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Parks and Crown Land Legislation
Amendment Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purposes of the Bill. The Bill principally amends
10 Acts in relation to a range of matters relating to parks and
Crown land and makes consequential amendments to various
Acts in relation to the term "Central Plan Office".
In summary, the Bill will--
• add the Anglesea Heath to the Great Otway National
Park, make alterations to several other existing parks
and amend the names of 2 parks;
• streamline various administrative processes in
several Acts so that they are more efficient and
"fit for purpose";
• modernise the governance arrangements applying to
several government boards and advisory bodies in the
Crown land portfolio; and
• make other improvements and amendments.
In more detail, the purposes of the Bill are--
• to amend the National Parks Act 1975 (NP Act)
and the Crown Land (Reserves) Act 1978 (CLR Act)
to provide for the addition of the Anglesea Heath to the
Great Otway National Park and to make additions,
excisions and corrections to other parks and reserves,
and to amend the names of 2 parks;
581248 1 BILL LA INTRODUCTION 6/6/2017
• to amend the Conservation, Forests and Lands
Act 1987 (CFL Act) to provide for a more efficient
approach to making, varying and revoking Codes of
Practice under that Act;
• to amend the Environment Protection Act 1970 to
simplify the process for appointing litter enforcement
officers for Crown land;
• to amend the Interpretation of Legislation Act 1984 to
include a definition of Central Plan Office so this term
has the same meaning across all Acts and subordinate
instruments and to make consequential amendments to
the Acts which use the term;
• to amend the Royal Botanic Gardens Act 1991
(RBG Act) and the Zoological Parks and Gardens
Act 1995 (Zoos Act) to simplify corporate planning
and business planning reporting requirements for the
Royal Botanic Gardens Board (RBG Board) and the
Zoological Parks and Gardens Board (Zoos Board);
• to amend the NP Act, the RBG Act and the Zoos
Act to remove the requirement for a government
representative to sit on the National Parks Advisory
Council, the RBG Board and the Zoos Board;
• to amend the NP Act and the Reference Areas
Act 1978 to confer on the Minister power to fix
in writing sitting fees and allowances for the National
Parks Advisory Council, park advisory committees and
the Reference Areas Advisory Committee;
• to amend the Victorian Environmental Assessment
Council Act 2001 (VEAC Act) and the Zoos Act
to remove the prohibition on public sector employees
receiving any payments for their services on the
Victorian Environmental Assessment Council (VEAC)
and the Zoos Board;
• to amend the RBG Act and the Zoos Act to provide for
the RBG Board and the Zoos Board to be responsible
for the appointment and remuneration of their chief
executive officers;
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• to amend the RBG Act to expand the functions of the
RBG Board in relation to plant sales;
• to amend the RBG Act and the Zoos Act to confer on
the Minister power to approve a lease or licence
proposed to be granted by the RBG Board or the Zoos
Board; and
• to make other minor and technical amendments to
various Acts.
Clause 2 provides that the Bill comes into operation on a day or days to be
proclaimed. If not proclaimed to commence earlier, it will come
into operation on 1 May 2018.
Part 2--Amendment of the Conservation,
Forests and Lands Act 1987
Part 2 of the Bill contains clauses 3 to 8, which amend the CFL Act in
relation to the Central Plan Office and the making of a Code of Practice
(Code).
The CFL Act sets out a process for making, varying or revoking a Code
which includes consultation, tabling in Parliament and possible disallowance.
Codes prepared under the CFL Act are prescribed as legislative instruments
under the Subordinate Legislation Act 1994 (SL Act) and are therefore
also subject to the consultation, tabling and disallowance requirements of that
Act. To a large extent the processes under the 2 Acts duplicate each other.
Part 2 of the Bill aims to streamline the process and remove unnecessary
duplication. Although Codes are currently prescribed to be legislative
instruments, the amendments provide for any future circumstance where
this may not be the case.
Clause 3 repeals the definition of Central Plan Office in section 3(1) of
the CFL Act. The definition of that term will now be found in
the Interpretation of Legislation Act (see clause 14).
Clause 4 amends section 33 of the CFL Act. Section 33 provides for
giving notice of any draft Code or proposed variation or
revocation of a Code.
Subclause (1) amends section 33(1) so its operation is qualified
by subsection (1A).
Subclause (2) inserts new subsection (1A) which provides
that the requirement for the Minister to give notice under
section 33(1) is not mandatory when the Minister is satisfied
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that the draft Code or proposed variation is of a fundamentally
declaratory or machinery nature. This reflects the SL Act where
a regulatory impact statement is not required if the Minister
considers that the instrument is of a fundamentally declaratory
or machinery nature and issues an exemption certificate.
Subclause (3) amends section 33(3)(b) by substituting not less
than 28 days for 60 days as the period for making submissions
on a draft Code or a proposed variation or revocation of a Code.
The new minimum reflects the minimum period specified in the
SL Act for submissions on a regulatory impact statement.
Clause 5 repeals sections 35 and 36 of the CFL Act.
Section 35 requires the Minister to table a draft Code or any
variation or revocation of a Code in each House of the Parliament
for 14 sitting days before the Code, variation or revocation is
made and provides for the draft Code or proposed variation or
revocation to be disallowed. If not disallowed, the instrument,
once made, is subject to a second round of tabling and possible
disallowance under the SL Act.
The repeal of section 35 will mean that a Code, variation or
revocation will be subject to Parliamentary scrutiny only once
(after being made) and in accordance with the requirements of
new section 37A and the SL Act (see clause 7).
Section 36 requires the Minister to cause a copy of any matter
which a Code applies, adopts or incorporates to be tabled in
each House of the Parliament. This requirement duplicates the
requirements of section 32 of the Interpretation of Legislation
Act and can therefore be repealed.
Clause 6 substitutes section 37 of the CFL Act.
Existing section 37 sets out the requirements relating to the
making and publication of a Code.
New section 37(1) provides that the Minister may make a Code
or a variation to a Code or may revoke a Code after considering
any submissions made in relation to a draft Code or a proposed
variation or revocation of a Code.
New section 37(2) provides that the Code or variation must be
published in the Government Gazette, subject to subsection (3).
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New section 37(3) provides that a notice of the making of a Code
or a variation to a Code may be published in the Government
Gazette if the Code or variation is unsuitable to be published in
full in the Gazette.
New section 37(4) provides that an instrument of revocation of a
Code must be published in the Government Gazette.
New section 37(5) provides for when a Code, variation or
revocation takes effect.
If a Code, variation or revocation is a legislative instrument,
the publication requirements of new section 37 will meet the
publication requirements of the SL Act for legislative instruments
(see section 16D of the SL Act).
Clause 7 inserts new section 37A into the CFL Act to provide for the
tabling and possible disallowance of a Code, variation or
instrument of revocation.
New section 37A(1) provides for the tabling of a Code,
variation or revocation in each House of the Parliament. If a
Code, variation or revocation is a legislative instrument, the
tabling requirements of new section 37A(1) will meet the
requirements of the SL Act (see section 16E of the SL Act).
New section 37A(2) provides for the disallowance of a Code,
variation or revocation whether or not the Code, variation or
revocation is a legislative instrument.
New section 37A(3) provides that the following provisions
of the SL Act apply to a Code, variation or revocation,
regardless of whether it is a legislative instrument--section 25C
(which provides for the disallowance of a legislative instrument),
section 26D (which sets out the effect of the disallowance)
and section 26E (which requires publication of a notice of
disallowance).
Clause 8 substitutes section 38 of the CFL Act.
Existing section 38 requires a Code and any documents
incorporated in a Code to be kept available for public inspection
at the principal office and main regional offices of the
Department of Environment, Land, Water and Planning.
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New section 38 retains this requirement but also requires
the Code and documents to be published on the department's
Internet site.
Part 3--Amendment of the Crown Land (Reserves) Act 1978
Part 3 of the Bill contains clauses 9 to 12, which amend the CLR Act in
relation to the Central Plan Office and alterations to 3 parks.
Clause 9 repeals the definition of Central Plan Office in section 3 of the
CLR Act. The definition of that term will now be found in the
Interpretation of Legislation Act (see clause 14).
Clause 10 amends the description of Castlemaine Diggings National
Heritage Park in Division 1 of Part 2 of the Fifth Schedule to the
CLR Act to reflect the addition to the park of 1*66 hectares of
purchased land at the Monster Meeting site. The park is reserved
under the CLR Act but managed under specified provisions of
the NP Act (see also clause 40). The total area of the reserve has
been recalculated and rounded up.
Clause 11 amends Division 6 of Part 4A of the Fifth Schedule to the
CLR Act to amend the name of Canadian Regional Park in
the Act to Woowookarung Regional Park.
Subclause (1) substitutes the new name of the park in the heading
to Division 6.
Subclause (2) amends the description of the park in Division 6 to
reflect a new plan of the park showing the amended park name.
Clause 12 amends the description of the Otway Forest Park in Division 1 of
Part 7 of the Fifth Schedule to the CLR Act to reflect the excision
of 52 hectares from the park. This land is contiguous with part of
the former Alcoa lease area and will be added to the Great Otway
National Park (see clause 35).
Part 4--Amendment of the Environment Protection Act 1970
Clause 13 amends section 4(1) of the Environment Protection Act 1970
in relation to litter authorities and the appointment of litter
enforcement officers.
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Subclause (1) amends the definition of litter authority by
inserting a reference to the Secretary to the Department of
Environment, Land, Water and Planning (DELWP) (Secretary),
the body corporate established by Part 2 of the CFL Act.
Subclause (2) amends the definition of litter enforcement
officer by inserting a reference to a person appointed as a litter
enforcement officer by the Secretary in respect of any land
managed under a relevant law within the meaning of the CFL
Act (e.g. the NP Act).
Part 5--Amendment of the Interpretation of Legislation Act 1984
Clause 14 inserts a definition of Central Plan Office into section 38 of
the Interpretation of Legislation Act 1984. This will define
the office by reference to section 4 of the Survey Co-ordination
Act 1958.
The definition will apply wherever the term is used in another
Act or subordinate instrument. Clauses 3, 9, 17 and 18 and
Part 12 of the Bill make consequential amendments to several
Acts where the term is used.
Part 6--Amendment of the Mineral Resources
(Sustainable Development) Act 1990
Part 6 of the Bill contains clauses 15 to 17, which amend the Mineral
Resources (Sustainable Development) Act 1990 (MRSD Act) in relation
to the Anglesea Heath and the Central Plan Office.
Clause 15 inserts new section 5ABA into the MRSD Act. New section
5ABA is intended to remove any doubt that the leased area
defined in "The Agreement" set out in the Mines (Aluminium
Agreement) Act 1961 (1961 Act), by reference to land shown
on a plan, does not include any land over which Alcoa has
surrendered its rights under clause 10(8) of that Agreement.
The Agreement (as amended in 2011) is set out in the Schedule
to Schedule 2 to the 1961 Act.
Clause 16 amends section 6(3) of the MRSD Act by substituting a reference
to one of the plans which defines Greater Bendigo National Park
(see clause 36).
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Clause 17 amends clause 6 of Schedule 3 to the MRSD Act by omitting
outdated and superfluous words describing the former department
in which the Central Plan Office was situated.
Part 7--Amendment of the National Parks Act 1975
Part 7 of the Bill contains clauses 18 to 40, which amend the NP Act in
relation to the Central Plan Office, the membership of the National Parks
Advisory Council (NPAC), the payment of fees and allowances to the NPAC
and advisory committees, the preparation of reports and alterations to several
parks.
Clause 18 repeals the definition of Central Plan Office in section 3(1) of
the NP Act. The definition of that term will now be found in the
Interpretation of Legislation Act (see clause 14).
Clause 19 substitutes section 10(1) of the NP Act in relation to the
composition of the NPAC. This will result in the Secretary
or its nominee and the Director of National Parks (Director)
(who is the chief executive officer of Parks Victoria) no longer
being members of the NPAC and the number of members being
reduced from 10 to 8. The criteria for membership of the NPAC
are otherwise unchanged.
Clause 20 substitutes section 13(4) and repeals section 13(5A) of the
NP Act, which apply to members of the NPAC.
Subclause (1) substitutes section 13(4). Existing section 13(4)
provides for the fixing of fees and the prescribing of allowances
for members of the NPAC.
New section 13(4) will enable the Minister to fix fees and
allowances from time to time in writing rather than them being
fixed by the Governor in Council (fees) or being prescribed by
regulation (allowances). The fixing of fees and allowances will
be guided by the government's guidelines existing from time to
time (currently these are the Appointment and remuneration
guidelines published by the Department of Premier and Cabinet).
Subclause (2) repeals section 13(5A). Section 13(5A) provides
that subsections (1) to (5)--which relate to the term, removal and
resignation of members of the NPAC, the payment of fees and
allowances, and the appointment of a convenor--do not apply to
the Secretary or the Director. The subsection is redundant when
the Secretary and the Director are no longer members of the
NPAC (see clause 19).
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Clause 21 substitutes section 14(5) of the NP Act in relation to advisory
committees appointed in respect of a park or parks so that
travelling and other allowances will be fixed in writing by the
Minister from time to time rather than being prescribed by
regulation (travelling allowances). The fixing of allowances
will be guided by the government's guidelines existing from
time to time (currently these are the Appointment and
Remuneration Guidelines published by the Department of
Premier and Cabinet).
Clause 22 repeals sections 17(2A) and (2B) of the NP Act.
Section 17(2A) requires a report to be prepared for each national
or State park created after 30 October 2002 setting out the
information specified in section 17(2B), and the report to be laid
before each House of the Parliament within 12 months of the
creation of the park.
Section 17(2B) sets out what is to be included in the report
referred to in section 17(2A).
This reporting requirement will be replaced by a requirement
to include a summary of the actions taken to establish any new
national or State park in the 12 months following the creation
of the park in the annual report that is prepared each year on
the working of the NP Act and which must be laid before both
Houses of the Parliament (see clause 26).
Clause 23 amends section 19F(3) of the NP Act, which relates to the
application of provisions of that Act or regulations under the
Act to any land which is included in Schedule Four to the Act.
Subsection (1) amends section 19F(3)(a) to provide that the
provisions of the Act or regulations under the Act do not apply
to the land included in Schedule Four except as specifically
provided in Schedule Four or elsewhere in the Act.
Subsection (2) amends section 19F(3)(b) to provide that the
provisions which are specified in Schedule Four or elsewhere
in the Act apply to the land as though it were a park.
Clause 24 amends section 30I(4)(c) of the NP Act by inserting a reference
to Nooramunga Marine and Coastal Park in the list of parks for
which the Minister may grant a reasonable right of access to a
person whose land abuts or is surrounded by the park to enable
that person to use their land.
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Clause 25 inserts section 32S of the NP Act to enable the Secretary to
authorise Alcoa of Australia in writing to carry out works
on land which is part of the additions to the Great Otway
National Park (see clause 35) and which are associated with the
rehabilitation of the Anglesea coal mine and associated works.
Most of this area is part of the land over which Alcoa previously
held rights under the Mines (Aluminium Agreement) Act 1961.
Clause 26 amends section 35 of the NP Act by inserting new
subsection (1A) in relation to the contents of the annual
report prepared each year on the working of the NP Act.
New subsection (1A) requires the annual report to include a
summary of the actions taken in the 12 months after the creation
of a new national or State park (see also clause 22).
Clause 27 amends section 40(1C) of the NP Act by substituting a reference
to one of the plans which defines Greater Bendigo National Park
(see clause 36).
Clause 28 amends section 48(1) of the NP Act by removing references to
travelling and other allowances to be paid to members of the
NPAC or a park advisory committee from those matters for
which regulations may be made. These amendments are a
consequence of the amendments in clauses 20 and 21.
Clause 29 repeals section 50L of the NP Act. Section 50L is a transitional
provision associated with the creation of Greater Bendigo
National Park in 2002.
Clause 30 inserts new section 79 into the NP Act. New section 79 provides
that if any rights over the land shown delineated and coloured
blue (88 ha) on the plan of part of the Great Otway National Park
is not surrendered to the Crown before the description of the park
is amended by Part 7 of the Bill, that land is to be taken to be
excluded from the park until those rights are surrendered.
Clause 31 inserts new clause 12 into Schedule One A (Native Title not
affected) to the NP Act. New clause 12 provides that the
amendments made to the NP Act by the Bill are not intended to
affect native title rights and interests other than where they are
affected or are authorised to be affected by or under the Native
Title Act 1993 of the Commonwealth.
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Clause 32 substitutes Part 7 of Schedule One AA (Transitional Provisions)
to the NP Act.
Existing Part 7 contains clause 26 of Schedule One AA relating
to the closure of sections of a government road which were
included in Greater Bendigo National Park on 7 September 2016.
The provision is spent.
New Part 7 contains clauses 27 to 30, which are transitional
provisions associated with changes to the membership of the
NPAC and amendments to the Great Otway and Greater Bendigo
national parks.
New clause 27 inserts a definition of 2017 Act, 2017 Act park
commencement and commencement day for the purposes of
new Part 7.
New clause 28 is a consequence of the amendment to
section 10(1) of the NP Act (see clause 19 of the Bill) which
removes the Secretary and Director from the membership of
the NPAC. Clause 28 provides that the NPAC established
immediately before the composition of the NPAC is altered is
taken to be the NPAC established under the NP Act, and the
members of the NPAC whose appointments were in effect
immediately before that alteration continue to be members.
This does not apply to the Secretary and Director, who are
not appointees and whose membership is mandatory.
New clause 29 provides that the land coloured yellow or
brown on the specified plan of the Great Otway National Park
ceases to be a road when the description of the park is altered
(see clause 35 of the Bill). The land coloured yellow will be
included in the national park and the land coloured brown will
remain unreserved Crown land.
New clause 30 provides that the land coloured yellow on the
specified plan of the Greater Bendigo National Park ceases to be
a road when the description of the park is altered (see clause 36
of the Bill).
Clause 33 amends Part 18 of Schedule Two (National parks) to the NP Act
to amend the name of Mount Eccles National Park to Budj Bim
National Park in the Act.
Subclause (1) substitutes the new name of the park in the heading
to Part 18.
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Subclause (2) amends the description of the park in Part 18 to
reflect a new plan of the park showing the amended park name.
Clause 34 amends the description of Croajingolong National Park in Part 28
of Schedule Two (National parks) to the NP Act to reflect the
addition of 27 hectares to the park. The total park area has been
rounded down.
Clause 35 amends the description of Great Otway National Park in
Part 31 of Schedule Two (National parks) to the NP Act to
reflect the addition of approximately 6420 hectares to the
park (this includes the land referred to in new section 79--
see clause 30). The additions mostly comprise land at the
Anglesea Heath over which Alcoa has relinquished its rights
under the Mines (Aluminium Agreement) Act 1961. It also
includes an adjoining section of the Otway Forest Park (52 ha)
(see clause 12) and other small areas of contiguous Crown land.
The total area of the park has been re-calculated.
Clause 36 amends the description of Greater Bendigo National Park in
Part 41 of Schedule Two (National parks) to the NP Act to
reflect minor amendments to the park boundary. These are
the addition of a section of largely vegetated government road
(0*36 ha) which will be closed (see clause 32) and the excision
of part of a cleared powerline easement (0*14 ha) (which will
become a government road). There will be a net addition to the
park of 0*22 hectares.
Clause 37 amends the description of Lower Goulburn National Park in
Part 48 of Schedule Two (National parks) to the NP Act to
reflect a correction to the plan of the park.
Clause 38 amends the description of Warrandyte State Park in Part 31 of
Schedule Two B (State parks) to the NP Act to reflect minor
adjustments to the park boundary. These are the addition of
0*03 hectares in the vicinity of the Warrandyte Bridge and
the excision of 0*02 hectares in the same location to reflect a
surveyed road. There is also a correction to the plan in the
Mount Lofty section of the park which results in a reduction in
the area of the park by 4*1 hectares. The total area of the park
has been recalculated.
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Clause 39 amends the description of Nooramunga Marine and Coastal Park
in Part 5 of Schedule Four to the NP Act by inserting additional
provisions of the Act which are to apply to that park (see also the
explanation to clause 24).
Clause 40 amends the description of Castlemaine Diggings National
Heritage Park in Part 8 of Schedule Four to the NP Act.
Subclause (1) inserts references to additional provisions of the
Act which are to apply to the park.
Subclause (2) amends the description of the land in Part 8 as a
result of the addition of 1*66 hectares to the park (see clause 10).
The park is reserved under the CLR Act but managed under
specified provisions of the NP Act. The total area of the park has
been recalculated and rounded up.
Part 8--Amendment of the Reference Areas Act 1978
Clause 41 substitutes section 5(10) in the Reference Areas Act 1978 to
enable a member of the Reference Areas Advisory Committee,
or a person who is co-opted to assist a sub-committee, to be paid
such fees, travelling and other allowances as the Minister fixes in
writing (instead of being prescribed in regulations (fees and
travelling allowances)). The fixing of fees and allowances will
be guided by the government's guidelines existing from time to
time (currently the Appointment and Remuneration Guidelines
published by the Department of Premier and Cabinet).
Part 9--Amendment of the Royal Botanic Gardens Act 1991
Part 9 of the Bill contains clauses 42 to 54, which amend the RBG Act in
relation to the preparation of corporate planning documents, the selling of
plants, the granting of leases and licences, the appointment of the Director,
RBG (Director), the composition of the RBG Board and the repeal of spent
provisions.
Clause 42 inserts a definition of corporate planning document in
section 3(1) of the RBG Act. A corporate planning document
is a statement of corporate intent, a corporate plan or a business
plan (see also clause 46).
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Clause 43 amends section 14(m) of the RBG Act. Existing section 14(m)
enables the RBG Board to sell or dispose of plants but--subject
to section 24A (which enables a lease to be granted for the
purpose of the carrying on the business of a plant nursery)--not
to carry on a business of selling plants. The amendment will
remove the restriction on the RBG Board carrying on a business
of selling plants (such as at its shops at the gardens at South
Yarra and Cranbourne).
Clause 44 amends section 24(2) of the RBG Act by substituting the
Minister for the Governor in Council as the person who must
approve the RBG Board granting a lease for up to 21 years
(subclause (1)) or a licence for more than 12 months and up to
10 years (subclause (2)). The clause also amends a typographical
error in section 24(2)(a) of the Act.
Clause 45 repeals section 24A of the RBG Act. Section 24A enables
the RBG Board to grant a lease over any part of the RBG,
Cranbourne of up to 10 hectares for the purposes of carrying on
the business of a plant nursery. The section was inserted prior to
the RBG, Cranbourne being developed and is no longer required.
There is no land available for a nursery and no such arrangement
has ever been entered into.
Clause 46 substitutes section 35 of the RBG Act.
Existing section 35 sets out the requirements relating to the
preparation or modification of a corporate plan of the RBG
Board.
New section 35(1) provides that the Minister may request the
RBG Board to prepare a corporate planning document.
New section 35(2) requires the RBG Board to prepare a corporate
planning document if requested by the Minister.
New section 35(3) provides that a request to prepare a corporate
planning document must specify the date by which the document
is to be prepared and the information to be included and the form
in which the information must be provided.
New section 35(4) provides that the RBG Board may amend a
corporate planning document at any time with the approval of
the Minister.
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New section 35(5) provides that the Minister may direct in
writing the RBG Board to amend a corporate planning document
at any time by including or omitting any specified information.
New section 35(6) requires the RBG Board to comply with a
direction under new subsection (5).
Clause 47 substitutes section 38 of the RBG Act.
Existing section 38 provides that the Governor in Council may
appoint the Director on the recommendation of the Minister and
after consultation with the RBG Board.
New section 38 provides for the RBG Board to appoint the
Director and to specify the term of the appointment.
Clause 48 repeals sections 39, 40 and 41 of the RBG Act. These sections
provide for the term of office of the Director, the Director's
remuneration and other conditions (section 39), resignation
(section 40) and removal from office by the Governor in Council
(section 41).
In future, the terms of office will be determined by the RBG
Board in accordance with the relevant whole of government
executive remuneration policy. Resignation and removal from
office are best dealt with through employment contract
provisions prepared consistent with whole of government policy
and administered by the RBG Board.
Clause 49 repeals section 56 of the RBG Act. Section 56 is a spent savings
provision associated with the commencement of the Act in 1992.
Clause 50 inserts section 60 into the RBG Act. New section 60 is
a transitional provision relating to the changes in the
requirements for the preparation of corporate planning
documents (see clause 46) and the changes in the composition
of the RBG Board (see clause 52).
New section 60(1) provides that a corporate plan of the
Board prepared under section 35 of the RBG Act as in force
immediately before the commencement of Part 9 of the Bill is
taken to be a corporate planning document prepared under new
section 35.
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New section 60(2) provides that the appointment of the
Department Head of DELWP or their nominee to the RBG Board
as in force immediately before the commencement of Part 9 of
the Bill is terminated and the appointed person goes out of office.
New section 60(3) defines commencement day for the purposes
of new section 60 to be the day on which Part 9 of the Bill comes
into operation.
Clause 51 repeals section 61 of the RBG Act. Section 61 is a spent savings
provision relating to an amendment to the RBG Act in 2003.
Clause 52 substitutes clause 1(2) of Schedule 2 (Membership of the Board)
to the RBG Act.
Existing clause 1(2) specifies the criteria for membership of the
RBG Board and requires the Department Head of DELWP or
their nominee to be a member.
New clause 1(2) re-states the fields of knowledge or expertise
which members of the RBG Board must have but excludes the
Department Head of DELWP or their nominee from membership
of the board.
Clause 53 amends clause 3(1) of Schedule 2 (Membership of the Board)
to the RBG Act. Existing clause 3(1) provides that only a
member of the Board who is not the Department Head of
DELWP or their nominee may be appointed as the Chairperson
or Deputy Chairperson. The amendment is a consequential
amendment to the amendment in clause 52 of the Bill and the
fact that the Department Head of DELWP or their nominee will
no longer be a member of the Board.
Clause 54 repeals clause 9(2) of Schedule 2 (Membership of the Board)
to the RBG Act. Clause 9(2) provides that the remuneration,
allowances and expenses to be paid to the Chairperson, Deputy
Chairperson or a member of the RBG Board may be fixed by
reference to any award applying to officers or employees of the
public service. This provision is obsolete because remuneration
for employees of the public service are now not fixed by
reference to an award.
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Part 10--Amendment of the Victorian Environmental
Assessment Council Act 2001
Clause 55 amends section 9(6) of the VEAC Act, which governs the terms
and conditions of office of members of VEAC, by removing the
prohibition on the payment of fees to a member of the Council
who is an employee of the public service. The Appointment
and Remuneration Guidelines published by the Department
of Premier and Cabinet set out the circumstances when it is
appropriate to remunerate a board member who is also a public
sector employee.
Part 11--Amendment of the Zoological
Parks and Gardens Act 1995
Part 11 of the Bill contains clauses 56 to 66, which amend the Zoos Act in
relation to the preparation of corporate planning documents, the composition
of the Zoos Board, the granting of leases and licences, the appointment of the
Chief Executive Officer (CEO) of the Zoos Board and the repeal of spent
provisions.
Clause 56 inserts a definition of corporate planning document into
section 3 of the Zoos Act. A corporate planning document is
a statement of corporate intent, a corporate plan or a business
plan (see also clause 59).
Clause 57 substitutes section 9(2) of the Zoos Act.
Existing section 9(2) specifies the criteria for membership of
the Zoos Board and requires a nominee of the Secretary to be a
member.
New section 9(2) re-states the areas of expertise which members
of the Zoos Board must have but excludes the nominee of the
Secretary from membership of the Board.
Clause 58 substitutes the heading to Division 2 of Part 2 of the Zoos Act
so that the heading includes a reference to corporate planning
documents instead of corporate plans.
Clause 59 substitutes section 18 of the Zoos Act. Existing section 18 sets
out the requirements relating to the preparation or modification
of a corporate plan of the Zoos Board.
New section 18(1) provides that the Minister may request the
Zoos Board to prepare a corporate planning document.
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New section 18(2) requires the Zoos Board to prepare a corporate
planning document if requested by the Minister.
New section 18(3) provides that a request to prepare a corporate
planning document must specify the date by which the document
is to be prepared, the information to be included and the form in
which the information must be provided.
New section 18(4) provides that the Zoos Board may amend a
corporate planning document at any time with the approval of
the Minister.
New section 18(5) provides that the Minister may direct the
Zoos Board to amend a corporate planning document at any
time by including or omitting any specified information.
New section 18(6) requires the Zoos Board to comply with a
direction under new subsection (5).
Clause 60 repeals section 19 of the Zoos Act. Section 19 sets out the
contents of a statement of corporate intent to be included in the
corporate plan of the Board. A statement of corporate intent
will now be a corporate planning document and its preparation
will be governed by section 18.
Clause 61 amends section 33(2)(a) and (b) of the Zoos Act by substituting
the Minister for the Governor in Council as the person who must
approve the Zoos Board granting a lease for up to 21 years
(subclause (1)) or a licence for more than 12 months and up to
5 years (subclause (2)).
Clause 62 amends section 34 of the Zoos Act.
Existing section 34 provides that the Minister, after consulting
the Zoos Board, may appoint the CEO.
New section 34 provides for the Zoos Board (instead of the
Minister) to appoint the CEO.
Clause 63 repeals sections 35 and 36 of the Zoos Act. These sections
provide for the terms of office of the CEO and the CEO's
remuneration and other conditions (section 35) and resignation
and removal from office (section 36).
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In future, the terms of office will be determined by the Zoos
Board in accordance with the relevant whole of government
executive remuneration policy. Resignation and removal
from office are best dealt with through employment contract
provisions prepared consistent with whole of government
policy and administered by the Board.
Clause 64 repeals sections 43, 47 and 49 of the Zoos Act. These sections
are spent repeal, transitional or savings provisions associated
with the commencement of most of the Zoos Act in 1996.
Clause 65 inserts Division 2 into Part 5 of the Zoos Act. New Division 2
contains sections 50 to 52, which are transitional provisions
relating to the changes in membership of the Zoos Board
(see clause 57) and the changes in requirements for the
preparation of corporate planning documents (see clause 59).
New section 50 defines commencement day for the purposes of
Division 2 of Part 5 to be the day on which Part 11 of the Bill
comes into operation.
New section 51 provides that, on the commencement day, an
appointment of a nominee of the Secretary to the Board as in
force immediately before the commencement of Part 11 of the
Bill is terminated and the appointed person goes out of office.
New section 52 provides that, on the commencement day, a
corporate plan of the Board prepared under section 18 of the
Zoos Act as in force immediately before the commencement of
Part 11 of the Bill is taken to be a corporate planning document
prepared under the new section 18.
Clause 66 amends clause 7 of Schedule 2 (Membership and Procedure of
the Zoos Board) to the Zoos Act by removing the prohibition
on the payment of fees to a member of the Zoos Board who is
an employee of the public service. The Appointment and
Remuneration Guidelines published by the Department of
Premier and Cabinet set out the circumstances when it is
appropriate to remunerate a board member who is also a public
sector employee.
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Part 12--Consequential amendments of other Acts
Part 12 of the Bill contains clauses 67 to 94. These clauses (along with
clauses 3, 9, 17 and 18) make consequential amendments to various Acts
as a result of clause 14 inserting a definition of Central Plan Office into the
Interpretation of Legislation Act. The definition in that Act will apply to
all Acts (and subordinate instruments) and so definitions of the term in other
Acts, along with words in provisions of other Acts describing the department
in which the Central Plan Office is located, are redundant and can be omitted.
Clause 67 amends section 24B(1) of the Aboriginal Lands Act 1970 by
omitting outdated and superfluous words describing the Central
Plan Office.
Clause 68 amends section 2 of the Alpine Resorts Act 1983 by repealing
the definition of Central Plan Office and amends section 22 by
omitting superfluous words describing the Central Plan Office.
Clause 69 repeals the definition of Central Plan Office in section 3 of the
Alpine Resorts (Management) Act 1997.
Clause 70 amends sections 3(1) and 74(1A) of the Casino Control
Act 1991 by omitting outdated and superfluous words
describing the Central Plan Office.
Clause 71 amends section 95A(2) of the Catchment and Land Protection
Act 1994 by omitting superfluous words describing the Central
Plan Office.
Clause 72 amends section 66(1)(b) of the Docklands Act 1991 by omitting
outdated and superfluous words describing the Central Plan
Office.
Clause 73 repeals the definition of Central Plan Office in section 3(1) of
the EastLink Project Act 2004.
Clause 74 repeals the definition of Central Plan Office in section 5.7A.2 of
the Education and Training Reform Act 2006.
Clause 75 amends section 12(1)(a) of the Electoral Boundaries
Commission Act 1982 by omitting outdated and superfluous
words describing the Central Plan Office.
Clause 76 repeals the definition of Central Plan Office in section 3(1) of
the Forests Act 1958.
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Clause 77 repeals the definition of Central Plan Office in section 3(1) of
the Heritage Rivers Act 1992.
Clause 78 repeals the definition of Central Plan Office in section 3 of the
Kardinia Park Stadium Act 2016.
Clause 79 repeals the definition of Central Plan Office in section 2A of
the Land Act 1958.
Clause 80 amends section 5(3) of the Land Conservation
(Vehicle Control) Act 1972 by omitting outdated and
superfluous words describing the Central Plan Office.
Clause 81 amends section 3(4) of the Libraries Act 1988 by omitting
outdated and superfluous words describing the Central Plan
Office.
Clause 82 amends the definitions of Docklands Stadium concourse and
Lakeside Stadium concourse in section 3(1) of the Major
Sporting Events Act 2009 and amends sections 3(4) and 21 of
that Act by omitting superfluous words describing the Central
Plan Office.
Clause 83 repeals the definition of Central Plan Office in section 3 of the
Major Transport Projects Facilitation Act 2009.
Clause 84 repeals the definition of Central Plan Office in section 4 of the
Melbourne and Olympic Parks Act 1985.
Clause 85 repeals the definition of Central Plan Office in section 3 of the
Melbourne City Link Act 1995.
Clause 86 amends the definition of National Gallery land in section 4(1)
of the National Gallery of Victoria Act 1966 and amends
section 4(4) of that Act by omitting outdated and superfluous
words describing the Central Plan Office.
Clause 87 amends section 3 of the Parliamentary Precincts Act 2001 by
omitting outdated and superfluous words describing the Central
Plan Office.
Clause 88 amends the definition of Port of Melbourne Area in
section 3(1) of the Planning and Environment Act 1987 and
amends section 46ZB(1) of that Act by omitting outdated and
superfluous words describing the Central Plan Office and amends
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section 201R of that Act by repealing the definition of Central
Plan Office.
Clause 89 repeals the definition of Central Plan Office in section 3(1) of
the Port Management Act 1995.
Clause 90 repeals the definition of Central Plan Office in clause 1 of
Schedule 5A to the Road Management Act 2004.
Clause 91 amends the definition of plan numbered LEGL./02-062 in
section 3 of the Royal Agricultural Showgrounds Act 2003 by
omitting outdated and superfluous words describing the Central
Plan Office.
Clause 92 amends section 10(5)(b) of the Royal Children's Hospital
(Land) Act 2007 by omitting outdated and superfluous words
describing the Central Plan Office.
Clause 93 amends the definition of Centre in section 3 of the Victorian
Arts Centre Act 1979 and amends section 20 of that Act by
omitting outdated and superfluous words describing the Central
Plan Office.
Clause 94 repeals the definition of central plan office in section 3(1) of the
Water Act 1989.
Part 13--Repeal of amending Act
Clause 95 provides for the repeal of the amending Act on 1 May 2019.
The repeal of the Act does not affect the continuing operation
of the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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