Victorian Plantations Corporation Act 1993 (Vic)

Case
No judgment structure available for this case.

Version No. 043

Victorian Plantations Corporation Act 1993

No. 61 of 1993

Version

incorporating amendments as at


7 June 2012

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1Purpose

2Commencement

3Definitions

PART 2—THE CORPORATION

4Additional management powers

5Additional powers relating to plantations

5AApplication of State Owned Enterprises Act 1992 to Corporation

6Arrangements with Secretary

PART 3—PLANTATIONS

Division 1—Vested land

7Interpretation of plans

8Vesting of Schedule 1 plantations

8AFurther vesting of plantations

8BDivesting of land from the Corporation

8CLand deemed never to have been vested

8DSaving of status of land

8EClosure of roads

8FDivesting of land from Corporation

8GRemoval of reservations

8HAdditional vesting of plantations

9Consequences of vesting

10Access through Crown land

11Access through vested land

12Access to other land

13Access generally

13ARights under easements over private land extended to Corporation

14Powers over roads

15Secretary's powers concerning timber harvesting

Division 2—Acquisition and disposal of land

16Surrender or transfer of land

17Vested land may revert to the Crown

17ALand which is to revert to the Crown

18Issue of Crown grant

19Acquisition of interests in land

20Disposal of interest in land

Division 3—Managed land

21General management powers

Division 4—General

22Property in forest produce

23Application of Forests Act 1958

24Taking forest produce without authority

25Notice of timber harvesting proposals

26Application of mineral resources legislation

27No compensation payable by Crown or Corporation

PART 3A—PLANTATION LICENCES

Division 1—Definitions

27ADefinitions

Division 2—Licences

27BGrant of licence for forestry business

27CAssignment of licence

27DApplication of Act to licensee

27EApplication of other enactments to licensee

27FPower of licensee to construct roads

27GIssue of Crown grant on surrender of licence

27HCancellation of licence at request of licensee

27ICancellation of licence by Governor in Council

27JNo compensation

Division 3—Registrar and register

27KAppointment of registrar

27LFunctions of registrar

27MEffect of registration

27NCreation etc. of interests in licences

27ODevolution of rights of licensee

27PCorrection of register

27QDisclosure of registered information

27RSurvey standards

27SEvidence

27TOffence

PART 4—GENERAL

28Assets and liabilities—personal property and vested land

29Land management co-operative agreements

30Forestry Acts and Wood Supply Agreements

31Lease documents

32General enforcement powers

33Supreme Court—limitation of jurisdiction

33ARegulations

PART 5—TRANSFER OF CERTAIN PROPERTY AND
STAFF OF CORPORATION

Division 1—Introductory

34Definitions and application

35Power to dispose of business undertaking

36Treasurer may be party to agreements

Division 2—Allocation of property

37Corporation to prepare allocation statement

38Certificate of chief executive officer

Division 3—Transfer of property

39Property transferred

40Allocation of property etc. subject to encumbrances

41Value of transferred property

42Substitution of party to agreement

43Corporation instruments

44Proceedings

45Interests in land

46Amendment of Register

47Evidence

48Validity of things done under this Part

Division 4—Staff

49List of Corporation staff

50Transfer of Corporation staff

51Future terms and conditions of transferred employees

__________________

SCHEDULES

SCHEDULE 1—Plantation Land

SCHEDULE 2—Land to which Access is Required

SCHEDULE 3—Co-operative Land Management Agreements

SCHEDULE 4—Forestry Acts and Agreements

SCHEDULE 5—Roads to be Closed

SCHEDULE 6—Land to be Divested from Corporation

SCHEDULE 7—Land to Cease to be Reserved

SCHEDULE 8—Certified Plans of Plantation Land

═══════════════

ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 043

Victorian Plantations Corporation Act 1993

No. 61 of 1993

Version

incorporating amendments as at


7 June 2012

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The main purpose of this Act is to confer additional functions and powers on the Victorian Plantations Corporation, a State body established under the State Owned Enterprises Act 1992 and to make further provision for the management of plantations.

2Commencement

(1)Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.

3Definitions

In this Act—

Corporation means the Victorian Plantations Corporation established as a State body by Order of the Governor in Council published in the Government Gazette on 13 May 1993[1];

*                *                *                *                *

forest produce means—

(a)vegetation of any kind, whether living or dead; or

(b)any produce or substance derived from vegetation; or

(c)stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

(d)honey or beeswax—

but does not include a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990;

freehold land means land granted to or acquired by the Corporation under Division 2 of Part 3;

key diagram

means any one of the plans numbered LEGL/93-179/1 to


LEGL/93-182/1 in Schedule 1;

managed land means land to which Division 3 of Part 3 applies;

road includes—

(a)Crown land proclaimed or reserved as a road under any Act; or

(b)Crown land shown as a road on a map or plan lodged in the Central Plan Office—

irrespective of whether the road is, or is not, used or is, or is not, formed or sealed;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

vested land means land vested in the Corporation under Division 1 of Part 3.

_______________

PART 2—THE CORPORATION

4Additional management powers

Without limiting the generality of other powers conferred on the Corporation—

(a)the Corporation may—

(i)be a member of a body corporate, association, partnership, trust or other body; or

(ii)form, or participate in the formation of, a body corporate, association, partnership, trust or other body; or

(iii)enter into a joint venture with another person or other persons;

(b)the Corporation may—

(i)accept gifts, grants, bequests and devises;

(ii)act as trustee.

5Additional powers relating to plantations

The powers of the Corporation include the following—

(a)to take or convert or permit the taking or conversion of forest produce from freehold land, managed land or vested land;

(b)to sell or otherwise dispose of forest produce which it takes;

(c)to charge royalties, rent or fees for—

(i)forest produce that the Corporation permits to be taken; or

(ii)leases, licences, permits or other authorities granted by the Corporation; or

(iii)services provided by the Corporation.

5AApplication 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.

6Arrangements with Secretary[2]

The Corporation and the Secretary may enter into agreements or arrangements, including agreements or arrangements relating to—

(a)the supply of goods or services;

(b)the prevention and suppression of fire.

_______________

PART 3—PLANTATIONS

Division 1—Vested land

7Interpretation of plans

(1)If an area shown on a plan referred to in Schedule 1 other than a key diagram is shown or described in that plan or on any of the key diagrams as extending over two or more plans, the boundaries of that area for the purposes of this Division must be taken to be the boundary shown on all the plans over which the area extends, and for that purpose those plans must be read as one plan.

(2)For the purpose of area identification, the particular areas shown on plans referred to in Schedule 1 other than the key diagrams are—

(a)generally described and shown bounded by broken lines and joined dotted lines on plan No. LEGL/93–182/1, in the case of Strzelecki Plantations; and

(b)generally described and shown coloured black on plans LEGL/93–179/1 to


LEGL/93–181/1, in the case of the other plantations.

8Vesting of Schedule 1 plantations

(1)By force of this section, the following land vests in the Corporation—

(a)the land bordered in red on the plans listed in Schedule 1, excluding the lands coloured yellow and bordered in blue on those plans;

(b)the land bordered in green on plan


LEGL/93–12;

(c)the land bordered in green on plan


LEGL/93–120;

(d)the land coloured brown on plans


LEGL/93–158, LEGL/93–159,


LEGL/93–162 and LEGL/93–169.

(2)By force of this section, the land referred to in subsection (1)(b) ceases to be a national park.

(3)By force of this section, the land referred to in subsection (1)(c) ceases to be a State park.

(4)By force of this section, the land referred to in subsection (1)(d) is divested from the Public Transport Corporation.

8AFurther vesting of plantations

(1)By force of this section—

(a)upon a plan being listed in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan, vests in the Corporation; and

(b)upon a plan being substituted in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan which is not already vested in the Corporation, vests in the Corporation.

(2)By force of this section, upon plans


LEGL/93-14/1, LEGL/93-158/1, LEGL/93-162/1 and LEGL/93-169/1 being substituted in Schedule 1, land coloured brown on those plans divests from the Public Transport Corporation and vests in the Corporation.

8BDivesting of land from the Corporation

(1)By force of this section—

(a)upon plans LEGL/93-16/1, LEGL/93-113/1, LEGL/93-125/1, LEGL/93-128/1,


LEGL/93-130/1, LEGL/93-131/1,


LEGL/93-132/1, LEGL/93-133/1, and LEGL/93-134/1 being substituted in Schedule 1, land coloured pink on the plans divests from the Corporation and reverts to the Crown as unalienated Crown land; and

(b)upon plans LEGL/93-16/1, LEGL/93-40/1, LEGL/93-78/1, LEGL/93-125/1,


LEGL/93-127/1, LEGL/93-132/1,


LEGL/93-137/1 and LEGL/93-142/1 being substituted in Schedule 1, land coloured green on those plans divests from the Corporation and reverts to the Crown and is deemed to be reserved forest; and

(c)upon plans LEGL/93-124/1 and


LEGL/93-132/1 being substituted in Schedule 1, land coloured light blue on those plans divests from the Corporation and reverts to the Crown and is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for public purposes; and

(d)upon plan LEGL/93-132/1 being substituted in Schedule 1, the whole of the interest of the Corporation in land coloured golden brown on the plan vests in the Government Employee Housing Authority established under the Government Employee Housing Authority Act 1981.

8CLand deemed never to have been vested

Land coloured grey upon plans LEGL/93-22/1, LEGL/93-90/1, LEGL/93-91/1, LEGL/93-94/1, LEGL/93-100/1 and LEGL/93-108/1 listed in Schedule 1 is deemed never to have been vested in the Corporation and any folio of the Register kept under the Transfer of Land Act 1958 and any registered interest or dealing with respect to that land is as effective and is deemed always to have been as effective as if that land had never been vested in the Corporation.

8DSaving of status of land

Except as otherwise provided for in the amendments made to this Act by the Victorian Plantations Corporation (Amendment) Act 1994, the substitution of a plan in Schedule 1 by that Act does not affect the status of any land identified on the plan.

8EClosure of roads

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

(ii)the land coloured purple on plan LEGL/98-16 lodged at the Central Plan Office under the Survey Co‑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.

8FDivesting of land from Corporation

By force of this section, upon the commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, land in a Crown Allotment listed in Schedule 6 on a certified plan listed in that Schedule divests from the Corporation and reverts to the Crown as unalienated Crown land.

8GRemoval of reservations

(1)This section applies to—

(a)the land shown hatched on a plan listed in Part 1 of Schedule 7; and

(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)the land coloured red on plans LEGL/97-175 and LEGL/98-16 lodged at the Central Plan Office under the 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 commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, the land to which this section applies—

(a)ceases to be subject to any permanent or temporary reservation applying to it 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.

8HAdditional vesting of plantations

(1)By force of this section, upon the commencement of section 6 of the Victorian Plantations Corporation (Amendment) Act 1998, land in a Crown Allotment listed in Schedule 8 on a certified plan listed in that 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 subsection (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.

9Consequences of vesting

(1)On its vesting in the Corporation under this Division, vested land—

(a)ceases to be subject to any permanent or temporary reservation applying to it under the Crown Land (Reserves) Act 1978;

(b)ceases to be reserved forest;

(c)except as otherwise provided in this Act, ceases to be subject to the Forests Act 1958.

(2)This section does not—

(a)affect the continuity of status or effect of any lease, licence, permit or authority existing over vested land immediately before its vesting under this Division; or

(b)affect the operation of the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, Petroleum Act 1998, Mineral Resources (Sustainable Development) Act 1990 or the Water Act 1989; or

(c)bring vested land under the operation of the Transfer of Land Act 1958; or

(d)prevent the issue of a Crown grant for vested land under Division 2; or

(e)affect any easement, interest, right, power or privilege existing over the vested land immediately before its vesting under this Division in favour of a body corporate created under an Act or an Act of the Commonwealth and relating to drainage, telephone or other communications, or the supply of electricity or gas.

(3)A lease, licence, permit or authority referred to in subsection (2)(a) must be taken to have been granted by the Corporation, and, in relation to any period on or after the commencement of this section, a reference (however expressed) to the grantor of the lease, licence, permit or authority must be taken to be a reference to the Corporation.

(3A)Section 4(1) of the Crown Land (Reserves) Act1978 does not apply to vested land.

(4)Subject to this Division, the Corporation has the same rights and remedies in relation to the entry of persons on to vested land as it would have if it were the owner of that land.

10Access through Crown land

(1)The Secretary must grant to the Corporation those rights over Crown land that are necessary to give the Corporation reasonable access to vested land.

(2)Subsection (1) applies despite anything to the contrary in the Crown Land (Reserves) Act 1978 or in any Order under that Act.

11Access through vested land

The Corporation must grant to the Minister or the Secretary (as the case requires) those rights over vested land that are necessary to give reasonable access through that land to—

(a)Crown land; or

(b)land bordered in purple and shown by hatching on a plan referred to in Schedule 1; or

(c)land bordered in blue on the plans referred to in Schedule 1 and numbered LEGL/93–29 and LEGL/93–100/1.

12Access to other land

(1)The Corporation must grant to a person or body listed in Column 1 of an item in Schedule 2 those rights over vested land that are necessary to give reasonable access to the land listed in Column 2 of that item.

(2)The rights may be recorded in the Register under the Transfer of Land Act 1958.

*                *                *                *                *

13Access generally

(1)An access right under section 10, 11 or 12 may be granted by way of lease, licence or permit or in any other way agreed between the person granting the right and the person to whom it is granted.

(2)The nature and extent of that access right must be determined by agreement between the person granting the right and the person to whom it is granted or, failing that agreement, by the Minister.

(3)If the Minister determines the nature and extent of an access right, the Minister may give any directions to the person who is to grant the right that the Minister considers necessary to implement that determination, and that person must comply with that direction.

(4)An access right may be granted with or without fee or other consideration.

(5)In determining the nature and extent of an access right, the factors which must be considered include, but are not limited to—

(a)whether there is a usable road giving practicable access;

(b)the means of access existing before the land became vested land;

(c)the use of the land over which access is proposed;

(d)whether the land to which access is required is wholly or partially surrounded by the land through which access is to be given.

(6)An access right is also exercisable by the servants, agents or invitees of the person granted the right and by any person with a lease, licence, permit or authority over the land to which access is required.

13ARights under easements over private land extended to Corporation

(1)In instrument number 1671165 lodged in the Office of Titles, a reference to His Majesty King George VI is deemed to include a reference to the Corporation.

(2)In Crown Grant Volume 7924 Folio 057, a reference to the Forests Commission is deemed to include a reference to the Corporation.

(3)In instrument number 1636036 lodged in the Office of Titles, a reference to His Majesty King Edward VIII is deemed to include a reference to the Corporation.

14Powers over roads

(1)For the purposes of carrying out its functions and powers the Corporation—

(a)may construct roads on freehold land or vested land or, with the consent of the land manager under Division 3, managed land;

(b)may temporarily close to traffic roads on any of that land.

(2)On the recommendation of the Minister after consultation with the Corporation, the Governor in Council, under section 25(3)(c) of the Land Act 1958, may proclaim any vested land or managed land to be a road and that paragraph and section 25(4) of that Act apply to that land as if those provisions referred to vested land or managed land instead of Crown land.

(3)On the recommendation of the Minister after consultation with the Corporation and, in the case of managed land, with the consent of the land manager, the Governor in Council, by Order published in the Government Gazette may declare that the whole or any part of a road on—

(a)land coloured yellow on a plan referred to in Schedule 1; or

(b)managed land—

is closed as a road.

(4)On the date of publication of the Order in the Government Gazette—

(a)the land to which the Order relates is closed as a road; and

(b)all rights, easements and privileges (existing or claimed 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)to the extent (if any) indicated in the Order, the land vests in the Corporation.

(5)The powers in this section are in addition to and do not take away from any other powers to construct or close roads.

(6)This section does not apply to a freeway or an arterial road within the meaning of the Road Management Act 2004.

15Secretary's powers concerning timber harvesting

(1)For the purposes of complying with sections 52A to 52C of the Forests Act 1958, the Secretary—

(a)may enter land bordered in purple and shown by hatching on the plans referred to in Schedule 1;

(b)may take, sell or otherwise dispose of forest produce from that land;

(c)may grant licences or permits over that land under the Forests Act 1958 as if the land were reserved forest.

(2)For the purposes of sections 52A to 52E and the Third Schedule of the Forests Act 1958, the land referred to in subsection (1)(a) must be taken to be State forest.

(3)Subsections (1) and (2) cease to apply on the day after the date of expiry of the timber supply period which began on 1 July 1991.

(4)Despite subsection (3) a licence or permit granted in accordance with provisions applied by subsections (1) and (2) and in force immediately before subsections (1) and (2) cease to apply, has effect from the date referred to in subsection (3) as if granted by the Corporation, and as if any reference in the licence or permit to the Secretary were a reference to the Corporation;

(5)For the purpose of the provisions applied by subsections (1) and (2), the Secretary may charge and collect royalties and fees as if the forest produce concerned were owned by the Crown, and no royalties are payable by the Secretary to the Corporation for the taking of that forest produce.

(6)In this section, timber supply period has the same meaning as in the Forests Act 1958.

(7)Despite the repeal of the definition of timber supply period in the Forests Act 1958, sections 52A to 52F of that Act and the Third Schedule to that Act by section 109 of the Sustainable Forests (Timber) Act 2004, for the purposes of this section, that definition, those sections and that Schedule continue to have effect as if they had not been repealed.

Division 2—Acquisition and disposal of land

16Surrender or transfer of land

(1)The Corporation may, with the approval of the Minister, surrender to the Crown any interest in—

(a)any freehold land or vested land; or

(b)any managed land that is Crown land.

(2)Without limiting subsection (1), the Corporation is an Authority for the purposes of the surrender, exchange or transfer of land under section 22A of the Land Act 1958.

17Vested land may revert to the Crown

(1)If the Minister considers that vested land—

(a)is no longer suitable for plantations; or

(b)should revert to the Crown to enable it to be granted to the Corporation—

the Minister may recommend to the Governor in Council that the land should revert to the Crown.

(2)On the Minister's recommendation under subsection (1), the Governor in Council, by Order published in the Government Gazette, may divest the land from the Corporation and revest it in the Crown.

(3)An Order under subsection (2) does not affect any lease, licence, permit or other authority existing over the land immediately before the date of publication of the Order, but from that date that lease, licence, permit or authority has effect as if granted by the Secretary.

17ALand which is to revert to the Crown

(1)On 1 January 2015, or, if the Minister and the Corporation agree on an earlier date, on that date, land bordered in red on plans LEGL/94-10 and LEGL/94-13 is divested from the Corporation and reverts to the Crown as unalienated Crown land.

(2)Upon the completion of the final harvest of the plantation on the land bordered in red on plans LEGL/94-10 and LEGL/94-13—

(a)the land from which the timber has been harvested must be treated to a sufficient extent to enable the successful seeding of eucalypt species native to the general locality; and

(b)that land must be seeded with such species—

to the standard agreed upon between the Corporation and the Secretary.

18Issue of Crown grant

(1)The Governor in Council, on behalf of the Crown, may grant to the Corporation for an estate in fee simple—

(a)any unalienated Crown land that is not reserved under the Crown Land (Reserves) Act 1978 and is not State forest within the meaning of the Forests Act 1958; or

(b)any land that reverts or is surrendered to the Crown under this Division.

(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.

19Acquisition of interests in land

(1)For the purposes of carrying out its functions and powers, the Corporation may acquire any interest, right or privilege in land otherwise than by compulsory process.

(2)An interest, right or privilege in land may be acquired under subsection (1) with or without consideration.

20Disposal of interest in land

(1)The Corporation may sell or otherwise dispose of any interest, right or privilege in freehold land on any terms and conditions it thinks fit.

(2)For the purposes of this Act, the Corporation may grant leases, licences or permits over vested land.

Division 3—Managed land

21General management powers

(1)The Secretary may lease to the Corporation any Crown land (whether or not reserved under the Crown Land (Reserves) Act 1978) on any terms and conditions that the Secretary may determine.

(2)A public statutory authority may lease to the Corporation any land vested in it and not immediately required for its purposes on any terms and conditions it may determine.

(3)Subject to any lease under subsection (1) or (2)—

(a)the Corporation must manage the land as if it were vested land; and

(b)without limiting its other powers, the Corporation has over that land the same powers as the land manager has; and

(c)the Corporation is entitled to receive and retain for its own use any fees, charges or royalties payable in respect of the land or any forest produce on the land as if it were the land manager, and is not liable to account to the land manager for that money.

(4)Unless a lease under this section otherwise expressly provides, any relevant law (within the meaning of the Conservation, Forests and Lands Act 1987) applying to Crown land immediately before it is leased under this section continues to apply.

(5)In this section land manager means a lessor of land under subsection (1) or (2).

Division 4—General

22Property in forest produce

(1)The Corporation owns forest produce on freehold land and vested land.

(2)Property in forest produce owned by the Corporation passes from the Corporation to a person authorised to take the produce when the produce is taken in accordance with that authority and any appropriate royalty is paid.

23Application of Forests Act 1958

(1)Sections 54, 74 to 76, 78 to 80, 82 to 84 and 97 of the Forests Act 1958, and any regulations having effect for the purposes of those sections, apply to freehold land and vested land as if—

(a)they referred to freehold land or vested land instead of to reserved forest, protected forest or forest; and

(b)they referred to the Corporation instead of to the Secretary or the Crown—

and as if a reference in those sections to "this Act" were a reference to the Victorian Plantations Corporation Act 1993.

(2)If a provision of this Act is inconsistent with a provision applied by subsection (1), the provision of this Act prevails.

24Taking forest produce without authority

(1)A person must not take forest produce owned by the Corporation except in accordance with this Act and with a lease, licence permit or other authority authorising that taking.

Penalty:50 penalty units or imprisonment for 12 months, or both.

(2)Forest produce must be taken in accordance with any relevant approved code of practice under Part 5 of the Conservation, Forests and Lands Act 1987.

25Notice of timber harvesting proposals

(1)Before taking, or permitting the taking, of forest produce from land to which a planning scheme applies, the Corporation must give written notice of its proposal to—

(a)the municipal council, if the land is in a municipal district; or

(b)in any other case, the Minister administering the Planning and Environment Act 1987.

(2)Before taking, or permitting the taking of, forest produce from land to which a planning scheme does not apply, the Corporation must give written notice of its proposal to the Secretary.

(3)The Corporation must take into account comments on a proposal received from the Secretary not later than 28 days after notice of the proposal was given under subsection (2).

26Application of mineral resources legislation

(1)Operations under the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998 that involve the taking of forest produce are not to be carried out on vested land or managed land except with the Corporation's consent and on any terms or conditions that it imposes.

(2)A person dissatisfied with a refusal of consent or a term or condition imposed under subsection (1) may appeal to the Premier, who may review the matter and may confirm, vary or quash the original decision or make a decision in substitution for it.

27No compensation payable by Crown or Corporation

No compensation is payable by the Crown or the Corporation in respect of—

(a)the vesting or divesting of land under Division 1; or

(b)the divesting of land under Division 2; or

(c)the revocation of a reservation or the closure of a road under this Part.

_______________

PART 3A—PLANTATION LICENCES

Division 1—Definitions

27ADefinitions

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);

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 Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998.

Division 2—Licences

27BGrant 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).

(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 that are 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.

27CAssignment 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.

27DApplication 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)the land from which the timber has been harvested is treated to a sufficient extent to enable the successful seeding of eucalypt species native to the general 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).

27EApplication of other enactments to licensee

(1)Despite anything to the contrary in the Water Act 1989, a licensee of licensed land 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 land was private land.

27FPower of licensee to construct roads

A licensee may construct roads on licensed land.

27GIssue 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.

27HCancellation 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.

(2)The Corporation, with the approval of the Minister, may cancel the licence.

27ICancellation 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 subsection (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 subsection (1), the Minister must give an opportunity to be heard to any person to whom a notice is given under subsection (2) who makes a submission within the period set out in the notice.

27JNo 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

27KAppointment of registrar

There is to be a registrar of plantation licences employed under Part 3 of the Public Administration Act 2004.

27LFunctions 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 Conservation, Forests and Lands Act 1987 to be registered on the register;

(f)any other prescribed documents.

(4)The registrar must—

(a)record in the register as the case requires the prescribed information contained in any document registered under subsection (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 subsection (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 subsection (3) that does not contain the prescribed information or that is not in an approved form.

27MEffect 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.

(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 not been enacted.

27NCreation 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.

27ODevolution 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)Subsection (1) applies despite anything in any Act or rule of law to the contrary.

27PCorrection of register

(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.

(4A)An application for review must be made within 28 days after the later of—

(a)the day on which the decision is made; or

(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(5)The registrar must make any correction to the register that is necessary to implement the decision of the Tribunal.

27QDisclosure 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

(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.

27RSurvey 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.

27SEvidence

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.

27TOffence

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.

_______________

PART 4—GENERAL

28Assets and liabilities—personal property and vested land

(1)On the Minister's recommendation, the Governor in Council, by Order published in the Government Gazette, may transfer to the Corporation—

(a)any personal property of the Crown or the Secretary that was used in connection with vested land immediately before its vesting in the Corporation, or in connection with managed land that is Crown land; or

(b)any liabilities of the Crown or the Secretary incurred in relation to personal property referred to in paragraph (a) and transferred to the Corporation, to the extent that those liabilities are capable of being transferred; or

(c)any liabilities of the Crown or the Secretary incurred in relation to vested land, to the extent that those liabilities are capable of being transferred.

(2)The Corporation must indemnify the Crown or the Secretary (as the case requires) in respect of each specified liability.

(3)In subsection (2) specified liability means a liability—

(a)incurred by the Crown or the Secretary in relation to—

(i)personal property transferred to the Corporation under subsection (1); or

(ii)vested land; and

(b)that is not capable of being transferred or has not been transferred to the Corporation under this section; and

(c)that is specified by the Treasurer after consultation with the Minister by notice published in the Government Gazette.

29Land management co-operative agreements

(1)The Corporation has the same powers with respect to agreements as the Secretary has under Part 8 of the Conservation, Forests and Lands Act 1987.

(2)Part 8 of the Conservation, Forests and Lands Act 1987 applies to an agreement under subsection (1) as if that part referred to the Corporation instead of the Secretary.

(3)On and from the date of commencement of this section, a specified agreement has effect by force of this section as if the Director-General were the Corporation, and any reference in that agreement or in any instrument or document referring to that agreement or in a folio of the Register under the Transfer of Land Act 1958 to the Director-General must be taken to be a reference to the Corporation.

(4)In this section specified agreement means an agreement under Part 8 of the Conservation, Forests and Lands Act 1987 between the Director-General and a person specified in Column 1 of Schedule 3 on the date specified opposite it in Column 2 of that Schedule.

30Forestry Acts and Wood Supply Agreements

(1)On and from the date of commencement of this section, a forestry agreement has effect by force of this section in so far as it relates to softwood, as if it had been entered into by the Corporation instead of the Director-General or the Forests Commission (as the case requires).

(2)Despite anything to the contrary in a forestry Act or forestry agreement, in so far as it relates to softwood, the Corporation—

(a)has the rights and powers conferred on the Director-General by the agreement; and

(b)is subject to the obligations of the Director-General under the agreement; and

(c)is responsible for carrying out the agreement.

(3)To the extent that a forestry Act or forestry agreement relates to softwood, a reference to the Director-General or the Forests Commission (as the case requires) in—

(a)a provision of a forestry Act authorising or requiring the Director-General or the Commission to carry out a forestry agreement; or

(b)a forestry agreement—

must, on and from the date of commencement of this subsection, be taken to be a reference to the Corporation.

(4)Despite anything to the contrary in a forestry Act or a forestry agreement, the Corporation may collect and retain for its own use any royalty, fee or charge payable in accordance with that Act or agreement in so far as it relates to softwood.

(5)In this section—

forestry Act means an Act listed in Column 2 of an item in Schedule 4;

forestry agreement means an agreement listed in column 3 of that item;

Forests Commission means the Forests Commission established under the Forests Act 1958 as in force before 1 July 1987.

31Lease documents

(1)On and from the date of commencement of this section, a specified lease document has effect, by force of this section, in relation to leased land as if it had been entered into by the Corporation instead of the lessee as defined in that document, and any reference in that document or in any instrument, document or folio of the Register under the Transfer of Land Act 1958 relating to that specified lease document to the lessee (however expressed), must be taken to be a reference to the Corporation.

(2)In this section—

leased land in relation to a specified lease document means the land included in Schedule A of that document at the date of commencement of this section;

specified lease document means—

(a)the document called an agreement and lease, dated 28 January 1988 and expressed to be made between the Rural Water Commission (whose successor in law is now the Rural Water Corporation) and the Director-General of Conservation, Forests and Lands constituted under the provisions of the Conservation, Forests and Lands Act 1987; or

(b)the document called an agreement and lease, dated 6 November 1991 and expressed to be made between the State Electricity Commission of Victoria and the Director-General of Conservation and Environment constituted under the provisions of the Conservation, Forests and Lands Act 1987.

32General enforcement powers

(1)For the purposes of this Act, the Corporation has the powers conferred on it by the Conservation, Forests and Lands Act 1987.

(2)Fees and penalties under this Act are payable to the Corporation.

(3)A document required or authorised to be served on the Corporation may be served—

(a)personally on a person apparently concerned in the management of the Corporation; or

(b)personally on a person apparently authorised to accept service of documents on behalf of the Corporation; or

(c)by post to the principal office of the Corporation.

33Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of the matters referred to in section 27.

33ARegulations

The Governor in Council may make regulations for or with respect to any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

_______________

PART 5—TRANSFER OF CERTAIN PROPERTY AND STAFF OF CORPORATION

Division 1—Introductory

34Definitions 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 the relevant 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, payable to or by the Corporation; or

(ii)other property is to be, or may become liable to be, 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 Corporation that, under this Part, have 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)in relation to an allocation statement or property, rights or liabilities allocated under an allocation statement, means the date fixed by the Treasurer under subsection (2) for the purposes of that statement;

(b)in relation to a document referred to in section 49(1), means a date fixed by the Treasurer under subsection (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 in section 30.

35Power to dispose of business undertaking

(1)Despite anything to the contrary in the State Owned 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, assignment, transfer or disposal of any part of its business undertaking.

36Treasurer may be party to agreements

Without limiting, or taking away, any of his 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

37Corporation to prepare allocation statement

(1)The Corporation must give to the Treasurer, within the period directed by the Treasurer, a statement or statements approved by the Treasurer relating to the property, rights and liabilities of the Corporation as at a date specified by the Treasurer for the purposes of the relevant statement.

(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

(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 subsection (4) or an amendment under subsection (5) that would affect a person or persons nominated by the Treasurer under subsection (2) must not be 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.

38Certificate 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 subsection (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 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 subsection (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 available for inspection by an interested person.

Division 3—Transfer of property

39Property 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.

40Allocation of property etc. subject to encumbrances

Unless an allocation statement under this Part otherwise provides, where, under this Part—

(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.

41Value of transferred property

(1)The value to a Corporation transferee of former 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 in accordance with, the statement.

42Substitution of party to agreement

If, under an allocation statement, the rights 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

(b)on and after the relevant date, the agreement has effect as if the person had always been a party to the agreement.

43Corporation instruments

Each Corporation instrument relating to 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.

44Proceedings

If, immediately before the relevant date, 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.

45Interests in land

Without prejudice to the generality of this 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

(b)the Corporation transferee has the same rights and remedies in respect of that interest as the Corporation has.

46Amendment 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 subsection (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.

*                *                *                *                *

47Evidence

(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)The Evidence Act 2008 applies 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, as if those books of account and entries were business records.

*                *                *                *                *

48Validity 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 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

49List of Corporation staff

(1)Before the relevant date, the Corporation must prepare and submit to the Treasurer a document signed by the chief executive officer listing officers and employees of the Corporation and specifying, in respect of 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.

(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 or being dismissed at any time before the relevant date in accordance with the terms and conditions of his or her appointment or employment.

50Transfer 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 be regarded 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 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.

51Future terms and conditions of transferred employees

Nothing in section 50 prevents—

(a)any of the terms and conditions of employment of a transferred Corporation employee from being 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.

__________________

SCHEDULES

SCHEDULE 1

PLANTATION LAND

(List of plans lodged at the Central Plan Office under the SurveyCo‑ordination Act 1958)

Plan No. Plantation Name

LEGL/93-1

Emerson Plantation, Glenaulin

LEGL/93-2

Lyons Plantation, Glenaulin

LEGL/93-3

Mt Richmond Plantation, Mt Richmond

LEGL/93-4

Kangaroo Park Plantation, Winyayung

LEGL/93-5

Slater/Porter Plantations, Mt Eccles

LEGL/93-6

Malseeds Plantation, Mt Eccles

LEGL/93-7

Simpkin/Weerona Plantations, Hotspur

LEGL/93-8

Brisbane Plantation, Hotspur

LEGL/93-9

Smokey Valley Plantation, Hotspur

LEGL/93-10

Kentbruck Plantation, Kentbruck

LEGL/93-11

Kentbruck Plantation, Kentbruck

LEGL/93-12

Kentbruck Plantation, Kentbruck

LEGL/93-13

Bahgallah Plantation, Killara

LEGL/93-14/1

Rennick Plantation, Rennick

LEGL/93-15

Rennick Plantation, Rennick

LEGL/93-16/1

Rennick Plantation, Rennick

LEGL/93-17

Rennick Plantation, Rennick

LEGL/93-18

Rennick Plantation, Rennick

LEGL/93-19

Rennick Plantation, Rennick

LEGL/93-20

Rennick Plantation, Rennick

LEGL/93-21

Lane Plantation, Weecurra

LEGL/93-22/1

Read Plantation, Weecurra

Plan No

Plantation Name

LEGL/93-23

Mocamboro Plantation, Mocamboro

LEGL/93-24

Castlemaine Plantation, Campbells Creek

LEGL/93-26

Wylies Plantation, Enfield

LEGL/93-27

Mt Mercer Plantation, Enfield

LEGL/93-28

Happy Valley Plantation, Linton

LEGL/93-29

Scarsdale Plantation, Linton

LEGL/93-30

Cape Clear Plantation, Linton

LEGL/93-31

Carngham Plantation, Skipton

LEGL/93-32

Shepherds Flat Plantation, Durham

LEGL/93-33

Canadian Plantation, Warrenheip

LEGL/93-34

Yarrowee Plantation, Warrenheip

LEGL/93-35

Douglas Plantation, Mt Lonarch/Mt Cole

LEGL/93-36

Avoca River Plantation, Mt Lonarch

LEGL/93-37/1

Red Hill Plantation, Mt Lonarch

LEGL/93-38

Mt Beckworth Plantation

LEGL/93-39/1

Creswick Plantation, Springmount & VSF

LEGL/93-40/1

Cobblers Gully Plantation, Glen Park

LEGL/93-41

Petticoat Plantation, Glen Park

LEGL/93-42/1

Aire Valley Plantation

LEGL/93-43/1

Aire Valley Plantation

LEGL/93-44

Boonah Plantation, Retreat

LEGL/93-45

Boonah Plantation, Wormbete

LEGL/93-46

Otways Plantation, Yaugher

LEGL/93-47/1

Webster Hill Plantation

LEGL/93-48/1

Webster Hill Plantation

LEGL/93-49

Webster Hill Plantation

LEGL/93-50

Irrewillipe Plantation, Irrewillipe

LEGL/93-52

Bungal Plantation, Bungal

LEGL/93-53

Basalt Plantation, Hepburn

LEGL/93-54/1

Spargo Plantation, Barkstead

Plan No.

Plantation Name
LEGL/93-55/1 Bells Reef Plantation, Barkstead

LEGL/93-57/1

Railway Plantation, Macedon

LEGL/93-58

Macedon Plantation, Macedon

LEGL/93-59

Campaspe Seed Orchard

LEGL/93-60

Piper Plantation, Piper

LEGL/93-61/1

Too-rour Plantation, Too-rour

LEGL/93-62

Warrenbayne Plantation

LEGL/93-63

Warrenbayne Plantation

LEGL/93-64

Blue Range Plantation

LEGL/93-65/1

Blue Range Plantation

LEGL/93-66/1

Mansfield Plantation, Holland, Upper/Lower Ryan

LEGL/93-67/1

Alexandra Plantation, Mohican East

LEGL/93-68

Alexandra Plantation, Glendale

LEGL/93-69

Toolangi Plantation, Mt Robertson

LEGL/93-70/1

Marysville Plantation, Narbethong

LEGL/93-71

Marysville Plantation, Robbies

LEGL/93-72

Giffard Plantation, Giffard

LEGL/93-73

Strzelecki Plantation, Darlimurla

LEGL/93-74

Strzelecki Plantation, Jeeralang

LEGL/93-75

Strzelecki Plantation, Jeeralang

LEGL/93-76

Strzelecki Plantation, Livingston

LEGL/93-77

Strzelecki Plantation, Livingston

LEGL/93-78/1

Strzelecki Plantation, Livingston

LEGL/93-79

Strzelecki Plantation, Boolarra South

LEGL/93-80

Strzelecki Plantation, Boolarra South

LEGL/93-81

Strzelecki Plantation, Turtons

LEGL/93-82

Strzelecki Plantation, Turtons

LEGL/93-83

Strzelecki Plantation, Woorarra

LEGL/93-84

Strzelecki Plantation, Woorarra
Plan No. Plantation Name

LEGL/93-85

Strzelecki Plantation, Woorarra

LEGL/93-86

Strzelecki Plantation, Woorarra

LEGL/93-87

Strzelecki Plantation, Woorarra

LEGL/93-88

Strzelecki Plantation, Albert

LEGL/93-89/1

Strzelecki Plantation, Albert

LEGL/93-90/1

Strzelecki Plantation, Albert

LEGL/93-91/1

Strzelecki Plantation, Albert

LEGL/93-92

Strzelecki Plantation, Jack

LEGL/93-93

Strzelecki Plantation, Jack

LEGL/93-94/1

Strzelecki Plantation, Jack

LEGL/93-95/1

Strzelecki Plantation, Jack

LEGL/93-96

Strzelecki Plantation, Macks

LEGL/93-97

Strzelecki Plantation, Macks

LEGL/93-98

Strzelecki Plantation, Macks

LEGL/93-99/1

Strzelecki Plantation, Bodman

LEGL/93-100/1

Strzelecki Plantation, Bodman

LEGL/93-101

Strzelecki Plantation, Bodman

LEGL/93-102

Gelliondale Nursery

LEGL/93-103

Mullungdung Plantation, Mullungdung

LEGL/93-104/1

Strzelecki Plantation, Mullungdung

LEGL/93-105

Strzelecki Plantation, Callignee

LEGL/93-106

Strzelecki Plantation, Callignee

LEGL/93-107

Strzelecki Plantation, Callignee

LEGL/93-108/1

Strzelecki Plantation, Callignee

LEGL/93-109

Strzelecki Plantation, Wonwron

LEGL/93-110

Strzelecki Plantation, Wonwron

LEGL/93-111

Strzelecki Plantation, Wonwron

LEGL/93-112

Strzelecki Plantation, Wonwron

LEGL/93-113/1

Strzelecki Plantation, Wonwron

LEGL/93-114

Strzelecki Plantation, Leongatha
Plan No. Plantation Name

LEGL/93-115

Strzelecki Plantation, Mullungdung

LEGL/93-116

Strzelecki Plantation, Callignee

LEGL/93-117

Allambee Plantation, Mt Worth

LEGL/93-118

Loch Valley Plantation, Loch

LEGL/93-119

Neerim East Plantation, Latrobe

LEGL/93-120

Moondarra Plantation, Moondarra

LEGL/93-121

Childers Plantation, Childers

LEGL/93-122

Ballas Plantation, Dutson

LEGL/93-123

Jeeralang Plantation, Traralgon

LEGL/93-124/1

Braithwaites and Junction Plantation

LEGL/93-125/1

Bright Plantations, Porepunkah and Havilah

LEGL/93-126

Bright Plantation, Running Creek/Havilah

LEGL/93-127/1

Porepunkah Plantation

LEGL/93-128/1

Two Mile Creek Plantation, Bright

LEGL/93-129

Water Reserve Plantation

LEGL/93-130/1

Morses Creek Plantation, Bright

LEGL/93-131/1

Morses Creek Plantation, Bright

LEGL/93-132/1

Hill and Racecourse Plantation

LEGL/93-133/1

Freeburgh Plantation, Freeburgh

LEGL/93-134/1

Smoko Plantation, Freeburgh

LEGL/93-135

Chiltern Water Reserve Plantation

LEGL/93-136

Beechworth Plantation, Magpie

LEGL/93-137/1

Beechworth Plantation, Stanley

LEGL/93-138

Beechworth Plantation, Stanley/Bruarong

LEGL/93-139/1

Beechworth Plantation, Bruarong

LEGL/93-140

Bruarong Plantation, Bruarong

LEGL/93-141

Beechworth Plantation, Dingle

LEGL/93-142/1

Myrtleford Plantation, Gapstead, Dingle, Bruarong

LEGL/93-143/1

Ovens Plantation, Ovens
Plan No. Plantation Name

LEGL/93-144

Ovens Plantation, Ovens

LEGL/93-145

Merriang Plantation, Merriang

LEGL/93-146

Merriang Plantation, Merriang

LEGL/93-147

Running Creek Plantation

LEGL/93-148

Long Corner Creek Plantation

LEGL/93-149

Hurdle Creek Plantation, Merriang/Emu

LEGL/93-150

Hurdle Creek Plantation, Merriang/Carboor

LEGL/93-151

Hurdle Creek Plantation

LEGL/93-152

Hurdle Creek Plantation

LEGL/93-153/1

Cropper Creek Plantation

LEGL/93-154/1

Cropper Creek Plantation

LEGL/93-155/1

Cropper Creek Plantation

LEGL/93-156

Rose Valley Plantation, Rose

LEGL/93-157/1

Shelley Plantation, Gould

LEGL/93-158/1

Shelley Plantation, Gould

LEGL/93-159/1

Shelley Plantation, Burrowye & Lawson

LEGL/93-160/1

Shelley Plantation, Burrowye

LEGL/93-161

Shelley Plantation, Burrowye & Koetong

LEGL/93-162/1

Shelley Plantation, Lucyvale

LEGL/93-163/1

Shelley Plantation, Jemba

LEGL/93-164/1

Shelley Plantation, Koetong

LEGL/93-165/1

Shelley Plantation, Koetong

LEGL/93-166

Shelley Plantation, Koetong, Jemba Walwa

LEGL/93-167/1

Shelley Plantation, Jinjellic

LEGL/93-168/1

Shelley Plantation, Jinjellic

LEGL/93-169/1

Shelley Plantation, Railway

LEGL/93-170

Shelley Plantation, Railway & Jemba

LEGL/93-171

Mitta Plantation, Bullhead and Mt Benambra

LEGL/93-172

Mitta Plantation, Eskdale

LEGL/93-173

Lucyvale Plantation, Wabba
Plan No. Plantation Name

LEGL/93-174

Shelley Plantation, Walwa

LEGL/93-175

Shelley Plantation, Bullioh

LEGL/93-176

Everton Plantation, Eldorado

LEGL/93-179/1

Locality Plan S. W. Sheet

LEGL/93-180/1

Locality Plan N. E. Sheet

LEGL/93-181/1

Locality Plan S. E. Sheet

LEGL/93-182/1

Locality Plan Strzelecki Plantations

LEGL/94-10

Victoria Valley (Billywing)

LEGL/94-11

Brisbane Ranges

LEGL/94-13

Mt. Alexander

LEGL/94-15

Bullarto Stewarts Creek

LEGL/94-16

Mansfield

LEGL/94-17

Delatite

LEGL/94-18

Delatite

LEGL/94-19

Delatite

LEGL//94-20

Delatite

LEGL/94-21

Latrobe Zone Office, Victorian Plantations Corporation

_______________

SCHEDULE 2

LAND TO WHICH ACCESS IS REQUIRED

Column 1 Column 2
Item Person or body Particulars of land

  1

Registered proprietor for the time being

Crown allotment 8C Parish of Wensleydale

  2

Registered proprietor for the time being

Crown allotment 3 Section E Parish of Wombat

  3

Registered proprietor for the time being

Crown allotment 1 Section A Parish of Korweinguboora

  4

Council of the Municipal District of Alberton

Land bordered in blue on plan LEGL/93-98

  5

Registered proprietor for the time being

Folio of the Register Volume 1417 Folio 248

  6

Registered proprietor for the time being

Folio of the Register Volume 171 Folio 015

  7

Registered proprietor for the time being

Folio of the Register Volume 283 Folio 591

  8

Registered proprietor for the time being

Folio of the Register Volume 9484 Folio 582

  9

Registered proprietor for the time being

Folio of the Register Volume 293 Folio 583

10

Council of Mirboo North High School

Land bordered in blue on Plan LEGL/93-73

_______________

SCHEDULE 3

CO-OPERATIVE LAND MANAGEMENT AGREEMENTS

Person

Date

L W and B K Bragge

5 January 1989

D I and B W Hodgkinson

31 January 1989

E T and J C Graves

8 November 1989

D W and I C Hinkley

15 February 1990

J Thomson

26 March 1990

P A Mowat

31 January 1991

J E and M J Talbot

31 January 1991

R Svenson

31 January 1991

J A and C M Reid

31 January 1991

D L and P V Foster

31 January 1991

P Berchtold

31 January 1991

W DAN Pty Ltd

31 May 1991

Q D Young

30 May 1991

M J T Burston

31 May 1991

Latrobe Region Water Authority

25 November 1991

Mallacoota Water Board

19 December 1991

D S and M P Snell

27 December 1991

Orbost Water Board

23 November 1992

F J and J M Horvath

27 February 1992

Mount Bellevue Investments Pty Ltd

23 June 1992

_______________

SCHEDULE 4

FORESTRY ACTS AND AGREEMENTS

Item

Forestry Acts

Forestry Agreements

  1

Forests (Wood Pulp Agreement) Act 1961

Agreement set out in Schedule (as amended by agreement set out in Schedule of Forests (Wood Pulp Agreement) Act 1966 and agreement set out in Schedule 1 of Forests (Wood Pulp Agreements) Act 1974)

  2

Forests (Wood Pulp Agreements) Act 1974

Agreement set out in Schedule 2 (amended by agreement set out in Schedule of Forests (Wood Pulp Agreement) (Amendment) Act 1985)

  3

Forests (Wood Pulp Agreement) (Amendment) Act 1985

Agreement set out in Schedule

  4

Forests (Softwood Holdings Agreement) Act 1975

Agreement set out in Schedule

  5

Forests (Australian Newsprint Mill Limited) Act 1980

Agreement set out in Schedule

  6

Forests (Bowater–Scott Agreement) Act 1986

Agreement set out in Schedule

  7

Forests (Dunstan Agreement) Act 1987

Agreement set out in Schedule

  8

Forests (Laminex Industries Agreement) Act 1989

Agreement set out in Schedule

  9

Forests (Victree Forests Agreement) Act 1989

Agreement set out in Schedule

Item

Forestry Acts

Forestry Agreements

10

Agreement dated 14 April 1993 made between the Treasurer, the Minister for Natural Resources, and the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987 (under the name of Secretary to the Department of Natural Resources and Environment) and S.E.A.S. Sapfor Ltd.

_______________

SCHEDULE 5

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.

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 Ryan

LEGL/97-109

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.

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.

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, Bruarong

LEGL/97-119

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.

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

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

_______________

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 name Crown 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 Robbies

12

B

Granton

CP117916-A

Junction

6F

7

Wandiligong

CP117474-A

Magpie

16A

Stanley

CP117909
Plantation name Crown Allotment
Section
Parish
Certified Plan

Merriang, Running Creek, Long Corner Creek

37E1

Bungamero

CP117783

Cropper 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

_______________

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

(List of certified plans lodged at the Central Plan Office under the Survey Co-ordination Act 1958.)

Plantation name Crown Allotment
Section
Parish
Certified Plan

Scarsdale

2A1

B

Argyle

CP117964

Mt Lonarch

10C1

B

Glenpatrick

CP118067

Petticoat

1

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

_______________

SCHEDULE 8

CERTIFIED PLANS OF PLANTATION LAND

(List of certified plans lodged at the Central Plan Office under the Survey Co-ordination Act 1958.)


Plantation 		Crown 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, 23K, 23L

C

Macedon

CP117029-A

Macedon

19A

G

Woodend

CP117029-A

Macedon

10D, 10E

D

Macedon

CP116768

Macedon

40A 41A

F

Woodend

CP116768

Campbells Creek

10F

G3

Castlemaine

CP117642-A

Wylies

4J

Enfield

CP117781

Plantation 		Crown 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, 10Z

A

Raglan

CP118067

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 Gully

5H

S

Creswick

CP117995

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


Plantation 		Crown Allotment
Section
Parish
Certified Plan

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, 34L

Wensleydale

CP117851

Yaugher

59F

Gerangamete

CP117641

Stevensons Falls

74C, 74D, 78D

Barramunga

CP117762

Webster Hill

54D, 54E, 54F

Barramunga

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

Korweinguboora

CP117823

Spargo

12B

A

Korweinguboora

 CP117824

Spargo

16C

A

Korweinguboora

 CP117825

Spargo

19A

A

Korweinguboora

CP117827

Spargo

3

14

Moorarbool West

 CP117829

Bells Reef

46B

2A

Wombat

CP117884

Campaspe Seed Orchard

80

D

Woodend

CP117648

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Lal Lal Seed Orchard

21E

Borhoneyghurk

CP117342

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 South

132E

Mirboo

CP117461

Boolarra South

133G

Mirboo

CP117462

Boolarra South

2B

Gunyah Gunyah

CP117167

Boolarra South

51A7

Mirboo South

CP117168

Turtons

54L

Mirboo South

CP117338

Turtons

52L

Mirboo South

CP117337

Turtons

52J

Mirboo South

CP117339

Turtons

51H1

Mirboo South

CP117075

Plantation 		Crown 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, 19T, 19U, 19V, 19W

B

Toora

CP117367-A

Albert

57R1

Binginwarri

CP117662

Albert

58S

Binginwarri

CP117663

Albert

17E

Wonyip

CP117661

Albert

91F

Binginwarri

CP117478

Albert

92C

Binginwarri

CP117479

Albert

54F1

Binginwarri

CP117480

Plantation 		Crown 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, 64L

Devon

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

Plantation 		Crown Allotment
Section
Parish
Certified Plan

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

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Wonwron

8A

Boodyarn

CP117351

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, 19F

Allambee 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 Traralgon

33J, 33K, 33M, 33N

A

Traralgon

CP117421-A

Latrobe Office

50E

Yarram Yarram

CP117941

Stockyard Creek

11D

9

Dorchap

CP116426 -A

Gardiners

20B

D

Strathbogie

CP116492

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Mt Piper

15B

E

Strathbogie

CP117636

McDonalds

4A

E

Strathbogie

CP117363

Mystic

7

K

Bright

CP117026

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, 14B

C

Moorngag

CP117721

Blue Range

10B, 10C, 10D

C

Dueran

CP117720

Kopps

10B

B

Dueran

CP117355 

Kopps

10D

B

Dueran

 CP117356

Kopps

10E

B

Dueran

  CP117357

McRaes/ Tromps

4G,4H

C

Dueran

CP117553

McRaes/ Tromps

15A, 15B

B

Dueran

CP117553

Holland

4K, 4L

Toombullup

CP117848

Contes

4J

Toombullup

CP117847

Archerton

33B

Toombullup

CP117113

Archerton

32C

Toombullup

 CP117165

Plantation 		Crown 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

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 Robbies

9A, 10, 11, 13

B

Granton

CP117916-A

Junction

6D

7

Wandiligong

CP117474-A

Braithwaites

16

1A

Porepunkah

 CP117475

One Mile Creek

8A

1

Porepunkah

CP118060

Havilah Porepunkah

13B

F

Porepunkah

 CP118061

Havilah Porepunkah

13A

F

Porepunkah

CP118062

Havilah Porepunkah

9E, 9F, 9G

23

Barwidgee

CP118063

Havilah Porepunkah

14A

12

Tawanga

 CP118064

Havilah Porepunkah

22

15

Tawanga

CP118065

Running Creek Bright

14D

15

Tawanga

CP117532

Running Creek Bright

14E

15

Tawanga

 CP117533

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Bright Porepunkah

14D

4

Porepunkah

CP117471

Two Mile Creek & Morses Creek

3A

10A

Porepunkah

CP117967

Two Mile Creek & Morses Creek

1C, 7A

K

Bright

CP117967

Two Mile Creek & Morses Creek

S23E, S23F, S23G, S23H, S30E

Bright

CP117967

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 Bruarong

7A

14A

Stanley

CP117914

Stanley Bruarong

17C

11A

Stanley

CP117913

Stanley Bruarong

13B

11A

Stanley

CP117912

Stanley Bruarong

10A

1B

Bruarong

 CP117906

Bruarong

4E

3

Bruarong

CP117907

Bruarong

2B

2

Bruarong

CP117314

Dingle

9, 10, 11

13A

Stanley

CP117675

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Myrtleford–Circular Creek

16

16

Mudgeegonga

CP117455 

Myrtleford–Granite Creek

14, 15

10

Mudgeegonga

 CP117896

Myrtleford–Basin Creek

7

15

Mudgeegonga

 CP117897

Ovens

12B

4

Myrtleford

CP118001 

Ovens

8A, 8B

O

Myrtleford

 CP118002

Merriang, Running Creek, Long Corner Creek

37E, 37F

Bungamero

CP117783

Hurdle 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–Burrowye

30A, 30B, 30C

Koetong

CP117950

Lawson–Burrowye

37L

Koetong

 CP117952

Lawson–Burrowye

37M

Koetong

CP117953

Lawson–Burrowye

38J

Koetong

 CP117954

Lawson–Burrowye

30D

Koetong

CP117955

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Lawson–Burrowye

9C

A

Koetong

CP117956

Lawson–Burrowye

37N

Koetong

CP118561

Sullivans

20D, 20E, 20G, 20F

Koetong

CP117949

Napoleon Gully

13D

Koetong

CP117621

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 North

CP117846

Whisky

4M,4N

Toombullup

CP117846

Delatite

99L, 99M,101H, 101J, 108M, 108N,108P, 108Q, 108R, 108S

Howqua West

CP117472

Goughs Bay

99J

Howqua West

CP117473

Plantation 		Crown 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

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 Valley

5A

A

Glenaulin

CP116652

Smokey Valley

3E

A

Glenaulin

CP116653

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, 16D

Palpara

CP118007

Rennick

38, 39

Wanwin

CP118114

Rennick

32C, 32D

Wanwin

CP117094

Rennick

9E, 11B

Palpara

CP117020

Plantation 		Crown Allotment
Section
Parish
Certified Plan

Rennick

62C

Mumbannar

CP117392

Lane

1A, 5B, 14C, 12C

A

Weecurra

CP117406

Read

6A

10

Digby

CP117088

Mocamboro

5

16

Mocamboro

CP117018

═══════════════

ENDNOTES

1.     General Information

The long title for the Bill for this Act was "A Bill to confer additional functions and powers on the Victorian Plantations Corporation, a State body established under the State Owned Enterprises Act 1992 to make further provision for the management of plantations, to make consequential amendments to certain Acts and for other purposes.".

Dates of the Minister's second reading speech on the Victorian Plantations Corporation Act 1993 were:

Legislative Assembly: 7 May 1993

Legislative Council: 19 May 1993

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 7 May 1993

Legislative Council: 20 May 1993

Absolute majorities:

Legislative Assembly: 18 May 1993

Legislative Council: 26 May 1993

The Victorian Plantations Corporation Act 1993 was assented to on 8 June 1993 and came into operation as follows:

Sections 1–3 on 8 June 1993: section 2(1); rest of Act on 1 July 1993: Government Gazette 24 June 1993 page 1596.

2.     Table of Amendments

This Version incorporates amendments made to the Victorian Plantations Corporation Act 1993 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Plantations Corporation (Amendment) Act 1994, No. 92/1994[3] (as amended by No. 85/1998 s. 24(Sch. item 65)

Assent Date: 6.12.94
Commencement Date: S. 10 on 1.7.93: s. 2(1); rest of Act on 6.12.94: s. 2(2)
CurrentState: All of Act in operation

Extractive Industries Development Act 1995, No. 67/1995

Assent Date: 17.10.95
Commencement Date: Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState: All of Act in operation

Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998

Assent Date: 19.5.98
Commencement Date: Pt 1 (ss 1–3) on 19.5.98: s. 2(1); ss 5, 11 on 25.6.98; rest of Act on 26.6.98: Government Gazette 25.6.98 p. 1561
CurrentState: All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date: 2.6.98
Commencement Date: S. 311(Sch. 1 items 103.1, 103.2) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date: 10.11.98
Commencement Date: S. 17 on 15.12.98: s. 2(5)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date: 17.11.98
Commencement Date: S. 24(Sch. item 64) on 1.1.99: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Petroleum Act 1998, No. 96/1998

Assent Date: 24.11.98
Commencement Date: S. 257(6) on 1.12.99: s. 2(3)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Statute Law Revision Act 2000, No. 74/2000

Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 140.1) on 10.11.98 : s. 2(2)(z); s. 3(Sch. 1 item 140.2) on 22.11.00: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Road Management Act 2004, No. 12/2004

Assent Date: 11.5.04
Commencement Date: S. 169 on 1.7.04 : s. 2(2)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date: 16.6.04
Commencement Date: S. 138 on 18.5.06: Government Gazette 18.5.06 p. 929
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04
Commencement Date: S. 117(1)(Sch. 3 item 227) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Geothermal Energy Resources Act 2005, No. 7/2005

Assent Date: 27.4.05
Commencement Date: S. 174 on 4.4.06: Special Gazette (No. 104) 4.4.06 p. 1
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date: 29.8.06
Commencement Date: S. 61(Sch. item 33) on 30.8.06: s. 2(1)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Greenhouse Gas Geological Sequestration Act 2008, No. 61/2008

Assent Date: 5.11.08
Commencement Date: S. 322 on 1.12.09: Special Gazette (No. 439) 1.12.09 p. 1
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date: 3.3.09
Commencement Date: S. 58 on 1.1.10: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date: 24.11.09
Commencement Date: S. 54(Sch. Pt 1 item 61) on 1.1.10: s. 2(2)
CurrentState: This information relates only to the provision/s amending the Victorian Plantations Corporation Act 1993

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3.     Explanatory Details


[1] S. 3 (def. of Corporation): The Order in Council establishing the Victorian Plantations Corporation and referred to in the definition of Corporation in section 3 of the Act provided as follows:

State Owned Enterprises Act 1992
ORDER IN COUNCIL

The Governor in Council makes the following Order:

Dated 4 May 1993

Responsible Minister:
    ALAN STOCKDALE
    Treasurer

DAMIEN O'SHEA
Clerk of the Executive Council

STATE OWNED ENTERPRISES (STATE BODY—VICTORIAN PLANTATIONS CORPORATION) ORDER 1993

1Title

This Order may be cited as the State Owned Enterprises (State body—Victorian Plantations Corporation) Order 1993.

2Commencement

This Order comes into operation on the day on which it is made.

3Power

This Order is made under section 14 of the State Owned Enterprises Act 1992.

4Definitions

In this Order—

Corporation means the Victorian Plantations Corporation established by this Order;

forest produce means—

(a)vegetation of any kind, whether living or dead;

(b)any produce or substance derived from vegetation;

(c)stone within the meaning of the Extractive Industries Act 1966;

(d)honey or bees wax—

but does not include a mineral within the meaning of the Mineral Resources Development Act 1990.

5Victorian Plantations Corporation

(1)There is established, for the purposes of the State Owned Enterprises Act 1992, a body by the name of Victorian Plantations Corporation.

(2)The particular purpose of establishing the Corporation is to create a statutory body to manage certain timber plantations on a commercial basis.

(3)The functions of the Corporation are—

(a)to establish, maintain and manage timber plantations on land vested in or managed by the Corporation; and

(b)to enter into, administer or manage agreements or licences relating to forest produce on land vested in or managed by the Corporation.

(4)For the purpose of performing its functions, the Corporation—

(a)may acquire or dispose of real or personal property; and

(b)may take or convert forest produce; and

(c)may employ staff; and

(d)may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the performance of its functions.

6Board of directors

(1)There shall be a board of directors of the Corporation.

(2)The board shall consist of—

(a)Gerald Griffin, who shall be Chairman of the board;

(b)George B. Little;

(c)Kevin S. White;

(d)William J. Robertson.

(3)Each director is appointed for a term of 1 year, or until the Corporation is declared under section 17 of the State Owned Enterprises Act 1992 to be a State business corporation, whichever first occurs, and is eligible for re-appointment.

(4)The terms and conditions of appointment of the directors are as follows:

(a)subject to subclause (5), the Chairman is entitled to be paid remuneration at the rate of $27 000 per annum;

(b)subject to subclause (5), each of the other directors is entitled to be paid remuneration at the rate of $20 000 per annum;

(c)the Governor in Council may at any time remove a director from office.

(5)A director who is a member of the public service is not entitled to be paid remuneration under this Order.

7Proceedings of the board of directors

The board of directors may regulate its own procedure.

[2] S. 6: The amendment proposed by section 17(2) of the Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 is not included in this publication as the words "Department of Conservation and Natural Resources" no longer appear in section 6.

[3] Table of Amendments: Sections 12–14 of the Victorian Plantations Corporation (Amendment) Act 1994, No. 92/1994 (as amended by No. 85/1998 s. 24(Sch. item 65)) read as follows:

12Registrar of Titles to make necessary amendments to records

*                *                *                *                *

(2)The Registrar of Titles, on being requested to do so, and on delivery of any relevant Certificate of Title or instrument, must make any amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Act.

13No compensation payable by Crown

No compensation is payable by the Crown in respect of anything done under or arising out of this Act.

14Supreme Court—limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of this Act.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0