Regulatory Legislation Amendment (Reform) Act 2025 (Vic)

Regulatory Legislation Amendment (Reform) Act 2025

No. 14 of 2025

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary

1Purposes
2Commencement

Part 2—Amendment of Adoption Act 1984

Division 1—Disclosure of adoption records in authorised circumstances

3New section 83A inserted

Division 2—Disclosure of adoption information to family members

4New section 97A inserted

Division 3—Discretion not to disclose adoption information in certain circumstances

5New section 90A inserted

Division 4—Access to adoption records kept by Registrar of Births, Deaths and Marriages

6Register of Adoptions not open for search
7New section 79C inserted

Division 5—Consequential amendment of Births, Deaths and Marriages Registration Act 1996

8Registrar's general functions
9Access to Register

Part 3—Amendment of Children, Youth and Families Act 2005

10Secretary may authorise principal officer of Aboriginal agency to act
11New section 637 inserted

Part 4—Amendment of Circular Economy (Waste Reduction and Recycling) Act 2021

12Civil penalty order

Part 5—Amendment of Commissioner for Environmental Sustainability Act 2003

13The Commissioner

Part 6—Amendment of Domestic Animals Act 1994

Division 1—Amendments relating to notifications to Councils and penalties

14Notification of Council
15Notification of Council in relation to menacing dog
16Notifications
17Council to provide information about owners of dangerous, menacing or restricted breed dogs
18New section 44AGA inserted
19Seized dog or cat must be delivered up
20Power to serve infringement notice

Division 2—Other amendments

21New section 5G inserted
22Minister's power to delegate
23New section 58AKA inserted
24New section 63RA inserted
25Minister may declare an organisation to be a declared bird organisation
26Statue law revision

Part 7—Amendment of Electricity Industry Act 2000

27Commission to determine one or more rates for purchases of small renewable energy generation electricity
28Section 40NC repealed
29New section 123 inserted

Part 8—Amendment of Environment Protection Act 2017

30Surrender or revocation of permissions on application
31Registration of prescribed activities
32Liability of owners and drivers of vehicles in relation to littering of waste
33Specified considerations to which Authority must have regard
34Review of refusal to release financial assurance—notice of intention
35Redirection of obligations to officers
36Conditions of office for Governing Board members
37Vacancies, resignations and removal from office
38Proceedings of the Governing Board
39New section 368A inserted

Part 9—Amendment of Essential Services Commission Act 2001

40New section 54IA inserted

Part 10—Amendment of Housing Act 1983

41Schedule 8—Register of Housing Agencies

Part 11—Amendment of Mineral Resources Legislation

Division 1—Mineral Resources (Sustainable Development) Act 1990

42Commencement
43Renewals of licences
44Surrender of licence
45Cancellation of licence
46Prohibition of work near dwellings and certain places and sites
47Compensation agreement
48Determination of compensation disputes

Division 2—Mineral Resources (Sustainable Development) Amendment Act 2023

49Approval of variation of work plan
50Cancellation of an extractive industry work authority
51Section 133 substituted and new section 133A inserted
52New Schedule 10 inserted

Part 12—Amendment of Service Victoria Act 2018

53New section 17 inserted
54Regulations

Part 13—Amendment of Subdivision Act 1988

55Regulations

Part 14—Amendment of Transfer of Land Act 1958

56Registrar's requirements for conveyancing transactions
57Assurance contributions
58New section 108A inserted
59Regulations

Part 15—Amendment of Water Act 1989

60Preparation of corporate plan
61Variation of corporate plan during operation of plan
62Special meetings

Part 16—Repeal of this Act

63Repeal of this Act

═════════════

Endnotes

1 General information

Regulatory Legislation Amendment (Reform) Act 2025

No. 14 of 2025

[Assented to 20 May 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes
The purposes of this Act are—
(a)to amend the Adoption Act 1984 to facilitate access to and the disclosure of information relating to adoptions and to consequentially amend the Births, Deaths and Marriages Registration Act 1996; and

(b)to amend the Children, Youth and Families Act 2005 to further provide for powers of the Secretary to authorise principal officers of Aboriginal agencies; and
(c)to amend the Circular Economy (Waste Reduction and Recycling) Act 2021 to provide for civil penalties for offences relating to risk, consequence and contingency plans and the waste to energy scheme; and
(d)to amend the Commissioner for Environmental Sustainability Act 2003 to allow the Commissioner to engage in employment outside of the Commissioner's duties with the Minister's approval; and
(e)to amend the Domestic Animals Act 1994 to enable voluntary surrender of certain approvals and licences, to require notification of additional information to a Council, to include a time period for deciding applications made by declared bird organisations, to include additional infringement offences and to make minor and technical changes to that Act; and
(f)to amend the Electricity Industry Act 2000—
(i)to reduce the period between the determination of the rate payable for purchases of small renewable energy generation electricity for a particular financial year and the beginning of that financial year; and
(ii)to remove certain reporting requirements of the Minister and relevant licensees; and

(g)to amend provisions of the Environment Protection Act 2017 relating to the revocation of registrations, the deposit of waste from vehicles, the redirection of liability to officers of a body corporate, the release of financial assurances from the Environment Protection Authority and the appointment of members of the Governing Board of that Authority; and
(h)to amend the Essential Services Commission Act 2001 to provide for a period of up to 6 years to commence civil proceedings under Division 1 of Part 7 of that Act; and
(i)to amend the Housing Act 1983 so that registered agencies are no longer required to provide the names and addresses of all financial institutions at which the agency holds accounts and the account numbers of those accounts for the purposes of the Register of Housing Agencies; and
(j)to amend the Mineral Resources (Sustainable Development) Act 1990 and the Mineral Resources (Sustainable Development) Amendment Act 2023—
(i)to ensure that the grounds on which the Minister may cancel an extractive industry work authority are consistent with the grounds on which the Minister may cancel a licence; and
(ii)to require the Minister to exclude confidential or commercially sensitive information from work plans provided to the public under the transitional provisions of the Mineral Resources (Sustainable Development) Act 1990 inserted by the Mineral Resources (Sustainable Development) Amendment Act 2023; and
(iii)to make minor and technical changes; and

(k)to amend the Service Victoria Act 2018 to provide for fees and charges to be imposed for services and products delivered under that Act; and
(l)to amend the Subdivision Act 1988 to further provide for fees payable under that Act and related matters; and
(m)to amend the Transfer of Land Act 1958 to further provide for fees payable under the Act and other related and minor matters; and
(n)to amend the Water Act 1989 in relation to timeframes for submitting Victorian Environmental Water Holder corporate plans and to enable electronic service of notices of special meetings of a water corporation.

2Commencement
(1)This Act, other than Divisions 2, 4 and 5 of Part 2, Division 1 of Part 6 and section 28, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (4), Divisions 2, 4 and 5 of Part 2 and Division 1 of Part 6 come into operation on a day or days to be proclaimed.
(3)Section 28 comes into operation on 1 August 2025.
(4)If a provision referred to in subsection (2) does not come into operation before 4 February 2026, it comes into operation on that day.

PART 2—AMENDMENT OF ADOPTION ACT 1984

Division 1—Disclosure of adoption records in authorised circumstances

3New section 83A inserted
After section 83 of the Adoption Act 1984 insert—
"83A Disclosure of adoption records in authorised circumstances
(1)The Secretary or an agency may disclose an adoption record—
(a)to a court or tribunal in the course of a legal proceeding or pursuant to an order of a court or tribunal; or
(b)to an investigatory entity pursuant to a notice issued by the investigatory entity to produce a specified document or thing to that investigatory entity for the purposes of an investigation or inquiry conducted by that entity; or
(c)in response to a request for information made by an entity that is authorised to request that information by an Act or any other law, if the disclosure is required, authorised or permitted by that Act or law; or
(d)in the prescribed circumstances.

(2)In this section—
adoption record includes the following, to the extent that the record is under the possession or control of the Secretary or the agency—
(a)records and reports referred to in section 83;
(b)records of adoptions referred to in section 85;
(c)information about an adopted person as defined in section 91;
(d)any prescribed information;

investigatory entity means an entity that is authorised by an Act or any other law to require a person to produce a document or thing to the entity.".

Division 2—Disclosure of adoption information to family members

4New section 97A inserted
After section 97 of the Adoption Act 1984 insert—
"97A Secretary may disclose certain information about adoption
(1)On an application under section 96A, the Secretary may disclose the following information to the applicant—
(a)the name and any former name of the adopted person, including the adopted person's name before and after the adoption;
(b)the date of birth of the adopted person;
(c)the name and any former name of each natural parent of the adopted person;
(d)the date of the adoption;
(e)the entity that arranged the adoption.

(2)Section 96A(3) or (4) do not apply to the disclosure of information under subsection (1).
(3)On an application under section 97, the Secretary may disclose the following information to the applicant, if the adopted person is 18 years of age or over or if the adopted person has died—
(a)the name and any former name of the adopted person, including the adopted person's name before and after the adoption;
(b)the date of birth of the adopted person;
(c)the name and any former name of each natural parent of the adopted person;
(d)the date of the adoption;
(e)the entity that arranged the adoption;
(f)any other prescribed information.

(4)Section 97(3) does not apply to the disclosure of information under subsection (3).".

Division 3—Discretion not to disclose adoption information in certain circumstances

5New section 90A inserted
After section 90 of the Adoption Act 1984 insert—
"90A Discretion not to disclose information in certain circumstances
(1)A relevant authority may determine not to disclose information that the relevant authority is otherwise authorised or required to disclose to an applicant under this Part if the relevant authority reasonably believes that the disclosure is likely to—
(a)cause harm to a person who may be identified from the information; or
(b)increase any risk to the safety of a person who may be identified from the information, including a risk to the person's safety from family violence.

(2)If a relevant authority is required under this Part to notify or obtain the agreement of a person (the third party) before disclosing information to an applicant under this Part, the relevant authority may determine not to notify or obtain the agreement of the third party if the relevant authority reasonably believes that giving notice of the application to the third party is likely to—
(a)cause harm to a person who may be identified from the giving of that notice; or
(b)increase any risk to the safety of a person who may be identified from the giving of that notice, including a risk to that person's safety from family violence.

(3)In this section—
family violence has the meaning given by section 5 of the Family Violence Protection Act 2008.".

Division 4—Access to adoption records kept by Registrar of Births, Deaths and Marriages

6Register of Adoptions not open for search
In section 76(1) of the Adoption Act 1984, after "subsection (2)" insert "or section 79C".
7New section 79C inserted
After section 79B of the Adoption Act 1984 insert—
"79C Secretary may request Registrar for access to adoption records
(1)The Registrar, on the Registrar's own initiative or at the request of the Secretary, may—
(a)make the following, or any part of the following, available to the Secretary for inspection or search—
(i)the Register of Adoptions;
(ii)the Adopted Children Register;
(iii)the index referred to in section 75(1);
(iv)any records referred to in section 79A which are in the possession or under the control of the Registrar; or
(b)give the Secretary a copy of, or information contained in, a register or record referred to in paragraph (a).

(2)The Secretary must not use or disclose any information given to the Secretary under subsection (1) other than for the purposes of performing the Secretary's functions or exercising the Secretary's powers under this Act.".

Division 5—Consequential amendment of Births, Deaths and Marriages Registration Act 1996

8Registrar's general functions
After section 6(bb) of the Births, Deaths and Marriages Registration Act 1996 insert—
"(bc)to perform functions given to the Registrar by the Adoption Act 1984; and".

9Access to Register
After section 48(3) of the Births, Deaths and Marriages Registration Act 1996 insert—
"(4)Nothing in this section limits the powers of the Registrar under section 79C of the Adoption Act 1984.".

PART 3—AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

10Secretary may authorise principal officer of Aboriginal agency to act
(1)For section 18(1)(b) of the Children, Youth and Families Act 2005 substitute—
"(b)if the Secretary believes a child or class of children to be an Aboriginal child or Aboriginal children—
(i)that child and any non-Aboriginal child who is a sibling of that child; or
(ii)that class of children and any non‑Aboriginal child who is a sibling of a member of that class of children;".

(2)For section 18(1)(d) of the Children, Youth and Families Act 2005 substitute—
"(d)if an authorisation has been made under this subsection in relation to a child or class of children who the Secretary believes to be an Aboriginal child or Aboriginal children—
(i)a non-Aboriginal child who is a sibling of that child or those children; or
(ii)a class of non-Aboriginal children who are siblings of that child or a member of the class of children who the Secretary believes to be Aboriginal children.".

11New section 637 inserted
Before the Schedules to the Children, Youth and Families Act 2005 insert—
"637 Transitional provision—Regulatory Legislation Amendment (Reform) Act 2025
(1)This section applies if, immediately before the commencement day, a principal officer of an Aboriginal agency was authorised under section 18.
(2)On and after the commencement day—
(a)the principal officer is taken to have been authorised under section 18 as amended by the Regulatory Legislation Amendment (Reform) Act 2025; and
(b)the authorisation continues in effect, subject to its terms and conditions, as if made under section 18 as amended by the Regulatory Legislation Amendment (Reform) Act 2025 until the earliest of the following—
(i)it is revoked by the Secretary under section 18AAA; or
(ii)the protection order in respect of the child who is the subject of the authorisation ceases to be in force; or
(iii)the person who is the subject of the authorisation is no longer a child.

(3)In this section—
commencement day means the day on which section 10 of the Regulatory Legislation Amendment (Reform) Act 2025 comes into operation.".

PART 4—AMENDMENT OF CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021

12Civil penalty order
After item 7 of the table in section 138(1) of the Circular Economy (Waste Reduction and Recycling) Act 2021 insert—

"7A	Section 74D(1) (Responsible entity must comply with CERCC Plan)	120 penalty units	600 penalty units
7B	Section 74D(3) (Responsible entity must notify Head, Recycling Victoria if unable to comply with CERCC Plan)	120 penalty units	600 penalty units
7C	Section 74G(1) (Responsible entity must submit statement of assurance)	120 penalty units	600 penalty units
7D	Section 74H(1) (Responsible entity must comply with RERCC Plan)	120 penalty units	600 penalty units
7E	Section 74H(3) (Responsible entity must notify Head, Recycling Victoria if unable to comply with RERCC Plan)	120 penalty units	600 penalty units
7F	Section 74O(1) (Operator of thermal waste to energy facility must not process permitted waste except as authorised by waste to energy licence)	1000 penalty units	5000 penalty units
7G	Section 74P(1) (Holder of waste to energy licence must comply with licence conditions)	500 penalty units	2500 penalty units
7H	Section 74P(3) (Holder of waste to energy licence must notify Head, Recycling Victoria if unable to comply with licence)	500 penalty units	1800 penalty units
7I	Section 74Q(1) (Operator of thermal waste to energy facility must not process banned waste using waste to energy process)	1000 penalty units	5000 penalty units".

PART 5—AMENDMENT OF COMMISSIONER FOR ENVIRONMENTAL SUSTAINABILITY ACT 2003

13The Commissioner
In section 6(7) of the Commissioner for Environmental Sustainability Act 2003, after "of the Commissioner" insert "unless that employment has been approved by the Minister".

PART 6—AMENDMENT OF DOMESTIC ANIMALS ACT 1994

Division 1—Amendments relating to notifications to Councils and penalties

14Notification of Council
After section 37(2) of the Domestic Animals Act 1994 insert—
"(3)A notice given under subsection (1C)(c) or (2)(ba) must include the new address of the owner.
(4)A notice given under subsection (1C)(d) or (2)(bb) must include the address of the new place at which the dog is kept.
(5)The owner of a dangerous dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).".

15Notification of Council in relation to menacing dog
At the end of section 41D of the Domestic Animals Act 1994 insert—
"(2)A notice given under subsection (1)(ba) must include the new address of the owner.
(3)A notice given under subsection (1)(bb) must include the address of the new place at which the dog is kept.

(4)The owner of a menacing dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).".

16Notifications
(1)After section 41F(1A) of the Domestic Animals Act 1994 insert—
"(1AB)A notice given under subsection (1)(aa) must include the new address of the owner.
(1AC)A notice given under subsection (1)(ab) must include the address of the new place at which the dog is kept.".
(2)After section 41F(2) of the Domestic Animals Act 1994 insert—
"(3)The owner of a restricted breed dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).".

17Council to provide information about owners of dangerous, menacing or restricted breed dogs
In section 44AG of the Domestic Animals Act 1994, for "41D" substitute "41D(1)".

18New section 44AGA inserted
After section 44AG of the Domestic Animals Act 1994 insert—
"44AGA Council to provide information if notified by owner of death of dangerous, menacing or restricted breed dog
A Council must provide to the Secretary the following information within 7 days after receiving a notification from an owner under section 37(5), 41D(4) or 41F(3)—
(a)the number of any prescribed permanent implantation device that was implanted in the dog;
(b)the municipal district in which the dog resided;
(c)the date of the dog's death (if known).".

19Seized dog or cat must be delivered up
At the foot of section 84D(1) of the Domestic Animals Act 1994 insert the following penalty—
"Penalty:5 penalty units.".

20Power to serve infringement notice
(1)In the Table at the foot of section 85(1) of the Domestic Animals Act 1994, in Column 2 opposite the reference to Departmental authorised officer in Column 1, for "41D(b), 41D(ba), 41D(bb)), 41D(c)," substitute "41D(1)(b), 41D(1)(ba), 41D(1)(bb), 41D(1)(c),".
(2)In the Table at the foot of section 85(1) of the Domestic Animals Act 1994, in Column 2 opposite the reference to Council authorised officer in Column 1—

(a)for "29(7)," substitute "29(6), 29(7), 29(8),";
(b)for "39, 41D(b), 41D(ba), 41D(bb), 41D(c)," substitute "39, 40, 41(1), 41D(1)(b), 41D(1)(ba), 41D(1)(bb), 41D(1)(c),";
(c)after "63J(1A)," insert "84D(1), 84DA(2)".

Division 2—Other amendments

21New section 5G inserted
After section 5F of the Domestic Animals Act 1994 insert—
"5G Surrender of approval by holder
(1)The holder of a dog obedience training organisation approval or an applicable organisation approval may by written notice surrender the approval to the Minister for cancellation.
(2)On receipt of the notice the Minister must notify the holder in writing that the dog obedience training organisation approval or applicable organisation approval is cancelled.
(3)The cancellation of the approval takes effect on—
(a)the date the notice is given to the holder; or
(b)any later date specified in the notice.".

22Minister's power to delegate
In section 6(a) of the Domestic Animals Act 1994, for "5E or 5F" substitute "5E, 5F or 5G".

23New section 58AKA inserted
After section 58AK of the Domestic Animals Act 1994 insert—
"58AKA Surrender of commercial dog breeder approval by holder
(1)The holder of a commercial dog breeder approval may by written notice surrender the approval to the Minister for cancellation.
(2)On receipt of the notice the Minister must notify the holder in writing that the commercial dog breeder approval is cancelled.
(3)The cancellation of the commercial dog breeder approval takes effect on—
(a)the date the notice is given to the holder; or
(b)any later date specified in the notice.".

24New section 63RA inserted
After section 63R of the Domestic Animals Act 1994 insert—
"63RA Surrender of animal registry licence by licence holder
(1)The holder of an animal registry licence may by written notice surrender the animal registry licence to the Secretary for cancellation.
(2)On receipt of the notice the Secretary must cancel the animal registry licence and notify the licence holder in writing.
(3)The cancellation of the animal registry licence takes effect on—
(a)the date the notice is given to the licence holder; or
(b)any later date specified in the notice.".

25Minister may declare an organisation to be a declared bird organisation
After section 58T(3) of the Domestic Animals Act 1994 insert—

"(3A)If an application under subsection (1) is made—
(a)by an organisation that is a declared bird organisation; and
(b)at least 60 days before the end of the period specified in the current declaration—

the Minister must decide the application before the end of the period specified in the current declaration.".

26Statue law revision
(1)In section 82B(2)(b) of the Domestic Animals Act 1994 omit "45A,".
(2)In section 84Q(2A) of the Domestic Animals Act 1994 omit "45A,".
(3)In section 84WA of the Domestic Animals Act 1994 omit "45A,".
(4)In the Table at the foot of section 85(1) of the Domestic Animals Act 1994, in Column 2 opposite the reference to Council authorised officer in Column 1 omit "45A(1),".

PART 7—AMENDMENT OF ELECTRICITY INDUSTRY ACT 2000

27Commission to determine one or more rates for purchases of small renewable energy generation electricity
For section 40FBB(2)(a) of the Electricity Industry Act 2000 substitute—
"(a)determined no later than—
(i)the date declared, by Order published in the Government Gazette, for the purposes of this subsection, by the Governor in Council on the recommendation of the Minister; or
(ii)if no date is declared under subparagraph (i), 28 May in the financial year preceding the financial year in which it is to apply; and".

28Section 40NC repealed
Section 40NC of the Electricity Industry Act 2000 is repealed.
29New section 123 inserted
After section 122 of the Electricity Industry Act 2000 insert—
"123 Savings and transitional provisions—Regulatory Legislation Amendment (Reform) Act 2025
(1)Despite the substitution of section 40FBB(2)(a) by section 27 of the amending Act, a determination made under section 40FBB before the commencement of section 27 of the amending Act continues to have effect until a new determination takes effect under section 40FBB.
(2)In this section—
amending Act means the Regulatory Legislation Amendment (Reform) Act 2025.".

PART 8—AMENDMENT OF ENVIRONMENT PROTECTION ACT 2017

30Surrender or revocation of permissions on application
In section 59(10) of the Environment Protection Act 2017, after "subsection (9)" insert "that specifies the date on which the revocation takes effect".
31Registration of prescribed activities
In section 85(3)(b) of the Environment Protection Act 2017, after "section 61" insert "or 59(9)(a)".
32Liability of owners and drivers of vehicles in relation to littering of waste
(1)For section 116(4) of the Environment Protection Act 2017 substitute—
"(4)A Court must not find a person guilty of an offence against section 115(1) or (2) because of the operation of subsection (1) unless the Court is satisfied that—
(a)it is not practicable to discover who deposited the waste that is the subject of the offence; or
(b)it is not possible to file a charge-sheet against the person who deposited the waste; or
(c)it is unlikely that the filing of a charge‑sheet against the person who deposited the waste would result in a finding of guilt.

(4A)A Court must not find a person guilty of an offence against section 115(1), (2), (3) or (4) because of the operation of subsection (1) unless the Court is satisfied that no other person has been found guilty of an offence constituted by the depositing of the waste that is the subject of the offence.".

(2)In section 116(5) of the Environment Protection Act 2017, for "the registered owner or the authorised user of a vehicle is taken to have committed an offence as a result of the operation of subsection (1)" substitute ", as a result of the operation of subsection (1), the registered owner or the authorised user of a vehicle is taken to have committed an offence against section 115(1) or (2)".
33Specified considerations to which Authority must have regard
In section 231G(b) of the Environment Protection Act 2017, after "clean up" insert "that is or may be".
34Review of refusal to release financial assurance—notice of intention
At the end of section 231J of the Environment Protection Act 2017 insert—
"(2)Subsection (1) does not apply if the Authority releases all of a financial assurance on or before the refusal review date.".

35Redirection of obligations to officers
In section 284(1)(b)(i) of the Environment Protection Act 2017, for "the direction" substitute "the environmental action notice or site management order".

36Conditions of office for Governing Board members
(1)For section 364(1)(c) of the Environment Protection Act 2017 substitute—
"(c)subject to subsection (3), is eligible for reappointment; and".

(2)After section 364(2) of the Environment Protection Act 2017 insert—
"(3)A person must not hold office as a member of the Governing Board for a total period of more than 10 years.".

37Vacancies, resignations and removal from office
Section 365(2) and (3) of the Environment Protection Act 2017 are repealed.
38Proceedings of the Governing Board
In section 368(2) of the Environment Protection Act 2017, for "A majority" substitute "Subject to section 368A, a majority".
39New section 368A inserted
After section 368 of the Environment Protection Act 2017 insert—
"368A Governing Board may appoint presiding person if Chairperson and deputy Chairperson absent
(1)This section applies in relation to a meeting of the Governing Board if—
(a)the Chairperson and the deputy Chairperson (including any member appointed to act as Chairperson or deputy Chairperson under section 366) are absent; or
(b)the office of Chairperson and the office of deputy Chairperson are vacant.

(2)A majority of the members of the Governing Board for the time being constitutes a quorum of the Governing Board.
(3)The members of the Governing Board must, by a majority of votes of the members present and voting at the meeting, appoint one member of the Governing Board to preside at the meeting.
(4)The member appointed under subsection (3)—
(a)is taken to be acting as Chairperson during the meeting; and
(b)has and may exercise all the powers, and must perform all the duties and functions, of the Chairperson during the meeting; and
(c)is not entitled to be paid any remuneration or allowance to which the Chairperson would have been entitled merely because the member is acting as Chairperson during the meeting.".

PART 9—AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001

40New section 54IA inserted
After section 54I of the Essential Services Commission Act 2001 insert—
"54IA Time period to commence civil proceeding under this Division
(1)Despite anything to the contrary in section 5(5) of the Limitation of Actions Act 1958, a civil proceeding under this Division in relation to the contravention of a civil penalty requirement may be commenced within 6 years after the date on which the contravention occurred, whether the contravention occurred before, on or after the commencement of section 40 of the Regulatory Legislation Amendment (Reform) Act 2025.
(2)Nothing in subsection (1) affects the prosecution of any offence under this Act.".

PART 10—AMENDMENT OF HOUSING ACT 1983

41Schedule 8—Register of Housing Agencies
Item 2(3) in Part 1 of Schedule 8 to the Housing Act 1983 is repealed.

PART 11—AMENDMENT OF MINERAL RESOURCES LEGISLATION

Division 1—Mineral Resources (Sustainable Development) Act 1990

42Commencement
Section 3(3) and (4) of the Mineral Resources (Sustainable Development) Act 1990 are repealed.
43Renewals of licences
Section 31(2)(c) of the Mineral Resources (Sustainable Development) Act 1990 is repealed.
44Surrender of licence
In section 37(1) of the Mineral Resources (Sustainable Development) Act 1990, for "Registrar" substitute "Department Head".
45Cancellation of licence
Section 38(1)(b)(iii) of the Mineral Resources (Sustainable Development) Act 1990 is repealed.
46Prohibition of work near dwellings and certain places and sites
(1)In section 45(1A) of the Mineral Resources (Sustainable Development) Act 1990 omit "(except work within the prohibited distances of the area relating to a site described in subsection (1)(a)(xiii))".
(2)In section 45(1B) of the Mineral Resources (Sustainable Development) Act 1990, for "subsections (2) and (4)" substitute "subsection (2)".

47Compensation agreement
In section 87(2) of the Mineral Resources (Sustainable Development) Act 1990, for "mining registrar" substitute "Department Head".
48Determination of compensation disputes
In section 88(4) of the Mineral Resources (Sustainable Development) Act 1990, for "mining registrar" substitute "Department Head".

Division 2—Mineral Resources (Sustainable Development) Amendment Act 2023

49Approval of variation of work plan
For section 38(6) of the Mineral Resources (Sustainable Development) Amendment Act 2023 substitute—
"(6)Section 77HB(5) and (6) of the Principal Act are repealed.".

50Cancellation of an extractive industry work authority
For section 84(a) of the Mineral Resources (Sustainable Development) Amendment Act 2023 substitute—
'(a)for paragraph (a)(iii) and (iv) substitute—
"(iii)the duty to eliminate or minimise risk under section 12C; or
(iv)any requirement set out in a Code of Compliance or prescribed standard that applies to the authority; or";'.

51Section 133 substituted and new section 133A inserted
For section 133 of the Mineral Resources (Sustainable Development) Amendment Act 2023 substitute—
'133 New section 143 inserted
After section 142 of the Principal Act insert—
"143 Renaming of Act—savings provision
(1)On and after the commencement of section 4 of the Mineral Resources (Sustainable Development) Amendment Act 2023, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Mineral Resources (Sustainable Development) Act 1990 is to be construed as a reference to the Mineral Resources and Extractive Industries Act 1990, unless the contrary intention appears.
(2)Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under this Act or existing or continuing under this Act immediately before the commencement of section 4 of the Mineral Resources (Sustainable Development) Amendment Act 2023 continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by that section.
(3)Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.".

133ANew section 144 inserted
Before Schedule 2 to the Mineral Resources (Sustainable Development) Act 1990 insert—
"144 Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2023
Schedule 10 has effect.".'.

52New Schedule 10 inserted
(1)In section 134 of the Mineral Resources (Sustainable Development) Amendment Act 2023, in the definition of commencement day in clause 1 of proposed Schedule 10 to the Mineral Resources (Sustainable Development) Act 1990, for "Part 2" substitute "Part 4".
(2)In section 134 of the Mineral Resources (Sustainable Development) Amendment Act 2023, in clause 1 of proposed Schedule 10 to the Mineral Resources (Sustainable Development) Act 1990 insert the following definitions—
"determination day, in relation to an existing authority, means the day on which a determination is made under clause 2(1) for the existing authority;
determination period, in relation to an existing authority, means the period beginning on the commencement day and ending on the earlier of—
(a)the last day of the period prescribed for the purposes of clause 2(1); or
(b)the determination day;".

(3)In section 134 of the Mineral Resources (Sustainable Development) Amendment Act 2023, in clause 4 of proposed Schedule 10 to the Mineral Resources (Sustainable Development) Act 1990, for "The Minister" substitute "The Department Head".
(4)In section 134 of the Mineral Resources (Sustainable Development) Amendment Act 2023, at the end of clause 4 of proposed Schedule 10 to the Mineral Resources (Sustainable Development) Act 1990 insert—
"(2)In complying with subclause (1), the Department Head must exclude from any copy provided under that subclause any information that is, in the opinion of the Department Head, of a confidential or commercially sensitive nature.".

(5)In section 134 of the Mineral Resources (Sustainable Development) Amendment Act 2023, for clause 6 of proposed Schedule 10 to the Mineral Resources (Sustainable Development) Act 1990 substitute—
"6 Existing authorities during determination period
(1)Despite the commencement of Part 4 of the amending Act and subject to subclause (2), this Act as in force immediately before the commencement day continues to apply in respect of an existing authority during the determination period.

(2)During the determination period, the holder of an existing authority may vary an approved work plan in accordance with section 41AAA or 77HAA (as appropriate).
7Existing authorities after determination period
(1)Subject to subclause (2), the work plan for an existing authority ceases to have effect on the determination day for that existing authority.
(2)On and from the determination day for an existing authority, a rehabilitation plan approved by the Department Head that is included in a work plan for that existing authority is taken to be—
(a)approved by the Department Head under section 40A or 77G (as appropriate) as amended by the amending Act; and
(b)subject to the same conditions as those to which it was subject immediately before the determination day.".

PART 12—AMENDMENT OF SERVICE VICTORIA ACT 2018

53New section 17 inserted
After section 16 of the Service Victoria Act 2018 insert—
"17 Power to impose fees and charges
The Service Victoria CEO may impose fees and charges payable for services and products delivered under this Act if—
(a)the fee or charge is not payable under any other Act or regulations providing for the delivery of the service or product; and
(b)the fee or charge and its amount is prescribed under this Act; and
(c)the service or product is—
(i)to provide or improve access to Government services, including to make the services quicker, more accessible or more convenient; or

(ii)to support a person to verify their identity, or to share information relating to that person, with another person or entity; or
(iii)to receive information from, or deliver information to, Service Victoria, a service agency, a non‑Victorian government agency or a non-government entity; or
(iv)a prescribed service or product, or belongs to a prescribed class of service or product.".

54Regulations
(1)In section 58(2)(e)(iii) of the Service Victoria Act 2018, for "time." substitute "time;".
(2)After section 58(2)(e) of the Service Victoria Act 2018 insert—
"(f)for the purposes of section 17, prescribe payable fees and charges, including as—
(i)specific fees or charges; or
(ii)maximum fees or charges; or
(iii)fees or charges that vary according to differences in time, place or circumstances;

(g)provide for the reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17;
(h)prescribe the circumstances in which any reduction, waiver, deferral or refund, in whole or part, of fees or charges under section 17, apply.".

(3)After section 58(2) of the Service Victoria Act 2018 insert—
"(2A)If the regulations provide for a refund in whole or part, of a fee or charge, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.".

PART 13—AMENDMENT OF SUBDIVISION ACT 1988

55Regulations
(1)In section 43(1) of the Subdivision Act 1988—
(a)in paragraph (ib)(iv), for "to charge fees" substitute "to charge fees or other amounts";
(b)after paragraph (j) insert—
"(jaa)prescribing fees or amounts to be paid for anything dealt with under this Act by the Registrar, based on the cost or value of providing the service; and".

(2)In section 43(2)(a) of the Subdivision Act 1988—
(a)for "prescribe" substitute "for those things not dealt with by the Registrar under this Act, prescribe";
(b)subparagraph (v) is repealed.

(3)After section 43(2)(a) of the Subdivision Act 1988 insert—
"(ab)for the purpose of subsection (1)(jaa), prescribe fees or amounts as follows—
(i)different fees or amounts for—
(A)different activities or classes of activities; and
(B)different cases or classes of cases; and
(C)different modes of providing any service in respect of which those fees or amounts apply;

(ii)maximum and minimum fees or amounts related to the costs or value of providing any service in respect of which those fees or amounts apply; and".

PART 14—AMENDMENT OF TRANSFER OF LAND ACT 1958

56Registrar's requirements for conveyancing transactions
(1)For the heading to section 106A of the Transfer of Land Act 1958 substitute—
"Registrar's requirements for conveyancing transactions".
(2)In section 106A(1) of the Transfer of Land Act 1958—
(a)omit "paper";
(b)in paragraph (g), for "(1A)." substitute "(1A);";
(c)after paragraph (g) insert—
"(h)any other requirements for conveyancing transactions that the Registrar thinks fit.".

57Assurance contributions
(1)Insert the following heading to section 108 of the Transfer of Land Act 1958—
"Assurance contributions".
(2)Section 108(1) of the Transfer of Land Act 1958 is repealed.
(3)In section 108(2) of the Transfer of Land Act 1958, after "the assurance contribution" insert "if any".

(4)For section 108(3) of the Transfer of Land Act 1958 substitute—
"(3)The Registrar may grant an application, record or register an instrument under this Act on the condition that an assurance contribution is paid of the sum that the Registrar reasonably believes would indemnify the Registrar—
(a)as against the evidence of title being imperfect, because of, but not limited to, any one or more of the following reasons—
(i)any document affecting title is not produced;
(ii)a consent cannot be obtained or notice cannot be served;
(iii)a requisition under this Act cannot be complied with; or
(b)as against—
(i)any uncertain or doubtful claim or demand incident to or which may arise on the title; or
(ii)any risk to which the Consolidated Fund may be exposed.".

(5)Section 108(6), (7), (9) and (10) of the Transfer of Land Act 1958 are repealed.

58New section 108A inserted
After section 108 of the Transfer of Land Act 1958 insert—
"108A Withdrawal, refusal or rejection of applications etc.
(1)Subsections (2) and (3) apply to any application, dealing, instrument or other matter if—
(a)the application, dealing, instrument or other matter is withdrawn; or
(b)the Registrar refuses to accept, lodge, complete, proceed, register or record the application, dealing, instrument or other matter; or
(c)the Registrar rejects the application, dealing, instrument or other matter.

(2)The fees paid in respect of the application, dealing, instrument or other matter are forfeited.
(3)The Registrar may return all or any of the instruments and documents lodged in respect of the application, dealing, instrument or other matter that the Registrar thinks fit.".

59Regulations
(1)For section 120(2)(c) of the Transfer of Land Act 1958 substitute—
"(c)the amount to be paid for any of the following dealt with by the Registrar, being an amount that may be based on the cost or value of providing the service—
(i)lodging any instrument (other than a transfer of land) or document;
(ii)making an application or search;
(iii)any other matter dealt with by the Registrar;".

(2)For section 120(2)(i) of the Transfer of Land Act 1958 substitute—
"(i)the size and quality of paper of approved forms;".

(3)In section 120(3) of the Transfer of Land Act 1958, for "subsection (2)(a), (2)(aa) or (2)(c)" substitute "this section".
(4)After section 120(3) of the Transfer of Land Act 1958 insert—
"(4)Regulations made under this section may apply, adopt or incorporate any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(a)wholly or partially or as amended by the regulations; or
(b)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or
(c)as formulated, issued, prescribed or published from time to time.".

PART 15—AMENDMENT OF WATER ACT 1989

60Preparation of corporate plan
For section 33DV(1) of the Water Act 1989 substitute—
"(1)The Water Holder must prepare a corporate plan for each financial year and submit it to the environment Minister—
(a)at least 2 months before the start of each financial year; or
(b)if the environment Minister has specified a later date (being before the end of the financial year to which the plan relates), on or before that date.".

61Variation of corporate plan during operation of plan
(1)In section 33DW(1) of the Water Act 1989, after "relates" insert "or after the end of the initial variation period (as the case requires)".
(2)After section 33DW(5) of the Water Act 1989 insert—
"(6)In this section—
initial variation period, in the case of a corporate plan submitted under section 33DV(1)(b), means the 2 month period after the corporate plan is submitted under that section.".

62Special meetings
In section 122(4)(b) of the Water Act 1989 omit ", by post or in person".

PART 16—REPEAL OF THIS ACT

63Repeal of this Act
This Act is repealed on 4 February 2027.

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).

═════════════

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: 5 February 2025
Legislative Council: 20 February 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Adoption Act 1984, the Births, Deaths and Marriages Registration Act 1996, the Children, Youth and Families Act 2005, the Circular Economy (Waste Reduction and Recycling) Act 2021, the Commissioner for Environmental Sustainability Act 2003, the Domestic Animals Act 1994, the Electricity Industry Act 2000, the Environment Protection Act 2017, the Essential Services Commission Act 2001, the Housing Act 1983, the Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources (Sustainable Development) Amendment Act 2023, the Service Victoria Act 2018, the Subdivision Act 1988, the Transfer of Land Act 1958 and the Water Act 1989 and for other purposes. "