CONSERVATION, FORESTS AND LANDS ACT 1987

Victorian Current Acts

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CONSERVATION, FORESTS AND LANDS ACT 1987

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Object
4A. Transport Integration Act 2010
5. Crown to be bound

PART 2--ADMINISTRATION

Division 1--Secretary

6. Secretary to be body corporate
7. Secretary to be subject to control
8. Department Head to have same powers as before incorporation
10. Functions of Secretary
11. Delegation of powers and functions

Division 2--Advisory bodies

12. Committees

PART 3--PROPERTY

13. Power to acquire land
14. The Land Acquisition and Compensation Act 1986 is to apply
15. Power to dispose of land
16. Power to accept donations
17. Easements

PART 4--FINANCE

Division 1--Agreements and accounting

18. Power of the Secretary to enter into contracts
19. Limitation upon the Secretary's power to make contracts
20. Expenditure by the Secretary
21. Entry of payments
22. Conservation, Forests and Lands Stores Suspense Account
23. Conservation, Forests and Lands Plant and Machinery Fund
24. Budgets
25. Payments into Consolidated Fund in respect of roads etc.

Division 2--Charges and fees

27. Right to levy charges and fees
28. Charges and fees
29. Liability for charge or fee
30. Charge or fee may be recovered as debt

PART 5--CODES OF PRACTICE

31. Power to make Codes of Practice
32. Variation and revocation of Code of Practice
33. Advertisement of draft Code of Practice, variation or revocation
34. Consideration of submissions
37. Making and publication of Codes of Practice, variations and revocations
37A. Tabling and disallowance
38. Availability of Code of Practice
39. Compliance with Codes of Practice
40. Incorporation of Codes of Practice by regulation

PART 5A--SUSTAINABLE FOREST MANAGEMENT

40A. Minister to determine sustainability criteria and indicators and reporting requirements
40B. Determination to be published
40C. Secretary to report on indicators
40D. Minister may arrange audits
40E. Sustainability Charter

PART 6--CONSERVATION WORKERS

56. Definitions
57. Secretary may give certificates
58. Compensation for personal injuries and property damage
59. Jurisdiction of County Court
60. Authority to represent the Crown
61. Authority entitled to costs and expenses
62. Rules
63. Recovery from third parties
64. Compensation and expenses to be paid from Consolidated Fund
65. Offence

PART 7--PUBLIC AUTHORITIES

66. When a plan of works must be submitted
67. Compliance with Codes of Practice and comments

PART 7A--PARKS VICTORIA LAND RECORD

Division 1--Establishment and keeping of Parks Victoria land record

67A. Parks Victoria land record
67B. Land in respect of which regulations under Part 9A may be made
67C. Amendment of the record

Division 2--Effect of inclusion of land in Parks Victoria land record

67D. Definitions
67E. Transfer of property and other matters from the Secretary to Parks Victoria
67F. Saving of tour operator licences
67G. Saving of applications for tour operator licences and variations of tour operator licences
67H. Decisions under section 17E of the Crown Land (Reserves) Act 1978, use of land for car parks
67I. Orders as to management and control of reserved land under section 18 of the Crown Land (Reserves) Act 1978
67J. Construction of conditions in leases under section 121 of the Land Act 1958
67K. Construction of conditions in licences under section 130 of the Land Act 1958
67L. Agistment permits under section 133A of the Land Act 1958
67M. Licences under section 16 of the Wildlife Act 1975

PART 8--LAND MANAGEMENT CO‑OPERATIVE AGREEMENTS

68. Powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority
69. Power to enter into agreements
70. Content of agreements
71. Form and operation of agreement
72. Agreements binding on successors
73. Wildlife sanctuaries
74. Public access to certain land
75. Rate relief
76. Variation or termination of agreements
77. Remedies for breach of agreement
78. Injunctions
79. Amount due to Secretary is a charge on land
80. Information to be given to the public
81. Offences by third parties
82. Regulations

PART 8A--TRADITIONAL OWNER LAND MANAGEMENT BOARDS

Division 1--Definitions

82A. Definitions

Division 2--Constitution of Traditional Owner Land Management Boards

82AB. Role of Minister, Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority where recognition and settlement agreement exists
82B. Power of Minister to establish Traditional Owner Land Management Board
82BA. Revocation of appointment of committee of management
82C. Status of Traditional Owner Land Management Boards
82D. Application of Public Administration Act 2004
82E. Objective of Traditional Owner Land Management Boards
82F. Variation of role etc. of Traditional Owner Land Management Board
82FA. Requirements for variation where recognition and settlement agreement applies
82G. Abolition of Traditional Owner Land Management Board
82GA. Requirements for abolition where recognition and settlement agreement applies

Division 3--Functions, powers and duties of Traditional Owner Land Management Boards

82H. Functions of Traditional Owner Land Management Boards
82I. Powers and duties of Traditional Owner Land Management Boards
82J. Functions, powers and duties to be carried out in accordance with relevant Act

Division 4--Description, membership and procedure

82K. Title
82L. Membership
82M. Appointment and dismissal of members
82N. Cessation of office of members
82O. Procedures

Division 5--Agreements as to Traditional Owner Land Management Boards

82P. Agreements as to the establishment etc. of Traditional Owner Land Management Boards

Division 5A--Joint management plans

82PA. Joint preparation of management plans
82PB. Requirements of specific Acts as to management to apply
82PC. Other requirements for management plans
82PD. Completion of preparation of management plan
82PE. Notice of completed management plan
82PF. Making and consideration of submissions
82PG. Agreement to management plan
82PH. Approval of plan by Minister
82PI. Effect of plan
82PJ. Variation of joint management plan

Division 6--General

82Q. Delegations to or in relation to Traditional Owner Land Management Boards
82R. Describing land in determinations

PART 9--ENFORCEMENT AND GENERAL PROVISIONS

83AA. Definition
83. Appointment of authorised officers
84. Appointment of persons to perform certain functions of authorised officers
85. Police officers to assist authorised officers
86. Immunity of officers
87. Statement of authorised officer is evidence
88. Certificate of Secretary or chief executive officer of Parks Victoria or Great Ocean Road Coast and Parks Authority is evidence
88A. Certificates of identification
89. Injunctions
90. Offences by bodies corporate and partnerships etc.
91. Infringement notice
94. Parking infringements
95. False or misleading statements
95A. Hindering or obstructing forest operations
96. Proceedings for offences
97. Compensation
98. Action for damages
99. Regulations
100. Governor in Council may amend Schedule 3

PART 9A--REGULATIONS FOR CERTAIN PARKS VICTORIA RECORDED LAND

101. Definitions
102. Regulation making power for recorded land

PART 10--TRANSITIONAL PROVISIONS

107. References
108. Staff
111. Accounts
114. Continuation of section 94A of the Forests Act 1958
117. Bodies not affected by change in constitution
119. References to the Secretary
120. Saving and transitional provisions—appointments and delegations
121. Saving of appointments of authorised officers—Sustainable Forests (Timber) Act 2004
122. Codes of Practice—Sustainable Forests (Timber) Act 2004
123. Transitional provision—Traditional Owner Settlement Act 2010
124. Transitional provision—delegation of powers and functions under section 11(3A), (3AA), (3B) or (3C)
125. Savings and transitional provision—Repeal of Sustainable Forests (Timber) Act 2004
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
ENDNOTES

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