Parks and Crown Land Legislation Amendment Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of the Conservation, Forests and Lands Act 1987 4 3 Definitions 4 4 Advertisement of draft Code of Practice, variation or revocation 4 5 Repeal of sections 35 and 36 4 6 Substitution of section 37 5 7 New section 37A inserted 6 8 Substitution of section 38 7 Part 3—Amendment of the Crown Land (Reserves) Act 1978 8 9 Definitions 8 10 Castlemaine Diggings National Heritage Park 8 11 Woowookarung Regional Park 8 12 Otway Forest Park 8 Part 4—Amendment of the Environment Protection Act 1970 9 13 Definitions 9 Part 5—Amendment of the Interpretation of Legislation Act 1984 10 14 Definitions 10 Part 6—Amendment of the Mineral Resources (Sustainable Development) Act 1990 11 15 New section 5ABA inserted 11 16 Land not available for exploration, mining and searching 11 17 Restricted Crown land 11 Part 7—Amendment of the National Parks Act 1975 12 18 Definitions 12 19 National Parks Advisory Council 12 20 Members of National Parks Advisory Council 12 -- 1 of 40 -- Section Page ii Authorised by the Chief Parliamentary Counsel 21 Advisory committees 13 22 National parks and State parks 13 23 Order that land to be treated as a park for certain purposes 13 24 Protection of access rights of freeholders in relation to certain parks 13 25 New section 32S inserted 13 26 Annual report 14 27 Consent to mining leases and licences 14 28 Regulations 14 29 Repeal of section 50L 15 30 New section 79 inserted 15 31 New clause 12 of Schedule One A inserted 15 32 Substitution of Part 7 of Schedule One AA 16 33 Budj Bim National Park 18 34 Croajingolong National Park 18 35 Great Otway National Park 18 36 Greater Bendigo National Park 19 37 Lower Goulburn National Park 19 38 Warrandyte State Park 19 39 Nooramunga Marine and Coastal Park 19 40 Castlemaine Diggings National Heritage Park 19 Part 8—Amendment of the Reference Areas Act 1978 21 41 Advisory committee 21 Part 9—Amendment of the Royal Botanic Gardens Act 1991 22 42 Definitions 22 43 Specific powers 22 44 Leases, licences and permits 22 45 Repeal of section 24A 22 46 Corporate planning documents of the Board 23 47 Appointment of Director 23 48 Repeal of sections 39, 40 and 41 24 49 Repeal of section 56 24 50 New section 60 inserted 24 51 Repeal of section 61 24 52 Members 25 53 Chairperson and Deputy Chairperson 25 54 Remuneration and allowances 25 Part 10—Amendment of the Victorian Environmental Assessment Council Act 2001 26 55 Terms and conditions of office of members 26 Part 11—Amendment of the Zoological Parks and Gardens Act 1995 27 56 Definitions 27 -- 2 of 40 -- Section Page iii Authorised by the Chief Parliamentary Counsel 57 Constitution and membership of Board 27 58 Corporate planning documents and financial matters 27 59 Corporate planning documents of the Board 28 60 Repeal of section 19 28 61 Leases licences and permits 29 62 Appointment of Chief Executive Officer 29 63 Repeal of sections 35 and 36 29 64 Repeal of sections 43, 47 and 49 29 65 New Division 2 of Part 5 inserted 29 66 Fees and allowances 30 Part 12—Consequential amendments of other Acts 31 67 Aboriginal Lands Act 1970 31 68 Alpine Resorts Act 1983 31 69 Alpine Resorts (Management) Act 1997 31 70 Casino Control Act 1991 31 71 Catchment and Land Protection Act 1994 31 72 Docklands Act 1991 31 73 EastLink Project Act 2004 32 74 Education and Training Reform Act 2006 32 75 Electoral Boundaries Commission Act 1982 32 76 Forests Act 1958 32 77 Heritage Rivers Act 1992 32 78 Kardinia Park Stadium Act 2016 32 79 Land Act 1958 32 80 Land Conservation (Vehicle Control) Act 1972 32 81 Libraries Act 1988 33 82 Major Sporting Events Act 2009 33 83 Major Transport Projects Facilitation Act 2009 33 84 Melbourne and Olympic Parks Act 1985 33 85 Melbourne City Link Act 1995 33 86 National Gallery of Victoria Act 1966 34 87 Parliamentary Precincts Act 2001 34 88 Planning and Environment Act 1987 34 89 Port Management Act 1995 34 90 Road Management Act 2004 34 91 Royal Agricultural Showgrounds Act 2003 35 92 Royal Children's Hospital (Land) Act 2007 35 93 Victorian Arts Centre Act 1979 35 94 Water Act 1989 35 Part 13—Repeal of amending Act 36 95 Repeal of amending Act 36 ═══════════════ Endnotes 37 1 General information 37 -- 3 of 40 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Parks and Crown Land Legislation Amendment Act 2017 † No. 53 of 2017 [Assented to 24 October 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the National Parks Act 1975 to provide for the addition of the Anglesea Heath to the Great Otway National Park; and (b) to make additions, excisions and corrections to other parks and reserves; and Victoria -- 4 of 40 -- Part 1—Preliminary Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 2 Authorised by the Chief Parliamentary Counsel (c) to amend the names of the Canadian Regional Park and the Mount Eccles National Park; and (d) to provide for a more efficient approach to making, varying and revoking codes of practice under the Conservation, Forests and Lands Act 1987; and (e) to simplify the process for appointing litter enforcement officers for Crown land; and (f) to amend the Interpretation of Legislation Act 1984 to include a definition of Central Plan Office so this term has the same meaning across all Acts and subordinate instruments; and (g) to simplify corporate planning reporting requirements for the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board; and (h) to remove the requirement for a government representative to sit on the National Parks Advisory Council, the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board; and (i) to confer on the Minister power to prescribe sitting fees and allowances for the National Parks Advisory Council, park advisory committees and the Reference Areas Advisory Committee; and (j) to remove the prohibition on public sector employees receiving any payments for their services on the Victorian Environmental Assessment Council and the Zoological Parks and Gardens Board; and (k) to provide for the Royal Botanic Gardens Board and the Zoological Parks and Gardens Board to be responsible for the appointment -- 5 of 40 -- Part 1—Preliminary Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 3 Authorised by the Chief Parliamentary Counsel and remuneration of their chief executive officers; and (l) to expand the functions of the Royal Botanic Gardens Board in relation to plant sales; and (m) to confer on the Minister power to approve a lease or licence proposed to be granted by the Royal Botanic Gardens Board or the Zoological Parks and Gardens Board; and (n) to make other minor and technical amendments to various Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 May 2018, it comes into operation on that day. -- 6 of 40 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Conservation, Forests and Lands Act 1987 3 Definitions In section 3(1) of the Conservation, Forests and Lands Act 1987, the definition of Central Plan Office is repealed. 4 Advertisement of draft Code of Practice, variation or revocation (1) In section 33(1) of the Conservation, Forests and Lands Act 1987, for "The Minister" substitute "Subject to subsection (1A), the Minister". (2) After section 33(1) of the Conservation, Forests and Lands Act 1987 insert— "(1A) The Minister is not required to give notice under subsection (1) if satisfied that the draft Code of Practice or proposed variation of a Code of Practice is of a fundamentally declaratory or machinery nature.". (3) In section 33(3)(b) of the Conservation, Forests and Lands Act 1987, for "60 days of the publication of the notice" substitute "within such time (being not less than 28 days from the publication of the notice) as is specified in the notice". 5 Repeal of sections 35 and 36 Sections 35 and 36 of the Conservation, Forests and Lands Act 1987 are repealed. -- 7 of 40 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 5 Authorised by the Chief Parliamentary Counsel 6 Substitution of section 37 For section 37 of the Conservation, Forests and Lands Act 1987 substitute— "37 Making and publication of Codes of Practice, variations and revocations (1) After considering any submissions made in relation to a draft Code of Practice, or proposed variation or revocation of a Code of Practice, the Minister may make the Code of Practice, variation or revocation. (2) Subject to subsection (3), after the making of a Code of Practice or variation of a Code of Practice, the Minister must ensure that the Code of Practice or variation is published in full— (a) in the next general edition of the Government Gazette; or (b) in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation. (3) If a Code of Practice or variation of a Code of Practice is unsuitable to be published in full, notice of the making of the Code of Practice or variation and where it is available must be published— (a) in the next general edition of the Government Gazette; or (b) in a special edition of the Government Gazette within 10 working days after the making of the Code of Practice or variation. (4) After the making of a revocation of a Code of Practice, the Minister must ensure that the revocation is published— -- 8 of 40 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 6 Authorised by the Chief Parliamentary Counsel (a) in the next general edition of the Government Gazette; or (b) in a special edition of the Government Gazette within 10 working days after the making of the revocation. (5) A Code of Practice or variation or revocation of a Code of Practice takes effect on— (a) the date on which the Code of Practice or variation is published in the Government Gazette under subsection (2); or (b) the date on which notice of the Code of Practice or variation is published in the Government Gazette under subsection (3); or (c) the date on which the revocation is published in the Government Gazette under subsection (4); or (d) a later date specified in the Code of Practice, variation, notice or revocation, as the case requires.". 7 New section 37A inserted After section 37 of the Conservation, Forests and Lands Act 1987 insert— "37A Tabling and disallowance (1) The Minister must ensure that a Code of Practice or variation or revocation of a Code of Practice is tabled in each House of the Parliament on or before the sixth sitting day after— (a) the date on which the Code of Practice or variation is published in the Government Gazette under section 37(2); or -- 9 of 40 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 7 Authorised by the Chief Parliamentary Counsel (b) the date on which notice of the Code of Practice or variation is published in the Government Gazette under section 37(3); or (c) the date on which the revocation is published in the Government Gazette under section 37(4). (2) A Code of Practice or variation or revocation of a Code of Practice may be disallowed by the Parliament. (3) Sections 25C, 25D and 25E of the Subordinate Legislation Act 1994 apply to a Code of Practice or variation or revocation of a Code of Practice that is not a legislative instrument within the meaning of that Act, as if the Code of Practice, variation or revocation were a legislative instrument to which those sections apply.". 8 Substitution of section 38 For section 38 of the Conservation, Forests and Lands Act 1987 substitute— "38 Availability of Code of Practice A Code of Practice and any documents incorporated in a Code of Practice— (a) must be kept available for public inspection at— (i) the principal office of the Department; and (ii) major regional offices of the Department; and (b) must be published on the Internet site of the Department.". -- 10 of 40 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 8 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Crown Land (Reserves) Act 1978 9 Definitions In section 3 of the Crown Land (Reserves) Act 1978, the definition of Central Plan Office is repealed. 10 Castlemaine Diggings National Heritage Park In Division 1 of Part 2 of the Fifth Schedule to the Crown Land (Reserves) Act 1978— (a) for "7585" substitute "7590"; (b) for "N.P. 109A/4" substitute "N.P. 109A/5". 11 Woowookarung Regional Park (1) In the heading to Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "Canadian" substitute "Woowookarung". (2) In Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978— (a) omit "or coloured yellow"; (b) for "LEGL./15-227" substitute "LEGL./17-345". 12 Otway Forest Park In Division 1 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978, for "LEGL./14-060" substitute "LEGL./17-344". -- 11 of 40 -- Part 4—Amendment of the Environment Protection Act 1970 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 9 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of the Environment Protection Act 1970 13 Definitions (1) In section 4(1) of the Environment Protection Act 1970, in the definition of litter authority, after paragraph (f) insert— "(g) the Secretary, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;". (2) In section 4(1) of the Environment Protection Act 1970, in the definition of litter enforcement officer, after paragraph (f) insert— "(g) a person appointed by the Secretary, being the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987, as a litter enforcement officer in respect of any land managed under a relevant law within the meaning of that Act;". -- 12 of 40 -- Part 5—Amendment of the Interpretation of Legislation Act 1984 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 10 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of the Interpretation of Legislation Act 1984 14 Definitions In section 38 of the Interpretation of Legislation Act 1984 insert the following definition— "Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;". -- 13 of 40 -- Part 6—Amendment of the Mineral Resources (Sustainable Development) Act 1990 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 11 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of the Mineral Resources (Sustainable Development) Act 1990 15 New section 5ABA inserted After section 5AB of the Mineral Resources (Sustainable Development) Act 1990 insert— "5ABA Leased area (1) To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of leased area in the Agreement set out in the Mines (Aluminium Agreement) Act 1961 does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement. (2) In this section— Agreement has the same meaning as The Agreement has in section 2(a) of the Mines (Aluminium Agreement) Act 1961.". 16 Land not available for exploration, mining and searching In section 6(3) of the Mineral Resources (Sustainable Development) Act 1990, for "N.P. 105B/2" substitute "N.P. 105B/3". 17 Restricted Crown land In clause 6 of Schedule 3 to the Mineral Resources (Sustainable Development) Act 1990 omit "of the Department of Transport, Planning and Local Infrastructure". -- 14 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 12 Authorised by the Chief Parliamentary Counsel Part 7—Amendment of the National Parks Act 1975 18 Definitions In section 3(1) of the National Parks Act 1975, the definition of Central Plan Office is repealed. 19 National Parks Advisory Council For section 10(1) of the National Parks Act 1975 substitute— "(1) For the purposes of this Act, there is a National Parks Advisory Council consisting of 8 members appointed by the Governor in Council of whom— (a) 2 must be persons with skills or experience relating to the preservation and the protection of parks; and (b) one must be a person who is a professor or teacher of ecology, biology or earth science at a university in Victoria; and (c) one must be a person with experience in local government who resides in a municipality in which there is a park; and (d) 4 must be persons (at least 2 of whom reside outside the metropolitan area) with experience in matters affecting the interests of the community.". 20 Members of National Parks Advisory Council (1) For section 13(4) of the National Parks Act 1975 substitute— "(4) A member of the Council is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.". -- 15 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 13 Authorised by the Chief Parliamentary Counsel (2) Section 13(5A) of the National Parks Act 1975 is repealed. 21 Advisory committees For section 14(5) of the National Parks Act 1975 substitute— "(5) A member of a committee is entitled to receive the travelling and other allowances from time to time fixed in writing by the Minister in respect of that member.". 22 National parks and State parks Section 17(2A) and (2B) of the National Parks Act 1975 are repealed. 23 Order that land to be treated as a park for certain purposes (1) In section 19F(3)(a) of the National Parks Act 1975, after "Schedule Four" insert "or elsewhere in the Act". (2) In section 19F(3)(b) of the National Parks Act 1975, after "Schedule Four" insert "or elsewhere in the Act". 24 Protection of access rights of freeholders in relation to certain parks In section 30I(4)(c) of the National Parks Act 1975, before "Part 8" insert "Part 5 or". 25 New section 32S inserted After section 32R of the National Parks Act 1975 insert— "32S Rehabilitation works—Great Otway National Park (1) The Secretary may authorise Alcoa of Australia Limited ACN 004 879 298 to carry out works on the relevant land that -- 16 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 14 Authorised by the Chief Parliamentary Counsel are associated with the rehabilitation of the Anglesea coal mine and associated works. (2) An authorisation under subsection (1) must be in writing. (3) In this section— relevant land means the land delineated and shown cross-hatched on the plan lodged in the Central Plan Office and numbered N.P. 111E/4 and that is part of the park described in Part 31 of Schedule Two.". 26 Annual report After section 35(1) of the National Parks Act 1975 insert— "(1A) If a national park or State park is created in the financial year preceding the year referred to in subsection (1), the annual report must include a summary of the actions taken to establish the park in the 12 months after the creation of the park.". 27 Consent to mining leases and licences In section 40(1C) of the National Parks Act 1975, for "N.P. 105B/2" substitute "N.P. 105B/3". 28 Regulations In section 48(1) of the National Parks Act 1975— (a) in paragraph (d) omit "and prescribing travelling and other allowances to be paid to members of the Council other than the Director"; (b) in paragraph (e) omit "and prescribing travelling allowances to be paid to members of committees". -- 17 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 15 Authorised by the Chief Parliamentary Counsel 29 Repeal of section 50L Section 50L of the National Parks Act 1975 is repealed. 30 New section 79 inserted After section 78 of the National Parks Act 1975 insert— "79 Land to become part of park on surrender of rights to Crown—Parks and Crown Land Legislation Amendment Act 2017 If any rights over the land held under the Mines (Aluminium Agreement) Act 1961 and shown delineated and coloured blue on the plan lodged in the Central Plan Office and numbered N.P. 111E/4 are not surrendered to the Crown before the commencement of Part 7 of the Parks and Crown Land Legislation Amendment Act 2017, that land is taken to be excluded from the park described in Part 31 of Schedule Two until those rights are surrendered to the Crown.". 31 New clause 12 of Schedule One A inserted After clause 11 of Schedule One A to the National Parks Act 1975 insert— "12 Native title not affected by the Parks and Crown Land Legislation Amendment Act 2017 (1) The amendments made to this Act by the Parks and Crown Land Legislation Amendment Act 2017 are not intended to affect native title rights and interests. (2) Subclause (1) does not apply in any case where native title rights and interests are affected or are authorised to be affected by -- 18 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 16 Authorised by the Chief Parliamentary Counsel or under the Native Title Act 1993 of the Commonwealth.". 32 Substitution of Part 7 of Schedule One AA For Part 7 of Schedule One AA to the National Parks Act 1975 substitute— "Part 7—Parks and Crown Land Legislation Amendment Act 2017 27 Definitions In this Part— 2017 Act means the Parks and Crown Land Legislation Amendment Act 2017; 2017 Act park commencement, in relation to an area of land described in a Part in a Schedule to this Act, the description of which is inserted or amended by a provision of the 2017 Act, means the commencement of the provision of the 2017 Act that so inserts or amends the description; commencement day means the day on which section 19 of the 2017 Act comes into operation. 28 National Parks Advisory Council Despite the substitution of section 10(1) of this Act by section 19 of the 2017 Act— (a) the National Parks Advisory Council established immediately before the commencement day is taken to be the National Parks Advisory Council established under this Act; and -- 19 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 17 Authorised by the Chief Parliamentary Counsel (b) a person appointed as a member of the National Parks Advisory Council whose appointment is in effect immediately before the commencement day is taken to be appointed as a member of the National Parks Advisory Council under this Act. 29 Rights to cease—roads—Great Otway National Park and adjoining land On the 2017 Act park commencement, for the land shown on the plan lodged in the Central Plan Office and numbered N.P. 111E/4— (a) the land delineated and coloured yellow or brown on the plan ceases to be a road or part of a road or road reserve; and (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow or brown on the plan, cease. 30 Rights to cease—roads—Greater Bendigo National Park On the 2017 Act park commencement, for the land shown on the plan lodged in the Central Plan Office numbered N.P. 105B/3— (a) the land delineated and coloured yellow on the plan ceases to be a road or part of a road or road reserve; and -- 20 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 18 Authorised by the Chief Parliamentary Counsel (b) all rights, easements and privileges existing or claimed either by the public or any body or person, as incident to the express or implied grant or past dedication or supposed dedication or any past user or operation of law or otherwise, in relation to the land delineated and coloured yellow on the plan, cease.". 33 Budj Bim National Park (1) In the heading to Part 18 of Schedule Two to the National Parks Act 1975, for "Mount Eccles" substitute "Budj Bim". (2) In Part 18 of Schedule Two to the National Parks Act 1975— (a) omit "or coloured yellow"; (b) for "N.P. 13/3" substitute "N.P. 13/4". 34 Croajingolong National Park In Part 28 of Schedule Two to the National Parks Act 1975— (a) for "88 500 hectares" substitute "88 525 hectares"; (b) for "N.P. 30/8" substitute "N.P. 30/9". 35 Great Otway National Park In Part 31 of Schedule Two to the National Parks Act 1975— (a) for "104 015 hectares" substitute "110 420 hectares"; (b) after "coloured pink" insert "or coloured yellow or coloured blue"; (c) for "N.P. 111E/3" substitute "N.P. 111E/4". -- 21 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 19 Authorised by the Chief Parliamentary Counsel 36 Greater Bendigo National Park In Part 41 of Schedule Two to the National Parks Act 1975, for "N.P. 105B/2" substitute "N.P. 105B/3". 37 Lower Goulburn National Park In Part 48 of Schedule Two to the National Parks Act 1975, for "N.P. 115/1" substitute "N.P. 115/2". 38 Warrandyte State Park In Part 31 of Schedule Two B to the National Parks Act 1975— (a) for "693 hectares" substitute "689 hectares"; (b) omit "or coloured yellow"'; (c) for "N.P. 21/8" substitute "N.P. 21/9". 39 Nooramunga Marine and Coastal Park In Part 5 of Schedule Four to the National Parks Act 1975— (a) for "33(3)" substitute "27C to 27L inclusive, 30I, 33"; (b) for "48 inclusive" substitute "48AA inclusive". 40 Castlemaine Diggings National Heritage Park (1) In Part 8 of Schedule Four to the National Parks Act 1975— (a) after "4(b) and (c)," insert "4A, 4B, 4C,"; (b) after "19F," insert "19G,"; (c) after "27," insert "27C to 27L inclusive, 30I,"; (d) after "44," insert "44A,"; (e) for "and 48" substitute ", 48 and 48AA". -- 22 of 40 -- Part 7—Amendment of the National Parks Act 1975 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 20 Authorised by the Chief Parliamentary Counsel (2) In the Note to Part 8 of Schedule Four to the National Parks Act 1975— (a) for "7585 hectares" substitute "7590 hectares"; (b) for "N.P. 109A/4" substitute "N.P. 109A/5". -- 23 of 40 -- Part 8—Amendment of the Reference Areas Act 1978 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 21 Authorised by the Chief Parliamentary Counsel Part 8—Amendment of the Reference Areas Act 1978 41 Advisory committee For section 5(10) of the References Areas Act 1978 substitute— "(10) A member of the committee, or a person who is co-opted to assist a sub-committee, is entitled to receive the fees and travelling and other allowances from time to time fixed in writing by the Minister in respect of that member or person.". -- 24 of 40 -- Part 9—Amendment of the Royal Botanic Gardens Act 1991 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 22 Authorised by the Chief Parliamentary Counsel Part 9—Amendment of the Royal Botanic Gardens Act 1991 42 Definitions In section 3(1) of the Royal Botanic Gardens Act 1991 insert the following definition— "corporate planning document means— (a) a statement of corporate intent; or (b) a corporate plan; or (c) a business plan;". 43 Specific powers In section 14(m) of the Royal Botanic Gardens Act 1991, for "but, subject to section 24A, not" substitute ", including". 44 Leases, licences and permits (1) In section 24(2)(a) of the Royal Botanic Gardens Act 1991, for "Governor in Council, grant leases, each if" substitute "Minister, grant leases, each of". (2) In section 24(2)(b) of the Royal Botanic Gardens Act 1991, for "Governor in Council" substitute "Minister,". 45 Repeal of section 24A Section 24A of the Royal Botanic Gardens Act 1991 is repealed. -- 25 of 40 -- Part 9—Amendment of the Royal Botanic Gardens Act 1991 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 23 Authorised by the Chief Parliamentary Counsel 46 Corporate planning documents of the Board For section 35 of the Royal Botanic Gardens Act 1991 substitute— "35 Corporate planning documents of the Board (1) The Minister, in writing, may request the Board to prepare a corporate planning document to provide to the Minister. (2) The Board must prepare a corporate planning document if requested by the Minister. (3) A request under subsection (1) must— (a) specify the date by which the corporate planning document must be provided to the Minister; and (b) specify the information to be included in the corporate planning document and the form in which the information must be provided. (4) A corporate planning document may be amended at any time by the Board with the approval of the Minister. (5) The Minister, in writing, may direct the Board to amend a corporate planning document at any time by including or omitting any specified information. (6) The Board must comply with a direction under subsection (5).". 47 Appointment of Director For section 38 of the Royal Botanic Gardens Act 1991 substitute— "38 Appointment of Director (1) The Board, by instrument, may appoint a Director, Royal Botanic Gardens. -- 26 of 40 -- Part 9—Amendment of the Royal Botanic Gardens Act 1991 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 24 Authorised by the Chief Parliamentary Counsel (2) The Director holds office for a term specified in the instrument of appointment.". 48 Repeal of sections 39, 40 and 41 Sections 39, 40 and 41 of the Royal Botanic Gardens Act 1991 are repealed. 49 Repeal of section 56 Section 56 of the Royal Botanic Gardens Act 1991 is repealed. 50 New section 60 inserted After section 59 of the Royal Botanic Gardens Act 1991 insert— "60 Transitional provisions—Parks and Crown Land Legislation Amendment Act 2017 (1) On the commencement day, a corporate plan of a Board prepared under section 35 as in force immediately before that day is taken to be a corporate planning document prepared under section 35. (2) On the commencement day, an appointment to the Board made under clause 1(2)(a) of Schedule 2 as in force immediately before that day is terminated and the person appointed to the Board under that clause goes out of office. (3) In this section— commencement day means the day on which Part 9 of the Parks and Crown Land Legislation Amendment Act 2017 comes into operation.". 51 Repeal of section 61 Section 61 of the Royal Botanic Gardens Act 1991 is repealed. -- 27 of 40 -- Part 9—Amendment of the Royal Botanic Gardens Act 1991 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 25 Authorised by the Chief Parliamentary Counsel 52 Members For clause 1(2) of Schedule 2 to the Royal Botanic Gardens Act 1991 substitute— "(2) The members of the Board must be people who, in the Minister's opinion, have knowledge or expertise in one or more of the following fields— (a) botany or horticulture; (b) business management, financial management or public administration; (c) recreation provision, education or tourism; (d) nature conservation.". 53 Chairperson and Deputy Chairperson In clause 3(1) of Schedule 2 to the Royal Botanic Gardens Act 1991 omit "appointed under clause 1(2)(b),". 54 Remuneration and allowances Clause 9(2) of Schedule 2 to the Royal Botanic Gardens Act 1991 is repealed. -- 28 of 40 -- Part 10—Amendment of the Victorian Environmental Assessment Council Act 2001 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 26 Authorised by the Chief Parliamentary Counsel Part 10—Amendment of the Victorian Environmental Assessment Council Act 2001 55 Terms and conditions of office of members In section 9(6) of the Victorian Environmental Assessment Council Act 2001 omit "who is not an employee in the public service". -- 29 of 40 -- Part 11—Amendment of the Zoological Parks and Gardens Act 1995 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 27 Authorised by the Chief Parliamentary Counsel Part 11—Amendment of the Zoological Parks and Gardens Act 1995 56 Definitions In section 3 of the Zoological Parks and Gardens Act 1995 insert the following definition— "corporate planning document means— (a) a statement of corporate intent; or (b) a corporate plan; or (c) a business plan;". 57 Constitution and membership of Board For section 9(2) of the Zoological Parks and Gardens Act 1995 substitute— "(2) The persons appointed to the Board are to be persons who, in the opinion of the Minister, have expertise in one or more of the following areas— (a) zoology or veterinary science; (b) business management, financial management or public administration; (c) education, tourism or recreation; (d) nature conservation or animal research; (e) architecture or engineering.". 58 Corporate planning documents and financial matters For the heading to Division 2 of Part 2 of the Zoological Parks and Gardens Act 1995 substitute— "Division 2—Corporate planning documents and financial matters". -- 30 of 40 -- Part 11—Amendment of the Zoological Parks and Gardens Act 1995 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 28 Authorised by the Chief Parliamentary Counsel 59 Corporate planning documents of the Board For section 18 of the Zoological Parks and Gardens Act 1995 substitute— "18 Corporate planning documents of the Board (1) The Minister, in writing, may request the Board to prepare a corporate planning document to provide to the Minister. (2) The Board must prepare a corporate planning document if requested by the Minister. (3) A request under subsection (1) must— (a) specify the date by which the corporate planning document must be provided to the Minister; and (b) specify the information to be included in the corporate planning document and the form in which the information must be provided. (4) A corporate planning document may be amended at any time by the Board with the approval of the Minister. (5) The Minister, in writing, may direct the Board to amend a corporate planning document at any time by including or omitting any specified information. (6) The Board must comply with a direction under subsection (5).". 60 Repeal of section 19 Section 19 of the Zoological Parks and Gardens Act 1995 is repealed. -- 31 of 40 -- Part 11—Amendment of the Zoological Parks and Gardens Act 1995 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 29 Authorised by the Chief Parliamentary Counsel 61 Leases licences and permits (1) In section 33(2)(a) of the Zoological Parks and Gardens Act 1995, for "Governor in Council" substitute "Minister". (2) In section 33(2)(b) of the Zoological Parks and Gardens Act 1995, for "Governor in Council" substitute "Minister". 62 Appointment of Chief Executive Officer In section 34 of the Zoological Parks and Gardens Act 1995, for "After consultation with the Board, the Minister," substitute "The Board". 63 Repeal of sections 35 and 36 Sections 35 and 36 of the Zoological Parks and Gardens Act 1995 are repealed. 64 Repeal of sections 43, 47 and 49 Sections 43, 47 and 49 of the Zoological Parks and Gardens Act 1995 are repealed. 65 New Division 2 of Part 5 inserted After Division 1 of Part 5 of the Zoological Parks and Gardens Act 1995 insert— "Division 2—Parks and Crown Land Legislation Amendment Act 2017 50 Definition In this Division— commencement day means the day on which Part 11 of the Parks and Crown Land Legislation Amendment Act 2017 comes into operation. -- 32 of 40 -- Part 11—Amendment of the Zoological Parks and Gardens Act 1995 Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 30 Authorised by the Chief Parliamentary Counsel 51 Constitution and membership of the Board On the commencement day, an appointment to the Board made under section 9(2)(a) as in force immediately before that day is terminated and the person appointed to the Board under that section goes out of office. 52 Corporate planning documents of the Board On the commencement day, a corporate plan of the Board prepared under section 18 as in force immediately before that day is taken to be a corporate planning document prepared under section 18.". 66 Fees and allowances In clause 7 of Schedule 2 to the Zoological Parks and Gardens Act 1995 omit ", other than a member who is an officer or employee of the public service,". -- 33 of 40 -- Part 12—Consequential amendments of other Acts Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 31 Authorised by the Chief Parliamentary Counsel Part 12—Consequential amendments of other Acts 67 Aboriginal Lands Act 1970 In section 24B(1) of the Aboriginal Lands Act 1970 omit "of the Department of Sustainability and Environment". 68 Alpine Resorts Act 1983 (1) In section 2 of the Alpine Resorts Act 1983, the definition of Central Plan Office is repealed. (2) In section 22 of the Alpine Resorts Act 1983 omit "maintained under section 4 of the Survey Co-ordination Act 1958". 69 Alpine Resorts (Management) Act 1997 In section 3 of the Alpine Resorts (Management) Act 1997, the definition of Central Plan Office is repealed. 70 Casino Control Act 1991 (1) In section 3(1) of the Casino Control Act 1991, in the definition of casino complex, omit "of the Department of Sustainability and Environment". (2) In section 74(1A) of the Casino Control Act 1991 omit "of the Department of Sustainability and Environment". 71 Catchment and Land Protection Act 1994 In section 95A(2) of the Catchment and Land Protection Act 1994 omit "of the Department". 72 Docklands Act 1991 In section 66(1)(b) of the Docklands Act 1991 omit "of the Department of Sustainability and Environment". -- 34 of 40 -- Part 12—Consequential amendments of other Acts Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 32 Authorised by the Chief Parliamentary Counsel 73 EastLink Project Act 2004 In section 3(1) of the EastLink Project Act 2004, the definition of Central Plan Office is repealed. 74 Education and Training Reform Act 2006 In section 5.7A.2 of the Education and Training Reform Act 2006, the definition of Central Plan Office is repealed. 75 Electoral Boundaries Commission Act 1982 In section 12(1)(a) of the Electoral Boundaries Commission Act 1982 omit "of the Department of Sustainability and Environment". 76 Forests Act 1958 In section 3(1) of the Forests Act 1958, the definition of Central Plan Office is repealed. 77 Heritage Rivers Act 1992 In section 3(1) of the Heritage Rivers Act 1992, the definition of Central Plan Office is repealed. 78 Kardinia Park Stadium Act 2016 In section 3 of the Kardinia Park Stadium Act 2016, the definition of Central Plan Office is repealed. 79 Land Act 1958 In section 2A of the Land Act 1958, the definition of Central Plan Office is repealed. 80 Land Conservation (Vehicle Control) Act 1972 In section 5(3) of the Land Conservation (Vehicle Control) Act 1972 omit "maintained under section 4 of the Survey Co-ordination Act 1958". -- 35 of 40 -- Part 12—Consequential amendments of other Acts Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 33 Authorised by the Chief Parliamentary Counsel 81 Libraries Act 1988 In section 3(4) of the Libraries Act 1988 omit "of the Department of Sustainability and Environment". 82 Major Sporting Events Act 2009 (1) In section 3(1) of the Major Sporting Events Act 2009, in the definition of Docklands Stadium concourse, in paragraph (a) omit "maintained under the Survey Co-ordination Act 1958". (2) In section 3(1) of the Major Sporting Events Act 2009, in the definition of Lakeside Stadium, omit "maintained under the Survey Co-ordination Act 1958". (3) In section 3(4) of the Major Sporting Events Act 2009 omit "maintained under the Survey Co-ordination Act 1958". (4) In section 21 of the Major Sporting Events Act 2009 omit "maintained under the Survey Co-ordination Act 1958". 83 Major Transport Projects Facilitation Act 2009 In section 3 of the Major Transport Projects Facilitation Act 2009, the definition of Central Plan Office is repealed. 84 Melbourne and Olympic Parks Act 1985 In section 4 of the Melbourne and Olympic Parks Act 1985, the definition of Central Plan Office is repealed. 85 Melbourne City Link Act 1995 In section 3 of the Melbourne City Link Act 1995, the definition of Central Plan Office is repealed. -- 36 of 40 -- Part 12—Consequential amendments of other Acts Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 34 Authorised by the Chief Parliamentary Counsel 86 National Gallery of Victoria Act 1966 (1) In section 4(1) of the National Gallery of Victoria Act 1966, in the definition of National Gallery land, omit "in the Department of Natural Resources and Environment". (2) In section 4(4) of the National Gallery of Victoria Act 1966 omit "of the Department of Sustainability and Environment". 87 Parliamentary Precincts Act 2001 In section 3 of the Parliamentary Precincts Act 2001, in the definition of Parliamentary reserve, in paragraph (a) omit "of the Department of Natural Resources and Environment". 88 Planning and Environment Act 1987 (1) In section 3(1) of the Planning and Environment Act 1987, in the definition of Port of Melbourne Area, in paragraph (a) omit "established under the Survey Co-ordination Act 1958". (2) In section 46ZB(1) of the Planning and Environment Act 1987 omit "of the Department of Transport, Planning and Local Infrastructure". (3) In section 201R of the Planning and Environment Act 1987, the definition of Central Plan Office is repealed. 89 Port Management Act 1995 In section 3(1) of the Port Management Act 1995, the definition of Central Plan Office is repealed. 90 Road Management Act 2004 In clause 1 of Schedule 5A to the Road Management Act 2004, the definition of Central Plan Office is repealed. -- 37 of 40 -- Part 12—Consequential amendments of other Acts Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 35 Authorised by the Chief Parliamentary Counsel 91 Royal Agricultural Showgrounds Act 2003 In section 3 of the Royal Agricultural Showgrounds Act 2003, in the definition of plan numbered LEGL./02–062, omit "of the Department of Sustainability and Environment". 92 Royal Children's Hospital (Land) Act 2007 In section 10(5)(b) of the Royal Children's Hospital (Land) Act 2007 omit "in the Department of Sustainability and Environment". 93 Victorian Arts Centre Act 1979 (1) In section 3 of the Victorian Arts Centre Act 1979, in the definition of Centre, omit "in the Department of Natural Resources and Environment". (2) In section 20 of the Victorian Arts Centre Act 1979, in the definition of lodged plan, omit "in the Department of Natural Resources and Environment". 94 Water Act 1989 In section 3(1) of the Water Act 1989, the definition of central plan office is repealed. -- 38 of 40 -- Part 13—Repeal of amending Act Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 36 Authorised by the Chief Parliamentary Counsel Part 13—Repeal of amending Act 95 Repeal of amending Act This Act is repealed on 1 May 2019. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 39 of 40 -- Endnotes Parks and Crown Land Legislation Amendment Act 2017 No. 53 of 2017 37 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 7 June 2017 Legislative Council: 7 September 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Environment Protection Act 1970, the Interpretation of Legislation Act 1984, the Mineral Resources (Sustainable Development) Act 1990, the National Parks Act 1975, the Reference Areas Act 1978, the Royal Botanic Gardens Act 1991, the Victorian Environmental Assessment Council Act 2001 and the Zoological Parks and Gardens Act 1995 to provide for the addition of the Anglesea Heath to the Great Otway National Park and to improve the administration of Crown land and for other purposes." -- 40 of 40 --