Victorian Numbered Acts Victorian Numbered ActsAfter Part 7 of the Conservation, Forests and Lands Act 1987 insert —
(1) The Secretary must establish and maintain a record of certain Crown land that is to be controlled and managed by Parks Victoria.
(2) Land that may be included in the record is—
(a) land reserved under the Crown Land (Reserves) Act 1978 (other than land over which a committee of management has been appointed under section 14 of that Act); and
(b) reserved forest under the Forests Act 1958 (other than land over which a committee of management has been appointed under section 50(3) of that Act; and
(c) unreserved Crown land under the Land Act 1958 ; and
(d) any State Wildlife Reserve or Nature Reserve under the Wildlife Act 1975 .
(1) In the record kept under section 67A the Secretary must specify any land in respect of which regulations may be made under Part 9A.
(2) The Secretary, when making a specification under subsection (1), must consider whether there are no suitable regulation making powers under another Act that provide for the making of regulations that are necessary for the management of the land.
(1) The Secretary, with the approval of the Parks Victoria Minister, may amend the record kept under section 67A by including land in the record or removing land from the record.
(2) The Parks Victoria Minister must not approve an amendment under subsection (1) unless the Parks Victoria Minister—
(a) has first—
(i) given Parks Victoria written notice of the proposed amendment; and
(ii) considered any written submission made by Parks Victoria within 60 days of receiving the notice (or any longer period agreed to by the Parks Victoria Minister); and
(b) has first obtained consent to the proposed amendment from the Minister responsible for the administration of the provision of the Act under which the land is managed, if that is not the Parks Victoria Minister.
(3) This section does not apply to a minor correction of information in the record.
In this Division—
"Parks Victoria matter" means any function, power or duty as to the management of land under the Crown Land (Reserves) Act 1978 , the Forests Act 1958 , the Land Act 1958 , the Water Industry Act 1994 or the Wildlife Act 1975 that is conferred on Parks Victoria by an amendment of the Act by the Parks Victoria Act 2018 or by the enactment of the Parks Victoria Act 2018 .
"tour operator licence"—
(a) in relation to land under the Crown Land (Reserves) Act 1978 , has the same meaning as in that Act;
(b) in relation to land under the Forests Act 1958 , has the same meaning as in that Act;
(c) in relation to land under the Wildlife Act 1975 , has the same meaning as in that Act.
(1) On land being included in the Parks Victoria land record—
(a) all rights, property and assets in relation to any Parks Victoria matter that, immediately before the inclusion of the land in the record, were vested in the Secretary, vest in Parks Victoria; and
(b) all debts, liabilities and obligations of the Secretary in relation to any Parks Victoria matter that were existing immediately before the inclusion of the land in the record, become debts, liabilities and obligations of Parks Victoria; and
(c) Parks Victoria is substituted as a party to any proceedings in relation to any Parks Victoria matter pending in any court or tribunal to which the Secretary was a party immediately before the inclusion of the land in the record; and
(d) Parks Victoria is substituted as a party to any contract or arrangement that relates to any Parks Victoria matter entered into by or on behalf of the Secretary and in force immediately before the inclusion of the land in the record.
(2) Any reference to the Secretary in any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter is taken to be a reference to Parks Victoria—
(a) so far as it relates to any period on or after the inclusion of the land in the record; and
(b) if not inconsistent with the context or subject matter.
(3) Any decision made or action taken by the Secretary under any proclamation, Order in Council, rule, regulation, order, agreement, instrument or other document that relates to any Parks Victoria matter and that is in effect immediately before the inclusion of the land in the record is taken to be a decision made or action taken by Parks Victoria—
(a) so far as it relates to any period on or after the inclusion of the land in the Parks Victoria land record; and
(b) if not inconsistent with the context or subject matter.
If, in relation to land that is included in the Parks Victoria land record, a tour operator licence was in force immediately before the inclusion of the land in the record, on the inclusion of the land in the record the licence is taken to continue in force—
(a) subject to its terms and conditions and the Act under which the licence was granted; and
(b) as if—
(i) the licence were granted by Parks Victoria; and
(ii) (if not inconsistent with the context or subject matter) any reference to the Secretary in the licence were a reference to Parks Victoria.
(1) If, in relation to land that is included in the Parks Victoria land record, an application that has been made for a tour operator licence is outstanding immediately before the inclusion of the land in the record, on the inclusion of the land in the record the application is taken to continue in force and may be dealt with under the Act under which the application was made as if it had been made to Parks Victoria.
(2) If, in relation to land that is included in the Parks Victoria land record, an application that has been made for variation of a tour operator licence is outstanding immediately before the inclusion of the land in the record, on the inclusion of the land in the record the application is taken to continue in force and may be dealt with under the Act under which the application was made as if it had been made to Parks Victoria.
Any use of land for a car park in accordance with a decision of the Secretary under section 17E(1) of the Crown Land (Reserves) Act 1978 in relation to land included on the Parks Victoria land record that was in force immediately before the inclusion of the land in the record is taken to continue in force on the inclusion of the land in the record as if the decision were made by Parks Victoria under that section as amended by the Parks Victoria Act 2018 .
If an Order under section 18(1) of the Crown Land (Reserves) Act 1978 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record—
(a) the Order is taken to continue in force as if the Order placed the land under the control and management of Parks Victoria; and
(b) (if not inconsistent with the context or subject matter) any reference in the Order to the Secretary is taken to be a reference to Parks Victoria.
If a lease granted by the Minister or a person authorised by the Minister under section 121 of the Land Act 1958 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record any reference in the lease to directions issued by the Secretary is taken to be a reference to directions issued by Parks Victoria.
If a licence granted by the Minister under section 130 of the Land Act 1958 applied to land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record, any reference in the licence to directions issued by the Secretary is taken to be a reference to directions issued by Parks Victoria.
If an agistment permit under section 133A of the Land Act 1958 was in force over land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record the permit is taken to continue in force—
(a) subject to its terms and conditions and the Act under which the permit was granted; and
(b) as if—
(i) the permit were granted by Parks Victoria; and
(ii) (if not inconsistent with the context or subject matter) any reference to the Secretary in the permit were a reference to Parks Victoria.
If a licence under section 16(2)(a) of the Wildlife Act 1975 was in force over land included in the Parks Victoria land record immediately before the inclusion of the land in the record, on the inclusion of the land in the record the licence is taken to continue in force—
(a) subject to its terms and conditions and the Act under which the licence was granted; and
(b) as if—
(i) the licence were granted by Parks Victoria; and
(ii) (if not inconsistent with the context or subject matter) any reference to the Secretary in the licence were a reference to Parks Victoria.".