S. 3(1) def. of successor in title inserted by No. 35/1998 s. 13(2). successor in title in relation to vested land means— (a) if the land owner is the Victorian Plantations Corporation, any licensee of the vested land within the meaning of Part 3A of the Victorian Plantations Corporation Act 1993; and (b) if the land owner is a licensee of the vested land under a licence granted under that Part, any assignee of an interest in the licence or any person to whom an interest in the licence comes by operation of law; S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 82/2009 s. 37. Traditional Owner Land Management Board means a Board established under Part 8A; S. 3(1) def. of vested land inserted by No. 35/1998 s. 13(2). vested land has the same meaning as it has in the Victorian Plantations Corporation Act 1993; S. 3(1) def. of VicForests inserted by No. 97/2003 s. 6(1). VicForests means the State body known as "VicForests" established under section 14 of the State Owned Enterprises Act 1992 by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003; S. 3(1) def. of Victorian Fisheries Authority inserted by No. 68/2016 s. 160(1). Victorian Fisheries Authority means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016;
S. 7(4) amended by Nos 76/1998 s. 3(1)(e)(i)(ii), 40/2009 s. 51, 24/2014 s. 79, 51/2016 s. 5. (4) This section does not apply to a power, function or duty of the person for the time being constituting the body called "the Secretary to the Department of Environment, Land, Water and Planning", being a power function or duty which the person has in the capacity of Department Head. S. 8 amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 3(1)(f), 108/2004 s. 117(1) (Sch. 3 item 39.2). 8 Department Head to have same powers as before incorporation The powers and functions of the person who for the time being constitutes the body corporate established by this Division are in addition to, and do not affect the person's powers and functions as Department Head whether those powers and functions are conferred by or are derived from the Public Administration Act 2004 or by any other Act, law or practice. S. 9 repealed by No. 76/1998 s. 3(1)(g). * * * * * 10 Functions of Secretary S. 10(1) amended by No. 76/1998 s. 3(1)(h). (1) The Secretary has the functions conferred by a relevant law or by or under any other Act. S. 10(2) amended by No. 76/1998 s. 3(1)(h). (2) Subject to this Act, the Secretary has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions. 11 Delegation of powers and functions S. 11(1) amended by No. 86/1993 s. 39. (1) The Minister may by instrument delegate any of the Minister's powers, functions or duties (except the powers, functions and duties under Parts 2, 5 and 8 and under section 19 and this power of
and procedures for the carrying out of any of the objects or purposes of a relevant law. (2) A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (a) wholly or partially or as amended by the Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then. S. 32 substituted by No. 48/2004 s. 128. 32 Variation and revocation of Code of Practice The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time. S. 33 substituted by No. 48/2004 s. 128. 33 Advertisement of draft Code of Practice, variation or revocation (1) The Minister must give notice of— (a) any draft Code of Practice which the Minister proposes to make; (b) any variation of a Code of Practice which the Minister proposes to make; (c) any revocation of a Code of Practice which the Minister proposes to make. (2) A notice under subsection (1) must be published— (a) in the Government Gazette; and
S. 56(1) def. of partner inserted by No. 72/2001 s. 3(Sch. item 3.1). partner of a deceased conservation worker means the worker's spouse or domestic partner at the time of the worker's death; S. 56(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 3.1), amended by No. 67/2013 s. 649(Sch. 9 item 4(2)(a)). spouse of a person means a person to whom the person is married. S. 56(1) def. of Tribunal repealed by No. 67/2013 s. 649(Sch. 9 item 4(2)(b)). * * * * * S. 56(2) inserted by No. 72/2001 s. 3(Sch. item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 8.2). (2) For the purposes of the definition of domestic partner in subsection (1)— S. 56(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 6.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and S. 56(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 6.2(b)). (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 70(1)(g) amended by No. 76/1998 s. 3(1)(t). (g) requiring the land owner to repay any amount paid to the land owner by the Secretary on terms and conditions (including terms and conditions as to interest) specified in the agreement; S. 70(1)(h) amended by No. 76/1998 s. 3(1)(t). (h) requiring the land owner to pay to the Secretary an amount specified in the agreement if on the land owner's part there is a breach of a kind specified in the agreement; (i) requiring that the land owner allow public access to and across the land of the land owner; S. 70(1)(j) amended by No. 76/1998 s. 3(1)(t). (j) requiring the land owner to obtain insurance to indemnify the Secretary against specified activities in relation to the land of the land owner, to insure against liabilities and actions in tort in relation to the land of the land owner and to obtain other forms of insurance or assurance that are specified in the agreement; S. 70(1)(k) amended by No. 76/1998 s. 3(1)(t). (k) requiring that the Secretary provide the land owner with advice, financial or other assistance including compensation for loss of income arising out of the performance of the agreement; (l) requiring that the whole or part of the land of the land owner be a flora or fauna sanctuary; S. 70(1)(m) amended by No. 76/1998 s. 3(1)(t). (m) requiring the Secretary to pay to the land owner an amount representing the whole or a part of any rates paid or payable in respect of the land;
that amount is until recovered a charge on the land of the land owner. S. 79(2) amended by No. 76/1998 s. 3(1)(t), substituted by No. 85/1998 s. 24(Sch. item 12.8) (as amended by No. 76/1998 s. 15). (2) Land is so charged when the Secretary deposits with the Registrar of Titles a certificate under seal describing the land to be charged and stating the amount of the charge. S. 79(3) repealed by No. 85/1998 s. 24(Sch. item 12.9). * * * * * S. 79(4) amended by No. 18/1989 s. 13(Sch. 2 item 18(e)). (4) The Registrar of Titles must make in the Register a recording of the certificate lodged under this section. S. 79(5) amended by No. 76/1998 s. 3(1)(t). (5) The Secretary must notify the land owner in writing that— (a) its certificate has been deposited under this section; and (b) the land is charged with the amount stated in the notice. S. 79(6) amended by Nos 18/1989 s. 13(Sch. 2 item 18(f)), 76/1998 s. 3(1)(t), substituted by No. 85/1998 s. 24(Sch. item 12.10) (as amended by No. 76/1998 s. 15). (6) When an amount due is paid or recovered the Registrar of Titles must, if so required by the Secretary, delete the recording of the charge from the Register or make a recording in the Register of the payment or recovery of the charge.
S. 82(3) repealed by No. 101/1994 s. 65. * * * * * (4) The Minister must publish in the Government Gazette regulations made under this section and any regulations amending or regulating those regulations. S. 82(5) amended by No. 51/2016 s. 6. (5) A person (other than the land owner) who contravenes the regulations under this section is guilty of an offence. Penalty: 20 penalty units. Pt 8A (Headings and ss inserted by No. 82/2009 s. 38. Division 1—Definitions S. 82A inserted by No. 82/2009 s. 38. 82A Definitions In this Part— S. 82A def. of aboriginal title inserted by No. 62/2010 s. 96(e). aboriginal title has the same meaning as in the Traditional Owner Settlement Act 2010; appointed land, in relation to a Traditional Owner Land Management Board, means the public land in relation to which the Board is appointed under this Part;
S. 82A def. of traditional owner group substituted by No. 62/2010 s. 96(c). traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010; S. 82A def. of traditional owner group entity substituted by No. 62/2010 s. 96(d). traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010; S. 82A def. of traditional owner land management agreement inserted by No. 62/2010 s. 96(e), amended by No. 29/2011 s. 3(Sch. 1 item 16.1). traditional owner land management agreement means an agreement under section 82P. Division 2—Constitution of Traditional Owner Land Management Boards S. 82AB inserted by No. 62/2010 s. 97. 82AB Role of Minister and Secretary where recognition and settlement agreement exists (1) If public land is land in respect of which there is in force a recognition and settlement agreement, the Minister in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land management agreement entered into in accordance with the recognition and settlement agreement. (2) If public land is land in respect of which there is in force a recognition and settlement agreement, the Secretary in carrying out any function, duty or power under this Part must take all reasonable steps to give effect to any traditional owner land
(b) the Minister has the agreement of the traditional owner group entity to the abolition of the Board. (2) Before making a decision under subsection (1), the Minister must— (a) advise the Board that there is a proposal to abolish the Board and the reasons for that proposal; and (b) allow the Board or its representative a reasonable opportunity to make written or oral submissions to the Minister. (3) In making a decision under subsection (1) the Minister must have regard to any submissions made by the Board under section (2)(b). Division 3—Functions, powers and duties of Traditional Owner Land Management Boards S. 82H inserted by No. 82/2009 s. 38. 82H Functions of Traditional Management Boards A Traditional Owner Land Management Board has the following management functions in respect of the appointed land— (a) those management functions that are conferred on the Board by agreement under the Act under which the appointed land for the Board is managed; S. 82H(b) amended by No. 62/2010 s. 103(a). (b) those management functions that are delegated to the Board by a person or body who has those management functions in relation to the appointed land of the Board; S. 82H(c) inserted by No. 62/2010 s. 103(b). (c) those functions that are conferred on the Board under Division 5A.
S. 82N inserted by No. 82/2009 s. 38. 82N Cessation of office of members A member of the Board ceases to hold the office of member if the member— (a) resigns in writing addressed to the Minister; or (b) dies; or (c) is dismissed by the Minister in accordance with section 82M(2); or (d) is absent from three consecutive meetings without approval of the Board to be so absent; or (e) becomes an insolvent under administration; or (f) is convicted of an indictable offence. S. 82O inserted by No. 82/2009 s. 38. 82O Procedures In the determination establishing a Traditional Owner Land Management Board the Minister must specify the following matters in relation to the procedures of the Board— (a) voting rights of the chairperson, deputy chairperson and members of the Board; and (b) any other matters as to the procedure and conduct of meetings and proceedings of the Board that the Minister considers necessary. Division 5—Agreements as to Traditional Owner Land Management Boards S. 82P inserted by No. 82/2009 s. 38. 82P Agreements as to the establishment etc. of Management Boards S. 82P(1) amended by No. 62/2010 s. 105(a). (1) The Minister may enter into an agreement with a traditional owner group entity for any public land including any traditional owner group entity to
(6) In this section— qualified person means a person who has been approved by the Secretary, in writing, as a person qualified to conduct an analysis, examination or investigation to which this section relates. S. 89 amended by No. 76/1998 s. 3(1)(x). 89 Injunctions The Secretary may apply to a court of competent jurisdiction for an injunction restraining any person from contravening a relevant law or any condition of a works approval, authority or notice. S. 90 (Heading) inserted by No. 44/2001 s. 3(Sch. item 22.1). 90 Offences by bodies corporate and partnerships etc. S. 90(1) amended by No. 44/2001 s. 3(Sch. item 22.2). (1) If a body corporate contravenes any provision of, or an authority or notice under, a relevant law the body corporate is liable to the penalty for that offence. S. 90(2) amended by No. 44/2001 s. 3(Sch. item 22.2). (2) If the contravention was committed with the consent or connivance or because of the wilful neglect of an officer or a person purporting to be an officer of the body corporate, that officer or person is also guilty of that offence and liable to the penalty for that offence. S. 90(3) amended by No. 44/2001 s. 3(Sch. item 22.2). (3) When in proceedings under a relevant law it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. S. 90(4) amended by No. 44/2001 s. 3(Sch. item 22.2). (4) In respect of any proceedings for an offence by a body corporate against a relevant law any statement made by an officer of the body corporate is admissible as evidence against the body corporate.
S. 95A(2)(d) inserted by No. 48/2004 s. 130(1)(b). (d) an activity in a State forest associated with the taking of timber resources. S. 95A(3) inserted by No. 61/1993 s. 36(h), substituted by No. 48/2004 s. 130(2). (3) In this section— Crown land includes freehold land, managed land and vested land within the meaning of the Victorian Plantations Corporation Act 1993; forest produce has the same meaning as it has in the Forests Act 1958; State forest has the same meaning as it has in the Forests Act 1958; timber resources has the same meaning as it has in the Sustainable Forests (Timber) Act 2004. 96 Proceedings for offences S. 96(1) amended by Nos 61/1993 s. 36(i), 87/1994 s. 32, 76/1998 s. 3(1)(z), 37/2014 s. 10(Sch. item 26.4). (1) An authorised officer or police officer or a person authorised generally or in a particular case by the Secretary or, if the matter concerns freehold land, managed land or vested land within the meaning of the Victorian Plantations Corporation Act 1993, by the Victorian Plantations Corporation may take— (a) proceedings for an offence against a relevant law; S. 96(1)(aa) inserted by No. 69/2004 s. 57(2). (aa) proceedings for an associated offence within the meaning of the Fisheries Act 1995; (b) other proceedings provided for in this Act; (c) proceedings on behalf of the Department or the Secretary.
S. 96(1A) inserted by No. 90/1989 s. 5(a). (1A) If proceedings mentioned in subsection (1) are brought by a person authorised by that subsection to take those proceedings, the proceedings may be conducted before the court by any other person authorised by that subsection to take proceedings of that kind. S. 96(2) amended by Nos 90/1989 s. 5(b), 76/1998 s. 3(1)(z). (2) All courts must take judicial notice of the fact that the Secretary, an authorised officer or person has valid authority to take proceedings mentioned in subsection (1) or conduct proceedings under subsection (1A) as the case requires. S. 96(3) amended by Nos 38/1995 s. 12(c), 106/1995 s. 51(b). (3) This section does not limit the operation of section 46 of the National Parks Act 1975, section 50 of the Royal Botanic Gardens Act 1991 or section 40 of the and Gardens Act 1995. 97 Compensation S. 97(1) amended by Nos 96/1994 s. 51(a), 76/1998 s. 3(1)(z). (1) Without limiting section 86 of the Sentencing Act 1991, that section applies to an offence under a relevant law as if— (a) the reference in subsection (1) to property included a reference to— (i) Crown land; and (ii) any natural feature on Crown land; and (iii) any road, structure, improvement, facility or thing on Crown land— and also included a reference to property of the Secretary; and S. 97(1)(b) amended by Nos 57/1989 s. 3(Sch. item 27.4(a)(b)), 76/1998 s. 3(1)(z), 65/2011 s. 107(Sch. item 1). (b) subsection (1) also provided that, on the application of the Secretary and on being satisfied that the Secretary has incurred charges, costs or expenses because of the commission of the offence a court may order the person so convicted or released or made the subject of a community correction order to pay such compensation (not exceeding the
5. The frequency of meetings of a committee, the procedures for the calling of meetings, and the conduct of business at those meetings may, subject to any directions by the Minister, be as determined by the committee. 6. The Convenor of a committee must cause minutes of the proceedings and decisions at each meeting of the committee to be kept and must furnish the Minister and the Secretary with a copy of those minutes as soon as practicable after each meeting. 7. A member of a committee is entitled to receive remuneration and travelling and other allowances determined by the Minister. 8. (1) The Minister may appoint some person to act as the alternate of a member in the case of the illness or other absence from a meeting by a member and the alternate member is to exercise the powers and perform the duties of that member during the member's absence. (2) In this Schedule, a reference to a member of the committee includes a reference to the member's alternate member. 9. A committee or the Minister may establish (whether or not consisting of members of the committee) for the purposes of advising it upon such matters within the scope of its functions as may be referred to the sub-committees by the committee or the Minister. 10. A member of a committee holds office for the term not exceeding 5 years, specified in the member's instrument of employment, and ceases to hold office— (a) if the member is removed from office; or (b) when the member's term of office expires; or (c) if the member resigns by delivering to the Minister a written resignation signed by the member.