Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998 (Vic)

Conservation, Forests and Lands (Miscellaneous

Amendments) Act 1998

Act No. 76/1998

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—SECRETARY TO THE DEPARTMENT OF NATURAL

RESOURCES AND ENVIRONMENT	3
Division 1—References to the Secretary as body corporate	3

3.	Conservation, Forests and Lands Act 1987	3
4.	New section 119 inserted in Conservation, Forests and Lands
Act 1987	7

119. References to the Secretary 7

5.	Alpine Resorts (Management) Act 1997	7
6.	Crown Land (Reserves) Act 1978	8
7.	Drugs, Poisons and Controlled Substances Act 1981	9
8.	Fisheries Act 1995	9
9.	Flora and Fauna Guarantee Act 1988	9
10.	Forests Act 1958	11
11.	Land Act 1958	15
12.	Land Conservation (Vehicle Control) Act 1972	17
13.	Melbourne and Metropolitan Board of Works Act 1958	18
14.	National Parks Act 1975	19
15.	Transfer of Land (Single Register) Act 1998	19
16.	Valuation of Land Act 1960	19
17.	Victorian Plantations Corporation Act 1993	19

Division 2—References to Secretary as Department Head 20

18.	Archaeological and Aboriginal Relics Preservation Act 1972	20
19.	Broiler Chicken Industry Act 1978	20
20.	Electoral Boundaries Commission Act 1982	21
21.	Environment Conservation Council Act 1997	21
22.	Extractive Industries Development Act 1995	21
23.	Health Act 1958	23

i

Section Page

24.	Melbourne Market Authority Act 1977	24
25.	Murray Valley Citrus Marketing Act 1989	24
26.	Pipelines Act 1967	24
27.	Prevention of Cruelty to Animals Act 1986	25
28.	State Electricity Commission Act 1958	25
29.	Water Act 1989	25

Division 3—References to Secretary as body corporate and

Department Head 26

30.	Country Fire Authority Act 1958	26
31.	Mineral Resources Development Act 1990	27
32.	Royal Botanic Gardens Act 1991	29

PART 3—AMENDMENT OF COASTAL MANAGEMENT ACT

1995   31

33.	Purposes	31
34.	Definitions	31
35.	Heading to Division 1 of Part 2	31
36.	Change of name of Council	31
37.	Membership of Council	31
38.	Membership of Boards	32
39.	New section 11A inserted	32

11A. Membership of Board not an office of profit 32

40.	New Part 4 substituted	33
PART 4—TRANSITIONAL	33

41.	Saving of Council	33
42.	Saving of Boards	33

41. Amendment of Schedule 33

PART 4—AMENDMENT OF CROWN LAND (RESERVES) ACT

1978   35

42. Reference to Coastal Council 35

PART 5—AMENDMENT OF PARKS VICTORIA ACT 1998 36

43.	Powers of Parks Victoria	36
44.	Statute law revision	36

═══════════════

NOTES 37

ii

Victoria

No. 76 of 1998

Conservation, Forests and Lands

(Miscellaneous Amendments) Act 1998†

[Assented to 10 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purposes of this Act are—

(a)	to amend the Conservation, Forests and Lands Act 1987 and various other Acts to amend references to the Secretary to the
Department of Natural Resources and Environment;

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 2

(b)	to amend the Coastal Management Act 1995 to improve the operation of that Act; and
(c)	to make a consequential amendment to the Crown Land (Reserves) Act 1978; and
(d)	to amend the Parks Victoria Act 1998 to improve the operation of that Act.

2. Commencement

(1) Parts 1 and 5 come into operation on the day on which this Act receives the Royal Assent.

(2) Sections 19 and 26(2) are deemed to have come into operation on 1 July 1998.

(3) Subject to sub-section (4), the provisions of Parts

3 and 4 come into operation on a day or days to be
proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 July 1999, it
comes into operation on that day.

(5) The remaining provisions of this Act come into

operation on 15 December 1998.

_______________
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 3 Act No. 76/1998

PART 2—SECRETARY TO THE DEPARTMENT OF

NATURAL RESOURCES AND ENVIRONMENT

Division 1—References to the Secretary as body corporate

3. Conservation, Forests and Lands Act 1987

(1) In the Conservation, Forests and Lands Act

1987—

(a) in section 3(1)—

(i)  the definitions of "chief administrator" and "Director-General" are repealed;

(ii)

in paragraph (c) of the definition of substitute "Secretary";

(iii) insert—
' "Department Head" means the

Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department;'; substitute "Secretary";

(iv)	in paragraph (d) of the definition of
(v)	insert— ' "Secretary" means the body

corporate established by Part 2;';

(b)	in the heading to Division 1 of Part 2 for "Director-General" substitute "Secretary";
(c)	in section 6 in sub-sections (2), (3) and (4), for "Director-General" (wherever occurring) substitute "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 3

(d) in section 7(1), (2) and (3), for "Director- General" (wherever occurring) substitute "Secretary";

(e) in section 7(4)—

(i) Forests and Lands" substitute

for "Director-General of Conservation, Resources and Environment";

(ii)	for "Chief Administrator" substitute "Department Head";
(f)	in section 8, for "chief administrator" substitute "Department Head";

(g) section 9 is repealed;

(h) in section 10, for "Director-General" (wherever occurring) substitute "Secretary";

(i) in section 11(2), (3B) and (4)—

(i)	for "Director-General" substitute "Secretary";
(ii)	for "Director-General's" substitute "Secretary's";
(j)	in sections 12(2), 13, 14, 15(1) and (4), 16, 17, 18, 19(2), 20, 21, 22(3)(b), 23(2) and (6), 24(1), 25, 27, 28(1) and (2), 29, 30(1), 31(3) and (4) and 32(3) for "Director-General" (wherever occurring) substitute "Secretary";

(k) in section 34—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)	in sub-section (3), for "Director- General's" substitute "Secretary's";
(l)	in sections 35, 36(1) and (2), 37, 38(1) and (2), 39, 40, 41, 42(1), 43, 44, 45(1), 48(4), 49

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 3 Act No. 76/1998

and 50, for "Director-General" (wherever

occurring) substitute "Secretary";

(m) in section 51—

(i)	for "Director-General" substitute "Secretary";
(ii)	for "Director-General's" substitute "Secretary's";
(n)	"conservation work" and "conservation

in section 56, in the definitions of occurring) substitute "Secretary";

(o) in section 57, for "Director-General" (wherever occurring) substitute "Secretary";

(p) in section 58(3)—

(i)  for "Director-General" (where first occurring) substitute "Secretary";

(ii)	for "Director-General thinks" substitute "Secretary considers";
(q)	in sections 58(4), 63 and 65, for "Director- General" (wherever occurring) substitute "Secretary";

(r) in section 66—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)

in sub-section (2), for "a Regional "any public authority";

(s)	in section 67(1), for "Director-General's" substitute "Secretary's";
(t)	in sections 68(1) and (2), 69, 70(1), 71(1) and (4), 72(1), (1A), (3) and (3A), 74, 76(1) and (2), 78 and 79(1), (2), (5), (6), (7), (9)

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 3

and (10), for "Director-General" (wherever

occurring) substitute "Secretary";

(u) in section 80—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii) in sub-section (4), for "Director-
General's" substitute "Secretary's";

(v)  in section 83, for "Director-General" (wherever occurring) substitute "Secretary";

(w) in section 84—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)  in sub-section (1)(a) omit "officer or" and "officers or";

(x)  in sections 87, 88, 89, 91(4) and (5), 92(1) and (3) and 93(1) and (4), for "Director- General" (wherever occurring) substitute "Secretary";

(y) in section 94—

(i) for ", Parts 7 and 8 of and Schedules 5 and 6 to the Road Safety (Procedures) Regulations 1988, and the Road Safety (Traffic) Regulations 1988" substitute "and any regulations made for the

purposes of those sections";

(ii)  for "Director-General" (wherever occurring) substitute "Secretary";

(iii)  in paragraph (b), for "; or" substitute "; and";

(z) in sections 96(1) and (2) and 97(1) and (3), for "Director-General" (wherever occurring) substitute "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 4

s. 5 Act No. 76/1998

(aa) in section 98—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii) in sub-section (10), for "Director-
General's" substitute "Secretary's";

(ab) sections 106, 109, 110 and 115 are repealed;

(ac) in clause 6 of Schedule 2, for "Director-

General" substitute "Secretary".

(2) In section 2 of the Conservation, Forests and

Lands Act 1987 for sub-sections (6) and (7)
substitute—

"(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.".

4. New section 119 inserted in Conservation, Forests and Lands Act 1987

At the end of Part 10 of the Conservation,

Forests and Lands Act 1987 insert—

"119. References to the Secretary

The repeal of section 6(6) and (7) by 1998 does not affect the operation of those provisions in relation to any document (other than an Act) existing immediately before the commencement of that section.".

section 3 of the Conservation, Forests and

5. Alpine Resorts (Management) Act 1997 In section 3 of the Alpine Resorts (Management) Act 1997, in the definition of

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

"Secretary" for "Director-General" substitute

"Secretary".

6. Crown Land (Reserves) Act 1978

In the Crown Land (Reserves ) Act 1978—

(a) in section 3—

(i)  the definition of "Chief Administrator" is repealed;

(ii) insert—
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(b)

in section 12(3), for "Director-General of occurring) substitute "Secretary";

(c) in section 15(8)—

(i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";

(ii)  in paragraph (b), for "him" substitute "the Secretary";

(d) in section 17A(1), for "certifies" substitute "certified";

(e) in section 17B(1) and (4)—

(i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";

(ii)  for "Director-General" (wherever occurring) substitute "Secretary";

(f) in section 17C(1), for "certifies" substitute "certified";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 7 Act No. 76/1998

(g) in section 17E(1)—

(i) for "Director-General of Conservation,
Forests and Lands" (wherever
occurring) substitute "Secretary";

(ii)  for "Director-General" (wherever occurring) substitute "Secretary";

(h) "Director-General of Conservation, Forests

in sections 18(1) and (2) and 20, for "Secretary".

7. Drugs, Poisons and Controlled Substances Act 1981

In section 52(2)(a) of the Drugs, Poisons and General of Conservation, Forests and Lands or its servants or agents" substitute "Secretary within the meaning of the Conservation, Forests and Lands Act 1987 or any person acting on behalf of the Secretary".

8. Fisheries Act 1995

In section 4 of the Fisheries Act 1995, for the
definition of "Secretary" substitute—

' "Secretary" means the body corporate

established by Part 2 of the Conservation,

Forests and Lands Act 1987;'.

9. Flora and Fauna Guarantee Act 1988

In the Flora and Fauna Guarantee Act 1988—

(a) in section 3—

(i)  the definition of "Director-General" is repealed;

(ii) insert—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998	s. 9
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(b) in section 7—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)  in sub-section (2), for "him or her" substitute "the Secretary";

(c) in sections 9(2), 17(1) and (4), 18 and 19, for "Director-General" (wherever occurring) substitute "Secretary";

(d) in sections 20 and 21—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)  for "Director-General's" (wherever occurring) substitute "Secretary's";

(e) in sections 22, 23, 24, 25(1) and (2), 27(d), 28, 29 and 30, for "Director-General" (wherever occurring) substitute "Secretary";

(f) in section 31—

(i)  in sub-sections (1) and (2), for "Director-General's" (wherever occurring) substitute "Secretary's";

(ii)  in sub-section (3), for "Director- General" substitute "Secretary";

(g) in sections 33, 35, 36(1), 37, 38(2) and (3), 40 and 41, for "Director-General" (wherever occurring) substitute "Secretary";

(h) in section 43—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 10 Act No. 76/1998

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)  for "Director-General's" (wherever occurring) substitute "Secretary's";

(i)  in sections 44, 48, 49, 50, 53(1) and 54, for "Director-General" (wherever occurring) substitute "Secretary";

(j) in section 55—

(i)	for "Director-General" (except where secondly occurring) substitute "Secretary";
(ii)	in sub-section (1), for "Director- General thinks" substitute "Secretary considers";
(k)	in sections 62(1), 65(1) and (3) and 66(1), for "Director-General" (wherever occurring) substitute "Secretary";

(l) in section 67—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)  for "Director-General's" (wherever occurring) substitute "Secretary's";

(m)	in section 69(2), for "Director-General" substitute "Secretary";
(n)	sections 70(1) and 71 and Schedule 4 are repealed.

10. Forests Act 1958

(1) In the Forests Act 1958—

(a) in section 3(1)—

(i)  the definitions of "Chief Administrator" and "Director-General" are repealed;

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 10

(ii) insert—
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(iii) area", for "certified by the Director-

in the definition of "forest management seal by the Secretary";

(iv) and "lease" "licence" "permit" or
"authority", for "Director-General"

in the definitions of "hardwood sawlog" "Secretary";

(b) in sections 3(4), 5(1) and 6, for "Director- General" substitute "Secretary";

(c) in section 7—

(i)	in sub-section (2), for "Director- General thinks proper" substitute "Secretary considers appropriate";
(ii)	in sub-section (3), for "Director- General" (where twice occurring) substitute "Secretary";
(d)

in sections 18, 18A, 19(1) and 20, for substitute "Secretary";

(e) in section 21—

(i)

in sub-sections (1), (1A) and (3), for occurring) substitute "Secretary";

(ii) in sub-section (1)(eb), for "Director-
General thinks fit" substitute
"Secretary considers appropriate";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 10 Act No. 76/1998

(f) in section 22—

(i)  in sub-section (1), for "Director- General" substitute "Secretary";

(ii)	in sub-section (2), for "Director- General thinks fit" substitute "Secretary considers appropriate";
(g)

in sections 26A and 26B, for "Director- "Secretary";

(h)

in sections 38, 42(8) and 49(2), for substitute "Secretary";

(i) in section 50—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)	in sub-section (2), for "Director- General's" substitute "Secretary's";
(iii)

in sub-section (4), for "officers or in";

(j)

in sections 50A and 51, for "Director- "Secretary";

(k) in section 52—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii)	in sub-section (1), for "Director- General thinks proper" substitute "Secretary considers appropriate";
(l)

in sections 52A(1), 52B and 52C, for substitute "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 10

(m)

in section 52F(2), for "certified by the under seal by the Secretary";

(n) in section 53—

(i)  in sub-section (1), for "Director- General" substitute "Secretary";

(ii)

in sub-section (2) for "Director-General considers appropriate";

(o) in sections 54, 56, 58(3) and (4), 59(1) and 62(2), for "Director-General" (wherever occurring) substitute "Secretary";

(p) in section 63(5)—

(i) for "Director-General" substitute
"Secretary";

(ii)  for "or an officer of or person" substitute "a person";

(q)

in sections 64(1), 65, 68(b) and 69, for substitute "Secretary";

(r) in section 70(2)(b)—

(i)  for "officer of" substitute "employee in";

(ii)	for "Director-General" substitute "Secretary";
(s)	in sections 71 and 72, for "Director-General" (wherever occurring) substitute "Secretary";

(t) in section 76(2)—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 10

s. 11 Act No. 76/1998

(ii)  for "Director-General thinks fit" substitute "Secretary considers appropriate";

(u) in sections 77, 80(2), 84, 85, 89, 91, 92(2) and (4), 94(1) and (4), 95, 96(d) and (q) and 99(15), (19), (19C), (28), for "Director- General" (wherever occurring) substitute "Secretary";

(v) in section 99A—

(i)  for "Director-General" (wherever occurring) substitute "Secretary";

(ii) Department" (wherever occurring)

for "officer or employee of the Department";

(iii) sees fit" substitute ", employee or

in paragraph (b)(i) and (iii), for "or he appropriate";

(w) in section 100(2), in the definitions of "disease", "fungus" and "insect", for "Director-General" substitute "Secretary".

(2) In section 27A of the Forests Act 1958, for sub-

section (1) substitute—
"(1) The Secretary or any committee of

management or other authority created by this Act may employ persons or classes of persons who are not employed under Part 3
of the Public Sector Management and

Employment Act 1998.".

11. Land Act 1958

In the Land Act 1958—

(a) in section 2A—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

(i)  the definition of "Director-General" is repealed;

(ii) insert—
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(b) 130B(1) and 130D(3) and (4), for "Director-

in sections 124(g), 126(1), 130AC(d), "Secretary";

(c) in section 133A(1)—

(i) for "Director-General of Conservation,
Forests and Lands" substitute
"Secretary";

(ii) for "him" substitute "the Secretary";

(d)	in section 133(4), for "Director-General" substitute "Secretary";
(e)	in sections 133B and 133D(1) and (2), for "Director-General" substitute "Secretary";
(f)	of Public Works" substitute "Department in section 140A(3)(a), for "Director-General Resources and Environment";
(g)	in section 140B(2), for "Director-General" substitute "Secretary";
(h)	in sections 140DA(1), 140E(1) and 140F(1) and (6), 151F(3), 168(1) and (2), 173(1), 174(1) and (6), 176(3) and (4) and 188A(1) and (7), for "Director-General" (wherever occurring) substitute "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 12 Act No. 76/1998

(i)  in section 201, for "signed by the Director- General" substitute "under the seal of the Secretary";

(j)	in section 201A, for "or the Director- General" substitute ", the Department Head of the Department of Natural Resources and Environment or the Secretary";
(k)	in section 349(1), for "Director-General" substitute "Secretary";

(l) in section 355—

(i)  for "the Minister of Public Works" substitute "Minister administering Part 7 of the Financial Management

Act 1994";

in section 400, 404(1) and (4), 406(2) and 411, for "Director-General" substitute "Secretary"; for "Director-General by writing has certified by writing under seal";

(ii) 

(m)

(n) of Conservation, Forests and Lands"

in Schedule Seven A, for "Director-General Natural Resources and Environment".

12. Land Conservation (Vehicle Control) Act 1972

(1) In section 5 of the Land Conservation (Vehicle Control) Act 1972—

(a)	in sub-sections (1) and (2), for "Director- General of Conservation, Forests and Lands" substitute "Secretary";
(b)	Property and Services" substitute

in sub-section (3), for "Department of Environment";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 13

(2) In section 5 of the Land Conservation (Vehicle

Control) Act 1972, for sub-section (6)
substitute—
'(6) In this section—

"proper authority"—

(a)	in relation to public land vested in or under the management or control of a person or body means that person or body; and
(b)	in relation to any other public land means the Minister;

"Secretary" means the body corporate

established by Part 2 of the
Conservation, Forests and Lands Act
1987.'.

13. Melbourne and Metropolitan Board of Works Act 1958

In the Melbourne and Metropolitan Board of

Works Act 1958—

(a) in section 3—

(i)  the definition of "Director-General" is repealed;

(ii) insert—
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(b)

in section 259, in the definition of "public substitute "Secretary";

(c)

in section 264(6), for "Director-General" "Secretary";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 14 Act No. 76/1998

(d)

in section 282(2), for "Director-General" "Secretary".

14. National Parks Act 1975

In sections 3(2), 21A, 25B(1), (2), (4), (5) and (6) and 30A(1)(c) of the National Parks Act 1975, for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary".

15. Transfer of Land (Single Register) Act 1998

In the Schedule to the Transfer of Land (Single
Register) Act 1998, in items 12.2, 12.4, 12.8,
12.10, 25.1 and 25.2, for "Director-General"

(wherever occurring) substitute "Secretary".

16. Valuation of Land Act 1960

In section 2(7) of the Valuation of Land Act 1960, for "Director-General of Conservation, Forests and Lands" substitute "Secretary within

the meaning of the Conservation, Forests and

Lands Act 1987".

17. Victorian Plantations Corporation Act 1993

(1) In section 3 of the Victorian Plantations

Corporation Act 1993—

(a)	the definition of "Director-General" is repealed;
(b)	insert— ' "Secretary" means the body corporate

established by Part 2 of the
Conservation, Forests and Lands Act

1987;'.

(2) In section 6 of the Victorian Plantations

Corporation Act 1993, for "Director-General or

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 18
s. 19

Act No. 76/1998

Secretary to the Department of Conservation and

Natural Resources" substitute "Secretary".

(3) In sections 10(1), 11 and 15(1) and (5) of the

Victorian Plantations Corporation Act 1993,
for "Director-General" (wherever occurring)
substitute "Secretary".

(4) In section 15(4) of the Victorian Plantations Corporation Act 1993 for "Director-General" substitute "Secretary".

(5) In sections 17(3), 17A(2), 21(1), 23(1), 25(2) and

(3), 28 and 29(1) and (2) of the Victorian
Plantations Corporation Act 1993, for
"Director-General" (wherever occurring)
substitute "Secretary".

Division 2—References to Secretary as Department Head

18. Archaeological and Aboriginal Relics Preservation Act 1972

In section 5(1)(b) of the Archaeological and Aboriginal Relics Preservation Act 1972—

(a) for sub-paragraph (iv) substitute— "(iv) one being the Department Head of the

Department of Natural Resources and Environment or his or her nominee;";

(b) sub-paragraphs (vi) and (vii) are repealed.

19. Broiler Chicken Industry Act 1978

In the Broiler Chicken Industry Act 1978—

(a) in section 2—

(i)  the definition of "Secretary" is repealed;

(ii) insert—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 22	Act No. 76/1998
' "Department Head" means the Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department of
Natural Resources and

Environment.'.

(b) in section 5, for "Secretary" (where twice occurring) substitute "Department Head".

20. Electoral Boundaries Commission Act 1982

In section 13(1) of the Electoral Boundaries
Commission Act 1982, for "Director-General of
Conservation, Forests and Lands" substitute
"Department Head of the Department of Natural

Resources and Environment".

21. Environment Conservation Council Act 1997

In the Environment Conservation Council Act

1997—

(a)	in section 3, the definition of "Secretary" is repealed;
(b)	in section 19(1), for "Secretary" substitute "Department Head of the Department of Natural Resources and Environment";

(c) in section 19(3)—

(i) substitute "Department Head of the

for "Secretary" (where first occurring) Environment";

(ii) for "Secretary" (where secondly
occurring) substitute "Department
Head".

22. Extractive Industries Development Act 1995
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

In the Extractive Industries Development Act

1995—

(a) in section 3(1)—

(i)	the definitions of "Director-General" and "Secretary" are repealed;
(ii)	insert— ' "Department Head" means the

Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department;';

(b) in section 3(2), for ' "Director-General" '

substitute ' "Department Head" ';

(c) in section 17—

(i)

in sub-sections (1) and (6), for Head";

(ii)  sub-sections (2), (4) and (5) are repealed;

(iii)  in sub-section (6) omit "or, if sub- section (2) applies, within 1 month after comments are given under sub-section (4)(a)";

(d) in section 18, for "Secretary" (wherever occurring) substitute "Department Head";

(e) in section 18(6)—

(i) omit "and" at the end of paragraph (a);

(ii) paragraph (b) is repealed;

(f) in section 22(3)—

(i) omit "and" at the end of paragraph (a);

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 22

s. 23 Act No. 76/1998

(ii) paragraph (b) is repealed;

(g)	in sections 26(1) and (2) and 31, for "Secretary" (wherever occurring) substitute "Department Head";
(h)	in section 32, for paragraph (b) substitute— "(b) be prepared by the applicant for the

work authority after consultation with
the owner of the land, if the land is

private land.";

(i) in section 33—

(i)  in sub-section (2), for paragraphs (a) and (b) substitute "to the satisfaction of the Minister";

(ii)  in sub-section (4), paragraph (a) is repealed;

(j)	in section 35(1), for paragraphs (a) and (b) substitute "the Minister";
(k)	in sections 38, 39(1), (2), (4) and (5), 40(1) and (2) and 41(5), for "Secretary" (wherever occurring) substitute "Department Head";

(l) in section 54—

(i) for "Secretary" (wherever occurring)
substitute "Department Head";

(ii)  for "officer of" (where twice occurring) substitute "employee in".

23. Health Act 1958

In section the Health Act 1958—

(a) Water Resources" substitute "Department

in section 81(2)(b), for "Director-General of Resources and Environment";

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

(b) Conservation, Forests and Lands" substitute

in section 418, for "Director-General of Natural Resources and Environment".

24. Melbourne Market Authority Act 1977

In section 40(2) of the Melbourne Market
Authority Act 1977, for paragraph (c)
substitute—
"(c) the Department Head of the Department of

Natural Resources and Environment or a person nominated by him or her;".

25. Murray Valley Citrus Marketing Act 1989

In section 3(1) of the Murray Valley Citrus
Marketing Act 1989, in the definition of "State
director", for "Chief Administrator" substitute

"Department Head".

26. Pipelines Act 1967

(1) In the Pipelines Act 1967—

(a) General of Conservation, Forests and Lands"
substitute "Department Head of the

in section 23(1) and (2), for "Director- Environment";

(b) Industry, Technology and Resources"
substitute "Department Head of the

in section 41(2), for "Director-General of Environment";

(c) Industry, Technology and Resources"
substitute "Department Head of the

in section 47(2)(c), for "Director-General of Environment".

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 27

s. 29 Act No. 76/1998

(2) In section 42(1)(b) of the Pipelines Act 1967, for

"Secretary to the Department of Infrastructure"
substitute "Department Head of the Department
of Natural Resources and Environment".

27. Prevention of Cruelty to Animals Act 1986

In the Prevention of Cruelty to Animals Act

1986—

(a) in section 3(1)—

(i)  the definition of "Secretary" is repealed;

(ii) insert—
' "Department Head" means the

Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department;';

(b) in sections 16(1), (2) and (3), 26(1), (2)(j), (3) and (4), 28(2), 29(1), (2)(c), (3) and (4), 33(1), 38(2) and 42(1)(f), for "Secretary" (wherever occurring) substitute "Department Head".

28. State Electricity Commission Act 1958

In section 105(1) and (2) of the State Electricity Commission Act 1958, for "Secretary for Lands" substitute "Department Head of the Department

of Natural Resources and Environment".

29. Water Act 1989

In the Water Act 1989—

(a) in section 3(1)—

(i)  the definition of "Director-General" is repealed;

(ii) insert—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998	s. 30
' "Department Head" means the Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department;';

(b)	in section 3(1A), for ' "Director-General" ' substitute ' "Department Head" ';
(c)

in section 24(2), for "Director-General of "Department Head";

(d)

in section 48, for "Director-General" "Department Head";

(e)	in sections 69(3)(b) and 130(4) and (6), for "Director-General of Conservation, Forests and Lands" (wherever occurring) substitute "Department Head";
(f)

in section 310(2), for "Director-General" "Department Head";

(g)

in section 319, for "Director-General" "Department Head";

(h) in clause 6 of Schedule 7, for "Director- General of Conservation, Forests and Lands" substitute "Department Head".

Division 3—References to Secretary as body corporate and

Department Head

30. Country Fire Authority Act 1958

In the Country Fire Authority Act 1958—

(a) in section 3 insert—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 31 Act No. 76/1998

' "Secretary" means the body corporate

established by Part 2 of the
Conservation, Forests and Lands Act
1987;';

(b) Conservation, Forests and Lands" substitute

in section 4, for "Director-General of Natural Resources and Environment";

(c)	in sections 33, 51 and 52(2B), for "Director- General of Conservation, Forests and Lands" (wherever occurring) substitute "Secretary";
(d)

in section 52(2), for paragraph (c) "(c) not more than four representatives of

the Secretary appointed by the
Authority upon nomination by the

Secretary;";

(e) in section 54(2)(e)—

(i)	for "Director-General of Conservation, Forests and Lands" substitute "Secretary";
(ii)	for "Director-General" substitute "Secretary".

31. Mineral Resources Development Act 1990

In the Mineral Resources Development Act

1990—

(a) in section 4(1)—

(i)  the definition of "chief administrator" is repealed;

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

(ii)  in paragraph (b) of the definition of "occupier", for "Director-General" substitute "Secretary";

(iii)  in paragraph (a) of the definition of "dispute", for "chief administrator" substitute "Department Head";

(iv) insert—

' "Department Head" means the Department Head (within the meaning of the Public Sector Management and Employment

Act 1998) of the Department;';

(b) in section 15(3) and (4), 16(1) and (2), 18, 19(2), 20(1) and (4), 22, 24(3), 39(2) and (4) and 40(1), (2A) and (4), for "chief administrator" (wherever occurring) substitute "Department Head";

(c) in section 41—

(i)

in sub-sections (1) and (3), for "chief Head";

(ii) sub-section (4) is repealed;

(d)	in sections 41A(1) and 42(1), (2) and (7)(c), for "chief administrator" (wherever occurring) substitute "Department Head";
(e)

in section 50(1), for paragraphs (a) and (b) "(a) one is the Department Head; and

(b) one is an employee in the Department nominated by the Department Head; and"

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 31

s. 32 Act No. 76/1998

(f) in sections 56, 57 and 60, for "chief administrator" (wherever occurring) substitute "Department Head";

(g) in section 61—

(i)

in sub-sections (1) and (2), for "chief Head";

(ii) sub-section (3) is repealed;

(h) in section 78(1), for "chief administrator" substitute "Department Head";

(i) in section 79(b)—

(i)  omit "; or" at the end of sub-paragraph (i);

(ii) sub-paragraph (ii) is repealed;

(j) in section 80—

(i)  in sub-section (2), paragraph (a) is repealed;

(ii) of the Minister and the Director-
General (as defined in the
Conservation, Forests and Lands Act

in sub-section (3), for "joint satisfaction Minister";

(k)	in section 82(1), for "and the Director- General (as defined in the Conservation, Forests and Lands Act 1987) are satisfied" substitute "is satisfied";
(l)	in section 94(1), (2), (4) and (5), 95(1) and (2), 98, 115(3)(b), 118(1)(a), 120 and 121(1), for "chief administrator" (wherever occurring) substitute "Department Head".

32. Royal Botanic Gardens Act 1991

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998

In the Royal Botanic Gardens Act 1991—

(a) in section 3(1)—

(i)  the definition of "Director-General" is repealed;

(ii) insert—
' "Secretary" means the body

corporate established by Part 2 of
the Conservation, Forests and

Lands Act 1987;';

(b) in section 3, sub-section (3) is repealed;

(c)

in sections 32, 33 and 44, for "Director- "Secretary";

(d) in clause 1(2) of Schedule 2, for "Director- General" substitute "Department Head of the Department of Natural Resources and Environment".

_______________
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 33 Act No. 76/1998

PART 3—AMENDMENT OF COASTAL MANAGEMENT ACT

1995

33. Purposes

In section 1(a) of the Coastal Management Act
1995, for "Victorian Coastal and Bay
Management Council" substitute "Victorian

Coastal Council".

34. Definitions

In section 3(1) of the Coastal Management Act
1995, for the definition of "Council" substitute—

' "Council" means the Victorian Coastal Council

established under Part 2;'.

35. Heading to Division 1 of Part 2

For the heading to Division 1 of Part 2 of the

Coastal Management Act 1995 substitute—

"Division 1—Victorian Coastal Council".

36. Change of name of Council

In section 6 of the Coastal Management Act
1995 for "Victorian Coastal and Bay Management

Council" substitute "Victorian Coastal Council".

37. Membership of Council

In section 7 of the Coastal Management Act 1995 for sub-sections (2) and (3) substitute— "(2) In recommending persons for appointment as

members of the Council, the Minister must have regard to the need for the members to have between them experience and
knowledge of conservation, tourism,
business, recreation, commerce, issues
relating to indigenous peoples, community

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 38

affairs, town planning, local government and

coastal engineering.".

38. Membership of Boards

(1) In section 11 of the Coastal Management Act

1995 for "10 members" substitute "12 members".

(2) In section 11 of the Coastal Management Act 1995 for sub-sections (2) and (3) substitute— "(2) In appointing persons as members of a

Board, the Minister must have regard to the need for the members to have between them experience and knowledge of conservation, tourism, business, recreation, commerce,
issues relating to indigenous peoples,
community affairs, town planning, local

government and coastal engineering.".

39. New section 11A inserted

After section 11 of the Coastal Management Act

1995 insert—

"11A. Membership of Board not an office of profit

A member of a Board shall not be taken to
hold an office or place of profit under the

Crown which would—

(a)	prevent the member sitting or voting as a member of the Legislative Council or Legislative Assembly; or
(b)

make void the member's election to the Assembly; or

(c) prevent the member continuing to be a member of the Legislative Council or Legislative Assembly; or

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 40 Act No. 76/1998

(d) subject the member to liability to pay a penalty under the Constitution Act 1975.".

40. New Part 4 substituted

For Part 4 of the Coastal Management Act 1995 substitute—

"PART 4—TRANSITIONAL

41.

Saving of Council be the same body as the Victorian Coastal and Bay Management Council despite the change in its name and any change in its membership resulting from the amendment of this Act by the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998.

42.

Saving of Boards despite any change in its membership resulting from the amendment of this Act by the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998.".

41. Amendment of Schedule

(1) In clause 1 of the Schedule to the Coastal

Management Act 1995, in the definition of
"body", for paragraph (a) substitute—

"(a) the Victorian Coastal Council; or".

(2) In clause 2 of the Schedule to the Coastal

Management Act 1995—

Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 41

(a) in sub-clause (1) omit "a representative of a Government Department or"; and

(b) sub-clause (2) is repealed.

(3) At the end of clause 3 of the Schedule to the

Coastal Management Act 1995 insert—
"(2) Despite sub-clause (1), a member of a Board

who is also a member of the Legislative Council or a member of the Legislative Assembly is not entitled to receive fees and

travelling and other allowances as a member
of the Board.".

(4) After clause 9(3) of the Schedule to the Coastal

Management Act 1995 insert—
"(4) A member of a sub-committee is entitled to

receive the fees and travelling and other
allowances from time to time fixed by the

Minister.".

_______________
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

s. 42 Act No. 76/1998

PART 4—AMENDMENT OF CROWN LAND (RESERVES)

ACT 1978

42. Reference to Coastal Council

In section 4(3) of the Crown Land (Reserves)
Act 1978 for "Victorian Coastal and Bay
Management Council" substitute "Victorian

Coastal Council".

_______________
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Act No. 76/1998 s. 43

PART 5—AMENDMENT OF PARKS VICTORIA ACT 1998

43. Powers of Parks Victoria

After section 4(2)(d) of the Parks Victoria Act
1998 insert—

"(da) may take land on lease and grant sub-leases

of leased land; and".

44. Statute law revision

In section 21(h) of the Parks Victoria Act 1998 for "section 7" substitute "section 8".

═══════════════
Conservation, Forests and Lands (Miscellaneous Amendments)
Act 1998

Notes Act No. 76/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 3 September 1998

Legislative Council: 21 October 1998

The long title for the Bill for this Act was "to amend the Conservation, Forests and Lands Act 1987 and other Acts to amend references to the Secretary to the Department of Natural Resources and Environment, to amend the Coastal Management Act 1995, the Crown Land (Reserves)

Act 1978 and the Parks Victoria Act 1998 and for other purposes."