Heritage Rivers (Further Protection) Act 2006 (Vic)

Heritage Rivers (Further Protection) Act 2006

Act No. 68/2006

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Definitions

4.Management plans

5.New sections 8A, 8B and 8C inserted

8A.Disallowance of management plan or part of a management plan

8B.Effect of disallowance of management plan or part
of a management plan

8C.Notice of disallowance of management plan or part
of a management plan

6.Substitution of section 9

9.Contents of management plans

7.Land and water uses which are not permitted in heritage rivers

8.Land Conservation Council recommendations

9.Regulations

10.Transitional provision

11.Amendment of Schedule 3

12.Amendment of Schedule 4

13.Amendment of Schedule 5

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Endnotes

Heritage Rivers (Further Protection) Act 2006

[Assented to 19 September 2006]

The Parliament of Victoria enacts as follows:

1.Purpose

The main purpose of this Act is to amend the Heritage Rivers Act 1992—

(a)to prohibit the construction in heritage river areas of new impoundments, barriers and structures that impede the passage of water fauna; and

(b)to amend the provisions relating to management plans for heritage river areas and natural catchment areas; and

(c)to make other amendments to that Act.

2.Commencement

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

3.Definitions

(1)In section 3(1) of the Heritage Rivers Act 1992—

(a)insert the following definitions—

' "Catchment Management Authority" means an Authority within the meaning of the Catchment and Land Protection Act 1994;

"impoundment" means an impoundment, barrier or structure that impedes the passage of water fauna;';

(b)in the definition of "Central Plan Office", for "Department of Natural Resources and Environment" substitute "Department of Sustainability and Environment";

(c)in paragraph (c) of the definition of "public land", for "Melbourne and Metropolitan Board of Works" substitute "Melbourne Water Corporation constituted under the Melbourne Water Corporation Act 1992".

(2)Section 3(2) of the Heritage Rivers Act 1992 is repealed.

4.Management plans

(1)For section 8(1) of the Heritage Rivers Act 1992 substitute—

"(1)If requested by the Minister, a managing authority of all or part of a heritage river area or natural catchment area or the Catchment Management Authority for the area, must prepare a management plan in relation to the area, or any part of the area, within the time specified by the Minister that includes the matters specified by the Minister.

(1A)The Minister may request the preparation of a management plan under sub-section (1)—

(a)after consulting the Minister responsible for administering the Act under which the land is controlled or managed or the Catchment Management Authority is established; and

(b)if he or she considers that there is not an existing plan or strategy that adequately addresses the management of the area.".

(2)Section 8(2) of the Heritage Rivers Act 1992 is repealed.

(3)In section 8(4) of the Heritage Rivers Act 1992, after "managing authority" insert "or Catchment Management Authority".

(4)In section 8(5) of the Heritage Rivers Act 1992—

(a)omit "or adopted";

(b)after "Minister" insert ", after consulting the Minister responsible for administering the Act under which the land is controlled or managed or the Catchment Management Authority is established".

(5)In section 8(6) of the Heritage Rivers Act 1992—

(a)after "managing authority" insert

"or Catchment Management Authority";

(b)after "Minister" insert ", after consulting the Minister responsible for administering the Act under which the land is controlled or managed or the Catchment Management Authority is established".

(6)Section 8(7) of the Heritage Rivers Act 1992 is repealed.

(7)In section 8(8) of the Heritage Rivers Act 1992, after "managing authority" insert "or Catchment Management Authority".

(8)Section 8(9) of the Heritage Rivers Act 1992 is repealed.

5.New sections 8A, 8B and 8C inserted

After section 8 of the Heritage Rivers Act 1992 insert—

"8A.Disallowance of management plan or part of a management plan

(1)The power to make, amend or revoke a management plan is subject to disallowance by a House of the Parliament.

(2)On or before the 7th sitting day after notice of the making, amendment or revocation of a management plan has been published in the Government Gazette under section 8(8), a copy of the following document must be laid before each House of the Parliament—

(a)in the case of notice of the making or amendment of a management plan, the plan as made or amended; or

(b)in the case of notice of the revocation of a management plan, the notice of revocation of the plan.

(3)The making, amendment or revocation of a management plan is disallowed in whole or in part if—

(a)a notice of a resolution to disallow the making, amendment or revocation of the management plan is given in a House of the Parliament on or before the 18th sitting day of that House after the management plan or notice of the revocation, as the case requires, is laid before that House; and

(b)the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.

(4)If a House of the Parliament is prorogued or the Legislative Assembly is dissolved, the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

8B.Effect of disallowance of management plan or part of a management plan

If the making, amendment or revocation of a management plan, or part of a management plan, is disallowed by a House of the Parliament, the disallowance has the same effect as a revocation of the making, amendment or revocation of the management plan or part.

8C.Notice of disallowance of management plan or part of a management plan

If the making, amendment or revocation of a management plan, or part of a management plan, is disallowed, the Clerk of the Parliaments must cause notice of the disallowance to be published in the Government Gazette.".

6.Substitution of section 9

For section 9 of the Heritage Rivers Act 1992 substitute—

"9.Contents of management plans

A management plan prepared under section 8 in relation to a heritage river area or a natural catchment area must—

(a)include the matters specified by the Minister under section 8(1); and

(b)be consistent with this Act and any Land Conservation Council recommendations in respect of which notice has been given under section 10(3) of the Land Conservation Act 1970.".

7.Land and water uses which are not permitted in heritage rivers

For section 10(1) of the Heritage Rivers Act 1992 substitute—

"(1)An impoundment must not be constructed or extended in a heritage river area.".

8.Land Conservation Council recommendations

In sections 15(1)(c) and 16(c) of the Heritage Rivers Act 1992, for "a Land Conservation Council recommendation referred to" substitute "a Land Conservation Council recommendation, or part of a recommendation, described".

9.Regulations

(1)In section 18(3) of the Heritage Rivers Act 1992, for "section 6(2) of the Subordinate Legislation Act 1962" substitute "section 23 of the Subordinate Legislation Act 1994".

(2)In section 18(4) of the Heritage Rivers Act 1992, for "Subordinate Legislation Act 1962" substitute "Subordinate Legislation Act 1994".

10.Transitional provision

At the end of section 22 of the Heritage Rivers Act 1992 insert—

"(2)Despite section 10(1), an impoundment that was in existence immediately before the commencement of section 6 of the Heritage Rivers (Further Protection) Act 2006 may be replaced or maintained.".

11.Amendment of Schedule 3

In Schedule 3 to the Heritage Rivers Act 1992, omit Column 1 of the Table.

12.Amendment of Schedule 4

In Schedule 4 to the Heritage Rivers Act 1992—

(a)for the heading to Column 1 of the Table substitute "Heritage River Area"; and

(b)in Column 2 of the Table, in the items relating to Yarra River Heritage Area and Lerderderg River Heritage Area omit "impoundments, artificial barriers, or structures that impede the passage of in‑stream fauna, or".

13.Amendment of Schedule 5

In Schedule 5 to the Heritage Rivers Act 1992, for the heading to Column 1 of the Table substitute "Natural Catchment Area".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 20 July 2006

Legislative Council: 24 August 2006

The long title for the Bill for this Act was "to amend the Heritage Rivers Act 1992 to prohibit the construction in heritage river areas of new impoundments, barriers and structures that impede the passage of water fauna, to amend the provisions relating to management plans for heritage river areas and natural catchment areas in that Act and for other purposes."