Victorian Conservation Trust Act 1972 (Vic)
Version No. 037
Victorian Conservation Trust Act 1972
No. 8350 of 1972
Version incorporating amendments as at
25 June 2025
TABLE OF PROVISIONS
Section Page
1Short title
1ADefinitions
2Trust for Nature (Victoria),
3Objects of Trust
3ACovenants
3BTax and rating remissions
4Constitution of Trust
5Members of the Trust
5AImmunity of trustees
6Chairman and deputy chairman of the Trust
7Meetings of the Trust
8Director and other officers
9Vacant Land Conservation Covenants Account
13Reports to the Minister
14Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 037
Victorian Conservation Trust Act 1972
No. 8350 of 1972
Version incorporating amendments as at
25 June 2025
An Act to establish a Body Corporate under the Name of the Victoria Conservation Trust and for other purposes.
Preamble
WHEREAS it is desirable that there be established an organization to be called the Victoria Conservation Trust to acquire preserve and maintain areas within the State which are ecologically significant or of natural interest or beauty or scientific interest and to encourage and assist in the preservation of wild life and native plants for public scientific and public educational purposes:
AND WHEREAS it is expedient to incorporate such an organization:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1Short title
This Act may be cited as the Victorian Conservation Trust Act 1972.
1ADefinitions
In this Act—
Trust means the Trust for Nature (Victoria) established by section 2;
trustee means a person appointed under section 4.
2Trust for Nature (Victoria)[1], [2]
(1)There shall be established a body corporate by the name "Trust for Nature (Victoria)" which shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and of doing and suffering all acts matters and things which bodies corporate may by law do or suffer.
(2)All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Trust affixed to a document and until the contrary is proved shall presume that it was duly affixed.
3Objects of Trust
(1)The Trust shall for public scientific and public educational purposes encourage and assist in—
(a)the preservation of areas which are—
(i)ecologically significant;
(ii)of natural interest or beauty; or
(iii)of historical interest;
(b)the conservation of wildlife and native plants; and
(c)the conservation and creation of areas for scientific study relating to any of the matters referred to in paragraphs (a) and (b).
(1A)The Trust shall encourage and assist in the conservation and creation of areas of natural beauty or interest for use by the public for the purposes of enjoyment recreation and education.
(2)The Trust shall have the power to do all things that are necessary or convenient to be done for or in connexion with the carrying out of the objects referred to in subsections (1) and (1A) and, without limiting those general powers, shall have power—
(a)to accept gifts devises and bequests made to the Trust whether on trust or otherwise and to act as trustee of moneys or other property vested in the Trust on trust;
(b)to purchase hold demise sell transfer convey mortgage and otherwise acquire and dispose of real and personal property;
(c)to surrender land vested in the Trust (whether on trust or otherwise) to the Crown to be used for a purpose or purposes specified by the Trust;
(d)to invest and deal with moneys of the Trust not immediately required for any of its objects upon such security or otherwise in such manner as may from time to time be determined by the Trust and to consolidate divide or in any way alter such investments; and
(e)to reimburse trustees in respect of reasonable travelling and other expenses incurred in attending meetings of the Trust or otherwise in connexion with carrying out its business; and
(f)to pay such remuneration to the chairman, deputy chairman or a trustee as the Trust may determine from time to time.
(3)Upon the registration in the Office of Titles of a conveyance or a transfer and surrender to His Majesty of any land vested in the Trust—
(a)the land shall be deemed to be unalienated land of the Crown freed and discharged from all trusts and shall be deemed to be permanently reserved pursuant to section 4 of the Crown Land (Reserves) Act 1978 for the purpose or purposes specified by the Trust; and
(b)the Trust shall be freed and discharged from all further duties and liabilities in respect thereof.
3ACovenants[3]
(1)The owner of any land which the Trust considers to be ecologically significant, of natural interest or beauty, of historic interest or of importance in relation to the conservation of wildlife or native plants may, subject to obtaining the Minister's approval thereof under subsection (8), enter into a covenant with the Trust which binds him as to the development or use of the land or any part thereof or the conservation or care of any bushland trees rock formations buildings or other objects on the land.
(2)A covenant under this section may include provision for the Trust, its officers, agents or nominees or members of the public generally to enter the land and to remain thereon for certain purposes.
(3)With the approval of the Minister a covenant under this section may be released by the Trust or varied by an agreement between the Trust and all persons having an interest in the land burdened by the covenant who are bound by the covenant.
(4)Where the owner of any land who first enters into a covenant with the Trust under subsection (1) is unable to reach agreement with the Trust regarding the release of such covenant, the matter shall be determined by the Governor in Council whose decision shall be final.
(5)Where the owner of any land has agreed to enter into a covenant with the Trust or to vary such a covenant under this section the Trust shall—
(a)send to the Minister—
(i)details of the proposed covenant or variation of covenant; and
(ii)a map of the land concerned and the surrounding area indicating the names and addresses of the owners of land in the vicinity of the land concerned and the purposes for which the land concerned and such other land is used; and
* * * * *
(6)Where the Minister considers that owners of land in the vicinity of the land concerned may be affected by the proposed covenant or variation of covenant he may direct the Trust to give notice of the details of the proposed covenant or variation of covenant to such owners as he directs.
(7)Notice given pursuant to a direction under subsection (6) shall state that submissions with respect to the proposed covenant or variation of covenant may be made to the Minister within one month of the date of the notice.
(8)The Minister shall consider any submissions received from a person to whom notice is given by the Trust under subsection (6) within one month of the date of the notice and may approve or refuse to approve the proposed covenant or variation of covenant.
(9)Notice of the Minister's decision under subsection (8) shall be published in the Government Gazette.
(10)If a covenant has been entered into by any person pursuant to subsection (1) or subsequently varied pursuant to subsection (3); the Registrar of Titles, on application made to him or her, may make a recording in the Register of the covenant or variation.
(11)If the Registrar of Titles has made a recording of the covenant or the variation in the Register, the burden of the covenant or the covenant as so varied runs with the land concerned and the Trust may enforce the covenant against persons deriving title from that person as if it were a restrictive covenant even though it may be positive in nature or that it is not for the benefit of land of the Trust.
(12)The amendment of this section by section 24 of the Transfer of Land (Single Register) Act 1998 does not affect the operation, effect or enforcement of a covenant registered under the Property Law Act 1958 before the commencement of that section 24 and existing immediately before that commencement.
3BTax and rating remissions
(1)If any land is the subject of a covenant under section 3A(1) and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered, the Trust may so report to the Minister.
(2)If the Minister has received a report under subsection (1), the Minister may do one or both of the following—
(a)with the consent of the Treasurer, make an order remitting, subject to subsection (5), the whole or any part of the tax payable by the owner under the Land Tax Act 1958 that is attributable to the land concerned; and
(b)after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.
(3)Any order made by the Minister under subsection (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by the Minister.
(4)The Commissioner of State Revenue and any rating authority concerned must comply with any order made by the Minister under this section.
(5)Any land tax or rate remitted under this section during the preceding 5 years becomes payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs.
4Constitution of Trust
The Trust shall consist of at least 6 trustees and not more than 10 trustees appointed by the Governor in Council.
5Members of the Trust
(1)A trustee shall hold office for a period, specified in the instrument of appointment, not exceeding 4 years after his appointment takes effect unless he resigns or the appointment is terminated and he shall be eligible for re-appointment.
(2)The office of a trustee shall become vacant if the trustee—
(a)resigns his office by writing under his hand delivered to the chairman or deputy chairman;
(b)is removed from office by the Governor in Council;
(c)becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his estate for the benefit of his creditors;
(d)becomes of unsound mind; or
(e)is absent from three consecutive meetings of the Trust without the consent of the Trust.
(3)An act or decision of the Trust shall not be invalid by reason only of a vacancy in the office of a trustee or a defect or irregularity in the appointment of a trustee.
5AImmunity of trustees
(1)A trustee is not personally liable for anything done or omitted to be done in good faith—
(a)in carrying out a function or power under this Act; or
(b)in the reasonable belief that the act or omission was in the carrying out of a function or power under this Act.
(2)Any liability resulting from an act or omission that would, but for subsection (1), attach to a trustee attaches instead to the Trust.
6Chairman and deputy chairman of the Trust
(1)There shall be a chairman and a deputy chairman of the Trust both of whom shall be elected by the trustees from amongst their number.
(2)The chairman and deputy chairman shall each hold office for such term as the trustees from time to time determine.
(3)The chairman or deputy chairman shall cease to hold office upon ceasing to be a trustee.
(4)A person appointed under subsection (1) may resign his office as chairman or deputy chairman by writing under his hand delivered to at least two trustees.
(5)The chairman and deputy chairman shall be eligible for re-election.
7Meetings of the Trust
(1)Meetings of the Trust shall be held at such times and places as the Trust from time to time determines or as the chairman or deputy chairman may direct.
(2)At a meeting of the Trust a majority of the trustees for the time being shall constitute a quorum.
(3)The chairman or in his absence the deputy chairman shall preside at meetings of the Trust and in the absence of both the chairman and the deputy chairman the trustees present shall elect one of the trustees present to preside.
(4)All questions coming before a meeting of the Trust shall be decided by a majority of votes of the trustees present at the meeting and in the event of an equality of votes the trustee presiding at the meeting shall have an additional vote.
(5)Subject to this Act the Trust shall govern its own procedure.
8Director and other officers
(1)The Trust may appoint a director and such other officers as it requires upon such terms and conditions and for such remuneration as it determines from time to time.
(2)The Trust may at any time remove any person appointed under subsection (1).
9Vacant Land Conservation Covenants Account
(1)There is established an account in the Public Account as part of the Trust Fund known as the Vacant Land Conservation Covenants Account.
(2)There is to be credited to the VLCC Account—
(a)all money required or authorised to be paid into the VLCC Account by any Act; and
(b)all interest derived from investment of money in the VLCC Account.
(3)Money standing to the credit of the VLCC Account is to be applied, in amounts authorised by the Secretary, toward the reasonable costs and expenses incurred by the Trust in relation to entering into covenants under section 3A(1).
(4)If the Treasurer is satisfied that at any time there is in the VLCC Account an amount in excess of the amount required to meet the anticipated payments from the account, the Treasurer, after consultation with the Minister, may direct the payment of the whole or any part of that excess amount out of the VLCC Account into the Consolidated Fund.
(5)The Minister must cause to be included in the report of operations of the Department under Part 7 of the Financial Management Act 1994 for a financial year—
(a)details of amounts credited to and applied from the VLCC Account in that year; and
(b)the number of covenants entered into in that year that were funded from the VLCC Account.
(6)In this section—
Department means the Department of Energy, Environment and Climate Action;
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Secretary means the Department Head of the Department under the Public Administration Act 2004;
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VLCC Account means the Vacant Land Conservation Covenants Account established by subsection (1).
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13Reports to the Minister
If so requested by the Minister the Trust must report to the Minister on any matter specified by the Minister.
14Transitional provisions—Environment and Water Legislation (Miscellaneous Amendments) Act 2005
(1)On and from the commencement of Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, the Trust is deemed to be the same body as it was immediately before that commencement, despite the changes to the constitution and quorum of the Trust by Part 4 of that Act and no decision, matter or thing is to be affected because of those changes.
(2)The trustees of the Trust holding office immediately before the commencement of Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005 continue to hold office after that commencement on the same terms and conditions on which they held office as trustees immediately before that commencement.
(3)Despite the repeal of the Victoria Conservation Trust Act 1978 by Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, any order in force under section 4 of the Victoria Conservation Trust Act 1978 immediately before that repeal is deemed to be an order made under section 3B.
(4)Despite the repeal of the Victoria Conservation Trust (Amendment) Act 1986 and the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995 by Part 4 of the Environment and Water Legislation (Miscellaneous Amendments) Act 2005, a reference in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject-matter—
(a)to the "Victoria Conservation Trust Act 1972" is deemed to be a reference to the "Victorian Conservation Trust Act 1972"; and
(b)to the "Victoria Conservation Trust" or the "Victorian Conservation Trust" is deemed to be a reference to the Trust for Nature (Victoria).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victorian Conservation Trust Act 1972 was assented to on 12 December 1972 and came into operation on 12 December 1972.
The name of this Act was changed from the Victoria Conservation Trust Act 1972 to the Victorian Conservation Trust Act 1972 by section 4(1) of the Victoria Conservation Trust (Amendment) Act 1986, No. 64/1986.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Conservation Trust Act 1972 by Acts and subordinate instruments.
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Victoria Conservation Trust Act 1978, No. 9129/1978 (as amended by No.9427/1980)
Assent Date: 23.5.78 Commencement Date: 23.5.78 CurrentState: All of Act in operation
Victoria Conservation Trust (Amendment) Act 1978, No. 9166/1978
Assent Date: 3.10.78 Commencement Date: 3.10.78 CurrentState: All of Act in operation
Crown Land (Reserves) Act 1978, No. 9212/1978
Assent Date: 19.12.78 Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441 CurrentState: All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date: 5.1.83 Commencement Date: 5.1.83 CurrentState: All of Act in operation
Victoria Conservation Trust (Amendment) Act 1986, No. 64/1986
Assent Date: 16.9.86 Commencement Date: 16.9.86 CurrentState: All of Act in operation
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date: 16.5.89 Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488 CurrentState: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 item 101) on 1.1.95: Government Gazette 28.7.94 p. 2055 CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995
Assent Date: 6.6.95 Commencement Date: 6.6.95 CurrentState: All of Act in operation
Transfer of Land (Single Register) Act 1998, No. 85/1998
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 62) on 1.1.99: s. 2(3) CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
Environment and Water Legislation (Miscellaneous Amendments) Act 2005, No. 48/2005
Assent Date: 24.8.05 Commencement Date: Ss 8–11 on 25.8.05: s. 2 CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
Assent Date: 5.9.23 Commencement Date: S. 7(Sch. 1 item 33) on 6.9.23: s. 2 CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
State Taxation Amendment Act 2024, No. 22/2024
Assent Date: 4.6.24 Commencement Date: Ss 25, 26 on 5.6.24: s. 2(2) CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
State Taxation Acts Amendment Act 2025, No. 24/2025
Assent Date: 24.6.25 Commencement Date: Ss 41, 42 on 25.6.25: s. 2(1) CurrentState: This information relates only to the provision/s amending the Victorian Conservation Trust Act 1972
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3 Explanatory details
[1] S. 2: Section 10 of the Victoria Conservation Trust (Amendment) Act 1986, No. 64/1986 reads as follows:
10Transitional provisions
(1)The Victorian Conservation Trust is to be taken as the same body as the Victoria Conservation Trust in spite of any changes to the name and structure of the Victorian Conservation Trust by this Act and no act matter or thing is to be affected because of those changes of name and structure.
(2)A reference in any document—
(a)to the "Victoria Conservation Trust Act 1972" is to be taken to refer to the "Victorian Conservation Trust Act 1972"; and
(b)to the "Victoria Conservation Trust" is to be taken to refer to the "Victorian Conservation Trust".
(3)The members of the Victoria Conservation Trust holding office immediately before the commencement of this Act continue to hold office after the commencement of this Act as trustees of the Victorian Conservation Trust upon the same terms and conditions as those upon which they held office as members of the Victoria Conservation Trust.
[2] S. 2: Section 22 of the Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995 reads as follows:
22Transitional provisions
(1)The Trust for Nature (Victoria) is deemed to be the same body as the Victorian Conservation Trust despite the changes to the name and structure of the Trust by this Act, and no matter or thing is to be affected because of those changes of name and structure.
(2)On and after the commencement of this section, a reference to the Victorian Conservation Trust in any Act, subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 or any document whatever, unless inconsistent with the context or subject-matter, is deemed to be a reference to the Trust for Nature (Victoria).
(3)The trustees of the Victorian Conservation Trust holding office immediately before the commencement of this section continue to hold office after the commencement of this section as trustees of the Trust for Nature (Victoria) on the same terms and conditions upon which they held office as trustees of the Victorian Conservation Trust.
[3] S. 3A: Section 4 of the Victoria Conservation Trust Act 1978, No. 9129/1978 (as amended by No. 9427/1980) reads as follows:
4Tax and rating remissions
S. 4(1) amended by No. 9427/1980 s. 6(1)(Sch. 5 item 189).
(1)Where any land is the subject of a covenant under subsection (1) of section 3A of the Principal Act and it appears to the Trust that the preservation of such land in its natural state is not economically feasible and that such preservation is thereby endangered the Trust may so report to the Minister.
(2)Where the Minister has received a report under subsection (1) he may do one or both of the following—
(a)with the consent of the Treasurer make an order under his hand remitting, subject to subsection (5), the whole or any part of the tax payable by the owner under the Land Tax Act 1958 that is attributable to the land concerned; and
(b)after consultation with any relevant rating authority and with the consent of the authority or of the Minister administering the legislation under which the authority is constituted, make an order under his hand remitting, subject to subsection (5), the whole or any part of any relevant rates payable in respect of such land.
(3)Any order made by the Minister under subsection (2) may at any time in like manner and subject to the like consents and conditions (if any) be varied or revoked by him.
(4)The Commissioner of Land Tax and any rating authority concerned shall comply with any order made by the Minister under this section.
(5)Any land tax or rate remitted under this section during the preceding five years shall become payable on the release of the covenant in respect of the land unless the Minister, on the recommendation of the Trust, otherwise directs.
[4] Ss 10–12:
S. 10 repealed by No. 9863 s. 2, new s. 10 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101).
Ss 11, 12 inserted by No. 64/1986 s. 9, repealed by No. 31/1994 s. 4(Sch. 2 item 101).
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