PARKS VICTORIA ACT 2018 (NO. 19 OF 2018)

Victorian Numbered Acts

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PARKS VICTORIA ACT 2018 (NO. 19 OF 2018)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Transport Integration Act 2010

PART 2--ESTABLISHMENT OF AND GENERAL PROVISIONS ABOUT PARKS VICTORIA

Division 1--Establishment, functions and powers of Parks Victoria

5. Establishment of Parks Victoria
6. Parks Victoria represents the Crown
7. Objects of Parks Victoria
8. Functions of Parks Victoria
9. Power of Parks Victoria
10. Functions, powers and duties in relation to Yarra River land
11. Fire and other emergencies
12. Other services
13. Delegation

Division 2--Ministerial direction

14. Minister may give directions to Parks Victoria
15. Publication of directions

Division 3--Membership and decision making

16. Constitution and membership of Parks Victoria
17. Chairperson and deputy Chairperson
18. Terms and conditions of appointment
19. Vacancies
20. Resignations
21. Removals
22. Validity of decisions of Parks Victoria
23. Proceedings of Parks Victoria
24. Resolutions without meetings

Division 4--Committees

25. Committees of Parks Victoria
26. Advisory committees

Division 5--Chief executive officer and staff

27. Chief executive officer
28. Staff

PART 3--OBLIGATIONS AND PLANNING RESPONSIBILITIES

Division 1--Corporate planning

29. Preparation of corporate planning documents by Parks Victoria
30. Parks Victoria to notify Minister of significant affecting events etc.

Division 2--Statements of obligations

31. Statement of obligations
32. Amendment, variation or revocation of a statement of obligations
33. Process for making a statement of obligations or amendment or variation
34. Issuing a statement of obligations or amendment, variation or revocation
35. Publication of statement of obligations or amendment, variation or revocation
36. Taking effect of statement of obligations
37. Compliance with statement of obligations

Division 3--Land management strategy

38. Preparation of land management strategy
39. Preparation of amendment of the strategy
40. Process for preparing the strategy or an amendment
41. Approving the strategy or an amendment
42. Publication and notice of the strategy or amendment
43. Taking effect of the strategy or amendment
44. Review of the strategy
45. Revoking the strategy

Division 4--Land management plans

46. Land management plans
47. Amendment or revocation of land management plans
48. Process for making a land management plan or amendment
49. Publication and notice of land management plan or amendment or revocation
50. Taking effect of land management plan
51. Review of land management plans

PART 4--TRANSITIONAL PROVISIONS

52. Definitions
53. Repeal of Parks Victoria Act 1998
54. Abolition of old body and provisions relating to transition to new body
55. Transfer of staff from old body to new body

PART 5--AMENDMENT OF CONSERVATION, FORESTS AND LANDS ACT 1987

56. Definitions
57. Delegation of powers and functions
58. Charges and fees
59. Liability for charge or fee
60. Charge or fee may be recovered as debt
61. New Part inserted after Part 7
62. Powers of the Secretary
63. Form and operation of agreement
64. Role of Minister and Secretary where recognition and settlement agreement exists
65. Appointment and dismissal of members
66. Joint preparation of management plans
67. Requirements of specific Acts as to management to apply
68. Completion of preparation of management plan
69. Making and consideration of submissions
70. Agreement to management plan
71. Approval of plan by Minister
72. Effect of plan
73. Delegations to or in relation to Traditional Owner Land Management Boards
74. New section 83AA inserted
75. Appointment of authorised officers
76. Appointment of persons to perform certain functions of authorised officers
77. Statement of authorised officer is evidence
78. Certificate of Secretary is evidence
79. Injunctions
80. Parking infringements
81. Proceedings for offences
82. Compensation
83. Action for damages
84. New Part 9A inserted
85. New section 124 inserted

PART 6--AMENDMENT OF CROWN LAND (RESERVES) ACT 1978

86. Definitions
87. Appointment of committees of management
88. New section inserted after section 15
89. Licences for purposes other than those for which land is reserved
90. Licence may be granted for term greater than 10 years in some circumstances
91. Licence granted to a generation company
92. Continuation of uses of land for purposes other than those for which it is reserved—leases
93. Leases for up to 21 years for other purposes
94. Parliamentary scrutiny of certain approvals
95. Use of reserved land for car parks
96. Management and control of reserved land
97. Power of Secretary to enter into management agreements
98. Obligations of Secretary and Parks Victoria in relation to Yarra River land
99. Cutting and taking away fallen or felled trees—Shepparton Regional Park
100. Repeal of spent provision—Grazing licences—Kerang and Shepparton Regional Parks
101. Cutting and taking away fallen or felled trees—Murray River Park
102. New Part 6 of Second Schedule inserted

PART 7--AMENDMENT OF FORESTS ACT 1958

103. Definitions
104. Minister or Secretary not to control mining
105. Restriction on cutting or removing timber or forest produce
106. General powers of Secretary
107. New section 18AA inserted
108. Secretary to manage reserved land
109. Obligations of Secretary in relation to Yarra River land
110. Other powers and duties of Secretary
111. Special powers of Secretary
112. Working plans for State forests
113. Power to enter into management agreements with Traditional Owner Land Management Boards
114. Power to declare land in reserved forests to be a forest park etc.
115. Leases of land in reserved forests
116. Licences and permits with respect to forests
117. Power to submit certain leases licences or permits to auction or tender
118. Dealing with interest in leased land
119. Grant of tour operator licence
120. Application for tour operator licence
121. Tour operator licence conditions
122. Variation of tour operator licence
123. Suspension of tour operator licence
124. Making submissions on suspension
125. Cancellation of tour operator licence
126. Proclamation of protected forests
127. Declaration of protected public lands
128. Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires
129. Immunity provision
130. Restriction on dealings by authorised officers
131. Agistment fees chargeable for cattle in reserved forest
132. Unbranded wild cattle to belong to Crown
133. Offences
134. Regulations
135. New section inserted after section 104

PART 8--AMENDMENT OF LAND ACT 1958

136. Definitions
137. Power to enter into management agreements with Traditional Owner Land Management Boards
138. General conditions regarding licences
139. Licence presumed where fee paid
140. Application of sections 130B and 130C, loss of licence
141. Application of sections 130B and 130C, period for licence
142. Agistment permits
143. Remittance or waiver of rent or fees in times of hardship
144. Compensation for improvements on forfeiture of lease or cancellation of licence
145. Notice of intention to apply for licence to be published
146. Licence fee
147. Renewal presumed where fee paid
148. Conditions associated with lease of land
149. Land over which bee site licence may be granted
150. Offences
151. Effect of cancellation of a licence
152. Municipal councils to be notified of grant, transfer etc. of licences

PART 9--AMENDMENT OF NATIONAL PARKS ACT 1975

153. Definitions
154. Sections 5 and 6 repealed
155. Sections 14 and 15 repealed
156. Certain offices deemed not to be office of profit under Crown
157. Secretary may enter into management agreements
158. National parks and State parks
159. Wilderness parks—Schedule Two A
160. Management plans
161. Prohibition on development and other activities
162. Marine national parks and marine sanctuaries
163. Other parks
164. Management of land prior to its reservation
165. Management agreements with Trust for Nature
166. Secretary to manage reserved land
167. Minister may make management agreements with public authorities
168. Minister may make agreements with other States
169. Leasing and managing of land adjacent to parks
170. Order that land to be treated as a park for certain purposes
171. Powers of Secretary
172. Obligations of Secretary in relation to Yarra River land
173. Secretary may grant certain permits etc.
174. Permits to take fish or fishing bait for research in marine national parks and marine sanctuaries
175. Protection of remote and natural areas
176. Management of remote and natural areas
177. Navigation lights—Sandpatch and Wilsons Promontory wilderness zones
178. Deer hunting in some wilderness zones
179. Permanent works that may be carried out in parks
180. Continuation of existing uses
181. Harvesting of a pine plantation in Lake Eildon National Park
182. Special provisions for certain parks
183. Tenancies or licences for certain purposes
184. Rights of public authorities in respect of parks
185. Secretary must have regard to Yarra Strategic Plan if preparing a management plan in relation to a park
186. Grant of tour operator licence
187. Application for tour operator licence
188. Tour operator licence conditions
189. Variation of tour operator licence
190. Suspension of tour operator licence
191. Making submissions on suspension
192. Cancellation of tour operator licence
193. Introduction or use of cattle in specific parks
194. Operations in the Alpine National Park
195. Protection of access rights of freeholders in relation to certain parks
196. Glenample Homestead
197. Section 32AE repealed
198. Authorities to search for minerals in certain parks
199. Protection of designated water supply catchment areas and their water resources
200. Management agreements with managing water authorities
201. Control and management of structures and installations in designated water supply catchment areas
202. Extraction of forest produce from Kinglake National Park and Yarra Ranges National Park
203. Determination of disputes
204. Drainage licences
205. Rehabilitation works—Great Otway National Park
206. Rents etc. to be paid into the Consolidated Fund
207. Annual Report
208. Secretary may consent to certain guns or other weapons being carried or used
209. Secretary may consent to weapons other than guns being carried through parks
210. Minister may cause to be erected signs to indicate parks
211. Authorised officer may demand name etc.
212. Production of identification
213. Application of section 188A of the Land Act 1958
214. Impounding of livestock
215. Section 46 repealed
216. Evidence
217. Section 47C repealed
218. Regulations
219. New Part X inserted
220. Schedule One AA—Transitional provisions—repeal of spent provisions

PART 10--AMENDMENT OF WATER INDUSTRY ACT 1994

221. Definitions
222. Power of Secretary to enter into management agreements

PART 11--AMENDMENT OF WILDLIFE ACT 1975

223. Definitions
224. Management and control of lands
225. Obligations of Secretary in relation to Yarra River land
226. State Wildlife Reserves
227. Management and control of State Wildlife Reserves
228. Management and control of Nature Reserves
229. Moneys received paid into Consolidated Fund
230. Preparation of management plans for reserves
231. Power to enter into management agreements with Traditional Owner Land Management Boards
232. Limitation on mining etc. on State Wildlife or Nature Reserves
233. Removing sand etc. from State Wildlife Reserve or Nature Reserve
234. Grant of tour operator licence
235. Application for tour operator licence
236. Tour operator licence conditions
237. Variation of tour operator licence
238. Suspension of tour operator licence
239. Making submissions on suspension
240. Cancellation of tour operator licence
241. Wildlife Management Co-operative Areas
242. Review of decisions
243. Regulations

PART 12--OTHER CONSEQUENTIAL AMENDMENTS

244. Aboriginal Heritage Act 2006
245. Country Fire Authority Act 1958
246. Land (Revocation of Reservations and Other Matters) Act 2009
247. Mineral Resources (Sustainable Development) Act 1990
248. Port Management Act 1995
249. Safe Drinking Water Act 2003
250. Traditional Owner Settlement Act 2010
251. Transport Integration Act 2010
252. Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

PART 13--REPEAL OF PARTS

253. Repeal of Parts
ENDNOTES

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