Royal Botanic Gardens (Amendment) Act 2003 (Vic)

Royal Botanic Gardens (Amendment) Act 2003

ts	Act No. 86/2003
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m	TABLE OF PROVISIONS

u Section Page

c	1.	Purposes	1
o	2.	Commencement	2
D	3.	Amendment of definitions	2
ry	4.	Amendment of the objectives of the Act	3
5.	Amendment of functions	3
ta	6.	Amendment of powers	3
7.	Amendment of licensing power	4
n	8.	Insertion of new section 24A	4

e	24A.	Further power to lease land at Royal Botanic Gardens,
m	Cranbourne 4

ia	9.	Consequential amendment	4
rl	10.	Insertion of new sections 50B and 50C	5

50B. Requirement to give name and address 5

a	50C.	Authorised officers must identify themselves	6
P	11.	Repeal of section 60	6
12.	Insertion of new section 61	7

d	61.	Savings provision for Chairperson and Deputy
n	Chairperson 7
a	13.	Period of appointment of Chairperson and Deputy Chairperson
n	of Board 7
o	14.	Repeal of Schedule 7
ti	15.	Further amendments to the Royal Botanic Gardens Act 1991 8

la	__________________
is	SCHEDULE—Amendment of Schedule 1 of the Royal Botanic

g Gardens Act 1991 9

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n	ENDNOTES	10
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c
o	Victoria
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n	No. 86 of 2003
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rl	Royal Botanic Gardens (Amendment)
a	Act 2003†
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[Assented to 11 November 2003]

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ti	The Parliament of Victoria enacts as follows:
la
is	1. Purposes
g
e	The purposes of this Act are—
L	(a) to amend the Royal Botanic Gardens Act
n	1991—
a
ri	(i) to make further provision in relation to
to	licensing and leasing of the botanic
ic	gardens; and
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(ii)  to make further provision in relation to the term of appointment of Board

ts	members; and
n	(iii) to make further provision for powers of
e	authorised officers; and
m	(b) to make other minor amendments to that Act.
u
c	2. Commencement
o	This Act comes into operation on the day after the
D	day on which it receives the Royal Assent.
ry	3. Amendment of definitions

ta	See:	(1) In section 3(1) of the Royal Botanic Gardens
Act No.
n	87/1991.	Act 1991—
e	Reprint No. 1 as at	(a) in the definition of "botanic gardens", after
m	27 June 1996
ia	and	"Schedule 1" insert ", as added to, removed
rl	amending	or altered under sub-section (2)";
Act Nos
a	46/1998 and	(b) insert the following definitions—
76/1998.
P	LawToday:	' "authorised officer" means a person
d	dpc.vic.	appointed as an authorised officer
n	gov.au	under the Conservation, Forests and
a	Lands Act 1987 for the purposes of
n	this Act;
o

ti	"Royal Botanic Gardens, Cranbourne"
la	means the lands for the time being
is	described in Part 2 of Schedule 1, as
g	added to, removed or altered under sub-
e	section (2);'.
L	(2) For section 3(2) of the Royal Botanic Gardens
n	Act 1991 substitute—
a
ri	"(2) The Governor in Council, by Order
to	published in the Government Gazette, may
add an area of Crown land to or remove an
ic	area of Crown land from the Crown land
V	shown in Part 2 of Schedule 1 or alter an

Royal Botanic Gardens (Amendment) Act 2003

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area of Crown land shown in Part 2 of

Schedule 1.".

ts	4. Amendment of the objectives of the Act
n	In section 5 of the Royal Botanic Gardens Act
e	1991—
m	(a) in paragraph (e), for "tourism." substitute
u
c	"tourism;";
o	(b) after paragraph (e) insert—
D

"(f) to provide for—

ry	(i) the carrying out of and
ta	contribution to research into
n	biodiversity; and
e

(ii) the conservation of biodiversity.".

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ia	5. Amendment of functions
rl	In section 11 of the Royal Botanic Gardens Act
a	1991—
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(a) for paragraph (d) substitute—

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n	"(d) to carry out and contribute to botanical
a	and horticultural research and research
n	into biodiversity;";
o
ti	(b) for paragraph (h) substitute—
la	"(h) to conserve biodiversity and increase
is	the public awareness of the need for the
g	conservation of biodiversity and the
e	threat to biodiversity;".
L

6. Amendment of powers

n

a	In section 14(m) of the Royal Botanic Gardens
ri	Act 1991, after "but" insert ", subject to
to	section 24A,".
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7. Amendment of licensing power

In section 24(2)(b) of the Royal Botanic Gardens

ts	Act 1991, for "5 years" substitute "10 years".
n	8. Insertion of new section 24A
e

After section 24 of the Royal Botanic Gardens

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u	Act 1991 insert—
c	"24A. Further power to lease land at Royal
o	Botanic Gardens, Cranbourne
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(1) The Board may, with the approval of the

ry	Governor in Council, lease any part of the
ta	Royal Botanic Gardens, Cranbourne for the
n	purpose of the carrying on of the business of
e	a plant nursery.
m	(2) A lease under sub-section (1)—
ia

rl	(a)	may be for any consideration, rental,
a	fees or other terms that the Board
P	thinks fit; and

d	(b) must not be for a term of more than
n	21 years.
a	(3) The total area of land leased under this
n	section must not, at any particular time, be
o
ti	greater than 10 hectares.
la	(4) This section has effect despite anything to
is	the contrary in the Crown Land (Reserves)
g	Act 1978.".
e	9. Consequential amendment
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In section 50(d) of the Royal Botanic Gardens

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a	Act 1991 omit "within the meaning of section
ri	3(1) of the Conservation, Forests and Lands
to	Act 1987".
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10. Insertion of new sections 50B and 50C

After section 50A of the Royal Botanic Gardens

ts	Act 1991 insert—
n	"50B. Requirement to give name and address
e

(1) If an authorised officer believes, on

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u	reasonable grounds, that a person has
c	committed an offence against this Act or the
o	regulations, the officer may ask the person to
D	state his or her name and ordinary place of
ry	residence or business.
ta	(2) In making a request under sub-section (1),

the officer must inform the person of the

n	grounds for his or her belief that the person
e	has committed the offence.
m
ia	(3) A person must not, in response to a request
rl	under sub-section (1)—
a	(a) refuse or fail to comply with the request
P	without a reasonable excuse for doing
d	so; or
n	(b) state a name that is false in a material
a

detail; or

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o	(c) state an address that is not the full and
ti	correct address of his or her ordinary
la	place of residence or business.
is	Penalty: 5 penalty units.
g
e	(4) If a person states a name and address in
L	response to a request under sub-section (1)
n	and the officer suspects on reasonable
a	grounds that the stated name and address
ri	may be false, the officer may request the
to	person to produce evidence of the
ic	correctness of the name and address.
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(5) A person to whom a request under sub-

section (4) is made must comply with the request, unless he or she has a reasonable

ts	excuse for not doing so.
n
e	Penalty: 5 penalty units.
m	(6) It is not an offence for a person to fail to
u	comply with a request under sub-section (1)
c	or (4)—
o
D	(a) if the authorised officer did not inform the person, at the time the request was
ry	made, that it is an offence to fail to
ta	comply with the request; or
n	(b) if the authorised officer did not identify
e	himself or herself in accordance with
m	section 50C before making the request.
ia
rl	50C. Authorised officers must identify
a	themselves
P	An authorised officer must produce proof of
d	his or her identity and official status—
n	(a) before exercising a power under section
a

50B; and

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o	(b) at any time during the exercise of a
ti	power under section 50B, if asked to do
la	so.".
is	11. Repeal of section 60
g
e	Section 60 of the Royal Botanic Gardens Act
L	1991 is repealed.
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12. Insertion of new section 61

After section 60 of the Royal Botanic Gardens

ts	Act 1991 insert—
n	"61. Savings provision for Chairperson and
e	Deputy Chairperson
m
u	Despite the commencement of section 13 of
c	the Royal Botanic Gardens (Amendment)
o	Act 2003, clause 3(3) of Schedule 2 to this
D	Act, as in force immediately before that commencement, continues to apply, on and
ry	from that commencement, to the persons
ta	holding the office of Chairperson and
n	Deputy Chairperson immediately before that
e	commencement, until the expiry of the term
m	of appointment of those persons as
ia	Chairperson and Deputy Chairperson.".
rl	13. Period of appointment of Chairperson and Deputy
a	Chairperson of Board
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For clause 3(3) of Schedule 2 to the Royal

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n	Botanic Gardens Act 1991 substitute—
a	"(3) A person appointed as Chairperson or
n	Deputy Chairperson holds office for the
o	period that is specified in the instrument of
ti	his or her appointment to that office (which
la	must not be longer than the remaining period
is	of his or her appointment as a member).
g	(3A) A person appointed as Chairperson or
e	Deputy Chairperson is eligible for re-
L	appointment to that office.".
n
a	14. Repeal of Schedule
ri	Schedule 4 to the Royal Botanic Gardens Act
to	1991 is repealed.
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15. Further amendments to the Royal Botanic Gardens Act 1991

ts	The Royal Botanic Gardens Act 1991 is
n	amended as set out in the Schedule.
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Royal Botanic Gardens (Amendment) Act 2003

Sch.

Act No. 86/2003

SCHEDULE

ts	AMENDMENT OF SCHEDULE 1 OF THE ROYAL BOTANIC
n	GARDENS ACT 1991
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m	For Part 2 of Schedule 1 to the Royal Botanic Gardens Act
u	1991 substitute—
c	"PART 2—ROYAL BOTANIC GARDENS, CRANBOURNE
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Royal Botanic Gardens (Amendment) Act 2003

Endnotes

Act No. 86/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 17 September 2003
e
Legislative Council: 28 October 2003
m
u	The long title for the Bill for this Act was "to amend the Royal Botanic
c	Gardens Act 1991 and for other purposes."
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