Victorian Consolidated Regulations

LAND (REGULATED WATERCOURSE LAND) REGULATIONS 2021 - REG 4

In these Regulations—    

"agreed activity" has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010 ;

"camp" means to use or have present in an area, for accommodation purposes, whether occupied or not—

        (a)     equipment including a tent, sleeping bag, swag, tarpaulin or any form of accommodation, shelter or temporary structure; or

        (b)     a vehicle, vessel or any other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

"campfire "means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;

"dwelling" means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it and includes a building that may, in addition to its primary residential use, be used for small-scale commercial activities;

"licensed regulated land "means regulated land that is under a licence under Division 8 of Part I or section 138 of the Land Act 1958 ;

"miner's right "has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990 ;

"occupy", in relation to land, includes a person having the person's possessions on the land;

"Parks Victoria recorded land" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;

"regulated land" means regulated watercourse land other than any of the following—

        (a)     a forest park within the meaning of the Crown Land (Reserves) Act 1978 ;

        (b)     a regional park within the meaning of the Crown Land (Reserves) Act 1978 ;

        (c)     any land administered under the National Parks Act 1975 ;

        (d)     any State Wildlife Reserve under the Wildlife Act 1975 ;

        (e)     a metropolitan park within the meaning of the Crown Land (Reserves) (Metropolitan Parks) Regulations 2011;

        (f)     a forest reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021 ^[1] ;

        (g)     the Yarra Tributaries Forest Reserve within the meaning of the Forests (Recreation) (Temporary) Regulations 2021 ;

"regulated land manager" means—

        (a)     for regulated land that is Parks Victoria recorded land, Parks Victoria; or

        (b)     for all other regulated land, the Secretary;

"riparian management works "means works to protect regulated land;

Examples

Riparian management works include planting of vegetation and revegetation of land.

"tourist fossicking authority "has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990 ;

"traditional owner group" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"traditional owner group agreement" means an agreement under Part 6 of the Traditional Owner Settlement Act 2010 ;

"traditional owner group entity" has the same meaning as in the Traditional Owner Settlement Act 2010 ;

"unlicensed regulated land "means regulated land that is not under a licence under Division 8 of Part I or section 138 of the Land Act 1958 ;

Note

Unlicensed regulated land may include land which is under a licence issued under section 52 of the Forests Act 1958 .

"vegetation "means any alga, fungus or plant or part of an alga, fungus or plant, in any stage of biological development and whether alive or dead;

"watercourse "has the same meaning as in Part XII of the Land Act 1958 .