farm animal means an animal farmed commercially for its meat, its skin or anything else produced by it; function includes duty and power; S. 3(1) def. of land amended by No. 63/2006 s. 61(Sch. item 5.1). land includes soil, water, vegetation and fauna on land but excludes a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 and petroleum; land degradation means— (a) a decline in the quality or productive capacity of land; or (b) the infestation of land by noxious weeds or pest animals; land management notice, except in Division 1 of Part 5, means a land management notice under Division 1 or an interim land management notice under Division 2 of that Part; S. 3(1) def. of land owner amended by Nos 35/1998 s. 12(1), 85/1998 s. 24(Sch. item 8), 12/2004 s. 151(1), 51/2013 s. 4(1). land owner means— (a) the registered proprietor of an estate in fee simple in land under the Transfer of Land Act 1958; or (b) the owner in fee simple of land alienated by the Crown and— (i) in an identified folio under the Transfer of Land Act 1958; or (ii) not under the Transfer of Land Act 1958— and not mortgaged; or
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 13.1). police officer has the same meaning as in the Victoria Police Act 2013; primary production means agriculture, apiculture, aquaculture, forestry or horticulture; S. 3(1) def. of priority area inserted by No. 67/2006 s. 3. priority area means an area declared to be a priority area under section 47A; S. 3(1) def. of priority area notice inserted by No. 67/2006 s. 3. priority area notice means a notice under section 47A; prohibited pest animal means a prohibited pest animal under Part 8; public authority has the same meaning as in the Conservation, Forests and Lands Act 1987; region means a catchment and land protection region under Part 2; regional catchment strategy means a regional catchment strategy under Division 1 of Part 4; regionally controlled weed means a regionally controlled weed under Part 8; regionally prohibited weed means a regionally prohibited weed under Part 8; regulated pest animal means a regulated pest animal under Part 8; S. 3(1) def. of relative inserted by No. 85/2006 s. 149. relative has the same meaning as in the Water Act 1989;
(2) The deputy chairperson, if present, must preside at meetings of the board at which the chairperson is not present. S. 18B inserted by No. 85/2006 s. 151. 18B Acting appointments (1) The deputy chairperson must act as chairperson if— (a) the office of chairperson is vacant; or (b) the chairperson is unable, for any reason, to perform the duties of office, and it is not possible for the members to participate in a meeting in accordance with section 18N(7). (2) While the deputy chairperson is acting as chairperson, the deputy chairperson has and may exercise all the powers, and must perform all the duties, of the chairperson. (3) The Minister may appoint a person who has the experience and knowledge as required under section 15 to be a member of the board of an Authority during any period, or during all periods, when— (a) the deputy chairperson is acting as chairperson; or (b) a member of the board is unable for any reason to attend meetings of the board. S. 18C inserted by No. 85/2006 s. 151. 18C When a member ceases to hold office (1) The office of member of the board of an Authority becomes vacant if the member— (a) resigns in accordance with subsection (2); or S. 18C(1)(b) amended by No. 4/2008 s. 32(Sch. item 3). (b) becomes an insolvent under administration; or
(7) An Authority must— (a) retain the returns of a member or a nominated officer for 3 years after the person has ceased to be a member or a nominated officer; and (b) at the end of that period, destroy the returns. (8) As soon as practicable after a person ceases to be a member or a nominated officer, the Authority must delete the entries relating to that person from the register. S. 18N inserted by No. 85/2006 s. 151. 18N Proceedings of the board of an Authority (1) Subject to this Act, the board of an Authority may regulate its own procedure. (2) The chairperson or, in his or her absence, the deputy chairperson or, in the absence of both the chairperson and deputy chairperson, a member of the board of an Authority elected by the members present at the meeting, must preside at a meeting of the board. (3) The quorum for a meeting of the board of an Authority is a majority of the members for the time being. (4) A question arising at a meeting of the board of an Authority is determined by a majority of the votes of the members present and voting on the question. (5) The person presiding at a meeting has a deliberative vote and, in the event of an equality of votes on any question, a second or casting vote. (6) The board of an Authority must ensure that minutes are kept of each meeting of the board.
(i) it is a serious threat to primary production, Crown land, the environment or community health in a place outside ; or (ii) its potential to threaten primary production, Crown land, the environment or community health in is unknown; and (c) its importation, keeping and sale should be banned. 65 What are controlled pest animals? The Minister may recommend an animal for declaration as a controlled pest animal if satisfied that— (a) it did not occur naturally in the wild in before European settlement; and (b) it has a high potential to become a serious threat to primary production, Crown land, the environment or community health in ; and (c) it should only be kept in high security collections approved by the Minister. 66 What are regulated pest animals? The Minister may recommend an animal for declaration as a regulated pest animal if satisfied that— (a) it did not occur naturally in the wild in before European settlement; and (b) it is, or has the potential to become, a serious threat to primary production, Crown land, the environment or community health in Victoria; and
Pt 8 Div. 3 (Heading) amended by No. 61/2003 s. 23. Division 3—Importing, keeping, trading in and releasing of pest animals 75 Offence to import, keep or sell pest animals S. 75(1) amended by No. 61/2003 s. 24(1). (1) A person must not bring into , keep or sell a prohibited pest animal. 480 penalty units. S. 75(2) amended by No. 61/2003 s. 24(2). (2) A person must not bring into , keep or sell a controlled pest animal. 240 penalty units. S. 75(3) amended by No. 61/2003 s. 24(3). (3) A person must not bring into , keep or sell a regulated pest animal. 120 penalty units. S. 75(4) amended by No. 61/2003 s. 24(4). (4) A person must not bring into , keep or sell an established pest animal. 60 penalty units. (5) Subsections (1) to (4) do not apply to— (a) the keeping of a pest animal in accordance with section 76; or (b) the bringing into Victoria, keeping or sale of a pest animal in accordance with a permit under this Division, other than in circumstances to which paragraph (f) applies; or (c) the bringing into or keeping of a controlled pest animal or regulated pest animal— (i) by or on behalf of the Zoological Board of Victoria; and
(b) in any other case, 48 hours. (2) Subsection (1) does not apply— (a) if the occupier of the land, after being given notice under subsection (1), responds to the notice by stating that entry to the land is refused; or (b) to a dwelling. (3) An authorised officer who enters land under this section may do all or any of the following— (a) search and examine land or goods or vehicles on the land; (b) ask questions in connection with the authorised officer's functions under this Act; S. 81(3)(ba) inserted by No. 35/2009 s. 12(4), amended by No. 48/2010 s. 10. (ba) take photographs (including video recordings) of a thing or things of a particular kind; S. 81(3)(c) substituted by No. 67/2006 s. 16(2). (c) without payment, take, or require the occupier of the land to give, samples of any of the following— (i) plants or parts of plants; (ii) an animal or part of an animal; (iii) soil, sand, gravel or stone; (iv) fodder or grain. (4) Notice given under subsection (1) must be in writing and must inform the occupier— (a) of the purpose of the search; and
S. 83A inserted by No. 61/2003 s. 29, substituted by No. 67/2006 s. 19, amended by No. 48/2010 s. 12(2) (ILA s. 39B(1)). 83A Further seizure powers (1) A search warrant under section 83 authorises an authorised officer executing the search warrant— (a) to seize or take a sample of any thing of the kind described in the warrant; and (b) to seize or take a sample of any thing which is not of the kind described in the warrant if— (i) the authorised officer believes, on reasonable grounds, that the thing— (A) is of a kind which could have been included in a search warrant issued under this Part; or S. 83A(1) (b)(i)(B) amended by No. 48/2010 s. 12(1). (B) will afford evidence about the commission of an offence against this Act or the regulations or a related Act or the regulations made under that Act for the purposes of which the officer is appointed; and S. 83A(1)(b)(ii) amended by No. 48/2010 s. 12(1). (ii) in the case of seizure, the authorised officer believes, on reasonable grounds, that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against this Act or the regulations or a related Act or the regulations made under that Act for the purposes of which the officer is appointed. S. 83A(2) inserted by No. 48/2010 s. 12(2). (2) In this section related Act means the Fisheries Act 1995, the Flora and Fauna Guarantee Act 1988 or the Wildlife Act 1975.
to pay rates and charges under Part 8 of the Local Government Act 1989; and (b) take extracts or copies from the records for the purpose of exercising a power under this Act. (3) An authorised officer must not be charged a fee for any thing required to be done, or done, by the authorised officer under this section. 84 Offences relating to enforcement S. 84(1) amended by No. 61/2003 s. 30(2). (1) A person must not— S. 84(1)(a) substituted by No. 35/2009 s. 15. (a) obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate an authorised officer in exercising his or her powers under this Act or the regulations; or (b) contravene a lawful direction, order or requirement of an authorised officer; or (c) refuse to answer a question lawfully asked by an authorised officer or to produce a document lawfully required by an authorised officer; or (d) interfere with anything done by an authorised officer in the exercise of his or her powers under this Act or the regulations; or S. 84(1)(e) amended by Nos 61/2003 s. 30(1)(a), 67/2006 s. 21. (e) include in an application or request to the Secretary under this Act or the regulations, or in a notice under section 46(1), 47E or 70D, a statement that he or she knows to be false or misleading in a material respect; or
Sch. 2 cl. 3(1) amended by No. 39/1998 s. 6(2)(Sch. 1 item 16(e)). (1) After complying with clause 2, an Authority must submit its management plan to the Minister for approval. Sch. 2 cl. 3(2) amended by No. 39/1998 s. 6(2)(Sch. 1 item 16(f)). (2) The Minister may approve or refuse to approve the management plan or return it to the Authority with any recommendations for change that the Minister thinks appropriate. (3) Before approving the management plan the Minister must consult with any other Minister whose interests the Minister considers are likely to be affected by the management plan. 4 Operation of plan (1) The Minister must publish notice of approval of a management plan in the Government Gazette. (2) The management plan comes into operation on the date that notice is published in the Government Gazette or on any later day stated in the plan. 5 Plan to be available for inspection (1) The Secretary must without delay give notice of the approval of a management plan to each Minister or public authority whose interests the Secretary considers are likely to be affected by the plan. (2) The Secretary must make a management plan available for inspection by the public during normal office hours at places designated by the Secretary by notice published in the Government Gazette. (3) On payment of a fee determined in accordance with the Conservation, Forests and Lands
Tributaries () Pykes Creek Reservoir and 24/10/89 25/10/89 237 Nine Mile Creek (Longwood) 23/1/90 24/1/90 4 Barambogie Creek (Chiltern) 23/1/90 24/1/90 11 Candowie Reservoir North 24/4/90 2/5/90 2 (Meeniyan) 24/4/90 2/5/90 1077 Merrimans Creek (Seaspray) 24/4/90 2/5/90 544 (Noojee) 31/7/90 1/8/90 112 Redbank Creek (Redbank) 25/9/90 26/9/90 3 Forest Creek (Ampitheatre) 25/9/90 26/9/90 3 Learmonth Borefield 25/6/91 3/7/91 59 St Enochs Spring (Skipton) 25/6/91 3/7/91 79 Sch. 6 inserted by No. 39/1998 s. 11(Sch. 2), repealed by No. 85/2006 s. 159. * * * * * Sch. 7 inserted by No. 39/1998 s. 11(Sch. 2). 7 Section 102 Column 1 Body Column 2 Regional Catchment and Land Protection Board Wimmera Catchment and Land Protection Board Wimmera Regional Catchment and Land Protection Board Glenelg Catchment and Land Glenelg Regional Catchment and
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 13) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Justice Legislation Further Amendment Act 2016 No. 3/2016 Assent Date: 16.2.16 Commencement Date: S. 96 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Victorian Fisheries Authority Act 2016, No. 68/2016 Assent Date: 15.11.16 Commencement Date: S. 159 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details No entries at date of publication.