Great Ocean Road and Environs Protection Amendment Act 2021 (Vic)

Great Ocean Road and Environs Protection Amendment Act 2021

No. 42 of 2021

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Great Ocean Road and Environs Protection Act 2020

4Definitions

5Great Ocean Road region

6Great Ocean Road coast and parks

7Great Ocean Road scenic landscapes area

8Minor amendments to approved Great Ocean Road strategic framework plan

9New section 42A inserted

10Object of the Authority

11Section 48 substituted and new sections 48A to 48E inserted

12Lead agency

13New sections 49A, 49B and 49C inserted

14Delegation by the Authority

15Appointment of directors

16New Division 4 of Part 5 inserted

17New Parts 5A, 5B and 5C inserted

18Regulations

18AFurther amendment of section 66

19New section 70A inserted

20Section 71 amended

21New section 71A inserted

22Schedule 1 inserted

Part 3—Amendment of Borrowing and Investment Powers Act 1987

23Schedule 1 amended

Part 4—Amendment of Commissioner for Environmental Sustainability Act 2003

24Definitions

Part 5—Amendment of Conservation, Forests and Lands Act 1987

25Definitions

26Delegation of powers and functions

27Charges and fees

28Amendment of the record

29Section 68 amended

30Section 82AB amended

31Appointment and dismissal of members

32Joint preparation of management plans

33Completion of preparation of management plan

34Making and consideration of submissions

35Agreement to management plan

36Approval of plan by Minister

37Effect of plan

38Delegations to or in relation to Traditional Owner Land Management Boards

39Appointment of authorised officers

40Statement of authorised officer is evidence

41Section 88 amended

42Injunctions

43Parking infringements

44Compensation

45Action for damages

46Schedule 1 amended—statute law revision

Part 6—Amendment of Crown Land (Reserves) Act 1978

47Power to amend or revoke permanent reservations

48Use of reserved land for apiculture

49Power of Secretary to enter into management agreements

50Section 18D amended

51New section 21AD inserted

52New section 34B inserted

Part 7—Amendment of Domestic Animals Act 1994

53Definitions

54Registered dog or cat to have identification marker outside premises

55New section 26A inserted

56New section 72B inserted

57Identity cards for authorised officers

58Entry, search and other powers of authorised officers for some purposes

59Council contracted authorised officers may request name and address, ask questions

60Seizure of dog or cat in certain circumstances

61Power to serve infringement notice

Part 8—Amendment of Forests Act 1958

62Definitions

63Section 6 amended

64Section 18 amended

65Section 18AA amended

66Section 18C heading amended

67Section 18D heading amended

68Section 20 amended

69Working plans for State forests

70Management agreements with Traditional Owner Land Management Boards

71Power to declare land in reserved forests to be a forest park etc.

72Grant of tour operator licence

73Application for tour operator licence

74Tour operator licence conditions

75Variation of tour operator licence

76Suspension of tour operator licence

77Making submissions on suspension

78Cancellation of tour operator licence

79Proclamation of protected forests

80Declaration of protected public lands

81Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires

82Immunity provision

83Restriction on dealings by authorised officers

84New section 106 inserted

Part 9—Amendment of Land Act 1958

85Definitions

86Definitions

87Management agreements with Traditional Owner Land Management Boards

88Grant of tour operator licence

89Application for tour operator licence

90Tour operator licence conditions

91Variation of licence to operate as activity provider or tour operator on Crown land

92Suspension of tour operator licence

93Making submissions on suspension

94Cancellation of tour operator licence

95Land over which bee site licence may be granted

96Offences

97New section 419 inserted

Part 10—Amendment of Local Government Act 1989

98Definitions

99New section 224B inserted

Part 11—Amendment of Local Government Act 2020

100Definitions

101New section 7A inserted

Part 12—Amendment of National Parks Act 1975

102Definitions

103Management agreements with Traditional Owner Land Management Boards

104New Part IIA inserted

105National parks and State parks

106Marine national parks and marine sanctuaries

107Other parks

108Management of land prior to its reservation

109Management agreements with Trust for Nature

110Minister may make management agreements with public authorities

111Leasing and managing of land adjacent to parks

112Section 20 amended

113Section 20B amended

114Section 20C amended

115Section 21 amended

116Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries

117Rights of public authorities in respect of parks

118Section 27BB amended

119Section 27BC amended

120Grant of tour operator licence

121Application for tour operator licence

122Tour operator licence conditions

123Variation of tour operator licence

124Suspension of tour operator licence

125Making submissions on suspension

126Cancellation of tour operator licence

127Glenample Homestead

128Authorities to search for minerals in certain parks

129Rehabilitation works—Great Otway National Park

130 Rents etc. to be paid into the Consolidated Fund

131Annual report

132Section 37 amended

133Section 37AA amended

134Production of identification

135Impounding of livestock

136Evidence

137Regulations

138Glenample Homestead

Part 13—Amendment of Water Act 1989

139Issue of new registration licences in certain circumstances—statute law revision

140Preparation of regional waterway strategies

141Annual adjustment of determined amount—statute law revision

142Maintenance of works—statute law revision

Part 14—Amendment of Wildlife Act 1975

143Definitions

144Section 14B amended

145Section 14C amended

146Moneys received paid to Consolidated Fund

147Management agreements with Traditional Owner Land Management Boards

148Review of decisions

149Regulations

Part 15—Consequential amendment of Parks Victoria Act 2018

150Definitions

Part 16—Repeal of this Act

151Repeal of this Act

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Endnotes

1      General information

Great Ocean Road and Environs Protection Amendment Act 2021

No. 42 of 2021

[Assented to 19 October 2021]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The purposes of this Act are—

(a)to amend the Great Ocean Road and Environs Protection Act 2020—

(i)to further provide for the functions and powers of the Great Ocean Road Coast and Parks Authority; and

(ii)to establish the Great Ocean Road Coast and Parks Account; and

(iii)to provide for the transfer of public land management to that Authority; and

(iv)to provide for the revocation of permanent reservations of Crown land and the reservation of that land for different public purposes; and

(v)to make other minor amendments to that Act; and

(b)to make consequential amendments to other Acts.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2022, it comes into operation on that day.

3Principal Act

In this Act, the Great Ocean Road and Environs Protection Act 2020 is called the Principal Act.

Part 2—Amendment of Great Ocean Road and Environs Protection Act 2020

4Definitions

(1)In section 3 of the Principal Act insert the following definitions—

"Great Ocean Road Coast and Parks Account means the Trust Account established under section 62A;

land management plan means a plan made under section 62L, including a plan as amended or varied;

municipal district has the same meaning as in section 3(1) of the Local Government Act 2020;

personal information has the same meaning as in the Privacy and Data Protection Act 2014;

Reservation Order means a Reservation Order made by the Governor in Council under section 62V;

statement of obligations means the statement made under section 62F, including a statement of obligations as amended or varied;".

(2)In section 3 of the Principal Act, in the definition of public land—

(a)for paragraph (f) substitute—

"(f)land owned by the Authority; or

(g)land under the control and management of a responsible entity that is leased to or managed by the Authority under an agreement with the responsible entity;";

(b)omit all words and expressions commencing "but does not include—" and ending "council;".

(3)In section 3 of the Principal Act, in the definition of responsible entity, paragraph (m) is repealed.

5Great Ocean Road region

In section 8(3) of the Principal Act—

(a)in paragraph (b)(v), for "Council." substitute "Council;";

(b)after paragraph (b) insert—

"(c)land on which the Great Ocean Road is situated.".

6Great Ocean Road coast and parks

(1)For section 9(2) of the Principal Act substitute—

"(2)The Minister may only make a recommendation under subsection (1) with the consent of any Minister that administers an Act under which public land is managed, if public land under that Act is within the proposed Great Ocean Road coast and parks.".

(2)In section 9(3) of the Principal Act—

(a)in paragraph (b)(v), for "Council." substitute "Council;";

(b)after paragraph (b) insert—

"(c)land on which the Great Ocean Road is situated.".

7Great Ocean Road scenic landscapes area

(1)In section 10(3) of the Principal Act—

(a)after paragraph (b) insert—

"(ba)land on which the Great Ocean Road is situated;";

(b)in paragraph (c), for "or (b)" substitute ", (b) or (ba)".

(2)In section 10(6) of the Principal Act, in the definition of viewshed, after "application of" insert "best practice".

8Minor amendments to approved Great Ocean Road strategic framework plan

For section 42(1) of the Principal Act substitute—

"(1)The Minister may amend an approved Great Ocean Road strategic framework plan if the Minister is satisfied that—

(a)the amendment is of a minor or technical nature so that compliance with Divisions 1 to 7 (other than section 41) and Division 9 in relation to the amendment is not warranted; or

(b)if the approved Great Ocean Road strategic framework plan applies to any land that is Crown land which is the subject of a joint management plan under Part 8A of the Conservation, Forests and Lands Act 1987 in respect of appointed land under that Part between the Secretary and a Traditional Owner Land Management Board, the amendment is necessary to ensure that the approved Great Ocean Road strategic framework plan is not inconsistent with that joint management plan for the appointed land.".

9New section 42A inserted

After section 42 of the Principal Act insert—

"42A   Procedure for making minor amendments to approved Great Ocean Road strategic framework plan

(1)This section applies if the Minister amends an approved Great Ocean Road strategic framework plan under section 42(1).

(2)The Minister must comply with section 41 and this section in relation to that amendment, but is not otherwise required to comply with the requirements of Divisions 1 to 7 and Division 9 in relation to that amendment.

(3)The Minister must publish notice of the amendment in the Government Gazette.

(4)The amendment takes effect on—

(a)the day on which notice of the amendment is published in the Government Gazette; or

(b)any later date specified in that notice as the day the amendment takes effect.

(5)On or before the 7th sitting day after notice of the amendment is published in the Government Gazette under subsection (3), a copy of the amendment and that notice must be laid before each House of the Parliament.".

10Object of the Authority

In section 47 of the Principal Act—

(a)for "rehabilitate" substitute "enhance";

(b)for "Crown" substitute "public".

11Section 48 substituted and new sections 48A to 48E inserted

For section 48 of the Principal Act substitute—

48Functions of the Authority"

(1)The Authority has the following functions—

(a)to control and manage land in the Great Ocean Road coast and parks for the benefit of the environment and current and future generations and in a manner that—

(i)protects and enhances the land, including its natural and cultural values; and

(ii)provides for the land to be appropriately used, enjoyed and appreciated;

(b)to enforce and ensure compliance with laws applying to land in the Great Ocean Road coast and parks;

(c)if the Authority considers it appropriate in all the circumstances to do so, to facilitate, coordinate and undertake any development of land in the Great Ocean Road coast and parks that is reserved under the Crown Land (Reserves) Act 1978, consistent with the purpose for which the land is reserved;

(d)to coordinate and deliver capital works projects in the Great Ocean Road coast and parks;

(e)to be the lead agency for—

(i)visitation management policy and planning by responsible entities in relation to the Great Ocean Road scenic landscapes area; and

(ii)the development of visitor infrastructure by responsible entities in the Great Ocean Road coast and parks;

(f)to provide visitor services in the Great Ocean Road coast and parks;

(g)to manage visitor facilities and visitor infrastructure in the Great Ocean Road coast and parks;

(h)to provide services for the prevention or suppression of, or recovery from, fire or another emergency under an agreement or arrangement under section 48E;

(i)to inform and educate the community about the benefits of, and threats to, land in the Great Ocean Road coast and parks;

(j)to promote good relations between the Authority and the community;

(k)to provide advice to the Minister, the Department Head and responsible entities on matters relevant to its object or functions;

(l)to do anything that is necessary or convenient to be done for or in connection with or incidental to the achievement of its object;

(m)any other function conferred on the Authority by or under this Act or any other Act.

Note

Other functions of the Authority may include—

(a)acting as a committee of management under the Crown Land (Reserves) Act 1978 or the Forests Act 1958, when appointed as such a committee; and

(b)acting as the port manager of a local port under the Port Management Act 1995, when appointed as such a manager.

(2)For the purposes of subsection (1)(a), controlling and managing land in the Great Ocean Road coast and parks includes but is not limited to—

(a)developing management and other plans and strategies for the land in consultation with the community; and

(b)acknowledging and promoting the knowledge and interests of traditional owners in relation to the land; and

(c)undertaking works, improvements and other activities on the land; and

(d)providing opportunities for the community to enjoy and appreciate the land, and providing facilities, information and services to support that enjoyment and appreciation; and

(e)monitoring, evaluating and reporting on the condition and use of the land; and

(f)conducting, co-ordinating and encouraging research activities relating to the land.

48APowers of the Authority

(1)The Authority has all powers necessary to perform its functions under this Act or any other Act.

(2)Without limiting subsection (1), the Authority, subject to subsection (3), may enter into any agreements, contracts or arrangements in connection with the performance of its functions or the exercise of its powers.

(3)The Authority must not enter into a management agreement in relation to land managed under the National Parks Act 1975 unless the agreement is entered into under section 16D of that Act.

48BPerformance of functions and exercise of powers—general

(1)In performing its functions and exercising its powers, the Authority must—

(a)acknowledge the intrinsic connection of the traditional owners to Country, including by way of suitable representation or involvement of specified Aboriginal parties in relation to the Great Ocean Road coast and parks in policy development, planning, land management and decision-making; and

(b)engage, consult and collaborate with other responsible entities that have responsibility for managing land and the visitor experience within the Great Ocean Road scenic landscapes area; and

(c)have regard to the functions conferred on councils, planning authorities and responsible authorities by the Planning and Environment Act 1987; and

(d)have regard to the functions of public sector bodies, including bodies that have responsibility for the planning and delivery of infrastructure, visitor economy and related services in and around the Great Ocean Road coast and parks; and

(e)strive to achieve State Government policy objectives through coordination between all levels of government, government agencies and with the private sector; and

(f)have regard to the sustainable growth of the visitor economy in the Great Ocean Road region; and

(g)have regard to the Authority's current annual corporate plan and 5-year business strategy; and

(h)engage with local communities in the development of public land management plans and policies that are of particular relevance to those local communities.

(2)The Authority must obtain the approval of the Minister before acquiring or disposing of real property if the value of the property is $5 million or more.

(3)The Authority must publish on its Internet site a report on the outcome of each engagement with a local community.

48CPerformance of functions and exercise of powers—land in the Great Ocean Road coast and parks

(1)In performing its functions and exercising its powers in relation to any area of land in the Great Ocean Road coast and parks, the Authority must—

(a)act consistently with the enactments applying to the management of the land; and

(b)have regard to the environmental carrying capacity of the land.

(2)In performing its function to facilitate, coordinate and undertake any development of land in the Great Ocean Road coast and parks that is reserved under the Crown Land (Reserves) Act 1978, the Authority must ensure that—

(a)the rights and interests of specified Aboriginal parties in relation to the Great Ocean Road coast and parks are protected; and

(b)any development of the land is—

(i)consistent with the environmental, cultural, heritage and social values of that land; and

(ii)within the environmental carrying capacity of the land.

48DObligations of the Authority in relation to the Great Ocean Road region

(1)When performing a function or duty or exercising a power under this Act or any other Act, the Authority—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Authority in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Authority in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the Authority in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

48EFire and other emergencies

(1)The Authority may enter into an agreement or arrangement with the Secretary for the carrying out of services in relation to the prevention or suppression of, or recovery from, fire or another emergency on land in the Great Ocean Road coast and parks in respect of which—

(a)the Secretary has the responsibility for carrying out those services; or

(b)the Secretary has an agreement or arrangement to carry out or to assist in carrying out those services.

(2)An agreement or arrangement may be entered into with the Secretary under subsection (1) whether the services to be provided are in—

(a)Victoria; or

(b)another State or a Territory of the Commonwealth; or

(c)another country.

(3)The Authority may enter into an agreement or arrangement with a person or body (other than the Secretary) for the carrying out of services in relation to the prevention or suppression of, or recovery from, fire or another emergency on land in the Great Ocean Road coast and parks in respect of which—

(a)that person or body has the responsibility for carrying out those services; or

(b)that person or body has an agreement or arrangement to carry out or to assist in carrying out those services.

(4)An agreement or arrangement may be entered into with a person or body under subsection (3) whether the services to be provided are in—

(a)Victoria; or

(b)another State or a Territory of the Commonwealth; or

(c)another country.

(5)The Authority must not enter into an agreement or arrangement under subsection (3) unless the Authority has first obtained the approval of the Minister in writing.

(6)An agreement or arrangement under this section may provide for the use of employees of the Authority for the carrying out of the services provided under the agreement or arrangement.

(7)In this section, a reference to Secretary includes a reference to the Department Head.".

12Lead agency

(1)Section 49(1) of the Principal Act is repealed.

(2)In section 49(2) of the Principal Act—

(a)for "section 48" substitute "sections 48, 48A, 48B, 48C and 48D";

(b)for "as lead agency" substitute "under section 48(1)(e)".

13New sections 49A, 49B and 49C inserted

After section 49 of the Principal Act insert—

49AAuthority may request information or assistance in relation to lead agency function"

(1)For the purposes of performing its function under section 48(1)(e), the Authority, by written notice, may request the following entities to provide the information or assistance specified in the notice—

(a)a public sector body Head within the meaning of the Public Administration Act 2004;

(b)a responsible entity (other than the Authority).

(2)An entity must comply with a request under subsection (1) within a reasonable time after the request.

(3)The Authority must not request personal information under subsection (1) other than the name and address of an owner of land.

(4)The Authority must not use personal information other than to notify, or consult with, landholders in a particular area for the purposes of performing its functions.

49BResponsible entity must consult with Authority before undertaking certain works

(1)If a responsible entity (other than the Authority) is planning the development of visitor facilities or visitor infrastructure in the Great Ocean Road coast and parks, the responsible entity must consult with the Authority before undertaking any development of visitor facilities or visitor infrastructure in the Great Ocean Road coast and parks.

(2)A failure to comply with subsection (1) does not invalidate any act or decision of the responsible entity.

49CAuthority may make guidelines

(1)The Authority may make guidelines for responsible entities in relation to the application of the Great Ocean Road coast and parks protection principles.

(2)On the making of any guidelines under subsection (1), the Authority must publish the guidelines on the Authority's Internet site.".

14Delegation by the Authority

(1)In section 52(1) of the Principal Act, after "power of the Authority" insert "under this Act or any other enactment".

(2)After section 52(1)(c) of the Principal Act insert—

"(ca)Parks Victoria; or

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

(cc)the Secretary; or".

15Appointment of directors

For section 57(4) of the Principal Act substitute—

"(4)The following persons cannot be appointed as a director of the Authority—

(a)a person employed by or on behalf of a responsible entity, including a municipal council;

(b)a person who is on the board or committee of management of a responsible entity, including a Councillor (within the meaning of section 3(1) of the Local Government Act 2020) of a municipal council.

(4A)Subsection (4) does not apply to—

(a)an existing director; or

(b)a nominee from a specified Aboriginal party.".

16New Division 4 of Part 5 inserted

After Division 3 of Part 5 of the Principal Act insert—

"Division 4—The Great Ocean Road Coast and Parks Account

62AEstablishment of Great Ocean Road Coast and Parks Account

There must be established in the Public Account as part of the Trust Fund a Trust Account to be known as the Great Ocean Road Coast and Parks Account.

62BPayments into Great Ocean Coast and Parks Account

(1)There must be paid into the Great Ocean Road Coast and Parks Account—

(a)any licence fee for a tour operator licence collected by the Authority under Part III of the National Parks Act 1975; and

(b)despite any Act or law to the contrary (other than Parts 3 and 4 of the Crown Land (Reserves) Act 1978), any other revenue raised by the Authority that would otherwise be directed to the Consolidated Fund; and

(c)any money received by the Authority that is—

(i)the proceeds from the sale of any real property, including Crown land; or

(ii)a grant or other payment received from the Commonwealth; or

(iii)a donation; and

(d)all money received by or paid to the Authority in respect of the Great Ocean Road coasts and parks or any other land that it manages; and

(e)all money directed or authorised to be paid into the Great Ocean Road Coast and Parks Account by or under this Act, the regulations under this Act or any other Act; and

(f)income or interest received from the investment of money in the Great Ocean Road Coast and Parks Account; and

(g)all money that is appropriated by the Parliament for the purposes of the Great Ocean Road Coast and Parks Account.

(2)In addition, any money standing to the credit of the Great Ocean Road Coast and Parks Account may be invested in any securities that are approved by the Treasurer and any interest derived from those investments must be paid into the Great Ocean Road Coast and Parks Account.

(3)Subsection (2) applies despite any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or law to the contrary.

62CPayments out of Great Ocean Road Coast and Parks Account

(1)Subject to subsection (2), there must be paid out of the Great Ocean Road Coast and Parks Account—

(a)any amounts required for the Authority to carry out its object and functions; and

(b)all money directed or authorised to be paid out of the Great Ocean Road Coast and Parks Account by or under this Act or any other Act; and

(c)money for works or projects of the Authority specified by written direction of the Minister; and

(d)any refund of a licence fee for a tour operator licence under—

(i)Part 3A of the Crown Land (Reserves) Act 1978; or

(ii)the Forests Act 1958; or

(iii)Part I of the Land Act 1958; or

(iv)Part III of the National Parks Act 1975; or

(v)Part IIA of the Wildlife Act 1975.

(2)Money received by the Authority that is the proceeds from the sale of any public land and other real property may only be paid out of the Great Ocean Road Coast and Parks Account for the purchase of public land and other real property.

62DBorrowing, investments and agreements

(1)The Authority has the powers conferred on it by the Borrowing and Investment Powers Act 1987.

(2)The Authority may invest any part of the funds in the Great Ocean Road Coast and Parks Account which are not immediately required for the purposes of the Authority in any manner approved by the Treasurer.

(3)The Authority may enter into arrangements or agreements with any person or body to act as the Authority's agent in the carrying out of the Authority's functions in relation to the Great Ocean Road Coast and Parks Account.

62EClosure of Account

(1)Section 19(4) of the Financial Management Act 1994 does not apply to the Great Ocean Road Coast and Parks Account.

(2)the Great Ocean Road Coast and Parks Account may only be closed by an amendment to this Act.".

17New Parts 5A, 5B and 5C inserted

After Part 5 of the Principal Act insert—

"Part 5A—Land management obligations and planning responsibilities

Division 1—Statements of obligations

62FStatement of obligations

(1)The Minister may make a statement of obligations that sets out the obligations that the Authority has in performing its functions and exercising its powers in relation to—

(a)land controlled and managed by the Authority; and

(b)land managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by the Authority; and

(c)land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 that is managed by the Authority on behalf of the Secretary.

(2)Without limiting subsection (1), a statement of obligations may include provisions in respect of the following—

(a)governance;

(b)guiding principles;

(c)performance standards and outcomes;

(d)matters to be addressed in the land management strategy;

(e)management priorities for any land which the Authority manages;

(f)the implementation of government policies and strategies;

(g)innovation and knowledge sharing;

(h)compliance and enforcement;

(i)collaboration or consultation with other government bodies, traditional owners, non‑government bodies and the community.

Note

Section 41A of the Interpretation of Legislation Act 1984 provides that the power to make an instrument includes the power to repeal, revoke, rescind, amend, alter or vary the instrument in the exercise of that power.

62GProcess for making a statement of obligations

(1)Before making or amending a statement of obligations, the Minister must—

(a)give the Authority notice of the proposal to make or amend the statement of obligations setting out the substance of the proposed statement or amendment; and

(b)give the Authority at least 28 days in which to make written submissions to the Minister on the proposal; and

(c)have regard to any submissions made by the Authority under paragraph (b).

(3)If the Authority advises the Minister that a submission made under subsection (1)(b) will be the only submission made in respect of the proposal, the Minister may make or amend the statement of obligations before the expiry of the 28 day period or any longer period under that subsection.

62HIssuing a statement of obligations

(1)As soon as possible after making or amending a statement of obligations, the Minister must issue the statement as made or amended the Authority.

(2)As soon as possible after revoking a statement of obligations, the Minister must issue the notice of revocation of the statement of obligations to the Authority.

62IPublication of statement of obligations

Within 14 days after a statement of obligations or a notice of revocation of a statement of obligations is issued to the Authority—

(a)the Minister must publish the relevant document in the Government Gazette; and

(b)the Authority must publish the relevant document on the Internet site of the Authority.

62JTaking effect of statement of obligations

A statement of obligations or the revocation of a statement of obligations takes effect when it is published in the Government Gazette.

62KCompliance with statement of obligations

(1)The Authority must comply with a statement of obligations.

(2)The Authority must include a statement in its annual report under section 45 of the Financial Management Act 1994 setting out how it has met its obligations under any statement of obligations.

Division 2—Land management plans

62LLand management plans

(1)The Authority may make a plan setting out the way in which the Authority will manage any area of—

(a)land managed by the Authority; or

(b)land managed by a committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978 or section 50(3) of the Forests Act 1958 constituted by the Authority; or

(c)land that is the subject of an agreement under section 69 of the Conservation, Forests and Lands Act 1987 that is managed by the Authority on behalf of the Secretary.

(2)A land management plan must be consistent with—

(a)legislation under which the land is managed and any other legislation applying to the land; and

(b)policies of the State applying to the land.

(3)For any appointed land of a Traditional Owner Land Management Board that constitutes the whole or a part of land for which a land management plan has been made, the land management plan does not have effect to the extent that a joint management plan is in effect for that land.

(4)This section does not derogate from any requirement in any other Act for the manager of land under that Act to prepare a land management plan (however described) for that land.

Note

Section 41A of the Interpretation of Legislation Act 1984 provides that the power to make an instrument includes the power to repeal, revoke, rescind, amend, alter or vary the instrument in the exercise of that power.

62MProcess for making a land management plan

(1)Before the Authority makes a land management plan, or an amendment of a land management plan, the Authority must—

(a)consult with—

(i)any Minister or public authority whose interests may be affected by the plan; and

(ii)any relevant specified Aboriginal party; and

(b)make a draft of the plan available for inspection by the public for at least 28 days before making the plan; and

(c)publish a notice in a newspaper circulating generally in the State and in a newspaper circulating generally in the area in which the land is situated, setting out where and when the draft can be inspected and inviting public comment by the date specified in the notice; and

(d)publish the draft on the Internet site of the Authority; and

(e)have regard to any submissions made to the Authority on the proposal by the date specified in the notice.

(2)Subsection (1) does not apply to any amendment of a land management plan that is of a machinery, declaratory or minor technical nature.

62NPublication and notice of land management plan

As soon as possible after the Authority makes a land management plan, the Authority must publish—

(a)the plan on the Internet site of the Authority; and

(b)notice of the making of the plan in the Government Gazette.

62OTaking effect of land management plan

A land management plan takes effect when notice of its making is published in the Government Gazette.

62PReview of land management plans

(1)The Authority must review each land management plan for an area of land on or before the 15th anniversary of that plan taking effect.

(2)A review under subsection (1) must commence no later than the end of the 15 year period.

(3)In conducting a review under subsection (1), the Authority must—

(a)consult with—

(i)any Minister or public authority whose interests may be affected by the land management plan; and

(ii)any specified Aboriginal party for any area affected by the plan; and

(iii)the public; and

(b)consider the results of any consultation under paragraph (a).

(4)On completing a review of the land management plan, the Authority may—

(a)revoke the plan and make a new land management plan for the area; or

(b)amend the plan; or

(c)only make amendments of a machinery, declaratory or minor technical nature to the plan.

Part 5B—Land management

62QAppointment of Authority as land manager

(1)Subject to subsection (4), on the recommendation of the Minister and the Minister administering a relevant land management Act, the Governor in Council, by Order published in the Government Gazette, may appoint the Authority as the body that controls and manages any Crown land within the Great Ocean Road coast and parks described in the Order.

(2)On 1 November 2025, the Authority becomes the body that controls and manages any Crown land referred to in Schedule 1 for which the Authority has not been appointed as the body that controls and manages that land, before that date, by—

(a)an order under subsection (1); or

(b)an order under section 16C(1) of the National Parks Act 1975.

(3)If the Authority becomes the body that controls and manages Crown land under subsection (2), on and from 1 November 2025—

(a)the Authority is taken to control and manage that land; and

(b)if an entity other than the Authority was the committee of management for that land immediately before 1 November 2025—

(i)that entity is taken to no longer be the committee of management for that land; and

(ii)the Authority is taken to be appointed as the committee of management for that land.

Note

The Authority may have been appointed committee of management under section 14 of the Crown Land (Reserves) Act 1978, or be taken to be the committee of management for land under section 68, for land referred to in Schedule 1.

(4)Subject to subsection (5), the Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may amend a description of Crown land in Schedule 1.

(5)The Minister must not recommend to the Governor in Council that an Order made under subsection (1) or a description of Crown land in Schedule 1 be amended unless—

(a)the Minister has given the Authority written notice of the proposed amendment; and

(b)the Minister considered any written submissions about the proposed amendment made by the Authority—

(i)within 60 days after notice was given under paragraph (a); or

(ii)any longer period agreed to by the Authority and the Minister; or

(ii)any lesser period agreed to by the Authority; and

(c)the Minister administering the relevant land management Act consents to the proposed amendment.

(6)The Governor in Council, by Order published in the Government Gazette, may amend a description of Crown land in an Order made under subsection (1), or in Schedule 1, if a description of a reserve in the Fifth Schedule to the Crown Land (Reserves) Act 1978 included in the Order is amended by an Act of Parliament.

Note

Section 41A of the Interpretation of Legislation Act 1984 provides that the power to make an instrument includes the power to repeal, revoke, rescind, amend, alter or vary the instrument in the exercise of that power.

(7)In this section—

relevant land management Act means any of the following—

(a)the Crown Land (Reserves) Act 1978;

(b)the Forests Act 1958;

(c)the Land Act 1958;

(d)the Wildlife Act 1975.

62RAuthority may enter road management agreements

The Authority may enter into an agreement or arrangement with the Secretary to the Department of Transport for—

(a)the delivery of works on land managed by the Head, Transport for Victoria (within the meaning of section 3 of the Transport Integration Act 2010) or the Authority, including visitor facilities and infrastructure that are not part of the Great Ocean Road; and

(b)ongoing control and management of assets that are not part of the Great Ocean Road.

62SDiscontinuation or permanent closure of roads

(1)Subject to subsection (3), on the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may discontinue or permanently close an unused government road that is in the Great Ocean Road coast and parks.

(2)An Order under subsection (1) must—

(a)describe the road by reference to a numbered map lodged in the Central Plan Office; and

(b)be published in the Government Gazette.

(3)The Minister must not make a recommendation to the Governor in Council unless the Minister is satisfied that the government road—

(a)has never been in use; or

(b)is no longer required as a road.

(4)On the making of an Order under subsection (1)—

(a)the unused government road referred to in the Order ceases to be a road or part of a road or road reserve; and

(b)all rights, easements and privileges existing or claimed by either the public or any body or person, as incidental to the express or implied grant, or past dedication, or supposed dedication, or any past user or operation of law or otherwise, in relation to the land on which the road referred to in the Order is on, cease.

(5)For the purposes of subsection (1), unused government road includes—

(a)a road within the meaning of section 3(1) of the Land Act 1958; and

(b)an unused road within the meaning of section 3(1) of the Land Act 1958.

62TPublication of land controlled, managed or owned by Authority

The Authority must publish a brief description of all land it controls, manages or owns on its Internet site.

Part 5C—Crown land reservations

62UMinister may recommend Reservation Order be made

(1)On receiving a plan of the relevant land signed by the Surveyor-General, the Minister administering the Crown Land (Reserves) Act 1978 may recommend that the Governor in Council make a Reservation Order if that Minister—

(a)has consulted the Minister; and

(b)considers that the purpose for which the land is to be reserved by the Reservation Order will not provide less environmental protection for the land than the existing reservation; and

(c)has had regard to—

(i)the objects and functions of the Authority; and

(ii)if a Great Ocean Road strategic framework plan has been prepared, any parts of that plan that apply to the Great Ocean Road coast and parks.

(2)Without limiting subsection (1), the Minister administering the Crown Land (Reserves) Act 1978 may include as part of the recommendation a requirement that the relevant land be temporarily reserved land for a public purpose by the Reservation Order if satisfied on reasonable grounds that the original reservation proposed to be revoked is inconsistent with the historic use of the land.

62VReservation Order

(1)Subject to subsection (2), on the recommendation of the Minister administering the Crown Land (Reserves) Act 1978 under section 62U, the Governor in Council, by Reservation Order published in the Government Gazette—

(a)may revoke—

(i)any Order in Council permanently reserving Crown land in the Great Ocean Road coast and parks specified in that Reservation Order; or

(ii)any permanent reservation of Crown land in the Great Ocean Road coast and parks reserved under any Act; and

(b)in relation to the land described in the Reservation Order—

(i)must permanently reserve that land for a different public purpose; or

(ii)if a recommendation under section 62U(2) is made, must temporarily reserve that land for a different public purpose.

(2)A revocation of a reservation by a Reservation Order may be in respect of the whole of the permanent reservation of the land or to the extent specified in the Reservation Order.

(3)A Reservation Order may describe the land it reserves by reference to a plan of land signed by the Surveyor-General and lodged in the Central Plan Office.

(4)A Reservation Order must not be made in relation to land that has already been reserved for any of the following public purposes, however described—

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

(b)the preservation of areas of ecological significance;

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

(d)carbon sequestration in vegetation and soil;

(e)the preservation of species of native plants;

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

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

(h)public parks, gardens and ornamental plantations;

(i)the protection of the coastline;

(j)zoological parks;

(k)a prescribed purpose.

(5)A Reservation Order must not be made in relation to—

(a)the reservation for public purposes of land on the foreshore of Bass Strait and Southern Ocean by Order in Council dated 11 August 1879, published in the Government Gazette dated 15 August 1879, page 2045; or

(b)the reservation for public purposes by Order in Council dated 23 May 1881, published in the Government Gazette dated 27 May 1881, page 1389.

62WConsequences of Reservation Order

(1)On the revocation of a permanent reservation of land by a Reservation Order—

(a)subject to paragraph (e), the land described in the Reservation Order is taken to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests; and

(b)the appointment of any committee of management of that land, other than the Authority, is revoked to the extent that it relates to that land; and

(c)the appointment of any trustee of that land is revoked to the extent that it relates to that land; and

(d)any regulations made under section 13 of the Crown Land (Reserves) Act 1978 are revoked to the extent that they apply to that land; and

(e)for the purposes of section 4(1) of the Crown Land (Reserves) Act 1978, the land reserved by the Reservation Order is taken to be temporarily reserved or permanently reserved as specified in the Reservation Order for the purpose specified in the Reservation Order.

(2)A Reservation Order—

(a)has effect despite anything to the contrary in the Crown Land (Reserves) Act 1978 (in particular section 9, 10 or 11 of that Act) or the Land Act 1958; and

(b)is not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

62XRegistrar of Titles to make amendments necessary for this Act

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part.".

18Regulations

For section 66(1) of the Principal Act substitute—

"(1)The Governor in Council may make regulations for or with respect to—

(a)any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect; and

(b)prescribing fees for parking vehicles in the Great Ocean Road coast and parks, other than parking on land managed under the National Parks Act 1975; and

(c)prescribing tolls, fees and charges for entry of persons, vehicles and animals to land controlled and managed by the Authority under this Act or any other Act, other than—

(i)land managed under the National Parks Act 1975; and

(ii)land reserved under the Crown Land (Reserves) Act 1978; and

(d)prescribing penalties not exceeding 20 penalty units for a contravention of the regulations.".

18AFurther amendment of section 66

After subsection 66(1) of the Principal Act insert—

"(1A)Before regulations are made for the purposes of subsection (1)(b) or (1)(c), the Minister must consider any advice of the Authority in respect of any financial impacts or burdens on local communities of the tolls, fees and charges.".

19New section 70A inserted

After section 70 of the Principal Act insert—

"70A   Transfer of asset management from committees of management

On and after the commencement day, the Authority may enter into an agreement with an entity in relation to the control and management of any assets on land within the municipal district for which that entity was the committee of management appointed under the Crown Land (Reserves) Act 1978.".

20Section 71 amended

(1)After section 71(1) of the Principal Act insert—

"(1A)Any lease granted by a former land manager and in force immediately before the Authority is appointed land manager for the land the subject of the lease under section 62Q or under any other Act is, on that appointment, taken to be a lease granted by the Authority.".

(2)In section 71(2) of the Principal Act, for "lease" substitute "licence".

(3)After section 71(2) of the Principal Act insert—

"(2A)Any licence, permit, consent or authorisation granted by a former land manager and in force immediately before the Authority is appointed land manager for the land the subject of the licence, permit, consent or authorisation under section 62Q or under any other Act is, on that appointment, taken to be a licence, permit, consent or authorisation granted by the Authority.".

(4)After section 71(3) of the Principal Act insert—

"(4)In this section—

former land manager means an entity who, immediately before the Authority is appointed land manager for land under section 62Q or under any other Act, had control or management of that land under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 or the Wildlife Act 1975.".

21New section 71A inserted

After section 71 of the Principal Act insert—

"71A   Transfer of property etc. from old body to Authority

On the commencement of this section—

(a)each old body is abolished; and

(b)the Authority is the successor in law of each old body; and

(c)all rights, property and liabilities of each old body immediately before their abolition become rights, property and liabilities of the Authority; and

(d)the Authority is substituted as a party in any proceeding, agreement or arrangement commenced or made by or against, or in relation to, each old body immediately before their abolition; and

(e)the Authority may continue and complete any other continuing matter or thing commenced, or against, or in relation to, each old body immediately before their abolition.".

22Schedule 1 inserted

After Part 8 of the Principal Act insert—

"Schedule 1—Land management to be transferred to Authority by 1 November 2025

Section 62Q(2)

Item 1—National Parks Act 1975 land

Description of land

Port Campbell National Park

The land in the park described in Part 21 of Schedule Two to the National Parks Act 1975.

Great Otway National Park (part)

The land in that part of the park described in Part 31 of Schedule Two to the National Parks Act 1975 which is within the Great Ocean Road coast and parks, excluding that part of the park that is situated—

(a)  in the Parish of Jan Juc and inland of a line 50 metres inland of the centreline of the Great Ocean Road; and

(b)  in the Parish of Angahook and inland of a line 50 metres inland of the centreline of the Great Ocean Road and north‑east, north or west of the land shown on the plan lodged in the Central Plan Office and numbered N.P. 111E/5 as Lot 1 TP579829; CA 2A; Lot 1 TP579829; the roads adjoining the aforementioned lot; Lot 10 LP77300; Lot 1 LP117892; Lot 18 LP93447; Lots 1 and 2 LP62756; and Lot 1 TP126807.

Bay of Islands Coastal Park

The land in the park described in Part 1A of Schedule Three to the National Parks Act 1975.

Point Addis Marine National Park

The land in the park described in Part 8 of Schedule Seven to the National Parks Act 1975.

Twelve Apostles Marine National Park

The land in the park described in Part 11 of Schedule Seven to the National Parks Act 1975.

Eagle Rock Marine Sanctuary

The land in the park described in Part 3 of Schedule Eight to the National Parks Act 1975.

Marengo Reefs Marine Sanctuary

The land in the park described in Part 5 of Schedule Eight to the National Parks Act 1975.

Merri Marine Sanctuary

The land in the park described in Part 6 of Schedule Eight to the National Parks Act 1975.

Point Danger Marine Sanctuary

The land in the park described in Part 9 of Schedule Eight to the National Parks Act 1975.

The Arches Marine Sanctuary

The land in the park described in Part 11 of Schedule Eight to the National Parks Act 1975.

Glenample Homestead

The land forming part of Crown allotments 5 and 6, Parish of Latrobe subject to the lease granted by Bedburdyck Pty Ltd to the Minister of Public Works [the Crown] dated 26 June 1980.

In item 1 of this Schedule—

park has the same meaning as it has in section 3(1) of the National Parks Act 1975.

Item 2—Crown Land (Reserves) Act 1978 land

All land temporarily or permanently reserved under the Crown Land (Reserves) Act 1978 within the Great Ocean Road coast and parks excluding land within the municipal district of Warrnambool City Council and excluding arterial roads, non-arterial State roads and land reserved for the following public purposes—

(a)drainage and sewerage work; and

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

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

(d)health and social welfare; and

(e)hospitals and institutions or services for any other purposes administered by the Minister administering the Health Services Act 1988; and

(f)cemeteries; and

(g)public halls; and

(h)aerodromes; and

(i)mechanics institutes; and

(j)police purposes; and

(k)rail trails; and

(l)roads.

Item 3—Land Act 1958 land

The unreserved Crown land (including any overlying waters) from the low water mark to the outer limit of the coastal waters of Victoria within the Great Ocean Road coast and parks.

Item 4—Wildlife Act 1975 land

Land within the Great Ocean Road coast and parks that is a State Wildlife Reserve under the Wildlife Act 1975.".

Part 3—Amendment of Borrowing and Investment Powers Act 1987

23Schedule 1 amended

In the table in Schedule 1 to the Borrowing and Investment Powers Act 1987, after item 4B insert—

"5. Great Ocean Road Coast and Parks Authority 5, 8, 10, 11, 12,
13,14, 15, 20 and 21".

Part 4—Amendment of Commissioner for Environmental Sustainability Act 2003

24Definitions

In section 3 of the Commissioner for Environmental Sustainability Act 2003 insert the following definitions—

"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;".

Part 5—Amendment of Conservation, Forests and Lands Act 1987

25Definitions

In section 3(1) of the Conservation, Forests and Lands Act 1987, in paragraph (d) of the definition of land owner, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

26Delegation of powers and functions

(1)After section 11(1)(cb) of the Conservation, Forests and Lands Act 1987 insert—

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

(2)After section 11(2)(da) of the Conservation, Forests and Lands Act 1987 insert—

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

27Charges and fees

(1)In section 28(1) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)for "or Parks Victoria" (where secondly occurring) substitute ", Parks Victoria or the Authority".

(2)In section 28(2) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case requires)".

28Amendment of the record

In section 67C(3)(a) of the Conservation, Forests and Lands Act 1987, for "(1A)" substitute "(1AA)".

29Section 68 amended

(1)In the heading to section 68 of the Conservation, Forests and Lands Act 1987, for "and Parks Victoria" substitute ", Parks Victoria and Great Ocean Road Coast and Parks Authority".

(2)After section 68(1)(a) of the Conservation, Forests and Lands Act 1987 insert—

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

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

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

(3)In section 68(2)(b) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

(4)In section 68(2)(c) of the Conservation, Forests and Lands Act 1987, for "land." substitute "land; and".

(5)After section 68(2)(c) of the Conservation, Forests and Lands Act 1987, insert—

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

30Section 82AB amended

(1)In the heading to section 82AB of the Conservation, Forests and Lands Act 1987, for "and Parks Victoria" substitute ", Parks Victoria and Great Ocean Road Coast and Parks Authority".

(2)After section 82AB(3) of the Conservation, Forests and Lands Act 1987 insert—

"(4)If public land is land in respect of which there is in force a recognition and settlement agreement, the Great Ocean Road Coast and Parks Authority in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement.".

31Appointment and dismissal of members

For section 82M(3A) of the Conservation, Forests and Lands Act 1987 substitute—

"(3A)Before exercising a power under subsection (3)(c), the Secretary must consult with—

(a)Parks Victoria in relation to the Secretary's proposed nomination if the Board will have responsibilities for Parks Victoria managed land; and

(b)the Great Ocean Road Coast and Parks Authority in relation to the Secretary's proposed nomination if the Board will have responsibilities for land controlled and managed by the Authority.".

32Joint preparation of management plans

After section 82PA(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)If a management plan referred to in subsection (1) applies to land that is controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary, in consultation with the Authority, must provide assistance and guidance to the Board to prepare the draft management plan.".

33Completion of preparation of management plan

After section 82PD(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)If a management plan referred to in subsection (1) applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must consult with the Authority—

(a)before agreeing that the plan is completed; and

(b)before and, where necessary, while carrying out consultation and the provision of advice under subsection (2).".

34Making and consideration of submissions

After section 82PF(4) of the Conservation, Forests and Lands Act 1987 insert—

"(5)If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority—

(a)the Secretary must provide the Authority with a copy of any relevant submission received on the draft plan; and

(b)the Secretary must consider each relevant submission received in consultation with the Authority.".

35Agreement to management plan

After section 82PG(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must not agree to the plan unless the Secretary has consulted with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority.".

36Approval of plan by Minister

After section 82PH(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)If a management plan referred to in subsection (1)(b) or (c) applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Secretary must not submit that plan to the Minister for approval unless the Secretary has consulted with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority.".

37Effect of plan

After section 82PI(3) of the Conservation, Forests and Lands Act 1987 insert—

"(4)If a management plan applies to land controlled and managed by the Great Ocean Road Coast and Parks Authority, before responding to the Minister on the proposed revocation of the plan under subsection (2)(b), the Secretary must consult with the Authority about the plan to the extent that it applies to land controlled and managed by the Authority.".

38Delegations to or in relation to Traditional Owner Land Management Boards

After section 82Q(3) of the Conservation, Forests and Lands Act 1987 insert—

"(4)If appointed land of a Traditional Owner Land Management Board is land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Authority, after consultation with the Secretary, by instrument may delegate any of the Authority's functions, powers or duties under the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 or the Wildlife Act 1975 to the Board or an employee of the Board for the purpose of the performance or exercise by the Board or employee of that function, power or duty in the course of carrying out duties relating to the management of the appointed land by the Traditional Owner Land Management Board.".

39Appointment of authorised officers

(1)After section 83(1)(ae) of the Conservation, Forests and Lands Act 1987 insert—

"(af)a specified employee or a specified class of employee of the Great Ocean Road Coast and Parks Authority; or".

(2)After section 83(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)Without limiting subsection (1), the Great Ocean Road Coast and Parks Authority may appoint as authorised officers any employee or class of employee of the Authority for any or all land managed by the Authority.".

(3)In section 83(3) of the Conservation, Forests and Lands Act 1987, after "(1A)" insert "or (1B)".

(4)After section 83(6) of the Conservation, Forests and Lands Act 1987 insert—

"(7)The Great Ocean Road Coast and Parks Authority must give to each authorised officer appointed under subsection (1B) a certificate of appointment stating the relevant law for the purposes of which the person is appointed as an authorised officer and the land or area in respect of which the person is appointed.".

40Statement of authorised officer is evidence

In section 87(b) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

41Section 88 amended

(1)In the heading to section 88 of the Conservation, Forests and Lands Act 1987, after "Parks Victoria" insert "or Great Ocean Road Coast and Parks Authority".

(2)After section 88(1A) of the Conservation, Forests and Lands Act 1987 insert—

"(1B)A certificate signed by the chief executive officer of the Great Ocean Road Coast and Parks Authority to the effect that—

(a)the person referred to in the certificate is an authorised officer appointed by the Authority; or

(b)the person holds an authority issued by the Authority on such terms and conditions as referred to in the certificate or does not hold an authority; or

(c)a road or track on Crown land (including reserved forest) that is land controlled and managed by the Authority, is or is not closed (whether temporarily or permanently) for the purposes of a relevant law—

is evidence of that fact.".

(3)After section 88(2A) of the Conservation, Forests and Lands Act 1987 insert—

"(2B)In any proceeding under a relevant law in respect of land controlled and managed by the Great Ocean Road Coast and Parks Authority and to which the Authority is a party, a certificate signed by the chief executive officer of the Authority as to the value of property or the amount of costs, charges or expenses incurred for the purposes of a relevant law is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.

(2C)The chief executive officer of the Great Ocean Road Coast and Parks Authority must cause a copy of a certificate referred to in subsection (2B) to be served with the charge‑sheet, summons to answer a charge or application in the proceeding.".

(4)After section 88(3A) of the Conservation, Forests and Lands Act 1987 insert—

"(3B)A person cannot bring evidence disputing a statement in a certificate referred to in subsection (2B) in any proceeding under a relevant law unless, at least 3 days before the hearing of the proceeding, the person has served on the Great Ocean Road Coast and Parks Authority written notice that the person intends to bring that evidence.".

42Injunctions

After section 89(2) of the Conservation, Forests and Lands Act 1987 insert—

"(3)In relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Authority may apply to a court of competent jurisdiction for an injunction restraining any person from contravening a relevant law or any condition of a works approval, authority or notice.".

43Parking infringements

(1)In section 94 of the Conservation, Forests and Lands Act 1987—

(a)for "85–90" substitute "86 to 90";

(b)for "Parks Victoria or the," substitute "Parks Victoria, the Great Ocean Road Coast and Parks Authority or the".

(2)In section 94(a) of the Conservation, Forests and Lands Act 1987, for "Parks Victoria land," substitute "Parks Victoria land or land controlled and managed by the Great Ocean Road Coast and Parks Authority,".

(3)After section 94(b) of the Conservation, Forests and Lands Act 1987 insert—

"(ba)land vested in, or belonging to, or under the control of, the Great Ocean Road Coast and Parks Authority; and".

44Compensation

In section 97(1) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria for relevant Parks Victoria land" substitute ", Parks Victoria for relevant Parks Victoria land or the Great Ocean Road Coast and Parks Authority for land controlled and managed by the Authority";

(b)in paragraph (b), for "or Parks Victoria" (where twice occurring) substitute ", Parks Victoria or the Authority";

(c)in paragraph (c), for "or Parks Victoria" substitute ", Parks Victoria or the Authority (as the case requires)";

(d)in paragraph (d), for "or Parks Victoria" substitute ", Parks Victoria or the Authority (as the case requires)".

45Action for damages

(1)In section 98(1) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)for "or Parks Victoria" (where secondly occurring) substitute ", Parks Victoria or the Authority".

(2)In section 98(2) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)for "or Parks Victoria" (where secondly and thirdly occurring) substitute ", Parks Victoria or the Authority".

(3)After section 98(3)(ab) of the Conservation, Forests and Lands Act 1987 insert—

"(ac)property of the Great Ocean Road Coast and Parks Authority;".

(4)In section 98(4) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

(5)In section 98(7) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)for "or Parks Victoria" (where secondly occurring) substitute ", Parks Victoria or the Authority".

(6)In section 98(8)(b) of the Conservation, Forests and Lands Act 1987—

(a)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria" (where secondly occurring) insert "or the Authority".

(7)In section 98(9) of the Conservation, Forests and Lands Act 1987—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)for "or Parks Victoria" (where secondly occurring) substitute ", Parks Victoria or the Authority".

(8)In section 98(10) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria's right" substitute ", Parks Victoria's right or the Great Ocean Road Coast and Parks Authority's right".

(9)In section 98(11) of the Conservation, Forests and Lands Act 1987, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

46Schedule 1 amended—statute law revision

In Schedule 1 to the Conservation, Forests and Lands Act 1987, for "Water Industry Act 1994" substitute "Water Industry Act 1994.".

Part 6—Amendment of Crown Land (Reserves) Act 1978

47Power to amend or revoke permanent reservations

After section 11(3) of the Crown Land (Reserves) Act 1978 insert—

"(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.".

48Use of reserved land for apiculture

In section 17H of the Crown Land (Reserves) Act 1978, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

49Power of Secretary to enter into management agreements

(1)After section 18B(4) of the Crown Land (Reserves) Act 1978 insert—

"(4A)The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (3) in relation to land controlled and managed by the Authority.".

(2)In section 18B(6) of the Crown Land (Reserves) Act 1978—

(a)after paragraph (a) insert—

"(ab)provides for a Traditional Owner Land Management Board to manage any land that is reserved under this Act and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Authority does not have power to control and manage that land, to the extent of the agreement; or";

(b)in paragraph (b), for "agreement." substitute "agreement; or";

(c)after paragraph (b) insert—

"(c)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved under this Act and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Authority does not have power to carry out that function, power or duty, to the extent of the agreement.".

50Section 18D amended

(1)In the heading to section 18D of the Crown Land (Reserves) Act 1978, for "or Parks Victoria" substitute ", Parks Victoria or Great Ocean Road Coast and Parks Authority".

(2)In section 18D(1) of the Crown Land (Reserves) Act 1978—

(a)for "or Parks Victoria" (where first occurring) substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority";

(b)in paragraph (a) and (b), for "or Parks Victoria" substitute ", Parks Victoria or the Authority".

51New section 21AD inserted

Before section 21A of the Crown Land (Reserves) Act 1978 insert—

"21AD   Definition for this Part

In this Part—

land manager, in relation to land in the Great Ocean Road coast and parks on and from 1 July 2023, means the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.".

52New section 34B inserted

After section 34A of the Crown Land (Reserves) Act 1978 insert—

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

Despite the commencement of the Great Ocean Road and Environs Protection Amendment Act 2021, a tour operator licence granted under section 21B before 1 July 2023, which immediately before that date permitted the licence holder to conduct a tour or recreational activity on land in the Great Ocean Road coast and parks, continues to permit the licence holder to conduct that tour or activity on that land on and after that commencement, unless the licence is otherwise varied, suspended or cancelled.".

Part 7—Amendment of Domestic Animals Act 1994

53Definitions

(1)In section 3(1) of the Domestic Animals Act 1994 insert—

"Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;

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

Great Ocean Road Coast and Parks Authority authorised officer means a person appointed under section 72B;".

(2)In section 3(1) of the Domestic Animals Act 1994, in the definition of authorised officer, for "or 72A" substitute ", 72A or 72B".

54Registered dog or cat to have identification marker outside premises

In section 20(2)(f) of the Domestic Animals Act 1994, after "26(2)" insert "or 26A(2)".

55New section 26A inserted

After section 26 of the Domestic Animals Act 1994 insert—

"26A   Dogs and cats found in places specified by the Great Ocean Road Coast and Parks Authority

(1)If a dog or cat is found in a place in respect of which an order under this section has been made in contravention of that order or any terms and conditions of that order, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units for a first offence and 4 penalty units for a second or subsequent offence.

(2)The Great Ocean Road Coast and Parks Authority, by resolution, may make an order under this section which may do all or any of the following—

(a)prohibit the presence of dogs or cats in any public place which is land in the Great Ocean Road coast and parks, other than land administered under the National Parks Act 1975 or the Wildlife Act 1975;

(b)impose all or any of the following conditions on the presence of dogs or cats in any public place which is land in the Great Ocean Road coast and parks, other than land administered under the National Parks Act 1975 or the Wildlife Act 1975—

(i)conditions as to the means of restraint of dogs or cats;

(ii)conditions as to the times at which the presence of dogs or cats is or is not permitted;

(iii)any other conditions that are specified in the order.

(3)If the Authority proposes to make an order under this section in respect of a public place within the meaning of section 3 of the Summary Offences Act 1966, that is on private land, the Authority must obtain the agreement of the owner or occupier of the private land to the order before making the order.

(4)An order made by the Authority under this section must be published—

(a)in the Government Gazette; and

(b)on the website of the Great Ocean Road Coast and Parks Authority; and

(c)in a newspaper circulating in the Great Ocean Road region within the meaning of the Great Ocean Road and Environs Protection Act 2020.

(5)A condition under subsection (2)(b)(i) does not apply to a dog in any of the circumstances listed in section 20(2).".

56New section 72B inserted

After section 72A of the Domestic Animals Act 1994 insert—

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

(2)In section 3(1) of the Local Government Act 1989, the definitions of approved Great Ocean Road strategic framework plan, Great Ocean Road coast and parks protection principles and Great Ocean Road region are repealed.

99New section 224B inserted

After section 224A of the Local Government Act 1989 insert—

"224B   Great Ocean Road Coast and Parks Authority authorised officers to enforce certain local laws

(1)This section applies if a provision of a local law of a Council applies to activity on land in the Great Ocean Road coast and parks or the Great Ocean Road scenic landscapes area.

(2)The Great Ocean Road Coast and Parks Authority may publish a notice in the Government Gazette identifying the provision of the local law and stating that any authorised officer appointed under section 83(1B) of the Conservation, Forests and Lands Act 1987 may enforce that provision.

(3)If the Great Ocean Road Coast and Parks Authority publishes a notice referred to in subsection (2), any authorised officer appointed under section 83(1B) of the Conservation, Forests and Lands Act 1987 may enforce the provision as if the authorised officer was appointed to be an authorised officer under section 224 with respect to the provision.".

Part 11—Amendment of Local Government Act 2020

100Definitions

In section 3(1) of the Local Government Act 2020 insert the following definitions—

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

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 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;".

101New section 7A inserted

After section 7 of the Local Government Act 2020 insert—

7AObligations of Council in relation to Great Ocean Road region"

(1)A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2020, when performing a function or duty or exercising a power under this Act—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.".

Part 12—Amendment of National Parks Act 1975

102Definitions

In section 3(1) of the National Parks Act 1975 insert the following definition—

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

103Management agreements with Traditional Owner Land Management Boards

(1)In section 16A(2) of the National Parks Act 1975, after "Parks Victoria" insert ", or the Great Ocean Road Coast and Parks Authority for land managed under this Act that is controlled and managed by the Great Ocean Road Coast and Parks Authority,".

(2)In section 16A(4) of the National Parks Act 1975—

(a)in paragraph (a)—

(i)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(ii)after "Parks Victoria" (where secondly occurring) insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)";

(b)in paragraph (b)—

(i)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(ii)after "Parks Victoria" (where secondly occurring) insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

104New Part IIA inserted

After Part II of the National Parks Act 1975 insert—

"Part IIA—Great Ocean Road Coast and Parks Authority—land management

16CAppointment of Great Ocean Road Coast and Parks Authority as land manager

(1)The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may appoint the Great Ocean Road Coast and Parks Authority as land manager for any land managed under this Act within the Great Ocean Road coast and parks.

Note

See also section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 and Schedule 1 to that Act.

(2)The Minister may only recommend that the Great Ocean Road Coast and Parks Authority be appointed land manager after receiving approval of that proposed appointment by all other Ministers who—

(a)administer this Act; and

(b)administer the Parks Victoria Act 2018.

(3)On an Order under subsection (1), the Great Ocean Road Coast and Parks Authority has control and management of land for which it is appointed as land manager.

(4)An order under subsection (1) must not be inconsistent with a management agreement under section 16A(1).

16DManagement agreements with Parks Victoria

The Great Ocean Roads Coast and Parks Authority must not enter into a management agreement for or relating to the following unless the agreement is entered into with Parks Victoria on the approval of the Minister and the Minister administering the Parks Victoria Act 2018—

(a)the management of any or all land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by  Order under section 16C(1); or

(b)the carrying out of specified functions, powers or duties in relation to the management of any land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1).

16EGreat Ocean Road Coast and Parks Authority to provide reporting information to Parks Victoria

The Great Ocean Road Coast and Parks Authority must provide Parks Victoria with any information Parks Victoria reasonably requires to comply with section 35.

16FGreat Ocean Road Coast and Parks Authority's performance and exercise of functions and powers

The Great Ocean Road Coast and Parks Authority may only perform a function or exercise a power under this Act to the extent that it relates to the land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager under—

(a)an Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.".

105National parks and State parks

(1)In section 17(2) of the National Parks Act 1975, after "16A(1)" insert ", any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020".

(2)In section 17(5) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(3)After section 17(5) of the National Parks Act 1975 insert—

"(6)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

(7)Despite subsections (2) and (5), Parks Victoria must prepare a plan of management for the Great Otway National Park.

(8)In preparing a plan of management referred to in subsection (7), Parks Victoria must obtain approval from the Great Ocean Road Coast and Parks Authority for any part of the plan related to land managed under this Act for which the Great Ocean Road Coast and Parks Authority is appointed as land manager by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.

(9)Subsection (8) does not prevent Parks Victoria from including a plan of management referred to in subsection (7) as part of a land management plan within the meaning of section 3 of the Parks Victoria Act 2018.".

106Marine national parks and marine sanctuaries

(1)In section 17D(3) of the National Parks Act 1975—

(a)after "16A(1)" insert ", any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020";

(b)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(2)In section 17D(5) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)".

(3)After section 17D(5) of the National Parks Act 1975 insert—

"(6)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.".

107Other parks

(1)In section 18(2) of the National Parks Act 1975—

(a)after "16A(1)" insert ", any Order under section 16C(1), and section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020";

(b)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(2)In section 18(4) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)".

(3)After section 18(4) of the National Parks Act 1975 insert—

"(5)The Great Ocean Road Coast and Parks Authority has the functions and duties referred to in this section in relation to land managed under this Act for which it is appointed as land manager—

(a)by Order under section 16C(1); or

(b)under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020.".

108Management of land prior to its reservation

(1)In section 19AA(1) of the National Parks Act 1975—

(a)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria" (where secondly occurring) insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(2)In section 19AA(2) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

109Management agreements with Trust for Nature

(1)In section 19A(1) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(2)In section 19A(2) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(3)In section 19A(4) of the National Parks Act 1975, for "Parks Victoria" substitute ", Parks Victoria, the Great Ocean Road Coast and Parks Authority,".

110Minister may make management agreements with public authorities

(1)In section 19C(1) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(2)In section 19C(3) of the National Parks Act 1975—

(a)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority";

(b)for "it" substitute "the public authority".

(3)In section 19C(4) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

111Leasing and managing of land adjacent to parks

For section 19E(2) of the National Parks Act 1975 substitute—

"(2)The Minister may direct land leased under subsection (1) to be managed by either of the following, as though it were part of the park to which it is adjacent and were specified in the lease—

(a)Parks Victoria, if the leased land is adjacent to land in a park controlled and managed by Parks Victoria;

(b)the Great Ocean Road Coast and Parks Authority, if the leased land is adjacent to land in a park controlled and managed by the Great Ocean Road Coast and Parks Authority.".

112Section 20 amended

(1)In the heading to section 20 of the National Parks Act 1975, after "Victoria" insert "and Great Ocean Road Coast and Parks Authority".

(2)In section 20(1) of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(3)In section 20(2) of the National Parks Act 1975—

(a)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria" (where secondly, thirdly, fourthly and fifthly occurring) insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)".

113Section 20B amended

(1)In the heading to section 20B of the National Parks Act 1975, for "or Parks Victoria" substitute ", Parks Victoria or Great Ocean Road Coast and Parks Authority".

(2)In section 20B(1) of the National Parks Act 1975—

(a)for "or Parks Victoria," substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority,";

(b)in paragraphs (a) and (b), for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

114Section 20C amended

(1)In the heading to section 20C of the National Parks Act 1975, for "and Parks Victoria" substitute ", Parks Victoria and Great Ocean Road Coast and Parks Authority".

(2)In section 20C(1) of the National Parks Act 1975—

(a)for "or Parks Victoria," substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority,";

(b)in paragraphs (a) and (c), for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

115Section 21 amended

(1)In the heading to section 21 of the National Parks Act 1975, after "Victoria" insert "and Great Ocean Road Coast and Parks Authority".

(2)In section 21(1) of the National Parks Act 1975—

(a)after "Parks Victoria," insert "or the Great Ocean Road Coast and Parks Authority,";

(b)in paragraphs (a) and (b), after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(3)In section 21(1AA) of the National Parks Act 1975—

(a)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority";

(b)in paragraph (b), after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(4)In section 21(2A) of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(5)In section 21(3) of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

116Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries

(1)In section 21A(1) of the National Parks Act 1975, after "Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority".

(2)In section 21A(2) of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

117Rights of public authorities in respect of parks

In section 27 of the National Parks Act 1975—

(a)in subsections (1) and (2), after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)";

(b)in subsection (3)—

(i)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(ii)in paragraph (b), after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)".

118Section 27BB amended

(1)In the heading to section 27BB of the National Parks Act 1975, after "Victoria" insert "or Great Ocean Road Coast and Parks Authority".

(2)In section 27BB of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

119Section 27BC amended

(1)In the heading to section 27BC of the National Parks Act 1975, after "Victoria" insert "or Great Ocean Road Coast and Parks Authority".

(2)In section 27BC of the National Parks Act 1975, after "Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

120Grant of tour operator licence

In section 27D of the National Parks Act 1975, after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority (as the case requires)".

121Application for tour operator licence

For section 27E(1) of the National Parks Act 1975 substitute—

"(1)A person may apply for a tour operator licence to—

(a)Parks Victoria, in relation to a park outside the Great Ocean Road coast and parks; or

(b)the Great Ocean Road Coast and Parks Authority, in relation to a park in the Great Ocean Road coast and parks.".

122Tour operator licence conditions

In section 27G(a) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

123Variation of tour operator licence

(1)In section 27I(1) of the National Parks Act 1975, for "Parks Victoria" substitute "the body that granted the licence (either Parks Victoria or the Great Ocean Road Coast and Parks Authority)".

(2)In section 27I(2) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(3)In section 27I(3) of the National Parks Act 1975, after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority".

(4)In section 27I(4) of the National Parks Act 1975—

(a)after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria's" insert "or the Great Ocean Road Coast and Parks Authority's".

(5)In section 27I(5) of the National Parks Act 1975, after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority".

124Suspension of tour operator licence

In section 27J(1) of the National Parks Act 1975—

(a)for "is" substitute "or the Great Ocean Road Coast and Parks Authority is";

(b)after "Parks Victoria" (where secondly occurring) insert "or the Great Ocean Road Coast and Parks Authority".

125Making submissions on suspension

(1)In section 27K(1) of the National Parks Act 1975, for "Parks Victoria" substitute "the body that granted the licence (either Parks Victoria or the Great Ocean Road Coast and Parks Authority)".

(2)In section 27K(2) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

(3)In section 27K(3) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(4)In section 27K(4) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

126Cancellation of tour operator licence

(1)In section 27L(1) of the National Parks Act 1975, after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority".

(2)In section 27L(2) of the National Parks Act 1975, after "Parks Victoria" (where twice occurring) insert "or the Great Ocean Road Coast and Parks Authority".

(3)In section 27L(4) of the National Parks Act 1975—

(a)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria's" insert "or the Great Ocean Road Coast and Parks Authority's".

(4)In section 27L(5) of the National Parks Act 1975, after "Victoria's" insert "or the Great Ocean Road Coast and Parks Authority's".

127Glenample Homestead

(1)In section 32AA(1) of the National Parks Act 1975—

(a)omit "administering the Planning and Environment Act 1987";

(b)after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(2)After section 32AA(1) of the National Parks Act 1975 insert—

"(1A)On the appointment of the Great Ocean Road Coast and Parks Authority as land manager for land referred to in subsection (1) by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority is taken to be authorised to manage the land under subsection (1).".

(3)In section 32AA(2) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(4)In section 32AA(3) of the National Parks Act 1975, after "Victoria," insert "the Great Ocean Road Coast and Parks Authority,".

128Authorities to search for minerals in certain parks

(1)In section 32D(2) of the National Parks Act 1975—

(a)after "Parks Victoria" insert ", or the Great Ocean Road Coast and Parks Authority (in the case of land in the park described in Part 31 of Schedule Two for which the Great Ocean Road Coast and Parks Authority is appointed land manager by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020,";

(b)in paragraph (a)—

(i)omit "under his hand";

(ii)for "therein" substitute "in the permit".

(2)In section 32D(3) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

129Rehabilitation works—Great Otway National Park

(1)In section 32S(1) of the National Parks Act 1975, after "relevant land" insert "managed by Parks Victoria".

(2)After section 32S(1) of the National Parks Act 1975 insert—

"(1A)The Great Ocean Road Coast and Parks Authority may authorise Alcoa of Australia Limited ACN 004 879 298 to carry out works, on the relevant land managed by the Great Ocean Road Coast and Parks Authority, that are associated with the rehabilitation of the Anglesea coal mine and associated works.".

(3)In section 32S(2) of the National Parks Act 1975, after "(1)" insert "or (1A)".

130Rents etc. to be paid into the Consolidated Fund

(1)After section 33(2A) of the National Parks Act 1975 insert—

"(2B)Subsection (2) does not apply to money received by the Great Ocean Road Coast and Parks Authority.".

(2)In section 33(3)(g)(iia) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

131Annual report

After section 35(1A) of the National Parks Act 1975 insert—

"(1B)A report under subsection (1) must deal with parks for which the Great Ocean Road Coast and Parks Authority has control and management.".

132Section 37 amended

(1)In the heading to section 37 of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

(2)In section 37(1) of the National Parks Act 1975—

(a)after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority";

(b)after "Parks Victoria" (where secondly occurring) insert "or the Great Ocean Road Coast and Parks Authority".

133Section 37AA amended

(1)In the heading to section 37AA of the National Parks Act 1975, after "Parks Victoria" insert "or Great Ocean Road Coast and Parks Authority".

(2)In section 37AA(1) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority".

134Production of identification

In section 38AA(2) of the National Parks Act 1975, for "Victoria." substitute "Victoria, and that is in a form approved by the Great Ocean Road Coast and Parks Authority, for authorised officers appointed by the Great Ocean Road Coast and Parks Authority.".

135Impounding of livestock

In section 41 of the National Parks Act 1975—

(a)after paragraph (a) insert—

"(ab)on land managed by the Great Ocean Road Coast and Parks Authority under section 32AA; or";

(b)for "Parks Victoria, authorised officer or person authorised in writing by Parks Victoria" substitute "Parks Victoria or the Great Ocean Road Coast and Parks Authority, an authorised officer or a person authorised in writing by Parks Victoria or the Great Ocean Road Coast and Parks Authority".

136Evidence

(1)In section 47(1)(b) of the National Parks Act 1975, for "Act—" substitute "Act; or".

(2)After section 47(1)(b) of the National Parks Act 1975 insert—

"(c)a certificate purporting to be signed by the chief executive officer of the Great Ocean Road Coast and Parks Authority certifying the granting or cancellation of, or matters contained in, a licence, permit or determination granted under this Act—".

(3)In section 47(2) of the National Parks Act 1975, after "Parks Victoria" (where first occurring) insert "or the Great Ocean Road Coast and Parks Authority".

(4)In section 47(2)(a) and (b) of the National Parks Act 1975, after "Parks Victoria" insert "or the Great Ocean Road Coast and Parks Authority (as the case may be)".

137Regulations

In section 48(2)(ca) of the National Parks Act 1975, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

138Glenample Homestead

At the end of section 89 of the National Parks Act 1975 insert—

"(2)Despite subsection (1), on and from the appointment of the Great Ocean Road Coast and Parks Authority as land manager for land referred to in section 32AA(1) by Order under section 16C(1) or under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020, any authorisation under section 32AA(1) for the management of land referred to in that section by Parks Victoria, that is in force immediately before that appointment, is taken to be an authorisation for the management of the land by the Great Ocean Road Coast and Parks Authority.".

Part 13—Amendment of Water Act 1989

139Issue of new registration licences in certain circumstances—statute law revision

In section 51AB(6)(b) of the Water Act 1989, for "neccessary" substitute "necessary".

140Preparation of regional waterway strategies

In section 190(3C) of the Water Act 1989, for "Barwon Region Water Corporation, Gippsland and Southern Rural Water Corporation or Wannon Region Water Corporation" substitute "Corangamite Catchment Management Authority or Glenelg Hopkins Catchment Management Authority".

141Annual adjustment of determined amount—statute law revision

In section 232C(2) of the Water Act 1989, for "Statics" substitute "Statistics".

142Maintenance of works—statute law revision

In section 238(1) of the Water Act 1989, for "instal" substitute "install".

Part 14—Amendment of Wildlife Act 1975

143Definitions

(1)In section 3(1) of the Wildlife Act 1975 insert the following definition—

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

(2)In section 3(1) of the Wildlife Act 1975, after paragraph (a) of the definition of land manager insert—

"(ab)for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or".

144Section 14B amended

In the heading to section 14B of the Wildlife Act 1975, for "or Parks Victoria" substitute ", Parks Victoria or the Great Ocean Road Coast and Parks Authority".

145Section 14C amended

In the heading to section 14C of the Wildlife Act 1975, for "and Parks Victoria" substitute ", Parks Victoria and the Great Ocean Road Coast and Parks Authority".

146Moneys received paid to Consolidated Fund

After section 17(1) of the Wildlife Act 1975 insert—

"(2)Despite subsection (1), all money received by the Great Ocean Road Coast and Parks Authority as land manager by way of tolls, fees, rents or charges in respect of any State Wildlife Reserve or Nature Reserve is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the Great Ocean Road and Environs Protection Act 2020.".

147Management agreements with Traditional Owner Land Management Boards

(1)After section 18A(2) of the Wildlife Act 1975 insert—

"(2A)The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to any land in the Great Ocean Road coast and parks.".

(2)After section 18A(4) of the Wildlife Act 1975 insert—

"(4A)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land in a State Wildlife Reserve or Nature Reserve that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land in a State Wildlife Reserve or Nature Reserve that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.".

(3)In section 18A(5) of the Wildlife Act 1975, for "Subsection (4) has" substitute "Subsections (4) and (4A) have".

148Review of decisions

In section 86C(1) of the Wildlife Act 1975, after "Parks Victoria" (where twice occurring) insert ", the Great Ocean Road Coast and Parks Authority".

149Regulations

In section 87(7) of the Wildlife Act 1975, after "Parks Victoria," insert "the Great Ocean Road Coast and Parks Authority,".

Part 15—Consequential amendment of Parks Victoria Act 2018

150Definitions

In section 3 of the Parks Victoria Act 2018, in paragraph (b) of the definition of Parks Victoria managed land, after "Act)" insert "other than land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q(2) of the Great Ocean Road and Environs Protection Act 2020 or section 16C(1) of the National Parks Act 1975".

Part 16—Repeal of this Act

151Repeal of this Act

This Act is repealed on 1 September 2023.

Note

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

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Endnotes

1   General information

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

Minister's second reading speech—

Legislative Assembly: 8 September 2021

Legislative Council: 5 October 2021

The long title for the Bill for this Act was "A Bill for an Act to amend the Great Ocean Road and Environs Protection Act 2020 in relation to land management of the Great Ocean Road coast and parks, to further provide for functions and powers of the Great Ocean Road Coast and Parks Authority, to provide for the transfer of public land management to that Authority, to consequentially amend other Acts and for other purposes."