Victorian Current Acts Victorian Current Acts(1) A committee of management of any land appointed under section 14—
(a) shall manage improve maintain and control the land for the purposes for which it is reserved and for that purpose may employ officers servants and workmen;
(b) may exercise all such powers functions and authorities and shall carry out all such duties as are conferred or imposed on it by any regulations made pursuant to section 13 and shall have authority to do all such acts matters and things as are necessary for or incidental to carrying into effect and enforcing such regulations in respect of the land;
S. 15(1)(c) amended by No. 8/1995 s. 42(4)(a).
(c) may carry out works and improvements on the land:
Provided that in the case of works or improvements on coastal Crown land—
S. 15(1)(c)(i) substituted by No. 8/1995 s. 42(4)(b), amended by No. 26/2018 s. 90(3)(a).
(i) the consent of the Minister administering the Marine and Coastal Act 2018 has been first obtained; and
S. 15(1)(c)(ii) substituted by No. 8/1995 s. 42(4)(b), amended by No. 26/2018 s. 90(3)(b).
(ii) the works are carried out in accordance with any management plan prepared under the Marine and Coastal Act 2018 which relates to the land;
(iii) the works or improvements are being carried out solely to maintain the land;
(d) may—
(i) if it is a body corporate, in its own name or in the name of some person appointed by it in that behalf; or
(ii) if it is not a body corporate, in the name of any one or more of its members or in the name of some person appointed by it in that behalf—
take any legal proceedings for the purposes aforesaid;
(e) may expend any revenue from the land or any other moneys for any of the purposes mentioned in this section;
(f) shall expend or apply any revenue for any other purpose whether or not related to the land as directed by the Minister;
(g) notwithstanding anything in this Act where the committee considers it will not be inconsistent with the purposes of the reservation the committee may subject to the consent of the Minister upon such terms and conditions as it determines—
(i) grant a permit to any person to enter upon the land with cattle sheep or other animals and to pasture them thereon; or
(ii) cultivate the land or grant a permit to any person to enter upon the land with plant and machinery and cultivate it;
S. 15(1)(h) substituted by No. 89/1994 s. 36.
(h) may, in accordance with the Impounding of Livestock Act 1994 , impound livestock trespassing on the land and, for the purposes of this paragraph, "livestock" has the same meaning as in section 3 of the Impounding of Livestock Act 1994 ; and
(i) may insure against any legal liability to members of the public which may arise out of the performance of its functions as committee of management.
(2) At any meeting of a committee of management the chairman (or, in the absence of the chairman, such member as the members present appoint) shall preside and in the event of an equality of votes the person presiding shall have a second or casting vote.
(3) A quorum of a committee of management (not being a body corporate) shall consist of a majority of the members for the time being in office.
(4) The powers and functions of a committee of management (not being a body corporate) may be exercised in accordance with a majority of votes at any meeting.
(5) Where reserved land has been granted to trustees all acts matters and things done by the committee of management of the land in exercise of the powers conferred by this section shall have the same force and effect as if done by the trustees of the land.
S. 15(6) amended by No. 25/2023 s. 7(Sch. 1 item 8.4).
(6) In no case shall His Majesty or the Minister be liable for any costs or expenses incurred or awarded in connexion with any prosecution under this section.
(7) A committee of management appointed under subsection (1) of section 14 shall furnish annually to the trustees of the land and to the Minister a report of its operations and a statement of its receipts and expenditure in such form as the trustees or the Minister may require.
(8) A committee of management appointed under subsection (2) of section 14 —
(a) shall keep a full and particular account of all sums of moneys received and expended by it;
S. 15(8)(b) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i)(ii).
(b) shall furnish annually to the Secretary, unless otherwise directed by the Secretary, a statement of its receipts and expenditure and of the balance in hand;
S. 15(8)(c) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).
(c) shall if requested by the Secretary furnish particulars of any or all of its receipts and expenditure;
S. 15(8)(d) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).
(d) shall keep such accounting and other records as may be required by the Secretary to sufficiently explain the transactions and financial position of the committee; and
S. 15(8)(e) amended by Nos 10087 s. 3(1)(Sch. 1 item 32), 76/1998 s. 6(c)(i).
(e) shall cause to be made up in each year proper accounts of the committee for the year ending on the day immediately preceding the anniversary of the appointment of the committee or any other day as may be required by the Secretary.
S. 15(8A) inserted by No. 9551 s. 5.
(8A) Subject to subsection (8B), the provisions of subsection (8) shall not apply to a committee of management consisting of—
S. 15(8A)(a) substituted byNo. 9/2020 s. 390(Sch. 1 item 21.3).
(a) a Council;
S. 15(8A)(b) substituted by Nos 121/1994 s. 207(2), 17/2012 s. 84(2).
(b) a metropolitan water corporation within the meaning of the Water Act 1989 ;
S. 15(8A)(ba) inserted by No. 121/1994 s. 207(2).
(ba) Melbourne Water Corporation;
S. 15(8A)(bb) inserted by No. 121/1994 s. 207(2), substituted by No. 66/2000 s. 50.
(bb) Parks Victoria;
S. 15(8A)(c) repealed by No. 90/2009 s. 18(2).
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(d) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for any public purpose.
S. 15(8B) inserted by No. 9551 s. 5.
(8B) The Minister may direct in relation to any committee of management referred to in subsection (8A) that the provisions of subsection (8) or such one or more than one of those provisions as the Minister specifies shall apply to that committee of management.
(9) The Governor in Council may—
S. 15(9)(a) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 21.9), 35/2010 s. 15, 9/2020 s. 390(Sch. 1 item 21.4).
(a) annually appoint a suitably qualified person to audit the accounts of any committee of management and every such person shall be entitled to such remuneration from the committee of management as the Governor in Council determines.
S. 15(9)(b) repealed by No. 43/1995 s. 16.
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S. 15(9A) inserted by No. 40/2009 s. 6.
(9A) This section applies to a committee of management of any land appointed under section 14 where the land in respect of which the committee is appointed is leased by the Minister under section 17CA and the management of the lease is conferred on the committee by the lease, to the extent that it is not inconsistent with the lease.
S. 15(10) inserted by No. 12/1989 s. 4(1)(Sch. 2 item 21.10), repealed by No. 9/2020 s. 390(Sch. 1 item 21.2).
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S. 15A inserted by No. 19/2018 s. 88.