Conservation, Forests and Lands Amendment Act 2022 (Vic)

Conservation, Forests and Lands Amendment Act 2022

No. 14 of 2022

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Conservation, Forests and Lands Act 1987

3Power to make Codes of Practice

4Availability of Code of Practice

Part 3—Repeal of this Act

5Repeal of this Act

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Endnotes

1      General information

Conservation, Forests and Lands Amendment Act 2022

No. 14 of 2022

[Assented to 5 April 2022]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purpose of this Act is to amend the Conservation, Forests and Lands Act 1987 to—

(a)provide that a Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method as amended from time to time; and

(b)provide that a Code of Practice may confer a discretionary authority on the Minister or the Secretary; and

(c)provide that a Code of Practice may leave any matter or thing to be from time to time approved, determined, dispensed with or regulated by the Minister or the Secretary; and

(d)make further provision for other minor related matters.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Part 2—Amendment of Conservation, Forests and Lands Act 1987

3Power to make Codes of Practice

(1)In section 31(2)(b) of the Conservation, Forests and Lands Act 1987, for "then." substitute "then; or".

(2)After section 31(2)(b) of the Conservation, Forests and Lands Act 1987 insert—

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

(3)After section 31(2) of the Conservation, Forests and Lands Act 1987 insert—

"(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.".

4Availability of Code of Practice

At the end of section 38 of the Conservation, Forests and Lands Act 1987 insert—

"(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.".

Part 3—Repeal of this Act

5Repeal of this Act

This Act is repealed on the first anniversary of its commencement.

Note

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

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 23 February 2022

Legislative Council: 10 March 2022

The long title for the Bill for this Act was "A Bill for an Act to amend the Conservation, Forests and Lands Act 1987 in relation to Codes of Practice and for other purposes."