mineral spring means any place where mineral water issues naturally or is extracted from an aquifer; mineral springs reserve means— (a) any Crown land reserved pursuant to section 4 or any corresponding previous enactment for the purpose of mineral springs; or (b) any Crown land reserved either temporarily or permanently pursuant to section 4 or any corresponding previous enactment for any purpose on which there is a mineral spring; S. 3 def. of responsible Minister inserted by No. 40/2009 s. 3(1). s. 3 responsible Minister means— (a) the Minister administering this Act; or (b) if powers under this Act have been conferred on another Minister by Order under section 17AB, that Minister; S. 3 def. of Secretary inserted by No. 76/1998 s. 6(a)(ii). Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; 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S. 10(2) amended by No. 10087 s. 3(1)(Sch. 1 item 31), repealed by No. 96/1994 s. 46(b).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 s. 11 (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 (c) the bed or channel as so altered and any Crown land on either side thereof are permanently reserved by Order in Council under this Act— the Governor in Council may by the Order referred to in paragraph (c) or any subsequent Order revoke or amend the first-mentioned Order in whole or in part so far as the same is no longer applicable to the altered circumstances. S. 11(2) amended by Nos 46/1998 s. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 11.2). (2) Where any land is permanently reserved for the purposes of the Education and Training Reform Act 2006 or any corresponding previous enactment and the Minister administering the Education and Training Reform Act 2006 certifies in writing that such land or any part thereof is no longer required for such purposes the Governor in Council by Order published in the Government Gazette may revoke such reservation as to the whole or any part of such land.
S. 11B inserted by No. 62/2010 s. 110. 11B Parliamentary scrutiny of Order in Council s. 11B (1) Any Order in Council under section 11A(2) may be disallowed by resolution of either House of Parliament. (2) Sections 15, 22, 23 and 24 of the Subordinate Legislation Act 1994 apply to an Order in Council and resolution referred to in subsection (1) as if— (a) the Order were a statutory rule within the meaning of that Act, notice of which had been published in the Government Gazette on the day on which the Order was made; and (b) in section 23(2)(a) of that Act, for "18th" were substituted "5th"; and (c) in section 23(2)(b) of that Act, for "12th" were substituted "10th"; and (d) disallowance by either House of Parliament were disallowance by Parliament. (3) Despite anything to the contrary in any other Act, an Order referred to in subsection (1) comes into force, if it is not disallowed by either House of Parliament, on the day after the last day on which it could have been so disallowed. _______________ No. 6284 s. 219. 12 Vesting of land on appointment of new trustees s. 12 (1) Where any Crown land has been permanently reserved and granted to trustees or granted to the Minister and trustees jointly under any Act an Order in Council deed or document appointing a new trustee or new trustees of such land shall by
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; S. 14(4)(f) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 27). (f) a company within the meaning of the Corporations Act that— (i) is taken to be registered in ; and (ii) is registered under section 150, or has a licence in force under section 151, of that Act; (g) any combination of such persons and bodies. (5) The Governor in Council or the Minister (as the case may be) may if he thinks fit appoint as chairman of a committee of management (not being a body corporate) appointed under subsection (1) or (2) any member of that committee for the time being in office. s. 14
S. 15(8)(b) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i)(ii). (b) shall furnish annually to the Secretary, unless otherwise directed by the Secretary, a statement of its receipts and expenditure and of the balance in hand; S. 15(8)(c) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i). (c) shall if requested by the Secretary furnish particulars of any or all of its receipts and expenditure; s. 15 S. 15(8)(d) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i). (d) shall keep such accounting and other records as may be required by the Secretary to sufficiently explain the transactions and financial position of the committee; and S. 15(8)(e) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i). (e) shall cause to be made up in each year proper accounts of the committee for the year ending on the day immediately preceding the anniversary of the appointment of the committee or any other day as may be required by the Secretary. S. 15(8A) inserted by No. 9551 s. 5. (8A) Subject to subsection (8B), the provisions of subsection (8) shall not apply to a committee of management consisting of— (a) the corporation of any shire borough town or city constituted under the Local Government Act 1958 or any other Act relating to local government; S. 15(8A)(b) substituted by Nos 121/1994 s. 207(2), 17/2012 s. 84(2). (b) a metropolitan water corporation within the meaning of the Water Act 1989;
S. 18(2) amended by Nos 41/1987 s. 103(Sch. 4 item 9.12), 76/1998 s. 6(h), 50/2002 s. 17(2), 60/2005 s. 32(2). (2) Where any land is placed under the control and management of an authority or the Secretary pursuant to subsection (1), (1A) or (1B) the provision of sections 13, 14, 15, 16 and 17 shall not apply. S. 18(3) amended by No. 41/1987 s. 103(Sch. 4 items 9.15, 9.16). (3) In subsection (1) responsible Minister means— s. 18 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. 21K inserted by No. 46/2012 s. 16. 21K Definitions s. 21K In this Part— nominating person means a person who— (a) in accordance with section 21M nominates another person to cut and take away fallen or felled trees; or (b) in accordance with section 57R of the Forests Act 1958 nominates another person to cut and take away fallen or felled trees; nominee means a person nominated— (a) in accordance with section 21M to cut and take away fallen or felled trees on behalf of the nominating person; or (b) in accordance with section 57R of the Forests Act 1958 to cut and take away fallen or felled trees on behalf of the nominating person. S. 21L inserted by No. 46/2012 s. 16. 21L Offence to cut or take away fallen or felled trees outside firewood collection area and season (1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees from land reserved under this Act. Penalty: 20 penalty units. (2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees from land reserved under this Act. Penalty: 50 penalty units or imprisonment for 1 year or both.
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 s. 51 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
commencement of the Land Act 1928—" and ending "—for any of the purposes aforesaid". Sections 14, 15, 16, 18, 19, 20, 21, 22, 22B, 22F, 22G, 201, 218, 219, 220, 221, 222, 222A, 222B, 222C, 223, 224, 224A, 226 and 227. The whole. _______________ Sch. 2 amended by Nos 9424 s. 3(2), 9427 s. 6(1)(Sch. 5 items 46, 47), repealed by No. 9863 s. 2, new Sch. 2 inserted by No. 90/2009 s. 21, amended by No. 35/2010 ss 16, 17. SECOND SCHEDULE Sch. 2 PART 1 Definition In this Schedule— 2009 East Gippsland Act means the Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009; 2010 Act means the Parks and Legislation () Act 2010; relevant reserve commencement, in relation to an area of land described in the Fifth Schedule, the description of which is inserted or amended by a provision of the 2009 East Gippsland Act, means the commencement of the provision of the 2009 East Gippsland Act that so inserts or amends the description. PART 2—2009 ACT 2 Savings of licences and other authorities Despite anything to the contrary in this Act, any licence, permit or other authority over any part of the land described in—
Sch. 5 Pt 1 Div. 12 inserted by No. 57/2006 s. 26(1). Division 12—Coradjil Nature Conservation Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./06–061. Sch. 5 Pt 1 Div. 13 inserted by No. 57/2006 s. 26(1). Division 13—Jancourt Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./06–062. 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 1 Div. 21 inserted by No. 90/2009 s. 22. Division 21—Martins Creek Nature Conservation Reserve Sch. 5 The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-380. Sch. 5 Pt 1 Div. 22 inserted by No. 90/2009 s. 22. Division 22— Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09381. Sch. 5 Pt 1 Div. 23 inserted by No. 90/2009 s. 22. Division 23—Thirty-two Mile Nature Conservation Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-382. Sch. 5 Pt 1 Div. 24 inserted by No. 90/2009 s. 22. Division 24— South Nature Conservation Reserve The land delineated and coloured pink on the plan lodged in the Central Plan Office and numbered LEGL./09-383. Sch. 5 Pt 1 Div. 25 inserted by No. 90/2009 s. 22. Division 25— West Nature Conservation Reserve The land delineated and coloured pink or coloured yellow on the plan lodged in the Central Plan Office and numbered LEGL./09384.
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). 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.
Assent Date: 5.12.89 Commencement Date: 1.11.90: Government Gazette 15.8.90 p. 2473 : All of Act in operation Endnotes Mineral Resources Development Act 1990, No. 92/1990 Assent Date: 18.12.90 Commencement Date: S. 128(Sch. 1 item 4) on 6.11.91: Government Gazette 30.10.91 p. 2970 : This information relates only to the provision/s amending the (Reserves) Act 1978 Land (Crown Grants and Reserves) Act 1993, No. 5/1993 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