44 Lead agency to prepare annual report for Council 32 Division 9—Other 32 45 Specific legislation and a Yarra Strategic Plan 32 Part 5—The Birrarung Council 36 46 Establishment of the Council 36 47 Independence of the Council 36 48 Functions and powers of the Council 36 49 Constitution and membership of the Council 37 50 Chairperson 38 51 Terms of appointment of members 38 52 Resignation and removal of members 39 53 Vacancies in membership 39 54 Presiding at Council meetings 39 55 Proceedings of the Council 40 56 Validity of decisions of the Council 40 57 Report of the Council 40 58 Review of the Council 41 Part 6—Greater Yarra Urban Parklands 42 59 Governor in Council may declare land as a state significant urban natural entity 42 Part 7—General 44 60 Regulations 44 Part 8—Amendment of Planning and Environment Act 1987 45 61 Definitions 45 62 New section 4AA inserted 46 63 New Part 3AAA inserted 47 Part 9—Amendment of Commissioner for Environmental Sustainability Act 2003 51 64 Purpose and outline of Act 51 65 Definitions 51 66 Functions of the Commissioner 51 67 New sections 17A and 17B inserted 52 68 Public availability 53 Part 10—Amendment of other Acts 54 Division 1—Amendment of Catchment and Land Protection Act 1994 54
Greater Yarra Urban Parklands means land to which an order under section 59(1) or (3) applies, but does not include land to which an order under section 59(4) applies; land use framework plan—see section 20(1)(b); lead agency means a relevant plan entity to which a direction under section 4 applies; long-term community vision document means the document referred to in section 17; municipal council means a Council within the meaning of the Local Government Act 1989; Planning Minister means the Minister administering the Planning and Environment Act 1987; public entity has the same meaning as in the Public Administration Act 2004; relevant plan entity means— (a) the Department Head; or (b) the Melbourne Water Corporation established under section 85 of the Water Act 1989; or (c) Parks Victoria established under Part 2 of the Parks Victoria Act 1998; or (d) the Victorian Planning Authority established under Part 2 of the Victorian Planning Authority Act 2017; or (e) the Port Phillip and Westernport Catchment Management Authority
(a) obstructs a member of a panel while the member is performing functions or exercising powers as a member; or (b) obstructs any person attending a hearing before a panel; or (c) repeatedly interrupts a hearing before a panel; or (d) without lawful excuse disobeys a direction of a panel. (2) A person who commits an offence against subsection (1) is liable to a level 10 fine (10 penalty units maximum). 34 Immunity (1) A member of a panel is not personally liable for anything done or omitted to be done in good faith— (a) in the exercise of a power or the performance of a duty under this Act or the regulations; or (b) in the reasonable belief that the action or omission was in the exercise of the power or the performance of the duty under this Act or the regulations. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of a panel, attaches instead to the State. Division 5—Revision and approval of Yarra Strategic Plan 35 Lead agency to prepare revised draft Yarra Strategic Plan
(1) The office of member of the Council becomes vacant if the member— (a) resigns from office; or (b) is removed from office under section 52(2). (2) In accordance with this Act, the Minister may fill a vacant office. 54 Presiding at Council meetings (1) The person who is to preside at a meeting of the Council is— (a) the chairperson, if the chairperson is present; or (b) a member elected to preside by the members of the Council present at the meeting, if the chairperson is absent. (2) The person who is presiding at a meeting has a deliberative vote and, if voting is equal on any question, a casting vote. 55 Proceedings of the Council (1) A majority of the members in office for the time being constitutes a quorum of the Council. (2) The Council is subject to any written direction given to it by the Minister. (3) Subject to any direction of the Minister, the Council may regulate its own proceedings. 56 Validity of decisions of the Council (1) An act or a decision of the Council is not invalid merely because of—