Conservation, Forests and Lands Act 1987 (Vic)

Version No. 110

Conservation, Forests and Lands Act 1987

No. 41 of 1987

Version incorporating amendments as at

22 October 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

4Object

4ATransport Integration Act 2010

5Crown to be bound

Part 2—Administration

Division 1—Secretary

6Secretary to be body corporate

7Secretary to be subject to control

8Department Head to have same powers as before incorporation

10Functions of Secretary

11Delegation of powers and functions

Division 2—Advisory bodies

12Committees

Part 3—Property

13Power to acquire land

14The Land Acquisition and Compensation Act 1986 is to apply

15Power to dispose of land

16Power to accept donations

17Easements

Part 4—Finance

Division 1—Agreements and accounting

18Power of the Secretary to enter into contracts

19Limitation upon the Secretary's power to make contracts

20Expenditure by the Secretary

21Entry of payments

22Conservation, Forests and Lands Stores Suspense Account

23Conservation, Forests and Lands Plant and Machinery Fund

24Budgets

25Payments into Consolidated Fund in respect of roads etc.

Division 2—Charges and fees

27Right to levy charges and fees

28Charges and fees

29Liability for charge or fee

30Charge or fee may be recovered as debt

Part 5—Codes of Practice

31Power to make Codes of Practice

32Variation and revocation of Code of Practice

33Advertisement of draft Code of Practice, variation or revocation

34Consideration of submissions

37Making and publication of Codes of Practice, variations and revocations

37ATabling and disallowance

38Availability of Code of Practice

39Compliance with Codes of Practice

40Incorporation of Codes of Practice by regulation

Part 5A—Sustainable forest management

40AMinister to determine sustainability criteria and indicators and reporting requirements

40BDetermination to be published

40CSecretary to report on indicators

40DMinister may arrange audits

40ESustainability Charter

Part 6—Conservation workers

56Definitions

57Secretary may give certificates

58Compensation for personal injuries and property damage

59Jurisdiction of County Court

60Authority to represent the Crown

61Authority entitled to costs and expenses

62Rules

63Recovery from third parties

64Compensation and expenses to be paid from Consolidated Fund

65Offence

Part 7—Public authorities

66When a plan of works must be submitted

67Compliance with Codes of Practice and comments

Part 7A—Parks Victoria land record

Division 1—Establishment and keeping of Parks Victoria land record

67AParks Victoria land record

67BLand in respect of which regulations under Part 9A may be made

67CAmendment of the record

Division 2—Effect of inclusion of land in Parks Victoria land record

67DDefinitions

67ETransfer of property and other matters from the Secretary to Parks Victoria

67FSaving of tour operator licences

67GSaving of applications for tour operator licences and variations of tour operator licences

67HDecisions under section 17E of the Crown Land (Reserves) Act 1978, use of land for car parks

67IOrders as to management and control of reserved land under section 18 of the Crown Land (Reserves) Act 1978

67JConstruction of conditions in leases under section 121 of the Land Act 1958

67KConstruction of conditions in licences under section 130 of the Land Act 1958

67LAgistment permits under section 133A of the Land Act 1958

67MLicences under section 16 of the Wildlife Act 1975

Part 8—Land management co‑operative agreements

68Powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

69Power to enter into agreements

70Content of agreements

71Form and operation of agreement

72Agreements binding on successors

73Wildlife sanctuaries

74Public access to certain land

75Rate relief

76Variation or termination of agreements

77Remedies for breach of agreement

78Injunctions

79Amount due to Secretary is a charge on land

80Information to be given to the public

81Offences by third parties

82Regulations

Part 8A—Traditional Owner Land Management Boards

Division 1—Definitions

82ADefinitions

Division 2—Constitution of Traditional Owner Land Management Boards

82ABRole of Minister, Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority where recognition and settlement agreement exists

82BPower of Minister to establish Traditional Owner Land Management Board

82BARevocation of appointment of committee of management

82CStatus of Traditional Owner Land Management Boards

82DApplication of Public Administration Act 2004

82EObjective of Traditional Owner Land Management Boards

82FVariation of role etc. of Traditional Owner Land Management Board

82FARequirements for variation where recognition and settlement agreement applies

82GAbolition of Traditional Owner Land Management Board

82GARequirements for abolition where recognition and settlement agreement applies

Division 3—Functions, powers and duties of Traditional Owner Land Management Boards

82HFunctions of Traditional Owner Land Management Boards

82IPowers and duties of Traditional Owner Land Management Boards

82JFunctions, powers and duties to be carried out in accordance with relevant Act

Division 4—Description, membership and procedure

82KTitle

82LMembership

82MAppointment and dismissal of members

82NCessation of office of members

82OProcedures

Division 5—Agreements as to Traditional Owner Land Management Boards

82PAgreements as to the establishment etc. of Traditional Owner Land Management Boards

Division 5A—Joint management plans

82PAJoint preparation of management plans

82PBRequirements of specific Acts as to management to apply

82PCOther requirements for management plans

82PDCompletion of preparation of management plan

82PENotice of completed management plan

82PFMaking and consideration of submissions

82PGAgreement to management plan

82PHApproval of plan by Minister

82PIEffect of plan

82PJVariation of joint management plan

Division 6—General

82QDelegations to or in relation to Traditional Owner Land Management Boards

82RDescribing land in determinations

Part 9—Enforcement and general provisions

83AADefinition

83Appointment of authorised officers

84Appointment of persons to perform certain functions of authorised officers

85Police officers to assist authorised officers

86Immunity of officers

87Statement of authorised officer is evidence

88Certificate of Secretary or chief executive officer of Parks Victoria or Great Ocean Road Coast and Parks Authority is evidence

88ACertificates of identification

89Injunctions

90Offences by bodies corporate and partnerships etc.

91Infringement notice

94Parking infringements

95False or misleading statements

95AHindering or obstructing forest operations

96Proceedings for offences

97Compensation

98Action for damages

99Regulations

100Governor in Council may amend Schedule 3

Part 9A—Regulations for certain Parks Victoria recorded land

101Definitions

102Regulation making power for recorded land

Part 10—Transitional provisions

107References

108Staff

111Accounts

114Continuation of section 94A of the Forests Act 1958

117Bodies not affected by change in constitution

119References to the Secretary

120Saving and transitional provisions—appointments and delegations

121Saving of appointments of authorised officers—Sustainable Forests (Timber) Act 2004

122Codes of Practice—Sustainable Forests (Timber) Act 2004

123Transitional provision—Traditional Owner Settlement Act 2010

124Transitional provision—delegation of powers and functions under section 11(3A), (3AA), (3B) or (3C)

125Savings and transitional provision—Repeal of Sustainable Forests (Timber) Act 2004

Schedules

Schedule 1

Schedule 1A

Schedule 2—Provisions relating to membership and procedure of committees and Councils

Schedule 3—Works of public authorities

Schedule 4—Transitional provisions applying on abolition of Traditional Owner Land Management Boards

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 110

Conservation, Forests and Lands Act 1987

No. 41 of 1987

Version incorporating amendments as at

22 October 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to create a body corporate called the Director-General of Conservation, Forests and Lands, to define its powers and to transfer to it the functions of the Forests Commission, the Soil Conservation Authority and the Vermin and Noxious Weeds Destruction Board, and to abolish those bodies;

(b)to provide a framework for a land management system and to make necessary administrative, financial and enforcement provisions;

(c)to establish a system of land management co‑operative agreements;

to make consequential amendments to various Acts.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

agreement means a land management co‑operative agreement under Part 8;

authorised officer means an authorised officer—

(a)appointed under Part 9; or

(b)appointed by the Game Management Authority under Part 3 of the Game Management Authority Act 2014;

(c)appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016;

authority includes consent, approval, endorsement, licence, permit or registration;

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coastal and marine management plan has the same meaning as in the Marine and Coastal Act 2018;

Code of Practice means a Code of Practice under Part 5 as amended and in force for the time being;

Crown land means land which is, or is deemed to be, unalienated land of the Crown and includes—

(a)land of the Crown reserved permanently or temporarily or set aside by or under an Act; and

(b)land of the Crown occupied by a person under a lease, licence or other right; and

(c)land of the Crown managed by a public authority other than the Department or the Secretary; and

(d)land of the Crown which is, or is part of, a national park or a park within the meaning of the National Parks Act 1975;

Department means the Department of Energy, Environment and Climate Action;

Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

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forest produce has the same meaning as it has in the Forests Act 1958;

former authority means any of the following bodies—

(a)the Forests Commission established under the Forests Act 1958;

(b)the Soil Conservation Authority established under the Soil Conservation and Land Utilization Act 1958;

(c)the Vermin and Noxious Weeds Destruction Board established under the Vermin and Noxious Weeds Act 1958;

Game Management Authority means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014;

Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

land owner—

(a)in relation to land which has been alienated from the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act) means the person who is registered as a proprietor, or the persons who are registered as the proprietors, of an estate in fee simple in the land; and

(b)in relation to land which has been alienated by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958, means the person who is the owner, or the persons who are owners, of the fee or equity of redemption; and

(c)in relation to Crown land which is occupied under a lease, licence or other right, means the occupier under that lease, licence or right; and

(d)in relation to Crown land which is managed or controlled by a public authority, (other than the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority) or a Minister (other than the Minister administering this Act) means the public authority or Minister that manages or controls the land; and

(e)in relation to vested land, means the Victorian Plantations Corporation or, if the land is licensed under Part 3A of that Act, the licensee (within the meaning of that Part) of the land;

marine and coastal Crown land has the same meaning as in the Marine and Coastal Act 2018;

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

Parks Victoria land record means the record kept under Division 1 of Part 7A;

Parks Victoria managed land has the same meaning as in the Parks Victoria Act 2018;

Parks Victoria Minister means the Minister administering the Parks Victoria Act 2018;

Parks Victoria recorded land means any land recorded on the Parks Victoria land record;

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

public authority means a body corporate created for a public purpose by or under an Act and includes—

(a)a municipal council; and

(b)the State Superannuation Board; and

(c)a college or university or other educational institution incorporated by or under an Act; and

(d)a body for the time being declared to be a public authority under subsection (3);

rate includes land tax;

rating authority—

(a)in relation to land tax, means the Commissioner of State Revenue; and

(b)in relation to rates levied under an Act, means the body which levies the rate;

relevant law means, in relation to any provision of this Act—

(a)this Act;

(b)the regulations;

(c)an Act specified in Schedule 1;

(d)regulations under an Act specified in Schedule 1—

and, in Part 9 (except sections 89, 97 and 98), includes an Act specified in Schedule 1A and regulations under any such Act;

Secretary means the body corporate established by Part 2;

successor in title in relation to vested land means—

(a)if the land owner is the Victorian Plantations Corporation, any licensee of the vested land within the meaning of Part 3A of the Victorian Plantations Corporation Act 1993; and

(b)if the land owner is a licensee of the vested land under a licence granted under that Part, any assignee of an interest in the licence or any person to whom an interest in the licence comes by operation of law;

Traditional Owner Land Management Board means a Board established under Part 8A;

vested land has the same meaning as it has in the Victorian Plantations Corporation Act 1993;

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Victorian Fisheries Authority means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016;

Victorian Plantations Corporation has the same meaning as in the Victorian Plantations Corporation Act 1993.

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(3)The Governor in Council may by Order published in the Government Gazette declare a body corporate constituted by or under an Act to be a public authority for the purposes of subsection (1).

4Object

The object of this Act is to set up a legislative framework to enable the Minister—

(a)to be an effective conserver of the State's lands, waters, flora and fauna; and

(b)to make provision for the productive, educational and recreational use of the State's lands, waters, flora and fauna in ways which are environmentally sound, socially just and economically efficient.

4ATransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

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 the Parliament permits, the Crown in all its other capacities.

PART 2—ADMINISTRATION

Division 1—Secretary

6Secretary to be body corporate

(1)The person who is for the time being the Department Head (within the meaning of the Public Administration Act 2004) of the Department and the successors in office of that person are a body corporate under the name "Secretary to the Department of Energy, Environment and Climate Action".

(2)The Secretary—

(a)has perpetual succession; and

(b)is to have an official seal; and

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

(d)is, subject to this Act, capable of taking, purchasing, acquiring, leasing, holding, exchanging, selling and disposing of real and personal property for the purpose of performing its functions or exercising its powers under a relevant law.

(3)The seal of the Secretary must be kept in such custody as the Secretary directs and must not be used except as authorised by the Secretary.

(4)All courts must take judicial notice of the seal of the Secretary that has been affixed to any document and must presume that it was duly affixed.

(5)The body corporate under subsection (1) is the successor in law of the body corporate established under section 6(1) of this Act as in force immediately before the commencement of the Crown Land Acts (Amendment) Act 1993.

(6)The body corporate established by this section is deemed to be and always to have been the same body despite the change made to its name by the Public Sector Reform (Miscellaneous Amendments) Act 1998.

(7)The body corporate established by this section is taken to be and always to have been the same body despite the change made to its name by the Crown Land Legislation Amendment Act 2016.

7Secretary to be subject to control

(1)In the carrying out of the powers, functions and duties conferred or imposed on the Secretary by or under this or any other Act, the Secretary is subject to the direction and control of the Minister.

(2)The Secretary must give the Minister such reports, documents and information as may be required by Parliament pursuant to any Act, or pursuant to any Order of either House of Parliament.

(3)The Secretary must, at intervals determined by the Minister, provide the Minister with reports concerning all business carried on by the Secretary and any further information which the Minister may require.

(4)This section does not apply to a power, function or duty of the person for the time being constituting the body called "the Secretary to the Department of Energy, Environment and Climate Action", being a power function or duty which the person has in the capacity of Department Head.

8Department Head to have same powers as before incorporation

The powers and functions of the person who for the time being constitutes the body corporate established by this Division are in addition to, and do not affect the person's powers and functions as Department Head whether those powers and functions are conferred by or are derived from the Public Administration Act 2004 or by any other Act, law or practice.

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10Functions of Secretary

(1)The Secretary has the functions conferred by a relevant law or by or under any other Act.

(2)Subject to this Act, the Secretary has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

11Delegation of powers and functions

(1)The Minister may by instrument delegate any of the Minister's powers, functions or duties (except the powers, functions and duties under Parts 2, 5 and 8 and under section 19 and this power of delegation) conferred or imposed under this or any other Act as are specified in the instrument to—

(a)any employee under the Public Administration Act 2004 or the holder of a statutory office within the meaning of that Act; or

(b)with the consent of the Minister concerned, any officer, employee or servant of the Public Service of the Commonwealth or a State or Territory other than Victoria; or

(c)any council, board or committee established under a relevant law; or

(ca)a Catchment Management Authority under the Catchment and Land Protection Act 1994; or

(cb)Parks Victoria or an employee of Parks Victoria; or

(cc)the Great Ocean Road Coast and Parks Authority or an employee of the Authority; or

(d)the Victorian Plantations Corporation or a member of staff of that Corporation; or

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(f)the Victorian Fisheries Authority or the chief executive officer of that Authority.

(2)The Secretary by instrument under seal may delegate any of the Secretary's powers, functions or duties, (except this power of delegation) conferred or imposed under this or any other Act as are specified in the instrument to—

(a)any employee under the Public Administration Act 2004 or the holder of a statutory office within the meaning of that Act; or

(b)any officer or employee of whose services the Minister makes use in pursuance of this or any other Act; or

(c)with the consent of the Minister concerned, any officer, employee or servant of the Public Service of the Commonwealth or a State or Territory other than Victoria; or

(d)any council, board or committee established under a relevant law; or

(da)Parks Victoria or an employee of Parks Victoria; or

(db)the Great Ocean Road Coast and Parks Authority or an employee of the Authority; or

(e)the Victorian Plantations Corporation or a member of staff of that Corporation.

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(3)A delegation under subsection (1) or subsection (2) may be made to a particular person or class of persons.

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(4)The Minister may by instrument delegate to the Secretary all or any of the Minister's powers functions or duties under this Act (except the powers, functions and duties under Parts 2, 5 and 8 and under section 19 and this power of delegation).

(5)The Minister cannot under subsection (1) or (4) delegate the power under section 138A(7)(c) of the Land Act 1958 to grant or renew, or approve the grant or renewal of, a licence for a term exceeding 21 years.

Division 2—Advisory bodies

12Committees

(1)For the purpose of this Act the Minister may do any of the following—

(a)create one or more councils or committees;

(b)appoint members to a council or committee;

(c)determine the period for which a council or committee is constituted;

(d)determine the functions of a council or committee;

(e)appoint a convener to a council or committee;

(f)abolish a council or committee.

(2)The Minister may create a council or committee to—

(a)provide advice and make recommendations to the Minister and the Secretary in relation to matters specifically referred to the council or committee by the Minister or the Secretary and generally in relation to matters referred to it by the Minister; and

(b)assist in the implementation of departmental policies, programmes and services; and

(c)monitor the effectiveness, efficiency and economy of departmental policies, programmes and services; and

(d)encourage and assist communication between the Department and any person, group or corporation referred to by the Minister or the Secretary; and

(e)engage in the regular review of any matter referred to it by the Minister; and

(f)report to the Minister on those functions of the Department affecting any matter referred to it by the Minister.

(3)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of a council or committee in respect of the office of member.

(4)Schedule 2 has effect in relation to a council or committee established under this Division.

PART 3—PROPERTY

13Power to acquire land

For the purposes of this Act or an Act specified in Schedule 1 the Secretary may purchase or compulsorily acquire any land or interest in land on behalf of the Crown.

14The Land Acquisition and Compensation Act 1986 is to apply

(1)The Land Acquisition and Compensation Act 1986 applies to the purchase and compulsory acquisition of land by the Secretary under this Part.

(2)For the purpose of the application of the Land Acquisition and Compensation Act 1986—

(a)The special Act is this Act; and

(b)The Authority is the Secretary.

15Power to dispose of land

(1)For the purposes of a relevant law the Secretary may with the approval of the Minister dispose of any land which has been alienated by the Crown or an interest in any such alienated land belonging to the Secretary.

(2)In subsection (1) dispose includes sell or exchange.

(3)The Minister may give approval under this section subject to conditions, including conditions as to price.

(4)The Secretary must pay the proceeds of the disposal of land under this section into the Consolidated Fund.

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16Power to accept donations

For the purposes of a relevant law the Secretary may acquire any property on behalf of the Crown as a gift, devise or bequest whether upon conditions or otherwise.

17Easements

Where a right in the nature of an easement or purporting to be an easement or an irrevocable licence is purchased or compulsorily acquired under this Part that right is deemed for all purposes to be an easement although there is no land vested in the Secretary which is in fact benefited or capable of being benefited by that right.

PART 4—FINANCE

Division 1—Agreements and accounting

18Power of the Secretary to enter into contracts

(1)For the purposes of a relevant law the Secretary may enter into contracts or agreements with any persons or corporations.

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(3)The Secretary may do all things that are necessary or convenient to be done to give effect to a contract made under this section.

19Limitation upon the Secretary's power to make contracts

(1)In this section prescribed amount means—

(a)$50 000; or

(b)if a greater amount is prescribed for the purposes of this section, that greater amount.

(2)A contract or agreement entered into by the Secretary where—

(a)the consideration exceeds the prescribed amount; or

(b)the period for performance exceeds three years—

has no force or effect unless approved by the Minister.

(3)This section does not apply to a land management co-operative agreement under Part 8.

20Expenditure by the Secretary

The Secretary must pay the costs of the administration, maintenance, protection and management of all Crown lands under the jurisdiction and control of the Secretary and all other matters and things under the jurisdiction and control of the Secretary out of such money as is from year to year provided for that purpose by Parliament.

21Entry of payments

An entry of every payment made under section 20 must be made in books of account kept by the Secretary and must state the Crown land or other matter or thing for which the payment has been made.

22Conservation, Forests and Lands Stores Suspense Account

(1)There is established and kept in the Treasury an account called the "Conservation, Forests and Lands Stores Suspense Account" (in this section called the account).

(2)Any amount specified for the purpose in any Act must be paid into the account for the purchase of stores, fuel, materials, fittings, equipment and the procurement and hire of plant for works under a relevant law.

(3)The money in the account must be applied—

(a)for the purchase of stores, fuel, materials, fittings, equipment and the procurement, hire, operation, maintenance and repair of plant pending the allocation of such stores, fuel, materials, fittings, equipment and plant to the various works in which they are used; and

(b)to defray the cost of manufacturing articles for stock for use on works of the Secretary.

(4)The value or amount of—

(a)stores, fuel, materials, fittings, equipment, plant and hire charges made for the use of such plant; and

(b)manufactured articles of stock—

must be charged to the respective appropriations or funds (made or established under any Act) for the various works in which they are used, and must be credited to the account.

23Conservation, Forests and Lands Plant and Machinery Fund

(1)There is established and kept in the Treasury an account called the "Conservation, Forests and Lands Plant and Machinery Fund" (in this section called the fund).

(2)When any plant or machinery of the Secretary specified for the purpose of this section by the Secretary is engaged on the construction or maintenance of any works by the Secretary, there must be charged on the money authorised for the carrying out of those works such sums as the Secretary determines are proper in the circumstances to be charged for—

(a)renewals and replacements of that plant or machinery; and

(b)costs of operating, maintaining and repairing that plant or machinery and other expenses incidental thereto.

(3)Any charge may be determined on the basis of—

(a)a percentage of the cost of the purchase, acquisition or replacement of the plant or machinery; or

(b)the period or distance or amount of work for which the plant or machinery is so engaged; or

(c)if while the plant or machinery is so engaged it must be moved from one place to another, the distance for which the plant or machinery must travel.

(4)Every sum so charged for the renewal or replacement of any such plant or machinery must be paid to the credit of the fund.

(5)Any money standing to the credit of the fund to the extent to which it is not immediately required may be invested in such securities as are approved by the Treasurer and any interest derived therefrom must be credited to the fund.

(6)Subject to subsection (5), money credited to the fund—

(a)must be applied for the purpose of the renewal or replacement of plant or machinery which has been specified for the purposes of this section; and

(b)must be used only upon the written authority of the Secretary.

(7)An item of plant or machinery not further required may be disposed of and the proceeds must be paid into the Consolidated Fund except where the item has been purchased with money from the fund as established by this section and, if the item has been so purchased the proceeds of disposal must be paid to the credit of the fund.

(8)In this section and in section 22 plant includes motor vehicles.

24Budgets

(1)The Secretary must before 31 May in each year prepare a budget of all revenues to be paid into the Conservation, Forests and Lands Stores Suspense Account and the Conservation, Forests and Lands Plant and Machinery Fund and all expenditures to be charged against each of those accounts.

(2)The budget must be prepared in the form approved by the Treasurer and must give reasons for the items contained in it.

(3)The budget must be submitted to the Treasurer not later than 31 May before the year to which it relates.

(4)The Treasurer may approve the budget or may make such alterations to it as the Treasurer sees fit.

(5)The Treasurer may from time to time determine the amount to be paid out of the Conservation, Forests and Lands Stores Suspense Account or the Conservation, Forests and Lands Plant and Machinery Fund, and the amount so determined must be paid into the Consolidated Fund.

25Payments into Consolidated Fund in respect of roads etc.

(1)There must be paid into the Consolidated Fund all moneys which under any agreement are paid to or received by the Secretary for the use of any road or track constructed or maintained by the Secretary.

(2)The moneys appropriated by Parliament for the purposes of road maintenance in forests must be paid to the Secretary for or towards the maintenance of the roads or tracks in any forest.

(3)In submitting estimates to the Parliament for appropriation for the purposes of subsection (2), the Treasurer must have regard to the amount of moneys which in any financial year were paid to or received by the Secretary under any agreement for the use of any specified road or track constructed or maintained by the Secretary.

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Division 2—Charges and fees

27Right to levy charges and fees

For the purposes of this Act, the Secretary may demand, levy and recover charges and fees in accordance with this Division.

28Charges and fees

(1)Where under the provisions of any Act or subordinate instrument the Minister, Department, Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority—

(a)supplies any service; or

(b)makes any registration; or

(c)gives any permission; or

(d)furnishes any information; or

(e)receives any application for approval—

there may be charged a fee determined by the Secretary, Parks Victoria or the Authority (as the case requires) with the approval of the Minister (not exceeding the prescribed amount, if any).

(2)The Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires) must cause a copy of a determination under subsection (1) to be published in the Government Gazette.

(3)This section does not affect the operation of a provision of an Act or regulations made under an Act which relates to charges or fees to which this section applies, including any provision which limits the amounts of those charges or fees.

29Liability for charge or fee

A charge or fee levied under this Division must be paid to the Minister, Department, Secretary or Parks Victoria by the person at whose request the service is supplied, registration made, permission given, information furnished or from whom the application is received, as the case may be.

30Charge or fee may be recovered as debt

(1)Any charge, fee or money due to the Minister, Department, Secretary or Parks Victoria under the provisions of a relevant law may be recovered as a debt in a court of competent jurisdiction.

(2)Where the charge, fee or money due is not paid within 30 days of the date that the amount is required to be paid, the amount payable includes an additional amount, being interest on the charge, fee or money due at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983.

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PART 5—CODES OF PRACTICE

31Power to make Codes of Practice

(1)The Minister, in accordance with this Part, may make Codes of Practice which specify standards and procedures for the carrying out of any of the objects or purposes of a relevant law.

(2)A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a)wholly or partially or as amended by the Code of Practice; or

(b)as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or

(c)as formulated, issued, prescribed or published from time to time.

(3)If under subsection (2)(c) a Code of Practice has applied, adopted or incorporated any matter contained in any document, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, standard, rule, specification or method is at any time amended, the document, standard, rule, specification or method is for the purpose of the Code of Practice to be taken to have not been so amended until notice of the amendment is published in the Government Gazette.

(4)A Code of Practice may do the following—

(a)confer a discretionary authority on the Minister or the Secretary;

(b)leave any matter or thing to be from time to time approved, determined, dispensed with or regulated by the Minister or the Secretary.

32Variation and revocation of Code of Practice

The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time.

33Advertisement of draft Code of Practice, variation or revocation

(1)Subject to subsection (1A), the Minister must give notice of—

(a)any draft Code of Practice which the Minister proposes to make;

(b)any variation of a Code of Practice which the Minister proposes to make;

(c)any revocation of a Code of Practice which the Minister proposes to make.

(1A)The Minister is not required to give notice under subsection (1) if satisfied that the draft Code of Practice or proposed variation of a Code of Practice is of a fundamentally declaratory or machinery nature.

(2)A notice under subsection (1) must be published—

(a)in the Government Gazette; and

(b)in a newspaper circulating generally throughout the State.

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

(a)state where a copy of the draft Code of Practice, variation or revocation (as the case requires) may be obtained; and

(b)state that submissions may be made to the Minister and that they must be made within such time (being not less than 28 days from the publication of the notice) as is specified in the notice.

34Consideration of submissions

The Minister must consider any submissions made to the Minister if those submissions are made within the time specified in section 33(3).

*                *                *                *                *

37Making and publication of Codes of Practice, variations and revocations

(1)After considering any submissions made in relation to a draft Code of Practice, or proposed variation or revocation of a Code of Practice, the Minister may make the Code of Practice, variation or revocation.

(2)Subject to subsection (3), after the making of a Code of Practice or variation of a Code of Practice, the Minister must ensure that the Code of Practice or variation is published in full—

(a)in the next general edition of the Government Gazette; or

(b)in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation.

(3)If a Code of Practice or variation of a Code of Practice is unsuitable to be published in full, notice of the making of the Code of Practice or variation and where it is available must be published—

(a)in the next general edition of the Government Gazette; or

(b)in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation.

(4)After the making of a revocation of a Code of Practice, the Minister must ensure that the revocation is published—

(a)in the next general edition of the Government Gazette; or

(b)in a special edition of the Government Gazette within 10 working days after the making of the revocation.

(5)A Code of Practice or variation or revocation of a Code of Practice takes effect on—

(a)the date on which the Code of Practice or variation is published in the Government Gazette under subsection (2); or

(b)the date on which notice of the Code of Practice or variation is published in the Government Gazette under subsection (3); or

(c)the date on which the revocation is published in the Government Gazette under subsection (4); or

(d)a later date specified in the Code of Practice, variation, notice or revocation, as the case requires.

37ATabling and disallowance

(1)The Minister must ensure that a Code of Practice or variation or revocation of a Code of Practice is tabled in each House of the Parliament on or before the sixth sitting day after—

(a)the date on which the Code of Practice or variation is published in the Government Gazette under section 37(2); or

(b)the date on which notice of the Code of Practice or variation is published in the Government Gazette under section 37(3); or

(c)the date on which the revocation is published in the Government Gazette under section 37(4).

(2)A Code of Practice or variation or revocation

of a Code of Practice may be disallowed by the Parliament.

(3)Sections 25C, 25D and 25E of the Subordinate Legislation Act 1994 apply to a Code of Practice or variation or revocation of a Code of Practice that is not a legislative instrument within the meaning of that Act, as if the Code of Practice, variation or revocation were a legislative instrument to which those sections apply.

38Availability of Code of Practice

(1)A Code of Practice and any documents incorporated in a Code of Practice—

(a)must be kept available for public inspection at—

(i)the principal office of the Department; and

(ii)major regional offices of the Department; and

(b)must be published on the Internet site of the Department.

(2)An amended document, standard, rule, specification or method, formulated, issued, prescribed or published that is applied, adopted or incorporated by a Code of Practice must be published on the Internet site of the Department.

(3)An approval, determination, dispensation or regulation under section 31(4) must be published on the Internet site of the Department as soon as practicable after its making.

39Compliance with Codes of Practice

Compliance with a Code of Practice is not required unless the Code of Practice is incorporated in or adopted by—

(a)a relevant law; or

(b)a condition specified in an authority given under a relevant law.

40Incorporation of Codes of Practice by regulation

(1)Any regulation made under this Act or any

of the Acts specified in Schedule 1 or any Act administered by the Minister may incorporate or adopt a Code of Practice made in accordance with the objects or purposes of this or that Act, including any documents applied, incorporated or adopted by reference in the Code of Practice.

(2)For the purposes of subsection (1), a regulation may incorporate or adopt a Code of Practice—

(a)wholly or partly or as amended by the regulation; or

(b)as existing at the time when the regulation is made or at any time before then; or

(c)as amended from time to time in accordance with this Act.

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PART 5A—SUSTAINABLE FOREST MANAGEMENT

40AMinister to determine sustainability criteria and indicators and reporting requirements

(1)The Minister must determine criteria and indicators for sustainable forest management.

(2)In determining criteria and indicators under subsection (1), the Minister may take into account any nationally or internationally agreed criteria and indicators for sustainable forest management.

(3)As part of a determination under subsection (1), the Minister must also determine—

(a)the reporting requirements relating to each indicator determined under subsection (1); and

(b)the frequency at which such reports are to be made, being a period not less than every 5 years.

40BDetermination to be published

The Minister must—

(a)publish a copy of a determination under section 40A in the Government Gazette; and

(b)cause a notice that a determination has been made under section 40A to be published in a newspaper circulating generally within the State.

40CSecretary to report on indicators

The Secretary must report to the Minister on the status, performance or achievement of the indicators determined by the Minister under section 40A within the time determined under that section.

40DMinister may arrange audits

(1)If the Minister believes it is appropriate to do so, the Minister may ask an appropriately qualified person to audit information provided in the Secretary's report under section 40C.

(2)In carrying out an audit under subsection (1), a person may audit any information used by the Secretary to prepare the Secretary's report under section 40C.

40ESustainability Charter

(1)The Minister may develop a Sustainability Charter.

(2)A Sustainability Charter must set out objectives for the sustainability of forests.

(3)The Minister must consult with the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 in developing a Sustainability Charter.

PART 6—CONSERVATION WORKERS

56Definitions

(1)In this Part—

Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;

conservation work means the carrying out of any work approved by the Secretary as "conservation work";

conservation worker means a person who—

(a)in an unpaid capacity or as a volunteer engages in conservation work with the written approval of the Secretary; or

(b)in an unpaid capacity or as a volunteer engages in conservation work and is a member of an organization approved by the Secretary;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

partner of a deceased conservation worker means the worker's spouse or domestic partner at the time of the worker's death;

spouse of a person means a person to whom the person is married.

*                *                *                *                *

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic 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.

57Secretary may give certificates

A certificate under the seal of the Secretary to the effect that—

(a)at a time stated in the certificate a person is, or is not, a member of an organization approved by the Secretary; or

(b)work of a kind stated in the certificate is, or is not, work approved by the Secretary as conservation work; or

(c)on a date specified in the certificate the Secretary gave written approval for a person to engage in conservation work—

is evidence of the matters stated in the certificate.

58Compensation for personal injuries and property damage

(1)A conservation worker who suffers personal injury arising out of or in the course of engaging in any conservation work or travelling to or from any place where any conservation work is to be or has been engaged in, is entitled to be paid compensation or, in the case of death, the partner, children or dependants of the deceased conservation worker are entitled to be paid compensation as provided by this section.

(2)The compensation is to be paid in accordance with and subject to the provisions of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires as if, within the meaning of that Act, at the time the person suffered the personal injury he or she was a worker employed by the Crown and the personal injury arose within or in the course of that employment.

(3)Subject to subsection (4), when a conservation worker suffers damage to or destruction of any property which he or she owns, possesses or controls and the damage or destruction arises out of or in the course of the carrying out of conservation work, the Secretary may authorise the payment to the owner of the property of such compensation for the damage or destruction as the Secretary considers reasonable in the circumstances.

(4)A person is not entitled to recover both damages in respect of damage to or destruction of property and compensation under subsection (3) but if this occurs the Secretary may in respect of damage to or destruction of that property, recover from that person the amount of compensation paid under subsection (3), as a debt due to the Crown.

59Jurisdiction of County Court

Where any question or matter arises under section 58(1) or (2), the County Court has under this Act exclusive jurisdiction to hear and determine the question or matter as if it arose under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires, and those Acts apply with the necessary adaptations and modifications.

60Authority to represent the Crown

In all proceedings for compensation under this Part, the Authority is to represent the Crown and subject to any rules made by the County Court pursuant to this Part, is to be regarded as the employer of the conservation worker for the purposes of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires, and has the powers rights and authorities which the employer has under this Act.

61Authority entitled to costs and expenses

(1)Where the Authority represents the Crown in any proceeding under this Act the Authority shall be entitled to such amounts as the County Court thinks proper for its costs and expenses.

(2)Any amount paid to the Authority from the Consolidated Fund for its costs and expenses in proceedings before the County Court is to be paid upon the certificate of the County Court and is to be paid by the Authority into the WorkCover Authority Fund.

62Rules

The County Court may make rules for the purposes of carrying into effect the provisions of this Act relating to compensation.

63Recovery from third parties

Where compensation has been paid under this Part and the personal injury, damage or destruction in respect of which compensation has been paid was caused under circumstances creating a liability on the part of some person other than the conservation worker to pay damages, the Secretary may take proceedings against that person in a court of competent jurisdiction to recover the amount of the compensation paid under this Act.

64Compensation and expenses to be paid from Consolidated Fund

The amount of any compensation paid under this Part and any expenses incurred in the administration of this Part must be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly.

65Offence

A person who in or in connection with any claim for compensation under this Part wilfully makes any false statement to or otherwise wilfully misleads or attempts to mislead the Secretary, the Tribunal or any other person, is guilty of an offence.

Penalty:5 penalty units or imprisonment for 3 months or both.

PART 7—PUBLIC AUTHORITIES

66When a plan of works must be submitted

(1)Except as provided in subsection (2), prior to the commencement of any works specified in Schedule 3, a public authority must submit a plan of works to the Secretary for comment on any necessary measures to be taken for the protection of land, waters and wildlife.

(2)A plan of works specified in Schedule 3 need not be submitted where—

(a)the works involve extractive industry operations to which the Mineral Resources (Sustainable Development) Act 1990 applies and a works authority has been granted under that Act in respect of those operations; and

(b)notice of the works has been given to any public authority which has notified the Secretary of the works.

(3)The Secretary must ensure that a public authority which submits a plan of works is given a copy of any comments made on the plan under subsection (1).

(4)If a public authority gives notice of its intention to commence any works specified in Schedule 3 pursuant to an Act other than this Act or regulations made under an Act other than this Act, and the person or body which receives the notice notifies the Secretary, the Secretary may comment on any necessary measures to be taken for the protection of land, waters, flora and fauna, and the Secretary must ensure that the public authority is given a copy of any comments so made.

67Compliance with Codes of Practice and comments

(1)A public authority must not take action contrary to a Code of Practice, or the Secretary's comment made under section 66 unless—

(a)the authority is satisfied that there is no feasible and prudent alternative; and

(b)all measures that can reasonably be taken to minimize the adverse effect of the action are taken.

*                *                *                *                *

(2)The Administrative Office Head of an Administrative Office must ensure that, in the carrying out of the Office's functions, action is not taken which is contrary to a Code of Practice unless—

(a)the Administrative Office Head is satisfied that there is no feasible and prudent alternative; and

(b)all measures that could reasonably be taken to minimise the adverse effects of the action are taken.

(3)In this section

Administrative Office means an Administrative Office within the meaning of the Public Administration Act 2004;

Administrative Office Head, in relation to an Administrative Office, means the person employed as the head of the Administrative Office under the Public Administration Act 2004.

PART 7A—PARKS VICTORIA LAND RECORD

Division 1—Establishment and keeping of Parks Victoria land record

67AParks Victoria land record

(1)The Secretary must establish and maintain a record of certain Crown land that is to be controlled and managed by Parks Victoria.

(2)Land that may be included in the record is—

(a)land reserved under the Crown Land (Reserves) Act 1978 (other than land over which a committee of management has been appointed under section 14 of that Act); and

(b)reserved forest under the Forests Act 1958 (other than land over which acommittee of management has been appointed under section 50(3) of that Act); and

(c)unreserved Crown land under the Land Act 1958; and

(d)any State Wildlife Reserve or Nature Reserve under the Wildlife Act 1975.

67BLand in respect of which regulations under Part 9A may be made

(1)In the record kept under section 67A the Secretary must specify any land in respect of which regulations may be made under

Part 9A.

(2)The Secretary, when making a specification under subsection (1), must consider whether there are no suitable regulation making powers under another Act that provide for the making of regulations that are necessary for the management of the land.

67CAmendment of the record

(1AA)If a description of a reserve in the Fifth Schedule to the Crown Land (Reserves) Act 1978 that is included in the record kept under section 67A is amended by an Act of Parliament, the Secretary must amend the record accordingly.

(1)Subject to subsection (3), the Secretary, with the approval of the Parks Victoria Minister, may amend the record kept under section 67A by including land in the record or removing land from the record.

(2)The Parks Victoria Minister must not approve an amendment under subsection (1) unless the Parks Victoria Minister—

(a)has first—

(i)given Parks Victoria written notice of the proposed amendment; and

(ii)subject to subsection (2A), considered any written submission made by Parks Victoria within 60 days of receiving the notice (or any longer period agreed to by the Parks Victoria Minister); and

(b)has first obtained consent to the proposed amendment from the Minister responsible for the administration of the provision of the Act under which the land is managed, if that is not the Parks Victoria Minister.

(2A)If Parks Victoria advises the Parks Victoria Minister that a submission made under subsection (2)(a)(ii) will be the only submission made in respect of the proposed amendment, the Parks Victoria Minister may approve the amendment before the expiry of the 60-day period (or any longer agreed period).

(3)The Secretary may amend the record kept under section 67A without the Parks Victoria Minister's approval—

(a)if the amendment is required under subsection (1AA); or

(b)to make a minor correction to information in the record; or

(c)to make a minor technical amendment to the record.

Division 2—Effect of inclusion of land in Parks Victoria land record

67DDefinitions

In this Division—

Parks Victoria matter means any function, power or duty as to the management of land under the Crown Land (Reserves) Act 1978, the Forests Act1958, the Land Act 1958, the Water Industry Act 1994 or the Wildlife Act 1975 that is conferred on Parks Victoria by an amendment of the Act by the Parks Victoria Act2018 or by the enactment of the Parks Victoria Act 2018.

tour operator licence—

(a)in relation to land under the Crown Land (Reserves) Act 1978, has the same meaning as in that Act;

(b)in relation to land under the Forests Act 1958, has the same meaning as in that Act;

(c)in relation to land under the Wildlife Act 1975, has the same meaning as in that Act.

67ETransfer of property and other matters from the Secretary to Parks Victoria

(1)On land being included in the Parks Victoria land record—

(a)all rights, property and assets in relation to any Parks Victoria matter that, immediately before the inclusion of the land in the record, were vested in the Secretary, vest in Parks Victoria; and

(b)all debts, liabilities and obligations of the Secretary in relation to any Parks Victoria matter that were existing immediately before the inclusion of the land in the record, become debts, liabilities and obligations of Parks Victoria; and

(c)Parks Victoria is substituted as a party to any proceedings in relation to any Parks Victoria matter pending in any court or tribunal to which the Secretary was a party immediately before the inclusion of the land in the record; and

(d)Parks Victoria is substituted as a party to any contract or arrangement that relates to any Parks Victoria matter entered into by or on behalf of the Secretary and in force immediately before the inclusion of the land in the record.

(2)Any reference to the Secretary in any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter is taken to be a reference to Parks Victoria—

(a)so far as it relates to any period on or after the inclusion of the land in the record; and

(b)if not inconsistent with the context or subject matter.

(3)Any decision made or action taken by the Secretary under any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter and that is in effect immediately before the inclusion of the land in the record is taken to be a decision made or action taken by Parks Victoria—

(a)so far as it relates to any period on or after the inclusion of the land in the Parks Victoria land record; and

(b)if not inconsistent with the context or subject matter.

67FSaving of tour operator licences

If, in relation to land that is included in the Parks Victoria land record, a tour operator licence was in force immediately before the inclusion of the land in the record, on the inclusion of the land in the record the licence is taken to continue in force—

(a)subject to its terms and conditions and the Act under which the licence was granted; and

(b)as if—

(i)the licence were granted by Parks Victoria; and

(ii)(if not inconsistent with the context or subject matter) any reference to the Secretary in the licence were a reference to Parks Victoria.

67GSaving of applications for tour operator licences and variations of tour operator licences

(1)If, in relation to land that is included in the Parks Victoria land record, an application that has been made for a tour operator licence is outstanding immediately before the inclusion of the land in the record, on the inclusion of the land in the record the application is taken to continue in force and may be dealt with under the Act under which the application was made as if it had been made to Parks Victoria.

(2)If, in relation to land that is included in the Parks Victoria land record, an application that has been made for variation of a tour operator licence is outstanding immediately before the inclusion of the land in the record, on the inclusion of the land in the record the application is taken to continue in force and may be dealt with under the Act under which the application was made as if it had been made to Parks Victoria.

67HDecisions under section 17E of the Crown Land (Reserves) Act 1978, use of land for car parks

Any use of land for a car park in accordance with a decision of the Secretary under section 17E(1) of the Crown Land (Reserves) Act 1978 in relation to land included on the Parks Victoria land record that was in force immediately before the inclusion of the land in the record is taken to continue in force on the inclusion of the land in the record as if the decision were made by Parks Victoria under that section as amended by the ParksVictoria Act 2018.

67IOrders as to management and control of reserved land under section 18 of the Crown Land (Reserves) Act 1978

If an Order under section 18(1) of the Crown Land (Reserves) Act 1978 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record—

(a)the Order is taken to continue in force as if the Order placed the land under the control and management of Parks Victoria; and

(b)(if not inconsistent with the context or subject matter) any reference in the Order to the Secretary is taken to be a reference to Parks Victoria.

67JConstruction of conditions in leases under section 121 of the Land Act 1958

If a lease granted by the Minister or a person authorised by the Minister under section 121 of the Land Act 1958 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record any reference in the lease to directions issued by the Secretary is taken to be a reference to directions issued by Parks Victoria.

67KConstruction of conditions in licences under section 130 of the Land Act 1958

If a licence granted by the Minister under section 130 of the Land Act 1958 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record, any reference in the licence to directions issued by the Secretary is taken to be a reference to directions issued by Parks Victoria.

67LAgistment permits under section 133A of the Land Act 1958

If an agistment permit under section 133A of the Land Act 1958 was in force over land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record the permit is taken to continue in force—

(a)subject to its terms and conditions and the Act under which the permit was granted; and

(b)as if—

(i)the permit were granted by Parks Victoria; and

(ii)(if not inconsistent with the context or subject matter) any reference to the Secretary in the permit were a reference to Parks Victoria.

67MLicences under section 16 of the Wildlife Act 1975

If a licence under section 16(2)(a) of the Wildlife Act 1975 was in force over land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record the licence is taken to continue in force—

(a)subject to its terms and conditions and the Act under which the licence was granted; and

(b)as if—

(i)the licence were granted by Parks Victoria; and

(ii)(if not inconsistent with the context or subject matter) any reference to the Secretary in the licence were a reference to Parks Victoria.

PART 8—LAND MANAGEMENT CO‑OPERATIVE AGREEMENTS

68Powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

(1)With the Minister's approval, out of moneys available for the purpose—

(a)the Secretary may—

(i)grant or loan money to a land owner; and

(ii)provide other assistance to a land owner; and

(ab)the Great Ocean Road Coast and Parks Authority, for and to the extent it benefits land controlled and managed by the Authority, may—

(i)grant or loan money to a land owner; and

(ii)provide other assistance to a land owner; and

(b)Parks Victoria, for and to the extent it benefits Parks Victoria managed land, may—

(i)grant or loan money to a land owner; and

(ii)provide other assistance to a land owner.

(2)A grant or loan or other assistance under subsection (1) is subject to—

(a)the prescribed conditions (if any); and

(b)such other conditions as the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority with the approval of the Minister determines; and

(c)a requirement that, in the case of Parks Victoria, the land of the land owner must adjoin Parks Victoria managed land; and

(d)a requirement that, in the case of the Great Ocean Road Coast and Parks Authority, the land of the land owner must adjoin land controlled and managed by the Authority.

(3)The purpose of providing grants, loans and other assistance under this section is to encourage land owners to follow good land management practices or otherwise to give effect to the objects or purposes of a relevant law.

69Power to enter into agreements

(1)The Secretary may enter into an agreement with any land owner relating to the management, use, development, preservation or conservation of land in the possession of the land owner or otherwise to give effect to the objects or purposes of a relevant law, in relation to land in the possession of the land owner.

*                *                *                *                *

(3)Without limiting subsection (1), the Secretary may under that subsection enter into an agreement with the Trust for Nature (Victoria).

(4)If land is to be granted under Division 3 of Part 3 of the Traditional Owner Settlement Act 2010 in accordance with a land agreement under that Act, the Secretary may enter into an agreement under subsection (1) with a traditional owner group entity to whom the land is to be granted before the granting of the land, if the agreement provides that it comes into effect on the grant of the land.

(5)In this section traditional owner group entity has the same meaning as in Part 8A.

70Content of agreements

(1)An agreement may contain any of the following terms—

(a)restricting the use of the land;

(b)requiring the land owner to refrain from activity, or activity of a specified kind, that would adversely affect the land or imposing conditions upon which any such activity takes place;

(c)requiring the land owner to carry out, or requiring the Secretary to carry out, specified works for the management, use, development, preservation or conservation of flora and fauna upon the land;

(d)requiring the land owner to permit the Secretary to inspect the land;

(e)requiring the land owner to indemnify the Secretary in respect of, or contribute towards, the cost incurred by the Secretary in carrying out works in respect of the land;

(f)specifying the manner in which a grant, loan or other assistance provided by the Secretary must be applied by the land owner;

(g)requiring the land owner to repay any amount paid to the land owner by the Secretary on terms and conditions (including terms and conditions as to interest) specified in the agreement;

(h)requiring the land owner to pay to the Secretary an amount specified in the agreement if on the land owner's part there is a breach of a kind specified in the agreement;

(i)requiring that the land owner allow public access to and across the land of the land owner;

(j)requiring the land owner to obtain insurance to indemnify the Secretary against specified activities in relation to the land of the land owner, to insure against liabilities and actions in tort in relation to the land of the land owner and to obtain other forms of insurance or assurance that are specified in the agreement;

(k)requiring that the Secretary provide the land owner with advice, financial or other assistance including compensation for loss of income arising out of the performance of the agreement;

(l)requiring that the whole or part of the land of the land owner be a flora or fauna sanctuary;

(m)requiring the Secretary to pay to the land owner an amount representing the whole or a part of any rates paid or payable in respect of the land;

(ma)providing that in the case of an agreement with the Trust for Nature (Victoria), the land to which the agreement applies is to be managed as if it were Crown land, and for the application to that land of any Act, subordinate instrument or other law relating to Crown land;

(n)providing for any other matter (whether like or unlike any of the foregoing) relating to the management, use, development, preservation or conservation of the land or that are necessary to be provided for to give effect to the objects or purposes of a relevant law.

(2)An agreement entered into with the Trust for Nature (Victoria) under section 69(1) does not authorise the doing of anything which would not be consistent with any trust, condition, covenant or other restriction relating to the use of that land.

71Form and operation of agreement

(1)An agreement entered into under this Part—

(a)must be under the seal of the Secretary; and

(b)is binding on, and enforceable by or against the land owner and the Secretary; and

(c)comes into effect on a day or on the happening of an event specified in the agreement.

(2)An agreement may be expressed to be binding on a land owner's successors in title.

(3)If an agreement is expressed to be binding on a land owner's successors in title a reference in this Part to a land owner or a party to an agreement includes the land owner's successors in title.

(4)If an agreement relates to land alienated by the Crown and is made between the Secretary and a person who is not the holder of the estate in fee simple in the land or the registered proprietor of the land (as the case requires), the agreement has no effect unless and until the person who is the holder of the estate in fee simple in the land or who is the registered proprietor gives written notice of the approval of the agreement to the Secretary and, despite anything in this section, or the agreement, comes into operation on the date when that notice is given.

(5)An agreement must not include a term to the effect that the agreement is binding on a land owner's successors in title unless the holder of the estate in fee simple in the land or the registered proprietor of the land (as the case requires) is a party to the agreement, whether or not another land owner is also a party.

(6)Subsections (4) and (5) do not apply to an agreement relating to land licensed under Part 3A of the Victorian Plantations Corporation Act 1993.

72Agreements binding on successors

(1)If an agreement in respect of land other than vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the Registrar of Titles to have a recording of the agreement made in the Register and on receiving that application, the Registrar of Titles must make that recording in the Register.

(1A)When an agreement in relation to vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the registrar under Part 3A of the Victorian Plantations Corporation Act 1993 to register that agreement in the register of plantations and on receiving that application, the registrar must register that agreement.

(2)On the recording of the agreement in the Register—

(a)the land owner's successors in title are deemed to have notice of that agreement; and

(b)all rights and liabilities under that agreement are binding on and enforceable by or against the land owner's successors in title and run with the land.

(2A)On the registration of an agreement in accordance with subsection (1A)—

(a)the land owner's successors in title are deemed to have notice of the agreement; and

(b)all rights and liabilities under that agreement are binding on and enforceable by or against the land owner's successors in title.

(3)If an agreement relating to land other than vested land is varied or terminated under this Part, the Secretary must as soon as practicable apply in writing to the Registrar of Titles to make any amendments to or recordings in the Register that are necessary because of the variation or termination of the agreement and on receiving that application, the Registrar of Titles must make the necessary amendments or recordings in the Register.

(3A)When an agreement in respect of vested land is varied or terminated, the Secretary must without delay apply in writing to the registrar under Part 3A of the Victorian Plantations Corporation Act 1993 to delete the record of the agreement from, or amend the record of the agreement in, the register of plantation licences and on receiving that application, the registrar must make the necessary amendments to the register.

(4)A land owner may make application to the Supreme Court for an order declaring that an agreement is no longer in force.

(5)The Court may make an order on an application under subsection (4) if it is satisfied that—

(a)the agreement is no longer in force; or

(b)the agreement has been varied so that it is no longer binding on a land owner's successors; or

(c)the agreement is redundant or obsolete or has achieved its purpose or performance or continued performance of the agreement is, or has become, impossible.

*                *                *                *                *

(7)If a land owner applies to the Registrar of Titles in an appropriate approved form and produces a copy of an order under subsection (5) the Registrar must make the necessary amendments or recordings in the Register.

(8)If a land owner of vested land applies to the registrar under Part 3A of the Victorian Plantations Corporation Act 1993 and produces a copy of an order under subsection (5) in respect of the vested land, the registrar must make the necessary amendments in the register of plantation licences.

(9)The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of an agreement registered under the Property Law Act 1958 and existing immediately before the commencement of that section 24.

73Wildlife sanctuaries

If an agreement provides that the whole or part of the land is to be a flora and fauna sanctuary it is a sanctuary for the purposes of the Wildlife Act 1975 while that provision of the agreement is in force.

74Public access to certain land

For the purposes of Part IIA of the Wrongs Act 1958 the Secretary is to be treated as the occupier of land to which an agreement relates and to which, under that agreement, the public have access, unless the agreement otherwise provides.

75Rate relief

(1)If under an agreement a land owner is required to preserve land in its natural present state and in the Minister's opinion it is not economically feasible to do so unless rate relief in respect to the land is provided, the Minister may recommend to a rating authority that the whole or part of the rates payable in respect to the land be remitted.

(2)On receiving a recommendation in accordance with subsection (1) the rating authority may remit the rates in accordance with the recommendation.

(3)The Minister may if the Minister thinks fit reimburse (out of moneys available for the purpose) the whole or part of the amount of the rates remitted to the rating authority which under this section remitted the rate.

76Variation or termination of agreements

Section 26(7) and Schedule 4 item 49.9 were never proclaimed, repealed by No. 11/1995.

Part 6 (sections 56–65) not yet proclaimed.

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 Conservation, Forests and Lands Act 1987 by Acts and subordinate instruments.

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

Pipelines (Amendment) Act 1988, No. 26/1988

Assent Date:	17.5.88
Commencement Date:	S. 15 on 1.7.87: s. 2(2); rest of Act on 30.6.88: Government Gazette 29.6.88 p. 1896
CurrentState:	All of Act in operation

Flora and Fauna Guarantee Act 1988, No. 47/1988

Assent Date:	24.5.88
Commencement Date:	Ss 1–4, 8, 11, 69 on 24.5.88: s. 2(1); rest of Act on 25.9.88: Special Gazette (No. 81) 25.9.88 p. 1
CurrentState:	All of Act in operation

State Superannuation Act 1988, No. 50/1988 (as amended by No. 81/1988)

Assent Date:	24.5.88
Commencement Date:	S. 93(2)(Sch. 2 item 5) on 1.7.88: Government Gazette 1.6.88 p. 1487
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 item 16.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Road Safety (Miscellaneous Amendments) Act 1989, No. 53/1989

Assent Date:	14.6.89
Commencement Date:	S. 22(2) on 19.6.89: Special Gazette (No. 32) 15.6.89 p. 1
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Penalty Interest Rates (Amendment) Act 1989, No. 58/1989

Assent Date:	22.8.89
Commencement Date:	22.8.89
CurrentState:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Conservation, Forest and Lands Acts (Amendment) Act 1989, No. 90/1989

Assent Date:	5.12.89
Commencement Date:	Pts 1, 2, 4; ss 9, 16, 17 on 5.12.89: s. 2(1); Pt 3 (except s. 9) on 16.11.89: s. 2(2); s. 18(2) on 19.4.88: s. 2(3); ss 11–15, 18(1) on 3.10.90: Special Gazette (No. 47) 3.10.90 p. 1
CurrentState:	All of Act in operation

Victorian Public Offices Corporation (Repeal) Act 1990, No. 65/1990

Assent Date:	20.11.90
Commencement Date:	20.11.90
CurrentState:	All of Act in operation

Forests (Timber Harvesting) Act 1990, No. 82/1990

Assent Date:	11.12.90
Commencement Date:	11.12.90
CurrentState:	All of Act in operation

Heritage Rivers Act 1992, No. 36/1992

Assent Date:	16.6.92
Commencement Date:	S. 19 on 10.9.92: Government Gazette 9.9.92 p. 2635
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Crown Land Acts (Amendment) Act 1993, No. 48/1993

Assent Date:	1.6.93
Commencement Date:	1.6.93
CurrentState:	All of Act in operation

Victorian Plantations Corporation Act 1993, No. 61/1993

Assent Date:	8.6.93
Commencement Date:	Ss 1–3 on 8.6.93: s. 2(1); rest of Act on 1.7.93: Government Gazette 24.6.93 p. 1596
CurrentState:	All of Act in operation

Mineral Resources Development (Amendment) Act 1993, No. 86/1993

Assent Date:	3.11.93
Commencement Date:	S. 39 on 17.1.94: Government Gazette 16.12.93 p. 3317
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Financial Management (Consequential Amendments) Act 1994, No. 31/1994 (as amended by No. 43/1995)

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 items 12.1, 12.2) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2 (ss 6–19), Sch. 1 on 30.9.94: Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3)
CurrentState:	All of Act in operation

Fisheries (Amendment) Act 1994, No. 87/1994

Assent Date:	6.12.94
Commencement Date:	Ss 1, 2, 4–6, 12(1), 13, 19–26, 28–34 on 6.12.94: s. 2(1); rest of Act on 30.3.95: Government Gazette 30.3.95 p. 694
CurrentState:	All of Act in operation

Crown Lands Acts (Amendment) Act 1994, No. 96/1994

Assent Date:	13.12.94
Commencement Date:	Pt 4 (ss 49–52) on 26.1.95: Government Gazette 26.1.95 p. 163
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Project Development and Construction Management Act 1994, No. 101/1994

Assent Date:	13.12.94
Commencement Date:	S. 65 on 22.5.95: Government Gazette 18.5.95 p. 1180
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Coastal Management Act 1995, No. 8/1995

Assent Date:	26.4.95
Commencement Date:	S. 41 on 6.7.95: Government Gazette 6.7.95 p. 1698
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 1995, No. 11/1995[3]

Assent Date:	26.4.95
Commencement Date:	S. 3(2)(Sch. 2) on 26.4.95: s. 2
CurrentState:	All of Act in operation

Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995

Assent Date:	6.6.95
Commencement Date:	6.6.95
CurrentState:	All of Act in operation

National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995

Assent Date:	20.6.95
Commencement Date:	S. 32(5) on 3.8.95: Government Gazette 3.8.95 p. 2013
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	S. 58(Sch. 1 item 4) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Fisheries Act 1995, No. 92/1995 (as amended by No. 5/1997)

Assent Date:	5.12.95
Commencement Date:	S. 162 on 18.12.97: Government Gazette 18.12.97 p. 3613
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Zoological Parks and Gardens Act 1995, No. 106/1995

Assent Date:	5.12.95
Commencement Date:	S. 51(a)–(c) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1.
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Taxation Administration Act 1997, No. 40/1997

Assent Date:	3.6.97
Commencement Date:	S. 138(Sch. 2 item 5) on 1.7.97: Government Gazette 12.6.97 p. 1330
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Wildlife (Amendment) Act 1997, No. 87/1997

Assent Date:	2.12.97
Commencement Date:	Pt 3 (ss 43–45) on 21.3.98: Government Gazette 12.3.98 p. 520
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Alpine Resorts (Management) Act 1997, No. 89/1997

Assent Date:	9.12.97
Commencement Date:	S. 71 on 30.4.98: Government Gazette 30.4.98 p. 926
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	6.12.97
Commencement Date:	S. 28(Sch. item 6) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	19.5.98
Commencement Date:	S. 13 on 26.6.98: Government Gazette 25.6.98 p. 1561
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Parks Victoria Act 1998, No. 44/1998

Assent Date:	26.5.98
Commencement Date:	S. 26 on 3.7.98: Government Gazette 2.7.98 p. 1690
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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 Conservation, Forests and Lands Act 1987

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

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 15) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

National Parks (Amendment) Act 1998, No. 70/1998

Assent Date:	4.11.98
Commencement Date:	S. 15 on 15.4.99: Government Gazette 15.4.99 p. 838
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 (as amended by No. 74/2000)

Assent Date:	10.11.98
Commencement Date:	Ss 3, 4 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 76/1998)

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 12) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Water Industry (Amendment) Act 2000, No. 66/2000

Assent Date:	8.11.00
Commencement Date:	Ss 33, 34 on 1.12.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 22) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001

Assent Date:	7.11.01
Commencement Date:	S. 3(Sch. item 3) on 20.12.01: Government Gazette 20.12.01 p. 3127
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Fisheries (Amendment) Act 2003, No. 56/2003

Assent Date:	16.6.03
Commencement Date:	Ss 5–7 on 17.6.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003

Assent Date:	2.12.03
Commencement Date:	S. 6 on 3.12.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date:	16.6.04
Commencement Date:	Ss 127–129, 131, 132 on 17.6.04: s. 2(1); s. 130 on 1.8.04: Government Gazette 29.7.04 p. 2120
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004

Assent Date:	19.10.04
Commencement Date:	S. 57 on 20.10.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 39) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Safety on Public Land Act 2004, No. 109/2004

Assent Date:	21.12.04
Commencement Date:	S. 23 on 22.12.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 7) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Victoria Racing Club Act 2006, No. 40/2006

Assent Date:	20.6.06
Commencement Date:	S. 42 on 1.8.06: Government Gazette 27.7.06 p. 1534
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 19) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	17.10.06
Commencement Date:	S. 160 on 21.12.06: Government Gazette 21.12.06 p. 2768
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 8) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 6) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	3.3.09
Commencement Date:	S. 47 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Crown Land Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009

Assent Date:	5.8.09
Commencement Date:	Ss 50, 51 on 6.8.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 24) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	Ss 37–39 on 1.1.10: Government Gazette 17.12.09 p. 3338
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Melbourne Cricket Ground and Yarra Park Amendment Act 2009, No 89/2009

Assent Date:	15.12.09
Commencement Date:	S. 16 on 15.3.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 25(5)(Sch. 2 item 2) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Climate Change Act 2010, No. 54/2010

Assent Date:	14.9.10
Commencement Date:	S. 76 on 1.7.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 95–108 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 16) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 1) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 7) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 (as amended by No. 44/2014)

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 4) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Game Management Authority Act 2014, No. 24/2014

Assent Date:	8.4.14
Commencement Date:	Ss 77–80 on 1.7.14: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 26) 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 Conservation, Forests and Lands Act 1987

Water Amendment (Flood Mitigation) Act 2014, No. 53/2014

Assent Date:	12.8.14
Commencement Date:	S. 8 on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 13) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Crown Land Legislation Amendment Act 2016, No. 51/2016

Assent Date:	18.10.16
Commencement Date:	Ss 3–6 on 19.10.16: s. 2
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	Ss 160, 176 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	26.9.17
Commencement Date:	Ss 71, 72 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	24.10.17
Commencement Date:	Ss 3–8 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 Conservation, Forests and Lands Act 1987

Caulfield Racecourse Reserve Act 2017, No. 58/2017

Assent Date:	22.11.17
Commencement Date:	S. 53 on 1.8.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	29.5.18
Commencement Date:	Ss 8, 9 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 56–85 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 89 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 Conservation, Forests and Lands Act 1987

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

Assent Date:	6.11.19
Commencement Date:	S. 98 on 1.2.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	23.6.20
Commencement Date:	Ss 79−83 on 1.12.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	Ss 3–5 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Forests Legislation Amendment (Compliance and Enforcement) Act 2021, No. 38/2021

Assent Date:	12.10.21
Commencement Date:	Ss 23–25 on 1.3.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 25–46 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

Assent Date:	3.11.21
Commencement Date:	S. 145 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 Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands Amendment Act 2022, No. 14/2022

Assent Date:	5.4.22
Commencement Date:	Ss 3, 4 on 6.4.22: s. 2
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Transport Legislation Amendment (Port Reforms and Other Matters) Act 2022, No. 19/2022

Assent Date:	24.5.22
Commencement Date:	S. 86 on 25.5.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024

Assent Date:	25.6.24
Commencement Date:	Ss 16, 17, 33–39 on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 6) on 22.10.25: s. 2
Current State:	This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987

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

3   Explanatory details

[1] S. 96(1A): The amendment proposed by section 81(2) of the Parks Victoria Act 2018, No. 19/2018 is not included in this publication because the words "proceedings mentioned under subsection (1)" do not appear in section 96(1A).

Section 81(2) reads as follows:

81Proceedings for offences

(2)In section 96(1A) of the Conservation, Forests and Lands Act 1987, for "proceedings mentioned under subsection (1)" substitute "offence proceedings".

[2] S. 96(2): The amendment proposed by section 81(3) of the Parks Victoria Act 2018, No. 19/2018 is not included in this publication because the words "proceedings mentioned under subsection (1)" do not appear in section 96(2).

Section 81(3) reads as follows:

81Proceedings for offences

(3)In section 96(2) of the Conservation, Forests and Lands Act 1987, for "proceedings mentioned under subsection (1)" substitute "offence proceedings".

[3] Table of Amendments: The amendment to Schedule 4 proposed by section 3(2)(Schedule 2) of the Statute Law Revision Act 1995, No. 11/1995 is not included in this publication because Schedule 4 had been repealed by section 52(e) of the Crown Land Acts (Amendment) Act 1994, No. 96/1994 before this amendment came into operation.