Untitled document
Victorian Plantations Corporation (Amendment)
Act 1998
Act No. 35/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2 3. Principal Act 2 PART 2—AMENDMENTS TO VICTORIAN PLANTATIONS
CORPORATION ACT 1993 3
4. New section 5A inserted 3
5A. Application of State Owned Enterprises Act 1992 to
Corporation 3
5. New section 8E inserted 3
8E. Closure of roads 3
6. New sections 8F, 8G and 8H inserted 4
8F. Divesting of land from Corporation 4 8G. Removal of reservations 4 8H. Additional vesting of plantations 5
7. Vested land 6 8. New Part 3A inserted 6 PART 3A—PLANTATION LICENCES 6 Division 1—Definitions 6
27A. Definitions 6
Division 2—Licences 7
27B. Grant of licence for forestry business 7 27C. Assignment of licence 8 27D. Application of Act to licensee 9 27E. Application of other enactments to licensee 9 27F. Power of licensee to construct roads 10 27G. Issue of Crown grant on surrender of licence 10 27H. Cancellation of licence at request of licensee 10 27I. Cancellation of licence by Governor in Council 11 27J. No compensation 12
i
Section Page
Division 3—Registrar and register 12
27K. Appointment of registrar 12 27L. Functions of registrar 12 27M. Effect of registration 13 27N. Creation etc. of interests in licences 14 27O. Devolution of rights of licensee 14 27P. Correction of register 14 27Q. Disclosure of registered information 15 27R. Survey standards 16 27S. Evidence 16 27T. Offence 16
9. New section 33A inserted 16
33A. Regulations 16
10. New Part 5 substituted 17 PART 5—TRANSFER OF CERTAIN PROPERTY AND STAFF OF CORPORATION 17 Division 1—Introductory 17
34. Definitions and application 17 35. Power to dispose of business undertaking 19 36. Treasurer may be party to agreements 20
Division 2—Allocation of property 20
37. Corporation to prepare allocation statement 20 38. Certificate of chief executive officer 21
Division 3—Transfer of property 22
39. Property transferred 22 40. Allocation of property etc. subject to encumbrances 22 41. Value of transferred property 23 42. Substitution of party to agreement 23 43. Corporation instruments 24 44. Proceedings 24 45. Interests in land 24 46. Amendment of Register 25 47. Evidence 26 48. Validity of things done under this Part 26
Division 4—Staff 27
49. List of Corporation staff 27 50. Transfer of Corporation staff 28 51. Future terms and conditions of transferred employees 29
11. New Schedules 5, 6, 7 and 8 inserted 29
PART 3—AMENDMENTS TO OTHER ACTS 54
ii
Section Page
12. Amendment of Catchment and Land Protection Act 1994 54 13. Amendment of Conservation, Forests and Lands Act 1987 54 14. Amendment of Extractive Industries Development Act 1995 57 15. Amendment of Forests Act 1958 57 16. Amendment of Land Tax Act 1958 58 17. Amendment of Local Government Act 1989 58 18. Amendment of Mineral Resources Development Act 1990 58 19. Amendment of Petroleum Act 1958 59 20. Amendment of Pipelines Act 1967 59 21. Amendment of Water Act 1989 60
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NOTES 62
iii
Victoria
No. 35 of 1998
Victorian Plantations Corporation
(Amendment) Act 1998†
[Assented to 19 May 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a) to amend the Victorian Plantations Corporation Act 1993— (i) to provide for the sale of the forestry business of the Victorian Plantations Corporation; and
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 2 (ii) to permit the granting of perpetual licences for land vested in the Victorian Plantations Corporation; and
(b)
to amend various other Acts in relation to their application to land vested in the Victorian Plantations Corporation and licensees of that land.
2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2000 it
comes into operation on that day.
3. Principal Act
In this Act, the Victorian Plantations
No. 61/1993. Reprint No. 1
Corporation Act 1993 is called the Principal Act. as at
12 September1996.
_______________
Victorian Plantations Corporation (Amendment) Act 1998
| s. 4 | Act No. 35/1998 |
PART 2—AMENDMENTS TO VICTORIAN PLANTATIONS
CORPORATION ACT 1993
4. New section 5A inserted
After section 5 of the Principal Act insert—
"5A. Application of State Owned Enterprises Act
1992 to Corporation
Despite anything to the contrary in the State
Owned Enterprises Act 1992—
(a)
the board of directors of the Corporation may consist of 2, 3 or 4 directors; and
(b)
if the Treasurer so determines, the board is not required to prepare a corporate plan in respect of a year; and
(c)
sections 22 and 34 of that Act apply as if a reference in those sections to 2 or more directors were a reference to one or more directors.".
5. New section 8E inserted
After section 8D of the Principal Act insert—
"8E. Closure of roads
(1) By force of this section, on the
commencement of section 5 of the Victorian
Plantations Corporation (Amendment)Act 1998—
(a) the following lands are closed as roads— (i) the land coloured yellow on the plans listed in Part 1 of Schedule 5; and
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 6 (ii) LEGL/98-16 lodged at the Central
the land coloured purple on plan ordination Act 1958; and
(iii) the land shown hatched on the plans listed in Part 2 of Schedule 5; and
(b)
all rights, easements and privileges (existing or claimed in the land by the public or by any body or person as incident to any express or implied grant or past or supposed dedication or by user, operation of law or otherwise) cease; and
(c)
the land is deemed to be unalienated land of the Crown and is discharged from any reservation affecting it; and
(d) the land vests in the Corporation.".
6. New sections 8F, 8G and 8H inserted
Before section 9 of the Principal Act insert—
"8F. Divesting of land from Corporation
commencement of section 6 of the Victorian
Plantations Corporation (Amendment)By force of this section, upon the in Schedule 6 on a certified plan listed in that Schedule divests from the Corporation and reverts to the Crown as unalienated Crown land. 8G. Removal of reservations (1) This section applies to—
(a)
the land shown hatched on a plan listed in Part 1 of Schedule 7; and
Victorian Plantations Corporation (Amendment) Act 1998
| s. 6 | Act No. 35/1998 |
(b) the land in each Crown Allotment listed in Part 2 of Schedule 7 on a certified plan listed in that Part of that Schedule; and (c) LEGL/97-175 and LEGL/98-16 lodged
the land coloured red on plans Survey Co-ordination Act 1958; and
(d) the land described on certified plans CP 117826 and CP 117803 lodged at the Central Plan Office under the Survey Co-ordination Act 1958.
(2) By force of this section, upon the
Plantations Corporation (Amendment)
commencement of section 6 of the Victorian applies—
(a) ceases to be subject to any permanent under the Crown Land (Reserves) Act 1978; and
(b) ceases to be reserved forest; and
(c) except as otherwise provided in this Act, ceases to be subject to the Forests Act 1958; and (d) is deemed to be unalienated land of the Crown. 8H. Additional vesting of plantations (1) By force of this section, upon the
commencement of section 6 of the Victorian in Schedule 8 on a certified plan listed in that
Plantations Corporation (Amendment)
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 7 Schedule which is not already vested in the
Corporation, vests in the Corporation.
(2) In determining the land in a Crown
Allotment for the purposes of sub-section (1), any notation on a certified plan listed in Schedule 8 to the effect that the plan is subject to road closures or subject to divestment from the Corporation or subject to the excision of land or subject to the creation of an easement (however described) is to be disregarded.".
7. Vested land
In section 9 of the Principal Act, after sub-section
(3) insert—
"(3A) Section 4(1) of the Crown Land (Reserves) Act 1978 does not apply to vested land.".
8. New Part 3A inserted
After Part 3 of the Principal Act insert—
'PART 3A—PLANTATION LICENCES
Division 1—Definitions
27A. Definitions
In this Part—
"plantation purposes" means—
(a) the establishment, maintenance or
management of a timber
plantation; and(b)
the taking or conversion of forest produce—
and the doing of any thing necessary or
convenient to be done for or in connection
with, or incidental to, paragraph (a) or (b);
Victorian Plantations Corporation (Amendment) Act 1998
| s. 8 | Act No. 35/1998 |
"licence" means a licence granted under this
Part;
"licensed land" means land which is subject
to a licence;
"licensee" includes an assignee of an
interest in a licence and any person to
whom an interest in a licence comes by
operation of law;
"register" means the register of plantation licences kept under this Part;
"registered" means registered in the register of plantation licences;
"registrar" means the registrar of plantation licences appointed under this Part;
"Tribunal" means Administrative Appeals
Tribunal established under the
Administrative Appeals Tribunal Act
1984.
Division 2—Licences
27B. Grant of licence for forestry business
(1) Without limiting section 20(2), the
Corporation may grant a perpetual licence over all or any part of vested land—
(a)
to establish, maintain and manage timber plantations on that land; and
(b)
to take or convert forest produce on that land—
and to do all other things necessary or
convenient to be done for or in connection
with, or as incidental to, paragraph (a) or (b).
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 8 (2) Despite section 22, on the granting of a
licence under this section over vested land, forest produce on that vested land becomes the property of the licensee.
(3) The Treasurer may give written directions to the Corporation in relation to the granting of a licence under this section.
(4) The Corporation must comply with a
direction of the Treasurer under this section.
(5) A licence may be granted on any terms thatare agreed between the Corporation and the
person to whom it is granted, including terms
setting out the circumstances in which the
licence may be cancelled and terms
providing for rights of access over the
licensed land.(6) The Corporation and a licensee may by agreement vary the terms of a licence.
(7) If a licence is cancelled or surrendered under this Act the ownership of the forest produce on the licensed land reverts to the
Corporation.
27C. Assignment of licence
(1) A licensee may assign the whole or part of
the licensee's interest in a licence in
accordance with the terms of the licence.
(2) A licensee must give the Minister at least
28 days written notice before an assignment
of the licensee's interest in a licence.
(3) Despite anything in any Act or law to the
contrary, an assignment of part of a
licensee's interest in a licence under this
section is deemed not to be a subdivision of
the land.
Victorian Plantations Corporation (Amendment) Act 1998
| s. 8 | Act No. 35/1998 |
27D. Application of Act to licensee
(1) Sections 9(4), 10, 12 and 13 apply in relation
to licensed land, as if in those sections a
reference to the Corporation were a reference
to the licensee.
(2) If a licence is granted in respect of land benefited by an easement referred to in section 13A, that section applies as if in that
section a reference to the Corporation
included a reference to the licensee.(3) Sections 5(a), 11, 14, 16, 17, 20(2) and 26 do not apply to licensed land.
(4) If a licence is granted in respect of vested land to which section 17A applies—
(a)
the licensee must ensure that on completion of the final harvest of the land before the land reverts to the Crown under that section—
(i) has been harvested is treated to a
sufficient extent to enable the
successful seeding of eucalyptthe land from which the timber locality; and
(ii) that land is seeded with those species; and
(b)
the licence is cancelled to the extent that it relates to that land when the land reverts to the Crown under section 17A(1).
27E. Application of other enactments to licensee
(1) Despite anything to the contrary in the
Water Act 1989, a licensee of licensed land
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 8 is liable to pay rates, levies, fees, charges
and costs under that Act as if—
(a) the land was not Crown land; and
(b) the licensee was the owner of the land.
(2) A licensee must comply with any relevant
approved code of practice under Part 5 of the Conservation, Forests and Lands Act 1987 in relation to the licensed land and to forest
produce on the licensed land as if the landwas private land.
27F. Power of licensee to construct roads
A licensee may construct roads on licensed land.
27G. Issue of Crown grant on surrender of
licence
(1) If vested land which was formerly licensed land is surrendered to the Crown under this Act, the Governor in Council, on behalf of the Crown, may grant that land to the former
licensee of the land for an estate in fee
simple.(2) A Crown grant under this section is subject
to any terms, conditions, covenants,
exceptions, reservations and limitations that
the Governor in Council may determine.
(3) A Crown grant under this section may make
any adjustments necessary to correct any
defect in boundaries found on survey.
27H. Cancellation of licence at request of
licensee
(1) A licensee may apply to the Corporation for the cancellation of a licence as to the whole or part of the vested land to which the
licence applies.
Victorian Plantations Corporation (Amendment) Act 1998
| s. 8 | Act No. 35/1998 |
(2) The Corporation, with the approval of the Minister, may cancel the licence.
27I. Cancellation of licence by Governor in
Council
(1) If the Minister determines that vested land to
which a licence applies is no longer used
solely for plantation purposes, the Minister
may recommend to the Governor in Council
that the licence be cancelled to the extent
that it applies to that land.
(2) The Minister must, at least 90 days before
making a recommendation under sub-section
(1), give notice—
(a) to the licensee; and
(b)
to any other person appearing from the register to have an interest in the licence or the forest produce on the licensed land.
(3) The notice must—
(a) set out the reasons for the proposed recommendation; and (b) state that the person may make a submission to the Minister on the proposed recommendation within the period (not being less than 60 days after
the date of the notice) set out in the
notice; and(c) state that if the recommendation is accepted the licence will be cancelled to the extent that it relates to the affected land. (4) Before making a recommendation under sub-
section (1), the Minister must give an
opportunity to be heard to any person to
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 8 whom a notice is given under sub-section (2)
who makes a submission within the periodset out in the notice.
27J. No compensation
No compensation is payable by the Crown or the Corporation in respect of the cancellation of a licence under this Part.
Division 3—Registrar and register
27K. Appointment of registrar
There is to be a registrar of plantation
licences appointed or employed under thePublic Sector Management Act 1992.
27L. Functions of registrar
(1) The registrar must establish and maintain a register of plantation licences.
(2) The registrar must keep the register in the
manner he or she considers appropriate.(3) The registrar must register the following
documents—
(a) licences granted under this Part;
(b) instruments of cancellation of licences;
(c) instruments for creating, assigning or affecting interests in, or conferred by, licences; (d) instruments for the devolution of licences or interests in, or conferred by, licences; (e) any document required under the 1987 to be registered on the register;
(f) any other prescribed documents.
Victorian Plantations Corporation (Amendment) Act 1998
| s. 8 | Act No. 35/1998 |
(4) The registrar must—
(a) requires the prescribed information
record in the register as the case under sub-section (3); and
(b)
endorse on the document and in the register the date and time of registration; and
(c)
record in the register any other information required under this Act or any other Act to be recorded in the register.
(5) The registrar may—
(a) approve forms of documents referred to in sub-section (3) for registration; and (b) register a document by registering either the original or a copy; and (c) determine the form of an extract from the register. (6) The registrar may refuse to accept for
registration any document referred to in sub-
section (3) that does not contain the
prescribed information or that is not in an
approved form.
27M. Effect of registration
(1) A licence or an instrument of cancellation of a licence has no effect until it is registered.
(2) An instrument referred to in section
27L(3)(c) or (d) is ineffective for creating,
assigning or affecting any interest in or
conferred by a licence, or for the devolution
of a licence or any interest in or conferred by
a licence, until it is registered.
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 8 (3) A licence when registered is not invalid only
because of any defect or irregularity (other
than one resulting from fraud) in any
application or process leading up to the grant
of the licence.
(4) The registrar must make sure that documents relating to the same licence are registered in the order in which they are lodged for
registration.
(5) The approval or registration of a document does not give any right, interest or dealing that is evidenced by that document any force
or effect that the right, interest or dealing
would not have had if this Division had notbeen enacted.
27N. Creation etc. of interests in licences
A purported creation or assignment of an interest in, or conferred by, a licence, and any purported dealing affecting an interest in, or conferred by, a licence, has no effect until an instrument in a form approved by the
registrar evidencing the creation, assignment
or other dealing is registered.
27O. Devolution of rights of licensee
(1) The devolution of any rights under a licence, or any interest in, or conferred by, a licence, that would, but for this section, occur by
operation of law has no effect until an instrument in a form approved by the registrar evidencing the devolution is registered.
(2) Sub-section (1) applies despite anything in any Act or rule of law to the contrary.
27P. Correction of register
Victorian Plantations Corporation (Amendment) Act 1998
| s. 8 | Act No. 35/1998 |
(1) The registrar may correct any error or omission in the register by—
(a) inserting an entry; or
(b) amending an entry; or(c) omitting an entry—
if he or she decides that the correction is
necessary.(2) The registrar may make the correction on his
or her initiative or on the application of any
person.
(3) The registrar must notify the licensee of any
correction made under this section that
affects the licence.
(4) A person whose interests are affected by a
decision of the registrar about correcting the register may apply to the Tribunal for review of that decision.
(5) The registrar must make any correction to the register that is necessary to implement the decision of the Tribunal.
27Q. Disclosure of registered information
(1) The registrar must—
(a) allow access at all reasonable times to the register; and (b) provide information from the register recorded under section 27L(4); and (c) provide a copy of a registered licence— to any person who pays the prescribed fee (if any).
(2) The registrar may provide information to a prescribed person in connection with—
(a) the establishment of; or
Victorian Plantations Corporation (Amendment) Act 1998
s. 8
s. 9
Act No. 35/1998
(b) the operation of; or
(c) the satisfaction of enquiries to—the integrated computerised information retrieval project, relating to information about land, its ownership and use, that is known as Landata.
27R. Survey standards
The registrar may, subject to the regulations, specify standards for surveys and the circumstances in which surveys must be carried out before documents will be registered.
27S. Evidence
A certificate purporting to be issued by the registrar certifying as to any matter that appears in or can be ascertained from the register or other records kept by the registrar under this Part is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
27T. Offence
A person must not knowingly make, or cause
or allow to be made, a false or unauthorised
entry in the register.Penalty: 100 penalty units.'.
9. New section 33A inserted
After section 33 of the Principal Act insert—
"33A. Regulations
The Governor in Council may make regulations for or with respect to any matter or thing required or permitted to be
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998
prescribed or necessary to be prescribed to
give effect to this Act.".
10. New Part 5 substituted
For Part 5 of the Principal Act substitute—
'PART 5—TRANSFER OF CERTAIN
PROPERTY AND STAFF OF CORPORATION
Division 1—Introductory
34. Definitions and application
(1) In this Part—
"chief executive officer" means chief
executive officer of the Corporation;
"Corporation instrument" means an
instrument (including a legislative
instrument other than this Act)
subsisting immediately before therelevant date—
(a)
to which the Corporation was a party; or
(b)
that was given to or in favour of the Corporation; or
(c) that refers to the Corporation; or
(d) under which—
(i) money is, or may become, Corporation; or
(ii) other property is to be, or may become liable to be,
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10 transferred to or by the
Corporation;"Corporation transferee", in relation to
former Corporation property, means the
person to which the property has been
transferred under this Part;
"former Corporation property" means
property, rights or liabilities of the vested in, or become liabilities of another person; "liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective;
"new employer", in relation to a transferred
Corporation employee, means the
person by which, by virtue of section
50, the transferred Corporation
employee is regarded as being
employed with effect from the relevant
date;
"property" means any legal or equitable estate or interest (whether present or future and whether vested or
contingent) in real or personal property
of any description;
"relevant date"—
(a) statement or property, rights or
liabilities allocated under an
allocation statement, means thein relation to an allocation sub-section (2) for the purposes of that statement;
Victorian Plantations Corporation (Amendment) Act 1998
| s. 10 | Act No. 35/1998 |
(b) in relation to a document referred to in section 49(1), means a date fixed by the Treasurer under sub- section (2) for the purposes of that document; "transferred Corporation employee" means a person who, by virtue of section 50, is regarded as being
employed by a new employer with
effect from the relevant date.
(2) The Treasurer may, by notice published in the Government Gazette—
(a)
fix the relevant date for the purposes of an allocation statement under section 37;
(b)
fix the relevant date for the purposes of a document referred to in section 49(1).
(3) Nothing in this Part permits the sale,
transfer, assignment or disposal of any
interest in a forestry agreement referred to insection 30.
35. Power to dispose of business undertaking
(1) Despite anything to the contrary in the StateOwned Enterprises Act 1992 or an Order under that Act, the Corporation may, with the written consent of the Treasurer—
(a) sell, assign, transfer or dispose of all or any part of its business undertaking; and (b) enter into any agreement necessary or incidental to that purpose. (2) The Treasurer may give written directions to the Corporation in relation to the sale,
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10 assignment, transfer or disposal of any part
of its business undertaking.
36. Treasurer may be party to agreements or her other powers, the Treasurer, for and on behalf of the Crown, may be a party to any agreement providing for the sale, assignment, transfer or disposal of all or any part of the property, rights, liabilities, undertaking or business of the Corporation or to any related agreement.
Division 2—Allocation of property
37. Corporation to prepare allocation statement
(1) The Corporation must give to the Treasurer,
within the period directed by the Treasurer, a liabilities of the Corporation as at a date specified by the Treasurer for the purposes of the relevant statement.
statement or statements approved by the
(2) A statement under this section—
(a) must allocate the property, rights and liabilities of the Corporation shown in the statement to, or between, the person or persons nominated in writing by the
Treasurer;(b) must be signed by the chief executive officer. (3) If a statement under this section is approved by the Treasurer—
(a)
the Treasurer must sign the statement; and
Victorian Plantations Corporation (Amendment) Act 1998
| s. 10 | Act No. 35/1998 |
(b)
the statement is an allocation statement for the purposes of this Part.
(4) The Treasurer may at any time direct the
Corporation to amend a statement given to him or her under this section as specified in the direction.
(5) An allocation statement under this section may be amended by writing signed by the Treasurer.
(6) A direction under sub-section (4) or an
affect a person or persons nominated by the
amendment under sub-section (5) that would given or made unless that person or those persons are, or are wholly owned by, the State or a statutory authority or have consented in writing to the direction or amendment. (7) In this section, "statement" and "allocation statement" include a statement or allocation statement amended in accordance with this
section.
38. Certificate of chief executive officer
(1) A certificate signed by the chief executive
officer certifying that property, rights or
liabilities of the Corporation specified in the
certificate have been allocated under the
allocation statement to a person so specified
is, unless revoked under sub-section (2),conclusive evidence—
(a)
that the property, rights or liabilities have been so allocated; and
(b)
that the property, rights or liabilities vested in or became the property, rights
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10 or liabilities of the person on the
relevant date.(2) If the Treasurer so directs the chief executive officer in writing, the chief executive officer must revoke a certificate given under sub-
section (1) by issuing another certificate or
certificates in place of the first certificate.(3) The Secretary to the Department of Treasury and Finance—
(a) must keep a register of certificates issued under this section; and (b) must make the register reasonably person.
Division 3—Transfer of property
39. Property transferred
On the relevant date—(a) all property and rights of the Corporation, wherever located, that are allocated under an allocation statement to a person, or any 2 or more persons, vest in that person or persons; and (b) all liabilities of the Corporation, wherever located, that are allocated under an allocation statement to a person, or to any 2 or more persons, become liabilities of that person or persons. 40. Allocation of property etc. subject to encumbrances
Victorian Plantations Corporation (Amendment) Act 1998
| s. 10 | Act No. 35/1998 |
Unless an allocation statement under this
Part otherwise provides, where, under thisPart—
(a) property and rights vest in; or
(b) liabilities become liabilities of—
a person or 2 or more persons—
(c)
the property and rights so vested are subject to the encumbrances (if any) to which they were subject immediately before so vesting; and
(d)
the rights to which the Corporation was entitled in respect of those liabilities immediately before they ceased to be liabilities of the Corporation vest in the person or persons.
41. Value of transferred property
(1) The value to a Corporation transferee offormer Corporation property as at the relevant date is the value shown in, or calculated in accordance with, the relevant
allocation statement.
(2) The consideration payable by a Corporation transferee in respect of former Corporation property vested in it under an allocation
statement under this Part is an amount equal
to the value shown in, or calculated inaccordance with, the statement.
42. Substitution of party to agreement and liabilities of the Corporation under an agreement are allocated to a person—
(a)
the person becomes, on the relevant date, a party to the agreement in place of the Corporation; and
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10
(b)
on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement.
43. Corporation instruments former Corporation property continues to have effect according to its tenor on and after the relevant date as if a reference in the instrument to the Corporation were a reference to the Corporation transferee.
44. Proceedings proceedings relating to former Corporation property (including arbitration proceedings) to which the Corporation was a party were pending or existing in any court or tribunal, then, on and after that date, the Corporation transferee is substituted for the Corporation as a party to the proceedings and has the same rights in the proceedings as the Corporation had.
45. Interests in land Part and despite anything to the contrary in any other Act or law, if, immediately before the relevant date, the Corporation is, in relation to former Corporation property, the registered proprietor of an interest in land under the Transfer of Land Act 1958, then on and after that date—
(a)
the Corporation transferee is to be taken to be the registered proprietor of that interest in land; and
Victorian Plantations Corporation (Amendment) Act 1998
| s. 10 | Act No. 35/1998 |
(b)
the Corporation transferee has the same rights and remedies in respect of that interest as the Corporation has.
46. Amendment of Register
(1) The Registrar of Titles, on being requested to
do so and on delivery of any relevant
certificate of title or instrument and
certificate of the chief executive officer,
must make any amendments in the Register
that are necessary because of the operation
of this Part.(2) Despite sub-section (1), it is not necessary to produce a certificate of title in the case of a request for an amendment to the Register in relation to former Corporation property that is an easement registered under the Transfer
of Land Act 1958.
(3) The Registrar-General must make all entries
on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of this Part.
(4) If any land allocated under an allocation
statement under this Part is not Crown land Corporation transferee concerned must, as soon as practicable after the land vests in accordance with the allocation statement, cause a memorial of the certificate of the chief executive officer (that complies with Part I of the Property Law Act 1958) to be delivered to the office of the Registrar- General and, for the purposes of that Part, that certificate must be taken to be an instrument affecting land.
and is not under the operation of the
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10 47. Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the Corporation in relation to
former Corporation property if this Part had
not been enacted, is admissible for or against
the interests of the Corporation transferee.(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the Corporation and to entries made in those books of account
before the relevant date, whether or not they
relate to former Corporation property.(3) In sub-section (2), "books of account" has the same meaning as in Division 3A of Part III of the Evidence Act 1958.
48. Validity of things done under this Part (1) Nothing effected by this Part or done or
suffered under this Part or the cessation of carrying on business by the Corporation—
(a)
is to be regarded as placing the Corporation, the State, a Minister or another person in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or
(b)
is to be regarded as placing any of them in breach of or as constituting a default under any Act or other law or any
provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
provision prohibiting, restricting or
regulating the assignment or transfer of
Victorian Plantations Corporation (Amendment) Act 1998
| s. 10 | Act No. 35/1998 |
| any property or the disclosure of any information; or |
(c)
is to be regarded as fulfilling any condition which allows a person to exercise a right or remedy in respect of or to terminate any agreement or obligation; or
(d)
releases any surety or other obligee wholly or in part from any obligation.
(2) The validity of any act or transaction of the
Corporation must not be called in question in any proceedings on the ground that any provision of this Act had not been complied with.
Division 4—Staff
49. List of Corporation staff
(1) Before the relevant date, the Corporation
must prepare and submit to the Treasurer a each such officer or employee, the person by which he or she is to be regarded as having been employed by virtue of section 50 with effect from the relevant date.
document signed by the chief executive
officer listing officers and employees of the(2) The document may be amended by
instrument signed by the chief executive officer and given to the Treasurer and the amendment is to be regarded as having
effect, or having had effect, from the relevant
date.(3) Nothing in this section prevents a person
listed in the document as an officer or
employee of the Corporation from resigning
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 10 or being dismissed at any time before the
relevant date in accordance with the terms
and conditions of his or her appointment oremployment.
50. Transfer of Corporation staff
(1) A person listed as an officer or employee of
the Corporation in a document under section
49 who was such an officer or employee
immediately before the relevant date is to beregarded as—
(a) having been employed by the new employer with effect from the relevant date; and (b) having been so employed on the same terms and conditions as those that applied to the person, immediately before the relevant date, as an officer or employee of the Corporation; and (c) having accrued an entitlement to benefits, in connection with that employment by the new employer, that is equivalent to the entitlement that the
person had accrued, as an officer or
employee of the Corporation,
immediately before the relevant date.(2) The service of a transferred Corporation
employee as an employee of the new
employer is to be regarded for all purposes
as having been continuous with the service
of the employee, immediately before the
relevant date, as an officer or employee of
the Corporation.
(3) A transferred Corporation employee is not
entitled to receive any payment or other
benefit by reason only of having ceased to be
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
an officer or employee of the Corporation
because of this Act.(4) A certificate purporting to be signed by the
chief executive officer certifying that a
person named in the certificate was with
effect from the relevant date employed, by
virtue of this section, by a person named in
the certificate is admissible in evidence in
any proceedings and is conclusive proof of
the matters stated in it.
51. Future terms and conditions of transferred employees
Nothing in section 50 prevents—
(a) employment of a transferred
any of the terms and conditions of altered by or under any law, award or agreement with effect from any time after the relevant date; or
(b)
a transferred Corporation employee from resigning or being dismissed at any time after the relevant date in
accordance with the then existing terms
and conditions of his or her
employment by the new employer.'.
11. New Schedules 5, 6, 7 and 8 inserted
After Schedule 4 to the Principal Act insert—
"SCHEDULE 5
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
ROADS TO BE CLOSED
PART 1
(List of plans lodged at the Central Plan Office under the Survey
Co-ordination Act 1958.)
Column 1 Column 2 Plantation Name Plan No. Emerson, Glenaulin LEGL/97-75 Mt Richmond Plantation, Mt Richmond LEGL/97-76 Kangaroo Park Plantation, Winyayung LEGL/97-77 Slater/Porter Plantations, Mt Eccles LEGL/97-78 Simpkin/Weerona Plantations, Hotspur LEGL/97-79 Brisbane Plantation, Hotspur LEGL/97-80 Smokey Valley Plantation, Hotspur LEGL/97-81 Kentbruck Plantation, Kentbruck LEGL/97-82 Kentbruck Plantation, Kentbruck LEGL/97-83 Rennick Plantation, Rennick LEGL/93-16/1 Rennick Plantation, Rennick LEGL/97-84 Rennick Plantation, Rennick LEGL/93-18 Rennick Plantation, Rennick LEGL/93-20 Read Plantation, Weecurra LEGL/97-85 Mocamboro Plantation, Mocamboro LEGL/93-23 Castlemaine Plantation, Campbells Creek LEGL/97-86 Wylies Plantation, Enfield LEGL/97-87 Cape Clear Plantation, Linton LEGL/97-88 Shepherds Flat Plantation, Durham LEGL/93-32 Yarrowee Plantation, Warrenheip LEGL/97-89 Red Hill Plantation, Mt Lonarch LEGL/97-90 Column 1 Column 2 Plantation Name Plan No.
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Cobblers Gully Plantation, Glen Park LEGL/97-91 Petticoat Plantation, Glen Park LEGL/97-92 Aire Valley Plantation LEGL/97-93 Aire Valley Plantation LEGL/97-94 Boonah Plantation, Wormbete LEGL/97-95 Otways Plantation, Yaugher LEGL/93-46 Webster Hill Plantation LEGL/97-96 Webster Hill Plantation LEGL/97-97 Webster Hill Plantation LEGL/97-98 Bungal Plantation, Bungal LEGL/93-52 Basalt Plantation, Hepburn LEGL/93-53 Spargo Plantation, Barkstead LEGL/97-99 Bells Reef Plantation, Barkstead LEGL/97-100 Railway Plantation, Macedon LEGL/97-101 Macedon Plantation, Macedon LEGL/97-102 Piper Plantation, Piper LEGL/97-103 Too-rour Plantation, Too-rour LEGL/97-104 Warrenbayne Plantation LEGL/97-105 Warrenbayne Plantation LEGL/97-106 Blue Range Plantation LEGL/97-107 Blue Range Plantation LEGL/97-108 Mansfield Plantation, Holland, Upper/Lower LEGL/97-109 Ryan Alexandra Plantation, Mohican East LEGL/97-110 Toolangi Plantation, Mt Robertson LEGL/97-111 Marysville Plantation, Narbethong LEGL/97-112 Giffard Plantation, Giffard LEGL/96-01 Strezlecki Plantation, Darlimurla LEGL/96-02 Column 1 Column 2 Plantation Name Plan No.
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Strezlecki Plantation, Jeeralang LEGL/96-03 Strezlecki Plantation, Livingston LEGL/96-04 Strezlecki Plantation, Livingston LEGL/96-05 Strezlecki Plantation, Livingston LEGL/96-06 Strezlecki Plantation, Boolara South LEGL/96-07 Strezlecki Plantation, Boolara South LEGL/96-08 Strezlecki Plantation, Turtons LEGL/96-09 Strezlecki Plantation, Turtons LEGL/96-10 Strezlecki Plantation, Woorarra LEGL/96-11 Strezlecki Plantation, Woorarra LEGL/96-12 Strezlecki Plantation, Woorarra LEGL/96-13 Strezlecki Plantation, Woorarra LEGL/96-14 Strezlecki Plantation, Albert LEGL/96-15 Strezlecki Plantation, Albert LEGL/96-16 Strezlecki Plantation, Albert LEGL/96-17 Strezlecki Plantation, Albert LEGL/96-18 Strezlecki Plantation, Jack LEGL/96-19 Strezlecki Plantation, Jack LEGL/96-20 Strezlecki Plantation, Jack LEGL/96-21 Strezlecki Plantation, Macks LEGL/96-23 Strezlecki Plantation, Macks LEGL/96-24 Strezlecki Plantation, Bodman LEGL/96-25 Strezlecki Plantation, Bodman LEGL/96-26 Strezlecki Plantation, Bodman LEGL/96-27 Strezlecki Plantation, Mullungdung LEGL/96-28 Strezlecki Plantation, Callignee LEGL/96-29 Strezlecki Plantation, Callignee LEGL/96-30 Strezlecki Plantation, Callignee LEGL/96-31 Column 1 Column 2 Plantation Name Plan No.
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Strezlecki Plantation, Callignee LEGL/96-32 Strezlecki Plantation, Wonwron LEGL/96-33 Allambee Plantation, Mt Worth LEGL/96-34 Loch Valley Plantation, Loch LEGL/96-35 Neerim East Plantation, Latrobe LEGL/96-36 Moondarra Plantation, Moondarra LEGL/96-37 Childers Plantation, Childers LEGL/96-38 Jeeralang Plantation, Traralgon LEGL/96-39 Braithwaites and Junction Plantation LEGL/93-124/1 Bright Plantations, Porepunkah & Havilah LEGL/97-113 Porepunkah Plantation LEGL/97-114 Morses Creek Plantation, Bright LEGL/93-130/1 Morses Creek Plantation, Bright LEGL/97-120 Hill and Racecourse Plantation LEGL/93-132/1 Beechworth Plantation, Magpie LEGL/97-115 Beechworth Plantation, Stanley LEGL/97-116 Beechworth Plantation, Stanley/Bruarong LEGL/97-117 Beechworth Plantation, Bruarong LEGL/97-118 Bruarong Plantation, Bruarong LEGL/93-140 Myrtleford Plantation, Gapstead, Dingle, LEGL/97-119 Bruarong Running Creek Plantation LEGL/93-147 Hurdle Creek Plantation, Merriang/Emu LEGL/97-121 Hurdle Creek Plantation, Merriang/Carboor LEGL/97-122 Cropper Creek Plantation LEGL/97-123 Cropper Creek Plantation LEGL/93-154/1 Rose Valley Plantation, Rose LEGL/93-156 Shelley Plantation, Gould LEGL/97-126 Column 1 Column 2 Plantation Name Plan No.
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Shelley Plantation, Gould LEGL/97-125 Shelley Plantation, Burrowye & Lawson LEGL/97-127 Shelley Plantation, Burrowye LEGL/97-128 Shelley Plantation, Burrowye & Koetong LEGL/97-129 Shelley Plantation, Lucyvale LEGL/97-130 Shelley Plantation, Jemba LEGL/97-131 Shelley Plantation, Koetong LEGL/97-132 Shelley Plantation, Koetong LEGL/97-133 Shelley Plantation, Koetong, Jemba Walwa LEGL/97-124 Shelley Plantation, Jinjellic LEGL/97-134 Shelley Plantation, Jinjellic LEGL/97-135 Shelley Plantation, Railway LEGL/97-136 Shelley Plantation, Railway & Jemba LEGL/93-170 Mitta Plantation, Bullhead and Mt Benambra LEGL/97-137 Mitta Plantation, Eskdale LEGL/93-172 Lucyvale Plantation, Wabba LEGL/97-138 Shelley Plantation, Walwa LEGL/93-174 Shelley Plantation, Bullioh LEGL/97-139 Mansfield LEGL/94-16 Delatite LEGL/97-140 Delatite LEGL/94-18 Delatite LEGL/94-19
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
PART 2
(List of plans lodged at the Central Plan Office under the Survey
Co-ordination Act 1958)
Plantation Name Plan No. Petticoat Plantation, Glen Park GP 128 Aire Valley Plantation GP 198K Meehans Plantation GP 165-E Meehans Plantation GP 165-A Strezlecki Plantation, Turtons GP 256 Strezlecki Plantation, Albert GP 169 Strezlecki Plantation, Jack GP 168 Warrenbayne GP 75 Holland Plantation GP 45 Running Creek Plantation GP 253 Ovens Plantation GP 167 Shelley Plantation, Gould GP 100 Shelley Plantation, Bullioh GP 255 Delatite GP 254
__________________
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
SCHEDULE 6
LAND TO BE DIVESTED FROM CORPORATION
(List of certified plans lodged at the Central Plan Office under the Survey
Co-ordination Act 1958.)
Plantation Crown name
Allotment Section Parish Certified Plan Cape Clear
2Q1 A Mindai CP116707-A Durham Lead
7J, 7K, 7L 4 Clarendon CP117795 Macedon
23H1, 23K1 C Macedon CP117029-A Macedon
40B, 41B F Woodend CP116768 Wylies
4J1 & 4J2 Enfield CP117781 Yaugher
59F1 Gerangamete CP117641 Darlimurla
34Q1, 34Q2, 34Q3, 34R1
Narracan South
CP117424
Livingston
90L1, 90L2, 90L3, 90L4, 90L5
Mirboo
CP117539
Woorarra
43C1 B Woorarra CP117817 Jack
157E2, 157E1 Devon CP117593 Jack
157F1, 157F2 Devon CP117564 Macks
65J Wonwron CP117528 Bodman
43C1 A Boodyarn CP117733 Callignee
21C1 A Callignee CP117664 Callignee
21D1 A Callignee CP117665 Loch Valley
2H1 Noojee East CP117898 Too-rour
8A1 C Too-rour CP117943 Mohican
56A2, 56A4 Glendale CP117968 Narbethong
12 B Granton CP117916-A Robbies Junction
6F 7 Wandiligong CP117474-A Magpie
16A Stanley CP117909 Plantation Crown
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
name Allotment Section Parish Certified Plan
Merriang, 37E1 Bungamero CP117783 Running
Creek, Long
Corner CreekCropper Creek 3A Winteriga CP117783
Railway 33C A Berringama CP118039 Mt Richmond 3A1 6 Mouzie CP117019 Kentbruck 6A 3 Kentbruck CP117431 Rennick 18B, 16D1 Palpara CP118007 Rennick 48A, 49A Wanwin CP118007
__________________
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
SCHEDULE 7
LAND TO CEASE TO BE RESERVED
(List of plans lodged at the Central Plan Office under the Survey Co-
ordination Act 1958.)
PART 1
Plantation name Plan No. Canadian GP 127 Happy Valley GP 81-A Mt Lonarch GP 74B, GP 74C, GP 74D Creswick GP 58, GP 58A, GP 58B Petticoat GP 128A, GP 128B Aire Valley GP 205-B Boonah GP 106, GP 106-A Meehans GP 165, GP 165-C, GP 165-D Bells Reef GP 54-B Wonwron GP 7A Neerim East GP 206C Moondarra GP 101 Jeeralang Traralgon GP 259 Glendale GP 125 Havilah Porepunkah GP 89 Running Creek, Bright GP 252 Stanley Bruarong GP 225 Spring Creek GP 16, GP 16A Dingle GP 8 Gould GP 226, GP 234 Koetong GP 83-A, GP 83
PART 2
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
(List of certified plans lodged at the Central Plan Office under the Survey
Co-ordination Act 1958.)
Plantation Crown name
Allotment Section Parish Certified Plan Scarsdale
2A1 B Argyle CP117964 Mt Lonarch
10C1 B Glenpatrick CP118067 Petticoat
1A S Creswick CP117998 Campaspe
80A D Woodend CP117648 Wonwron
8D Boodyarn CP117364 Mt Piper
15B1 E Strathbogie CP117635 McDonalds
4A1 E Strathbogie CP117363 Contes
4J1 Toombullup CP117847 Mohican
56A1, 56A3 Glendale CP117968 Bruarong
4E1 3 Bruarong CP118632 Bruarong
5B 2 Bruarong CP117314 Lucyvale
7V 1 Berringama CP118006 Koetong
21B 1 Jinjellic CP117977 Emerson
5A 14 Drik Drik CP117495 Emerson
8A 12 Drik Drik CP117496 Emerson
9A 12 Drik Drik CP117497 Lyons
12A B Glenaulin Plan117467 Warrenbayne
29A1 D Lima CP117947
__________________
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
SCHEDULE 8
CERTIFIED PLANS OF PLANTATION LAND
(List of certified plans lodged at the Central Plan Office under the Survey
Co-ordination Act 1958.)
Crown
Plantation Allotment Section Parish Certified Plan
Mt Mercer 82A Enfield CP116370
Cape Clear 6B3 G Clarkesdale CP116707-A Cape Clear 2Y A Mindai CP116707-A Carngham 10 2 Chepstowe CP116535 Carngham 3A 8 Chepstowe CP116535 Durham Lead 7H, 7G 4 Clarendon CP117795 Durham Lead 3 5 Clarendon CP117796 Canadian A5, A6 Ballarat CP117822 Canadian A2 Ballarat CP117064 Canadian B6 Ballarat CP117065 Yarrowee 2B 16 Ballarat CP116651-A Yarrowee 9C 14 Ballarat CP116651-A Yarrowee 10L, 10K 12 Ballarat CP116651-A Yarrowee 24A, 22A 17A Ballarat CP116651-A
Irrewillipe 47 Natte Murrang CP116371
Macedon 23H, 23J, C Macedon CP117029-A 23K, 23L Macedon 19A G Woodend CP117029-A Macedon 10D, 10E D Macedon CP116768 Macedon 40A 41A F Woodend CP116768 Campbells 10F G3 Castlemaine CP117642-A Creek
Wylies 4J Enfield CP117781 Crown
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Plantation Allotment Section Parish Certified Plan Happy Valley 6 48 Scarsdale CP117965 Scarsdale 3 47 Scarsdale CP117964 Scarsdale 2F B Argyle CP117964 Scarsdale 2G B Argyle CP117966 Mt Lonarch 10C, 10D B Glenpatrick CP118067 Mt Lonarch 10X, 10Y, A Raglan CP118067 10Z Mt Lonarch 10A, 10B D Langi-Kal-Kal CP118067 Mt Lonarch 4C C Amphitheatre CP118067 Mt Lonarch 5A1 63A Raglan CP118085 Mt Lonarch 10X1 A Raglan CP118616
Mt Beckworth A8 Clunes CP117806
Creswick
Y30A, Y30B, Y30C, Y30D
Creswick
CP117882
Creswick
Y29C, Y29D, Y29F, Y29E
Creswick
CP117866
Creswick 6 89 Creswick CP117883 Cobblers 5H S Creswick CP117995 Gully Long Point 2B P Creswick CP117996 Bald Hill 3 7 Creswick CP117997 Bald Hill 61, 62 17 Creswick CP117997 Petticoat 87C Ballarat CP117998 Petticoat 2, 3 W Ballarat CP117998 Petticoat 16 X Ballarat CP117998 Petticoat 9D P Ballarat CP117998 Aire Valley 15F Olangolah CP118068 Aire Valley 15G Olangolah CP118069 Crown Plantation Allotment Section Parish Certified Plan
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Aire Valley 15H Olangolah CP118070 Aire Valley 15L Olangolah CP118072 Aire Valley 29L Olangolah CP118073 Aire Valley 29M Olangolah CP118074 Aire Valley 36A Wyelangta CP118079 Aire Valley 36B Wyelangta CP118080 Aire Valley 34E Weeaproinah CP118083 Beechforest 15J, 15K Olangolah CP118071 Boonah 5D, 6H, 8E,
34J, 34K,
34LWensleydale CP117851 Yaugher 59F Gerangamete CP117641 Stevensons 74C, 74D, Barramunga CP117762 Falls 78D Webster Hill 54D, 54E,
54FBarramunga CP117985 Webster Hill 2D Olangolah CP117985 McDevitt 17J Moorbanool CP117984 Meehans 66E Barramunga CP117849 Bungal 79B Bungal CP117797
Basalt 4A,4B,4C E Wombat CP117859 Spargo 12A A Korweinguboor CP117823 a Spargo 12B A Korweinguboor CP117824 a Spargo 16C A Korweinguboor CP117825 a Spargo 19A A Korweinguboor CP117827 a Spargo 3 14 Moorarbool CP117829 West Bells Reef 46B 2A Wombat CP117884 Campaspe 80 D Woodend CP117648 Seed Orchard
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Crown
Plantation Allotment Section Parish Certified Plan
Lal Lal Seed 21E Borhoneyghurk CP117342 Orchard
Giffard 19A C Giffard CP117021 Darlimurla 126F Mirboo CP117423 Darlimurla
34Q, 34R, 34S, 34M
Narracan South
CP117424
Jeeralang 8C A Budgeree CP117096 Jeeralang 26B A Budgeree CP117095 Livingston 19C A Budgeree CP117166 Livingston 62E Mirboo CP117208 Livingston 90L Mirboo CP117539 Livingston 34B Gunyah Gunyah CP117293 Livingston 32E Gunyah Gunyah CP117209 Livingston 90C1 Mirboo CP117118 Livingston 8B Gunyah Gunyah CP117119 Livingston 6A2 Gunyah Gunyah CP117241
Livingston 44D Gunyah Gunyah CP117264-A Livingston 25A Wonyip CP117290 Boolarra 132E Mirboo CP117461 South Boolarra 133G Mirboo CP117462 South Boolarra 2B Gunyah Gunyah CP117167 South Boolarra 51A7 Mirboo South CP117168 South Turtons 54L Mirboo South CP117338 Turtons 52L Mirboo South CP117337 Turtons 52J Mirboo South CP117339 Turtons 51H1 Mirboo South CP117075 Crown
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Plantation Allotment Section Parish Certified Plan Turtons 69A Mirboo South CP117023-A Turtons 6B A Woorarra CP117032 Turtons 6C A Woorarra CP117033 Turtons 59G Mirboo South CP117031 Turtons 4D A Mirboo South CP117030-A
Turtons 72B Mirboo South CP117074 Woorarra 68B Gunyah Gunyah CP117930 Woorarra 68C Gunyah Gunyah CP117931
Woorarra 37B A Woorarra CP117269 Woorarra 34D A Woorarra CP117270 Woorarra 9A B Woorarra CP117816 Woorarra 43C B Woorarra CP117817 Woorarra 43D B Woorarra CP117818 Woorarra 12E C Woorarra CP117820 Woorarra 11A C Woorarra CP117819 Woorarra 79D Wonyip CP117815 Woorarra 68A Wonyip CP117814 Woorarra 68E Wonyip CP117845 Woorarra 1C Wonyip CP117813 Woorarra 39B B Wonga Wonga CP116984 Woorarra 19Q, 19R, B Toora CP117367-A 19T, 19U, 19V, 19W
Albert 57R1 Binginwarri CP117662 Albert 58S Binginwarri CP117663 Albert 17E Wonyip CP117661 Albert 91F Binginwarri CP117478 Albert 92C Binginwarri CP117479 Albert 54F1 Binginwarri CP117480 Crown
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Plantation Allotment Section Parish Certified Plan
Albert 94D Binginwarri CP117706 Albert 94E Binginwarri CP117481 Albert 95G Binginwarri CP117483 Albert 95Q Binginwarri CP117484 Albert 95H Binginwarri CP117482 Albert 62L Binginwarri CP117595 Albert 62K Binginwarri CP117597 Albert 64E Binginwarri CP117598 Albert 66C Binginwarri CP117596 Jack 77H Binginwarri CP117538 Jack 92E Binginwarri CP117864 Jack 92F, 92G Binginwarri CP117865
Jack 8A C Bulga CP117812 Jack 121H Devon CP117620 Jack 122C Devon CP117618 Jack 64J, 64K,
64LDevon CP117616 Jack 126B Devon CP117705 Jack 112A Devon CP117619
Jack 97D Binginwarri CP117617-A Jack 157E Devon CP117593 Jack 157F Devon CP117564 Jack 73J Binginwarri CP117476 Jack 74N Binginwarri CP117541
Macks 6F B Bulga CP117361 Macks 6H B Bulga CP117362 Macks 3B B Bulga CP117360 Macks 9F, 9G, 9J A Bulga CP117359 Crown Plantation Allotment Section Parish Certified Plan
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Macks 76A Wonwron CP117565 Macks 65G, 65H Wonwron CP117528 Bodman 9B, 12A Carrajung CP117707 Bodman 32J Carrajung CP117708
Bodman 18B A Callignee CP117709 Bodman 22B A Bulga CP117683 Bodman 20A A Callignee CP117684 Bodman 43C, 43D A Boodyarn CP117733 Bodman 14C B Boodyarn CP117734-A Bodman 2D B Boodyarn CP117637 Gelliondale 29B A Alberton West CP117022 Mullungdung 70C A Stradbroke CP116993
Mullungdung 71J Willung CP117368-A Mullungdung 75J Carrajung CP117077-A Callignee 34F Callignee CP117540-A Callignee 49K Willung CP117434
Callignee 1Q, 1R A Callignee CP117726 Callignee 18E B Callignee CP117727 Callignee 29E Callignee CP117728 Callignee 49G Willung CP117731 Callignee 11B A Callignee CP117725 Callignee 73F Callignee CP117729 Callignee 5A A Callignee CP117730 Callignee 23D A Callignee CP117732 Callignee 21C A Callignee CP117664 Callignee 21D A Callignee CP117665
Wonwron 55E, 55F Carrajung CP117350A Wonwron 8C Boodyarn CP117364 Crown
Plantation Allotment Section Parish Certified Plan
Wonwron 8A Boodyarn CP117351
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Wonwron 33F Woranga CP116992 Wonwron 1C Woranga CP117112 Leongatha 122M Allambee East CP117323-A Leongatha 101E Allambee East CP117324
Mullungdung 57B Willung CP117537
Callignee 50A Willung CP110477-A Allambee 19D, 19E,
19FAllambee East CP117382
Allambee 8C, 8D A Allambee East CP117383 Allambee 118A Warragul CP117384 Allambee 16D Allambee CP117385 Loch Valley 2H Noojee East CP117899 Loch Valley 2J Noojee East CP117900 Loch Valley 2K Noojee East CP117901 Loch Valley 48L Noojee East CP117902 Loch Valley 49Q Noojee East CP117903 Neerim East 36K, 36L Neerim CP118010 Neerim East 54A Neerim East CP118010 Moondarra 64 A Tanjil East CP117763 Childers 26B, 26C, 30 Moe CP117089 Ballas 53D C Wulla Wullock CP116991 Jeeralang 33J, 33K, A Traralgon CP117421-A Traralgon 33M, 33N
Latrobe Office 50E Yarram Yarram CP117941
Stockyard 11D 9 Dorchap CP116426 -A Creek Gardiners 20B D Strathbogie CP116492 Crown Plantation Allotment Section Parish Certified Plan Mt Piper 15B E Strathbogie CP117636 McDonalds 4A E Strathbogie CP117363 Mystic 7 K Bright CP117026
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Racecourse 14H C Bright CP117120 Chiltern 19A 4 Barambogie CP116947-A Bullhead 1E, 5D 14 Mitta Mitta CP117017 Bullhead 1J 14 Mitta Mitta CP117048 Bullhead 9B 14 Mitta Mitta CP117049 Rose Valley 9C, 11C Matong North CP117757 Too-rour 8A C Too-rour CP117944 Warrenbayne 1C D Lima CP117947 Warrenbayne 19C, 19D A Boho CP117945 Warrenbayne 25B A Boho CP117946 Fenns 20 C Moorngag CP117719 -A Spring Creek 14, 14A, C Moorngag CP117721 14B Blue Range 10B, 10C, C Dueran CP117720 10D Kopps 10B B Dueran CP117355 Kopps 10D B Dueran CP117356 Kopps 10E B Dueran CP117357 McRaes/ 4G,4H C Dueran CP117553 Tromps McRaes/ 15A, 15B B Dueran CP117553 Tromps Holland 4K, 4L Toombullup CP117848 Contes 4J Toombullup CP117847 Archerton 33B Toombullup CP117113 Archerton 32C Toombullup CP117165 Crown Plantation Allotment Section Parish Certified Plan 15 Mile Creek 11, 12 3 Whitfield South CP117894
15 Mile Creek 56C Toombullup CP117894
15 Mile Creek 13A, 13B 3 Whitfield South CP118631 Boggy 4A 1 Whitfield South CP117097
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Mohican 56, 57, 58 Glendale CP117968
Glendale 13A A Niagaroon CP117969 Glendale 13B A Niagaroon CP117970 Mt Robertson 5B A Derril CP117833 Mt Robertson 9M C Flowerdale CP117835 Mt Robertson 14F C Flowerdale CP117836 Mt Robertson 4G Kinglake CP117838 Narbethong 9A, 10, 11, B Granton CP117916-A Robbies 13 Junction 6D 7 Wandiligong CP117474-A Braithwaites 16 1A Porepunkah CP117475 One Mile 8A 1 Porepunkah CP118060 Creek Havilah 13B F Porepunkah CP118061 Porepunkah Havilah 13A F Porepunkah CP118062 Porepunkah Havilah 9E, 9F, 9G 23 Barwidgee CP118063 Porepunkah Havilah 14A 12 Tawanga CP118064 Porepunkah Havilah 22 15 Tawanga CP118065 Porepunkah Running 14D 15 Tawanga CP117532 Creek Bright Running 14E 15 Tawanga CP117533 Creek Bright Crown Plantation Allotment Section Parish Certified Plan Bright 14D 4 Porepunkah CP117471 Porepunkah Two Mile 3A 10A Porepunkah CP117967 Creek &
Morses Creek
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Two Mile 1C, 7A K Bright CP117967 Creek &
Morses CreekTwo Mile S23E, S23F, Bright CP117967 Creek & S23G, S23H, Morses Creek S30E Hill 17H C Bright CP117764 Racecource 19D C Bright CP117654 Freeburgh 15B Freeburgh CP117457 Smoko 50H Freeburgh CP117458 Smoko 51 Freeburgh CP117459 Smoko 52E Freeburgh CP117460 Magpie 15, 16 Stanley CP117910 Magpie 17 Stanley CP117911 Stanley 14 Stanley CP117963 Stanley 7A 14A Stanley CP117914 Bruarong Stanley 17C 11A Stanley CP117913 Bruarong Stanley 13B 11A Stanley CP117912 Bruarong Stanley 10A 1B Bruarong CP117906 Bruarong Bruarong 4E 3 Bruarong CP117907 Bruarong 2B 2 Bruarong CP117314 Dingle 9, 10, 11 13A Stanley CP117675 Crown Plantation Allotment Section Parish Certified Plan Myrtleford– 16 16 Mudgeegonga CP117455 Circular Creek Myrtleford– 14, 15 10 Mudgeegonga CP117896 Granite Creek Myrtleford– 7 15 Mudgeegonga CP117897 Basin Creek
Victorian Plantations Corporation (Amendment) Act 1998
| s. 11 | Act No. 35/1998 |
Ovens 12B 4 Myrtleford CP118001 Ovens 8A, 8B O Myrtleford CP118002 Merriang, 37E, 37F Bungamero CP117783 Running
Creek, Long
Corner CreekHurdle Creek 4E, 5A, 7A 8 Bungamero CP117783
Cropper Creek 3, 4, 5 Winteriga CP117783
Cropper Creek 14A A Dandongadale CP117783 Gould 41F Granya CP117358
Gould 11F 1 Berringama CP118048 Gould 1D 1 Berringama CP118044 Gould 66G, 66H Granya CP118041 Gould 7T 1 Berringama CP118045 Gould 3J 1 Berringama CP118047 Lawson– 30A, 30B, Koetong CP117950 Burrowye 30C Lawson– 37L Koetong CP117952 Burrowye Lawson– 37M Koetong CP117953 Burrowye Lawson– 38J Koetong CP117954 Burrowye Lawson– 30D Koetong CP117955 Burrowye Crown Plantation Allotment Section Parish Certified Plan Lawson– 9C A Koetong CP117956 Burrowye Lawson– 37N Koetong CP118561 Burrowye Sullivans
20D, 20E, 20G, 20F
Koetong
CP117949
Napoleon 13D Koetong CP117621
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 11
Gully
Lucyvale 7U 1 Berringama CP118005 Jemba 4G 1 Jinjellic CP117979 Koetong 49D Koetong CP117958 Koetong 21A 1 Jinjellic CP117977 Walwa 14A, 14C 1 Jinjellic CP117463 Walwa 13A, 25A 15 Burrowye CP117464 Jinjellic 20A 2 Jinjellic CP117980 Railway 17L A Berringama CP118035 Railway 17M A Berringama CP118036 Wabba 41D, 41E Canabore CP117699 Hardings 16B 15 Burrowye CP117271 Bullioh 2E, 2F Canabore CP117579 Everton 5C D Murmungee CP117242 Whisky 15B Toombullup CP117846 North Whisky 4M,4N Toombullup CP117846 Delatite 99L, Howqua West CP117472 99M,101H, 101J, 108M, 108N,108P, 108Q, 108R, 108S
Goughs Bay 99J Howqua West CP117473 Crown Plantation Allotment Section Parish Certified Plan Emerson 5A, 5B 11 Drik Drik CP117504-A Lyons 12 B Glenaulin CP117466 Lyons 13, 14 B Glenaulin CP117468 Mt Richmond 9 2 Mouzie CP117019 Mt Richmond 3A,4A 6 Mouzie CP117019
Kangaroo Park 81G Winyayung CP117397
Slater 2F, 2G 12 Myamyn CP117393
Victorian Plantations Corporation (Amendment) Act 1998
s. 11
| s. 11 | Act No. 35/1998 |
Porter 4A 21 Myamyn CP117394 Malseeds 7 14 Greenhills CP117024 Weerona 11B A Hotspur CP117067 Simpkin 19C A Hotspur CP117068 Brisbane 1A, 21A Glenaulin CP117395 Brisbane 23A Glenaulin CP117396 Brisbane 26A B Hotspur CP117396 Smokey 5A A Glenaulin CP116652 Valley Smokey 3E A Glenaulin CP116653 Valley Kentbruck 45 Warrain CP117431 Kentbruck 6, 7 3 Kentbruck CP117431 Kentbruck 12E 2 Kentbruck CP117431 Bahgallah 29B Bahgallah CP117117 Rennick 19, 20C Malanganee CP118007 Rennick 18A, 16C,
16DPalpara CP118007 Rennick 38, 39 Wanwin CP118114 Rennick 32C, 32D Wanwin CP117094 Rennick 9E, 11B Palpara CP117020 Crown Plantation Allotment Section Parish Certified Plan
Rennick 62C Mumbannar CP117392
Lane 1A, 5B, 14C, A Weecurra CP117406 12C Read 6A 10 Digby CP117088 Mocamboro 5 16 Mocamboro CP117018
".
_______________
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 12 PART 3—AMENDMENTS TO OTHER ACTS
12. Amendment of Catchment and Land Protection Act 1994
(1) In section 3 of the Catchment and Land
No. 52/1994. Reprint No. 1
Protection Act 1994 in the definition of "land as at owner", paragraph (d) is repealed.
21 November 1996. Further
(2) In section 50(a) of the Catchment and Land amended by No. 106/1995. Protection Act 1994 after "Crown land" insert
"(other than land which is subject to a licence
granted under Part 3A of the Victorian
Plantations Corporation Act 1993)".
13. Amendment of Conservation, Forests and Lands Act 1987
(1) In section 3(1) of the Conservation, Forests and Lands Act 1987, in the definition of "land
No. 41/1987. Reprint No. 3
as at 28 July
owner", after paragraph (d) insert—
1997. Further amended by
"and Nos 87/1997, 89/1997 and
93/1997.(e) Victorian Plantations Corporation or, if the
land is licensed under Part 3A of that Act,in relation to vested land, means the of the land;".
(2) In section 3(1) of the Conservation, Forests and
Lands Act 1987 insert—
' "successor in title" in relation to vested land
means—
(a)
if the land owner is the Victorian Plantations Corporation, any licensee of the vested land within the meaning of Part 3A of the Victorian Plantations Corporation Act 1993; and
Victorian Plantations Corporation (Amendment) Act 1998
| s. 13 | Act No. 35/1998 |
(b) if the land owner is a licensee of the vested land under a licence granted under that Part, any assignee of an interest in the licence or any person to whom an interest in the licence comes
by operation of law;"vested land" has the same meaning as it has in
the Victorian Plantations Corporation Act
1993;'.
(3) In section 71 of the Conservation, Forests and
Lands Act 1987 after sub-section (5) insert—
"(6) Sub-sections (4) and (5) do not apply to an
agreement relating to land licensed under
Part 3A of the Victorian PlantationsCorporation Act 1993.".
(4) In section 72(1)(b) of the Conservation, Forests
and Lands Act 1987, after "Transfer of Land
Act 1958" insert "and not vested land".
(5) In section 72 of the Conservation, Forests and
Lands Act 1987, after sub-section (1) insert—
"(1A) When an agreement in relation to vested land
is expressed to be binding on a land owner's agreement in the register of plantations and on receiving that application, the registrar must register that agreement.".
successors in title, the Director-General must
as soon as practicable after entering into the
agreement apply in writing to the registrarunder Part 3A of the Victorian Plantations
(6) In section 72 of the Conservation, Forests and
Lands Act 1987, after sub-section (2) insert—
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 13 "(2A) On the registration of an agreement in accordance with sub-section (1A)—
(a) the land owner's successors in title are deemed to have notice of the agreement; and (b) agreement are binding on and
all rights and liabilities under that owner's successors in title.".
(7) In section 72(3) of the Conservation, Forests
and Lands Act 1987, after "Transfer of Land
Act 1958" insert "and is not vested land".
(8) In section 72 of the Conservation, Forests and
Lands Act 1987, after sub-section (3) insert—"(3A) When an agreement in respect of vested land is varied or terminated, the Director-General must without delay apply in writing to the
registrar under Part 3A of the Victorian the record of the agreement from, or amend the record of the agreement in, the register of plantation licences and on receiving that application, the registrar must make the necessary amendments to the register.".
(9) After section 72(7) of the Conservation, Forests
and Lands Act 1987 insert—
"(8) If a land owner of vested land applies to the
registrar under Part 3A of the Victorian Plantations Corporation Act 1993 and produces a copy of an order under sub-
section (5) in respect of the vested land, the
registrar must make the necessary
amendments in the register of plantation
licences.".
Victorian Plantations Corporation (Amendment) Act 1998
| s. 14 | Act No. 35/1998 |
(10) In section 79 of the Conservation, Forests and
Lands Act 1987 after sub-section (10) insert—"(11) This section does not apply in relation to
vested land within the meaning of the
Victorian Plantations Corporation Act
1993.".
14. Amendment of Extractive Industries Development Act 1995
| No. 67/1995. | In section 3(1) of the Extractive Industries Development Act 1995— |
(a) paragraph (b) insert—
"—in the definition of "Crown land" after subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993";
(b) in the definition of "owner" in paragraph (c), "(ia) if the land is subject to a licence
granted under Part 3A of the Victorian
Plantations Corporation Act 1993,
the licensee, under that Part, of theland; and".
15. Amendment of Forests Act 1958
No.
| 6254/1958. | (1) In section 3(1) of the Forests Act 1958 in the |
| Reprint No. 6 | definition of "protected public land" omit "or land |
| as at 8 August | vested in the Victorian Plantations Corporation". |
| 1997. Further | |
| amended by | |
| Nos 55/1997, | (2) In section 62(1A) of the Forests Act 1958, |
| 89/1997 and | paragraph (f) is repealed. |
| 93/1997. |
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 16
16. Amendment of Land Tax Act 1958
No.
In section 43(1) of the Land Tax Act 1958 after 6289/1958. "fee-simple" insert "or any person who is a Reprint No. 8 licensee of vested land under Part 3A of the as at
1 FebruaryVictorian Plantations Corporation Act 1993".
1997. Further amended by
Nos 31/1997,
40/1997,71/1997,
86/1997 and101/1997.
17. Amendment of Local Government Act 1989
In section 156 of the Local Government Act
No. 11/1989. Reprint No. 3
1989, after sub-section (5) insert— as at 1 July
1997. Further
"(5A) A person who is a licensee of vested land under Part 3A of the Victorian Plantations
amended by
Nos 27/1997, 76/1997 and
Corporation Act 1993 is liable to pay the 93/1997. rates and charges on that land as if it is
rateable land.".
18. Amendment of Mineral Resources Development Act 1990
In section 4(1) of the Mineral Resources
No. 92/1990. Reprint No. 2
Development Act 1990— as at 2 May
1996. Further(a) in the definition of "Crown land" after paragraph (b) insert—
amended by
No. 18/1997. "—
but does not include land which is the
subject of a licence granted under Part 3A of
the Victorian Plantations Corporation Act1993";
(b)
in the definition of "owner" in paragraph (e), after sub-paragraph (i) insert—
Victorian Plantations Corporation (Amendment) Act 1998
| s. 19 | Act No. 35/1998 |
"(ia) if the land is subject to a licence
granted under Part 3A of the Victorian
Plantations Corporation Act 1993,
the licensee, under that Part, of theland; and".
19. Amendment of Petroleum Act 1958
No.
| 6334/1958. | (1) In section 3(1) of the Petroleum Act 1958 in |
| Reprint No. 4 | paragraph (a) of the definition of "private land", |
| as at 1 May | after sub-paragraph (ii) insert— |
| 1996. |
"or
(iii) which is vested land subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;".
(2) In section 36 of the Petroleum Act 1958, after
sub-section (2) insert—
"(3) In this section a reference to the owner in
relation to private land which is vested land subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 is deemed to be a reference to the
licensee of that land under that Part.".
20. Amendment of Pipelines Act 1967
No.
| 7541/1967. | (1) In section 20 of the Pipelines Act 1967 after sub- |
| Reprint No. 2 | section (2) insert— |
| as at | |
| 28 September | "(3) Sub-section (1) does not apply to land which |
| 1995. Further | |
| amended by | is subject to a licence granted under Part 3A |
| Nos 76/1996, | of the Victorian Plantations Corporation |
| 91/1997 and | |
| 104/1997. | Act 1993.". |
(2) At the end of section 21 of the Pipelines Act 1967
insert—
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 s. 21 "(2) This section does not apply to land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993.".
(3) In section 23(2) of the Pipelines Act 1967, after
"licence" (where first occurring) insert "(other
than a licence referred to in sub-section (3))".
(4) In section 23 of the Pipelines Act 1967, after sub-
section (2) insert—
"(3) If the easement is over land which is subject
to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993—
(a)
a description of the easement and a notification that it has been acquired must be forwarded forthwith by the permittee to the licensee of that land and the registrar of the register of plantation licences under that Part; and
(b)
the registrar must record the easement in the register.".
21. Amendment of Water Act 1989
(1) In section 51(3) of the Water Act 1989 after
No. 80/1989. Reprint No. 3
"Crown land" insert "other than land which is as at 28 July subject to a licence granted under Part 3A of the
1997. Further amended by
Victorian Plantations Corporation Act 1993".
Nos 104/1997, 109/1997 and
(2) In section 67(2)(c)(ii)(A) of the Water Act 1989 110/1997. after "Crown land" insert "(other than land which is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993)".
(3) In section 232 of the Water Act 1989, after sub-
section (2) insert—
Victorian Plantations Corporation (Amendment) Act 1998
| s. 21 | Act No. 35/1998 |
'(3) In this section "Crown lands" does not
include lands which are subject to a licence
granted under Part 3A of the Victorian
Plantations Corporation Act 1993.'.
═══════════════
Victorian Plantations Corporation (Amendment) Act 1998
Act No. 35/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 9 April 1998
Legislative Council: 30 April 1998
The long title for the Bill for this Act was "to amend the Victorian
Plantations Corporation Act 1993, to amend certain other Acts and for
other purposes."
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