Victorian Current Acts

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CONSERVATION, FORESTS AND LANDS ACT 1987 - SECT 3

Definitions

    (1)     In this Act—

"agreement" means a land management co‑operative agreement under Part 8;

S. 3(1) def. of authorised officer substituted by No. 24/2014 s. 77(2), amended by No. 68/2016 s. 160(2).

"authorised officer" means an authorised officer

        (a)     appointed under Part 9; or

        (b)     appointed by the Game Management Authority under Part 3 of the Game Management Authority Act 2014 ;

        (c)     appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016 ;

"authority" includes consent, approval, endorsement, licence, permit or registration;

S. 3(1) def. of Central Plan Office inserted by No. 82/2009 s. 37, amended by No. 24/2014 s. 77(3)(a), substituted by No. 51/2016 s. 3(1)(a), repealed by No. 53/2017 s. 3.

    *     *     *     *     *

S. 3(1) def. of chief administrator substituted by No. 48/1993 s. 10(1)(a), amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 76/1998 s. 3(1)(a)(i).

    *     *     *     *     *

S. 3(1) def. of coastal and marine management plan inserted by No. 26/2018 s. 89(1).

"coastal and marine management plan" has the same meaning as in the Marine and Coastal Act 2018 ;

"Code of Practice" means a Code of Practice under Part 5 as amended and in force for the time being;

S. 3(1) def. of Crown land amended by No. 76/1998 s. 3(1)(a)(ii).

"Crown land" means land which is, or is deemed to be, unalienated land of the Crown and includes—

        (a)     land of the Crown reserved permanently or temporarily or set aside by or under an Act; and

        (b)     land of the Crown occupied by a person under a lease, licence or other right; and

        (c)     land of the Crown managed by a public authority other than the Department or the Secretary; and

        (d)     land of the Crown which is, or is part of, a national park or a park within the meaning of the National Parks Act 1975 ;

S. 3(1) def. of Department substituted by Nos 48/1993 s. 10(1)(b), 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 5(1)(a), 24/2014 s. 77(3)(b), 51/2016 s. 3(1)(b).

"Department" means the Department of Environment, Land, Water and Planning;

S. 3(1) def. of Department Head inserted by No. 76/1998 s. 3(1)(a)(iii), amended by No. 108/2004 s. 117(1) (Sch.  3 item 39.1).

"Department Head" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 3(1) def. of Director-General repealed by No. 76/1998 s. 3(1)(a)(i).

    *     *     *     *     *


S. 3(1) def. of forest produce amended by No. 48/2004 s. 127.

"forest produce" has the same meaning as it has in the Forests Act 1958 ;

"former authority" means any of the following bodies—

        (a)     the Forests Commission established under the Forests Act 1958 ;

        (b)     the Soil Conservation Authority established under the Soil Conservation and Land Utilization Act 1958 ;

        (c)     the Vermin and Noxious Weeds Destruction Board established under the Vermin and Noxious Weeds Act 1958 ;

S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 77(1).

"Game Management Authority" means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014 ;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 19/2020 s. 79.

"Great Ocean Road Coast and Parks Authority" means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020 ;

S. 3(1) def. of land owner amended by Nos 35/1998 s. 13(1), 76/1998 s. 3(1)(a)(iv), 85/1998 s. 24(Sch. item 12.1 (a)(b)), 19/2018 s. 56(2), 42/2021 s. 25.

"land owner"—

        (a)     in relation to land which has been alienated from the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act) means the person who is registered as a proprietor, or the persons who are registered as the proprietors, of an estate in fee simple in the land; and

        (b)     in relation to land which has been alienated by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the operation of the Transfer of Land Act 1958 , means the person who is the owner, or the persons who are owners, of the fee or equity of redemption; and

        (c)     in relation to Crown land which is occupied under a lease, licence or other right, means the occupier under that lease, licence or right; and

        (d)     in relation to Crown land which is managed or controlled by a public authority, (other than the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority) or a Minister (other than the Minister administering this Act) means the public authority or Minister that manages or controls the land; and

        (e)     in relation to vested land, means the Victorian Plantations Corporation or, if the land is licensed under Part 3A of that Act, the licensee (within the meaning of that Part) of the land;

S. 3(1) def. of marine and coastal Crown land inserted by No. 26/2018 s. 89(1).

"marine and coastal Crown land" has the same meaning as in the Marine and Coastal Act 2018 ;

S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 56(1).

"Parks Victoria" has the same meaning as in the Parks Victoria Act 2018 ;

S. 3(1) def. of Parks Victoria land record inserted by No. 19/2018 s. 56(1).

"Parks Victoria land record "means the record kept under Division 1 of Part 7A;

S. 3(1) def. of Parks Victoria managed land inserted by No. 19/2018 s. 56(1).

"Parks Victoria managed land" has the same meaning as in the Parks Victoria Act 2018 ;

S. 3(1) def. of Parks Victoria Minister inserted by No. 19/2018 s. 56(1).

"Parks Victoria Minister" means the Minister administering the Parks Victoria Act 2018 ;

S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 56(1).

"Parks Victoria recorded land "means any land recorded on the Parks Victoria land record;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 26.1).

"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of public authority amended by No. 12/1989 s. 4(1)(Sch. 2 item 16.1).

"public authority" means a body corporate created for a public purpose by or under an Act and includes—

        (a)     a municipal council; and

        (b)     the State Superannuation Board; and

        (c)     a college or university or other educational institution incorporated by or under an Act; and

        (d)     a body for the time being declared to be a public authority under subsection (3);

"rate" includes land tax;

S. 3(1) def. of rating authority amended by No. 40/1997 s. 138(Sch. 2 item 5).

"rating authority"—

        (a)     in relation to land tax, means the Commissioner of State Revenue; and

        (b)     in relation to rates levied under an Act, means the body which levies the rate;

S. 3(1) def. of relevant law substituted by No. 38/1995 s. 12(a).

"relevant law" means, in relation to any provision of this Act—

        (a)     this Act;

        (b)     the regulations;

        (c)     an Act specified in Schedule 1;

        (d)     regulations under an Act specified in Schedule 1—

and, in Part 9 (except sections 89, 97 and  98), includes an Act specified in Schedule 1A and regulations under any such Act;

S. 3(1) def. of Secretary inserted by No. 76/1998 s. 3(1)(a)(v), substituted by Nos 56/2003 s. 5(1)(b), 24/2014 s. 77(3)(c).

"Secretary" means the body corporate established by Part 2;

S. 3(1) def. of successor
in title inserted by No. 35/1998 s. 13(2).

"successor in title" in relation to vested land means—

        (a)     if the land owner is the Victorian Plantations Corporation, any licensee of the vested land within the meaning of Part 3A of the Victorian Plantations Corporation Act 1993 ; and

        (b)     if the land owner is a licensee of the vested land under a licence granted under that Part, any assignee of an interest in the licence or any person to whom an interest in the licence comes by operation of law;

S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 82/2009 s. 37.

"Traditional Owner Land Management Board" means a Board established under Part 8A;


S. 3(1) def. of vested land inserted by No. 35/1998 s. 13(2).

"vested land" has the same meaning as it has in the Victorian Plantations Corporation Act 1993 ;

S. 3(1) def. of VicForests inserted by No. 97/2003 s. 6(1).

"VicForests" means the State body known as "VicForests" established under section 14 of the State Owned Enterprises Act 1992 by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003;

S. 3(1) def. of Victorian Fisheries Authority inserted by No. 68/2016 s. 160(1).

Victorian Fisheries Authority means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016 ;

S. 3(1) def. of Victorian Plantations Corporation inserted by No. 61/1993 s. 36(a).

"Victorian Plantations Corporation" has the same meaning as in the Victorian Plantations Corporation Act 1993 .


S. 3(2) repealed by No. 48/1993 s. 10(2), new  s. 3(2) inserted by No. 46/1998 s. 7(Sch. 1), amended by Nos 56/2003 s. 5(2), 108/2004 s. 117(1) (Sch.  3 item 39.2), 24/2014 s. 77(4), repealed by No. 51/2016 s. 3(2).

    *     *     *     *     *

S. 3(2A) inserted by No. 56/2003 s. 5(3), repealed by No. 24/2014 s. 77(5).

    *     *     *     *     *

    (3)     The Governor in Council may by Order published in the Government Gazette declare a body corporate constituted by or under an Act to be a public authority for the purposes of subsection (1).



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