Untitled document
National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016
No. 44 of 2016
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the National Parks Act 1975
3Definitions
4Application of Road Management Act 2004
5Consent to mining leases and licences
6National Parks (Box-Ironbark and Other Parks) Act 2002—Transitional provision—existing authorities under the Mineral Resources Development Act 1990
7New section 78 inserted
8Schedule One A amended
9New Part 7 of Schedule One AA inserted
10Schedule Two amended
Part 3—Amendment of the Victorian Environmental Assessment Council Act 2001
11Purpose and outline of Act
12Definitions
13Functions
14Constitution and membership of the Council
15Terms and conditions of office of members
16Proceedings of the Council
17Community Reference Groups
18Report on operations
19Heading to Part 3 substituted and new Division heading inserted
20Minister to request investigation
21Requests, amendments and withdrawals to be laid before the Parliament
22Minister to approve resources for investigation
23Matters to be taken into account in investigations and recommendations
24Notice of investigation
25Submissions
26Report on the investigation
27Sections 25 and 26 substituted and new sections 26A to 26I inserted
28Saving of recommendations
29New section 29 inserted
Part 4—Other amendments
30Mineral Resources (Sustainable Development) Act 1990
31National Parks Act 1975—Statute law revision—repeal of spent transitional provisions
Part 5—Repeal of amending Act
32Repeal of amending Act
═══════════════
Endnotes
1 General information
National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016
No. 44 of 2016
[Assented to 23 August 2016]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the National Parks Act 1975 in relation to the Greater Bendigo National Park; and
(b)to amend the Victorian Environmental Assessment Council Act 2001—
(i)to confer additional functions on the Council in relation to the conduct of assessments and the provision of advice; and
(ii)to amend the process for responding to recommendations of the Council, the former Land Conservation Council and the former Environment Conservation Council.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 24 May 2017, it comes into operation on that day.
Part 2—Amendment of the National Parks Act 1975
3Definitions
In section 3(1) of the National Parks Act 1975, for the definition of Central Plan Office substitute—
"Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;".
4Application of Road Management Act 2004
In section 4A(2)(b) of the National Parks
Act 1975 omit "to the Department of Sustainability and Environment".5Consent to mining leases and licences
In section 40(1C) of the National Parks
Act 1975—(a)omit "or cross-hatching";
(b)for "N.P. 105A/3 and N.P. 105B/1" substitute "N.P. 105A/4 and N.P. 105B/2".
6National Parks (Box-Ironbark and Other Parks) Act 2002—Transitional provision—existing authorities under the Mineral Resources Development Act 1990
In section 50L(2) of the National Parks Act 1975—
(a)omit "or cross-hatching";
(b)for "N.P.105A and N.P. 105B" substitute "N.P.105A/4 and N.P. 105B/2".
7New section 78 inserted
After section 77 of the National Parks Act 1975 insert—
"78 Land to become part of park on surrender to Crown—National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016
If any of the land shown delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 105A/4 is not surrendered to the Crown before the commencement of section 10 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016, that land is taken to be excluded from the park described in Part 41 of Schedule Two until the title to the land is surrendered to the Crown.".
8Schedule One A amended
After clause 10 of Schedule One A to the National Parks Act 1975 insert—
"
11 Native Title not affected by the National Parks and Victorian Environmental Assessment Council Acts Amendment
Act 2016
(1)The amendments made to this Act by the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016 are not intended to affect native title rights and interests.
(2)Subclause (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by or under the Native Title Act 1993 of the Commonwealth.".
9New Part 7 of Schedule One AA inserted
At the end of Schedule One AA to the National Parks Act 1975 insert—
"Part 7—National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016
26Rights to cease—Road—Greater Bendigo National Park
On the commencement of section 10 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016, in respect of the land shown on the plan lodged in the Central Plan Office and numbered N.P. 105B/2—
(a)the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and
(b)all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan cease.".
10Schedule Two amended
In Part 41 of Schedule Two to the National Parks Act 1975—
(a)for "17 340 hectares" substitute
"17 585 hectares";
(b)for "N.P.105A/3 and N.P. 105B/1" substitute "N.P.105A/4 and N.P. 105B/2";
(c)for "cross-hatching" substitute "vertical hatching";
(d)omit "and, in the case of that part of Crown Allotments 260K and 260U, Section H, Parish of Sandhurst that is included in the park, that is at or above a depth of 100 metres below the land surface".
Part 3—Amendment of the Victorian Environmental Assessment Council Act 2001
11Purpose and outline of Act
(1)In section 1(1) of the Victorian Environmental Assessment Council
Act 2001, after "investigations" insert "and assessments, provide advice".(2)In section 1(2) of the Victorian Environmental Assessment Council Act 2001—
(a)after "Council for particular investigations" insert ", assessments and the provision of advice";
(b)for "requesting investigations to be carried out by the Council" substitute "requesting investigations or assessments to be carried out by the Council, and for requesting advice to be provided by the Council";
(c)after "have regard to in investigations" insert ", assessments, advice";
(d)after—
"· sets out the process for public submissions;"
insert—
"· requires requests for investigations, assessments and advice to be tabled in Parliament and made publicly available;";
(e)after "requires reports on investigations" insert ", assessments and advice".
12Definitions
(1)In section 3 of the Victorian Environmental Assessment Council Act 2001 insert the following definition—
"Department Head has the same meaning as it has in section 3(1) of the Conservation, Forests and Lands Act 1987;".
(2)In section 3 of the Victorian Environmental Assessment Council Act 2001, in the definition of public land, for paragraphs (d) and (e) substitute—
"(d)land vested in any public authority, other than a municipal council.".
(3)In section 3 of the Victorian Environmental Assessment Council Act 2001, the definition of request is repealed.
13Functions
In section 6(a) of the Victorian Environmental Assessment Council Act 2001, for "that are" substitute "and assessments and provide advice as".
14Constitution and membership of the Council
(1)For section 8(4) of the Victorian Environmental Assessment Council Act 2001 substitute—
"(4)The Governor in Council, on the recommendation of the Minister, may appoint one or more additional members of the Council for the purposes of conducting a particular investigation or assessment or for the purposes of the provision of particular advice.".
(2)In section 8(5) of the Victorian Environmental Assessment Council Act 2001, after "investigation" insert ", assessment or advice".
(3)In section 8(6) of the Victorian Environmental Assessment Council Act 2001, for "this section" substitute "subsection (1)".
15Terms and conditions of office of members
(1)In section 9(3) of the Victorian Environmental Assessment Council Act 2001, after "investigation" insert "or assessment or the provision of advice".
(2)In section 9(11) of the Victorian Environmental Assessment Council Act 2001 omit "of that House".
16Proceedings of the Council
In section 10(8) and (9) of the Victorian Environmental Assessment Council Act 2001, after "investigation" insert "or assessment or the provision of advice".
17Community Reference Groups
(1)After section 13(1) of the Victorian Environmental Assessment Council Act 2001 insert—
"(1A)The Council must establish a Community Reference Group for the purpose of providing advice to the Council in respect of an assessment or advice, if directed to do so by the Minister under section 26B(1).".
(2)In section 13(2) of the Victorian Environmental Assessment Council Act 2001, after "investigation," insert "assessment or advice,".
18Report on operations
(1)In section 14(2) of the Victorian Environmental Assessment Council Act 2001, after "include" insert "the following".
(2)For section 14(2)(b) of the Victorian Environmental Assessment Council Act 2001 substitute—
"(b)a report on each assessment completed, commenced or conducted during the preceding financial year;
(c)a report on each advice in preparation or provided during the preceding financial year;
(d)a statement of the resources used during the preceding financial year in—
(i)conducting each investigation, whether or not completed; and
(ii)conducting each assessment, whether or not completed; and
(iii)providing advice, whether or not completed.".
(3)In section 14(3) of the Victorian Environmental Assessment Council Act 2001 omit "of that House".
19Heading to Part 3 substituted and new Division heading inserted
(1)For the heading to Part 3 of the Victorian Environmental Assessment Council Act 2001 substitute—
"Part 3—Investigations, assessments and advice".
(2)Before section 15 of the Victorian Environmental Assessment Council Act 2001 insert the following heading—
"Division 1—Investigations".
20Minister to request investigation
(1)In section 15(4) of the Victorian Environmental Assessment Council Act 2001, after "A request" insert "under subsection (1)".
(2)In section 15(6)(b) of the Victorian Environmental Assessment Council Act 2001, after "the request" insert "for the investigation".
21Requests, amendments and withdrawals to be laid before the Parliament
(1)In section 16(1) of the Victorian Environmental Assessment Council Act 2001—
(a)for "a request, amendment or withdrawal" substitute "a request under section 15(1) or a copy of an amendment or a withdrawal under section 15(6)(b)";
(b)in paragraph (a), omit "of that House".
(2)In section 16(2) of the Victorian Environmental Assessment Council Act 2001 omit "of each House of the Parliament".
22Minister to approve resources for investigation
(1)In section 17(1) of the Victorian Environmental Assessment Council Act 2001, after "a request from the Minister" insert "under section 15(1)".
(2)In section 17(4)(b) of the Victorian Environmental Assessment Council Act 2001 omit "of the Department of Sustainability and Environment".
23Matters to be taken into account in investigations and recommendations
(1)In section 18(d) of the Victorian Environmental Assessment Council Act 2001 omit "of Victoria".
(2)In section 18(f) of the Victorian Environmental Assessment Council Act 2001 omit "of Victoria" (where twice occurring).
24Notice of investigation
(1)In section 20(3)(c) of the Victorian Environmental Assessment Council Act 2001, after "Minister's request" insert "for the investigation".
(2)In section 20(4)(b) of the Victorian Environmental Assessment Council Act 2001, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning".
25Submissions
In section 22(4)(a) of the Victorian Environmental Assessment Council Act 2001, after "the request" insert "for the investigation".
26Report on the investigation
(1)In section 23(1) of the Victorian Environmental Assessment Council Act 2001, after "the request" insert "for the investigation".
(2)In section 23(5)(a) of the Victorian Environmental Assessment Council Act 2001 omit "of that House".
27Sections 25 and 26 substituted and new sections 26A to 26I inserted
For sections 25 and 26 of the Victorian Environmental Assessment Council Act 2001 substitute—
"25 Government response—Investigations
(1)The Minister must cause a Government response to a report under section 23 to be prepared.
(2)A response prepared under subsection (1) must—
(a)specify the action (if any) proposed to be taken with respect to each recommendation of the Council specified in the report; and
(b)identify which Minister, Department or public authority (as the case may be) has responsibility for undertaking any proposed action.
(3)The Minister must cause the response to a report under section 23 to be laid before each House of the Parliament not later than the first sitting day after the period of 6 months after the sitting day on which the report was laid before each House of the Parliament.
(4)Within 7 days after the response is laid before each House of the Parliament, the Minister must ensure that a copy of the response is published—
(a)in the Government Gazette; and
(b)on the Internet.
26Statement in relation to amended Government response—Investigations
(1)The Minister may amend a response prepared under section 25 or an earlier statement prepared under this section in relation to a particular recommendation contained in a report under section 23 after consulting any other Minister who the Minister considers is affected by the amendment.
(2)If the Minister amends a response prepared under section 25 or an earlier statement prepared under this section, the Minister must cause a statement to be prepared.
(3)A statement prepared under this section must—
(a)identify the particular recommendation of the report in relation to which the Minister has amended the response prepared under section 25 or an earlier statement prepared under this section; and
(b)state the particulars of the amendment; and
(c)state the rationale for the amendment.
(4)Within 7 sitting days after recording the decision to make the amendment referred to in subsection (1), the Minister must cause a copy of the statement to be laid before each House of the Parliament.
(5)Within 7 days after recording the decision to make the amendment referred to in subsection (1), the Minister must cause a copy of the statement to be published—
(a)in the Government Gazette; and
(b)on the Internet.
26AImplementation of recommendations—Investigations
A Minister who, or Department or public authority that, is identified in a response prepared under section 25 or in a statement prepared under section 26 as having responsibility for undertaking a proposed action with respect to a recommendation of the Council must ensure that the action is undertaken to implement the recommendation to the extent that it is accepted in that response or statement, as the case may be.
Division 2—Assessments and advice
26BMinister may request assessment or advice
(1)For the purposes of this Act, the Minister may request the Council to conduct an assessment or to provide advice in relation to a matter that, in the opinion of the Minister, does not require an investigation under Division 1, having regard to the matter's limited scale or scope or the technical nature of the matter.
(2)A request under subsection (1)—
(a)must be in writing; and
(b)must specify the time within which the Council is to report on the completed assessment or advice; and
(c)may direct the Council to have regard to any specified considerations, including any or all of the following—
(i)the principles of ecologically sustainable development;
(ii)the need to conserve and protect biological diversity;
(iii)the need to conserve and protect any areas which have ecological, natural, landscape or cultural interest or significance, recreational value or geological or geomorphological significance;
(iv)the need to provide for the creation and preservation of a comprehensive, adequate and representative system of parks and reserves within the State;
(v)the existence of any international treaty ratified by the Commonwealth of Australia which is relevant to the assessment or advice, as the case may be;
(vi)any agreement at a national, inter‑state or local government level into which the Government has entered, or under which the Government has undertaken any obligation in conjunction with the Commonwealth, a State, Territory or municipal council, which relates to the subject matter of the assessment or advice, as the case may be;
(vii)the potential environmental, social and economic consequences of implementing the proposed recommendations;
(viii)any existing or proposed use of the environment or natural resources; and
(d)may direct the Council to establish a Community Reference Group under section 13 for the purpose of providing advice to the Council; and
(e)may specify what public consultation is required, if any; and
(f)may direct the Council to comply with any requirement imposed under Division 1 on the carrying out of investigations by the Council, subject to any necessary modification and as if a reference in Division 1 to an investigation were a reference to an assessment or advice, as the case may be.
(3)At any time before the Council has completed conducting the assessment or has provided the advice, the Minister may in writing amend or withdraw the request for the assessment or advice.
26CNotice of requests, amendments and withdrawals under section 26B to be laid before each House of the Parliament and published
(1)Within 7 sitting days after making a request, amendment or withdrawal under section 26B, the Minister must cause notice of the request, amendment or withdrawal to be laid before each House of the Parliament.
(2)Within 7 days after making a request, amendment or withdrawal under section 26B, the Minister must cause notice of the request, amendment or withdrawal to be published—
(a)in the Government Gazette; and
(b)on the Internet.
(3)If the conduct of an assessment or the provision of advice is likely to affect the existing rights in the relevant public land of any lease holder, licence holder or recreational user, the Council must—
(a)make reasonable efforts to advise those persons and peak bodies representing those persons; and
(b)if practicable, cause notices to be placed on Department of Environment, Land, Water and Planning notice boards in and around the relevant public land.
26DRole of Departments and public authorities—Assessments and advice
(1)The Council must confer with any Department or public authority which may be affected by the provision of an assessment or advice requested under section 26B.
(2)A Department or public authority referred to in subsection (1) must give practicable assistance to the Council in preparing an assessment or advice.
26EReport on assessment or advice
(1)The Council must submit to the Minister, within the time specified by the Minister in the request made under section 26B, a written report—
(a)on the results of its assessment; or
(b)containing the advice it prepared.
(2)The report must specify—
(a)any recommendations resulting from the assessment or advice; and
(b)a detailed rationale for each of the recommendations; and
(c)if applicable, the main proposals in any submissions made to the Council and the reasons why the Council accepted, rejected or modified those proposals.
(3)The report must be accompanied by a copy of each submission received in relation to the assessment or advice.
(4)The Council must provide the Minister with copies of the report to be made publicly available.
(5)Within 7 sitting days after receiving the report, the Minister must cause a copy of the report to be laid before each House of the Parliament.
(6)Within 7 days after receiving the report, the Minister must cause a copy of the report to be—
(a)available for public perusal; and
(b)published on the Internet.
26FExtension of time—Assessments and advice
(1)The Council may apply for an extension of time to complete an assessment or to provide advice.
(2)An application under subsection (1) must—
(a)be made not later than 30 days before the date on which the Council is required to submit the assessment or advice to the Minister; and
(b)be in writing addressed to the Minister; and
(c)explain the reasons why an extension of time is necessary.
(3)The Minister may either grant or refuse the application.
(4)The Minister must—
(a)advise the Council in writing of the Minister's decision; and
(b)if the application is granted, specify a new time within which the Council is to report on the assessment or advice.
26GGovernment response—Assessments or advice
(1)The Minister must cause a Government response to a report under section 26E to be prepared.
(2)A response prepared under subsection (1) must—
(a)specify the action (if any) proposed to be taken with respect to each recommendation of the Council specified in the report; and
(b)identify which Minister, Department or public authority (as the case may be) has responsibility for undertaking any proposed action.
(3)The Minister must cause the response to a report under section 26E to be laid before each House of the Parliament not later than the first sitting day after the period of 6 months after the sitting day on which the report was laid before each House of the Parliament.
(4)Within 7 days after the response is laid before each House of the Parliament, the Minister must cause a copy of the response to be published—
(a)in the Government Gazette; and
(b)on the Internet.
26HStatement in relation to amended Government response—Assessments or advice
(1)The Minister may amend a response prepared under section 26G or an earlier statement prepared under this section in relation to a particular recommendation contained in a report under section 26E after consulting any other Minister who the Minister considers is affected by the amendment.
(2)If the Minister amends a response prepared under section 26G or an earlier statement prepared under this section, the Minister must cause a statement to be prepared.
(3)A statement prepared under this section must—
(a)identify the particular recommendation of the report in relation to which the Minister has amended the response prepared under section 26G or an earlier statement prepared under this section; and
(b)state the particulars of the amendment; and
(c)state the rationale for the amendment.
(4)Within 7 sitting days after recording the decision to make the amendment referred to in subsection (1), the Minister must cause a copy of the statement to be laid before each House of the Parliament.
(5)Within 7 days after recording the decision to make the amendment referred to in subsection (1), the Minister must cause a copy of the statement to be published—
(a)in the Government Gazette; and
(b)on the Internet.
26IImplementation of recommendations—Assessments or advice
A Minister who, or Department or public authority that, is identified in a response prepared under section 26G or in a statement prepared under section 26H as having responsibility for undertaking a proposed action with respect to a recommendation of the Council must
ensure that the action is undertaken to implement the recommendation to the extent that it is accepted in that response or statement,
as the case may be.".
28Saving of recommendations
(1)After section 28(2) of the Victorian Environmental Assessment Council Act 2001 insert—
"(2A)If the Governor in Council, acting on a recommendation of the Minister under subsection (2), has amended or revoked a recommendation to which subsection (1)(c) applies, the Minister must cause a statement to be prepared that—
(a)specifies the recommendation that is amended or revoked; and
(b)provides a rationale for the amendment or revocation.
(2B)Within 7 sitting days after the Governor in Council amends or revokes a recommendation to which subsection (1)(c) applies, the Minister must cause a copy of the statement to be laid before each House of the Parliament.
(2C)Within 7 days after the Governor in Council amends or revokes a recommendation to which subsection (1)(c) applies, the Minister must cause a copy of the statement to be published—
(a)in the Government Gazette; and
(b)on the Internet.".
(2)In section 28(3) of the Victorian Environmental Assessment Council Act 2001, after "Council" insert "contained in a report submitted to the Minister under section 23(1)".
29New section 29 inserted
After section 28 of the Victorian Environmental Assessment Council Act 2001 insert—
"29 Transitional—National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016
A statement of the response of the Government laid before each House of the Parliament before the commencement of section 27 of the National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016 is taken to comply with the requirements of section 25 of this Act as in force immediately after that commencement.".
Part 4—Other amendments
30Mineral Resources (Sustainable Development) Act 1990
In section 6(3) of the Mineral Resources (Sustainable Development) Act 1990—
(a)omit "or cross-hatching";
(b)for "N.P. 105A and N.P. 105B" substitute "N.P. 105A/4 and N.P. 105B/2".
31National Parks Act 1975—Statute law revision—repeal of spent transitional provisions
(1)Clause 3 of Schedule One AAA to the National Parks Act 1975 is repealed.
(2)Clauses 8, 10, 11, 13, 18 and 19 of
Schedule One AA to the National Parks
Act 1975 are repealed.
Part 5—Repeal of amending Act
32Repeal of amending Act
This Act is repealed on 24 May 2018.
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: 25 May 2016
Legislative Council: 23 June 2016
The long title for the Bill for this Act was "A Bill for an Act to amend the National Parks Act 1975 in relation to the Greater Bendigo National Park and to amend the Victorian Environmental Assessment Council Act 2001 in relation to advice, assessments and recommendations and for other purposes."
0
0
0