Catchment and Land Protection (Register of Interests) Regulations 2016 (Vic)

Version No. 001

Catchment and Land Protection (Register of Interests) Regulations 2016

S.R. No. 125/2016

Version as at

23 October 2016

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Revocation

5Definition

6Primary return

7Ordinary return

8Inspection of register of interests

Schedule 1

Schedule 2

Schedule 3

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Catchment and Land Protection (Register of Interests) Regulations 2016

S.R. No. 125/2016

Version as at

23 October 2016

1Objectives

The objectives of these Regulations are—

(a)to prescribe the form of returns under section 18K of the Catchment and Land Protection Act 1994; and

(b)to provide for applications to inspect the register of interests under section 18M of that Act.

2Authorising provision

These Regulations are made under section 95 of the Catchment and Land Protection Act 1994.

3Commencement

These Regulations come into operation on 23 October 2016.

4Revocation

The Catchment and Land Protection (Register of Interests) Regulations 2006[1] are revoked.

5Definition

In these Regulations—

the Act means the Catchment and Land Protection Act 1994.

6Primary return

For the purposes of section 18K(1) and (3) of the Act, the prescribed form of a primary return is the form set out in Schedule 1.

7Ordinary return

For the purposes of section 18K(4) of the Act, the prescribed form of an ordinary return is the form set out in Schedule 2.

8Inspection of register of interests

For the purposes of section 18M(2) of the Act, an application by a person to inspect the register is made in accordance with the regulations if it is made in the form set out in Schedule 3.

Schedule 1

Regulation 6

PRIMARY RETURN

(Surname)  (Given names)

(Name of Authority)

Details of registrable interests as at the date of this return—

1.The name of any company or other body, corporate or unincorporate, in which you hold an office whether as a director or otherwise.

2.The name or description of any company, partnership, association or other body in which you hold a beneficial interest exceeding $2000 in value.

3.The address or description of any land in the region of the Authority or in a region which adjoins the Authority's region in which you hold any beneficial interest other than by way of security for any debt.

4.A concise description of any trust in which you hold a beneficial interest or of which you are a trustee and in which a relative, as defined in section 18L(4) of the Catchment and Land Protection Act 1994, holds a beneficial interest.

5.Any other substantial interest, whether of a pecuniary nature or not, of yours or of a relative, as defined in section 18L(4) of the Catchment and Land Protection Act 1994, of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).

Signature of person making return:

Signature of witness:

Date:

Schedule 2

Regulation 7

ORDINARY RETURN

(Surname)  (Given names)

(Name of Authority)

Details of registrable interests in relation to the return period—

1.The name of any company or other body, corporate or unincorporate, in which you held an office whether as a director or otherwise.

2.The name or description of any company, partnership, association or other body in which you held a beneficial interest exceeding $2000 in value.

3.The address or description of any land in the region of the Authority or in a region which adjoins the Authority's region in which you held any beneficial interest other than by way of security for any debt.

4.A concise description of any trust in which you held a beneficial interest or of which you are a trustee and in which a relative, as defined in section 18L(4) of the Catchment and Land Protection Act 1994, held a beneficial interest.

5.Particulars of any gift of $2000 or more in value received by you from a person other than a relative, as defined in section 18L(4) of the Catchment and Land Protection Act 1994.

6.Any other substantial interest, whether of a pecuniary nature or not, of yours or of a relative, as defined in section 18L(4) of the Catchment and Land Protection Act 1994, of which you are aware and which you ought reasonably to consider might appear to raise a material conflict between your private interest and your public duty as a member or nominated officer (as the case may be).

Signature of person making return:

Signature of witness:

Date:

Schedule 3

Regulation 8

APPLICATION TO INSPECT REGISTER OF INTERESTS

(Surname)  (Given names)

(Address)  (Postcode)

(Telephone Number)

I, the undersigned, apply under section 18M(2) of the Catchment and Land Protection Act 1994, to the

(Name of Catchment Management Authority)

to inspect the register of interests the Authority maintains under section 18M(1) of that Act relating to:

(Name(s) of person(s) whose return(s) is/are to be inspected)    /     /20   

for the reason/s stated below:

(Signed)  (Dated)

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Endnotes

1   General information

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

The Catchment and Land Protection (Register of Interests) Regulations 2016, S.R. No. 125/2016 were made on 11 October 2016 by the Governor in Council under section 95 of the Catchment and Land Protection Act 1994, No. 52/1994 and came into operation on 23 October 2016: regulation 3.

The Catchment and Land Protection (Register of Interests) Regulations 2016 will sunset 10 years after the day of making on 11 October 2026 (see section 5 of the Subordinate Legislation Act 1994).

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Catchment and Land Protection (Register of Interests) Regulations 2016 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4   Explanatory details

[1] Reg. 4: S.R. No. 151/2006.