S. 3 amended by No. 9380 s. 2(a). 3 Definitions s. 3 In this Act unless inconsistent with the context or subject-matter— S. 3 def. of appointed land inserted by No. 62/2010 s. 109(1). appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987; S. 3 def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 9.2), amended by No. 96/1994 s. 48(a). authorised officer means a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of the Land Act 1958; S. 3 def. of Carlton Gardens Reserve inserted by No. 14/2008 s. 3. Carlton Gardens Reserve means the balance of the land described in Crown Grant Volume 600 Folio 905; S. 3 def. of Central Plan Office inserted by No. 64/2004 s. 25. Central Plan Office means the Central Plan Office of the Department of Sustainability and Environment; S. 3 def. of Chief Administrator inserted by No. 41/1987 s. 103(Sch. 4 item 9.2), repealed by No. 76/1998 s. 6(a)(i). * * * * *
S. 3 def. of Water inserted by No. 82/2009 s. 24. Goulburn-Murray Water means Rural Water Corporation constituted under Part 6 of the Water Act 1989; S. 3 def. of joint management plan inserted by No. 62/2010 s. 109(1). joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987; s. 3 S. 3 def. of land manager inserted by No. 40/2009 s. 3(2). land manager, for the purposes of Part 3A, means— (a) in relation to land reserved under section 4 that is managed by trustees or a committee of management, the trustees or committee of management; or (b) in relation to land reserved under section 4 that is not managed by trustees or a committee of management, the Secretary; S. 3 def. of local port inserted by No. 65/2010 s. 420(Sch. 3 item 5.1(b)). local port has the same meaning as it has in the Port Management Act 1995; S. 3 def. of management plan repealed by No. 8/1995 s. 42(2). * * * * * Murray
S. 3B inserted by No. 6/2010 s. 25(5) (Sch. 2 item 3) (as amended by No. 45/2010 s. 6). 3B Transport Integration Act 2010 s. 3B This Act is interface legislation within the meaning of the Transport Integration Act 2010. _______________ No. 6284 s. 14. 4 Power to reserve Crown land for public purposes s. 4 (1) The Governor in Council may by Order published in the Government Gazette reserve by a general or particular description either temporarily or permanently any Crown lands which in his opinion are required for any public purposes and without affecting the generality of the foregoing for any or any combination of the following— S. 4(1)(a) amended by No. 23/1995 s. 4(1). (a) ports, quays wharves docks and landing places; (b) roads carparks tramways and railways; (c) aerodromes and landing grounds for aircraft; S. 4(1)(d) amended by No. 81/1989 s. 3(Sch. item 8.1). (d) watersheds and gathering grounds for water supply purposes, the supply and distribution of water and works associated therewith including reservoirs aqueducts pipe-lines channels and waterways; S. 4(1)(e) amended by No. 81/1989 s. 3(Sch. item 8.2). (e) the protection of the beds or channels and the banks of waterways; (f) drainage and sewerage works;
S. 5(5) substituted by No. 121/1986 s. 112. (5) The Land Acquisition and Compensation Act 1986 applies to this section and for that purpose— (a) this section is the special Act; and (b) the Minister is the Authority. S. 5(6) amended by No. 10087 s. 3(1)(Sch. 1 item 31), repealed by No. 121/1986 s. 112. * * * * * No. 6284 s. 22F(3). S. 5(7) amended by No. 121/1986 s. 112. (7) Any land purchased under this section shall be surrendered and transferred or conveyed to the Crown and thereupon shall be deemed to be unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was purchased. S. 5(8) inserted by No. 121/1986 s. 112. (8) Any land acquired by the Minister under this section— (a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986 despite anything to the contrary in that section; and (b) may be dealt with as unalienated land of the Crown temporarily reserved under this Act for the purpose for which the land was acquired. 6 Effect of permanent reservation on land previously temporarily reserved s. 6 Where any land is permanently reserved under section 4 any previous temporary reservation of the land shall be deemed to be revoked by the Order effecting the permanent reservation but any regulations and the appointment of any committee of management in respect to the land shall under and subject to this Act continue to have the same status operation and effect as they respectively
S. 13(9)(b) amended by Nos 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2). (b) where the charge-sheet is filed by an officer or servant employed by the committee of management of any land—into the funds of the committee of management; S. 13(9)(c) amended by No. 57/1989 s. 3(Sch. item 47.1(c)), 68/2009 s. 97(Sch. item 41.2). (c) where the charge-sheet is filed by any officer or servant employed by the trustees of the land—into the funds of the trustees. No. 6284 ss 220, 221. 14 Appointment of committees of management s. 14 (1) Where any land has been permanently reserved under this Act for the purposes of a public park or garden or for the recreation convenience or amusement of the people and has been granted to trustees or jointly to the Minister and trustees the Governor in Council may on the application of the trustees or of the Minister and the trustees (as the case may be) appoint a committee of management thereof and may at any time on a similar application revoke any such appointment or remove any person appointed as a member of the committee. (2) Where any land has been reserved either temporarily or permanently under this Act and has not been granted to trustees the Minister may appoint a committee of management thereof and may at any time revoke any such appointment or remove any person appointed as a member of the committee. (3) An appointment under subsection (1) or (2) may be subject to such conditions and shall be for such term as the Governor in Council or the Minister
(as the case may be) determines in any particular case. (4) A committee of management appointed under subsection (1) or (2) may consist of— (a) any three or more persons; S. 14(4)(b) substituted by No. 12/1989 s. 4(1)(Sch. 2 item 21.2), amended by No. 58/2010 s. 46(1). (b) a Council; S. 14(4)(c) amended by No. 10187 s. 64, substituted by Nos 121/1994 s. 207(1), 17/2012 s. 84(1). (c) a metropolitan water corporation within the meaning of the Water Act 1989; S. 14(4)(ca) inserted by No. 121/1994 s. 207(1). (ca) Melbourne Water Corporation; S. 14(4)(cb) inserted by No. 121/1994 s. 207(1), substituted by No. 66/2000 s. 49. (cb) Parks ; S. 14(4)(d) repealed by No. 90/2009 s. 18(1). * * * * * s. 14 (e) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose;
(b) the land has not been certified under section 17(1), or the use of the land, operation of the services or facilities or erection of the building or structure (as the case may be) is for a purpose not consistent with the purpose of the reservation of the land; S. 17A(1)(c) amended by No. 76/1998 s. 6(d). (c) the trustees or committee of management of the land or, where there are no trustees or committee of management, the of Conservation, Forests and Lands or a person authorized by the certified, before the expiration of one year after the commencement of the Crown Land (Reserves) (Amendment) Act 1984, that the habitual use or operation of services or facilities was occurring immediately before the commencement of that Act, or the building or structure was on the land immediately before the commencement of that Act— s. 17A notwithstanding anything in this Act and notwithstanding any regulations made under section 13 relating to the land, the trustees or committee of management, or where there are no trustees or committee of management, the Director-General of Conservation, Forests and Lands or a person authorized by the may, with the approval in writing of the Minister, where the Minister so approves the purpose for which the land or building was used or the service or facility operated or the building or structure erected— (d) grant a licence to the person or body to enter and use that portion of the land or that building for a period not exceeding three years; General
S. 17B(2)(a)(ii) inserted by No. 48/1993 s. 6(1)(b). (ii) in the case of land for which there is no recommendation of a kind referred to in subparagraph (i), the Minister is satisfied that there are special reasons which make the granting of the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or (b) which has been placed under the control and management of an authority pursuant to section 18(1). S. 17B(3) substituted by No. 48/1993 s. 6(2). s. 17B (3) The Minister must not give approval under subsection (1) unless— (a) in the case of land referred to in subsection (2)(a)(ii), he or she states in the approval that there are special reasons which make granting the licence or entering into the agreement reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or (b) in the case of any other land, he or she is satisfied that the purpose for which the licence is to be granted or the agreement entered into is not detrimental to the purpose for which the land is reserved. S. 17B(4) amended by No. 76/1998 s. 6(e)(ii). (4) A licence entered into under paragraph (1)(a) or an agreement entered into under paragraph (1)(b) or (1)(c) shall be subject to such terms and conditions as the trustees or committee of management or Secretary or person authorized by
S. 17D(1C) inserted by No. 40/2009 s. 12(2). (1C) If the responsible Minister or the trustees or committee of management enter into an agreement to lease reserved land under subsection (1B) and the agreement to lease gives a right to occupy the land for a period of time, that period and the period of any lease entered into consequent on the agreement must not exceed, when added together, the maximum lease term permitted under this section. s. 17D S. 17D(2) amended by No. 40/2009 s. 12(3)(a). (2) A lease must not be entered into under subsection (1) or (1A) in relation to land reserved under section 4— S. 17D(2)(a) amended by No. 48/1993 s. 7(1)(a)(b). (a) which is reserved for a purpose specified in paragraph (l), (m), (n), (o), (w) or (ze) of subsection (1) of section 4 or is deemed by subsection (6) of that section to be reserved for the protection of the coastline unless— S. 17D(2)(a)(i) amended by No. 40/2009 s. 12(3)(b). (i) notice has been given by the Governor in Council under section 10(3) of the Land Conservation Act 1970 of a recommendation in respect of the land made under section 5(1)(a) of that Act and the granting of a lease under subsection (1) or (1A) is consistent with the recommendation; or s. 17D S. 17D(2)(a)(ii) inserted by No. 48/1993 s. 7(1)(b), amended by No. 40/2009 s. 12(3)(c). (ii) in the case of land for which there is no recommendation of a kind referred to in subparagraph (i), the responsible Minister is satisfied that there are special reasons which make granting the lease reasonable and appropriate in the particular circumstances and that to do this will not be substantially detrimental to the use and enjoyment of any adjacent land reserved under this Act; or
S. 42 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28, new s. 42 inserted by No. 60/2005 s. 33, repealed by No. 54/2008 s. 16. * * * * * S. 43 inserted by No. 50/2002 s. 18, repealed by No. 64/2004 s. 28. * * * * * Pt 6 Div. 2 (Heading) inserted by No. 64/2004 s. 30. Division 2—Fifth Schedule reserves New s. 43 inserted by No. 57/2006 s. 21. 43 Reserve descriptions s. 43 Each area of land described in a Division of a Part of the Fifth Schedule may be described in or under this or any other Act or in any other document by the name set out as the heading to the Division. S. 44 inserted by No. 50/2002 s. 18, substituted by No. 64/2004 s. 30, amended by Nos 60/2005 s. 22(1), 57/2006 s. 27(Sch. item 1). 44 Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves Each area of land described in a Division of Part 1 of the Fifth Schedule is deemed to be permanently reserved under section 4 for public purposes being, in particular, the purposes of nature conservation.
(b) protecting and conserving biodiversity, natural and cultural features and water supply catchments; (c) supplying a limited range of natural resource products. Pt 6 Div. 3 (Heading and ss 48, 49) inserted by No. 64/2004 s. 30. Division 3—Transitional provisions relating to reserves S. 48AA inserted by No. 60/2005 s. 24. 48AA Definition s. 48AA In this Part 2005 Act means the National Parks (Otways and Other Amendments) Act 2005. S. 48 inserted by No. 64/2004 s. 30, repealed by No. 57/2006 s. 23(1). * * * * * S. 48A inserted by No. 60/2005 s. 25. 48A Surf lifesaving club at Port —2005 Act (1) Despite the commencement of section 25 of the 2005 Act, the Port Campbell surf lifesaving club lease continues in force on the same terms and conditions as those applying to it immediately before that commencement and is deemed to have effect, on and from that commencement, as if any reference in the lease to the "Minister" were a reference to the Minister administering this section. (2) In this section, Port Campbell surf lifesaving club lease means the lease granted by the Minister administering section 32B of the National Parks Act 1975 (under section 32B of that Act, as in force before the commencement of section 6 of the 2005 Act) to the Surf Lifesaving Association
Sch. 5 Pt 1 Div. 14 inserted by No. 57/2006 s. 26(1). Division 14—Marengo Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–063. Sch. 5 Pt 1 Div. 15 inserted by No. 90/2009 s. 22. Division 15—Boggy Creek Nature Conservation Reserve Sch. 5 The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09374. Sch. 5 Pt 1 Div. 16 inserted by No. 90/2009 s. 22. Division 16—Cobon Nature Conservation Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-375. Sch. 5 Pt 1 Div. 17 inserted by No. 90/2009 s. 22. Division 17—Combienbar River Nature Conservation Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-376. Sch. 5 Pt 1 Div. 18 inserted by No. 90/2009 s. 22. Division 18—Dawson-Murrindal Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09377. Sch. 5 Pt 1 Div. 19 inserted by No. 90/2009 s. 22. Division 19— Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09378. Sch. 5 Pt 1 Div. 20 inserted by No. 90/2009 s. 22. Division 20— Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09379.
Sch. 5 Pt 5 Div. 1 inserted by No. 60/2005 s. 27(2). Division 1—Port Coastal Reserve The land delineated and shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–311. Purposes of the reservation— The purposes of the protection of the coast. Sch. 5 Pt 5 Div. 2 inserted by No. 60/2005 s. 27(2). Division 2—Port Recreation and Camping Reserve The land delineated and shown cross-hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–311. Purposes of the reservation— The purposes of public recreation and camping. Sch. 5 Pt 5 Div. 3 inserted by No. 57/2006 s. 26(5), repealed by No. 90/2009 s. 24(1). * * * * * Sch. 5 Pt 6 (Heading and Divs 18) inserted by No. 57/2006 s. 26(6). PART 6—WATER RESERVES Sch. 5 Sch. 5 Pt 6 Div. 1 inserted by No. 57/2006 s. 26(6). Division 1— and Macdonalds Reservoirs Water Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–252. Sch. 5 Pt 6 Div. 2 inserted by No. 57/2006 s. 26(6). Division 2—Bawden Reservoir Water Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–253. Sch. 5 Pt 6 Div. 3 inserted by No. 57/2006 s. 26(6). Division 3—Kitty English and Frank Mann Reservoirs Water Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–254.
Sch. 5 Pt 6 Div. 4 inserted by No. 57/2006 s. 26(6). Division 4—Macdonalds Tank Water Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–255. Sch. 5 Pt 6 Div. 5 inserted by No. 57/2006 s. 26(6). Division 5—Orde Hill and Willimigongon Reservoirs Water Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–256. Sch. 5 Pt 6 Div. 6 inserted by No. 57/2006 s. 26(6). Division 6—Pierce Reservoir–Barringo Creek Water Reserve Sch. 5 The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–257. Sch. 5 Pt 6 Div. 7 inserted by No. 57/2006 s. 26(6). Division 7—Reservoir A Water Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–258. Sch. 5 Pt 6 Div. 8 inserted by No. 57/2006 s. 26(6). Division 8—Reservoirs B and C Water Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–259. Sch. 5 Pt 7 (Heading and Divs 1, 2 inserted by No. 54/2008 s. 22. PART 7—FOREST PARKS Sch. 5 Pt 7 Div. 1 inserted by No. 54/2008 s. 22, substituted by Nos 90/2009 s. 24(2), 35/2010 s. 18(3). Division 1—Otway The land delineated and coloured pink on the plans lodged in the Central Plan Office and numbered LEGL./08-015, LEGL./10-104, LEGL./10-105 and LEGL./10106.
Assent Date: 19.5.81 Commencement Date: 19.5.81: s. 1(3) : All of Act in operation Companies (Consequential Amendments) Act 1981, No. 9699/1981 Assent Date: 5.1.82 Commencement Date: S. 23 on 1.7.82: s. 2(1) : This information relates only to the provision/s amending the (Reserves) Act 1978 Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83 : All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation (Reserves) (Amendment) Act 1984, No. 10144/1984 Assent Date: 13.11.84 Commencement Date: 13.11.84 : All of Act in operation Town and Country Planning (Transfer of Functions) Act 1985, No. 10187/1985 Assent Date: 4.7.85 Commencement Date: All of Act (except ss 5, 6(1), 8(2)) on 1.7.85: s. 2(1); ss 5, 6(1), 8(2) on 1.7.86: Government Gazette 18.6.86 p. 2066 : All of Act in operation Endnotes Land Acquisition and Compensation Act 1986, No. 121/1986 Assent Date: 23.12.86 Commencement Date: 29.11.87: Government Gazette 25.11.87 p. 3224 : All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987 Assent Date: 19.5.87 Commencement Date: Ss 103(Sch. 4 items 9.1–9.21), 116(8) on 1.7.87: Government Gazette 24.6.87 p. 1694 : This information relates only to the provision/s amending the (Reserves) Act 1978 Planning and Environment Act 1987, No. 45/1987
Assent Date: 27.4.93 Commencement Date: 9.4.92: s. 2 : All of Act in operation Acts (Amendment) Act 1993, No. 48/1993 Assent Date: 1.6.93 Commencement Date: 1.6.93 : All of Act in operation Mineral Resources Development (Amendment) Act 1993, No. 86/1993 Assent Date: 3.11.93 Commencement Date: S. 40 on 17.1.94: Government Gazette 16.12.93 p. 3317 : This information relates only to the provision/s amending the (Reserves) Act 1978 Financial Management (Amendment) Act 1994, No. 75/1994 Assent Date: 22.11.94 Commencement Date: S. 7(6) on 10.5.94: s. 2(1); rest of Act on 1.1.95: s. 2(2) : All of Act in operation Impounding of Livestock Act 1994, No. 89/1994 Assent Date: 6.12.94 Commencement Date: 6.12.94 : All of Act in operation Crown Lands Acts (Amendment) Act 1994, No. 96/1994 Assent Date: 13.12.94 Commencement Date: Ss 46–48 on 26.1.95: Government Gazette 26.1.95 p. 163 : This information relates only to the provision/s amending the (Reserves) Act 1978 Water Industry Act 1994, No. 121/1994 Assent Date: 20.12.94 Commencement Date: S. 207 on 1.1.95: Special Gazette (No. 105) 23.12.94 p. 1 : This information relates only to the provision/s amending the (Reserves) Act 1978 Coastal Management Act 1995, No. 8/1995 Assent Date: 26.4.95 Commencement Date: S. 42(1) on 6.7.95: Government Gazette 6.7.95 p. 1698; s 42(2)–(6) on 26.4.97: s. 2(3) : This information relates only to the provision/s amending the (Reserves) Act 1978 Endnotes Ports Acts (Amendment) Act 1995, No. 23/1995