Victorian Current Acts

CROWN LAND (RESERVES) ACT 1978

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title and commencement  
   3.      Definitions  
   3A.     Application of Road Management Act 2004  
   3B.     Transport Integration Act 2010  
   3C.     Filming Approval Act 2014  
   3D.     Traditional owner agreement for natural resources  

   PART 2--RESERVATION OF LAND

   4.      Power to reserve Crown land for public purposes  
   5.      Minister may purchase and acquire land  
   6.      Effect of permanent reservation on land previously temporarily reserved  
   7.      Consent of manager required for mining purposes  
   8.      Reserved lands not to be sold, leased or licensed  
   9.      Revocation of reservations  
   10.     Revocation of temporary reservation  
   11.     Power to amend or revoke permanent reservations  
   11A.    Revocation and further reservation of land  
   11B.    Parliamentary scrutiny of Order in Council  

   PART 3--GENERAL PROVISIONS RELATING TO RESERVED LAND

   12.     Vesting of land on appointment of new trustees  
   13.     Regulations  
   14.      Appointment of committees of management  
   14A.    Incorporation of certain committees of management  
   14B.    Provisions as to committees of management incorporated under section 14A  
   14C.    Borrowing powers of incorporated committees  
   14D.    Power of incorporated committees to lease land  
   14E.    Powers conferred by sections 14C and 14D additional to other powers  
   15.     Powers of committees of management  
   15A.    Delegation of functions, powers or duties of Parks Victoria as committee of management  
   15B.    Delegation of functions, powers or duties of the Great Ocean Road Coast and Parks Authority as committee of management  
   16.     Governor in Council may by Order direct that reserved land vest in municipality  
   17.     Powers of trustees or committees of management  
   17A.    Continuation of uses of reserved land for purposes other than those for which it is reserved—licences and agreements  
   17AB.   Governor in Council may by Order confer certain leasing and licensing powers to Health Minister  
   17B.    Licences for purposes other than those for which land is reserved  
   17BAA.  Licence may be granted for term greater than 10 years in some circumstances  
   17BA.   Licence granted to generation company  
   17BB.   Licence granted for offshore wind energy generation  
   17C.    Continuation of uses of land for purposes other than those for which it is reserved—leases  
   17CA.   Leases for up to 65 years for other purposes  
   17CB.   Parliamentary scrutiny of the leasing of certain land  
   17CC.   Role of committee of management for leases granted under section 17CA  
   17D.    Leases for up to 21 years for other purposes  
   17DAA.  Leases granted to generation company  
   17DA.   Parliamentary scrutiny of certain approvals  
   17E.    Use of reserved land for car parks  
   17F.    Leases may contain options for renewal and overholding clauses  
   17G.    Leases may provide for removal of buildings and restoration of land  
   17H.    Use of reserved land for apiculture  
   17I.    Transitional provision—Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016  
   17J.    Purpose relating to apiculture  
   18.     Management and control of reserved land  
   18A.    Agreement with electricity company—reserved land  
   18B.    Power of Secretary to enter into management agreements  
   18C.    Obligations of Secretary and Parks Victoria in relation to Yarra River land  
   18D.    Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas  
   18E.    Obligations of land manager in relation to the Great Ocean Road region  
   19.     Trustees of permanent reserves may surrender land to Crown  
   20.     Procuring of forest produce on reserved land  
   20A.    Land to be managed consistently with joint management plan  
   21.     Trustees of reserves to be deemed occupiers  
   21AA.   Offence to construct, remove, alter, or carry out maintenance on, a levee on reserved land  
   21AB.   Obligations of committees of management and trustees in relation to Yarra River land  
   21AC.   Obligations of committees of management and trustees in relation to declared areas  

   PART 3A--TOUR OPERATOR LICENCES

   21AD.   Definition for this Part  
   21A.    Offence to conduct organised tour or recreational activity on reserved land if unlicensed  
   21B.    Grant of tour operator licence  
   21C.    Application for tour operator licence  
   21D.    Requirement to pay annual licence fees after grant of tour operator licence  
   21E.    Tour operator licence conditions  
   21F.    Contravention of condition an offence  
   21G.    Variation of tour operator licence  
   21H.    Suspension of tour operator licence  
   21I.    Making submissions on suspension  
   21J.    Cancellation of tour operator licence  

   PART 3B--CUTTING OR TAKING AWAY FALLEN OR FELLED TREES FOR DOMESTIC USE AS FIREWOOD

   21K.    Definitions  
   21L.    Offence to cut or take away fallen or felled trees outside firewood collection area and season  
   21M.    Person may nominate another to cut and take away fallen or felled trees for firewood  
   21N.    Firewood collection season  
   21O.    Secretary may vary firewood collection season  
   21P.    Secretary may determine firewood collection areas  
   21Q.    Identification of firewood collection areas  
   21R.    Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member  
   21S.    Offences as to amount of fallen or felled trees cut or taken away in a day  
   21T.    Household limit of fallen or felled trees cut or taken away in a financial year  
   21U.    Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations  
   21V.    Limit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions  
   21W.    Offence to sell fallen or felled trees  
   21X.    Offences relating to conduct in a firewood collection area  
   21Y.    Production of nomination if requested by authorised officer  
   21Z.    No offence if authorised by licence or authorisation etc. or regulations  

   PART 4--SPECIAL PROVISIONS RELATING TO CERTAIN RESERVED LAND

   22.     Power of trustees and committee of management regarding horse racing or greyhound racing  
   23.     Powers of committee of management of land reserved for an aerodrome  
   24.     Authority and agreement to construct a marina  
   29.     Power to Treasurer to guarantee certain loans  
   29A.    Lease of mineral spring reserves  
   29B.    Agreements as to the taking and removal of mineral waters  
   29C.    Application of moneys received under a lease  
   29D.    Minister may appoint an advisory committee  
   29E.    Operation of Water Act 1989  
   29F.    Control and management of structures and installations  
   29G.    Control and management of water authority structures etc. in specified regional parks  
   29H.    Water distribution works authority—Bendigo Regional Park  
   29HA.   Works under water licences—Murray River Park  
   29I.    Dam licences—Bendigo Regional Park  
   29IA.   Works under water licences—Kerang and Shepparton Regional Parks  
   29IB.   Cutting and taking away fallen or felled trees—Shepparton Regional Park  

   PART 4A--CARLTON GARDENS RESERVE--SPECIAL EVENT MANAGEMENT

   29J.    Special event management declarations  
   29K.    Content of special event management declarations  
   29L.    Management of Carlton Gardens Reserve  
   29M.    Suspension of functions, powers and duties  
   29N.    Powers in relation to agreements and arrangements  
   29O.    Regulations and local laws to be suspended  
   29P.    Transitional provisions  
   29Q.    Effect of special event management declaration  
   29R.    Minister to give copy of declaration to committee of management  
   29S.    Special event management area to be restored  

   PART 5--GENERAL

           Division 1--Miscellaneous

   30.     Minister may accept gifts etc.  
   30A.    Ownership of timber  
   31.     Tour operator licence regulations  
   32.      Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons  
   33.     Payment of refunds  

           Division 2--General transitional provisions

   34.     Transitional provisions—Crown Land Legislation Amendment Act 2016  
   34A.    Transitional provision—Traditional Owner Settlement Amendment Act 2016  
   34B.    Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021  

   PART 6--PROVISIONS RELATING TO PARTICULAR CROWN LAND RESERVES

           Division 1--Miscellaneous reserves

   35.     Deep Lead Nature Conservation Reserve (No. 2)  

           Division 2--Fifth Schedule reserves

   43.     Reserve descriptions  
   44.     Land in Part 1 of Fifth Schedule deemed to be nature conservation reserves  
   45.     Land in Part 2 of Fifth Schedule deemed to be cultural and natural heritage reserves  
   46.     Land in Part 3 of Fifth Schedule deemed to be natural features reserves  
   47.     Land in Part 4 of Fifth Schedule deemed to be historic and cultural features reserves  
   47A.    Purposes for land in Part 5 of the Fifth Schedule  
   47B.    Land in Part 4A of the Fifth Schedule deemed to be regional parks  
   47BA.   Murray River Park  
   47C.    Land in Part 6 of the Fifth Schedule deemed to be water reserves  
   47D.    Land in Part 7 of the Fifth Schedule deemed to be forest parks  

           Division 3--Transitional and miscellaneous provisions--Parks and Crown Land Legislation Amendment Act 2020

   48.     Bendigo Regional Park  
   49.     Land to become part of park on surrender to the Crown—Bendigo Regional Park  
   50.     Land reserved temporarily for aerodrome purposes  
   50A.    Macedon Regional Park—Land not affected by enactment of certain Acts  
   50B.    Eldorado Historic Reserve—Land not affected by enactment of certain Acts  

           Division 5--Further transitionalprovisions--2006 Act

   51.     Definition  
   55.     Protected forest—Kurth Kiln Regional Park  

           Division 5A--Further transitional provisions--2009 River Red Gums Act

   63.     Definitions  
   63A.    Transitional provision—Murray River Park  
   63B.    Cutting and taking away fallen or felled trees—Murray River Park  
   63C.    Grazing licences—Murray River Park  
   63D.    Land to become part of park on surrender to the Crown—Kerang Regional Park  
           SECOND SCHEDULE
           THIRD SCHEDULE
           FIFTH SCHEDULE
           ENDNOTES