87 49 Definitions 87 50 Application of Part 87 51 Offence to carry out unauthorised extractive activity 88 52 How to obtain an authority 88 53 Contents of authority 89 54 Use of security where conditions breached 90 55 Expiry of old authority where application pending 91 56 Secretary may suspend or revoke authority 91 57 Relationship between this Part and Part 3 92 93 Division 1—Classification of pests 93 58 Classification of pests—general 93 58A Emergency declaration of State prohibited weed 93 58B Emergency declaration of prohibited pest animal 95 59 What cannot be declared under this Part? 96 60 What are State prohibited weeds? 97 61 What are regionally prohibited weeds? 97 62 What are regionally controlled weeds? 98 63 What are restricted weeds? 98 64 What are prohibited pest animals? 98 65 What are controlled pest animals? 99 66 What are regulated pest animals? 99 67 What are established pest animals? 100 68 Revocation of declaration 100 69 Action before recommendation 101 69A Amendment to Order under section 58 102 Division 2—General control of noxious weeds and pest animals 103 70 Controlling noxious weeds 103 70A Removing particular vehicles or other things on to or from a road 104 70B Directions notice 105 70C Offence to fail to comply with directions notice 106 70D Land owner to notify Secretary of measures taken under directions notice 106 71 Spread of noxious weeds 107 72 Destruction etc. of noxious weeds 110 74 Offence to take pest animals in areas affected by chemicals 111 Division 3—Importing, keeping, trading in and releasing of pest animals 112 75 Offence to import, keep or sell pest animals 112 75A Offence to release pest animals 114
S. 3(1) def. of directions notice inserted by No. 67/2006 s. 3. directions notice means a notice under section 70B; S. 3(1) def. of domestic partner inserted by No. 85/2006 s. 149, substituted by No. 12/2008 s. 73(1)(Sch. 1 item 5.1). domestic partner of a person in sections 18H and 18L means— s. 3 (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 3(1) def. of emergency inserted by No. 51/2013 s. 4(2). emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986; established pest animal means an established pest animal under Part 8;
(i) in an identified folio under the Transfer of Land Act 1958; or (ii) not under the Transfer of Land Act 1958; or * * * * * (e) the occupier, under a lease, licence or other right, of Crown land; or (f) the Roads Corporation, if land is a freeway or an arterial road within the meaning of the Road Management Act 2004; or (g) the Director within the meaning of the National Parks Act 1975, for Crown land in a national park or park within the meaning of that Act; or s. 3 (ga) the municipal council, if the land is a municipal road in the municipal district of that municipal council; or (h) for Crown land that is not referred to in paragraphs (e) to (ga) and that is managed by a Minister or public authority, that Minister or public authority; land protection means measures intended to maintain or enhance the quality or productive capacity of land or protect it from infestation by pest animals or noxious weeds; land use condition means a condition imposed under Division 3 of Part 4; S. 3(1) def. of municipal council inserted by No. 51/2013 s. 4(2). municipal council has the same meaning as Council in section 3(1) of the Local Government Act 1989;
S. 10(3) amended by No. 39/1998 s. 6(2)(Sch. 1 item 1). (3) On the abolition of a region any Authority established for that region under this Division is abolished and its members go out of office and the Minister is its successor in law. New Pt 2 Div. 3 (Heading) inserted by No. 85/2006 s. 151. Division 3—Catchment Management Authorities S. 11 amended by No. 39/1998 s. 6(1)(2) (Sch. 1 item 2), substituted by No. 85/2006 s. 151. 11 Establishment of Authorities s. 11 (1) The Minister must, by instrument establish a Catchment Management Authority for each catchment and land protection region. (2) Each Catchment Management Authority established under subsection (1)— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of a Catchment Management Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of each Catchment Management Authority must be kept in the custody that is directed by the Authority and must not be used, except as authorised by the Authority.
(7) If the term of appointment of the administrator expires and a determination under subsection (5) has not been made, members of the board of the Authority whose term has not expired, are reinstated. S. 14 amended by No. 39/1998 s. 6(2)(Sch. 1 item 5), substituted by No. 85/2006 s. 151. 14 Application of Public Administration Act 2004 s. 14 The Public Administration Act 2004 applies to each Authority as if that Authority were a public entity but not a small entity within the meaning of that Act, established on or after the commencement of Part 5 of that Act. Pt 2 Div. 3 (Heading and ss 15–18) repealed by No. 39/1998 s. 7. * * * * * New Pt 2 Div. 4 (Heading) inserted by No. 85/2006 s. 151. Division 4—Boards New s. 15 inserted by No. 85/2006 s. 151. 15 Board (1) Each Catchment Management Authority must have a board consisting of— (a) a chairperson; and (b) not less than 5 and not more than 8 other members— appointed by the Minister, after consultation with the Minister administering the Water Act 1989 and the Minister administering the Agricultural Industry Development Act 1990. (2) The board of each Authority must consist of persons with experience and knowledge of one or more of the following— (a) land management;
(8) A member of the board of an Authority who participates in a meeting under a permission under subsection (7) is deemed to be present at the meeting. S. 18O inserted by No. 85/2006 s. 151. 18O Special meetings s. 18O (1) The chairperson of the board of an Authority may at any time (and must, if requested by a majority of members) call a special meeting of the board. (2) Subject to subsection (3), a special meeting must not be held unless at least 2 days' notice has been given to each member. (3) If all members of the board consent in writing, a special meeting may be held with less than 2 days' notice being provided to each member. (4) Notice of a special meeting must— (a) be in writing; and (b) be served on each member, by post or in person; and (c) specify the time and place of the meeting and the reason for it. (5) A special meeting must deal only with business stated in the notice. S. 18P inserted by No. 85/2006 s. 151. 18P Resolutions without meetings (1) If all of the members of the board of an Authority for the time being see a document setting out a resolution and a majority of those members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is deemed to have been passed at a meeting of the board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.
S. 33(4)(b) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 6/2009 s. 46(1). (b) exploration for or extraction of stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or S. 33(4)(ba) inserted by No. 7/2005 s. 170(a). s. 33 (ba) exploration for or extraction of geothermal energy or geothermal energy resources within the meaning of the Geothermal Energy Resources Act 2005; or S. 33(4)(bb) inserted by No. 61/2008 s. 319(1)(a). (bb) exploration for underground geological formations or injection of greenhouse gas substances into an underground geological storage formation within the meaning of the Greenhouse Gas Geological Sequestration Act 2008; or S. 33(4)(c) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 96/1998 s. 257(1), 7/2005 s. 170(b), 63/2006 s. 61(Sch. item 5.2), 61/2008 s. 319(1)(b), 6/2009 s. 46(2). (c) the carrying out of an activity in accordance with a lease, licence, permit or authority under the Geothermal Energy Resources Act 2005, Greenhouse Gas Geological Sequestration Act 2008, the Mineral Resources (Sustainable Development) Act 1990 or the Petroleum Act 1998. 34 Status of land use conditions s. 34 A land use condition is binding on— (a) the land owner served with it; and (b) each subsequent land owner for the time being of the land to which it applies as if each had been served with the land use condition on becoming the land owner. 35 Offence to disobey land use condition
_______________ Division 1—Classification of pests 58 Classification of pests—general s. 58 (1) On the Minister's recommendation the Governor in Council, by Order published in the Government Gazette, may declare— S. 58(1)(a) amended by No. 48/2010 s. 5. (a) a plant to be a State prohibited weed, regionally prohibited weed, regionally controlled weed or restricted weed; or (b) an animal to be a prohibited pest animal, controlled pest animal, regulated pest animal or an established pest animal. (2) An Order declaring a plant to be a State prohibited weed must apply to the whole State. (3) Any other Order may apply to the whole or a specified part of the State. S. 58(4) amended by No. 67/2006 s. 9. (4) The Minister may only recommend a plant for declaration under this Part if satisfied that it is, or has or may have the potential to become, a serious threat to primary production, Crown land, the environment or community health in or in another State or a Territory of the Commonwealth. S. 58A inserted by No. 61/2003 s. 15. 58A Emergency declaration of State prohibited weed (1) The Minister may, by a notice published in the Government Gazette, declare a plant to be a State prohibited weed. (2) The declaration must apply to the whole State. (3) The declaration must— (a) state that it is an emergency weed declaration; and
(1) Before making a recommendation under this Division relating to an animal the Minister must— S. 69(1)(a) repealed by No. 39/1998 s. 6(2)(Sch. 1 item 12(a)). * * * * * (b) have regard to how the animal is classified under any pest control system under a law of the Commonwealth, another State or a Territory and the need for national uniformity in the classification of pest animals. S. 69(2) substituted by No. 35/2009 s. 9. (2) Before making any of the following recommendations, the Minister must get advice on the proposal from the Council— (a) a recommendation to declare an animal as an established pest animal; (b) a recommendation to revoke a declaration of an animal as an established pest animal; (c) a recommendation to amend an Order under section 58— s. 69 (i) to declare an animal as an established pest animal; or (ii) to revoke the declaration of an animal as an established pest animal. S. 69(3) amended by No. 39/1998 s. 6(2)(Sch. 1 item 12(b)), substituted by No. 35/2009 s. 9. (3) Before making any of the following recommendations, the Minister must get advice on the proposal from the Council and the Authority of the region in which the declaration applies or will apply— (a) a recommendation to declare a plant as a noxious weed; (b) a recommendation to revoke a declaration of a plant as a noxious weed;
(c) a recommendation to amend an Order under section 58— (i) to declare a plant as a noxious weed; or (ii) to revoke the declaration of a plant as a noxious weed. S. 69(4) amended by No. 39/1998 s. 6(2)(Sch. 1 item 12(c)). (4) The advice of the Council or an Authority under subsection (2) or (3) must include— (a) an assessment of the extent and severity of impact of the animal or plant in ; and (b) suggested measures for the management of any infestation of the animal or plant; and (c) an estimate of the cost of these measures and how it might be funded. S. 69(5) amended by No. 39/1998 s. 6(2)(Sch. 1 item 12(d)). (5) The Minister may, in a particular case or class of cases, exempt the Council or an Authority from complying with subsection (4). S. 69(6) inserted by No. 67/2006 s. 12. (6) Subsection (3) does not apply if the Minister is satisfied that the plant is not or has not or does not have the potential to become a serious threat to primary production, Crown land, the environment or community health in Victoria. S. 69A inserted by No. 35/2009 s. 10. 69A Amendment to Order under section 58 s. 69A (1) The Minister may recommend to the Governor in Council that an Order under section 58 should be amended— (a) to declare an additional plant or animal in a classification referred to in section 58(1); or (b) to revoke a declaration of a plant or animal. (2) In making a recommendation for an amendment of an Order under subsection (1)(a), the Minister must be satisfied of the matters set out in this
S. 70(3) substituted by No. 61/2003 s. 18(4). (3) A person on whom a direction has been served under this section must bear the cost of complying with the direction. S. 70A (Heading) amended by No. 48/2010 s. 8(1). S. 70A inserted by No. 61/2003 s. 19. 70A Removing particular vehicles or other things on to or from a road S. 70A(1) amended by No. 48/2010 s. 8(4). s. 70A (1) A person must not remove a vehicle (together with any trailer) that is used or intended to be used for carrying, moving or transporting— S. 70A(1)(a) amended by No. 48/2010 s. 8(2). (a) hay, grain, stone, gravel, soil, plant material, fodder or livestock; or S. 70A(1)(b) substituted by No. 48/2010 s. 8(3). (b) machinery or equipment— (i) used for building and maintaining a road or roadside; or (ii) used for building and maintaining electricity, gas, water, telecommunications or rail infrastructure; or (iii) used for the purposes of primary production or earth works— from land on to a road or from a road on to land without first taking reasonable precautions to ensure that the vehicle is free from— (c) the seeds of any noxious weed; and (d) any other part of a noxious weed that is capable of growing. 120 penalty units.
S. 70A(2) amended by No. 48/2010 s. 8(5). (2) A person must not remove machinery, implements or other equipment from land on to a road or from a road on to land without first taking reasonable precautions to ensure that the equipment is free from— (a) the seeds of any noxious weed; and (b) any other part of a noxious weed that is capable of growing. 120 penalty units. S. 70B inserted by No. 67/2006 s. 13. 70B Directions notice s. 70B (1) The Secretary may serve a notice on a land owner giving the land owner directions as to measures to be taken on the land of the land owner for the control or eradication of any regionally prohibited weed, regionally controlled weed or established pest animal that is specified in the notice. (2) In a notice under this section, the Secretary must— (a) set out the category of noxious weed or pest animal to which the notice applies; and (b) set out the measures that may be taken by the land owner to control or eradicate the noxious weed or pest animal; and (c) set out the time within which such measures must be taken; and (d) describe the land on which the measures are to be taken. (3) Any measure set out in a notice under subsection (1) must be a measure that is prescribed by the regulations. S. 70B(4) inserted by No. 51/2013 s. 13. (4) The Secretary must not serve a notice under subsection (1) on a municipal council in respect of the roadside of any municipal road in its municipal district if an approved roadside weed
S. 83F(4) inserted by No. 48/2010 s. 13. (4) An authorisation under subsection (3) must state— (a) the purpose of the entry; (b) the work to be carried out on the land by the person assisting the authorised officer; (c) the date by which the work is to be completed; s. 83F (d) that the person assisting the authorised officer may re-enter the land between the initial entry and the date specified in paragraph (c) for the purposes of carrying out the work referred to in paragraph (b); and (e) the contact details of an authorised officer. S. 83F(5) inserted by No. 48/2010 s. 13. (5) A person authorised to assist an authorised officer under subsection (2)— (a) must carry the authorisation under subsection (3) at all times while on the land; (b) must be accompanied by the authorised officer at the initial entry of the land; (c) in carrying out the work specified in subsection (4), may re-enter the land after the initial entry at reasonable times; (d) may not enter the land after the date specified in subsection (4)(c). S. 83G inserted by No. 61/2003 s. 29. 83G Return of seized things s. 83G (1) Subject to subsection (2), if any thing is seized under this Act and— (a) proceedings are not commenced against any person for any offence arising out of the circumstances of the seizure within 90 days after the seizure; or
Creek) Deep Creek (Foster) 10/11/87 18/11/87 18 10/11/87 18/11/87 67 (Wangaratta) 12/4/88 20/4/88 3070 Fiery Creek Tributaries (Beaufort) 4/10/88 12/10/88 8 Musical Gully and Reservoirs (Beaufort) 4/10/88 12/10/88 1 Langi Ghiran Reservoir 4/10/88 12/10/88 1 Picnic Road (Ararat) 4/10/88 12/10/88 1 Sch. 5 Crusoe Group Reservoirs () 15/3/89 15/3/89 16 Spring Gully Reservoir () 15/3/89 15/3/89 3 Teddington Reservoir 15/3/89 15/3/89 27 Name of Catchment Date of proclamation Date of Govt. Gazette in which proclamation published Area Sq. Km. Barwon Downs Wellfield Intake Area () 15/3/89 15/3/89 77 Yuppeckiar Creek Reservoir (Glenthompson) 6/6/89 14/6/89 1 Konong Wootong Reservoir (Coleraine) 6/6/89 14/6/89 11 Mortlake Spring (Mortlake) 25/6/91 3/7/91 14 Tributaries () 25/7/89 2/8/89 2 (Willaura) 25/7/89 2/8/89 16 Tributaries (Dunkeld) 25/6/91 3/7/91 48 Little Tea Tree Creek Tributaries () 25/7/89 2/8/89 4 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 Sch. 5 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. 6 Sch. 7 inserted by No. 39/1998 s. 11(Sch. 2). SCHEDULE 7 Sch. 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 Protection Board Glenelg Regional Catchment and Land Protection Board Corangamite Catchment and Land Protection Board Corangamite Regional Catchment and Land Protection Board North Central Catchment and Land Protection Board North Central Regional Catchment and Land Protection Board North East Catchment and Land Protection Board North East Regional Catchment and Land Protection Board
Transfer of Land (Single Register) Act 1998, No. 85/1998 Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 8) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Petroleum Act 1998, No. 96/1998 Assent Date: 24.11.98 Commencement Date: S. 257(1) on 1.12.99: s. 2(3) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 15) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Catchment and Land Protection (Amendment) Act 2003, No. 61/2003 Assent Date: 2.9.03 Commencement Date: Ss 4–34 on 5.1.04: s. 2(2) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 151 on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Planning and Environment (General Amendment) Act 2004, No. 81/2004 Assent Date: 16.11.04 Commencement Date: S. 45 on 23.5.05: Government Gazette 19.5.05 p. 930 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 26) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Catchment and Land Protection Act 1994 Endnotes