Untitled document
Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
No. 40 of 2009
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Crown Land (Reserves) Act 1978
3Definitions
4Provisions as to committees of management incorporated under section 14A
5Power of incorporated committees to lease land
6Powers of committees of management
7Powers of trustees or committees of managements
8New section 17AB inserted
17ABGovernor in Council may by Order confer certain leasing and licensing powers to Health Minister
9Licences for purposes other than those for which land is reserved
10New section 17BAA inserted
17BAALicence may be granted for term greater than 10 years in some circumstances
11New sections 17CA, 17CB and 17CC inserted
17CALeases for up to 65 years for other purposes
17CBParliamentary scrutiny of the leasing of certain land
17CCRole of committee of management for leases granted under section 17CA
12Leases for purposes other than those for which land is reserved
13Parliamentary scrutiny of certain proposals
14New section 17G inserted
17GLeases may provide for removal of buildings and restoration of land
15New Part 3A inserted
Part 3A—Tour Operator Licences
21AOffence to conduct organised tour or recreational activity on reserved land if unlicensed
21BGrant of tour operator licence
21CApplication for tour operator licence
21DRequirement to pay annual licence fees after grant of tour operator licence
21ETour operator licence conditions
21FContravention of condition an offence
21GVariation of tour operator licence
21HSuspension of tour operator licence
21IMaking submissions on suspension
21JCancellation of tour operator licence
16New section 31 inserted
31Tour operator licence regulations
17New Division 7 inserted in Part 6
Division 7—Further transitional provisions 2009 Act
69Definition
70Tour operator licences
Part 3—Amendment of the Forests Act 1958
18Definition
19Section 51 of the Forests Act 1958 substituted
51Leases of land in reserved forests
20Licences and permits with respect to forests
21New tour operator licence provisions
Tour operator licences
57EOffence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed
57FGrant of tour operator licence
57GApplication for tour operator licence
57HRequirement to pay annual licence fee after grant of tour operator licence
57ITour operator licence conditions
57JContravention of condition an offence
57KVariation of tour operator licence
57LSuspension of tour operator licence
57MMaking submissions on suspension
57NCancellation of tour operator licence
22Offences
23New section 100A inserted
100ATour operator licence regulations
24New section 101A inserted
101ATour operator licence offence
Part 4—Amendment of the Land Act 1958
25Definition
26Governor in Council may convey land under this Part
27Minister may lease Crown land under this subdivision
28Term of lease
29Terms and conditions
30New licensing provisions in relation to activity providers and tour operators inserted
Tour operator licences
140HOffence to conduct organised tour or recreational activity on Crown land if unlicensed
140IGrant of tour operator licence
140JApplication for tour operator licence
140KRequirement to pay annual fee on grant of tour operator licence
140LTour operator licence conditions
140MContravention of condition an offence
140NVariation of licence to operate as activity provider or tour operator on Crown land
140OSuspension of tour operator licence
140PMaking submissions on suspension
140QCancellation of tour operator licence
31New section 218 inserted
218Leases may provide for removal of buildings and restoration of land
32Reopening of licensed closed road or water frontage
33New section 413A inserted
413ATour operator licence regulations
34New Part XV inserted
Part XV—Transitional provisions
414Definition
415Leases for non-agricultural purposes
416Tour operator licence offence
Part 5—Amendment of the National Parks Act 1975
35Definition
36Secretary may grant certain permits etc.
37New Division 3A inserted in Part III
Division 3A—Tour operator licences
27COffence to conduct organised tour or recreational activity in a park if unlicensed
27DGrant of tour operator licence
27EApplication for tour operator licence
27FRequirement to pay annual fees after grant of tour operator licence
27GTour operator licence conditions
27HContravention of condition an offence
27IVariation of tour operator licence
27JSuspension of tour operator licence
27KMaking submissions on suspension
27LCancellation of tour operator licence
38Trades or businesses not to be carried on in parks unless authorised
39New section 48AA inserted
48AATour operator licence regulations
40New sections 76 and 77 inserted
76Definition
77Tour operator licences
Part 6—Amendment of the Wildlife Act 1975
41Definition
42New Part IIA inserted
Part IIA—Tour operator licences
21AOffence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed
21BGrant of tour operator licence
21CApplication for tour operator licence
21DRequirement to pay annual licence fee after grant of tour operator licence
21ETour operator licence conditions
21FContravention of condition an offence
21GVariation of tour operator licence
21HSuspension of tour operator licence
21IMaking submissions on suspension
21JCancellation of tour operator licence
43Mandatory cancellation of licences
44Consequential amendments
45New section 87A inserted
87ATour operator licence regulations
46New section 96 inserted
96Tour operator licence offence
Part 7—Amendment of the Coastal Management Act 1995
47Definition
48Contents of management plan
49Decision of Minister
Part 8—Amendment of Other Acts
Division 1—Amendment of Conservation, Forests and Lands Act 1987
50Secretary to be body corporate
51Secretary to be subject to control
Division 2—Amendment of Land (Revocations and Other Matters) Act 1991
52Revocation of reservation and Crown grant
53New section 12 inserted
12Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
Division 3—Amendment of Fraser National Park Act 1957
54Amendment of First Schedule
55New section 7 inserted
7Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
Part 9—Repeal of Amending Act
56Repeal of amending Act
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Endnotes
Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
No. 40 of 2009
[Assented to 5 August 2009]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are to amend—
(a)the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975 and the Wildlife Act 1975 to provide a licensing scheme for tour operators and activity providers on public land;
(b)the Crown Land (Reserves) Act 1978 and the Forests Act 1958 to increase the maximum lease term from 21 years to 65 years;
(c)the Crown Land (Reserves) Act 1978 to increase the maximum licence term from 3 years to 10 years;
(d)the Crown Land (Reserves) Act 1978 and the Land Act 1958 to provide for licence terms greater than 10 years in circumstances where the licensee holds a lease over adjacent land;
(e)the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the Coastal Management Act 1995, the Conservation, Forests and Lands Act 1987, the Land (Revocations and Other Matters) Act 1991 and the Fraser National Park Act 1957 to enhance the operation of those Acts generally.
2Commencement
(1)This Act, except sections 3(2), 15 to 18, 21 to 25, 30, 33 and Parts 5 and 6, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), sections 3(2), 15 to 18, 21 to 25, 30, 33 and Parts 5 and 6 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 July 2011, it comes into operation on that day.
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Part 2—Amendment of the Crown Land (Reserves) Act 1978
3Definitions
(1)Insert the following definition in section 3 of the Crown Land (Reserves) Act 1978—
"responsible Minister means—
(a)the Minister administering this Act; or
(b)if powers under this Act have been conferred on another Minister by Order under section 17AB, that Minister;".
(2)Insert the following definitions in section 3 of the Crown Land (Reserves) Act 1978—
"land manager, for the purposes of Part 3A, means—
(a)in relation to land reserved under section 4 that is managed by trustees or a committee of management, the trustees or committee of management; or
(b)in relation to land reserved under section 4 that is not managed by trustees or a committee of management, the Secretary;
tour operator licence means a licence granted under section 21B;".
4Provisions as to committees of management incorporated under section 14A
In section 14B(3) of the Crown Land (Reserves) Act 1978, for "Governor in Council" substitute "Minister".
5Power of incorporated committees to lease land
In section 14D(2) of the Crown Land (Reserves) Act 1978—
(a)in paragraph (a), after "years;" insert "and";
(b)paragraph (b) is repealed.
6Powers of committees of management
After section 15(9) of the Crown Land (Reserves) Act 1978 insert—
"(9A)This section applies to a committee of management of any land appointed under section 14 where the land in respect of which the committee is appointed is leased by the Minister under section 17CA and the management of the lease is conferred on the committee by the lease, to the extent that it is not inconsistent with the lease.".
7Powers of trustees or committees of managements
Section 17(2)(c)(i) of the Crown Land (Reserves) Act 1978 is repealed.
8New section 17AB inserted
After section 17A of the Crown Land (Reserves) Act 1978 insert—
"17AB Governor in Council may by Order confer certain leasing and licensing powers to Health Minister
(1)The Governor in Council, on the joint recommendation of the Minister and a Minister who administers a section of the Health Services Act 1988 (Health Minister) may, by Order, confer any one or more of the powers in respect of land reserved under section 4 that are set out in subsections (2) and (3) on the Health Minister.
(2)For the purposes of subsection (1), the following licensing powers may be conferred on the Health Minister where the land is managed by the trustees or a committee of management—
(a)the power to approve in writing the grant of, and purpose of, a licence under section 17B(1) to be granted by the trustees or a committee of management over that land in the Order; and
(b)the power to approve the terms and conditions to which a licence under section 17B to be granted by the trustees or a committee of management over the land is subject.
(3)For the purposes of subsection (1), the following leasing powers may be conferred on the Health Minister—
(a)where the land is managed by trustees or a committee of management—
(i)the power to approve in writing the grant of, and purpose of, a lease of land under section 17D to be granted by the trustees or committee of management over the land; and
(ii)the power to approve any covenants, exceptions, reservations and conditions as determined by the trustees or committee of management in relation to a lease of the land granted under section 17D;
(b)where there are no trustees or committee of management, the power to grant leases of land under section 17D(1A) for any purpose.
(4)An Order under subsection (1)—
(a)must be published in the Government Gazette; and
(b)takes effect on publication or a later date specified in the Order.
(5)An Order in Council under subsection (1) must specify—
(a)the land to which the Order applies;
(b)the powers in respect of the land, under section 17B or section 17D that are being conferred on the Health Minister;
(c)the period for which the Order will be in force.
(6)On and after the expiration or cancellation of powers conferred under an Order under this section, if there is in force immediately before the expiration or cancellation a lease or licence to which the Health Minister is a party, the Minister is taken to be substituted for the Health Minister as the party to the licence or lease.
(7)The Minister continues to have the powers conferred under this Act in respect of the land specified in an Order under this section to the extent that those powers are not conferred on the Health Minister.
(8)The committee of management must notify the Department of Sustainability and Environment of any licence or lease entered into pursuant to a power conferred by an Order under this section.
(9)The Minister must not exercise a power conferred by an Order under this section on the Health Minister in relation to land specified in the Order while that Order remains in force.".
9Licences for purposes other than those for which land is reserved
In section 17B(1) of the Crown Land (Reserves) Act 1978—
(a)for "the Minister" (wherever occurring) substitute "the responsible Minister";
(b)in paragraphs (a) and (b), for "three" substitute "10";
(c)paragraph (c)(i) is repealed;
(d)in paragraph (c)(ii), for "three" substitute "10";
(e)in paragraph (c)(iii), for "the Minister" substitute "the responsible Minister".
10New section 17BAA inserted
After section 17B of the Crown Land (Reserves) Act 1978 insert—
"17BAA Licence may be granted for term greater than 10 years in some circumstances
(1)Despite section 17B(1), where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval in writing of the Minister given in accordance with subsection (6), grant a licence under section 17B(1) if the proposed licensee is leasing—
(a)land adjacent to the land in respect of which the licence may be granted; and
(b)the adjacent land is under the management of the trustees or committee of management.
(2)A licence granted under subsection (1) may be for a period not exceeding whichever is the lesser of the following—
(a)21 years;
(b)the term of the lease granted in respect of the adjacent land.
(3)Despite section 17B(1), where there are no trustees or committee of management of land reserved under section 4, the Secretary or any person authorized by the Secretary may, with the approval in writing of the Minister given in accordance with subsection (6) grant a licence under section 17B(1) if the proposed licensee is leasing land adjacent to the land in respect of which the licence may be granted.
(4)A licence granted under subsection (3) may be for a period not exceeding whichever is the lesser of the following—
(a)21 years;
(b)the term of the lease granted in respect of the adjacent land.
(5)The trustees or committee of management in granting a licence under subsection (1), or the Secretary in granting a licence under subsection (3), must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease for the adjacent land.
(6)The Minister must not give approval under subsection (1) or (3) unless he or she is satisfied that the purpose for which the licence is to be granted is not detrimental to the purpose for which the land is reserved.".
11New sections 17CA, 17CB and 17CC inserted
After section 17C of the Crown Land (Reserves) Act 1978 insert—
"17CA Leases for up to 65 years for other purposes
(1)Subject to section 17CC(1), where land reserved under section 4 is managed by trustees or a committee of management, despite any vesting of the land in the trustees or committee of management, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—
(a)the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and
(b)the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and
(c)the granting of a longer term lease is in the public interest.
(2)Where there are no trustees or committee of management for land reserved under section 4, the Minister may lease any part of the land for a specific term that is more than 21 years, but not more than 65 years, if the Minister is satisfied that—
(a)the purpose for which the lease is to be granted is not detrimental to the purpose for which the land is reserved; and
(b)the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and
(c)the granting of a longer term lease is in the public interest.
(3)The Minister must not enter into a lease under subsection (1) or (2) in respect of any land that is—
(a)reserved for a purpose specified in section 4(1)(l), (m), (n) or (o); or
(b)specified in Part 1 or Part 3 of the Fifth Schedule.
(4)The Minister must not enter into a lease under subsection (1) or (2) of land that is—
(a)reserved for a purpose specified in section 4(1)(w) or (ze); or
(b)deemed by section 4(6) to be reserved for the protection of the coastline—
unless the Minister has, by determination, given notice of his or her intention to do so, and—
(c)the Minister has laid the determination before each House of Parliament; and
(d)the determination has not been disallowed by either House of Parliament.
(5)The Minister must publish a determination under subsection (4) in the Government Gazette.
(6)The Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (2), enter into an agreement to lease that land.
(7)If the Minister enters into an agreement to lease reserved land under subsection (6) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section.
17CBParliamentary scrutiny of the leasing of certain land
(1)A determination that is laid before each House of Parliament under section 17CA(4) is disallowed in whole or in part if—
(a)a notice of a resolution to disallow the determination is given in a House of the Parliament on or before the 5th sitting day of that House after the determination is laid before the House; and
(b)the resolution is passed by that House on or before the 10th sitting day of that House after the giving of the notice of the resolution.
(2)A notice under subsection (1) may be expressed to apply to the whole or to any part of the determination.
(3)A resolution that is passed under subsection (1) has effect according to its tenor.
(4)If a House of Parliament is prorogued or the Legislative Assembly is dissolved—
(a)the prorogation or dissolution does not affect the power of the House to pass a resolution under subsection (1); and
(b)the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.
17CCRole of committee of management for leases granted under section 17CA
(1)Before granting a lease of land under section 17CA(1), the Minister must consult with the trustees or committee of management for that land.
(2)If the Minister grants a lease of land under section 17CA(1), the lease may provide for the management of the lease to be carried out by the trustees or committee of management.
(3)A power to manage a lease that may be given to trustees or a committee of management under a lease under subsection (2)—
(a)does not extend to empowering the trustees or committee of management to vary, amend or terminate the lease;
(b)if the lease so provides, may extend to empowering the trustees or committee of management to collect any tolls, fees, rents, royalties or other charges that may be imposed in respect of the land.
(4)Any money collected or retained by trustees or a committee of management under the lease must be expended on the land in respect of which the money has been collected or retained.".
12Leases for purposes other than those for which land is reserved
(1)Insert the following heading to section 17D of the Crown Land (Reserves) Act 1978—
"Leases for up to 21 years for other purposes".
(2)For section 17D(1) of the Crown Land (Reserves) Act 1978 substitute—
"(1)Where land reserved under section 4 is managed by trustees or a committee of management, the trustees or committee of management may, with the approval of the responsible Minister under subsection (3), lease any part of the land for any purpose approved by the responsible Minister, for a specific term of not more than 21 years.
(1A)Where there are no trustees or committee of management of land reserved under section 4, the responsible Minister may lease any part of the land for a specific term of not more than 21 years.
(1B)The responsible Minister or the trustees or committee of management with the approval in writing of the responsible Minister may, for the purposes of entering into a lease of any reserved land under subsection (1) or (1A), enter into an agreement to lease that land.
(1C)If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section.".
(3)In section 17D(2) of the Crown Land (Reserves) Act 1978—
(a)for "Subsection (1) shall not apply to" substitute "A lease must not be entered into under subsection (1) or (1A) in relation to";
(b)in paragraph (a)(i), after "lease under subsection (1)" insert "or (1A)";
(c)in paragraph (a)(ii), for "the Minister" substitute "the responsible Minister".
(4)In section 17D(3) of the Crown Land (Reserves) Act 1978, after "The" insert "responsible".
(5)In section 17D(4) of the Crown Land (Reserves) Act 1978—
(a)paragraphs (a) and (b) are repealed;
(b)in paragraph (c), for "the Minister" (wherever occurring) substitute "the responsible Minister".
(6)In section 17D(5) of the Crown Land (Reserves) Act 1978 after "in subsection (1)" insert
"or (1A)".
(7)In section 17D(6) of the Crown Land (Reserves) Act 1978 after "under subsection (1)" insert
"or (1A)".
(8)In section 17D(7) of the Crown Land (Reserves) Act 1978—
(a)after "The" insert "responsible";
(b)after "under subsection (1)" insert "or (1A)".
(9)In section 17D(8) of the Crown Land (Reserves) Act 1978 after "under subsection (1)" insert
"or (1A)".
13Parliamentary scrutiny of certain proposals
(1)In section 17DA(3) of the Crown Land (Reserves) Act 1978 for "5, 6 and 6A of the Subordinate Legislation Act 1962" substitute "15, 22, 23 and 24 of the Subordinate Legislation Act 1994";
(2)For sections 17DA(3)(b) and 17DA(3)(c) of the Crown Land (Reserves) Act 1978 substitute—
'(b)in section 23(2)(a) of that Act for "18th" there were substituted "5th"; and
(c)in section 23(2)(b) of that Act for "12th" there were substituted "10th"; and'.
14New section 17G inserted
After section 17F of the Crown Land (Reserves) Act 1978 insert—
"17G Leases may provide for removal of buildings and restoration of land
A lease under this Act may provide that the lessor may require the lessee to undertake the removal of any building or structure on the land and the restoration of the site to the satisfaction of the lessor after the expiry of the lease.".
15New Part 3A inserted
After Part 3 of the Crown Land (Reserves) Act 1978 insert—
"Part 3A—Tour Operator Licences
21AOffence to conduct organised tour or recreational activity on reserved land if unlicensed
(1)A person must not conduct an organised tour or recreational activity for profit on land reserved under section 4 unless that person holds a tour operator licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)Subsection (1) does not apply to a person who conducts an activity on land reserved under section 4 and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
21BGrant of tour operator licence
(1)The land manager, with the approval of the Minister in writing, may grant a licence to a person to conduct an organised tour or recreational activity for profit on land reserved under section 4 to a person who has applied under section 21C.
(2)The land manager may grant a licence under subsection (1) for a period not exceeding 10 years.
21CApplication for tour operator licence
(1)A person may apply for a tour operator licence to the land manager of the land reserved under section 4 on which the proposed tour or recreational activity is to take place.
(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.
21DRequirement to pay annual licence fees after grant of tour operator licence
(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
21ETour operator licence conditions
A tour operator licence is subject to—
(a)any conditions determined by the land manager that are specified or referred to in the licence; and
(b)any prescribed conditions.
21FContravention of condition an offence
A holder of a tour operator licence must not contravene the conditions of the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
21GVariation of tour operator licence
(1)The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence.
(2)On receiving the application under subsection (1), the land manager may vary the licence or condition in accordance with the application.
(3)A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder.
(4)The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required.
(5)A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder.
21HSuspension of tour operator licence
(1)If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend a tour operator licence by notice in writing given to the holder of the licence.
(2)A suspension under this section has effect—
(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b)subject to section 21I, for the period (not exceeding 90 days) specified in the notice.
(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—
(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;
(b)specify a date or period by which the submissions must be made.
21IMaking submissions on suspension
(1)The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence.
(2)The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3)In carrying out a review under subsection (2), the land manager—
(a)must have regard to the submissions made under subsection (1); and
(b)may decide to continue, revoke or amend the suspension.
(4)The land manager must notify the person whose licence has been suspended of the outcome of review.
21JCancellation of tour operator licence
(1)The land manager may cancel a tour operator licence if the land manager is satisfied, on reasonable grounds, that—
(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b)the holder of the licence has contravened a condition of the licence.
(2)Before cancelling a tour operator licence, the land manager must—
(a)notify the holder that the land manager proposes to cancel the licence; and
(b)allow the holder of the licence an opportunity to make either oral or written submissions.
(3)Submissions under subsection (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel a tour operator licence, the land manager must—
(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b)must notify the holder of his or her decision.
(5)The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given.
__________________".
16New section 31 inserted
After section 30 of the Crown Land (Reserves) Act 1978 insert—
"31 Tour operator licence regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the fees payable in respect of tour operator licences including—
(i)requirements for fees to be paid annually; and
(ii)methods for calculating fees, including by reference to the following—
(A)numbers of persons that may participate in or have participated in tours; and
(B)classes of persons that may participate in or have participated in tours; and
(b)prescribing tour operator licence conditions.
(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)fees that vary according to the class of licence to which they apply;
(e)the manner of payment of fees, including the payment of fees by instalment;
(f)the time at which, or by which, fees are to be paid.
(3)Regulations made under this Act in respect of tour operator licences may—
(a)leave any matter or thing to be decided by a specified person or class of person; and
(b)provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and
(c)provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulation made under this section; and
(d)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.
(4)Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—
(a)may be expressed to apply either generally or specifically—
(i)in respect of certain matters or classes of matters;
(ii)in respect of certain persons or classes of persons;
(b)may be subject to specified conditions.".
17New Division 7 inserted in Part 6
After Division 6 of Part 6 of the Crown Land (Reserves) Act 1978 insert—
"Division 7—Further transitional provisions 2009 Act
69Definition
In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.
70Tour operator licences
(1)A person who conducts an organised tour or recreational activity for profit on land reserved under section 4 without a tour operator licence on or after the commencement of section 15 of the 2009 Act, is not guilty of an offence under section 21A if the person applies for a tour operator licence within 4 months from the commencement of section 15 of the 2009 Act.
(2)Subsection (1) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.".
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Part 3—Amendment of the Forests Act 1958
18Definition
Insert the following definition in section 3(1) of the Forests Act 1958—
"tour operator licence means a licence granted under section 57F.".
19Section 51 of the Forests Act 1958 substituted
For section 51 of the Forests Act 1958 substitute—
"51Leases of land in reserved forests
(1)The Minister may lease any Crown land in a reserved forest for a term of not more than 21 years for any purpose that the Secretary recommends.
(2)The Minister may lease any Crown land in a reserved forest for a term of more than 21 years but not more than 65 years, if the Minister is satisfied that—
(a)the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and
(b)the granting of a longer term lease is in the public interest.
(3)A lease under this section is subject to—
(a)the covenants, terms and conditions that are determined by the Minister; and
(b)the payment of royalties as determined by the Minister.
(4)The Minister may, for the purposes of entering into a lease of any Crown land in a reserved forest under this section, enter into an agreement to lease that land.
(5)If the Minister enters into an agreement to lease Crown land in a reserved forest under subsection (4) and the agreement to lease grants a right to occupy land for a period of time, that period and the period of any lease entered into consequent on the agreement must not, when added together, exceed the maximum lease term permitted under this section.".
20Licences and permits with respect to forests
For section 52(1) of the Forests Act 1958 substitute—
"(1)The Minister may grant a licence for a term of not more than 20 years, subject to any covenants, terms and conditions that may be prescribed, any additional covenants, terms and conditions that the Minister considers appropriate to impose in a particular case, and the payment of any rent, fees, royalties or charges that the Minister may determine.
(1A)A licence or permit granted under this section in respect of Crown land in a reserved forest may be for any one or more of the following purposes that is specified in the licence—
(a)to graze cattle;
(b)to graze cattle under agistment;
(c)to occupy an area of not more than 2000 hectares for the exclusive cutting of timber;
(d)to thin, cut and remove timber;
(e)to cut forest produce specified in the licence;
(f)to dig forest produce specified in the licence;
(g)to take away forest produce specified in the licence;
(h)to occupy for residence an area of not more than 0×4 hectares;
(i)any purpose for which a licence may be granted under Subdivision 2 of Division 9 of Part I of the Land Act 1958;
(j)any other purpose whatever relating to or connected with a state forest or forest produce.
(1B)A licence or permit granted under this section to enter protected forest may be for any one or more of the following purposes that is specified in the licence—
(a)to cut forest produce specified in the licence;
(b)to dig forest produce specified in the licence;
(c)to take away forest produce specified in the licence.
(1C)A licence or permit granted under this section to enter land set aside in section 50(1), may be for any one or more of the following purposes that is specified in the licence—
(a)to provide accommodation;
(b)to store goods and liquid fuels;
(c)to sell goods and liquid fuels;
(d)to erect ski lifts;
(e)to operate ski lifts;
(f)to provide any other facility or service which the Secretary considers appropriate.
(1D)A licence or permit to which subsection (1C) applies must not be for an area of more than 1×25 hectares unless the Minister has approved the granting of the licence or permit for a greater area.".
21New tour operator licence provisions
After section 57D of the Forests Act 1958 insert—
"Tour operator licences
57EOffence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed
(1)A person must not conduct an organised tour or recreational activity for profit on Crown land in a reserved forest unless that person holds a tour operator licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)Subsection (1) does not apply to a person who conducts an activity on Crown land in a reserved forest and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
57FGrant of tour operator licence
(1)The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit on Crown land in a reserved forest to a person who has applied under section 57G.
(2)The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years.
57GApplication for tour operator licence
(1)A person may apply for a tour operator licence to the Secretary in respect of the land on which the proposed tour or recreational activity is to take place.
(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 57F.
57HRequirement to pay annual licence fee after grant of tour operator licence
(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
57ITour operator licence conditions
A licence granted under section 57F is subject to—
(a)any conditions, determined by the Secretary, that are specified or referred to in the licence; and
(b)any prescribed conditions.
57JContravention of condition an offence
The holder of a tour operator licence must not contravene the conditions of the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
57KVariation of tour operator licence
(1)The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence.
(2)On receiving an application under subsection (1), the Secretary may vary the licence or condition in accordance with the application.
(3)A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder.
(4)The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required.
(5)A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder.
57LSuspension of tour operator licence
(1)If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence.
(2)A suspension under this section has effect—
(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b)subject to section 57M, for the period (not exceeding 90 days) specified in the notice.
(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—
(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 57M;
(b)specify a date or period by which the submissions must be made.
57MMaking submissions on suspension
(1)The holder of a tour operator licence whose licence has been suspended under section 57L may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence.
(2)The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3)In carrying out a review under subsection (2), the Secretary—
(a)must have regard to the submissions made under subsection (1); and
(b)may decide to continue, revoke or amend the suspension.
(4)The Secretary must notify the person whose licence has been suspended of the outcome of review.
57NCancellation of tour operator licence
(1)The Secretary may cancel a tour operator licence if the Secretary is satisfied on reasonable grounds that—
(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b)the holder of the licence has contravened a condition of the licence.
(2)Before cancelling a tour operator licence, the Secretary must—
(a)notify the holder of the licence that the Secretary proposes to cancel the licence; and
(b)allow the holder of the licence an opportunity to make either oral or written submissions.
(3)Submissions under subsection (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel a tour operator licence, the Secretary must—
(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b)must notify the holder of the Secretary's decision.
(5)The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.".
22Offences
For section 96(h) of the Forests Act 1958 substitute—
"(h)does or causes to be done any act, matter or thing (that is not an act, matter or thing to which section 57E applies), for which a licence (other than a tour operator licence) or permit may be issued under this Act, without that licence (other than a tour operator licence) or permit;".
23New section 100A inserted
After section 100 of the Forests Act 1958 insert—
"100A Tour operator licence regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the fees payable in respect of tour operator licences including—
(i)requirements for fees to be paid annually; and
(ii)methods for calculating fees, including by reference to the following—
(A)numbers of persons that may participate in or have participated in tours; and
(B)classes of persons that may participate in or have participated in tours; and
(b)prescribing tour operator licence conditions.
(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)fees that vary according to the class of licence to which they apply;
(e)the manner of payment of fees, including the payment of fees by instalment;
(f)the time at which, or by which, fees are to be paid.
(3)Regulations made under this Act in respect of tour operator licences may—
(a)leave any matter or thing to be decided by a specified person or class of person; and
(b)provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and
(c)provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and
(d)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.
(4)Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—
(a)may be expressed to apply either generally or specifically—
(i)in respect of certain matters or classes of matters;
(ii)in respect of certain persons or classes of persons;
(b)may be subject to specified conditions.".
24New section 101A inserted
After section 101 of the Forests Act 1958 insert—
"101ATour operator licence offence
(1)In this section—
2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.
(2)A person who conducts an organised tour or recreational activity for profit on Crown land in a reserved forest without a tour operator licence on or after the commencement of section 21 of the 2009 Act, is not guilty of an offence under section 57E if the person applies for a tour operator licence within 4 months from the commencement of section 21 of the 2009 Act.
(3)Subsection (2) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.".
__________________
Part 4—Amendment of the Land Act 1958
25Definition
Insert the following definition in section 2A of the Land Act 1958—
"tour operator licence means a licence granted under section 140I.".
26Governor in Council may convey land under this Part
(1)In the heading to section 12 of the Land Act 1958, after "Council" insert "or Minister".
(2)In section 12(1) of the Land Act 1958, after "Council" insert "or the Minister".
27Minister may lease Crown land under this subdivision
(1)After section 134(1) of the Land Act 1958 insert—
"(1A)The Minister may, for the purposes of entering into a lease of any Crown land under subsection (1), enter into an agreement to lease that land.
(1B)If the Minister enters an agreement to lease Crown land under subsection (1A) and the agreement to lease gives a right to occupy land for a period of time, that period and the period of any lease entered into consequent on that agreement must not, when added together, exceed the maximum lease term permitted under this subdivision.".
(2)In section 134(2) of the Land Act 1958, after "(1)" insert "or (1A)".
28Term of lease
(1)For section 137AA(3) of the Land Act 1958 substitute—
"(3)The Minister may grant a lease of land for commercial or industrial purposes under this subdivision for a term of more than 50 years but not more than 99 years if the Minister is satisfied that—
(a)a building or structure erected or to be erected on the land; or
(b)an improvement made or to be made on or to the land—
is of a substantial nature and of a value which justifies a lease term exceeding 50 years.".
(2)In section 137AA(4) of the Land Act 1958 omit "or in any other Act except this Act".
29Terms and conditions
At the end of section 140 of the Land Act 1958 insert—
"(2)Despite subsection (1), a licence granted under section 138 may be for a term exceeding 10 years if the proposed licensee is leasing land adjacent to the land in respect of which the person may be granted a licence and the adjacent land is managed under this Act.
(3)The term of the licence to which subsection (2) applies may be for a period not exceeding whichever is the lesser of the following—
(i)21 years;
(ii)the term of the lease granted in respect of the adjacent land.
(4)In granting a licence with a term exceeding 10 years under subsection (2), the person who grants the licence, must be satisfied that a licence term longer than 10 years is necessary to ensure the proposed licensee has continued use of the land in respect of which the licence would be granted for the duration of the lease over the adjacent land.".
30New licensing provisions in relation to activity providers and tour operators inserted
After section 140G of the Land Act 1958 insert—
"Tour operator licences
140HOffence to conduct organised tour or recreational activity on Crown land if unlicensed
(1)A person must not conduct an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act unless that person holds a tour operator licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)Subsection (1) does not apply to a person who conducts an activity on Crown land and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
140IGrant of tour operator licence
(1)The Minister or a person authorised by the Minister may grant a licence to a person to conduct an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act.
(2)The Minister or a person authorised by the Minister may grant a licence under subsection (1) for a period not exceeding 10 years.
140JApplication for tour operator licence
(1)A person may apply for a tour operator licence to the Minister or a person authorised by the Minister in respect of the land on which the proposed tour or recreational activity is to take place.
(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 140I.
140KRequirement to pay annual fee on grant of tour operator licence
(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
140LTour operator licence conditions
A tour operator licence is subject to—
(a)any conditions, determined by the Minister or a person authorised by the Minister that are specified or referred to in the licence; and
(b)any prescribed conditions.
140MContravention of condition an offence
A holder of a tour operator licence must not contravene the conditions of the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
140NVariation of licence to operate as activity provider or tour operator on Crown land
(1)The holder of a tour operator licence may apply to the Minister or a person authorised by the Minister for a variation of the licence or a condition of the licence.
(2)On receiving the application under subsection (1), the Minister or person authorised by the Minster may vary the licence or condition in accordance with the application.
(3)A variation made by the Minister or person authorised by the Minister under subsection (2) has effect on the Minister or person authorised by the Minister giving written notice of the variation to the licence holder.
(4)The Minister or a person authorised by the Minister may vary a tour operator licence, or vary a condition of that licence, of his or her motion if the Minister or the authorised person is of the opinion that a variation is required.
(5)A variation made by the Minister or a person authorised by the Minister under subsection (4) has effect on the Minister or authorised person giving written notice of the variation to the licence holder.
140OSuspension of tour operator licence
(1)If the Minister or a person authorised by the Minister is satisfied that there are reasonable grounds to do so, the Minister or authorised person may suspend a tour operator licence by notice in writing given to the holder of the licence.
(2)A suspension under this section has effect—
(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b)subject to section 140P, for the period (not exceeding 90 days) specified in the notice.
(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—
(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 140P;
(b)specify a date or period by which the submissions must be made.
140PMaking submissions on suspension
(1)The holder of a tour operator licence whose licence has been suspended under section 140O may make written submissions in respect of that suspension to the Minister or a person authorised by the Minister within the period specified in the notice of suspension of licence.
(2)The Minister or a person authorised by the Minister must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3)In carrying out a review under subsection (2), the Minister or a person authorised by the Minister—
(a)must have regard to the submissions made under subsection (1); and
(b)may decide to continue, revoke or amend the suspension.
(4)The Minister or a person authorised by the Minister must notify the person whose licence has been suspended of the outcome of review.
140QCancellation of tour operator licence
(1)The Minister or a person authorised by the Minister may cancel a tour operator licence if the Minister or authorised person is satisfied, on reasonable grounds, that—
(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b)the holder of the licence has contravened a condition of the licence.
(2)Before cancelling a tour operator licence, the Minister or a person authorised by the Minister must—
(a)notify the holder that he or she proposes to cancel the licence; and
(b)allow the holder of the licence an opportunity to make either oral or written submissions.
(3)Submissions under subsection (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel a licence, the Minister or authorised person must—
(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b)must notify the holder of his or her decision.
(5)The cancellation of a licence has effect from the time specified in the notice of the Minister or authorised person's decision under subsection (4), which must be after the day on which the notice is given.".
31New section 218 inserted
After section 217 of the Land Act 1958 insert—
"218 Leases may provide for removal of buildings and restoration of land
A lease under this Act may provide that the lessor may require the lessee to undertake the removal of any building or structure on the land and the restoration of the site to the satisfaction of the lessor after the expiry of the lease.".
32Reopening of licensed closed road or water frontage
In section 407(1) of the Land Act 1958—
(a)after "should be" insert "varied or";
(b)after "licensee," insert "vary or".
33New section 413A inserted
After section 413 of the Land Act 1958 insert—
"413A Tour operator licence regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the fees payable in respect of tour operator licences including—
(i)requirements for fees to be paid annually; and
(ii)methods for calculating fees, including by reference to the following—
(A)numbers of persons that may participate in or have participated in tours; and
(B)classes of persons that may participate in or have participated in tours; and
(b)prescribing tour operator licence conditions.
(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)fees that vary according to the class of licence to which they apply;
(e)the manner of payment of fees, including the payment of fees by instalment;
(f)the time at which, or by which, fees are to be paid.
(3)Regulations made under this Act in respect of tour operator licences may—
(a)leave any matter or thing to be decided by a specified person or class of person; and
(b)provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and
(c)provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and
(d)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.
(4)Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—
(a)may be expressed to apply either generally or specifically—
(i)in respect of certain matters or classes of matters;
(ii)in respect of certain persons or classes of persons;
(b)may be subject to specified conditions.".
34New Part XV inserted
After Part XIV of the Land Act 1958 insert—
"Part XV—Transitional provisions
414Definition
In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.
415Leases for non-agricultural purposes
Any lease granted under Subdivision 1 of Division 9 of Part I and in force immediately before the commencement of section 28 of the 2009 Act is, on and from that commencement, taken to be a lease that has always had effect as if section 137AA(3), as amended by section 28 of the 2009 Act, were enacted.
416Tour operator licence offence
(1)A person who conducts an organised tour or recreational activity for profit on Crown land that is not held under a lease under this Act without a tour operator licence on or after the commencement of section 30 of the 2009 Act, is not guilty of an offence under section 140H if the person has applied for a tour operator licence within 4 months from the commencement of section 30 of the 2009 Act.
(2)Subsection (1) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.
__________________".
__________________
Part 5—Amendment of the National Parks Act 1975
35Definition
Insert the following definition in section 3(1) of the National Parks Act 1975—
"tour operator licence means a licence granted under section 27D;".
36Secretary may grant certain permits etc.
(1)In section 21(1)(c) of the National Parks Act 1975 after "in the park" insert "other than a trade or business in the park to which Division 3A applies".
(2)At the foot of section 21(1) of the National Parks Act 1975 insert—
"Note
See Division 3A for the grant of tour operator licences to conduct organised tours or recreational activities in a park.".
37New Division 3A inserted in Part III
After Division 3 of Part III of the National Parks Act 1975 insert—
"Division 3A—Tour operator licences
27COffence to conduct organised tour or recreational activity in a park if unlicensed
(1)A person must not conduct an organised tour or recreational activity for profit in a park unless that person holds a tour operator licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)Subsection (1) does not apply to a person who conducts an activity in a park and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
27DGrant of tour operator licence
(1)The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit in a park to a person who has applied under section 27E.
(2)The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years.
27EApplication for tour operator licence
(1)A person may apply for a tour operator licence to the Secretary.
(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 27D.
27FRequirement to pay annual fees after grant of tour operator licence
(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
27GTour operator licence conditions
A tour operator licence is subject to—
(a)any conditions, determined by the Secretary, that are specified or referred to in the licence; and
(b)any prescribed conditions.
27HContravention of condition an offence
The holder of a tour operator licence must not contravene the conditions of the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
27IVariation of tour operator licence
(1)The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence.
(2)On receiving the application under subsection (1), the Secretary may vary the licence or condition in accordance with the application.
(3)A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder.
(4)The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required.
(5)A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder.
27JSuspension of tour operator licence
(1)If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence.
(2)A suspension under this section has effect—
(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b)subject to section 27K, for the period (not exceeding 90 days) specified in the notice.
(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—
(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 27K;
(b)specify a date or period by which the submissions must be made.
27KMaking submissions on suspension
(1)The holder of a tour operator licence whose licence has been suspended under section 27J may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence.
(2)The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3)In carrying out a review under subsection (2), the Secretary—
(a)must have regard to the submissions made under subsection (1); and
(b)may decide to continue, revoke or amend the suspension.
(4)The Secretary must notify the person whose licence has been suspended of the outcome of review.
27LCancellation of tour operator licence
(1)The Secretary may cancel a tour operator licence if the Secretary is satisfied, on reasonable grounds, that—
(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b)the holder of the licence has contravened a condition of the licence.
(2)Before cancelling a tour operator licence, the Secretary must—
(a)notify the holder that he or she proposes to cancel the licence; and
(b)allow the holder of the licence an opportunity to make either oral or written submissions.
(3)Submissions under subsection (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel a tour operator licence, the Secretary must—
(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b)must notify the holder of the Secretary's decision.
(5)The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.".
38Trades or businesses not to be carried on in parks unless authorised
At the end of section 43 of the National Parks Act 1975 insert—
"(2)In this section—
"trade or business does not include a trade or business to which Division 3A of Part III applies.".
39New section 48AA inserted
(1)After section 48 of the National Parks Act 1975 insert—
"48AA Tour operator licence regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the fees payable in respect of tour operator licences including—
(i)requirements for fees to be paid annually; and
(ii)methods for calculating fees, including by reference to the following—
(A)numbers of persons that may participate in or have participated in tours; and
(B)classes of persons that may participate in or have participated in tours; and
(b)prescribing tour operator licence conditions.
(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)fees that vary according to the class of licence to which they apply;
(e)the manner of payment of fees, including the payment of fees by instalment;
(f)the time at which, or by which, fees are to be paid.
(3)Regulations made under this Act in respect of tour operator licences may—
(a)provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and
(b)provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and
(c)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.
(4)Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—
(a)may be expressed to apply either generally or specifically—
(i)in respect of certain matters or classes of matters;
(ii)in respect of certain persons or classes of persons;
(b)may be subject to specified conditions.".
40New sections 76 and 77 inserted
After section 75 of the National Parks Act 1975 insert—
"76 Definition
In this Part, 2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.
77Tour operator licences
(1)A person who conducts an organised tour or recreational activity for profit in a park without a tour operator licence on or after the commencement of section 37 of the 2009 Act, is not guilty of an offence under section 27C if the person applies for a tour operator licence within 4 months from the commencement of section 37 of the 2009 Act.
(2)Subsection (1) applies to a person referred to under that subsection who makes the tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.".
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Part 6—Amendment of the Wildlife Act 1975
41Definition
Insert the following definition in section 3(1) of the Wildlife Act 1975—
"tour operator licence means a licence granted under section 21B;".
42New Part IIA inserted
After Part II of the Wildlife Act 1975 insert—
"__________________
Part IIA—Tour operator licences
21AOffence to conduct organised tour or recreational activity on State Wildlife Reserve if unlicensed
(1)A person must not conduct an organised tour or recreational activity for profit on a State Wildlife Reserve unless that person holds a tour operator licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)Subsection (1) does not apply to a person who conducts an activity on a State Wildlife Reserve and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.
(3)On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).
21BGrant of tour operator licence
(1)The Secretary may grant a licence to a person to conduct an organised tour or recreational activity for profit on a State Wildlife Reserve to a person who has applied under section 21C.
(2)The Secretary may grant a licence under subsection (1) for a period not exceeding 10 years.
21CApplication for tour operator licence
(1)A person may apply for a tour operator licence to the Secretary in respect of the land on which the proposed tour or recreational activity is to take place.
(2)An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.
(3)The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 21B.
21DRequirement to pay annual licence fee after grant of tour operator licence
(1)If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.
(2)A licence fee to which subsection (1) applies is payable at the time specified in the regulations.
21ETour operator licence conditions
A licence granted under section 21B is subject to—
(a)any conditions, determined by the Secretary, that are specified or referred to in the licence; and
(b)any prescribed conditions.
21FContravention of condition an offence
A holder of a tour operator licence must not contravene the conditions of the licence.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
21GVariation of tour operator licence
(1)The holder of a tour operator licence may apply to the Secretary for a variation of the licence or a condition of the licence.
(2)On receiving the application under subsection (1), the Secretary may vary the licence or condition in accordance with the application.
(3)A variation made by the Secretary under subsection (2) has effect on the Secretary giving written notice of the variation to the licence holder.
(4)The Secretary may vary a tour operator licence, or vary a condition of that licence, of the Secretary's own motion if the Secretary is of the opinion that a variation is required.
(5)A variation made by the Secretary under subsection (4) has effect on the Secretary giving written notice of the variation to the licence holder.
21HSuspension of tour operator licence
(1)If the Secretary is satisfied that there are reasonable grounds to do so, the Secretary may suspend the tour operator licence by notice in writing given to the holder of the licence.
(2)A suspension under this section has effect—
(a)from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and
(b)subject to section 21I, for the period (not exceeding 90 days) specified in the notice.
(3)In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—
(a)state that the holder of the tour operator licence may make submissions regarding the suspension under section 21I;
(b)specify a date or period by which the submissions must be made.
21IMaking submissions on suspension
(1)The holder of a tour operator licence whose licence has been suspended under section 21H may make written submissions in respect of that suspension to the Secretary within the period specified in the notice of suspension of licence.
(2)The Secretary must review the decision to suspend the licence on receipt of any submissions made under subsection (1).
(3)In carrying out a review under subsection (2), the Secretary—
(a)must have regard to the submissions made under subsection (1); and
(b)may decide to continue, revoke or amend the suspension.
(4)The Secretary must notify the person whose licence has been suspended of the outcome of review.
21JCancellation of tour operator licence
(1)The Secretary may cancel a tour operator licence if the Secretary is satisfied, on reasonable grounds, that—
(a)the holder of the licence has been found guilty of an offence against this Act or the regulations; or
(b)the holder of the licence has contravened a condition of the licence.
(2)Before cancelling a tour operator licence, the Secretary must—
(a)notify the holder of the licence that he or she proposes to cancel the licence; and
(b)allow the holder of the licence an opportunity to make either oral or written submissions.
(3)Submissions under subsection (2) must be made within the period specified in the notice.
(4)In making a decision as to whether or not to cancel a tour operator licence, the Secretary must—
(a)have regard to any submissions made under subsection (2) within the period specified in the notice; and
(b)must notify the holder of the Secretary's decision.
(5)The cancellation of a licence has effect from the time specified in the notice of the Secretary's decision under subsection (4), which must be after the day on which the notice is given.".
43Mandatory cancellation of licences
In section 25A(4) of the Wildlife Act 1975—
(a)in paragraph (a), after "Act" insert "(other than a tour operator licence)";
(b)in paragraph (b), after "Act" insert "(other than a tour operator licence)".
44Consequential amendments
In sections 25B(1), 25C(1) and 25D(1) of the Wildlife Act 1975, after "licence" (where first occurring) insert "under this Part".
45New section 87A inserted
After section 87 of the Wildlife Act 1975 insert—
"87A Tour operator licence regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the fees payable in respect of tour operator licences including—
(i)requirements for fees to be paid annually; and
(ii)methods for calculating fees, including by reference to the following—
(A)numbers of persons that may participate in or have participated in tours; and
(B)classes of persons that may participate in or have participated in tours; and
(b)prescribing tour operator licence conditions.
(2)A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—
(a)specific fees;
(b)maximum fees;
(c)minimum fees;
(d)fees that vary according to the class of licence to which they apply;
(e)the manner of payment of fees, including the payment of fees by instalment;
(f)the time at which, or by which, fees are to be paid.
(3)Regulations made under this Act in respect of tour operator licences may—
(a)leave any matter or thing to be decided by a specified person or class of person; and
(b)provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and
(c)provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and
(d)provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.
(4)Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—
(a)may be expressed to apply either generally or specifically—
(i)in respect of certain matters or classes of matters;
(ii)in respect of certain persons or classes of persons;
(b)may be subject to specified conditions.".
46New section 96 inserted
After section 95 of the Wildlife Act 1975 insert—
"96 Tour operator licence offence
(1)In this section—
2009 Act means the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009.
(2)A person who conducts an organised tour or recreational activity for profit on a State Wildlife Reserve without a tour operator licence on or after the commencement of section 42 of the 2009 Act, is not guilty of an offence under section 21A if the person applies for a tour operator licence within 4 months from the commencement of section 42 of the 2009 Act.
(3)Subsection (2) applies to a person referred to in that subsection who makes a tour operator licence application referred to in that subsection until the tour operator licence application of the person is finally determined.".
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Part 7—Amendment of the Coastal Management Act 1995
47Definition
Insert the following definition in section 3(1) of the Coastal Management Act 1995—
"relevant coastal recommendation means—
(a)a recommendation of the Victorian Environmental Assessment Council relating to coastal Crown land that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001; or
(b)a recommendation of the Land Conservation Council relating to coastal Crown land under section 5(1) of the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force), where the recommendation does not relate to land that is the subject of a recommendation to which paragraph (a) applies;".
48Contents of management plan
For section 31(2)(c) of the Coastal Management Act 1995 substitute—
"(c)any relevant coastal recommendation.".
49Decision of Minister
For section 40(2)(c) of the Coastal Management Act 1995 substitute—
"(c)any relevant coastal recommendation.".
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Part 8—Amendment of Other Acts
Division 1—Amendment of Conservation, Forests and Lands Act 1987
50Secretary to be body corporate
In section 6(1) of the Conservation, Forests and Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment".
51Secretary to be subject to control
In section 7(4) of the Conservation, Forests and Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment".
Division 2—Amendment of Land (Revocations and Other Matters) Act 1991
52Revocation of reservation and Crown grant
In section 6(2) of the Land (Revocations and Other Matters) Act 1991, for "693" substitute "363".
53New section 12 inserted
After section 11 of the Land (Revocations and Other Matters) Act 1991 insert—
"12 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
The reference to Crown grant Volume 1347 Folio 693 in section 6(2) is taken to have always been a reference to Crown grant Volume 1347 Folio 363.".
Division 3—Amendment of Fraser National Park Act 1957
54Amendment of First Schedule
In the fourth item of the First Schedule to the Fraser National Park Act 1957, for "651" substitute "651A".
55New section 7 inserted
After section 6 of the Fraser National Park Act 1957 insert—
"7 Effect of amendment made by Crown Land Acts Amendment (Lease and Licence Terms) Act 2009
The reference to Crown Grant Volume 6989 Folium 651 in the Title of the fourth item in the First Schedule is taken to have always been a reference to Crown Grant Volume 6989 Folium 651A.".
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Part 9—Repeal of Amending Act
56Repeal of amending Act
This Act is repealed on 1 July 2012.
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
Minister's second reading speech—
Legislative Assembly: 7 May 2009
Legislative Council: 24 June 2009
The long title for the Bill for this Act was "A Bill for an Act to amend the Crown Land (Reserves) Act 1978, the Forests Act 1958, the Land Act 1958, the National Parks Act 1975, the Wildlife Act 1975, the Coastal Management Act 1995 and other Acts and for other purposes."
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