S. 3 def. of special event management area inserted by No. 14/2008 s. 3. special event management area means the area specified in a special event management declaration as the area to which the declaration is to apply; S. 3 def. of special event management declaration inserted by No. 14/2008 s. 3. special event management declaration means a declaration under section 29J(1); S. 3 def. of special event period inserted by No. 14/2008 s. 3. special event period means a period specified in a special event management declaration as a period during which the special event is to take place; S. 3 def. of tour operator licence inserted by No. 40/2009 s. 3(2). tour operator licence means a licence granted under section 21B; S. 3 def. of traditional owner land management agreement inserted by No. 62/2010 s. 109(1). traditional owner land management agreement has the same meaning as in the Conservation, Forests and Lands Act 1987; S. 3 def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 109(1). Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;
(r) public buildings including offices halls libraries museums galleries and war memorials; (s) experimental and research farms and agricultural colleges; S. 4(1)(t) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 11.1). (t) the growth preservation and supply of timber including Government school forest plantations; (u) the supply of sand gravel stone and other materials for the construction of public roads buildings and other works; (v) alpine resorts; (w) public parks gardens and ornamental plantations; (x) areas for public recreation including areas for camping; (y) the purposes of health and social welfare; (z) facilities and services for tourists or for the promotion of tourism; (za) show-grounds and race-courses; (zb) cemeteries and crematoria; S. 4(1)(zc) amended by No. 46/1998 s. 7(Sch. 1). (zc) hospitals and institutions or services for any other purposes administered by the Minister administering the Health Services Act 1988 or conducted by committees registered under the Hospitals and Charities Act 1958; (zd) bush nursing centres; (ze) the protection of the coastline; and (zf) zoological parks.
S. 7(3) inserted by No. 86/1993 s. 40, amended by No. 63/2006 s. 61(Sch. item 7). (3) After the commencement of section 40 of the Mineral Resources Development (Amendment) Act 1993, the Governor in Council must not make a nomination under subsection (1) in relation to any land that is unrestricted Crown land within the meaning of the Mineral Resources (Sustainable Development) Act 1990. No. 6284 ss 18, 19. S. 8 amended by No. 5/1993 s. 3(a). 8 Reserved lands not to be sold, leased or licensed (1) Any land which has been reserved either temporarily or permanently under section 4 shall not (except as authorized by this or any other Act) be sold leased or licensed unless the reservation thereof has been revoked and any purported sale lease or licence of such land shall be absolutely void as well against Her Majesty as all other persons whomsoever. S. 8(2) inserted by No. 5/1993 s. 3(b). (2) An Act other than this Act (whether passed before or after the commencement of this subsection) must be taken to authorise the sale, leasing or licensing of land reserved temporarily or permanently under section 4 only if it expressly, and not merely by implication, authorises the sale, leasing or licensing of— (a) that particular land; or (b) any class or description or Crown land or reserved land that includes that land; or (c) Crown land or reserved land generally. S. 8(3) inserted by No. 5/1993 s. 3(b). (3) For the purposes of subsection (2)(b) and (c) an Act which authorises the sale, leasing or licensing of land, without expressly referring to Crown land or reserved land, must not be taken to authorise the sale, leasing or licensing of Crown land or reserved land. S. 8(4) inserted by No. 5/1993 s. 3(b). (4) This section has effect despite any Act or rule of law to the contrary, including any rule of the common law.
9 Revocation of reservations (1) Unless otherwise specifically provided in this or any other Act the temporary reservation of any land under section 4 may only be revoked in accordance with the provisions of section 10. (2) Unless otherwise specifically provided in any other Act the permanent reservation of any land under section 4 may only be revoked pursuant to the provisions of section 11. No. 6284 s. 22. S. 10 amended by No. 96/1994 s. 46(a). 10 Revocation of temporary reservation The Governor in Council may revoke any temporary reservation of any land as to the whole or any part thereof by Order published in the Government Gazette but at least fourteen days before any temporary reservation is revoked notice of intention to revoke the reservation shall be published in the Government Gazette. S. 10(2) amended by No. 10087 s. 3(1)(Sch. 1 item 31), repealed by No. 96/1994 s. 46(b). * * * * * No. 6284 s. 15. 11 Power to amend or revoke permanent reservations (1) Where— S. 11(1)(a) amended by No. 81/1989 s. 3(Sch. item 8.3). (a) the bed or channel of any waterway or any Crown land on either side of the same is permanently reserved by Order in Council under this Act; and S. 11(1)(b) amended by No. 81/1989 s. 3(Sch. item 8.3). (b) after the date of such Order the course of such waterway is altered (whether by natural or artificial means); and
S. 17D(4)(c) amended by No. 40/2009 s. 12(5)(b). (c) shall be subject to such covenants, exceptions, reservations and conditions as are determined by the trustees or committee of management and approved by the responsible Minister, or where there are no trustees or committee of management, as are determined by the responsible Minister. S. 17D(5) amended by Nos 45/1987 s. 205(Sch. item 12), 40/2009 s. 12(6). (5) Any building or structure created on the land and any use of the land pursuant to a lease referred to in subsection (1) or (1A) shall be subject to any Act rule regulation or by-law relating to approval of plans and specifications, or to control of land use including, without limiting the generality of the foregoing, the Planning and Environment Act 1987 or any regulation or instrument made under that Act. S. 17D(6) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(7). (6) A lease under subsection (1) or (1A) may be granted— (a) without being limited to a particular stratum of reserved land; or (b) for a stratum of reserved land. S. 17D(7) inserted by No. 48/1996 s. 26, amended by No. 40/2009 s. 12(8). (7) The responsible Minister must not grant a lease under subsection (1) or (1A) for a stratum of reserved land unless he or she is satisfied that— (a) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and (b) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and (c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and
S. 18(3)(a) repealed by No. 41/1987 s. 103(Sch. 4 item 9.13). * * * * * S. 18(3)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 9.14), 81/1989 s. 3(Sch. item 8.4). (b) in respect of an Order placing any land under the control and management of the Rural Water Commission, the Minister administering the Water Act 1989; S. 18(3)(c) substituted by No. 121/1994 s. 207(4), amended by No. 66/2000 s. 51(3)(a), substituted by No. 17/2012 s. 84(4). (c) in the case of an Order placing any land under the control of a metropolitan water corporation within the meaning of the Water Act 1989 or Melbourne Water Corporation, the Minister administering the Water Act 1989; and S. 18(3)(d) amended by No. 41/1987 s. 116(8), substituted by No. 66/2000 s. 51(3)(b). (d) in the case of an order placing land under the control and management of the Secretary, being land to which section 19B of the National Parks Act 1975 is to apply, the Minister administering that Act. S. 18(3)(e) repealed by No. 41/1987 s. 103(Sch. 4 item 9.17). * * * * * S. 18A inserted by No. 48/1996 s. 28, substituted by No. 55/1997 s. 25 (as amended by No. 91/1997 s. 44(f)). 18A Agreement with electricity company—reserved land (1) The Minister may enter into an agreement with an electricity company— (a) to manage and control; or (b) to carry out duties, functions and powers related to the company's purpose on— any reserved land, other than land that is a reference area under the Reference Areas Act
managed in a way that is not inconsistent with any joint management plan for the land. No. 6284 s. 224. S. 21 amended by Nos 96/1994 s. 48(e), 31/2013 s. 4 (ILA s. 39B(1)). 21 Trustees of reserves to be deemed occupiers S. 21(1) amended by No. 30/2014 s. 12. (1) The word owners in section 16 of the Fences Act 1968 shall for the purposes of that section be deemed to include the trustees or persons having the care control or management of any land whether permanently reserved or not. S. 21(2) inserted by No. 31/2013 s. 4(2). (2) Subsection (1) as in force immediately before the commencement of section 4 of the Justice Legislation Amendment Act 2013 continues to apply in relation to a right or liability arising in relation to a fence or proposed fence for which a notice to fence was served under section 6 of the Fences Act 1968 before that commencement. S. 21AA inserted by No. 53/2014 s. 9. 21AA Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land (1) A person must not— (a) construct, remove or alter a levee on land reserved under this Act; or (b) carry out maintenance on a levee on land reserved under this Act. Penalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both. (2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—
(1) If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless— (a) the person is a member of a class specified in the determination; or (b) the person is a nominee and the nominating person is a member of a class specified in the determination. Penalty: 20 penalty units. (2) If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away more than 2 cubic metres of fallen or felled trees unless— (a) the person is a member of a class specified in the determination; or (b) the person is a nominee and the nominating person is a member of a class specified in the determination. Penalty: 50 penalty units or imprisonment for 1 year or both. S. 21S inserted by No. 46/2012 s. 16. 21S Offences as to amount of fallen or felled trees cut or taken away in a day (1) A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day. Penalty: 20 penalty units.
(d) a power to fix opening and closing times for public access to the special event management area or part of that area. (3) A special event management declaration cannot confer power to permit the use of the Carlton Gardens Reserve for a purpose that is inconsistent with the reservation of the land unless it is a purpose that is, or is connected with, an exhibition purpose. (4) The functions, powers and duties conferred on the Trust by a special event management declaration are in addition to those set out in the Convention and Exhibition Trust Act 1996. S. 29M inserted by No. 14/2008 s. 4. 29M Suspension of functions, powers and duties (1) A special event management declaration may provide for— (a) all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for a special event period; and (b) all or specified functions, powers and duties of the trustees or the committee of management of the Carlton Gardens Reserve to be suspended for any other specified part of the declaration period. (2) The Minister must not make a recommendation under section 29J(1) for a declaration to suspend the functions, powers and duties of the trustees or the committee of management unless the Minister is satisfied that this is necessary for the purposes of the special event.
(1) In any proceedings for an offence under this Act with respect to cutting or taking away of timber from the land described in Division 2A or Division 5 of Part 4A of the Fifth Schedule, if the person charged with the offence was found in possession of the timber that is the subject of the offence on that land, in the absence of evidence to the contrary, the timber is taken to be the property of the Crown. (2) In this section— timber has the same meaning as in section 3(1) of the Forests Act 1958. S. 31 repealed by No. 9863 s. 2, new s. 31 inserted by No. 40/2009 s. 31. 31 Tour operator licence regulations (1) The Governor in Council may make regulations for or with respect to— (a) the fees payable in respect of tour operator licences including— (i) requirements for fees to be paid annually; and (ii) methods for calculating fees, including by reference to the following— (A) numbers of persons that may participate in or have participated in tours; and (B) classes of persons that may participate in or have participated in tours; and (b) prescribing tour operator licence conditions. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised
Pt 6 Div. 5 (Heading and ss 51–62) inserted by No. 57/2006 s. 24. Division 5—Further transitional provisions—2006 Act S. 51 inserted by No. 57/2006 s. 24. 51 Definition In this Part 2006 Act means the National Parks and (Reserves) Acts (Amendment) Act 2006. Ss 52, 53 inserted by No. 57/2006 s. 24, repealed by No. 54/2008 s. 18. * * * * * S. 54 inserted by No. 57/2006 s. 24. 54 Savings of licences and other authorities—regional parks Despite the commencement of section 26(4) of the 2006 Act and despite anything to the contrary in this Act, any lease, licence, permit or other authority over any part of the land described in Division 1, 2 or 3 of Part 4A that was granted or issued under this Act, the Extractive Industries Development Act 1995, the Forests Act 1958, the Land Act 1958, the Mineral Resources Development Act 1990 or the Water Act 1989 and that was in force immediately before that commencement continues in force on and after that commencement, subject to its terms and conditions. S. 55 inserted by No. 57/2006 s. 24. 55 Protected forest— (1) Despite the commencement of section 26(4) of the 2006 Act, the Forests Act 1958, the Sustainable Forests (Timber) Act 2004 and the Safety on Public Land Act 2004 apply to the land shown
in force on and after that commencement, subject to its terms and conditions. S. 59 inserted by No. 57/2006 s. 24, expired by force of No. 9212 s. 59(2). * * * * * Ss 60, 61 inserted by No. 57/2006 s. 24, repealed by No. 54/2008 s. 18. * * * * * S. 62 inserted by No. 57/2006 s. 24, repealed by No. 90/2009 s. 19(2). * * * * * S. 63 inserted by No. 57/2006 s. 28, repealed by No. 54/2008 s. 18. * * * * * Pt 6 Div. 5A (Heading and ss 63–63F) inserted by No. 82/2009 s. 31. Division 5A—Further transitional provisions—2009 River Red Gums Act New s. 63 inserted by No. 82/2009 s. 31. 63 Definitions In this Division— 2009 River Red Gums Act means the Parks and Legislation Amendment (River Red Gums) Act 2009;
Sch. 5 Pt 5 Div. 3 inserted by No. 57/2006 s. 26(5), repealed by No. 90/2009 s. 24(1), new Sch. 5 Pt 5 Div. 3 inserted by No. 7/2012 s. 24(4). Division 3—Gippsland Lakes Reserve (Raymond Island) The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./11188. Purposes of the reservation— The purposes of conservation, education and recreation. Sch. 5 Pt 6 (Heading and Divs 18) inserted by No. 57/2006 s. 26(6). PART 6—WATER RESERVES 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.
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 42) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 : This information relates only to the provision/s amending the (Reserves) Act 1978 Filming Approval Act 2014, No. 51/2014 Assent Date: 12.8.14 Commencement Date: S. 9(Sch. 2 item 2) on 1.3.15: s. 2(2) : This information relates only to the provision/s amending the (Reserves) Act 1978 Water Amendment (Flood Mitigation) Act 2014, No. 53/2014 Assent Date: 12.8.14 Commencement Date: S. 9 on 1.3.15: s. 2(2) : This information relates only to the provision/s amending the (Reserves) Act 1978 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details