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Royal Botanic Gardens (Amendment) Bill
Victorian Legislation and Parliamentary Documents
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EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill.
Clause 2 provides for the commencement of the Bill.
Clause 3 inserts definitions of "authorised officers" and "Royal Botanic
Gardens, Cranbourne" in section 3(1) of the Act. This clause
also clarifies the meaning of "botanic gardens" and clarifies how
land may be added to or removed from the botanic gardens.
Clause 4 provides that an objective of the Act is biodiversity research and
the conservation of biodiversity.
Clause 5 amends the functions of the Board to include biodiversity
research and the conservation of biodiversity.
Clause 6 provides that the power to issue leases for private plant nurseries
in section 24A is not limited by the wording of section 14(m)
which prevents the Board from carrying on a business of selling
or disposing of plants in its own name.
Clause 7 extends the maximum term of a licence that can be issued by the
Board from 5 to 10 years.
Clause 8 inserts a new section 24A into the Act, extending the power of
the Board to issue leases for the purpose of private plant
nurseries. Leases for this purpose may only be granted over land
at Royal Botanic Gardens, Cranbourne. The total area of land
leased for this purpose must be no more than 10 hectares.
The term of any lease must not exceed 21 years.
Clause 9 deletes the definition of "authorised officer" in section 50(d) of
the Act given that it is now defined in section 3.
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551088 BILL LA CIRCULATION 18/9/2003
Clause 10 inserts new sections 50B and 50C into the Act, providing power
to authorised officers to request names and addresses of those
persons found committing offences under the Act or regulations.
Victorian Legislation and Parliamentary Documents
It also creates an offence for failing to provide a name and
address in response to a lawful request. The penalty for failing to
provide a name and address is 5 penalty units. It is a requirement
that authorised officers identify themselves before exercising the
power.
Clause 11 repeals section 60 of the Act.
Clause 12 inserts a new section 61 into the Act. This is a transitional
provision, preserving the term of office of the existing
Chairperson and Deputy Chairperson.
Clause 13 substitutes clause 3(3) of Schedule 2 to the Act with new
clauses 3(3) and 3(3A). It replaces existing provisions which set
a maximum 2 year term of office for the Chairperson and Deputy
Chairperson with new provisions aligning the terms with the term
as member of the Board.
Clause 14 repeals Schedule 4 to the Act.
Clause 15 provides that further amendments to the Act are made in the
Schedule. The Schedule substitutes Part 2 of Schedule 1 to the
Act to insert a new plan of the Royal Botanic Gardens,
Cranbourne.
Schedule substitutes Part 2 of Schedule 1 to the Act to insert a new plan of
the Royal Botanic Gardens, Cranbourne.
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