Crown Land (Reserves) Act 1978 (Vic)

Version No. 134

Crown Land (Reserves) Act 1978

No. 9212 of 1978

Version incorporating amendments as at

26 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Short title and commencement

3Definitions

3AApplication of Road Management Act 2004

3BTransport Integration Act 2010

3CFilming Approval Act 2014

3DTraditional owner agreement for natural resources

Part 2—Reservation of land

4Power to reserve Crown land for public purposes

5Minister may purchase and acquire land

6Effect of permanent reservation on land previously temporarily reserved

7Consent of manager required for mining purposes

8Reserved lands not to be sold, leased or licensed

9Revocation of reservations

10Revocation of temporary reservation

11Power to amend or revoke permanent reservations

11ARevocation and further reservation of land

11BParliamentary scrutiny of Order in Council

Part 3—General provisions relating to reserved land

12Vesting of land on appointment of new trustees

13Regulations

14Appointment of committees of management

14AIncorporation of certain committees of management

14BProvisions as to committees of management incorporated under section 14A

14CBorrowing powers of incorporated committees

14DPower of incorporated committees to lease land

14EPowers conferred by sections 14C and 14D additional to other powers

15Powers of committees of management

15ADelegation of functions, powers or duties of Parks Victoria as committee of management

15BDelegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management

16Governor in Council may by Order direct that reserved land vest in municipality

17Powers of trustees or committees of management

17AContinuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements

17ABGovernor in Council may by Order confer certain leasing and licensing powers to Health Minister

17BLicences for purposes other than those for which land is reserved

17BAALicence may be granted for term greater than 10 years in some circumstances

17BALicence granted to generation company

17BBLicence granted for offshore wind energy generation

17CContinuation of uses of land for purposes other than those for which it is reserved—leases

17CALeases for up to 65 years for other purposes

17CBParliamentary scrutiny of the leasing of certain land

17CCRole of committee of management for leases granted under section 17CA

17DLeases for up to 21 years for other purposes

17DAALeases granted to generation company

17DAParliamentary scrutiny of certain approvals

17EUse of reserved land for car parks

17FLeases may contain options for renewal and overholding clauses

17GLeases may provide for removal of buildings and restoration of land

17HUse of reserved land for apiculture

17ITransitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016

17JPurpose relating to apiculture

18Management and control of reserved land

18AAgreement with electricity company—reserved land

18BPower of Secretary to enter into management agreements

18CObligations of Secretary and Parks Victoria in relation to Yarra River land

18DObligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas

18EObligations of land manager in relation to the Great Ocean Road region

19Trustees of permanent reserves may surrender land to Crown

20Procuring of forest produce on reserved land

20ALand to be managed consistently with joint management plan

21Trustees of reserves to be deemed occupiers

21AAOffence to construct, remove, alter, or carry out maintenance on, a levee on reserved land

21ABObligations of committees of management and trustees in relation to Yarra River land

21ACObligations of committees of management and trustees in relation to declared areas

Part 3A—Tour operator licences

21ADDefinition for this Part

21AOffence to conduct organised tour or recreational activity on reserved land if unlicensed

21BGrant of tour operator licence

21CApplication for tour operator licence

21DRequirement to pay annual licence fees after grant of tour operator licence

21ETour operator licence conditions

21FContravention of condition an offence

21GVariation of tour operator licence

21HSuspension of tour operator licence

21IMaking submissions on suspension

21JCancellation of tour operator licence

Part 3B—Cutting or taking away fallen or felled trees for domestic use as firewood

21KDefinitions

21LOffence to cut or take away fallen or felled trees outside firewood collection area and season

21MPerson may nominate another to cut and take away fallen or felled trees for firewood

21NFirewood collection season

21OSecretary may vary firewood collection season

21PSecretary may determine firewood collection areas

21QIdentification of firewood collection areas

21ROffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member

21SOffences as to amount of fallen or felled trees cut or taken away in a day

21THousehold limit of fallen or felled trees cut or taken away in a financial year

21UHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations

21VLimit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions

21WOffence to sell fallen or felled trees

21XOffences relating to conduct in a firewood collection area

21YProduction of nomination if requested by authorised officer

21ZNo offence if authorised by licence or authorisation etc. or regulations

Part 4—Special provisions relating to certain reserved land

Land used for horse racing or greyhound racing or purposes connected therewith

22Power of trustees and committee of management regarding horse racing or greyhound racing

Land reserved for an aerodrome or landing ground

23Powers of committee of management of land reserved for an aerodrome

Marinas

24Authority and agreement to construct a marina

Land leased to bodies corporate for sport recreation or social activities

29Power to Treasurer to guarantee certain loans

Mineral springs

29ALease of mineral spring reserves

29BAgreements as to the taking and removal of mineral waters

29CApplication of moneys received under a lease

29DMinister may appoint an advisory committee

29EOperation of Water Act 1989

Management and other powers in particular reserves

29FControl and management of structures and installations

29GControl and management of water authority structures etc. in specified regional parks

29HWater distribution works authority—Bendigo Regional Park

29HAWorks under water licences—Murray River Park

29IDam licences—Bendigo Regional Park

29IAWorks under water licences—Kerang and Shepparton Regional Parks

29IBCutting and taking away fallen or felled trees—Shepparton Regional Park

Part 4A—Carlton Gardens Reserve—Special event management

29JSpecial event management declarations

29KContent of special event management declarations

29LManagement of Carlton Gardens Reserve

29MSuspension of functions, powers and duties

29NPowers in relation to agreements and arrangements

29ORegulations and local laws to be suspended

29PTransitional provisions

29QEffect of special event management declaration

29RMinister to give copy of declaration to committee of management

29SSpecial event management area to be restored

Part 5—General

Division 1—Miscellaneous

30Minister may accept gifts etc.

30AOwnership of timber

31Tour operator licence regulations

32Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons

33Payment of refunds

Division 2—General transitional provisions

34Transitional provisions—Crown Land Legislation Amendment Act 2016

34ATransitional provision—Traditional Owner Settlement Amendment Act 2016

34BTransitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021

Part 6—Provisions relating to particular Crown land reserves

Division 1—Miscellaneous reserves

35Deep Lead Nature Conservation Reserve (No. 2)

Division 2—Fifth Schedule reserves

43Reserve descriptions

44Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves

45Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves

46Land in Part 3 of Fifth Schedule deemed to be natural features reserves

47Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves

47APurposes for land in Part 5 of the Fifth Schedule

47BLand in Part 4A of the Fifth Schedule deemed to be regional parks

47BAMurray River Park

47CLand in Part 6 of the Fifth Schedule deemed to be water reserves

47DLand in Part 7 of the Fifth Schedule deemed to be forest parks

Division 3—Transitional and miscellaneous provisions—Parks and Crown Land Legislation Amendment Act 2020

49Land to become part of park on surrender to the Crown—Bendigo Regional Park

50Land reserved temporarily for aerodrome purposes

50AMacedon Regional Park—Land not affected by enactment of certain Acts

50BEldorado Historic Reserve—Land not affected by enactment of certain Acts

Division 5—Further transitional provisions—2006 Act

51Definition

55Protected forest—Kurth Kiln Regional Park

Division 5A—Further transitional provisions—2009 River Red Gums Act

63Definitions

63ATransitional provision—Murray River Park

63BCutting and taking away fallen or felled trees—Murray River Park

63CGrazing licences—Murray River Park

63DLand to become part of park on surrender to the Crown—Kerang Regional Park

Division 6—Transitional and miscellaneous provisions—Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025

64Bendigo Regional Park

65Wandong Regional Park

Schedules

Second Schedule––Transitional provisions

Third Schedule

Fifth Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 134

Crown Land (Reserves) Act 1978

No. 9212 of 1978

Version incorporating amendments as at

26 November 2025

An Act to provide for the Reservation of Crown Lands for certain purposes and for the Management of such Reserved Lands and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART 1—PRELIMINARY

1Short title and commencement

(1)This Act may be cited as the Crown Land (Reserves) Act 1978.

(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

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(3)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under the repealed or amended provisions or existing or continuing under such provisions immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such provisions had not been so repealed or amended;

(b)in particular and without affecting the generality of the foregoing such repeal or amendment shall not disturb the continuity status operation or effect of any proclamation regulation rule by-law order application certificate appointment nomination allowance consent grant reservation lease licence permit condition exception notice determination recommendation decision direction delegation guarantee fund liability or right made effected issued granted given passed accrued incurred or acquired or existing or continuing by or under the repealed or amended provisions before the commencement of this Act; and such repeal or amendment shall not affect or disturb any validation effected or any transfer of powers duties and authorities or the construction of any document consequent thereon by or under any of such Acts before the commencement of this Act.

3Definitions

In this Act unless inconsistent with the context or subject-matter—

accepted recommendation means—

(a)in relation to a report under

section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i)the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii)if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b)if there is no response to which paragraph (a)(i) or (ii) applies, the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

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

authorised officer means a person appointed as an authorised officer for the purposes of the Land Act 1958 under—

(a)Part 9 of the Conservation, Forests and Lands Act 1987; or

(b)Part 3 of the Victorian Fisheries Authority Act 2016; or

(c)Part 3 of the Game Management Authority Act 2014;

Carlton Gardens Reserve means the balance of the land described in Crown Grant Volume 600 Folio 905;

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Council has the same meaning as it has in the Local Government Act 2020;

declaration period means the period specified in a special event management declaration as the period for which the declaration is to apply;

declared area has the same meaning as in the Planning and Environment Act 1987;

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event organiser means a person who organises or conducts events;

fallen or felled trees includes parts of fallen or felled trees;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

firewood collection area means land determined by the Secretary in accordance with section 21P to be a firewood collection area;

firewood collection season, in relation to a firewood collection area, means—

(a)a period referred to in section 21N if the period has not been varied; or

(b)if the period referred to in section 21N has been varied under section 21O, the period as so varied;

forest park means an area of land deemed to be permanently reserved under section 47D;

Goulburn-Murray Water means Goulburn-Murray Rural Water Corporation constituted under Part 6 of the Water Act 1989;

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

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

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

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

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

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

land manager means—

(a)in relation to land reserved under section 4 that is managed by trustees or a committee of management, the trustees or committee of management; or

(b)in relation to land reserved under section 4 that is not managed by trustees or a committee of management—

(i)for Parks Victoria recorded land, Parks Victoria; or

(ii)for all other land, the Secretary;

local port has the same meaning as it has in the Port Management Act 1995;

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Marine and Coastal Council has the same meaning as Council has in the Marine and Coastal Act 2018;

marine and coastal Crown land means—

(a)land which is reserved either temporarily or permanently under this Act; and

(b)which is marine and coastal Crown land within the meaning of the Marine and Coastal Act 2018;

Melbourne Water Corporation has the same meaning as in the Water Act 1989;

mineral water means groundwater which in its natural state contains carbon dioxide and other soluble matter in sufficient concentration to cause effervescence and impart a distinctive taste;

mineral spring means any place where mineral water issues naturally or is extracted from an aquifer;

mineral springs reserve means—

(a)any Crown land reserved pursuant to section 4 or any corresponding previous enactment for the purpose of mineral springs; or

(b)any Crown land reserved either temporarily or permanently pursuant to section 4 or any corresponding previous enactment for any purpose on which there is a mineral spring;

Parks Victoria 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 has the same meaning as in the Conservation, Forests and Lands Act 1987;

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

responsible Minister means—

(a)the Minister administering this Act; or

(b)if powers under this Act have been conferred on another Minister by Order under section 17AB, that Minister;

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

special event management area means the area specified in a special event management declaration as the area to which the declaration is to apply;

special event management declaration means a declaration under section 29J(1);

special event period means a period specified in a special event management declaration as a period during which the special event is to take place;

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

tour operator licence means a licence granted under section 21B;

traditional owner land management agreement has the same meaning as in the Conservation, Forests and Lands Act 1987;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

tree or trees has the same meaning as in section 3(1) of the Forests Act 1958;

Trust means the Victorian Convention and Event Trust established by the Victorian Convention and Event Trust Act 1996;

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

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

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

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

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

3AApplication of Road Management Act 2004

(1)A road on reserved Crown land under this Act is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2)The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a)if the committee of management for the reserve is a Council, the Council; or

(b)if paragraph (a) does not apply—

(i)the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

(ii)if no notice is published, the relevant committee of management for the reserve; or

(iii)if neither subparagraph (i) nor (ii) applies, the Secretary.

3BTransport Integration Act 2010

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

3CFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

3DTraditional owner agreement for natural resources

If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

PART 2—RESERVATION OF LAND

4Power to reserve Crown land for public purposes

(1)The Governor in Council may by Order published in the Government Gazette reserve by a general or particular description either temporarily or permanently any Crown lands which in the Governor in Council's opinion are required for any public purposes and without affecting the generality of the foregoing for any or any combination of the following—

(a)ports, quays wharves docks and landing places;

(b)roads carparks tramways and railways;

(c)aerodromes and landing grounds for aircraft;

(d)watersheds and gathering grounds for water supply purposes, the supply and distribution of water and works associated therewith including reservoirs aqueducts pipe-lines channels and waterways;

(e)the protection of the beds or channels and the banks of waterways;

(f)drainage and sewerage works;

(g)camping grounds and watering places for travelling stock;

(h)markets abattoirs and saleyards;

(i)municipal buildings and store-yards;

(j)public baths and swimming pools;

(k)mineral springs;

(l)the preservation of areas of ecological significance;

(m)the conservation of areas of natural interest or beauty or of scientific historic or archaeological interest;

(ma)carbon sequestration in vegetation and soil;

(n)the preservation of species of native plants;

(o)the propagation or management of wildlife or the preservation of wildlife habitat;

(p)pre-school centres, State schools and other institutions of public instruction and areas and facilities for the study of the natural environment;

(q)prisons and reformatories;

(r)public buildings including offices halls libraries museums galleries and war memorials;

(s)experimental and research farms and agricultural colleges;

(t)the growth preservation and supply of timber including Government school forest plantations;

(u)the supply of sand gravel stone and other materials for the construction of public roads buildings and other works;

(v)alpine resorts;

(w)public parks gardens and ornamental plantations;

(x)areas for public recreation including areas for camping;

(y)the purposes of health and social welfare;

(z)facilities and services for tourists or for the promotion of tourism;

(za)show-grounds and race-courses;

(zb)cemeteries and crematoria;

(zc)hospitals and institutions or services for any other purposes administered by the Minister administering the Health Services Act 1988 or conducted by committees registered under the Hospitals and Charities Act 1958;

(zd)bush nursing centres;

(ze)the protection of the coastline; and

(zf)zoological parks.

(2)At least 30 days before any land is permanently reserved under subsection (1) notice of the intention to so reserve it shall be published once in a newspaper circulating generally in the area in which the land is situated.

(3)Before any land is temporarily or permanently reserved for the protection of the coastline and before the Governor in Council declares any land to be permanently reserved for the protection of the coastline under subsection (6) the Minister shall obtain and consider a report of the Marine and Coastal Council.

(3A)Before any land within a local port is temporarily or permanently reserved under subsection (1), the Minister must consult with the Minister administering the Port Management Act 1995.

(4)Every temporary or permanent reservation made or purported to have been made under the Land Act 1958 or any previous corresponding enactment shall be deemed to have been made under subsection (1).

(5)Where any land is permanently reserved for unspecified purposes under any Act the Governor in Council may by Order published in the Government Gazette specify that the land or any part thereof is so permanently reserved for any purpose authorized by or under subsection (1) and thereupon such land shall be deemed to be so reserved under subsection (1).

(6)The Governor in Council may by Order published in the Government Gazette declare any land or any part thereof reserved either temporarily or permanently for any purpose under any Act to be permanently reserved for the protection of the coastline and thereupon such land shall be deemed to be so reserved under subsection (1) for that purpose.

5Minister may purchase and acquire land

(1)The Minister may purchase by agreement for and on behalf of His Majesty any land which the Minister considers should be reserved for any of the purposes specified in section 4(1).

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(3)The Minister shall consult with the Minister administering the Sport and Recreation Act 1972 prior to entering into any agreement under subsection (1) for the purchase of any land for any purpose specified in paragraph (x) of section 4(1).

(4)The Minister may compulsorily acquire for and on behalf of His Majesty—

(a)any land which the Minister is satisfied on reasonable grounds should be reserved for—

(i)any of the purposes specified in paragraphs (l), (m), (n) and (o) of section 4(1); or

(ii)a park in conjunction with any or all of those purposes;

(b)any easement right or privilege over any land which the Minister considers necessary or desirable to provide access to or for the development protection or improvement of any land reserved for any purpose referred to in paragraph (a) or for any purpose similar thereto; or

(c)any land which is within the metropolitan area (within the meaning of section 153A of the Water Industry Act 1994) and which the Minister is satisfied, on reasonable grounds, should be reserved for any of the purposes specified in paragraphs (w) and (x) of section 4(1).

(5)The Land Acquisition and Compensation Act 1986 applies to this section and for that purpose—

(a)this section is the special Act; and

(b)the Minister is the Authority.

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(7)Any land purchased under this section shall be surrendered and transferred or conveyed to the Crown and thereupon shall be deemed to be unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was purchased.

(8)Any land acquired by the Minister under this section—

(a)vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and

(b)may be dealt with as unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was acquired.

6Effect of permanent reservation on land previously temporarily reserved

Where any land is permanently reserved under section 4 any previous temporary reservation of the land shall be deemed to be revoked by the Order effecting the permanent reservation but any regulations and the appointment of any committee of management in respect to the land shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such reservation had not been so revoked.

7Consent of manager required for mining purposes

(1)The Governor in Council may, by the Order reserving any land or by any subsequent Order published in the Government Gazette, nominate any specified part of reserved land for which consent of the person or manager administering or managing the land is required before work may be done on that land in accordance with the Mineral Resources (Sustainable Development) Act 1990.

(2)The Governor in Council may revoke any nomination under subsection (1) by Order published in the Government Gazette.

(3)After the commencement of section 40 of the Mineral Resources Development (Amendment) Act 1993, the Governor in Council must not make a nomination under subsection (1) in relation to any land that is unrestricted Crown land within the meaning of the Mineral Resources (Sustainable Development) Act 1990.

8Reserved lands not to be sold, leased or licensed

(1)Any land which has been reserved either temporarily or permanently under section 4 shall not (except as authorized by this or any other Act) be sold leased or licensed unless the reservation thereof has been revoked and any purported sale lease or licence of such land shall be absolutely void as well against His Majesty as all other persons whomsoever.

(2)An Act other than this Act (whether passed before or after the commencement of this subsection) must be taken to authorise the sale, leasing or licensing of land reserved temporarily or permanently under section 4 only if it expressly, and not merely by implication, authorises the sale, leasing or licensing of—

(a)that particular land; or

(b)any class or description or Crown land or reserved land that includes that land; or

(c)Crown land or reserved land generally.

(3)For the purposes of subsection (2)(b) and (c) an Act which authorises the sale, leasing or licensing of land, without expressly referring to Crown land or reserved land, must not be taken to authorise the sale, leasing or licensing of Crown land or reserved land.

(4)This section has effect despite any Act or rule of law to the contrary, including any rule of the common law.

9Revocation of reservations

(1)Unless otherwise specifically provided in this or any other Act the temporary reservation of any land under section 4 may only be revoked in accordance with the provisions of section 10.

(2)Unless otherwise specifically provided in any other Act the permanent reservation of any land under section 4 may only be revoked pursuant to the provisions of section 11.

10Revocation of temporary reservation

The Governor in Council may revoke any temporary reservation of any land as to the whole or any part thereof by Order published in the Government Gazette but at least fourteen days before any temporary reservation is revoked notice of intention to revoke the reservation shall be published in the Government Gazette.

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11Power to amend or revoke permanent reservations

(1)Where—

(a)the bed or channel of any waterway or any Crown land on either side of the same is permanently reserved by Order in Council under this Act; and

(b)after the date of such Order the course of such waterway is altered (whether by natural or artificial means); and

(c)the bed or channel as so altered and any Crown land on either side thereof are permanently reserved by Order in Council under this Act—

the Governor in Council may by the Order referred to in paragraph (c) or any subsequent Order revoke or amend the first-mentioned Order in whole or in part so far as the same is no longer applicable to the altered circumstances.

(2)Where any land is permanently reserved for the purposes of the Education and Training Reform Act 2006 or any corresponding previous enactment and the Minister administering the Education and Training Reform Act 2006 certifies in writing that such land or any part thereof is no longer required for such purposes the Governor in Council by Order published in the Government Gazette may revoke such reservation as to the whole or any part of such land.

(3)Where any land the permanent reservation of which is revoked under subsection (2) is vested by Crown grant in the Minister administering the Education and Training Reform Act 2006—

(a)on the day on which the revocation of such permanent reservation is published in the Government Gazette the Crown grant in so far as it relates to such land shall be revoked made void and annulled; and

(b)such land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts encumbrances reservations restrictions and limitations whatsoever.

(4)A permanent reservation of land in the Great Ocean Road coast and parks may be revoked by a Reservation Order within the meaning of section 3 of the Great Ocean Road and Environs Protection Act 2020.

11ARevocation and further reservation of land

(1)If a land agreement provides that land that is the subject of the agreement is to be reserved for the purpose specified in the agreement, the Minister may recommend to the Governor in Council that the reservation of the land (whether temporary or permanent) be revoked and that the land be reserved for the purposes set out in the recommendation.

(2)On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order in Council, revoke the reservation of the land and reserve the land for the purposes set out in the Order in Council.

(3)The Minister must take all reasonable steps to make a recommendation under subsection (1), to give effect to the land agreement.

(4)This section has effect despite anything to the contrary in any other provision of this Act.

(5)In this section land agreement has the same meaning as in the Traditional Owner Settlement Act 2010.

11BParliamentary scrutiny of Order in Council

(1)Any Order in Council under section 11A(2) may be disallowed by resolution of either House of Parliament.

(2)Sections 15, 22, 23 and 24 of the Subordinate Legislation Act 1994 apply to an Order in Council and resolution referred to in subsection (1) as if—

(a)the Order were a statutory rule within the meaning of that Act, notice of which had been published in the Government Gazette on the day on which the Order was made; and

(b)in section 23(2)(a) of that Act, for "18th" were substituted "5th"; and

(c)in section 23(2)(b) of that Act, for "12th" were substituted "10th"; and

(d)disallowance by either House of Parliament were disallowance by Parliament.

(3)Despite anything to the contrary in any other Act, an Order referred to in subsection (1) comes into force, if it is not disallowed by either House of Parliament, on the day after the last day on which it could have been so disallowed.

PART 3—GENERAL PROVISIONS RELATING TO RESERVED LAND

12Vesting of land on appointment of new trustees

(1)Where any Crown land has been permanently reserved and granted to trustees or granted to the Minister and trustees jointly under any Act an Order in Council deed or document appointing a new trustee or new trustees of such land shall by virtue of this Act and without further or other conveyance assignment or transfer have the effect of granting such land to such new trustee or trustees either solely or together with any surviving or continuing trustee including the Minister (as the case may be).

(2)The trustees to whom such land is granted shall if such land is under the Transfer of Land Act 1958 be deemed to be the proprietors thereof within the meaning of that Act as if their names appear as proprietors in the Register.

(3)The Secretary shall forthwith after the publication in the Government Gazette of any Order in Council or the execution of any deed or document appointing a new trustee or trustees of such land give notice to the Registrar of Titles of the making of such Order or the execution of such deed or document and forward to the Registrar of Titles a copy of the Government Gazette in which the Order is published or a duplicate or certified copy of such deed or document (as the case requires).

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13Regulations

(1)Where any land has been reserved under this Act—

(a)the trustees thereof or the Minister and the trustees (as the case may be) with the approval of the Governor in Council; or

(b)where the land has not been granted to trustees, the Minister—

may make regulations for and with respect to—

(i)the proceedings of any committee of management;

(ii)the care protection and management of the land;

(iii)the preservation of good order and decency on the land;

(iiia)setting aside areas on the land in which specified activities are permitted, restricted or prohibited;

(iv)the provision of services and facilities on the land and the conditions under which any services or facilities so provided shall be available to or be used by any person;

(v)the carrying out of works and improvements;

(vi)the safety of persons on the land or occupying or using any structure or building or any part of any structure or building on the land;

(vii)issuing permits and licences and entering into agreements in relation to the land;

(viii)the inspection and approval by a committee of management (if any) of plans and specifications for buildings structures or other works or extensions of buildings structures or other works required or permitted to be erected on such land;

(ix)the removal of any buildings structures or other works which do not comply with the requirements of the committee of management or in respect of which a permit, licence or agreement has expired or has been cancelled;

(x)the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of—

(A)entry upon such land (including any waters on such land) or any specified part of such land by any persons, animals, vehicles, boats or aircraft; or

(B)any improvement, services or facilities on such land (including carparks); or

(C)permits for the use of such land or any part of such land;

(xa)imposing penalties not exceeding 20 penalty units for contravention of the regulations;

Note

See section 34 for transitional provisions relating to penalties.

(xi)the fixing and collection of charges or royalties, whether in advance or otherwise, for the taking of any stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990 from such land;

(xii)extending or applying regulations made under this subsection in respect of any land referred to in paragraph (b) to any other land referred to in that paragraph.

(1A)Regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may apply to one or more areas of land reserved under section 4.

(2)Any regulations made by the Minister under the power conferred by paragraph (b) of subsection (1) may confer and impose upon the committee of management of the land and upon any officer or servant of such committee or any specified person or body or class of specified person or body such powers functions authorities restrictions and duties as the Minister thinks necessary or expedient for the purposes of such regulations.

(2A)Regulations made under subsection (1) may—

(a)be of general or limited application; and

(b)differ according to differences in time, place or circumstances; and

(c)provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether—

(i)unconditionally or on specified conditions; and

(ii)either wholly or to any specified extent.

(3)Regulations under paragraph (x) of subsection (1) imposing tolls fees rents or other charges shall not be made in respect of any lands reserved for public recreation and granted to the Corporation of the city of Melbourne either alone or jointly with the Minister or in respect of any public parks or gardens vested in trustees or jointly in the Minister and trustees, unless the Governor in Council is satisfied that there are special reasons justifying such regulations.

(3A)Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed under regulations made under subsection (1)(b)(x).

(4)Regulations made under this section and any revocation of any such regulations shall be published in the Government Gazette.

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(7)Any person who contravenes or fails to comply with any regulation made under this section and who after the person has been warned by an authorised officer or by any police officer does not desist therefrom may be forthwith apprehended by such authorised officer or police officer and taken before a bail justice or the Magistrates' Court to be dealt with according to law.

(8)Every officer or servant employed by the committee of management of any land and every officer or servant of the trustees of any land and every authorised officer and every police officer shall have and may exercise all powers and authorities necessary to take proceedings prosecute or file a charge-sheet containing a charge in respect of any contravention or failure to comply with any regulations made under this section.

(9)Any money recovered by fine for breach of any regulation made under this section shall be paid—

(a)where the charge-sheet is filed by a police officer or an authorised officer—into the Consolidated Fund;

(b)where the charge-sheet is filed by an officer or servant employed by the committee of management of any land—into the funds of the committee of management;

(c)where the charge-sheet is filed by any officer or servant employed by the trustees of the land—into the funds of the trustees.

(10)Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.

14Appointment of committees of management

(1)Where any land has been permanently reserved under this Act for the purposes of a public park or garden or for the recreation convenience or amusement of the people and has been granted to trustees or jointly to the Minister and trustees the Governor in Council may on the application of the trustees or of the Minister and the trustees (as the case may be) appoint a committee of management thereof and may at any time on a similar application revoke any such appointment or remove any person appointed as a member of the committee.

(2)Where any land has been reserved either temporarily or permanently under this Act and has not been granted to trustees the Minister may appoint a committee of management thereof and may at any time revoke any such appointment or remove any person appointed as a member of the committee.

(3)An appointment under subsection (1) or (2) may be subject to such conditions and shall be for such term as the Governor in Council or the Minister (as the case may be) determines in any particular case.

(4)A committee of management appointed under subsection (1) or (2) may consist of—

(a)any three or more persons;

(b)a Council;

(c)a metropolitan water corporation within the meaning of the Water Act 1989;

(ca)Melbourne Water Corporation;

(cb)Parks Victoria, and the Parks Victoria Minister must first approve the appointment if the Parks Victoria Minister is different from the Minister administering this section;

(d)the Great Ocean Road Coast and Parks Authority, and the Minister administering the Great Ocean Road and Environs Protection Act 2020 must first approve the appointment if the Minister administering the Great Ocean Road and Environs Protection Act 2020 is different from the Minister administering this section;

(e)any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose;

(f)a company within the meaning of the Corporations Act that—

(i)is taken to be registered in Victoria; and

(ii)is registered under section 150, or has a licence in force under section 151, of that Act;

(g)any combination of such persons and bodies.

(5)The Governor in Council or the Minister

(as the case may be) may if the Governor in Council or the Minister thinks fit appoint as chairperson of a committee of management (not being a body corporate) appointed under subsection (1) or (2) any member of that committee for the time being in office.

(6)In any case where the Governor in Council or the Minister (as the case may be) has not appointed a chairperson of a committee of management pursuant to subsection (5) the committee may itself appoint as chairperson a member of the committee for the time being in office.

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(10)Without limiting the generality of section 2, every appointment of a committee of management made or purported to be made under the Land Act 1958 or any corresponding previous enactment or under the Carlton (Recreation Ground) Land Act 1966 or the North Melbourne Lands Act 1966 that is in force immediately before the commencement of this Act—

(a)in the case where the committee was a committee of management of land granted to trustees or jointly to the Minister and trustees, shall be deemed to have been made under subsection (1); or

(b)in the case where the committee was a committee of management of land not being land granted to trustees, shall be deemed to have been made under subsection (2).

14AIncorporation of certain committees of management

(1)On the recommendation of the Minister the Governor in Council may, if satisfied that it is in the public interest to do so, by notification published in the Government Gazette—

(a)declare that a committee of management appointed under section 14(2) and specified in the notification (being a committee of management that consists of three or more persons) shall be a corporation; and

(b)assign a corporate name to the corporation.

(2)On the publication in the Government Gazette of a notification under subsection (1)—

(a)the committee of management specified in the notification shall be a body corporate by the name assigned to it by the Governor in Council with perpetual succession and a common seal and shall by that name be capable in law of suing and being sued and, subject to this Act, of holding, acquiring and disposing of personal property;

(b)the powers, functions, discretions and authorities of that committee of management, whether conferred or imposed by this Act or otherwise, shall be deemed to be conferred or imposed on the corporation alone;

(c)the duties, liabilities, responsibilities and obligations imposed upon that committee of management shall be transferred to the corporation and thereafter the corporation shall be subject to all such duties liabilities responsibilities and obligations; and

(d)the corporation shall become and be the successor in law of that committee of management.

(3)The common seal of a corporation constituted under this section shall be kept in such custody as the corporation directs and shall not be used except as authorized by the corporation.

(4)All courts, judges and persons acting judicially shall take judicial notice of the common seal of a corporation constituted under this section affixed to any document and, until the contrary is proved, shall presume that it was duly affixed.

(5)The Governor in Council may from time to time by notification published in the Government Gazette assign a new corporate name to a corporation constituted under this section and, on and from the publication in the Government Gazette of the notification, the corporate name of the corporation shall be the name so assigned.

(6)The assignation of a new corporate name to a corporation under subsection (5) shall not affect any rights or obligations of the corporation or render defective any legal proceedings instituted or to be instituted by or against the corporation and any legal proceedings that might have been continued or commenced by or against the corporation by its former name may be continued or commenced by or against the corporation by its new name.

(7)The Governor in Council may, by notification published in the Government Gazette, dissolve a corporation constituted under this section.

(8)On the publication in the Government Gazette of a notification under subsection (7)—

(a)the members who constituted the corporation specified in the notification shall constitute the committee of management of the land and the provisions of this Act relating to committees of management appointed under section 14(2) (not being bodies corporate or corporations constituted under this section) shall apply to that committee of management;

(b)the powers, functions, discretions and authorities of the corporation specified in the notification shall be deemed to be conferred or imposed on that committee of management;

(c)the duties, liabilities, responsibilities and obligations imposed upon the corporation specified in the notification shall be transferred to that committee of management and thereafter that committee of management shall be subject to all such duties, liabilities, responsibilities and obligations; and

(d)that committee of management shall become and be the successor in law of the corporation specified in the notification.

14BProvisions as to committees of management incorporated under section 14A

(1)In this section and in sections 14C, 14D and 14E a committee of management that is declared to be a corporation under section 14A is referred to as "an incorporated committee".

(2)An incorporated committee shall consist of the members who constituted the committee of management immediately prior to the publication in the Government Gazette of the notification under section 14A(1).

(3)The Minister shall appoint one of the members of an incorporated committee to be chairperson.

(4)Subject to this Act, a member of an incorporated committee shall hold office for a period of up to three years but shall be eligible for re‑appointment.

(5)The Minister may at any time remove a member of an incorporated committee from office.

(6)A member of an incorporated committee may resign the member's office by writing signed by the member and delivered to the Minister.

(7)The office of a member of an incorporated committee becomes vacant if the member—

(a)is absent without the permission of the committee from 4 consecutive meetings of the committee; or

(b)becomes bankrupt or the member's property becomes in any manner subject to control under the law relating to bankruptcy; or

(c)is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or

(d)becomes incapable of performing the duties of the member's office; or

(e)is removed from office or resigns the member's office; or

(f)dies.

(8)At any meeting of an incorporated committee the chairperson (or, in the absence of the chairperson, such member as the members present appoint) shall preside.

(9)A quorum of an incorporated committee shall consist of a majority of the members for the time being in office.

(10)The powers and functions of an incorporated committee shall be exercised in accordance with a majority of votes at any meeting and in the event of an equality of votes the person presiding shall have a second or casting vote.

(11)Subject to this section, the provisions of this Act relating to committees of management (not being bodies corporate) appointed under section 14(2) shall apply to committees of management that are declared to be corporations under section 14A.

14CBorrowing powers of incorporated committees

(1)For any of the purposes mentioned in paragraph (a) of subsection (1) of section 15 an incorporated committee may, with the approval of the Treasurer of Victoria and subject to such terms conditions and limits as the Treasurer of Victoria imposes—

(a)borrow moneys from any authorised deposit‑taking institution within the meaning of the Banking Act 1959 of the Commonwealth by way of overdraft; and

(b)obtain temporary financial accommodation secured or arranged in such manner and for such period as the Treasurer of Victoria in each particular case approves.

(2)An incorporated committee may for any of the purposes mentioned in paragraph (a) of subsection (1) of section 15 borrow money from any institution person or body approved by the Treasurer of Victoria on such terms and conditions as are approved by the Treasurer of Victoria from time to time and give to any such institution person or body security for money so borrowed in such form as the Treasurer of Victoria approves in each particular case.

(3)Where an incorporated committee borrows moneys under the power conferred by subsection (1) or (2), the Treasurer of Victoria may execute in favour of any institution person or body lending money to the committee a guarantee for the repayment thereof.

(4)A guarantee given by the Treasurer of Victoria under subsection (3)—

(a)shall, subject to this subsection, be in such form and subject to such terms and conditions as the Treasurer of Victoria thinks fit;

(b)may extend to any interest charges and other expenses chargeable by the institution person or body making the loan and the expenses of enforcing or obtaining or endeavouring to enforce or obtain repayment of the loan and those interest charges and expenses;

(c)shall be subject to the condition that the institution person or body making the loan shall obtain take and hold or retain and hold securities of such nature as the Treasurer of Victoria may require for the repayment of the loan and the payment of interest charges and expenses;

(d)shall be subject to the condition that the institution person or body making the loan shall not without the prior consent in writing of the Treasurer of Victoria assign or encumber the benefit of the guarantee; and

(e)shall not be enforceable against the Treasurer of Victoria unless the institution person or body making the loan has, to the said Treasurer's satisfaction, exercised the institution's, person's or body's rights and remedies under all securities held by or for the institution, person or body in respect of the loan and any interest charges and expenses.

(5)Any moneys required by the Treasurer of Victoria in fulfilling any guarantee given under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any moneys received or recovered by the Treasurer of Victoria in respect of any moneys so paid by the said Treasurer shall be paid into the Consolidated Fund.

(6)An incorporated committee may invest moneys in the funds of the incorporated committee in such manner as the Treasurer of Victoria from time to time approves.

14DPower of incorporated committees to lease land

(1)Notwithstanding anything in this Act but subject to subsection (2), an incorporated committee may, with the consent of the Governor in Council, grant leases of any part of the reserved land for the purposes of providing facilities and services for the public.

(2)A lease granted under subsection (1)—

(a)shall be for a specific term not exceeding 21 years; and

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(c)shall be subject to such covenants exceptions reservations and conditions as are determined by the incorporated committee and approved by the Minister.

14EPowers conferred by sections 14C and 14D additional to other powers

The powers conferred on incorporated committees by sections 14C and 14D are additional to the powers conferred on committees of management (not being bodies corporate) by the other provisions of this Act.

15Powers of committees of management

(1)A committee of management of any land appointed under section 14—

(a)shall manage improve maintain and control the land for the purposes for which it is reserved and for that purpose may employ officers servants and workmen;

(b)may exercise all such powers functions and authorities and shall carry out all such duties as are conferred or imposed on it by any regulations made pursuant to section 13 and shall have authority to do all such acts matters and things as are necessary for or incidental to carrying into effect and enforcing such regulations in respect of the land;

(c)may carry out works and improvements on the land:

Provided that in the case of works or improvements on coastal Crown land—

(i)the consent of the Minister administering the Marine and Coastal Act 2018 has been first obtained; and

(ii)the works are carried out in accordance with any management plan prepared under the Marine and Coastal Act 2018 which relates to the land;

(iii)the works or improvements are being carried out solely to maintain the land;

(d)may—

(i)if it is a body corporate, in its own name or in the name of some person appointed by it in that behalf; or

(ii)if it is not a body corporate, in the name of any one or more of its members or in the name of some person appointed by it in that behalf—

take any legal proceedings for the purposes aforesaid;

(e)may expend any revenue from the land or any other moneys for any of the purposes mentioned in this section;

(f)shall expend or apply any revenue for any other purpose whether or not related to the land as directed by the Minister;

(g)notwithstanding anything in this Act where the committee considers it will not be inconsistent with the purposes of the reservation the committee may subject to the consent of the Minister upon such terms and conditions as it determines—

(i)grant a permit to any person to enter upon the land with cattle sheep or other animals and to pasture them thereon; or

(ii)cultivate the land or grant a permit to any person to enter upon the land with plant and machinery and cultivate it;

(h)may, in accordance with the Impounding of Livestock Act 1994, impound livestock trespassing on the land and, for the purposes of this paragraph, livestock has the same meaning as in section 3 of the Impounding of Livestock Act 1994; and

(i)may insure against any legal liability to members of the public which may arise out of the performance of its functions as committee of management.

(2)At any meeting of a committee of management the chairperson (or, in the absence of the chairperson, such member as the members present appoint) shall preside and in the event of an equality of votes the person presiding shall have a second or casting vote.

(3)A quorum of a committee of management (not being a body corporate) shall consist of a majority of the members for the time being in office.

(4)The powers and functions of a committee of management (not being a body corporate) may be exercised in accordance with a majority of votes at any meeting.

(5)Where reserved land has been granted to trustees all acts matters and things done by the committee of management of the land in exercise of the powers conferred by this section shall have the same force and effect as if done by the trustees of the land.

(6)In no case shall His Majesty or the Minister be liable for any costs or expenses incurred or awarded in connexion with any prosecution under this section.

(7)A committee of management appointed under subsection (1) of section 14 shall furnish annually to the trustees of the land and to the Minister a report of its operations and a statement of its receipts and expenditure in such form as the trustees or the Minister may require.

(8)A committee of management appointed under subsection (2) of section 14—

(a)shall keep a full and particular account of all sums of moneys received and expended by it;

(b)shall furnish annually to the Secretary, unless otherwise directed by the Secretary, a statement of its receipts and expenditure and of the balance in hand;

(c)shall if requested by the Secretary furnish particulars of any or all of its receipts and expenditure;

(d)shall keep such accounting and other records as may be required by the Secretary to sufficiently explain the transactions and financial position of the committee; and

(e)shall cause to be made up in each year proper accounts of the committee for the year ending on the day immediately preceding the anniversary of the appointment of the committee or any other day as may be required by the Secretary.

(8A)Subject to subsection (8B), the provisions of subsection (8) shall not apply to a committee of management consisting of—

(a)a Council;

(b)a metropolitan water corporation within the meaning of the Water Act 1989;

(ba)Melbourne Water Corporation;

(bb)Parks Victoria;

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(d)any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose.

(8B)The Minister may direct in relation to any committee of management referred to in subsection (8A) that the provisions of subsection (8) or such one or more than one of those provisions as the Minister specifies shall apply to that committee of management.

(9)The Governor in Council may—

(a)annually appoint a suitably qualified person to audit the accounts of any committee of management and every such person shall be entitled to such remuneration from the committee of management as the Governor in Council determines.

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(9A)This section applies to a committee of management of any land appointed under section 14 where the land in respect of which the committee is appointed is leased by the Minister under section 17CA and the management of the lease is conferred on the committee by the lease, to the extent that it is not inconsistent with the lease.

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15ADelegation of functions, powers or duties of Parks Victoria as committee of management

A committee of management appointed under section 14(1) that is constituted by Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—

(a)a member of Parks Victoria;

(b)a committee, established under the Parks Victoria Act 2018, consisting only of members of Parks Victoria;

(c)the chief executive officer or an employee, or class of employee, of Parks Victoria;

(d)the Secretary;

(e)a person or a class of person employed under the Public Administration Act 2004 in the administration of this Act.

15BDelegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management

A committee of management appointed under section 14 that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—

(a)a member of the Great Ocean Road Coast and Parks Authority;

(b)the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority;

(c)a person or a class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

16Governor in Council may by Order direct that reserved land vest in municipality

(1)Subject to subsection (5) the Governor in Council may on the recommendation of the Minister by Order notified in the Government Gazette direct that any land reserved under section 4 shall vest in any Council on trust for the purposes for which the land has been reserved.

(2)By the same or any subsequent Order the Governor in Council may empower the Council to grant leases or licences for a term not exceeding 21 years of any such vested land for the purposes of the reservation.

(3)A Council shall not grant any lease or licence of land vested in it under this section other than in accordance with an Order under this section.

(4)Land shall not be vested in a Council under this section unless the Minister is of the opinion that the land is used principally for the recreation convenience health or enjoyment of the inhabitants of the area in which the land is situated.

(5)Land reserved for the purpose of the protection of the coastline shall not be vested in a Council under this section.

(6)Any lease or licence granted by a Council under this section may be subject to such covenants conditions reservations and exceptions as the Council thinks fit.

(7)A lease granted by a Council under this section shall be of no force and effect until it is approved by the Governor in Council.

17Powers of trustees or committees of management

(1)The Governor in Council may certify that any land reserved under section 4, other than land reserved for the purpose of the protection of the coastline, shall be land to which the provisions of subsection (2) may apply.

(2)Notwithstanding anything in this Act but subject to any regulations made under section 13 relating to the land concerned the trustees or committee of management of any land certified under subsection (1)—

(a)may grant licences to enter and use any portion of such land or any building thereon for any purpose consistent with the purpose of the reservation of the land for a period not exceeding three years;

(b)may enter into agreements to operate services and facilities consistent with the purpose of the reservation for a period not exceeding three years; and

(c)may enter into tenancy agreements with persons to erect buildings and other structures for any purpose consistent with the purpose of the reservation and any such agreement—

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(ii)shall be for a specific term which shall not exceed three years;

(iii)shall be subject to termination at any time by direction of the Minister; and

(iv)may provide that the committee requires the tenant to undertake the removal of the building and the clearing of the site to the satisfaction of the committee on the expiry or determination of the agreement.

(3)A licence entered into under paragraph (2)(a) or an agreement entered into under paragraph (2)(b) or (2)(c) shall be subject to such terms and conditions as the trustees or committee of management (as the case may be) think fit.

(4)Any building or structure erected on the land pursuant to an agreement of the type referred to in subsection (2) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications.

(5)Any moneys received pursuant to any licence or agreement under subsection (2) shall be applied in accordance with the provisions of section 15(1)(e) or 15(1)(f).

(6)No person or body of persons shall be entitled to receive or shall receive from the Crown any money or consideration in respect of any improvement or any act matter or thing relating to a licence or agreement under subsection (2).

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17AContinuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements

(1)Where, in relation to any land reserved under section 4—

(a)immediately before the commencement of the Crown Land (Reserves) (Amendment) Act 1984—

(i)a person or body habitually used any portion of the land or any building thereon;

(ii)a person or body operated services or facilities on the land; or

(iii)there was a building or structure which had been erected by a person or body on the land;

(b)the land has not been certified under section 17(1), or the use of the land, operation of the services or facilities or erection of the building or structure (as the case may be) is for a purpose not consistent with the purpose of the reservation of the land;

(c)the trustees or committee of management of the land or, where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General certified, before the expiration of one year after the commencement of the Crown Land (Reserves) (Amendment) Act 1984, that the habitual use or operation of services or facilities was occurring immediately before the commencement of that Act, or the building or structure was on the land immediately before the commencement of that Act—

notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management, or where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the Director-General may, with the approval in writing of the Minister, where the Minister so approves the purpose for which the land or building was used or the service or facility operated or the building or structure erected—

(d)grant a licence to the person or body to enter and use that portion of the land or that building for a period not exceeding three years;

(e)enter into an agreement with the person or body to operate the service or facility on the land for a period not exceeding three years; or

(f)enter into a tenancy agreement with the person or body who erected the building or structure—

as the case requires, for the purpose so approved.

(2)Subparagraphs (i) to (iv) of section 17B(1)(c) shall apply to any agreement entered into under paragraph (f) of subsection (1) of this section.

(3)Subsection (1) shall not apply to land reserved under section 4—

(a)which is reserved for a purpose specified in paragraph (l), (m), (n), (o) or (ze) of subsection (1) of section 4 or deemed by subsection (6) of that section to be reserved for the protection of the coastline, unless notice has been given by the Governor in Council under section 10(3) of the Land Conservation Act 1970 of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation;

(b)which is reserved for a purpose specified in paragraph (w) of subsection (1) of section 4 and referred to in a recommendation in respect of the land made under section 5(1)(a) of the Land Conservation Act 1970, notice of which has been given by the Governor in Council under section 10(3) of that Act, as a coastal park, a regional park or a state park, unless the granting of a licence or entering into of an agreement under paragraph (d), (e) or (f) (as the case may be) of subsection (1) is consistent with the recommendation; or

(c)which has been placed under the control and management of an authority pursuant to section 18(1).

17ABGovernor in Council may by Order confer certain leasing and licensing powers to Health Minister

(1)The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the Health Services Act 1988 (Health Minister) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister.

(2)For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management—

(a)the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and

(b)the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject.

(3)For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister—

(a)where the land is managed by trustees or a committee of management—

(i)the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and

(ii)the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D;

(b)where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose.

(4)An Order under subsection (1)—

(a)must be published in the Government Gazette; and

(b)takes effect on publication or a later date specified in the Order.

(5)An Order in Council under subsection (1) must specify—

(a)the land to which the Order applies;

(b)the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister;

(c)the period for which the Order will be in force.

(6)On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease.

(7)The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister.

(8)The committee of management must notify the Department of Environment, Land, Water and Planning of any licence or lease entered into pursuant to a power conferred by an Order under this section.

(9)The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force.

17BLicences for purposes other than those for which land is reserved

(1)Despite anything in this Act and despite any regulations made under section 13 relating to the land concerned, if land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the written approval of the responsible Minister, for any purpose approved by the responsible Minister—

(a)grant licences to enter and use any portion of the land or any building on the land for a period not exceeding 10 years; and

(b)enter into agreements to operate services and facilities on the land for a period not exceeding 10 years; and

(c)enter into tenancy agreements with persons to erect buildings and other structures and any such agreement—

(i)must be for a specific term which must not exceed 10 years; and

(ii)must be subject to termination at any time by direction of the responsible Minister; and

(iii)may provide that the trustees or the committee (as the case may be) requires the tenant to undertake the removal of the building or structure and the clearing of the site to the satisfaction of the trustees or committee on the expiry or termination of the agreement.

(1A)If there are no trustees or committee of management of land reserved under section 4, the responsible Minister may—

The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–256.

Division 6—Pierce Reservoir–Barringo Creek Water Reserve

The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–257.

Division 7—Reservoir A Water Reserve

The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–258.

Division 8—Reservoirs B and C Water Reserve

The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–259.

Part 7—Forest parks

Division 1—Otway Forest Park

The land delineated and coloured pink or coloured yellow on the plans lodged in the Central Plan Office and numbered LEGL./14-056, LEGL./14-057, LEGL./14-058, LEGL./14-059 and LEGL./17-344.

Division 2—Cobboboonee Forest Park

The land delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./15-225 and LEGL./15-226.

═══════════════

ENDNOTES

1   General information

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

The Crown Land (Reserves) Act 1978 was assented to on 19 December 1978 and came into operation on 1 March 1979: Government Gazette 21 February 1979 page 441.

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 Crown Land (Reserves) Act 1978 by Acts and subordinate instruments.

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

Crown Land (Reserves) Act 1978, No. 9212/1978

Assent Date:	19.12.78
Commencement Date:	S. 59(2) inserted on 19.10.06 by No. 57/2006 s. 24: Government Gazette 19.10.06 p. 2221
Note:	S. 59(2) provided that s. 59 expired on 30.06.10
CurrentState:	All of Act in operation

Crown Land (Mineral Springs) Act 1980, No. 9380/1980

Assent Date:	6.5.80
Commencement Date:	1.9.80: Government Gazette 16.7.80 p. 2419
CurrentState:	All of Act in operation

Post-Secondary Education (Amendment) Act 1980, No. 9424/1980

Assent Date:	20.5.80
Commencement Date:	S. 3(2) on 25.6.80: Government Gazette 25.6.80 p. 2121
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Town and Country Planning (Amalgamation) Act 1980, No. 9425/1980

Assent Date:	20.5.80
Commencement Date:	S. 15 on 2.2.81: Government Gazette 30.1.81 p. 311
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: subject to s. 6(2)
CurrentState:	All of Act in operation

Crown Land (Reserves) (Amendment) Act 1981, No. 9551/1981

Assent Date:	19.5.81
Commencement Date:	19.5.81: s. 1(3)
CurrentState:	All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date:	5.1.82
Commencement Date:	S. 23 on 1.7.82: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law Revision (Repeals) Act 1982, No. 9863/1982

Assent Date:	5.1.83
Commencement Date:	5.1.83
CurrentState:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Crown Land (Reserves) (Amendment) Act 1984, No. 10144/1984

Assent Date:	13.11.84
Commencement Date:	13.11.84
CurrentState:	All of Act in operation

Town and Country Planning (Transfer of Functions) Act 1985, No. 10187/1985

Assent Date:	4.7.85
Commencement Date:	All of Act (except ss 5, 6(1), 8(2)) on 1.7.85: s. 2(1); ss 5, 6(1), 8(2) on 1.7.86: Government Gazette 18.6.86 p. 2066
CurrentState:	All of Act in operation

Land Acquisition and Compensation Act 1986, No. 121/1986

Assent Date:	23.12.86
Commencement Date:	29.11.87: Government Gazette 25.11.87 p. 3224
CurrentState:	All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987

Assent Date:	19.5.87
Commencement Date:	Ss 103(Sch. 4 items 9.1–9.21), 116(8) on 1.7.87: Government Gazette 24.6.87 p. 1694
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Planning and Environment Act 1987, No. 45/1987

Assent Date:	27.5.87
Commencement Date:	S. 205(Sch. 2 item 12) on 16.2.88: Government Gazette 10.2.88 p. 218
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Libraries Act 1988, No. 80/1988

Assent Date:	20.12.88
Commencement Date:	24.5.89: Government Gazette 24.5.89 p. 1222
CurrentState:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989 (as amended by No. 13/1990)

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 21.1–21.8, 21.11, 21.12) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 21.9, 21.10 on 3.6.92: Government Gazette 3.6.92 p. 1306
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 (as amended by No. 34/1990)

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

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

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 item 4) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Land (Crown Grants and Reserves) Act 1993, No. 5/1993

Assent Date:	27.4.93
Commencement Date:	9.4.92: s. 2
CurrentState:	All of Act in operation

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

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

Assent Date:	3.11.93
Commencement Date:	S. 40 on 17.1.94: Government Gazette 16.12.93 p. 3317
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Financial Management (Amendment) Act 1994, No. 75/1994

Assent Date:	22.11.94
Commencement Date:	S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2)
CurrentState:	All of Act in operation

Impounding of Livestock Act 1994, No. 89/1994

Assent Date:	6.12.94
Commencement Date:	6.12.94
CurrentState:	All of Act in operation

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

Assent Date:	13.12.94
Commencement Date:	Ss 46–48 on 26.1.95: Government Gazette 26.1.95 p. 163
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Water Industry Act 1994, No. 121/1994

Assent Date:	20.12.94
Commencement Date:	S. 207 on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Coastal Management Act 1995, No. 8/1995

Assent Date:	26.4.95
Commencement Date:	S. 42(1) on 6.7.95: Government Gazette 6.7.95 p. 1698; s 42(2)–(6) on 26.4.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Ports Acts (Amendment) Act 1995, No. 23/1995

Assent Date:	16.5.95
Commencement Date:	Ss 3, 4 on 16.11.95: Government Gazette 16.11.95 p. 3170
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995

Assent Date:	14.6.95
Commencement Date:	S. 16 on 14.6.95: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	S. 58(Sch. 1 item 5) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Electricity Industry (Further Amendment) Act 1996, No. 48/1996

Assent Date:	26.11.96
Commencement Date:	Ss 25–28 on 26.11.96: s. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996

Assent Date:	17.12.96
Commencement Date:	S. 12 on 17.12.96: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997 (as amended by No. 91/1997)

Assent Date:	21.10.97
Commencement Date:	S. 25 on 21.10.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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 Crown Land (Reserves) Act 1978

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 6 on 15.12.98: s. 2(5); Pt 4 (s. 42) on 1.7.99: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 74/2000)

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 15) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	8.11.00
Commencement Date:	S. 51(1) on 15.4.99: s. 2(2); s. 52 on 9.11.00: s. 2(1); ss 48–50, 51(2)(3) on 1.12.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 48 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 31) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 19) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 27) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law (Further Revision) Act 2002, No. 11/2002

Assent Date:	23.4.02
Commencement Date:	S. 3(Sch. 1 item 14) on 24.4.02: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002

Assent Date:	29.10.02
Commencement Date:	Ss 17–19 on 30.10.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 4) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	S. 154 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	16.6.04
Commencement Date:	S. 134 on 17.6.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

National Parks (Additions and Other Amendments) Act 2004, No. 64/2004 (as amended by No. 63/2006)

Assent Date:	12.10.04
Commencement Date:	Ss 25–31, Sch. 2 on 13.10.04: s. 2(1); ss 32, 33 on 27.2.12: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

National Parks (Otways and Other Amendments) Act 2005, No. 60/2005

Assent Date:	20.9.05
Commencement Date:	Ss 21, 22 on 21.9.05: s. 2(1); ss 19, 23–27 on 11.12.05: Government Gazette 8.12.05 p. 2845; s. 20 on 30.6.06: s. 2(4); ss 32, 33 on 24.10.06: Special Gazette (No. 285) 24.10.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 11) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, No. 57/2006

Assent Date:	15.8.06
Commencement Date:	Ss 18, 20, 21, 23, 26(3), 27, Sch. on 16.8.06: s. 2(1); ss 17, 19, 22, 24, 25, 26(1)(2)(4)(5) on 19.10.06: Government Gazette 19.10.06 p. 2221; ss 26(6), 28, 29 on 30.6.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 7) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Crown Land (Reserves) Amendment (Carlton Gardens) Act 2008, No. 14/2008

Assent Date:	23.4.08
Commencement Date:	Ss 3, 4 on 24.4.08: s. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

National Parks and Crown Land (Reserves) Acts Amendment Act 2008, No. 54/2008

Assent Date:	23.9.08
Commencement Date:	Ss 13(1), 15, 18, 21 on 24.9.08: s. 2(1); ss 13(2), 14, 16, 17, 19, 20, 22 on 9.11.08: Government Gazette 6.11.08 p. 2574
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	3.3.09
Commencement Date:	S. 48 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	5.8.09
Commencement Date:	Ss 3(1), 4–14 on 6.8.09: s. 2(1); ss 3(2), 15–17 on 1.7.11: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 41) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	8.12.09
Commencement Date:	S. 25 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 24, 26–32 on 29.6.10: Government Gazette 24.6.10 p. 1274
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009, No. 90/2009

Assent Date:	15.12.09
Commencement Date:	Ss 18–24 on 20.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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 3) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks and Crown Land Legislation (Mount Buffalo) Act 2010, No. 35/2010

Assent Date:	15.6.10
Commencement Date:	S. 15 on 8.7.10: Government Gazette 8.7.10 p. 1518; ss 16–18 on 21.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Climate Change Act 2010, No. 54/2010

Assent Date:	14.9.10
Commencement Date:	S. 78 on 1.7.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Local Government and Planning Legislation Amendment Act 2010, No. 58/2010

Assent Date:	14.9.10
Commencement Date:	Ss 44–47 on 24.9.10: Government Gazette 23.9.10 p. 2186
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 109–112 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 5) on 1.7.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks and Crown Land Legislation Amendment Act 2012, No. 7/2012

Assent Date:	6.3.12
Commencement Date:	Ss 20–24 on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 84 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Forests Amendment Act 2012, No. 46/2012

Assent Date:	21.8.12
Commencement Date:	Ss 14–20 on 1.9.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Justice Legislation Amendment Act 2013, No. 31/2013

Assent Date:	4.6.13
Commencement Date:	S. 4 on 17.4.13: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks and Crown Land Legislation Amendment Act 2013, No. 79/2013

Assent Date:	17.12.13
Commencement Date:	Ss 14, 15 on 18.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Fences Amendment Act 2014, No. 30/2014

Assent Date:	15.4.14
Commencement Date:	S. 12 on 22.9.14: Special Gazette (No. 317) 16.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 42) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 2) on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	12.8.14
Commencement Date:	S. 9 on 1.3.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	S. 35 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 3–10 on 5.8.16: Special Gazette (No. 239) 2.8.16 p. 1; s. 19 on 1.12.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	18.10.16
Commencement Date:	Ss 7–13 on 19.10.16: s. 2
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 28 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 161 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	26.9.17
Commencement Date:	Ss 73‒75 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	24.10.17
Commencement Date:	Ss 9–12 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	29.5.18
Commencement Date:	Ss 10–12 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 86–102 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Marine and Coastal Act 2018, No. 26/2018

Assent Date:	26.6.18
Commencement Date:	S. 90 on 1.8.18: Special Gazette (No. 337) 17.7.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	6.11.19
Commencement Date:	S. 99 on 1.2.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 items 21.1, 21.3, 21.4) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 21.2) on 24.10.20: s. 2(3)(f); s. 390(Sch. 1 item 21.5) on 1.7.21: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	23.6.20
Commencement Date:	Ss 84−87 on 1.12.20: s. 2(2)
CurrentState:	This information relates only to the provisions amending the Crown Land (Reserves) Act 1978

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

Assent Date:	1.12.20
Commencement Date:	Ss 6–29 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; s. 30 on 1.5.21: Special Gazette (No. 189) 27.4.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	19.10.21
Commencement Date:	Ss 47–52 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 3) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 8) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024

Assent Date:	7.5.24
Commencement Date:	Ss 12, 13 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

Assent Date:	25.6.24
Commencement Date:	S. 40 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 Crown Land (Reserves) Act 1978

Melbourne Convention and Exhibition Trust Amendment Act 2024, No. 38/2024

Assent Date:	22.10.24
Commencement Date:	Ss 19, 20 on 5.2.25: Special Gazette (No. 29) 4.2.25 p. 1
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025

Assent Date:	25.11.25
Commencement Date:	Ss 7, 9−26 on 26.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Crown Land (Reserves) Act 1978

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

3   Explanatory details

[1] Ss 25–28:

Heading preceding s. 25 repealed by No. 8/1995 s. 42(6)(e).

S. 25 amended by Nos 10087 s. 3(1)(Sch. 1 item 34), 41/1987 s. 103(Sch. 4 items 9.19, 9.20), repealed by No. 8/1995 s. 42(6)(a).

S. 26(a)–(e) amended by Nos 9425 s. 15, 9551 s. 6, 45/1987 s. 205(Sch. item 12), repealed by No. 8/1995 s. 42(5).

S. 26(f)–(h) repealed by No. 8/1995 s. 42(6)(b).

S. 27 amended by Nos 41/1987 s. 103(Sch. 4 item 9.21), 57/1989 s. 3(Sch. item 47.2), repealed by No. 8/1995 s. 42(6)(c).

S. 28 amended by Nos 9425 s. 15, 45/1987 s. 205(Sch. item 12), repealed by No. 8/1995 s. 42(6)(d).