Crown Land Legislation Amendment Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Crown Land Legislation Amendment Act 2016 No. 51 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 Part 2—Amendment of the Conservation, Forests and Lands Act 1987 3 3 Definitions 3 4 Secretary to be body corporate 3 5 Secretary to be subject to control 3 6 Regulations 4 Part 3—Amendment of the Crown Land (Reserves) Act 1978 5 Division 1—Crown Land (Reserves) Act 1978 5 7 Definitions 5 8 Application of Road Management Act 2004 5 9 Regulations 5 10 Governor in Council may by Order confer certain leasing and licensing powers to Health Minister 7 11 Division heading inserted 7 12 New section 33 and new Division 2 of Part 5 inserted 7 13 Repeal of spent transitional provisions 8 Division 2—Consequential amendment of other Acts 8 14 National Parks Act 1975—Secretary to manage reserved land 8 15 Melbourne (Yarra Park) Land Act 1980—Regulations for Yarra Park Reserve 9 Part 4—Amendment of the Land Act 1958 10 16 Definitions 10 17 Definitions—Part I 10 18 Application of Road Management Act 2004 10 19 Governor in Council may divide territory into counties etc. 10 20 Industrial leases and industrial development leases 10 21 Licence for strata of Crown land 10 22 Grant of licences for jetties landing stages etc. 10 23 Judicial notice of signature 11 -- 1 of 18 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Development Leases Consultative Committee 11 25 Power to set apart certain portions of roads for tree planting 11 26 Regulations 11 27 New section 413B inserted 12 28 Schedule Seven A amended—complaint and summons 12 Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972 13 29 Definition 13 30 Regulations 13 31 Proceedings for breach of regulations 13 32 Erosion hazard areas 14 Part 6—Other amendments and repeal of amending Act 15 33 Statute law revision—Survey Co-ordination Act 1958 15 34 Repeal of amending Act 15 ═══════════════ Endnotes 16 1 General information 16 -- 2 of 18 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Crown Land Legislation Amendment Act 2016 † No. 51 of 2016 [Assented to 18 October 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The purposes of this Act are— (a) to amend the Conservation, Forests and Lands Act 1987, the Crown Land (Reserves) Act 1978, the Land Act 1958 and the Land Conservation (Vehicle Control) Act 1972 in relation to Victoria -- 3 of 18 -- Part 1—Preliminary Crown Land Legislation Amendment Act 2016 No. 51 of 2016 2 Authorised by the Chief Parliamentary Counsel regulation-making powers and other miscellaneous matters; and (b) to consequentially amend other Acts. 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. -- 4 of 18 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Conservation, Forests and Lands Act 1987 3 Definitions (1) In section 3(1) of the Conservation, Forests and Lands Act 1987— (a) for the definition of Central Plan Office substitute— "Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;"; (b) in the definition of Department, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning". (2) Section 3(2) of the Conservation, Forests and Lands Act 1987 is repealed. 4 Secretary to be body corporate (1) In section 6(1) of the Conservation, Forests and Lands Act 1987, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning". (2) After section 6(6) of the Conservation, Forests and Lands Act 1987 insert— "(7) The body corporate established by this section is taken to be and always to have been the same body despite the change made to its name by the Crown Land Legislation Amendment Act 2016.". 5 Secretary to be subject to control In section 7(4) of the Conservation, Forests and Lands Act 1987, for "Environment and Primary Industries" substitute "Environment, Land, Water and Planning". -- 5 of 18 -- Part 2—Amendment of the Conservation, Forests and Lands Act 1987 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 4 Authorised by the Chief Parliamentary Counsel 6 Regulations For the penalty at the foot of section 82(5) of the Conservation, Forests and Lands Act 1987 substitute— "Penalty: 20 penalty units.". -- 6 of 18 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of the Crown Land (Reserves) Act 1978 Division 1—Crown Land (Reserves) Act 1978 7 Definitions In section 3 of the Crown Land (Reserves) Act 1978, for the definition of Central Plan Office substitute— "Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;". 8 Application of Road Management Act 2004 In section 3A(2)(b)(iii) of the Crown Land (Reserves) Act 1978 omit "to the Department of Sustainability and Environment". 9 Regulations (1) After section 13(1)(b)(iii) of the Crown Land (Reserves) Act 1978 insert— "(iiia) setting aside areas on the land in which specified activities are permitted, restricted or prohibited;". (2) For section 13(1)(b)(x) of the Crown Land (Reserves) Act 1978 substitute— "(x) the imposition, collection and receipt of fees, tolls, rents or other charges for or in respect of— (A) entry upon such land (including any waters on such land) or any specified part of such land by any persons, animals, vehicles, boats or aircraft; or -- 7 of 18 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 6 Authorised by the Chief Parliamentary Counsel (B) any improvement, services or facilities on such land (including carparks); or (C) permits for the use of such land or any part of such land; (xa) imposing penalties not exceeding 20 penalty units for contravention of the regulations; Note See section 34 for transitional provisions relating to penalties.". (3) In section 13(2) of the Crown Land (Reserves) Act 1978, after "such committee" insert "or any specified person or body or class of specified person or body". (4) After section 13(2) of the Crown Land (Reserves) Act 1978 insert— "(2A) Regulations made under subsection (1) may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) provide in a specified case or class of case for the exemption of any person or thing or a class of person or thing from any of the provisions of the regulations, whether— (i) unconditionally or on specified conditions; and (ii) either wholly or to any specified extent.". -- 8 of 18 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 7 Authorised by the Chief Parliamentary Counsel (5) After section 13(3) of the Crown Land (Reserves) Act 1978 insert— "(3A) Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fee, toll, rent or other charge fixed or imposed under regulations made under subsection (1)(b)(x).". (6) In section 13 of the Crown Land (Reserves) Act 1978— (a) subsection (5) is repealed; and (b) subsection (6) is repealed. 10 Governor in Council may by Order confer certain leasing and licensing powers to Health Minister In section 17AB(8) of the Crown Land (Reserves) Act 1978, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning". 11 Division heading inserted In Part 5 of the Crown Land (Reserves) Act 1978, before section 30 insert— "Division 1—Miscellaneous". 12 New section 33 and new Division 2 of Part 5 inserted After section 32 of the Crown Land (Reserves) Act 1978 insert— "33 Payment of refunds If regulations made under this Act (including regulations made under section 13) provide for a refund of a fee, toll, rent or other charge and the fee, toll, rent or other charge has been paid into the Consolidated Fund, the Consolidated Fund is appropriated to the -- 9 of 18 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 8 Authorised by the Chief Parliamentary Counsel necessary extent to enable any refund to be paid. Division 2—General transitional provisions 34 Transitional provisions—Crown Land Legislation Amendment Act 2016 Despite the repeal of section 13(5) and (6) by the Crown Land Legislation Amendment Act 2016, those subsections continue to apply to any regulations made under section 13(1) which are in force immediately before that repeal or any regulations to which those subsections were applied by any other Act or regulation until regulations are made imposing penalties for contravention of the regulations in accordance with section 13(1)(b)(xa) or that other Act or regulation (as the case requires).". 13 Repeal of spent transitional provisions In the Second Schedule to the Crown Land (Reserves) Act 1978— (a) in clause 1, the definition of 2010 Mount Buffalo Act is repealed; and (b) Part 3 is repealed; and (c) clause 8 is repealed. Division 2—Consequential amendment of other Acts 14 National Parks Act 1975—Secretary to manage reserved land (1) In section 19B(5) of the National Parks Act 1975, for "(5), (6)" substitute "(2A), (3A)". -- 10 of 18 -- Part 3—Amendment of the Crown Land (Reserves) Act 1978 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 9 Authorised by the Chief Parliamentary Counsel (2) At the foot of section 19B(5) of the National Parks Act 1975 insert— "Note See section 34 of the Crown Land (Reserves) Act 1978 for transitional provisions relating to penalties.". 15 Melbourne (Yarra Park) Land Act 1980— Regulations for Yarra Park Reserve (1) For section 18(5) of the Melbourne (Yarra Park) Land Act 1980 substitute— "(5) Despite section 34 of the Crown Land (Reserves) Act 1978, a person who contravenes any regulations made under section 13 of that Act that apply to Yarra Park Reserve (including any regulations for or with respect to prohibiting the depositing and the leaving of any unwanted material or thing on Yarra Park Reserve) is liable to— (a) the penalty imposed in those regulations for that contravention; or (b) if no penalty is imposed in those regulations for that contravention, a penalty not exceeding 20 penalty units.". (2) Section 18(6) of the Melbourne (Yarra Park) Land Act 1980 is repealed. -- 11 of 18 -- Part 4—Amendment of the Land Act 1958 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 10 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of the Land Act 1958 16 Definitions In section 2A of the Land Act 1958 insert the following definition— "Central Plan Office means the Central Plan Office maintained under section 4 of the Survey Co-ordination Act 1958;". 17 Definitions—Part I In section 3(1) of the Land Act 1958, in paragraph (b) of the definition of road omit "under the Survey Co-ordination Act 1958". 18 Application of Road Management Act 2004 In section 3A(2)(b) of the Land Act 1958 omit "to the Department of Sustainability and Environment". 19 Governor in Council may divide territory into counties etc. In section 25(6) of the Land Act 1958 omit "under the Survey and Co-ordination Act 1958". 20 Industrial leases and industrial development leases In section 137A(20) of the Land Act 1958 omit "of the Department of Sustainability and Environment". 21 Licence for strata of Crown land In section 138A(5)(a) of the Land Act 1958, for "Department of Property and Services" substitute "Central Plan Office". 22 Grant of licences for jetties landing stages etc. In section 140A(3)(a) of the Land Act 1958 omit "of Natural Resources and Environment". -- 12 of 18 -- Part 4—Amendment of the Land Act 1958 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 11 Authorised by the Chief Parliamentary Counsel 23 Judicial notice of signature In section 201A of the Land Act 1958 omit "of Natural Resources and Environment". 24 Development Leases Consultative Committee In section 307(2) of the Land Act 1958— (a) in paragraph (a) omit "of Conservation, Forests and Lands"; (b) in paragraph (b), for "Agriculture and Rural Affairs appointed by the Minister of Agriculture" substitute "Economic Development, Jobs, Transport and Resources appointed by the Minister for Agriculture". 25 Power to set apart certain portions of roads for tree planting In section 350(4) of the Land Act 1958, for "Department of Conservation, Forests and Lands" substitute "Secretary". 26 Regulations (1) After section 413(1) of the Land Act 1958 insert— "(1A) A power conferred by subsection (1) to make regulations in respect of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to the class of licence to which the fees apply; (e) the manner of payment of fees, including the payment of fees by instalment; -- 13 of 18 -- Part 4—Amendment of the Land Act 1958 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 12 Authorised by the Chief Parliamentary Counsel (f) the time at which, or by which, fees are to be paid. (1B) Regulations made under this section may provide for exemptions from or the reduction, waiver or refund, in whole or in part, of any fees fixed or imposed under regulations made under subsection (1).". (2) For section 413(2) of the Land Act 1958 substitute— "(2) The regulations may impose penalties not exceeding 20 penalty units for a contravention of the regulations.". 27 New section 413B inserted After section 413A of the Land Act 1958 insert— "413B Payment of refunds If regulations made under this Act provide for a refund of a fee, and the fee has been paid into the Consolidated Fund, the Consolidated Fund is appropriated to the necessary extent to enable any refund to be paid.". 28 Schedule Seven A amended—complaint and summons In Schedule Seven A to the Land Act 1958— (a) for "Natural Resources and Environment" substitute "Environment, Land, Water and Planning"; (b) for "of 19" (wherever occurring) substitute "of 20". -- 14 of 18 -- Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 13 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972 29 Definition In section 2 of the Land Conservation (Vehicle Control) Act 1972, in the definition of public land— (a) paragraph (d) is repealed; (b) in paragraph (e), for "than—" substitute "than a municipal council."; (c) paragraph (e)(i) and (ii) are repealed. 30 Regulations (1) After section 3(2)(a) of the Land Conservation (Vehicle Control) Act 1972 insert— "(ab) may confer a discretionary authority or impose a power or duty on any specified person or body or class of specified person or body;". (2) In section 3(2)(c) of the Land Conservation (Vehicle Control) Act 1972, for "$500 for any breach" substitute "20 penalty units for any contravention". 31 Proceedings for breach of regulations (1) Insert the following heading to section 4 of the Land Conservation (Vehicle Control) Act 1972— "Proceedings for contravention of regulations". (2) In section 4 of the Land Conservation (Vehicle Control) Act 1972, for "breach" (wherever occurring) substitute "contravention". (3) In section 4(c) of the Land Conservation (Vehicle Control) Act 1972, for "Land Act 1958; or" substitute "this Act.". -- 15 of 18 -- Part 5—Amendment of the Land Conservation (Vehicle Control) Act 1972 Crown Land Legislation Amendment Act 2016 No. 51 of 2016 14 Authorised by the Chief Parliamentary Counsel (4) Section 4(d) of the Land Conservation (Vehicle Control) Act 1972 is repealed. 32 Erosion hazard areas (1) In section 5(3) of the Land Conservation (Vehicle Control) Act 1972, for "of the Department of Transport, Planning and Local Infrastructure" substitute "maintained under section 4 of the Survey Co-ordination Act 1958". (2) For the penalty at the foot of section 5(5) of the Land Conservation (Vehicle Control) Act 1972 substitute— "Penalty: 20 penalty units.". -- 16 of 18 -- Part 6—Other amendments and repeal of amending Act Crown Land Legislation Amendment Act 2016 No. 51 of 2016 15 Authorised by the Chief Parliamentary Counsel Part 6—Other amendments and repeal of amending Act 33 Statute law revision—Survey Co-ordination Act 1958 In section 4 of the Survey Co-ordination Act 1958, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning". 34 Repeal of amending Act This Act is repealed on the first anniversary of the day on which it receives the Royal Assent. 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). ═══════════════ -- 17 of 18 -- Endnotes Crown Land Legislation Amendment Act 2016 No. 51 of 2016 16 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: 25 May 2016 Legislative Council: 1 September 2016 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 Land Act 1958 and the Land Conservation (Vehicle Control) Act 1972 in relation to regulation-making powers and other miscellaneous matters, to consequentially amend other Acts and for other purposes." -- 18 of 18 --