Victorian Current Acts

CONSERVATION, FORESTS AND LANDS ACT 1987 - SECT 23

    (1)     There is established and kept in the Treasury an account called the "Conservation, Forests and Lands Plant and Machinery Fund" (in this section called the fund ).

S. 23(2) amended by No. 76/1998 s. 3(1)(j).

    (2)     When any plant or machinery of the Secretary specified for the purpose of this section by the Secretary is engaged on the construction or maintenance of any works by the Secretary, there must be charged on the money authorised for the carrying out of those works such sums as the Secretary determines are proper in the circumstances to be charged for—

        (a)     renewals and replacements of that plant or machinery; and

        (b)     costs of operating, maintaining and repairing that plant or machinery and other expenses incidental thereto.

    (3)     Any charge may be determined on the basis of—

        (a)     a percentage of the cost of the purchase, acquisition or replacement of the plant or machinery; or

        (b)     the period or distance or amount of work for which the plant or machinery is so engaged; or

        (c)     if while the plant or machinery is so engaged it must be moved from one place to another, the distance for which the plant or machinery must travel.

    (4)     Every sum so charged for the renewal or replacement of any such plant or machinery must be paid to the credit of the fund.

    (5)     Any money standing to the credit of the fund to the extent to which it is not immediately required may be invested in such securities as are approved by the Treasurer and any interest derived therefrom must be credited to the fund.

    (6)     Subject to subsection (5), money credited to the fund—

        (a)     must be applied for the purpose of the renewal or replacement of plant or machinery which has been specified for the purposes of this section; and

S. 23(6)(b) amended by No. 76/1998 s. 3(1)(j).

        (b)     must be used only upon the written authority of the Secretary.

    (7)     An item of plant or machinery not further required may be disposed of and the proceeds must be paid into the Consolidated Fund except where the item has been purchased with money from the fund as established by this section and, if the item has been so purchased the proceeds of disposal must be paid to the credit of the fund.

    (8)     In this section and in section 22 "plant" includes motor vehicles.