention notices
83MEvidentiary provisions relating to retention notices
83NAuthorised officer to comply with prescribed procedures
83OAuthorised officer may require access to ratepayer details
84Offences relating to enforcement
84AAProtection against self-incrimination
84AConduct by officers, employees or agents
85Notices for the purpose of this Act
85APersons served with notices to inform Secretary if not land owner
85BLand owner must notify Secretary of transfer of land

Division 2—Simplification of proof

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

Division 3—General

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

Part 10—Regulations and subordinate instruments

95Regulations
95AIncorporation of documents in certain subordinate instruments

Part 11—Repeals, amendments and transitional provisions

Division 1—Miscellaneous transitional provisions

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

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

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

Division 3—Agriculture Legislation Amendment Act 2022

109Definition
110Transitional and savings provisions—Agriculture Legislation Amendment Act 2022

Schedules

Schedule 2—Regional catchment strategies and special area plans

Schedule 5—Special water supply catchment areas

Schedule 7

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Endnotes

1 General information

2 Table of Amendments

3 Explanatory details

Version No. 072

Catchment and Land Protection Act 1994

No. 52 of 1994

Version incorporating amendments as at

5 April 2023

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes
The following are the purposes of this Act—
(a)to set up a framework for the integrated management and protection of catchments;
(b)to encourage community participation in the management of land and water resources;
(c)to set up a system of controls on noxious weeds and pest animals;
(d)to repeal and amend various Acts concerning catchment and land management.

2Commencement
(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3) the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within the period of 6 months beginning with and including the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
(1)In this Act—

Aboriginal person has the same meaning as the Aboriginal Heritage Act 2006;

* * * * *

animal means any animal (other than a human being), whether vertebrate or not, and includes—
(a)mammals, birds, insects, reptiles, amphibians, fish, crustaceans and molluscs; and
(b)the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being); and
(c)any other prescribed form of animal life, whether prescribed by reference to a species or in any other way;

approvedGreat Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

approved roadside weed and pest animal management plan means the roadside weed and pest animal management plan approved by the Minister under section 22G;

authorised officer means a person appointed to be an authorised officer for the purposes of this Act under—
(a)Part 9 of the Conservation, Forests and Lands Act 1987; or
(b)Part 3 of the Victorian Fisheries Authority Act 2016;

Authority means the following—
(a)a Catchment Management Authority established under Part 2;
(b)Melbourne Water Corporation;

* * * * *

catchment means an area which, through run-off or percolation, contributes to the water in a stream or stream system;
catchment management means the co-ordinated management of land and water resources, using catchments as a basis;
controlled pest animal means a controlled pest animal under Part 8;

* * * * *

Crown land has the same meaning as in the Conservation, Forests and Lands Act 1987 and includes land of the Crown managed by the Minister or the Secretary;
declared area has the same meaning as in the Planning and Environment Act 1987;

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;
determination of native title has the same meaning as in section 225 of the Native Title Act 1993 of the Commonwealth;

directions notice means a notice under section 70B;

domestic partner of a person in sections 18H and 18L means—
(a)a person who is in a registered relationship with the person; or
(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i)for fee or reward; or
(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986;

established pest animal means an established pest animal under Part 8;
farm animal means an animal farmed commercially for its meat, its skin or anything else produced by it;
function includes duty and power;
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

land includes soil, water, vegetation and fauna on land but excludes a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 and petroleum;

land degradation means—
(a)a decline in the quality or productive capacity of land; or
(b)the infestation of land by noxious weeds or pest animals;

land management notice, except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part;
land owner means—
(a)the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958; or
(b)the owner in fee simple of land alienated by the Crown and—
(i)in an identified folio under the Transfer of Land Act 1958; or
(ii)not under the Transfer of Land Act 1958—

and not mortgaged; or
(c)a person who has the equity of redemption in land alienated by the Crown and mortgaged and—
(i)in an identified folio under the Transfer of Land Act 1958; or
(ii)not under the Transfer of Land Act 1958; or

* * * * *
(e)the occupier, under a lease, licence or other right, of Crown land; or
(f)the Head, Transport for Victoria, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004; or
(g)the Director within the meaning of the National Parks Act 1975, for Crown land in a national park or park within the meaning of that Act; or
(ga)the municipal council, if the land is a municipal road in the municipal district of that municipal council; or
(h)for Crown land that is not referred to in paragraphs (e) to (ga) and that is managed by a Minister or public authority, that Minister or public authority;

land protection means measures intended to maintain or enhance the quality or productive capacity of land or protect it from infestation by pest animals or noxious weeds;
land use condition means a condition imposed under Division 3 of Part 4;
Melbourne Water Corporation has the same meaning as in the Water Act 1989;

municipal council has the same meaning as Council in section 3(1) of the Local Government Act 2020;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

municipal road has the same meaning as in section 3(1) of the Road Management Act 2004;

native title holder has the same meaning as in section 224 of the Native Title Act 1993 of the Commonwealth;

nominated officer means each senior officer of an Authority who is nominated by the board of an Authority;

noxious weed means—
(a)a State prohibited weed; or
(b)a regionally prohibited weed; or
(c)a regionally controlled weed; or
(d)a restricted weed;

pest animal means—
(a)a restricted pest animal; or
(b)an established pest animal;

* * * * *

police officer has the same meaning as in the Victoria Police Act 2013;

Port Phillip and Westernport Region means the area determined by the Governor in Council under section 10(1)(a) to be the catchment and land protection region known as the Port Phillip and Westernport Region, as varied by variations under section 10(1)(b) (if any);

primary production means agriculture, apiculture, aquaculture, forestry or horticulture;
priority area means an area declared to be a priority area under section 47A;

priority area notice means a notice under section 47A;

prohibited pest animal means a prohibited pest animal under Part 8;
public authority has the same meaning as in the Conservation, Forests and Lands Act 1987;
recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;

region means a catchment and land protection region under Part 2;
regional catchment strategy means a regional catchment strategy under Division 1 of Part 4;
regionally controlled weed means a regionally controlled weed under Part 8;
regionally prohibited weed means a regionally prohibited weed under Part 8;
regulated pest animal means a regulated pest animal under Part 8;
relativehas the same meaning as in the Water Act 1989;

restricted pest animal means—
(a)a prohibited pest animal; or
(b)a controlled pest animal; or
(c)a regulated pest animal;

restricted weed means a restricted weed under Part 8;
return period, in relation to the ordinary return of a member of the Authority or a nominated officer in section 18L, means—
(a)if the last return of the member or nominated officer was a primary return, the period between the date of the primary return and the next 30 June; or
(b)if the last return of the member or nominated officer was an ordinary return, the period between the date of the ordinary return and the next 30 June;

road includes—
(a)public highway, street, lane, footway, square, court, alley or right of way, whether a thoroughfare or not and whether accessible to the public generally or not; and
(b)land reserved or proclaimed as a street or road under the Crown Land (Reserves) Act 1978 or the Land Act 1958;

roadside means—
(a)if a road is sealed, formed or graded, the area between the made surface of the road and the boundary of the land adjoining the road; or
(b)in the case of an unmade road on land alienated in fee simple by the Crown or Crown land occupied under a lease or licence, the land so alienated or occupied; or
(c)in the case of an unmade road on Crown land not occupied under a lease or licence, the half width of the road;

roadside weed and pest animal management plan means the plan referred to in section 22A;

Secretary means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987;

sell includes any of the following—
(a)barter or exchange;
(b)agree to sell or offer or expose for sale;
(c)receive for sale;
(d)have in possession for sale;
(e)send, forward or deliver for sale;
(f)advertise for sale;
(g)sell for re-sale;
(h)cause, permit or attempt any of the acts or things mentioned in paragraphs (a) to (g);
(i)give away;

special area plan means a special area plan under Division 2 of Part 4;
special water supply catchment area means land declared to be a special water supply catchment area under Division 2 of Part 4;
specified Aboriginal party, in relation to an area, means any of the following—
(a)if there are native title holders for the whole or part of the area, the native title holders;
(b)if there is a traditional owner group entity appointed for the whole or part of the area and that traditional owner group entity is a party to a recognition and settlement agreement, the traditional owner group entity;

(c)if there is a registered Aboriginal party within the meaning of the Aboriginal Heritage Act 2006 for the whole or part of the area, the registered Aboriginal party;

State prohibited weed means a State prohibited weed under Part 8;
Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

water resources means the quality, quantity, or rate of flow, of water;
waterway has the same meaning as in the Water Act 1989;

waterway management district has the same meaning as in the Water Act 1989;

Yarra protection principles
has the

same meaning as in the Yarra River Protection (Wilip-gin Birrarung
murron) Act 2017;

Yarra River land
has the same meaning

as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017;
Yarra Strategic Plan has the same meaning as in the Yarra River Protection
(Wilip-gin Birrarung murron)
Act 2017;
Yarra Strategic Plan area
has the same

meaning as in the Yarra River
Protection (Wilip-gin Birrarung
murron) Act 2017.

(2)For the purposes of the definition of domestic partner in subsection (1)—
(a)registered relationship has the same meaning as in the Relationships Act 2008; and
(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c)a person is not a domestic partner of another person only because they are co-tenants.

4Objectives of Act
The following are the objectives of this Act—
(a)to establish a framework for the integrated and co-ordinated management of catchments which will—
(i)maintain and enhance long-term land productivity while also conserving the environment; and
(ii)aim to ensure that the quality of the State's land and water resources and their associated plant and animal life are maintained and enhanced;

(b)to establish processes that can be used to assess the condition of the State's land and water resources and the effectiveness of land protection measures;
(c)to establish processes to encourage and support participation of land holders, resource managers, specified Aboriginal parties and other members of the community in catchment management and land protection;
(ca)to provide for the establishment of advisory committees;

(d)to establish and support the operation of the Catchment Management Authorities;

(e)to provide for the control of noxious weeds and pest animals.

5Crown to be bound
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

PART 2—CATCHMENT AND LAND PROTECTION ADVISORY SYSTEM

* * * * *
* * * * *

Division 2—Catchment and land protection regions

10Areas and boundaries of catchment and land protection regions
(1)The Governor in Council, on the recommendation of the Minister, may by Order—
(a)determine the areas of Victoria which are catchment and land protection regions and define their boundaries; or
(b)vary the boundaries of an existing region; or
(c)abolish a region.

(2)The Minister must cause a copy of an Order under subsection (1) to be published in the Government Gazette and in a newspaper circulating generally within the relevant region as soon as possible after making the Order.
(3)On the abolition of a region any Authority established for that region under this Division is abolished and its members go out of office and the Minister is its successor in law.

Division 3—Catchment Management Authorities

11Establishment of Authorities

(1)The Minister must, by instrument establish a Catchment Management Authority for each catchment and land protection region (other than the Port Phillip and Westernport Region).
(2)Each Catchment Management Authority established under subsection (1)—
(a)is a body corporate with perpetual succession; and
(b)has an official seal; and
(c)may sue and be sued; 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.

(3)All courts must take judicial notice of the seal of a Catchment Management Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed.
(4)The official seal of each Catchment Management Authority must be kept in the custody that is directed by the Authority and must not be used, except as authorised by the Authority.

11AMelbourne Water Corporation appointed for Port Phillip and Westernport Region
Melbourne Water Corporation is appointed as the Catchment Management Authority for the Port Phillip and Westernport Region.
12Functions powers and duties of Authorities
(1)Each Authority has the following functions in respect of the region for which it has been appointed—
(a)to prepare a regional catchment strategy for the region and to co-ordinate and monitor its implementation;
(b)to prepare special area plans for areas in the region and to co-ordinate and monitor their implementation;
(c)to promote the co-operation of persons and bodies involved in the management of land and water resources in the region, including representatives of specified Aboriginal parties, in preparing and implementing the strategy and special area plans and in furthering the objectives of this Act;
(d)to advise the Minister, and, if requested by any other Minister, that other Minister—
(i)on regional priorities for activities by and resource allocation to bodies involved in the management of land and water resources in the region; and
(ii)on guidelines for integrated management of land and water resources in the region; and
(iii)on matters relating to catchment management and land protection; and
(iv)on the condition of land and water resources in the region;

(e)to promote community awareness and understanding of—

(i)the importance of land and water resources, their sustainable use, conservation and rehabilitation; and
(ii)issues relating to catchment management;

(f)to make recommendations to the Minister about the funding of the implementation of the regional catchment strategy and any special area plan;
(g)to make recommendations to the Minister and the Secretary about actions to be taken on Crown land managed by the Secretary to prevent land degradation;
(h)to advise the Minister and provide information to the Minister on any matter referred to it by the Minister;
(i)to carry out any other functions conferred on the Authority by or under this Act or any other Act.

(2)Each Authority has power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions, including any function delegated to it.
(3)Subsection (2) is not to be taken to be limited by any other provision of this Act that confers a power on the Authority.
(4)Each Authority has the duties conferred on it by or under this or any other Act.

12AA Obligations of Authorities in relation to declared areas

(1)An Authority, when performing a function or duty or exercising a power under this Act in relation to a declared area—
(a)must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Authority; and
(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Authority; and
(c)must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Authority in relation to—
(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

* * * * *

12ABObligations of the Corangamite Catchment Management Authority and Glenelg Hopkins Catchment Management Authority in relation to the Great Ocean Road region
(1)The Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority, when performing a function or duty or exercising a power under this Act or any other Act—
(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road scenic landscapes area; and
(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Corangamite Catchment Management Authority or the Glenelg Hopkins Catchment Management Authority (as the case requires) in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
* * * * *

13Appointment of administrator
(1)The Minister may, by determination, appoint an administrator to carry out the functions of the Authority, if an Authority fails or refuses to comply with a direction of the Minister under—
(a)section 19A; or
(b)section 307 of the Water Act 1989.

(2)A determination of the Minister under subsection (1)—
(a)must specify the term for the which the Administrator is appointed, which must not be more than 12 months;
(b)must set out reasons for the actions proposed in it; and
(c)must be published in the Government Gazette; and
(d)must be laid by the Minister before both Houses of Parliament within 5 sitting days of each House after the Order is made.

(3)During the period for which an administrator is appointed under this section, the administrator acts in substitution for the board in performing the functions and duties of the Authority.
(4)Any defect in relation to the appointment of the administrator does not invalidate that appointment or anything done by the administrator.
(5)On the expiry of a determination under this section the Minister must determine whether or not to—
(a)reinstate to his or her office each member of the board of the Authority whose term has not expired; or
(b)dismiss each member of the board of the Authority.

(6)The administrator goes out of office—
(a)if members are reinstated under subsection (5)(a), at the time of that reinstatement; or
(b)if all the members are dismissed under subsection (5)(b), on the appointment of new members—

as the case requires.
(7)If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of the Authority whose term has not expired, are re‑instated.
(8)This section does not apply to Melbourne Water Corporation.

14Application of Public Administration Act 2004
(1)The Public Administration Act 2004 applies to each Authority as if that Authority were a public entity but not a small entity within the meaning of that Act, established on or after the commencement of Part 5 of that Act.

(2)This section does not apply to Melbourne Water Corporation.

* * * * *

Division 4—Boards

15AA Application of Division
This Division does not apply to Melbourne Water Corporation.
15Board
(1)Each Catchment Management Authority must have a board consisting of—
(a)a chairperson; and
(b)not less than 5 and not more than 8 other members—

appointed by the Minister, after consultation with the Minister administering the Water Act 1989 and the Minister administering the Agricultural Industry Development Act 1990.
(2)The board of each Authority must consist of persons with experience and knowledge of one or more of the following—
(a)land management;
(b)water resources management and the water industry;
(c)waterway management;
(d)environment or natural resources management;
(e)primary industry;
(f)strategic or business planning;
(g)financial management.

(3)More than one half of the members of the board of each Catchment Management Authority must be persons whose principal occupation is—
(a)primary production; or
(b)providing advice about primary production; or
(c)engaging in research about primary production.

16Function of boards
(1)The board of an Authority—
(a)is responsible for—
(i)the strategic planning of the Authority; and
(ii)deciding the policies of the Authority; and
(iii)the management of the affairs of the Authority, including ensuring the performance of the functions and the carrying out of the duties of the Authority; and

(b)may exercise the powers of the Authority.

(2)Each board of an Authority, in performing its functions, exercising its powers and carrying out its duties must act in a proper and efficient manner.
17Terms and conditions of appointment of members of boards
A member of the board of an Authority holds office, subject to this Act—
(a)for the term, not exceeding 4 years, that is specified in the instrument of his or her appointment and is eligible for re‑appointment; and
(b)subject to this section, on the other terms and conditions that are determined by the Minister.

18Appointment of chairperson
(1)The chairperson of the board of an Authority must be appointed by the Minister.
(2)The Minister may appoint as a chairperson any person who was a member of the board immediately before being appointed as chairperson.
(3)If a vacancy arises in the office of the chairperson, the Minister must appoint a person in accordance with this section to fill the vacancy.
(4)The chairperson holds office for the term specified by the Minister.
(5)The chairperson may resign by notice in writing to the Minister.

18ADeputy chairperson
(1)The board of an Authority must appoint one of the members of the board to be the deputy chairperson of the board.
(2)The deputy chairperson, if present, must preside at meetings of the board at which the chairperson is not present.

18BActing appointments
(1)The deputy chairperson must act as chairperson if—
(a)the office of chairperson is vacant; or
(b)the chairperson is unable, for any reason, to perform the duties of office, and it is not possible for the members to participate in a meeting in accordance with section 18N(7).

(2)While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson.
(3)The Minister may appoint a person who has the experience and knowledge as required under section 15 to be a member of the board of an Authority during any period, or during all periods, when—

(a)the deputy chairperson is acting as chairperson; or
(b)a member of the board is unable for any reason to attend meetings of the board.

18CWhen a member ceases to hold office
(1)The office of member of the board of an Authority becomes vacant if the member—
(a)resigns in accordance with subsection (2); or
(b)becomes an insolvent under administration; or

(c)fails to attend 3 consecutive meetings of the board without the approval of the board.

(2)A person may resign from the office of member of the board of an Authority by notice in writing to the Minister.

18DRemoval from office of member
(1)The Minister may at any time remove a member of the board of an Authority from the office of member.
(2)The Minister must remove a person from the office of member of the board of an Authority if the member—
(a)is convicted of an offence relating to his or her duties as a member of the board of an Authority; or
(b)fails without reasonable cause to disclose any interest under section 18G.

18EValidity of decisions
(1)An act or decision of the board of an Authority is not invalid merely because of—
(a)a vacancy in the membership of the board; or
(b)a defect or irregularity in, or in connection with, the appointment of a member of the board.

(2)Anything done by or in relation to a person purporting to act as a member of the board of an Authority, whether as chairperson, deputy chairperson or another member, is not invalid merely because—
(a)the occasion for the appointment had not arisen; or
(b)there was a defect or irregularity in relation to the appointment; or
(c)the appointment had ceased to have effect; or
(d)the occasion for the person to act had not arisen or had ceased.

18FImproper use of information
A member or a person who has been a member of the board of an Authority must not make improper use of information acquired by virtue of that person's position as a member—
(a)to gain directly or indirectly any pecuniary advantage for himself or herself or for any other person; or
(b)with intent to cause detriment to the Authority, whether or not detriment was caused.
Penalty:20 penalty units.

18GEffect of pecuniary interests
(1)A member of the board of an Authority who has a pecuniary interest in any matter in which the Authority is concerned must—
(a)if the member is present at a meeting of the board or any of its committees at which the matter is to be considered, disclose the nature of the interest immediately before the consideration; or
(b)if the member is aware that the matter is to be considered at a meeting of the board or any of its committees at which the member does not intend to be present, disclose the nature of the interest to the chairperson, or if the chairperson has the interest, the deputy chairperson, before the meeting is held.

(2)If a member of the board of an Authority has disclosed an interest to the chairperson or the deputy chairperson, as the case may be, under subsection (1)(b), the chairperson or the deputy chairperson must disclose that interest at the meeting at which the matter is considered, before the consideration of the matter.
(3)The member—
(a)may stay in the meeting during any consideration of the matter; and
(b)may take part in the discussion; and
(c)must not move or second a motion on a question relating to the matter; and
(d)must leave the meeting while any vote is taken on a question relating to the matter; and
(e)may, when notified that the vote has been declared by the chairperson, or the deputy chairperson if it is the chairperson who has the interest, return to the meeting.

(4)If a member discloses an interest under subsection (1), a statement showing—
(a)that the disclosure was made; and
(b)the nature of the matter and the nature of the disclosed interest; and
(c)whether any vote was taken on a question relating to the matter and, if so, whether the member was present while the vote was taken; and
(d)whether the member left the meeting at any time during consideration of the matter and, if so, at what stage the member left—

must—
(e)in the case of a disclosure made at or before a meeting of the board, be included in the minutes of the meeting; and
(f)in the case of a disclosure made at or before a meeting of a committee, be recorded by the committee and presented to, and included in the minutes of the next ordinary meeting of the board.

(5)A person must comply with subsection (1) or (3).
Penalty:20 penalty units.

(6)It is a defence to a charge under subsection (5) for the person charged to prove that the person did not know—
(a)that he or she had a pecuniary interest in the matter; or
(b)that a matter in which he or she had a pecuniary interest was considered or to be considered at the meeting.

(7)The Magistrates' Court has jurisdiction over a charge under this section even though title to land may be genuinely in question.
(8)A charge may not be filed for an offence under this section more than 3 years after the commission of the alleged offence.
(9)The Minister may, by notice in writing to an Authority, remove any disability imposed by this section in any case if so many of the members of the board of the Authority are affected that the Minister decides that the transaction of the business of the Authority would be impeded.

(10)For the purposes of subsection (9), the Minister may remove, either indefinitely or for a specified time, any disability that would otherwise attach to a member, or class of members, because of any interests, and in respect of any matters, that the Minister specifies in the notice.

18HWhat constitutes a pecuniary interest?
(1)In this section shares includes stock, and share capital must be read accordingly.
(2)A member does not have a pecuniary interest to which section 18G applies in relation to a matter only because that member has an interest in the matter—
(a)as a person who receives a service from the Authority in common with other persons who receive a service from the Authority; or
(b)as a person who is, or may become, entitled to an allowance or other payment under this Act, if the maximum amount of the allowance or payment, or the rate at which the amount is to be calculated, is fixed under this Act; or
(c)as a member of a club or other association (incorporated or not) that is conducted primarily for charitable, benevolent, recreational or community purposes; or
(d)as a member of an employers' or employees' association; or
(e)as a person to whom the Authority offers, or proposes to offer, goods and services which are, or are proposed to be, offered generally by the Authority on the same terms and conditions as to that member; or

(f)as a person who receives a service from the Authority, or as a resident of a region under the control of the Authority, who may be required by the Authority to make any payment that other persons who receive that service, or other residents of the region, may be required by the Authority to make.

(3)Unless subsection (4) provides otherwise, a person has a pecuniary interest in a matter if—
(a)the person or his or her nominee is a member of a company or other body which has a pecuniary interest in the matter; or
(b)the person is the sole proprietor, a partner, a director or an employee of a person who has a pecuniary interest in the matter.

(4)Subsection (3) does not apply—
(a)to membership of any body (incorporated or not) which results from an appointment or nomination made by the board of an Authority; or
(b)to membership or directorship of any body (incorporated or not) if the member or director has no beneficial interest in any capital or income of the body.

(5)If a member of a board of an Authority has a pecuniary interest in a matter only because he or she has a beneficial interest in the shares of a body, and if the total nominal value of those shares is not more than $2000 or 1 per cent of the total nominal value of the issued share capital of the body (whichever is less), section 18G does not preclude the member from taking part in the consideration of the matter.

(6)If the share capital of a body is of more than one class, subsection (5) does not apply if the total nominal value of all the shares of any one class in which the member has a beneficial interest is more than 1 per cent of the total nominal value of the issued share capital of that class of the body.
(7)The interest of a member's spouse or domestic partner must, if known to the member, be taken to be an interest of the member for the purposes of this section.

18IPecuniary interest does not prevent voting and consideration of some questions
Nothing in section 18G precludes any person from taking part in the consideration of, or voting on—
(a)any question of whether the amount payable for goods or services previously supplied or provided under any contract should be paid from any fund of the Authority or from any other money belonging to the Authority; or
(b)any question of whether an application should be made to the Minister for the exercise of the powers conferred by section 18G(9).

18JEffect of finding of guilt for offence against section 18G
(1)A member of the board of an Authority who is found guilty of an offence against section 18G or any corresponding previous enactment is not capable of being or continuing to be a member of a board of an Authority for 7 years after that finding of guilt, unless—
(a)on application by the person found guilty, the court by which he or she is found guilty; or
(b)a court hearing an appeal under subsection (2)—

thinks it is appropriate in the circumstances to reduce or waive the period of disqualification.
(2)A person may, within 6 months after a decision on an application under subsection (1)(a), appeal from that decision—
(a)if the person was found guilty by the Magistrates' Court (other than the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder)—to the County Court; and
(ab)in the case of the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder—to the Court of Appeal; and
(b)in any other case—to the Supreme Court.

(3)An appeal is by way of re-hearing of the application, and the court may do anything that it would be entitled to do if the appeal were an appeal against the sentence imposed on the finding of guilt giving rise to the disqualification.

18KSubmission of returns by members and nominated officers
(1)A person who becomes a member of a board of an Authority must within 30 days after becoming a member submit a primary return in the prescribed form to a person authorised by the board of the Authority.
Penalty:20 penalty units.

(2)If a person is re-appointed on completion of his or her term of office as a member, the member need not submit a new primary return.
(3)If the board of an Authority has resolved that nominated officers must submit returns—
(a)each nominated officer must within 30 days after the resolution; and
(b)any person who becomes a nominated officer after the resolution must within 30 days after his or her appointment as a nominated officer—

submit a primary return in the prescribed form to a person authorised by the board of the Authority.
Penalty:20 penalty units.

(4)A member or a nominated officer of each Authority must, on or before 31 July each year, submit an ordinary return in the prescribed form to a person authorised by the board of the Authority.
Penalty:20 penalty units.

18LInformation to be disclosed in primary and ordinary returns
(1)Each member and each nominated officer must disclose the following information in the primary return as at the date of the primary return—
(a)the name of any company or other body, corporate or unincorporate, in which he or she held an office whether as a director or otherwise;
(b)the information referred to in paragraphs (b), (c), (d) and (f) of subsection (2).
Penalty:20 penalty units.

(2)Each member and each nominated officer must disclose in an ordinary return the following information in relation to the return period—
(a)if he or she has held an office, whether as director or otherwise, in any company or body, corporate or unincorporate—the name of the company or body;
(b)the name or description of any company, partnership, association or other body in which he or she holds a beneficial interest which exceeds in value $2000;
(c)the address or description of any land in the region of the Authority or in a region which adjoins that Authority's region in which he or she has any beneficial interest other than by way of security for any debt;
(d)a concise description of any trust—
(i)in which he or she holds a beneficial interest; or
(ii)of which he or she is a trustee and in which a relative holds a beneficial interest;

(e)particulars of any gift of $2000 or more in value received by him or her from a person other than a relative; and
(f)any other substantial interest, whether of a pecuniary nature or not, of the person, or of a relative of which interest the person is aware and which the person ought reasonably to consider might appear to raise a material conflict between his or her private interest and his or her public duty as a member or nominated officer.
Penalty:20 penalty units.

(3)If a member or a nominated officer has already submitted one or more ordinary returns he or she must disclose in any subsequent ordinary return any change in the information disclosed in the last return and any additional information of the kind set out in subsection (2)(a) to (f) required to be disclosed, but he or she is not required to disclose any information already disclosed in a previous return.
Penalty:20 penalty units.

(4)In this section relative of a member or a nominated officer includes a domestic partner, or relative of a domestic partner, of the member or nominated officer.

18MAuthority to maintain a register
(1)An Authority must—
(a)maintain a register of the interests of members and, where required, nominated officers; and
(b)enter in the register all the information given in the returns.

(2)An Authority must allow a person to inspect the register if that person applies, in writing and in accordance with the regulations, to the Authority to do so.
(3)The register may be inspected at the office of the Authority during normal office hours.
(4)An Authority must take all reasonable steps to make sure that a person who has not applied does not have access to, and is not permitted to inspect, the register or any return.
(5)A person must not publish any information derived from the register unless that information is a fair and accurate summary or copy of the information derived from the register.
Penalty:20 penalty units.

(6)A person employed by an Authority must not, whether before or after he or she ceases to be so employed, make a record of, divulge or communicate to any person any information in relation to a matter dealt with by this section that is gained by or conveyed to him or her during his or her employment with the Authority, or make use of that information for any purpose other than the discharge of his or her official duties under this Act.
Penalty:20 penalty units.

(7)An Authority must—
(a)retain the returns of a member or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and
(b)at the end of that period, destroy the returns.

(8)As soon as practicable after a person ceases to be a member or a nominated officer, the Authority must delete the entries relating to that person from the register.

18NProceedings of the board of an Authority
(1)Subject to this Act, the board of an Authority may regulate its own procedure.
(2)The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of an Authority elected by the members present at the meeting, must preside at a meeting of the board.
(3)The quorum for a meeting of the board of an Authority is a majority of the members for the time being.

(4)A question arising at a meeting of the board of an Authority is determined by a majority of the votes of the members present and voting on the question.
(5)The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote.
(6)The board of an Authority must ensure that minutes are kept of each meeting of the board.
(7)The board of an Authority may permit its members to participate in a particular meeting by—
(a)telephone; or
(b)closed-circuit television; or
(c)any other means of electronic or instantaneous communication.

(8)A member of the board of an Authority who participates in a meeting under a permission under subsection (7) is deemed to be present at the meeting.

18OSpecial meetings
(1)The chairperson of the board of an Authority may at any time (and must, if requested by a majority of members) call a special meeting of the board.
(2)Subject to subsection (3), a special meeting must not be held unless at least 2 days' notice has been given to each member.
(3)If all members of the board consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member.

(4)Notice of a special meeting must—
(a)be in writing; and
(b)be served on each member, by post or in person; and
(c)specify the time and place of the meeting and the reason for it.

(5)A special meeting must deal only with business stated in the notice.

18PResolutions without meetings
(1)If all of the members of the board of an Authority for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
(2)If a resolution is deemed under subsection (1) to have been passed at a meeting of the board of an Authority, each member of the board must be advised as soon as practicable and given a copy of the terms of the resolution.
(3)For the purposes of subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members of the board of an Authority, are deemed to constitute one document.

18QAllowances
(1)An Authority may, subject to subsection (2), pay remuneration and allowances to its members of the board.
(2)The amounts of any remuneration and allowances paid by an Authority must not exceed the amounts fixed by the Minister in respect of that Authority.
(3)The amounts fixed by the Minister under this section may vary between Authorities.

18RExpenses
Despite anything in this or any other Act, the members of the board of an Authority are, if the board so resolves, entitled to be reimbursed out of the Authority's funds for any reasonable expenses they incur whilst carrying out functions and exercising powers under this Act.
Example
Reasonable expenses incurred when making site visits.
* * * * *

19Immunity of members
(1)A member of the Council or any member of the board of an Authority is not personally liable for anything done or omitted to be done in good faith—
(a)in the performance of a function under this Act or the regulations; or
(b)in the reasonable belief that the act or omission was in the performance of a function under this Act or the regulations.

(2)Any liability that would, but for subsection (1), attach to a member of the board of an Authority attaches instead to the Authority of which the person is a member of the board.

Division 4A—Advisory committees

19AA Advisory committees established by the Minister
(1)The Minister may establish one or more advisory committees to advise the Minister on any of the following matters in relation to the whole of Victoria or a part or parts of Victoria—
(a)catchment management;
(b)the condition of land and water resources;
(c)priorities for catchment management;
(d)priorities for research and investigation in relation to catchment management;
(e)any other matter the Minister considers appropriate.

(2)In establishing an advisory committee, the Minister, by writing, must specify—
(a)the matters on which the advisory committee is to advise the Minister; and
(b)whether the advisory committee's advice is to relate to the whole of Victoria or a specified part or parts of Victoria.

19ABMembership and procedures of advisory committees established by the Minister
(1)The Minister, by writing, may appoint such members of an advisory committee as the Minister considers appropriate.
(2)The Minister, by writing, may appoint a member of an advisory committee to be the Chairperson of the committee.
(3)The Minister, by writing, may at any time remove from office a member of an advisory committee.
(4)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of an advisory committee in respect of the office of member.
(5)The Minister may specify requirements, with which an advisory committee must comply, about the following—
(a)quorums;
(b)decision making powers of members;
(c)meeting procedures;
(d)any other matter the Minister considers appropriate.

(6)The Minister may specify requirements under subsection (5) at any time, whether before, on or after the establishment of an advisory committee.
(7)Subject to this Act and any requirements specified under subsection (5), an advisory committee may regulate its own procedure.
(8)A member of an advisory committee is entitled to be paid any remuneration and allowances fixed by the Minister.

Division 5—Other provisions relating to Catchment Management Authorities

19APower of Minister to give directions
(1)The Minister may give a direction to an Authority in relation to the performance of any of its functions or the exercise of any of its powers.
(2)The Minister must give an Authority 14 days' notice of his or her intention to give a direction under subsection (1).
(3)If the Minister gives a direction to an Authority, the Minister must make sure that notice of the giving of the direction, and a statement or summary of the contents of the direction, is published in the Government Gazette.
(4)An Authority to which the Minister gives a direction must make sure that a statement or summary of the contents of the direction is included in the annual report of the Authority.
(5)A failure to comply with subsection (3) or (4) does not affect the validity of the direction.
(6)The Minister's power to give directions under this section to Melbourne Water Corporation only applies to the performance of Melbourne Water Corporation's functions and the exercise of Melbourne Water Corporation's powers under this Act.

19BMatter to be included in annual report
Each Authority must include in its report of operations prepared under Part 7 of the Financial Management Act 1994, a report on the condition and management of land and water resources in its region and the carrying out of its functions.

19CCorporate plans
(1)Each Authority must prepare a corporate plan and submit it to the Minister—
(a)on or before the date specified by the Minister; or
(b)if no such date is specified, at least 2 months before it intends to implement the plan or any part of it.

(2)A corporate plan must be in or to the effect of a form approved by the Minister and must include—
(a)a statement of corporate intent in accordance with section 19D;
(b)a business plan and financial statements containing the information that the Minister requires;

(3)An Authority may implement a corporate plan 2 months (or any shorter time allowed by the Minister) after its submission to the Minister, unless the Minister, within that time, directs in writing any variations that the Minister thinks fit to be made in any corporate plan submitted in accordance with this section.
(4)The Minister must publish in the Government Gazette any direction made under subsection (3).
(5)The Minister must not give a direction under subsection (3) without first having consulted the Authority about the direction.
(6)An Authority must not make a major deviation from its corporate plan unless it has, at least 2 months (or any shorter time allowed by the Minister) before it intends to make the deviation, submitted to the Minister details of the proposed deviation.
(7)The Minister may issue guidelines as to what are major deviations for the purposes of subsection (6).
(8)The corporate plan of an Authority at any time is that plan as varied under subsection (3), or as revised by any deviation under subsection (6), at that time.
(9)This section does not apply to Melbourne Water Corporation.

19DStatement of corporate intent: contents
(1)Each statement of corporate intent must specify for the Authority, in respect of the financial year to which it relates and each of the 4 following financial years, the following information—
(a)the business objectives of the Authority;
(b)the main business undertakings of the Authority;
(c)the nature and scope of the activities to be undertaken by the Authority;
(d)the performance targets and other measures by which the Authority may be judged in relation to its business objectives;
(e)the kind of information to be provided to the Minister by the Authority during the course of those financial years;
(f)any other matters that may be agreed on by the Minister and the Authority from time to time.

(2)This section does not apply to Melbourne Water Corporation.

19EStatements of obligations of Authorities
(1)The Minister may—
(a)issue a statement of obligations to an Authority specifying obligations that the Authority has in performing its functions under this Act or exercising powers it has under this Act; or
(b)amend, vary or revoke a statement of obligations after complying with subsection (5).

(2)The Minister must not issue, amend, vary or revoke a statement under subsection (1), unless the Minister has first consulted with the Minister administering Part 10 of the Water Act 1989.
(3)A statement of obligations may include provisions relating to—
(a)standards as to the performance of any such functions;
(b)requirements as to community consultation in performing any such functions.

(4)An Authority must comply with a statement of obligations that applies to that Authority.
(5)The Minister must not amend or vary a statement of obligations unless—
(a)the Authority has agreed to the proposed amendment or variation; or
(b)the Minister has—
(i)given the Authority notice in writing of the proposed amendment or variation; and
(ii)considered any written submission made by the Authority in response to the notice.

(6)The Minister must cause a notice of—
(a)the making and issue of a statement of obligations to an Authority; or
(b)the amendment, variation or revocation of a statement of obligations—

to be published in the Government Gazette.

19FPowers of delegation of an Authority
(1)An Authority may, by instrument under its common seal, delegate to—
(a)a member of the board of an Authority or any other officer of the Authority, by name or to the holder of an office; or
(b)to any committee established by the Authority under this Act, the members of which are members of the board or officers of the Authority;
(c)with the consent of the Minister, to any other person or body, including any committee established by the Authority under this Act, the members of which are not members of the board or officers of the Authority—

any function, power or duty of the Authority other than—
(d)this power of delegation; or
(e)the power to make by-laws; or
(f)any other power that is prescribed for the purposes of this section.

(2)In this section, in relation to Melbourne Water Corporation, a reference to the board is a reference to the board of directors of Melbourne Water Corporation.

19GChief Executive Officer
(1)An Authority may appoint a person as Chief Executive Officer of the Authority.
(2)A person appointed under subsection (1) must not be a member of the board of the Authority.
(3)The Chief Executive Officer holds office for the period, not exceeding 5 years, specified in the instrument of his or her appointment.
(4)The Chief Executive Officer is responsible to the Authority for the carrying out of the Authority's functions.
(5)The Chief Executive Officer must comply with the directions of the Authority.
(6)This section does not apply to Melbourne Water Corporation.

19HDelegation of powers of Chief Executive Officer
(1)An Authority may, by instrument, delegate to any officer or employee referred to in section 19I, any power, duty or function conferred on the Chief Executive Officer under this Act or the regulations, except this power of delegation.
(2)This section does not apply to Melbourne Water Corporation.

19IEmployment of officers of Authorities
An Authority may employ, on terms and conditions determined by the Authority, such officers and employees it considers necessary for the carrying out of its functions.

19JCommittees established by Authorities
(1)An Authority may establish—
(a)a committee to advise the Authority on any matter referred by the Authority; and
(b)a committee to exercise any power or perform any function, authority or discretion delegated to it by the Authority.

(2)The following provisions apply to committees—
(a)an Authority may at any time remove from office a member of a committee and must provide in writing to the member the reasons for the removal;
(b)a committee may act despite any vacancy in its membership;
(c)subject to this Act and any rules made under paragraph (d), a committee may regulate its own proceedings;
(d)an Authority may, by resolution, make rules, with which committees must comply, about—
(i)their quorums; and
(ii)voting powers of their members; and
(iii)their proceedings;

(e)the Minister by notice published in the Government Gazette may declare that a committee is a corporation, and may dissolve a corporation of that sort in the same way;
(f)an Authority must obtain the Minister's consent before it delegates any of its powers, functions, authorities or discretions to a committee of which any members are not members or officers of the Authority;
(g)the Minister may specify rules of procedure for the exercise of a delegated power by a committee referred to in paragraph (f) and any purported exercise of that delegated power by such a committee otherwise than in accordance with those rules is void.

(3)A member of a committee is entitled to be paid any fees and allowances fixed by the Minister.

PART 3—DUTIES OF THE SECRETARY AND LAND OWNERS

20General duties of land owners
(1)In relation to his or her land a land owner must take all reasonable steps to—
(a)avoid causing or contributing to land degradation which causes or may cause damage to land of another land owner; and
(b)conserve soil; and
(c)protect water resources; and
(d)eradicate regionally prohibited weeds; and
(e)prevent the growth and spread of regionally controlled weeds; and
(f)prevent the spread of, and as far as possible eradicate, established pest animals.

* * * * *

21Additional duties of the Secretary
(1)The Secretary must take all reasonable steps to eradicate State prohibited weeds from all land in the State.
(1A)The Secretary must take all reasonable steps to control restricted pest animals on any land in the State.
(2)In relation to roadsides on Crown land the Secretary must take all reasonable steps to eradicate regionally prohibited weeds.
(3)Subsection (2) does not apply to—
(a)a freeway or an arterial road within the meaning of the Road Management Act 2004; or
(b)Crown land held under a lease or licence; or

(c)the roadside of a municipal road.

(4)The duties imposed by this section are in addition to those imposed by this Part on the Secretary as a land owner.
22Transfer of management responsibility
(1)A land owner may agree in writing with the lessee or an occupier of the land or with any person having management or control of the land ("the new land manager") that the new land manager will have sole responsibility for carrying out, in relation to the land, a duty imposed by a relevant provision on the land owner.
(2)While the agreement is in force, a relevant provision applies to the land covered by the agreement as if it referred to the new land manager instead of the land owner.
(3)The land owner and the new land manager may, by a further written agreement, vary or terminate an agreement under subsection (1).
(4)If a special area plan exempts a land owner from a duty under a relevant provision and places the duty on another person, the relevant provision applies to that person in respect of that duty as if it referred to that person instead of to a land owner.
(5)In this section, relevant provision means any provision of the following—
(a)Part 3;
(b)Division 3 of Part 4, other than section 34;
(c)Part 5, other than section 40;
(d)Part 5A;
(e)Division 2 of Part 8;
(f)Part 9.

PART 3A—ROADSIDE WEED AND PEST ANIMAL MANAGEMENT PLANS

22ADeclaration of a municipal district
(1)The Minister may declare a municipal district to be a district for which a roadside weed and pest animal management plan must be prepared.
(2)The declaration must be published in the Government Gazette and state—
(a)that the roadside weed and pest animal management plan relates to regionally prohibited weeds, regionally controlled weeds and established pest animals on roadsides of municipal roads in the declared municipal district; and
(b)the term for which the roadside weed and pest animal management plan is to operate being a period of between 2 and 4 years; and
(c)the Minister's reasons for making the declaration.

(3)In making a declaration, the Minister must take into account—
(a)the nature and extent of municipal roads in the municipal district; and
(b)the extent to which the roadsides of those municipal roads are infested with regionally prohibited weeds, regionally controlled weeds and established pest animals.

(4)The Minister must give a copy of the declaration to the municipal council of the declared municipal district.
(5)The declaration takes effect on the day it is published in the Government Gazette or on any later date after the date that any earlier declaration ceases to have effect as is specified in the notice.
(6)The declaration ceases to have effect at the earliest of—
(a)the end of the term of operation of any approved roadside weed and pest animal management plan for the declared municipal district; or
(b)if the approval of the roadside weed and pest animal management plan is revoked for the declared municipal district under section 22O, at the time the revocation takes effect.

22BRoadside weed and pest animal management plan
A municipal council of a municipal district declared under section 22A must prepare, submit for approval and publish a roadside weed and pest animal management plan in accordance with this Part.

22CContents of a roadside weed and pest animal management plan
(1)A roadside weed and pest animal management plan prepared by a municipal council must—
(a)set out a program of measures to eradicate, as far as possible, all regionally prohibited weeds of which the municipal council is aware from the roadsides of all municipal roads in the declared municipal district; and
(b)specify the species of regionally controlled weeds and established pest animals to which the plan applies; and
(c)specify the municipal council's current knowledge of the extent and abundance in the municipal district of—
(i)all regionally prohibited weeds; and
(ii)all regionally controlled weeds and established pest animals specified in paragraph (b); and

(d)set out a program of reasonable measures to be taken by the municipal council to reduce the adverse impact on surrounding land arising from the species specified in paragraph (b) on the roadsides of municipal roads in the declared municipal district; and
(e)specify the municipal roads to which the plan applies; and
(f)specify the anticipated outcome of each measure referred to in paragraphs (a) and (d); and
(g)state the period of operation of the plan.

(2)The program of measures set out in a roadside weed and pest animal management plan must—
(a)support any weed and pest animal management programs being undertaken by land owners in the declared municipal district; and
(b)protect the infrastructure and environmental value of roadsides.

(3)A roadside weed and pest animal management plan prepared by a municipal council may also include any additional information that the municipal council considers appropriate.

22DPreparation of plan
In preparing a roadside weed and pest animal management plan, a municipal council must have regard to—
(a)any information provided by the Minister; and
(b)any regional catchment strategy applying to the declared municipal district; and
(c)any submissions received by the council under section 22F.

22ETime for preparing a roadside weed and pest animal management plan

Name of Catchment	Date of proclamation	Date of Govt. Gazette in which proclamation published	Area Sq. Km.
Drouin	1/3/66	9/3/66	14
Tarago River	30/5/67	7/6/67	114
Lake Nillahcootie	19/9/67	27/9/67	413
Lake Merrimu (Goodmans Creek)	13/2/68	21/2/68	39
Gellibrand River	5/11/69	12/11/69	507
Ryans Creek	3/3/70	11/3/70	77
Rosslynne Reservoir (Jacksons Creek)	8/9/70	16/9/70	85
Tarra River	26/1/71	17/2/71	28
Rosslynne Reservoir (Riddells Creek)	14/9/71	22/9/71	21
Micks Creek	26/4/72	3/5/72	5
Lal Lal Reservoir	6/6/73	13/6/73	219
Betka River	18/9/73	26/9/73	108
Thomson River (Stages 1, 1(a) & 2)	25/9/73	3/10/73	332
Lake Merrimu (Lerderderg River)	15/4/75	23/4/75	218
Avoca Town Water Supply	19/8/75	27/8/75	10
Nicholson River	19/8/75	27/8/75	451
Honeysuckle Creek	25/5/76	2/6/76	25
Cann River	27/7/76	4/8/76	632
Running Creek	3/5/77	11/5/77	20
Moorabool River (Sheoaks)	16/5/78	24/5/78	460
Stony Creek	16/5/78	24/5/78	26
Painkalac Creek (Aireys Inlet)	16/5/79	13/6/79	34
Lance Creek	16/5/79	13/6/79	20
Tennent Creek (Candowie Reservoir)	16/5/79	13/6/79	19
Nine Mile, Clear and Hurdle Creeks	16/5/79	13/6/79	63

Name of Catchment	Date of proclamation	Date of Govt. Gazette in which proclamation published	Area Sq. Km.
Bakers Gully (Bright)	16/5/79	13/6/79	7
Creswick	16/5/79	13/6/79	33
King River (Lake William Hovell)	16/5/79	13/6/79	332
Buckland River	12/6/79	20/6/79	322
Monument Creek	12/6/79	20/6/79	9
Gellibrand River (South Otway)	12/6/79	20/6/79	183
Tanjil River	11/12/79	19/12/79	509
Ballarat	11/12/79	19/12/79	98
Tullaroop Reservoir	27/5/80	4/6/80	722
Britania Creek	27/5/80	4/6/80	18
Pennyroyal, Matthews & Gosling Creeks	12/8/80	20/8/80	74
Sunny Creek	2/12/80	10/12/80	5
Narracan Creek	16/12/80	7/1/81	82
Skenes Creek	23/12/80	7/1/81	8
Mitchell River	17/2/81	25/2/81	3900
Rollo Creek	28/4/81	6/5/81	6
Bealiba	28/4/81	6/5/81	6
West Barham River	24/11/81	2/12/81	12
McCallum Creek	22/6/82	30/6/82	187
Walkley Creek (Boolarra)	22/6/82	30/6/82	8
Thomson River (Stage 3)	8/2/83	9/2/83	158
Tambo River	25/1/84	1/2/84	2650
Boggy Creek (Nowa Nowa)	25/1/84	8/2/84	340
Buchan River (Buchan)	25/1/84	8/2/84	780
Diddah Diddah Creek (Springhurst)	13/6/84	20/6/84	11
Ovens River (Bright)	13/6/84	20/6/84	350
Tomahawk Creek (Gembrook)	13/6/84	20/6/84	3
Sunday Creek (Broadford-Kilmore)	13/6/84	20/6/84	20
Name of Catchment	Date of proclamation	Date of Govt. Gazette in which proclamation published	Area Sq. Km.
Buffalo River (Lake Buffalo)	13/6/84	20/6/84	1150
Seven Creeks & Mountain Hut Creek (Euroa)	26/6/84	4/7/84	191
Fifteen Mile Creek (Glenrowan)	26/6/84	4/7/84	310
Lake Hume (Victorian section)	31/7/84	8/8/84	10 062
Loddon River (Laanecoorie)	24/9/85	2/10/85	1830
Merino	10/12/85	18/12/85	51
Mollison Creek (Pyalong)	12/3/86	26/3/86	166
Bemm River	22/7/86	30/7/86	939
Brodribb River	22/7/86	30/7/86	925
Little Bass River (Poowong–Loch–Nyora)	10/11/87	18/11/87	7
Bellview & Ness Creeks (Korumburra)	10/11/87	18/11/87	6
Ruby Creek (Leongatha)	10/11/87	18/11/87	9
Battery Creek (Fish Creek)	10/11/87	18/11/87	2
Deep Creek (Foster)	10/11/87	18/11/87	18
Agnes River	10/11/87	18/11/87	67
Ovens River (Wangaratta)	12/4/88	20/4/88	3070
Fiery Creek Tributaries (Beaufort)	4/10/88	12/10/88	8
Musical Gully and Troy Reservoirs (Beaufort)	4/10/88	12/10/88	1
Langi Ghiran Reservoir	4/10/88	12/10/88	1
Picnic Road (Ararat)	4/10/88	12/10/88	1
Crusoe Group Reservoirs (Bendigo)	15/3/89	15/3/89	16
Spring Gully Reservoir (Bendigo)	15/3/89	15/3/89	3
Teddington Reservoir	15/3/89	15/3/89	27

Name of Catchment	Date of proclamation	Date of Govt. Gazette in which proclamation published	Area Sq. Km.
Barwon Downs Wellfield Intake Area (Geelong)	15/3/89	15/3/89	77
Yuppeckiar Creek Reservoir (Glenthompson)	6/6/89	14/6/89	1
Konong Wootong Reservoir (Coleraine)	6/6/89	14/6/89	11
Mortlake Spring (Mortlake)	25/6/91	3/7/91	14
Wannon River Tributaries (Lake Bellfield)	25/7/89	2/8/89	2
Mason Creek (Willaura)	25/7/89	2/8/89	16
Serra Range Tributaries (Dunkeld)	25/6/91	3/7/91	48
Little Tea Tree Creek Tributaries (Hamilton)	25/7/89	2/8/89	4
Pykes Creek Reservoir and Werribee River	24/10/89	25/10/89	237
Nine Mile Creek (Longwood)	23/1/90	24/1/90	4
Barambogie Creek (Chiltern)	23/1/90	24/1/90	11
Candowie Reservoir North	24/4/90	2/5/90	2
Tarwin River (Meeniyan)	24/4/90	2/5/90	1077
Merrimans Creek (Seaspray)	24/4/90	2/5/90	544
Deep Creek & Loch River (Noojee)	31/7/90	1/8/90	112
Redbank Creek (Redbank)	25/9/90	26/9/90	3
Forest Creek (Ampitheatre)	25/9/90	26/9/90	3
Learmonth Borefield	25/6/91	3/7/91	59
St Enochs Spring (Skipton)	25/6/91	3/7/91	79

* * * * *

SCHEDULE 7

Section 102

Column 1 Body	Column 2 Regional Catchment and Land Protection Board
Wimmera Catchment and Land Protection Board	Wimmera Regional Catchment and Land Protection Board
Glenelg Catchment and Land Protection Board	Glenelg Regional Catchment and Land Protection Board
Corangamite Catchment and Land Protection Board	Corangamite Regional Catchment and Land Protection Board
North Central Catchment and Land Protection Board	North Central Regional Catchment and Land Protection Board
North East Catchment and Land Protection Board	North East Regional Catchment and Land Protection Board
Goulburn Catchment and Land Protection Board	Goulburn Regional Catchment and Land Protection Board
West Gippsland Catchment and Land Protection Board	West Gippsland Regional Catchment and Land Protection Board
East Gippsland Catchment and Land Protection Board	East Gippsland Regional Catchment and Land Protection Board
Mallee Catchment and Land Protection Board	Mallee Regional Catchment and Land Protection Board

═══════════════

ENDNOTES

1 General information

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

Minister's second reading speech—

Legislative Assembly: 5 May 1994

Legislative Council: 31 May 1994

The long title for the Bill for this Act was "A Bill to establish a system of integrated management and protection for catchments, to establish a framework for controlling noxious weeds and pest animals, to repeal the Soil Conservation and Land Utilization Act 1958 and the Vermin and Noxious Weeds Act 1958, to amend various other Acts and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 5 May 1994

Legislative Council: 31 May 1994

Absolute majorities:

Legislative Assembly: 27 May 1994

Legislative Council: 1 June 1994

The Catchment and Land Protection Act 1994 was assented to on 15 June 1994 and came into operation as follows: Sections 1, 2 on 15 June 1994: section 2(1); sections 3–5, Part 2 (sections 6–19), Schedule 1 on 30 September 1994: Government Gazette 29 September 1994 page 2306; rest of Act on 15 December 1994: section 2(3).

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 Catchment and Land Protection Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Extractive Industries Development Act 1995, No. 67/1995

Assent Date: 17.10.95

Commencement Date: Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4

CurrentState: All of Act in operation

Zoological Parks and Gardens Act 1995, No. 106/1995 (as amended by No. 45/1997)

Assent Date: 5.12.95

Commencement Date: Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96:
Special Gazette (No. 45) 30.4.96 p. 1

CurrentState: All of Act in operation

Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998

Assent Date: 19.5.98

Commencement Date: S. 12 on 26.6.98: Government Gazette 25.6.98 p. 1561

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Catchment and Land Protection (Amendment) Act 1998, No. 39/1998

Assent Date: 26.5.98

Commencement Date: Ss 10, 11 on 26.5.98: s. 2(1); ss 3–9 on 31.1.99: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98

Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98

Commencement Date: S. 311(Sch. 1 item 12) on 1.7.98: Government Gazette 18.6.98 p. 1512

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date: 17.11.98

Commencement Date: S. 24(Sch. item 8) on 1.1.99: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Petroleum Act 1998, No. 96/1998

Assent Date: 24.11.98

Commencement Date: S. 257(1) on 1.12.99: s. 2(3)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Statute Law Revision Act 2000, No. 74/2000

Assent Date: 21.11.00

Commencement Date: S. 3(Sch. 1 item 15) on 22.11.00: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Catchment and Land Protection (Amendment) Act 2003, No. 61/2003

Assent Date: 2.9.03

Commencement Date: Ss 4–34 on 5.1.04: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Road Management Act 2004, No. 12/2004

Assent Date: 11.5.04

Commencement Date: S. 151 on 1.7.04: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Planning and Environment (General Amendment) Act 2004, No. 81/2004

Assent Date: 16.11.04

Commencement Date: S. 45 on 23.5.05: Government Gazette 19.5.05 p. 930

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04

Commencement Date: S. 117(1)(Sch. 3 item 26) on 5.4.05: Government Gazette 31.3.05 p. 602

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Geothermal Energy Resources Act 2005, No. 7/2005

Assent Date: 27.4.05

Commencement Date: S. 170 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date: 29.8.06

Commencement Date: S. 61(Sch. item 5) on 30.8.06: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Catchment and Land Protection (Further Amendment) Act 2006, No. 67/2006

Assent Date: 19.9.06

Commencement Date: Ss 5(2), 6, 9–12, 14, 15, 16(2), 17–20, 22, 24 on 20.9.06: s. 2(1); ss 3, 4, 5(1)(3), 7, 8, 13, 16(1), 21, 23, 25 on 24.10.06: Special Gazette (No. 284) 24.10.06 p. 1

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 11.10.06

Commencement Date: S. 26(Sch. item 8) on 11.10.06: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Water (Governance) Act 2006, No. 85/2006

Assent Date: 17.10.06

Commencement Date: Ss 149–159 on 31.10.06: Government Gazette 26.10.06 p. 2286

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date: 4.3.08

Commencement Date: S. 32(Sch. item 3) on 1.12.08: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Relationships Act 2008, No. 12/2008

Assent Date: 15.4.08

Commencement Date: S. 73(1)(Sch. 1 item 5) on 1.12.08: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008

Assent Date: 5.11.08

Commencement Date: S. 319 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1

CurrentState: This information relates only to the provisions amending the Catchment and Land Protection Act 1994

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date: 3.3.09

Commencement Date: S. 46 on 1.1.10: s. 2(2)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Primary Industries Legislation Amendment Act 2009, No. 35/2009 (as amended by No. 36/2009)

Assent Date: 30.6.09

Commencement Date: Ss 11–17 on 1.7.09: s. 2(1); ss 9, 10, 18 on 1.10.10: Special Gazette (No. 398) 30.9.10 p. 1

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Primary Industries Legislation Amendment Act 2010, No. 48/2010

Assent Date: 24.8.10

Commencement Date: Ss 3–14 on 1.10.10: Government Gazette 30.9.10 p. 2286

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date: 19.10.10

Commencement Date: S. 24(Sch. 1 item 5) on 1.1.11: s. 2(1)

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Catchment and Land Protection Amendment Act 2013, No. 51/2013

Assent Date: 24.9.13

Commencement Date: 18.11.13: Special Gazette (No. 398) 12.11.13 p. 1

Current State: All of Act in operation

Sale of Land Amendment Act 2014, No. 33/2014

Assent Date: 13.5.14

Commencement Date: S. 9 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14

Commencement Date: S. 10(Sch. item 13) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Justice Legislation Further Amendment Act 2016 No. 3/2016

Assent Date: 16.2.16

Commencement Date: S. 96 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date: 15.11.16

Commencement Date: S. 159 on 1.7.17: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date: 26.9.17

Commencement Date: Ss 69, 70 on 1.12.17: s. 2(3)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date: 24.10.17

Commencement Date: S. 71 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date: 27.2.18

Commencement Date: S. 68(Sch. 2 item 17) on 1.3.19: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date: 29.5.18

Commencement Date: Ss 6, 7 on 30.5.18: s. 2

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Marine and Coastal Act 2018, No. 26/2018

Assent Date: 26.6.18

Commencement Date: S. 86 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by Nos 27/2019, 11/2020)

Assent Date: 28.8.18

Commencement Date: S. 32 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Water and Catchment Legislation Amendment Act 2019, No. 23/2019

Assent Date: 20.8.19

Commencement Date: Ss 118–126 on 9.10.19: Special Gazette (No. 409) 8.10.19 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date: 10.9.19

Commencement Date: S. 45 on 1.6.20: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date: 6.11.19

Commencement Date: Ss 3, 4 on 1.2.20: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date: 3.12.19

Commencement Date: S. 186(Sch. 4 item 7) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1

CurrentState: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Local Government Act 2020, No. 9/2020

Assent Date: 24.3.20

Commencement Date: S. 390(Sch. 1 item 11) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date: 23.6.20

Commencement Date: Ss 77, 78 on 1.12.20: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date: 19.10.21

Commencement Date: S. 219(Sch. 1 item 2) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Water and Catchment Legislation Amendment Act 2021, No. 48/2021

Assent Date: 3.11.21

Commencement Date: Ss 109–138 on 1.1.22: Special Gazette (No. 717) 14.12.21 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date: 15.2.22

Commencement Date: S. 87 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date: 15.6.22

Commencement Date: Ss 39–48 on 1.10.22: Special Gazette (No. 506) 27.9.22 p. 1; ss 31–38, 49 on 5.4.23: s. 2(2)

Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

Assent Date:	17.10.95
Commencement Date:	Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	All of Act in operation

Assent Date:	5.12.95
Commencement Date:	Ss 1, 2 on 5.12.95: s. 2(1); rest of Act on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1
CurrentState:	All of Act in operation

Assent Date:	19.5.98
Commencement Date:	S. 12 on 26.6.98: Government Gazette 25.6.98 p. 1561
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	26.5.98
Commencement Date:	Ss 10, 11 on 26.5.98: s. 2(1); ss 3–9 on 31.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 12) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 8) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	24.11.98
Commencement Date:	S. 257(1) on 1.12.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 15) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	2.9.03
Commencement Date:	Ss 4–34 on 5.1.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	11.5.04
Commencement Date:	S. 151 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	16.11.04
Commencement Date:	S. 45 on 23.5.05: Government Gazette 19.5.05 p. 930
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 26) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	27.4.05
Commencement Date:	S. 170 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 5) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	19.9.06
Commencement Date:	Ss 5(2), 6, 9–12, 14, 15, 16(2), 17–20, 22, 24 on 20.9.06: s. 2(1); ss 3, 4, 5(1)(3), 7, 8, 13, 16(1), 21, 23, 25 on 24.10.06: Special Gazette (No. 284) 24.10.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	11.10.06
Commencement Date:	S. 26(Sch. item 8) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	17.10.06
Commencement Date:	Ss 149–159 on 31.10.06: Government Gazette 26.10.06 p. 2286
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 3) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 5) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	5.11.08
Commencement Date:	S. 319 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1
CurrentState:	This information relates only to the provisions amending the Catchment and Land Protection Act 1994

Assent Date:	3.3.09
Commencement Date:	S. 46 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	30.6.09
Commencement Date:	Ss 11–17 on 1.7.09: s. 2(1); ss 9, 10, 18 on 1.10.10: Special Gazette (No. 398) 30.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	24.8.10
Commencement Date:	Ss 3–14 on 1.10.10: Government Gazette 30.9.10 p. 2286
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 5) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	24.9.13
Commencement Date:	18.11.13: Special Gazette (No. 398) 12.11.13 p. 1
Current State:	All of Act in operation

Assent Date:	13.5.14
Commencement Date:	S. 9 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1
Current State:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 13) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	16.2.16
Commencement Date:	S. 96 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	15.11.16
Commencement Date:	S. 159 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994

Assent Date:	26.9.17
Commencement Date:	Ss 69, 70 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Catchment and Land Protection Act 1994