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. 6(6) inserted by No. 48/1993 s. 11(2), amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 76/1998 s. 3(2) (as amended by No. 74/2000 s. 3(Sch. 1 item 26)). (6) The body corporate established by this section is deemed to be and always to have been the same body despite the change made to its name by the Public Sector Reform (Miscellaneous Amendments) Act 1998. S. 6(7) inserted by No. 48/1993 s. 11(2), amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 76/1998 s. 3(2) (as amended by No. 74/2000 s. 3(Sch. 1 item 26)), new s. 6(7) inserted by No. 51/2016 s. 4(2). (7) The body corporate established by this section is taken to be and always to have been the same body despite the change made to its name by the Crown Land Legislation Amendment Act 2016. 7 Secretary to be subject to control S. 7(1) amended by No. 76/1998 s. 3(1)(d). (1) In the carrying out of the powers, functions and duties conferred or imposed on the Secretary by or under this or any other Act, the Secretary is subject to the direction and control of the Minister. S. 7(2) amended by No. 76/1998 s. 3(1)(d). (2) The Secretary must give the Minister such reports, documents and information as may be required by Parliament pursuant to any Act, or pursuant to any Order of either House of Parliament. S. 7(3) amended by No. 76/1998 s. 3(1)(d). (3) The Secretary must, at intervals determined by the Minister, provide the Minister with reports concerning all business carried on by the Secretary and any further information which the Minister may require.
of that power, function or duty in the course of carrying out duties under any agreement or arrangement relating to the management of Crown land by Parks Victoria. S. 11(3C) inserted by No. 66/2000 s. 33(2). (3C) The Secretary, by instrument under seal, may delegate any of the Secretary's powers, functions or duties under regulations made under section 136, 149 or 184(2) and (3) of the Water Industry Act 1994 to Parks Victoria or an employee of Parks Victoria for the purpose of the performance or exercise by Parks Victoria or an employee of Parks Victoria of that power, function or duty in the course of carrying out duties under any agreement or arrangement relating to the management of reservoir parks land or waterways land (within the meaning of the Water Industry Act 1994) by Parks Victoria. S. 11(4) amended by No. 76/1998 s. 3(1)(i)(i). (4) The Minister may by instrument delegate to the Secretary all or any of the Minister's powers functions or duties under this Act (except the powers, functions and duties under Parts 2, 5 and 8 and under section 19 and this power of delegation). S. 11(5) inserted by No. 90/1989 s. 7(2). (5) The Minister cannot under subsection (1) or (4) delegate the power under section 138A(7)(c) of the Land Act 1958 to grant or renew, or approve the grant or renewal of, a licence for a term exceeding 21 years. Division 2—Advisory bodies 12 Committees (1) For the purpose of this Act the Minister may do any of the following— (a) create one or more councils or committees; (b) appoint members to a council or committee;
S. 56(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 3.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 8.1), amended by No. 4/2009 s. 37(Sch. 1 item 6.1). domestic partner of a person means— (a) a person who is in a registered domestic relationship with the person; or (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); 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)—
72 Agreements binding on successors S. 72(1) amended by Nos 18/1989 s. 13(Sch. 2 item 18(a)), 35/1998 s. 13(4), 76/1998 s. 3(1)(t), substituted by No. 85/1998 s. 24(Sch. item 12.2) (as amended by No. 76/1998 s. 15). (1) If an agreement in respect of land other than vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the Registrar of Titles to have a recording of the agreement made in the Register and on receiving that application, the Registrar of Titles must make that recording in the Register. S. 72(1A) inserted by No. 35/1998 s. 13(5), amended by No. 76/1998 s. 3(1)(t). (1A) When an agreement in relation to vested land is expressed to be binding on a land owner's successors in title, the Secretary must as soon as practicable after entering into the agreement apply in writing to the registrar under Part 3A of the Victorian Plantations Corporation Act 1993 to register that agreement in the register of plantations and on receiving that application, the registrar must register that agreement. S. 72(2) amended by Nos 18/1989 s. 13(Sch. 2 item 18(b)), 85/1998 s. 24(Sch. item 12.3). (2) On the recording of the agreement in the Register— (a) the land owner's successors in title are deemed to have notice of that agreement; and (b) all rights and liabilities under that agreement are binding on and enforceable by or against the land owner's successors in title and run with the land. S. 72(2A) inserted by No. 35/1998 s. 13(6). (2A) On the registration of an agreement in accordance with subsection (1A)— (a) the land owner's successors in title are deemed to have notice of the agreement; and
S. 79(1)(b) amended by No. 76/1998 s. 3(1)(t). (b) an agreement specifies an amount that becomes due to the Secretary upon default of the land owner and the land owner is in default under the agreement; or (c) an amount is awarded against a land owner as damages for breach— 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. 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 Nos 29/2011 s. 3(Sch. 1 item 16.1), 49/2017 s. 71(1). traditional owner land management agreement means an agreement under section 82P; S. 82A def. of Yarra Strategic Plan inserted by No. 49/2017 s. 71(2). Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017. 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.
(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 which aboriginal title is to be granted or transferred or with any other relevant person for the purpose of facilitating any proposal— S. 82P(1)(a) amended by No. 62/2010 s. 105(b). (a) to establish a Traditional Owner Land Management Board for the land that is the subject of the agreement; or (b) to vary the management functions, powers or duties of a Traditional Owner Land Management Board in relation to the land. (2) Before entering into an agreement under subsection (1), if the Minister is not the relevant land Minister for any of the public land that is the subject of the agreement, the Minister must obtain the consent of the relevant land Minister. (3) An agreement under subsection (1) may deal with any matters that are related or incidental to the establishment or operation of a Traditional Owner Land Management Board. Pt 8A Div. 5A (Heading and ss inserted by No. 62/2010 s. 106. Division 5A—Joint management plans
(2) A notice under subsection (1)— (a) must state that a management plan has been prepared and set out where the plan may be inspected; (b) must state that written submissions may be made on the plan to the Secretary or the Traditional Owner Land Management Board within the time specified in the notice. S. 82PF inserted by No. 62/2010 s. 106. 82PF Making and consideration of submissions (1) Any person may make written submissions on a completed management plan within the period specified in the notice of the plan under section 82PE. (2) The period of time for making submissions that may be specified in a notice under section 82PE must not be less than 2 months from the date of publication of the notice. (3) The Secretary and the Traditional Owner Land Management Board must consider any submission made on the completed management plan that were received by either person within the period specified in the notice under section 82PE. S. 82PG inserted by No. 62/2010 s. 106. 82PG Agreement to management plan (1) For the purposes of section 82PA(2), a management plan is taken to be agreed to when, after consideration of submissions under section 82PF, both the Traditional Owner Land Management Board and the Secretary agree to the plan. (2) A plan agreed to under subsection (1) may contain variations to a completed plan made as a result of consideration of submissions under section 82PF.
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. (5) Where a relevant law provides that a person, being a partnership or unincorporated association is guilty of an offence, that reference to a person is— (a) in the case of a partnership—to be read as a reference to each member of the partnership; and (b) in the case of an unincorporated association—to be read as a reference to each member of the committee of management of the association. (6) In this section— S. 90(6) def. of officer substituted by No. 44/2001 s. 3(Sch. item 22.3). officer of a body corporate has the same meaning as in section 82A of the Corporations Act. 91 Infringement notice (1) An authorised officer may serve an infringement notice on any person, if the authorised officer has
S. 97(2)(b) amended by No. 92/1995 s. 162(1). (b) a reference to wildlife within the meaning of the Wildlife Act 1975; and S. 97(2)(c) inserted by No. 92/1995 s. 162(1). (c) a reference to fish or protected aquatic biota within the meaning of the Fisheries Act 1995. S. 97(3) amended by No. 96/1994 s. 51(a). (3) For the purpose of section 86 of the Sentencing Act 1991 as applied by subsections (1) and (2)— S. 97(3)(a) amended by No. 76/1998 s. 3(1)(z). (a) if the property which has been lost, damaged or destroyed is forest produce a statement in a certificate under the seal of the Secretary as to the amount which the Secretary considers would have been payable by way of royalty if the forest produce had been taken in accordance with a licence granted under a relevant law is evidence of the value of the forest produce; and S. 97(3)(b) amended by No. 76/1998 s. 3(1)(z). (b) in any other case, a statement in a certificate under the seal of the Secretary as to the value of the property lost damaged or destroyed or as to the amount of charges, costs or expenses incurred is evidence of the value of that property or that amount. S. 97(4) amended by No. 96/1994 s. 51(a). (4) If under section 86 of the Sentencing Act 1991 a court may make an order for compensation in relation to an offence against a relevant law where the property lost damaged or destroyed is forest produce, the court instead of making that order, may order the forest produce to be forfeited to the Crown. 98 Action for damages
Assent Date: 20.6.95 Commencement Date: S. 32(5) on 3.8.95: Government Gazette 3.8.95 p. 2013 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Extractive Industries Development Act 1995, No. 67/1995 Assent Date: 17.10.95 Commencement Date: S. 58(Sch. 1 item 4) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Fisheries Act 1995, No. 92/1995 (as amended by No. 5/1997) Assent Date: 5.12.95 Commencement Date: S. 162 on 18.12.97: Government Gazette 18.12.97 p. 3613 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Zoological Parks and Gardens Act 1995, No. 106/1995 Assent Date: 5.12.95 Commencement Date: S. 51(a)–(c) on 30.4.96: Special Gazette (No. 45) 30.4.96 p. 1. : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Taxation Administration Act 1997, No. 40/1997 Assent Date: 3.6.97 Commencement Date: S. 138(Sch. 2 item 5) on 1.7.97: Government Gazette 12.6.97 p. 1330 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Wildlife (Amendment) Act 1997, No. 87/1997 Assent Date: 2.12.97 Commencement Date: Pt 3 (ss 43–45) on 21.3.98: Government Gazette 12.3.98 p. 520 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Alpine Resorts (Management) Act 1997, No. 89/1997