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Parks and Crown Land Legislation Amendment Act 2017

No. 53 of 2017

table of provisions

Section Page

Part 1—Preliminary

1Purposes
2Commencement

Part 2—Amendment of the Conservation, Forests and Lands Act 1987

3Definitions
4Advertisement of draft Code of Practice, variation or revocation
5Repeal of sections 35 and 36
6Substitution of section 37
7New section 37A inserted
8Substitution of section 38

Part 3—Amendment of the Crown Land (Reserves) Act 1978

9Definitions
10Castlemaine Diggings National Heritage Park
11Woowookarung Regional Park
12Otway Forest Park

Part 4—Amendment of the Environment Protection Act 1970

13Definitions

Part 5—Amendment of the Interpretation of Legislation Act 1984

14Definitions

Part 6—Amendment of the Mineral Resources (Sustainable Development) Act 1990

15New section 5ABA inserted
16Land not available for exploration, mining and searching
17Restricted Crown land

Part 7—Amendment of the National Parks Act 1975

18Definitions
19National Parks Advisory Council
20Members of National Parks Advisory Council
21Advisory committees
22National parks and State parks
23Order that land to be treated as a park for certain purposes
24Protection of access rights of freeholders in relation to certain parks
25New section 32S inserted
26Annual report
27Consent to mining leases and licences
28Regulations
29Repeal of section 50L
30New section 79 inserted
31New clause 12 of Schedule One A inserted
32Substitution of Part 7 of Schedule One AA
33Budj Bim National Park
34Croajingolong National Park
35Great Otway National Park
36Greater Bendigo National Park
37Lower Goulburn National Park
38Warrandyte State Park
39Nooramunga Marine and Coastal Park
40Castlemaine Diggings National Heritage Park

Part 8—Amendment of the Reference Areas Act 1978

41Advisory committee

Part 9—Amendment of the Royal Botanic Gardens Act 1991

42Definitions
43Specific powers
44Leases, licences and permits
45Repeal of section 24A
46Corporate planning documents of the Board
47Appointment of Director
48Repeal of sections 39, 40 and 41
49Repeal of section 56
50New section 60 inserted
51Repeal of section 61
52Members
53Chairperson and Deputy Chairperson
54Remuneration and allowances

Part 10—Amendment of the Victorian Environmental Assessment Council Act 2001

55Terms and conditions of office of members

Part 11—Amendment of the Zoological Parks and Gardens Act 1995

56Definitions
57Constitution and membership of Board
58Corporate planning documents and financial matters
59Corporate planning documents of the Board
60Repeal of section 19
61Leases licences and permits
62Appointment of Chief Executive Officer
63Repeal of sections 35 and 36
64Repeal of sections 43, 47 and 49
65New Division 2 of Part 5 inserted
66Fees and allowances

Part 12—Consequential amendments of other Acts

67Aboriginal Lands Act 1970
68Alpine Resorts Act 1983
69Alpine Resorts (Management) Act 1997
70Casino Control Act 1991
71Catchment and Land Protection Act 1994
72Docklands Act 1991
73EastLink Project Act 2004
74Education and Training Reform Act 2006
75Electoral Boundaries Commission Act 1982
76Forests Act 1958
77Heritage Rivers Act 1992
78Kardinia Park Stadium Act 2016
79Land Act 1958
80Land Conservation (Vehicle Control) Act 1972
81Libraries Act 1988
82Major Sporting Events Act 2009
83Major Transport Projects Facilitation Act 2009
84Melbourne and Olympic Parks Act 1985
85Melbourne City Link Act 1995
86National Gallery of Victoria Act 1966
87Parliamentary Precincts Act 2001
88Planning and Environment Act 1987
89Port Management Act 1995
90Road Management Act 2004
91Royal Agricultural Showgrounds Act 2003
92Royal Children's Hospital (Land) Act 2007
93Victorian Arts Centre Act 1979
94Water Act 1989

Part 13—Repeal of amending Act

95Repeal of amending Act

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Endnotes

1 General information

Parks and Crown Land Legislation Amendment Act 2017

No. 53 of 2017

[Assented to 24 October 2017]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes
The purposes of this Act are—
(a)to amend the National Parks Act 1975 to provide for the addition of the Anglesea Heath to the Great Otway National Park; and
(b)to make additions, excisions and corrections to other parks and reserves; and
(c)to amend the names of the Canadian Regional Park and the Mount Eccles National Park; and
(d)to provide for a more efficient approach to making, varying and revoking codes of practice under the Conservation, Forests and Lands Act 1987; and
(e)to simplify the process for appointing litter enforcement officers for Crown land; and
(f)to amend the Interpretation of Legislation Act 1984 to include a definition of Central Plan Office so this term has the same meaning across all Acts and subordinate instruments; and
(g)to simplify corporate planning reporting requirements for the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board; and
(h)to remove the requirement for a government representative to sit on the National Parks Advisory Council, the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board; and
(i)to confer on the Minister power to prescribe sitting fees and allowances for the National Parks Advisory Council, park advisory committees and the Reference Areas Advisory Committee; and
(j)to remove the prohibition on public sector employees receiving any payments for their services on the Victorian Environmental Assessment Council and the Zoological Parks and Gardens Board; and
(k)to provide for the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board to be responsible for the appointment and remuneration of their chief executive officers; and
(l)to expand the functions of the Royal Botanic Gardens Board in relation to plant sales; and
(m)to confer on the Minister power to approve a lease or licence proposed to be granted by the Royal Botanic Gardens Board or the Zoological Parks and Gardens Board; and
(n)to make other minor and technical amendments to various Acts.

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 1 May 2018, it comes into operation on that day.

Part 2—Amendment of the Conservation, Forests and Lands Act 1987

3Definitions
In section 3(1) of the Conservation, Forests and Lands Act 1987, the definition of Central Plan Office is repealed.
4Advertisement of draft Code of Practice, variation or revocation
(1)In section 33(1) of the Conservation, Forests and Lands Act 1987, for "The Minister" substitute "Subject to subsection (1A), the Minister".
(2)After section 33(1) of the Conservation, Forests and Lands Act 1987 insert—
"(1A)The Minister is not required to give notice under subsection (1) if satisfied that the draft Code of Practice or proposed variation of a Code of Practice is of a fundamentally declaratory or machinery nature.".
(3)In section 33(3)(b) of the Conservation, Forests and Lands Act 1987, for "60 days of the publication of the notice" substitute "within such time (being not less than 28 days from the publication of the notice) as is specified in the notice".
5Repeal of sections 35 and 36
Sections 35 and 36 of the Conservation, Forests and Lands Act 1987 are repealed.

6Substitution of section 37
For section 37 of the Conservation, Forests and Lands Act 1987 substitute—
"37 Making and publication of Codes of Practice, variations and revocations
(1)After considering any submissions made in relation to a draft Code of Practice, or proposed variation or revocation of a Code of Practice, the Minister may make the Code of Practice, variation or revocation.
(2)Subject to subsection (3), after the making of a Code of Practice or variation of a Code of Practice, the Minister must ensure that the Code of Practice or variation is published in full—
(a)in the next general edition of the Government Gazette; or
(b)in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation.

(3)If a Code of Practice or variation of a Code of Practice is unsuitable to be published in full, notice of the making of the Code of Practice or variation and where it is available must be published—
(a)in the next general edition of the Government Gazette; or
(b)in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation.

(4)After the making of a revocation of a Code of Practice, the Minister must ensure that the revocation is published—
(a)in the next general edition of the Government Gazette; or
(b)in a special edition of the Government Gazette within 10 working days after the making of the revocation.

(5)A Code of Practice or variation or revocation of a Code of Practice takes effect on—
(a)the date on which the Code of Practice or variation is published in the Government Gazette under subsection (2); or
(b)the date on which notice of the Code of Practice or variation is published in the Government Gazette under subsection (3); or
(c)the date on which the revocation is published in the Government Gazette under subsection (4); or
(d)a later date specified in the Code of Practice, variation, notice or revocation, as the case requires.".

7New section 37A inserted
After section 37 of the Conservation, Forests and Lands Act 1987 insert—
"37A Tabling and disallowance
(1)The Minister must ensure that a Code of Practice or variation or revocation of a Code of Practice is tabled in each House of the Parliament on or before the sixth sitting day after—
(a)the date on which the Code of Practice or variation is published in the Government Gazette under section 37(2); or
(b)the date on which notice of the Code of Practice or variation is published in the Government Gazette under section 37(3); or
(c)the date on which the revocation is published in the Government Gazette under section 37(4).

(2)A Code of Practice or variation or revocation of a Code of Practice may be disallowed by the Parliament.
(3)Sections 25C, 25D and 25E of the Subordinate Legislation Act 1994 apply to a Code of Practice or variation or revocation of a Code of Practice that is not a legislative instrument within the meaning of that Act, as if the Code of Practice, variation or revocation were a legislative instrument to which those sections apply.".

8Substitution of section 38
For section 38 of the Conservation, Forests and Lands Act 1987 substitute—
"38 Availability of Code of Practice
A Code of Practice and any documents incorporated in a Code of Practice—
(a)must be kept available for public inspection at—
(i)the principal office of the Department; and
(ii)major regional offices of the Department; and
(b)must be published on the Internet site of the Department.".

Part 3—Amendment of the Crown Land (Reserves) Act 1978

9Definitions
In section 3 of the Crown Land (Reserves) Act 1978, the definition of Central Plan Office is repealed.
10Castlemaine Diggings National Heritage Park
In Division 1 of Part 2 of the Fifth Schedule to the Crown Land (Reserves) Act 1978—
(a)for "7585" substitute "7590";
(b)for "N.P. 109A/4" substitute "N.P. 109A/5".

11Woowookarung Regional Park
(1)In the heading to Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "Canadian" substitute "Woowookarung".
(2)In Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978—
(a)omit "or coloured yellow";
(b)for "LEGL./15-227" substitute

"LEGL./17-345".

12Otway Forest Park
In Division 1 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./14-060" substitute "LEGL./17-344".

Part 4—Amendment of the Environment Protection Act 1970

13Definitions
(1)In section 4(1) of the Environment Protection Act 1970, in the definition of litter authority, after paragraph (f) insert—
"(g)the Secretary, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;".

(2)In section 4(1) of the Environment Protection Act 1970, in the definition of litter enforcement officer, after paragraph (f) insert—
"(g)a person appointed by the Secretary, being the body corporate established by Part 2 ofthe Conservation, Forests and Lands Act 1987, as a litter enforcement officer in respect of any land managed under a relevant law within the meaning of that Act;".

Part 5—Amendment of the Interpretation of Legislation Act 1984

14Definitions
In section 38 of the Interpretation of Legislation Act 1984 insert the following definition—
"Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;".

Part 6—Amendment of the Mineral Resources (Sustainable Development) Act 1990

15New section 5ABA inserted
After section 5AB of the Mineral Resources (Sustainable Development) Act 1990 insert—
"5ABA Leased area
(1)To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of leased area in the Agreement set out in the Mines (AluminiumAgreement) Act 1961 does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement.
(2)In this section—
Agreement has the same meaning as The Agreement has in section 2(a) of the Mines (Aluminium Agreement) Act 1961.".

16Land not available for exploration, mining and searching
In section 6(3) of the Mineral Resources (Sustainable Development) Act 1990, for "N.P. 105B/2" substitute "N.P. 105B/3".
17Restricted Crown land
In clause 6 of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 omit "of the Department of Transport, Planning and Local Infrastructure".

Part 7—Amendment of the National Parks Act 1975

18Definitions
In section 3(1) of the National Parks Act 1975, the definition of Central Plan Office is repealed.
19National Parks Advisory Council
For section 10(1) of the National Parks Act 1975 substitute—
"(1)For the purposes of this Act, there is a National Parks Advisory Council consisting of 8 members appointed by the Governor in Council of whom—
(a)2 must be persons with skills or experience relating to the preservation and the protection of parks; and
(b)one must be a person who is a professor or teacher of ecology, biology or earth science at a university in Victoria; and
(c)one must be a person with experience in local government who resides in a municipality in which there is a park; and
(d)4 must be persons (at least 2 of whom reside outside the metropolitan area) with experience in matters affecting the interests of the community.".

20Members of National Parks Advisory Council
(1)For section 13(4) of the National Parks Act 1975 substitute—
"(4)A member of the Council is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.".

(2)Section 13(5A) of the National Parks Act 1975 is repealed.
21Advisory committees
For section 14(5) of the National Parks Act 1975 substitute—
"(5)A member of a committee is entitled to receive the travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.".

22National parks and State parks
Section 17(2A) and (2B) of the National Parks Act 1975 are repealed.
23Order that land to be treated as a park for certain purposes
(1)In section 19F(3)(a) of the National Parks Act 1975, after "Schedule Four" insert "or elsewhere in the Act".
(2)In section 19F(3)(b) of the National Parks Act 1975, after "Schedule Four" insert "or elsewhere in the Act".
24Protection of access rights of freeholders in relation to certain parks
In section 30I(4)(c) of the National Parks Act1975, before "Part 8" insert "Part 5 or".
25New section 32S inserted
After section 32R of the National Parks Act1975 insert—
"32S Rehabilitation works—Great Otway National Park
(1)The Secretary may authorise Alcoa of Australia Limited ACN 004 879 298 to carry out works on the relevant land that are associated with the rehabilitation of the Anglesea coal mine and associated works.
(2)An authorisation under subsection (1) must be in writing.
(3)In this section—
relevant land means the land delineated and shown cross-hatched on the plan lodged in the Central Plan Office and numbered N.P. 111E/4 and that is part of the park described in Part 31 of Schedule Two.".

26Annual report
After section 35(1) of the National Parks Act 1975 insert—
"(1A)If a national park or State park is created in the financial year preceding the year referred to in subsection (1), the annual report must include a summary of the actions taken to establish the park in the 12 months after the creation of the park.".
27Consent to mining leases and licences
In section 40(1C) of the National Parks Act 1975, for "N.P. 105B/2" substitute "N.P. 105B/3".
28Regulations
In section 48(1) of the National Parks Act 1975—
(a)in paragraph (d) omit "and prescribing travelling and other allowances to be paid to members of the Council other than the Director";
(b)in paragraph (e) omit "and prescribing travelling allowances to be paid to members of committees".

29Repeal of section 50L
Section 50L of the National Parks Act 1975 is repealed.
30New section 79 inserted
After section 78 of the National Parks Act 1975 insert—
"79 Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2017
If any rights over the land held under the Mines (Aluminium Agreement) Act 1961 and shown delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 111E/4 are not surrendered to the Crown before the commencement of Part 7 of the Parks and Crown Land Legislation Amendment Act 2017, that land is taken to be excluded from the park described in Part 31 of Schedule Two until those rights are surrendered to the Crown.".

31New clause 12 of Schedule One A inserted
After clause 11 of Schedule One A to the National Parks Act 1975 insert—
"12 Native title not affected by the Parks and Crown Land Legislation Amendment Act 2017
(1)The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2017 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.".

32Substitution of Part 7 of Schedule One AA
For Part 7 of Schedule One AA to the National Parks Act 1975 substitute—
"Part 7—Parks and Crown Land Legislation Amendment Act 2017
27Definitions
In this Part—
2017 Act means the Parks and Crown Land Legislation Amendment Act 2017;
2017 Act park commencement, in relation to an area of land described in a Part in a Schedule to this Act, the description of which is inserted or amended by a provision of the 2017 Act, means the commencement of the provision of the 2017 Act that so inserts or amends the description;
commencement day means the day on which section 19 of the 2017 Act comes into operation.
28National Parks Advisory Council
Despite the substitution of section 10(1) of this Act by section 19 of the 2017 Act—
(a)the National Parks Advisory Council established immediately before the commencement day is taken to be the National Parks Advisory Council established under this Act; and

(b)a person appointed as a member of the National Parks Advisory Council whose appointment is in effect immediately before the commencement day is taken to be appointed as a member of the National Parks Advisory Council under this Act.

29Rights to cease—roads—Great Otway National Park and adjoining land
On the 2017 Act park commencement, for the land shown on the plan lodged in the Central Plan Office and numbered N.P. 111E/4—
(a)the land delineated and coloured yellow or brown 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 or brown on the plan, cease.

30Rights to cease—roads—Greater Bendigo National Park
On the 2017 Act park commencement, for the land shown on the plan lodged in the Central Plan Office numbered N.P. 105B/3—
(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.".

33Budj Bim National Park
(1)In the heading to Part 18 of Schedule Two to the National Parks Act 1975, for "Mount Eccles" substitute "Budj Bim".
(2)In Part 18 of Schedule Two to the National Parks Act 1975—
(a)omit "or coloured yellow";
(b)for "N.P. 13/3" substitute "N.P. 13/4".

34Croajingolong National Park
In Part 28 of Schedule Two to the National Parks Act 1975—
(a)for "88 500 hectares" substitute "88 525 hectares";
(b)for "N.P. 30/8" substitute "N.P. 30/9".

35Great Otway National Park
In Part 31 of Schedule Two to the National Parks Act 1975—
(a)for "104 015 hectares" substitute

"110 420 hectares";
(b)after "coloured pink" insert "or coloured yellow or coloured blue";
(c)for "N.P. 111E/3" substitute "N.P. 111E/4".

36Greater Bendigo National Park
In Part 41 of Schedule Two to the National Parks Act 1975, for "N.P. 105B/2" substitute "N.P. 105B/3".
37Lower Goulburn National Park
In Part 48 of Schedule Two to the National Parks Act 1975, for "N.P. 115/1" substitute "N.P. 115/2".
38Warrandyte State Park
In Part 31 of Schedule Two B to the National Parks Act 1975—
(a)for "693 hectares" substitute "689 hectares";
(b)omit "or coloured yellow"';
(c)for "N.P. 21/8" substitute "N.P. 21/9".

39Nooramunga Marine and Coastal Park
In Part 5 of Schedule Four to the National Parks Act 1975—
(a)for "33(3)" substitute "27C to 27L inclusive, 30I, 33";
(b)for "48 inclusive" substitute "48AA inclusive".

40Castlemaine Diggings National Heritage Park
(1)In Part 8 of Schedule Four to the National Parks Act 1975—
(a)after "4(b) and (c)," insert "4A, 4B, 4C,";
(b)after "19F," insert "19G,";
(c)after "27," insert "27C to 27L inclusive, 30I,";
(d)after "44," insert "44A,";
(e)for "and 48" substitute ", 48 and 48AA".

(2)In the Note to Part 8 of Schedule Four to the National Parks Act 1975—
(a)for "7585 hectares" substitute "7590 hectares";
(b)for "N.P. 109A/4" substitute "N.P. 109A/5".

Part 8—Amendment of the Reference Areas Act 1978

41Advisory committee
For section 5(10) of the References Areas Act 1978 substitute—
"(10)A member of the committee, or a person who is co-opted to assist a sub-committee, is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member or person.".

Part 9—Amendment of the Royal Botanic Gardens Act 1991

42Definitions
In section 3(1) of the Royal Botanic Gardens Act 1991 insert the following definition—
"corporate planning document means—
(a)a statement of corporate intent; or
(b)a corporate plan; or
(c)a business plan;".

43Specific powers
In section 14(m) of the Royal Botanic Gardens Act 1991, for "but, subject to section 24A, not" substitute ", including".
44Leases, licences and permits
(1)In section 24(2)(a) of the Royal Botanic Gardens Act 1991, for "Governor in Council, grant leases, each if" substitute "Minister, grant leases, each of".
(2)In section 24(2)(b) of the Royal Botanic Gardens Act 1991, for "Governor in Council" substitute "Minister,".
45Repeal of section 24A
Section 24A of the Royal Botanic Gardens Act 1991 is repealed.

46Corporate planning documents of the Board
For section 35 of the Royal Botanic Gardens Act 1991 substitute—
"35 Corporate planning documents of the Board
(1)The Minister, in writing, may request the Board to prepare a corporate planning document to provide to the Minister.
(2)The Board must prepare a corporate planning document if requested by the Minister.
(3)A request under subsection (1) must—
(a)specify the date by which the corporate planning document must be provided to the Minister; and
(b)specify the information to be included in the corporate planning document and the form in which the information must be provided.

(4)A corporate planning document may be amended at any time by the Board with the approval of the Minister.
(5)The Minister, in writing, may direct the Board to amend a corporate planning document at any time by including or omitting any specified information.
(6)The Board must comply with a direction under subsection (5).".

47Appointment of Director
For section 38 of the Royal Botanic Gardens Act 1991 substitute—
"38 Appointment of Director
(1)The Board, by instrument, may appoint a Director, Royal Botanic Gardens.
(2)The Director holds office for a term specified in the instrument of appointment.".

48Repeal of sections 39, 40 and 41
Sections 39, 40 and 41 of the Royal Botanic Gardens Act 1991 are repealed.
49Repeal of section 56
Section 56 of the Royal Botanic Gardens Act 1991 is repealed.
50New section 60 inserted
After section 59 of the Royal Botanic Gardens Act 1991 insert—
"60 Transitional provisions—Parks and Crown Land Legislation Amendment Act2017
(1)On the commencement day, a corporate plan of a Board prepared under section 35 as in force immediately before that day is taken to be a corporate planning document prepared under section 35.
(2)On the commencement day, an appointment to the Board made under clause 1(2)(a) of Schedule 2 as in force immediately before that day is terminated and the person appointed to the Board under that clause goes out of office.
(3)In this section—
commencement day means the day on which Part 9 of the Parks and Crown Land Legislation Amendment Act 2017 comes into operation.".

51Repeal of section 61
Section 61 of the Royal Botanic Gardens Act 1991 is repealed.
52Members
For clause 1(2) of Schedule 2 to the Royal Botanic Gardens Act 1991 substitute—
"(2)The members of the Board must be people who, in the Minister's opinion, have knowledge or expertise in one or more of the following fields—
(a)botany or horticulture;
(b)business management, financial management or public administration;
(c)recreation provision, education or tourism;
(d)nature conservation.".

53Chairperson and Deputy Chairperson
In clause 3(1) of Schedule 2 to the Royal Botanic Gardens Act 1991 omit "appointed under clause 1(2)(b),".
54Remuneration and allowances
Clause 9(2) of Schedule 2 to the Royal Botanic Gardens Act 1991 is repealed.

Part 10—Amendment of the Victorian Environmental Assessment Council Act 2001

55Terms and conditions of office of members
In section 9(6) of the Victorian Environmental Assessment Council Act 2001 omit "who is not an employee in the public service".

Part 11—Amendment of the Zoological Parks and Gardens Act 1995

56Definitions
In section 3 of the Zoological Parks and Gardens Act 1995 insert the following definition—
"corporate planning document means—
(a)a statement of corporate intent; or
(b)a corporate plan; or
(c)a business plan;".

57Constitution and membership of Board
For section 9(2) of the Zoological Parks and Gardens Act 1995 substitute—
"(2)The persons appointed to the Board are to be persons who, in the opinion of the Minister, have expertise in one or more of the following areas—
(a)zoology or veterinary science;
(b)business management, financial management or public administration;
(c)education, tourism or recreation;
(d)nature conservation or animal research;
(e)architecture or engineering.".

58Corporate planning documents and financial matters
For the heading to Division 2 of Part 2 of the Zoological Parks and Gardens Act 1995 substitute—
"Division 2—Corporate planning documents and financial matters".
59Corporate planning documents of the Board
For section 18 of the Zoological Parks and Gardens Act 1995 substitute—
"18 Corporate planning documents of the Board
(1)The Minister, in writing, may request the Board to prepare a corporate planning document to provide to the Minister.
(2)The Board must prepare a corporate planning document if requested by the Minister.
(3)A request under subsection (1) must—
(a)specify the date by which the corporate planning document must be provided to the Minister; and
(b)specify the information to be included in the corporate planning document and the form in which the information must be provided.

(4)A corporate planning document may be amended at any time by the Board with the approval of the Minister.
(5)The Minister, in writing, may direct the Board to amend a corporate planning document at any time by including or omitting any specified information.
(6)The Board must comply with a direction under subsection (5).".

60Repeal of section 19
Section 19 of the Zoological Parks and Gardens Act 1995 is repealed.

61Leases licences and permits
(1)In section 33(2)(a) of the Zoological Parks and Gardens Act 1995, for "Governor in Council" substitute "Minister".
(2)In section 33(2)(b) of the Zoological Parks and Gardens Act 1995, for "Governor in Council" substitute "Minister".
62Appointment of Chief Executive Officer
In section 34 of the Zoological Parks and Gardens Act 1995, for "After consultation with the Board, the Minister," substitute "The Board".
63Repeal of sections 35 and 36
Sections 35 and 36 of the Zoological Parks and Gardens Act 1995 are repealed.
64Repeal of sections 43, 47 and 49
Sections 43, 47 and 49 of the Zoological Parks and Gardens Act 1995 are repealed.
65New Division 2 of Part 5 inserted
After Division 1 of Part 5 of the Zoological Parks and Gardens Act 1995 insert—
"Division 2—Parks and Crown Land Legislation Amendment Act 2017
50Definition
In this Division—
commencement day means the day on which Part 11 of the Parks and Crown Land Legislation Amendment Act 2017 comes into operation.

51Constitution and membership of the Board
On the commencement day, an appointment to the Board made under section 9(2)(a) as in force immediately before that day is terminated and the person appointed to the Board under that section goes out of office.
52Corporate planning documents of the Board
On the commencement day, a corporate plan of the Board prepared under section 18 as in force immediately before that day is taken to be a corporate planning document prepared under section 18.".

66Fees and allowances
In clause 7 of Schedule 2 to the Zoological Parks and Gardens Act 1995 omit ", other than a member who is an officer or employee of the public service,".

Part 12—Consequential amendments of other Acts

67Aboriginal Lands Act 1970
In section 24B(1) of the Aboriginal Lands Act 1970 omit "of the Department of Sustainability and Environment".
68Alpine Resorts Act 1983
(1)In section 2 of the Alpine Resorts Act 1983, the definition of Central Plan Office is repealed.
(2)In section 22 of the Alpine Resorts Act 1983 omit "maintained under section 4 of the Survey Co-ordination Act 1958".
69Alpine Resorts (Management) Act 1997
In section 3 of the Alpine Resorts (Management) Act 1997, the definition of Central Plan Office is repealed.
70Casino Control Act 1991
(1)In section 3(1) of the Casino Control Act 1991, in the definition of casino complex, omit "of the Department of Sustainability and Environment".
(2)In section 74(1A) of the Casino Control Act 1991 omit "of the Department of Sustainability and Environment".
71Catchment and Land Protection Act 1994
In section 95A(2) of the Catchment and Land Protection Act 1994 omit "of the Department".
72Docklands Act 1991
In section 66(1)(b) of the Docklands Act 1991 omit "of the Department of Sustainability and Environment".

73EastLink Project Act 2004
In section 3(1) of the EastLink Project Act 2004, the definition of Central Plan Office is repealed.
74Education and Training Reform Act 2006
In section 5.7A.2 of the Education and Training Reform Act 2006, the definition of Central Plan Office is repealed.
75Electoral Boundaries Commission Act 1982
In section 12(1)(a) of the Electoral Boundaries Commission Act 1982 omit "of the Department of Sustainability and Environment".
76Forests Act 1958
In section 3(1) of the Forests Act 1958, the definition of Central Plan Office is repealed.
77Heritage Rivers Act 1992
In section 3(1) of the Heritage Rivers Act 1992, the definition of Central Plan Office is repealed.
78Kardinia Park Stadium Act 2016
In section 3 of the Kardinia Park Stadium Act 2016, the definition of Central Plan Office is repealed.
79Land Act 1958
In section 2A of the Land Act 1958, the definition of Central Plan Office is repealed.
80Land Conservation (Vehicle Control) Act 1972
In section 5(3) of the Land Conservation (Vehicle Control) Act 1972 omit "maintained under section 4 of the Survey Co-ordination Act 1958".

81Libraries Act 1988
In section 3(4) of the Libraries Act 1988 omit "of the Department of Sustainability and Environment".
82Major Sporting Events Act 2009
(1)In section 3(1) of the Major Sporting Events Act 2009, in the definition of Docklands Stadium concourse, in paragraph (a) omit "maintained under the Survey Co-ordination Act 1958".
(2)In section 3(1) of the Major Sporting Events Act 2009, in the definition of Lakeside Stadium, omit "maintained under the Survey Co‑ordination Act 1958".
(3)In section 3(4) of the Major Sporting Events Act 2009 omit "maintained under the Survey Co‑ordination Act 1958".
(4)In section 21 of the Major Sporting Events Act 2009 omit "maintained under the Survey Co‑ordination Act 1958".
83Major Transport Projects Facilitation Act 2009
In section 3 of the Major Transport Projects Facilitation Act 2009, the definition of Central Plan Office is repealed.
84Melbourne and Olympic Parks Act 1985
In section 4 of the Melbourne and Olympic Parks Act 1985, the definition of Central Plan Office is repealed.
85Melbourne City Link Act 1995
In section 3 of the Melbourne City Link Act 1995, the definition of Central Plan Office is repealed.

86National Gallery of Victoria Act 1966
(1)In section 4(1) of the National Gallery of Victoria Act 1966, in the definition of National Gallery land, omit "in the Department of Natural Resources and Environment".
(2)In section 4(4) of the National Gallery of Victoria Act 1966 omit "of the Department of Sustainability and Environment".
87Parliamentary Precincts Act 2001
In section 3 of the Parliamentary Precincts Act 2001, in the definition of Parliamentary reserve, in paragraph (a) omit "of the Department of Natural Resources and Environment".
88Planning and Environment Act 1987
(1)In section 3(1) of the Planning and Environment Act 1987, in the definition of Port of Melbourne Area, in paragraph (a) omit "established under the Survey Co-ordination Act 1958".
(2)In section 46ZB(1) of the Planning and Environment Act 1987 omit "of the Department of Transport, Planning and Local Infrastructure".
(3)In section 201R of the Planning and Environment Act 1987, the definition of Central Plan Office is repealed.
89Port Management Act 1995
In section 3(1) of the Port Management Act 1995, the definition of Central Plan Office isrepealed.
90Road Management Act 2004
In clause 1 of Schedule 5A to the Road Management Act 2004, the definition of Central Plan Office is repealed.

91Royal Agricultural Showgrounds Act 2003
In section 3 of the Royal Agricultural Showgrounds Act 2003, in the definition of plan numbered LEGL./02–062, omit "of the Department of Sustainability and Environment".
92Royal Children's Hospital (Land) Act 2007
In section 10(5)(b) of the Royal Children's Hospital (Land) Act 2007 omit "in the Department of Sustainability and Environment".
93Victorian Arts Centre Act 1979
(1)In section 3 of the Victorian Arts Centre Act 1979, in the definition of Centre, omit
"in the Department of Natural Resources and Environment".
(2)In section 20 of the Victorian Arts Centre Act 1979, in the definition of lodged plan, omit "in the Department of Natural Resources and Environment".
94Water Act 1989
In section 3(1) of the Water Act 1989, the definition of central plan office is repealed.

Part 13—Repeal of amending Act

95Repeal of amending Act
This Act is repealed on 1 May 2019.

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).

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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: 7 June 2017
Legislative Council: 7 September 2017

The long title for the Bill for this Act was "A Bill for an Act to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Environment Protection Act 1970, the Interpretation of Legislation Act 1984, the Mineral Resources (Sustainable Development) Act 1990, the National Parks Act 1975, the Reference Areas Act 1978, the Royal Botanic Gardens Act 1991, the Victorian Environmental Assessment Council Act 2001 and the Zoological Parks and Gardens Act 1995 to provide for the addition of the Anglesea Heath to the Great Otway National Park and to improve the administration of Crown land and for other purposes."