3 Definitions (1) In this Act— agreement means a land management cooperative agreement under Part 8; S. 3(1) def. of authorised officer substituted by No. 24/2014 s. 77(2), amended by No. 68/2016 s. 160(2). authorised officer means an authorised officer— (a) appointed under Part 9; or (b) appointed by the Game Management Authority under Part 3 of the Game Management Authority Act 2014; (c) appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016; authority includes consent, approval, endorsement, licence, permit or registration; S. 3(1) def. of Central Plan Office inserted by No. 82/2009 s. 37, amended by No. 24/2014 s. 77(3)(a), substituted by No. 51/2016 s. 3(1)(a), repealed by No. 53/2017 s. 3. * * * * * S. 3(1) def. of chief administrator substituted by No. 48/1993 s. 10(1)(a), amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 76/1998 s. 3(1)(a)(i). * * * * *
(b) as existing at the time when the regulation is made or at any time before then; or (c) as amended from time to time in accordance with this Act. Ss 41–55 repealed by No. 48/2004 s. 128. * * * * * S. 56 amended by No. 72/2001 s. 3(Sch. item 3.2) (ILA s. 39B(1)). 56 Definitions (1) In this Part— S. 56(1) def. of Commission substituted as Authority by No. 67/2013 s. 649(Sch. 9 item 4(1)) (as amended by No. 44/2014 s. 24(40)). Authority means the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013; conservation work means the carrying out of any work approved by the Secretary as "conservation work"; S. 56(1) def. of conservation worker amended by No. 76/1998 s. 3(1)(n). conservation worker means a person who— (a) in an unpaid capacity or as a volunteer engages in conservation work with the written approval of the Secretary; or (b) in an unpaid capacity or as a volunteer engages in conservation work and is a member of an organization approved by the Secretary;
(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; S. 70(1)(ma) inserted by No. 96/1994 s. 49(2)(b), amended by No. 38/1995 s. 20(b). (ma) providing that in the case of an agreement with the Trust for Nature (Victoria), the land to which the agreement applies is to be managed as if it were Crown land, and for the application to that land of any Act, subordinate instrument or other law relating to Crown land; (n) providing for any other matter (whether like or unlike any of the foregoing) relating to the management, use, development, preservation or conservation of the land or that are necessary to be provided for to give effect to the objects or purposes of a relevant law. S. 70(2) inserted by No. 96/1994 s. 49(2)(c), amended by No. 38/1995 s. 20(c). (2) An agreement entered into with the Trust for Nature (Victoria) under section 69(1) does not authorise the doing of anything which would not be consistent with any trust, condition, covenant or other restriction relating to the use of that land. 71 Form and operation of agreement (1) An agreement entered into under this Part— S. 71(1)(a) amended by No. 76/1998 s. 3(1)(t). (a) must be under the seal of the Secretary; and S. 71(1)(b) amended by No. 76/1998 s. 3(1)(t). (b) is binding on, and enforceable by or against the land owner and the Secretary; and
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. 74 amended by No. 76/1998 s. 3(1)(t). 74 Public access to certain land For the purposes of Part IIA of the Wrongs Act 1958 the Secretary is to be treated as the occupier of land to which an agreement relates and to which, under that agreement, the public have access, unless the agreement otherwise provides. 75 Rate relief (1) If under an agreement a land owner is required to preserve land in its natural present state and in the Minister's opinion it is not economically feasible to do so unless rate relief in respect to the land is provided, the Minister may recommend to a rating authority that the whole or part of the rates payable in respect to the land be remitted. (2) On receiving a recommendation in accordance with subsection (1) the rating authority may remit the rates in accordance with the recommendation. S. 75(3) amended by No. 31/1994 s. 3(Sch. 1 item 12.2). (3) The Minister may if the Minister thinks fit reimburse (out of moneys available for the purpose) the whole or part of the amount of the rates remitted to the rating authority which under this section remitted the rate. 76 Variation or termination of agreements (1) An agreement may be varied or terminated— S. 76(1)(a) amended by No. 76/1998 s. 3(1)(t). (a) by agreement between the Secretary and the land owner; or (b) in the manner or in the circumstances provided for in the agreement; or (c) by order of the Minister; or S. 76(1)(d) amended by No. 52/1998 s. 311(Sch. 1 item 15.1(a)). (d) by order of the Victorian Civil and Administrative Tribunal; or
land in relation to which the Board is appointed under this Part; S. 82A def. of declared area inserted by No. 17/2018 s. 8. declared area has the same meaning as in the Planning and Environment Act 1987; S. 82A def. of joint management plan inserted by No. 62/2010 s. 96(e). joint management plan, in relation to appointed land, means a management plan for that land that has come into effect under section 82PI, whether or not varied under section 82PJ; S. 82A def. of public land substituted by No. 62/2010 s. 96(b). public land means the following— (a) land under the (Reserves) Act 1978, other than land under the Alpine Resorts Act 1983; (b) land in any park within the meaning of the National Parks Act 1975; (c) reserved forest within the meaning of the Forests Act 1958; (d) unreserved Crown land under the Land Act 1958; (e) land in any Nature Reserve or State Wildlife Reserve, within the meaning of the Wildlife Act 1975, other than land in a State Game Reserve (within the meaning of that Act); S. 82A def. of recognition and settlement agreement inserted by No. 62/2010 s. 96(e). recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
S. 83(1) amended by Nos 90/1989 s. 4(a), 76/1998 s. 3(1)(v). (1) The Secretary may appoint as authorised officers— S. 83(1)(a) amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 3(1)(v). (a) any specified employee or a specified class of employees employed by the Secretary, or in the Department or in the Public Service or (with the consent of the Minister administering that Department) in any Department of the Government of the Commonwealth, a State or a Territory; or S. 83(1)(aa) inserted by No. 61/1993 s. 36(d). (aa) a specified member of staff or specified class of members of staff of the Victorian Plantations Corporation; or S. 83(1)(ab) inserted by No. 38/1995 s. 12(b). (ab) for the purposes of this Part, a specified member of staff or specified class of members of staff of the Royal Botanic Gardens Board; or S. 83(1)(ab) inserted by No. 106/1995 s. 51(a), substituted 83(1)(ac) by No. 48/2004 s. 129. (ac) for the purposes of this Part, a specified member of staff or a specified class of members of staff of the and Gardens Board; or S. 83(1)(ad) inserted by No. 48/2004 s. 129. (ad) a specified member of staff or a specified class of members of staff of VicForests; or (b) any specified person or any specified class of persons. S. 83(2) substituted by No. 90/1989 s. 4(b). (2) An authorised officer may be appointed under subsection (1)—
(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 reason to believe that the person has committed a prescribed offence against a relevant law. S. 91(2) substituted by No. 32/2006 s. 94(Sch. item 7(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 91(3) amended by No. 69/2004 s. 57(1). (3) The penalty for the purposes of this section for a prescribed offence is the amount, not exceeding 10 penalty units, prescribed for that offence. S. 91(4) amended by No. 76/1998 s. 3(1)(x). (4) If a prescribed offence relates to the taking or destruction of forest produce and the infringement notice includes a copy of a certificate under the seal of the Secretary as to the amount (being an amount not exceeding the prescribed amount) which would have been payable if the forest
Royal Botanic Gardens and Victorian Conservation Trust (Amendment) Act 1995, No. 38/1995 Assent Date: 6.6.95 Commencement Date: 6.6.95 : All of Act in operation National Parks ( and Other Amendments) Act 1995, No. 57/1995 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
Water (Governance) Act 2006, No. 85/2006 Assent Date: 17.10.06 Commencement Date: S. 160 on 21.12.06: Government Gazette 21.12.06 p. 2768 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 8) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009 Assent Date: 10.2.09 Commencement Date: S. 37(Sch. 1 item 6) on 1.12.09: s. 2(2) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: S. 47 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Acts Amendment (Lease and Licence Terms) Act 2009, No. 40/2009 Assent Date: 5.8.09 Commencement Date: Ss 50, 51 on 6.8.09: s. 2(1) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 24) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009 Assent Date: 8.12.09 Commencement Date: Ss 37–39 on 1.1.10: Government Gazette 17.12.09 p. 3338 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987
(b) the Secretary must consider each relevant submission received in consultation with Parks Victoria.". 70 Agreement to management plan After section 82PG(1) of the Conservation, Forests and Lands Act 1987 insert— "(1A) If a management plan applies to Parks Victoria managed land, the Secretary must not agree to the plan unless the Secretary has consulted with Parks Victoria about the plan to the extent that it applies to Parks Victoria managed land.". 71 Approval of plan by Minister After section 82PH(1) of the Conservation, Forests and Lands Act 1987 insert— "(1A) If a management plan referred to in subsection (1)(b) or (c) applies to Parks Victoria managed land, the Secretary must not submit that plan to the Minister for approval unless the Secretary has consulted with Parks Victoria about the plan to the extent that it applies to Parks Victoria managed land.". 72 Effect of plan After section 82PI(2) of the Conservation, Forests and Lands Act 1987 insert— "(3) If a management plan applies to Parks Victoria managed land, before responding to the Minister on the proposed revocation of the plan under subsection (2)(b), the Secretary must consult with Parks Victoria