Marine and Coastal (Prescribed Consents) Regulations 2025 (Vic)

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Version No. 001

Marine and Coastal (Prescribed Consents) Regulations 2025

S.R. No. 70/2025

Version as at


22 July 2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definitions

4Buildings—repair or maintenance

5Buildings—demolition or stabilisation

6Buildings—installation of temporary building for event

7Fences—repair or maintenance

8Fences—installation of temporary fence

9Coastal protection structures—repair or maintenance

10Coastal protection structures—demolition

11Coastal protection structures—installation of temporary coastal protection structure

12Signs—repair, maintenance or replacement

13Signs—installation of temporary sign

14Port facilities

15Jetties, piers and boat ramps

16Aids to navigation—repair, maintenance or replacement

17Aids to navigation—installation

18Swing moorings

19Pathways and roads

20Rail infrastructure

21Public utilities—repair, maintenance or service proving

22Public utilities—restoration

23Management of vegetation

24Artificial opening of estuaries

25Dead animals

26Testing

27Equipment or cameras

28Dead seagrass and dead seaweed

29Traditional owner group agreement

30Temporary beach matting

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 001

Marine and Coastal (Prescribed Consents) Regulations 2025

S.R. No. 70/2025

Version as at


22 July 2025

1Objective

The objective of these Regulations is to set out—

(a)prescribed consents; and

(b)prescribed conditions on a prescribed consent—

to use or develop, or undertake works on, marine and coastal Crown land.

2Authorising provision

These Regulations are made under section 80 of the Marine and Coastal Act 2018.

3Definitions

In these Regulations—

Aboriginal object has the same meaning as in the Aboriginal Heritage Act 2006;

Aboriginal place has the same meaning as in section 5 of the Aboriginal Heritage Act 2006;

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

aid to navigation has the same meaning as in the Navigation Act 2012 of the Commonwealth;

aquaculture site means land or waters on which—

(a)an activity specified in section 43(1) of the Fisheries Act 1995 is undertaken in accordance with an aquaculture licence issued under section 43(2) of that Act; or

(b)an activity specified in section 49(2) of the Fisheries Act 1995 is undertaken in accordance with a general permit issued under section 49 of that Act;

beach matting means matting installed on soft sand to support the movement of—

(a)wheelchairs; or

(b)prams; or

(c)walking and mobility aids;

boat ramp includes any fish cleaning facilities, lighting, pontoons, fishing platforms and car parks with parking for boat trailers that are associated with a boat ramp;

building includes a structure, part of a building or a structure, out-buildings and other appurtenances of a building but does not include any of the following—

(a)a fence;

(b)a coastal protection structure;

(c)a sign;

(d)a port facility;

(e)a jetty, pier or boat ramp;

(f)a public utility;

(g)a vessel within the meaning of the Marine Safety Act 2010;

camera means a camera used for the purposes of monitoring—

(a)sediment dynamics; or

(b)biodiversity; or

(c)invasive species; or

(d)ecosystems; or

(e)habitats in the marine and coastal environment; or

(f)maritime safety;

coastal protection structure means a hard or soft structure designed to protect the coastline but does not include—

(a)a fence; or

(b)a harbour breakwater;

Examples

Examples of coastal protection structures include seawalls, groynes and revetments.

commercial aquaculture equipment has the same meaning as in the Fisheries Act 1995;

durable materials mean materials, fittings and finishes developed specifically for the marine and coastal environment that can tolerate significant usage;

emergencyhas the same meaning as in the Emergency Management Act 2013;

equipment, in regulation 27, includes a monitoring buoy, tide gauge, weather station, service elevation table, beach profile, litter collection trap and acoustic sensor;

event includes carnivals, markets, community events, live entertainment, exhibitions, sporting events and mobile food vendors;

fencehas the same meaning as in the Fences Act 1968;

local porthas the same meaning as in the Port Management Act 1995;

local port manager has the same meaning as in the Marine Safety Act 2010;

managed waterway, in regulation 27, means a waterway managed by a waterway manager;

native vegetation means plants that are indigenous to Victoria including trees, shrubs, herbs and grasses;

park has the same meaning as in the National Parks Act 1975;

pathway has the same meaning as in the Road Management Act 2004;

pipeline means—

(a)a pipeline within the meaning of the Pipelines Act 2005; or

(b)a petroleum pipeline within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010; or

(c)a greenhouse gas pipeline within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010;

port facility includes a berth, slipway, slipway shed, harbour breakwater, port office, port workshop and a car park that is associated with a port facility but does not include any of the following—

(a)a jetty, pier or boat ramp;

(b)an aid to navigation;

(c)a swing mooring;

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

public utility means gas infrastructure, electricity infrastructure, water infrastructure, pipeline infrastructure or telecommunication infrastructure;

public utility provider means an entity that provides a public utility;

Examples

Examples of public utility providers include a gas company within the meaning of the Gas Safety Act 1997, a major electricity company within the meaning of the Electricity Safety Act 1998, an Authority within the meaning of the Water Act 1989, a service provider within the meaning of the Telecommunications Act 1997 of the Commonwealth and a licensee within the meaning of the Pipelines Act 2005 or a licensee within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2010.

rail infrastructure has the same meaning as in the Rail Management Act 1996;

repair, in regulation 18, has the same meaning as in the Road Management Act 2004;

researcher means a person who carries out scientific research on behalf of the Department, a Crown land manager or a research organisation;

responder agency has the same meaning as in the Emergency Management Act 2013;

responsible road authority has the same meaning as in the Road Management Act 2004;

road has the same meaning as in the Road Management Act 2004;

Safe Transport Victoria has the same meaning as in the Transport Integration Act 2010;

service proving includes preliminary investigative works to determine whether a public utility is located underground;

sign includes a structure specifically built to support a sign;

State Wildlife Reserve has the meaning given by section 15(1) of the Wildlife Act 1975;

swing mooring means a device that—

(a)is used to hold a recreational vessel or domestic commercial vessel within the meaning of the Marine Safety Act 2010 in position; and

(b)consists of an anchor and a float on the surface of the water;

testing, in regulation 26, means any of the following—

(a)sediment testing associated with the preparation of a dredging plan;

(b)geotechnical testing;

(c)testing to determine if coastal acid sulphate soils exist;

traditional owner group agreement means—

(a)a natural resource agreement within the meaning of the Traditional Owner Settlement Act 2010; or

(b)an agreement made under Division 2A of Part 6 of the Traditional Owner Settlement Act 2010;

Victorian Fisheries Authority has the same meaning as in the Fisheries Act 1995;

waterway manager has the same meaning as in the Marine Safety Act 2010;

work area means the area of marine and coastal Crown land in relation to which a prescribed consent is given.

4Buildings—repair or maintenance

(1)A person specified in subregulation (2) has a prescribed consent to repair or maintain a building on marine and coastal Crown land if the repair or maintenance—

(a)is within the existing footprint of the building; and

(b)does not increase the size of the building; and

(c)does not involve the excavation of any land that is not associated with the repair or maintenance; and

(d)minimises any damage to the marine and coastal environment; and

(e)uses durable materials; and

(f)does not unreasonably block a pathway or a road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the building is situated;

(b)the holder of a lease of land on which the building is situated under section 134 of the Land Act 1958;

(c)the holder of a lease of land on which the building is situated under section 17D of the Crown Land (Reserves) Act 1978.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the building is completed;

(b)if the repair or maintenance of the building requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

5Buildings—demolition or stabilisation

(1)A person specified in subregulation (2) has a prescribed consent to demolish or stabilise a building on marine and coastal Crown land if the purpose of the demolition or stabilisation is to minimise an immediate risk to—

(a)public health or safety; or

(b)the marine and coastal environment.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the building is situated;

(b)a responder agency;

(c)the holder of a lease of land on which the building is situated under section 134 of the Land Act 1958;

(d)the holder of a lease of land on which the building is situated under section 17D of the Crown Land (Reserves) Act 1978.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the completion of the building's demolition or stabilisation as soon as practicable after the demolition or stabilisation is completed.

6Buildings—installation of temporary building for event

(1)An event organiser has a prescribed consent to install a temporary building on marine and coastal Crown land for the purposes of holding an event if—

(a)the event does not run for more than 48 hours; and

(b)the installation does not remove or damage native vegetation; and

(c)the installation does not involve the excavation of any land that is not associated with the installation; and

(d)the installation minimises any damage to the marine and coastal environment; and

(e)the installation does not unreasonably block a pathway or a road.

(2)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the event must be authorised under—

(i)a local law made under section 71 of the Local Government Act 2020; or

(ii)regulations made under section 13 of the Crown Land (Reserves) Act 1978;

(b)the event organiser must ensure that the work area is left in a clean and tidy condition after the event has ended;

(c)the event organiser must ensure that the temporary building is removed within 24 hours of the end of the event.

7Fences—repair or maintenance

(1)A person specified in subregulation (2) has a prescribed consent to repair or maintain a fence on marine and coastal Crown land if the repair or maintenance—

(a)does not change the alignment of the fence; and

(b)does not involve replacing the fence; and

(c)does not increase the size of the fence; and

(d)does not involve excavation of any land that is not associated with the repair or maintenance; and

(e)minimises any damage to the marine and coastal environment; and

(f)uses durable materials; and

(g)does not unreasonably block a pathway or a road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the fence is situated;

(b)the holder of a lease of land on which the fence is situated under section 134 of the Land Act 1958;

(c)the holder of a lease of land on which the fence is situated under section 17D of the Crown Land (Reserves) Act 1978.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the fence is completed;

(b)if the repair or maintenance of the fence requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

8Fences—installation of temporary fence

(1)A person specified in subregulation (2) has a prescribed consent to install a temporary fence on marine and coastal Crown land if—

(a)the purpose of the installation is to minimise an immediate risk to—

(i)public health or safety; or

(ii)the marine and coastal environment; and

(b)the installation does not involve the excavation of any land that is not associated with the installation; and

(c)the installation minimises any damage to the marine and coastal environment; and

(d)the installation does not unreasonably block a pathway or a road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the temporary fence is to be situated;

(b)a responder agency;

(c)the holder of a lease of land on which the temporary fence is to be situated under section 134 of the Land Act 1958;

(d)the holder of a lease of land on which the temporary fence is to be situated under section 17D of the Crown Land (Reserves) Act 1978;

(e)a port manager responsible for a port facility on the marine and coastal Crown land on which the temporary fence is to be situated;

(f)a port manager or waterway manager responsible for a pier, jetty or boat ramp on the marine and coastal Crown land on which the temporary fence is to be situated.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the installation of the temporary fence is completed;

(b)the person who has a prescribed consent under subregulation (1) must ensure that the temporary fence is removed within 12 months of its installation;

(c)if the installation of the temporary fence requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the installation at least 5 business days before the works commence.

9Coastal protection structures—repair or maintenance

(1)A Crown land manager responsible for marine and coastal Crown land on which a coastal protection structure is situated has a prescribed consent to repair or maintain the coastal protection structure if the repair or maintenance—

(a)does not alter the location of the coastal protection structure; and

(b)does not increase the size of the coastal protection structure; and

(c)does not involve the excavation of any land that is not associated with the repair or maintenance; and

(d)minimises any damage to the marine and coastal environment; and

(e)does not require the installation of an area on the marine and coastal Crown land where tools, materials, equipment or vehicles to be used for the repair or maintenance are temporarily stored; and

(f)uses durable materials; and

(g)does not unreasonably block a pathway or a road.

(2)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the Crown land manager must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the coastal protection structure is completed;

(b)if the repair or maintenance of the coastal protection structure requires the work area to be closed to the public, the Crown land manager must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

10Coastal protection structures—demolition

(1)A Crown land manager responsible for marine and coastal Crown land on which a coastal protection structure is situated has a prescribed consent to demolish the coastal protection structure if—

(a)the Crown land manager is satisfied that—

(i)there is an immediate risk to public health or safety or the marine and coastal environment; and

(ii)the Minister has not given a consent to install the coastal protection structure under section 70 of the Marine and Coastal Act 2018; and

(b)the purpose of the demolition is to minimise the immediate risk referred to in paragraph (a)(i).

(2)It is a prescribed condition of a consent referred to in subregulation (1) that the Crown land manager must give written notice to the Department of the completion of the coastal protection structure's demolition as soon as practicable after the demolition is completed.

11Coastal protection structures—installation of temporary coastal protection structure

(1)A Crown land manager responsible for marine and coastal Crown land has a prescribed consent to install a temporary coastal protection structure on the marine and coastal Crown land if—

(a)the Crown land manager is satisfied that there is an immediate risk to public health or safety or the marine and coastal environment; and

(b)the purpose of the installation is to minimise the immediate risk referred to in paragraph (a).

(2)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the Crown land manager must ensure that the temporary coastal protection structure is installed within 30 days after the Crown land manager's identification of the risk;

(b)the Crown land manager must ensure that the temporary coastal protection structure is removed within 12 months of its installation unless the Crown land manager is given a consent to permanently install the temporary coastal protection structure on the marine and coastal Crown land under Division 2 of Part 7 of the Marine and Coastal Act 2018;

(c)the installation and removal of the temporary coastal protection structure must minimise any damage to the marine and coastal environment;

(d)the Crown land manager must give written notice to the Department of the completion of the installation as soon as practicable after the installation is completed.

12Signs—repair, maintenance or replacement

(1)A person specified in subregulation (2) has a prescribed consent to repair, maintain or replace a sign on marine and coastal Crown land if—

(a)the sign does not advertise any trade or business; and

(b)the repair, maintenance or replacement does not increase the size of the sign; and

(c)in the case of the replacement of a sign, the replacement does not increase the number of signs on the marine and coastal Crown land; and

(d)the repair, maintenance or replacement does not involve excavation of any land that is not associated with the repair, maintenance or replacement; and

(e)the repair, maintenance or replacement minimises any damage to the marine and coastal environment; and

(f)the repair, maintenance or replacement uses durable materials; and

(g)the repair, maintenance or replacement does not unreasonably block a pathway or a road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the sign is situated;

(b)the holder of a lease of land on which the sign is situated under section 134 of the Land Act 1958;

(c)the holder of a lease of land on which the sign is situated under section 17D of the Crown Land (Reserves) Act 1978;

(d)the Victorian Fisheries Authority.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair, maintenance or replacement of the sign is completed.

13Signs—installation of temporary sign

(1)A person specified in subregulation (2) has a prescribed consent to install a temporary sign on marine and coastal Crown land if the purpose of the installation is to minimise an immediate risk to—

(a)public health or safety; or

(b)the marine and coastal environment.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the temporary sign is to be situated;

(b)a responder agency;

(c)the holder of a lease of land on which the temporary sign is to be situated under section 134 of the Land Act 1958;

(d)the holder of a lease of land on which the temporary sign is to be situated under section 17D of the Crown Land (Reserves) Act 1978;

(e)a port manager responsible for a port facility on the marine and coastal Crown land on which the temporary sign is to be situated;

(f)a port manager or waterway manager responsible for a pier, jetty or boat ramp on the marine and coastal Crown land on which the temporary sign is to be situated;

(g)the Victorian Fisheries Authority;

(h)Life Saving Victoria.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the completion of the installation as soon as practicable after the installation is completed.

14Port facilities

(1)A port manager responsible for a port facility on marine and coastal Crown land has a prescribed consent to repair or maintain the port facility if the repair or maintenance—

(a)does not alter the location of the port facility; and

(b)does not increase the size of the port facility; and

(c)does not involve the excavation of any land or seabed that is not associated with the repair or maintenance; and

(d)minimises any damage to the marine and coastal environment; and

(e)uses durable materials; and

(f)does not unreasonably block a pathway or a road.

(2)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the port manager must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the port facility is completed;

(b)if the repair or maintenance of the port facility requires the work area to be closed to the public, the port manager must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

15Jetties, piers and boat ramps

(1)A person specified in subregulation (2) has a prescribed consent to repair or maintain a jetty, pier or boat ramp on marine and coastal Crown land if the repair or maintenance—

(a)is within the existing footprint of the jetty, pier or boat ramp; and

(b)does not alter the location of the jetty, pier or boat ramp; and

(c)does not involve the excavation of any land or seabed that is not associated with the repair or maintenance; and

(d)minimises any damage to the marine and coastal environment; and

(e)uses durable materials; and

(f)does not unreasonably block a pathway or a road.

(2)The following persons are specified—           

(a)a port manager responsible for the jetty, pier or boat ramp;

(b)a waterway manager responsible for the jetty, pier or boat ramp;

(c)a Crown land manager responsible for the marine and coastal Crown land on which the jetty, pier or boat ramp is situated.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the jetty, pier or boat ramp is completed;

(b)if the repair or maintenance of the jetty, pier or boat ramp requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

16Aids to navigation—repair, maintenance or replacement

(1)A person specified in subregulation (2) has a prescribed consent to repair, maintain or replace an existing aid to navigation on marine and coastal Crown land if the repair, maintenance or replacement—

(a)does not increase the size of the existing aid to navigation; and

(b)does not involve the excavation of any seabed or land that is not associated with the repair, maintenance or replacement; and

(c)minimises any damage to the marine and coastal environment.

(2)The following persons are specified—

(a)a port manager responsible for the existing aid to navigation;

(b)a waterway manager responsible for the existing aid to navigation;

(c)a Crown land manager responsible for the marine and coastal Crown land on which the existing aid to navigation is situated;

(d)Safe Transport Victoria;

(e)the Victorian Fisheries Authority.

17Aids to navigation—installation

(1)A person specified in subregulation (2) has a prescribed consent to install a new aid to navigation on marine and coastal Crown land if—

(a)the purpose of the installation is—

(i)to temporarily identify a navigation hazard; or

(ii)to indicate the location of any of the following—

(A)a fisheries reserve declared by an Order made under section 88 of the Fisheries Act 1995;

(B)commercial aquaculture equipment within an aquaculture site that is covered by a lease under section 134 of the Land Act 1958 or a licence under section 17(2)(a) of the Crown Land (Reserves) Act 1978;

(C)an area used for an activity described in section 49(2)(a), (b), (c) or (d) of the Fisheries Act 1995;

(D)a mooring area within the meaning of the Port Management (Local Ports) Regulations 2025;

(E)an activity exclusion zone specified in a notice published in the Government Gazette under section 208(1) or (2) of the Marine Safety Act 2010; and

(b)the installation does not involve the excavation of any seabed or land that is not associated with the installation; and

(c)the installation minimises any damage to the marine and coastal environment; and

(d)the installation does not involve the installation of a fish aggregating device within the meaning of the Sea Installations Act 1987 of the Commonwealth.

(2)The following persons are specified—

(a)a port manager responsible for the new aid to navigation;

(b)a waterway manager responsible for the new aid to navigation;

(c)a Crown land manager responsible for the marine and coastal Crown land on which the new aid to navigation is to be situated;

(d)Safe Transport Victoria;

(e)the Victorian Fisheries Authority.

18Swing moorings

(1)A person specified in subregulation (2) has a prescribed consent to install, repair, maintain or replace a swing mooring on marine and coastal Crown land if—

(a)the swing mooring is situated in any of the following—

(i)inland waters within the meaning of the Marine Safety Regulations 2023[1];

(ii)enclosed waters within the meaning of the Marine Safety Regulations 2023;

(iii)an area subject to a set aside determination under regulation 10(1)(a) or 12(a) of the Port Management (Local Ports) Regulations 2025; and

(b)the installation, repair, maintenance or replacement does not involve the excavation of any seabed that is not associated with the installation, repair, maintenance or replacement; and

(c)the installation, repair, maintenance or replacement minimises any damage to the marine and coastal environment.

(2)The following persons are specified—

(a)a port manager responsible for the swing mooring;

(b)a waterway manager responsible for the swing mooring;

(c)Safe Transport Victoria.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must ensure that the position of the swing mooring in the waterway is clearly marked on the surface of the water as soon as practicable after the installation, repair, maintenance or replacement is completed.

19Pathways and roads

(1)A person specified in subregulation (2) has a prescribed consent to repair or maintain a pathway or road on marine and coastal Crown land if the repair or maintenance—

(a)is within the alignment of the pathway or road; and

(b)does not involve the excavation of any land that is not associated with the repair or maintenance; and

(c)minimises any damage to the marine and coastal environment; and

(d)does not unreasonably block another pathway or road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the pathway or road is situated;

(b)a responder agency;

(c)a responsible road authority responsible for the pathway or road.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the pathway or road is completed;

(b)if the repair or maintenance of the pathway or road requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed repair or maintenance at least 5 business days before the works commence.

(4)This regulation does not apply to a road reserve within the meaning of the Road Management Act 2004 that is wider than 20 metres.

20Rail infrastructure

(1)A person specified in subregulation (2) has a prescribed consent to repair or maintain rail infrastructure on marine and coastal Crown land if the repair or maintenance—

(a)does not involve the excavation of any land that is not associated with the repair or maintenance; and

(b)minimises any damage to the marine and coastal environment; and

(c)does not unreasonably block a pathway or a road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the rail infrastructure is situated;

(b)a rail corporation within the meaning of the Rail Management Act 1996 responsible for the rail infrastructure.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair or maintenance of the rail infrastructure is completed.

21Public utilities—repair, maintenance or service proving

(1)A person specified in subregulation (2) has a prescribed consent to repair, maintain or service prove a public utility on marine and coastal Crown land if the repair, maintenance or service proving—

(a)does not remove or damage native vegetation; and

(b)does not harm an Aboriginal place or an Aboriginal object; and

(c)does not involve the excavation of any land or seabed that is not associated with the repair, maintenance or service proving; and

(d)minimises any damage to the marine and coastal environment; and

(e)does not unreasonably block a pathway or road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the public utility is situated;

(b)a public utility provider responsible for the public utility;

(c)a port manager responsible for the marine and coastal Crown land on which the public utility is situated.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the repair, maintenance or service proving of the public utility is completed;

(b)if the repair, maintenance or service proving of the public utility requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed repair, maintenance or service proving at least 5 business days before the works commence.

22Public utilities—restoration

(1)A person specified in subregulation (2) has a prescribed consent to restore a public utility on marine and coastal Crown land if the public utility has been affected by an emergency.

(2)The following persons are specified—

(a)a public utility provider responsible for the public utility;

(b)a responder agency.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the completion of the restoration as soon as practicable after the restoration is completed.

23Management of vegetation

(1)A person specified in subregulation (2) has a prescribed consent to manage vegetation on marine and coastal Crown land if the management—

(a)does not involve revegetation using plants that are not native vegetation; and

(b)does not involve altering the contours of the marine and coastal Crown land; and

(c)minimises any damage to the marine and coastal environment; and

(d)does not unreasonably block a pathway or road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the vegetation is situated;

(b)a responder agency;

(c)the holder of a lease of land on which the vegetation is situated under section 134 of the Land Act 1958;

(d)the holder of a lease of land on which the vegetation is situated under section 17D of the Crown Land (Reserves) Act 1978.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the management of the vegetation is completed.

(4)For the purposes of this regulation, the management of vegetation includes any of the following—

(a)trimming or pruning vegetation (other than native vegetation) to the extent necessary to improve ecological health or to maintain a pathway, road, fire access track, building, sign or a public utility;

(b)mowing or slashing grass;

(c)the removal of a dangerous tree or tree limb if the tree or tree limb causes a risk to public health or safety;

(d)revegetation using native vegetation;

(e)erosion stabilisation works using native vegetation;

(f)removal of vegetation (other than native vegetation).

24Artificial opening of estuaries

(1)A person authorised to artificially open an estuary under a licence issued under section 67(1) of the Water Act 1989 or by-laws made under section 219 of that Act has a prescribed consent to artificially open an estuary on marine and coastal Crown land if the purpose of the artificial opening is to manage the risk of flooding on the marine and coastal Crown land.

(2)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the estuary's artificial opening as soon as practicable after the artificial opening is completed.

25Dead animals

(1)A person specified in subregulation (2) has a prescribed consent to remove or bury a dead animal on marine and coastal Crown land if—

(a)the dead animal poses a risk to public health or safety; and

(b)the removal or burial uses heavy machinery; and

(c)the removal or burial minimises any damage to the marine and coastal environment; and

(d)the removal or burial does not harm an Aboriginal place or an Aboriginal object.

(2)The following persons are specified—

(a)a responder agency responsible for the removal or burial of dead animals;

(b)the Victorian Fisheries Authority.

(3)It is a prescribed condition of a consent referred to in subregulation (1) that the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the dead animal's removal or burial as soon as practicable after the removal or burial is completed.

26Testing

(1)A person specified in subregulation (2) has a prescribed consent to conduct testing on marine and coastal Crown land if the testing—

(a)does not remove or damage native vegetation; and

(b)does not harm an Aboriginal place or an Aboriginal object; and

(c)is conducted—

(i)manually using hand tools; or

(ii)by drilling narrow diameter holes using an auger, open hole percussion drilling, reverse circulation, air core drilling, rotary air blast drilling or diamond drilling; and

(d)does not involve significant ground disturbance within the meaning of the Aboriginal Heritage Regulations 2018[2] of the marine and coastal Crown land; and

(e)minimises any damage to the marine and coastal environment; and

(f)does not unreasonably block a pathway or road.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land on which the testing is to be conducted;

(b)the Department;

(c)a public utility provider responsible for a public utility on the marine and coastal Crown land on which the testing is to be conducted.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the testing is completed;

(b)at the completion of testing, the person who has a prescribed consent under subregulation (1) must ensure that any holes made in the marine and coastal Crown land due to testing are backfilled to the natural ground level—

(i)with any remaining material not required for testing; or

(ii)if the remaining material is not sufficient to backfill the holes, with nearby comparable materials;

(c)if the person who has a prescribed consent under subregulation (1) is a person specified in subregulation (2)(a) or (c) and the testing requires the work area to be closed to the public, the person must give written notice to the Department of the proposed testing at least 5 business days before the works commence.

27Equipment or cameras

(1)A person specified in subregulation (2) has a prescribed consent to install, operate, maintain, repair or remove equipment or a camera on marine and coastal Crown land if—

(a)in the case of the installation, operation, maintenance or repair of equipment or a camera, the installation, operation, maintenance or repair is for the purpose of scientific research or maritime safety; and

(b)in the case of the installation of equipment or a camera for the purpose of scientific research, the installation is for a period of 12 months or less; and

(c)the installation, operation, maintenance, repair or removal does not remove or damage native vegetation; and

(d)the installation, operation, maintenance, repair or removal does not harm an Aboriginal place or an Aboriginal object; and

(e)the installation, operation, maintenance, repair or removal minimises any damage to the marine and coastal environment; and

(f)the installation, operation, maintenance, repair or removal does not unreasonably block a pathway or a road; and

(g)the installation, operation, maintenance, repair or removal does not impact on the normal use and enjoyment of the marine and coastal Crown land by the public.

(2)The following persons are specified—

(a)a researcher responsible for the equipment or the camera;

(b)Safe Transport Victoria.

(3)A consent referred to in subregulation (1) is subject to the following prescribed conditions—

(a)in the case of the installation, operation, maintenance, repair or removal of equipment that is situated in a local port, the person who has a prescribed consent under subregulation (1) must obtain the written approval of the local port manager before the installation, operation, maintenance, repair or removal commences;

(b)in the case of the installation, operation, maintenance, repair or removal of equipment that is situated in a managed waterway, the person who has a prescribed consent under subregulation (1) must obtain the written approval of the waterway manager before the installation, operation, maintenance, repair or removal commences;

(c)in the case of the installation, operation, maintenance, repair or removal of water‑based equipment that is situated outside of a managed waterway or local port, the person who has a prescribed consent under subregulation (1) must obtain the written approval of the Director, Safe Transport Victoria before the installation, operation, maintenance, repair or removal commences;

(d)in the case of the installation, operation, maintenance, repair or removal of equipment that is fixed to a building or fence, the person who has a prescribed consent under subregulation (1) must obtain the written approval of the owner of the building or fence before the installation, operation, maintenance, repair or removal commences;

(e)the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the installation, operation, maintenance, repair or removal is completed;

(f)if the installation, operation, maintenance, repair or removal requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the proposed installation, operation, maintenance, repair or removal at least 5 business days before the works commence.

28Dead seagrass and dead seaweed

(1)A Crown land manager responsible for a beach on marine and coastal Crown land has a prescribed consent to remove dead seagrass or dead seaweed from the beach if the removal—

(a)does not remove seagrass or seaweed attached to the sea floor or any substrate; and

(b)is not for a commercial purpose; and

(c)minimises any damage to the marine and coastal environment; and

(d)does not remove seagrass or seaweed in any of the following—

(i)a park;

(ii)any Crown land that is described in Schedule Four to the National Parks Act 1975;

(iii)a State Wildlife Reserve.

(2)A person specified in subregulation (3) has a prescribed consent to remove dead seagrass or dead seaweed that is restricting access to a port facility, jetty, pier or boat ramp on marine and coastal Crown land if the removal—

(a)does not remove seagrass or seaweed attached to the sea floor or any substrate; and

(b)minimises any damage to the marine and coastal environment.

(3)The following persons are specified—

(a)a port manager responsible for the port facility, jetty, pier or boat ramp;

(b)a waterway manager responsible for the jetty, pier or boat ramp;

(c)a Crown land manager responsible for the marine and coastal Crown land on which the port facility, jetty, pier or boat ramp is situated.

29Traditional owner group agreement

An activity carried out under a traditional owner group agreement on marine and coastal Crown land is a prescribed consent if—

(a)the activity is an agreed activity under that agreement; and

(b)the activity is carried out in accordance with that agreement and on land to which that agreement applies.

30Temporary beach matting

(1)A person specified in subregulation (2) has a prescribed consent to install temporary beach matting on a beach on marine and coastal Crown land if—

(a)the installation minimises any damage to the marine and coastal environment; and

(b)the temporary beach matting is not permanently fixed to the beach and can easily be removed.

(2)The following persons are specified—

(a)a Crown land manager responsible for the marine and coastal Crown land;

(b)a lifesaving club responsible for the beach matting.

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ENDNOTES

1   General information

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

The Marine and Coastal (Prescribed Consents) Regulations 2025, S.R. No. 70/2025 were made on 22 July 2025 by the Governor in Council under section 80 of the Marine and Coastal Act 2018, No. 26/2018 and came into operation on 22 July 2025.

The Marine and Coastal (Prescribed Consents) Regulations 2025 will sunset 10 years after the day of making on 22 July 2035 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Marine and Coastal (Prescribed Consents) Regulations 2025 by statutory rules, subordinate instruments and Acts.

3   Explanatory details


[1] Reg. 18(1)(a)(i): S.R. No. 36/2023.

[2] Reg. 26(1)(d): S.R. No. 59/2018.

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