Subordinate Legislation (Legislative Instruments) Further Amendment Regulations 2018 (Vic)

Subordinate Legislation (Legislative Instruments) Further Amendment Regulations 2018

S.R. No. 137/2018

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

Part 2—Amendment of Schedule 1

5Item 13 of Schedule 1 revoked

6Conservation, Forests and Lands Act 1987

7Forests Act 1958

8New item 28B inserted in Schedule 1

9National Parks Act 1975

10New item 38A inserted in Schedule 1

11Public Health and Wellbeing Act 2008

Part 3—Amendment of Schedule 3

12Item 25 revoked in Schedule 3

13Planning and Environment Act 1987

14Public Health and Wellbeing Act 2008

═════════════

Endnotes

STATUTORY RULES 2018

S.R. No. 137/2018

Subordinate Legislation Act 1994

Subordinate Legislation (Legislative Instruments) Further Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 18 September 2018

Responsible Minister:

GAVIN JENNINGS
Special Minister of State

ANDREW ROBINSON

Clerk of the Executive Council

Part 1—Preliminary

1Objective

The objective of these Regulations is to amend the Subordinate Legislation (Legislative Instruments) Regulations 2011—

(a)to prescribe certain instruments not to be legislative instruments for the purposes of the Subordinate Legislation Act 1994; and

(b)to make various amendments to Schedule 3 to those Regulations, including removing references to certain legislative instruments.

2Authorising provisions

These Regulations are made under sections 4A and 28 of the Subordinate Legislation Act 1994.

3Commencement

These Regulations come into operation on 1 October 2018.

4Principal Regulations

In these Regulations, the Subordinate Legislation (Legislative Instruments) Regulations 2011[1] are called the Principal Regulations.

Part 2—Amendment of Schedule 1

5Item 13 of Schedule 1 revoked

Item 13 of Schedule 1 to the Principal Regulations is revoked.

6Conservation, Forests and Lands Act 1987

After item 13A.6 of Schedule 1 to the Principal Regulations insert—

"13A.7An instrument setting aside areas in any recorded land in accordance with a regulation made under section 102.".

7Forests Act 1958

After item 21A.8 of Schedule 1 to the Principal Regulations insert—

"21A.9A working plan prepared or revised by the Secretary under section 22.".

8New item 28B inserted in Schedule 1

After item 28A of Schedule 1 to the Principal Regulations insert—

"28B Marine and Coastal Act 2018

28B.1An Order under section 4(3).

28B.2An Order under section 4(5).

28B.3An Order under section 5(2).

28B.4An Order under section 5(4).

28B.5A Marine and Coastal Policy made under section 24(1).

28B.6A Marine and Coastal Strategy made under section 30(1).

28B.7A product prepared by a regional and strategic partnership under section 42(2)(b) and in accordance with section 46.

28B.8An environmental management plan made under Division 2 of Part 6.

28B.9A coastal and marine management plan prepared and made under section 57(1).".

9National Parks Act 1975

After item 37.7 of Schedule 1 to the Principal Regulations insert—

"37.8An authorisation given under section 37(2) or (3).".

10New item 38A inserted in Schedule 1

After item 38 of Schedule 1 to the Principal Regulations insert—

"38A Parks Victoria Act 2018

38A.1A land management strategy prepared under section 38(1).

38A.2A land management plan made under section 46(1).".

11Public Health and Wellbeing Act 2008

After item 46.1 of Schedule 1 to the Principal Regulations insert—

"46.2An instrument made by the Secretary which approves the form of statement referred to in item 1, column 2, paragraph (a) of Table 1 in the Schedule.

46.3An instrument made by the Secretary which approves the manner of testing referred to in item 1, column 2, paragraph (b) of Table 1 in the Schedule.

46.4An instrument made by the Secretary which approves the manner of testing referred to in item 2, column 2, paragraph (a) of Table 1 in the Schedule.

46.5An instrument made by the Secretary which approves the form of statement referred to in item 2, column 2, paragraph (b)(i) of Table 1 in the Schedule.

46.6An instrument made by the Secretary which approves the manner of testing referred to in item 2, column 2, paragraph (b)(ii) of Table 1 in the Schedule.

46.7An instrument made by the Secretary which approves the form of statement referred to in item 2, column 2, paragraph (c)(i) of Table 1 in the Schedule.

46.8An instrument made by the Secretary which approves the manner of testing referred to in item 2, column 2, paragraph (c)(iii) of Table 1 in the Schedule.

46.9An instrument made by the Secretary which approves the form of statement referred to in item 1, column 2, paragraph (a)(i) of Table 2 in the Schedule.

46.10An instrument made by the Secretary which approves the manner of testing referred to in item 1, column 2, paragraph (a)(ii) of Table 2 in the Schedule.

46.11An instrument made by the Secretary which approves the manner of testing referred to in item 1, column 2, paragraph (b)(i) of Table 2 in the Schedule.

46.12An instrument made by the Secretary which approves the form of statement referred to in item 1, column 2, paragraph (c)(i) of Table 2 in the Schedule.

46.13An instrument made by the Secretary which approves the manner of testing referred to in item 1, column 2, paragraph (c)(ii) of Table 2 in the Schedule.".

Part 3—Amendment of Schedule 3

12Item 25 revoked in Schedule 3

Item 25 of Schedule 3 to the Principal Regulations is revoked.

13Planning and Environment Act 1987

In item 82.9 of Schedule 3 to the Principal Regulations, for "section 46GF(1)" substitute "section 46GJ(1)".

14Public Health and Wellbeing Act 2008

Items 89.6 and 89.7 of Schedule 3 to the Principal Regulations are revoked.

═════════════

Endnotes

[1] Reg. 4: S.R. No. 52/2011. Reprint No. 1 as at 12 May 2016. Reprinted to S.R. No. 6/2016. Subsequently amended by S.R. No. 91/2018.