Victorian Current Acts Victorian Current Acts(1) In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 153(3).
"accepted recommendation" means—
(a) in relation to a report under
section 23 or 26E of the Victorian Environmental Assessment Council Act 2001
—
(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or
(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) (as the case requires) of that Act, that most recent response as amended; or
(b) if there is no response to which
paragraph (a)(i) or (ii) applies,
the most recent (if any) relevant
recommendation of the Land Conservation Council under section 5(1) of the
Land Conservation Act 1970 (as in force immediately before its repeal)
applying to the land, of which notice has been given by the Governor in
Council under section 10(3) of that Act (as so in force);
S. 3(1) def. of appointed land inserted by No. 62/2010 s. 124(1).
appointed land , in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 99.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of authorized officer substituted as authorised officer by
No. 66/2000 s. 35(1)(a), substituted by No. 68/2016
s. 169.
"authorised officer "means a person appointed as an authorised officer for the purposes of this Act under—
(a) Part 9 of the Conservation, Forests and Lands Act 1987 ; or
(b) Part 3 of the Victorian Fisheries Authority Act 2016 ;
S. 3(1) def. of Barwon Water inserted by No. 60/2005 s. 3(a).
"Barwon Water" means Barwon Region Water Authority constituted under Part 6 of the Water Act 1989 ;
S. 3(1) def. of Barwon water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(a), 54/2008 s. 3(a), 79/2013 s. 16(a), 40/2020 s. 63(b).
"Barwon water supply catchment area" means the land shown hatched on the plans numbered N.P. 111C/3, N.P. 111D/3, N.P. 111E/5, N.P. 111F/2 and N.P. 111G/2 and lodged in the Central Plan Office;
S. 3(1) def. of boat inserted by No. 40/2002 s. 3(a).
"boat" means any means of transportation on water;
S. 3(1) def. of cattle inserted by No. 16/2015 s. 3.
"cattle" means any animal of the species Bos taurus ;
S. 3(1) def. of Central Plan Office
inserted by No. 46/1998
s. 7(Sch. 1), amended by Nos 97/2003
s. 7, 79/2013 s. 16(b), substituted by No. 44/2016 s. 3,
repealed by No. 53/2017 s. 18.
* * * * *
S. 3(1) def. of coastal and marine management plan inserted by No. 26/2018 s. 94(1).
"coastal and marine management plan" has the same meaning as in the Marine and Coastal Act 2018 ;
S. 3(1) def. of commercial fishing equipment inserted by No. 35/2010 s. 3.
"commercial fishing equipment" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of committee repealed by No. 19/2018 s. 153(1).
* * * * *
"Council" means the National Parks Advisory Council established under this Act;
S. 3(1) def. of declared area inserted by No. 17/2018 s. 18.
"declared area" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of designated water supply catchment area inserted by No. 57/1995 s. 4(1), amended by No. 50/2000 s. 4, substituted by No. 60/2005 s. 3(b), amended by No. 90/2009 s. 3(1)(a).
"designated water supply catchment area" means—
(a) any Melbourne water supply catchment area; or
(b) the Barwon water supply catchment area; or
(c) the Wannon water supply catchment area;
S. 3(1) def. of Director amended by Nos 41/1987 s. 116(4), 57/1995 s. 32(1), substituted by Nos 66/2000 s. 35(1)(b), 19/2018 s. 153(2).
"Director "means the Director of National Parks within the meaning of this Act as in force immediately before the commencement of section 49;
S. 3(1) def. of exploration licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).
"exploration licence" means an exploration licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990 ;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 13.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 13.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of fish inserted by No. 40/2002 s. 3(a).
"fish" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of fishing bait inserted by No. 40/2002 s. 3(a).
"fishing bait" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of fund repealed by No. 9861 s. 3(1).
* * * * *
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 99.
"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 102.
Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 99.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 99.
"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 99.
"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of gun
inserted by No. 9247 s. 4.
gun is a reference to a firearm, weapon or device of any description from which any shot, bullet or other missile can be discharged or propelled and includes any air‑gun and also includes any firearm, weapon or device from which for the time being any shot, bullet or other missile cannot be discharged or propelled because of the absence or defect of some part or parts thereof or because of some obstruction therein, but which, if such part or parts were replaced renewed or repaired or such obstruction removed, would be capable of discharging a shot, bullet or other missile;
S. 3(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 31.1).
"Head, Transport for Victoria" has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 124(1).
joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of landscape conservation area inserted by No. 40/2020 s. 63(a).
"landscape conservation area "means any land that, by reason of section 17E, is a landscape conservation area for the purposes of this Act;
S. 3(1) def. of managing water authority inserted by No. 60/2005 s. 3(a), amended by No. 90/2009 s. 3(1)(b).
"managing water authority" means—
(a) in the case of a designated water supply catchment that is a Melbourne water supply catchment area, Melbourne Water Corporation; or
(b) in the case of a designated water supply catchment that is the Barwon water supply catchment area, Barwon Water; or
(c) in the case of a designated water supply catchment that is the Wannon water supply catchment area, Wannon Water;
S. 3(1) def. of marine and coastal Crown land inserted by No. 26/2018 s. 94(1).
"marine and coastal Crown land" has the same meaning as in the Marine and Coastal Act 2018 ;
S. 3(1) def. of Marine and Coastal Strategy inserted by No. 26/2018 s. 94(1).
"Marine and Coastal Strategy" has the same meaning as in the Marine and Coastal Act 2018 ;
S. 3(1) def. of marine national park inserted by No. 40/2002 s. 3(a).
"marine national park" means any land that, by reason of section 17D, is a marine national park for the purposes of this Act;
S. 3(1) def. of marine sanctuary inserted by No. 40/2002 s. 3(a).
"marine sanctuary" means any land that, by reason of section 17D , is a marine sanctuary for the purposes of this Act;
S. 3(1) def. of Melbourne Water Corporation inserted by No. 60/2005 s. 3(a), amended by No. 85/2006 s. 173(Sch. 1 item 8.1).
"Melbourne Water Corporation" means Melbourne Water Corporation constituted under the Water Act 1989 ;
S. 3(1) def. of Melbourne water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 54/2008 s. 3(b), 79/2013 s. 16(c).
"Melbourne water supply catchment area" means either—
(a) the land shown coloured blue on the plan numbered N.P. 8B/1 and lodged in the Central Plan Office; or
(b) the land shown coloured blue on the plans numbered N.P. 102A/3 and N.P. 102B/2 and lodged in the Central Plan Office;
S. 3(1) def. of miner's right inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).
"miner's right" has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990 ;
S. 3(1) def. of mining licence inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).
"mining licence" means a mining licence under Part 2 of the Mineral Resources (Sustainable Development) Act 1990 ;
"national park" means land that, by reason of section 17, is a national park for the purposes of this Act;
S. 3(1) def. of park amended by Nos
38/1989
ss 4, 18(3)(a), 40/2002 s. 3(b), 40/2020 s. 63(c).
"park" means a national park, State park, marine national park, marine sanctuary, landscape conservation area or land that by reason of section 17A or 18, is a park for the purposes of this Act;
S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 153(3).
"Parks Victoria "has the same meaning as in the Parks Victoria Act 2018 ;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 115.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
prescribed means prescribed by this Act or the Regulations;
S. 3(1) def. of priority species inserted by No. 40/2002 s. 3(a).
"priority species" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of recreational fishing equipment inserted by No. 82/2009 s. 3.
"recreational fishing equipment" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of reference area inserted by No. 35/2005 s. 3.
"reference area" means an area proclaimed to be a reference area under the Reference Areas Act 1978 ;
S. 3(1) def. of relevant land inserted by No. 70/1998 s. 4, repealed by No. 40/2002 s. 3(c).
* * * * *
S. 3(1) def. of remote and natural area inserted by No. 40/1992 s. 16.
"remote and natural area" means land that, by reason of section 21B , is a remote and natural area for the purposes of this Act;
S. 3(1) def. of rock lobster inserted by No. 35/2010 s. 3.
"rock lobster" has the same meaning as in the Fisheries Act 1995 ;
S. 3(1) def. of Rock Lobster Fishery Access Licence inserted by No. 35/2010 s. 3.
"Rock Lobster Fishery Access Licence" has the same meaning as under the Fisheries Act 1995 ;
S. 3(1) def. of rock lobster pot inserted by No. 35/2010 s. 3.
"rock lobster pot" has the same meaning as under the Fisheries Act 1995 ;
S. 3(1) def. of search inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).
"search" has the same meaning as in the Mineral Resources (Sustainable
Development) Act 1990 ;
S. 3(1) def. of Secretary inserted by No. 70/1998 s. 4.
"Secretary" means the body corporate established under Part 2 of the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of South West Water inserted by No. 60/2005 s. 3(a), repealed by No. 90/2009 s. 3(2).
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S. 3(1) def. of South West water supply catchment area inserted by No. 60/2005 s. 3(a), amended by Nos 57/2006 s. 3(b), 54/2008 s. 3(c), repealed by No. 90/2009 s. 3(3).
* * * * *
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 18.
"Statement of Planning Policy" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of take inserted by No. 40/2002 s. 3(a).
"take" means to gain possession or control of by any means;
S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 35.
"tour operator licence "means a licence granted under section 27D ;
S. 3(1) def. of tourist fossicking authority inserted by No. 50/2002 s. 3, amended by No. 63/2006 s. 61(Sch. item 23.1).
"tourist fossicking authority" means a tourist fossicking authority under Part 5 of the Mineral Resources (Sustainable Development) Act 1990 ;
S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 124(1).
"Traditional Owner Land Management Board "has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of Wannon Water inserted by No. 90/2009 s. 3(4).
"Wannon Water" means Wannon Region Water Corporation constituted under Part 6 of the Water Act 1989 ;
S. 3(1) def. of Wannon water supply catchment area inserted by No. 90/2009 s. 3(5), amended by No. 79/2013 s. 16(d).
"Wannon water supply catchment area" means the land shown hatched on the plan numbered N.P. 111H/4 and lodged in the Central Plan Office;
S. 3(1) def. of wilderness zone inserted by No. 40/1992 s. 16, amended by No. 49/2017 s. 81(1).
"wilderness zone" means land that, by reason of section 22(4A) or (5), is a wilderness zone for the purposes of this Act;
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 81(2).
"Yarra protection principles" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 81(2).
"Yarra River land" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 81(2).
"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 81(2).
"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .
S. 3(2) amended by Nos 9921
s. 255,
41/1987
s. 103(Sch. 4 item
49.2), 12/1989
s. 4(1)(Sch. 2 item
85.1), 44/1989
s. 41(Sch. 2 item
29.1(a) (b)), 81/1989
s. 3(Sch. item 39(a)–(d)) (as amended by No.
25/1991
s. 5(2)(a)), 130/1993
s. 122(Sch. 4 item 10.1),
53/1994
s. 34(Sch. 1 item 6.1),
110/1994
s. 41(Sch. 1 item 7.1),
112/1994
s. 114(Sch. 5 item
6), 31/1995
s. 52(Sch. 1 item 7), 57/1995 s. 4(2), 104/1997
s. 53(1), 76/1998 s. 14, 30/2000 s. 37, 69/2000 s. 61(1), 66/2000
s. 35(2), 6/2010
s. 203(1)
(Sch. 6 item 32.1), 49/2019 s. 186(Sch. 4
item 31.2).
(2) In this Act a reference to a public authority includes a reference to Government Departments the Head, Transport for Victoria the Secretary the Gas Transmission Corporation, GASCOR, Melbourne Water Corporation, SEC, VENCorp, a distribution company, a transmission company or a generation company within the meaning of the Electricity Industry Act 2000 , Victorian Rail Track within the meaning of section 3 of the Transport Integration Act 2010 , Authorities under the Water Act 1989 municipal councils and such other bodies corporate or unincorporate declared by Order of the Governor in Council published in the Government Gazette to be public authorities for the purposes of this Act.
Note to s. 3 inserted by No. 62/2010 s. 124(2).
Note
Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010 .